This case was last updated from Los Angeles County Superior Courts on 05/24/2019 at 02:40:12 (UTC).

ARTIS CHANDLER ET AL VS WHOLE FOODS MARKET INC ET AL

Case Summary

On 12/27/2017 a Personal Injury - Other Personal Injury case was filed by ARTIS CHANDLER against WHOLE FOODS MARKET INC in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8347

  • Filing Date:

    12/27/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Petitioners and Plaintiffs

CANDLER ARTIS

TURNER HASHANI

Respondents and Defendants

CP IV G8 LLC

CARMEL PARTNERS INC.

WHOLE FOODS MARKET INC.

DOES 1 TO 12

 

Court Documents

Substitution of Attorney

3/20/2019: Substitution of Attorney

Proof of Personal Service

3/20/2019: Proof of Personal Service

Proof of Personal Service

3/25/2019: Proof of Personal Service

Answer

4/17/2019: Answer

Answer

4/17/2019: Answer

Answer

4/17/2019: Answer

Demand for Jury Trial

4/17/2019: Demand for Jury Trial

Proof of Service by Mail

4/23/2019: Proof of Service by Mail

Amendment to Complaint (Fictitious/Incorrect Name)

4/30/2019: Amendment to Complaint (Fictitious/Incorrect Name)

Motion to Continue Trial Date

5/3/2019: Motion to Continue Trial Date

Memorandum of Points & Authorities

5/3/2019: Memorandum of Points & Authorities

Proof of Service by Mail

5/3/2019: Proof of Service by Mail

Declaration

5/3/2019: Declaration

Declaration

5/20/2019: Declaration

Proof of Service by Mail

5/20/2019: Proof of Service by Mail

Reply

5/20/2019: Reply

SUMMONS

12/27/2017: SUMMONS

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

12/27/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

6 More Documents Available

 

Docket Entries

  • 05/20/2019
  • Declaration (Declaration of Clayton L. Zamudio In Support of Reply of Defendant Mrs. Gooch's National Food Markets, Inc. dba Whole Foods Market to Non-Opposition to Its and Motion to Continue Trial and Related Dates); Filed by Mrs. Gooch's Natural Foods Markets, Inc. (Defendant)

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  • 05/20/2019
  • Proof of Service by Mail; Filed by Mrs. Gooch's Natural Foods Markets, Inc. (Defendant)

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  • 05/20/2019
  • Reply (Reply of Defendant Mrs. Gooch's Natural Food Markets, Inc. dba Whole Foods Market to Non-Opposition to Its Motion to Continue Trial and Related Dates; Declaration of Clayton L. Zamudio In Support Thereof); Filed by Mrs. Gooch's Natural Foods Markets, Inc. (Defendant)

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  • 05/03/2019
  • Motion to Continue Trial Date; Filed by Mrs. Gooch's Natural Foods Markets, Inc. (Defendant)

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  • 05/03/2019
  • Proof of Service by Mail; Filed by Mrs. Gooch's Natural Foods Markets, Inc. (Defendant)

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  • 05/03/2019
  • Declaration (Declaration of Clayton L. Zamudio In Support of Defendant Mrs. Gooch's Natural Food Markets DBA Whole Food Markets Motion to Continue Trial and Related Dates); Filed by Mrs. Gooch's Natural Foods Markets, Inc. (Defendant)

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  • 05/03/2019
  • Memorandum of Points & Authorities; Filed by Mrs. Gooch's Natural Foods Markets, Inc. (Defendant)

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  • 04/30/2019
  • Amendment to Complaint (Fictitious/Incorrect Name); Filed by Artis Candler (Plaintiff); Hashani Turner (Plaintiff)

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  • 04/23/2019
  • Proof of Service by Mail; Filed by Carmel Partners, Inc. (Defendant); CP IV G8, LLC (Defendant)

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  • 04/17/2019
  • Answer; Filed by Mrs. Gooch's Natural Foods Markets, Inc. (Defendant)

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  • 04/17/2019
  • Demand for Jury Trial; Filed by Carmel Partners, Inc. (Defendant); CP IV G8, LLC (Defendant)

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  • 04/17/2019
  • Answer; Filed by Carmel Partners, Inc. (Defendant); CP IV G8, LLC (Defendant)

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  • 04/17/2019
  • Answer; Filed by Carmel Partners, Inc. (Defendant)

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  • 03/25/2019
  • Proof of Personal Service; Filed by Hashani Turner (Plaintiff)

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  • 03/20/2019
  • Proof of Personal Service; Filed by Hashani Turner (Plaintiff)

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  • 03/20/2019
  • Substitution of Attorney; Filed by Hashani Turner (Plaintiff)

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  • 12/27/2017
  • SUMMONS

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  • 12/27/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 12/27/2017
  • Complaint; Filed by Artis Candler (Plaintiff); Hashani Turner (Plaintiff)

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Tentative Rulings

Case Number: BC688347    Hearing Date: November 04, 2019    Dept: 4A

Motion to Compel Further Responses to Form Interrogatories, Special Interrogatories, and Request for Production

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On December 27, 2017, Plaintiffs Artis Chandler and Hashani Turner (“Plaintiffs”) filed a complaint against Defendants Whole Foods Market, Inc. and Carmel Partners, Inc., d.b.a. CP IV G8, LLC alleging premises liability and general negligence for a parking gate arm coming down and striking the Plaintiffs on January 14, 2016.

On April 30, 2019, Plaintiffs filed an amendment to the complaint naming Defendant Mrs. Gooch’s Natural Food Market, Inc. as Doe 1.

On October 7, 2019, Defendant Mrs. Gooch’s Natural Food Markets, Inc. d.b.a. Whole Foods Market filed a motion to compel further responses to Form Interrogatories, Special Interrogatories, and Request for Production pursuant to California Code of Civil procedure sections 2030.290, subdivision (b), and 2031.300, subdivision (b).

Trial is set for September 4, 2020.

PARTY’S REQUEST

Defendant Mrs. Gooch’s Natural Food Markets, Inc. d.b.a. Whole Foods Market (“Moving Defendant”) asks the Court to compel Plaintiff Chandler to provide further responses to written discovery.

Moving Defendant also asks the Court to order Plaintiff Chandler and his counsel of record to pay $1,500 in monetary sanctions, jointly and severally, for their abuse of the discovery process.

LEGAL STANDARD

“Parties must participate in an [Informal Discovery Conference] before a Motion to Compel Further Responses to Discovery will be heard unless the moving party submits evidence, by way of declaration, that the opposing party as failed or refused to participate in an [Informal Discovery Conference.]  (LA Superior Court Standing Order; April 16, 2018, ¶ 5 (emphasis in original).)  A motion to compel further is the appropriate motion when the responding party provides a response to the propounded discovery.  (See Deyo v. Kilbourne  (1978) 84 Cal.App.3d 771, 788.)

DISCUSSION

On August 21, 2019, Moving Defendant received Plaintiff Chandler’s responses to written discovery.  (Zamudio Decl., ¶ 3.)

There are a number of deficiencies with the motion at bar.  First, the specific written discovery Moving Defendant alleges to have propounded has not been lodged with the Court and the Court is otherwise unaware as to if and when such written discovery was served on Plaintiff Chandler.  Second, the Plaintiff Chandler’s responses that Moving Defendant argues are untimely and legally deficient are not lodged with the Court.  Third, this motion to compel further has been incorrectly reserved with the Court as a motion to compel.  Fourth, Moving Defendant has not engaged in an Informal Discovery Conference prior to the hearing on this motion, and there is no indication that Opposing Defendant failed or refused to engage in an Informal Discovery Conference.

The motion is DENIED.

Moving Defendant is ordered to give notice of this ruling.