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This case was last updated from Los Angeles County Superior Courts on 01/24/2020 at 01:03:00 (UTC).

BLANCA GONZALEZ VS DESSER TIRE & RUBBER CO LLC

Case Summary

On 09/10/2018 BLANCA GONZALEZ filed a Labor - Wrongful Termination lawsuit against DESSER TIRE RUBBER CO LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is DENNIS J. LANDIN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0804

  • Filing Date:

    09/10/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Wrongful Termination

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

DENNIS J. LANDIN

 

Party Details

Plaintiff and Petitioner

GONZALEZ BLANCA

Defendants and Respondents

DESSER TIRE & RUBBER CO. LLC

DOES 1-50

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

ESHAGHIAN LAW PC

BOKHOUR LAW GROUP PC

ESHAGHIAN MICHELLE

BOKHOUR MEHRDAD

Defendant Attorneys

MCGUIGAN KATHRYN T

KIM YANINA F.

 

Court Documents

Opposition - OPPOSITION PLAINTIFF BLANCA GONZALEZ'S OPPOSITION TO DEFENDANT DESSER TIRE & RUBBER CO., LLC'S EX PARTE APPLICATION FOR AN ORDER COMPELLING A MENTAL EXAMINATION; DECLARATION OF MEHRDA

12/10/2019: Opposition - OPPOSITION PLAINTIFF BLANCA GONZALEZ'S OPPOSITION TO DEFENDANT DESSER TIRE & RUBBER CO., LLC'S EX PARTE APPLICATION FOR AN ORDER COMPELLING A MENTAL EXAMINATION; DECLARATION OF MEHRDA

Declaration - DECLARATION OF MICHELLE ESHAGHIAN ISO PLAINTIFF'S MOTION IN LIMINE #1

12/17/2019: Declaration - DECLARATION OF MICHELLE ESHAGHIAN ISO PLAINTIFF'S MOTION IN LIMINE #1

Motion in Limine - MOTION IN LIMINE #1

12/17/2019: Motion in Limine - MOTION IN LIMINE #1

Motion in Limine - MOTION IN LIMINE NO. 5

12/17/2019: Motion in Limine - MOTION IN LIMINE NO. 5

Motion in Limine - MOTION IN LIMINE NO. 4

12/17/2019: Motion in Limine - MOTION IN LIMINE NO. 4

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL FOR ORDER COMPELLING A MEDICAL EX...)

12/18/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL FOR ORDER COMPELLING A MEDICAL EX...)

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO STRIKE DEFENDANT DESSER TI...)

1/7/2020: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO STRIKE DEFENDANT DESSER TI...)

Declaration - DECLARATION OF MICHELLE ESHAGHIAN ISO PLAINTIFF'S OPPOSITION TO DEFENDANT'S EX PARTE APPLICATION

10/31/2019: Declaration - DECLARATION OF MICHELLE ESHAGHIAN ISO PLAINTIFF'S OPPOSITION TO DEFENDANT'S EX PARTE APPLICATION

Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL AND OTHER DATES

11/1/2019: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL AND OTHER DATES

Minute Order - MINUTE ORDER (POST-MEDIATION STATUS CONFERENCE)

11/19/2019: Minute Order - MINUTE ORDER (POST-MEDIATION STATUS CONFERENCE)

Stipulation and Order - Stipulation and Order Joint Stipulation and Protective Order

1/23/2019: Stipulation and Order - Stipulation and Order Joint Stipulation and Protective Order

Case Management Statement

11/26/2018: Case Management Statement

Answer - Answer to Plaintiff's Unverified Complaint

11/7/2018: Answer - Answer to Plaintiff's Unverified Complaint

Minute Order - Minute Order (Case Management Conference)

12/10/2018: Minute Order - Minute Order (Case Management Conference)

Proof of Service by Substituted Service -

10/3/2018: Proof of Service by Substituted Service -

SUMMONS - NOTICE OF CASE ASSIGNMENT UNLIMITED CIVIL CASE - IC

9/10/2018: SUMMONS - NOTICE OF CASE ASSIGNMENT UNLIMITED CIVIL CASE - IC

COMPLAINT FOR DAMAGES 1. DISCRIMINATION BASED ON ACTUAL OR PERCEIVED DISABILITY 2. DISCRIMINATION BASED ON AGE ETC....

9/10/2018: COMPLAINT FOR DAMAGES 1. DISCRIMINATION BASED ON ACTUAL OR PERCEIVED DISABILITY 2. DISCRIMINATION BASED ON AGE ETC....

SUMMONS -

9/10/2018: SUMMONS -

28 More Documents Available

 

Docket Entries

  • 04/14/2020
  • Hearing04/14/2020 at 09:30 AM in Department 51 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 04/03/2020
  • Hearing04/03/2020 at 08:30 AM in Department 51 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 03/09/2020
  • Hearing03/09/2020 at 09:00 AM in Department 51 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion for Summary Judgment

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  • 01/22/2020
  • Docketat 09:30 AM in Department 51, Dennis J. Landin, Presiding; Jury Trial ((5-7 day estimate)) - Held - Continued

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  • 01/10/2020
  • Docketat 08:30 AM in Department 51, Dennis J. Landin, Presiding; Final Status Conference - Held - Continued

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  • 01/07/2020
  • Docketat 08:30 AM in Department 51, Dennis J. Landin, Presiding; Hearing on Ex Parte Application (TO STRIKE DEFENDANT DESSER TIRE & RUBBER CO., LLC?S NOTICE OF ERRATA, OR IN THE ALTERNATIVE, CONTINUING DEFENDANT?S MSJ DATE AND TRIAL DATE; DECLARATION OF MICHELLE ESHAGHIAN IN SUPPORT THEREOF) - Held

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  • 01/07/2020
  • DocketMinute Order ( (Hearing on Ex Parte Application to Strike Defendant Desser Ti...)); Filed by Clerk

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  • 01/07/2020
  • DocketOrder Appointing Court Approved Reporter as Official Reporter Pro Tempore; Filed by Desser Tire & Rubber Co., LLC (Defendant)

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  • 01/07/2020
  • DocketEx Parte Application (PLAINTIFF BLANCA GONZALEZ?S EX PARTE APPLICATION TO STRIKE DEFENDANT DESSER TIRE & RUBBER CO., LLC?S NOTICE OF ERRATA, OR IN THE ALTERNATIVE, CONTINUING DEFENDANT?S MSJ DATE AND TRIAL DATE; DECLARATION OF MICHELLE ESHAGHIAN IN SUPPORT THEREOF); Filed by Blanca Gonzalez (Plaintiff)

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  • 01/06/2020
  • DocketOpposition (to Ex Parte Application to Continue Trial); Filed by Desser Tire & Rubber Co., LLC (Defendant)

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35 More Docket Entries
  • 11/13/2018
  • DocketNotice of Case Management Conference

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  • 11/07/2018
  • DocketAnswer (to Plaintiff's Unverified Complaint); Filed by Desser Tire & Rubber Co., LLC (Defendant)

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  • 10/03/2018
  • DocketProof of Service by Substituted Service; Filed by Blanca Gonzalez (Plaintiff)

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  • 09/27/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 09/27/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 09/27/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 09/10/2018
  • DocketComplaint; Filed by Blanca Gonzalez (Plaintiff)

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  • 09/10/2018
  • DocketSUMMONS

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  • 09/10/2018
  • DocketCOMPLAINT FOR DAMAGES 1. DISCRIMINATION BASED ON ACTUAL OR PERCEIVED DISABILITY 2. DISCRIMINATION BASED ON AGE ETC....

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  • 09/10/2018
  • DocketSUMMONS NOTICE OF CASE ASSIGNMENT UNLIMITED CIVIL CASE - IC

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Tentative Rulings

Case Number: BC720804    Hearing Date: August 12, 2020    Dept: 51

While Plaintiff's argument mainly focuses on the assertion that her claims were not "unreasonable, frivolous, meritless or vexatious," the Christianburg case does not require such a high standard to show "bad faith." It merely requires a prevailing defendant to show that the plaintiff's action was "groundless or without foundation" "even though not brought in subjective bad faith". 

Applying this rule, the grant of summary judgment was based on the finding that the Plaintiff could not even make a prima facie showing of age/disability discrimination because there is not only lack of evidence showing that the termination was based on her age/disability, but her own medical records and declarations are also self-contradictory. Further, there was no record showing that she requested any accommodation other than medical leave.

However, the Court may order a supplemental briefing regarding Plaintiff's inability to pay or undue financial hardship. Roman Here, Plaintiff does submit a short one-sentence declaration stating that she cannot afford $25,274.74 in costs. While it is conclusory and lacks any effort to show the inability to pay, the Court will permit her to supplement the declaration with specific details regarding her income, expenses, assets and other sources of financial support.

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