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This case was last updated from Los Angeles County Superior Courts on 08/15/2019 at 10:08:57 (UTC).

CONSUMER ADVOCACY GROUP INC VS SMART & FINAL ET AL

Case Summary

On 01/17/2017 CONSUMER ADVOCACY GROUP INC filed a Personal Injury - Other Personal Injury lawsuit against SMART FINAL. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ELIZABETH ALLEN WHITE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7198

  • Filing Date:

    01/17/2017

  • 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

Judge Details

Presiding Judge

ELIZABETH ALLEN WHITE

 

Party Details

Plaintiffs and Petitioners

CONSUMER ADVOCACY GROUP INC

CONSUMER ADVOCACY GROUP INC.

Defendants and Respondents

SMART & FINAL

AMERIFOODS TRADING COMPANY LLC

SMART & FINAL STORES INC

SMART & FINAL LLC

SMART & FINAL IRIS CORPORATION

SMART & FINAL STORES LLC

DOES 1-30

SMART & FINAL STORES INC.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

YEROUSHALMI & ASSOCIATES

YEROUSHALMI REUBEN

Defendant Attorneys

GOODMAN MARK C.

ROBERTS GARY M.

 

Court Documents

Unknown

4/9/2018: Unknown

NOTICE OF MOTION AND MOTION FOR AN ORDER COMPELLING FURTHER RESPONSES TO PLAINTIFF CONSUMER ADVOCACY GROUP, INC.'S REQUEST FOR ADMISSIONS, SET ONE, ETC

5/23/2018: NOTICE OF MOTION AND MOTION FOR AN ORDER COMPELLING FURTHER RESPONSES TO PLAINTIFF CONSUMER ADVOCACY GROUP, INC.'S REQUEST FOR ADMISSIONS, SET ONE, ETC

PLAINTIFF'S CRC RULE 3.1345 SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE ETC

5/23/2018: PLAINTIFF'S CRC RULE 3.1345 SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE ETC

DECLARATION OF TIFFINE E. MALAMPHY IN SUPPORT OF PLAINTIFF CONSUMER ADVOCACY GROUP, INC.'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, ETC

5/23/2018: DECLARATION OF TIFFINE E. MALAMPHY IN SUPPORT OF PLAINTIFF CONSUMER ADVOCACY GROUP, INC.'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, ETC

PROOF OF SERVICE

5/23/2018: PROOF OF SERVICE

SMART AND FINAL STORES LLC'S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION OF COUNTS 2 AND 3

5/31/2018: SMART AND FINAL STORES LLC'S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION OF COUNTS 2 AND 3

PLAINTIFF CONSUMER ADVOCACY GROUP, INC.'S SEPARATE STATEMENT IN OPPOSITION TO DEFENDANT SMART AND FINAL STORES LLC'S MOTION FOR SUMMARY ADJUDICATION

6/13/2018: PLAINTIFF CONSUMER ADVOCACY GROUP, INC.'S SEPARATE STATEMENT IN OPPOSITION TO DEFENDANT SMART AND FINAL STORES LLC'S MOTION FOR SUMMARY ADJUDICATION

ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE

6/27/2018: ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE

REPLY IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION OF PLAINTIFF'S SECOND AND THIRD CAUSES OF ACTION

8/16/2018: REPLY IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION OF PLAINTIFF'S SECOND AND THIRD CAUSES OF ACTION

PROOF OF SERVICE BY MAIL

8/17/2018: PROOF OF SERVICE BY MAIL

Minute Order

1/11/2019: Minute Order

Separate Statement

2/27/2019: Separate Statement

Proof of Service (not Summons and Complaint)

2/27/2019: Proof of Service (not Summons and Complaint)

Reply

3/7/2019: Reply

Order

4/2/2019: Order

PLAINTIFF, CONSUMER ADVOCACY GROUP, INC.'S RESPONSE TO DEFENDANT, GEL SPICE COMPANY, INC.'S NOTICE OF RELATED CASE FILED IN CASE NO. BC665798

9/15/2017: PLAINTIFF, CONSUMER ADVOCACY GROUP, INC.'S RESPONSE TO DEFENDANT, GEL SPICE COMPANY, INC.'S NOTICE OF RELATED CASE FILED IN CASE NO. BC665798

169 More Documents Available

 

Docket Entries

  • 11/18/2019
  • Hearingat 09:30 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 11/15/2019
  • Hearingat 08:30 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion for Terminating Sanctions

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  • 11/12/2019
  • Hearingat 08:30 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 09/19/2019
  • Hearingat 08:30 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Compel Further Discovery Responses

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  • 09/17/2019
  • Hearingat 08:30 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Compel Further Discovery Responses

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  • 09/05/2019
  • Hearingat 08:30 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion for Order (name extension)

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  • 07/26/2019
  • DocketNotice (of Motion); Filed by Consumer Advocacy Group, Inc. (Plaintiff)

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  • 06/28/2019
  • Docketat 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing on Motion to Compel (Deposition Testimony and Documents from Dr. Melikyan and for Sanctions)

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  • 06/26/2019
  • Docketat 1:30 PM in Department 48, Elizabeth Allen White, Presiding; Informal Discovery Conference (IDC) - Held

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  • 06/26/2019
  • DocketMinute Order ( (Informal Discovery Conference (IDC))); Filed by Clerk

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349 More Docket Entries
  • 04/12/2017
  • DocketProof of Service (not Summons and Complaint); Filed by Consumer Advocacy Group, Inc. (Plaintiff)

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  • 04/12/2017
  • DocketProof of Service (not Summons and Complaint); Filed by Consumer Advocacy Group, Inc. (Plaintiff)

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  • 04/12/2017
  • DocketProof of Service (not Summons and Complaint); Filed by Consumer Advocacy Group, Inc. (Plaintiff)

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  • 04/12/2017
  • DocketProof-Service/Summons; Filed by Consumer Advocacy Group, Inc. (Plaintiff)

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  • 04/12/2017
  • DocketProof-Service/Summons; Filed by Consumer Advocacy Group, Inc. (Plaintiff)

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  • 02/22/2017
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 02/22/2017
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 01/17/2017
  • DocketComplaint; Filed by Consumer Advocacy Group, Inc. (Plaintiff)

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  • 01/17/2017
  • DocketCOMPLAINT FOR PENALTY AND INJUNCTION

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  • 01/17/2017
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC647198    Hearing Date: December 18, 2019    Dept: 48

MOTION FOR SANCTIONS PURSUANT TO CCP § 128.5

MOVING PARTY: Defendant Smart & Final Stores, LLC

RESPONDING PARTY(S): Plaintiff Consumer Advocacy Group, Inc.

PROOF OF SERVICE

ANALYSIS

Motion for Sanctions (CCP § 128.5)

On December 2, 2019, judgment was entered in favor of Defendant Smart & Final Stores, LLC and against Plaintiff. Defendant Smart & Final Stores, LLC moves for sanctions pursuant to CCP § 128.5.

As an initial matter, the Court will not consider Plaintiff’s litigation activities against other Defendants, not the moving Defendant Smart & Final Stores, LLC.

Second, CCP § 128.5 “shall not apply to disclosures and discovery requests, responses, objections, and motions.” CCP § 128.5(e).

Third, Defendant’s citation to Health and Safety Code § 2549.7(h)(2) is inapposite to this motion. First, the court never determined that there was no actual or threatened exposure to a listed chemical prior to this motion. Second, such a motion must seek an in camera review of the information in the certificate of merit.

(h) 

. . .

(2) Upon the conclusion of an action brought pursuant to subdivision (d) with respect to a defendant, if the trial court determines that there was no actual or threatened exposure to a listed chemical, the court may, upon the motion of that alleged violator or upon the court’s own motion, review the basis for the belief of the person executing the certificate of merit, expressed in the certificate of merit, that an exposure to a listed chemical had occurred or was threatened. The information in the certificate of merit, including the identity of the persons consulted with and relied on by the certifier, and the facts, studies, or other data reviewed by those persons, shall be disclosed to the court in an in-camera proceeding at which the moving party shall not be present. If the court finds that there was no credible factual basis for the certifier’s belief that an exposure to a listed chemical had occurred or was threatened, then the action shall be deemed frivolous within the meaning of Section 128.5 of the Code of Civil Procedure. The court shall not find a factual basis credible on the basis of a legal theory of liability that is frivolous within the meaning of Section 128.5

Health & Saf. Code, § 25249.7(h)(2)(bold emphasis added).

Fourth, the Court does not find that this action was brought in bad faith, nor that it was frivolous or solely intended to cause unnecessary delay.

(a) A trial court may order a party, the party’s attorney, or both, to pay the reasonable expenses, including attorney’s fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay. This section also applies to judicial arbitration proceedings under Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3.

(b) For purposes of this section:

(1) “Actions or tactics” include, but are not limited to, the making or opposing of motions or the filing and service of a complaint, cross-complaint, answer, or other responsive pleading. The mere filing of a complaint without service thereof on an opposing party does not constitute “actions or tactics” for purposes of this section.

(2) “Frivolous” means totally and completely without merit or for the sole purpose of harassing an opposing party.

CCP § 128.5 (a) & (b)(bold emphasis added).

The Court cites its August 21, 2018 ruling denying Defendant Smart & Final Stores, LLC’s motion for summary adjudication as to the second and third causes of action. Plaintiff presented a persuasive argument in opposing summary adjudication that

Asian and Indian cultures use ginger and turmeric in their ethnic foods and thus their consumption would be higher than the exposures utilized by Defendant’s expert. The Court found this evidence was sufficient to raise a triable issue of material fact as to the average exposure/consumption of ground ginger and turmeric in California, and whether the ground ginger and ground turmeric sold by Defendant to consumers in California falls within the regulatory safe harbor level.

The Court does not find that CCP § 128.5 sanctions are warranted against Plaintiff. The motion for sanctions pursuant to CCP § 128.5 is DENIED.

Plaintiff’s counter-request for sanctions is also DENIED.

(g) A motion for sanctions brought by a party or a party’s attorney primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation, shall itself be subject to a motion for sanctions. It is the intent of the Legislature that courts shall vigorously use its sanction authority to deter the improper actions or tactics or comparable actions or tactics of others similarly situated.

CCP § 128.5(g).

The Court does not find that this motion was brought primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.

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