This case was last updated from Los Angeles County Superior Courts on 07/01/2019 at 01:12:49 (UTC).

DAVID MAHTOV ET AL VS CITY OF LOS ANGELES ET AL

Case Summary

On 01/26/2018 a Personal Injury - Other Personal Injury case was filed by DAVID MAHTOV against CITY OF LOS ANGELES 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:

    ****1772

  • Filing Date:

    01/26/2018

  • 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

MAHTOV ISAAC

MAHTOV DAVID

Defendants and Respondents

LOS ANGELES CITY OF

DOES 1 TO 25

CHEMLA [DOE 1] ISABELLE

YAACOV ADI B DOE 4

 

Court Documents

Amendment to Complaint (Fictitious/Incorrect Name)

12/19/2018: Amendment to Complaint (Fictitious/Incorrect Name)

Amendment to Complaint (Fictitious/Incorrect Name)

12/19/2018: Amendment to Complaint (Fictitious/Incorrect Name)

Amendment to Complaint (Fictitious/Incorrect Name)

12/19/2018: Amendment to Complaint (Fictitious/Incorrect Name)

Amendment to Complaint (Fictitious/Incorrect Name)

12/19/2018: Amendment to Complaint (Fictitious/Incorrect Name)

Amendment to Complaint (Fictitious/Incorrect Name)

12/19/2018: Amendment to Complaint (Fictitious/Incorrect Name)

Notice of Posting of Jury Fees

12/31/2018: Notice of Posting of Jury Fees

Summons

1/22/2019: Summons

Amended Complaint

1/22/2019: Amended Complaint

Answer

2/25/2019: Answer

Summons

3/5/2019: Summons

Stipulation to Continue Trial/FSC [and Related Motion/Discovery Dates] Personal Injury Courts Only (Department 91, 92, 93, 97)

5/23/2019: Stipulation to Continue Trial/FSC [and Related Motion/Discovery Dates] Personal Injury Courts Only (Department 91, 92, 93, 97)

CoverSheet

1/26/2018: CoverSheet

Civil Case Cover Sheet

1/26/2018: Civil Case Cover Sheet

Summons

1/26/2018: Summons

Complaint

1/26/2018: Complaint

3 More Documents Available

 

Docket Entries

  • 05/23/2019
  • [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by David Mahtov (Plaintiff); Isaac Mahtov (Plaintiff)

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  • 03/05/2019
  • Summons (on Complaint); Filed by Los Angeles, City Of (Defendant)

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  • 02/25/2019
  • Answer; Filed by Los Angeles, City Of (Defendant)

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  • 01/22/2019
  • Summons (on Complaint); Filed by David Mahtov (Plaintiff); Isaac Mahtov (Plaintiff)

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  • 01/22/2019
  • Amended Complaint (1st); Filed by David Mahtov (Plaintiff); David Mahtov (Plaintiff); Isaac Mahtov (Plaintiff) et al.

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  • 01/22/2019
  • Complaint (1st); Filed by David Mahtov (Plaintiff); Isaac Mahtov (Plaintiff)

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  • 12/31/2018
  • Plaintiff's Notice of Posting Jury Fees; Filed by David Mahtov (Plaintiff); Isaac Mahtov (Plaintiff)

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  • 12/19/2018
  • Amendment to Complaint (Fictitious/Incorrect Name); Filed by David Mahtov (Plaintiff); Isaac Mahtov (Plaintiff)

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  • 12/19/2018
  • Amendment to Complaint (Fictitious/Incorrect Name); Filed by David Mahtov (Plaintiff); Isaac Mahtov (Plaintiff)

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  • 12/19/2018
  • Amendment to Complaint (Fictitious/Incorrect Name); Filed by David Mahtov (Plaintiff); Isaac Mahtov (Plaintiff)

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  • 12/19/2018
  • Amendment to Complaint (Fictitious/Incorrect Name); Filed by David Mahtov (Plaintiff); Isaac Mahtov (Plaintiff)

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  • 12/19/2018
  • Amendment to Complaint (Fictitious/Incorrect Name); Filed by David Mahtov (Plaintiff); Isaac Mahtov (Plaintiff)

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  • 11/19/2018
  • Amendment to Complaint (Fictitious/Incorrect Name); Filed by David Mahtov (Plaintiff); Isaac Mahtov (Plaintiff)

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  • 01/26/2018
  • Civil Case Cover Sheet

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  • 01/26/2018
  • Complaint

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  • 01/26/2018
  • Summons; Filed by null

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  • 01/26/2018
  • Complaint; Filed by David Mahtov (Plaintiff); Isaac Mahtov (Plaintiff)

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Tentative Rulings

Case Number: BC691772    Hearing Date: January 07, 2020    Dept: 4A

Motion to Continue Trial

Having considered the g papers,

BACKGROUND

On January 26, 2018, Plaintiffs David Mahtov Mahtov

On November 19, 2018, Plaintiffs filed an amendment to their complaint renaming Doe 1 as Defendant Isabelle Chemla.

On December 19, 2018, Plaintiffs filed amendments to their complaint renaming Doe 2 as Alyesh Doe 3 as Defendant Ami Weisz, Doe 4 as Defendant Adi B. Yaacov, Doe 5 as Defendant Keter

On January 22, 2019, Plaintiffs filed a first amended complaint.

On November 25, , Defendant Isabelle Chemla filed a motion to continue trial and related dates pursuant to California Rules of Court, rule 3.1332

Trial is set for January 24, 2020.

PARTYS

Defendant Isabelle Chemla (“Moving Defendant”) asks to continue trial to July 0, 2020 and to relate all discovery deadlines to that trial date because Moving Defendant has not had an opportunity to engage in discovery.

LEGAL STANDARD

Pursuant to California Rules of Court, rule 3.1332, subdivision (a), “[t]o ensure Under California Rules of Court, rule 3.1332, subdivision (b), “[a] party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.”

California Rules of Court, rule 3.1332, subdivision (c) lthough continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.”  California Rules of Court, rule 3.1332, subdivision (d) sets forth factors that are relevant in determining whether to grant a continuance.

California Code of Civil Procedure section 2024.050 allows a court to grant leave to complete discovery proceedings.  In doing so, a court shall consider matters relevant to the leave requested, including, but not limited to: (1) the necessity of the discovery, (2) the diligence in seeking the discovery or discovery motion, (3) the likelihood of interference with the trial calendar or prejudice to a party, and (4) the length of time that has elapsed between previous trial dates.  (Code Civ. Proc. § 2024.050.)

DISCUSSION

Moving Defendant .  Moving Defendant made her first appearance in this action on October 9, 2019.  (Hara-Tadaki .) As such, Moving Defendant has not had an opportunity to engage in any written discovery or to complete any depositions.  (Hara-Tadaki 4.)  Trial has been continued twice by parties other than Moving Defendant.  (Hara-Tadaki 5.)

Contrary to Moving Defendant’s argument, she has had ample time to conduct written discovery and complete depositions.  Over as month has passed since the filing of this motion.  That is plenty of time to at least propound written discovery and set deposition dates.  The Court further finds that the fact that this action has been continued twice already indicates the motion should be denied.

Nevertheless, Moving Defendant would likely not have conducted discovery sufficient to file a motion for summary judgment.  And the argument that the two prior continuances were not requested by Moving Defendant is persuasive.  As such, there is good cause to grant the requested continuances.

CONCLUSION

The motion is GRANTED.

The Court orders trial shall be continued to July 10, June 26, 2020 July 10,

Moving Defendant is