This case was last updated from Los Angeles County Superior Courts on 04/07/2022 at 15:07:47 (UTC).

ELMER R CASTELLANOS ET AL VS ETHAN JOHN WHITED

Case Summary

On 08/16/2017 ELMER R CASTELLANOS filed a Personal Injury - Motor Vehicle lawsuit against ETHAN JOHN WHITED. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judges overseeing this case are STEPHEN I. GOORVITCH, MICHAEL E. WHITAKER, JILL FEENEY and FREDERICK C. SHALLER. The case status is Disposed - Dismissed.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2522

  • Filing Date:

    08/16/2017

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

STEPHEN I. GOORVITCH

MICHAEL E. WHITAKER

JILL FEENEY

FREDERICK C. SHALLER

 

Party Details

Plaintiffs

CASTELLANOS ELMER R.

PALENCIA FRANCISCO

Defendant

WHITED ETHAN JOHN

Attorney/Law Firm Details

Petitioner and Plaintiff Attorneys

ZEYTUNTSYAN ANDREW ESQ.

ZEYTUNTSYAN ANDRANIK ANDREW ESQ.

GARCIA KEVIN

GARCIA KEVIN ANGEL ESQ.

Respondent and Defendant Attorneys

SHAVER KORFF & CASTRONOVO LAW O/O

KORFF EVE HELENE

KORFF EVE HELENE ESQ.

 

Court Documents

Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER ADVANCING HEARING DATE ON DEFENDANT'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL ANSWER AND TO CONTINUE TRIAL AND ALL TRIAL-SENSITIVE DATES BASED O

3/23/2022: Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER ADVANCING HEARING DATE ON DEFENDANT'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL ANSWER AND TO CONTINUE TRIAL AND ALL TRIAL-SENSITIVE DATES BASED O

Motion for Leave - MOTION FOR LEAVE NOTICE OF MOTION FOR LEAVE TO FILE SUPPLEMENTAL ANSWER

3/23/2022: Motion for Leave - MOTION FOR LEAVE NOTICE OF MOTION FOR LEAVE TO FILE SUPPLEMENTAL ANSWER

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

3/25/2022: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR AN ORDER ADVANCING THE 0...)

3/25/2022: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR AN ORDER ADVANCING THE 0...)

Declaration - DECLARATION PURSUANT TO CCP SECTION 377.32

3/3/2022: Declaration - DECLARATION PURSUANT TO CCP SECTION 377.32

Notice of Related Case

3/10/2022: Notice of Related Case

Notice of Settlement - NOTICE OF SETTLEMENT UNCONDITIONAL AS TO THE ENTIRE ACTION

10/22/2021: Notice of Settlement - NOTICE OF SETTLEMENT UNCONDITIONAL AS TO THE ENTIRE ACTION

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE - SETTLEMENT - UNCONDITIONAL NOTICE AS TO...)

12/15/2021: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE - SETTLEMENT - UNCONDITIONAL NOTICE AS TO...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER PURSUANT TO NOTICE OF SETTLEMENT; PURSUANT TO "...) OF 10/22/2021

10/22/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER PURSUANT TO NOTICE OF SETTLEMENT; PURSUANT TO "...) OF 10/22/2021

Minute Order - MINUTE ORDER (COURT ORDER PURSUANT TO NOTICE OF SETTLEMENT; PURSUANT TO "...)

10/22/2021: Minute Order - MINUTE ORDER (COURT ORDER PURSUANT TO NOTICE OF SETTLEMENT; PURSUANT TO "...)

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

3/16/2021: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

RETURNED MAIL - RETURNED MAIL (MINUTES OF 04-01-20)

8/26/2020: RETURNED MAIL - RETURNED MAIL (MINUTES OF 04-01-20)

Substitution of Attorney

6/24/2020: Substitution of Attorney

Minute Order - MINUTE ORDER (NUNC PRO TUNC ORDER)

6/25/2020: Minute Order - MINUTE ORDER (NUNC PRO TUNC ORDER)

Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

6/25/2020: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

Notice - NOTICE NOTICE OF CONTINUANCE OF MOTION FOR TERMINATING SANCTIONS

4/21/2020: Notice - NOTICE NOTICE OF CONTINUANCE OF MOTION FOR TERMINATING SANCTIONS

Notice - NOTICE NOTICE OF COURT'S ORDER TAKING FSC AND TRIAL OFF CALENDAR

4/15/2020: Notice - NOTICE NOTICE OF COURT'S ORDER TAKING FSC AND TRIAL OFF CALENDAR

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/15/2020

4/15/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/15/2020

27 More Documents Available

 

Docket Entries

  • 03/25/2022
  • Docketat 10:00 AM in Department 30, Jill Feeney, Presiding; Final Status Conference - Not Held - Taken Off Calendar by Court

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  • 03/25/2022
  • Docketat 08:30 AM in Department 30, Jill Feeney, Presiding; Hearing on Ex Parte Application (for an Order Advancing the 06/20/2022 Hearing Date on Defendant's Motion for Leave to File Supplemental Answer and to Continue Trial and All Trial-Sensitive Dates based on written Settlement between the Parties) - Held - Motion Denied

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  • 03/25/2022
  • DocketMinute Order ( (Hearing on Ex Parte Application for an Order Advancing the 0...)); Filed by Clerk

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  • 03/25/2022
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 03/23/2022
  • DocketEx Parte Application (for an Order Advancing the 06/20/2022 Hearing Date on Defendant's Motion for Leave to File Supplemental Answer and to Continue Trial and All Trial-Sensitive Dates based on written Settlement between the Parties); Filed by ETHAN JOHN WHITED (Defendant)

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  • 03/23/2022
  • DocketMotion for Leave (Notice of Motion for Leave to File Supplemental Answer); Filed by ETHAN JOHN WHITED (Defendant)

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  • 03/10/2022
  • DocketNotice of Related Case; Filed by ETHAN JOHN WHITED (Defendant)

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  • 03/03/2022
  • DocketDeclaration (Pursuant to CCP Section 377.32); Filed by ELMER R. CASTELLANOS (Plaintiff)

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  • 12/15/2021
  • Docketat 08:30 AM in Department 30, Jill Feeney, Presiding; Order to Show Cause - Settlement (- Unconditional Notice as to Entire Case Filed 10/22/2021) - Held

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  • 12/15/2021
  • DocketMinute Order ( (Order to Show Cause - Settlement - Unconditional Notice as to...)); Filed by Clerk

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61 More Docket Entries
  • 12/26/2018
  • Docket[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by ETHAN JOHN WHITED (Defendant)

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  • 12/27/2017
  • DocketANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL

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  • 12/27/2017
  • DocketCIVIL DEPOSIT

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  • 12/27/2017
  • DocketMiscellaneous-Other; Filed by ETHAN JOHN WHITED (Defendant)

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  • 12/27/2017
  • DocketAnswer; Filed by ETHAN JOHN WHITED (Defendant)

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  • 10/18/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 10/18/2017
  • DocketProof-Service/Summons; Filed by ELMER R. CASTELLANOS (Plaintiff)

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  • 08/16/2017
  • DocketComplaint; Filed by ELMER R. CASTELLANOS (Plaintiff); FRANCISCO PALENCIA (Plaintiff)

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  • 08/16/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 08/16/2017
  • DocketSUMMONS

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Tentative Rulings

Case Number: ****2522    Hearing Date: July 31, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

elmer r. castellanos, et al.,

Plaintiffs,

v.

ethan john whited,

Defendant.

Case No.: ****2522

Hearing Date: July 31, 2020

[TENTATIVE] order RE:

motion for terminating sanctions

Defendant Ethan John Whited (“Defendant”) moves to dismiss the complaint of Plaintiff Elmer R. Castellanos (“Plaintiff”) as a terminating sanction. The court has discretion to impose terminating sanction when a party willfully disobeys a discovery order. (Code Civ. Proc., ;; 2023.010, subd. (g), 2030.290, subd. (c).) The court may impose a terminating sanction by striking a party’s pleading. (Code Civ. Proc., ; 2023.030, subd. (d)(1).)

In its order of November 15, 2019, the Court ordered Plaintiff to serve verified responses to special interrogatories and requests for production of documents that Defendant served on Plaintiff within 60 days of notice of the order. Defendant served Plaintiff with notice of the ruling by mail on November 18, 2019. Plaintiff thus had until January 22, 2020 to serve responses in compliance with this Court’s order. As of the filing date of these motions, Plaintiff has not served responses to the discovery. Plaintiff has thus disobeyed this Court’s order of November 15, 2019. Further, Plaintiff has not opposed the motions, and has waived the right to argue that terminating sanctions are unwarranted. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) The Court has considered the option of lesser sanctions but finds that none would compel Plaintiff’s compliance with this Court’s orders and his discovery obligations. Therefore, the motion is granted. However, the Court concludes that monetary sanctions would be futile, and, in any event, terminating sanctions are sufficient.

CONCLUSION AND ORDER

Defendant’s motion for terminating sanctions is granted. Plaintiff’s complaint against Defendant is dismissed with prejudice. Defendant shall provide notice and file proof of such with the Court.

DATED: July 31, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court



Case Number: ****2522    Hearing Date: June 29, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

elmer r. castellanos, et al.,

Plaintiffs,

v.

ethan john whited,

Defendant.

Case No.: ****2522

Hearing Date: June 29, 2020

[TENTATIVE] order RE:

motion for terminating sanctions

Defendant Ethan John Whited (“Defendant”) moves to dismiss the complaint of Plaintiff Elmer R. Castellanos (“Plaintiff”) as a terminating sanction. The court has discretion to impose terminating sanction when a party willfully disobeys a discovery order. (Code Civ. Proc., ;; 2023.010, subd. (g), 2030.290, subd. (c).) The court may impose a terminating sanction by striking a party’s pleading. (Code Civ. Proc., ; 2023.030, subd. (d)(1).)

In its order of November 15, 2019, the Court ordered Plaintiff to serve verified responses to special interrogatories and requests for production of documents that Defendant served on Plaintiff within 60 days of notice of the order. Defendant served Plaintiff with notice of the ruling by mail on November 18, 2019. Plaintiff thus had until January 22, 2020 to serve responses in compliance with this Court’s order. As of the filing date of these motions, Plaintiff has not served responses to the discovery. Plaintiff has thus disobeyed this Court’s order of November 15, 2019. Further, Plaintiff has not opposed the motions, and has waived the right to argue that terminating sanctions are unwarranted. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) The Court has considered the option of lesser sanctions but finds that none would compel Plaintiff’s compliance with this Court’s orders and his discovery obligations. Therefore, the motion is granted. However, the Court concludes that monetary sanctions would be futile, and, in any event, terminating sanctions are sufficient.

CONCLUSION AND ORDER

Defendant’s motion for terminating sanctions is granted. Plaintiff’s complaint against Defendant is dismissed with prejudice. Defendant shall provide notice and file proof of such with the Court.

DATED: June 29, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court



Case Number: ****2522    Hearing Date: November 15, 2019    Dept: 5

elmer r. castellanos, et al.,

Plaintiffs,

v.

ethan john whited,

Defendant.

Case No.: ****2522

Hearing Date: November 15, 2019

[TENTATIVE] order RE:

MOTION TO BE RELIEVED

TRIAL SETTING CONFERENCE

The Court’s tentative order is to grant Plaintiff’s counsel’s motion to be relieved. The Court’s tentative order is to advance and vacate the current final status conference and trial dates and set the following dates:

Final Status Conference: April 8, 2020, at 10:00 a.m.

Trial Date: April 22, 2020, at 8:30 a.m.

The Court’s tentative order is to set the discovery and motions cut-off based upon the new trial date. Any party who does not appear at the hearing shall waive their right to be heard and shall submit to these tentative orders.

   

ORDER #2 of 2

elmer r. castellanos, et al.,

Plaintiffs,

v.

ethan john whited,

Defendant.

Case No.: ****2522

Hearing Date: November 15, 2019

[TENTATIVE] order RE:

motions to compel discovery responses

Defendant Ethan John Whited (“Defendant”) moves to compel responses from Plaintiff Elmer R. Castellanos (“Plaintiff”) to: (1) Request for Production of Documents, Set Two (“RPD”); and (2) Special Interrogatories, Set Two (“SROG”). The motions are granted.

Defendant served the discovery at issue on Plaintiff by mail on July 17, 2019. Defendant granted Plaintiff multiple extensions of time to respond through September 9, 2019. As of the filing date of these motions, Defendant has not received responses from Plaintiff. Accordingly, the motions to compel responses to the RPD and SROG are granted per Code of Civil Procedure sections 2030.290 and 2031.300. Plaintiff is ordered to serve responses to Defendants’ RPD and SROG, without objections, within 60 days of notice of this order.

Defendants seek sanctions in connection with the motions. The Court concludes that Plaintiff’s failure to respond to the discovery is an abuse of the discovery process. The Court awards sanctions against Plaintiff (but not counsel-of-record) in the amount of $860, which represents four hours of attorney time to prepare the motions and attend the hearing at $185 per hour, plus two filing fees of $60 each.

CONCLUSION AND ORDER

Defendant’s motions to compel responses to the RPD and SROG are granted per Code of Civil Procedure sections 2030.290 and 2031.300. Plaintiff is ordered to serve verified responses, without objections, within sixty (60) days of notice of this order.

Plaintiff shall pay monetary sanctions in the amount of $860 to Defendant, by and through counsel, within sixty (60) days of notice of this order.

Defendant is ordered to provide notice of this order and file proof of service of such.

DATED: November 15, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court



Case Number: ****2522    Hearing Date: November 08, 2019    Dept: 5

Elmer R. Castellanos, et al. v. Ethan John Whited

Case No. ****2522

Motion to be Relieved

The hearing on counsel's motion to be relieved is continued to November 15, 2019, at 1:30 p.m.  Should the Court grant the motion, the Court intends to vacate the final status conference and trial dates and will hold a trial setting conference to select new dates.  Any party who does not appear at the hearing shall waive their right to be heard and shall submit to any final status conference and trial dates the Court selects, as well as any decision the Court makes on the discovery and motions cut-off.



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