This case was last updated from Los Angeles County Superior Courts on 09/29/2020 at 06:03:55 (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, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN I. GOORVITCH. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2522

  • Filing Date:

    08/16/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

STEPHEN I. GOORVITCH

 

Party Details

Plaintiffs and Petitioners

CASTELLANOS ELMER R.

PALENCIA FRANCISCO

Defendants and Respondents

WHITED ETHAN JOHN

DOES 1 TO 25

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

ZEYTUNTSYAN ANDREW ESQ.

ZEYTUNTSYAN ANDRANIK ANDREW ESQ.

GARCIA KEVIN

Defendant and Respondent Attorneys

SHAVER KORFF & CASTRONOVO LAW O/O

KORFF EVE HELENE

 

Court Documents

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

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

Minute Order - MINUTE ORDER (NUNC PRO TUNC ORDER)

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

Notice - NOTICE NOTICE OF CONTINUANCE OF MOTION FOR TERMINATING SANCTIONS

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

Minute Order - MINUTE ORDER (COURT ORDER)

4/15/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: MAY 07, 2020) OF 04/01/2020

4/1/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: MAY 07, 2020) OF 04/01/2020

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER: MOTION FOR TERMINATING SANCTIONS) OF 03/17/2020

3/17/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER: MOTION FOR TERMINATING SANCTIONS) OF 03/17/2020

Minute Order - MINUTE ORDER (COURT ORDER: MOTION FOR TERMINATING SANCTIONS)

3/17/2020: Minute Order - MINUTE ORDER (COURT ORDER: MOTION FOR TERMINATING SANCTIONS)

Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel

2/27/2020: Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel

Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

11/15/2019: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DISCOVERY (NOT "FURTHER DISCOVERY...)

11/15/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DISCOVERY (NOT "FURTHER DISCOVERY...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER: MOTION TO BE RELIEVED AS COUNSEL) OF 11/06/2019

11/6/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER: MOTION TO BE RELIEVED AS COUNSEL) OF 11/06/2019

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

10/10/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Motion to Be Relieved as Counsel

10/16/2019: Motion to Be Relieved as Counsel

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

10/10/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Notice of Ruling

8/2/2019: Notice of Ruling

Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL, FSC, AND ALL TRIAL RELATED DISCOVERY AND EXPERT CUTOFF DATES

7/17/2019: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL, FSC, AND ALL TRIAL RELATED DISCOVERY AND EXPERT CUTOFF DATES

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Perso

12/26/2018: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Perso

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

8/16/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

16 More Documents Available

 

Docket Entries

  • 03/29/2021
  • Hearing03/29/2021 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 03/16/2021
  • Hearing03/16/2021 at 10:00 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 08/26/2020
  • DocketRETURNED MAIL ((Minutes of 04-01-20)); Filed by Clerk

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  • 08/17/2020
  • Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; (OSC RE Dismissal) - Not Held - Vacated by Court

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  • 07/31/2020
  • Docketat 1:30 PM in Department 32, Stephen I. Goorvitch, Presiding; Hearing on Motion for Terminating Sanctions - Not Held - Taken Off Calendar by Party

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  • 06/29/2020
  • Docketat 1:30 PM in Department 32, Stephen I. Goorvitch, Presiding; Hearing on Motion for Terminating Sanctions - Not Held - Continued - Party's Motion

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  • 06/25/2020
  • Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; Trial Setting Conference - Held

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  • 06/25/2020
  • Docketat 1:37 PM in Department 32, Stephen I. Goorvitch, Presiding; Nunc Pro Tunc Order

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  • 06/25/2020
  • DocketMinute Order ( (Trial Setting Conference)); Filed by Clerk

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  • 06/25/2020
  • DocketMinute Order ( (Nunc Pro Tunc Order)); Filed by Clerk

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42 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
  • DocketAnswer; Filed by ETHAN JOHN WHITED (Defendant)

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

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

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  • 08/16/2017
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC672522    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.: BC672522

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: BC672522    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.: BC672522

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: BC672522    Hearing Date: November 15, 2019    Dept: 5

elmer r. castellanos, et al.,

Plaintiffs,

v.

ethan john whited,

Defendant.

Case No.: BC672522

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.: BC672522

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: BC672522    Hearing Date: November 08, 2019    Dept: 5

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

Case No. BC672522

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.