This case was last updated from Los Angeles County Superior Courts on 09/19/2020 at 01:54:21 (UTC).

ELOYS WATSON VS PEGLION LLC

Case Summary

On 09/01/2017 ELOYS WATSON filed a Personal Injury - Other Personal Injury lawsuit against PEGLION LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are GEORGINA T. RIZK, KRISTIN S. ESCALANTE and MARK A. BORENSTEIN. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4344

  • Filing Date:

    09/01/2017

  • Case Status:

    Disposed - Dismissed

  • 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 Judges

GEORGINA T. RIZK

KRISTIN S. ESCALANTE

MARK A. BORENSTEIN

 

Party Details

Plaintiff and Petitioner

WATSON ELOYS

Defendants and Respondents

PEGLION LLC

DOES 1 TO 20

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

MILLER MILLER MENTHE LLP

ZEESMAN ALEXANDER J. ESQ.

Defendant Attorneys

LONG MICHAEL FRANCIS

LONG MICHAEL FRANCIS ESQ.

JOHNSON THOMAS THOR ESQ.

 

Court Documents

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT)) OF 09/17/2020

9/17/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT)) OF 09/17/2020

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: COVID-19;) OF 04/28/2020

4/28/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: COVID-19;) OF 04/28/2020

Notice of Ruling

1/14/2020: Notice of Ruling

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

1/14/2020: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

Notice of Settlement

11/12/2019: Notice of Settlement

Motion for Terminating Sanctions

10/16/2019: Motion for Terminating Sanctions

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR TERMINATING SANCTIONS AGAINST PLAINTIFF...)

10/8/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR TERMINATING SANCTIONS AGAINST PLAINTIFF...)

Motion for Terminating Sanctions - MOTION FOR TERMINATING SANCTIONS AGAINST PLAINTIFF FOR FAILURE TO OBEY COURT ORDER COMPELLING ATTENDANCE AT DEPOSITION AND FAILURE TO PAY MONETARY SANCTIONS

8/30/2019: Motion for Terminating Sanctions - MOTION FOR TERMINATING SANCTIONS AGAINST PLAINTIFF FOR FAILURE TO OBEY COURT ORDER COMPELLING ATTENDANCE AT DEPOSITION AND FAILURE TO PAY MONETARY SANCTIONS

Request for Judicial Notice - REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT'S MOTION FOR TERMINATING SANCTIONS

8/30/2019: Request for Judicial Notice - REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT'S MOTION FOR TERMINATING SANCTIONS

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL MOTION TO COMPEL PLAINTIFF'S APPE...)

7/22/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL MOTION TO COMPEL PLAINTIFF'S APPE...)

Motion to Compel - MOTION TO COMPEL NOTICE OF RESCHEDULED NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF'S DEPOSITION

6/19/2019: Motion to Compel - MOTION TO COMPEL NOTICE OF RESCHEDULED NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF'S DEPOSITION

Motion to Compel - MOTION TO COMPEL NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF'S APPEARANCE AT DEPOSITION

5/28/2019: Motion to Compel - MOTION TO COMPEL NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF'S APPEARANCE AT DEPOSITION

Minute Order - Minute Order (Plaintiff's Ex-Parte Application to Continue Trial;)

1/8/2019: Minute Order - Minute Order (Plaintiff's Ex-Parte Application to Continue Trial;)

Substitution of Attorney

1/23/2019: Substitution of Attorney

DEFENDANT'S ANSWER TO PLAINTIFF'S UNVERIFIED COMPLAINT

10/20/2017: DEFENDANT'S ANSWER TO PLAINTIFF'S UNVERIFIED COMPLAINT

NOTICE OF POSTING JURY FEES

10/20/2017: NOTICE OF POSTING JURY FEES

DEMAND FOR JURY TRIAL

10/20/2017: DEMAND FOR JURY TRIAL

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

9/1/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

32 More Documents Available

 

Docket Entries

  • 09/17/2020
  • Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Held

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  • 09/17/2020
  • DocketOrder - Dismissal; Filed by Clerk

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  • 09/17/2020
  • DocketMinute Order ( (Order to Show Cause Re: Dismissal (Settlement))); Filed by Clerk

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  • 09/17/2020
  • DocketCertificate of Mailing for ((Order to Show Cause Re: Dismissal (Settlement)) of 09/17/2020); Filed by Clerk

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  • 09/01/2020
  • Docketat 08:30 AM in Department 2, Mark A. Borenstein, Presiding; Order to Show Cause Re: Dismissal - Not Held - Advanced and Vacated

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  • 06/17/2020
  • Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Advanced and Continued - by Court

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  • 04/28/2020
  • Docketat 1:30 PM in Department 29, Kristin S. Escalante, Presiding; Court Order

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  • 04/28/2020
  • DocketCertificate of Mailing for ((Court Order Re: COVID-19;) of 04/28/2020); Filed by Clerk

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  • 04/28/2020
  • DocketMinute Order ( (Court Order Re: COVID-19;)); Filed by Clerk

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  • 03/16/2020
  • Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Held - Continued

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51 More Docket Entries
  • 10/20/2017
  • DocketDEFENDANT'S ANSWER TO PLAINTIFF'S UNVERIFIED COMPLAINT

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  • 10/20/2017
  • DocketDemand for Jury Trial; Filed by Defendant/Respondent

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  • 10/20/2017
  • DocketAnswer; Filed by Defendant/Respondent

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  • 10/20/2017
  • DocketMiscellaneous-Other; Filed by Defendant/Respondent

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  • 10/20/2017
  • DocketDEMAND FOR JURY TRIAL

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  • 10/11/2017
  • DocketProof-Service/Summons; Filed by Eloys Watson (Plaintiff)

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  • 10/11/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 09/01/2017
  • DocketComplaint; Filed by Eloys Watson (Plaintiff)

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  • 09/01/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 09/01/2017
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC674344    Hearing Date: November 12, 2019    Dept: 2

Eloys Watson v. Peglion LLC

Defendant’s Motion for Order for Terminating Sanctions Against Plaintiff Eloys Watson for Failure to Obey Court Order Compelling Attendance at Deposition, filed on 10/16/19 is GRANTED. The entire action is DISMISSED.

This action arises from an alleged trip and fall incident that occurred in September 5, 2015, outside of Defendant’s restaurant.

On December 11, 2018, Defendant noticed the deposition of Plaintiff for January 2, 2019. Plaintiff objected to the date, and the deposition was rescheduled for March 12, 2019. A new deposition notice was properly served. Plaintiff did not object to the March 12, 2019 date. On the day before the deposition, counsel called Plaintiff (who is pro per) and left a message reminding her of the deposition the next day, but Plaintiff failed to appear. Approximately a half-hour after the scheduled start time, Defendant’s counsel again called Plaintiff and she informed counsel that she would not appear.

Defendant moved to compel her deposition, and a hearing was held on July 22, 2029. The Court granted the motion to compel, and ordered Plaintiff to appear on August 23, 2019 at 10:00 a.m. at the noticed location. Plaintiff again failed to appear despite the Court’s order.

Defendant moved for terminating sanctions and a hearing was held on the motion on October 8, 2019. Plaintiff was present. The Court denied the motion for terminating sanctions, giving Plaintiff “one final opportunity” to comply with the Court’s July 22, 2019 order. Plaintiff was ordered to appear on a date and time of Defendant’s choosing within the next 14 days at a location selected by Defendant within 75 miles of Plaintiff’s home in Los Angeles.

Defendant scheduled the deposition for October 15, 2019 in accordance with the Court’s order. The day before the deposition, Plaintiff informed Defendant that she would not appear for the deposition. She did not appear, and Defendant took her non-appearance.

In the present motion, Defendant seeks terminating sanctions for Plaintiff’s repeated violation of the Court’s order. Plaintiff has not opposed this motion and provides no excuse for her failure to appear.

The Court finds that Plaintiff has willfully violated the Court’s orders. The failure to comply with the court’s order is discovery abuse for which terminating sanctions are warranted. Cal Code Civil Procedure § 2023.010(g). Here, there has been an outright refusal by Plaintiff to to comply with her discovery obligations. Deyo v. Kilbourne (1978) 84 Cal. App. 3d 771, 793. The Court grants the motion.

Moving party is ordered to give notice.