This case was last updated from Los Angeles County Superior Courts on 06/28/2019 at 01:13:59 (UTC).

ERIKA MARRON VS UNIVERSAL CITY STUDIOS LLC

Case Summary

On 01/29/2018 a Personal Injury - Motor Vehicle case was filed by ERIKA MARRON against UNIVERSAL CITY STUDIOS LLC 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:

    ****1654

  • Filing Date:

    01/29/2018

  • 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

LAURA A. SEIGLE

 

Party Details

Petitioner and Plaintiff

MARRON ERIKA

Respondents and Defendants

UNIVERSAL CITY STUDIOS LLC

DOES 1 TO 200

 

Court Documents

Motion to Compel

2/26/2019: Motion to Compel

Reply

5/14/2019: Reply

Motion to Compel

5/15/2019: Motion to Compel

Opposition

5/16/2019: Opposition

Notice

5/28/2019: Notice

Notice

5/28/2019: Notice

Minute Order

5/29/2019: Minute Order

Ex Parte Application

5/29/2019: Ex Parte Application

Minute Order

5/31/2019: Minute Order

Ex Parte Application

5/31/2019: Ex Parte Application

Opposition

5/31/2019: Opposition

STIPULATION AND ORDER RE: CONFIDENTIAL INFORMATION PURSUANT TO CRC RULE 2.550, ET SEQ.

7/16/2018: STIPULATION AND ORDER RE: CONFIDENTIAL INFORMATION PURSUANT TO CRC RULE 2.550, ET SEQ.

DEFENDANT UNIVERSAL CITY STUDIOS LLC'S NOTICE OF MOTION AND MOTION FOR A PROTECTIVE ORDER TO APPROVE CONFIDENTIALITY AGREEMENT; DECLARATION OF HERNAN L. LACUESTA, ESQ.

6/29/2018: DEFENDANT UNIVERSAL CITY STUDIOS LLC'S NOTICE OF MOTION AND MOTION FOR A PROTECTIVE ORDER TO APPROVE CONFIDENTIALITY AGREEMENT; DECLARATION OF HERNAN L. LACUESTA, ESQ.

NOTICE THAT DEFENDANTS MOTION FOR A PROTECTIVE ORDER TO APPROVE CONFIDENTIALITY AGREEMENT IS OFF CALENDAR

7/19/2018: NOTICE THAT DEFENDANTS MOTION FOR A PROTECTIVE ORDER TO APPROVE CONFIDENTIALITY AGREEMENT IS OFF CALENDAR

NOTICE OF ENTRY OF ORDER RE PROTECTIVE ORDER

7/19/2018: NOTICE OF ENTRY OF ORDER RE PROTECTIVE ORDER

DEFENDANT UNIVERSAL CITY STUDIOS LLC'S ANSWER TO PLAINTIFF ERIKA MARRON'S COMPLAINT

3/7/2018: DEFENDANT UNIVERSAL CITY STUDIOS LLC'S ANSWER TO PLAINTIFF ERIKA MARRON'S COMPLAINT

SUMMONS

1/29/2018: SUMMONS

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

1/29/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

7 More Documents Available

 

Docket Entries

  • 05/31/2019
  • at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Hearing on Ex Parte Application (for an Order Continuing Trial) - Held - Motion Granted

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  • 05/31/2019
  • Minute Order ( (Hearing on Ex Parte Application for an Order Continuing Trial)); Filed by Clerk

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  • 05/31/2019
  • Opposition (to Ex Parte); Filed by Erika Marron (Plaintiff)

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  • 05/31/2019
  • Ex Parte Application (for an Order Continuing Trial); Filed by Universal City Studios LLC (Defendant)

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  • 05/29/2019
  • at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Hearing on Ex Parte Application (for an order shortening time and/or advancing its motion to compel plaintiff's medical examination) - Held - Motion Denied

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  • 05/29/2019
  • Ex Parte Application (for an order shortening time and or advancing its motion to compel plaintiffs medical examination); Filed by Universal City Studios LLC (Defendant)

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  • 05/29/2019
  • Minute Order ( (Hearing on Ex Parte Application for an order shortening time ...)); Filed by Clerk

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  • 05/28/2019
  • Notice (of Entry of Order); Filed by Universal City Studios LLC (Defendant)

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  • 05/28/2019
  • Notice (of Association of Co-Counsel of Record); Filed by Erika Marron (Plaintiff)

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  • 05/21/2019
  • at 1:30 PM in Department 4B, Laura A. Seigle, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") - Held - Motion Granted

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8 More Docket Entries
  • 07/19/2018
  • Notice; Filed by Universal City Studios LLC (Defendant)

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  • 07/16/2018
  • STIPULATION AND ORDER RE: CONFIDENTIAL INFORMATION PURSUANT TO CRC RULE 2.550, ET SEQ.

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  • 06/29/2018
  • DEFENDANT UNIVERSAL CITY STUDIOS LLC'S NOTICE OF MOTION AND MOTION FOR A PROTECTIVE ORDER TO APPROVE CONFIDENTIALITY AGREEMENT; DECLARATION OF HERNAN L. LACUESTA, ESQ.

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  • 06/29/2018
  • Motion for an Order; Filed by Universal City Studios LLC (Defendant)

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  • 06/16/2018
  • Stipulation and Order; Filed by Universal City Studios LLC (Defendant)

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  • 03/07/2018
  • Answer; Filed by Universal City Studios LLC (Defendant)

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  • 03/07/2018
  • DEFENDANT UNIVERSAL CITY STUDIOS LLC'S ANSWER TO PLAINTIFF ERIKA MARRON'S COMPLAINT

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  • 01/29/2018
  • Complaint; Filed by Erika Marron (Plaintiff)

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  • 01/29/2018
  • SUMMONS

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  • 01/29/2018
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC691654    Hearing Date: November 06, 2019    Dept: 4B

[TENTATIVE] ORDER RE: MOTION FOR TERMINATING SANCTIONS

On January 29, 2018, plaintiff Erika Marron (“Plaintiff”) filed this action against defendant Universal City Studios, LLC (“Defendant”) claiming a Universal employee pushing a retail cart struck her left foot as she was sitting on a bench while at Universal Studios Hollywood. Defendant moves for terminating sanctions on the grounds that Plaintiff has failed to appear for two properly-noticed medical examinations, one of which was court ordered, and did not provide discovery responses.

The Court may impose a terminating sanction against anyone engaging in conduct that is a misuse of the discovery process. (Code Civ. Proc., § 2023.030, subd. (d).) Misuse of the discovery process includes failure to respond to an authorized method of discovery or disobeying a court order to provide discovery. (Code Civ. Proc., § 2023.010, subds. (d), (g).) A terminating sanction may be imposed by an order dismissing part or all of the action. (Code Civ. Proc., § 2023.030, subd. (d)(3).)

The court should consider the totality of the circumstances, including conduct of the party to determine if the actions were willful, the determent to the propounding party, and the number of formal and informal attempts to obtain discovery. (Lang v. Hochman (2000) 77 Cal.App.4th 1225, 1246.) If a lesser sanction fails to curb abuse, a greater sanction is warranted. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) However, “the unsuccessful imposition of a lesser sanction is not an absolute prerequisite to the utilization of the ultimate sanction.” (Deyo v. Killbourne (1978) 84 Cal.App.3d 771, 787.) Terminating sanctions should not be ordered lightly, but are justified where a violation is willful, preceded by a history of abuse, and there is evidence that less severe sanctions would not produce compliance with the discovery rules. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 992.)

Before any sanctions may be imposed the court must make an express finding that there has been a willful failure of the party to serve the required answers. (Fairfield v. Superior Court for Los Angeles County (1966) 246 Cal.App.2d 113, 118.) Lack of diligence may be deemed willful where the party understood its obligation, had the ability to comply, and failed to comply. (Deyo, supra, 84 Cal.App.3d at p. 787; Fred Howland Co. v. Superior Court of Los Angeles County (1966) 244 Cal.App.2d 605, 610-611.) The party who failed to comply with discovery obligations has the burden of showing that the failure was not willful. (Deyo, supra, 84 Cal.App.3d at p. 788; Cornwall v. Santa Monica Dairy Co. (1977) 66 Cal.App.3d 250; Evid. Code, §§ 500, 605.)

Plaintiff filed no opposition to this Motion and did not appear for an independent medical examination after ordered to appear. Plaintiff had notice of the court order because Defendant served a Notice of Ruling on Plaintiff’s counsel. Therefore, the Court concludes Plaintiff knew of her discovery obligations and knew of the order compelling compliance. Given Plaintiff’s failure to comply with discovery obligations, non-appear for a medical examination, and apparent disinterest in prosecuting this action, the Court finds the failure to comply was willful and lesser sanctions would not curb the abuse.

Accordingly, Defendant’s Motion for terminating sanctions is GRANTED and Plaintiff’s action is hereby dismissed. As the Court is granting terminating sanctions it declines to also impose monetary sanctions.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.

Case Number: BC691654    Hearing Date: November 01, 2019    Dept: 4B

[TENTATIVE] ORDER RE: MOTION TO BE RELIEVED AS COUNSEL

William Romaine and Zishan Lokhandwala of Romaine Lokhandwala Law Group, LLP seek to be relieved as counsel for plaintiff Erika Marron (“Plaintiff”), citing a failure to cooperate with discovery and verbal exchanges with Plaintiff in which Plaintiff expressed her desire to disengage counsel. Absent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted. (People v. Prince (1968) 268 Cal.App.2d 398, 406.)

A notice of motion and motion to be relieved as counsel must be made on mandatory form MC-051. (Cal. Rules of Court, Rule 3.1362(a).) The motion must be accompanied by a declaration made on mandatory form MC-052 and a proposed order made on mandatory form MC-053. (Cal. Rules of Court, Rule 3.1362(c), (e).) All forms must be served on the client and all parties who have appeared in the action. (Cal. Rules of Court, Rule 3.1362(d).) This motion lacks the declaration and proposed order. There is no proof of service showing that the required documents were served on defendant Universal Studios, LLC. Accordingly, this Motion to be relieved is DENIED without prejudice.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Department 4B will be dark on November 1, 2019. A party requesting argument should contact Department 4B for an alternate hearing date.