This case was last updated from Los Angeles County Superior Courts on 09/19/2020 at 13:46:43 (UTC).

EVALENA GOMEZ VS LOS ANGELES METROPOLITAN TRANSPORTATION AUT

Case Summary

On 04/11/2018 EVALENA GOMEZ filed a Personal Injury - Other Personal Injury lawsuit against LOS ANGELES METROPOLITAN TRANSPORTATION AUT. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are CHRISTOPHER K. LUI and DANIEL M. CROWLEY. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1757

  • Filing Date:

    04/11/2018

  • Case Status:

    Other

  • 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

CHRISTOPHER K. LUI

DANIEL M. CROWLEY

 

Party Details

Plaintiff and Petitioner

GOMEZ EVALENA

Defendants and Respondents

LOS ANGELES COUNTY METROPOLITAN TRANSPORT

DOE BUS DRIVER

DOES 1 TO 100

DRIVER DOE BUS

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

GHERMEZIAN RAYMOND ESQ.

Defendant and Respondent Attorneys

GRAVES & KING LAW OFFICES OF

MARTIN MICHAEL GUY

 

Court Documents

Request for Dismissal

9/8/2020: Request for Dismissal

Request for Refund / Order

9/6/2019: Request for Refund / Order

Request for Dismissal - REQUEST FOR DISMISSAL - NOT ENTERED

6/26/2020: Request for Dismissal - REQUEST FOR DISMISSAL - NOT ENTERED

Notice of Ruling

4/28/2020: Notice of Ruling

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 03/26/2020

3/26/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 03/26/2020

Minute Order - MINUTE ORDER (COURT ORDER)

3/26/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Notice of Settlement

3/26/2020: Notice of Settlement

Notice of Ruling

1/31/2020: Notice of Ruling

Minute Order - MINUTE ORDER (DEFENDANT LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTH...)

1/6/2020: Minute Order - MINUTE ORDER (DEFENDANT LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTH...)

Motion to Continue Trial Date

12/10/2019: Motion to Continue Trial Date

Notice of Posting of Jury Fees

7/18/2019: Notice of Posting of Jury Fees

[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

8/23/2019: [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

ANSWER-PERSONAL INJURY PROPERTY DAMAGE, WRONGFUL DEATH -

5/31/2018: ANSWER-PERSONAL INJURY PROPERTY DAMAGE, WRONGFUL DEATH -

PROOF OF SERVICE SUMMONS -

5/7/2018: PROOF OF SERVICE SUMMONS -

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

4/25/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

SUMMONS -

4/25/2018: SUMMONS -

ORDER ON COURT FEE WAIVER -

4/11/2018: ORDER ON COURT FEE WAIVER -

COMPLAINT FOR DAMAGES AND PERSONAL INJURIES BASED ON: 1. NEGLIGENCE ;ETC

4/11/2018: COMPLAINT FOR DAMAGES AND PERSONAL INJURIES BASED ON: 1. NEGLIGENCE ;ETC

7 More Documents Available

 

Docket Entries

  • 09/08/2020
  • DocketRequest for Dismissal; Filed by Evalena Gomez (Plaintiff)

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  • 06/26/2020
  • DocketRequest for Dismissal (- Not entered (Waived fees of $435 due)); Filed by Evalena Gomez (Plaintiff)

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  • 05/11/2020
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 04/28/2020
  • Docketat 10:00 AM in Department 28, Daniel M. Crowley, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 04/28/2020
  • DocketNotice of Ruling; Filed by Los Angeles County Metropolitan Transportation Authority (Defendant)

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  • 04/10/2020
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court

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  • 04/01/2020
  • Docketat 10:00 AM in Department 28, Daniel M. Crowley, Presiding; Final Status Conference - Not Held - Advanced and Continued - by Court

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  • 03/26/2020
  • Docketat 1:55 PM in Department 28, Daniel M. Crowley, Presiding; Court Order

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  • 03/26/2020
  • DocketNotice of Settlement; Filed by Evalena Gomez (Plaintiff)

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  • 03/26/2020
  • DocketCertificate of Mailing for ((Court Order) of 03/26/2020); Filed by Clerk

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21 More Docket Entries
  • 04/25/2018
  • DocketComplaint; Filed by Evalena Gomez (Plaintiff)

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  • 04/25/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 04/25/2018
  • DocketComplaint ( (1st)); Filed by Evalena Gomez (Plaintiff)

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  • 04/25/2018
  • DocketSummons; Filed by Evalena Gomez (Plaintiff)

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  • 04/11/2018
  • DocketComplaint; Filed by Evalena Gomez (Plaintiff)

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  • 04/11/2018
  • DocketRequest to Waive Court Fees; Filed by Plaintiff/Petitioner

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  • 04/11/2018
  • DocketORDER ON COURT FEE WAIVER

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  • 04/11/2018
  • DocketRequest to Waive Court Fees

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  • 04/11/2018
  • DocketCOMPLAINT FOR DAMAGES AND PERSONAL INJURIES BASED ON: 1. NEGLIGENCE ;ETC

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  • 04/11/2018
  • DocketRequest-Waive Court Fees

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Tentative Rulings

Case Number: BC701757    Hearing Date: January 21, 2020    Dept: 28

Motion to Continue Trial and Related Dates

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On April 11, 2018, Plaintiff Evalena Gomez (“Plaintiff”) filed a complaint against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”).  The complaint alleges negligence, liability for wrongful act or omissions by Defendant, and liability against Defendant for violating duties as a common carrier pursuant to Civil Code sections 2100, 2101, and 2103.

On April 25, 2019, Plaintiff filed a first amended complaint.

On December 10, 2019, Defendant filed a motion to continue trial pursuant to California Rules of Court, rule 3.1332.

On January 6, 2020, the Court continued the hearing on Defendant’s motion to give Plaintiff proper notice to oppose the motion.

Trial is set for April 10, 2020.

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PARTIES REQUEST

Defendant asks the Court to continue trial to May 11, 2020, the final status conference to April 29, 2020, and all discovery cut of dates to relate to the May 11, 2020 trial date.

LEGAL STANDARD

Pursuant to California Rules of Court, rule 3.1332, subdivision (a), “[t]o ensure the prompt disposition of civil cases, the dates assigned for a trial are firm.  All parties and their counsel must regard the date set for trial as certain.”  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) states that “[a]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

Defendant argues there is good cause to continue trial because the parties have agreed to mediate the action on March 5, 2020 and to conduct expert witness discovery if mediation does not resolve the parties’ disputes.  (David Decl., ¶ 6, Motion, p. 2:14-2:17.)  This is sufficient to continue trial and the expert discovery cut-off.  However, there are no facts or arguments presented to the Court showing any other discovery cut-offs should be continued.

CONCLUSION

The motion is GRANTED.

The Court orders trial shall be continued to May 11, 2020 at 8:30 a.m.  The Court also orders the final status conference date shall be continued to April 28, 2020 at 10:00 a.m.  Both hearings are to be held in Department 28 of the Spring Street Courthouse, 312 North Spring Street, Los Angeles, CA 90012.  The expert discovery cut-off date is to relate to the May 11, 2020 trial date. April 10, 2020 hearing date.

Defendant is ordered to give notice of this ruling.

Case Number: BC701757    Hearing Date: January 06, 2020    Dept: 4A

Motion to Continue Trial and Related Dates

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On April 11, 2018, Plaintiff Evalena Gomez (“Plaintiff”) filed a complaint against Defendants Los Angeles County Metropolitan Transportation Authority (“Moving Defendant”).  The complaint alleges negligence, liability for wrongful act or omissions by Moving Defendant, and liability against Moving Defendant for violating duties as a common carrier pursuant to Civil Code sections 2100, 2101, and 2103.

On April 25, 2019, Plaintiff filed a first amended complaint.

On December 10, 2019, Moving Defendant filed a motion to continue trial pursuant to California Rules of Court, rule 3.1332.

Trial is set for February 18, 2020.

PARTIES REQUEST

Moving Defendant asks the Court to continue trial to May 11, 2020, the final status conference to April 29, 2020, and all discovery cut of dates to relate to the May 11, 2020 trial date.

LEGAL STANDARD

California Code of Civil Procedure section 1005, subdivision (b) states, in relevant part, “Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. . . . However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California. . . .

DISCUSSION

The moving papers were filed and served on Plaintiff by U.S. mail on December 10, 2019.  This was fifteen days before the January 6, 2019 hearing.  As such, Defendant has not provided sufficient notice to Plaintiff of the contents of the moving papers.  The Court notes that Defendant has submitted a stipulation to continue trial.  Plaintiff may, nevertheless, argue against the continuance.  As such, Plaintiff must be afforded due process in arguing such.

The Court finds it is in the interest of justice to continue the hearing on this motion to provide Plaintiff an opportunity to oppose the motion.

CONCLUSION

The hearing on this motion is CONTINUED to January 21, 2019 at 1:30 p.m. in Department 4A in Spring Street Courthouse located at 312 North Spring Street, Los Angeles, California 90012.

Plaintiff may file opposing papers up until 11:59 p.m. on January 10, 2020.

Defendant may file reply papers up until 11:59 p.m. on January 14, 2020.

Defendant is ordered to give notice of this ruling.