This case was last updated from Los Angeles County Superior Courts on 08/27/2021 at 19:47:00 (UTC).

FILIPINAS CABA, AN INDIVIDUAL VS RALPHS GROCERY COMPANY, AN OHIO CORPORATION, INDIVIDUALLY AND DOING BUSINESS IN CALIFORNIA AS RALPHS, ET AL.

Case Summary

On 06/25/2019 FILIPINAS CABA, AN INDIVIDUAL filed a Personal Injury - Other Personal Injury lawsuit against RALPHS GROCERY COMPANY, AN OHIO CORPORATION, INDIVIDUALLY AND DOING BUSINESS IN CALIFORNIA AS RALPHS. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is EDWARD B. MORETON. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2198

  • Filing Date:

    06/25/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

EDWARD B. MORETON

 

Party Details

Plaintiff

CABA AN INDIVIDUAL FILIPINAS

Defendants

THE KROGER CO. AN OHIO CORPORATION

LINCOLN CENTER LLC. A CALIFORNIA LIMITED LIABILITY COMPANY

RALPHS GROCERY COMPANY AN OHIO CORPORATION INDIVIDUALLY AND DOING BUSINESS IN CALIFORNIA AS RALPHS

Attorney/Law Firm Details

Plaintiff Attorneys

ZUCKERMAN PAUL S. ESQ.

ZUCKERMAN PAUL S.

Defendant Attorneys

STONE GREGORY E.

SMITH HOWARD

SMITH HOWARD J.

 

Court Documents

[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

4/26/2021: [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

Motion to Compel - MOTION TO COMPEL NOTICE OF MOTION AND MOTION OF DEFENDANT LINCOLN CENTER, LLC TO COMPEL PLAINTIFF FILIPINAS CABA TO APPEAR FOR A PHYSICAL EXAMINATION ON A DATE CERTAIN; REQUEST FOR

3/5/2021: Motion to Compel - MOTION TO COMPEL NOTICE OF MOTION AND MOTION OF DEFENDANT LINCOLN CENTER, LLC TO COMPEL PLAINTIFF FILIPINAS CABA TO APPEAR FOR A PHYSICAL EXAMINATION ON A DATE CERTAIN; REQUEST FOR

Notice - NOTICE NOTICE THAT THE INFORMAL DISCOVERY CONFERENCE HAS BEEN TAKEN OFF-CALENDAR

3/9/2021: Notice - NOTICE NOTICE THAT THE INFORMAL DISCOVERY CONFERENCE HAS BEEN TAKEN OFF-CALENDAR

Notice - NOTICE NOTICE OF CONTINUANCE OF THE HEARING ON MOTION OF DEFENDANT LINCOLN CENTER, LLC TO COMPEL PLAINTIFF FILIPINAS CABA TO APPEAR FOR A PHYSICAL EXAMINATION ON A DATE CERTAIN; REQUEST FOR

3/9/2021: Notice - NOTICE NOTICE OF CONTINUANCE OF THE HEARING ON MOTION OF DEFENDANT LINCOLN CENTER, LLC TO COMPEL PLAINTIFF FILIPINAS CABA TO APPEAR FOR A PHYSICAL EXAMINATION ON A DATE CERTAIN; REQUEST FOR

Notice - NOTICE THAT HEARING ON MOTION OF DEFENDANT LINCOLN CENTER, LLC TO COMPEL PLAINTIFF FILIPINAS CABA TO APPEAR FOR A PHYSICAL EXAMINATION ON A DATE CERTAIN; REQUEST FOR MONETARY SANCTIONS IN TH

3/25/2021: Notice - NOTICE THAT HEARING ON MOTION OF DEFENDANT LINCOLN CENTER, LLC TO COMPEL PLAINTIFF FILIPINAS CABA TO APPEAR FOR A PHYSICAL EXAMINATION ON A DATE CERTAIN; REQUEST FOR MONETARY SANCTIONS IN TH

Informal Discovery Conference Form for Personal Injury Courts

3/13/2020: Informal Discovery Conference Form for Personal Injury Courts

Informal Discovery Conference Form for Personal Injury Courts

4/8/2020: Informal Discovery Conference Form for Personal Injury Courts

Motion to Compel Further Discovery Responses

4/17/2020: Motion to Compel Further Discovery Responses

Separate Statement

4/17/2020: Separate Statement

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: COVID-19) OF 04/29/2020

4/29/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: COVID-19) OF 04/29/2020

Minute Order - MINUTE ORDER (COURT ORDER RE: COVID-19)

4/29/2020: Minute Order - MINUTE ORDER (COURT ORDER RE: COVID-19)

Notice of Continuance - NOTICE NOTICE OF CONTINUANCE OF INFORMAL DISCOVERY CONFERENCE

5/5/2020: Notice of Continuance - NOTICE NOTICE OF CONTINUANCE OF INFORMAL DISCOVERY CONFERENCE

Informal Discovery Conference Form for Personal Injury Courts

6/8/2020: Informal Discovery Conference Form for Personal Injury Courts

Opposition - OPPOSITION TO MOTION TO COMPEL

6/23/2020: Opposition - OPPOSITION TO MOTION TO COMPEL

Reply - REPLY REPLY OF DEFENDANT LINCOLN CENTER, LLC TO OPPOSITION OF PLAINTIFF FILIPINAS CABA TO MOTION TO COMPEL PLAINTIFF TO SERVE FURTHER RESPONSES AND PRODUCE DOCUMENTS TO DEFENDANTS FIRST SET O

6/29/2020: Reply - REPLY REPLY OF DEFENDANT LINCOLN CENTER, LLC TO OPPOSITION OF PLAINTIFF FILIPINAS CABA TO MOTION TO COMPEL PLAINTIFF TO SERVE FURTHER RESPONSES AND PRODUCE DOCUMENTS TO DEFENDANTS FIRST SET O

Minute Order - MINUTE ORDER (INFORMAL DISCOVERY CONFERENCE (IDC))

6/30/2020: Minute Order - MINUTE ORDER (INFORMAL DISCOVERY CONFERENCE (IDC))

Notice - NOTICE OF OUTCOME OF INFORMAL DISCOVERY CONFERENCE

7/2/2020: Notice - NOTICE OF OUTCOME OF INFORMAL DISCOVERY CONFERENCE

Notice - NOTICE NOTICE OF RULING RE: MOTION OF DEFENDANT LINCOLN CENTER, LLC TO COMPEL PLAINTIFF FILIPINAS CABA TO SERVE FURTHER RESPONSES AND PRODUCE DOCUMENTS AS TO DEFENDANTS FIRST SET OF REQUEST

7/7/2020: Notice - NOTICE NOTICE OF RULING RE: MOTION OF DEFENDANT LINCOLN CENTER, LLC TO COMPEL PLAINTIFF FILIPINAS CABA TO SERVE FURTHER RESPONSES AND PRODUCE DOCUMENTS AS TO DEFENDANTS FIRST SET OF REQUEST

26 More Documents Available

 

Docket Entries

  • 06/21/2022
  • Hearing06/21/2022 at 08:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 04/27/2022
  • Hearing04/27/2022 at 08:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 04/13/2022
  • Hearing04/13/2022 at 10:00 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 06/18/2021
  • Docketat 08:30 AM in Department 27; Non-Jury Trial - Not Held - Continued - Stipulation

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  • 06/04/2021
  • Docketat 10:00 AM in Department 27; Final Status Conference - Not Held - Continued - Stipulation

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  • 05/13/2021
  • Docketat 1:30 PM in Department 27; Hearing on Motion for Summary Judgment - Not Held - Rescheduled by Party

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  • 04/26/2021
  • Docket[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Lincoln Center, LLC., a California Limited Liability Company (Defendant)

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  • 04/07/2021
  • Docketat 1:30 PM in Department 27; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Rescheduled by Party

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  • 04/01/2021
  • Docketat 08:30 AM in Department 27; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Rescheduled by Court

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  • 03/25/2021
  • DocketNotice (THAT HEARING ON MOTION OF DEFENDANT LINCOLN CENTER, LLC TO COMPEL PLAINTIFF FILIPINAS CABA TO APPEAR FOR A PHYSICAL EXAMINATION ON A DATE CERTAIN; REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $1,500 AGAINST PLAINTIFF AND HER COUNSEL OF RECORD); Filed by Lincoln Center, LLC., a California Limited Liability Company (Defendant)

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43 More Docket Entries
  • 07/30/2019
  • DocketAnswer (Defendant Alpha Beta Company DBA Ralph's Answer To Plaintiff's Unverified Complaint; Demand For Jury Trial); Filed by Alpha Beta Company dba Ralphs Erroneously Sued As Ralphs Grocery Company, an Ohio Corporation, individually and doing business in California as Ralphs (Defendant)

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  • 07/15/2019
  • DocketProof of Personal Service; Filed by Filipinas Caba, an Individual (Plaintiff)

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  • 07/15/2019
  • DocketProof of Personal Service; Filed by Filipinas Caba, an Individual (Plaintiff)

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  • 07/12/2019
  • DocketProof of Personal Service; Filed by Filipinas Caba, an Individual (Plaintiff)

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  • 06/27/2019
  • DocketPI General Order; Filed by Clerk

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  • 06/27/2019
  • DocketCertificate of Mailing for ([PI General Order]); Filed by Clerk

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  • 06/25/2019
  • DocketSummons (on Complaint); Filed by Filipinas Caba, an Individual (Plaintiff)

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  • 06/25/2019
  • DocketCivil Case Cover Sheet; Filed by Filipinas Caba, an Individual (Plaintiff)

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  • 06/25/2019
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 06/25/2019
  • DocketComplaint; Filed by Filipinas Caba, an Individual (Plaintiff)

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Tentative Rulings

Case Number: 19STCV22198    Hearing Date: October 09, 2020    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

K.S., a minor, et al.,

Plaintiffs,

vs.

JEWISH FEDERATION OF GREATER LONG BEACH AND WEST ORANGE COUNTY,

Defendants.

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CASE NO.: BC710315

[TENTATIVE] ORDER RE: PETITION TO APPROVE MINOR’S COMPROMISE

Dept. 27

1:30 p.m.

October 9, 2020

Claimant Kingston Stokley (“Claimant”), a minor, by and through his Guardian Ad Litem, Danielle Ducharme (“Petitioner”), has agreed to settle his claims against Defendant Jewish Federation of Greater Long Beach in exchange for $80,000.00. If approved, $1,398.89 will be used for medical expenses, $26,664.00 will be used for attorney’s fees, and $6,481.78 will be used for non-medical expenses, leaving a balance of $45,455.33 for Claimant, to be invested into a single-premium deferred annuity with Metropolitan Tower Life Insurance Company.

Court approval is required for all settlements of a minor’s claim. (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.) The Court has reviewed the proposed settlement and finds that it is fair and reasonable. Further, the requested attorney’s fees, which amounts to approximately 33% of the total settlement, is fair and reasonable. However, Item 13b is checked, indicating that medical expenses were paid by Medicare. There is no evidence that Medicare paid for any medical expenses. Rather, it appears that these expenses were paid for Medi-Cal. If this is the case, then Item 13b(4) needs to filled out.

The unopposed Petition to approve minor’s compromise 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 SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.

Dated this 9th day of October 2020

Hon. Edward B. Moreton, Jr.

Judge of the Superior Court

Case Number: 19STCV22198    Hearing Date: October 07, 2020    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

FILIPINAS CABA,

Plaintiff(s),

vs.

RALPHS GROCERY COMPANY, et al.,

Defendant(s).

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.: 19STCV22198

[TENTATIVE] ORDER RE: DEFENDANT LINCOLN CENTER, LLC’S MOTION TO CONTINUE TRIAL

Dept. 27

1:30 p.m.

October 7, 2020

This action was filed on June 26, 2019.  A non-jury trial in this action is scheduled for December 22, 2020.  Defendant Lincoln Center LLC seeks a 120-day trial continuanceFirst, Defendant contends good cause exists for a continuance because it should have its summary judgment/adjudication motion heard.  However, due to the COVID-10 pandemic, Defendant states it was unable to reserve a hearing date for its summary judgment motion through Court Reservation System until July 13, 2020; by then, the first available date was December 21, 2020.  Defendant also contends a trial continuance is necessary because Plaintiff Filipinas Caba failed to appear for her independent medical examination on September 3, 2020, which was noticed on July 17, 2020Defendant filed this Motion on September 8, 2020.  It is the first request for a continuance.  

A party seeking a continuance of the date set for trial must make the request for a continuance by a noticed motion or an ex parte application as soon as reasonably practical once the necessity for the continuance is discovered.  (Cal. Rules of Court, Rule 3.1332(b).)  The request for continuance may be granted on an affirmative showing of good cause.  (Cal. Rules of Court, Rule 3.1332.)

In opposition, Plaintiff contends Defendant should not be granted a continuance because it should have conducted discovery and brought its summary judgment motion earlier Plaintiff also requests the Court continue the trial for only as long as it takes for Defendant to conduct the IME.  Plaintiff does not explain why she failed to appear for her September 3, 2020 IME.  

Defendant states on reply that Plaintiff’s argument regarding an earlier summary judgment motion would require it to complete discovery by November 2019, which is an absurd proposition considering the discovery cut-off for this case is November 20, 2020.  

Based on the foregoing, the Court finds good cause exists to grant a trial continuance.  Accordingly, Defendant’s Motion is GRANTED.  Trial is continued from December 22, 2020 to April 21, 2021.  The Final Status Conference is continued from December 8, 2020 to April 7, 2021.  All discovery and motion cut-off deadlines are to based on the new trial date.  

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  

Dated this 7th day of October 2020

Hon. Edward B. Moreton, Jr.

Judge of the Superior Court

Case Number: 19STCV22198    Hearing Date: July 07, 2020    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

FILIPINAS CABA,

Plaintiff(s),

vs.

RALPHS GROCERY COMPANY, et al.,

Defendant(s).

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.: 19STCV22198

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO COMPEL FURTHER RESPONSE

Dept. 27

1:30 p.m.

July 7, 2020

On June 25, 2019, Filipinas Caba (“Plaintiff”) filed this action against defendant Ralphs Grocery Company, The Kroger Company, and Lincoln Center, LLC (“Defendant”).  Defendant propounded Requests for Production seeking Plaintiff’s medical records relating to various body parts she claims were injured.  Plaintiff stated that these records were not in her possession, custody, or control and stated that documents would be within the possession, custody, or control of the medical providers.  Defendant seeks to compel a further response to Requests for Production 1 through 4, which request production of records of treatment for the past twelve years from: (1) FEU Hospital, (2) St. Luke’s Medical Center, (3) AC Sacred Heart Medical Center, and (4) The Medical City.   These four providers are located in the Philippines.  

Plaintiff does not dispute that these records are relevant to her case.  However, she argues that she has already provided Code-compliant responses.  California Code of Civil Procedure section 2031.230 states, in part, that where a party cannot comply with a demand for inspection, they must state that a diligent search and reasonable inquiry has been made in an effort to comply with that demand.  This statement shall also specify that the inability to comply is because the item demanded has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody, or control of the responding party. Plaintiff’s responses to RFP Nos. 1-4 consist of objections and a response stating that “After a reasonable search and diligent inquiry, Plaintiff does not have in her possession, custody, or control the documents responsive to this request.  Such documents, if any, should be in the possession, custody and control of . . . .”

Defendant appears to take issue with the veracity of this statement, as defense counsel insists that such medical records are allegedly within Plaintiff’s possession, custody and control because she can authorize their release In opposition, Plaintiff declares that she has already tried to request records but was not able to retrieve them from the various medical facilities.  (Caba Decl., ¶¶ 2-7.)  She attests that either the facilities cannot find the medical records¶ 2, 6),  the facilities are refusing to produce documents due to outstanding medical bills (¶¶ 4, 5, 7).  

The Court finds that a diligent search and reasonable inquiry has been made to obtain the documents.  These medical records are not within Plaintiff’s possession, custody, or control because they will not be released by the medical facilities until she pays her outstanding medical bills. Defendant does not address this issue.  Court does not see how these documents are within Plaintiff’s possession, custody or control.  

As for whether Plaintiff’s discovery responses are Code-compliant, the responses inappropriately fail to confirm whether any documents exist by stating “Such records, if any, exist . . . ” This caveat is inappropriate.  Plaintiff must either confirm or deny that documents are, were never, or is no longer in her possession, custody or control. 

Accordingly, the Motion to compel a further response is GRANTED insofar that Plaintiff is ordered to provide Code-compliant responses within 20 days of the date of this Order and affirm whether the documents were never or is no longer in her possession, custody or control per Code of Civil Procedure section 2031.220-2031.230. However, the Court does not find it possible to compel Plaintiff to produce documents that are not within her possession, custody or control; to that extent, the Motion is DENIED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  

Dated this 7th day of July 2020

Hon. Edward B. Moreton, Jr. 

Judge of the Superior Court

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