HENRY GONZALEZ VS CARMEN BOGGIANO
Case Summary
Case Details
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Case Number:
****8549
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Filing Date:
01/02/2018
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Case Status:
Disposed - Dismissed
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Case Type:
Personal Injury - Motor Vehicle
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Courthouse:
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County, State:
Los Angeles, California
Judge Details
Presiding Judge
STEPHEN I. GOORVITCH
Party Details
Plaintiff and Petitioner
GONZALEZ HENRY
Respondents and Defendants
BOGGIANO CARMEN
DOES 1 TO 20
Attorney/Law Firm Details
Plaintiff and Petitioner Attorneys
MOGHTADER MICHAEL H. ESQ.
MOGHTADER MICHAEL HOMAYOUN ESQ.
Respondent and Defendant Attorneys
GHENCIU VLAD
FILIAN ARI JON
Court Documents
12/17/2019: Order - Dismissal
12/17/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR TERMINATING SANCTIONS)
12/11/2019: Declaration - DECLARATION OF MICHAEL H. MOGHTADER, ESQ IN OPPOSITION TO DEFENDANT'S MOTION FOR TERMINATING SANCTION
11/19/2019: Motion for Terminating Sanctions
10/21/2019: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil
10/16/2019: Notice of Ruling
9/23/2019: Opposition - OPPOSITION OPPOSITION TO COMPEL RESPONSES TO DISCOVERY REQUESTS AND FOR SANCTIONS
9/23/2019: Opposition - OPPOSITION OPPOSITION TO COMPEL PLAINTIFF'S DEPOSITION AND FOR SANCTIONS
10/2/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL PLAINTIFF, HENRY GONZALEZ TO ATTE...)
8/30/2019: Motion for Order - MOTION FOR ORDER COMPELLING PLAINTIFF TO ANSWER DISCOVERY REQUESTS
8/30/2019: Motion for Order - MOTION FOR ORDER COMPELLING PLAINTIFF, HENRY GONZALEZ TO ATTEND AND TESTIFY AT HIS DEPOSITION
4/12/2019: [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
5/24/2018: CIVIL DEPOSIT -
5/24/2018: ANSWER TO COMPLAINT
5/24/2018: DEMAND FOR JURY
4/24/2018: PROOF OF SERVICE SUMMONS -
1/2/2018: CoverSheet -
1/2/2018: Civil Case Cover Sheet -
Docket Entries
- 12/18/2019
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Docketat 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Vacated by Court
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- 12/17/2019
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Docketat 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Motion for Terminating Sanctions - Held - Motion Granted
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- 12/17/2019
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Docketat 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Motion for Terminating Sanctions - Not Held - Taken Off Calendar by Party
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- 12/17/2019
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DocketOrder - Dismissal; Filed by Clerk
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- 12/17/2019
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DocketMinute Order ( (Hearing on Motion for Terminating Sanctions)); Filed by Clerk
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- 12/11/2019
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DocketDeclaration (of Michael H. Moghtader, Esq in Opposition to Defendant's Motion for Terminating Sanction); Filed by Henry Gonzalez (Plaintiff)
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- 11/19/2019
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DocketMotion for Terminating Sanctions; Filed by Carmen Boggiano (Defendant)
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- 11/14/2019
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Docketat 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Motion to be Relieved as Counsel
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- 10/21/2019
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DocketDeclaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil; Filed by Michael Homayoun Moghtader, Esq. (Attorney)
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- 10/16/2019
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DocketNotice of Ruling; Filed by Carmen Boggiano (Defendant)
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- 05/24/2018
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DocketReceipt; Filed by Carmen Boggiano (Defendant)
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- 05/24/2018
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DocketAnswer; Filed by Carmen Boggiano (Defendant)
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- 05/24/2018
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DocketDemand for Jury Trial; Filed by Carmen Boggiano (Defendant)
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- 05/24/2018
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DocketDEMAND FOR JURY
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- 04/24/2018
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DocketPROOF OF SERVICE SUMMONS
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- 04/24/2018
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DocketProof-Service/Summons; Filed by Henry Gonzalez (Plaintiff)
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- 01/02/2018
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DocketComplaint; Filed by Henry Gonzalez (Plaintiff)
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- 01/02/2018
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DocketSummons; Filed by Henry Gonzalez (Plaintiff)
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- 01/02/2018
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DocketCivil Case Cover Sheet
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- 01/02/2018
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DocketComplaint
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Tentative Rulings
Case Number: ****8549 Hearing Date: December 17, 2019 Dept: 5
Superior Court of California
County of Los Angeles
Department 5
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Henry Gonzalez, Plaintiff, v.
carmen boggiano, Defendant.
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Case No.: ****8549
Hearing Date: December 17, 2019
[TENTATIVE] order RE: motion for terminating sanctions
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Defendant Carmen Boggiano (“Defendant”) moves to dismiss the complaint of Plaintiff Henry Gonzalez (“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 October 2, 2019, the Court ordered Plaintiff to serve verified responses to Special Interrogatories, Form Interrogatories, and Requests for Production within thirty (30) days of notice. The Court also ordered Plaintiff to submit to a deposition by this same deadline. Defendant served the order by mail on October 15, 2019, meaning that Plaintiff had until November 19, 2019 to comply with the Court’s order. Plaintiff has not done so. Plaintiff’s counsel proffers a declaration stating that he has not been able to contact his client. This provides no good cause for Plaintiff’s failure to comply with the Court’s orders. The Court has considered the option of imposing lesser sanctions but finds that no sanction will facilitate compliance with this Court’s order. Therefore, the Court grants Defendant’s motion.
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: December 17, 2019 ___________________________
Stephen I. Goorvitch
Judge of the Superior Court
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