This case was last updated from Los Angeles County Superior Courts on 06/03/2019 at 03:58:18 (UTC).

KAYLAH RUBISH ET AL VS VENTURA RECOVERY CENTER ET AL

Case Summary

On 11/08/2017 KAYLAH RUBISH filed a Civil Right - Other Civil Right lawsuit against VENTURA RECOVERY CENTER. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ELIZABETH ALLEN WHITE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2903

  • Filing Date:

    11/08/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

ELIZABETH ALLEN WHITE

 

Party Details

Plaintiffs and Petitioners

RUBISH KAYLA

RUBISH KAYLAH AKA KAYLA RUBISH

Defendants and Respondents

ARCADIA MALIBU SOBER LIVING HOME

VENTURA RECOVERY CENTER

MEDINA DANIEL

ACADIA MALIBU SOBER LIVING HOME

SIESTA HOUSE LLC

ACADIA MALIBU INC.

DOES 1 TO 100

ACADIA MALIBU SOBER LIVING HOME AKA ARCADIA MALIBU SOBER LIVING HOME

CENTER FOR CHANGE AND GROWTH LLC

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

MYER SCOTT D. ESQ.

Defendant Attorneys

RANEN JEFFREY S.

ROONEY KAREN A.

 

Court Documents

REQUEST FOR DISMISSAL

2/27/2018: REQUEST FOR DISMISSAL

Unknown

4/2/2018: Unknown

FIRST AMENDED COMPLAINT FOR DAMAGES, FOR: 1 & 2) GENDER DISCRIMINATION & HARASSMENT IN VIOLATION OF CIVIL CODE 51 & 51.5; 3, 4, 5 & 6) GENDER HARASSMENT & GENDER VIOLENCE IN VIOLATION OF CIVIL CODE 51

5/9/2018: FIRST AMENDED COMPLAINT FOR DAMAGES, FOR: 1 & 2) GENDER DISCRIMINATION & HARASSMENT IN VIOLATION OF CIVIL CODE 51 & 51.5; 3, 4, 5 & 6) GENDER HARASSMENT & GENDER VIOLENCE IN VIOLATION OF CIVIL CODE 51

DEFENDANTS VENTURA RECOVERY CENTER AND SIESTA HOUSE, LLC?S ANSWER TO PLAINTIFF?S FIRST AMENDED COMPLAINT

6/13/2018: DEFENDANTS VENTURA RECOVERY CENTER AND SIESTA HOUSE, LLC?S ANSWER TO PLAINTIFF?S FIRST AMENDED COMPLAINT

PLAINTIFF'S OPPOSITION TO DEMURRER OF ACADIA MALIBU, INC.; MEMORANDUM OF POINTS AND AUTHORITIES

7/13/2018: PLAINTIFF'S OPPOSITION TO DEMURRER OF ACADIA MALIBU, INC.; MEMORANDUM OF POINTS AND AUTHORITIES

STATEMENT OF DAMAGES (PERSONAL INJURY OR WRONGFUL DEATH)

7/23/2018: STATEMENT OF DAMAGES (PERSONAL INJURY OR WRONGFUL DEATH)

Minute Order

7/26/2018: Minute Order

SECOND AMENDED COMPLAINT FOR DAMAGES, FOR: 1 & 2) GENDER DISCRIMINATION & HARASSMENT IN VIOLATION OF CIVIL CODE SECTIONS 51 & 51.5, ETC

8/15/2018: SECOND AMENDED COMPLAINT FOR DAMAGES, FOR: 1 & 2) GENDER DISCRIMINATION & HARASSMENT IN VIOLATION OF CIVIL CODE SECTIONS 51 & 51.5, ETC

DEFENDANTS VENTURA RECOVERY CENTER AND SIESTA HOUSE, LLC'S ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT

9/4/2018: DEFENDANTS VENTURA RECOVERY CENTER AND SIESTA HOUSE, LLC'S ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT

DEFENDANT DANIEL MEDINA'S ANSWER TO SECOND AMENDED COMPLAINT FOR DAMAGES

9/14/2018: DEFENDANT DANIEL MEDINA'S ANSWER TO SECOND AMENDED COMPLAINT FOR DAMAGES

Minute Order

12/4/2018: Minute Order

Order

2/4/2019: Order

Minute Order

2/4/2019: Minute Order

Order

4/16/2019: Order

PROOF OF SERVICE SUMMONS

1/19/2018: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

1/19/2018: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

1/19/2018: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

1/19/2018: PROOF OF SERVICE SUMMONS

65 More Documents Available

 

Docket Entries

  • 05/22/2019
  • Proof of Service by Mail; Filed by Acadia Malibu, Inc. Erroneously Sued As Acadia Malibu Sober Living Home (Defendant)

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  • 05/20/2019
  • at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing on Motion for Summary Judgment - Not Held - Taken Off Calendar by Party

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  • 05/13/2019
  • Notice of Settlement; Filed by Acadia Malibu, Inc. Erroneously Sued As Acadia Malibu Sober Living Home (Defendant)

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  • 05/10/2019
  • Request for Dismissal; Filed by Kaylah Rubish (Plaintiff)

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  • 05/09/2019
  • Application for Determination of Good Faith Settlement; Filed by Acadia Malibu, Inc. Erroneously Sued As Acadia Malibu Sober Living Home (Defendant)

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  • 04/22/2019
  • at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing on Motion for Summary Judgment - Not Held - Rescheduled by Party

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  • 04/22/2019
  • at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing on Motion for Summary Judgment - Not Held - Rescheduled by Party

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  • 04/16/2019
  • Order (on Motion to Compel Answers to Interrogatories); Filed by Kaylah Rubish (Plaintiff)

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  • 03/19/2019
  • Notice of Ruling; Filed by Kaylah Rubish (Plaintiff)

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  • 03/18/2019
  • at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing on Motion for Summary Judgment - Not Held - Rescheduled by Party

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114 More Docket Entries
  • 01/19/2018
  • Proof-Service/Summons; Filed by Kaylah Rubish (Plaintiff); Kayla Rubish (Legacy Party)

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  • 01/19/2018
  • Declaration re: Due Diligence; Filed by Kaylah Rubish (Plaintiff); Kayla Rubish (Legacy Party)

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  • 01/19/2018
  • PROOF OF SERVICE SUMMONS

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  • 01/19/2018
  • PROOF OF SERVICE SUMMONS

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  • 01/19/2018
  • DECLARATION OF DUE DILIGENCE (CCP 415.20)

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  • 11/27/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 11/27/2017
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 11/08/2017
  • Complaint; Filed by Kaylah Rubish (Plaintiff)

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  • 11/08/2017
  • SUMMONS

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  • 11/08/2017
  • COMPLAINT FOR DAMAGES, FOR: 1 & 2) GENDER DISCRIMINATION AND HARASSMENT IN VIOLATION OF CIVIL CODE 51 & 51.5; 3, 4, 5 & 6) ;ETC

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Tentative Rulings

Case Number: BC682903    Hearing Date: December 04, 2019    Dept: 48

(1) MOTION FOR TERMINATING AND MONETARY SANCTIONS;

(2) MOTION TO CONTINUE TRIAL

MOVING PARTY: (1) & (2) Plaintiff Kaylah Rubish aka Kayla Rubish

RESPONDING PARTY(S): (1) & (2) No opposition filed.

PROOF OF SERVICE:

ANALYSIS

Motion for Terminating Sanctions

Plaintiff Kaylah Rubish aka Kayla Rubish moves for terminating sanctions against the sole remaining Defendant, Daniel Medina. Defendant has failed to serve written discovery responses (form rogs and requests for production) as ordered by the Court on July 2, 2019. Declaration of Scott D. Myer, ¶ 5.

The court has the authority to impose sanctions against a party that engages in the misuse of the discovery process. CCP § 2023.030. This includes failing to respond to an authorized method of discovery and disobeying a court order to provide discovery. CCP §§ 2023.010 (d) and (g). A party engaging in such conduct may be subject to monetary, issue and/or evidentiary and terminating sanctions. CCP §§ 2023.030(a), (b) (c) and (d).

Where a party fails to obey an order compelling responses, “ the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction . . . In lieu of or in addition to that sanction, the court may impose a monetary sanction. . . .” CCP § 2030.290(c); § 2031.300(c). Indeed, the court may impose terminating sanctions after a party’s failure to comply with one court order to produce discovery if it is an “attempt[ ] to tailor the sanction to the harm caused by the withheld discovery.” Collisson & Kaplan v. Hartunian (1994) 21 Cal.App.4th 1611, 1618-19.

"[T]he question before this court is not whether the trial court should have imposed a lesser sanction; rather, the question is whether the trial court abused its discretion by imposing the sanction it chose. [Citation.] Moreover, imposition of a lesser sanction would have permitted [defendants] to benefit from their stalling tactics. [Citation.] The trial court did not abuse its discretion by tailoring the sanction to the particular abuse. [Citation.]" (Id. at pp. 36-37.)

Collisson, supra, 21 Cal.App.4th at 1620.

In deciding whether to impose a terminating sanction, the trial court is to consider the totality of the circumstances: “conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery.” Lang v. Hochman (2000) 77 Cal.App.4th 1225, 1246.

The Court continued the hearing on the motion for terminating sanctions is to this date. The Court ordered Defendant Medina to file with the Court and serve upon Plaintiff verified, code-compliant responses by December 3, 2019. Defendant was warned that if he did not comply with this order, the Court intended to grant Plaintiff’s motion for terminating sanctions.

Because the Court does not have any record of Defendant Medina having filed and served verified, code-compliant responses, Plaintiff’s motion for terminating sanctions is GRANTED. Defendant Medina’s answer is ordered stricken and his default is hereby entered.

An order to show cause re entry of default judgment is set for January 15, 2019. Plaintiff is to submit a default prove-up package by January 8, 2019.

The motion to continue trial is placed OFF-CALENDAR AS MOOT.

[The Court previously granted Plaintiff’s request for monetary sanction against Defendant Daniel Media in the reduced amount of $2,200.00, to be paid to Plaintiff’s counsel within 10 days.]

Case Number: BC682903    Hearing Date: November 27, 2019    Dept: 48

(1) MOTION FOR TERMINATING AND MONETARY SANCTIONS;

(2) MOTION TO CONTINUE TRIAL

MOVING PARTY: (1) & (2) Plaintiff Kaylah Rubish aka Kayla Rubish

RESPONDING PARTY(S): (1) & (2) No opposition filed.

PROOF OF SERVICE:

ANALYSIS

Motion for Terminating Sanctions

Plaintiff Kaylah Rubish aka Kayla Rubish moves for terminating sanctions against the sole remaining Defendant, Daniel Medina. Defendant has failed to serve written discovery responses (form rogs and requests for production) as ordered by the Court on July 2, 2019. Declaration of Scott D. Myer, ¶ 5.

The court has the authority to impose sanctions against a party that engages in the misuse of the discovery process. CCP § 2023.030. This includes failing to respond to an authorized method of discovery and disobeying a court order to provide discovery. CCP §§ 2023.010 (d) and (g). A party engaging in such conduct may be subject to monetary, issue and/or evidentiary and terminating sanctions. CCP §§ 2023.030(a), (b) (c) and (d).

In deciding whether to impose a terminating sanction, the trial court is to consider the totality of the circumstances: “conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery.” Lang v. Hochman (2000) 77 Cal.App.4th 1225, 1246.

The hearing on the motion for terminating sanctions is CONTINUED to December 4, 2019. The Court orders Defendant Medina to file with the Court and serve upon Plaintiff verified, code-compliant responses by December 3, 2019. If Defendant does not comply with this order, the Court intends to grant Plaintiff’s motion for terminating sanctions.