This case was last updated from Los Angeles County Superior Courts on 04/01/2022 at 03:04:35 (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 LAURA A. SEIGLE. The case status is Disposed - Judgment Entered.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2903

  • Filing Date:

    11/08/2017

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Civil Right - Other Civil Right

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

LAURA A. SEIGLE

 

Party Details

Plaintiff

RUBISH KAYLAH AKA KAYLA RUBISH

Defendants

VENTURA RECOVERY CENTER

MEDINA DANIEL

SIESTA HOUSE LLC

ACADIA MALIBU SOBER LIVING HOME AKA ARCADIA MALIBU SOBER LIVING HOME

CENTER FOR CHANGE AND GROWTH LLC

Attorney/Law Firm Details

Plaintiff Attorney

MYER SCOTT D. ESQ.

Defendant Attorneys

RANEN JEFFREY S.

ROONEY KAREN A.

 

Court Documents

Order - ORDER ON MOTION TO COMPEL ANSWERS TO INTERROGATORIES

4/16/2019: Order - ORDER ON MOTION TO COMPEL ANSWERS TO INTERROGATORIES

Order - ORDER [PROPOSED] ORDER RE GOOD FAITH SETTLEMENT DETERMINATION

6/4/2019: Order - ORDER [PROPOSED] ORDER RE GOOD FAITH SETTLEMENT DETERMINATION

Declaration - DECLARATION OF KAREN A. ROONEY IN SUPPORT OF APPLICATION FOR GOOD FAITH DETERMINATION (CCP 877.6(A)(2))

6/7/2019: Declaration - DECLARATION OF KAREN A. ROONEY IN SUPPORT OF APPLICATION FOR GOOD FAITH DETERMINATION (CCP 877.6(A)(2))

Minute Order - MINUTE ORDER (COURT ORDER VACATING AND SETTING ASIDE 04/16/2019 ORDER COMPE...)

7/2/2019: Minute Order - MINUTE ORDER (COURT ORDER VACATING AND SETTING ASIDE 04/16/2019 ORDER COMPE...)

Order - ORDER GRANTING PLAINTIFF'S MOTIONS TO COMPEL DISCOVERY AND FOR AWARD OF SANCTIONS

7/2/2019: Order - ORDER GRANTING PLAINTIFF'S MOTIONS TO COMPEL DISCOVERY AND FOR AWARD OF SANCTIONS

Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (COURT ORDER VACATING AND SETTING ASIDE 04/16/2019 ORDER COMPE...) OF 07/02/2019 AND ORDER GRANTING PLAINTIFF'S MOTIONS TO COMPEL D

7/2/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (COURT ORDER VACATING AND SETTING ASIDE 04/16/2019 ORDER COMPE...) OF 07/02/2019 AND ORDER GRANTING PLAINTIFF'S MOTIONS TO COMPEL D

Request for Dismissal - REQUEST FOR DISMISSAL - NOT ENTERED

8/22/2019: Request for Dismissal - REQUEST FOR DISMISSAL - NOT ENTERED

Notice - NOTICE OF ENTRY OF OTHER ORDER-ORDER GRANTING PLFS MOTIONS TO COMPEL DISCOVERY

10/31/2019: Notice - NOTICE OF ENTRY OF OTHER ORDER-ORDER GRANTING PLFS MOTIONS TO COMPEL DISCOVERY

Motion for Terminating Sanctions

10/31/2019: Motion for Terminating Sanctions

Request for Dismissal

11/1/2019: Request for Dismissal

Motion to Continue Trial Date

11/1/2019: Motion to Continue Trial Date

Minute Order - MINUTE ORDER (HEARING ON PLAINTIFF KAYLAH AKA KAYLA RUBISH'S MOTION TO CONT...)

11/27/2019: Minute Order - MINUTE ORDER (HEARING ON PLAINTIFF KAYLAH AKA KAYLA RUBISH'S MOTION TO CONT...)

Order - RULING: (1) MOTION FOR TERMINATING AND MONETARY SANCTIONS; (2) MOTION TO CONTINUE TRIAL

11/27/2019: Order - RULING: (1) MOTION FOR TERMINATING AND MONETARY SANCTIONS; (2) MOTION TO CONTINUE TRIAL

Notice of Ruling - NOTICE OF RULING ON (1) MOTION FOR TERMINATING AND MONETARY SANCTIONS, AND (2) MOTION TO CONTINUE TRIAL

12/2/2019: Notice of Ruling - NOTICE OF RULING ON (1) MOTION FOR TERMINATING AND MONETARY SANCTIONS, AND (2) MOTION TO CONTINUE TRIAL

Order - ORDER ON MOTION FOR TERMINATING AND MONETARY SANCTIONS AND MOTION TO CONTINUE TRIAL

12/3/2019: Order - ORDER ON MOTION FOR TERMINATING AND MONETARY SANCTIONS AND MOTION TO CONTINUE TRIAL

Order - RULING: (1) MOTION FOR TERMINATING AND MONETARY SANCTIONS; (2) MOTION TO CONTINUE TRIAL

12/4/2019: Order - RULING: (1) MOTION FOR TERMINATING AND MONETARY SANCTIONS; (2) MOTION TO CONTINUE TRIAL

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE; HEARING ON PLAINTIFF'S MOTION FOR TE...)

12/4/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE; HEARING ON PLAINTIFF'S MOTION FOR TE...)

Order - ORDER ON MOTION FOR TERMINATING AND MONETARY SANCTIONS AND MOTION TO CONTINUE TRIAL

12/4/2019: Order - ORDER ON MOTION FOR TERMINATING AND MONETARY SANCTIONS AND MOTION TO CONTINUE TRIAL

123 More Documents Available

 

Docket Entries

  • 10/21/2020
  • Docketat 08:30 AM in Department 48, Laura A. Seigle, Presiding; Order to Show Cause Re: (Default Judgment) - Not Held - Vacated by Court

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  • 09/02/2020
  • DocketNotice of Change of Address or Other Contact Information; Filed by Scott D. Myer, Esq. (Attorney)

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  • 09/02/2020
  • DocketNotice of Ruling; Filed by Kaylah Rubish (Plaintiff)

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  • 08/21/2020
  • Docketat 08:30 AM in Department 48, Laura A. Seigle, Presiding; Order to Show Cause Re: Dismissal (for Failure to File Requests for Entry of Default) - Not Held - Advanced and Vacated

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  • 08/21/2020
  • DocketDefault Judgment; Filed by Kaylah Rubish (Plaintiff)

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  • 08/21/2020
  • DocketNotice of Ruling; Filed by Kaylah Rubish (Plaintiff)

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  • 08/20/2020
  • Docketat 10:15 AM in Department 48, Laura A. Seigle, Presiding; Court Order

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  • 08/20/2020
  • DocketCertificate of Mailing for ((ORDER RE: PLAINTIFFS? REQUEST FOR ENTRY OF DEFAULT JUDGMENT) of 08/20/2020); Filed by Clerk

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  • 08/20/2020
  • DocketMinute Order ( (ORDER RE: PLAINTIFFS? REQUEST FOR ENTRY OF DEFAULT JUDGMENT)); Filed by Clerk

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  • 08/14/2020
  • DocketOpposition (PLAINTIFF KAYLAH RUBISH'S OPPOSITION/RESPONSE TO ORDER TO SHOW CAUSE ("OSC") HEARING REGARDING DEFAULT JUDGMENT); Filed by Kaylah Rubish (Plaintiff)

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

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

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  • 01/19/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 01/19/2018
  • DocketProof-Service/Summons; Filed by Kaylah Rubish (Plaintiff); Kayla Rubish (Legacy Party)

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  • 01/19/2018
  • DocketProof-Service/Summons; Filed by Kaylah Rubish (Plaintiff); Kayla Rubish (Legacy Party)

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

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

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  • 11/08/2017
  • DocketCOMPLAINT 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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  • 11/08/2017
  • DocketSUMMONS

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

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Tentative Rulings

Case Number: ****2903    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: ****2903    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.



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