On 01/06/2017 MARIA DE JESUS AVALOS filed a Personal Injury - Motor Vehicle lawsuit against QUANTUM TRANSPORTATION LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
AVALOS MARIA DE JESUS
DOES 1 TO 20
FARID CHAVOSH MESKARZADEH
ARIA INTERNATIONAL TRUCKING COMPANY
QUANTUM TRANSPORTATION LLC
MESKARZADEH FARID CHAVOSH
BRAL S. SEAN ESQ.
CASTALDI GIUSEPPE ESQ.
10/1/2018: Minute Order
12/6/2018: Minute Order
12/6/2018: Motion re:
12/6/2018: Motion to Compel
1/2/2019: Stipulation to Continue Trial/FSC [and Related Motion/Discovery Dates] Personal Injury Courts Only (Department 91, 92, 93, 97)
1/14/2019: Minute Order
5/21/2019: Stipulation and Order
Stipulation and Order ([Proposed Order] and Stipulation to Continue Trial, FSC [And Related Motion/Discovery Dates] Personal Injury Courts Only); Filed by Maria De Jesus Avalos (Plaintiff)Read MoreRead Less
at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Non-Jury Trial - Not Held - Continued - StipulationRead MoreRead Less
at 10:00 AM in Department 3, Jon R. Takasugi, Presiding; Final Status Conference - Not Held - Continued - StipulationRead MoreRead Less
at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Order to Show Cause Re: Failure to File Proof of Service (as to Defendant Farid Chavosh Meskarzadeh- dba - Aria International Trucking Company) - Held - ContinuedRead MoreRead Less
Minute Order ((Order to Show Cause Re: Failure to File Proof of Service as t...)); Filed by ClerkRead MoreRead Less
at 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Vacated by CourtRead MoreRead Less
at 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion to Deem Request for Admissions Admitted (Defendant Quantum Transportation, LP's Request for Admission (Set One) to Plaintiff; Request for Sanctions in the Amount of $693.75;) - Not Held - Taken Off Calendar by PartyRead MoreRead Less
at 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion to Compel (Plaintiff's Verified Responses, without Objections, to Form Interrogatories (Set One), Special Interrogatories (Set One) and Requests for Production of Documents (Set One); Request for Sanctions in the Amount of $791.25;) - Not Held - Taken Off Calendar by PartyRead MoreRead Less
Notice of Deposit - Jury; Filed by Quantum Transportation, LLC (Defendant)Read MoreRead Less
[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District)Read MoreRead Less
Answer; Filed by Quantum Transportation, LLC (Defendant)Read MoreRead Less
ANSWER TO COMPLAINT BY QUANTUM TRANSPORTATION, LP; REQUEST FOR JURY TRIALRead MoreRead Less
at 10:00 AM in Department 3; Final Status Conference (Final Status Conference; Off Calendar) -Read MoreRead Less
Minute order entered: 2018-06-22 00:00:00; Filed by ClerkRead MoreRead Less
Minute OrderRead MoreRead Less
Proof-Service/Summons; Filed by Maria De Jesus Avalos (Plaintiff)Read MoreRead Less
PROOF OF SERVICE SUMMONSRead MoreRead Less
SUMMONSRead MoreRead Less
Complaint; Filed by Maria De Jesus Avalos (Plaintiff)Read MoreRead Less
COMPLAINT FOR DAMAGES 1. NEGLIGENCERead MoreRead Less
Case Number: BC646030 Hearing Date: November 20, 2019 Dept: 3
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
MARIA DE JESUS AVALOS,
QUANTUM TRANSPORTATION LLC, et al.,
Case No.: BC646030
[TENTATIVE] ORDER GRANTING MOTION TO CONTINUE TRIAL
November 20, 2019
On January 6, 2017, Plaintiff Maria De Jesus Avalos (“Plaintiff”) filed a complaint against Defendants Quantum Transportation LLC; Farid Chavosh Meskarzadeh dba Aria International Trucking Company; and Does 1 through 20 for negligence arising out of a motor vehicle accident that occurred on January 6, 2015.
On January 2, 2019, pursuant to a stipulation and order, the trial was continued from March 28, 2019 to July 16, 2019. On May 21, 2019, pursuant to a second stipulation and order, the trial was continued from July 16, 2019 to September 16, 2019.
On 8/21/19, the Court heard a motion by Defendant Quantum Transportation, LP (erroneously sued as Quantum Transportation LLC) (“Defendant”) seeking a continuance of the September 16, 2019 trial date to early December 2019; the Court granted the motion and set the matter for trial on 12/11/19.
At this time, Quantum again moves to continue the trial date, this time from 12/11/19 to June of 2020.
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.
Defendant argues there is good cause to continue the trial date because Plaintiff’ disclosed, for the first time in response to supplemental discovery, that she suffered a pregnancy miscarriage one month after the accident, which she attributes to pain medication prescribed due to the accident. Additionally, Plaintiff disclosed, at a recent mediation, that she intends to have low back surgery, also due to the accident. Defendant needs additional time to explore these additional damages claims and to conduct discovery prior to trial.
Any opposition to the motion was due on or before 11/06/19. To date, no party has filed opposition to the motion. On 11/04/19, Plaintiff filed a notice of non-opposition to the motion.
The Court finds there is good cause to continue the trial date because the parties are still completing discovery, which discovery has become necessary as a result of changing damages claims in the action. The 12/11/19 trial date is advanced to today’s date and continued to Thursday, 6/11/20 at 8:30 a.m. in Department 3 of the Spring Street Courthouse. The 11/25/19 FSC is advanced to today’s date and continued to Thursday, 5/28/20 at 10:00 a.m. in Department 3. All discovery and expert cut-off dates are continued to reflect the new trial date.
Moving Defendant is ordered to give notice.Parties who intend to submit on this tentative must send an email to the court at firstname.lastname@example.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.