This case was last updated from Los Angeles County Superior Courts on 06/13/2019 at 05:23:26 (UTC).

MAURICIO AVALOS VS ANDREA MERCIER

Case Summary

On 04/25/2017 MAURICIO AVALOS filed a Personal Injury - Motor Vehicle lawsuit against ANDREA MERCIER. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9122

  • Filing Date:

    04/25/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff and Petitioner

AVALOS MAURICIO

Defendants and Respondents

MERCIER ANDREA

DOES 1 TO 50

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

ESCANDARI ALEXANDER H. ESQ.

PEDONE GABRIELLE ALEXANDRA ESQ.

Defendant Attorney

PORVIN TERRY ESQ.

 

Court Documents

DEMAND FOR JURY TRIAL

8/17/2018: DEMAND FOR JURY TRIAL

ANSWER TO UNVERIFIED COMPLAINT

8/17/2018: ANSWER TO UNVERIFIED COMPLAINT

Unknown

9/7/2018: Unknown

Stipulation to Continue Trial/FSC [and Related Motion/Discovery Dates] Personal Injury Courts Only (Department 91, 92, 93, 97)

9/21/2018: Stipulation to Continue Trial/FSC [and Related Motion/Discovery Dates] Personal Injury Courts Only (Department 91, 92, 93, 97)

Notice of Change of Firm Name

12/28/2018: Notice of Change of Firm Name

Unknown

4/11/2019: Unknown

Proof of Service by Mail

4/11/2019: Proof of Service by Mail

Ex Parte Application

4/12/2019: Ex Parte Application

Minute Order

4/12/2019: Minute Order

Notice of Ruling

4/17/2019: Notice of Ruling

APPLICATION FOR PUBLICATION

5/4/2018: APPLICATION FOR PUBLICATION

NOTICE OF REJECTION APPLICATION AND ORDER FOR PUBLICATION

6/5/2018: NOTICE OF REJECTION APPLICATION AND ORDER FOR PUBLICATION

SUMMONS

4/25/2017: SUMMONS

COMPLAINT FOR DAMAGES BASED ON NEGLIGENCE

4/25/2017: COMPLAINT FOR DAMAGES BASED ON NEGLIGENCE

2 More Documents Available

 

Docket Entries

  • 04/25/2019
  • at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 04/17/2019
  • Notice of Ruling; Filed by Andrea Mercier (Defendant)

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  • 04/15/2019
  • at 10:00 AM in Department 2, Georgina T. Rizk, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 04/12/2019
  • at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Hearing on Ex Parte Application (for an Order to Continue Trial) - Held - Motion Granted

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  • 04/12/2019
  • Minute Order ( (Hearing on Plaintiff's Ex Parte Application for an Order to C...)); Filed by Clerk

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  • 04/12/2019
  • Ex Parte Application (for an Order to Continue Trial); Filed by Mauricio Avalos (Plaintiff)

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  • 04/11/2019
  • Proof of Service by Mail; Filed by Mauricio Avalos (Plaintiff)

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  • 04/11/2019
  • Declaration in Support of Ex Parte Application (of Gabriella A. Pedone); Filed by Mauricio Avalos (Plaintiff)

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  • 12/28/2018
  • Notice of Change of Firm Name; Filed by Andrea Mercier (Defendant)

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  • 09/21/2018
  • [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Andrea Mercier (Defendant)

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1 More Docket Entries
  • 08/17/2018
  • DEMAND FOR JURY TRIAL

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  • 08/17/2018
  • ANSWER TO UNVERIFIED COMPLAINT

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  • 08/17/2018
  • Demand for Jury Trial; Filed by Andrea Mercier (Defendant)

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  • 08/17/2018
  • Answer; Filed by Andrea Mercier (Defendant)

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  • 06/05/2018
  • NOTICE OF REJECTION APPLICATION AND ORDER FOR PUBLICATION

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  • 05/04/2018
  • APPLICATION FOR PUBLICATION

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  • 05/04/2018
  • Application for Order to Publish; Filed by Plaintiff/Petitioner

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  • 04/25/2017
  • SUMMONS

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  • 04/25/2017
  • Complaint; Filed by Mauricio Avalos (Plaintiff)

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  • 04/25/2017
  • COMPLAINT FOR DAMAGES BASED ON NEGLIGENCE

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Tentative Rulings

Case Number: BC659122    Hearing Date: November 05, 2019    Dept: 2

Avalos v. Mercier

The court heard these motions on 10/28/19. Plaintiff maintained in opposition that he served verified responses to discovery but did not provide documentary evidence. The court continued the hearing to allow Plaintiff to file a supplemental declaration establishing that the verified responses were served.

Plaintiff's counsel filed a supplemental declaration on 10/29/19 confirming that verified responses were served by mail and facsimile on 10/10/19. Therefore, an order compelling Plaintiff’s responses is no longer necessary.

The Court finds that under the facts and circumstances the imposition of sanctions would be unjust and the Court therefore declines to award sanctions.

Moving party is ordered to give notice.

Case Number: BC659122    Hearing Date: October 28, 2019    Dept: 2

Avalos v. Mercier

Defendant’s Two Motions for Order compelling Plaintiff to Answer Supplemental interrogatories, Set Two; and Supplemental Demand for Production of Documents and Things, Set Two; or in the Alternative to Exclude Evidence; Request for Sanctions filed on 10/2/19, are GRANTED.

While Plaintiff maintains that verified responses were served by facsimile on 10/10/19, there is no documentary evidence provided.

Plaintiff, Maurice Avalos, is ordered to serve verified responses to the foregoing discovery without objections within 10 days. Cal Code Civ Procedure §2030.290(b).

Imposition of sanctions totaling $523.30 against Plaintiff, Maurice Avalos, and counsel, Johnny P. Ogata, is warranted for the failure to timely respond to authorized methods of discovery, which is discovery abuse. Cal Code Civil Procedure § 2023.010(d).

Moving party is ordered to give notice.