This case was last updated from Los Angeles County Superior Courts on 06/13/2020 at 06:57:23 (UTC).

MAYRA AMAYA ET AL VS BEATRIZ LEJIS ET AL

Case Summary

On 02/22/2018 MAYRA AMAYA filed a Personal Injury - Motor Vehicle lawsuit against BEATRIZ LEJIS. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are GEORGINA T. RIZK, KRISTIN S. ESCALANTE and MARK A. BORENSTEIN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5171

  • Filing Date:

    02/22/2018

  • 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 Judges

GEORGINA T. RIZK

KRISTIN S. ESCALANTE

MARK A. BORENSTEIN

 

Party Details

Plaintiffs and Petitioners

AMAYA MAYRA

AMAYA GENESIS

CASTILLO ROSALBA

Defendants and Respondents

DOES 1 TO 50

LEJIS DAVID

LEJIS BEATRIZ

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

FRIEND GERARD L. ESQ.

FRIEND GERARD LOUIS ESQ.

Defendant Attorneys

LINDNER JUDITH STOUT

LINDNER JUDITH STOUT ESQ.

 

Court Documents

Notice of Ruling

1/22/2020: Notice of Ruling

Minute Order - MINUTE ORDER (- HEARING ON MOTION TO DISMISS THE ACTION OF PLAINTIFF MAYRA ...)

12/11/2019: Minute Order - MINUTE ORDER (- HEARING ON MOTION TO DISMISS THE ACTION OF PLAINTIFF MAYRA ...)

Motion to Dismiss

11/8/2019: Motion to Dismiss

Minute Order - MINUTE ORDER (1. HEARING ON MOTION TO BE RELIEVED AS COUNSEL AS COUNSEL FO...)

9/18/2019: Minute Order - MINUTE ORDER (1. HEARING ON MOTION TO BE RELIEVED AS COUNSEL AS COUNSEL FO...)

Notice of Ruling

9/19/2019: Notice of Ruling

Minute Order - MINUTE ORDER (- HEARING ON DEFENDANTS' MOTION TO COMPEL DISCOVERY (NOT "FUR...)

9/6/2019: Minute Order - MINUTE ORDER (- HEARING ON DEFENDANTS' MOTION TO COMPEL DISCOVERY (NOT "FUR...)

Motion to Be Relieved as Counsel

8/19/2019: Motion to Be Relieved as Counsel

Motion to Be Relieved as Counsel

8/19/2019: Motion to Be Relieved as Counsel

Motion for Order - MOTION FOR ORDER NOTICE OF MOTION FOR ORDER COMPELLING MAYRA AMAYA'S VERIFIED RESPONSES TO SPECIAL INTERROGATORIES AND FOR AN ORDER IMPOSING MONETARY SANCTIONS; MEMORANDUM OF POINTS

8/1/2019: Motion for Order - MOTION FOR ORDER NOTICE OF MOTION FOR ORDER COMPELLING MAYRA AMAYA'S VERIFIED RESPONSES TO SPECIAL INTERROGATORIES AND FOR AN ORDER IMPOSING MONETARY SANCTIONS; MEMORANDUM OF POINTS

Motion for Order - MOTION FOR ORDER NOTICE OF MOTION FOR ORDER COMPELLING GENESIS AMAYA'S VERIFIED RESPONSES TO FORM INTERROGATORIES AND FOR AN ORDER IMPOSING MONETARY SANCTIONS MEMORANDUM OF POINTS A

8/1/2019: Motion for Order - MOTION FOR ORDER NOTICE OF MOTION FOR ORDER COMPELLING GENESIS AMAYA'S VERIFIED RESPONSES TO FORM INTERROGATORIES AND FOR AN ORDER IMPOSING MONETARY SANCTIONS MEMORANDUM OF POINTS A

Motion for Order - MOTION FOR ORDER NOTICE OF MOTION FOR ORDER COMPELLING GENESIS AMAYA'S VERIFIED RESPONSES TO DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS AND FOR AN ORDER IMPOSING MONETARY SAN

8/1/2019: Motion for Order - MOTION FOR ORDER NOTICE OF MOTION FOR ORDER COMPELLING GENESIS AMAYA'S VERIFIED RESPONSES TO DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS AND FOR AN ORDER IMPOSING MONETARY SAN

Motion for Order - MOTION FOR ORDER NOTICE OF MOTION FOR ORDER COMPELLING MAYRA AMAYA'S VERIFIED RESPONSES TO FORM INTERROGATORIES AND FOR AN ORDER IMPOSING MONETARY SANCTIONS; MEMORANDUM OF POINTS AN

8/1/2019: Motion for Order - MOTION FOR ORDER NOTICE OF MOTION FOR ORDER COMPELLING MAYRA AMAYA'S VERIFIED RESPONSES TO FORM INTERROGATORIES AND FOR AN ORDER IMPOSING MONETARY SANCTIONS; MEMORANDUM OF POINTS AN

Motion for Order - MOTION FOR ORDER NOTICE OF MOTION FOR ORDER COMPELLING ROSALBA CASTILLO'S VERIFIED RESPONSES TO FORM INTERROGATORIES AND FOR AN ORDER IMPOSING MONETARY SANCTIONS; MEMORANDUM OF POIN

8/1/2019: Motion for Order - MOTION FOR ORDER NOTICE OF MOTION FOR ORDER COMPELLING ROSALBA CASTILLO'S VERIFIED RESPONSES TO FORM INTERROGATORIES AND FOR AN ORDER IMPOSING MONETARY SANCTIONS; MEMORANDUM OF POIN

Motion for Order - MOTION FOR ORDER NOTICE OF MOTION FOR ORDER COMPELLING GENESIS AMAYA'S VERIFIED RESPONSES TO SPECIAL INTERROGATORIES AND FOR AN ORDER IMPOSING MONETARY SANCTIONS; MEMORANDUM OF POIN

8/1/2019: Motion for Order - MOTION FOR ORDER NOTICE OF MOTION FOR ORDER COMPELLING GENESIS AMAYA'S VERIFIED RESPONSES TO SPECIAL INTERROGATORIES AND FOR AN ORDER IMPOSING MONETARY SANCTIONS; MEMORANDUM OF POIN

Motion for Order - MOTION FOR ORDER NOTICE OF MOTION FOR ORDER COMPELLING MAYRA AMAYA'S VERIFIED RESPONSES TO DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS AND FOR AN ORDER IMPOSING MONETARY SANCT

8/1/2019: Motion for Order - MOTION FOR ORDER NOTICE OF MOTION FOR ORDER COMPELLING MAYRA AMAYA'S VERIFIED RESPONSES TO DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS AND FOR AN ORDER IMPOSING MONETARY SANCT

Notice - NOTICE CHANGE OF EMAIL ADDRESS

6/21/2019: Notice - NOTICE CHANGE OF EMAIL ADDRESS

Answer

1/11/2019: Answer

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

2/22/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

16 More Documents Available

 

Docket Entries

  • 02/22/2021
  • Hearing02/22/2021 at 08:30 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 08/18/2020
  • Hearing08/18/2020 at 08:30 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 08/04/2020
  • Hearing08/04/2020 at 10:00 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 02/13/2020
  • Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Jury Trial - Not Held - Continued - Court's Motion

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  • 01/30/2020
  • Docketat 10:00 AM in Department 29, Kristin S. Escalante, Presiding; Final Status Conference - Not Held - Continued - Court's Motion

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  • 01/22/2020
  • DocketNotice of Ruling; Filed by Beatriz Lejis (Defendant); David Lejis (Defendant)

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  • 01/21/2020
  • Docketat 1:30 PM in Department 29, Kristin S. Escalante, Presiding; Hearing on Motion to Dismiss (The Action of Plaintiff Genesis Amaya For Failure to Comply With Court Orders and For An Order Imposing Monetary Sanctions, Filed By the Defendants) - Held - Motion Denied

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  • 01/21/2020
  • Docketat 1:30 PM in Department 29, Kristin S. Escalante, Presiding; Hearing on Motion to Dismiss (The Action of Plaintiff Rosalba Castillo For Failure to Comply With Court Orders and For An Order Imposing Monetary Sanctions, Filed By the Defendants) - Held - Motion Denied

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  • 01/21/2020
  • Docketat 1:30 PM in Department 29, Kristin S. Escalante, Presiding; Hearing on Motion to Dismiss (The Action of Plaintiff Mayra Amaya For Failure to Comply With Court Orders and For An Order Imposing Monetary Sanctions, Filed By the Defendants) - Held - Motion Denied

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  • 01/21/2020
  • DocketMinute Order ( (- Hearing on Motion to Dismiss The Action of Plaintiff Genesi...)); Filed by Clerk

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43 More Docket Entries
  • 08/01/2019
  • DocketNOTICE OF MOTION FOR ORDER COMPELLING GENESIS AMAYA'S VERIFIED RESPONSES TO DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS AND FOR AN ORDER IMPOSING MONETARY SANCTIONS; Filed by Beatriz Lejis (Defendant); David Lejis (Defendant)

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  • 08/01/2019
  • DocketNOTICE OF MOTION FOR ORDER COMPELLING MAYRA AMAYA'S VERIFIED RESPONSES TO FORM INTERROGATORIES AND FOR AN ORDER IMPOSING MONETARY SANCTIONS; Filed by Beatriz Lejis (Defendant); David Lejis (Defendant)

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  • 08/01/2019
  • DocketNOTICE OF MOTION FOR ORDER COMPELLING ROSALBA CASTILLO'S VERIFIED RESPONSES TO DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS AND FOR AN ORDER IMPOSING MONETARY SANCTIONS; Filed by Beatriz Lejis (Defendant); David Lejis (Defendant)

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  • 07/12/2019
  • Docket[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Beatriz Lejis (Defendant)

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  • 06/21/2019
  • DocketNotice (Change of Email Address); Filed by Beatriz Lejis (Defendant)

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  • 02/06/2019
  • DocketNotice of Deposit - Jury; Filed by Beatriz Lejis (Defendant)

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  • 01/11/2019
  • DocketAnswer; Filed by Beatriz Lejis (Defendant); David Lejis (Defendant)

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  • 02/22/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 02/22/2018
  • DocketSUMMONS

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  • 02/22/2018
  • DocketComplaint; Filed by Mayra Amaya (Plaintiff); Genesis Amaya (Plaintiff); Rosalba Castillo (Plaintiff)

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Tentative Rulings

Case Number: BC695171    Hearing Date: December 11, 2019    Dept: 2

Amaya, et al. v. Lejis, et al.

Defendants’ Three Motions for Order Dismissing the Action of Plaintiffs Rosalba Castillo, Mayra Amaya, and Genesis Amaya, for Failure to Comply with Court Orders; Request for Sanctions are DENIED in part and GRANTED in part. The motion to dismiss is DENIED without prejudice. If Plaintiffs fail to comply with the Court’s previous order compelling responses within the next 20 days, Defendants may renew their motions to dismiss. To the extent the motion seeks monetary sanctions against Plaintiffs and their counsel of record Gerard L. Friend, the motion is GRANTED in the amounts set forth below.

On 9/18/19, the court granted Defendants’ Nine Motions to Compel Plaintiffs’ Responses to form Interrogatories, Special Interrogatories, and Demand for Inspection and Production of Documents and imposing sanctions. The court ordered Plaintiffs to respond within 10 days. Motion, Ex. A.

Defendants served notice of the court’s ruling on 9/19/19. Id. Plaintiffs have not complied with the court’s order. Declaration of Judith S. Lindner ¶ 4. They have not opposed this motion.

Defendant now seeks terminating sanctions. The Court is extremely troubled by Plaintiffs’ failure to comply with the Court’s order, which is discovery abuse and for which sanctions are warranted. See Cal. Code Civ. Proc. § 2023.030(a), (d). However, “terminating sanctions are to be used sparingly because of the drastic effect of their application.” Department of Forestry & Fire Protection v. Howell (2017) 18 Cal. App. 5th 154, 191-92. Sanctions are generally imposed in an incremental approach, with terminating sanctions being the last resort.

Applying the incremental approach, the Court concludes that further monetary sanctions are warranted at this juncture. The Court imposes additional monetary sanctions in the amount of $220 for each plaintiff, for a total sanctions award of $660. The sanctions are also imposed jointly and severally on Plaintiff’s counsel of record Gerard L. Friend. The sanctions are to be paid within 30 days. Issue and evidentiary sanctions have not been sought, so the Court does not impose such sanctions.

Plaintiffs are admonished that they must comply with the Court’s previous orders to provide written, verified responses to avoid further sanctions, up to and including terminating sanctions resulting in the dismissal of Plaintiffs’ case. If Plaintiffs fail to comply within the next 20 days, Defendant may renew the motion for terminating sanctions.

Moving party is ordered to give notice.