This case was last updated from Los Angeles County Superior Courts on 07/12/2019 at 01:26:08 (UTC).

ORLANDO MONDRAGON VS FOOD 4 LESS CA INC ET AL

Case Summary

On 02/02/2018 a Personal Injury - Other Personal Injury case was filed by ORLANDO MONDRAGON against FOOD 4 LESS CA INC in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2811

  • Filing Date:

    02/02/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Petitioner and Plaintiff

MONDRAGON ORLANDO

Respondents and Defendants

FOOD 4 LESS OF CALIFORNIA INCORPORATION

DOES 1 TO 100

CERDA SHARON

Other

BANAFSHEH DANESH & JAVID PC

 

Court Documents

Notice of Posting of Jury Fees

5/8/2019: Notice of Posting of Jury Fees

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person

5/23/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person

ANSWER OF FOOD 4 LESS OF CALIFORNIA, INC. DBA FOOD 4 LESS TO COMPLAINT; DEMAND FOR JURY TRIAL

4/6/2018: ANSWER OF FOOD 4 LESS OF CALIFORNIA, INC. DBA FOOD 4 LESS TO COMPLAINT; DEMAND FOR JURY TRIAL

APROOF OF SERVICE OF SUMMONS

3/14/2018: APROOF OF SERVICE OF SUMMONS

PLAINTIFF'S NOTICE OF ASSOCIATION OF COUNSEL

2/23/2018: PLAINTIFF'S NOTICE OF ASSOCIATION OF COUNSEL

SUMMONS

2/2/2018: SUMMONS

COMPLAINT FOR: 1. NEGLIGENCE: 2. NEGLIGENCE PER SE:

2/2/2018: COMPLAINT FOR: 1. NEGLIGENCE: 2. NEGLIGENCE PER SE:

 

Docket Entries

  • 05/23/2019
  • [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Food 4 Less of California Incorporation (Defendant)

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  • 05/08/2019
  • Notice of Posting of Jury Fees; Filed by Food 4 Less of California Incorporation (Defendant)

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  • 04/06/2018
  • ANSWER OF FOOD 4 LESS OF CALIFORNIA, INC. DBA FOOD 4 LESS TO COMPLAINT; DEMAND FOR JURY TRIAL

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  • 04/06/2018
  • Answer; Filed by Food 4 Less of California Incorporation (Defendant)

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  • 03/14/2018
  • Proof-Service/Summons; Filed by Orlando Mondragon (Plaintiff)

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  • 03/14/2018
  • APROOF OF SERVICE OF SUMMONS

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  • 02/23/2018
  • Association of Attorney; Filed by Orlando Mondragon (Plaintiff)

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  • 02/23/2018
  • PLAINTIFF'S NOTICE OF ASSOCIATION OF COUNSEL

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  • 02/02/2018
  • SUMMONS

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  • 02/02/2018
  • COMPLAINT FOR: 1. NEGLIGENCE: 2. NEGLIGENCE PER SE:

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  • 02/02/2018
  • Complaint; Filed by Orlando Mondragon (Plaintiff)

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  • 02/02/2018
  • Summons; Filed by Orlando Mondragon (Plaintiff)

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Tentative Rulings

Case Number: BC692811    Hearing Date: November 05, 2019    Dept: 5

Superior Court of California

County of Los Angeles

Department 5

orlando mondragon,

Plaintiff,

v.

food 4 less of california, inc., et al.,

Defendants.

Case No.: BC692811

Hearing Date: November 5, 2019

[TENTATIVE] order RE:

defendant’S MOTION TO continue discovery and motion cut-off deadlines

Defendant Food 4 Less of California, Inc. (“Defendant”) moves to continue the discovery and motion cut-off dates in this matter. In this case, Plaintiff Orlando Mondragon (“Plaintiff”) claims Defendant’s employee ran over his foot with a forklift, causing the amputation of a toe and other injuries to his foot. The Court continued the trial to March 5, 2020 via Defendant’s ex parte application, but did not continue the discovery and motions cut-off. Based on the former trial date of December 10, 2019, the fact discovery cutoff is November 12, 2019, and the expert discovery cutoff is November 25, 2019. (Code Civ. Proc., §§ 2024.020, subd. (a), 2016.060, 2024.030.) Now, Defendant seeks to continue the discovery and motions cut-off, which Plaintiff opposes.

In determining whether to re-open discovery, the Court must consider the necessity of and reasons for the additional discovery, the diligence or lack thereof by the party seeking to reopen discovery in attempting to complete discovery prior to the cutoff, whether permitting the discovery will prevent the case from going forward on the trial date or will otherwise prejudice any party, and any past continuances of the trial date. (See Code Civ. Proc., § 2024.050, subd. (b).)

Plaintiff stipulates to continue the discovery cut-off with respect to expert depositions, and to continue the deadline for fact-based discovery with respect to the deposition of witness Sharon Cerda (“Cerda”). (Opposition to Motion to Continue Discovery and Motion Cut-off Deadlines, pp. 5-6.) Plaintiff opposes any further opening of discovery. Defendant’s motion is not a model of clarity, as it is unclear why Defendant is seeking to extend fact discovery. Therefore, the Court grants the motion in part and denies the motion in part. Expert discovery, as well as the deposition of Sharon Cerda, is extended based upon the new trial date. Fact discovery shall remain closed except for the deposition of Sharon Cerda. Defendant shall provide notice and file proof of such with the Court.

DATED: November 5. 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court