This case was last updated from Los Angeles County Superior Courts on 10/18/2020 at 07:58:10 (UTC).

PAMELA DE SOMOV VS BACK2HEALTH REHAB SERVICES INC ET AL

Case Summary

On 01/10/2018 PAMELA DE SOMOV filed a Personal Injury - Other Personal Injury lawsuit against BACK2HEALTH REHAB SERVICES INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are ELAINE LU, STEPHEN I. GOORVITCH and SAMANTHA JESSNER. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9550

  • Filing Date:

    01/10/2018

  • 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

Judge Details

Presiding Judges

ELAINE LU

STEPHEN I. GOORVITCH

SAMANTHA JESSNER

 

Party Details

Plaintiffs, Petitioners and Cross Defendants

DE SOMOV PAMELA

NILES JOSEPH WESTON

Defendants, Respondents and Cross Defendants

DOES 1-50 INCLUSIVE

NILES JOSEPH WESTON

BACK2HEALTH REHAB SERVICES INC.

NOVOTNY IAN

SHUT VLADISLAV

BACK 2 HEALTH PHYSICAL THERAPY & AQUATIC REHABILITATION DBA BACK TO HEALTH PHYSICAL THERAPY

SHUT IRENA

Defendants and Cross Plaintiffs

NOVOTNY IAN

SHUT VLADISLAV

SHUT IRENA

BACK2 HEALTH PHYSICAL THERAPY INC. A CALIFORNIA CORPORATION

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

CARR JAMES P. ESQ.

MCELFISH RAYMOND DAVID

Defendant and Cross Plaintiff Attorneys

MILLER DAVID SCOTT

DONAHOE TIMOTHY CULLUM

Plaintiff and Cross Defendant Attorney

MCELFISH RAYMOND DAVID

 

Court Documents

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL FURTHER DISCOVERY RESPONSES TO AN...)

9/30/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL FURTHER DISCOVERY RESPONSES TO AN...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION TO COMPEL FURTHER DISCOVERY RESPONSES TO AN...) OF 09/30/2020

9/30/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION TO COMPEL FURTHER DISCOVERY RESPONSES TO AN...) OF 09/30/2020

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

8/19/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 06/08/2020

6/8/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 06/08/2020

Minute Order - MINUTE ORDER (COURT ORDER)

6/8/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Motion to Compel Further Discovery Responses

6/8/2020: Motion to Compel Further Discovery Responses

Motion to Be Relieved as Counsel

6/12/2020: Motion to Be Relieved as Counsel

Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

6/12/2020: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

Motion to Be Relieved as Counsel

6/15/2020: Motion to Be Relieved as Counsel

Notice - NOTICE NOTICE OF CONTINUANCE OF HEARINGS

6/17/2020: Notice - NOTICE NOTICE OF CONTINUANCE OF HEARINGS

Minute Order - MINUTE ORDER (INFORMAL DISCOVERY CONFERENCE (IDC))

3/13/2020: Minute Order - MINUTE ORDER (INFORMAL DISCOVERY CONFERENCE (IDC))

Request for Entry of Default / Judgment

1/16/2020: Request for Entry of Default / Judgment

Amendment to Complaint (Fictitious/Incorrect Name)

9/24/2019: Amendment to Complaint (Fictitious/Incorrect Name)

Amendment to Complaint (Fictitious/Incorrect Name)

9/24/2019: Amendment to Complaint (Fictitious/Incorrect Name)

Amendment to Complaint (Fictitious/Incorrect Name)

9/24/2019: Amendment to Complaint (Fictitious/Incorrect Name)

Substitution of Attorney

6/25/2019: Substitution of Attorney

Civil Case Cover Sheet -

1/10/2018: Civil Case Cover Sheet -

Summons -

1/10/2018: Summons -

36 More Documents Available

 

Docket Entries

  • 01/28/2021
  • Hearing01/28/2021 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 01/13/2021
  • Hearing01/13/2021 at 10:00 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 12/10/2020
  • Hearing12/10/2020 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 12/04/2020
  • Hearing12/04/2020 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 09/30/2020
  • Docketat 10:00 AM in Department 32, Stephen I. Goorvitch, Presiding; Hearing on Motion to Compel Further Discovery Responses (TO REQUESTS FOR ADMISSION PROPOUNDED TO PLAINTIFF; REQUEST FOR MONETARY SANCTIONS) - Held - Motion Granted

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  • 09/30/2020
  • Docketat 10:00 AM in Department 32, Stephen I. Goorvitch, Presiding; Hearing on Motion to Compel Further Discovery Responses (TO AND PRODUCTION OF DOCUMENTS) - Held - Motion Granted

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  • 09/30/2020
  • DocketMinute Order ( (Hearing on Motion to Compel Further Discovery Responses TO AN...)); Filed by Clerk

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  • 09/30/2020
  • DocketCertificate of Mailing for ((Hearing on Motion to Compel Further Discovery Responses TO AN...) of 09/30/2020); Filed by Clerk

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  • 08/19/2020
  • DocketMotion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion; Filed by Irena Shut (Cross-Complainant)

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  • 08/19/2020
  • DocketMotion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion; Filed by Irena Shut (Cross-Complainant)

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50 More Docket Entries
  • 06/13/2018
  • DocketNotice; Filed by Pamela De Somov (Plaintiff)

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  • 06/13/2018
  • DocketSubstitution of Attorney; Filed by Pamela De Somov (Plaintiff)

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  • 05/11/2018
  • DocketMotion to Be Relieved as Counsel

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  • 05/11/2018
  • DocketMotion to Be Relieved as Counsel; Filed by Pamela De Somov (Plaintiff)

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  • 05/11/2018
  • DocketDeclaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

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  • 05/11/2018
  • DocketDeclaration; Filed by Pamela De Somov (Plaintiff)

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  • 01/10/2018
  • DocketCivil Case Cover Sheet

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  • 01/10/2018
  • DocketComplaint; Filed by Pamela De Somov (Plaintiff)

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  • 01/10/2018
  • DocketComplaint

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  • 01/10/2018
  • DocketSummons; Filed by Pamela De Somov (Plaintiff)

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Tentative Rulings

Case Number: BC689550    Hearing Date: September 30, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

PAMELA DE SOMOV,

Plaintiff,

v.

BACK2HEALTH REHAB SERVICES, INC., et al.,

Defendants.

Case No.: BC689550

Hearing Date: September 30, 2020

[TENTATIVE] order RE:

motions to compel FURTHER DISCOVERY RESPONSES

NOTICE

The Court posts this tentative two days before the hearing. Any party who does not appear at the hearing shall waive their right to be heard and shall submit to this tentative order. The Court authorizes the parties to appear remotely via LACourtConnect.

TENTATIVE ORDER

Plaintiff Pamela De Somov (“Plaintiff”) filed this action against Back2Health Rehab Services, Inc., Vladislav Shut, Irena Shut, and Ian Novotny (“Defendants”), asserting causes of action for: (1) sexual battery, (2) false imprisonment, (3) gender violence, (4) intentional infliction of emotional distress, (5) negligent hiring, supervision, training and retention, and (6) violation of the Ralph Act. Defendants now seek to compel further responses to certain Requests for Production of Documents and Requests for Admission.

Defendants seek to compel further responses to Requests for Production #1 through #6. Plaintiff responded to each request as follows: “Plaintiff will comply with this request and will produce documents once documents become available.” That is not a code-compliant response. Pursuant to Code of Civil Procedure sections 2031.220 and 2031.230, Plaintiff must provide a Statement of Compliance or a Statement of Inability to Comply. If the latter, Plaintiff must provide the information listed in section 2031.230. Therefore, Defendants’ motion is granted.

Defendants also seek to compel further responses to certain Requests for Admission. The Court overrules Plaintiff’s objections and orders Plaintiff to provide further responses in compliance with Code of Civil Procedure section 2033.220.

Defendants request sanctions in the total amount of $2,185. The Court finds that sanctions are warranted, as Plaintiff’s responses constitute an abuse of the discovery process. Therefore, the Court orders Plaintiff to pay sanctions to Defendants, through their counsel, in the amount of $ 1,370 based upon five hours of attorney time at a rate of $250 per hour plus two filing fees of $60 each.

CONCLUSION AND ORDER

Defendants’ motions to compel further responses are granted. Plaintiff shall provide further responses—with verifications and without objections—to the Requests for Production of Documents and Requests for Admission identified in Defendants’ motions within thirty (30) days of notice of this order. The Court orders Plaintiff to pay sanctions in the amount of $1,370 within thirty (30) days of notice of this order. Defendants shall provide notice and file proof of such with the Court.

DATED: September 30, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court