This case was last updated from Los Angeles County Superior Courts on 01/31/2020 at 03:45:14 (UTC).

PAOLA ALAVEZ VS LAURA NAJERA MENDOZA ET AL

Case Summary

On 04/03/2018 PAOLA ALAVEZ filed a Personal Injury - Other Personal Injury lawsuit against LAURA NAJERA MENDOZA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is LAURA A. SEIGLE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0649

  • Filing Date:

    04/03/2018

  • 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 Judge

LAURA A. SEIGLE

 

Party Details

Plaintiff and Petitioner

ALAVEZ PAOLA

Defendants and Respondents

MENDOZA LAURA NAJERA

DOES 1 TO 25

MENDOZA REVOCABLE LIVING TRUST

Guardian Ad Litem

ALAVEZ-FELIPE JUVENCIO

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

ZEYTUNTSYAN ANDREW ESQ.

 

Court Documents

Motion for Terminating Sanctions

12/27/2019: Motion for Terminating Sanctions

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

1/21/2020: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL

9/24/2019: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL)

9/24/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL)

Motion to Deem RFA's Admitted

7/24/2019: Motion to Deem RFA's Admitted

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

7/24/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

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

7/24/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DISCOVERY (NOT "FURTHER DISCOVERY"))

8/27/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DISCOVERY (NOT "FURTHER DISCOVERY"))

Notice - NOTICE NOTICE OF PROOF OF PAYMENT

9/3/2019: Notice - NOTICE NOTICE OF PROOF OF PAYMENT

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

9/16/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

DEFENDANT'S ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES

5/22/2018: DEFENDANT'S ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES

ORDER ON COURT FEE WAIVER -

5/24/2018: ORDER ON COURT FEE WAIVER -

ORDER ON COURT FEE WAIVER -

6/5/2018: ORDER ON COURT FEE WAIVER -

PROOF OF SERVICE SUMMONS -

5/3/2018: PROOF OF SERVICE SUMMONS -

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

4/11/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

SUMMONS -

4/13/2018: SUMMONS -

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL - EX PARTE

4/25/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL - EX PARTE

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

4/3/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

6 More Documents Available

 

Docket Entries

  • 04/02/2021
  • Hearing04/02/2021 at 08:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; : OSC RE Dismissal

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  • 02/04/2020
  • Hearing02/04/2020 at 08:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 01/31/2020
  • Hearing01/31/2020 at 13:30 PM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Terminating Sanctions

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  • 01/31/2020
  • Hearing01/31/2020 at 10:00 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 01/24/2020
  • Docketat 1:30 PM in Department 4B; Hearing on Motion for Terminating Sanctions - Not Held - Rescheduled by Party

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  • 01/21/2020
  • Docketat 10:00 AM in Department 27, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Continued - Court's Motion

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  • 01/21/2020
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 12/27/2019
  • DocketMotion for Terminating Sanctions; Filed by Paola Alavez (Plaintiff)

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  • 10/02/2019
  • Docketat 08:30 AM in Department 4B; Jury Trial - Not Held - Continued - Party's Motion

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  • 09/24/2019
  • Docketat 10:00 AM in Department 4B; Final Status Conference - Not Held - Continued - Party's Motion

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20 More Docket Entries
  • 05/03/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 04/25/2018
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL - EX PARTE

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  • 04/25/2018
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 04/13/2018
  • DocketSUMMONS

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  • 04/13/2018
  • DocketSummons Issued; Filed by Clerk

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  • 04/13/2018
  • DocketSummons; Filed by Clerk

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  • 04/11/2018
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

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  • 04/11/2018
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 04/03/2018
  • DocketComplaint; Filed by Paola Alavez (Plaintiff)

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  • 04/03/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC700649    Hearing Date: January 31, 2020    Dept: 27

[TENATIVE] ORDER RE MOTION FOR TERMINATING SANCTIONS

On April 3, 2018, Plaintiff filed this action against Defendants Laura Najera Mendoza and Mendoza Revocable Living Trust alleging negligence based on Defendants’ dog attacking Plaintiff.

On February 7, 2019, Plaintiff served Form Interrogatories, Special Interrogatories, Demands for Production of Documents, and Requests for Admission on Defendant Mendoza. Responses were due on March 14, 2019. Defendant Mendoza did not respond, and Plaintiff filed motions to compel and a motion to deem the Requests for Admission  admitted. Defendant Mendoza did not oppose the motions. On August 27, 2019, the Court granted the motions to compel, ordered the RFAs deemed admitted, and ordered Defendant Mendoza to serve verified responses without objection within 20 days of the date of the order. The Court ordered Plaintiff to give notice of the ruling.

On December 27, 2019, Plaintiff filed a motion for terminating sanctions. Plaintiff’s counsel states he gave notice of the August 27, 2019 ruling that same day and attaches a Notice of Hearing with a proof of service showing the notice was mailed on August 27, 2019 to Defendants. Plaintiff contends Defendants did not comply with the order and asks for terminating sanctions. Defendants did not oppose the motion.

In effect, Plaintiff is requesting that the Court strike Defendants’ answer and allow Plaintiff to proceed by default. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1519.) However, before a court can strike an answer as terminating sanctions, enter default and allow a plaintiff to seek a default judgment, the plaintiff must show that it served a statement of damages on the defendant. Plaintiff has not shown that here. Accordingly, the Court cannot grant the requested sanctions.  The Motion is DENIED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative.