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This case was last updated from Los Angeles County Superior Courts on 11/07/2019 at 00:42:04 (UTC).

RICHARD NAVARRO VS ST FRANCIS MEDICAL CENTER

Case Summary

On 07/24/2017 RICHARD NAVARRO filed a Personal Injury - Other Personal Injury lawsuit against ST FRANCIS MEDICAL CENTER. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are MARC D. GROSS, RICHARD J. BURDGE JR. and JON R. TAKASUGI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9695

  • Filing Date:

    07/24/2017

  • 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

MARC D. GROSS

RICHARD J. BURDGE JR.

JON R. TAKASUGI

 

Party Details

Plaintiff and Petitioner

NAVARRO RICHARD

Defendants and Respondents

ST FRANCIS MEDICAL CENTER

DOES 1 TO 10

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

ALLISON JASON J.

Defendant and Respondent Attorneys

RYAN RICHARD J. ESQ.

MAIZEL SAMUEL RUVEN

JINNAH AHMED

 

Court Documents

Affidavit - AFFIDAVIT STATUS CONFERENCE STATEMENT RE BANKRUPTCY

10/22/2019: Affidavit - AFFIDAVIT STATUS CONFERENCE STATEMENT RE BANKRUPTCY

Minute Order - MINUTE ORDER (STATUS CONFERENCE RE: BANKRUPTCY)

11/5/2019: Minute Order - MINUTE ORDER (STATUS CONFERENCE RE: BANKRUPTCY)

Minute Order - MINUTE ORDER (STATUS CONFERENCE RE: BANKRUPTCY)

7/10/2019: Minute Order - MINUTE ORDER (STATUS CONFERENCE RE: BANKRUPTCY)

Request for Refund / Order

5/10/2019: Request for Refund / Order

Legacy Document -

9/27/2018: Legacy Document -

NOTICE OF MOTION AND MOTION OF DEFENDANT ST. FRANCIS MEDICAL CENTER FOR AN ORDER THAT THE TRUTH OF REQUESTS FOR ADMISSION BE DEEMED ADMITTED; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JEFFR

2/6/2018: NOTICE OF MOTION AND MOTION OF DEFENDANT ST. FRANCIS MEDICAL CENTER FOR AN ORDER THAT THE TRUTH OF REQUESTS FOR ADMISSION BE DEEMED ADMITTED; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JEFFR

NOTICE OF CONTINUATION OF HEARING DATE ON DEFENDANT ST. FRANCIS MEDICAL CENTER'S MOTION TO COMPEL RESPONSES AND DOCUMENTS FROM PLAINTIFF RICHARD NAVARRO TO FORM INTERROGATORIES, SPECIAL INTERROGATORIE

4/3/2018: NOTICE OF CONTINUATION OF HEARING DATE ON DEFENDANT ST. FRANCIS MEDICAL CENTER'S MOTION TO COMPEL RESPONSES AND DOCUMENTS FROM PLAINTIFF RICHARD NAVARRO TO FORM INTERROGATORIES, SPECIAL INTERROGATORIE

CIVIL DEPOSIT -

5/23/2018: CIVIL DEPOSIT -

ORDER CONDITIONALLY GRANTING DEFENDANTS UNOPPOSED MOTIONS TO COMPEL AND MOTION TO DEEM RFAS ADMITTED

5/23/2018: ORDER CONDITIONALLY GRANTING DEFENDANTS UNOPPOSED MOTIONS TO COMPEL AND MOTION TO DEEM RFAS ADMITTED

Minute Order -

5/23/2018: Minute Order -

NOTICE OF RULING RE:HEARING ON DEFENDANT ST.FRANCIS MEDICAL CENTERS MOTION TO COMPEL RESPONSES AND DOCUMENTS FROM PLAINTIFFS RICHARD NAVARRO TO FORM INTERROGATORIES;AND ETC.

5/31/2018: NOTICE OF RULING RE:HEARING ON DEFENDANT ST.FRANCIS MEDICAL CENTERS MOTION TO COMPEL RESPONSES AND DOCUMENTS FROM PLAINTIFFS RICHARD NAVARRO TO FORM INTERROGATORIES;AND ETC.

NOTICE OF CHANGE OF ADDRESS (SUITE NUMBER)

10/16/2017: NOTICE OF CHANGE OF ADDRESS (SUITE NUMBER)

CIVIL DEPOSIT -

9/1/2017: CIVIL DEPOSIT -

DECLARATION OF TRIAL ATTORNEY, PURSUANT TO SECTION 9 OF THE CALIFORNIA RULES OF COURT, JUDICIAL ADMINISTRATIONS STANDARDS

9/1/2017: DECLARATION OF TRIAL ATTORNEY, PURSUANT TO SECTION 9 OF THE CALIFORNIA RULES OF COURT, JUDICIAL ADMINISTRATIONS STANDARDS

DEMAND FOR JURY TRIAL

9/1/2017: DEMAND FOR JURY TRIAL

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

7/24/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

SUMMONS -

7/24/2017: SUMMONS -

PROOF OF SERVICE BY MAIL

8/8/2017: PROOF OF SERVICE BY MAIL

17 More Documents Available

 

Docket Entries

  • 05/06/2020
  • Hearing05/06/2020 at 08:30 AM in Department 3 at 312 North Spring Street, Los Angeles, CA 90012; Status Conference Re: Bankruptcy

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  • 11/05/2019
  • Docketat 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Status Conference Re: Bankruptcy - Held - Continued

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  • 11/05/2019
  • DocketMinute Order ( (Status Conference Re: Bankruptcy)); Filed by Clerk

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  • 10/22/2019
  • DocketAffidavit (STATUS CONFERENCE STATEMENT RE BANKRUPTCY); Filed by St Francis Medical Center (Defendant)

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  • 07/12/2019
  • DocketNotice (NOTICE OF FURTHER STATUS CONFERENCE RE BANKRUPTCY); Filed by St Francis Medical Center (Defendant)

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  • 07/10/2019
  • Docketat 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Status Conference Re: Bankruptcy - Not Held - Continued - Court's Motion

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  • 07/10/2019
  • DocketMinute Order ( (Status Conference Re: Bankruptcy)); Filed by Clerk

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  • 06/28/2019
  • DocketAffidavit (STATUS CONFERENCE STATEMENT RE BANKRUPTCY); Filed by St Francis Medical Center (Defendant)

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  • 05/10/2019
  • DocketRequest for Refund / Order; Filed by St Francis Medical Center (Defendant)

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  • 03/11/2019
  • Docketat 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Status Conference Re: Bankruptcy - Not Held - Continued - Court's Motion

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38 More Docket Entries
  • 09/01/2017
  • DocketCIVIL DEPOSIT

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  • 09/01/2017
  • DocketDECLARATION OF TRIAL ATTORNEY, PURSUANT TO SECTION 9 OF THE CALIFORNIA RULES OF COURT, JUDICIAL ADMINISTRATIONS STANDARDS

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  • 09/01/2017
  • DocketAnswer; Filed by Defendant/Respondent

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  • 08/08/2017
  • DocketProof-Service/Summons; Filed by Richard Navarro (Plaintiff)

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  • 08/08/2017
  • DocketPROOF OF SERVICE SUMMONS & COMPLAINT

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  • 08/08/2017
  • DocketProof of Service (not Summons and Complaint); Filed by Richard Navarro (Plaintiff)

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  • 08/08/2017
  • DocketPROOF OF SERVICE BY MAIL

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  • 07/24/2017
  • DocketSUMMONS

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  • 07/24/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 07/24/2017
  • DocketComplaint; Filed by Richard Navarro (Plaintiff)

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Tentative Rulings

Case Number: BC669695    Hearing Date: April 2, 2021    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

RICHARD NAVARRO,

Plaintiff(s),

vs.

ST FRANCIS MEDICAL CENTER, ET AL.,

Defendant(s).

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CASE NO: BC669695

[TENTATIVE] ORDER GRANTING UNOPPOSED MOTION FOR TERMINATING SANCTIONS

Dept. 31

1:30 p.m.

April 2, 2021

  1. Background

    Plaintiff, Richard Navarro filed this action against Defendant, St. Francis Medical Center (“Defendant”) for premises liability. The complaint alleges a third-party attacked Plaintiff while Plaintiff was waiting in Defendant’s lobby.

    Defendant moves for terminating sanctions against Plaintiff dismissing Plaintiff’s complaint.

    On 9/10/18, Defendant filed a Notice of Stay of Proceedings notifying the court that on 8/31/18, Defendant filed a Voluntary Bankruptcy Petition in in the United States Bankruptcy Court - Central District of California, under Chapter 11 of the Bankruptcy Code. [Case No. 2:18-bk-20165-ER]. On 10/2/20, Defendant filed a Notice of Effective Plan of Liquidation providing, which identified 9/4/20 as the effective date of the plan, which Defendant asserts resolved the bankruptcy.

    The court held a Status Conference re: Bankruptcy on 1/27/21, where Plaintiff did not appear. The court set an Order to Show Cause re: Dismissal for Failure to File Proof of Claim in Defendant's Bankruptcy for 3/29/21. (Min. Order 1/27/21.) Due to the fact the court was unavailable on this date, the court continued the OSC to 4/2/21, with the Court Clerk giving notice.

  2. Motion for Terminating Sanctions

    Defendant moves for terminating sanctions against Plaintiff dismissing Plaintiff’s complaint because of Plaintiff’s misuse of the discovery process by failing to serve responses to initial discovery and failing to comply with the court’s 5/23/18 order pertaining to Defendant’s motion to compel initial responses to the subject discovery. Defendant further requests monetary sanctions of $1,085.00 against Plaintiff and Plaintiff’s counsel.

    Code of Civil Procedure § 2023.030 gives the court the discretion to impose sanctions against anyone engaging in a misuse of the discovery process. A court may impose terminating sanctions by striking pleadings of the party engaged in misuse of discovery or entering default judgment. (Code Civ. Proc., § 2023.030(d).) A violation of a discovery order is sufficient for the imposition of terminating sanctions. (Collison & Kaplan v. Hartunian (1994) 21 Cal.App.4th 1611, 1620.) Terminating sanctions are appropriate when a party persists in disobeying the court's orders. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 795-796.)

    A terminating sanction is a "drastic measure which should be employed with caution." (Deyo, 84 Cal.App.3d at 793.) "A decision to order terminating sanctions should not be made lightly. But where a violation is willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the discovery rules, the trial court is justified in imposing the ultimate sanction." (Mileikowsky v. Tenet Healthsystem (2005) 128 Cal.App.4th 262, 279-280.) While the court has discretion to impose terminating sanctions, these sanctions "should be appropriate to the dereliction and should not exceed that which is required to protect the interests of the party entitled to but denied discovery." (Deyo, 84 Cal.App.3d at 793.) "[A] court is empowered to apply the ultimate sanction against a litigant who persists in the outright refusal to comply with his discovery obligations." (Ibid.) Discovery sanctions are not to be imposed for punishment, but instead are used to encourage fair disclosure of discovery to prevent unfairness resulting for the lack of information. (See Midwife v. Bernal (1988) 203 Cal.App.3d 57, 64 [superseded on other grounds as stated in Kohan v. Cohan (1991) 229 Cal.App.3d 967, 971].)

    Here, Defendant submits evidence showing Plaintiff has failed to comply with the discovery requests. Moreover, a brief review of the prior motion reveals that the discovery at issue goes to the crux of Plaintiff’s claim, and therefore an issue or evidentiary sanction would be tantamount to a terminating sanction. Further, Plaintiff does not oppose this motion and appears to have abandoned the case.

    Based on the foregoing, terminating sanctions are imposed at this time.

    Defendant also seeks monetary sanctions in connection with this motion. However, the Court finds imposition of terminating sanctions sufficient to meet the ends of justice at this time and does not find imposition of additional monetary sanctions necessary.

    Defendant is ordered to give notice.

    Parties who intend to submit on this tentative must send an email to the court at sscdept31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear remotely. The court is not available to hear oral argument on this date. If the parties do not submit on the tentative and want oral argument, the hearing will have to be continued, and the parties must work with the clerk to find an available date for the continuance.

    Dated this 2nd day of April, 2021

Hon. Thomas D. Long

Judge of the Superior Court

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