On 02/24/2017 RICK VANN filed a Personal Injury - Motor Vehicle lawsuit against MAURY GILES. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.
****1693
02/24/2017
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
GEORGINA T. RIZK
SOUN LAURA
VANN RICK
GILES MAURY
DOES 1 TO 20
AUKLAND ANDREW ESQ
CHIDI ELIZABETH MKPAYAH
8/10/2018: Minute Order
10/11/2018: Minute Order
11/5/2018: Proof of Personal Service
1/3/2019: Answer
1/8/2019: Minute Order
5/30/2019: Notice of Posting of Jury Fees
2/24/2017: SUMMONS
2/24/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
Notice of Posting of Jury Fees; Filed by Maury Giles (Defendant)
at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Order to Show Cause Re: Failure to File Proof of Service - Held
Minute Order ((Order to Show Cause Re: Failure to File Proof of Service Tri...)); Filed by Clerk
Answer; Filed by Maury Giles (Defendant)
Demand for Jury Trial; Filed by Maury Giles (Defendant)
Proof of Personal Service; Filed by Rick Vann (Plaintiff)
at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Order to Show Cause Re: Failure to File Proof of Service - Held - Continued
Minute Order ((Order to Show Cause Re: Failure to File Proof of Service)); Filed by Clerk
Minute order entered: 2018-10-11 00:00:00; Filed by Clerk
at 08:30 AM in Department 2; Jury Trial (Jury Trial; Advanced to a Previous Date) -
at 10:00 AM in Department 2; Final Status Conference - Held
Minute Order
Minute order entered: 2018-08-10 00:00:00; Filed by Clerk
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
Complaint; Filed by Rick Vann (Plaintiff); Laura Soun (Plaintiff)
SUMMONS
Case Number: BC651693 Hearing Date: February 06, 2020 Dept: 2
Vann et al. v. Giles
Defendant’s Motion for Terminating Sanctions for Failure to Obey Court Orders and for Monetary Sanctions filed on 9/30/19 is DENIED without prejudice.
On 7/31/19, the Court granted Defendant’s motions to compel Plaintiffs’ responses to discovery. Motion, Ex. A. Plaintiffs were ordered to provide verified responses within 30 days and pay sanctions of $1,200 to Defendant. Id. Defendant served a Notice of Ruling on Plaintiffs on 7/31/19. Id. Plaintiffs did not comply with the Court’s order. Declaration of Elizabeth Chidi, ¶ 9.
Defendant now
seeks terminating sanctions. The Court is extremely troubled by Plaintiffs’
failure to comply with the Court’s order. 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. Department of Forestry & Fire Protection v. Howell (2017) 18 Cal. App. 5th 154,
191-92. 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 $555.00 against Plaintiffs to be
paid within 30 days.
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.
Case Number: BC651693 Hearing Date: December 04, 2019 Dept: 2
BC651693 Vann, et al v. Giles
On the court’s own motion, the hearing on the Motion for Terminating Sanctions set for 12/4/19 is continued to 1/6/2020 at 1:30 p.m. in Department SS-2. The due date for the opposition and reply is based on the original hearing date.