This case was last updated from Los Angeles County Superior Courts on 12/03/2021 at 08:44:02 (UTC).

SHOKOH MEHRSAZ VS VONS GROCERY STORE

Case Summary

On 03/06/2017 SHOKOH MEHRSAZ filed a Personal Injury - Other Personal Injury lawsuit against VONS GROCERY STORE. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judges overseeing this case are MICHAEL E. WHITAKER and FREDERICK C. SHALLER. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2771

  • Filing Date:

    03/06/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MICHAEL E. WHITAKER

FREDERICK C. SHALLER

 

Party Details

Plaintiff

MEHRSAZ SHOKOH

Defendants

VONS GROCERY STORE

JANITORIAL EQUIPMENT SERVICES INC. DBA

DENLOW DAVE DOE 1

Cross Plaintiff

VONS COMPANIES INC. THE

Attorney/Law Firm Details

Plaintiff Attorney

BROCK CAMERON Y.

Defendant Attorney

BOOTH JASON M. ESQ.

Cross Plaintiff Attorney

STONE GREGORY EDWARD ESQ.

 

Court Documents

Notice of Settlement

5/29/2019: Notice of Settlement

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

5/29/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

12/10/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

Motion re: - MOTION RE: NOTICE OF MOTION AND MOTION OF DEFENDANT TO REOPEN DISCOVERY; MEMORANDUM OF POINTS AND AUTHORITIES THEREOF; AND DECLARATION OF AMY W. LEWIS

2/18/2020: Motion re: - MOTION RE: NOTICE OF MOTION AND MOTION OF DEFENDANT TO REOPEN DISCOVERY; MEMORANDUM OF POINTS AND AUTHORITIES THEREOF; AND DECLARATION OF AMY W. LEWIS

Opposition - OPPOSITION TO MOTION TO REOPEN DISCOVERY

3/12/2020: Opposition - OPPOSITION TO MOTION TO REOPEN DISCOVERY

Minute Order - MINUTE ORDER (COURT ORDER: MOTION TO RE-OPEN DISCOVERY)

3/20/2020: Minute Order - MINUTE ORDER (COURT ORDER: MOTION TO RE-OPEN DISCOVERY)

Reply - REPLY DEFENDANTS REPLY TO PLAINTIFFS OPPOSITION TO DEFENDANTS NOTICE OF MOTION AND MOTION TO REOPEN DISCOVERY

3/20/2020: Reply - REPLY DEFENDANTS REPLY TO PLAINTIFFS OPPOSITION TO DEFENDANTS NOTICE OF MOTION AND MOTION TO REOPEN DISCOVERY

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER: MOTION TO RE-OPEN DISCOVERY) OF 03/20/2020

3/20/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER: MOTION TO RE-OPEN DISCOVERY) OF 03/20/2020

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/21/2020

4/21/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/21/2020

Minute Order - MINUTE ORDER (COURT ORDER)

4/21/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER MOTION TO RE-OPEN DISCOVERY; TRIAL ...)

8/10/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER MOTION TO RE-OPEN DISCOVERY; TRIAL ...)

Notice of Ruling

8/11/2020: Notice of Ruling

Notice - NOTICE NOTICE OF CONTINUANCE OF HEARING ON DEFENDANTS MOTIONS IN LIMINE

8/12/2021: Notice - NOTICE NOTICE OF CONTINUANCE OF HEARING ON DEFENDANTS MOTIONS IN LIMINE

Opposition - OPPOSITION TO MOTION IN LIMINE NO. 4

8/17/2021: Opposition - OPPOSITION TO MOTION IN LIMINE NO. 4

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

9/9/2021: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Notice of Settlement

9/9/2021: Notice of Settlement

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

10/27/2021: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY

7/17/2018: ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY

50 More Documents Available

 

Docket Entries

  • 12/06/2021
  • Hearing12/06/2021 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 10/27/2021
  • Docketat 08:30 AM in Department 32, Michael E. Whitaker, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Continued - Stipulation

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  • 10/27/2021
  • DocketMinute Order ( (Order to Show Cause Re: Dismissal (Settlement))); Filed by Clerk

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  • 09/23/2021
  • Docketat 08:30 AM in Department 32, Michael E. Whitaker, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 09/09/2021
  • Docketat 10:00 AM in Department 32, Michael E. Whitaker, Presiding; Final Status Conference - Not Held - Taken Off Calendar by Court

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  • 09/09/2021
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 09/09/2021
  • DocketNotice of Settlement; Filed by Shokoh Mehrsaz (Plaintiff)

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  • 08/17/2021
  • DocketOpposition (to Motion in Limine No. 4); Filed by Shokoh Mehrsaz (Plaintiff)

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  • 08/12/2021
  • DocketNotice (NOTICE OF CONTINUANCE OF HEARING ON DEFENDANTS MOTIONS IN LIMINE); Filed by Vons Grocery Store (Defendant)

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  • 08/11/2020
  • DocketNotice of Ruling; Filed by Vons Grocery Store (Defendant)

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84 More Docket Entries
  • 05/12/2017
  • DocketCross-Complaint; Filed by Vons Companies Inc., The (Cross-Complainant)

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  • 05/12/2017
  • DocketSummons on Cross Complaint

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  • 05/12/2017
  • DocketDEFENDANT THE VONS COMPANIES, INC.'S ANSWER TO PLAINTIFF'S UNVERIFIED COMPLAINT; DEMAND FOR JURY TRIAL

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  • 05/12/2017
  • DocketSummons; Filed by Vons Companies Inc., The (Cross-Complainant)

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  • 05/12/2017
  • DocketCROSS-COMPLAINT OF THE VONS COMPANIES, INC. FOR DECLARATORY RELIEF; EXPRESS AND IMPLIED INDEMNITY; CONTRIBUTION AND APPORTIONMENT

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  • 03/15/2017
  • DocketProof-Service/Summons; Filed by Shokoh Mehrsaz (Plaintiff)

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  • 03/15/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 03/06/2017
  • DocketSUMMONS

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  • 03/06/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 03/06/2017
  • DocketComplaint; Filed by Shokoh Mehrsaz (Plaintiff)

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Tentative Rulings

Case Number: ****2771    Hearing Date: August 10, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

shokoh mehrsaz,

Plaintiff,

v.

vons grocery store,

Defendant.

Case No.: ****2771

Hearing Date: August 10, 2020

[TENTATIVE] order RE:

Defendant’s motion to re-open discovery

NOTICE

Department #32 will be dark for motions on August 10, 2020.  The parties are ordered to email the Court’s clerk at SSCDept32@lacourt.org to inform the clerk whether they are submitting on the Court’s tentative or whether they are requesting a hearing.  If any party requests a hearing, one will be scheduled.  If the parties do not email the Court’s clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue.

TENTATIVE ORDER

Defendant Vons Grocery Store (“Defendant”) moves to re-open discovery for the purpose of completing expert discovery that was noticed prior to the parties’ settlement agreement, which Plaintiff refused to sign. Plaintiff Shokoh Mehrsaz (“Plaintiff”) opposes the motion. 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).)

Defendant relies on a declaration of its counsel, Amy W. Lewis (“Lewis”). Lewis states that Defendant noticed the deposition of Plaintiff’s retained expert, Brad Avrit (“Avrit”), for May 17, 2019. (Declaration of Amy W. Lewis, Exhibit A.) However, the parties were engaged in settlement negotiations, and the parties agreed that Avrit’s deposition would not proceed on that date. The parties then reached a settlement on May 21, 2019. (Declaration of Amy W. Lewis, ¶ 6.) On December 10, 2019, Plaintiff’s counsel informed the Court that his client had “buyer’s remorse and no longer wanted to settle her claim.” (Plaintiff’s Opposition, p. 2:1-3.) Defendant re-noticed Avrit’s deposition on December 11, 2019, but Plaintiff has refused to produce Avrit on the basis that discovery is closed. (Declaration of Amy W. Lewis, ¶¶ 9-12.)

Defendant has shown good cause to reopen discovery. Defendant timely noticed the deposition of Avrit, but withdrew the notice based upon the settlement. Defendant has shown good cause to take the deposition, now that Plaintiff has reneged on the settlement agreement. Simply, Plaintiff is responsible for the deposition not having been completed within the expert discovery period and having been re-noticed after the cutoff.

Plaintiff’s counsel argues that Defendant’s counsel opposed reopening discovery at the hearing on December 10, 2019, so she has waived the right to seek to do so now. Plaintiff’s counsel is incorrect and misunderstands what occurred at that hearing. Plaintiff’s counsel wanted to reopen discovery in its entirety, and Defendant’s counsel wanted to reopen discovery on a limited basis. Because there was no stipulation, the Court kept discovery closed and told the parties to meet-and-confer and file motions if necessary. Defendant has now filed a motion to seek the order she requested at that hearing. Therefore, there has been no waiver.

CONCLUSION AND ORDER

Defendant’s motion to reopen expert discovery to take the deposition of Brad Avrit is granted. The deposition shall occur within thirty (30) days unless the parties stipulate to a different date. The Court sets the following dates:

Final Status Conference: September 9, 2021, at 10:00 a.m.

Trial: September 23, 2021, at 8:30 a.m.

The discovery and motions cut-offs shall remain closed except as noted by this order. Defendant shall provide notice and file proof of such with the Court.

DATED: August 10, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court



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