This case was last updated from Los Angeles County Superior Courts on 06/04/2019 at 05:49:37 (UTC).

SUSAN FINSTER VS RALPHS GROCERY COMPANY

Case Summary

On 07/28/2017 SUSAN FINSTER filed a Personal Injury - Other Personal Injury lawsuit against RALPHS GROCERY COMPANY. 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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0371

  • Filing Date:

    07/28/2017

  • 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 Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff and Petitioner

FINSTER SUSAN

Defendants and Respondents

RALPHS GROCERY COMPANY

DOES 1 TO 10

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

O'CONNOR MICHAEL P. ESQ.

Defendant and Respondent Attorney

D'ORO FRANK J.

 

Court Documents

Stipulation to Continue Trial/FSC [and Related Motion/Discovery Dates] Personal Injury Courts Only (Department 91, 92, 93, 97)

9/21/2018: Stipulation to Continue Trial/FSC [and Related Motion/Discovery Dates] Personal Injury Courts Only (Department 91, 92, 93, 97)

Stipulation to Continue Trial/FSC [and Related Motion/Discovery Dates] Personal Injury Courts Only (Department 91, 92, 93, 97)

4/15/2019: Stipulation to Continue Trial/FSC [and Related Motion/Discovery Dates] Personal Injury Courts Only (Department 91, 92, 93, 97)

Unknown

5/9/2018: Unknown

Unknown

7/20/2018: Unknown

NOTICE OF CHANGE OF ADDRESS

12/8/2017: NOTICE OF CHANGE OF ADDRESS

ANSWER OF HUGHES MARKETS, INC. DBA RALPHS TO COMPLAINT; DEMAND FOR JURY TRIAL

10/13/2017: ANSWER OF HUGHES MARKETS, INC. DBA RALPHS TO COMPLAINT; DEMAND FOR JURY TRIAL

Unknown

10/30/2017: Unknown

PROOF OF SERVICE SUMMONS

9/18/2017: PROOF OF SERVICE SUMMONS

SUMMONS

7/28/2017: SUMMONS

COMPLAINT FOR PERSONAL INJURIES, NEGLIGENCE AND PREMISES LIABILITY; DEMAND FOR JURY TRIAL

7/28/2017: COMPLAINT FOR PERSONAL INJURIES, NEGLIGENCE AND PREMISES LIABILITY; DEMAND FOR JURY TRIAL

 

Docket Entries

  • 05/31/2019
  • at 10:00 AM in Department 2, Georgina T. Rizk, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 04/15/2019
  • [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by HUGHES MARKETS, INC. dba RALPHS Erroneously Sued As Ralphs Grocery Company (Defendant)

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  • 09/21/2018
  • [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by HUGHES MARKETS, INC. dba RALPHS Erroneously Sued As Ralphs Grocery Company (Defendant)

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  • 07/20/2018
  • Receipt; Filed by HUGHES MARKETS, INC. dba RALPHS Erroneously Sued As Ralphs Grocery Company (Defendant)

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  • 07/20/2018
  • CIVIL DEPOSIT

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  • 05/09/2018
  • CIVIL DEPOSIT

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  • 05/09/2018
  • Receipt; Filed by Susan Finster (Plaintiff)

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  • 12/08/2017
  • Notice of Change of Address or Other Contact Information; Filed by HUGHES MARKETS, INC. dba RALPHS Erroneously Sued As Ralphs Grocery Company (Defendant)

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  • 12/08/2017
  • NOTICE OF CHANGE OF ADDRESS

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  • 10/30/2017
  • Notice of Change of Address

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  • 10/30/2017
  • Notice of Change of Address or Other Contact Information; Filed by Defendant/Respondent

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  • 10/13/2017
  • ANSWER OF HUGHES MARKETS, INC. DBA RALPHS TO COMPLAINT; DEMAND FOR JURY TRIAL

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  • 10/13/2017
  • Answer; Filed by HUGHES MARKETS, INC. dba RALPHS Erroneously Sued As Ralphs Grocery Company (Defendant)

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  • 09/18/2017
  • PROOF OF SERVICE SUMMONS

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  • 09/18/2017
  • Proof-Service/Summons; Filed by Susan Finster (Plaintiff)

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  • 07/28/2017
  • Complaint; Filed by Susan Finster (Plaintiff)

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  • 07/28/2017
  • SUMMONS

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  • 07/28/2017
  • COMPLAINT FOR PERSONAL INJURIES, NEGLIGENCE AND PREMISES LIABILITY; DEMAND FOR JURY TRIAL

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Tentative Rulings

Case Number: BC670371    Hearing Date: February 24, 2020    Dept: 29

Motion to Continue Trial filed by Defendant Hughes Markets, Inc. dba Ralphs (erroneously sued as Ralphs Grocery Company) is DENIED. Cal. Rule of Ct. Rule 3.1332.

“The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.” Cal. Rule of Ct. Rule 3.1332. Here, good cause has not been shown. The case was filed on 7/28/2017. Trial was originally set for 1/28/2019; the court has granted four continuances. Trial is now set for April 1, 2020, which is two years and eight months after the case was filed.

The parties seek a continuance so that they can participate in mediation. The mediation is scheduled for March 18, 2020, which is before the trial date. The parties seek to avoid further litigation expenses while exploring settlement options.

The desire to avoid litigation expenses while attempting to settle the case does not provide good cause for a continuance. The parties must diligently prepare for trial, including completion of expert discovery, even if they are hopeful that the case will settle. If the parties had wished to mediate before incurring the costs of expert discovery, the parties should have scheduled the mediation far in advance of the trial date.

In the complaint, Plaintiff alleges that she slipped and fell in Defendant’s supermarket, and asserts claims for negligence and premises liability. There is nothing in the record that indicates that there are any complex legal or factual issues that would give rise to the need for an extended time to prepare for trial.

The Court has considered these and other factors in the current and prior ex parte papers and elsewhere in the record and, in the exercise of its discretion, concludes that a trial continuance is not warranted.

Moving party is ordered to give notice.

Case Number: BC670371    Hearing Date: October 30, 2019    Dept: 2

Finster  vs.  Ralphs Grocery Company

Defendant's Motion to Continue Trial, filed on 10/07/2019 is GRANTED.

The unavailability of trial counsel because of illness warrants this trial continuance. The Court notes that the moving party states that it is unknown whether Mr. D'Oro will be returning full time after recovery.  The parties should not expect the Court to grant further continuances based on Mr. D'Oro's inability to return to work.  Rather, the Court is granting the continuance so that new counsel can get up to speed in the event that Mr. D'Oro's condition prohibits his return to work.

The Court sets the following dates:

FSC:  March 17, 2020

Trial:  April 1, 2020

The motion and discovery cut-offs will be calculated by reference to the new trial date.

The Moving Party is ordered to give notice.

Case Number: BC670371    Hearing Date: October 29, 2019    Dept: 2

Finster v. Ralphs Grocery Store

Defendant's Motion to Continue Trial, filed on 10/7/2019 is GRANTED.

The unavailability of trial counsel because of illness warrants this trial continuance. The Court notes that the moving party states that it is unknown whether Mr. D'Oro will be returning full time after recovery.  The parties should not expect the Court to grant further continuances based on Mr. D'Oro's inability to return to work.  Rather, the Court is granting the continuance so that new counsel can get up to speed in the event that Mr. D'Oro's condition prohibits his return to work.

The Court sets the following dates:

FSC:  March 17, 2020

Trial:  April 1, 2020