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  • Paramjit Kaur vs. Freshco Food Center23 Unlimited - Other PI/PD/WD document preview
  • Paramjit Kaur vs. Freshco Food Center23 Unlimited - Other PI/PD/WD document preview
  • Paramjit Kaur vs. Freshco Food Center23 Unlimited - Other PI/PD/WD document preview
  • Paramjit Kaur vs. Freshco Food Center23 Unlimited - Other PI/PD/WD document preview
  • Paramjit Kaur vs. Freshco Food Center23 Unlimited - Other PI/PD/WD document preview
  • Paramjit Kaur vs. Freshco Food Center23 Unlimited - Other PI/PD/WD document preview
  • Paramjit Kaur vs. Freshco Food Center23 Unlimited - Other PI/PD/WD document preview
  • Paramjit Kaur vs. Freshco Food Center23 Unlimited - Other PI/PD/WD document preview
						
                                

Preview

KEVIN PIEKUT (SBN 185353) E-FILED LAW OFFICE OF PENNY S. MOORE 3/15/2021 8:38 AM 677 West Palmdon Drive, Suite 106 Superior Court of California Fresno, California 93704 Phone: (559) 436-1753 County of Fresno Facsimile: (855) 866-7834 By: E Alvarado, Deputy Email: piekutk@nationwide.com Attorneys for Defendant, FRESH VALLEY INC. dba FRESHCO FOOD CENTER SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO 10 11 PARAMJIT KAUR, Case No.: 20CECG00815 12 Plaintiff, POINTS AND AUTHORITIES IN 13 VS. SUPPORT OF DEFENDANT’S EX PARTE APPLICATION FOR ORDER 14 FRESHCO FOOD CENTER, SHORTENING TIME FOR HEARING ON DEFENDANT’S MOTION TO 15 Defendants. CONTINUE TRIAL 16 DATE: March 18, 2021 TIME: 3:30 P.M. 17 DEPT: 403 18 Complaint filed: March 04, 2020 Trial Date: May 10, 2021 19 Dept.: 403 Judge: Hon. Kristi C Kapetan 20 21 INTRODUCTION 22 Plaintiff claims that she suffered an injury on March 10, 2018, while she was shopping at 23 Defendant’s store. This is a negligence action in which the plaintiff seeks damages based on said 24 incident. Among other things, the Defendant disputes the nature and extent of the Plaintiffs 25 claimed injuries. That said, this is not a complicated case. However, the Plaintiff's refusal to 26 comply with her discovery obligations has caused numerous delays and the need to request court 27 intervention for the fourth time now. Ultimately, the Plaintiff's refusal to comply with her 28 MM 1 Kaur v. Freshco Food Center Memorandum in Support of Ex Parte Case No. 20CECG00815 20-003725 Application discovery obligations has prejudiced the Defendant’s ability to defend itself and to prepare for trial. To summarize where things stand, the Defendant appeared by answer on May 4, 2020. A routine set of discovery (form interrogatories, special interrogatories and a request for production of documents) was served on the Plaintiff, who completely ignored her obligation to respond to any of it. On July 17, 2020, the Defendant served its Motion to Compel. On October 20, 2020, the court issued its order granting the Motion to Compel and imposing monetary sanctions on the Plaintiff. After that, the Plaintiff continued to ignore her obligations to the court, forcing the Defendant to spin its wheels even further. The Defendant filed a Motion for Terminating Sanctions 10 after first getting an ex parte order to have that motion heard on short notice. The Ex Parte was 1 heard on Feb 2, 2021, and the Motion for Terminating Sanctions was heard on February 24, 2021. 12 At the hearing on February 24, the court denied the request for terminating sanctions, giving the 13 Plaintiff 30 more days “to respond to ALL outstanding discovery ....” However, at the February 14 24 hearing, counsel for Defendant asked the court to vacate the May 10, 2021, trial date on the 15 grounds that the Plaintiff's intransigence had prejudiced the Defendant’s ability to get this matter 16 ready for trial. The court agreed to vacate the trial date but then did not do so when it issued its 17 February 24, 2021, order. 18 On the assumption that the court forgot to address the issue of the trial continuance, the 19 Defendant now must move to have the trial and related dates continued. However, the soonest 20 the court can hear a motion to continue trial (by regularly noticed motion) is April 7, 2021. The 21 Defendant has already suffered prejudice by having to come to court time and again to deal with 22 the Plaintiff's delays. It is an expensive and time - consuming proposition to have to come to court 23 time and again just because a party won’t comply with her discovery obligations. The prejudice 24 would be deepened if the question of whether the trial will be continued remains up in the air until 25 right before the trial - - a trial that Defendant is not ready for because the Plaintiff has thumbed 26 her nose at the discovery process. 27 Il 28 Il 2 Kaur v. Freshco Food Center Memorandum in Support of Ex Parte Case No. 20CECG00815 20-003725 Application AUTHORITY FOR APPLICATION Under Code of Civil Procedure Section 1005, the Court, or a judge thereof, may prescribe a shorter time for the Notice of motions and for service and filing of moving and supporting papers. As stated, the Defendant has already suffered prejudice by having to come to court time and again to deal with the Plaintiff’s delays. It is an expensive and time - consuming proposition to have to come to court time and again just because a party won’t comply with her discovery obligations. The prejudice would be deepened if the question of whether the trial will be continued remains up in the air until right before the trial --- a trial that defendant is not ready for because the Plaintiff has thumbed her nose at the discovery process. 10 CONCLUSION 1 Based on the foregoing defendant respectfully requests that the court grant this ex parte 12 application and schedule a hearing date on the Motion to Continue Trial as soon as possible. 13 14 Dated: March 15, 2021 LAW OFFICE OFE . MOORE 15 16 f______ 17 Attome efendant, FRESH VALLEY INC. dba FRESHCO FOOD CENTER 18 19 20 21 22 23 24 25 26 27 28 3 Kaur v. Freshco Food Center Memorandum in Support of Ex Parte Case No. 20CECG00815 20-003725 Application PROOF OF SERVICE I, the undersigned, declare that I am, and was at the time of the service hereinafter mentioned, over the age of 18 years and not 677 West Palmdon Dnive, Suite 106, Fresno, States and employed in Fresno, Califomia. a Califo mia to the within action. My business address 93704; I am a citizen of the United is On the date indicated below, I served as follows a true copy of the foregoing: POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT’S EX PARTE APPLICATION FOR ORDER IR. IN DEFENDANT’S MOTION TO CONTINUE TRIAL BY U.S. MAIL: postage thereon fi California, addresse uhd.laced prepaid, in th a true co yy thereof enclosed in a sealed envelope with e United States Post Office mail at Fresno, as set forth below. By personally delivering, or causing to be delivered, a true copy thereof to the person at the address(es) set forth below. 10 1 adres ising (es) a true copy thereof to be delivered to the party or parties at the listed below, by and/or through the services of: 12 X FedEx Priority Overnight —_____ Express Mail 13 FAX telecopied (followed by First Class Mail) —_____ —_____ Via Email to the Addresses ist Below 14 Pro Se: 15 Paramjit Kaur 16 3165 West Shields Ave., Apt 213 Fresno, CA 93722 17 T: (559) 260-1758 18 I am familiar with the business practice of LAW OFFICE OF PENNY S. MOORE with regard to collection and processing of documents for mailing with the United States Postal Service. 19 The documents described above were sealed and placed for collection and mailing on the date stated below. Pursuant to said business practices, documents were deposited with the United States 20 Postal Service in Fresno, California, that same day in the ordinary course of business. 21 Executed on March 15, 2021, in Fresno, California. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 22 23 a essica D) eee CONF 24 Jessica Dominguez 25 26 27 28 4 Kaur v. Freshco Food Center Memorandum in Support of Ex Parte Case No. 20CECG00815 20-003725 Application ORIGIN ID:TRMA (559) 436-1753 SHIP DATE: 15MAR21 JESSICA DOMIN' NATION! CAD; 109278538/INET4340 677 WEST PALMDON DRIVE, SUITE 106 FRESNO, CA 93704 BILL SENDER UNITED STATES US To PARAMJIT KAUR 3165 WEST SHIELDS AVE., APT 213 FRESNO CA 93722 i 260-1758 REF: 190401 DEPT: 20-003725 | I TAT HHMI MI WTA AY ee Il thal i} 1 bt ae i TUE - 16 MAR 12:00P PRIORITY OVERNIGHT toot] 7731 4792 2380 RES 93722 i WC TRMA VMNI CA-US FAT 56 os S= Es Ee < a6 2 ge ae 2 ge <2 aoe as53 SEs £2 Bao Ene ce ace fag coe £22 ees 5 Bo grou fon