Estate of Harper; Raquel Harper Successor-in-Interest of Decedent Raphael Harper v. CVS Pharmacy Inc.

Case Number

24CV00873

Case Type

Hearing Date / Time

Wed, 06/11/2025 - 10:00

Nature of Proceedings

Unopposed Motions of Longs Drug Stores

Tentative Ruling

Daniel Moossai the previous attorney for Plaintiff.

Plaintiff is self-represented.

James Yukevich, Raymond Hua, Matthew Conley for Defendant Longs.

Karen M. Brockenbrow for Defendant, 2973 State Street.

RULING

The case is DISMISSED with prejudice. The Trial dates and the MSC date are vacated. Counsel for Defendant Longs to give notice and file a POS.

Analysis

These are unopposed motions of Longs Drug Stores California LLC (1) for termination and monetary sanctions, (2) for an order deeming admitted Longs’ request for admissions to Raquel Harper and for monetary sanctions, and (3) for an order deeming admitted Longs’ requests for admission to Estate of Raphael Harper, and for monetary sanctions.

These motions were continued from April 9, 2025. On April 9, 2025, the Court granted plaintiffs’ counsel’s motions to be relieved as counsel. In that ruling, the Court ordered counsel to serve plaintiffs and all other parties with a copy of the order granting the motion and that order relieving counsel would not be effective until the proof of service is filed.

On 6/11/25 [Proposed] Orders were submitted. The minute order of April 9 states that plaintiffs were advised that the last day to serve and file opposition to these discovery motions was May 29 and that if no opposition had been filed and served by that date, the hearings would proceed based on the moving papers. No opposition or other papers have been filed since April 9.

Under these circumstances the case should be dismissed with prejudice.