Estate of Raphael Harper v. CVS Pharmacy, Inc., et al
Estate of Raphael Harper v. CVS Pharmacy, Inc., et al
Case Number
24CV00873
Case Type
Hearing Date / Time
Wed, 07/16/2025 - 10:00
Nature of Proceedings
1) Mtn for Terminating and Monetary Sanctions; 2) Mtn for Order Deeming Admitted Longs’ Req for Admission, Set 2, to Raquel Harper; Req For Monetary Sanctions; 3) Mtn for Order Deeming Admitted Longs’ Req for Admission, Set 2, to Estate of Raphael Harper
Tentative Ruling
For Plaintiffs Raquel Harper and The Estate of Raphael Harper: Daniel Moossai
For Defendant Longs Drug Stores California, LLC: James J. Yukevich, Raymond H. Hua, Matthew H. Conley, Yukevich Cavanaugh
For Defendant 2973 State Street, LLC: Craig A. Parton, Kristen M. Blabey, Jeff F. Tchakarov, Price, Postel & Parma LLP
RULING
- The motions are continued to August 6, 2025.
- Counsel for Longs Drug Stores California, LLC shall serve all other parties with this order, including Plaintiffs and Plaintiffs’ counsel of record, Daniel Moossai, and file proof of service with the Court no later than July 21, 2025.
Background
On February 16, 2024, Plaintiffs Raquel Harper, as successor in interest to decedent Raphael Harper (Raphael), and the Estate of Raphael Harper (collectively “Plaintiffs”), filed a complaint against Defendants CVS Pharmacy, Inc. (CVS), and 2973 State Street LLC (State Street), (collectively, “Defendants”), alleging two causes of action for general negligence and premises liability. (Note: Due to common surnames, the Court will refer to Raphael Harper individually by his first name. No disrespect is intended.)
As alleged in the Judicial Council form complaint, on February 16, 2022, Raphael was walking within Defendants’ premises when, suddenly and without warning, the wheels on the shopping cart Raphael was pushing adhered or stuck to an unknown substance on the floor, causing Raphael to fall forward and sustain injuries. (Compl., GN-1 & Prem.L-1.)
On April 25, 2024, Longs Drug Stores California, LLC, (Longs), answered the complaint, generally denying its allegations and asserting twenty-five affirmative defenses. In its answer, Longs asserts that it was erroneously sued as CVS.
On May 24, 2024, State Street answered the complaint and filed a cross-complaint against Longs asserting six causes of action for breach of contract, and equitable and declaratory relief. State Street dismissed its cross-complaint, without prejudice, on August 16, 2024.
Following other discovery disputes, and orders resulting therefrom, on January 28, 2025, Longs filed motions for orders deeming requests for admissions admitted.
On February 25, 2025, Longs filed a motion for terminating sanctions.
On February 26, 2025, Plaintiffs’ counsel filed motions to be relieved as counsel for Plaintiffs.
All the hearings were eventually scheduled for hearing on April 9, 2025. At that hearing, the motions to be relieved as counsel were granted and the remaining matters were given a continued hearing date of June 11, 2025, for Plaintiffs to retain new counsel.
The orders granting the motions to be relieved as counsel specifically state that they are “effective upon the filing of the proof of service of this signed order upon the client.” This requirement was also stated in the tentative ruling. Plaintiffs’ counsel did not file a proof of service of the signed orders. As such, he is still Plaintiffs’ counsel of record.
On June 11, 2025, the hearings on the present motions were rescheduled to July 16, 2025. Plaintiffs’ counsel was not served with the notice of continuance. Because he is still counsel of record, due to his failure to serve the required proof of service of the order relieving him as counsel, the hearing will again be continued for proper service.
Also, Plaintiffs should be aware that the Estate of Raphael Harper, as an entity, must be represented by a licensed attorney. (See Bus. & Prof. Code, § 6125; Estate of Sanchez (2023) 95 Cal.App.5th 331, 340.) Should the Estate not obtain new legal counsel, it could have serious negative impacts on the Estate’s action.