Motion_for_new_trialMotionCal. Super. - 2nd Dist.April 26, 2018Electronically FILED by Superior Court of California, County of Los Angeles on 04/24/2020 02:55 PM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Soto,Deputy Clerk MATERN LAW GROUP, PC OO 0 NN O N Un BA W N = NN N N N N N N N mm e m e m p m em p m e m p m e m pe ~N O N n t A W N = O 0 0 0 N D N A N = Oo 28 1230 ROSECRANS AVENUE, STE 200 MANHATTAN BEACH, CA 90266 MATERN LAW GROUP, PC Matthew J. Matern (SBN 159798) mmatern @maternlawgroup.com Joshua D. Boxer (SBN 226712) jboxer @matyernlawgroup.com Dalia R. Khalili (SBN 253840) dkhalili @ maternlawgroup.com Irina A. Kirnosova (SBN 312565) ikirnosova@maternlawgroup.com 1230 Rosecrans Avenue, Suite 200 Manhattan Beach, CA 90266 Telephone: (310) 531-1900 Facsimile: (310) 531-1901 Attorneys for Plaintiff EUNICES ARGUETA SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES EUNICES ARGUETA, an individual, Plaintiff, Vv. WORLDWIDE FLIGHT SERVICES, INC, a Delaware corporation; DZUNG NGUYEN, an individual; and DOES 1 through 50, inclusive, Defendants. Case No. BC703825 [Assigned for all purposes to Hon. Monica Bachner, Dept. 71] PLAINTIFF’S NOTICE OF MOTION FOR NEW TRIAL Date: TBD Time: TBD Dept: 71 Action Filed: Trial Date: April 26, 2018 January 21, 2020 PLAINTIFF'S NOTICE OF MOTION FOR NEW TRIAL OO 0 NN O N Un BA W N = NN N N N N N N N mm e m e m p m em p m e m p m e m pe ~N O N n t A W N = O 0 0 0 N D N A N = Oo 28 MATERN LAW GROUP, PC 1230 ROSECRANS AVENUE, STE 200 MANHATTAN BEACH, CA 90266 TO THE COURT, DEFENDANTS, AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on a date and time set by the court, in Department 71 of the above-entitled court located at 111 North Hill Street, Los Angeles, California 90012, Plaintiff Eunices Argueta (“Plaintiff”) will, and hereby does, move the Court for an order granting her a new trial. This motion will be heard at a time and place to be set by the Court pursuant to Code of Civil Procedures Section 661. This motion will be made on each and all of the following grounds, which materially affected the substantial rights of the moving party: (1) Irregularity in the proceedings of the Court (CCP § 657 (1)); (2) Irregularity in the proceedings caused by Plaintiff's counsel CCP § 657 (1)); (3) Improper orders of the Court (CCP § 657 (1)); (4) Abuse of discretion by the Court (CCP § 657 (1)); (5) Misconduct of the jury (CCP § 657 (2)); (6) Accident or surprise, which ordinary prudence could not have guarded against (CCP § 657 (3)); (7) The evidence was insufficient to justify the "verdict" (CCP § 657 (6)); (8) The "verdict" is contrary to law (CCP § 657 (6)); and (9) Error in law occurring at the trial and objected to by the moving party (CCP § 657(7)). The motion will be based on this Notice; the evidence presented at trial, all pleadings, papers and records in this action; the minutes of the Court; and a memorandum of points and authorities to be filed and served within the time permitted by California Rule of Court 3.1600. The motion will also be based on declarations supporting the first through eight grounds enumerated above as required by Code of Civil Procedure Section 658, to be filed and served within the time permitted by Code of Civil Procedure Section 659a. 1" I" 1" 2 PLAINTIFF'S NOTICE OF MOTION FOR NEW TRIAL 1 | DATED: April 24, 2020 Respectfully submitted, 2 MATERN LAW GROUP, PC wlhonesans 4 By: on MATTHEW J. MATERN 5 DALIA R. KHALILI JOSHUA D. BOXER 6 IRINA A. KIRNOSOVA Attorneys for Plaintiff EUNICES ARGUETA 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MATERN LAW GROUP, PC 1230 ROSECRANS 3 PLAINTIFF'S NOTICE OF MOTION FOR NEW AVENUE, STE 200 TRIAL MANHATTAN BEACH, CA 90266 MATERN LAW GROUP, PC OO 0 NN O N Un BA W N = NN N N N N N N N mm e m e m p m em p m e m p m e m pe ~N O N n t A W N = O 0 0 0 N D N A N = Oo 28 1230 ROSECRANS AVENUE, STE 200 MANHATTAN BEACH, CA 90266 PROOF OF SERVICE I am employed in the County of Los Angeles, State of California. I am over the age of 18 years, and not a party to this action. My business address is 1230 Rosecrans Avenue, Suite 200, Manhattan Beach, California, 90266. On April 24, 2020, I served the following document described as: PLAINTIFF’S NOTICE OF MOTION FOR NEW TRIAL Xx ONLY BY ELECTRONIC TRANSMISSION. E-mailing the document(s) to the persons at the e-mail address(es) listed during the Coronavirus (COVID-19) pandemic, in accordance with Emergency Rule 12 approved by the Judicial Council of California on April 17, 2020, as this office will be primarily working remotely, unable to send physical mail as usual, and is therefore using only electronic mail. We will assume our email service was successful on the date of transmission unless we receive an electronic message or other indication that the transmission was not received on that date. HOWARD & HOWARD ATTORNEYS PLLC | Attorneys for Defendant WORLDWIDE Robert L. Rosenthal, Esq. FLIGHT SERVICES, INC. Ryan A. Ellis, Esq. 2049 Century Park East, Suite 330 Los Angeles, CA 90067 Telephone: (424) 303-7700 Facsimile: (424) 274-3202 Email: re@h2law.com rir@h2law.com I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on April 24, 2020 at Los Angeles, California. Kaitlyn Alexander 2 PLAINTIFF'S NOTICE OF MOTION FOR NEW TRIAL
