This case was last updated from Los Angeles County Superior Courts on 02/10/2021 at 06:52:31 (UTC).

KEITH ROGERS, ET AL. VS COUNTY OF LOS ANGELES, ET AL.

Case Summary

On 03/29/2019 KEITH ROGERS filed a Personal Injury - Motor Vehicle lawsuit against COUNTY OF LOS ANGELES. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3152

  • Filing Date:

    03/29/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiffs

PAYTON MIESHA

ROGERS KEITH

Defendants

FLORES DANIEL

COUNTY OF LOS ANGELES

Attorney/Law Firm Details

Plaintiff Attorney

BERSHATSKI ERIC S

Defendant Attorney

THOMAS ALLEN

 

Court Documents

Motion for Order (name extension) - Motion for Order Notice of Motion and Motion for Order Appointing Plaintiff Miesha Payton as Successor in Interest to Plaintiff/Decedent Keith Rogers

1/6/2021: Motion for Order (name extension) - Motion for Order Notice of Motion and Motion for Order Appointing Plaintiff Miesha Payton as Successor in Interest to Plaintiff/Decedent Keith Rogers

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

3/27/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Motion to Quash - Motion to Quash

4/9/2020: Motion to Quash - Motion to Quash

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

4/9/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Exhibit List - Exhibit List

4/28/2020: Exhibit List - Exhibit List

Separate Statement - Separate Statement

4/28/2020: Separate Statement - Separate Statement

Motion for Summary Judgment - Motion for Summary Judgment

4/28/2020: Motion for Summary Judgment - Motion for Summary Judgment

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

5/12/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice of Continuance of Motion for Summary Judgment

5/14/2020: Notice (name extension) - Notice of Continuance of Motion for Summary Judgment

Minute Order - Minute Order (Hearing on Ex Parte Application FOR AN ORDER CONTINUING (1) H...)

7/29/2020: Minute Order - Minute Order (Hearing on Ex Parte Application FOR AN ORDER CONTINUING (1) H...)

Ex Parte Application (name extension) - Ex Parte Application FOR AN ORDER CONTINUING (1) HEARING ON DEFENDANTS MOTION FOR SUMMARY JUDGMENT, (2) HEARINGS ON PLAINTIFFS MOTIONS TO QUASH DEPOSITION SUB

7/29/2020: Ex Parte Application (name extension) - Ex Parte Application FOR AN ORDER CONTINUING (1) HEARING ON DEFENDANTS MOTION FOR SUMMARY JUDGMENT, (2) HEARINGS ON PLAINTIFFS MOTIONS TO QUASH DEPOSITION SUB

Order (name extension) - Order on Plaintiff Miesha Payton's Ex Parte Application for an Order to Continue hearings

7/29/2020: Order (name extension) - Order on Plaintiff Miesha Payton's Ex Parte Application for an Order to Continue hearings

Notice of Ruling - Notice of Ruling

7/29/2020: Notice of Ruling - Notice of Ruling

Answer - Answer

5/6/2019: Answer - Answer

Complaint - Complaint

3/29/2019: Complaint - Complaint

Summons - Summons on Complaint

3/29/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

3/29/2019: First Amended Standing Order - First Amended Standing Order

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

3/29/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

11 More Documents Available

 

Docket Entries

  • 04/01/2022
  • Hearing04/01/2022 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 06/02/2021
  • Hearing06/02/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 04/01/2021
  • Hearing04/01/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Quash (name extension)

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  • 04/01/2021
  • Hearing04/01/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Quash (name extension)

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  • 04/01/2021
  • Hearing04/01/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Summary Judgment

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  • 01/07/2021
  • DocketHearing on Motion for Order Appointing Plaintiff Miesha Payton as Plaintiff Keith Rogers?s Successor In Interest Pursuant to Cal. Code Civ. Proc. Sec. 377.31 scheduled for 02/08/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 01/06/2021
  • DocketMotion for Order Notice of Motion and Motion for Order Appointing Plaintiff Miesha Payton as Successor in Interest to Plaintiff/Decedent Keith Rogers; Filed by: MIESHA PAYTON (Plaintiff)

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  • 07/29/2020
  • DocketEx Parte Application FOR AN ORDER CONTINUING (1) HEARING ON DEFENDANT?S MOTION FOR SUMMARY JUDGMENT, (2) HEARINGS ON PLAINTIFFS? MOTIONS TO QUASH DEPOSITION SUBPOENAS FOR PRODUCTION OF BUSINESS RECORDS AND (3) TRIAL DATE; Signed and Filed by: MIESHA PAYTON (Plaintiff); As to: KEITH ROGERS (Plaintiff); MIESHA PAYTON (Plaintiff); COUNTY OF LOS ANGELES (Defendant)

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  • 07/29/2020
  • DocketUpdated -- Ex Parte Application FOR AN ORDER CONTINUING (1) HEARING ON DEFENDANT?S MOTION FOR SUMMARY JUDGMENT, (2) HEARINGS ON PLAINTIFFS? MOTIONS TO QUASH DEPOSITION SUBPOENAS FOR PRODUCTION OF BUSINESS RECORDS AND (3) TRIAL DATE: As To Parties changed from COUNTY OF LOS ANGELES (Defendant), MIESHA PAYTON (Plaintiff), KEITH ROGERS (Plaintiff) to KEITH ROGERS (Plaintiff), MIESHA PAYTON (Plaintiff), COUNTY OF LOS ANGELES (Defendant)

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  • 07/29/2020
  • DocketUpdated -- Ex Parte Application FOR AN ORDER CONTINUING (1) HEARING ON DEFENDANT?S MOTION FOR SUMMARY JUDGMENT, (2) HEARINGS ON PLAINTIFFS? MOTIONS TO QUASH DEPOSITION SUBPOENAS FOR PRODUCTION OF BUSINESS RECORDS AND (3) TRIAL DATE: As To Parties changed from MIESHA PAYTON (Plaintiff), KEITH ROGERS (Plaintiff), COUNTY OF LOS ANGELES (Defendant) to COUNTY OF LOS ANGELES (Defendant), KEITH ROGERS (Plaintiff), MIESHA PAYTON (Plaintiff); Status changed from Signed and Filed to Filed

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29 More Docket Entries
  • 05/06/2019
  • DocketAnswer; Filed by: COUNTY OF LOS ANGELES (Defendant); As to: KEITH ROGERS (Plaintiff); MIESHA PAYTON (Plaintiff)

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  • 04/02/2019
  • DocketNon-Jury Trial scheduled for 09/25/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/02/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/01/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/02/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 03/29/2019
  • DocketComplaint; Filed by: KEITH ROGERS (Plaintiff); MIESHA PAYTON (Plaintiff); As to: MIESHA PAYTON (Plaintiff); COUNTY OF LOS ANGELES (Defendant); DANIEL FLORES (Defendant)

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  • 03/29/2019
  • DocketDemand for Jury Trial; Filed by: KEITH ROGERS (Plaintiff); MIESHA PAYTON (Plaintiff); As to: MIESHA PAYTON (Plaintiff); COUNTY OF LOS ANGELES (Defendant); DANIEL FLORES (Defendant)

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  • 03/29/2019
  • DocketCivil Case Cover Sheet; Filed by: KEITH ROGERS (Plaintiff); MIESHA PAYTON (Plaintiff); As to: MIESHA PAYTON (Plaintiff); COUNTY OF LOS ANGELES (Defendant); DANIEL FLORES (Defendant)

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  • 03/29/2019
  • DocketSummons on Complaint; Issued and Filed by: KEITH ROGERS (Plaintiff); As to: MIESHA PAYTON (Plaintiff); COUNTY OF LOS ANGELES (Defendant); DANIEL FLORES (Defendant)

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  • 03/29/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/29/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC03152    Hearing Date: February 08, 2021    Dept: 25

HEARING DATE: Mon., February 8, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Rogers, et al. v. County of Los Angeles, et al.

CASE NUMBER: 19STLC03152 COMP. FILED: 03-29-19

NOTICE: OK DISC. C/O: 05-03-21

DISC. MOT. C/O: 05-18-21

TRIAL DATE: 06-02-21

PROCEEDINGS: MOTION FOR ORDER APPOINTING PLAINTIFF MIESHA PAYTON AS SUCCESSOR IN INTEREST TO PLAINTIFF/DECEDENT KEITH ROGERS

MOVING PARTY: Plaintiff Miesha Payton

RESP. PARTY: None

MOTION TO SUBSTITUTE SUCCESSOR-IN-INTEREST

(CCP § 377.32)

TENTATIVE RULING:

Plaintiff Miesha Payton’s Motion for Order Appointing her as Successor in Interest to Plaintiff/Decedent Keith Rogers is CONTINUED TO APRIL 12, 2021 AT 10:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff Payton must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of February 4, 2021 [ ] Late [X] None

REPLY: None filed as of February 4, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On March 29, 2021, Plaintiffs Keith Rogers (“Rogers”) and Miesha Payton (“Payton”) (collectively, “Plaintiffs”) filed an action for general negligence and motor vehicle against Defendants County of Los Angeles (“County”) and Daniel Flores (“Flores”).

On January 6, 2021, Plaintiff Payton filed the instant Motion for Order Appointing Plaintiff Payton as Successor in Interest to Plaintiff/Decedent Keith Rogers (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard

“Except as otherwise provided by statute, a cause of action for or against a person is not lost by reason of the person’s death, but survives subject to the applicable limitations period.” (Code Civ. Proc., § 377.20, subd. (a).) “On motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent’s personal representative or, if none, by the decedent’s successor in interest.” (Code Civ. Proc., § 377.31.)

Code of Civil Procedure section 377.32 provides:

“(a) The person who seeks to commence an action or proceeding or to continue a pending action or proceeding as the decedent's successor in interest under this article, shall execute and file an affidavit or a declaration under penalty of perjury under the laws of this state stating all of the following:

(1) The decedent's name.

(2) The date and place of the decedent's death.

(3) “No proceeding is now pending in California for administration of the decedent's estate.”

(4) If the decedent's estate was administered, a copy of the final order showing the distribution of the decedent's cause of action to the successor in interest.

(5) Either of the following, as appropriate, with facts in support thereof:

(A) “The affiant or declarant is the decedent's successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) and succeeds to the decedent's interest in the action or proceeding.”

(B) “The affiant or declarant is authorized to act on behalf of the decedent's successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) with respect to the decedent's interest in the action or proceeding.”

(6) “No other person has a superior right to commence the action or proceeding or to be substituted for the decedent in the pending action or proceeding.”

(7) “The affiant or declarant affirms or declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.”

(b) Where more than one person executes the affidavit or declaration under this section, the statements required by subdivision (a) shall be modified as appropriate to reflect that fact.

(c) A certified copy of the decedent’s death certificate shall be attached to the affidavit or declaration.”

  1. Discussion

As decedent Plaintiff Rogers’ surviving spouse, Plaintiff Payton seeks an order appointing her as Plaintiff Rogers’ successor in interest. (Mot., p. 2:2-12; Payton Decl., ¶ 6, Exh. A.)

Having reviewed the attached declaration, the Court finds it does not meet the content requirements of Code of Civil Procedure section 377.32. Plaintiff Peyton is ordered to file and serve supplemental papers that satisfy the requirements of Section 377.32.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Miesha Payton’s Motion for Order Appointing her as Successor in Interest to Plaintiff/Decedent Keith Rogers is CONTINUED TO APRIL 12, 2021 AT 10:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff Payton must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.

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