This case was last updated from Los Angeles County Superior Courts on 08/20/2020 at 21:45:00 (UTC).

WESTFIELD INSURANCE COMPANY VS GREAT CENTRAL TRANSPORT, INC.

Case Summary

On 01/29/2018 WESTFIELD INSURANCE COMPANY filed a Personal Injury - Other Personal Injury lawsuit against GREAT CENTRAL TRANSPORT, INC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is ELAINE LU. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1578

  • Filing Date:

    01/29/2018

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

ELAINE LU

 

Party Details

Plaintiffs

WESTFIELD INSURANCE COMPANY

WESTFIELD GROUP INSURANCE

Defendants

GREAT CENTRAL TRANSPORT INC.

GREAT CENTRAL TRANSPORT INC

Attorney/Law Firm Details

Plaintiff Attorneys

MENDELSON LEE MICHAEL

MENDELSON LEE M

Defendant Attorneys

KERBS MICHAEL GERALD

KERBS MICHAEL

 

Court Documents

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

1/27/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Request for Dismissal - Request for Dismissal

2/21/2020: Request for Dismissal - Request for Dismissal

Stipulation and Order (name extension) - Stipulation and Order for Continuance of Trial Date

7/18/2019: Stipulation and Order (name extension) - Stipulation and Order for Continuance of Trial Date

Declaration (name extension) - Declaration in support of motion to consolidate actions

3/5/2019: Declaration (name extension) - Declaration in support of motion to consolidate actions

Minute Order - Minute Order (Hearing on Motion to Consolidate)

4/30/2019: Minute Order - Minute Order (Hearing on Motion to Consolidate)

Certificate of Mailing for - Certificate of Mailing for Minute Order (Hearing on Motion to Consolidate) of 04/30/2019

4/30/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Hearing on Motion to Consolidate) of 04/30/2019

Notice of Ruling - Notice of Ruling

4/30/2019: Notice of Ruling - Notice of Ruling

Motion to Compel (name extension) - Motion to Compel Attendance at Deposition

6/7/2019: Motion to Compel (name extension) - Motion to Compel Attendance at Deposition

Memorandum of Points & Authorities - Memorandum of Points & Authorities

6/7/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

6/18/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Declaration (name extension) - Declaration Declaration ISO Motion to Compel

6/18/2019: Declaration (name extension) - Declaration Declaration ISO Motion to Compel

Memorandum (name extension) - Memorandum Memorandum of Points and Authorities

6/18/2019: Memorandum (name extension) - Memorandum Memorandum of Points and Authorities

Memorandum (name extension) - Memorandum Memorandum of Points and Authorities

6/18/2019: Memorandum (name extension) - Memorandum Memorandum of Points and Authorities

Declaration (name extension) - Declaration DECLARATION IN SUPPORT OF MOTION TO CONTINUE TRIAL

6/19/2019: Declaration (name extension) - Declaration DECLARATION IN SUPPORT OF MOTION TO CONTINUE TRIAL

Motion to Continue Trial Date - Motion to Continue Trial Date

6/19/2019: Motion to Continue Trial Date - Motion to Continue Trial Date

Proof of Service by Substituted Service

2/15/2018: Proof of Service by Substituted Service

Answer

2/20/2018: Answer

22 More Documents Available

 

Docket Entries

  • 02/24/2020
  • DocketOn the Complaint filed by Westfield Insurance Company on 01/29/2018, entered Request for Dismissal without prejudice filed by Westfield Insurance Company as to the entire action

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  • 02/24/2020
  • DocketAddress for Lee M Mendelson (Attorney) updated

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  • 02/24/2020
  • DocketAddress for Lee Michael Mendelson (Attorney) updated

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  • 02/24/2020
  • DocketHearing on Motion to Compel Appearance at Deposition and Request for Monetary Sanctions scheduled for 02/25/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 02/24/2020

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  • 02/24/2020
  • DocketHearing on Motion to Compel RESPONSES TO FORM INTERROGATORIES, SET ONE, AND RESPONSES TO SPECIAL INTERROGATORIES, SET ONE scheduled for 03/24/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 02/24/2020

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  • 02/24/2020
  • DocketHearing on Motion to Compel REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE scheduled for 03/25/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 02/24/2020

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  • 02/24/2020
  • DocketNon-Jury Trial scheduled for 09/23/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 02/24/2020

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  • 02/24/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/01/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 02/24/2020

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  • 02/24/2020
  • DocketUpdated -- Pursuant to the Request for Dismissal filed by Westfield Insurance Company on 02/21/2020, the Complaint filed by Westfield Insurance Company on 01/29/2018 is dismissed without prejudice.; The following event(s) is/are advanced to this date and vacated: 03/25/2020 10:30 AM Hearing on Motion to Compel REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE in Department 26; 03/24/2020 10:30 AM Hearing on Motion to Compel RESPONSES TO FORM INTERROGATORIES, SET ONE, AND RESPONSES TO SPECIAL INTERROGATORIES, SET ONE in Department 26; 02/25/2020 10:30 AM Hearing on Motion to Compel Appearance at Deposition and Request for Monetary Sanctions in Department 26; 09/23/2020 8:30 AM Non-Jury Trial in Department 26; 02/01/2021 10:30 AM Order to Show Cause Re: Failure to File Proof of Service in Department 26; Filed Date changed from 02/24/2020 to 02/21/2020

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  • 02/21/2020
  • DocketRequest for Dismissal; Filed by: Westfield Insurance Company (Plaintiff); As to: Great Central Transport, Inc. (Defendant)

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40 More Docket Entries
  • 02/20/2018
  • DocketAnswer; Filed by: Great Central Transport, Inc. (Defendant)

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  • 02/20/2018
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 77

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  • 02/15/2018
  • DocketProof of Service by Substituted Service; Filed by: Westfield Insurance Company (Plaintiff); As to: Great Central Transport, Inc. (Defendant); Proof of Mailing Date: 02/09/18; Service Cost: 87.50; Service Cost Waived: No

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  • 01/29/2018
  • DocketComplaint; Filed by: Westfield Insurance Company (Plaintiff); As to: Great Central Transport, Inc. (Defendant)

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  • 01/29/2018
  • DocketCivil Case Cover Sheet; Filed by: Westfield Insurance Company (Plaintiff)

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  • 01/29/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 01/29/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/29/2018
  • DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse

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  • 01/29/2018
  • DocketNon-Jury Trial scheduled for 07/29/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 01/29/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 02/01/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 18STLC01578    Hearing Date: February 25, 2020    Dept: 26

Westfield Ins. Co. v. Great Central Transport, Inc., et al.

MOTION TO COMPEL DEPOSITION; REQUEST FOR SANCTIONS

(CCP § 2025.450)

TENTATIVE RULING:

Defendant Great Central Transport, Inc.’s Motion to Compel the Deposition of Plaintiff’s Person Most Knowledgeable is DENIED.

ANALYSIS:

Plaintiff Westfield Insurance Company (“Plaintiff”) filed the instant action for insurance subrogation against Defendant Great Central Transport, Inc. (“Defendant”) on January 29, 2018. The action was consolidated with LASC Case No. 18STLC14951 and designated the lead case. Defendant filed the instant Motion to Compel the Attendance of Plaintiff’s “person most knowledgeable” (“PMK”) at Deposition on June 7, 2019. To date, no opposition has been filed.

Legal Standard

Code of Civil Procedure section 2025.450, section (a) states in relevant part:

If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.

(Code Civ. Proc., § 2025.450, subd. (a).) The motion must also “set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice” and “be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., § 2025.450, subds. (b)(1), (2).) A court shall impose monetary sanctions if the motion to compel is granted, unless the one subject to sanction acted with substantial justification or other circumstances would make the imposition of the sanction unjust. (Code. Civ. Proc., § 2025.450, subd. (g)(1).)

Discussion

The motion is not accompanied by a meet and confer declaration demonstrating that defense counsel reached out to Plaintiff’s counsel to resolve this discovery dispute without the Court’s intervention. Rather, the supporting declaration merely states that following the properly noticed deposition of Plaintiff’s PMK and Plaintiff’s subsequent non-appearance, Defendant filed the instant Motion. (Motion, Kerbs Decl., ¶¶4-7 and Exh. B.) The Motion cannot be granted without demonstration of an adequate meet and confer effort.

The Court further notes that the deposition notice includes a request for production of documents. (Motion, Kerbs Decl., Exh. B, pp. 3-4.) However, the Motion fails to “set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice,” which is also required under the moving statute.

In light of Defendant’s failure to comply with the mandatory requirements for relief under Code of Civil Procedure section 2025.450, the Motion to Compel the Deposition of Plaintiff’s Person Most Knowledgeable is DENIED.

Court clerk to give notice.