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This case was last updated from Los Angeles County Superior Courts on 06/10/2019 at 06:21:56 (UTC).

ARLETTE MERAL VS BIG CASEY'S LEASING LLC ET AL

Case Summary

On 07/01/2016 ARLETTE MERAL filed a Personal Injury - Other Personal Injury lawsuit against BIG CASEY'S LEASING LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are LAURA A. SEIGLE and CHRISTOPHER K. LUI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5601

  • Filing Date:

    07/01/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

LAURA A. SEIGLE

CHRISTOPHER K. LUI

 

Party Details

Plaintiff and Petitioner

MERAL ARLETTE

Defendants, Respondents and Cross Defendants

213 HOSPITALITY INC.

LOS ANGELES COUNTY OF

LOS ANGELES CITY OF

OCTALION LLC

CASEY'S BAR AND GRILL INC.

CALIFORNIA STATE OF

DOES 1 TO 50

BIG CASEY'S LEASING LLC

CITY OF LOS ANGELES

FAIR BREEZE COMPANY LIMITED DOE 1

STATE OF CALIFORNIA

Defendants, Respondents, Cross Plaintiffs and Cross Defendants

OCTALION LLC

BIG CASEY'S LEASING LLC

CITY OF LOS ANGELES

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

LAW OFFICES OF RON A. ROSEN JANFAZA

JANFAZA RON A.

Defendant Attorneys

KORFF EVE HELENE

MILLER WEYD-ANNE N.

Cross Plaintiff Attorneys

MYERS JEFFREY CABOT

MAVIAN SUSAN

 

Court Documents

PROOF OF SERVICE SUMMONS

2/26/2018: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

3/8/2018: PROOF OF SERVICE SUMMONS

REQUEST FOR DISMISSAL

4/23/2018: REQUEST FOR DISMISSAL

PROOF OF SERVICE SUMMONS

4/26/2018: PROOF OF SERVICE SUMMONS

NOTICE OF RULING ON APRIL 26 2018

5/2/2018: NOTICE OF RULING ON APRIL 26 2018

DEMAND FOR JURY TRIAL

5/16/2018: DEMAND FOR JURY TRIAL

NOTICE OF RULING

5/25/2018: NOTICE OF RULING

PROOF OF SERVICE SUMMONS

6/7/2018: PROOF OF SERVICE SUMMONS

FIRST AMENDED CROSS-COMPLAINT FOR TOTAL INDEMNITY, IMPLIED PARTIAL INDEMNITY, DECLARATORY RELIEF, EQUITABLE APPORTIONMENT AND EXPRESS INDEMNITY

7/24/2018: FIRST AMENDED CROSS-COMPLAINT FOR TOTAL INDEMNITY, IMPLIED PARTIAL INDEMNITY, DECLARATORY RELIEF, EQUITABLE APPORTIONMENT AND EXPRESS INDEMNITY

ANSWER TO FIRST AMENDED CROSS COMPLAINT

8/29/2018: ANSWER TO FIRST AMENDED CROSS COMPLAINT

Proof of Personal Service

10/23/2018: Proof of Personal Service

Answer

10/30/2018: Answer

Answer

11/20/2018: Answer

Notice

11/21/2018: Notice

Notice

3/1/2019: Notice

Request for Dismissal

3/14/2019: Request for Dismissal

Stipulation and Order

3/28/2019: Stipulation and Order

Minute Order

5/7/2019: Minute Order

45 More Documents Available

 

Docket Entries

  • 05/22/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 05/15/2019
  • at 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Hearing on Demurrer - without Motion to Strike

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  • 05/13/2019
  • Informal Discovery Conference Form for Personal Injury Courts; Filed by Octalion, LLC (Defendant)

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  • 05/08/2019
  • at 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 05/07/2019
  • at 11:00 AM in Department 4B, Laura A. Seigle, Presiding; Informal Discovery Conference (IDC) - Not Held - Taken Off Calendar by Party

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  • 05/07/2019
  • Minute Order ( (Informal Discovery Conference (IDC))); Filed by Clerk

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  • 03/28/2019
  • Stipulation and Order (Stipulation to Continue Trial, FSC and Related Motion/Discovery Dates); Filed by Big Casey's Leasing, LLC (Cross-Complainant); Big Casey's Leasing, LLC (Defendant); Casey's Bar and Grill, Inc. (Defendant)

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  • 03/15/2019
  • at 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Hearing on Demurrer - without Motion to Strike - Not Held - Taken Off Calendar by Party

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  • 03/14/2019
  • Request for Dismissal; Filed by Arlette Meral (Plaintiff)

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  • 03/11/2019
  • Request for Dismissal; Filed by Octalion, LLC (Cross-Defendant)

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98 More Docket Entries
  • 02/22/2018
  • Minute Order

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  • 02/22/2018
  • Minute order entered: 2018-02-22 00:00:00; Filed by Clerk

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  • 01/02/2018
  • at 08:30 AM in Department 93; Jury Trial

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  • 01/02/2018
  • Minute order entered: 2018-01-02 00:00:00; Filed by Clerk

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  • 12/15/2017
  • at 10:00 AM in Department 93; Final Status Conference (Final Status Conference; Off Calendar) -

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  • 12/15/2017
  • Minute Order

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  • 12/15/2017
  • Minute order entered: 2017-12-15 00:00:00; Filed by Clerk

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  • 07/01/2016
  • SUMMONS

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  • 07/01/2016
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 07/01/2016
  • Complaint; Filed by Arlette Meral (Plaintiff)

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Tentative Rulings

Case Number: BC625601    Hearing Date: October 20, 2020    Dept: 28

Motion to Compel Compliance with Subpoena

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On July 1, 2016, Plaintiff Arlette Meral (“Plaintiff”) filed a complaint against Defendants Big Casey’s Leasing, LLC, Casey’s Bar and Grill, Inc., 213 Hospitality, Inc., Octalion, LLC, City of Los Angeles, County of Los Angeles, and State of California.  Plaintiff alleges negligence and premises liability in the complaint for an incident where Plaintiff sustained injuries on July 9, 2015.

On March 28, 2018, Defendant/Cross-Complainant City of Los Angeles filed a cross-complaint against Defendants/Cross-Defendants Big Casey’s Leasing, LLC and Casey’s Bar and Grill, Inc. seeking indemnification, apportionment, and declaratory relief.

On April 18, 2018, Defendant/Cross-Defendant/Cross-Complainant Big Casey’s Leasing LLC dba Casey’s Bar and Grill filed a cross-complaint against Defendant/Cross-Complainant/Cross-Defendant City of Los Angeles, Cross-Defendant Breeze Company Limited, and Defendants/Cross-Defendants 213 Hospitality, Inc. and Octalion, LLC.  Defendant/Cross-Defendant/Cross-Complainant Big Casey’s Leasing LLC dba Casey’s Bar and Grill seeks declaratory relief, comparative indemnity, equitable indemnity, implied indemnity, express indemnity, and contribution.

On April 23, 2018, the Court dismissed Plaintiff’s complaint as to Defendant State of California without prejudice.

On May 16, 2018, Defendant/Cross-Defendant/Cross-Complainant Octalion, LLC filed a cross-complaint against Defendant/Cross-Defendant/Cross-Complainant Big Casey’s Leasing, LLC.  Defendant/Cross-Defendant/Cross-Complainant Octalion, LLC seeks total indemnity, implied partial indemnity, declaratory relief, equitable apportionment, and express indemnity.

On May 25, 2018, Plaintiff filed an amendment to her complaint to rename Doe 1 as Defendant Fair Breeze Company Limited.

On June 12, 2018, Defendant/Cross-Complainant/Cross-Defendant City of Los Angeles filed an amendment to its complaint to rename Doe 1 as Defendant/Cross-Defendant Fair Breeze Company Limited.

On July 24, 2018, Defendant/Cross-Defendant/Cross-Complainant Octalion, LLC filed a first amended cross-complaint.

On August 1, 2018, Defendant/Cross-Defendant/Cross-Complainant Octalion, LLC filed an amendment to its first amended cross-complaint to rename Roe 1 as Defendant/Cross-Defendant Fair Breeze Company Limited.

On November 6, 2018, the Court entered default against Defendant/Cross-Defendant Fair Breeze Company Limited as to Defendant/Cross-Defendant/Cross-Complainant Big Casey’s Leasing LLC’s cross-complaint.

On December 17, 2018, the Court entered default against Defendant/Cross-Defendant Fair Breeze Company Limited as to Defendant/Cross-Complainant/Cross-Defendant City of Los Angeles’ cross-complaint.

On March 11, 2019, the Court entered default against Defendant/Cross-Defendant Fair Breeze Company Limited as to Defendant/Cross-Defendant/Cross-Complainant Octalion, LLC’s first amended cross-complaint.

On March 14, 2019, the Court dismissed Defendant County of Los Angeles without prejudice.

On July 27, 2019, the Court dismissed Defendant Fair Breeze Company Limited from Plaintiff’s complaint without prejudice.

On June 4, 2020, Defendant/Cross-Defendant/Cross-Complainant Octalion, LLC filed a motion to compel compliance with a deposition subpoena pursuant to California Code of Civil Procedure section 1987.1.

On June 8, 2020, the Court scheduled the hearing on Defendant/Cross-Defendant/Cross-Complainant Octalion, LLC’s motion to October 20, 2020.

A trial setting conference is scheduled for October 20, 2020.

PARTYS REQUESTS

Defendant/Cross-Defendant/Cross-Complainant Octalion, LLC (“Defendant Octalion”) ask the Court to compel Robert Bentley Arami, D.C. to serve documents responsive to a subpoena issued to him.

Defendant Octalion also asks the Court to impose $865.00 in sanctions against Robert Bentley Arami, D.C. for having to bring this motion.

LEGAL STANDARD

California Code of Civil Procedure section 1987.1, subdivision (a) states, “[i]f a subpoena requires the attendance of a witness or the production of books, documents, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court’s own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders.  In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.”

“[U]pon motion reasonably made by the party, judges may rule upon motions for quashing, modifying or compelling compliance with, subpoenas.”  (Lee v. Swansboro Country Property Owners Ass'n (2007) 151 Cal.App.4th 575, 582-583.)

California Code of Civil Procedure section 1987.2, subdivision (a) states, in relevant part, “. . . in making an order pursuant to motion made . . . under Section 1987.1, the court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, including reasonable attorney’s fees, if the court finds the motion was made or opposed in bad faith or without substantial justification . . . .”

California Rules of Court, rule 3.1348, subdivision (a) states: “[t]he court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.”

DISCUSSION

Plaintiff obtained chiropractic treatment from Robert Bentley Arami, D.C. for injuries Plaintiff seeks damages for in this action.  (Alami Decl., ¶ 4.) On February 4, 2019, Defendant Octalion issued a deposition subpoena on Robert Bentley Arami, D.C. for all documents dated for the past ten year pertaining to Plaintiff. Alami Decl., 5, Exh. A.)  Defendant Octalion unsuccessfully attempted to meet and confer with Robert Bentley Arami, D.C. twice before filing this motion.  (Alami Decl., ¶¶ 7-8, Exh. B-C.)

The Court finds the motion is properly granted.  Plaintiff sought treatment from Robert Bentley Arami, D.C. for injuries that are the subject of dispute in this action.  Plaintiff has placed records pertaining to Plaintiff in Robert Bentley Arami, D.C.’s possession at issue.

Defendant Octalion’s request for $865.00 in sanctions against Robert Bentley Arami, D.C. for this straight-forward motion is unreasonable.  Rather, the Court finds $450.00 to be a reasonable amount of sanctions considering Defendant Octalion’s good faith meet and confer efforts that Robert Bentley Arami, D.C. ignored.

CONCLUSION

The motion is GRANTED.

Robert Bentley Arami, D.C. is ordered to serve documents responsive to Defendant Octalion’s subpoena issued on February 4, 2019 within twenty days of this order.

Robert Bentley Arami, D.C. is ordered to pay Defendant Octalion $450.00 within thirty days of this order.

Defendant Octalion is ordered to give notice of this ruling.

The parties are directed to the header of this tentative ruling for further instructions.

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