This case was last updated from Los Angeles County Superior Courts on 06/18/2019 at 14:13:19 (UTC).

CHRISTOPHER ALIGHIRE VS JOSE ANTONIO ALATORRE ET AL

Case Summary

On 11/16/2016 CHRISTOPHER ALIGHIRE filed a Personal Injury - Motor Vehicle lawsuit against JOSE ANTONIO ALATORRE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN I. GOORVITCH. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0212

  • Filing Date:

    11/16/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff and Petitioner

ALIGHIRE CHRISTOPHER

Defendants and Respondents

ALATORRE JOSE ANTONIO

INDEL ENGINEERING INC.

DOES 1-50

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

SAGHIAN EDWIN ESQ.

DORDICK GARY A. ESQ.

Defendant Attorney

GARBER MARC HOWARD ESQ.

 

Court Documents

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

9/25/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Association of Attorney

11/4/2019: Association of Attorney

Motion re: - MOTION RE: PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR ORDER ESTABLISHING ADMISSIONS FOR SANCTIONS; MEMORANDUM IN SUPPORT; AND DECLARATION OF ALAA A. YASIN WITH EXHIBITS IN SUPPORT OF

1/15/2020: Motion re: - MOTION RE: PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR ORDER ESTABLISHING ADMISSIONS FOR SANCTIONS; MEMORANDUM IN SUPPORT; AND DECLARATION OF ALAA A. YASIN WITH EXHIBITS IN SUPPORT OF

Proof of Service (not Summons and Complaint)

1/30/2020: Proof of Service (not Summons and Complaint)

Reply - REPLY PLAINTIFF'S REPLY TO OPPOSITION TO MOTION FOR ORDER ESTABLISHING ADMISSIONS AND FOR SANCTIONS; DECLARATION OF ALAA A. YASIN

2/6/2020: Reply - REPLY PLAINTIFF'S REPLY TO OPPOSITION TO MOTION FOR ORDER ESTABLISHING ADMISSIONS AND FOR SANCTIONS; DECLARATION OF ALAA A. YASIN

Order - ORDER [PROPOSED] ORDER REGARDING DEFENDANTS INDEL ENGINEERIN INC. AND JOSE ANTONIO ALATORRES EX PARTE APPLICATION TO CONTINUE THE TRIAL DATE, EXPERT DISCOVERY CUT-OFF, MOTION CUT-OFF AND LIMI

2/14/2020: Order - ORDER [PROPOSED] ORDER REGARDING DEFENDANTS INDEL ENGINEERIN INC. AND JOSE ANTONIO ALATORRES EX PARTE APPLICATION TO CONTINUE THE TRIAL DATE, EXPERT DISCOVERY CUT-OFF, MOTION CUT-OFF AND LIMI

Minute Order - MINUTE ORDER (HEARING ON MOTION TO DEEM REQUEST FOR ADMISSIONS ADMITTED)

2/19/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO DEEM REQUEST FOR ADMISSIONS ADMITTED)

Minute Order - MINUTE ORDER (HEARING ON MOTION TO QUASH DEFENDANTS INDEL ENGINEERING, INC....)

2/27/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO QUASH DEFENDANTS INDEL ENGINEERING, INC....)

Notice of Ruling

3/20/2020: Notice of Ruling

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE CONTINUANCE OF MAY 22, 2020 HEARING) OF 04/17/2020

4/17/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE CONTINUANCE OF MAY 22, 2020 HEARING) OF 04/17/2020

Minute Order - MINUTE ORDER (COURT ORDER RE CONTINUANCE OF MAY 22, 2020 HEARING)

4/17/2020: Minute Order - MINUTE ORDER (COURT ORDER RE CONTINUANCE OF MAY 22, 2020 HEARING)

NOTICE OF ASSOCIATION OF COUNSEL

4/5/2017: NOTICE OF ASSOCIATION OF COUNSEL

CIVIL DEPOSIT -

6/12/2017: CIVIL DEPOSIT -

Notice of Change of Address or Other Contact Information -

2/8/2018: Notice of Change of Address or Other Contact Information -

Motion to Continue - Motion to Continue Final Status Conference/Trial

1/29/2019: Motion to Continue - Motion to Continue Final Status Conference/Trial

Ex Parte Application - Ex Parte Application to continue the trial and fsc

1/29/2019: Ex Parte Application - Ex Parte Application to continue the trial and fsc

Minute Order - Minute Order (Hearing on Ex Parte Application to continue the trial and fsc)

2/5/2019: Minute Order - Minute Order (Hearing on Ex Parte Application to continue the trial and fsc)

Certificate of Mailing for - Certificate of Mailing for Minute Order (Hearing on Motion to Continue Trial) of 03/04/2019

3/4/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Hearing on Motion to Continue Trial) of 03/04/2019

36 More Documents Available

 

Docket Entries

  • 09/02/2020
  • Hearing09/02/2020 at 10:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Trial Setting Conference

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  • 04/17/2020
  • Docketat 4:20 PM in Department 32, Stephen I. Goorvitch, Presiding; Court Order

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  • 04/17/2020
  • DocketCertificate of Mailing for ((Court Order re Continuance of May 22, 2020 Hearing) of 04/17/2020); Filed by Clerk

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  • 04/17/2020
  • DocketMinute Order ( (Court Order re Continuance of May 22, 2020 Hearing)); Filed by Clerk

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  • 04/02/2020
  • Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Vacated by Court

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  • 03/20/2020
  • DocketNotice of Ruling; Filed by Christopher Alighire (Plaintiff)

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  • 03/18/2020
  • Docketat 10:00 AM in Department 32, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Vacated by Court

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  • 03/17/2020
  • Docketat 10:49 AM in Department 32, Stephen I. Goorvitch, Presiding; Court Order

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  • 03/17/2020
  • DocketMinute Order ( (Court Order re: March 18, 2020)); Filed by Clerk

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  • 03/09/2020
  • Docketat 1:30 PM in Department 32, Stephen I. Goorvitch, Presiding; Hearing on Motion for Protective Order - Not Held - Taken Off Calendar by Party

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63 More Docket Entries
  • 05/18/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 05/18/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 05/18/2017
  • DocketProof-Service/Summons; Filed by Christopher Alighire (Plaintiff)

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  • 05/18/2017
  • DocketProof-Service/Summons; Filed by Christopher Alighire (Plaintiff)

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  • 04/12/2017
  • DocketOther Summons

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  • 04/12/2017
  • DocketSummons; Filed by Christopher Alighire (Plaintiff)

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  • 04/05/2017
  • DocketNOTICE OF ASSOCIATION OF COUNSEL

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  • 04/05/2017
  • DocketAssociation of Attorney; Filed by Christopher Alighire (Plaintiff)

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  • 11/16/2016
  • DocketComplaint

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  • 11/16/2016
  • DocketComplaint; Filed by Christopher Alighire (Plaintiff)

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Tentative Rulings

Case Number: BC640212    Hearing Date: March 09, 2020    Dept: 32

 

Superior Court of California

County of Los Angeles

Department 32

CHRISTOPHER ALIGHIRE,

Plaintiff,

v.

Jose Antonio Alatorre, et al.,

Defendants.

Case No.: BC640212

Hearing Date: March 9, 2020

[TENTATIVE] order RE:

DEFENDANTS’ motion for protective order

Plaintiff Christopher Alighire (“Plaintiff”) filed this action against Defendants Jose Alatorre (“Alatorre”) and Indel Engineering, Inc. (“Indel”) (collectively, “Defendants”) following a motor vehicle collision on February 5, 2016. Alatorre was driving in the course and scope of his employment at the time of the accident. Now, Indel moves for a protective order to preclude the deposition of its Person Most Knowledgeable regarding the hiring, retention, and supervision of Alatorre. Plaintiff has filed a notice stating that he does not oppose the motion. Therefore, the motion is granted. Defendants shall provide notice and file proof of such with the Court.

DATED: March 9, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

Case Number: BC640212    Hearing Date: February 27, 2020    Dept: 32

 

Superior Court of California

County of Los Angeles

Department 32

CHRISTOPHER ALIGHIRE,

Plaintiff,

v.

Jose Antonio Alatorre, et al.,

Defendants.

Case No.: BC640212

Hearing Date: February 27, 2020

[TENTATIVE] order RE:

DEFENDANTS’ motion to quash subpoena

BACKGROUND

Plaintiff Christopher Alighire (“Plaintiff”) filed this action against Defendants Jose Alatorre (“Alatorre”) and Marina Shipyard (collectively, “Defendants”) following a motor vehicle collision on February 5, 2016. Alatorre was driving in the course and scope of his employment with Marina Shipyard at the time of the accident. During the course of his investigation, Plaintiff’s counsel discovered that Alatorre maintained a Twitter account that was not “locked,” meaning that any member of the public could review Alatorre’s posts. Among other posts, Alatorre discussed his marijuana use at work, and some of those posts appear to be contemporaneous with the accident. Plaintiff issued a subpoena to Twitter to receive authenticated copies of these posts. Defendants move to quash the subpoena, arguing that the subpoena violates Alatorre’s privacy interests, which Plaintiff opposes. The motion is denied.

LEGAL STANDARD

If a subpoena requires the production of documents, the court may quash the subpoena entirely or modify it. (Code Civ. Proc., § 1987.1, subd. (a).) In ruling on a motion for protective order, “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 or that one or more of the requirements of the subpoena was oppressive.” (Code Civ. Proc., § 1987.2, subd. (a).)

DISCUSSION

In this case, Plaintiff has determined that Alatorre uses the Twitter account @big_jokes_lbc. (See Declaration of Alaa A. Yashin, ¶¶ 5-8.) Alatorre has a right to privacy, meaning that the Court cannot order disclosure of the records of that activity unless it determines that disclosure serves a compelling interest. (See Britt v. Superior Court (1978) 20 Cal.3d 844, 855-856.)

The Court has considered the probative value of these posts and finds that disclosure serves a compelling interest. The public postings reference Alatorre’s marijuana use, including while Alatorre was at work. (See Declaration of Alaa A.Yashin, Exh. B.) This is relevant for three reasons. First, if Alatorre was under the influence of marijuana at the time of the accident, that evidence is relevant to establishing his liability. Second, in his discovery responses, Alatorre denied marijuana use within 24 hours of the accident. (See Declaration of Alaa A.Yashin, Exhibit A.) The records of Alatorre’s activity on Twitter within the two-day period surrounding the accident appear to be relevant to impeach Alatorre’s denial of marijuana use. Third, any records of Alatorre’s activity on Twitter about use of marijuana in the workplace are relevant to whether Marina Shipyard negligently entrusted the vehicle at issue to Alatorre.

The Court finds that this compelling interest outweighs any privacy interest by Alatorre. First and foremost, Alatorre took no steps to protect his posts from any member of the public (including Plaintiff’s counsel) from reading them. In other words, Alatorre apparently did not “lock” his account to ensure that only his friends would read his posts. In that sense, Alatorre made a conscious decision to publicize his posts to the entire internet. Alatorre cannot publicize his posts indiscriminately and then claim a privacy interest in those same posts. Moreover, the subpoena is narrowly tailored to obtain the relevant documents. Finally, if the records are not relevant or if the probative value is greatly outweighed by the prejudice, the trial court can exclude them pursuant to a motion in limine. Discoverability and admissibility are two separate issues.

CONCLUSION AND ORDER

Based upon the foregoing, the Court concludes that there is a compelling interest requiring disclosure of the tweets at issue that is not outweighed by Alatorre’s privacy interests. Therefore, Defendants’ motion to quash is denied. Defendants shall provide notice and file proof of such with the Court.

DATED: February 27, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

Case Number: BC640212    Hearing Date: February 19, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

CHRISTOPHER ALIGHIRE,

Plaintiffs,

v.

JOSE ANTONIO ALATORRE, et al.,

Defendants.

Case No.: BC640212

Hearing Date: February 19, 2020

[TENTATIVE] order RE:

motion to be relieved as counsel

Plaintiff Christopher Alighire (“Plaintiff”) moves to deem the matters specified in the Requests for Admission, Set Two (“RFAs”), which were served upon Defendant Jose Antonio Alatorre (“Defendant”) on July 18, 2019. Because they were served by mail, verified responses were due on or before August 22, 2019. There were delays in responding because Defendant resides outside of the United States. Defendant filed a motion for a protective order seeking additional time to respond to discovery. The Court denied the motion as moot because Plaintiff agreed to extend the deadline to November 28, 2019. Defendant provided verified responses to the RFAs before the hearing, so the motion is denied as moot except with respect to sanctions.

Plaintiff seeks sanctions in the amount of $1,110 against Defendant and counsel-of-record. The Court finds that the conduct in this case constitutes an abuse of the discovery process, warranting sanctions. Defendant had over four months to respond to the RFAs and failed to do so. Moreover, Defendant’s verification page is dated November 7, 2019. (Declaration of Benjamin A. Sampson, Exh. #2.) Yet, the responses were not served until December 10, 2019. (Ibid.) Even then, the responses were served by mail rather than personally or by overnight delivery, suggesting that Defendant did not move with alacrity in fulfilling his discovery obligations. More important, Defendant’s responses were verified three weeks before the deadline, so the failure to satisfy the stipulated deadline of November 28, 2019, is inexcusable. Therefore, sanctions are warranted, and the amount requested by Plaintiff is fair and reasonable under the circumstances considering the work undertaken in this case.

CONCLUSION AND ORDER

Plaintiff’s motion to deem the RFAs to have been admitted is denied as moot except with respect to sanctions. The Court orders Defendant and Defendant’s counsel, jointly and severally, to pay Plaintiff sanctions in the amount of $1,110 within thirty (30) days of notice of this order. Plaintiff shall provide notice and file proof of such with the Court.

DATED: February 19, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

Case Number: BC640212    Hearing Date: November 08, 2019    Dept: 5

 

Superior Court of California

County of Los Angeles

Department 5

CHRISTOPHER ALIGHIRE,

Plaintiff,

v.

Jose Antonio Alatorre, et al.,

Defendants.

Case No.: BC640212

Hearing Date: November 8, 2019

[TENTATIVE] order RE:

DEFENDANTS’ motion For a Protective Order REGARDING PLAINTIFF’S REQUESTS FOR ADMISSIONS and form interrogatories

Plaintiff Christopher Alighire (“Plaintiff”) filed this action against Defendant Jose Alatorre (“Defendant Alatorre”), who was driving in the course of his employment for Marina Shipyard d/b/a Indel Engineering (“Marina Shipyard”) (collectively “Defendants”). Defendants filed a protective order seeking additional time to respond to discovery requests. This motion is denied as moot because Plaintiff has agreed to extend the deadline for Defendants’ responses to November 28, 2019. Although Defendants technically can re-file this motion after that date, the Court reminds the parties that it expects them to work collaboratively and to be reasonable in order to avoid motions on issues that the parties should be able to resolve themselves. The Court’s clerk shall provide notice.

DATED: November 8, 2019 ___________________________

Hon. Stephen I. Goorvitch

Judge of the Superior Court