This case was last updated from Los Angeles County Superior Courts on 12/29/2020 at 10:38:52 (UTC).

DOMINIQUE LOPEZ ET AL VS DIAGRAPH INC ET AL

Case Summary

On 01/06/2012 DOMINIQUE LOPEZ filed a Personal Injury - Other Personal Injury lawsuit against DIAGRAPH INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are JOSH M. FREDRICKS, SAMANTHA P. JESSNER, ROBERT H. O'BRIEN, FREDERICK C. SHALLER, MARY ANN MURPHY, SAMANTHA JESSNER and CHRISTOPHER K. LUI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6544

  • Filing Date:

    01/06/2012

  • 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

JOSH M. FREDRICKS

SAMANTHA P. JESSNER

ROBERT H. O'BRIEN

FREDERICK C. SHALLER

MARY ANN MURPHY

SAMANTHA JESSNER

CHRISTOPHER K. LUI

 

Party Details

Plaintiff and Guardian Ad Litem

LOPEZ CHERYL

Defendants and Respondents

DIAGRAPH INC.

DOES 1 THROUGH 100

ILLINOIS TOOLWORKS INC.

IPS CORPORATION

ITW DIAGRAPH INC.

SONY CORPORATION OF AMERICA THE

SONY ELECTRONICS INC.

IPS CORPORATION CROSS-COMPLAINANT

Minor

LOPEZ DOMINIQUE

Attorney/Law Firm Details

Plaintiff Attorneys

PHILLIPS VICTORIA E.

BRICKER DAVID

Minor, Defendant and Respondent Attorneys

ARMITAGE MICHAEL L. ESQ.

MORRIS POLICH & PURDY LAW O/O

BOSSEN WILLIAM A. ESQ

LEONARD GLORIA M. ESQ.

LARSON JOHN B. ESQ.

MAUGE MICHAEL ROBERT

MEDEL GLORIA G.

LEWIS TRACY M

LIPSMAN WALTER JAMES

NICHOLS STEPHEN M.

LARSON JOHN BRADLEY

THORNTON LAW FIRM LLP

PHILLIP & PAOLICELLI LLP

PHILLIPS STEVEN J. ESQ.

Other Attorneys

LOEW KEVIN MATHEW

 

Court Documents

Reply - REPLY OF DEFENDANT SONY ELECTRONICS, INC. IN SUPPORT OF MOTION TO CONTINUE THE TRIAL DATE, ETC.; SUPPLEMENTAL DECLARATION OF WILLIAM A. BOSSEN IN SUPPORT THEREOF

10/24/2019: Reply - REPLY OF DEFENDANT SONY ELECTRONICS, INC. IN SUPPORT OF MOTION TO CONTINUE THE TRIAL DATE, ETC.; SUPPLEMENTAL DECLARATION OF WILLIAM A. BOSSEN IN SUPPORT THEREOF

Notice - NOTICE NOTICE OF RULING BY THE COURT ON SONY ELECTRONICS, INC.'S MOTION TO CONTINUE TRIAL

11/4/2019: Notice - NOTICE NOTICE OF RULING BY THE COURT ON SONY ELECTRONICS, INC.'S MOTION TO CONTINUE TRIAL

Motion to Compel - MOTION TO COMPEL THE GENETIC TESTING OF PLAINTIFF AND HER PARENTS; MEMORANDUM OF POINTS AND AUTHORITIES

2/18/2020: Motion to Compel - MOTION TO COMPEL THE GENETIC TESTING OF PLAINTIFF AND HER PARENTS; MEMORANDUM OF POINTS AND AUTHORITIES

Supplemental Declaration - SUPPLEMENTAL DECLARATION SUPPLEMENTAL DECLARATION OF JOHN M. GRAHAM, JR., MD, SCD IN SUPPORT OF DEFENDANT SONY ELECTRONICS, INC.S MOTION TO COMPEL GENETIC TESTING OF PLAINT

7/1/2020: Supplemental Declaration - SUPPLEMENTAL DECLARATION SUPPLEMENTAL DECLARATION OF JOHN M. GRAHAM, JR., MD, SCD IN SUPPORT OF DEFENDANT SONY ELECTRONICS, INC.S MOTION TO COMPEL GENETIC TESTING OF PLAINT

Minute Order - MINUTE ORDER (HEARING ON MOTION TO BIFURCATE)

12/17/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO BIFURCATE)

NOTICE OF REJECJ1ON -APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD UTEM

3/28/2012: NOTICE OF REJECJ1ON -APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD UTEM

Minute Order -

9/18/2012: Minute Order -

NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF?S AMENDED COMPLAINT RE PUNITIVE DAMAGES BY DEFENDANT SONY ELECTRONICS, INC.; MEMORANDUM OF POINTS AND AUTHORITIES

10/3/2012: NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF?S AMENDED COMPLAINT RE PUNITIVE DAMAGES BY DEFENDANT SONY ELECTRONICS, INC.; MEMORANDUM OF POINTS AND AUTHORITIES

NOTICE OF INFORMAL DISCOVERY CONFERENCE

2/8/2013: NOTICE OF INFORMAL DISCOVERY CONFERENCE

NOTICE OF INFORMAL DISCOVERY CONFERENCE

2/13/2013: NOTICE OF INFORMAL DISCOVERY CONFERENCE

DEFENDANT ILLINOIS TOOL WORKS INC., DIAGRAPH DIVISION[S NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF[S THIRD AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES

4/19/2013: DEFENDANT ILLINOIS TOOL WORKS INC., DIAGRAPH DIVISION[S NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF[S THIRD AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES

REQUEST FOR DISMISSAL -

6/10/2013: REQUEST FOR DISMISSAL -

DECLARATION OF WILLIAM A. BOSSEN

7/12/2013: DECLARATION OF WILLIAM A. BOSSEN

Minute Order -

9/12/2013: Minute Order -

NOTICE OF CHANGE OF ADDRESS OR OTHER CONTACT INFORMATION

1/29/2014: NOTICE OF CHANGE OF ADDRESS OR OTHER CONTACT INFORMATION

NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

2/25/2014: NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

NOTICE OF CONTINUANCE OF HEARING

6/8/2015: NOTICE OF CONTINUANCE OF HEARING

Minute Order -

8/3/2015: Minute Order -

313 More Documents Available

 

Docket Entries

  • 08/23/2021
  • Hearing08/23/2021 at 10:00 AM in Department 74 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 08/09/2021
  • Hearing08/09/2021 at 08:30 AM in Department 74 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 07/23/2021
  • Hearing07/23/2021 at 08:30 AM in Department 74 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Bifurcate

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  • 01/25/2021
  • Hearing01/25/2021 at 08:30 AM in Department 74 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Demurrer - without Motion to Strike

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  • 12/18/2020
  • Docketat 08:30 AM in Department 74; Hearing on Motion for Summary Judgment - Not Held - Advanced and Vacated

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  • 12/17/2020
  • Docketat 08:30 AM in Department 74; Hearing on Motion to Bifurcate - Not Held - Continued - Stipulation

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  • 12/17/2020
  • DocketCertificate of Mailing for ((Hearing on Motion to Bifurcate) of 12/17/2020); Filed by Clerk

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  • 12/17/2020
  • DocketMinute Order ( (Hearing on Motion to Bifurcate)); Filed by Clerk

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  • 12/16/2020
  • DocketStipulation and Order (to continue Sony's Motion to Bifurcate Liability and Compensatory Damages); Filed by Sony Electronics, Inc. (Defendant)

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  • 12/16/2020
  • DocketStipulation and Order (to Bifurcate Punitive Damages); Filed by Sony Electronics, Inc. (Defendant)

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617 More Docket Entries
  • 01/12/2012
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 01/12/2012
  • DocketORDER TO SHOW CAUSE HEARING

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  • 01/12/2012
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 01/12/2012
  • DocketORDER TO SHOW CAUSE HEARING

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  • 01/12/2012
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 01/12/2012
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 01/12/2012
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

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  • 01/12/2012
  • DocketORDER TO SHOW CAUSE HEARING

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  • 01/06/2012
  • DocketCOMPLAINT FOR DAMAGES

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  • 01/06/2012
  • DocketComplaint; Filed by null

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Tentative Rulings

Case Number: BC476544    Hearing Date: January 25, 2021    Dept: 74

BC476544 DOMINIQUE LOPEZ VS DIAGRAPH INC

Demurrer to the 4th Amended Complaint

TENTATIVE RULING: The demurrer is OVERRULED. Defendant is ordered to file an answer within 15 days.

Sony (“Defendant”) demurrers to the third cause of action for fraud by concealment on the ground it fails to allege sufficient facts to constitute a cause of action.

“As with all fraud claims, the necessary elements of a concealment/suppression claim consist of ‘(1) misrepresentation (false representation, concealment, or nondisclosure); (2) knowledge of falsity (scienter); (3) intent to defraud (i.e., to induce reliance); (4) justifiable reliance; and (5) resulting damage.’ [Citations.]” (Alliance Mortgage Co. v. Rothwell (1995) 10 Cal.4th 1226, 1239, 44 Cal.Rptr.2d 352, 900 P.2d 601 (Alliance Mortgage ); see Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 248, 129 Cal.Rptr.3d 874 (Boschma ).) ‘Active concealment or suppression of facts by a nonfiduciary ‘is the equivalent of a false representation, i.e., actual fraud.’ [Citation.]’ (Vega v. Jones, Day, Reavis & Pogue (2004) 121 Cal.App.4th 282, 291, 17 Cal.Rptr.3d 26 (Vega ).) A fraud claim based upon the suppression or concealment of a material fact must involve a defendant who had a legal duty to disclose the fact. (Civ.Code, § 1710, subd. (3) [a deceit includes “[t]he suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact”]; see Judicial Council of Cal., Civ. Jury Instns. (2013) CACI No. 1901.)” (Hoffman v. 162 North Wolfe LLC (2014) 228 Cal.App.4th 1178, 1185–1186.)

Furthermore, “the requirement of specificity is relaxed when the allegations indicate that ‘the defendant must necessarily possess full information concerning the facts of the controversy[.]’” (Tarmann v. State Farm Mut. Auto. Ins. Co. (1991) 2 Cal.App.4th 153, 158.)

The 4th amended complaint alleges: Defendant through its service providers, actively concealed and suppressed material facts from Plaintiff’s parents regarding the toxic nature of the chemicals and processes used throughout their employment; Defendant represented that there were no causal connections between Plaintiff’s parents occupational chemical exposures and Plaintiff’s injury; Plaintiff’s parents relied on the advice of Defendant’s service providers to their detriment; Defendant owed a duty to disclose the material facts regarding the chemicals referenced in ¶28 of the FAC under California Hazardous Substances Information and Training Act; Plaintiff’s parents were not aware of the material facts related to the toxicity of the chemicals handled by each; Defendant represented to Plaintiff’s parents that the chemicals and substances present on site during employment were safe, especially so for Lopez and Plaintiff; Defendant intentionally concealed, suppressed or misrepresented “the teratogenic, genotoxic and reproductively toxic nature” of chemicals used to manufacture its products and that the chemicals and substances present at the work site did not pose any health hazard to Plaintiff’s parents; Defendant intentionally concealed or suppressed such with the intent to defraud Plaintiff’s parents; Defendant’s concealment directly and proximately caused Plaintiff’s injury; and Plaintiff’s parents relied on such representations to their detriment. (FAC, ¶¶49-52, 55-72, 91-102.) These facts are sufficient to state a cause of action for fraudulent concealment.

Case Number: BC476544    Hearing Date: July 09, 2020    Dept: 74

BC476544 DOMINIQUE LOPEZ vs DIAGRAPH INC

Defendant Sony Electronics’ Motion to Compel Genetic Testing

TENTATIVE RULING: Defendant’s motion to compel genetic testing is DENIED. The court finds defendant failed to carry is burden of showing good cause for drawing DNA from the Lopez family. CCP § 2032.320(a). Moreover, the court finds defendant’s request to perform whole genome sequencing to sequence the subjects’ entire genetic code to be overbroad.

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