This case was last updated from Los Angeles County Superior Courts on 02/05/2019 at 06:44:05 (UTC).

LILLIAN CARTER ET AL VS UNIVERSAL STUDIOS INC ET AL

Case Summary

On 06/03/2015 LILLIAN CARTER filed a Personal Injury - Other Personal Injury lawsuit against UNIVERSAL STUDIOS 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 HOWARD L. HALM, BRIAN S. CURREY, WILLIAM BARRY and MAURICE A. LEITER. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3946

  • Filing Date:

    06/03/2015

  • 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

HOWARD L. HALM

BRIAN S. CURREY

WILLIAM BARRY

MAURICE A. LEITER

 

Party Details

Plaintiffs and Petitioners

CARTER CRYSTAL

CARTER LILLIAN

CARTER NEKAYA

Defendants, Respondents and Cross Defendants

DOES 1 - 100

JACKSON O'SHEA SR. ICE CUBE

KELLY TOI LIN

KNIGHT MARION SUGE

PRETTYBIRD PICTURES INC.

SLOAN CLE BONE

TAM'S BURGER

UNIVERSAL STUDIOS INC.

YOUNG ANDRE DR. DRE

NBCUNIVERSAL LLC (DOE 1)

TOI LIN KELLY

TAM'S 21 ROSEWOOD INC.

TAM'S BURGERS NO. 21

ANDRE "DR. DRE" YOUNG

NBCUNIVERSAL LLC

O'SHEA "ICE CUBE" JACKSON SR.

CLE "BONE" SLOAN

27 More Parties Available

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

BERGER MICHAEL JAY ESQ.

DORDICK GARY A. ESQ.

DOUGLAS CARL E. ESQ.

LAW OFFICES OF MICHAEL JAY BERGER

LAW OFFICES OF GARY A. DORDICK

THE DOUGLAS LAW GROUP

DOUGLAS/HICKS LAW

RAFIL & ASSOCIATES PC

OUNJIAN ROBERT ESQ.

Defendant and Respondent Attorneys

CULPEPPER THADDEUS J.

PETRICH LOUIS P. ESQ.

HARRIS MARC S. LAW OFFICES OF

LEOPOLD PETRICK & SMITH LAW OFFICES OF

LAW OFFICES OF LOYST P. FLETCHER

VENABLE LLP

FLETCHER LOYST P. ESQ.

SCHEPER KIM & HARRIS LLP

FOX DANA ALDEN ESQ.

LEWIS BRISBOIS BISGAARD & SMITH

THADDEUS J. CULPEPPER

6 More Attorneys Available

 

Court Documents

Unknown

6/26/2015: Unknown

Unknown

7/27/2015: Unknown

Proof of Service (not Summons and Complaint)

8/17/2015: Proof of Service (not Summons and Complaint)

Answer

8/19/2015: Answer

Unknown

9/30/2015: Unknown

Unknown

10/30/2015: Unknown

Unknown

11/24/2015: Unknown

Opposition

9/1/2016: Opposition

Unknown

10/18/2016: Unknown

Unknown

10/20/2016: Unknown

Unknown

10/27/2016: Unknown

Minute Order

9/22/2017: Minute Order

Case Management Statement

8/22/2018: Case Management Statement

Minute Order

9/5/2018: Minute Order

Minute Order

11/28/2018: Minute Order

NOTICE OF DEMURRER AND DEMURRER BY DEFENDANT PRETTY BIRD PICTURES, INC. TO COMPLAINT OF PLAINTIFFS LILLIAN CARTER, NEKAYA CARTER, AND CRYSTAL CARTER; SUPPORTING MEMORANDUM OF POINTS AND AUTHORITIES

8/11/2015: NOTICE OF DEMURRER AND DEMURRER BY DEFENDANT PRETTY BIRD PICTURES, INC. TO COMPLAINT OF PLAINTIFFS LILLIAN CARTER, NEKAYA CARTER, AND CRYSTAL CARTER; SUPPORTING MEMORANDUM OF POINTS AND AUTHORITIES

NOTICE OF ERRATA AND CORRECTION TO PLAINTIFFS' NOTICE OF APPEAL

11/8/2016: NOTICE OF ERRATA AND CORRECTION TO PLAINTIFFS' NOTICE OF APPEAL

NOTICE OF FILING OF NOTICE OF APPEAL (UNLIMITED JURISDICTION)

11/9/2016: NOTICE OF FILING OF NOTICE OF APPEAL (UNLIMITED JURISDICTION)

141 More Documents Available

 

Docket Entries

  • 01/08/2019
  • at 08:30 AM in Department A, Maurice A. Leiter, Presiding; Case Management Conference - Held - Continued

    Read MoreRead Less
  • 01/08/2019
  • at 08:30 AM in Department A, Maurice A. Leiter, Presiding; Order to Show Cause Re: (name extension) (Dismissal for Failure to Prosecute) - Held - Continued

    Read MoreRead Less
  • 01/08/2019
  • at 08:30 AM in Department A, Maurice A. Leiter, Presiding; Order to Show Cause Re: (name extension) (Sanctions against Defense Counsel T. Culpepper for Failure to Serve Cross-Complaint) - Held - Continued

    Read MoreRead Less
  • 01/08/2019
  • at 08:30 AM in Department A, Maurice A. Leiter, Presiding; Nunc Pro Tunc Order

    Read MoreRead Less
  • 01/08/2019
  • Minute Order ((Case Management Conference; Order to Show Cause Re: Dismissal...)); Filed by Clerk

    Read MoreRead Less
  • 01/08/2019
  • Minute Order ( (Nunc Pro Tunc Order)); Filed by Clerk

    Read MoreRead Less
  • 01/04/2019
  • Case Management Statement; Filed by Tam's 21 Rosewood, Inc. (Defendant)

    Read MoreRead Less
  • 12/31/2018
  • Case Management Statement; Filed by LILLIAN CARTER, INDIVIDUALLY AND AS THE (Plaintiff); ESTATE OF TERRY CARTER (Plaintiff); Lillian Carter (Plaintiff) et al.

    Read MoreRead Less
  • 12/04/2018
  • Response to OSC Re: Service; Filed by Marion Suge Knight (Defendant)

    Read MoreRead Less
  • 11/28/2018
  • at 08:30 AM in Department A, Maurice A. Leiter, Presiding; Order to Show Cause Re: (name extension) (Dismissal for Failure to Prosecute) - Held - Continued

    Read MoreRead Less
265 More Docket Entries
  • 06/26/2015
  • Proof-Service/Summons; Filed by Lillian Carter (Plaintiff); Nekaya Carter (Plaintiff); Crystal Carter (Plaintiff)

    Read MoreRead Less
  • 06/24/2015
  • AMENDMENT TO COMPLAINT

    Read MoreRead Less
  • 06/24/2015
  • Amendment to Complaint; Filed by Attorney for Plaintiff/Petitioner

    Read MoreRead Less
  • 06/24/2015
  • Amendment to Complaint; Filed by Lillian Carter (Plaintiff); Nekaya Carter (Plaintiff); Crystal Carter (Plaintiff)

    Read MoreRead Less
  • 06/03/2015
  • Summons; Filed by null

    Read MoreRead Less
  • 06/03/2015
  • Complaint; Filed by LILLIAN CARTER, INDIVIDUALLY AND AS THE (Plaintiff); ESTATE OF TERRY CARTER (Plaintiff); Lillian Carter (Plaintiff) et al.

    Read MoreRead Less
  • 06/03/2015
  • COMPLAINT FOR DAMAGES (PERSONAL INJURY) 1. WRONGFUL DEATH/NEGLIGENCE; ETC

    Read MoreRead Less
  • 06/03/2015
  • SUMMONS

    Read MoreRead Less
  • 06/03/2015
  • Civil Case Cover Sheet; Filed by Nekaya Carter (Plaintiff)

    Read MoreRead Less
  • 06/03/2015
  • Complaint

    Read MoreRead Less

Tentative Rulings

Case Number: BC583946    Hearing Date: July 28, 2020    Dept: A

# 13. Lilian Carter v. Universal Studios, Inc., et al.

Case No.: BC583946

Matter on calendar for: Motion to Deem Requests for Admissions as Admitted; Motion to Set Trial Date

Tentative ruling:

  1. Background

    This action arises out of a collision in which Defendant Marion “Suge” Knight struck Terry Carter with his car, and killed him, near 1201 Rosecrans Avenue, Compton, on January 29, 2015. Plaintiffs Lilian Carter, individually and as personal representative as the estate of Terry Carter, Nekaya Carter, and Crystal Carter filed a complaint alleging:

  1. Wrongful Death;

  2. Negligence;

  3. Assault and Battery.

    Plaintiffs move to deem their Requests for Admission, Set One, as admitted by Defendant Knight. Plaintiffs move separately for the Court to set a trial date; the previous date was vacated pursuant to the general orders issued by the Chief Justice and the Presiding Judge of this Court due to the Covid-19 pandemic.

    The motions originally were set for hearing on June 23, 2020. The motion to deem the requests as admitted was continued to July 28, 2020, and the motion to set a trial date was taken off-calendar for lack of proper notice. Plaintiffs have re-served the motion to set a trial date.

    For the reasons set forth below, the Court denies the motion to deem the request for admissions as admitted. The motion to set a trial date is granted in part.

  1. Standard

    1. Motion to Deem Requests for Admission as Admitted

      “ ‘Requests for admission . . . are primarily aimed at setting at rest a triable issue so that it will not have to be tried. Thus, such requests, in a most definite manner, are aimed at expediting trial.’ [Citation.]” (St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 774–775.) Under Code of Civil Procedure § 2033.280(d), if a party fails to timely respond to requests for admission, the propounding party may move for an order deeming the matter admitted. (Id. at 775.) “The court must also impose monetary sanctions upon the party and/or the attorney for the failure to serve a timely response to the RFAs. [C.C.P., § 2033.280(c).]” (Ibid.) If the responding party serves its responses before the hearing the court must deny the motion. (Ibid.) “ ‘But woe betide the party who fails to serve responses before the hearing. In that instance the court has no discretion but to grant the admission motion, usually with fatal consequences for the defaulting party.’ [Citation.]” (Ibid.)

    2. Motion to Specially Set a Trial Date

California Rules of Court, Rule 3.1335(a), requires a party requesting to advance, specially set, or reset a case for trial to file a noticed motion or ex parte application. The moving party must make an affirmative showing of good cause based on a declaration that is served with the motion or application. (Cal. Rules of Court, Rule 3.1335(b).)

  1. Analysis

    1. Judicial notice

Plaintiffs request judicial notice of the Presiding Judge’s July 10, 2020 general order. This request is granted. (Evid. Code, § 452(c).)

    1. Motion to Deem Requests for Admission as Admitted

Knight served responses to plaintiffs’ requests for admission prior to the hearing. Plaintiffs argue Knight failed to properly verify the responses, making the responses are invalid. (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.) (Knight is incarcerated, and his counsel provided a transcript of a telephone call in which Knight orally verified the responses.) Knight subsequently signed a verification and re-served the responses. This issue is now moot.

Under Code of Civil Procedure § 2033.280, an untimely response to requests for admission results in a waiver of all objections unless “[t]he court, on motion” relieves the responding party from its waiver. Relief requires that (1) the party has subsequently served a statutorily compliant response and (2) “the party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.” (C.C.P. § 2033.280(a).) Knight has shown inadvertence and excusable neglect for his failure to timely serve his responses. He was served while pro per and incarcerated, with an envelope not labeled as legal mail (Opp. Exh. 19), and while it was known he was in the process of retaining counsel.

Plaintiffs argue that the Court should disregard Knight’s showing of mistake, inadvertence or excusable neglect because Knight made that showing in his opposition to plaintiffs’ motion, rather than in a separately-filed motion. The argument is unpersuasive; it is a distinction without difference. The requests for admission are currently before the Court, as is Knight’s showing that he is entitled to relief.

Knight has served responses and shown he is entitled to relief from waiver. The motion to deem the requests for admission as admitted are denied.

    1. Motion to Set Trial Date

Plaintiffs ask that the Court set this case for trial within the five-year statutory period under Code of Civil Procedure § 583.310. This case was filed on June 3, 2015. Section § 583.310 mandates that an action be “brought to trial within five years after the action is commenced against the defendant.” The five-year date would have passed on June 3, 2020. However, the Judicial Council of California issued Emergency Rules to address issues arising from the Covid-19 pandemic; those rules include a 60-day extension to section 583.310’s deadline. (Cal. Rules of Court, Emer. Rule 10(a).) Accounting for the emergency rule, the new five-year date for this case would be August 3, 2020.

Plaintiffs also argue that the five-year date should be extended by an additional sixteen months, to account for a period in which they were prevented from moving the case forward by Defendant Knight’s inability to secure counsel. The case was remitted to this Court from the Court of Appeal on July 25, 2018. The Court held status conferences on April 11, 2019, May 9, 2019, and June 28, 2019, but Knight’s counsel failed to appear. The Court then granted Knight’s request for additional time to secure counsel on September 13, 2019. On December 6, 2019, Knight represented that he had hired an attorney, Dawn Christensen, to represent him. The Final Status Conference then was scheduled for March 3, 2020, with a trial date of April 6, 2020. As noted, ultimately Knight retained a different lawyer.

Code of Civil Procedure § 583.340 governs the calculation of the five-year limit and excludes time during which “[b]ringing the action to trial . . . was impossible, impracticable, or futile.” (C.C.P., § 583.340(c).) “ ‘What is impossible, impracticable, or futile is determined in light of all the circumstances of a particular case, including the conduct of the parties and the nature of the proceedings.’ [Brown & Bryant, Inc. v. Hartford Accident & Indemnity Co. (1994) 24 Cal.App.4th 247, 251.]” (Moss v. Stockdale, Peckham & Werner (1996) 47 Cal.App.4th 494, 502.)

The Court concludes that plaintiffs were delayed by eight months, April 2019 to December 2019, by no fault of their own. During that period bringing the action to trial would have been impossible or impracticable. Accordingly, the date by which this action must be brought to trial is extended by eight months, to April 3, 2021.

Knight, in his opposition, argues that plaintiffs have not shown reasonable diligence because they searched for Mr. Culpepper, Knight’s prior counsel, only in the state corrections system, and not in the federal system. (Opp. at 9.) This is unpersuasive; it does not change the analysis.

  1. Ruling

    The motion to deem the requests for admission as admitted is denied.

    The motion to set a trial date is granted, in part. The trial date will be set at hearing.

    Next dates:

    Notice: