This case was last updated from Los Angeles County Superior Courts on 06/05/2019 at 03:51:49 (UTC).

MARIA ALAMO VS CITY OF MONTEBELLO

Case Summary

On 11/29/2016 MARIA ALAMO filed a Personal Injury - Motor Vehicle lawsuit against CITY OF MONTEBELLO. 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:

    ****2083

  • Filing Date:

    11/29/2016

  • 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

Plaintiffs and Petitioners

ALAMO MARIA

NORIEGA ALBERTO

Defendants and Respondents

MONTEBELLO CITY OF

DOES 1 TO 25

LARA DAVID DOE 2

LOS ANGELES COUNTY METROPOLITAN

ANDRADE JANINE ANN DOE 1

PADILLA BRIANNON

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

AZIZI DAVID ESQ.

FLANNERY COURTNEY DAWN

SARAJIAN ALEX ESQ.

Defendant Attorneys

COLVIN RODGER A. ESQ.

NEBENZAHL MICHAEL R. ESQ.

ALVAREZ-GLASMAN & COLVIN

 

Court Documents

NOTICE OF CHANGE OF ADDRESS

1/5/2018: NOTICE OF CHANGE OF ADDRESS

NOTICE RE: CONTINUANCE OF HEARING

1/18/2018: NOTICE RE: CONTINUANCE OF HEARING

PLAINTIFF'S NOTICE OF JOINDER N CROSS-COMPLAINANT'S APPLICATION FOR PUBLICATION

4/18/2018: PLAINTIFF'S NOTICE OF JOINDER N CROSS-COMPLAINANT'S APPLICATION FOR PUBLICATION

PROOF OF SERVICE SUMMONS

4/18/2018: PROOF OF SERVICE SUMMONS

REQUEST FOR ENTRY OF DEFAULT

7/23/2018: REQUEST FOR ENTRY OF DEFAULT

ORDER AND STIPULATION TO CONTINUE TRIAL

8/10/2018: ORDER AND STIPULATION TO CONTINUE TRIAL

ANSWER TO CROSS-COMPLAINT ON BEHALF OF CROSS-DEFENDANT JANINE ANN ANDRADE; DEMAND FOR TRIAL BY JURY

9/4/2018: ANSWER TO CROSS-COMPLAINT ON BEHALF OF CROSS-DEFENDANT JANINE ANN ANDRADE; DEMAND FOR TRIAL BY JURY

CITY OF MONTEBELLO'S NOTICE OF MOTION AND MOTION TO CONSOLIDATE RELATED CASES; ETC

9/27/2018: CITY OF MONTEBELLO'S NOTICE OF MOTION AND MOTION TO CONSOLIDATE RELATED CASES; ETC

Order

10/25/2018: Order

Motion to Compel Discovery

11/2/2018: Motion to Compel Discovery

Amendment to Complaint (Fictitious/Incorrect Name)

11/13/2018: Amendment to Complaint (Fictitious/Incorrect Name)

Ex Parte Application

11/20/2018: Ex Parte Application

Minute Order

11/20/2018: Minute Order

Minute Order

1/22/2019: Minute Order

DEFENDANT CITY OF MONTEBELLO'S MOTION FOR LEAVE TO FILE CROSSCOMPLAINT;ETC.

2/23/2017: DEFENDANT CITY OF MONTEBELLO'S MOTION FOR LEAVE TO FILE CROSSCOMPLAINT;ETC.

AMENDMENT TO COMPLAINT

3/15/2017: AMENDMENT TO COMPLAINT

ORDER RE: MOTION FOR LEAVE TO FILE CROSS-COMPLAINT

3/28/2017: ORDER RE: MOTION FOR LEAVE TO FILE CROSS-COMPLAINT

SUMMONS CROSS-COMPLAINT

4/20/2017: SUMMONS CROSS-COMPLAINT

29 More Documents Available

 

Docket Entries

  • 03/25/2019
  • Answer; Filed by Alberto Noriega (Plaintiff); Briannon Padilla (Defendant)

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  • 02/07/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Order to Show Cause Re: Dismissal - Not Held - Vacated by Court

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  • 01/24/2019
  • Notice of Ruling; Filed by Montebello, City of (Defendant)

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  • 01/22/2019
  • at 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Motion to Compel (Responses to Form Interrogatories and Request for Monetary Sanctions) - Held - Motion Granted

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  • 01/22/2019
  • at 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Motion to Compel (Responses to Special Interrogatories and Request for Monetary Sancttions) - Held - Motion Granted

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  • 01/22/2019
  • at 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Motion to Compel (Responses to Demand for Production of Documents and Request for Monetary Sanctions) - Held - Motion Granted

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  • 01/22/2019
  • Minute Order ( (Hearing on Motion to Compel Responses to Demand for Productio...)); Filed by Clerk

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  • 12/13/2018
  • Amendment to Complaint (Fictitious/Incorrect Name); Filed by Maria Alamo (Plaintiff)

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  • 12/05/2018
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court

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  • 12/04/2018
  • Notice of Ruling; Filed by Montebello, City of (Defendant)

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63 More Docket Entries
  • 02/23/2017
  • Motion for Leave; Filed by Montebello, City of (Defendant)

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  • 02/23/2017
  • Cross-Complaint; Filed by Montebello, City of (Defendant)

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  • 02/23/2017
  • DEFENDANT CITY OF MONTEBELLO'S MOTION FOR LEAVE TO FILE CROSSCOMPLAINT;ETC.

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  • 02/23/2017
  • CROSS-COMPLAINT OF THE CITY OF MONTEBELLO FOR NEGLIGENCE, COMPARATIVE INDEMNITY, AND DECLARATORY RELIEF

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  • 02/07/2017
  • Complaint; Filed by Alberto Noriega (Plaintiff)

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  • 01/19/2017
  • Answer; Filed by Montebello, City of (Defendant)

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  • 01/19/2017
  • DEFENDANT CITY OF MONTEBELLO'S ANSWER TO PLAINTIFF'S COMPLAINT

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  • 11/29/2016
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 11/29/2016
  • SUMMONS

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  • 11/29/2016
  • Complaint; Filed by Maria Alamo (Plaintiff)

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Tentative Rulings

Case Number: BC642083    Hearing Date: December 20, 2019    Dept: 5

Superior Court of California

County of Los Angeles

Department 5

Maria alamo,

Plaintiff,

v.

city of montebello.,

Defendant.

ALBERTO NOIEGA,

Plaintiff,

v.

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY; CITY OF MONTEBELLO,

Defendants.

Case No.: BC642083

Hearing Date: December 20, 2019

[Tentative] order RE:

MOTION TO COMPEL DEPOSITION OF PLAINTIFF ALBERTO NORIGEA

Plaintiff Maria Alamo (“Alamo”) filed this action against Defendant City of Montebello (“Montebello”) following an accident involving a city bus. Plaintiff Alberto Noriega (“Noriega”) filed an action based upon the same accident. Then, Montebello filed a cross-complaint against Janine Ann Andradre (“Andrade”) and, later, Briannon Padilla (“Padilla”). Now, Andrade and Padilla seek to compel a deposition of Noriega on January 10, 2020.

Andradre and Padilla assert that Noriega has failed to appear at four properly-noticed depositions. (Flannery Decl. ¶¶ 7-8, 9-10, 11-12, 13-14, Exs. B-H.) Noriega represents that he does not oppose the deposition, but indicates that he requires accommodation because he suffers from severe jaw pain, headaches and an inability to concentrate.

The Court is concerned because it does not appear that the parties have made a good-faith effort to resolve this dispute without court intervention. Indeed, there is no declaration stating that the parties have met-and-conferred pursuant to Code of Civil Procedure section 2025.450(b). The correspondence between the parties contributes to the Court’s concerns.

Therefore, the Court continues the hearing on this motion. In the interim, the parties are ordered to meet-and-confer to attempt to resolve this dispute amongst themselves. The Court’s tentative views are as follows:

1. If Noriega stipulates that he will not testify live at trial, a deposition by way of written question and answer is sufficient.

2. If Noriega wishes to testify at trial, which is his right, he must submit to a live deposition in advance of trial, and the parties must work together to structure the deposition in a manner as to accommodate his injuries.

3. If the parties cannot work together to accommodate Noriega’s injuries, the Court would order a deposition on a specific date and would order the parties to retain a discovery referee to preside over the deposition. If so, the Court would order the parties to bear the cost equally.

CONCLUSION AND ORDER

The Court continues the hearing on this motion to January 15, 2020, at 1:30 p.m. The parties to the motion are ordered to meet-and-confer on or before January 2, 2020. If the parties resolve the issue, they are ordered to take the motion off-calendar on or before January 6, 2020. If not, the parties are ordered to file a joint statement detailing their efforts to meet-and-confer, describing any agreements, and informing the Court that the motion must be heard. The Court’s clerk shall provide notice.

DATED: December 20, 2019 ___________________________

Hon. Stephen I. Goorvitch

Judge of the Superior Court