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.
****2083
11/29/2016
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
STEPHEN I. GOORVITCH
ALAMO MARIA
NORIEGA ALBERTO
MONTEBELLO CITY OF
DOES 1 TO 25
LARA DAVID DOE 2
LOS ANGELES COUNTY METROPOLITAN
ANDRADE JANINE ANN DOE 1
PADILLA BRIANNON
AZIZI DAVID ESQ.
FLANNERY COURTNEY DAWN
SARAJIAN ALEX ESQ.
COLVIN RODGER A. ESQ.
NEBENZAHL MICHAEL R. ESQ.
ALVAREZ-GLASMAN & COLVIN
1/5/2018: NOTICE OF CHANGE OF ADDRESS
1/18/2018: NOTICE RE: CONTINUANCE OF HEARING
4/18/2018: PLAINTIFF'S NOTICE OF JOINDER N CROSS-COMPLAINANT'S APPLICATION FOR PUBLICATION
4/18/2018: PROOF OF SERVICE SUMMONS
7/23/2018: REQUEST FOR ENTRY OF DEFAULT
8/10/2018: ORDER AND STIPULATION TO CONTINUE TRIAL
9/4/2018: ANSWER TO CROSS-COMPLAINT ON BEHALF OF CROSS-DEFENDANT JANINE ANN ANDRADE; DEMAND FOR TRIAL BY JURY
9/27/2018: CITY OF MONTEBELLO'S NOTICE OF MOTION AND MOTION TO CONSOLIDATE RELATED CASES; ETC
10/25/2018: Order
11/2/2018: Motion to Compel Discovery
11/13/2018: Amendment to Complaint (Fictitious/Incorrect Name)
11/20/2018: Ex Parte Application
11/20/2018: Minute Order
1/22/2019: Minute Order
2/23/2017: DEFENDANT CITY OF MONTEBELLO'S MOTION FOR LEAVE TO FILE CROSSCOMPLAINT;ETC.
3/15/2017: AMENDMENT TO COMPLAINT
3/28/2017: ORDER RE: MOTION FOR LEAVE TO FILE CROSS-COMPLAINT
4/20/2017: SUMMONS CROSS-COMPLAINT
Answer; Filed by Alberto Noriega (Plaintiff); Briannon Padilla (Defendant)
at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Order to Show Cause Re: Dismissal - Not Held - Vacated by Court
Notice of Ruling; Filed by Montebello, City of (Defendant)
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
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
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
Minute Order ( (Hearing on Motion to Compel Responses to Demand for Productio...)); Filed by Clerk
Amendment to Complaint (Fictitious/Incorrect Name); Filed by Maria Alamo (Plaintiff)
at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court
Notice of Ruling; Filed by Montebello, City of (Defendant)
Motion for Leave; Filed by Montebello, City of (Defendant)
Cross-Complaint; Filed by Montebello, City of (Defendant)
DEFENDANT CITY OF MONTEBELLO'S MOTION FOR LEAVE TO FILE CROSSCOMPLAINT;ETC.
CROSS-COMPLAINT OF THE CITY OF MONTEBELLO FOR NEGLIGENCE, COMPARATIVE INDEMNITY, AND DECLARATORY RELIEF
Complaint; Filed by Alberto Noriega (Plaintiff)
Answer; Filed by Montebello, City of (Defendant)
DEFENDANT CITY OF MONTEBELLO'S ANSWER TO PLAINTIFF'S COMPLAINT
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
SUMMONS
Complaint; Filed by Maria Alamo (Plaintiff)
Case Number: BC642083 Hearing Date: December 20, 2019 Dept: 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