This case was last updated from Los Angeles County Superior Courts on 06/03/2019 at 02:06:15 (UTC).

SCOTTY MACDOWALL VS HOUSE OF BLUES

Case Summary

On 07/22/2016 SCOTTY MACDOWALL filed a Personal Injury - Other Personal Injury lawsuit against HOUSE OF BLUES. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is LAURA A. SEIGLE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7280

  • Filing Date:

    07/22/2016

  • 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 Judge

LAURA A. SEIGLE

 

Party Details

Plaintiff, Petitioner and Appellant

MACDOWALL SCOTTY

Defendants and Respondents

HOUSE OF BLUES

DOES 1 TO 100

HOUSE OF BLUES LOS ANGELES RESTAURANT

LIVE NATION WORLDWIDE INC.

MAZIQUE STEVEN CHRISTOPHER

MANZIQUE STEVEN CHRISTOPHER DOE 1

LIVE NATION WORLDWIDE INC.DOE 21

LOPEZ JOSUE ULISES

Guardian Ad Litem

LOPEZ DENISE

Not Classified By Court

ESNER CHANG & BOYER

SARACIONE INGRID J.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

LAW OFFICE OF CONNIE ARROYO

RODRIGUEZ CONNIE ARROYO

Defendant Attorneys

SCHONBUCH MICHAEL NEIL

LEAVITT SCOTT

 

Court Documents

Answer

5/23/2019: Answer

Minute Order

3/16/2018: Minute Order

Motion to Compel Further Discovery Responses

3/26/2018: Motion to Compel Further Discovery Responses

ORDER RE: DEFENDANT'S EXPARTE APPLICATION TO CONTINUE TRIAL DATE AND TRIAL RELATED DEADLINES PURSUANT TO STIPULATION

5/10/2018: ORDER RE: DEFENDANT'S EXPARTE APPLICATION TO CONTINUE TRIAL DATE AND TRIAL RELATED DEADLINES PURSUANT TO STIPULATION

Minute Order

5/10/2018: Minute Order

Minute Order

5/31/2018: Minute Order

NOTICE OF RULING REGARDING DEFENDANT'S MOTION TO STRIKE

6/1/2018: NOTICE OF RULING REGARDING DEFENDANT'S MOTION TO STRIKE

Minute Order

8/28/2018: Minute Order

Unknown

10/18/2018: Unknown

Unknown

10/18/2018: Unknown

Unknown

12/19/2018: Unknown

Unknown

1/22/2019: Unknown

Minute Order

2/7/2019: Minute Order

Notice of Change of Address or Other Contact Information

4/10/2019: Notice of Change of Address or Other Contact Information

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

7/22/2016: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

ANSWER TO FIRST AMENDED COMPLAINT

9/26/2016: ANSWER TO FIRST AMENDED COMPLAINT

[ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

12/14/2017: [ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

69 More Documents Available

 

Docket Entries

  • 05/23/2019
  • Answer; Filed by House of Blues Los Angeles Restaurant (Defendant); Live Nation Worldwide, Inc. (Defendant); Josue Ulises Lopez (Defendant) et al.

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  • 04/25/2019
  • Complaint (3rd); Filed by Scotty MacDowall (Plaintiff)

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  • 04/25/2019
  • Amended Complaint (Fourth); Filed by Scotty MacDowall (Plaintiff); Scotty MacDowall (Plaintiff)

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  • 04/17/2019
  • at 5:00 PM in Department 4B, Laura A. Seigle, Presiding; Court Order

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  • 04/17/2019
  • Minute Order ( (Court Order)); Filed by Clerk

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  • 04/17/2019
  • Certificate of Mailing for (Minute Order (Court Order) of 04/17/2019); Filed by Clerk

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  • 04/15/2019
  • at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 04/15/2019
  • at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 04/10/2019
  • Notice of Change of Address or Other Contact Information; Filed by Connie Arroyo Rodriguez (Attorney)

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  • 04/09/2019
  • Notice (Notice of trial Setting Conference); Filed by House of Blues Los Angeles Restaurant (Defendant)

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164 More Docket Entries
  • 08/24/2016
  • Summons; Filed by Scotty MacDowall (Plaintiff)

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  • 08/24/2016
  • First Amended Complaint; Filed by Scotty MacDowall (Plaintiff)

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  • 08/24/2016
  • SUMMONS ON FIRST AMENDED COMPLAINT

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  • 08/12/2016
  • Notice; Filed by Clerk

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  • 08/12/2016
  • NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 08/09/2016
  • Application ; Filed by Plaintiff/Petitioner

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  • 08/09/2016
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL EX PARTE

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  • 07/22/2016
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 07/22/2016
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 07/22/2016
  • Complaint; Filed by Scotty MacDowall (Plaintiff)

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Tentative Rulings

Case Number: BC627280    Hearing Date: December 27, 2019    Dept: 4B

[TENTATIVE] ORDER RE: MOTION TO CONTINUE TRIAL

On July 22, 2016, plaintiff Scotty MacDowall filed this action against defendant House of Blues, Live Nation Worldwide, Inc., Steven Christopher Mazique, and Josue Lopez for injuries sustained during an altercation by security guards on January 30, 2015. Trial is currently scheduled for March 27, 2020 and Plaintiff requests a continuance to October 5, 2020 or the soonest date thereafter. Plaintiff’s motion is unopposed. This case will be more than 3 years and 8 months old by the time of trial.

Plaintiff has not shown good cause to continue the trial date. Plaintiff has had sufficient time to take discovery in the past three-plus years. Plaintiff shows no good cause for not serving discovery earlier, not noticing depositions earlier, and not moving to compel depositions when witnesses did not appear on noticed dates. Plaintiff argues various witnesses are not available to be deposed, but does not present evidence that they are unavailable for depositions in the next two months before the discovery cutoff date. No evidence is presented that Ms. Butler is unable to sit for a deposition despite cancer treatment or that her cancer treatment will continue beyond the discovery cutoff date.

Accordingly, Plaintiff’s motion is DENIED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative.

Case Number: BC627280    Hearing Date: November 14, 2019    Dept: 4B

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO COMPEL DEFENDANT STEVEN CHRISTOPHER MAZIQUE’S RESPONSES TO FORM INTERROGATORIES (SET ONE) AND MONETARY SANCTIONS

On July 22, 2016, Plaintiff Scotty MacDowall (“Plaintiff”) filed this action against Defendant House of Blues for an assault and battery on January 30, 2015 by security guards. One of the security guards, Defendant Steven Christopher Mazique (“Mazique”) was later added to the case as Doe 1.

On May 14, 2019, Plaintiff served Form Interrogatories (Set One) to Mazque. On July 16, 2019, defense counsel sent responses without verifications. Plaintiff’s counsel sent a meet and confer letter on July 19, 2019. Mazique did not serve verifications. Plaintiff seeks to compel Mazique’s verified responses to discovery and monetary sanctions.

Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work product. (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).)

Mazique argues he served substantive responses on July 16, 2019 and verifications on October 29, 2019. Because “unsworn responses are tantamount to no responses at all” (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636; Zorro Inv. Co. v. Great Pacific Securities Corp. (1977) 69 Cal.App.3d 907, 914), Mazique’s responses are untimely and his objections have been waived. Accordingly, the Motions to compel Mazique’s responses are GRANTED. Mazique is to serve verified responses, without objection, to Plaintiff’s Form Interrogatories (Set One) within twenty (20) days of the date of this Order.

Where the court grants a motion to compel responses, sanctions shall be imposed against the party who unsuccessfully makes or opposes a motion to compel, unless the party acted with substantial justification or the sanction would otherwise be unjust. (Code Civ. Proc., § 2030.290, subd. (c), 2031.300, subd. (c).) Defendant provided the verification only after Plaintiff filed the motion to compel and many months after the verification was due. Plaintiff’s request for monetary sanctions is GRANTED and imposed against Mazique in the reduced amount of $560.00, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.