This case was last updated from Los Angeles County Superior Courts on 09/22/2021 at 02:31:20 (UTC).

ALFONSO HERRERA VS KNIGHT TRANSPORTATION, INC., ET AL.

Case Summary

On 11/19/2020 ALFONSO HERRERA filed a Personal Injury - Other Personal Injury lawsuit against KNIGHT TRANSPORTATION, INC . This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is MICHAEL E. WHITAKER. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4397

  • Filing Date:

    11/19/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MICHAEL E. WHITAKER

 

Party Details

Plaintiff

HERRERA ALFONSO

Defendants

KNIGHT TRANSPORTATION INC.

ILES JAMES A.

Not Classified By Court

SSA CONTAINERS INC.

HOMEPORT INSURANCE COMPANY

Attorney/Law Firm Details

Plaintiff and Not Classified By Court Attorneys

KRISSMAN JOEL

ALECCIA JAMES PETER

Defendant Attorneys

HERZOG VANESSA K.

CHUNG JAION

 

Court Documents

Notice of Ruling

9/20/2021: Notice of Ruling

Notice of Ruling - NOTICE OF RULING ON MOTION BY DEFENDANT FOR STAY OF CIVIL PROCEEDINGS AND DISCOVERY

6/2/2021: Notice of Ruling - NOTICE OF RULING ON MOTION BY DEFENDANT FOR STAY OF CIVIL PROCEEDINGS AND DISCOVERY

Reply - REPLY BY DEFT. JAMES A. ILES IN SUPPORT OF MOTION AND MOTION FOR STAY OF CIVIL PROCEEDINGS AND DISCOVERY

5/12/2021: Reply - REPLY BY DEFT. JAMES A. ILES IN SUPPORT OF MOTION AND MOTION FOR STAY OF CIVIL PROCEEDINGS AND DISCOVERY

Opposition - OPPOSITION PLAINTIFF HERRERA'S OPPOSITION TO DEFENDANT ILES' MOTION FOR STAY

5/4/2021: Opposition - OPPOSITION PLAINTIFF HERRERA'S OPPOSITION TO DEFENDANT ILES' MOTION FOR STAY

Motion for Stay of Proceedings

4/1/2021: Motion for Stay of Proceedings

Answer

4/1/2021: Answer

Answer

3/17/2021: Answer

Notice of Appearance

3/17/2021: Notice of Appearance

Proof of Service by Mail

2/18/2021: Proof of Service by Mail

Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE)

2/22/2021: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE)

Reply - REPLY TO PLAINTIFF'S OPPOSITION TO DEMURRER OF DEFENDANT KNIGHT TRANSPORTATION'S TO PLAINTIFF'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

2/10/2021: Reply - REPLY TO PLAINTIFF'S OPPOSITION TO DEMURRER OF DEFENDANT KNIGHT TRANSPORTATION'S TO PLAINTIFF'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

Opposition - OPPOSITION PLAINTIFF HERRERA'S OPPOSITION TO DEFENDANT KNIGHT'S DEMURRER

2/4/2021: Opposition - OPPOSITION PLAINTIFF HERRERA'S OPPOSITION TO DEFENDANT KNIGHT'S DEMURRER

Proof of Personal Service

12/23/2020: Proof of Personal Service

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER]

12/17/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER]

PI General Order

12/17/2020: PI General Order

Notice of Posting of Jury Fees

12/8/2020: Notice of Posting of Jury Fees

Civil Case Cover Sheet

11/19/2020: Civil Case Cover Sheet

Notice of Case Assignment - Unlimited Civil Case

11/19/2020: Notice of Case Assignment - Unlimited Civil Case

18 More Documents Available

 

Docket Entries

  • 11/16/2023
  • Hearing11/16/2023 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 05/19/2022
  • Hearing05/19/2022 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 05/05/2022
  • Hearing05/05/2022 at 10:00 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 03/04/2022
  • Hearing03/04/2022 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Status Conference

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  • 09/20/2021
  • DocketNotice of Ruling; Filed by James A. Iles (Defendant)

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  • 09/16/2021
  • Docketat 08:30 AM in Department 32, Michael E. Whitaker, Presiding; Status Conference (Re Status of Defendant James A. Iles' Criminal Proceedings (Case No. 0LB16328)) - Held - Continued

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  • 09/16/2021
  • DocketMinute Order ( (Status Conference Re: Status of Defendant James A. Iles' Cri...)); Filed by Clerk

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  • 08/27/2021
  • Docketat 11:00 AM in Department 32, Michael E. Whitaker, Presiding; Informal Discovery Conference (IDC) - Held

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  • 08/27/2021
  • DocketMinute Order ( (Informal Discovery Conference (IDC))); Filed by Clerk

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  • 08/12/2021
  • DocketInformal Discovery Conference Form for Personal Injury Courts; Filed by Alfonso Herrera (Plaintiff)

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18 More Docket Entries
  • 01/25/2021
  • DocketDemurrer - without Motion to Strike (To Plaintiff's Complaint;); Filed by Knight Transportation, Inc. (Defendant)

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  • 12/23/2020
  • DocketProof of Personal Service; Filed by Alfonso Herrera (Plaintiff)

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  • 12/17/2020
  • DocketCertificate of Mailing for ([PI General Order]); Filed by Clerk

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  • 12/17/2020
  • DocketPI General Order; Filed by Clerk

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  • 12/08/2020
  • DocketDemand for Jury Trial; Filed by Alfonso Herrera (Plaintiff)

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  • 12/08/2020
  • DocketNotice of Posting of Jury Fees; Filed by Alfonso Herrera (Plaintiff)

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  • 11/19/2020
  • DocketCivil Case Cover Sheet; Filed by Alfonso Herrera (Plaintiff)

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  • 11/19/2020
  • DocketSummons (on Complaint); Filed by Alfonso Herrera (Plaintiff)

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  • 11/19/2020
  • DocketComplaint; Filed by Alfonso Herrera (Plaintiff)

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  • 11/19/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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Tentative Rulings

Case Number: 20STCV44397    Hearing Date: May 19, 2021    Dept: 32

PLEASE NOTE: Parties who intend to submit on this tentative must send an email to the court at sscdept32@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear in-person or remotely.

TENTATIVE RULING

DEPARTMENT

32

HEARING DATE

May 19, 2021

CASE NUMBER

20STCV44397

MOTION

Motion for Stay of Proceedings

MOVING PARTY

Defendant James A. Iles

OPPOSING PARTY

Plaintiff Alfonso Herrera

MOTION

Plaintiff Alfonso Herrera (“Plaintiff”) sued James A. Iles (“Defendant”) for assault and battery. Defendant moves for a stay of this case pending the outcome of the criminal proceedings. Plaintiff opposes the motion.

ANALYSIS

Where a civil defendant faces criminal prosecution based on the same facts as those at issue in a pending civil action, the defendant is entitled to invoke the Fifth Amendment privilege without penalty. In those circumstances, a stay of the civil action until disposition of the criminal matter may be appropriate. (Pacers v. Superior Court (1984) 162 Cal.App.3d 686, 690.)

The Los Angeles County District Attorney’s Office filed charges against Defendant based on the underlying incident in People v. Iles (Super. Ct. L.A. County, 2020, No. 0LB16328). Those charges remain pending. In determining whether a stay is appropriate, the court considers the following factors: “(1) the interest of the plaintiffs in proceeding expeditiously with this litigation or any particular aspect of it, and the potential prejudice to plaintiffs of a delay; (2) the burden which any particular aspect of the proceedings may impose on defendants; (3) the convenience of the court in the management of its cases, and the efficient use of judicial resources; (4) the interests of persons not parties to the civil litigation; and (5) the interest of the public in the pending civil and criminal litigation.”  (Avant! Corp. v. Superior Court (2000) 79 Cal.App.4th 876, 885, internal quotations omitted.)

Defendant faces criminal charges based on the underlying altercation with Plaintiff. Defendant should not have to choose between incriminating himself or meaningfully defending this action.  The potential exists for “the prosecutors to monitor the civil proceedings hoping to obtain incriminating testimony . . . through civil discovery . . . .”  (Fuller v. Superior Court (2001) 87 Cal.App.4th 299, 309, internal quotations omitted.)  Defending this proceeding places significant burdens on Defendant. These burdens warrant a stay.

CONCLUSION AND ORDER

Therefore, the Court grants Defendant’s motion for a stay of this case and sets a status hearing re criminal proceedings in People v. Iles (Super. Ct. L.A. County, 2020, No. 0LB16328) for September 16, 2021 at 8:30 A.M. in Department 32. At this time, the Court declines to vacate the current trial and final status conference dates.

Defendant is ordered to provide notice of this order and file a proof of service of such.

Case Number: 20STCV44397    Hearing Date: February 22, 2021    Dept: 32

PLEASE NOTE: Parties who intend to submit on this tentative must send an email to the court at sscdept32@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear in-person or remotely.

 

TENTATIVE RULING

DEPARTMENT

32

HEARING DATE

February 22, 2021

CASE NUMBER

20STCV44397

MOTION

Demurrer to Complaint

MOVING PARTY

Defendant Knight Transportation, Inc.

OPPOSING PARTY

Plaintiff Alfonso Herrera

MOTION

Plaintiff Alfonso Herrera (“Plaintiff”) alleges that Defendant James A. Iles (“Iles”) assaulted Plaintiff. Plaintiff alleges that, at the time of the underlying incident, Plaintiff was working as a security guard, and Iles was driving a tractor trailer for Defendant Knight Transportation, Inc. (“Defendant”). Defendant demurs to the claims for assault, battery, and intentional infliction of emotional distress in Plaintiff’s complaint.

ANALYSIS

“It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.”  (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.)  In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint.  (Code Civ. Proc., § 452.) “This rule of liberal construction means that the reviewing court draws inferences favorable to the plaintiff, not the defendant.”  (Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228, 1238.)

Defendant argues that Plaintiff’s claims for battery, assault, and intentional infliction of emotional distress fail against Defendant, because Plaintiff has not alleged a basis to hold Defendant liable for Iles’s attack. An employer is liable for its employee’s wrongful acts “as a part of the transaction of [the employer’s] business . . . .” (Civ. Code, § 2338.) “The scope of employment has been broadly interpreted by the courts of this state. Employer liability has been imposed when the employee was not pursuing the aim of the employment at the time of the tort, when the employee's acts were willful or malicious, and even when the acts were against the employer's rules or policies and conferred no benefit upon it.” (John Y. v. Chaparral Treatment Center, Inc. (2002) 101 Cal.App.4th 565, 575.) “While the employee thus need not have intended to further the employer's interests, the employer will not be held liable for an assault or other intentional tort that did not have a causal nexus to the employee's work.” (Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal.4th 291, 297.)

Here, Plaintiff alleges that “Defendants, and each of them acting as agents and/or while in the course and scope of employment negligently hired, kept, managed, supervised, retained, and/or trained its employees, including Defendant James A. Iles. As a result of said negligence, Plaintiff Alfonso Herrera was proximately caused to suffer serious injuries and damages when Defendant’s container truck driver attempted to exit improperly from the subject premises of the Pacific Container Terminal to transport his employer’s tractor and container load. Said Defendant’s employee and agent, Defendant James A. Iles lost his temper and attempted to force Plaintiff, a security guard to allow his vehicle to pass. In doing so, Defendant James A. Iles made contact with Plaintiff’s body and assaulted and battered Plaintiff, causing severe emotional distress.” (Complaint, p. 4). In addition, Plaintiff alleges that Iles attacked Plaintiff “while in the course and scope of his employment and/or agency” for Defendant. (Complaint, p. 5.)

In short, Plaintiff alleges that the attack occurred as part of, and during, Iles’s performance of his duties for Defendant. At the pleading stage, Plaintiff has asserted sufficient allegations in the complaint to seek to hold Defendant liable for the attack. If Defendant contends that Iles was not acting in the course and scope of his employment at the time of the incident, Defendant must raise that argument via an appropriate evidentiary motion, e.g., summary judgment motion.

CONCLUSION AND ORDER

The Court overrules Defendant’s demurrer to Plaintiff’s complaint, and orders Defendant to answer the complaint within 10 days of the hearing. Defendant is ordered to provide notice of this order and file a proof of service of such.

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