Search

Attributes

This case was last updated from Los Angeles County Superior Courts on 03/10/2021 at 02:11:59 (UTC).

ALPHA DAVIS VS CITY OF EL MONTE ET AL

Case Summary

On 09/27/2017 ALPHA DAVIS filed a Personal Injury - Motor Vehicle lawsuit against CITY OF EL MONTE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are YOLANDA OROZCO, LAURA A. SEIGLE, AMY D. HOGUE and EDWARD B. MORETON. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7840

  • Filing Date:

    09/27/2017

  • 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 Judges

YOLANDA OROZCO

LAURA A. SEIGLE

AMY D. HOGUE

EDWARD B. MORETON

 

Party Details

Plaintiff and Petitioner

DAVIS ALPHA

Defendants and Respondents

EL MONTE POLICE DEPARTMENT

DOES 1 TO 10 INCLUSIVE

EL MONTE CITY OF

TATE MARTHA

DEPARTMENT EL MONTE POLICE

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

SU AIHUI ESQ.

SU AIHUI

Defendant and Respondent Attorney

GALLAGHER TERRENCE J. ESQ.

 

Court Documents

Declaration - DECLARATION OF G. SETH MITCHELL IN SUPPORT OF PLAINTIFF ALPHA DAVIS'S OPPOSITION TO MOTION TO COMPEL SECOND DEPOSITION OF PLAINTIFF ALPHA DAVIS

2/23/2021: Declaration - DECLARATION OF G. SETH MITCHELL IN SUPPORT OF PLAINTIFF ALPHA DAVIS'S OPPOSITION TO MOTION TO COMPEL SECOND DEPOSITION OF PLAINTIFF ALPHA DAVIS

Opposition - OPPOSITION TO MOTION TO COMPEL SECOND DEPOSITION OF PLAINTIFF ALPHA DAVIS

2/23/2021: Opposition - OPPOSITION TO MOTION TO COMPEL SECOND DEPOSITION OF PLAINTIFF ALPHA DAVIS

Minute Order - MINUTE ORDER (COURT ORDER)

4/20/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Notice - NOTICE OF VACATED FINAL STATUS CONFERENCE AND TRIAL DATE

4/24/2020: Notice - NOTICE OF VACATED FINAL STATUS CONFERENCE AND TRIAL DATE

Motion to Compel - MOTION TO COMPEL NOTICE OF MOTION AND MOTION TO COMPEL SECOND DEPOSITION OF PLAINTIFF ALPHA DAVIS;

9/14/2020: Motion to Compel - MOTION TO COMPEL NOTICE OF MOTION AND MOTION TO COMPEL SECOND DEPOSITION OF PLAINTIFF ALPHA DAVIS;

Notice of Posting of Jury Fees

12/27/2019: Notice of Posting of Jury Fees

Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIAL

11/20/2019: Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIAL

Notice - NOTICE OF RULING RE PLAINTIFF ALPHA DAVIS'S EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIAL

11/21/2019: Notice - NOTICE OF RULING RE PLAINTIFF ALPHA DAVIS'S EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIAL

Minute Order - MINUTE ORDER (HEARING ON MOTION TO CONTINUE TRIAL)

6/24/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO CONTINUE TRIAL)

Stipulation and Order - Stipulation and Order To Continue Trial, FSC

3/6/2019: Stipulation and Order - Stipulation and Order To Continue Trial, FSC

PLAINTIFF ALPHA DAVIS'S NOTICE OF MOTION AND MOTION REQUESTS THE RELEASE OF INFORMATION FROM PERSONNEL FILES OF DEFENDANT MARTHA TATE; DECLARATION OF AIHUI SU IN SUPPORT THEREOF; (PROPOSED) ORDER

10/1/2018: PLAINTIFF ALPHA DAVIS'S NOTICE OF MOTION AND MOTION REQUESTS THE RELEASE OF INFORMATION FROM PERSONNEL FILES OF DEFENDANT MARTHA TATE; DECLARATION OF AIHUI SU IN SUPPORT THEREOF; (PROPOSED) ORDER

DECLARATION OF AIHUI SU IN SUPPORT OF PLAINTIFF'S PITCHESS MOTION

10/1/2018: DECLARATION OF AIHUI SU IN SUPPORT OF PLAINTIFF'S PITCHESS MOTION

PROOF OF SERVICE BY MAIL

3/1/2018: PROOF OF SERVICE BY MAIL

PROOF OF SERVICE OF SUMMONS

3/1/2018: PROOF OF SERVICE OF SUMMONS

Proof of Service by 1st Class Mail -

3/2/2018: Proof of Service by 1st Class Mail -

DEFENDANTS CITY OF EL MONTES AND EL MONTES POLICE DEPARTMENT S ANSWER TO PLAINTIFF S COMPLAINT; AND DEMAND FOR JURY TRIAL

3/26/2018: DEFENDANTS CITY OF EL MONTES AND EL MONTES POLICE DEPARTMENT S ANSWER TO PLAINTIFF S COMPLAINT; AND DEMAND FOR JURY TRIAL

Summons -

9/27/2017: Summons -

Complaint -

9/27/2017: Complaint -

21 More Documents Available

 

Docket Entries

  • 06/23/2021
  • Hearing06/23/2021 at 08:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

    Read MoreRead Less
  • 06/09/2021
  • Hearing06/09/2021 at 10:00 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

    Read MoreRead Less
  • 03/08/2021
  • Docketat 08:30 AM in Department 27, Edward B. Moreton, Presiding; Hearing on Motion to Compel (Second Deposition of Plaintiff) - Held - Motion Granted

    Read MoreRead Less
  • 03/08/2021
  • DocketMinute Order ( (Hearing on Motion to Compel Second Deposition of Plaintiff)); Filed by Clerk

    Read MoreRead Less
  • 03/01/2021
  • DocketReply (IN SUPPORT OF THEIR MOTION TO COMPEL SECOND SESSION OF PLAINTIFFS DEPOSITION); Filed by El Monte, City of (Defendant); El Monte Police Department (Defendant)

    Read MoreRead Less
  • 02/23/2021
  • DocketOpposition (to Motion to Compel Second Deposition of Plaintiff Alpha Davis); Filed by Alpha Davis (Plaintiff)

    Read MoreRead Less
  • 02/23/2021
  • DocketDeclaration (of G. Seth Mitchell in support of Plaintiff Alpha Davis's Opposition to Motion to Compel Second Deposition of Plaintiff Alpha Davis); Filed by Alpha Davis (Plaintiff)

    Read MoreRead Less
  • 09/28/2020
  • Docketat 08:30 AM in Department 27, Edward B. Moreton, Presiding; (OSC RE Dismissal) - Not Held - Advanced and Vacated

    Read MoreRead Less
  • 09/21/2020
  • DocketNotice (of Ruling re Trial Setting Conference); Filed by Alpha Davis (Plaintiff)

    Read MoreRead Less
  • 09/17/2020
  • Docketat 10:30 AM in Department 27, Edward B. Moreton, Presiding; Trial Setting Conference - Held

    Read MoreRead Less
41 More Docket Entries
  • 03/01/2018
  • DocketProof-Service/Summons; Filed by Alpha Davis (Plaintiff)

    Read MoreRead Less
  • 03/01/2018
  • DocketPROOF OF SERVICE OF SUMMONS

    Read MoreRead Less
  • 03/01/2018
  • DocketProof of Service by Mail; Filed by Alpha Davis (Plaintiff)

    Read MoreRead Less
  • 02/28/2018
  • DocketProof of Service by Mail; Filed by Alpha Davis (Plaintiff)

    Read MoreRead Less
  • 02/28/2018
  • DocketProof-Service/Summons; Filed by Alpha Davis (Plaintiff)

    Read MoreRead Less
  • 02/28/2018
  • DocketPROOF OF SERVICE SUMMONS

    Read MoreRead Less
  • 02/28/2018
  • DocketPROOF OF SERVICE BY MAIL

    Read MoreRead Less
  • 09/27/2017
  • DocketComplaint

    Read MoreRead Less
  • 09/27/2017
  • DocketComplaint; Filed by Alpha Davis (Plaintiff)

    Read MoreRead Less
  • 09/27/2017
  • DocketSummons; Filed by Alpha Davis (Plaintiff)

    Read MoreRead Less

Tentative Rulings

Case Number: BC677840    Hearing Date: March 8, 2021    Dept: 27

On September 27, 2017, Plaintiff Alpha Davis (“Plaintiff”) filed this action against Defendants and Martha Tate (collectively, “Defendants”) arising from an auto accident.  Plaintiff was deposed on November 1, 2018.  On September 14, 2020, Defendants filed this Motion seeking

Defense counsel states that on March 16, 2020, Plaintiff informed Defendantthat she is adding a claim for a mild traumatic brain injury (“mild TBI”).  (Lee Decl., ¶ 5.)  Defendants also argue a second deposition is warranted because Plaintiff was injured in a fall in August 2019 at an LA Fitness gym swimming pool and obtained subsequent medical treatment, which Defendants claim is relevant to her damages.  

“Once any party has taken the deposition of any natural person, including that of a party to the action, neither the party who gave, nor any other party who has been served with a deposition notice pursuant to Section 2025.240 may take a subsequent deposition of that deponent.”  (Code of Civ. Proc., § 2025.610, subd. (a).)  However, the Court, for good cause shown, may grant leave to take a subsequent deposition.  (Code of Civ. Proc., § 2025.610, subd. (b).)  Good Carlson v. Superior Court  1961) 56 Cal.2d 431, 439.) 

In opposition, Plaintiff argues there Plaintiff states no expert has concluded that she has suffered a mild TBI, only that her injuries were associated with a mild TBI.  Plaintiff contends that the remark about a mild TBI was made by a mediator to defense counsel, not by Plaintiff.  

Plaintiff appears to think that because she cannot provide an expert medical opinion as to her injuries, being deposed a second time will be fruitless.  However, Plaintiff could testify as to the facts surrounding her fall.  Plaintiff does not explain how her subsequent fall in 2019 may or may not have aggravated her injuries from the car accident, only that the rib fracture was documented.  Plaintiff can also testify as to the status of her injuries, as over 2 years have passed since she was first deposed in November 2018.  

Curiously, Plaintiff does not preclude the possibility that she mTBI mTBI.  She is not a doctor and cannot be held to that standard.  Further, this does not mean that she failed to disclose all of her injuries, as she clearly did.  At the same time, it is not even clear if the neurologists will opine that she suffered from an mTBI.”  If Plaintiff will not unequivocally rule out a mild TBI as an injury, then it would be a new factual issue that would subject her to a second deposition.  

Defendants’ Motion is GRANTED.  Plaintiff is ordered to appear for a second deposition within 30 days of the date of this Order. 

Moving party to give notice.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where EL MONTE CITY OF is a litigant

Latest cases represented by Lawyer SU AIHUI