This case was last updated from Los Angeles County Superior Courts on 11/23/2019 at 02:13:04 (UTC).

ANN MARIE DRAKE VS AIRSERV INC ET AL

Case Summary

On 02/07/2017 ANN MARIE DRAKE filed a Personal Injury - Other Personal Injury lawsuit against AIRSERV INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is PATRICIA D. NIETO. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9708

  • Filing Date:

    02/07/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

PATRICIA D. NIETO

 

Party Details

Plaintiffs and Petitioners

DRAKE ANN MARIE

JON DRAKE VLADIMIRTSEV AN IND. AND

Respondents and Defendants

AIRSERV INC

WILLIAMS DOE ATTENDANT

DOES 1-40

DRAKE STEVEN

HENRY DOE DRIVER

DOES 1-30

DRAKE JON

G2 STAFFING INC. A TEXAS CORPORATION

AMERICAN AIRLINES INC. DOE 1 AND 51

CITY OF LOS ANGELES

ATTENDANT WILLIAMS DOE

ABM AVIATION INC. A GEORGIA CORPORATION

AMERICAN AIRLINES INC. DOE 1

G2 SECURE STAL CA L.P.

HENTRY KARIMAH

AIRSERV INC. A CALIFORNIA CORPORATION

VLADIMIRTSEV

HENRY KARIMAH

Defendant and Cross Plaintiff

DRAKE STEVEN

16 More Parties Available

Attorney/Law Firm Details

Defendant, Cross Plaintiff and Plaintiff Attorneys

LEDERER & NOJIMA

THE REEVES LAW GORUP

HULTIN CASEY ANNE

LEDERER & NOJIMA LLP SETH MUMY

Plaintiff and Petitioner Attorney

THE REEVES LAW GORUP

Respondent, Defendant and Plaintiff Attorneys

FITZPATRICK & HUNT PAGANO AUBERT LLP

LEDERER & NOJIMA

ROSE ASHLEY

MOTLAGH JASMIN F.

DEWARR JACQUELINE DARLENE

AUBERT GARTH WOLFE

Respondent and Defendant Attorney

FITZPATRICK & HUNT PAGANO AUBERT LLP

 

Court Documents

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT OF ABM, AIRSERV & HENR...)

8/22/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT OF ABM, AIRSERV & HENR...)

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT OF AMERICAN AIRLINES, ...)

8/27/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT OF AMERICAN AIRLINES, ...)

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

8/27/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW (STATISTICAL ONLY))

8/28/2019: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW (STATISTICAL ONLY))

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [MINUTE ORDER (NON-APPEARANCE CASE REVIEW (STATISTICAL ONLY))]

8/28/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [MINUTE ORDER (NON-APPEARANCE CASE REVIEW (STATISTICAL ONLY))]

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (RULING ON SUBMITTED MATTER) OF 08/28/2019

8/28/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (RULING ON SUBMITTED MATTER) OF 08/28/2019

Minute Order - MINUTE ORDER (RULING ON SUBMITTED MATTER)

8/28/2019: Minute Order - MINUTE ORDER (RULING ON SUBMITTED MATTER)

Motion to Bifurcate - DEFENDANTS, G2 SECURE STAFF, LLC; AMERICAN AIRLINES, INC.; AND MICHAEL WILLIAMS' NOTICE OF MOTION AND MOTION TO BIFURCATE;

9/26/2019: Motion to Bifurcate - DEFENDANTS, G2 SECURE STAFF, LLC; AMERICAN AIRLINES, INC.; AND MICHAEL WILLIAMS' NOTICE OF MOTION AND MOTION TO BIFURCATE;

Opposition - PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO BIFURCATE TRIAL

10/9/2019: Opposition - PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO BIFURCATE TRIAL

Reply - DEFENDANTS, G2 SECURE STAFF, LLC; AMERICAN AIRLINES, INC.; AND MICHAEL WILLIAMS' MEMORANDUM OF POINTS AND AUTHORITIES IN REPLY TO PLAINTIFFS' OPPOSITION TO MOTION TO BIFURCATE

10/16/2019: Reply - DEFENDANTS, G2 SECURE STAFF, LLC; AMERICAN AIRLINES, INC.; AND MICHAEL WILLIAMS' MEMORANDUM OF POINTS AND AUTHORITIES IN REPLY TO PLAINTIFFS' OPPOSITION TO MOTION TO BIFURCATE

Joinder to Motion - DEFENDANTS ABM AVIATION, INC.'S, AIR SERV CORPORATION AND KARIMAH HENRY'S JOINDER IN DEFENDANTS G2 SECURE STAFF, LLC'S, AMERICAN AIRLINES, INC., AND MICHAEL WILLIAMS' MOTION TO BIF

10/17/2019: Joinder to Motion - DEFENDANTS ABM AVIATION, INC.'S, AIR SERV CORPORATION AND KARIMAH HENRY'S JOINDER IN DEFENDANTS G2 SECURE STAFF, LLC'S, AMERICAN AIRLINES, INC., AND MICHAEL WILLIAMS' MOTION TO BIF

Notice of Ruling

10/22/2019: Notice of Ruling

Minute Order - MINUTE ORDER (HEARING ON MOTION TO BIFURCATE)

10/23/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO BIFURCATE)

Ex Parte Application - EX PARTE APPLICATION PURSUANT TO STIPULATION TO SPECIALLY SET MOTION FOR PROTECTIVE ORDER

11/7/2019: Ex Parte Application - EX PARTE APPLICATION PURSUANT TO STIPULATION TO SPECIALLY SET MOTION FOR PROTECTIVE ORDER

Motion for Protective Order

11/13/2019: Motion for Protective Order

Separate Statement

11/13/2019: Separate Statement

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION PURSUANT TO STIPULATION TO SP...)

11/13/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION PURSUANT TO STIPULATION TO SP...)

Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

3/23/2018: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

189 More Documents Available

 

Docket Entries

  • 01/07/2020
  • Hearing01/07/2020 at 08:30 AM in Department B at 825 Maple Ave., Torrance, CA 90503; Jury Trial

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  • 01/03/2020
  • Hearing01/03/2020 at 08:30 AM in Department B at 825 Maple Ave., Torrance, CA 90503; Final Status Conference

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  • 12/12/2019
  • Hearing12/12/2019 at 08:30 AM in Department B at 825 Maple Ave., Torrance, CA 90503; Hearing on Motion for Protective Order

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  • 11/13/2019
  • Docketat 08:30 AM in Department B; Hearing on Ex Parte Application (Pursuant to Stipulation to Specially Set Motion for Protective Order) - Held - Motion Granted

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  • 11/13/2019
  • DocketSeparate Statement; Filed by AMERICAN AIRLINES, INC. (DOE 1) (Defendant)

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  • 11/13/2019
  • DocketMotion for Protective Order; Filed by AMERICAN AIRLINES, INC. (DOE 1) (Defendant)

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  • 11/13/2019
  • DocketMinute Order ( (Hearing on Ex Parte Application Pursuant to Stipulation to Sp...)); Filed by Clerk

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  • 11/07/2019
  • DocketEx Parte Application (Pursuant to Stipulation to Specially Set Motion for Protective Order); Filed by AMERICAN AIRLINES, INC. (DOE 1) (Defendant)

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  • 10/23/2019
  • Docketat 08:30 AM in Department B; Hearing on Motion to Bifurcate - Held - Motion Denied

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  • 10/23/2019
  • DocketMinute Order ( (Hearing on Motion to Bifurcate)); Filed by Clerk

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493 More Docket Entries
  • 03/10/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 03/10/2017
  • DocketProof-Service/Summons; Filed by Ann Marie Drake (Plaintiff)

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  • 03/10/2017
  • DocketProof-Service/Summons ("BY FAX" ); Filed by Attorney for Plaintiff/Petitioner

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  • 03/07/2017
  • DocketPROOF OF SERVICE OF SUMMONS

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  • 03/07/2017
  • DocketProof-Service/Summons; Filed by Plaintiff/Petitioner

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  • 03/07/2017
  • DocketProof-Service/Summons; Filed by Attorney for Plaintiff/Petitioner

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  • 02/07/2017
  • DocketComplaint; Filed by Ann Marie Drake (Plaintiff)

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  • 02/07/2017
  • DocketComplaint

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  • 02/06/2017
  • DocketSUMMONS

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  • 02/06/2017
  • DocketCOMPLAINT FOR DAMAGES: FIRST CAUSE OF ACTION: WRONGFUL DEATH ;ETC

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Tentative Rulings

Case Number: ****9708    Hearing Date: December 12, 2019    Dept: SWB

Superior Court of California

County of Los Angeles

Southwest District

Torrance Dept. B

ANN MARIE DRAKE,

Plaintiff,

Case No.:

****9708

vs.

[Tentative] RULING

AIRSERV, INC., et al.,

Defendants.

Hearing Date: December 12, 2019

Moving Parties: Defendant American Airlines, Inc.

Responding Party: Plaintiff Anne Marie Drake

Motion for Protective Order

The court considered the moving, opposition, and reply papers.

RULING

The motion for protective order is GRANTED as to Subject Categories Nos. 6-8, 16-19, 24-32, 34-36, 39, 49-53, 56-57 and Request for Production of Documents Nos. 18-19, 26-26, 41-42 and DENIED as to Subject Categories 54 and 55.

BACKGROUND

On September 15, 2017, Plaintiff Ann Drake and Plaintiffs-in-Intervention Steven Drake and Jon Vladimirtsev Drake filed the operative second amended complaint (“SAC”) and second amended complaint-in-intervention (“SACI”), respectively.

The SAC has causes of action for: (1) wrongful death, (2) survival action – negligence, and (3) survival action – negligent hiring/training/retention.

The SACI has causes of action for: (1) wrongful death, (2) negligence, (3) negligent hiring, and (4) elder neglect. All claims are made against, among other parties, Does 1 to 30.

On August 31, 2018, Plaintiffs filed amendments to both pleadings to add Defendant American Airlines, Inc. as Doe 1 and 51.

On December 6, 2018, the parties stipulated to dismissal the third cause of action for negligent hiring in both pleadings as to Defendant American Airlines, Inc.

LEGAL AUTHORITY

Under CCP ;2025.420, “(a) Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order. The motion shall be accompanied by a meet and confer declaration under Section 2016.040. (b) The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions: (1) That the deposition not be taken at all. . . .”

The burden is on the moving party to establish “good cause” for whatever relief is requested. Generally, a deponent seeking a protective order will be required to show that the burden, expense, or intrusiveness involved in the discovery procedure clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. Emerson Electric Co. v. Superior Court (1997) 16 Cal. 4th 1101, 1110.

DISCUSSION

Defendant American Airlines (“American”) requests a protective order preventing plaintiff from demanding that American produce multiple PMK depositions without meaningfully meeting and conferring on the substantive issues regarding the PMK Subject Categories Nos. 6-8, 16-19, 24-32, 34-36, 39, 49-57, and the requests for production of documents to Nos. 18-19, 26-26, 41-42. American agrees to produce a PMK for No. 33, 37, and 38.

Defendant asserts that in the court’s ruling dated August 28, 2018 on the motions for summary judgment, the court found that “under the circumstances presented here, the state law applicable standard of care is preempted by the ACAA.” The court stated that “The federal law standard of care would prohibit Defendants from forcing assistance upon Ms. Drake after her refusal. (14 C.F.R. 382.11(a) [‘As a carrier, you must not do any of the following things . . . (2) You must not require a qualified individual with a disability to accept special services (including, but not limited to, preboarding) that the individual does not request. . . .’].) Thus Defendants have framed the standard of care to require that Henry [and Williams] had offered Ms. Drake assistance to ascend onto the bus in the first instance because they take the position that they were not required to do any further assistance after her refusal.” Specifically, in the court’s ruling on American’s motion for summary judgment, the court stated, “the court is inclined to find the standard of care is preempted by ACAA based on Gilstrap” v. United Airlines, Inc.

Defendant argues that that the sole remaining issue in the case is whether Henry and Williams offered Ms. Drake assistance in the first instance. Defendant argues that there are no issues left for resolution that require the depositions sought. Further, American contends, American has produced all responsive documentation. Moreover, plaintiff has deposed witness Ana Urquidi as to several of the categories.

In opposition, plaintiff argues that the court has not set forth the standard of care in this case and thus, American has no good cause to restrict the subject matters and request for production of documents.

Defendant has met its burden of showing good cause for a protective order except as to Subject Categories Nos. 54 (“Your position on when Ms. Drake refused assistance.) and 55 (“Your position on how Ms. Drake refused assistance.”). In its ruling on American’s MSJ, the court set forth that the standard of care was based on the ACAA. As to several other Subject Categories, they go to the cause of action for negligent hiring, training, and retention, which was dismissed. Further, on February 20, 2019, the court denied plaintiff’s motion to compel further responses to demand for production of documents, set one. In that motion, plaintiff was seeking contracts with the co-defendants. Here, Subject Category No. 34 covers American’s contract with G2 as well as Request for Production Nos. 18 and 19. That motion also sought documents relating to American’s training documents provided to Airserv. The court had found that plaintiffs had not met their burden of showing good cause.

The motion is therefore DENIED IN PART and GRANTED IN PART.

Moving defendant is ordered to give notice of the ruling.



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