This case was last updated from Los Angeles County Superior Courts on 12/08/2019 at 10:32:52 (UTC).

BARRY JOHN MONTGOMERY JR VS COUNTY OF LOS ANGELES ET AL

Case Summary

On 02/02/2018 BARRY JOHN MONTGOMERY JR filed a Personal Injury - Other Personal Injury lawsuit against COUNTY OF LOS ANGELES. 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 and AMY D. HOGUE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2204

  • Filing Date:

    02/02/2018

  • 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 Judges

YOLANDA OROZCO

LAURA A. SEIGLE

AMY D. HOGUE

 

Party Details

Plaintiff and Petitioner

MONTGOMERY JR. BARRY JOHN

Defendants and Respondents

DIAZ ARMANDO

ALCALA JONATHAN

LOS ANGELES COUNTY OF

EMBLETON AUSTIN

DOES 1 TO 25

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

KAUFMAN MARTIN J. ESQ.

WALLACH IAN MICHAEL

Defendant and Respondent Attorneys

CARPENTER SCOTT J.

RUTTER MARK DENIS

 

Court Documents

Motion to Continue - MOTION TO CONTINUE NOTICE OF MOTION AND MOTION TO CONTINUE TRIAL, FINAL STATUS CONFERENCE, AND RELATED DATES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MARK D. RUTTER;

10/28/2019: Motion to Continue - MOTION TO CONTINUE NOTICE OF MOTION AND MOTION TO CONTINUE TRIAL, FINAL STATUS CONFERENCE, AND RELATED DATES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MARK D. RUTTER;

Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL AND RELATED DATES

11/13/2019: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL AND RELATED DATES

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL AND RELATED...)

11/13/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL AND RELATED...)

Substitution of Attorney

3/19/2019: Substitution of Attorney

Substitution of Attorney

3/21/2019: Substitution of Attorney

Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL AND FSC DATES

4/19/2019: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL AND FSC DATES

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL AND FSC DATES)

4/19/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL AND FSC DATES)

Notice of Remand from Federal Court

10/17/2018: Notice of Remand from Federal Court

Notice of Remand from Federal Court

10/26/2018: Notice of Remand from Federal Court

Proof of Service (not Summons and Complaint) -

6/5/2018: Proof of Service (not Summons and Complaint) -

Proof of Service of Summons and Complaint -

6/5/2018: Proof of Service of Summons and Complaint -

Proof of Service of Summons and Complaint -

6/5/2018: Proof of Service of Summons and Complaint -

DEFENDANTS? ANSWER TO FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL

6/21/2018: DEFENDANTS? ANSWER TO FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL

NOTICE OF ADVERSE PARTY OF REMOVA OF ACTION TO FEDERAL COURT

6/27/2018: NOTICE OF ADVERSE PARTY OF REMOVA OF ACTION TO FEDERAL COURT

NOTICE OF FILING NOTICE OF REMOVAL OF ACTION TO FEDERAL COURT

6/27/2018: NOTICE OF FILING NOTICE OF REMOVAL OF ACTION TO FEDERAL COURT

Minute Order -

7/27/2018: Minute Order -

Defendant's Claim and Order to Go to Small Claims Court (Small Claims) -

4/24/2018: Defendant's Claim and Order to Go to Small Claims Court (Small Claims) -

COMPLAINT FOR DAMAGES 1. NEGLIGENCE; ETC

2/2/2018: COMPLAINT FOR DAMAGES 1. NEGLIGENCE; ETC

11 More Documents Available

 

Docket Entries

  • 02/02/2021
  • Hearing02/02/2021 at 08:30 AM in Department 4B at 312 North Spring Street, Los Angeles, CA 90012; : OSC RE Dismissal

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  • 03/24/2020
  • Hearing03/24/2020 at 08:30 AM in Department 4B at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 03/10/2020
  • Hearing03/10/2020 at 10:00 AM in Department 4B at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 12/06/2019
  • Docketat 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Jury Trial - Not Held - Continued - Party's Motion

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  • 11/22/2019
  • Docketat 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Continued - Party's Motion

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  • 11/21/2019
  • Docketat 1:30 PM in Department 4B, Laura A. Seigle, Presiding; Hearing on Motion to Continue Trial - Not Held - Taken Off Calendar by Party

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  • 11/13/2019
  • Docketat 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Hearing on Ex Parte Application (to continue trial and related dates) - Held - Motion Granted

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  • 11/13/2019
  • DocketMinute Order ( (Hearing on Ex Parte Application to continue trial and related...)); Filed by Clerk

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  • 11/13/2019
  • DocketEx Parte Application (to continue trial and related dates); Filed by Barry John Montgomery Jr. (Plaintiff)

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  • 11/06/2019
  • Docketat 1:30 PM in Department 4B, Laura A. Seigle, Presiding; Hearing on Motion for Summary Judgment - Not Held - Taken Off Calendar by Party

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27 More Docket Entries
  • 06/05/2018
  • DocketProof of Service (not Summons and Complaint)

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  • 06/05/2018
  • DocketProof of Service of Summons and Complaint

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  • 06/05/2018
  • DocketProof of Service of Summons and Complaint

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  • 06/05/2018
  • DocketProof of Service of Summons and Complaint

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  • 06/05/2018
  • DocketProof of Service of Summons and Complaint

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  • 04/24/2018
  • DocketFirst Amended Complaint; Filed by Barry John Montgomery Jr. (Plaintiff)

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  • 04/24/2018
  • DocketDefendant's Claim and Order to Go to Small Claims Court (Small Claims)

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  • 02/02/2018
  • DocketCOMPLAINT FOR DAMAGES 1. NEGLIGENCE; ETC

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  • 02/02/2018
  • DocketSUMMONS

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  • 02/02/2018
  • DocketComplaint; Filed by Barry John Montgomery Jr. (Plaintiff)

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Tentative Rulings

Case Number: BC692204    Hearing Date: February 14, 2020    Dept: 27

[TENTATIVE] ORDER RE: DEFENDANTS’ MOTION TO VACATE TRIAL DATE AND STAY PROCEEDINGS PENDING APPOINTMENT OF A GUARDIAN AD LITEM

On February 2, 2018, plaintiff Barry John Montgomery, Jr. filed this action against the County of Los Angeles (“County”), and Los Angeles Sheriff Deputies Johnathan Alcala (erroneously sued as “Jonathan Alcala”), Armando Diaz, and Austin Embleton. Plaintiff alleges that on July 14, 2014, Alcala, Diaz, and Embleton assaulted and beat him. Plaintiff is an adult who suffers from schizophrenia and Tourette’s Syndrome. Defendants move for a stay of proceedings until a guardian ad litem is appointed and to continue the trial an additional six months after the appointment. Trial is currently set for March 24, 2020.

Plaintiff’s counsel has filed multiple applications for the appointment of a guardian ad litem, which were rejected for various reasons. Defendants argue that due to the absence of a guardian ad litem, they have not received discovery verifications, and Plaintiff’s deposition was halted due to his inability to assist counsel. Plaintiff argues the most recent application will likely be approved before the trial date, and Defendants do not need verified discovery responses.

Defendants have a right to receive discovery verifications. If Plaintiff does not have the capacity to verify discovery responses, it would also follow that Plaintiff does not have the capacity to weigh in on the type of litigation decisions that clients usually make. Plaintiff’s counsel has had the last two years to obtain the appointment of a guardian ad litem and has not shown diligence in accomplishing that. Accordingly, Defendants’ motion is GRANTED in part. Trial is continued to May 22, 2020. The Final Status Conference is continued to May 8, 2020. All dates are based on the new trial date. The parties are to inform witnesses and experts about the new trial date immediately.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative.