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This case was last updated from Los Angeles County Superior Courts on 04/13/2021 at 01:45:34 (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, AMY D. HOGUE and EDWARD B. MORETON. 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

EDWARD B. MORETON

 

Party Details

Plaintiffs and Petitioners

MONTGOMERY JR. BARRY JOHN

MONTGOMERY DENICE

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

Notice of Change of Address or Other Contact Information

3/3/2021: Notice of Change of Address or Other Contact Information

Motion to Vacate - MOTION TO VACATE NOTICE OF MOTION AND MOTION TO VACATE THE TRIAL DATE AND STAY PROCEEDINGS PENDING APPOINTMENT OF GUARDIAN AD LITEM; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT

1/22/2020: Motion to Vacate - MOTION TO VACATE NOTICE OF MOTION AND MOTION TO VACATE THE TRIAL DATE AND STAY PROCEEDINGS PENDING APPOINTMENT OF GUARDIAN AD LITEM; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT

Opposition - OPPOSITION OPPOSITION TO MOTION TO VACATE THE TRIAL DATE

2/3/2020: Opposition - OPPOSITION OPPOSITION TO MOTION TO VACATE THE TRIAL DATE

Reply - REPLY REPLY TO OPPOSITIOPN TO MOTION TO VACATE TRIAL DATE AND STAY PROCEEDINGS

2/6/2020: Reply - REPLY REPLY TO OPPOSITIOPN TO MOTION TO VACATE TRIAL DATE AND STAY PROCEEDINGS

Application And Order For Appointment of Guardian Ad Litem - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM FOR BARRY

2/28/2020: Application And Order For Appointment of Guardian Ad Litem - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM FOR BARRY

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/17/2020

4/17/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/17/2020

Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

9/9/2020: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

1/20/2021: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

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;

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

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

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

35 More Documents Available

 

Docket Entries

  • 07/08/2021
  • Hearing07/08/2021 at 08:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 06/24/2021
  • Hearing06/24/2021 at 10:00 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 03/03/2021
  • Docketat 08:30 AM in Department 27, Edward B. Moreton, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 03/03/2021
  • DocketNotice of Change of Address or Other Contact Information; Filed by Barry John Montgomery Jr. (Plaintiff)

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  • 02/17/2021
  • Docketat 10:00 AM in Department 27, Edward B. Moreton, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 02/02/2021
  • Docketat 08:30 AM in Department 27, Edward B. Moreton, Presiding; (OSC RE Dismissal) - Not Held - Advanced and Vacated

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  • 01/26/2021
  • Docketat 08:30 AM in Department 27, Edward B. Moreton, Presiding; Court Order

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  • 01/26/2021
  • DocketMinute Order ( (Court Order Re: Notice of Related Cases)); Filed by Clerk

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  • 01/26/2021
  • DocketCertificate of Mailing for ((Court Order Re: Notice of Related Cases) of 01/26/2021); Filed by Clerk

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  • 01/20/2021
  • Docket[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Los Angeles, County of (Defendant)

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

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

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

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

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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.

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