This case was last updated from Los Angeles County Superior Courts on 05/27/2022 at 00:54:00 (UTC).

BEVERLY WILLIAMS VS CITY OF WEST COVINA, A PUBLIC ENTITY

Case Summary

On 11/09/2021 BEVERLY WILLIAMS filed a Personal Injury - Other Personal Injury lawsuit against CITY OF WEST COVINA, A PUBLIC ENTITY. 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:

    *******1217

  • Filing Date:

    11/09/2021

  • 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

WILLIAMS BEVERLY

Defendant

CITY OF WEST COVINA A PUBLIC ENTITY

Attorney/Law Firm Details

Plaintiff Attorney

ZUCKERMAN PAUL S.

Defendant Attorney

D'ORO FRANK

 

Court Documents

Complaint

11/9/2021: Complaint

Notice of Case Assignment - Unlimited Civil Case

11/9/2021: Notice of Case Assignment - Unlimited Civil Case

Civil Case Cover Sheet

11/9/2021: Civil Case Cover Sheet

Summons - SUMMONS ON COMPLAINT

11/9/2021: Summons - SUMMONS ON COMPLAINT

Notice of Change of Firm Name

12/2/2021: Notice of Change of Firm Name

PI General Order

11/30/2021: PI General Order

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURES AND HEARING DATES

11/30/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURES AND HEARING DATES

Proof of Personal Service

11/17/2021: Proof of Personal Service

Answer

12/10/2021: Answer

Demand for Jury Trial

12/10/2021: Demand for Jury Trial

Motion to Compel - MOTION TO COMPEL DEPOSITION OF EMPLOYEES(S) AND/OR PERSON(S) MOST QUALIFIED FOR DEFENDANT AND REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR $3,131.65 IN ATTORNEYS FEES, COSTS AN

2/17/2022: Motion to Compel - MOTION TO COMPEL DEPOSITION OF EMPLOYEES(S) AND/OR PERSON(S) MOST QUALIFIED FOR DEFENDANT AND REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR $3,131.65 IN ATTORNEYS FEES, COSTS AN

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DEFENDANT'S DEPOSITION)

5/24/2022: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DEFENDANT'S DEPOSITION)

 

Docket Entries

  • 11/05/2024
  • Hearing11/05/2024 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

    Read MoreRead Less
  • 05/09/2023
  • Hearing05/09/2023 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

    Read MoreRead Less
  • 04/25/2023
  • Hearing04/25/2023 at 10:00 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

    Read MoreRead Less
  • 07/01/2022
  • Hearing07/01/2022 at 1:30 PM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Defendant's Deposition

    Read MoreRead Less
  • 05/24/2022
  • Docketat 1:30 PM in Department 32, Michael E. Whitaker, Presiding; Hearing on Motion to Compel (Defendant's Deposition) - Held - Continued

    Read MoreRead Less
  • 05/24/2022
  • DocketMinute Order ( (Hearing on Motion to Compel Defendant's Deposition)); Filed by Clerk

    Read MoreRead Less
  • 02/17/2022
  • DocketMotion to Compel (Deposition of Employees(s) and/or Person(s) most Qualified for Defendant and Request for Production of Documents; Request for $3,131.65 in Attorneys Fees, Costs and Monetary Sanctions against Defendant and Defendant's Counsel); Filed by BEVERLY WILLIAMS (Plaintiff)

    Read MoreRead Less
  • 01/12/2022
  • Docketat 1:30 PM in Department 32; Hearing on Demurrer - without Motion to Strike - Not Held - Taken Off Calendar by Party

    Read MoreRead Less
  • 12/10/2021
  • DocketAnswer; Filed by CITY OF WEST COVINA, a public entity (Defendant)

    Read MoreRead Less
  • 12/10/2021
  • DocketDemand for Jury Trial; Filed by CITY OF WEST COVINA, a public entity (Defendant)

    Read MoreRead Less
  • 12/02/2021
  • DocketNotice of Change of Firm Name; Filed by BEVERLY WILLIAMS (Plaintiff)

    Read MoreRead Less
  • 11/30/2021
  • DocketPI General Order; Filed by Clerk

    Read MoreRead Less
  • 11/30/2021
  • DocketCertificate of Mailing for ([PI General Order], Standing Order re PI Procedures and Hearing Dates); Filed by Clerk

    Read MoreRead Less
  • 11/17/2021
  • DocketProof of Personal Service; Filed by BEVERLY WILLIAMS (Plaintiff)

    Read MoreRead Less
  • 11/09/2021
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

    Read MoreRead Less
  • 11/09/2021
  • DocketSummons (on Complaint); Filed by BEVERLY WILLIAMS (Plaintiff)

    Read MoreRead Less
  • 11/09/2021
  • DocketComplaint; Filed by BEVERLY WILLIAMS (Plaintiff)

    Read MoreRead Less
  • 11/09/2021
  • DocketCivil Case Cover Sheet; Filed by BEVERLY WILLIAMS (Plaintiff)

    Read MoreRead Less

Tentative Rulings

Case Number: *******1217 Hearing Date: May 24, 2022 Dept: 32

PLEASE NOTE: Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached. If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit. The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling. If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court. If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged). Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court.

TENTATIVE RULING

DEPARTMENT

32

HEARING DATE

May 24, 2022

CASE NUMBER

*******1217

MOTION

Motion to Compel Attendance at Deposition; Request for Monetary Sanctions

MOVING PARTY

Plaintiff Beverly Williams

OPPOSING PARTY

None

MOTION

Plaintiff Beverly Williams sued Defendant City of West Covina based on a trip and fall on property owned and controlled by Defendant. Plaintiff moves to compel the appearance of Defendant’s person most knowledgeable (“Deponent”) for deposition. Plaintiff requests monetary sanctions. Defendant has not filed an opposition to the motion.

ANALYSIS

Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent’s attendance and testimony. (Code Civ. Proc., 2025.450, subd. (a).)

Here, Plaintiff served the subject deposition notice on Defendant on December 28, 2021. Defendant noticed Deponent’s deposition for February 1, 2022. Deponent failed to appear for deposition on that date. As of the filing date of the motion, Deponent has not appeared for deposition.

Plaintiff seeks monetary sanctions in connection with the motion. The Court finds Defendant’s failure to produce Deponent for deposition to be an abuse of the discovery process, warranting monetary sanctions. (See Code Civ. Proc., 2023.010, subd. (d), 2025.450, subd. (g)(1).) Thus, the Court will impose monetary sanctions against Defendant and Defendant’s counsel of record, Wesierski & Zurek, LLP, in the amount of $1,325, which represents three hours of attorney time to prepare the motion and attend the hearing at $250 per hour, plus the motion filing fee of $60 and $515 in costs incurred in connection with the February 1, 2022 deposition.

CONCLUSION AND ORDER

Therefore, the Court grants Plaintiff’s motion to compel Deponent’s deposition per Code of Civil Procedure section 2025.450, and orders Defendant to produce Deponent for deposition within 30 days of notice of the Court’s ruling, unless Plaintiff stipulates otherwise.

Further, the Court orders Defendant and Defendant’s counsel of record, Wesierski & Zurek, LL, jointly and severally, to pay monetary sanctions in the amount of $1,325, to Plaintiff by and through counsel for Plaintiff, within 30 days of notice of the Court’s orders.

Plaintiff shall provide notice of the Court’s orders and file a proof of service of such.


related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where CITY OF WEST COVINA is a litigant

Latest cases represented by Lawyer ZUCKERMAN PAUL S.