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This case was last updated from Los Angeles County Superior Courts on 08/15/2019 at 10:12:21 (UTC).

BRENDA BARNES ET AL VS JEFFREY ELLIOT BOYER ET AL

Case Summary

On 07/07/2017 BRENDA BARNES filed a Personal Injury - Motor Vehicle lawsuit against JEFFREY ELLIOT BOYER. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7775

  • Filing Date:

    07/07/2017

  • 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 Judge

JON R. TAKASUGI

 

Party Details

Plaintiffs and Petitioners

NAUGHTON PETER

BARNES BRENDA

Cross Plaintiff, Cross Defendant and Claimant

ESTATE OF MARC SCHACHTER

Defendants, Respondents, Cross Plaintiffs and Cross Defendants

DOES 1 TO 20

BOYER JEFFREY ELLIOT

THARP RHONDA

THARP DAVID

ESTATE OF MARC SCHACHTER

SCHACHTER MARC

ON BOARD ENTERTAINMENT INC.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

ERNST DAVID D.

LINK ROBERT THOMAS

Claimant Attorney

DIAZ A BRYAN JR

Defendant, Respondent and Cross Plaintiff Attorneys

HUBERT ANDREW C. ESQ.

MACDONALD SCOTT L

Cross Defendant Attorney

VOLK AMY ELIZABETH

Other Attorneys

DIAZ BRYAN

 

Court Documents

Substitution of Attorney

6/19/2019: Substitution of Attorney

NOTICE OF CHANGE OF MAILING ADDRESS

9/18/2018: NOTICE OF CHANGE OF MAILING ADDRESS

Declaration

4/24/2019: Declaration

Notice of Joinder

5/17/2019: Notice of Joinder

Substitution of Attorney

5/29/2019: Substitution of Attorney

Substitution of Attorney

6/5/2019: Substitution of Attorney

Motion in Limine

6/6/2019: Motion in Limine

Statement of the Case

6/6/2019: Statement of the Case

Witness List

6/6/2019: Witness List

Motion in Limine

6/6/2019: Motion in Limine

Motion in Limine

6/6/2019: Motion in Limine

Motion in Limine

6/6/2019: Motion in Limine

Motion in Limine

6/6/2019: Motion in Limine

Motion in Limine

6/6/2019: Motion in Limine

Request for Dismissal

6/7/2019: Request for Dismissal

Statement of the Case

6/18/2019: Statement of the Case

ESTATE OF MARC SCHACHTER'S COUNTER CLAIM FOR INDEMNITY, APPORTIONMENT OF FAULT AND DECLARATORY RELIEF

12/11/2017: ESTATE OF MARC SCHACHTER'S COUNTER CLAIM FOR INDEMNITY, APPORTIONMENT OF FAULT AND DECLARATORY RELIEF

JEFFREY ELLIOT BOYER, DAVID THARP AND RHONDA THARP'S CROSS-COMPLAINT FOR INDEMNITY, CONTRIBUTION AND DECLARATORY RELIEF

9/28/2017: JEFFREY ELLIOT BOYER, DAVID THARP AND RHONDA THARP'S CROSS-COMPLAINT FOR INDEMNITY, CONTRIBUTION AND DECLARATORY RELIEF

73 More Documents Available

 

Docket Entries

  • 07/07/2020
  • Hearingat 08:30 AM in Department 3 at 312 North Spring Street, Los Angeles, CA 90012; : OSC RE Dismissal

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  • 11/14/2019
  • Hearingat 08:30 AM in Department 3 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 10/31/2019
  • Hearingat 10:00 AM in Department 3 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 07/17/2019
  • Docketat 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion to Compel ((Motion to Compel Psychological IME of Plaintiff Brenda Barnes)) - Not Held - Taken Off Calendar by Party

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  • 06/27/2019
  • Docketat 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Jury Trial - Held - Continued

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  • 06/26/2019
  • DocketRequest for Dismissal; Filed by ESTATE OF MARC SCHACHTER (Claimant)

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  • 06/19/2019
  • Docketat 10:00 AM in Department 3, Jon R. Takasugi, Presiding; Final Status Conference - Held - Continued

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  • 06/19/2019
  • DocketSubstitution of Attorney; Filed by Robert Thomas Link (Attorney)

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  • 06/19/2019
  • DocketSubstitution of Attorney; Filed by Robert Thomas Link (Attorney)

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  • 06/19/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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103 More Docket Entries
  • 09/28/2017
  • DocketAnswer; Filed by Jeffrey Elliot Boyer (Defendant); David Tharp (Defendant); Rhonda Tharp (Defendant)

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  • 09/28/2017
  • DocketCross-Complaint; Filed by Jeffrey Elliot Boyer (Cross-Complainant); Rhonda Tharp (Cross-Complainant); David Tharp (Cross-Complainant)

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  • 09/28/2017
  • DocketCIVIL DEPOSIT

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  • 09/28/2017
  • DocketSummons on Cross Complaint

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  • 09/28/2017
  • DocketNOTICE OF POSTING JURY FEES

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  • 09/28/2017
  • DocketJEFFREY ELLIOT BOYER, DAVID THARP AND RHONDA THARP'S CROSS-COMPLAINT FOR INDEMNITY, CONTRIBUTION AND DECLARATORY RELIEF

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  • 09/28/2017
  • DocketANSWER TO COMPLAINT ON BEHALF OF DEFENDANTS JEFFREY ELLIOT BOYER, DAVID THARP AND RHONDA THARP

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  • 07/07/2017
  • DocketSUMMONS

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  • 07/07/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 07/07/2017
  • DocketComplaint; Filed by Brenda Barnes (Plaintiff); Peter Naughton (Plaintiff)

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Tentative Rulings

Case Number: BC667775    Hearing Date: December 23, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

BRENDA BARNES, ET AL.,

Plaintiff(s),

vs.

JEFFREY ELLIOT BOYER, ET AL.,

Defendant(s).

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CASE NO: BC667775

[TENTATIVE] ORDER GRANTING MOTION FOR IMPOSITION OF SANCTIONS

Dept. 31

1:30 p.m.

December 23, 2020

1. Background

Plaintiffs Brendan Barnes (“Barnes”) and Peter Naughton (“Naughton”) (collectively, “Plaintiffs”) sued Defendants Jeffrey Elliot Boyer (“Boyer”), David Tharp, and Rhonda Tharp (collectively, “Defendants”) for damages arising from a four-car accident. Plaintiffs allege that Defendant Boyer caused the vehicle accident resulting in Plaintiffs’ injuries. Defendants filed an indemnity and contribution cross-complaint against Cross-defendants Marc Schachter and Estate of Marc Schachter. Cross-defendant Estate of Marc Schachter filed an indemnity and contribution counter claim against Counter-defendants Boyer, David Tharp, Phonada Tharp, and On-Board Entertainment, Inc. On Board Entertainment is Defendant Jeffrey Boyer’s employer.

Defendants, Boyer, David Tharp, and Rhonda Tharp now moves for monetary sanctions in the sum of $3,618 against Plaintiff Barnes.

Defendants originally filed a motion for sanctions on 2/21/20. On 3/24/20, On Board Entertainment filed a notice of joiner to Defendants’ motion for sanctions. Based on current conditions, including, but not limited to, the spread of COVID-19, the court continued the matter to 4/30/20 before advancing and vacating the hearing for the motion. (Min. Orders 3/20/20 and 3/23/20.)

Thereafter, Defendants filed the motion for sanctions on 7/31/20 setting it for hearing on 12/23/20.

Defendants assert this matter was set for trial for 11/18/19, and all counsel appeared but neither Plaintiff appeared for trial and Plaintiffs did not give advance warning. Trial was reset to 1/6/20 and all counsel appeared for trial, but Plaintiff Barnes again failed to appear for trial without any advance warning she would be absent. Defendants state that Plaintiffs’ counsel claimed Plaintiff did not appear for the 11/18/19 trial because Barnes was hospitalized, and at the 1/6/20 trial, Naughton informed the court Barnes was again hospitalized. Defendants contend that despite requests, no documentation has been provided verifying Barnes’ hospitalization. Defendants aver sanctions are thus appropriate as Defendants’ counsel fully prepared to try the matter on two separate occasions, but Barnes has continuously not shown up for trial and has caused needless delay.

Plaintiffs filed an opposition on 12/10/20. Plaintiffs provide they are opposing the motion in pro per; however, the court notes Plaintiffs are represented by counsel. Plaintiffs’ counsel had a motion to be relieved heard on 12/3/20, but the motion was denied and Plaintiffs’ counsel remains there attorney of record. (Min. Order 12/3/20.) Plaintiffs provide they have not heard from their attorney in months and are thus making the opposition themselves. To the extent Plaintiffs are now representing themselves, they should file a substitution of attorney form as soon as possible. Plaintiffs’ opposition asserts that Defendants fail to show Plaintiffs’ conduct was done in bad faith or utterly meritless, and that Defendants have not shown any attorney’s fees were incurred by Barnes’s failure to appear for trial.

2. Motion for Sanctions

CCP § 128.5 states: “[a] trial court may order a party, the party's attorney, or both, to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.”

In this case, Plaintiffs have repeatedly failed to appear for trial. At this time, Defendants move for imposition of sanctions pursuant to CCP §128.5 for Plaintiffs’ failure to appear at trial. Defendants rely on In re Marriage of Gumabao (1984) 150 Cal.App.3d 572 to support their position. In Gamabao, the court of appeals affirmed the trial court’s award of sanctions when one party’s attorney failed to appear for trial and failed to notify the other side of the inability to appear for trial in advance.

Very similar facts exist in this case. Trial was scheduled for both 11/18/19 and 1/06/20, and Plaintiffs failed to appear for trial on either date and failed to give advance notice that they would not appear. Defendants appeared and incurred attorneys’ fees and costs, including for in connection with each of the scheduled trial dates.

While Plaintiffs submitted their own opposition asserting Barnes was hospitalized, Plaintiffs do not submit any documentation showing Barnes was actually hospitalized, or otherwise establishing the reasons Barnes could not appear, for the 11/1819 and 1/6/20 trials. Only a letter from Barnes’s brother is provided.

The court is empathetic to Barnes’s condition, but there is no competent evidence submitted to explain why Barnes did not appear for trial without any advance warning by Plaintiffs. Defendants were not notified prior to appearing and incurring fees and costs preparing for the trial dates. Sanctions, therefore, are appropriate and the motion is granted.

Defendants seek sanctions in the amount of $3,618, which represents the attorneys’ fees and court reporter costs to attend the two missed trials. The amount is reasonable and fully supported by Defense Counsel’s declaration in support of the motion.

Plaintiff, Brenda Barnes is ordered to pay sanctions to Defendants, by and through their attorney of record, in the total amount of $3,618, within twenty days.

Defendants are ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear remotely.

Dated this 23rd day of December, 2020

Hon. Thomas D. Long

Judge of the Superior Court

Case Number: BC667775    Hearing Date: December 02, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

BRENDA BARNES, ET AL.,

Plaintiff(s),

vs.

JEFFREY ELLIOT BOYER, ET AL.,

Defendant(s).

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Case No.: BC667775

[TENTATIVE] ORDER DENYING MOTIONS TO BE RELIEVED AS COUNSEL WITHOUT PREJUDICE

Dept. 31

8:30 a.m.

December 2, 2020

Plaintiffs, Brenda Barnes’s and Peter Naughton’s attorney of record, Robert Thomas Hayes Link, seeks to be relieved as counsel for Plaintiffs, contending that Plaintiffs insist upon presenting claims or defenses that cannot be supported by good faith argument, that Plaintiffs’ conduct has rendered it unreasonably difficult for Counsel to carry out representation effectively, and that Counsel’s continued representation is likely to result in a violation of the rules of the State Bar. Counsel declares it has via mail by using Plaintiff’s last known mailing address. Counsel has filed proof of service on his clients and on all parties who have appeared in the action.

The motion is denied without prejudice. The motions, declarations, and orders Counsel filed all are missing the second page, which contain required information such as a notice to client and Counsel’s signature. Counsel must submit all pages of Form MC-51, MC-52 and MC-53 with all required information provided.

Counsel is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear remotely.

Dated this 2nd day of December, 2020

Hon. Thomas D. Long

Judge of the Superior Court

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