On 01/19/2018 CALVIN GREENE filed a Personal Injury - Motor Vehicle lawsuit against LOS ANGELES COUNTY METROPOLITAN TRANSPORTAT. This case was filed in Los Angeles County Superior Courts, Governor George Deukmejian Courthouse located in Los Angeles, California. The Judges overseeing this case are ELAINE LU, DEBORAH L. CHRISTIAN, STEPHEN I. GOORVITCH, MICHAEL P. VICENCIA and MARK C. KIM. The case status is Pending - Other Pending.
****0992
01/19/2018
Pending - Other Pending
Los Angeles County Superior Courts
Governor George Deukmejian Courthouse
Los Angeles, California
ELAINE LU
DEBORAH L. CHRISTIAN
STEPHEN I. GOORVITCH
MICHAEL P. VICENCIA
MARK C. KIM
GREENE CALVIN
LOS ANGELES COUNTY METROPOLITAN TRANSPORT
DOES 1 TO 10
VEATCH CARLSON LLP
GLAZER WILLIAM J
CROSSIN PETER
CROSSIN PETER HUGH
7/1/2020: Notice - NOTICE OF RULING ON DEFENDANT'S DEMURRER TO PLAINTIFF'S THIRD AMENDED COMPLAINT AND CASE MANAGEMENT CONFERENCE
7/13/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 07/13/2020
7/13/2020: Minute Order - MINUTE ORDER (COURT ORDER)
7/16/2020: Notice - NOTICE NOTICE OF CONTINUANCE OF FINAL STATUS CONFERENCE AND JURY TRIAL
6/15/2020: Case Management Statement
6/30/2020: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE; CASE MANAGEME...)
3/11/2020: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL REL...)
10/15/2019: Reply - Reply Brief in Support of Opposition to Demurrer
10/22/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON DEMURRER - WITH MOTION TO STRIKE (CCP 430.10) PORT...) OF 10/22/2019
6/17/2019: Reply - REPLY BRIEF IN SUPPORT OPPOSITION
6/24/2019: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITH MOTION TO STRIKE (CCP 430.10) TO P...)
6/11/2019: Opposition - OPPOSITION TO DEFENDANT'S DEMURRER
3/12/2019: Notice of Ruling
7/30/2018: CIVIL DEPOSIT -
7/13/2018: NOTICE OF ERRATA RE DEFENDANT LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY'S ANSWER TO COMPLAINT AND DEMAND FOR JURY TRIAL
7/13/2018: CORRECTED: DEFENDANT LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY'S ANSWER TO PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL
3/19/2018: NOTICE OF EX-PARTE MOTION AND EX-PARTE MOTION FOR AN EXTENSION OF TIME TO SERVE SUMMONS AND COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF CALVIN GREENE; EXHIBIT A
1/19/2018: SUMMONS -
Hearing02/01/2021 at 08:30 AM in Department S27 at 275 Magnolia, Long Beach, CA 90802; Jury Trial
Hearing01/28/2021 at 08:30 AM in Department S27 at 275 Magnolia, Long Beach, CA 90802; Final Status Conference
Hearing01/19/2021 at 08:30 AM in Department S27 at 275 Magnolia, Long Beach, CA 90802; : OSC RE Dismissal
Hearing09/02/2020 at 08:30 AM in Department S27 at 275 Magnolia, Long Beach, CA 90802; Case Management Conference
Docketat 08:30 AM in Department S27, Mark C. Kim, Presiding; Final Status Conference - Not Held - Continued - Court's Motion
DocketNotice (Notice Of Continuance Of Final Status Conference And Jury Trial); Filed by Los Angeles County Metropolitan Transport (Defendant)
Docketat 08:30 AM in Department S27, Mark C. Kim, Presiding; Hearing on Demurrer - without Motion to Strike - Not Held - Continued - Court's Motion
Docketat 09:59 AM in Department S27, Mark C. Kim, Presiding; Court Order
DocketCertificate of Mailing for ((Court Order) of 07/13/2020); Filed by Clerk
DocketMinute Order ( (Court Order)); Filed by Clerk
DocketDEFENDANT LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY'S ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL
Docketat 08:30 AM in Department 97; Ex-Parte Proceedings - Held - Motion Granted
DocketMinute Order
DocketEx-Parte Application; Filed by Calvin Greene (Plaintiff)
DocketMinute order entered: 2018-03-19 00:00:00; Filed by Clerk
DocketNOTICE OF EX-PARTE MOTION AND EX-PARTE MOTION FOR AN EXTENSION OF TIME TO SERVE SUMMONS AND COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF CALVIN GREENE; EXHIBIT A
DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
DocketSUMMONS
DocketORDER ON COURT FEE WAIVER
DocketComplaint; Filed by Calvin Greene (Plaintiff)
Case Number: BC690992 Hearing Date: June 30, 2020 Dept: S27
INTRODUCTION
Defendant Los Angeles County Metropolitan Authority (“Metro”) demurs to the entire 3rd Amended Complaint of Plaintiff Calvin Green, acting in propria persona.
3rd AMENDED COMPLAINT: Judicial Council Form
1. Negligence
2. Negligent Infliction of Emotional Distress
SUMMARY OF ALLEGATIONS
The few facts are that Plaintiff was a passenger on one of Metro’s trains.
“As a result of the jerking and hard stop of the train, and of Doe 1’s negligence the defendants and each of ‘them are liable under Gov’t Code Sections 8l5.2(a) and 815.6. Further it is alleged the train’s faulty breaking [sic] system constitutes a dangerous condition of public property under Gov’t Code Section 835.” (Paragraph 9)
DISCUSSION
Metro is a public entity and any claim against it must have a statutory basis. (Gov’t Code §815) Although the 1st cause of action is titled “General Negligence” Metro concedes that Gov’t Code §815.2 is cited and the allegations “while not very coherently pled, generally sets forth allegations sufficient enough to claim negligence” under Government Code §815.2 (erroneously cited as CCP §815.2).
However, Plaintiff also appear to conflate negligence (§815.2) with a claim for dangerous condition of public property (Gov’t Code §835). Negligent operation of a train is distinct from claiming the train itself was a dangerous condition. Unlike a claim of ordinary negligence, claims against a public entity must be pled with specificity as to all facts constituting the statut0ry elements. There are no facts to establish the train was in a dangerous condition.
Trial is looming. The demurrer is sustained without leave to amend as to any claim for a dangerous condition of public property. The 1st cause of action remains solely as a claim under Gov’t Code §815.2.
Negligent Infliction of Emotional Distress has no statutory basis. The demurrer is sustained without leave to amend.
Metro is ordered to answer within 5 days.