This case was last updated from Los Angeles County Superior Courts on 08/22/2020 at 00:21:19 (UTC).

CALVIN GREENE VS LOS ANGELES COUNTY METROPOLITAN TRANSPORTAT

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0992

  • Filing Date:

    01/19/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Governor George Deukmejian Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

ELAINE LU

DEBORAH L. CHRISTIAN

STEPHEN I. GOORVITCH

MICHAEL P. VICENCIA

MARK C. KIM

 

Party Details

Plaintiff

GREENE CALVIN

Defendants and Respondents

LOS ANGELES COUNTY METROPOLITAN TRANSPORT

DOES 1 TO 10

Attorney/Law Firm Details

Defendant and Respondent Attorneys

VEATCH CARLSON LLP

GLAZER WILLIAM J

CROSSIN PETER

CROSSIN PETER HUGH

 

Court Documents

Notice - NOTICE OF RULING ON DEFENDANT'S DEMURRER TO PLAINTIFF'S THIRD AMENDED COMPLAINT AND CASE MANAGEMENT CONFERENCE

7/1/2020: Notice - NOTICE OF RULING ON DEFENDANT'S DEMURRER TO PLAINTIFF'S THIRD AMENDED COMPLAINT AND CASE MANAGEMENT CONFERENCE

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 07/13/2020

7/13/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 07/13/2020

Minute Order - MINUTE ORDER (COURT ORDER)

7/13/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Notice - NOTICE NOTICE OF CONTINUANCE OF FINAL STATUS CONFERENCE AND JURY TRIAL

7/16/2020: Notice - NOTICE NOTICE OF CONTINUANCE OF FINAL STATUS CONFERENCE AND JURY TRIAL

Case Management Statement

6/15/2020: Case Management Statement

Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE; CASE MANAGEME...)

6/30/2020: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE; CASE MANAGEME...)

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

3/11/2020: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL REL...)

Reply - Reply Brief in Support of Opposition to Demurrer

10/15/2019: Reply - Reply Brief in Support of Opposition to Demurrer

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON DEMURRER - WITH MOTION TO STRIKE (CCP 430.10) PORT...) OF 10/22/2019

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

Reply - REPLY BRIEF IN SUPPORT OPPOSITION

6/17/2019: Reply - REPLY BRIEF IN SUPPORT OPPOSITION

Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITH MOTION TO STRIKE (CCP 430.10) TO P...)

6/24/2019: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITH MOTION TO STRIKE (CCP 430.10) TO P...)

Opposition - OPPOSITION TO DEFENDANT'S DEMURRER

6/11/2019: Opposition - OPPOSITION TO DEFENDANT'S DEMURRER

Notice of Ruling

3/12/2019: Notice of Ruling

CIVIL DEPOSIT -

7/30/2018: CIVIL DEPOSIT -

NOTICE OF ERRATA RE DEFENDANT LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY'S ANSWER TO COMPLAINT AND DEMAND FOR JURY TRIAL

7/13/2018: NOTICE OF ERRATA RE DEFENDANT LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY'S ANSWER TO COMPLAINT AND DEMAND FOR JURY TRIAL

CORRECTED: DEFENDANT LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY'S ANSWER TO PLAINTIFF'S 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

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

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

SUMMONS -

1/19/2018: SUMMONS -

43 More Documents Available

 

Docket Entries

  • 02/01/2021
  • Hearing02/01/2021 at 08:30 AM in Department S27 at 275 Magnolia, Long Beach, CA 90802; Jury Trial

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  • 01/28/2021
  • Hearing01/28/2021 at 08:30 AM in Department S27 at 275 Magnolia, Long Beach, CA 90802; Final Status Conference

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  • 01/19/2021
  • Hearing01/19/2021 at 08:30 AM in Department S27 at 275 Magnolia, Long Beach, CA 90802; : OSC RE Dismissal

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  • 09/02/2020
  • Hearing09/02/2020 at 08:30 AM in Department S27 at 275 Magnolia, Long Beach, CA 90802; Case Management Conference

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  • 08/20/2020
  • Docketat 08:30 AM in Department S27, Mark C. Kim, Presiding; Final Status Conference - Not Held - Continued - Court's Motion

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  • 07/16/2020
  • DocketNotice (Notice Of Continuance Of Final Status Conference And Jury Trial); Filed by Los Angeles County Metropolitan Transport (Defendant)

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  • 07/14/2020
  • Docketat 08:30 AM in Department S27, Mark C. Kim, Presiding; Hearing on Demurrer - without Motion to Strike - Not Held - Continued - Court's Motion

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  • 07/13/2020
  • Docketat 09:59 AM in Department S27, Mark C. Kim, Presiding; Court Order

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  • 07/13/2020
  • DocketCertificate of Mailing for ((Court Order) of 07/13/2020); Filed by Clerk

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  • 07/13/2020
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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61 More Docket Entries
  • 07/12/2018
  • DocketDEFENDANT LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY'S ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL

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  • 03/19/2018
  • Docketat 08:30 AM in Department 97; Ex-Parte Proceedings - Held - Motion Granted

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  • 03/19/2018
  • DocketMinute Order

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  • 03/19/2018
  • DocketEx-Parte Application; Filed by Calvin Greene (Plaintiff)

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  • 03/19/2018
  • DocketMinute order entered: 2018-03-19 00:00:00; Filed by Clerk

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  • 03/19/2018
  • 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

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  • 01/19/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 01/19/2018
  • DocketSUMMONS

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  • 01/19/2018
  • DocketORDER ON COURT FEE WAIVER

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  • 01/19/2018
  • DocketComplaint; Filed by Calvin Greene (Plaintiff)

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Tentative Rulings

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.