This case was last updated from Los Angeles County Superior Courts on 07/29/2020 at 02:53:33 (UTC).

CARLOS GARCIA ET AL VS RONALD JERRY RECKER ET AL

Case Summary

On 03/07/2018 CARLOS GARCIA filed a Personal Injury - Motor Vehicle lawsuit against RONALD JERRY RECKER. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are GEORGINA T. RIZK, KRISTIN S. ESCALANTE and MARK A. BORENSTEIN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7265

  • Filing Date:

    03/07/2018

  • 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 Judges

GEORGINA T. RIZK

KRISTIN S. ESCALANTE

MARK A. BORENSTEIN

 

Party Details

Plaintiffs and Petitioners

GARCIA CARLOS

RAMOS MARIA ROSA

RECINO CARLOS

Defendants and Respondents

RECKER RONALD JERRY

HARPER'S BACKHOE SERVICE INC.

DOES 1 THROUGH 25 INCLUSIVE

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

SAM RYAN HEIDARI ESQ.

HEIDARI SAMAN RYAN

HEIDARI SAMAN RYAN ESQ.

Defendant and Respondent Attorneys

BIGLEY PAUL A. ESQ.

BIGLEY PAUL ANDREW ESQ.

HODGE TIMOTHY ALAN ESQ.

 

Court Documents

Notice of Ruling

7/27/2020: Notice of Ruling

Opposition - OPPOSITION PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO RE-OPEN DISCOVERY

3/17/2020: Opposition - OPPOSITION PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO RE-OPEN DISCOVERY

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: CONTINUANCE OF THE FOLLORING: THE 03/26/202...) OF 03/19/2020

3/19/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: CONTINUANCE OF THE FOLLORING: THE 03/26/202...) OF 03/19/2020

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: COVID-19) OF 03/30/2020

3/30/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: COVID-19) OF 03/30/2020

Minute Order - MINUTE ORDER (COURT ORDER RE: CONTINUANCE OF THE 04/29/2020 HEARING ON MOT...)

4/15/2020: Minute Order - MINUTE ORDER (COURT ORDER RE: CONTINUANCE OF THE 04/29/2020 HEARING ON MOT...)

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION, FILED BY THE DEFENDANTS, FOR...)

3/9/2020: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION, FILED BY THE DEFENDANTS, FOR...)

Notice of Ruling

2/28/2020: Notice of Ruling

Notice of Change of Address or Other Contact Information

11/4/2019: Notice of Change of Address or Other Contact Information

[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

7/10/2019: [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

STATEMENT OF DAMAGES (PERSONAL INJURY OR WRONGFUL DEATH)

5/3/2018: STATEMENT OF DAMAGES (PERSONAL INJURY OR WRONGFUL DEATH)

REQUEST FOR ENTRY OF DEFAULT -

5/3/2018: REQUEST FOR ENTRY OF DEFAULT -

STATEMENT OF DAMAGES (PERSONAL INJURY OR WRONGFUL DEATH)

5/3/2018: STATEMENT OF DAMAGES (PERSONAL INJURY OR WRONGFUL DEATH)

CIVIL DEPOSIT -

5/10/2018: CIVIL DEPOSIT -

NOTICE OF DEMAND FOR JURY TRIAL

5/10/2018: NOTICE OF DEMAND FOR JURY TRIAL

ANSWER TO COMPLAINT ON BEHALF OF RONALD JERRY RECKER AND HARPER'S BACKHOE SERVICES, INC

5/1/2018: ANSWER TO COMPLAINT ON BEHALF OF RONALD JERRY RECKER AND HARPER'S BACKHOE SERVICES, INC

PROOF OF SERVICE SUMMONS -

3/29/2018: PROOF OF SERVICE SUMMONS -

Summons -

3/7/2018: Summons -

Complaint -

3/7/2018: Complaint -

24 More Documents Available

 

Docket Entries

  • 06/29/2021
  • Hearing06/29/2021 at 08:30 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

    Read MoreRead Less
  • 06/15/2021
  • Hearing06/15/2021 at 10:00 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

    Read MoreRead Less
  • 03/08/2021
  • Hearing03/08/2021 at 08:30 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

    Read MoreRead Less
  • 07/27/2020
  • DocketNotice of Ruling; Filed by Ronald Jerry Recker (Defendant); Harper's Backhoe Service, Inc. (Defendant)

    Read MoreRead Less
  • 07/24/2020
  • Docketat 10:00 AM in Department 29, Kristin S. Escalante, Presiding; Final Status Conference - Not Held - Continued - Party's Motion

    Read MoreRead Less
  • 07/24/2020
  • Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Hearing on Motion for Order (To Re-Open Limited Discovery and Continue Trial, Filed by the Defendants) - Held

    Read MoreRead Less
  • 07/24/2020
  • DocketMinute Order ( (Final Status Conference; Hearing on Motion for Order To Re-Op...)); Filed by Clerk

    Read MoreRead Less
  • 07/23/2020
  • DocketReply (Reply of Defendants to Plaintiffs? Opposition to Defendants? Motion to Re-open Limited Discovery and Continue Trial; Memorandum of Points and Authorities; Declaration of Tim a. Hodge, Esq.); Filed by Ronald Jerry Recker (Defendant); Harper's Backhoe Service, Inc. (Defendant)

    Read MoreRead Less
  • 05/12/2020
  • Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court

    Read MoreRead Less
  • 05/04/2020
  • Docketat 10:00 AM in Department 29, Kristin S. Escalante, Presiding; Final Status Conference - Not Held - Advanced and Continued - by Court

    Read MoreRead Less
44 More Docket Entries
  • 05/03/2018
  • DocketSTATEMENT OF DAMAGES (PERSONAL INJURY OR WRONGFUL DEATH)

    Read MoreRead Less
  • 05/03/2018
  • DocketSTATEMENT OF DAMAGES (PERSONAL INJURY OR WRONGFUL DEATH)

    Read MoreRead Less
  • 05/03/2018
  • DocketRequest for Entry of Default / Judgment; Filed by Plaintiff/Petitioner

    Read MoreRead Less
  • 05/01/2018
  • DocketANSWER TO COMPLAINT ON BEHALF OF RONALD JERRY RECKER AND HARPER'S BACKHOE SERVICES, INC

    Read MoreRead Less
  • 05/01/2018
  • DocketAnswer; Filed by Ronald Jerry Recker (Defendant); Harper's Backhoe Service, Inc. (Defendant)

    Read MoreRead Less
  • 03/29/2018
  • DocketProof-Service/Summons; Filed by Carlos Garcia (Plaintiff); Carlos Recino (Plaintiff); Maria Rosa Ramos (Plaintiff)

    Read MoreRead Less
  • 03/29/2018
  • DocketPROOF OF SERVICE SUMMONS

    Read MoreRead Less
  • 03/07/2018
  • DocketSummons; Filed by Carlos Garcia (Plaintiff); Carlos Recino (Plaintiff); Maria Rosa Ramos (Plaintiff)

    Read MoreRead Less
  • 03/07/2018
  • DocketComplaint; Filed by Carlos Garcia (Plaintiff); Carlos Recino (Plaintiff); Maria Rosa Ramos (Plaintiff)

    Read MoreRead Less
  • 03/07/2018
  • DocketComplaint

    Read MoreRead Less

Tentative Rulings

Case Number: BC697265    Hearing Date: July 24, 2020    Dept: 29

Garcia v. Recker et al.

Defendants’ Motion to Re-Open Limited Discovery and Continue Trial is GRANTED. Pursuant to the Presiding Judge’s General Order of July 10, 2020, all civil jury trials scheduled from 7/10/20 to 8/8/20 are continued. The current trial date in this case is 8/6/20. The General Order provided that the parties would be notified of the continued trial date. All pre-trial dates for trials that are continued pursuant to the order are also continued consistent with the new trial date. General Order 7/10/20, paragraph 3.f.iii. The Court sets the following dates: Trial is set for 6/29/2021 at 8:30 a.m. Final status conference is set for 6/15/2021 at 10:00 a.m.

Defendants’ request to reopen discovery is GRANTED. The court can grant leave to reopen discovery after a new trial date has been set. Cal Code Civil Procedure § 2024.050(a).

Among the factors to be considered in granting relief are the diligence or lack of diligence in seeking discovery, the necessity for the discovery, the likelihood that permitting discovery will prevent the case from going to trial, and resulting prejudice to the opposing party, among other things. Cal Code Civ Procedure § 2024.050.

Defendant has shown good cause for the limited discovery consisting of (1) obtaining Plaintiffs’ verifications to supplemental responses previously served; (2) taking the deposition of Plaintiff’s surgeon, Pablo Pazmino, M.D., and four other treating physicians whose depositions could not be scheduled; (3) obtaining Plaintiff’s complete medical records, which Plaintiff’s counsel still has not provided pursuant to a written agreement (Declaration of Tim Hodge, paragraph 2-3, Exhibit A); and (4) complete expert discovery.

Defense counsel has shown that despite reasonable diligence, he has not been able to set necessary depositions including the deposition of Dr. Pazmino, whom Plaintiffs recently identified in an expert witness designation. Id, paragraph 5-7. Defendants attempted to meet and confer with Plaintiffs’ counsel to continue trial and extend discovery, but Plaintiffs’ counsel would not stipulate. Id. paragraph 8. Plaintiffs have not shown any prejudice that would result from the reopening of discovery.

Moving party is ordered to give notice.