On 10/05/2017 COLT MCELWAINE filed a Personal Injury - Motor Vehicle lawsuit against ROBERT WELLS. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are CHRISTOPHER K. LUI and DANIEL M. CROWLEY. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
CHRISTOPHER K. LUI
DANIEL M. CROWLEY
DOES 1 TO 100
HESTER CLAYTON (DOE 2)
FIELDTURF USA INC. A CORP. (DOE 1)
TARKETT FINANCE INC. A CORP. (DOE 3)
FIELDTURF USA INC. A CORP. DOE 1
TARKETT FINANCE INC. A CORP. DOE 3
HESTER CLAYTON DOE 2
FIELDTURF USA INC. A CORPORATION DOE 1
TARKETT FINANCE INC. A CORPORATION DOE 3
BERGENER JAMES M.
BERGENER JAMES M.
SPENCER STEVEN ERIC
FORD WALKER HAGGERTY & BEHAR LAW O/O
DIEDERICH & ASSOCIATES
PAULSON JOHN KENNETH
ZEPEDA MONICA MARIE
VOLK AMY ELIZABETH
MICHAEL CHRISTINA FERRERI
GIBBS PATRICK JOSEPH
7/22/2020: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)
10/30/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: SERVICE OF SUMMONS AND COMPLAINT)
10/4/2019: Declaration - DECLARATION OF STEVEN E. SPENCER IN OPPOSITION TO DEFENDANTS MOTION TO CONTINUE FINAL STATUS CONFERENCE, TRIAL DATE AND ALL RELATED DATES
9/18/2019: Declaration - DECLARATION DECLARATION OF SHARON L. SMITH RE NOTICE OF EX PARTE
9/18/2019: Notice - NOTICE OF CHANGE OF HANDLING ATTORNEY WITHIN FIRM AND CHANGE OF ADDRESS
6/3/2019: Order - ORDER PROPOSED ORDER
6/10/2019: Notice of Ruling
2/20/2019: Opposition - OPPOSITION TO EX PARTE APPLICATION TO CONTINUE TRIAL
2/20/2019: Minute Order - Minute Order (Hearing on Ex Parte Application for an order for continuance ...)
1/30/2019: Association of Attorney - Notice of Change of Handling Attorney
9/6/2018: DEMAND FOR JURY TRIAL
6/4/2018: NOTICE OF ASSOCIATION OF COUNSEL
6/26/2018: PROOF OF SERVICE SUMMONS -
6/27/2018: PROOF OF SERVICE SUMMONS -
7/3/2018: PROOF OF SERVICE SUMMONS -
8/9/2018: ANSWER TO COMPLAINT
8/9/2018: CROSS COMPLAINT - PERS. INJURY PROPERTY DAMAGE, WRONG DEATH (2 PAGES) -
10/5/2017: SUMMONS -
Hearing03/05/2021 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Jury TrialRead MoreRead Less
Hearing02/19/2021 at 10:00 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Final Status ConferenceRead MoreRead Less
Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Order to Show Cause Re: Dismissal - Not Held - Vacated by CourtRead MoreRead Less
Docketat 10:30 AM in Department 28, Daniel M. Crowley, Presiding; Trial Setting Conference - HeldRead MoreRead Less
DocketMinute Order ( (Trial Setting Conference)); Filed by ClerkRead MoreRead Less
DocketNotice of Posting of Jury Fees; Filed by COLT MCELWAINE (Plaintiff)Read MoreRead Less
Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Jury Trial - Not Held - Advanced and VacatedRead MoreRead Less
Docketat 10:00 AM in Department 28, Daniel M. Crowley, Presiding; Final Status Conference - Not Held - Advanced and VacatedRead MoreRead Less
Docketat 10:45 AM in Department 28, Daniel M. Crowley, Presiding; Court OrderRead MoreRead Less
DocketCertificate of Mailing for ((Court Order) of 04/15/2020); Filed by ClerkRead MoreRead Less
DocketANSWER TO COMPLAINT AND DEMAND FOR JURYRead MoreRead Less
DocketCROSS-COMPLAINTRead MoreRead Less
DocketSummons; Filed by Robert Wells (Defendant)Read MoreRead Less
DocketCross-Complaint; Filed by Robert Wells (Defendant)Read MoreRead Less
DocketSummons on Cross ComplaintRead MoreRead Less
DocketProof of ServiceRead MoreRead Less
DocketProof of Service (not Summons and Complaint); Filed by Robert Wells (Defendant)Read MoreRead Less
DocketCOMPLAINT FOR DAMAGESRead MoreRead Less
DocketComplaint; Filed by COLT MCELWAINE (Plaintiff)Read MoreRead Less
DocketSUMMONSRead MoreRead Less
Case Number: BC678424 Hearing Date: October 25, 2019 Dept: 4A
Motion to Continue Trial and Final Status Conference
Having considered the moving, opposing, and reply papers the Court rules as follows.
On October 5, 2017, Plaintiff Colt McElwaine (“Plaintiff”) filed a complaint against Defendants Robert Wells and Keleni Brown asserting a cause of action for negligence arising out of a motor vehicle accident that occurred on October 7, 2015.
On May 31, 2018, Defendant Robert Wells filed a cross-complaint against Defendant Keleni Brown asserting causes of action for implied indemnity, contribution, and declaratory relief.
On June 11, 2018, Plaintiff amended the complaint substituting Does 1, 2, and 3 for Fieldturf USA, Inc., Clayton Hester, and Tarkett Finance, Inc., respectively.
On August 9, 2018, Defendant Keleni Brown filed a cross-complaint against Defendant Robert Wells asserting causes of action for apportionment of fault, indemnification, and declaratory relief.
On February 28, 2019, the cross-complaint filed by Keleni Brown was dismissed with prejudice.
On February 28, 2019, the Court granted the application of Keleni Brown for good faith settlement entered into between Plaintiff and Colt McElwaine and by and between Keleni Brown and Robert Wells.
On September 25, 2019, the Court dismissed the complaint with prejudice as to Keleni Brown and Clayton Hester only.
On September 25, 2019, Defendants Robert Wells; Tarkett Finance Inc. and Fieldturf USA, Inc. (collectively, “Moving Defendants”) filed the instant motion to continue final status conference, trial date, and all related dates.
Trial is currently set for December 16, 2019.
Moving Defendants request that the court continue the final status conference and trial to dates no less than 120 days later than their currently scheduled dates, December 2, 2019, and December 16, 2019, respectively. Moving Defendants prefer a trial date in April 2020 or to a date as soon thereafter.
Pursuant to California Rules of Court, rule 3.1332, subdivision (a), “[t]o ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Under California Rules of Court, rule 3.1332, subdivision (b), “[a] party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.”
California Rules of Court, rule 3.1332, subdivision (c) states that “[a]lthough continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.” California Rules of Court, rule 3.1332, subdivision (d) sets forth factors that are relevant in determining whether to grant a continuance.
California Code of Civil Procedure section 2024.050 allows a court to grant leave to complete discovery proceedings. In doing so, a court shall consider matters relevant to the leave requested, including, but not limited to: (1) the necessity of the discovery, (2) the diligence in seeking the discovery or discovery motion, (3) the likelihood of interference with the trial calendar or prejudice to a party, and (4) the length of time that has elapsed between previous trial dates. (Code Civ. Proc. § 2024.050.)
Moving Defendants argue there is good cause to continue the final status conference, trial, and related dates because Moving Defendants would be highly prejudiced if trial is not continued. Moving Defendants assert that they have new counsel, Amy Volk (“Volk”), who was assigned to this case on September 12, 2019. Although in the same firm as previous counsel, Volk is not in the same physical office. (Motion, p. 4:13-14; Volk Decl. ¶ 3.) Additionally, as staff counsel, Volk has a limited number of attorneys to select from. (Motion, p. 4:14-15.) Moving Defendants argue Volk’s vacation plans and current trial schedule conflict with the current trial date. (Motion, p. 4:16-24; Volk Decl. ¶¶ 7-8.) Moving Defendants also argue that discovery is still outstanding as a Demand for Production of Documents has been propounded on Plaintiff seeking complete copies of Plaintiff’s medical records from his out-of-state treating facilities. (Motion, p. 4:25-5:4; Volk Decl. ¶¶ 5-6.)
Plaintiff filed a “Declaration of Steven E. Spencer in Opposition to Defendants’ Motion to Defendants’ Motion to Continue Final Status Conference, Trial Date and All Related Dates. No actual opposition was filed. In the declaration, Plaintiff’s counsel declares that Plaintiff identified out-of-state providers, yet defense took absolutely no steps to secure records via commissions. (Spencer Decl. ¶ 2.) Spencer declares staff counsel has been defending this matter at all times and it is unclear why the file was transferred to an attorney who was not available. (Id. at ¶ 3.) The trial was previously moved to December because prior defense counsel was pregnant. (Id. at ¶ 4.) Plaintiff requests that if the matter is continued it be continued to June 2020. (Id.)
In reply, Volk declares Plaintiff’s counsel contacted her office on October 8, 2019, advising that Plaintiff is not available for the defense medical examination set for October 17, 2019. (Volk Decl. ¶ 2.) Volk declared that Plaintiff’s counsel indicated to her that, due to the re-scheduling request for defense medical examination, he is agreeable to the trial continuance. (Id. at ¶ 4.) In light of outstanding discovery remaining and parties’ mutual amenability to a continuance, the Court finds there to be good cause to grant the requested continuance of the final status conference, trial, and all related dates.
Accordingly, the motion is GRANTED.
The Court orders trial shall be continued to June 4, 2020 at 8:30 a.m. The Court also orders the final status conference date shall be continued to May 21, 2020 at 10:00 a.m. Both hearings are to be held in Department 4A of the Spring Street Courthouse, 312 North Spring Street, Los Angeles, CA 90012. All discovery and motion cut-off dates are to be based on the June 4, 2020 trial date.
The Court also orders an OSC Re: (Service of Summons and Complaint) to be heard on October 30, 2020 at 8:30 a.m. in Department 4A of the Spring Street Courthouse, 312 North Spring Street, Los Angeles, CA 90012.
Moving Defendants are to give notice of the Court’s order.