This case was last updated from Los Angeles County Superior Courts on 06/16/2019 at 15:26:09 (UTC).

CONNIE JOAN LOCKER VS TRIUMPH MOTORCYCLES AMERICA LIMITED

Case Summary

On 09/22/2017 CONNIE JOAN LOCKER filed a Personal Injury - Motor Vehicle lawsuit against TRIUMPH MOTORCYCLES AMERICA LIMITED. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are HOLLY J. FUJIE, LAURA A. SEIGLE and AMY D. HOGUE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7107

  • Filing Date:

    09/22/2017

  • 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 Judges

HOLLY J. FUJIE

LAURA A. SEIGLE

AMY D. HOGUE

 

Party Details

Plaintiff and Petitioner

LOCKER CONNIE JOAN

Defendants and Respondents

DOES 1 TO 1OO

TRIUMPH MOTORCYCLES AMERICA LIMITED

BAXTER CYCLE INC

CADENA MIKE

BAXTER RANDY

BAXTER KENNER

TRIUMPH MOTORCYCLES LTD

BAXTER RANDY DBA BAXTER CYCLE INC.

Cross Plaintiff

SO CAL TRIUMPH INC.

Not Classified By Court

TRIUMPH MOTORCYCLES AMERICA LTD.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

MAKKABI DAVID F.

MAKKABI DAVID FAREID

Defendant and Respondent Attorneys

PHILLIPS DAVID M. ESQ.

LEE HANNAH

TROPIO SCOTT T. ESQ.

KAHN DAVID S.

LEE HANNAH CHEEYON

KAHN DAVID STEVEN

MCLAIN MICHAEL ANTHONY ESQ.

TROPIO SCOTT THOMAS ESQ.

HURWITZ DANIEL SCOTT ESQ.

Cross Plaintiff Attorney

TROPIO SCOTT THOMAS

 

Court Documents

PROOF OF SERVICE OF SUMMONS

2/16/2018: PROOF OF SERVICE OF SUMMONS

Stipulation and Order

11/2/2018: Stipulation and Order

Supplemental Declaration

12/21/2018: Supplemental Declaration

Request for Judicial Notice

12/21/2018: Request for Judicial Notice

Opposition

12/24/2018: Opposition

Request for Judicial Notice

1/2/2019: Request for Judicial Notice

Challenge To Judicial Officer - Peremptory (C.C.P., ? 170.6)

1/16/2019: Challenge To Judicial Officer - Peremptory (C.C.P., ? 170.6)

Minute Order

1/24/2019: Minute Order

Notice of Case Management Conference

1/30/2019: Notice of Case Management Conference

Unknown

3/25/2019: Unknown

Order

4/18/2019: Order

DEFENDANT TRIUMPH MOTORCYCLES LTD.'S ANSWER TO PLAINTIFF'S UNVERIFIED COMPLAINT

1/17/2018: DEFENDANT TRIUMPH MOTORCYCLES LTD.'S ANSWER TO PLAINTIFF'S UNVERIFIED COMPLAINT

Minute Order

1/3/2018: Minute Order

SPECIALLY APPEARING DEFENDANT TRIUMPH MOTORCYCLES, LTD'S MEMORANDUM OF POINTS AND AUTHORITIES IN REPLY TO OPPOSITION OF ITS MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT

12/26/2017: SPECIALLY APPEARING DEFENDANT TRIUMPH MOTORCYCLES, LTD'S MEMORANDUM OF POINTS AND AUTHORITIES IN REPLY TO OPPOSITION OF ITS MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT

SPECIALLY APPEARING DEFENDANT TRIUMPH MOTORCYCLES (AMERICA) LTD'S NOTICE OF MOTION AND MOTION TO QUASH SERVICE

10/25/2017: SPECIALLY APPEARING DEFENDANT TRIUMPH MOTORCYCLES (AMERICA) LTD'S NOTICE OF MOTION AND MOTION TO QUASH SERVICE

ANSWER TO UNVERIFIED COMPLAINT

11/8/2017: ANSWER TO UNVERIFIED COMPLAINT

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

9/22/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

PROOF OF SERVICE SUMMONS

9/27/2017: PROOF OF SERVICE SUMMONS

49 More Documents Available

 

Docket Entries

  • 06/07/2019
  • at 1:30 PM in Department 4B, Laura A. Seigle, Presiding; Hearing on Motion for Summary Judgment - Not Held - Vacated by Court

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  • 06/07/2019
  • at 1:30 PM in Department 4B, Laura A. Seigle, Presiding; Hearing on Motion for Summary Judgment - Not Held - Vacated by Court

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  • 05/17/2019
  • at 08:30 AM in Department 58; Conference (ReMediation Setting) - Held

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  • 05/17/2019
  • at 08:30 AM in Department 58; Status Conference - Held

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  • 05/17/2019
  • Minute Order ( (Status Conference; Conference Re: Mediation Setting)); Filed by Clerk

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  • 04/18/2019
  • at 08:30 AM in Department 58; Hearing on Motion to be Admitted Pro Hac Vice - Held

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  • 04/18/2019
  • Minute Order ( (Hearing on Motion to be Admitted Pro Hac Vice)); Filed by Clerk

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  • 04/18/2019
  • Order (Granting Philip Quaranta's Verified Application to Appear as Counsel Pro Hac Vice)

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  • 04/02/2019
  • at 08:30 AM in Department 58; Case Management Conference - Held

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  • 04/02/2019
  • Minute Order ( (Case Management Conference)); Filed by Clerk

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92 More Docket Entries
  • 10/25/2017
  • Motion to Quash; Filed by Triumph Motorcycles, Ltd (Defendant)

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  • 10/25/2017
  • SPECIALLY APPEARING DEFENDANT TRIUMPH MOTORCYCLES (AMERICA) LTD'S NOTICE OF MOTION AND MOTION TO QUASH SERVICE

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  • 10/25/2017
  • SPECIALLY APPEARING DEFENDANT TRIUMPH MOTORCYCLES, LTD'S NOTICE OF MOTION AND MOTION TO QUASH SERVICE

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  • 09/27/2017
  • Proof-Service/Summons; Filed by Connie Joan Locker (Plaintiff)

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  • 09/27/2017
  • PROOF OF SERVICE SUMMONS

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  • 09/27/2017
  • Proof-Service/Summons; Filed by Connie Joan Locker (Plaintiff)

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  • 09/27/2017
  • PROOF OF SERVICE SUMMONS

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  • 09/22/2017
  • Complaint; Filed by Connie Joan Locker (Plaintiff)

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  • 09/22/2017
  • SUMMONS

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  • 09/22/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC677107    Hearing Date: December 12, 2019    Dept: 58

Judge John P. Doyle

Department 58


Hearing Date: December 12, 2019

Case Name: Locker v. Triumph Motorcycles Limited, et al.

Case No.: BC677107

Motion: Motion for Summary Judgment/Adjudication

Moving Party: Defendants Triumph Motorcycles, Limited and Triumph Motorcycles (America), LTD

Opposing Party: Plaintiff Connie Joan Locker

Tentative Ruling: The Motion for Summary Adjudication is granted in part.


Plaintiff Connie Locker alleges that her husband died in a crash as a result of defects in his motorcycle. On September 22, 2017, Plaintiff filed the operative Complaint for (1) negligence and (2) products liability. Plaintiff pleads counts for strict liability, negligence, and breach of warranty for her products liability cause of action.

Defendants Triumph Motorcycles, Limited and Triumph Motorcycles (America), LTD move for summary judgment or, alternatively, summary adjudication of all counts. Defendants principally argue (1) there is no evidence a defect caused the subject accident; (2) Plaintiff’s product liability claim fails due to substantial alterations of the subject motorcycle; (3) there is no evidence supporting duty, causation, or breach for the purposes of Plaintiff’s negligence claim; and (4) there is no warranty which was breached.

The Motion is granted as to Plaintiff’s count for breach of express warranty because it is undisputed the subject motorcycle was not under warranty at the time of the subject crash. (Plaintiff’s Separate Statement of Undisputed Fact ¶ 54.)

The Motion is otherwise denied because Plaintiff points to evidence that (1) Defendants’ service manual for the subject motorcycle depicts improper routing of throttle cables (whether or not there are p-clips); (2) the subject motorcycle’s throttle cables were maintained in the configuration provided for by Defendants’ manual; (3) this cable routing could cause the throttle to function improperly if certain turning maneuvers were taken; (4) Plaintiff’s husband took these turning maneuvers such that his throttle stuck and caused a crash. (Yates Decl. ¶¶ 12-19.)[1]

In sum, the Motion for Summary Adjudication is granted as to Plaintiff’s count for breach of warranty. The Motion is otherwise denied.


[1] The objections are overruled as to the cited evidence. All other objections are overruled as immaterial. (Code Civ. Proc. § 437(q).)