This case was last updated from Los Angeles County Superior Courts on 04/22/2022 at 22:51:58 (UTC).

DANIEL BENTON VS JAMES SPEAR ET AL

Case Summary

On 09/01/2017 DANIEL BENTON filed a Personal Injury - Motor Vehicle lawsuit against JAMES SPEAR. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judges overseeing this case are MICHAEL E. WHITAKER and FREDERICK C. SHALLER. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4586

  • Filing Date:

    09/01/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MICHAEL E. WHITAKER

FREDERICK C. SHALLER

 

Party Details

Plaintiff

BENTON DANIEL

Defendants

SPEAR JAMES

HUANG GLADYS

Attorney/Law Firm Details

Plaintiff Attorney

DOUGLAS CARL EDWIN

Defendant Attorney

HUMPHREY CRAIG A

 

Court Documents

Motion in Limine - MOTION IN LIMINE #9 TO PRECLUDE ANY MENTION, RFERENCE TO OR SUGGESTION THAT A JURY IS THE CONSCIENCE OF THE COMMUNITY

11/16/2021: Motion in Limine - MOTION IN LIMINE #9 TO PRECLUDE ANY MENTION, RFERENCE TO OR SUGGESTION THAT A JURY IS THE CONSCIENCE OF THE COMMUNITY

Motion in Limine - MOTION IN LIMINE #8 TO ALLOW EVIDENCE OF LIENS AND REFERRALS BY PLAINTIFFS ATTORNEY TO DOCTORS

11/16/2021: Motion in Limine - MOTION IN LIMINE #8 TO ALLOW EVIDENCE OF LIENS AND REFERRALS BY PLAINTIFFS ATTORNEY TO DOCTORS

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

12/29/2021: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL DUE TO COVID DEATH

1/4/2022: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL DUE TO COVID DEATH

Notice of Ruling

1/6/2022: Notice of Ruling

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE; HEARING ON EX PARTE APPLICATION TO C...)

1/6/2022: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE; HEARING ON EX PARTE APPLICATION TO C...)

Notice of Change of Address or Other Contact Information

7/29/2021: Notice of Change of Address or Other Contact Information

Notice - PLAINTIFF'S NOTICE OF NON-OPPOSITION RE DEFENDANTS' EX PARTE TO CONTINUE TRIAL

8/3/2021: Notice - PLAINTIFF'S NOTICE OF NON-OPPOSITION RE DEFENDANTS' EX PARTE TO CONTINUE TRIAL

Notice of Ruling

8/4/2021: Notice of Ruling

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

8/4/2021: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE THE TRIAL AND ALL...)

Ex Parte Application - EX PARTE APPLICATION TO CONTINUE THE TRIAL AND ALL TRIAL RELATED DEADLINES

8/4/2021: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE THE TRIAL AND ALL TRIAL RELATED DEADLINES

Minute Order - MINUTE ORDER (NUNC PRO TUNC ORDER RE: MINUTES OF 07-28-21)

7/28/2021: Minute Order - MINUTE ORDER (NUNC PRO TUNC ORDER RE: MINUTES OF 07-28-21)

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

7/28/2021: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Notice of Ruling

7/29/2021: Notice of Ruling

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR ORDER ADVANCING THE TRIAL...)

7/2/2021: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR ORDER ADVANCING THE TRIAL...)

Ex Parte Application - EX PARTE APPLICATION FOR ORDER ADVANCING THE TRIAL DATE

7/2/2021: Ex Parte Application - EX PARTE APPLICATION FOR ORDER ADVANCING THE TRIAL DATE

Notice of Ruling

9/10/2020: Notice of Ruling

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

3/4/2021: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

69 More Documents Available

 

Docket Entries

  • 06/03/2022
  • Hearing06/03/2022 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 05/19/2022
  • Hearing05/19/2022 at 10:00 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 01/12/2022
  • Docketat 08:30 AM in Department 32, Michael E. Whitaker, Presiding; Jury Trial - Not Held - Continued - Party's Motion

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  • 01/06/2022
  • Docketat 10:00 AM in Department 32, Michael E. Whitaker, Presiding; Final Status Conference - Not Held - Continued - Party's Motion

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  • 01/06/2022
  • Docketat 08:30 AM in Department 32, Michael E. Whitaker, Presiding; Hearing on Ex Parte Application (to Continue Trial due to Covid Death) - Held - Motion Granted

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  • 01/06/2022
  • DocketMinute Order ( (Final Status Conference; Hearing on Ex Parte Application to C...)); Filed by Clerk

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  • 01/06/2022
  • DocketNotice of Ruling; Filed by DANIEL BENTON (Plaintiff)

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  • 01/04/2022
  • DocketEx Parte Application (to Continue Trial due to Covid Death); Filed by DANIEL BENTON (Plaintiff)

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  • 12/29/2021
  • Docketat 10:00 AM in Department 32, Michael E. Whitaker, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 12/29/2021
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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107 More Docket Entries
  • 03/07/2018
  • DocketCIVIL DEPOSIT

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  • 03/07/2018
  • DocketAnswer; Filed by JAMES SPEAR (Defendant); GLADYS HUANG (Defendant)

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  • 03/07/2018
  • DocketReceipt; Filed by JAMES SPEAR (Defendant)

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  • 02/27/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 02/27/2018
  • DocketProof-Service/Summons; Filed by DANIEL BENTON (Plaintiff)

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  • 02/27/2018
  • DocketProof-Service/Summons; Filed by DANIEL BENTON (Plaintiff)

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  • 02/27/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 09/01/2017
  • DocketComplaint; Filed by DANIEL BENTON (Plaintiff)

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  • 09/01/2017
  • DocketSUMMONS

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  • 09/01/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: ****4586    Hearing Date: April 1, 2021    Dept: 32

PLEASE NOTE: Parties who intend to submit on this tentative must send an email to the court at sscdept32@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear in-person or remotely.

TENTATIVE RULING

DEPARTMENT

32

HEARING DATE

April 1, 2021

CASE NUMBER

****4586

MOTION

Motion to Compel Deposition

MOVING PARTIES

Defendants James Spear and Gladys Huang

OPPOSING PARTY

None

MOTION

Defendants James Spear and Gladys Huang (“Defendants”) move to enforce a subpoena that Defendants served on Deponent Frank B. Giacobetti, M.D. (“Deponent”).

ANALYSIS

Code of Civil Procedure section 1987.1 provides, “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by [a party or a witness] . . . may make an order . . . directing compliance with it upon those terms or conditions as the court shall declare, including protective orders.” (Code Civ. Proc., ; 1987.1.)

Here, Deponent is a treating physician for Plaintiff Daniel Benton (“Plaintiff”). Defendants personally served Deponent with a subpoena to compel Deponent to appear at deposition. Defendants also personally served the motion on Deponent as required. (Code Civ. Proc., ; 1005; Cal. Rules of Court, rule 3.1346.) Defendants have demonstrated that Deponent failed to appear at deposition. Accordingly, the motion is granted. Deponent is to appear for deposition via videoconference on April 22, 2021 at 1:00 PM, unless Defendants stipulate otherwise.

The Court declines to impose sanctions. As a treating health care practitioner, Deponent is entitled to reasonable fees for his deposition testimony if Defendants will ask Deponent “to express opinion testimony, including opinion or factual testimony regarding the past or present diagnosis or prognosis made by the practitioner or the reasons for a particular treatment decision made by the practitioner . . . .” (Code Civ. Proc., ; 2034.430, subd. (a)(2).) If Defendants plan to ask Deponent such questions, then Defendants are deposing Deponent as Plaintiff’s expert and must be prepared to pay Deponent’s reasonable fee. While Defendants concede that they plan to ask Deponent about his treatment of Plaintiff, but Defendants have not demonstrated that they paid Deponent his fee. Indeed, Defendants represent that they paid Defendant only $35. (Declaration of James T. Shott, ¶ 5.) As Defendants have not demonstrated that they paid the fee necessary to depose Deponent as Plaintiff’s expert, the Court considers an award of sanctions unjust.

Defendants shall give notice of this order, and file a proof of service of such.



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