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This case was last updated from Los Angeles County Superior Courts on 09/05/2020 at 00:57:49 (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, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are ELAINE LU and STEPHEN I. GOORVITCH. 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

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

ELAINE LU

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff and Petitioner

BENTON DANIEL

Defendants and Respondents

GLADYS HUANG

SPEAR JAMES

DOES 1 TO 100

HUANG GLADYS

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

MOREY CHRISTOPHER J. ESQ.

DOUGLAS CARL EDWIN

Defendant and Respondent Attorneys

FAVATA DAWNMARIE

MICHAEL MAGUIRE & ASSOCIATES

SHOTT JAMES TRACY

 

Court Documents

Minute Order - MINUTE ORDER (COURT ORDER RE CONTINUANCE OF MAY 29, 2020 HEARING)

4/20/2020: Minute Order - MINUTE ORDER (COURT ORDER RE CONTINUANCE OF MAY 29, 2020 HEARING)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [MINUTE ORDER (COURT ORDER RE CONTINUANCE OF MAY 29, 2020 HEARING)]

4/21/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [MINUTE ORDER (COURT ORDER RE CONTINUANCE OF MAY 29, 2020 HEARING)]

Motion in Limine - MOTION IN LIMINE #1 FOR MINI-OPENINGS AND COURT CONDUCTED VOIR DIRE

1/30/2020: Motion in Limine - MOTION IN LIMINE #1 FOR MINI-OPENINGS AND COURT CONDUCTED VOIR DIRE

Motion in Limine - MOTION IN LIMINE #5 TO EXCLUDE EVIDENCE OR ARGUMENT RELATING TO DR. JEFFREY D. GROSS

1/30/2020: Motion in Limine - MOTION IN LIMINE #5 TO EXCLUDE EVIDENCE OR ARGUMENT RELATING TO DR. JEFFREY D. GROSS

Jury Instructions

1/30/2020: Jury Instructions

Motion in Limine - MOTION IN LIMINE #4 TO PRECLUDE EVIDENCE AND ARGUMENT THAT PLAINTIFF WAS REFERRED TO PHYSICIANS BY COUNSEL

1/30/2020: Motion in Limine - MOTION IN LIMINE #4 TO PRECLUDE EVIDENCE AND ARGUMENT THAT PLAINTIFF WAS REFERRED TO PHYSICIANS BY COUNSEL

Witness List

1/30/2020: Witness List

Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL

2/4/2020: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL

Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL BY PARTY AGREEMENT

3/4/2020: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL BY PARTY AGREEMENT

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR ORDER TO CONTINUE TRIAL B...)

10/18/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR ORDER TO CONTINUE TRIAL B...)

[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

7/2/2019: [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

Substitution of Attorney

4/4/2019: Substitution of Attorney

Motion in Limine - Motion in Limine MOTION IN LIMINE NO. FOUR TO PRECLUDE PURPORTED EVIDENCE OF MEDICAL COSTS IN AN AMOUNT GREATER THAN WHAT PLAINTIFF'S MEDICAL PROVIDERS WILL ACCEPT AS PAYMENT IN FUL

1/14/2019: Motion in Limine - Motion in Limine MOTION IN LIMINE NO. FOUR TO PRECLUDE PURPORTED EVIDENCE OF MEDICAL COSTS IN AN AMOUNT GREATER THAN WHAT PLAINTIFF'S MEDICAL PROVIDERS WILL ACCEPT AS PAYMENT IN FUL

Motion in Limine - Motion in Limine MOTION IN LIMINE NO. THREE TO PRECLUDE PLAINTIFF FROM SHOWING ANY VIDEO OR POWERPOINT PRESENTATION DURING OPENING STATEMENT

1/14/2019: Motion in Limine - Motion in Limine MOTION IN LIMINE NO. THREE TO PRECLUDE PLAINTIFF FROM SHOWING ANY VIDEO OR POWERPOINT PRESENTATION DURING OPENING STATEMENT

Motion in Limine - Motion in Limine MOTION IN LIMINE NO. SEVEN TO EXCLUDE TO EXCLUDE EVIDENCE OF PLAINTIFFS LOSS OF EARNINGS; DECLARATION OF KEVIN R. JOLLY

1/15/2019: Motion in Limine - Motion in Limine MOTION IN LIMINE NO. SEVEN TO EXCLUDE TO EXCLUDE EVIDENCE OF PLAINTIFFS LOSS OF EARNINGS; DECLARATION OF KEVIN R. JOLLY

Minute Order - Minute Order (Legacy Event Type : Motion to Compel)

10/23/2018: Minute Order - Minute Order (Legacy Event Type : Motion to Compel)

NOTICE OF MOTION FOR ORDER COMPELLING RESPONSE TO INTERROGATORIES AND FOR AN ORDER IMPOSING MONETARY SANCTIONS OF $519.00; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF KEVIN R. JOLLY

8/10/2018: NOTICE OF MOTION FOR ORDER COMPELLING RESPONSE TO INTERROGATORIES AND FOR AN ORDER IMPOSING MONETARY SANCTIONS OF $519.00; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF KEVIN R. JOLLY

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

9/1/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

36 More Documents Available

 

Docket Entries

  • 06/29/2021
  • Hearing06/29/2021 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 06/16/2021
  • Hearing06/16/2021 at 10:00 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 09/03/2020
  • Docketat 10:30 AM in Department 32, Stephen I. Goorvitch, Presiding; Trial Setting Conference - Held

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  • 09/03/2020
  • DocketMinute Order ( (Trial Setting Conference)); Filed by Clerk

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  • 09/01/2020
  • Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; (OSC RE Dismissal) - Not Held - Advanced and Vacated

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  • 05/29/2020
  • Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; Trial Setting Conference - Not Held - Advanced and Continued - by Court

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  • 04/21/2020
  • DocketCertificate of Mailing for ([Minute Order (Court Order re Continuance of May 29, 2020 Hearing)]); Filed by Clerk

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  • 04/20/2020
  • Docketat 1:58 PM in Department 32, Stephen I. Goorvitch, Presiding; Court Order

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  • 04/20/2020
  • DocketMinute Order ( (Court Order re Continuance of May 29, 2020 Hearing)); Filed by Clerk

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  • 04/13/2020
  • Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; Jury Trial (- NFC) - Not Held - Vacated by Court

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60 More Docket Entries
  • 03/07/2018
  • DocketReceipt; Filed by JAMES SPEAR (Defendant)

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  • 03/07/2018
  • DocketANSWER TO COMPLAINT

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

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  • 02/27/2018
  • DocketPROOF OF SERVICE SUMMONS

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

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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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Tentative Rulings

Case Number: BC674586    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

BC674586

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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