This case was last updated from Los Angeles County Superior Courts on 08/13/2022 at 04:02:23 (UTC).

DEBRA CUMPSTON VS CITY OF CLAREMONT, ET AL.

Case Summary

On 12/04/2020 DEBRA CUMPSTON filed a Personal Injury - Other Personal Injury lawsuit against CITY OF CLAREMONT,. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is MICHAEL E. WHITAKER. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6413

  • Filing Date:

    12/04/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MICHAEL E. WHITAKER

 

Party Details

Plaintiff

CUMPSTON DEBRA

Defendants and Cross Plaintiffs

PRECISION CONCRETE CUTTING INC.

IMS INFRASTRUCTURE MANAGEMENT SERVICES LLC

RKA CONSULTING GROUP

KALBAN INC.

CITY OF CLAREMONT

Cross Defendants

ROES 1-50

ZOES 1-30

ZOES 1-30 INCLUSIVE

Not Classified By Court

CLAREMONT UNIFIED SCHOOL DISTRICT

Attorney/Law Firm Details

Plaintiff Attorney

ZACHER DIETER

Defendant Attorneys

POIRIER RONALD

LAURENCE PATRICK MICHAEL

TREGLIA LAWRENCE ALFRED

WEAR VICTOR

Other Attorneys

FRIEDER STEPHEN

 

Court Documents

Opposition - OPPOSITION TO MOTION TO CONTINUE TRIAL AND OPPOSITION TO MOTION TO ADVANCE HEARING DATE; DECLARATION OF STEPHEN FRIEDER

3/10/2022: Opposition - OPPOSITION TO MOTION TO CONTINUE TRIAL AND OPPOSITION TO MOTION TO ADVANCE HEARING DATE; DECLARATION OF STEPHEN FRIEDER

Minute Order - MINUTE ORDER (HEARING ON MOTION TO CONTINUE TRIAL)

3/24/2022: Minute Order - MINUTE ORDER (HEARING ON MOTION TO CONTINUE TRIAL)

Notice of Ruling

3/24/2022: Notice of Ruling

Notice of Change of Address or Other Contact Information

6/16/2022: Notice of Change of Address or Other Contact Information

Request for Dismissal

2/7/2022: Request for Dismissal

Separate Statement

2/14/2022: Separate Statement

Motion for Summary Judgment

2/14/2022: Motion for Summary Judgment

Declaration - DECLARATION CITY OF CLAREMONT'S DECLARATIONS AND EXHIBITS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

2/14/2022: Declaration - DECLARATION CITY OF CLAREMONT'S DECLARATIONS AND EXHIBITS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

Motion to Continue Trial Date

2/23/2022: Motion to Continue Trial Date

Notice of Entry of Dismissal and Proof of Service

9/28/2021: Notice of Entry of Dismissal and Proof of Service

Notice of Posting of Jury Fees

9/28/2021: Notice of Posting of Jury Fees

Request for Dismissal

8/26/2021: Request for Dismissal

Request for Dismissal

8/30/2021: Request for Dismissal

Notice of Entry of Dismissal and Proof of Service - NOTICE NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE

9/8/2021: Notice of Entry of Dismissal and Proof of Service - NOTICE NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE

Notice of Rejection - Pleadings

9/13/2021: Notice of Rejection - Pleadings

Request for Dismissal

8/16/2021: Request for Dismissal

Answer

8/6/2021: Answer

Notice of Posting of Jury Fees

8/6/2021: Notice of Posting of Jury Fees

21 More Documents Available

 

Docket Entries

  • 12/01/2023
  • Hearing12/01/2023 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 03/28/2023
  • Hearing03/28/2023 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 03/14/2023
  • Hearing03/14/2023 at 10:00 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 01/30/2023
  • Hearing01/30/2023 at 1:30 PM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Summary Judgment

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  • 06/16/2022
  • DocketNotice of Change of Address or Other Contact Information; Filed by CITY OF CLAREMONT (Defendant)

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  • 06/03/2022
  • Docketat 08:30 AM in Department 32; Jury Trial (- NFC) - Not Held - Continued - Party's Motion

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  • 05/20/2022
  • Docketat 10:00 AM in Department 32; Final Status Conference - Not Held - Continued - Party's Motion

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  • 03/24/2022
  • Docketat 1:30 PM in Department 32, Michael E. Whitaker, Presiding; Hearing on Motion to Continue Trial - Held - Motion Granted

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  • 03/24/2022
  • DocketNotice of Ruling; Filed by CITY OF CLAREMONT (Defendant)

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  • 03/24/2022
  • DocketMinute Order ( (Hearing on Motion to Continue Trial)); Filed by Clerk

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20 More Docket Entries
  • 02/17/2021
  • DocketCross-Complaint; Filed by CITY OF CLAREMONT (Defendant)

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  • 02/17/2021
  • DocketSummons (Cross-Complaint); Filed by CITY OF CLAREMONT (Defendant)

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  • 02/17/2021
  • DocketAnswer; Filed by CITY OF CLAREMONT (Defendant)

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  • 01/20/2021
  • DocketProof of Personal Service; Filed by Debra Cumpston (Plaintiff)

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  • 01/12/2021
  • DocketCertificate of Mailing for ([PI General Order], Standing Order re PI Procedures and Hearing Date); Filed by Clerk

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  • 01/12/2021
  • DocketPI General Order; Filed by Clerk

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  • 12/04/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 12/04/2020
  • DocketComplaint; Filed by Debra Cumpston (Plaintiff)

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  • 12/04/2020
  • DocketSummons (on Complaint); Filed by Debra Cumpston (Plaintiff)

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  • 12/04/2020
  • DocketCivil Case Cover Sheet; Filed by Debra Cumpston (Plaintiff)

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Tentative Rulings

Case Number: *******6413 Hearing Date: March 24, 2022 Dept: 32

PLEASE NOTE: Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached. If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit. The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling. If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court. If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged). Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court.

TENTATIVE RULING

DEPARTMENT

32

HEARING DATE

March 24, 2022

CASE NUMBER

*******6413

MOTION

Motion to Continue Trial

MOVING PARTY

Defendant City of Claremont

OPPOSING PARTY

Plaintiff Debra Cumpston

MOTION

Defendant City of Claremont moves to continue trial, which is currently set for June 3, 2022, to a date 30 days after January 30, 2023, with the final status conference and motion and discovery cutoff dates to be based on the new trial date. In the alternative, Defendant requests the Court to advance the hearing date for Defendant’s motion for summary judgment to a date prior to May 4, 2022. Plaintiff Debra Cumpston opposes the motion with respect to Defendant’s request to advance the hearing date on the motion for summary judgment. Plaintiff does not oppose the motion to continue trial.

ANALYSIS

“Continuances are granted only on an affirmative showing of good cause requiring a continuance.” (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion in considering a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) California Rules of Court, rule 3.1332 sets forth factors for the Court to consider in ruling on a motion to continue trial. Whether the parties have stipulated to the postponement is a relevant factor for consideration. (See Code Civ. Proc., 595.2, but see Lorraine v. McComb (1934) 220 Cal. 753, 756-757 [finding a stipulation to be merely “directory”].)

Here, Defendant seek a trial continuance to permit Defendant’s motion for summary judgment to be timely heard before trial. According to counsel for Defendant, Victor Wear (“Counsel”), Defendant filed and served its motion for summary judgment on February 11, 2022, which service is timely for a hearing date before the May 4, 2022 deadline based on the current trial date. (Declaration of Victor Wear, 2.) Counsel avers his office scheduled a hearing on Defendant’s motion for summary judgment on January 6, 2022, at which time the first available hearing date was January 30, 2023. (Declaration of Victor Wear 3.)

The Court concludes that Defendants have shown good cause for a trial continuance pursuant to California Rules of Court, rule 3.1332.

CONCLUSION AND ORDER

Therefore, the Court grants Defendant’s motion to continue trial and orders as follows:



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