This case was last updated from Los Angeles County Superior Courts on 05/02/2022 at 21:19:13 (UTC).

DELVIN MANUEL VS EMILY ALICIA GROSPE ET AL

Case Summary

On 09/13/2017 DELVIN MANUEL filed a Personal Injury - Motor Vehicle lawsuit against EMILY ALICIA GROSPE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are KRISTIN S. ESCALANTE and MARK A. BORENSTEIN. The case status is Disposed - Judgment Entered.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5747

  • Filing Date:

    09/13/2017

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

KRISTIN S. ESCALANTE

MARK A. BORENSTEIN

 

Party Details

Plaintiff

MANUEL DELVIN

Defendants

MILLER KEVIN PAYTON

GROSPE EMILY ALICIA

GROSPE JOEL

Attorney/Law Firm Details

Plaintiff Attorney

SMITH JOHN SHAFFER ESQ.

Defendant Attorney

GIBBS PATRICK JOSEPH ESQ.

 

Court Documents

Request for Dismissal

8/15/2019: Request for Dismissal

Witness List

8/20/2019: Witness List

Statement of the Case

8/20/2019: Statement of the Case

Statement of the Case

8/20/2019: Statement of the Case

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

8/21/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Opposition - OPPOSITION TO PLAINTIFFS EX PARTE

10/24/2019: Opposition - OPPOSITION TO PLAINTIFFS EX PARTE

Opposition - OPPOSITION TO PLAINTIFF'S EX-PARTE APPLICATIONS TO (1) CONTINUE TRIAL AND (2) AUGMENT/AMEND PLAINTIFF'S EXPERT DESIGNATION

10/25/2019: Opposition - OPPOSITION TO PLAINTIFF'S EX-PARTE APPLICATIONS TO (1) CONTINUE TRIAL AND (2) AUGMENT/AMEND PLAINTIFF'S EXPERT DESIGNATION

Minute Order - MINUTE ORDER (1. HEARING ON EX PARTE APPLICATION FOR AN ORDER TO CONTINUE T...)

10/25/2019: Minute Order - MINUTE ORDER (1. HEARING ON EX PARTE APPLICATION FOR AN ORDER TO CONTINUE T...)

Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIAL AND ALL EXPERT WITNESS DISCOVERY DATES

10/25/2019: Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIAL AND ALL EXPERT WITNESS DISCOVERY DATES

Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER TO AMEND HIS EXPERT WITNESS DESIGNATION PURSUANT TO C.C.P. SECTION 2034

10/25/2019: Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER TO AMEND HIS EXPERT WITNESS DESIGNATION PURSUANT TO C.C.P. SECTION 2034

Motion to Augment - MOTION TO AUGMENT NOTICE & MOTION TO AUGMENT PLAINTIFF'S 2034 DESIGNATION

11/12/2019: Motion to Augment - MOTION TO AUGMENT NOTICE & MOTION TO AUGMENT PLAINTIFF'S 2034 DESIGNATION

Motion to Augment - MOTION TO AUGMENT NOTICE AND MOTION TO AUGMENT EXPERT WITNESS DESIGNATION

11/12/2019: Motion to Augment - MOTION TO AUGMENT NOTICE AND MOTION TO AUGMENT EXPERT WITNESS DESIGNATION

Opposition - OPPOSITION OPPOSITION TO PLAINTIFFS MOTION

11/22/2019: Opposition - OPPOSITION OPPOSITION TO PLAINTIFFS MOTION

Minute Order - MINUTE ORDER (COURT ORDER)

11/25/2019: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 11/25/2019

11/25/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 11/25/2019

Reply - REPLY PLAINTIFF'S REPLY TO DEFENDANTS' OPPOSITION TO MOTION TO AUGMENT EXPERT WITNESS DESIGNATION

12/6/2019: Reply - REPLY PLAINTIFF'S REPLY TO DEFENDANTS' OPPOSITION TO MOTION TO AUGMENT EXPERT WITNESS DESIGNATION

Minute Order - MINUTE ORDER (HEARING ON PLAINTIFF'S MOTION TO AUGMENT RECORD EXPERT WITNES...)

12/11/2019: Minute Order - MINUTE ORDER (HEARING ON PLAINTIFF'S MOTION TO AUGMENT RECORD EXPERT WITNES...)

Motion in Limine - MOTION IN LIMINE DEFENDANTS MOTION IN LIMINE NO 13

1/21/2020: Motion in Limine - MOTION IN LIMINE DEFENDANTS MOTION IN LIMINE NO 13

93 More Documents Available

 

Docket Entries

  • 10/05/2020
  • DocketRequest (PLAINTIFF?S REQUEST FOR RECONSIDERATION OF THE COURT?S ORDER RE: PAYMENT OF JURY FEES; AND REQUEST TO VACATE THE ORDER; DECLARATION OF J. SHAFFER SMITH IN SUPPORT THEREOF); Filed by Delvin Manuel (Plaintiff)

    [+] Read More [-] Read Less
  • 09/14/2020
  • Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Order to Show Cause Re: Dismissal - Not Held - Advanced and Vacated

    [+] Read More [-] Read Less
  • 09/09/2020
  • Docketat 2:35 PM in Department I; Court Order

    [+] Read More [-] Read Less
  • 09/09/2020
  • DocketCertificate of Mailing for ((Court Order Re: Jury Fees) of 09/09/2020); Filed by Clerk

    [+] Read More [-] Read Less
  • 09/09/2020
  • DocketMinute Order ( (Court Order Re: Jury Fees)); Filed by Clerk

    [+] Read More [-] Read Less
  • 09/03/2020
  • DocketAmended Judgment on Special Verdict; Filed by Emily Alicia Grospe (Defendant); Joel Grospe (Defendant)

    [+] Read More [-] Read Less
  • 06/22/2020
  • DocketNotice (notice of entry of judgment or order); Filed by Emily Alicia Grospe (Defendant); Kevin Payton Miller (Defendant)

    [+] Read More [-] Read Less
  • 04/08/2020
  • DocketMemorandum of Costs (Summary); Filed by Emily Alicia Grospe (Defendant); Kevin Payton Miller (Defendant)

    [+] Read More [-] Read Less
  • 03/25/2020
  • Docketat 08:47 AM in Department I; Court Order

    [+] Read More [-] Read Less
  • 03/25/2020
  • DocketJudgment on Special Verdict; Filed by Delvin Manuel (Plaintiff)

    [+] Read More [-] Read Less
121 More Docket Entries
  • 09/07/2018
  • DocketPLAINTIFF'S MOTION IN LIMINE NO. 2 TO EXCLUDE EVII)ENCE, TESTIMONY, OR ARGUMENT REGARDING PAYMENTS FROM COLLATERAL SOURCES

    [+] Read More [-] Read Less
  • 10/31/2017
  • DocketDemand for Jury Trial; Filed by Defendant/Respondent

    [+] Read More [-] Read Less
  • 10/31/2017
  • DocketAnswer; Filed by Defendant/Respondent

    [+] Read More [-] Read Less
  • 10/31/2017
  • DocketMiscellaneous-Other; Filed by Defendant/Respondent

    [+] Read More [-] Read Less
  • 10/31/2017
  • DocketANSWER IO COMPLAINT

    [+] Read More [-] Read Less
  • 10/31/2017
  • DocketDEMAND FOR JURY TRIAL

    [+] Read More [-] Read Less
  • 10/31/2017
  • DocketCIVIL DEPOSIT

    [+] Read More [-] Read Less
  • 09/13/2017
  • DocketSUMMONS

    [+] Read More [-] Read Less
  • 09/13/2017
  • DocketComplaint; Filed by Delvin Manuel (Plaintiff)

    [+] Read More [-] Read Less
  • 09/13/2017
  • DocketCOMPLAINT FOR PERSONAL INJURIES AND PROPERTY DAMAGE

    [+] Read More [-] Read Less

Tentative Rulings

Case Number: ****5747    Hearing Date: December 11, 2019    Dept: 2

Manuel v. Grospe, et al.

Plaintiff’s Motion to Augment Expert Witness Designation is GRANTED.

1) The motion is not untimely made as Defendants contend. On 10/25/19, the court continued trial to 2/11/2020. While the court stated that discovery is not continued, the order does not expressly state that expert discovery was also not to be based on the new trial date. Instead the court permitted Plaintiff to move to amend his expert witness designation by noticed motion. See Order of 10/25/19.

Motions concerning expert discovery can be heard on or before the 10th day before the date set for trial. Cal Code Civ Proc ; 2024.030.

2) Plaintiff can move to augment his expert witness list by adding the name and address of any expert witness subsequently retained or amend the expert witness declaration with respect to that expert’s general substance of testimony. Code Civ. Proc., ; 2034.610

Defendants argue that ; 2034.610 applies to permit amendment or augmentation of retained experts only. Here, Plaintiff’s expert designation identified Ramin Rabbani, M.D. as a non-retained expert and seeks to replace Dr. Rabbani, because of his unavailability. Decl of J. Shaffer Smith, ¶¶ 5-6. Defendants read the statute too narrowly.

The parties are obligated to identify experts whose opinion a party expects to offer at trial. Cal Code Civil Procedure ; 2034.26(b)(1). In the case of retained experts under Cal Code Civil Procedure ; 2034.210(b), the party is required to provide an expert witness declaration containing certain information. Cal Code Civil Procedure ; 2034.210(c).

Plaintiff’s failure to list an expert under Section 2034.260 subjects that expert’s testimony to exclusion from evidence. Cal Code Civil Procedure ; 2034.300.

Therefore, without seeking leave to amend or augment his witness list under ;2034.610, Plaintiff would be precluded from offering the new expert’s testimony whether retained or not retained.

3) To grant Plaintiff’s requested relief, the court must find that Plaintiff would not in the exercise of reasonable diligence have determined to call that expert, or the failure to call that expert was due to mistake, inadvertence, surprise, or excusable neglect. Cal Code Civil Procedure ; 2034.620(c).

The court has discretion to grant leave to augment or amend an expert witness list after considering the extent to which the opposing party has relied on the list and whether the opposing party will suffer prejudice: Cal Code Civil Procedure ; 2034.610.

Plaintiff has shown that he could not have determined to call Dr. Sanjiv Kumar Jain, M.D. at the time of the original designation as Plaintiff was not then treating with Dr. Jain. Declaration of J. Shaffer Smith, ¶ 6. Defendant had treated with Dr. Rabbani who was designated. Dr. Rabbani is now on leave, which Plaintiff could not have anticipated, and has failed to appear at depositions in the case. Id. ¶ 6.

Since Plaintiff is continuing to be treated for his injuries by a new physician, and because Dr. Rabbani is no longer available, it is reasonable to permit Plaintiff to designate Dr. Jain. That Dr. Jain’s field differs from Dr. Rabbani’s is not sufficient grounds to deny the motion. Plaintiff is presently seeking treatment from him for his injuries. Plaintiff could not anticipate that his formerly treating physician would not be available to attest to his injuries. Plaintiff would suffer prejudice without such testimony.

Defendant has not established any resulting prejudice. Defendant has not established that six months of trial preparation has been rendered “largely useless.” On 10/25/19, the court continued trial to 2/20/20. Defendant has sufficient time to take Dr. Jain’s deposition in advance of trial.

Moving party is ordered to give notice.



Case Number: ****5747    Hearing Date: December 06, 2019    Dept: 2

****5747 Manuel v. Grospe, et al

On the court’s own motion, the hearing on the Motion to Augment Expert Witness Designation set for 12/6/19 is continued to 12/11/19 at 1:30 p.m. in Department SS-2. The due dates for the opposition and reply are based on the original hearing date.



related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases represented by Lawyer SMITH JOHN SHAFFER ESQ.