This case was last updated from Los Angeles County Superior Courts on 07/04/2019 at 01:49:15 (UTC).

GENARO SORIANO VS LIVE NATION WORLDWIDE INC ET AL

Case Summary

On 02/08/2018 GENARO SORIANO filed a Personal Injury - Other Personal Injury lawsuit against LIVE NATION WORLDWIDE INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is LAURA A. SEIGLE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3514

  • Filing Date:

    02/08/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

LAURA A. SEIGLE

 

Party Details

Plaintiff and Petitioner

SORIANO GENARO

Defendants and Respondents

HOLLYWOOD PALLADIUM

LIVE NATION WORLDWIDE INC.

DOES 1-50

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

WEINSTEIN ZEV Y.; ESQ.

Defendant and Respondent Attorney

SCHONBUCH MICHAEL N. ESQ.

 

Court Documents

Complaint

2/8/2018: Complaint

Summons

2/8/2018: Summons

Civil Case Cover Sheet

2/8/2018: Civil Case Cover Sheet

CoverSheet

2/8/2018: CoverSheet

ANSWER TO COMPLAINT AND DEMAND FOR JURY TRIAL

3/29/2018: ANSWER TO COMPLAINT AND DEMAND FOR JURY TRIAL

Notice

5/14/2018: Notice

Ex Parte Application

6/17/2019: Ex Parte Application

Minute Order

6/17/2019: Minute Order

Notice of Deposit - Jury

2/25/2019: Notice of Deposit - Jury

Proof of Personal Service

3/23/2018: Proof of Personal Service

 

Docket Entries

  • 06/17/2019
  • at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Hearing on Ex Parte Application (for an Order Granting its Motion to Continue Trial and All Related Dates) - Held - Motion Granted

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  • 06/17/2019
  • Ex Parte Application (for an Order Granting its Motion to Continue Trial and All Related Dates); Filed by Genaro Soriano (Plaintiff)

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  • 06/17/2019
  • Minute Order ( (Hearing on Ex Parte Application for an Order Granting its Mot...)); Filed by Clerk

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  • 02/25/2019
  • Notice of Deposit - Jury; Filed by Live Nation Worldwide, Inc. (Defendant)

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  • 05/14/2018
  • Notice; Filed by Genaro Soriano (Plaintiff)

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  • 05/14/2018
  • Notice of Withdrawal

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  • 03/29/2018
  • ANSWER TO COMPLAINT AND DEMAND FOR JURY TRIAL

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  • 03/29/2018
  • Answer; Filed by Live Nation Worldwide, Inc. (Defendant)

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  • 03/23/2018
  • Proof of Personal Service

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  • 03/23/2018
  • Proof of Service (not Summons and Complaint); Filed by Genaro Soriano (Plaintiff)

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  • 02/08/2018
  • Complaint; Filed by Genaro Soriano (Plaintiff)

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  • 02/08/2018
  • Summons; Filed by null

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Tentative Rulings

Case Number: BC693514    Hearing Date: September 21, 2020    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

GENARO SORIANO,

Plaintiff(s),

vs.

LIVE NATION WORLDWIDE, INC. et al.,

Defendant(s).

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.: BC693514

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO COMPEL DEFENDANT’S COMPLIANCE WITH REQUESTS FOR PRODUCTION

Dept. 27

1:30 p.m.

September 21, 2020

On February 8, 2018, Plaintiff Generao Soriano filed this action against Defendant Live Nation World Wide, Inc. alleging injuries sustained during a show at the Hollywood Palladium on August 26, 2016.  On October 3, 2019, Plaintiff served Defendant with Requests for Production of Documents, Set One.  Defendant served responses on April 17, 2019.  

On November 26, 2019, Paintiff deposed Defendant’s Person Most Knowledgeable, Gabriel Sobol (“Sobol”).  On March 25, 2020, after reviewing the deposition transcript, Plaintiff filed this Motion contending that there are nine categories of responsive documents that Defendant withheld in its April 17, 2019 responses.  Plaintiff also seeks monetary sanctions

If a party filing a response to a demand for inspection, copying, testing or sampling thereafter fails to permit the inspection, copying, testing, or sampling in accordance with that party’s statement of compliance, the demanding party may move for an order compelling compliance.  (Code Civ. Proc., § 2031.320, subd. (a).)

Plaintiff argues Defendant has not produced documents it either agreed to produce or stated they were unable to respond because it had no possession, custody, or control of the requested documents.  These documents and requests fall into three categories of documents.  

First, Request for Production of Documents (“RFP”) Nos. 2-6 and 8 request documents relating to the investigation of the incidentPlaintiff contends documents referred to as the “Show Files” and “Nightly Show Reports” have been withheld. In opposition, Defendant argues the requests do not encompass these documents and the documents would encompass over 600 different shows that have run at the Hollywood Palladium.  Defendant further argues the Show Files and Nightly Show Reports only contain irrelevant financial information.  On reply, Plaintiff states that documents “presumed to be the ‘Show Files’” have been produced, as well as a redacted Show Report.  

Second, RFP Nos. 11-22, 26-27, and 30 relate to safety on the premises.  As on July 21, 2020, Defendant has produced some documents relating to security training and other documents identifying the security staff at the show and describing the event.  Plaintiff appears to request sanctions in connection with these requests because the documents were not produced until six months after Plaintiff filed his Motion.  

Third, RFP Nos. 28-29 seek documents relating to “mosh pit” accidents before and after the incident.  Similar to the first category, Plaintiff argues that “Show Files” and “Nightly Show Reports” fall within these requests.

Based on the reply brief, it appears that Plaintiff’s demands have been informally resolved.  Nevertheless, Plaintiff still requests the Court order Defendant to produce all responsive documents within 10 days.  It is unclear how Plaintiff contends that there are categories of documents Plaintiff still at issue.  Therefore, the Motion is DENIED as moot. 

The court shall impose a monetary sanction against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel compliance with a demand, unless the court finds the party subject to sanctions acted with substantial justification or there are other circumstances making the imposition of sanctions unjust.  (Code Civ. Proc., § 2031.320, subd. (b).)  A moving party may still be awarded sanctions even if the requested discovery was provided after the motion was filed.  (Cal. Rule of Court 3.1348, subd. (a).)  

Defendant does not dispute that documents were not produced until after the Motion was filed.  Defendant also does not explain why sanctions would be unjust despite the belated production of show reports describing the intoxicated state of the audience or identifying the security staff.  Accordingly, the Court imposes monetary sanctions against Defendant and counsel of record, jointly and severally, in the reasonable amount of $460, consisting of an hour at counsel’s hourly rate of $400 and a $60 filing fee within 20 day of the date of this Order.  

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  

21st day of September 2020

Hon. Edward B. Moreton, Jr.

Judge of the Superior Court

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