This case was last updated from Los Angeles County Superior Courts on 11/29/2019 at 12:11:57 (UTC).

GIVON CRUMP VS 24 HOUR FITNESS USA INC

Case Summary

On 04/13/2018 a Personal Injury - Other Personal Injury case was filed by GIVON CRUMP against 24 HOUR FITNESS USA INC in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2087

  • Filing Date:

    04/13/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

GEORGINA T. RIZK

KRISTIN S. ESCALANTE

 

Party Details

Plaintiff and Petitioner

CRUMP GIVON

Defendants and Respondents

24 HOUR FITNESS USA INC.

DOES 1 TO 30

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

BANAFSHE P. RYAN

BANAFSHE PAYUM RYAN ESQ.

Defendant and Respondent Attorneys

NICK JACK C. ESQ.

NICK JACK CLIFFORD ESQ.

 

Court Documents

Motion in Limine - MOTION IN LIMINE OF DEFENDANTS TO PRECLUDE ULTIMATE CONCLUSIONS OF LAW FROM PLAINTIFFS' EXPERT - NO. 5

11/26/2019: Motion in Limine - MOTION IN LIMINE OF DEFENDANTS TO PRECLUDE ULTIMATE CONCLUSIONS OF LAW FROM PLAINTIFFS' EXPERT - NO. 5

Motion in Limine - MOTION IN LIMINE OF DEFENDANT TO EXCLUDE ANY TESTIMONY OR ARGUMENT CONCERNING LOSS OF EARNINGS AND FUTURE LOSS OF EARNINGS - NO. 9

11/26/2019: Motion in Limine - MOTION IN LIMINE OF DEFENDANT TO EXCLUDE ANY TESTIMONY OR ARGUMENT CONCERNING LOSS OF EARNINGS AND FUTURE LOSS OF EARNINGS - NO. 9

Motion in Limine - MOTION IN LIMINE OF DEFENDANT TO EXCLUDE EVIDENCE OF MEDICAL COSTS/DAMAGES WHICH ARE GREATER THAN THE AMOUNT PAID BY PLAINTIFF, PLAINTIFF'S INSURERS, OR REASONABLY PAID BY INSURANCE

11/26/2019: Motion in Limine - MOTION IN LIMINE OF DEFENDANT TO EXCLUDE EVIDENCE OF MEDICAL COSTS/DAMAGES WHICH ARE GREATER THAN THE AMOUNT PAID BY PLAINTIFF, PLAINTIFF'S INSURERS, OR REASONABLY PAID BY INSURANCE

Motion in Limine - MOTION IN LIMINE OF DEFENDANTS TO EXCLUDE EVIDENCE OR ARGUMENT REGARDING DEFENDANT'S FINANCE AND/OR FINANCIAL CONDITIONS/STATUS) NO. 3

11/26/2019: Motion in Limine - MOTION IN LIMINE OF DEFENDANTS TO EXCLUDE EVIDENCE OR ARGUMENT REGARDING DEFENDANT'S FINANCE AND/OR FINANCIAL CONDITIONS/STATUS) NO. 3

Motion in Limine - MOTION IN LIMINE OF DEFENDANT TO EXCLUDE HEARSAY BILLS AND MEDICAL RECORDS

11/26/2019: Motion in Limine - MOTION IN LIMINE OF DEFENDANT TO EXCLUDE HEARSAY BILLS AND MEDICAL RECORDS

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE ...)

11/14/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE ...)

Objection - OBJECTION TO NEW EVIDENCE FILED BY DEFENDANT 24 HOUR FITNESS USA, INC. WITH ITS REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT/ADJUDICATION.

11/12/2019: Objection - OBJECTION TO NEW EVIDENCE FILED BY DEFENDANT 24 HOUR FITNESS USA, INC. WITH ITS REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT/ADJUDICATION.

Separate Statement

11/8/2019: Separate Statement

Declaration - DECLARATION OF BRITTANY LUCIO IN SUPPORT OF OPPOSITION TO MOTION FOR SUMMARY JUDGMENT

10/30/2019: Declaration - DECLARATION OF BRITTANY LUCIO IN SUPPORT OF OPPOSITION TO MOTION FOR SUMMARY JUDGMENT

Notice of Lodging - NOTICE OF LODGING OF VIDEO EXHIBITS "A" THROUGH "F" IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFEDFANTS MOTION FOR SUMMARY JUDGMENT/ADJUDICATION

10/30/2019: Notice of Lodging - NOTICE OF LODGING OF VIDEO EXHIBITS "A" THROUGH "F" IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFEDFANTS MOTION FOR SUMMARY JUDGMENT/ADJUDICATION

Response - RESPONSE SEPARATE STATEMENT OF DISPUTED, UNDISPUTED, AND ADDITIONAL MATERIAL FACTS AND REFERENCES TO SUPPORTING EVIDENCE

10/30/2019: Response - RESPONSE SEPARATE STATEMENT OF DISPUTED, UNDISPUTED, AND ADDITIONAL MATERIAL FACTS AND REFERENCES TO SUPPORTING EVIDENCE

Opposition - OPPOSITION TO DEFENDANT 24 HOUR FITNESS USA, INC.'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE FOR SUMMARY ADJUDICATION OF ISSUES

10/30/2019: Opposition - OPPOSITION TO DEFENDANT 24 HOUR FITNESS USA, INC.'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE FOR SUMMARY ADJUDICATION OF ISSUES

Notice - NOTICE OF PLAINTIFF'S COMPENDIUM OF EVIDENCE IN SUPPORT OF OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT/ADJUDICATION

10/30/2019: Notice - NOTICE OF PLAINTIFF'S COMPENDIUM OF EVIDENCE IN SUPPORT OF OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT/ADJUDICATION

Declaration - DECLARATION OF KENDRA SCHULTZE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION BY 24 HOUR FITNESS USA, INC.

4/9/2019: Declaration - DECLARATION OF KENDRA SCHULTZE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION BY 24 HOUR FITNESS USA, INC.

Separate Statement

4/9/2019: Separate Statement

Motion for Summary Judgment

4/9/2019: Motion for Summary Judgment

PROOF OF SERVICE SUMMONS -

4/27/2018: PROOF OF SERVICE SUMMONS -

SUMMONS -

4/13/2018: SUMMONS -

36 More Documents Available

 

Docket Entries

  • 04/13/2021
  • Hearing04/13/2021 at 08:30 AM in Department 2 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 01/08/2020
  • Hearing01/08/2020 at 08:30 AM in Department 2 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 12/23/2019
  • Hearing12/23/2019 at 13:30 PM in Department 2 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 12/23/2019
  • Hearing12/23/2019 at 13:30 PM in Department 2 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 12/20/2019
  • Hearing12/20/2019 at 10:00 AM in Department 2 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 11/27/2019
  • Docketat 10:00 AM in Department 2, Kristin S. Escalante, Presiding; Ruling on Submitted Matter

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  • 11/27/2019
  • DocketMinute Order ( (Ruling on Submitted Matter Re: Motion for Summary Judgment, o...)); Filed by Clerk

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  • 11/27/2019
  • DocketCertificate of Mailing for ((Ruling on Submitted Matter Re: Motion for Summary Judgment, o...) of 11/27/2019); Filed by Clerk

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  • 11/26/2019
  • DocketMotion in Limine (of Defendant to Exclude Undisclosed Witnesses); Filed by 24 Hour Fitness USA, Inc. (Defendant)

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  • 11/26/2019
  • DocketMotion in Limine (of Defendants to Exclude Expert Testimony Not DIsclosed in Their Depositions) No. 4); Filed by 24 Hour Fitness USA, Inc. (Defendant)

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45 More Docket Entries
  • 09/17/2018
  • DocketMotion to Compel; Filed by 24 Hour Fitness USA, Inc. (Defendant)

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  • 09/17/2018
  • DocketDEFENDANT'S MOTION TO COMPEL PLAINTIFF'S RESPONSES TO REQUEST FOR PRODUCTION, SET ONE; DECLARATION OF WAYNE W. WATTEN; AND (PROPOSED) ORDER

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  • 09/17/2018
  • DocketDEFENDANT'S MOTION TO COMPEL PLAINTIFF'S RESPONSES TO FORM INTERROGATORIES, SET ONE; DECLARATION OF WAYNE W. WATTEN; AND (PROPOSED) ORDER

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  • 06/04/2018
  • DocketANSWER TO PLAINTIFF'S C0MPLAINT

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  • 06/04/2018
  • DocketAnswer; Filed by 24 Hour Fitness USA, Inc. (Defendant)

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  • 04/27/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 04/27/2018
  • DocketProof-Service/Summons; Filed by Givon Crump (Plaintiff)

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  • 04/13/2018
  • DocketComplaint; Filed by Givon Crump (Plaintiff)

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  • 04/13/2018
  • DocketSUMMONS

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  • 04/13/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC702087    Hearing Date: January 21, 2020    Dept: 29

Crump v. 24 Hour Fitness

Plaintiff’s Motion for Leave To File Amended Complaint to Allege Punitive Damages is GRANTED.

The Court has the discretion to allow amendment of a pleading under section 473 of the Code of Civil Procedure. Leave to amend is liberally granted. Atkinson v. Elk Corp. (2003) 109 Cal. App. 4th 739, 760 (section 473 “has received a very liberal interpretation” by the courts of this state). If the motion is timely made, and the granting of the motion will not prejudice the opposing party, it is error for the court to grant permission to amend. Morgan v. Superior Court of Los Angeles (1959) 172 Cal. App. 2d 527, 530.

In addition, the Court does not ordinarily “consider the validity of the proposed amended pleading in deciding whether to grant leave to amend.” Kittredge Sports Co. v. Superior Court (1989) 213 Cal. App. 3d 1045, 1048. “Grounds for demurrer or motion to strike are premature. After leave to amend is granted, the opposing party will have the opportunity to attack the validity of the amended pleading.” Id.

Defendant claims that Plaintiff’s motion to amend was not timely made. Plaintiff discovered the facts upon which the proposed amendment is based in August 2019, but Plaintiff did not seek leave to amend until four months later, in December 2019. While the Court agrees with Defendant that Plaintiff should have brought this motion earlier, the Court does not find the Plaintiff’s delay so egregious as to justify denial of the motion.

Defendant also claims that it will suffer prejudice if Plaintiff is permitted to amend the complaint because there will not be sufficient time to file a motion for summary adjudication based on the current trial date. This does not provide a basis for denying the motion. If Defendant wishes to bring a motion for summary adjudication, Defendant may move for a brief continuance of the trial so that the motion may be brought in a timely manner. Barring some unforeseen circumstance, the Court would grant such a motion or application.

Defendant finally argues that allowing the amendment would be futile because the punitive damages claims is without merit. Although some courts have upheld the denial of a motion to amend based on futility grounds, the better practice is for the Court to allow the amendment and then to rule on the sufficiency of the allegations or evidence in connection with a motion to strike or motion for summary adjudication. Kittredge Sports Co. v. Superior Court (1989) 213 Cal. App. 3d 1045, 1048. The Court does not determine at this time whether the facts alleged would be sufficient to state a claim for punitive damages.

Moving party is ordered to give notice.

Case Number: BC702087    Hearing Date: November 14, 2019    Dept: 2

Crump v. 24 Hour Fitness USA, Inc.

The Court does not have a tentative ruling. The Court is particularly interested in hearing further argument on the following issues:

1.  Whether the release survived the cancellation Plaintiff's membership and whether there are any factual issues that bear on that question, or whether it is purely a question of law for the Court; and

2.  Whether there is a triable issue of fact as to gross negligence.