This case was last updated from Los Angeles County Superior Courts on 10/09/2020 at 09:20:44 (UTC).

HARLAN POWERS ET AL VS BEVERLY HILLS MARRIOTT HOTEL ET AL

Case Summary

On 05/18/2018 HARLAN POWERS filed a Personal Injury - Other Personal Injury lawsuit against BEVERLY HILLS MARRIOTT HOTEL. 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, SAMANTHA JESSNER and STEPHEN I. GOORVITCH. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6983

  • Filing Date:

    05/18/2018

  • 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

ELAINE LU

SAMANTHA JESSNER

STEPHEN I. GOORVITCH

 

Party Details

Plaintiffs and Petitioners

HARLAN POWERS

POWERS SONIE

POWERS HARLAN

Defendants, Respondents, Cross Plaintiffs and Not Classified By Court

MARIOTT INTERNATIONAL INC

BEVERLY HILLS MARRIOTT HOTEL

DOES 1 TO 100

ASHFORD TRS POOL A LLC DBA BEVERLY HILLS

REMINGTON LODGING & HOSPITALITY LLC

MIF LLC

Plaintiff and Cross Defendant

POWERS HARLAN

Attorney/Law Firm Details

Plaintiff, Petitioner and Cross Defendant Attorneys

STANLEY MARTIN L. ESQ.

Attorney at Law Offices of Martin Stanley

137 Bay Street Unit #2

Santa Monica,, CA 90405

STANLEY MARTIN LOUIS ESQ.

Defendant and Respondent Attorneys

YOKA & SMITH LLP

Attorney at Christopher E. Paenza, Esq.

445 South Figueroa Street, 38Th Floor

Los Angeles,, CA 90071

LOFTON LAUREN A.

Cross Plaintiff Attorney

LOFTON LAUREN A.R.

 

Court Documents

Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

9/15/2020: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

Notice of Change of Address or Other Contact Information

8/11/2020: Notice of Change of Address or Other Contact Information

Notice of Ruling

4/28/2020: Notice of Ruling

Minute Order - MINUTE ORDER (COURT ORDER)

4/23/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Stipulation and Order - STIPULATION AND ORDER TO CONTINUE TRIAL

12/30/2019: Stipulation and Order - STIPULATION AND ORDER TO CONTINUE TRIAL

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL STA...)

10/8/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL STA...)

Notice of Lodging - NOTICE OF LODGING CONFIDENTIAL EXHIBITS ISO MSJ

8/1/2019: Notice of Lodging - NOTICE OF LODGING CONFIDENTIAL EXHIBITS ISO MSJ

Answer

2/13/2019: Answer

Cross-Complaint

1/11/2019: Cross-Complaint

Notice of Ruling

1/18/2019: Notice of Ruling

Minute Order - Minute Order (Hearing on Motion to Compel responses to form interrogatories...)

1/10/2019: Minute Order - Minute Order (Hearing on Motion to Compel responses to form interrogatories...)

Minute Order - Minute Order (Court Order)

1/14/2019: Minute Order - Minute Order (Court Order)

DEFENDANTS ASHFORD TRS POOL A LLC AND MARRIOTT INTERNATIONAL INC.S NOTICE OF POSTING JURY FEES

8/6/2018: DEFENDANTS ASHFORD TRS POOL A LLC AND MARRIOTT INTERNATIONAL INC.S NOTICE OF POSTING JURY FEES

CIVIL DEPOSIT -

8/6/2018: CIVIL DEPOSIT -

DEFENDANTS ASHFORD TRS POOL LLC AND MARRIOTT INTERNATIONAL INC.S ANSWER TO PLAINTIFFS COMPLAINT;DEMAND FOR JURY TRIAL

7/6/2018: DEFENDANTS ASHFORD TRS POOL LLC AND MARRIOTT INTERNATIONAL INC.S ANSWER TO PLAINTIFFS COMPLAINT;DEMAND FOR JURY TRIAL

PROOF OF SERVICE SUMMONS -

5/23/2018: PROOF OF SERVICE SUMMONS -

SUMMONS -

5/18/2018: SUMMONS -

43 More Documents Available

 

Docket Entries

  • 11/02/2021
  • Hearing11/02/2021 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 10/20/2021
  • Hearing10/20/2021 at 10:00 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 09/18/2020
  • DocketProof of Service - Order Granting Attorney's Motion to be Relieved as Counsel; Filed by Harlan Powers (Plaintiff)

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  • 09/15/2020
  • DocketOrder Granting Attorney's Motion to Be Relieved as Counsel-Civil; Filed by Martin Louis Stanley, Esq. (Attorney)

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  • 08/24/2020
  • Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; Hearing on Motion to be Relieved as Counsel - Held

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  • 08/24/2020
  • Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; Trial Setting Conference - Held

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  • 08/24/2020
  • DocketMinute Order ( (Trial Setting Conference; Hearing on Motion to be Relieved as...)); Filed by Clerk

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  • 08/11/2020
  • DocketNotice of Change of Address or Other Contact Information; Filed by Martin Louis Stanley, Esq. (Attorney)

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  • 06/08/2020
  • Docketat 1:30 PM in Department 32, Stephen I. Goorvitch, Presiding; Trial Setting Conference - Not Held - Continued - Court's Motion

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  • 06/08/2020
  • Docketat 1:30 PM in Department 32, Stephen I. Goorvitch, Presiding; Hearing on Motion to be Relieved as Counsel - Not Held - Continued - Court's Motion

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72 More Docket Entries
  • 07/06/2018
  • DocketDEFENDANTS ASHFORD TRS POOL LLC AND MARRIOTT INTERNATIONAL INC.S ANSWER TO PLAINTIFFS COMPLAINT;DEMAND FOR JURY TRIAL

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  • 07/06/2018
  • DocketAnswer; Filed by ASHFORD TRS POOL A LLC dba BEVERLY HILLS (Legacy Party); Mariott International, INc - SUMMARY JUDGMENT (Defendant)

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  • 07/06/2018
  • DocketAnswer; Filed by Beverly Hills Marriott Hotel (Defendant); Mariott International, INc - SUMMARY JUDGMENT (Defendant)

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  • 05/31/2018
  • DocketProof-Service/Summons; Filed by Harlan Powers (Plaintiff)

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  • 05/31/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 05/23/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 05/23/2018
  • DocketProof-Service/Summons; Filed by Harlan Powers (Plaintiff)

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  • 05/18/2018
  • DocketComplaint; Filed by Harlan Powers (Plaintiff); Sonie Powers (Plaintiff)

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  • 05/18/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 05/18/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC706983    Hearing Date: August 24, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

HARLAN POWERS, et al.,

Plaintiff,

v.

BEVERLY HILLS MARRIOTT HOTEL, et al.,

Defendants.

Case No.: BC706983

Hearing Date: August 24, 2020

[Tentative] order RE:

MOTION TO BE RELIEVED AS COUNSEL

Attorney Martin L. Stanley (“Counsel”) moves to be relieved as counsel for Plaintiff Harlan Powers (“Plaintiff”). Counsel has filed forms MC-051 and MC-052 and has lodged with the Court a copy of the proposed order on form MC-053 as required.  (Cal Rules of Court, rule 3.1362.)  The basis for this motion is that there are irreconcilable differences between Counsel and Plaintiff.  This constitutes good cause.

CONCLUSION AND ORDER

Counsel’s motion to withdraw is granted. The Court sets the following dates:

Final Status Conference: October 20, 2021, at 10:00 a.m.

Trial: November 2, 2021, at 8:30 a.m.

The discovery and motions cut-off shall be based on the new trial date. These proceedings shall occur at:

Spring Street Courthouse

312 North Spring Street, Department #32

Los Angeles, California 90012

Counsel shall provide notice of this order, as well as the final status conference and trial dates, to all parties, including his former clients. Specifically, Counsel shall serve a copy of this order, as well as a copy of the Court’s signed order on Form MC-053. Counsel shall remain counsel-of-record until notice is provided and a proof of service is filed with this Court.

DATED: August 24, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

Case Number: BC706983    Hearing Date: March 05, 2020    Dept: 32

 

Superior Court of California

County of Los Angeles

Department 32

HARLAN POWERS, et al.,

Plaintiffs,

v.

BEVERLY HILLS MARRIOTT HOTEL, et al.,

Defendants.

Case No.: BC706983

Hearing Date: March 5, 2020

[TENTATIVE] order RE:

MOTION TO BE RELIEVED

Martin Stanley (“Counsel”) seeks to be relieved as Plaintiff’s counsel. Counsel has complied with all procedural requirements, and his declaration establishes good cause. Therefore, the Court grants the order to be relieved. On the Court’s own motion, the Court advances and vacates the final status conference and trial dates. The Court sets the following dates:

Final Status Conference: September 30, 2020, at 10:00 a.m.

Trial: October 14, 2020, at 8:30 a.m.

The discovery and motions cut-off shall be based on the current trial date. Counsel shall provide notice to all parties of record, including his client, and file proof of service with the Court. Counsel shall remain counsel-of-record until he complies with this requirement.

DATED: March 5, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

Case Number: BC706983    Hearing Date: November 18, 2019    Dept: 5

Superior Court of California

County of Los Angeles

Department 5

harlan powers, et al.,

Plaintiffs,

v.

Beverly Hills Marriott HOtel, et al.,

Defendants.

Case No.: BC706983

Hearing Date: November 18, 2019

[TENTATIVE] order RE:

motion for summary judgment, or, in the alternative, summary adjudication

BACKGROUND

Plaintiff Harlan Powers (“Plaintiff”) filed this action against Defendants Ashford TRS Pool A LLC (“Ashford”) and Marriott International, Inc. (“Marriott,” collectively, “Defendants”). Plaintiff alleges that he sat in a chair, which fell backwards, and Plaintiff hit his head on the wall behind him. Plaintiff asserts causes of action for negligence and premises liability. Plaintiff’s wife, Sonie Powers, asserts a claim for loss of consortium. Defendants move for summary judgment, or, in the alternative, summary adjudication of the causes of action in Plaintiff’s complaint. Defendants argue that they did not own, operate, supervise, or control any aspect of the day-to-day operations at the Beverly Hills Marriott, where the accident occurred. Defendants argue that Sonie Powers’ loss of consortium claims fails for the same reason, but also because she was not legally married to Plaintiff at the time of the accident. Plaintiffs do not oppose the motion, which is granted.

LEGAL STANDARD

“[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law . . . .  There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.”  (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.)  “[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a prima facie showing of the existence of a triable issue of material fact.”  (Ibid.)  In ruling on the motion, “the court may not weigh the plaintiff's evidence or inferences against the defendant[’s] as though it were sitting as the trier of fact.”  (Id. at 856.)  However, the court “must . . . determine what any evidence or inference could show or imply to a reasonable trier of fact.”  (Ibid., emphasis original.)  

DISCUSSION

The elements of a cause of action for premises liability are the same as those for negligence: duty, breach, causation, and damages.  (Castellon v. U.S. Bancorp (2013) 220 Cal.App.4th 994, 998.)  Those who own, possess, or control property generally have a duty to exercise ordinary care in managing the property to avoid exposing others to an unreasonable risk of harm.  (Annocki

Defendants proffer evidence that at the time of Plaintiff’s accident, Remington Lodging & Hospitality LLC “was solely responsible for running, managing, supervising, and controlling the methods, means, and details of all day-to-day operations of the Hotel . . .” where Plaintiff’s accident occurred. (Declaration of Michael Newbrand, ¶ 5.) Plaintiff has not opposed this motion, and there is no evidence in the record giving rise to a triable issue. Therefore, Defendants’ motion is granted with respect to Plaintiff’s claims. As Plaintiff’s cause of action against Marriott fails, so too does Sonie’s cause of action for loss of consortium against Marriott. (See Blain v. Doctor’s Co. (1990) 222 Cal.App.3d 1048, 1067.) Accordingly, Marriott’s motion for summary judgment is granted. The Court need not reach the issue whether Plaintiff and Sonie Powers were legally married at the time of the accident.

CONCLUSION AND ORDER

Defendants’ motion for summary judgment is granted. Defendants shall provide notice and file proof of such with the Court.

DATED: November 18, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court