This case was last updated from Los Angeles County Superior Courts on 08/13/2020 at 03:16:30 (UTC).

IFUNANYACHUKWU C AKAMETALU VS LOS ANGELES COUNTY MTA

Case Summary

On 06/11/2018 IFUNANYACHUKWU C AKAMETALU filed a Personal Injury - Motor Vehicle lawsuit against LOS ANGELES COUNTY MTA. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9526

  • Filing Date:

    06/11/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

KRISTIN S. ESCALANTE

MARK A. BORENSTEIN

 

Party Details

Plaintiff and Petitioner

AKAMETALU IFUNANYACHUKWU C.

Defendants and Respondents

DOES 1-25

LOS ANGELES COUNTY MTA

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

SAMUEL OGBOGU INC.

OGBOGU SAMUEL OBI

OGBOGU SAMUEL OBI ESQ.

Defendant Attorney

THOMAS ALLEN

 

Court Documents

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER VACATING THE 05/06/2020 FINAL STATUS CONFERENCE A...) OF 04/01/2020

4/1/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER VACATING THE 05/06/2020 FINAL STATUS CONFERENCE A...) OF 04/01/2020

Minute Order - MINUTE ORDER (COURT ORDER VACATING THE 05/06/2020 FINAL STATUS CONFERENCE A...)

4/1/2020: Minute Order - MINUTE ORDER (COURT ORDER VACATING THE 05/06/2020 FINAL STATUS CONFERENCE A...)

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

3/3/2020: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

Notice - NOTICE NOTICE OF FSC AND TRIAL DATES

1/21/2020: Notice - NOTICE NOTICE OF FSC AND TRIAL DATES

Notice of Ruling

11/5/2019: Notice of Ruling

Minute Order - MINUTE ORDER (1- HEARING ON MOTION TO COMPEL PLAINTIFF TO RESPOND TO A DEMA...)

10/31/2019: Minute Order - MINUTE ORDER (1- HEARING ON MOTION TO COMPEL PLAINTIFF TO RESPOND TO A DEMA...)

Opposition - OPPOSITION OPPOSITION TO MOTION TO COMPEL DISCOVERY RESPONSES AND SANCTIONS

10/21/2019: Opposition - OPPOSITION OPPOSITION TO MOTION TO COMPEL DISCOVERY RESPONSES AND SANCTIONS

Declaration - DECLARATION IN OPPOSITION TO MOTION TO COMPEL DISCOVERY RESPONSES AND SANCTIONS

10/21/2019: Declaration - DECLARATION IN OPPOSITION TO MOTION TO COMPEL DISCOVERY RESPONSES AND SANCTIONS

Declaration - DECLARATION AMENDED DECLARATION OF SAM IN OPPOSITION TO MOTION TO COMPEL AND SANCTION.

10/21/2019: Declaration - DECLARATION AMENDED DECLARATION OF SAM IN OPPOSITION TO MOTION TO COMPEL AND SANCTION.

Reply - REPLY REPLY TO PLAINTIFFS OPPOSITION TO RESPOND TO DTP

10/24/2019: Reply - REPLY REPLY TO PLAINTIFFS OPPOSITION TO RESPOND TO DTP

Reply - REPLY REPLYTOPLAINTIFFSOPPOSITION TO RESPOND TO FI

10/24/2019: Reply - REPLY REPLYTOPLAINTIFFSOPPOSITION TO RESPOND TO FI

Reply - REPLY REPLY TO PLAINTIFFS OPPOSITION TO APPEAR FOR DEPO

10/24/2019: Reply - REPLY REPLY TO PLAINTIFFS OPPOSITION TO APPEAR FOR DEPO

Motion to Compel - MOTION TO COMPEL MOTION TO COMPEL FORM INTERROGS

9/17/2019: Motion to Compel - MOTION TO COMPEL MOTION TO COMPEL FORM INTERROGS

Motion to Compel - MOTION TO COMPEL MOTION TO COMPEL DEPOSITION

9/17/2019: Motion to Compel - MOTION TO COMPEL MOTION TO COMPEL DEPOSITION

Proof of Personal Service

4/19/2019: Proof of Personal Service

Answer

5/20/2019: Answer

SUMMONS -

6/11/2018: SUMMONS -

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

6/11/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

9 More Documents Available

 

Docket Entries

  • 11/23/2020
  • Hearing11/23/2020 at 08:30 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 08/11/2020
  • Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Trial Setting Conference - Held

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  • 08/11/2020
  • DocketMinute Order ( (Trial Setting Conference)); Filed by Clerk

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  • 06/18/2020
  • Docketat 1:30 PM in Department 29, Kristin S. Escalante, Presiding; Hearing on Motion to Compel (Independent Medical Examination)

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  • 05/15/2020
  • Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 05/06/2020
  • Docketat 10:00 AM in Department 29, Kristin S. Escalante, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 04/30/2020
  • Docketat 1:30 PM in Department 29, Kristin S. Escalante, Presiding; Hearing on Motion to Compel (Motion to Compel plaintiff to appear for Defense Medical Exam)

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  • 04/01/2020
  • Docketat 2:01 PM in Department 29, Kristin S. Escalante, Presiding; Court Order

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  • 04/01/2020
  • DocketMinute Order ( (Court Order Vacating the 05/06/2020 Final Status Conference a...)); Filed by Clerk

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  • 04/01/2020
  • DocketCertificate of Mailing for ((Court Order Vacating the 05/06/2020 Final Status Conference a...) of 04/01/2020); Filed by Clerk

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18 More Docket Entries
  • 10/21/2019
  • DocketDECLARATION OF SAMUEL OGBOGU IN RESPONSE TO DEFENDANT, LOS ANGELES COUNTY MTA'S MOTION TO COMPEL RESPONSES TO DISCOVERY AND FOR SANCTIONS; Filed by Ifunanyachukwu C. Akametalu (Plaintiff)

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  • 10/21/2019
  • DocketDECLARATION OF SAMUEL OGBOGU IN RESPONSE TO DEFENDANT, LOS ANGELES COUNTY MTA'S MOTION TO COMPEL RESPONSES TO DISCOVERY AND FOR SANCTIONS; Filed by Ifunanyachukwu C. Akametalu (Plaintiff)

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  • 09/17/2019
  • DocketNotice of Motion and Motion of Defendant, Los Angeles County Metropolitan Transportation Authority, to Compel Plaintiff, to Appear for her Deposition and Defendant's Request for Monetary Sanctions Against Plaintiff and her Attorney of Record for $3115.00; Filed by Los Angeles County MTA (Defendant)

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  • 09/17/2019
  • DocketNotice of Motion and Motion of Defendant, Los Angeles County Metropolitan Transportation Authority, to Compel Plaintiff, to Respond to Form Interrogatories, Set One, and Request for Monetary Sanctions Against Plaintiff and her Attorney of Record; Filed by Los Angeles County MTA (Defendant)

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  • 09/16/2019
  • DocketNotice of Motion and Motion of Defendant, Los Angeles County Metropolitan Transportation Authority, to Compel Plaintiff, to Respond to a Demand to Produce Certain Documents and Items, Set One, and Defendant's Request for Monetary Sanctions Against; Filed by Los Angeles County MTA (Defendant)

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  • 05/20/2019
  • DocketAnswer; Filed by Los Angeles County MTA (Defendant)

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  • 04/19/2019
  • DocketProof of Personal Service; Filed by Ifunanyachukwu C. Akametalu (Plaintiff)

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  • 06/11/2018
  • DocketSUMMONS

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  • 06/11/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 06/11/2018
  • DocketComplaint; Filed by Ifunanyachukwu C. Akametalu (Plaintiff)

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Tentative Rulings

Case Number: BC709526    Hearing Date: October 31, 2019    Dept: 2

Akamtalu v. Los Angeles County Metropolitan Transportation Authority

Defendant’s Two Motions to Compel Plaintiff to Respond to Form Interrogatories, Set One, and Demand to Produce Certain Documents and Items, Set One; Request for Sanctions, filed on 09/17/2019, are GRANTED.

Defendant’s Reply brief does not dispute that Plaintiff has since served verified responses. Accordingly, an order compelling Plaintiff to respond to discovery is no longer necessary. However, the Court imposes sanctions against Plaintiff and counsel for the failure to timely respond to authorized methods of discovery, which is discovery abuse. Cal. Code Civil Procedure § 2023.010(a)(4). The amount of sanctions is set forth below.

Defendant’s Motion to Compel Plaintiff to Appear for her Deposition; Request for Sanctions, is GRANTED. Plaintiff is ordered to appear for deposition at a date and place duly noticed by Defendant within 75 miles of Plaintiff’s residence. Cal. Code Civil Procedure § 2025.250.

On July 11, 2019, Defendant’s attorneys served a deposition notice to take Plaintiff’s deposition on August 20, 2019. No written objections were served to the deposition notice. On August 19, 2019, Plaintiff’s counsel conducted the MTA attorney stating that he could not appear for the deposition and that Plaintiff would not appear. On August 20, 2019, Defendant’s counsel sent a letter requesting new dates, but Plaintiff’s counsel failed to respond. On September 17, 2019, this motion was filed.

After the motion was filed, Plaintiff’s counsel informed Defendant’s counsel that Plaintiff had moved to San Jose and would be available on various dates in San Jose. Plaintiff’s counsel also agreed to make Plaintiff available on Thanksgiving and the day after Thanksgiving, a Court holiday, which is unreasonable.

A party can move to compel a party’s deposition where the deponent fails to proceed with the examination or to produce for inspection any document described in the deposition notice.  Cal. Code Civil Procedure § 2025.450. The deposition was duly noticed. The deposition was noticed for Los Angeles, but there was no objection to the location of the deposition and there has been no showing that Plaintiff did not live in Los Angeles at the time the deposition was noticed. Plaintiff does not argue that the notice was improper. Defendant attempted to meet and confer regarding dates, but Plaintiff’s counsel did not respond prior to the filing of the motion.

Thus, Defendant is entitled to an order compelling Plaintiff to appear for her deposition. Now that the Plaintiff lives in San Jose, the Court compels her to appear for a deposition at a location of Defendant’s choosing within 75 miles from Plaintiff’s current residence. The parties are ordered to meet and confer regarding the date for the deposition, but in the event agreement cannot be reached, the Plaintiff is ordered to appear for the deposition at a date of Defendant’s choosing within the next 30 days.

Defendant is entitled to an award of sanctions against Plaintiff and counsel for the failure to appear for deposition without substantial justification. Cal. Code Civil Procedure § 2025.450(g)(1).

Accordingly, the Court awards total sanctions of $1,500 for all three motions against Plaintiff Ifunanyachukwu Akametalu and counsel Samuel Ogbogu.

The Moving Party is ordered to give notice.