This case was last updated from Los Angeles County Superior Courts on 09/24/2020 at 07:42:16 (UTC).

JAMES PRICKETT ET AL VS CATERPILLAR INC ET AL

Case Summary

On 02/23/2018 JAMES PRICKETT filed a Personal Injury - Other Product Liability lawsuit against CATERPILLAR INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are GEORGINA T. RIZK, KRISTIN S. ESCALANTE, MARK A. BORENSTEIN, ELAINE LU and RUTH ANN KWAN. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5500

  • Filing Date:

    02/23/2018

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Other Product Liability

  • 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

MARK A. BORENSTEIN

ELAINE LU

RUTH ANN KWAN

 

Party Details

Plaintiffs and Petitioners

PRICKETT JENNIFER

PRICKETT JAMES

Defendants and Respondents

CATERPILLAR INC.

QUINN RENTAL SERVICES

DOES 1 THROUGH 50 INCLUSIVE

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

BASSELL TORSTEN M. ESQ.

BASSELL TORSTEN MICHAEL ESQ.

BASSELL TORSTEN M.

Defendant Attorneys

WOLENSKY GARY A

KWONG PAUL C

PARKS COLTON

WOLENSKY GARY ALAN ESQ.

PARKS COLTON FRANCIS ESQ.

KWONG PAUL C ESQ.

KWONG PAUL C.

PARKS COLTON F.

 

Court Documents

Request for Dismissal

9/22/2020: Request for Dismissal

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

7/23/2020: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

Case Management Statement

7/8/2020: Case Management Statement

Unknown - NOTICE OF CONTINUANCE DUE TO COVID-19 STATE OF EMERGENCY DECLARATIONS

4/27/2020: Unknown - NOTICE OF CONTINUANCE DUE TO COVID-19 STATE OF EMERGENCY DECLARATIONS

Notice Re: Continuance of Hearing and Order

3/16/2020: Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order

3/17/2020: Notice Re: Continuance of Hearing and Order

Case Management Statement

3/5/2020: Case Management Statement

Case Management Statement

3/5/2020: Case Management Statement

Notice of Ruling

2/24/2020: Notice of Ruling

Minute Order - MINUTE ORDER (COURT ORDER RE: DEFENDANT CATERPILLAR, INC.'S NON-APPEARANCE...)

1/21/2020: Minute Order - MINUTE ORDER (COURT ORDER RE: DEFENDANT CATERPILLAR, INC.'S NON-APPEARANCE...)

Minute Order - MINUTE ORDER (HEARING ON MOTION TO CONTINUE TRIAL AND PRE-TRIAL DEADLINES, ...)

1/22/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO CONTINUE TRIAL AND PRE-TRIAL DEADLINES, ...)

Notice - NOTICE OF TRANSFER OF CASE TO DEPARTMENT 26; AND NOTICE OF RESETTING OF CATERPILLAR INC.'S MOTION TO CONTINUE TRIAL

1/24/2020: Notice - NOTICE OF TRANSFER OF CASE TO DEPARTMENT 26; AND NOTICE OF RESETTING OF CATERPILLAR INC.'S MOTION TO CONTINUE TRIAL

Order - ORDER DEFENDANT CATERPILLAR INC.S MOTION TO CONTINUE TRIAL

1/31/2020: Order - ORDER DEFENDANT CATERPILLAR INC.S MOTION TO CONTINUE TRIAL

Motion to Continue Trial Date

12/18/2019: Motion to Continue Trial Date

Notice of Posting of Jury Fees

8/26/2019: Notice of Posting of Jury Fees

Stipulation and Order - STIPULATION AND ORDER TO CONTINUE TRIAL

7/5/2019: Stipulation and Order - STIPULATION AND ORDER TO CONTINUE TRIAL

Summons -

2/23/2018: Summons -

Complaint -

2/23/2018: Complaint -

24 More Documents Available

 

Docket Entries

  • 09/22/2020
  • DocketRequest for Dismissal; Filed by James Prickett (Plaintiff); Jennifer Prickett (Plaintiff)

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  • 09/18/2020
  • Docketat 08:30 AM in Department 72, Ruth Ann Kwan, Presiding; Case Management Conference - Not Held - Advanced and Vacated

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  • 09/08/2020
  • Docketat 08:30 AM in Department 72, Ruth Ann Kwan, Presiding; Hearing on Motion to Compel Further Discovery Responses - Not Held - Taken Off Calendar by Party

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  • 09/08/2020
  • Docketat 08:30 AM in Department 72, Ruth Ann Kwan, Presiding; Hearing on Motion to Compel Further Discovery Responses - Not Held - Taken Off Calendar by Party

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  • 09/01/2020
  • Docketat 08:30 AM in Department 26, Elaine Lu, Presiding; Hearing on Motion to Compel Further Discovery Responses - Not Held - Continued - Court's Motion

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  • 09/01/2020
  • Docketat 08:30 AM in Department 26, Elaine Lu, Presiding; Hearing on Motion to Compel Further Discovery Responses - Not Held - Continued - Court's Motion

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  • 08/25/2020
  • Docketat 2:08 PM in Department 72, Ruth Ann Kwan, Presiding; Court Order

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  • 08/25/2020
  • DocketMinute Order ( (Court Order re: notice of settlement;)); Filed by Clerk

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  • 08/25/2020
  • DocketCertificate of Mailing for ((Court Order re: notice of settlement;) of 08/25/2020); Filed by Clerk

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  • 08/25/2020
  • DocketNotice of Settlement; Filed by James Prickett (Plaintiff); Jennifer Prickett (Plaintiff)

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37 More Docket Entries
  • 08/23/2019
  • Docketat 08:30 AM in Department 2, Mark A. Borenstein, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 08/09/2019
  • Docketat 10:00 AM in Department 2, Mark A. Borenstein, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 07/05/2019
  • DocketStipulation and Order (to Continue Trial); Filed by Caterpillar, Inc. (Defendant)

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  • 06/28/2019
  • DocketNotice of Posting of Jury Fees; Filed by Quinn Rental Services (Defendant)

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  • 06/28/2019
  • DocketAnswer; Filed by Quinn Rental Services (Defendant)

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  • 05/02/2019
  • DocketAnswer; Filed by Caterpillar, Inc. (Defendant)

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  • 02/23/2018
  • DocketComplaint

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  • 02/23/2018
  • DocketSummons; Filed by James Prickett (Plaintiff)

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  • 02/23/2018
  • DocketComplaint; Filed by James Prickett (Plaintiff); Jennifer Prickett (Plaintiff)

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  • 02/23/2018
  • DocketCivil Case Cover Sheet /Cover Sheet Addendum

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Tentative Rulings

Case Number: BC695500    Hearing Date: January 31, 2020    Dept: 26

 

Superior Court of California

County of Los Angeles

Department 26

James prickeTt; and JENNIFER PRICKETT,

Plaintiffs,

v.

CAterpillar, inc.; quinn rental services; and, DOES 1 through 50,

Defendants.

Case No.: BC695500

Hearing Date: January 31, 2020

[TENTATIVE] order RE:

Defendant caterpillar inc.’s MOTION TO CONTINUE TRIAL

Defendant Caterpillar Inc. (“Defendant”) seeks to continue the final status conference, trial, and all trial-related dates in this action. The Final Status Conference is currently set for February 7, 2020, and trial is set for February 21, 2020.

Defendant seeks to continue these matters to allow time for Plaintiff to provide verified discovery responses to Defendant’s form interrogatories. Defendant asserts that Plaintiff has not provided proper responses nor verifications for responses to Defendant’s discovery. Defendant has reserved the earliest informal discovery conference to deal with this issue, but the earliest available time is one month after trial is set to begin.[1] (Parks Decl. ¶ 9.) Further, despite diligent efforts, Defendant has only recently identified the subject product at issue for the instant product liability claim. (Id. ¶ 10.) Finally, Defendant states that a trial continuance will allow Defendant to bring a summary judgment motion.

Plaintiff has not filed any opposition to this motion to continue the trial and all related dates.

CONCLUSION AND ORDER

Defendant’s motion to continue the trial date is granted. The Final Status Conference is continued to October 25, 2020 at 9:00 a.m. The Trial is continued to November 9, 2020 at 9:30 am. All discovery and motion cut off dates will follow the new trial date. This shall be the final continuance of the trial date. All parties are ordered to confirm within one week of notice of this order their witnesses’ and trial counsel’s availability on the new trial date and to advise their witnesses and trial counsel to keep their calendars clear for the entire duration of trial, starting on the new trial date. If after contacting all witnesses and trial counsel, any party learns that a witness or trial counsel is unavailable for the duration of trial beginning on the new trial date, that party must bring an ex parte application within one week of today to continue or advance the trial to a new date on which all witnesses and trial counsel will be available for the duration of trial.

Defendants are ordered to provide notice of this order and file proof of service of such.

DATED: January 31, 2020 ___________________________

Elaine Lu

Judge of the Superior Court


[1] The Court notes that if the discovery responses at issue have not been verified, then there is no meet and confer requirement, and the moving party may bring a motion to compel, as opposed to a motion to compel further. (See CPP § 2030.290(b); see also Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390.)

Case Number: BC695500    Hearing Date: January 22, 2020    Dept: 29

AFTER REVIEW OF THE COURT FILE, THE COURT MAKES THE FOLLOWING ORDER:

Department 29 of the Personal Injury Court has determined that the above-entitled action is complicated based upon the number of pretrial hearings and/or the complexity of the issues presented.

AT THE DIRECTION OF DEPARTMENT 1:

This case is hereby transferred and reassigned to the following Independent Calendar Court in the CENTRAL DISTRICT, LOS ANGELES,  JUDGE E. LU presiding in Department 26 for all purposes except trial.  Department 1 hereby delegates to the Independent Calendar Court the authority to assign the cause for trial to that Independent Calendar Court.  

The Order is signed and filed this date, and incorporated herein by reference.  Any pending motions or hearings, including trial and status conferences, will be reset, continued or vacated at the direction of the newly assigned Independent Calendar court.

Upon receipt of this notice, counsel for Plaintiff shall give notice to all parties of record.