This case was last updated from Los Angeles County Superior Courts on 08/03/2020 at 19:17:55 (UTC).

JAMES SPEARS VS UNIVERSITY OF SOUTHERN CALIFORNIA ET AL

Case Summary

On 03/13/2018 JAMES SPEARS filed a Personal Injury - Other Personal Injury lawsuit against UNIVERSITY OF SOUTHERN CALIFORNIA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are CHRISTOPHER K. LUI and DANIEL M. CROWLEY. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7978

  • Filing Date:

    03/13/2018

  • 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

CHRISTOPHER K. LUI

DANIEL M. CROWLEY

 

Party Details

Plaintiff and Petitioner

SPEARS JAMES

Defendants, Respondents, Cross Plaintiffs and Cross Defendants

UNIVERSITY OF SOUTHERN CALIFORNIA

COLISEUM GLADIATOR MMA CHAMPIONSHIP

LOS ANGELES MEMORIAL COLISEUM COMMISSION

LOS ANGELES CITY OF

LOS ANGELES COUNTY OF

CALIFORNIA STATE OF

DOES 1-50

CHAMPIONSHIP COLISEUM GLADIATOR MMA

ROY ENGLEBRECHT PROMOTIONS

RK DIVERSIFIED ENTERTAINMENT INC.

THE ENGLEBRECHT COMPANY INC. DBA ROY ENGLEBRECHT PROMOTIONS

Other

LARIAN LAW FIRM

10 More Parties Available

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

ALDER C. MICHAEL ESQ.

Defendant, Respondent and Cross Defendant Attorneys

GOBEL SEVAN ESQ.

BAIRAMIAN LARA

NWOKO CHIKA ANNA-JENNINE

ARTINGER KELSEY G.

ARTINGER KELSEY

PROUTY TANYA LISETTE

Defendant and Respondent Attorneys

GOBEL SEVAN ESQ.

BAIRAMIAN LARA

Defendant, Cross Plaintiff and Cross Defendant Attorneys

ARTINGER KELSEY

PROUTY TANYA LISETTE

DENNIS EDDIE BANKUTI

Defendant and Cross Defendant Attorneys

NWOKO CHIKA ANNA-JENNINE

ARTINGER KELSEY G.

PROUTY TANYA LISETTE

DENNIS EDDIE BANKUTI

PROUTY TANYA L.

 

Court Documents

Request for Dismissal

5/27/2020: Request for Dismissal

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: NOTICE OF SETTLEMENT OF ENTIRE CASE (CONDITIO...) OF 06/04/2020

6/4/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: NOTICE OF SETTLEMENT OF ENTIRE CASE (CONDITIO...) OF 06/04/2020

Motion for Leave to File a Cross-Complaint

5/7/2020: Motion for Leave to File a Cross-Complaint

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 05/08/2020

5/8/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 05/08/2020

Minute Order - MINUTE ORDER (COURT ORDER)

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

Motion for Judgment on the Pleadings

4/15/2020: Motion for Judgment on the Pleadings

Answer

4/17/2020: Answer

Ex Parte Application - EX PARTE APPLICATION DEFENDANT ROY ENGLEBRECHT PROMOTIONS' EX PARTE APPLICATION FOR AN ORDER GRANTING LEAVE TO FILE CROSS-COMPLAINT

11/15/2019: Ex Parte Application - EX PARTE APPLICATION DEFENDANT ROY ENGLEBRECHT PROMOTIONS' EX PARTE APPLICATION FOR AN ORDER GRANTING LEAVE TO FILE CROSS-COMPLAINT

Minute Order - MINUTE ORDER (DEFENDANT ROY ENGLEBRECHT PROMOTIONS' MOTION TO CONTINUE TRIA...)

1/21/2020: Minute Order - MINUTE ORDER (DEFENDANT ROY ENGLEBRECHT PROMOTIONS' MOTION TO CONTINUE TRIA...)

Notice of Ruling

1/24/2020: Notice of Ruling

Notice of Related Case

2/5/2020: Notice of Related Case

Reply - REPLY REPLY IN SUPPORT OF ITS MOTION TO CONTINUE THE TRIAL DATE AND ALL DISCOVERY AND MOTION CUTOFF DATES

4/11/2019: Reply - REPLY REPLY IN SUPPORT OF ITS MOTION TO CONTINUE THE TRIAL DATE AND ALL DISCOVERY AND MOTION CUTOFF DATES

Opposition - OPPOSITION PLAINTIFF'S OPPOSITION TO DEFENDANT ROY ENGLEBRECHT PROMOTIONS' NOTICE OF MOTION AND MOTION TO CONTINUE THE TRIAL DATE AND ALL DISCOVERY AND MOTION CUTOFF DATES; MEMORANDUM OF

4/5/2019: Opposition - OPPOSITION PLAINTIFF'S OPPOSITION TO DEFENDANT ROY ENGLEBRECHT PROMOTIONS' NOTICE OF MOTION AND MOTION TO CONTINUE THE TRIAL DATE AND ALL DISCOVERY AND MOTION CUTOFF DATES; MEMORANDUM OF

Motion to Continue Trial Date

3/25/2019: Motion to Continue Trial Date

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR ORDER TO CONTINUING TRIAL)

3/21/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR ORDER TO CONTINUING TRIAL)

ANSWER OF THE DEFENDANT CITY OF LOS ANGELES TO PLAINTTFF'S COMPLAINT

5/18/2018: ANSWER OF THE DEFENDANT CITY OF LOS ANGELES TO PLAINTTFF'S COMPLAINT

PROOF OF SERVICE SUMMONS -

3/29/2018: PROOF OF SERVICE SUMMONS -

PROOF OF SERVICE SUMMONS -

4/3/2018: PROOF OF SERVICE SUMMONS -

56 More Documents Available

 

Docket Entries

  • 03/15/2021
  • Hearing03/15/2021 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 11/06/2020
  • Hearing11/06/2020 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 06/16/2020
  • DocketNotice of Ruling; Filed by James Spears (Plaintiff)

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  • 06/04/2020
  • Docketat 2:28 PM in Department 28, Daniel M. Crowley, Presiding; Court Order

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  • 06/04/2020
  • DocketMinute Order ( (Court Order Re: Notice of Settlement of Entire Case (Conditio...)); Filed by Clerk

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  • 06/04/2020
  • DocketCertificate of Mailing for ((Court Order Re: Notice of Settlement of Entire Case (Conditio...) of 06/04/2020); Filed by Clerk

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  • 06/02/2020
  • DocketNotice of Settlement; Filed by James Spears (Plaintiff)

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  • 05/27/2020
  • DocketRequest for Dismissal; Filed by James Spears (Plaintiff)

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  • 05/22/2020
  • DocketNotice (Notice of Scheduled Informal Discovery Conference); Filed by The Englebrecht Company, Inc. dba Roy Englebrecht Promotions Erroneously Sued As Roy Englebrecht Promotions (Defendant)

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  • 05/08/2020
  • Docketat 08:34 AM in Department 28, Daniel M. Crowley, Presiding; Court Order

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76 More Docket Entries
  • 03/29/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 03/29/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 03/29/2018
  • DocketProof of Service (not Summons and Complaint); Filed by James Spears (Plaintiff)

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  • 03/29/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 03/29/2018
  • DocketProof of Service (not Summons and Complaint); Filed by James Spears (Plaintiff)

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  • 03/29/2018
  • DocketProof of Service (not Summons and Complaint); Filed by James Spears (Plaintiff)

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  • 03/29/2018
  • DocketProof of Service (not Summons and Complaint); Filed by James Spears (Plaintiff)

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  • 03/13/2018
  • DocketCOMPLAINT FOR DAMAGES FOR: 1 PREMISES LIABILITY; ETC

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  • 03/13/2018
  • DocketSUMMONS

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  • 03/13/2018
  • DocketComplaint; Filed by James Spears (Plaintiff)

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Tentative Rulings

Case Number: BC697978    Hearing Date: January 21, 2020    Dept: 28

Motion to Continue Trial and Related Dates

Having considered the moving and non-opposing papers, the Court rules as follows.

BACKGROUND

On March 13, 2018, Plaintiff James Spears (“Plaintiff”) filed a complaint against Defendants University of Southern California, Coliseum Gladiator MMA Championship Series, City of Los Angeles, Los Angeles Memorial Coliseum Commission, County of Los Angeles and the State of California.  The complaint alleges premises liability, negligence, and a dangerous condition of public property for a trip-and-fall that occurred on August 5, 2017.

On December 5, 2018, Plaintiff filed an amendment to his complaint renaming Doe 1 as Defendant Roy Englebrecht Promotions.

On November 19, 2019, Defendant Roy Englebrecht Promotions filed a motion to continue trial and related dates pursuant to California Rules of Court, rule 3.1332 and California Code of Civil Procedure section 2024.050.

Also on November 19, 2019, Plaintiff filed an amendment to his complaint renaming Doe 2 as Defendant RK Diversified Entertainment, Inc.

Trial is set for April 20, 2020.

PARTIES REQUESTS

Defendant Roy Englebrecht Promotions (“Moving Defendant”) asks the Court to continue trial and the related dates to October 19, 2020 because Moving Defendant needs to obtain additional discovery.

LEGAL STANDARD

Pursuant to California Rules of Court, rule 3.1332, subdivision (a), “[t]o ensure the prompt disposition of civil cases, the dates assigned for a trial are firm.  All parties and their counsel must regard the date set for trial as certain.”  Under California Rules of Court, rule 3.1332, subdivision (b), “[a] party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations.  The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.”

California Rules of Court, rule 3.1332, subdivision (c) states that “[a]lthough continuances of trials are disfavored, each request for a continuance must be considered on its own merits.  The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.”  California Rules of Court, rule 3.1332, subdivision (d) sets forth factors that are relevant in determining whether to grant a continuance.

California Code of Civil Procedure section 2024.050 allows a court to grant leave to complete discovery proceedings.  In doing so, a court shall consider matters relevant to the leave requested, including, but not limited to: (1) the necessity of the discovery, (2) the diligence in seeking the discovery or discovery motion, (3) the likelihood of interference with the trial calendar or prejudice to a party, and (4) the length of time that has elapsed between previous trial dates.  (Code Civ. Proc. § 2024.050.)

DISCUSSION

Moving Defendant argues there is good cause to continue trial because it has discovered the identity of a party that is potentially liable for Plaintiff’s injuries, needs time to consolidate this action with another action, and conduct further discovery.  (Dennis Decl., ¶¶ 12-13.)  This party, Defendant RK Diversified Entertainment, Inc., was named as a defendant the same day Moving Defendant find this motion.  The Court finds there is good cause to grant the motion.  The motion is unopposed.

CONCLUSION

The motion is GRANTED.

The Court orders trial shall be continued to October 19, 2020 at 8:30 a.m.  The Court also orders the final status conference date shall be continued to October 5, 2020 at 10:00 a.m.  Both hearings are to be held in Department 28 of the Spring Street Courthouse, 312 North Spring Street, Los Angeles, CA 90012.  All discovery cut-off dates are to remain in relation to the October 19, 2020 trial date.

Moving Defendant is ordered to give notice of this ruling.