On 06/04/2018 a Personal Injury - Motor Vehicle case was filed by JERRY KULHAVY against LONG BEACH PUBLIC TRANSPORTATION COMPANY ET in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
LAURA A. SEIGLE
JANE DOE BUS DRIVER
DOES 1 TO 100
LONG BEACH PUBLIC TRANSPORTATION COMPANY
DRIVER JANE DOE BUS
NGUYEN MINH T. ESQ.
NGUYEN MINH TRI ESQ.
CORWIN SCOTT JONATHAN
SWINDELLS PAMELA ANN ESQ.
11/19/2019: Association of Attorney
11/12/2019: Notice of Ruling
10/30/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO CONTINUE TRIAL)
10/17/2019: Opposition - OPPOSITION PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO CONTINUE TRIAL AND RELATED DATES
9/27/2019: Opposition - OPPOSITION TO DEFENDANT'S EX PARTE TO CONTINUE TRIAL
9/30/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION OF DEFENDANT LONG BEACH PUBLI...)
10/4/2019: Motion to Continue Trial Date
8/31/2018: JUDGMENT OF DISMISSAL WTTH PREJUDICE
2/5/2019: Opposition - Opposition DEFENDANT LONG BEACH PUBLIC TRANSPORTATION COMPANY'S OPPOSITION TO PLAINTIFF'S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL DEFENDANT'S FURTHER RESPONSES TO REQUEST FOR PR
2/8/2019: Informal Discovery Conference Form for Personal Injury Courts
2/8/2019: Minute Order - Minute Order (Informal Discovery Conference (IDC))
3/27/2019: Opposition - OPPOSITION TO DEFENDANT'S MOTION FOR RELIEF OF WAIVER OF DISCOVERY OBJECTIONS
8/9/2018: DEFENDANT LONG BEACH PUBLIC TRANSPORTATION COMPANY'S DEMAND FOR JURY TRIAL
8/9/2018: DEFENDANT LONG BEACH PUBLIC TRANSPORTATION COMPANY'S ANSWER TO PLAINTIFF'S COMPLAINT
8/9/2018: CIVIL DEPOSIT -
6/4/2018: CIVIL DEPOSIT -
6/4/2018: PLAINTIFF'S DEMAND FOR JURY TRIAL AND NOTICE OF POS1ING OF JURY FEES
6/4/2018: SUMMONS -
Hearing06/04/2021 at 08:30 AM in Department 4B at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: DismissalRead MoreRead Less
Hearing06/04/2020 at 08:30 AM in Department 4B at 312 North Spring Street, Los Angeles, CA 90012; Jury TrialRead MoreRead Less
Hearing05/21/2020 at 10:00 AM in Department 4B at 312 North Spring Street, Los Angeles, CA 90012; Final Status ConferenceRead MoreRead Less
DocketAssociation of Attorney; Filed by Jerry Kulhavy (Plaintiff)Read MoreRead Less
Docketat 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Continued - Party's MotionRead MoreRead Less
DocketNotice of Ruling; Filed by Long Beach Public Transportation Company (Defendant)Read MoreRead Less
Docketat 1:30 PM in Department 4B, Laura A. Seigle, Presiding; Hearing on Motion to Continue Trial - Not Held - Taken Off Calendar by PartyRead MoreRead Less
Docketat 1:30 PM in Department 4B, Laura A. Seigle, Presiding; Hearing on Motion to Continue Trial - Held - Motion GrantedRead MoreRead Less
DocketMinute Order ( (Hearing on Motion to Continue Trial)); Filed by ClerkRead MoreRead Less
DocketReply (TO PLAINTIFF?S OPPOSITION TO MOTION TO CONTINUE TRIAL AND RELATED DATES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF SARA HAKAMI); Filed by Long Beach Public Transportation Company (Defendant)Read MoreRead Less
DocketAnswer; Filed by Long Beach Public Transportation Company (Defendant)Read MoreRead Less
DocketDemand for Jury Trial; Filed by Long Beach Public Transportation Company (Defendant)Read MoreRead Less
DocketDEFENDANT LONG BEACH PUBLIC TRANSPORTATION COMPANY'S DEMAND FOR JURY TRIALRead MoreRead Less
DocketProof-Service/Summons; Filed by Jerry Kulhavy (Plaintiff)Read MoreRead Less
DocketPROOF OF SERVICE SUMMONS AND COMPLAINTRead MoreRead Less
DocketComplaint; Filed by Jerry Kulhavy (Plaintiff)Read MoreRead Less
DocketSUMMONSRead MoreRead Less
DocketPLAINTIFF'S DEMAND FOR JURY TRIAL AND NOTICE OF POS1ING OF JURY FEESRead MoreRead Less
DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)Read MoreRead Less
DocketCIVIL DEPOSITRead MoreRead Less
Case Number: BC708833 Hearing Date: October 30, 2019 Dept: 4B
[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO CONTINUE TRIAL
On June 4, 2018, plaintiff Jerry Kulhavy (“Plaintiff”) filed this action against defendant Long Beach Public Transportation Company (“Defendant”) for injuries sustained while Plaintiff was a passenger on Defendant’s bus. Defendant moves for an order continuing trial from December 4, 2019 to June 4, 2020 to have more time to subpoena medical records and complete discovery.
Defendant first issued a subpoena to St. Mary’s Medical Center for medical records on October 23, 2018. On November 2, St. Mary’s stated it would not comply with the deposition subpoena without patient authorization. Defense counsel then attempted to meet and confer with Plaintiff’s counsel to obtain authorization. On May 24, 2019, Plaintiff’s counsel did not provide an authorization but indicated that Defendant would have to move to compel compliance. On June 6, 2019, defense counsel sent another meet and confer letter in which it offered to limit the medical records sought. Plaintiff produced limited records to Defendant, but Defendant contends it is entitled to more. Given the length of time that it took to meet and confer regarding these records, Defendant had to re-issue its subpoena and did so on September 24, 2019, which seeks compliance from St. Mary’s by October 24, 2019.
Defendant anticipates that St. Mary’s will refuse to comply with the subpoena and has reserved a hearing date of November 26, 2019. However, this hearing date is past the hearing date cut-off with a December 4, 2019 trial date. Thus, Defendant seek a continuance in order to obtain the records from St. Mary’s. Defendant also mentions that Plaintiff’s deposition is scheduled for October 11, 2019 and that issues regarding his mental health may be raised, which would necessitate a new round of discovery.
Plaintiff objects to a trial continuance on the grounds that Defendant could have brought its motion to compel compliance sooner but failed to. Plaintiff contends he will be prejudiced by a delay of his “day in court.”
This is the first continuance in the case. There is no evidence that Defendant purposefully delayed discovery, having already subpoenaed records from 30 different providers, propounded written discovery, and conducted depositions. Having found good cause, the Court GRANTS the motion. The new trial date will be June 4, 2020 and the Final Status Conference is set for May 21, 2020 with all expert, discovery, and motion cut-off dates to follow the new trial date.
Moving party to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.