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This case was last updated from Los Angeles County Superior Courts on 05/29/2021 at 14:11:26 (UTC).

JOSE ANTONIO PASILLAS, ET AL. VS SPECIALIZED BICYCLE COMPONENTS, INC., A CALIFORNIA CORPORATION

Case Summary

On 10/01/2020 JOSE ANTONIO PASILLAS filed a Personal Injury - Other Product Liability lawsuit against SPECIALIZED BICYCLE COMPONENTS, INC , A CALIFORNIA CORPORATION. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judges overseeing this case are KRISTIN S. ESCALANTE and SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7751

  • Filing Date:

    10/01/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

KRISTIN S. ESCALANTE

SERENA R. MURILLO

 

Party Details

Plaintiffs

PASILLAS JENNIFER

PASILLAS JOSE ANTONIO

Defendant

SPECIALIZED BICYCLE COMPONENTS INC. A CALIFORNIA CORPORATION

Attorney/Law Firm Details

Plaintiff Attorneys

LEBOVITS MOSES

LEBOVITS MOSES A. ESQ.

Defendant Attorneys

SONNETT ANTHONY EVAN

SONNETT ANTHONY EVAN ESQ.

 

Court Documents

Minute Order - MINUTE ORDER (HEARING ON MOTION TO QUASH PLAINTIFFS' MOTION TO QUASH DEFEND...)

3/12/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION TO QUASH PLAINTIFFS' MOTION TO QUASH DEFEND...)

Reply - REPLY PLAINTIFFS REPLY TO DEFENDANT SPECIALIZED BICYCLYE COMPONENTS, INC.S OPPOSITION TO PLAINTIFFS MOTION TO QUASH DEFENDANTS SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS TO BLUE CROSS OF

2/5/2021: Reply - REPLY PLAINTIFFS REPLY TO DEFENDANT SPECIALIZED BICYCLYE COMPONENTS, INC.S OPPOSITION TO PLAINTIFFS MOTION TO QUASH DEFENDANTS SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS TO BLUE CROSS OF

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: CONTINUANCE OF THE FEBRUARY 16, 2021 HEARING ...) OF 02/09/2021

2/9/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: CONTINUANCE OF THE FEBRUARY 16, 2021 HEARING ...) OF 02/09/2021

Notice - NOTICE NOTICE OF CONTINUANCE OF PLAINTIFFS MOTION TO QUASH DEFENDANT SPECIALIZED BICYCLE COMPONENTS, INC.S DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS TO BLUE CROSS OF CALIFORNIA

2/10/2021: Notice - NOTICE NOTICE OF CONTINUANCE OF PLAINTIFFS MOTION TO QUASH DEFENDANT SPECIALIZED BICYCLE COMPONENTS, INC.S DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS TO BLUE CROSS OF CALIFORNIA

Opposition - OPPOSITION DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION TO QUASH DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS TO BLUE CROSS OF CALIFORNIA; MEMORANDUM OF POINTS AND AUTHORITIES;

2/1/2021: Opposition - OPPOSITION DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION TO QUASH DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS TO BLUE CROSS OF CALIFORNIA; MEMORANDUM OF POINTS AND AUTHORITIES;

Memorandum of Points & Authorities

1/5/2021: Memorandum of Points & Authorities

Motion to Quash

1/5/2021: Motion to Quash

Declaration - DECLARATION DECLARATION OF NICHOLAS B. BRYMAN IN SUPPORT OF PLAINTIFFS MOTION TO QUASH DEFENDANT SPECIALIZED BICYCLE COMPONENTS, INC.S DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RE

1/5/2021: Declaration - DECLARATION DECLARATION OF NICHOLAS B. BRYMAN IN SUPPORT OF PLAINTIFFS MOTION TO QUASH DEFENDANT SPECIALIZED BICYCLE COMPONENTS, INC.S DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RE

Stipulation and Order - STIPULATION AND ORDER TO DISMISS PLAINTIFFS CLAIM FOR AND PRAYER FOR PUNITIVE DAMAGES AGAINST SPECIALIZED BICYCLE COMPONENTS, INC.

11/20/2020: Stipulation and Order - STIPULATION AND ORDER TO DISMISS PLAINTIFFS CLAIM FOR AND PRAYER FOR PUNITIVE DAMAGES AGAINST SPECIALIZED BICYCLE COMPONENTS, INC.

Answer

12/7/2020: Answer

Notice of Posting of Jury Fees

12/7/2020: Notice of Posting of Jury Fees

Notice of Posting of Jury Fees

12/9/2020: Notice of Posting of Jury Fees

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURES AND HEARING DATE

10/15/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURES AND HEARING DATE

PI General Order

10/15/2020: PI General Order

Summons - SUMMONS ON COMPLAINT

10/1/2020: Summons - SUMMONS ON COMPLAINT

Complaint

10/1/2020: Complaint

Notice of Case Assignment - Unlimited Civil Case

10/1/2020: Notice of Case Assignment - Unlimited Civil Case

Civil Case Cover Sheet

10/5/2020: Civil Case Cover Sheet

7 More Documents Available

 

Docket Entries

  • 09/28/2023
  • Hearing09/28/2023 at 08:30 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 04/01/2022
  • Hearing04/01/2022 at 08:30 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 03/17/2022
  • Hearing03/17/2022 at 10:00 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 03/12/2021
  • Docketat 1:30 PM in Department 29, Serena R. Murillo, Presiding; Hearing on Motion to Quash (Plaintiffs' Motion to Quash Defendant Specialized Bicycle Components, Inc.'s Deposition Subpoena for Production of Business Records to Blue Cross- of California) - Held - Motion Denied

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  • 03/12/2021
  • DocketMinute Order ( (Hearing on Motion to Quash Plaintiffs' Motion to Quash Defend...)); Filed by Clerk

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  • 02/16/2021
  • Docketat 1:30 PM in Department 29, Serena R. Murillo, Presiding; Hearing on Motion to Quash (Plaintiffs' Motion to Quash Defendant Specialized Bicycle Components, Inc.'s Deposition Subpoena for Production of Business Records to Blue Cross- of California) - Not Held - Continued - Court's Motion

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  • 02/10/2021
  • DocketNotice (NOTICE OF CONTINUANCE OF PLAINTIFFS? MOTION TO QUASH DEFENDANT SPECIALIZED BICYCLE COMPONENTS, INC.?S DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS TO BLUE CROSS OF CALIFORNIA); Filed by Jose Antonio Pasillas (Plaintiff); Jennifer Pasillas (Plaintiff)

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  • 02/09/2021
  • Docketat 2:57 PM in Department 29, Serena R. Murillo, Presiding; Court Order

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  • 02/09/2021
  • DocketCertificate of Mailing for ((Court Order Re: Continuance of the February 16, 2021 Hearing ...) of 02/09/2021); Filed by Clerk

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  • 02/09/2021
  • DocketMinute Order ( (Court Order Re: Continuance of the February 16, 2021 Hearing ...)); Filed by Clerk

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5 More Docket Entries
  • 12/09/2020
  • DocketNotice of Posting of Jury Fees; Filed by Jose Antonio Pasillas (Plaintiff); Jennifer Pasillas (Plaintiff)

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  • 12/07/2020
  • DocketNotice of Posting of Jury Fees; Filed by Specialized Bicycle Components, Inc., a California Corporation (Defendant)

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  • 12/07/2020
  • DocketAnswer; Filed by Specialized Bicycle Components, Inc., a California Corporation (Defendant)

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  • 11/20/2020
  • DocketStipulation and Order (TO DISMISS PLAINTIFFS? CLAIM FOR AND PRAYER FOR PUNITIVE DAMAGES AGAINST SPECIALIZED BICYCLE COMPONENTS, INC.); Filed by Specialized Bicycle Components, Inc., a California Corporation (Defendant)

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  • 10/15/2020
  • DocketCertificate of Mailing for ([PI General Order], Standing Order re PI Procedures and Hearing Date); Filed by Clerk

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  • 10/15/2020
  • DocketPI General Order; Filed by Clerk

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  • 10/05/2020
  • DocketCivil Case Cover Sheet; Filed by Jose Antonio Pasillas (Plaintiff)

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  • 10/01/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 10/01/2020
  • DocketSummons (on Complaint); Filed by Jose Antonio Pasillas (Plaintiff); Jennifer Pasillas (Plaintiff)

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  • 10/01/2020
  • DocketComplaint; Filed by Jose Antonio Pasillas (Plaintiff); Jennifer Pasillas (Plaintiff)

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Tentative Rulings

Case Number: 20STCV37751     Hearing Date: March 12, 2021    Dept: 29

Jose Antoni Pasilla, et al. vs. Specialized Bicycle Components, Inc., et al

TENTATIVEMotion to Quash Defendant Specialized Bicycle Component’s Inc.’s Deposition Subpoena for Production of Business Records to Blue Cross of California, by Plaintiffs Jose Antonio Pasillas and Jennifer Pasillas is DENIED. ANALYSISBACKGROUND

This action arises out of an incident involving a bicycle accident.

On October 1, 2020, Plaintiffs Jose Antonio Pasillas and Jennifer Pasillas (“Plaintiffs”) filed a complaint against Defendant Specialized Bicycle Components, Inc. (“Defendant”) asserting a causes of action for(1) negligence; (2) strict Liability; (3) breach of express and implied warranties; and (4) loss of consortium.

On December 12, 2020, Defendant filed an answer to the complaint.

On December 18, 2020, Defendant served the deposition subpoena to verify or dispute the Plaintiffs’ damage claims, which Plaintiffs objected to on December 29, 2020.

On January 05, 2021, Plaintiffs filed the present motion to quash. Thereafter, on February 01, 2021, Defendant filed its opposition to the motion, and on February 05, 2021, Plaintiffs filed their reply.

ANALYSIS:

A copy of a subpoena for business records must be served on all other parties who have appeared in the action. (CCP § 2025.240(a).)

Code of Civil Procedure, Section 1987.1, subdivision (a) provides: 

If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.

There is no requirement that the motion contain a meet-and-confer declaration demonstrating a good-faith attempt at informal resolution. (See id.)

A party to a civil action to which a subpoena duces tecum is served may, prior to the date for production, bring a motion under 1987.1 to quash or modify the subpoena duces tecum. (CCP § 1985.3(g). “Notice of the bringing of that motion shall be given to the witness and deposition officer at least five days prior to production. The failure to provide notice to the deposition officer shall not invalidate the motion to quash or modify the subpoena duces tecum but may be raised by the deposition officer as an affirmative defense in any action for liability for improper release of records.” (Id.

Here, Plaintiffs have not provided a separate statement for the instant motion. Furthermore, Plaintiffs claim that the Court has enough information to make its ruling on the merits of the motion (Reply at 3.), but this argument is not persuasive because they do not provide any legal authority to support this position. While the Court has broad discretion in continuing matters, it is not appropriate in this instance because this matter was continued previously on February 9, 2021. (Hartford Accident & Indemnity Co v. Gropman (1984) 163Cal. App. 3d Supp. 33, 41.) Plaintiffs have been on notice of this deficiency since February 1, 2021 when the Defendant filed its opposition.

Accordingly, because the Plaintiffs have not abided by the requirements under CRC rule 3.1345, their motion is procedurally defective, and the Court DENIES their motion.

Moving party is ordered to give notice.

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