On 02/14/2018 JOSE MEJIA filed a Personal Injury - Motor Vehicle lawsuit against JOHNNY GLASKER. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are YOLANDA OROZCO and LAURA A. SEIGLE. The case status is Other.
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
LAURA A. SEIGLE
DOES 1 TO 50
GIBALEVICH DANIEL A. ESQ.
ENGELMAN BRITANY M. ESQ.
GIBALEVICH DANIEL ANDREW ESQ.
CHOI JEANNIE E.
2/24/2020: Request for Dismissal
10/17/2019: Motion to Continue Trial Date
10/17/2019: Motion to Compel - MOTION TO COMPEL DEFENDANT JOHNNY GLASKERS MOTION TO COMPEL PLAINTIFF JOSE MEJIA TO APPEAR FOR HIS DEPOSITION NO LATER THAN NOVEMBER 20, 2019; MEMORANDUM OF POINTS AND AUTHORITIES;
10/30/2019: Opposition - OPPOSITION PLAINTIFF'S OPPOSITION TO MOTION TO COMPEL PLAINTIFF TO APPEAR AT DEPOSITION AND REQUEST FOR SANCTIONS
11/14/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL MOTION TO COMPEL DEPOSITION; HEAR...)
12/5/2019: Notice - NOTICE NOTICE OF RULING
5/20/2019: [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
2/14/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -
2/14/2018: SUMMONS -
5/21/2018: ANSWER TO COMPLAINT
DocketRequest for Dismissal; Filed by Jose Mejia (Plaintiff)Read MoreRead Less
Docketat 08:30 AM in Department 4B; Jury Trial - Not Held - Continued - Party's MotionRead MoreRead Less
Docketat 10:00 AM in Department 4B; Final Status Conference - Not Held - Continued - Party's MotionRead MoreRead Less
DocketNotice (Notice of Ruling); Filed by Johnny Glasker (Defendant)Read MoreRead Less
Docketat 1:30 PM in Department 4B; Hearing on Motion to Compel (Motion to Compel Deposition) - Held - Motion DeniedRead MoreRead Less
Docketat 1:30 PM in Department 4B; Hearing on Motion to Continue Trial - Held - Motion GrantedRead MoreRead Less
DocketMinute Order ( (Hearing on Motion to Compel Motion to Compel Deposition; Hear...)); Filed by ClerkRead MoreRead Less
Docketat 1:30 PM in Department 4B; Hearing on Motion to Compel (Motion to Compel Deposition) - Not Held - Rescheduled by PartyRead MoreRead Less
DocketOpposition (Plaintiff's Opposition to Motion to Compel Plaintiff to Appear at Deposition and Request for Sanctions); Filed by Jose Mejia (Plaintiff)Read MoreRead Less
DocketMotion to Continue Trial Date; Filed by Johnny Glasker (Defendant)Read MoreRead Less
DocketDEFENDANT JOHNNY GLASKER?S MOTION TO COMPEL PLAINTIFF JOSE MEJIA TO APPEAR FOR HIS DEPOSITION NO LATER THAN NOVEMBER 20, 2019; Filed by Johnny Glasker (Defendant)Read MoreRead Less
Docketat 08:30 AM in Department 4B; Jury Trial - Not Held - Continued - StipulationRead MoreRead Less
Docketat 10:00 AM in Department 4B; Final Status Conference - Not Held - Continued - StipulationRead MoreRead Less
Docket[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Johnny Glasker (Defendant)Read MoreRead Less
Docketat 11:15 AM in Department 7; Informal Discovery Conference (IDC) (Informal Discovery Conference-PI; Off Calendar) -Read MoreRead Less
DocketAnswer; Filed by Johnny Glasker (Defendant)Read MoreRead Less
DocketANSWER TO COMPLAINTRead MoreRead Less
DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)Read MoreRead Less
DocketSUMMONSRead MoreRead Less
DocketComplaint; Filed by Jose Mejia (Plaintiff)Read MoreRead Less
Case Number: BC694639 Hearing Date: November 14, 2019 Dept: 4B
[TENTATIVE] ORDER RE: MOTION TO CONTINUE TRIAL; MOTION TO COMPEL PLAINTIFF’S DEPOSITION; REQUEST FOR MONETARY SANCTIONS
On February 14, 2018, plaintiff Jose Mejia (“Plaintiff”) filed this action against defendant Johnny Glasker (“Defendant”) alleging negligence arising from a motor vehicle accident on March 26, 2016. Defendant filed a motion to compel Plaintiff’s deposition and a motion to continue the trial date, currently scheduled for January 29, 2020. Defendant also requests monetary sanctions in connection with his motion to compel.
Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify, as well as to produce documents for inspection and copying. (Code Civ. Proc., § 2025.280, subd. (a).) The party served with a deposition notice waives any error or irregularity unless that party promptly serves a written objection at least three calendar days prior to the date for which the deposition is scheduled. (Code Civ. Proc., § 2025.410, subd. (a).) A party may also move for an order staying the taking of the deposition and quashing the deposition notice. (Code Civ. Proc., § 2025.410, subd. (c).) “If, after service of a deposition notice, a party . . . without having served a valid objection . . . fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in the deposition notice, the party giving notice may move for an order compelling deponent’s attendance and testimony, and the production . . . of any document . . . described in the deposition notice.” (Code Civ. Proc., § 2025.450, subd. (a).)
On May 3, 2019, Defendant requested available dates for Plaintiff’s deposition. Plaintiff’s counsel identified July 16, 2019, and on May 7, 2019, Defendant served a notice of deposition. In June 2019, the parties agreed to stay discovery to engage in meaningful settlement negotiations. Trial, originally scheduled for August 14, 2019, was continued to January 29, 2020. Settlement negotiations broke down and defense counsel again requested dates for Plaintiff’s deposition. Plaintiff did not respond, so Defendant noticed the deposition for September 18, 2019. Plaintiff’s counsel then proposed October 15, 2019.
The parties then went back and forth on various discovery deadlines Plaintiff states he believed they agreed to continue the deposition. Defendant states they did not. In any event, on October 14, 2019, Plaintiff’s counsel told defense counsel Plaintiff would not appear for his deposition on October 15, 2019 because counsel had scheduled other depositions for that date, thinking Plaintiff’s deposition had been continued. Plaintiff’s deposition is now set for November 13, 2019.
Defendant’s motion to compel Plaintiff’s deposition is MOOT, as the deposition is taking place on November 13, 2019.
Where a motion to compel a party’s appearance and testimony at deposition is granted, the court shall impose a monetary sanction in favor of the party who noticed the deposition and against the deponent, unless the court finds the one subject to sanctions acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Code Civ. Proc., § 2025.450, subd. (g)(1).) Sanctions are not warranted here because this dispute could have been cleared up with a telephone conversation, rather than defense counsel’s sending a letter through the mail, which takes several days to be delivered. Once defense counsel learned of the misunderstanding, he should have cancelled the court reporter, videographer and translator and not needlessly incurred their fees. Finally, this motion was not necessary because Plaintiff’s counsel agreed to reschedule the deposition. Therefore, the request for sanctions is DENIED.
Motion to Continue Trial
Defendant requests a trial continuance from January 29, 2019 to April 29, 2019 to take additional discovery. The motion is unopposed. Accordingly, the motion is GRANTED. Trial is continued to April 29, 2020. The FSC is continued to April 15, 2020. All dates are based on 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.