JOSE MUNOZ ET AL VS SBI INDUSTRIES INC ET AL

Tentative Rulings

Case Number: BC678262    Hearing Date: January 13, 2021    Dept: F49

Dept. F-49

Date: 1-13-21

Case #BC678262

Calendar # 5

Trial Date: 5-3-21

PROTECTIVE ORDER

MOVING PARTY: Defendant, Intelligrated Sytems, LLC

RESPONDING PARTY: Plaintiffs, Jose and Maria Munoz

RELIEF REQUESTED

Motion for Protective Orders

SUMMARY OF ACTION

On October 3, 2017, Plaintiffs filed their complaint for Products Liability, and Loss of Consortium. On December 21, 2017, SDI Industries, Inc. filed a cross-complaint for indemnity, contribution, declaratory relief and duty to defend against Intelligrated Sytems, LLC. On June 8, 2018, Nordstrom, Inc. filed a complaint-in-intervention against SDI Industries, Inc. and Intelligrated Sytems, LLC for recovery of paid Workers’ Compensation benefits. On September 12, 2018, Plaintiffs substituted in Intelligrated Sytems, LLC for Doe 1. On November 1, 2018, Intelligrated Sytems, LLC filed a cross-complaint for indemnity and declaratory relief against SDI Industries.

On December 10, 2018, SDI Industries filed a partial dismissal of it’s cross-complaint. On March 9, 2020, the court executed a stipulation allowing for the filing of a first amended complaint for product liability, loss of consortium, and negligence. On May 4, 2020, Nordtrom dismissed its complaint in intervention against Intelligrated Sytems, LLC.

On June 29, 2020, Department 31 transferred the action to Department 47. Plaintiffs filed a peremptory challenge on July 16, 2020, thereby leading to reassignment to Department 49 on July 22, 2020.

RULING: Moot/Off-Calendar

Defendant Intelligrated Sytems, LLC move for a protective order on the methods employed for certain depositions of expert witnesses, and to limit the conduct of Plaintiffs’ counsel, Joseph Davis. Plaintiffs in opposition request the court deny the motion given the execution of a stipulation for a protective order on the remaining depositions in the subject action. Defendant in reply denies that the motion is moot, and raises arguments regarding expert witness fees owed, and a request for monetary sanctions. Counsel also reiterates the “abhorrent” behavior of attorney Joseph Davis at deposition.

On December 28, 2020, the court entered the stipulation of the parties for the appointment of a referee for supervision of the depositions. The stipulation exclusively and completely delegates all authority to the referee. Payment for expert witness fees and conduct of counsel constitutes issues related to said depositions. Nothing in the stipulation reserves any rights for the court to address. (Code Civ. Proc., 639, subd. (a)(5), (c-d).) Should the referee decline to consider any and all issues, the referee may indicate as much in the report, which may be presented to the court for consideration. The court otherwise declines to consider any further arguments. The stipulation renders the requested motion moot, and the court therefore takes the motion off-calendar.

Moving Party to give notice.

Case Number: BC678262    Hearing Date: June 29, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

After review of the court file, the Court makes the following order:

Department 31 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 NORTH VALLEY DISTRICT, JUDGE MELVIN D. SANDVIG presiding in DEPT. F47 of the Chatsworth Courthouse, 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.

DATED: June 29, 2020 ___________________________

Hon. Thomas D. Long

Judge of the Superior Court

Case Number: BC678262    Hearing Date: March 11, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

After review of the court file, the Court makes the following order:

Department 31 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 NORTH VALLEY DISTRICT, JUDGE MELVIN D. SANDVIG presiding in DEPT. F47 of the Chatsworth Courthouse, 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.

DATED: March 11, 2020 ___________________________

Hon. Thomas D. Long

Judge of the Superior Court