On 07/14/2017 KATELYNN HOLT filed a Personal Injury - Motor Vehicle lawsuit against GERTRUDE KLADIFKO. 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, LAURA A. SEIGLE, AMY D. HOGUE and EDWARD B. MORETON. The case status is Other.
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
LAURA A. SEIGLE
AMY D. HOGUE
EDWARD B. MORETON
DOES 1 TO 25
LEM GARCIA LAW
BRODY DANA K.
8/4/2020: Notice of Entry of Dismissal and Proof of Service
2/25/2020: Reply - REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION IN LIMINE #4 TO PRECLUDE LAY WITNESS TESTIMONY REGARDING FAULT, CAUSATION OR ANY SIMILAR OPINION OFFERING A LEGAL CONCLUSION
2/25/2020: Reply - REPLY TO PLAINTIFF'S OPPOSITION TO MOTION IN LIMINE #7 TO EXCLUDE PLAINTIFF'S MEDICAL REPORTS AND BILLS
2/26/2020: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)
11/14/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE (JANE HONG-ELSEY, CSR #11975)
10/24/2019: Opposition - OPPOSITION TO EX PARTE MOTION TO CONTINUE TRIAL
10/31/2019: Opposition - OPPOSITION TO MOTION TO COMPEL
10/22/2019: Reply - REPLY PLAINTIFF'S REPLY TO DEFENDANT'S EX-PARTE APPLICATION
10/15/2019: Opposition - OPPOSITION OPPOSITION TO DEFENDANT'S MOTION IN LIMINE NO.1
10/2/2019: Motion in Limine - MOTION IN LIMINE 11 TO EXCLUDE THE INTRODUCTION OF UNDISCLOSED WITNESSES AND EVIDENCE
8/22/2019: Motion to Compel - MOTION TO COMPEL THE DEPOSITION OF JOHN MCHANEY, D.C. AND TO PRODUCE DOCUMENTS REQUESTED AT THE DEPOSITION
7/17/2019: Ex Parte Application - EX PARTE APPLICATION SEEKING AN ORDER TO CONTINUE TRIAL
5/15/2019: Motion in Limine - MOTION IN LIMINE 1 TO EXCLUDE EVIDENCE OF LIABILITY INSURANCE AND/OR ANY INFERENCE OF LIABILITY INSURANCE DURING JURY SELECTION AND/OR TRIAL
11/20/2018: Notice - Notice Of Entry Of Judgment Or Order
8/27/2018: NOTICE OF FIRM NAME CHANGE
12/29/2017: DEMAND FOR TRIAL BY JURY
7/14/2017: SUMMONS -
7/14/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -
Docketat 08:30 AM in Department 27, Edward B. Moreton, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Vacated by CourtRead MoreRead Less
DocketNotice of Entry of Dismissal and Proof of Service; Filed by Gertrude Kladifko (Defendant)Read MoreRead Less
Docketat 08:30 AM in Department 27, Edward B. Moreton, Presiding; (OSC RE Dismissal) - Not Held - Advanced and VacatedRead MoreRead Less
DocketRequest for Dismissal; Filed by Katelynn Holt (Plaintiff)Read MoreRead Less
Docketat 08:30 AM in Department 27, Edward B. Moreton, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Continued - Court's MotionRead MoreRead Less
Docketat 09:15 AM in Department 27, Edward B. Moreton, Presiding; Court OrderRead MoreRead Less
DocketMinute Order ( (Court Order RE: COVID-19)); Filed by ClerkRead MoreRead Less
DocketCertificate of Mailing for ((Court Order RE: COVID-19) of 04/29/2020); Filed by ClerkRead MoreRead Less
Docketat 08:30 AM in Department 27, Edward B. Moreton, Presiding; Jury Trial - Not Held - Vacated by CourtRead MoreRead Less
Docketat 10:00 AM in Department 27, Edward B. Moreton, Presiding; Final Status Conference - Not Held - Vacated by CourtRead MoreRead Less
DocketDEMAND FOR TRIAL BY JURYRead MoreRead Less
DocketReceipt; Filed by Gertrude Kladifko (Defendant)Read MoreRead Less
DocketDemand for Jury Trial; Filed by Gertrude Kladifko (Defendant)Read MoreRead Less
DocketNotice; Filed by Gertrude Kladifko (Defendant)Read MoreRead Less
DocketNOTICE OF DEPOSIT OF JURY FEESRead MoreRead Less
DocketANSWER TO COMPLAINTRead MoreRead Less
DocketCIVIL DEPOSITRead MoreRead Less
DocketSUMMONSRead MoreRead Less
DocketComplaint; Filed by Katelynn Holt (Plaintiff)Read MoreRead Less
DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)Read MoreRead Less
Case Number: BC668640 Hearing Date: November 14, 2019 Dept: 4B
[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO COMPEL DEFENDANT’S DEPOSITION
On July 14, 2017, plaintiff Katelynn Holt (“Plaintiff”) filed this action against defendant Gertrude Kadifko (“Defendant”) for injuries and damages arising from a motor vehicle accident on October 2, 2015.
On August 8, 2019, Plaintiff noticed Defendant’s deposition for August 21, 2019. On August 14, 2019, Defendant objected that counsel and Defendant were unavailable, and that Defendant could not travel to the noticed location due to medical and accessibility issues at Plaintiff’s counsel’s office. On August 15, 2019, Plaintiff’s counsel insisted the deposition proceed at his office and requested deposition dates by August 21, 2019. Defense counsel provided dates in September 2019 and proposed that Plaintiff’s counsel reserve a parking space for Defendant because Defendant needed to use a walker and could not park on the street. Defense counsel also proposed an alternate location in West Covina.
On October 2, 2019, defense counsel learned Defendant had been diagnosed with dementia and/or Alzheimer’s. On October 3, 2019, defense counsel informed Plaintiff’s counsel of Defendant’s diagnosis and stated that Defendant would not be testifying at deposition or at trial. Plaintiff filed a motion to compel Defendant’s deposition on October 18, 2019. Defendant has filed a motion for a protective order with a hearing date of December 5, 2019.
Defendant argues there is no purpose to taking her deposition because she is not testifying at trial, and that this is an admitted liability case where the only issues are reasonableness, necessity of care, causation and damages. Defendant argues that she is unable to give accurate testimony at a deposition or trial because of her recent diagnosis of dementia and/or Alzheimer’s. Citing to Hunt Enterprises, Inc. v. Superior Court (2006) 2006 WL 689307, Defendant argues that her diagnosis precludes her from needing to sit for a deposition.
The Hunt decision unpublished, and the deponent in Hunt had been diagnosed three years earlier and was unable to retain a memory of any object for more than three minutes even after several repetitions. Here, it appears Defendant received a diagnosis in September 2019 of a mild cognitive disorder. According to the medical record the daughter told the doctor that Defendant “sometimes cannot follow along with conversations, loses her place, and forgets things.” A letter from a psychologist states Defendant “is, more likely than not, manifesting symptoms consistent with probable dementia, possibly of the Alzheimer’s type.” The psychologist states Defendant is “unable to give accurate testimony at a deposition or trial, especially because the stress of a deposition or trial would make her condition more pronounced.” The psychologist does not state what she based this conclusion on.
Based on this record, the extent of Defendant’s memory loss is unclear. The medical records describe her condition as mild. The daughter states that sometimes she cannot follow conversations, but that suggests that at other times she can. The Court cannot conclude that Defendant’s testimony necessarily will be inaccurate.
Accommodations can be made to lessen the stress of a deposition. The deposition will place at a location chosen by Defendant that is convenient and comfortable for Defendant. She can have a family member or friend present. She can take breaks when she likes. The deposition will be no more than two hours, not including breaks. The parties shall meet and confer on these accommodations within the next ten days. The motion to compel Defendant’s deposition is GRANTED with these limitations on the deposition. The deposition shall take place within 30 days of the date of this order.
The Court denies the request for sanctions as Defendant had reasonable grounds for not appearing for the deposition as noticed.
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.