This case was last updated from Los Angeles County Superior Courts on 12/20/2018 at 10:13:03 (UTC).

KENNETH COON VS HARD ROCK CAFE INTERNATIONAL INC ET AL

Case Summary

On 02/02/2017 KENNETH COON filed a Personal Injury - Other Personal Injury lawsuit against HARD ROCK CAFE INTERNATIONAL INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is YOLANDA OROZCO. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9241

  • Filing Date:

    02/02/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

YOLANDA OROZCO

 

Party Details

Plaintiff and Petitioner

COON KENNETH

Defendants and Respondents

UNIVERSAL CITYWALK

HARD ROCK CAFE

SEMINOLE TRIBE OF FLORIDA

UNIVERSAL PARKS AND RESORTS LLC

DOES 1 TO 10

HARD ROCK CAFE INTERNATIONAL INC

UNIVERSAL PARKS AND RESORTS MANAGEMENT

CAFE HARD ROCK

UNIVERSAL CITY STUDIOS LLC

UNIVERSAL STUDIOS LLC

HARD ROCK CAFE INTERNATIONAL INC.

11 More Parties Available

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

KAZAN KENNETH L. ESQ.

KAZAN KENNETH LEE

Defendant and Respondent Attorneys

STONE GENE S. ESQ.

STONE GENE STEPHEN

SCHRIEFFER PAUL KARSTEN

SCHRIEFFER PAUL K. ESQ.

 

Court Documents

Civil Case Cover Sheet

2/2/2017: Civil Case Cover Sheet

Unknown

12/14/2017: Unknown

DEFENDANT'S DEMAND FOR A JURY TRIAL AND NOTICE OF DEPOSIT OF JURY FEES

12/14/2017: DEFENDANT'S DEMAND FOR A JURY TRIAL AND NOTICE OF DEPOSIT OF JURY FEES

DEFENDANT HARD ROCK CAFE INTERNATIONAL (USA), INC., A CORPORATION'S ANSWER TO PLAINTIFF'S UNVERIFIED COMPLAINT

12/14/2017: DEFENDANT HARD ROCK CAFE INTERNATIONAL (USA), INC., A CORPORATION'S ANSWER TO PLAINTIFF'S UNVERIFIED COMPLAINT

DEFENDANT UNIVERSAL CITY STUDIOS LLC'S ANSWER TO PLAINTIFF KENNETH COON'S COMPLAINT

1/12/2018: DEFENDANT UNIVERSAL CITY STUDIOS LLC'S ANSWER TO PLAINTIFF KENNETH COON'S COMPLAINT

AMENDMENT TO COMPLAINT

2/21/2018: AMENDMENT TO COMPLAINT

STIPULATION AND ORDER RE: CONFIDENTIAL INFORMATION PURSUANT TO CRC RULE 2.550, ET SEQ.

4/18/2018: STIPULATION AND ORDER RE: CONFIDENTIAL INFORMATION PURSUANT TO CRC RULE 2.550, ET SEQ.

NOTICE OF ENTRY OF ORDER RE PROTECTIVE ORDER

5/3/2018: NOTICE OF ENTRY OF ORDER RE PROTECTIVE ORDER

ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES]

5/7/2018: ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES]

NOTICE OF ENTRY OF ORDER TO CONTINUE TRIAL DATE

5/15/2018: NOTICE OF ENTRY OF ORDER TO CONTINUE TRIAL DATE

DECLARATION OF KENNETH L. KAZAN IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL FURTHER ANSWERS TO SPECIAL INTERROGATORIES AGAINST HARD ROCK CAFE INTERNATIONAL INC; ETC

5/18/2018: DECLARATION OF KENNETH L. KAZAN IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL FURTHER ANSWERS TO SPECIAL INTERROGATORIES AGAINST HARD ROCK CAFE INTERNATIONAL INC; ETC

PLAINTIFFS LIST OF EXHIBITS SUBMITTED IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL FURTHER ANSWERS TO SPECIAL INTERROGATORIES AGAINST HARD ROCK CAFE INTERNATIONAL INC; ETC

5/18/2018: PLAINTIFFS LIST OF EXHIBITS SUBMITTED IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL FURTHER ANSWERS TO SPECIAL INTERROGATORIES AGAINST HARD ROCK CAFE INTERNATIONAL INC; ETC

PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT HARD ROCK CAFE INTERNATIONAL, INC'S FURTHER RESPONSES TO PLAINTIFF'S SPECIAL INTERROGATORIES, SET ONE (1); ETC

5/18/2018: PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT HARD ROCK CAFE INTERNATIONAL, INC'S FURTHER RESPONSES TO PLAINTIFF'S SPECIAL INTERROGATORIES, SET ONE (1); ETC

PLAINTIFF'S SEPARATE STATEMENT OF DISPUTED ISSUES IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES (SET ONE)

5/18/2018: PLAINTIFF'S SEPARATE STATEMENT OF DISPUTED ISSUES IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES (SET ONE)

INFORMAL DISCOVERY CONFERENCE FORM FOR PERSONAL INJURY COURTS

7/11/2018: INFORMAL DISCOVERY CONFERENCE FORM FOR PERSONAL INJURY COURTS

DECLARATION OF DEBORAH L. MCCLAIN RE: CALCULATION OF INTEREST FOR ANNANDO VERA

7/11/2018: DECLARATION OF DEBORAH L. MCCLAIN RE: CALCULATION OF INTEREST FOR ANNANDO VERA

NOTICE OF CONTINUANCE OF: PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT HARD ROCK CAFE INTERNATIONAL, INC.S FURTHER RESPONSES TO PLAINTIFF'S SPECIAL INTERROGATORIES, SET ONE (1)

7/30/2018: NOTICE OF CONTINUANCE OF: PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT HARD ROCK CAFE INTERNATIONAL, INC.S FURTHER RESPONSES TO PLAINTIFF'S SPECIAL INTERROGATORIES, SET ONE (1)

DECLARATION OF HERNAN L. LACUESTA, FSQ. IN SUPPORT OF DEFENDANT?S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION

8/13/2018: DECLARATION OF HERNAN L. LACUESTA, FSQ. IN SUPPORT OF DEFENDANT?S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION

23 More Documents Available

 

Docket Entries

  • 12/13/2018
  • DocketRequest for Dismissal (as to Universal Studios LLC, Universal City Studios LLC, Universal parks and Resorts, LLC, Universal Parks and Reserts, LLC dba Universal City Walk, Universal Parks and Reserts Management Services, LLC, only); Filed by Kenneth Coon (Plaintiff)

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  • 12/12/2018
  • Docketat 1:54 PM in Department B; Court Order

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  • 12/12/2018
  • DocketCertificate of Mailing for (Minute Order (Court Order) of 12/12/2018); Filed by Clerk

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  • 12/12/2018
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 11/19/2018
  • DocketNotice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 10/10/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 09/07/2018
  • Docketat 10:00 AM in Department 7; Hearing on Motion to Compel Further Discovery Responses (MOTION - COMPEL FURTHER RESPONSES; Transferred to different departmnt) -

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  • 09/07/2018
  • Docketat 10:00 am in Department SS7, Yolanda Orozco, Presiding; MOTION - COMPEL FURTHER RESPONSES (continued from 08/14) - Transferred to different departmnt

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  • 09/07/2018
  • DocketMinute Order

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  • 09/07/2018
  • DocketDECLARATION MARVIN AMOROSO IN SUPPORT OF DEFENDANT'S MOTION TO COMPEL FURTHER ANSWERS OF PLAINTIFF TO DEPOSITION QUESTIONS

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106 More Docket Entries
  • 12/14/2017
  • DocketCIVIL DEPOSIT

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  • 12/14/2017
  • DocketAnswer to Complaint; Filed by Attorney for Defendant/Respondent

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  • 12/14/2017
  • DocketAnswer; Filed by Hard Rock Cafe International, Inc (Defendant)

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  • 12/14/2017
  • DocketReceipt; Filed by Attorney for Defendant/Respondent

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  • 12/14/2017
  • DocketDemand for Jury Trial; Filed by Attorney for Defendant/Respondent

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  • 02/02/2017
  • DocketCivil Case Cover Sheet; Filed by Kenneth Coon (Plaintiff)

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  • 02/02/2017
  • DocketCOMPLAINT FOR PERSONAL INJURIES AND DAMAGES

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  • 02/02/2017
  • DocketComplaint; Filed by Kenneth Coon (Plaintiff)

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  • 02/02/2017
  • DocketComplaint

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  • 02/02/2017
  • DocketSUMMONS

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Tentative Rulings

Case Number: ****9241    Hearing Date: February 21, 2020    Dept: NCB

kenneth coon,

Plaintiff,

v.

HARD ROCK CAFÉ INTERNATIONAL, INC., et al.,

Defendants.

Case No.: ****9241

Hearing Date: February 21, 2020

[TENTATIVE] order RE:

motion to compel third party witness, carlos rivas, to appear for his deposition

BACKGROUND

A. Allegations

Plaintiff Kenneth Coon (“Plaintiff”) commenced this action for negligence against various defendants on February 2, 2017. Plaintiff alleges he was on Universal City Walk near the front entrance of the Hard Rock Café (“Subject Premises”). He alleges that on February 7, 2015 at approximately 10:00 p.m., he slipped and fell on the Subject Premises due to a wet surface as it had been raining prior to or at about the time of the incident.

B. Motion on Calendar

On January 24, 2020, Plaintiff filed a motion to compel third party witness, Carlos Rivas, to appear for his deposition.

The Court is not in receipt of an opposition brief.

LEGAL STANDARD

If a subpoena requires the attendance of a witness or the production of documents, the court may, upon motion reasonably made, 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. (CCP ;1987.1(a).) A party to the action may make such a motion pursuant to subdivision (a). (CCP ;1987.1(b).)

DISCUSSION

Plaintiff moves to compel third party Carlos Rivas to attend his deposition. Plaintiff states that Mr. Rivas was the former manager of the subject Hard Rock Café where Plaintiff’s accident took place, as well as the person with the most knowledge regarding the time, reasons, and decisions regarding the placement location of mats/runners outside the Café when it rained, rain was anticipated, and on the accident date.

Plaintiff served Mr. Rivas with 2 deposition subpoenas for his personal appearance for deposition, such that his depositions were scheduled for August 28, 2018 and then on January 2, 2020. Plaintiff obtained a copy of the Notice of Taking Deposition and Court Reporter’s Certificate of Non Appearance for each depositions. (See Mot. at Exs. 1-2.) The proof of service accompanying the second deposition subpoena shows that the deposition subpoena was personally served on Mr. Rivas. (Mot. at Ex. 2.)

However, Plaintiff has not complied with California Rules of Court, Rule 3.1346, which provides that a written notice and all moving papers supporting a motion to compel an answer to a deposition question or production of documents from a nonparty deponent must be personally served on the nonparty deponent, unless the nonparty deponent agrees to accept service by mail or electronic service. Here, the proof of service of the motion papers indicates that Mr. Rivas was served by electronic service on January 24, 2020. There is no indication that the moving papers were served on Mr. Rivas by personal service, or that Mr. Rivas agreed to service by electronic service.

As such, the motion is denied for failure to properly serve Mr. Rivas with the moving papers.

CONCLUSION AND ORDER

Plaintiff’s motion to compel third party witness, Carlos Rivas, to appear for his deposition is denied without prejudice.

Plaintiff shall provide notice of this order.



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