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

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • 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

SCHRIEFFER PAUL K. ESQ.

STONE GENE STEPHEN

SCHRIEFFER PAUL KARSTEN

STONE GENE S. ESQ.

 

Court Documents

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

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.

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]

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 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)

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

DEFENDANT HARD ROCK CAFE INTERNATIONAL (USA), INC.'S EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIAL (AND ALL DISCOVERY AND MOTION CUT-OFF DATES) TO ALLOW FOR HEARING ON MOTION FOR SUMMARY JUDGMEN

8/15/2018: DEFENDANT HARD ROCK CAFE INTERNATIONAL (USA), INC.'S EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIAL (AND ALL DISCOVERY AND MOTION CUT-OFF DATES) TO ALLOW FOR HEARING ON MOTION FOR SUMMARY JUDGMEN

PLAINTIFF'S OPPOSITION TO DEFENDANT HARD ROCK CAFE INTERNATIONAL'S EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIAL DATE' DECLARATION OF KENNETH L. KAZAN

8/15/2018: PLAINTIFF'S OPPOSITION TO DEFENDANT HARD ROCK CAFE INTERNATIONAL'S EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIAL DATE' DECLARATION OF KENNETH L. KAZAN

DEFENDANT UNIVERSAL STUDIOS LLC'S NOTICE OF JOINDER AND JOINDER TQ DEFENDANT THE HARD ROCK CAFE INTERNATIONAL (USA), INC.'S EX PARTE APPLICATION FOR AN ORDER CONTINUING TRIAL AND REQUEST FOR MODIFIED

8/15/2018: DEFENDANT UNIVERSAL STUDIOS LLC'S NOTICE OF JOINDER AND JOINDER TQ DEFENDANT THE HARD ROCK CAFE INTERNATIONAL (USA), INC.'S EX PARTE APPLICATION FOR AN ORDER CONTINUING TRIAL AND REQUEST FOR MODIFIED

ORDER RE: EX PARTE APPLICATION FOR AN ORDER CONTINUING TRIAL

8/15/2018: ORDER RE: EX PARTE APPLICATION FOR AN ORDER CONTINUING TRIAL

NOTICE OF ENTRY OF ORDER TO CONTINUE TRIAL DATE

8/16/2018: NOTICE OF ENTRY OF ORDER TO CONTINUE TRIAL DATE

DECLARATION MARVIN AMOROSO IN SUPPORT OF DEFENDANT'S MOTION TO COMPEL FURTHER ANSWERS OF PLAINTIFF TO DEPOSITION QUESTIONS

9/7/2018: DECLARATION MARVIN AMOROSO IN SUPPORT OF DEFENDANT'S MOTION TO COMPEL FURTHER ANSWERS OF PLAINTIFF TO DEPOSITION QUESTIONS

Notice of Case Management Conference

10/10/2018: Notice of Case Management Conference

SUMMONS

2/2/2017: SUMMONS

COMPLAINT FOR PERSONAL INJURIES AND DAMAGES

2/2/2017: COMPLAINT FOR PERSONAL INJURIES AND DAMAGES

23 More Documents Available

 

Docket Entries

  • 12/13/2018
  • Request 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)

    Read MoreRead Less
  • 12/12/2018
  • at 1:54 PM in Department B; Court Order

    Read MoreRead Less
  • 12/12/2018
  • Certificate of Mailing for (Minute Order (Court Order) of 12/12/2018); Filed by Clerk

    Read MoreRead Less
  • 12/12/2018
  • Minute Order ( (Court Order)); Filed by Clerk

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

    Read MoreRead Less
  • 10/10/2018
  • Notice of Case Management Conference; Filed by Clerk

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

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

    Read MoreRead Less
  • 09/07/2018
  • Minute Order

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

    Read MoreRead Less
106 More Docket Entries
  • 12/14/2017
  • CIVIL DEPOSIT

    Read MoreRead Less
  • 12/14/2017
  • Answer to Complaint; Filed by Attorney for Defendant/Respondent

    Read MoreRead Less
  • 12/14/2017
  • Answer; Filed by Hard Rock Cafe International, Inc (Defendant)

    Read MoreRead Less
  • 12/14/2017
  • Receipt; Filed by Attorney for Defendant/Respondent

    Read MoreRead Less
  • 12/14/2017
  • Demand for Jury Trial; Filed by Attorney for Defendant/Respondent

    Read MoreRead Less
  • 02/02/2017
  • Civil Case Cover Sheet; Filed by Kenneth Coon (Plaintiff)

    Read MoreRead Less
  • 02/02/2017
  • COMPLAINT FOR PERSONAL INJURIES AND DAMAGES

    Read MoreRead Less
  • 02/02/2017
  • Complaint; Filed by Kenneth Coon (Plaintiff)

    Read MoreRead Less
  • 02/02/2017
  • Complaint

    Read MoreRead Less
  • 02/02/2017
  • SUMMONS

    Read MoreRead Less

Tentative Rulings

Case Number: BC649241    Hearing Date: February 21, 2020    Dept: NCB

kenneth coon,

Plaintiff,

v.

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

Defendants.

Case No.: BC649241

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.