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.
****9241
02/02/2017
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
YOLANDA OROZCO
COON KENNETH
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.
KAZAN KENNETH L. ESQ.
KAZAN KENNETH LEE
SCHRIEFFER PAUL K. ESQ.
STONE GENE STEPHEN
SCHRIEFFER PAUL KARSTEN
STONE GENE S. ESQ.
12/14/2017: DEFENDANT'S DEMAND FOR A JURY TRIAL AND NOTICE OF DEPOSIT OF JURY FEES
12/14/2017: DEFENDANT HARD ROCK CAFE INTERNATIONAL (USA), INC., A CORPORATION'S ANSWER TO PLAINTIFF'S UNVERIFIED COMPLAINT
1/12/2018: DEFENDANT UNIVERSAL CITY STUDIOS LLC'S ANSWER TO PLAINTIFF KENNETH COON'S COMPLAINT
4/18/2018: STIPULATION AND ORDER RE: CONFIDENTIAL INFORMATION PURSUANT TO CRC RULE 2.550, ET SEQ.
5/7/2018: ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES]
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
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
5/18/2018: PLAINTIFF'S SEPARATE STATEMENT OF DISPUTED ISSUES IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES (SET ONE)
7/11/2018: DECLARATION OF DEBORAH L. MCCLAIN RE: CALCULATION OF INTEREST FOR ANNANDO VERA
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
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
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
8/15/2018: ORDER RE: EX PARTE APPLICATION FOR AN ORDER CONTINUING TRIAL
8/16/2018: NOTICE OF ENTRY OF ORDER TO CONTINUE TRIAL DATE
9/7/2018: DECLARATION MARVIN AMOROSO IN SUPPORT OF DEFENDANT'S MOTION TO COMPEL FURTHER ANSWERS OF PLAINTIFF TO DEPOSITION QUESTIONS
10/10/2018: Notice of Case Management Conference
2/2/2017: SUMMONS
2/2/2017: COMPLAINT FOR PERSONAL INJURIES AND DAMAGES
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)
at 1:54 PM in Department B; Court Order
Certificate of Mailing for (Minute Order (Court Order) of 12/12/2018); Filed by Clerk
Minute Order ( (Court Order)); Filed by Clerk
Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk
Notice of Case Management Conference; Filed by Clerk
at 10:00 AM in Department 7; Hearing on Motion to Compel Further Discovery Responses (MOTION - COMPEL FURTHER RESPONSES; Transferred to different departmnt) -
at 10:00 am in Department SS7, Yolanda Orozco, Presiding; MOTION - COMPEL FURTHER RESPONSES (continued from 08/14) - Transferred to different departmnt
Minute Order
DECLARATION MARVIN AMOROSO IN SUPPORT OF DEFENDANT'S MOTION TO COMPEL FURTHER ANSWERS OF PLAINTIFF TO DEPOSITION QUESTIONS
CIVIL DEPOSIT
Answer to Complaint; Filed by Attorney for Defendant/Respondent
Answer; Filed by Hard Rock Cafe International, Inc (Defendant)
Receipt; Filed by Attorney for Defendant/Respondent
Demand for Jury Trial; Filed by Attorney for Defendant/Respondent
Civil Case Cover Sheet; Filed by Kenneth Coon (Plaintiff)
COMPLAINT FOR PERSONAL INJURIES AND DAMAGES
Complaint; Filed by Kenneth Coon (Plaintiff)
Complaint
SUMMONS
Case Number: BC649241 Hearing Date: February 21, 2020 Dept: NCB
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kenneth coon, Plaintiff, v.
HARD ROCK CAFÉ INTERNATIONAL, INC., et al., Defendants.
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Case No.: BC649241
Hearing Date: February 21, 2020
[TENTATIVE] order RE: motion to compel third party witness, carlos rivas, to appear for his deposition
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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.