This case was last updated from Los Angeles County Superior Courts on 11/21/2021 at 12:18:27 (UTC).

KIMBERLY ARNOLD, ET AL. VS FORD MOTOR COMPANY, ET AL.

Case Summary

On 11/25/2020 KIMBERLY ARNOLD filed a Personal Injury - Other Personal Injury lawsuit against FORD MOTOR COMPANY. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JILL FEENEY. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5317

  • Filing Date:

    11/25/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

JILL FEENEY

 

Party Details

Plaintiffs

THE ESTATE OF KAVIN ARNOLD

ARNOLD KIMBERLY

Defendants

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS

FORD MOTOR COMPANY

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

DOE DEALERSHIP

Attorney/Law Firm Details

Plaintiff Attorneys

CHANG ALVIN S.

KLEIN MEGAN

Defendant Attorneys

ADAMS KATHARINE H.

ROSVALL ROBERT L.

ADAMS KATHARINE HALDORSEN

ROSVALL ROBERT LAWRENCE

Other Attorneys

NGUYEN MINH

 

Court Documents

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION BY DEFENDANT (FORD MOTOR COMPANY), FOR AN O...) OF 10/28/2021

10/28/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION BY DEFENDANT (FORD MOTOR COMPANY), FOR AN O...) OF 10/28/2021

Minute Order - MINUTE ORDER (HEARING ON MOTION BY DEFENDANT (FORD MOTOR COMPANY), FOR AN O...)

10/28/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION BY DEFENDANT (FORD MOTOR COMPANY), FOR AN O...)

Notice - NOTICE OF NON-OPPOSITION TO FORD'S MOTION FOR AN ORDER AUTHORIZING THE RELEASE AND REPRODUCTION OF THE CORONER'S PHOTOGRAPHS, X-RAYS, RADIOGRAPHS, AND RELATED FILES

10/20/2021: Notice - NOTICE OF NON-OPPOSITION TO FORD'S MOTION FOR AN ORDER AUTHORIZING THE RELEASE AND REPRODUCTION OF THE CORONER'S PHOTOGRAPHS, X-RAYS, RADIOGRAPHS, AND RELATED FILES

Motion re: - MOTION RE: FORD'S NOTICE OF MOTION AND MOTION FOR AN ORDER AUTHORIZING THE RELEASE AND REPRODUCTION OF THE CORONER'S PHOTOGRAPHS, X-RAYS, RADIOGRAPHS, AND RELATED FILES

9/13/2021: Motion re: - MOTION RE: FORD'S NOTICE OF MOTION AND MOTION FOR AN ORDER AUTHORIZING THE RELEASE AND REPRODUCTION OF THE CORONER'S PHOTOGRAPHS, X-RAYS, RADIOGRAPHS, AND RELATED FILES

Declaration - DECLARATION DECLARATION OF CHARIESE R. SOLORIO ISO FORD'S MOTION FOR AN ORDER AUTHORIZING THE RELEASE AND REPRODUCTION OF THE CORONER'S PHOTOGRAPHS, X-RAYS, RADIOGRAPHS, AND RELATED FILE

9/13/2021: Declaration - DECLARATION DECLARATION OF CHARIESE R. SOLORIO ISO FORD'S MOTION FOR AN ORDER AUTHORIZING THE RELEASE AND REPRODUCTION OF THE CORONER'S PHOTOGRAPHS, X-RAYS, RADIOGRAPHS, AND RELATED FILE

Answer

8/3/2021: Answer

Answer

7/14/2021: Answer

Notice of Posting of Jury Fees

7/14/2021: Notice of Posting of Jury Fees

Summons - SUMMONS ON FIRST AMENDED COMPLAINT

6/21/2021: Summons - SUMMONS ON FIRST AMENDED COMPLAINT

Amended Complaint - AMENDED COMPLAINT (1ST)

6/21/2021: Amended Complaint - AMENDED COMPLAINT (1ST)

Notice of Posting of Jury Fees

4/1/2021: Notice of Posting of Jury Fees

Summons - SUMMONS ON COMPLAINT

12/30/2020: Summons - SUMMONS ON COMPLAINT

PI General Order

12/28/2020: PI General Order

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURES AND HEARING DATE

12/28/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURES AND HEARING DATE

Application And Order For Appointment of Guardian Ad Litem - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM FOR REYNA

12/10/2020: Application And Order For Appointment of Guardian Ad Litem - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM FOR REYNA

Declaration - DECLARATION DECLARATION AS SUCCESSOR IN INTEREST PURSUANT TO CCP SECTIONS 377.11 AND 377.32

12/1/2020: Declaration - DECLARATION DECLARATION AS SUCCESSOR IN INTEREST PURSUANT TO CCP SECTIONS 377.11 AND 377.32

Civil Case Cover Sheet

11/25/2020: Civil Case Cover Sheet

Notice of Case Assignment - Unlimited Civil Case

11/25/2020: Notice of Case Assignment - Unlimited Civil Case

7 More Documents Available

 

Docket Entries

  • 11/22/2023
  • Hearing11/22/2023 at 08:30 AM in Department 30 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 05/25/2022
  • Hearing05/25/2022 at 08:30 AM in Department 30 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 05/11/2022
  • Hearing05/11/2022 at 10:00 AM in Department 30 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 10/28/2021
  • Docketat 1:30 PM in Department 30, Jill Feeney, Presiding; Hearing on Motion - Other (Defendant Ford's Motion for an Order Authorizing the Release and Reproduction of the Coroner's Photographs, X-Rays, Radiographs and Related Files) - Held - Motion Granted

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  • 10/28/2021
  • DocketMinute Order ( (HEARING ON MOTION BY DEFENDANT (FORD MOTOR COMPANY), FOR AN O...)); Filed by Clerk

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  • 10/28/2021
  • DocketCertificate of Mailing for ((HEARING ON MOTION BY DEFENDANT (FORD MOTOR COMPANY), FOR AN O...) of 10/28/2021); Filed by Clerk

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  • 10/20/2021
  • DocketNotice (of Non-Opposition to Ford's Motion for an Order Authorizing the Release and Reproduction of the Coroner's Photographs, X-Rays, Radiographs, and Related Files); Filed by Ford Motor Company (Defendant)

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  • 09/13/2021
  • DocketDeclaration (Declaration of Chariese R. Solorio ISO Ford's Motion For An Order Authorizing The Release And Reproduction Of The Coroner's Photographs, X-Rays, Radiographs, And Related Files); Filed by Ford Motor Company (Defendant)

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  • 09/13/2021
  • DocketMotion re: (Ford's Notice Of Motion And Motion For An Order Authorizing The Release And Reproduction Of The Coroner's Photographs, X-Rays, Radiographs, And Related Files); Filed by Ford Motor Company (Defendant)

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  • 08/03/2021
  • DocketAnswer; Filed by County of Los Angeles (Defendant)

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3 More Docket Entries
  • 06/21/2021
  • DocketAmended Complaint ( (1st)); Filed by Kimberly Arnold (Plaintiff); Kimberly Arnold (Plaintiff); Reyna Arnold, a minor, by and through her guardian ad litem, Kimberly Arnold (Plaintiff) et al.

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  • 04/01/2021
  • DocketNotice of Posting of Jury Fees; Filed by Kimberly Arnold (Plaintiff); Kimberly Arnold (Plaintiff); Reyna Arnold, a minor, by and through her guardian ad litem, Kimberly Arnold (Plaintiff) et al.

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  • 12/30/2020
  • DocketSummons (on Complaint); Filed by Kimberly Arnold (Plaintiff); Kimberly Arnold (Plaintiff); Reyna Arnold, a minor, by and through her guardian ad litem, Kimberly Arnold (Plaintiff) et al.

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  • 12/28/2020
  • DocketCertificate of Mailing for ([PI General Order], Standing Order re PI Procedures and Hearing Date); Filed by Clerk

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  • 12/28/2020
  • DocketPI General Order; Filed by Clerk

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  • 12/10/2020
  • DocketApplication And Order For Appointment of Guardian Ad Litem (for Reyna); Filed by Kimberly Arnold (Plaintiff)

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  • 12/01/2020
  • DocketDeclaration (Declaration as Successor In Interest pursuant to CCP Sections 377.11 and 377.32); Filed by Kimberly Arnold (Plaintiff)

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  • 11/25/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 11/25/2020
  • DocketCivil Case Cover Sheet; Filed by Kimberly Arnold (Plaintiff); Kimberly Arnold (Plaintiff); Reyna Arnold, a minor, by and through her guardian ad litem, Kimberly Arnold (Plaintiff) et al.

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  • 11/25/2020
  • DocketComplaint; Filed by Kimberly Arnold (Plaintiff); Kimberly Arnold (Plaintiff); Reyna Arnold, a minor, by and through her guardian ad litem, Kimberly Arnold (Plaintiff) et al.

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Tentative Rulings

b'

Case Number: 20STCV45317 Hearing Date: October 28, 2021 Dept: 30

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Motion for an Order\r\nAuthorizing the Release and Reproduction of the Coroner’s Photographs, X-Rays,\r\nRadiographs, and Related Files filed by Defendant Ford Motor Company

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Background

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This\r\nis a wrongful death action arising from a motor vehicle accident that occurred\r\non October 4, 2019.

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On\r\nNovember 25, 2020, Plaintiffs Kimberly Arnold, individually and as\r\nsuccessor-in-interest to The Estate of Kavin Arnold, and Reyna Arnold, a minor,\r\nby and through her Guardian Ad Litem, Kimberly Arnold (collectively\r\n“Plaintiffs”) filed a complaint against Defendants Ford Motor Company (“Ford”);\r\nDoe Dealership; County of Los Angeles; County of Los Angeles Department of\r\nPublic Works; and State of California for (1) dangerous condition of public\r\nproperty, (2) products negligence, (3) strict products liability, (4) breach of\r\nexpress warranty, (5) breach of implied warranty, and (6) survivor action (CCP\r\n§ 377.60).

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On\r\nJune 21, 2021, Plaintiffs filed a First Amended Complaint for (1) dangerous\r\ncondition of public property, (2) products negligence, (3) strict products\r\nliability, (4) breach of express warranty, and (5) breach of implied warranty.

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On\r\nSeptember 13, 2021, Defendant Ford filed a motion for order authorizing the\r\nrelease and reproduction of the coroner’s photographs, x-rays, radiographs, and\r\nrelated files. Defendant Ford filed a notice of non-opposition on October 20,\r\n2021.

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Summary

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Moving\r\nArguments

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Defendant\r\nFord moves for a court order permitting the release and copying of the\r\nphotographs, x-rays, radiographs, slides, and related files pertaining to the\r\nLos Angeles County coroner’s investigation into the death of Decedent. Defendant also seeks a court order permitting\r\nthe use of the coroner’s photographs and x-rays of Decedent during the\r\ndepositions, hearing, trial or other proceedings in this matter.

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Opposing\r\nArguments

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None\r\nfiled.

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Reply\r\nArguments (Notice of Non-Opposition)

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Defendant\r\nFord indicates no opposition has been filed and request the court grant its\r\nmotion.

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Legal Standard

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CCP section 129 provides the\r\nfollowing, in relevant part:

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  1. Notwithstanding any other law, a copy, reproduction, or facsimile\r\nof any kind of a photograph, negative, or print, including instant photographs\r\nand video recordings, of the body, or any portion of the body, of a deceased\r\nperson, taken by or for the coroner at the scene of death or in the course of a\r\npost mortem examination or autopsy, shall not be made or disseminated except as\r\nfollows:

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  1. For use in a criminal action or proceeding in this state that\r\nrelates to the death of that person.

  2. As a court of this state permits, by order after good cause has\r\nbeen shown and after written notification of the request for the court order\r\nhas been served, at least five days before the order is made, upon the district\r\nattorney of the county in which the post mortem examination or autopsy has been\r\nmade or caused to be made.\r\n\r\n

  3. For use or potential use in a civil action or proceeding in this\r\nstate that relates to the death of that person, if either of the following\r\napplies:\r\n\r\n(A) The coroner receives written authorization from a legal heir or\r\nrepresentative of that person before the action is filed or while the action is\r\npending. To verify the identity of the legal heir or representative, all of the\r\nfollowing shall be provided to the coroner:

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  1. A\r\ndeclaration under penalty of perjury that the individual is a legal heir or\r\nrepresentative of the deceased person.

  2. A valid form\r\nof identification.\r\n\r\n

  3. A certified\r\ndeath certificate.

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(B) A\r\nsubpoena is issued by a party who is a legal heir or representative of the\r\ndeceased person in a pending civil action.

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(Code\r\nCiv. Proc., § 129(a).)

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Discussion

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There are no indications from the\r\nattached proof of service that the moving papers have been served on\r\nco-defendant County of Los Angeles. \r\n(Code Civ. Proc., §§ 1010, 1014.) \r\nAdditionally, while the proof of service attached to the notice of\r\nnon-opposition indicates the notice of non-opposition was served on County of\r\nLos Angeles by email to its counsel, the Court notes that the email address the\r\nnotice of non-opposition was served on (i.e., rrsosval@ccmslaw.com) does not\r\nmatch the email in the court’s record for County of Los Angeles’ counsel (i.e.,\r\nrrosvall@ccllp.law). The Court thus\r\ncannot find co-defendant County of Los Angeles had proper notice of this\r\nmotion.

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Accordingly, the motion is\r\nCONTINUED to November 30, 2021. Defendant Ford is ordered to serve the moving\r\npapers on co-defendant County of Los Angeles and file proof of service of such.

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Defendant Ford is further ordered to give notice of the\r\ncontinuance to all parties who have appeared in this action and file proof of\r\nservice of such.

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