This case was last updated from Los Angeles County Superior Courts on 06/20/2021 at 17:37:22 (UTC).

KING HARRIS, ET AL. VS TODAY'S FRESH START CHARTER SCHOOL

Case Summary

On 11/05/2019 KING HARRIS filed a Personal Injury - Other Personal Injury lawsuit against TODAY'S FRESH START CHARTER SCHOOL. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is EDWARD B. MORETON. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9824

  • Filing Date:

    11/05/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

EDWARD B. MORETON

 

Party Details

Plaintiffs

HARRIS KING

HARRIS TIFFANY AS GUARDIAN AD LITEM FOR MINOR KING HARRIS

Defendant

TODAY'S FRESH START CHARTER SCHOOL

Attorney/Law Firm Details

Plaintiff Attorney

YEAGER KENNETH

Defendant Attorney

MORENO RICHARD

 

Court Documents

Ex Parte Application - EX PARTE APPLICATION TO CONTINUE THE DATE CURRENTLY SET FOR TRIAL AND ALL RELATED EXPERT AND NON-EXPERT DISCOVERY CUT-OFF DATES

4/29/2021: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE THE DATE CURRENTLY SET FOR TRIAL AND ALL RELATED EXPERT AND NON-EXPERT DISCOVERY CUT-OFF DATES

Notice of Ruling

4/30/2021: Notice of Ruling

Informal Discovery Conference Form for Personal Injury Courts

5/3/2021: Informal Discovery Conference Form for Personal Injury Courts

Notice of Motion

7/27/2020: Notice of Motion

Notice of Motion

7/27/2020: Notice of Motion

Motion re: - MOTION RE: DEFENDANT TODAY'S FRESH START CHARTER SCHOOL'S NOTICE OF MOTION AND MOTION FOR AN ORDER TO DEEM THE TRUTH OF MATTERS IN REQUESTS FOR ADMISSIONS (SET ONE) ADMITTED AND CONCLUSIV

12/22/2020: Motion re: - MOTION RE: DEFENDANT TODAY'S FRESH START CHARTER SCHOOL'S NOTICE OF MOTION AND MOTION FOR AN ORDER TO DEEM THE TRUTH OF MATTERS IN REQUESTS FOR ADMISSIONS (SET ONE) ADMITTED AND CONCLUSIV

Notice of Ruling

1/4/2021: Notice of Ruling

Separate Statement

2/19/2021: Separate Statement

Motion to Compel Further Discovery Responses

2/19/2021: Motion to Compel Further Discovery Responses

Reply - REPLY DEFENDANT TODAY'S FRESH START CHARTER SCHOOL'S REPLY IN SUPPORT OF ITS MOTION FOR AN ORDER TO DEEM THE TRUTH OF MATTERS IN REQUESTS FOR ADMISSIONS (SET ONE) ADMITTED AND CONCLUSIVELY EST

2/25/2021: Reply - REPLY DEFENDANT TODAY'S FRESH START CHARTER SCHOOL'S REPLY IN SUPPORT OF ITS MOTION FOR AN ORDER TO DEEM THE TRUTH OF MATTERS IN REQUESTS FOR ADMISSIONS (SET ONE) ADMITTED AND CONCLUSIVELY EST

Notice of Ruling

3/4/2021: Notice of Ruling

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME ...)

4/16/2021: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME ...)

Notice of Ruling - NOTICE OF RULING ON DEFENDANT'S EX PARTE APPLICATION

4/16/2021: Notice of Ruling - NOTICE OF RULING ON DEFENDANT'S EX PARTE APPLICATION

Proof of Personal Service

2/20/2020: Proof of Personal Service

PI General Order

11/27/2019: PI General Order

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

11/27/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURES AND HEARING DATES

Civil Case Cover Sheet

11/5/2019: Civil Case Cover Sheet

Notice of Case Assignment - Unlimited Civil Case

11/5/2019: Notice of Case Assignment - Unlimited Civil Case

20 More Documents Available

 

Docket Entries

  • 11/01/2022
  • Hearing11/01/2022 at 08:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

    Read MoreRead Less
  • 03/25/2022
  • Hearing03/25/2022 at 08:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

    Read MoreRead Less
  • 03/11/2022
  • Hearing03/11/2022 at 10:00 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

    Read MoreRead Less
  • 03/04/2022
  • Hearing03/04/2022 at 10:00 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Further Discovery Responses

    Read MoreRead Less
  • 02/25/2022
  • Hearing02/25/2022 at 11:00 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Informal Discovery Conference (IDC)

    Read MoreRead Less
  • 08/26/2021
  • Hearing08/26/2021 at 08:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Attendance at Deposition

    Read MoreRead Less
  • 05/17/2021
  • Docketat 11:00 AM in Department 27, Edward B. Moreton, Presiding; Informal Discovery Conference (IDC) - Not Held - Taken Off Calendar by Court

    Read MoreRead Less
  • 05/04/2021
  • Docketat 08:30 AM in Department 27, Edward B. Moreton, Presiding; Non-Jury Trial - Not Held - Continued - Stipulation

    Read MoreRead Less
  • 05/03/2021
  • DocketInformal Discovery Conference Form for Personal Injury Courts; Filed by Today's Fresh Start Charter School (Defendant)

    Read MoreRead Less
  • 04/30/2021
  • Docketat 08:30 AM in Department 27, Edward B. Moreton, Presiding; Hearing on Ex Parte Application (TO CONTINUE THE DATE CURRENTLY SET FOR TRIAL AND ALL RELATED EXPERT AND NON-EXPERT DISCOVERY CUT-OFF DATES) - Held - Motion Granted

    Read MoreRead Less
27 More Docket Entries
  • 02/20/2020
  • DocketAnswer; Filed by Today's Fresh Start Charter School (Defendant)

    Read MoreRead Less
  • 02/20/2020
  • DocketNotice of Posting of Jury Fees; Filed by Today's Fresh Start Charter School (Defendant)

    Read MoreRead Less
  • 02/20/2020
  • DocketProof of Personal Service; Filed by King Harris (Plaintiff)

    Read MoreRead Less
  • 12/23/2019
  • DocketSummons (on Complaint); Filed by King Harris (Plaintiff); Tiffany Harris, as guardian ad litem, for minor King Harris (Plaintiff)

    Read MoreRead Less
  • 12/06/2019
  • DocketApplication And Order For Appointment of Guardian Ad Litem; Filed by King Harris (Plaintiff); Tiffany Harris, as guardian ad litem, for minor King Harris (Plaintiff)

    Read MoreRead Less
  • 11/27/2019
  • DocketCertificate of Mailing for ([PI General Order], Standing Order re PI Procedures and Hearing Dates); Filed by Clerk

    Read MoreRead Less
  • 11/27/2019
  • DocketPI General Order; Filed by Clerk

    Read MoreRead Less
  • 11/05/2019
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

    Read MoreRead Less
  • 11/05/2019
  • DocketComplaint; Filed by King Harris (Plaintiff); Tiffany Harris, as guardian ad litem, for minor King Harris (Plaintiff)

    Read MoreRead Less
  • 11/05/2019
  • DocketCivil Case Cover Sheet; Filed by King Harris (Plaintiff); Tiffany Harris, as guardian ad litem, for minor King Harris (Plaintiff)

    Read MoreRead Less

Tentative Rulings

b'

Case Number: 19STCV39824 Hearing Date: August 26, 2021 Dept: 27

\r\n\r\n

SUPERIOR\r\nCOURT OF THE STATE OF CALIFORNIA

\r\n\r\n

FOR\r\nTHE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

\r\n\r\n

\r\n\r\n\r\n \r\n \r\n \r\n \r\n \r\n
\r\n

KING HARRIS, et\r\n al.,

\r\n

Plaintiff(s),

\r\n

vs.

\r\n

\r\n

TODAY’S FRESH START CHARTER SCHOOL, et\r\n al.,

\r\n

\r\n

Defendant(s).

\r\n
\r\n

)

\r\n

)

\r\n

)

\r\n

)

\r\n

)

\r\n

)

\r\n

)

\r\n

)

\r\n

)

\r\n

)

\r\n

)

\r\n
\r\n

\r\n CASE NO.: 19STCV39824

\r\n

\r\n

[TENTATIVE] ORDER RE: DEFENDANT TODAY’S\r\n FRESH START CHARTER SCHOOL’S MOTION FOR AN ORDER COMPELLING PLAINTIFF TO\r\n APPEAR AND TESTIFY AT DEPOSITION

\r\n

\r\n

Dept. 27

\r\n

8:30 p.m.

\r\n

August 26, 2021

\r\n
\r\n\r\n

\r\n\r\n

On November 5, 2019, Plaintiff King Harris, by and\r\nthrough his guardian ad litem, Tiffany Harris, filed this action against\r\nDefendant Today’s Fresh Start Charter School. \r\nPlaintiff alleges that he was physically attacked by a teacher and that\r\nDefendant negligently failed to stop the abuse.

\r\n\r\n

On March 24, 2021, Defendant filed this motion to compel\r\nPlaintiff’s deposition testimony after Plaintiff failed to appear for his properly\r\nnoticed deposition scheduled for March 18, 2021.

\r\n\r\n

In a declaration filed on August 18, 2021, Plaintiff’s\r\ncounsel apologizes for Plaintiff’s failure to appear. Counsel also states that no monetary\r\nsanctions should be imposed on him or his office even though Plaintiff did not\r\nattend his deposition because a contract attorney appeared remotely. (Yeager\r\nDecl., ¶ 2.)

\r\n\r\n

Any\r\nparty may obtain discovery, subject to restrictions, by taking the oral\r\ndeposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is\r\neffective to require a party or party-affiliated deponent to attend and to\r\ntestify, as well as to produce documents for inspection and copying. (Code Civ. Proc., § 2025.280, subd. (a).) “If, after service of a deposition notice, a\r\nparty . . . without having served a valid objection . . . fails to appear for\r\nexamination, or to proceed with it, or to produce for inspection any document .\r\n. . described in the deposition notice, the party giving notice may move for an\r\norder compelling deponent’s attendance and testimony, and the production . . .\r\nof any document . . . described in the deposition notice.” (Code Civ. Proc., § 2025.450, subd. (a).)

\r\n\r\n

Defendant\r\nis entitled to take Plaintiff’s deposition. \r\nIt is undisputed that Plaintiff failed to appear for his\r\ndeposition. Defendant’s motion is\r\ntherefore GRANTED and Plaintiff is ordered to appear for deposition within 20\r\ndays of the date of this order.

\r\n\r\n

The Code of Civil Procedure provides that where a motion\r\nto compel deposition is granted, the court shall impose a monetary sanction in\r\nfavor of the party who noticed the deposition and against the deponent, unless\r\nthe court finds the one subject to sanctions acted with substantial\r\njustification or that other circumstances make the imposition of the sanction\r\nunjust. (Code Civ. Proc., § 2025.450,\r\nsubd. (g)(1).)

\r\n\r\n

Plaintiff’s counsel’s explanation does not provide the\r\nsubstantial justification needed to escape mandatory sanctions. Counsel does not explain whether he attempted\r\nto contact his client or what his role, or that of his contract attorney, was\r\nin ensuring that Plaintiff complied with his discovery obligations, which, in\r\nthe event, he did not. Accordingly, the\r\nCourt GRANTS Defendant’s request for sanctions and imposes monetary sanctions\r\nagainst Plaintiff and counsel of record, jointly and severally, in the reduced amount\r\nof $460, consisting of 2 hours at defense counsel’s hourly rate of $200 and a\r\n$60 filing fee.

\r\n\r\n

\r\n\r\n

Moving\r\nparty to give notice.

\r\n\r\n

\r\n\r\n

Parties\r\nwho intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org\r\nindicating intention to submit on the tentative as directed by the instructions\r\nprovided on the court website at www.lacourt.org.

\r\n\r\n'

Case Number: 19STCV39824    Hearing Date: March 04, 2021    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

KING HARRIS, et al.,

Plaintiff(s),

vs.

TODAY’S FRESH START CHARTER SCHOOL, et al.,

Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

.: 19STCV39824

[TENTATIVE] ORDER RE: DEFENDANT TODAY’S FRESH START CHARTER SCHOOL’S MOTION FOR AN ORDER TO DEEM THE TRUTH OF MATTERS IN REQUESTS FOR ADMISSION (SET ONE) ADMITTED

Dept. 27

8:30 p.m.

March 4, 2021

On November 5, 2019, Plaintiff King Harris, a minor, by and through his guardian ad litem, Tiffany Harris, filed this action against Defendant Today’s Fresh Start Charter School for negligence and premises liability. On July 25, 2020, Defendant served Requests for Admission (Set One). No responses were received. Defendant filed its Motions on December 22, 2020.

Where a party fails to timely respond to a request for admission, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted.  (Code Civ. Proc., § 2033.280, subd. (b).)  The court shall grant a motion to deem admitted requests for admissions, “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.”  (Code Civ. Proc., § 2033.280, subd. (c).)

Plaintiff opposes the Motion and states that responses to the Requests for Admission were served on December 31, 2020.  (Yeager Decl., ¶ 2.)  On reply. Defendant acknowledges that verified responses were served but maintains its request for sanctions.  

Defendant is correct that monetary sanctions in this instance are mandatory.  Where a party fails to provide a timely response to requests for admission, “[i]t is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.”  (Code Civ. Proc., § 2033.280, subd. (c).)

Accordingly, the Court imposes monetary sanctions against Plaintiff and counsel of record, jointly and severally, in the amount of $360, consisting of 1.5 hours at defense counsel’s hourly rate of $200 and a $60 filing fee, to be paid within 20 days of the date of this Order. 

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  

Dated this 4th day of March 2021

Hon. Edward B. Moreton, Jr.

Judge of the Superior Court

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where TODAY'S FRESH START INC. A CALIFORNIA NON-PROFIT BENEFIT CORPORATION is a litigant

Latest cases represented by Lawyer MORENO RICHARD C.