This case was last updated from Los Angeles County Superior Courts on 05/28/2019 at 00:25:00 (UTC).

LEILA MIYAMOTO-WORKMAN ET AL VS SERVICES GROUP OF AMERICA IN

Case Summary

On 10/31/2017 LEILA MIYAMOTO-WORKMAN filed a Personal Injury - Motor Vehicle lawsuit against SERVICES GROUP OF AMERICA IN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN I. GOORVITCH. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1937

  • Filing Date:

    10/31/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

STEPHEN I. GOORVITCH

 

Party Details

Plaintiffs, Petitioners and Guardian Ad Litems

MIYAMOTO JACK

MIYAMOTO-WORKMAN LEILA

Defendants and Respondents

ALMAZAN DANIEL

FOOD SERVICES OF AMERICA INC.

SERVICES GROUP OF AMERICA INC

DOES 1 TO 50

SYSTEMS SERVICES OF AMERICA INC - DOE 1

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

M.R. PARKER LAW PC

KAWAI JOHN A. ESQ.

ROWLEY NICHOLAS C. ESQ.

Defendant Attorneys

SCHONBUCH MICHAEL NEIL

FOX DANA ALDEN

 

Court Documents

Motion in Limine

4/9/2019: Motion in Limine

Motion in Limine

4/9/2019: Motion in Limine

Motion in Limine

4/9/2019: Motion in Limine

Motion in Limine

4/9/2019: Motion in Limine

Motion in Limine

4/9/2019: Motion in Limine

Motion in Limine

4/9/2019: Motion in Limine

Motion in Limine

4/9/2019: Motion in Limine

Motion in Limine

4/12/2019: Motion in Limine

Motion in Limine

4/12/2019: Motion in Limine

Motion in Limine

4/12/2019: Motion in Limine

Minute Order

4/16/2019: Minute Order

Opposition

4/16/2019: Opposition

Opposition

4/16/2019: Opposition

Opposition

4/16/2019: Opposition

Notice of Ruling

4/18/2019: Notice of Ruling

ANSWER TO COMPLAINT AND DEMAND FOR JURY

1/29/2018: ANSWER TO COMPLAINT AND DEMAND FOR JURY

AMENDMENT TO COMPLAINT

7/30/2018: AMENDMENT TO COMPLAINT

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

10/31/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

46 More Documents Available

 

Docket Entries

  • 04/30/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 04/18/2019
  • Notice of Ruling; Filed by Daniel Almazan (Defendant); Systems Services of America, Inc - DOE 1 (Defendant)

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  • 04/16/2019
  • at 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 04/16/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Ex Parte Application (For an order compelling plaintiff's independent medical examination (Neuro-ophthalmology) and for an order continuing trial date) - Held - Motion Granted

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  • 04/16/2019
  • Opposition (OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE NO. 9); Filed by Daniel Almazan (Defendant); Systems Services of America, Inc - DOE 1 (Defendant)

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  • 04/16/2019
  • Opposition (OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE NO. 7); Filed by Daniel Almazan (Defendant); Systems Services of America, Inc - DOE 1 (Defendant)

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  • 04/16/2019
  • Ex Parte Application (For an order compelling plaintiff's independent medical examination (Neuro-ophthalmology) and for an order continuing trial date); Filed by Daniel Almazan (Defendant); Systems Services of America, Inc - DOE 1 (Defendant)

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  • 04/16/2019
  • Minute Order ( (Final Status Conference; Hearing on Ex Parte Application For ...)); Filed by Clerk

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  • 04/16/2019
  • Plaintiffs' opposition and non-opposition to defendants' ex parte application for an order compelling plaintiffs' independent medical examination (neuro-ophthalmologogy) and for an order continuing trial date; Filed by Leila Miyamoto-Workman (Plaintiff); Jack Miyamoto (Plaintiff)

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  • 04/16/2019
  • Opposition (OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE NO. 4); Filed by Daniel Almazan (Defendant); Systems Services of America, Inc - DOE 1 (Defendant)

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56 More Docket Entries
  • 01/29/2018
  • CIVIL DEPOSIT

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  • 12/22/2017
  • Proof-Service/Summons; Filed by Leila Miyamoto-Workman (Plaintiff); Jack Miyamoto (Plaintiff)

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  • 12/22/2017
  • PROOF OF SERVICE SUMMONS

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  • 12/08/2017
  • Summons Issued; Filed by Clerk

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  • 12/08/2017
  • Summons; Filed by Clerk

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  • 12/08/2017
  • SUMMONS

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  • 11/27/2017
  • EX PARTE APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

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  • 11/27/2017
  • Application ; Filed by Plaintiff/Petitioner

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  • 10/31/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 10/31/2017
  • Complaint; Filed by Leila Miyamoto-Workman (Plaintiff); Jack Miyamoto (Plaintiff)

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Tentative Rulings

Case Number: BC681937    Hearing Date: December 16, 2019    Dept: 5

 

Superior Court of California

County of Los Angeles

Department 5

leila miyamoto-workman, et al.,

Plaintiffs,

v.

systems services of america, inc., et al.

Defendants.

Case No.: BC681937

Hearing Date: December 16, 2019

[TENTATIVE] order RE:

defendants’ Motion to compel production of vehicle for inspection

Defendants Systems Services of America, Inc. and Daniel Almazan (“Defendants”) move to compel third party Armin Rivera (“Rivera”) to produce his vehicle, a 2008 Toyota Sienna with California license plate number 6RLJ016 and VIN 5TDZK23CX8579443 for inspection. This motion originally was noticed for hearing on November 14, 2019. However, Defendants did not demonstrate that they personally served this motion on Rivera, or that Rivera agreed to accept service via overnight delivery, as required by California Rules of Court, rule 3.1346. Therefore, the Court continued the hearing on this motion to December 16, 2019. The Court ordered Defendants “to serve Rivera personally with the motion, as well as notice of the date/time/location of the hearing.” (Court’s Order of November 14, 2019.)

Defendants failed to do so. Even though the Court issued this order on November 14, 2019, Defendants did not provide notice until December 9, 2019. This is only five court days before the hearing, which did not afford Mr. Rivera sufficient time to oppose the motion. More important, Defendants did not serve the motion on Mr. Rivera, as ordered by the Court. Nor did Defendants serve the motion or the notice personally on Mr. Rivera, as ordered by the Court and required by Rule 3.1346. Therefore, the Court denies this motion.

Although this ruling is without prejudice, the Court does not intend to continue the trial date to afford Defendants an opportunity to conduct this inspection because Defendants have been dilatory. Defendants repeatedly failed to serve Mr. Rivera personally, as required by Rule 3.1346, even after being expressly ordered to do so by the Court. Therefore, Defendants have created their own problem.

The Court’s clerk shall provide notice.

DATED: December 16, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

Case Number: BC681937    Hearing Date: November 14, 2019    Dept: 5

 

Superior Court of California

County of Los Angeles

Department 5

leila miyamoto-workman, et al.,

Plaintiffs,

v.

systems services of america, inc., et al.

Defendants.

Case No.: BC681937

Hearing Date: November 14, 2019

[TENTATIVE] order RE:

defendants’ Motion to compel production of vehicle for inspection

Background

Defendants Systems Services of America, Inc. and Daniel Almazan (“Defendants”) move to compel third party Armin Rivera (“Rivera”) to produce his vehicle, a 2008 Toyota Sienna with California license plate number 6RLJ016 and VIN 5TDZK23CX8579443 for inspection. The hearing on this motion is continued.

LEGAL STANDARD

Code of Civil Procedure § 1987.1 provides, “[i]f a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion . . . 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.” (Code Civ. Proc., § 1987.1.)

DISCUSSION

Defendants personally served Rivera with a subpoena for production of the vehicle on April 25, 2019. Rivera ignored the subpoena. Personal service of the subpoena compels Rivera to produce the vehicle for inspection. (See Code Civ. Proc., § 2020.220, subds. (b)-(c).) However, Defendants have not demonstrated that they personally served this motion on Rivera, or that Rivera agreed to accept service via overnight delivery, as required by California Rules of Court, rule 3.1346. Therefore, the Court cannot grant relief.

CONCLUSION AND ORDER

The Court continues the hearing on this motion to December 16, 2019, at 1:30 p.m. The Court orders Defendants to serve Rivera personally with the motion, as well as notice of the date/time/location of the hearing. Any opposition by Rivera shall be due within statutory time periods. The Court’s clerk shall provide notice.

DATED: November 12, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court