LUPE VASQUEZ ET AL VS FASTRANS SHUTTLE LLC ET AL

Tentative Rulings

Case Number: BC670532    Hearing Date: February 14, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff served a sixth Notice of Deposition and Request for Production of Documents on Defendant Fastrans Shuttle, LLC (“Fastrans”) on October 7, 2019. The Notice indicated an intent to depose Fastrans’s PMK concerning 22 issues and request for production of 36 documents. It was noticed for October 16, 2019. There have been five previous notices and was rescheduled to accommodate Fastrans. Plaintiff attempted to schedule depositions with Defendant multiple times preceding the October 16, 2019 deposition. At the October 16, 2019 deposition, Fastrans produced Robert Greer as the deponent. Mr. Greer attests that he is not, nor never was, an employee of Fastrans. Mr. Greer further attests that he represented SuperShuttle and Transdev, and that Fastrans was an independent contractor. This motion therefore follows. No opposition was filed.

The motion to compel deposition is granted.  CCP §2025.450(a).  Plaintiff’s Counsel and Defense Counsel are ordered to work together to schedule a time, date, and location for Defendant’s PMK deposition(s).  The deposition(s) must go forward within twenty days.  If Counsel are unable to resolve this issue, Plaintiff’s Counsel may set the deposition on Plaintiff’s Counsel’s terms with ten days’ notice to Defense Counsel (additional notice per Code if notice is by other than personal service). 

Plaintiff also moves the Court for an order to compel production of documents. Plaintiff’s Notice contains 36 document requests. The Court finds Plaintiff set forth sufficient specific facts showing good cause justifying the production of requested documents. CCP §2025.450(b). Accordingly, the motion to compel production of documents is granted.

Plaintiff seeks sanctions against Defendant and its attorneys of record in the amount of $2,160.00.  Sanctions are mandatory.  §2025.450(c).  Plaintiff’s attorney bills at the rate of $300/hour.  The Court awards three hours to prepare the moving papers and meeting and conferring.  No opposition was filed and therefore no reply was necessary.  The Court therefore awards three hours of attorney time at the rate of $300/hour, or $900 in attorneys’ fees.  The Court awards the requested $60 filing/processing fee, for the total amount of $960. The Court also awards $1,500.90, the costs associated with deposing Mr. Greer.

Sanctions are sought and imposed against Fastrans and its attorney of record, jointly and severally; they are ordered to pay sanctions to Plaintiff, by and through her attorney of record, in the amount of $2,460.9, within twenty days.

Parties who intend to submit on this tentative must send an email to the court at SSCDEPT31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.

Case Number: BC670532    Hearing Date: February 03, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs, Lupe, Alberto, and Maria Vasquez filed this action against Defendants, Fastrans Shuttle, LLC, Transdev North America, Inc., and Samer Mohammad Dali Alshloul for damages arising out of an automobile accident. Plaintiff filed the original complaint on 7/31/17, and the parties have previously stipulated to continue the trial date. On 12/19/19, Plaintiffs added SuperShuttle Los Angeles, Inc. as Doe 1.

Trial is currently scheduled for 3/30/20. Plaintiffs move to continue trial. They move largely based on the fact that SuperShuttle was only recently added to the action. They also show that discovery is ongoing, and that the parties desire to participate in mediation.

The Court finds Defendant’s very recent addition to the case constitutes good cause for a continuance of the trial date. The Court finds the request to continue the action to September of 2020 reasonable, as defendants typically have more than one year to prepare for trial once named in civil actions.

The 3/20/20 trial date is advanced to today’s date and continued to Wednesday, 9/30/20 at 8:30 a.m. in Department 31 of the Spring Street Courthouse. The 3/16/20 FSC date is advanced to today’s date and continued to 9/16/20 at 10:00 a.m. in Department 31. All discovery cut-off deadlines are continued to reflect the new trial date. Plaintiffs are ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.