This case was last updated from Los Angeles County Superior Courts on 08/02/2020 at 12:15:21 (UTC).

NAKATA FITCH ET AL VS GRACE YOUNGERS ET AL

Case Summary

On 06/08/2018 NAKATA FITCH filed a Personal Injury - Motor Vehicle lawsuit against GRACE YOUNGERS. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are LAURA A. SEIGLE, GREGORY KEOSIAN and EDWARD B. MORETON. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9481

  • Filing Date:

    06/08/2018

  • 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 Judges

LAURA A. SEIGLE

GREGORY KEOSIAN

EDWARD B. MORETON

 

Party Details

Plaintiff, Petitioner and Guardian Ad Litem

FITCH NAKATA

Defendants and Respondents

DOES 1 TO 20

YOUNGERS SIDNEY

YOUNGERS GRACE

Minor

FITCH LEIGH

Attorney/Law Firm Details

Plaintiff, Petitioner and Minor Attorneys

LAW OFFICES OF C. VALERIE IBE INC.

IBE CHINYERE VALERIE

IBE C. VALERIE

Defendant Attorney

JOHNSON SPENCER

 

Court Documents

Notice of Ruling - NOTICE OF RULING RULING RE DEFENDANTS GRACE YOUNGERS AND SIDNEY YOUNGERS'S MOTION TO COMPEL DEPOSITION OF PLAINTIFFS NAKATA AND LEIGH FITCH

6/25/2020: Notice of Ruling - NOTICE OF RULING RULING RE DEFENDANTS GRACE YOUNGERS AND SIDNEY YOUNGERS'S MOTION TO COMPEL DEPOSITION OF PLAINTIFFS NAKATA AND LEIGH FITCH

Memorandum of Points & Authorities

3/13/2020: Memorandum of Points & Authorities

Case Management Order

3/10/2020: Case Management Order

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

3/10/2020: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

Case Management Statement

2/20/2020: Case Management Statement

Motion to Compel - MOTION TO COMPEL PLAINTIFF'S DEPOSITION VIA VIDEOTAPE

2/4/2020: Motion to Compel - MOTION TO COMPEL PLAINTIFF'S DEPOSITION VIA VIDEOTAPE

Response - RESPONSE RESPONSE IN OPPOSITION TO DEFENDANTS' EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME OR IN THE ALTERNATIVE CONTINUE TRIAL DATE

2/5/2020: Response - RESPONSE RESPONSE IN OPPOSITION TO DEFENDANTS' EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME OR IN THE ALTERNATIVE CONTINUE TRIAL DATE

Informal Discovery Conference Form for Personal Injury Courts

12/3/2019: Informal Discovery Conference Form for Personal Injury Courts

Declaration - DECLARATION OF SIDNEY YOUNGER

11/25/2019: Declaration - DECLARATION OF SIDNEY YOUNGER

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL FURTHER DISCOVERY RESPONSES)

10/31/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL FURTHER DISCOVERY RESPONSES)

Motion to Continue Trial Date

8/28/2019: Motion to Continue Trial Date

Memorandum of Points & Authorities

8/28/2019: Memorandum of Points & Authorities

Notice - NOTICE DEFENDANT'S NORICE OF WITHDRAWAL OF MOTION TO COMPEL INDEPENDENT MEDICAL EXAMINATION OF PLAINTIFFS AND REQUEST FOR SANCTIONS

7/31/2019: Notice - NOTICE DEFENDANT'S NORICE OF WITHDRAWAL OF MOTION TO COMPEL INDEPENDENT MEDICAL EXAMINATION OF PLAINTIFFS AND REQUEST FOR SANCTIONS

Memorandum of Points & Authorities

7/23/2019: Memorandum of Points & Authorities

Minute Order - MINUTE ORDER (INFORMAL DISCOVERY CONFERENCE (IDC))

6/24/2019: Minute Order - MINUTE ORDER (INFORMAL DISCOVERY CONFERENCE (IDC))

Motion to Quash

5/21/2019: Motion to Quash

Answer

12/18/2018: Answer

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

6/18/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

52 More Documents Available

 

Docket Entries

  • 10/12/2021
  • Hearing10/12/2021 at 09:00 AM in Department 61 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 10/04/2021
  • Hearing10/04/2021 at 09:00 AM in Department 61 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 08/18/2021
  • Hearing08/18/2021 at 09:00 AM in Department 61 at 111 North Hill Street, Los Angeles, CA 90012; Post-Mediation Status Conference

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  • 06/26/2020
  • DocketNotice (of Ruling); Filed by Grace Youngers (Defendant); Sidney Youngers (Defendant)

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  • 06/25/2020
  • Docketat 2:00 PM in Department 61, Gregory Keosian, Presiding; Hearing on Motion to Compel (Plaintiff Nakata Fitch's Deposition via Videotape) - Held

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  • 06/25/2020
  • DocketMinute Order ( (Hearing on Motion to Compel Plaintiff Nakata Fitch's Depositi...)); Filed by Clerk

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  • 06/25/2020
  • DocketNotice of Ruling (Ruling Re Defendants Grace Youngers and Sidney Youngers's Motion to Compel Deposition of Plaintiffs Nakata and Leigh Fitch); Filed by Clerk

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  • 05/07/2020
  • DocketNotice of Change of Firm Name; Filed by Grace Youngers (Defendant); Sidney Youngers (Defendant)

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  • 04/27/2020
  • Docketat 09:00 AM in Department 61, Gregory Keosian, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Taken Off Calendar by Party

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  • 04/23/2020
  • Docketat 09:00 AM in Department 61, Gregory Keosian, Presiding; Hearing on Motion to Compel (Plaintiff Nakata Fitch's Deposition via Videotape) - Not Held - Rescheduled by Court

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71 More Docket Entries
  • 06/12/2019
  • DocketMotion to Quash; Filed by Nakata Fitch (Plaintiff); Leigh Fitch (Plaintiff)

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  • 05/21/2019
  • DocketNotice of Posting of Jury Fees; Filed by Nakata Fitch (Plaintiff); Leigh Fitch (Plaintiff)

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  • 05/21/2019
  • DocketMotion to Quash; Filed by Nakata Fitch (Plaintiff); Leigh Fitch (Plaintiff)

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  • 12/18/2018
  • DocketNotice of Deposit - Jury; Filed by Grace Youngers (Defendant); Sidney Youngers (Defendant)

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  • 12/18/2018
  • DocketAnswer; Filed by Grace Youngers (Defendant); Sidney Youngers (Defendant)

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  • 11/15/2018
  • DocketSummons (on Complaint)

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  • 06/18/2018
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 06/18/2018
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

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  • 06/08/2018
  • DocketComplaint; Filed by Nakata Fitch (Plaintiff)

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  • 06/08/2018
  • DocketCOMPLAINT FOR PERSONAL INJURIES, ETC

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Tentative Rulings

Case Number: BC709481    Hearing Date: October 31, 2019    Dept: 4B

[TENTATIVE] ORDER RE MOTION TO COMPEL FURTHER RESPONSES

On July 8, 2019, Plaintiff filed a motion to compel further responses seeking, among other things, Defendant’s cell phone records. On August 14, 2019, the Court granted the motion and ordered:

“Texts, emails and calls around the time of the accident could be relevant to show that Defendant was distracted.  At the IDC, the period of 2 to 3:30 p.m. was identified as the pertinent time period.  Accordingly, the motion to compel further responses to Special Interrogatory Nos. 6-7 and Request Nos. 3-5 is GRANTED.  Defendant is to produce cell phone records showing the times of any calls she made or received, the length of the phone calls, and the times of any texts she sent or received, as well as email records showing the times of any emails she sent or received, between 2 pm and 3:30 pm on the day of the accident.  Plaintiffs have not shown that the substance of the texts or emails are discoverable.”

Plaintiff has now filed another motion to compel arguing that Defendant failed to produce the documents and interrogatory responses. Plaintiff’s counsel contends defense counsel told her that Defendant will not produce the cell phone records because “it costs money” and that Plaintiff can subpoena them. This response suggests the cell phone records still exist. Defendant asserts in opposition that the cell phone records from August 24, 2017 are too old and no longer retained by the cell phone carrier. However, defense counsel did not submit a declaration providing any evidence of this assertion.

Cell phone records maintained by Defendant’s cell phone carrier are within her control, i.e., she can contact the carrier and ask for copies of her records. If Defendant contends the cell phone carrier told her the records for August 24, 2017 no longer exist, Defendant shall file a declaration within twenty days from the date of this order detailing (1) who on Defendant’s behalf spoke to or contacted the cell phone carrier, (2) the name of the person at the carrier with whom Defendant or Defendant’s representative communicated, (3) the date of the communication, (4) what Defendant requested of the carrier, and (5) the substance of the carrier’s response. If Defendant can obtain the cell phone records for August 24, 2017 from the carrier, even if she needs to pay a fee to obtain the records, Defendant is to produce the records within 20 days of the date of this order. If the cell phone carrier requires Defendant to pay a fee to obtain her records, the Court reserves the right to re-allocate that fee to Plaintiff.

The requests for sanctions are DENIED at this time because it is unclear whether the August 24, 2017 cell phone records are still in existence at the carrier.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.