This case was last updated from Los Angeles County Superior Courts on 06/03/2019 at 01:57:07 (UTC).

S NAZARYAN ET AL VS GLENDALE UNIFIED SCHOOL DISTRICT ET AL

Case Summary

On 04/18/2017 S NAZARYAN filed a Personal Injury - Other Personal Injury lawsuit against GLENDALE UNIFIED SCHOOL DISTRICT. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are WILLIAM D. STEWART and PATRICIA D. NIETO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7944

  • Filing Date:

    04/18/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

WILLIAM D. STEWART

PATRICIA D. NIETO

 

Party Details

Defendants, Respondents and Cross Defendants

DOES 1-100

HAGOPIAN DEREK

LOS ANGELES COUNTY OF

GLENDALE CITY OF

GLENDALE UNIFIED SCHOOL DISTRICT

CITY OF GLENDALE

COUNTY OF LOS ANGELES

HACOPIAN GAYANE (DOE 1)

HACOPIAN GAYANE DOE 1

HAGOPIAN GALOUST

HAGOPIAN GALOUST (DOE 2)

HAGOPIAN GALOUST DOE 2

Defendants, Respondents and Cross Plaintiffs

GLENDALE UNIFIED SCHOOL DISTRICT

HACOPIAN GAYANE DOE 1

Guardian Ad Litem

KARAPETYAN ANNA

Minors

NAZARYAN S

NAZARYAN S.

Attorney/Law Firm Details

Defendant and Cross Plaintiff Attorneys

DOUMANIAN & ASSOCIATES

DOUMANIAN NANCY P. ESQ.

Defendant and Respondent Attorney

DOUMANIAN NANCY P. ESQ.

Minor Attorney

BELORYAN & MANUKYAN LLP

 

Court Documents

Case Management Statement

7/11/2018: Case Management Statement

Declaration

7/17/2018: Declaration

Proof of Personal Service

8/1/2018: Proof of Personal Service

Case Management Statement

11/26/2018: Case Management Statement

Notice of Ruling

12/11/2018: Notice of Ruling

Declaration

4/25/2019: Declaration

DECLARATION OF NON SERVICE

10/25/2017: DECLARATION OF NON SERVICE

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

4/18/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

SUMMONS

5/9/2017: SUMMONS

PROOF OF SERVICE SUMMONS

6/7/2017: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE OF SUMMONS

6/9/2017: PROOF OF SERVICE OF SUMMONS

Unknown

7/14/2017: Unknown

DEFENDANT GLENDALE UNIFIED SCHOOL DISTRICT'S ANSWER TO COMPLAINT

7/14/2017: DEFENDANT GLENDALE UNIFIED SCHOOL DISTRICT'S ANSWER TO COMPLAINT

DEFENDANT GLENDALE UNIFIED SCHOOL DISTRICT NOTICE OF POSTING JURY FEES

7/14/2017: DEFENDANT GLENDALE UNIFIED SCHOOL DISTRICT NOTICE OF POSTING JURY FEES

NOTICE OF POSTING JURY FEES

7/19/2017: NOTICE OF POSTING JURY FEES

Proof of Service of Summons and Complaint

9/11/2017: Proof of Service of Summons and Complaint

Minute Order

9/11/2017: Minute Order

DEFENDANT DEREK HAGOPIAN'S ANSWER TO PLAINTIFF'S COMPLAINT

9/14/2017: DEFENDANT DEREK HAGOPIAN'S ANSWER TO PLAINTIFF'S COMPLAINT

27 More Documents Available

 

Docket Entries

  • 05/24/2019
  • at 08:30 AM in Department A, William D. Stewart, Presiding; Hearing on Motion for Summary Judgment - Not Held - Rescheduled by Party

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  • 04/25/2019
  • Motion for Summary Judgment; Filed by Glendale Unified School District (Defendant)

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  • 04/25/2019
  • Declaration (of Nancy Doumanian in Supp of MSJ); Filed by Glendale Unified School District (Legacy Party)

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  • 04/25/2019
  • Request for Judicial Notice; Filed by Glendale Unified School District (Defendant)

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  • 04/25/2019
  • Separate Statement; Filed by Glendale Unified School District (Legacy Party)

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  • 04/18/2019
  • Separate Statement; Filed by Hacopian, Gayane (Doe 1) (Legacy Party)

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  • 04/18/2019
  • Motion for Summary Adjudication; Filed by Hacopian, Gayane (Doe 1) (Legacy Party)

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  • 12/11/2018
  • at 08:30 AM in Department A, William D. Stewart, Presiding; Case Management Conference (continued to and/or) - Held

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  • 12/11/2018
  • Notice of Ruling; Filed by Glendale Unified School District (Legacy Party)

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  • 12/11/2018
  • Minute Order ((Case Management Conference)); Filed by Clerk

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155 More Docket Entries
  • 05/09/2017
  • Summons Issued; Filed by Clerk

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  • 05/09/2017
  • SUMMONS

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  • 04/24/2017
  • Ord Apptng Guardian Ad Litem (FOR SAMUEL NAZARYAN ); Filed by Attorney for Pltf/Petnr

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  • 04/24/2017
  • Ord Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 04/18/2017
  • Application ; Filed by Plaintiff/Petitioner

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  • 04/18/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

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  • 04/18/2017
  • COMPLAINT FOR DAMAGES BASED ON: 1. ASSAULT/BATTERY; ETC.

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  • 04/18/2017
  • Application-Miscellaneous (FOR S. NAZARYAN GUARDIAN AD LITEM ); Filed by Attorney for Pltf/Petnr

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  • 04/18/2017
  • Complaint

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  • 04/18/2017
  • Complaint; Filed by null

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Tentative Rulings

Case Number: BC657944    Hearing Date: January 10, 2020    Dept: A

Nazaryan v Glendale USD

Motion to Compel Deposition (x2)

Calendar:

11

Case No.:

BC657944

Hearing Date:

January 10, 2020

Action Filed:

April 18, 2017

Trial Date:

April 06, 2020

MP:

Plaintiff S. Nazaryan, a minor, by and through his guardian ad litem Anna Karapetyan

RP:

N/A

ALLEGATIONS:

The instant action arises out of personal injuries suffered by Plaintiff S. Nazaryan (“Plaintiff”), as alleged by and through his guardian ad litem Anna Karapetyan, when Defendant Derek Hagopian (“Derek”) allegedly assaulted and battered Plaintiff on the grounds of Herbert Hoover High School, which part of Defendant Glendale Unified School District (“GUSD”) on or about April 20, 2016, at approximately 11:30 AM.

Plaintiff filed his Complaint on April 18, 2017, alleging five causes of action for (1) Assault/Battery, (2) Intentional Infliction of Emotional Distress (“IIED”), (3) Negligence, (4) Negligent Supervision of Students, and (5) Negligent Hiring, Training, Supervision, and Retention of Employees.

GUSD filed a Cross-Complaint on July 14, 2017, against Derek and Doe guardians of Hagopian, alleging five causes of action for (1) Indemnity, (2) Declaratory Relief, (3) Negligence, (4) Statutory Parental Liability (Civ. Code §1714.1), and (5) Assault & Battery.

Doe 1, Gayane Hacopian (“Gayane”), filed a Cross-Complaint against GUSD on May 24, 2018, alleging three causes of action for (1) Indemnification, (2) Apportionment of Fault, and (3) Declaratory Relief.

PRESENTATION:

Plaintiff filed the instant motions on December 10, 2019. No opposition has been received, and Plaintiff filed a notice of non-opposition on each motion on January 07, 2020.

RELIEF REQUESTED:

Plaintiff moves to compel the deposition of Dr. Jennifer Earl together with $2,160.00 in sanctions.

Plaintiff moves to compel the deposition of Haig Eulmessekian together with $2,160.00 in sanctions.

DISCUSSION:

Standard of Review – Code of Civil Procedure §2025.450 permits a party to seek a motion to compel a deposition where a deponent fails to appear or produce documents at a deposition. The motion is permissible after a party fails to appear without having served a valid objection pursuant to Code of Civil Procedure §2025.410. Code of Civil Procedure §2025.450(a). The motion must include specific facts demonstrating good cause for the production of documents or items, and must be accompanied by a declaration setting forth facts demonstrating that a good faith and reasonable attempt at informal resolution has been made. Code of Civil Procedure §2025.450(b). Monetary sanctions are mandatory against an unsuccessful moving or opposing party unless they acted with substantial justification or imposition of sanctions would be unjust. Code of Civil Procedure §2025.450(g)(1).

Both of the proposed deponents are non-retained expert witnesses of GUSD. Pursuant to Code of Civ. Proc. §2034.410, “[o]n receipt of an expert witness list from a party, any other party may take the deposition of any person on the list.” Plaintiff represents that they noticed the deposition of each person subject to the instant motions on or around September 23, 2019, but that GUSD sought to withdraw both from the expert witness list following the notice of depositions. Plaintiff represents that both proposed deponents nevertheless remain named as non-retained expert witnesses on GUSD’s expert witness list. Motion, pp. 3-4.

Without opposition, and pursuant to the plain language in the Code permitting the deposition of any person identified on an expert witness list, the Court will grant the motions.

Sanctions – While sanctions are mandatory, the Court considers 3 hours each for largely identical motions is excessive, nor is the Court inclined to permit a total of 4 hours for travel time and appearance at oral arguments. As such, the Court will permit a total of 4 hours for both motions at the provided rate of $350/hr, together with $120 in filing fees for the motions, resulting in a total award of sanctions in the amount of $1,520.00.

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RULING: See below

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records.

ORDER

Plaintiff S. Nazaryan, a minor, by and through his guardian ad litem Anna Karapetyan’s Motions to Compel Depositions came on regularly for hearing on January 10, 2020, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows:

THE MOTIONS ARE GRANTED, AND SANCTIONS ARE AWARDED IN THE AMOUNT OF $1,520.00.

DATE: _______________ _______________________________

JUDGE