This case was last updated from Los Angeles County Superior Courts on 06/28/2019 at 10:20:16 (UTC).

TAMMY METZGER VS BRANDMEYER, GILLIGAN, DOCKSTADER, LLP

Case Summary

On 07/05/2017 TAMMY METZGER filed a Contract - Other Contract lawsuit against BRANDMEYER, GILLIGAN, DOCKSTADER, LLP. This case was filed in Los Angeles County Superior Courts, Governor George Deukmejian Courthouse located in Los Angeles, California. The Judges overseeing this case are MICHAEL P. VICENCIA and MARK C. KIM. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1264

  • Filing Date:

    07/05/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MICHAEL P. VICENCIA

MARK C. KIM

 

Party Details

Plaintiff and Cross Defendant

METZGER TAMMY

Defendants and Cross Plaintiffs

DOES 1 THROUGH 25 INCLUSIVE

BRANDMEYER GILLIGAN & DOCKSTADER LLP

GILLIGAN JOHN

KNEZ MATTHEW J.

DOCKSTADER JANET

Attorney/Law Firm Details

Plaintiff and Cross Defendant Attorney

KNEZ MATTHEW JAMES

Defendant Attorneys

FORD WALKER HAGGERTY & BEHER

HAGGERTY WILLIAM CLIFFORD

REBACK ROBERT C

Cross Plaintiff Attorney

BEHAR JEFFREY S

Other Attorneys

TAMMY METZGER

 

Court Documents

Answer

6/18/2019: Answer

Order

7/5/2017: Order

Complaint

7/5/2017: Complaint

Summons

7/5/2017: Summons

Notice of Case Management Conference

7/5/2017: Notice of Case Management Conference

Notice of Case Assignment - Unlimited Civil Case

7/5/2017: Notice of Case Assignment - Unlimited Civil Case

Civil Case Cover Sheet

7/5/2017: Civil Case Cover Sheet

Legacy Document

8/31/2017: Legacy Document

Legacy Document

10/13/2017: Legacy Document

Legacy Document

10/13/2017: Legacy Document

Legacy Document

10/27/2017: Legacy Document

Legacy Document

11/2/2017: Legacy Document

Minute Order

11/9/2017: Minute Order

Notice of Ruling

11/13/2017: Notice of Ruling

Case Management Statement

11/20/2017: Case Management Statement

Case Management Statement

11/30/2017: Case Management Statement

Minute Order

12/4/2017: Minute Order

Amended Complaint

12/11/2017: Amended Complaint

90 More Documents Available

 

Docket Entries

  • 06/18/2019
  • DocketAnswer; Filed by TAMMY METZGER (Cross-Defendant)

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  • 06/17/2019
  • Docketat 08:30 AM in Department S27, Mark C. Kim, Presiding; Jury Trial - Not Held - Continued - Party's Motion

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  • 06/07/2019
  • Docketat 08:30 AM in Department S27, Mark C. Kim, Presiding; Final Status Conference - Not Held - Continued - Party's Motion

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  • 05/17/2019
  • DocketOrder (Proposed Order re Ex Parte Application); Filed by Janet Dockstader (Defendant); John Gilligan (Defendant)

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  • 05/16/2019
  • DocketFirst Amended Cross-Complaint; Filed by BRANDMEYER,GILLIGAN & DOCKSTADER, LLP (Cross-Complainant); BRANDMEYER,GILLIGAN & DOCKSTADER, LLP (Cross-Complainant)

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  • 05/16/2019
  • DocketSummons on First Amended Cross-Complaint; Filed by BRANDMEYER,GILLIGAN & DOCKSTADER, LLP (Cross-Complainant)

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  • 05/15/2019
  • DocketNotice of Ruling; Filed by BRANDMEYER,GILLIGAN & DOCKSTADER, LLP (Cross-Complainant)

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  • 05/14/2019
  • Docketat 08:30 AM in Department S27, Mark C. Kim, Presiding; Hearing on Motion for Leave to Amend (Leave to File First Amended Cross-Complaint) - Held - Motion Granted

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  • 05/14/2019
  • DocketTentative Ruling and Final Order; Filed by Clerk

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  • 05/14/2019
  • DocketMinute Order ( (Hearing on Motion for Leave to Amend Leave to File First Amen...)); Filed by Clerk

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125 More Docket Entries
  • 10/27/2017
  • DocketProof of Service (not Summons and Complaint); Filed by TAMMY METZGER (Plaintiff)

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  • 10/13/2017
  • DocketNotice of Hearing on Demurrer; Filed by Defendant

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  • 10/13/2017
  • DocketNotice of Motion; Filed by BRANDMEYER,GILLIGAN & DOCKSTADER, LLP (Defendant)

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  • 08/31/2017
  • DocketRtn of Service of Summons & Compl; Filed by TAMMY METZGER (Plaintiff)

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  • 07/05/2017
  • DocketOrder (To Show Cause hearing)

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  • 07/05/2017
  • DocketNotice of Case Assignment - Unlimited Civil Case

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  • 07/05/2017
  • DocketCivil Case Cover Sheet

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  • 07/05/2017
  • DocketSummons; Filed by TAMMY METZGER (Plaintiff)

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  • 07/05/2017
  • DocketNotice of Case Management Conference

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  • 07/05/2017
  • DocketComplaint; Filed by TAMMY METZGER (Plaintiff)

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Tentative Rulings

Case Number: ****1264 Hearing Date: July 7, 2022 Dept: S27

Counsel filed a motion to be relieved as counsel on 5/23/22, setting it for hearing on 6/16/22. Plaintiff filed opposition to the motion, correctly noting that it was not filed or served with the required statutory notice. Counsel took the motion off calendar. On 6/15/22, he re-filed the motion, setting it for hearing on 7/07/22. 6/15/22 is only fifteen court days prior to 7/07/22, and therefore Counsel again failed to give statutory notice per CCP 1005. Additionally, Counsel served the papers on Plaintiff via regular mail on 6/13/22, which required five additional calendar days’ notice per 1010. The motion is denied due to failure to give statutory notice.

The Court notes that trial is scheduled for 8/22/22, and the Court will not be inclined to consider a request for relief from representation at the penultimate moment prior to trial.

Counsel is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at gdcdepts27@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. If the parties do not submit on the tentative, they should arrange to appear remotely.



Case Number: ****1264    Hearing Date: July 02, 2020    Dept: S27

INTRODUCTION

Defendant Brandmeyer Gilligan & Dockstader, LLP moves to compel the deposition of Plaintiff Tammy Metzger’s expert, Andre Jardini, and for production of documents at that deposition.

This motion, which concerns expert discovery, was originally set on April 16, 2020. At the time the motion was filed on March 12, trial was pending and the time for expert discovery had commenced. The trial has been continued until November 9, 2020.

DISCUSSION

The continuation of trial does not affect this motion. It was timely filed prior to the discovery cut-off as measured from the original trial date.

Part of this case concerns Defendant’s billing practices during its representation of Plaintiff. Plaintiff submitted the declaration of Andre Jardini (California Bar #71335 – admitted in 1976) as a legal expert in opposition to a summary judgment motion.

Later, Plaintiff formally designated Andre Jardini as a trial expert.

On December 10, 2019 Defendant served notice for Jardini’s deposition on January 6, 2020.

Plaintiff’s counsel had withdrawn December 11, 2020 and as a courtesy Defendant voluntarily took the deposition off calendar to allow Plaintiff to obtain new counsel. As of May 1, 2020, new counsel has not filed a substitution and Plaintiff remain a litigant in propria persona.

Attorney Mangarpan declares that she has attempted to obtain a deposition date from Plaintiff. She declined to offer dates because she still was not represented. (Exhibit C)

The parties could not satisfy their dispute through meet and confer efforts.

The court intends to grant the motion. Plaintiff cannot avoid discovery obligations because she has not retained counsel. The court will order deposition for a date certain to be decided at the hearing.



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