This case was last updated from Los Angeles County Superior Courts on 07/11/2019 at 02:05:07 (UTC).

THE ESTATE OF MAUREEN ALLEN ET AL VS NBCUNIVERSAL INC ET AL

Case Summary

On 03/07/2018 THE ESTATE OF MAUREEN ALLEN filed a Personal Injury - Other Personal Injury lawsuit against NBCUNIVERSAL INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are RALPH C. HOFER and YOLANDA OROZCO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7116

  • Filing Date:

    03/07/2018

  • 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

RALPH C. HOFER

YOLANDA OROZCO

 

Party Details

Plaintiffs, Petitioners and Interested Parties

ALLEN FLOYD

ALLEN FLOYD SUCCESSOR-IN-INTEREST

THE ESTATE OF MAUREEN ALLEN

MAUREEN ALLEN THE ESTATE OF

Defendants, Respondents and Cross Defendants

PASADENA CITY OF

FREMANTLEMEDIA NORTH AMERICA

MARATHON PRODUCTIONS INC

NBCUNIVERSAL INC.

AMERICA'S GOT TALENT

DOES 1-50

PASADENA THE CITY OF

FREMANTLEMEDIA NORTH AMERICA INC.

NBCUNIVERSAL MEDIA LLC

MARATHON PRODUCTIONS INC.

FREMANTLE MEDIA NORTH AMERICA INC.

NBC UNIVERSAL MEDIA LLC

THE PASADEAN CENTER OPERATING COMPANY SUED AS DOE 1

FREMANTLE MEDIA NORTH AMERICA

NBC UNIVERSAL INC.

HOME MEDICAL SERVICES INC.

Defendants, Respondents and Cross Plaintiffs

MARATHON PRODUCTIONS INC

FREMANTLE MEDIA NORTH AMERICA INC.

NBC UNIVERSAL MEDIA LLC

18 More Parties Available

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

PANISH BRIAN J. ESQ.

WHITE SERGIO A.

PANISH BRIAN J.

PANISH SHEA & BOYLE LLP

SERGIO A. WHITE LAW OFFICES OF

PANISH BRIAN JOSEPH

Defendant and Respondent Attorneys

BORDIN-WOSK JOSHUA ESQ.

COLLINSON LAW

LAW COLLINSON

BORDIN-WOSK JOSHUE

BORDIN-WOSK JOSHUA D

BORDIN SEMMER LLP

OFFENHAUSER TYLER DAVIS

BRENER WHYTE BROWN & O'MEARA LLP

GRECO VICKI LYNNE

HOLM ESQ MARGARET M

Cross Plaintiff Attorney

OFFENHAUSER TYLER D. ESQ.

 

Court Documents

Notice

6/27/2019: Notice

Request for Judicial Notice

5/23/2019: Request for Judicial Notice

Legacy Document

3/21/2018: Legacy Document

Legacy Document

5/1/2018: Legacy Document

Cross-Complaint

5/14/2018: Cross-Complaint

Legacy Document

5/14/2018: Legacy Document

Legacy Document

5/16/2018: Legacy Document

Legacy Document

5/22/2018: Legacy Document

Legacy Document

6/11/2018: Legacy Document

Notice

6/25/2018: Notice

Minute Order

7/26/2018: Minute Order

Case Management Statement

9/24/2018: Case Management Statement

Proof of Service by Substituted Service

3/27/2019: Proof of Service by Substituted Service

Amendment to Complaint (Fictitious/Incorrect Name)

4/4/2019: Amendment to Complaint (Fictitious/Incorrect Name)

Summons

5/2/2019: Summons

Opposition

5/6/2019: Opposition

Notice

5/16/2019: Notice

Minute Order

10/5/2018: Minute Order

69 More Documents Available

 

Docket Entries

  • 06/28/2019
  • at 08:30 AM in Department D; Hearing on Motion for Summary Judgment - Not Held - Rescheduled by Party

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  • 06/27/2019
  • Notice (OF ENTRY OF ORDER CONTINUING TRIAL DATE AND ALL TRIAL RELATED DATES); Filed by Home Medical Services, Inc. (Defendant)

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  • 06/26/2019
  • at 08:30 AM in Department D; Status Conference (Re Mediation and Discovery) - Held - Continued

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  • 06/26/2019
  • Minute Order ( (Status Conference Re Mediation and Discovery)); Filed by Clerk

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  • 06/26/2019
  • Order (ORDER GRANTING DEFEENDANT AND CROSS-DEFENDANT SOUTHERN CALIFORNIA HOME MEDICAL SERVICES INC. DBA HOME MEDICAL SUPPLIES' ORAL APPLICATION TO CONTINUE TRIAL DATE AND ALL RELATED DATES); Filed by Clerk

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  • 06/26/2019
  • Stipulation - No Order ([copy of ] STIPULATION TO CONTINUE TRIAL AND ALL TRIAL RELATED DATES); Filed by Clerk

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  • 06/19/2019
  • Answer; Filed by Home Medical Services, Inc. (Cross-Defendant)

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  • 06/14/2019
  • at 08:30 AM in Department D; Hearing on Motion for Summary Judgment - Not Held - Rescheduled by Party

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  • 06/13/2019
  • Answer; Filed by Home Medical Services, Inc. (Defendant)

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  • 05/31/2019
  • at 09:00 AM in Department D; Order to Show Cause Re: (Mandatory Settlement Conference)

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100 More Docket Entries
  • 03/16/2018
  • Proof-Service/Summons; Filed by The Estate Of Maureen Allen (Plaintiff); Floyd successor-in-interest Allen (Plaintiff)

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  • 03/16/2018
  • PROOF OF SERVICE SUMMONS

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  • 03/16/2018
  • Proof-Service/Summons; Filed by Attorney for Plaintiff/Petitioner

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  • 03/16/2018
  • PROOF OF SERVICE SUMMONS

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  • 03/07/2018
  • COMPLAINT FOR DAMAGES 1. DANGEROUS CONDITION ;ETC

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  • 03/07/2018
  • SUMMONS

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  • 03/07/2018
  • Complaint; Filed by Maureen Allen, The Estate of (Plaintiff); The Estate Of Maureen Allen (Plaintiff); Floyd Allen (Plaintiff) et al.

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  • 03/07/2018
  • Summons (on Amended Complaint (1st))

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  • 03/07/2018
  • Civil Case Cover Sheet

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  • 03/07/2018
  • Complaint

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Tentative Rulings

Case Number: BC697116    Hearing Date: January 10, 2020    Dept: NCD

TENTATIVE RULING

Calendar: 6

Case Number: BC 697116

Date: 1/10/20 Trial date: March 30, 2020

Case Name: The Estate of Maureen Allen, et al. v. NBC Universal Inc., et al.

MOTION FOR SUMMARY JUDGMENT

(OR, in the Alternative, Summary Adjudication)

[CCP § 437c; CRC 3.1350 et seq.]

Relief Requested:

Summary judgment in favor of defendant Southern California Home Medical Services, Inc.

dba Home Medical Supplies as to plaintiffs’ First Amended Complaint

In the alternative, summary adjudication of the third and fifth causes of action

Moving Party: Defendant Southern California Home Medical Services, Inc. dba Home Medical Supplies

Responding Party: Plaintiffs The Estate of Maureen Allen by and through its successors in interest,

Floyd Allen, and Floyd Allen, individually

Causes of Action from First Amended Complaint

1) Dangerous Condition

2) Wrongful Death—Negligence

3) Wrongful Death—Premises Liability

4) Survival Action

5) NIED

SUMMARY OF COMPLAINT:

Plaintiffs allege that plaintiff’s decedent, Maureen Allen sustained injuries after falling from and out of her wheelchair on March 26, 2017 while attempting to maneuver her motorized wheelchair over a power cord protector which obstructed the only available path of travel over the one handicap access point ramp to the Pasadena Civic Auditorium that was not completely rendered inaccessible by the trailers and equipment being used by the NBC television show America’s Got Talent, which was being filmed at the facility. Plaintiffs allege that decedent ultimately died in June of 2017 from her injuries, hospitalizations and operations.

Plaintiffs also allege that plaintiff Floyd Allen, who was also in a wheelchair, witnessed his wife being forced to remain on the ground in excruciating pain, and looked on in helpless horror, unable to assist her due to his own disabilities.

Defendant the City of Pasadena, the owner of the premises, has filed a cross-complaint against its co-defendants, NBC Universal, Inc., FremantleMedia North America, and Marathon Productions Inc. dba America’s Got Talent, alleging causes of action for implied indemnity, contribution and indemnity, declaratory relief and negligence.

Defendant The Pasadena Operating Company was added to the action by an Amendment to Complaint filed on March 8, 2019, pursuant to which plaintiffs amended the complaint to substitute the true name of defendant The Pasadena Operating Company for the fictitious name Doe 1.

Moving defendant Southern California Medical Services, Inc. dba Home Medical Supplies (“Home Medical Supplies”) was added to the action by an Amendment to Complaint filed on April 4, 2019, pursuant to which plaintiffs amended the complaint to substitute the true name of Home Medical Supplies for the fictitious name Doe 2.

Defendants, NBC Universal, Inc., FremantleMedia North America, and Marathon Productions Inc. dba America’s Got Talent (collectively, “the Media Defendants”) have filed a cross-complaint against Home Medical Supplies for declaratory relief, contribution and equitable and implied indemnity.

ANALYSIS:

Procedural

There has been no timely opposition filed to this motion by plaintiffs. Moving defendant Home Medical Supplies has filed a “Notice of Non-Opposition” to the motion, indicating that no opposition has been served on defendant.

CCP §437c(b)(3) sets forth the specific requirements for opposition papers, including the requirement of the filing of a separate statement of material facts. This subdivision provides: “Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the court’s discretion, for granting the motion.” The motion could be granted on the ground there has been no separate statement filed, but the court has elected not to do so.

Substantive

Under CCP § 437c(p)(2) a defendant “has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant... has met that burden, the burden shifts to the plaintiff... to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto.”

Defendant Home Medical Supplies argues that the four causes of action pending against it as Doe 2, for wrongful death—negligence, wrongful death—premises liability, survival, and NIED, are without merit because Home Medical Supplies owed no duty of care to plaintiffs to protect them from the alleged dangerous condition in this lawsuit, or to educate them how to drive a mobility scooter over the alleged dangerous condition at issue in this lawsuit. Defendant also argues that no negligent act or omission on the part of defendant was a substantial factor in causing decedent’s fall from the mobility scooter, or her death.

To establish a claim for negligence, a plaintiff must allege and prove the following elements: The existence of a duty of care, breach of that duty, and an injury proximately caused by the breach. Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917.

Defendant Home Medical Supplies argues that its only involvement in decedent’s incident is that it rented the Pride Go-Go Elite Traveler mobility scooter that decedent was riding at the time of the incident to decedent’s husband, plaintiff Floyd Allen. [UMF No. 12, and evidence cited].

It appears from the moving papers, based on the discovery responses of the Media Defendants, that the claim being made in this action is that Home Medical Supplies owed a duty of care to plaintiffs based on an alleged contractual agreement for the rental of the scooters, and the failure of defendant to provide instruction on how to safely operate the scooters. [Leos Decl. ¶¶ 9-11; Exhibits 6, 7, 8, responses to Special Interrogatories Nos. 1, 4, 7, 10].

To the extent plaintiffs seek to impose a duty on defendant based on contract, Home Medical Supplies submits evidence, in the form of a declaration of its owner and President, Ross Shaw, that there was no contractual agreement between the parties which imposed a duty. [UMF Nos 14, 15; Ex. A, Shaw Decl. ¶¶ 9, 13, 14, Ex. A].

To the extent plaintiffs rely on a common law duty to exercise due care, Home Medical Supplies submits evidence to establish that at the time Home Medical Supplies rented the two mobility scooters to Mr. Allen, Home Medical Supplies did not have notice of production equipment at the Pasadena Civic Auditorium, specifically a large power cord cover at the entrance of an accessibility ramp to the Auditorium, such that defendant could have educated Mr. Allen, and by extension, decedent, how to safety navigate that particular hazard, and that it is not defendant’s custom and practice to specifically educate renters of mobility scooters how to safely navigate large power cord covers as this is not a commonly encountered potential hazard. [UMF Nos. 17, 18; Ex. A., Shaw Decl. ¶ 16]. Defendant also submits evidence showing that it did not receive any complaints from anyone, including plaintiffs, that the subject scooters were not maintained in a clean condition or were not in good working order following manufacturer’s specifications, which is the only statutory duty imposed on a renter of home medical devices. [UMF Nos. 11, 19, and evidence cited; Ex. A, Shaw Decl. ¶¶ 8, 11; Health and Safety Code § 111656.6]. There is also evidence submitted that Home Medical Supplies did not own, control, lease or operate the Pasadena Civil Auditorium, or the premises immediately surrounding that venue on or before the date of the incident. [UMF No. 8, and evidence cited]. Defendant also submits deposition testimony of plaintiff Floyd Allen, in which he states, with respect to whether decedent bears any responsibility for the accident, “I don’t think anybody, other than the people that put the electrical cover over the electrical lines, are the ones that bear the responsibility. It’s just that simple.” [Ex. 10, Allen Depo. p. 246:17-23].

This appears sufficient to establish that plaintiffs will be unable to establish that moving defendant Home Medical Supplies owed a contractual, statutory or common law duty to plaintiffs with respect to the circumstances involving the presence of the power cord, or any condition of the mobility scooter, or that defendant engaged in any conduct or failure to act which was a substantial factor in causing the alleged incident. This shifts the burden to plaintiffs to raise triable issues of material fact. Plaintiffs have failed to oppose the motion, so have failed to meet that burden. The motion accordingly is granted, and summary judgment entered in favor of moving defendant on the First Amended Complaint.

RULING:

CCP 437c(g): Material facts which do or do not create a triable issue of controversy:

[No Opposition]

Defendant Southern California Home Medical Services, Inc. dba Home Medical Supplies UNOPPOSED Motion for Summary Judgment, or, Alternatively, Summary Adjudication is GRANTED.

There has been no timely opposition filed to the motion and moving defendant has filed a Notice indicating that no timely opposition has been served. Accordingly, plaintiffs have failed to comply with the statutory requirement of filing a separate statement addressing each material fact raised in the moving papers. Pursuant to CCP §437c(b)(3), the motion is granted.

Even if the court were to consider the substance of the motion, it would be granted. Defendant Southern California Home Medical Services, Inc. dba Home Medical Supplies has submitted uncontradicted evidence showing that as to the four negligence-based causes of action of the First Amended Complaint pending against defendant, defendant owed no duty to plaintiffs in connection with the incident in which plaintiffs allege they

were harmed, and that moving defendant did not engage in conduct which was a substantial factor in causing plaintiffs’ alleged injuries and harm. [See UMF Nos. 8, 11, 12, 14, 15, 17, 18, 19, 20, 21, and evidence cited]. This evidence is not disputed by plaintiffs. Without any evidence of the existence of a duty on the part of the moving defendant, or of causation, plaintiffs will be unable to establish their causes of action alleged against moving defendant.