This case was last updated from Los Angeles County Superior Courts on 10/22/2020 at 02:18:09 (UTC).

TYBRITANY JONES THOMAS ET AL VS CITY OF SANTA MONICA ET AL

Case Summary

On 01/26/2018 TYBRITANY JONES THOMAS filed a Personal Injury - Other Personal Injury lawsuit against CITY OF SANTA MONICA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN I. GOORVITCH. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1476

  • Filing Date:

    01/26/2018

  • 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 Judge

STEPHEN I. GOORVITCH

 

Party Details

Plaintiffs and Petitioners

THOMAS TYBRITTANY JONES

THOMAS AUBREY

JONES-THOMAS TYBRITANY

THOMAS SHANELL

Defendants, Respondents and Cross Defendants

DOORDASH

SANTA MONICA CITY OF

DOES 1 TO 50

KIDANE ABSADI T.

DOORDASH INC. ALIAS VICKI D. CUEVAS

KIDANE ABSADI TWELDE

Defendants, Respondents and Cross Plaintiffs

SANTA MONICA CITY OF

ROES 1 THROUGH 50

Plaintiff and Guardian Ad Litem

JONES-THOMAS TYBRITANY

Minor

THOMAS DONALD III

Attorney/Law Firm Details

Plaintiff, Petitioner and Minor Attorneys

MAHONEY KEVIN ESQ.

SINGER GEORGE BERNARD

Defendant and Respondent Attorneys

BURGER WILLIAM D. JR. ESQ.

HUGARD MICHELLE M. DCA

COHEN ADRIENNE D.

COHEN ADRIENNE

BURGER WILLIAM DEE

GAMS LANCE SCOTT

HUGARD MICHELLE MARIE

Cross Defendant Attorney

GUZMAN ALEXA RACHELLE

 

Court Documents

Minute Order - MINUTE ORDER (HEARING ON DEFENDANT ABSADI KIDANE'S MOTION TO COMPEL RESPONS...)

10/20/2020: Minute Order - MINUTE ORDER (HEARING ON DEFENDANT ABSADI KIDANE'S MOTION TO COMPEL RESPONS...)

Order - ORDER [PROPOSED] ORDER GRANTING DEFENDANT CITY OF SANTA MONICAS MOTION TO COMPEL PLAINTIFF SHANELL THOMAS RESPONSES, WITHOUT OBJECTION, TO FORM INTERROGATORIES, SET ONE AND IMPOSING SANCTIO

9/4/2020: Order - ORDER [PROPOSED] ORDER GRANTING DEFENDANT CITY OF SANTA MONICAS MOTION TO COMPEL PLAINTIFF SHANELL THOMAS RESPONSES, WITHOUT OBJECTION, TO FORM INTERROGATORIES, SET ONE AND IMPOSING SANCTIO

Order - ORDER [PROPOSED] ORDER GRANTING DEFENDANT CITY OF SANTA MONICAS MOTION TO COMPEL PLAINTIFF SHANELL THOMAS RESPONSES, WITHOUT OBJECTION, TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND I

9/4/2020: Order - ORDER [PROPOSED] ORDER GRANTING DEFENDANT CITY OF SANTA MONICAS MOTION TO COMPEL PLAINTIFF SHANELL THOMAS RESPONSES, WITHOUT OBJECTION, TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND I

Case Management Statement

8/12/2020: Case Management Statement

Case Management Statement

8/17/2020: Case Management Statement

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW)

6/25/2020: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW) OF 06/25/2020

6/25/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW) OF 06/25/2020

Declaration - DECLARATION DECLARATION OF WILLIAM BURGER IN SUPPORT OF DOORDASHS MOTION FOR TERMINATING SANCTIONS

4/10/2020: Declaration - DECLARATION DECLARATION OF WILLIAM BURGER IN SUPPORT OF DOORDASHS MOTION FOR TERMINATING SANCTIONS

Motion to Compel - MOTION TO COMPEL RESPONSES, WITHOUT OBJECTIONS, TO REQUEST FOR PRODUCTION OF DOCUMENTS SET NO. ONE

4/21/2020: Motion to Compel - MOTION TO COMPEL RESPONSES, WITHOUT OBJECTIONS, TO REQUEST FOR PRODUCTION OF DOCUMENTS SET NO. ONE

Minute Order - MINUTE ORDER (COURT ORDER)

4/27/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Notice of Ruling

2/27/2020: Notice of Ruling

Declaration - DECLARATION DECLARATION OF WILLIAM D BURGER JR IN SUPPORT OF DOORDASH'S MOTION DEEMING ADMITTED REQUESTS FOR ADMISSION

1/16/2020: Declaration - DECLARATION DECLARATION OF WILLIAM D BURGER JR IN SUPPORT OF DOORDASH'S MOTION DEEMING ADMITTED REQUESTS FOR ADMISSION

Notice - NOTICE OF ORDER CONTINUING TRIAL

10/22/2019: Notice - NOTICE OF ORDER CONTINUING TRIAL

Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

7/2/2019: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

Notice - NOTICE NOTICE OF ENTRY OF ORDER GRANTING ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL - CIVIL

7/3/2019: Notice - NOTICE NOTICE OF ENTRY OF ORDER GRANTING ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL - CIVIL

Minute Order - MINUTE ORDER (HEARING ON MOTION TO BE RELIEVED AS COUNSEL FOR SHANELL THOMAS)

5/8/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO BE RELIEVED AS COUNSEL FOR SHANELL THOMAS)

Proof of Service -

7/26/2018: Proof of Service -

Answer -

7/17/2018: Answer -

77 More Documents Available

 

Docket Entries

  • 09/27/2021
  • Hearing09/27/2021 at 10:00 AM in Department O at 1725 Main Street, Santa Monica, CA 90401; Jury Trial

    Read MoreRead Less
  • 09/17/2021
  • Hearing09/17/2021 at 09:30 AM in Department O at 1725 Main Street, Santa Monica, CA 90401; Final Status Conference

    Read MoreRead Less
  • 02/24/2021
  • Hearing02/24/2021 at 08:30 AM in Department O at 1725 Main Street, Santa Monica, CA 90401; Status Conference

    Read MoreRead Less
  • 01/12/2021
  • Hearing01/12/2021 at 08:30 AM in Department O at 1725 Main Street, Santa Monica, CA 90401; Hearing on Motion for Terminating Sanctions

    Read MoreRead Less
  • 10/22/2020
  • Hearing10/22/2020 at 08:30 AM in Department O at 1725 Main Street, Santa Monica, CA 90401; Hearing on Motion to Compel Responses, Without Objections, to Special Interrogatories Set No. One

    Read MoreRead Less
  • 10/22/2020
  • Hearing10/22/2020 at 08:30 AM in Department O at 1725 Main Street, Santa Monica, CA 90401; Hearing on Motion to Compel Responses, Without Objection, to Request for Production of Documents Set One

    Read MoreRead Less
  • 10/22/2020
  • Hearing10/22/2020 at 08:30 AM in Department O at 1725 Main Street, Santa Monica, CA 90401; Hearing on Motion to Deem Request for Admissions Admitted

    Read MoreRead Less
  • 10/20/2020
  • Docketat 08:30 AM in Department O; Hearing on Motion to Compel (Responses, Without Objection, to Request for Production of Documents Set One) - Held - Continued

    Read MoreRead Less
  • 10/20/2020
  • Docketat 08:30 AM in Department O; Hearing on Motion to Compel (Responses, Without Objections, to Special Interrogatories Set No. One) - Held - Continued

    Read MoreRead Less
  • 10/20/2020
  • DocketMinute Order ( (Hearing on Defendant Absadi Kidane's Motion to Compel Respons...)); Filed by Clerk

    Read MoreRead Less
140 More Docket Entries
  • 02/15/2018
  • DocketSUMMONS

    Read MoreRead Less
  • 02/07/2018
  • DocketNotice; Filed by Tybritany Jones-Thomas (Plaintiff)

    Read MoreRead Less
  • 02/07/2018
  • DocketNOTICE OF DEPOSIT OF JURY FEES

    Read MoreRead Less
  • 02/06/2018
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

    Read MoreRead Less
  • 02/06/2018
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

    Read MoreRead Less
  • 02/06/2018
  • DocketApplication ; Filed by Plaintiff/Petitioner

    Read MoreRead Less
  • 02/06/2018
  • DocketApplication ; Filed by Plaintiff/Petitioner

    Read MoreRead Less
  • 01/26/2018
  • DocketCIVIL DEPOSIT

    Read MoreRead Less
  • 01/26/2018
  • DocketComplaint; Filed by Tybrittany Jones Thomas (Plaintiff); Aubrey Thomas (Plaintiff)

    Read MoreRead Less
  • 01/26/2018
  • DocketCOMPLAINT FOR WRONGFUL DEATH AND DEMAND FOR JURY TRIAL 1. NEGLIGENCE - OPERATION OF A MOTOR VEHICLE ;ETC

    Read MoreRead Less

Tentative Rulings

Case Number: BC691476    Hearing Date: October 22, 2020    Dept: O

Case Name: Thomas v. City of Santa Monica, et al.

Case No.: BC691476 (consolidated with BC720243) Complaint Filed: 1-26-18

Hearing Date:    10-22-2020

SUBJECT: (1) DEFENDANT ABSADI T. KIDANE’S MOTION TO COMPEL PLAINTIFF SHANELL THOMAS’ RESPONSES TO REQUEST FOR PRODUTION OF DOCUMENTS (SET ONE)

(2) DEFENDANT ABSADI T. KIDANE’S MOTION TO TO COMPEL PLAINTIFF SHANELL THOMAS’ RESPONSES TO SPECIAL INTERROGATORIES (SET ONE).

(3) Defendant Absadi T Kidane’s “Motion Deeming Admitted Request for Admission Set One ET ONE).

MOVING PARTY: Defendant ABSADI T. KIDANE

RESP. PARTY: None

TENTATIVE RULING

Defendant Absadi T Kidane’s Motion to Compel Responses without Objection to Requests for Production of Documents (Set One) from Plaintiff Shanell Thomas is GRANTED per CCP s. 2031.300.  Plaintiff Shanell Thomas is ordered to serve responses without objection within 10 days.  Defendant Kidane’s request for sanctions is GRANTED in the amount of $742.5 (3.9 75/hr +$60 costs).

Defendant Absadi T Kidane’s Motion to Compel Responses without Objection to Special Interrogatories (Set One) from Plaintiff Shanell Thomas is GRANTED per CCP s. 2030.290. Plaintiff Shanell Thomas is ordered to serve responses without objection within 10 days.  Defendant Kidane’s request for sanctions is GRANTED in the amount of $742.5 (3.9 75/hr +$60 costs).

Defendant Absadi T Kidane’s “Motion Deeming Admitted Request for Admission Set One…” against Plaintiff Shanell Thomas is DENIED without prejudice to Kidane re-noticing the motion with a proper notice of motion under CCP 2033.280.  Notwithstanding the title of the motion and reference to CCP 2033.280 in the caption, the Notice of Motion filed 4-21-2020 states Kidane is seeking “an order compelling Plaintiff SHANELL THOMAS, to serve full and complete verified responses, without objections, to Requests for Admissions, Set No. One, served on Plaintiff on December 14, 2018.”  Similarly, the memorandum concludes with “Defendant respectfully requests that the Court grant the Motion to Compel full and complete answers, without objections, to Requests for Admission Set No. One, served on December 14, 2018, and issue an order directing Plaintiff to serve said answers, without objections, on or before a future date to be determined by the Court. And finally, the proposed order seeks an order “[T]hat Plaintiff, Shanell Thomas, is hereby ordered to serve verified responses, without objections, to Request for Admissions (Set No. One), served on her by Defendant, Absadi T. Kidane on December 14, 2018.”  , the Court cannot grant the motion based on this confusing and mistaken notice.

Case Number: BC691476    Hearing Date: October 20, 2020    Dept: O

Case Name: Thomas v. City of Santa Monica, et al.

Case No.: BC691476 (consolidated with BC720243) Complaint Filed: 1-26-18

Hearing Date:    10-20-2020

SUBJECT: (1) MOTION TO COMPEL PLAINTIFF SHANELL THOMAS’ RESPONSES TO REQUEST FOR PRODUTION OF DOCUMENTS (SET ONE)

(2) MOTION TO TO COMPEL PLAINTIFF SHANELL THOMAS’ RESPONSES TO SPECIAL INTERROGATORIES (SET ONE).

RESP. PARTY: None

Defendant City of Santa Monica's Motion to Compel Responses without Objection to Special Interrogatories (Set One) from Plaintiff Shanell Thomas is GRANTED per CCP s. 2030.290.  Plaintiff Shanell Thomas is ordered to serve responses without objection within 10 days.  Defendant City's request for sanctions in the amount of $600 (4 hours @ $150/hr) is GRANTED.  

Case Number: BC691476    Hearing Date: September 01, 2020    Dept: O

Case Name: Thomas v. City of Santa Monica, et al.
Case No.: BC691476 (consolidated with BC720243) Complaint Filed: 1-26-18
Hearing Date: 9-1-20 Discovery C/O: N/A
Calendar No.: 6 Discover Motion C/O: N/A
POS: OK Trial Date: N/A
SUBJECT: (1) MOTION TO COMPEL PLAINTIFF SHANELL THOMAS’ RESPONSES TO FORM INTERROGATORIES, SET ONE
(2) MOTION TO COMPEL PLAINTIFF SHANELL THOMAS’ RESPONSES TO SPECIAL INTERROGATORIES, SET ONE
MOVING PARTY: Defendant City of Santa Monica
RESP. PARTY: None
TENTATIVE RULING
Defendant City of Santa Monica (“Defendant”) moves to compel Plaintiff Shanell Thomas’ (“Plaintiff”) responses to request for production of documents (set one) and to deem requests for admission served on Plaintiff admitted. Defendant also requests sanctions in the amount of $600 per motion. 
Defendant City’s unopposed Motion to Compel Plaintiff Shanell Thomas’ Responses to Form Interrogatories  (Set One) is GRANTED. 
Defendant City’s unopposed Motion to Compel Plaintiff Shanell Thomas’ Responses to Special Interrogatories  (Set One) is GRANTED.
Regarding the requests for sanctions, the Court finds the hourly rate of $150 reasonable, but finds the allocated time of four hours for each motion is unreasonable especially because these motions are unopposed and will be heard on the same date. Accordingly, the Court awards sanctions in the sum of $450 (3 hrs. x $150/hr.) for each motion. 
Defendant is to submit the proposed orders. 
 

Case Number: BC691476    Hearing Date: August 27, 2020    Dept: O

Case Name: Thomas v. City of Santa Monica, et al.

Case No.: BC691476 (consolidated with BC720243)

Complaint Filed: 1-26-18

Hearing Date: 8-27-20

Discovery C/O: N/A

Calendar No.: 5

Discover Motion C/O: N/A

POS: OK

Trial Date: N/A

SUBJECT: (1) MOTION TO COMPEL PLAINTIFF SHANELL THOMAS’ RESPONSES TO REQUEST FOR PRODUTION OF DOCUMENTS (SET ONE)

(2) MOTION TO DEEM ADMITTED DEFENDANT CITY OF SANTA MONICA’S REQUEST FOR ADMISSIONS TO PLAINTIFF SHANELL THOMAS

MOVING PARTY:  Defendant City of Santa Monica

RESP. PARTY: None

TENTATIVE RULING

Defendant City of Santa Monica (“Defendant”) moves to compel Plaintiff Shanell Thomas’ (“Plaintiff”) responses to request for production of documents (set one) and to deem requests for admission served on Plaintiff admitted. Defendant also requests sanctions in the amount of $600 per motion.

Defendant City’s unopposed Motion to Compel Plaintiff Shanell Thomas’ Responses to Request for Production of Documents (Set One) is GRANTED.

Defendant City’s unopposed Motion to Deem Admitted City’s Request for Admission to Plaintiff Shanell Thomas is GRANTED.

Regarding the requests for sanctions, the Court finds the hourly rate of $150 reasonable, but finds the allocated time of four hours for each motion is unreasonable especially because these motions are unopposed and will be heard on the same date. Accordingly, the Court awards sanctions in the sum of $450 (3 hrs. x $150/hr.) for each motion.

Defendant is to submit the proposed orders.

Case Number: BC691476    Hearing Date: February 13, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

tybritany jones-thomas, et al.,

Plaintiffs,

v.

city of santa monica, et al.,

Defendants.

Case No.: BC691476

(consolidated with BC720243)

Hearing Date: February 13, 2020

[TENTATIVE] order RE:

motions to compel discovery responses

Department #32 will be dark for motions on February 13, 2020.  Each party is ordered to email the Court’s clerk at SSCDept32@lacourt.org before 1:30 p.m. that day to inform the clerk whether you are submitting on the Court’s tentative or whether you are requesting a hearing.  If any party requests a hearing, one will be scheduled.  If you do not request a hearing or fail to email the Court’s clerk before 1:30 p.m. on the date of the hearing, you will waive the right to be heard and shall submit to this tentative order, which shall issue.

TENTATIVE ORDER

Defendant Doordash, Inc. (“Defendant”) moves to compel responses from Plaintiff Shanell Thomas (“Plaintiff”) to: (1) Request for Production of Documents, Set One (“RPD”); (2) Form Interrogatories, Set One (“FROG”); and (3) Special Interrogatories, Set One (“SROG”). Defendant moves to deem admitted specified in Requests for Admissions, Set One (“RFA”). The motions are granted.

The court notes that Defendant filed one motion to compel responses to both the FROG and SROG. The court therefore orders Defendant to pay an additional $60 in filing fees. (Gov. Code, § 70617, subd. (a).)

Defendant served the discovery at issue on Plaintiff by mail on November 4, 2019. Plaintiff’s responses were thus due no later than December 9, 2019. As of the filing date of these motions, Defendant has not received responses from Plaintiff. Plaintiff has not opposed the motions, and there is nothing in the record to suggest that Plaintiff has complied with his discovery obligations. Accordingly, the motions to compel responses to the RPD, FROG, and SROG are granted per Code of Civil Procedure sections 2030.290 and 2031.300. Plaintiff is ordered to serve responses to Defendant’s RPD, FROG, and SROG, without objections, within 30 days of service of this order.

Defendant also moves to deem the matters specified in the RFA. Where a party fails to respond to requests for admissions, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction. (Code of Civ. Proc., § 2033.280, subd. (b).) The court “shall” grant a motion to deem admitted the matters specified in the requests for admissions, “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (Code of Civ. Proc., § 2033.280, subd. (c).) As Plaintiff has failed to respond to the RFA, Defendant’s motion is granted.

Defendant seeks sanctions in connection with the motions. The Court concludes that Plaintiff’s failure to respond to the discovery is an abuse of the discovery process. The Court awards sanctions against Plaintiff in the amount of $1,240, which represents four hours of attorney time to prepare the motions and attend the hearing at $250 per hour, plus four filing fees of $60 each.

CONCLUSION AND ORDER

Defendant’s motions to compel responses to the RPD, FROG, and SROG are granted per Code of Civil Procedure sections 2030.290 and 2031.300. Plaintiff is ordered to serve verified responses, without objections, within 30 days of notice of this order. Plaintiff is deemed to have admitted the truth of all matters specified in the RFA as of this date. Plaintiff is ordered to pay monetary sanctions in the amount of $1,240 to Defendant, by and through counsel, within 30 days of notice of this order. Defendant is ordered to provide notice of this order and file proof of service of such.

DATED: February 13, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court