This case was last updated from Los Angeles County Superior Courts on 07/30/2020 at 13:18:58 (UTC).

VACHEL A BROWN VS CITY OF PASADENA

Case Summary

On 03/08/2018 VACHEL A BROWN filed a Personal Injury - Other Personal Injury lawsuit against CITY OF PASADENA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are YOLANDA OROZCO, OWEN LEE KWONG, ELAINE LU, STEPHEN I. GOORVITCH, CHRISTOPHER K. LUI and DANIEL M. CROWLEY. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7187

  • Filing Date:

    03/08/2018

  • 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

YOLANDA OROZCO

OWEN LEE KWONG

ELAINE LU

STEPHEN I. GOORVITCH

CHRISTOPHER K. LUI

DANIEL M. CROWLEY

 

Party Details

Plaintiff and Petitioner

BROWN VACHEL A.

Defendants, Respondents, Cross Plaintiffs and Not Classified By Court

PASADENA CITY OF

DOES 1 TO 50

CITY OF PASADENA

Cross Defendants

ROES 1 THROUGH 50

AIKEN INVESTMENTS L.P. (ROE 2)

KENTER INVESTMENTS L.P. (ROE 1)

KENTER INVESTMENTS L.P. ROE 1

AIKEN INVESTMENTS L.P. ROE 2

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

SALUSKY ANNA R.

MAHONEY LAW GROUP APC

SALUSKY ANNA ROBERTA

Defendant and Cross Plaintiff Attorneys

BAGNERIS MICHELE BEAL CITY ATTORNEY

NEBENZAHL MICHAEL RALPH

MICHAEL MACGUIRE & ASSOCIATES

NEBENZAHL MICHAEL R.

 

Court Documents

Notice - NOTICE OF TRIAL SETTING CONFERENCE

5/22/2020: Notice - NOTICE OF TRIAL SETTING CONFERENCE

Minute Order - MINUTE ORDER (COURT ORDER)

4/1/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Motion to Continue Trial Date

12/13/2019: Motion to Continue Trial Date

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE LINDA LEE, CSR #13568

9/13/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE LINDA LEE, CSR #13568

Separate Statement

9/6/2019: Separate Statement

Proof of Service by Mail

9/9/2019: Proof of Service by Mail

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: RECUSAL) OF 09/10/2019

9/10/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: RECUSAL) OF 09/10/2019

Notice - NOTICE NOTICE OF WITHDRAWAL OF PLAINTIFFS MOTION TO QUASH CROSS-DEFENDANTS AIKEN INVESTMENTS, L.P. AND KENTER INVESTMENTS, L.P. SUBPOENA FOR MEDICAL RECORDS FROM KAISER PERMANENTE BILLING DE

4/25/2019: Notice - NOTICE NOTICE OF WITHDRAWAL OF PLAINTIFFS MOTION TO QUASH CROSS-DEFENDANTS AIKEN INVESTMENTS, L.P. AND KENTER INVESTMENTS, L.P. SUBPOENA FOR MEDICAL RECORDS FROM KAISER PERMANENTE BILLING DE

Motion to Quash

4/10/2019: Motion to Quash

Separate Statement

4/10/2019: Separate Statement

Motion to Compel - Motion to Compel Deposition of Defendant City of Pasadena

10/23/2018: Motion to Compel - Motion to Compel Deposition of Defendant City of Pasadena

CIVIL DEPOSIT -

8/28/2018: CIVIL DEPOSIT -

NOTICE OF POSTING JURY FEES

8/28/2018: NOTICE OF POSTING JURY FEES

AMENDMENT TO COMPLAINT -

6/12/2018: AMENDMENT TO COMPLAINT -

ANSWER-PERSONAL INJURY PROPERTY DAMAGE, WRONGFUL DEATH -

5/21/2018: ANSWER-PERSONAL INJURY PROPERTY DAMAGE, WRONGFUL DEATH -

Minute Order -

3/21/2018: Minute Order -

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

3/8/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

SUMMONS -

3/8/2018: SUMMONS -

50 More Documents Available

 

Docket Entries

  • 03/08/2021
  • Hearing03/08/2021 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 09/04/2020
  • Hearing09/04/2020 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Trial Setting Conference

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  • 05/22/2020
  • DocketNotice (of Trial Setting Conference); Filed by Vachel A. Brown (Plaintiff)

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  • 05/11/2020
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 04/27/2020
  • Docketat 10:00 AM in Department 28, Daniel M. Crowley, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 04/16/2020
  • DocketSubstitution of Attorney; Filed by City of Pasadena (Defendant)

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  • 04/01/2020
  • Docketat 10:41 AM in Department 28, Daniel M. Crowley, Presiding; Court Order

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  • 04/01/2020
  • DocketCertificate of Mailing for ((Court Order) of 04/01/2020); Filed by Clerk

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  • 04/01/2020
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 01/24/2020
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court

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76 More Docket Entries
  • 03/21/2018
  • Docketat 08:31 AM in Department 98; (Affidavit of Prejudice; Court makes order) -

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  • 03/21/2018
  • DocketMinute Order

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  • 03/21/2018
  • DocketMinute order entered: 2018-03-21 00:00:00; Filed by Clerk

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  • 03/13/2018
  • DocketChallenge To Judicial Officer - Peremptory (170.6); Filed by Plaintiff/Petitioner

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  • 03/13/2018
  • DocketPEREMPTORY CHALLENGE TO JUDICIAL OFFICER (CODE CIV. PROC., 170.6)

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  • 03/12/2018
  • DocketPLAINTIFF'S NOTICE OF DEPOSIT OF JURY FEES

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  • 03/08/2018
  • DocketSUMMONS

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  • 03/08/2018
  • DocketComplaint; Filed by Vachel A. Brown (Plaintiff)

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  • 03/08/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 03/08/2018
  • DocketCIVIL DEPOSIT

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Tentative Rulings

Case Number: BC697187    Hearing Date: January 13, 2020    Dept: 4A

Motion to Continue Trial and Related Dates

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On March 8, 2018, Plaintiff Vachel A. Brown (“Plaintiff”) filed a complaint against Defendant City of Pasadena alleging a dangerous condition of public property for a trip-and-fall that occurred on September 30, 2016.

On April 18, 2018, Plaintiff filed a first amended complaint.

On May 21, 2018, Defendant/Cross-Complainant City of Pasadena filed a cross-complaint against Roes 1 through 50 seeking equitable and implied indemnity, declaratory relief, and contribution.

On June 12, 2018, Defendant/Cross-Complainant City of Pasadena filed amendments to the cross-complaint renaming Roe 1 as Cross-Defendant Kenter Investments, L.P. and Roe 2 as Cross-Defendant Aiken Investments, L.P.

On November 19, 2018, Plaintiffs filed an amendment to their complaint renaming Doe 1 as Defendant Isabelle Chemla.

On December 13, 2019, Defendant/Cross-Complainant City of Pasadena filed a motion to continue trial and related dates pursuant to California Rules of Court, rule 3.1332 and California Code of Civil Procedure section 2024.050.

Trial is set for January 24, 2020.

PARTYS REQUEST

Defendant/Cross-Complainant City of Pasadena (“Moving Party”) asks the Court to continue trial to May 4, 2020 and to relate all discovery deadlines to that trial date because the parties have agreed to mediate this action on January 28, 2020.

LEGAL STANDARD

Pursuant to California Rules of Court, rule 3.1332, subdivision (a), “[t]o ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Under California Rules of Court, rule 3.1332, subdivision (b), “[a] party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.”

California Rules of Court, rule 3.1332, subdivision (c) states that “[a]lthough continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.”  California Rules of Court, rule 3.1332, subdivision (d) sets forth factors that are relevant in determining whether to grant a continuance.

California Code of Civil Procedure section 2024.050 allows a court to grant leave to complete discovery proceedings.  In doing so, a court shall consider matters relevant to the leave requested, including, but not limited to: (1) the necessity of the discovery, (2) the diligence in seeking the discovery or discovery motion, (3) the likelihood of interference with the trial calendar or prejudice to a party, and (4) the length of time that has elapsed between previous trial dates.  (Code Civ. Proc. § 2024.050.)

DISCUSSION

Moving Defendant argues there is good cause to continue trialThe parties have agreed to participate in mediation on January 28, 2020.  (Koo Decl., ¶ 4, Exh. B.)  There has been one prior continuance.  (Koo Decl., 2.)  All parties have agreed to a May 4, 2020 trial date.  (Koo Decl., 7, Exh. A.)

The Court finds it in the interest of justice to continue trial because of the parties agreement to participate in mediation.  However, no facts have been presented to the Court showing that the discovery cut-off dates should also be continued.  Rather, Jodie Koo’s declaration shows that discovery has been completed.  (See Koo Decl., 9.)

CONCLUSION

The motion is GRANTED.

The Court orders trial shall be continued to May 4, 2020 at 8:30 a.m.  The Court also orders the final status conference date shall be continued to April 20, 2020 at 10:00 a.m.  Both hearings are to be held in Department 28 of the Spring Street Courthouse, 312 North Spring Street, Los Angeles, CA 90012.  All discovery cut-off dates are to remain in relation to the January 24, 2020 trial date.

Moving Party is ordered to give notice of this ruling.