This case was last updated from Los Angeles County Superior Courts on 06/20/2019 at 02:07:34 (UTC).

YAIR OHANA ET AL VS A & A READY MIXED CONCRETE INC ET AL

Case Summary

On 02/14/2017 YAIR OHANA filed a Personal Injury - Motor Vehicle lawsuit against A A READY MIXED CONCRETE INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0425

  • Filing Date:

    02/14/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

JON R. TAKASUGI

 

Party Details

Plaintiffs and Petitioners

OHANA YAIR

OHANA JULIE

Defendants and Respondents

A&A READY MIXED CONCRETE INC

TAYLOR LORENZO

DOES 1 TO 100

Not Classified By Court

DAVIS WRIGHT TREMAINE LLP

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

JALILVAND KAMELIA ESQ.

JALILVAND KAMELIA

Defendant Attorney

PERKINS JAMES J. ESQ.

 

Court Documents

DEFENDANT'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO FILE LATE OPPOSITIONS TO PLAINTIFFS' MOTIONS TO COMPEL VERIFIED RESPONSES BY BOTH DEFENDANTS; ETC.

12/13/2017: DEFENDANT'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO FILE LATE OPPOSITIONS TO PLAINTIFFS' MOTIONS TO COMPEL VERIFIED RESPONSES BY BOTH DEFENDANTS; ETC.

NOTICE OF JOINDER OF DEFENDANT LORENZO TAYLOR' ETC.

12/13/2017: NOTICE OF JOINDER OF DEFENDANT LORENZO TAYLOR' ETC.

ORDER GRANTING DEFENDANT ASSOCIATED READY MIX CONCRETE, INC.'S EX PARTE APPLICATION FOR ORDERS SEEKING LEAVE TO FILE LATE OPPOSITIONS TO PLAINTIFFS' MOTIONS TO COMPEL DISCOVERY VERIFICATIONS AND TO CO

12/13/2017: ORDER GRANTING DEFENDANT ASSOCIATED READY MIX CONCRETE, INC.'S EX PARTE APPLICATION FOR ORDERS SEEKING LEAVE TO FILE LATE OPPOSITIONS TO PLAINTIFFS' MOTIONS TO COMPEL DISCOVERY VERIFICATIONS AND TO CO

DECLARATION OF ANDREEA CUSTUREA; ETC.

12/13/2017: DECLARATION OF ANDREEA CUSTUREA; ETC.

DECLARATION OF RHEA MERCADO; ETC.

12/13/2017: DECLARATION OF RHEA MERCADO; ETC.

Notice of Change of Address or Other Contact Information

12/28/2017: Notice of Change of Address or Other Contact Information

DEFENDANTS' OPPOSITIONS TO PLAINTIFFS' MOTIONS TO COMPEL VERIFIED RESPONSES BY BOTH DEFENDANTS; ETC.

12/28/2017: DEFENDANTS' OPPOSITIONS TO PLAINTIFFS' MOTIONS TO COMPEL VERIFIED RESPONSES BY BOTH DEFENDANTS; ETC.

Reply

1/3/2018: Reply

ORDER DEEMING MOTIONS TO COMPEL MOOT, IMPOSING SANCTIONS

1/23/2018: ORDER DEEMING MOTIONS TO COMPEL MOOT, IMPOSING SANCTIONS

Minute Order

1/23/2018: Minute Order

SUBSTITUTION OF ATTORNEY

1/24/2018: SUBSTITUTION OF ATTORNEY

NOTICE OF RULING

2/5/2018: NOTICE OF RULING

DEFENDANTS ASSOCIATED READY MIX CONCRETE, INC. AND LORENZO TAYLOR'S STATEMENT OF DISPUTED MATTERS IN SUPPORT OF NOTICE OF MOTION AND MOTION FOR STAYING THE DEPOSITION OF MICHAEL SMALL AND A PROTECTIVE

2/15/2018: DEFENDANTS ASSOCIATED READY MIX CONCRETE, INC. AND LORENZO TAYLOR'S STATEMENT OF DISPUTED MATTERS IN SUPPORT OF NOTICE OF MOTION AND MOTION FOR STAYING THE DEPOSITION OF MICHAEL SMALL AND A PROTECTIVE

NOTICE OF MOTION AND MOTION FOR STAYING THE DEPOSITION OF MICHAEL SMALL AND PROTECTIVE ORDER TO QUASH PLAINTIFFS NOTICE OF TAKING THE DEPOSITION OF MICHAEL SMALL; AND ETC.

2/15/2018: NOTICE OF MOTION AND MOTION FOR STAYING THE DEPOSITION OF MICHAEL SMALL AND PROTECTIVE ORDER TO QUASH PLAINTIFFS NOTICE OF TAKING THE DEPOSITION OF MICHAEL SMALL; AND ETC.

Minute Order

6/28/2018: Minute Order

DEFENDANTS' OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION TO CONTINUE TRIAL, FSC AND DISCOVERY CUTOFF

6/28/2018: DEFENDANTS' OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION TO CONTINUE TRIAL, FSC AND DISCOVERY CUTOFF

PLAINTIFFS' EX PARTE APPLICATION FOR AN ORDER COMPELLING THE DEPOSITION OF MICHAEL SMALLS, OR IN THE ALTERNATIVE, TO SHORTEN TIME TO HEAR A MOTION REGARDING THE SAME; DECLARATION OF KAMELIA JALILVAND

7/24/2018: PLAINTIFFS' EX PARTE APPLICATION FOR AN ORDER COMPELLING THE DEPOSITION OF MICHAEL SMALLS, OR IN THE ALTERNATIVE, TO SHORTEN TIME TO HEAR A MOTION REGARDING THE SAME; DECLARATION OF KAMELIA JALILVAND

Minute Order

7/24/2018: Minute Order

24 More Documents Available

 

Docket Entries

  • 02/05/2019
  • Docketat 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Jury Trial - Not Held - Continued - Party's Motion

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  • 02/01/2019
  • Docketat 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion to Continue Trial

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  • 01/22/2019
  • Docketat 10:00 AM in Department 3, Jon R. Takasugi, Presiding; Final Status Conference - Not Held - Continued - Party's Motion

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  • 01/17/2019
  • Docketat 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Hearing on Ex Parte Application (to Continue Trial) - Held - Motion Granted

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  • 01/17/2019
  • DocketMinute Order ( (Hearing on Ex Parte Application to Continue Trial)); Filed by Clerk

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  • 01/17/2019
  • DocketEx Parte Application (to Continue Trial); Filed by Yair Ohana (Plaintiff)

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  • 01/17/2019
  • DocketOrder (Re Plaintiffs' Ex parte Application to Continue Trial); Filed by Yair Ohana (Plaintiff); Julie Ohana (Plaintiff)

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  • 10/23/2018
  • DocketOffer to Compromise (Statutory); Filed by A&A Ready Mixed Concrete, Inc (Defendant); Lorenzo Taylor (Defendant)

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  • 09/06/2018
  • DocketNotice; Filed by Yair Ohana (Plaintiff); Julie Ohana (Plaintiff)

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  • 09/06/2018
  • DocketNotice of Unavailability of Counsel

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68 More Docket Entries
  • 03/29/2017
  • DocketREQUEST FOR ENTRY OF DEFAULT

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  • 03/02/2017
  • DocketProof-Service/Summons; Filed by Yair Ohana (Plaintiff); Julie Ohana (Plaintiff)

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  • 03/02/2017
  • DocketProof of Service of Summons and Complaint

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  • 03/02/2017
  • DocketProof of Service of Summons and Complaint

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  • 03/02/2017
  • DocketProof-Service/Summons; Filed by Yair Ohana (Plaintiff); Julie Ohana (Plaintiff)

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  • 02/28/2017
  • DocketNotice; Filed by Yair Ohana (Plaintiff); Julie Ohana (Plaintiff)

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  • 02/28/2017
  • DocketNotice of Unavailability of Counsel

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  • 02/14/2017
  • DocketComplaint; Filed by Yair Ohana (Plaintiff); Julie Ohana (Plaintiff)

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  • 02/14/2017
  • DocketCOMPLAINT FOR DAMAGES (PERSONAL INJURY-PROPERTY DAMAGE)

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  • 02/14/2017
  • DocketSUMMONS

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Tentative Rulings

Case Number: ****0425    Hearing Date: September 16, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

YAIR OHANA, ET AL.,

Plaintiff(s),

vs.

A&A READY MIXED CONCRETE, INC., ET AL.,

Defendant(s).

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Case No.: ****0425

[TENTATIVE] ORDER FINDING MOTION TO QUASH DEPOSITION SUBPOENAS MOOT

Dept. 31

8:30 a.m.

September 16, 2020

Plaintiffs, Yair and Julie Ohana filed this action against Defendants, A&A Ready Mixed Concrete, Inc. and Lorenzo Taylor (collectively, “Defendants”) for damages arising from a motor vehicle accident.

Defendants propounded deposition subpoenas for production of business records to various entities requesting Plaintiff Yair Ohana’s (“Plaintiff”) medical records on 3/3/20. Plaintiff provides it objected to the subpoenas and attempted to meet and confer with Defendants concerning the scope and duration of the subpoenas. Plaintiff provides the meet and confer efforts continued until 3/27/20, where Defendants offered to withdraw the original subpoenas if Plaintiff agreed to Defendants amended subpoenas. Plaintiff asserts he attempted to continue meeting and conferring over the proposed amended subpoenas but did not receive a response from Defendants, so Plaintiff filed the instant motion that same date, 3/27/20.

Plaintiff’s motion was originally set to be heard 5/27/20. Based on current conditions, including but not limited to the spread of COVID-19, the court continued the hearing to 9/16/20 and ordered Plaintiff to give notice. (4/23/20.) Plaintiff filed notice of such on 5/4/20.

On 8/31/20, Defendants filed their opposition stating that the deposition subpoenas at which Plaintiff’s motions are directed were withdrawn on 3/30/20. Defendants state they thereafter issued amended subpoenas on 4/1/20, 5/7/20, 7/6/20, and 7/22/20; with no objections being asserted to the most recent 7/22/20 subpoenas. Moreover, Defendants state they have reserved the date of 12/3/20 for an IDC concerning the subject discovery dispute, which Plaintiff has agreed to participate in. (See Opp. Perkins Decl. ; ; 34-35, Exhs. CC-DD.)

Because the original subpoenas were withdrawn and amended subpoenas have been issued, the court finds Plaintiff’s motion is moot. The court orders the parties to continue to meet and confer regarding the subpoenas and to participate, if necessary, in the 12/3/20 IDC before filing any further motions concerning the subject discovery.

The sole remaining is whether sanctions should be imposed. CCP ; 1987.2(a) permits the Court, in its discretion, to impose sanctions if it finds the motion was made or opposed in bad faith or without substantial justification or that one or more of the requirements of the subpoena was oppressive.

The court does not make such a finding in this case. Defendants’ evidence shows that on 3/27/20, Plaintiff gave Defendants approximately 20 minutes to respond to an email concerning the motion before filing it. The Court understands that the deadline to file a motion to quash was that same date. However, that deadline was not jurisdictional (see Slagle v. Superior Court (1989) 211 Cal.App.3d 1309, 1313) and, in light of the Defendants’ amended subpoenas, Plaintiff should not have incurred attorneys’ fees to file the motion while the parties were meeting and conferring over the subpoenas. For the foregoing reasons, the Court does not impose sanctions in Plaintiff’s favor. A demand that Defendants respond to an email within 20 minutes is not a reasonable attempt to meet and confer before filing the subject motions.

Plaintiff is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept31@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.

Dated this 16th day of September, 2020

Hon. Judge Thomas D. Long

Judge of the Superior Court



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