On 05/26/2017 YESENIA SKOULPHONG filed a Personal Injury - Other Personal Injury lawsuit against STARWOOD CAPITAL GROUP GLOBAL. 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.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
WESTFILED WEST VOVINA
NATIONWIDE JANITORIAL SERVICE
STARWOOD CAPITAL GROUP GLOBAL
WEST COVINA INTERSTATE CLEANING
DOES 1 TO 50
WEST COVINA MALL
PLAZA WEST COVINA
VOVINA WESTFILED WEST
KHAKSHOOY BOB B. ESQ.
KHAKSHOOY BOB BABAK ESQ.
KENNEDY JOHN M.
GARRELL PETER EDWARD ESQ.
11/9/2018: Minute Order
11/26/2018: Minute Order
12/4/2018: Proof of Service by Substituted Service
12/4/2018: Proof of Personal Service
1/30/2019: Minute Order
1/31/2019: Notice of Ruling
4/8/2019: Substitution of Attorney
5/21/2019: Motion for Leave
5/26/2017: COMPLAINT FOR DAMAGES FOR: (1) PREMISES LIABILITY AND (2) NEGLIGENCE
Motion for Leave (DEFENDANTS PLAZA WEST COVINA, LP AND NATIONWIDE JANITORIAL SERVICES, INC.?S NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE CROSS-COMPLAINT AND TO CONTINUE THE TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JOHN M. KENNEDY; [PROPOSED] CRO); Filed by Nationwide Janitorial Service (Defendant); Starwood Capital Group Global Erroneously Sued As Plaza West Covina (Defendant)Read MoreRead Less
Answer; Filed by Nationwide Janitorial Service (Defendant)Read MoreRead Less
Substitution of Attorney; Filed by Starwood Capital Group Global Erroneously Sued As Plaza West Covina (Defendant)Read MoreRead Less
Notice of Ruling; Filed by Starwood Capital Group Global Erroneously Sued As Plaza West Covina (Defendant)Read MoreRead Less
at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Trial Setting Conference - HeldRead MoreRead Less
at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Order to Show Cause Re: Dismissal (for Failure of Plaintiff to Serve/Prosecute) - Not Held - Vacated by CourtRead MoreRead Less
Minute Order ( (Order to Show Cause Re: Dismissal for Failure of Plaintiff to...)); Filed by ClerkRead MoreRead Less
Notice of Posting of Jury Fees; Filed by Starwood Capital Group Global Erroneously Sued As Plaza West Covina (Defendant)Read MoreRead Less
Answer; Filed by Starwood Capital Group Global Erroneously Sued As Plaza West Covina (Defendant)Read MoreRead Less
Proof of Service of Summons; Filed by Yesenia Skoulphong (Plaintiff)Read MoreRead Less
Proof of Service of Summons; Filed by Yesenia Skoulphong (Plaintiff)Read MoreRead Less
at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Non-Jury Trial - Not Held - Taken Off Calendar by CourtRead MoreRead Less
Minute Order ((Non-Jury Trial)); Filed by ClerkRead MoreRead Less
at 10:00 AM in Department 3, Jon R. Takasugi, Presiding; Final Status Conference - Not Held - Continued - Court's MotionRead MoreRead Less
at 08:31 AM in Department 3, Jon R. Takasugi, Presiding; Final Status Conference ((Taken off calendar - No POS)) - Not Held - Taken Off Calendar by CourtRead MoreRead Less
Minute Order ((Final Status Conference)); Filed by ClerkRead MoreRead Less
COMPLAINT FOR DAMAGES FOR: (1) PREMISES LIABILITY AND (2) NEGLIGENCERead MoreRead Less
SUMMONSRead MoreRead Less
Complaint; Filed by Yesenia Skoulphong (Plaintiff)Read MoreRead Less
Case Number: BC663132 Hearing Date: February 23, 2021 Dept: 31
Case Number: BC722807 Hearing Date: February 23, 2021 Dept: 31
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
MSP PARTNERS I, LLC, ET AL.,
Case No.: BC722807
[TENTATIVE] (1) ORDER GRANTING MOTION TO COMPEL DEPOSITION OF PLAINTIFF; (2) ORDER GRANTING MOTION TO COMPEL PLAINTIFF’S IME
February 23, 2021
Plaintiff, Laurent Corson filed tis action against Defendants, MSP Partners I, LLC, et al. alleging that Plaintiff was attacked with a metal spatula by Defendant, Jose Rubio, who was employed by MSP Partners I, LLC at the time.
Defendants, MSP Partners I, LLC and Jose Rubio (collectively, “Defendants”) now move for an order (1) to compel the deposition of Plaintiff and production of documents, and (2) to compel compliance with independent medical examination and request for sanctions.
These matters were originally heard on 8/13/20, where they were continued to 2/23/21. The court was advised at the hearing the meet and confer meetings regarding these motions were done. (Min. Order 8/13/20.)
Motion to Compel Plaintiff’s Deposition and Production of Documents, filed 6/25/20
Defendants, MSP Partners I, LLC and Jose Rubio noticed Plaintiff’s deposition on numerous occasions. Mostly recently, Defendant scheduled the deposition for 6/10/20. To date, Plaintiff has failed to appear for Plaintiff’s deposition.
CCP §2025.450(b)(2) provides, “The motion shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.”
Here, Plaintiff has failed to appear for deposition despite Defendants properly noticing such multiple times. Any opposition to the motion was due by 2/8/21. To date, no opposition has been filed. Moreover, Defendants assert there is good cause to compel production of documents included in the deposition notice because they are key to the allegations in the complaint and are required to ascertain Plaintiff’s damages and claims.
The motion is unopposed and granted. (CCP § 2025.450(a).) Further, Defendants establish good cause for the production of requested documents. Plaintiff Laurent Corson is ordered to appear for deposition at a date, time, and location to be noticed by Defendant. Defendant must give at least ten days’ notice of the deposition (notice extended per Code if by other than personal service). Pursuant to CCP § 2025.310, at the election of either Plaintiff or Defendant, the deposition must be completed remotely.
No sanctions are requested and none are imposed in connection with this motion.
Motion to Compel Plaintiff’s Independent Medical Examination (“IME”), filed 7/9/20
Defendants, MSP Partners I, LLC and Jose Rubio seek to Compel Plaintiff’s IME per CCP § 2032.240.
CCP § 2032.240 provides that, when a plaintiff fails to respond to a demand, the defendant may move for an order compelling a response to the demand and compelling compliance with the request for an exam. Moreover, CCP §2032.310(b) provides, “A motion for an examination under subdivision (a) shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination. The motion shall be accompanied by a meet and confer declaration under Section 2016.040.”
On 6/1/20, Defendants propounded a demand for physical examination with Dr. Michel Brones for 7/6/20. The IME did not go forward on that date as Plaintiff failed to appear. Plaintiff does not oppose the motion.
Therefore, Defendants’ motion to compel Plaintiff’s IME is granted.
Plaintiff is ordered to appear for examination with Dr. Michel Brones’ located at 4835 Van Nuys Blvd., Suite 208, Sherman Oaks, CA 91403. The Court notes that Defendant has set forth the proposed scope of the examination, as well as the manner, conditions, and nature of the examination, in the prior notice of IME, and that the scope of the examination may not be expanded in connection with the compelled IME. Counsel must meet and confer to determine the date and time for the examination; if Plaintiff does not meaningfully participate in the meet and confer process, Defendants may unilaterally set the date and time for the examination with at least ten days’ notice to Plaintiff (extended per Code if by other than personal service). The court also requires that the examination be conducted in a manner compliant with all public health orders and recommendations applicable because of the pandemic.
Defendants are ordered to give notice.
Parties who intend to submit on this tentative must send an email to the court at email@example.com 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 23rd day of February, 2021
Hon. Thomas D. Long
Judge of the Superior Court
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