This case was last updated from Los Angeles County Superior Courts on 10/25/2020 at 17:15:08 (UTC).

YOLANDA BONILLA VS COUNTY OF LOS ANGELES ET AL

Case Summary

On 11/07/2017 YOLANDA BONILLA filed a Personal Injury - Other Personal Injury lawsuit against COUNTY OF LOS ANGELES. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are JON R. TAKASUGI and HOLLY E. KENDIG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2754

  • Filing Date:

    11/07/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Norwalk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

JON R. TAKASUGI

HOLLY E. KENDIG

 

Party Details

Plaintiffs, Petitioners and Cross Defendants

BONILLA YOLANDA

HUSSEY SEATING COMPANY U.S.A.

HERK EDWARDS INC.

Defendants, Respondents and Cross Plaintiffs

BELLFLOWER MIDDLE & HIGH SCHOOL

LOS ANGELES COUNTY OF

DOES 1 TO 100

BELLFLOWER UNIFIED SCHOOL DISTRICT

HERK EDWARDS INC.

COUNTY OF LOS ANGELES

HUSSEY SEATING COMPANY

HUSSEY SEATING COMPANY [DOE 1]

HERK EDWARDS INC. [DOE 2]

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

KIELTY THOMAS W.

KIELTY THOMAS WILLIAM

DOUCETTE JASON REILLY

Defendant and Respondent Attorneys

ROCHE ROBERT J. ESQ.

ROCHE ROBERT JAMES ESQ.

Defendant and Cross Plaintiff Attorney

ROCHE ROBERT JAMES ESQ.

Plaintiff and Cross Defendant Attorney

KIELTY THOMAS WILLIAM

 

Court Documents

Separate Statement - SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTEROGATORIES, SET ONE

9/24/2020: Separate Statement - SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTEROGATORIES, SET ONE

Order - ORDER COURT ORDER/RULING (HEARING HELD 8-27-20)

8/27/2020: Order - ORDER COURT ORDER/RULING (HEARING HELD 8-27-20)

Association of Attorney

8/6/2020: Association of Attorney

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 05/06/2020

5/6/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 05/06/2020

Minute Order - MINUTE ORDER (COURT ORDER)

5/6/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Minute Order - MINUTE ORDER (COURT ORDER)

4/22/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/03/2020

4/3/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/03/2020

Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE; CASE MANAGEMENT CONFERENCE)

1/8/2020: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE; CASE MANAGEMENT CONFERENCE)

Reply - REPLY SURREPLY TO REPLY SROGS

11/5/2019: Reply - REPLY SURREPLY TO REPLY SROGS

Opposition - OPPOSITION OPPOSITION TO MTC RESPONSES RFA

10/25/2019: Opposition - OPPOSITION OPPOSITION TO MTC RESPONSES RFA

Declaration - DECLARATION DECLARATION OF RJR OF OPPOSITION TO MTC RESPONSES TO RFD

10/25/2019: Declaration - DECLARATION DECLARATION OF RJR OF OPPOSITION TO MTC RESPONSES TO RFD

Motion to Compel Further Discovery Responses

10/16/2019: Motion to Compel Further Discovery Responses

Separate Statement

10/16/2019: Separate Statement

Amendment to Complaint (Fictitious/Incorrect Name)

7/10/2019: Amendment to Complaint (Fictitious/Incorrect Name)

Answer

4/2/2019: Answer

Request for Judicial Notice

1/7/2019: Request for Judicial Notice

Order - Order to file Second Amended Complaint. - Second Amended Complaint may be filed in this action within 10-days. Defendants may file a Demurrer within 30-days of service of the Second Amended

12/21/2018: Order - Order to file Second Amended Complaint. - Second Amended Complaint may be filed in this action within 10-days. Defendants may file a Demurrer within 30-days of service of the Second Amended

REQUEST FOR DISMISSAL -

6/22/2018: REQUEST FOR DISMISSAL -

124 More Documents Available

 

Docket Entries

  • 07/27/2021
  • Hearing07/27/2021 at 09:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Jury Trial

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  • 07/13/2021
  • Hearing07/13/2021 at 09:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Final Status Conference

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  • 06/15/2021
  • Hearing06/15/2021 at 10:30 AM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion to Compel Further Discovery Responses

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  • 06/02/2021
  • Hearing06/02/2021 at 08:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Mandatory Settlement Conference (MSC)

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  • 02/04/2021
  • Hearing02/04/2021 at 09:30 AM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion to Compel FURTHER RESPONSES TO PLAINTIFF?S SPECIAL INTERROGATORIES, SET ONE

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  • 02/04/2021
  • Hearing02/04/2021 at 09:30 AM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion to Compel FURTHER RESPONSES TO PLAINTIFF'S REQUEST FOR DOCUMENTS, SET ONE

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  • 01/07/2021
  • Hearing01/07/2021 at 09:30 AM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion to Compel Third Party's Compliance with Subpoena for Documents

    Read MoreRead Less
  • 01/07/2021
  • Hearing01/07/2021 at 09:30 AM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion to Compel MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFF?S FORM INTERROGATORIES, SET ONE

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  • 09/24/2020
  • DocketSeparate Statement (in Support of Motion to Compel Further Responses to Special Interogatories, Set One); Filed by YOLANDA BONILLA (Plaintiff)

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  • 09/24/2020
  • DocketMotion to Compel (Further Responses to Special Interrogatories, Set One); Filed by YOLANDA BONILLA (Plaintiff)

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182 More Docket Entries
  • 06/22/2018
  • DocketRequest for Dismissal; Filed by YOLANDA BONILLA (Plaintiff)

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  • 06/22/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES); Filed by null

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  • 06/22/2018
  • DocketFirst Amended Complaint; Filed by YOLANDA BONILLA (Plaintiff)

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  • 06/22/2018
  • DocketPartial Dismissal (with Prejudice); Filed by YOLANDA BONILLA (Plaintiff)

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  • 06/22/2018
  • DocketSUMMONS

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  • 05/25/2018
  • DocketDeclaration; Filed by BELLFLOWER UNIFIED SCHOOL DISTRICT (Defendant); BELLFLOWER MIDDLE & HIGH sCHOOL (Defendant)

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  • 05/25/2018
  • DocketDECLARATION OF ROBERT J. ROCHE CODE OF CIVIL PROCEDURE SECTION 430.41(A)(2) INABILITY TO MEET AND CONFER

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  • 11/07/2017
  • DocketComplaint; Filed by YOLANDA BONILLA (Plaintiff)

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  • 11/07/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 11/07/2017
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC682754    Hearing Date: August 27, 2020    Dept: C

YOLANDA BONILLA vs. COUNTY OF LOS ANGELES ET AL

CASE NO.:  BC682754 

HEARING:  08/27/2020

JUDGE: OLIVIA ROSALES

#7

TENATIVE ORDER

Plaintiffs’ Motion to Compel Further Responses to Form Interrogatories (set one), Special Interrogatories (set one), Request for Production of Documents (set one), and Request for Admissions (set one) directed towards Bellflower Unified School District is TAKEN OFF CALENDAR.

Moving Party to give Notice.

A motion to compel a further response must be noticed within 45 days of the service of the verified response, or any supplemental response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing. (CCP §§ 2030.300(c), 2031.310(c), 2033.290(c); see also Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1409; Vidal Sassoon, Inc. v. Superior Court (1983) 147 Cal.App.3d 681, 685).) Otherwise, the propounding party waives any right to compel further responses. (Id.)

On June 12, 2019, Plaintiff Yolanda Bonilla (“Plaintiff”) served Defendant Bellflower Unified School District (“Defendant”) Form Interrogatories, Special Interrogatories, Request for Production of Documents, and Request for Admissions. After an IDC on August 5, 2019, Plaintiff again served Defendant identical discovery requests on the same date. Defendant initially served Plaintiff responses on September 9, 2019, containing only objections. On October 16, 2019, Plaintiff filed the instant motions to compel further responses to over 200 discovery requests. Due to the spread of COVID-19, the Court ultimately continued the instant motions to August 27, 2020.

Both Defendant and Plaintiff filed supplemental oppositions and supplemental replies on August 14 and 21, 2020, respectively. The Court notes, generally, sur-replies, supplemental oppositions, and new evidence are not permitted. (See Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538.) However, given the instant case’s exceptional circumstances, the Court shall address the parties’ arguments.

In sum, Plaintiff’s original ground to compel further responses is based on Defendant serving meritless objections. However, this is no longer the current state of discovery. On April 6 and August 5, 2020, Defendant served verified supplemental responses to Plaintiff’s above discovery requests. Albeit, the supplemental responses contain a hybrid of substantive answers and objections, which Plaintiff contends is unsatisfactory. Pursuant to CCP sections 2030.300(c), 2031.310(c), and 2033.290(c), a motion to compel a further response must be noticed within 45 days of the service of the verified response, or any supplemental response. Therefore, Plaintiff has 45 days to file motions to the compel further responses to Defendant’s latest verified supplemental responses—which were served on August 5, 2020.

Additionally, the Court reminds the parties of CRC, rule 3.26, which governs civility in litigation. Specifically, Appendix 3.A, subdivision (d)(1), states, “Counsel should at all times be civil and courteous in communicating with adversaries, whether in writing or orally.”

Accordingly, Plaintiff’s motions are TAKEN OFF CALENDAR. The Court notes Plaintiff is still within the 45-day limit to file motion to compel further responses to the above discovery requests.

Case Number: BC682754    Hearing Date: February 05, 2020    Dept: SEC

BONILLA v. COUNTY OF LOS ANGELES

CASE NO.:  BC682754

HEARING:  02/05/2020

#13

TENTATIVE ORDER

Defendant BELLFLOWER UNIFIED SCHOOL DISTRICT’s Motion to Reclassify is DENIED.

Opposing Party to give Notice.

Defendant BELLFLOWER UNIFIED SCHOOL DISTRICT (“BUSD”) argues that Plaintiff’s case is incorrectly classified as an unlimited jurisdiction case, and should be reclassified as a limited jurisdiction case where Plaintiff’s Government Code Claim only seeks $15,000.00 in damages.

In Opposition, Plaintiff argues that BUSD’s is untimely and that BUSD has not shown that the matter will “necessarily” result in a verdict below $25,000.00.

“If a party files a motion for reclassification after the time for that party to amend the party’s initial pleading or respond to a complaint, cross-complaint, or other initial pleading, the court shall grant the motion and enter an order for reclassification only if both the following conditions are satisfied: (1) The case is incorrectly classified. (2) The moving party shows good cause for not seeking reclassification earlier.” (CCP §403.040(b).)

“[N]o suit for money damages may be brought against a public entity on a cause of action for which a claim is required to be presented…until a written claim therefor has been presented to the public entity….” (Cal. Gov. Code §945.4.) “A claim shall be presented by the claimant…and shall show…(f) The amount claimed if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case.” (Cal. Gov. Code §910(f).) However, “a] statutory claim need only list ‘[t]he amount claimed…as of the date of presentation…, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known….’ (§910, subd. (f).) The claims statute does not require that a plaintiff be clairvoyant or accurately predict his future damages. It is well settled that a plaintiff who suffers continuing damages may be awarded damages accruing after submission of the claim. (Amador Valley Investors v. City of Livermore (1974) 43 Cal.App.3d 483, 489-490 [ ].)” (Ocean Services Corp. v. Ventura Port. Dist. (1993) 15 Cal.App.4th 1762, 1778.)

The Court can transfer to limited jurisdiction only if “it becomes clear that the matter will ‘necessarily’ result in a verdict below the superior court jurisdictional amount.” (Walker v. Superior Court (1991) 53 Cal.3d 257, 262.)

BUSD’s Motion to Reclassify is denied. As indicated above, Plaintiff is not barred from seeking damages in excess from those itemized in her Government Claim. Although Plaintiff initially submitted a Government Claim seeking only $15,000 in damages, the Court finds that a verdict over $25,000.00 is not virtually unattainable based on Plaintiff’s prayer for damages and alleged injuries.

BUSD’s evidentiary objections to the Declaration of Thomas Kielty are OVERRULED.

Case Number: BC682754    Hearing Date: November 13, 2019    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

YOLANDA BONILLA,

Plaintiff,

v.

COUNTY OF LOS ANGELES, ET AL.,

Defendants.

Case No.: BC682754

ORDER TRANSFERRING COMPLICATED PERSONAL INJURY (PI) CASE TO AN INDEPENDENT CALENDAR (IC) COURT

After review of the court file, the Court makes the following order:

Department 3 of the Personal Injury Court has determined that the above entitled action is complicated based upon the number of pretrial hearings and/or the complexity of the issues presented.

AT THE DIRECTION OF DEPARTMENT 1:

This case is hereby transferred and reassigned to the following Independent Calendar Court in THE SOUTHEAST DISTRICT, JUDGE BERNAL presiding in DEPT. F of the NORWALK Courthouse, for all purposes except trial. Department 1 hereby delegates to the Independent Calendar Court the authority to assign the cause for trial to that Independent Calendar Court.

The Order is signed and filed this date, and incorporated herein by reference. Any pending motions or hearings, including trial and status conferences, will be reset, continued or vacated at the direction of the newly assigned Independent Calendar court.

Upon receipt of this notice, counsel for Plaintiff shall give notice to all parties of record.

DATED: November 7, 2019 ___________________________

Hon. Jon Takasugi

Judge of the Superior Court

Case Number: BC682754    Hearing Date: November 07, 2019    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

YOLANDA BONILLA,

Plaintiff,

v.

COUNTY OF LOS ANGELES, ET AL.,

Defendants.

Case No.: BC682754

ORDER TRANSFERRING COMPLICATED PERSONAL INJURY (PI) CASE TO AN INDEPENDENT CALENDAR (IC) COURT

After review of the court file, the Court makes the following order:

Department 3 of the Personal Injury Court has determined that the above entitled action is complicated based upon the number of pretrial hearings and/or the complexity of the issues presented.

AT THE DIRECTION OF DEPARTMENT 1:

This case is hereby transferred and reassigned to the following Independent Calendar Court in THE SOUTHEAST DISTRICT, JUDGE BERNAL presiding in DEPT. F of the NORWALK Courthouse, for all purposes except trial. Department 1 hereby delegates to the Independent Calendar Court the authority to assign the cause for trial to that Independent Calendar Court.

The Order is signed and filed this date, and incorporated herein by reference. Any pending motions or hearings, including trial and status conferences, will be reset, continued or vacated at the direction of the newly assigned Independent Calendar court.

Upon receipt of this notice, counsel for Plaintiff shall give notice to all parties of record.

DATED: November 7, 2019 ___________________________

Hon. Jon Takasugi

Judge of the Superior Court