Preview
FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020
EXHIBIT 8
FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020
Page 1
SUPREME COURT OF THE STATE OF NEW YORK
• COUNTY OF KINGS
-------------------------------------x
SHAKIEA WALKER,
Plaintiff,
-against- Index
No.
EBRAHIM M. ALQAIFI, GABER M. ALQAIFI, 522680
GABRIELLE ALEXIS FOX AND LOUIS DYLAN /2018
QUICK
Defendants.
-------------------------------------x
Held Virtually Via Zoom
DATE: September 29, 2020
TIME: 3:18 p.m.
EXAMINATION BEFORE TRIAL of LOUIS DYLAN QUICK,
the Defendant in the above-entitled action, taken by
the Plaintiff, held at the above time and place
before Jimmy Medrano, a Notary Public within and for
the State of New York, pursuant to Order.
Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY
(718) 858-7700 FAX: (718) 858-7080
FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020
Page 2
S T I P U L A T I O N S
2 IT IS STIPULATED AND AGREED and between the
by
3 attorneys for the respective parties herein, and in compliance
4 with Rule 221 of the Uniform Rules for the Trial Courts:
5 THAT the parties recognize the provision of Rule 3115
6 subdivisions (b), (c) and/or (d). All objections made at a
7 deposition shall be noted the officer before whom the
by
8 deposition is and the answer shall be given and the
taken,
9 deposition shall proceed subject to the objections and to the
10 right of a person to for appropriate relief pursuant to
apply
11 Article 31 of the CPLR.
12 THAT objection raised a deposition shall
every during
13 be stated and framed so as not to suggest an answer
succinctly
14 to the deponent and, at the request of the questioning
15 attorney, shall include a clear statement as to defect in
any
16 form or other basis or error or irregularity. Except to the
17 extent permitted CPLR Rule 3115 or this the
by by rule, during
18 course of the examination persons in attendance shall not make
19 statements or comments that interfere with the questioning.
20 THAT a deponent shall answer all questions at a
21 except (i) to preserve a privilege or right of
deposition,
22 confidentiality, (ii) to enforce a limitation set forth in an
23 order of a court, or (iii) when the question is plainly
24 improper and would, if answered, cause significant prejudice
25 to person. An shall not direct a deponent not to
any attorney
Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY
(718) 858-7700 FAX: (718) 858-7080
FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020
Page 3
1 answer except as provided in CPLR Rule 3115 or this
2 subdivision. refusal to answer or direction not to answer
Any
3 shall be accompanied a succinct and clear statement of the
by
4 basis therefore. If the deponent does not answer a question,
5 the shall have the right to complete the
examining party
6 remainder of the deposition.
7 THAT an shall not interrupt the deposition
attorney
8 for the purpose of with the deponent unless all
communicating
9 parties consent or the communication is made for the purpose
10 of whether the question should not be answered on
determining
11 the grounds set forth in section 221.2 or these rules in
and,
12 such event, the reason for the communication shall be stated
13 for the record and clearly.
succinctly
14 THAT failure to object to question or to move to
any
15 strike at this examination
any testimony
16 shall not be a bar or waiver to make such objection
17 or motion at the time of the trial of this action,
18 and is reserved; and
hereby
19 THAT this examination be signed and sworn to
may by
20 the witness examined herein before but
any Notary Public,
21 failure to do so or to return the original of the examination
22 to the on whose behalf the examination is taken shall
attorney
23 not be deemed a waiver of the rights provided Rules 3116
by
24 and 3117 of the CPLR, and shall be controlled and
thereby,
25 THAT certification and of the original of this
filing
Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY
(718) 858-7700 FAX: (718) 858-7080
FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020
Page 4
1 examination are waived; and
2 THAT the shall provide counsel
questioning attorney
3 for the witness examined herein with a of this
copy
4 examination at no charge.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY
(718) 858-7700 FAX: (718) 858-7080
FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020
Page 5
1 A P P E A R A N C E S:
2
3 RUBENSTEIN & ESQS.
RYNECKI,
Attorneys for Plaintiff
4 16 Court Street
Brooklyn, New York 11241
5 BY: HARRIS ESQ.
MARKS,
6
7 MORRISSEY
BAKER, MCEVOY, & MOSKOVITS, P.C.
ATTORNEYS AT LAW
8 Attorneys for Defendants
EBRAHIM M. ALQAIFI AND GABER M. ALQAIFI
9 1 MetroTech Center
Brooklyn, New York 11201
10 BY: SUSAN LUBOWITZ OF COUNSEL
ESQ.,
FILE: 1036486
11
12 ROE & ASSOCIATES
Attorneys for Defendants
13 GABRIELLE ALEXIS FOX AND
LOUIS DYLAN QUICK
14 5 Hanover Suite 2201
Square,
New York, New York 10004
15 BY: CHRISTINE ESQ.
FONTAINE,
16
17
18
19
20
21
22
23
24
Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY
(718) 858-7700 FAX: (718) 858-7080
FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020
L. D. QUICK
Page 6
2 L O U I S D Y L A N U I C called as
Q K,
3 a been first sworn a
witness, having duly by
4 Public in and of the State of New
Notary York,
5 was examined and testified as follows:
6
7 EXAMINATION BY
8 MR. MARKS:
9 Q. Would you state your name for the record,
10 please?
11 A. Louis Dylan Quick.
12 Q. Would you state your address for the
13 record?
14 A. 155-29 100th Howard New
Street, Beach,
15 York 11414.
16 Q. Good Mr. Quick. The address
afternoon,
17 that you just provided how have you
us, long
18 been there?
residing
19 A. whole 27 years.
My life,
20 Q. Did you reside there on August 2018?
22,
21 A. yes.
22 Q. Who did you reside with on August 22,
23 if anyone?
2018,
24 A. family; mother and sisters.
My my
25 Q. Can you tell me their names?
Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY
(718) 858-7700 FAX: (718) 858-7080
FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020
L. D. QUICK
Page 7
1 A. Oldest sister's name is second one
Erica,
2 is Stephanie. mother's name is Phyllis and
My
3 father's name is Luis.
4 Q. Are all of their last names Quick?
5 A. yes.
6 Q. Do you have a middle sir?
name,
7 A. I do.
Yes,
8 Q. What is it?
9 A. Dylan.
10 Q. Are you familiar with an individual named
11 Gabrielle Alexis Fox?
12 A. Gabrielle and yes.
Actually,
13 Q. Who is that?
14 A. girlfriend.
My
15 Q. Did you reside with her on August 22,
16 2018?
17 A. yes.
18 Q. She lived at that address or you lived at
19 multiple addresses?
20 A. No. She lives at -- I don't know her
21 exact address. 134 on 97th Street. That
22 Ozone Park.
23 Q. Are you still her?
dating
24 A. yes.
25 Q. Do you know if she lives at 137-14 97th
Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY
(718) 858-7700 FAX: (718) 858-7080
FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020
L. D. QUICK
1 Street?
2 A. Yes.
3 Q. back on August did you own
Now, 22, 2018,
4 vehicles?
any
5 A. No.
6 Q. Back on August did members
22, 2018, any
7 of the household where you reside own any
8 vehicles?
9 A. yes.
10 Q. Who owned a vehicle?
11 A. two maybe
My father, my sisters, my
12 mother. I am not sure on that.
really
13 Q. Each one of your sisters owned a vehicle?
14 A. yes.
15 Q. Did you have three or more vehicles at
16 your home where you resided on August 22,
17 2018?
18 A. yes.
19 Q. Was it four or else?
three, something
20 A. Three cars.
21 Q. Do you know if all those cars were under
22 the same insurance or were
policy they
23 different insurance policies?
24 MS. FONTAINE: Objection. You
25 can answer.
Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY
(718) 858-7700 FAX: (718) 858-7080
FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020
L. D. QUICK
1 A. I have no idea.
2 Q. Did you for the insurance on of
pay any
3 those vehicles?
4 A. No.
5 Q. What types of vehicles did have on
they
6 August 2018?
22,
7 A. had SUVs.
They
8 Q. Do you know the name of the type of
9 vehicle?
10 A. One had a one had a and a
Dodge, Chevy
11 Jeep. I am not --
12 Q. Do still own those vehicles?
they
13 A. Some of yes.
them,
14 Q. Which ones?
15 A. The three -- were leased.
truck, they
16 One is back. yeah. still
going Okay, They
17 own them I guess.
18 Q. When you own leased
say they them, they
19 them; is that right?
20 A. yes.
21 Q. Has the lease run out yet or do they
22 still have the vehicles in their
currently
23 possession?
24 A. No. don't have of them.
They any
25 Q. of the vehicles that were there on
Any
Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY
(718) 858-7700 FAX: (718) 858-7080
FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020
L. D. QUICK
1 August 2018?
22,
2 A. yes. There's none.
3 Q. What's your current marital status?
4 A. Single.
5 Q. Where were you born?
6 A. New York.
7 Q. What's your highest level of education?
8 A. High school.
9 Q. Did you graduate high school?
10 A. yeah.
11 Q. When was that?
12 A. In 2018. No. It can't be. It's
2019,
13 been a while. Maybe 2014. Haven't been to
14 school in a
--
15 Q. Have you ever been convicted of a crime?
16 A. No.
17 Q. Are you employed?
currently
18 A. yes.
19 Q. What is your occupation?
20 A. I am a window cleaner. Building
21 maintenance.
22 Q. Do you work for a company?
23 A. yes.
24 Q. What is that?
company
25 A. The name of the is Upgrade
company
Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY
(718) 858-7700 FAX: (718) 858-7080
FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020
L. D. QUICK
1 Services.
2 Q. How have you been for
long working
3 Upgrade Services?
4 A. Six years.
5 Q. Back on August were you
22, 2018, working
6 for Upgrade Services?
7 A. yes.
8 Q. What are your duties and responsibilities
9 at Upgrade Services?
10 A. We clean windows on the outside of
11 skyscrapers.
12 Q. Are you in a union?
13 A. Yes.
14 Q. What union is that?
15 A. 32BJ.
16 Q. In order to work as a window did
cleaner,
17 you have to pass some sort of certification?
18 A. yes.
19 MR. MARKS: Off the record.
20 an off-the-record
(Whereupon,
21 discussion was held at this time.)
22 Q. What type of certification was that?
23 A. Thirty-hour suspended scaffold.
OSHA,
24 that's about it.
There,
25 Q. How days a week did you work back in
many
Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY
(718) 858-7700 FAX: (718) 858-7080
FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020
L. D. QUICK
Page 12
1 August of 2018?
2 A. Five days a week.
3 Q. Is that through or
Monday Friday
4 different than that?
something
5 A. through Friday.
Monday
6 Q. What were your hours generally?
7 A. From seven in the to three in the
morning
8 afternoon.
9 Q. Back on August did you have a
22, 2018,
10 driver's license?
11 A. yes.
12 Q. Was that driver's license valid?
13 A. yes.
14 Q. Did you have restrictions on your
any
15 driver's licenses?
16 A. No.
17 Q. Do you wear contacts or glasses?
18 A. No.
19 Q. Prior to August has your
22, 2018,
20 driver's license ever been suspended or
21 revoked?
22 A. No.
23 Q. On August were you a
22, 2018, operating
24 motor vehicle?
25 A. yes.
Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY
(718) 858-7700 FAX: (718) 858-7080
FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020
L. D. QUICK
Page 13
1 Q. What type of vehicle were you operating?
2 A. It was an Infiniti.
3 Q. Do you know what type of Infiniti it was?
4 A. Four-door sedan.
5 Q. What color was it?
6 A. silver.
7 Q. Do you know the model of Infiniti that it
8 was?
9 A. I'm not sure.
10 Q. Do you know what year the Infiniti was?
11 A. I'm not sure.
12 Q. Do you know who the owner of that vehicle
13 was?
14 A. yes.
15 Q. Who was that?
16 A. It was Stephanie Quick.
my sister's,
17 Q. How vehicles did you drive on
many
18 August 2018?
22,
19 A. One.
20 Q. Had you ever used Gabrielle Fox's
21 vehicle?
22 A. yes.
23 Q. Did she also have an Infiniti sedan?
24 A. it again. I am sorry.
Say
25 Q. Did she also have an Infiniti?
Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY
(718) 858-7700 FAX: (718) 858-7080
FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020
L. D. QUICK
1 A. No.
2 Q. What type of vehicle did she have?
3 A. She had a I believe.
Jeep
4 Q. What is your date of birth?
5 MR. MARKS: We will just put the
6 year on the record.
7 A. XX-XX-1993.
8 Q. Did you have permission to drive the
9 Infiniti sedan?
10 A. Yes.
11 Q. How were you given that permission?
12 A. From Gabrielle.
13 Q. Was the Infiniti Gabrielle's or your
14 sister's?
15 A. It was Gabrielle's.
16 Q. And she gave you permission to drive that
17 vehicle?
18 A. Yes.
19 Q. How back in August would
often, 22, 2018,
20 you drive that Infiniti?
21 A. Not very.
22
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Having considered the moving papers, the Court rules as follows.
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California Rules of Court, rule 3.1362, provides:
(a) Notice
A notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) must be directed to the client and must be made on the Notice of Motion and Motion to Be Relieved as Counsel-Civil (form MC-051).
(b) Memorandum
Notwithstanding any other rule of court, no memorandum is required to be filed or served with a motion to be relieved as counsel.
(c) Declaration
The motion to be relieved as counsel must be accompanied by a declaration on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil (form MC-052). The declaration must state in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1).
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The notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case. The notice may be by personal service, electronic service, or mail.
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Under Code of Civil Procedure section 576, [a]ny judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.
A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross-complaint, to assert such cause at any time
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Code Civ. Proc., § 426.50.) (Emphasis added.)¿
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The Court of Appeals has explained: The legislative mandate is clear. A policy of liberal construction of section 426.50 to avoid forfeiture of causes of action is imposed on the trial¿court. A motion to file a cross-complaint at any time
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Bad faith, is defined as [t]he opposite of good faith, generally implying or involving actual or constructive fraud, or a design to mislead or deceive another, or a neglect or refusal to fulfill some duty or some contractual obligation, not prompted by an honest mistake . . ., but by some interested or sinister motive[,] . . . not simply bad judgment or negligence, but rather . . . the conscious doing of a wrong because of dishonest purpose or moral obliquity; . . . it contemplates a state of mind affirmatively operating with furtive design or ill will. (
Id
. at 100.)
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This discretion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit.¿(
Kittredge Sports Co. v. Superior Court
¿(1989) 213 Cal.App.3d 1045, 1047.)¿Ordinarily, the court will not consider the validity of the proposed amended pleading in ruling on a motion for leave since grounds for a demurrer or motion to strike are premature.¿The court, however, does have discretion to deny leave to amend where a proposed amendment fails to state a valid cause of action as a matter of law and the defect cannot be cured by further amendment. (
See
¿
California Casualty General Ins. Co. v. Superior Court¿
(1985) 173 Cal.App.3d 274, 281¿[overruled on other grounds by¿
Kransco¿v. American Empire Surplus Lines Ins. Co.
¿(2000) 23 Cal.4th 390].)¿
California Rules of Court, rule 3.1324:
Procedural Requirements
Pursuant to California Rules of Court, rule 3.1324(a), a motion to amend a pleading before trial must:
(1) Include a copy of the proposed amendment or amended pleadings, which must be serially numbered to differentiate it from previous pleadings or amendments;
(2) state what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and
(3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located.
In addition, under Rule 3.1324(b), a motion to amend a pleading before trial must be accompanied by a separate declaration that specifies the following:
(1) the effect of the amendment;
(2) why the amendment is necessary and proper;
(3) when the facts giving rise to the amended allegations were discovered; and
(4) the reasons why the request for amendment was not made earlier.
DISCUSSION
As an initial matter, the procedural requirements have not been met since the declaration in support of this motion does not state when the subcontract was discovered or why the amendment was not made earlier. The motion also does not identify by page, paragraph, or line number, where the proposed additions are found. Nevertheless, Burrell has provided a copy of the proposed amended cross-complaint. (Stroup Decl. ¶ 3, Exh. A.)
Burrell was the general contractor for the construction site, and it subcontracted with Foundational Builders, which employed Plaintiff. Burrell argues that the proposed causes of action are based on an agreement between it and Foundational Builders, related to the subcontract. No opposition has been filed for this motion. Therefore, because there is no opposition, and applying the liberal policy in favor of amendments, the motion for leave is granted.
CONCLUSION AND ORDER
Cross-Complainant Burrell Builders, Inc.s motion for leave to file an amended cross-complaint is GRANTED. Burrell shall file and serve its first amended cross-complaint within 10 days.
Burrell shall provide notice of the Courts order and shall file a proof of service of such.
Ruling
FARIBA NOURIAN, AN INDIVIDUAL VS CITY OF LOS ANGELES, A PUBLIC ENTITY, ET AL.
Jul 09, 2024 |
21STCV37420
Case Number:
21STCV37420
Hearing Date:
July 9, 2024
Dept:
B
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - NORTHWEST DISTRICT
FARIBA NOURIAN,
Plaintiff,
vs.
CITY OF LOS ANGELES, et al.,
Defendants.
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CASE NO:
21STCV37420
[TENTATIVE] ORDER RE: DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS
Dept. B
1:30 p.m.
July 9, 2024
I.
BACKGROUND
On October 8, 2021, Plaintiff Fariba Nourian filed a complaint against Defendants City of Los Angeles, The Gary Michael Glushon and Kristan Ann Glushon Family Trust (the Trust), Gary Michael Glushon, Kristin Ann Glushon, and Gary Michael Glushon and Kristan Ann Glushon as Trustees of the Gary Michael Glushon and Kristin Ann Glushon Family Trust, alleging causes of action for negligence and premises liability, arising out of an alleged trip and fall on an uneven and/or raised and/or deteriorating sidewalk.
On May 3, 2024, Defendant the Trust filed this motion for judgment on the pleadings. No opposition has been filed.
II.
LEGAL STANDARD
A defendant may move for judgment on the pleadings where
the court has no jurisdiction of the subject of the cause of action alleged in the complaint or
the complaint does not state facts sufficient to constitute a cause of action against that defendant. (Code Civ. Proc., § 438 subd. (c)(1)(B).) A non-statutory motion for judgment on the pleadings may be made any time before or during trial. (
Stoops v.
Abbassi
(2002) 100 Cal.App.4th 644, 650.) Such motion may be made on the same ground as those supporting a general demurrer,
i.e
., that the pleading at issue fails to state facts sufficient to constitute a legally cognizable claim or defense. (
Ibid.
)
In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties. (Code Civ. Proc., § 452; see also
Stevens v. Superior
Court (1999) 75 Cal.App.4th 594, 601.) When a court evaluates a complaint, the plaintiff is entitled to reasonable inferences from the facts pled. (
Duval v. Board of Tr.
(2001) 93 Cal.App.4th 902, 906.)
In deciding or reviewing a judgment on the pleadings, all properly pleaded material facts are deemed to be true, as well as all facts that may be implied or inferred from those expressly alleged. (
Fire Ins. Exch. v. Superior Court
(2004) 116 Cal.App.4th 446, 452.)
The grounds for a motion for judgment on the pleadings must appear on the face of the challenged complaint or be based on facts which the court may judicially notice. (§ 438(d);
Tiffany v. Sierra Sands Unified School Dist.
(1980) 103 Cal.App.3d 218, 225.) A motion for judgment on the pleadings normally does not lie as to a portion of a cause of action. (
Ibid.
)
In the case of either a demurrer or a motion for judgment on the pleadings, leave to amend should be granted if there is any reasonable possibility that the plaintiff can state a good cause of action. (
Gami
v.
Mullikin
Medical Ctr.
(1993) 18 Cal.App.4th 870, 876.)
III.
DISCUSSION
Defendant the Trust argues that the complaint does not state sufficient facts against Defendant as it is not a legal entity and cannot be sued.
A trust estate is not a legal entity; it is simply a collection of assets and liabilities. As such, it has no capacity to sue, be sued or defend an action. Any litigation must be maintained by, or against, the executor, administrator or trustee of the estate. (
Galdjie v. Darwish
(2003) 113 Cal.App.4th 1331, 1344.)
Here, the complaint names
The Gary Michael Glushon and Kristan Ann Glushon Family Trust
as a defendant. However, a trust is not a proper defendant. Accordingly, the motion for judgment on the pleadings is granted without leave to amend.
IV.
CONCLUSION
Based on the foregoing, Defendants motion for judgment on the pleadings is
GRANTED without leave to amend. The complaint against the Trust is DISMISSED.
Defendant is
ORDERED
to give notice.
DATED: July 9, 2024
_____________________
Karen Moskowitz
Judge of the Superior Court
Ruling
AARON BIRT VS JOHN W. ENNIS
Jul 10, 2024 |
21STCV21202
Case Number:
21STCV21202
Hearing Date:
July 10, 2024
Dept:
T Motion:
Motion to be Relieved as Counsel
Moving Party:
Plaintiffs Counsel, Shaun J. Bauman, Esq.
Responding Party:
None
Tentative Ruling:
Grant
On June 7, 2021, Plaintiff Aaron Birt filed a Complaint against Defendant John W. Ennis for an action arising out of a motor vehicle collision resulting in personal injury and property damage. On June 11, 2024, Plaintiffs Counsel, Shaun J. Bauman filed the instant motion to be Relieved as Counsel (MC-051), along with a supporting Declaration (MC-052), and Proposed Order (MC-053). There is no opposition on file.
The Court may issue an order allowing an attorney to withdraw from representation, after notice to the client. (CCP § 284.) The attorney may withdraw from representation as long as the withdrawal would not result in undue prejudice to the clients interesti.e., counsel cannot withdraw at a critical point in the litigation. (Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915; see California Rule of Professional Conduct 3-700.)
Attorney Shaun J. Bauman, counsel of record for Plaintiff Aaron Birt, seeks to withdraw from representation of Plaintiff. Counsel states that there has been irreconcilable differences between this office and the Plaintiffs. (MC-052.) Counsel further states that such irreconcilable differences have given rise to a significant breakdown in the communication and direction of the case, rendering it impossible for Counsel to continue to represent Plaintiff. (MC-052.) Trial has not been set and thus no prejudice will result from Counsels withdrawal.
Based on the foregoing, Counsel has complied with CRC 3.1362 and the Court finds there is good cause for Counsels withdrawal. Accordingly, the motion is GRANTED.
Ruling
Eric Amadei vs Timothy Morgan, ESQ, et al
Jul 10, 2024 |
23CV00719
23CV00719
AMADEI v. MORGAN
(UNOPPOSED) MOTION TO DEEM THE TRUTH OF MATTERS SPECIFIED
IN PLAINTIFF’S REQUESTS FOR ADMISSIONS, SET ONE AND FOR
MONETARY SANCTIONS
The unopposed motion is granted.
Plaintiff seeks an order deeming the truth of all matters specified in his requests for
admissions, set one, propounded on defendant Morgan. Plaintiff also seeks monetary sanctions in
the amount of $2,145.00.
I. Legal Authority
Pursuant to Code of Civil Procedure section 2033.280, subdivision (b), if a party fails to
serve a timely response to requests for admission, the requesting party may move for an order
that the genuineness of any documents and the truth of any matter specified in the request be
deemed admitted, as well as for monetary sanctions.
Code of Civil Procedure section 2033.280, subdivision (c) requires the court to make this
order “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. It is mandatory that the court impose a
monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or
attorney, or both, whose failure to serve a timely response to requests for admission necessitated
this motion.”
II. Discussion
Page 2 of 3
Pursuant to the Discovery Act, the court shall order the requests for admission as
admitted unless code-compliant responses are served before the hearing. (Code of Civ. Proc. §
2033.280, subd. (c).)
Plaintiff served requests for admissions, set one on April 5, 2024, via electronic service,
on defendant. (Ex. 2 to Dec. of U. Singh.) Defendant failed to respond to the requests and has not
communicated with plaintiff’s counsel regarding the requests. (Dec. of U. Singh at ¶ 8.)
The court deems admitted all matters specified in requests for admissions, set one,
attached to the Declaration of Mr. Singh as Ex. 2. (Code Civ. Proc. § 2033.280, subd. (b).) This
will be the order of the court unless defendant serves, before the hearing on the motion, a
proposed response to the requests for admissions that is in substantial compliance with Code of
Civil Procedure section 2033.220.
The court imposes monetary sanctions against defendant Morgan in the amount of
$1,195.00, payable no later than July 31, 2024.
Notice to prevailing parties: Local Rule 2.10.01 requires you to submit a proposed formal order
incorporating, verbatim, the language of any tentative ruling – or attaching and incorporating the
tentative by reference - or an order consistent with the announced ruling of the Court, in
accordance with California Rule of Court 3.1312. Such proposed order is required even if the
prevailing party submitted a proposed order prior to the hearing (unless the tentative is
simply to “grant”). Failure to comply with Local Rule 2.10.01 may result in the imposition of
sanctions following an order to show cause hearing, if a proposed order is not timely filed.
Document
Ashlyn Lynch v. Collins Building Services, Inc., Madison International Realty, Llc, Atlantic Center Fort Greene Associates, L.P., Atlantic Terminal Mall, First New York Partners Management, Llc, Forest City Ratner Companies, Llc
Jul 09, 2024 |
Torts - Other (Premises) |
Torts - Other (Premises) |
518493/2024
Preview
FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020 EXHIBIT 8 FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020 Page 1 SUPREME COURT OF THE STATE OF NEW YORK • COUNTY OF KINGS -------------------------------------x SHAKIEA WALKER, Plaintiff, -against- Index No. EBRAHIM M. ALQAIFI, GABER M. ALQAIFI, 522680 GABRIELLE ALEXIS FOX AND LOUIS DYLAN /2018 QUICK Defendants. -------------------------------------x Held Virtually Via Zoom DATE: September 29, 2020 TIME: 3:18 p.m. EXAMINATION BEFORE TRIAL of LOUIS DYLAN QUICK, the Defendant in the above-entitled action, taken by the Plaintiff, held at the above time and place before Jimmy Medrano, a Notary Public within and for the State of New York, pursuant to Order. Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY (718) 858-7700 FAX: (718) 858-7080 FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020 Page 2 S T I P U L A T I O N S 2 IT IS STIPULATED AND AGREED and between the by 3 attorneys for the respective parties herein, and in compliance 4 with Rule 221 of the Uniform Rules for the Trial Courts: 5 THAT the parties recognize the provision of Rule 3115 6 subdivisions (b), (c) and/or (d). All objections made at a 7 deposition shall be noted the officer before whom the by 8 deposition is and the answer shall be given and the taken, 9 deposition shall proceed subject to the objections and to the 10 right of a person to for appropriate relief pursuant to apply 11 Article 31 of the CPLR. 12 THAT objection raised a deposition shall every during 13 be stated and framed so as not to suggest an answer succinctly 14 to the deponent and, at the request of the questioning 15 attorney, shall include a clear statement as to defect in any 16 form or other basis or error or irregularity. Except to the 17 extent permitted CPLR Rule 3115 or this the by by rule, during 18 course of the examination persons in attendance shall not make 19 statements or comments that interfere with the questioning. 20 THAT a deponent shall answer all questions at a 21 except (i) to preserve a privilege or right of deposition, 22 confidentiality, (ii) to enforce a limitation set forth in an 23 order of a court, or (iii) when the question is plainly 24 improper and would, if answered, cause significant prejudice 25 to person. An shall not direct a deponent not to any attorney Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY (718) 858-7700 FAX: (718) 858-7080 FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020 Page 3 1 answer except as provided in CPLR Rule 3115 or this 2 subdivision. refusal to answer or direction not to answer Any 3 shall be accompanied a succinct and clear statement of the by 4 basis therefore. If the deponent does not answer a question, 5 the shall have the right to complete the examining party 6 remainder of the deposition. 7 THAT an shall not interrupt the deposition attorney 8 for the purpose of with the deponent unless all communicating 9 parties consent or the communication is made for the purpose 10 of whether the question should not be answered on determining 11 the grounds set forth in section 221.2 or these rules in and, 12 such event, the reason for the communication shall be stated 13 for the record and clearly. succinctly 14 THAT failure to object to question or to move to any 15 strike at this examination any testimony 16 shall not be a bar or waiver to make such objection 17 or motion at the time of the trial of this action, 18 and is reserved; and hereby 19 THAT this examination be signed and sworn to may by 20 the witness examined herein before but any Notary Public, 21 failure to do so or to return the original of the examination 22 to the on whose behalf the examination is taken shall attorney 23 not be deemed a waiver of the rights provided Rules 3116 by 24 and 3117 of the CPLR, and shall be controlled and thereby, 25 THAT certification and of the original of this filing Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY (718) 858-7700 FAX: (718) 858-7080 FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020 Page 4 1 examination are waived; and 2 THAT the shall provide counsel questioning attorney 3 for the witness examined herein with a of this copy 4 examination at no charge. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY (718) 858-7700 FAX: (718) 858-7080 FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020 Page 5 1 A P P E A R A N C E S: 2 3 RUBENSTEIN & ESQS. RYNECKI, Attorneys for Plaintiff 4 16 Court Street Brooklyn, New York 11241 5 BY: HARRIS ESQ. MARKS, 6 7 MORRISSEY BAKER, MCEVOY, & MOSKOVITS, P.C. ATTORNEYS AT LAW 8 Attorneys for Defendants EBRAHIM M. ALQAIFI AND GABER M. ALQAIFI 9 1 MetroTech Center Brooklyn, New York 11201 10 BY: SUSAN LUBOWITZ OF COUNSEL ESQ., FILE: 1036486 11 12 ROE & ASSOCIATES Attorneys for Defendants 13 GABRIELLE ALEXIS FOX AND LOUIS DYLAN QUICK 14 5 Hanover Suite 2201 Square, New York, New York 10004 15 BY: CHRISTINE ESQ. FONTAINE, 16 17 18 19 20 21 22 23 24 Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY (718) 858-7700 FAX: (718) 858-7080 FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020 L. D. QUICK Page 6 2 L O U I S D Y L A N U I C called as Q K, 3 a been first sworn a witness, having duly by 4 Public in and of the State of New Notary York, 5 was examined and testified as follows: 6 7 EXAMINATION BY 8 MR. MARKS: 9 Q. Would you state your name for the record, 10 please? 11 A. Louis Dylan Quick. 12 Q. Would you state your address for the 13 record? 14 A. 155-29 100th Howard New Street, Beach, 15 York 11414. 16 Q. Good Mr. Quick. The address afternoon, 17 that you just provided how have you us, long 18 been there? residing 19 A. whole 27 years. My life, 20 Q. Did you reside there on August 2018? 22, 21 A. yes. 22 Q. Who did you reside with on August 22, 23 if anyone? 2018, 24 A. family; mother and sisters. My my 25 Q. Can you tell me their names? Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY (718) 858-7700 FAX: (718) 858-7080 FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020 L. D. QUICK Page 7 1 A. Oldest sister's name is second one Erica, 2 is Stephanie. mother's name is Phyllis and My 3 father's name is Luis. 4 Q. Are all of their last names Quick? 5 A. yes. 6 Q. Do you have a middle sir? name, 7 A. I do. Yes, 8 Q. What is it? 9 A. Dylan. 10 Q. Are you familiar with an individual named 11 Gabrielle Alexis Fox? 12 A. Gabrielle and yes. Actually, 13 Q. Who is that? 14 A. girlfriend. My 15 Q. Did you reside with her on August 22, 16 2018? 17 A. yes. 18 Q. She lived at that address or you lived at 19 multiple addresses? 20 A. No. She lives at -- I don't know her 21 exact address. 134 on 97th Street. That 22 Ozone Park. 23 Q. Are you still her? dating 24 A. yes. 25 Q. Do you know if she lives at 137-14 97th Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY (718) 858-7700 FAX: (718) 858-7080 FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020 L. D. QUICK 1 Street? 2 A. Yes. 3 Q. back on August did you own Now, 22, 2018, 4 vehicles? any 5 A. No. 6 Q. Back on August did members 22, 2018, any 7 of the household where you reside own any 8 vehicles? 9 A. yes. 10 Q. Who owned a vehicle? 11 A. two maybe My father, my sisters, my 12 mother. I am not sure on that. really 13 Q. Each one of your sisters owned a vehicle? 14 A. yes. 15 Q. Did you have three or more vehicles at 16 your home where you resided on August 22, 17 2018? 18 A. yes. 19 Q. Was it four or else? three, something 20 A. Three cars. 21 Q. Do you know if all those cars were under 22 the same insurance or were policy they 23 different insurance policies? 24 MS. FONTAINE: Objection. You 25 can answer. Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY (718) 858-7700 FAX: (718) 858-7080 FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020 L. D. QUICK 1 A. I have no idea. 2 Q. Did you for the insurance on of pay any 3 those vehicles? 4 A. No. 5 Q. What types of vehicles did have on they 6 August 2018? 22, 7 A. had SUVs. They 8 Q. Do you know the name of the type of 9 vehicle? 10 A. One had a one had a and a Dodge, Chevy 11 Jeep. I am not -- 12 Q. Do still own those vehicles? they 13 A. Some of yes. them, 14 Q. Which ones? 15 A. The three -- were leased. truck, they 16 One is back. yeah. still going Okay, They 17 own them I guess. 18 Q. When you own leased say they them, they 19 them; is that right? 20 A. yes. 21 Q. Has the lease run out yet or do they 22 still have the vehicles in their currently 23 possession? 24 A. No. don't have of them. They any 25 Q. of the vehicles that were there on Any Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY (718) 858-7700 FAX: (718) 858-7080 FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020 L. D. QUICK 1 August 2018? 22, 2 A. yes. There's none. 3 Q. What's your current marital status? 4 A. Single. 5 Q. Where were you born? 6 A. New York. 7 Q. What's your highest level of education? 8 A. High school. 9 Q. Did you graduate high school? 10 A. yeah. 11 Q. When was that? 12 A. In 2018. No. It can't be. It's 2019, 13 been a while. Maybe 2014. Haven't been to 14 school in a -- 15 Q. Have you ever been convicted of a crime? 16 A. No. 17 Q. Are you employed? currently 18 A. yes. 19 Q. What is your occupation? 20 A. I am a window cleaner. Building 21 maintenance. 22 Q. Do you work for a company? 23 A. yes. 24 Q. What is that? company 25 A. The name of the is Upgrade company Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY (718) 858-7700 FAX: (718) 858-7080 FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020 L. D. QUICK 1 Services. 2 Q. How have you been for long working 3 Upgrade Services? 4 A. Six years. 5 Q. Back on August were you 22, 2018, working 6 for Upgrade Services? 7 A. yes. 8 Q. What are your duties and responsibilities 9 at Upgrade Services? 10 A. We clean windows on the outside of 11 skyscrapers. 12 Q. Are you in a union? 13 A. Yes. 14 Q. What union is that? 15 A. 32BJ. 16 Q. In order to work as a window did cleaner, 17 you have to pass some sort of certification? 18 A. yes. 19 MR. MARKS: Off the record. 20 an off-the-record (Whereupon, 21 discussion was held at this time.) 22 Q. What type of certification was that? 23 A. Thirty-hour suspended scaffold. OSHA, 24 that's about it. There, 25 Q. How days a week did you work back in many Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY (718) 858-7700 FAX: (718) 858-7080 FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020 L. D. QUICK Page 12 1 August of 2018? 2 A. Five days a week. 3 Q. Is that through or Monday Friday 4 different than that? something 5 A. through Friday. Monday 6 Q. What were your hours generally? 7 A. From seven in the to three in the morning 8 afternoon. 9 Q. Back on August did you have a 22, 2018, 10 driver's license? 11 A. yes. 12 Q. Was that driver's license valid? 13 A. yes. 14 Q. Did you have restrictions on your any 15 driver's licenses? 16 A. No. 17 Q. Do you wear contacts or glasses? 18 A. No. 19 Q. Prior to August has your 22, 2018, 20 driver's license ever been suspended or 21 revoked? 22 A. No. 23 Q. On August were you a 22, 2018, operating 24 motor vehicle? 25 A. yes. Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY (718) 858-7700 FAX: (718) 858-7080 FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020 L. D. QUICK Page 13 1 Q. What type of vehicle were you operating? 2 A. It was an Infiniti. 3 Q. Do you know what type of Infiniti it was? 4 A. Four-door sedan. 5 Q. What color was it? 6 A. silver. 7 Q. Do you know the model of Infiniti that it 8 was? 9 A. I'm not sure. 10 Q. Do you know what year the Infiniti was? 11 A. I'm not sure. 12 Q. Do you know who the owner of that vehicle 13 was? 14 A. yes. 15 Q. Who was that? 16 A. It was Stephanie Quick. my sister's, 17 Q. How vehicles did you drive on many 18 August 2018? 22, 19 A. One. 20 Q. Had you ever used Gabrielle Fox's 21 vehicle? 22 A. yes. 23 Q. Did she also have an Infiniti sedan? 24 A. it again. I am sorry. Say 25 Q. Did she also have an Infiniti? Jaguar Reporting, Inc., 44 Court Street, Brooklyn, NY (718) 858-7700 FAX: (718) 858-7080 FILED: KINGS COUNTY CLERK 12/24/2020 12:01 PM INDEX NO. 522680/2018 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/24/2020 L. D. QUICK 1 A. No. 2 Q. What type of vehicle did she have? 3 A. She had a I believe. Jeep 4 Q. What is your date of birth? 5 MR. MARKS: We will just put the 6 year on the record. 7 A. XX-XX-1993. 8 Q. Did you have permission to drive the 9 Infiniti sedan? 10 A. Yes. 11 Q. How were you given that permission? 12 A. From Gabrielle. 13 Q. Was the Infiniti Gabrielle's or your 14 sister's? 15 A. It was Gabrielle's. 16 Q. And she gave you permission to drive that 17 vehicle? 18 A. Yes. 19 Q. How back in August would often, 22, 2018, 20 you drive that Infiniti? 21 A. Not very. 22