Preview
FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015
NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018
EXHIBIT B
FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015
NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018
FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015
NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018
9. Set forth the amount of lost earnings or any financial loss incurred and the
method by which the lost earnings and financial loss is computed.
10. Set forth the length of time ifany, plaintiff was incapacitated from employment
or occupation, or if plaintiff was a student, give the name of the school attended, and the grade in
which he was a student.
11. State (a) the plaintiffs date and place of birth (b) plaintiffs social security
number (c) plaintiffs present address and (d) the address of the plaintiff at the time of the
occurrence.
12. Set forth the amounts incurred for:
(a) medical, surgical and dental services, stating separately the amount of
each service identifying by whom rendered;
(b) hospital services, stating separately the name and address of each hospital
and the amount of each bill;
(c) nursing services;
(d) services for ambulance, X-rays, prescription drugs and prosthetics stating
separately the amount of each billand the service for which itwas
rendered;
(e) any other item of expense, or damage;
workers'
(f) if plaintiff received compensation benefits, identify the insurance
workers'
carrier and/or employer who provided said benefits, the
compensation file number, and the amount of the lien to date.
13. If loss of services, society, and consortium is claimed, set forth: (a) the length of
time said loss is claimed to have occurred; (b) the relationship of the plaintiff to the party
claiming the loss; and (c) the particular services claimed for loss of services, consortium, medical
expenses, and other expenses.
14. Describe the particular portion of the sidewalk, roadway, lot or field where
plaintiff allegedly fell, in sufficient detail to permit identification of the sidewalk or roadway and
that portion thereon where plaintiff allegedly fell.
15. Describe the condition of the sidewalk, roadway, lot or field stating what it is
alleged caused plaintiffs injury.
16. State the nature of the defective or negligent condition complained of and state
its approximate location, giving distance and direction from the curb or the adjoining building
and specifying from which points said distances and directions are given.
17. State the length, depth and width of the hole or defect in the sidewalk or street,
(street, driveway, etc.).
FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015
NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018
18. If it is alleged that water, liquid or ice caused the plaintiffs accident, describe the
water, liquid or ice as to appearance and dimensions and state the approximate diincasions of the
particular portion of the aforesaid sidewalk or roadway where the water, liquid or ice was caused
to form.
19. If it is alleged that water, liquid or ice caused the plaintiffs accident, state in what
respects it is alleged the defendant carelessly and negligently conducted, managed and
süperintended the premiscs so as to permit water, liquid or ice to be discharged therefrom upon
the sidewalk or street.
20. State whether it is claiined that
deSnaa=+ had notice of the condinon complained
of and if so, state whether actual or constructive notice is claimed; if constructive notice is
claimed, state for how long plaintiff claims the alleged condition existed before the alleged
accident; if actual notice is claimed, state by whom and to whom such notice was allegedly
given
and the place and time it was given, and whether oral or written and if written, set forth a copy
thereof.
21. Set forth the statutes or orÆ==== alleged to have been viciated the
by
defendant, designating by chapter, article, division, subdivision, section, paragraph and otherwise
the particular portions and provisions of the specific laws, ordinances, rules and regulanons
allegedly violated by defendant.
Dated: New York, New York
December 3, 2015
Yours, etc.,
Law Offices of
CHARLES J. SIEGEL
Attorneys for Defendant
260-261 MADISON AVENUE LLC
Office & P.O. Address
7""
125 Broad Street, Floor
New York, New York 10004
(212) 440-2350
By:
Nikolaos E. Diamantis
To:
LAW OFFICES OF MICHAEL S. LAMONSOFF
Attorneys for Plaintiff
KENNETH JONES
Financial Square at 32 Old Slip
New York, NY 10005
(212) 962-1020
File No.: 23878
FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015
NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018
GALLO VITUCCI KLAR, LLP
Attorneys for Defendant
BAY CRANE SERVICE, INC.
3rd
90 Broad Street, FlOOr
New York, NY 10004
MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN
Attorneys for Defendant
SKYLIFT CONTRACTOR CORP.
213
Wall Street Plaza, 88 Pine Street, Floor
New York, NY 10005
(212) 376-6400
FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015
NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------X Index No. 155495/2015
KENNETH JONES,
COMBINED
Plaintiff, DEMANDS
-against-
260-261 MADISON AVENUE LLC, SKYLIFT
CONTRACTOR CORP. and BAY CRANE SERVICE INC.,
Defendants.
-------------------------------------------------------X
C O U N S E L O R S :
PLEASE TAKE NOTICE, that the Defendant, 260-261 MADISON AVENUE
LLC through it'sattorney, THE LAW OFFICES OF CHARLES J. SIEGEL, demand that you
furnish the following items:
DEMAND FOR MEDICALS
1. Pursuant to the applicable Rules of the Appellate Division of the Supreme Court
concerning the exchange of medical information, copies of all medical records, reports,
diagnoses, prognoses, as well as hospital records, x-rays, diagnostic films, test results and charts
and duly executed authorizations to examine any and all of the aforementioned, together with
authorizations enabling this defendant to obtain copies of any no-fault file maintained by a
workers'
no-fault carrier, and/or compensation file maintained by plaintiffs employer or
insurance carrier.
DEMAND FOR STATEMENTS
2. Pursuant to Section 3101(e) of the CPLR, the original or a clear, full and complete
legible copy of any statement of the party or parties represented by the undersigned in the
possession of any other party, attorney or their representatives in this action. Such statements are
deemed to include, but are not limited to written statements, whether signed or unsigned, and
oral or video statements which have been recorded, whether previously transcribed or not.
DEMAND FOR WITNESSES
3. The names and addresses of each person known or claimed by you or any party you
represent in this action to be a witness to:
a. The occurrence alleged in the complaint in this action; or
FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015
NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018
b. Any acts, omissions, or conditions which allegedly caused the occurrence
alleged in the complaint; or
c. Any actual notice allegedly given to the defendant answering herein of
any condition which allegedly caused the occurrence alleged in the
complaint; or
d. The nature and duration of any alleged condition which allegedly caused
the occurrence alleged in the complaint.
DEMAND FOR EMPLOYMENT AND/OR SCHOOL RECORDS
4. Pursuant to Rule 3120 of the CPLR, a complete copy of the plaintiffs
employment records for the two years prior and subsequent to the alleged occurrence, and/or a
complete copy of plaintiffs school records prior to and subsequent to the alleged occurrence, and
a duly executed authorization(s) allowing the obtaining of the aforementioned.
Provide W-2's for three years preceding and two years after the accident date and an
authorization for plaintiffs employer, including it'sname and current address, to obtain the same.
If Plaintiff is self-employed, provide authorizations to obtain plaintiffs tax return records
from the Internal Revenue System.
DEMAND FOR PHOTOGRAPHS AND/OR VIDEO TAPES
5. Pursuant to Rule 3120 of the CPLR, photographs, videos, surveillance tapes and
reports, or films of the instrumentality, the scene of the alleged occurrence and/or any defective
and/or dangerous condition claimed to have existed thereat, and/or property damage sustained,
and/or plaintiffs injuries, that are in plaintiffs possession.
DEMAND FOR PARTIES APPEARING
6. Pursuant to Rule 2103(e) CPLR, the names and addresses of each party and
attorney appearing in this action.
DEMAND FOR EXPERTS
7. Identify and state the qualifications of each person whom you intend to call as an
expert witness at the time of trial;
8. The subject matter in reasonable detail upon which the expert is expected to testify;
9. A statement of the facts and opinions upon which the expert is expected to testify;
10. A detailed summary of those facts and opinions; and
11. The resumes of each expert upon whose testimony you will reply upon at the time of
trial,concerning the subject lawsuit.
FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015
NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018
DEMAND FOR COLLATERAL SOURCE
12. The names, addresses and amounts received to date from all persons, firms or
organizations which have reimbursed plaintiff for the cost of medical care, custodial care,
rehabilitation services, loss of earnings or other economic loss and other costs including but not
limited to:
(a) insurance;
(b) social security benefits;
(c) workers compensation benefits;
(d) disability benefits;
(e) employee benefits programs (including union benefits programs);
(f) any other source.
13. Where reimbursement was or is pursuant to a policy of a type, state the name of
the policy holder, the policy number and the name of the issuer of the policy; a list of claims
submitted pursuant to the policy, and the amount of money received pursuant to each claim.
14. Duly executed and acknowledged written authorizations directed to all persons,
firms or organization which have reimbursed plaintiff(s) for costs of medical care, custodial care,
rehabilitation services, loss of earnings or other economic loss or other costs or to whom such
claims have been submitted to obtain copies of the policies under which said payments or claims
were made, copies of all checks and other indicia of payment, and copies of any claims
submitted for payment.
DEMAND FOR INSURANCE
15. That pursuant to CPLR 3101(f) this defendant demands that you produce any and
all insurance agreements under which any person carrying on an insurance business may be
liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or
reinburse for payments made to satisfy the judgment which may be entered herein, including but
not limited to excess and additional coverage.
PLEASE TAKE FURTHER NOTICE, that upon failure to comply with this demand,
the plaintiff(s) will be precluded upon the trial of the within action from offering in evidence or
testifying as to any of the items requested herein.
PLEASE TAKE FURTHER NOTICE, that the within is a continuing request. In the
event any of the above items are obtained after service hereof, they are to be immediately
furnished to this office.
FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015
NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018
PLEASE TAKE FURTHER NOTICE, that upon your failure to produce, identify, state
and provide the aforesaid items at the time and place required in this request, a monon will be
made for the appropriate relief to this Court.
Dated: New York, New York
December 3, 2015
Yours, etc.,
Law Offices of
CHARLES J. SIEGEL
Attomeys for Defendant
260-261 MADISON AVENUE LLC
Office & P.O. Address
7°"
125 Broad Street, Floor
New York, New York 10004
(212) 440-2350
By:
Nikolaos E. Diamantis
To:
LAW OFFICES OF MICHAEL S. LAMONSOFF
Attomeys for Plaintiff
KENNETH JONES
Financial Square at 32 Old Slip
New York, NY 10005
(212) 962-1020
File No.: 23878
GALLO VITUCCI KLAR, LLP
Attomeys for Defendant
BAY CRANE SERVICE, INC.
3rd
90 Broad Street, FlOOr
New York, NY 10004
MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN
Attomeys for Defendant
SKYLIFT CONTRACTOR CORP.
21st
Wall Street Plaza, 88 Pine Street, Floor
New York, NY 10005
(212) 376-6400
FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015
NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X Index No. 155495/2015
KENNETH JONES,
DEMAND FOR
Plaintiff, PHYSICAL
EXAMINATION
-against-
260-261 MADISON AVENUE LLC, SKYLIFT
CONTRACTOR CORP. and BAY CRANE SERVICE INC.,
Defendants.
-------------------------------------------------------X
C O U N S E L O R S:
PLEASE TAKE NOTICE, that pursuant to the Rules of the Appellate Division, Judicial
Department, requiring
Physical Examination and Exch=ge of Medical Information, this
defendant wishes to have a physical exammanon of the plaintiff, to be conducted by a doctor
who will be named at a future date.
PLEASE TAKE FURTHER NOTICE, that at least twenty (20) days before the date set
for the physical exs·ë-stion, you are required to serve upon and deliver to all other parties, all
papers, reports, records and authorizãüons enumerated in the aforesaid Rules.
Dated: New York, New York
December 3, 2015
Yours, etc.,
Law Offices of CHARLES J. SIEGEL
Attorneys for Defendant
260-261 MADISON AVENUE LLC
Office & P.O. Address
7°"
125 Broad Street, Floor
New York, New York 10004
(212) 440-2350
By:
Nikolaos E. Diamantis
To:
LAW OFFICES OF MICHAEL S. LAMONSOFF
Attorneys for Plaintiff
KENNETH JONES
Financial Square at 32 Old Slip
New York, NY 10005
(212) 962-1020
FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015
NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018
GALLO VITUCCI KLAR, LLP
Attorneys for Defendant
BAY CRANE SERVICE, INC.
3rd
90 Broad Street, FlOOr
New York, NY 10004
MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN
Attorneys for Defendant
SKYLIFT CONTRACTOR CORP.
213
Wall Street Plaza, 88 Pine Street, Floor
New York, NY 10005
(212) 376-6400
FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015
NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018
FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015
NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018
(c) Copies of all documents, records, memorandums, notes, etc. in
plaintiff's/decedent's possession pertaining to plaintiff's/decedent's
receipt of Medicare or Medicaid benefits; and
(d) A duly executed authorization bearing plaintiff's/decedent's date of birth
and Social Security number permitting this firm and/or the representatives
of defendant to obtain copies of plaintiff's/decedent's Medicaid or
Medicare records.
5. If plaintiff/decedent has ever been a Medicare beneficiary, provide the
Identification Number supplied by Medicare to identify plaintiff's/decedent's claim.
6. Has the plaintiff/decedent ever been Medicare eligible as defined under federal
legislation?
7. If plaintiff/decedent has ever been Medicare eligible, on what date did he/she
achieve that status?
8. Has the plaintiff/decedent ever applied to the Social Security Administration
seeking disability benefits?
(a) If the answer is yes, on what date was such application firstfiled?
9. Has the Social Security Administration determined the plaintiff/decedent to be
entitled to disability benefits?
(a) If the answer is yes, on what date was that determination made?
10. Has the Social Security Administration determined the plaintiff/decedent not
entitled to benefits?
(a) If the answer is yes, on what date was that determination made?
FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015
NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018
PLEASE TAKE FURTHER NOTICE that pursuant to CPLR, this is a continuing
demand and that you are required to serve the demanded information by the earliest of the
following:
a. Within 30 days of the date of this demand;
b. Within 20 days of the receiving the above-questioned information;
c. No later than 30 days prior to the cc ^n--ement of trial.
If you do not possess the above-requested information, a letter or affidavit to that effect
should be submitted.
PLEASE TAKE FURTHER NOTICE that failure to provide the items demanded
above will preclude plaintiff from providing liãbility, causation and damages at trial.
Dated: New York, New York
December 3, 2015
Yours, etc.,
Law Offices of
CHARLES J. SIEGEL
Attorneys for Defendant
260-261 MADISON AVENUE LLC
Office & P.O. Address
125 Broad Street, 7 Floor
New York, New York 10004
(212) 440-2350
By:
Nikolaos E. Diamantis
To:
LAW OFFICES OF MICHAEL S. LAMONSOFF
Attorneys for Plaintiff
KENNETH JONES
Financial Square at 32 Old Slip
New York, NY 10005
(212) 962-1020
File No.: 23878
FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015
NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018
GALLO VITUCCI KLAR, LLP
Attorneys for Defendant
BAY CRANE SERVICE, INC.
3rd
90 Broad Street, FlOOr
New York, NY 10004
MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN
Attorneys for Defendant
SKYLIFT CONTRACTOR CORP.
213
Wall Street Plaza, 88 Pine Street, Floor
New York, NY 10005
(212) 376-6400
FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015
NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X Index No. 155495/2015
KENNETH JONES,
DEMAND FOR
Plaintiff, MEDICAL BILLING
DISCLOSURE
-against-
260-261 MADISON AVENUE LLC, SKYLIFT
CONTRACTOR CORP. and BAY CRANE SERVICE INC.,
Defendants.
-------------------------------------------------------X
C O U N S E L O R S:
PLEASE TAKE NOTICE, that demand is hereby made that you serve upon the
undersigned within twenty (20) days, copies of all records and/or reports and duly executed
authorizations for such records relating to billing by any medical individual or entity involved in
the treatmcat, diagnosis and prognosis of the plaintiff(s)
for injuries allegedly suffered herein.
PLEASE TAKE FURTHER NOTICE that undersigned will object, upon the trial of
this action, to the receipt in evidêñce of any part of said records not made available pursuant to
this demañd; and to the introduction of any evidence of costs connected with injuries or
conditions not set forth or put in issue in
any billing record or reports heretofore received by the
undersigned and to the tedimany of any physician whose billing records have not been served as
demanded.
Dated: New York, New York
December 3, 2015
Yours, etc.,
Law Offices of
CHARLES J. SIEGEL
Attorneys for Defendant
260-261 MADISON AVENUE LLC
Office & P.O. Address
7°"
125 Broad Street, Floor
New York, New York 10004
(212) 440-2350
By:
Nikolaos E. Diamantis
FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015
NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018
To:
LAW OFFICES OF MICHAEL S. LAMONSOFF
Attorneys for Plaintiff
KENNETH JONES
Financial Square at 32 Old Slip
New York, NY 10005
(212) 962-1020
File No.: 23878
GALLO VITUCCI KLAR, LLP
Attorneys for Defendant
BAY CRANE SERVICE, INC.
3rd
90 Broad Street, FlOOr
New York, NY 10004
MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN
Attorneys for Defendant
SKYLIFT CONTRACTOR CORP.
213
Wall Street Plaza, 88 Pine Street, Floor
New York, NY 10005
(212) 376-6400
FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015
NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------X Index No. 155495/2015
KENNETH JONES,
DEMAND FOR
Plaintiff, SOCIAL MEDIA
DISCLOSURE
-against-
260-261 MADISON AVENUE LLC, SKYLIFT
CONTRACTOR CORP. and BAY CRANE SERVICE INC.,
Defendants.
-------------------------------------------------------X
PLEASE TAKE NOTICE, that pursuant to §3120 of the CPLR you are hereby required
to furnish to the undersigned, authorizations to obtain full access to and copies of, defendants
current and historical Facebook, Twitter, MySpace, Instagram, and Linkdin accounts for the
period of (1) year prior to the contract date in this matter to the present. See Romano v.
Steeicase, Inc., 2006-2233 (Suffolk Co., Sup. Ct., September 21, 2010); and Servelli v.
Westchester, 2007-19051(Westchester Sup. Ct., December 22,2010),
1. Authorizations shall permit the release and complete copies of said accounts
including but not limited to: allrecords, information, photographs, videos, comments, messages
and posting on Facebook, Twitter, MySpace, Instagram, and Linkedln accounts.
2. Authorizations shall include the name, username, screen name, and E-mail
account used in creating each and every Facebook, Twitter, MySpace, Instagram, and Linkedln
accounts.
3. The authorizations shall allow full and unrestricted access to the requested records
and shall be directed to the following:
a. Facebook
Attn: Security Department
1601 South California Avenue
Palo Alto, CA 94304
b. Twitter, Inc.
c/o Trust & Safety
795 Folsom Street, Suite 600
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Matter on the Law & Motion calendar for Wednesday, July 10, 2024, Line 11. DEFENDANT NOELLE MORENO's MOTION TO STRIKE COMPLAINT. Off calendar for noncompliance with Local Rule 2.7(B) (courtesy copies). The motion may be re-set for a Mon.-Thurs. after July 24, with papers to bear new hearing date. For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)
Ruling
ARMEN BEGOYAN VS CITY OF LOS ANGELES, ET AL.
Jul 11, 2024 |
21STCV34525
Case Number:
21STCV34525
Hearing Date:
July 11, 2024
Dept:
32
PLEASE NOTE
:
Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.
If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at
sscdept32@lacourt.org
indicating that partys intention to submit.
The email shall include the case number, date and time of the hearing, counsels contact information (if applicable), and the identity of the party submitting on this tentative ruling.
If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.
If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.
Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court
.
TENTATIVE RULING
DEPT
:
32
HEARING DATE
:
July 11, 2024
CASE NUMBER
:
21STCV34525
MOTIONS
:
Motion for Terminating Sanctions
MOVING PARTY:
Defendant City of Los Angeles
OPPOSING PARTY:
None
BACKGROUND
Defendant City of Los Angeles (
Defendant) moves for terminating sanctions against Plaintiff
Armen Begoyan (Plaintiff) for failure to comply with the Courts April 26, 2024 discovery order. Defendant seeks to dismiss the entire action. No opposition has been filed.
LEGAL STANDARD
To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose&sanctions against anyone engaging in conduct that is a misuse of the discovery process. (Code Civ. Proc. section 2023.030.) The court may impose a terminating sanction for misuse of the discovery process by any of the following: (1) An order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process; (2) An order staying further proceedings by that party until an order for discovery is obeyed; (3) An order dismissing the action, or any part of the action, of that party; (4) An order rendering a judgment by default against that party. (Code Civ. Proc. § 2023.030(d).)
Failing to respond or to submit to an authorized method of discovery, or
disobeying a court order to provide discovery,
constitutes a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d), (g).)
The trial court may order a terminating sanction for discovery abuse after considering the totality of the circumstances: [the] conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery. (
Los Defensores, Inc. v. Gomez
(2014) 223 Cal.App.4th 377, 390, quoting
Lang v. Hochman
(2000) 77 Cal.App.4th 1225, 1246.)
Generally, [a] decision to order terminating sanctions should not be made lightly.
But where a violation is willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the discovery rules, the trial court is justified in imposing the ultimate sanction. (
Los Defensores, supra
, 223 Cal. App. 4th at p. 390 [citation omitted].)
Under this standard, trial courts have properly imposed terminating sanctions when parties have willfully disobeyed one or more discovery orders. (
Los Defensores, supra
, 223 Cal.App.4th at p. 390 citing
Lang, supra
, 77 Cal.App.4th at pp. 1244-1246 [discussing cases]; see, e.g.,
Collisson & Kaplan v. Hartunian
(1994) 21 Cal.App.4th 1611, 1617-1622 [terminating sanctions imposed (by striking the defendants Answer and subsequently granting default judgment) after defendants failed to comply with one court order to produce discovery];
Laguna Auto Body v. Farmers Ins. Exchange
(1991) 231 Cal.App.3d 481, 491, disapproved on other grounds in
Garcia v. McCutchen
(1997) 16 Cal.4th 469, 478, n. 4 [terminating sanctions imposed against the plaintiff for failing to comply with a discovery order and for violating various discovery statutes].)
If a party . . . fails to obey an order compelling answers [to interrogatories or requests for production], the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010). (Code Civ. Proc. §§ 2030.290(c); 2031.300(c).)
DISCUSSION
Written discovery was originally served on Plaintiff on March 1, 2023. (Kahramanian Decl. ¶ 2.) On September 21, 2023 and January 11, 2024, Defendants counsel emailed Plaintiffs counsel requesting responses but received no response. (
Id.
¶ 3.)
On April 26, 2024, the Court granted
Defendants unopposed motion to compel Plaintiffs responses to Demand for Production of Documents, Set One, Special Interrogatories, Set One, and Form Interrogatories, Set One. Plaintiff was ordered to provide verified responses, without objections, within 10 days. (Min. Order, 4/26/24.) The Court also imposed $700.00 in monetary sanctions against Plaintiff and his counsel of record.
On May 2, 2024, Defendant filed and served electronic notice of the ruling on Plaintiffs counsel. Defendant contends that no responses have been served complying with the Courts order. (Kahramanian Decl. ¶ 4.) Plaintiff has not filed an opposition to this motion.
Therefore, it appears that the discovery was first served in March 2023, and the motion to compel was granted on April 26, 2024. Throughout this time, Defendant sought to obtain responses through informal ways before ultimately obtaining an order to compel. The delay in time also demonstrates that Defendant has been prevented from mounting a defense against this case. Considering the above, the fact Plaintiff did not oppose this motion nor the previous motion to compel, and monetary sanctions have been ineffective, the Court finds Plaintiffs actions to be willful. Therefore, the motion for terminating sanctions is granted.
CONCLUSION
Therefore, Defendant
City of Los Angeles
motion for terminating sanctions is GRANTED. The only remaining defendants are Doe Defendants who have not been named or served, and therefore t
he Court orders the complaint dismissed in its entirety.
If Defendant moves to dismiss the cross-complaint at the hearing on this motion, then the Final Status Conference and Jury Trial dates will be advanced and vacated.
Defendant shall provide notice of the Courts ruling and file a proof of service of such.
Ruling
Gilbert Hernandez vs. In-Shape Health Clubs, LLC
Jul 11, 2024 |
20CV-02521
20CV-02521 Gilbert Hernandez v. In-Shape Health Clubs LLC
Trial Settng Conference
Appearance required. Remote appearances are permitted. Parties who wish to appear
remotely must contact the clerk of the court at (209) 725-4111 to arrange for a remote
appearance. Appear to address the status of case following the unsuccessful mediation
and whether it is time to set this matter for trial.
Ruling
SOCORRO ALEGRIA VS ALTAMED HEALTH SERVICES CORPORATION, A CALIFORNIA CORPORATION, ET AL.
Jul 11, 2024 |
24PSCV00032
Case Number:
24PSCV00032
Hearing Date:
July 11, 2024
Dept:
K
1.
Defendant AltaMed Health Services Corporations Motion for Judgment on the Pleadings is summarily GRANTED in part (i.e., as to the fifth, sixth and tenth causes of action) and otherwise DENIED in part (i.e., as to the eighth and ninth causes of action).
2.
Defendant AltaMed Health Services Corporations Motion to Strike is DENIED as MOOT.
Background
Plaintiff Socorro Alegria (Plaintiff) alleges as follows: Plaintiff was sexually assaulted during her March 22, 2023 medical imaging appointment. On January 3, 2024, Plaintiff filed a complaint, asserting causes of action against AltaMed Health Services Corporation (AltaMed), Jose Luis Sanchez and Does 1-20 for:
1.
Negligent Hiring Retention, Supervision and Failure to Terminate (v. AltaMed only)
2.
Common Law Assault (v. Sanchez only)
3.
Common Law Battery (v. Sanchez only)
4.
Sexual Battery in Violation of Civil Code § 1708.5 (v. Sanchez only)
5.
Violation of Civil Code § 51.7
6.
Sexual Harassment in Violation of Civil Code § 51.9
7.
Intentional Infliction of Emotional Distress (v. Sanchez only)
8.
Negligent Infliction of Emotional Distress
9.
Negligence (v. AltaMed only)
10.
Violation of the Tom Bane Civil Rights Act A Case Management Conference is set for July 11, 2024.
1.
Judgment on the Pleadings
Legal Standard
The rules governing demurrers are generally applicable to a motion for judgment on the pleadings. (
Cloud v. Northrop Grumman Corp.
(1998) 67 Cal.App.4th 995, 999; Code Civ. Proc., § 438, subd. (d) [The grounds for motion. . . shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. Where the motion is based on a matter of which the court may take judicial notice. . ., the matter shall be specified in the notice of motion, or in the supporting points and authorities, except as the court may otherwise permit].)
A motion by a plaintiff may only be made on the grounds that the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint. (Code Civ. Proc., § 438, subd. (c)(1)(A).) A motion by a defendant may only be made on the grounds that (1) [t]he court has no jurisdiction of the subject of the cause of action alleged in the complaint or (2) [t]he complaint does not state facts sufficient to constitute a cause of action against that defendant. (Code Civ. Proc., § 438, subd. (c).)
Although a nonstatutory motion may be made at any time either prior to the trial or at the trial itself (
Stoops v. Abbassi
(2002) 100 Cal.App.4th 644, 650 [quotation marks and citation omitted]), a statutory motion cannot be made after entry of a pretrial conference order or 30 days before the initial trial date, whichever is later, unless the court otherwise permits. (Code Civ. Proc., § 438, subd. (e).)
Discussion
AltaMed moves the court, pursuant to Code of Civil Procedure § 438, for judgment on the pleadings as to the fifth, sixth, and eighth through tenth (i.e., for
Violation of Civil Code § 51.7, Sexual Harassment in Violation of Civil Code § 51.9, Negligent Infliction of Emotional Distress, Negligence and Violation of the Tom Bane Civil Rights Act, respectively)
causes of action in Plaintiffs complaint, on the basis that they each fail to state facts sufficient to constitute causes of action.
At the outset, Plaintiff represents that she agrees to dismiss her fifth, sixth and tenth causes of action, without prejudice (Opp., 1:26-2:2); accordingly, in the event a Request for Dismissal is not on file by the time of the hearing, the court will summarily grant the motion in this regard.
The courts following analysis, then, is limited to Plaintiffs eighth and ninth causes of action, for Negligent Infliction of Emotional Distress and Negligence, respectively:
AltaMed asserts that these causes of action fail because it cannot be held vicariously liable for an alleged sexual assault by its employee. [A]n employer is vicariously liable for the torts of its employees committed within the scope of the employment. (
Lisa M. v. Henry Mayo Newhall Memorial Hospital
(1995) 12 Cal.4th 291, 296.) However, [a]n
employer will not be held liable for an assault or other intentional tort that did not have a causal nexus to the employee's work. (
Id.
at 297).
The court construes Plaintiffs eighth and ninth causes of action as sounding in direct negligence, rather than vicarious liability. Further, while AltaMed contends that these causes of action are surplusage, this argument was raised for the first time in the reply; as such, it is disregarded. The motion is denied in this regard.
2.
Motion to Strike
AltaMed moves the court for an order striking out the following language from Plaintiffs complaint:
1.
Page 12, paragraph 68, lines 6-12;
2.
Page 13, paragraph 79, lines 9-15;
3.
Page 16, paragraph 102, lines 18-24;
4.
Page 17, paragraph 7, line 13;
5.
Page 17, paragraph 9, line 15;
6.
Page 17, paragraph 10, line 16. AltaMeds request is denied as moot. All of the allegations AltaMed seeks to have stricken pertain to the fifth, sixth and tenth causes of action, which Plaintiff has agreed to dismiss.
Ruling
Thompson, Harry Fayne III vs. Rose, Steven Leon et al
Jul 22, 2024 |
S-CV-0052451
S-CV-0052451 Thompson, Harry Fayne III vs. Rose, Steven Leon et al
No appearance required. CMC is continued to 10/14/24 at 2pm in Dept. 6.
Complaint is not at issue - Need responsive pleading, default or dismissal as to
Defendant(s): Grossman, Marilyn Joy
Additionally, no proof of service has been filed as to Defendant(s): Rose, Steven
Leon
Ruling
TODD BERTRANG, ET AL. VS IVORY HOLDINGS, LLC, A LIMITED LIABILITY COMPANY, ET AL.
Jul 09, 2024 |
21STCV42736
Case Number:
21STCV42736
Hearing Date:
July 9, 2024
Dept:
S25 Procedural Background Plaintiffs, Todd Bertrang (Bertrang) and Ophie Beltran (Beltran) (collectively, Plaintiffs) sued Defendants, Lido Sailing Club, Inc. (Lido), Ivory Holdings, LLC (Ivory), and Scott Vollero (Vollero) based on injuries Plaintiffs allege they sustained from Bertrangs exposure to hazardous chemicals. Plaintiffs filed their original complaint on November 18, 2021, and filed a First Amended Complaint (FAC) on May 4, 2022. Notably, Plaintiffs did not serve any party prior to filing their FAC, and no party responded to the original complaint. On September 8, 2022, the Court sustained Lido Sailing Club, LLCs demurrer to the FAC with leave to amend. (September 8, 2022 Minute Order.) On September 30, 2022, Plaintiffs filed their Second Amended Complaint (SAC). On October 5, 2022, Lido filed a demurrer to the SAC. Shortly thereafter, the personal injury hub court found the case complicated and transferred it to Long Beach for all further proceedings. On January 12, 2023, Lido re-filed its demurrer to the SAC in Department S27. On June 27, 2023, the Court continued the hearing on the demurrer, finding the parties had not adequately met and conferred prior to filing their papers. On July 27, 2023, the Court sustained the demurrer with leave to amend. On September 20, 2023, rather than amending the SAC, Plaintiffs dismissed Lido from the case. On December 21, 2023, Defendants Ivory Holdings and Vollero filed a demurrer with the motion to strike portions of the SAC. On January 23, 2024, the Court sustained the demurrer with leave to 20 days amend as to the NIED cause of action and alter ego liability cause of action and overruled the strict liability for ultrahazardous activity cause of action, the violation of Health and Safety Code, § 25359.7, cause of action and the IIED cause of action; the Court also granted the motion to strike without leave to amend as to punitive damages and related allegations. (January 23, 2024 Minute Order.) On April 24, 2024, Plaintiffs filed a Third Amended Complaint (TAC) more than two months after the Courts January 23 order. Meet and Confer Defendant Volleros counsel states that he sent a meet and confer letter to Plaintiffs counsel on May 17, 2024 detailing issues with the TAC and his availability for a telephonic meet and confer at least 5 days prior to filing the instant motions. (Rasmussen Decl.1, ¶ 5, Exh. B.) Defendant Volleros counsel states that Plaintiffs counsel did not respond to the meet and confer attempt. (Id., at ¶ 6.) In opposition, Plaintiffs counsel argues Defendant Volleros counsel failed to meet and confer because the issues were not discussed in person or by telephone as required under Code Civ. Proc., §§ 430.41, 435.5. Notwithstanding the parties conflicting ideas of meet and confer, it is very likely an informal attempt to resolve the matter would have been unsuccessful. Analysis 1. Delay in Filing of Third Amended Complaint Code Civ. Proc., § 472b, states that: [w] hen a demurrer to any pleading is sustained or overruled, and time to amend or answer is given, the time so given runs from the service of notice of the decision or order, unless the notice is waived in open court, and the waiver entered in the minutes. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2024) ¶ 7:145; Cano v. Glover (2006) 143 Cal.App.4th 326, 329-330.) After expiration of the time in which a pleading can be amended as a matter of course, the pleading can only be amended by obtaining the permission of the court. (Leader v. Health Indus. of Am., Inc. (2001) 89 Cal. App. 4th 603, 613.) While a court has discretion to require a noticed motion before permitting a plaintiff to file an amended complaint late, a court also has the discretion to accept a filing without a noticed motion. (Harlan v. Dep't of Transportation (2005) 132 Cal. App. 4th 868, 873.) The Court exercises its discretion and accepts Plaintiffs untimely filed Third Amended Complaint without a noticed motion. 2. Second Amended Complaint Holding (Alter Ego) On January 23, 2024, Judge Mark Kim sustained Defendant Volleros Demurrer to the Second Amended Complaint with leave to amend. Judge Kim ruled: All claims against Volero are plead on an alter ego theory. Plaintiffs alter ego allegations are found at ¶6 of the SAC, and merely allege that each defendant was acting as the alter ego of each other defendant. Relying on Rutherford Holdings, LLC v. Playa del Rey (2014) 223 Cal.App. 221, 236, Judge Kim held: Plaintiffs herein failed to allege any of the ultimate facts showing alter ego liability. They failed to allege unity of interest, domination and control, inadequate capitalization, etc. Voleros demurrer is therefore sustained with leave to amend. Plaintiffs must allege ultimate facts showing imposition of liability against Volero would be proper. (See January 23, 2024 Minute Order, Legal Standard on Demurrer, Alter Ego Liability, 3(h)). 3. Demurrer to the Third Amended Complaint (Alter Ego) A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing partys pleading. It is error for the trial court to sustain a demurrer if the plaintiff has stated a cause of action under any possible legal theory, and it is an abuse of discretion for the court to sustain a demurrer without leave to amend if the plaintiff has shown there is a reasonable possibility a defect can be cured by amendment. California Logistics, Inc. v. State of California (2008) 161 Cal. App. 4th 242, 247. The burden is on the complainant to show in what manner and how that amendment will change the legal effect of the pleading. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349.) Plaintiffs allegations of alter ego in the TAC are found at ¶ 3 and 6. These allegations are identical to the alter ego allegations found at ¶ 3 and ¶6 of the SAC. No additional facts or allegations have been added by Plaintiffs. As discussed, Judge Kim found those allegations deficient as Plaintiff failed to allege any of the ultimate facts showing alter ego liability and failed to allege unity of interest, domination and control, inadequate capitalization. (January 23, 2024 Minute Order). In sum, Plaintiffs completely failed to amend or modify their operative pleading in any manner or in compliance with Judge Kims ruling. In Plaintiffs opposition, Plaintiffs request leave to amend by suggesting three new facts, previously unknown, support the theory of alter ego between Vollero and Ivory Holdings. These facts are: (1) and (2) on August 16, 2016, two separate Deeds of Trust were recorded against the subject premises with Vollero as the Beneficiary and (3) Vollero, as an individual, performed the alleged remediation of the toxic chemicals which are alleged to have harmed Plaintiffs. Assuming the new facts found in Plaintiffs Opposition are true, Plaintiffs have not met their burden demonstrating how or in what manner these new allegations support of finding that a reasonable possibility exist for Plaintiffs to cure the defects and successfully pled a theory of alter ego. (Reeder v. Specialized Loan Servicing LLC (2020) 52 Cal.App.5th 795, 805.) These additional facts show no connection between Vollero and Ivory Holdings. Even with the inclusion of those three allegations, Plaintiffs operative pleading would fail to allege any of the ultimate facts showing an alter ego theory as set forth in Rutherford (e.g. allegations of unity of interest, domination and control, inadequate capitalization). 4. Ruling The Court sustains Defendant Volleros Demurrer without leave to amend. Defendant Volleros motion to strike is now moot.
Ruling
Luis Kutz, et al vs Jennifer Fribourgh, et al
Jul 11, 2024 |
23CV01711
23CV01711
KUTZ et al. v. FRIBOURGH et al.
(UNOPPOSED) PLAINTIFFS’ MOTIONS TO BE RELIEVED
The unopposed motions are denied without prejudice. Counsel must refile to reflect
correct upcoming hearing dates in the declarations and proposed orders.
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.
Page 1 of 1
Ruling
Dryden, Donna vs Tri Counties Bank
Jul 10, 2024 |
23CV03115
23CV03115 Dryden, Donna et al. v. Tri Counties Bank
EVENT: Plaintiffs’ Motion to Consolidate and Appoint Interim Class Counsel
Plaintiffs’ Motion to Consolidate and Appoint Interim Class Counsel is GRANTED. Defendant
shall file a responsive pleading within 60 days of the date of this order. The Court will sign the
proposed order with the noted modification.
Document
Patrick Strickland v. W.I.P. Club, Inc., Barry Mullineaux, Collective Hardware, Inc., John Bakhishi, Lina Kay, Hirukuni Sai, John C. Best, Frank Porco, Merlin Bobb-Willis, 150 Rft Varick Corp., 150 Rft Varick Basement Llc, W. & M. Operating, L.L.C., Aubrey Graham Drake a/k/a DRAKE, Allstar Security & Consulting, Inc., Christopher Maurice Brown a/k/a CHRIS BROWN
Apr 08, 2013 |
Anil Singh
|
Tort |
Tort |
153185/2013
Document
Melania Rodriguez and RYAN LUNT, as Parents and Natural Guardians of Z.L, Melania Rodriguez, Ryan Lunt Individually v. Nicholas James Buffin M.D., Valerie Lewis-Morris M.D., Emily Schmidt-Beuchat M.D., Hope S. Langer M.D., Youyin Choy M.D., Lois Brustman M.D., Susan Rothenberg M.D., Helaine Worrell M.D., Mount Sinai West, West Care Medical, P.C.,, Faculty Practice Associates-Mount Sinai Hospital,, Midtown Ob/Gyn
Mar 15, 2021 |
John J. Kelley
|
Torts - Medical, Dental, or Podiatrist Malpractice |
Torts - Medical, Dental, or Podiatrist Malpractice |
805086/2021
Preview
FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018 EXHIBIT B FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018 FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018 9. Set forth the amount of lost earnings or any financial loss incurred and the method by which the lost earnings and financial loss is computed. 10. Set forth the length of time ifany, plaintiff was incapacitated from employment or occupation, or if plaintiff was a student, give the name of the school attended, and the grade in which he was a student. 11. State (a) the plaintiffs date and place of birth (b) plaintiffs social security number (c) plaintiffs present address and (d) the address of the plaintiff at the time of the occurrence. 12. Set forth the amounts incurred for: (a) medical, surgical and dental services, stating separately the amount of each service identifying by whom rendered; (b) hospital services, stating separately the name and address of each hospital and the amount of each bill; (c) nursing services; (d) services for ambulance, X-rays, prescription drugs and prosthetics stating separately the amount of each billand the service for which itwas rendered; (e) any other item of expense, or damage; workers' (f) if plaintiff received compensation benefits, identify the insurance workers' carrier and/or employer who provided said benefits, the compensation file number, and the amount of the lien to date. 13. If loss of services, society, and consortium is claimed, set forth: (a) the length of time said loss is claimed to have occurred; (b) the relationship of the plaintiff to the party claiming the loss; and (c) the particular services claimed for loss of services, consortium, medical expenses, and other expenses. 14. Describe the particular portion of the sidewalk, roadway, lot or field where plaintiff allegedly fell, in sufficient detail to permit identification of the sidewalk or roadway and that portion thereon where plaintiff allegedly fell. 15. Describe the condition of the sidewalk, roadway, lot or field stating what it is alleged caused plaintiffs injury. 16. State the nature of the defective or negligent condition complained of and state its approximate location, giving distance and direction from the curb or the adjoining building and specifying from which points said distances and directions are given. 17. State the length, depth and width of the hole or defect in the sidewalk or street, (street, driveway, etc.). FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018 18. If it is alleged that water, liquid or ice caused the plaintiffs accident, describe the water, liquid or ice as to appearance and dimensions and state the approximate diincasions of the particular portion of the aforesaid sidewalk or roadway where the water, liquid or ice was caused to form. 19. If it is alleged that water, liquid or ice caused the plaintiffs accident, state in what respects it is alleged the defendant carelessly and negligently conducted, managed and süperintended the premiscs so as to permit water, liquid or ice to be discharged therefrom upon the sidewalk or street. 20. State whether it is claiined that deSnaa=+ had notice of the condinon complained of and if so, state whether actual or constructive notice is claimed; if constructive notice is claimed, state for how long plaintiff claims the alleged condition existed before the alleged accident; if actual notice is claimed, state by whom and to whom such notice was allegedly given and the place and time it was given, and whether oral or written and if written, set forth a copy thereof. 21. Set forth the statutes or orÆ==== alleged to have been viciated the by defendant, designating by chapter, article, division, subdivision, section, paragraph and otherwise the particular portions and provisions of the specific laws, ordinances, rules and regulanons allegedly violated by defendant. Dated: New York, New York December 3, 2015 Yours, etc., Law Offices of CHARLES J. SIEGEL Attorneys for Defendant 260-261 MADISON AVENUE LLC Office & P.O. Address 7"" 125 Broad Street, Floor New York, New York 10004 (212) 440-2350 By: Nikolaos E. Diamantis To: LAW OFFICES OF MICHAEL S. LAMONSOFF Attorneys for Plaintiff KENNETH JONES Financial Square at 32 Old Slip New York, NY 10005 (212) 962-1020 File No.: 23878 FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018 GALLO VITUCCI KLAR, LLP Attorneys for Defendant BAY CRANE SERVICE, INC. 3rd 90 Broad Street, FlOOr New York, NY 10004 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN Attorneys for Defendant SKYLIFT CONTRACTOR CORP. 213 Wall Street Plaza, 88 Pine Street, Floor New York, NY 10005 (212) 376-6400 FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------X Index No. 155495/2015 KENNETH JONES, COMBINED Plaintiff, DEMANDS -against- 260-261 MADISON AVENUE LLC, SKYLIFT CONTRACTOR CORP. and BAY CRANE SERVICE INC., Defendants. -------------------------------------------------------X C O U N S E L O R S : PLEASE TAKE NOTICE, that the Defendant, 260-261 MADISON AVENUE LLC through it'sattorney, THE LAW OFFICES OF CHARLES J. SIEGEL, demand that you furnish the following items: DEMAND FOR MEDICALS 1. Pursuant to the applicable Rules of the Appellate Division of the Supreme Court concerning the exchange of medical information, copies of all medical records, reports, diagnoses, prognoses, as well as hospital records, x-rays, diagnostic films, test results and charts and duly executed authorizations to examine any and all of the aforementioned, together with authorizations enabling this defendant to obtain copies of any no-fault file maintained by a workers' no-fault carrier, and/or compensation file maintained by plaintiffs employer or insurance carrier. DEMAND FOR STATEMENTS 2. Pursuant to Section 3101(e) of the CPLR, the original or a clear, full and complete legible copy of any statement of the party or parties represented by the undersigned in the possession of any other party, attorney or their representatives in this action. Such statements are deemed to include, but are not limited to written statements, whether signed or unsigned, and oral or video statements which have been recorded, whether previously transcribed or not. DEMAND FOR WITNESSES 3. The names and addresses of each person known or claimed by you or any party you represent in this action to be a witness to: a. The occurrence alleged in the complaint in this action; or FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018 b. Any acts, omissions, or conditions which allegedly caused the occurrence alleged in the complaint; or c. Any actual notice allegedly given to the defendant answering herein of any condition which allegedly caused the occurrence alleged in the complaint; or d. The nature and duration of any alleged condition which allegedly caused the occurrence alleged in the complaint. DEMAND FOR EMPLOYMENT AND/OR SCHOOL RECORDS 4. Pursuant to Rule 3120 of the CPLR, a complete copy of the plaintiffs employment records for the two years prior and subsequent to the alleged occurrence, and/or a complete copy of plaintiffs school records prior to and subsequent to the alleged occurrence, and a duly executed authorization(s) allowing the obtaining of the aforementioned. Provide W-2's for three years preceding and two years after the accident date and an authorization for plaintiffs employer, including it'sname and current address, to obtain the same. If Plaintiff is self-employed, provide authorizations to obtain plaintiffs tax return records from the Internal Revenue System. DEMAND FOR PHOTOGRAPHS AND/OR VIDEO TAPES 5. Pursuant to Rule 3120 of the CPLR, photographs, videos, surveillance tapes and reports, or films of the instrumentality, the scene of the alleged occurrence and/or any defective and/or dangerous condition claimed to have existed thereat, and/or property damage sustained, and/or plaintiffs injuries, that are in plaintiffs possession. DEMAND FOR PARTIES APPEARING 6. Pursuant to Rule 2103(e) CPLR, the names and addresses of each party and attorney appearing in this action. DEMAND FOR EXPERTS 7. Identify and state the qualifications of each person whom you intend to call as an expert witness at the time of trial; 8. The subject matter in reasonable detail upon which the expert is expected to testify; 9. A statement of the facts and opinions upon which the expert is expected to testify; 10. A detailed summary of those facts and opinions; and 11. The resumes of each expert upon whose testimony you will reply upon at the time of trial,concerning the subject lawsuit. FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018 DEMAND FOR COLLATERAL SOURCE 12. The names, addresses and amounts received to date from all persons, firms or organizations which have reimbursed plaintiff for the cost of medical care, custodial care, rehabilitation services, loss of earnings or other economic loss and other costs including but not limited to: (a) insurance; (b) social security benefits; (c) workers compensation benefits; (d) disability benefits; (e) employee benefits programs (including union benefits programs); (f) any other source. 13. Where reimbursement was or is pursuant to a policy of a type, state the name of the policy holder, the policy number and the name of the issuer of the policy; a list of claims submitted pursuant to the policy, and the amount of money received pursuant to each claim. 14. Duly executed and acknowledged written authorizations directed to all persons, firms or organization which have reimbursed plaintiff(s) for costs of medical care, custodial care, rehabilitation services, loss of earnings or other economic loss or other costs or to whom such claims have been submitted to obtain copies of the policies under which said payments or claims were made, copies of all checks and other indicia of payment, and copies of any claims submitted for payment. DEMAND FOR INSURANCE 15. That pursuant to CPLR 3101(f) this defendant demands that you produce any and all insurance agreements under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or reinburse for payments made to satisfy the judgment which may be entered herein, including but not limited to excess and additional coverage. PLEASE TAKE FURTHER NOTICE, that upon failure to comply with this demand, the plaintiff(s) will be precluded upon the trial of the within action from offering in evidence or testifying as to any of the items requested herein. PLEASE TAKE FURTHER NOTICE, that the within is a continuing request. In the event any of the above items are obtained after service hereof, they are to be immediately furnished to this office. FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018 PLEASE TAKE FURTHER NOTICE, that upon your failure to produce, identify, state and provide the aforesaid items at the time and place required in this request, a monon will be made for the appropriate relief to this Court. Dated: New York, New York December 3, 2015 Yours, etc., Law Offices of CHARLES J. SIEGEL Attomeys for Defendant 260-261 MADISON AVENUE LLC Office & P.O. Address 7°" 125 Broad Street, Floor New York, New York 10004 (212) 440-2350 By: Nikolaos E. Diamantis To: LAW OFFICES OF MICHAEL S. LAMONSOFF Attomeys for Plaintiff KENNETH JONES Financial Square at 32 Old Slip New York, NY 10005 (212) 962-1020 File No.: 23878 GALLO VITUCCI KLAR, LLP Attomeys for Defendant BAY CRANE SERVICE, INC. 3rd 90 Broad Street, FlOOr New York, NY 10004 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN Attomeys for Defendant SKYLIFT CONTRACTOR CORP. 21st Wall Street Plaza, 88 Pine Street, Floor New York, NY 10005 (212) 376-6400 FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X Index No. 155495/2015 KENNETH JONES, DEMAND FOR Plaintiff, PHYSICAL EXAMINATION -against- 260-261 MADISON AVENUE LLC, SKYLIFT CONTRACTOR CORP. and BAY CRANE SERVICE INC., Defendants. -------------------------------------------------------X C O U N S E L O R S: PLEASE TAKE NOTICE, that pursuant to the Rules of the Appellate Division, Judicial Department, requiring Physical Examination and Exch=ge of Medical Information, this defendant wishes to have a physical exammanon of the plaintiff, to be conducted by a doctor who will be named at a future date. PLEASE TAKE FURTHER NOTICE, that at least twenty (20) days before the date set for the physical exs·ë-stion, you are required to serve upon and deliver to all other parties, all papers, reports, records and authorizãüons enumerated in the aforesaid Rules. Dated: New York, New York December 3, 2015 Yours, etc., Law Offices of CHARLES J. SIEGEL Attorneys for Defendant 260-261 MADISON AVENUE LLC Office & P.O. Address 7°" 125 Broad Street, Floor New York, New York 10004 (212) 440-2350 By: Nikolaos E. Diamantis To: LAW OFFICES OF MICHAEL S. LAMONSOFF Attorneys for Plaintiff KENNETH JONES Financial Square at 32 Old Slip New York, NY 10005 (212) 962-1020 FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018 GALLO VITUCCI KLAR, LLP Attorneys for Defendant BAY CRANE SERVICE, INC. 3rd 90 Broad Street, FlOOr New York, NY 10004 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN Attorneys for Defendant SKYLIFT CONTRACTOR CORP. 213 Wall Street Plaza, 88 Pine Street, Floor New York, NY 10005 (212) 376-6400 FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018 FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018 (c) Copies of all documents, records, memorandums, notes, etc. in plaintiff's/decedent's possession pertaining to plaintiff's/decedent's receipt of Medicare or Medicaid benefits; and (d) A duly executed authorization bearing plaintiff's/decedent's date of birth and Social Security number permitting this firm and/or the representatives of defendant to obtain copies of plaintiff's/decedent's Medicaid or Medicare records. 5. If plaintiff/decedent has ever been a Medicare beneficiary, provide the Identification Number supplied by Medicare to identify plaintiff's/decedent's claim. 6. Has the plaintiff/decedent ever been Medicare eligible as defined under federal legislation? 7. If plaintiff/decedent has ever been Medicare eligible, on what date did he/she achieve that status? 8. Has the plaintiff/decedent ever applied to the Social Security Administration seeking disability benefits? (a) If the answer is yes, on what date was such application firstfiled? 9. Has the Social Security Administration determined the plaintiff/decedent to be entitled to disability benefits? (a) If the answer is yes, on what date was that determination made? 10. Has the Social Security Administration determined the plaintiff/decedent not entitled to benefits? (a) If the answer is yes, on what date was that determination made? FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018 PLEASE TAKE FURTHER NOTICE that pursuant to CPLR, this is a continuing demand and that you are required to serve the demanded information by the earliest of the following: a. Within 30 days of the date of this demand; b. Within 20 days of the receiving the above-questioned information; c. No later than 30 days prior to the cc ^n--ement of trial. If you do not possess the above-requested information, a letter or affidavit to that effect should be submitted. PLEASE TAKE FURTHER NOTICE that failure to provide the items demanded above will preclude plaintiff from providing liãbility, causation and damages at trial. Dated: New York, New York December 3, 2015 Yours, etc., Law Offices of CHARLES J. SIEGEL Attorneys for Defendant 260-261 MADISON AVENUE LLC Office & P.O. Address 125 Broad Street, 7 Floor New York, New York 10004 (212) 440-2350 By: Nikolaos E. Diamantis To: LAW OFFICES OF MICHAEL S. LAMONSOFF Attorneys for Plaintiff KENNETH JONES Financial Square at 32 Old Slip New York, NY 10005 (212) 962-1020 File No.: 23878 FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018 GALLO VITUCCI KLAR, LLP Attorneys for Defendant BAY CRANE SERVICE, INC. 3rd 90 Broad Street, FlOOr New York, NY 10004 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN Attorneys for Defendant SKYLIFT CONTRACTOR CORP. 213 Wall Street Plaza, 88 Pine Street, Floor New York, NY 10005 (212) 376-6400 FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X Index No. 155495/2015 KENNETH JONES, DEMAND FOR Plaintiff, MEDICAL BILLING DISCLOSURE -against- 260-261 MADISON AVENUE LLC, SKYLIFT CONTRACTOR CORP. and BAY CRANE SERVICE INC., Defendants. -------------------------------------------------------X C O U N S E L O R S: PLEASE TAKE NOTICE, that demand is hereby made that you serve upon the undersigned within twenty (20) days, copies of all records and/or reports and duly executed authorizations for such records relating to billing by any medical individual or entity involved in the treatmcat, diagnosis and prognosis of the plaintiff(s) for injuries allegedly suffered herein. PLEASE TAKE FURTHER NOTICE that undersigned will object, upon the trial of this action, to the receipt in evidêñce of any part of said records not made available pursuant to this demañd; and to the introduction of any evidence of costs connected with injuries or conditions not set forth or put in issue in any billing record or reports heretofore received by the undersigned and to the tedimany of any physician whose billing records have not been served as demanded. Dated: New York, New York December 3, 2015 Yours, etc., Law Offices of CHARLES J. SIEGEL Attorneys for Defendant 260-261 MADISON AVENUE LLC Office & P.O. Address 7°" 125 Broad Street, Floor New York, New York 10004 (212) 440-2350 By: Nikolaos E. Diamantis FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018 To: LAW OFFICES OF MICHAEL S. LAMONSOFF Attorneys for Plaintiff KENNETH JONES Financial Square at 32 Old Slip New York, NY 10005 (212) 962-1020 File No.: 23878 GALLO VITUCCI KLAR, LLP Attorneys for Defendant BAY CRANE SERVICE, INC. 3rd 90 Broad Street, FlOOr New York, NY 10004 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN Attorneys for Defendant SKYLIFT CONTRACTOR CORP. 213 Wall Street Plaza, 88 Pine Street, Floor New York, NY 10005 (212) 376-6400 FILED: NEW YORK COUNTY CLERK 10/15/2018 07:15 AM INDEX NO. 162502/2015 NYSCEF DOC. NO. 174 RECEIVED NYSCEF: 10/15/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------X Index No. 155495/2015 KENNETH JONES, DEMAND FOR Plaintiff, SOCIAL MEDIA DISCLOSURE -against- 260-261 MADISON AVENUE LLC, SKYLIFT CONTRACTOR CORP. and BAY CRANE SERVICE INC., Defendants. -------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to §3120 of the CPLR you are hereby required to furnish to the undersigned, authorizations to obtain full access to and copies of, defendants current and historical Facebook, Twitter, MySpace, Instagram, and Linkdin accounts for the period of (1) year prior to the contract date in this matter to the present. See Romano v. Steeicase, Inc., 2006-2233 (Suffolk Co., Sup. Ct., September 21, 2010); and Servelli v. Westchester, 2007-19051(Westchester Sup. Ct., December 22,2010), 1. Authorizations shall permit the release and complete copies of said accounts including but not limited to: allrecords, information, photographs, videos, comments, messages and posting on Facebook, Twitter, MySpace, Instagram, and Linkedln accounts. 2. Authorizations shall include the name, username, screen name, and E-mail account used in creating each and every Facebook, Twitter, MySpace, Instagram, and Linkedln accounts. 3. The authorizations shall allow full and unrestricted access to the requested records and shall be directed to the following: a. Facebook Attn: Security Department 1601 South California Avenue Palo Alto, CA 94304 b. Twitter, Inc. c/o Trust & Safety 795 Folsom Street, Suite 600