Tentative Ruling on Motion to Set Aside Default
Deschenes v. BEA, Case No. 2019-51125
Sept. 4, 2020, 1:30 p.m., Dept. 72
1. Overview and Procedural Posture.
This is a premises liability case involving an electromagnetic lock which fell from a doorway and injured plaintiff's head. Plaintiff's spouse has a loss of consortium claim. The Judicial Council form complaint was filed Sept. 26, 2019. The case was initially assigned to Judge Trapp, but was reassigned to Dept. 72 after defendant BEA challenged her. ROA 13, 15. BEA answered and cross-complained against defendant Kilroy. ROA 11, 12.
Plaintiffs sought an order compelling a non-party, ESIS, to comply with a subpoena duces tecum served on it for records plaintiffs believed are "vital to the issues raised" in his complaint. ROA 18. ESIS is the worker's comp carrier for plaintiff's employer, Phillips. The motion was set for April 3, 2020. Also set for that day was a continued CMC. ROA 42-43. [At the initial CMC, problems with servic
Hearing Date
September 01, 2020
Category
Civil - Unlimited
For full print and download access, please subscribe at https://www.trellis.law/.
Tentative Ruling on Motion to Set Aside Default
Deschenes v. BEA, Case No. 2019-51125
Sept. 4, 2020, 1:30 p.m., Dept. 72
1. Overview and Procedural Posture.
This is a premises liability case involving an electromagnetic lock which fell from a doorway and injured plaintiff's head. Plaintiff's spouse has a loss of consortium claim. The Judicial Council form complaint was filed Sept. 26, 2019. The case was initially assigned to Judge Trapp, but was reassigned to Dept. 72 after defendant BEA challenged her. ROA 13, 15. BEA answered and cross-complained against defendant Kilroy. ROA 11, 12.
Plaintiffs sought an order compelling a non-party, ESIS, to comply with a subpoena duces tecum served on it for records plaintiffs believed are "vital to the issues raised" in his complaint. ROA 18. ESIS is the worker's comp carrier for plaintiff's employer, Phillips. The motion was set for April 3, 2020. Also set for that day was a continued CMC. ROA 42-43. [At the initial CMC, problems with servic