Judge: Lee S. Arian, Case: 21STCV04848, Date: 2023-12-07 Tentative Ruling

Case Number: 21STCV04848    Hearing Date: February 7, 2024    Dept: 27

Tentative Ruling

Judge Lee Arian, Department 27

HEARING DATE:     February 7, 2024                   TRIAL DATE:  March 7, 2024

CASE:                                Eileen Vargas v. GTrans, et al.

CASE NO.:                 21STCV04848

MOTION TO COMPEL THE DEPOSITION OF PLAINTIFF EILEEN VARGAS

MOVING PARTY:               Defendant City of Gardena

RESPONDING PARTY:     No opposition

I.          BACKGROUND AND RULING

            On February 5, 2021, Plaintiff Eileen Vargas (“Plaintiff”) filed a complaint against defendants GTrans, City of Gardena, County of Los Angeles, and Luis Doe (“Defendants”) alleging two causes of action for (1) General Negligence and (2) Motor Vehicle Negligence. Plaintiff alleges that she was a passenger on Defendants’ bus when the driver of the bus hit the brakes to avoid a collision and caused Plaintiff to sustain injuries. 

            On April 28, 2023, defendant City of Gardena (“Defendant”) filed this motion to compel Plaintiff’s deposition.

            On January 12, 2024, Defendant filed a motion for terminating sanctions for failure to comply with the Court’s previous order to provide discovery responses. The motion was unopposed and scheduled for hearing on February 5, 2024.

On February 5, 2024, the Court heard and granted Plaintiff’s unopposed motion for terminating sanctions.   In light of that ruling, this unopposed motion seeking to compel Plaintiff’s deposition is moot and is taken off calendar on that basis.

Moving party to give notice. 

Dated:   February 7, 2024

                                                                                                ___________________________________

                                                                                    Lee S. Arian

                                                                                    Judge of the Superior Court

            Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.