Judge: Michelle C. Kim, Case: 19STCV14977, Date: 2023-08-16 Tentative Ruling


Case Number: 19STCV14977    Hearing Date: December 14, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

GRADY DILLON, 

Plaintiff(s), 

vs. 

 

LOS ANGELES DEPARTMENT OF WATER AND POWER, ET AL., 

 

Defendant(s). 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

      CASE NO: 19STCV14977 

 

[TENTATIVE] ORDER DENYING MOTION TO QUASH WITHOUT PREJUDICE 

 

Dept. 31 

1:30 p.m.  

December 14, 2023 

 

Defendants City of Los Angeles, acting by and through the Los Angeles Department of Water and Power and Manuel Medina ("Defendants") move to quash Plaintiff Grady Dillon’s (“Plaintiff”) subpoena for prior defense counsel Deborah Dorny’s (“Dorny”) appearance at trial. Plaintiff opposes the motion, and Defendants filed a reply. 

 

In opposition, Plaintiff contends that the issue of Dorny’s trial subpoena was raised on October 13, 2023, and that the Court stated the matter should be brought as a motion in limine before the trial judge.  

 

In reply, Defendants contend there are legal grounds to challenge the subpoena on a motion, but that Defendants are also amenable to the Court deferring the hearing on the motion to be heard and ruled upon by the trial judge. 

 

On the facts of this case, and given that in the Personal Injury Court system this case will be tried by a different court than the Court ruling on this motion, the Court finds it appropriate for the trial judge to determine the issue. In the PI Court system, the trial court rules on motions in limine, even those that significantly affect trial preparation.  While this motion to quash is not a motion in limine, the logic of having the trial judge determine it is similar. Here, the request to quash prior defense counsel’s appearance at trial appears to be one for which the trial judge should make a determination. 

 

Defendants’ motion to quash is denied without prejudice to Defendants raising this issue for the trial judge to consider at the time that the judge rules upon motions in limine.   

 

Accordingly, the motion is denied without prejudice. 

 

Moving party is ordered to give notice.   

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 13th day of December 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court