Judge: Michelle C. Kim, Case: BC659877, Date: 2023-04-26 Tentative Ruling

Case Number: BC659877    Hearing Date: April 26, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On May 2, 2017, Plaintiff Hector Javier Pena filed this action against Inter Stone Tools, Inc. (“Inter Stone”) and Luigi Interlandi (“Luigi”) for injuries Plaintiff sustained when acetone ignited and exploded near Plaintiff.  Plaintiff was in the scope of his employment with defendants when the incident occurred.  The incident allegedly occurred on August 23, 2016, and Plaintiff filed the complaint on May 2, 2017.  On May 15, 2017, Plaintiff filed Amendments to Complaint naming Marina Interlandi (“Marina”) (collectively, with Luigi, the “Interlandis”) as Doe 1 and naming Kevin Moda (“Moda”) as Doe 2.  On September 19, 2019, Plaintiff filed a Request for Dismissal dismissing Inter Stone and Moda without prejudice.

At this time, Plaintiff moves to compel the depositions of defendants Luigi and Marina.  Defendants filed an opposition to the motion, and Plaintiff filed a reply. 

These motions were last heard on April 3, 2023, where they were continued to April 26, 2023, pursuant to Defendants’ request.  Defendants’ counsel represented that defense counsel needed to get in contact with Defendants to see if Defendants would submit.  The Court wishes to speak to both parties at the hearing on this matter.  

Plaintiff 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 26^th day of April 2023