Judge: Stephen P. Pfahler, Case: 21STCV25336, Date: 2023-09-18 Tentative Ruling
Case Number: 21STCV25336 Hearing Date: October 2, 2023 Dept: F49
Dept.
F-49
Date:
10-2-23
Case
# 21STCV25336
Trial
Date: 2-26-24 c/f 9-18-24
DOCUMENTS
MOVING
PARTY: Defendant, Los Angeles Unified School District, et al.
RESPONDING
PARTY: Plaintiff, Evelyn Gallegos, Pro Per
RELIEF
REQUESTED
Motion
to Compel Responses to Request for Production of Documents
SUMMARY
OF ACTION
Plaintiff
Evelyn Gallegos was a student at Germain Elementary School with the Los Angeles
Unified School District (LAUSD). Plaintiff alleges bullying by fellow students
and the failure of the school principal, defendant Luis Lopez, to address the
bullying, even after a transfer of the student to a new classroom. Plaintiff
alleges a particularly violent incident on March 5, 2020, which plaintiff
alleges the final act in the course of conduct leading to the subject action.
On
July 9, 2021, Plaintiff filed a complaint for Intentional Infliction of
Emotional Distress, Negligent Infliction of Emotional Distress, Negligence, and
Negligent Supervision. On November 3, 2021, the action was transferred from
Department 31 to Department 49.
New
counsel for Plaintiff substituted into the case on January 3, 2022. On May 18,
2022, the court sustained the demurrer of Los Angeles Unified School District
and Luis Lopez with leave to amend. On June 13, 2022, Plaintiff filed a first
amended complaint for Intentional Infliction of Emotional Distress, Negligent
Infliction of Emotional Distress, Negligence, and Negligent Supervision. On
September 1, 2022, the court sustained the demurrer with leave to amend.
On
September 20, 2022, Plaintiff filed the second amended complaint for Negligent
Infliction of Emotional Distress, Negligence, and Negligent Supervision. On
March 2, 2023, the court sustained the demurrer without leave to amend as to
the first cause of action for negligent infliction of emotional distress, and
overruled as to the remainder of the operative complaint. The court also
granted the motion to strike the punitive damages claims with prejudice.
Defendants answered the remaining causes of action on March 21, 2023.
On
May 4, 2023, the court granted the motion of counsel for Plaintiff to be
relieved as counsel of record.
RULING: Granted.
Defendants
Los Angeles Unified School District (LAUSD) move to compel responses to Request
for Production of Documents (set one) as to plaintiff Evelyn Gallegos.
LAUSD represents
service of Request for Production of Documents (set one) on March 17, 2023.
[Declaration of Sabryna Beckles, ¶ 5, Ex. A.] According to LAUSD, at the time
of the filing of the motion, no responses were received. [Id., ¶ 7.] The
subject discovery was served on former counsel to Plaintiff prior to the
withdrawal of representation. [Id., ¶ 5.] The court therefore finds service
valid, and assumes former counsel forwarded the file to the former clients.
The
motion is unopposed. A Notice of Non-Opposition was filed by LAUSD on September
25, 2023. The unopposed motion is granted. Plaintiff Karen Gallegos is ordered
to serve verified responses to Request for Production of Documents (set one)
without objections within ten days. (Code Civ. Proc., § 2031.300, subd. (a-b).)
Because Plaintiff is a minor and the guardian parent possibly remains unhoused,
the court refrains from imposing sanctions. (Code Civ. Proc., § 2031.300, subd.
(c).)
Final Status Conference and Trial set for February 15, and
February 26, 2024, respectively.
LAUSD to give notice.