Judge: Stephen P. Pfahler, Case: 21STCV36657, Date: 2023-01-18 Tentative Ruling

Case Number: 21STCV36657    Hearing Date: January 18, 2023    Dept: F49

Dept. F-49

Date: 1-18-23 c/f 10-7-22

Case #21STCV36657 (lead case related to consolidated cases 22STCV07738 and 22STCV02526)

Trial Date: Not Set

COMPEL

MOVING PARTY: Plaintiffs, Larry Carlon, et al.

RESPONDING PARTY: Los Angeles County Sheriff

RELIEF REQUESTED

Motion to Compel Compliance with a Subpoena

SUMMARY OF ACTION

On June 1, 2021, Jonathan Patrick Tatone shot and killed Tory Carlon, then committed suicide, while the two were on the premises of Los Angeles County Fire Department Station 81 in Agua Dulce.

Procedurally, there are three cases currently pending before this court (Dept. F49):

21STCV36657 (Lead Case)

On October 5, 2021, Larry and Bonnie Carlon, individually and on behalf of the Estate of Tory Carlon, filed a complaint for Assault and Battery, Negligence, and Wrongful Death. On April 21, 2022, Estate of Jonathan Tatone, et al. filed a cross-complaint for Wrongful Death, Negligence, Indemnity, Contribution, and Declaratory Relief against County of Los Angeles. The answer of Estate of Tatone was filed on April 22, 2022.

On June 17, 2022, the court (Dept. 29) found 21STCV36657, 22STCV07738 and 22STCV02526 related. In that same order, the court also designated 21STCV36657 as the lead case.

On June 23, 2022, the court (Dept. 29) transferred the lead case to Dept. F49.

On July 15, 2022, Plaintiffs Larry and Bonnie Carlon filed their first amended complaint for Negligence, Wrongful Death, and Violation of the Bane Civil Rights Act.

22STCV02526

On January 21, 2022, Heidi, Joslyn, and B.M. Carlon filed a complaint for wrongful death against County of Los Angeles, and the Estate of Tatone.

On July 20, 2022, Heidi Carlon, et al. filed a first amended complaint for Negligence/Wrongful Death, and Violation of the Bane Civil Rights Act. On September 29, 2022, the parties stipulated to the filing of the second amended complaint. On October 7, 2022, Heidi Carlon, et al. filed their second amended complaint for Wrongful Death, Negligence, and Violation of the Bane Act.

Meanwhile, on September 6, 2022, Heidi Carlon, et al. filed a notice of related cases for 21STPB01615 (In re Estate of Jonathan Tatone), 21STCV36657 (lead case), 22STCV02464 (Sandoval v. County of Los Angeles, et al.), 22STCV07738 (related case), and 22STCV13212 (Seaview Insurance Company v. Estate of Jonathan Tatone, et al.) Los Angeles County objected, and Seaview Insurance Co. filed an objection to the notice of related cases. No action was taken on the filed notice by the Department with the oldest case, Dept. ST11 in case no. 21STPB06115.

22STCV07738

On March 2, 2022, Larry and Bonnie Carlon Carlon, individually and on behalf of the Estate of Tory Carlon, filed a complaint for Negligence, and Wrongful Death. On June 17, 2022, the court sustained the demurrer of Los Angeles County with 30 days leave to amend. The court also consolidated 22STCV07738 with 22STCV02526.

On June 23, 2022, Department 29 transferred the action to Department F49.

RULING: Continued.

On October 7, 2022, the court heard plaintiffs Larry and Bonnie Carlon motion to compel compliance with a subpoena for production of business records seeking production of the Los Angeles County Sheriff (LASD) file on the underlying shooting investigation. At the request of moving parties, the court continued the hearing to January 18, 2023, with a request for supplemental briefs 10 calendar days prior to the hearing, or prior notice taking the motion off-calendar no later than five (5) days before the hearing.

Los Angeles County and the Los Angeles County Sheriff submitted a supplemental brief representing production of 43 videos comprising footage taken from responding personnel to the shooting. The videos were produced on December 20, 2022, and January 4, 2023, respectively. County and the Sheriffs Department represent that the parties are working to resolve one final issue regarding verification that all body camera footage has now been provided, and no other footage exists. Upon completion of this, County represents the motion should go off-calendar as moot. County therefore requests a continuance in order to complete the process.

Plaintiffs submit no supplemental brief or withdrawal of the motion. The court therefore continues the hearing to March 8, 2023.

The parties are again invited to submit supplemental briefing of no more than five (5) pages per party, if necessary, 10 calendar days before the next hearing date. The court would also appreciate Plaintiffs’ withdrawal of the motion, if all discovery disputes are resolved at or before the 10 day deadline. If no notice or supplemental brief is provided, the court will expect an update from the parties at the time of the hearing.

Demurrer to the First Amended Complaint and Motion to Consolidate set for February 9, and February 22, 2023.

Plaintiffs to provide notice to all parties and the Los Angeles County Sheriff.