2024-06-13 Notice of Filing (Alexander) June 13, 2024 (2024)

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IN THE STATE COURT OF GWINNETT COUNTY STATE OF GEORGIA PHILIP BRADFIELD, individually and as father and natural guardian of minor Gabriel Bradfield, CIVIL ACTION FILE NO. 22-C-07003-S7 Plaintiff, v. AMAZON LOGISTICS, INC., THOMPSON & CARTER ENTITIES, LLC, d/b/a FLY FELLA LOGISTICS, and JAWONN COWAN, Defendants. NOTICE OF FILING Counsel for Defendant Amazon Logistics, Inc. gives notice of the filing of the April 17,2024 Deposition of Sean M. Alexander. Respectfully submitted this 13th day of June, 2024. s/ James W. Cobb James W. Cobb Georgia Bar No. 420133 Michael L. Eber Georgia Bar No. 859338 Sarah Brewerton-Palmer Georgia Bar No. 589898 Emily C. Snow Georgia Bar No. 837411 CAPLAN COBB LLC 75 Fourteenth Street, NE, Suite 2700 Atlanta, Georgia 30309 Tel: (404) 596-5600 Fax: (404) 596-5604 jcobb@caplancobb.com meber@caplancobb.com spalmer@caplancobb.com esnow@caplancobb.com Robert Dal Burton Georgia Bar No. 097890 Jason S. Stewart Georgia Bar No. 793252 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP 3348 Peachtree Road NE Suite 1440 Atlanta, GA 30326 (470) 419-6650 Fax (470) 419-6651 Dal.Burton@wilsonelser.com Jason. Stewart@wilsonelser.com Counsel for Defendant Amazon Logistics, Inc.2 CERTIFICATE OF SERVICE I hereby certify that I have this day caused a true and correct copy of the foregoing to befiled with the Clerk of Court using the eFile Georgia system, which will serve a true and correctcopy of the same upon all counsel of record, who have consented to electronic service ofdocuments. This 13th day of June, 2024. /s/ James W. Cobb James W. Cobb Georgia Bar No. 420133 jcobb@caplancobb.com Counsel for Defendant Amazon Logistics, Inc. 3 Sean M. Alexander April 17, 2024 Bradfield, Philip v. Amazon Logistics, Inc., Et Al. Page 11 IN THE STATE COURT OF GWINNETT COUNTY STATE OF GEORGIA2 ______________________________________________________3 PHILIP BRADFIELD, | individually and as father |4 and natural guardian of | minor, Gabriel Bradfield, | CIVIL ACTION5 | Plaintiff, | NO. 22-C-07003-S26 | vs. |7 | AMAZON LOGISTICS, INC., |8 THOMPSON & CARTER ENTITIES, | LLC d/b/a FLY FELLA |9 LOGISTICS and JAWONN COWAN, | |10 Defendants. ______________________________________________________1112 VIDEO RECORDED DEPOSITION OF13 SEAN M. ALEXANDER1415 Wednesday, April 17, 202416 10:10 a.m.17 Suite L18 524 South Houston Lake Road Warner Robins, Georgia1920 Tammy G. Mozley, CCR-B-1032, RPR21 ______________________________________________________22 COMBS COURT REPORTING, INC.23 112 PIERCE AVENUE MACON, GEORGIA 3120424 (478) 474-6987 www.combscourtreporting.com25 Veritext Legal Solutions 800.808.4958 770.343.9696 Sean M. Alexander April 17, 2024 Bradfield, Philip v. Amazon Logistics, Inc., Et Al. Page 21 APPEARANCES OF COUNSEL23 On behalf of the Plaintiff:4 DANIEL J. KINGSLEY, Esq. Fried Goldberg, LLC5 Suite 1500 3550 Lenox Road NE6 Atlanta, Georgia 30326 404 591-18137 dan@friedgoldberg.com8 On behalf of the Defendant 9 Amazon Logistics, Inc.:10 JASON S. STEWART, Esq. Wilson Elser Moskowitz Edelman & Dicker LLP11 Suite 1400 3348 Peachtree Road, NE12 Atlanta, Georgia 30326 470 419-665013 Jason.Stewart@wilsonelser.com14 On behalf of the Defendants15 Thompson & Carter Entities, LLC and Mr. Cowan:16 WILLIAM S. FAWCETT, Esq. Hall Booth Smith, P.C.17 Suite 2900 191 Peachtree Street, NE18 Atlanta, Georgia 30303 404 954-500019 bfawcett@hallboothsmith.com20 Videographer:21 Mr. Gerald Bowens22 - - -232425 Veritext Legal Solutions 800.808.4958 770.343.9696 Sean M. Alexander April 17, 2024 Bradfield, Philip v. Amazon Logistics, Inc., Et Al. Page 31 TABLE OF CONTENTS2 EXAMINATION PAGE3 Examination by Mr. Stewart 6 Examination by Mr. Fawcett 1474 Further Examination by Mr. Stewart 1555 - - -67 DEFENDANT'S EXHIBIT DESCRIPTION PAGE89 Exhibit 1 Curriculum Vitae 710 Exhibit 2 Listing of Testimony 4311 Exhibit 3 Notice of Deposition 4512 Exhibit 4 Model Number 2 4913 Exhibit 5 Model Number 1 4914 Exhibit 6 Total Distance Calculations 7515 Exhibit 7 Photograph 11416 Exhibit 8 Photograph 11417 Exhibit 9 Invoices 1461819202122232425 Veritext Legal Solutions 800.808.4958 770.343.9696 Sean M. Alexander April 17, 2024 Bradfield, Philip v. Amazon Logistics, Inc., Et Al. Page 41 (Reporter disclosure made pursuant to2 Article 10.B of the Rules and Regulations of the3 Board of Court Reporting of the Judicial Council4 of Georgia.)5 THE VIDEOGRAPHER: Good morning. We're6 going on record at 10:11 a.m.7 This is Wednesday, April 17th, 2024.8 Please note that the microphones are sensitive9 and may pick up whisperings and private10 conversations. Please mute all cell phones at11 this time.12 Audio and video recording will continue to13 take place unless all parties agree to go off14 record.15 This begins media one in the video16 recorded deposition of Sean Alexander, taken by17 counsel in the matter of Philip Bradfield versus18 Amazon Logistics, Incorporated, filed in the19 State Court of Gwinnett County, State of Georgia.20 This is Case No. 22-C-07003-S2.21 We're located in the office of Sean22 Alexander, Warner Robins, Georgia.23 My name is Gerald Bowens for the firm of24 Veritext Legal Solutions. I'm the videographer.25 The court reporter is Tammy Mozley for the firm Veritext Legal Solutions 800.808.4958 770.343.9696 Sean M. Alexander April 17, 2024 Bradfield, Philip v. Amazon Logistics, Inc., Et Al. Page 51 of Veritext Legal Solutions.2 I'm not authorized to administer an oath,3 nor am I related to any parties in this action4 nor am I financially interested in the outcome.5 If there is any objection to proceeding,6 please state them at the time of your appearance.7 Counsel now will state their appearance8 and affiliation for the record beginning with the9 noticing attorney.10 MR. STEWART: This is Jason Stewart on11 behalf of Defendant, Amazon Logistics.12 MR. FAWCETT: Billy Fawcett --13 MR. KINGSLEY: Dan --14 MR. FAWCETT: Sorry. Go ahead.15 MR. KINGSLEY: I'm sorry.16 MR. FAWCETT: You got it.17 THE WITNESS: Go ahead, Dan.18 MR. KINGSLEY: This is Dan Kingsley on19 behalf of the Plaintiff.20 MR. FAWCETT: Billy Fawcett on behalf21 of Thompson & Carter Entities and Jawonn Cowan.22 THE VIDEOGRAPHER: Thank you very much.23 Will the court reporter, please, swear in24 the witness.25 / / / Veritext Legal Solutions 800.808.4958 770.343.9696 Sean M. Alexander April 17, 2024 Bradfield, Philip v. Amazon Logistics, Inc., Et Al. Page 61 SEAN M. ALEXANDER,2 having been first duly sworn, was examined and3 testified as follows:4 EXAMINATION5 BY MR. STEWART:6 Q. Hey. Good morning, sir.7 A. Good morning to you.8 Q. Could you, please, state your full name9 for the record.10 A. Yes, sir. Sean, S-e-a-n, Michael11 Alexander.12 Q. And it's good to see you again. I know13 this isn't your first time giving your deposition14 testimony. So I'll forego the rules.15 I just ask that if I ask a question and16 you don't understand it, just let me know. I'll do my17 best to rephrase.18 A. Yes, sir.19 Q. All right. And, sir, what is your20 business address?21 A. 524 South Houston Lake Road, Warner22 Robins, Georgia, Suite or Lot L, as in Lincoln.23 Q. Got you. And that's where we're currently24 sitting today?25 A. Yes, sir. Veritext Legal Solutions 800.808.4958 770.343.9696 Sean M. Alexander April 17, 2024 Bradfield, Philip v. Amazon Logistics, Inc., Et Al. Page 71 Q. And what is the name of your business?2 A. It's CAR, Crash Analysis & Reconstruction,3 LLC.4 Q. Okay. It's my understanding that you are5 the sole owner.6 A. I am, yes, sir.7 Q. And have you been since 2000?8 A. Doing business as since 2000. I believe9 it was LLC'ed in 2004 by memory. Same name, though.10 (Defendant's Exhibit 1 was marked for11 identification.)12 Q. (By Mr. Stewart) I'm going to show you13 what has been marked as Defendant's Exhibit 1, and14 it's just a copy of your CV.15 And I just want to confirm. Is this a16 copy, what's been marked as Defendant's Exhibit 1, is17 it an accurate copy of your current CV?18 A. Let's see. Yes, sir.19 Q. So nothing needs to be added or amended?20 A. No, sir.21 Q. Thank you. Sir, when were you first22 retained in this case?23 A. Around October 25th, maybe 24th, of 2022.24 Q. Okay. How were you first retained?25 A. I believe by email. Veritext Legal Solutions 800.808.4958 770.343.9696 Sean M. Alexander April 17, 2024 Bradfield, Philip v. Amazon Logistics, Inc., Et Al. Page 81 Q. Okay. Who emailed you?2 A. Somebody at Goldberg's office, Goldberg3 Fried, somebody up there.4 Q. Do you remember who?5 A. No idea. I pulled all the emails. Back6 in the end or December 2022, Rackspace got hit. Their7 web share services and exchange was hacked and all of8 us across the world lost our emails up to 2022. So I9 have everything from 2023. I just don't know the10 exact date this goes over.11 Q. And just so I'm clear, what exactly is12 Rackspace?13 A. Rackspace is an email provider. They were14 the third largest in the world at the time for15 businesses, personal, mainly businesses, because you16 can just get your own email, like at Gmail, but for17 businesses and for websites so they're a hosting18 system and they got hacked so.19 Q. Okay.20 A. Me along with about a billion other people21 lost a lot of our emails. I recovered some but not22 all of them.23 Q. Got you. How do you spell Rackspace?24 A. It's R-a-c-k-s-p-a-c-e.25 Q. And when you were contacted, were you Veritext Legal Solutions 800.808.4958 770.343.9696 Sean M. Alexander April 17, 2024 Bradfield, Philip v. Amazon Logistics, Inc., Et Al. Page 91 provided a scope of work that you were asked to do?2 A. At the time, we were just asked to do the3 scene and to set up an inspection with the other side4 at that point to do the inspection of the car.5 Q. Okay. And did that scope of work change6 at any time?7 A. It changed this year.8 Q. Okay. What was the change?9 A. I was asked to actually look at the case10 for re-constructional purposes.11 Q. Okay. Any other requests in terms of12 changing your scope of work?13 A. No, sir. Like I said, I had -- we had14 done that work in 2022 and nothing else happened on15 the case until this year when I was contacted in16 regards to continuing to actually look at the case to17 see if we can determine what happened or if I can18 determine what happened.19 Q. Okay. So back in 2022, are you saying20 that -- well, the inspection of the vehicle happened,21 correct?22 A. And the scene.23 Q. And the scene analysis.24 A. That's correct.25 Q. Okay. Happened in '22. All right. Let Veritext Legal Solutions 800.808.4958 770.343.9696 Sean M. Alexander April 17, 2024 Bradfield, Philip v. Amazon Logistics, Inc., Et Al. Page 101 me -- I'm going to go through some specifics just so,2 you know, I'm clear on, you know, what exactly --3 what, when, and how certain things were done.4 As far as the inspection, when did it5 occur?6 A. Which one?7 Q. The inspection of the vehicle.8 A. The vehicle was on 11/18/2022.9 Q. Okay. And who attended for your company?10 A. Austin Riley.11 Q. Anyone else?12 A. From my company, no.13 Q. And what was inspected on November14 the 18th of 2022?15 A. The involved Dodge Ram Promaster.16 Q. Was that a 2021 Ram Promaster?17 A. Yes, sir.18 Q. And what did your company do specifically19 during that inspection in regards to the 2021 Ram20 Promaster?21 A. Mapped it in 3D, took pictures inside out,22 took video of both. I believe we downloaded all those23 nonevents. And then there were some, I guess, shared24 pictures between us and the other experts Impact that25 were out there, where we worked with a measuring tape Veritext Legal Solutions 800.808.4958 770.343.9696 Sean M. Alexander April 17, 2024 Bradfield, Philip v. Amazon Logistics, Inc., Et Al. Page 111 in front of it and they walked in front of it to get2 some video and pictures, so kind of get an idea of3 what the height of a target could be to be seen.4 Q. Okay. And so you said you mapped the5 vehicle in 3D. Was that -- what purpose was that for?6 A. So I can have the vehicle back in 3D. In7 the old days, we'd go out there with a plumb bob and8 map it in 2D; but in 3D, that gives me the entire9 dimensions of the vehicle as it actually sits.10 Q. Got you. And you mentioned doing11 something in regards to the interior of the Promaster.12 What exactly did you do?13 A. We took pictures and video and we got --14 and he got in the car and took some video. But we15 videotaped the interior of the vehicle and took some16 pictures of it.17 Q. When you say "he," Austin?18 A. Austin, yes.19 Q. And you mentioned download. Is that an20 ECM download?21 A. Not on this car. It's an event data22 recorder, an EDR. People mix place those, but ECMs23 are engine controlled modules or electronic controlled24 modules on tractor-trailers. An EDRs or SDMs, ACMs,25 SRMs, they're the ones that control the airbag modules Veritext Legal Solutions 800.808.4958 770.343.9696 Sean M. Alexander April 17, 2024 Bradfield, Philip v. Amazon Logistics, Inc., Et Al. Page 121 and your safety restraint systems so.2 Q. So in this particular vehicle, what module3 was downloaded?4 A. The event data recorder.5 Q. And when that data was downloaded, did it6 show anything important in terms of reaching your7 opinions in this case?8 A. No, sir. It had no events recorded.9 Q. So there was no data -- no data related to10 sudden deceleration, no data toward indicating11 anything of importance. Would that be fair?12 A. Sort of. Just to make sure we're clear,13 it doesn't look for sudden decelerations. That's the14 ECMs on trucks.15 Q. Okay.16 A. This is looking for what is called a jerk,17 which is a sudden change in a very small amount of18 time. So we're talking about zero to 80 milliseconds.19 It's looking at an event to do, I need you deploy a20 safety restraint system, like an airbag.21 And airbags really have to deploy by22 standards by 80 milliseconds. So it's deciding23 somewhere around 20 to 30 to 40 milliseconds, hey,24 what's happening. And so it's looking for like a jerk25 in the vehicle. Veritext Legal Solutions 800.808.4958 770.343.9696 Sean M. Alexander April 17, 2024 Bradfield, Philip v. Amazon Logistics, Inc., Et Al. Page 131 It is a Delta V, but we call it a jerk,2 which is an actual scientific term, a Delta V over a3 very small amount of time. It doesn't know that4 you're hitting the brakes except for it's recording5 it. Now, if you're on the brakes, for example, and6 you're heavy braking and then you hit something, well,7 your ground forces would be included with those g's8 causing the deceleration that would activate the EDR.9 And then you go, man, that's pretty high g's. But you10 could figure out which one is which. But in this11 case, the threshold for the impact wasn't met.12 Q. Okay.13 A. So it didn't record it.14 Q. And I'm just curious. For this particular15 EDR, what change in Delta V would you typically expect16 to see for something to be recorded?17 A. Most of these are set about 5 miles per18 hour or a KPH over 20 to 60 milliseconds.19 Q. Okay. Was this surprising at all that no20 data was recorded?21 A. No.22 Q. And why is that?23 A. We rarely get data unless it's a -- we24 rarely -- I'll finish the first part, and then talk25 about the second part. Veritext Legal Solutions 800.808.4958 770.343.9696 Sean M. Alexander April 17, 2024 Bradfield, Philip v. Amazon Logistics, Inc., Et Al. Page 141 We rarely get data from pedestrian crashes2 when it comes to these sensors because a pedestrian,3 not just a kid but a pedestrian, let's say, weighs 2004 pounds, like me, and a car weighs 4,000 pounds. In5 order to have a 5-mile-per-hour change on the car,6 it's got to speed me up to like 100 miles per hour.7 Well, you don't have that kind of slow down. It's a8 weight ratio issue.9 We have had some over my career. So let's10 say out of the thousands of cars we've downloaded,11 hundreds being pedestrians, I think I've gotten four12 from pedestrian strikes out of all these years, 20,13 what am I, 25 years now. The reason those were able14 to record was one was a Tahoe and it picked up the15 pedestrian because the pedestrian was 410 pounds.16 That's a big person. So less speed has to be17 attributed to activate it.18 One was a Toyota, which Toyotas have a19 pedestrian sensor; but in this case, it picked it up20 because the person was also pretty large and it was a21 longer nose truck. So when you have a low rise car22 and the pedestrian gets hit, they usually go up here.23 When there's not much slowing down, they ride up onto24 the hood into the glass, not much; but this one was a25 longer -- a taller hood, hit the pedestrian so it was Veritext Legal Solutions 800.808.4958 770.343.9696 Sean M. Alexander April 17, 2024 Bradfield, Philip v. Amazon Logistics, Inc., Et Al. Page 151 able to hit, and the Toyota very was light. So that2 helped.3 And the other two were Crown Vics, and the4 Crown Vics were police vehicles and they were actually5 picking up the ground forces coming in and they picked6 up the pedestrian because that was a PCM and those7 were set at like 1 KPH, which is 0.8 miles per hour.8 So it was able to pick up those.9 But outside those, you rarely pick them10 up. You just have to have the dynamics met and they11 normally are not met on a pedestrian hit.12 Q. Got you. Putting aside that we have13 talked about the data download, was there any14 information that was obtained from this inspection of15 the Promaster in November of '22, which you felt was16 pertinent in terms of you reaching your opinions in17 this case?18 A. Just that we gathered everything, every19 square inch of the model. So I can see if there was20 any contact damage, if there was any scrubbing,21 wipe-offs. You can see, when we talk about it22 shortly, there are some rub marks that could be23 attributed to the case.24 There is nothing that you can look at it25 and say this is remarkable about the case. Mainly, Veritext Legal Solutions 800.808.4958 770.343.9696 Sean M. Alexander April 17, 2024 Bradfield, Philip v. Amazon Logistics, Inc., Et Al. Page 161 because it is a -- we call it a low speed run-over.2 And if you're at low speed, then you don't have a lot3 of damage on the vehicles.4 I refer to it sort of like if somebody5 comes up and hits you really hard in your chest with6 both hands, right, you may have bruises on your chest7 and knock you down. But they could also come up to8 you like this and very slowly walk you backwards and9 push you over. You could fall down, but you may not10 have a mark on you from that on your body. So it's11 the forces that cause damage. There is nothing you12 can look at and say this is definitively from the13 collision.14 Q. Okay. And that was going to be my next15 question. All right. Let's talk about the scene16 analysis in '22. When was that?17 A. The 25th of October.18 Q. So this would have been before the19 inspection of the Promaster?20 A. Yes.21 Q. Okay.22 A. That's the date that we have the file23 being obtained. However, since the emails are gone, I24 don't know if Justin was already up there in that area25 and they called and Amy had him go do it or if we got Veritext Legal Solutions 800.808.4958 770.343.9696 Sean M. Alexander April 17, 2024 Bradfield, Philip v. Amazon Logistics, Inc., Et Al. Page 171 the case like a day or two earlier. I don't have the2 email, of course; but I know we did the scene on3 the 25th of October.4 Q. You said -- you mentioned Amy. Who is5 Amy?6 A. Amy is my wife. She's the manager here,7 runs scheduling.8 Q. All right. Who was present at the scene9 analysis?10 A. Justin.11 Q. Clip?12 A. Krage?13 Q. Krage.14 A. No. This is Justin Hall.15 Q. Justin Hall. Okay. So Justin Krage, he16 used to work for Macon-Bibb, right?17 A. Yeah. He works for me now too.18 Q. Okay.19 A. So Riley worked for Macon-Bibb, Krage20 worked for Macon-Bibb. Aiden worked for Macon-Bibb.21 Justin and Patrick both worked for me at Houston. So22 that's where we are.23 Q. Okay. So Justin Hall previously worked at24 Houston?25 A. Yes. Veritext Legal Solutions 800.808.4958 770.343.9696 Sean M. Alexander April 17, 2024 Bradfield, Philip v. Amazon Logistics, Inc., Et Al. Page 181 Q. Anyone else appear with Justin at the2 scene?3 A. No. We can do most of our work with one.4 I know some people send two; but the equipment we5 have, we can pretty much do everything with one6 person. So unless I'm doing something special that I7 need to, we usually just send one.8 Q. And for the scene analysis, what was the9 purpose and what exactly was done on that day?10 A. They took pictures, video, and then we11 mapped it in 3D as well. So the purpose of it, I know12 it's kind of a multiple question.13 We videotaped it, took pictures, and14 mapped it. The purpose of that is to keep the15 evidence before it goes missing, if there's any tire16 marks, scrub marks, gouges, scrapes, if there's any17 sight problems. Let's say you have cases where you've18 got trees overhanging and you can't see something, and19 then they cut it down. By the time you get out there,20 it's gone. So the earlier you can get out there for21 that to get the evidence, the better.22 Q. Okay. And as a result of taking the23 photographs, securing -- mapping the scene and doing24 the videos, were you able to obtain any information25 which was helpful in your analysis? Veritext Legal Solutions 800.808.4958 770.343.9696 Sean M. Alexander April 17, 2024 Bradfield, Philip v. Amazon Logistics, Inc., Et Al. Page 191 A. Yes.2 Q. And tell me what that was.3 A. Sure. So you can look on the screen.4 Here's the 3D model. It shows the approach of the5 road, just like we took the pictures; but mainly for6 this purpose, the only evidence that was still really7 obtainable, even this short time after the incident,8 was the tire mark that you see here marked on the9 screen. That came from the Razor as it was being10 pushed down the road.11 Q. Other than the tire marks -- the marks in12 the roadway being present, was there any other things13 that you observed on the roadway like, you know, paint14 transfer or anything like that which indicated --15 which gave you more information as to where those16 marks came from?17 A. At the time we didn't know where they came18 from. You just gathered it. That was the only marks19 that were still out there.20 There are some faint marks that you see21 where my arrow is. Later on when we got the video22 from the police, we have additional tire and23 additional body marks out there, drag marks; but they24 did not stay on the scene very long, which is common25 for some types of evidence. Veritext Legal Solutions 800.808.4958 770.343.9696 Sean M. Alexander April 17, 2024 Bradfield, Philip v. Amazon Logistics, Inc., Et Al. Page 201 Q. And you said but that was after you2 reviewed the police video?3 A. Yes, sir. That evidence was no longer out4 here that you can really see with your eyes, but you5 can see it in the police video. So I know where it6 was.7 Q. All right. Other than the -- during the8 scene analysis, other than the tire marks, was there9 anything else observed at the scene which was helpful10 in your analysis?11 A. No. It gives me -- I mean, when we map12 things in 3D, I get everything that I used to have to13 go out there and map by hand. The grade, we get the14 grade. We get the roll-off of the road. We get where15 the sidewalks are, the curbs, how big the curbs are,16 how big the lanes are. So it gives me everything so17 it's much easier, more accurate, and a lot less time.18 Q. Okay. All right. You mentioned that you19 were later asked to look at the case for20 reconstruction.21 A. Yes.22 Q. When was that request made?23 A. This year, 2023.24 Q. When exactly?25 A. I don't know exactly when -- well, let me Veritext Legal Solutions 800.808.4958 770.343.9696 Sean M. Alexander April 17, 2024 Bradfield, Philip v. Amazon Logistics, Inc., Et Al. Page 211 see. I guess I can pull up the emails.2 I know I couldn't get to it until April.3 Let me see. I think they asked for, like, a4 deposition around 2/21/2024 and I told them, well, I5 would need to actually, you know -- yeah, depo case6 and that's when I talked to Goldberg and I said, you7 know, I need to reconstruct it. I need to actually do8 the work to be able to give you a deposition. He9 said, oh, yeah, go ahead.10 Q. Okay.11 A. So that's when I did it. I said, well, if12 you have any discovery, because at the time I had not13 had any data except for the accident report. He goes,14 yeah. And Ms. Willis sent over a link, which you'll15 see in here as well, that has the pictures taken by16 mom, a video. It has the police officers' videos and17 some depositions.18 Q. Okay. And so the -- let's talk, since you19 transitioned, let me ask about it. The materials that20 you've actually reviewed in your -- for the purpose of21 doing your reconstruction, what materials were there?22 A. When you -- I think you have my folder23 sent to you; but for the record, as you're looking24 back later, in the provided folder on 4/21/2024, I25 received the scene photos and videos taken by mom. I Veritext Legal Solutions 800.808.4958 770.343.9696 Sean M. Alexander April 17, 2024 Bradfield, Philip v. Amazon Logistics, Inc., Et Al. Page 221 hope you have these. If not, we'll go through them.2 You should have them.3 There were some pictures taken at the4 scene, at the hospital, obviously, and then there was5 a video at the hospital. But the video of the6 gentleman when they were -- of the young kid when they7 were actually lifting the front of the truck up and8 pulling the kid out. So that's the only video that I9 have in reference to that part of it. The rest of10 them are just some pictures taken of the child either11 underneath the van or on the gurney or at the12 hospital.13 The second thing that I was able to see14 was the Tyrone County videos. There are six disks.15 Some are dash cams, body cams of the officers that16 responded. I had a deposition transcript of Thomas,17 Cowan, the McClures, and their exhibits.18 Q. Got you. So you have -- let me ask this.19 Did you personally review the photographs taken by the20 Plaintiff's -- the minor's mother?21 A. Yes.22 Q. All right. Did you personally review the23 materials from Tyrone Police Department?24 A. Yes.25 Q. All right. Did you personally review the Veritext Legal Solutions 800.808.4958 770.343.9696 Sean M. Alexander April 17, 2024 Bradfield, Philip v. Amazon Logistics, Inc., Et Al. Page 231 deposition transcript of Mr. Cowan, the 30(b)(6) of2 Thompson & Carter, Andrew McClure, and Caroline3 McClure?4 A. Yes. I realize there are some experts5 that have somebody else do it and make notes for them,6 but I do all the analysis, reading all the stuff. The7 only thing my techs do is they are technicians, they8 go to the field and gather some data.9 Q. Okay. All right. So would it be fair to10 say that in terms of the documentation you reviewed to11 perform your reconstruction, you relied on counsel to12 share all potential relevant documents with you,13 documents and videos?14 A. Yes, sir. I would have not been able to15 even do the things that I've done or interpret the16 things that I've done, and we still don't have17 definitive data, but we have a range of data we can18 look at of what could occur. But, yes, even without19 that, I couldn't even answer some of the questions I'm20 sure you're going to ask me.21 Q. All right. You said you still don't have22 definitive data. What do you mean by that?23 A. We have a collision that doesn't cause24 damage to a truck. We have dynamics involved that are25 counterproductive to what you think would have Veritext Legal Solutions 800.808.4958 770.343.9696 Sean M. Alexander April 17, 2024 Bradfield, Philip v. Amazon Logistics, Inc., Et Al. Page 241 occurred, and so you have to look at all the evidence2 to determine the most likely way it occurred, which is3 what I've done.4 But in terms of accident reconstruction,5 it's not something I can say this is definitely what6 happened because there is an alternative method that7 could have occurred. The alternative method to me8 doesn't really match up as well. It could work based9 off the data.10 And you have a child telling the police in11 the video which way the kid was coming, and it's the12 only way that it would work if that is true. But it's13 just -- the mechanics of it are much more difficult to14 accomplish based off the kind of crash this is than15 the other one that is to me more likely.16 Q. Okay. We're going to come back to that.17 A. Yes, sir. I'm sure we are.18 Q. All right. Other than the document -- and19 we've reviewed your file. I'm just checking to make20 sure that the interpretation from that review is21 accurate.22 A. Okay.23 Q. You know, just for the record, other than24 the documents that you received from Mr. Goldberg's25 office, did you receive any documents from any other Veritext Legal Solutions 800.808.4958 770.343.9696 Sean M. Alexander April 17, 2024 Bradfield, Philip v. Amazon Logistics, Inc., Et Al. Page 251 person for purposes of performing your reconstruction?2 A. No. Everything else was me or my team3 that went out there to the scene and the truck. The4 only other thing I received, but it doesn't really go5 into my reconstruction, was we went up to the scene in6 April and we created some visibility or you don't7 really call it conspicuity, although it technically8 meets the words of -- it meets the definition of9 conspicuity. But really it was for a sight distance10 and a sight visibility for a person sitting inside the11 van, what they can actually see with a target size of12 what we ac

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LILLIAN ZACKY VS ELI ALBEK

Aug 26, 2024 |6/18/2022 |24SMCV00256

Case Number: 24SMCV00256 Hearing Date: August 26, 2024 Dept: I The court has reviewed the file in this matter. The court believes that it is not fully clear whether the court can vacate the judgment of another judge, at least if that other judge is still on the bench and hearing cases. In the instant matter, the judicial officer is Commissioner Davis, who remains on the bench and in the same assignment as she had when the judgment was issued. The court is aware that there is authority suggesting that any judicial officer can vacate a void judgment, which would suggest that this court does have the power to vacate the judgment in the small claims matter. But those cases were often where the jurisdictions were differenteither a Superior Court vacating a Municipal Court judgment (something that cannot happen after unification) or a judgment from another county. It also more often happens when the court is being asked to enforce a void judgment rather than vacate it. Here, the court is being asked to vacate a judgment of a sitting judicial officer of equal dignity in the same county. Even if this court does have the power to vacate the judgment, the court believes that, in the exercise of its discretion, it ought not to do so if the same remedy can be sought before the judicial officer that issued the judgment. Therefore, plaintiff must bring a motion to vacate the judgment before Commissioner Davis. The court is aware that plaintiffs counsel claims to have tried to file a motion vacating the judgment in the department that issued the judgment but was rebuffed. The court suggests that plaintiff try again and make sure that the motion is in proper form. The court is confident that if filed in proper format, the pleading will be received and at least forwarded to Commissioner Davis. If, for some reason, Commissioner Davis elects not to consider the matter, then plaintiff may press the action in this court. If Commissioner Davis does hear the matter, this court is unlikely to second-guess her decision because it would seem that plaintiffs remedy would be in the Court of Appeal. (The court notes that it is not being asked to enforce the judgment, nor will the judgment be enforced. According to defendants, the judgment has been fully satisfied.) The court has reviewed the merits a bit given the nature of the motion to dismiss. In other words, if the judgment is plainly not void, then the court would absolutely lack the power to overturn it and the motion to dismiss would be granted based on principles of res judicata, which would make things easy. To be more precise about the res judicata, while the original complaint had a number of causes of action that could not be adjudicated in the small claims court, all of those causes of action fail on their face if the small claims judgment stands. For example, it is not elder abuse to bring a successful lawsuit against an elderly party. Therefore, as long as the small claims judgment remains on the books, those causes of action are doomed to fail because doctrines of res judicata and collateral estoppel would bar them all. The amended complaint, in contrast, merely seeks to vacate the small claims judgment, but as stated before, this court believes that matter should be brought, if possible, to the judge who issued the judgment. As to the merits of the motion to dismiss, there is at least a plausible opposition. The court did not see a proof of service in the file showing service of the small claims action on plaintiff here. A judgment is void if there was never any service on the defendant and if that is plain from the judgment roll alone. Such appears to be the case here at first blush. But having said that, the court is unaware of the trial record. That problem might well have been cured at trial if defendant here (plaintiff there) submitted a proof of service at trial. While such a proof of service does not appear in the file, that could be more in the nature of a clerical error than a truly substantive one (which is why this is better decided by the court issuing the judgment). If the judgment is not void based on a lack of service apparent from the judgment roll, then the issue is whether there is extrinsic fraud. The court makes no comment on that issue other than to say that, again, the court issuing the judgment would be in the better position to make that determination. The court believes that the best avenue, therefore, is to STAY the instant matter. True, the court could construe the motion to dismiss as a demurrer, sustain the demurrer with leave to amend, allow the other causes of action to return, then sustain the demurrer based on the small claims judgment. It just seems like a lot of paperwork that is really needless. Rather, the court believes that the right thing to do is keep the instant case on ice and let plaintiff attempt to vacate the judgment with the court that rendered the judgment. If such a motion is brought and granted, then this court can move on from there. If the motion is brought and denied, then the likely outcome will be to dismiss the instant action. As stated above, the court believes that if a motion to vacate is brought in proper form in the proper court it will be accepted for filing by the clerk and considered by Commissioner Davis. That does not mean it will be granted, and it must be in proper form as allowed by the Code of Civil Procedure. And the court is making no comment as to whether such a motion is procedurally barred for one reason or another (which would be something Commissioner Davis would decide). The court is merely saying that the issuing court is the better court to make those determinations. Once there is a determination there, the court here will better know what to do. Accordingly, this case is STAYED. The motion to compel is similarly STAYED. The court will set a status conference and discuss the date with counsel.

Ruling

ELIZONDO, AARON vs KCB VENTURES INC a)

Aug 29, 2024 |CV-21-001167

CV-21-001167 – ELIZONDO, AARON vs KCB VENTURES INC – a) Plaintiff’s Motion to Compel Defendant, KCB Ventures, Inc’s Responses to Request for Production, Set Nos. Two and Three; Request for Monetary Sanctions in the amount of $2,250.00 – GRANTED; b) Plaintiff’s Motion to Compel Defendant, Adcomm, Inc’s Responses to Requests for Production, Set Nos. Two and Three; Request for Monetary Sanctions in the amount of $2,250.00 – GRANTED.(a) The Court finds that Defendant KCB Ventures Inc. failed to timely respond to Plaintiff’s Request for Production propounded on November 21, 2022, and January 10, 2023, in spite of indications that said responses would be forthcoming.The Court accordingly finds that Defendant has waived all objections to said discovery including those based on work product and privilege. Civ. Proc. Code § 2031.300 (a) and (b)).Defendant is therefore ordered to provide code-compliant, objection-free responses to said discovery within fourteen (14) days of the date of service of this order.The Court also finds that said failure to respond is without substantial justification. The Court finds that Plaintiff is entitled to monetary sanctions of $100.00 for attorney’s fees reasonably incurred in bringing this motion. Said sanctions are payable to Plaintiff’s Counsel within ten (10) days of the date of this order. (Civ Proc. Code §§2031.300(c); 2023, 010 (h); CA ST CIVIL RULES Rule 3.1348 (a)).(b) The Court finds that Defendant ADCOMM Inc. failed to timely respond to Plaintiff’s Request for Production propounded on November 21, 2022, and January 10, 2023, in spite of indications that said responses would be forthcoming.The Court accordingly finds that Defendant has waived all objections to said discovery including those based on work product and privilege. Civ. Proc. Code § 2031.300 (a) and (b)).Defendant is therefore ordered to provide code-compliant, objection-free responses to said discovery within fourteen (14) days of the date of service of this order.The Court also finds that said failure to respond is without substantial justification and accordingly finds that Plaintiff is entitled to monetary sanctions of $1000.00 for attorney’s fees reasonably incurred in bringing this motion. Said sanctions are payable to Plaintiff’s Counsel within ten (10) days of the date of this order. (Civ Proc. Code §§2031.300(c), 2023, 010 (h); CA ST CIVIL RULES Rule 3.1348 (a)).

Ruling

GERARDO DIAZ, , ET AL. VS NEW CENTURY INVESTMENT, LLC

Aug 27, 2024 |23STCV01891

Case Number: 23STCV01891 Hearing Date: August 27, 2024 Dept: 11 The tentative is as follows: The Motion for Preliminary Approval set for hearing on August 27, 2024, must be continued for counsel to provide a settlement agreement which is properly formatted and filed. The Stipulation of Settlement filed with the Court on April 29, 2024 has a file formatting error such that any copying of the document via "copy-paste" function results in illegible material. In addition, the text is not searchable. All documents electronically filed must comply with the Rules of Court, including 2.256(b)(3) which specifies: "The document must be text searchable when technologically feasible without impairment of the document's image." The same search functionality is required by this Court's First Amended General Order re electronic filing, filed May 3, 2019. Counsel is to provide a properly formatted, fully text searchable settlement agreement before the Court can proceed with preliminary approval. The continued hearing date is ________ at ____ a.m. with updated/corrected papers filed no later than ______.

Ruling

ROSALES, GEETANGALY PRASAD vs TURLOCK UNIFIED SCHOOL DISTRICT

Aug 27, 2024 |CV-23-003274

CV-23-003274 – ROSALES, GEETANGALY PRASAD vs TURLOCK UNIFIED SCHOOL DISTRICT – Defendant’s Demurrer to the Second Amended Complaint – OVERRULED.Defendant's Demurrer to the Second Amended Complaint for Damages is OVERRULED. Preliminarily, Defendant’s reply brief’s table of contents and table of cases appear unrelated to this case.“[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) The Court treats the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. (Serrano v. Priest (1971) 5 Cal.3d 584, 591.)Defendant’s primary argument is that Government Code § 831.7 grants them immunity as a matter of law.Section 831.7 grants immunity when a participant is involved in a “hazardous recreational activity” which includes “[w]ater contact activities.” Perry v. East Bay Regional Park Dist. (2006) 141 Cal.App.4th 1 holds (probably in dicta) that swimming without a lifeguard is in fact definitionally a hazardous recreational activity under the code.Nonetheless, the district may have an obligation to its students – probably even its trespassing students – under Constantinescu v. Conejo Valley Unified School District, (1993) 16 Cal.App.4th 1466. It cites with approval the California Law Revision Committee’s statement that “where it is reasonably foreseeable that persons to whom a lower standard of care is applicable – such as children – may be exposed to a substantial risk of injury from the property, the public entity should be required to take reasonable precautions,” offering an example: “Thus, a public entity may be expected to fence a swimming pool[.]”Here, there was fencing, but the question of the adequacy of the fencing is addressed in the Second Amended Complaint. It also alleges that a school function, a football game was in progress. These allegations defeat the demurrer. Defendant is ordered to file an answer within 15 days of this ruling.Defendant asserts that Bartell v. Palos Verdes Peninsula Sch. Dist. (1978) 83 Cal.App.3d 492 renders Plaintiff a trespasser ineligible to sue. But Bartell specifically uses the language that this exemption applies when the student is on the premises “apart from school-related activities and functions which require persons to be on school grounds.Defendant aptly cites to Bartell at 499-500: Even though a harm may be foreseeable, as under plaintiffs' pleadings it was here, a concomitant duty to forestall and prevent the harm does not automatically follow. (Internal Citations Omitted.) Rather, the question is whether the risk of harm is sufficiently high and the amount of activity needed to protect against harm sufficiently low to bring the duty into existence, a threshold issue of law which requires the court to consider such additional factors as the burdensomeness of the duty on defendant, the closeness of the relationship between defendant's conduct and plaintiff's injury, the moral blame attached to defendant's conduct and plaintiff's injury, and the prevention of future harm.Here, such an analysis is different than Bartell’s, which would have required a full lockdown. In this case, prevention would have involved having a person present or fixing known issues prior to the swimming accident. If there had not been a simultaneous event going on, Defendant would have been immune.Defendant cites to cases and asserts “The Courts are very clear that the duty of a school to its students ends after school hours unless it is a school sponsored athletic practice.” This is not at all clear to this particular Court. Consider a simple case where a drama club production is put on in the school auditorium after hours. The auditorium floor has some standing slick spot where a student – whether in or out of the club - trips and falls. It seems unlikely that this is exempted.This is a close case at the demurrer stage, but I find that Defendant is not facially exempted from liability based on Plaintiff’s pleadings. Defendant is to file an Answer within 15 days. The matter is set for Case Management Conference on November 18, 2024, at 2:00 p.m. in Department 21.

Ruling

HUGO MARTINEZ, AN INDIVIDUAL VS FITNESS INTERNATIONAL, LLC., A BUSINESS ENTITY

Aug 27, 2024 |24STCV06089

Case Number: 24STCV06089 Hearing Date: August 27, 2024 Dept: 61 HUGO MARTINEZ, AN INDIVIDUAL vs FITNESS INTERNATIONAL, LLC., A BUSINESS ENTITY TENTATIVE Defendant Fitness International, LLCs Motions to Compel Responses to Form and Special Interrogatories and Requests for Production, and to Deem Matters admitted against Plaintiff Hugo Martinez are GRANTED. Sanctions are awarded against Plaintiff in the amount of $1,990.00.Defendant to give notice. Raymond Ghermezians Motion to be Relieved as Counsel for Plaintiff Hugo Martinez is GRANTED, effective upon moving counsel filing with the court proof of service of a copy of the signed order amended to include the four motions to compel set for August 27, 2024 on the client, as set forth in Cal. Rules of Court Rule 3.1362(e), as well as the notice of ruling as to those motions and the continuance date of the Case Management Conference. Mr. Ghermezian to give notice. I. MOTION TO COMPEL & DEEM ADMITTED A propounding party may demand a responding party to produce documents that are in their possession, custody or control. (Code Civ. Proc., § 2031.010.) A party may likewise conduct discovery by propounding interrogatories to another party to be answered under oath. (Code Civ. Proc. § 2030.010, subd. (a).) The responding party must respond to the production demand either by complying, by representing that the party lacks the ability to comply, or by objecting to the demand. (Code Civ. Proc., § 2031.210.) The responding party must respond to the interrogatories by answering or objecting. (Code Civ. Proc. § 2030.210, subd. (a).) If the responding party fails to serve timely responses, the propounding party may move for an order compelling responses to the production demand and interrogatories. (Code Civ. Proc., §§ 2030.290, 2031.300.) A party who fails to serve a timely response to interrogatories or a demand for inspection waives any objection to the demand. (Code Civ. Proc., §§ 2030.290, 2031.300.) Likewise, [a]ny party may obtain discovery . . . by a written request that any other party to the action admit the genuineness of specified documents, or the truth of specified matters of fact, opinion relating to fact, or application of law to fact. A request for admission may relate to a matter that is in controversy between the parties. (Code Civ. Proc., § 2033.010.) If a party fails to serve a timely response to requests for admissions, [t]he requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction (Code Civ. Proc., § 2033.280 subd. (b).) Defendant Fitness International, LLC (Defendant) propounded interrogatories, requests for production, and requests for admission upon Plaintiff Hugo Martinez (Plaintiff) on April 11, 2024. (Meikle Decl. ¶ 3.) Plaintiff failed to serve responses by the due date, and has still not presented responses despite attempts to meet and confer. (Meikle Decl. ¶¶ 36.) No opposition to the motions has been filed. Defendant has shown that discovery was propounded upon Plaintiff, and no responses were served. Thus the motions to compel and deem admitted are GRANTED.II. SANCTIONS The prevailing party on a motion to compel is generally entitled to monetary sanctions, unless the court finds that the one subject to the sanction acted with substantial justification or that other circ*mstances make the imposition of the sanction unjust. (Code Civ. Proc. §§ 2030.290, 2031.300.) Sanctions are also mandatory against a party whose failure to serve responses to requests for admission makes the motion necessary. (Code Civ. Proc. § 2033.280, subd. (c).) Sanctions are awarded for the purpose to remedy the harm due to the noncompliance as well as to ensure future compliance. Here, Defendant seeks $810.00 in connection with each motion, for a total of $3,240.00, representing two hours of attorney work on each motion at a rate of $250 per hour, an hour to attend hearing on each motion, and a $60 filing fee for each motion. (Meikle Decl. ¶ 7.) As these motions are to be heard on the same date, three hours and $750 sought in connection with time attending the hearing are duplicative and non-compensable. Further, the court finds 1.5 hours per motion to be reasonable given the template used for each declaration. The motions are unopposed. Sanctions are thus awarded against Plaintiff in the amount of $1,990.00. III. MOTION TO BE RELIEVED AS COUNSEL The present motions pertain to attorney Raymond Ghermezian, counsel for Plaintiff Hugo Martinez. The declaration that Ghermezian provides with the motion states there have been irreconcilable differences of opinion between Plaintiff and counsel, leading to a breakdown of the attorney-client relationship. Ghermezian states certain significant issues surfaced related to the prosecution of this case, which to date remain unresolved. (Ghermezian Decl. at p. 1.) The motion includes a proof of service and a proposed order, albeit without listing the four motions to compel set for hearing August 27, 2024, which were filed before the present motion. No trial date has been set. This court previously heard this matter on August 9, 2024, and continued hearing on the motion until this court could hear the motions to compel and deem admitted filed against Plaintiff by Defendant. These motions are discussed above. Raymond Ghermezians Motion to be Relieved as Counsel for Plaintiff Hugo Martinez is GRANTED, effective upon moving counsel filing with the court proof of service of a copy of the signed order amended to include the four motions to compel set for August 27, 2024 on the client, as set forth in Cal. Rules of Court Rule 3.1362(e), as well as the notice of ruling as to those motions.

Ruling

Vincelli vs. Hartnell Self Storage, LLC

Aug 28, 2024 |23CV-0201409

VINCELLI VS. HARTNELL SELF STORAGE, LLCCase Number: 23CV-0201409Tentative Ruling on Order to Show Cause Re: Sanctions: An Order to Show Cause Re: Monetary Sanctionsissued on July 18, 2024 to Plaintiff Larry Dean Vincelli, in pro per, for failure to appear at the MandatorySettlement Conference on July 15, 2024, failure to timely file a Settlement Conference Statement, and failure totimely prosecute. Plaintiff filed a written response on August 16, 2024 that provides sufficient excuse for thenonappearance. The Order to Show Cause is DISCHARGED. No appearance is necessary on today’scalendar.****************************************************************************************** 9:00 a.m. – Review Hearings******************************************************************************************

Ruling

34-2022-00314140-CU-PO-GDS

Aug 28, 2024 |Unlimited Civil (Other Personal Injury/Propert...) |34-2022-00314140-CU-PO-GDS

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO34-2022-00314140-CU-PO-GDS: Heriberto Mosqueda vs. FedEx Ground Package System, Inc.08/29/2024 Hearing on Motion to Compel Further Responses to Request for Production of Documents from Jagdip Singh in Department 54Tentative RulingPlaintiffs Heriberto Mosqueda, Sr. and Gladis Paola Barrera’s (collectively, “Plaintiffs”) motionfor to compel Defendant Jagdip Sing (“Singh”) to provide further responses to Plaintiffs’Request for Production of Documents, Set Two, is ruled upon as follows.BackgroundThe Court refers the parties to its background discussion in the ruling on Plaintiffs’ motion tocompel as to FedEx on today’s calendar for the general background of this dispute. Specificallyas to Singh, the Court notes that the discovery set consisted of two requests for production ofdocuments (Request Nos. 49-50). At issue in this motion is Request No. 49, which soughtSingh’s phone records for the date of the incident.DiscussionThe Court again refers to its ruling on Plaintiffs’ motion to compel as to FedEx on today’scalendar regarding Singh’s arguments that Plaintiffs’ motion is mooted by Singh’s belatedservice of further responses and that Plaintiffs’ filed this motion too hastily before fully meetingand conferring. The Court’s analysis in that ruling applies equally here.A party may respond to a request for production of documents by any of the following: (1) astatement of compliance; (2) a representation of an inability to comply; or (3) an objection.(Code Civ. Proc. § 2031.210(a).)As set forth in Code of Civil Procedure section 2031.230, “A representation of inability tocomply with the particular demand for inspection, copying, testing, or sampling shall affirm thata diligent search and a reasonable inquiry has been made in an effort to comply with thatdemand. This statement shall also specify whether the inability to comply is because theparticular item or category has never existed, has been destroyed, has been lost, misplaced, orstolen, or has never been, or is no longer, in the possession, custody, or control of the respondingparty. The statement shall set forth the name and address of any natural person or organizationknown or believed by that party to have possession, custody, or control of that item or categoryof item.”As noted above, Request No. 49 sought Singh’s cell phone records from the date of the incident.Singh responded, “Defendant is unable to comply with this request because no responsivedocuments are in his possession, custody, or control.” (Plaintiffs’ Separate Statement, p. 2:12-14.) This response fails to comply with Code of Civil Procedure section 2031.230, as it does notaffirm that a diligent search and reasonable inquiry was made, does not specify why or how Page 1 of 3 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO34-2022-00314140-CU-PO-GDS: Heriberto Mosqueda vs. FedEx Ground Package System, Inc.08/29/2024 Hearing on Motion to Compel Further Responses to Request for Production of Documents from Jagdip Singh in Department 54Singh does not possess responsive documents, and does not identify any person or organizationknown or believed to have the documents. Accordingly, Plaintiffs’ motion is GRANTED.DispositionPlaintiffs’ motion to compel further responses is GRANTED. Singh has already served furtherresponses, so the Court will not order the responses be re-served. However, the Court expressesno opinion as to the sufficiency of the further responses.Plaintiffs also request monetary sanctions in the amount of $985, representing one hour ofattorney time at $750 per hour, one hour of paralegal time at $175 per hour, and the $60 filingfee for this motion. The Court finds the amount requested reasonable. Thus, Plaintiffs’ requestfor sanctions is GRANTED. Sanctions are imposed against Singh and his counsel jointly andseverally. Sanctions shall be paid by no later than September 20, 2024, and if not paid by thatdate, Plaintiffs may prepare for the Court’s signature a formal order granting the sanctions,which may then be enforced as a separate judgment. (Newland v. Superior Court (1995) 40Cal.App.4th 608, 615.)This minute order is effective immediately. No formal order or other notice is required. (CodeCiv. Proc. § 1019.5; Cal. Rules of Court, rule 3.1312.)NOTICE:Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on thiscalendar must comply with the following procedure:To request limited oral argument, on any matter on this calendar, you must call the Law andMotion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before thehearing and advise opposing counsel. At the time of requesting oral argument, the requestingparty shall leave a voice mail message: a) identifying themselves as the party requesting oralargument; b) indicating the specific matter/motion for which they are requesting oral argument;and c) confirming that it has notified the opposing party of its intention to appear and thatopposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If norequest for oral argument is made, the tentative ruling becomes the final order of the Court.Unless ordered to appear in person by the Court, parties may appear remotely eithertelephonically or by video conference via the Zoom video/audio conference platform with noticeto the Court and all other parties in accordance with Code of Civil Procedure §367.75. Althoughremote participation is not required, the Court will presume all parties are appearing remotely for Page 2 of 3 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO34-2022-00314140-CU-PO-GDS: Heriberto Mosqueda vs. FedEx Ground Package System, Inc.08/29/2024 Hearing on Motion to Compel Further Responses to Request for Production of Documents from Jagdip Singh in Department 54non-evidentiary civil hearings. The Department 53/54 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept53.54 and the Zoom Meeting ID is 161 4650 6749. To appear onZoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NOCOURTCALL APPEARANCES WILL BE ACCEPTED.Parties requesting services of a court reporter will need to arrange for private court reporterservices at their own expense, pursuant to Government code §68086 and California Rules ofCourt, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy forOfficial Reporter Pro Tempore available on the Sacramento Superior Court website athttps://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court-Approved Official Reporters Pro Tempore by utilizing the list of Court Approved OfficialReporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-13.pdf.A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to besigned by each party, the private court reporter, and the Judge prior to the hearing, if not using areporter from the Court’s Approved Official Reporter Pro Tempore list.Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiverand requests a court reporter, the party must submit a Request for Court Reporter by a Party witha Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearingor at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerkwill forward the form to the Court Reporter’s Office and an official reporter will be provided. Page 3 of 3

Ruling

Christopher Neimier vs Merced Police Department

Aug 29, 2024 |24CV-00211

24CV-00211 Christopher Neimier v. Merced Police DepartmentOrder to Show Cause re SanctionsAppearance required. Parties who wish to appear remotely must contact the clerk of thecourt at (209) 725-4111 to seek permission and arrange for a remote appearance. Appearto address the failure to appear at the July 22, 2024, Case Management Conference.

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