District Appellate Supreme
Federal
California Northern District Court Court of Appeals for the Ninth Circuit United States Supreme Court

Tomomi Umeda, et al v. Tesla, Inc.

Appeal Court of Appeals for the Ninth Circuit, Case No. 21-15286
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Last Updated January 3, 2022 at 11:04 PM EST (3 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Miyu Umeda, An Individual, And Successor-in-interest, Plaintiff - Appellant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Edward Chen echen@yklaw.us

Represented by Law Offices of Edward C. Chen

Name Phone Fax E-Mail
Space Edward C Chen +1 949 287 4278 +1 949 287 4278 Edward.Chen@edchenlaw.com

Represented by yklaw.us Law Firm Placeholder

Name Phone Fax E-Mail
Space Vahe Khojayan +1 213 401 0970 vkhojayan@yklaw.us
No Logo Tomomi Umeda, An Individual, And As Successor-in-interest To Yoshihiro Umeda, Deceased., Plaintiff - Appellant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Vahe Khojayan +1 213 401 0970 vkhojayan@yklaw.us

Represented by Law Offices of Edward C. Chen

Name Phone Fax E-Mail
Space Edward C Chen +1 949 287 4278 +1 949 287 4278 Edward.Chen@edchenlaw.com

Represented by yklaw.us Law Firm Placeholder

Name Phone Fax E-Mail
Space Edward Chen echen@yklaw.us
v.
Tesla, Inc. Tesla, Inc., Defendant - Appellee

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Robert Allen Brundage +1 408 279 5393 +1 408 279 5845 Robert.Brundage@bowmanandbrooke.com
Space Vincent Galvin +1 408 279 5393 vincent.galvin@bowmanandbrooke.com
Space Jennifer Tolkan Persky +1 310 768 3068 +1 310 719 1019 jennifer.persky@bowmanandbrooke.com

Represented by Bowman and Brooke LLP

Name Phone Fax E-Mail
Space Robert Allen Brundage +1 408 279 5393 +1 408 279 5845 Robert.Brundage@bowmanandbrooke.com
Space Mike H Madokoro +1 310 768 3068 +1 310 719 1019 mike.madokoro@bowmanandbrooke.com
Space Jennifer Tolkan Persky +1 310 768 3068 +1 310 719 1019 jennifer.persky@bowmanandbrooke.com
Attributes
Nature of Suit 4365 - Personal Injury: Product Liability
Case Type civil
Lower Court Case https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?caseNumber=5:20-cv-02926-SVK
Timeline
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Legal Document 009033177765 Filed: 1/3/2022, Entered: None ?
FILED MEMORANDUM DISPOSITION (MARSHA S. BERZON, CARLOS T. BEA and JACQUELINE H. NGUYEN) AFFIRMED. FILED AND ENTERED JUDGMENT. [12328591] (AKM)
LREF
Blank  Filed: 12/9/2021, Entered: None ?
Added Attorney(s) Vahe Khojayan for party(s) Appellant Miyu Umeda Appellant Tomomi Umeda, in case 21-15286. [12311782] (NAC)
LREF
Blank  Filed: 12/9/2021, Entered: None ?
Filed (ECF) notice of appearance of Vahe Van Khojayan (YK Law, LLP, 445 S. Figueroa Street, Ste 2280, Los Angeles, CA 90071) for Appellants Miyu Umeda and Tomomi Umeda. Date of service: 12/09/2021. (Party was previously proceeding with counsel.) [12311779] [21-15286] (Khojayan, Vahe)
LREF
Legal Document (Payment Possibly Required) 009033137638 Filed: 12/7/2021, Entered: None ?
Filed Audio recording of oral argument.
Note: Video recordings of public argument calendars are available on the Court's website, at http://www.ca9.uscourts.gov/media/
[12310002] (DR)
Request RequestSpace LREF
Blank  Filed: 12/7/2021, Entered: None ?
ARGUED AND SUBMITTED TO MARSHA S. BERZON, CARLOS T. BEA and JACQUELINE H. NGUYEN. [12308533] (JMR)
LREF
Blank  Filed: 12/6/2021, Entered: None ?
Attorney Vahe Khojayan in 21-15286 substituted by Attorney Edward Chen in 21-15286 [12306754] (NAC)
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Blank  Filed: 12/6/2021, Entered: None ?
Filed (ECF) notice of appearance of Edward Chen (Law Offices of Edward C. Chen, 1 Park Plaza, Suite 600, Irvine, CA 92614) for Appellants Tomomi Umeda and Miyu Umeda. Substitution for Attorney Vahe Khojayan for Appellants Miyu Umeda and Tomomi Umeda. Date of service: 12/06/2021. (Party was previously proceeding with counsel.) [12306745] [21-15286] (Chen, Edward)
LREF
Blank  Filed: 12/6/2021, Entered: None ?
Filed (ECF) Acknowledgment of hearing notice by Attorney Vahe Khojayan for Appellants Miyu Umeda and Tomomi Umeda. Hearing in Pasadena on 12/07/2021 at 09:00 A.M. (Courtroom: Courtroom 3). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: Not an option for this hearing. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 12/06/2021. [12306337] [21-15286] (Khojayan, Vahe)
LREF
Blank  Filed: 12/6/2021, Entered: None ?
Attorney Edward Chen in 21-15286 substituted by Attorney Vahe Khojayan in 21-15286 [12305944] (NAC)
LREF
Blank  Filed: 12/3/2021, Entered: None ?
Filed (ECF) notice of appearance of Vahe Van Khojayan (YK Law, LLP, 445 S. Figueroa Street, Ste 2280, Los Angeles, CA 90071) for Appellants Miyu Umeda and Tomomi Umeda. Substitution for Attorney Edward Chen for Appellants Miyu Umeda and Tomomi Umeda. Date of service: 12/03/2021. (Party was previously proceeding with counsel.) [12305645] [21-15286] (Khojayan, Vahe)
LREF
Blank  Filed: 11/30/2021, Entered: None ?
Notice of Oral Argument on Tuesday, December 7, 2021 - 09:30 A.M. - Courtroom 3 - Scheduled Location: Pasadena CA.
The hearing time is the local time zone at the scheduled hearing location.

View the Oral Argument Calendar for your case here.

NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Check here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance.

Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so.

Be sure to review the GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).

If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Tuesday, December 7, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12301633]. [21-15286] (KS)
LREF
Blank  Filed: 11/16/2021, Entered: None ?
Filed (ECF) Acknowledgment of hearing notice by Attorney Robert Allen Brundage for Appellee Tesla, Inc.. Hearing in Pasadena on 12/07/2021 at 09:00 A.M. (Courtroom: Courtroom 3). Filer sharing argument time: No. (Argument minutes: 15) Appearance in person or by video: Not an option for this hearing. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 11/16/2021. [12288410] [21-15286] (Brundage, Robert)
LREF
Blank  Filed: 9/27/2021, Entered: None ?
Added Attorney(s) Mike H. Madokoro for party(s) Appellee Tesla, Inc., in case 21-15286. [12240430] (RR)
LREF
Blank  Filed: 9/27/2021, Entered: None ?
Added Attorney(s) Mike H. Madokoro for party(s) Appellee Tesla, Inc., in case 21-15286. [12240430] (RR)
LREF
Blank  Filed: 9/27/2021, Entered: None ?
Filed (ECF) notice of appearance of Mike H. Madokoro (Bowman and Brooke LLP, 970 W. 190th Street, Suite 700, Torrance, CA 90502) for Appellee Tesla, Inc.. Date of service: 09/27/2021. (Party was previously proceeding with counsel.) [12240073] [21-15286] (Madokoro, Mike)
LREF
Blank  Filed: 9/26/2021, Entered: None ?
Notice of Oral Argument on Tuesday, December 7, 2021 - 09:00 A.M. - Courtroom 3 - Scheduled Location: Pasadena CA.
The hearing time is the local time zone at the scheduled hearing location.

View the Oral Argument Calendar for your case here.

NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Check here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance.

Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so.

Be sure to review the GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).

If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Tuesday, December 7, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12239050]. [21-15286] (KS)
LREF
Blank  Filed: 9/23/2021, Entered: None ?
Received 6 paper copies of Reply Brief [31] filed by Miyu Umeda and Tomomi Umeda. (sent to panel) [12237309] (SD)
LREF
Legal Document (Payment Possibly Required) 009032974296 Filed: 9/20/2021, Entered: None ?
Filed clerk order: The reply brief [31] submitted by Miyu Umeda and Tomomi Umeda is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk. [12232750] (SML)
Request RequestSpace LREF
Legal Document 009032973639 Filed: 9/17/2021, Entered: None ?
Submitted (ECF) Reply Brief for review. Submitted by Appellants Miyu Umeda and Tomomi Umeda. Date of service: 09/17/2021. [12232457] [21-15286] (Chen, Edward)
LREF
Legal Document (Payment Possibly Required) 009032906784 Filed: 8/13/2021, Entered: None ?
Filed (ECF) Attorney Edward Chen for Appellants Miyu Umeda and Tomomi Umeda response to notice for case being considered for oral argument. Date of service: 08/13/2021. [12201588] [21-15286] (Chen, Edward)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 009032903613 Filed: 8/12/2021, Entered: None ?
Filed (ECF) Attorney Robert Allen Brundage for Appellee Tesla, Inc. response to notice for case being considered for oral argument. Date of service: 08/12/2021. [12200190] [21-15286] (Brundage, Robert)
Request RequestSpace LREF
Blank  Filed: 8/10/2021, Entered: None ?
This case is being considered for an upcoming oral argument calendar in San Francisco

Please review the San Francisco sitting dates for December 2021 and the 2 subsequent sitting months in that location at http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on any of the dates, please file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions carefully.

When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.

If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice, using CM/ECF (Type of Document: Correspondence to Court; Subject: request for mediation).[12196770]. [21-15286] (KS)
LREF
Blank  Filed: 8/3/2021, Entered: None ?
Received 6 paper copies of Answering Brief [23] filed by Tesla, Inc.. [12191107] (SD)
LREF
Blank  Filed: 8/2/2021, Entered: None ?
Streamlined request [25] by Appellants Miyu Umeda and Tomomi Umeda to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 09/17/2021. [12189944] (JN)
LREF
Blank  Filed: 8/2/2021, Entered: None ?
Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Miyu Umeda and Tomomi Umeda. New requested due date is 09/17/2021. [12189881] [21-15286] (Chen, Edward)
LREF
Legal Document (Payment Possibly Required) 009032876870 Filed: 7/30/2021, Entered: None ?
Filed clerk order: The answering brief [23] submitted by Tesla, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be submitted to the principal office of the Clerk. [12187543] (KWG)
Request RequestSpace LREF
Legal Document 009032873802 Filed: 7/28/2021, Entered: None ?
Submitted (ECF) Answering Brief for review. Submitted by Appellee Tesla, Inc.. Date of service: 07/28/2021. [12186168] [21-15286] (Brundage, Robert)
LREF
Blank  Filed: 6/22/2021, Entered: None ?
Streamlined request [20] by Appellee Tesla, Inc. to extend time to file the brief is approved. Amended briefing schedule: Appellee Tesla, Inc. answering brief due 07/28/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [12150252] (JN)
LREF
Blank  Filed: 6/21/2021, Entered: None ?
Added Attorney Jennifer Tolkan Persky for Appellee Tesla, Inc., in case 21-15286. [12149887] (HH)
LREF
Blank  Filed: 6/21/2021, Entered: None ?
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Tesla, Inc.. New requested due date is 07/28/2021. [12149878] [21-15286] (Brundage, Robert)
LREF
Blank  Filed: 6/21/2021, Entered: None ?
Filed (ECF) notice of appearance of Jennifer Tolkan Persky (Bowman and Brooke LLP, 970 West 190th Street, Suite 700, Torrance, CA 90502) for Appellee Tesla, Inc.. Date of service: 06/21/2021. (Party was previously proceeding with counsel.) [12149833] [21-15286] (Persky, Jennifer)
LREF
Blank  Filed: 6/17/2021, Entered: None ?
Added Attorney(s) Robert Allen Brundage for party(s) Appellee Tesla, Inc., in case 21-15286. [12147313] (NAC)
LREF
Blank  Filed: 6/17/2021, Entered: None ?
Filed (ECF) notice of appearance of Robert Allen Brundage (Morgan, Lewis & Bockius LLP, One Market, Spear Street Tower, San Francisco, CA 94105) for Appellee Tesla, Inc.. Date of service: 06/17/2021. (Party was previously proceeding with counsel.) [12147296] [21-15286] (Brundage, Robert)
LREF
Blank  Filed: 6/17/2021, Entered: None ?
Received 3 paper copies of excerpts of record [7] in 3 volume(s) and index volume filed by Appellants Miyu Umeda and Tomomi Umeda. [12147285] (KWG)
LREF
Blank  Filed: 6/17/2021, Entered: None ?
Received correction to deficient excerpts of record [7] from Appellants Miyu Umeda and Tomomi Umeda: properly bound replacement copies. [12147277] (KWG)
LREF
Blank  Filed: 6/17/2021, Entered: None ?
Notice of Appearance (ECF Filing) [13] is rejected. Filer is not permitted to file on behalf of another attorney. Each attorney must file their own notice of appearance. [12147249] (NAC)
LREF
Blank  Filed: 6/17/2021, Entered: None ?
Filed (ECF) notice of appearance of Robert Allen Brundage (Morgan, Lewis & Bockius LLP, One Market, Spear Street Tower, San Francisco CA 94105) for Appellee Tesla, Inc.. Date of service: 06/17/2021. (Party was previously proceeding with counsel.) [12147245] [21-15286] (Banks, Christopher)
LREF
Legal Document (Payment Possibly Required) 009032782551 Filed: 6/15/2021, Entered: None ?
Received Appellants Miyu Umeda and Tomomi Umeda 3 paper copies of excerpts of record [7] in 3 volume(s) and index volume. Deficiency: multiple volumes bound together. Corrections required (see attached notice). [12144160] (KWG)
Request RequestSpace LREF
Blank  Filed: 6/14/2021, Entered: None ?
Received 6 additional paper copies of Opening Brief [6] filed by Miyu Umeda and Tomomi Umeda. [12143771] (SD)
LREF
Legal Document (Payment Possibly Required) 009032776663 Filed: 6/10/2021, Entered: None ?
Received Appellants Miyu Umeda and Tomomi Umeda 3 paper copies of excerpts of record [7] in 3 volumes and index volume (all volumes bound together). Deficiency: multiple volumes bound together. Corrections required (see attached notice). [12141590] (LA)
Request RequestSpace LREF
Blank  Filed: 6/10/2021, Entered: None ?
Received 6 paper copies of Opening Brief [6] filed by Miyu Umeda and Tomomi Umeda. [12141135] (SD)
LREF
Legal Document (Payment Possibly Required) 009032757205 Filed: 6/3/2021, Entered: None ?
Filed clerk order: The opening brief [6] submitted by Miyu Umeda and Tomomi Umeda is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [7] submitted by Miyu Umeda and Tomomi Umeda are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12132320] (SML)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 009032746954 Filed: 5/27/2021, Entered: None ?
Submitted (ECF) excerpts of record. Submitted by Appellants Miyu Umeda and Tomomi Umeda. Date of service: 05/27/2021. [12127639] [21-15286]--[COURT UPDATE: Attached corrected Volume 2. 06/03/2021 by SML] (Chen, Edward)
Request RequestSpace LREF
Legal Document 009032746951 Filed: 5/27/2021, Entered: None ?
Submitted (ECF) Opening Brief for review. Submitted by Appellants Miyu Umeda and Tomomi Umeda. Date of service: 05/27/2021. [12127638] [21-15286] (Chen, Edward)
LREF
Legal Document (Payment Possibly Required) 009032635284 Filed: 4/15/2021, Entered: None ?
MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [12076193] (BLS)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 009032527565 Filed: 3/3/2021, Entered: None ?
MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 04/14/2021, 11:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12022925] (BLS)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 009032518269 Filed: 2/26/2021, Entered: None ?
Filed (ECF) Appellants Miyu Umeda and Tomomi Umeda Mediation Questionnaire. Date of service: 02/26/2021. [12018800] [21-15286] (Chen, Edward)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 009032494528 Filed: 2/18/2021, Entered: None ?
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Miyu Umeda and Tomomi Umeda Mediation Questionnaire due on 02/25/2021. Transcript ordered by 03/18/2021. Transcript due 04/19/2021. Appellants Miyu Umeda and Tomomi Umeda opening brief due 05/27/2021. Appellee Tesla, Inc. answering brief due 06/28/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12008469] (RT)
Request RequestSpace LREF

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