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CHARLES LI v. DEMAS YAN

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Filed 10/18/19 Li v. Yan CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

CHARLES LI,

Plaintiff and Respondent,

v.

DEMAS YAN,

Defendant and Appellant.

A155731

(City & County of San Francisco

Super. Ct. No. CGC14537574)

Demas Yan appeals from a post-judgment order appointing a receiver. We will dismiss the appeal.

FACTUAL BACKGROUND

We draw much of the background facts of this case from our prior appellate decision, and briefly set out these facts for context only. (See Pacific Gas & Electric Co. v. City and County of San Francisco (2012) 206 Cal.App.4th 897, 907, fn. 10; Stephenson v. Drever (1997) 16 Cal.4th 1167, 1170, fn. 1.)

Yan entered into an agreement in 2000 with Tony Fu to develop a residential building on 23rd Avenue in San Francisco (hereafter “the property”). Fu assigned his ownership interest in the property to Charles Li. Li sued Yan in 2004 to enforce his rights under the assignment and also filed a claim against Yan in Yan’s bankruptcy proceedings. When Yan disputed the validity of the assignment from Fu to Li, Li sued Fu alleging fraud. Yan, then a law student, convinced Li to dismiss his case against Yan and the bankruptcy claim so the two of them could join forces against Fu. After Li dismissed his case against Yan with prejudice and also the bankruptcy clam, Yan sued Li for malicious prosecution while still assisting Li in his action against Fu. In January 2009, after Yan was admitted to the California Bar, Li retained Yan to represent him in the suit against Fu. During a settlement conference, however, a mediator opined the assignment from Fu was enforceable against Yan, and Yan had undisclosed conflicts of interest in his representation of Li.

Li then hired a new attorney and sued Yan in March 2010 for professional negligence and related claims. Following a 2012 bench trial, Li prevailed and obtained a judgment against Yan. In 2016, the trial court entered a fourth amended judgment, awarding Li damages, prejudgment interest, attorney fees, costs, and post-judgment interest totaling $1,086,001.12. While trying to enforce that judgment, Li learned Yan transferred the property to a wholly owned limited liability company (LLC) in 2007. Then, in 2012, Yan transferred his ownership interest in that LLC to relatives, allegedly to repay debts. In late 2013 the property was transferred to a newly formed LLC with the same owners as the last.

In February 2014, Li brought an action against Yan, Yan’s parents and two brothers-in-law, and the two LLCs, seeking to set aside the transfers as fraudulent and alleging violations of Civil Code sections 3439.04 and 3439.05. Alleging the property conveyances between the defendants were done to prevent Li from satisfying the judgment from the 2010 case the complaint sought an order declaring them void to the extent necessary to satisfy that judgment, as well as an order enjoining the sale, encumbrance, damaging, impairing, or disposal of the property.

Default was entered against Yan and the LLCs. The remaining defendants (Yan’s relatives) proceeded to trial where a jury returned special verdicts against all of them, finding them liable for fraud. The trial court then entered default judgments against Yan and the two LLCs, and judgments against the remaining defendants. The court set aside the conveyances as fraudulent, and declared “[f]or the purpose of satisfying plaintiff’s Underlying Judgment, and for that purpose only, Demas Yan is . . . the sole owner of all legal and equitable title or interest in the Subject Property.” The judgment ordered all defendants to collect all rents, pay all reasonable expenses and taxes, and render an accounting upon Li’s request. The judgment enjoined all defendants from selling or transferring the property without a court order. The court awarded Li attorney fees in the amount of $802,059.50 and amended the judgment to incorporate it. Yan and the other defendants filed an appeal and, in an unpublished decision issued on May 31, 2018, this court ordered that the amended judgment be modified to provide that the attorney fee award was imposed solely against Yan. This court then affirmed the judgment in all other respects.

In June 2018, Li moved for an order appointing a receiver, the genesis of this appeal. The trial court granted this unopposed motion and appointed a receiver for the property on July 26, 2018. Among other things, the appointment order required all defendants to turn over possession of the property (including rents and property management funds) to the receiver, and enjoined all defendants from interfering in any manner with the discharge of the receiver’s duties, which included managing the property and its accounts and potentially selling the property.

On August 20, 2018, Yan filed a motion to set aside the order appointing a receiver pursuant to Code of Civil Procedure section 473, subdivision (d). While Yan did not include the complete motion in his appendix, his notice of motion (which is in his appendix) argued that the order was void “for lack of jurisdiction over the person of the defendant and/or for lack of due process.” Accompanying the motion was Yan’s declaration stating he became personally aware of the order appointing the receiver on August 1, 2018 after receiving an email from Li’s attorney purporting to be a notice of entry of order. He then reviewed the trial court’s docket, which showed that the notice of Li’s motion was served only on Albert Boasberg, who Yan claimed was not his attorney in this action and not authorized to be served on his behalf. Boasberg also filed a declaration stating that he was the attorney for defendants other than Yan, that Yan did not retain him for post-judgment proceedings in the action, and that he told Li’s attorney he was not representing any of the defendants post-judgment.

Li opposed Yan’s motion to set aside the appointment order, arguing Yan had no right to participate in post-judgment proceedings or to be served with Li’s motion because default was entered against Yan. Furthermore, Boasberg was listed as counsel of record for the defendants, and Li served Boasberg with both Li’s motion and the resulting order appointing a receiver. Li cited to supporting evidence which is not included in Yan’s appendix.

On October 15, 2018, the trial court denied Yan’s motion to set aside the order on three separate and independent grounds: “First, Mr. Yan is in default status now and was at the time the motion for appointment of receiver was filed, so he had no right to contest the appointment of a receiver. Second, Mr. Yan’s counsel of record, Mr. Boasberg, was served with all relevant papers on a timely basis. Third, Mr. Yan has failed to provide any grounds for opposing the appointment of a receiver.”

Yan filed a notice of appeal on October 17, 2018.

DISCUSSION

Li filed a motion to dismiss this appeal under the doctrine of disentitlement. Li argues dismissal is warranted because Yan refuses: (1) to pay sanctions that Division Two of this court imposed in a related appeal that it found to be frivolous (Li v. Yan (Jan. 28, 2016, A140798) [nonpub. opn.]), and to pay sanctions imposed by the trial court in 2013, 2015, and 2017; and (2) to abide by post-judgment discovery orders to produce his tax returns that have twice been affirmed by Division Two of this court. (Li v. Yan (2016) 247 Cal.App.4th 56; Li v. Yan (Jun. 27, 2018, A151549) [nonpub. opn.].)

We agree that Yan’s willful disobedience of the post-judgment discovery orders to produce his tax returns justifies dismissal of this appeal.

“An appellate court has the inherent power, under the ‘disentitlement doctrine,’ to dismiss an appeal by a party that refuses to comply with a lower court order. [Citations.] . . . ‘A party to an action cannot, with right or reason, ask the aid and assistance of a court in hearing his demands while he stands in an attitude of contempt to legal orders and processes of the courts of this state.’ ” (Stoltenberg v. Ampton Investments, Inc. (2013) 215 Cal.App.4th 1225, 1229–1230 (Stoltenberg).) The equitable rationale underlying the doctrine is as follows: “ ‘ “Dismissal is not ‘ “a penalty imposed as a punishment for criminal contempt. It is an exercise of a state court’s inherent power to use its processes to induce compliance” ’ with a presumptively valid order. [Citation.]” [Citation.] . . . [¶] Appellate disentitlement “is not a jurisdictional doctrine, but a discretionary tool that may be applied when the balance of the equitable concerns make it a proper sanction . . . .” [Citation.]’ [Citation.] No formal judgment of contempt is required; an appellate court ‘may dismiss an appeal where there has been willful disobedience or obstructive tactics.’ ” (Id. at p. 1230.)

Here, Li sets out the facts underlying Yan’s refusal to comply with orders to produce his tax returns and provides a declaration from counsel in support. These facts include that Li obtained a court order for Yan to produce his tax returns to aid Li in enforcing the judgment obtained in the 2010 case. After Division Two of this court affirmed the order to produce the tax returns in 2016, Yan continued to refuse to comply, leading Li to obtain an order to show cause why Yan should not be held in contempt. After the trial court discharged the order to show cause and gave Yan one last chance to comply, he still did not do so and instead filed yet another appeal challenging the order to produce his tax returns. In 2018, Division Two of this court again ordered Yan to comply, and to this date, Yan refuses to do so.

Yan does not deny he is willfully failing to produce his tax returns and he makes no attempt to justify his disobedience. His sole argument is that the doctrine of disentitlement is inapplicable because he has not violated any order in this particular underlying action, or frustrated the enforcement of the judgment or order appointing a receiver entered in the underlying action. Yan, however, presents no reasoned argument and cites no authority supporting these arguments. Case law establishes that application of the disentitlement doctrine “is not limited to cases in which the appellant is in violation of the order from which he or she appeals” (In re E.M. (2012) 204 Cal.App.4th 467, 477 (E.M.)), or to cases where the order being disobeyed was entered in the same case giving rise to the appeal. (Stoltenberg, supra, 215 Cal.App.4th at pp. 1232–1234.)

Yan also fails to acknowledge the 2014 case arises from the judgment obtained in the 2010 case and Yan’s efforts to frustrate enforcement of that judgment. We see no reason why the disentitlement doctrine should not apply under these facts. Essentially, Yan is asking for relief this case (which Li had to file in order to stop Yan from further frustrating efforts to enforce the judgment obtained in the 2010 case) while at the same time egregiously flouting the trial court’s orders (which we have twice affirmed) aimed at enforcing the judgment in the 2010 case. (E.M., supra, 204 Cal.App.4th at p. 477 [“the disentitlement doctrine is not only applicable to disobedience of the order being appealed; it also applies to ‘egregious’ conduct that frustrates the juvenile court from carrying out its orders”]; Stone v. Bach (1978) 80 Cal.App.3d 442, 444 [“ ‘[I]t would be a flagrant abuse of the principles of equity and of the due administration of justice to consider the demands of a party who becomes a voluntary actor before a court and seeks its aid while he stands in contempt of its legal orders and processes’ ”].)

Given the facts here, we conclude the balance of all equitable concerns justifies applying the disentitlement doctrine to this appeal. (Stoltenberg, supra, 215 Cal.App.4th at p. 1230 [the disentitlement doctrine “ ‘is based upon fundamental equity and is not to be frustrated by technicalities’ ”].)

DISPOSITION

The appeal is dismissed. Li shall be entitled to recover his costs on appeal.

_________________________

Fujisaki, Acting P. J.

WE CONCUR:

_________________________

Petrou, J.

_________________________

Wick, J.*


JIL BRITT v. DOUG BRITT

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Filed 10/18/19 Marriage of Britt CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

In re the Marriage of JIL BRITT and DOUG BRITT. H042734

(Santa Clara County

Super. Ct. No. FL147798)

JIL BRITT,

Appellant,

v.

DOUG BRITT,

Respondent.

Appellant Jil Britt challenges an order reducing spousal support and finding that there were no child or spousal support arrearages. She contends that the court erred in reducing spousal support because, among other things, it should not have found that she had the capacity to earn $5,000 a month in wages and $5,000 a month in investment income, neither of which she had ever earned in the past. She also claims that the trial court erred in finding that respondent Doug Britt had not incurred child support arrearages when, without obtaining a court order modifying child support, he ceased paying child support for each older child when that child graduated from high school. In addition, Jil argues that the court erred in failing to enter a new child support order for the youngest child. We find no abuse of discretion in connection with the child support issues, but we find that the court abused its discretion with respect to spousal support because there was no evidence to support the court’s earning capacity findings. Accordingly, we reverse the court’s order.

I. Background

Doug and Jil were married for more than 20 years and had three children together. During their marriage, Jil was “a full time mother and homemaker.” When the couple separated in 2008, all three of their children were minors, and Doug immediately began paying child and spousal support.

In July 2009, the parties stipulated to an order requiring Doug to pay base spousal support of $8,186 per month and base monthly child support of $7,453 for the three children. A “DissoMaster” printout attached to the order showed separate child support amounts for each child, with the largest amount attributed to “Child 3,” the youngest child The $7,453 figure was broken down to $1,491 for “Child 1,” the eldest child, $2,236 for “Child 2,” the middle child, and $3,727 for Child 3. Child 3 received 50 percent of the total, while Child 2 received 30 percent, and Child 1 received 20 percent. The 2009 order also required Doug to pay additional child and spousal support (referred to as Ostler/Smith payments ) when he had “bonus” income above his base salary. An attached chart set forth the applicable percentages of bonus income that he was required to pay, which were approximately 13 percent for additional child support and 28 percent for additional spousal support.

In 2010, the court entered a judgment that incorporated the provisions of the July 2009 order regarding spousal support and child support. The 2010 judgment provided: “The current amount of child support of $7,453 and the spousal support of $8,186 shall remain in effect until further order of court. It shall be subject to the conditions of the Stipulation of July 15, 2009 attached hereto.” By incorporating the July 2009 stipulated order, the 2010 judgment continued the Ostler/Smith provisions requiring Doug to pay “additional spousal support” and “additional child support” if he had “additional income.” The judgment also required Jil to pursue a “program of business administration concentrating in accounting” leading to an AA degree no later than November 2011 and provided for review of her spousal support at that time. The judgment provided that support was “modifiable retroactively . . . .” The parties stipulated as part of the judgment that Jil’s “Marital Standard of Living” (MSOL) would be “set at $13,100 per month after tax.”

Child 1 graduated from high school in June 2010. After that, Doug ceased paying the base child support and the Ostler/Smith amount associated with Child 1. Doug testified that he “was always under the impression . . . that when the kids are 18, they emancipate.” He adjusted the Ostler/Smith amount by utilizing the same percentages that applied to the base child support (50%/30%/20%).

Jil obtained an AA degree in “medical billing” in January 2012 and obtained full-time employment “[r]ight away.” In October 2012, her hours were cut to 30 hours a week.

Child 2 graduated from high school in June 2013. After that, Doug paid child support for only Child 3, which included both the base amount and the Ostler/Smith amount associated with Child 3. Jil and Doug shared custody of Child 3, with Doug having a 20 percent timeshare under the 2010 judgment.

In March 2013, Doug filed a request for modification of spousal and child support, termination of spousal support, and termination of the Ostler/Smith additional spousal support provision. The only change Doug sought to child support was a recognition that he was required to pay only amounts associated with Child 3 after Child 2 graduated from high school in June 2013. He pointed out that he was paying all of the college expenses for Child 1 and would do so for all three of the children. Doug’s request for a modification of spousal support was based on the fact that Jil had completed her “accountancy course” but “is still not self supporting.” He asked the court to “set a step down and termination date for ongoing spousal support to $7,000 per month commencing immediately and $5,000 per month in the next year and a reduction to zero when [Child 3] emancipates.” Doug sought immediate termination of the Ostler/Smith additional spousal support provisions.

Doug’s accompanying income and expense declaration stated that his gross monthly income was $41,666 and his monthly expenses were $21,875. After filing his motion, Doug continued paying the base spousal support amount but stopped sending Ostler/Smith additional spousal support payments to Jil; instead he placed those payments in a segregated bank account in case the court rejected his request to end those payments. Doug continued to pay child support and the Ostler/Smith additional child support payments for the children who had not yet graduated from high school.

Jil responded to Doug’s motion by asking the court to “determine and set child and spousal support arrears, [and] support payments unpaid under the existing Ostler/Smith orders.” She also asked the court to award her attorney’s fees and costs. Jil complained that Doug had “unilaterally lowered child support” to $5,961 in June 2010 after Child 1 graduated from high school even though the child support order stated that it would “remain in effect until further order of the court.” Jil asked the court to award “guideline [child] support.” She claimed that Doug had not complied with the existing Ostler/Smith provisions. Jil opposed Doug’s request for a reduction in spousal support and requested that the court “increase it to the MSOL . . . .” Jil’s April 2013 income and expense declaration asserted that her monthly gross wages were $2,851 and her monthly expenses were $14,045. She reported $1.5 million in liquid assets.

In a March 2014 income and expense declaration, Doug asserted that Jil received $6,219 a month in wages and investment income. He reported monthly expenses of $25,999. His September 2014 income and expense declaration reported a small increase in his base pay to $43,750 a month and additional income that averaged more than $50,000 a month. His monthly expenses had dropped to $18,017. Jil was laid off from her job in October 2014.

The case was tried in January 2015. Jil asserted at trial that “there’s not a substantial change of circumstances warranting a modification at all.” She claimed that she had “wisely invested her share of community property to produce income,” “retrained” and gotten a job, and “controlled her spending,” but she “will never be self supporting.” She asked the court to modify child support “based on” Doug’s request. Jil claimed that Doug owed child support arrears because the judgment did not allow him to unilaterally reduce child support based on an “unincorporated Dissomaster breakdown” of the amounts attributable to each child.

Doug produced evidence that Jil’s “investment income” was $3,357 per month in 2013, and her total income in 2013, including both investment income and income from employment, was $74,633. Doug’s expert had analyzed Jil’s claimed expenses and found them to be greatly overestimated. He concluded that her actual monthly expenses were $7,560. The expert calculated that Jil could meet those expenses with her wages from part-time work, her investment income, and approximately $3,830 in monthly spousal support.

Jil’s position was that her investment income was just under $1,000 a month. She claimed that her monthly expenses were $18,078. Jil testified that her average monthly expenses in 2013 were $23,558.87, and her expenses were similar throughout the period from 2010 to 2014. She claimed that she had needed to “invade” her “principal assets” in order to meet her monthly expenses. Jil testified that she was currently cohabiting with an unemployed man who did not contribute to household expenses except to pay for his food and for his children’s food when his children were there living with them, which was half of the time. She claimed that the presence of this man and his children did not increase her expenses. Jil insisted that she actually spent $3,500 a month on food and $3,000 a month on car expenses, just for herself. Jil’s mortgage payment was $1,800 a month for her $1.5 million home, and she had no other debts.

The court issued a statement of decision in which it credited Doug’s evidence and discredited Jil’s evidence. The court concluded that there were no child support arrearages. In its view, Doug had properly stopped paying child support for each older child when those children graduated from high school because the judgment’s “appendix” “clearly specifies the amounts and discretely raises the amounts for the younger children.” The court concluded that the child support order did not “trump” or “obviate[] what is the law of this state regarding child support,” which did not ordinarily obligate a parent to support a child after the child graduated from high school. With regard to spousal support, the court found that Jil had the capacity to earn $10,000 a month in income from wages and investments. It reduced spousal support to $5,000 a month effective on the date of Doug’s March 2013 motion and terminated Doug’s obligation to pay additional Ostler/Smith spousal support effective at the time of Doug’s motion. Jil timely filed a notice of appeal from the court’s order.

II. Discussion

A. Child Support

Jil raises two issues on appeal concerning child support. She contends that the trial court erred in ratifying Doug’s cessation of child support payments for Child 1 and Child 2 upon their graduations from high school. Jil also asserts that the trial court erred in failing to calculate a new child support amount for Child 3.

1. Cessation of Child Support for Child 1 and Child 2

Jil claims that Doug was in arrears for child support because he was not permitted to cease paying child support for Child 1 and Child 2 upon their graduations from high school. Her position is that the 2010 judgment required Doug to bring a motion to modify child support and obtain a new child support order each time a child graduated from high school.

Jil acknowledges that her contention requires us to interpret the 2010 judgment. “We examine a dispute concerning the legal effect of [a] judgment utilizing the following standards of review: ‘The meaning and effect of a judgment is determined according to the rules governing the interpretation of writings generally. [Citations.] “ ‘[T]he entire document is to be taken by its four corners and construed as a whole to effectuate the obvious intention.’ ” [Citations.] “ ‘No particular part or clause in the judgment is to be seized upon and given the power to destroy the remainder if such effect can be avoided.’ ” [Citations.] [¶] Where an ambiguity exists, the court may examine the entire record to determine the judgment’s scope and effect. [Citations.] The court may also “ ‘refer to the circumstances surrounding the making of the order or judgment, [and] to the condition of the cause in which it was entered.’ ” ’ ” (In re Marriage of Richardson (2002) 102 Cal.App.4th 941, 948-949 (Richardson).)

The 2010 judgment provided that “Child support is ordered as set forth in the attached” stipulation. The attached stipulation stated that the $7,453 child support amount was “subject to the conditions of” the July 2009 order and “shall remain in effect until further order of court.” The July 2009 order set the total child support amount at $7,453 and stated that the “amounts of support are guideline calculations as set forth in [the attached DissoMaster printout].” The DissoMaster printout identified a separate amount of “guideline” child support for each child. Because the incorporated printout set the child support for each child, the judgment’s incorporation of this printout meant that the judgment ordered a separate amount of child support for each child.

Jil isolates the language stating that the child support “shall remain in effect until further order of court” and insists that this meant that Doug was required to pay the total amount of child support for all three children, even if they graduated from high school, unless he obtained a “further order of court.” Her interpretation of the 2010 judgment ignores the fact that we must construe the judgment “ ‘ “ ‘as a whole to effectuate the obvious intention’ ” ’ ” and that “ ‘ “ ‘[n]o particular part or clause in the judgment is to be seized upon and given the power to destroy the remainder if such effect can be avoided.’ ” ’ ” (Richardson, supra, 102 Cal.App.4th at pp. 948-949.) We must “examine the entire record” and consider all of the surrounding circumstances in determining the meaning of the judgment. (Ibid.)

We decline Jil’s invitation to focus solely on the isolated “shall remain in effect” language in the judgment. That language was immediately followed by “shall be subject to the conditions of the Stipulation of July 15, 2009 attached hereto.” The 2009 stipulation, by incorporating the DissoMaster printout, set forth an individual amount of child support for each child. We also must construe the judgment in conjunction with the statutory basis for the child support award it contained. Family Code section 3901 provides: “The duty of support imposed by Section 3900 continues as to an unmarried child who has attained 18 years of age, is a full-time high school student, . . . and who is not self-supporting, until the time the child completes the 12th grade or attains 19 years of age, whichever occurs first. [¶] . . . This section does not limit a parent’s ability to agree to provide additional support or the court’s power to inquire whether an agreement to provide additional support has been made.” (Fam. Code, § 3901.) It is also a relevant consideration that Jil apparently understood the 2010 judgment the same way that Doug did at the time because she did not challenge his 2010 elimination of child support for Child 1 when she graduated from high school.

Neither the 2010 judgment nor the 2009 order contained anything suggesting that Doug had agreed to provide child support for any child after that child graduated from high school. By incorporating the DissoMaster printout, the July 2009 stipulation set forth different amounts for each child and explicitly provided that the parties to the stipulation were agreeing to “guideline amounts.” If Doug had been agreeing to pay a specific amount of child support regardless of whether all of the children were still subject to the provisions of Family Code section 3901, there would have been no need for a separate amount for each child nor would it make sense to refer to those amounts as “guideline amounts,” since the “guidelines” do not require child support beyond the dictates of Family Code section 3901. We interpret the 2010 judgment, as the trial court did, to require Doug to pay the separate “guideline” amount specified in the July 2009 stipulation for each child only for so long as that child remained subject to Family Code section 3901. The trial court did not err in finding that Doug’s elimination of child support for Child 1 and Child 2 after they graduated from high school was not a violation of the 2010 judgment.

2. No New Child Support Order

Jil claims that the trial court erred in failing to modify the existing child support order and calculate a new child support amount for Child 3. She notes that her responsive pleading requested “guideline support,” Doug’s motion mentioned child support, and Doug acknowledged at trial that “ongoing support” was at issue.

Doug’s motion did not seek any modification of child custody or visitation. While his motion had boxes checked for seeking a modification of child support, he sought only an acknowledgement that he was not required to pay child support for a child who had graduated from high school. Jil’s motion did not seek any modification of child custody, visitation, or support but only a determination of arrears and an award of attorney’s fees. Jil claimed at trial that the 20 percent timeshare upon which the judgment’s child support was based was invalid because Child 3 was actually spending 100 percent of his time with Jil. When Jil objected to the court’s statement of decision, she claimed that the court should have made income and timeshare “findings” and a ruling “on setting support” for the two children who were still minors when Doug filed his motion.

We reject Jil’s claim that the trial court was required to enter a new child support order in response to the motions that were before it. Neither motion challenged the 20 percent timeshare or sought a modification of child custody or visitation. A timeshare is a custody or visitation issue. The simple fact that Child 3 no longer actually spent 20 percent of his time with Doug did not obligate the court to modify a custody and visitation order that neither party had placed at issue. With no motion to modify the visitation order before it, the trial court did not err in failing to modify the timeshare and leaving the child support order incorporated into the 2010 judgment intact as to Child 3.

B. Spousal Support

1. Change of Circumstance

Jil claims that Doug failed to show that there had been a change of circumstance that justified a reduction of spousal support. Her claim lacks merit. At the time of the 2010 judgment, Jil had three minor children at home, was unemployed, and had not worked in nearly 20 years. The 2010 judgment required Jil to obtain an AA degree within 18 months and explicitly provided for a review of spousal support at that time. When Doug filed his motion in March 2013, three years had passed, Jil had obtained an AA degree, and she was soon to have only one minor child at home. She had obtained employment from which she had income, and she was also reaping some income from her investments. All of these changes of circumstance were relevant to Jil’s ability to provide for at least some of her own support, which could justify a reduction in spousal support. Doug did not fail to show a change of circumstance.

2. Jil’s Earning Capacity From Wages and Investments

Jil challenges the court’s findings that attributed earning capacity to her of $5,000 a month in wages and $5,000 a month in investment income. She claims that there was no evidence to support these figures.

“ ‘An award of spousal support is a determination to be made by the trial court in each case before it, based upon the facts and equities of that case, after weighing each of the circumstances and applicable statutory guidelines. [Citation.] In making its spousal support order, the trial court possesses broad discretion so as to fairly exercise the weighing process contemplated by section 4320, with the goal of accomplishing substantial justice for the parties in the case before it. “The issue of spousal support, including its purpose, is one which is truly personal to the parties.” [Citation.] In awarding spousal support, the court must consider the mandatory guidelines of section 4320. Once the court does so, the ultimate decision as to amount and duration of spousal support rests within its broad discretion and will not be reversed on appeal absent an abuse of that discretion. [Citation.] “Because trial courts have such broad discretion, appellate courts must act with cautious judicial restraint in reviewing these orders.” ’ ” (In re Marriage of McLain (2017) 7 Cal.App.5th 262, 269

“In ordering spousal support under this part, the court shall consider all of the following circumstances: [¶] (a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following: [¶] (1) The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment. [¶] (2) The extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties. [¶] . . . [¶] (l) The goal that the supported party shall be self-supporting within a reasonable period of time.” (Fam. Code, § 4320.)

The trial court was required to consider Jil’s “earning capacity” in determining whether to reduce spousal support in response to Doug’s motion. The trial court found that, if Jil “taps the interest on the [$1.5 million] Morgan Stanley account, the court finds that at a rate of 4% return, she could generate $5000 per month.” It also found that Jil had the capacity to earn “$5000 per month in income” from wages. It premised this finding on Jil’s “fail[ure] to pursue education/employment in a manner the court believes is reasonable . . . [and her capability] of earning this amount in an accounting job . . . .”

Jil argues that the trial court abused its discretion in finding that as of March 2013 she had the capacity to earn $5,000 a month in wages and $5,000 a month in investment income. She maintains that there was no evidence presented at trial that could support these figures, and the court “picked these figures out of thin air.” Jil’s argument has merit.

While the trial court could have reasonably found that Jil had the capacity to earn wages despite her unemployed state at the time of trial, the record does not contain any support for the $5,000 a month figure selected by the court. A vocational assessment, which was not in evidence, had determined that Jil should pursue an AA degree in accounting. Instead of doing so, Jil pursued an AA degree in medical billing without making any effort to learn that this field had limited job prospects and low pay. After she obtained a job in medical billing that paid poorly, she did not seek a job that paid better or seek to develop additional skills even after her hours were cut from full time to part time. Jil’s actions as a whole showed that she was not committed to becoming even partially self-sufficient.

Nevertheless, while the trial court could have reasonably concluded that Jil had the capacity to work full time at the $19 an hour wage that she had been earning at her medical billing job and that she should seek to improve her skills so that she could earn better pay in the future, there was no evidence that she had the capacity as of March 2013, when Doug filed his motion, to obtain full-time work at $30 an hour (which is the approximate equivalent of $5,000 a month). Certainly the court could have concluded that she had the capacity to earn $19 an hour for full-time work, but that would amount to less than $3,500 a month. No other evidence of Jil’s earning capacity appears in the record before us. Consequently, the trial court abused its discretion in finding that Jil had the capacity to earn $5,000 a month in wages.

The same is true with regard to the court’s determination that she had the capacity to earn $5,000 a month in investment income from her $1.5 million investment account. There was no evidence that Jil had ever earned that amount from her account, and no evidence was presented at trial that her account, which appeared to be her retirement funds, could reliably produce such earnings. Doug’s expert testified that Jil had earned $3,557 per month on her investments in 2013, and there was no evidence that she had ever earned more on her investments. Jil testified that she was earning less than $1,000 a month from her investment account at the time of the 2015 trial. While this record could support a finding that Jil had the capacity to earn the $3,557 per month that she had earned from that account in 2013, the court had no basis for its finding that she could earn $5,000 a month (or four percent a year) on the account. Without evidence, the court’s finding was based on nothing more than speculation. It follows that the court abused its discretion in finding that Jil had the capacity to earn $5,000 a month from her investment account to contribute to her support.

Because these findings were critical to the court’s assessment of the Family Code section 4320 factors in making its decision to reduce Jil’s spousal support, reversal is required, and we need not address the remainder of Jil’s contentions.

III. Disposition

The trial court’s order is reversed, and the matter is remanded with directions to vacate the portion of the order modifying spousal support and to reconsider that issue. Jil shall recover her appellate costs.

_______________________________

Mihara, J.

WE CONCUR:

_____________________________

Elia, Acting P. J.

_____________________________

Bamattre-Manoukian, J.

Britt v. Britt

H042734

Luis Damian Robles v. Francisco Barajas, Jr

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Case Number: BC721468 Hearing Date: October 18, 2019 Dept: 5

Superior Court of California
County of Los Angeles
Department 5

Luis Damian Robles, et al.,

Plaintiff,

v.

Francisco Barajas, Jr., et al.,

Defendants.

Case No.: BC721468

Hearing Date: October 18, 2019

[TENTATIVE] order RE:

defendantS’ motion for order compelling plaintiff’s attendance and testimony at deposition

Defendants Francisco Barajas, Jr. and Letitia Barajas (collectively, “Defendants”) move for an order compelling Plaintiff Luis Damian Robles to submit to deposition. Pursuant to Code of Civil Procedure section 2025.450, if after service of a deposition notice, a party to the action, without having served a valid objection, fails to appear for examination, or proceed with it, or to produce for inspection any document, the party giving notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document. (Code Civ. Proc., § 2025.450, subd. (a).) A motion to compel the deposition of a party to the action must be accompanied by a meet and confer declaration, or, when the deponent failed to attend the deposition, a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance. (Code Civ. Proc. § 2025.450, subd. (b)(2).)

Defendants served on Plaintiff an initial Notice of Taking Deposition, setting the deposition for April 18, 2019. Plaintiff’s counsel then informed defense counsel that Plaintiff was not available for that date, but did not provide alternate dates to reschedule. Defendants re-noticed the deposition a few more times until August 22, 2019, when Plaintiff again failed to appear. (Hsu Decl., ¶ 10, Exh. E.) Defendants took a Certificate of Nonappearance. (Hsu Decl., ¶ 10, Exh. E.) On August 29, 2019, Defendants’ counsel sent a letter to Plaintiff’s counsel inquiring as to Plaintiff’s non-appearance. As of the filing of this motion to compel deposition, Plaintiff has not contacted defense counsel to reschedule the deposition. Plaintiff has not opposed this motion.

Based upon the foregoing, Defendants’ motion to compel deposition is granted. Plaintiff is ordered to appear for deposition on October 30, 2019, at 10:00 a.m. unless Defendants’ counsel stipulates to a different date.

Defendants also request sanctions against Plaintiff. The Court finds Plaintiff’s failure to appear for deposition a misuse of the discovery process. (Code Civ. Proc, § 2023.010, subd. (d).) Sanctions have been sufficiently noticed against Plaintiff and Plaintiff’s counsel, Jonathan M. Kashani. The Court orders sanctions in the amount of $768.15, as requested by Defendant’s counsel, as that amount is reasonable under the circumstances.

CONCLUSION AND ORDER

Defendants’ motion to compel deposition is granted. Plaintiff is ordered to appear for deposition on October 30, 2019, at 10:00 a.m. at the Law Offices of Mark R. Weiner & Associates, 655 North Central Avenue, Suite #1125, Glendale, California, 91203-1434 unless Defendants’ counsel stipulates to a different date, time, and/or location.

Plaintiff Luis Damian Robles and Plaintiff’s counsel, Jonathan M. Kashani, jointly and severally, are ordered to pay sanctions in the amount of $768.15 to Defendants, by and through their counsel, within twenty (20) days of this order.

Defendants are ordered to provide notice of this order and file proof of service of such.

DATED: October 18, 2019 ___________________________

Hon. Stephen I. Goorvitch

Superior Court Judge

GALE REAVES VS COUNTY OF LOS ANGELS PROBATION DEPT case docket

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Case Number: BC489065
GALE REAVES VS COUNTY OF LOS ANGELS PROBATION DEPT ET AL
Filing Courthouse: Stanley Mosk Courthouse

Filing Date: 07/25/2012
Case Type: Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
Status: Court-Ordered Dismissal – Before Trial – Lack of Prosecution 01/08/2018

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FUTURE HEARINGS
Case Information | Register Of Actions | FUTURE HEARINGS | PARTY INFORMATION | Documents Filed | Proceedings Held

None

PARTY INFORMATION
Case Information | Register Of Actions | FUTURE HEARINGS | PARTY INFORMATION | Documents Filed | Proceedings Held

AKUDINOBI EMMANUEL C. ESQ. – Attorney for Plaintiff

COUNTY OF LOS ANGELES – Defendant

COUNTY OF LOS ANGELS PROBATION DEPT. –

HOUSE CALVIN R. ESQ. – Attorney for Defendant

REAVES GALE – Plaintiff

ROJAS MARINA – Defendant

WASHINGTON ANDREA – Defendant

WILLIAMS LA CAR – Defendant

Documents Filed
Case Information | Register Of Actions | FUTURE HEARINGS | PARTY INFORMATION | Documents Filed | Proceedings Held

Documents Filed (Filing dates listed in descending order)

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
10/27/2017 02/14/2017 04/10/2014 06/19/2013 09/17/2012

04/11/2018 NOTICE TO REPORTER TO PREPARE TRANSCRIPT ON APPEAL

04/11/2018 Ntc to Reptr/Mon to Prep Transcrpt
Filed by Clerk

03/19/2018 Minute order entered: 2018-03-19 00:00:00
Filed by Clerk

03/19/2018 Minute Order

03/16/2018 Minute order entered: 2018-03-16 00:00:00
Filed by Clerk

03/12/2018 APPELLANT’S NOTICE DESIGNATING RECORD ON APPEAL

03/12/2018 Designation of Record on Appeal
Filed by Gale Reaves (Plaintiff)

03/09/2018 PLAINTIFF’S REPLY TO DEFENDANT’S OPPOSITION TO MOTTION TO STRIKE OR TAX COST; DECLARATION OF EMMANUEL, C. AKUDINOBI IN SUPPORT THEREOF.

03/09/2018 Opposition Document
Filed by Gale Reaves (Plaintiff)

03/05/2018 DEFENDANTS’ OPPOSITION TO PLAINTIFF’S MOTION TO TAX COSTS; DECLARATION OF NICHOLAS A. HNATIUK IN SUPPORT THEREOF

03/05/2018 Opposition Document
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant)

02/23/2018 NOTICE OF DEFAULT (UNLIMITED CIVIL APPEALS)

02/23/2018 Notice
Filed by Clerk

02/20/2018 PLAINTIFF’S NOTICE OF MOTION AND MOTION TO TAX COST; DECLARATION OF EMMANUEL C. AKUDINOBI IN SUPPORT THEREOF

02/20/2018 Motion to Tax Costs
Filed by Gale Reaves (Plaintiff)

02/05/2018 NOTICE OF FILING OF NOTICE OF APPEAL

02/05/2018 Ntc to Attorney re Notice of Appeal
Filed by Clerk

02/02/2018 NOTICE OF APPEAL

02/02/2018 Notice of Appeal
Filed by Gale Reaves (Plaintiff)

01/26/2018 MEMO COSTS SUMMARY

01/26/2018 Memo of Costs
Filed by County of Los Angels Probation Dept. (Legacy Party)

01/08/2018 Minute order entered: 2018-01-08 00:00:00
Filed by Clerk

01/08/2018 CIVIL DEPOSIT

01/08/2018 Minute Order

01/08/2018 Minute Order

01/08/2018 Receipt
Filed by Gale Reaves (Plaintiff)

01/08/2018 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
Filed by County of Los Angels Probation Dept. (Legacy Party); County of Los Angeles (Defendant)

01/05/2018 DEFENDANTS’ SEPARATE STATEMENT IN SUPPORT OF MOTION IN LIMINE NO. 5 TO EXCLUDE EVIDENCE CONCERNING INFORMATION PLAINTIFF FAILED TO PROVIDE TO WRITTEN DISCOVERY PURSUANT TO PRIOR COURT ORDER

01/05/2018 DEFENDANTS’ STATEMENT OF THE CASE

01/05/2018 DEFENDANTS’ NOTICE OF MOTION AND MOTION IN LIMINE NO.5 TO EXCLUDE EVIDENCE CONCERNING INFORMATION PLAINTIFF FAILED TO PROVIDE TO WRITTEN DISCOVERY PURSUANT TO PRIOR COURT ORDER

01/05/2018 DEFENDANTS’ LIST OF [PROPOSED] JURY INSTRUCTIONS

01/05/2018 Memorandum of Points & Authorities
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant) et al.

01/05/2018 Motion in Limine
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant) et al.

01/05/2018 Statement of the Case
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant) et al.

01/05/2018 Jury Instructions
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant) et al.

01/04/2018 EVIDENCE AND DECLARATION OF NICHOLAS A. HNATIUK IN SUPPORT OF DEFENDANTS’ MOTIONS IN LIMINE NOS. 1-5; AND DEFENDANTS’ REQUEST FOR JUDICIAL NOTICE

01/04/2018 DEFENDANTS’ REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS’ MOTIONS IN LIMINE NOS. 1-5

01/04/2018 Exhibit List
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

01/04/2018 Request for Judicial Notice
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

01/04/2018 Declaration
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

01/03/2018 DEFENDANTS’ NOTICE OF MOTION AND MOTION IN LIMINE NO. 1 TO DEEM THE FINDINGS OF FACT AND CONCLUSIONS OF LAW OF UNDERLYING CIVIL SERVICE COMMISSION CASE NO. 11-314 AS ESTABLISHED PURSUANT TO COLLATERAL ESTOPPEL

01/03/2018 DEFENDANTS’ NOTICE OF MOTION AND MOTION IN LIMINE NO. 4 TO EXCLUDE TESTIMONY AND OPINION OF PLAINTIFF’S DESIGNATED EXPERT WITNESS DR. JUBIN MERATI, PH.D. AT TRIAL

01/03/2018 DEFENDANTS’ NOTICE OF MOTION AND MOTION IN LIMINE NO. 3 TO ESTABLISH THAT PLAINTIFF CONSENTED TO THE 30-DAY SUSPENSION THAT WAS THE SUBJECT OF UNDERLYING CIVIL SERVICE COMMISSION CASE NO. 12-370

01/03/2018 DEFENDANTS’ NOTICE OF MOTION AND MOTION IN LIMINE NO. 2 TO PRECLUDE LIABILITY BASED UPON MATTERS PREVIOUSLY ADJUDICATED AS PART OF THIS LAWSUIT

01/03/2018 Motion in Limine
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

01/03/2018 Motion in Limine
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

01/03/2018 Motion in Limine
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant)

12/19/2017 NOTICE OF UNAVAILABILITY OF COUNSEL.

12/19/2017 Notice
Filed by Gale Reaves (Plaintiff)

12/19/2017 Notice
Filed by Gale Reaves (Plaintiff)

11/29/2017 Minute order entered: 2017-11-29 00:00:00
Filed by Clerk

11/29/2017 Minute Order

11/06/2017 Minute order entered: 2017-11-06 00:00:00
Filed by Clerk

11/06/2017 Minute Order

11/06/2017 ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE

11/06/2017 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
Filed by County of Los Angeles (Defendant)

11/01/2017 DEFENDANTS’ OBJECTIONS TO EVIDENCE FILED BY PLAINTIFF IN OPPOSITION TO DEFENDANTS’ MOTION TO QUASH DEPOSITION SUBPOENA TO MICHAEL ODEN AND TO CLAUDIA CHASE; [PROPOSED] ORDER

11/01/2017 Objection Document
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

10/31/2017 REPLY IN SUPPORT OF MOTION TO QUASH DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE OF MICHAEL ODEN AND REQUEST FOR SANCTIONS OF $2,511.00; SUPPLEMENTAL DECLARATION OF NICHOLAS A. HNATIUK

10/31/2017 REPLY IN SUPPORT OF MOTION FOR MONETARY, EVIDENCE, ISSUE AND TERMINATING SANCTIONS; SUPPLEMENTAL DECLARATION OF NICHOLAS A. KNATIUK

10/31/2017 REPLY IN SUPPORT OF MOTION TO QUASH DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE OF CLAUDIA CHASE AND REQUEST FOR SANCTIONS OF $750.00; ETC.

10/31/2017 Reply/Response
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

10/31/2017 Reply/Response
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

10/31/2017 Reply/Response
Filed by County of Los Angels Probation Dept. (Legacy Party); Andrea Washington (Defendant); La Car Williams (Defendant)

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 10/27/2017 02/14/2017 04/10/2014 06/19/2013 09/17/2012

10/27/2017 Minute order entered: 2017-10-27 00:00:00
Filed by Clerk

10/27/2017 AMENDED PROOF OF SERVICE RE: NOTICE OF MOTION AND MOTION FOR MONETARY, EVIDENCE, ISSUE AND TERMINATING SANCTIONS

10/27/2017 Amended Proof of Service
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

10/26/2017 PLAINTIFF’S OPPOSITION TO MOTION FOR MONETARY, EVLDENTIARY, ISSUE, AND TERMINATING SANCTIONS; DECLARATION OF CHIJIOKE 0. IKONTE IN SUPPORT THEREOF

10/26/2017 Opposition Document
Filed by Gale Reaves (Plaintiff)

10/25/2017 Opposition Document
Filed by Gale Reaves (Plaintiff)

10/25/2017 Opposition Document
Filed by Gale Reaves (Plaintiff)

10/25/2017 PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO QUASH SERVICE OF PROCESS OF MICHAEL ODEN; DECLARATION OF EMMANUEL C. AKUDINOBI IN SUPPORT THEREOF

10/25/2017 PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO QUASH SERVICE OF PROCESS ON CLAUDIA CHASE; DECLARATION OF EMMANUEL C. AKUDINOHI IN SUPPORT THEREOF

10/24/2017 Minute order entered: 2017-10-24 00:00:00
Filed by Clerk

10/19/2017 Opposition Document
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

10/19/2017 DEFENDANTS’ SUPPLEMENTAL BRIEF IN OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL DEPOSITION OF COUNTY OF LOS ANGELES MOST QUALIFIED PERSON

10/13/2017 Objection Document
Filed by Gale Reaves (Plaintiff)

10/13/2017 Miscellaneous-Other
Filed by Court

10/13/2017 Stipulation and Order to use Certified Shorthand Reporter
Filed by Gale Reaves (Plaintiff)

10/13/2017 Minute order entered: 2017-10-13 00:00:00
Filed by Clerk

10/13/2017 STIPULATION AND OFDER TO USE CERTIFIED SHORTHAND REPORTER

10/13/2017 Minute Order

10/13/2017 PLAENTIFF’S OBJECTIONS TO CONSOLIDATION OF CASE NO., BC 489065 AND CASE NO., BC 631171 FOR TRIAL

10/13/2017 MOTION RULING AND RULINGS ON MISCELLANEOUS MATTERS

10/12/2017 Objection Document
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

10/12/2017 Motion for Sanctions
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

10/12/2017 Declaration
Filed by County of Los Angels Probation Dept. (Legacy Party)

10/12/2017 NOTICE OF MOTION AND MOTION FOR MONETARY, EVIDENCE, ISSUE AND TERMINATING SANCTIONS

10/12/2017 DEFENDANTS’ OBJECTIONS TO PLAINTIFF’S REPLY, NOTICE OF ERRATA, AND ATTACHED EVIDENCE FILED IN SUPPORT OF MOTION TO COMPEL DEPOSITION OF COUNTY OF LOS ANGELES MOST QUALIFIED PERSON; [PROPOSED] ORDER

10/12/2017 DECLARATION OF NICHOLAS A. HNATIUK IN SUPPORT OF MOTION FOR MONETARY, EVIDENCE, ISSUE AND TERMINATING SANCTIONS

10/10/2017 Declaration
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant)

10/10/2017 DECLARATION OF MICHAEL ODEN IN SUPPORT OF MOTION TO QUASH DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE OF MICHAEL ODEN

10/06/2017 Notice
Filed by Gale Reaves (Plaintiff)

10/06/2017 Reply to Opposition
Filed by Gale Reaves (Plaintiff)

10/06/2017 NOTICE OF ERRATA RE: MOTION TO COMPEL DEPOSITION OF COUNTY OF LOS ANGELES PERSON(S) MOST QUALIFIED (PMQ) REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $2,310; ETC

10/06/2017 REPLY TO DEFENDANT’S OPPOSITION TO MOTION TO COMPEL DEPOSITION OF COUNTY OF LOS ANGELES MOST QUALIFIED PERSON (PMQ) REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $2,310; ETC

10/05/2017 Motion to Quash
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

10/05/2017 Motion to Quash
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

10/05/2017 Declaration
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

10/05/2017 Minute order entered: 2017-10-05 00:00:00
Filed by Clerk

10/05/2017 NOTICE OF MOTION AND MOTION TO QUASH DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE OF MICHAEL ODEN; ETC.

10/05/2017 Minute Order

10/05/2017 NOTICE OF MOTION AND MOTION TO QUASH DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE OF CLAUDIA CHASE; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR SANCTIONS OF $750.00; DECLARATION OF NICHOLAS A. HNATIUK

10/05/2017 DECLARATION OF CLAUDIA CHASE IN SUPPORT OF MOTION TO QUASH DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE OF CLAUDIA CHASE

09/29/2017 Opposition Document
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

09/29/2017 Notice
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant)

09/29/2017 STATEMENT OF NON-OPPOSITION TO MOTION TO BIFURCATE

09/29/2017 DEFENDANTS OPPOSITION TO MOTION TO COMPEL DEPOSITION OF COUNTY OF LOS ANGELES MOST QUALIFIED PERSON; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF NICHOLAS A. HNATIUK

09/20/2017 Motion to Compel
Filed by Gale Reaves (Plaintiff)

09/20/2017 NOTICE OF MOTION AND MOTION TO COMPEL. DEPOSITION OF COUNTY OF LOS ANGELES MOST QUALIFIED PERSON (PMQ) REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $2,310; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; ETC

09/11/2017 Notice of Motion
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

09/11/2017 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
Filed by County of Los Angels Probation Dept. (Legacy Party)

09/11/2017 Minute order entered: 2017-09-11 00:00:00
Filed by Clerk

09/11/2017 ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE

09/11/2017 Minute Order

09/11/2017 NOTICE OF MOTION AND MOTION BIFURCATE; MEMORANDUM OF POINTS AND AUTHORITIES

09/01/2017 Notice
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant)

09/01/2017 STATEMENT OF NON-OPPOSITIONS TO DEFENDANTS’ MOTIONS TO COMPEL PLAINTIFF’S DISCOVERY RESPONSES

08/07/2017 Motion to Compel
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

08/07/2017 Motion to Compel
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

08/07/2017 Motion to Compel
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

08/07/2017 Motion to Compel
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

08/07/2017 NOTICE OF MOTION AND MOTION FOR AN ORDER COMPELLING PLAINTIFF TO RESPOND TO EMPLOYMENT FORM INTERROGATORIES (SET ONE); ETC.

08/07/2017 NOTICE OF MOTION AND MOTION FOR AN ORDER COMPELLING PLAINTIFF TO RESPOND TO FORM INTERROGATORIES, GENERAL (SET ONE);ETC.

08/07/2017 NOTICE OF MOTION AND MOTION TO DEEM ADMISSIONS BE ADMITTED; ETC.

08/07/2017 NOTICE OF MOTION AND MOTION FOR AN ORDER COMPELLING PLAINTIFF TO RESPOND TO SPECIAL INTERROGATORIES (SET ONE); ETC.

03/28/2017 Receipt
Filed by Defendant/Respondent

03/28/2017 Notice
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant)

03/28/2017 DEFENDANTS’ NOTICE OF POSTING JURY FEE DEPOSIT

03/28/2017 CIVIL DEPOSIT

03/21/2017 Minute order entered: 2017-03-21 00:00:00
Filed by Clerk

03/21/2017 Minute Order

03/17/2017 Reply/Response
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

03/17/2017 REPLY TO PLAINTIFF’S BRIEF FOR THE 3/27/17 CASE MANAGEMENT CONFERENCE

03/14/2017 Points and Authorities
Filed by Gale Reaves (Plaintiff)

03/14/2017 Points and Authorities
Filed by Gale Reaves (Plaintiff)

03/14/2017 Brief
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

03/14/2017 MEMORANDUM OF POINTS AND AUTHORITIES REGARDING THE VIABILITY OF A CLAIM FOR TORTIOUS INTERFERENCE WITH A CONTRACTUAL RELATIONSHIPS. AND/OR A PROSPECTIVE BUSINESS/ECONOMIC ADVANTAGE.

03/14/2017 DEFENDANTS’ POSITIONAL BRIEF FOR THE 3/27/17 CASE MANAGEMENT CONFERENCE

03/14/2017 MEMORANDUM OF POINTS AND AUTHORITIES REGARDING THE VIABILITY OF A CLAIM FOR TORTIOUS INTERFERENCE WITH A CONTRACTUAL RELATIONSHIP AND/OR A PROSPECTIVE BUSINESS /ECONOMIC ADVANTAGE

02/28/2017 Minute order entered: 2017-02-28 00:00:00
Filed by Clerk

02/28/2017 Minute Order

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 10/27/2017 02/14/2017 04/10/2014 06/19/2013 09/17/2012

02/14/2017 Brief
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

02/14/2017 DEFENDANTS’ TRIAL BRIEF FOR CASE MANAGEMENT CONFERENCE

02/06/2017 Minute order entered: 2017-02-06 00:00:00
Filed by Clerk

02/06/2017 Minute Order

01/25/2017 Notice of Case Management Conference
Filed by Clerk

01/25/2017 NOTICE OF CASE MANAGEMENT CONFERENCE

01/25/2017 NOTICE OF CASE MANAGEMENT CONFERENCE

01/24/2017 Notice of Case Management Conference
Filed by Clerk

01/13/2017 Request
Filed by Gale Reaves (Plaintiff)

01/13/2017 REQUEST TO SET STATUS CONFERENCE OR IN THE ALTERNATIVE CASE MANAGEMENT CONFERENCE

01/11/2017 Notice of Related Case
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

01/11/2017 NOTICE OF RELATED CASE

12/14/2016 Notice of Change of Address or Other Contact Information
Filed by Gale Reaves (Plaintiff)

12/14/2016 NOTICE OF CHANGE OF ADDRESS

06/16/2016 Answer to Third Amended Complaint
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

06/16/2016 DEFENDANTS’ ANSWER TO PLAINTIFF’S THIRD AMENDED COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL

04/20/2016 Third Amended Complaint
Filed by Gale Reaves (Plaintiff)

04/20/2016 THIRD AMENDED COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL

02/26/2016 Unknown Document Type
Filed by Clerk

02/26/2016 REMITTITUR

02/25/2016 Minute order entered: 2016-02-25 00:00:00
Filed by Clerk

02/25/2016 Minute Order

06/20/2014 Notice of Ruling
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant) et al.

06/20/2014 NOTICE OF RULING ON PLAINTIFFS MOTION TO STRIKE COSTS

06/18/2014 Minute order entered: 2014-06-18 00:00:00
Filed by Clerk

06/18/2014 Minute Order

06/05/2014 Opposition Document
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant) et al.

06/05/2014 DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION TO TAX COSTS

06/03/2014 Designation of Record on Appeal
Filed by Gale Reaves (Plaintiff)

06/03/2014 APPELLANTS NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE)

05/12/2014 Motion to Strike
Filed by Gale Reaves (Plaintiff)

05/12/2014 PLAINTIFFS MOTION TO STRIKE COSTS OR IN THE ALTERNATIVE TAX COSTS; MEMORANDUM OF POINTS AN]) AUTHORITIES IN SUPPORT THEREOF.

04/28/2014 Ntc to Attorney re Notice of Appeal
Filed by Clerk

04/28/2014 NOTICE TO ATTORNEY IN RE NOTICE OF APPEAL

04/25/2014 Notice of Appeal
Filed by Gale Reaves (Plaintiff)

04/25/2014 NOTICE OF APPEAL/CROSS-APPEAL (UNLIMITED CIVIL CASE) (APPELLATE)

04/23/2014 Notice of Entry of Judgment
Filed by Defendant/Respondent

04/23/2014 Memorandum of Costs
Filed by Defendant/Respondent

04/23/2014 NOTICE OF ENTRY OF JUDGMENT

04/14/2014 Minute order entered: 2014-04-14 00:00:00
Filed by Clerk

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 10/27/2017 02/14/2017 04/10/2014 06/19/2013 09/17/2012

04/10/2014 Judgment
Filed by Defendant/Respondent

04/10/2014 Order
Filed by Defendant/Respondent

04/10/2014 Minute order entered: 2014-04-10 00:00:00
Filed by Clerk

04/10/2014 JUDGMENT

04/10/2014 ORDER GRANTING SUMMARY JUDGMENT

04/10/2014 Minute Order

04/10/2014 JUDGMENT

03/27/2014 Notice of Ruling
Filed by County of Los Angels Probation Dept. (Legacy Party)

03/27/2014 NOTICE OF RULING AT HEARING ON MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION

03/26/2014 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
Filed by Plaintiff/Petitioner

03/26/2014 Minute order entered: 2014-03-26 00:00:00
Filed by Clerk

03/26/2014 ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE

03/26/2014 Minute Order

03/24/2014 Opposition Document
Filed by Gale Reaves (Plaintiff)

03/24/2014 Reply/Response
Filed by Gale Reaves (Plaintiff)

03/24/2014 Declaration
Filed by Gale Reaves (Plaintiff)

03/24/2014 Opposition Document
Filed by Gale Reaves (Plaintiff)

03/24/2014 PLAINTIFF – GALE REAVES MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION.

03/24/2014 PLAINTIFF – GALE REAVES DECLARATION IN OPPOSITION TO THE DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION

03/24/2014 PLAINTIFFS RESPONSE TO DEFENDANTS SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS AND PLAINTIFFS OWN STATEMENT OF UNCONTROVERTED FACTS

03/24/2014 DECLARATION OF EMMANUEL C. AKUDINOBI IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION.

03/21/2014 Reply/Response
Filed by County of Los Angels Probation Dept. (Legacy Party)

03/21/2014 DEFENDANTS REPLY IN FURTHER SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF THE ISSUES

03/18/2014 Declaration
Filed by County of Los Angels Probation Dept. (Legacy Party)

03/18/2014 Motion in Limine
Filed by County of Los Angels Probation Dept. (Legacy Party)

03/18/2014 Motion in Limine
Filed by County of Los Angels Probation Dept. (Legacy Party)

03/18/2014 Minute order entered: 2014-03-18 00:00:00
Filed by Clerk

03/18/2014 DECLARATION OF SCOTT NENNI RE MEET AND CONFER RE MOTIONS IN LIMINE

03/18/2014 COUNTY’S MOTION IN LLMINE NO. I TO ADMIT FORMER TESTIMONY IN EVIDENCE

03/18/2014 [JETENDANTS NOTICE 01 MOTION AND MOTION IN LIMINE NO. 2 (THAT THE FINAL ACTION OF THE CIVIL SERVICE COMMISSION BE AFFORDED COLLATERAL ESTOPPEL)

03/14/2014 Minute order entered: 2014-03-14 00:00:00
Filed by Clerk

03/04/2014 Notice of Ruling
Filed by Plaintiff/Petitioner

03/04/2014 NOTICE OF RULING ON THE PLAINTIFFS EX PARTE APPLICATION TO CONTINUE THE TRIAL DATE AND SUMMARY JUDGMENT HEARING DATES AND FOR A RULING ON WHEN DATE THE COUNTY, ETC

02/28/2014 Minute order entered: 2014-02-28 00:00:00
Filed by Clerk

02/28/2014 Minute Order

02/19/2014 Opposition Document
Filed by Defendant/Respondent

02/19/2014 Ex-Parte Application
Filed by Plaintiff/Petitioner

02/19/2014 Minute order entered: 2014-02-19 00:00:00
Filed by Clerk

02/19/2014 EX PARTE APPLICATION FOR AN ORDER CONTINUING THE HEARING DATE FOR THE DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND/OR ADJUDICATION AND TO CONTINUE THE TRIAL AND FINAL STATUS CONFERENCE DATES IN THIS MATTER, AND FOR AN ORDER REGARDING DEFENDANTS SUPPLEMENTAL

02/19/2014 DEFENDANTS OPPOSITION TO PLAINTIFFS EX PARTE APPLICATION TO CONTINUE TRIAL AND SUMMARY JUDGMENT DATES

02/19/2014 Minute Order

01/22/2014 Stipulation and Order to use Certified Shorthand Reporter
Filed by Plaintiff/Petitioner

01/22/2014 Minute order entered: 2014-01-22 00:00:00
Filed by Clerk

01/22/2014 STIPULATION AND ORDER TO USE CERTIFIED SHORTHAND REPORTER

01/22/2014 Minute Order

01/08/2014 Opposition Document
Filed by County of Los Angeles (Defendant)

01/08/2014 Miscellaneous-Other
Filed by County of Los Angels Probation Dept. (Legacy Party)

01/08/2014 DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, AND FOR $1,550.00 IN SANCTIONS; DECLARATION OF SCOTT NENNI

01/08/2014 DEFENDANTS SEPARATE STATEMENT OPPOSITION TO PLAINTIFFS MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES

01/07/2014 Minute order entered: 2014-01-07 00:00:00
Filed by Clerk

01/07/2014 Minute Order

12/30/2013 Miscellaneous-Other
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant) et al.

12/30/2013 Miscellaneous-Other
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant) et al.

12/30/2013 Statement of Facts
Filed by County of Los Angeles (Defendant)

12/30/2013 Motion for Summary Judgment
Filed by County of Los Angeles (Defendant)

12/30/2013 DEFENDANTS SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS

12/30/2013 DEFENDANTS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES

12/30/2013 DEFENDANTS EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT – VOL.2 OF 2

12/30/2013 DEFENDANTS EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT – VOL. 1 OF 2

12/13/2013 Motion to Compel
Filed by Gale Reaves (Plaintiff)

12/13/2013 Miscellaneous-Other
Filed by Plaintiff/Petitioner

12/13/2013 NOTICE OF MOTION & MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFFS FORM INTEROGATORIES – EMPLOYMENT LAW; REQUEST FOR MONETARY SANCION $6,250 AGAINST THE COUNTY AND ITS COUNSELS RECORD, SCOTT NENI AND CALVIN R. HOUSE; DECLARATION OF EMMANUEL C. AKUDINOBI

12/13/2013 PLAINTIFFS SEPARATE STATEMENT IN SUPPORT OF HER MOTION TO COMPEL FURTHER RESPONSES TO HER FORM INTERROGATORIES PROPOUNDED TO DEFENDANT THE COUNTY OF LOS ANGELES.

11/20/2013 Notice of Motion
Filed by County of Los Angeles (Defendant)

11/20/2013 DEFENDANTS NOTICE OF MOTION AND MOTION FOR AN ORDER COMPELLING PLAINTIFF TO APPEAR FOR DEPOSITION, AND ETC

08/15/2013 Answer to Second Amended Complaint
Filed by County of Los Angels Probation Dept. (Legacy Party); County of Los Angeles (Defendant)

08/15/2013 DEFENDANTS ANSWER TO PLAINTIFFS SECOND AMENDED COMPLAINT FOR DAMAGES

07/10/2013 Second Amended Complaint
Filed by Gale Reaves (Plaintiff)

07/10/2013 COMPLAINTPERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH – [I] AMENDED (NUMBER): SECOND

07/02/2013 Minute order entered: 2013-07-02 00:00:00
Filed by Clerk

07/02/2013 NOTICE OF RULING RE: PLAINTIFFS MOTION TO SET ASIDE DISMISSAL OF HER LAWSUIT WITH PREJUDICE

07/02/2013 Notice of Ruling
Filed by Plaintiff/Petitioner

07/02/2013 MINUTE ORDER

07/02/2013 CIVIL DEPOSIT

06/25/2013 PLAINTIFFS REPLY TO DEFENDANT COUNTY OF LOS ANGELES OPPOSITION TO HER MOTION FOR MANDATORY RELIEF FROM AN ORDER DISMISSING HER LAWSUIT WITH PREJUDICE; DECLARATION OF EMMANUEL C. AKUDINOBI IN SUPPORT THEREOF

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 10/27/2017 02/14/2017 04/10/2014 06/19/2013 09/17/2012

06/19/2013 Opposition Document
Filed by County of Los Angels Probation Dept. (Legacy Party)

06/19/2013 DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR MANDATORY RELIEF FROM AN ORDER DISMISSING PLAINTIFFS LAWSUIT WITH PREJUDICE AND REQUEST FOR ATTORNEYS FEES; DECLARATION OF SCOTT NENNI IN SUPPORT THEREOF

06/05/2013 Motion
Filed by Gale Reaves (Plaintiff)

06/05/2013 NOTICE OF MOTION & MOTION FOR MANDATORY RELIEF FROM AN ORDER DISMISSING PLAINTIFFS LAWSUIT WITH PREJUDICE

05/31/2013 Minute order entered: 2013-05-31 00:00:00
Filed by Clerk

04/30/2013 NOTICE OF RULING AT CASE MANAGEMENT CONFERENCE

04/30/2013 Notice of Ruling
Filed by Defendant/Respondent

04/29/2013 Minute order entered: 2013-04-29 00:00:00
Filed by Clerk

04/29/2013 MINUTE ORDER

04/11/2013 CASE MANAGEMENT STATEMENT

04/11/2013 Case Management Statement
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant) et al.

01/22/2013 DEFENDANTS’ ANSWER TO PLAINTIFF’S FIRST AMENDED COMPLAINT FOR DAMAGES

01/22/2013 Answer to First Amended Complaint
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant) et al.

01/11/2013 NOTICE OF RULING RE: DEFENDANTS DEMURRER AND MOTION TO STAY; AND NOTICE OF CASE MANAGEMENT HEARING

01/11/2013 Notice of Ruling
Filed by Defendant/Respondent

01/10/2013 Minute order entered: 2013-01-10 00:00:00
Filed by Clerk

01/10/2013 Minute Order

01/03/2013 DEFENDANTS REPLY IN FURTHER SUPPORT OF MOTION TO STAY

01/03/2013 DEFENDANTS REPLY IN FURTHER SUPPORT OF DEMURRER TO FIRST AMENDED COMPLAINT

01/03/2013 Reply/Response
Filed by Defendant/Respondent

01/03/2013 Reply/Response
Filed by Defendant/Respondent

12/14/2012 PLAINTIFFS OPPOSITION TO DEFENDANTS DEMURRER TO HER FIRST AMENDED COMPLAINT

12/14/2012 PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO STAY

12/14/2012 Opposition Document
Filed by Plaintiff/Petitioner

12/06/2012 DEFENDANTS AMENDED NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT

12/06/2012 DEFENDANTS NOTICE OF MOTION AND MOTION TO STAY CIVIL LAWSUIT PENDING OUTCOME OF LOS ANGELES COUNTY CIVIL SERVICE COMMISSION HEARING; DECLARATION OF DANIEL C. CARMICHAEL III AND EXHIBITS THERETO

12/06/2012 Motion
Filed by Defendant/Respondent

12/06/2012 Defendant’s Demurrer
Filed by Defendant/Respondent

12/05/2012 INDEX OF FEDERAL CASES IN SUPPORT OF DEFENDANTS DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT

12/05/2012 DEFENDANTS NOTICE OF DEMURRFR AND DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT

12/05/2012 Miscellaneous-Other
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant) et al.

12/05/2012 Demurrer
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant) et al.

11/30/2012 COMPLAINT- PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH FIRST AMENDED

11/30/2012 Amended Complaint
Filed by Gale Reaves (Plaintiff)

11/26/2012 Minute order entered: 2012-11-26 00:00:00
Filed by Clerk

11/21/2012 Notice
Filed by Defendant/Respondent

11/21/2012 DEFENDANTS’ AMENDED NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT

11/16/2012 Minute order entered: 2012-11-16 00:00:00
Filed by Clerk

11/16/2012 Minute Order

11/09/2012 Case Management Statement
Filed by Defendant/Respondent

11/09/2012 Case Management Statement
Filed by Defendant/Respondent

11/09/2012 Challenge To Judicial Officer – Peremptory (170.6)
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); La Car Williams (Defendant)

11/09/2012 CASE MANAGEMENT STATEMENT

11/09/2012 AFFIDAVIT OF PREJUDICE PEREMPTORY CHALLENGE TO JUDICIAL OFFICER

11/05/2012 Miscellaneous-Other
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant) et al.

11/05/2012 Demurrer
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant) et al.

11/05/2012 DEFENDANTS NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS COMPLAINT

11/05/2012 INDEX OF FEDERAL CASES IN SUPPORT OF DEFENDANTS DEMURRER TO PLAINTIFFS COMPLAINT

10/26/2012 Proof-Service/Summons
Filed by Gale Reaves (Plaintiff)

10/26/2012 PROOF OF SERVICE SUMMONS

10/26/2012 PROOF OF SERVICE SUMMONS

10/26/2012 PROOF OF SERVICE SUMMONS

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 10/27/2017 02/14/2017 04/10/2014 06/19/2013 09/17/2012

09/17/2012 Notice of Case Management Conference
Filed by Clerk

09/17/2012 NOTICE OF CASE MANAGEMENT CONFERENCE

07/25/2012 COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

07/25/2012 SUMMONS

07/25/2012 Complaint
Filed by Gale Reaves (Plaintiff)

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 10/27/2017 02/14/2017 04/10/2014 06/19/2013 09/17/2012

Proceedings Held
Case Information | Register Of Actions | FUTURE HEARINGS | PARTY INFORMATION | Documents Filed | Proceedings Held

Proceedings Held (Proceeding dates listed in descending order)

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
02/28/2014

03/19/2018 at 00:00 AM in Department 12
Ruling on Submitted Matter (Ruling on Submitted Matter; Granted in Part) –

03/16/2018 at 09:30 AM in Department 12
Hearing on Motion to Tax Costs – Held – Taken under Submission

01/08/2018 at 10:00 AM in Department 12
Jury Trial (Jury Trial; Order of Dismissal) –

11/29/2017 at 00:00 AM in Department 12
Ruling on Submitted Matter – Held – Motion Granted

11/06/2017 at 09:30 AM in Department 12
Unknown Event Type – Not Held – Advanced and Vacated

11/06/2017 at 09:30 AM in Department 12
Unknown Event Type – Held – Taken under Submission

10/27/2017 at 09:30 AM in Department 12
Final Status Conference – Not Held – Advanced and Vacated

10/24/2017 at 09:30 AM in Department 12
Final Status Conference (Final Status Conference; Off Calendar) –

10/13/2017 at 09:30 AM in Department 12
Hearing on Motion to Compel ((Denied)) –

10/05/2017 at 09:30 AM in Department 12
Unknown Event Type – Held – Motion Granted

09/11/2017 at 09:30 AM in Department 12
Unknown Event Type – Held – Motion Granted

03/21/2017 at 09:00 AM in Department 12
Case Management Conference (Conference-Case Management; Trial Date Set) –

02/28/2017 at 09:00 AM in Department 12
Case Management Conference (Conference-Case Management; Matter continued) –

02/06/2017 at 08:30 AM in Department 12
Court Order – Held – Motion Granted

02/25/2016 at 00:00 AM in Department 12
Court Order

06/18/2014 at 09:30 AM in Department 12
Unknown Event Type – Held – Motion Granted

04/14/2014 at 10:00 AM in Department 12
Jury Trial

04/10/2014 at 00:00 AM in Department 12
Court Order – Held – Motion Granted

03/26/2014 at 09:30 AM in Department 12
Hearing on Motion for Summary Judgment – Held – Motion Granted

03/18/2014 at 08:45 AM in Department 26
Mandatory Settlement Conference (MSC)

03/14/2014 at 09:30 AM in Department 12
Hearing on Motion for Summary Judgment (Motion for Summary Judgment; Continued by Court) –

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 02/28/2014

02/28/2014 at 00:00 AM in Department 12
Court Order – Held – Motion Granted

02/19/2014 at 08:30 AM in Department 12
Ex-Parte Proceedings

01/22/2014 at 09:30 AM in Department 12
Hearing on Motion to Compel Further Discovery Responses (MOTION – COMPEL FURTHER RESPONSES; Granted in Part) –

01/07/2014 at 09:30 AM in Department 12
Unknown Event Type – Not Held – Taken Off Calendar by Court

07/02/2013 at 09:30 AM in Department 12
Unknown Event Type – Held – Motion Granted

05/31/2013 at 08:32 AM in Department 45
Hearing on Demurrer – without Motion to Strike (Hearing on Demurrer; Off Calendar) –

04/29/2013 at 09:00 AM in Department 12
Case Management Conference (Conference-Case Management; Order of Dismissal) –

01/10/2013 at 09:30 AM in Department 12
Hearing on Demurrer – without Motion to Strike (Hearing on Demurrer; Sustained) –

11/26/2012 at 08:30 AM in Department 45
Case Management Conference (Conference-Case Management; Off Calendar) –

11/16/2012 at 08:30 AM in Department 45
Unknown Event Type – Held – Motion Granted

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 02/28/2014

Register Of Actions
Case Information | Register Of Actions | FUTURE HEARINGS | PARTY INFORMATION | Documents Filed | Proceedings Held

Register of Actions (Listed in descending order)

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
10/27/2017 02/14/2017 04/10/2014 06/19/2013 09/17/2012

04/11/2018 NOTICE TO REPORTER TO PREPARE TRANSCRIPT ON APPEAL

04/11/2018 Ntc to Reptr/Mon to Prep Transcrpt
Filed by Clerk

03/19/2018 at 00:00 AM in Department 12
Ruling on Submitted Matter (Ruling on Submitted Matter; Granted in Part) –

03/19/2018 Minute Order

03/19/2018 Minute order entered: 2018-03-19 00:00:00
Filed by Clerk

03/16/2018 at 09:30 AM in Department 12
Hearing on Motion to Tax Costs – Held – Taken under Submission

03/16/2018 Minute order entered: 2018-03-16 00:00:00
Filed by Clerk

03/12/2018 Designation of Record on Appeal
Filed by Gale Reaves (Plaintiff)

03/12/2018 APPELLANT’S NOTICE DESIGNATING RECORD ON APPEAL

03/09/2018 Opposition Document
Filed by Gale Reaves (Plaintiff)

03/09/2018 PLAINTIFF’S REPLY TO DEFENDANT’S OPPOSITION TO MOTTION TO STRIKE OR TAX COST; DECLARATION OF EMMANUEL, C. AKUDINOBI IN SUPPORT THEREOF.

03/05/2018 DEFENDANTS’ OPPOSITION TO PLAINTIFF’S MOTION TO TAX COSTS; DECLARATION OF NICHOLAS A. HNATIUK IN SUPPORT THEREOF

03/05/2018 Opposition Document
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant)

02/23/2018 NOTICE OF DEFAULT (UNLIMITED CIVIL APPEALS)

02/23/2018 Notice
Filed by Clerk

02/20/2018 Motion to Tax Costs
Filed by Gale Reaves (Plaintiff)

02/20/2018 PLAINTIFF’S NOTICE OF MOTION AND MOTION TO TAX COST; DECLARATION OF EMMANUEL C. AKUDINOBI IN SUPPORT THEREOF

02/05/2018 NOTICE OF FILING OF NOTICE OF APPEAL

02/05/2018 Ntc to Attorney re Notice of Appeal
Filed by Clerk

02/02/2018 Notice of Appeal
Filed by Gale Reaves (Plaintiff)

02/02/2018 NOTICE OF APPEAL

01/26/2018 MEMO COSTS SUMMARY

01/26/2018 Memo of Costs
Filed by County of Los Angels Probation Dept. (Legacy Party)

01/08/2018 at 10:00 AM in Department 12
Jury Trial (Jury Trial; Order of Dismissal) –

01/08/2018 Minute order entered: 2018-01-08 00:00:00
Filed by Clerk

01/08/2018 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
Filed by County of Los Angels Probation Dept. (Legacy Party); County of Los Angeles (Defendant)

01/08/2018 Receipt
Filed by Gale Reaves (Plaintiff)

01/08/2018 Minute Order

01/08/2018 Minute Order

01/08/2018 CIVIL DEPOSIT

01/05/2018 Statement of the Case
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant) et al.

01/05/2018 Jury Instructions
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant) et al.

01/05/2018 DEFENDANTS’ SEPARATE STATEMENT IN SUPPORT OF MOTION IN LIMINE NO. 5 TO EXCLUDE EVIDENCE CONCERNING INFORMATION PLAINTIFF FAILED TO PROVIDE TO WRITTEN DISCOVERY PURSUANT TO PRIOR COURT ORDER

01/05/2018 Motion in Limine
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant) et al.

01/05/2018 DEFENDANTS’ NOTICE OF MOTION AND MOTION IN LIMINE NO.5 TO EXCLUDE EVIDENCE CONCERNING INFORMATION PLAINTIFF FAILED TO PROVIDE TO WRITTEN DISCOVERY PURSUANT TO PRIOR COURT ORDER

01/05/2018 DEFENDANTS’ LIST OF [PROPOSED] JURY INSTRUCTIONS

01/05/2018 Memorandum of Points & Authorities
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant) et al.

01/05/2018 DEFENDANTS’ STATEMENT OF THE CASE

01/04/2018 Exhibit List
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

01/04/2018 Request for Judicial Notice
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

01/04/2018 Declaration
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

01/04/2018 EVIDENCE AND DECLARATION OF NICHOLAS A. HNATIUK IN SUPPORT OF DEFENDANTS’ MOTIONS IN LIMINE NOS. 1-5; AND DEFENDANTS’ REQUEST FOR JUDICIAL NOTICE

01/04/2018 DEFENDANTS’ REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS’ MOTIONS IN LIMINE NOS. 1-5

01/03/2018 Motion in Limine
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

01/03/2018 Motion in Limine
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

01/03/2018 Motion in Limine
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant)

01/03/2018 DEFENDANTS’ NOTICE OF MOTION AND MOTION IN LIMINE NO. 3 TO ESTABLISH THAT PLAINTIFF CONSENTED TO THE 30-DAY SUSPENSION THAT WAS THE SUBJECT OF UNDERLYING CIVIL SERVICE COMMISSION CASE NO. 12-370

01/03/2018 DEFENDANTS’ NOTICE OF MOTION AND MOTION IN LIMINE NO. 1 TO DEEM THE FINDINGS OF FACT AND CONCLUSIONS OF LAW OF UNDERLYING CIVIL SERVICE COMMISSION CASE NO. 11-314 AS ESTABLISHED PURSUANT TO COLLATERAL ESTOPPEL

01/03/2018 DEFENDANTS’ NOTICE OF MOTION AND MOTION IN LIMINE NO. 4 TO EXCLUDE TESTIMONY AND OPINION OF PLAINTIFF’S DESIGNATED EXPERT WITNESS DR. JUBIN MERATI, PH.D. AT TRIAL

01/03/2018 DEFENDANTS’ NOTICE OF MOTION AND MOTION IN LIMINE NO. 2 TO PRECLUDE LIABILITY BASED UPON MATTERS PREVIOUSLY ADJUDICATED AS PART OF THIS LAWSUIT

12/19/2017 Notice
Filed by Gale Reaves (Plaintiff)

12/19/2017 NOTICE OF UNAVAILABILITY OF COUNSEL.

12/19/2017 Notice
Filed by Gale Reaves (Plaintiff)

11/29/2017 at 00:00 AM in Department 12
Ruling on Submitted Matter – Held – Motion Granted

11/29/2017 Minute order entered: 2017-11-29 00:00:00
Filed by Clerk

11/29/2017 Minute Order

11/06/2017 at 09:30 AM in Department 12
Unknown Event Type – Held – Taken under Submission

11/06/2017 at 09:30 AM in Department 12
Unknown Event Type – Not Held – Advanced and Vacated

11/06/2017 Minute order entered: 2017-11-06 00:00:00
Filed by Clerk

11/06/2017 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
Filed by County of Los Angeles (Defendant)

11/06/2017 Minute Order

11/06/2017 ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE

11/01/2017 DEFENDANTS’ OBJECTIONS TO EVIDENCE FILED BY PLAINTIFF IN OPPOSITION TO DEFENDANTS’ MOTION TO QUASH DEPOSITION SUBPOENA TO MICHAEL ODEN AND TO CLAUDIA CHASE; [PROPOSED] ORDER

11/01/2017 Objection Document
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

10/31/2017 Reply/Response
Filed by County of Los Angels Probation Dept. (Legacy Party); Andrea Washington (Defendant); La Car Williams (Defendant)

10/31/2017 REPLY IN SUPPORT OF MOTION FOR MONETARY, EVIDENCE, ISSUE AND TERMINATING SANCTIONS; SUPPLEMENTAL DECLARATION OF NICHOLAS A. KNATIUK

10/31/2017 Reply/Response
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

10/31/2017 REPLY IN SUPPORT OF MOTION TO QUASH DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE OF CLAUDIA CHASE AND REQUEST FOR SANCTIONS OF $750.00; ETC.

10/31/2017 REPLY IN SUPPORT OF MOTION TO QUASH DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE OF MICHAEL ODEN AND REQUEST FOR SANCTIONS OF $2,511.00; SUPPLEMENTAL DECLARATION OF NICHOLAS A. HNATIUK

10/31/2017 Reply/Response
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 10/27/2017 02/14/2017 04/10/2014 06/19/2013 09/17/2012

10/27/2017 at 09:30 AM in Department 12
Final Status Conference – Not Held – Advanced and Vacated

10/27/2017 AMENDED PROOF OF SERVICE RE: NOTICE OF MOTION AND MOTION FOR MONETARY, EVIDENCE, ISSUE AND TERMINATING SANCTIONS

10/27/2017 Minute order entered: 2017-10-27 00:00:00
Filed by Clerk

10/27/2017 Amended Proof of Service
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

10/26/2017 Opposition Document
Filed by Gale Reaves (Plaintiff)

10/26/2017 PLAINTIFF’S OPPOSITION TO MOTION FOR MONETARY, EVLDENTIARY, ISSUE, AND TERMINATING SANCTIONS; DECLARATION OF CHIJIOKE 0. IKONTE IN SUPPORT THEREOF

10/25/2017 Opposition Document
Filed by Gale Reaves (Plaintiff)

10/25/2017 PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO QUASH SERVICE OF PROCESS OF MICHAEL ODEN; DECLARATION OF EMMANUEL C. AKUDINOBI IN SUPPORT THEREOF

10/25/2017 PLAINTIFF’S OPPOSITION TO DEFENDANTS’ MOTION TO QUASH SERVICE OF PROCESS ON CLAUDIA CHASE; DECLARATION OF EMMANUEL C. AKUDINOHI IN SUPPORT THEREOF

10/25/2017 Opposition Document
Filed by Gale Reaves (Plaintiff)

10/24/2017 at 09:30 AM in Department 12
Final Status Conference (Final Status Conference; Off Calendar) –

10/24/2017 Minute order entered: 2017-10-24 00:00:00
Filed by Clerk

10/19/2017 DEFENDANTS’ SUPPLEMENTAL BRIEF IN OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL DEPOSITION OF COUNTY OF LOS ANGELES MOST QUALIFIED PERSON

10/19/2017 Opposition Document
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

10/13/2017 at 09:30 AM in Department 12
Hearing on Motion to Compel ((Denied)) –

10/13/2017 MOTION RULING AND RULINGS ON MISCELLANEOUS MATTERS

10/13/2017 Minute Order

10/13/2017 Minute order entered: 2017-10-13 00:00:00
Filed by Clerk

10/13/2017 Miscellaneous-Other
Filed by Court

10/13/2017 Stipulation and Order to use Certified Shorthand Reporter
Filed by Gale Reaves (Plaintiff)

10/13/2017 Objection Document
Filed by Gale Reaves (Plaintiff)

10/13/2017 STIPULATION AND OFDER TO USE CERTIFIED SHORTHAND REPORTER

10/13/2017 PLAENTIFF’S OBJECTIONS TO CONSOLIDATION OF CASE NO., BC 489065 AND CASE NO., BC 631171 FOR TRIAL

10/12/2017 NOTICE OF MOTION AND MOTION FOR MONETARY, EVIDENCE, ISSUE AND TERMINATING SANCTIONS

10/12/2017 DECLARATION OF NICHOLAS A. HNATIUK IN SUPPORT OF MOTION FOR MONETARY, EVIDENCE, ISSUE AND TERMINATING SANCTIONS

10/12/2017 DEFENDANTS’ OBJECTIONS TO PLAINTIFF’S REPLY, NOTICE OF ERRATA, AND ATTACHED EVIDENCE FILED IN SUPPORT OF MOTION TO COMPEL DEPOSITION OF COUNTY OF LOS ANGELES MOST QUALIFIED PERSON; [PROPOSED] ORDER

10/12/2017 Objection Document
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

10/12/2017 Motion for Sanctions
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

10/12/2017 Declaration
Filed by County of Los Angels Probation Dept. (Legacy Party)

10/10/2017 DECLARATION OF MICHAEL ODEN IN SUPPORT OF MOTION TO QUASH DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE OF MICHAEL ODEN

10/10/2017 Declaration
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant)

10/06/2017 Notice
Filed by Gale Reaves (Plaintiff)

10/06/2017 Reply to Opposition
Filed by Gale Reaves (Plaintiff)

10/06/2017 REPLY TO DEFENDANT’S OPPOSITION TO MOTION TO COMPEL DEPOSITION OF COUNTY OF LOS ANGELES MOST QUALIFIED PERSON (PMQ) REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $2,310; ETC

10/06/2017 NOTICE OF ERRATA RE: MOTION TO COMPEL DEPOSITION OF COUNTY OF LOS ANGELES PERSON(S) MOST QUALIFIED (PMQ) REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $2,310; ETC

10/05/2017 at 09:30 AM in Department 12
Unknown Event Type – Held – Motion Granted

10/05/2017 Minute Order

10/05/2017 Motion to Quash
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

10/05/2017 Motion to Quash
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

10/05/2017 DECLARATION OF CLAUDIA CHASE IN SUPPORT OF MOTION TO QUASH DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE OF CLAUDIA CHASE

10/05/2017 NOTICE OF MOTION AND MOTION TO QUASH DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE OF MICHAEL ODEN; ETC.

10/05/2017 Declaration
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

10/05/2017 Minute order entered: 2017-10-05 00:00:00
Filed by Clerk

10/05/2017 NOTICE OF MOTION AND MOTION TO QUASH DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE OF CLAUDIA CHASE; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR SANCTIONS OF $750.00; DECLARATION OF NICHOLAS A. HNATIUK

09/29/2017 DEFENDANTS OPPOSITION TO MOTION TO COMPEL DEPOSITION OF COUNTY OF LOS ANGELES MOST QUALIFIED PERSON; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF NICHOLAS A. HNATIUK

09/29/2017 STATEMENT OF NON-OPPOSITION TO MOTION TO BIFURCATE

09/29/2017 Notice
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant)

09/29/2017 Opposition Document
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

09/20/2017 Motion to Compel
Filed by Gale Reaves (Plaintiff)

09/20/2017 NOTICE OF MOTION AND MOTION TO COMPEL. DEPOSITION OF COUNTY OF LOS ANGELES MOST QUALIFIED PERSON (PMQ) REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $2,310; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; ETC

09/11/2017 at 09:30 AM in Department 12
Unknown Event Type – Held – Motion Granted

09/11/2017 Minute order entered: 2017-09-11 00:00:00
Filed by Clerk

09/11/2017 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
Filed by County of Los Angels Probation Dept. (Legacy Party)

09/11/2017 ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE

09/11/2017 NOTICE OF MOTION AND MOTION BIFURCATE; MEMORANDUM OF POINTS AND AUTHORITIES

09/11/2017 Minute Order

09/11/2017 Notice of Motion
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

09/01/2017 Notice
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant)

09/01/2017 STATEMENT OF NON-OPPOSITIONS TO DEFENDANTS’ MOTIONS TO COMPEL PLAINTIFF’S DISCOVERY RESPONSES

08/07/2017 NOTICE OF MOTION AND MOTION FOR AN ORDER COMPELLING PLAINTIFF TO RESPOND TO SPECIAL INTERROGATORIES (SET ONE); ETC.

08/07/2017 NOTICE OF MOTION AND MOTION FOR AN ORDER COMPELLING PLAINTIFF TO RESPOND TO EMPLOYMENT FORM INTERROGATORIES (SET ONE); ETC.

08/07/2017 Motion to Compel
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

08/07/2017 Motion to Compel
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

08/07/2017 Motion to Compel
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

08/07/2017 Motion to Compel
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

08/07/2017 NOTICE OF MOTION AND MOTION FOR AN ORDER COMPELLING PLAINTIFF TO RESPOND TO FORM INTERROGATORIES, GENERAL (SET ONE);ETC.

08/07/2017 NOTICE OF MOTION AND MOTION TO DEEM ADMISSIONS BE ADMITTED; ETC.

03/28/2017 DEFENDANTS’ NOTICE OF POSTING JURY FEE DEPOSIT

03/28/2017 Receipt
Filed by Defendant/Respondent

03/28/2017 CIVIL DEPOSIT

03/28/2017 Notice
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant)

03/21/2017 at 09:00 AM in Department 12
Case Management Conference (Conference-Case Management; Trial Date Set) –

03/21/2017 Minute Order

03/21/2017 Minute order entered: 2017-03-21 00:00:00
Filed by Clerk

03/17/2017 Reply/Response
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

03/17/2017 REPLY TO PLAINTIFF’S BRIEF FOR THE 3/27/17 CASE MANAGEMENT CONFERENCE

03/14/2017 MEMORANDUM OF POINTS AND AUTHORITIES REGARDING THE VIABILITY OF A CLAIM FOR TORTIOUS INTERFERENCE WITH A CONTRACTUAL RELATIONSHIPS. AND/OR A PROSPECTIVE BUSINESS/ECONOMIC ADVANTAGE.

03/14/2017 Brief
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

03/14/2017 Points and Authorities
Filed by Gale Reaves (Plaintiff)

03/14/2017 Points and Authorities
Filed by Gale Reaves (Plaintiff)

03/14/2017 MEMORANDUM OF POINTS AND AUTHORITIES REGARDING THE VIABILITY OF A CLAIM FOR TORTIOUS INTERFERENCE WITH A CONTRACTUAL RELATIONSHIP AND/OR A PROSPECTIVE BUSINESS /ECONOMIC ADVANTAGE

03/14/2017 DEFENDANTS’ POSITIONAL BRIEF FOR THE 3/27/17 CASE MANAGEMENT CONFERENCE

02/28/2017 at 09:00 AM in Department 12
Case Management Conference (Conference-Case Management; Matter continued) –

02/28/2017 Minute order entered: 2017-02-28 00:00:00
Filed by Clerk

02/28/2017 Minute Order

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 10/27/2017 02/14/2017 04/10/2014 06/19/2013 09/17/2012

02/14/2017 DEFENDANTS’ TRIAL BRIEF FOR CASE MANAGEMENT CONFERENCE

02/14/2017 Brief
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

02/06/2017 at 08:30 AM in Department 12
Court Order – Held – Motion Granted

02/06/2017 Minute Order

02/06/2017 Minute order entered: 2017-02-06 00:00:00
Filed by Clerk

01/25/2017 NOTICE OF CASE MANAGEMENT CONFERENCE

01/25/2017 NOTICE OF CASE MANAGEMENT CONFERENCE

01/25/2017 Notice of Case Management Conference
Filed by Clerk

01/24/2017 Notice of Case Management Conference
Filed by Clerk

01/13/2017 Request
Filed by Gale Reaves (Plaintiff)

01/13/2017 REQUEST TO SET STATUS CONFERENCE OR IN THE ALTERNATIVE CASE MANAGEMENT CONFERENCE

01/11/2017 NOTICE OF RELATED CASE

01/11/2017 Notice of Related Case
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

12/14/2016 Notice of Change of Address or Other Contact Information
Filed by Gale Reaves (Plaintiff)

12/14/2016 NOTICE OF CHANGE OF ADDRESS

06/16/2016 DEFENDANTS’ ANSWER TO PLAINTIFF’S THIRD AMENDED COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL

06/16/2016 Answer to Third Amended Complaint
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant)

04/20/2016 THIRD AMENDED COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL

04/20/2016 Third Amended Complaint
Filed by Gale Reaves (Plaintiff)

02/26/2016 Unknown Document Type
Filed by Clerk

02/26/2016 REMITTITUR

02/25/2016 at 00:00 AM in Department 12
Court Order

02/25/2016 Minute order entered: 2016-02-25 00:00:00
Filed by Clerk

02/25/2016 Minute Order

06/20/2014 NOTICE OF RULING ON PLAINTIFFS MOTION TO STRIKE COSTS

06/20/2014 Notice of Ruling
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant) et al.

06/18/2014 at 09:30 AM in Department 12
Unknown Event Type – Held – Motion Granted

06/18/2014 Minute Order

06/18/2014 Minute order entered: 2014-06-18 00:00:00
Filed by Clerk

06/05/2014 DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION TO TAX COSTS

06/05/2014 Opposition Document
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant) et al.

06/03/2014 APPELLANTS NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE)

06/03/2014 Designation of Record on Appeal
Filed by Gale Reaves (Plaintiff)

05/12/2014 PLAINTIFFS MOTION TO STRIKE COSTS OR IN THE ALTERNATIVE TAX COSTS; MEMORANDUM OF POINTS AN]) AUTHORITIES IN SUPPORT THEREOF.

05/12/2014 Motion to Strike
Filed by Gale Reaves (Plaintiff)

04/28/2014 NOTICE TO ATTORNEY IN RE NOTICE OF APPEAL

04/28/2014 Ntc to Attorney re Notice of Appeal
Filed by Clerk

04/25/2014 NOTICE OF APPEAL/CROSS-APPEAL (UNLIMITED CIVIL CASE) (APPELLATE)

04/25/2014 Notice of Appeal
Filed by Gale Reaves (Plaintiff)

04/23/2014 Notice of Entry of Judgment
Filed by Defendant/Respondent

04/23/2014 NOTICE OF ENTRY OF JUDGMENT

04/23/2014 Memorandum of Costs
Filed by Defendant/Respondent

04/14/2014 at 10:00 AM in Department 12
Jury Trial

04/14/2014 Minute order entered: 2014-04-14 00:00:00
Filed by Clerk

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 10/27/2017 02/14/2017 04/10/2014 06/19/2013 09/17/2012

04/10/2014 at 00:00 AM in Department 12
Court Order – Held – Motion Granted

04/10/2014 ORDER GRANTING SUMMARY JUDGMENT

04/10/2014 Minute Order

04/10/2014 JUDGMENT

04/10/2014 Judgment
Filed by Defendant/Respondent

04/10/2014 Order
Filed by Defendant/Respondent

04/10/2014 JUDGMENT

04/10/2014 Minute order entered: 2014-04-10 00:00:00
Filed by Clerk

03/27/2014 Notice of Ruling
Filed by County of Los Angels Probation Dept. (Legacy Party)

03/27/2014 NOTICE OF RULING AT HEARING ON MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION

03/26/2014 at 09:30 AM in Department 12
Hearing on Motion for Summary Judgment – Held – Motion Granted

03/26/2014 Minute order entered: 2014-03-26 00:00:00
Filed by Clerk

03/26/2014 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
Filed by Plaintiff/Petitioner

03/26/2014 ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE

03/26/2014 Minute Order

03/24/2014 Declaration
Filed by Gale Reaves (Plaintiff)

03/24/2014 Reply/Response
Filed by Gale Reaves (Plaintiff)

03/24/2014 Opposition Document
Filed by Gale Reaves (Plaintiff)

03/24/2014 PLAINTIFFS RESPONSE TO DEFENDANTS SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS AND PLAINTIFFS OWN STATEMENT OF UNCONTROVERTED FACTS

03/24/2014 PLAINTIFF – GALE REAVES DECLARATION IN OPPOSITION TO THE DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION

03/24/2014 PLAINTIFF – GALE REAVES MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION.

03/24/2014 DECLARATION OF EMMANUEL C. AKUDINOBI IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION.

03/24/2014 Opposition Document
Filed by Gale Reaves (Plaintiff)

03/21/2014 Reply/Response
Filed by County of Los Angels Probation Dept. (Legacy Party)

03/21/2014 DEFENDANTS REPLY IN FURTHER SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF THE ISSUES

03/18/2014 at 08:45 AM in Department 26
Mandatory Settlement Conference (MSC)

03/18/2014 Declaration
Filed by County of Los Angels Probation Dept. (Legacy Party)

03/18/2014 [JETENDANTS NOTICE 01 MOTION AND MOTION IN LIMINE NO. 2 (THAT THE FINAL ACTION OF THE CIVIL SERVICE COMMISSION BE AFFORDED COLLATERAL ESTOPPEL)

03/18/2014 DECLARATION OF SCOTT NENNI RE MEET AND CONFER RE MOTIONS IN LIMINE

03/18/2014 COUNTY’S MOTION IN LLMINE NO. I TO ADMIT FORMER TESTIMONY IN EVIDENCE

03/18/2014 Minute order entered: 2014-03-18 00:00:00
Filed by Clerk

03/18/2014 Motion in Limine
Filed by County of Los Angels Probation Dept. (Legacy Party)

03/18/2014 Motion in Limine
Filed by County of Los Angels Probation Dept. (Legacy Party)

03/14/2014 at 09:30 AM in Department 12
Hearing on Motion for Summary Judgment (Motion for Summary Judgment; Continued by Court) –

03/14/2014 Minute order entered: 2014-03-14 00:00:00
Filed by Clerk

03/04/2014 NOTICE OF RULING ON THE PLAINTIFFS EX PARTE APPLICATION TO CONTINUE THE TRIAL DATE AND SUMMARY JUDGMENT HEARING DATES AND FOR A RULING ON WHEN DATE THE COUNTY, ETC

03/04/2014 Notice of Ruling
Filed by Plaintiff/Petitioner

02/28/2014 at 00:00 AM in Department 12
Court Order – Held – Motion Granted

02/28/2014 Minute Order

02/28/2014 Minute order entered: 2014-02-28 00:00:00
Filed by Clerk

02/19/2014 at 08:30 AM in Department 12
Ex-Parte Proceedings

02/19/2014 Minute Order

02/19/2014 DEFENDANTS OPPOSITION TO PLAINTIFFS EX PARTE APPLICATION TO CONTINUE TRIAL AND SUMMARY JUDGMENT DATES

02/19/2014 Minute order entered: 2014-02-19 00:00:00
Filed by Clerk

02/19/2014 Opposition Document
Filed by Defendant/Respondent

02/19/2014 EX PARTE APPLICATION FOR AN ORDER CONTINUING THE HEARING DATE FOR THE DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND/OR ADJUDICATION AND TO CONTINUE THE TRIAL AND FINAL STATUS CONFERENCE DATES IN THIS MATTER, AND FOR AN ORDER REGARDING DEFENDANTS SUPPLEMENTAL

02/19/2014 Ex-Parte Application
Filed by Plaintiff/Petitioner

01/22/2014 at 09:30 AM in Department 12
Hearing on Motion to Compel Further Discovery Responses (MOTION – COMPEL FURTHER RESPONSES; Granted in Part) –

01/22/2014 Minute order entered: 2014-01-22 00:00:00
Filed by Clerk

01/22/2014 STIPULATION AND ORDER TO USE CERTIFIED SHORTHAND REPORTER

01/22/2014 Minute Order

01/22/2014 Stipulation and Order to use Certified Shorthand Reporter
Filed by Plaintiff/Petitioner

01/08/2014 Opposition Document
Filed by County of Los Angeles (Defendant)

01/08/2014 Miscellaneous-Other
Filed by County of Los Angels Probation Dept. (Legacy Party)

01/08/2014 DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, AND FOR $1,550.00 IN SANCTIONS; DECLARATION OF SCOTT NENNI

01/08/2014 DEFENDANTS SEPARATE STATEMENT OPPOSITION TO PLAINTIFFS MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES

01/07/2014 at 09:30 AM in Department 12
Unknown Event Type – Not Held – Taken Off Calendar by Court

01/07/2014 Minute order entered: 2014-01-07 00:00:00
Filed by Clerk

01/07/2014 Minute Order

12/30/2013 Miscellaneous-Other
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant) et al.

12/30/2013 Statement of Facts
Filed by County of Los Angeles (Defendant)

12/30/2013 Miscellaneous-Other
Filed by Marina Rojas (Defendant); Andrea Washington (Defendant); La Car Williams (Defendant) et al.

12/30/2013 DEFENDANTS SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS

12/30/2013 DEFENDANTS EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT – VOL. 1 OF 2

12/30/2013 DEFENDANTS NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES

12/30/2013 DEFENDANTS EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT – VOL.2 OF 2

12/30/2013 Motion for Summary Judgment
Filed by County of Los Angeles (Defendant)

12/13/2013 NOTICE OF MOTION & MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFFS FORM INTEROGATORIES – EMPLOYMENT LAW; REQUEST FOR MONETARY SANCION $6,250 AGAINST THE COUNTY AND ITS COUNSELS RECORD, SCOTT NENI AND CALVIN R. HOUSE; DECLARATION OF EMMANUEL C. AKUDINOBI

12/13/2013 PLAINTIFFS SEPARATE STATEMENT IN SUPPORT OF HER MOTION TO COMPEL FURTHER RESPONSES TO HER FORM INTERROGATORIES PROPOUNDED TO DEFENDANT THE COUNTY OF LOS ANGELES.

12/13/2013 Miscellaneous-Other
Filed by Plaintiff/Petitioner

12/13/2013 Motion to Compel
Filed by Gale Reaves (Plaintiff)

11/20/2013 Notice of Motion
Filed by County of Los Angeles (Defendant)

11/20/2013 DEFENDANTS NOTICE OF MOTION AND MOTION FOR AN ORDER COMPELLING PLAINTIFF TO APPEAR FOR DEPOSITION, AND ETC

08/15/2013 Answer to Second Amended Complaint
Filed by County of Los Angels Probation Dept. (Legacy Party); County of Los Angeles (Defendant)

08/15/2013 DEFENDANTS ANSWER TO PLAINTIFFS SECOND AMENDED COMPLAINT FOR DAMAGES

07/10/2013 COMPLAINTPERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH – [I] AMENDED (NUMBER): SECOND

07/10/2013 Second Amended Complaint
Filed by Gale Reaves (Plaintiff)

07/02/2013 at 09:30 AM in Department 12
Unknown Event Type – Held – Motion Granted

07/02/2013 Minute order entered: 2013-07-02 00:00:00
Filed by Clerk

07/02/2013 NOTICE OF RULING RE: PLAINTIFFS MOTION TO SET ASIDE DISMISSAL OF HER LAWSUIT WITH PREJUDICE

07/02/2013 Notice of Ruling
Filed by Plaintiff/Petitioner

07/02/2013 MINUTE ORDER

07/02/2013 CIVIL DEPOSIT

06/25/2013 PLAINTIFFS REPLY TO DEFENDANT COUNTY OF LOS ANGELES OPPOSITION TO HER MOTION FOR MANDATORY RELIEF FROM AN ORDER DISMISSING HER LAWSUIT WITH PREJUDICE; DECLARATION OF EMMANUEL C. AKUDINOBI IN SUPPORT THEREOF

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 10/27/2017 02/14/2017 04/10/2014 06/19/2013 09/17/2012

06/19/2013 Opposition Document
Filed by County of Los Angels Probation Dept. (Legacy Party)

06/19/2013 DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR MANDATORY RELIEF FROM AN ORDER DISMISSING PLAINTIFFS LAWSUIT WITH PREJUDICE AND REQUEST FOR ATTORNEYS FEES; DECLARATION OF SCOTT NENNI IN SUPPORT THEREOF

06/05/2013 NOTICE OF MOTION & MOTION FOR MANDATORY RELIEF FROM AN ORDER DISMISSING PLAINTIFFS LAWSUIT WITH PREJUDICE

06/05/2013 Motion
Filed by Gale Reaves (Plaintiff)

05/31/2013 at 08:32 AM in Department 45
Hearing on Demurrer – without Motion to Strike (Hearing on Demurrer; Off Calendar) –

05/31/2013 Minute order entered: 2013-05-31 00:00:00
Filed by Clerk

04/30/2013 NOTICE OF RULING AT CASE MANAGEMENT CONFERENCE

04/30/2013 Notice of Ruling
Filed by Defendant/Respondent

04/29/2013 at 09:00 AM in Department 12
Case Management Conference (Conference-Case Management; Order of Dismissal) –

04/29/2013 MINUTE ORDER

04/29/2013 Minute order entered: 2013-04-29 00:00:00
Filed by Clerk

04/11/2013 Case Management Statement
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant) et al.

04/11/2013 CASE MANAGEMENT STATEMENT

01/22/2013 DEFENDANTS’ ANSWER TO PLAINTIFF’S FIRST AMENDED COMPLAINT FOR DAMAGES

01/22/2013 Answer to First Amended Complaint
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant) et al.

01/11/2013 Notice of Ruling
Filed by Defendant/Respondent

01/11/2013 NOTICE OF RULING RE: DEFENDANTS DEMURRER AND MOTION TO STAY; AND NOTICE OF CASE MANAGEMENT HEARING

01/10/2013 at 09:30 AM in Department 12
Hearing on Demurrer – without Motion to Strike (Hearing on Demurrer; Sustained) –

01/10/2013 Minute Order

01/10/2013 Minute order entered: 2013-01-10 00:00:00
Filed by Clerk

01/03/2013 DEFENDANTS REPLY IN FURTHER SUPPORT OF DEMURRER TO FIRST AMENDED COMPLAINT

01/03/2013 Reply/Response
Filed by Defendant/Respondent

01/03/2013 DEFENDANTS REPLY IN FURTHER SUPPORT OF MOTION TO STAY

01/03/2013 Reply/Response
Filed by Defendant/Respondent

12/14/2012 PLAINTIFFS OPPOSITION TO DEFENDANTS DEMURRER TO HER FIRST AMENDED COMPLAINT

12/14/2012 PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO STAY

12/14/2012 Opposition Document
Filed by Plaintiff/Petitioner

12/06/2012 Defendant’s Demurrer
Filed by Defendant/Respondent

12/06/2012 Motion
Filed by Defendant/Respondent

12/06/2012 DEFENDANTS AMENDED NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT

12/06/2012 DEFENDANTS NOTICE OF MOTION AND MOTION TO STAY CIVIL LAWSUIT PENDING OUTCOME OF LOS ANGELES COUNTY CIVIL SERVICE COMMISSION HEARING; DECLARATION OF DANIEL C. CARMICHAEL III AND EXHIBITS THERETO

12/05/2012 DEFENDANTS NOTICE OF DEMURRFR AND DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT

12/05/2012 Miscellaneous-Other
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant) et al.

12/05/2012 INDEX OF FEDERAL CASES IN SUPPORT OF DEFENDANTS DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT

12/05/2012 Demurrer
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant) et al.

11/30/2012 COMPLAINT- PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH FIRST AMENDED

11/30/2012 Amended Complaint
Filed by Gale Reaves (Plaintiff)

11/26/2012 at 08:30 AM in Department 45
Case Management Conference (Conference-Case Management; Off Calendar) –

11/26/2012 Minute order entered: 2012-11-26 00:00:00
Filed by Clerk

11/21/2012 Notice
Filed by Defendant/Respondent

11/21/2012 DEFENDANTS’ AMENDED NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT

11/16/2012 at 08:30 AM in Department 45
Unknown Event Type – Held – Motion Granted

11/16/2012 Minute Order

11/16/2012 Minute order entered: 2012-11-16 00:00:00
Filed by Clerk

11/09/2012 CASE MANAGEMENT STATEMENT

11/09/2012 AFFIDAVIT OF PREJUDICE PEREMPTORY CHALLENGE TO JUDICIAL OFFICER

11/09/2012 Challenge To Judicial Officer – Peremptory (170.6)
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); La Car Williams (Defendant)

11/09/2012 Case Management Statement
Filed by Defendant/Respondent

11/09/2012 Case Management Statement
Filed by Defendant/Respondent

11/05/2012 INDEX OF FEDERAL CASES IN SUPPORT OF DEFENDANTS DEMURRER TO PLAINTIFFS COMPLAINT

11/05/2012 Demurrer
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant) et al.

11/05/2012 Miscellaneous-Other
Filed by County of Los Angels Probation Dept. (Legacy Party); Marina Rojas (Defendant); Andrea Washington (Defendant) et al.

11/05/2012 DEFENDANTS NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS COMPLAINT

10/26/2012 Proof-Service/Summons
Filed by Gale Reaves (Plaintiff)

10/26/2012 PROOF OF SERVICE SUMMONS

10/26/2012 PROOF OF SERVICE SUMMONS

10/26/2012 PROOF OF SERVICE SUMMONS

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 10/27/2017 02/14/2017 04/10/2014 06/19/2013 09/17/2012

09/17/2012 NOTICE OF CASE MANAGEMENT CONFERENCE

09/17/2012 Notice of Case Management Conference
Filed by Clerk

07/25/2012 SUMMONS

07/25/2012 COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

07/25/2012 Complaint
Filed by Gale Reaves (Plaintiff)

Torres v University of California case docket

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Case Number: SC123494
TY
Filing Courthouse: Stanley Mosk Courthouse

Filing Date: 01/02/2015
Case Type: Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
Status: Verdict 09/25/2017

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FUTURE HEARINGS
Case Information | Register Of Actions | FUTURE HEARINGS | PARTY INFORMATION | Documents Filed | Proceedings Held

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PARTY INFORMATION
Case Information | Register Of Actions | FUTURE HEARINGS | PARTY INFORMATION | Documents Filed | Proceedings Held

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
A – G H – L M – S T – Y

AMERICAN CASUALTY COMPANY – Assignee

AMERICAN CASUALTY COMPANY – Assignee

ANESTHEISA VALLEY – Defendant

ANESTHEISA VALLEY – Defendant

BONNE BRIDGES MUELLER O’KEEFE & NICHOL – Attorney for Defendant

BONNE BRIDGES MUELLER O’KEEFE & NICHOL – Attorney for Defendant

BOYCE SCHAEFFER MAINIERI LLP – Attorney for Defendant

BOYCE SCHAEFFER MAINIERI LLP – Attorney for Defendant

CONNELY MARK B. – Attorney for Defendant

CONNELY MARK B. – Attorney for Defendant

DOE 6: RICHARD A. PAULSEN CRNA – Defendant

DOE 6: RICHARD A. PAULSEN CRNA – Defendant

DOE 7: VIKAS R. PUNJABI DO – Defendant

DOE 7: VIKAS R. PUNJABI DO – Defendant

DOE 8: LAWRENCE R. ROUBEN MD – Defendant

DOE 8: LAWRENCE R. ROUBEN MD – Defendant

ESTATE OF PHYLLIS MCQUILLIAMS AND – Plaintiff

ESTATE OF PHYLLIS MCQUILLIAMS AND – Plaintiff

GHAI VIKAS M.D. – Defendant

GHAI VIKAS M.D. – Defendant

GIOVANNIELLO LAW GROUP – Attorney for Defendant

GIOVANNIELLO LAW GROUP – Attorney for Defendant

GONZALEZ MICHAEL – Attorney for Defendant

GONZALEZ MICHAEL – Attorney for Defendant

GRIMES JAMES B. M.D. – Defendant

GRIMES JAMES B. M.D. – Defendant

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP A – G H – L M – S T – Y

HALL HIEATT & CONNELY LLP – Attorney for Defendant

HALL HIEATT & CONNELY LLP – Attorney for Defendant

HART II HOYT – Attorney for Plaintiff

HART II HOYT – Attorney for Plaintiff

HEALTH SOUTH CORPORATION – Defendant Erroneously Sued As

HEALTH SOUTH CORPORATION – Defendant Erroneously Sued As

HEALTHSOUTH BAKERSFIELD REHABILITATION – Deft’s DBA

HEALTHSOUTH BAKERSFIELD REHABILITATION – Defendant

HEALTHSOUTH BAKERSFIELD REHABILITATION – Defendant

HOLLOWAY WILLIAM – Plaintiff

HOLLOWAY WILLIAM – Plaintiff

IPE JOSEPH M.D. – Defendant

IPE JOSEPH M.D. – Defendant

JONES KYLE W. – Attorney for Plaintiff

JONES KYLE W. – Attorney for Plaintiff

KERN BONE & JOINT SPECIALISTS – Defendant

KERN BONE & JOINT SPECIALISTS – Defendant

KINDRED HOSPITAL-LOS ANGELES (DOE 1) – Defendant

KINDRED HOSPITAL-LOS ANGELES DOE 1 – Defendant

LAMB MICHAEL V. – Attorney for Defendant

LAMB MICHAEL V. – Attorney for Defendant

LEBEAU THELEN – Attorney for Defendant

LEWIS BRISBOIS BISGAARD & SMITH LLP – Attorney for Defendant

LEWIS BRISBOIS BISGAARD & SMITH LLP – Attorney for Creditor

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP A – G H – L M – S T – Y

MCCORMICK BARSTOW SHEPPARD WAYTE&CARRUTH – Attorney for Defendant

MCCORMICK BARSTOW SHEPPARD WAYTE&CARRUTH – Attorney for Defendant

MISH ESQ. ALAN J. – Attorney for Defendant

MISH ESQ. ALAN J. – Attorney for Defendant

OSBORN PATRICK J. – Attorney for Defendant

OSBORN PATRICK J. – Attorney for Defendant

PACKER O’LEARY & CORSON – Attorney for Defendant

PACKER O’LEARY & CORSON – Attorney for Defendant

PACKER ROBERT B. – Former Attorney for Defendant

PATRICK J. OSBORN ESQ – Attorney for Defendant

PATRICK J. OSBORN ESQ – Attorney for Defendant

PAULSEN RICHARD A. – Defendant

PAULSEN RICHARD A. – Defendant

RAMAN M.D. SHANKAR – Defendant

RAMAN M.D. SHANKAR – Defendant

REBACK MCANDREWS KJAR WARFORD STOCKAPLER – Attorney for Defendant

REBACK MCANDREWS KJAR WARFORD STOCKAPLER – Attorney for Defendant

ROUBEN LAWRENCE – Defendant

ROUBEN LAWRENCE – Defendant

SAN JOAQUIN COMMUNITY HOSPITAL – Defendant

SAN JOAQUIN COMMUNITY HOSPITAL – Defendant

SARKIES MD NADIM W. – Defendant

SARKIES MD NADIM W. – Defendant

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP A – G H – L M – S T – Y

THC ORANGE COUNTY INC. – Defendant

THC ORANGE COUNTY INC. – Defendant

THE REGENTS OF THE UNIVERSITY OF – Defendant

THE REGENTS OF THE UNIVERSITY OF – Defendant

THELEN DENNIS R. – Attorney for Defendant

THELEN DENNIS R. – Attorney for Defendant

THELEN LEBEAU – Attorney for Defendant

TORRES CHRIS INDIVIDUALLY AND AS – Plaintiff

TORRES CHRIS INDIVIDUALLY AND AS – Plaintiff

UCLA MEDICAL CENTER SANTA MONICA – Defendant’s AKA

UCLA MEDICAL CENTER SANTA MONICA – Deft’s AKA

WAINWRIGHT DANIEL L. – Attorney for Defendant

WAINWRIGHT DANIEL L. – Attorney for Defendant

YOO MD JAY – Defendant

YOO MD JAY – Defendant

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP A – G H – L M – S T – Y

Documents Filed
Case Information | Register Of Actions | FUTURE HEARINGS | PARTY INFORMATION | Documents Filed | Proceedings Held

Documents Filed (Filing dates listed in descending order)

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
09/29/2017 08/21/2017 06/20/2017 03/27/2017 02/08/2017 11/15/2016 08/23/2016 04/15/2016 11/23/2015 07/20/2015 03/24/2015

02/25/2019 Appeal – Remittitur – Appeal Dismissed (B287436)
Filed by Clerk

12/31/2018 Acknowledgment of Satisfaction of Judgment
Filed by Torres, Chris, individually and as (Plaintiff)

12/31/2018 Acknowledgment of Satisfaction of Judgment
Filed by Torres, Chris, individually and as (Plaintiff)

04/11/2018 Abstract of Judgment – Civil and Small Claims
Filed by Creditor

04/11/2018 Abstract of Judgment Issued (ABSTRACT ISSUED AND MAILED IN SASE )
Filed by Attorney for Creditor

03/28/2018 Assignment of Judgment
Filed by Assignee

03/28/2018 Assignment of Judgment (ACKNOWLEDGMENT OF ASSIGNMENT OF JUDGMENT FILED. )
Filed by Attorney for Assignee

03/21/2018 Ntc to Reptr/Mon to Prep Transcrpt
Filed by Clerk

03/21/2018 Ntc to Reptr/Mon to Prep Transcrpt
Filed by Clerk

03/15/2018 Notice of Designation of Record
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

03/15/2018 Notice of Designation of Record (PLAINTIFF’S CLARIFICATION OF DESIGNATION OF REPORTER’S TRANSCRIPT ON APPEAL FILED BY HOYT E. HART II BEHALF OF TORRES; MCQUILLIAMS AND HOLLOWAY )
Filed by Attorney for Appellant

03/14/2018 Assignment of Judgment
Filed by Assignee

03/14/2018 Assignment of Judgment (ASSIGNMENT OF JUDGMENT FILED. OLD RICHARD PAULSEN NEW AMERICAN CASUALTY COMPANY P.O. BOX 8317 CHICAGO, IL 60680- 8317)
Filed by Attorney for Assignee

03/01/2018 Notice
Filed by Richard A. Paulsen (Defendant)

03/01/2018 Notice (NOTICE OF ENTRY OF JUDGMENT RE: MEMORANDUM OF COSTS RECEIVED BY THE COURT ON 10-27-17 )
Filed by Attorney for Defendant

01/24/2018 Notice
Filed by Clerk

01/24/2018 Notice (OF DEFAULT ON APPEAL )
Filed by Clerk

01/11/2018 Ntc to Attorney re Notice of Appeal
Filed by Clerk

01/11/2018 Ntc to Atty re Notice of Appeal
Filed by Clerk

01/05/2018 Judgment
Filed by Richard A. Paulsen (Defendant)

01/05/2018 Judgment (RE MEMORANDUM OF COSTS RECEIVED BY THE COURT ON OCTOBER 27, 2017 )
Filed by Attorney for Defendant

12/19/2017 Designation of Record on Appeal
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

12/19/2017 Notice of Appeal
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

12/19/2017 Notice

12/19/2017 Notice

12/19/2017 Designation of Record on Appeal
Filed by Attorney for Plaintiff

12/19/2017 Notice of Appeal
Filed by Attorney for Plaintiff

12/19/2017 Notice (NOTICE OF APPEAL FILED AND BEING F FORWARDED TO THE APPEAL’S DEPT. OF THE STANLEY MOSK COURTHOUSE. )
Filed by Attorney for Plaintiff

12/19/2017 Notice (NOTICE OF APPEAL FILED WITH THE COURT AND WAS SENT TO DEPARTMENT IN EROR ON 12/19/17. APPEAL IS BEING FORWARDED TO THE APPEALS DEPARTMENT AT STANLEY MOSK COURT )
Filed by Attorney for Plaintiff

11/22/2017 Notice
Filed by ROBERT B. PACKER (Attorney); M.D., SHANKAR RAMAN (Defendant)

11/22/2017 Notice
Filed by Attorney for Defendant

11/16/2017 Application
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

11/16/2017 Notice
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

11/16/2017 Order
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

11/16/2017 Application – misc (FOR ORDER DETERMINING GOOD FAITH SETTLEMENT BY DEFENDANT VIKAS GHAI, M.D. )
Filed by Attorney for Defendant

11/16/2017 Notice (OF SETTLEMENT AS TO DEFENDANT VIKAS GHAI, M.D. )
Filed by Attorney for Defendant

11/16/2017 Order (DETERMINING GOOD FAITH SETTLEMENT )
Filed by Attorney for Defendant

11/09/2017 Notice
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

11/09/2017 Application
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

11/09/2017 Order
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

11/09/2017 Notice
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

11/09/2017 Notice (OF SETTLEMENT AS TO DEFENDANT SHANKAR RAMAN M.D. )
Filed by Attorney for Defendant

11/09/2017 Application – Miscellaneous (FOR ORDER DETERMINING GOOD FAITH SETTLEMENT BY DEFENDANT, SHANKAR RAMAN M.D.; )
Filed by Attorney for Defendant

11/09/2017 Order (determining good faith settlement )
Filed by Attorney for Defendant

11/09/2017 Notice (OF INTENTION TO MOVE FOR A NEW TRIAL )
Filed by Attorney for Plaintiff

10/27/2017 Notice of Entry of Judgment
Filed by Richard A. Paulsen (Defendant)

10/27/2017 Memorandum of Costs
Filed by Defendant

10/27/2017 Notice of Entry of Judgment (ON SPECIAL VERDICT )
Filed by Attorney for Defendant

10/27/2017 Memorandum of Costs (MEMORANDUM OF COSTS SUMMARY RECEIVED WITH A TOTAL COSTS OF $96,741.36. )
Filed by Attorney for Defendant

10/18/2017 Receipt
Filed by Torres, Chris, individually and as (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

10/18/2017 Receipt (CIVIL DEPOSIT $465.84 )
Filed by Attorney for Plaintiff

10/17/2017 Judgment
Filed by Richard A. Paulsen (Defendant)

10/17/2017 Judgment (ON SPECIAL VERDICT )
Filed by Attorney for Defendant

10/12/2017 Notice of Entry of Dismissal & P&S
Filed by MD, JAY YOO (Defendant)

10/12/2017 Notice of Entry of Dismissal & P&S
Filed by Attorney for Defendant

10/03/2017 Partial Dismissal (with Prejudice)
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

10/03/2017 Partial Dismissal (with Prejudice) (AS TO DEFENDANT JAY YOO, M.D., ONLY )
Filed by Attorney for Plaintiff

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 09/29/2017 08/21/2017 06/20/2017 03/27/2017 02/08/2017 11/15/2016 08/23/2016 04/15/2016 11/23/2015 07/20/2015 03/24/2015

09/29/2017 Summary Judgment
Filed by MD, NADIM W. SARKIES (Defendant)

09/29/2017 Order
Filed by MD, JAY YOO (Defendant)

09/29/2017 Summary Judgment (JUDGMENT ON MOTION FOR SUMMARY JUDGMENT )
Filed by Attorney for Defendant

09/29/2017 Order (DETERMINING GOOD FAITH SETTLEMENT OF DEFENDANT JAY YOO, M.D. PURSUANT TO CCP SECTION 877.6(A)(2 )
Filed by Attorney for Defendant

09/27/2017 Notice of Entry of Dismissal & P&S
Filed by Vikas M.D. Ghai (Defendant)

09/27/2017 Notice of Entry of Dismissal & P&S
Filed by M.D., SHANKAR RAMAN (Defendant)

09/27/2017 Miscellaneous-Other
Filed by Richard A. Paulsen (Defendant)

09/27/2017 Notice of Entry of Dismissal & P&S
Filed by Attorney for Defendant

09/27/2017 Miscellaneous-Other (CIVIL DEPOSIT OF DAILY JURY FEES )
Filed by Attorney for Defendant

09/25/2017 Minute order entered: 2017-09-25 00:00:00
Filed by Clerk

09/25/2017 Memorandum of Costs
Filed by Defendant

09/25/2017 Jury Question
Filed by Clerk

09/25/2017 Motion
Filed by Torres, Chris, individually and as (Plaintiff)

09/25/2017 Memorandum of Costs (MEMORANDUM OF COSTS SUMMARY RECEIVED IN THE AMOUNT OF $18,023.60. )
Filed by Attorney for Defendant

09/25/2017 Jury Question
Filed by Clerk

09/25/2017 Motion (TO AMEND COMPLAINT TO CONFORM TO PROOF )
Filed by Attorney for Plaintiff

09/22/2017 Minute order entered: 2017-09-22 00:00:00
Filed by Clerk

09/21/2017 Minute order entered: 2017-09-21 00:00:00
Filed by Clerk

09/20/2017 Minute order entered: 2017-09-20 00:00:00
Filed by Clerk

09/20/2017 Exhibit List
Filed by Richard A. Paulsen (Defendant)

09/20/2017 Exhibit List (amended )
Filed by Attorney for Defendant

09/19/2017 Minute order entered: 2017-09-19 00:00:00
Filed by Clerk

09/19/2017 Brief
Filed by Estate of Phyllis McQuilliams and (Plaintiff)

09/19/2017 Brief (bench brief on the applicability of jury instructions )
Filed by Attorney for Plaintiff

09/18/2017 Minute order entered: 2017-09-18 00:00:00
Filed by Clerk

09/18/2017 Stipulation and Order to use Certified Shorthand Reporter
Filed by Richard A. Paulsen (Defendant)

09/18/2017 Stip & Order-use CSR ( DAVID OCANAS CSR #12567 )
Filed by Attorney for Defendant

09/14/2017 Minute order entered: 2017-09-14 00:00:00
Filed by Clerk

09/14/2017 Notice
Filed by MD, NADIM W. SARKIES (Defendant)

09/14/2017 Notice (OF ENTRY OF ORDER )
Filed by Attorney for Defendant

09/13/2017 Minute order entered: 2017-09-13 00:00:00
Filed by Clerk

09/13/2017 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
Filed by Richard A. Paulsen (Defendant)

09/13/2017 Ord-Appt Apprv Rptr as Rptr protem (NANCY BRINK CSR #6501 )
Filed by Attorney for Defendant

09/12/2017 Minute order entered: 2017-09-12 00:00:00
Filed by Clerk

09/12/2017 Minute order entered: 2017-09-12 00:00:00
Filed by Clerk

09/12/2017 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
Filed by MD, NADIM W. SARKIES (Defendant)

09/12/2017 Ord-Appt Apprv Rptr as Rptr protem (KAREN KAY CSR #3862 )
Filed by Attorney for Defendant

09/11/2017 Minute order entered: 2017-09-11 00:00:00
Filed by Clerk

09/11/2017 Request for Dismissal-Partial
Filed by Vikas M.D. Ghai (Defendant)

09/11/2017 Reply to Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

09/11/2017 Reply to Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

09/11/2017 Reply to Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

09/11/2017 Reply to Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

09/11/2017 Reply to Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

09/11/2017 Reply to Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

09/11/2017 Reply to Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

09/11/2017 Reply to Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

09/11/2017 Reply to Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

09/11/2017 Reply to Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

09/11/2017 Reply to Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

09/11/2017 Declaration
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

09/11/2017 Reply to Opposition
Filed by William Holloway (Plaintiff)

09/11/2017 Request for Dismissal-Partial (W/PREJUDICE COMPLAINT AS TO VIKAS GHAI, M.D. AND SHANKAR RAMAN, M.D., ONLY each to bear its own fees and costs )
Filed by Attorney for Defendant

09/11/2017 Reply to Opposition
Filed by Attorney for Defendant

09/11/2017 Declaration (OF CALEN D. WEISS )
Filed by Attorney for Defendant

09/11/2017 Reply to Opposition
Filed by Attorney for Plaintiff

09/08/2017 Association of Attorney
Filed by Torres, Chris, individually and as (Plaintiff)

09/08/2017 Opposition
Filed by MD, NADIM W. SARKIES (Defendant)

09/08/2017 Notice of Association of Attorneys
Filed by Attorney for Plaintiff

09/08/2017 Opposition
Filed by Attorney for Defendant

09/01/2017 Minute order entered: 2017-09-01 00:00:00
Filed by Clerk

09/01/2017 Stipulation and Order to use Certified Shorthand Reporter
Filed by MD, NADIM W. SARKIES (Defendant)

09/01/2017 Ex-Parte Application
Filed by Richard A. Paulsen (Defendant)

09/01/2017 Ex-Parte Application
Filed by Torres, Chris, individually and as (Plaintiff)

09/01/2017 Stip & Order-use CSR (JOSSLYN GORDON CSR #10284 )
Filed by Attorney for Defendant

09/01/2017 Ex-Parte Application (FOR AN ORDER ADVANCING THE FINAL STATUS CONFERENCE IN THIS MATTER TO 9/6/17 OR 9/7/17 DEPENDING ON THE COURT’S AVAILABILITY )
Filed by Attorney for Defendant

09/01/2017 Ex-Parte Application ( FOR SPECIAL SETTING OF MOTION FOR RECONSIDERATION )
Filed by Attorney for Plaintiff

08/31/2017 Application for Determination of Good Faith Settlement
Filed by MD, JAY YOO (Defendant)

08/31/2017 Notice of Settlement
Filed by MD, JAY YOO (Defendant)

08/31/2017 Rq for Determ of Good Faith Setlmt (APPLICATION FOR AN ORDER DETERMINING GOOD FAITH SETTLEMENT BY DEFENDANT JAY YOO M.D. )
Filed by Attorney for Defendant

08/31/2017 Notice-Settlement (AS TO DEFENDANT JAY YOO, M.D. )
Filed by Attorney for Defendant

08/29/2017 Minute order entered: 2017-08-29 00:00:00
Filed by Clerk

08/25/2017 Minute order entered: 2017-08-25 00:00:00
Filed by Clerk

08/24/2017 Notice
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/24/2017 Notice
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/24/2017 Notice
Filed by Richard A. Paulsen (Defendant)

08/24/2017 Notice
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/24/2017 Notice
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/24/2017 Notice
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/24/2017 Notice
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/24/2017 Notice
Filed by Richard A. Paulsen (Defendant)

08/24/2017 Notice
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/24/2017 Notice
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/24/2017 Notice
Filed by Richard A. Paulsen (Defendant)

08/24/2017 Notice
Filed by Richard A. Paulsen (Defendant)

08/24/2017 Notice
Filed by Richard A. Paulsen (Defendant)

08/24/2017 Notice
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/24/2017 Notice
Filed by Richard A. Paulsen (Defendant)

08/24/2017 Proof of Service (not Summons and Complaint)
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/24/2017 Notice
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/24/2017 Notice
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/24/2017 Objection Document Filed
Filed by Torres, Chris, individually and as (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.16 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.15 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.14 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.13 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION R: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.12 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.11 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.10 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.8 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.7 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.6 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.5 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.4 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.3 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.2 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.1 )
Filed by Attorney for Defendant

08/24/2017 Proof of Service (OF MOTIONS IN LIMINE )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: VIKAS GHAI, M.D. AND SHANKAR RAMAN, M.D.’S MOTION IN LIMINE )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: JAY YOO,M.D. MOTION IN LIMINE )
Filed by Attorney for Defendant

08/24/2017 Objection Document Filed
Filed by Attorney for Plaintiff

08/23/2017 Points and Authorities
Filed by William Holloway (Plaintiff)

08/23/2017 Points and Authorities
Filed by Attorney for Plaintiff

08/22/2017 Reply
Filed by MD, NADIM W. SARKIES (Defendant)

08/22/2017 Reply (BRIEF )
Filed by Attorney for Defendant

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 09/29/2017 08/21/2017 06/20/2017 03/27/2017 02/08/2017 11/15/2016 08/23/2016 04/15/2016 11/23/2015 07/20/2015 03/24/2015

08/21/2017 Points and Authorities
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

08/21/2017 Points and Authorities
Filed by Attorney for Plaintiff

08/18/2017 Minute order entered: 2017-08-18 00:00:00
Filed by Clerk

08/18/2017 Miscellaneous-Other
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/18/2017 Miscellaneous-Other
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/18/2017 Witness List
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/18/2017 Exhibit List
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/18/2017 Miscellaneous-Other
Filed by Richard A. Paulsen (Defendant)

08/18/2017 Statement of the Case
Filed by Richard A. Paulsen (Defendant)

08/18/2017 Exhibit List
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

08/18/2017 Statement of the Case
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

08/18/2017 Witness List
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

08/18/2017 Miscellaneous-Other
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

08/18/2017 Miscellaneous-Other
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

08/18/2017 Exhibit List
Filed by MD, NADIM W. SARKIES (Defendant)

08/18/2017 Jury Instructions
Filed by MD, NADIM W. SARKIES (Defendant)

08/18/2017 Miscellaneous-Other
Filed by MD, NADIM W. SARKIES (Defendant)

08/18/2017 Statement of the Case
Filed by MD, NADIM W. SARKIES (Defendant)

08/18/2017 Witness List
Filed by MD, NADIM W. SARKIES (Defendant)

08/18/2017 Brief
Filed by MD, NADIM W. SARKIES (Defendant)

08/18/2017 Brief
Filed by MD, NADIM W. SARKIES (Defendant)

08/18/2017 Joinder
Filed by MD, NADIM W. SARKIES (Defendant)

08/18/2017 Motion in Limine
Filed by MD, NADIM W. SARKIES (Defendant)

08/18/2017 Opposition
Filed by MD, NADIM W. SARKIES (Defendant)

08/18/2017 Ex-Parte Application
Filed by Torres, Chris, individually and as (Plaintiff)

08/18/2017 Miscellaneous-Other (SPECIAL VERDICT )
Filed by Attorney for Defendant

08/18/2017 Miscellaneous-Other (JURY INSTRUCTIONS )
Filed by Attorney for Defendant

08/18/2017 List of Witnesses
Filed by Attorney for Defendant

08/18/2017 Exhibit List
Filed by Attorney for Defendant

08/18/2017 Miscellaneous-Other (PRETRIAL DOCUMENTS )
Filed by Attorney for Defendant

08/18/2017 Statement of Case
Filed by Attorney for Defendant

08/18/2017 Exhibit List (PROPOSED )
Filed by Attorney for Plaintiff

08/18/2017 Statement of Case
Filed by Attorney for Plaintiff

08/18/2017 List of Witnesses
Filed by Attorney for Plaintiff

08/18/2017 Miscellaneous-Other (PROPOSED JURY INSTRUCTIONS )
Filed by Attorney for Plaintiff

08/18/2017 Miscellaneous-Other (PRE-TRIAL DOCUMENTS )
Filed by Attorney for Plaintiff

08/18/2017 Exhibit List (PROPOSED )
Filed by Attorney for Defendant

08/18/2017 Jury Instructions (PROPOSED )
Filed by Attorney for Defendant

08/18/2017 Miscellaneous-Other (PROPOSED SPECIAL VERDICT )
Filed by Attorney for Defendant

08/18/2017 Statement of Case (PROPOSED )
Filed by Attorney for Defendant

08/18/2017 List of Witnesses (PROPOSED )
Filed by Attorney for Defendant

08/18/2017 Brief (TRIAL )
Filed by Attorney for Defendant

08/18/2017 Joinder (TO DEFTS MTN IN LIMINE NO. 14 )
Filed by Attorney for Defendant

08/18/2017 Motion in Limine (NO.1 )
Filed by Attorney for Defendant

08/18/2017 Opposition (TO PLTFFS’ MTN IN LIMINE NO.1 )
Filed by Attorney for Defendant

08/18/2017 Ex-Parte Application (FOR CONSIDERATION OF OVERLOOKED POINT IN OPPOSITION TO SARKIES’ MOTION FOR SUMMARY JUDGMENT )
Filed by Attorney for Plaintiff

08/16/2017 Minute order entered: 2017-08-16 00:00:00
Filed by Clerk

08/16/2017 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
Filed by MD, NADIM W. SARKIES (Defendant)

08/16/2017 Ord-Appt Apprv Rptr as Rptr protem (AUDREY LEHMAN CSR #12738 )
Filed by Attorney for Defendant

08/15/2017 Association of Attorney
Filed by MD, NADIM W. SARKIES (Defendant)

08/15/2017 Association of Attorney
Filed by Attorney for Defendant

08/14/2017 Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/14/2017 Opposition
Filed by Attorney for Defendant

08/11/2017 Notice of Joinder
Filed by Richard A. Paulsen (Defendant)

08/11/2017 Notice of Joinder
Filed by Richard A. Paulsen (Defendant)

08/11/2017 Miscellaneous-Other
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

08/11/2017 Witness List
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

08/11/2017 Exhibit List
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

08/11/2017 Statement of the Case
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

08/11/2017 Miscellaneous-Other
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

08/11/2017 Notice of Joinder (AND JOINDER TO DEFENDANT JAY YOO )
Filed by Attorney for Defendant

08/11/2017 Notice of Joinder (AND JOINDER DEFENDANT VIKAS GHAI, M.D.AND SHANKAR RAMAN )
Filed by Attorney for Defendant

08/11/2017 Miscellaneous-Other (PROPOSED JURY INSTRUCTIONS SUBMITTED BY DEFENDANTS VIKAS GHAI, M.D. AND SHANKAR RAMAN, M.D. )
Filed by Attorney for Defendant

08/11/2017 List of Witnesses
Filed by Attorney for Defendant

08/11/2017 Exhibit List
Filed by Attorney for Defendant

08/11/2017 Statement of Case
Filed by Attorney for Defendant

08/11/2017 Miscellaneous-Other (PRETRIAL DOCUMENTS SUBMITTED BY DEFENDANTS VIKAS GAHI, M.D., AND SHANKAR RAMAN, M.D. )
Filed by Attorney for Defendant

08/07/2017 Miscellaneous-Other
Filed by MD, NADIM W. SARKIES (Defendant)

08/07/2017 Request for Judicial Notice
Filed by MD, NADIM W. SARKIES (Defendant)

08/07/2017 Miscellaneous-Other
Filed by MD, NADIM W. SARKIES (Defendant)

08/07/2017 Reply
Filed by MD, NADIM W. SARKIES (Defendant)

08/07/2017 Miscellaneous-Other (REQUEST FOR PLAINTIFF TO LODGE ORIGINAL DEPOSITION )
Filed by Attorney for Defendant

08/07/2017 Request for Judicial Notice
Filed by Attorney for Defendant

08/07/2017 Miscellaneous-Other (STATEMENT OF EVIDENTIARY OBJECTIONS )
Filed by Attorney for Defendant

08/07/2017 Reply (BRIEF )
Filed by Attorney for Defendant

08/03/2017 Declaration
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/03/2017 Motion in Limine
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/03/2017 Motion in Limine
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

08/03/2017 Declaration (OF CALEN D. WEISS )
Filed by Attorney for Defendant

08/03/2017 Motion in Limine (NO.1 THRU NO.17 )
Filed by Attorney for Defendant

08/03/2017 Motion in Limine (NO.1 )
Filed by Attorney for Plaintiff

08/02/2017 Proof of Service (not Summons and Complaint)
Filed by MD, JAY YOO (Defendant)

08/02/2017 Motion in Limine
Filed by MD, JAY YOO (Defendant)

08/02/2017 Response
Filed by Torres, Chris, individually and as (Plaintiff)

08/02/2017 Opposition
Filed by Torres, Chris, individually and as (Plaintiff)

08/02/2017 Proof of Service
Filed by Attorney for Defendant

08/02/2017 Motion in Limine (NO. 1-15 )
Filed by Attorney for Defendant

08/02/2017 Response (TO SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT )
Filed by Attorney for Plaintiff

08/02/2017 Opposition (TO NADIM SARKIES MD’S MOTION FOR SUMMARY JUDGMENT; DECLARATION OF CHRIS TORRES HOYT E. HART II, SEAN MILLER MD )
Filed by Attorney for Plaintiff

07/28/2017 Minute order entered: 2017-07-28 00:00:00
Filed by Clerk

07/28/2017 Motion in Limine
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

07/28/2017 Declaration
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

07/28/2017 Motion in Limine
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

07/28/2017 Motion in Limine (BY DEFTS VIKAS GHAI, M.D. AND SHANKAR RAMAN, M.D. TO ADMIT EVIDENCE OF PAYMENT OF HEALTH CARE BENEFITS BY ADVENTIST PURSUANT TO CIVIL CODE SECTION )
Filed by Attorney for Defendant

07/28/2017 Declaration (OF ALAN J. MISH )
Filed by Attorney for Defendant

07/28/2017 Motion in Limine (SUBMITTED JOINTLY ON BEHALF OF DEFENDANTS VIKAS GHAI, M.D. AND SHANKAR RAMAN, M.D. )
Filed by Attorney for Defendant

07/27/2017 Minute order entered: 2017-07-27 00:00:00
Filed by Clerk

07/25/2017 Minute order entered: 2017-07-25 00:00:00
Filed by Clerk

07/24/2017 Response
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

07/24/2017 Response
Filed by Attorney for Plaintiff

07/21/2017 Objection Document Filed
Filed by M.D., SHANKAR RAMAN (Defendant)

07/21/2017 Reply
Filed by M.D., SHANKAR RAMAN (Defendant)

07/21/2017 Objection Document Filed
Filed by Attorney for Defendant

07/21/2017 Reply
Filed by Attorney for Defendant

07/20/2017 Minute order entered: 2017-07-20 00:00:00
Filed by Clerk

07/20/2017 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
Filed by Richard A. Paulsen (Defendant)

07/20/2017 Ord-Appt Apprv Rptr as Rptr protem ( NANCY BRINK CSR #6501 )
Filed by Attorney for Defendant

07/17/2017 Response
Filed by Torres, Chris, individually and as (Plaintiff)

07/17/2017 Response (TO CRNA PAULSEN’S OBJECTION TO EVIDENCE IN OPPOSITION TO HIS MOTION FOR SUMMARY JUDGMENT )
Filed by Attorney for Plaintiff

07/14/2017 Objection
Filed by Richard A. Paulsen (Defendant)

07/14/2017 Reply
Filed by Richard A. Paulsen (Defendant)

07/14/2017 Objection (TO MOTION FOR SUMMARY JUDGMENT )
Filed by Attorney for Defendant

07/14/2017 Reply (TO PLAINTIFFS’ OPPOSITION )
Filed by Attorney for Defendant

07/11/2017 Memorandum of Points & Authorities
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

07/11/2017 Response
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

07/11/2017 Memo points & authorities
Filed by Attorney for Plaintiff

07/11/2017 Response (TO SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS )
Filed by Attorney for Plaintiff

07/06/2017 Memorandum of Points & Authorities
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

07/06/2017 Response
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

07/06/2017 Memo points & authorities (in opposition to motion for summ judgt )
Filed by Attorney for Plaintiff

07/06/2017 Response (to separate statement of undisputed material facts in support of motion for summ judgt )
Filed by Attorney for Plaintiff

06/27/2017 Notice
Filed by MD, NADIM W. SARKIES (Defendant)

06/27/2017 Notice
Filed by Attorney for Defendant

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 09/29/2017 08/21/2017 06/20/2017 03/27/2017 02/08/2017 11/15/2016 08/23/2016 04/15/2016 11/23/2015 07/20/2015 03/24/2015

06/20/2017 Amended Notice
Filed by MD, NADIM W. SARKIES (Defendant)

06/20/2017 Amended Notice (OF DEFT NADIM SARKIES, M.D.’S MTN FOR SUMMARY JUDGMENT )
Filed by Attorney for Defendant

06/12/2017 Notice of Entry of Dismissal & P&S
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant)

06/12/2017 Notice of Entry of Dismissal & P&S
Filed by Attorney for Defendant

06/07/2017 Notice of Entry of Dismissal & P&S
Filed by SAN JOAQUIN COMMUNITY HOSPITAL (Defendant)

06/07/2017 Notice of Entry of Dismissal & P&S
Filed by Attorney for Defendant

06/02/2017 Notice of Ruling
Filed by Torres, Chris, individually and as (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

06/02/2017 Notice of Ruling
Filed by Attorney for Plaintiff

05/26/2017 Minute order entered: 2017-05-26 00:00:00
Filed by Clerk

05/26/2017 Partial Dismissal (with Prejudice)
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

05/26/2017 Order
Filed by Lawrence Rouben (Defendant)

05/26/2017 Ex-Parte Application
Filed by Lawrence Rouben (Defendant)

05/26/2017 Partial Dismissal (with Prejudice) (AS TO DEFENDANT LAWRENCE R. ROUBEN, M.D. ONLY )
Filed by Attorney for Plaintiff

05/26/2017 Order (DETERMINING GOOD FAITH SETTLEMENT OF DEFENDANT LAWRENCE ROUBEN M.D. PURSUANT TO CCP SECTION 877.6(A) (2) )
Filed by Attorney for Defendant

05/26/2017 Ex-Parte Application (FOR AN ORDER DETERMINING GOOD FAITH SETTLEMENT BY DEFENDANT LAWRENCE ROUBEN MD )
Filed by Attorney for Defendant

05/25/2017 Request for Dismissal-Partial
Filed by SAN JOAQUIN COMMUNITY HOSPITAL (Defendant)

05/25/2017 Request for Dismissal-Partial (W/PREJUDICE COMPLAINT DISMISS DEFENDANT SAN JOAQUIN COMMUNITY HOSPITAL, ONLY )
Filed by Attorney for Defendant

05/10/2017 Minute order entered: 2017-05-10 00:00:00
Filed by Clerk

05/10/2017 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
Filed by Defendant

05/10/2017 Ord-Appt Apprv Rptr as Rptr protem ( JASMINE JAMILI CSR #13742 )
Filed by Attorney for Defendant

05/09/2017 Notice of Ruling
Filed by Torres, Chris, individually and as (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

05/09/2017 Notice of Ruling
Filed by Attorney for Plaintiff

05/08/2017 Declaration
Filed by M.D., SHANKAR RAMAN (Defendant)

05/08/2017 Miscellaneous-Other
Filed by M.D., SHANKAR RAMAN (Defendant)

05/08/2017 Declaration
Filed by M.D., SHANKAR RAMAN (Defendant)

05/08/2017 Points and Authorities
Filed by Vikas M.D. Ghai (Defendant)

05/08/2017 Motion for Summary Judgment
Filed by M.D., SHANKAR RAMAN (Defendant)

05/08/2017 Reply to Opposition
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

05/08/2017 Declaration (OF ALAN J. MISH )
Filed by Attorney for Defendant

05/08/2017 Miscellaneous-Other (SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS )
Filed by Attorney for Defendant

05/08/2017 Declaration (OF IRVING POSALSKI, M.D. )
Filed by Attorney for Defendant

05/08/2017 Points and Authorities
Filed by Attorney for Defendant

05/08/2017 Motion for Summary Judgment
Filed by Attorney for Defendant

05/08/2017 Reply to Opposition
Filed by Attorney for Plaintiff

05/05/2017 Reply
Filed by MD, JAY YOO (Defendant)

05/05/2017 Notice
Filed by SAN JOAQUIN COMMUNITY HOSPITAL (Defendant)

05/05/2017 Reply
Filed by Attorney for Defendant

05/05/2017 Notice (NOTICE OF ORDER RE DETERMINATION OF GOOD FAITH SETTLEMENT )
Filed by Attorney for Defendant

05/01/2017 Notice of Lodging
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

05/01/2017 Miscellaneous-Other
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

05/01/2017 Declaration
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

05/01/2017 Declaration
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

05/01/2017 Motion for Summary Judgment
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

05/01/2017 Points and Authorities
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

05/01/2017 Notice of Lodging (EXHIBITS IN SUPPORT OF HIS MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION )
Filed by Attorney for Defendant

05/01/2017 Miscellaneous-Other (SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS )
Filed by Attorney for Defendant

05/01/2017 Declaration (OF KENNETH D. HERBEST, M.D. )
Filed by Attorney for Defendant

05/01/2017 Declaration (OF DONALD F. MILLS )
Filed by Attorney for Defendant

05/01/2017 Motion for Summary Judgment
Filed by Attorney for Defendant

05/01/2017 Points and Authorities (SUPPLEMENTAL )
Filed by Attorney for Plaintiff

04/28/2017 Notice Re: Continuance of Hearing and Order
Filed by MD, JAY YOO (Defendant)

04/28/2017 NOTICE OF CONTINUANCE (NOTICE OF CONTINUANCE OF JAY YOO, M.D.’S MOTION FOR SUMMARY JUDGMENT HEARING 5-10-17 8:30 AM DEPT P )
Filed by Attorney for Defendant

04/27/2017 Minute order entered: 2017-04-27 00:00:00
Filed by Clerk

04/27/2017 Miscellaneous-Other
Filed by MD, NADIM W. SARKIES (Defendant)

04/27/2017 Notice of Lodging
Filed by MD, NADIM W. SARKIES (Defendant)

04/27/2017 Declaration
Filed by MD, NADIM W. SARKIES (Defendant)

04/27/2017 Declaration
Filed by MD, NADIM W. SARKIES (Defendant)

04/27/2017 Motion for Summary Judgment
Filed by MD, NADIM W. SARKIES (Defendant)

04/27/2017 Ex-Parte Application
Filed by MD, NADIM W. SARKIES (Defendant)

04/27/2017 Miscellaneous-Other (SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS )
Filed by Attorney for Defendant

04/27/2017 Notice of Lodging
Filed by Attorney for Defendant

04/27/2017 Declaration (OF DAVID BRIAN WASHBURN )
Filed by Attorney for Defendant

04/27/2017 Declaration (OF MICHAEL EILBERT, M.D. )
Filed by Attorney for Defendant

04/27/2017 Motion for Summary Judgment
Filed by Attorney for Defendant

04/27/2017 Ex-Parte Application (TO SPECIALLY SET THE HEARING DATE ON HIS MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE TO CONTINUE TRIAL TO ALLOW DEFENDANTS TIME TO HAVE HIS MOTION FOR SUMMARY JUDGMENT HEARD)
Filed by Attorney for Defendant

04/26/2017 Minute order entered: 2017-04-26 00:00:00
Filed by Clerk

04/26/2017 Order
Filed by SAN JOAQUIN COMMUNITY HOSPITAL (Defendant)

04/26/2017 Stipulation and Order to use Certified Shorthand Reporter
Filed by MD, JAY YOO (Defendant)

04/26/2017 Order (RE DETERMINATION OF GOOD FAITH SETTLEMENT AS TO DEFENDANT SAN JOAQUIN COMMUNITY HOSPTIAL )
Filed by Attorney for Defendant

04/26/2017 Stip & Order-use CSR (JASMINE JAMILI CSR#13742 )
Filed by Attorney for Defendant

04/20/2017 Reply
Filed by William Holloway (Plaintiff)

04/20/2017 Objection
Filed by MD, JAY YOO (Defendant)

04/20/2017 Reply to Opposition
Filed by MD, JAY YOO (Defendant)

04/20/2017 Reply
Filed by Attorney for Plaintiff

04/20/2017 Objection (to evidence in opposition to Motion for Summary Judgment )
Filed by Attorney for Defendant

04/20/2017 Reply to Opposition (to Motion for Summary Judgment )
Filed by Attorney for Defendant

04/17/2017 Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

04/17/2017 Opposition
Filed by Attorney for Defendant

04/14/2017 Opposition
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

04/14/2017 Opposition
Filed by Attorney for Defendant

04/12/2017 Points and Authorities
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

04/12/2017 Response
Filed by Torres, Chris, individually and as (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

04/12/2017 Points and Authorities
Filed by Attorney for Plaintiff

04/12/2017 Response (TO SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS )
Filed by Attorney for Plaintiff

04/05/2017 Motion
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

04/05/2017 Motion (FOR TRIAL PREFERENCE )
Filed by Attorney for Plaintiff

04/03/2017 Objection Document Filed
Filed by MD, JAY YOO (Defendant)

04/03/2017 Objection Document Filed (TO PLTFFS’ NOTICE OF LIEN CLAIM )
Filed by Attorney for Defendant

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 09/29/2017 08/21/2017 06/20/2017 03/27/2017 02/08/2017 11/15/2016 08/23/2016 04/15/2016 11/23/2015 07/20/2015 03/24/2015

03/27/2017 Application for Determination of Good Faith Settlement
Filed by Defendant

03/27/2017 Objection Document Filed
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

03/27/2017 Rq for Determ of Good Faith Setlmt
Filed by Attorney for Defendant

03/27/2017 Objection Document Filed (TO PLAINTIFFS’ NOTICE OF LIEN CLAIM )
Filed by Attorney for Defendant

03/23/2017 Minute order entered: 2017-03-23 00:00:00
Filed by Clerk

03/23/2017 Notice of Ruling
Filed by Richard A. Paulsen (Defendant)

03/23/2017 Miscellaneous-Other
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

03/23/2017 Notice of Ruling
Filed by Richard A. Paulsen (Defendant)

03/23/2017 Miscellaneous-Other (CIVIL DEPOSIT )
Filed by Attorney for Defendant

03/23/2017 Notice of Ruling
Filed by Attorney for Defendant

03/22/2017 Minute order entered: 2017-03-22 00:00:00
Filed by Clerk

03/20/2017 Objection Document Filed
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

03/20/2017 Objection Document Filed
Filed by William Holloway (Plaintiff)

03/20/2017 Objection Document Filed
Filed by Attorney for Plaintiff

03/16/2017 Reply
Filed by MD, NADIM W. SARKIES (Defendant)

03/16/2017 Notice of Lodging
Filed by MD, NADIM W. SARKIES (Defendant)

03/16/2017 Reply
Filed by Attorney for Defendant

03/16/2017 Notice of Lodging (DEPOSITION TRANSCRIPTS )
Filed by Attorney for Defendant

03/15/2017 Answer to Amended Complaint
Filed by MD, NADIM W. SARKIES (Defendant)

03/15/2017 Reply
Filed by Richard A. Paulsen (Defendant)

03/15/2017 Answer to Amended Complaint (TO FOURTH AMENDED COMPLAINT )
Filed by Attorney for Defendant

03/15/2017 Reply
Filed by Attorney for Defendant

03/14/2017 Objection Document Filed
Filed by Torres, Chris, individually and as (Plaintiff)

03/14/2017 Objection Document Filed
Filed by Attorney for Plaintiff

03/10/2017 Declaration
Filed by William Holloway (Plaintiff)

03/10/2017 Declaration (OF HOYT E. HART )
Filed by Attorney for Plaintiff

03/09/2017 Declaration
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

03/09/2017 Points and Authorities
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

03/09/2017 Declaration (OF SONIA SALAZAR )
Filed by Attorney for Plaintiff

03/09/2017 Points and Authorities
Filed by Attorney for Plaintiff

03/08/2017 Joinder
Filed by Richard A. Paulsen (Defendant)

03/08/2017 Joinder (OF DEFT RICHARD PAULSEN CRNA IN MOTION OF CO-DEFT NADIM SARKIES,MD FOR CHANGE OF VENUE TO KERN COUNTY )
Filed by Attorney for Defendant

03/06/2017 Notice of Lien
Filed by Torres, Chris, individually and as (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

03/06/2017 Notice of Lien
Filed by Attorney for Plaintiff

03/02/2017 Minute order entered: 2017-03-02 00:00:00
Filed by Clerk

03/01/2017 Joinder
Filed by MD, JAY YOO (Defendant)

03/01/2017 Joinder (OF SECOND MOTION OF CO-DEFENDANT NADIM SARKIES, M.D. FOR CHANGE OF VENUE TO KERN COUNTY )
Filed by Attorney for Defendant

02/27/2017 Notice
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

02/27/2017 Notice (OF TAKING MOTION FOR SUMMARY JUDGMENT BY DEFENDANT LAWRENCE R. ROUBEN, M.D., OFF CALENDAR )
Filed by Attorney for Defendant

02/24/2017 Minute order entered: 2017-02-24 00:00:00
Filed by Clerk

02/23/2017 Notice of Ruling
Filed by MD, NADIM W. SARKIES (Defendant)

02/23/2017 Declaration
Filed by MD, NADIM W. SARKIES (Defendant)

02/23/2017 Motion
Filed by MD, NADIM W. SARKIES (Defendant)

02/23/2017 Notice of Ruling
Filed by Attorney for Defendant

02/23/2017 Declaration
Filed by Attorney for Defendant

02/23/2017 Motion (FOR CHANGE OF VENUE TO KERN COUNTY )
Filed by Attorney for Defendant

02/22/2017 Answer to Amended Complaint
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant); Richard A. Paulsen (Defendant)

02/22/2017 Answer to Amended Complaint (AS TO FOURTH AMENDED COMPLAINT ON BEHALF OF: RICHARD A. PAULSEN )
Filed by Attorney for Defendant

02/17/2017 Answer to Amended Complaint
Filed by MD, JAY YOO (Defendant)

02/17/2017 Answer to Amended Complaint
Filed by Defendant

02/17/2017 Answer to Amended Complaint (BEHALF OF: JAY YOO, M.D. (DOE 9) TO FOURTH AMENDED COMPLAINT. )
Filed by Attorney for Defendant

02/17/2017 Answer to Amended Complaint (RECEIVED )
Filed by Attorney for Defendant

02/16/2017 Notice of Change of Address or Other Contact Information
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

02/16/2017 Notice of Change of Address
Filed by Attorney for Defendant

02/10/2017 Notice of Settlement
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

02/10/2017 Notice
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

02/10/2017 Notice-Settlement (AS TO DEFENDANT, LAWRENCE ROUBEN, M.D. )
Filed by Attorney for Defendant

02/10/2017 Notice (OF TAKING MOTION FOR CHANGE FOR VENUE TO KERN COUNTY BY DEFENDANT LAWRENCE R. ROUBEN, M.D. OFF CALENDAR )
Filed by Attorney for Defendant

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 09/29/2017 08/21/2017 06/20/2017 03/27/2017 02/08/2017 11/15/2016 08/23/2016 04/15/2016 11/23/2015 07/20/2015 03/24/2015

02/08/2017 Fourth Amended Complaint
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

02/08/2017 Joinder
Filed by MD, NADIM W. SARKIES (Defendant)

02/08/2017 Fourth Amended Complaint
Filed by Attorney for Plaintiff

02/08/2017 Joinder
Filed by Attorney for Defendant

02/06/2017 Joinder
Filed by Richard A. Paulsen (Defendant)

02/06/2017 Joinder (OF MOTION FO CO-DEFENDANT LAWRENCE ROUBEN, MD FOR CHANGE OF VENUE TO KERN COUNTY; )
Filed by Attorney for Defendant

02/03/2017 Miscellaneous-Other
Filed by MD, JAY YOO (Defendant)

02/03/2017 Notice of Motion
Filed by MD, JAY YOO (Defendant)

02/03/2017 Miscellaneous-Other (SEPARATE STATEMENT )
Filed by Attorney for Defendant

02/03/2017 Notice of Motion (AND MOTION FOR SUMMARY JUDGMENT )
Filed by Attorney for Defendant

02/02/2017 Notice of Ruling
Filed by Torres, Chris, individually and as (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

02/02/2017 Notice of Ruling
Filed by Attorney for Plaintiff

01/26/2017 Motion
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

01/26/2017 Motion (FOR CHANGE OF VENUE TO KERN COUNTY BY DEFENDANT LAWRENCE R. ROUBEN, M.D. )
Filed by Attorney for Defendant

01/25/2017 Minute order entered: 2017-01-25 00:00:00
Filed by Clerk

01/24/2017 Fourth Amended Complaint
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

01/24/2017 Notice of Ruling
Filed by Torres, Chris, individually and as (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

01/24/2017 Fourth Amended Complaint
Filed by Attorney for Plaintiff

01/24/2017 Notice of Ruling
Filed by Attorney for Plaintiff

01/20/2017 Objection Document Filed
Filed by William Holloway (Plaintiff)

01/20/2017 Objection Document Filed
Filed by Attorney for Plaintiff

01/19/2017 Minute order entered: 2017-01-19 00:00:00
Filed by Clerk

01/19/2017 Reply
Filed by Vikas M.D. Ghai (Defendant)

01/19/2017 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
Filed by Richard A. Paulsen (Defendant)

01/19/2017 Reply (REPLY TO PLTFS OPPOSITION TO MOTION FOR SUMMARY JUDGMENT BY VIKAS GHAI, M.D. )
Filed by Attorney for Defendant

01/19/2017 Ord-Appt Apprv Rptr as Rptr protem (CSR NANCY BRINK #6501 )
Filed by Attorney for Defendant

01/17/2017 Reply to Opposition
Filed by William Holloway (Plaintiff)

01/17/2017 Reply to Opposition
Filed by Attorney for Plaintiff

01/11/2017 Points and Authorities
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

01/11/2017 Response
Filed by Torres, Chris, individually and as (Plaintiff)

01/11/2017 Notice
Filed by Lawrence Rouben (Defendant)

01/11/2017 Points and Authorities
Filed by Attorney for Plaintiff

01/11/2017 Response (TO SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS )
Filed by Attorney for Plaintiff

01/11/2017 Notice (OF ERRATA REGARDING THE LODGED EXHIBITS IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT )
Filed by Attorney for Defendant

01/06/2017 Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

01/06/2017 Opposition
Filed by Richard A. Paulsen (Defendant)

01/06/2017 Opposition
Filed by Attorney for Defendant

01/06/2017 Opposition (TO PLTFFS MTN FOR LEAVE TO FILE FOURTH AMENDED COMPLAINT )
Filed by Attorney for Defendant

12/21/2016 Miscellaneous-Other
Filed by Richard A. Paulsen (Defendant)

12/21/2016 Motion to Compel
Filed by Richard A. Paulsen (Defendant)

12/21/2016 Miscellaneous-Other (SEPARATE STATEMENT )
Filed by Attorney for Defendant

12/21/2016 Motion to Compel
Filed by Attorney for Defendant

12/16/2016 Notice of Motion
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

12/16/2016 Notice of Motion (AND MOTION FOR LEAVE )
Filed by Attorney for Plaintiff

12/14/2016 Notice of Ruling
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

12/14/2016 Notice of Ruling
Filed by Attorney for Defendant

12/12/2016 Notice of Lodging
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

12/12/2016 Declaration
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

12/12/2016 Separate Statement of Und. Facts
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

12/12/2016 Notice of Motion
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

12/12/2016 Notice of Lodging
Filed by Attorney for Defendant

12/12/2016 Declaration (OF LAWRENCE BROOKS )
Filed by Attorney for Defendant

12/12/2016 Separate Statement of Und. Facts
Filed by Attorney for Defendant

12/12/2016 Notice of Motion (AND MOTION FOR SUMMARY JUDGMENT )
Filed by Attorney for Defendant

12/09/2016 Minute order entered: 2016-12-09 00:00:00
Filed by Clerk

12/09/2016 Opposition
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

12/09/2016 Declaration
Filed by MD, JAY YOO (Defendant)

12/09/2016 Ex-Parte Application
Filed by MD, JAY YOO (Defendant)

12/09/2016 Opposition ( TO CONTINUE TRIAL DATE )
Filed by Attorney for Plaintiff

12/09/2016 Declaration (OF AUDREY GUEDEA-BRUNES )
Filed by Attorney for Defendant

12/09/2016 Ex-Parte Application ( AND MOTION TO CONITNUE TRIAL AND DISCOVERY CUTOFF DATES )
Filed by Attorney for Defendant

12/05/2016 Notice of Ruling
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

12/05/2016 Notice of Ruling
Filed by Attorney for Defendant

12/01/2016 Minute order entered: 2016-12-01 00:00:00
Filed by Clerk

11/22/2016 Reply
Filed by Lawrence Rouben (Defendant)

11/22/2016 Reply
Filed by Attorney for Defendant

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 09/29/2017 08/21/2017 06/20/2017 03/27/2017 02/08/2017 11/15/2016 08/23/2016 04/15/2016 11/23/2015 07/20/2015 03/24/2015

11/15/2016 Joinder
Filed by MD, NADIM W. SARKIES (Defendant)

11/15/2016 Points and Authorities
Filed by William Holloway (Plaintiff)

11/15/2016 Joinder (OF DEFT LAWRENCE ROUBEN, M.D.’S MTN FOR CHANGE OF VENUE TO KERN COUNTY )
Filed by Attorney for Defendant

11/15/2016 Points and Authorities
Filed by Attorney for Plaintiff

11/14/2016 Joinder
Filed by Richard A. Paulsen (Defendant)

11/14/2016 Joinder (IN MOTION OF CO-DEFENDANT LAWRENCE ROUBEN, MD FOR C HANGE OF VENUE TO KERN COUNTY )
Filed by Attorney for Defendant

11/09/2016 Proof of Service (not Summons and Complaint)
Filed by Lawrence Rouben (Defendant)

11/09/2016 Proof of Service (not Summons and Complaint)
Filed by Lawrence Rouben (Defendant)

11/09/2016 Proof of Service
Filed by Attorney for Defendant

11/03/2016 Declaration
Filed by Vikas M.D. Ghai (Defendant)

11/03/2016 Declaration
Filed by Vikas M.D. Ghai (Defendant)

11/03/2016 Miscellaneous-Other
Filed by Vikas M.D. Ghai (Defendant)

11/03/2016 Points and Authorities
Filed by Vikas M.D. Ghai (Defendant)

11/03/2016 Motion for Summary Judgment
Filed by Vikas M.D. Ghai (Defendant)

11/03/2016 Declaration (OF ALAN J. MISH )
Filed by Attorney for Defendant

11/03/2016 Declaration (OF SOLOMON HAMBURG, M.D. )
Filed by Attorney for Defendant

11/03/2016 Miscellaneous-Other (SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS )
Filed by Attorney for Defendant

11/03/2016 Points and Authorities
Filed by Attorney for Defendant

11/03/2016 Motion for Summary Judgment
Filed by Attorney for Defendant

11/01/2016 Motion
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

11/01/2016 Motion (FOR CHANGE OF VENUE TO KERN COUNTY )
Filed by Attorney for Defendant

10/17/2016 Answer to Third Amended Complaint
Filed by Richard A. Paulsen (Defendant)

10/17/2016 Answer to Third Amended Complaint
Filed by Attorney for Defendant

10/11/2016 Notice
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant); UCLA MEDICAL CENTER, SANTA MONICA (Legacy Party)

10/11/2016 Notice (OF ENTRY OF DISMISSAL OF THE DEFENDANT THE REGENTS OF THE UNIVERSITY OF CALIFORNIA )
Filed by Attorney for Defendant

10/04/2016 Answer to Third Amended Complaint
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

10/04/2016 Answer to Third Amended Complaint
Filed by Attorney for Defendant

09/30/2016 Notice of Ruling
Filed by Richard A. Paulsen (Defendant)

09/30/2016 Notice of Ruling
Filed by Attorney for Defendant

09/27/2016 Minute order entered: 2016-09-27 00:00:00
Filed by Clerk

09/19/2016 Substitution of Attorney
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant)

09/19/2016 Substitution of Attorney
Filed by Attorney for Defendant

09/13/2016 Request for Dismissal-Partial
Filed by Torres, Chris, individually and as (Plaintiff)

09/13/2016 Request for Dismissal-Partial (W/PREJUDICE AS TO THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, ONLY )
Filed by Attorney for Plaintiff

09/07/2016 Declaration
Filed by MD, NADIM W. SARKIES (Defendant)

09/07/2016 Demand for Jury Trial
Filed by MD, NADIM W. SARKIES (Defendant)

09/07/2016 Answer
Filed by MD, NADIM W. SARKIES (Defendant)

09/07/2016 Declaration (DECL. OF TRIAL ATTORNEY FOR DEFENDANT;NADIM SARKIES,MD. )
Filed by Attorney for Defendant

09/07/2016 Demand for Jury Trial
Filed by Attorney for Defendant

09/07/2016 Answer to Complaint Filed
Filed by Attorney for Defendant

09/06/2016 Answer
Filed by M.D., SHANKAR RAMAN (Defendant)

09/06/2016 Miscellaneous-Other
Filed by MD, NADIM W. SARKIES (Defendant)

09/06/2016 Answer to Complaint Filed
Filed by Attorney for Defendant

09/06/2016 Miscellaneous-Other (CIVIL DEPOSIT )
Filed by Attorney for Defendant

09/02/2016 Minute order entered: 2016-09-02 00:00:00
Filed by Clerk

08/31/2016 Demand for Jury Trial
Filed by MD, NADIM W. SARKIES (Defendant)

08/31/2016 Declaration
Filed by MD, NADIM W. SARKIES (Defendant)

08/31/2016 Answer
Filed by MD, NADIM W. SARKIES (Defendant)

08/31/2016 Declaration
Filed by MD, JAY YOO (Defendant)

08/31/2016 Demand for Jury Trial
Filed by Attorney for Defendant

08/31/2016 Declaration (OF TRIAL ATTORNEY FOR DEFENDANT NADIM SARKIES, M.D. )
Filed by Attorney for Defendant

08/31/2016 Answer to Complaint Filed
Filed by Attorney for Defendant

08/31/2016 Declaration
Filed by Attorney for Defendant

08/29/2016 Notice of Entry of Dismissal & P&S
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

08/29/2016 Notice of Entry of Dismissal & P&S
Filed by Attorney for Defendant

08/26/2016 Response
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

08/26/2016 Response (TO PAULSEN’S OBJECTION TO LODGING PAULSEN’S DEPOSITION TRANSCRIPT )
Filed by Attorney for Plaintiff

08/25/2016 Notice Re: Continuance of Hearing and Order
Filed by Richard A. Paulsen (Defendant)

08/25/2016 NOTICE OF CONTINUANCE ( OF HEARINGS )
Filed by Attorney for Defendant

08/24/2016 Minute order entered: 2016-08-24 00:00:00
Filed by Clerk

08/24/2016 Stipulation and Order to use Certified Shorthand Reporter
Filed by Defendant

08/24/2016 Stip & Order-use CSR (TRACY WILLIAMS CSR #10139 )
Filed by Attorney for Defendant

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 09/29/2017 08/21/2017 06/20/2017 03/27/2017 02/08/2017 11/15/2016 08/23/2016 04/15/2016 11/23/2015 07/20/2015 03/24/2015

08/23/2016 Objection Document Filed
Filed by Richard A. Paulsen (Defendant)

08/23/2016 Objection Document Filed
Filed by Attorney for Defendant

08/19/2016 Notice
Filed by Defendant

08/19/2016 Demand for Jury Trial
Filed by MD, JAY YOO (Defendant)

08/19/2016 Answer to Third Amended Complaint
Filed by MD, JAY YOO (Defendant)

08/19/2016 Notice (Notice of Deposit of Jury Fees by Defendant Jay Yoo, M.D.; $150.00 paid. )
Filed by Attorney for Defendant

08/19/2016 Demand for Jury Trial (Demand for Jury Trial and Court Reporter )
Filed by Attorney for Defendant

08/19/2016 Answer to Third Amended Complaint
Filed by Attorney for Defendant

08/18/2016 Request for Dismissal-Partial
Filed by Torres, Chris, individually and as (Plaintiff)

08/18/2016 Request for Dismissal-Partial
Filed by Torres, Chris, individually and as (Plaintiff)

08/18/2016 Reply to Opposition
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

08/18/2016 Proof-Service/Summons
Filed by Torres, Chris, individually and as (Plaintiff)

08/18/2016 Proof-Service/Summons
Filed by Torres, Chris, individually and as (Plaintiff)

08/18/2016 Response
Filed by William Holloway (Plaintiff)

08/18/2016 Proof-Service/Summons
Filed by Torres, Chris, individually and as (Plaintiff)

08/18/2016 Opposition
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

08/18/2016 Opposition
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

08/18/2016 Request for Dismissal-Partial (W/PREJUDICE COMPLAINT AS TO DEFT, HEALTHSOUTH CORPORATION, ONLY, WITH EACH PARTY TO BEAR THEIR OWN COSTS )
Filed by Attorney for Plaintiff

08/18/2016 Request for Dismissal-Partial (W/PREJUDICE AS TO VIKAS PUNJABI, D.O., ONLY )
Filed by Attorney for Plaintiff

08/18/2016 Reply to Opposition
Filed by Attorney for Defendant

08/18/2016 Response
Filed by Attorney for Plaintiff

08/18/2016 Proof-Service/Summons
Filed by Attorney for Plaintiff

08/18/2016 Opposition (TO PAULSEN’S DEMURRER TO THIRD AMENDED COMPLT; )
Filed by Attorney for Plaintiff

08/18/2016 Opposition (TO ROUBEN’S DEMURRER & MOTION TO STRIKE PORTIONS OF THE THIRD AMENDED COMPLAINT; )
Filed by Attorney for Plaintiff

08/17/2016 Objection Document Filed
Filed by Richard A. Paulsen (Defendant)

08/17/2016 Reply to Opposition
Filed by Richard A. Paulsen (Defendant)

08/17/2016 Opposition
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

08/17/2016 Opposition
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

08/17/2016 Objection Document Filed (TO PLTF’S OPPOSITION TO DEFT. RICHARD A. PAULSEN’S DEMURRER TO THE THIRD AMENDED COMPLAINT; )
Filed by Attorney for Defendant

08/17/2016 Reply to Opposition (TO DEFT’S DEMURRER TO THE 3RD AMENDED COMPLT; )
Filed by Attorney for Defendant

08/17/2016 Opposition
Filed by Attorney for Plaintiff

08/08/2016 Notice
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant)

08/08/2016 Notice (NOTICE OF ENTRY OF JUDGMENT OR ORDER )
Filed by Attorney for Defendant

07/26/2016 Order
Filed by Health South Corporation (Legacy Party); Healthsouth Bakersfield Rehabilitation (Defendant)

07/26/2016 Order (ORDER DETERMINING DEFENDANT HEALTHSOUTH’S SETTLEMENT TO BE IN “GOOD FAITH”, IS SIGNED AND FILED THIS DATE. )
Filed by Attorney for Defendant

07/21/2016 Minute order entered: 2016-07-21 00:00:00
Filed by Clerk

07/20/2016 Motion to Strike
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

07/20/2016 Demurrer
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

07/20/2016 Demurrer
Filed by Richard A. Paulsen (Defendant)

07/20/2016 Motion to Strike
Filed by Attorney for Defendant

07/20/2016 Demurrer (TO THIRD AMENDED COMPLAINT )
Filed by Attorney for Defendant

07/18/2016 Amendment to Complaint
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

07/18/2016 Amendment to Complaint
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

07/18/2016 Amendment to Complaint
Filed by Torres, Chris, individually and as (Plaintiff)

07/18/2016 Amendment to Complaint (DOE AMENDMENT TO COMPLAINT FOR DAMAGES DOE 11 NADIM W. SARKIES,MD )
Filed by Attorney for Plaintiff

07/18/2016 Amendment to Complaint (DOE AMENDMENT TO COMPLAINT FOR DAMAGES. DOE 10 SHANKAR RAMAN, MD )
Filed by Attorney for Plaintiff

07/18/2016 Amendment to Complaint (DOE AMENDMENT TO COMPLAINT FOR DAMAGES DOE 9 JAY YOO,MD )
Filed by Attorney for Plaintiff

07/01/2016 Answer to Third Amended Complaint
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant)

07/01/2016 Answer to Third Amended Complaint
Filed by DOE 7: VIKAS R. PUNJABI, DO (Defendant)

07/01/2016 Answer to Third Amended Complaint
Filed by Attorney for Defendant

06/23/2016 Third Amended Complaint
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

06/23/2016 Third Amended Complaint
Filed by Attorney for Plaintiff

06/14/2016 Declaration
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

06/14/2016 Declaration
Filed by Attorney for Defendant

06/01/2016 Minute order entered: 2016-06-01 00:00:00
Filed by Clerk

06/01/2016 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
Filed by Richard A. Paulsen (Defendant)

06/01/2016 Ord-Appt Apprv Rptr as Rptr protem (DREENA TABOR CSR #5504 )
Filed by Attorney for Defendant

05/31/2016 Notice of Settlement
Filed by Health South Corporation (Legacy Party); Healthsouth Bakersfield Rehabilitation (Defendant)

05/31/2016 Notice-Settlement (NOTICE OF SETTLEMENT: APPLICATION FOR ORDER DETERMINING GOOD FAITH SETTLEMENT; AND DECLARATION OF DANIEL L. WAINWRIGHT, IS FILED THIS DATE.)
Filed by Attorney for Defendant

05/24/2016 Reply to Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

05/24/2016 Reply to Opposition
Filed by Attorney for Defendant

05/20/2016 Declaration
Filed by DOE 7: VIKAS R. PUNJABI, DO (Defendant)

05/20/2016 Declaration (OF TRIAL ATTORNEY )
Filed by Attorney for Defendant

05/04/2016 Demurrer
Filed by Richard A. Paulsen (Defendant)

05/04/2016 Demurrer (TO PLTFFS’ SECOND AMENDED COMPLAINT )
Filed by Attorney for Defendant

05/02/2016 Miscellaneous-Other
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

05/02/2016 Answer to Second Amended Complaint
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

05/02/2016 Miscellaneous-Other (CIVIL DEPOSIT )
Filed by Attorney for Defendant

05/02/2016 Answer to Second Amended Complaint
Filed by Attorney for Defendant

04/19/2016 Answer to Second Amended Complaint
Filed by DOE 7: VIKAS R. PUNJABI, DO (Defendant)

04/19/2016 Answer to Second Amended Complaint
Filed by Attorney for Defendant

04/18/2016 Notice of Ruling
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

04/18/2016 Notice of Ruling
Filed by Attorney for Defendant

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 09/29/2017 08/21/2017 06/20/2017 03/27/2017 02/08/2017 11/15/2016 08/23/2016 04/15/2016 11/23/2015 07/20/2015 03/24/2015

04/15/2016 Minute order entered: 2016-04-15 00:00:00
Filed by Clerk

04/15/2016 Order
Filed by Richard A. Paulsen (Defendant)

04/15/2016 Ex-Parte Application
Filed by Richard A. Paulsen (Defendant)

04/15/2016 Order ( ON EX PARTE (SIGNED BY JUDGE NEWMAN AS MODIFIED) )
Filed by Attorney for Defendant

04/15/2016 Ex-Parte Application (TO STRIKE THE ANSWER TO COMPLAINT AND ENLARGE THE TIME TO FILE A RESPONSIVE PLEADING OR DEMURRER TO PLAINTIFF’S SECOND AMENDED COMPLAINT; )
Filed by Attorney for Defendant

04/11/2016 Proof-Service/Summons
Filed by Torres, Chris, individually and as (Plaintiff)

04/11/2016 Proof-Service/Summons
Filed by Attorney for Plaintiff

03/17/2016 Request for Entry of Default / Judgment
Filed by Torres, Chris, individually and as (Plaintiff)

03/17/2016 Request for Entry of Default (AS TO: DOE 7 – VIKAS R.PUNJABI, DO – REJECTED; *SEE REJECTION NOTICE DATED 3/23/16;)
Filed by Attorney for Plaintiff

03/11/2016 Answer to Second Amended Complaint
Filed by Health South Corporation (Legacy Party); Healthsouth Bakersfield Rehabilitation (Defendant)

03/11/2016 Answer to Second Amended Complaint
Filed by Attorney for Defendant

03/07/2016 Miscellaneous-Other
Filed by Torres, Chris, individually and as (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

03/07/2016 Miscellaneous-Other (CERTIFICATE OF PROGRESS; INABILITY TO SERVE COMPLAINT )
Filed by Attorney for Plaintiff

02/24/2016 Objection Document Filed
Filed by Richard A. Paulsen (Defendant)

02/24/2016 Answer
Filed by Richard A. Paulsen (Defendant)

02/24/2016 Objection Document Filed
Filed by Attorney for Defendant

02/24/2016 Answer to Complaint Filed
Filed by Attorney for Defendant

02/19/2016 Answer to Second Amended Complaint
Filed by SAN JOAQUIN COMMUNITY HOSPITAL (Defendant)

02/19/2016 Answer to Second Amended Complaint
Filed by Attorney for Defendant

02/10/2016 ANSWER TO SECOND AMENDED COMPLAINT

02/10/2016 Answer to Second Amended Complaint
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant)

02/10/2016 Answer to Second Amended Complaint
Filed by Attorney for Defendant

02/01/2016 Proof-Service/Summons
Filed by Torres, Chris, individually and as (Plaintiff)

02/01/2016 Proof-Service/Summons
Filed by Attorney for Plaintiff

01/28/2016 Notice of Entry of Dismissal & P&S
Filed by JAMES B. M.D. GRIMES (Defendant); Kern Bone & Joint Specialists (Defendant)

01/28/2016 Notice of Entry of Dismissal & P&S
Filed by Attorney for Defendant

01/26/2016 Declaration
Filed by Lawrence Rouben (Defendant)

01/26/2016 Declaration (OF MICHAEL V. RUOCCO )
Filed by Attorney for Defendant

01/25/2016 Proof-Service/Summons
Filed by Torres, Chris, individually and as (Plaintiff)

01/25/2016 Proof-Service/Summons
Filed by Attorney for Plaintiff

01/14/2016 Second Amended Complaint
Filed by Torres, Chris, individually and as (Plaintiff)

01/14/2016 Minute order entered: 2016-01-14 00:00:00
Filed by Clerk

01/14/2016 Second Amended Complaint
Filed by Attorney for Plaintiff

01/06/2016 Reply to Opposition
Filed by William Holloway (Plaintiff)

01/06/2016 Reply to Opposition
Filed by Attorney for Plaintiff

12/30/2015 Opposition
Filed by Vikas M.D. Ghai (Defendant)

12/30/2015 Opposition
Filed by SAN JOAQUIN COMMUNITY HOSPITAL (Defendant)

12/30/2015 Opposition
Filed by Attorney for Defendant

12/18/2015 Motion for Leave
Filed by Torres, Chris, individually and as (Plaintiff)

12/18/2015 Motion for Leave (to file 2nd amended complaint )
Filed by Attorney for Plaintiff

12/11/2015 Notice of Hearing
Filed by Torres, Chris, individually and as (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

12/11/2015 Notice of Hearing (NOTICE OF HEARINGS FINAL STATUS CONFERENCE 11-18-16 9:00 AM DEPT P TRIAL 12-12-16 9:00 AM DEPT P )
Filed by Attorney for Plaintiff

12/10/2015 Minute order entered: 2015-12-10 00:00:00
Filed by Clerk

12/04/2015 Amendment to Complaint
Filed by Torres, Chris, individually and as (Plaintiff)

12/04/2015 Amendment to Complaint
Filed by Torres, Chris, individually and as (Plaintiff)

12/04/2015 Amendment to Complaint
Filed by Torres, Chris, individually and as (Plaintiff)

12/04/2015 Amendment to Complaint (DOE 6: RICHARD A. PAULSEN, CRNA )
Filed by Attorney for Plaintiff

12/04/2015 Amendment to Complaint (DOE 8: LAWRENCE R. ROUBEN, MD )
Filed by Attorney for Plaintiff

12/04/2015 Amendment to Complaint (DOE 7 TRUE NAME IS VIKAS R. PUNJABI, DO )
Filed by Attorney for Plaintiff

12/03/2015 Notice
Filed by Health South Corporation (Legacy Party); Healthsouth Bakersfield Rehabilitation (Defendant)

12/03/2015 Notice (OF WITHDRAWAL W/O PREJUDICE OF DEFTS’ PENDING DISCOVERY MOTIONS )
Filed by Attorney for Defendant

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 09/29/2017 08/21/2017 06/20/2017 03/27/2017 02/08/2017 11/15/2016 08/23/2016 04/15/2016 11/23/2015 07/20/2015 03/24/2015

11/23/2015 Partial Dismissal (with Prejudice)
Filed by Torres, Chris, individually and as (Plaintiff)

11/23/2015 Notice
Filed by JAMES B. M.D. GRIMES (Defendant); Kern Bone & Joint Specialists (Defendant)

11/23/2015 Partial Dismissal (with Prejudice) (AS TO DEFENDANTS JAMES B. GRIMES M.D. AND KERN BONE & JOINT SPECIALISTS, A MEDICAL GROUP,INC ONLY )
Filed by Attorney for Plaintiff

11/23/2015 Notice (OF ENTRY OF GOOD FAITH SETTLEMENT )
Filed by Attorney for Defendant

11/19/2015 Order
Filed by JAMES B. M.D. GRIMES (Defendant); Kern Bone & Joint Specialists (Defendant)

11/19/2015 Minute order entered: 2015-11-19 00:00:00
Filed by Clerk

11/19/2015 Order (TO JAMES B. GRIMES M.D. AND KERN BONE & JOINT SPECIALISTS’ APPLICATION FOR GOOD FAITH SETTLEMENT DETERMINATION )
Filed by Attorney for Defendant

11/10/2015 Notice
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant)

11/10/2015 Miscellaneous-Other
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant)

11/10/2015 Notice (OF POSTING JURY FEES BY DEF. )
Filed by Attorney for Defendant

11/10/2015 Miscellaneous-Other (CIVIL DEPOSIT – JURY FEES POSTED BY DEFT. )
Filed by Attorney for Defendant

11/06/2015 Case Management Statement
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

11/06/2015 Notice
Filed by JAMES B. M.D. GRIMES (Defendant); Kern Bone & Joint Specialists (Defendant)

11/06/2015 Minute order entered: 2015-11-06 00:00:00
Filed by Clerk

11/06/2015 Statement-Case Management
Filed by Attorney for Defendant

11/06/2015 Notice (NOTICE OF DETTLEMENT APPLICATION )
Filed by Attorney for Defendant

11/04/2015 Notice of Entry of Dismissal & P&S
Filed by Kindred Hospital-Los Angeles (DOE 1) (Defendant); THC Orange County, Inc. (Defendant)

11/04/2015 Case Management Statement
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant)

11/04/2015 Case Management Statement
Filed by Vikas M.D. Ghai (Defendant)

11/04/2015 Case Management Statement
Filed by Torres, Chris, individually and as (Plaintiff)

11/04/2015 Notice of Entry of Dismissal & P&S
Filed by Attorney for Defendant

11/04/2015 Statement-Case Management
Filed by Attorney for Defendant

11/04/2015 Statement-Case Management
Filed by Attorney for Plaintiff

11/02/2015 Case Management Statement
Filed by SAN JOAQUIN COMMUNITY HOSPITAL (Defendant)

11/02/2015 Case Management Statement
Filed by JAMES B. M.D. GRIMES (Defendant); Kern Bone & Joint Specialists (Defendant)

11/02/2015 Statement-Case Management
Filed by Attorney for Defendant

10/22/2015 Request for Dismissal-Partial
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

10/22/2015 Request for Dismissal-Partial (W/PREJUDICE AS TO DEFTS, JOSEPH IPE, M.D. AND VALLEY ANESTHESIA ASSOCIATES, INC. ONLY )
Filed by Attorney for Plaintiff

10/21/2015 Request for Dismissal-Partial
Filed by Torres, Chris, individually and as (Plaintiff)

10/21/2015 Request for Dismissal-Partial (W/PREJUDICE AS TO DEFT, THC ORANGE COUNTY,INC. dba KINDRED HOSPITAL LOS ANGELES, ONLY )
Filed by Attorney for Plaintiff

10/02/2015 Declaration
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

10/02/2015 Points and Authorities
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

10/02/2015 Declaration
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

10/02/2015 Points and Authorities
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

10/02/2015 Points and Authorities
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

10/02/2015 Declaration
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

10/02/2015 Motion to Compel
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

10/02/2015 Motion to Compel
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

10/02/2015 Motion to Compel
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

10/02/2015 Points and Authorities
Filed by Attorney for Defendant

10/02/2015 Declaration (OF RYAN D. MARSHALL )
Filed by Attorney for Defendant

10/02/2015 Motion to Compel (RESPONSES TO SPECIAL INTERROGATORIES )
Filed by Attorney for Defendant

10/02/2015 Motion to Compel (PLAINTIFF’S RESPONSE TO SPECIAL INTERROGATORIES, SET ONE )
Filed by Attorney for Defendant

10/02/2015 Motion to Compel (RESPONSES TO FORM INTERROGATORIES, SET ONE )
Filed by Attorney for Defendant

09/21/2015 Miscellaneous-Other
Filed by Vikas M.D. Ghai (Defendant)

09/21/2015 Notice
Filed by Vikas M.D. Ghai (Defendant)

09/21/2015 Miscellaneous-Other
Filed by Vikas M.D. Ghai (Defendant)

09/21/2015 Answer to First Amended Complaint
Filed by Vikas M.D. Ghai (Defendant)

09/21/2015 Miscellaneous-Other (DESIGNATION OF TRIAL ATTORNEY )
Filed by Attorney for Defendant

09/21/2015 Notice (OF POSTING JURY FEES BY DEFT, VIKAS GHAI, M.D. )
Filed by Attorney for Defendant

09/21/2015 Miscellaneous-Other (CIVIL DEPOSIT )
Filed by Attorney for Defendant

09/21/2015 Answer to First Amended Complaint
Filed by Attorney for Defendant

09/08/2015 Demurrer
Filed by JAMES B. M.D. GRIMES (Defendant); Kern Bone & Joint Specialists (Defendant)

09/08/2015 Answer
Filed by Joseph M.D. Ipe (Defendant); Valley Anestheisa (Defendant)

09/08/2015 Demurrer (TO FIRST AMENDED COMPLAINT )
Filed by Attorney for Defendant

09/08/2015 Answer
Filed by Attorney for Defendant

09/02/2015 Amended Notice
Filed by Torres, Chris, individually and as (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

09/02/2015 Amended Notice (NOTICE OF FURTHER CASE MANAGEMENT CONFERENCE 11-19-15 DEPT P 8:30 AM )
Filed by Attorney for Plaintiff

08/31/2015 Notice
Filed by Torres, Chris, individually and as (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

08/31/2015 Notice (NOTICE OF FURTHER CASE MANAGEMENT CONFERENCE 11-18-15 8:30 AM DEPT P )
Filed by Attorney for Plaintiff

08/27/2015 Minute order entered: 2015-08-27 00:00:00
Filed by Clerk

08/14/2015 Case Management Statement
Filed by Torres, Chris, individually and as (Plaintiff)

08/14/2015 Statement-Case Management
Filed by Attorney for Plaintiff

08/12/2015 Case Management Statement
Filed by JAMES B. M.D. GRIMES (Defendant); Kern Bone & Joint Specialists (Defendant)

08/12/2015 Case Management Statement
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant)

08/12/2015 Statement-Case Management
Filed by Attorney for Defendant

08/10/2015 Proof-Service/Summons
Filed by Torres, Chris, individually and as (Plaintiff)

08/10/2015 Proof-Service/Summons
Filed by Torres, Chris, individually and as (Plaintiff)

08/10/2015 Proof-Service/Summons
Filed by Torres, Chris, individually and as (Plaintiff)

08/10/2015 Proof-Service/Summons
Filed by Attorney for Plaintiff

07/30/2015 Notice
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

07/30/2015 Miscellaneous-Other
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

07/30/2015 Notice
Filed by Torres, Chris, individually and as (Plaintiff)

07/30/2015 Amendment to Complaint
Filed by Torres, Chris, individually and as (Plaintiff)

07/30/2015 Amendment to Complaint
Filed by Torres, Chris, individually and as (Plaintiff)

07/30/2015 Amendment to Complaint
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

07/30/2015 Notice (OF DEPOSIT OF JURY FEES BY HEALTHSOUTH BAKERSFIELD REHABILITATION HOSPITAL, LLC )
Filed by Attorney for Defendant

07/30/2015 Miscellaneous-Other (CIVIL DEPOSIT )
Filed by Attorney for Defendant

07/30/2015 Notice (NOTICE OF CASE MANAGEMENT CONFERENCE 8-27-15 8:30 AM DEPT P )
Filed by Attorney for Plaintiff

07/30/2015 Amendment to Complaint (DOE 5 VIKAS GHAI, M.D. )
Filed by Attorney for Plaintiff

07/30/2015 Amendment to Complaint (DOE 4 VALLEY ANESTHESIA )
Filed by Attorney for Plaintiff

07/30/2015 Amendment to Complaint (DOE 3 JOSEPH IPE, M.D. )
Filed by Attorney for Plaintiff

07/27/2015 Miscellaneous-Other
Filed by SAN JOAQUIN COMMUNITY HOSPITAL (Defendant)

07/27/2015 Case Management Statement
Filed by Kindred Hospital-Los Angeles (DOE 1) (Defendant)

07/27/2015 Case Management Statement
Filed by Health South Corporation (Legacy Party); Healthsouth Bakersfield Rehabilitation (Defendant)

07/27/2015 Case Management Statement
Filed by SAN JOAQUIN COMMUNITY HOSPITAL (Defendant)

07/27/2015 Miscellaneous-Other (CIVIL DEPOSIT )
Filed by Attorney for Plaintiff

07/27/2015 Statement-Case Management
Filed by Attorney for Defendant

07/22/2015 Case Management Statement
Filed by JAMES B. M.D. GRIMES (Defendant); Kern Bone & Joint Specialists (Defendant)

07/22/2015 Statement-Case Management
Filed by Attorney for Defendant

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 09/29/2017 08/21/2017 06/20/2017 03/27/2017 02/08/2017 11/15/2016 08/23/2016 04/15/2016 11/23/2015 07/20/2015 03/24/2015

07/20/2015 Minute order entered: 2015-07-20 00:00:00
Filed by Clerk

07/20/2015 Proof-Service/Summons
Filed by Torres, Chris, individually and as (Plaintiff)

07/20/2015 Proof-Service/Summons
Filed by Torres, Chris, individually and as (Plaintiff)

07/20/2015 Challenge To Judicial Officer – Peremptory (170.6)
Filed by Torres, Chris, individually and as (Plaintiff)

07/20/2015 Proof-Service/Summons (PROOF OF SERVICE SOMMOMS ON THE FIRST AMENDED COMPLAINT FOR DAMAGES )
Filed by Attorney for Plaintiff

07/20/2015 Proof-Service/Summons
Filed by Attorney for Plaintiff

07/20/2015 Affidavit of Prejudice – Premptory
Filed by Attorney for Plaintiff

07/17/2015 Answer to First Amended Complaint
Filed by JAMES B. M.D. GRIMES (Defendant); Kern Bone & Joint Specialists (Defendant)

07/17/2015 Answer to First Amended Complaint
Filed by Attorney for Defendant

07/16/2015 Notice
Filed by Kindred Hospital-Los Angeles (DOE 1) (Defendant)

07/16/2015 Declaration
Filed by Kindred Hospital-Los Angeles (DOE 1) (Defendant)

07/16/2015 Demand for Jury Trial
Filed by Kindred Hospital-Los Angeles (DOE 1) (Defendant)

07/16/2015 Answer to Unverified 1st Am. Compl
Filed by Kindred Hospital-Los Angeles (DOE 1) (Defendant)

07/16/2015 Notice (OF DEPOSIT OF JURY FEES BY DEFENDANT THC ORANCE COUNTY, INC. DBA KINDRED HOSPITAL LOS ANGELES )
Filed by Attorney for Defendant

07/16/2015 Declaration (OF TRIAL COUNSEL ALEXANDER F. GIOVANNIELLO )
Filed by Attorney for Defendant

07/16/2015 Demand for Jury Trial
Filed by Attorney for Defendant

07/16/2015 Answer to Unverified 1st Am. Compl
Filed by Attorney for Defendant

07/09/2015 Notice
Filed by Clerk

07/09/2015 Notice
Filed by Clerk

07/09/2015 Notice
Filed by Clerk

07/09/2015 Notice
Filed by Clerk

07/09/2015 Notice (Notice of Transfer of Action )
Filed by Clerk

06/25/2015 Notice of Transfer
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant)

06/25/2015 Notice of Transfer
Filed by Attorney for Defendant

06/24/2015 Amendment to Complaint
Filed by Torres, Chris, individually and as (Plaintiff)

06/24/2015 Amendment to Complaint (DOE 2 KERN BONE & JOINT SPECIALISTS )
Filed by Attorney for Plaintiff

06/18/2015 MOTION/OPPOSITION/STIPULATION TO TRANSFER COMPLICATED PERSONAL INJURY CASE TO INDEPENDENT CALENDAR COURT AND ORDER

06/18/2015 Motion to Transfer
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant)

06/18/2015 Motion to Transfer (STIPULATION TO TRANSFER COMPLICATED PERSONAL INJURY CASE TO INDEPENDENT CALENDAR COURT AND ORDER GRANTED-Santa Monica, Dept. O )
Filed by Attorney for Defendant

06/08/2015 NOTICE OF RULING ON MOTION TO CHANGE VENUE

06/08/2015 Notice of Ruling
Filed by William Holloway (Plaintiff)

06/08/2015 Notice of Ruling (ON MOTION TO CHANGE VENUE )
Filed by Attorney for Plaintiff

06/02/2015 Minute order entered: 2015-06-02 00:00:00
Filed by Clerk

06/02/2015 ORDER RE: MOTION OF DEFENDANT, JAMES B. GRIMES, M.D., TO CHANGE VENUE

06/02/2015 Minute Order

06/02/2015 Order
Filed by Judge

06/02/2015 Order (RE: MOTION OF DEFENDANT, JAMES B. GRIMES, M.D., TO CHANGE VENUE )
Filed by Judge

05/28/2015 HEALTIISOIJ1LI BAKFKSFIELI) RFHABILITATION HOSIITAI, LLC D/B/A HEAITHSOUTH BAKEKSFIELI) REHABILITATION HOSPITALS, NOTICE OF JOIN PER IN MOTION TO TRANSFER VENUE FILED BY CO-DEFENDANT, JAMES B. GRIMES, M.D.

05/28/2015 Joinder
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

05/28/2015 Joinder (IN MOTION TO TRANSFER VENUE FILED BY CO-DEFT, JAMES B. GRIMES, M.D. )
Filed by Attorney for Defendant

05/27/2015 NOTICE OF JOINDER IN MOTION TO TRANSFER ACTION TO KERN COUNTY BASED ON IMPROPER COURT OF DEFENDANT JAMES B. GRIMES, M.D.

05/27/2015 Notice of Joinder
Filed by SAN JOAQUIN COMMUNITY HOSPITAL (Defendant)

05/27/2015 Notice of Joinder (IN MOTION TO TRANSFER ACTION TO KERN COUNTY BASED ON IMPROPER COURT OF DEFENDANT JAMES B. GRIMES , M.D. )
Filed by Attorney for Defendant

05/21/2015 DEFENDANT, JAMES B. GRIMES, M.D.’S, REPLY TO PLAINTIFFS’ OPPOSITION TO MOTION TO TRANSFER ACTION

05/21/2015 Reply to Opposition
Filed by JAMES B. M.D. GRIMES (Defendant)

05/21/2015 Reply to Opposition (TO MOTION TO TRANSFER ACTION )
Filed by Attorney for Defendant

05/15/2015 MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO MOTION TO TRANSFER

05/15/2015 Points and Authorities
Filed by Torres, Chris, individually and as (Plaintiff)

05/15/2015 Points and Authorities (IN OPPOSITION TO MOTION TO TRANSFER )
Filed by Attorney for Plaintiff

05/13/2015 AMENDMENT TO COMPLAINT SEC. 474 CCP

05/13/2015 Amendment to Complaint
Filed by Torres, Chris, individually and as (Plaintiff)

05/13/2015 Amendment to Complaint
Filed by Attorney for Plaintiff

04/29/2015 DEFENDANT, HEALTHSOUTH BAKERSFIELD REHABILITATION HOSPITAL, LLC D/B!A HEALTHSOUTH BAKERSFIELD REHABILITATION HOSPITAL’S, ANSWER TO PLAINTIFF’S FIRST AMENDED COMPLAINT FOR DAMAGES

04/29/2015 Answer to First Amended Complaint
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

04/29/2015 Answer to First Amended Complaint
Filed by Attorney for Defendant

04/14/2015 AMENDED NOTICE OF HEARING ON DEMURRER TO FIRST AMENDED COMPLAINT

04/14/2015 Notice of Hearing
Filed by JAMES B. M.D. GRIMES (Defendant)

04/14/2015 Notice of Hearing (AMENDED NOTICE OF HEARING ON DEMURRER TO FIRST AMENDED COMPLAINT )
Filed by Attorney for Defendant

04/08/2015 NOTICE OF MOTION AND MOTION TO TRANSFER ACTION TO KERN COUNTY BASED ON IMPROPER COURT; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF JENNIFER J. HENDERSON IN SUPPORT

04/08/2015 NOTICE OF HEARING ON DEMURRER; DEMURRER TO FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES

04/08/2015 DECLARATION OF JAMES B. GRIMES, M.D. IN SUPPORT OF MOTION FOR CHANGE OF VENUE

04/08/2015 Declaration
Filed by JAMES B. M.D. GRIMES (Defendant)

04/08/2015 Demurrer
Filed by JAMES B. M.D. GRIMES (Defendant)

04/08/2015 Motion to Transfer
Filed by JAMES B. M.D. GRIMES (Defendant)

04/08/2015 Declaration (OF JAMES B. GRIMES, M.D. IN SUPPORT OF MOTION FOR CHANGE OF VENUE )
Filed by Attorney for Defendant

04/08/2015 Demurrer (TO FIRST AMENDED COMPLAINT )
Filed by Attorney for Defendant

04/08/2015 Motion to Transfer
Filed by Attorney for Defendant

04/03/2015 ANSWER TO COMPLAINT

04/03/2015 Answer
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant)

04/03/2015 Answer to Complaint Filed
Filed by Attorney for Defendant

04/01/2015 ANSWER TO FIRST AMENDED COMPLAINT

04/01/2015 DESIGNATION OF TRIAL ATTORNEY AND DECLARATION IN SUPPORT THEREOF

04/01/2015 Answer to First Amended Complaint
Filed by SAN JOAQUIN COMMUNITY HOSPITAL (Defendant)

04/01/2015 Miscellaneous-Other
Filed by SAN JOAQUIN COMMUNITY HOSPITAL (Defendant)

04/01/2015 Answer to First Amended Complaint
Filed by Attorney for Defendant

04/01/2015 Miscellaneous-Other (DESINGATION OF TRIAL ATTY AND DECLARATION IN SUPPORT THEREOF )
Filed by Attorney for Defendant

03/25/2015 Minute order entered: 2015-03-25 00:00:00
Filed by Clerk

03/25/2015 Minute Order

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 09/29/2017 08/21/2017 06/20/2017 03/27/2017 02/08/2017 11/15/2016 08/23/2016 04/15/2016 11/23/2015 07/20/2015 03/24/2015

03/24/2015 PROOF OF SERVICE SUMMONS

03/24/2015 Proof-Service/Summons
Filed by Torres, Chris, individually and as (Plaintiff)

03/24/2015 Proof-Service/Summons
Filed by Attorney for Plaintiff

03/19/2015 Summons
Filed by Torres, Chris, individually and as (Plaintiff)

03/19/2015 SUMMONS ON FIRST AMENDED COMPLAINT

03/19/2015 Summons Filed
Filed by Attorney for Plaintiff

03/17/2015 Case Management Statement
Filed by Torres, Chris, individually and as (Plaintiff)

03/17/2015 CASE MANAGEMENT STATEMENT

03/17/2015 Statement-Case Management
Filed by Attorney for Plaintiff

03/16/2015 Proof of Service (not Summons and Complaint)
Filed by Torres, Chris, individually and as (Plaintiff)

03/16/2015 PROOF OF SERVICE SUMMONS

03/16/2015 Proof of Service
Filed by Attorney for Plaintiff

03/06/2015 Proof of Service (not Summons and Complaint)
Filed by Plaintiff

03/06/2015 Proof of Service (not Summons and Complaint)
Filed by Plaintiff

03/06/2015 PROOF OF SERVICE OF SUMMONS

03/06/2015 PROOF OF SERVICE OF SUMMONS

03/06/2015 Proof of Service (PARTY SERVED: SAN JOAQUIN COMMUNITY HOSPITAL )
Filed by Attorney for Plaintiff

03/06/2015 Proof of Service (PARTY SERVED: JAMES B. GRIMES, M.D. )
Filed by Attorney for Plaintiff

02/26/2015 NOTICE OF CASE MANAGEMENT CONFERENCE

02/26/2015 Notice of Case Management Conference
Filed by Torres, Chris, individually and as (Plaintiff)

02/26/2015 Notice-Case Management Conference
Filed by Attorney for Plaintiff

01/21/2015 FIRST AMENDED COMPLAINT FOR DAMAGES

01/21/2015 First Amended Complaint

01/21/2015 First Amended Complaint
Filed by Attorney for Plaintiff

01/02/2015 Minute order entered: 2015-01-02 00:00:00
Filed by Clerk

03/21/2011 Notice
Filed by MD, NADIM W. SARKIES (Defendant)

03/21/2011 Notice (OF ERRATA REGARDING EXHIBIT C IN SUPPORT OF DEFT NADIM SARKIES, M.D.’S MOTION TO TRANSFER VENUE )
Filed by Attorney for Defendant

11/22/2007 Notice
Filed by M.D., SHANKAR RAMAN (Defendant)

11/22/2007 Notice (NOTICE OF ENTRY OF ORDER DETERMINING GOOD FAITH SETTLEMENT )
Filed by Attorney for Defendant

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 09/29/2017 08/21/2017 06/20/2017 03/27/2017 02/08/2017 11/15/2016 08/23/2016 04/15/2016 11/23/2015 07/20/2015 03/24/2015

Proceedings Held
Case Information | Register Of Actions | FUTURE HEARINGS | PARTY INFORMATION | Documents Filed | Proceedings Held

Proceedings Held (Proceeding dates listed in descending order)

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
05/26/2017 08/25/2016

09/25/2017 at 09:30 AM in Department P
(Trial – Resumes; Verdict Reached) –

09/25/2017 at 09:30 am in Department WEP, Nancy L. Newman, Presiding
Trial – Resumes – Verdict Reached

09/22/2017 at 09:30 AM in Department P
(Trial – Resumes; Full Day of Trial Held) –

09/22/2017 at 09:30 am in Department WEP, Nancy L. Newman, Presiding
Trial – Resumes – Full Day of Trial Held

09/21/2017 at 09:30 AM in Department P
(Trial – Resumes; Full Day of Trial Held) –

09/21/2017 at 09:30 am in Department WEP, Nancy L. Newman, Presiding
Trial – Resumes – Full Day of Trial Held

09/20/2017 at 09:30 AM in Department P
(Trial – Resumes; Full Day of Trial Held) –

09/20/2017 at 09:30 am in Department WEP, Nancy L. Newman, Presiding
Trial – Resumes – Full Day of Trial Held

09/19/2017 at 10:30 AM in Department P
(Trial – Resumes; Half Day of Trial Held) –

09/19/2017 at 10:30 am in Department WEP, Nancy L. Newman, Presiding
Trial – Resumes – Half Day of Trial Held

09/18/2017 at 09:00 AM in Department P
Jury Trial (Jury Trial; Trial continued) –

09/18/2017 at 09:00 am in Department WEP, Nancy L. Newman, Presiding
Jury Trial – Trial continued

09/14/2017 at 09:00 AM in Department P
Jury Trial (Jury Trial; Advanced to this date & continued) –

09/14/2017 at 09:00 am in Department WEP, Nancy L. Newman, Presiding
Jury Trial – Advanced to this date & continued

09/13/2017 at 09:00 AM in Department P
Final Status Conference (Final Status Conference; Court Makes Order) –

09/13/2017 at 09:00 am in Department WEP, Nancy L. Newman, Presiding
Final Status Conference – Court Makes Order

09/12/2017 at 09:00 AM in Department P
Final Status Conference (Final Status Conference; Advanced to this date & continued) –

09/12/2017 at 08:30 AM in Department P
Hearing on Motion for Reconsideration (Motion for Reconsideration; Court Makes Order) –

09/12/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Motion for Reconsideration – Court Makes Order

09/11/2017 at 4:00 PM in Department P
Unknown Event Type – Not Held – Advanced and Vacated

09/05/2017 at 09:00 AM in Department P
Jury Trial – Not Held – Advanced and Vacated

09/01/2017 at 08:30 AM in Department P
Ex-Parte Proceedings (Ex Parte Application; Court Makes Order) –

09/01/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Ex-Parte Application – Court Makes Order

08/29/2017 at 1:30 PM in Department P
Ruling on Submitted Matter (Ruling on Submitted Matter; Court Makes Order) –

08/29/2017 at 01:30 pm in Department WEP, Nancy L. Newman, Presiding
Ruling on Submitted Matter – Court Makes Order

08/25/2017 at 09:00 AM in Department P
Final Status Conference (Final Status Conference; Continued by Court) –

08/25/2017 at 09:00 am in Department WEP, Nancy L. Newman, Presiding
Final Status Conference (JT: 9/5/17) – Continued by Court

08/18/2017 at 08:30 AM in Department P
Ex-Parte Proceedings (Ex Parte Application; Court Makes Order) –

08/18/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Ex-Parte Application – Court Makes Order

08/16/2017 at 08:30 AM in Department P
Hearing on Motion for Summary Judgment – Held – Taken under Submission

08/16/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Motion – Summary Judgment – Matter Heard-Under Submission

07/28/2017 at 09:00 AM in Department P
Status Conference (Status Conference; Advanced to this date & continued) –

07/27/2017 at 08:30 AM in Department P
Ruling on Submitted Matter (Ruling on Submitted Matter; Court Makes Order) –

07/27/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Ruling on Submitted Matter – Court Makes Order

07/25/2017 at 08:30 AM in Department P
Hearing on Motion for Summary Judgment (Motion – Summary Judgment; Motion Denied) –

07/25/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Motion – Summary Judgment – Motion Denied

07/20/2017 at 08:30 AM in Department P
Hearing on Motion for Summary Judgment – Held – Taken under Submission

07/20/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Motion – Summary Judgment – Matter Heard-Under Submission

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 05/26/2017 08/25/2016

05/26/2017 at 09:00 AM in Department P
Ex-Parte Proceedings – Held – Motion Granted

05/26/2017 at 09:00 am in Department WEP, Nancy L. Newman, Presiding
Ex-Parte Application – Motion Granted

05/10/2017 at 08:30 AM in Department P
Hearing on Motion for Summary Judgment (Motion – Summary Judgment; Motion Denied) –

05/10/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Motion – Summary Judgment – Motion Denied

04/27/2017 at 08:30 AM in Department P
Hearing on Motion for Trial Preference – Held – Motion Granted

04/27/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Motion – Preference On Trial – Motion Granted

04/26/2017 at 08:30 AM in Department P
Hearing on Motion for Summary Judgment (Motion – Summary Judgment; Continued by Court) –

04/26/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Motion – Summary Judgment – Continued by Court

04/17/2017 at 09:00 AM in Department P
Jury Trial (Jury Trial; Advanced to this date & continued) –

04/07/2017 at 09:00 AM in Department P
Final Status Conference (Final Status Conference; Advanced to this date & continued) –

03/23/2017 at 08:30 AM in Department P
Hearing on Motion for Change of Venue (Motion for Change of Venue; Court Makes Order) –

03/23/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Motion for Change of Venue – Court Makes Order

03/22/2017 at 08:30 AM in Department P
Unknown Event Type – Held – Motion Granted

03/22/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Motion to Compel – Motion Granted

03/03/2017 at 09:00 AM in Department P
Status Conference (Status Conference; Advanced to this date & continued) –

03/02/2017 at 08:30 AM in Department P
Hearing on Motion for Summary Judgment – Not Held – Advanced and Vacated

02/24/2017 at 09:00 AM in Department P
Hearing on Motion for Change of Venue – Not Held – Advanced and Vacated

01/25/2017 at 08:30 AM in Department P
(Motion; Denied) –

01/25/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Motion (for summary judgment/summaryadjudication) – Denied

01/19/2017 at 08:30 AM in Department P
(Motion for Leave; Court Makes Order) –

01/19/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Motion for Leave – Court Makes Order

12/12/2016 at 09:00 AM in Department P
Jury Trial (Jury Trial; Advanced to this date & continued) –

12/09/2016 at 08:30 AM in Department P
Ex-Parte Proceedings – Held – Motion Granted

12/09/2016 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Ex-Parte Application – Motion Granted

12/01/2016 at 08:30 AM in Department O
Hearing on Motion for Change of Venue – Held

12/01/2016 at 08:30 am in Department WEO, Nancy L. Newman, Presiding
Motion for Change of Venue (AND 3 JOINDERS) – Completed

11/18/2016 at 09:00 AM in Department P
Final Status Conference (Final Status Conference; Advanced to this date & continued) –

10/14/2016 at 09:00 AM in Department P
Status Conference (Status Conference; Advanced to this date & continued) –

09/27/2016 at 08:30 AM in Department P
Ruling on Submitted Matter (Ruling on Submitted Matter; Court Makes Order) –

09/27/2016 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Ruling on Submitted Matter – Court Makes Order

09/02/2016 at 09:00 AM in Department P
Hearing on Demurrer – without Motion to Strike – Held – Taken under Submission

09/02/2016 at 09:00 am in Department WEP, Nancy L. Newman, Presiding
Demurrer – Matter Heard-Under Submission

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 05/26/2017 08/25/2016

08/25/2016 at 08:29 AM in Department P
Hearing on Demurrer – without Motion to Strike – Not Held – Advanced and Vacated

08/24/2016 at 08:30 AM in Department P
Hearing on Demurrer – without Motion to Strike (Demurrer; Continued) –

08/24/2016 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Demurrer (-TO THIRD AMENDED COMPLAINT) – Continued

07/21/2016 at 08:29 AM in Department P
Hearing on Demurrer – without Motion to Strike – Not Held – Advanced and Vacated

06/01/2016 at 08:30 AM in Department P
Hearing on Demurrer – without Motion to Strike (Demurrer; Sustained with leave to amend) –

06/01/2016 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Demurrer – Sustained with leave to amend

04/15/2016 at 08:30 AM in Department P
Ex-Parte Proceedings (Ex Parte Application; Court Makes Order) –

04/15/2016 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Ex-Parte Application – Court Makes Order

01/14/2016 at 08:30 AM in Department P
Unknown Event Type – Held – Motion Granted

01/14/2016 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Motion for Leave – Motion Granted

12/10/2015 at 08:30 AM in Department P
Unknown Event Type – Not Held – Advanced and Vacated

11/19/2015 at 08:30 AM in Department P
Case Management Conference (Conference-Case Management; Trial Set) –

11/19/2015 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Conference-Case Management – Trial Set

11/06/2015 at 1:30 PM in Department 93
Hearing on Demurrer – without Motion to Strike (Hearing on Demurrer; Vacated) –

08/27/2015 at 08:30 AM in Department P
Case Management Conference – Held – Continued

08/27/2015 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Conference-Case Management – Held-Continued

08/10/2015 at 08:30 AM in Department O
Case Management Conference – Not Held – Advanced and Vacated

07/20/2015 at 00:00 AM in Department O
(Affidavit of Prejudice; Case reassigned per 170 CCP) –

07/20/2015 in Department WEO, Lisa Hart Cole, Presiding
Affidavit of Prejudice – Case reassigned per 170 CCP

06/02/2015 at 1:30 PM in Department 93
Hearing on Motion to Transfer (Motion to Transfer; Denied) –

06/02/2015 at 01:30 pm in Department LA93, Halm, Howard L., Presiding
Motion to Transfer (-ACTION TO KERN COUNTYJOINDER OF SAN JOAQUIN COMMUNITYHOSPITALJOINDER OF DEFT HEALTHSOUTH BAKERSFIELD REHABILITATION HOSPITAL) – Denied

03/25/2015 at 08:30 AM in Department 93
Case Management Conference (Conference-Case Management; Trial Date Set) –

03/25/2015 at 08:30 am in Department LA93, Halm, Howard L., Presiding
Conference-Case Management – Trial Date Set

01/02/2015 at 08:30 AM in Department O
Non-Appearance Case Review (Non-Appearance (Case Review); Court Makes Order) –

01/02/2015 at 08:30 am in Department WEO, Lisa Hart Cole, Presiding
Non-Appearance (Case Review) – Court Makes Order

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 05/26/2017 08/25/2016

Register Of Actions
Case Information | Register Of Actions | FUTURE HEARINGS | PARTY INFORMATION | Documents Filed | Proceedings Held

Register of Actions (Listed in descending order)

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
09/29/2017 08/22/2017 06/27/2017 04/05/2017 02/17/2017 12/05/2016 08/31/2016 05/20/2016 12/18/2015 08/12/2015 04/14/2015

02/25/2019 Appeal – Remittitur – Appeal Dismissed (B287436)
Filed by Clerk

12/31/2018 Acknowledgment of Satisfaction of Judgment
Filed by Torres, Chris, individually and as (Plaintiff)

12/31/2018 Acknowledgment of Satisfaction of Judgment
Filed by Torres, Chris, individually and as (Plaintiff)

04/11/2018 Abstract of Judgment Issued (ABSTRACT ISSUED AND MAILED IN SASE )
Filed by Attorney for Creditor

04/11/2018 Abstract of Judgment – Civil and Small Claims
Filed by Creditor

03/28/2018 Assignment of Judgment (ACKNOWLEDGMENT OF ASSIGNMENT OF JUDGMENT FILED. )
Filed by Attorney for Assignee

03/28/2018 Assignment of Judgment
Filed by Assignee

03/21/2018 Ntc to Reptr/Mon to Prep Transcrpt
Filed by Clerk

03/21/2018 Ntc to Reptr/Mon to Prep Transcrpt
Filed by Clerk

03/15/2018 Notice of Designation of Record
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

03/15/2018 Notice of Designation of Record (PLAINTIFF’S CLARIFICATION OF DESIGNATION OF REPORTER’S TRANSCRIPT ON APPEAL FILED BY HOYT E. HART II BEHALF OF TORRES; MCQUILLIAMS AND HOLLOWAY )
Filed by Attorney for Appellant

03/14/2018 Assignment of Judgment
Filed by Assignee

03/14/2018 Assignment of Judgment (ASSIGNMENT OF JUDGMENT FILED. OLD RICHARD PAULSEN NEW AMERICAN CASUALTY COMPANY P.O. BOX 8317 CHICAGO, IL 60680- 8317)
Filed by Attorney for Assignee

03/01/2018 Notice
Filed by Richard A. Paulsen (Defendant)

03/01/2018 Notice (NOTICE OF ENTRY OF JUDGMENT RE: MEMORANDUM OF COSTS RECEIVED BY THE COURT ON 10-27-17 )
Filed by Attorney for Defendant

01/24/2018 Notice
Filed by Clerk

01/24/2018 Notice (OF DEFAULT ON APPEAL )
Filed by Clerk

01/11/2018 Ntc to Attorney re Notice of Appeal
Filed by Clerk

01/11/2018 Ntc to Atty re Notice of Appeal
Filed by Clerk

01/05/2018 Judgment (RE MEMORANDUM OF COSTS RECEIVED BY THE COURT ON OCTOBER 27, 2017 )
Filed by Attorney for Defendant

01/05/2018 Judgment
Filed by Richard A. Paulsen (Defendant)

12/19/2017 Notice of Appeal
Filed by Attorney for Plaintiff

12/19/2017 Designation of Record on Appeal
Filed by Attorney for Plaintiff

12/19/2017 Notice

12/19/2017 Notice (NOTICE OF APPEAL FILED WITH THE COURT AND WAS SENT TO DEPARTMENT IN EROR ON 12/19/17. APPEAL IS BEING FORWARDED TO THE APPEALS DEPARTMENT AT STANLEY MOSK COURT )
Filed by Attorney for Plaintiff

12/19/2017 Notice of Appeal
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

12/19/2017 Designation of Record on Appeal
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

12/19/2017 Notice (NOTICE OF APPEAL FILED AND BEING F FORWARDED TO THE APPEAL’S DEPT. OF THE STANLEY MOSK COURTHOUSE. )
Filed by Attorney for Plaintiff

12/19/2017 Notice

11/22/2017 Notice
Filed by Attorney for Defendant

11/22/2017 Notice
Filed by ROBERT B. PACKER (Attorney); M.D., SHANKAR RAMAN (Defendant)

11/16/2017 Application
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

11/16/2017 Notice (OF SETTLEMENT AS TO DEFENDANT VIKAS GHAI, M.D. )
Filed by Attorney for Defendant

11/16/2017 Order (DETERMINING GOOD FAITH SETTLEMENT )
Filed by Attorney for Defendant

11/16/2017 Application – misc (FOR ORDER DETERMINING GOOD FAITH SETTLEMENT BY DEFENDANT VIKAS GHAI, M.D. )
Filed by Attorney for Defendant

11/16/2017 Notice
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

11/16/2017 Order
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

11/09/2017 Application
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

11/09/2017 Notice (OF INTENTION TO MOVE FOR A NEW TRIAL )
Filed by Attorney for Plaintiff

11/09/2017 Notice (OF SETTLEMENT AS TO DEFENDANT SHANKAR RAMAN M.D. )
Filed by Attorney for Defendant

11/09/2017 Application – Miscellaneous (FOR ORDER DETERMINING GOOD FAITH SETTLEMENT BY DEFENDANT, SHANKAR RAMAN M.D.; )
Filed by Attorney for Defendant

11/09/2017 Order (determining good faith settlement )
Filed by Attorney for Defendant

11/09/2017 Notice
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

11/09/2017 Order
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

11/09/2017 Notice
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

10/27/2017 Notice of Entry of Judgment
Filed by Richard A. Paulsen (Defendant)

10/27/2017 Memorandum of Costs
Filed by Defendant

10/27/2017 Memorandum of Costs (MEMORANDUM OF COSTS SUMMARY RECEIVED WITH A TOTAL COSTS OF $96,741.36. )
Filed by Attorney for Defendant

10/27/2017 Notice of Entry of Judgment (ON SPECIAL VERDICT )
Filed by Attorney for Defendant

10/18/2017 Receipt
Filed by Torres, Chris, individually and as (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

10/18/2017 Receipt (CIVIL DEPOSIT $465.84 )
Filed by Attorney for Plaintiff

10/17/2017 Judgment (ON SPECIAL VERDICT )
Filed by Attorney for Defendant

10/17/2017 Judgment
Filed by Richard A. Paulsen (Defendant)

10/12/2017 Notice of Entry of Dismissal & P&S
Filed by MD, JAY YOO (Defendant)

10/12/2017 Notice of Entry of Dismissal & P&S
Filed by Attorney for Defendant

10/03/2017 Partial Dismissal (with Prejudice) (AS TO DEFENDANT JAY YOO, M.D., ONLY )
Filed by Attorney for Plaintiff

10/03/2017 Partial Dismissal (with Prejudice)
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 09/29/2017 08/22/2017 06/27/2017 04/05/2017 02/17/2017 12/05/2016 08/31/2016 05/20/2016 12/18/2015 08/12/2015 04/14/2015

09/29/2017 Order (DETERMINING GOOD FAITH SETTLEMENT OF DEFENDANT JAY YOO, M.D. PURSUANT TO CCP SECTION 877.6(A)(2 )
Filed by Attorney for Defendant

09/29/2017 Summary Judgment
Filed by MD, NADIM W. SARKIES (Defendant)

09/29/2017 Order
Filed by MD, JAY YOO (Defendant)

09/29/2017 Summary Judgment (JUDGMENT ON MOTION FOR SUMMARY JUDGMENT )
Filed by Attorney for Defendant

09/27/2017 Miscellaneous-Other
Filed by Richard A. Paulsen (Defendant)

09/27/2017 Notice of Entry of Dismissal & P&S
Filed by M.D., SHANKAR RAMAN (Defendant)

09/27/2017 Miscellaneous-Other (CIVIL DEPOSIT OF DAILY JURY FEES )
Filed by Attorney for Defendant

09/27/2017 Notice of Entry of Dismissal & P&S
Filed by Attorney for Defendant

09/27/2017 Notice of Entry of Dismissal & P&S
Filed by Vikas M.D. Ghai (Defendant)

09/25/2017 at 09:30 AM in Department P
(Trial – Resumes; Verdict Reached) –

09/25/2017 at 09:30 am in Department WEP, Nancy L. Newman, Presiding
Trial – Resumes – Verdict Reached

09/25/2017 Motion (TO AMEND COMPLAINT TO CONFORM TO PROOF )
Filed by Attorney for Plaintiff

09/25/2017 Memorandum of Costs
Filed by Defendant

09/25/2017 Memorandum of Costs (MEMORANDUM OF COSTS SUMMARY RECEIVED IN THE AMOUNT OF $18,023.60. )
Filed by Attorney for Defendant

09/25/2017 Jury Question
Filed by Clerk

09/25/2017 Jury Question
Filed by Clerk

09/25/2017 Minute order entered: 2017-09-25 00:00:00
Filed by Clerk

09/25/2017 Motion
Filed by Torres, Chris, individually and as (Plaintiff)

09/22/2017 at 09:30 AM in Department P
(Trial – Resumes; Full Day of Trial Held) –

09/22/2017 at 09:30 am in Department WEP, Nancy L. Newman, Presiding
Trial – Resumes – Full Day of Trial Held

09/22/2017 Minute order entered: 2017-09-22 00:00:00
Filed by Clerk

09/21/2017 at 09:30 AM in Department P
(Trial – Resumes; Full Day of Trial Held) –

09/21/2017 at 09:30 am in Department WEP, Nancy L. Newman, Presiding
Trial – Resumes – Full Day of Trial Held

09/21/2017 Minute order entered: 2017-09-21 00:00:00
Filed by Clerk

09/20/2017 at 09:30 AM in Department P
(Trial – Resumes; Full Day of Trial Held) –

09/20/2017 at 09:30 am in Department WEP, Nancy L. Newman, Presiding
Trial – Resumes – Full Day of Trial Held

09/20/2017 Minute order entered: 2017-09-20 00:00:00
Filed by Clerk

09/20/2017 Exhibit List
Filed by Richard A. Paulsen (Defendant)

09/20/2017 Exhibit List (amended )
Filed by Attorney for Defendant

09/19/2017 at 10:30 AM in Department P
(Trial – Resumes; Half Day of Trial Held) –

09/19/2017 at 10:30 am in Department WEP, Nancy L. Newman, Presiding
Trial – Resumes – Half Day of Trial Held

09/19/2017 Minute order entered: 2017-09-19 00:00:00
Filed by Clerk

09/19/2017 Brief
Filed by Estate of Phyllis McQuilliams and (Plaintiff)

09/19/2017 Brief (bench brief on the applicability of jury instructions )
Filed by Attorney for Plaintiff

09/18/2017 at 09:00 AM in Department P
Jury Trial (Jury Trial; Trial continued) –

09/18/2017 at 09:00 am in Department WEP, Nancy L. Newman, Presiding
Jury Trial – Trial continued

09/18/2017 Minute order entered: 2017-09-18 00:00:00
Filed by Clerk

09/18/2017 Stip & Order-use CSR ( DAVID OCANAS CSR #12567 )
Filed by Attorney for Defendant

09/18/2017 Stipulation and Order to use Certified Shorthand Reporter
Filed by Richard A. Paulsen (Defendant)

09/14/2017 at 09:00 AM in Department P
Jury Trial (Jury Trial; Advanced to this date & continued) –

09/14/2017 at 09:00 am in Department WEP, Nancy L. Newman, Presiding
Jury Trial – Advanced to this date & continued

09/14/2017 Minute order entered: 2017-09-14 00:00:00
Filed by Clerk

09/14/2017 Notice (OF ENTRY OF ORDER )
Filed by Attorney for Defendant

09/14/2017 Notice
Filed by MD, NADIM W. SARKIES (Defendant)

09/13/2017 at 09:00 AM in Department P
Final Status Conference (Final Status Conference; Court Makes Order) –

09/13/2017 at 09:00 am in Department WEP, Nancy L. Newman, Presiding
Final Status Conference – Court Makes Order

09/13/2017 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
Filed by Richard A. Paulsen (Defendant)

09/13/2017 Ord-Appt Apprv Rptr as Rptr protem (NANCY BRINK CSR #6501 )
Filed by Attorney for Defendant

09/13/2017 Minute order entered: 2017-09-13 00:00:00
Filed by Clerk

09/12/2017 at 09:00 AM in Department P
Final Status Conference (Final Status Conference; Advanced to this date & continued) –

09/12/2017 at 08:30 AM in Department P
Hearing on Motion for Reconsideration (Motion for Reconsideration; Court Makes Order) –

09/12/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Motion for Reconsideration – Court Makes Order

09/12/2017 Ord-Appt Apprv Rptr as Rptr protem (KAREN KAY CSR #3862 )
Filed by Attorney for Defendant

09/12/2017 Minute order entered: 2017-09-12 00:00:00
Filed by Clerk

09/12/2017 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
Filed by MD, NADIM W. SARKIES (Defendant)

09/12/2017 Minute order entered: 2017-09-12 00:00:00
Filed by Clerk

09/11/2017 at 4:00 PM in Department P
Unknown Event Type – Not Held – Advanced and Vacated

09/11/2017 Reply to Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

09/11/2017 Reply to Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

09/11/2017 Reply to Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

09/11/2017 Reply to Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

09/11/2017 Reply to Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

09/11/2017 Reply to Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

09/11/2017 Reply to Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

09/11/2017 Reply to Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

09/11/2017 Reply to Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

09/11/2017 Request for Dismissal-Partial
Filed by Vikas M.D. Ghai (Defendant)

09/11/2017 Reply to Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

09/11/2017 Reply to Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

09/11/2017 Reply to Opposition
Filed by William Holloway (Plaintiff)

09/11/2017 Declaration
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

09/11/2017 Request for Dismissal-Partial (W/PREJUDICE COMPLAINT AS TO VIKAS GHAI, M.D. AND SHANKAR RAMAN, M.D., ONLY each to bear its own fees and costs )
Filed by Attorney for Defendant

09/11/2017 Reply to Opposition
Filed by Attorney for Plaintiff

09/11/2017 Declaration (OF CALEN D. WEISS )
Filed by Attorney for Defendant

09/11/2017 Reply to Opposition
Filed by Attorney for Defendant

09/11/2017 Minute order entered: 2017-09-11 00:00:00
Filed by Clerk

09/08/2017 Notice of Association of Attorneys
Filed by Attorney for Plaintiff

09/08/2017 Opposition
Filed by Attorney for Defendant

09/08/2017 Association of Attorney
Filed by Torres, Chris, individually and as (Plaintiff)

09/08/2017 Opposition
Filed by MD, NADIM W. SARKIES (Defendant)

09/05/2017 at 09:00 AM in Department P
Jury Trial – Not Held – Advanced and Vacated

09/01/2017 at 08:30 AM in Department P
Ex-Parte Proceedings (Ex Parte Application; Court Makes Order) –

09/01/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Ex-Parte Application – Court Makes Order

09/01/2017 Ex-Parte Application (FOR AN ORDER ADVANCING THE FINAL STATUS CONFERENCE IN THIS MATTER TO 9/6/17 OR 9/7/17 DEPENDING ON THE COURT’S AVAILABILITY )
Filed by Attorney for Defendant

09/01/2017 Minute order entered: 2017-09-01 00:00:00
Filed by Clerk

09/01/2017 Ex-Parte Application
Filed by Torres, Chris, individually and as (Plaintiff)

09/01/2017 Ex-Parte Application
Filed by Richard A. Paulsen (Defendant)

09/01/2017 Stipulation and Order to use Certified Shorthand Reporter
Filed by MD, NADIM W. SARKIES (Defendant)

09/01/2017 Stip & Order-use CSR (JOSSLYN GORDON CSR #10284 )
Filed by Attorney for Defendant

09/01/2017 Ex-Parte Application ( FOR SPECIAL SETTING OF MOTION FOR RECONSIDERATION )
Filed by Attorney for Plaintiff

08/31/2017 Notice of Settlement
Filed by MD, JAY YOO (Defendant)

08/31/2017 Application for Determination of Good Faith Settlement
Filed by MD, JAY YOO (Defendant)

08/31/2017 Rq for Determ of Good Faith Setlmt (APPLICATION FOR AN ORDER DETERMINING GOOD FAITH SETTLEMENT BY DEFENDANT JAY YOO M.D. )
Filed by Attorney for Defendant

08/31/2017 Notice-Settlement (AS TO DEFENDANT JAY YOO, M.D. )
Filed by Attorney for Defendant

08/29/2017 at 1:30 PM in Department P
Ruling on Submitted Matter (Ruling on Submitted Matter; Court Makes Order) –

08/29/2017 at 01:30 pm in Department WEP, Nancy L. Newman, Presiding
Ruling on Submitted Matter – Court Makes Order

08/29/2017 Minute order entered: 2017-08-29 00:00:00
Filed by Clerk

08/25/2017 at 09:00 AM in Department P
Final Status Conference (Final Status Conference; Continued by Court) –

08/25/2017 at 09:00 am in Department WEP, Nancy L. Newman, Presiding
Final Status Conference (JT: 9/5/17) – Continued by Court

08/25/2017 Minute order entered: 2017-08-25 00:00:00
Filed by Clerk

08/24/2017 Proof of Service (not Summons and Complaint)
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/24/2017 Notice
Filed by Richard A. Paulsen (Defendant)

08/24/2017 Notice
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/24/2017 Notice
Filed by Richard A. Paulsen (Defendant)

08/24/2017 Notice
Filed by Richard A. Paulsen (Defendant)

08/24/2017 Notice
Filed by Richard A. Paulsen (Defendant)

08/24/2017 Notice
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/24/2017 Notice
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/24/2017 Notice
Filed by Richard A. Paulsen (Defendant)

08/24/2017 Notice
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/24/2017 Notice
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/24/2017 Notice
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/24/2017 Notice
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/24/2017 Notice
Filed by Richard A. Paulsen (Defendant)

08/24/2017 Notice
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/24/2017 Notice
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/24/2017 Notice
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/24/2017 Notice
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.1 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.2 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.3 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.4 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.5 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.6 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.7 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.8 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.10 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.11 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION R: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.12 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.13 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.14 )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.16 )
Filed by Attorney for Defendant

08/24/2017 Objection Document Filed
Filed by Torres, Chris, individually and as (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

08/24/2017 Notice (OF NON-OPPOSITION RE: RICHARD A. PAULSEN’S MOTION IN LIMINE NO.15 )
Filed by Attorney for Defendant

08/24/2017 Objection Document Filed
Filed by Attorney for Plaintiff

08/24/2017 Notice (OF NON-OPPOSITION RE: JAY YOO,M.D. MOTION IN LIMINE )
Filed by Attorney for Defendant

08/24/2017 Notice (OF NON-OPPOSITION RE: VIKAS GHAI, M.D. AND SHANKAR RAMAN, M.D.’S MOTION IN LIMINE )
Filed by Attorney for Defendant

08/24/2017 Proof of Service (OF MOTIONS IN LIMINE )
Filed by Attorney for Defendant

08/23/2017 Points and Authorities
Filed by William Holloway (Plaintiff)

08/23/2017 Points and Authorities
Filed by Attorney for Plaintiff

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 09/29/2017 08/22/2017 06/27/2017 04/05/2017 02/17/2017 12/05/2016 08/31/2016 05/20/2016 12/18/2015 08/12/2015 04/14/2015

08/22/2017 Reply
Filed by MD, NADIM W. SARKIES (Defendant)

08/22/2017 Reply (BRIEF )
Filed by Attorney for Defendant

08/21/2017 Points and Authorities
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

08/21/2017 Points and Authorities
Filed by Attorney for Plaintiff

08/18/2017 at 08:30 AM in Department P
Ex-Parte Proceedings (Ex Parte Application; Court Makes Order) –

08/18/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Ex-Parte Application – Court Makes Order

08/18/2017 Brief
Filed by MD, NADIM W. SARKIES (Defendant)

08/18/2017 Brief
Filed by MD, NADIM W. SARKIES (Defendant)

08/18/2017 Witness List
Filed by MD, NADIM W. SARKIES (Defendant)

08/18/2017 Statement of the Case
Filed by MD, NADIM W. SARKIES (Defendant)

08/18/2017 Miscellaneous-Other
Filed by MD, NADIM W. SARKIES (Defendant)

08/18/2017 Jury Instructions
Filed by MD, NADIM W. SARKIES (Defendant)

08/18/2017 Exhibit List
Filed by MD, NADIM W. SARKIES (Defendant)

08/18/2017 Miscellaneous-Other
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

08/18/2017 Miscellaneous-Other
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

08/18/2017 Ex-Parte Application (FOR CONSIDERATION OF OVERLOOKED POINT IN OPPOSITION TO SARKIES’ MOTION FOR SUMMARY JUDGMENT )
Filed by Attorney for Plaintiff

08/18/2017 Minute order entered: 2017-08-18 00:00:00
Filed by Clerk

08/18/2017 Opposition
Filed by MD, NADIM W. SARKIES (Defendant)

08/18/2017 Statement of the Case
Filed by Richard A. Paulsen (Defendant)

08/18/2017 Witness List
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

08/18/2017 Statement of the Case
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

08/18/2017 Exhibit List
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

08/18/2017 Miscellaneous-Other
Filed by Richard A. Paulsen (Defendant)

08/18/2017 Exhibit List
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/18/2017 Witness List
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/18/2017 Miscellaneous-Other
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/18/2017 Miscellaneous-Other
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/18/2017 Ex-Parte Application
Filed by Torres, Chris, individually and as (Plaintiff)

08/18/2017 Opposition (TO PLTFFS’ MTN IN LIMINE NO.1 )
Filed by Attorney for Defendant

08/18/2017 Motion in Limine (NO.1 )
Filed by Attorney for Defendant

08/18/2017 Joinder (TO DEFTS MTN IN LIMINE NO. 14 )
Filed by Attorney for Defendant

08/18/2017 Brief (TRIAL )
Filed by Attorney for Defendant

08/18/2017 List of Witnesses (PROPOSED )
Filed by Attorney for Defendant

08/18/2017 Statement of Case (PROPOSED )
Filed by Attorney for Defendant

08/18/2017 Miscellaneous-Other (PROPOSED SPECIAL VERDICT )
Filed by Attorney for Defendant

08/18/2017 Jury Instructions (PROPOSED )
Filed by Attorney for Defendant

08/18/2017 Exhibit List (PROPOSED )
Filed by Attorney for Defendant

08/18/2017 Miscellaneous-Other (PRE-TRIAL DOCUMENTS )
Filed by Attorney for Plaintiff

08/18/2017 Miscellaneous-Other (PROPOSED JURY INSTRUCTIONS )
Filed by Attorney for Plaintiff

08/18/2017 List of Witnesses
Filed by Attorney for Plaintiff

08/18/2017 Statement of Case
Filed by Attorney for Plaintiff

08/18/2017 Exhibit List (PROPOSED )
Filed by Attorney for Plaintiff

08/18/2017 Statement of Case
Filed by Attorney for Defendant

08/18/2017 Miscellaneous-Other (PRETRIAL DOCUMENTS )
Filed by Attorney for Defendant

08/18/2017 Exhibit List
Filed by Attorney for Defendant

08/18/2017 List of Witnesses
Filed by Attorney for Defendant

08/18/2017 Miscellaneous-Other (JURY INSTRUCTIONS )
Filed by Attorney for Defendant

08/18/2017 Miscellaneous-Other (SPECIAL VERDICT )
Filed by Attorney for Defendant

08/18/2017 Motion in Limine
Filed by MD, NADIM W. SARKIES (Defendant)

08/18/2017 Joinder
Filed by MD, NADIM W. SARKIES (Defendant)

08/16/2017 at 08:30 AM in Department P
Hearing on Motion for Summary Judgment – Held – Taken under Submission

08/16/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Motion – Summary Judgment – Matter Heard-Under Submission

08/16/2017 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
Filed by MD, NADIM W. SARKIES (Defendant)

08/16/2017 Minute order entered: 2017-08-16 00:00:00
Filed by Clerk

08/16/2017 Ord-Appt Apprv Rptr as Rptr protem (AUDREY LEHMAN CSR #12738 )
Filed by Attorney for Defendant

08/15/2017 Association of Attorney
Filed by MD, NADIM W. SARKIES (Defendant)

08/15/2017 Association of Attorney
Filed by Attorney for Defendant

08/14/2017 Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/14/2017 Opposition
Filed by Attorney for Defendant

08/11/2017 Notice of Joinder (AND JOINDER DEFENDANT VIKAS GHAI, M.D.AND SHANKAR RAMAN )
Filed by Attorney for Defendant

08/11/2017 Notice of Joinder (AND JOINDER TO DEFENDANT JAY YOO )
Filed by Attorney for Defendant

08/11/2017 List of Witnesses
Filed by Attorney for Defendant

08/11/2017 Miscellaneous-Other (PRETRIAL DOCUMENTS SUBMITTED BY DEFENDANTS VIKAS GAHI, M.D., AND SHANKAR RAMAN, M.D. )
Filed by Attorney for Defendant

08/11/2017 Statement of Case
Filed by Attorney for Defendant

08/11/2017 Exhibit List
Filed by Attorney for Defendant

08/11/2017 Notice of Joinder
Filed by Richard A. Paulsen (Defendant)

08/11/2017 Miscellaneous-Other
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

08/11/2017 Statement of the Case
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

08/11/2017 Exhibit List
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

08/11/2017 Witness List
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

08/11/2017 Miscellaneous-Other
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

08/11/2017 Notice of Joinder
Filed by Richard A. Paulsen (Defendant)

08/11/2017 Miscellaneous-Other (PROPOSED JURY INSTRUCTIONS SUBMITTED BY DEFENDANTS VIKAS GHAI, M.D. AND SHANKAR RAMAN, M.D. )
Filed by Attorney for Defendant

08/07/2017 Reply (BRIEF )
Filed by Attorney for Defendant

08/07/2017 Miscellaneous-Other (STATEMENT OF EVIDENTIARY OBJECTIONS )
Filed by Attorney for Defendant

08/07/2017 Request for Judicial Notice
Filed by Attorney for Defendant

08/07/2017 Miscellaneous-Other
Filed by MD, NADIM W. SARKIES (Defendant)

08/07/2017 Request for Judicial Notice
Filed by MD, NADIM W. SARKIES (Defendant)

08/07/2017 Reply
Filed by MD, NADIM W. SARKIES (Defendant)

08/07/2017 Miscellaneous-Other
Filed by MD, NADIM W. SARKIES (Defendant)

08/07/2017 Miscellaneous-Other (REQUEST FOR PLAINTIFF TO LODGE ORIGINAL DEPOSITION )
Filed by Attorney for Defendant

08/03/2017 Motion in Limine (NO.1 )
Filed by Attorney for Plaintiff

08/03/2017 Motion in Limine (NO.1 THRU NO.17 )
Filed by Attorney for Defendant

08/03/2017 Declaration
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/03/2017 Motion in Limine
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

08/03/2017 Motion in Limine
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

08/03/2017 Declaration (OF CALEN D. WEISS )
Filed by Attorney for Defendant

08/02/2017 Opposition (TO NADIM SARKIES MD’S MOTION FOR SUMMARY JUDGMENT; DECLARATION OF CHRIS TORRES HOYT E. HART II, SEAN MILLER MD )
Filed by Attorney for Plaintiff

08/02/2017 Response (TO SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT )
Filed by Attorney for Plaintiff

08/02/2017 Motion in Limine (NO. 1-15 )
Filed by Attorney for Defendant

08/02/2017 Proof of Service (not Summons and Complaint)
Filed by MD, JAY YOO (Defendant)

08/02/2017 Opposition
Filed by Torres, Chris, individually and as (Plaintiff)

08/02/2017 Response
Filed by Torres, Chris, individually and as (Plaintiff)

08/02/2017 Motion in Limine
Filed by MD, JAY YOO (Defendant)

08/02/2017 Proof of Service
Filed by Attorney for Defendant

07/28/2017 at 09:00 AM in Department P
Status Conference (Status Conference; Advanced to this date & continued) –

07/28/2017 Motion in Limine
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

07/28/2017 Declaration (OF ALAN J. MISH )
Filed by Attorney for Defendant

07/28/2017 Motion in Limine (BY DEFTS VIKAS GHAI, M.D. AND SHANKAR RAMAN, M.D. TO ADMIT EVIDENCE OF PAYMENT OF HEALTH CARE BENEFITS BY ADVENTIST PURSUANT TO CIVIL CODE SECTION )
Filed by Attorney for Defendant

07/28/2017 Motion in Limine
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

07/28/2017 Declaration
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

07/28/2017 Motion in Limine (SUBMITTED JOINTLY ON BEHALF OF DEFENDANTS VIKAS GHAI, M.D. AND SHANKAR RAMAN, M.D. )
Filed by Attorney for Defendant

07/28/2017 Minute order entered: 2017-07-28 00:00:00
Filed by Clerk

07/27/2017 at 08:30 AM in Department P
Ruling on Submitted Matter (Ruling on Submitted Matter; Court Makes Order) –

07/27/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Ruling on Submitted Matter – Court Makes Order

07/27/2017 Minute order entered: 2017-07-27 00:00:00
Filed by Clerk

07/25/2017 at 08:30 AM in Department P
Hearing on Motion for Summary Judgment (Motion – Summary Judgment; Motion Denied) –

07/25/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Motion – Summary Judgment – Motion Denied

07/25/2017 Minute order entered: 2017-07-25 00:00:00
Filed by Clerk

07/24/2017 Response
Filed by Attorney for Plaintiff

07/24/2017 Response
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

07/21/2017 Reply
Filed by Attorney for Defendant

07/21/2017 Objection Document Filed
Filed by Attorney for Defendant

07/21/2017 Objection Document Filed
Filed by M.D., SHANKAR RAMAN (Defendant)

07/21/2017 Reply
Filed by M.D., SHANKAR RAMAN (Defendant)

07/20/2017 at 08:30 AM in Department P
Hearing on Motion for Summary Judgment – Held – Taken under Submission

07/20/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Motion – Summary Judgment – Matter Heard-Under Submission

07/20/2017 Minute order entered: 2017-07-20 00:00:00
Filed by Clerk

07/20/2017 Ord-Appt Apprv Rptr as Rptr protem ( NANCY BRINK CSR #6501 )
Filed by Attorney for Defendant

07/20/2017 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
Filed by Richard A. Paulsen (Defendant)

07/17/2017 Response (TO CRNA PAULSEN’S OBJECTION TO EVIDENCE IN OPPOSITION TO HIS MOTION FOR SUMMARY JUDGMENT )
Filed by Attorney for Plaintiff

07/17/2017 Response
Filed by Torres, Chris, individually and as (Plaintiff)

07/14/2017 Objection
Filed by Richard A. Paulsen (Defendant)

07/14/2017 Reply (TO PLAINTIFFS’ OPPOSITION )
Filed by Attorney for Defendant

07/14/2017 Objection (TO MOTION FOR SUMMARY JUDGMENT )
Filed by Attorney for Defendant

07/14/2017 Reply
Filed by Richard A. Paulsen (Defendant)

07/11/2017 Response (TO SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS )
Filed by Attorney for Plaintiff

07/11/2017 Memo points & authorities
Filed by Attorney for Plaintiff

07/11/2017 Response
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

07/11/2017 Memorandum of Points & Authorities
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

07/06/2017 Response
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

07/06/2017 Memo points & authorities (in opposition to motion for summ judgt )
Filed by Attorney for Plaintiff

07/06/2017 Response (to separate statement of undisputed material facts in support of motion for summ judgt )
Filed by Attorney for Plaintiff

07/06/2017 Memorandum of Points & Authorities
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 09/29/2017 08/22/2017 06/27/2017 04/05/2017 02/17/2017 12/05/2016 08/31/2016 05/20/2016 12/18/2015 08/12/2015 04/14/2015

06/27/2017 Notice
Filed by MD, NADIM W. SARKIES (Defendant)

06/27/2017 Notice
Filed by Attorney for Defendant

06/20/2017 Amended Notice
Filed by MD, NADIM W. SARKIES (Defendant)

06/20/2017 Amended Notice (OF DEFT NADIM SARKIES, M.D.’S MTN FOR SUMMARY JUDGMENT )
Filed by Attorney for Defendant

06/12/2017 Notice of Entry of Dismissal & P&S
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant)

06/12/2017 Notice of Entry of Dismissal & P&S
Filed by Attorney for Defendant

06/07/2017 Notice of Entry of Dismissal & P&S
Filed by Attorney for Defendant

06/07/2017 Notice of Entry of Dismissal & P&S
Filed by SAN JOAQUIN COMMUNITY HOSPITAL (Defendant)

06/02/2017 Notice of Ruling
Filed by Attorney for Plaintiff

06/02/2017 Notice of Ruling
Filed by Torres, Chris, individually and as (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

05/26/2017 at 09:00 AM in Department P
Ex-Parte Proceedings – Held – Motion Granted

05/26/2017 at 09:00 am in Department WEP, Nancy L. Newman, Presiding
Ex-Parte Application – Motion Granted

05/26/2017 Minute order entered: 2017-05-26 00:00:00
Filed by Clerk

05/26/2017 Partial Dismissal (with Prejudice)
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

05/26/2017 Order
Filed by Lawrence Rouben (Defendant)

05/26/2017 Ex-Parte Application
Filed by Lawrence Rouben (Defendant)

05/26/2017 Order (DETERMINING GOOD FAITH SETTLEMENT OF DEFENDANT LAWRENCE ROUBEN M.D. PURSUANT TO CCP SECTION 877.6(A) (2) )
Filed by Attorney for Defendant

05/26/2017 Partial Dismissal (with Prejudice) (AS TO DEFENDANT LAWRENCE R. ROUBEN, M.D. ONLY )
Filed by Attorney for Plaintiff

05/26/2017 Ex-Parte Application (FOR AN ORDER DETERMINING GOOD FAITH SETTLEMENT BY DEFENDANT LAWRENCE ROUBEN MD )
Filed by Attorney for Defendant

05/25/2017 Request for Dismissal-Partial
Filed by SAN JOAQUIN COMMUNITY HOSPITAL (Defendant)

05/25/2017 Request for Dismissal-Partial (W/PREJUDICE COMPLAINT DISMISS DEFENDANT SAN JOAQUIN COMMUNITY HOSPITAL, ONLY )
Filed by Attorney for Defendant

05/10/2017 at 08:30 AM in Department P
Hearing on Motion for Summary Judgment (Motion – Summary Judgment; Motion Denied) –

05/10/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Motion – Summary Judgment – Motion Denied

05/10/2017 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
Filed by Defendant

05/10/2017 Minute order entered: 2017-05-10 00:00:00
Filed by Clerk

05/10/2017 Ord-Appt Apprv Rptr as Rptr protem ( JASMINE JAMILI CSR #13742 )
Filed by Attorney for Defendant

05/09/2017 Notice of Ruling
Filed by Attorney for Plaintiff

05/09/2017 Notice of Ruling
Filed by Torres, Chris, individually and as (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

05/08/2017 Declaration
Filed by M.D., SHANKAR RAMAN (Defendant)

05/08/2017 Reply to Opposition
Filed by Attorney for Plaintiff

05/08/2017 Miscellaneous-Other (SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS )
Filed by Attorney for Defendant

05/08/2017 Declaration (OF ALAN J. MISH )
Filed by Attorney for Defendant

05/08/2017 Declaration (OF IRVING POSALSKI, M.D. )
Filed by Attorney for Defendant

05/08/2017 Points and Authorities
Filed by Attorney for Defendant

05/08/2017 Motion for Summary Judgment
Filed by Attorney for Defendant

05/08/2017 Miscellaneous-Other
Filed by M.D., SHANKAR RAMAN (Defendant)

05/08/2017 Declaration
Filed by M.D., SHANKAR RAMAN (Defendant)

05/08/2017 Points and Authorities
Filed by Vikas M.D. Ghai (Defendant)

05/08/2017 Motion for Summary Judgment
Filed by M.D., SHANKAR RAMAN (Defendant)

05/08/2017 Reply to Opposition
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

05/05/2017 Reply
Filed by Attorney for Defendant

05/05/2017 Notice
Filed by SAN JOAQUIN COMMUNITY HOSPITAL (Defendant)

05/05/2017 Reply
Filed by MD, JAY YOO (Defendant)

05/05/2017 Notice (NOTICE OF ORDER RE DETERMINATION OF GOOD FAITH SETTLEMENT )
Filed by Attorney for Defendant

05/01/2017 Notice of Lodging (EXHIBITS IN SUPPORT OF HIS MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION )
Filed by Attorney for Defendant

05/01/2017 Miscellaneous-Other (SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS )
Filed by Attorney for Defendant

05/01/2017 Points and Authorities
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

05/01/2017 Motion for Summary Judgment
Filed by Attorney for Defendant

05/01/2017 Declaration (OF DONALD F. MILLS )
Filed by Attorney for Defendant

05/01/2017 Declaration (OF KENNETH D. HERBEST, M.D. )
Filed by Attorney for Defendant

05/01/2017 Notice of Lodging
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

05/01/2017 Points and Authorities (SUPPLEMENTAL )
Filed by Attorney for Plaintiff

05/01/2017 Declaration
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

05/01/2017 Miscellaneous-Other
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

05/01/2017 Motion for Summary Judgment
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

05/01/2017 Declaration
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

04/28/2017 Notice Re: Continuance of Hearing and Order
Filed by MD, JAY YOO (Defendant)

04/28/2017 NOTICE OF CONTINUANCE (NOTICE OF CONTINUANCE OF JAY YOO, M.D.’S MOTION FOR SUMMARY JUDGMENT HEARING 5-10-17 8:30 AM DEPT P )
Filed by Attorney for Defendant

04/27/2017 at 08:30 AM in Department P
Hearing on Motion for Trial Preference – Held – Motion Granted

04/27/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Motion – Preference On Trial – Motion Granted

04/27/2017 Motion for Summary Judgment
Filed by Attorney for Defendant

04/27/2017 Declaration (OF MICHAEL EILBERT, M.D. )
Filed by Attorney for Defendant

04/27/2017 Declaration (OF DAVID BRIAN WASHBURN )
Filed by Attorney for Defendant

04/27/2017 Notice of Lodging
Filed by Attorney for Defendant

04/27/2017 Miscellaneous-Other (SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS )
Filed by Attorney for Defendant

04/27/2017 Ex-Parte Application (TO SPECIALLY SET THE HEARING DATE ON HIS MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE TO CONTINUE TRIAL TO ALLOW DEFENDANTS TIME TO HAVE HIS MOTION FOR SUMMARY JUDGMENT HEARD)
Filed by Attorney for Defendant

04/27/2017 Minute order entered: 2017-04-27 00:00:00
Filed by Clerk

04/27/2017 Ex-Parte Application
Filed by MD, NADIM W. SARKIES (Defendant)

04/27/2017 Motion for Summary Judgment
Filed by MD, NADIM W. SARKIES (Defendant)

04/27/2017 Declaration
Filed by MD, NADIM W. SARKIES (Defendant)

04/27/2017 Declaration
Filed by MD, NADIM W. SARKIES (Defendant)

04/27/2017 Notice of Lodging
Filed by MD, NADIM W. SARKIES (Defendant)

04/27/2017 Miscellaneous-Other
Filed by MD, NADIM W. SARKIES (Defendant)

04/26/2017 at 08:30 AM in Department P
Hearing on Motion for Summary Judgment (Motion – Summary Judgment; Continued by Court) –

04/26/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Motion – Summary Judgment – Continued by Court

04/26/2017 Order (RE DETERMINATION OF GOOD FAITH SETTLEMENT AS TO DEFENDANT SAN JOAQUIN COMMUNITY HOSPTIAL )
Filed by Attorney for Defendant

04/26/2017 Stip & Order-use CSR (JASMINE JAMILI CSR#13742 )
Filed by Attorney for Defendant

04/26/2017 Stipulation and Order to use Certified Shorthand Reporter
Filed by MD, JAY YOO (Defendant)

04/26/2017 Order
Filed by SAN JOAQUIN COMMUNITY HOSPITAL (Defendant)

04/26/2017 Minute order entered: 2017-04-26 00:00:00
Filed by Clerk

04/20/2017 Reply to Opposition
Filed by MD, JAY YOO (Defendant)

04/20/2017 Objection
Filed by MD, JAY YOO (Defendant)

04/20/2017 Reply
Filed by William Holloway (Plaintiff)

04/20/2017 Objection (to evidence in opposition to Motion for Summary Judgment )
Filed by Attorney for Defendant

04/20/2017 Reply
Filed by Attorney for Plaintiff

04/20/2017 Reply to Opposition (to Motion for Summary Judgment )
Filed by Attorney for Defendant

04/17/2017 at 09:00 AM in Department P
Jury Trial (Jury Trial; Advanced to this date & continued) –

04/17/2017 Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

04/17/2017 Opposition
Filed by Attorney for Defendant

04/14/2017 Opposition
Filed by Vikas M.D. Ghai (Defendant); M.D., SHANKAR RAMAN (Defendant)

04/14/2017 Opposition
Filed by Attorney for Defendant

04/12/2017 Response
Filed by Torres, Chris, individually and as (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

04/12/2017 Points and Authorities
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

04/12/2017 Response (TO SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS )
Filed by Attorney for Plaintiff

04/12/2017 Points and Authorities
Filed by Attorney for Plaintiff

04/07/2017 at 09:00 AM in Department P
Final Status Conference (Final Status Conference; Advanced to this date & continued) –

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 09/29/2017 08/22/2017 06/27/2017 04/05/2017 02/17/2017 12/05/2016 08/31/2016 05/20/2016 12/18/2015 08/12/2015 04/14/2015

04/05/2017 Motion
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

04/05/2017 Motion (FOR TRIAL PREFERENCE )
Filed by Attorney for Plaintiff

04/03/2017 Objection Document Filed
Filed by MD, JAY YOO (Defendant)

04/03/2017 Objection Document Filed (TO PLTFFS’ NOTICE OF LIEN CLAIM )
Filed by Attorney for Defendant

03/27/2017 Objection Document Filed (TO PLAINTIFFS’ NOTICE OF LIEN CLAIM )
Filed by Attorney for Defendant

03/27/2017 Application for Determination of Good Faith Settlement
Filed by Defendant

03/27/2017 Objection Document Filed
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

03/27/2017 Rq for Determ of Good Faith Setlmt
Filed by Attorney for Defendant

03/23/2017 at 08:30 AM in Department P
Hearing on Motion for Change of Venue (Motion for Change of Venue; Court Makes Order) –

03/23/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Motion for Change of Venue – Court Makes Order

03/23/2017 Minute order entered: 2017-03-23 00:00:00
Filed by Clerk

03/23/2017 Notice of Ruling
Filed by Attorney for Defendant

03/23/2017 Notice of Ruling
Filed by Richard A. Paulsen (Defendant)

03/23/2017 Miscellaneous-Other
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

03/23/2017 Notice of Ruling
Filed by Richard A. Paulsen (Defendant)

03/23/2017 Miscellaneous-Other (CIVIL DEPOSIT )
Filed by Attorney for Defendant

03/22/2017 at 08:30 AM in Department P
Unknown Event Type – Held – Motion Granted

03/22/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Motion to Compel – Motion Granted

03/22/2017 Minute order entered: 2017-03-22 00:00:00
Filed by Clerk

03/20/2017 Objection Document Filed
Filed by William Holloway (Plaintiff)

03/20/2017 Objection Document Filed
Filed by Attorney for Plaintiff

03/20/2017 Objection Document Filed
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

03/16/2017 Reply
Filed by Attorney for Defendant

03/16/2017 Notice of Lodging (DEPOSITION TRANSCRIPTS )
Filed by Attorney for Defendant

03/16/2017 Reply
Filed by MD, NADIM W. SARKIES (Defendant)

03/16/2017 Notice of Lodging
Filed by MD, NADIM W. SARKIES (Defendant)

03/15/2017 Reply
Filed by Attorney for Defendant

03/15/2017 Answer to Amended Complaint (TO FOURTH AMENDED COMPLAINT )
Filed by Attorney for Defendant

03/15/2017 Reply
Filed by Richard A. Paulsen (Defendant)

03/15/2017 Answer to Amended Complaint
Filed by MD, NADIM W. SARKIES (Defendant)

03/14/2017 Objection Document Filed
Filed by Torres, Chris, individually and as (Plaintiff)

03/14/2017 Objection Document Filed
Filed by Attorney for Plaintiff

03/10/2017 Declaration
Filed by William Holloway (Plaintiff)

03/10/2017 Declaration (OF HOYT E. HART )
Filed by Attorney for Plaintiff

03/09/2017 Points and Authorities
Filed by Attorney for Plaintiff

03/09/2017 Declaration
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

03/09/2017 Points and Authorities
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

03/09/2017 Declaration (OF SONIA SALAZAR )
Filed by Attorney for Plaintiff

03/08/2017 Joinder
Filed by Richard A. Paulsen (Defendant)

03/08/2017 Joinder (OF DEFT RICHARD PAULSEN CRNA IN MOTION OF CO-DEFT NADIM SARKIES,MD FOR CHANGE OF VENUE TO KERN COUNTY )
Filed by Attorney for Defendant

03/06/2017 Notice of Lien
Filed by Attorney for Plaintiff

03/06/2017 Notice of Lien
Filed by Torres, Chris, individually and as (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

03/03/2017 at 09:00 AM in Department P
Status Conference (Status Conference; Advanced to this date & continued) –

03/02/2017 at 08:30 AM in Department P
Hearing on Motion for Summary Judgment – Not Held – Advanced and Vacated

03/02/2017 Minute order entered: 2017-03-02 00:00:00
Filed by Clerk

03/01/2017 Joinder (OF SECOND MOTION OF CO-DEFENDANT NADIM SARKIES, M.D. FOR CHANGE OF VENUE TO KERN COUNTY )
Filed by Attorney for Defendant

03/01/2017 Joinder
Filed by MD, JAY YOO (Defendant)

02/27/2017 Notice
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

02/27/2017 Notice (OF TAKING MOTION FOR SUMMARY JUDGMENT BY DEFENDANT LAWRENCE R. ROUBEN, M.D., OFF CALENDAR )
Filed by Attorney for Defendant

02/24/2017 at 09:00 AM in Department P
Hearing on Motion for Change of Venue – Not Held – Advanced and Vacated

02/24/2017 Minute order entered: 2017-02-24 00:00:00
Filed by Clerk

02/23/2017 Notice of Ruling
Filed by Attorney for Defendant

02/23/2017 Declaration
Filed by MD, NADIM W. SARKIES (Defendant)

02/23/2017 Motion (FOR CHANGE OF VENUE TO KERN COUNTY )
Filed by Attorney for Defendant

02/23/2017 Notice of Ruling
Filed by MD, NADIM W. SARKIES (Defendant)

02/23/2017 Motion
Filed by MD, NADIM W. SARKIES (Defendant)

02/23/2017 Declaration
Filed by Attorney for Defendant

02/22/2017 Answer to Amended Complaint
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant); Richard A. Paulsen (Defendant)

02/22/2017 Answer to Amended Complaint (AS TO FOURTH AMENDED COMPLAINT ON BEHALF OF: RICHARD A. PAULSEN )
Filed by Attorney for Defendant

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 09/29/2017 08/22/2017 06/27/2017 04/05/2017 02/17/2017 12/05/2016 08/31/2016 05/20/2016 12/18/2015 08/12/2015 04/14/2015

02/17/2017 Answer to Amended Complaint
Filed by Defendant

02/17/2017 Answer to Amended Complaint
Filed by MD, JAY YOO (Defendant)

02/17/2017 Answer to Amended Complaint (RECEIVED )
Filed by Attorney for Defendant

02/17/2017 Answer to Amended Complaint (BEHALF OF: JAY YOO, M.D. (DOE 9) TO FOURTH AMENDED COMPLAINT. )
Filed by Attorney for Defendant

02/16/2017 Notice of Change of Address
Filed by Attorney for Defendant

02/16/2017 Notice of Change of Address or Other Contact Information
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

02/10/2017 Notice
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

02/10/2017 Notice-Settlement (AS TO DEFENDANT, LAWRENCE ROUBEN, M.D. )
Filed by Attorney for Defendant

02/10/2017 Notice (OF TAKING MOTION FOR CHANGE FOR VENUE TO KERN COUNTY BY DEFENDANT LAWRENCE R. ROUBEN, M.D. OFF CALENDAR )
Filed by Attorney for Defendant

02/10/2017 Notice of Settlement
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

02/08/2017 Joinder
Filed by MD, NADIM W. SARKIES (Defendant)

02/08/2017 Fourth Amended Complaint
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

02/08/2017 Joinder
Filed by Attorney for Defendant

02/08/2017 Fourth Amended Complaint
Filed by Attorney for Plaintiff

02/06/2017 Joinder
Filed by Richard A. Paulsen (Defendant)

02/06/2017 Joinder (OF MOTION FO CO-DEFENDANT LAWRENCE ROUBEN, MD FOR CHANGE OF VENUE TO KERN COUNTY; )
Filed by Attorney for Defendant

02/03/2017 Miscellaneous-Other
Filed by MD, JAY YOO (Defendant)

02/03/2017 Miscellaneous-Other (SEPARATE STATEMENT )
Filed by Attorney for Defendant

02/03/2017 Notice of Motion (AND MOTION FOR SUMMARY JUDGMENT )
Filed by Attorney for Defendant

02/03/2017 Notice of Motion
Filed by MD, JAY YOO (Defendant)

02/02/2017 Notice of Ruling
Filed by Attorney for Plaintiff

02/02/2017 Notice of Ruling
Filed by Torres, Chris, individually and as (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

01/26/2017 Motion
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

01/26/2017 Motion (FOR CHANGE OF VENUE TO KERN COUNTY BY DEFENDANT LAWRENCE R. ROUBEN, M.D. )
Filed by Attorney for Defendant

01/25/2017 at 08:30 AM in Department P
(Motion; Denied) –

01/25/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Motion (for summary judgment/summaryadjudication) – Denied

01/25/2017 Minute order entered: 2017-01-25 00:00:00
Filed by Clerk

01/24/2017 Notice of Ruling
Filed by Torres, Chris, individually and as (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

01/24/2017 Fourth Amended Complaint
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

01/24/2017 Fourth Amended Complaint
Filed by Attorney for Plaintiff

01/24/2017 Notice of Ruling
Filed by Attorney for Plaintiff

01/20/2017 Objection Document Filed
Filed by William Holloway (Plaintiff)

01/20/2017 Objection Document Filed
Filed by Attorney for Plaintiff

01/19/2017 at 08:30 AM in Department P
(Motion for Leave; Court Makes Order) –

01/19/2017 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Motion for Leave – Court Makes Order

01/19/2017 Reply
Filed by Vikas M.D. Ghai (Defendant)

01/19/2017 Reply (REPLY TO PLTFS OPPOSITION TO MOTION FOR SUMMARY JUDGMENT BY VIKAS GHAI, M.D. )
Filed by Attorney for Defendant

01/19/2017 Minute order entered: 2017-01-19 00:00:00
Filed by Clerk

01/19/2017 Ord-Appt Apprv Rptr as Rptr protem (CSR NANCY BRINK #6501 )
Filed by Attorney for Defendant

01/19/2017 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
Filed by Richard A. Paulsen (Defendant)

01/17/2017 Reply to Opposition
Filed by William Holloway (Plaintiff)

01/17/2017 Reply to Opposition
Filed by Attorney for Plaintiff

01/11/2017 Notice
Filed by Lawrence Rouben (Defendant)

01/11/2017 Points and Authorities
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

01/11/2017 Points and Authorities
Filed by Attorney for Plaintiff

01/11/2017 Response
Filed by Torres, Chris, individually and as (Plaintiff)

01/11/2017 Notice (OF ERRATA REGARDING THE LODGED EXHIBITS IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT )
Filed by Attorney for Defendant

01/11/2017 Response (TO SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS )
Filed by Attorney for Plaintiff

01/06/2017 Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

01/06/2017 Opposition
Filed by Attorney for Defendant

01/06/2017 Opposition (TO PLTFFS MTN FOR LEAVE TO FILE FOURTH AMENDED COMPLAINT )
Filed by Attorney for Defendant

01/06/2017 Opposition
Filed by Richard A. Paulsen (Defendant)

12/21/2016 Miscellaneous-Other (SEPARATE STATEMENT )
Filed by Attorney for Defendant

12/21/2016 Miscellaneous-Other
Filed by Richard A. Paulsen (Defendant)

12/21/2016 Motion to Compel
Filed by Richard A. Paulsen (Defendant)

12/21/2016 Motion to Compel
Filed by Attorney for Defendant

12/16/2016 Notice of Motion
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

12/16/2016 Notice of Motion (AND MOTION FOR LEAVE )
Filed by Attorney for Plaintiff

12/14/2016 Notice of Ruling
Filed by Attorney for Defendant

12/14/2016 Notice of Ruling
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

12/12/2016 at 09:00 AM in Department P
Jury Trial (Jury Trial; Advanced to this date & continued) –

12/12/2016 Notice of Lodging
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

12/12/2016 Declaration
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

12/12/2016 Separate Statement of Und. Facts
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

12/12/2016 Notice of Motion
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

12/12/2016 Separate Statement of Und. Facts
Filed by Attorney for Defendant

12/12/2016 Notice of Lodging
Filed by Attorney for Defendant

12/12/2016 Declaration (OF LAWRENCE BROOKS )
Filed by Attorney for Defendant

12/12/2016 Notice of Motion (AND MOTION FOR SUMMARY JUDGMENT )
Filed by Attorney for Defendant

12/09/2016 at 08:30 AM in Department P
Ex-Parte Proceedings – Held – Motion Granted

12/09/2016 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Ex-Parte Application – Motion Granted

12/09/2016 Minute order entered: 2016-12-09 00:00:00
Filed by Clerk

12/09/2016 Ex-Parte Application ( AND MOTION TO CONITNUE TRIAL AND DISCOVERY CUTOFF DATES )
Filed by Attorney for Defendant

12/09/2016 Declaration (OF AUDREY GUEDEA-BRUNES )
Filed by Attorney for Defendant

12/09/2016 Opposition ( TO CONTINUE TRIAL DATE )
Filed by Attorney for Plaintiff

12/09/2016 Opposition
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

12/09/2016 Ex-Parte Application
Filed by MD, JAY YOO (Defendant)

12/09/2016 Declaration
Filed by MD, JAY YOO (Defendant)

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 09/29/2017 08/22/2017 06/27/2017 04/05/2017 02/17/2017 12/05/2016 08/31/2016 05/20/2016 12/18/2015 08/12/2015 04/14/2015

12/05/2016 Notice of Ruling
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

12/05/2016 Notice of Ruling
Filed by Attorney for Defendant

12/01/2016 at 08:30 AM in Department O
Hearing on Motion for Change of Venue – Held

12/01/2016 at 08:30 am in Department WEO, Nancy L. Newman, Presiding
Motion for Change of Venue (AND 3 JOINDERS) – Completed

12/01/2016 Minute order entered: 2016-12-01 00:00:00
Filed by Clerk

11/22/2016 Reply
Filed by Attorney for Defendant

11/22/2016 Reply
Filed by Lawrence Rouben (Defendant)

11/18/2016 at 09:00 AM in Department P
Final Status Conference (Final Status Conference; Advanced to this date & continued) –

11/15/2016 Points and Authorities
Filed by Attorney for Plaintiff

11/15/2016 Joinder (OF DEFT LAWRENCE ROUBEN, M.D.’S MTN FOR CHANGE OF VENUE TO KERN COUNTY )
Filed by Attorney for Defendant

11/15/2016 Joinder
Filed by MD, NADIM W. SARKIES (Defendant)

11/15/2016 Points and Authorities
Filed by William Holloway (Plaintiff)

11/14/2016 Joinder (IN MOTION OF CO-DEFENDANT LAWRENCE ROUBEN, MD FOR C HANGE OF VENUE TO KERN COUNTY )
Filed by Attorney for Defendant

11/14/2016 Joinder
Filed by Richard A. Paulsen (Defendant)

11/09/2016 Proof of Service (not Summons and Complaint)
Filed by Lawrence Rouben (Defendant)

11/09/2016 Proof of Service
Filed by Attorney for Defendant

11/09/2016 Proof of Service (not Summons and Complaint)
Filed by Lawrence Rouben (Defendant)

11/03/2016 Declaration (OF ALAN J. MISH )
Filed by Attorney for Defendant

11/03/2016 Declaration (OF SOLOMON HAMBURG, M.D. )
Filed by Attorney for Defendant

11/03/2016 Miscellaneous-Other
Filed by Vikas M.D. Ghai (Defendant)

11/03/2016 Points and Authorities
Filed by Attorney for Defendant

11/03/2016 Motion for Summary Judgment
Filed by Attorney for Defendant

11/03/2016 Points and Authorities
Filed by Vikas M.D. Ghai (Defendant)

11/03/2016 Miscellaneous-Other (SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS )
Filed by Attorney for Defendant

11/03/2016 Declaration
Filed by Vikas M.D. Ghai (Defendant)

11/03/2016 Motion for Summary Judgment
Filed by Vikas M.D. Ghai (Defendant)

11/03/2016 Declaration
Filed by Vikas M.D. Ghai (Defendant)

11/01/2016 Motion
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

11/01/2016 Motion (FOR CHANGE OF VENUE TO KERN COUNTY )
Filed by Attorney for Defendant

10/17/2016 Answer to Third Amended Complaint
Filed by Attorney for Defendant

10/17/2016 Answer to Third Amended Complaint
Filed by Richard A. Paulsen (Defendant)

10/14/2016 at 09:00 AM in Department P
Status Conference (Status Conference; Advanced to this date & continued) –

10/11/2016 Notice
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant); UCLA MEDICAL CENTER, SANTA MONICA (Legacy Party)

10/11/2016 Notice (OF ENTRY OF DISMISSAL OF THE DEFENDANT THE REGENTS OF THE UNIVERSITY OF CALIFORNIA )
Filed by Attorney for Defendant

10/04/2016 Answer to Third Amended Complaint
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

10/04/2016 Answer to Third Amended Complaint
Filed by Attorney for Defendant

09/30/2016 Notice of Ruling
Filed by Attorney for Defendant

09/30/2016 Notice of Ruling
Filed by Richard A. Paulsen (Defendant)

09/27/2016 at 08:30 AM in Department P
Ruling on Submitted Matter (Ruling on Submitted Matter; Court Makes Order) –

09/27/2016 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Ruling on Submitted Matter – Court Makes Order

09/27/2016 Minute order entered: 2016-09-27 00:00:00
Filed by Clerk

09/19/2016 Substitution of Attorney
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant)

09/19/2016 Substitution of Attorney
Filed by Attorney for Defendant

09/13/2016 Request for Dismissal-Partial
Filed by Torres, Chris, individually and as (Plaintiff)

09/13/2016 Request for Dismissal-Partial (W/PREJUDICE AS TO THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, ONLY )
Filed by Attorney for Plaintiff

09/07/2016 Declaration
Filed by MD, NADIM W. SARKIES (Defendant)

09/07/2016 Demand for Jury Trial
Filed by MD, NADIM W. SARKIES (Defendant)

09/07/2016 Answer to Complaint Filed
Filed by Attorney for Defendant

09/07/2016 Declaration (DECL. OF TRIAL ATTORNEY FOR DEFENDANT;NADIM SARKIES,MD. )
Filed by Attorney for Defendant

09/07/2016 Demand for Jury Trial
Filed by Attorney for Defendant

09/07/2016 Answer
Filed by MD, NADIM W. SARKIES (Defendant)

09/06/2016 Miscellaneous-Other (CIVIL DEPOSIT )
Filed by Attorney for Defendant

09/06/2016 Answer to Complaint Filed
Filed by Attorney for Defendant

09/06/2016 Answer
Filed by M.D., SHANKAR RAMAN (Defendant)

09/06/2016 Miscellaneous-Other
Filed by MD, NADIM W. SARKIES (Defendant)

09/02/2016 at 09:00 AM in Department P
Hearing on Demurrer – without Motion to Strike – Held – Taken under Submission

09/02/2016 at 09:00 am in Department WEP, Nancy L. Newman, Presiding
Demurrer – Matter Heard-Under Submission

09/02/2016 Minute order entered: 2016-09-02 00:00:00
Filed by Clerk

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 09/29/2017 08/22/2017 06/27/2017 04/05/2017 02/17/2017 12/05/2016 08/31/2016 05/20/2016 12/18/2015 08/12/2015 04/14/2015

08/31/2016 Declaration
Filed by MD, JAY YOO (Defendant)

08/31/2016 Demand for Jury Trial
Filed by MD, NADIM W. SARKIES (Defendant)

08/31/2016 Demand for Jury Trial
Filed by Attorney for Defendant

08/31/2016 Declaration (OF TRIAL ATTORNEY FOR DEFENDANT NADIM SARKIES, M.D. )
Filed by Attorney for Defendant

08/31/2016 Answer to Complaint Filed
Filed by Attorney for Defendant

08/31/2016 Declaration
Filed by Attorney for Defendant

08/31/2016 Answer
Filed by MD, NADIM W. SARKIES (Defendant)

08/31/2016 Declaration
Filed by MD, NADIM W. SARKIES (Defendant)

08/29/2016 Notice of Entry of Dismissal & P&S
Filed by Attorney for Defendant

08/29/2016 Notice of Entry of Dismissal & P&S
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

08/26/2016 Response
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

08/26/2016 Response (TO PAULSEN’S OBJECTION TO LODGING PAULSEN’S DEPOSITION TRANSCRIPT )
Filed by Attorney for Plaintiff

08/25/2016 at 08:29 AM in Department P
Hearing on Demurrer – without Motion to Strike – Not Held – Advanced and Vacated

08/25/2016 NOTICE OF CONTINUANCE ( OF HEARINGS )
Filed by Attorney for Defendant

08/25/2016 Notice Re: Continuance of Hearing and Order
Filed by Richard A. Paulsen (Defendant)

08/24/2016 at 08:30 AM in Department P
Hearing on Demurrer – without Motion to Strike (Demurrer; Continued) –

08/24/2016 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Demurrer (-TO THIRD AMENDED COMPLAINT) – Continued

08/24/2016 Stip & Order-use CSR (TRACY WILLIAMS CSR #10139 )
Filed by Attorney for Defendant

08/24/2016 Minute order entered: 2016-08-24 00:00:00
Filed by Clerk

08/24/2016 Stipulation and Order to use Certified Shorthand Reporter
Filed by Defendant

08/23/2016 Objection Document Filed
Filed by Richard A. Paulsen (Defendant)

08/23/2016 Objection Document Filed
Filed by Attorney for Defendant

08/19/2016 Answer to Third Amended Complaint
Filed by Attorney for Defendant

08/19/2016 Notice
Filed by Defendant

08/19/2016 Demand for Jury Trial (Demand for Jury Trial and Court Reporter )
Filed by Attorney for Defendant

08/19/2016 Demand for Jury Trial
Filed by MD, JAY YOO (Defendant)

08/19/2016 Answer to Third Amended Complaint
Filed by MD, JAY YOO (Defendant)

08/19/2016 Notice (Notice of Deposit of Jury Fees by Defendant Jay Yoo, M.D.; $150.00 paid. )
Filed by Attorney for Defendant

08/18/2016 Reply to Opposition
Filed by Attorney for Defendant

08/18/2016 Opposition
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

08/18/2016 Opposition
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

08/18/2016 Proof-Service/Summons
Filed by Torres, Chris, individually and as (Plaintiff)

08/18/2016 Request for Dismissal-Partial
Filed by Torres, Chris, individually and as (Plaintiff)

08/18/2016 Reply to Opposition
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

08/18/2016 Proof-Service/Summons
Filed by Torres, Chris, individually and as (Plaintiff)

08/18/2016 Proof-Service/Summons
Filed by Torres, Chris, individually and as (Plaintiff)

08/18/2016 Request for Dismissal-Partial
Filed by Torres, Chris, individually and as (Plaintiff)

08/18/2016 Response
Filed by William Holloway (Plaintiff)

08/18/2016 Response
Filed by Attorney for Plaintiff

08/18/2016 Proof-Service/Summons
Filed by Attorney for Plaintiff

08/18/2016 Request for Dismissal-Partial (W/PREJUDICE COMPLAINT AS TO DEFT, HEALTHSOUTH CORPORATION, ONLY, WITH EACH PARTY TO BEAR THEIR OWN COSTS )
Filed by Attorney for Plaintiff

08/18/2016 Request for Dismissal-Partial (W/PREJUDICE AS TO VIKAS PUNJABI, D.O., ONLY )
Filed by Attorney for Plaintiff

08/18/2016 Opposition (TO PAULSEN’S DEMURRER TO THIRD AMENDED COMPLT; )
Filed by Attorney for Plaintiff

08/18/2016 Opposition (TO ROUBEN’S DEMURRER & MOTION TO STRIKE PORTIONS OF THE THIRD AMENDED COMPLAINT; )
Filed by Attorney for Plaintiff

08/17/2016 Reply to Opposition
Filed by Richard A. Paulsen (Defendant)

08/17/2016 Opposition
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

08/17/2016 Opposition
Filed by Attorney for Plaintiff

08/17/2016 Objection Document Filed (TO PLTF’S OPPOSITION TO DEFT. RICHARD A. PAULSEN’S DEMURRER TO THE THIRD AMENDED COMPLAINT; )
Filed by Attorney for Defendant

08/17/2016 Objection Document Filed
Filed by Richard A. Paulsen (Defendant)

08/17/2016 Reply to Opposition (TO DEFT’S DEMURRER TO THE 3RD AMENDED COMPLT; )
Filed by Attorney for Defendant

08/17/2016 Opposition
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

08/08/2016 Notice
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant)

08/08/2016 Notice (NOTICE OF ENTRY OF JUDGMENT OR ORDER )
Filed by Attorney for Defendant

07/26/2016 Order (ORDER DETERMINING DEFENDANT HEALTHSOUTH’S SETTLEMENT TO BE IN “GOOD FAITH”, IS SIGNED AND FILED THIS DATE. )
Filed by Attorney for Defendant

07/26/2016 Order
Filed by Health South Corporation (Legacy Party); Healthsouth Bakersfield Rehabilitation (Defendant)

07/21/2016 at 08:29 AM in Department P
Hearing on Demurrer – without Motion to Strike – Not Held – Advanced and Vacated

07/21/2016 Minute order entered: 2016-07-21 00:00:00
Filed by Clerk

07/20/2016 Demurrer (TO THIRD AMENDED COMPLAINT )
Filed by Attorney for Defendant

07/20/2016 Motion to Strike
Filed by Attorney for Defendant

07/20/2016 Motion to Strike
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

07/20/2016 Demurrer
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

07/20/2016 Demurrer
Filed by Richard A. Paulsen (Defendant)

07/18/2016 Amendment to Complaint
Filed by Torres, Chris, individually and as (Plaintiff)

07/18/2016 Amendment to Complaint
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

07/18/2016 Amendment to Complaint (DOE AMENDMENT TO COMPLAINT FOR DAMAGES. DOE 10 SHANKAR RAMAN, MD )
Filed by Attorney for Plaintiff

07/18/2016 Amendment to Complaint (DOE AMENDMENT TO COMPLAINT FOR DAMAGES DOE 11 NADIM W. SARKIES,MD )
Filed by Attorney for Plaintiff

07/18/2016 Amendment to Complaint (DOE AMENDMENT TO COMPLAINT FOR DAMAGES DOE 9 JAY YOO,MD )
Filed by Attorney for Plaintiff

07/18/2016 Amendment to Complaint
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

07/01/2016 Answer to Third Amended Complaint
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant)

07/01/2016 Answer to Third Amended Complaint
Filed by DOE 7: VIKAS R. PUNJABI, DO (Defendant)

07/01/2016 Answer to Third Amended Complaint
Filed by Attorney for Defendant

06/23/2016 Third Amended Complaint
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

06/23/2016 Third Amended Complaint
Filed by Attorney for Plaintiff

06/14/2016 Declaration
Filed by Attorney for Defendant

06/14/2016 Declaration
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

06/01/2016 at 08:30 AM in Department P
Hearing on Demurrer – without Motion to Strike (Demurrer; Sustained with leave to amend) –

06/01/2016 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Demurrer – Sustained with leave to amend

06/01/2016 Minute order entered: 2016-06-01 00:00:00
Filed by Clerk

06/01/2016 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
Filed by Richard A. Paulsen (Defendant)

06/01/2016 Ord-Appt Apprv Rptr as Rptr protem (DREENA TABOR CSR #5504 )
Filed by Attorney for Defendant

05/31/2016 Notice of Settlement
Filed by Health South Corporation (Legacy Party); Healthsouth Bakersfield Rehabilitation (Defendant)

05/31/2016 Notice-Settlement (NOTICE OF SETTLEMENT: APPLICATION FOR ORDER DETERMINING GOOD FAITH SETTLEMENT; AND DECLARATION OF DANIEL L. WAINWRIGHT, IS FILED THIS DATE.)
Filed by Attorney for Defendant

05/24/2016 Reply to Opposition
Filed by Attorney for Defendant

05/24/2016 Reply to Opposition
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 09/29/2017 08/22/2017 06/27/2017 04/05/2017 02/17/2017 12/05/2016 08/31/2016 05/20/2016 12/18/2015 08/12/2015 04/14/2015

05/20/2016 Declaration (OF TRIAL ATTORNEY )
Filed by Attorney for Defendant

05/20/2016 Declaration
Filed by DOE 7: VIKAS R. PUNJABI, DO (Defendant)

05/04/2016 Demurrer
Filed by Richard A. Paulsen (Defendant)

05/04/2016 Demurrer (TO PLTFFS’ SECOND AMENDED COMPLAINT )
Filed by Attorney for Defendant

05/02/2016 Miscellaneous-Other
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

05/02/2016 Answer to Second Amended Complaint
Filed by DOE 8: LAWRENCE R. ROUBEN, MD (Defendant)

05/02/2016 Miscellaneous-Other (CIVIL DEPOSIT )
Filed by Attorney for Defendant

05/02/2016 Answer to Second Amended Complaint
Filed by Attorney for Defendant

04/19/2016 Answer to Second Amended Complaint
Filed by DOE 7: VIKAS R. PUNJABI, DO (Defendant)

04/19/2016 Answer to Second Amended Complaint
Filed by Attorney for Defendant

04/18/2016 Notice of Ruling
Filed by DOE 6: RICHARD A. PAULSEN, CRNA (Defendant)

04/18/2016 Notice of Ruling
Filed by Attorney for Defendant

04/15/2016 at 08:30 AM in Department P
Ex-Parte Proceedings (Ex Parte Application; Court Makes Order) –

04/15/2016 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Ex-Parte Application – Court Makes Order

04/15/2016 Minute order entered: 2016-04-15 00:00:00
Filed by Clerk

04/15/2016 Order ( ON EX PARTE (SIGNED BY JUDGE NEWMAN AS MODIFIED) )
Filed by Attorney for Defendant

04/15/2016 Ex-Parte Application
Filed by Richard A. Paulsen (Defendant)

04/15/2016 Ex-Parte Application (TO STRIKE THE ANSWER TO COMPLAINT AND ENLARGE THE TIME TO FILE A RESPONSIVE PLEADING OR DEMURRER TO PLAINTIFF’S SECOND AMENDED COMPLAINT; )
Filed by Attorney for Defendant

04/15/2016 Order
Filed by Richard A. Paulsen (Defendant)

04/11/2016 Proof-Service/Summons
Filed by Torres, Chris, individually and as (Plaintiff)

04/11/2016 Proof-Service/Summons
Filed by Attorney for Plaintiff

03/17/2016 Request for Entry of Default / Judgment
Filed by Torres, Chris, individually and as (Plaintiff)

03/17/2016 Request for Entry of Default (AS TO: DOE 7 – VIKAS R.PUNJABI, DO – REJECTED; *SEE REJECTION NOTICE DATED 3/23/16;)
Filed by Attorney for Plaintiff

03/11/2016 Answer to Second Amended Complaint
Filed by Attorney for Defendant

03/11/2016 Answer to Second Amended Complaint
Filed by Health South Corporation (Legacy Party); Healthsouth Bakersfield Rehabilitation (Defendant)

03/07/2016 Miscellaneous-Other (CERTIFICATE OF PROGRESS; INABILITY TO SERVE COMPLAINT )
Filed by Attorney for Plaintiff

03/07/2016 Miscellaneous-Other
Filed by Torres, Chris, individually and as (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

02/24/2016 Answer to Complaint Filed
Filed by Attorney for Defendant

02/24/2016 Objection Document Filed
Filed by Attorney for Defendant

02/24/2016 Objection Document Filed
Filed by Richard A. Paulsen (Defendant)

02/24/2016 Answer
Filed by Richard A. Paulsen (Defendant)

02/19/2016 Answer to Second Amended Complaint
Filed by Attorney for Defendant

02/19/2016 Answer to Second Amended Complaint
Filed by SAN JOAQUIN COMMUNITY HOSPITAL (Defendant)

02/10/2016 Answer to Second Amended Complaint
Filed by Attorney for Defendant

02/10/2016 ANSWER TO SECOND AMENDED COMPLAINT

02/10/2016 Answer to Second Amended Complaint
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant)

02/01/2016 Proof-Service/Summons
Filed by Attorney for Plaintiff

02/01/2016 Proof-Service/Summons
Filed by Torres, Chris, individually and as (Plaintiff)

01/28/2016 Notice of Entry of Dismissal & P&S
Filed by Attorney for Defendant

01/28/2016 Notice of Entry of Dismissal & P&S
Filed by JAMES B. M.D. GRIMES (Defendant); Kern Bone & Joint Specialists (Defendant)

01/26/2016 Declaration (OF MICHAEL V. RUOCCO )
Filed by Attorney for Defendant

01/26/2016 Declaration
Filed by Lawrence Rouben (Defendant)

01/25/2016 Proof-Service/Summons
Filed by Torres, Chris, individually and as (Plaintiff)

01/25/2016 Proof-Service/Summons
Filed by Attorney for Plaintiff

01/14/2016 at 08:30 AM in Department P
Unknown Event Type – Held – Motion Granted

01/14/2016 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Motion for Leave – Motion Granted

01/14/2016 Second Amended Complaint
Filed by Attorney for Plaintiff

01/14/2016 Second Amended Complaint
Filed by Torres, Chris, individually and as (Plaintiff)

01/14/2016 Minute order entered: 2016-01-14 00:00:00
Filed by Clerk

01/06/2016 Reply to Opposition
Filed by William Holloway (Plaintiff)

01/06/2016 Reply to Opposition
Filed by Attorney for Plaintiff

12/30/2015 Opposition
Filed by Attorney for Defendant

12/30/2015 Opposition
Filed by SAN JOAQUIN COMMUNITY HOSPITAL (Defendant)

12/30/2015 Opposition
Filed by Vikas M.D. Ghai (Defendant)

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 09/29/2017 08/22/2017 06/27/2017 04/05/2017 02/17/2017 12/05/2016 08/31/2016 05/20/2016 12/18/2015 08/12/2015 04/14/2015

12/18/2015 Motion for Leave
Filed by Torres, Chris, individually and as (Plaintiff)

12/18/2015 Motion for Leave (to file 2nd amended complaint )
Filed by Attorney for Plaintiff

12/11/2015 Notice of Hearing (NOTICE OF HEARINGS FINAL STATUS CONFERENCE 11-18-16 9:00 AM DEPT P TRIAL 12-12-16 9:00 AM DEPT P )
Filed by Attorney for Plaintiff

12/11/2015 Notice of Hearing
Filed by Torres, Chris, individually and as (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

12/10/2015 at 08:30 AM in Department P
Unknown Event Type – Not Held – Advanced and Vacated

12/10/2015 Minute order entered: 2015-12-10 00:00:00
Filed by Clerk

12/04/2015 Amendment to Complaint
Filed by Torres, Chris, individually and as (Plaintiff)

12/04/2015 Amendment to Complaint (DOE 7 TRUE NAME IS VIKAS R. PUNJABI, DO )
Filed by Attorney for Plaintiff

12/04/2015 Amendment to Complaint (DOE 8: LAWRENCE R. ROUBEN, MD )
Filed by Attorney for Plaintiff

12/04/2015 Amendment to Complaint (DOE 6: RICHARD A. PAULSEN, CRNA )
Filed by Attorney for Plaintiff

12/04/2015 Amendment to Complaint
Filed by Torres, Chris, individually and as (Plaintiff)

12/04/2015 Amendment to Complaint
Filed by Torres, Chris, individually and as (Plaintiff)

12/03/2015 Notice (OF WITHDRAWAL W/O PREJUDICE OF DEFTS’ PENDING DISCOVERY MOTIONS )
Filed by Attorney for Defendant

12/03/2015 Notice
Filed by Health South Corporation (Legacy Party); Healthsouth Bakersfield Rehabilitation (Defendant)

11/23/2015 Notice (OF ENTRY OF GOOD FAITH SETTLEMENT )
Filed by Attorney for Defendant

11/23/2015 Partial Dismissal (with Prejudice) (AS TO DEFENDANTS JAMES B. GRIMES M.D. AND KERN BONE & JOINT SPECIALISTS, A MEDICAL GROUP,INC ONLY )
Filed by Attorney for Plaintiff

11/23/2015 Partial Dismissal (with Prejudice)
Filed by Torres, Chris, individually and as (Plaintiff)

11/23/2015 Notice
Filed by JAMES B. M.D. GRIMES (Defendant); Kern Bone & Joint Specialists (Defendant)

11/19/2015 at 08:30 AM in Department P
Case Management Conference (Conference-Case Management; Trial Set) –

11/19/2015 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Conference-Case Management – Trial Set

11/19/2015 Order (TO JAMES B. GRIMES M.D. AND KERN BONE & JOINT SPECIALISTS’ APPLICATION FOR GOOD FAITH SETTLEMENT DETERMINATION )
Filed by Attorney for Defendant

11/19/2015 Minute order entered: 2015-11-19 00:00:00
Filed by Clerk

11/19/2015 Order
Filed by JAMES B. M.D. GRIMES (Defendant); Kern Bone & Joint Specialists (Defendant)

11/10/2015 Miscellaneous-Other (CIVIL DEPOSIT – JURY FEES POSTED BY DEFT. )
Filed by Attorney for Defendant

11/10/2015 Miscellaneous-Other
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant)

11/10/2015 Notice
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant)

11/10/2015 Notice (OF POSTING JURY FEES BY DEF. )
Filed by Attorney for Defendant

11/06/2015 at 1:30 PM in Department 93
Hearing on Demurrer – without Motion to Strike (Hearing on Demurrer; Vacated) –

11/06/2015 Case Management Statement
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

11/06/2015 Minute order entered: 2015-11-06 00:00:00
Filed by Clerk

11/06/2015 Statement-Case Management
Filed by Attorney for Defendant

11/06/2015 Notice (NOTICE OF DETTLEMENT APPLICATION )
Filed by Attorney for Defendant

11/06/2015 Notice
Filed by JAMES B. M.D. GRIMES (Defendant); Kern Bone & Joint Specialists (Defendant)

11/04/2015 Case Management Statement
Filed by Vikas M.D. Ghai (Defendant)

11/04/2015 Case Management Statement
Filed by Torres, Chris, individually and as (Plaintiff)

11/04/2015 Notice of Entry of Dismissal & P&S
Filed by Attorney for Defendant

11/04/2015 Case Management Statement
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant)

11/04/2015 Notice of Entry of Dismissal & P&S
Filed by Kindred Hospital-Los Angeles (DOE 1) (Defendant); THC Orange County, Inc. (Defendant)

11/04/2015 Statement-Case Management
Filed by Attorney for Defendant

11/04/2015 Statement-Case Management
Filed by Attorney for Plaintiff

11/02/2015 Statement-Case Management
Filed by Attorney for Defendant

11/02/2015 Case Management Statement
Filed by SAN JOAQUIN COMMUNITY HOSPITAL (Defendant)

11/02/2015 Case Management Statement
Filed by JAMES B. M.D. GRIMES (Defendant); Kern Bone & Joint Specialists (Defendant)

10/22/2015 Request for Dismissal-Partial
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

10/22/2015 Request for Dismissal-Partial (W/PREJUDICE AS TO DEFTS, JOSEPH IPE, M.D. AND VALLEY ANESTHESIA ASSOCIATES, INC. ONLY )
Filed by Attorney for Plaintiff

10/21/2015 Request for Dismissal-Partial (W/PREJUDICE AS TO DEFT, THC ORANGE COUNTY,INC. dba KINDRED HOSPITAL LOS ANGELES, ONLY )
Filed by Attorney for Plaintiff

10/21/2015 Request for Dismissal-Partial
Filed by Torres, Chris, individually and as (Plaintiff)

10/02/2015 Motion to Compel
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

10/02/2015 Declaration
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

10/02/2015 Points and Authorities
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

10/02/2015 Declaration
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

10/02/2015 Points and Authorities
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

10/02/2015 Declaration
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

10/02/2015 Motion to Compel (RESPONSES TO FORM INTERROGATORIES, SET ONE )
Filed by Attorney for Defendant

10/02/2015 Motion to Compel (PLAINTIFF’S RESPONSE TO SPECIAL INTERROGATORIES, SET ONE )
Filed by Attorney for Defendant

10/02/2015 Motion to Compel (RESPONSES TO SPECIAL INTERROGATORIES )
Filed by Attorney for Defendant

10/02/2015 Declaration (OF RYAN D. MARSHALL )
Filed by Attorney for Defendant

10/02/2015 Points and Authorities
Filed by Attorney for Defendant

10/02/2015 Motion to Compel
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

10/02/2015 Motion to Compel
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

10/02/2015 Points and Authorities
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

09/21/2015 Miscellaneous-Other
Filed by Vikas M.D. Ghai (Defendant)

09/21/2015 Answer to First Amended Complaint
Filed by Attorney for Defendant

09/21/2015 Miscellaneous-Other (DESIGNATION OF TRIAL ATTORNEY )
Filed by Attorney for Defendant

09/21/2015 Notice (OF POSTING JURY FEES BY DEFT, VIKAS GHAI, M.D. )
Filed by Attorney for Defendant

09/21/2015 Miscellaneous-Other (CIVIL DEPOSIT )
Filed by Attorney for Defendant

09/21/2015 Notice
Filed by Vikas M.D. Ghai (Defendant)

09/21/2015 Answer to First Amended Complaint
Filed by Vikas M.D. Ghai (Defendant)

09/21/2015 Miscellaneous-Other
Filed by Vikas M.D. Ghai (Defendant)

09/08/2015 Demurrer (TO FIRST AMENDED COMPLAINT )
Filed by Attorney for Defendant

09/08/2015 Answer
Filed by Attorney for Defendant

09/08/2015 Demurrer
Filed by JAMES B. M.D. GRIMES (Defendant); Kern Bone & Joint Specialists (Defendant)

09/08/2015 Answer
Filed by Joseph M.D. Ipe (Defendant); Valley Anestheisa (Defendant)

09/02/2015 Amended Notice (NOTICE OF FURTHER CASE MANAGEMENT CONFERENCE 11-19-15 DEPT P 8:30 AM )
Filed by Attorney for Plaintiff

09/02/2015 Amended Notice
Filed by Torres, Chris, individually and as (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

08/31/2015 Notice (NOTICE OF FURTHER CASE MANAGEMENT CONFERENCE 11-18-15 8:30 AM DEPT P )
Filed by Attorney for Plaintiff

08/31/2015 Notice
Filed by Torres, Chris, individually and as (Plaintiff); Estate of Phyllis McQuilliams and (Plaintiff)

08/27/2015 at 08:30 AM in Department P
Case Management Conference – Held – Continued

08/27/2015 at 08:30 am in Department WEP, Nancy L. Newman, Presiding
Conference-Case Management – Held-Continued

08/27/2015 Minute order entered: 2015-08-27 00:00:00
Filed by Clerk

08/14/2015 Case Management Statement
Filed by Torres, Chris, individually and as (Plaintiff)

08/14/2015 Statement-Case Management
Filed by Attorney for Plaintiff

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 09/29/2017 08/22/2017 06/27/2017 04/05/2017 02/17/2017 12/05/2016 08/31/2016 05/20/2016 12/18/2015 08/12/2015 04/14/2015

08/12/2015 Case Management Statement
Filed by JAMES B. M.D. GRIMES (Defendant); Kern Bone & Joint Specialists (Defendant)

08/12/2015 Statement-Case Management
Filed by Attorney for Defendant

08/12/2015 Case Management Statement
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant)

08/10/2015 at 08:30 AM in Department O
Case Management Conference – Not Held – Advanced and Vacated

08/10/2015 Proof-Service/Summons
Filed by Torres, Chris, individually and as (Plaintiff)

08/10/2015 Proof-Service/Summons
Filed by Torres, Chris, individually and as (Plaintiff)

08/10/2015 Proof-Service/Summons
Filed by Attorney for Plaintiff

08/10/2015 Proof-Service/Summons
Filed by Torres, Chris, individually and as (Plaintiff)

07/30/2015 Notice (OF DEPOSIT OF JURY FEES BY HEALTHSOUTH BAKERSFIELD REHABILITATION HOSPITAL, LLC )
Filed by Attorney for Defendant

07/30/2015 Miscellaneous-Other (CIVIL DEPOSIT )
Filed by Attorney for Defendant

07/30/2015 Notice (NOTICE OF CASE MANAGEMENT CONFERENCE 8-27-15 8:30 AM DEPT P )
Filed by Attorney for Plaintiff

07/30/2015 Amendment to Complaint (DOE 5 VIKAS GHAI, M.D. )
Filed by Attorney for Plaintiff

07/30/2015 Amendment to Complaint (DOE 4 VALLEY ANESTHESIA )
Filed by Attorney for Plaintiff

07/30/2015 Notice
Filed by Torres, Chris, individually and as (Plaintiff)

07/30/2015 Notice
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

07/30/2015 Miscellaneous-Other
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

07/30/2015 Amendment to Complaint
Filed by Torres, Chris, individually and as (Plaintiff)

07/30/2015 Amendment to Complaint
Filed by Torres, Chris, individually and as (Plaintiff)

07/30/2015 Amendment to Complaint
Filed by Torres, Chris, individually and as (Plaintiff); William Holloway (Plaintiff)

07/30/2015 Amendment to Complaint (DOE 3 JOSEPH IPE, M.D. )
Filed by Attorney for Plaintiff

07/27/2015 Statement-Case Management
Filed by Attorney for Defendant

07/27/2015 Miscellaneous-Other (CIVIL DEPOSIT )
Filed by Attorney for Plaintiff

07/27/2015 Miscellaneous-Other
Filed by SAN JOAQUIN COMMUNITY HOSPITAL (Defendant)

07/27/2015 Case Management Statement
Filed by Kindred Hospital-Los Angeles (DOE 1) (Defendant)

07/27/2015 Case Management Statement
Filed by Health South Corporation (Legacy Party); Healthsouth Bakersfield Rehabilitation (Defendant)

07/27/2015 Case Management Statement
Filed by SAN JOAQUIN COMMUNITY HOSPITAL (Defendant)

07/22/2015 Case Management Statement
Filed by JAMES B. M.D. GRIMES (Defendant); Kern Bone & Joint Specialists (Defendant)

07/22/2015 Statement-Case Management
Filed by Attorney for Defendant

07/20/2015 at 00:00 AM in Department O
(Affidavit of Prejudice; Case reassigned per 170 CCP) –

07/20/2015 in Department WEO, Lisa Hart Cole, Presiding
Affidavit of Prejudice – Case reassigned per 170 CCP

07/20/2015 Minute order entered: 2015-07-20 00:00:00
Filed by Clerk

07/20/2015 Proof-Service/Summons
Filed by Torres, Chris, individually and as (Plaintiff)

07/20/2015 Challenge To Judicial Officer – Peremptory (170.6)
Filed by Torres, Chris, individually and as (Plaintiff)

07/20/2015 Proof-Service/Summons
Filed by Attorney for Plaintiff

07/20/2015 Proof-Service/Summons (PROOF OF SERVICE SOMMOMS ON THE FIRST AMENDED COMPLAINT FOR DAMAGES )
Filed by Attorney for Plaintiff

07/20/2015 Proof-Service/Summons
Filed by Torres, Chris, individually and as (Plaintiff)

07/20/2015 Affidavit of Prejudice – Premptory
Filed by Attorney for Plaintiff

07/17/2015 Answer to First Amended Complaint
Filed by Attorney for Defendant

07/17/2015 Answer to First Amended Complaint
Filed by JAMES B. M.D. GRIMES (Defendant); Kern Bone & Joint Specialists (Defendant)

07/16/2015 Notice
Filed by Kindred Hospital-Los Angeles (DOE 1) (Defendant)

07/16/2015 Demand for Jury Trial
Filed by Kindred Hospital-Los Angeles (DOE 1) (Defendant)

07/16/2015 Notice (OF DEPOSIT OF JURY FEES BY DEFENDANT THC ORANCE COUNTY, INC. DBA KINDRED HOSPITAL LOS ANGELES )
Filed by Attorney for Defendant

07/16/2015 Answer to Unverified 1st Am. Compl
Filed by Kindred Hospital-Los Angeles (DOE 1) (Defendant)

07/16/2015 Declaration
Filed by Kindred Hospital-Los Angeles (DOE 1) (Defendant)

07/16/2015 Answer to Unverified 1st Am. Compl
Filed by Attorney for Defendant

07/16/2015 Demand for Jury Trial
Filed by Attorney for Defendant

07/16/2015 Declaration (OF TRIAL COUNSEL ALEXANDER F. GIOVANNIELLO )
Filed by Attorney for Defendant

07/09/2015 Notice
Filed by Clerk

07/09/2015 Notice (Notice of Transfer of Action )
Filed by Clerk

07/09/2015 Notice
Filed by Clerk

07/09/2015 Notice
Filed by Clerk

07/09/2015 Notice
Filed by Clerk

06/25/2015 Notice of Transfer
Filed by Attorney for Defendant

06/25/2015 Notice of Transfer
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant)

06/24/2015 Amendment to Complaint
Filed by Torres, Chris, individually and as (Plaintiff)

06/24/2015 Amendment to Complaint (DOE 2 KERN BONE & JOINT SPECIALISTS )
Filed by Attorney for Plaintiff

06/18/2015 Motion to Transfer (STIPULATION TO TRANSFER COMPLICATED PERSONAL INJURY CASE TO INDEPENDENT CALENDAR COURT AND ORDER GRANTED-Santa Monica, Dept. O )
Filed by Attorney for Defendant

06/18/2015 Motion to Transfer
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant)

06/18/2015 MOTION/OPPOSITION/STIPULATION TO TRANSFER COMPLICATED PERSONAL INJURY CASE TO INDEPENDENT CALENDAR COURT AND ORDER

06/08/2015 NOTICE OF RULING ON MOTION TO CHANGE VENUE

06/08/2015 Notice of Ruling
Filed by William Holloway (Plaintiff)

06/08/2015 Notice of Ruling (ON MOTION TO CHANGE VENUE )
Filed by Attorney for Plaintiff

06/02/2015 at 1:30 PM in Department 93
Hearing on Motion to Transfer (Motion to Transfer; Denied) –

06/02/2015 at 01:30 pm in Department LA93, Halm, Howard L., Presiding
Motion to Transfer (-ACTION TO KERN COUNTYJOINDER OF SAN JOAQUIN COMMUNITYHOSPITALJOINDER OF DEFT HEALTHSOUTH BAKERSFIELD REHABILITATION HOSPITAL) – Denied

06/02/2015 Order (RE: MOTION OF DEFENDANT, JAMES B. GRIMES, M.D., TO CHANGE VENUE )
Filed by Judge

06/02/2015 Order
Filed by Judge

06/02/2015 Minute Order

06/02/2015 Minute order entered: 2015-06-02 00:00:00
Filed by Clerk

06/02/2015 ORDER RE: MOTION OF DEFENDANT, JAMES B. GRIMES, M.D., TO CHANGE VENUE

05/28/2015 Joinder
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

05/28/2015 HEALTIISOIJ1LI BAKFKSFIELI) RFHABILITATION HOSIITAI, LLC D/B/A HEAITHSOUTH BAKEKSFIELI) REHABILITATION HOSPITALS, NOTICE OF JOIN PER IN MOTION TO TRANSFER VENUE FILED BY CO-DEFENDANT, JAMES B. GRIMES, M.D.

05/28/2015 Joinder (IN MOTION TO TRANSFER VENUE FILED BY CO-DEFT, JAMES B. GRIMES, M.D. )
Filed by Attorney for Defendant

05/27/2015 Notice of Joinder (IN MOTION TO TRANSFER ACTION TO KERN COUNTY BASED ON IMPROPER COURT OF DEFENDANT JAMES B. GRIMES , M.D. )
Filed by Attorney for Defendant

05/27/2015 NOTICE OF JOINDER IN MOTION TO TRANSFER ACTION TO KERN COUNTY BASED ON IMPROPER COURT OF DEFENDANT JAMES B. GRIMES, M.D.

05/27/2015 Notice of Joinder
Filed by SAN JOAQUIN COMMUNITY HOSPITAL (Defendant)

05/21/2015 DEFENDANT, JAMES B. GRIMES, M.D.’S, REPLY TO PLAINTIFFS’ OPPOSITION TO MOTION TO TRANSFER ACTION

05/21/2015 Reply to Opposition (TO MOTION TO TRANSFER ACTION )
Filed by Attorney for Defendant

05/21/2015 Reply to Opposition
Filed by JAMES B. M.D. GRIMES (Defendant)

05/15/2015 Points and Authorities
Filed by Torres, Chris, individually and as (Plaintiff)

05/15/2015 Points and Authorities (IN OPPOSITION TO MOTION TO TRANSFER )
Filed by Attorney for Plaintiff

05/15/2015 MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO MOTION TO TRANSFER

05/13/2015 Amendment to Complaint
Filed by Attorney for Plaintiff

05/13/2015 Amendment to Complaint
Filed by Torres, Chris, individually and as (Plaintiff)

05/13/2015 AMENDMENT TO COMPLAINT SEC. 474 CCP

04/29/2015 Answer to First Amended Complaint
Filed by Healthsouth Bakersfield Rehabilitation (Defendant)

04/29/2015 DEFENDANT, HEALTHSOUTH BAKERSFIELD REHABILITATION HOSPITAL, LLC D/B!A HEALTHSOUTH BAKERSFIELD REHABILITATION HOSPITAL’S, ANSWER TO PLAINTIFF’S FIRST AMENDED COMPLAINT FOR DAMAGES

04/29/2015 Answer to First Amended Complaint
Filed by Attorney for Defendant

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 09/29/2017 08/22/2017 06/27/2017 04/05/2017 02/17/2017 12/05/2016 08/31/2016 05/20/2016 12/18/2015 08/12/2015 04/14/2015

04/14/2015 Notice of Hearing
Filed by JAMES B. M.D. GRIMES (Defendant)

04/14/2015 Notice of Hearing (AMENDED NOTICE OF HEARING ON DEMURRER TO FIRST AMENDED COMPLAINT )
Filed by Attorney for Defendant

04/14/2015 AMENDED NOTICE OF HEARING ON DEMURRER TO FIRST AMENDED COMPLAINT

04/08/2015 DECLARATION OF JAMES B. GRIMES, M.D. IN SUPPORT OF MOTION FOR CHANGE OF VENUE

04/08/2015 NOTICE OF HEARING ON DEMURRER; DEMURRER TO FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES

04/08/2015 Motion to Transfer
Filed by Attorney for Defendant

04/08/2015 Declaration
Filed by JAMES B. M.D. GRIMES (Defendant)

04/08/2015 Demurrer
Filed by JAMES B. M.D. GRIMES (Defendant)

04/08/2015 Demurrer (TO FIRST AMENDED COMPLAINT )
Filed by Attorney for Defendant

04/08/2015 Declaration (OF JAMES B. GRIMES, M.D. IN SUPPORT OF MOTION FOR CHANGE OF VENUE )
Filed by Attorney for Defendant

04/08/2015 Motion to Transfer
Filed by JAMES B. M.D. GRIMES (Defendant)

04/08/2015 NOTICE OF MOTION AND MOTION TO TRANSFER ACTION TO KERN COUNTY BASED ON IMPROPER COURT; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF JENNIFER J. HENDERSON IN SUPPORT

04/03/2015 ANSWER TO COMPLAINT

04/03/2015 Answer to Complaint Filed
Filed by Attorney for Defendant

04/03/2015 Answer
Filed by THE REGENTS OF THE UNIVERSITY OF (Defendant)

04/01/2015 Answer to First Amended Complaint
Filed by Attorney for Defendant

04/01/2015 Miscellaneous-Other (DESINGATION OF TRIAL ATTY AND DECLARATION IN SUPPORT THEREOF )
Filed by Attorney for Defendant

04/01/2015 ANSWER TO FIRST AMENDED COMPLAINT

04/01/2015 DESIGNATION OF TRIAL ATTORNEY AND DECLARATION IN SUPPORT THEREOF

04/01/2015 Answer to First Amended Complaint
Filed by SAN JOAQUIN COMMUNITY HOSPITAL (Defendant)

04/01/2015 Miscellaneous-Other
Filed by SAN JOAQUIN COMMUNITY HOSPITAL (Defendant)

03/25/2015 at 08:30 AM in Department 93
Case Management Conference (Conference-Case Management; Trial Date Set) –

03/25/2015 at 08:30 am in Department LA93, Halm, Howard L., Presiding
Conference-Case Management – Trial Date Set

03/25/2015 Minute Order

03/25/2015 Minute order entered: 2015-03-25 00:00:00
Filed by Clerk

03/24/2015 Proof-Service/Summons
Filed by Torres, Chris, individually and as (Plaintiff)

03/24/2015 Proof-Service/Summons
Filed by Attorney for Plaintiff

03/24/2015 PROOF OF SERVICE SUMMONS

03/19/2015 Summons Filed
Filed by Attorney for Plaintiff

03/19/2015 SUMMONS ON FIRST AMENDED COMPLAINT

03/19/2015 Summons
Filed by Torres, Chris, individually and as (Plaintiff)

03/17/2015 Case Management Statement
Filed by Torres, Chris, individually and as (Plaintiff)

03/17/2015 CASE MANAGEMENT STATEMENT

03/17/2015 Statement-Case Management
Filed by Attorney for Plaintiff

03/16/2015 PROOF OF SERVICE SUMMONS

03/16/2015 Proof of Service
Filed by Attorney for Plaintiff

03/16/2015 Proof of Service (not Summons and Complaint)
Filed by Torres, Chris, individually and as (Plaintiff)

03/06/2015 PROOF OF SERVICE OF SUMMONS

03/06/2015 PROOF OF SERVICE OF SUMMONS

03/06/2015 Proof of Service (not Summons and Complaint)
Filed by Plaintiff

03/06/2015 Proof of Service (PARTY SERVED: JAMES B. GRIMES, M.D. )
Filed by Attorney for Plaintiff

03/06/2015 Proof of Service (not Summons and Complaint)
Filed by Plaintiff

03/06/2015 Proof of Service (PARTY SERVED: SAN JOAQUIN COMMUNITY HOSPITAL )
Filed by Attorney for Plaintiff

02/26/2015 Notice of Case Management Conference
Filed by Torres, Chris, individually and as (Plaintiff)

02/26/2015 Notice-Case Management Conference
Filed by Attorney for Plaintiff

02/26/2015 NOTICE OF CASE MANAGEMENT CONFERENCE

01/21/2015 First Amended Complaint

01/21/2015 FIRST AMENDED COMPLAINT FOR DAMAGES

01/21/2015 First Amended Complaint
Filed by Attorney for Plaintiff

01/02/2015 at 08:30 AM in Department O
Non-Appearance Case Review (Non-Appearance (Case Review); Court Makes Order) –

01/02/2015 at 08:30 am in Department WEO, Lisa Hart Cole, Presiding
Non-Appearance (Case Review) – Court Makes Order

01/02/2015 Minute order entered: 2015-01-02 00:00:00
Filed by Clerk

03/21/2011 Notice
Filed by MD, NADIM W. SARKIES (Defendant)

03/21/2011 Notice (OF ERRATA REGARDING EXHIBIT C IN SUPPORT OF DEFT NADIM SARKIES, M.D.’S MOTION TO TRANSFER VENUE )
Filed by Attorney for Defendant

11/22/2007 Notice (NOTICE OF ENTRY OF ORDER DETERMINING GOOD FAITH SETTLEMENT )
Filed by Attorney for Defendant

11/22/2007 Notice
Filed by M.D., SHANKAR RAMAN (Defendant)

VILPULKUMAR PATEL VS GOVIND VAGHASHIA case docket

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Case Number: EC064357
VILPULKUMAR PATEL VS GOVIND VAGHASHIA, ET AL.
Filing Courthouse: Burbank Courthouse

Filing Date: 08/14/2015
Case Type: Other Employment Complaint Case (General Jurisdiction)
Status: Pending

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FUTURE HEARINGS
Case Information | Register Of Actions | FUTURE HEARINGS | PARTY INFORMATION | Documents Filed | Proceedings Held

01/29/2020 at 08:30 AM in Department E at 600 East Broadway, Glendale, CA 91206
Status Conference

PARTY INFORMATION
Case Information | Register Of Actions | FUTURE HEARINGS | PARTY INFORMATION | Documents Filed | Proceedings Held

BURBANK TRAVELODGE – Defendant

JAYMIN VAGHASHIA ESQ. – Former Attorney for Plaintiff

LAW OFFICES OF ALFRED O. ANYA – Attorney for Defendant

MANDEEP RUPAL – Attorney for Plaintiff

MCKIBBIN ROBYN M. – Attorney for Defendant

MCKIBBIN ROBYN MICHELE – Attorney for Defendant

PATEL VIPULKUMAR – Plaintiff

PATEL VIPULKUMAR – Plaintiff and Cross-Defendant

QUALITY INN – BURBANK AIRPORT – Defendant

QUALITY INN – BURBANK AIRPORT – Defendant

QUALITY INN – CAMARILLO – Defendant

QUALITY INN – CAMARILLO – Defendant

RUPAL MANDEEP S. – Attorney for Plaintiff

STONE DEAN LLP – Attorney for Appellant

TRAVELODGE BURBANK – Defendant

VAGHASHIA GOVIND – Defendant

VAGHASHIA GOVIND – Defendant

VAGHASHIA MITA – Defendant

VAGHASHIA MITA – Defendant

VAGHASHIA PRASHANT – Defendant

VAGHASHIA PRASHANT – Defendant

VAGHASHIA SONAL – Defendant

VAGHASHIA SONAL – Defendant

VAGHASHIA SUNDEEP – Defendant

VAGHASHIA SUNDEEP – Defendant

Documents Filed
Case Information | Register Of Actions | FUTURE HEARINGS | PARTY INFORMATION | Documents Filed | Proceedings Held

Documents Filed (Filing dates listed in descending order)

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
06/22/2018 10/19/2017 06/15/2016

09/23/2019 Notice (of Ruling)
Filed by GOVIND VAGHASHIA (Defendant)

09/19/2019 Minute Order ( (Status Conference Regarding Appeal))
Filed by Clerk

03/19/2019 Certificate of Mailing for ([Minute Order (Final Status Conference)])
Filed by Clerk

03/19/2019 Minute Order ( (Final Status Conference))
Filed by Clerk

02/01/2019 Notice of Case Reassignment and Order for Plaintiff to Give Notice
Filed by Clerk

01/28/2019 Notice of Case Reassignment and Order for Plaintiff to Give Notice
Filed by Clerk

11/20/2018 Certificate of Mailing for ([Minute Order (Ruling on Submitted Matter of the Motion of Defendant/Cross-C…)])
Filed by Clerk

11/20/2018 Certificate of Mailing for (Minute Order (Ruling on Submitted Matter of the Motion of Defendant/Cross-C…) of 11/20/2018)
Filed by Clerk

11/20/2018 Minute Order ((Ruling on Submitted Matter of the Motion of Defendant/Cross-C…))
Filed by Clerk

11/16/2018 Minute Order ((Legacy Event Type : Motion))
Filed by Clerk

10/12/2018 Minute order entered: 2018-10-12 00:00:00
Filed by Clerk

10/12/2018 Minute Order ((Legacy Event Type : Motion of Defendant/Cross-Complainant, Go…))
Filed by Clerk

09/28/2018 Opposition
Filed by GOVIND VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

09/28/2018 Opposition (TO DEFENDANT’S MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT ON BEHALF OF DEFENDANT/CROSS-COMPLAINANT, GOVIND VAGHASHIA DBA QUALITY INN – BURBANK AIRPORT; DECLARATION OF ROBYN M. McKIBBIN, ESQ.)
Filed by Atty for Defendant and Cross-Compl

09/14/2018 Minute order entered: 2018-09-14 00:00:00
Filed by Clerk

09/05/2018 Notice of Continuance

09/05/2018 Notice
Filed by GOVIND VAGHASHIA (Defendant)

09/05/2018 Notice (OF CONTINUANCE OF MOTION TO STAY PENDING APPEAL OF DISQUALIFICATION )
Filed by Atty for Defendant and Cross-Compl

09/04/2018 Minute order entered: 2018-09-04 00:00:00
Filed by Clerk

09/04/2018 Notice of Motion

09/04/2018 Motion
Filed by PRASHANT VAGHASHIA (Defendant)

09/04/2018 Motion (FOR LEAVE TO FILE A X-COMPLAINT )
Filed by Attorney for Defendant

08/31/2018 Minute order entered: 2018-08-31 00:00:00
Filed by Clerk

08/24/2018 APPELLANT’S NOTICE

08/24/2018 Designation of Record on Appeal
Filed by GOVIND VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

08/24/2018 Designation of Record on Appeal
Filed by Attorney for Defendant

08/17/2018 Minute order entered: 2018-08-17 00:00:00
Filed by Clerk

08/15/2018 Notice of Motion

08/15/2018 Notice of Motion
Filed by GOVIND VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

08/15/2018 Notice of Motion (AND MOTION TO STAY PENDING APPEAL OF DISQUALIFICATION ORDER; MPA; DECLARATION OF ROBYN M. McKIBBIN, ESQ. )
Filed by Atty for Defendant and Cross-Compl

08/15/2018 Notice-Atty-Notice of Appeal
Filed by Clerk

08/14/2018 Notice of Appeal
Filed by GOVIND VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

08/14/2018 Notice of Appeal
Filed by Attorney for Deft/Respnt

08/09/2018 Minute order entered: 2018-08-09 00:00:00
Filed by Clerk

07/19/2018 Request For Copies

06/29/2018 Minute order entered: 2018-06-29 00:00:00
Filed by Clerk

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 06/22/2018 10/19/2017 06/15/2016

06/22/2018 Minute order entered: 2018-06-22 00:00:00
Filed by Clerk

06/18/2018 Motion
Filed by GOVIND VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

06/18/2018 Opposition
Filed by GOVIND VAGHASHIA (Defendant)

06/18/2018 Motion (FOR PROTECTIVE ORDER )
Filed by Atty for Defendant and Cross-Compl

06/18/2018 Opposition (FOR LEAVE TO FILE A CROSS-COMP )
Filed by Atty for Defendant and Cross-Compl

06/11/2018 Opposition
Filed by GOVIND VAGHASHIA (Defendant)

06/11/2018 Declaration
Filed by GOVIND VAGHASHIA (Defendant)

06/11/2018 Opposition (TO MOTION TO DISQUALIFY COUNSEL )
Filed by Atty for Defendant and Cross-Compl

06/11/2018 Declaration (OF ROBYN M. MCKIBBIN IN SUPPORT OF OPPOSITION )
Filed by Atty for Defendant and Cross-Compl

06/08/2018 Minute order entered: 2018-06-08 00:00:00
Filed by Clerk

06/07/2018 Request
Filed by Interested Party

06/07/2018 Request (MISCELLANEOUS COPIES )
Filed by Interested Party

05/02/2018 Minute order entered: 2018-05-02 00:00:00
Filed by Clerk

05/02/2018 Ex-Parte Application
Filed by PRASHANT VAGHASHIA (Defendant)

05/02/2018 Ex-Parte Application (FOR AN ORDER SHORTENING TIME FOR HEARING ON DEFENDANT’S MOTION TO DISQUALIFY COUNSEL AND MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES AND SUPPORTING DECLARA)
Filed by Attorney for Defendant

05/01/2018 Opposition
Filed by GOVIND VAGHASHIA (Defendant)

05/01/2018 Opposition (TO EX-PARTE APPLICATION TO SHORTEN TIME: DECLARATION OF ROBYN M. McKIBBIN )
Filed by Atty for Defendant and Cross-Compl

04/30/2018 Motion in Limine (# 2 to preclude testimony and evidence from plaintiff/cross-defendant’s expert witness, Michael N. Wakshull)
Filed by GOVIND VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

04/30/2018 Motion in Limine (# 1 to preclude evidence of or reference to an alleged employment agreement)
Filed by GOVIND VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

04/30/2018 Declaration (of Robyn M. McKibbin, Esq. in support of defendant/cross-complainant’s motion in limine # 1 through 4.)
Filed by GOVIND VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

04/30/2018 Motion in Limine (#4 to preclude evidence of or reference to non-party Rakesh Kothati’s unrelated lawsuit against him.)
Filed by GOVIND VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

04/30/2018 Motion in Limine (#3 to preclude evidence of or reference to defendant, Prashant Vaghashia’s unrelated lawsuit against him.)
Filed by GOVIND VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

04/27/2018 Motion
Filed by PRASHANT VAGHASHIA (Defendant)

04/27/2018 Motion
Filed by PRASHANT VAGHASHIA (Defendant)

04/27/2018 Motion (TO DISQUALIFY COUNSEL )
Filed by Attorney for Defendant

04/27/2018 Motion (FOR LEAVE TO FILE CROSS-COMPLAINT )
Filed by Attorney for Defendant

04/13/2018 Substitution of Attorney
Filed by PRASHANT VAGHASHIA (Defendant)

04/13/2018 Substitution of Attorney
Filed by Attorney for Defendant

04/12/2018 Minute order entered: 2018-04-12 00:00:00
Filed by Clerk

04/12/2018 Ex-Parte Application
Filed by GOVIND VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

04/12/2018 Ex-Parte Application (FOR AN ORDER TO SHORTEN TIME, OR IN THE ALTERNATIVE, TO SPECIALLY SET THE HEARING ON HIS MOTION TO STRIKE PORTIONS OF HIS DEPOSITION TESTIMONEY; DECLARATION OF ROBYN M. MCKIBBIN, ESQ.)
Filed by Atty for Defendant and Cross-Compl

04/11/2018 Motion to Strike
Filed by GOVIND VAGHASHIA (Defendant)

04/11/2018 Motion to Strike (PORTIONS OF DEPOSITION TESTIMONY )
Filed by Atty for Defendant and Cross-Compl

03/26/2018 Request
Filed by Interested Party

03/26/2018 Request (MISCELLANEOUS COPIES )
Filed by Interested Party

03/12/2018 Notice of Ruling
Filed by GOVIND VAGHASHIA (Defendant)

03/12/2018 Notice of Ruling
Filed by Atty for Defendant and Cross-Compl

03/02/2018 Minute order entered: 2018-03-02 00:00:00
Filed by Clerk

11/17/2017 Request
Filed by Interested Party

11/17/2017 Request (COPY OF AMENDED COMPLAINT )
Filed by Interested Party

11/13/2017 Notice
Filed by VIPULKUMAR PATEL (Plaintiff)

11/13/2017 Notice (OF POSTING JURY FEES )
Filed by Atty for Plaintiff and Cross-Deft

11/09/2017 Minute order entered: 2017-11-09 00:00:00
Filed by Clerk

11/02/2017 Notice of Rejection – Fax Filing

10/20/2017 Minute order entered: 2017-10-20 00:00:00
Filed by Clerk

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 06/22/2018 10/19/2017 06/15/2016

10/19/2017 Notice
Filed by GOVIND VAGHASHIA (Defendant)

10/19/2017 Notice (of New Hearing Date RE Defendant’s Motion to Compel Responses to Request for Production of Documents, Set Two)

10/19/2017 Notice (OF NEW HEARING DATE RE DEFENDANT’S MOTION TO COMPEL VERIFIED RESPONSES TO FORM INTERROGATOREIS )
Filed by Atty for Defendant and Cross-Compl

10/13/2017 Reply
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

10/13/2017 Reply
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

10/13/2017 Reply (AND NOTICE OF NO OPPOSITION )
Filed by Attorney for Defendant

09/08/2017 Notice
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

09/08/2017 Notice
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

09/08/2017 Notice (OF TAKING MOTION TO HAVE REQUEST DEEMED ADMITTED OFF CALENDAR (170825245851) )
Filed by Attorney for Defendant

09/08/2017 Notice (OF TAKING MOTION TO COMPEL VERIFIED RESPONSES TO SPECIAL INTERROGATORIES (170825245849) )
Filed by Attorney for Defendant

08/28/2017 Notice to Compel and Motion to Compel
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

08/28/2017 Notice to Motion and Motion to Deemed Admissions
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

08/28/2017 Motion to Compel
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

08/28/2017 Motion
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

08/28/2017 Separate Statement
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

08/28/2017 Motion to Compel (RESPONSES TO SPECIAL INTERROGATORIES AND REQUEST FOR SANCTIONS )
Filed by Atty for Defendant and Cross-Compl

08/28/2017 Motion to Compel (RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR SANCTIONS )
Filed by Atty for Defendant and Cross-Compl

08/28/2017 Motion to Compel (RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS SET TWO, REQUEST FOR SANCTIONS )
Filed by Atty for Defendant and Cross-Compl

08/28/2017 Motion (FOR DEEMED ADMISSIONS, OR IN THE ALTERNATIVE, FOR VERIFIED RESPON- SES TO REQUEST FOR ADMISSION; REQUEST FOR SANCTIONS )
Filed by Atty for Defendant and Cross-Compl

08/28/2017 Separate Statement
Filed by Atty for Defendant and Cross-Compl

05/15/2017 Minute order entered: 2017-05-15 00:00:00
Filed by Clerk

05/12/2017 Minute order entered: 2017-05-12 00:00:00
Filed by Clerk

05/11/2017 Ex-Parte Application
Filed by VIPULKUMAR PATEL (Plaintiff)

05/11/2017 Ex-Parte Application (FOR AN ORDER TO CONTINUE TRIAL DATE AND ALL CORRESPONDING DATES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MANDEEP S. RUPAL; AND DECLARATION OF ROBYN M. MCKIBBIN)
Filed by Attorney for Plaintiff

04/26/2017 Minute order entered: 2017-04-26 00:00:00
Filed by Clerk

04/26/2017 Stipulation
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

04/26/2017 Stipulation (TO CONTINUE TRIAL, FINAL STATUS CONFERENCE AND RELATED DISCOVERY AND MOTION CUT-OFF DATES; [PROPOSED] ORDER *DENIED* )
Filed by Atty for Defendant and Cross-Compl

03/28/2017 Request For Copies

03/24/2017 Answer to First Amended Complaint
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

03/24/2017 Answer to First Amended Complaint
Filed by Atty for Defendant and Cross-Compl

03/13/2017 Answer to Cross-Complaint
Filed by VIPULKUMAR PATEL (Plaintiff)

03/13/2017 Answer to Cross-Complaint
Filed by Attorney for Plaintiff

03/02/2017 Minute order entered: 2017-03-02 00:00:00
Filed by Clerk

02/28/2017 Notice of Related Case
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

02/28/2017 Notice-Related Cases (RELATED TO EC063305 )
Filed by Attorney for Defendant

02/22/2017 Minute order entered: 2017-02-22 00:00:00
Filed by Clerk

02/22/2017 Cross-Compl fld- No Summons Issued
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

02/22/2017 Stipulation
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

02/22/2017 Cross-Compl fld- No Summons Issued
Filed by Atty for Defendant and Cross-Compl

02/22/2017 Stipulation (JOINT STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT )
Filed by Attorney for Defendant

02/03/2017 Summons (on Complaint)
Filed by VIPULKUMAR PATEL (Plaintiff)

02/03/2017 First Amended Complaint
Filed by VIPULKUMAR PATEL (Plaintiff)

02/03/2017 Summons Filed
Filed by Attorney for Plaintiff

02/03/2017 First Amended Complaint
Filed by Attorney for Plaintiff

10/05/2016 Minute order entered: 2016-10-05 00:00:00
Filed by Clerk

09/29/2016 Case Management Statement
Filed by VIPULKUMAR PATEL (Plaintiff)

09/27/2016 Case Management Statement
Filed by VIPULKUMAR PATEL (Plaintiff)

09/27/2016 Statement-Case Management
Filed by Attorney for Defendant

09/26/2016 Statement-Case Management
Filed by Attorney for Plaintiff

07/11/2016 Minute order entered: 2016-07-11 00:00:00
Filed by Clerk

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 06/22/2018 10/19/2017 06/15/2016

06/15/2016 Notice of Ruling
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

06/15/2016 Answer
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

06/15/2016 Notice of Ruling
Filed by Attorney for Defendant

06/15/2016 Answer
Filed by Attorney for Defendant

06/10/2016 Minute order entered: 2016-06-10 00:00:00
Filed by Clerk

06/06/2016 Substitution of Attorney
Filed by VIPULKUMAR PATEL (Plaintiff)

06/06/2016 Substitution of Attorney
Filed by Attorney for Plaintiff

06/03/2016 Reply
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

06/03/2016 Reply (AND NOTICE OF NO OPPOSITION )
Filed by Attorney for Defendant

05/19/2016 Notice
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant); MITA VAGHASHIA (Defendant)

05/19/2016 Notice (OF ERRATA )
Filed by Attorney for Defendant

05/17/2016 Miscellaneous-Other
Filed by Defendant

05/17/2016 Miscellaneous-Other (CIVIL DEPOSIT )
Filed by Attorney for Defendant

05/13/2016 Motion to Set Aside
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

05/13/2016 Motion to Set Aside (DEFAULT AND TO ALLOW DEFENDANTS TO FILE A RESPONSIVE PLEADING )
Filed by Attorney for Defendant

03/02/2016 Minute order entered: 2016-03-02 00:00:00
Filed by Clerk

02/25/2016 Request for Entry of Default / Judgment
Filed by VIPULKUMAR PATEL (Plaintiff)

02/25/2016 Partial Dismissal
Filed by VIPULKUMAR PATEL (Plaintiff)

02/25/2016 Default Entered
Filed by VIPULKUMAR PATEL (Plaintiff)

02/25/2016 Default Entered (VACATED AND SET ASIDE PER COURT ORDER ON JUNE 10, 2016 )
Filed by Attorney for Plaintiff

02/25/2016 Request for Entry of Default
Filed by Attorney for Plaintiff

02/25/2016 Partial Dismissal (WITHOUT PREJUDICE DOES 1-20, ONLY )
Filed by Attorney for Plaintiff

01/13/2016 Minute order entered: 2016-01-13 00:00:00
Filed by Clerk

12/15/2015 Minute order entered: 2015-12-15 00:00:00
Filed by Clerk

12/08/2015 Proof of Service (not Summons and Complaint)
Filed by VIPULKUMAR PATEL (Plaintiff)

12/08/2015 Proof of Service (not Summons and Complaint)
Filed by VIPULKUMAR PATEL (Plaintiff)

12/08/2015 Proof of Service
Filed by Attorney for Plaintiff

11/30/2015 Minute order entered: 2015-11-30 00:00:00
Filed by Clerk

11/25/2015 Partial Dismissal
Filed by VIPULKUMAR PATEL (Plaintiff)

11/25/2015 Partial Dismissal (WITHOUT PREJUDICE COMPLAINT AS TO SONAL VAGHASHIA, SUNDEEP VAGHA- SHIA, BURBANK TRAVELODGE, QUALITY INN-CAMARILLO, MITA VAGHASHIA AND QUALITY INN – BURBANK AIRPORT )
Filed by Attorney for Plaintiff

11/16/2015 Proof-Service/Summons
Filed by VIPULKUMAR PATEL (Plaintiff)

11/16/2015 Proof-Service/Summons
Filed by VIPULKUMAR PATEL (Plaintiff)

11/16/2015 Proof of Personal Service (served to Prashant Vaghashia)
Filed by VIPULKUMAR PATEL (Plaintiff)

11/16/2015 Proof-Service/Summons
Filed by Attorney for Plaintiff

10/28/2015 Minute order entered: 2015-10-28 00:00:00
Filed by Clerk

08/14/2015 Summons (on Complaint)
Filed by null

08/14/2015 Civil Case Cover Sheet

08/14/2015 Notice of Case Assignment – Unlimited Civil Case

08/14/2015 Notice of Case Management Conference

08/14/2015 Notice of Order to Show Cause Re Failure to Comply with Trial Court Delay Reduction Act

08/14/2015 Complaint filed-Summons Issued
Filed by null

08/14/2015 Summons Filed

08/14/2015 Complaint filed-Summons Issued

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 06/22/2018 10/19/2017 06/15/2016

Proceedings Held
Case Information | Register Of Actions | FUTURE HEARINGS | PARTY INFORMATION | Documents Filed | Proceedings Held

Proceedings Held (Proceeding dates listed in descending order)

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
01/09/2018 10/28/2015

09/19/2019 at 08:30 AM in Department E, Curtis A. Kin, Presiding
Status Conference (Regarding Appeal) – Held – Continued

03/25/2019 at 09:00 AM in Department E, Curtis A. Kin, Presiding
Trial – Not Held – Vacated by Court

03/19/2019 at 08:30 AM in Department E, Curtis A. Kin, Presiding
Final Status Conference – Held

11/20/2018 at 3:28 PM in Department E, Curtis A. Kin, Presiding
Ruling on Submitted Matter

11/16/2018 at 08:30 AM in Department E, Curtis A. Kin, Presiding
Hearing on Motion – Other ((Legacy)) – Held – Taken under Submission

10/12/2018 at 08:30 AM in Department E, Curtis A. Kin, Presiding
Hearing on Motion – Other ((Legacy)) – Not Held – Taken Off Calendar by Court

09/14/2018 at 08:30 AM in Department E
Unknown Event Type

09/04/2018 at 10:30 AM in Department E
Non-Appearance Case Review (Non-Appearance (Case Review); Court makes Order) –

09/04/2018 at 10:30 am in Department NCGE, Laura A. Matz, Presiding
Non-Appearance (Case Review) – Court makes Order

08/31/2018 at 2:30 PM in Department E
Non-Appearance Case Review (Non-Appearance (Case Review); Court makes Order) –

08/31/2018 at 02:30 pm in Department NCGE, Laura A. Matz, Presiding
Non-Appearance (Case Review) – Court makes Order

08/17/2018 at 08:30 AM in Department E
(Motion; Off Calendar – Moving Party) –

08/17/2018 at 08:30 AM in Department E
Unknown Event Type

08/09/2018 at 08:30 AM in Department E
Status Conference (Status Conference; Trial and Conference Set) –

08/09/2018 at 08:30 am in Department NCGE, Laura A. Matz, Presiding
Status Conference (ON NEW COUNSEL FOR DEFENDANTGOVIND VAGHASHIA AND TO DETERMINETHE STATUS AND SETTING OF THEMOTION SET FOR JUNE 29, 2018 ANDFURTHER CASE MANAGEMENT CONFERENCE) – Trial and Conference Set

06/29/2018 at 08:30 AM in Department E
Unknown Event Type – Not Held – Advanced and Vacated

06/22/2018 at 08:30 AM in Department E
(Motion; Court makes Order) –

06/22/2018 at 08:30 am in Department NCGE, Other District Judge, Presiding
Motion (TO DISQUALIFY COUNSEL2) TRIAL SETTING CONFERENCE) – Court makes Order

06/08/2018 at 08:30 AM in Department E
Hearing on Motion to Strike ((Off Calendar – Moving Party)) –

05/29/2018 at 09:00 AM in Department E
Unknown Event Type – Not Held – Advanced and Vacated

05/22/2018 at 08:30 AM in Department E
Final Status Conference – Not Held – Advanced and Vacated

05/02/2018 at 08:30 AM in Department E
Ex-Parte Proceedings (Ex Parte Motion; Court makes Order) –

05/02/2018 at 08:30 am in Department NCGE, Other District Judge, Presiding
Ex-parte Motion – Court makes Order

04/12/2018 at 08:30 AM in Department E
Ex-Parte Proceedings (Ex Parte Motion; Denied) –

04/12/2018 at 08:30 am in Department NCGE, Other District Judge, Presiding
Ex-parte Motion (FOR AN ORDER TO SHORTEN TIME, ORIN THE ALTERNATIVE, TO SPECIALLYSET THE HEARING ON HIS MOTION TOSTRIKE PORTIONS OF HIS DEPOSITIONTESTIMONY) – Denied

03/02/2018 at 08:30 AM in Department E
Hearing on Motion to Compel ((Court makes Order)) –

03/02/2018 at 08:30 am in Department NCGE, Other District Judge, Presiding
Motion to Compel – Court makes Order

01/16/2018 at 09:00 AM in Department E
(Trial; Continued) –

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 01/09/2018 10/28/2015

01/09/2018 at 08:30 AM in Department E
Final Status Conference (Final Status Conference; Continued) –

11/09/2017 at 1:30 PM in Department E
Non-Appearance Case Review (Non-Appearance (Case Review); Court makes Order) –

11/09/2017 at 01:30 pm in Department NCGE, Laura A. Matz, Presiding
Non-Appearance (Case Review) – Court makes Order

10/20/2017 at 08:30 AM in Department E
Hearing on Motion to Compel ((Continued)) –

10/20/2017 at 08:30 AM in Department E
(Motion; Off Calendar – Moving Party) –

06/05/2017 at 09:00 AM in Department E
(Trial; Continued) –

05/30/2017 at 08:30 AM in Department E
Final Status Conference (Final Status Conference; Continued) –

05/15/2017 at 08:30 AM in Department E
Ex-Parte Proceedings – Held – Motion Granted

05/15/2017 at 08:30 am in Department NCGE, Laura A. Matz, Presiding
Ex-parte Motion (FOR AN ORDER TO CONTINUE TRIALDATE AND ALL CORRESPONDING DATES) – Granted

05/12/2017 at 08:30 AM in Department Legacy
Ex-Parte Proceedings (Ex Parte Motion; Continued) –

05/12/2017 at 08:30 am in Department GLNOTH, Other District Judge, Presiding
Ex-parte Motion (FOR AN ORDER TO CONTINUE TRIALDATE AND ALL CORRESPONDINGDATES) – Continued

04/26/2017 at 1:30 PM in Department E
Non-Appearance Case Review (Non-Appearance (Case Review); Court makes Order) –

04/26/2017 at 01:30 pm in Department NCGE, Laura A. Matz, Presiding
Non-Appearance (Case Review) – Court makes Order

03/02/2017 at 2:30 PM in Department E
Non-Appearance Case Review (Non-Appearance (Case Review); Court makes Order) –

03/02/2017 at 02:30 pm in Department NCGE, Laura A. Matz, Presiding
Non-Appearance (Case Review) – Court makes Order

02/22/2017 at 4:30 PM in Department E
Non-Appearance Case Review

10/05/2016 at 08:30 AM in Department E
Case Management Conference (Conference-Case Management; Trial and Conference Set) –

10/05/2016 at 08:30 am in Department NCGE, Laura A. Matz, Presiding
Conference-Case Management – Trial and Conference Set

07/11/2016 at 08:30 AM in Department E
(Order to Show Cause; OSC Discharged) –

07/11/2016 at 08:30 am in Department NCGE, Laura A. Matz, Presiding
Order to Show Cause (REGARDING FILING OF RESPONSIVEPLEADING) – OSC Discharged

06/10/2016 at 08:30 AM in Department E
Default Prove Up Hearing (Civil Default Prove Up Hearing; Court makes Order) –

06/10/2016 at 08:30 am in Department NCGE, Michael S. Mink, Presiding
Civil Default Prove Up Hearing (2. MOTION TO SET ASIDE DEFAULTAND TO ALLOW DEFENDANTS TO FILEA RESPONSIVE PLEADING) – Court makes Order

04/06/2016 at 08:30 AM in Department E
Case Management Conference – Not Held – Advanced and Vacated

03/02/2016 at 08:30 AM in Department E
(Order to Show Cause; OSC Discharged) –

03/02/2016 at 08:30 am in Department NCGE, Laura A. Matz, Presiding
Order to Show Cause (AS TO WHY PLAINTIFF SHOULD NOT BESANCTIONED FOR FAILURE TO COMPLYWITH RULE 3.110(G) CRC AS TOPRASHANT VAGHASHIA AND GOVINDVAGHASHIAM) – OSC Discharged

01/13/2016 at 08:30 AM in Department E
Unknown Event Type – Held – Continued

01/13/2016 at 08:30 am in Department NCGE, Laura A. Matz, Presiding
Order to Show Cause (AS TO WHY PLAINTIFF SHOULD NOT BESANCTIONED FOR FAILURE TO COMPLYWITH RULE 3.110(G) CRC AS TOPRASHANT VAGHASHIA AND GOVINDVAGHASHIAM2) CASE MANAGEMENT CONFERENCE) – Held-Continued

01/11/2016 at 08:30 AM in Department E
Case Management Conference (Conference-Case Management; Continued by Court) –

01/07/2016 at 08:30 AM in Department E
Case Management Conference (Conference-Case Management; Continued by Court) –

12/15/2015 at 08:30 AM in Department E
(Order to Show Cause; Court makes Order) –

12/15/2015 at 08:30 am in Department NCGE, Laura A. Matz, Presiding
Order to Show Cause (AS TO WHY PLAINTIFF SHOULD NOT BESANCTIONED FOR FAILURE TO COMPLYWITH RULE 3.110(B) CRC AS TODEFENDANT PRASHANT VAGHASHIA) – Court makes Order

11/30/2015 at 08:30 AM in Department E
Unknown Event Type – Held – Continued

11/30/2015 at 08:30 am in Department NCGE, Laura A. Matz, Presiding
Order to Show Cause (REGARDING FAILURE TO COMPLY WITHTRIAL COURT DELAY REDUCTION ACT) – Held-Continued

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 01/09/2018 10/28/2015

10/28/2015 at 08:30 AM in Department E
Unknown Event Type – Held – Continued

10/28/2015 at 08:30 am in Department NCGE, Laura A. Matz, Presiding
Order to Show Cause (RE FAILURE TO COMPLY WITH TRIALCOURT DELAY REDUCTION ACT) – Held-Continued

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 01/09/2018 10/28/2015

Register Of Actions
Case Information | Register Of Actions | FUTURE HEARINGS | PARTY INFORMATION | Documents Filed | Proceedings Held

Register of Actions (Listed in descending order)

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
06/29/2018 11/17/2017 02/22/2017 12/15/2015

09/23/2019 Notice (of Ruling)
Filed by GOVIND VAGHASHIA (Defendant)

09/19/2019 at 08:30 AM in Department E, Curtis A. Kin, Presiding
Status Conference (Regarding Appeal) – Held – Continued

09/19/2019 Minute Order ( (Status Conference Regarding Appeal))
Filed by Clerk

03/25/2019 at 09:00 AM in Department E, Curtis A. Kin, Presiding
Trial – Not Held – Vacated by Court

03/19/2019 at 08:30 AM in Department E, Curtis A. Kin, Presiding
Final Status Conference – Held

03/19/2019 Minute Order ( (Final Status Conference))
Filed by Clerk

03/19/2019 Certificate of Mailing for ([Minute Order (Final Status Conference)])
Filed by Clerk

02/01/2019 Notice of Case Reassignment and Order for Plaintiff to Give Notice
Filed by Clerk

01/28/2019 Notice of Case Reassignment and Order for Plaintiff to Give Notice
Filed by Clerk

11/20/2018 at 3:28 PM in Department E, Curtis A. Kin, Presiding
Ruling on Submitted Matter

11/20/2018 Certificate of Mailing for ([Minute Order (Ruling on Submitted Matter of the Motion of Defendant/Cross-C…)])
Filed by Clerk

11/20/2018 Minute Order ((Ruling on Submitted Matter of the Motion of Defendant/Cross-C…))
Filed by Clerk

11/20/2018 Certificate of Mailing for (Minute Order (Ruling on Submitted Matter of the Motion of Defendant/Cross-C…) of 11/20/2018)
Filed by Clerk

11/16/2018 at 08:30 AM in Department E, Curtis A. Kin, Presiding
Hearing on Motion – Other ((Legacy)) – Held – Taken under Submission

11/16/2018 Minute Order ((Legacy Event Type : Motion))
Filed by Clerk

10/12/2018 at 08:30 AM in Department E, Curtis A. Kin, Presiding
Hearing on Motion – Other ((Legacy)) – Not Held – Taken Off Calendar by Court

10/12/2018 Minute Order ((Legacy Event Type : Motion of Defendant/Cross-Complainant, Go…))
Filed by Clerk

10/12/2018 Minute order entered: 2018-10-12 00:00:00
Filed by Clerk

09/28/2018 Opposition (TO DEFENDANT’S MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT ON BEHALF OF DEFENDANT/CROSS-COMPLAINANT, GOVIND VAGHASHIA DBA QUALITY INN – BURBANK AIRPORT; DECLARATION OF ROBYN M. McKIBBIN, ESQ.)
Filed by Atty for Defendant and Cross-Compl

09/28/2018 Opposition
Filed by GOVIND VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

09/14/2018 at 08:30 AM in Department E
Unknown Event Type

09/14/2018 Minute order entered: 2018-09-14 00:00:00
Filed by Clerk

09/05/2018 Notice of Continuance

09/05/2018 Notice (OF CONTINUANCE OF MOTION TO STAY PENDING APPEAL OF DISQUALIFICATION )
Filed by Atty for Defendant and Cross-Compl

09/05/2018 Notice
Filed by GOVIND VAGHASHIA (Defendant)

09/04/2018 at 10:30 AM in Department E
Non-Appearance Case Review (Non-Appearance (Case Review); Court makes Order) –

09/04/2018 at 10:30 am in Department NCGE, Laura A. Matz, Presiding
Non-Appearance (Case Review) – Court makes Order

09/04/2018 Motion (FOR LEAVE TO FILE A X-COMPLAINT )
Filed by Attorney for Defendant

09/04/2018 Notice of Motion

09/04/2018 Minute order entered: 2018-09-04 00:00:00
Filed by Clerk

09/04/2018 Motion
Filed by PRASHANT VAGHASHIA (Defendant)

08/31/2018 at 2:30 PM in Department E
Non-Appearance Case Review (Non-Appearance (Case Review); Court makes Order) –

08/31/2018 at 02:30 pm in Department NCGE, Laura A. Matz, Presiding
Non-Appearance (Case Review) – Court makes Order

08/31/2018 Minute order entered: 2018-08-31 00:00:00
Filed by Clerk

08/24/2018 Designation of Record on Appeal
Filed by Attorney for Defendant

08/24/2018 APPELLANT’S NOTICE

08/24/2018 Designation of Record on Appeal
Filed by GOVIND VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

08/17/2018 at 08:30 AM in Department E
Unknown Event Type

08/17/2018 at 08:30 AM in Department E
(Motion; Off Calendar – Moving Party) –

08/17/2018 Minute order entered: 2018-08-17 00:00:00
Filed by Clerk

08/15/2018 Notice-Atty-Notice of Appeal
Filed by Clerk

08/15/2018 Notice of Motion (AND MOTION TO STAY PENDING APPEAL OF DISQUALIFICATION ORDER; MPA; DECLARATION OF ROBYN M. McKIBBIN, ESQ. )
Filed by Atty for Defendant and Cross-Compl

08/15/2018 Notice of Motion

08/15/2018 Notice of Motion
Filed by GOVIND VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

08/14/2018 Notice of Appeal
Filed by GOVIND VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

08/14/2018 Notice of Appeal
Filed by Attorney for Deft/Respnt

08/09/2018 at 08:30 AM in Department E
Status Conference (Status Conference; Trial and Conference Set) –

08/09/2018 at 08:30 am in Department NCGE, Laura A. Matz, Presiding
Status Conference (ON NEW COUNSEL FOR DEFENDANTGOVIND VAGHASHIA AND TO DETERMINETHE STATUS AND SETTING OF THEMOTION SET FOR JUNE 29, 2018 ANDFURTHER CASE MANAGEMENT CONFERENCE) – Trial and Conference Set

08/09/2018 Minute order entered: 2018-08-09 00:00:00
Filed by Clerk

07/19/2018 Request For Copies

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 06/29/2018 11/17/2017 02/22/2017 12/15/2015

06/29/2018 at 08:30 AM in Department E
Unknown Event Type – Not Held – Advanced and Vacated

06/29/2018 Minute order entered: 2018-06-29 00:00:00
Filed by Clerk

06/22/2018 at 08:30 AM in Department E
(Motion; Court makes Order) –

06/22/2018 at 08:30 am in Department NCGE, Other District Judge, Presiding
Motion (TO DISQUALIFY COUNSEL2) TRIAL SETTING CONFERENCE) – Court makes Order

06/22/2018 Minute order entered: 2018-06-22 00:00:00
Filed by Clerk

06/18/2018 Motion (FOR PROTECTIVE ORDER )
Filed by Atty for Defendant and Cross-Compl

06/18/2018 Opposition
Filed by GOVIND VAGHASHIA (Defendant)

06/18/2018 Opposition (FOR LEAVE TO FILE A CROSS-COMP )
Filed by Atty for Defendant and Cross-Compl

06/18/2018 Motion
Filed by GOVIND VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

06/11/2018 Declaration (OF ROBYN M. MCKIBBIN IN SUPPORT OF OPPOSITION )
Filed by Atty for Defendant and Cross-Compl

06/11/2018 Opposition (TO MOTION TO DISQUALIFY COUNSEL )
Filed by Atty for Defendant and Cross-Compl

06/11/2018 Opposition
Filed by GOVIND VAGHASHIA (Defendant)

06/11/2018 Declaration
Filed by GOVIND VAGHASHIA (Defendant)

06/08/2018 at 08:30 AM in Department E
Hearing on Motion to Strike ((Off Calendar – Moving Party)) –

06/08/2018 Minute order entered: 2018-06-08 00:00:00
Filed by Clerk

06/07/2018 Request (MISCELLANEOUS COPIES )
Filed by Interested Party

06/07/2018 Request
Filed by Interested Party

05/29/2018 at 09:00 AM in Department E
Unknown Event Type – Not Held – Advanced and Vacated

05/22/2018 at 08:30 AM in Department E
Final Status Conference – Not Held – Advanced and Vacated

05/02/2018 at 08:30 AM in Department E
Ex-Parte Proceedings (Ex Parte Motion; Court makes Order) –

05/02/2018 at 08:30 am in Department NCGE, Other District Judge, Presiding
Ex-parte Motion – Court makes Order

05/02/2018 Ex-Parte Application (FOR AN ORDER SHORTENING TIME FOR HEARING ON DEFENDANT’S MOTION TO DISQUALIFY COUNSEL AND MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES AND SUPPORTING DECLARA)
Filed by Attorney for Defendant

05/02/2018 Ex-Parte Application
Filed by PRASHANT VAGHASHIA (Defendant)

05/02/2018 Minute order entered: 2018-05-02 00:00:00
Filed by Clerk

05/01/2018 Opposition (TO EX-PARTE APPLICATION TO SHORTEN TIME: DECLARATION OF ROBYN M. McKIBBIN )
Filed by Atty for Defendant and Cross-Compl

05/01/2018 Opposition
Filed by GOVIND VAGHASHIA (Defendant)

04/30/2018 Motion in Limine (#4 to preclude evidence of or reference to non-party Rakesh Kothati’s unrelated lawsuit against him.)
Filed by GOVIND VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

04/30/2018 Declaration (of Robyn M. McKibbin, Esq. in support of defendant/cross-complainant’s motion in limine # 1 through 4.)
Filed by GOVIND VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

04/30/2018 Motion in Limine (# 1 to preclude evidence of or reference to an alleged employment agreement)
Filed by GOVIND VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

04/30/2018 Motion in Limine (# 2 to preclude testimony and evidence from plaintiff/cross-defendant’s expert witness, Michael N. Wakshull)
Filed by GOVIND VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

04/30/2018 Motion in Limine (#3 to preclude evidence of or reference to defendant, Prashant Vaghashia’s unrelated lawsuit against him.)
Filed by GOVIND VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

04/27/2018 Motion
Filed by PRASHANT VAGHASHIA (Defendant)

04/27/2018 Motion (FOR LEAVE TO FILE CROSS-COMPLAINT )
Filed by Attorney for Defendant

04/27/2018 Motion
Filed by PRASHANT VAGHASHIA (Defendant)

04/27/2018 Motion (TO DISQUALIFY COUNSEL )
Filed by Attorney for Defendant

04/13/2018 Substitution of Attorney
Filed by PRASHANT VAGHASHIA (Defendant)

04/13/2018 Substitution of Attorney
Filed by Attorney for Defendant

04/12/2018 at 08:30 AM in Department E
Ex-Parte Proceedings (Ex Parte Motion; Denied) –

04/12/2018 at 08:30 am in Department NCGE, Other District Judge, Presiding
Ex-parte Motion (FOR AN ORDER TO SHORTEN TIME, ORIN THE ALTERNATIVE, TO SPECIALLYSET THE HEARING ON HIS MOTION TOSTRIKE PORTIONS OF HIS DEPOSITIONTESTIMONY) – Denied

04/12/2018 Ex-Parte Application (FOR AN ORDER TO SHORTEN TIME, OR IN THE ALTERNATIVE, TO SPECIALLY SET THE HEARING ON HIS MOTION TO STRIKE PORTIONS OF HIS DEPOSITION TESTIMONEY; DECLARATION OF ROBYN M. MCKIBBIN, ESQ.)
Filed by Atty for Defendant and Cross-Compl

04/12/2018 Minute order entered: 2018-04-12 00:00:00
Filed by Clerk

04/12/2018 Ex-Parte Application
Filed by GOVIND VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

04/11/2018 Motion to Strike
Filed by GOVIND VAGHASHIA (Defendant)

04/11/2018 Motion to Strike (PORTIONS OF DEPOSITION TESTIMONY )
Filed by Atty for Defendant and Cross-Compl

03/26/2018 Request
Filed by Interested Party

03/26/2018 Request (MISCELLANEOUS COPIES )
Filed by Interested Party

03/12/2018 Notice of Ruling
Filed by GOVIND VAGHASHIA (Defendant)

03/12/2018 Notice of Ruling
Filed by Atty for Defendant and Cross-Compl

03/02/2018 at 08:30 AM in Department E
Hearing on Motion to Compel ((Court makes Order)) –

03/02/2018 at 08:30 am in Department NCGE, Other District Judge, Presiding
Motion to Compel – Court makes Order

03/02/2018 Minute order entered: 2018-03-02 00:00:00
Filed by Clerk

01/16/2018 at 09:00 AM in Department E
(Trial; Continued) –

01/09/2018 at 08:30 AM in Department E
Final Status Conference (Final Status Conference; Continued) –

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 06/29/2018 11/17/2017 02/22/2017 12/15/2015

11/17/2017 Request (COPY OF AMENDED COMPLAINT )
Filed by Interested Party

11/17/2017 Request
Filed by Interested Party

11/13/2017 Notice (OF POSTING JURY FEES )
Filed by Atty for Plaintiff and Cross-Deft

11/13/2017 Notice
Filed by VIPULKUMAR PATEL (Plaintiff)

11/09/2017 at 1:30 PM in Department E
Non-Appearance Case Review (Non-Appearance (Case Review); Court makes Order) –

11/09/2017 at 01:30 pm in Department NCGE, Laura A. Matz, Presiding
Non-Appearance (Case Review) – Court makes Order

11/09/2017 Minute order entered: 2017-11-09 00:00:00
Filed by Clerk

11/02/2017 Notice of Rejection – Fax Filing

10/20/2017 at 08:30 AM in Department E
Hearing on Motion to Compel ((Continued)) –

10/20/2017 at 08:30 AM in Department E
(Motion; Off Calendar – Moving Party) –

10/20/2017 Minute order entered: 2017-10-20 00:00:00
Filed by Clerk

10/19/2017 Notice (of New Hearing Date RE Defendant’s Motion to Compel Responses to Request for Production of Documents, Set Two)

10/19/2017 Notice (OF NEW HEARING DATE RE DEFENDANT’S MOTION TO COMPEL VERIFIED RESPONSES TO FORM INTERROGATOREIS )
Filed by Atty for Defendant and Cross-Compl

10/19/2017 Notice
Filed by GOVIND VAGHASHIA (Defendant)

10/13/2017 Reply
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

10/13/2017 Reply
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

10/13/2017 Reply (AND NOTICE OF NO OPPOSITION )
Filed by Attorney for Defendant

09/08/2017 Notice
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

09/08/2017 Notice
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

09/08/2017 Notice (OF TAKING MOTION TO COMPEL VERIFIED RESPONSES TO SPECIAL INTERROGATORIES (170825245849) )
Filed by Attorney for Defendant

09/08/2017 Notice (OF TAKING MOTION TO HAVE REQUEST DEEMED ADMITTED OFF CALENDAR (170825245851) )
Filed by Attorney for Defendant

08/28/2017 Motion to Compel (RESPONSES TO SPECIAL INTERROGATORIES AND REQUEST FOR SANCTIONS )
Filed by Atty for Defendant and Cross-Compl

08/28/2017 Motion to Compel
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

08/28/2017 Motion
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

08/28/2017 Separate Statement
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

08/28/2017 Notice to Compel and Motion to Compel
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

08/28/2017 Notice to Motion and Motion to Deemed Admissions
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

08/28/2017 Motion to Compel (RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR SANCTIONS )
Filed by Atty for Defendant and Cross-Compl

08/28/2017 Motion to Compel (RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS SET TWO, REQUEST FOR SANCTIONS )
Filed by Atty for Defendant and Cross-Compl

08/28/2017 Motion (FOR DEEMED ADMISSIONS, OR IN THE ALTERNATIVE, FOR VERIFIED RESPON- SES TO REQUEST FOR ADMISSION; REQUEST FOR SANCTIONS )
Filed by Atty for Defendant and Cross-Compl

08/28/2017 Separate Statement
Filed by Atty for Defendant and Cross-Compl

06/05/2017 at 09:00 AM in Department E
(Trial; Continued) –

05/30/2017 at 08:30 AM in Department E
Final Status Conference (Final Status Conference; Continued) –

05/15/2017 at 08:30 AM in Department E
Ex-Parte Proceedings – Held – Motion Granted

05/15/2017 at 08:30 am in Department NCGE, Laura A. Matz, Presiding
Ex-parte Motion (FOR AN ORDER TO CONTINUE TRIALDATE AND ALL CORRESPONDING DATES) – Granted

05/15/2017 Minute order entered: 2017-05-15 00:00:00
Filed by Clerk

05/12/2017 at 08:30 AM in Department Legacy
Ex-Parte Proceedings (Ex Parte Motion; Continued) –

05/12/2017 at 08:30 am in Department GLNOTH, Other District Judge, Presiding
Ex-parte Motion (FOR AN ORDER TO CONTINUE TRIALDATE AND ALL CORRESPONDINGDATES) – Continued

05/12/2017 Minute order entered: 2017-05-12 00:00:00
Filed by Clerk

05/11/2017 Ex-Parte Application (FOR AN ORDER TO CONTINUE TRIAL DATE AND ALL CORRESPONDING DATES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MANDEEP S. RUPAL; AND DECLARATION OF ROBYN M. MCKIBBIN)
Filed by Attorney for Plaintiff

05/11/2017 Ex-Parte Application
Filed by VIPULKUMAR PATEL (Plaintiff)

04/26/2017 at 1:30 PM in Department E
Non-Appearance Case Review (Non-Appearance (Case Review); Court makes Order) –

04/26/2017 at 01:30 pm in Department NCGE, Laura A. Matz, Presiding
Non-Appearance (Case Review) – Court makes Order

04/26/2017 Stipulation (TO CONTINUE TRIAL, FINAL STATUS CONFERENCE AND RELATED DISCOVERY AND MOTION CUT-OFF DATES; [PROPOSED] ORDER *DENIED* )
Filed by Atty for Defendant and Cross-Compl

04/26/2017 Minute order entered: 2017-04-26 00:00:00
Filed by Clerk

04/26/2017 Stipulation
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

03/28/2017 Request For Copies

03/24/2017 Answer to First Amended Complaint
Filed by Atty for Defendant and Cross-Compl

03/24/2017 Answer to First Amended Complaint
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

03/13/2017 Answer to Cross-Complaint
Filed by VIPULKUMAR PATEL (Plaintiff)

03/13/2017 Answer to Cross-Complaint
Filed by Attorney for Plaintiff

03/02/2017 at 2:30 PM in Department E
Non-Appearance Case Review (Non-Appearance (Case Review); Court makes Order) –

03/02/2017 at 02:30 pm in Department NCGE, Laura A. Matz, Presiding
Non-Appearance (Case Review) – Court makes Order

03/02/2017 Minute order entered: 2017-03-02 00:00:00
Filed by Clerk

02/28/2017 Notice-Related Cases (RELATED TO EC063305 )
Filed by Attorney for Defendant

02/28/2017 Notice of Related Case
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 06/29/2018 11/17/2017 02/22/2017 12/15/2015

02/22/2017 at 4:30 PM in Department E
Non-Appearance Case Review

02/22/2017 Stipulation (JOINT STIPULATION GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT )
Filed by Attorney for Defendant

02/22/2017 Minute order entered: 2017-02-22 00:00:00
Filed by Clerk

02/22/2017 Cross-Compl fld- No Summons Issued
Filed by Atty for Defendant and Cross-Compl

02/22/2017 Cross-Compl fld- No Summons Issued
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant); QUALITY INN – BURBANK AIRPORT (Defendant)

02/22/2017 Stipulation
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

02/03/2017 Summons Filed
Filed by Attorney for Plaintiff

02/03/2017 First Amended Complaint
Filed by VIPULKUMAR PATEL (Plaintiff)

02/03/2017 Summons (on Complaint)
Filed by VIPULKUMAR PATEL (Plaintiff)

02/03/2017 First Amended Complaint
Filed by Attorney for Plaintiff

10/05/2016 at 08:30 AM in Department E
Case Management Conference (Conference-Case Management; Trial and Conference Set) –

10/05/2016 at 08:30 am in Department NCGE, Laura A. Matz, Presiding
Conference-Case Management – Trial and Conference Set

10/05/2016 Minute order entered: 2016-10-05 00:00:00
Filed by Clerk

09/29/2016 Case Management Statement
Filed by VIPULKUMAR PATEL (Plaintiff)

09/27/2016 Statement-Case Management
Filed by Attorney for Defendant

09/27/2016 Case Management Statement
Filed by VIPULKUMAR PATEL (Plaintiff)

09/26/2016 Statement-Case Management
Filed by Attorney for Plaintiff

07/11/2016 at 08:30 AM in Department E
(Order to Show Cause; OSC Discharged) –

07/11/2016 at 08:30 am in Department NCGE, Laura A. Matz, Presiding
Order to Show Cause (REGARDING FILING OF RESPONSIVEPLEADING) – OSC Discharged

07/11/2016 Minute order entered: 2016-07-11 00:00:00
Filed by Clerk

06/15/2016 Answer
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

06/15/2016 Answer
Filed by Attorney for Defendant

06/15/2016 Notice of Ruling
Filed by Attorney for Defendant

06/15/2016 Notice of Ruling
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

06/10/2016 at 08:30 AM in Department E
Default Prove Up Hearing (Civil Default Prove Up Hearing; Court makes Order) –

06/10/2016 at 08:30 am in Department NCGE, Michael S. Mink, Presiding
Civil Default Prove Up Hearing (2. MOTION TO SET ASIDE DEFAULTAND TO ALLOW DEFENDANTS TO FILEA RESPONSIVE PLEADING) – Court makes Order

06/10/2016 Minute order entered: 2016-06-10 00:00:00
Filed by Clerk

06/06/2016 Substitution of Attorney
Filed by VIPULKUMAR PATEL (Plaintiff)

06/06/2016 Substitution of Attorney
Filed by Attorney for Plaintiff

06/03/2016 Reply (AND NOTICE OF NO OPPOSITION )
Filed by Attorney for Defendant

06/03/2016 Reply
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

05/19/2016 Notice (OF ERRATA )
Filed by Attorney for Defendant

05/19/2016 Notice
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant); MITA VAGHASHIA (Defendant)

05/17/2016 Miscellaneous-Other
Filed by Defendant

05/17/2016 Miscellaneous-Other (CIVIL DEPOSIT )
Filed by Attorney for Defendant

05/13/2016 Motion to Set Aside
Filed by GOVIND VAGHASHIA (Defendant); PRASHANT VAGHASHIA (Defendant)

05/13/2016 Motion to Set Aside (DEFAULT AND TO ALLOW DEFENDANTS TO FILE A RESPONSIVE PLEADING )
Filed by Attorney for Defendant

04/06/2016 at 08:30 AM in Department E
Case Management Conference – Not Held – Advanced and Vacated

03/02/2016 at 08:30 AM in Department E
(Order to Show Cause; OSC Discharged) –

03/02/2016 at 08:30 am in Department NCGE, Laura A. Matz, Presiding
Order to Show Cause (AS TO WHY PLAINTIFF SHOULD NOT BESANCTIONED FOR FAILURE TO COMPLYWITH RULE 3.110(G) CRC AS TOPRASHANT VAGHASHIA AND GOVINDVAGHASHIAM) – OSC Discharged

03/02/2016 Minute order entered: 2016-03-02 00:00:00
Filed by Clerk

02/25/2016 Request for Entry of Default / Judgment
Filed by VIPULKUMAR PATEL (Plaintiff)

02/25/2016 Partial Dismissal
Filed by VIPULKUMAR PATEL (Plaintiff)

02/25/2016 Partial Dismissal (WITHOUT PREJUDICE DOES 1-20, ONLY )
Filed by Attorney for Plaintiff

02/25/2016 Default Entered (VACATED AND SET ASIDE PER COURT ORDER ON JUNE 10, 2016 )
Filed by Attorney for Plaintiff

02/25/2016 Request for Entry of Default
Filed by Attorney for Plaintiff

02/25/2016 Default Entered
Filed by VIPULKUMAR PATEL (Plaintiff)

01/13/2016 at 08:30 AM in Department E
Unknown Event Type – Held – Continued

01/13/2016 at 08:30 am in Department NCGE, Laura A. Matz, Presiding
Order to Show Cause (AS TO WHY PLAINTIFF SHOULD NOT BESANCTIONED FOR FAILURE TO COMPLYWITH RULE 3.110(G) CRC AS TOPRASHANT VAGHASHIA AND GOVINDVAGHASHIAM2) CASE MANAGEMENT CONFERENCE) – Held-Continued

01/13/2016 Minute order entered: 2016-01-13 00:00:00
Filed by Clerk

01/11/2016 at 08:30 AM in Department E
Case Management Conference (Conference-Case Management; Continued by Court) –

01/07/2016 at 08:30 AM in Department E
Case Management Conference (Conference-Case Management; Continued by Court) –

Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
TOP 06/29/2018 11/17/2017 02/22/2017 12/15/2015

12/15/2015 at 08:30 AM in Department E
(Order to Show Cause; Court makes Order) –

12/15/2015 at 08:30 am in Department NCGE, Laura A. Matz, Presiding
Order to Show Cause (AS TO WHY PLAINTIFF SHOULD NOT BESANCTIONED FOR FAILURE TO COMPLYWITH RULE 3.110(B) CRC AS TODEFENDANT PRASHANT VAGHASHIA) – Court makes Order

12/15/2015 Minute order entered: 2015-12-15 00:00:00
Filed by Clerk

12/08/2015 Proof of Service (not Summons and Complaint)
Filed by VIPULKUMAR PATEL (Plaintiff)

12/08/2015 Proof of Service
Filed by Attorney for Plaintiff

12/08/2015 Proof of Service (not Summons and Complaint)
Filed by VIPULKUMAR PATEL (Plaintiff)

11/30/2015 at 08:30 AM in Department E
Unknown Event Type – Held – Continued

11/30/2015 at 08:30 am in Department NCGE, Laura A. Matz, Presiding
Order to Show Cause (REGARDING FAILURE TO COMPLY WITHTRIAL COURT DELAY REDUCTION ACT) – Held-Continued

11/30/2015 Minute order entered: 2015-11-30 00:00:00
Filed by Clerk

11/25/2015 Partial Dismissal
Filed by VIPULKUMAR PATEL (Plaintiff)

11/25/2015 Partial Dismissal (WITHOUT PREJUDICE COMPLAINT AS TO SONAL VAGHASHIA, SUNDEEP VAGHA- SHIA, BURBANK TRAVELODGE, QUALITY INN-CAMARILLO, MITA VAGHASHIA AND QUALITY INN – BURBANK AIRPORT )
Filed by Attorney for Plaintiff

11/16/2015 Proof-Service/Summons
Filed by Attorney for Plaintiff

11/16/2015 Proof of Personal Service (served to Prashant Vaghashia)
Filed by VIPULKUMAR PATEL (Plaintiff)

11/16/2015 Proof-Service/Summons
Filed by VIPULKUMAR PATEL (Plaintiff)

11/16/2015 Proof-Service/Summons
Filed by VIPULKUMAR PATEL (Plaintiff)

10/28/2015 at 08:30 AM in Department E
Unknown Event Type – Held – Continued

10/28/2015 at 08:30 am in Department NCGE, Laura A. Matz, Presiding
Order to Show Cause (RE FAILURE TO COMPLY WITH TRIALCOURT DELAY REDUCTION ACT) – Held-Continued

10/28/2015 Minute order entered: 2015-10-28 00:00:00
Filed by Clerk

08/14/2015 Summons Filed

08/14/2015 Complaint filed-Summons Issued

08/14/2015 Civil Case Cover Sheet

08/14/2015 Notice of Case Assignment – Unlimited Civil Case

08/14/2015 Notice of Case Management Conference

08/14/2015 Notice of Order to Show Cause Re Failure to Comply with Trial Court Delay Reduction Act

08/14/2015 Complaint filed-Summons Issued
Filed by null

08/14/2015 Summons (on Complaint)
Filed by null

MICHAEL IRVING vs. RAFAELA NUNEZ case docket

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Case Information

18-CIV-05988 | MICHAEL IRVING vs. RAFAELA NUNEZ, et al

Case Number
18-CIV-05988

Court
Civil Unlimited

File Date
11/05/2018

Case Type
(22) Unlimited Auto

Case Status
Active

Party
Plaintiff
IRVING, MICHAEL

Active Attorneys

Lead Attorney
ACKERMAN, WHITNEY D.
Retained

Defendant
NUNEZ, RAFAELA

Defendant
DOES 1 TO 25, INCLUSIVE

Cause of Action

File Date
Cause of Action
Type
Filed By
Filed Against
11/05/2018 Complaint Action IRVING, MICHAEL
NUNEZ, RAFAELA
Disposition Events
10/04/2019 Judgment

Judgment Type
Dismissal – With Prejudice

Party

Names: IRVING, MICHAEL

NUNEZ, RAFAELA

DOES 1 TO 25, INCLUSIVE

Comment: ENTIRE ACTION

Events and Hearings

11/05/2018 New Filed Case

11/05/2018 Complaint

Complaint

11/05/2018 Civil Case Cover Sheet

Civil Case Cover Sheet

11/05/2018 Summons Issued / Filed

Summons Issued / Filed

11/05/2018 Notice of Case Management Conference

Notice of Case Management Conference

11/05/2018 Cause Of Action

Action
ComplaintFile Date
11/05/2018
01/30/2019 Motion

Motion TO BE RELIEVED AS COUNSEL-CIVIL

Comment
TO BE RELIEVED AS COUNSEL-CIVIL
01/30/2019 Declaration in Support

Declaration in Support OF ATTORNEY’S MOTION TO BE RELIEVED AS COUNSEL-CIVIL

Comment
OF ATTORNEY’S MOTION TO BE RELIEVED AS COUNSEL-CIVIL
01/30/2019 Proposed Order Received

Proposed Order Received GRANTING ATTORNEY’S MOTION TO BE RELIEVED AS COUNSEL-CIVIL

Comment
GRANTING ATTORNEY’S MOTION TO BE RELIEVED AS COUNSEL-CIVIL
03/04/2019 Notice of Case Management Conference

Notice of Case Management Conference CMC 5/23/19

Comment
CMC 5/23/19
03/06/2019 Declaration of Non-Service

Declaration of Non-Service


03/22/2019 Motion to be Relieved as Counsel

~CIV Minute Order – Motion to be Relieved as Counsel 03/22/2019

Judicial Officer
Greenberg, Susan

Hearing Time
9:00 AM

Result
Held

05/01/2019 Ex Parte Fee Paid

05/01/2019 Ex Parte Application

Ex Parte Application FOR SUBSTITUTED SERVICE; ETC.. REV JT.

Comment
FOR SUBSTITUTED SERVICE; ETC.. REV JT.
05/01/2019 Order

Order Type: PLAINTIFF’S ORDER Signed by: JUDGE GREENBERG Date Signed: 5/1/19 REV JT

Comment
Type: PLAINTIFF’S ORDER Signed by: JUDGE GREENBERG Date Signed: 5/1/19 REV JT
05/07/2019 Notice of Motion and Motion to be Relieved as Counsel

Notice of Motion and Motion to be Relieved as Counsel

05/07/2019 Proposed Order Received

Proposed Order Received GRANTING ATTORNEY’S MOTION TO BE RELIVED AS COUNSEL

Comment
GRANTING ATTORNEY’S MOTION TO BE RELIVED AS COUNSEL
05/07/2019 Case Management Statement

Case Management Statement CMC 5/23

Comment
CMC 5/23
05/17/2019 Notice of Case Management Conference

Notice of Case Management Conference CMC 8/22/19

Comment
CMC 8/22/19

06/27/2019 Motion to be Relieved as Counsel

~CIV Minute Order – Motion to be Relieved as Counsel 06/27/2019

Judicial Officer
Greenberg, Susan

Hearing Time
9:00 AM

Result
Held

06/27/2019 Tentative ruling adopted and becomes order:

Comment
MOTION TO BE RELIEVED AS COUNSEL BY WHITNEY D. ACKERMAN The motion to be relieved as counsel of record is denied without prejudice for lack of proof that it was served in compliance with CRC 3.1362(d) and CCP 1005. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.
07/24/2019 Notice of Motion and Motion to be Relieved as Counsel

Notice of Motion and Motion to be Relieved as Counsel WHITNEY ACKERMAN FOR PLAINTIFF IRVING

Comment
WHITNEY ACKERMAN FOR PLAINTIFF IRVING
07/24/2019 Declaration in Support

Declaration in Support OF MOTION TO BE RELIEVED AS COUNSEL

Comment
OF MOTION TO BE RELIEVED AS COUNSEL
07/24/2019 Proposed Order Received

Proposed Order Received GRANTING MOTION

Comment
GRANTING MOTION
07/29/2019 Notice of Case Management Conference

Notice of Case Management Conference CMC 10/24/19

Comment
CMC 10/24/19
08/27/2019 Proof of Service by PERSONAL SERVICE of

Proof of Service by PERSONAL SERVICE of NOTICE OF MOTION TO BE RELIEVED AS COUNSEL served on SEE SER

Comment
NOTICE OF MOTION TO BE RELIEVED AS COUNSEL served on SEE SERVICE LIST
08/27/2019 Proof of Service by MAIL of

Proof of Service by MAIL of MOTION TO BE RELIEVED AS COUNSEL served on SEE SERVICE LIST

Comment
MOTION TO BE RELIEVED AS COUNSEL served on SEE SERVICE LIST

09/12/2019 Motion to be Relieved as Counsel

~CIV Minute Order – Motion to be Relieved as Counsel 09/12/2019

Judicial Officer
Davis, III, Leland

Hearing Time
9:00 AM

Result
Held

Comment
WHITNEY ACKERMAN FOR PLAINTIFF IRVING

09/12/2019 Tentative ruling adopted and becomes order:

Comment
WHITNEY D. ACKERMAN’S MOTION TO BE RELIEVED AS COUNSEL. The motion to be relieved as counsel is DENIED without prejudice for lack of proof that it was served in compliance with CRC 3.1362(d) and CCP 1005. On May 5, the court entered an order providing that “The Court, having read and considered Plaintiff’s attorney’s moving papers and the court’s record on the above captioned matter grants Plaintiff’s attorney’s request to serve Plaintiff himself pursuant to CCP 1011 et seq.” Counsel, however, has not provided code-compliant proof of service indicating that Plaintiff Michael Irving was served by mail or substitute service. Counsel has filed two documents entitled “Proof of Service.” The first proof of service contains no facts, and is a photocopy of a certified mail receipt signed by someone other than the addressee. Notably, the proof of service contains no facts indicating what was mailed, whether it was mailed, and whether the return receipt was received by counsel. The second proof of service indicates that Hosea Irving was served as “Person in Charge Of Office” at Plaintiff’s last known address, 111 Hazel Ave in Redwood City. The declaration indicates, however, that service was made at 8:39 p.m. This contradicts the declaration that “Service was made . . . between the hours of eight in the morning and six in the afternoon.” More significantly, it contradicts CCP 1011, which provides that “Any attempt of service upon a party at the party’s residence shall be made between the hours of 8 a.m. and 8 p.m.” If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.
10/04/2019 Request For Dismissal

Request For Dismissal With Prejudice ENTIRE ACTION

Comment
With Prejudice ENTIRE ACTION

10/24/2019 Case Management Conference

Judicial Officer
Grandsaert, John L.

Hearing Time
9:00 AM

Cancel Reason
Request for Dismissal

Financial

IRVING, MICHAEL

Total Financial Assessment$765.00
Total Payments and Credits$765.00
11/5/2018 Transaction Assessment $435.00
11/7/2018 Case Payment Receipt # 2018-072750-HOJ ONE LEGAL LLC ($435.00)
2/1/2019 Transaction Assessment $90.00
2/1/2019 Case Payment Receipt # 2019-007022-HOJ ONE LEGAL ($90.00)
5/1/2019 Transaction Assessment $60.00
5/1/2019 Case Payment Receipt # 2019-028964-HOJ ONE LEGAL ($60.00)
5/7/2019 Transaction Assessment $90.00
5/7/2019 Case Payment Receipt # 2019-030104-HOJ ONE LEGAL ($90.00)
7/24/2019 Transaction Assessment $90.00
7/24/2019 eFile Online Payment Receipt # 2019-046396-HOJ IRVING, MICHAEL ($90.00)
Documents

Notice of Case Management Conference

Summons Issued / Filed

Complaint

Civil Case Cover Sheet

Declaration in Support OF ATTORNEY’S MOTION TO BE RELIEVED AS COUNSEL-CIVIL

Motion TO BE RELIEVED AS COUNSEL-CIVIL

Proposed Order Received GRANTING ATTORNEY’S MOTION TO BE RELIEVED AS COUNSEL-CIVIL

Clerk’s Notice – Case Management Conference

Notice of Case Management Conference CMC 5/23/19

Declaration of Non-Service

~CIV Minute Order – Motion to be Relieved as Counsel 03/22/2019

Order Type: PLAINTIFF’S ORDER Signed by: JUDGE GREENBERG Date Signed: 5/1/19 REV JT

Ex Parte Application FOR SUBSTITUTED SERVICE; ETC.. REV JT.

Proposed Order Received GRANTING ATTORNEY’S MOTION TO BE RELIVED AS COUNSEL

Notice of Motion and Motion to be Relieved as Counsel

Case Management Statement CMC 5/23

Notice of Case Management Conference CMC 8/22/19

~CIV Minute Order – Motion to be Relieved as Counsel 06/27/2019

Notice of Motion and Motion to be Relieved as Counsel WHITNEY ACKERMAN FOR PLAINTIFF IRVING

Declaration in Support OF MOTION TO BE RELIEVED AS COUNSEL

Proposed Order Received GRANTING MOTION

Notice of Case Management Conference CMC 10/24/19

Proof of Service by PERSONAL SERVICE of NOTICE OF MOTION TO BE RELIEVED AS COUNSEL served on SEE SER

Proof of Service by MAIL of MOTION TO BE RELIEVED AS COUNSEL served on SEE SERVICE LIST

~CIV Minute Order – Motion to be Relieved as Counsel 09/12/2019

Request For Dismissal With Prejudice ENTIRE ACTION

Nicole Nagel vs. Tracy A. Westen attorneys fees motion

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Tentative Ruling

Judge Colleen Sterne
Department 5 SB-Anacapa
1100 Anacapa Street P.O. Box 21107 Santa Barbara, CA 93121-1107

CIVIL LAW & MOTION
Nicole Nagel, et al. v. Tracy A. Westen, et al.
Case No: 15CV01178
Hearing Date: Mon Oct 21, 2019 9:30

Nature of Proceedings: Motions re Attorney Fees

Nicole Nagel, et al., v. Tracy A. Westen, et al., #15CV01178, Judge Sterne

Hearing Date: October 21, 2019

Matters:

Motion for Award of Attorneys’ Fees to the Prevailing Party (Defendants Westen Family Group and Derek Westen)

Motion for Attorneys’ Fees (Defendant Peter Westen)

Motion for Attorneys’ Fees (Defendants Tracy Westen and Linda Lawson)

Attorneys:

For Plaintiffs: Paul J. Laurin, et al. (Barnes & Thornburg – Los Angeles); Jeffrey B. Valle, et al (Valle Makoff, LLP – Los Angeles)

For Defendants Tracy Westen and Linda Lawson: Ian M. Guthrie (Schley, Look & Guthrie)

For Defendants Westen Family Group and Derek Westen: Scott B. Campbell, et al. (Rogers, Sheffield & Campbell)

For Defendant Peter Westen: R. Chris Kroes, et al. (McCarthy & Kroes)

Tentative Ruling:

1. The court denies Westen Family Group, LLC, and Derek Westen’s Motion for Award of Attorneys’ Fees to the Prevailing Party.

2. The court denies defendant Peter Westen’s Motion for Attorneys’ Fees.

3. The court denies Tracy Westen and Linda Lawson’s Motion for Attorneys’ Fees.

Background: This action arose out of a dispute over defects in a home in Los Angeles that plaintiffs Nicole Nagel and ESY Investments, LLC, purchased from defendants Tracy Westen and Linda Lawson (“Westen and Lawson”) in June 2011. The parties arbitrated the dispute and, on August 5, 2013, plaintiffs were awarded $4.595 million in damages, contractual attorney fees and costs. On February 21, 2014, the Superior Court of Los Angeles County confirmed the award.

Plaintiffs brought his action against defendants Westen and Lawson; Westen Family Group, LLC; Derek Westen, individually and as trustee of the Westen Family Trust; and Peter K. Westen, individually and as trustee of the Westen 2010 Trust, for recovery of fraudulent transfers, conspiracy to commit fraudulent transfers, and aiding and abetting fraudulent transfers. After years of litigation, the court entered an order dismissing the entire action on July 9, 2019. On August 19 and September 23, 2019, the court heard motions to strike or tax defendants’ memoranda of costs. Now before the court are defendants’ motions for attorneys’ fees.

Motion for Attorneys’ Fees of Defendants Westen Family Group, LLC, and Derek Westen, individually and as trustee of the Westen Family Trust (collectively “WFG”):

WFG seeks attorneys’ fees totaling $3,242,485 pursuant to CCP § 685.040. Plaintiff Nagel opposes the motion.

1. Note on Pleadings: CRC 2.109 provides that the page numbering of papers filed in trial court “must begin with the first page and use only Arabic numerals (e.g., 1, 2, 3).” CRC 3.1110(c) provides the same for motion papers. Both parties violate this rule by not counting the first page and by either numbering tables with Roman numerals or leaving those pages unnumbered. This made it difficult for the court to locate pages in the electronically filed pleading that correspond to the pages listed in the table of contents. CRC 2.109 and 3.110(c) have been in effect since January 1, 2017. Not only must responsible counsel familiarize themselves with and follow applicable court rules, they should heed prior admonishments of this court in this case. See, e.g., the court’s July 18, 2018 order denying motion for summary judgment and/or summary adjudication. Perhaps these experienced lawyers should delegate pleading formatting to the more tech-savvy individuals at their firms.

2. Entitlement to Attorneys’ Fees Under CCP § 685.040:

CCP § 685.040 is part of the Enforcement of Judgments Law (“EJL”), Title 9 of Part 2 of the Code of Civil Procedure (CCP §§ 680.010, et seq.). It reads:

The judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney’s fees incurred in enforcing a judgment are not included in costs collectible under this title unless otherwise provided by law. Attorney’s fees incurred in enforcing a judgment are included as costs collectible under this title if the underlying judgment includes an award of attorney’s fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5.

The parties agree that the first sentence unambiguously provides costs only to judgment creditors. [Motion 2:22-23; Opposition 2:17-20] They differ as to the application of the remaining portion of the statute. WFG contends that the second and third sentences provide for attorney fees that are reciprocal and not limited to judgment creditors. Nagel contends that the second and third sentences of the statute explain in what circumstances attorneys’ fees incurred by the judgment creditor can be included as recoverable costs. The parties agree that this is a case of first impression.

“If the language contains no ambiguity, we presume the Legislature meant what it said, and the plain meaning of the statute governs. If, however, the statutory language is susceptible of more than one reasonable construction, we can look to legislative history in aid of ascertaining legislative intent.” People v. Robles, 23 Cal.4th 1106, 1111 (2000) [citations omitted].

WFG contends that the second and third sentences refer to attorney’s fees separate from the costs that a court must award a judgment creditor under the first sentence. WFG notes that the second and third sentences refer to when attorneys’ fees are collectible as costs “under this title” and not “under this section.” But WFG identifies no other EJL section under which attorney fees could be collectible costs. That is because there is none. WFG cites only a Law Revision Commission comment to CCP § 685.070 saying that CCP § 685.150 “defines costs broadly to include all types of expenditures in the collection process.” But neither CCP § 685.070 nor § 685.150 authorize recovery of costs by a party other than the judgment creditor.

WFG contends that the court should not read “judgment creditor” into the second and third sentences of the statute because it is a “settled axiom that when the drafters of a statute have employed a term in one place and omitted it in another, it should not be inferred where it has been excluded.” People v. Woodhead, 43 Cal.3d 1002, 1010 (1987). But the common operative term in all three sentences is “costs.” Under the EJL, collectible costs are those that a judgment creditor is entitled to in enforcing a judgment.

WFG argues that the third sentence of § 685.040 “says that attorneys’ fees are recoverable ‘pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5.’” [Reply 4:17-18] That is a misreading of the statute. Attorney fees are collectible costs based on the character of the underlying judgment, which must include an award of attorney’s fees to the judgment creditor pursuant to CCP § 1033.5(a)(10)(A).

The statute is clear and unambiguous. Any reference to attorney fees being collectible as costs under the EJL necessarily refers to the reasonable and necessary costs of enforcing a judgment that a judgment creditor is entitled to under § 685.040. WFG is not a judgment creditor.

The court’s finding that the statute is unambiguous is supported by the language of other statutes WFG offers in support of its argument. Civil Code § 1717(a) contains an express reciprocity provision: “the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney’s fees in addition to other costs.” Civil Code § 5975(c) expressly provides: “In an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney’s fees and costs.” These are examples of the Legislature providing for attorney fees to a prevailing party.

Civil Code § 3318 reads: “The detriment caused by the breach of a warranty of an agent’s authority, is deemed to be the amount which could have been recovered and collected from his principal if the warranty had been complied with, and the reasonable expenses of legal proceedings taken, in good faith, to enforce the act of the agent against his principal.” Fees are only recoverable by a person asserting breach of warranty of an agent’s authority, not a party defending such an action. “It is impossible to place [agents defending a breach of warranty of authority action] in the class of litigants entitled to legal fees under this statute.” Covenant Mutual Ins. Co. v. Young, 179 Cal.App.3d 318, 322 (1986).

When the Legislature drafts a statute providing for recovery by a prevailing party, it says that. When it provides for fees to one party, it says that. Here, the collectible costs, which include attorney fees, are costs recoverable by a judgment creditor, not a prevailing party, not a judgment debtor, and not a third party sued by the judgment creditor.

In Cardinale v. Miller, 222 Cal.App.4th 1020 (2014), the First District Court of Appeal held that § 685.040 permitted a trial court to award attorney fees to a judgment creditor who obtained a judgment against defendants for conspiring to engage in fraudulent transfers to avoid enforcement of the judgment creditor’s judgment against the judgment debtor. Id. at 1025-1026. The court held that the statute does not authorize recovery of fees only from a judgment debtor. The statute “imposes just ‘two requirements before a motion for an award of postjudgment attorney fees may be awarded as costs: (1) the fees must have been incurred to “enforce” a judgment; and (2) the underlying judgment had to include an award for attorney fees pursuant to [CCP § 1033.5(a)(10)(A)]….’” Id. at 1025 [citation omitted].

This authority does not support reading the statute to permit a defendant in a Uniform Fraudulent Transfer Act to recover fees under § 685.040, which only permits an award of attorney fees as part of a judgment creditor’s reasonable and necessary costs of enforcing a judgment. Importantly, costs incurred in the defense of a UFTA action do not satisfy the first of § 685.040’s two requirements, i.e., fees incurred to enforce a judgment. To provide that a prevailing party in a UFTA action is entitled to fees under 685.040 would graft an attorney fee authorization onto the UFTA, which is something the Legislature has not done. Id. at 1025.

Having determined that § 685.040 clearly and unambiguously authorizes costs, including attorney fees, to a judgment creditor, it is unnecessary to address WFG’s discussion of legislative history and public policy. These arguments may present reasons for the Legislature to change the statute. But they are not reasons to ignore the plain language of the statute.

3. Order: For the foregoing reasons, the court denies Westen Family Group, LLC, and Derek Westen’s Motion for Award of Attorneys’ Fees to the Prevailing Party.

Defendant Peter Westen’s Motion for Attorneys’ Fees:

Defendant Peter Westen (“Peter”) moves for an award of attorney fees totaling $924,656.05 and joins in WFG’s motion. Nagel opposes the motion.

The court first notes that the memorandum in support of the motion exceeds 10 pages and does not include a table of contents or table of authorities in violation of CRC 3.1113(f).

Peter incorporates the arguments of WFG, which the court has addressed above. Peter also argues that the term “enforcing” includes defending against enforcement, as it does in a number of statutes, and, therefore attorneys’ fees must be awarded to whichever party prevails. He refers to Civil Code §§ 5975(c) and 8558. Those statutes provide that “[i]n an action to enforce” payment of the claim stated in a bonded stop payment notice (§ 8858) and governing documents of a common interest development (§ 5975(c)), the prevailing party is entitled to reasonable attorney’s fees. But the use of the term “enforce” describes the type of action. It doesn’t mean that a defendant in the action is doing the enforcing. CCP § 685.040, on the other hand, provides that a judgment creditor is entitled to costs of enforcing a judgment.

The court denies defendant Peter Westen’s Motion for Attorneys’ Fees.

Defendants Tracy Westen and Linda Lawson’s Motion for Attorneys’ Fees:

Defendants Tracy Westen and Linda Lawson (“Westen and Lawson”) move for an award of fees in the amount of $490,940.39. Nagel opposes the motion. (Nagel’s pleading again runs afoul of CRC 2.109 and 3.1110(c).)

Westen and Lawson incorporate and adopt WFG’s arguments regarding CCP § 685.040, which the court has addressed above.

Westen and Lawson also argue that the Purchase and Sale Agreement under which Nagel was awarded fees in the underlying judgment authorizes fees to them in this action. The agreement provides for an award of attorney fees to the prevailing party in “any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement.” They contend the UFTA action arises out of the agreement.

In Chelios v. Kaye, 219 Cal.App.3d 75 (1990), the court held that post-judgment attorney fees were not recoverable under § 685.040 based on the attorney fee provision in the contract on which the plaintiffs obtained their judgment because “all of the prior contractual rights are merged into and extinguished by the monetary judgment, and thereafter the prevailing party has only those rights as are set forth in the judgment itself.” Id. at 80.

In response to the Chelios decision, the Legislature amended § 685.040, adding the third sentence to include attorney fees in collectible costs under that statute if attorney fees were included in the underlying judgment pursuant to CCP § 1033.5(a)(10)(A), which provides for inclusion of attorney fees in costs pursuant to contract, statute, or law. “The amendment did not abrogate Chelios’s holding that contractual rights merge into the judgment.” Gray1 CPB, LLC v. SCC Acquisitions, Inc., 233 Cal.App.4th 882, 890 (2015). “[T]he ‘judgment extinguishes all further contractual rights, including the contractual attorney fees clause.’ As a consequence, attorneys’ fees incurred to enforce such a judgment can only be recovered if there is express statutory authorization, such as is provided by section 685.040.” Cardinale v. Miller, supra, 222 Cal.App.4th at 1026.

Therefore, the right to fees in post-judgment matters is limited to the entitlement to fees as part of collectible costs under § 685.040. As discussed above, only a judgment creditor is entitled to those costs. The court denies Tracy Westen and Linda Lawson’s Motion for Attorneys’ Fees.


Matilde Orozco vs Oscar Avina

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Case Name: Matilde Orozco et al vs Oscar Avina et al
Case No.: 19CV342353

Motion to compel further responses to Form Interrogatories:

On September 20, 2019, Plaintiffs filed a motion to compel further responses to Form Interrogatories—General, Set One, Interrogatory Nos. 12.2-12.3, 14.2; Special Interrogatories Set One, Nos. 1 to 5; Plaintiffs’ Requests for Admission (Set One), Request Nos. 1-19; and Plaintiffs’ Request for Production of Documents (Set One), Request Nos. 3-4, 7-9,11-12, 14, 17, 19, 23-24, 26. Defendant Sunbelt Rentals, Inc. (Sunbelt) objected to some of the discovery, at least in part, because its employee Oscar Avina was facing criminal charges related to the accident in question. Defendants filed a motion seeking a stay of the civil action that was to be heard on August 27, 2019. As it happened, the criminal prosecution was resolved shortly before the hearing, and the motion was vacated as moot

Plaintiffs demanded that Sunbelt’s responses be served within ten days. Avina’s responses were served promptly, but Sunbelt’s client representative was out of the office and on his honeymoon, and was not available to respond within Plaintiffs’ unilaterally set deadline. Plaintiffs agreed to a brief extension (from September 6 to September 12). This motion was filed on September 20, 2019 even though Sunbelt had indicated that further responses would be served soon, and in fact supplemental responses were served on October 7, after the motion was filed.

On October 16, 2019, Plaintiffs submitted an ex parte application based on a stipulation to continue the hearing date, acknowledging that although amended responses were served, few responsive documents had been produced. The Court refused to continue the hearing, as the motion that was noticed did not seek to compel production of documents in any event, only written responses to the discovery, and an entirely new motion would need to be filed. The Court concluded that a continued motion was not appropriate, and meet and confer would be required before a new motion could be filed.

If a responding party provides discovery responses prior to hearing on a motion to compel, the responding party may claim that the motion is moot and should go off calendar. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 408-409.) The Sinaiko court recognized that the trial court is in the best position to determine whether action taken subsequent to the filing of a discovery motion renders that motion moot, in the exercise of its discretion and based on the circumstances of the particular case. The Court agrees that the motion is moot as responses were served after the motion was filed.

Plaintiffs’ counsel conceded that the motion was moot, but requested a hearing for the Court to address sanctions.

Sanctions

Plaintiffs requests monetary sanctions of $6,410, for time spent for meet and confer, preparation of the motion, and time spent to prepare a reply. Time spent for meet and confer and anticipated expenses are not compensable, and in this case no reply is necessary.

It is true that the Court has discretion to award sanctions even if a motion to compel is mooted by subsequent service of responses to discovery before the hearing on the motion, unless circumstances make the imposition of the sanction unjust. (See Cal. Rules of Court, rule 3.1030(a) [“The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though … the requested discovery was provided to the moving party after the motion was filed”]; Sinaiko Healthcare v. Pacific Healthcare, supra, 148 Cal.App.4th at pp. 404, 409.)

Here, the Court finds that the Plaintiff did not act with substantial justification and that the motion would have been unnecessary had Plaintiff accepted the offer of a brief extension to file to give Sunbelt time to communicate with the client representative who was on a honeymoon and serve supplemental responses. Instead, Plaintiffs reserved a hearing date before meet and confer had concluded, then claimed that it had to file the motion no later than September 20, 2019. Had the criminal case not resolved before the motion to stay was heard, the Court was inclined to grant that motion, at least for a period of time. This is not a case where Sunbelt completely ignored its obligations to respond to discovery, but instead responded to a significant amount of the discovery while objecting to those requests that implicated Avina’s criminal prosecution. Avina (represented by the same attorneys as Sunbelt) served supplemental responses on September 13, 2019, and it is apparent that Sunbelt’s counsel was acting in good faith. It is also apparent that filing this motion was not necessary in order to obtain Sunbelt’s responses to the discovery.

Accordingly, Plaintiff’s request for sanctions is DENIED.

Finally, the Court adopts for purposes of this case, and ORDERS all counsel to read and comply in all relevant respects with the Santa Clara County Bar Association Code of Professionalism, which has been adopted and approved by this Court. The Code of Professionalism is attached to the Local Rules of Court.

Spielbauer Law Office v Midland Funding, LLC

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Case Name: Spielbauer Law Office v Midland Funding, LLC et al
Case No.: 18CV339157

On July 5, 2019, the Court granted the Special Motion to Strike (Anti-SLAPP motion) filed by Defendants Midland Funding, LLC and Midland Credit Management (collectively “Midland”) against the complaint filed by Plaintiff Spielbauer Law Office (“Plaintiff”). In that complaint, Plaintiff claimed that Midland had interfered with his relationship with his client Melanie Barr, by settling Midlands’ claims against her without notifying Plaintiff about those discussions, even though Melanie Barr had confirmed in writing that she was no longer represented by Plaintiff.

Midland requests attorney fees of $42,278.50 for pursuing the Anti-SLAPP motion, and $5002.50 incurred to bring this motion for fees and costs, plus $6065 for preparation of the reply papers.
“[A] prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney’s fees and costs.” (Code Civ. Proc., § 425.16, subd. (c)(1).) When a defendant is only partially successful, he or she may ordinarily recover a reduced amount of fees and costs commensurate with his or her level of success. (See Jackson v. Yarbray (2009) 179 Cal.App.4th 75, 82.) Here, the Court granted the motion to strike the entire complaint and no allocation is required.

Plaintiff filed opposition to the motion, and Midland filed a reply, with a supplemental declaration detailing time spent on the reply for this motion. Plaintiff first argued the motion was premature, for reasons that appear to be some effort at reconsideration of the Court’s ruling on the Anti-SLAPP motion, which are not properly made here. The Court will not consider that argument, and declines to stay this motion until after the appeal that he has filed is concluded.

Plaintiff also objects to the amount sought, or even to any award of fees at all because of attorney fees awards in other cases in other counties, alleged general misconduct by Midland (that appears to be unrelated to the facts of this case), and Plaintiff’s argument that fees may be reduced or rejected outright if the Court concludes that the request is “unreasonable and inflated.” Plaintiff submitted a declaration by Kevin Sullivan in the nature of expert analysis, claiming among other things that Midland has a history of inflated fee requests, again citing to cases in other counties.

The Court sustains Midland’s objection to the Request for Judicial Notice, as the Consent Decree is not relevant to any issue to be decided by the Court. The Court also sustains the objections to the Declaration of Kevin Sullivan, on the grounds stated.

A trial court “assessing attorney fees begins with a touchstone or lodestar figure, based on the ‘careful compilation of the time spent and reasonable hourly compensation of each attorney…involved in the presentation of the case.’” (Christian Research Institute v. Alnor (2008) 165 Cal.App.4th 1315, 1321, quoting Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131–1132.) “The court tabulates the attorney fee touchstone, or lodestar, by multiplying the number of hours reasonably expended by the reasonable hourly rate prevailing in the community for similar work.” (Christian Research Institute, supra, 165 Cal.App.4th at p. 1321.)

Counsel to appear on the issue of the amount of attorney fees to be awarded.

James Li v. Weiping Xia

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Case Name: James Li v. Weiping Xia, et al.

Case No.: 18CV334462

[Plaintiff’s] Motion to Compel Further Responses to Form Interrogatory Nos. 2.5 and 2.6 and for Monetary Sanctions

Factual and Procedural Background

Defendant Weiping Xia (“Xia”) founded Han’s Technologies, Inc. (“HTI”) in 1997. (Complaint, ¶11.) HTI was in the business of exporting environmental technology related to water and waste treatment in California. (Complaint, ¶12.) In 2000, plaintiff James Li (“Li”) began working for HTI as Chief Financial Officer and Secretary and served on HTI’s board of directors. (Complaint, ¶13.) Plaintiff Li owns 22,000 shares of defendant HTI. (Complaint, ¶14.)

From 2000 to 2018, plaintiff Li worked for defendant HTI and frequently traveled to China on behalf of defendant HTI. (Complaint, ¶15.) Other than the first two years, plaintiff Li was never paid a salary for his work for defendant HTI. (Id.) During the time plaintiff Li worked for defendant HTI, defendant Xia served continuously as Chairman, controlling shareholder and director, and controlling officer of defendant HTI. (Complaint, ¶16.) Defendant Xia regularly abused and exceeded his authority as an officer of defendant HTI, acted without authorization by the board of directors, and intentionally disregarded demands made on him by the board of directors. (Complaint, ¶17.)

In 2002, defendant Xia created Western Water Company (“WWC”), a Samoan corporation, to hold and administer contracts on water treatment plants in China. (Complaint, ¶18.) Defendant HTI owned 100% of WWC. (Id.) In 2003, WWC formed Western Water Group (“WWG”) to engage in the business of constructing and operating water and waste water facilities in China. (Complaint, ¶19.) Since their inception until February 2018, defendant Xia served as Chairman, general manager, controlling shareholder and director, and controlling officer of WWC and WWG. (Complaint, ¶20.) From their inception until 2018, plaintiff Li also worked for WWC and WWG but was never paid a salary for his work for WWC and WWG. (Complaint, ¶21.)

On July 20, 2011, defendant Xia transferred all of HTI’s interest in WWC to Alpheus Management Limited (“Alpheus”), a British Virgin Islands corporation owned by defendant Xia. (Complaint, ¶22.) Alpheus did not pay HTI for the WWC shares. (Id.) Defendant Xia appointed his sister, Xian Nan Xia, as the sole shareholder and director of Alpheus. (Id.) On the same date, defendant Xia resigned as director of WWC. (Id.) Defendant Xia represented to HTI shareholders that the transfer of WWC shares from HTI to Alpheus was for tax purposes and that WWC was a wholly-owned subsidiary of HTI. (Complaint, ¶¶24 – 27.)

WWC, through WWG, became very successful, entering into long term contracts with municipalities to build and operate water and waste water facilities. (Complaint, ¶29.) In 2017, WWG’s annual revenue was approximately seventy million RMB (more than $10 million US dollars). (Complaint, ¶30.)

In the fall of 2017, defendant Xia informed plaintiff Li that he was in negotiations for the sale of WWC to Goldwind, a Chinese company. (Complaint, ¶31.) To facilitate the sale, plaintiff Li met with Goldwind at WWG facilities in China over several days in December 2017 to provide Goldwind with details about the operations of WWC. (Complaint, ¶32.) In December 2017, defendant Xia informed plaintiff Li that Goldwind agreed to purchase WWC for $660,000,000 RMB (approximately $100,000,000 US dollars). (Complaint, ¶33.) Defendant Xia informed plaintiff Li that HTI shareholders would receive proceeds from the sale of WWC. (Complaint, ¶34.) Defendant Xia told plaintiff Li to open a bank account in Hong Kong so he could wire plaintiff Li his respective share of the distribution from the proceeds of the WWC sale. (Id.)

Sale of WWC to Goldwind was finalized in January 2018 with the funds for purchase wired to Alpheus’s account. (Complaint, ¶35.) Alpheus did not distribute the proceeds from the WWC sale to any HTI shareholders. (Id.) When plaintiff Li expressed concern that he did not receive any proceeds from the WWC sale, defendant Xia wired $170,000 to plaintiff Li for the 18 years of service without salary in helping to develop WWC into a $100,000,000 company. (Complaint, ¶36.)

On September 6, 2018, plaintiff Li filed a complaint against defendants Xia and HTI asserting causes of action for:

(1) Actual Fraud
(2) Concealment Fraud
(3) Promissory Fraud
(4) Negligent Misrepresentation
(5) Breach of Fiduciary Duty
(6) Conversion
(7) Negligence
(8) Constructive Trust
(9) Unjust Enrichment
(10) Common Count
(11) Failure to Timely Pay Wages
(12) Waiting Time Penalties
(13) Violations of the Unfair Competition Law

On December 4, 2018, defendants Xia and HTI filed an answer to plaintiff Li’s complaint. HTI also filed a cross-complaint against Li asserting causes of action for:

(1) Conversion
(2) Money Had and Received
(3) False Promise
(4) Unjust Enrichment
(5) Trade Libel
(6) Intentional Interference with Prospective Economic Relations
(7) Violation of Business & Professions Code §17200 et seq.
(8) Declaratory Relief

On May 14, 2019, Li filed an answer to HTI’s cross-complaint.

Discovery Dispute

On January 16, 2019, plaintiff Li served defendant Xia, by e-mail, with Form Interrogatories—General (“FI”), Set One.

On May 23, 2019, defendant Xia served plaintiff Li with a response to plaintiff Li’s FI, Set One.

Plaintiff Li considered defendant Xia’s responses deficient and between August 14 and 27, 2019, plaintiff Li’s counsel and defendant Xia’s counsel met and conferred but defendant Xia’s counsel made clear that defendant would not supplement his response to FI, numbers 2.5 and 2.6.

On September 5, 2019, plaintiff Li filed the instant motion to compel defendant Xia’s further response to FI, Set One, numbers 2.5 and 2.6.

VI. Plaintiff Li’s Motion to Compel Further Responses to Form Interrogatory Nos. 2.5 and 2.6 is DENIED.

“On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: (1) An answer to a particular interrogatory is evasive or incomplete. (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. (3) An objection to an interrogatory is without merit or too general.” (Code Civ. Proc., §2030.300.) The objecting party bears the burden of justifying any objections raised. (Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98.) As for substantive answers, a response to an interrogatory must be “as complete and straightforward as the information reasonably available to the responding party permits.” (Code Civ. Proc., § 2030.200, subd. (a).)

The only two FI at issue are numbers 2.5 and 2.6. FI, number 2.5, asks defendant Xia to, “State: (a) your present residence ADDRESS; (b) your residence ADDRESSES for the past five years; and (c) the dates you lived at each ADDRESS.” FI, number 2.6, asks defendant Xia to, “State: (a) the name, ADDRESS, and telephone number of your present employer or place of self-employment; and (b) the name, ADDRESS, dates of employment, job title, and nature of work for each employer or self-employment you have had from five years before the INCIDENT until today.” Defendant Xia’s response to plaintiff Li’s FI, numbers 2.5 and 2.6, consisted of objections.

Plaintiff Li relies principally upon Code of Civil Procedure section 2017.010 which states:

Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action. Discovery may be obtained of the identity and location of persons having knowledge of any discoverable matter, as well as of the existence, description, nature, custody, condition, and location of any document, electronically stored information, tangible thing, or land or other property.

(Emphasis added.)

In opposition, defendant Xia argues initially that plaintiff Li’s motion to compel further response is defective because plaintiff Li did not provide a separate statement as required by California Rules of Court, rule 3.1345, subdivision (a) which states, in relevant part, “Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. The motions that require a separate statement include a motion: … (2) To compel further responses to interrogatories.” Where the party moving to compel a further response to discovery fails to comply with California Rules of Court, rule 3.1345, “the trial court [is] well within its discretion to deny the motion to compel discovery on that basis.” (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 893.) However, in furtherance of judicial economy, the court exercises its discretion in this instance to consider the motion on its substantive merits.

Substantively, defendant Xia maintains his objection that the information sought by FI, numbers 2.5 and 2.6 are irrelevant to the subject matter in the pending action and not reasonably calculated to lead to the discovery of any admissible evidence. Defendant Xia is a percipient witness but contends his residence address and employment information are not relevant to any issue in this litigation. The court agrees with defendant Xia that the information sought by FI, numbers 2.5 and 2.6, are not relevant. Defendant Xia is a party to the litigation and can be contacted through his counsel. To the extent plaintiff Li seeks such information to collect a future judgment, the court agrees with defendant Xia that such information is premature.

Accordingly, plaintiff Li’s motion to compel defendant Xia’s further responses to FI, numbers 2.5 and 2.6, is DENIED.

The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a further response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.

(Code Civ. Proc., §2030.300, subd. (d).)

Since plaintiff did not prevail, plaintiff Li’s request for monetary sanctions is DENIED. In opposition, defendant Xia requests an award of monetary sanctions against plaintiff Li and/or his counsel pursuant to Code of Civil Procedure section 2023.020 which states, “Notwithstanding the outcome of the particular discovery motion, the court shall impose a monetary sanction ordering that any party or attorney who fails to confer as required pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct.” Defendant Xia contends plaintiff Li did not adequately meet and confer because plaintiff Li did not provide legal authority to support his position in seeking a further response to FI, numbers 2.5 and 2.6. In reviewing the meet and confer correspondence, the court finds plaintiff Li and/or his counsel’s efforts to be adequate. Accordingly, defendant Xia’s request for monetary sanctions is DENIED.

JAIPAL DHIMAN v. DARSHAN DHIMAN

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Filed 10/23/19 Dhiman v. Dhiman CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

JAIPAL DHIMAN,

Plaintiff, Cross-defendant and Appellant,

v.

DARSHAN DHIMAN,

Defendant, Cross-complainant and Appellant.

B289711 c/w B291408

(Los Angeles County

Super. Ct. No. PC056907)

APPEALS from a judgment and a postjudgment order of the Superior Court of Los Angeles County, Ross M. Klein and Dudley W. Gray II, Judges. Affirmed.

Blank Rome, Gregory M. Bordo, Christopher J. Petersen and Craig N. Haring, for Plaintiff, Cross-defendant and Appellant.

Mousavi & Lee, Thomas A. Pistone and Amy A. Mousavi for Defendant, Cross-complainant and Appellant.

Defendant, cross-complainant and appellant Darshan Dhiman, M.D. (Darshan) appeals a judgment that was entered following the denial of his motion for mistrial and the denial of his request for the imposition of a constructive trust on certain real property.

Plaintiff, cross-defendant and appellant Jaipal Dhiman (Jaipal) appeals a postjudgment order denying his motion for prejudgment interest. (Civ. Code, § 3287, subd. (a).)

We conclude the trial court properly denied Darshan’s motion for mistrial and his request for the imposition of a constructive trust, as well as Jaipal’s motion for prejudgment interest. Therefore, the judgment and postjudgment order are affirmed.

FACTUAL AND PROCEDURAL BACKGROUND

1. Overview

Darshan and Jaipal are brothers who jointly invested in real property over the years. This appeal relates to the following transactions:

The sale of the Lewis Avenue property and Darshan’s conversion of the sale proceeds. Darshan and Jaipal jointly owned certain real property in Long Beach (the Lewis Avenue property). Following the sale of the property for $1.375 million, Darshan retained Jaipal’s one-half share of the $512,708 net sale proceeds. Jaipal sued Darshan for conversion of his share of the proceeds.

The refinancing of the Garden Grove property followed by Jaipal’s acquisition of the Gladbeck property. Darshan and Jaipal jointly owned certain real property in Garden Grove (the Garden Grove property). Jaipal fraudulently induced Darshan to sign documents that enabled Jaipal to refinance the Garden Grove property and to take out $39,811 in cash. Jaipal used the refinancing proceeds to purchase certain real property in Northridge (the Gladbeck property) in his own name. Darshan sued Jaipal for damages and to impose a constructive trust on the Gladbeck property.

2. Pleadings.

In February 2016, Jaipal filed suit against Darshan. Jaipal’s operative second amended complaint (SAC) pled ten causes of action, but he proceeded at trial on only two of those: conversion by Darshan of Jaipal’s 50 percent share of the net proceeds from the sale of the Lewis Avenue property, and a constructive trust in other real property not relevant here.

Darshan, in turn, filed a cross-complaint against Jaipal. As relevant to this appeal, Darshan pled that Jaipal fraudulently induced him to sign a grant deed to their Garden Grove property, which transferred sole title to Jaipal. After Jaipal fraudulently obtained sole title, he refinanced the Garden Grove property and used the loan proceeds to purchase the Gladbeck property in his name alone. After completing the refinancing, Jaipal recorded another grant deed restoring title in the Garden Grove property to both Darshan and Jaipal. Darshan’s cross-complaint sought damages that he sustained as a result of the fraud, punitive damages, and the imposition of a constructive trust on the Gladbeck property.

3. Trial and verdict.

On January 29, 2018, the parties commenced a jury trial. The equitable issues were severed and were to be tried following the jury’s determination of the legal issues.

On February 1, 2018, the jury returned a mixed verdict. The special verdict found in favor of Darshan on his fraud claim, and awarded him damages of $19,905.80 (one-half of the Garden Grove refinancing proceeds) for Jaipal’s false representation of fact, plus $15,000 for Jaipal’s concealment of facts. The jury also found that Jaipal acted with malice, oppression or fraud, so as to necessitate further proceedings on the issue of punitive damages.

The jury found in favor of Jaipal on his claim that Darshan had converted Jaipal’s 50 percent interest in the net sale proceeds generated by the sale of the Lewis Avenue property, and awarded Jaipal $256,354.

4. Subsequent proceedings as to punitive damages and Darshan’s request for a constructive trust.

On February 1, 2018, with trial of equitable issues and the issue of punitive damages still pending, the matter was continued to February 28, 2018 due to the court’s unavailability until that date.

Unfortunately, the trial judge (Hon. Ross M. Klein) died in the interim. The parties appeared on February 28, 2018 before Judge Gray, to whom the matter had been reassigned.

Darshan made a motion for mistrial, arguing that he was entitled to have the equitable issues decided by the judge who heard the evidence, and that he could not be compelled to accept a decision on his request for constructive trust from a different judge.

In opposition, Jaipal argued the constructive trust claim was not viable because the special verdict did not include the predicate factual findings for the imposition of a constructive trust on the Gladbeck property. Specifically, there was no question to the effect “ ‘Did Jaipal Dhiman commit fraud with . . . respect to the Garden Grove refinance proceeds?’ That question wasn’t asked.” (Italics added.) Instead, the special verdict merely asked whether Jaipal “made a false representation of a fact to [Darshan]?”

The trial court denied Darshan’s motion for mistrial and also denied Darshan’s request for the imposition of a constructive trust on the Gladbeck property. The trial court agreed with Jaipal’s counsel that the jury did not make predicate factual findings that would enable the court to impose a constructive trust on the Gladbeck property.

Separately, after hearing additional testimony, the jury awarded Darshan $128,177 in punitive damages.

5. Jaipal’s request for prejudgment interest on his conversion damages.

Jaipal subsequently filed a motion for prejudgment interest pursuant to section 3287, subdivision (a), on the $256,354 that was awarded to him for Darshan’s conversion of Jaipal’s share of the Lewis Avenue sale proceeds. Jaipal argued that an award of prejudgment interest in the amount of $97,524 was mandatory because there was no dispute as to the amount that he was owed, i.e., one-half of the $512,708 net sale proceeds from the Lewis Avenue property.

In opposition, Darshan argued that because the amount of conversion damages could not have been resolved except by verdict or judgment, prejudgment interest was not appropriate. Darshan cited Jaipal’s allegation in the SAC that Jaipal had been damaged in an amount in excess of $350,000 due to Darshan’s conversion of Jaipal’s portion of the Lewis Avenue net sales proceeds, but the jury determined that Jaipal’s damages amounted to only $256,354.

On April 19, 2018, after hearing the matter, the trial court entered an order denying Jaipal’s motion for prejudgment interest.

Darshan filed a timely notice of appeal from the judgment, and Jaipal filed a timely notice of appeal from the postjudgment order denying his motion for prejudgment interest.

CONTENTIONS

Darshan contends that because Judge Klein died in the midst of trial, the motion for mistrial should have been granted, and the trial court further erred in summarily denying his request to impose a constructive trust on the Gladbeck property.

Jaipal contends he is entitled to prejudgment interest on the damages he was awarded on his conversion claim relating to the net sale proceeds of the Lewis Avenue property. Darshan filed a motion for appellate sanctions, contending that Jaipal’s appeal is frivolous.

DISCUSSION

I.

The trial court properly denied Darshan’s request for a constructive trust on the Gladbeck property because Darshan cannot recover both a money judgment and a decree imposing a constructive trust.

Darshan contends that due to the death of Judge Klein, he is entitled to a new trial on all issues because he is entitled to have his equitable claim for the imposition of a constructive trust decided by the same judge who heard the evidence at trial. Darshan’s theory is based on the premise that he is entitled to recover both a money judgment and a decree imposing a constructive trust on the real property that Jaipal purchased with the Garden Grove property refinancing proceeds.

Jaipal, in turn, argues that by obtaining a verdict for money damages, Darshan was precluded from obtaining an order imposing a constructive trust on the Gladbeck property.

The issue of whether Darshan was entitled to the remedy of an order imposing a constructive trust, after having obtained a verdict for damages, is a question of law. As explained, we agree with Jaipal that Darshan cannot recover both a money judgment and a decree imposing a constructive trust. We thus uphold the trial court’s ruling denying Darshan’s request for a constructive trust, although not for the reason stated by the trial court. (D’Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1, 19.)

The remedy of a constructive trust “is not based on the plaintiff’s legal title but is available because a party has an equitable title to real property when legal title is in another. The remedy compels the transfer of property from the person wrongfully holding it to the rightful owner. The constructive trust remedy is an alternative remedy to the recovery of a money judgment. A plaintiff cannot recover both a judgment for money and a decree imposing a constructive trust.” (Miller & Starr, California Real Estate (4th ed.) § 40:115, fns. omitted, italics added; see, e.g. Fowler v. Fowler (1964) 227 Cal.App.2d 741, 745 (Fowler) [“plaintiff, however, cannot have a judgment declaring the defendant to be a constructive trustee and a personal judgment for money invested in the subject property”]; see also Title Ins. and Trust Co. v. Ingersoll (1910) 158 Cal. 474, 481 [“The beneficiary of a trust . . . cannot have a judgment declaring the defendant a trustee of specific property bought with trust funds, and decreeing such property to be the property of the beneficiary, and also a personal judgment for the money invested by the defendant in that property”]; Alder v. Drudis (1947) 30 Cal.2d 372, 383 [“[d]amages and restitution are alternative remedies and an election to pursue one is a bar to invoking the other”]; cf. DuBarry International, Inc. v. Southwest Forest Industries, Inc. (1991) 231 Cal.App.3d 552, 564 [“ ‘ “[i]f a given state of facts entitles one to recover damages upon the theory of tort, and the same state of facts entitles him to recovery upon the theory of contract, it would seem plain that recovery could not be twice had simply because the facts would support recovery upon either theory” ’ ”].)

Here, Darshan obtained a money judgment for Jaipal’s fraudulent conduct in refinancing the Garden Grove property—as indicated, the jury awarded Darshan $19,905.80 which represented one-half of the refinancing proceeds that Jaipal extracted from the Garden Grove property. Additionally, Darshan was awarded $128,177.21 in punitive damages. Having obtained the remedy of a money judgment, Darshan was not entitled to the additional remedy of a constructive trust on the Gladbeck property.

Darshan attempts to avoid the prohibition against double recovery by distinguishing Fowler. There, the plaintiff sued to establish a constructive trust in a home owned by the defendant to the extent of monies advanced by her to remove an encumbrance thereon and to make improvements to the home; she also sought damages for fraud in the amount of the funds that she had expended on the defendant’s home. (Fowler, supra, 227 Cal.App.2d at p. 743.) Fowler held that the plaintiff could not have both a judgment declaring the defendant to be a constructive trustee and a judgment for money invested in the subject property. (Id. at p. 745.)

Darshan contends that Fowler is inapposite because it involved just a single property, for which the plaintiff sought both damages and a constructive trust, while here, Darshan was successful on his claim that Jaipal defrauded him by taking money out of the Garden Grove property to acquire another property, the Gladbeck property. The distinction identified by Darshan is an irrelevancy—regardless of the number of properties at issue, Darshan can recover for Jaipal’s fraud only once. Thus, he can recover money damages for Jaipal’s fraudulent conduct in refinancing the Garden Grove property to purchase the Gladbeck property, or a constructive trust for an interest in the Gladbeck property, but not both.

Accordingly, the trial court (Judge Gray) properly denied Darshan’s request for a constructive trust on the Gladbeck property.

II.

The trial court properly denied Jaipal’s request for prejudgment interest because his damages were uncertain until fixed by the verdict.

Section 3287 states in relevant part at subdivision (a): “A person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled also to recover interest thereon from that day[.]” Under this provision, if damages are certain, interest must be awarded as a matter of right. (State of California v. Continental Ins. Co. (2017) 15 Cal.App.5th 1017, 1038.) On appeal, we independently determine whether damages were ascertainable for purposes of the statute. (Ibid.) Thus, our standard of review is de novo.

Damages are “ ‘ “deemed certain or capable of being made certain within the provisions of subdivision (a) of section 3287 where there is essentially no dispute between the parties concerning the basis of computation of damages if any are recoverable but where their dispute centers on the issue of liability giving rise to damage.” [Citations].’ [Citation.] Thus, ‘ “ ‘[t]he test for recovery of prejudgment interest under [Civil Code] section 3287, subdivision (a) is whether defendant actually know[s] the amount owed or from reasonably available information could the defendant have computed that amount. [Citation.]’ [Citations.] ‘The statute . . . does not authorize prejudgment interest where the amount of damage, as opposed to the determination of liability, “depends upon a judicial determination based upon conflicting evidence and it is not ascertainable from truthful data supplied by the claimant to his debtor.” [Citations.]’ [Citation.] Thus, where the amount of damages cannot be resolved except by verdict or judgment, prejudgment interest is not appropriate.” ’ ” (Duale v. Mercedes–Benz USA, LLC (2007) 148 Cal.App.4th 718, 729, first italics added.)

Applying these principles, the trial court properly determined that the amount of damages Darshan owed Jaipal for converting Jaipal’s share of the Lewis Avenue sale proceeds was not calculable prior to trial. In his pleadings, Jaipal alleged he was entitled to at least $350,000 of the $512,708 net proceeds from the sale of the Lewis Avenue property, because, among other things, he provided $190,000 of the $290,000 down payment toward the purchase of that property. Jaipal later changed his position and testified at trial that he contributed $42,000 toward the down payment for the Lewis Avenue property. Darshan, in turn, testified that he provided the entire down payment for the Lewis Avenue property. Thus, there was conflicting evidence as to the parties’ respective shares of the Lewis Avenue property proceeds. The jury, as the trier of fact, resolved the parties’ conflicting claims and determined that Jaipal’s damages from the conversion of those proceeds amounted to $256,354. Where, as here, “ ‘there is a large discrepancy between the amount of damages demanded in the complaint and the size of the eventual award, that fact militates against a finding of the certainty mandated by [Civil Code section 3287].’ ” (Wisper Corp. v. California Commerce Bank (1996) 49 Cal.App.4th 948, 961.)

In sum, because the amount of Jaipal’s conversion damages could not be ascertained until the jury returned its verdict, the trial court properly denied Jaipal’s motion for prejudgment interest on his Lewis Avenue property sale proceeds.

DISPOSITION

Both the judgment, and the postjudgment order denying prejudgment interest, are affirmed. Darshan’s motion for appellate sanctions is denied. The parties shall bear their respective costs on appeal.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

EDMON, P. J.

We concur:

LAVIN, J.

DHANIDINA, J.

RALPH J. TABER v. ALENE M. TABER

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Filed 10/23/19 Marriage of Taber CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re Marriage of RALPH J. and ALENE M. TABER.

RALPH J. TABER,

Respondent,

v.

ALENE M. TABER,

Appellant.

G057081

(Super. Ct. No. 15D003787)

O P I N I O N

Appeal from a postjudgment order of the Superior Court of Orange County, Salvador Sarmiento, Judge. Affirmed in part, reversed in part, and remanded.

Alene M. Taber, in pro. per., for Appellant.

Holstein, Taylor and Unitt, Brian C. Unitt; Howington & Associates and Joseph W. Howington for Respondent.

* * *

INTRODUCTION

Following the entry of a stipulated judgment in a marital dissolution proceeding, the former wife, Alene M. Taber, filed a motion requesting the trial court to award her sanctions against her former husband, Ralph J. Taber, and order him to comply with his obligations under the terms of the stipulated judgment. The trial court denied the motion, concluding it had no jurisdiction to award the requested relief. We affirm in part, reverse in part, and remand for further proceedings.

Although the stipulated judgment provided that the parties would bear their own attorney fees, the request for sanctions due to Ralph’s and his counsel’s obstructionist and improper conduct for six months after the marital settlement agreement was signed but before it was entered as a stipulated judgment was an issue that had properly been placed before the trial court. We reverse this portion of the order and remand for consideration of this issue.

The request for sanctions due to the alleged concealment and destruction of a piece of community property was also an issue that was properly before the trial court. We also reverse this portion of the order and remand for consideration of this issue.

The trial court did not err in refusing to consider Alene’s requests to set new valuation dates and to change the payment terms of a loan. We affirm these portions of the order. However, the terms of the stipulated judgment provide Alene with the ability to seek recourse from the trial court and to seek an award of costs and attorney fees. Our disposition is without prejudice to Alene’s ability to seek such relief.

Finally, the trial court erred by failing to address the issue of Ralph’s failure to transfer a military pension. We reverse this portion of the order and remand for consideration of this issue.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

I.

THE PARTIES’ DISSOLUTION PROCEEDING AND STIPULATED JUDGMENT

Alene and Ralph were married in May 1989 and separated in May 2015. At the time of their separation they had no minor children. The parties entered into a stipulation for dissolution of their marriage and division of their community property, which was entered as a judgment of the court on April 5, 2018.

The relevant portions of the stipulated judgment read as follows:

Paragraph 3(o): “It is the mutual wish and desire of both Petitioner and Respondent to effect a full, complete and final settlement of all their respective property interests, future and present, and, except as otherwise specifically set forth herein, to adjust and determine all legal obligations of any nature which may exist with respect to one another and by reason of their marriage, and to fully and completely resolve all issues relating to spousal support, division of community property, confirmation of separate property, reimbursement claims and attorneys’ and experts’ fees and costs without further litigation.”

Paragraph 3(v): “The Court finds that each party has entered into this Stipulated Judgement voluntarily and free of any fraud, duress, coercion, misrepresentation or undue influence that he/she is aware of or has any information about.”

Paragraph K-1: “The parties knowingly and voluntarily waive the right to have this specific matter proceed to trial, the right to call and confront witnesses, the right to conduct further discovery, and the right to conduct valuation and/or appraisals of property interests. In doing so, each of the parties hereby acknowledges and agrees to the division of property and orders relating to spousal support and fees and costs as set forth in this Stipulated Judgment are fair and equitable, acknowledging also should they proceed with trial, the Court’s decision on these issues may be more or less favorable as a result.”

Paragraph CC-1: “Each party shall be solely responsible for the payment of his/her own attorneys’ fees and costs.”

Paragraph CC-4: “Respondent/Alene hereby waives the right to a contribution to her attorneys’ fees and costs from Petitioner/Ralph. Respondent/Alene knowingly, intelligently, and voluntarily waives all right to receive a contribution to her attorneys’ fees and costs. Respondent/Alene shall be solely responsible for her own attorney fees and costs and expert fees and costs incurred in connection with the negotiation, preparation and execution of this Stipulated Judgment and in connection with this Dissolution of Marriage action.”

Paragraph CC-5: “Petitioner/Ralph shall not be liable to Respondent/Alene for her attorney fees and costs and expert fees and costs. Respondent/Alene shall hold Petitioner/Ralph harmless against any claim arising from the nonpayment of such fees and costs.”

Paragraph OO-1: “By signing his/her approval of this Stipulated Judgment, each party has represented and acknowledged that he/she has read and understands the terms and provisions contained herein, that he/she signed this Stipulated Judgment voluntarily and without undue influence, fraud, coercion or misrepresentation, and that he/she is fully aware of the contents and legal effects of this Stipulated Judgment.”

II.

ALENE’S MOTION FOR SANCTIONS

On April 26, 2018, three weeks after the stipulated judgment was entered, Alene, no longer represented by counsel, filed a motion for sanctions against Ralph, and to modify the stipulated judgment. Alene filed a supplemental memorandum of points and authorities and a supplemental declaration on May 4.

Specifically, Alene’s postjudgment motion for sanctions requested the following relief:

1. $48,230.38 in sanctions against Ralph for the unnecessary attorney fees Alene incurred “as a result of Ralph’s nonresponsive and obstructionist behavior.”

2. $437,653.64 in sanctions against Ralph for allowing a life insurance policy to lapse, breaching his fiduciary duties, and concealing and/or destroying a community property asset.

3. Modification of the stipulated judgment to reflect a different valuation date for the parties’ 401K and retirement plans.

4. Modification of the stipulated judgment to require Ralph to pay reimbursement payments for their daughter’s college loans directly to Alene instead of to the lender.

Ralph filed opposition, and the trial court conducted a hearing on Alene’s motion. The court found that all of the acts alleged by Alene had occurred before the stipulated judgment was entered, and the court did not have the authority to modify the judgment. Therefore, the court denied the motion.

DISCUSSION

I.

IS THERE AN APPEALABLE ORDER?

Alene contends that the order denying her motion for sanctions is appealable pursuant to Code of Civil Procedure section 904.1, subdivision (a)(2), which provides that an appeal may be taken from “an order made after a judgment made appealable by paragraph (1).” Thus, only if the stipulated judgment would itself be appealable can the order denying Alene’s motion for sanctions be appealable.

A stipulated or consent judgment is “a judgment entered by a court under the authority of, and in accordance with, the contractual agreement of the parties [citation], intended to settle their dispute fully and finally.” (Norgart v. Upjohn Co. (1999) 21 Cal.4th 383, 400.) The general rule is that a party may not appeal from a consent judgment. (Ibid.)

A postjudgment order following a nonappealable judgment is itself nonappealable. “Because the consent judgment is nonappealable, it is not ‘a judgment made appealable’ by section 904.1, subdivision (a)(1). Thus, section 904.1, subdivision (a)(2), which requires such an appealable judgment, has no application to the orders entered in this case, and defendant provides no other statutory basis for its asserted right of appeal. ‘“[N]o appeal can be taken except from an appealable order or judgment, as defined in the statutes and developed by the case law . . . .” [Citation.] Section 904.1 states that an appeal may be taken from a judgment, except from among other things, an interlocutory judgment. Therefore, final judgments, “as ‘developed by the case law’” [citation], are appealable, but “[i]t is the substance and effect of the court’s order or judgment and not the label” which determines whether the party can appeal [citation].’ [Citation.] ‘Unless expressly authorized by law an appeal does not lie from an interlocutory judgment.’” (City of Gardena v. Rikuo Corp. (2011) 192 Cal.App.4th 595, 601.)

Alene’s motion was, at least in part, a motion to enforce the terms of the stipulated judgment. The stipulated judgment provided for such enforcement actions by reserving jurisdiction, by providing for remedies in the event necessary actions were not taken to effectuate the agreements contained in the stipulated judgment, and by authorizing the trial court to award costs and attorney fees to any party required to seek court action to enforce the terms of the stipulated judgment. The inclusion of these provisions requires us to conclude that the trial court’s postjudgment order is appealable, despite the fact the underlying judgment was a stipulated judgment.

In any event, this court has the discretion to construe Alene’s appeal as a petition for a writ of mandate from the order denying her request for sanctions, and we would choose to exercise that discretion in this case even if the postjudgment order was not appealable. (Black Diamond Asphalt, Inc. v. Superior Court (2003) 114 Cal.App.4th 109, 114 115.) This case meets the criteria the California Supreme Court has established for treating an appeal from a nonappealable order as a petition for a peremptory writ of mandate. (Morehart v. County of Santa Barbara (1994) 7 Cal.4th 725, 745 747.) We would do so because the briefs and the record before us contain, in substance, all the elements required for a writ of mandate proceeding; there are extraordinary circumstances justifying the exercise of this court’s discretionary power; and real parties in interest will suffer no prejudice if we address the merits of the parties’ dispute. (Ibid.)

II.

REQUEST FOR SANCTIONS/ATTORNEY FEES DUE TO OBSTRUCTIONIST CONDUCT

Alene’s request for sanctions in the form of attorney fees involves only conduct by Ralph that predates the entry of the stipulated judgment. Therefore, the language of the judgment providing that the parties will be responsible for their own attorney fees would appear to preclude the trial court from awarding those fees as sanctions. In particular, the stipulated judgment provides: “Respondent/Alene shall be solely responsible for her own attorney fees and costs . . . incurred in connection with the negotiation, preparation and execution of this Stipulated Judgment and in connection with this Dissolution of Marriage action.” Even if Ralph’s conduct during the period leading up to finalization of the stipulated judgment was obstructionist and improperly and unnecessarily frustrated the policy of promoting settlement and reducing the costs of litigation (Fam. Code, § 271, subd. (a)), Alene contractually agreed to be responsible for the payment of her own attorney fees.

A marital settlement agreement incorporated into a stipulated judgment is construed under the statutory rules governing the interpretation of contracts generally. (In re Marriage of Iberti (1997) 55 Cal.App.4th 1434, 1439.) If the language of the judgment incorporating the marital settlement agreement is clear, explicit, unequivocal, and unambiguous, the court will enforce the express language. (Id. at p. 1440.) Here, the language of the stipulated judgment regarding each party’s responsibility for his or her own attorney fees is clear, explicit, unequivocal, and unambiguous.

The declarations of Alene and her former counsel, which are supported by documentary evidence, show that Alene and Ralph reached an agreement on the terms of a stipulated marital settlement agreement at the mandatory settlement conference in August 2017; both the parties and the trial court signed an Order for Judgment containing most of the major points of what would be the final stipulated judgment. After both Ralph and Alene had signed the marital settlement agreement that would become a part of the stipulated judgment, Ralph’s counsel refused to approve and have it entered. Ralph sent Alene messages indicating his counsel was refusing to sign the stipulated judgment because Ralph and his counsel had a disagreement over payment of Ralph’s fees.

Ralph filed a motion to continue the trial due to his trial counsel’s vacation plans (despite counsel having represented his availability at a trial setting conference in November 2017). On January 24, 2018, Ralph’s counsel filed a motion to be relieved on the ground that “irreconcilable differences have arisen due to a conflict of interest that has developed between the petitioner, Ralph J. Taber, and [counsel] Joseph W. Howington.” Alene objected to the request to continue the trial and requested that the court “Order [Ralph] to pay forthwith sanctions in the form of attorneys’ fees and costs the sum of $5,000 to Hughes & Hughes, LLP, counsel for [Alene], for the failure to timely schedule this matter for trial and for [Ralph] and his counsel’s constant delay of this matter, pursuant to Family Code § 271.” At the continued hearing on the motion to withdraw as counsel, the motion itself was withdrawn; the court found that “existing orders for Judgment are in effect”; the stipulated judgment was finally submitted to the court for execution; and the court denied the ex parte request to continue the trial.

The trial court did not rule on the request for sanctions included in Alene’s response to Ralph’s motion to continue the trial. Alene’s request for sanctions for Ralph’s obstructionist and improper conduct, included in her postjudgment motion, was merely a request for the court to consider this issue that it had failed to rule on.

Ralph argues an award of attorney fees under Family Code sections 271 and 2107, subdivision (c) is a matter for the trial court’s discretion (see In re Marriage of Feldman (2007) 153 Cal.App.4th 1470, 1478; In re Marriage of Abrams (2003) 105 Cal.App.4th 979, 990-991), and that the trial court did not abuse its discretion in denying Alene’s motion. The trial court did not exercise any discretion, having determined it lacked jurisdiction to rule on the merits of the request for sanctions. The failure to exercise discretion is an abuse of discretion. (Law Offices of Dixon R. Howell v. Valley (2005) 129 Cal.App.4th 1076, 1090-1091.)

Therefore, we will remand Alene’s motion for sanctions to permit the trial court to exercise its discretion in considering the issue in the first instance. The trial court shall be limited to awarding sanctions for attorney fees and costs incurred by Alene during the period from November 21, 2017, when the marital settlement agreement was fully executed by Alene and Ralph, to April 5, 2018, when the stipulated judgment was finally entered by the court, and solely attributable to the delays in finalizing the stipulated judgment caused by Ralph, Ralph’s counsel, or both.

III.

REQUEST FOR SANCTIONS/ATTORNEY FEES DUE TO DESTRUCTION OF
COMMUNITY PROPERTY ASSET

Alene argues that the trial court should have awarded sanctions against Ralph for purposefully concealing community property—a whole life insurance policy—and then destroying the asset by failing to pay the premium.

Alene and Ralph purchased the policy in 1990. Ralph told Alene in February 2015 that the policy had expired (although apparently the policy was in effect until at least November 2015). Alene would have continued paying the premiums on the policy if she had known Ralph intended to allow it to expire.

By allowing the policy to expire, Ralph unquestionably breached his fiduciary duty to the community. As to undisclosed property, the stipulated judgment provides:

“If a party fails to disclose an asset or has transferred an asset in breach of his/her fiduciary duty, the Court may award the other party 100% of the asset or a sum of money equal to 100% of the asset on the date of transfer, the date of execution of this Judgment, the date of discovery or any other reasonable date together with an award of reasonable attorney fees and costs.

“If it shall hereafter be determined by a Court of competent jurisdiction that either party is now possessed of any community and/or quasi-community property not set forth is this Stipulated Judgment, or that one of them has made, without the consent of the other, any substantial gift or transfer of any community property not set forth in this Stipulated Judgment (other than a transfer in exchange for a valuable consideration to the community or a family gift known to the other party), each of them hereby covenants and agrees to transfer or pay to the other, at the other’s election, (a) an amount of the other property equal to the other’s interest in it, if it is reasonably susceptible to division, (b) the full market value of the other’s interest on the effective date of this Stipulated Judgment, or (c) the full market value of the other’s interest at the time either party discovers the other’s ownership of the property. This Stipulated Judgment is not intended to impair the availability, in a Court of competent jurisdiction, of any other remedy arising from the undisclosed ownership.”

Alene cites In re Marriage of Rossi (2001) 90 Cal.App.4th 34, 35, in which the appellate court concluded the wife committed fraud within the meaning of Civil Code section 3294 when she concealed lottery winnings obtained during the marriage but not disclosed during the dissolution proceedings. The husband was awarded the full amount of the winnings based on the language of the parties stipulated judgment, Civil Code section 3294, and Family Code section 1101, subdivision (h). (In re Marriage of Rossi, supra, at p. 39.) In the present case, the trial court should have considered whether the stipulated judgment’s provisions regarding undisclosed property applied to the whole life insurance policy that Ralph allowed to expire. We will remand this matter to the trial court to make such a determination. If the court does so, it shall also determine on what date the asset should be valued, how much of it should be distributed to Alene, and how much Alene should be awarded in attorney fees and costs.

IV.

REQUEST TO SET NEW VALUATION DATES

Alene requests that the valuation dates of the retirement accounts addressed in the stipulated judgment be modified. The terms of the stipulated judgment provide that the majority of the parties’ retirement accounts and pensions should be divided 50/50 with a valuation date of September 15, 2017. The valuation date was selected based on the parties’ intention to immediately finalize the stipulated judgment. Although the stipulated judgment was not entered until April 2018, the valuation date was not changed by the parties and became a part of the court’s judgment.

As of April 5, 2018, the affected retirement accounts were effectively split in half by operation of the stipulated judgment, at which point half of each became Alene’s separate property. (In re Marriage of Janes (2017) 11 Cal.App.5th 1043, 1049.) If, as Alene claims, Ralph has not signed the necessary paperwork to effectuate a transfer of half of these retirement accounts to Alene, he retains the responsibility to account for the gains and losses on Alene’s separate property when the transfer is effected. Ralph may not transfer only half the amount of the retirement accounts and pensions as of September 15, 2017; he must also account for gains or losses on the separate property since that date. (Id. at pp. 1049-1050.) The stipulated judgment requires the parties “[t]o act as a fiduciary with respect to all activities affecting the other party’s property and support rights from the date of separation until the date of distribution of the community asset or liability in question.” The issue of any alleged breach of fiduciary duty in Ralph’s management of the retirement accounts after the stipulated judgment as entered is not yet a matter for consideration by this court.

In his opposition to Alene’s motion, Ralph submitted a declaration stating: “[The 401K accounts] are all being divided by Qualified Domestic Relations Order. I have cooperated with the QDRO attorney pursuant to the terms of our judgment. I ask that the court deny Respondent’s request.”

The trial court did not err in refusing to rule on Alene’s motion on this ground, as there was not a dispute ripe for consideration. Our ruling is without prejudice to Alene’s right to request sanctions against Ralph if Alene later proves a breach of fiduciary duty by Ralph in the management or transfer of the retirement accounts.

V.

REQUEST TO CHANGE PAYMENT TERMS FOR STUDENT LOAN DEBT

The stipulated judgment provided that Ralph would pay the outstanding $20,000 balance on their daughter’s student loans in $5,000 installments. Ralph paid $10,000 to the lender. In early 2018, Alene paid off the student loan in order to restructure her debt, and the loan account was closed. Ralph has paid $5,000 of the remaining amount directly to Alene.

Alene also asked the trial court to order Ralph to make the final payment to her, rather than to the student loan lender. The trial court refused to grant this part of the motion because to do so would require the court to modify the judgment, which it did not have the jurisdiction to do. Ralph does not address this issue on appeal.

In his declaration in opposition to the motion, Ralph stated: “[Alene] is asking to modify the final judgment requiring me to pay $10,000 of a $20,000 equalizing reimbursement payment to [Alene] instead of making the payment directly to Sofi.
. . . With regard to the remaining payment, I have no issue, if [Alene] paid the remaining debt off, paying her directly, but I was given a year to pay this debt and thus would like until October to pay as scheduled.”

In re Marriage of Chester (1995) 37 Cal.App.4th 1624, cited by Alene, is not on point. That case involved the effect of a law changing the age of majority from 21 to 18 on preexisting judgments providing for child support until a child reached age 21. (Id. at pp. 1635 1636.) In In re Marriage of Bowen (2001) 91 Cal.App.4th 1291, the court was interpreting the judgment’s formula for determining the wife’s share of the husband’s pension. That case, too, is inapposite to the issues before this court in this case.

Ralph has declared under penalty of perjury that he will pay the remaining portion of the student loan debt to Alene on the date the stipulated judgment required him to make the payment to the lender. If that has not timely occurred, the stipulated judgment provides for recourse to the trial court with the payment by Ralph of costs and attorney fees. (See post at pp. 14-15.)

VI.

REQUEST TO ORDER RALPH TO COMPLY WITH THE TRANSFER OF HIS MILITARY PENSION

Alene also requested that Ralph be ordered to comply with the stipulated judgment’s requirement that he cooperate in the process of transferring his military retirement pension and right of survivorship benefits to Alene. Ralph does not address this issue on appeal.

The stipulated judgment retained in the trial court the jurisdiction to address the failure of a party to comply with his or her obligations thereunder. “Jurisdiction is reserved over all other issues, and all present orders remain in effect except as provided below.”

The stipulated judgment also included provisions regarding the parties’ cooperation in effectuating the terms of their agreement, specifically with respect to the transfer of retirement plans. “One-half (1/2) of the Military pension/disposable retired pay, in Petitioner Ralph’s name, shall be equally divided pursuant to a Military Division Order (‘MDO’). [¶] 1. Petitioner/Ralph shall fully cooperate regarding the MDO process and shall provide the MDO attorney with all information, statements, etc. requested by the attorney. The parties shall equally divide the cost of preparing the MDO. Respondent/Alene shall choose the MDO attorney.” “Y. COOPERATION AND EXECUTION OF DOCUMENTS [¶] Y-1. Each party shall, on demand of the other, acknowledge, execute, and deliver any instrument, furnish any information, or perform any other act reasonably necessary to carry out the provisions herein without undue delay or expense. The Clerk of the Superior Court of California is authorized, on ex-parte [sic] notice, to execute on behalf of either party any document or instrument which is reasonably necessary to carry out the provisions herein if a party hereto refuses or fails to so execute. Notwithstanding the failure or refusal of either party to execute any such instrument, the terms herein shall constitute a complete transfer and conveyance of the properties designated as being transferred, conveyed, or assigned by each party. [¶] Y 2. Each party agrees, on the demand of the other, to execute any instrument, furnish any information, or perform any other act reasonably necessary to carry out the provisions of this stipulated Judgment without undue delay or expense. Either of the parties who fail to comply with this paragraph shall reimburse the other party for any expenses, including attorney fees and court costs that as a result of this failure become reasonably necessary to carry out this paragraph. If necessary documents are not signed in a timely fashion the documents may be submitted to the clerk of the court or his designee for signature.”

Finally, the stipulated judgment included provisions for its enforcement if either party failed to perform their agreed-upon obligations. “Z. ENFORCEMENT OF JUDGMENT [¶] Z-1. In the event either of the parties shall be required to bring any action or proceeding to enforce any of the provisions of this Stipulated Judgment or any court order made after merger of any of the provisions of this Stipulated Judgment into the dissolution judgment, the prevailing party shall be entitled to recover all costs of such enforcement proceeding, including reasonable attorney fees.”

The trial court should have made factual findings regarding whether Ralph had taken the necessary steps to transfer his military pension. We remand the matter for further proceedings, including an award of attorney fees and costs to Alene if Ralph has failed to do so.

DISPOSITION

The portions of the postjudgment order denying the request to set new valuation dates, and denying the request to change the payments terms of the student loan are affirmed, without prejudice to Alene requesting sanctions against Ralph if Alene later proves a breach of fiduciary duty by Ralph in the management of the retirement accounts or in paying the student loans. The portions of the postjudgment order denying the request for sanctions due to the obstructionist and improper conduct of Ralph and his counsel during the period following the execution of the marital settlement agreement and before the entry of the stipulated judgment, denying the request for sanctions due to the alleged concealment and destruction of a piece of community property, and denying the request to order Ralph to complete the transfer of his military pension are reversed. The matter is remanded for further proceedings on these issues.

In the interests of justice, Alene shall recover her costs on appeal.

FYBEL, J.

WE CONCUR:

ARONSON, ACTING P. J.

IKOLA, J.

ARNOLD LEONG v. WARREN HAVENS

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Filed 10/23/19 Leong v. Havens CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

ARNOLD LEONG,

Plaintiff and Respondent,

v.

WARREN HAVENS,

Defendant and Appellant;

SUSAN UECKER, as Receiver, etc.,

Real Party in Interest and Respondent.

A149113, A150785, A150903, A151294, A151848, A151865, A151903, A151978, A151979, A151980, A152835, A153035, A154121, A154122, A154124, A154125, A154619, A154834, A156485, A157199, A157386, A157388, A157856

(Alameda County

Super. Ct. No. 2002-070640)

Arnold Leong and Warren Havens have been involved, for over 17 years, in contentious litigation regarding the ownership and control of two entities holding licenses issued by the Federal Communications Commission (FCC or the Commission). Twelve years after the action was compelled to arbitration, the trial court appointed a receiver and granted a preliminary injunction restraining Havens from interfering with the receivership (the Receivership Order). (See Code Civ. Proc., § 1281.8.) In a prior unpublished opinion, Leong v. Havens (Aug. 23, 2017, A147027), this Division affirmed the Receivership Order.

In the time since the Receivership Order was entered, Havens has appealed from a multitude of trial court orders involving the receivership, including the 23 orders involved herein, while also continuing to willfully disobey the Receivership Order. Susan Uecker, acting as receiver for the receivership entities, moved to consolidate Havens’s 23 different appeals and dismiss them under the disentitlement doctrine. We agree the equities balance in favor of dismissal and grant the motion.

BACKGROUND

A.

In 1999 and 2001, Leong and Havens entered into written limited liability company agreements establishing Verde Systems LLC (Verde) and Telesaurus Holdings GB LLC (Telesaurus). The primary business of both Verde and Telesaurus is the acquisition and transfer of valuable radio spectrum licenses for the development of wireless networks. Leong alleges he invested over a million dollars in the enterprise under an oral agreement that he and Havens would share ownership and control “50-50.” Havens later disavowed the existence of any such agreement and, in 2002, Leong sued Havens, seeking declaratory relief, dissolution, an accounting, and damages on breach of contract, fraud, and breach of fiduciary duty causes of action. After arbitration was compelled, Leong amended his complaint to add six entities (all eight entities are referred to collectively as the Receivership Entities) as alter ego defendants.

In April 2015, in an administrative proceeding before the Commission to which Havens and two of the Receivership Entities were parties, Administrative Law Judge Richard L. Sippel found that Havens and the two entities “engaged in patterns of egregious behavior that . . . warrant a separate proceeding in which several issues as to the character qualification of [Havens] and the [Receivership Entities] to hold Commission licenses are examined.” The order certified “such deliberate transgressions, together with an account of [Havens’s] history of disruptive disregard of orders and otherwise contemptuous behavior, to the Commission for determination as to whether a separate proceeding should be designated to decide whether [Havens] and his companies qualify to hold [Commission] licenses.”

On Leong’s motion in response to that order, the trial court appointed Uecker as receiver to “take control and possession of all property and assets of [the Receivership Entities].” The Receivership Order also granted a preliminary injunction, which enjoins Havens from engaging in certain conduct. As relevant here, the trial court prohibited Havens from, among other things, “interfering in any manner with the discharge of the receiver’s duties under [the Receivership Order],” “[c]ommunicating with the FCC regarding the FCC Licenses or the Receivership Entities,” and “[c]ommencing, prosecuting, continuing to enforce, or enforcing any suit or proceeding in the name of the Receivership Entities . . . or otherwise acting on behalf of the Receivership Entities.” (Italics added.) At a hearing less than two weeks after the Receivership Order issued, the Honorable Frank Roesch orally clarified that the restraint on communicating with the Commission did not enjoin Havens from communicating with the Commission about licenses not owned by one of the Receivership Entities or about personal sanctions against him.

Havens appealed from the Receivership Order. A different panel of this Division affirmed on the merits. In November 2017, our Supreme Court denied Havens’s petition for review. (Leong v. Havens (A147027, Aug. 23, 2017), review denied Nov. 15, 2017.)

B.

Havens’s disregard for the trial court’s orders began while the former appeal (A147027) was pending. Neither the order appointing a receiver nor the prohibitory portions of the injunction were automatically stayed pending appeal. (§ 917.5 [order appointing receiver is not stayed unless an undertaking is given, in an amount fixed by trial court]; Kettenhofen v. Superior Court (1961) 55 Cal.2d 189, 191 [“appeal stays a mandatory but not a prohibitory injunction”].) Havens did not perfect a stay under section 917.5. Nor did he seek a writ of supersedeas from this court. (Cal. Rules of Court, rule 8.824; § 923; Ironridge Global IV, Ltd. v. ScripsAmerica, Inc. (2015) 238 Cal.App.4th 259, 267–268.)

Nonetheless, four months after entry of the Receivership Order, Havens filed a petition in the United States Bankruptcy Court for the District of Delaware seeking Chapter 11 reorganization for receivership entity Skybridge Spectrum Foundation (Skybridge). In May 2016, the Delaware bankruptcy court granted Leong’s motion to dismiss the Chapter 11 filing. Havens filed an appeal of the dismissal order, which remains pending before the United States District Court for the District of Delaware.

In June 2016, the receiver filed a motion to enjoin Havens “from making any submissions to the [Commission] without the approval of the [r]eceiver or [the trial c]ourt.” The filing prompting the receiver’s motion indicated it was made by Havens individually and as a “Member and Assignee” of one of the Receivership Entities. In response, Judge Roesch denied the receiver’s requested order on the grounds it would constitute an unconstitutional prior restraint of speech. Instead, Judge Roesch entered an order (the July 2016 Order) making clear Havens could ask the receiver to make certain communications to the Commission or move the superior court to instruct the receiver. The July 2016 Order made clear that Havens “is not to communicate with the [Commission] or to any other person or entity in a manner that might lead to the recipient of the communication to infer that the communication from [Havens] may be on behalf of any Receivership Entity.”

Undeterred, in August 2016, Havens, purportedly acting for himself and on behalf of Skybridge and a non-Receivership Entity, Polaris PNT PBC (Polaris), filed a petition for involuntary bankruptcy of an entity he called the “Leong Partnership.” Havens identified the Commission licenses “held by Susan Uecker as Receiver” as the principal assets of the “Leong Partnership.” Havens also asserted the bankruptcy petition was filed “to meet an urgent need for protection of” the Receivership Entities. Havens also argued, to Judge Roesch, that “the involuntary bankruptcy filing against the Leong Partnership affects the Receivership Entities” and created an automatic bankruptcy stay. Three days after his initial filing, Havens dismissed Skybridge as a petitioner in the involuntary bankruptcy action. When the bankruptcy court granted summary judgment in Leong’s favor on Havens’s and Polaris’s involuntary bankruptcy petition, Havens filed an appeal that remains pending before the Ninth Circuit Court of Appeals.

The Honorable Robert B. Freedman found Havens in contempt. Because Havens conceded knowing of the preliminary injunction portion of the Receivership Order before filing the involuntary bankruptcy petition, Judge Freedman found Havens “knowingly chose to violate” and “willfully disobeyed” the prohibition against interfering with the receiver’s discharge of her duties. For this and another act of purported contempt (involving a September 2016 filing with the Commission), Judge Freedman imposed a 10-day jail sentence and a fine of $2,000 payable to the trial court. Judge Freedman also ordered Havens to pay the receiver’s fees and costs.

Havens filed a petition for writ of habeas corpus/prohibition/certiorari (A150411) with this court. Ultimately, this Division concluded the most reasonable construction of the trial court’s orders permitted Havens to communicate with the Commission on his own behalf as long as he clearly indicated he was not speaking on behalf of any Receivership Entity. Therefore, this Division concluded the trial court erred in finding Havens’s September 2016 Commission filing violated a court order and issued an alternative writ. The trial court complied with the alternative writ and the writ was discharged. With respect to the involuntary bankruptcy petition, however, this Division did not disturb that portion of the contempt judgment, concluding Havens had not “persuasively demonstrated an entitlement to writ relief regarding that count.”

In June 2018, Havens took another tack to disrupt the receivership. Despite having previously (in 2015) unsuccessfully attempted to remove the case to federal court, Havens filed another notice of removal. The notice of removal was filed on the same day as his opposition to the receiver’s motion for approval of a proposed asset sale. Havens later argued, in two separate Commission filings, that by filing a removal notice he was able to unilaterally return control of the Receivership Entities to himself. The district court remanded the matter, on alternate grounds of untimeliness and lack of subject matter jurisdiction, to the superior court on September 7, 2018.

Less than two weeks later, Havens filed a third notice of removal. This time he noted his plan to file a “motion to dissolve the State Court receivership . . . because there is no valid basis in federal (or state) law for a receivership.” The day before the hearing on the remand motion, Havens filed an “Emergency Petition For Writ of Mandamus,” seeking to disqualify the district court judge who had presided over his previous removal attempt. The petition was denied and again the district judge remanded the case to superior court. The district judge warned, “I think that a reasonable person aware of the facts would conclude that these successive notices were filed for the purpose of frustrating other parties’ right to obtain relief in the state courts. And it needs to stop.”

Next, Havens filed an untimely peremptory challenge to Judge Roesch (§ 170.6), which was denied. Thereafter, Havens repeatedly sought to disqualify Judge Roesch for cause (§ 170.3) by filing challenges immediately before noticed hearings on the receiver’s pending motions. Each challenge for cause was stricken as unsupported.

On November 20, 2018, the trial court granted the receiver’s motion for approval of a sale of spectrum assets to AeroNet. The next day, Havens filed a petition asking the Commission to deny the receiver’s application for approval of the proposed transfer. In support of his petition, Havens continued to argue the Receivership Order was void. On December 3, 2018, the trial court granted an ex parte motion filed by the receiver and ordered Havens to withdraw his petition. Havens complied. But Havens later filed a petition for reconsideration with the Commission. In his petition for reconsideration, Havens made clear he was submitting the petition solely for himself and Polaris, “and not for the Receiver . . . or the Receivership Entities.” He also argued the trial court’s December order was “void” and, because he had filed a notice of appeal from that order (A156485), automatically stayed to the extent it involved a mandatory injunction.

On May 21, 2019, Judge Roesch granted another ex parte motion filed by the receiver and ordered Havens to withdraw his petition for reconsideration. Presumably on the basis this order was automatically stayed when Havens filed an appeal (A157388) from the May 21st order, Havens ignored Judge Roesch’s order and filed a reply brief with the Commission. In purported justification of his actions to Judge Roesch, Havens asserted that this court’s prior ruling (on his writ petition challenging the contempt findings) allows him to personally oppose the receiver’s actions before the Commission so long as he is clear he is not doing so on behalf of the Receivership Entities. In response, Judge Roesch pointed out that this court’s alternative writ said absolutely nothing to abrogate the prohibition on interference with the receiver’s discharge of duties.

C.

Havens has now appealed from, among others, 23 different trial court orders involving the receivership. By the time the receiver filed the instant motion, 10 of the appeals had already been consolidated into two groups: one involving Havens’s appeals from orders granting the receiver’s motions for approval of asset sales (lead case is A150785, consolidated with A150903, A151848, A151865, A151903, A151978, and A151979), and the other involving Havens’s appeals from orders approving the receiver’s accounts and fees (lead case is A149113, consolidated with A151294 and A151980). The remaining 13 appeals involve orders requiring Havens to withdraw his filings with the Commission (A156485, A157388); orders regarding the receiver’s instructions (A152835 and A157386); an order granting the receiver’s motion for approval of a release (A153035); orders allowing the receiver to pay claims (A154122); additional orders approving the receiver’s accounts and fees (A154121, A154124, A154834, A157199, A157856); an additional order granting the receiver’s motion for approval of an asset sale (A154125); and an order approving the receiver’s receipt of funds in satisfaction of a judgment (A154619).

DISCUSSION

A.

We begin by addressing the receiver’s motion to consolidate and Havens’s motion to strike. The test for consolidation is whether at least one common issue is presented by multiple appeals. (Pacific Legal Foundation v. California Coastal Com. (1982) 33 Cal.3d 158, 165, fn. 3.) The receiver has shown all 23 appeals involve the same underlying trial court action and a common issue – disentitlement. Thus, we grant the receiver’s motion to consolidate all 23 appeals for purposes of this decision.

We assume Havens’s motion to strike the receiver’s motion to dismiss is properly before us, even though it is not presented by a separately filed motion. However, because he presents no valid basis to strike the receiver’s motion, we deny Havens’s motion to strike and turn to the receiver’s motion to dismiss.

B.

The receiver argues the appeals should be dismissed because Havens should not be allowed to seek the aid of this court while continuing to willfully disobey the Receivership Order. Havens opposes the motion to dismiss, arguing primarily, and without supporting evidence, that there is insufficient evidence he has violated any court order. Havens’s arguments are unpersuasive.

1.

Under the disentitlement doctrine, “[a]n appellate court has the inherent power to [stay or] dismiss an appeal by a party that refuses to comply with a lower court order.” (Gwartz v. Weilert (2014) 231 Cal.App.4th 750, 757.) The doctrine is “a discretionary tool that may be used to dismiss an appeal when the balance of the equitable concerns makes dismissal an appropriate sanction.” (Ibid.) Similar to the equitable defense of unclean hands, the rationale underlying the doctrine is that a party to an action cannot seek the aid and assistance of an appellate court while standing in an attitude of contempt to the legal orders and processes of the courts of this state. (Id. at p. 757 & fn. 5.) “Dismissal is not ‘ “a penalty imposed as a punishment for criminal contempt. It is an exercise of a state court’s inherent power to use its processes to induce compliance” ’ with a presumptively valid order.” (Say & Say v. Castellano (1994) 22 Cal.App.4th 88, 94.)

The doctrine “ ‘is particularly likely to be invoked where the appeal arises out of the very order (or orders) the party has disobeyed.’ ” (Ironridge Global IV, Ltd. v. ScripsAmerica, Inc., supra, 238 Cal.App.4th at p. 265.) However, this is not a prerequisite for application. (In re E.M. (2012) 204 Cal.App.4th 467, 477.)

2.

Havens does not affirmatively deny having repeatedly and willfully violated the Receivership Order. He only makes a conclusory and unsupported assertion that there is “[n]o . . . motion in Case Below to find Havens violated any court order.” Havens is wrong.

First, a judgment of contempt is not required before an appeal may be dismissed under the disentitlement doctrine. (TMS, Inc. v. Aihara (1999) 71 Cal.App.4th 377, 379.) “An appellate court may dismiss an appeal where the appellant has willfully disobeyed the lower court’s orders or engaged in obstructive tactics.” (Gwartz v. Weilert, supra, 231 Cal.App.4th at pp. 757-758.)

Second, Havens has been convicted of contempt for filing the involuntary bankruptcy petition and that portion of the contempt judgment remains undisturbed after writ review. Nonetheless, it is essentially undisputed that Havens remains in willful violation of the Receivership Order. In particular, Havens continues to pursue an appeal involving the same involuntary bankruptcy proceeding underlying his contempt conviction. He also continues to pursue a Chapter 11 bankruptcy appeal on behalf of a Receivership Entity, in clear violation of both the prohibition on Havens’s interference with the receiver’s performance of her duties and the prohibition on acting on behalf of a Receivership Entity. In his declaration in opposition to the motion to dismiss, Havens does not present evidence showing he has taken any action since the motion was filed to remedy his disobedience.

In all of Haven’s 23 appeals, the challenged orders arise out of the Receivership Order that Havens has repeatedly and willfully disobeyed. Havens may have various legal theories for why compliance with the Receivership Order is not required, but “[i]t was not up to [him] to decide to ignore the court’s order[s] under [his] privately held belief [they are] invalid.” (Blumberg v. Minthorne (2015) 233 Cal.App.4th 1384, 1392.)

Havens’s repeated attempts at removal and disqualification cement the inference that his disobedience of the Receivership Order is willful and further demonstrate his goal is obstruction of the legal process. Havens’s actions quite clearly indicate “that not only is [he] determined to set at naught the authority of the trial court, but that [his] attitude will be the same toward any judgment or order made by this court in disposing of [his numerous] appeal[s].” (Knoob v. Knoob (1923) 192 Cal. 95, 97.)

The disentitlement doctrine has been invoked in circumstances similar to, albeit less egregious than, those before this court. (See Alioto Fish Co. v. Alioto (1994) 27 Cal.App.4th 1669 ; Say & Say v. Castellano, supra, 22 Cal.App.4th at p. 94 [when appellant “remains ‘flagrantly and persistently in defiance of court orders’ . . . [t]his is a more than adequate ground for dismissing the appeal”].) “The right to appeal ‘must not be lightly forfeited . . . where a doubt exists as to a litigant’s conduct being contumacious or willful.’ ” (Alioto, supra, at p. 1685.) Here, however, there is absolutely no doubt. The Receivership Order was not stayed pending appeal and has now been affirmed on appeal. Havens has been found in contempt for willfully violating that order and served five days in jail for contempt, and he nonetheless continues to repeatedly and willfully flout it – at the very least by maintaining the Skybridge bankruptcy appeal and the involuntary bankruptcy appeal.

There is no reason to believe Havens’s compliance would be induced were we to merely stay the appeals under threat of dismissal. Lesser sanctions (including jail time) have been unsuccessful in curbing Havens’s obdurate behavior. Accordingly, we dismiss all 23 appeals noticed for dismissal in the receiver’s motion.

Havens is advised that further appeals arising out of the Receivership Order will be at risk of dismissal, pursuant to the disentitlement doctrine, unless he demonstrates compliance with the orders of this court and any other court from which the appeal is taken.

DISPOSITION

The appeals are consolidated for decision and dismissed. Havens shall bear the receiver’s costs on appeal.

_________________________

BURNS, J.

WE CONCUR:

_________________________

SIMONS, Acting P. J.

_________________________

NEEDHAM, J.

A149113, A150785, A150903, A151294, A151848, A151865, A151903, A151978, A151979, A151980, A152835, A153035, A154121, A154122, A154124, A154125, A154619, A154834, A156485, A157199, A157386, A157388, A157856

LG BURKE INC VS DAREN HAGEN

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Case Number: BC720131 Hearing Date: October 24, 2019 Dept: 31

DEFENDANTS’ MOTION TO COMPEL DISCOVERY IS GRANTED

Background

On September 4, 2018, Plaintiff LG Burke, Inc. file the instant action against Defendants Darren Hagen; WaterWater LLC; Full Spectrum Bottling, LLC; Nicholas Myers; the Myers Law Group; and Does 1 through 50. On July 23, 2019, Plaintiff filed the Second Amended Verified Complaint (“SAVC”). The SAVC asserts causes of action for:

Fraud – Intentional Misrepresentation;

Fraud – Fraudulent Concealment;

Breach of Contract (or Alternate Specific Performance); and

Promissory Estoppel.

Defendant Darren Hagen (hereinafter “Defendant”) filed the instant motion on September 9, 2019.

Legal Standard

For a motion to compel initial discovery responses, all a propounding party must show is that it properly served its discovery requests, that the time to respond has expired, and that the party to whom the requests were directed failed to provide a timely response. (See Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905 906.) Indeed, “[o]nce [a party] ‘fail[ed] to serve a timely response,’ the trial court had authority to grant [opposing party’s] motion to compel responses.” (Sinaiko Healthcare Counseling, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 405.) By failing to respond, the offending party waives any objection to the demand. (Code Civ. Proc. § 2030.290(a).)

A court shall impose monetary sanctions if the motion to compel is granted, unless the one subject to sanction acted with substantial justification or other circumstances would make the imposition of the sanction unjust. (See Code of Civil Proc., § 2025.450(g)(1).)

Discussion

Defendant moves for an order compelling complete, code-compliant, and verified responses without objections to his Requests for Production, Set One, and any and all documents responsive thereto within five (5) days of the hearing on the motion.

Defendant argues that on or about April 15, 2019, Defendant propounded an initial set of discovery via U.S. Mail to Plaintiff’s counsel, including Defendant’s Requests for Production, Set One. (Burton Decl. ¶ 2-4.) Defendant asserts that accordingly, Plaintiff’s responses were due on Monday, May 20, 2019. (Burton Decl. ¶ 5.) Defendant contends that despite an extension to that deadline, Plaintiff has not provided any responses to date. (Burton Decl. ¶ 14.)

Based on the foregoing, the Court finds that Defendant properly served his discovery requests, the time to respond has expired, and Plaintiff has failed to provide a timely response. Accordingly, Defendant’s motion to compel is GRANTED.

Sanctions

Defendant seeks $1,885.00 in sanctions against Plaintiff and its counsel of record, Ralph E. Harrison II, consisting of 3.8 hours preparing the moving papers, an additional 1.5 hours anticipated to prepare a reply, and 1 hour to attend the hearing billed at a rate of $250, 2 hours of travel time billed at a rate of $125 an hour, and the $60 filing fee.

The Court finds that the amount requested is unreasonable given the relative simplicity of the motion and the lack of an opposition. Accordingly, the Court grants reduced sanctions in the amount of $810.00 for 2 hours spent preparing the moving papers and 1 hour for attendance at the hearing billed at a rate of $250 plus the $60 filing fee.

Conclusion

Defendant’s motion to compel is GRANTED. Defendant is ordered to provide complete, code-compliant, and verified responses without objections to Defendant’s Requests for Production, Set One, and any and all documents responsive thereto within five (5) days of this order. Plaintiff and its counsel of record, Ralph E. Harrison II, are ordered to pay sanctions in the amount of $810 to Defendant within thirty (30) days.

Moving party to give notice.


MONIQUE KAL MCCLENDON VS URBAN STREET PROPERTIES, INC

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Case Number: 18STCV01616 Hearing Date: October 24, 2019 Dept: 34

Moving Party: Monique Kal McClendon, individually and as Guardian ad Litem for Justin Amoray Williams-McClendon

Resp. Party: Urban Street Properties, Inc.; Shelter First, LLC; and Robert Compean

The motion to compel responses to request for production of documents is GRANTED.

The Court awards sanctions of $1,460.00 against defendants and their counsel of record.

BACKGROUND:

Monique Kal MClendon, individually and as Guardian ad Litem for Justin Amoray Williams-McClendon (jointly, “Plaintiffs”) commenced this action on October 17, 2018, against Defendants Urban Street Properties, Inc.; Shelter First LLC; and Robert Compean, individually and as Trustee of the Compean Family Trust Dated February 15, 2000 (collectively, “Defendants”).

Plaintiffs allege they were subjected to various illegal conditions that poisoned Justin Amoray Williams-McClendon during their tenancy and occupancy of real property located at 10511 South Hoover St., Los Angeles, California, 90044, a single-family residence held out for rent.

On August 22, 2019, the Court granted Plaintiffs’ motions to compel further responses to (1) request for production of documents; (2) special interrogatories; and (3) form interrogatories and Plaintiffs’ request for sanctions.

On October 1, 2019, Plaintiffs filed the instant motion to compel requests for production, set three and request for monetary sanctions.

On October 4, 2019, the Court (1) granted leave to file an amended and supplemental complaint; (2) denied Plaintiffs’ motion for sanctions; (3) granted Plaintiffs’ motion to compel production of documents pursuant to subpoenas and sanctions.

ANALYSIS:

Plaintiffs “move for an order compelling defendants Urban Street Properties, Inc., Shelter First, LLC and Robert Compean (hereinafter ‘defendants’) to provide a full and complete responses to plaintiffs’ Requests for Production, Set Three (3) (‘Motion’).” (Motion, pp. 1:26-2:3.) Plaintiffs also “move for an award of sanctions against defendants and their counsel, jointly and severally, in the amount of $1,460.00.” (Id. at p. 2:4-6.)

A. Relevant Law

California Code of Civil Procedure requires a response from the party to whom requests for production are propounded within 30 days after service of the requests. (Code Civ. Proc., § 2031.260(a).) If a party fails to serve timely responses, “the party making the demand may move for an order compelling response to the demand.” (Code Civ. Proc. § 2031.300(b).) By failing to respond, the offending party waives any objection to the demand. (Code Civ. Proc. § 2031.300(a).)

For a motion to compel, all a propounding party must show is that it properly served its discovery requests, that the time to respond has expired, and that the party to whom the requests were directed failed to provide a timely response. (See Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905 906.) Indeed, “[o]nce [a party] ‘fail[ed] to serve a timely response,’ the trial court had authority to grant [opposing party’s] motion to compel responses.” (Sinaiko Healthcare Counseling, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 405.)

B. Discussion

1. Motion to Compel

Plaintiffs assert that “on July 19, 2019, plaintiffs served identical sets of Requests for Production, Set Three (3) on all three (3) defendants” and “the deadline for defendants to respond was August 23, 2019” but “Defendants never served any responses to this third set of requests.” (Motion, pp. 4:28-5:3 [citing Mitcheltree Decl., ¶ 3].)

Plaintiffs explain that their “third set of production requests seeks three (3) categories of documents from defendants, who are experienced property owners and managers that own and/or manage multiple properties.” (Id. at p. 5:5-7.) Plaintiffs state that “the categories sought are 1) documents regarding any lead inspections at any property defendants own or manage, 2) documents regarding any lead abatement or containment done at any property defendants own or manage, and 3) all disclosure statements regarding the physical condition of the property given to the buyer who purchased the property from defendants after plaintiffs moved out.” (Id. at p. 5:7-11 [citing Mitcheltree Decl., ¶ 4].)

Plaintiffs argue that “this Court should compel defendants to produce the lead reports, abatement documents and lead disclosures requested in plaintiffs’ third set of requests for production” and “award plaintiffs[’] attorney’s fees and costs incurred in preparing this Motion against defendants and their counsel of record.” (Id. at p. 6:2-5.)

In opposition, Defendants argue that Plaintiffs’ motion should be denied because (1) Defendants have belatedly served responses that are in substantial compliance with Cal. Code. Civ. Proc. § 2031.210-2031.2401; (2) Defendants have agreed to produce responsive documents on or before October 18th; and (3) Defendants’ prior failure to serve objections and responses was the result of “mistake, inadvertence or excusable neglect.” (Opp., p. 1:9-16.)

Defendants assert that “while the actual requests themselves are overbroad and burdensome, prior counsel failed to timely serve objections or responses.” (Id. at p. 1:4-6.) Defendants argue that their “present counsel, Callahan and Blaine, APLC, only substituted into this matter on September 26th — merely 10 court days ago” and “since substituting into this matter, Defendants’ present counsel has worked to resolve outstanding discovery issues and prepare the matter for trial.” (Id. at p. 1:6-9.) Defendants maintain that “there was obvious mistake, inadvertence, and excusable neglect on the part of prior counsel” and prior counsel acknowledges in his declaration that (1) “his paralegal suffered an injury and was no longer able to fulfill her duties related to calendaring and deadlines” and (2) “ ‘by mistake, inadvertence, surprise and/or excusable neglect responses and objections to Plaintiffs’ Request for Production Set No. 3 were not served.’” (Id. at p. 3:11-16 [citing (Carpenter Decl., ¶ 6].)

Defendants argue that they have served compliant responses in accordance with Code of Civil Procedure section 2031.300 because “on October 10, 2019, the Nonparties served responses on the Plaintiffs to the instant set of Requests.” (Id, at p. 3:24-25.)

In reply, which was filed on October 17, 2019, Plaintiffs argue that Defendants’ opposition is meritless because “Defendants have not served responses in substantial compliance with Code of Civil Procedure, Sections 2031.210-2031.240 because they have not yet served any responsive documents on plaintiffs as of the date of this reply.” (Reply, p. 2:5-7.) Plaintiffs acknowledge that “Defendants served their untimely responses to plaintiffs’ third set of RFPs October 10, 2019” but argues that “the late responses did not comply with Code of Civil Procedure, Sections 2031.220- 2031.240.” (Id. at p. 3:4-5.) Plaintiffs explain that “the first three pages of the responses are general objections[; e]ach individual response contains another 15 lines of objections[; and a]fter all these objections, defendants agree to produce responsive documents.” (Id. at p. 3:6-8.) Plaintiffs argue that despite the responses of objections, “defendants have not yet served responsive documents on plaintiffs as of the date of this reply” and thus “have not served code-compliant responses.” (Id. at p. 3:8-10.)

The Court finds that Plaintiffs are entitled to an order compelling compliance with their requests for production of documents, set three because Defendants have failed to produce documents responsive to these discovery requests.

The Court GRANTS Plaintiffs’ motion to compel requests for production, set three.

2. Sanctions

Code of Civil Procedure section 2023.010(d) provides for sanctions for misuses of the discovery process, including failing to respond to or submit an authorized method of discovery. Code of Civil Procedure section 2023.030(a) provides:

“The court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. The court may also impose this sanction on one unsuccessfully asserting that another has engaged in the misuse of the discovery process, or on any attorney who advised that assertion, or on both. If a monetary sanction is authorized by any provision of this title, the court shall impose that sanction unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code of Civ. Proc., § 2023.030(a).)

Plaintiffs seek sanctions against Defendants and their counsel, jointly and severally, in the amount of $1,460.00 for Defendants’ discovery misconduct. (Motion, pp. 7:27, 8:11-14 [citing Mitcheltree Decl., ¶¶ 7-9].) Plaintiffs note that “this is the fifth motion to compel plaintiffs have been forced to file to get the responses and documents to which they are entitled” and that “this Court has already awarded sanctions against defendants and their counsel in connection with three (3) other motions to compel, which were heard on August 22, 2019.” (Id. at p. 8:5-8.) Plaintiffs argue that “Defendants’ failure to provide responses and documents throughout the discovery process demonstrates that they are being extremely evasive and are abusing the discovery process.” (Id. at p. 8:8-10.)

Defendants assert that one of the employees of Defendant Urban Street, Gabrielle Oliveros, “has acknowledged that she was unaware of these discovery requests until she was approached by new counsel about the issue on October 1, 2019.” (Opp., p. 3:17-18.) Defendants maintain that they “were and remain willing to comply with their obligations under the law with respect to the Requests” and “Ms. Oliveros is already working to obtain and disclose responsive documents on or before October 18, 2019.” (Id. at p. 3:18-21.) Defendants argue that therefore, “the failure to respond to the Requests was the result of ‘mistake, inadvertence’ and ‘excusable neglect’ and will be cured forthwith.” (Id. at p. 3:21-22.)

Plaintiff is correct that this is the third motion to compel that the Court has granted. The fact that defendant has new counsel does not excuse its failure to respond to discovery; the fact that defendant has new counsel does not mean that Plaintiff’s counsel should not be compensated for the time she spent on this motion.

The Court awards sanctions of $1,460.00 against defendants and their counsel of record.

LINGCONG CANDY LI V MILK AND HONEY PICTURE FILMS INC

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Case Number: BC718200 Hearing Date: October 24, 2019 Dept: 48

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED; REQUEST FOR SANCTIONS

MOVING PARTY: Defendant Milk and Honey Films, Inc.

RESPONDING PARTY(S): Plaintiff Lingcong “Candy” Li

PROOF OF SERVICE:

Correct Address: Yes.
16/21 (CCP § 1005(b)): OK. Served by overnight delivery on April 17, 2019; notice of continuance served by overnight delivery on July 1, 2019.

Motion to deem RFAs admitted is MOOT.
GRANT request for sanctions in the reduced amount of $500.

DISCUSSION:

Motion for an Order Establishing Admissions

On July 3, 2019, Plaintiff served verified responses to requests for admission. Opposition, Exh. 7. As such, the motion is MOOT.

For a motion to deem admitted, “it is mandatory that the court impose a monetary sanction on the party or attorney whose failure to serve a timely response to requests for admission necessitated this motion. CCP § 2033.280(c).

Defendant’s request for sanctions is GRANTED in the reduced amount of $500 against Plaintiff and the Law Offices of Paul P. Cheng & Associates only, jointly and severally. Sanctions are to be paid to Defendant’s counsel within 10 days.

ANA ROSA SANCHEZ v. COUNTY OF LOS ANGELES

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Filed 10/24/19 Sanchez v. County of Los Angeles CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

ANA ROSA SANCHEZ,

Plaintiff and Appellant,

v.

COUNTY OF LOS ANGELES,

Defendant and Respondent. B289877

(Los Angeles County

Super. Ct. No. BC612949)

APPEAL from a judgment of the Superior Court of Los Angeles County, Gregory Keosian, Judge. Affirmed.

Cwiklo Law Firm and David Peter Cwiklo for Plaintiff and Appellant.

Collins Collins Muir + Stewart, Brian K. Stewart, Christian E. Foy Nagy and Adam A. Ainslie for Defendant and Respondent.

INTRODUCTION

A speeding car killed plaintiff Ana Rosa Sanchez’s son when the child crossed Hooper Avenue near East 77th Place in South Los Angeles. Plaintiff sued defendant County of Los Angeles (County) for her son’s death, alleging that a dangerous condition of the road contributed to the collision. County obtained summary judgment and plaintiff now appeals. She argues there are disputed issues of material fact about whether County was liable for a dangerous condition of the road. We conclude plaintiff failed to show that a dangerous condition caused the collision, and affirm summary judgment.

FACTS AND PROCEDURAL BACKGROUND

1. The Roadway
2.
The accident occurred on Hooper Avenue near its intersection with East 77th Place. Hooper Avenue was a four-lane road running north-south, with two lanes of traffic traveling in each direction. East 77th Place crossed Hooper Avenue perpendicularly. Hooper Avenue at this location was a flat and straight roadway with no visual obstructions. There was no crosswalk, stop light, or stop sign located on Hooper Avenue at its intersection with East 77th Place. The speed limit on this portion of the roadway was 30 miles per hour.

Parmelee Elementary, which had approximately 1,100 students, was on the east side of Hooper Avenue, between East 77th Place and 76th Place. The boundary line for the school was on East 77th Place. At the intersection of East 77th Place and Hooper Avenue, there was a convenience store called Carniceria Market on the southwest corner.

To the south of the collision location, East 78th Street ran parallel to 77th Place. And to the south of East 78th Street was Nadeau Street. The intersection of Nadeau Street and Hooper Avenue was a four-way signal controlled intersection with marked crosswalks. Even farther south was the four-way signal controlled intersection at Firestone Boulevard and Hooper Avenue. To the north of the collision was the intersection of Hooper and Florence Avenue, which also had a traffic signal.

We have attached as Appendix A, two pages from County’s May 2014 traffic survey of Hooper Avenue, which County attached to its motion for summary judgment as exhibit C. The images show the roadway and traffic signal placement on Hooper Avenue as it existed at the time of the collision.

3. Fatal Collision
4.
After dark at 9:50 p.m. on May 6, 2015, plaintiff’s son, 13-year-old Jarek Trejo, walked eastward from a taco truck towards his home. Trejo crossed Hooper Avenue from west to east mid-block between 77th Place and 78th Street. He crossed at about 143 feet south of 77th Place.

Driver Alex Lopez-Garcia started his northbound trip from the curb in front of his house on Hooper Avenue south of the Nadeau Street traffic-signal controlled intersection. Lopez-Garcia was speeding in the northbound number one lane (the lane closest to the center of the road) on Hooper Avenue in his Ford Mustang when he struck and killed Trejo. Lopez-Garcia testified he saw Trejo standing on the double-yellow lines on Hooper Avenue. At a half second before impact, Lopez-Garcia braked and attempted to swerve to the left to avoid colliding with Trejo. Lopez-Garcia struck Trejo with the front right of his vehicle. Lopez-Garcia testified his estimated speed at the time of impact was 40 to 50 miles per hour. Equipment retrieved from the Mustang suggested Lopez-Garcia’s estimated speed at the time of impact was 80 miles per hour. Trejo was either carrying or riding a skateboard when he began to cross Hooper Avenue, mid-block, near an alleyway.

Due to the high-speed impact, Trejo was thrown 103 feet forward through the air before making first contact with the ground. Trejo ultimately landed within the intersection of Hooper Avenue and 77th Place.

Several people witnessed the collision and described it to police. One witness stated that after Trejo began crossing the street, he stopped in the middle of the roadway as a white Honda approached in the northbound lanes on Hooper Avenue at a high rate of speed. That Honda passed Trejo without incident and Trejo looked to his right before continuing east across Hooper. Trejo was then struck by Lopez-Garcia. A second witness confirmed that a vehicle was traveling northbound in front of Lopez-Garcia. Lopez-Garcia testified that there was a Honda traveling in front of him just prior to the collision.

5. Lawsuit
6.
On October 23, 2015, plaintiff (victim Trejo’s mother) served her Government Code section 910 claim against County. On March 8, 2016, Sanchez brought a lawsuit for wrongful death against County for dangerous condition of public property, Southern California Edison for negligence, Lopez-Garcia (the driver) for negligence, and Lopez-Garcia’s parents for negligent entrustment. Only the claim against County is at issue on appeal and we do not discuss the claims against the other parties any further.

7. County’s Motion for Summary Judgment
8.
On October 23, 2017, County moved for summary judgment on several grounds: (1) there was no dangerous condition as a matter of law; (2) the condition of the roadway was not the proximate cause of Trejo’s injuries; (3) County did not have actual or constructive notice of the condition; and (4) the roadway was constructed in accordance with design plans reasonably approved by a County employee having discretionary approval for same.

On December 28, 2017, Sanchez served her opposition to the motion for summary judgment. She relied heavily a declaration from her expert witness, Edward Ruzak, who attested to the existence of a dangerous condition. He stated that County knew of the dangerous condition for five years before the accident, explained how pedestrians had insufficient time to cross Hooper Avenue based on the maintenance of existing traffic controls, opined County should have studied the traffic gaps to inform its road maintenance, and observed County had previously removed a crosswalk from the relevant intersection. Ruzak also identified other alleged defects in the road related to the lack of a crosswalk, traffic controls, and lighting. The relevant details of his declaration are described in detail below.

On January 5, 2018, County served its reply brief. County objected to Ruzak’s opinions and requested $4,950.00 in sanctions for Sanchez’s allegedly “bad faith” submission of Ruzak’s opposition declaration.

9. The Court Granted Summary Judgment
10.
On March 12, 2018, the trial court sustained several of County’s evidentiary objections to Ruzak’s opinion, and granted summary judgment in favor of County. The court denied the request for $4,950.00 attorney’s fees.

The court sustained those objections that primarily related to Ruzak’s conclusion that Trejo’s death was in part caused by County’s maintenance of traffic signals on Hooper. It was Ruzak’s opinion that the traffic patterns that did not allow pedestrians sufficient time to cross the road. We go into further detail about these rulings below.

The court concluded that Sanchez failed to produce substantial responsive evidence to rebut County’s showing that no dangerous condition existed. The court stated, “[m]uch of this evidence goes only to show that Hooper [Avenue] was highly trafficked by vehicles moving at high speeds, which alone is not a dangerous condition for which a public entity may be liable. . . . Likewise, reports of collisions in the general vicinity of the intersection, but not at the intersection at issue, do not establish that the intersection in question was dangerous. Even reports of collisions at the same intersection would require a showing that they ‘occurred under substantially the same circumstances’ to be probative of the intersection’s dangerousness.” The court also concluded that the lack of a traffic gap study by County did not show that inadequate gaps exist.

The court summarized, “Sanchez has responded to the County’s motion with evidence that the subject intersection was dark, highly trafficked, and unmarked.” The court likened plaintiff’s case to Mixon v. Pacific Gas & Electric Co. (2012) 207 Cal.App.4th 124 (Mixon), and held that none of the factors identified by plaintiff individually or collectively created a dangerous condition.

On April 6, 2018, judgment was entered. On April 13, 2018, County served Notice of Entry of Judgment.

11. County’s Motion for Defense Costs
12.
On April 2, 2018, County filed a motion for defense fees and costs, seeking $297,938.57 against Sanchez pursuant to Code of Civil Procedure section 1038 and arguing that Sanchez’s lawsuit was “brought without reasonable cause and without a good faith belief there was a controversy under the facts and law.” On April 8, 2018, Sanchez opposed County’s motion asserting that her suit was brought in good faith. Sanchez resubmitted Ruzak’s expert witness declaration from her opposition to the motion for summary judgment, Ruzak’s similar December 13, 2012 declaration filed in a dangerous condition of the road case called Killings-Rodriguez et al. v. City of Los Angeles (Feb. 17, 2015, B248707 [nonpub. opn.]), and excerpts from the unpublished appellate decision in Killings-Rodriguez where the Court of Appeal reversed summary judgment that had been awarded in favor of a public entity based in part on Ruzak’s declaration analyzing the dangerous condition of road involved in that collision.

On May 1, 2018, the trial court granted Sanchez’s Evidence Code section 452 request to take judicial notice of Ruzak’s September 13, 2012 declaration from Killings-Rodriguez, but sustained County’s objection to the request to take judicial notice of the unpublished Killings’-Rodriguez opinion. County’s Motion for defense fees was denied, except for statutory costs of $6,909.17.

On May 2, 2018, Sanchez timely filed her notice of appeal.

DISCUSSION

On appeal, Sanchez seeks reversal of the March 12, 2018 order granting County’s motion for summary judgment and associated evidentiary rulings that excluded portions of expert Ruzak’s opinions, and the court’s denial of plaintiff’s request for judicial notice associated with the County’s motion for defense fees.

1. Standards of Review
2.
“[F]rom commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law. That is because of the general principle that a party who seeks a court’s action in his favor bears the burden of persuasion thereon. [Citation.] There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof. . . . [¶] [T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a prima facie showing of the existence of a triable issue of material fact. . . . A prima facie showing is one that is sufficient to support the position of the party in question.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850–851, fns. omitted.)

“We review an order granting summary judgment de novo. [Citation.] The trial court’s stated reasons for granting summary judgment are not binding because we review its ruling not its rationale. [Citation.] In addition, a summary judgment motion is directed to the issues framed by the pleadings. [Citation.] These are the only issues a motion for summary judgment must address.” (Canales v. Wells Fargo Bank, N.A. (2018) 23 Cal.App.5th 1262, 1268–1269.)

“We review the trial court’s evidentiary rulings made in connection with a summary judgment motion for abuse of discretion.” (Mitchell v. United National Ins. Co. (2005) 127 Cal.App.4th 457, 467.)

3. Court Abused its Discretion in Excluding Portions of Ruzak’s Expert
4.
We first address the trial court’s order sustaining defense objections to portions of the declaration submitted by plaintiff’s expert, Ruzak, in opposition to summary judgment.

a. Objections and Ruling
b.
County submitted 33 objections to Ruzak’s declaration. The court sustained five of those objections, all relating to Ruzak’s conclusion that County’s maintenance of traffic signals created a traffic pattern that did not provide pedestrians sufficient time to cross the street. County argued that Ruzak’s statements were improper expert opinion because they were speculative, not based on a reasoned explanation, lacking foundation, and not relevant.

The statements the court sustained objections to were as follows:

• “Essentially an intersection like Hooper Avenue and East 77th Place requires pedestrians to ‘weave and slalom’ across the intersection in between moving cars, because the traffic signal timing patterns at adjacent intersections that are controlled by the County of Los Angeles with traffic signals do not create sufficient gaps in the flow of traffic to allow pedestrians to cross safely Hooper Avenue.”

• “Pedestrians crossing Hooper Avenue essentially get trapped in the intersection due to the length of time it takes to cross, the inadequate gaps in traffic and the difficulty appreciating the danger of the oncoming speeding motor vehicles.”

• “An average speed of 50 miles per hour is approximately 73 feet per second. In order to stop an average vehicle, the guidelines utilized by County of Los Angeles required 2.5 seconds of perception and reaction time added to the braking distance of a vehicle traveling 50 miles per hour. The calculation comes out that a motorist northbound on Hooper Avenue would need 305 feet in order to perceive, react and stop for a pedestrian in the Hooper Avenue and East 77th Place crosswalk.”

• “It was the lack of gaps in traffic created by the traffic signal timing on Hooper Avenue signalized intersections to the north and south that created the trap at the subject accident location. The traffic timing at the adjacent intersections prevents reasonable gaps in traffic flow, forcing the pedestrians to stand on the corner for extended periods of time waiting for cars to voluntarily stop to allow them the opportunity to cross the street.”

• “At the same time the traffic patterns do not allow sufficient gaps for pedestrians, particularly school aged children to cross. It is the convergence of all of these factors which are not known to the motorist, not appreciated by the pedestrian crossing Hooper Avenue that lead to a trap in the intersection, resulting in a number of pedestrians hit by cars; all of which could have and should have been avoided prior to the accident on May 6, 2015.”

In explaining why these excerpts were inadmissible, the court stated: “Ruzak bases his traffic-gap conclusion on the County’s evident failure to conduct a traffic-gap study before it installed a pedestrian walkway at another nearby intersection. . . . Ruzak then proceeds to declare that ‘the traffic signal timing patterns at adjacent intersections that are controlled by the County of Los Angeles with traffic signals do not create sufficient gaps in the flow of traffic to allow pedestrians to safely cross Hooper Ave[nue].’ . . . It is entirely unclear how Ruzak arrives at this conclusion. The absence of a traffic-gap study is not sufficient evidence for this conclusion, as such a study might well have found that the traffic gaps on Hooper Avenue were adequate for pedestrian safety. And although Ruzak states that he inspected the relevant intersection on October 18, 2016 . . . , he does not state that he himself performed any similar study or tests to measure the adequacy of traffic gaps at or near that location. His testimony regarding the adequacy of traffic gaps on Hooper Avenue is therefore unsupported and inadmissible.”

c. Applicable Law
d.
Evidence Code sections 801 and 802 provide the framework for the trial court to admit or exclude expert opinion. In Sargon Enterprises, Inc. v. University of Southern California (2012) 55 Cal.4th 747 (Sargon), the Supreme Court explained: “ ‘An expert opinion has no value if its basis is unsound. [Citations.] Matter that provides a reasonable basis for one opinion does not necessarily provide a reasonable basis for another opinion. Evidence Code section 801, subdivision (b), states that a court must determine whether the matter that the expert relies on is of a type that an expert reasonably can rely on “in forming an opinion upon the subject to which his testimony relates.” (Italics added.) We construe this to mean that the matter relied on must provide a reasonable basis for the particular opinion offered, and that an expert opinion based on speculation or conjecture is inadmissible.’ ” (Id. at p. 770.) Under “Evidence Code section 801, the trial court acts as a gatekeeper to exclude speculative or irrelevant expert opinion.” (Ibid.)

Evidence Code section 802 provides: “A witness testifying in the form of an opinion may state . . . the reasons for his opinion and the matter . . . upon which it is based, unless he is precluded by law from using such reasons or matter as a basis for his opinion. The court in its discretion may require that a witness before testifying in the form of an opinion be first examined concerning the matter upon which his opinion is based.” In reviewing the exclusion of expert testimony from a trial, the Supreme Court in Sargon stated that this section “indicates the court may inquire into the expert’s reasons for an opinion. It expressly permits the court to examine experts concerning the matter on which they base their opinion before admitting their testimony. The reasons for the experts’ opinions are part of the matter on which they are based just as is the type of matter.” (Sargon, supra, 55 Cal.4th at p. 771.) Under Evidence Code section 802, “a court may inquire into, not only the type of material on which an expert relies, but also whether that material actually supports the expert’s reasoning. ‘A court may conclude that there is simply too great an analytical gap between the data and the opinion proffered.’ ” (Ibid.)

In Garrett v. Howmedica Osteonics Corp. (2013) 214 Cal.App.4th 173, 189 (Garrett), the Court of Appeal explained how Evidence Code section 802 operates in the context of an opposition to a motion for summary judgment. The appellate court stated: “The trial court here did not conduct an evidentiary hearing, and there was no examination of an expert witness pursuant to Evidence Code section 802. Absent more specific information on the testing methods used and the results obtained, the trial court here could not scrutinize the reasons for [the expert]’s opinion to the same extent as did the trial court in Sargon.” (Ibid.) The Court of Appeal concluded that the absence of such detailed information, which was typically elicited during a court’s inquiry at trial under Evidence Code section 802, did not justify the exclusion of the expert’s testimony in opposition to summary judgment. (Ibid.)

“The rule that a trial court must liberally construe the evidence submitted in opposition to a summary judgment motion applies in ruling on both the admissibility of expert testimony and its sufficiency to create a triable issue of fact. [Citations.] In light of the rule of liberal construction, a reasoned explanation required in an expert declaration filed in opposition to a summary judgment motion need not be as detailed or extensive as that required in expert testimony presented in support of a summary judgment motion or at trial.” (Garrett, supra, 214 Cal.App.4th at p. 189.)

e. Abuse of Discretion
f.
Applying the more deferential abuse of discretion standard, we conclude that the trial court erred when it excluded the statements made by Ruzak in his declaration. The trial court honed in on Ruzak’s testing methods and excluded his testimony because it lacked detail about how he came to his conclusions regarding traffic gaps, noting that Ruzak did not perform a traffic-gap study at the intersection in question. Yet, as Garrett explains, this level of scrutiny is improper when evaluating the expert’s testimony in an opposition to summary judgment. Considering the rule of liberal construction, the fact Ruzak did not perform a traffic-gap study goes to the weight, not the admissibility of his opinions.

Ruzak’s conclusions were neither speculative nor unsupported. As the trial court observed, Ruzak visited the roadway and examined the location of the collision in person. He calculated the time it would take a pedestrian to cross the intersection, and, based on his observations, concluded the traffic flow did not provide pedestrians sufficient time to cross. To require more from plaintiff’s expert in an opposition to summary judgment is at odds with the rule of liberal construction of summary judgment opposition.

We conclude that these expert statements were improperly excluded by the trial court.

5. Although There Was a Factual Dispute About the Existence of a Dangerous Condition, Summary Judgment Was Proper Because Plaintiff Could Not Prove Proximate Cause
6.
Plaintiff’s sole cause of action against County was for a dangerous condition of public property. “Section 835, subdivision (b) provides that a public entity is liable for injury proximately caused by a dangerous condition of its property if the dangerous condition created a reasonably foreseeable risk of the kind of injury sustained, and the public entity had actual or constructive notice of the condition a sufficient time before the injury to have taken preventive measures.” (Cornette v. Department of Transportation (2001) 26 Cal.4th 63, 68 (Cornette).)

The elements of a dangerous condition cause of action are: “(1) a dangerous condition existed on the public property at the time of the injury; (2) the condition proximately caused the injury; (3) the condition created a reasonably foreseeable risk of the kind of injury sustained; and (4) the public entity had actual or constructive notice of the dangerous condition of the property in sufficient time to have taken measures to protect against it.” (Brenner v. City of El Cajon (2003) 113 Cal.App.4th 434, 439.)

In moving for summary judgment, County argued that there was no dangerous condition, there was no causal relationship between the condition of the road and Trejo’s death, and even if a dangerous condition existed, County did not have notice or sufficient time to remedy it. We first explain why a single identifiable dangerous condition existed and then how it was not a cause of the collision.

a. A Dangerous Condition Existed
b.
Plaintiff’s opposition raised a triable issue of fact that Hooper Avenue was a dangerous condition in the vicinity of the collision. Plaintiff claims several factors contributed to the danger. We find only one under California law.

i. Failure to Install Traffic Controls and Mark the Crosswalk
ii.
Plaintiff produced evidence that County failed to install traffic control devices south of Parmelee Elementary School (as it had placed north of the school). Plaintiff argued that its evidence showed that, unlike southbound Hooper Avenue, the northbound traffic – the direction Lopez-Garcia was driving – had “no overhead pedestrian sign, no double flashing beacons, no highly visible yellow painted marked crosswalk, no second pedestrian median island pedestrian sign, no third pedestrian warning sign located on the sidewalk to slow what the County knew was the high speed traffic northbound on Hooper Avenue, to allow safe pedestrian crossing of Hooper Avenue south of Parmelee Elementary School.”

In its summary judgment motion, the County argued it was not liable for defective traffic control devices or markings under section 830.4. That statute provides: “A condition is not a dangerous condition within the meaning of this chapter merely because of the failure to provide regulatory traffic control signals, stop signs, yield right-of-way signs, or speed restriction signs, as described by the Vehicle Code, or distinctive roadway markings as described in [s]ection 21460 of the Vehicle Code.”

A public entity may only be liable where a dangerous condition “exists for reasons other than or in addition to the ‘mere[]’ failure to provide such controls or markings.” (Washington v. City and County of San Francisco (1990) 219 Cal.App.3d 1531, 1536 (Washington).)

The County also relied on section 830.8 which states: “Neither a public entity nor a public employee is liable under this chapter for an injury caused by the failure to provide traffic or warning signals, signs, markings or devices described in the Vehicle Code.”

Section 830.8 does have a caveat: “Nothing in this section exonerates a public entity or public employee from liability for injury proximately caused by such failure if a signal, sign, marking or device (other than one described in [s]ection 830.4) was necessary to warn of a dangerous condition which endangered the safe movement of traffic and which would not be reasonably apparent to, and would not have been anticipated by, a person exercising due care.” To fall within this exception there must be a failure of a traffic control device that was designed to warn of an otherwise dangerous condition. (See Pfeifer v. County of San Joaquin (1967) 67 Cal.2d 177, 184 [exceptions to section 830.8 “do not come into play until existence of a ‘dangerous condition’ within the statutory definition is first shown”]; Mixon, supra, 207 Cal.App.4th at p. 136 [dangerous condition “may require the posting of a warning sign but the absence of a warning sign itself is not a dangerous condition”].)

In considering whether there was a triable issue of fact that the roadway was dangerous, we put aside for now the evidence that Hooper Avenue had insufficient traffic gaps which we discuss in Part IV. Hooper Avenue was straight, and had no visual obstructions or unobvious conditions. The only contrary evidence dealt with the darkness of the street at night. Pursuant to sections 830.4 and 830.8, County was not liable for failing to install traffic regulatory devices or paint a crosswalk at or near the location of the collision. (Cf. Washington, supra, 219 Cal.App.3d at p. 1535 [the intersection was dangerous not only because of the absence of regulatory traffic devices but also because of the vision limitations created by metal pillars and a freeway overpass].)

We also conclude that the removal of the crosswalk years before this accident also did not constitute a dangerous condition. First, as explained above, the County is not obligated to install a crosswalk. Second, there is no evidence that Trejo relied on the removed crosswalk in crossing the street. In fact, the evidence showed that Trejo crossed mid-block, over a hundred feet from the intersection.

iii. Dysfunctional Street Lights
iv.
Plaintiff argues that poor lighting created a dangerous condition because there were seven street lights in the vicinity of the collision and only three were working. His argument to the trial court was: “The County was responsible for the installation and maintenance of these [four] non-functioning streetlights, installed for the benefit of the general public, pedestrian Jarek and motorist [Lopez]-Garcia, which could have illuminated Jarek, made him more visible to [Lopez]-Garcia to eliminate any pedestrian-vehicle conflict, a proximate cause of Jarek’s death. A lit Hooper Avenue was safer for pedestrian crossing than an unlit Hooper Avenue.” (Fn. omitted.)

Plaintiff ignores the rule that a “public entity is under no duty to light its streets. [Citation.] (Mixon, supra, 207 Cal.App.4th at p. 139.) ‘ “In the absence of a statutory or charter provision to the contrary, it is generally held that a municipality is under no duty to light its streets even though it is given the power to do so, and hence, that its failure to light them is not actionable negligence, and will not render it liable in damages to a traveler who is injured solely by reason thereof.” ’ [Citation.] A duty to light, ‘and the consequent liability for failure to do so,’ may arise only if there is ‘some peculiar condition rendering lighting necessary in order to make the streets safe for travel.’ [Citation.] In other words, a prior dangerous condition may require street lighting or other means to lessen the danger but the absence of street lighting is itself not a dangerous condition.” (Id. at p. 133.)

v. High volume, high speed
vi.
In opposing summary judgment, plaintiff argued that Hooper was a “high-speed, high-volume, . . . dangerous condition . . . .” Volume and speed alone do not constitute a dangerous condition. As the Court of Appeal explained in Brenner v. City of El Cajon (2003) 113 Cal.App.4th 434, “the volume and speed of vehicular traffic” on the roadway “would not permit a finding of a dangerous condition, at least in the absence of some additional allegation that the physical characteristics of [the street] created a substantial risk that a driver using due care while traveling along [the street] would be unable to stop for pedestrians who were using due care while crossing [the street].” (Id. at p. 440; see Mittenhuber v. City of Redondo Beach (1983) 142 Cal.App.3d 1, 7 [heavy use of road did not create dangerous condition; downward slope of road that encouraged speeding was not a dangerous condition].)

In Bonanno v. Central Contra Costa Transit Authority (2003) 30 Cal.4th 139, the Supreme Court explained that a dangerous condition is a physical characteristic of the road or improvement’s affect on the roadway. “Most obviously, a dangerous condition exists when public property is physically damaged, deteriorated, or defective in such a way as to foreseeably endanger those using the property itself. [Citations.] But public property has also been considered to be in a dangerous condition ‘because of the design or location of the improvement, the interrelationship of its structural or natural features, or the presence of latent hazards associated with its normal use.’ ” (Bonanno v. Central Contra Costa Transit Authority, supra, at pp. 148–149, italics omitted.)

Plaintiff failed to identify a particular physical condition or improvement that made the road dangerous such that the volume and speed of motorists could be a factor. The roadway was straight, without visual obstructions or unobvious conditions.

vii. Traffic Signals Creating Insufficient Traffic Gaps for Pedestrians
viii.
Relying on statements by traffic engineer expert Ruzak, plaintiff argued that there were insufficient traffic gaps for pedestrians to cross and that the manner in which traffic signals (one of County’s improvements to the roadway) were operated created a dangerous condition. A traffic gap is “the time that elapses from when the rear of a vehicle passes a point on the roadway until the form of the next arriving vehicle passed, from either direction, at that same point.” “The minimum adequate gap was defined as the time . . . for a pedestrian to perceive and react to the traffic situation and cross the roadway from a point of safety on one side to a point of safety on the other side.” Ruzak explained that “[t]he County can change or alter the gap timing on Hooper Avenue by altering existing traffic control devices or by installing new traffic control devices.”

Ruzak attested that that County’s maintenance of traffic signals north and south of the collision created insufficient traffic gaps for pedestrians to cross four lanes of traffic on Hooper Avenue. Ruzak opined the County should have conducted traffic gap study “to ensure pedestrians traveling at [four feet] per second had sufficient time to cross the 57’3” wide Hooper Avenue between the stream of cars because of the traffic signal devices to the north (Florence Avenue) and to the south (Firestone Boulevard), which [sic] created a ‘pedestrian trap’ for the unwary.”

Ruzak also stated, “It was the lack of gaps in traffic created by the traffic signal timing on Hooper Avenue signalized intersections to the north and south that created the trap at the subject accident location. The traffic timing at the adjacent intersections prevents reasonable gaps in traffic flow, forcing the pedestrians to stand on the corner for extended periods of time waiting for cars to voluntarily stop to allow them the opportunity to cross the street.”

Ruzak continued: “Essentially an intersection like Hooper Avenue and East 77th Place requires pedestrians to ‘weave and slalom’ across the intersection in between moving cars, because the traffic signal timing patterns at adjacent intersections that are controlled by the County of Los Angeles with traffic signals do not create sufficient gaps in the flow of traffic to allow pedestrians to cross safely Hooper Avenue.” Ruzak opined: “Pedestrians crossing Hooper Avenue essentially get trapped in the intersection due to the length of time it takes to cross, the inadequate gaps in traffic and the difficulty appreciating the danger of the oncoming speeding motor vehicles.”

It was Ruzak’s ultimate opinion that the improper timing of the signals, particularly at Florence Avenue on the north and Firestone Boulevard on the south created a dangerous condition to pedestrians crossing Hooper Avenue.

We conclude plaintiff created a disputed material fact regarding dangerous condition of the roadway through Ruzak’s expert opinion on traffic gaps.

c. The Dangerous Conditions Did Not Cause the Collision
d.
Our conclusion that there is a triable issue of fact that improper traffic gaps constituted a dangerous condition does not end our inquiry. On appeal and at summary judgment, County argued that traffic signal timing sequences did not cause the accident. The County bases its argument on the undisputed evidence that Lopez-Garcia did not proceed through the intersection of Hooper Avenue and Firestone Boulevard, where improperly timed signals would have created the insufficient traffic gap.

Section 835 requires a plaintiff to show that the public entity’s property was “in a dangerous condition at the time of the injury” and that “the injury was proximately caused by the dangerous condition.” (Cordova v. City of Los Angeles (2015) 61 Cal.4th 1099, 1106.) The California Supreme Court has recognized that “proximate cause has two aspects. ‘ “One is cause in fact. An act is a cause in fact if it is a necessary antecedent of an event.” ’ [Citation.] This is sometimes referred to as ‘but for’ causation.” (State Dept. of State Hospitals v. Superior Court (2015) 61 Cal.4th 339, 352.)

Here, the traffic signal timing was simply not a cause in fact of Trejo’s death. Lopez-Garcia started his northbound trip from the curb significantly north of the Firestone Boulevard intersection. Lopez-Garcia drove through two signal-controlled intersections at 83rd and Nadeau Streets before he struck Trejo. Plaintiff’s counsel confirmed at oral argument that the street lights at 83rd and Nadeau Streets, which were not specifically commented on by Ruzak, were inconsequential to the causation analysis. Rather, it was the alleged deficiency of the traffic signals at Firestone Boulevard (south) and Florence Avenue (north) which Ruzak testified was the dangerous condition. Witnesses stated that there was one white Honda driving in front of Lopez-Garcia and Lopez-Garcia testified that there were no other cars on the roadway. To the extent appellant contends that the presence of the additional car tends to support his position, there is no evidence that the white Honda drove through the intersection of Firestone and Hooper or that his mode of travel was affected by any traffic gap. There is no evidence that Trejo’s crossing of the street was affected by traffic patterns created by the lights identified by Ruzak. Accordingly, we see no triable issue of fact that insufficient traffic gaps between Firestone and Florence were a proximate cause either of Lopez-Garcia’s vehicle striking Trejo or any danger created by the white Honda. We therefore affirm summary judgment.

7. The Trial Court Did Not Err in Awarding County Its Costs
8.
Plaintiff argues the trial court committed reversible error by denying her request for judicial notice of the unpublished appellate opinion in Killings-Rodriguez v. City of Los Angeles. We observe that her request for judicial notice of this opinion was filed in conjunction with her opposition to County’s motion for $297,938.57 in defense costs and attorney’s fees sought pursuant to Code of Civil Procedure section 1038. It appears plaintiff wanted to cite the Killings-Rodriguez v. City of Los Angeles opinion to bolster Ruzak’s credentials and show her lawsuit was not frivolous under Code of Civil Procedure section 1038. The trial court ultimately denied County’s motion for defense fees, finding plaintiff’s lawsuit not frivolous. The court awarded statutory costs of $6,909.17 pursuant to Code of Civil Procedure section 1032. Plaintiff did not contest those charges.

As the trial court ruled in plaintiff’s favor on the defense costs and fees motion even if the denial of judicial notice was error, and we do not so find, we do not see how the ruling caused her any prejudice. We address this issue no further. To the extent plaintiff cites this unpublished case on appeal for principles of law, we disregard it. (See California Rules of Court, rule 8.1115(a) [“an opinion of a California Court of Appeal or superior court appellate division that is not certified for publication or ordered published must not be cited or relied on by a court or a party in any other action”].)

DISPOSITION

The judgment is affirmed. Defendant County of Los Angeles is awarded costs on appeal.

RUBIN, P. J.

WE CONCUR:

MOOR, J.

KIM, J.

APPENDIX A

ARROW DISPOSAL SERVICES, INC v. DAVID S. MILTON

$
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Filed 10/24/19 Arrow Disposal Services, Inc. v. Milton CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

ARROW DISPOSAL SERVICES, INC.,

Cross-Complainant and Respondent,

v.

DAVID S. MILTON et al.,

Cross-Defendants and Appellants.

B294294

(Los Angeles County

Super. Ct. No. BC643454)

APPEAL from an order of the Superior Court of Los Angeles County. Gregory W. Alarcon, Judge. Affirmed.

Gronemeier & Associates, Dale L. Gronemeier, and Elbie J. Hickambottom, Jr. for Cross-Defendants and Appellants.

No appearance for Cross-Complainant and Respondent.

* * * * * *

Two trash haulers previously in direct competition sued each other for engaging in unfair competition. One of the haulers alleged, in its lawsuit, that its competitor’s unfair practices included “fil[ing] frivolous lawsuits” to “extort[] settlements,” but curiously did not go on to base any of its unfair competition claims on that conduct. Citing this allegation, the other hauler filed a motion to dismiss the entire lawsuit under the anti-SLAPP law (Code Civ. Proc., § 425.16). The trial court denied the motion. We conclude this was correct, and affirm.

FACTS AND PROCEDURAL BACKGROUND

I. Facts

From about 2011 through 2016, Clean Up America, Inc. (Clean Up) and Arrow Disposal Services, Inc. (Arrow) were direct competitors in the trash hauling business. Clean Up declared bankruptcy in 2014, and ceased operations sometime in 2016.

II. Procedural History

A. The operative cross-complaint

After Clean Up sued Arrow in December 2016 for engaging in a number of unfair business practices, Arrow in June 2018 filed a cross-complaint against Clean Up, its two owners (the Potters), David Milton (Milton) and Janet Randolph (Randolph).

In the initial paragraphs of its cross-complaint, Arrow alleged that Clean Up had engaged in two different categories of unfair competition: (1) Clean Up, while it was still in operation, had “illegal[ly] dump[ed] . . . trash” at its own property, which (a) enabled it to avoid any “sorting” fees and thus “price its services well below [its competition],” and (b) allowed it to “‘steal’” Arrow’s customers by claiming that Arrow’s fees were higher “due to its inefficiency”; and (2) Clean Up, once it became defunct, started “fil[ing]” “frivolous,” “shakedown lawsuits” against “legitimate [trash hauling] business[es] . . . with the purpose of extorting settlements.”

Arrow then set forth four claims: (1) unlawful business practices (Bus. & Prof. Code, § 17200), (2) unfair business practices (ibid.), (3) interference with existing and prospective economic relationship, and (4) equitable relief under the Unfair Competition Law (ibid.). Although each claim incorporated the general allegations regarding both categories of unfair competition detailed above, Arrow’s allegations supporting each claim rested solely on the illegal dumping / customer stealing category of unfair competition.

The sole allegations against Milton and Randolph pertained to the “shakedown lawsuit[]” category of unfair competition: Arrow alleged that Milton “financed the operation when it ran out of cash” and that Randolph “provided services free of charge when [Clean Up] experienced financial difficulties.”

B. Anti-SLAPP litigation

In August 2018, Clean Up, the Potters, Milton and Randolph filed a motion to dismiss Arrow’s entire cross-complaint on the ground that it was “filed to interfere with [their] constitutional right to file lawsuits.”

After entertaining further briefing, and conducting a hearing, the trial court denied the motion. The court reasoned that the (1) cross-complaint did not rest on any “‘protected activity’” under the anti-SLAPP law because Arrow’s cross-claims were all based on the allegations regarding “illegal dumping[] and stealing customers,” not the allegations regarding “shakedown lawsuits,” such that the “shakedown lawsuit[]” allegations were only “incidental” to its cross-claims, and (2) Arrow had in any event shown that its unfair competition cross-claims had minimal merit.

C. Appeal

Milton and Randolph filed this timely appeal.

DISCUSSION

Milton and Randolph argue that the trial court erred in denying their anti-SLAPP motion. We independently review such a denial. (Optional Capital, Inc. v. Akin Gump Strauss Hauser & Feld LLP (2017) 18 Cal.App.5th 95, 112-113.) As we explain, there was no error.

The anti-SLAPP law “provides a procedure for weeding out, at an early stage, meritless claims arising from” activity that is protected by law. (Baral v. Schnitt (2016) 1 Cal.5th 376, 384 (Baral).) When a party moves to strike a cause of action (or portion thereof) under the anti-SLAPP law, a trial court must ask: (1) Has the moving party “made a threshold showing that the challenged cause of action arises from protected activity” (Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1056), and if it has, (2) has the nonmoving party demonstrated that the challenged cause of action has “minimal merit” by making “a prima facie showing of facts [sufficient] to sustain” a judgment in its favor? (Navellier v. Sletten (2002) 29 Cal.4th 82, 93-94; Baral, at pp. 384-385; § 425.16, subd. (b)(1).)

In assessing whether the challenged cause of action arises from protected activity (the first step), a court must ask “two subsidiary questions: (1) What conduct does the challenged cause of action ‘arise[] from’; and (2) is that conduct ‘protected activity’ under the anti-SLAPP [law]?” (Mission Beverage Co. v. Pabst Brewing Co., LLC (2017) 15 Cal.App.5th 686, 698.) In answering the first subsidiary question, a cause of action “arises from” protected activity when it is “based on” protected activity—that is, when the protected activity is the “‘“principal thrust or gravamen”’” or “‘core injury-producing conduct’” warranting relief. (City of Cotati v. Cashman (2002) 29 Cal.4th 69, 78; Colyear v. Rolling Hills Community Assn. of Rancho Palos Verdes (2017) 9 Cal.App.5th 119, 134.) However, a cause of action does not “arise from” “protected activity” “‘if the allegations of protected activity are only incidental to a cause of action [that is] based essentially on nonprotected activity.’ [Citation.]” (Peregrine Funding, Inc. v. Sheppard Mullin Richter & Hampton LLP (2005) 133 Cal.App.4th 658, 672; Sheley v. Harrop (2017) 9 Cal.App.5th 1147, 1169 [same] (Sheley); accord, Episcopal Church Cases (2009) 45 Cal.4th 467, 478 [when “protected activity” “lurk[s] in the background,” anti-SLAPP law does not apply].)

We agree with the trial court that none of Arrow’s cross-claims “arose from” the allegations involving the “shakedown lawsuits,” which are the only allegations that Milton and Randolph assert constitute “protected activity.” (See, Gaynor v. Bulen (2018) 19 Cal.App.5th 864, 880 [“filing petitions . . . in court . . . [is] protected . . . activit[y] under the anti-SLAPP statute”]; § 425.16, subd. (e)(2).) Instead, each of Arrow’s cross-claims was explicitly based upon Clean Up’s alleged misconduct of illegal dumping and lying to Arrow’s customers. Because Arrow did not allege that the shakedown lawsuits were what caused its injury (Martinez v. Metabolife Internat., Inc. (2003) 113 Cal.App.4th 181, 193 [a claim “arises from” the “wrongful injury-producing conduct”]; Park v. Board of Trustees of California State University (2017) 2 Cal.5th 1057, 1063 [same]), the allegations regarding shakedown lawsuits were “merely incidental” and “collateral” to Arrow’s claims (Sheley, supra, 9 Cal.App.5th at p. 1169). Thus, Milton and Randolph did not carry their burden under the first step of the anti-SLAPP analysis, and the trial court correctly denied their anti-SLAPP motion.

Milton and Randolph offer four arguments to the contrary.

First, they argue as a procedural matter that Arrow cannot assert that its cross-claims do not “arise from” the shakedown lawsuit allegations because Arrow did not take that position during the meet and confer process leading up to the filing of the anti-SLAPP motion. We reject this argument. Not only was the basis for Arrow’s cross-claims set forth in the cross-complaint itself, we are not bound in our independent review by the trial court’s reasoning in evaluating an anti-SLAPP motion (e.g., G.R. v. Intelligator (2010) 185 Cal.App.4th 606, 622)—and, by extension, are not bound by the parties’ positions in informal discussions preceding the filing of such a motion.

Second, Milton and Randolph contend that the trial court was wrong to assess whether the shakedown lawsuit allegations constituted the “‘gravamen’” of Arrow’s cross-claims (or were instead merely “incidental” to those claims) because our Supreme Court in Baral, supra, 1 Cal.5th 376, overruled that approach. They are wrong. Baral made plain that it was addressing “the second step of the [anti-SLAPP law] analysis,” and in that regard, held that courts are to evaluate whether each “specific claim[] of protected activity” has minimal merit. (Id. at pp. 385, 393.) Contrary to what Milton and Randolph urge, Baral reaffirmed that “[a]ssertions that are ‘merely incidental’ or ‘collateral’ are not subject to” the anti-SLAPP law (that is, in the first step of the anti-SLAPP analysis). (Id. at p. 394.)

Third, Milton and Randolph assert that Arrow’s “act of naming” them “is inherently an act . . . intend[ed] to assert a cause of action” against them, and, relatedly, that the shakedown lawsuit allegations, by virtue of being incorporated into each cross-claim, could have been the basis for those claims. These assertions lack merit. The fact that a party is named in a pleading does not mean it is properly named or subject to suit; demurrers exist to test the sufficiency of allegations. (§ 430.10, subd. (e).) More to the point, by explicitly spelling out the basis for its cross-claims as the the illegal dumping / customer stealing conduct, Arrow narrowed the basis for those cross-claims notwithstanding its incorporation of allegations regarding Clean Up’s conduct of illegal dumping and of filing shakedown lawsuits. And the fact that Arrow could have based its claims on the shakedown lawsuit allegations does not alter the reality that it did not do so.

Lastly, Milton and Randolph lament that it is “absurd” to force them to remain in the lawsuit when “there purportedly is no cause of action against them” because none of Arrow’s cross-claims is based upon their conduct. We agree. However, the question before us is whether the anti-SLAPP law is the proper procedural device for dismissing them from Arrow’s cross-complaint. For the reasons noted above, it is not. Whether other devices—such as a demurrer, motion to strike, motion for judgment on the pleadings or motion for summary judgment—are appropriate or, at this stage, timely, is beyond the scope of this appeal.

Because we conclude that Arrow’s cross-claims are not “based upon” any allegations against Milton and Randolph, we have no occasion to decide (1) whether those allegations would fall into the anti-SLAPP law’s “commercial exception” (§ 425.17), or (2) whether Arrow established that its cross-claims have “minimal merit.”

DISPOSITION

The order denying Milton and Randolph’s anti-SLAPP motion is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.

______________________, J.

HOFFSTADT

We concur:

_________________________, P.J.

LUI

_________________________, J.

CHAVEZ

ALFREDO ABOYTES vs. FCA US LLC case docket

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Case Information

18-CIV-00789 | ALFREDO ABOYTES vs. FCA US LLC, A DELAWARE LIMITED LIABILITY COMPANY, et al

Case Number
18-CIV-00789

Court
Civil Unlimited

File Date
02/16/2018

Case Type
(06) Unlimited Breach of Contract/Warranty

Case Status
Active

Party
Plaintiff
ABOYTES, ALFREDO

Active Attorneys

Lead Attorney
BARRY, DAVID N.
Retained

Defendant
FCA US LLC, A DELAWARE LIMITED LIABILITY COMPANY

Active Attorneys

Lead Attorney
UNIVERSAL, JON D.
Retained

Defendant
DOES 1 THROUGH 20, INCLUSIVE

Cause of Action

File Date
Cause of Action
Type
Filed By
Filed Against
02/16/2018 Complaint Action ABOYTES, ALFREDO
FCA US LLC, A DELAWARE LIMITED LIABILITY COMPANY
DOES 1 THROUGH 20, INCLUSIVE
Events and Hearings

02/16/2018 New Filed Case

02/16/2018 Complaint

Complaint

02/16/2018 Civil Case Cover Sheet

Civil Case Cover Sheet

02/16/2018 Summons Issued / Filed

Summons Issued / Filed

02/16/2018 Notice of Case Management Conference

Notice of Case Management Conference

02/16/2018 Cause Of Action

Action
ComplaintFile Date
02/16/2018
03/02/2018 Proof of Service by PERSONAL SERVICE of

Proof of Service by PERSONAL SERVICE of SUMMONS; COMPLAINT; ADR PACKAGE SERVED ON AMANDA GARCIA, AUT

Comment
SUMMONS; COMPLAINT; ADR PACKAGE SERVED ON AMANDA GARCIA, AUTHORIZED AGENT FOR SERVICE OF PROCESS
03/26/2018 Answer (Unlimited)

Answer (Unlimited) Answer TO COMPLAINT

Comment
Answer TO COMPLAINT
05/17/2018 Case Management Statement

Case Management Statement

05/17/2018 Notice

Notice OF CASE MANAGEMENT CONFERENCE

Comment
OF CASE MANAGEMENT CONFERENCE

06/15/2018 Case Management Conference

~CIV Minute Order – Case Management Conference 06/15/2018

Judicial Officer
Scott, Joseph C.

Hearing Time
9:00 AM

Result
Held

06/15/2018 Notice of referral to ADR and Notice to file Stipulation and

Comment
Order to ADR within 21 days
06/15/2018 Notice of Mandatory Settlement Conference and Jury Trial

Notice of Mandatory Settlement Conference and Jury Trial

07/06/2018 ADR Stipulation and Order Due in Clerk’s Office

07/09/2018 10 Day Reminder Notice to file Stipulation and Order to ADR

07/13/2018 Stipulation and Proposed Order received & forwarded to Dept

Comment
11, STIP TO ADR
07/18/2018 Stipulation and Order to ADR

Stipulation and Order to ADR

Judicial Officer
Grandsaert, John L.
09/26/2018 Motion

Motion NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT FCA US LLC’S SUPPLEMENTAL RESPONSES TO SPECIA

Comment
NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT FCA US LLC’S SUPPLEMENTAL RESPONSES TO SPECIAL INTERROGATORIES ETC…
09/26/2018 Separate Statement

Separate Statement PLAINTIFF’S CRC 3.1345 SEPARATE STATEMENT OF ITEMS IN DISPUTE IN DISPUTE IN SUPPO

Comment
PLAINTIFF’S CRC 3.1345 SEPARATE STATEMENT OF ITEMS IN DISPUTE IN DISPUTE IN SUPPORT OF MOTION TO COMPEL ETC….
09/26/2018 Separate Statement

Separate Statement PLAINTIFF’S CRC 3.3145 SEPARATE STATEMENT OF ITEMS IN DISPUTE IN SUPPORT OF MOTIO

Comment
PLAINTIFF’S CRC 3.3145 SEPARATE STATEMENT OF ITEMS IN DISPUTE IN SUPPORT OF MOTION TO COMPEL ETC…
09/26/2018 Motion

Motion NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT FCA US LL’C SUPPLEMENTAL RESPONSES TO REQUEST

Comment
NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT FCA US LL’C SUPPLEMENTAL RESPONSES TO REQUESTS FOR PRODUCTION ETC…..
09/26/2018 Separate Statement

Separate Statement OF ITEMS IN DISPUTE IN DISPUTE IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSE TO

Comment
OF ITEMS IN DISPUTE IN DISPUTE IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSE TO REQUEST FOR ADMISSION ETC….
09/26/2018 Motion

Motion NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT FCA US LLC’S SUPPLEMENTAL RESPONSES TO REQUES

Comment
NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT FCA US LLC’S SUPPLEMENTAL RESPONSES TO REQUEST FOR ADMISSION ETC….
09/26/2018 Motion

Motion NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT FCA US LLC’S SUPPLEMENTAL RESPONSES TO FORM I

Comment
NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT FCA US LLC’S SUPPLEMENTAL RESPONSES TO FORM INTERROGATORIES ETC…..
09/26/2018 Separate Statement

Separate Statement OF ITEMS IN DISPUTE IN DISPUTE IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES T

Comment
OF ITEMS IN DISPUTE IN DISPUTE IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES ETC….
09/28/2018 Motion

Motion NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT FCA US LLC’S FURTHER SUPPLEMENTAL RESPONSE TO

Comment
NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT FCA US LLC’S FURTHER SUPPLEMENTAL RESPONSE TO FORM INTERROGATORY 12.1 ETC……
09/28/2018 Separate Statement

Separate Statement OF ITEMS IN DISPUTE IN SUPPORT OF MOTION TO COMPEL FURTHER SUPPLEMENTAL RESPONSE

Comment
OF ITEMS IN DISPUTE IN SUPPORT OF MOTION TO COMPEL FURTHER SUPPLEMENTAL RESPONSE TO FORM INTERROGATORY NO. 12.1
10/31/2018 Memorandum of Points and Authorities in Opposition

Memorandum of Points and Authorities in Opposition TO PLAINTIFF’S MOTION TO COMPEL DEFENDANT FCA US

Comment
TO PLAINTIFF’S MOTION TO COMPEL DEFENDANT FCA US LLC’S FURTHER RESPONSES TO FORM INTERROGATORIES, SPECIAL INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR ADMISSION
10/31/2018 Declaration in Opposition

Declaration in Opposition TO MOTION TO COMPEL DEFENDANT FCA US LLC’S FURTHER RESPONSES TO FORM INTER

Comment
TO MOTION TO COMPEL DEFENDANT FCA US LLC’S FURTHER RESPONSES TO FORM INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR ADMISSIONS
10/31/2018 Separate Statement

Separate Statement DEFENDANT FCA LLC’S OF ITS OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL DEFNDANT FC

Comment
DEFENDANT FCA LLC’S OF ITS OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL DEFNDANT FCA US LLC’S FURTHER RESPONSES TO FORM INTERROGATORIES 1.1, 15.1 AND 17.1
10/31/2018 Separate Statement

Separate Statement DEFENDANT FCA LLC’S OF ITS OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL DEFNDANT FC

Comment
DEFENDANT FCA LLC’S OF ITS OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL DEFNDANT FCA US LLC’S FURTHER RESPONSES TO FORM INTERROGATORIES 12.1
10/31/2018 Separate Statement

Separate Statement DEFENDANT FCA LLC’S OF ITS OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL DEFNDANT FC

Comment
DEFENDANT FCA LLC’S OF ITS OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL DEFNDANT FCA US LLC’S FURTHER RESPONSES TO FORM INTERROGATORIES 1, 14, 25, 26, 31, 40, 41, 42, 43, 45, 46, 56, AND 57
10/31/2018 Separate Statement

Separate Statement DEFENDANT FCA LLC’S OF ITS OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL DEFNDANT FC

Comment
DEFENDANT FCA LLC’S OF ITS OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL DEFNDANT FCA US LLC’S FURTHER RESPONSES TO FORM INTERROGATORIES 7, 8, 17, 18, 22, 23,24, 25
10/31/2018 Separate Statement

Separate Statement DEFENDANT FCA LLC’S OF ITS OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL DEFNDANT FC

Comment
DEFENDANT FCA LLC’S OF ITS OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL DEFNDANT FCA US LLC’S FURTHER RESPONSES TO FORM INTERROGATORIES 18, 20, 31, 32, 37, 38, AND 39
11/06/2018 Memorandum of Points and Authorities in Opposition

Memorandum of Points and Authorities in Opposition PLAINTIFF’S COMBINED TO FCA US LLC’S (1) MOTION

Comment
PLAINTIFF’S COMBINED TO FCA US LLC’S (1) MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES 1.1, 15.1, AND 17.1 AND (2) MOTION TO COMPEL FURTHER SUPPLEMENTAL RESPONSE TO FORM INTERROGATORIES 12.1
11/06/2018 Memorandum of Points and Authorities in Opposition

Memorandum of Points and Authorities in Opposition TO FCA US LLC’S MOTION TO COMPEL FURTHER RESPONSE

Comment
TO FCA US LLC’S MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR ADMISSION NOW. 7, 8, 17, 18, 22, 23, 24, AND 25
11/06/2018 Memorandum of Points and Authorities in Opposition

Memorandum of Points and Authorities in Opposition TO FCA US LLC’S TO MOTION TO COMPEL FURTHER RESPO

Comment
TO FCA US LLC’S TO MOTION TO COMPEL FURTHER RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS NOS. 18, 20, 31, 32, 37, 38 AND 39
11/06/2018 Memorandum of Points and Authorities in Opposition

Memorandum of Points and Authorities in Opposition PLAINTIFF’S TO FCA US LLC’S TO MOTION TO COMPEL F

Comment
PLAINTIFF’S TO FCA US LLC’S TO MOTION TO COMPEL FURTHER RESPONSE TO SPECIAL INTEROGATPRRIES NOS. 1, 14, 25, 26, 31, 40, 41, 42, 3, 45, 45, 46, 56 AND 57

11/14/2018 Motion to Compel

~CIV Minute Order – Motion to Compel 11/14/2018

Judicial Officer
Greenberg, Susan

Hearing Time
9:00 AM

Result
Held

Comment
DEFENDANT FCA US LLC’S SUPPLEMENTAL RESPONSES TO SPECIAL INTERROGATORIES ETC…


11/14/2018 Motion to Compel

~CIV Minute Order – Motion to Compel 11/14/2018

Judicial Officer
Greenberg, Susan

Hearing Time
9:00 AM

Result
Held

Comment
DEFENDANT FCA US LLC’S SUPPLEMENTAL RESPONSES TO REQUESTS FOR PRODUCTION ETC…


11/14/2018 Motion to Compel

~CIV Minute Order – Motion to Compel 11/14/2018

Judicial Officer
Greenberg, Susan

Hearing Time
9:00 AM

Result
Held

Comment
DEFENDANT FCA US LLC’S SUPPLEMENTAL RESPONSES TO REQUEST FOR ADMISSION ETC….


11/14/2018 Motion to Compel

~CIV Minute Order – Motion to Compel 11/14/2018

Judicial Officer
Greenberg, Susan

Hearing Time
9:00 AM

Result
Held

Comment
DEFENDANT FCA US LLC’S SUPPLEMENTAL RESPONSES TO FORM INTERROGATORIES ETC….


11/14/2018 Motion to Compel

~CIV Minute Order – Motion to Compel 11/14/2018

Judicial Officer
Greenberg, Susan

Hearing Time
9:00 AM

Result
Held

12/05/2018 ADR Evaluation Notice Sent


12/10/2018 Discovery Conference

Judicial Officer
Greenberg, Susan

Hearing Time
10:00 AM

Cancel Reason
Vacated


12/10/2018 Discovery Conference

~CIV Minute Order – Discovery Conference 12/10/2018

Judicial Officer
Greenberg, Susan

Hearing Time
10:30 AM

Result
Held


12/14/2018 Discovery Conference

~CIV Minute Order – Discovery Conference 12/14/2018

Judicial Officer
Greenberg, Susan

Hearing Time
02:30 PM

Result
Held

12/15/2018 ADR Mediation Scheduled

01/10/2019 Notice

Notice OF CONTINUANCE OF PLAINTFF’S MOTION TO COMPEL DEFNDANT FCA US LLC’S SUPPLEMENTAL RESPONSES TO

Comment
OF CONTINUANCE OF PLAINTFF’S MOTION TO COMPEL DEFNDANT FCA US LLC’S SUPPLEMENTAL RESPONSES TO FORM INTERROGATORIES 1.1, 15.1 AND 17.1
01/10/2019 Notice

Notice OF CONTINUANCE OF PLAINTIFF’S MOTION TO COMPEL DEFENDANT FCA US LLC’S SUPPLEMENTAL RESPONSES

Comment
OF CONTINUANCE OF PLAINTIFF’S MOTION TO COMPEL DEFENDANT FCA US LLC’S SUPPLEMENTAL RESPONSES TO REQUEST FOR ADMISSION NOW. 7,8,17,18,22,23,24,25
01/10/2019 Notice

Notice OF CONTINUANCE OF PLAINTIFF’S MOTION TO COMPEL DEFENDANT FCA US LLC’S SUPPLEMENTAL RESPONSES

Comment
OF CONTINUANCE OF PLAINTIFF’S MOTION TO COMPEL DEFENDANT FCA US LLC’S SUPPLEMENTAL RESPONSES TO REQUESTS FOR PRODUCTION NOW. 18, 20, 31, 32, 37, 38, AND 39
01/10/2019 Notice

Notice OF CONTINUANCE OF PLAINTIFF’S MOTION TO COMPEL DEFENDANT FCA US, LLC’S SUPPLEMENTAL RESPONSES

Comment
OF CONTINUANCE OF PLAINTIFF’S MOTION TO COMPEL DEFENDANT FCA US, LLC’S SUPPLEMENTAL RESPONSES TO SPECIAL INTERROGATORIES NOW. 1, 14, 25, 26, 31, 40, 41, 42, 43, 45, 46, 56 AND 57
01/10/2019 Notice

Notice OF CONTINUANCE OF PLAINTIFF’S MOTION TO COMPEL DEFENDANT FCA US LLC’S FURTHER SUPPLEMENTAL RE

Comment
OF CONTINUANCE OF PLAINTIFF’S MOTION TO COMPEL DEFENDANT FCA US LLC’S FURTHER SUPPLEMENTAL RESPONSES TO FORM INTERROGATORIES

01/18/2019 Motion to Compel

~CIV Minute Order – Motion to Compel 01/18/2019

Judicial Officer
Davis, III, Leland

Hearing Time
9:00 AM

Result
Held

Comment
MOTION TO COMPEL DEFENDANT FCA US LLC S SUPPLEMENTAL RESPONSES TO REQUEST FOR ADMISSION NOS. 7, 8, 17, 18, 22, 23, 24 AND 25 AND REQUEST FOR MONETARY SANCTIONS OF $2,055.00 BY ALFREDO ABOYTES


01/18/2019 Motion to Compel

~CIV Minute Order – Motion to Compel 01/18/2019

Judicial Officer
Davis, III, Leland

Hearing Time
9:00 AM

Result
Held

Comment
MOTION TO COMPEL DEFENDANT FCA US LLC S FURTHER SUPPLEMENTAL RESPONSES TO FORM INTERROGATORIES 1.1, 15.1 AND 17.1 AND REQUEST FOR MONETARY SANCTIONS OF $2,672.50 BY ALFREDO ABOYTES


01/18/2019 Motion to Compel

~CIV Minute Order – Motion to Compel 01/18/2019

Judicial Officer
Davis, III, Leland

Hearing Time
9:00 AM

Result
Held

Comment
MOTION TO COMPEL DEFENDANT FCA US LLC S SUPPLEMENTAL RESPONSES TO REQUESTS FOR PRODUCTION NOS. 18, 20, 31, 32, 37, 38 AND 39 AND REQUEST FOR MONETARY SANCTIONS OF $2,577.50 BY ALFREDO ABOYTES


01/18/2019 Motion to Compel

~CIV Minute Order – Motion to Compel 01/18/2019

Judicial Officer
Davis, III, Leland

Hearing Time
9:00 AM

Result
Held

Comment
MOTION TO COMPEL DEFENDANT FCA US LLC S SUPPLEMENTAL RESPONSES TO SPECIAL INTERROGATORIES NOS. 1, 14, 25, 26, 31, 40, 41, 42, 43, 45, 46, 56 AND 57 AND REQUEST FOR MONETARY SANCTIONS OF $2,862.50 BY ALFREDO ABOYTES


01/18/2019 Motion to Compel

~CIV Minute Order – Motion to Compel 01/18/2019

Judicial Officer
Davis, III, Leland

Hearing Time
9:00 AM

Result
Held

Comment
MOTION TO COMPEL DEFENDANT FCA US LLC’S FURTHER SUPPLEMENTAL RESPONSE TO FORM INTERROGATORY 12.1 BY ALFREDO ABOYTES


01/24/2019 Discovery Conference

~CIV Minute Order – Discovery Conference 01/24/2019

Judicial Officer
Greenberg, Susan

Hearing Time
01:30 PM

Result
Held

Comment
Per Judge Order to be set on dept. 3


01/24/2019 Discovery Conference

~CIV Minute Order – Discovery Conference 01/24/2019

Judicial Officer
Greenberg, Susan

Hearing Time
01:30 PM

Result
Held

Comment
Per order of Judge to be set in dept.3


01/24/2019 Discovery Conference

~CIV Minute Order – Discovery Conference 01/24/2019

Judicial Officer
Greenberg, Susan

Hearing Time
01:30 PM

Result
Held

Comment
Per Judge to be set in dept 3


01/24/2019 Discovery Conference

~CIV Minute Order – Discovery Conference 01/24/2019

Judicial Officer
Greenberg, Susan

Hearing Time
01:30 PM

Result
Held

Comment
per judge order to be in dept 3


01/24/2019 Discovery Conference

~CIV Minute Order – Discovery Conference 01/24/2019

Judicial Officer
Greenberg, Susan

Hearing Time
01:30 PM

Result
Held

Comment
Per Judge to be set in dept 3


01/29/2019 Discovery Conference

~CIV Minute Order – Discovery Conference 01/29/2019

Judicial Officer
Greenberg, Susan

Hearing Time
01:30 PM

Result
Held

Comment
MOTION TO COMPEL DEFENDANT FCA US LLC S SUPPLEMENTAL RESPONSES TO REQUEST FOR ADMISSION NOS. 7, 8, 17, 18, 22, 23, 24 AND 25 AND REQUEST FOR MONETARY SANCTIONS OF $2,055.00 BY ALFREDO ABOYTES


01/29/2019 Discovery Conference

~CIV Minute Order – Discovery Conference 01/29/2019

Judicial Officer
Greenberg, Susan

Hearing Time
01:30 PM

Result
Held

Comment
MOTION TO COMPEL DEFENDANT FCA US LLC FURTHER SUPPLEMENTAL RESPONSES TO FORM INTERROGATORIES 1.1, 15.1 AND 17.1 AND REQUEST FOR MONETARY SANCTIONS OF $2,672.50 BY ALFREDO ABOYTES


01/29/2019 Discovery Conference

~CIV Minute Order – Discovery Conference 01/29/2019

Judicial Officer
Greenberg, Susan

Hearing Time
01:30 PM

Result
Held

Comment
MOTION TO COMPEL DEFENDANT FCA US LLC SUPPLEMENTAL RESPONSES TO REQUESTS FOR PRODUCTION NOS. 18, 20, 31, 32, 37, 38 AND 39 AND REQUEST FOR MONETARY SANCTIONS OF $2,577.50 BY ALFREDO ABOYTES


01/29/2019 Discovery Conference

~CIV Minute Order – Discovery Conference 01/29/2019

Judicial Officer
Greenberg, Susan

Hearing Time
01:30 PM

Result
Held

Comment
MOTION TO COMPEL DEFENDANT FCA US LLC S SUPPLEMENTAL RESPONSES TO SPECIAL INTERROGATORIES NOS. 1, 14, 25, 26, 31, 40, 41, 42, 43, 45, 46, 56 AND 57 AND REQUEST FOR MONETARY SANCTIONS OF $2,862.50 BY ALFREDO ABOYTES


01/29/2019 Discovery Conference

~CIV Minute Order – Discovery Conference 01/29/2019

Judicial Officer
Greenberg, Susan

Hearing Time
01:30 PM

Result
Held

Comment
MOTION TO COMPEL DEFENDANT FCA US LLC’S FURTHER SUPPLEMENTAL RESPONSE TO FORM INTERROGATORY 12.1 BY ALFREDO ABOYTES

01/31/2019 Stipulation & Order

Stipulation & Order Type: TO CONTINUE TRIAL (COPY FORWARDED TO MASTER CALENDAR) Signed by: JUDGE DAV

Comment
Type: TO CONTINUE TRIAL (COPY FORWARDED TO MASTER CALENDAR) Signed by: JUDGE DAVIS Date Signed: 01/29/19
02/04/2019 Notice of Mandatory Settlement Conference and Jury Trial

Notice of Mandatory Settlement Conference and Jury Trial


02/19/2019 Discovery Conference

~CIV Minute Order – Discovery Conference 02/19/2019

Judicial Officer
Greenberg, Susan

Hearing Time
01:30 PM

Result
Held

Comment
MOTION TO COMPEL DEFENDANT FCA US LLC S SUPPLEMENTAL RESPONSES TO REQUEST FOR ADMISSION NOS. 7, 8, 17, 18, 22, 23, 24 AND 25 AND REQUEST FOR MONETARY SANCTIONS OF $2,055.00 BY ALFREDO ABOYTES


02/19/2019 Discovery Conference

~CIV Minute Order – Discovery Conference 02/19/2019

Judicial Officer
Greenberg, Susan

Hearing Time
01:30 PM

Result
Held

Comment
MOTION TO COMPEL DEFENDANT FCA US LLC FURTHER SUPPLEMENTAL RESPONSES TO FORM INTERROGATORIES 1.1, 15.1 AND 17.1 AND REQUEST FOR MONETARY SANCTIONS OF $2,672.50 BY ALFREDO ABOYTES


02/19/2019 Discovery Conference

~CIV Minute Order – Discovery Conference 02/19/2019

Judicial Officer
Greenberg, Susan

Hearing Time
01:30 PM

Result
Held

Comment
MOTION TO COMPEL DEFENDANT FCA US LLC SUPPLEMENTAL RESPONSES TO REQUESTS FOR PRODUCTION NOS. 18, 20, 31, 32, 37, 38 AND 39 AND REQUEST FOR MONETARY SANCTIONS OF $2,577.50 BY ALFREDO ABOYTES


02/19/2019 Discovery Conference

~CIV Minute Order – Discovery Conference 02/19/2019

Judicial Officer
Greenberg, Susan

Hearing Time
01:30 PM

Result
Held

Comment
MOTION TO COMPEL DEFENDANT FCA US LLC S SUPPLEMENTAL RESPONSES TO SPECIAL INTERROGATORIES NOS. 1, 14, 25, 26, 31, 40, 41, 42, 43, 45, 46, 56 AND 57 AND REQUEST FOR MONETARY SANCTIONS OF $2,862.50 BY ALFREDO ABOYTES


02/19/2019 Discovery Conference

~CIV Minute Order – Discovery Conference 02/19/2019

Judicial Officer
Greenberg, Susan

Hearing Time
01:30 PM

Result
Held

Comment
MOTION TO COMPEL DEFENDANT FCA US LLC’S FURTHER SUPPLEMENTAL RESPONSE TO FORM INTERROGATORY 12.1 BY ALFREDO ABOYTES

03/21/2019 Stipulation and Proposed Order received & forwarded to Dept

Stipulation and Proposed Order received & forwarded to Dept #3 TO CONTINUE PLAINTIFF’S MOTION TO COM

Comment
#3 TO CONTINUE PLAINTIFF’S MOTION TO COMPEL EVEN FURTHER SUPPLEMENTAL RESPONSES TO FORM INTERROGATORIES AND SPECIAL INTERROGATORIES
03/21/2019 Notice of Motion and Motion to Compel Further Responses

Notice of Motion and Motion to Compel Further Responses PLAINTIFF’S MOTION TO DEFENDANT FCA US LLC’S

Comment
PLAINTIFF’S MOTION TO DEFENDANT FCA US LLC’S EVEN FURTHER SUPPLEMENTAL RESPONSE TO SPECIAL INTERROGATORIES 14,40-43, 45 AND 56; ETC
03/21/2019 Notice of Motion and Motion to Compel Further Responses

Notice of Motion and Motion to Compel Further Responses PLAINTIFFS’ MOTION TO DEFENANT FCA US LLC’S

Comment
PLAINTIFFS’ MOTION TO DEFENANT FCA US LLC’S EVER FURTHER SUPPLEMENTAL RESPONSE TO FORM INTERROGATORIES 12.1, 15.1, AND 17.1; ETC
03/21/2019 Separate Statement

Separate Statement PLAINTIFF CRC 3.1345; OF ITEMS IN DISPUTE IN SUPPORT OF MOTION TO COMPEL DEFENDAN

Comment
PLAINTIFF CRC 3.1345; OF ITEMS IN DISPUTE IN SUPPORT OF MOTION TO COMPEL DEFENDANT’S EVEN FURTHER SUPPLEMENTAL RESPONSES TO SPECIAL INTERROGATORY NOS. 14,40-43,45 AND FURTHER RESPONSE TO 56
03/21/2019 Separate Statement

Separate Statement PLAINTIFF CRC 31.1345; OF ITEMS IN DISPUTE IN SUPPORT OF MOTION TO COMPEL DEFENDA

Comment
PLAINTIFF CRC 31.1345; OF ITEMS IN DISPUTE IN SUPPORT OF MOTION TO COMPEL DEFENDANT’S EVEN FURTHER SUPPLEMENTAL RESPONSES TO FORM INTERROGATORIES 12.1, 15.1 AND 17.1
03/26/2019 Stipulation & Order

Stipulation & Order Type: TO CONTINUE PLAINTIFF’S MOTION TO COMPEL EVEN FURTHER SUPPLEMENTAL RESPONS

Comment
Type: TO CONTINUE PLAINTIFF’S MOTION TO COMPEL EVEN FURTHER SUPPLEMENTAL RESPONSES TO FORM INTERROGATORIES AND SPECIAL INTERROGATORIES Signed by: JUDGE GREENBERG Date Signed: 3/22/2019
04/02/2019 Separate Statement

Separate Statement FCA US LLC’S SEPARATE STATEMENT IN SUPPORT OF ITS OPPOSITION TO PLAINTIFF’S MOTIO

Comment
FCA US LLC’S SEPARATE STATEMENT IN SUPPORT OF ITS OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL EVEN FURTHER SUPPLEMENTAL RESPONSES TO SPECIAL INTERROGATORY NOS. 14, 40-43, 45 AND FURTHER RESPONSE TO 56
04/02/2019 Memorandum of Points and Authorities in Support

Memorandum of Points and Authorities in Support FCA US LLC’S MEMORANDUM OF POINTS AND AUTHORITIES IN

Comment
FCA US LLC’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL EVEN FURTHER SUPPLEMENTAL RESPONSES TO SPECIAL INTERROGATORIES 14, 40-43, 45 AND 56; AND REQUEST FOR SANCTIONS
04/02/2019 Separate Statement

Separate Statement FCA US LLC’S SEPARATE STATEMENT IN SUPPORT OF ITS OPPOSITION TO PLAINTIFF’S MOTIO

Comment
FCA US LLC’S SEPARATE STATEMENT IN SUPPORT OF ITS OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL EVEN FURTHER SUPPLEMENTAL RESPONSES TO FORM INTERROGATORIES 12.1,15.1, AND 17.1
04/02/2019 Memorandum of Points and Authorities in Support

Memorandum of Points and Authorities in Support OF ITS OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL EV

Comment
OF ITS OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL EVEN FURTHER SUPPLEMENTAL RESPONSES TO FORM INTERROGATORIES 12.1,15.1, AND 17.1 FROM DEFENDANT, AND REQUEST FOR SANCTIONS
04/08/2019 Memorandum of Points and Authorities in Reply

Memorandum of Points and Authorities in Reply PLAINTIFF’S REPLY TO FCA’S OPPOSITION TO MOTION TO COM

Comment
PLAINTIFF’S REPLY TO FCA’S OPPOSITION TO MOTION TO COMPEL EVEN FURTHER SUPPLEMENTAL RESPONSES TO FORM INTERROGATORIES 12.1, 15.1 AND 17.1; DECLARATION OF SARAH JANE NORRIS; EXHIBIT
04/08/2019 Memorandum of Points and Authorities in Reply

Memorandum of Points and Authorities in Reply PLAINTIFF’S REPLY TO FCA’S OPPOSITION TO MOTION TO COM

Comment
PLAINTIFF’S REPLY TO FCA’S OPPOSITION TO MOTION TO COMPEL EVEN FURTHER SUPPLEMENTAL RESPONSES TO SPECIAL INTERROGATORIES 12.1, 15.1 AND 17.1; DECLARATION OF SARAH JANE NORRIS; EXHIBIT

04/15/2019 Motion to Compel

~CIV Minute Order – Motion to Compel 04/15/2019

Judicial Officer
Greenberg, Susan

Hearing Time
9:00 AM

Result
Held


05/07/2019 Motion to Compel Further

~CIV Minute Order – Motion to Compel Further 05/07/2019

Judicial Officer
Greenberg, Susan

Hearing Time
09:30 AM

Result
Held

Comment
SUPPLEMENTAL RESPONSE TO SPECIAL INTERROGATORIES 14, 40-43. 45, AND 56


05/07/2019 Motion to Compel Further

Judicial Officer
Greenberg, Susan

Hearing Time
10:00 AM

Result
Held

Comment
SUPPLEMENTAL RESPONSE TO FORM INTERROGATORIES 12.1, 15.1, AND 17.1

06/05/2019 Notice of Motion and Motion to Compel Deposition

Notice of Motion and Motion to Compel Deposition FCA US LLC’S NOTICE OF MOTION AND MOTION TO COMPEL

Comment
FCA US LLC’S NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF’S DEPOSITION; REQUEST FOR SANCTIONS
06/05/2019 Memorandum of Points and Authorities in Support

Memorandum of Points and Authorities in Support OF FCA US LLC’S MOTION TO COMPEL PLAINTIFF’S DEPOSIT

Comment
OF FCA US LLC’S MOTION TO COMPEL PLAINTIFF’S DEPOSITION; REQUEST FOR SANCTIONS
06/05/2019 Declaration in Support

Declaration in Support OF JON D UNIVERSAL IN SUPPORT OF FCA US LLC’S MOTION TO COMPEL PLAINTIFF’S D

Comment
OF JON D UNIVERSAL IN SUPPORT OF FCA US LLC’S MOTION TO COMPEL PLAINTIFF’S DEPOSITION; REQUEST FOR SANCTIONS
06/05/2019 Notice of Motion and Motion to Compel

Notice of Motion and Motion to Compel FCA US LLC’S NOTICE OF MOTION AND MOTION TO COMPEL VEHICLE INS

Comment
FCA US LLC’S NOTICE OF MOTION AND MOTION TO COMPEL VEHICLE INSPECTION AND REQUEST FOR MONETARY SANCTIONS
06/05/2019 Memorandum of Points and Authorities in Support

Memorandum of Points and Authorities in Support OF FCA US LLC’S MOTION TO COMPEL VEHICLE INSPECTION

Comment
OF FCA US LLC’S MOTION TO COMPEL VEHICLE INSPECTION AND REQUEST FOR MONETARY SANCTIONS
06/05/2019 Declaration in Support

Declaration in Support OF JON D UNIVERSAL IN SUPPORT OF FCA US LLC’S MOTION TO COMPEL VEHICLE INSPEC

Comment
OF JON D UNIVERSAL IN SUPPORT OF FCA US LLC’S MOTION TO COMPEL VEHICLE INSPECTION AND REQUEST FOR MONETARY SANCTIONS
07/02/2019 Memorandum of Points and Authorities in Opposition

Memorandum of Points and Authorities in Opposition TO DEFENDANT FCA US LLC’S MOTION TO COMPEL

Comment
TO DEFENDANT FCA US LLC’S MOTION TO COMPEL
07/02/2019 Memorandum of Points and Authorities in Opposition

Memorandum of Points and Authorities in Opposition TO DEFENANT FCA US LLC’S MOTION TO COMPEL VEHICLE

Comment
TO DEFENANT FCA US LLC’S MOTION TO COMPEL VEHICLE INSPECTION
07/03/2019 Memorandum of Points and Authorities in Opposition

Memorandum of Points and Authorities in Opposition TO DEFENDANTS MOTION TO COMPEL THE DEPOSITION OF

Comment
TO DEFENDANTS MOTION TO COMPEL THE DEPOSITION OF PLAINTIFF; ETC…
07/03/2019 Memorandum of Points and Authorities in Opposition

Memorandum of Points and Authorities in Opposition TO DEFENDANTS MOTION TO COMPEL VEHICLE INSPECTION

Comment
TO DEFENDANTS MOTION TO COMPEL VEHICLE INSPECTION AND REQUEST FOR SANCTIONS; ETC…
07/10/2019 Declaration in Reply

Declaration in Reply Defendant’s Reply ISO Motion to Compel Deposition and Declaration of Jon D. Uni

Comment
Defendant’s Reply ISO Motion to Compel Deposition and Declaration of Jon D. Universal
07/10/2019 Declaration in Reply

Declaration in Reply Defendant’s Reply ISO Motion to Compel Vehicle Inspection and Declaration of Jo

Comment
Defendant’s Reply ISO Motion to Compel Vehicle Inspection and Declaration of Jon D. Universal

07/17/2019 Motion to Compel Depositions

~CIV Minute Order – Motion to Compel Depositions 07/17/2019

Judicial Officer
Davis, III, Leland

Hearing Time
9:00 AM

Result
Held

Comment
FCA US LLC’S NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF’S DEPOSITION; REQUEST FOR SANCTIONS


07/17/2019 Motion to Compel

~CIV Minute Order – Motion to Compel 07/17/2019

Judicial Officer
Davis, III, Leland

Hearing Time
9:00 AM

Result
Held

Comment
FCA US LLC’S NOTICE OF MOTION AND MOTION TO COMPEL VEHICLE INSPECTION AND REQUEST FOR MONETARY SANCTIONS

07/17/2019 Tentative ruling adopted and becomes order:

Comment
DEFENDANT’S MOTION TO COMPEL THE ATTENDANCE OF PLAINTIFF ALFREDO ABOYTES AT DEPOSITION. Defendant’s motion to compel the attendance of Plaintiff Alfredo Aboytes at deposition is GRANTED. Plaintiff is ordered to appear for deposition within 14 days of this order. Since November 2018, Defendant FCA has provided Plaintiff numerous opportunities to supply a mutually agreeable date for Plaintiff’s deposition. Plaintiff did not cooperate until after this motion was filed. Plaintiff’s last-minute cooperation does not moot the motion. Plaintiff has cited CCP 2030.300. That section addresses responses to interrogatories and is inapplicable to the present motion. Plaintiff did not provide a timely response to Defendant’s request to supply dates to proceed with the deposition. The court finds that Defendant’s meet and confer efforts were adequate. The court notes that, although FCA indicated, in an email on June 21, it would withdraw the motion if Plaintiff agreed to the deposition on July 10, Plaintiff did not confirm or follow up on that offer. Plaintiff contends that Defendant’s motion should be denied for failure to file a separate statement. Plaintiff, however, cites no specific subsection within CRC 3.1345 requiring Defendant to file a separate statement in conjunction with a motion to compel attendance at deposition. Defendant’s request for sanctions is GRANTED in the amount of $2,060. Plaintiff’s request for sanctions is DENIED. Counsel for Defendant shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.
07/17/2019 Tentative ruling adopted and becomes order:

Comment
DEFENDANT’S MOTION TO COMPEL A VEHICLE INSPECTION. Defendant’s motion to compel a vehicle inspection is GRANTED. Plaintiff is ordered to produce the subject vehicle for inspection within 14 days of this order. On November 30, 2018, Plaintiff noticed the vehicle inspection to occur on January 29. Defendant did not respond to the demand until January 18, more than 30 days after service of the demand. As a result, Plaintiff’s waived any objections to the demand pursuant to CCP 2031.260. Plaintiff contends that, pursuant to CCP 2031.310, Defendant’s motion is untimely because it was not filed within 45 days of Plaintiff’s response on January 18. CCP 2031.310 governs motions to compel further responses. Defendant, however, does not seek to compel further responses to the demand. Rather, Defendant seeks to compel the inspection. Further, the 45-day limit set forth in CCP 2031.310 runs from service of a verified response. Plaintiff has not alleged that any verified response to Defendant’s demand was served. Accordingly, the court is unpersuaded by Plaintiff’s argument that Defendant’s motion is untimely. As in its opposition to the motion to compel Plaintiff’s deposition, Plaintiff contends that Defendant’s motion should be denied for failure to file a separate statement. Plaintiff, however, cites no specific subsection within CRC 3.1345 or other authority requiring Defendant to file a separate statement in conjunction with a motion to compel a vehicle inspection. Finally, Plaintiff contends it is entitled to a protective order “that prohibits FCA from unreasonably excluding Plaintiff from the road test portion of the inspection of its own vehicle.” [Opposition, p.8] Plaintiff has provided no authority supporting the issuance of such an order. Plaintiff alleges that a protective order is necessary “to obviate the possibility that Defense could thus tamper with or alter data gleaned from said road test.” [Id., p.10] Plaintiff, however, has offered no evidence indicating that this is a valid concern in this case. Plaintiff’s motion is denied for the additional reason that, as indicated above, Plaintiff did not “promptly” seek a protection order as required by CCP 2031.060. Defendant’s request for sanctions is DENIED. In light of the similarities between this motion and Defendant’s motion to compel Plaintiff’s deposition, the court finds that no sanctions should be awarded in conjunction with this motion. Plaintiff’s request for sanctions is DENIED. Counsel for Defendant shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.
08/09/2019 Proposed Order Received

Proposed Order Received ON DEFENDANT FCA US LLC’S MOTIO TO COMPEL ETC… FWD TO DEPT. #1

Comment
ON DEFENDANT FCA US LLC’S MOTIO TO COMPEL ETC… FWD TO DEPT. #1
08/09/2019 Proposed Order Received

Proposed Order Received ON DEFENDANT FCA US LLC’S MOTION TO COMPEL VEHICLE INSPECTION ETC…. FWD TO

Comment
ON DEFENDANT FCA US LLC’S MOTION TO COMPEL VEHICLE INSPECTION ETC…. FWD TO DEPT. #1
08/19/2019 Order

Order Type: ON DEFENDANT FCA US LLC’S MOTION TO COMPEL VEHICLE INSPECTION AND REQUEST FOR SANCTIONS

Comment
Type: ON DEFENDANT FCA US LLC’S MOTION TO COMPEL VEHICLE INSPECTION AND REQUEST FOR SANCTIONS Signed by: JUDGE DAVIS Date Signed: 8/16/19
08/19/2019 Order

Order Type: ON DEFENDANT FCA US LLC’S MOTION TO COMPEL PLAINTIFF’S DEPOSITION AND REQUEST FOR SANCTI

Comment
Type: ON DEFENDANT FCA US LLC’S MOTION TO COMPEL PLAINTIFF’S DEPOSITION AND REQUEST FOR SANCTIONS Signed by: JUDGE DAVIS Date Signed: 8/16/19
08/19/2019 Mandatory Settlement Conference Statement received

08/22/2019 Notice of Entry of Order

Notice of Entry of Order Notice of Entry of Order on Defendant’s Motion to Compel Plaintiff’s Deposi

Comment
Notice of Entry of Order on Defendant’s Motion to Compel Plaintiff’s Deposition and Request for Sanctions
08/22/2019 Notice of Entry of Order

Notice of Entry of Order Notice of Entry of Order on Defendant’s Motion to Compel Vehicle Inspection

Comment
Notice of Entry of Order on Defendant’s Motion to Compel Vehicle Inspection
08/23/2019 Mandatory Settlement Conference Statement received


08/29/2019 Mandatory Settlement Conference

~CIV Minute Order – Mandatory Settlement Conference 08/29/2019

Judicial Officer
Grandsaert, John L.

Hearing Time
9:30 AM

Result
Held

Comment
MOTION TO COMPEL DEFENDANT FCA US LLC’S FURTHER SUPPLEMENTAL RESPONSE TO FORM INTERROGATORY 12.1 BY ALFREDO ABOYTES

09/13/2019 Ex Parte Opposition

Ex Parte Opposition DEFENDANT FCA US LLCS OPPOSITION TO PLAINTIFFS EX PARTE APPLICATION AND MOTION T

Comment
DEFENDANT FCA US LLCS OPPOSITION TO PLAINTIFFS EX PARTE APPLICATION AND MOTION TO COMPEL NON-RETAINED EXPERT WITNESSES OR EXCLUDE THEM FROM TRIAL
09/13/2019 Ex Parte Opposition

Ex Parte Opposition DECLARATION OF JON D. UNIVERSAL IN SUPPORT OF OPPOSITION TO PLAINTIFFS EX PARTE

Comment
DECLARATION OF JON D. UNIVERSAL IN SUPPORT OF OPPOSITION TO PLAINTIFFS EX PARTE APPLICATION AND MOTION TO COMPEL NON-RETAINED EXPERT WITNESSES OR EXCLUDE THEM FROM TRIAL
09/13/2019 Ex Parte Fee Paid

09/13/2019 Ex Parte Application

Ex Parte Application FOR AN ORDER COMPELLING THE DEPOSITION OF DEFENDANT FCA US LLC’S EXPERT WITNESS

Comment
FOR AN ORDER COMPELLING THE DEPOSITION OF DEFENDANT FCA US LLC’S EXPERT WITNESSES ETC…
09/13/2019 Proposed Order Received

Proposed Order Received DENIED PROPOSED EX PARTE ORDER

Comment
DENIED PROPOSED EX PARTE ORDER
09/17/2019 Notice

Notice of RULING RE PLAINTIFF’S EX PARTE APPLICATION TO COMPEL DEPOSITIONS OF DEFENDANT’S NON-RETAIN

Comment
of RULING RE PLAINTIFF’S EX PARTE APPLICATION TO COMPEL DEPOSITIONS OF DEFENDANT’S NON-RETAINED EXPERT WITNESSES, OR IN THE ALTERNATIVE, FOR AN ORDER EXCLUDING THOSE WITNESSES FROM TESTIFYING AT TRIAL
09/20/2019 Witness List

Witness List DEFENDANT FCA US LLC’S WITNESS LIST

Comment
DEFENDANT FCA US LLC’S WITNESS LIST
09/20/2019 Motion In Limine

Motion In Limine MOTION IN LIMINE NO. 1 BY DEFENDANT TO PRECLUDE PREJUDICIAL REFERENCES OR CHARACTER

Comment
MOTION IN LIMINE NO. 1 BY DEFENDANT TO PRECLUDE PREJUDICIAL REFERENCES OR CHARACTERIZATIONS AT TRIAL
09/20/2019 Motion In Limine

Motion In Limine MOTION IN LIMINE NO. 2 BY DEFENDANT TO EXCLUDE EVIDENCE AND TESTIMONY RELATING TO A

Comment
MOTION IN LIMINE NO. 2 BY DEFENDANT TO EXCLUDE EVIDENCE AND TESTIMONY RELATING TO ANY LOSS OF USE, LOSS OF WAGES AND OTHER CONSEQUENTIAL DAMAGES AT TRIAL
09/20/2019 Motion In Limine

Motion In Limine MOTION IN LIMINE NO. 3 BY DEFENDANT TO EXCLUDE EVIDENCE OF EMOTIONAL DISTRESS

Comment
MOTION IN LIMINE NO. 3 BY DEFENDANT TO EXCLUDE EVIDENCE OF EMOTIONAL DISTRESS
09/20/2019 Motion In Limine

Motion In Limine MOTION IN LIMINE NO. 4 BY DEFENDANT TO EXCLUDE UNREPORTED COMPLAINTS

Comment
MOTION IN LIMINE NO. 4 BY DEFENDANT TO EXCLUDE UNREPORTED COMPLAINTS
09/20/2019 Motion In Limine

Motion In Limine MOTION IN LIMINE NO. 5 BY DEFENDANT TO EXCLUDE ANY ATTEMPTS BY PLAINTIFF AND/OR HIS

Comment
MOTION IN LIMINE NO. 5 BY DEFENDANT TO EXCLUDE ANY ATTEMPTS BY PLAINTIFF AND/OR HIS COUNSEL TO INTRODUCE EVIDENCE/TESTIMONY ABOUT SIMILAR COMPLAINTS, LAWSUITS, INTERNET CHAT AND OTHER HEARSAY EVIDENCE AT TRIAL
09/20/2019 Motion In Limine

Motion In Limine MOTION IN LIMINE NO. 6 BY DEFENDANT TO EXCLUDE SETTLEMENT DISCUSSIONS UNDER EVIDENC

Comment
MOTION IN LIMINE NO. 6 BY DEFENDANT TO EXCLUDE SETTLEMENT DISCUSSIONS UNDER EVIDENCE CODE 1152
09/20/2019 Motion In Limine

Motion In Limine MOTION IN LIMINE NO. 7 BY DEFENDANT TO PRECLUDE PLAINTIFF FROM INTRODUCING WITNESSE

Comment
MOTION IN LIMINE NO. 7 BY DEFENDANT TO PRECLUDE PLAINTIFF FROM INTRODUCING WITNESSES, EVIDENCE, OR CONTENTIONS NOT DISCLOSED IN HIS DISCOVERY
09/20/2019 Jury Instructions – final version read to jury

Jury Instructions – final version read to jury

09/20/2019 Motion In Limine

Motion In Limine NO. 9 BY DEFENDANT TO EXCLUDE ANY OPINION TESTIMONY BY PLAINTIFF’S EX PERT NOT ALRE

Comment
NO. 9 BY DEFENDANT TO EXCLUDE ANY OPINION TESTIMONY BY PLAINTIFF’S EX PERT NOT ALREADY PROVIDED AT DEPOSITION
09/20/2019 Statement

Statement DEFENDANT FCA US LLC’S STATEMENT OF THE CASE

Comment
DEFENDANT FCA US LLC’S STATEMENT OF THE CASE
09/20/2019 Exhibit List

Exhibit List

09/20/2019 Proposed Verdict

Proposed Verdict DEFENDANT FCA US LLC’S SPECIAL VERDIT FORM-EXPRESS WARRANTY

Comment
DEFENDANT FCA US LLC’S SPECIAL VERDIT FORM-EXPRESS WARRANTY
09/20/2019 Proposed Verdict

Proposed Verdict DEFENDANT FCA US LLC’S SPECIAL VERDIT FORM BREACH OF IMPLIED WARRANTY OF MERCHANTAB

Comment
DEFENDANT FCA US LLC’S SPECIAL VERDIT FORM BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY
09/20/2019 Motion In Limine

Motion In Limine PLAINTIFF ALFREDO ABOYTES’ MOTION IN LIM/NE NO. 1 TO PRECLUDE DEFENDANT FCA US LLC

Comment
PLAINTIFF ALFREDO ABOYTES’ MOTION IN LIM/NE NO. 1 TO PRECLUDE DEFENDANT FCA US LLC FROM REFERENCING PLAINTIFF’S FAILURE TO AV AIL HIMSELF TO ANY 3RD PARTY DISPUTE PROGRAM, INCLUDING BUT NOT LIMITED TO, THE BETTER BUSINESS BUREAU PROGRAM; DECLARATION OF DAVID
09/20/2019 Motion In Limine

Motion In Limine PLAINTIFF ALFREDO ABOYTES’ MOTION IN LIM/NE NO. 2 TO PRECLUDE THE INTRODUCTION OF W

Comment
PLAINTIFF ALFREDO ABOYTES’ MOTION IN LIM/NE NO. 2 TO PRECLUDE THE INTRODUCTION OF WITNESSES AND DOCUMENTS NEVER IDENTIFIED IN DISCOVERY BY DEFENDANT; DECLARATION OF DAVID N. BARRY, ESQ.
09/20/2019 Motion In Limine

Motion In Limine PLAINTIFF ALFREDO ABOYTES’ MOTION IN LIMINENO. 3 TO EXCLUDE DEFENDANT FCA US LLC’S

Comment
PLAINTIFF ALFREDO ABOYTES’ MOTION IN LIMINENO. 3 TO EXCLUDE DEFENDANT FCA US LLC’S EXPERT WITNESSES FOR FAILURE TO TIMELY PRODUCE THEMSELVES FOR DEPOSITION; DECLARATION OF DAVID N. BARRY, ESQ.
09/20/2019 Motion In Limine

Motion In Limine PLAINTIFF AFLREDO ABOYTES’S MOTION IN LIMINE NO. 4 TO PRECLUDE TESTIMONY, ARGUMENT,

Comment
PLAINTIFF AFLREDO ABOYTES’S MOTION IN LIMINE NO. 4 TO PRECLUDE TESTIMONY, ARGUMENT, OR IMPLICATION THAT PLAINTIFF DID NOT MAKE SUFFICIENT EFFORTS TO ASK DEFENDANT TO REPURCHASE OR REPLACE THE SUBJECT VEHICLE; DECLARATION OF DAVID N. BARRY, ESQ.
09/20/2019 Motion In Limine

Motion In Limine PLAINTIFF AFLREDO ABOYTES’ MOTION IN LIMINE NO. 5 TO EXCLUDE ARGUMENT THAT MISUSE,

Comment
PLAINTIFF AFLREDO ABOYTES’ MOTION IN LIMINE NO. 5 TO EXCLUDE ARGUMENT THAT MISUSE, ABUSE, OR MODIFICATIONS WERE THE CAUSE OF ANY OF THE SUBJECT VEIDCLE’S DEFECTS; DECLARATION OF DAVID N. BARRY, ESQ.
09/20/2019 Motion In Limine

Motion In Limine PLAINTIFF AFLREDO ABOYTES’ MOTION IN LIM/NE NO. 6 TO PROIDBIT REFERENCE TO SETTLEME

Comment
PLAINTIFF AFLREDO ABOYTES’ MOTION IN LIM/NE NO. 6 TO PROIDBIT REFERENCE TO SETTLEMENT NEGOTIATIONS; DECLARATION OF DAVID N. BARRY, ESQ. FCA
09/20/2019 Motion In Limine

Motion In Limine PLAINTIFF AFLREDO ABOYTES’ MOTION IN LIM/NE NO. 7 TO PROHIBIT ARGUMENT REGARDING IN

Comment
PLAINTIFF AFLREDO ABOYTES’ MOTION IN LIM/NE NO. 7 TO PROHIBIT ARGUMENT REGARDING INCREASE COSTS OF VEHICLES BECAUSE OF LEMON LAW LITIGATION; DECLARATION OF DAVID N. BARRY, ESQ.
09/20/2019 Exhibit List

Exhibit List PLAINTIFF’S EXHIBIT LIST

Comment
PLAINTIFF’S EXHIBIT LIST
09/20/2019 Jury Instructions – final version read to jury

Jury Instructions – final version read to jury

09/20/2019 Witness List

Witness List

09/20/2019 Proposed Verdict

Proposed Verdict

09/20/2019 Proposed Verdict

Proposed Verdict

09/20/2019 Statement

Statement PLAINTIFF’S STATEMENT OF THE CASE

Comment
PLAINTIFF’S STATEMENT OF THE CASE
09/20/2019 Trial Brief

Trial Brief PLAINTIFF’S TRIAL BRIEF

Comment
PLAINTIFF’S TRIAL BRIEF

09/23/2019 Jury Trial

~CIV Minute Order – Jury Trial 09/23/2019

Judicial Officer
Karesh, Jonathan E.

Hearing Time
9:00 AM

Result
Not Held

Comment
JURY TRIAL TIME ESTIMATE 5 DAYS

Parties Present
Plaintiff

Attorney: BARRY, DAVID N.

09/23/2019 Exhibit List

Exhibit List DEFENDANT FCA US LLC’S AMEND EXHIBIT LIST

Comment
DEFENDANT FCA US LLC’S AMEND EXHIBIT LIST
09/23/2019 Declaration in Support

Declaration in Support OF MOTION IN LIMINE NO. 8 BY DEFENDANT TO EXCLUDE OPINION, TESTIMONY OR EVIDE

Comment
OF MOTION IN LIMINE NO. 8 BY DEFENDANT TO EXCLUDE OPINION, TESTIMONY OR EVIDENCE BY PLAINTIFF’S NON-DESIGNATED EXPERT AT TRIAL
09/23/2019 Motion In Limine

Motion In Limine MOTION IN LIMINE NO. 8 BY DEFENDANT TO EXCLUDE OPINION, TESTIMONY OR EVIDENCE BY PL

Comment
MOTION IN LIMINE NO. 8 BY DEFENDANT TO EXCLUDE OPINION, TESTIMONY OR EVIDENCE BY PLAINTIFF’S NON-DESIGNATED EXPERT AT TRIAL

12/03/2019 Order to Show Cause Re: Dismissal of Entire Action

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