This case was last updated from Kern County Superior Courts on 04/01/2020 at 08:18:58 (UTC).

GARCIA VS MARTINI'S FEEL GOOD LOUNGE ET AL

Case Summary

On 08/30/2016 GARCIA filed a Personal Injury - Other Personal Injury lawsuit against MARTINI'S FEEL GOOD LOUNGE. This case was filed in Kern County Superior Courts, Metropolitan Branch located in Kern, California. The Judges overseeing this case are Chapin, Sidney P., Clark, Thomas S. and Schuett, Stephen D.. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *********2039

  • Filing Date:

    08/30/2016

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Kern County Superior Courts

  • Courthouse:

    Metropolitan Branch

  • County, State:

    Kern, California

Judge Details

Judges

Chapin, Sidney P.

Clark, Thomas S.

Schuett, Stephen D.

 

Party Details

Plaintiff

GARCIA, VICTOR

Defendants

OXFORD, DYLAN

MARTINI'S FEEL GOOD LOUNGE

SUMANTRAI NAIK DBA MARTINI'S FEEL GOOD LOUNGE

NAIK, SUMANTRAI

REAL HOSPITALITY

NAIK, SUBHASH

REAL HOSPITALITY INC. DBA MARTINI'S FEEL GOOD LOUNGE

REAL HOSPITALITY, INC.

CRANE, ANTHONY

Attorney/Law Firm Details

Plaintiff Attorney

WHITTINGTON, MARK JOSEPH

Defendant Attorney

CHOI, JEFFREY Y.

 

Court Documents

Ruling

Minute Order Ruling on Notice of Settlement: Hearing Time: 08:30 AM; Result: Ruling

Electronic Rejection Notice

Electronic Rejection Notice: Comment: To: Rodriguez & Associates For: Stipulation and Order Reason:Third Rejection. Refer to previous 2 rejections. Please contact the clerk's office.

Electronic Rejection Notice

Electronic Rejection Notice: Comment: RE: STIP & ORDER - FEES ARE DUE AT THE TIME FILING - FIRST APPEARANCE $435 FOR ANTHONY CRANE

Electronic Rejection Notice

Electronic Rejection Notice: Comment: To: Joseph Whittington For: Stipulation and Order Reason: Default for Defendant Anthony Crane must be set aside. First appearance fees must be submitted at the time of filing for Defendant Anthony Crane.

Electronic Rejection Notice

Electronic Rejection Notice: Comment: Answer to Complaint

Motion to Amend (Pre-Disposition)

Motion to Amend (Pre-Disposition) 11/08/2018: Judicial Officer: Schuett, Stephen D.; Hearing Time: 8:30 AM; Result: Held; Comment: 9/27/18 Plaintiff, VICTOR GARCIA Motion for Leave to File Third Amended Complaint to Add Punitive Damages ResID: 33074

Electronic Rejection Notice

Electronic Rejection Notice: Comment: To: Jeffrey Y. Choi For: Stipulation and Order Reason: No Motion on Calendar.

Rejection/Correction Notice

Rejection/Correction Notice: Comment: Motion for Leave to File Third Amended Complaint -- Reservation 32993 does not exist for this case number.

Further Case Management Conference

Further Case Management Conference 06/19/2017: Judicial Officer: Chapin, Sidney P.; Hearing Time: 8:00 AM; Result: Held; Comment: CONT'D FROM 05/19/17; Parties Present Plaintiff; Attorney: WHITTINGTON, MARK JOSEPH

Further Case Management Conference

Further Case Management Conference 05/19/2017: Judicial Officer: Chapin, Sidney P.; Hearing Time: 8:00 AM; Result: Held; Parties Present Plaintiff; Attorney: WHITTINGTON, MARK JOSEPH

Rejection/Correction Notice

Rejection/Correction Notice: Comment: To: Joseph Whittington Document: Second Amended Complaint Pursuant to Judge Chapin, counsel must seek leave of court. Please see C.C.P. 472.

Electronic Rejection Notice

Electronic Rejection Notice: Comment: SECOND AMENDED COMPLAINT: SEE REJECTION DATED 3/6/17. MUST HAVE LEAVE OF COURT TO FILE SECOND AMENDED COMPLAINT.

Electronic Rejection Notice

Electronic Rejection Notice: Comment: SECOND AMENDED COMPLAINT: PURSUANT TO HONORABLE JUDGE CHAPIN, MUST HAVE LEAVE OF COURT TO FILE SECOND AMENDED COMPLAINT.

Case Management Conference

03/03/2017 MO: OSC re: Dismissal and CMC: Judicial Officer: Chapin, Sidney P.; Hearing Time: 8:00 AM; Result: Held; Parties Present Plaintiff; Attorney: WHITTINGTON, MARK JOSEPH

Order to Show Cause - CRC 3.110

12/13/16 MO: Order to Show Cause re 3.110: Judicial Officer: Chapin, Sidney P.; Hearing Time: 8:30 AM; Result: Held

3 More Documents Available

 

Docket Entries

  • 04/16/2019
  • DocketOrder to Show Cause in re: Dismissal - Judicial Officer: Schuett, Stephen D.; Hearing Time: 8:30 AM; Cancel Reason: Dismissal Filed; Comment: Why matter should not be dismissed pursuant to CRC 3.1385.

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  • 03/20/2019
  • DispositionDiposition: Judgment - Judicial Officer: Schuett, Stephen D.; Judgment Type: Dismissal-Entry of Request for Dismissal-Before Trial(CL/CV)

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  • 03/20/2019
  • DocketRequest for Dismissal (Entire) - Comment: With Prejudice

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  • 03/11/2019
  • DocketJury Trial - Judicial Officer: Schuett, Stephen D.; Hearing Time: 9:00 AM; Cancel Reason: Notice of Settlement Filed; Comment: TE: 5 days. Jury demand by all. 03/11/19

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  • 03/01/2019
  • DocketSubpoenaed Records Received - Comment: from Custodian of Records for Southern California Orthopedic Institute

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  • 03/01/2019
  • View Court Documents
  • DocketRuling - Minute Order Ruling on Notice of Settlement: Hearing Time: 08:30 AM; Result: Ruling

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  • 03/01/2019
  • DocketFinal Case Management Conference - Judicial Officer: Schuett, Stephen D.; Hearing Time: 02:00 PM; Cancel Reason: Notice of Settlement Filed; Comment: JT set 1/14/19. TE: 5 days. JT demand by all cont'd from 1/4/19 per stipulation and order filed 1/3/19.

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  • 02/28/2019
  • DocketNotice of Settlement Unconditional

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  • 02/27/2019
  • DocketOpposition to Motion in Limine - Comment: Plaintiff's Opposition to Defendants' Motion in Limine No. 5

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  • 02/27/2019
  • DocketNon-Opposition - Comment: Defendants' Non-Opposition to Plaintiff's Motion In Limine No. 1

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112 More Docket Entries
  • 10/12/2016
  • DocketAmendment to Complaint - Comment: Doe 1: Subhash Naik

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  • 10/06/2016
  • DocketRequest for Dismissal (Partial)

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  • 10/06/2016
  • DocketAmendment to Complaint - Comment: Amendment to Complaint (Doe 3)

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  • 10/06/2016
  • DocketAmendment to Complaint - Comment: Amendment to Complaint (Doe 2)

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  • 10/06/2016
  • DocketAmendment to Complaint - Comment: Amendment to complaint

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  • 08/30/2016
  • DocketCivil and Small Claims Documents - Served: 11/09/2016; Unserved; Unserved; Unserved; Served: 11/09/2016; Served: 11/09/2016; Served: 11/22/2016; Served: 07/29/2018

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  • 08/30/2016
  • DocketSummons Issued and Filed - Comment: RETURNED VIA AMS

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  • 08/30/2016
  • DocketOrder to Show Cause - Comment: Re: 3.110 Hearing Date: 12/13/16 Hearing Time: 08:30 Hearing Department/Division: 4

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  • 08/30/2016
  • DocketCivil Case Cover Sheet (CM-010)

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  • 08/30/2016
  • DocketComplaint

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Complaint Information

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stele Sev number, and sddress): Daniel Rodriguez, Esq., SBN 096625 Joel Andreesen, Esq., SBN 152254 Joseph Whittington, Esq., SBN 295516

RODRIGUEZ & ASSOCIATES

2020 Eyes Street, Bakersfield, CA 93301 veermoneno: (661) 323-1400 FAXNO. (Optonei. (661) 323-0132 E-MAR ADORESS (Oplione?): ¢ ATTORNEY FOR (Nemgt L

SUPERIOR COURT OF CALIFORNIA, COUNTY OF Kern streetAboRess: 1415 Truxtun Ave MAILING ADDRESS: crvano ze cooe: Bakersfield, CA 93301 arANCH ME: Metropolitan Division- Unlimited Civil PLAINTIFF: Victor Garcia

DEFENDANT: Real Hospitality Inc. DBA Martini's Feel Good Lounge; Dylan Oxford:; and

[x ] 0oES 1 TO COMPLANT—Personal Injury, Property Damage, Wrongful Death [ X ] AMENDED (Number): Second Type (check all that apply): (] MOTOR VEHICLE [ X_] OTHER (speclfy): General Negligence ] Property Demage ___] Wrongtul Death [x | Personal Injury [ x] Other Damages (specify): Intentional Infliction of Emotional Distress; Negligent Infliction of Emotional Distress juriadiction (check ail that apply):

] ACTION IS A LIITED CIVIL CASE MUMBER

Amount demanded does not exceed $10,000 16~ - ™ exceeds $10,000, but does not exceed $25,000 BCV-16-102035-SEC [x! aCTIONIS AN UNLIMITED CIVIL. CASE (exceeds $25,000) [ ACTION IS RECLASSIFIED by this amended complaint ™7 from Wmited to untimited | | from unlimited to limited 1. Plaintiff (name ornames):Victor Garcia

slleges causes of action against defendant (name or names): Real Hospitality Inc. DBA Martini’s Feel Good Lounge; Dylan Oxford; and DOES 1 to 100, inclusive 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. Each plaintiff named above is a competent adult a. ___| except ptaintiff (name): (1) ] a corporation qualified to do business in California @) (] an unincorporated entity (describe): (3) [ & public entity (describe): 4) [ ] aminor [ anadul (a) ___! for whom a guardian or conservator of the estate or a guardian ad lilem has been sppointed ®) [ ] other (specify): (5) "1 other (specify):

b. [ except plaintiff (name): (1) a corporation qualified to do business in California (2) |___; an unincorporated entity (descnbe): a public describe): 8; % .p“u*‘u% ana:iult (8) [ for whom a guardian or conservator of the estate or a guardian ad litem has been appointed ®) [__] other (specify): (5) ___| other (specify):

L__] Information about additional plaintiffs who are not competent aduits is shown in Attachment 3. page 1 4¢3