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.
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08/30/2016
Disposed - Dismissed
Kern County Superior Courts
Metropolitan Branch
Kern, California
Chapin, Sidney P.
Clark, Thomas S.
Schuett, Stephen D.
GARCIA, VICTOR
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
WHITTINGTON, MARK JOSEPH
CHOI, JEFFREY Y.
Minute Order Ruling on Notice of Settlement: Hearing Time: 08:30 AM; Result: Ruling
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: Comment: RE: STIP & ORDER - FEES ARE DUE AT THE TIME FILING - FIRST APPEARANCE $435 FOR ANTHONY CRANE
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: Comment: Answer to Complaint
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: Comment: To: Jeffrey Y. Choi For: Stipulation and Order Reason: No Motion on Calendar.
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 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 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: 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: Comment: SECOND AMENDED COMPLAINT: SEE REJECTION DATED 3/6/17. MUST HAVE LEAVE OF COURT TO FILE SECOND AMENDED COMPLAINT.
Electronic Rejection Notice: Comment: SECOND AMENDED COMPLAINT: PURSUANT TO HONORABLE JUDGE CHAPIN, MUST HAVE LEAVE OF COURT TO FILE SECOND AMENDED COMPLAINT.
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
12/13/16 MO: Order to Show Cause re 3.110: Judicial Officer: Chapin, Sidney P.; Hearing Time: 8:30 AM; Result: Held
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.
DispositionDiposition: Judgment - Judicial Officer: Schuett, Stephen D.; Judgment Type: Dismissal-Entry of Request for Dismissal-Before Trial(CL/CV)
DocketRequest for Dismissal (Entire) - Comment: With Prejudice
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
DocketSubpoenaed Records Received - Comment: from Custodian of Records for Southern California Orthopedic Institute
DocketRuling - Minute Order Ruling on Notice of Settlement: Hearing Time: 08:30 AM; Result: Ruling
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.
DocketNotice of Settlement Unconditional
DocketOpposition to Motion in Limine - Comment: Plaintiff's Opposition to Defendants' Motion in Limine No. 5
DocketNon-Opposition - Comment: Defendants' Non-Opposition to Plaintiff's Motion In Limine No. 1
DocketAmendment to Complaint - Comment: Doe 1: Subhash Naik
DocketRequest for Dismissal (Partial)
DocketAmendment to Complaint - Comment: Amendment to Complaint (Doe 3)
DocketAmendment to Complaint - Comment: Amendment to Complaint (Doe 2)
DocketAmendment to Complaint - Comment: Amendment to complaint
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
DocketSummons Issued and Filed - Comment: RETURNED VIA AMS
DocketOrder to Show Cause - Comment: Re: 3.110 Hearing Date: 12/13/16 Hearing Time: 08:30 Hearing Department/Division: 4
DocketCivil Case Cover Sheet (CM-010)
DocketComplaint
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
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):
Amount demanded does not exceed $10,000 16~ - â„¢ 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 â„¢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