This case was last updated from Kern County Superior Courts on 03/30/2020 at 11:51:49 (UTC).

GUTIERREZ VS CARMAX SUPERSTORES

Case Summary

On 11/03/2014 GUTIERREZ filed a Contract - Other Contract lawsuit against CARMAX SUPERSTORES. This case was filed in Kern County Superior Courts, Metropolitan Branch located in Kern, California. The Judges overseeing this case are Lampe, David R., Brumfield, Lorna H., Clark, Thomas S. and Schuett, Stephen D.. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *********3385

  • Filing Date:

    11/03/2014

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Court:

    Kern County Superior Courts

  • Courthouse:

    Metropolitan Branch

  • County, State:

    Kern, California

Judge Details

Judges

Lampe, David R.

Brumfield, Lorna H.

Clark, Thomas S.

Schuett, Stephen D.

 

Party Details

Plaintiff

GUTIERREZ, TAMMY

Defendants

CARMAX SUPERSTORES

CARMAX AUTO SUPERSTORES CA LLC

Not Classified By Court

Fifth District Court of Appeal

Attorney/Law Firm Details

Plaintiff Attorney

STARR, ROBERT L

Defendant Attorneys

PERCY, WILLIAM A.

SCHLICHTER, KURT ANDREW

 

Court Documents

Motion to be Relieved / Withdraw (Post-Disposition)

Motion to be Relieved / Withdraw (Post-Disposition) 04/03/2019: Judicial Officer: Clark, Thomas S.; Hearing Time: 8:30 AM; Result: Held; Comment: 3/5/19 Plaintiff, TAMMY GUTIERREZ Motion to be Relieved as Counsel ResID: 34361

Motion for Summary Judgment / Adjudication

Motion for Summary Judgment / Adjudication 01/30/2019: Judicial Officer: Clark, Thomas S.; Hearing Time: 8:30 AM; Result: Held; Comment: 11/13/18 Defendant, CARMAX AUTO SUPERSTORES CALIFORNIA, LLC Motion for Summary Judgment or, in the Alternative, Summary Adjudication ResID: 33480

Motion to Strike

Motion to Strike 06/28/2018: Judicial Officer: Clark, Thomas S.; Hearing Time: 8:30 AM; Result: Held; Comment: 5/1/18 Defendant, CARMAX AUTO SUPERSTORES CALIFORNIA, LLC Motion to Strike Portions of Plaintiff's Third Amended Complaint ResID: 30783

Case Management Conference

Case Management Conference 06/05/2018: Judicial Officer: Clark, Thomas S.; Hearing Time: 8:15 AM; Result: Held; Parties Present Defendant; Attorney: SCHLICHTER, KURT ANDREW; Defendant; Attorney: PERCY, WILLIAM A.

Ruling

Ruling 04/12/2018: Hearing Time: 08:30 AM; Result: Ruling

Motion (Pre-Disposition)

**MO - Public motion MO: Judicial Officer: Brumfield, Lorna H.; Hearing Time: 8:30 AM; Result: Held; Comment: 5/23/16 Defendant, CARMAX AUTO SUPERSTORES CALIFORNIA, LLC Motion for relief under Code of Civil Procedure 473 ResID: 16083; Parties Present Defendant; Attorney: PERCY, WILLIAM A.

Motion to Tax Costs

**MO - Public motion to tax costs: Judicial Officer: Brumfield, Lorna H.; Hearing Time: 8:30 AM; Result: Held; Comment: 4/8/16 Plaintiff, TAMMY GUTIERREZ Motion to Strike Defendant Carmax Auto Superstores California, LLC's Memorandum of Costs ResID: 15764

Demurrer

**MO - Public demurrer & Strike: Judicial Officer: Brumfield, Lorna H.; Hearing Time: 8:30 AM; Result: Held; Comment: 11/25/15 Defendant, Carmax Auto Superstores California, LLC Notice of Telephonic Appearance at Hearing on Demurrer and Motion to Strike Plaintiff's Third Amended Complaint ResID: 11631

Ruling

**MO w/Declaration of Mailing RULING: Judicial Officer: Brumfield, Lorna H.; Hearing Time: 03:00 PM; Result: Held

Further Case Management Conference

cmc MO: Judicial Officer: Brumfield, Lorna H.; Hearing Time: 8:15 AM; Result: Held

Further Case Management Conference

FCMC MO: Judicial Officer: Brumfield, Lorna H.; Hearing Time: 8:15 AM; Result: Held; Comment: continued by Judge Brumfield case taken under submission from 9/8/2015 demurrer & motion to strike portion of plaintiffs second amended complaint

Ruling

ruling mo: Judicial Officer: Brumfield, Lorna H.; Hearing Time: 09:00 AM; Result: Held

Demurrer

9/8/2015 Minute Order - Demurrer & Motion to Strike Portions of SAC: Judicial Officer: Brumfield, Lorna H.; Hearing Time: 8:30 AM; Result: Multiple Motions Held; Comment: 7/20/15 Defendant Carmax Auto Superstores California, LLC Demurrer to Plaintiff's Second Amended Complaint; Parties Present Plaintiff; Attorney: STARR, ROBERT L

Further Case Management Conference

CV283385 MO: Judicial Officer: Brumfield, Lorna H.; Hearing Time: 8:15 AM; Result: Held; Comment: CONT'D FROM 05/12/15

Case Management Conference

MINUTE ORDER-CMC 05/12/15: Judicial Officer: Brumfield, Lorna H.; Hearing Time: 8:15 AM; Result: Held

3 More Documents Available

 

Docket Entries

  • 05/17/2019
  • DocketProof of Electronic Service - Comment: as to Tammy Gutierrez, Order Granting Motion to be Relieved as counsel

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  • 05/08/2019
  • DocketProof of Service by Mail - Comment: on Order granting Motion

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  • 04/03/2019
  • DocketOrder Granting Attorney's Motion to be Relieved as Counsel - Judicial Officer: Clark, Thomas S.; Comment: Attorney is relieved as counsel of record for client effective upon the filing of the proof of service of this signed order upon the client.

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  • 04/03/2019
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  • DocketMotion to be Relieved / Withdraw (Post-Disposition) - Motion to be Relieved / Withdraw (Post-Disposition) 04/03/2019: Judicial Officer: Clark, Thomas S.; Hearing Time: 8:30 AM; Result: Held; Comment: 3/5/19 Plaintiff, TAMMY GUTIERREZ Motion to be Relieved as Counsel ResID: 34361

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  • 03/29/2019
  • DocketNotice to Appear by Telephone

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  • 03/29/2019
  • DocketNotice of Entry of Judgment

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  • 03/25/2019
  • DocketMemorandum of Costs

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  • 03/18/2019
  • DocketJury Trial - Judicial Officer: Clark, Thomas S.; Hearing Time: 9:00 AM; Cancel Reason: Court's Own Motion; Comment: & final case management conference set con-current estimate 5 days

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  • 03/12/2019
  • DocketJudgment - Judicial Officer: Clark, Thomas S.; Comment: NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. Defendant CARMAX AUTO SUPERSTORES CALIFORNIA, LLC shall have judgment against plaintiff TAMMY GUTIERREZ in this action; 2. Defendant CARMAX AUTO SUPERSTORES CALIFORNIA, LLC shall recover its recoverable costs of suit, pursuant to defendant's memorandum of costs to be submitted, as allowed, in the amount of $ _______ . JUDGMENT IS SO ENTERED.

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  • 03/05/2019
  • DocketNotice of Motion - Comment: Motion to be Relieved as Counsel Hearing Date: 4/3/19 at 8:30 a.m. in Department 17

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166 More Docket Entries
  • 12/10/2014
  • DocketCivil Case Cover Sheet (CM-010) - Comment: (AMENDED)

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  • 11/12/2014
  • DocketSummons Issued and Filed - Comment: RETURNED VIA PRO PER BIN *G*

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  • 11/07/2014
  • DocketInitial Order on Court Fee Waiver - Denied / Incomplete - Comment: ****LORNA H. BRUMFIELD**** DENIED - FILING PREMATURE AT THIS TIME

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  • 11/07/2014
  • DocketInitial Order on Court Fee Waiver - Granted - Comment: ****LORNA H. BRUMFIELD**** GRANTED AS TO COURT FEES ONLY

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  • 11/06/2014
  • DocketOrder to Show Cause - Comment: NOTICE OF ORDER TO SHOW CAUSE RE: CALIFORNIA RULES OF COURT, RULE 3.110 TO PLAINTIFF AND PLAINTIFF'S COUNSEL: YOU ARE ORDERED TO APPEAR ON Feb 24, 2015 AT 8:30 AM IN DEPARTMENT_17 OF THE ABOVE ENTITLED COURT TO GIVE ANY LEGAL REASON WHY SANCTIONS SHALL NOT BE IMPOSED FOR FAILURE TO SERVE THE COMPLAINT ON ALL NAMED DEFENDANTS AND FILE PROOF(S) OF SERVICE WITH THE COURT WITHIN SIXTY (60) DAYS AFTER THE FILING OF THE COMPLAINT PURSUANT TO CALIFORNIA RULES OF COURT, RULE 3.110. ALL APPEARANCES ARE MANDATORY, UNLESS FIVE (5) COURT DAYS PRIOR TO HEARING DATE THE COURT HAS RECEIVED THE REQUIRED PROOF(S) OF SERVICE, THEN NO APPEARANCE IS NECESSARY. Calendar Notes: NOTICE OF ORDER TO SHOW CAUSE RE: CALIFORNIA RULES OF COURT, RULE 3.110 TO PLAINTIFF AND PLAINTIFF'S COUNSEL: YOU ARE ORDERED TO APPEAR ON Feb 24, 2015 AT 8:30 AM IN DEPARTMENT_17 OF THE ABOVE ENTITLED COURT TO GIVE ANY LEGAL REASON WHY SANCTIONS SHALL NOT BE IMPOSED FOR FAILURE TO SERVE THE COMPLAINT ON ALL NAMED DEFENDANTS AND FILE PROOF(S) OF SERVICE WITH THE COURT WITHIN SIXTY (60) DAYS AFTER THE FILING OF THE COMPLAINT PURSUANT TO CALIFORNIA RULES OF COURT, RULE 3.110. ALL APPEARANCES ARE MANDATORY, UNLESS FIVE (5) COURT DAYS PRIOR TO HEARING DATE THE COURT HAS RECEIVED THE REQUIRED PROOF(S) OF SERVICE, THEN NO APPEARANCE IS NECESSARY.

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  • 11/06/2014
  • DocketCONV - Comment: New case created by deputy.

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  • 11/03/2014
  • DocketCivil Case Cover Sheet (CM-010) - Comment: FILED BY TAMMY GUTIERREZ

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  • 11/03/2014
  • DocketComplaint - Fast Track - Comment: FILED BY TAMMY GUTIERREZ CMC SET 5/12/15 @8:15AM DEPT 17

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  • 11/03/2014
  • DocketRequest to Waive Additional Court Fees - Comment: AS TO TAMMY GUTIERREZ

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  • 11/03/2014
  • DocketRequest to Waive Court Fees - Comment: AS TO TAMMY GUTIERREZ

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