This case was last updated from Los Angeles County Superior Courts on 10/15/2021 at 01:55:04 (UTC).

AARON THOMAS VS ANTHONY ROBINSON, ET AL.

Case Summary

On 11/19/2020 AARON THOMAS filed a Personal Injury - Motor Vehicle lawsuit against ANTHONY ROBINSON. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9730

  • Filing Date:

    11/19/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

THOMAS AARON

Defendants

JOHNSON PATRICK

ROBINSON ANTHONY

Attorney/Law Firm Details

Defendant Attorneys

LOTT ROBERT MINKENS ESQ.

LOTT ROBERT M

Other Attorneys

YEAGER KENNETH C.

 

Court Documents

Summons - Summons on Complaint

11/19/2020: Summons - Summons on Complaint

Complaint - Complaint

11/19/2020: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

11/19/2020: First Amended Standing Order - First Amended Standing Order

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

11/19/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

11/19/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

1/19/2021: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

1/19/2021: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

Amended Complaint - Amended Complaint (1st)

4/13/2021: Amended Complaint - Amended Complaint (1st)

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

3/25/2021: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

7/13/2021: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Opposition (name extension) - Opposition to Defendant's Demurrer

7/19/2021: Opposition (name extension) - Opposition to Defendant's Demurrer

Minute Order - Minute Order (Hearing on Defendants' Demurrer to Plaintiff's First Amended ...)

8/3/2021: Minute Order - Minute Order (Hearing on Defendants' Demurrer to Plaintiff's First Amended ...)

Answer - Answer

8/24/2021: Answer - Answer

1 More Documents Available

 

Docket Entries

  • 05/19/2022
  • Hearing05/19/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/24/2021
  • DocketAnswer; Filed by: Anthony Robinson (Defendant); Patrick Johnson (Defendant); As to: Aaron Thomas (Plaintiff)

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  • 08/03/2021
  • DocketUpdated -- Demurrer to Plaintiff's First Amended Complaint (CCP 430.10): Name Extension: blank; Exact Name: Demurrer to Plaintiff's First Amended Complaint (CCP 430.10); As To Parties: Aaron Thomas (Plaintiff)

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  • 08/03/2021
  • DocketUpdated -- Demurrer to Plaintiff's First Amended Complaint (CCP 430.10): Filed By: Anthony Robinson (Defendant),Patrick Johnson (Defendant); Result: Overruled; Result Date: 08/03/2021

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  • 08/03/2021
  • DocketMinute Order (Hearing on Defendants' Demurrer to Plaintiff's First Amended ...)

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  • 08/03/2021
  • DocketUpdated -- Robert Minkens Lott, Esq. (Attorney): First Name changed from ROBERT to Robert; Last Name changed from LOTT to Lott; Organization Name changed from LOTT & ASSOCIATES to Robert M Lott & Associates; Name Suffix: Esq. Middle Name changed from M to Minkens

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  • 08/03/2021
  • DocketAddress for Robert Minkens Lott, Esq. (Attorney) updated

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  • 08/03/2021
  • DocketHearing on Demurrer - without Motion to Strike - Defendants' Demurrer to Plaintiff's First Amended Complaint (CCP 430.10 scheduled for 08/03/2021 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/03/2021; Result Type to Held - Motion Granted

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  • 08/02/2021
  • DocketUpdated -- Demurrer - without Motion to Strike to Plaintiff's Complaint: Name Extension: to Plaintiff's Complaint; As To Parties: Aaron Thomas (Plaintiff)

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  • 08/02/2021
  • DocketUpdated -- Demurrer - without Motion to Strike to Plaintiff's First Amended Complaint: Name Extension: to Plaintiff's First Amended Complaint; Exact Name: blank; As To Parties: Aaron Thomas (Plaintiff)

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11 More Docket Entries
  • 01/19/2021
  • DocketProof of Mailing (Substituted Service); Filed by: Aaron Thomas (Plaintiff); As to: Patrick Johnson (Defendant); Mailing Date: 01/06/2021; Cost Waived: No

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  • 01/19/2021
  • DocketProof of Mailing (Substituted Service); Filed by: Aaron Thomas (Plaintiff); As to: Anthony Robinson (Defendant); Mailing Date: 01/06/2021; Cost Waived: No

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  • 11/20/2020
  • DocketNon-Jury Trial scheduled for 05/19/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 11/20/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/27/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 11/20/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 11/19/2020
  • DocketComplaint; Filed by: Aaron Thomas (Plaintiff); As to: Anthony Robinson (Defendant); Patrick Johnson (Defendant)

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  • 11/19/2020
  • DocketCivil Case Cover Sheet; Filed by: Aaron Thomas (Plaintiff); As to: Anthony Robinson (Defendant); Patrick Johnson (Defendant)

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  • 11/19/2020
  • DocketSummons on Complaint; Issued and Filed by: Aaron Thomas (Plaintiff); As to: Anthony Robinson (Defendant); Patrick Johnson (Defendant)

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  • 11/19/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/19/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

b'

Case Number: 20STLC09730 Hearing Date: August 3, 2021 Dept: 26

Thomas v. Robinson, et\r\nal 20STLC09730

DEMURRER

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(CCP §\r\n430.10)

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TENTATIVE RULING:

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Defendants Patrick Johnson and Anthony Robinson’s Demurrer\r\nto the First Amended Complaint is OVERRULED. DEFENDANTS ARE TO FILE AND SERVE\r\nAN ANSWER TO THE FIRST AMENDED COMPLAINT WITHIN 20 DAYS’ SERVICE OF THIS ORDER.\r\n

ANALYSIS:

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Plaintiff Aaron Thomas (“Plaintiff”) filed the instant\r\naction motor vehicle negligence against Defendants Patrick Johnson and Anthony\r\nRobinson (“Defendants”) on November 19, 2020. Following the filing of Defendants’\r\nDemurrer to the Complaint, Plaintiff filed the First Amended Complaint on April\r\n13, 2021. Defendant filed the instant Demurrer to the First Amended Complaint\r\non July 13, 2021. Plaintiff filed an opposition on July 19, 2021.

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Discussion

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The Demurrer is accompanied by a meet and confer declaration\r\nas required by Code of Civil Procedure section 430.41. (Demurrer, Lott Decl.,\r\n¶¶10-13.) The First Amended Complaint alleges a single cause of action for\r\nmotor vehicle negligence, to which Defendants demur for failure to allege\r\nsufficient facts. (Code Civ. Proc., § 430.10, subd. (e).) A negligence cause of\r\naction must allege duty, breach, causation and damages. (County of Santa\r\nClara v. Atlantic Richfield Co. (2006) 137 Cal. App. 4th 292, 318.)

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The First Amended Complaint alleges the following facts\r\nagainst Defendants. “Plaintiff was westbound on Manchester at Aviation when\r\nDefendant hit Plaintiff as Defendant entered into on coming [sic] traffic from\r\na parking lot, and continued to drive away from the scene of the accident.”\r\n(FAC, ¶MV-1.) These facts are more than sufficient to allege that Defendants\r\nbreached their duty of care. It has long been the law of this state that that\r\n“‘every person owes duty to all persons to exercise ordinary care to guard\r\nagainst any injury which may naturally flow as a reasonably probable and foreseeable\r\nconsequence of his act . . . .’” (Owen v. Rheem Mfg. Co. (1947) 83\r\nCal.App.2d 42, 47 [citing Wintersteen v. National Cooperage & Woodenware\r\nCo., 361 Ill. 95].) By alleging that Defendants drove into oncoming traffic\r\nfrom a parking lot and collided with Plaintiff’s vehicle, the Complaint has\r\nalleged Defendants breached the care owed to Plaintiff and that Plaintiff was\r\nharmed as a result. (FAC, ¶¶11 and MV-1.) The First Amended Complaint,\r\ntherefore, alleges facts sufficient to state a cause of action for motor\r\nvehicle negligence against Defendants.

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Additionally, the Court will not consider arguments in the\r\nDemurrer that rely on facts outside of the pleadings and outside of judicially\r\nnoticeable matters. (See Mohlmann v. City of Burbank (1986) 179\r\nCal.App.3d 1037, 1041, fn. 2.)

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Conclusion

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Defendants Patrick Johnson and Anthony Robinson’s Demurrer\r\nto the First Amended Complaint is OVERRULED. DEFENDANTS ARE TO FILE AND SERVE\r\nAN ANSWER TO THE FIRST AMENDED COMPLAINT WITHIN 20 DAYS’ SERVICE OF THIS ORDER.\r\n

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Plaintiff to give notice.

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