This case was last updated from Los Angeles County Superior Courts on 10/16/2021 at 12:59:02 (UTC).

ERICA RAMOS, AN INDIVIDUAL VS BJ'S RESTAURANTS, INC., A CORPORATION; BJ'S RESTAURANT OPERATIONS COMPANY, A CORPORATION

Case Summary

On 05/29/2020 ERICA RAMOS, AN INDIVIDUAL filed a Personal Injury - Other Personal Injury lawsuit against BJ'S RESTAURANTS, INC , A CORPORATION BJ'S RESTAURANT OPERATIONS COMPANY, A CORPORATION. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is EDWARD B. MORETON. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8436

  • Filing Date:

    05/29/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Judge

EDWARD B. MORETON

 

Party Details

Plaintiff

RAMOS AN INDIVIDUAL ERICA

Defendant

BJ'S RESTAURANTS INC. A CORPORATION; BJ'S RESTAURANT OPERATIONS COMPANY A CORPORATION

Attorney/Law Firm Details

Plaintiff Attorney

JONES JENNIFER CHRISTINA

Defendant Attorneys

RAMBIS ALEXANDRA RACHEL

GOBEL SEVAN

 

Court Documents

Notice of Settlement - Notice of Settlement

8/17/2021: Notice of Settlement - Notice of Settlement

Minute Order - Minute Order (Court Order)

8/30/2021: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 08/30/2021

8/30/2021: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 08/30/2021

Proof of Service by Mail - Proof of Service by Mail

8/17/2021: Proof of Service by Mail - Proof of Service by Mail

Answer - Answer

2/23/2021: Answer - Answer

Notice of Ruling - Notice of Ruling

1/21/2021: Notice of Ruling - Notice of Ruling

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - Order Appointing Court Approved Reporter as Official Reporter Pro Tempore sandra Guerra, CSR#10977

1/21/2021: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - Order Appointing Court Approved Reporter as Official Reporter Pro Tempore sandra Guerra, CSR#10977

Minute Order - Minute Order (Hearing on Motion - Other To Set Aside Joint Stipulation and ...)

1/21/2021: Minute Order - Minute Order (Hearing on Motion - Other To Set Aside Joint Stipulation and ...)

Reply (name extension) - Reply DEFENDANT BJS RESTAURANTS, INC.S REPLY TO OPPOSITION TO DEFENDANTS DEMURRER TO PLAINTIFFS COMPLAINT; DECLARATION OF ALEXANDRA RAMBIS

1/12/2021: Reply (name extension) - Reply DEFENDANT BJS RESTAURANTS, INC.S REPLY TO OPPOSITION TO DEFENDANTS DEMURRER TO PLAINTIFFS COMPLAINT; DECLARATION OF ALEXANDRA RAMBIS

Reply (name extension) - Reply to Defendant's Opposition to Motion to Vacate Order Granting Jt. Stipulation for Change of Venue and to Set Aside Joint Stipulation to Change Venue; Opposition to Defend

1/13/2021: Reply (name extension) - Reply to Defendant's Opposition to Motion to Vacate Order Granting Jt. Stipulation for Change of Venue and to Set Aside Joint Stipulation to Change Venue; Opposition to Defend

Reply (name extension) - Reply Plaintiff's Reply to Defendant's Opposition to Motion to Transfer Venue; Opposition to Defendant's Request for Sanctions Against Plaintiff's Counsel

1/13/2021: Reply (name extension) - Reply Plaintiff's Reply to Defendant's Opposition to Motion to Transfer Venue; Opposition to Defendant's Request for Sanctions Against Plaintiff's Counsel

Opposition (name extension) - Opposition TO PLAINTIFFS MOTION TO VACATE ORDER GRANTING JOINT STIPULATION FOR CHANGE OF VENUE AND TO SET ASIDE JOINT STIPULATION TO CHANGE VENUE; REQUEST FOR SANCTIONS

1/5/2021: Opposition (name extension) - Opposition TO PLAINTIFFS MOTION TO VACATE ORDER GRANTING JOINT STIPULATION FOR CHANGE OF VENUE AND TO SET ASIDE JOINT STIPULATION TO CHANGE VENUE; REQUEST FOR SANCTIONS

Opposition (name extension) - Opposition DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION TO TRANSFER VENUE; REQUEST FOR SANCTIONS AGAINST PLAINTIFFS COUNSEL FOR BRINGING THIS MERITLESS MOTION; DECLARATI

1/5/2021: Opposition (name extension) - Opposition DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION TO TRANSFER VENUE; REQUEST FOR SANCTIONS AGAINST PLAINTIFFS COUNSEL FOR BRINGING THIS MERITLESS MOTION; DECLARATI

Opposition (name extension) - Opposition Plaintiff's Opposition to Defendant Bj's Restaurant's, Inc.'s Demurrer

1/7/2021: Opposition (name extension) - Opposition Plaintiff's Opposition to Defendant Bj's Restaurant's, Inc.'s Demurrer

Declaration (name extension) - Declaration of Jennifer Jones in Support of Plaintiff's Opposition to Defendant's Demurrer

1/7/2021: Declaration (name extension) - Declaration of Jennifer Jones in Support of Plaintiff's Opposition to Defendant's Demurrer

Proof of Personal Service - Proof of Personal Service

11/18/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

11/18/2020: Proof of Personal Service - Proof of Personal Service

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

11/23/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

33 More Documents Available

 

Docket Entries

  • 12/03/2021
  • Hearing12/03/2021 at 08:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

    Read MoreRead Less
  • 08/30/2021
  • DocketOrder to Show Cause Re: Dismissal after Settlement scheduled for 12/03/2021 at 08:30 AM in Spring Street Courthouse at Department 27

    Read MoreRead Less
  • 08/30/2021
  • DocketMinute Order (Court Order)

    Read MoreRead Less
  • 08/30/2021
  • DocketCertificate of Mailing for (Court Order) of 08/30/2021; Filed by: Clerk

    Read MoreRead Less
  • 08/30/2021
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 11/29/2021 at 08:30 AM in Spring Street Courthouse at Department 27 Not Held - Advanced and Vacated on 08/30/2021

    Read MoreRead Less
  • 08/30/2021
  • DocketOn the Court's own motion, Order to Show Cause Re: Failure to File Proof of Service scheduled for 06/02/2023 at 08:30 AM in Spring Street Courthouse at Department 27 Not Held - Advanced and Vacated on 08/30/2021

    Read MoreRead Less
  • 08/17/2021
  • DocketProof of Service by Mail; Filed by: ERICA RAMOS, an individual (Plaintiff); As to: BJ'S RESTAURANTS, INC., a corporation; BJ'S RESTAURANT OPERATIONS COMPANY, a corporation (Defendant)

    Read MoreRead Less
  • 08/16/2021
  • DocketCase reassigned to Spring Street Courthouse in Department 27 - Hon. William A. Crowfoot; Reason: Inventory Transfer

    Read MoreRead Less
  • 02/23/2021
  • DocketAnswer; Filed by: BJ'S RESTAURANTS, INC., a corporation; BJ'S RESTAURANT OPERATIONS COMPANY, a corporation (Defendant); As to: ERICA RAMOS, an individual (Plaintiff)

    Read MoreRead Less
  • 01/21/2021
  • DocketUpdated -- Demurrer - without Motion to Strike: Filed By: BJ'S RESTAURANTS, INC., a corporation; BJ'S RESTAURANT OPERATIONS COMPANY, a corporation (Defendant); Result: Overruled; Result Date: 01/21/2021

    Read MoreRead Less
56 More Docket Entries
  • 10/06/2020
  • DocketNotice Of Case Assignment For All Purposes; Filed by: Clerk

    Read MoreRead Less
  • 10/06/2020
  • DocketCase assigned to Hon. Edward B. Moreton in Department 27 Spring Street Courthouse

    Read MoreRead Less
  • 10/06/2020
  • DocketUpdated -- Transfer In Case Documents Register Page Of Actions - San Bernardino County: Exact Name: Transfer In Case Documents Register Page Of Actions - San Bernardino County; As To Parties: removed

    Read MoreRead Less
  • 10/06/2020
  • DocketNotice Of Transfer Of Action And Request For Receipt; Filed by: Clerk

    Read MoreRead Less
  • 10/06/2020
  • DocketCertificate Of Assignment; Filed by: ERICA RAMOS, an individual (Plaintiff)

    Read MoreRead Less
  • 10/06/2020
  • DocketNotice Returning Documemt (s); Filed by: Clerk

    Read MoreRead Less
  • 10/06/2020
  • DocketNotice Returning Document (s); Filed by: Clerk

    Read MoreRead Less
  • 05/29/2020
  • DocketUpdated -- Complaint: Status Date changed from 10/06/2020 to 05/29/2020

    Read MoreRead Less
  • 05/29/2020
  • DocketUpdated -- Civil Case Cover Sheet: Status Date changed from 10/06/2020 to 05/29/2020

    Read MoreRead Less
  • 05/29/2020
  • DocketUpdated -- Transfer In Case Documents: Status Date changed from 10/06/2020 to 05/29/2020

    Read MoreRead Less

Tentative Rulings

Case Number: 20STLC08436    Hearing Date: January 21, 2021    Dept: 27

[TENTATIVE] ORDER RE: DEFENDANT’S DEMURRER; PLAINTIFF’S MOTION TO TRANSFER VENUE

On May 29, 2020, Plaintiff Erica Ramos (“Plaintiff”) filed this action against Defendant BJ’s Restaurants, Inc. (“Defendant”) arising from a March 24, 2018 slip and fall. This action was originally filed in San Bernardino County Superior Court and transferred to Los Angeles County Superior Court (“LASC”). A Notice of transfer was issued by the San Bernardino County Superior Court on September 9, 2020. A notice of incoming transfer was filed with at LASC on October 6, 2020.

There are three motions before the Court. Defendant demurs to Plaintiff’s complaint on the grounds that it was untimely filed. Plaintiff moves to vacate the joint stipulation between the parties to transfer the action to LASC. Plaintiff also separately moves to transfer the action to Orange County.

Defendant’s Demurrer

Defendant demurs to Plaintiff’s Complaint on the grounds that it was untimely filed. Plaintiff’s slip and fall occurred on March 24, 2018 and the applicable statute of limitations is 2 years. (Code Civ. Proc. § 355.1.) Plaintiff filed this lawsuit on May 29, 2020. Defendant was served on July 31, 2020. On August 31, 2020, the parties filed a joint stipulation to transfer this case to Los Angeles Superior Court. Defendant filed this demurrer on October 13, 2020.

On March 23, 2020, Chief Justice Tani G. Cantil-Sakauye of the California Supreme Court issued a statewide order authorizing each presiding judge to declare “court holidays” as a means to address the impact of the COVID-10 pandemic on the courts. On May 1, 2020 Presiding Judge Michael A. Sachs of the San Bernardino County Superior Court issued a Fifth Amendment to its Implementation Order which declared March 17, 2020 to May 28, 2020 holidays for purposes of computing time for certain proceedings and under Code of Civil Procedure sections 12 and 12a. Based on these holidays, Plaintiff’s action was timely filed.

However, Defendant argues that in Los Angeles County, only March 17-19, 2020 were declared holidays by Presiding Judge Kevin C. Brazile, as such, Plaintiff’s action is untimely because the parties agreed to transfer it to Los Angeles. In opposition, Plaintiff argues there is no law that requires a retrospective analysis to determine whether a particular county’s holidays renders a complaint timely. This Court agrees. Defendant offers no authority to support this novel proposition that the statute of limitations varies depending on each court’s holiday schedule. In fact, Defendant’s memorandum of points and authorities cites no law besides the general standard for a demurrer and effect of the statute of limitations.

Defendant also states the case was incorrectly filed in San Bernardino County because the subject incident and its principal place of business are not in San Bernardino County. In that

case, however, Defendant’s recourse is to file a motion to change venue. (See Code Civ. Proc. § 396b.) In choosing to enter into a joint stipulation, Plaintiff effectively saved Defendant the time and expense of needing to file a motion: a professional courtesy that Defendant transformed into a thankless gesture.

Defendant further makes much ado about how the Joint Stipulation stated “Plaintiff improperly filed her Complaint” in San Bernardino and “jointly agree” that San Bernardino is not the proper venue. (Rambis Decl., Ex. 3, ¶¶ 4-5.) Defendant suggests these are judicial admissions that bind Plaintiff but again, does not cite any case law showing that such admissions permit a retrospective analysis of the statute of limitations based on court holidays.

Defendant’s Demurrer is OVERRULED.

Plaintiff’s Motion to Vacate Stipulation and Motion to Transfer

Plaintiff moves for an order granting relief from the Joint Stipulation to Change Venue filed on August 31, 2020 which transferred the action from San Bernardino County to Los Angeles County. Plaintiff brings this Motion under Code of Civil Procedure section 473(b), which allows the court, “upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” Plaintiff argues there is surprise and excusable neglect because it was unexpected that the stipulation would be used to raise a statute of limitations argument against her. (Motion 5:15-21.)

Plaintiff also filed another motion for an order transferring this case to Orange County on the grounds that Defendants’ principal place of business is in Huntington Beach.

On reply for both these Motions, Plaintiff states that these motions are “alternative remedies” in the event the Court decides to sustain the Demurrer. As the Court overruled Defendants’ demurrer, these Motions are denied as MOOT.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.

Dated this 21st day of January 2021

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where BJ'S RESTAURANTS INC. is a litigant

Latest cases represented by Lawyer RAMBIS ALEXANDRA RACHEL

Latest cases represented by Lawyer GOBEL SEVAN ESQ.