This case was last updated from Los Angeles County Superior Courts on 02/15/2021 at 21:21:53 (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

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • 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 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

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

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)

Motion to Transfer - Motion to Transfer

11/23/2020: Motion to Transfer - Motion to Transfer

Minute Order - Minute Order (Hearing on Ex Parte Application for an Order Shortening Time ...)

12/2/2020: Minute Order - Minute Order (Hearing on Ex Parte Application for an Order Shortening Time ...)

Declaration (name extension) - Declaration DECLARATION OF ALEXANDRA RAMBIS IN SUPPORT OF DEFENDANT BJS RESTAURANTS, INC.S DEMURRER TO PLAINTIFFS COMPLAINT

10/13/2020: Declaration (name extension) - Declaration DECLARATION OF ALEXANDRA RAMBIS IN SUPPORT OF DEFENDANT BJS RESTAURANTS, INC.S DEMURRER TO PLAINTIFFS COMPLAINT

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

10/13/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Certificate (name extension) - Certificate Of Assignment

10/6/2020: Certificate (name extension) - Certificate Of Assignment

Notice (name extension) - Notice Returning Documemt (s)

10/6/2020: Notice (name extension) - Notice Returning Documemt (s)

Order (name extension) - Order

10/6/2020: Order (name extension) - Order

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

10/6/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

10/6/2020: First Amended Standing Order - First Amended Standing Order

Notice of Incoming Transfer - Notice of Incoming Transfer

10/6/2020: Notice of Incoming Transfer - Notice of Incoming Transfer

28 More Documents Available

 

Docket Entries

  • 06/02/2023
  • Hearing06/02/2023 at 08:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 11/29/2021
  • Hearing11/29/2021 at 08:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 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

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  • 01/21/2021
  • DocketUpdated -- Motion to Vacate Order Granting Joint Stipulation for Change of Venue and Joint Stipulation to Change Venue: Filed By: ERICA RAMOS, an individual (Plaintiff); Result: Denied; Result Date: 01/21/2021

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  • 01/21/2021
  • DocketUpdated -- Motion to Transfer: Filed By: ERICA RAMOS, an individual (Plaintiff); Result: Denied; Result Date: 01/21/2021

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  • 01/21/2021
  • DocketOrder Appointing Court Approved Reporter as Official Reporter Pro Tempore sandra Guerra, CSR#10977; Filed by: BJ'S RESTAURANTS, INC., a corporation; BJ'S RESTAURANT OPERATIONS COMPANY, a corporation (Defendant)

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  • 01/21/2021
  • DocketNotice of Ruling; Filed by: ERICA RAMOS, an individual (Plaintiff)

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  • 01/21/2021
  • DocketMinute Order (Hearing on Motion - Other To Set Aside Joint Stipulation and ...)

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  • 01/21/2021
  • DocketHearing on Motion - Other To Set Aside Joint Stipulation and Vacate Order Per CCP Section 473(b) scheduled for 01/21/2021 at 01:30 PM in Spring Street Courthouse at Department 27 updated: Result Date to 01/21/2021; Result Type to Held - Motion Denied

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  • 01/21/2021
  • DocketHearing on Motion for Change of Venue scheduled for 01/21/2021 at 01:30 PM in Spring Street Courthouse at Department 27 updated: Result Date to 01/21/2021; Result Type to Held - Motion Denied

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

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

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  • 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

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

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

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

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

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

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

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

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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

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