This case was last updated from Los Angeles County Superior Courts on 07/30/2020 at 05:35:37 (UTC).

FERNANDO ROSALES VS DARCY DRU WATERSON

Case Summary

On 08/26/2019 FERNANDO ROSALES filed a Personal Injury - Other Personal Injury lawsuit against DARCY DRU WATERSON. 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:

    *******7851

  • Filing Date:

    08/26/2019

  • 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

SERENA R. MURILLO

 

Party Details

Plaintiff

ROSALES FERNANDO

Defendant

WATERSON DARCY DRU

Attorney/Law Firm Details

Defendant Attorney

BERNHEIM FERNANDO J.

 

Court Documents

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

3/23/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Response (name extension) - Response to Demurrer and Evidence Video Recording and 3 Witnesses

1/10/2020: Response (name extension) - Response to Demurrer and Evidence Video Recording and 3 Witnesses

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

1/22/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Proof of Service by Mail - Proof of Service by Mail

11/5/2019: Proof of Service by Mail - Proof of Service by Mail

Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

11/6/2019: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

9/27/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

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

9/30/2019: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court) ADDITIONAL COURT FEES

8/28/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court) ADDITIONAL COURT FEES

Proof of Personal Service - Proof of Personal Service

9/3/2019: Proof of Personal Service - Proof of Personal Service

Civil Case Cover Sheet - Civil Case Cover Sheet

8/26/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

8/26/2019: Summons - Summons on Complaint

Complaint - Complaint

8/26/2019: Complaint - Complaint

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

8/26/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

8/26/2019: First Amended Standing Order - First Amended Standing Order

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

8/26/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

3 More Documents Available

 

Docket Entries

  • 08/29/2022
  • Hearing08/29/2022 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 02/22/2021
  • Hearing02/22/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/17/2020
  • Hearing08/17/2020 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Demurrer - without Motion to Strike

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  • 03/23/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 03/23/2020
  • DocketOn the Court's own motion, Hearing on Demurrer - without Motion to Strike scheduled for 04/08/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Court's Motion was rescheduled to 08/17/2020 10:30 AM

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  • 01/22/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 01/22/2020
  • DocketReset - Court Unavailable, Hearing on Demurrer - without Motion to Strike scheduled for 01/27/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 04/08/2020 10:30 AM

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  • 01/10/2020
  • DocketResponse to Demurrer and Evidence Video Recording and 3 Witnesses; Filed by: Fernando Rosales (Plaintiff)

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  • 11/06/2019
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 01/27/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/06/2019
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike)

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10 More Docket Entries
  • 08/26/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/29/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/26/2019
  • DocketRequest to Waive Additional Court Fees (Superior Court); Filed by: Fernando Rosales (Plaintiff)

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  • 08/26/2019
  • DocketRequest to Waive Court Fees; Filed by: Fernando Rosales (Plaintiff)

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  • 08/26/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Fernando Rosales (Plaintiff)

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  • 08/26/2019
  • DocketCivil Case Cover Sheet; Filed by: Fernando Rosales (Plaintiff)

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  • 08/26/2019
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 08/26/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/26/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/26/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 08/26/2019
  • DocketNon-Jury Trial scheduled for 02/22/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 19STLC07851     Hearing Date: November 06, 2019    Dept: 94

Rosales v. Waterson, et al.

DEMURRER TO COMPLAINT

(CCP § 430.10)

TENTATIVE RULING:

Defendant Darcy Dru Watersons Demurrer to Complaint is CONTINUED to January 27, 2020 at 10:30 a.m. in Department 94.

ANALYSIS:

I. Background

On August 26, 2019, Plaintiff Fernando Rosales (“Plaintiff”) initiated this action on to recover property damages from his former tenant, Defendant Darcy Dru Waterson (“Defendant”). In response, Defendant filed the instant Demurrer on September 30, 2019. Having reviewed Defendant’s meet-and-confer declaration, the Court is satisfied with Defendant’s meet-and-confer effort. (Bernheim Decl. ¶¶ 2-5.)

II. Discussion

“Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California . . . .” (CCP § 1005(b).)

Here, Defendant fails to attach a proof of service to the Demurrer to show that it was properly served on Plaintiff. Notably, Plaintiff has not opposed to the Demurrer—perhaps, for lack of service. Accordingly, the Court cannot consider the Demurrer at this time.

III. Conclusion & Order

For the stated reasons, the Demurrer is CONTINUED to January 27, 2020 at 10:30 a.m. in Department 94.

Moving party is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.