This case was last updated from Los Angeles County Superior Courts on 05/09/2021 at 01:28:30 (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 Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7851

  • Filing Date:

    08/26/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Other Personal Injury

  • 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 Attorneys

BERNHEIM FERNANDO J.

BERNHEIM CHRISTINA

 

Court Documents

Order - Dismissal - Order - Dismissal

1/26/2021: Order - Dismissal - Order - Dismissal

Amended Complaint - (Amended)

9/8/2020: Amended Complaint - (Amended)

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

10/8/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Proof of Service by Mail - Proof of Service by Mail

1/14/2021: Proof of Service by Mail - Proof of Service by Mail

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

1/26/2021: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Notice of Ruling - Notice of Ruling

2/19/2021: Notice of Ruling - Notice of Ruling

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

8/17/2020: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Notice of Ruling - Notice of Ruling

8/17/2020: Notice of Ruling - Notice of Ruling

Certificate of Mailing for - Certificate of Mailing for (Hearing on Demurrer - without Motion to Strike) of 08/17/2020

8/17/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Demurrer - without Motion to Strike) of 08/17/2020

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

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

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)

14 More Documents Available

 

Docket Entries

  • 05/06/2021
  • DocketNon-Jury Trial scheduled for 05/07/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 05/06/2021

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  • 05/06/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/29/2022 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 05/06/2021

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  • 04/29/2021
  • DocketBrief on dismissal of entire case; Filed by: Darcy Dru Waterson (Defendant)

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  • 02/19/2021
  • DocketNotice of Ruling; Filed by: Darcy Dru Waterson (Defendant)

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  • 01/26/2021
  • DocketNon-Jury Trial scheduled for 05/07/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 01/26/2021
  • DocketOn the Amended Complaint (1st) filed by Fernando Rosales on 09/08/2020, entered Order for Dismissal without prejudice as to the entire action

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  • 01/26/2021
  • DocketOrder - Dismissal; Issued and Filed by: Clerk

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  • 01/26/2021
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike)

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  • 01/26/2021
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 01/26/2021 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 01/26/2021; Result Type to Held

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  • 01/26/2021
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 02/22/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 05/07/2021 08:30 AM

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

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  • 08/26/2019
  • DocketComplaint; Filed by: Fernando Rosales (Plaintiff); As to: Darcy Dru Waterson (Defendant)

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

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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
  • DocketFirst Amended Standing Order; 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
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 08/26/2019
  • DocketCivil Case Cover Sheet; 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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Tentative Rulings

Case Number: 19STLC07851    Hearing Date: January 26, 2021    Dept: 26

Rosales v. Waterson, et al.

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Defendant Darcy Dru Waterson’s Demurrer to the First Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

ANALYSIS:

On August 26, 2019, Plaintiff Fernando Rosales (“Plaintiff”), in pro per, filed the instant action for property damage against Defendant Darcy Dru Waterson (“Defendant”). On August 17, 2020, the Court sustained Defendant’s Demurrer to the original Complaint with 20 days’ leave to amend. Plaintiff filed the First Amended Complaint on September 8, 2020.

Defendant filed the instant Demurrer to the First Amended Complaint on October 8, 2020. To date, no opposition has been filed.

Discussion

The Court finds that the Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Bernheim Decl., ¶¶2-4.) Defendant demurs to the First Amended Complaint for failure to allege sufficient facts to state a cause of action. (Citing Code Civ. Proc., § 430.10, subd. (e).)

The First Amended Complaint alleges that Defendant became a tenant of the property at 607 E. Alvarado St., Pomona, CA 91767 (“the subject property”), owned by Plaintiff, on March 1, 2012. (FAC, p. 1:22-25.) On August 5, 2019, Defendant’s son Tony Waterson Lopez allegedly threatened Plaintiff’s wife Margarita Rosales and two days later, Defendant and Lopez allegedly destroyed the property. (Id. at pp. 1:25-2:13 and Exh. G.) The damage to the house included “feces and urine penetration into the wooden walls and floors that needed replacement, in addition to the broken foundation and holes in the wall. (Id. at p. 2: 13-16 and Exh. I.) The estimated damage to the subject property was $18,250.00, plus an additional $70,000.00 loss Plaintiff suffered upon selling the house. (Id. at p. 2:16-25 and Exhs. G, I.)

To the extent the First Amended Complaint alleges damage to property, which could be actionable as trespass or as a violation of Civil Code section 1714, there are no facts alleged to show that Defendant caused the damages. Rather, the First Amended Complaint only alleges that hammering/pounding/breaking/destruction sounds came from the subject property on the night of August 7, 2019 “along with the raging/yelling/angry sounding voices of Darcy Dru Waterson, Tony Waterson Lopez and Angelina Waterson Lopez.” (FAC, p. 2:3-5.) The pleading later alleges that Tony Waterson Lopez admitted to putting holes in the wall to the restraining order judge. (Id. at p. 2:16-18.) There are no allegations that Defendant was responsible for any of the damage; merely being present on the night of the destruction is insufficient.

Based on the foregoing, the Court finds the First Amended Complaint fails to state facts sufficient to state a cause of action. Also, as the Demurrer is unopposed, Plaintiff offers no explanation as to how the First Amended Complaint can be amended to allege a cause of action against Defendant. Plaintiff bears the burden of proof on this issue. (Hendy v. Losse (1991) 54 Cal.3d 723, 742.)

Conclusion

Therefore, Defendant Darcy Dru Waterson’s Demurrer to the First Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

Moving party to give notice.

Case Number: 19STLC07851    Hearing Date: August 17, 2020    Dept: 26

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Defendant Darcy Dru Waterson’s Demurrer to the Complaint is SUSTAINED WITH 20 DAYS’ LEAVE TO AMEND.

ANALYSIS:

On August 26, 2019, Plaintiff Fernando Rosales (“Plaintiff”), in pro per, filed the instant action for property damage against Defendant Darcy Dru Waterson (“Defendant”). On September 30, 2019, Defendant filed the instant Demurrer to the Complaint. Plaintiff filed an opposition on January 10, 2020.

Discussion

The Court finds that the Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Bernheim Decl., ¶¶2-5.) In demurring to the Complaint, Defendant contends that the Complaint fails to allege sufficient facts to state a cause of action and is uncertain. (Citing Code Civ. Proc., § 430.10, subds. (e), (f).) As an initial matter, the Court will not rule on the demurrer for uncertainty because special demurrers are not permitted in a court of limited jurisdiction. (Code Civ. Proc., § 92, subd. (c).)

The Complaint fails to state a cause of action demonstrating that Plaintiff is entitled to recover for property damage. The Complaint does not indicate what cause of action is alleged against Defendant. (Compl., ¶10.) It simply alleges that Plaintiff suffered “loss of use of property” in the amount of $18,290.00 (Id. at ¶¶11b, 14.) Nor does it include any facts regarding what conduct by Defendant caused Plaintiff’s property damage. In fact, no causes of action are attached to the Complaint as required. (Compl., ¶10.)

The Court notes that Plaintiff’s opposition is not accompanied by a proof of service demonstrating that it was served on Defendant. The Court, therefore, is not inclined to rely on the arguments asserted therein. In any event, the opposition does not show the Demurrer should be overruled.

In opposing the Demurrer, Plaintiff appears contends that the damage was to a house Defendant lived in. It is not clear what rights Plaintiff has in connection with the house, for example, if he is the owner, landlord, or property manager. Nor does the opposition indicate how the house was damaged, other than to contend it was “uninhabitable” after Defendant vacated the property. (Opp., p. 2.)

Based on the foregoing, the Court finds the Complaint fails to state facts sufficient to state a cause of action. Defendant Darcy Dru Waterson’s Demurrer to the Complaint is SUSTAINED WITH 20 DAYS’ LEAVE TO AMEND.

Moving party to give notice.

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.

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