This case was last updated from Los Angeles County Superior Courts on 10/14/2020 at 03:50:47 (UTC).

INA MELLER, ET AL. VS CAILAN SEAVEY

Case Summary

On 02/15/2019 INA MELLER filed a Personal Injury - Uninsured Motor Vehicle lawsuit against CAILAN SEAVEY. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1703

  • Filing Date:

    02/15/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Uninsured Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiffs

MELLER INA

MELLER ILYA

Defendant

SEAVEY CAILAN

Attorney/Law Firm Details

Plaintiff Attorney

KRUGER JACKIE ROSE

Defendant Attorney

ARQUELL IVETTA

 

Court Documents

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

7/1/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Answer - Answer

7/1/2019: Answer - Answer

Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT TO DISMISS PLAINTIFFS COMPLAINT BASED ON ACCORD AND SATISFACTION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLA

8/15/2019: Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT TO DISMISS PLAINTIFFS COMPLAINT BASED ON ACCORD AND SATISFACTION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLA

Separate Statement - Separate Statement

8/15/2019: Separate Statement - Separate Statement

Notice (name extension) - Notice of Errata RE: Plaintiffs' Opposition to Defendant's MSJ and Documents Filed Concurrently

11/21/2019: Notice (name extension) - Notice of Errata RE: Plaintiffs' Opposition to Defendant's MSJ and Documents Filed Concurrently

Reply (name extension) - Reply to Plaintiffs' Opposition to Defendant's Motion for Summary Judgment

11/25/2019: Reply (name extension) - Reply to Plaintiffs' Opposition to Defendant's Motion for Summary Judgment

Proof of Personal Service - Proof of Personal Service

12/6/2019: Proof of Personal Service - Proof of Personal Service

Minute Order - Minute Order (Ruling on Submitted Matter)

1/3/2020: Minute Order - Minute Order (Ruling on Submitted Matter)

Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION TO COMPEL DISCOVERY RESPONSES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF IVETTA ARQUELL; REQUEST FOR SANCTIONS IN THE A

2/3/2020: Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION TO COMPEL DISCOVERY RESPONSES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF IVETTA ARQUELL; REQUEST FOR SANCTIONS IN THE A

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

3/20/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

3/20/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION TO COMPEL DEPOSITION OF PLAINTIFF INA MELLER; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF IVETTA ARQUELL; REQUEST FOR SANC

4/3/2020: Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION TO COMPEL DEPOSITION OF PLAINTIFF INA MELLER; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF IVETTA ARQUELL; REQUEST FOR SANC

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Continuance of Hearings) of 04/24/2020

4/24/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Continuance of Hearings) of 04/24/2020

Opposition (name extension) - Opposition PLAINTIFF ILYA MELLERS OPPOSITION TO DEFENDANTS MOTION TO COMPEL DEPOSITION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ZAVOSH RASHIDI IN SUPPORT T

6/16/2020: Opposition (name extension) - Opposition PLAINTIFF ILYA MELLERS OPPOSITION TO DEFENDANTS MOTION TO COMPEL DEPOSITION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ZAVOSH RASHIDI IN SUPPORT T

Opposition (name extension) - Opposition Plaintiffs' Opposition to Defendant's Motion to Compel Discovery Responses

6/16/2020: Opposition (name extension) - Opposition Plaintiffs' Opposition to Defendant's Motion to Compel Discovery Responses

Opposition (name extension) - Opposition PLAINTIFF INA MELLERS OPPOSITION TO DEFENDANTS MOTION TO COMPEL DEPOSITION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ZAVOSH RASHIDI IN SUPPORT TH

6/16/2020: Opposition (name extension) - Opposition PLAINTIFF INA MELLERS OPPOSITION TO DEFENDANTS MOTION TO COMPEL DEPOSITION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ZAVOSH RASHIDI IN SUPPORT TH

Complaint - Complaint

2/15/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

2/15/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

15 More Documents Available

 

Docket Entries

  • 02/18/2022
  • Hearing02/18/2022 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 12/14/2020
  • Hearing12/14/2020 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 06/22/2020
  • DocketPursuant to the request of moving party, Hearing on Motion to Compel Deposition of Plaintiff Ilya Meller scheduled for 06/29/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Party on 06/22/2020

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  • 06/22/2020
  • DocketPursuant to the request of moving party, Hearing on Motion to Compel Deposition of Plaintiff Ina Meller scheduled for 06/29/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Party on 06/22/2020

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  • 06/22/2020
  • DocketPursuant to the request of moving party, Hearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 06/29/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Party on 06/22/2020

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  • 06/22/2020
  • DocketPursuant to the request of moving party, Hearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 06/29/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Party on 06/22/2020

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  • 06/16/2020
  • DocketOpposition Plaintiffs' Opposition to Defendant's Motion to Compel Discovery Responses; Filed by: Ina Meller (Plaintiff); Ilya Meller (Plaintiff)

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  • 06/16/2020
  • DocketOpposition PLAINTIFF INA MELLER?S OPPOSITION TO DEFENDANT?S MOTION TO COMPEL DEPOSITION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ZAVOSH RASHIDI IN SUPPORT THEREOF; Filed by: Ina Meller (Plaintiff)

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  • 06/16/2020
  • DocketOpposition PLAINTIFF ILYA MELLER?S OPPOSITION TO DEFENDANT?S MOTION TO COMPEL DEPOSITION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ZAVOSH RASHIDI IN SUPPORT THEREOF; Filed by: Ilya Meller (Plaintiff)

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  • 04/24/2020
  • DocketHearing on Motion to Compel Deposition of Plaintiff Ilya Meller scheduled for 06/29/2020 at 10:00 AM in Spring Street Courthouse at Department 25

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34 More Docket Entries
  • 07/01/2019
  • DocketDemand for Jury Trial; Filed by: Cailan Seavey (Defendant)

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  • 07/01/2019
  • DocketAnswer; Filed by: Cailan Seavey (Defendant); As to: Ina Meller (Plaintiff); Ilya Meller (Plaintiff)

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  • 07/01/2019
  • DocketNotice of Posting of Jury Fees; Filed by: Cailan Seavey (Defendant)

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  • 02/20/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/18/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/20/2019
  • DocketNon-Jury Trial scheduled for 08/14/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/20/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 02/15/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/15/2019
  • DocketSummons on Complaint; Issued and Filed by: Ina Meller (Plaintiff); As to: Ilya Meller (Plaintiff); Cailan Seavey (Defendant)

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  • 02/15/2019
  • DocketCivil Case Cover Sheet; Filed by: Ina Meller (Plaintiff); Ilya Meller (Plaintiff); As to: Ilya Meller (Plaintiff); Cailan Seavey (Defendant)

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  • 02/15/2019
  • DocketComplaint; Filed by: Ina Meller (Plaintiff); Ilya Meller (Plaintiff); As to: Ilya Meller (Plaintiff); Cailan Seavey (Defendant)

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Tentative Rulings

Case Number: 19STLC01703    Hearing Date: December 03, 2019    Dept: 94

MOTION FOR SUMMARY JUDGMENT ON COMPLAINT

(CCP § 437c)

TENTATIVE RULING:

Defendant Cailan Seavey’s Motion for Summary Judgment on the Complaint is DENIED.

ANALYSIS:

I. Background

On February 15, 2019, Plaintiffs Ina Meller and Ilya Meller (jointly, “Plaintiffs”) brought this action against Defendant Cailan Seavey (“Defendant”) asserting two causes of action for general negligence and motor vehicle negligence. Plaintiff alleges in the Complaint that Defendant breached her duty of care by negligently reversing her motor vehicle, striking Plaintiffs’ vehicle.

On August 15, 2019, Defendant brought the instant Motion for Summary Judgment on the Complaint (the “Motion”). An opposition was late-filed and late-served by plaintiffs, thus the court declines to consider the opposition.

II. Legal Standard

“The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law . . . .” (CCP § 437c(c).) “A defendant’s motion for summary judgment asks the court to determine, as a matter of law, that the entire action has no merit. [Citation.] A cause of action ‘has no merit’ if one or more of the elements of the cause of action cannot be established or an affirmative defense to the cause of action can be established. [Citation.]” (Donohue v. AMN Services, LLC (2018) 29 Cal.App.5th 1068, 1076, emphasis added.) “To determine whether the parties have met their respective burdens, the court considers ‘all of the evidence set forth in the supporting and opposition papers, except that to which objections have been made and sustained by the court, and all uncontradicted inferences reasonably deducible from the evidence.’” (Nieto v. Blue Shield of California Life & Health Ins. Co. (2010) 181 Cal.App.4th 60, 71.)

III. Analysis

Here, Plaintiffs assert two causes of action, one for “general negligence” and another for “motor vehicle negligence.” However, Plaintiffs allege no other facts in their second cause of action to distinguish it from the first. Plaintiffs only allege that on March 28, 2018, Defendant reversed her motor vehicle and struck Plaintiffs’ vehicle, causing their injuries. (Compl., p. 4.) Thus, the court will analyze both causes of action as one cause of action for negligence.

Defendant moves the court for an order granting summary judgment based on a settlement between Defendant and Plaintiffs amounting to an accord and satisfaction pursuant to Uniform Commercial Code section 3-311. (Motion, pp. 1-2.) Defendant asserts on December 27, 2018, after some settlement discussions and requests for medical records and billings, Geico issued check number 202158618 and 202158624 to “The Kruger Law Firm and Ina Meller” and “The Kruger Law Firm and Ilya Meller” respectively. (Arquell Decl. ¶¶ 5-6; Exhs. B, C.) Both checks state on the front: “In Payment of Bodily Injury Coverage. Full & Final Settlement of any & all claims. Each side to bear their own costs.” (Arquell Decl. ¶ 9; Exhs. B, C.) On February 13, 2019, the two checks were endorsed by plaintiffs and cashed by The Kruger Law Firm. (Arquell Decl. ¶¶ 10-11; Exhs. B, C.) The money has never been returned to Geico, Defendant’s insurance company. (Arquell Decl. ¶ 13.)

First, Defendant mistakenly cites to Uniform Commercial Code (“UCC”) section 3-311. The state must choose to adopt the UCC for it to be applicable. (15A Am. Jur.2d Commercial Code § 1.) However, California has adopted this particular cited section and codified it as California Commercial Code section 3311. Second, it is unclear why or how the commercial code applies to this transaction as an alleged settlement agreement is not a sale of a good.

Finally, although the court understands defendant’s argument that plaintiffs released their claims, the court cannot grant the motion for summary judgment as defendant has not provided adequate evidence of a valid release. (See Rodriguez v. Oto (2013) 212 Cal.App.4th 1020, 1026 (“The existence of a valid release is a complete defense to a tort action against the releasee.”).) Defendant attached unsigned releases to the Motion, thus the court cannot determine whether a valid release exists, despite the fact the settlement checks were disbursed and cashed.

III. Conclusion & Order

For the foregoing reasons, the Motion is DENIED.

The Court also notes that since this action was file in February 2019, Plaintiffs have not filed a proof of service showing that they have served Defendant with the Summons and Complaint. Per CRC 3.110(b), Plaintiff is required to do so within 60 days. “If a party fails to serve and file pleadings as required under this rule, and has not obtained an order extending time to serve its pleadings, the court may issue an order to show cause why sanctions shall not be imposed.” (CRC 3.110(f).) Pursuant to CRC 3.110(f), the Court hereby sets an OSC Hearing re: Sanctions for Failure to Serve Defendant for MARCH 3, 2020

Moving Party is 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.

PLY
: None filed as of Nov. 21, 2019