This case was last updated from Los Angeles County Superior Courts on 10/17/2020 at 01:27:34 (UTC).

JOCELYNN TAYLOR VS LANA STEVENS

Case Summary

On 10/17/2018 JOCELYNN TAYLOR filed a Personal Injury - Motor Vehicle lawsuit against LANA STEVENS. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2906

  • Filing Date:

    10/17/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

TAYLOR JOCELYNN

Defendant

STEVENS LANA

Attorney/Law Firm Details

Plaintiff Attorney

YEAGER KENNETH CHARLES

Defendant Attorney

SCHMECKPEPER KATHY ANNE

 

Court Documents

Order (name extension) - Order [Proposed] Order Dismissing the Action of Plaintiff Jocelynn Taylor After Defendant Lana Stevens's Demurrer to Plaintiff's First Amended Complaint was Sustained Without

8/12/2020: Order (name extension) - Order [Proposed] Order Dismissing the Action of Plaintiff Jocelynn Taylor After Defendant Lana Stevens's Demurrer to Plaintiff's First Amended Complaint was Sustained Without

Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

9/23/2020: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

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

8/12/2020: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike; Hearing on Mo...)

Notice of Ruling - Notice of Ruling

8/12/2020: Notice of Ruling - Notice of Ruling

Opposition (name extension) - Opposition to Motion to Compel Discovery Responses

4/28/2020: Opposition (name extension) - Opposition to Motion to Compel Discovery Responses

Notice (name extension) - Notice of Continuance of Hearing on Discovery Motions

4/20/2020: Notice (name extension) - Notice of Continuance of Hearing on Discovery Motions

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

4/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Request (name extension) - Request to Take Judicial Notice

1/7/2020: Request (name extension) - Request to Take Judicial Notice

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

1/7/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

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

2/18/2020: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Notice of Ruling - Notice of Ruling

2/19/2020: Notice of Ruling - Notice of Ruling

Motion for Order (name extension) - Motion for Order MOTION FOR ORDER COMPELLING PLAINTIFFS VERIFIED RESPONSES TO DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS AND FOR AN ORDER IMPOSING MONETARY S

3/27/2020: Motion for Order (name extension) - Motion for Order MOTION FOR ORDER COMPELLING PLAINTIFFS VERIFIED RESPONSES TO DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS AND FOR AN ORDER IMPOSING MONETARY S

Request for Judicial Notice - Request for Judicial Notice

4/10/2020: Request for Judicial Notice - Request for Judicial Notice

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

4/10/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Proof of Personal Service - Proof of Personal Service

3/7/2019: Proof of Personal Service - Proof of Personal Service

Complaint

10/17/2018: Complaint

Summons - on Complaint

10/17/2018: Summons - on Complaint

Notice of Case Assignment - Limited Civil Case

10/17/2018: Notice of Case Assignment - Limited Civil Case

15 More Documents Available

 

Docket Entries

  • 09/23/2020
  • DocketMemorandum of Costs (Summary); Filed by: Lana Stevens (Defendant); As to: Jocelynn Taylor (Plaintiff); Total Costs: 627.79

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  • 09/17/2020
  • DocketNotice of Entry of Order Dismissing the Action of Plaintiff Jocelynn Taylor After Defendant Lana Stevens' Demurrer to Plaintiff's First Amended Complaint Was Sustained Without Leave to Amend; Filed by: Lana Stevens (Defendant); As to: Jocelynn Taylor (Plaintiff)

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  • 08/31/2020
  • DocketNon-Jury Trial scheduled for 10/15/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 08/31/2020

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  • 08/31/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/20/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 08/31/2020

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  • 08/25/2020
  • DocketUpdated -- Order Dismissing the Action of Plaintiff Jocelynn Taylor After Defendant Lana Stevens's Demurrer to Plaintiff's First Amended Complaint was Sustained Without Leave to Amend: Status Date changed from 08/12/2020 to 08/12/2020; Name Extension changed from [Proposed] Order Dismissing the Action of Plaintiff Jocelynn Taylor After Defendant Lana Stevens's Demurrer to Plaintiff's First Amended Complaint was Sustained Without Leave to Amend to Dismissing the Action of Plaintiff Jocelynn Taylor After Defendant Lana Stevens's Demurrer to Plaintiff's First Amended Complaint was Sustained Without Leave to Amend; Result Date changed from 08/25/2020 to 08/25/2020; As To Parties changed from Jocelynn Taylor (Plaintiff) to Jocelynn Taylor (Plaintiff)

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  • 08/25/2020
  • DocketUpdated -- Order [Proposed] Order Dismissing the Action of Plaintiff Jocelynn Taylor After Defendant Lana Stevens's Demurrer to Plaintiff's First Amended Complaint was Sustained Without Leave to Amend: Filed By: Lana Stevens (Defendant); Result: Granted; Result Date: 08/25/2020

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  • 08/12/2020
  • DocketNotice of Ruling; Filed by: Lana Stevens (Defendant)

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  • 08/12/2020
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike; Hearing on Mo...)

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  • 08/12/2020
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 08/12/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/12/2020; Result Type to Held

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  • 08/12/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 08/12/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/12/2020; Result Type to Held

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30 More Docket Entries
  • 01/07/2020
  • DocketRequest to Take Judicial Notice; Filed by: Lana Stevens (Defendant)

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  • 01/07/2020
  • DocketDemurrer - without Motion to Strike; Filed by: Lana Stevens (Defendant)

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  • 03/07/2019
  • DocketProof of Personal Service; Filed by: Jocelynn Taylor (Plaintiff); As to: Lana Stevens (Defendant); Service Date: 02/24/2019; Service Cost Waived: No

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  • 10/17/2018
  • DocketComplaint; Filed by: Jocelynn Taylor (Plaintiff); As to: Lana Stevens (Defendant)

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  • 10/17/2018
  • DocketCivil Case Cover Sheet; Filed by: Jocelynn Taylor (Plaintiff)

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  • 10/17/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 10/17/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/17/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 10/17/2018
  • DocketNon-Jury Trial scheduled for 04/15/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 10/17/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/20/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC12906    Hearing Date: August 12, 2020    Dept: 26

Taylor v. Stevens, et al.

DEMURRER; MOTIONS TO COMPEL

(CCP §§ 430.31, et seq., 2030.300, 2031.310)

TENTATIVE RULING:

Defendant Lana Stevens’ Demurrer to the First Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

Defendant Lana Stevens’ (1) Motion to Compel Plaintiff’s Responses to Form Interrogatories and Request for Sanctions; (2) Motion to Compel Plaintiff’s Responses to Request for Production and Request for Sanctions; and (3) Motion to Compel Plaintiff’s Attendance at Deposition and Request for Sanctions are PLACED OFF CALENDAR.

ANALYSIS:

On October 17, 2018, Plaintiff Jocelynn Taylor (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Lana Stevens (“Defendant”). On February 18, 2020, the Court sustained Defendant’s demurrer to the Complaint with leave to amend. Plaintiff filed the First Amended Complaint on March 9, 2020. Defendant filed the instant discovery motions on March 27, 2020. Defendant filed the instant Demurrer to the Complaint on April 10, 2020. To date, no opposition has been filed.

Demurrer to First Amended Complaint

The First Amended Complaint alleges a single cause of action for motor vehicle negligence. The Demurrer is accompanied by a declaration that satisfies the meet and confer requirements. (Demurrer, Schmeckpeper Decl., ¶2.) Defendant demurs to the First Amended Complaint on the grounds that it is barred by the doctrine of collateral estoppel. To date, no opposition has been filed. In support of the Demurrer, Defendant requests that the Court take judicial notice of the following:

1. Complaint filed December 19, 2017, in State Farm Mutual Automobile Insurance Company v. Jocelynn Taylor, Wakena Taylor, Los Angeles County Superior Court Case No. 17STLC05078;

2. Request for Entry of Default filed on September 11, 2018, in State Farm Mutual Automobile Insurance Company v. Jocelynn Taylor, Wakena Taylor, Los Angeles County Superior Court Case No. 17STLC05078;

3. Judgment by Court filed on April 2, 2019, in State Farm Mutual Automobile Insurance Company v. Jocelynn Taylor, Wakena Taylor, Los Angeles County Superior Court Case No. 17STLC05078.

The request for judicial notice is granted pursuant to Cal. Evidence Code section 452, subdivision (c). The documents in LASC Case No. 17STLC05078 demonstrate that Defendant’s insurer, State Farm, brought a subrogation action against Plaintiff with respect to the same automobile accident that is at issue in this case. Namely, the collision between Plaintiff and Defendant that occurred on October 19, 2016. (FAC, ¶GN-1; Demurrer, RJN, Exh. A, ¶12.) Default judgment was entered against Plaintiff in LASC Case No. 17STLC05078 on December 13, 2018. Therefore, a judgment has already been entered in Defendant’s favor with respect to the claims arising out of the same automobile action that is the subject of this action.

Collateral estoppel, or issue preclusion, “precludes relitigation of issues argued and decided in prior proceedings.” (Lucido v. Superior Court (1990) 51 Cal.3d 335, 341.) “ ‘The threshold requirements for issue preclusion are: (1) the issue is identical to that decided in the former proceeding, (2) the issue was actually litigated in the former proceeding, (3) the issue was necessarily decided in the former proceeding, (4) the decision in the former proceeding is final and on the merits, and (5) preclusion is sought against a person who was a party or in privity with a party to the former proceeding. [Citation.]’ (Castillo v. City of Los Angeles (2001) 92 Cal.App.4th 477, 481.)” (Murphy v. Murphy (2008) 164 Cal.App.4th 376, 398-399.)

Here, the issues in LASC Case No. 17STLC05078 and this action are the same, namely, liability for damages incurred in the subject automobile accident. The issues were litigated and determined in a final ruling on the merits: the default judgment entered on December 13, 2018 against Plaintiff. Finally, the parties are the same or in privity with the parties in LASC Case No. 17STLC05078, which was brought by Defendant’s insurer against Plaintiff. Plaintiff was the defendant in LASC Case No. 17STLC05078 and Defendant’s insurer stood in her shoes as the subrogating plaintiff. (See Fireman's Fund Insurance Co. v. Maryland Casualty Co. (1994) 21 Cal.App.4th 1586, 1596.) Based on the foregoing, Defendant has demonstrated that this action is barred by the doctrine of collateral estoppel.

Defendant Lana Stevens’ Demurrer to the First Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

Discovery Motions

In light of the ruling on the Demurrer to the First Amended Complaint, Defendant’s discovery motions are PLACED OFF CALENDAR.

Moving party to give notice.

Case Number: 18STLC12906    Hearing Date: February 18, 2020    Dept: 26

Taylor v. Stevens, et al.

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Defendant Lana Stevens’ Demurrer to the Complaint is SUSTAINED WITH 20 DAYS’ LEAVE TO AMEND.

ANALYSIS:

On October 17, 2018, Plaintiff Jocelynn Taylor (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Lana Stevens (“Defendant”). The Complaint alleges that the motor vehicle accident occurred on October 19, 2018. (Compl., ¶MV-1.) The Complaint was personally served on Defendant on February 24, 2019. Defendant filed the instant Demurrer to the Complaint on January 7, 2020. To date, no opposition has been filed.

Legal Standard

A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party’s pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be.

A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311.) No other extrinsic evidence can be considered (i.e., no “speaking demurrers”). A demurrer is brought under CCP § 430.10 [grounds], § 430.30 [as to any matter on its face or from which judicial notice may be taken], and § 430.50(a) [can be taken to the entire complaint or any cause of action within]. Specifically, a demurrer may be brought per CCP § 430.10(e) if insufficient facts are stated to support the cause of action asserted. Per CCP §430.10(a) a demurrer may be brought where the court has no jurisdiction of the subject of the cause of action alleged in the pleading. Furthermore, demurrer for uncertainty will be sustained only where the complaint is so bad that the defendant cannot reasonably respond. CCP § 430.10(f).

However, in construing the allegations, the court is to give effect to specific factual allegations that may modify or limit inconsistent general or conclusory allegations. (Financial Corporation of America v. Wilburn (1987) 189 Cal.App.3rd 764, 769.) And, if the facts pled in the complaint are inconsistent with facts which are incorporated by reference from exhibits attached to the complaint, the facts in the incorporated exhibits control. Further, irrespective of the name or label given to a cause of action by the plaintiff, a general demurrer must be overruled if the facts as pled in the body of the complaint state some valid claim for relief. Special demurrers are not allowed in limited jurisdiction courts. (CCP § 92(c).)

Leave to amend must be allowed where there is a reasonable possibility of successful amendment. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 348.) The burden is on the complainant to show the Court that a pleading can be amended successfully. (Id.)

Finally, CCP section 430.41 requires that “[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (CCP § 430.41(a).) The parties are to meet and confer at least five days before the date the responsive pleading is due. (CCP § 430.41(a)(2).) Thereafter, the demurring party shall file and serve a declaration detailing their meet and confer efforts. (CCP § 430.41(a)(3).)

Discussion

The Demurrer is accompanied by a declaration that satisfies the meet and confer requirements. (Demurrer, Schmeckpeper Decl., ¶¶2-6.) Defendant demurs to the Complaint on the grounds that it fails to allege facts sufficient to state a cause of action under Code of Civil Procedure section 430.41, subdivision (e). In support of the Demurrer, Defendant requests that the Court take judicial notice of the following:

  1. Traffic Collision Report no. 1615-20068, dated October 19, 2016;

  2. Complaint filed December 19, 2017, in State Farm Mutual Automobile Insurance Company v. Jocelynn Taylor, Wakena Taylor, Los Angeles County Superior Court Case No. 17STLC05078;

  3. Request for Entry of Default filed on September 11, 2018, in State Farm Mutual Automobile Insurance Company v. Jocelynn Taylor, Wakena Taylor, Los Angeles County Superior Court Case No. 17STLC05078;

  4. Judgment by Court filed on April 2, 2019, in State Farm Mutual Automobile Insurance Company v. Jocelynn Taylor, Wakena Taylor, Los Angeles County Superior Court Case No. 17STLC05078.

The request for judicial notice is denied. As to the police report, there is no evidence demonstrating the identity and trustworthiness of the document. (People v. Flaxman (1977) 74 Cal.App.3d Supp. 16, 22 [“The trial judge must be persuaded that [the routine official record’s] identity and trustworthiness, as evidenced by its mode of preparation … satisfy the requirements of Evidence Code section 452, subdivision (h).”].) As for judicial notice of the documents in subrogation action LASC Case No. 17STLC05078, the Court finds they have not been shown to be relevant to this action, which concerns a motor vehicle accident on a different date.

However, the Court does find that the Complaint fails to allege facts sufficient to state a cause of action. The Complaint seeks relief for a motor vehicle accident that allegedly occurred in the future, i.e., on a date after the Complaint had been filed. As there could not have been any such motor vehicle accident at the time the Complaint was filed, no cause of action is properly alleged against Defendant.

Defendant Lana Stevens’ Demurrer to the Complaint is SUSTAINED WITH 20 DAYS’ LEAVE TO AMEND.

Moving party to give notice.