This case was last updated from Los Angeles County Superior Courts on 06/22/2020 at 06:08:38 (UTC).

JOSE ANTONIO CORDOVA, ET AL. VS NORYLIE AGUILAR DESALESA

Case Summary

On 08/14/2018 JOSE ANTONIO CORDOVA filed a Personal Injury - Motor Vehicle lawsuit against NORYLIE AGUILAR DESALESA. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0669

  • Filing Date:

    08/14/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiffs

MONTOYA ERNESTO

CORDOVA JOSE ANTONIO

CORDOVA MENDOZA JOSE ANTONIO

CASTILLO RUMALDO

Defendant

DESALESA NORYLIE AGUILAR

Attorney/Law Firm Details

Plaintiff Attorney

CASADO KELLY LAWRENCE

Defendant Attorneys

PARSANJ GINA SHIRINIAN

PARSANJ GINA

 

Court Documents

Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFF

5/15/2020: Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFF

Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFF

5/15/2020: Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFF

Clerk of Court Notice of Clerical Error and Correction - Clerk of Court Notice of Clerical Error and Correction

7/26/2019: Clerk of Court Notice of Clerical Error and Correction - Clerk of Court Notice of Clerical Error and Correction

Opposition (name extension) - Opposition DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR ORDER GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT TO NAME RUMALDO CASTILLO AS A PLAINTIFF TO THIS ACTION...

9/9/2019: Opposition (name extension) - Opposition DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR ORDER GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT TO NAME RUMALDO CASTILLO AS A PLAINTIFF TO THIS ACTION...

Declaration (name extension) - Declaration in support of Plaintiffs' Motion for Leave to Amend Complaint

9/10/2019: Declaration (name extension) - Declaration in support of Plaintiffs' Motion for Leave to Amend Complaint

Minute Order - Minute Order (Hearing on Motion for Leave Motion for Leave to File First Am...)

10/2/2019: Minute Order - Minute Order (Hearing on Motion for Leave Motion for Leave to File First Am...)

Amended Complaint - Amended Complaint

11/20/2019: Amended Complaint - Amended Complaint

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

12/26/2019: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

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

2/3/2020: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Notice of Ruling - Notice of Ruling

2/5/2020: Notice of Ruling - Notice of Ruling

Answer - Answer

2/11/2020: Answer - Answer

Demand for Jury Trial - Demand for Jury Trial

2/11/2020: Demand for Jury Trial - Demand for Jury Trial

Motion for Leave (name extension) - Motion for Leave Motion for Leave to File First Amended Complaint

5/3/2019: Motion for Leave (name extension) - Motion for Leave Motion for Leave to File First Amended Complaint

Opposition (name extension) - Opposition TO PLANTIFF'S MOTION FOR ORDER GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT TO NAME RUMALDO CASTILLO AS A PLAINTIFF TO THIS ACTION; MEMORANDUM OF POINTS AND

7/2/2019: Opposition (name extension) - Opposition TO PLANTIFF'S MOTION FOR ORDER GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT TO NAME RUMALDO CASTILLO AS A PLAINTIFF TO THIS ACTION; MEMORANDUM OF POINTS AND

Minute Order - Minute Order (Hearing on Motion for Leave Motion for Leave to File First Am...)

7/31/2019: Minute Order - Minute Order (Hearing on Motion for Leave Motion for Leave to File First Am...)

Demand for Jury Trial - Demand for Jury Trial

10/18/2018: Demand for Jury Trial - Demand for Jury Trial

Summons - on Complaint

8/14/2018: Summons - on Complaint

Civil Case Cover Sheet

8/14/2018: Civil Case Cover Sheet

11 More Documents Available

 

Docket Entries

  • 08/17/2021
  • Hearing08/17/2021 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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  • 10/26/2020
  • Hearing10/26/2020 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 05/15/2020
  • DocketMotion to Compel NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFF; Filed by: Norylie Aguilar Desalesa (Defendant)

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  • 05/15/2020
  • DocketMotion to Compel NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFF; Filed by: Norylie Aguilar Desalesa (Defendant)

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  • 02/13/2020
  • DocketUpdated -- Gina Parsanj (Attorney): Organization Name changed from WWALSSI to Law Offices of Gregory J. Lucett

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  • 02/13/2020
  • DocketAddress for Gina Parsanj (Attorney) updated

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  • 02/11/2020
  • DocketAnswer; Filed by: Norylie Aguilar Desalesa (Defendant); As to: Jose Antonio Cordova Mendoza (Plaintiff); Ernesto Montoya (Plaintiff); Rumaldo Castillo (Plaintiff)

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  • 02/11/2020
  • DocketDemand for Jury Trial; Filed by: Norylie Aguilar Desalesa (Defendant)

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  • 02/07/2020
  • DocketNon-Jury Trial scheduled for 10/26/2020 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 02/07/2020
  • DocketPursuant to the request of defendant, Non-Jury Trial scheduled for 02/11/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 10/26/2020 08:30 AM

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25 More Docket Entries
  • 10/18/2018
  • DocketDemand for Jury Trial; Filed by: Norylie Aguilar Desalesa (Defendant)

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  • 10/18/2018
  • DocketAnswer; Filed by: Norylie Aguilar Desalesa (Defendant)

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  • 08/27/2018
  • DocketProof of Service by Substituted Service; Filed by: Jose Antonio Cordova (Plaintiff); Ernesto Montoya (Plaintiff); As to: Norylie Aguilar Desalesa (Defendant); Proof of Mailing Date: 08/25/2018; Service Cost: 75.00; Service Cost Waived: No

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  • 08/16/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 08/16/2018
  • DocketNon-Jury Trial scheduled for 02/11/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/16/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 08/17/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/14/2018
  • DocketComplaint; Filed by: Jose Antonio Cordova (Plaintiff); Ernesto Montoya (Plaintiff); As to: Norylie Aguilar Desalesa (Defendant)

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  • 08/14/2018
  • DocketCivil Case Cover Sheet; Filed by: Jose Antonio Cordova (Plaintiff); Ernesto Montoya (Plaintiff)

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  • 08/14/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 08/14/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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Tentative Rulings

Case Number: 18STLC10669    Hearing Date: February 03, 2020    Dept: 25

DEMURRER

(CCP § 431.31, et seq.)

TENTATIVE RULING:

Defendant Norylie Desalesa Aguilar’s Demurrer to the Amended Complaint is OVERRULED.

I. Background

On August 14, 2018, Plaintiffs Jose Antonio Cordova Mendoza (“Cordova”) and Ernesto Montoya (“Montoya”) filed an action for motor vehicle negligence and general negligence against Defendant Norylie Aguilar Desalesa (“Defendant”). On October 18, 2018, Defendant filed an Answer.

On May 3, 2019, Cordova and Montoya filed a Motion for Leave to File First Amended Complaint (“Motion for Leave”), seeking to add Rumaldo Castillo (“Castillo”) as a plaintiff to this action. The Motion for Leave was initially heard on July 31, 2019, where Defendant argued in opposition that Castillo’s claims were barred by the statute of limitations. (7/31/2019 Minute Order.) The Court rejected Defendant’s arguments and noted the statute of limitations issue was a matter to be raised by demurrer but continued the hearing for that Motion for Leave to allow for the correction of procedural defects. (Id.). On October 2, 2019, the Court granted Cordova and Montoya’s Motion for Leave. (Id.)

On November 20, 2019, Plaintiffs filed a First Amended Complaint (“FAC”).

On December 6, 2019, Defendant filed a Demurrer to Amended Complaint (the “Demurrer”). To date, no opposition or reply briefs have been filed.

II. Legal Standard

“The primary function of a pleading is to give the other party notice so that it may prepare its

case [citation], and a defect in a pleading that otherwise properly notifies a party cannot be said to

affect substantial rights.” (Harris v. City of Santa Monica (2013) 56 Cal.4th 203, 240.)

“A demurrer tests the legal sufficiency of the factual allegations in a complaint.” (Ivanoff v. Bank of

America, N.A. (2017) 9 Cal.App.5th 719, 725.) The Court looks to whether “the complaint alleges

facts sufficient to state a cause of action or discloses a complete defense.” (Id.) The Court does not

“read passages from a complaint in isolation; in reviewing a ruling on a demurrer, we read the

complaint ‘as a whole and its parts in their context.’ [Citation.]” (West v. JPMorgan Chase Bank,

N.A. (2013) 214 Cal.App.4th 780, 804.) The Court “assume[s] the truth of the properly pleaded

factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of

which judicial notice has been taken.” (Harris, supra, 56 Cal.4th p. 240.) “The court does not,

however, assume the truth of contentions, deductions or conclusions of law. [Citation.]” (Durell v.

Sharp Healthcare (2010) 183 Cal.App.4th 1350, 1358.)

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, Code of Civil Procedure 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.” (Code Civ. Proc., § 430.41, subd. (a).) The parties are to meet and confer at least five days before the date the responsive pleading is due. (Code Civ. Proc., § 430.41, subd. (a)(2).) Thereafter, the demurring party shall file and serve a declaration detailing their meet and confer efforts. (Code Civ. Proc., § 430.41, subd. (a)(3).)

III. Discussion

As an initial matter, the Court finds that the Demurrer accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Parsanj Decl., ¶ 2-3.)

The vehicle accident underlying this action occurred on August 25, 2016. (FAC., p. 4, ¶ MV-1.) Plaintiff Castillo was not added as a plaintiff until November 20, 2019. Defendant contends that, because Castillo was added to this action after the statute of limitations for personal injury had run, the entire FAC is subject to demurrer on the basis that it does not state facts sufficient to constitute a cause of action. (Demurrer, p. 4.) Defendant is correct that the statute of limitations for personal injury actions is 2 years. (Code Civ. Proc., § 335.1.) However, Defendant’s argument overlooks the relation-back doctrine.

“An amended complaint is considered a new action for purposes of the statute of limitations only if the claims do not ‘relate back’ to an earlier, timely-filed complaint.” (Pointe San Diego Residential Community, L.P v. Procopio, Cory, Hargreaves & Savitch, LLP (2011) 195 Cal.App.4th 265, 276.) For the relation-back doctrine to apply, the amended complaint must (1) be based on the same general set of facts, (2) involve the same injury, and (3) refer to the same incident or instrumentality as the original complaint. (Norgart v. Upjohn Co. (1999) 21 Cal.4th 383, 408.) “When there is an attempt to add a party after the statute of limitations has run, however, relation back to the original pleadings ‘is dependent upon whether recovery is sought on the same general set of facts as those [originally] alleged. [Citation.]” (Citizens Assn. for Sensible Development of Bishop Area v. County of Inyo (1985) 172 Cal.App.3d 151, 160.) (Emphasis in original.) Indeed, “when recovery is sought on the same basic set of facts, the main policy of the statute of limitations, to put defendants on notice of the need to defend against a claim in time to prepare a fair defense on the merits, is satisfied.” (Id.)

Here, the Court finds that Plaintiff Castillo alleges injuries based on the same general set of facts and refers to the same incident as what was alleged in Cordova’s and Montoya’s original complaint, i.e., the August 25, 2016 vehicle accident. (FAC, p. 4, ¶ MV-1, and p. 5, ¶ GN-1.) Thus, although Castillo was added as a plaintiff after the statute of limitations for personal injury had run, the FAC is not time-barred because the relation-back doctrine applies.

Accordingly, Defendant’s Demurrer is OVERRULED.

IV. Conclusion & Order

For the foregoing reasons, Defendant Norylie Desalesa Aguilar’s Demurrer to the Amended Complaint is OVERRULED.

Moving party is ordered to give notice.