This case was last updated from Los Angeles County Superior Courts on 11/26/2021 at 06:24:11 (UTC).

JOSHSHAE HENDERSON VS LOS ANGELES UNIFIED SCHOOL DISTRICT

Case Summary

On 06/29/2018 JOSHSHAE HENDERSON filed a Personal Injury - Other Personal Injury lawsuit against LOS ANGELES UNIFIED SCHOOL DISTRICT. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8796

  • Filing Date:

    06/29/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Defendant

LOS ANGELES UNIFIED SCHOOL DISTRICT

Attorney/Law Firm Details

Defendant Attorneys

PRECIADO ART C. ESQ.

PRECIADO ARTHUR C.

Other Attorneys

WRIGHT TIMOTHY DANIEL

WRIGHT TIMOTHY D. ESQ.

 

Court Documents

Notice of Rejection - Post Judgment - Notice of Rejection - Post Judgment

11/17/2021: Notice of Rejection - Post Judgment - Notice of Rejection - Post Judgment

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

11/4/2021: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Ex Parte Application (name extension) - Ex Parte Application For Reclassification of A Limited Action to an Unlimited Action; Declaration of Tim D Wright in Support Thereof; and Order Thereon

10/20/2021: Ex Parte Application (name extension) - Ex Parte Application For Reclassification of A Limited Action to an Unlimited Action; Declaration of Tim D Wright in Support Thereof; and Order Thereon

Opposition (name extension) - Opposition TO PLAINTIFFS MOTION FOR RECLASSIFICATION OF A LIMITED ACTION TO AN UNLIMITED ACTION

10/21/2021: Opposition (name extension) - Opposition TO PLAINTIFFS MOTION FOR RECLASSIFICATION OF A LIMITED ACTION TO AN UNLIMITED ACTION

Certificate of Mailing for - Certificate of Mailing for (Hearing on Ex Parte Application for Reclassification of A Lim...) of 10/22/2021

10/22/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Ex Parte Application for Reclassification of A Lim...) of 10/22/2021

Minute Order - Minute Order (Hearing on Ex Parte Application for Reclassification of A Lim...)

10/22/2021: Minute Order - Minute Order (Hearing on Ex Parte Application for Reclassification of A Lim...)

Opposition (name extension) - Opposition TO PLAINTIFFS MOTION FOR RECLASSIFICATION OF A LIMITED ACTION TO AN UNLIMITED ACTION; DECLARATION OF VLADYSLAVA V. TURNER IN SUPPORT THEREOF

9/29/2021: Opposition (name extension) - Opposition TO PLAINTIFFS MOTION FOR RECLASSIFICATION OF A LIMITED ACTION TO AN UNLIMITED ACTION; DECLARATION OF VLADYSLAVA V. TURNER IN SUPPORT THEREOF

Reply (name extension) - Reply TO OPPOSITION FOR RECLASSIFICATION OF A LIMITED ACTION TO AN UNLIMITED ACTION

10/4/2021: Reply (name extension) - Reply TO OPPOSITION FOR RECLASSIFICATION OF A LIMITED ACTION TO AN UNLIMITED ACTION

Minute Order - Minute Order (HEARING ON MOTION BY PLAINTIFF (JOSHSHAE HENDERSON BY AND THR...)

10/13/2021: Minute Order - Minute Order (HEARING ON MOTION BY PLAINTIFF (JOSHSHAE HENDERSON BY AND THR...)

Certificate of Mailing for - Certificate of Mailing for (HEARING ON MOTION BY PLAINTIFF (JOSHSHAE HENDERSON BY AND THR...) of 10/13/2021

10/13/2021: Certificate of Mailing for - Certificate of Mailing for (HEARING ON MOTION BY PLAINTIFF (JOSHSHAE HENDERSON BY AND THR...) of 10/13/2021

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

8/30/2021: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice OF RESCHEDULED MOTION FOR RECLASSIFICATION

9/16/2021: Notice (name extension) - Notice OF RESCHEDULED MOTION FOR RECLASSIFICATION

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

9/16/2021: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

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

4/13/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice CONSENT TO ELECTRONIC SERVICE AND NOTICE OF ELECTRONIC SERVICE ADDRESS

7/17/2020: Notice (name extension) - Notice CONSENT TO ELECTRONIC SERVICE AND NOTICE OF ELECTRONIC SERVICE ADDRESS

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

9/3/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Ex Parte Application (name extension) - Ex Parte Application For Leave To Amend And Change Jurisdiction To Continue Trial and Related Dates

5/11/2021: Ex Parte Application (name extension) - Ex Parte Application For Leave To Amend And Change Jurisdiction To Continue Trial and Related Dates

Opposition (name extension) - Opposition PARTE APPLICATION FOR LEAVE TO AMEND AND CHANGE JURISDICTION TO CONTINUE TRIAL AND RELATED DATES

5/13/2021: Opposition (name extension) - Opposition PARTE APPLICATION FOR LEAVE TO AMEND AND CHANGE JURISDICTION TO CONTINUE TRIAL AND RELATED DATES

20 More Documents Available

 

Docket Entries

  • 01/10/2022
  • Hearing01/10/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 11/17/2021
  • DocketNotice of Rejection - Post Judgment; Filed by: Clerk

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  • 11/04/2021
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 11/04/2021
  • DocketReset - Court Unavailable, Jury Trial scheduled for 12/13/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 01/10/2022 08:30 AM

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  • 10/22/2021
  • DocketUpdated -- Ex Parte Application For Reclassification of A Limited Action to an Unlimited Action; Declaration of Tim D Wright in Support Thereof; and Order Thereon: Filed By: Joshshae Henderson (Plaintiff); Result: Denied; Result Date: 10/22/2021

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  • 10/22/2021
  • DocketHearing on Ex Parte Application for Reclassification of A Limited Action to an Unlimited Action scheduled for 10/22/2021 at 01:30 PM in Spring Street Courthouse at Department 26 updated: Result Date to 10/22/2021; Result Type to Held - Motion Denied

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  • 10/22/2021
  • DocketMinute Order (Hearing on Ex Parte Application for Reclassification of A Lim...)

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  • 10/22/2021
  • DocketCertificate of Mailing for (Hearing on Ex Parte Application for Reclassification of A Lim...) of 10/22/2021; Filed by: Clerk

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  • 10/21/2021
  • DocketOpposition TO PLAINTIFFS MOTION FOR RECLASSIFICATION OF A LIMITED ACTION TO AN UNLIMITED ACTION; Filed by: Los Angeles Unified School District (Defendant)

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  • 10/20/2021
  • DocketEx Parte Application For Reclassification of A Limited Action to an Unlimited Action; Declaration of Tim D Wright in Support Thereof; and Order Thereon; Filed by: Joshshae Henderson (Plaintiff); As to: Joshshae Henderson (Plaintiff); Los Angeles Unified School District (Defendant)

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42 More Docket Entries
  • 07/25/2019
  • DocketAnswer; Filed by: Los Angeles Unified School District (Defendant)

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  • 06/28/2019
  • DocketNotice of Posting of Jury Fees; Filed by: Joshshae Henderson (Plaintiff)

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  • 04/25/2019
  • DocketSummons on Complaint; Issued and Filed by: Joshshae Henderson (Plaintiff); As to: Los Angeles Unified School District (Defendant)

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  • 04/16/2019
  • DocketApplication And Order For Appointment of Guardian Ad Litem re: Joshshae; Signed and Filed by: Joshshae Henderson (Plaintiff); As to: Joshshae Henderson (Plaintiff)

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  • 06/29/2018
  • DocketComplaint; Filed by: Joshshae Henderson (Plaintiff); As to: Los Angeles Unified School District (Defendant)

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  • 06/29/2018
  • DocketCivil Case Cover Sheet; Filed by: Joshshae Henderson (Plaintiff)

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  • 06/29/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/29/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 94 Stanley Mosk Courthouse

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  • 06/29/2018
  • DocketNon-Jury Trial scheduled for 12/27/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/29/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 07/02/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

b"

Case Number: 18STLC08796 Hearing Date: October 13, 2021 Dept: 26

PROCEEDINGS:\r\n MOTION\r\nTO RECLASSIFY ACTION

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MOVING\r\nPARTY: Plaintiff Joshshae Henderson,\r\nby and through her Guardian Ad Litem, Tatanisha Bingham

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RESP.\r\nPARTY: Defendant Los Angeles\r\nUnified School District

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MOTION TO RECLASSIFY

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(CCP § 403.040)

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TENTATIVE RULING: \r\n

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Plaintiff Joshshae Henderson’s Motion to Reclassify Action\r\nis GRANTED. THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND\r\nTRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR COLLECTION OF FEES AND REASSIGNMENT\r\nOF THE CASE TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS TO PAY THE\r\nRECLASSIFICATION FEE WITHIN TEN (10) DAYS OF THIS ORDER.

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SERVICE:

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[X] Proof of\r\nService Timely Filed (CRC 3.1300) OK

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[X]\r\nCorrect Address (CCP 1013, 1013a) OK

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[X] 16/21\r\nDay Lapse (CCP 12c and 1005 (b)) OK

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BACKGROUND: Action for personal injuries.

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REQUEST FOR RELIEF: Reclassify action\r\nto unlimited jurisdiction court. Plaintiff’s future medical expenses are\r\nanticipated to be in the amount of $18,000.00. In addition to Plaintiff’s\r\ngeneral damages, will likely result in a judgment beyond the jurisdiction of\r\nthe limited court.

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OPPOSITION:\r\nPlaintiff has not shown good cause for the timing of this request to\r\nreclassify, nor that the proposed treatment is necessary.

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REPLY:\r\nPlaintiff’s scar revision treatment is a certainty and her damages will increase\r\nfrom that treatment. It was necessary to re-evaluate treatment options for\r\nPlaintiff, who is a growing and developing minor.

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ANALYSIS:

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Plaintiff Joshshae Henderson, a minor by and through her\r\nGuardian Ad Litem, Tatanisha Bingham (“Plaintiff”) filed the instant action for\r\npersonal injuries against Defendant Los Angeles Unified School District\r\n(“Defendant”) on June 29, 2018. The Complaint alleges that Plaintiff suffered a\r\nforehead laceration while at school on May 19, 2017. (Compl., ¶14.)

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Upon Plaintiff’s ex parte application, the June 16, 2021\r\ntrial date was continued to December 13, 2021. (Minute Order, 05/14/21.) Plaintiff\r\nfiled the instant Motion to Reclassify on May 24, 2021. Defendant filed an\r\nopposition on September 29, 2021 and Plaintiff replied on October 4, 2021.

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Legal Standard

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Code of Civil\r\nProcedure section 403.040 allows a plaintiff to file a motion for\r\nreclassification of an action within the time allowed for that party to amend\r\nthe initial pleading. (CCP § 403.040(a).) If the motion is made after the time\r\nfor the plaintiff to amend the pleading, the motion may only be granted if (1)\r\nthe case is incorrectly classified; and (2) the plaintiff shows good cause for\r\nnot seeking reclassification earlier. (CCP § 403.040(b).) In Walker v.\r\nSuperior Court (1991) 53 Cal.3d 257, 262, the California Supreme Court held\r\nthat a matter may be reclassified from unlimited to limited only if it\r\nappears to a legal certainty that the plaintiff's damages will necessarily be\r\nless than $25,000. (Walker v. Superior Court (1991) 53 Cal.3d 257.)

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In Ytuarte v.\r\nSuperior Court (2005) 129 Cal.App.4th 266, 278, the Court of Appeals\r\nexamined the principles it set forth in Walker and held that “the court should reject the plaintiff's effort to\r\nreclassify the action as unlimited only when the lack of jurisdiction as an\r\n“unlimited” case is certain and clear.” (Id. at 279.) Plaintiff’s burden is to present evidence to demonstrate\r\na possibility that the damages will exceed $25,000.00 and the trial court must\r\nreview the record to determine “whether a judgment in excess of $25,000.00 is\r\nobtainable.” (Ibid.)

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Discussion

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The instant Motion to Reclassify was filed after the time to\r\namend the Complaint. Therefore, Plaintiff must show that the case is\r\nincorrectly classified and good cause of the timing of the request. Plaintiff’s\r\ncounsel submits a declaration explaining that Plaintiff’s injury was\r\nre-evaluated on April 28, 2021 to determine the best course of treatment to\r\nreduce the appearance of her scar. (Motion, Wright Decl., ¶¶5-6.) The\r\nevaluation was performed because Plaintiff is a minor who is growing and\r\ndeveloping. (Ibid.) In opposition, Defendant argues that there was no\r\nplan to pursue further treatment for the scar at the time of Plaintiff’s\r\ndeposition on March 3, 2020, almost three years after the injury. (Opp., Turner\r\nDecl., Exh. A, p. 127:4-13.)

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Plaintiff’s testimony regarding the pursuit of further\r\ntreatment does not demonstrate lack of good cause for the timing of this\r\nMotion. Plaintiff, was a 13-year old minor at the time of the deposition and\r\nsimply testified that she was not aware of plans by her grandmother to take her\r\nto a plastic surgeon. (Ibid.) No evidence is provided regarding\r\nPlaintiff’s guardian’s determination for further treatment. The Motion\r\nsufficiently demonstrates good cause for the timing of the Motion based on the\r\nneed to re-evaluate treatment as Plaintiff grows.

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The supporting declaration further demonstrates a\r\npossibility that Plaintiff’s damages will exceed the jurisdiction of the\r\nlimited court. Specifically, Plaintiff will require future treatment to reduce\r\nthe appearance of the scar. (Motion, Wright Decl., Exh. A) The current recommended\r\ntreatment is “micro needling with PRP injections” which would require six\r\nsessions at a cost of $3,000.00 each. (Ibid.) Based on the total\r\npossible medical expenses to treat Plaintiff’s scar, plus general damages, reclassification\r\nof the action to a court of unlimited jurisdiction is appropriate.

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Defendant’s request for further discovery if the Motion is\r\ngranted should be addressed to the new department to which the case is\r\nassigned.

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Conclusion

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Plaintiff Joshshae Henderson’s Motion to Reclassify Action\r\nis GRANTED. THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND\r\nTRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR COLLECTION OF FEES AND\r\nREASSIGNMENT OF THE CASE TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS TO PAY\r\nTHE RECLASSIFICATION FEE WITHIN TEN (10) DAYS OF THIS ORDER.

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Moving party to give notice.

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