MERCURY INSURANCE COMPANY VS TORI MCGLOTHERN, ET AL.
Case Summary
On 04/16/2019 MERCURY INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against TORI MCGLOTHERN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Other.
Case Details
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Case Number:
*******3726
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Filing Date:
04/16/2019
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Case Status:
Other
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Courthouse:
Stanley Mosk Courthouse
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County, State:
Los Angeles, California
Judge Details
Judge
WENDY CHANG
Party Details
Plaintiff
MERCURY INSURANCE COMPANY
Defendants
DOES 1 THROUGH 50
MCGLOTHERN TORI
Attorney/Law Firm Details
Plaintiff Attorney
THAI MIN NHU
Court Documents
5/10/2019: Request for Dismissal - Request for Dismissal
4/16/2019: Summons - Summons on Complaint
4/16/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
4/16/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
4/16/2019: First Amended Standing Order - First Amended Standing Order
4/16/2019: Complaint - Complaint
4/16/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
Docket Entries
- 05/13/2019
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Address for Min Nhu Thai (Attorney) updated
- 05/13/2019
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Non-Jury Trial scheduled for 10/13/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 05/13/2019
- 05/13/2019
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Order to Show Cause Re: Failure to File Proof of Service scheduled for 04/19/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 05/13/2019
- 05/10/2019
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On the Complaint filed by Mercury Insurance Company on 04/16/2019, entered Request for Dismissal without prejudice filed by Mercury Insurance Company as to the entire action
- 05/10/2019
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Request for Dismissal; Filed by: Mercury Insurance Company (Plaintiff); As to: Tori McGlothern (Defendant); 1 through 50 DOES (Defendant)
- 04/18/2019
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Non-Jury Trial scheduled for 10/13/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
- 04/18/2019
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Order to Show Cause Re: Failure to File Proof of Service scheduled for 04/19/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
- 04/18/2019
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Case assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
- 04/16/2019
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Complaint; Filed by: Mercury Insurance Company (Plaintiff); As to: Tori McGlothern (Defendant); 1 through 50 DOES (Defendant)
- 04/16/2019
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Summons on Complaint; Issued and Filed by: Mercury Insurance Company (Plaintiff); As to: Tori McGlothern (Defendant); 1 through 50 DOES (Defendant)
- 04/16/2019
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Civil Case Cover Sheet; Filed by: Mercury Insurance Company (Plaintiff); As to: Tori McGlothern (Defendant); 1 through 50 DOES (Defendant)
- 04/16/2019
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Civil Case Cover Sheet; Filed by: Mercury Insurance Company (Plaintiff); As to: Tori McGlothern (Defendant); 1 through 50 DOES (Defendant)
- 04/16/2019
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Notice of Case Assignment - Limited Civil Case; Filed by: Clerk
- 04/16/2019
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First Amended Standing Order; Filed by: Clerk
Tentative Rulings
Case Number: 19STLC03726 Hearing Date: March 11, 2020 Dept: 25
DEMURRER
(CCP §§ 430.31, et seq.)
TENTATIVE RULING:
Defendant Los Angeles County Metropolitan Transportation Authority’s Demurrer to Plaintiff’s First Amended Complaint is PLACED OFF CALENDAR AS MOOT. The Court to sign Proposed Order pursuant to the parties’ Stipulation.
ANALYSIS:
Background & Discussion
On April 16, 2019, Plaintiff Rosa Aguirre (“Plaintiff”) filed an action against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”). On August 14, 2019, Plaintiff filed a First Amended Complaint (“FAC”) alleging negligence and dangerous premises liability. Plaintiff alleges she suffered injuries after she boarded one of Defendant’s trains, which began jerking as it took off, causing Plaintiff to slip and fall. (FAC, ¶ 9.)
On November 21, 2019, Defendant filed the instant Demurrer to Plaintiff’s First Amended Complaint (the “Demurrer”). Defendant demurred to Plaintiff’s second cause of action for dangerous premises liability. No opposition was filed.
On January 21, 2020, the Court continued the hearing on the Demurrer due to deficiencies in the required meet and confer declaration. (1/21/20 Minute Order.)
On February 14, 2020, the parties filed a Stipulation to Strike Second Cause of Action from Plaintiff’s Complaint (the “Stipulation”) and a Proposed Order. Parties stipulated that the second cause of action for dangerous premises failed to state a cause of action against Defendant and therefore should be stuck from the Plaintiff’s operative Complaint. (2/14/20 Stipulation.) The parties also agreed that Plaintiff would not make a claim for dangerous premises at a later time in this action. (Id.)
As the parties have resolved the subject of Defendant’s demurrer, the hearing is PLACED OFF CALENDAR AS MOOT.
Conclusion & Order
Defendant Los Angeles County Metropolitan Transportation Authority’s Demurrer to Plaintiff’s First Amended Complaint is PLACED OFF CALENDAR AS MOOT. The Court to sign Proposed Order pursuant to the parties’ Stipulation.
Moving party to give notice.
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