This case was last updated from Los Angeles County Superior Courts on 05/18/2019 at 02:16:49 (UTC).

MERCURY INSURANCE COMPANY VS TORI MCGLOTHERN, ET AL.

Case Summary

On 04/16/2019 a Personal Injury - Motor Vehicle case was filed by MERCURY INSURANCE COMPANY against TORI MCGLOTHERN in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3726

  • Filing Date:

    04/16/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

WENDY CHANG

 

Party Details

Plaintiff

MERCURY INSURANCE COMPANY

Defendants

DOES 1 THROUGH 50

MCGLOTHERN TORI

 

Court Documents

Request for Dismissal - Request for Dismissal

5/10/2019: Request for Dismissal - Request for Dismissal

Summons - Summons on Complaint

4/16/2019: Summons - Summons on Complaint

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

4/16/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

4/16/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

4/16/2019: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

4/16/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

4/16/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

 

Docket Entries

  • 05/13/2019
  • Address for Min Nhu Thai (Attorney) updated

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  • 05/13/2019
  • 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

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  • 05/13/2019
  • 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

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  • 05/10/2019
  • 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

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  • 05/10/2019
  • Request for Dismissal; Filed by: Mercury Insurance Company (Plaintiff); As to: Tori McGlothern (Defendant); 1 through 50 DOES (Defendant)

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  • 04/18/2019
  • Non-Jury Trial scheduled for 10/13/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/18/2019
  • 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

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  • 04/18/2019
  • Case assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 04/16/2019
  • Complaint; Filed by: Mercury Insurance Company (Plaintiff); As to: Tori McGlothern (Defendant); 1 through 50 DOES (Defendant)

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  • 04/16/2019
  • Summons on Complaint; Issued and Filed by: Mercury Insurance Company (Plaintiff); As to: Tori McGlothern (Defendant); 1 through 50 DOES (Defendant)

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  • 04/16/2019
  • Civil Case Cover Sheet; Filed by: Mercury Insurance Company (Plaintiff); As to: Tori McGlothern (Defendant); 1 through 50 DOES (Defendant)

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  • 04/16/2019
  • Civil Case Cover Sheet; Filed by: Mercury Insurance Company (Plaintiff); As to: Tori McGlothern (Defendant); 1 through 50 DOES (Defendant)

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  • 04/16/2019
  • Notice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/16/2019
  • First Amended Standing Order; Filed by: Clerk

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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:

  1. 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.

  1. 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.