This case was last updated from Los Angeles County Superior Courts on 11/23/2020 at 05:56:02 (UTC).

PACIFIC BELL TELEPHONE COMPANY VS WORLD MECHANICAL, INC., ET AL.

Case Summary

On 06/26/2019 PACIFIC BELL TELEPHONE COMPANY filed a Personal Injury - Other Personal Injury lawsuit against WORLD MECHANICAL, INC . 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6141

  • Filing Date:

    06/26/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

PACIFIC BELL TELEPHONE COMPANY

Defendants

WORLD MECHANICAL INC.

LEE ROBERT

HOLLYWOOD INTERNATIONAL REGIONAL CENTER LLC

CHRIS MEEKINS BACKHOE SERVICE INC.

Attorney/Law Firm Details

Plaintiff Attorneys

MUNOZ J. SAL

MUNOZ J.

 

Court Documents

Proof of Service by Substituted Service - Proof of Service by Substituted Service

11/19/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Notice of Ruling - Notice of Ruling

11/19/2020: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Motion for Leave to Amend Complaint)

10/14/2020: Minute Order - Minute Order (Hearing on Motion for Leave to Amend Complaint)

Summons - Summons on Complaint (2nd)

10/15/2020: Summons - Summons on Complaint (2nd)

Declaration (name extension) - Declaration in Support of Order for Filing Second Amended Complaint

3/2/2020: Declaration (name extension) - Declaration in Support of Order for Filing Second Amended Complaint

Motion for Leave to Amend (name extension) - Motion for Leave to Amend Complaint

3/2/2020: Motion for Leave to Amend (name extension) - Motion for Leave to Amend Complaint

Request for Dismissal - Request for Dismissal

2/6/2020: Request for Dismissal - Request for Dismissal

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

1/28/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Amended Complaint - Amended Complaint

10/25/2019: Amended Complaint - Amended Complaint

Amended Complaint - 2nd

10/30/2019: Amended Complaint - 2nd

Request for Dismissal - Request for Dismissal

8/28/2019: Request for Dismissal - Request for Dismissal

Proof of Service by Substituted Service - Proof of Service by Substituted Service

8/28/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

8/28/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

8/29/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

7/18/2019: Proof of Personal Service - Proof of Personal Service

Proof of Service by Substituted Service - Proof of Service by Substituted Service

7/18/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Complaint - Complaint

6/26/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

6/26/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

18 More Documents Available

 

Docket Entries

  • 06/29/2022
  • Hearing06/29/2022 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 03/01/2021
  • Hearing03/01/2021 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Trial Setting Conference

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  • 11/19/2020
  • DocketProof of Service by Substituted Service; Filed by: Pacific Bell Telephone Company (Plaintiff); As to: World Mechanical, Inc. (Defendant); Proof of Mailing Date: 10/23/2020; Service Cost: 61.00; Service Cost Waived: No

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  • 11/19/2020
  • DocketNotice of Ruling; Filed by: Pacific Bell Telephone Company (Plaintiff)

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  • 11/10/2020
  • DocketProof of Service by Substituted Service; Filed by: Pacific Bell Telephone Company (Plaintiff); As to: World Mechanical, Inc. (Defendant); Proof of Mailing Date: 10/23/2020; Service Cost: 61.00; Service Cost Waived: No

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  • 10/15/2020
  • DocketSummons on Complaint (2nd); Issued and Filed by: Pacific Bell Telephone Company (Plaintiff); As to: World Mechanical, Inc. (Defendant); Chris Meekins Backhoe Service, Inc. (Defendant)

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  • 10/15/2020
  • DocketAmended Complaint (3rd); Filed by: Pacific Bell Telephone Company (Plaintiff); As to: World Mechanical, Inc. (Defendant); Chris Meekins Backhoe Service, Inc. (Defendant)

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  • 10/15/2020
  • DocketUpdated -- J. Munoz (Attorney): Organization Name: Law Office of J. Sal Munoz; Middle Name: blank

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  • 10/14/2020
  • DocketTrial Setting Conference scheduled for 03/01/2021 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 10/14/2020
  • DocketMinute Order (Hearing on Motion for Leave to Amend Complaint)

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31 More Docket Entries
  • 07/18/2019
  • DocketProof of Service by Substituted Service; Filed by: Pacific Bell Telephone Company (Plaintiff); As to: World Mechanical, Inc. (Defendant); Proof of Mailing Date: 07/09/2019; Service Cost: 49.00; Service Cost Waived: No

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  • 07/18/2019
  • DocketProof of Personal Service; Filed by: Pacific Bell Telephone Company (Plaintiff); As to: Hollywood International Regional Center, LLC (Defendant); Service Date: 07/03/2019; Service Cost: 59.00; Service Cost Waived: No

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  • 07/02/2019
  • DocketNon-Jury Trial scheduled for 12/23/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/02/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/29/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/02/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 06/26/2019
  • DocketComplaint; Filed by: Pacific Bell Telephone Company (Plaintiff); As to: World Mechanical, Inc. (Defendant); Hollywood International Regional Center, LLC (Defendant); Robert Lee (Defendant)

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  • 06/26/2019
  • DocketSummons on Complaint; Issued and Filed by: Pacific Bell Telephone Company (Plaintiff); As to: World Mechanical, Inc. (Defendant); Hollywood International Regional Center, LLC (Defendant); Robert Lee (Defendant)

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  • 06/26/2019
  • DocketCivil Case Cover Sheet; Filed by: Pacific Bell Telephone Company (Plaintiff); As to: World Mechanical, Inc. (Defendant); Hollywood International Regional Center, LLC (Defendant); Robert Lee (Defendant)

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  • 06/26/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/26/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC06141    Hearing Date: October 14, 2020    Dept: 26

Pacific Bell Telephone Co. v. World Mechanical, Inc., et al.

LEAVE TO AMEND PLEADING

(CCP §§ 473(a), 576; CRC Rule 3.1324)

TENTATIVE RULING:

Plaintiff Pacific Bell Telephone Company’s Motion for Leave to File Second Amended Complaint is GRANTED. SECOND AMENDED COMPLAINT TO BE FILED AND SERVED WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On July 26, 2019, Plaintiff Pacific Bell Telephone Company (“Plaintiff”) brought suit for trespass, negligence and damage to property against Defendants World Mechanical, Inc., Hollywood International Regional Center, Inc. and Robert Lee. On August 28, 2019, Plaintiff dismissed Defendant Lee. On October 25, 2019, Plaintiff filed a First Amended Complaint against World Mechanical, Inc. and Hollywood International Regional Center, Inc. On October 30, 2019, Plaintiff filed a Second Amended Complaint adding Chris Meekins Backhoe Service, Inc.

Plaintiff sought to enter default against Defendant Chris Meekins Backhoe Service, Inc. and World Mechanical, Inc. at the end of January 2020. The requests were rejected by the clerk’s office because there was no court order allowing the filing of the Second Amended Complaint.

Plaintiff filed the instant Motion for Leave to File Second Amended Complaint on March 2, 2020. To date, no opposition has been filed.

Discussion

Plaintiff moves for leave to amend the First Amended Complaint to add Chris Meekins Backhoe Service, Inc. as a defendant. Leave to amend is permitted under Code of Civil Procedure section 473, subdivision (a) and section 576. Also, a motion for leave to amend a pleading must also comply with the procedural requirements of California Rules of Court, Rule 3.1324, which requires a supporting declaration to set forth explicitly what allegations are to be added and where, and explicitly stating what new evidence was discovered warranting the amendment and why the amendment was not made earlier. The motion must also include (1) a copy of the proposed and numbered amendment, (2) specifications by reference to pages and lines the allegations that would be deleted and added, and (3) a declaration specifying the effect, necessity and propriety of the amendments, date of discovery and reasons for delay. (Cal. Rules of Court, Rule 3.1324, subds. (a), (b).)

Plaintiff’s motion complies with Rule 3.1324 with respect to the contents of the motion and inclusion of a supporting declaration. (See Cal. Rules of Court, Rule 3.1324, subds. (a), (b).) Plaintiff’s Motion and supporting declaration set forth in detail what changes are to be added and where, and that the amendments arise following Plaintiff’s discovery that Chris Meekins Backhoe Service, Inc. should be named as a defendant. (Motion, Munoz Decl., ¶¶2-4.) Plaintiff explains that while the body of the First Amended Complaint included Chris Meekins Backhoe Service, Inc. as a defendant, it was not included in the caption of the First Amended Complaint. (Ibid.) Upon realizing this error, Plaintiff sought to file the Second Amended Complaint but did so without leave of Court. (Motion, Munoz Decl., ¶¶2-4.)

The policy favoring amendment and resolving all matters in the same dispute is “so strong that it is a rare case in which denial of leave to amend can be justified. . . .” (Magpali v. Farmers Group (1996) 48 Cal.App.4th 471, 487.) However, “[a] different result is indicated ‘where inexcusable delay and probable prejudice to the opposing party’ is shown. [Citation].” (Ibid.) Here, nothing suggests inexcusable delay by Plaintiff or any prejudice to Defendants, who have yet to be served with the Second Amended Complaint. Plaintiff has diligently prosecuted this action and previously obtained default against Defendants World Mechanical, Inc. There is nothing to show that allowing leave to amend prejudices Defendants.

The Court, therefore, finds that leave to amend is appropriate to allow Plaintiff to add Chris Meekins Backhoe Service, Inc. as a defendant. Plaintiff’s Motion for Leave to File Second Amended Complaint is GRANTED. SECOND AMENDED COMPLAINT TO BE FILED AND SERVED WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.