SALOMON DURAN VS LASHADA SHOULDERS
Case Summary
On 10/16/2017 SALOMON DURAN filed a Personal Injury - Motor Vehicle lawsuit against LASHADA SHOULDERS. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is ELAINE LU. The case status is Pending - Other Pending.
Case Details
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Case Number:
*******3351
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Filing Date:
10/16/2017
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Case Status:
Pending - Other Pending
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Courthouse:
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County, State:
Los Angeles, California
Judge Details
Judge
ELAINE LU
Party Details
Plaintiffs
DURAN SALOMON
ANAYA GUADALUPE
Defendant
SHOULDERS LASHADA
Attorney/Law Firm Details
Plaintiff Attorney
RODRIGUEZ BARBARA MARIA
Defendant Attorney
SCHMECKPEPER KATHY ANNE
Court Documents
6/7/2019: Proof of Personal Service - Proof of Personal Service
8/1/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees
8/1/2019: Answer - Answer
12/17/2018: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem
3/19/2019: Minute Order - Minute Order (Court Order re: related cases;)
3/19/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order re: related cases;) of 03/19/2019
4/4/2019: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem for Isis
4/11/2019: Summons - Summons on Complaint
4/15/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Non-Jury Trial) of 04/15/2019
4/15/2019: Minute Order - Minute Order (Non-Jury Trial)
4/26/2019: Ex Parte Application (name extension) - Ex Parte Application To set aside Dismissal
4/29/2019: Minute Order - Minute Order (Final Status Conference)
5/6/2019: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem for Nathan
5/10/2019: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem for Yael
11/17/2017: Application And Order For Appointment of Guardian Ad Litem
12/20/2017: Notice of Rejection - Ex Parte Application Without Hearing
10/16/2017: Complaint
10/16/2017: Notice of Case Assignment - Limited Civil Case
Docket Entries
- 10/23/2019
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Hearingat 08:30 AM in Department 5 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)
- 08/01/2019
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DocketAnswer; Filed by: Lashada Shoulders (Defendant)
- 08/01/2019
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DocketNotice of Posting of Jury Fees; Filed by: Lashada Shoulders (Defendant)
- 06/07/2019
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DocketProof of Personal Service; Filed by: Salomon Duran (Plaintiff); Guadalupe Anaya (Plaintiff); Isis Fuentes (Plaintiff); Yael Flores (Plaintiff); Nathan Duran (Plaintiff); As to: Lashada Shoulders (Defendant); Service Date: 06/06/2019; Service Cost: 0.00; Service Cost Waived: No
- 05/10/2019
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DocketApplication And Order For Appointment of Guardian Ad Litem for Yael; Signed and Filed by: Guadalupe Anaya (Plaintiff); As to: Yael Flores (Plaintiff)
- 05/06/2019
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DocketApplication And Order For Appointment of Guardian Ad Litem for Nathan; Signed and Filed by: Guadalupe Anaya (Plaintiff); As to: Nathan Duran (Plaintiff)
- 04/29/2019
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DocketOrder to Show Cause Re: dismissal for failure to serve / alternatively Trial Setting Conference scheduled for 10/23/2019 at 08:30 AM in Spring Street Courthouse at Department 5
- 04/29/2019
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DocketMinute Order (Final Status Conference)
- 04/29/2019
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DocketFinal Status Conference scheduled for 04/29/2019 at 10:00 AM in Spring Street Courthouse at Department 5 Not Held - Vacated by Court on 04/29/2019
- 04/29/2019
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DocketOn the Court's own motion, Jury Trial scheduled for 05/06/2019 at 08:30 AM in Spring Street Courthouse at Department 5 Not Held - Advanced and Vacated on 04/29/2019
- 12/13/2017
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DocketUpdated -- Notice of Rejection - Ex Parte Application Without Hearing Application for Guardia ad litem: Status Date changed from 12/20/2017 to 12/13/2017; Result Date: 12/13/2017; Status changed from Filed to Rejected
- 12/13/2017
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DocketIsis Fuentes, a minor by and through guardian ad litem Guadalupe Anaya - Rejected; Submitted by: Guadalupe Anaya (Plaintiff); As to: Isis Fuentes (Plaintiff)
- 11/17/2017
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DocketNathan Duran, a minor by and through guardian ad litem Guadalupe Anaya; Filed by: Guadalupe Anaya (Plaintiff); As to: Nathan Duran (Plaintiff)
- 11/17/2017
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DocketYael Flores, a minor by and through guardian ad litem Guadalupe Anaya; Filed by: Guadalupe Anaya (Plaintiff); As to: Yael Flores (Plaintiff)
- 10/16/2017
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DocketComplaint; Filed by: Salomon Duran (Plaintiff); As to: Lashada Shoulders (Defendant)
- 10/16/2017
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DocketCivil Case Cover Sheet; Filed by: Salomon Duran (Plaintiff)
- 10/16/2017
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DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
- 10/16/2017
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DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse
- 10/16/2017
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DocketNon-Jury Trial scheduled for 04/15/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77
- 10/16/2017
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DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 10/19/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77
Tentative Rulings
Case Number: 17STLC03351 Hearing Date: January 13, 2020 Dept: 5
Superior Court of California
County of Los Angeles
Department 5
|
salomon duran, et al., Plaintiffs,
v.
LASHADA SHOULDERS, Defendant. |
Case No.: 17STLC03351 (Related to BC668199)
Hearing Date: January 13, 2020
[TENTATIVE] order RE: motion to reclassify as an unlimited civil case |
Plaintiffs Salomon Duran, Guadalupe Anaya, Isis Fuentes, Yael Flores, and Nathan Duran (collectively, “Plaintiffs”) filed this limited civil action against Defendant Lashada Shoulders (“Defendant”) following a motor vehicle collision. Now, Plaintiffs move to reclassify this case as an unlimited jurisdiction case. Defendant opposes the motion.
Per Code of Civil Procedure section 86, a limited civil case is a case in which the demand, exclusive of interest, amounts to $25,000 or less. (Code Civ. Proc., § 86, subd. (a)(1).) Here, Plaintiffs captioned this case as a limited civil case, but now seek to reclassify it as an unlimited civil case. If a party files a motion for reclassification after the time to amend that party's initial pleading, the court shall grant the motion only if the moving party shows good cause for not seeking reclassification earlier. (Code Civ. Proc., § 403.040, subd. (b).)
Plaintiffs filed their initial complaint on October 16, 2017. Plaintiffs did not file this motion to reclassify until December 11, 2019, more than two years later. Plaintiffs rely on two declarations from their attorneys, Barbara Rodriguez and Tim D. Wright (collectively, “Counsel”). Counsel state: “That the extent of Plaintiff, ISIS FUENTES’s injuries, especially as to the persistent pain and severity of her disability as a result of her fractured pelvis was unforeseen at the time of the filing.” (Declaration of Tim D. Wright, ¶ 4; Declaration of Barbara Rodriguez, ¶ 5.) This constitutes good cause, so the motion is granted. Case Number 17STLC03351 shall be reclassified as an unlimited civil case.
All of the parties in the two related cases – Case Number BC668199 and Case Number 17STLC03351 – have stipulated to consolidation. The Court agrees that the cases should be consolidated and grants that stipulation. All pleadings shall be filed in Case Number BC668199. Because 17STLC03351 is the earlier case, the Court adopts the trial date from that case and sets a final status conference date:
Final Status Conference: May 28, 2020, at 10:00 a.m.
Trial: June 11, 2020, at 8:30 a.m.
The discovery and motions cut-off shall be based on this trial date. The moving parties shall provide notice.
DATED: January 13, 2020 ___________________________
Stephen I. Goorvitch
Judge of the Superior Court
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