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This case was last updated from Los Angeles County Superior Courts on 10/17/2020 at 01:42:54 (UTC).

STEVEN PALMER VS BRANDY KENT, ET AL.

Case Summary

On 10/17/2018 STEVEN PALMER filed a Personal Injury - Motor Vehicle lawsuit against BRANDY KENT. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3100

  • Filing Date:

    10/17/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

PALMER STEVEN

Defendants

KENT BRANDY

Los Angeles, CA 90016

DOE JOHN

Attorney/Law Firm Details

Plaintiff Attorney

CANTER FRANK HARRIS

Defendant Attorney

MOSKOVIAN ANY

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Jury Trial) of 10/06/2020

10/6/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Jury Trial) of 10/06/2020

Minute Order - Minute Order (Court Order Re: Jury Trial)

10/6/2020: Minute Order - Minute Order (Court Order Re: Jury Trial)

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

7/9/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Request to Opt Out of Mandatory Expedited Jury Trial Procedures - Request to Opt Out of Mandatory Expedited Jury Trial Procedures

2/28/2020: Request to Opt Out of Mandatory Expedited Jury Trial Procedures - Request to Opt Out of Mandatory Expedited Jury Trial Procedures

Order on Request to Opt Out of Mandatory Expedited Jury Trial Procedures - Order on Request to Opt Out of Mandatory Expedited Jury Trial Procedures

4/15/2020: Order on Request to Opt Out of Mandatory Expedited Jury Trial Procedures - Order on Request to Opt Out of Mandatory Expedited Jury Trial Procedures

Substitution of Attorney - Substitution of Attorney

2/28/2020: Substitution of Attorney - Substitution of Attorney

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

2/28/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Declaration (name extension) - Declaration OF EDWARD LIM, DC IN LIEU OF LIVE TESTIMONY AT TRIAL PURSUANT TO CALIFORNIA CCP 98

3/6/2020: Declaration (name extension) - Declaration OF EDWARD LIM, DC IN LIEU OF LIVE TESTIMONY AT TRIAL PURSUANT TO CALIFORNIA CCP 98

Declaration (name extension) - Declaration OF FRANK H CANTER ESQ IN OPPOSITION TO DEFENDANT'S EX PARTE APPLICATION FOR RELIEF REGARDING WAIVER OF JURY FEES AND FOR A REQUEST TO FILE AN AMENDED ANSWER

3/16/2020: Declaration (name extension) - Declaration OF FRANK H CANTER ESQ IN OPPOSITION TO DEFENDANT'S EX PARTE APPLICATION FOR RELIEF REGARDING WAIVER OF JURY FEES AND FOR A REQUEST TO FILE AN AMENDED ANSWER

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

3/18/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Answer - Answer

3/29/2019: Answer - Answer

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

3/29/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Proof of Personal Service - Proof of Personal Service

2/22/2019: Proof of Personal Service - Proof of Personal Service

Summons - Summons on Complaint

10/17/2018: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

10/17/2018: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

10/17/2018: Complaint - Complaint

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

10/17/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

5 More Documents Available

 

Docket Entries

  • 10/20/2021
  • Hearing10/20/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 07/19/2021
  • Hearing07/19/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 10/06/2020
  • DocketUpdated -- Event scheduled for 10/15/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Type changed from Non-Jury Trial to Jury Trial

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  • 10/06/2020
  • DocketMinute Order (Court Order Re: Jury Trial)

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  • 10/06/2020
  • DocketCertificate of Mailing for (Court Order Re: Jury Trial) of 10/06/2020; Filed by: Clerk

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  • 10/06/2020
  • DocketOn the Court's own motion, Jury Trial scheduled for 10/15/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Court's Motion was rescheduled to 07/19/2021 08:30 AM

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  • 07/09/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 07/09/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 07/23/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 10/15/2020 08:30 AM

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  • 04/15/2020
  • DocketUpdated -- Order on Request to Opt Out of Mandatory Expedited Jury Trial Procedures: Status Date changed from 04/15/2020 to 04/15/2020; Status changed from TP to Filed

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  • 04/15/2020
  • DocketOrder on Request to Opt Out of Mandatory Expedited Jury Trial Procedures; TP by:

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13 More Docket Entries
  • 03/29/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Brandy Kent (Defendant)

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  • 02/22/2019
  • DocketProof of Personal Service; Filed by: Steven Palmer (Plaintiff); As to: Brandy Kent (Defendant); Service Date: 12/11/2018; Service Cost: 82.00; Service Cost Waived: No

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  • 02/04/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer

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  • 10/24/2018
  • DocketNon-Jury Trial scheduled for 04/15/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/24/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/20/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/17/2018
  • DocketComplaint; Filed by: Steven Palmer (Plaintiff); As to: Brandy Kent (Defendant); John Doe (Defendant)

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  • 10/17/2018
  • DocketCivil Case Cover Sheet; Filed by: Steven Palmer (Plaintiff)

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  • 10/17/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 10/17/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/17/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 18STLC13100    Hearing Date: March 8, 2021    Dept: 25

HEARING DATE:   Mon., March 8, 2021  JUDGE /DEPT: Blancarte/25

CASE NAME: Palmer v. Kent, et al. COMPL. FILED:     10-17-18

CASE NUMBER:     18STLC13100 DISC. C/O: 06-19-21

NOTICE: OK DISC. MOT. C/O:     07-04-21

   TRIAL DATE: 07-19-21

PROCEEDINGS:     MOTION FOR LEAVE TO FILE AMENDED ANSWER

MOVING PARTY:   Defendant Brandy Kent

RESP. PARTY: None

MOTION FOR LEAVE TO AMEND

(CCP § 473(a))

TENTATIVE RULING:

Defendant Brandy Kent’s Motion for Leave to File an Amended Answer is GRANTED. Defendant’s amended answer is to be filed and served within ten (10) days of this order.

SERVICE

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of March 3, 2021 [   ] Late [X] None

REPLY: None filed as of March 3, 2021 [   ] Late [X] None

ANALYSIS:

I. Background

 

On October 17, 2018, Plaintiff Steven Palmer (“Plaintiff”) filed a complaint alleging motor vehicle negligence against Defendant Brandy Kent (“Defendant”) and John Doe. Defendant filed an Answer, in pro per, on March 29, 2019.

On February 28, 2020, Defendant filed a substitution of attorney form indicating she was now being represented by The Law Offices of Dan D. Endoso & Associates. (2/28/20 Substitution of Attorney.)

On March 16, 2020, Defendant’s counsel filed an ex parte application for leave to file an amended answer. The ex parte application was rejected, however, due to the Court closures caused by the COVID-19 pandemic in mid-March. (3/16/20 Notices of Rejection of Electronic Filing.) Defendant was advised the ex parte could be re-filed once the Court re-opened. (Id.)

On February 4, 2021, Defendant filed the instant Motion for Leave to File Amended Answer (the “Motion”). No opposition has been filed.

II. Legal Standard

“The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.” (Code Civ. Proc., § 473, subd. (a).)

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. (See Cal. Rules of Court, rule 3.1324, subds. (a), (b).)

 

III. Discussion

Defendant seeks to amend her Answer to add thirteen affirmative defenses. (Mot., Exh. A.) Defendant argues that when she filed her initial answer, she did so without legal representation as she could not afford an attorney. (Id., p. 4:18-25.) She was unaware her insurance company would provide her with one. (Id.) She also argues she was unaware of the obligation to assert affirmative defenses in order to preserve her rights to defend herself. (Id. pp. 5:25-6:7.) To allow her to do so now, Defendant argues, would be in the interests of justice. (Id. pp. 5:25-6:7.)

IV. Conclusion & Order

 

For the foregoing reasons, Defendant Brandy Kent’s Motion for Leave to File an Amended Answer is GRANTED. Defendant’s amended answer is to be filed and served within ten (10) days of this order.

Moving party is ordered to give notice. 

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