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This case was last updated from Los Angeles County Superior Courts on 03/11/2021 at 00:55:26 (UTC).

THE RANCH AT FAIR OAKS COMMUNITY ASSOCIATION VS KIMBERLY WHITE, ET AL.

Case Summary

On 04/10/2019 THE RANCH AT FAIR OAKS COMMUNITY ASSOCIATION filed a Property - Other Real Property lawsuit against KIMBERLY WHITE. 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:

    *******3508

  • Filing Date:

    04/10/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

THE RANCH AT FAIR OAKS COMMUNITY ASSOCIATION

Defendants

WHITE TIMOTHY

WHITE KIMBERLY

Attorney/Law Firm Details

Plaintiff Attorney

SWEDELSON DAVID

Defendant Attorney

DEESE PAUL H.

 

Court Documents

Witness List - Witness List

3/5/2021: Witness List - Witness List

Exhibit List - Exhibit List

3/5/2021: Exhibit List - Exhibit List

Trial Brief - Trial Brief

3/5/2021: Trial Brief - Trial Brief

Minute Order - Minute Order (Hearing on Ex Parte Application to Advance Hearing on Motion ...)

2/18/2020: Minute Order - Minute Order (Hearing on Ex Parte Application to Advance Hearing on Motion ...)

Notice of Ruling - Notice of Ruling

2/18/2020: Notice of Ruling - Notice of Ruling

Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

7/16/2020: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

7/28/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

7/29/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Separate Statement - Separate Statement

8/17/2020: Separate Statement - Separate Statement

Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

8/17/2020: Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

8/17/2020: Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

Separate Statement - Separate Statement

8/17/2020: Separate Statement - Separate Statement

Separate Statement - Separate Statement

8/17/2020: Separate Statement - Separate Statement

Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

1/8/2020: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

Answer - Answer

6/6/2019: Answer - Answer

Complaint - Complaint

4/10/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

4/10/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

4/10/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

24 More Documents Available

 

Docket Entries

  • 04/15/2021
  • Hearing04/15/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 03/09/2021
  • DocketNotice of Continuance of Trial; Filed by: The Ranch At Fair Oaks Community Association (Plaintiff); As to: Kimberly White (Defendant); Timothy White (Defendant)

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  • 03/09/2021
  • DocketMinute Order (Non-Jury Trial;)

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  • 03/09/2021
  • DocketPursuant to the request of plaintiff, Non-Jury Trial scheduled for 03/09/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Party's Motion was rescheduled to 04/15/2021 08:30 AM

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  • 03/05/2021
  • DocketTrial Brief; Filed by: The Ranch At Fair Oaks Community Association (Plaintiff)

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  • 03/05/2021
  • DocketWitness List; Filed by: The Ranch At Fair Oaks Community Association (Plaintiff)

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  • 03/05/2021
  • DocketExhibit List; Filed by: The Ranch At Fair Oaks Community Association (Plaintiff)

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  • 02/23/2021
  • DocketHearing on Motion to Compel Further Discovery Responses scheduled for 02/23/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 02/23/2021

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  • 02/23/2021
  • DocketHearing on Motion to Compel Further Discovery Responses scheduled for 02/23/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 02/23/2021

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  • 02/23/2021
  • DocketHearing on Motion to Compel Further Discovery Responses scheduled for 02/24/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 02/23/2021

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57 More Docket Entries
  • 05/07/2019
  • DocketProof of Service by Substituted Service; Filed by: The Ranch At Fair Oaks Community Association (Plaintiff); As to: Kimberly White (Defendant); Proof of Mailing Date: 04/22/2019; Service Cost: 75.00; Service Cost Waived: No

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  • 05/07/2019
  • DocketProof of Personal Service; Filed by: The Ranch At Fair Oaks Community Association (Plaintiff); As to: Timothy White (Defendant); Service Date: 04/22/2019; Service Cost: 75.00; Service Cost Waived: No

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  • 04/10/2019
  • DocketComplaint; Filed by: The Ranch At Fair Oaks Community Association (Plaintiff); As to: Kimberly White (Defendant); Timothy White (Defendant)

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  • 04/10/2019
  • DocketSummons on Complaint; Issued and Filed by: The Ranch At Fair Oaks Community Association (Plaintiff); As to: Kimberly White (Defendant); Timothy White (Defendant)

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  • 04/10/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/13/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/10/2019
  • DocketNon-Jury Trial scheduled for 10/07/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/10/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/10/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/10/2019
  • DocketCivil Case Cover Sheet; Filed by: The Ranch At Fair Oaks Community Association (Plaintiff); As to: Kimberly White (Defendant); Timothy White (Defendant)

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  • 04/10/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC03508    Hearing Date: February 22, 2021    Dept: 26


Case Number: 19STLC06032    Hearing Date: February 22, 2021    Dept: 26

DEMURRER

(CCP § 430.10, et seq.)

TENTATIVE RULING:

Defendant Precy Baltazar’s Demurrer to the Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. DEFENDANT TO FILE PROPOSED JUDGMENT OF DISMISSAL WITHIN 10 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On June 27, 2019, Plaintiff Misty Jenks (“Plaintiff”) filed the Complaint in this action for motor vehicle negligence against Defendant Precy Baltazar (“Defendant”). Following the Court’s order granting Defendant’s motion to quash service of the Summons and Complaint, the parties stipulated to service of the Summons and Complaint on Defendant. (Stip, filed 11/16/20.)

Defendant filed the instant Demurrer to the Complaint on December 18, 2020. Plaintiff filed an opposition on February 16, 2021.

Discussion

The Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Bakshandeh Decl., ¶3 and Exh. B.)

Defendant demurs to the Complaint for failure to allege facts sufficient to state a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) Specifically, Defendant contends the Complaint is barred by the two-year statute of limitations for personal injuries set forth at Code of Civil Procedure section 335.1. A demurrer based on the statute of limitations may only be sustained where the defect affirmatively appears on the face of the pleading. (Childs v. State of California (1983) 144 Cal.App.3d 155, 161.)

Plaintiff is correct that “[a]n action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another” must be brought within two years of the wrongful act. (See Prudential Home Mortgage Co. v. Superior Court (1998) 66 Cal.App.4th 1236, 1246 [holding that the general rule is that a cause of action accrues when the wrongful act is done and not at the time of plaintiff’s discovery, but under the delayed discovery rule, a cause of action will not accrue until the plaintiff discovers or should have discovered, through the exercise of reasonable diligence, all the facts essential to the cause of action].)

Here, the Complaint alleges that the motor vehicle accident occurred on August 14, 2014. (Compl.. ¶MV-1.) Nor are there any facts to indicate the delayed discovery rule applies. (Id. at p. 5.) The instant action, however, was not filed until June 27, 2019, almost four years after the accident. Therefore, the Complaint demonstrates on its face that Plaintiff’s personal injury claims are barred by the statute of limitations.

Regarding the opposition filed by Plaintiff on February 16, 2021, the Court finds no basis to overrule the Demurrer. There is no indication the opposition was served on Defendant, was filed grossly untimely, and improperly relies on facts outside the pleadings and of which no request for judicial notice has been made. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 [it has long been the law that a demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable].) Nor has Plaintiff demonstrated that the Complaint can be amended to set forth the necessary facts, as is her burden. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 348.)

Conclusion

Defendant Precy Baltazar’s Demurrer to the Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

Moving party to give notice.

Case Number: 19STLC03508    Hearing Date: July 16, 2020    Dept: 26

MOTION TO BE RELIEVED AS COUNSEL
(CCP § 284(2); CRC Rule 3.1362)
TENTATIVE RULING:
Motions of Counsel for Defendants Kimberly White and Timothy White, Paul H. Deese, Esq., to Withdraw as Counsel are GRANTED.
The order granting the Motions to Withdraw will take effect upon filing of proof of service of the signed orders on all parties.Moving party is to give notice.