This case was last updated from Los Angeles County Superior Courts on 11/21/2020 at 06:10:34 (UTC).

YURI FRIDMAN VS GUILLERMO BAUTISTA

Case Summary

On 05/08/2019 YURI FRIDMAN filed a Personal Injury - Motor Vehicle lawsuit against GUILLERMO BAUTISTA. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4487

  • Filing Date:

    05/08/2019

  • 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

JAMES E. BLANCARTE

 

Party Details

Plaintiff and Cross Defendant

FRIDMAN YURI

Defendant and Cross Plaintiff

BAUTISTA GUILLERMO

Attorney/Law Firm Details

Plaintiff Attorney

BERSHATSKI ERIC S

Defendant Attorneys

HAMBARCHYAN ARIN

DELAROSA MARIO MARIN

Cross Defendant Attorney

TOROYAN CHRISTINA

 

Court Documents

Answer - Answer

11/18/2019: Answer - Answer

Motion for Leave to File a Cross-Complaint - Motion for Leave to File a Cross-Complaint

2/18/2020: Motion for Leave to File a Cross-Complaint - Motion for Leave to File a Cross-Complaint

Association of Attorney - Association of Attorney

2/19/2020: Association of Attorney - Association of Attorney

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

4/21/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

5/6/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

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

5/8/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

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

7/24/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Minute Order - Minute Order (Hearing on Motion for Leave to File a Cross-Complaint)

7/30/2020: Minute Order - Minute Order (Hearing on Motion for Leave to File a Cross-Complaint)

Cross-Complaint - Cross-Complaint

8/3/2020: Cross-Complaint - Cross-Complaint

Association of Attorney - Association of Attorney

8/28/2020: Association of Attorney - Association of Attorney

Answer - Answer

8/31/2020: Answer - Answer

Demand for Jury Trial - Demand for Jury Trial

8/31/2020: Demand for Jury Trial - Demand for Jury Trial

Summons - Summons on Complaint

5/8/2019: Summons - Summons on Complaint

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

5/8/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Complaint - Complaint

5/8/2019: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

5/8/2019: First Amended Standing Order - First Amended Standing Order

Demand for Jury Trial - Demand for Jury Trial

5/8/2019: Demand for Jury Trial - Demand for Jury Trial

Civil Case Cover Sheet - Civil Case Cover Sheet

5/8/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

7 More Documents Available

 

Docket Entries

  • 03/03/2021
  • Hearing03/03/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 08/31/2020
  • DocketAnswer; Filed by: Yuri Fridman (Cross-Defendant); As to: Guillermo Bautista (Cross-Complainant)

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  • 08/31/2020
  • DocketDemand for Jury Trial; Filed by: Yuri Fridman (Cross-Defendant)

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  • 08/28/2020
  • DocketAssociation of Attorney; Filed by: Yuri Fridman (Cross-Defendant)

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  • 08/03/2020
  • DocketSummons on Complaint; Issued and Filed by: Guillermo Bautista (Defendant); As to: Yuri Fridman (Plaintiff)

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  • 08/03/2020
  • DocketCross-Complaint; Filed by: Guillermo Bautista (Defendant); As to: Yuri Fridman (Plaintiff)

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  • 07/30/2020
  • DocketMinute Order (Hearing on Motion for Leave to File a Cross-Complaint)

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  • 07/30/2020
  • DocketHearing on Motion for Leave to File a Cross-Complaint scheduled for 07/30/2020 at 09:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 07/30/2020; Result Type to Held - Motion Granted

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  • 07/24/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 07/24/2020
  • DocketUpdated -- Event scheduled for 11/04/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Type changed from Non-Jury Trial to Jury Trial

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9 More Docket Entries
  • 11/18/2019
  • DocketAnswer; Filed by: Guillermo Bautista (Defendant); As to: Yuri Fridman (Plaintiff)

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  • 05/09/2019
  • DocketNon-Jury Trial scheduled for 11/04/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/09/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/11/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/09/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 05/08/2019
  • DocketComplaint; Filed by: Yuri Fridman (Plaintiff); As to: Guillermo Bautista (Defendant)

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  • 05/08/2019
  • DocketDemand for Jury Trial; Filed by: Yuri Fridman (Plaintiff); As to: Guillermo Bautista (Defendant)

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  • 05/08/2019
  • DocketCivil Case Cover Sheet; Filed by: Yuri Fridman (Plaintiff); As to: Guillermo Bautista (Defendant)

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  • 05/08/2019
  • DocketSummons on Complaint; Issued and Filed by: Yuri Fridman (Plaintiff); As to: Guillermo Bautista (Defendant)

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  • 05/08/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/08/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC04487    Hearing Date: July 30, 2020    Dept: 25

HEARING DATE: Thu., July 30, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Fridman v. Bautista COMPL. FILED: 05-08-19

CASE NUMBER: 19STLC04487 DISC. C/O: 02-01-21

NOTICE: OK MOTION C/O: 02-16-21

TRIAL DATE: 03-03-21

PROCEEDINGS: MOTION FOR LEAVE TO FILE CROSS-COMPLAINT

MOVING PARTY: Defendant Guillermo Bautista

RESP. PARTY: None

MOTION FOR LEAVE TO FILE CROSS-COMPLAINT

(CCP § 428.50)

TENTATIVE RULING:

Defendant Guillermo Bautista’s Motion for Leave to File Cross-Complaint is GRANTED. CROSS-COMPLAINT TO BE FILED 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 July 28, 2020 [ ] Late [X] None

REPLY: None filed as of July 28, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On May 8, 2019, Plaintiff Yuri Fridman (“Plaintiff”) filed an action for motor vehicle negligence and general negligence against Defendant Guillermo Bautista (“Defendant”). On November 18, 2019, Defendant filed an Answer.

On February 18, 2020, Defendant filed the instant Motion for Leave to File Cross-Complaint (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard

Code of Civil Procedure section 428.50 provides:

“(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint.

(b) Any other cross-complaint may be filed at any time before the court has set a date for trial.

(c) A party shall obtain leave of court to file any cross-complaint except one filed within the time specified in subdivision (a) or (b)Leave may be granted in the interest of justice at any time during the course of the action.”

(Code Civ. Proc., § 428.50.)

“A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross-complaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross-complaint, to assert such cause if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfeiture of causes of action.” (Code Civ. Proc., § 426.50.) (Emphasis added.)

The Court of Appeals has explained: “The legislative mandate is clear. A policy of liberal construction of section 426.50 to avoid forfeiture of causes of action is imposed on the trial court. A motion to file a cross-complaint at any time during the course of the action must be granted unless bad faith of the moving party is demonstrated where forfeiture would otherwise result. Factors such as oversight, inadvertence, neglect, mistake or other cause, are insufficient grounds to deny the motion unless accompanied by bad faith.” (Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 98–99.) “‘‘Bad faith,’ is defined as ‘[t]he opposite of ‘good faith,’ generally implying or involving actual or constructive fraud, or a design to mislead or deceive another, or a neglect or refusal to fulfill some duty or some contractual obligation, not prompted by an honest mistake . . ., but by some interested or sinister motive[,] . . . not simply bad judgment or negligence, but rather . . . the conscious doing of a wrong because of dishonest purpose or moral obliquity; . . . it contemplates a state of mind affirmatively operating with furtive design or ill will. [Citation.]’ [Citations.]’ [Citation.]” (Id. at 100.)

  1. Discussion

Here, Defendant filed an Answer on November 18, 2019, and a trial date has already been set. However, leave to file a cross-complaint may still be granted in the interest of justice. (Code Civ. Proc., § 428.50, subd. (c).)

Defendant’s proposed Cross-Complaint alleges a motor vehicle negligence cause of action against Plaintiff and arises from the same set of operative facts that gave rise to the Complaint. (Mot., Hambarchyan Decl., ¶ 2, Exh. A.) Specifically, the Complaint alleges that, on July 5, 2019, Defendant attempted to make an unsafe lane change and as a result, collided into Plaintiff’s vehicle. (Compl., p. 5, ¶ GN-2.) In moving for leave to file a Cross-Complaint, Defendant argues that Plaintiff was negligent and that Plaintiff collided into Defendant’s vehicle. (Mot., Hambarchyan Decl., ¶ 2, Exh. A, p. 4, ¶ MV-1.) In addition, Defendant’s counsel provides a declaration stating that, due to their inexperience, mistake, inadvertence, and excusable neglect, counsel did not concurrently file the Cross-Complaint with the Answer. (Mot., Hambarchyan Decl., ¶ 5.)

Trial remains scheduled for March 3, 2021, allowing the parties ample time to prepare. In addition, Plaintiff has not filed an opposition to this Motion. Thus, Defendant’s Motion is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Defendant Guillermo Bautista’s Motion for Leave to File Cross-Complaint is GRANTED. CROSS-COMPLAINT TO BE FILED WITHIN TEN (10) DAYS OF THIS ORDER.

Moving party is ordered to give notice.