This case was last updated from Los Angeles County Superior Courts on 06/06/2019 at 00:00:17 (UTC).

ANA ROSA SANCHEZ VS COUNTY OF LOS ANGELES ET AL

Case Summary

On 03/08/2016 ANA ROSA SANCHEZ filed a Personal Injury - Other Personal Injury lawsuit against COUNTY OF LOS ANGELES. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2949

  • Filing Date:

    03/08/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff and Petitioner

SANCHEZ ANA ROSA

Defendants, Respondents and Cross Defendants

LOPEZ DIEGA

LOS ANGELES CITY OF

LOPEZ JOSE E.

LOS ANGELES COUNTY OF

SOUTHERN CALIFORNIA EDISON

DOES 1 - 50

GARCIA ALEX LOPEZ

CHRISTOPHER TREJO - DOE 1

SOUTHERN CALIFORNIA EDISON JDGMT

LOS ANGELES COUNTY OF JUDGMT

Defendants and Cross Plaintiffs

SOUTHERN CALIFORNIA EDISON JDGMT

LOS ANGELES COUNTY OF JUDGMT

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

CWIKLO DAVID PETER ESQ.

 

Court Documents

Minute Order

1/8/2018: Minute Order

RULING RE:

1/8/2018: RULING RE:

NOTICE OF RULING RE: TRIAL CONTINUANCE

1/12/2018: NOTICE OF RULING RE: TRIAL CONTINUANCE

NOTICE OF LODGING OF PROPOSED JUDGMENT

3/23/2018: NOTICE OF LODGING OF PROPOSED JUDGMENT

JUDGMENT IN FAVOR OF COUNTY OF LOS ANGELES AGAINST PLAINTIFF ANA ROSA SANCHEZ

4/6/2018: JUDGMENT IN FAVOR OF COUNTY OF LOS ANGELES AGAINST PLAINTIFF ANA ROSA SANCHEZ

COMPENDIUM OF EXHIBITS IN SUPPORT OF DIEGA AND JOSE LOPEZ'S MOTION FOR SUMMARY JUDGMENT AND ADJUDICATION

4/9/2018: COMPENDIUM OF EXHIBITS IN SUPPORT OF DIEGA AND JOSE LOPEZ'S MOTION FOR SUMMARY JUDGMENT AND ADJUDICATION

COUNTY OF LOS ANGELES? REPLY IN SUPPORT OF MOTION FOR DEFENSE COSTS; MEMORANDUM OF POINTS AND AUTHORITIES

4/24/2018: COUNTY OF LOS ANGELES? REPLY IN SUPPORT OF MOTION FOR DEFENSE COSTS; MEMORANDUM OF POINTS AND AUTHORITIES

PLAINTIFF ANA ROSA SANCHEZ'S NOTICE OF APPEAL; ETC.

5/2/2018: PLAINTIFF ANA ROSA SANCHEZ'S NOTICE OF APPEAL; ETC.

CROSS-COMPLAINT OF DEFENDANT LOS ANGELES COUNTY FOR: 1. EQUITABLE INDEMNITY 2. CONTRIBUTION 3. DECLARATORY RELIEF

5/26/2016: CROSS-COMPLAINT OF DEFENDANT LOS ANGELES COUNTY FOR: 1. EQUITABLE INDEMNITY 2. CONTRIBUTION 3. DECLARATORY RELIEF

JOINT STIPULATION TO STRIKE PUNITIVE DAMAGES FROM COMPLAINT AS TO SOUTHERN CALIFORNIA EDISON COMPANY ONLY

6/13/2016: JOINT STIPULATION TO STRIKE PUNITIVE DAMAGES FROM COMPLAINT AS TO SOUTHERN CALIFORNIA EDISON COMPANY ONLY

ASSOCIATION OF ATTORNEYS

7/19/2016: ASSOCIATION OF ATTORNEYS

SUBSTITUTION OF ATTORNEY

9/14/2016: SUBSTITUTION OF ATTORNEY

REQUEST FOR DISMISSAL

1/3/2017: REQUEST FOR DISMISSAL

Minute Order

3/30/2017: Minute Order

NOTICE OF RESCHEDULED MOTION FOR SUMMARY JUDGMENT HEARING

4/4/2017: NOTICE OF RESCHEDULED MOTION FOR SUMMARY JUDGMENT HEARING

ORDER AND JUDGMENT ON SOUTHERN CALIFORNIA EDISON COMPANY'S MOTION FOR SUMMARY JUDGMENT

5/18/2017: ORDER AND JUDGMENT ON SOUTHERN CALIFORNIA EDISON COMPANY'S MOTION FOR SUMMARY JUDGMENT

PLAINTIFF SANCHEZ' OPPOSTTION TO DEFENDANT COLA'S MOTION TO COMPEL SEPARATE STATEMENT - REQUEST FOR ADMISSIONS, SET NO. TWO

10/27/2017: PLAINTIFF SANCHEZ' OPPOSTTION TO DEFENDANT COLA'S MOTION TO COMPEL SEPARATE STATEMENT - REQUEST FOR ADMISSIONS, SET NO. TWO

PILAINTIFF SANCHEZ' OPPOSITION TO DEFENDANT COUNTY'S MOTION TO COMPEL SPECIAL INTERROGATORIES - SET NO. 2

10/27/2017: PILAINTIFF SANCHEZ' OPPOSITION TO DEFENDANT COUNTY'S MOTION TO COMPEL SPECIAL INTERROGATORIES - SET NO. 2

153 More Documents Available

 

Docket Entries

  • 08/28/2018
  • at 09:02 AM in Department 61; Jury Trial (Jury Trial; Advanced to a Previous Date) -

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  • 08/17/2018
  • at 09:00 AM in Department 61; Final Status Conference (Final Status Conference; Advanced to a Previous Date) -

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  • 07/12/2018
  • Order; Filed by Defendant/Respondent

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  • 07/12/2018
  • ORDER GRANTING DIEGA AND JOSE LOPEZZ'S MOTION FOR SUMARY JUDGMENT AND ADJUDICATION

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  • 07/09/2018
  • Notice of Ruling; Filed by Jose E. Lopez (Legacy Party); Diega Lopez (Legacy Party)

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  • 07/09/2018
  • NOTICE OF RUUNG ON THE MOTION OF DIEGA AND JOSE LOPEZ'S MOTION FOR SUMMARY JUDGMENT OR SUMMARY JUDGMENT AND ADJUDICATION

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  • 07/02/2018
  • NOTICE OF STAY OF ACTION PENDING APPEAL; NOTICE FINAL STATUS CONFERENCE DATE AND TRIAL DATE HAVE BEEN VACATED.

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  • 07/02/2018
  • Notice of Stay of Proceedings (Bankruptcy); Filed by Ana Rosa Sanchez (Plaintiff)

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  • 06/28/2018
  • at 09:01 AM in Department 61; Hearing on Motion for Summary Judgment (Motion for Summary Judgment; Motion Denied) -

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  • 06/28/2018
  • ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE

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294 More Docket Entries
  • 04/20/2016
  • Proof-Service/Summons; Filed by Ana Rosa Sanchez (Plaintiff)

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  • 04/14/2016
  • PROOF OF SERVICE SUMMONS

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  • 04/14/2016
  • Proof-Service/Summons; Filed by Ana Rosa Sanchez (Plaintiff)

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  • 04/06/2016
  • PROOF OF SERVICE SUMMONS

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  • 04/06/2016
  • Proof-Service/Summons; Filed by Ana Rosa Sanchez (Plaintiff)

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  • 04/06/2016
  • PROOF OF SERVICE SUMMONS

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  • 04/06/2016
  • Proof-Service/Summons; Filed by Ana Rosa Sanchez (Plaintiff)

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  • 03/08/2016
  • Complaint; Filed by Ana Rosa Sanchez (Plaintiff)

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  • 03/08/2016
  • PLAINTIFF ANA ROSA SANCHEZ'S COMPLAINT FOR DAMAGES: 1. WRONGFUL DEATH, STATUTORY LIABILITY, DANGEROUS CONDITION OF PUBLIC PROPERTY; ETC

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  • 03/08/2016
  • SUMMONS

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Tentative Rulings

Case Number: BC612949    Hearing Date: May 11, 2021    Dept: 61

I. MOTION FOR SUBSTITUTION OF PLAINTIFFS

Plaintiff Ana Rosa Sanchez died on July 18, 2020. (Cwiklo Decl. ¶ 2.) “[A] cause of action for or against a person is not lost by reason of the person's death, but survives subject to the applicable limitations period.” (Code Civ. Proc. 377.20, subd. (a).) “On motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent's personal representative or, if none, by the decedent's successor in interest.” (Code Civ. Proc. § 377.31.)

(a) The person who seeks to commence an action or proceeding or to continue a pending action or proceeding as the decedent's successor in interest under this article, shall execute and file an affidavit or a declaration under penalty of perjury under the laws of this state stating all of the following:

(1) The decedent's name.

(2) The date and place of the decedent's death.

(3) “No proceeding is now pending in California for administration of the decedent's estate.”

(4) If the decedent's estate was administered, a copy of the final order showing the distribution of the decedent's cause of action to the successor in interest.

(5) Either of the following, as appropriate, with facts in support thereof:

(A) “The affiant or declarant is the decedent's successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) and succeeds to the decedent's interest in the action or proceeding.”

(B) “The affiant or declarant is authorized to act on behalf of the decedent's successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) with respect to the decedent's interest in the action or proceeding.”

(6) “No other person has a superior right to commence the action or proceeding or to be substituted for the decedent in the pending action or proceeding.”

(7) “The affiant or declarant affirms or declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.”

(b) Where more than one person executes the affidavit or declaration under this section, the statements required by subdivision (a) shall be modified as appropriate to reflect that fact.

(c) A certified copy of the decedent's death certificate shall be attached to the affidavit or declaration.

(Code Civ. Proc. § 377.32.)

The present motion is brought by Santiago and Juan Sanchez, Plaintiff’s mother and father. They have filed a joint declaration under the above statute that complies with the above requirements. They testify that they are the successor in interest to Plaintiff under Code of Civil Procedure § 377.11, which states: “For the purposes of this chapter, “decedent's successor in interest” means the beneficiary of the decedent's estate or other successor in interest who succeeds to a cause of action or to a particular item of the property that is the subject of a cause of action.”

Defendant in opposition contends that the motion should be denied because the right party to succeed to Plaintiff’s claims would be the father of the decedent child, Christopher Trejo. (Opposition at pp. 5–6.) Defendant points to Code of Civil Procedure § 377.60, which states:

A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent's personal representative on their behalf:

(a) The decedent's surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedent's parents.

(Code Civ. Proc. § 377.60, subd. (a).)

Defendant argues from the above that the proper party to bring the action would be the one who inherited it from Decedent by intestate succession. Under Probate Code § 6402, which states that an intestate estate not passing to the surviving spouse will pass,”[i]f there is no surviving issue, to the decedent’s parent or parents equally.” (Prob. Code § 6402, subd. (b).) Thus Defendant argues that the person with a right to Decedent’s claim is Christopher Trejo, his surviving parent. (Opposition at pp. 5–6.)

Plaintiff in reply notes that Christopher Trejo was joined to this case as a nominal defendant on May 30, 2017, under Code of Civil Procedure § 382. (Reply at p. 3.) Both parties note that in Plaintiff’s deposition testimony, she stated that she had not seen Christopher since Decedent was four months old in 2002, until she saw him again for Decedent’s funeral in May 2015. (Castronomo Decl. Exh. A.)

Christopher is already a nominal defendant under Code of Civil Procedure § 382, meaning that he is a party whose consent to joinder as plaintiff could not be obtained. Moreover, beyond this argument, Defendant makes no issue of Santiago and Juana Sanchez’s application as Plaintiff’s successors in interest. Given the inability to join Christopher Trejo, and Juana and Santiago’s status as Plaintiff’s successors in interest, there is no defect in the present motion preventing the substitution that moving parties request.

The motion is GRANTED.

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