On 11/21/2011 ANGELICA FORSYTHE filed a Personal Injury - Other Personal Injury lawsuit against ARCTIC GLACIER INC, UNION ICE CO. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are FRANK J. JOHNSON, AMY D. HOGUE, ELIA WEINBACH, MICHELLE WILLIAMS COURT, HOLLY E. KENDIG, MARC D. GROSS and THOMAS D. LONG. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
FRANK J. JOHNSON
AMY D. HOGUE
MICHELLE WILLIAMS COURT
HOLLY E. KENDIG
MARC D. GROSS
THOMAS D. LONG
ARCTIC GLACIER INC
RITE AID CORP
THRIFTY PAYLESS INC.
UNION ICE CO
RITE AID (X-COMP.) (COMPLT
ARCTIC GLACIER INC
THRIFTY PAYLESS INC.
UNION ICE CO
MOES 1 TO 10
THRIFTY PAYLESS INC.
UNION ICE COMPANY (ROE 1)
UNION ICE COMPANY ROE 1
THIRIFTY PALES DBA RITE AID
COMPEAN MICHAEL D. ESQ.
KAY MARVIN ESQ.
LENKOV JEFFREY MYLES
REID DAVID PHILIP ESQ.
3/20/2018: ORDER GRANTING PLAINTIFF'S EX-PARTE APPLICATION TO DEFENDANT'S MOTION TO DISMISS,
4/24/2018: Minute Order -
5/31/2018: DECLARATION OF MARVIN KAY RE: DEFENDANT'S EX-PARTE HEARING FOR MOTION TO DISMISS
7/13/2018: MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT RITE AID'S MOTION TO DISMISS DEFENDANT UNION ICE'S CROSS-COMPLAINT FOR FAILURE TO PROSECUTE PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 583
7/13/2018: ORDER GRANTING DEFENDANT'S MOTION TO DISMISS UNION ICE'S CROSS-COMPLAINT FOR FAILURE TO PROSECUTE, PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 583.3 10
8/3/2018: PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO DISMISS; DECLARATION MARVIN KAY; POINTS AND AUTHORITY; REQUEST FOR SANCTIONS
8/14/2018: Reply - Reply to Union Ice's Opposition to Rite Aid's Motion to Dismiss Union Ice's Cross-Complaint
8/28/2018: ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE
10/4/2018: Declaration - regarding Bankruptcy status
10/12/2018: Appeal - Notice of Appeal/Cross Appeal Filed - Notice of Appeal/Cross Appeal Filed
10/25/2018: Minute Order - Minute Order (Conference Re: Status of Defendant Union Ice, Company and Ar...)
8/30/2019: Minute Order - MINUTE ORDER (STATUS CONFERENCE RE: BANKRUPTCY PROCEEDINGS AS TO DEFENDANTS...)
2/20/2020: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)
4/7/2020: Motion for Leave - MOTION FOR LEAVE TO FILE 1ST AMENDED COMPLAINT
7/24/2020: Notice of Posting of Jury Fees
7/31/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER: RE RESCHEDULING HEARINGS PURSUANT TO EMERGENCY O...) OF 07/31/2020
8/17/2020: Notice - NOTICE NOTICE OF CONTINUANCE OF TRIAL SETTING CONFERENCE
7/10/2013: Minute Order -
Hearing03/17/2021 at 10:30 AM in Department 31 at 312 North Spring Street, Los Angeles, CA 90012; Trial Setting ConferenceRead MoreRead Less
Docketat 1:30 PM in Department 31, Thomas D. Long, Presiding; Hearing on Motion for Reconsideration - Not Held - Taken Off Calendar by PartyRead MoreRead Less
Docketat 08:30 AM in Department 31, Thomas D. Long, Presiding; Jury Trial - Not Held - Advanced and VacatedRead MoreRead Less
DocketNotice (Notice of Continuance of Trial Setting Conference); Filed by UNION ICE CO (Defendant); UNION ICE COMPANY (ROE 1) (Cross-Defendant)Read MoreRead Less
Docketat 10:30 AM in Department 31, Thomas D. Long, Presiding; Trial Setting Conference - Not Held - Continued - Court's MotionRead MoreRead Less
Docketat 10:00 AM in Department 31, Thomas D. Long, Presiding; Final Status Conference - Not Held - Advanced and VacatedRead MoreRead Less
DocketMinute Order ( (Trial Setting Conference)); Filed by ClerkRead MoreRead Less
Docketat 11:36 AM in Department 31, Thomas D. Long, Presiding; Court OrderRead MoreRead Less
DocketCertificate of Mailing for ((Court Order: Re Rescheduling Hearings Pursuant to Emergency O...) of 07/31/2020); Filed by ClerkRead MoreRead Less
DocketMinute Order ( (Court Order: Re Rescheduling Hearings Pursuant to Emergency O...)); Filed by ClerkRead MoreRead Less
DocketCross-Complaint; Filed by RITE AID CORP (DISM ON COMPLT) (Defendant)Read MoreRead Less
DocketComplaint-Cross-No Summons Iss; Filed by Attorney for Deft/X-ComplainantRead MoreRead Less
DocketProof of Service of Summons and Complaint; Filed by ANGELICA FORSYTHE (Plaintiff)Read MoreRead Less
DocketProof of Service-Summons & Com; Filed by Attorney-PlaintiffRead MoreRead Less
DocketComplaint; Filed by ANGELICA FORSYTHE (Plaintiff)Read MoreRead Less
DocketNotice of Case Management Conference; Filed by nullRead MoreRead Less
DocketComplaintRead MoreRead Less
DocketSummons-Issued; Filed by Attorney-PlaintiffRead MoreRead Less
DocketNotice-Case Management ConferenceRead MoreRead Less
DocketSummons-Issued; Filed by ANGELICA FORSYTHE (Plaintiff)Read MoreRead Less
Case Number: LC095556 Hearing Date: June 24, 2020 Dept: 31
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
ARCTIC GLACIER, INC., ET AL.,
CASE NO: LC095556
[TENTATIVE] ORDER DENYING MOTION FOR LEAVE TO AMEND
June 24, 2020
Plaintiff, Angelica Forsythe filed this action against Defendants, Arctic Glacier, Inc., Union Ice Company, and Rite Aid Corporation on 1/21/11. Arctic and Union Ice filed a cross-complaint against Rite Aid, and Rite Aid filed a cross-complaint against Arctic and Union Ice.
On 7/27/12, Arctic and Union Ice filed a Notice of Stay of Proceedings because they had commenced bankruptcy proceedings. On 6/06/13, Plaintiff filed a request for dismissal of Arctic.
On 8/14/18, the Court granted Rite Aid’s motion to dismiss, finding the case against it was barred by the five-year mandatory dismissal statute. The Court found the time the co-defendants were in bankruptcy could not be used to calculate the time to bring the action to trial against Rite Aid, and none of Plaintiff’s claimed exceptions to the dismissal statute applied.
Motion for Leave to Amend
At this time, Plaintiff moves for leave to file an amended complaint. Plaintiff seeks an order that (a) the dismissal of Arctic Glacier be set aside and the case allowed to proceed against it, (b) the complaint against Rite Aid can be maintained, (c) the complaint can be amended to add allegations against Arctic Glacier Holdings, Inc. and Arctic Glacier, U.S.A., and (d) the complaint may be maintained against Union Ice Company.
Dismissal of Union Ice
Plaintiff’s first request is that her 6/06/13 dismissal of Arctic Glacier be set aside and she be permitted to prosecute her claims against Arctic Glacier. Arctic Glacier did not file opposition to this motion, but Union Ice did. Union Ice correctly notes, in opposition to the motion, that Plaintiff fails to cite any applicable authority in support of her motion to “amend” her complaint to state a claim against Arctic Glacier. This is really a motion to vacate the dismissal of Arctic Glacier, but the dismissal was entered over seven years ago. Plaintiff cites no applicable authority for the position that a dismissal can be vacated seven years after it is voluntarily filed.
Notably, Plaintiff argues the dismissal should be set aside as void because Arctic Glacier was in bankruptcy when Plaintiff dismissed it, and the bankruptcy judge did not authorize or approve it. Plaintiff cites no authority for the position that a bankruptcy judge must approve a DISMISSAL of a civil action against a debtor in bankruptcy. The Court knows of no such authority. The motion to reinstate the case against Arctic Glacier is denied.
b. Dismissal of Rite Aid
As noted above, the Court granted Rite Aid’s motion to dismiss the case against it on 8/14/18. Plaintiff has not filed a motion for reconsideration of that order. Plaintiff, in this motion, argues the case against Rite Aid should be reinstated for reasons relating to the parties’ communications about removal of the case from the bankruptcy stay. The Court considered and rejected these same arguments in connection with the motion to dismiss. Plaintiff has cited no authority for the position that she can now amend to bring a defendant that was dismissed, on noticed motion, almost two years ago, back into the case. The motion to permit the action to proceed against Rite Aid is denied.
c. New Defendants
Plaintiff also seeks leave to add new defendants to the action, specifically Arctic Glacier Holdings and Arctic Glacier U.S.A., Inc. Plaintiff does not meaningfully address how these defendants can be added to the litigation nine years after she initiated it. She briefly discusses tolling of the statute of limitations when a defendant is in bankruptcy, but she does not show that either of these entities was ever in bankruptcy; on the contrary, the opposition papers shows that they were not. The motion for leave to add these entities is therefore also denied.
The motion for leave to amend is denied in its entirety. Plaintiff is ordered to give notice.
Parties who intend to submit on this tentative must send an email to the court at email@example.com indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the parties do not submit on the tentative they should arrange to appear remotely. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.
Dated this 24th day of June, 2020
Hon. Thomas D. Long
Judge of the Superior Court