This case was last updated from Los Angeles County Superior Courts on 07/05/2019 at 08:37:10 (UTC).

BEATA KAMINSKA VS CITY OF LOS ANGELES ET AL

Case Summary

On 09/24/2015 BEATA KAMINSKA filed a Personal Injury - Other Personal Injury lawsuit against CITY 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:

    ****5737

  • Filing Date:

    09/24/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

KAMINSKA BEATA

Defendants and Respondents

DOES 1 TO 10

LOS ANGELES CITY OF

LOS ANGELES POLICE DEPARTMENT

SGT. ASKEW

CITY OF LOS ANGELES

GAMBOA OFFICER

SHUFF OFFICER

Attorney/Law Firm Details

Defendant Attorneys

GREENWOOD ELIZABETH LOUISE

MCALEER MATTHEW WILLIAM

 

Court Documents

NOTICE OF CONTINUANCE OF DEFENDANT'S DEMURRER TO PLAINTIFF'S COMPLAINT

1/17/2018: NOTICE OF CONTINUANCE OF DEFENDANT'S DEMURRER TO PLAINTIFF'S COMPLAINT

RULING RE: DEMURRER TO COMPLAINT BY THE CITY OF LOS ANGELES

1/17/2018: RULING RE: DEMURRER TO COMPLAINT BY THE CITY OF LOS ANGELES

Minute Order

1/17/2018: Minute Order

Minute Order

2/7/2018: Minute Order

DECLARATION OF ELIZABETH MITCHELL RE: DEFENDANT CITY OF LOS ANGELES' CCP SECTION 43O.41 MEET AND CONFER RE: DEFENDANT'S DEMURRER TO PLAINTIFFS' FIRST AMENDED COMPLAINT

2/9/2018: DECLARATION OF ELIZABETH MITCHELL RE: DEFENDANT CITY OF LOS ANGELES' CCP SECTION 43O.41 MEET AND CONFER RE: DEFENDANT'S DEMURRER TO PLAINTIFFS' FIRST AMENDED COMPLAINT

Minute Order

2/21/2018: Minute Order

NOTICE OF CASE MANAGEMENT CONFERENCE

5/30/2018: NOTICE OF CASE MANAGEMENT CONFERENCE

NOTICE RE: CONTINUANCE OF HEARING

6/20/2018: NOTICE RE: CONTINUANCE OF HEARING

CASE MANAGEMENT STATEMENT

7/10/2018: CASE MANAGEMENT STATEMENT

Minute Order

7/11/2018: Minute Order

Minute Order

10/1/2018: Minute Order

Proof of Service by Mail

10/22/2018: Proof of Service by Mail

Other -

10/22/2018: Other -

Declaration

11/26/2018: Declaration

Notice of Continuance

12/4/2018: Notice of Continuance

Demurrer - without Motion to Strike

12/21/2018: Demurrer - without Motion to Strike

Request for Judicial Notice

12/21/2018: Request for Judicial Notice

Declaration

12/21/2018: Declaration

47 More Documents Available

 

Docket Entries

  • 06/13/2019
  • Motion to Quash Service of Summons; Filed by Officer Shuff (Defendant)

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  • 06/12/2019
  • Answer (DEFENDANT SERGEANT RICHARD ASKEW?S ANSWER TO PLAINTIFF?S SECOND AMENDED COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL); Filed by Sgt. Askew (Defendant)

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  • 06/03/2019
  • at 08:30 AM in Department 74; Non-Appearance Case Review (ReDismissal of all unserved Defendants and/or Does) - Held

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  • 06/03/2019
  • Minute Order ( (Non-Appearance Case Review Re: Dismissal of all unserved Defe...)); Filed by Clerk

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  • 06/03/2019
  • Certificate of Mailing for (Minute Order (Non-Appearance Case Review Re: Dismissal of all unserved Defe...) of 06/03/2019); Filed by Clerk

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  • 06/03/2019
  • Order - Dismissal; Filed by Court

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  • 05/31/2019
  • at 08:30 AM in Department 74; Hearing on Demurrer - with Motion to Strike (CCP 430.10) - Held

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  • 05/31/2019
  • at 08:30 AM in Department 74; Hearing on Motion for Protective Order - Held - Motion Denied

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  • 05/31/2019
  • Notice of Ruling; Filed by City of Los Angeles (Defendant)

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  • 05/31/2019
  • Minute Order ( (Hearing on Motion for Protective Order; Hearing on Demurrer -...)); Filed by Clerk

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91 More Docket Entries
  • 08/03/2017
  • Notice of Change of Address or Other Contact Information; Filed by Beata Kaminska (Plaintiff)

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  • 08/03/2017
  • NOTICE OF CHANGE OF ADDRESS OR OTHER CONTACT INFORMATION

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  • 03/24/2017
  • at 08:30 AM in Department 91; Jury Trial - Not Held - Advanced and Vacated

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  • 03/09/2017
  • at 10:00 AM in Department 91; Final Status Conference (Final Status Conference; Court makes order) -

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  • 03/09/2017
  • Minute Order

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  • 03/09/2017
  • Minute order entered: 2017-03-09 00:00:00; Filed by Clerk

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  • 09/24/2015
  • Complaint; Filed by Beata Kaminska (Plaintiff)

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  • 09/24/2015
  • SUMMONS

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  • 09/24/2015
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 09/24/2015
  • ORDER ON COURT FEE WAIVER

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Tentative Rulings

b'

Case Number: BC595737 Hearing Date: July 6, 2021 Dept: 74

\r\n\r\n

BC595737 BEATA\r\nKAMINSKA VS CITY OF LOS ANGELES

\r\n\r\n

Plaintiff’s Motion to Vacate and Set Aside

\r\n\r\n

TENTATIVE RULING: \r\nThe motion is DENIED.

\r\n\r\n

Defendant moves\r\nto set aside the November 5, 2020 order denying her motion for reconsideration pursuant\r\nto Code of Civil Procedure §473(b) and (d) on the grounds of mistake, inadvertence,\r\nor excusable neglect.

\r\n\r\n

Plaintiff makes\r\nthe same arguments made in her November 5, 2020 motion for reconsideration. As such, section 473 does not apply\r\nhere. The governing statute is Code of\r\nCivil Procedure §1008(a).

\r\n\r\n

This Motion is Untimely

\r\n\r\n

A motion for reconsideration must\r\nbe filed within 10 days after service of written notice of the entry of the\r\norder that the moving party is requesting that the court reconsider. Code Civ.\r\nProc. § 1008(a). Defendants served Plaintiff with notice of entry of the order denying\r\nher motion for reconsideration on November 5, 2020. The deadline for Plaintiff to file this motion\r\nwas November 20, 2020, which is 10 days later plus another five days for mail\r\nservice pursuant to Code of Civil Procedure §1013(a). Plaintiff filed her motion\r\nfor reconsideration on May 4, 2021. The court does not have jurisdiction to reconsider\r\nits November 5, 2020 order denying Plaintiff’s motion for reconsideration. Code\r\nCiv. Proc. § 1008(e).

\r\n\r\n

No New or Different Facts, Circumstances or Law

\r\n\r\n

This motion is not supported by a\r\ndeclaration or affidavit containing new facts or circumstances from those\r\nconsidered by the court when it denied her motion for reconsideration on\r\nNovember 5, 2020. Therefore, this motion\r\nfails to satisfy the requirements Code of Civil Procedure §1008(e).

\r\n\r\n

\r\n\r\n'

Case Number: BC595737    Hearing Date: December 17, 2020    Dept: 74

BC595737 BEATA KAMINSKA VS CITY OF LOS ANGELES

Plaintiff’s Motion for Relief from Order Granting Summary Judgment

TENTATIVE RULING: The motion is DENIED.

This motion is untimely. The Court dismissed this suit on January 10, 2020. Plaintiff filed this instant motion on October 2, 2020, approximately nine months later. Despite such, Plaintiff argues the Court should consider this motion as the six months timeliness requirement is not a hard rule. “The law favors judgments based on the merits, not procedural missteps. Our Supreme Court has repeatedly reminded us that in this area doubts must be resolved in favor of relief, with an order denying relief scrutinized more carefully that an order granting it. As Justice Mosk put it in Rappleyea, ‘Because the law favors disposing of cases on their merits, ‘any doubts in applying section 473 must be resolved in favor of the party seeking relief from default [citations]. Therefore, a trial court order denying relief is scrutinized more carefully than an order permitting trial on the merits.’” (Lasalle v. Vogel (2019) 36 Cal.App.5th 127, 134–135.) As such, the Court will consider the merits of this motion.

Merits

Plaintiff failed to timely submit its opposition to Defendant’s motion for summary judgment due to an illness and printing issues. (Motion, p. 2:5-9.) Due to these issues, Plaintiff’s opposition lacked certain arguments; however, to cure the issue Plaintiff filed an addendum to the opposition on the following date. (Motion, p. 2:12-18.) Plaintiff further argues that the Court was unaware of the addendum and likely did not consider the addendum. (Motion, p. 2:19-22.) Despite Plaintiff’s late filing of the opposition, the Court considered the merits of the first opposition filed and found Plaintiff’s opposition failing as it did not establish a triable issue as to “the applicability of Gov. Code §821.6’s immunity to the claims of the SAC.” Furthermore, Plaintiff’s addendum would not have cured this issue as Gov. Code §821.6 is not addressed.

Case Number: BC595737    Hearing Date: November 05, 2020    Dept: 74

BC595737 BEATA KAMINSKA VS CITY OF LOS ANGELES

Plaintiff’s Motion for Reconsideration

TENTATIVE RULING: Plaintiff’s requests for judicial notice are granted. Plaintiff’s motion for reconsideration is denied. The motion was not filed within 10 days of the subject order and plaintiff did not submit any “new or different facts, circumstances, or law” to warrant reconsideration. (Code Civ. Proc. § 1008(b).) “The Supreme Court …held that a party is prohibited from making, and the trial court from granting, a motion for reconsideration unless the requirements of sections 437c, subdivision (f)(2), or 1008 are satisfied.” (New York Times Co. v. Superior Court (2005) 135 Cal.App.4th 206, 211.) Furthermore, an application for reconsideration that fails to comply with Code Civ. Proc. § 1008 cannot be considered. Code Civ. Proc. § 1008(e).

Case Number: BC595737    Hearing Date: November 18, 2019    Dept: 74

BC595737 BEATA KAMINSKA VS CITY OF LOS ANGELES ET AL

Defendant Officer Shuff’s Motion to Quash Service of Summons and Complaint

TENTATIVE RULING: The motion is continued to December 5, 2019 for proof of service that the complaint was mailed to Officer Shuff at LAPD Headquarters.

Complainants have the initial burden to evidence valid statutory service of a summons and complaint. (Dill v. Berquist Const. Co., Inc. (1994) 24 Cal.App.4th 1426, 1439-1440; Floveyor Internat. v. Sup. Ct. (1997) 59 Cal. App. 4th 789, 794.)

Plaintiff has submitted evidence that both LAPD Headquarters and City Hall told Carlin, the process server, that Officer Shuff was assigned to LAPD Headquarters, and that service was accepted by at the Duty Desk. Officer Shuff submitted only a declaration by his attorney, who has no personal knowledge, that on information and belief Officer Shuff is not assigned to headquarters.

However, because this was substituted service, it is not complete until a copy of the summons and complaint are mailed to Officer Shuff at headquarters.

The motion is continued for proof of service on mailing the summons and complaint.

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