This case was last updated from Los Angeles County Superior Courts on 07/11/2021 at 14:16:00 (UTC).

CARLOS MADRID VS CALIFORNIA FAIR PLAN PROPERTY INSURANCE ET

Case Summary

On 09/09/2015 CARLOS MADRID filed a Civil Right - Other Civil Right lawsuit against CALIFORNIA FAIR PLAN PROPERTY INSURANCE ET. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are RAFAEL A. ONGKEKO, SAMANTHA P. JESSNER and TIMOTHY PATRICK DILLON. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3925

  • Filing Date:

    09/09/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

RAFAEL A. ONGKEKO

SAMANTHA P. JESSNER

TIMOTHY PATRICK DILLON

 

Party Details

Plaintiffs and Petitioners

MADRID CARLOS

PACIFIC OCEAN PROPERTIES INC SIC

PACIFIC OCEAN PROPERTIES INC.

PACIFIC OCEAN PROPERTIES INC. ESA DESIGNATED IN AN EARLIER-FILED ACTON AS "PACIFIC OCEAN PROPERTIES INC. "

Defendants, Respondents and Cross Plaintiffs

CALIFORNIA FAIR PLAN ASSOCIATION

CALIFORNIA FAIR PLAN PROPERTY INSURANCE

CLASSIC CLAIMS INSURANCE ADJUSTERS

DOES 1-200

KEN'S ROOFING INC.

LARRY H. WARNE CONSTRUCTION INC.

MARSH HAROLD

WARNE LARRY

SIGNAL RESTORATION SERVICES

MARSH HAROLD - G/F SETTLEMENT

GORDON CHRISTOPHER

LARRY H. WARNE CONSTRUCTION

Cross Defendants and Plaintiffs

SIGNAL RESTORATION WEST LLC

PACIFIC OCEAN PROPERTIES INC SIC

SIGNAL RESTORATION WEST LLC DBA SIGNAL RESTORATION SERVICES

4 More Parties Available

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

WLA LEGAL SERVICES INC.

ZELIG STEVEN

ZELIG* STEVEN

Defendant and Respondent Attorneys

HOLLINGSHEAD & ASSOCIATES

KRAFT PHILIP ESQ.

LEWIS BRISBOIS BISGAARD & SMITH LLP

KAUFMAN DOLOWICH & VOLUCK LLP

PHILIP A. KRAFT & ASSOCIATES

JAMPOL ALAN R. ESQ.

Cross Plaintiff Attorney

MARKS GREGORY WILLIAM

Cross Defendant Attorney

KRING KYLE DION

Other Attorneys

CAMPBELL * PATRICK J

KRING & CHUNG LLP

 

Court Documents

Notice - NOTICE OF REASSIGNMENT OF CASE AND RELATED ORDERS; NOTICE OF RELATED CASES; NOTICE OF CASE MANAGEMENT CONFERENCE

7/12/2019: Notice - NOTICE OF REASSIGNMENT OF CASE AND RELATED ORDERS; NOTICE OF RELATED CASES; NOTICE OF CASE MANAGEMENT CONFERENCE

Abstract of Judgment - Civil and Small Claims

12/28/2020: Abstract of Judgment - Civil and Small Claims

Declaration - DECLARATION OF GREGORY W. MARKS IN REPONSE TO ORDER TO SHOW CAUSE RE CONSOLIDATION OF CASES

4/14/2021: Declaration - DECLARATION OF GREGORY W. MARKS IN REPONSE TO ORDER TO SHOW CAUSE RE CONSOLIDATION OF CASES

Minute Order - MINUTE ORDER (COURT ORDER RE: CONSOLIDATION OF RELATED CASES)

4/23/2021: Minute Order - MINUTE ORDER (COURT ORDER RE: CONSOLIDATION OF RELATED CASES)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [MINUTE ORDER (COURT ORDER RE: CONSOLIDATION OF RELATED CASES)]

4/23/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [MINUTE ORDER (COURT ORDER RE: CONSOLIDATION OF RELATED CASES)]

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW)

4/26/2021: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW)

Notice - NOTICE OF TENTATIVE RULING RE MOTION FOR RECONSIDERATION OF DEMURRER OF DEFENDANT LARRY H. WARNE, AN INDIVIDUAL DBA LARRY H. WARNE CONSTRUCTION TO FIST AMENDED COMPLAINT

4/27/2021: Notice - NOTICE OF TENTATIVE RULING RE MOTION FOR RECONSIDERATION OF DEMURRER OF DEFENDANT LARRY H. WARNE, AN INDIVIDUAL DBA LARRY H. WARNE CONSTRUCTION TO FIST AMENDED COMPLAINT

Opposition - OPPOSITION OPPOSITION TO MOTION FOR RECONSIDERATION OF A RULING THAT NEVER OCCURRED; DECLARATION OF STEVEN ZELIG; REQUEST THAT THE COURT ORDER A HEARING AS TO WHY SANCTIONS SHOULD NOT B

5/5/2021: Opposition - OPPOSITION OPPOSITION TO MOTION FOR RECONSIDERATION OF A RULING THAT NEVER OCCURRED; DECLARATION OF STEVEN ZELIG; REQUEST THAT THE COURT ORDER A HEARING AS TO WHY SANCTIONS SHOULD NOT B

Reply - REPLY TO OPPOSITION TO MOTION FOR RECONSIDERATION OF DEMURRER OF DEFENDANT LARRY H. WARNE, AN INDIVIDUAL DBA LARRY H. WARNE CONSTRUCTION TO FIRST AMENDED COMPLAINT, DECLARATION OF PATRICK J. C

5/10/2021: Reply - REPLY TO OPPOSITION TO MOTION FOR RECONSIDERATION OF DEMURRER OF DEFENDANT LARRY H. WARNE, AN INDIVIDUAL DBA LARRY H. WARNE CONSTRUCTION TO FIRST AMENDED COMPLAINT, DECLARATION OF PATRICK J. C

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR RECONSIDERATION OF DEMURRER OF DEFENDAN...)

5/18/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR RECONSIDERATION OF DEMURRER OF DEFENDAN...)

Notice of Lodging - NOTICE OF LODGING OF COURTESY COPIES OF DEMURRER TO FIRST AMENDED COMPLAINT, OPPOSITION AND REPLY

5/28/2021: Notice of Lodging - NOTICE OF LODGING OF COURTESY COPIES OF DEMURRER TO FIRST AMENDED COMPLAINT, OPPOSITION AND REPLY

Ex Parte Application - EX PARTE APPLICATION TO RE-SET HEARING RE DEMURRER OF LARRY H. WARNE, AN INDIVIDUAL DBA LARRY H. WARNE CONSTRUCTION TO FIRST AMENDED COMPLAINT BASED ON COURT'S TENTATIVE RULING

6/1/2021: Ex Parte Application - EX PARTE APPLICATION TO RE-SET HEARING RE DEMURRER OF LARRY H. WARNE, AN INDIVIDUAL DBA LARRY H. WARNE CONSTRUCTION TO FIRST AMENDED COMPLAINT BASED ON COURT'S TENTATIVE RULING

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO RE-SET HEARING RE DEMURRER...)

6/2/2021: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO RE-SET HEARING RE DEMURRER...)

Notice of Ruling

6/2/2021: Notice of Ruling

Notice - NOTICE OF WITHDRAWAL WITHOUT PREJUDICE OF THE FOLLOWING CAUSES OF ACTION CONTAINED IN THE FIRST AMENDED COMPLAINT AGAINST LARRY H. WARNE, AN INDIVIDUAL DBA LARRY H. WARNE CONSTRUCTION: (1) T

6/8/2021: Notice - NOTICE OF WITHDRAWAL WITHOUT PREJUDICE OF THE FOLLOWING CAUSES OF ACTION CONTAINED IN THE FIRST AMENDED COMPLAINT AGAINST LARRY H. WARNE, AN INDIVIDUAL DBA LARRY H. WARNE CONSTRUCTION: (1) T

Order - Dismissal

6/23/2021: Order - Dismissal

Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE)

6/23/2021: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE) OF 06/23/2021

6/23/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE) OF 06/23/2021

306 More Documents Available

 

Docket Entries

  • 03/14/2022
  • Hearing03/14/2022 at 08:30 AM in Department 73 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 02/28/2022
  • Hearing02/28/2022 at 08:30 AM in Department 73 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 06/23/2021
  • Docketat 08:30 AM in Department 73, Timothy Patrick Dillon, Presiding; Hearing on Demurrer - without Motion to Strike - Held

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  • 06/23/2021
  • DocketOrder - Dismissal; Filed by Clerk

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  • 06/23/2021
  • DocketCertificate of Mailing for ((Hearing on Demurrer - without Motion to Strike) of 06/23/2021); Filed by Clerk

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  • 06/23/2021
  • DocketMinute Order ( (Hearing on Demurrer - without Motion to Strike)); Filed by Clerk

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  • 06/08/2021
  • DocketNotice (OF WITHDRAWAL WITHOUT PREJUDICE OF the following causes of action contained in the first amended complaint against larry h. warne, an individual dba larry h. warne construction: (1) third cause of action for conspiracy to defraud; (2) fourth cause); Filed by Pacific Ocean Properties, Inc. (Plaintiff)

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  • 06/02/2021
  • Docketat 08:30 AM in Department 73, Timothy Patrick Dillon, Presiding; Hearing on Ex Parte Application (To Re-Set Hearing Re Demurrer of Larry H. Warne, an Individual dba Larry H. Warne Construction to First Amended Complaint Based on Court's Tentative Ruling of May 18, 2021) - Held - Motion Granted

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  • 06/02/2021
  • DocketNotice of Ruling; Filed by Larry Warne (Defendant)

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  • 06/02/2021
  • DocketMinute Order ((Hearing on Ex Parte Application To Re-Set Hearing Re Demurrer...)); Filed by Clerk

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664 More Docket Entries
  • 10/30/2015
  • DocketDeclaration; Filed by Defendant/Respondent

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  • 10/30/2015
  • DocketPROOF OF SERVICE RE MOTION TO TRANSFER VENUE

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  • 10/13/2015
  • DocketPROOF OF SERVICE SUMMONS

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  • 10/13/2015
  • DocketProof-Service/Summons

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  • 10/13/2015
  • DocketPROOF OF SERVICE SUMMONS

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  • 09/24/2015
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 09/24/2015
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 09/09/2015
  • DocketComplaint; Filed by Carlos Madrid (Plaintiff)

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  • 09/09/2015
  • DocketSUMMONS

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  • 09/09/2015
  • DocketCOMPLAINT FOR COMPENSATORY AND PUNITIVE DAMAGES

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Tentative Rulings

Case Number: BC593925    Hearing Date: May 18, 2021    Dept: D

5/18/21

Dept. D (from Dept. 73, this motion only)

Rafael Ongkeko, Judge presiding

Madrid v. Calif. Fair Plan, et al. (BC593925, consolidated with BC649991)

Counsel for Plaintiff/opposing party: Steven Zelig

Counsel for Defendant/moving party Larry Warne: Patrick Campbell

Other counsel: Omitted.

Motion for reconsideration (filed 3/22/21 in BC649991)

Tentative ruling

The court has read and considered Defendant Warne’s motion for reconsideration (filed 3/22/21) and previously issued a tentative ruling on 4/26/21, without prejudice to the parties’ subsequent briefing and argument. The parties availed themselves of that opportunity. On 5/5/21 Plaintiff filed an opposition. On 5/10/21 Warne filed a reply.

Despite the court’s best efforts to encourage the parties to reach a sensible solution to a simple procedural issue- i.e., whether Judge Ongkeko can and should order Warne’s demurrer to the first amended complaint (in BC649991) back on Dept. 73’s calendar—the parties have been unable to agree on how best to resolve the issue. Therefore, the court finds and rules as follows:

1. As Mr. Zelig concedes, Plaintiff has offered to narrow its complaint against Warne. However, without a written stipulation addressing and affecting the currently operative complaint (i.e., the FAC), and short of Plaintiff’s seeking leave to amend, Warne’s demurrer to the existing FAC is still required because Plaintiff’s FAC against Warne is still not at issue.

2. Because of a change in the law of the case (i.e., reversal on appeal of the court’s prior order dismissing Warne), Warne’s motion for reconsideration of the court’s ruling of 8/10/17 taking Warne’s demurrer off-calendar as moot is GRANTED. The demurrer is ordered heard on the papers as filed for the hearing on 8/8/17. Such an order is not “draconian,” as Plaintiff argues, because the FAC remains as the operative pleading and the demurrer was fully briefed based on that pleading. If Plaintiff feels a need to amend its opposition, that issue is not before this court. However, in the court’s view, the hearing on the original demurrer would be a waste of resources for everyone concerned given Plaintiff’s stated intention to limit his claims. Nevertheless, short of the parties’ stipulating to have Plaintiff limit his claims against Warne in some manner, Plaintiff’s operative complaint remains and Warne is entitled to be heard on his demurrer at this time.

3. The court re-sets Warne’s demurrer (filed in error at that time in Case no.BC593925 on 6/30/17) for 6/11/21 in Dept. 73 with no further briefing unless permitted by the court. Moving party shall lodge courtesy copies of all moving, opposing, and reply papers no later than five court days before the hearing.

4. Sanctions are denied.

Notice of ruling by moving party.

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