This case was last updated from Los Angeles County Superior Courts on 07/29/2021 at 13:20:55 (UTC).

DAENERY JIMENEZ VS 1170 WEST 36TH PLACE HOLDINGS LLC ET AL

Case Summary

On 01/14/2016 DAENERY JIMENEZ filed a Personal Injury - Other Personal Injury lawsuit against 1170 WEST 36TH PLACE HOLDINGS LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are CHRISTOPHER K. LUI and DANIEL M. CROWLEY. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7131

  • Filing Date:

    01/14/2016

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

CHRISTOPHER K. LUI

DANIEL M. CROWLEY

 

Party Details

Guardian Ad Litem and Plaintiff

RAMIREZ ARACELI

Defendants, Respondents and Cross Plaintiffs

JRM CONSTRUCTION COMPANY

1170 WEST 36TH PLACE HOLDINGS LLC

SOUTHLAND MANAGEMENT COMPANY LLC

SOUTHLAND DEVELOPMENT COMPANY INC.

DOES 1-50

JRM GENERAL CONSTRUCTION INC.

1180 WEST 36TH PLACE HOLDINGS LLC-DOE 1

MONTOYA JOSE

EDC RESIDENTIAL INC.

ELLIOTT DRINKWARD CONSTRUCTION INC.-DOE 2

HERNANDEZ RICARDO DOE 3

1180 WEST 36TH PLACE HOLDINGS LLC[DOE 1]

ELLIOT DRINKWARD CONSTRUCTION INC.[DOE 2]

HERNANDEZ[DOE 3] RICARDO

Respondents, Defendants and Cross Plaintiffs

1170 WEST 36TH PLACE HOLDINGS LLC

SOUTHLAND MANAGEMENT COMPANY LLC

SOUTHLAND DEVELOPMENT COMPANY INC.

1180 WEST 36TH PLACE HOLDINGS LLC[DOE 1]

Respondents, Defendants and Cross Defendants

JRM GENERAL CONSTRUCTION INC.

MONTOYA JOSE

HERNANDEZ RICARDO

EDC RESIDENTIAL INC.

ELLIOTT DRINKWARD CONSTRUCTION INC.

ELLIOT DRINKWARD CONSTRUCTION INC.[DOE 2]

HERNANDEZ[DOE 3] RICARDO

Minor

JIMENEZ DAENERY

Not Classified By Court

DEPARTMENT OF INDUSTRIAL RELATIONS

Attorney/Law Firm Details

Plaintiff Attorney

GARCIA DAVID BRYAN

Respondent and Defendant Attorneys

STEINBERG JODY ESQ.

HANGER STEINBERG SHAPIRO & ASH ALC

HARRINGTON FOXX DUBROW & CANTER LLP

EARLEY DEREK A

Cross Plaintiff Attorney

WALLS NICHOLAS STEVEN

Cross Defendant Attorneys

JACOBS DANIEL ROSS

WILSON DENNIS PATRICK

Minor Attorney

KIESEL LAW LLP

Not Classified By Court Attorney

LINZAN DORA M

 

Court Documents

Minute Order -

2/20/2018: Minute Order -

NOTICE OF RULING

2/28/2018: NOTICE OF RULING

Minute Order -

4/23/2018: Minute Order -

Notice of Settlement

8/6/2019: Notice of Settlement

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE NOTICE OF SETTLEMENT) OF 08/06/2019

8/6/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE NOTICE OF SETTLEMENT) OF 08/06/2019

Minute Order - MINUTE ORDER (COURT ORDER RE NOTICE OF SETTLEMENT)

8/6/2019: Minute Order - MINUTE ORDER (COURT ORDER RE NOTICE OF SETTLEMENT)

Application - APPLICATION FOR LIEN

9/9/2019: Application - APPLICATION FOR LIEN

Declaration - DECLARATION DECLARATION OF D. BRYAN GARCIA ISO CONTINUING THE OSC RE DISMISSAL

12/12/2019: Declaration - DECLARATION DECLARATION OF D. BRYAN GARCIA ISO CONTINUING THE OSC RE DISMISSAL

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT) (CONDITIONAL))

12/20/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT) (CONDITIONAL))

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 03/18/2020

3/18/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 03/18/2020

Minute Order - MINUTE ORDER (COURT ORDER)

3/18/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Notice - NOTICE NOTICE OF CONTINUANCE OF ORDER TO SHOW CAUSE RE SETTLEMENT

3/25/2020: Notice - NOTICE NOTICE OF CONTINUANCE OF ORDER TO SHOW CAUSE RE SETTLEMENT

Substitution of Attorney

5/14/2020: Substitution of Attorney

Declaration - DECLARATION DECLARATION OF ASHLEY M. CONLOGUE IN SUPPORT OF CONTINUING THE OSC RE DISMISSAL

7/15/2020: Declaration - DECLARATION DECLARATION OF ASHLEY M. CONLOGUE IN SUPPORT OF CONTINUING THE OSC RE DISMISSAL

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT) (CONDITIONAL))

7/17/2020: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT) (CONDITIONAL))

Notice of Continuance - NOTICE NOTICE OF CONTINUANCE OF ORDER TO SHOW CAUSE RE DISMISSAL (SETTLEMENT)

8/4/2020: Notice of Continuance - NOTICE NOTICE OF CONTINUANCE OF ORDER TO SHOW CAUSE RE DISMISSAL (SETTLEMENT)

Petition to Approve Compromise of Disputed Claim

9/23/2020: Petition to Approve Compromise of Disputed Claim

Ex Parte Application - EX PARTE APPLICATION TO ADVANCE HEARING ON MINOR'S COMPROMISE

9/30/2020: Ex Parte Application - EX PARTE APPLICATION TO ADVANCE HEARING ON MINOR'S COMPROMISE

108 More Documents Available

 

Docket Entries

  • 03/22/2021
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Order to Show Cause Re: Dismissal (Settlement) ((Conditional)) - Held

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  • 03/22/2021
  • DocketCertificate of Mailing for ((Order to Show Cause Re: Dismissal (Settlement) (Conditional)) of 03/22/2021); Filed by Clerk

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  • 03/22/2021
  • DocketMinute Order ( (Order to Show Cause Re: Dismissal (Settlement) (Conditional))); Filed by Clerk

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  • 03/01/2021
  • DocketRequest for Dismissal; Filed by Daenery Jimenez (Plaintiff); Araceli Ramirez (Plaintiff)

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  • 02/11/2021
  • DocketNotice (Notice of Continuance of Order to Show Cause Re Dismissal (Settlement)); Filed by Daenery Jimenez (Plaintiff); Araceli Ramirez (Plaintiff)

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  • 02/10/2021
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Order to Show Cause Re: Dismissal (Settlement) ((Conditional)) - Held - Continued

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  • 02/10/2021
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Non-Jury Trial - Held

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  • 02/10/2021
  • DocketMinute Order ( (Non-Jury Trial; Order to Show Cause Re: Dismissal (Settlement...)); Filed by Clerk

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  • 02/03/2021
  • DocketRequest for Dismissal; Filed by Daenery Jimenez (Plaintiff)

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  • 01/28/2021
  • DocketNotice of Ruling; Filed by Daenery Jimenez (Plaintiff)

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198 More Docket Entries
  • 02/19/2016
  • DocketPROOF OF SERVICE SUMMONS

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  • 02/01/2016
  • DocketAmendment to Complaint; Filed by Daenery Jimenez (Plaintiff)

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  • 02/01/2016
  • DocketAMENDMENT TO COMPLAINT

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  • 01/22/2016
  • DocketSummons Issued; Filed by Clerk

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  • 01/22/2016
  • DocketSummons; Filed by Clerk

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  • 01/19/2016
  • DocketOrd Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 01/14/2016
  • DocketComplaint; Filed by null

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  • 01/14/2016
  • DocketDECLARATION OF SUCCESSOR-ININTEREST RE: ERICK JOSUE JIMENEZ-GARCIA

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  • 01/14/2016
  • DocketCOMPLAINT FOR WRONGFUL DEATH 1. NEGLIGENCE; ETC

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  • 01/14/2016
  • DocketApplication ; Filed by Plaintiff/Petitioner

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Tentative Rulings

Case Number: BC607131    Hearing Date: December 14, 2020    Dept: 28

Motion to be Relieved as Counsel

Having considered the moving papers, the Court rules as follows. No opposing papers have been filed.

BACKGROUND

On January 14, 2016, Plaintiff Daenery Jimenez and Araceli Ramirez filed a complaint against Defendants 1170 West 36th Place Holdings LLC, Southland Development Company, Inc., Southland Management Company, LLC, and JRM Construction Company.  The plaintiffs allege negligence, negligence per se, and negligent hiring in the complaint arising from an electrocution that killed decedent Erick Josue Jimenez-Garcia.

On October 3, 2016, the plaintiffs filed an amendment to their complaint to rename Doe 1 as Defendant 1180 West 36th Place Holdings LLC.

On November 13, 2020, Jody Steinberg, Esq., filed a motion to be relieved as counsel for Defendants 1170 West 36th Place Holdings LLC, 1180 West 36th Place Holdings LLC, Southland Development Co., and Southland Management Co. pursuant to California Rules of Court rule 3.1362.

An Order to Show Cause Re: Dismissal (Settlement) (Conditional) is set for December 18, 2020.

PARTYS REQUEST

Jody Steinberg, Esq. asks the Court to relieve her as counsel for Defendants 1170 West 36th Place Holdings LLC, 1180 West 36th Place Holdings LLC, Southland Development Co., and Southland Management Co. because an irremediable breakdown in the attorney-client relationship has arisen.

LEGAL STANDARD

California Rules of Court, rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorneys Motion to Be Relieved as Counsel—Civil form (MC-053)).

The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice.  (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)

DISCUSSION

Jody Steinberg, Esq. has filed completed MC-051, MC-052, and MC-053 forms.  These forms have been served on all parties on November 13, 2020 by U.S. mailJody Steinberg, Esq. declares an irremediable breakdown in the attorney-client relationship has arisen such that effective representation cannot be carried out.

The Court finds the motion is properly granted.  There is no suggestion that granting the motion would prejudice Defendants 1170 West 36th Place Holdings LLC, 1180 West 36th Place Holdings LLC, Southland Development Co., or Southland Management Co. There is also no suggestion that granting the motion would disrupt the orderly process of justice.

CONCLUSION

The motion is GRANTED.

Jody Steinberg, Esq. is relieved as counsel for Defendants 1170 West 36th Place Holdings LLC, 1180 West 36th Place Holdings LLC, Southland Development Co., or Southland Management Co. effective upon the filing of the proof of service of Order Granting Attorney’s Motion to be Relieved as Counsel—Civil form MC—053.

Jody Steinberg, Esq. is ordered to give notice of this ruling.

Jody Steinberg, Esq. is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.

Case Number: BC607131    Hearing Date: October 08, 2020    Dept: 28

Petition to Approve Minors Compromise

Having considered the petitioning papers, the Court rules as follows.  No opposing papers were filed.

BACKGROUND

On January 14, 2016, Plaintiff Daenery Jimenez and Araceli Ramirez filed a complaint against Defendants 1170 West 36th Place Holdings LLC, Southland Development Company, Inc., Southland Management Company, LLC, and JRM Construction Company.  The plaintiffs allege negligence, negligence per se, and negligent hiring in the complaint arising from an electrocution that killed decedent Erick Josue Jimenez-Garcia.

On February 1, 2016, the plaintiffs filed an amendment to their complaint to rename Defendant JRM Construction Company as JRM General Construction, Inc.

On May 19, 2016, Defendants/Cross-Complainants 1170 West 36th Place Holdings LLC, Southland Development Company, Inc., Southland Management Company, LLC filed a cross-complaint against Defendant/Cross-Defendant JRM General Construction, Inc. and Cross-Defendants Elliott Drinkward Construction, Inc., Ricardo Hernandez, and Jose Montoya.  The cross-complaint includes causes of action for breach of contract and prays for implied equitable indemnity, comparative contribution, and declaratory relief.

On June 8, 2016, Defendants/Cross-Complainants 1170 West 36th Place Holdings LLC, Southland Development Company, Inc., Southland Management Company, LLC filed a first amended cross-complaint.

On August 10, 2016, the Court entered default against Defendant/Cross-Defendant JRM General Construction, Inc. in relation to the plaintiffs’ complaint.

On September 15, 2016, the Court entered default against Cross-Defendant Jose Montoya and Defendant/Cross-Defendant JRM General Construction, Inc. in relation to Defendants/Cross-Complainants 1170 West 36th Place Holdings LLC’s, Southland Development Company, Inc.’s, Southland Management Company, LLC’s first amended cross-complaint.

On October 3, 2016, the plaintiffs filed an amendment to their complaint to rename Doe 1 as Defendant 1180 West 36th Place Holdings LLC and Doe 2 as Cross-Defendant/Defendant Elliot Drinkward Construction, Inc.

On December 5, 2016, Defendant/Cross-Complainant 1180 West 36th Place Holdings LLC filed a cross-complaint against Defendant/Cross-Defendant JRM General Construction, Inc. and Cross-Defendants/Defendant Elliott Drinkward Construction, Inc. and Cross-Defendants EDC Residential, Inc., Ricardo Hernandez, and Jose MontoyaThe cross-complaint includes causes of action for breach of contract and prays for implied equitable indemnity, comparative contribution, and declaratory relief.

On July 25, 2018, the plaintiffs filed an amendment to their complaint to rename Doe 3 as Cross-Defendant/Defendant Ricardo Hernandez.

On September 23, 2020, Petitioner Araceli Ramirez filed a petition to approve a compromise of pending action for Claimant Daenery Jimenez.

On October 2, 2020, the Court advanced the hearing on Petitioner Araceli Ramirez’s petition to approve a compromise of pending action to October 8, 2020.

An Order to Show Cause Re: Dismissal (Settlement) (Conditional) is schedule for October 19, 2020.

PARTY’S REQUESTS

Petitioner Araceli Ramirez (“Peitioner”) asks the Court to approve a compromise of pending action for Claimant Daenery Jimenez (“Claimant”).

LEGAL STANDARD

Pursuant to California Rules of Court, Rule 7.952(a), Petitioner and Claimant are typically required to attend the hearing on the petition. Petitioner and Claimant are not required to appear at the hearing based on Claimant’s age and the settlement amount.

DISCUSSION

The Court finds the petition cannot be granted.  Paragraph 14b states $8,828.66 of Claimant’s $350,000.00 gross settlement is to be paid for costs.  However, the documents included in Attachment 14b show the costs incurred calculate to $8,842.31.  Approving the petition may result in a $13.65 unaccounted for lien.  As such, the Court must deny the petition.

CONCLUSION

The petition is DENIED.

Petitioner is ordered to give notice of this ruling.

The parties are directed to the header of this tentative ruling for further instructions.

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