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This case was last updated from Los Angeles County Superior Courts on 06/10/2019 at 22:24:10 (UTC).

DIANA IRIARTE VS CHAD WEAVER ET AL

Case Summary

On 05/05/2016 DIANA IRIARTE filed a Personal Injury - Motor Vehicle lawsuit against CHAD WEAVER. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are YOLANDA OROZCO, HOLLY J. FUJIE and LAURA A. SEIGLE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9310

  • Filing Date:

    05/05/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

YOLANDA OROZCO

HOLLY J. FUJIE

LAURA A. SEIGLE

 

Party Details

Plaintiff and Petitioner

IRIARTE DIANA

Defendants and Respondents

DALE JESSIE

WEAVER CHAD

DOES 1 TO 100

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

CELLINO & BARNES L.C.

PREVIANT LEE WILLIAM

Defendant and Respondent Attorneys

WOOD CARY L. ESQ

BRISCOE J. JACKSON ESQ.

BRISCOE JOSEPH JACKSON IV

WOOD CARY LINN ESQ

 

Court Documents

COMPLAINT FOR DAMAGES 1. NEGLIGENCE; ETC

5/5/2016: COMPLAINT FOR DAMAGES 1. NEGLIGENCE; ETC

Proof of Service

8/9/2018: Proof of Service

NOTICE 0F RULING REGARDING DEFENDANT, JESSIE DALE'S EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL RELATED DATES

8/17/2018: NOTICE 0F RULING REGARDING DEFENDANT, JESSIE DALE'S EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL RELATED DATES

Minute Order

9/28/2018: Minute Order

Substitution of Attorney

1/29/2019: Substitution of Attorney

Ex Parte Application

3/22/2019: Ex Parte Application

Motion in Limine

5/20/2019: Motion in Limine

Motion in Limine

5/20/2019: Motion in Limine

Motion in Limine

5/20/2019: Motion in Limine

Motion in Limine

5/20/2019: Motion in Limine

Statement of the Case

6/3/2019: Statement of the Case

Reply

6/6/2019: Reply

Motion in Limine

6/7/2019: Motion in Limine

EX PARTE APPLICATION BY DEFENDANT, CHAD WEAVER, TO CONTINUE TRIAL DATE AND ALL RELATED CUT-OFF DATES; ETC.

1/11/2018: EX PARTE APPLICATION BY DEFENDANT, CHAD WEAVER, TO CONTINUE TRIAL DATE AND ALL RELATED CUT-OFF DATES; ETC.

DEFENDANT JESSIE DALES NOTICE OF MOTION FOR ORDER FOR LEAVE TO TAKE SUBSEQUENT DEPOSITION OF PLAINTIFF DIANA IRIARTE;AND ETC.

4/3/2018: DEFENDANT JESSIE DALES NOTICE OF MOTION FOR ORDER FOR LEAVE TO TAKE SUBSEQUENT DEPOSITION OF PLAINTIFF DIANA IRIARTE;AND ETC.

PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT JESSIE DALES'S MOTION FOR ORDER FOR LEAVE TO TAKE SUBSEQUENT DEPOSITION OF PLAINTIFF, DIANA IRIARTE; DECLARATION OF LEE W. P

4/13/2018: PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT JESSIE DALES'S MOTION FOR ORDER FOR LEAVE TO TAKE SUBSEQUENT DEPOSITION OF PLAINTIFF, DIANA IRIARTE; DECLARATION OF LEE W. P

DEFENDANTS CHAD WEAVER AND JESSIE DALE'S ANSWER TO FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL

9/20/2016: DEFENDANTS CHAD WEAVER AND JESSIE DALE'S ANSWER TO FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL

DEFENDANTS' NOTICE OF POSTING JURY FEES

5/17/2017: DEFENDANTS' NOTICE OF POSTING JURY FEES

60 More Documents Available

 

Docket Entries

  • 06/07/2019
  • Motion in Limine (NO 15 TO EXCLUDE EVIDENCE OF SPECULATIVE DAMAGES); Filed by Chad Weaver (Defendant)

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  • 06/06/2019
  • Reply (Reply to Plaintiff's Opposition to Motion in Limine No. 1 to Exclude Testimony, Evidence and References of Liability Insurance); Filed by Chad Weaver (Defendant)

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  • 06/05/2019
  • Reply ( to Plaitiff's Opposition to Defendant's Motion in Limine No. 6 to Preclude Plaintiff's Counsel Use of Irrelevant and Prejudicial Evidence or Argument at Trial Regarding the "Reptile Theory"); Filed by Chad Weaver (Defendant)

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  • 06/05/2019
  • Reply ( to Plaintiff's Opposition to Motion in Limine No. 8 to Limit All Expert Opinions and Testimony to Those Matters Disclosed in Their Expert Witness Designations); Filed by Chad Weaver (Defendant)

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  • 06/03/2019
  • Statement of the Case; Filed by Diana Iriarte (Plaintiff)

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  • 06/03/2019
  • Jury Instructions; Filed by Diana Iriarte (Plaintiff)

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  • 06/03/2019
  • Exhibit List; Filed by Diana Iriarte (Plaintiff)

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  • 05/29/2019
  • at 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Held

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  • 05/29/2019
  • Minute Order ( (Final Status Conference)); Filed by Clerk

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  • 05/28/2019
  • Opposition (to Defendant's Motion of Limine No. 8); Filed by Diana Iriarte (Plaintiff)

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106 More Docket Entries
  • 09/10/2016
  • Receipt; Filed by Chad Weaver (Defendant); Jessie Dale (Defendant)

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  • 07/07/2016
  • PLAINTIFF S FIRST AMENDED COMPLAINT FOR DAMAGES

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  • 07/07/2016
  • First Amended Complaint; Filed by Diana Iriarte (Plaintiff)

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  • 06/08/2016
  • PROOF OF SERVICE SUMMONS

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  • 06/08/2016
  • Proof-Service/Summons; Filed by Diana Iriarte (Plaintiff)

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  • 05/26/2016
  • PROOF OF SERVICE SUMMONS

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  • 05/26/2016
  • Proof-Service/Summons; Filed by Diana Iriarte (Plaintiff)

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  • 05/05/2016
  • COMPLAINT FOR DAMAGES 1. NEGLIGENCE; ETC

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  • 05/05/2016
  • SUMMONS

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  • 05/05/2016
  • Complaint; Filed by Diana Iriarte (Plaintiff)

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Tentative Rulings

Case Number: BC619310    Hearing Date: August 03, 2020    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

DIANE IRIARTE,

Plaintiff(s),

vs.

CHAD WEAVER, et al.,

Defendant(s).

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.: BC619310

[TENTATIVE] ORDER RE: MOTION TO COMPEL PARTIAL SATISFACTION OF JUDGMENT

Dept. 27

1:30 p.m.

XXX

On September 6, 2019, the Court entered judgment in favor of Plaintiff and Judgment Creditor Diane Iriarte (“Judgment Creditor”) in the amount of $365,000.  On October 31, 2019, Defendant and Judgment Debtor Chad Weaver (“Judgment Debtor”) tendered $100,000 in combined checks to Judgment Creditor, which is the total amount of the applicable policy limits. (Declaration of Cary L. Wood, ¶ 2, Ex. B.)  On January 15, 2020, Judgment Debtor’s counsel sent an email to Judgment Creditor’s counsel demanding Judgment Creditor execute an acknowledgement of partial satisfaction of judgment. Id., Ex. C.) Judgment Creditor did not comply with Judgment Debtor’s demand.  Defendant filed this Motion for an order compelling acknowledgement of partial satisfaction of judgment. The Motion is unopposed.  

The judgment debtor or owner of real or personal property subject to a judgment lien created under a money judgment may serve (personally or by mail) a demand on the judgment creditor's attorney of record that the creditor execute and deliver an acknowledgment of partial satisfaction of the judgment. If the judgment has been partially satisfied, the creditor must comply with the demand within 15 days after actual receipt. (Code Civ. Proc. § 724.110, subd. (a).) Should the judgment creditor fail to comply with the demand within 15 days after receipt, the demanding party may file and serve a noticed motion for a court order requiring the creditor to comply. (Code Civ. Proc. § 724.110, subd. (b).) 

“Payment,” for judgment satisfaction purposes, can be completed either by the tender of cash or the tender and acceptance of a certified check or similar instrument.  (Wertheim, LLC v. Currency Corp.¿(2019) 35 Cal.App.5th 1124, 1132.) The Motion to deem the judgment partially satisfied is granted and Judgment Creditor is ordered to file a Partial Satisfaction of Judgment in the sum of $100,000.  

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  

Dated this 3rd day of August 2020

Hon. Edward B. Moreton, Jr. 

Judge of the Superior Court