This case was last updated from Los Angeles County Superior Courts on 05/25/2019 at 13:36:28 (UTC).

DR DARLENE VALIQUETTE VS BELLFLOWER UNIFIED SCHOOL DISTRICT

Case Summary

On 09/23/2016 DR DARLENE VALIQUETTE filed a Personal Injury - Other Personal Injury lawsuit against BELLFLOWER UNIFIED SCHOOL DISTRICT. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is CHRISTOPHER K. LUI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5238

  • Filing Date:

    09/23/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

CHRISTOPHER K. LUI

 

Party Details

Plaintiff

VALIQUETTE DR. DARLENE

Defendant

BELLFLOWER UNIFIED SCHOOL DISTRICT

Attorney/Law Firm Details

Plaintiff Attorney

ORLOFF PAUL MARTIN

Defendant Attorney

ROCHE ROBERT JAMES

 

Court Documents

NOTICE OF MOTION AND MOTION FOR ORDER TO VACATE AND SET ASIDE DISMISSAL;AND ETC.

4/4/2018: NOTICE OF MOTION AND MOTION FOR ORDER TO VACATE AND SET ASIDE DISMISSAL;AND ETC.

DECLARATION OF PAUL ORLOFF SUPPORTING PLAINTIFFS MOTION FOR ORDER TO VACATE AND SET ASIDE DISMISSAL

4/4/2018: DECLARATION OF PAUL ORLOFF SUPPORTING PLAINTIFFS MOTION FOR ORDER TO VACATE AND SET ASIDE DISMISSAL

Minute Order

5/10/2018: Minute Order

NOTICE OF RULING

5/18/2018: NOTICE OF RULING

DECLARATION OF MARCY DELGADO, ASSOCIATE SUPERINTENDENT, BELLFLOWER UNIFIED SCHOOL DISTRICT IN SUPPORT OF OPPOSITION TO MOTION TO VACATE AND SET ASIDE DISMISSAL

5/31/2018: DECLARATION OF MARCY DELGADO, ASSOCIATE SUPERINTENDENT, BELLFLOWER UNIFIED SCHOOL DISTRICT IN SUPPORT OF OPPOSITION TO MOTION TO VACATE AND SET ASIDE DISMISSAL

Minute Order

6/11/2018: Minute Order

DECLARATION OF GARY HANSEN REGARDING SERVICE UPON BELLFLOWER UNIFIED SCHOOL DISTRICT

9/26/2018: DECLARATION OF GARY HANSEN REGARDING SERVICE UPON BELLFLOWER UNIFIED SCHOOL DISTRICT

Proof of Service

10/1/2018: Proof of Service

Notice of Ruling

10/11/2018: Notice of Ruling

Declaration

10/29/2018: Declaration

Reply

12/14/2018: Reply

Request for Judicial Notice

12/14/2018: Request for Judicial Notice

Minute Order

12/21/2018: Minute Order

Unknown

12/24/2018: Unknown

Order

12/24/2018: Order

Minute Order

1/8/2019: Minute Order

Demurrer

3/19/2019: Demurrer

Motion to Strike (not initial pleading)

3/19/2019: Motion to Strike (not initial pleading)

28 More Documents Available

 

Docket Entries

  • 05/02/2019
  • Notice (NOTICE OF CHANGE OF HEARING DATE FOR BELLFLOWER UNIFIED SCHOOL DISTRICT'S DEMURRER AND MOTION TO STRIKE); Filed by Bellflower Unified School District (Defendant)

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  • 03/25/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Trial Setting Conference - Not Held - Continued - Party's Motion

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  • 03/25/2019
  • Minute Order ( (Trial Setting Conference)); Filed by Clerk

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  • 03/19/2019
  • Bellflower Unified School District's Notice of Motion and Motion to Strike Portions of Plaintiff's First Amended Complaint; Filed by Bellflower Unified School District (Defendant)

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  • 03/19/2019
  • Bellflower Unified School District's Request for Judicial Notice in Support of Motion to Strike Portions of the First Amended Complaint; Filed by Bellflower Unified School District (Defendant)

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  • 03/19/2019
  • DECLARATION OF ROBERT J. ROCHE IN SUPPORT OF MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT; Filed by Bellflower Unified School District (Defendant)

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  • 03/19/2019
  • Demurrer - without Motion to Strike; Filed by Bellflower Unified School District (Defendant)

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  • 03/19/2019
  • Declaration (DECLARATION OF ROBERT J. ROCHE IN SUPPORT OF DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT); Filed by Bellflower Unified School District (Defendant)

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  • 03/19/2019
  • Request for Judicial Notice; Filed by Bellflower Unified School District (Defendant)

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  • 01/18/2019
  • Complaint (1st); Filed by Dr. Darlene Valiquette (Plaintiff)

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49 More Docket Entries
  • 04/04/2018
  • Declaration; Filed by Dr. Darlene Valiquette (Plaintiff)

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  • 03/23/2018
  • at 08:30 AM in Department 93; Jury Trial (Jury Trial; Order of Dismissal) -

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  • 03/23/2018
  • Minute order entered: 2018-03-23 00:00:00; Filed by Clerk

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  • 03/23/2018
  • Minute Order

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  • 03/09/2018
  • at 10:00 AM in Department 93; Final Status Conference (Final Status Conference; Off Calendar) -

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  • 03/09/2018
  • Minute order entered: 2018-03-09 00:00:00; Filed by Clerk

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  • 03/09/2018
  • Minute Order

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  • 09/23/2016
  • SUMMONS

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  • 09/23/2016
  • COMPLAINT FOR PERSONAL INJURIES BASED UPON 1. PREMISES LIABILITY; ETC

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  • 09/23/2016
  • Complaint; Filed by Dr. Darlene Valiquette (Plaintiff)

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Tentative Rulings

Case Number: BC635238    Hearing Date: October 31, 2019    Dept: 4A

Motion for Judgment of Dismissal Pursuant to Code of Civil Procedure Section 581(f)(1)

Having considered the moving papers, the Court rules as follows. No opposition was filed.

BACKGROUND

On September 23, 2016, Plaintiff Dr. Darlene Valiquette (“Plaintiff”) filed a complaint against Defendant Bellflower Unified School District (“Defendant”) alleging premises liability, negligent hiring, training and supervision, and general negligence for a trip-and-fall from stampeding children that occurred on September 2, 2015.

On December 21, 2018, the Court sustained Defendant’s demurrer to the premises liability, negligent hiring, training and supervision causes of action without leave to amend and to the general negligence cause of action with leave to amend.

On January 18, 2019, Plaintiff filed a First Amended Complaint (“FAC”) alleging negligence for the same trip-and-fall incident that was the basis for Plaintiff’s initial complaint.

On July 9, 2019, the Court sustained Defendant’s demurrer to the FAC without leave to amend.

Defendant filed the unopposed motion for judgment of dismissal on September 10, 2019.

PARTY’S REQUEST

Defendant Bellflower Unified School District moves for an entry of judgment in its favor and against Plaintiff on the FAC, pursuant to Code of Civil Procedure Section 581, subdivision (f). Defendant asks to be declared the prevailing party and awarded its costs of suit.

LEGAL STANDARD

Code of Civil Procedure section 581, subdivision (f), states, in relevant part, that “[t]he court may dismiss the complaint when . . . after a demurrer to the complaint is sustained without leave to amend and either party moves for dismissal.” (Code Civ. Proc. § 581, subdivision (f)(1).)

DISCUSSION

Here, on July 9, 2019, the court sustained Defendant’s demurrer to Plaintiff’s FAC’s sole remaining negligence cause of action without leave to amend. The Court has discretion to dismiss Defendant pursuant to Code of Civil Procedure section 581, subdivision (f)(1) as Defendant moves for dismissal. Because Defendant has secured a dismissal of the action against it, Defendant is a prevailing party entitled to costs according to proof under Code of Civil Procedure section 1032(a)(4).

Accordingly, the motion for a judgment of dismissal is GRANTED pursuant to Code of Civil Procedure section 581, subdivision (f)(1). The Court will enter the proposed Judgment submitted by Defendant. To secure an award of costs, Defendant must file and serve a memorandum of costs as required under California Rules of Court, Rule 3.1700(a).

Defendant is ordered to give notice of the Court’s ruling.