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This case was last updated from Los Angeles County Superior Courts on 01/20/2021 at 12:02:40 (UTC).

GUY HART VS SUMANT PATEL

Case Summary

On 08/29/2013 GUY HART filed a Personal Injury - Motor Vehicle lawsuit against SUMANT PATEL. This case was filed in Los Angeles County Superior Courts, Van Nuys Courthouse East located in Los Angeles, California. The Judges overseeing this case are BENNY C. OSORIO, TERESA A. BEAUDET, VIRGINIA KEENY and PAUL A. BACIGALUPO. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9868

  • Filing Date:

    08/29/2013

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Van Nuys Courthouse East

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

BENNY C. OSORIO

TERESA A. BEAUDET

VIRGINIA KEENY

PAUL A. BACIGALUPO

 

Party Details

Plaintiff and Petitioner

HART GUY

Defendants and Respondents

DOES 1-20

PATEL SUMANT

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

GLICKMAN & GLICKMAN

NEHORAY MAC E. ESQ.

Defendant and Respondent Attorneys

BLANKSTEIN JOEL ESQ.

RAFFALOW RHOADS & BRETOI

HUMPHREY CRAIG

RAFFALOW BRETOI & ADAMS

 

Court Documents

Legacy Document - STIPULATION, RECEIPT AND ORDER RE RELEASE OF CIVIL EXHIBITS

11/3/2016: Legacy Document - STIPULATION, RECEIPT AND ORDER RE RELEASE OF CIVIL EXHIBITS

Legacy Document - JURY REQUEST OR QUESTION

11/3/2016: Legacy Document - JURY REQUEST OR QUESTION

Notice of Entry of Judgment

3/15/2017: Notice of Entry of Judgment

Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER CORRECT CLERICAL ERROR)

12/6/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER CORRECT CLERICAL ERROR)

Motion to Amend Judgment

11/3/2020: Motion to Amend Judgment

Minute Order - MINUTE ORDER (HEARING ON MOTION TO AMEND JUDGMENT)

12/2/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO AMEND JUDGMENT)

SUMMONS -

8/29/2013: SUMMONS -

NOTICE OF CONTINUANCE REGARDING EX PARTE APPLICATION FOR ORDER AUTHORIZING REAL PARTY IN INTEREST, SAM S. LESLIE, TO SUBSTITUTE IN AS PLAINTIFF AND ETC

6/9/2015: NOTICE OF CONTINUANCE REGARDING EX PARTE APPLICATION FOR ORDER AUTHORIZING REAL PARTY IN INTEREST, SAM S. LESLIE, TO SUBSTITUTE IN AS PLAINTIFF AND ETC

NOTICE OF CONTINUANCE OF FINAL STATUS CONFERENCE AND TRIAL

11/10/2015: NOTICE OF CONTINUANCE OF FINAL STATUS CONFERENCE AND TRIAL

JOINT LIST OF EXHIBITS

3/15/2016: JOINT LIST OF EXHIBITS

JOINT STATEMENT OF FACTS

3/15/2016: JOINT STATEMENT OF FACTS

EX PARTE APPLICATION TO CONTINUE F.S.C. & TRIAL; DECLARATION OF MAC E. NEHORAY; MEMORANDUM OF POINTS AND AUTHORITIES.

8/17/2016: EX PARTE APPLICATION TO CONTINUE F.S.C. & TRIAL; DECLARATION OF MAC E. NEHORAY; MEMORANDUM OF POINTS AND AUTHORITIES.

DEFENDANT'S MOTION IN LIMINE #1 TO EXCLUDE DOCUMENTS NOT PRODUCED IN DISCOVERY

9/13/2016: DEFENDANT'S MOTION IN LIMINE #1 TO EXCLUDE DOCUMENTS NOT PRODUCED IN DISCOVERY

Minute Order -

9/22/2016: Minute Order -

SUPPLEMENTAL JOINT EXHIBIT LIST

9/22/2016: SUPPLEMENTAL JOINT EXHIBIT LIST

OPPOSITION TO DEFENDANT'S MOTION IN LIMINE #2 TO EXCLUDE PLAINTIFF'S TREATING PHYSICIAN/NON-RETAINED EXPERT AND HIS REPORTS

9/23/2016: OPPOSITION TO DEFENDANT'S MOTION IN LIMINE #2 TO EXCLUDE PLAINTIFF'S TREATING PHYSICIAN/NON-RETAINED EXPERT AND HIS REPORTS

OPPOSITION TO DEFENDANT'S MOTION IN LIMINE #1 TO EXCLUDE DOCUMENTS NOT PRODUCED IN DISCOVERY

9/23/2016: OPPOSITION TO DEFENDANT'S MOTION IN LIMINE #1 TO EXCLUDE DOCUMENTS NOT PRODUCED IN DISCOVERY

NOTICE OF CHANGE OF HANDLING ATTORNEY

9/30/2016: NOTICE OF CHANGE OF HANDLING ATTORNEY

47 More Documents Available

 

Docket Entries

  • 12/14/2020
  • DocketSubstitution of Attorney; Filed by GUY HART (Plaintiff)

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  • 12/09/2020
  • Docketat 08:30 AM in Department W, Virginia Keeny, Presiding; Hearing on Motion - Other (Correct Clerical Error)

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  • 12/04/2020
  • Docketat 08:30 AM in Department W, Virginia Keeny, Presiding; Hearing on Motion - Other (Correct Clerical Error) - Not Held - Rescheduled by Court

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  • 12/02/2020
  • Docketat 08:30 AM in Department W, Virginia Keeny, Presiding; Hearing on Motion to Amend Judgment - Held

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  • 12/02/2020
  • DocketMinute Order ( (Hearing on Motion to Amend Judgment)); Filed by Clerk

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  • 11/03/2020
  • DocketMotion to Amend Judgment; Filed by GUY HART (Plaintiff)

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  • 03/16/2020
  • Docketat 08:30 AM in Department W, Virginia Keeny, Presiding; Hearing on Motion to Amend Judgment

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  • 01/07/2020
  • Docketat 08:30 AM in Department W, Virginia Keeny, Presiding; Hearing on Motion - Other (Correct Clerical Error) - Not Held - Clerical Error

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  • 12/06/2019
  • Docketat 08:30 AM in Department W, Virginia Keeny, Presiding; Hearing on Motion - Other (Correct Clerical Error) - Not Held - Continued - Court's Motion

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  • 12/06/2019
  • Docketat 08:30 AM in Department B, Paul A. Bacigalupo, Presiding; Hearing on Motion - Other (Correct Clerical Error) - Not Held - Taken Off Calendar by Court

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172 More Docket Entries
  • 11/13/2013
  • DocketDemand for Jury Trial; Filed by Defendant/Respondent

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  • 11/13/2013
  • DocketDEMAND FOR JURY TRIAL

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  • 10/23/2013
  • DocketProof-Service/Summons; Filed by Attorney for Plaintiff/Petitioner

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  • 10/23/2013
  • DocketProof-Service/Summons; Filed by Plaintiff/Petitioner

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  • 10/23/2013
  • DocketPROOF OF SERVICE ON SUMANT PATEL; DECLARATION RE DUE DILIGENCE; PROOF OF SERVICE BY MAIL

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  • 08/29/2013
  • DocketCOMPLAINT FOR PERSONAL INJURIES AND DAMAGES

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  • 08/29/2013
  • DocketComplaint

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  • 08/29/2013
  • DocketSUMMONS

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  • 08/29/2013
  • DocketComplaint; Filed by GUY HART (Plaintiff)

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  • 08/29/2013
  • DocketComplaint; Filed by GUY HART (Plaintiff)

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Tentative Rulings

Case Number: BC519868    Hearing Date: December 02, 2020    Dept: W

GUY HART V. SUMANT PATEL

motion to amend judgment

Date of Hearing: December 2, 2020 Trial Date: N/A

Department: W Case No.: BC519868

Moving Party: Plaintiff Guy Hart

Responding Party: No opposition.

BACKGROUND

This is a personal injury action. Plaintiff Guy Hart alleges Defendant negligently operated their vehicle so as to collide with Plaintiff’s vehicle and cause injuries.

Plaintiff filed a complaint on August 29, 2013.

On November 3, 2016, a special verdict was entered, awarding Plaintiff $1,500.00 in damages. On January 9, 2017, judgment was entered and costs were awarded to Defendant in the amount of $28,537.92.

[Tentative] Ruling

Plaintiff Guy Hart’s Motion to Amend Judgment is GRANTED, in part.

DISCUSSION

Plaintiff Guy Hart has filed a motion to amend judgment on the grounds that due to a clerical error, the wrong amount of the judgment was entered. Specifically, Plaintiff contends on the day of trial in this matter, November 2, 2016, Plaintiff and Defendant entered into a Consent Order for Voluntary Expedited Jury Trial, which provided that Plaintiff was guaranteed to receive $5,000, regardless of the amount of the verdict by the Jury. (Nehoray Decl. ¶¶2-3.)

Code of Civil Procedure section 473(d) provides, “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.”

In the instant matter, Plaintiff contends Defendant purposefully misrepresented to the court that the Judgment was $1,500.00. Secondly, because of the Consent Order, all costs stated in the Memorandum of Costs filed by Defendants should be disregarded.

The court finds there has been a clerical error as to the judgment entered. The parties agreed that Plaintiff would recover a minimum $5,000.00 (¶10.) The court granted the Consent Order on November 2, 2016. As a result, it was so ordered that the floor amount in this action would be $5,000.00. However, Paragraph 8 provides “Each party understands that any award of attorney’s fees and costs will be decided by the court.” As a result, the agreement contemplated that a cost award would be given over and above any damages and Defendant is entitled to file their Memorandum of Costs.

Based on the foregoing, Plaintiff’s Motion to Amend Judgment is GRANTED, in part. The judgment should have been $5000 to plaintiff against defendant, but the cost award is to stand. Plaintiff to submit a proposed amended judgment within 20 days.

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