This case was last updated from Los Angeles County Superior Courts on 08/14/2019 at 09:22:18 (UTC).

JOSE LUIS LOPEZ JR VS WALLY'S WINE & SPIRITS ET AL

Case Summary

On 10/28/2014 JOSE LUIS LOPEZ JR filed a Personal Injury - Other Personal Injury lawsuit against WALLY'S WINE SPIRITS. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are LISA HART COLE, GREGORY KEOSIAN and H. JAY FORD III. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2041

  • Filing Date:

    10/28/2014

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Personal Injury - Other Personal Injury

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

LISA HART COLE

GREGORY KEOSIAN

H. JAY FORD III

 

Party Details

Plaintiffs and Petitioners

LOPEZ JOSE LUIS JR.

LOPEZ JR. JOSE LUIS

Defendants, Respondents and Cross Plaintiffs

DOES 1 THROUGH 50

LOS ANGELES CITY OF

LOS ANGELES COUNTY OF

MARVIN A. KAHN DECEASED TRUST

NORTHERN TRUST BANK OF CALIFORNIA

WALLY'S WINE & SPIRITS

SOUTHEST WINE & SPIRITS LLC

COUNTY OF LOS ANGELES

BEATRICE KAHN BOYKOFF MILTON LOUIS MILLER

THE NORTHERN TRUST COMPANY

SOUTHWEST WINE & SPIRITS

Defendants and Respondents

DOES 1 THROUGH 50

MARVIN A. KAHN DECEASED TRUST

WALLY'S WINE & SPIRITS

THE NORTHERN TRUST COMPANY

Defendants, Cross Defendants and Cross Plaintiffs

LOS ANGELES CITY OF

NORTHERN TRUST BANK OF CALIFORNIA

SOUTHEST WINE & SPIRITS LLC

THE NORTHERN TRUST COMPANY

LOS ANGELES COUNTY OF

COUNTY OF LOS ANGELES

WALLY'S WINE & SPIRITS LLC

ROES 1-10 INCLUSIVE

CITY OF LOS ANGELES

SOUTHWEST WINE SPIRITS LLC

ROES 1 TO 50 INCLUSIVE

WALLY'S WINE STORAGE LLC

ROES 1 THROUGH 50

5 More Parties Available

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

BRAL & ASSOCIATES

BRAL SEAN

ARDALAN P. CHRISTOPHER

Defendant and Cross Plaintiff Attorneys

BALLARD MELISSA M.

ENERLE STEPHEN D.

NIELSEN JOANNE

PETERS THOMAS H. ESQ.

POLLARD MAVREDAKIS CRANERT CRAWFORD

SAWYER JAMES F.B. ESQ.

LAW OFFICES OF JOHN A. HAUSER

MAVREDAKIS CRANERT CRAWFORD

BEATRICE KAHN BOYKOFF MILTON LOUIS MILLER

THOMPSON COE & O'MEARA

Cross Defendant Attorneys

OGHIGIAN CHRISTINA SCHMIDT

ROBINSON SR. ETHAN L.

 

Court Documents

Request for Dismissal

2/26/2019: Request for Dismissal

Notice of Change of Address or Other Contact Information

5/10/2019: Notice of Change of Address or Other Contact Information

NOTICE OF APPEAL (UNLIMITED CIVIL CASE)

2/26/2018: NOTICE OF APPEAL (UNLIMITED CIVIL CASE)

APPELLANT?S NOTICE DESIGNATING RECORD ON APPEAL

3/8/2018: APPELLANT?S NOTICE DESIGNATING RECORD ON APPEAL

NOTICE OF FILING OF NOTICE OF APPEAL (UNLIMITED JURISDICTION)

3/29/2018: NOTICE OF FILING OF NOTICE OF APPEAL (UNLIMITED JURISDICTION)

NOTICE OF FILING OF NOTICE OF APPEAL (UNLIMITED JURISDICTION)

4/3/2018: NOTICE OF FILING OF NOTICE OF APPEAL (UNLIMITED JURISDICTION)

APPEALLANT'S NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE)

4/6/2018: APPEALLANT'S NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE)

APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE)

4/13/2018: APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE)

NOTICE TO REPORTER TO PREPARE TRANSCRIPT ON APPEAL (UNLIMITED CIVIL)

5/30/2018: NOTICE TO REPORTER TO PREPARE TRANSCRIPT ON APPEAL (UNLIMITED CIVIL)

Appeal - Notice of Fees Due for Clerk's Transcript on Appeal

11/13/2018: Appeal - Notice of Fees Due for Clerk's Transcript on Appeal

Notice

12/19/2018: Notice

SUMMONS CROSS COMPLAINT

11/18/2014: SUMMONS CROSS COMPLAINT

SUMMONS CROSS-COMPLAINT

1/20/2015: SUMMONS CROSS-COMPLAINT

CROSS-COMPLAINT AGAINST CROSS-DEFENDANT FOR INDEMNIFICATION, APPORTIONMENT OF FAULT AND DECLARATORY RELIEF

1/22/2015: CROSS-COMPLAINT AGAINST CROSS-DEFENDANT FOR INDEMNIFICATION, APPORTIONMENT OF FAULT AND DECLARATORY RELIEF

PLAINTIFF'S OPPOSITION TO DEMURRER OF DEFENDANT COUNTY OF LOS ANGELES; MEMORANDUM OF POINTS AND AUTHORITIES

2/3/2015: PLAINTIFF'S OPPOSITION TO DEMURRER OF DEFENDANT COUNTY OF LOS ANGELES; MEMORANDUM OF POINTS AND AUTHORITIES

AMENDMENT TO COMPLAINT

2/24/2015: AMENDMENT TO COMPLAINT

ANSWER OF THE CROSS-DEFENDANT, CITY OF LOS ANGELES, TO THE CROSS COMPLAINT OF SOUTHWEST WINE & SPIRITS LLC DBA WALLY'S WINE & SPIRITS' CROSS-COMPLAINT

3/5/2015: ANSWER OF THE CROSS-DEFENDANT, CITY OF LOS ANGELES, TO THE CROSS COMPLAINT OF SOUTHWEST WINE & SPIRITS LLC DBA WALLY'S WINE & SPIRITS' CROSS-COMPLAINT

COUNTY OF LOS ANGELES'S ANSWER TO CROSS-COMPLAINT FOR INDEMNITY, PARTIAL INDEMNIFICATION AND DECLARATORY RELIEF

3/30/2015: COUNTY OF LOS ANGELES'S ANSWER TO CROSS-COMPLAINT FOR INDEMNITY, PARTIAL INDEMNIFICATION AND DECLARATORY RELIEF

33 More Documents Available

 

Docket Entries

  • 05/10/2019
  • DocketNotice of Change of Address or Other Contact Information; Filed by P. CHRISTOPHER ARDALAN (Attorney)

    Read MoreRead Less
  • 02/28/2019
  • Docketat 08:30 AM in Department O; Order to Show Cause Re: Dismissal (Settlement) - Held

    Read MoreRead Less
  • 02/28/2019
  • DocketMinute Order ( (Order to Show Cause Re: Dismissal (Settlement))); Filed by Clerk

    Read MoreRead Less
  • 02/26/2019
  • DocketRequest for Dismissal; Filed by MARVIN A KAHN (Cross-Complainant)

    Read MoreRead Less
  • 02/15/2019
  • DocketAppeal Record Delivered (SUPPLEMENTAL CLERK'S for Appeals filed 2-26-18, 3-28-18 & 4-02-18); Filed by Clerk

    Read MoreRead Less
  • 01/14/2019
  • DocketNotice of Ruling; Filed by Wally's Wine & Spirits, LLC (Cross-Defendant)

    Read MoreRead Less
  • 01/08/2019
  • DocketAppeal Record Delivered (For appeals Filed 2-26-18, 3-28-18 & 4-02-18); Filed by Clerk

    Read MoreRead Less
  • 01/07/2019
  • Docketat 09:30 AM in Department O; Non-Jury Trial (Court trial - 2 days) - Held

    Read MoreRead Less
  • 01/07/2019
  • DocketMinute Order ( (Non-Jury Trial Court trial - 2 days)); Filed by Clerk

    Read MoreRead Less
  • 01/04/2019
  • DocketAppeal - Original Clerk's Transcript 1 - 5 Volumes Certified (FOR APPEAL DATES 2/26/18, 4/2/18, AND /18); Filed by Clerk

    Read MoreRead Less
463 More Docket Entries
  • 11/18/2014
  • DocketANSWER OF DEFENDANT, SOUTHWEST WINE & SPIRITS, LLC DBA WALLY'S WINE & SPIRITS, TO UNVERIFIED COMPLAINT

    Read MoreRead Less
  • 11/18/2014
  • DocketNOTICE OF POSTING JURY FEES

    Read MoreRead Less
  • 11/18/2014
  • DocketSummons; Filed by Southest Wine & Spirits LLC (Defendant)

    Read MoreRead Less
  • 11/18/2014
  • DocketCROSS-COMPLAINT FOR INDEMNITY, PARTIAL INDEMNIFICATION AND DECLARATORY RELIEF

    Read MoreRead Less
  • 11/18/2014
  • DocketReceipt; Filed by Defendant/Respondent

    Read MoreRead Less
  • 11/18/2014
  • DocketAnswer; Filed by Southest Wine & Spirits LLC (Defendant)

    Read MoreRead Less
  • 10/28/2014
  • DocketSUMMONS

    Read MoreRead Less
  • 10/28/2014
  • DocketComplaint; Filed by Jose Lopez, Jr. (Plaintiff); Jose Luis Lopez, Jr. (Plaintiff)

    Read MoreRead Less
  • 10/28/2014
  • DocketCOMPLAINT FOR DAMAGES NEGLIGENCE AND PREMISE LIABILITY

    Read MoreRead Less
  • 10/28/2014
  • DocketComplaint Filed

    Read MoreRead Less

Tentative Rulings

b'

Case Number: BC562041 Hearing Date: July 27, 2021 Dept: O

\r\n\r\n

Case\r\nName: Lopez, et al v. Wally’s Wine\r\n& Spirits, et al.

\r\n\r\n
\r\n\r\n\r\n\r\n\r\n
\r\n\r\n

Case\r\nNo.: BC562041

\r\n\r\n

Hearing: 7-27-21

\r\n\r\n

Calendar\r\n#: 5

\r\n\r\n

Notice: OK

\r\n\r\n

\r\n\r\n

Complaint\r\nFiled: 10/28/14

\r\n\r\n

Motion\r\nC/O: N/A

\r\n\r\n

Discovery\r\nC/O: N/A

\r\n\r\n

Trial\r\nDate: N/A

\r\n\r\n
\r\n\r\n\r\n\r\n\r\n

______________________________________________________________________________

\r\n\r\n

SUBJECT: (1) MOTION TO TAX AND/OR STRIKE COSTS OF\r\nDEFENDANT WALLY’S WINE & SPIRITS; (2) PLAINTIFF’S REQUEST FOR THE COURT TO\r\nEXERCISE ITS DISCRETIONARY POWER (CCP §128) TO ORDER THE CONSOLIDATION OR\r\nCOORDINATION OF THIS MOTION WITH DEFENDANT’S SEPARATELY FILED “MOTION TO\r\nRESOLVE THE ISSUE OF TRIAL COURT COSTS”

\r\n\r\n

MOVING\r\nPARTY: Plaintiff Jose Luis Lopez, Jr.

\r\n\r\n

RESP.\r\nPARTY: Defendant Southwest Wine\r\n& Spirits, LLC d/b/a Wally’s Wine & Spirits

\r\n\r\n

\r\n\r\n

TENTATIVE\r\nRULING

\r\n\r\n

Plaintiff Lopez’s Motion to Tax and/or Strike\r\nCosts of Defendant Wally’s Wine & Spirits and Request for the Court to\r\nExercise its Discretionary Power (CCP §128) to Order the Consolidation or\r\nCoordination of this Motion with Defendant’s Separately Filed “Motion to\r\nResolve the Issue of the Trial Court Costs” is DENIED. The request to hear this\r\nmotion with Defendant Wally’s Motion to Resolve the Issue of the Trial Court\r\nCosts is moot. The Court denied Wally’s\r\nMotion to Resolve on 7-20-21.

\r\n\r\n

\r\n\r\n

Lopez’s Motion is untimely. Plaintiff Lopez’s Motion to Tax and/or\r\nStrike Costs is DENIED as untimely. A motion to strike or tax costs must be\r\nserved and filed within 15 days after service of the costs memorandum. CRC 3.1700(b)(1). If a party serves the written costs\r\nmemorandum by mail within this state, the deadline for filing the motion to\r\nstrike or tax costs is extended for five days as provided in CCP § 1013(a). See CRC 3.1700(b)(1); see also\r\nNevis Homes LLC v. CW Roofing, Inc. (2013) 216 Cal.App.4th 353, 356.

\r\n\r\n

\r\n\r\n

Wally’s memo of costs was filed and served on\r\n1-16-18. Any motion to strike or tax\r\ncosts was due within 20 days (15 days plus 5 days for mailing) of 1-16-18. Plaintiff Lopez filed his motion to strike or\r\ntax costs on 6-30-21, more than three years later. Lopez’s motion is clearly untimely. Delay\r\nin challenging (or failure to challenge) a costs bill waives any objection to\r\nthe costs claimed thereon. See\r\nDouglas v. Willis (1994) 27 Cal.App.4th 287, 290.

\r\n\r\n

\r\n\r\n

Lopez’s request for CCP §473(b) relief is\r\nuntimely. Plaintiff Lopez moves for\r\nrelief from the deadline under CRC Rule 3.1700(b)(1) pursuant to CCP\r\n§473(a).

\r\n\r\n

\r\n\r\n

Plaintiff can only request discretionary relief under CCP\r\n§473(b). Mandatory relief is only\r\npermitted as to defaults, default judgments, dismissals or their procedural\r\nequivalent. See CCP\r\n§473(b)(mandatory relief based on attorney affidavit of fault limited to “default\r\nentered by the clerk against his or her client, and which will result in entry\r\nof a default judgment, or (2) resulting default judgment or\r\ndismissal entered against his or her client”); Martin Potts &\r\nAssociates, Inc. v. Corsair, LLC (2016) 244 Cal.App.4th 432, 438 (mandatory\r\nrelief narrower in scope than discretionary relief “insofar as it is only\r\navailable for defaults, default judgments, and dismissals, while discretionary\r\nrelief is available for a broader array of orders”). Waiver of the right to strike or tax costs is\r\nnot a default or dismissal or the procedural equivalent of a default or\r\ndismissal. See e.g. Douglas v. Willis\r\n(1994) 27 Cal.App.4th 287, 291 (mandatory relief unavailable under\r\nCCP §473(b) from entry of costs order due to counsel’s failure to file timely\r\nmotion strike; costs order not a default or dismissal or procedural equivalent\r\nof either).

\r\n\r\n

\r\n\r\n

Pursuant to CCP §473(b),\r\ndiscretionary relief must be sought within a reasonable time, in no case\r\nexceeding six months after the judgment, dismissal, order or other proceeding\r\ntaken against a defendant. The six-month time limit for granting statutory\r\nrelief is jurisdictional and the court may not consider a motion for relief\r\nmade after that period has elapsed. See\r\nManson, Iver & York v. Black (2009) 176 Cal.App.4th 36, 42.

\r\n\r\n

\r\n\r\n

Here, Plaintiff Lopez’s motion is\r\nmore than three years late. Lopez claims\r\nhe did not seek relief earlier or file a timely motion to strike, because he\r\nrelied on the parties’ agreement whereby Wally’s waived its right to costs in\r\nexchange for Plaintiff’s waiver of his right to appeal. See Dec. of C. Aradalan, ¶17. Lopez argues he would have filed a motion to\r\nstrike or tax if Defendant Wally’s had sought a timely judgment on its costs\r\nmemorandum. Id.

\r\n\r\n

\r\n\r\n

However, Wally’s legal entitlement\r\nto its costs was triggered by his filing of the memo of costs on 1-16-18. The failure to file a notice of withdrawal or\r\na motion to tax or strike within the statutory period would have required entry\r\nof costs on the judgment. Pursuant to\r\nCRC Rule 3.1700(d), “after the time has passed for a motion to strike or tax\r\ncosts or for determination of that motion, the clerk must immediately\r\nenter the costs on the judgment.”

\r\n\r\n

\r\n\r\n

Wally’s never filed any notice of\r\nwithdrawal of memo of costs, or any other document with the Court notifying it\r\nthat it was no longer pursuing its costs memo. \r\nNeither Wally’s nor Plaintiff ever filed any notice of their post-judgment\r\nsettlement with the Court, despite the Court’s explicit reservation of\r\njurisdiction to hear Wally’s claim for 998 costs in its amended judgment. In light of these facts, Plaintiff’s delay in\r\nseeking relief from the deadline was unreasonable. Plaintiff’s reliance on the parties’\r\nsettlement agreement to refrain from moving to strike or tax during this entire\r\nthree-year period, when the memo of costs was still on file and the Court was\r\nnever informed of the parties’ agreement, resulted in unreasonable delay in\r\nseeking relief under CCP §473(b).

\r\n\r\n

\r\n\r\n

Plaintiff’s counsel also fails to\r\nadequately explain why he did not file the motion to tax or strike earlier than\r\n6-30-21. Wally’s counsel contacted him\r\nregarding recovery of the trial costs on 2-22-21, inquiring as to who would be\r\npaying Wally’s trial court costs. See\r\nDec. of A. Pennington, ¶9. Wally’s\r\ncounsel filed its own Motion to Resolve Payment of Trial Court Costs on\r\n4-23-21. Id. at ¶11. Even if Wally’s failure to withdraw its costs\r\nmemo did notify Lopez of its intent to pursue its costs, Wally’s 2-22-21\r\ncommunication and its 4-23-21 Motion should have. Waiting until 6-30-21 to seek relief was\r\nunreasonable.

\r\n\r\n

\r\n\r\n

Thus, Lopez’s request for CCP\r\n§473(b) relief from the 15-day deadline under CRC Rule 3.1700(b)(1) is untimely. The Court is therefore without jurisdiction\r\nto grant relief.

'
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where NORTHERN TRUST BANK OF CALIFORNIA is a litigant

Latest cases where WALLY'S WINE & SPIRITS is a litigant

Latest cases where SOUTHWEST WINE & SPIRITS LLC A CALIFORNIA LIMITED LIABILITY COMPANY is a litigant

Latest cases where The Northern Trust Company is a litigant