This case was last updated from Los Angeles County Superior Courts on 06/25/2019 at 14:33:20 (UTC).

JOSEPH FRYZER VS ALBERTINI ITALIAN WINDOWS & DOORS LLC ET AL

Case Summary

On 12/15/2015 JOSEPH FRYZER filed a Personal Injury - Other Product Liability lawsuit against ALBERTINI ITALIAN WINDOWS DOORS LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4381

  • Filing Date:

    12/15/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff and Petitioner

FRYZER JOSEPH

Defendants and Respondents

ALBERTINI ITALIAN WINDOWS & DOORS LLC

ALBERTINI CORPORATION

ALBERTINI-USA LLC

DOES 1 THROUGH 50

ALBERTINI S.P.A DOE 11

ALBERTINI DOE 21 MARCO

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

ENGSTROM LIPSCOMB & LACK A.P.C.

LACK WALTER JOHN

Defendant and Respondent Attorneys

NORTHRUP LINDA L. ESQ.

NORTHRUP LINDA L.

GRUPPIE GUY ROBERT

 

Court Documents

Unknown

6/12/2017: Unknown

Minute Order

2/23/2018: Minute Order

Minute Order

3/19/2018: Minute Order

Minute Order

6/21/2018: Minute Order

NOTICE OF ENTRY OF JUDGMENT OR ORDER

7/27/2018: NOTICE OF ENTRY OF JUDGMENT OR ORDER

Minute Order

9/4/2018: Minute Order

Motion in Limine

10/22/2018: Motion in Limine

Notice of Ruling

2/22/2019: Notice of Ruling

Notice of Stay of Proceedings

3/11/2019: Notice of Stay of Proceedings

Minute Order

6/14/2019: Minute Order

Unknown

1/22/2016: Unknown

DEFENDANTS, ALBERTINI ITALIAN WINDOWS & DOORS, LLC AND ALBERTINI CORPORATION ANSWER TO COMPLAINT

2/3/2016: DEFENDANTS, ALBERTINI ITALIAN WINDOWS & DOORS, LLC AND ALBERTINI CORPORATION ANSWER TO COMPLAINT

NOTICE OF COURT ORDER RE: TRANSFERRING AND CASE REASSIGNMENT TO AN I/C COURTROOM FROM DEPARTMENT 97, A P1 HUB COURT

7/24/2017: NOTICE OF COURT ORDER RE: TRANSFERRING AND CASE REASSIGNMENT TO AN I/C COURTROOM FROM DEPARTMENT 97, A P1 HUB COURT

Unknown

8/29/2017: Unknown

NOTICE OF CASE MANAGEMENT CONFERENCE

8/30/2017: NOTICE OF CASE MANAGEMENT CONFERENCE

Unknown

9/15/2017: Unknown

Proof of Service

9/22/2017: Proof of Service

Minute Order

10/24/2017: Minute Order

168 More Documents Available

 

Docket Entries

  • 06/14/2019
  • at 08:30 AM in Department 58; Hearing on Motion to be Relieved as Counsel - Held

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  • 06/14/2019
  • at 08:30 AM in Department 58; Status Conference Re: Bankruptcy - Held

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  • 06/14/2019
  • Minute Order ( (Hearing on Motion to be Relieved as Counsel; Status Conferenc...)); Filed by Clerk

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  • 06/11/2019
  • at 08:30 AM in Department 58; Status Conference Re: Bankruptcy - Not Held - Advanced and Continued - by Court

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  • 06/07/2019
  • at 08:30 AM in Department 58; Hearing on Ex Parte Application ( TO BE RELIEVED AS COUNSEL; DECLARATION OF KELSEY MAXWELL) - Held

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  • 06/07/2019
  • Minute Order ( (Hearing on Defendant's (Albertini Spa, Sued as Doe 11) Ex Par...)); Filed by Clerk

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  • 06/07/2019
  • Notice ( of Hearing); Filed by Albertini S.P.A (DOE 11) (Defendant)

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  • 06/06/2019
  • Ex Parte Application (to be Relieved as Counsel;); Filed by Albertini S.P.A (DOE 11) (Defendant)

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  • 03/25/2019
  • at 09:00 AM in Department 58; Jury Trial - Not Held - Advanced and Vacated

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  • 03/19/2019
  • at 09:00 AM in Department 58; Final Status Conference - Not Held - Advanced and Vacated

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324 More Docket Entries
  • 01/29/2016
  • Receipt; Filed by Albertini Italian Windows & Doors, LLC (Defendant)

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  • 01/22/2016
  • Notice; Filed by Joseph Fryzer (Plaintiff)

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  • 01/22/2016
  • NOTICE OF ACKNOWLEDGEMENT OF RECEIPT - CIVIL

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  • 01/22/2016
  • Notice; Filed by Joseph Fryzer (Plaintiff)

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  • 01/22/2016
  • NOTICE OF ACKNOWLEDGEMENT OF RECEIPT - CIVIL

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  • 12/15/2015
  • COMPLAINT FOR DAMAGES FOR: (1) NEGLIGENCE; ETC

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  • 12/15/2015
  • Complaint; Filed by Joseph Fryzer (Plaintiff)

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  • 12/15/2015
  • CIVIL DEPOSIT

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  • 12/15/2015
  • NOTICE OF POSTING JURY FEE DEPOSIT

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  • 12/15/2015
  • SUMMONS

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Tentative Rulings

Case Number: BC604381    Hearing Date: December 30, 2019    Dept: 58

Judge John P. Doyle

Department 58


Hearing Date: December 30, 2019

Case Name: Fryzer v. Albertini Italian Windows & Floors, LLC, et al.

Case No.: BC604381

Motion: Default Judgment Application

Tentative Ruling: The Default Judgment Application is denied without prejudice.


The Default Judgment Application is denied for the following reasons.

(1) Nothing has been provided to indicate that Defendant Albertini S.p.A. has defaulted.

(2) It is not apparent why Albertini S.p.A.’s insurance carrier—Societa Reale Mutua Di Assicurazioni—should be named in the judgment for this action.

(3) Code Civ. Proc. § 580 states, “[t]he relief granted to the plaintiff, if there is no answer, cannot exceed that demanded in the complaint . . . .” Code Civ. Proc. § 580 applies even when a defendant has defaulted after having filed an answer and having participated in discovery. (See Greenup v. Rodman (1986) 42 Cal. 3d 822, 828; Elec. Funds Sols., LLC v. Murphy (2005) 134 Cal. App. 4th 1161, 1175.) Plaintiff requests 4,000,000 in property damages but the First Amended Complaint does not specifically seek such damages. That a statement of damages was served is irrelevant as this is not a personal injury action.

(4) A request to dismiss the Doe Defendants was not provided.

(5) No explanation is provided as to whether there are other parties remaining in this action.