This case was last updated from Los Angeles County Superior Courts on 06/08/2019 at 00:04:37 (UTC).

JOSEPH N CHRISTOPHER VS SOUTHERN CALIFORNIA REGIONAL RAIL

Case Summary

On 08/29/2016 JOSEPH N CHRISTOPHER filed a Personal Injury - Other Personal Injury lawsuit against SOUTHERN CALIFORNIA REGIONAL RAIL. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2285

  • Filing Date:

    08/29/2016

  • 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

GEORGINA T. RIZK

 

Party Details

Plaintiff and Petitioner

CHRISTOPHER JOSEPH N

Claimant

TRAVELERS INDEMNITY COMPANY

Defendants and Respondents

SOUTHERN CALIFORNIA REGIONAL RAIL

METROLINK

DOES 1-100

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

LAW OFFICES OF BRYMAN & APELIAN

Claimant Attorney

DIEDERICH & ASSOCIATES

Defendant Attorneys

LUKAS EDWARD WALTER JR

JENKINS MICHAEL E.

 

Court Documents

ORDER STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

4/10/2018: ORDER STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

EXPARTE APPLICATION OF DEFENDANT FOR AN ORDER CONTINUING TRIAL; MEMORANDUM OF POINTS AND AIJTHORITIES; DECLARATION OF MICHAEL F. JENKINS

6/4/2018: EXPARTE APPLICATION OF DEFENDANT FOR AN ORDER CONTINUING TRIAL; MEMORANDUM OF POINTS AND AIJTHORITIES; DECLARATION OF MICHAEL F. JENKINS

Minute Order

6/4/2018: Minute Order

NOTICE OF RULING GRANTING EX PARTE APPLICATION OF DEFENDANT FOR AN ORDER CONTINUING TRIAL

6/4/2018: NOTICE OF RULING GRANTING EX PARTE APPLICATION OF DEFENDANT FOR AN ORDER CONTINUING TRIAL

ORDER GRANTING EX PARTE APPLICATION OF DEFENDANT FOR AN ORDER CONTINUING TRIAL

6/4/2018: ORDER GRANTING EX PARTE APPLICATION OF DEFENDANT FOR AN ORDER CONTINUING TRIAL

JOINT STIPULATION RE TRIAL CONTINUANCE DUE TO FAMILY EMERGENCY AND MEDICAL ISSUES (PROPOSED) ORDER

6/4/2018: JOINT STIPULATION RE TRIAL CONTINUANCE DUE TO FAMILY EMERGENCY AND MEDICAL ISSUES (PROPOSED) ORDER

REVISED/UPDATED NOTICE OF LIEN

8/17/2018: REVISED/UPDATED NOTICE OF LIEN

Notice of Ruling

10/19/2018: Notice of Ruling

Order

10/19/2018: Order

Minute Order

10/19/2018: Minute Order

Ex Parte Application

10/19/2018: Ex Parte Application

Stipulation

10/19/2018: Stipulation

Minute Order

2/1/2019: Minute Order

SUMMONS

8/29/2016: SUMMONS

FIRST AMENDED COMPLAINT FOR DAMAGES: NEGLIGENCE

12/6/2016: FIRST AMENDED COMPLAINT FOR DAMAGES: NEGLIGENCE

DEFENDANT SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY DBA METROLINK'S ANSWER TO PLAINTIFF'S UNVERIFIED COMPLAINT ETC.

3/6/2017: DEFENDANT SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY DBA METROLINK'S ANSWER TO PLAINTIFF'S UNVERIFIED COMPLAINT ETC.

NOTICE OF LIEN (LABOR CODE ?3852 AND 3856)

10/11/2017: NOTICE OF LIEN (LABOR CODE ?3852 AND 3856)

ORDER AND STIPULAT1ON TO CONTINUE TRIAL, FSC [AND RELATED MOTIN/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT]

11/16/2017: ORDER AND STIPULAT1ON TO CONTINUE TRIAL, FSC [AND RELATED MOTIN/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT]

12 More Documents Available

 

Docket Entries

  • 04/15/2019
  • at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Jury Trial - Not Held - Continued - Party's Motion

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  • 04/05/2019
  • at 10:00 AM in Department 2, Georgina T. Rizk, Presiding; Final Status Conference - Not Held - Continued - Party's Motion

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  • 02/04/2019
  • Notice of Ruling; Filed by Southern California Regional Rail (Defendant); Metrolink (Defendant)

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  • 02/01/2019
  • at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Hearing on Ex Parte Application (for an Order Continuing Trial, or in the Alternative, for an order Vacating the Current Trial Date and Setting a Trial Setting Conference;) - Held

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  • 02/01/2019
  • Minute Order ( (Hearing on Ex Parte Application for an Order Continuing Trial...)); Filed by Clerk

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  • 01/31/2019
  • Ex Parte Application (for an Order Continuing Trial, or in the Alternative, for an order Vacating the Current Trial Date and Setting a Trial Setting Conference;); Filed by Southern California Regional Rail (Defendant)

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  • 01/14/2019
  • at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Jury Trial - Not Held - Continued - Party's Motion

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  • 01/04/2019
  • at 10:00 AM in Department 2, Georgina T. Rizk, Presiding; Final Status Conference - Not Held - Continued - Party's Motion

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  • 10/19/2018
  • at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Ex-Parte Proceedings - Held - Motion Granted

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  • 10/19/2018
  • at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Ex-Parte Proceedings

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29 More Docket Entries
  • 07/14/2017
  • NOTICE OF CHANGE OF ADDRESS OR OTHER CONTACT INFORMATION

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  • 03/06/2017
  • DEFENDANT SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY DBA METROLINK'S ANSWER TO PLAINTIFF'S UNVERIFIED COMPLAINT ETC.

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  • 03/06/2017
  • Answer; Filed by Southern California Regional Rail (Defendant)

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  • 02/10/2017
  • Proof-Service/Summons; Filed by Plaintiff/Petitioner

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  • 02/10/2017
  • PROOF OF SERVICE OF SUMMONS

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  • 12/06/2016
  • First Amended Complaint; Filed by Joseph N Christopher (Plaintiff)

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  • 12/06/2016
  • FIRST AMENDED COMPLAINT FOR DAMAGES: NEGLIGENCE

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  • 08/29/2016
  • Complaint; Filed by Joseph N Christopher (Plaintiff)

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  • 08/29/2016
  • SUMMONS

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  • 08/29/2016
  • COMPLAINT FOR PERSONAL INJURIES ARISING OUT OF: 1. NEGLIGENCE - DANGEROUS CONDITION

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Tentative Rulings

Case Number: BC632285    Hearing Date: February 21, 2020    Dept: 29

Christopher v. Southern California Regional Rail

Defendant Southern California Regional Rail Authority’s Motion for Leave to File Cross-Complaint is DENIED.

This action was filed on 8/29/2016, nearly 3.5 years ago. In the first amended complaint, plaintiff alleges that he was injured while working for Simmons Machine Tool Corp., a company which was hired by Defendant Southern California Regional Rail Authority dba Metrolink (“Metrolink”) to provide services at Metrolink’s premises. Plaintiff asserts a claim for negligence against Metrolink.

The trial date was originally set for 2/28/2018. The Court subsequently continued the trial, upon the application of Metrolink and/or the parties jointly, at least seven times. The trial date is now 3/6/2020.

Now, two weeks before trial, Metrolink seeks leave to file a cross-complaint for express indemnity against third-party Simmons Machine Tool Corporation.

Metrolink’s proposed cross-complaint is a permissive cross-complaint, governed by Code of Civil Procedure section 428.50(c), which states in relevant part: “A party shall obtain leave of court to file any cross-complaint except one filed within the time specified in subdivision (a) or (b). Leave may be granted in the interest of justice at any time during the course of the action.” Permission to file a permissive cross-complaint is solely within the trial court's discretion. (Crocker Nat. Bank v. Emerald (1990) 221 Cal. App. 3d 852, 864.)

The Court finds that it would not be in the interests of justice to grant Metrolink leave to file the cross-complaint. As noted, this case has been pending for nearly 3.5 years. Metrolink knew of the facts underlying its proposed cross-complaint since the time the complaint was filed. Further, the express indemnity claim arises out of an alleged contract between Metrolink and Simmons; the claims can be pursued in a separate action after the resolution of this case. Trial is only two weeks away; granting the motion for leave would necessarily involve a continuance of the trial of an unknown duration. After considering these and other relevant factors, the Court exercises its discretion to deny leave to file the cross-complaint.

Moving party is ordered to give notice.