This case was last updated from Los Angeles County Superior Courts on 08/14/2019 at 09:48:59 (UTC).

JUANITA ALFARO VS CITY OF LOS ANGELES

Case Summary

On 09/12/2016 JUANITA ALFARO filed a Personal Injury - Other Personal Injury lawsuit against CITY OF LOS ANGELES. 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:

    ****3601

  • Filing Date:

    09/12/2016

  • 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 and Petitioner

ALFARO JUANITA

Defendants and Respondents

DOES 1 THROUGH 25

LOS ANGELES CITY OF

LANG MONICA D.

CITY OF LOS ANGELES

Defendant and Cross Plaintiff

CITY OF LOS ANGELES

Defendant and Cross Defendant

LANG MONICA D.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

CENTURY PARK LAW GROUP APLC

Cross Plaintiff Attorney

FEUER MICHAEL N. CITY ATTORNEY

Cross Defendant Attorney

O'KELLY WILLIAM PATRICK

Other Attorneys

ARIAS CARL BERNARD

 

Court Documents

Answer

6/19/2019: Answer

Notice of Change of Address or Other Contact Information

1/12/2018: Notice of Change of Address or Other Contact Information

CIVIL DEPOSIT

1/19/2018: CIVIL DEPOSIT

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

1/25/2018: ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES]PERSONAL INJURY COURTS ONLY

NOTICE OF INTRA OFFICE TRANSFER OF ATTORNEY OF RECORD

5/15/2018: NOTICE OF INTRA OFFICE TRANSFER OF ATTORNEY OF RECORD

ORDER ON DEFENDANT CITY OF LOS ANGELES EX PARTE APPLICATION TO CONTINUE TRIAL

8/2/2018: ORDER ON DEFENDANT CITY OF LOS ANGELES EX PARTE APPLICATION TO CONTINUE TRIAL

EX PARTE APPLICATION CONTINUE TRIAL;AND ETC.

8/3/2018: EX PARTE APPLICATION CONTINUE TRIAL;AND ETC.

Ex Parte Application

12/20/2018: Ex Parte Application

Minute Order

12/20/2018: Minute Order

Amendment to Complaint (Fictitious/Incorrect Name)

3/6/2019: Amendment to Complaint (Fictitious/Incorrect Name)

Ex Parte Application

4/18/2019: Ex Parte Application

Minute Order

4/18/2019: Minute Order

Answer

5/20/2019: Answer

SUMMONS

9/12/2016: SUMMONS

CROSS COMPLAINT - PERS. INJURY PROPERTY DAMAGE, WRONG DEATH (2 PAGES)

10/13/2016: CROSS COMPLAINT - PERS. INJURY PROPERTY DAMAGE, WRONG DEATH (2 PAGES)

SUMMONS CROSS-COMPLAINT

10/13/2016: SUMMONS CROSS-COMPLAINT

PROOF OF SERVICE SUMMONS

3/10/2017: PROOF OF SERVICE SUMMONS

ANSWER-PERSONAL INJURY PROPERTY DAMAGE, WRONGFUL DEATH

4/25/2017: ANSWER-PERSONAL INJURY PROPERTY DAMAGE, WRONGFUL DEATH

12 More Documents Available

 

Docket Entries

  • 10/04/2019
  • Hearingat 08:30 AM in Department 4A at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 09/20/2019
  • Hearingat 10:00 AM in Department 4A at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 09/12/2019
  • Hearingat 08:30 AM in Department 4A at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 06/19/2019
  • DocketAnswer; Filed by City of Los Angeles (Defendant)

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  • 05/20/2019
  • DocketAnswer; Filed by Monica D. Lang (Defendant)

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  • 05/01/2019
  • Docketat 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court

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  • 04/22/2019
  • Docketat 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Advanced and Continued - by Court

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  • 04/18/2019
  • Docketat 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Hearing on Ex Parte Application (to Continue Trial and Final Status Conference Date) - Held - Motion Granted

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  • 04/18/2019
  • DocketEx Parte Application (to Continue Trial and Final Status Conference Date); Filed by Monica D. Lang (Defendant)

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  • 04/18/2019
  • DocketMinute Order ( (Cross-Defendant Monica Lang's Ex Parte Application to Continu...)); Filed by Clerk

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32 More Docket Entries
  • 10/13/2016
  • DocketAnswer; Filed by City of Los Angeles (Defendant)

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  • 10/13/2016
  • DocketCROSS COMPLAINT - PERS. INJURY PROPERTY DAMAGE, WRONG DEATH (2 PAGES)

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  • 10/13/2016
  • DocketANSWER OF THE DEFENDANT CITY OF LOS ANGELES; DEMAND FOR JURY TRIAL

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  • 10/13/2016
  • DocketCross-Complaint; Filed by Cross-Complainant

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  • 10/13/2016
  • DocketSummons; Filed by Cross-Complainant

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  • 10/13/2016
  • DocketCross-Complaint; Filed by City of Los Angeles (Cross-Complainant)

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  • 10/13/2016
  • DocketSUMMONS CROSS-COMPLAINT

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  • 09/12/2016
  • DocketSUMMONS

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  • 09/12/2016
  • DocketCOMPLAINT FOR DAMAGES FOR: 1. NEGLIGENCE; ETC

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  • 09/12/2016
  • DocketComplaint; Filed by Juanita Alfaro (Plaintiff)

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Tentative Rulings

Case Number: BC633601    Hearing Date: March 16, 2020    Dept: 28

The court considered the motion.

BACKGROUND

On September 12, 2016, Plaintiff Juanita Alfaro filed a complaint for negligence and dangerous condition of public property against Defendant City of Los Angeles (“City”). 

On October 13, 2016, City filed an answer to the complaint. City also filed a cross-complaint for apportionment of fault, indemnification, and declaratory relief against Cross-Complainant Monica D. Lang (“Lang”). 

On April 25, 2017, Lang filed an answer to the cross-complaint.

On March 5, 2019, Plaintiff filed an Amendment to Complaint, naming Lang as DOE 1.

On May 20, 2019, Lang filed an answer to the complaint.

On June 19, 2019, City filed an answer to Lang’s cross-complaint for personal injury, property damage, and wrongful death. [Please note: It does not appear that Lang actually filed a cross-complaint.]

On September 16, 2019, Plaintiff filed a Notice of Settlement of Entire Case. 

REQUESTS

Plaintiff requests an order enforcing the terms of the written settlement with City, wherein City agreed to pay Plaintiff $10,000.00 in consideration for dismissal of her claims against City. Plaintiff requests the Court enter an order compelling payment of the $10,000.00 or, in the alternative, entering judgment against Defendant in the amount of $10,000.00, plus legal interest from the date the settlement was reached, in addition to $3,750.00 in attorneys’ fees and costs. 

LEGAL STANDARD

C.C.P. §664.6 provides, as follows:  “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.

DISCUSSION

Plaintiff moves for an order enforcing her settlement agreement with City, pursuant to C.C.P. §664.6, or, in the alternative, entering judgment against City in the amount of $10,000.00, plus legal interest from the date the settlement was reached. Plaintiff also requests an award of attorneys’ fees and costs in the amount of $3,750.00.

The Court lacks subject matter jurisdiction over the instant action. (See Sayta v. Chu (2017) 17 Cal.App.5th 960, 965-966.) Plaintiff filed a Request for Dismissal on March 4, 2020, dismissing her complaint with prejudice. City filed a Request for Dismissal on March 9, 2020, dismissing its cross-complaint with prejudice Plaintiff and City did not properly request the Court retain jurisdiction under C.C.P. §664.6. (See Id. at 966.) 

The Court notes City filed an answer to Lang’s cross-complaint on June 19, 2019.  However, it does not appear that Lang actually filed a cross-complaint in this action.

Based on the foregoing, Plaintiff’s motion is off-calender.

CONCLUSION

Plaintiff’s motion is taken off-calendar.