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This case was last updated from Los Angeles County Superior Courts on 07/11/2021 at 15:31:05 (UTC).

NICOLE BAUTISTA ET AL VS MUSCLEWOOD INVESTMENT PROPERTIES LL

Case Summary

On 10/14/2015 NICOLE BAUTISTA filed a Civil Right - Other Civil Right lawsuit against MUSCLEWOOD INVESTMENT PROPERTIES LL. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are DALILA CORRAL LYONS and KEVIN C. BRAZILE. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7411

  • Filing Date:

    10/14/2015

  • Case Status:

    Other

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

DALILA CORRAL LYONS

KEVIN C. BRAZILE

 

Party Details

Plaintiffs and Petitioners

BAUTISTA NICOLE

RUIZ OSCAR

Defendants, Respondents and Cross Plaintiffs

DOES 1 THROUGH 10

LOPEZ EDWARD

MUSCLEWOOD INVESTMENT PROPERTIES LLC

Cross Defendants

MENDEZ CARLOS

MENDEZ OTTO

Not Classified By Court

DEFENDANTS EDWARD LOPEZ AND MUSCLEWOOD PROPERTY INVESTMENTS LLC

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

BARBOSA PATRICIA

Defendant and Respondent Attorneys

BREMER WHYTE BROWN & O'MEARA LLP

LEINEWEBER CECILIA K.

Defendant and Cross Plaintiff Attorney

LEINEWEBER CECILIA K.

 

Court Documents

Notice of Case Reassignment and Order for Plaintiff to Give Notice

2/3/2020: Notice of Case Reassignment and Order for Plaintiff to Give Notice

RETURNED MAIL - RETURNED MAIL UNABLE TO FORWARD [ON 5/14 RE-SENT TO CORRECT ADDRESS AND TO FILE A CHANGE OF ADDRESS]

5/14/2020: RETURNED MAIL - RETURNED MAIL UNABLE TO FORWARD [ON 5/14 RE-SENT TO CORRECT ADDRESS AND TO FILE A CHANGE OF ADDRESS]

Proof of Service (not Summons and Complaint)

1/4/2021: Proof of Service (not Summons and Complaint)

Certificate of Mailing for - Certificate of Mailing for Minute Order (COURT ORDER:) of 12/13/2018

12/13/2018: Certificate of Mailing for - Certificate of Mailing for Minute Order (COURT ORDER:) of 12/13/2018

Minute Order - Minute Order (CASE MANAGEMENT CONFERENCE;)

2/25/2019: Minute Order - Minute Order (CASE MANAGEMENT CONFERENCE;)

PLAINTIFFS NICOLE BAUTISTA AND OSCAR RUIZ'S OPPOSITION TO DEFENDANTS' MOTION TO STRIKE PORTIONS OF THE FIRST AMENDED COMPLAINT

8/12/2016: PLAINTIFFS NICOLE BAUTISTA AND OSCAR RUIZ'S OPPOSITION TO DEFENDANTS' MOTION TO STRIKE PORTIONS OF THE FIRST AMENDED COMPLAINT

PLAINTIFFS' NOTICE OF WITHDRAWAL OF MOTION TO QUASH SUBPOENA FOR OSCAR RUIZ'S MEDICAL RECORDS, VETERINARY RECORDS, AND RECORDS FROM GUIDE DOGS OF AMERICA

9/12/2016: PLAINTIFFS' NOTICE OF WITHDRAWAL OF MOTION TO QUASH SUBPOENA FOR OSCAR RUIZ'S MEDICAL RECORDS, VETERINARY RECORDS, AND RECORDS FROM GUIDE DOGS OF AMERICA

RULING

9/13/2016: RULING

ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE

9/13/2016: ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE

Minute Order -

9/27/2016: Minute Order -

 

Docket Entries

  • 03/26/2021
  • Docketat 10:30 AM in Department 20, Kevin C. Brazile, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Vacated by Court

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  • 03/26/2021
  • Docketat 08:30 AM in Department 20, Kevin C. Brazile, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Rescheduled by Court

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  • 03/18/2021
  • DocketRequest for Dismissal; Filed by Musclewood Investment Properties, LLC (Cross-Complainant); Edward Lopez (Cross-Complainant)

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  • 03/16/2021
  • DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk

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  • 02/25/2021
  • DocketRequest for Dismissal; Filed by Nicole Bautista (Plaintiff); Oscar Ruiz (Plaintiff)

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  • 02/25/2021
  • DocketProof of Service (not Summons and Complaint); Filed by Oscar Ruiz (Plaintiff)

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  • 01/28/2021
  • Docketat 08:30 AM in Department 20, Kevin C. Brazile, Presiding; Order to Show Cause Re: (Request for entry of default as to Cross Defendant, Carlos Mendez) - Not Held - Vacated by Court

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  • 01/28/2021
  • Docketat 08:30 AM in Department 20, Kevin C. Brazile, Presiding; Status Conference (reSettlement) - Not Held - Vacated by Court

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  • 01/26/2021
  • DocketOrder to Show Cause re: Dismissal (Settlement); Filed by Clerk

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  • 01/26/2021
  • DocketProof of Service (not Summons and Complaint); Filed by Oscar Ruiz (Plaintiff)

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214 More Docket Entries
  • 02/04/2016
  • DocketPROOF OF SERVICE OF SUMMONS AND COMPLAINT ON MUSCLEWOOD INVESTMENT PROPERTIES, LLC

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  • 02/04/2016
  • DocketPROOF OF SERVICE OF SUMMONS AND COMPLAINT ON EDWARD LOPEZ

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  • 02/04/2016
  • DocketProof-Service/Summons

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  • 11/03/2015
  • DocketORDER TO SHOW CAUSE HEARING

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  • 11/03/2015
  • DocketNOTICE OF CASE MANAGEMENT CONEERENCE

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  • 11/03/2015
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 11/03/2015
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

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  • 10/15/2015
  • DocketSUMMONS

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  • 10/14/2015
  • DocketComplaint; Filed by Nicole Bautista (Plaintiff); Oscar Ruiz (Plaintiff)

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  • 10/14/2015
  • DocketCOMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES: FOR DISABILITY DISCRIMINATION IN VIOLATION OF THE DISABLED PERSON ACT; THE BANE ACT; 4EGLIGENCE (CA.1.CIV.CODE 54 ET SEQ. ALCIV.CODE 52.1 ET SEQ, CAL. EVID. CODE 699)

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Tentative Rulings

Case Number: BC597411    Hearing Date: February 24, 2020    Dept: 20

Tentative Ruling

Judge David J. Cowan

Department 20


Hearing Date: Monday, February 24, 2020

Case Name: Bautista, et al. v. Musclewood Investment Properties, LLC, et al.

Case No.: BC597411

Motion: Leave to File Cross-Complaint

Moving Party: Defendants Edward Lopez and Musclewood Property Investment, LLC

Responding Party: *UNOPPOSED*

Notice: OK


Recommended Ruling: Defendants’ Motion for Leave to File a Cross-Complaint is GRANTED. 

Defendants are ordered to file the proposed Cross-Complaint under separate cover within 10 days of this ruling.

The Court now sets a hearing re: service of the cross-complaint for June 4, 2020 at 8:30 a.m. in Department 20.

Moving party to give notice.


ANALYSIS

Defendants Edward Lopez and Musclewood Property Investment, LLC seek leave to file a cross-complaint under CCP sec. 426.50 on the grounds that the proposed cross-complaint states related causes of action arising out of the same occurrence as the complaint and that Defendants acted in good faith in bringing this motion as soon as reasonably possible. “A motion to file a cross-complaint at any time during the course of the action must be granted unless bad faith of the moving party is demonstrated where forfeiture would otherwise result.” (Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 98-99) A finding of bad faith must be supported by substantial evidence. (Id. at 99) “The granting of leave to file a cross-complaint is particularly of importance in avoiding forfeiture of causes of action because of the principle expressed in [CCP sec. 426.30] that cross-complaints relating to the subject of the action must be filed therein or are deemed lost.” (Foot’s Transfer Storage Co. v. Superior Court (1980) 114 Cal.App.3d 897, 900)

The underlying complaint states a cause of action for discrimination under the California Disabled Persons Act based on alleged attacks on Plaintiff’s guide dog by Defendants’ “guard dog.” Defendants’ cross-complaint alleges cross-defendants owned the dog and failed to restrain it—and are thus responsible instead under theories of equitable and comparative indemnity. These causes of action clearly relate to the subject of the underlying action, and so granting leave to file a cross-complaint “is particularly of importance” here. (Foot’s Transfer, supra, at 900)

Defendants have established they acted in good faith in bringing this motion as soon as reasonably possible, in light of post-remand settlement discussions, discovery, and certain extenuating circumstances requiring the continuance of earlier-set hearing dates on this Motion. There is no evidence of any bad faith, and no opposition has been filed. Accordingly, the motion must be granted under Silver Organizations.

CONCLUSION

Defendants’ Motion for Leave to File a Cross-Complaint is GRANTED.

Defendants are ordered to file the proposed Cross-Complaint under separate cover within 10 days of this ruling. The Court sets a hearing re: service of the cross-complaint for June 4, 2020 at 8:30 a.m. in Department 20.

Moving party to give notice.