This case was last updated from Los Angeles County Superior Courts on 05/31/2019 at 02:33:09 (UTC).

PATRICIA ZIEGLER VS THE BAYS CLUBS COMPANY

Case Summary

On 11/01/2016 PATRICIA ZIEGLER filed a Personal Injury - Other Personal Injury lawsuit against THE BAYS CLUBS COMPANY. This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. The Judge overseeing this case is H. CHESTER HORN, JR.. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8802

  • Filing Date:

    11/01/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Courthouse:

    Santa Monica Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

H. CHESTER HORN, JR.

 

Party Details

Plaintiffs and Petitioners

ZIEGLER PATRICIA

PATRICIA ZIEGLER

Defendants and Respondents

DOES 1 THROUGH 100

THE BAY CLUBS COMPANY LLC

THE BAY CLUB COMPANY

KHAN MOE DOE 2

BAY CLUD SOUTH BAY LLC

Not Classified By Court

PARKER LISA MARIE

RYAN LECLAIR

LEHMAN AUDREY

TEST PARTY FOR TRUST CONVERSION

PEEPLES GAIL

DAVIDSON GAIL R.

O'TOOLE EILEEN K.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

STRICKLAND WILLIAM E. ESQ

WILLIAM STRICKLAND

Defendant Attorneys

CRANERT TERRENCE L. ESQ.

LECLAIR RYAN

MAVREDAKIS & CRANERT

RYAN LECLAIR

 

Court Documents

Answer

1/3/2017: Answer

Unknown

8/29/2017: Unknown

DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND

10/16/2017: DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND

Reply

10/17/2017: Reply

ORDER CONDITIONALLY GRANTING MOTION FOR LEAVE TO AMEND

10/27/2017: ORDER CONDITIONALLY GRANTING MOTION FOR LEAVE TO AMEND

PLAINTIFF'S SEPARATE STATEMENT AND ADDITIONAL FACTS IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT

11/3/2017: PLAINTIFF'S SEPARATE STATEMENT AND ADDITIONAL FACTS IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT

DEFENDANT'S SUR-REPLY BRIEF IN RESPONSE TO OPPOSITION OF PLAINTIFF TO DEFENDANT'S REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGEMENT; ETC.

11/22/2017: DEFENDANT'S SUR-REPLY BRIEF IN RESPONSE TO OPPOSITION OF PLAINTIFF TO DEFENDANT'S REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGEMENT; ETC.

Motion in Limine

11/28/2017: Motion in Limine

Motion in Limine

2/23/2018: Motion in Limine

Reply

4/2/2018: Reply

Opposition

4/2/2018: Opposition

Opposition

4/2/2018: Opposition

DEFENDANT'S THE BAY CLUBS COMPANY, LLC; AND BAY CLUB SOUTH BAY, LLC DBA THE BAY CLUB COMPANY TRIAL BRIEF

4/4/2018: DEFENDANT'S THE BAY CLUBS COMPANY, LLC; AND BAY CLUB SOUTH BAY, LLC DBA THE BAY CLUB COMPANY TRIAL BRIEF

DEFENDANTS MOTION IN LIMINE NO. 5 PRECLUDING TESTIMONY OR EVIDENCE OR MENTIONING OF SUBSEQUENT REMEDIAL MEASURES THAT DEFENDANTS MAY HAVE TAKEN AT THE SCENE OF THE INCIDENT, SUBSEQUENT TO THE INCIDENT

4/4/2018: DEFENDANTS MOTION IN LIMINE NO. 5 PRECLUDING TESTIMONY OR EVIDENCE OR MENTIONING OF SUBSEQUENT REMEDIAL MEASURES THAT DEFENDANTS MAY HAVE TAKEN AT THE SCENE OF THE INCIDENT, SUBSEQUENT TO THE INCIDENT

JOINT WITNESS LIST

4/5/2018: JOINT WITNESS LIST

DEFENDANTS? OPPOSITION TO PLAINTIFF?S MOTION. IN LIMINE NO. 5 TO EXCLUDE EVIDENCE OF WAIVER SIGNED BY PLAINTIFF

4/6/2018: DEFENDANTS? OPPOSITION TO PLAINTIFF?S MOTION. IN LIMINE NO. 5 TO EXCLUDE EVIDENCE OF WAIVER SIGNED BY PLAINTIFF

Minute Order

4/9/2018: Minute Order

Unknown

4/16/2018: Unknown

113 More Documents Available

 

Docket Entries

  • 12/21/2018
  • Appeal Record Delivered; Filed by Clerk

    Read MoreRead Less
  • 11/13/2018
  • Appellate Order Extending Time for Reporter Transcript Prep (ORDER GRANTING EXTENSTION ON APPEAL FILED 7/24/18); Filed by Clerk

    Read MoreRead Less
  • 09/18/2018
  • Ntc to Reptr/Mon to Prep Transcrpt; Filed by Clerk

    Read MoreRead Less
  • 09/18/2018
  • NOTICE TO REPORTER TO PREPARE TRANSCRIPT ON APPEAL (UNLIMITED CIVIL)

    Read MoreRead Less
  • 08/07/2018
  • NOTICE OF FILING OF NOTICE OF APPEAL (UNLIMITED JURISDICTION)

    Read MoreRead Less
  • 08/07/2018
  • Ntc to Attorney re Notice of Appeal; Filed by Clerk

    Read MoreRead Less
  • 08/03/2018
  • APPELLANTS NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE)

    Read MoreRead Less
  • 07/24/2018
  • NOTICE OF APPEAL

    Read MoreRead Less
  • 07/24/2018
  • Notice; Filed by Defendant

    Read MoreRead Less
  • 07/24/2018
  • Notice (OF FILING UNDERTAKING ON APPEAL ); Filed by Attorney for Defendant

    Read MoreRead Less
348 More Docket Entries
  • 12/15/2016
  • Statement of Damages (Personal Injury or Wrongful Death); Filed by Patricia Ziegler (Plaintiff)

    Read MoreRead Less
  • 12/15/2016
  • Amendment to Complaint (Fictitious Name)

    Read MoreRead Less
  • 12/15/2016
  • Statement of Damages (Personal Injury or Wrongful Death)

    Read MoreRead Less
  • 12/15/2016
  • Amendment to Complaint; Filed by Patricia Ziegler (Plaintiff)

    Read MoreRead Less
  • 11/15/2016
  • PROOF OF SERVICE OF SUMMONS

    Read MoreRead Less
  • 11/15/2016
  • Proof of Service (not Summons and Complaint); Filed by Patricia Ziegler (Plaintiff)

    Read MoreRead Less
  • 11/01/2016
  • Civil Case Cover Sheet

    Read MoreRead Less
  • 11/01/2016
  • Complaint

    Read MoreRead Less
  • 11/01/2016
  • Summons; Filed by Plaintiff/Petitioner

    Read MoreRead Less
  • 11/01/2016
  • Complaint; Filed by Patricia Ziegler (Plaintiff)

    Read MoreRead Less

Tentative Rulings

Case Number: BC638802    Hearing Date: April 27, 2021    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

PATRICIA ZIEGLER,

Plaintiff(s),

vs.

THE BAYS CLUBS COMPANY, LLC, ET AL.,

Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

CASE NO: BC638802

[TENTATIVE] ORDER GRANTING MOTION FOR ORDER RELEASING SURETY FROM LIABILITY ON ZURICH BOND NO. CGB9259944

Dept. 31

1:30 p.m.

April 27, 2021

 

  1. Background

    Plaintiff, Patricia Ziegler (“Plaintiff”) filed this action against Defendants, the Bays Club Company, LLC and Bay Club South Bay, LLC dba the Bay Club Company (collectively, “Defendants”) for negligence and premises liability.

    On 5/14/18, following a jury trial, judgment was entered in Plaintiff’s favor against Defendant. On 7/24/18, Defendant filed a Notice of Filing Undertaking on Appeal providing Defendants filed an Undertaking on Appeal, Bond No. CGB9259944, in the amount of $732,355.35. Defendants filed a Notice of Filing Notice of Appeal on 8/7/18.

    On 3/12/20, Plaintiff filed an Acknowledgement of Satisfaction of Judgment acknowledging satisfaction of the judgment in full. On 4/30/20, the Remittitur was filed providing the judgment in Plaintiff’s favor was affirmed.

    On 7/28/20, Defendants filed the instant motion seeking order for release of surety from liability on Bond. No. CGB9259944.

    This matter was originally heard on 3/25/21, where it was continued for Defendants to give notice. On 3/26/21, Defendants filed Notice of Continuance of the subject hearing.

  2. Motion for Order Releasing Surety from Liability

    Defendants provide Bond No. CGB9259944, in the amount of $732,355.35 was previously deposited with this court on 7/24/18, and Plaintiff filed an Acknowledgement of Full Satisfaction of Judgment on 3/12/20. Defendants, thus, seek for an order releasing the Surety Bond pursuant to CCP § 996.110(a).

    CCP § 996.110(a) states: “A surety on a bond given in an action or proceeding may at any time apply to the court for an order that the surety be released from liability on the bond.” “Upon the hearing of the application, the court shall determine whether injury to the beneficiary would result from substitution or release of the surety. If the court determines that release would not reduce the amount of the bond or the number of sureties below the minimum required by the statute providing for the bond, substitution of a sufficient surety is not necessary and the court shall order the release of the surety.” (CCP § 996.120.)

    A bond can be rescinded only by a court order following a properly noticed hearing. (See Lewin v. Anselmo (1997) 56 Cal.App.4th 694, 700.)

    Here, Defendants’ motion is unopposed and granted. The beneficiary will not be injured by the release of the surety. (CCP § 9996.120.)

    Defendants are ordered to give notice.

    Parties who intend to submit on this tentative must send an email to the court at sscdept31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.orgIf the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear remotely.

     

    Dated this 27th day of April, 2021

Hon. Thomas D. Long

Judge of the Superior Court

Case Number: BC638802    Hearing Date: March 25, 2021    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

PATRICIA ZIEGLER,

Plaintiff(s),

vs.

THE BAYS CLUBS COMPANY, LLC, ET AL.,

Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

CASE NO: BC638802

[TENTATIVE] ORDER GRANTING MOTION FOR ORDER RELEASING SURETY FROM LIABILITY ON ZURICH BOND NO. CGB9259944

Dept. 31

1:30 p.m.

March 25, 2021

 

  1. Background

    Plaintiff, Patricia Ziegler (“Plaintiff”) filed this action against Defendants, the Bays Club Company, LLC and Bay Club South Bay, LLC dba the Bay Club Company (collectively, “Defendants”) for negligent and premises liability.

    On 5/14/18, following a jury trial, judgment was entered in Plaintiff’s favor against Defendant. On 7/24/18, Defendant filed a Notice of Filing Undertaking on Appeal providing Defendants filed an Undertaking on Appeal, Bond No. CGB9259944, in the amount of $732,355.35. Defendants filed a Notice of Filing Notice of Appeal on 8/7/18.

    On 3/12/20, Plaintiff filed an Acknowledgement of Satisfaction of Judgment acknowledging satisfaction of the judgment in full. On 4/30/20, the Remittitur was filed providing the judgment in Plaintiff’s favor was affirmed.

    On 7/28/20, Defendants filed the instant motion seeking order for release of surety from liability on Bond. No. CGB9259944.

    This matter was originally set to be heard on 12/18/20. However, due to the fact the court was not available to hear motions on this date, the hearing was continued to 3/25/21 and ordered moving party, Defendants, to give notice of the hearing date. (Min. Order 11/12/20.) As of 3/22/21, Defendants have not filed any such notice with this court.

    The hearing on the motion is continued to _________________ at 1:30 p.m. in Department 31 of the Spring Street Courthouse. If this date is not an available date for Defendants, Defendants may use the online reservation system to change the hearing date to the next available convenient date in the system.

    Alternatively, if Defendants can produce evidence they properly gave notice of the subject hearing date as ordered, the court rules as follows:

  2. Motion for Order Releasing Surety from Liability

    Defendants provide Bond No. CGB9259944, in the amount of $732,355.35 was previously deposited with this court on 7/24/18, and Plaintiff filed an Acknowledgement of Full Satisfaction of Judgment on 3/12/20. Defendants, thus, seek for an order releasing the Surety Bond pursuant to CCP § 996.110(a).

    CCP § 996.110(a) states: “A surety on a bond given in an action or proceeding may at any time apply to the court for an order that the surety be released from liability on the bond.” “Upon the hearing of the application, the court shall determine whether injury to the beneficiary would result from substitution or release of the surety. If the court determines that release would not reduce the amount of the bond or the number of sureties below the minimum required by the statute providing for the bond, substitution of a sufficient surety is not necessary and the court shall order the release of the surety.” (CCP § 996.120.)

    A bond can be rescinded only by a court order following a properly noticed hearing. (See Lewin v. Anselmo (1997) 56 Cal.App.4th 694, 700.)

    Here, Defendants’ motion is unopposed and granted. The beneficiary will not be injured by the release of the surety. (CCP § 9996.120.)

    Defendants are ordered to give notice.

    Parties who intend to submit on this tentative must send an email to the court at sscdept31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.orgIf the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear remotely.

     

    Dated this 25th day of March, 2021

Hon. Thomas D. Long

Judge of the Superior Court

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where The Bay Club Company LLC is a litigant

Latest cases where TEST PARTY FOR TRUST CONVERSION is a litigant

Latest cases represented by Lawyer CRANERT TERRENCE L