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This case was last updated from Los Angeles County Superior Courts on 04/02/2016 at 22:52:59 (UTC).

SALVADOR MARTINEZ ET AL VS EL 7 MARES RESTAURANT ET AL

Case Summary

On 10/03/2014 SALVADOR MARTINEZ filed a Personal Injury - Other Personal Injury lawsuit against EL 7 MARES RESTAURANT. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is MICHELLE WILLIAMS COURT. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9547

  • Filing Date:

    10/03/2014

  • 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

MICHELLE WILLIAMS COURT

 

Party Details

Plaintiffs and Petitioners

MARTINEZ SALVADOR

MARTINEZ TERESA

Defendants and Respondents

DOES 1 TO 50

EL 7 MARES RESTAURANT

PRECIADO ANDRE ARRIAGA

DIAZ SERGIO SALAZAR (DOE 1)

Minors

MARTINEZ AIDEN

MARTINEZ DIEGO

Guardian Ad Litems

CURIEL ELEONOR LOPEZ

GARCIA RUBI

Attorney/Law Firm Details

Plaintiff, Petitioner and Minor Attorney

MCKIERMAN JAMES ESQ.

 

Court Documents

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

11/6/2014: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

11/6/2014: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

STATEMENT OF DAMAGES (PERSONAL INJURY OR WRONGFUL DEATH)

3/24/2015: STATEMENT OF DAMAGES (PERSONAL INJURY OR WRONGFUL DEATH)

STATEMENT OF DAMAGES (PERSONAL INJURY OR WRONGFUL DEATH)

3/24/2015: STATEMENT OF DAMAGES (PERSONAL INJURY OR WRONGFUL DEATH)

AMENDMENT TO COMPLAINT

3/27/2015: AMENDMENT TO COMPLAINT

STATEMENT OF DAMAGES (PERSONAL INJURY OR WRONGFUL DEATH)

6/9/2015: STATEMENT OF DAMAGES (PERSONAL INJURY OR WRONGFUL DEATH)

Minute Order

3/18/2016: Minute Order

ORDER SETTING MATTER FOR BENCH TRIAL RE: DEFAULT PROVE-UP

12/5/2016: ORDER SETTING MATTER FOR BENCH TRIAL RE: DEFAULT PROVE-UP

JUDGMENT/COURT AFT DEFAULT

1/23/2017: JUDGMENT/COURT AFT DEFAULT

DEFENDANTS EL 7 MARES RESTAURANT AND SERGIO DIAZ SALAZAR'S NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF YUK K. LAW, ESQ.

3/30/2017: DEFENDANTS EL 7 MARES RESTAURANT AND SERGIO DIAZ SALAZAR'S NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF YUK K. LAW, ESQ.

PLAINTIFF'S PRODUCTION OF RESPONSIVE DOCUMENTS PURSUANT TO THE COURT'S REQUEST

5/8/2017: PLAINTIFF'S PRODUCTION OF RESPONSIVE DOCUMENTS PURSUANT TO THE COURT'S REQUEST

NOTICE OF ERRATA IN PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO SET ASIDE DEFAULT JUDGMENT

5/8/2017: NOTICE OF ERRATA IN PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO SET ASIDE DEFAULT JUDGMENT

DEMAND FOR JURY TRIAL

5/17/2017: DEMAND FOR JURY TRIAL

PLAINTIFFS' 1OTION TO RECONSIDER [THE MAY 8, 2017 ORDER SETTING ASIDE DEFAULT JUDGMENT]

5/23/2017: PLAINTIFFS' 1OTION TO RECONSIDER [THE MAY 8, 2017 ORDER SETTING ASIDE DEFAULT JUDGMENT]

NOTICE OF APPEAL/CROSS-APPEAL (UNLIMITED CIVIL CASE) (APPELLATE)

7/7/2017: NOTICE OF APPEAL/CROSS-APPEAL (UNLIMITED CIVIL CASE) (APPELLATE)

Minute Order

7/10/2017: Minute Order

NOTICE OF RULING DENYING PLAINTIFFS' MOTION TO RECONSIDER

7/19/2017: NOTICE OF RULING DENYING PLAINTIFFS' MOTION TO RECONSIDER

NOTICE OF FEES DUE FOR CLERK'S TRANSCRIPT ON APPEAL

12/7/2017: NOTICE OF FEES DUE FOR CLERK'S TRANSCRIPT ON APPEAL

51 More Documents Available

 

Docket Entries

  • 06/09/2015
  • Statement of Damages Filed by Attorney for Pltf/Petnr

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  • 06/09/2015
  • Default Entered (as to Sergio Salazar Diaz ) Filed by Attorney for Pltf/Petnr

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  • 04/21/2015
  • Proof-Service/Summons Filed by Attorney for Plaintiff/Petitioner

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  • 04/16/2015
  • Proof of Service Filed by Attorney for Pltf/Petnr

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  • 04/16/2015
  • Default Entered (AS EL 7 MARES RESTAURANT ) Filed by Attorney for Pltf/Petnr

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  • 04/08/2015
  • Summons Filed Filed by Attorney for Plaintiff/Petitioner

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  • 03/27/2015
  • Amendment to Complaint (DOE 1 - SERGIO SALAZAR DIAZ ) Filed by Attorney for Plaintiff/Petitioner

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  • 03/24/2015
  • Request to Enter Default (IS REJECTED AS EL #28 ) Filed by Attorney for Pltf/Petnr

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  • 03/24/2015
  • Statement of Damages (4 ) Filed by Attorney for Pltf/Petnr

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  • 01/30/2015
  • Proof-Service/Summons Filed by Attorney for Plaintiff/Petitioner

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  • 01/30/2015
  • Proof of Service (BY MAIL ) Filed by Attorney for Plaintiff/Petitioner

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  • 11/12/2014
  • Ord Apptng Guardian Ad Litem (FOR DIEGO AARON MARTINEZ ) Filed by Attorney for Pltf/Petnr

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  • 11/12/2014
  • Ord Apptng Guardian Ad Litem (FOR ADEN MARTINEZ ) Filed by Attorney for Pltf/Petnr

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  • 11/06/2014
  • Application-Miscellaneous (FOR ADEN MARTINEZ GUARDIAN AD LITEM(FAXED) ) Filed by Attorney for Pltf/Petnr

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  • 11/06/2014
  • Application-Miscellaneous (FOR DIEGO AARON MARTINEZ GUARDIAN AD LITEM(FAXED) ) Filed by Attorney for Pltf/Petnr

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  • 10/03/2014
  • Complaint

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Tentative Rulings

Case Number: BC559547    Hearing Date: December 02, 2020    Dept: F47

Dept. F-47

Date: 12/2/20

Case #BC559547

MINOR’S COMPROMISE

Petition filed on 11/6/20.

MINOR: Aden Martinez

GAL: Ruby Garcia (parent)

DEFENDANTS: El 7 Mares Restaurant and Sergio Diaz Salazar

SUMMARY OF ACTION: This action arises out of an incident that occurred on 10/6/12 at approximately 1:30 a.m. in the parking lot of Defendant El 7 Mares Restaurant. At that time, Minor’s father/decedent Diego Mendoza Martinez was involved in an altercation with Andre Preciado Arriaga wherein Martinez was stabbed several times and died as a result of his injuries. Both Decedent and Arriaga were known patrons of El 7 Mares. Defendant Sergio Diaz Salazar is an owner of the restaurant. Plaintiffs have sued Defendants for general negligence/premises liability. Minor has not received any treatment.

SETTLEMENT: Defendants El 7 Mares Restaurant and Sergio Diaz Salazar’s insurance company will issue one settlement draft in the amount of $300,000.00 in return for a Release of All Claims against its insured, payable to the 4 Plaintiffs’ lawyer. The $300,000.00 is to be split equally among the 4 Plaintiffs. As a result, Plaintiff will receive $75,000.00.

ATTORNEY FEES: $18,750.00

MEDICAL BILLS: $0

EXPENSES: $4,500.00

AMOUNT TO BE PAID TO MINOR: $51,750.00 to be placed in a blocked account.

RULING: The hearing will be continued.

The petition and orders fail to indicate that the petitioner is also the minor’s Guardian ad Litem. (See Petition #3.b.; Order to Deposit Money In Blocked Account #1; Order Approving Compromise #1, #3.b.).

#11 in the petition should clarify that the minor is only receiving $75,000.00 from the global $300,000.00 settlement.

# 21 in the Petition and #12 in the Order Approving Compromise should also state that the $300,000.00 global settlement will be divided equally among the 4 plaintiffs.

Dept. F-47

Date: 12/4/20

Case #BC559547

MINOR’S COMPROMISE

Petition filed on 11/6/20.

MINOR: Diego Aaron Martinez

GAL: Eleonor Lopez Curiel (parent)

DEFENDANTS: El 7 Mares Restaurant and Sergio Diaz Salazar

SUMMARY OF ACTION: This action arises out of an incident that occurred on 10/6/12 at approximately 1:30 a.m. in the parking lot of Defendant El 7 Mares Restaurant. At that time, Minor’s father/decedent Diego Mendoza Martinez was involved in an altercation with Andre Preciado Arriaga wherein Martinez was stabbed several times and died as a result of his injuries. Both Decedent and Arriaga were known patrons of El 7 Mares. Defendant Sergio Diaz Salazar is an owner of the restaurant. Plaintiffs have sued Defendants for general negligence/premises liability. Minor has not received any treatment.

SETTLEMENT: Defendants El 7 Mares Restaurant and Sergio Diaz Salazar’s insurance company will issue one settlement draft in the amount of $300,000.00 in return for a Release of All Claims against its insured, payable to the 4 Plaintiffs’ lawyer. The $300,000.00 is to be split equally among the 4 Plaintiffs. As a result, Plaintiff will receive $75,000.00.

ATTORNEY FEES: $18,750.00

MEDICAL BILLS: $0

EXPENSES: $4,500.00

AMOUNT TO BE PAID TO MINOR: $51,750.00 to be placed in a blocked account.

RULING: The hearing will be continued.

The petition and orders fail to indicate that the petitioner is also the minor’s Guardian ad Litem. (See Petition #3.b.; Order to Deposit Money In Blocked Account #1; Order Approving Compromise #1, #3.b.).

#11 in the petition should clarify that the minor is only receiving $75,000.00 from the global $300,000.00 settlement.

# 21 in the Petition and #12 in the Order Approving Compromise should also state that the $300,000.00 global settlement will be divided equally among the 4 plaintiffs.

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