This case was last updated from Los Angeles County Superior Courts on 06/08/2019 at 02:03:55 (UTC).

SIMON BENMOHA VS PAMELA ABELL ET AL

Case Summary

On 07/11/2016 SIMON BENMOHA filed a Personal Injury - Motor Vehicle lawsuit against PAMELA ABELL. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6546

  • Filing Date:

    07/11/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff and Petitioner

BENMOHA SIMON

Defendants and Respondents

DOES 1 TO 25

ABELL JOHN IV

ABELL PAMELA

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

BRISKIN BORIS ESQ.

GIBALEVICH DANIEL A. ESQ.

Defendant Attorney

MARK R. WEINER & ASSOCIATES

 

Court Documents

Minute Order

12/26/2017: Minute Order

Minute Order

1/11/2018: Minute Order

Minute Order

3/2/2018: Minute Order

DEFENDANTS TRIAL BRIEF

3/16/2018: DEFENDANTS TRIAL BRIEF

Minute Order

3/16/2018: Minute Order

[PROPOSED] JOINT EXHIBIT LIST

3/19/2018: [PROPOSED] JOINT EXHIBIT LIST

Minute Order

3/19/2018: Minute Order

ELECTION TO FORGO AFFIDAVIT (CCP SECTION 170.6)

3/19/2018: ELECTION TO FORGO AFFIDAVIT (CCP SECTION 170.6)

TRIAL TRANSFER ORDER

3/19/2018: TRIAL TRANSFER ORDER

Unknown

3/19/2018: Unknown

[PROPOSED] JOINT TRIAL WITNESS LIST

3/19/2018: [PROPOSED] JOINT TRIAL WITNESS LIST

DEFENDANTS' EXHIBIT LIST

3/19/2018: DEFENDANTS' EXHIBIT LIST

TRIAL BRIEF

3/19/2018: TRIAL BRIEF

STIPULATION AND ORDER TO USE CERTIFIED SHORTHAND REPORTER

3/21/2018: STIPULATION AND ORDER TO USE CERTIFIED SHORTHAND REPORTER

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

7/11/2016: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

SUMMONS

7/11/2016: SUMMONS

ANSWER TO COMPLAINT ON BEHALF OF DEFENDANTS JOHN B. ABELL IV AND PAMELA ABELL; DEMAND FOR TRIAL BY JURY

9/9/2016: ANSWER TO COMPLAINT ON BEHALF OF DEFENDANTS JOHN B. ABELL IV AND PAMELA ABELL; DEMAND FOR TRIAL BY JURY

Unknown

7/13/2017: Unknown

8 More Documents Available

 

Docket Entries

  • 03/21/2018
  • at 10:00 AM in Department 78; Non-Jury Trial - Held - Taken under Submission

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  • 03/21/2018
  • Minute order entered: 2018-03-21 00:00:00; Filed by Clerk

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  • 03/21/2018
  • Minute Order

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  • 03/21/2018
  • STIPULATION AND ORDER TO USE CERTIFIED SHORTHAND REPORTER

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  • 03/21/2018
  • Stipulation and Order to use Certified Shorthand Reporter; Filed by Pamela Abell (Defendant)

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  • 03/19/2018
  • at 08:30 AM in Department 97; Non-Jury Trial (Court Trial - Short Cause; Transferred for Trial) -

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  • 03/19/2018
  • AMENDED JOINT EXHIBIT LIST

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  • 03/19/2018
  • Minute order entered: 2018-03-19 00:00:00; Filed by Clerk

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  • 03/19/2018
  • [PROPOSED] JOINT TRIAL WITNESS LIST

    Read MoreRead Less
  • 03/19/2018
  • Notice of Case Relocation Rescheduling; Filed by Plaintiff

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27 More Docket Entries
  • 12/26/2017
  • at 08:30 AM in Department 97; Final Status Conference (Final Status Conference; Continued by Court) -

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  • 12/26/2017
  • Minute order entered: 2017-12-26 00:00:00; Filed by Clerk

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  • 12/26/2017
  • Minute Order

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  • 07/13/2017
  • CIVIL DEPOSIT

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  • 07/13/2017
  • Receipt; Filed by Pamela Abell (Defendant); John IV Abell (Defendant)

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  • 09/09/2016
  • Answer; Filed by Pamela Abell (Defendant); John IV Abell (Defendant)

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  • 09/09/2016
  • ANSWER TO COMPLAINT ON BEHALF OF DEFENDANTS JOHN B. ABELL IV AND PAMELA ABELL; DEMAND FOR TRIAL BY JURY

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  • 07/11/2016
  • Complaint; Filed by Simon Benmoha (Plaintiff)

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  • 07/11/2016
  • SUMMONS

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  • 07/11/2016
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC626546    Hearing Date: August 18, 2020    Dept: 78

Superior Court of California

County of Los Angeles

Department 78

SIMON BENMOHA;

Plaintiff,

vs.

PAMELA ABELL, et al.,

Defendants.

Case No.:

BC626546

Hearing Date:

August 18, 2020

[TENTATIVE] RULING RE:

Defendants Pamela Abell and john Abell, Iv’s motion to amend judgment on bench trial

Defendants Pamela Abell and John Abell, IV’s Motion to Amend Judgment is GRANTED. Pamela Abell’s requested costs of $2,426.60 are to be entered on the judgment.

FACTUAL BACKGROUND

This is a motor vehicle personal injury case. The Complaint alleges as follows. Defendants Pamela Abell and John Abell, IV operated a vehicle in a negligent and reckless matter such that the vehicle collided with Plaintiff Simon Benmoha’s vehicle, causing bodily injuries and damages to the motor vehicle. (Compl. GN-1.)

PROCEDURAL BACKGROUND

Plaintiff filed the Complaint on July 11, 2016, alleging two causes of action:

  1. Motor Vehicle

  2. General Negligence

On March 19, 2018, a bench trial took place.

On October 21, 2019, the Court entered judgment in favor of Defendant Pamela Abell and against Benmoha.

On October 30, 2019, Defendants filed a Memorandum of Costs.

On May 6, 2020, Defendants filed the instant Motion to Amend Judgment.

No Opposition has been filed.

DISCUSSION

  1. MOTION TO AMEND JUDGMENT

    On October 21, 2019, the Court entered judgment in favor of Defendant Pamela Abell and against Benmoha. The judgment held that Benmoha would take nothing from Abell and Abell would recover costs from Benmoha to be determined by the memorandum of costs.

    On October 30, 2019, Defendants filed a timely Memorandum of Costs pursuant to California Rules of Court, Rule 3.1700, subdivision (a).

    Defendant Pamela Abell (“Abell”) states that she was the prevailing party in this matter, that she timely filed and served her memorandum of costs, that Plaintiff did not file a motion challenging her costs, and that the clerk “should have added defendant’s costs to the judgment” but has not. (Motion at pp. 3-4.) Abell contends that she is entitled to have her costs entered on the judgment. (Motion at p. 4.)

    California Rules of Court, Rule 3.1700, subdivision (b)(4) states: “After the time has passed for a motion to strike or tax costs or for determination of that motion, the clerk must immediately enter the costs on the judgment.” (Cal. Rules of Court, Rule 3.1700(b)(4).)

    The Court agrees with Abell. The judgment provides for costs to be determined by a Memorandum of Costs, Abell timely filed her Memorandum of Costs, and the Memorandum of Costs was unopposed by Plaintiff. A motion to strike or tax costs must be served and filed 15 days after service of the cost memorandum. (Cal. Rules of Court, Rule 3.1700(b)(1). The Memorandum of Costs in this case was filed and served on October 30, 2019, Abell filed a Proof of Service with the Memorandum, and Plaintiff did not file a motion to strike or tax costs by November 14, 2019. Accordingly, under Rule 3.1700(b)(4), the clerk should have immediately entered the requested costs on the judgment. Plaintiff has not filed an Opposition to this Motion. Accordingly, this Motion is unopposed.

    After judgment, the court retains authority to correct clerical errors without temporal limitation. (Aspen Internat. Capital Corp. v. Marsch (1991) 235 Cal.App.3d 1199, 1206.) The inclusion of costs in a judgment is a “ministerial matter” that may be corrected after final judgment. (Miles Cal. Co. v. Hawkins (1959) 175 Cal.App.2d 162, 165 [“Obviously, if the clerk has the duty to include the costs, his act in doing so, or the act of the judge, if the clerk does not do so, in including costs is a ministerial matter and the failure of either to perform that ministerial statutory duty can be corrected as was done in this case though the judgment is final upon entry.”].)

    Accordingly, the Motion to Amend Judgment is GRANTED. Abell’s requested costs of $2,426.60 are to be entered in the judgment.

    DATED: August 18, 2020 ________________________________

Hon. Robert S. Draper

Judge of the Superior Court