This case was last updated from Los Angeles County Superior Courts on 05/31/2019 at 00:10:21 (UTC).

STEPHANIE GREENE VS LINDA PENA ET AL

Case Summary

On 03/03/2016 STEPHANIE GREENE filed a Personal Injury - Other Product Liability lawsuit against LINDA PENA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is LAURA A. SEIGLE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2295

  • Filing Date:

    03/03/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

LAURA A. SEIGLE

 

Party Details

Plaintiff and Petitioner

GREENE STEPHANIE

Defendants and Respondents

PENA LINDA

PENA MICHAEL R.

DOES 1 TO 10

ESTATE OF DECEDENT LINDA PENA DOE 1

DOE 2 TO 10

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

COMMERCE LAW GROUP

MACKAY SASSAN AMIR

 

Court Documents

REQUEST FOR ENTRY OF DEFAULT

12/13/2017: REQUEST FOR ENTRY OF DEFAULT

Minute Order

3/13/2018: Minute Order

AMENDED TO COMPLAINT

3/21/2018: AMENDED TO COMPLAINT

PROOF OF SERVICE SUMMONS

5/24/2018: PROOF OF SERVICE SUMMONS

Minute Order

6/1/2018: Minute Order

REQUEST FOR ENTRY OF DEFAULT

8/31/2018: REQUEST FOR ENTRY OF DEFAULT

REQUEST FOR ENTRY OF DEFAULT

8/31/2018: REQUEST FOR ENTRY OF DEFAULT

Minute Order

9/5/2018: Minute Order

Minute Order

1/8/2019: Minute Order

Notice of Change of Address or Other Contact Information

1/28/2019: Notice of Change of Address or Other Contact Information

ORDER ON COURT FEE WAIVER (SUPERIOR COURT)

3/4/2016: ORDER ON COURT FEE WAIVER (SUPERIOR COURT)

PROOF OF SERVICE SUMMONS AND COMPLAINT

5/5/2016: PROOF OF SERVICE SUMMONS AND COMPLAINT

REQUEST FOR ENTRY OF DEFAULT

2/24/2017: REQUEST FOR ENTRY OF DEFAULT

REQUEST FOR ENTRY OF DEFAULT

2/24/2017: REQUEST FOR ENTRY OF DEFAULT

REQUEST FOR ENTRY OF DEFAULT

7/10/2017: REQUEST FOR ENTRY OF DEFAULT

SUMMONS

8/17/2017: SUMMONS

PROOF OF SERVICE SUMMONS

10/13/2017: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

10/13/2017: PROOF OF SERVICE SUMMONS

17 More Documents Available

 

Docket Entries

  • 05/07/2019
  • at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Order to Show Cause Re: Dismissal - Not Held - Continued - Court's Motion

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  • 05/07/2019
  • Minute Order ( (Order to Show Cause Re: Dismissal)); Filed by Clerk

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  • 05/02/2019
  • Request for Entry of Default / Judgment; Filed by Stephanie Greene (Plaintiff)

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  • 04/29/2019
  • Statement of Damages (Personal Injury or Wrongful Death); Filed by Stephanie Greene (Plaintiff)

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  • 04/29/2019
  • Statement of Damages (Personal Injury or Wrongful Death); Filed by Stephanie Greene (Plaintiff)

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  • 03/04/2019
  • at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Order to Show Cause Re: Dismissal - Not Held - Vacated by Court

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  • 01/28/2019
  • Notice of Change of Address or Other Contact Information; Filed by Sassan Amir Mackay (Attorney)

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  • 01/08/2019
  • at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; (OSC-Failure to File Default Judg) - Held - Continued

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  • 01/08/2019
  • Minute Order ((Legacy Event Type : OSC-Failure to File Default Judg)); Filed by Clerk

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  • 09/05/2018
  • at 08:30 AM in Department 7; (OSC RE Dismissal; Matter continued) -

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40 More Docket Entries
  • 05/05/2016
  • PROOF OF SERVICE SUMMONS AND COMPLAINT

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  • 05/05/2016
  • PROOF OF SERVICE SUMMONS AND COMPLAINT

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  • 05/05/2016
  • Proof-Service/Summons; Filed by Stephanie Greene (Plaintiff)

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  • 05/05/2016
  • Proof-Service/Summons; Filed by Stephanie Greene (Plaintiff)

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  • 05/05/2016
  • Proof-Service/Summons; Filed by Stephanie Greene (Plaintiff)

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  • 03/04/2016
  • ORDER ON COURT FEE WAIVER (SUPERIOR COURT)

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  • 03/04/2016
  • Order on Court Fee Waiver (Superior Court); Filed by Clerk

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  • 03/03/2016
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 03/03/2016
  • Complaint; Filed by Stephanie Greene (Plaintiff)

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  • 03/03/2016
  • Request to Waive Court Fees; Filed by Stephanie Greene (Plaintiff)

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Tentative Rulings

Case Number: BC612295    Hearing Date: February 16, 2021    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

STEPHANIE GREENE,

Plaintiff,

vs.

LINDA PENA, et al.,

Defendants.

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CASE NO.: BC612295

[TENTATIVE] ORDER RE: APPLICATION FOR DEFAULT JUDGMENT

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On March 3, 2016, plaintiff Stephanie Greene filed this premises liability action against defendants Linda Pena, Michael R. Pena, and Does 1 to 10 arising from a trip-and-fall. Plaintiff alleges she was in Defendants’ residence. Defendants ran an extension cord to her room from another room due to a broken electrical outlet in her room. Plaintiff alleges the extension cord was improperly secured and caused her to trip and fall, sustaining severe injuries and damages requiring medical treatment. Defendant Linda Pena was personally served with the summons and complaint on April 2, 2016; Defendant Michael Pena was personally served with the summons and complaint on April 24, 2016. Plaintiff requested entry of default on February 24, 2017. However, the summons was not filed and stamped. Therefore, Defendants were personally served again on October 1, 2017 with the file-stamped summons and Complaint.

On December 13, 2017, Plaintiff again requested the entry of default against Defendants but was denied because she failed to serve a statement of damages on them.

On March 21, 2018, Plaintiff amended the Complaint to name the Estate of Linda Pena as Doe 1. The summons, complaint, and amendment to the complaint were served on Michael R. Pena on May 11, 218. A proof of service was filed on May 24, 2020 declaring that the summons, complaint and amendment to the complaint were served on “Estate of Decedent Linda Pena” by personal service on May 11, 2018. Plaintiff’s third request for default on August 31, 2018 was denied again.

On August 31, 2018, Plaintiff filed a Statement of Damages requesting $7,000 in pain, suffering, and inconvenience; $10,000 in medical expenses; and $10,000 in future medical expenses. No proof of service was attached.

On April 29, 2019, Plaintiff filed a different Statement of Damages claiming $70,000 in pain, suffering, and inconvenience; $40,077 in medical expenses; and $10,000 in future mdical expenses. The proof of service states Michael R. Pena, Estate of Linda Pena and Michael R. Pena was served with the Statement of Damages by personal service on February 22, 2019.

Default was entered as to Michael Pena on May 2, 2019. Default as to the Estate of Linda Pena was entered on August 14, 2019.

Plaintiff seeks default judgment in the amount of $70,000 against Michael R. Pena and the Estate of Linda Pena. The application is deficient in several ways. First, there is no Judicial Council Form CIV-100 requesting a default judgment. Second, Sassan Mackay, Plaintiff’s counsel of record, submits a declaration in support of Plaintiff’s default application summarizing the procedural history of the case and allegations in the complaint. But, there is no declaration submitted by anyone with personal knowledge of the incidents alleged in the Complaint.. Similarly, Mackay’s declaration states that the $70,000 sought are general damages, but there is no evidence submitted by someone with personal knowledge that warrants an award of $70,000 in pain, suffering, and inconvenience.

Accordingly, Plaintiff’s application for default judgment is DENIED without prejudice.

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