This case was last updated from Los Angeles County Superior Courts on 05/13/2021 at 20:21:32 (UTC).

TIFFANY MARIE ANDERSON VS KAZUMASA YAMAFUJI ET AL

Case Summary

On 12/28/2016 TIFFANY MARIE ANDERSON filed a Personal Injury - Motor Vehicle lawsuit against KAZUMASA YAMAFUJI. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are JON R. TAKASUGI, HOLLY E. KENDIG and THOMAS D. LONG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5134

  • Filing Date:

    12/28/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Norwalk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

JON R. TAKASUGI

HOLLY E. KENDIG

THOMAS D. LONG

 

Party Details

Plaintiffs, Petitioners and Cross Defendants

ANDERSON TIFFANY MARIE

CITY OF LAKEWOOD

Defendants, Respondents and Cross Plaintiffs

YAMAFUJI KIYOTAKA

YAMAFUJI KAZUMASA

DOES 1 TO 25

BABY HEALTH CARE INC.

OXIM INC.

OXIM INTERNATIONAL INC.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

GABRIEL SAMUEL F. ESQ.

BORDIN-WOSK JOSHUA

Defendant and Cross Plaintiff Attorneys

MACDONALD SCOTT L. ESQ.

LAW OFFICE OF TIMOTHY J. O'SHEA

MAY CHARLES DUDLEY JR

ROSE LAUREN L.

O'SHEA TIMOTHY JOHN

MACDONALD SCOTT LEE ESQ.

FACCONE JOSEPH JR

Cross Defendant Attorney

BARBER JOHN COCHRANE

 

Court Documents

Petition - PETITION NOTICE OF HEARING AND PETITION FOR RELIEF FROM GOVT. CODE SECTION 945.4; [GOVT.CODE 946.6

11/5/2019: Petition - PETITION NOTICE OF HEARING AND PETITION FOR RELIEF FROM GOVT. CODE SECTION 945.4; [GOVT.CODE 946.6

Notice of Related Case

11/19/2019: Notice of Related Case

Notice of Motion

1/3/2020: Notice of Motion

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL DATE;)

1/22/2020: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL DATE;)

Minute Order - MINUTE ORDER (COURT ORDER REGARDING ADVANCING AND CONTINUING THE HEARING SE...)

4/1/2020: Minute Order - MINUTE ORDER (COURT ORDER REGARDING ADVANCING AND CONTINUING THE HEARING SE...)

Minute Order - MINUTE ORDER (COURT ORDER ADVANCING AND CONTINUING HEARING DATE;)

5/1/2020: Minute Order - MINUTE ORDER (COURT ORDER ADVANCING AND CONTINUING HEARING DATE;)

Notice of Related Case

6/30/2020: Notice of Related Case

Notice - NOTICE OF COURT ORDER RE NOTICE OF RELATED CASE

7/27/2020: Notice - NOTICE OF COURT ORDER RE NOTICE OF RELATED CASE

Notice of Lodging - NOTICE OF LODGING DEPOSITION TRANSCRIPT

8/19/2020: Notice of Lodging - NOTICE OF LODGING DEPOSITION TRANSCRIPT

Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE; CASE MANAGEMENT CONFERENCE (RELATED...)

8/19/2020: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE; CASE MANAGEMENT CONFERENCE (RELATED...)

Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE; CASE MANAGEMENT CONFERENCE (RELATED...)

1/5/2021: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE; CASE MANAGEMENT CONFERENCE (RELATED...)

Order - TRIAL SETTING ORDER

2/19/2021: Order - TRIAL SETTING ORDER

Separate Statement - SEPARATE STATEMENT IN SUPPORT OF DEFENDANT BABY HEALTH CARE, INC.'S MOTION TO QUASH SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS

4/28/2021: Separate Statement - SEPARATE STATEMENT IN SUPPORT OF DEFENDANT BABY HEALTH CARE, INC.'S MOTION TO QUASH SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS

Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER PETITION FOR RELIEF FROM GOVERNMENT...)

6/27/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER PETITION FOR RELIEF FROM GOVERNMENT...)

DEMAND FOR JURY TRIAL

5/10/2018: DEMAND FOR JURY TRIAL

Summons - SUMMONS CROSS-COMPLAINT

4/2/2019: Summons - SUMMONS CROSS-COMPLAINT

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR AN ORDER CONTINUING TRIAL...)

5/9/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR AN ORDER CONTINUING TRIAL...)

62 More Documents Available

 

Docket Entries

  • 02/08/2022
  • Hearing02/08/2022 at 09:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Jury Trial

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  • 02/01/2022
  • Hearing02/01/2022 at 09:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Final Status Conference

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  • 07/07/2021
  • Hearing07/07/2021 at 08:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Mandatory Settlement Conference (MSC)

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  • 06/29/2021
  • Hearing06/29/2021 at 10:30 AM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion to Quash MOTION TO QUASH SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS

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  • 04/28/2021
  • DocketMotion to Quash (Subpoena For Production of Business Records); Filed by Baby Health Care, Inc., (Defendant)

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  • 04/28/2021
  • DocketSeparate Statement (in Support of Defendant Baby Health Care, Inc.'s Motion to Quash Subpoena For Production of Business Records); Filed by Baby Health Care, Inc., (Defendant)

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  • 04/26/2021
  • DocketNotice (of Plaint6iff's for Lien for Attorney's Fees and Costs); Filed by Tiffany Marie Anderson (Plaintiff)

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  • 03/11/2021
  • DocketSubstitution of Attorney; Filed by Tiffany Marie Anderson (Plaintiff)

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  • 02/23/2021
  • DocketNotice of Ruling; Filed by Tiffany Marie Anderson (Plaintiff)

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  • 02/19/2021
  • Docketat 1:30 PM in Department F; Trial Setting Conference - Held

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145 More Docket Entries
  • 06/20/2017
  • DocketComplaint ( (1st)); Filed by Tiffany Marie Anderson (Plaintiff)

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  • 06/20/2017
  • DocketSUMMONS ON FIRST AMENDED COMPLAINT

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  • 06/20/2017
  • DocketSummons Issued; Filed by Tiffany Marie Anderson (Plaintiff)

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  • 04/28/2017
  • DocketAFFIDAVIT OF UNSUCCESSFUL SERVICE

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  • 04/28/2017
  • DocketAffidavit ; Filed by Tiffany Marie Anderson (Plaintiff)

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  • 04/28/2017
  • DocketAffidavit ; Filed by Tiffany Marie Anderson (Plaintiff)

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  • 04/28/2017
  • DocketAFFIDAVIT OF UNSUCCESSFUL SERVICE

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  • 12/28/2016
  • DocketComplaint; Filed by Tiffany Marie Anderson (Plaintiff)

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  • 12/28/2016
  • DocketSUMMONS

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  • 12/28/2016
  • DocketCOMPLAINT FOR DAMAGES; JURY DEMAND ENDORSED THEREON

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Tentative Rulings

Case Number: BC645134    Hearing Date: February 11, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

TIFFANY MARIE ANDERSON,

Plaintiff,

v.

KAZUMASA YAMAFUJI, ET AL.,

Defendants.

Case No.: BC645134 R/T 19NWCP00286

ORDER TRANSFERRING COMPLICATED PERSONAL INJURY (PI) RELATED CASES TO AN INDEPENDENT CALENDAR (IC) COURT

After review of the court file, the Court makes the following order:

Department 31 of the Personal Injury Court has determined that the above entitled actions are complicated based upon the number of pretrial hearings and/or the complexity of the issues presented.

AT THE DIRECTION OF DEPARTMENT 1:

These related cases are hereby transferred and reassigned to the following Independent Calendar Court in THE SOUTHEAST DISTRICT, JUDGE BERNAL presiding in DEPT. F of the NORWALK Courthouse, for all purposes except trial. Department 1 hereby delegates to the Independent Calendar Court the authority to assign the cause for trial to that Independent Calendar Court.

The Order is signed and filed this date, and incorporated herein by reference. Any pending motions or hearings, including trial and status conferences, will be reset, continued or vacated at the direction of the newly assigned Independent Calendar court.

Upon receipt of this notice, counsel for Plaintiff shall give notice to all parties of record.

DATED: February 11, 2020 ___________________________

Hon. Jon Takasugi

Judge of the Superior Court

Case Number: BC645134    Hearing Date: December 09, 2019    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

TIFFANY MARIE ANDERSON,

Plaintiff(s),

vs.

KAZUMASA YAMAFUJI, ET AL.,

Defendant(s).

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CASE NO: BC645134

[TENTATIVE] ORDER DENYING PETITION WITHOUT PREJUDICE

Dept. 3

1:30 p.m.

December 9, 2019

Plaintiff’s petition for relief from the government tort claim requirement is denied without prejudice for two reasons.  First, Gov Code §946.6(d) requires Plaintiff to serve the petition on “the clerk or secretary or board of the local public entity, if the respondent is a local public entity.”  The respondent is the City of Lakewood.  Plaintiff filed proof of service on the Claims Supervisor for the City of Lakewood.  This is not code-complaint.

Second, Plaintiff improperly sought relief in connection with a pending action.  Since proper claim filing or obtaining relief from the claim filing requirements is a prerequisite to suit against the public entity, §946.6 contemplates a petition for relief in a separate civil proceeding—not a “motion” for relief in an action that has already been filed against the entity. §946.6(a) states the proper place for filing the petition is “a court that would be a proper court for the trial of an action on the cause of action to which the claim relates …” (emphasis added).)  Luers v. Smith (CD CA 1996) 941 F.Supp. 105, 107.  Notably, Gov Code §946.6(f) provides, “If the court makes an order relieving the petitioner from Section 945.4, suit on the cause of action to which the claim relates shall be filed with the court within 30 days thereafter.” 

Notably, the Court previously denied Defendants’ motion for relief from the late claims filing requirement against the City of Lakewood without prejudice on the same grounds.  On 6/27/19, the Court ruled, “The Yamafujis improperly sought relief in connection with a pending action.  Since proper claim filing or obtaining relief from the claim filing requirements is a prerequisite to suit against the public entity, §946.6 contemplates a petition for relief in a separate civil proceeding—not a “motion” for relief in an action that has already been filed against the entity. §946.6(a) states the proper place for filing the petition is “a court that would be a proper court for the trial of an action on the cause of action to which the claim relates …” (emphasis added).)  Luers v. Smith (CD CA 1996) 941 F.Supp. 105, 107.  The ruling is without prejudice to the Yamafujis’ right to file a petition as a separate action.”

As with the prior petition, this petition is also denied.  The ruling is without prejudice to Plaintiff’s right to file a proper petition for relief and to properly serve it on the City.  Plaintiff is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If 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.  
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