This case was last updated from Los Angeles County Superior Courts on 09/03/2019 at 23:07:05 (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, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. 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

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

JON R. TAKASUGI

 

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.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

GABRIEL SAMUEL F. ESQ.

Defendant Attorneys

MACDONALD SCOTT L. ESQ.

LAW OFFICE OF TIMOTHY J. O'SHEA

MAY CHARLES DUDLEY JR

Cross Defendant Attorney

BARBER JOHN COCHRANE

 

Court Documents

Response to Petition

6/11/2019: Response to Petition

Notice

6/13/2019: Notice

Declaration

6/20/2019: Declaration

Minute Order

6/27/2019: Minute Order

REQUEST FOR ENTRY OF DEFAULT

4/26/2018: REQUEST FOR ENTRY OF DEFAULT

DEMAND FOR JURY TRIAL

5/10/2018: DEMAND FOR JURY TRIAL

NOTICE OF POSTING JURY FEES

5/10/2018: NOTICE OF POSTING JURY FEES

CIVIL DEPOSIT

5/10/2018: CIVIL DEPOSIT

Summons

4/2/2019: Summons

Declaration

4/30/2019: Declaration

Proof of Service (not Summons and Complaint)

4/30/2019: Proof of Service (not Summons and Complaint)

Motion to Continue Trial Date

5/8/2019: Motion to Continue Trial Date

Order

5/8/2019: Order

Minute Order

5/9/2019: Minute Order

16 More Documents Available

 

Docket Entries

  • 03/12/2020
  • Hearingat 08:30 AM in Department 3 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 02/26/2020
  • Hearingat 10:00 AM in Department 3 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 07/18/2019
  • Docketat 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion for Summary Judgment

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  • 07/12/2019
  • Docketat 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court

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  • 06/28/2019
  • Docketat 10:00 AM in Department 3, Jon R. Takasugi, Presiding; Final Status Conference - Not Held - Advanced and Continued - by Court

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  • 06/27/2019
  • Docketat 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion to Continue Trial - Not Held - Rescheduled by Party

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  • 06/27/2019
  • Docketat 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion - Other (PETITION FOR RELIEF FROM GOVERNMENT CODE SECTION 945.4; [GOVERNMENT CODE SECTION 946.6]) - Held

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  • 06/27/2019
  • DocketMinute Order ( (Hearing on Motion - Other PETITION FOR RELIEF FROM GOVERNMENT...)); Filed by Clerk

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  • 06/20/2019
  • DocketDeclaration (DECLARATION OF CHRISTOPHER P. LAWLER IN SUPPORT OF PETITIONERS' KAZUMASA YAMAFUJI AND KIYOTAKA YAMAFUJI'S REPLY IN SUPPORT OF PETITION FOR RELIEF FROM GOVERNMENT CODE SECTIONS 945.4); Filed by Kazumasa Yamafuji (Defendant); Kiyotaka Yamafuji (Defendant)

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  • 06/20/2019
  • DocketReply (PETITIONERS KAZUMASA YAMAFUJI AND KIYOTAKA YAMAFUJI'S REPLY IN SUPPORT OF PETITION FOR RELIEF FROM GOVERNMENT CDE SECTION 945.4); Filed by Kazumasa Yamafuji (Defendant); Kiyotaka Yamafuji (Defendant)

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71 More Docket Entries
  • 06/20/2017
  • DocketFirst Amended Complaint; Filed by Tiffany Marie Anderson (Plaintiff)

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

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  • 06/20/2017
  • DocketFIRST AMENDED COMPLAINT FOR DAMAGES; JURY DEMAND ENDORSED THEREON

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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.