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This case was last updated from Los Angeles County Superior Courts on 03/15/2021 at 16:56:16 (UTC).

TRESSA BLAS, A MINOR, ET AL. VS. JOEY CERRULE, ET AL.

Case Summary

On 07/16/2015 TRESSA BLAS, A MINOR filed a Personal Injury - Other Personal Injury lawsuit against JOEY CERRULE. This case was filed in Los Angeles County Superior Courts, Governor George Deukmejian Courthouse located in Los Angeles, California. The Judges overseeing this case are HOWARD L. HALM, ROSS KLEIN, MARK C. KIM and DAVID J. COWAN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8207

  • Filing Date:

    07/16/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Governor George Deukmejian Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

HOWARD L. HALM

ROSS KLEIN

MARK C. KIM

DAVID J. COWAN

 

Party Details

Plaintiffs, Petitioners and Guardian Ad Litems

BLAS WILMA

TRESSA BLAS A MINOR

WILMA BLAS

Defendants, Respondents and Cross Defendants

AMERICAN GOLF CORPORATION

CERRULE JOEY

DOES 1 THROUGH 50

LONG BEACH CITY OF

NIKE GOLF LEARNING CENTERS

NIKE GOLF SCHOOLS AND JUNIOR CAMPS

U.S. SPORT CAMPS INC.

CITY OF LONG BEACH

AMERICAN GOLF CORPORATION A CALIFORNIA

JOEY CERRULE

U.S. SPORTS CAMPS INC. A CALIFORNIA

DOES 1 THROUGH 50 INC.

DOES 100 THROUGH 150

JOES 1-25(X COMP OF U.S. SPORTS CAMPS INC

Defendants, Respondents and Cross Plaintiffs

NIKE GOLF SCHOOLS AND JUNIOR CAMPS

U.S. SPORT CAMPS INC.

U.S. SPORTS CAMPS INC. A CALIFORNIA

Minor

BLAS TRESSA

Others

BRYSON ALEXA

ALEXA BRYSON A MINOR

15 More Parties Available

Attorney/Law Firm Details

Minor, Plaintiff and Petitioner Attorneys

CALIFORNIA LAW PARTNERS APC (G A PIZARRO

CALIFORNIA LAW PARTNERS APC

CALIFORNIA LAW PARTNERS APC G A PIZARRO

Defendant, Other and Cross Plaintiff Attorneys

EARLY MASLACH (STEPHEN M. ZIEMANN ESQ.)

VEATCH CARLSON LLP (PETER H. CROSSIN)

O'CONNOR AND ASSOCIATES (JOHN D. O'CONNOR

ZIEMANN STEPHEN M. ESQ.

DUMMIT BUCHHOLZ & TRAPP (CRAIG S. DUMMIT

O'CONNOR AND ASSOCIATES

DUMMIT CRAIG S. ESQ.

RAFFALOW RHOADS & BRETOI (PAMELA WARD)

O'CONNOR AND ASSOCIATES JOHN D. O'CONNOR

RAFFALOW BRETOI & ADAMS (PAMELA WARD)

VEATCH CARLSON LLP (JIM SEAPLER )

KIRK JEFFREY DAVID

Defendant, Respondent and Other Attorneys

ZIEMANN STEPHEN M. ESQ.

O'CONNOR AND ASSOCIATES

DUMMIT CRAIG S. ESQ.

 

Court Documents

Cross-Complaint

8/18/2015: Cross-Complaint

Legacy Document - LEGACY DOCUMENT TYPE: REPLY TO OPPOSITION

12/1/2015: Legacy Document - LEGACY DOCUMENT TYPE: REPLY TO OPPOSITION

Case Management Statement

4/22/2016: Case Management Statement

Other - - OTHER - CIVIL DEPOSIT

8/16/2016: Other - - OTHER - CIVIL DEPOSIT

Cross-Complaint

8/31/2016: Cross-Complaint

Notice of Change of Address or Other Contact Information

3/3/2017: Notice of Change of Address or Other Contact Information

Legacy Document - LEGACY DOCUMENT TYPE: MISCELLANEOUS-OTHER

8/17/2017: Legacy Document - LEGACY DOCUMENT TYPE: MISCELLANEOUS-OTHER

Legacy Document - LEGACY DOCUMENT TYPE: REPLY

8/31/2017: Legacy Document - LEGACY DOCUMENT TYPE: REPLY

Legacy Document - LEGACY DOCUMENT TYPE: EX-PARTE APPLICATION

10/18/2017: Legacy Document - LEGACY DOCUMENT TYPE: EX-PARTE APPLICATION

Legacy Document - LEGACY DOCUMENT TYPE: REPLY

11/13/2017: Legacy Document - LEGACY DOCUMENT TYPE: REPLY

Request for Dismissal

12/14/2017: Request for Dismissal

Case Management Statement

7/29/2020: Case Management Statement

Notice - NOTICE NOTICE OF CONTINUED OF CASE MANAGEMENT CONFERENCE

8/3/2020: Notice - NOTICE NOTICE OF CONTINUED OF CASE MANAGEMENT CONFERENCE

Proof of Service (not Summons and Complaint)

10/8/2020: Proof of Service (not Summons and Complaint)

Summons - SUMMONS ON COMPLAINT

3/11/2021: Summons - SUMMONS ON COMPLAINT

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO STRIKE PORTIONS OF COMPLAINT

8/21/2015: MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO STRIKE PORTIONS OF COMPLAINT

DECLARATION OF JOHN M. RACANELLI, ESQ. IN SUPPORT OF MOTION TO STRIKE

8/21/2015: DECLARATION OF JOHN M. RACANELLI, ESQ. IN SUPPORT OF MOTION TO STRIKE

Proof of Service by 1st Class Mail -

9/14/2015: Proof of Service by 1st Class Mail -

243 More Documents Available

 

Docket Entries

  • 11/01/2021
  • Hearing11/01/2021 at 08:30 AM in Department S27 at 275 Magnolia, Long Beach, CA 90802; Jury Trial

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  • 10/28/2021
  • Hearing10/28/2021 at 08:30 AM in Department S27 at 275 Magnolia, Long Beach, CA 90802; Final Status Conference

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  • 03/11/2021
  • DocketCross-Complaint; Filed by U.S. Sport Camps, Inc. (Defendant)

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  • 03/11/2021
  • DocketNotice (NOTICE OF ENTRY OF JUDGMENT OR ORDER); Filed by U.S. Sport Camps, Inc. (Defendant)

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  • 03/11/2021
  • DocketSummons (on Complaint); Filed by U.S. Sport Camps, Inc. (Defendant)

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  • 03/02/2021
  • Docketat 08:30 AM in Department S27, Mark C. Kim, Presiding; Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473) - Held - Motion Granted

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  • 03/02/2021
  • DocketTentative Ruling and Final Order; Filed by Clerk

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  • 03/02/2021
  • DocketMinute Order ( (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473))); Filed by Clerk

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  • 02/23/2021
  • DocketOpposition (TO PLAINTIFF'S MOTION TO VACATE AN ERRONEOUSLY FILEDDISMISSAL AND FILE A CORRECTED DISMISSAL UNDER CCP 473(D) AND CCP 128(A)(8)); Filed by American Golf Corporation (Defendant)

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  • 02/23/2021
  • DocketReply (Plaintiff's Reply to Defendants' Opposition to Plaintiff's Motion to Vacate an Erroneously Filed Dismissal and File a Corrected Dismissal Under CCP 473(d) and 128(a)(8) to Reinstate the Case); Filed by Wilma Blas (Legacy Party); Tressa Blas (Legacy Party)

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500 More Docket Entries
  • 07/21/2015
  • DocketOrd Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 07/21/2015
  • DocketProof-Service/Summons; Filed by Tressa Blas (Legacy Party)

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  • 07/16/2015
  • DocketCOMPLAINT FOR DAMAGFS 1. NEGLIGENCE; ETC

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  • 07/16/2015
  • DocketApplication - Miscellaneous (AND ORDER FOR APPOINTMNET OF GUARDIAN AD LITEM SIGNED ON 7/21/15; WILMA BLAS, GUARDIAN AD LITEM OF MINOR, WILMA BLAS); Filed by Attorney for Plaintiff

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  • 07/16/2015
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 07/16/2015
  • DocketApplication ; Filed by WILMA BLAS (Legacy Party); A MINOR TRESSA BLAS (Plaintiff)

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  • 07/16/2015
  • DocketComplaint; Filed by A MINOR TRESSA BLAS (Plaintiff)

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  • 07/16/2015
  • DocketCivil Case Cover Sheet (And Addendum)

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  • 07/16/2015
  • DocketComplaint Filed

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  • 07/16/2015
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEMCIVIL / EXPARTE

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Tentative Rulings

Case Number: BC588207    Hearing Date: October 20, 2020    Dept: S27

  1. Background Facts

    Plaintiff, Tressa Blas, a minor by and through her GAL, Wilma Blas, filed this action against Defendants, Joey Cerrule, Alexa Bryson, Nike Golf Schools and Junior Camps, Nike Golf Learning Centers, U.S. Sports Camps, Inc., American Golf Corporation, and the City of Long Beach for damages arising out of personal injuries sustained when Bryson, a participant at a golf camp with Plaintiff, struck her with an errand golf club.

    Plaintiff filed her complaint on 7/16/15. U.S. Sports Camps (“USSC”) and Nike Golf Schools filed their answer on 8/18/15. The same day, they filed a cross-complaint against Cerrule, Bryson, American Golf Corporation, and the City for indemnification and related claims.

    American Golf Corporation (“AGC”), Nike Golf Learning Centers, and the City of Long Beach filed their answer on 8/21/15.

    Joseph Cerulle filed an answer on 8/01/16. Defendant, Alexa Bryson filed an answer and cross-complaint on 8/19/16.

    On 9/08/17, the Court granted summary judgment in favor of Defendants, USSC and ACG.

    On 12/14/17, Plaintiff filed a request for dismissal of her entire complaint with prejudice.

    Plaintiff appealed the summary judgment ruling in favor of USSC and AGC. On 1/31/20, the court of appeals issued a Remittitur. The court of appeals affirmed as to AGC, but reversed as to USSC.

  2. Motion for Leave to File a Cross-Complaint

    At this time, USSC moves to file a cross-complaint against Patrick Blas and Joey Cerrule for indemnification and related claims. USSC contends Blas and Cerrule share responsibility for Plaintiff’s injuries, as Blas (Plaintiff’s father) enrolled his daughter in the USSC camp without using the formal enrollment procedure. Cerrule, the camp director, is alleged to have permitted Blas to do so. Notably, USSC previously had a cross-complaint against Blas on file, but dismissed the cross-complaint when the court granted its summary judgment motion.

    A cross-complaint against any of the parties who filed the initial complaint or cross-complaint against the cross-complainant must be filed before or at the same time as the answer to the initial complaint or cross-complaint, which answer must be filed within 30 days of service of the complaint or cross-complaint. (CCP §§ 412.20(a)(3), 428.50(a), 432.10.) Any other cross-complaint may be filed at any time before the court has set a trial date. (CCP §428.50(b).) If a party fails to file a cross-complaint within the time limits described above, he or she must obtain permission from the court to file the cross-complaint. (CCP §§ 426.50, 428.50(c).) Permission to file a permissive cross-complaint may be granted in the interest of justice at any time during the course of the action. (CCP § 428.50(c).)

    The motion is denied for two reasons. First, it does not appear there is any action pending between any parties at this time. Plaintiff filed a request for dismissal of the entire action, with prejudice, on 12/14/17. Moving Defendants also indicate they dismissed their cross-complaint upon the granting of the summary judgment motion (the Court cannot locate this dismissal, but the case is sufficiently old that many documents do not appear to be accessible online). There does not appear to be any pending action between the parties in which Defendants can move for relief. The parties need to stipulate to vacate the 12/14/17 dismissal of the entire action, with prejudice, if they wish to proceed in connection with the action.

    Second, if the dismissal is vacated, then all of the parties to the action (except AGC, whose summary judgment was affirmed) will be revived. Moving Defendants only filed proof of service of the moving papers on Plaintiff. Cerulle, however, was a defendant to the original action. If the parties revive the action by vacating the 12/14/17 request for dismissal, then Moving Defendants will need to serve Cerulle, as well as all other parties to the action, with the moving papers.

    Moving Defendants are ordered to give notice.

    Parties who intend to submit on this tentative must send an email to the court at gdcdepts27@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. If the parties do not submit on the tentative, they should arrange to appear remotely.

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