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 and ROSS KLEIN. The case status is Disposed - Dismissed.
****8207
07/16/2015
Disposed - Dismissed
Los Angeles County Superior Courts
Governor George Deukmejian Courthouse
Los Angeles, California
HOWARD L. HALM
ROSS KLEIN
BLAS WILMA
TRESSA BLAS A MINOR
WILMA BLAS
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
NIKE GOLF SCHOOLS AND JUNIOR CAMPS
U.S. SPORTS CAMPS INC. A CALIFORNIA
BLAS TRESSA
BRYSON ALEXA
ALEXA BRYSON A MINOR
CALIFORNIA LAW PARTNERS APC (G A PIZARRO
CALIFORNIA LAW PARTNERS APC
CALIFORNIA LAW PARTNERS APC G A PIZARRO
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 )
ZIEMANN STEPHEN M. ESQ.
O'CONNOR AND ASSOCIATES
DUMMIT CRAIG S. ESQ.
12/21/2017: NOTICE OF APPEAL
1/18/2018: DESIGNATION OF RECORD
1/25/2018: NOTICE OF DEFAULT (UNLIMITED CIVIL APPEALS)
7/23/2015: SUMMONS
7/27/2015: PROOF OF SERVICE OF SUMMONS
8/3/2015: PROOF OF SERVICE OF SUMMONS
8/18/2015: CROSS-COMPLAINT FOR INDEMMTY AND CONTRIBUTION
8/21/2015: MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO STRIKE PORTIONS OF COMPLAINT
8/21/2015: DECLARATION OF JOHN M. RACANELLI, ESQ. IN SUPPORT OF MOTION TO STRIKE
9/9/2015: Proof of Service
9/14/2015: Proof of Service by 1st Class Mail
9/18/2015: NOTICE OF MOTION AND MOTION TO QUASH A SUBPOENA DUCES TECUM FOR BANK RECORDS FROM WELLS FARGO BANK; ETC.
10/6/2015: NOTICE OF MOTION AND MOTION TO STRIKE PRAYER FOR PUNITIVE DAMAGES; MEMORANDUM OF POINTS AND AUTHORITIES
10/19/2015: Minute Order
11/5/2015: PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION TO QUASH SUBPOENA DIJCES TECUM FOR BANK RECORDS; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE EXPENSES FROM DEFENDANT AMERICAN GOLF CORPOIA
12/8/2015: ORDER TRANSFERRING CASE TO IC COURT AND VACATING ALL FUTURE DATES CALENDARED IN PERSONAL INJURY HUB COURT
12/21/2015: NOTICE OF ASSOCIATION OF COUNSEL
7/21/2017: DEFENDANT JOSEPH CERULLE'S SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
Miscellaneous-Other; Filed by Court
Miscellaneous-Other (COURT OF APPEAL DOC (ASSOC. OF COUNSEL) -REC'VD ONLY ); Filed by Court
NOTICE OF VACATING DEFAULT OR NON-COMPLIANCE
NOTICE OF DEFAULT (UNLIMITED CIVIL APPEALS)
Notice of Designation of Record; Filed by Tressa Blas (Legacy Party)
DESIGNATION OF RECORD
DESIGNATION OF RECORD
Ntc to Attorney re Notice of Appeal; Filed by Clerk
NOTICE OF FILING OF NOTICE OF APPEAL (UNLIMITED JURISDICTION)
NOTICE OF FILING OF NOTICE OF APPEAL
Proof-Service/Summons; Filed by Tressa Blas (Legacy Party)
Proof of Service (not Summons and Complaint); Filed by WILMA BLAS (Legacy Party); A MINOR TRESSA BLAS (Plaintiff)
Proof of Service (OF SUMMONS AND COMPLAINT PARTY SERVED: AMERICAN GOLF CORPORATION//PERSON SERVED: GLADYS AGUILERA BY PERSONAL SERVICE ON 7/20/15 ); Filed by Attorney for Plaintiff
COMPLAINT FOR DAMAGFS 1. NEGLIGENCE; ETC
Application ; Filed by Plaintiff/Petitioner
APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEMCIVIL / EXPARTE
Application - 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
Complaint Filed
Complaint; Filed by A MINOR TRESSA BLAS (Plaintiff)
Application ; Filed by WILMA BLAS (Legacy Party); A MINOR TRESSA BLAS (Plaintiff)
Case Number: BC588207 Hearing Date: October 20, 2020 Dept: S27
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.
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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