This case was last updated from Los Angeles County Superior Courts on 07/05/2019 at 09:34:13 (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 and ROSS KLEIN. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8207

  • Filing Date:

    07/16/2015

  • Case Status:

    Disposed - Dismissed

  • 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

 

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. SPORTS CAMPS INC. A CALIFORNIA

Minor

BLAS TRESSA

Others

BRYSON ALEXA

ALEXA BRYSON A MINOR

14 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 )

Defendant, Respondent and Other Attorneys

ZIEMANN STEPHEN M. ESQ.

O'CONNOR AND ASSOCIATES

DUMMIT CRAIG S. ESQ.

 

Court Documents

NOTICE OF APPEAL

12/21/2017: NOTICE OF APPEAL

DESIGNATION OF RECORD

1/18/2018: DESIGNATION OF RECORD

NOTICE OF DEFAULT (UNLIMITED CIVIL APPEALS)

1/25/2018: NOTICE OF DEFAULT (UNLIMITED CIVIL APPEALS)

SUMMONS

7/23/2015: SUMMONS

PROOF OF SERVICE OF SUMMONS

7/27/2015: PROOF OF SERVICE OF SUMMONS

PROOF OF SERVICE OF SUMMONS

8/3/2015: PROOF OF SERVICE OF SUMMONS

CROSS-COMPLAINT FOR INDEMMTY AND CONTRIBUTION

8/18/2015: CROSS-COMPLAINT FOR INDEMMTY AND CONTRIBUTION

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

9/9/2015: Proof of Service

Proof of Service by 1st Class Mail

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

NOTICE OF MOTION AND MOTION TO QUASH A SUBPOENA DUCES TECUM FOR BANK RECORDS FROM WELLS FARGO BANK; ETC.

9/18/2015: NOTICE OF MOTION AND MOTION TO QUASH A SUBPOENA DUCES TECUM FOR BANK RECORDS FROM WELLS FARGO BANK; ETC.

NOTICE OF MOTION AND MOTION TO STRIKE PRAYER FOR PUNITIVE DAMAGES; MEMORANDUM OF POINTS AND AUTHORITIES

10/6/2015: NOTICE OF MOTION AND MOTION TO STRIKE PRAYER FOR PUNITIVE DAMAGES; MEMORANDUM OF POINTS AND AUTHORITIES

Minute Order

10/19/2015: Minute Order

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

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

ORDER TRANSFERRING CASE TO IC COURT AND VACATING ALL FUTURE DATES CALENDARED IN PERSONAL INJURY HUB COURT

12/8/2015: ORDER TRANSFERRING CASE TO IC COURT AND VACATING ALL FUTURE DATES CALENDARED IN PERSONAL INJURY HUB COURT

NOTICE OF ASSOCIATION OF COUNSEL

12/21/2015: NOTICE OF ASSOCIATION OF COUNSEL

DEFENDANT JOSEPH CERULLE'S SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

7/21/2017: DEFENDANT JOSEPH CERULLE'S SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

35 More Documents Available

 

Docket Entries

  • 03/05/2018
  • Miscellaneous-Other; Filed by Court

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  • 03/05/2018
  • Miscellaneous-Other (COURT OF APPEAL DOC (ASSOC. OF COUNSEL) -REC'VD ONLY ); Filed by Court

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  • 02/08/2018
  • NOTICE OF VACATING DEFAULT OR NON-COMPLIANCE

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  • 01/25/2018
  • NOTICE OF DEFAULT (UNLIMITED CIVIL APPEALS)

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  • 01/18/2018
  • Notice of Designation of Record; Filed by Tressa Blas (Legacy Party)

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  • 01/18/2018
  • DESIGNATION OF RECORD

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  • 01/09/2018
  • DESIGNATION OF RECORD

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  • 01/02/2018
  • Ntc to Attorney re Notice of Appeal; Filed by Clerk

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  • 01/02/2018
  • NOTICE OF FILING OF NOTICE OF APPEAL (UNLIMITED JURISDICTION)

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  • 12/26/2017
  • NOTICE OF FILING OF NOTICE OF APPEAL

    Read MoreRead Less
424 More Docket Entries
  • 07/21/2015
  • Proof-Service/Summons; Filed by Tressa Blas (Legacy Party)

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  • 07/21/2015
  • Proof of Service (not Summons and Complaint); Filed by WILMA BLAS (Legacy Party); A MINOR TRESSA BLAS (Plaintiff)

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  • 07/21/2015
  • 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

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

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

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

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  • 07/16/2015
  • 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

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  • 07/16/2015
  • Complaint Filed

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

    Read MoreRead Less
  • 07/16/2015
  • Application ; Filed by WILMA BLAS (Legacy Party); A MINOR TRESSA BLAS (Plaintiff)

    Read MoreRead Less

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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