This case was last updated from Los Angeles County Superior Courts on 03/22/2020 at 03:33:34 (UTC).

ADOLFO MARTINEZ VS CHUL WON PAK ET AL

Case Summary

On 09/21/2017 ADOLFO MARTINEZ filed a Personal Injury - Motor Vehicle lawsuit against CHUL WON PAK. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are JON R. TAKASUGI and HOLLY E. KENDIG. The case status is Other.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6896

  • Filing Date:

    09/21/2017

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

JON R. TAKASUGI

HOLLY E. KENDIG

 

Party Details

Plaintiff

MARTINEZ ADOLFO

Defendants

PAK CHUL WON

CORORATION KL FENIX

GRANITE STATE INSURANCE COMPANY

Attorney/Law Firm Details

Petitioner and Plaintiff Attorney

NGUYEN MINH T. ESQ.

Defendant and Respondent Attorneys

SANTA ROMANA MARK V. ESQ.

GALLAGHER MICHAEL EDGAR

MEISLIN JONATHAN ERIC

 

Court Documents

Request for Dismissal

3/2/2020: Request for Dismissal

Ex Parte Application - EX PARTE APPLICATION TO ADVANCE HEARING DATE ON MOTION FOR LEAVE TO FILE AMENDED ANSWER AND TO MODIFY BRIEFING SCHEDULE

10/29/2019: Ex Parte Application - EX PARTE APPLICATION TO ADVANCE HEARING DATE ON MOTION FOR LEAVE TO FILE AMENDED ANSWER AND TO MODIFY BRIEFING SCHEDULE

Ex Parte Application - EX PARTE APPLICATION TO ADVANCE THE HEARING DATE ON ITS MOTION TO COMPEL PLAINTIFF'S VERIFIED DISCOVERY RESPONSES

10/29/2019: Ex Parte Application - EX PARTE APPLICATION TO ADVANCE THE HEARING DATE ON ITS MOTION TO COMPEL PLAINTIFF'S VERIFIED DISCOVERY RESPONSES

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: NOTICE OF SETTLEMENT OF ENTIRE CASE) OF 11/07/2019

11/7/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: NOTICE OF SETTLEMENT OF ENTIRE CASE) OF 11/07/2019

Minute Order - MINUTE ORDER (COURT ORDER RE: NOTICE OF SETTLEMENT OF ENTIRE CASE)

11/7/2019: Minute Order - MINUTE ORDER (COURT ORDER RE: NOTICE OF SETTLEMENT OF ENTIRE CASE)

Notice of Settlement

11/7/2019: Notice of Settlement

Witness List

10/24/2019: Witness List

Proof of Service by Mail

10/24/2019: Proof of Service by Mail

Exhibit List

10/24/2019: Exhibit List

Statement of the Case

10/24/2019: Statement of the Case

Jury Instructions

10/24/2019: Jury Instructions

Opposition - OPPOSITION PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION FOR LEAVE TO FILE AMENDED ANSWER

10/24/2019: Opposition - OPPOSITION PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION FOR LEAVE TO FILE AMENDED ANSWER

Reply - REPLY REPLY BRIEF RE MOTION FOR LEAVE TO FILE AMENDED ANSWER

10/25/2019: Reply - REPLY REPLY BRIEF RE MOTION FOR LEAVE TO FILE AMENDED ANSWER

Declaration - DECLARATION DECL IN SUPPORT OF MTN TO COMPEL

10/28/2019: Declaration - DECLARATION DECL IN SUPPORT OF MTN TO COMPEL

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

10/28/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Proof of Service (not Summons and Complaint)

10/28/2019: Proof of Service (not Summons and Complaint)

Memorandum of Points & Authorities

10/28/2019: Memorandum of Points & Authorities

Proof of Service by Mail

10/28/2019: Proof of Service by Mail

49 More Documents Available

 

Docket Entries

  • 03/02/2020
  • DocketRequest for Dismissal; Filed by ADOLFO MARTINEZ (Plaintiff)

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  • 11/19/2019
  • Docketat 1:30 PM in Department 3, Holly E. Kendig, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Advanced and Vacated

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  • 11/19/2019
  • Docketat 1:30 PM in Department 3, Holly E. Kendig, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Advanced and Vacated

    [+] Read More [-] Read Less
  • 11/19/2019
  • Docketat 1:30 PM in Department 3, Holly E. Kendig, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Advanced and Vacated

    [+] Read More [-] Read Less
  • 11/19/2019
  • Docketat 1:30 PM in Department 3, Holly E. Kendig, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Advanced and Vacated

    [+] Read More [-] Read Less
  • 11/19/2019
  • Docketat 1:30 PM in Department 3, Holly E. Kendig, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Advanced and Vacated

    [+] Read More [-] Read Less
  • 11/19/2019
  • Docketat 1:30 PM in Department 3, Holly E. Kendig, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Advanced and Vacated

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  • 11/13/2019
  • Docketat 08:30 AM in Department 3, Holly E. Kendig, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 11/08/2019
  • Docketat 1:30 PM in Department 3, Holly E. Kendig, Presiding; Hearing on Motion for Leave to Amend (Motion for Leave to Amend Answer) - Not Held - Advanced and Vacated

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  • 11/07/2019
  • Docketat 10:00 AM in Department 3, Holly E. Kendig, Presiding; Court Order

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77 More Docket Entries
  • 01/08/2018
  • DocketProof-Service/Summons; Filed by ADOLFO MARTINEZ (Plaintiff)

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  • 01/04/2018
  • DocketNOTICE OF FIRM NAME CHANGE

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  • 01/04/2018
  • DocketNotice; Filed by ADOLFO MARTINEZ (Plaintiff)

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  • 11/29/2017
  • DocketProof-Service/Summons; Filed by ADOLFO MARTINEZ (Plaintiff)

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  • 11/29/2017
  • DocketPROOF OF SERVICE SUMMONS & COMPLAINT

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  • 09/21/2017
  • DocketComplaint; Filed by ADOLFO MARTINEZ (Plaintiff)

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  • 09/21/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 09/21/2017
  • DocketPLAINTIFF'S DEMAND FOR JURY TRIAL AND NOTICE OF POS11NG OF JURY FEES

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  • 09/21/2017
  • DocketCIVIL DEPOSIT

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  • 09/21/2017
  • DocketSUMMONS

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Tentative Rulings

Case Number: ****6896    Hearing Date: November 08, 2019    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

ADOLFO MARTINEZ,

Plaintiff(s),

vs.

CHUL WON PAK, ET AL.,

Defendant(s).

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Case No.: ****6896

[TENTATIVE] ORDER DENYING MOTION FOR LEAVE TO AMEND ANSWER

Dept. 3

1:30 p.m.

November 8, 2019

Plaintiff, Adolfo Martinez filed this action against Defendants, Chul Won Pak and KL Fenix Corporation for damages arising out of an automobile accident. The Court granted Granite State Insurance Company’s motion for leave to intervene in the case, which was filed on the ground that its insured, Pak, could not be located.

At this time, KL Fenix Corporation moves for leave to amend its answer to state two additional affirmative defenses. It wishes to assert defense #15, which is that Plaintiff’s recovery against it is limited to $15,000 under Vehicle Code ;17151 (governing owner liability for automobile accidents), and defense #16, which is that Plaintiff’s entire case is barred by application of the Graves Amendment (which precludes liability against entities that are in the business of leasing vehicles).

Plaintiff opposes the motion, arguing Defendant improperly delayed in filing the motion and the delay resulted in prejudice. The Court agrees. Trial in this action is set for 11/13/19, only three court days after the hearing on this motion. Most importantly, Exhibit 3 to the opposition establishes that, on 1/16/19, Moving Defendant entered into a stipulation concerning liability. Defendant stipulated that it is liable for the accident, and that only causation and damages remain at issue. This proposed amended answer appears to fly in the face of the 1/16/19 signed stipulation.

Notably, Defendant does not address the 1/16/19 stipulation in its reply papers. It seems that asserting the proposed affirmative defenses would run directly afoul of the stipulation the parties signed. Additionally, the Court finds Defendant failed to show it acted with diligence in seeking the relief at issue. Defense Counsel declares, at ¶4, that he discovered on 10/03/19 that he had failed to add the Graves Amendment defense, and that he believes formal pleading of Vehicle Code ;17151 is not necessary but the motion is filed in an abundance of caution. This is not sufficient to show diligence. The Court therefore finds both lack of diligence and prejudice, which is sufficient to defeat the motion.

Defendant 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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