This case was last updated from Los Angeles County Superior Courts on 01/21/2020 at 11:58:30 (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 Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6896

  • Filing Date:

    09/21/2017

  • 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

Plaintiff and Petitioner

MARTINEZ ADOLFO

Defendants and Respondents

KL FENIX CORORATION

DOES 1 TO 100

PAK CHUL WON

CORORATION KL FENIX

GRANITE STATE INSURANCE COMPANY

Attorney/Law Firm Details

Plaintiff and Petitioner 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

Witness List

10/24/2019: Witness List

Exhibit List

10/24/2019: Exhibit List

Jury Instructions

10/24/2019: Jury Instructions

Proof of Service (not Summons and Complaint)

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

Motion for Leave to Amend - MOTION FOR LEAVE TO AMEND MOTION TO LEAVE

10/15/2019: Motion for Leave to Amend - MOTION FOR LEAVE TO AMEND MOTION TO LEAVE

Motion in Limine - MOTION IN LIMINE DEFENDANT IN INTERVENTION GRANITE STATE INSURANCE COMPANY AND DEFENDANT KL FENIX CORPORATION'S MOTION IN LIMINE TO EXCLUDE REFERENCE TO THE ABSENCE OF CHUL WON PAK

10/4/2019: Motion in Limine - MOTION IN LIMINE DEFENDANT IN INTERVENTION GRANITE STATE INSURANCE COMPANY AND DEFENDANT KL FENIX CORPORATION'S MOTION IN LIMINE TO EXCLUDE REFERENCE TO THE ABSENCE OF CHUL WON PAK

Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL AND RELATED DATES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF LEILA R. RAJAZI

5/16/2019: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL AND RELATED DATES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF LEILA R. RAJAZI

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL AND RELATED...)

5/17/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL AND RELATED...)

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR LEAVE TO INTERVENE)

3/29/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR LEAVE TO INTERVENE)

Notice - NOTICE PROPOSED DEFENDANT IN INTERVENTION GRANITE STATE INSURANCE COMPANY'S NOTICE OF NO OPPOSITION TO ITS MOTION FOR LEAVE TO FILE AN ANSWER IN INTERVENTION

3/25/2019: Notice - NOTICE PROPOSED DEFENDANT IN INTERVENTION GRANITE STATE INSURANCE COMPANY'S NOTICE OF NO OPPOSITION TO ITS MOTION FOR LEAVE TO FILE AN ANSWER IN INTERVENTION

Stipulation and Order - Stipulation and Order to Continue Trial

3/6/2019: Stipulation and Order - Stipulation and Order to Continue Trial

Motion for Leave to Intervene

3/7/2019: Motion for Leave to Intervene

Substitution of Attorney

2/13/2019: Substitution of Attorney

DEMAND FOR JURY TRIAL

2/5/2018: DEMAND FOR JURY TRIAL

PROOF OF SERVICE SUMMONS -

1/8/2018: PROOF OF SERVICE SUMMONS -

AMENDED PROOF OF SERVICE OF SUMMONS

1/12/2018: AMENDED PROOF OF SERVICE OF SUMMONS

CIVIL DEPOSIT -

9/21/2017: CIVIL DEPOSIT -

49 More Documents Available

 

Docket Entries

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

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

    Read MoreRead Less
  • 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

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

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

    Read MoreRead Less
  • 01/04/2018
  • DocketNOTICE OF FIRM NAME CHANGE

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

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

    Read MoreRead Less
  • 11/29/2017
  • DocketPROOF OF SERVICE SUMMONS & COMPLAINT

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

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

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

    Read MoreRead Less
  • 09/21/2017
  • DocketCIVIL DEPOSIT

    Read MoreRead Less
  • 09/21/2017
  • DocketSUMMONS

    Read MoreRead Less

Tentative Rulings

Case Number: BC676896    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).

)

)

)

)

)

)

)

)

)

)

)

Case No.: BC676896

[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.