This case was last updated from Los Angeles County Superior Courts on 06/02/2019 at 04:03:25 (UTC).

ALTAGARCIA PERALTA VS FIRST IMAGE NURSERY, LLC ET AL

Case Summary

On 07/07/2017 ALTAGARCIA PERALTA filed a Personal Injury - Other Personal Injury lawsuit against FIRST IMAGE NURSERY, LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is AMY D. HOGUE. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6945

  • Filing Date:

    07/07/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

AMY D. HOGUE

 

Party Details

Petitioner and Plaintiff

PERALTA ALTAGRACIA

Defendants and Respondents

DE LUIS ESPINOZA JULIO

FIRST IMAGE NURSERY LLC

DOES 1-100

Attorney/Law Firm Details

Petitioner and Plaintiff Attorney

BELORYAN HAIK ESQ.

 

Court Documents

Amended Complaint

7/17/2017: Amended Complaint

Summons

7/7/2017: Summons

CoverSheet

7/7/2017: CoverSheet

Complaint

7/7/2017: Complaint

DEFENDANT'S JULIO DE LUIS ESPINOZA ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT FOR DAMAGES

9/28/2017: DEFENDANT'S JULIO DE LUIS ESPINOZA ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT FOR DAMAGES

PROOF OF SERVICE SUMMONS

9/22/2017: PROOF OF SERVICE SUMMONS

Proof of Service by Substituted Service

4/11/2019: Proof of Service by Substituted Service

Unknown

12/20/2018: Unknown

Request for Entry of Default / Judgment

12/5/2018: Request for Entry of Default / Judgment

Unknown

11/15/2018: Unknown

Notice of Ruling

11/13/2018: Notice of Ruling

Ex Parte Application

11/7/2018: Ex Parte Application

Minute Order

11/7/2018: Minute Order

Order

11/7/2018: Order

Statement of Damages (Personal Injury or Wrongful Death)

10/30/2018: Statement of Damages (Personal Injury or Wrongful Death)

3 More Documents Available

 

Docket Entries

  • 04/11/2019
  • DocketProof of Service by Substituted Service; Filed by Altagracia Peralta (Plaintiff)

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  • 01/07/2019
  • Docketat 08:30 AM in Department 7, Amy D. Hogue, Presiding; Jury Trial - Not Held - Continued - Party's Motion

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  • 12/21/2018
  • Docketat 10:00 AM in Department 7, Amy D. Hogue, Presiding; Final Status Conference - Not Held - Continued - Party's Motion

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  • 12/20/2018
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by Clerk

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  • 12/05/2018
  • DocketRequest for Entry of Default / Judgment; Filed by Altagracia Peralta (Plaintiff)

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  • 11/15/2018
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by Clerk

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  • 11/13/2018
  • DocketNotice of Ruling (Notice of Ruling RE: Plaintiff's Ex Parte Application to Continue Trial and All Related Motion and Discovery Dates); Filed by Altagracia Peralta (Plaintiff)

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  • 11/07/2018
  • Docketat 08:30 AM in Department 7, Amy D. Hogue, Presiding; Ex-Parte Proceedings - Held - Motion Granted

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  • 11/07/2018
  • DocketEx Parte Application (to Continue Trial date, discovery, and law and motion cut-off dates); Filed by Altagracia Peralta (Plaintiff)

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  • 11/07/2018
  • DocketOrder (Re: Plaintiff's Ex Parte Application to Continue The Trial, Discovery, and Law and Motion Cut Off Dates); Filed by Altagracia Peralta (Plaintiff)

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3 More Docket Entries
  • 09/28/2017
  • DocketAnswer to First Amended Complaint; Filed by Julio De Luis Espinoza (Defendant)

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  • 09/28/2017
  • DocketDEFENDANT'S JULIO DE LUIS ESPINOZA ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT FOR DAMAGES

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  • 09/22/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 09/22/2017
  • DocketProof-Service/Summons; Filed by Altagracia Peralta (Plaintiff)

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  • 07/17/2017
  • DocketFirst Amended Complaint; Filed by Altagracia Peralta (Plaintiff)

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  • 07/17/2017
  • DocketComplaint ((1st)); Filed by Altagracia Peralta (Plaintiff)

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  • 07/17/2017
  • DocketDefendant's Claim and Order to Go to Small Claims Court (Small Claims)

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  • 07/07/2017
  • DocketComplaint; Filed by Altagracia Peralta (Plaintiff)

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  • 07/07/2017
  • DocketSummons; Filed by Altagracia Peralta (Plaintiff)

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  • 07/07/2017
  • DocketComplaint

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Tentative Rulings

Case Number: ****6945    Hearing Date: September 02, 2020    Dept: 76

The Court is inclined to continue the Order to Show Cause re: Entry of Default Judgment to allow Plaintiff to address deficiencies in the Request for Entry of Default Judgment.While the request for default judgment specifies a request for $250,000 in general damages and $25,000 in special damages, this amount is not supported in the First Amended Complaint.  The First Amended Complaint does not plead any specific amount of damages. The Court of Appeal has held that a default judgment on a complaint that does not state an amount of damages is void (not merely voidable).  (Dhawan v. Biring (2015), 241 Cal. App.4th 963, 975.)  While a Statement of Damages was filed, and was served upon Defendants First Image Nursery, LLC and Espinoza, the Statement of Damages does not cure the defect in the request for default judgment.  A Statement of Damages may be utilized for Plaintiff’s personal injury claims (including emotional distress for FEHA violations).  (Bihun v. AT&T Information Systems, Inc. (1993) 13 Cal.App.4th 976, 1005 (disapproved on other grounds in Lakin v. Watkins Associated Industries(1993) 6 Cal.4th “Statements of damages are used only in personal injury and wrongful death … In all other cases, when recovering damages in a default judgment, the plaintiff is limited to the damages specified in the complaint.”  (Levine v. Smith (2006) 145 Cal.App.4th 1131, 1136-37.)  In the absence of an amendment to the Complaint, the Court can only award damages up to the amount stated in the Statement of Damages, and for the causes of action to which the Statement of Damages applies.Moreover, the declaration of counsel submitted in support of the request for default judgment does not state facts upon personal knowledge from which the Court can determine whether a factual basis exists for the damages sought.