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This case was last updated from Los Angeles County Superior Courts on 05/25/2019 at 03:57:02 (UTC).

ANNA KOZLOVSKY VS VITALIY ZILBERSHERTYN

Case Summary

On 04/27/2017 ANNA KOZLOVSKY filed a Personal Injury - Motor Vehicle lawsuit against VITALIY ZILBERSHERTYN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is YOLANDA OROZCO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9347

  • Filing Date:

    04/27/2017

  • 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

YOLANDA OROZCO

 

Party Details

Plaintiff and Petitioner

KOZLOVSKY ANNA

Defendants and Respondents

ZILBERSHERTYN VITALIY

DOES 1 TO 10

NEW CENTURY MEDICAL TRANSPORTATION INC

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

BREITER BRIAN J.

Defendant and Respondent Attorney

HEATH STEPHEN B.

 

Court Documents

AMENDMENT TO COMPLAINT

8/14/2018: AMENDMENT TO COMPLAINT

ORDER STIPULATION TO CONTINUE TRIAL FSC AND RELATED MOTION DISCOVERY DATES PERSONAL INJURY COURTS ONLY CENTRAL DISTRICT

9/11/2018: ORDER STIPULATION TO CONTINUE TRIAL FSC AND RELATED MOTION DISCOVERY DATES PERSONAL INJURY COURTS ONLY CENTRAL DISTRICT

Proof of Personal Service

10/5/2018: Proof of Personal Service

Answer

10/26/2018: Answer

Ex Parte Application

11/8/2018: Ex Parte Application

Unknown

11/8/2018: Unknown

Minute Order

11/8/2018: Minute Order

Order

11/8/2018: Order

Minute Order

11/8/2018: Minute Order

Declaration

11/8/2018: Declaration

Notice

11/13/2018: Notice

Unknown

7/27/2018: Unknown

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

4/27/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

SUMMONS

4/27/2017: SUMMONS

DECLARATION OF DUE DILIGENCE

5/3/2017: DECLARATION OF DUE DILIGENCE

PROOF OF SERVICE SUMMONS

5/3/2017: PROOF OF SERVICE SUMMONS

Answer

6/26/2017: Answer

5 More Documents Available

 

Docket Entries

  • 01/09/2019
  • at 08:30 AM in Department 7, Yolanda Orozco, Presiding; Jury Trial - Not Held - Continued - Party's Motion

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  • 12/21/2018
  • at 10:00 AM in Department 7, Yolanda Orozco, Presiding; Final Status Conference - Not Held - Continued - Party's Motion

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  • 11/13/2018
  • Notice (of entry of order); Filed by Vitaliy Zilbershertyn (Defendant); New Century Medical Transportation, Inc (Defendant)

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  • 11/08/2018
  • at 08:30 AM in Department 7, Yolanda Orozco, Presiding; Ex-Parte Proceedings

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  • 11/08/2018
  • at 08:30 AM in Department 7, Yolanda Orozco, Presiding; Nunc Pro Tunc Order

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  • 11/08/2018
  • Certificate of Mailing for (Minute Order (Nunc Pro Tunc Order) of 11/08/2018); Filed by Clerk

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  • 11/08/2018
  • Declaration (of Matthew J. Kracht in Support of Defendants New Century Medical Transportation, Inc. and Vitaliy Zilbershertyn's Ex Parte Application to Continue Trial Date and Trial Related Deadlines); Filed by Vitaliy Zilbershertyn (Defendant); New Century Medical Transportation, Inc (Defendant)

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  • 11/08/2018
  • Minute Order ( (Nunc Pro Tunc Order)); Filed by Clerk

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  • 11/08/2018
  • Ex Parte Application (to Continue Trial Date and Trial Related Deadlines); Filed by Vitaliy Zilbershertyn (Defendant); New Century Medical Transportation, Inc (Defendant)

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  • 11/08/2018
  • Order (Granting Defendant's New century Medical Transportation, Inc. and Citality Zelberhsertyn's Ex Parte Application to Continue Trial Date and Trial Related Deadlines); Filed by Vitaliy Zilbershertyn (Defendant); New Century Medical Transportation, Inc (Defendant)

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8 More Docket Entries
  • 07/27/2018
  • Receipt; Filed by Vitaliy Zilbershertyn (Defendant)

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  • 06/26/2017
  • Answer

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  • 06/26/2017
  • Answer; Filed by Vitaliy Zilbershertyn (Defendant)

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  • 05/03/2017
  • Proof-Service/Summons; Filed by Anna Kozlovsky (Plaintiff)

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  • 05/03/2017
  • DECLARATION OF DUE DILIGENCE

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  • 05/03/2017
  • PROOF OF SERVICE SUMMONS

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  • 05/03/2017
  • Declaration; Filed by Anna Kozlovsky (Plaintiff)

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  • 04/27/2017
  • Complaint; Filed by Anna Kozlovsky (Plaintiff)

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  • 04/27/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 04/27/2017
  • SUMMONS

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Tentative Rulings

Case Number: BC659347    Hearing Date: August 11, 2020    Dept: G

The court makes findings and issues its tentative ruling on Plaintiff’s Motion for Section 2033.420 Costs of Proof, filed February 7, 2020, as follows:

The court has considered the motion, opposition, reply and objections. The court rules on Defendant’s objections to Plaintiff’s evidence, filed March 16, 2020, as follows: Sustain Objection Nos. 1 and 2. The court finds that CCP§ 2033.420(b)(3) requires the court to consider, in part, “The party failing to make the admission had reasonable ground to believe that that party would prevail on the matter.”

Evidence was presented that Defendant ran a red light and therefore was responsible for causing the collision which resulted in injury to Plaintiff, one of Defendant’s passengers who was seated in the back of a transport van. A video camera mounted in Defendant’s vehicle, and viewed by a police officer witness, did not capture the traffic signal which may have provided independent evidence of the light phase. The driver of the other vehicle, a witness in this case, believed her light was green at the time she accelerated to enter the intersection. Defendant denied that he ran the red light believing that he was traveling at a normal speed and that his light was green when he entered the intersection.

Although the court finds that the jury found Defendant to be liable for the collision and injuries sustained by Plaintiff, the court finds that Defendant had a reasonable ground to believe he could prevail in this jury trial. The court denies Plaintiff’s motion. 

The court makes findings and issues its ruling on Defendant’s Motion to Tax Costs, filed February 24, 2020, as follows:

The court has considered the motion, opposition, reply and objections. The court rules on Defendant’s objections to Plaintiff’s evidence, filed March 16, 2020, as follows: Overrule Objection No. 1.

The court finds that Plaintiff has withdrawn and therefore waives her request for $462.67 in costs as described in her opposition. The court finds that Plaintiff has sustained her burden of proof in support of the claimed costs except for the request for prejudgment interest. The court finds that the matter is a personal injury claim without allegations of fraud, oppression or malice. The court finds that pursuant to Code of Civil Procedure Section 3291, the Plaintiff did not request the award of prejudgment interest in the complaint. The court finds that pursuant to Code of Civil Procedure Section 3291, the court finds that there was no evidence presented of an offer to compromise pursuant to Code of Civil Procedure Section 998. The court finds that no evidence, and no jury determination of a right to prejudgment interest was considered during the trial. The court finds that Plaintiff was awarded future medical expenses, and past and future non-economic loss for pain and suffering. The court finds that these damage awards are not eligible for the application of prejudgment interest and taxes Plaintiff’s Memorandum of Costs in the amount of $43,726.03.

The court denies Defendant’s motion to tax costs in part and grants Plaintiff’s motion in part and awards costs to Plaintiff in the adjusted amount of $77,018.76

Case Number: BC659347    Hearing Date: July 15, 2020    Dept: G

The court has read and considered the Defendants’ request for a Stay of Proceedings, and attachments, pursuant to California Insurance Code §1063.6; Plaintiff’s Opposition and attachments; and the Defendants’ Supplemental Declaration and attachment. The court finds that the 60 day automatic temporary stay is in effect until August 10, 2020 due to the Agreed Order of Liquidation filed June 10, 2020 in the Circuit Court of Cook County, Illinois.

The court continues both parties’ hearings set on July 15, 2020 to a date agreed upon by the parties and convenient to the court, but after August 10, 2020. Counsel may contact the clerk to schedule a hearing date.

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