This case was last updated from Los Angeles County Superior Courts on 10/23/2020 at 14:42:01 (UTC).

ATZIM MENDEZ ET AL VS PINES ENGINEERING CO INC ET AL

Case Summary

On 03/01/2018 ATZIM MENDEZ filed a Personal Injury - Other Product Liability lawsuit against PINES ENGINEERING CO INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are GEORGINA T. RIZK, MARGARET M. BERNAL and MARGARET MILLER BERNAL. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6035

  • Filing Date:

    03/01/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

GEORGINA T. RIZK

MARGARET M. BERNAL

MARGARET MILLER BERNAL

 

Party Details

Plaintiffs and Petitioners

MENDEZ CARMEN

MENDEZ ATZIM

MENDEZ MARIA DEL CARMEN

Defendants and Respondents

ART THOMAS MACHINERY CO. INC

PRECISION TUBE BENDING

DOES 1 TO 100

PINES ENGINEERING CO. INC

ENCARNACION MARCOS A. (DOE 1)

ENCARNACION MARCOS A. DOE 1

PRECISION TUBE BENDING INC

ART THOMAS MACHINERY CO INC

PINES ENGINEERING CO. INC.

ENCARNACION MARCOS A

H&H TOOLING

STAINLESS STEEL PRODUCTS INC.

D&D LEASING

Attorney/Law Firm Details

Defendant and Plaintiff Attorneys

BRYMAN & APELIAN

BRYMAN ANDREW CHARLES

BRYMAN ANDREW C. ESQ.

Plaintiff and Petitioner Attorney

BRYMAN ANDREW C. ESQ.

Defendant and Respondent Attorneys

SCHUMANN KIM. ESQ.

SONNETT ANTHONY E. ESQ.

SCHUMANN RALLO & ROSENBERG LLP

LEWIS BRISBOIS BISGAARD & SMITH LLP

BRYMAN & APELIAN

SARGOY CHRISTOPHER MICHAEL

SCHUMANN KIM

BRYMAN ANDREW CHARLES

AREVALO ERIC

SCHUMANN KIM ESQ.

 

Court Documents

Notice of Ruling

10/8/2020: Notice of Ruling

Declaration - DECLARATION (AMENDED) OF BRENDEN M. NORTON, ESQ. IN SUPPORT OF PLAINTIFFS MOTION FOR LEAVE TO AMEND COMPLAINT

9/17/2020: Declaration - DECLARATION (AMENDED) OF BRENDEN M. NORTON, ESQ. IN SUPPORT OF PLAINTIFFS MOTION FOR LEAVE TO AMEND COMPLAINT

Opposition - OPPOSITION OF DIANE WILLIAMS (DOE 3), TO PLAINTIFFS' EXPARTE APPLICATION FOR LEAVE TO SHORTEN TIME FOR MOTION FOR LEAVE; P&A SUPPORTING DECLARATION

9/15/2020: Opposition - OPPOSITION OF DIANE WILLIAMS (DOE 3), TO PLAINTIFFS' EXPARTE APPLICATION FOR LEAVE TO SHORTEN TIME FOR MOTION FOR LEAVE; P&A SUPPORTING DECLARATION

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION EXPARTE APPLICATION FOR AN OR...)

9/16/2020: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION EXPARTE APPLICATION FOR AN OR...)

Separate Statement - SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MSJ

7/24/2020: Separate Statement - SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MSJ

Proof of Service by Substituted Service

8/28/2019: Proof of Service by Substituted Service

Notice of Ruling

5/13/2019: Notice of Ruling

Legacy Document - LEGACY DOCUMENT TYPE: NOTICE

9/24/2018: Legacy Document - LEGACY DOCUMENT TYPE: NOTICE

Case Management Statement

3/21/2019: Case Management Statement

Stipulation and Order - STIPULATION AND ORDER STIPULATION AND PROTECTIVE ORDER

1/22/2019: Stipulation and Order - STIPULATION AND ORDER STIPULATION AND PROTECTIVE ORDER

Minute Order - Minute Order (Hearing on Petition to Compel Arbitration)

2/21/2019: Minute Order - Minute Order (Hearing on Petition to Compel Arbitration)

Other - - plaintiff's demand for arbitratiion

10/30/2018: Other - - plaintiff's demand for arbitratiion

ANSWER OF DEFENDANT PINES ENGINEERINC CO. INC. TO PLAINTIFFS' UNVERIFIED COMPLAINT

5/7/2018: ANSWER OF DEFENDANT PINES ENGINEERINC CO. INC. TO PLAINTIFFS' UNVERIFIED COMPLAINT

Motion to Quash Service of Summons -

7/9/2018: Motion to Quash Service of Summons -

PETITION TO COMPEL ARBITRATION;MEMORANDUM OF POINTS AND AUTHORITIES;AND ETC.

7/16/2018: PETITION TO COMPEL ARBITRATION;MEMORANDUM OF POINTS AND AUTHORITIES;AND ETC.

AMENDMENT TO COMPLAINT (FICTITIOUS /INCORRECT NAME)

4/6/2018: AMENDMENT TO COMPLAINT (FICTITIOUS /INCORRECT NAME)

SUMMONS -

3/1/2018: SUMMONS -

73 More Documents Available

 

Docket Entries

  • 12/10/2020
  • Hearing12/10/2020 at 13:30 PM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion for Summary Judgment

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  • 11/05/2020
  • Hearing11/05/2020 at 10:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Post-Arbitration Status Conference

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  • 11/05/2020
  • Hearing11/05/2020 at 10:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Trial Setting Conference

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  • 10/20/2020
  • Docketat 1:30 PM in Department C; Hearing on Motion for Summary Judgment - Not Held - Advanced and Continued - by Court

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  • 10/13/2020
  • DocketFirst Amended Complaint; Filed by ATZIM MENDEZ (Plaintiff); Carmen Mendez (Plaintiff)

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  • 10/08/2020
  • DocketNotice of Ruling; Filed by ATZIM MENDEZ (Plaintiff); Carmen Mendez (Plaintiff)

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  • 10/07/2020
  • Docketat 1:30 PM in Department C; Hearing on Motion for Leave (Amend Complaint) - Held - Motion Granted

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  • 10/07/2020
  • DocketCourt Order/Ruling (Hearing 10-7-20); Filed by Clerk

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  • 10/07/2020
  • DocketMinute Order ( (Hearing on Motion for Leave Amend Complaint)); Filed by Clerk

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  • 09/30/2020
  • DocketReply (of Plaintiff to Williams' Opposition to Plaintiff's Motion for Leave to Amend Complaint); Filed by ATZIM MENDEZ (Plaintiff); Carmen Mendez (Plaintiff)

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131 More Docket Entries
  • 04/06/2018
  • DocketAmendment to Complaint; Filed by Carmen Mendez (Plaintiff)

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  • 04/06/2018
  • DocketAmendment to Complaint; Filed by ATZIM MENDEZ (Plaintiff); MARIA DEL CARMEN MENDEZ (Plaintiff)

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  • 04/06/2018
  • DocketAmendment to Complaint; Filed by Attorney for Plaintiff/Petitioner

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  • 04/06/2018
  • DocketAMENDMENT TO COMPLAINT (FICTITIOUS /INCORRECT NAME)

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  • 03/01/2018
  • DocketCOMPLAINT FOR: 1) NEGLIGENCE ;ETCV

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  • 03/01/2018
  • DocketComplaint filed-Summons Issued; Filed by ATZIM MENDEZ (Plaintiff); MARIA DEL CARMEN MENDEZ (Plaintiff)

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  • 03/01/2018
  • DocketSUMMONS

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  • 03/01/2018
  • DocketSummons; Filed by ATZIM MENDEZ (Plaintiff); MARIA DEL CARMEN MENDEZ (Plaintiff)

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  • 03/01/2018
  • DocketComplaint; Filed by ATZIM MENDEZ (Plaintiff); Carmen Mendez (Plaintiff); MARIA DEL CARMEN MENDEZ (Plaintiff)

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  • 03/01/2018
  • DocketComplaint

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Tentative Rulings

Case Number: BC696035    Hearing Date: October 07, 2020    Dept: C

MENDEZ v. PINES ENGINEERING CO. INC.

CASE NO.:  BC696035

HEARING:  10/7/20

JUDGE: OLIVIA ROSALES

[Remote appearances are encouraged and will be given priority.]

#4

TENTATIVE ORDER

Plaintiffs A. and M. Mendez’s motion for leave to amend complaint is GRANTED. Plaintiffs are ordered to immediately file and serve their first amended complaint.

Moving Parties to give NOTICE.

Plaintiffs move for leave to amend the complaint pursuant to CCP § 473.

“A court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading.” (CCP § 473(a)(1).)

Attorney Bryman has submitted his declaration of fault, attesting that it was his mistake to have dismissed Williams from the Strict Liability cause of action. (Bryman Decl., ¶ 3-4.)

The court accepts counsel’s declaration of fault. In the interest of justice, the matter should be resolved on the merits.

Defendant’s authorities do not support denial of leave to amend “as a matter of law.” Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the courts discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Trial has not yet been set in this action, and the court finds that Defendant is not prejudiced because he is able to conduct discovery on the new claim.

Defendant also contends the FAC does not state facts sufficient to support a strict liability claim. However, courts generally do not consider the validity of proposed amendments to a pleading. (Kittredge Sports Co. v. Superior Court (Marker, U.S.A. (1989) 213 Cal.App.3d 1045, 1047.) The better method is to allow the amendment and permit the opposing party to demurrer or file a motion for judgment on the pleadings. (Atkinson v. Elk Corp. (2006) 109 Cal.App.4th 739, 760.)

The court finds that judicial efficiency favors resolving all of the parties’ disputed matters in the same lawsuit. Accordingly, the motion is GRANTED. Plaintiffs are ordered to immediately file and serve their first amended complaint.

Case Number: BC696035    Hearing Date: February 25, 2020    Dept: SEC

MENDEZ, et al. v. PINES ENGINEERING CO. INC., et al.

CASE NO.: BC696035

HEARING: 2/25/20

JUDGE: OLIVIA ROSALES

#8

TENTATIVE ORDER

Defendant Diane Williams’s motion to strike portions of the complaint is DENIED.

Plaintiff to give NOTICE.

Defendant Diane Williams move to strike portions of the complaint seeking pre-judgment interest pursuant to CCP § 435.5.

The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper, strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP § 436.) The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice (e.g., the court's own files or records). (CCP § 437.)

Plaintiff’s complaint alleges that while working on a Pines Tube Pipe Bending Machine power press, Plaintiff’s right hand became trapped in the pressure die area causing serious injuries. The Complaint asserts a single cause of action for Negligence (after dismissal of other claims through the meet and confer process).

CC § 3287(a) provides, “A person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled also to recover interest thereon from that day."

CC § 3288 provides, "In an action for the breach of an obligation not arising from contract, and in every case of oppression, fraud, or malice, interest may be given, in the discretion of the jury."

In a wrongful death action against an airline company to recover for the death of a passenger killed in an air crash, the trial court erred in denying prejudgment interest to plaintiffs for past economic losses. Although the amount of damages awarded in a wrongful death case which are designed to compensate noneconomic losses are akin to those awarded for pain and suffering and emotional distress, and do not support prejudgment interest, plaintiffs were entitled to prejudgment interest under CC § 3288, on those damages attributable to an ascertainable economic value, such as loss of household services or earning capacity, as well as funeral and related expenses. Interest on interim earnings from the time that they would have been earned to the time of verdict was necessary to compensate plaintiffs fully for their injuries. However, to the extent the award of damages was for future earnings after the day of verdict, plaintiffs could not recover prejudgment interest. (Canavin v. Pacific Southwest Airlines (1983) 148 Cal.App.3d 512, overruling Fox v Pacific Southwest Airlines (1982) 133 Cal App 3d 565, to the extent it holds that prejudgment interest for past economic losses may not be recovered under CC § 3288.)

Here, Plaintiffs claim pre-judgment interest on past medical expenses (¶ 16), past economic damages (¶ 17), and past earning capacity (¶ 18.) Such past economic damages are allowed under Canavin v. Pacific Southwest Airlines (1983) 148 Cal.App.3d 512.

Accordingly, the motion to strike is DENIED.