This case was last updated from Los Angeles County Superior Courts on 10/06/2020 at 07:42:23 (UTC).

BELINDA KIM JARVIS VS SALVADOR PEREZ

Case Summary

On 07/28/2017 BELINDA KIM JARVIS filed a Personal Injury - Other Personal Injury lawsuit against SALVADOR PEREZ. This case was filed in Los Angeles County Superior Courts, Governor George Deukmejian Courthouse located in Los Angeles, California. The Judges overseeing this case are CHRISTOPHER K. LUI, MICHAEL P. VICENCIA, STEPHEN M. MOLONEY and DANIEL M. CROWLEY. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0261

  • Filing Date:

    07/28/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Governor George Deukmejian Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

CHRISTOPHER K. LUI

MICHAEL P. VICENCIA

STEPHEN M. MOLONEY

DANIEL M. CROWLEY

 

Party Details

Plaintiff and Petitioner

KIM BELINDA

Defendants and Respondents

PEREZ SALVADOR

DOES 1 TO 100

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

ZAVIDOW ROBERT M. ESQ.

DOUCETTE JASON R. ESQ.

NGUYEN MINH TRI

DOUCETTE JASON REILLY

GONONG CHRISTINE JUNGCO

Defendant and Respondent Attorneys

SNYDER BRADLEY A. ESQ.

SNYDER BRADLEY ALLEN ESQ.

OLIVER SUSAN LYNN

VUKOVICH DANIELLE JASMINE

SNYDER BRADLEY ALLEN

OLIVER SUSAN

 

Court Documents

Proof of Service (not Summons and Complaint)

8/20/2020: Proof of Service (not Summons and Complaint)

Motion in Limine - MOTION IN LIMINE NO. 16

8/11/2020: Motion in Limine - MOTION IN LIMINE NO. 16

Opposition - OPPOSITION PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION IN LIMINE NO. 14

8/13/2020: Opposition - OPPOSITION PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION IN LIMINE NO. 14

Opposition - OPPOSITION PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION IN LIMINE NO. 8

8/13/2020: Opposition - OPPOSITION PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION IN LIMINE NO. 8

Opposition - OPPOSITION PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION IN LIMINE NO. 2

8/13/2020: Opposition - OPPOSITION PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION IN LIMINE NO. 2

Reply - REPLY IN SUPPORT OF MOTION FOR LEAVE TO CONDUCT DISCOVERY BY MENTAL EXAM

4/21/2020: Reply - REPLY IN SUPPORT OF MOTION FOR LEAVE TO CONDUCT DISCOVERY BY MENTAL EXAM

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/13/2020

4/13/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/13/2020

Memorandum of Points & Authorities

4/2/2020: Memorandum of Points & Authorities

Proof of Service by Mail

3/20/2020: Proof of Service by Mail

Minute Order - MINUTE ORDER (COURT ORDER)

3/17/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

2/13/2020: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

Case Management Statement

1/31/2020: Case Management Statement

Notice - NOTICE OF ASSOCIATION OF COUNSEL

8/13/2019: Notice - NOTICE OF ASSOCIATION OF COUNSEL

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Perso

12/7/2018: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Perso

Association of Attorney

10/16/2018: Association of Attorney

MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES

9/10/2018: MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES

NOTICE OF MOTION AND MOTION TO COMPEL VERIFIED ANSWERS WITHOUT OBJECTION TO PLAINTIFF'S FIRST SET OF FORM INTERROGATORIES AND REQUEST FOR MONETARY SANCTIONS OF $900 FROM DEFENDANT AND HIS COUNSEL; MEM

8/2/2018: NOTICE OF MOTION AND MOTION TO COMPEL VERIFIED ANSWERS WITHOUT OBJECTION TO PLAINTIFF'S FIRST SET OF FORM INTERROGATORIES AND REQUEST FOR MONETARY SANCTIONS OF $900 FROM DEFENDANT AND HIS COUNSEL; MEM

NOTICE OF MOTION AND MOTION TO COMPEL VERIFIED ANSWERS WITHOUT OBJECTION TO PLAINTIFF'S FIRST SET OF REQUEST FOR PRODUCTION AND REQUEST FOR MONETARY SANCTIONS OF $300 FROM DEFENDANT AND HIS COUNSEL;

8/2/2018: NOTICE OF MOTION AND MOTION TO COMPEL VERIFIED ANSWERS WITHOUT OBJECTION TO PLAINTIFF'S FIRST SET OF REQUEST FOR PRODUCTION AND REQUEST FOR MONETARY SANCTIONS OF $300 FROM DEFENDANT AND HIS COUNSEL;

147 More Documents Available

 

Docket Entries

  • 01/11/2021
  • Hearing01/11/2021 at 08:30 AM in Department S26 at 275 Magnolia, Long Beach, CA 90802; Jury Trial

    Read MoreRead Less
  • 01/08/2021
  • Hearing01/08/2021 at 08:30 AM in Department S26 at 275 Magnolia, Long Beach, CA 90802; Final Status Conference

    Read MoreRead Less
  • 08/31/2020
  • Docketat 08:30 AM in Department S26, Michael P. Vicencia, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court

    Read MoreRead Less
  • 08/21/2020
  • Docketat 08:30 AM in Department S26, Michael P. Vicencia, Presiding; Final Status Conference - Held - Continued

    Read MoreRead Less
  • 08/21/2020
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

    Read MoreRead Less
  • 08/20/2020
  • DocketProof of Service (not Summons and Complaint); Filed by Salvador Perez (Defendant)

    Read MoreRead Less
  • 08/13/2020
  • DocketOpposition (Plaintiff's Opposition to Defendant's Motion in Limine No. 6); Filed by Belinda Kim (Plaintiff)

    Read MoreRead Less
  • 08/13/2020
  • DocketOpposition (Plaintiff's Opposition to Defendant's Motion in Limine No. 11); Filed by Belinda Kim (Plaintiff)

    Read MoreRead Less
  • 08/13/2020
  • DocketOpposition (Plaintiff's Opposition to Defendant's Motion in Limine No. 13); Filed by Belinda Kim (Plaintiff)

    Read MoreRead Less
  • 08/13/2020
  • DocketOpposition (Plaintiff's Opposition to Defendant's Motion in Limine No. 15); Filed by Belinda Kim (Plaintiff)

    Read MoreRead Less
207 More Docket Entries
  • 08/02/2018
  • DocketNOTICE OF MOTION AND MOTION TO COMPEL VERIFIED ANSWERS WITHOUT OBJECTION TO PLAINTIFF'S FIRST SET OF FORM INTERROGATORIES AND REQUEST FOR MONETARY SANCTIONS OF $900 FROM DEFENDANT AND HIS COUNSEL; MEMORANDUM OF POINTS AND AUTHORITIES;

    Read MoreRead Less
  • 06/25/2018
  • DocketCIVIL DEPOSIT

    Read MoreRead Less
  • 06/25/2018
  • DocketReceipt; Filed by Belinda Kim (Plaintiff)

    Read MoreRead Less
  • 11/22/2017
  • DocketAnswer

    Read MoreRead Less
  • 11/22/2017
  • DocketAnswer; Filed by Salvador Perez (Defendant)

    Read MoreRead Less
  • 08/16/2017
  • DocketProof of Service (not Summons and Complaint); Filed by Belinda Kim (Plaintiff)

    Read MoreRead Less
  • 08/16/2017
  • DocketPROOF OF SERVICE OF SUMMONS

    Read MoreRead Less
  • 07/28/2017
  • DocketSUMMONS

    Read MoreRead Less
  • 07/28/2017
  • DocketComplaint; Filed by Belinda Kim (Plaintiff)

    Read MoreRead Less
  • 07/28/2017
  • DocketCOMPLAINT FOR PERSONAL INJURIES

    Read MoreRead Less

Tentative Rulings

Case Number: BC670261    Hearing Date: January 17, 2020    Dept: 28

Motion for Leave to Amend Complaint

Having considered the moving, opposing, and reply papers, the Court rules as follows.

BACKGROUND

On July 28, 2017, Plaintiff Belinda Kim Jarvis (“Plaintiff”) filed a complaint against Defendant Salvador Perez (“Defendant”).  The complaint alleges a violation of Civil Code section 3342, negligence, and premises liability for a dog bite that occurred on January 12, 2017.

On December 20, 2019, Plaintiff filed a motion for leave to file an amended complaint pursuant to California Code of Civil Procedure section 473, subdivision (a)(1).

Trial is set for June 17, 2020.

PARTYS REQUEST

Plaintiff asks the Court to grant leave for Plaintiff to file a first amended complaint (“FAC”) to allege intentional infliction of emotional distress and punitive damages against Defendant because of Defendant’s a bad faith bankruptcy filing.

LEGAL STANDARD

California Code of Civil Procedure section 473, subdivision (a)(1) provides, in relevant part: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.  The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.”

“This discretion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit.”  (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.)  Ordinarily, the court will not consider the validity of the proposed amended pleading in ruling on a motion for leave since grounds for a demurrer or motion to strike are premature.  The court, however, does have discretion to deny leave to amend where a proposed amendment fails to state a valid cause of action as a matter of law and the defect cannot be cured by further amendment.  (See California Casualty General Ins. Co. v. Superior Court (1985) 173 Cal.App.3d 274, 281 (overruled on other grounds by Kransco v. American Empire Surplus Lines Ins. Co. (2000) 23 Cal.4th 390).)

Under California Rules of Court Rule, rule 3.1324, subdivision (a), a motion to amend a pleading shall (1) include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; (2) state what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph and line number, the deleted allegations are located; and (3) state what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. 

Under California Rule of Court, rule 3.1324, subdivision (b), a separate declaration must accompany the motion and must specify (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made earlier.

DISCUSSION

Plaintiff argues there is good cause for leave to file the FAC to allege intentional infliction of emotional distress and punitive damages against Defendant because Defendant provided false deposition testimony and asked a witness to lie.

Defendant argues there are insufficient facts alleged to state a cause of action for intentional infliction of emotional distress.  The Court disagrees.  The FAC alleges Defendant intentionally committed perjury and sought for a witness to lie about the underlying facts, which caused Plaintiff severe emotional distress.  As such, Plaintiff has sufficiently alleged that Defendant’s intentional outrageous conduct caused Plaintiff severe emotional distress.  (See Hughes v. Pair (2009) 46 Cal.4th 1035, 1050-1051.)

Defendant argues there are insufficient facts alleged to seek punitive damages.  Again, the Court disagrees.  Plaintiff’s allegation of Defendant’s commission of an intentional tort enables Plaintiff to seek punitive damages.  (See McAfee v. Ricker (1961) 195 Cal.App.2d 630, 632-634.)

Defendant lastly argues he is immune from Plaintiff’s intentional infliction of emotional distress cause of action based on the litigation privilege.

CONCLUSION

The motion is GRANTED.

Plaintiff shall file and serve the proposed FAC attached as Exhibit 5 to Christine J. Gonong’s declaration within 30 days of this ruling.

Plaintiff is ordered to give notice of this ruling.