This case was last updated from Los Angeles County Superior Courts on 06/30/2019 at 01:31:07 (UTC).

BILLY PARKER VS JESSICA MONIQUE RIOS ET AL

Case Summary

On 02/06/2018 BILLY PARKER filed a Personal Injury - Motor Vehicle lawsuit against JESSICA MONIQUE RIOS. 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:

    ****2873

  • Filing Date:

    02/06/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

JON R. TAKASUGI

 

Party Details

Plaintiff and Petitioner

PARKER BILLY

Respondents and Defendants

FC PAC HOLDINGS LLC

RIOS JESSICA MONIQUE

KAN DI KI LLC

DIAGNOSTIC LABORATORIES

DOES 1 TO 50

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

AZIZI DANIEL ESQ.

Respondent and Defendant Attorneys

IRVING FENG

FENG IRVING

 

Court Documents

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

2/6/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

SUMMONS

2/6/2018: SUMMONS

PROOF OF SERVICE SUMMONS

2/23/2018: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

2/16/2018: PROOF OF SERVICE SUMMONS

REQUEST FOR DISMISSAL

3/27/2018: REQUEST FOR DISMISSAL

CIVIL DEPOSIT

3/12/2018: CIVIL DEPOSIT

ANSWER TO COMPLAINT AND DEMAND FOR TRIAL BY JURY

3/12/2018: ANSWER TO COMPLAINT AND DEMAND FOR TRIAL BY JURY

Notice

10/18/2018: Notice

Notice of Motion

10/5/2018: Notice of Motion

 

Docket Entries

  • 12/07/2018
  • at 10:00 AM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion to Compel (further responses to special interrogatories) - Not Held - Taken Off Calendar by Party

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  • 10/18/2018
  • Notice (of taking Plaintiff's motion to compel further responses to special interrogatories against Jessica Monica Rios off calendar); Filed by Billy Parker (Plaintiff)

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  • 10/05/2018
  • Notice of Motion (and motion to compel further responses to special interrogatories against Jessica Monica Rios;...)

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  • 03/27/2018
  • REQUEST FOR DISMISSAL

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  • 03/27/2018
  • Partial Dismissal (w/o Prejudice); Filed by Plaintiff/Petitioner

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  • 03/12/2018
  • CIVIL DEPOSIT

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  • 03/12/2018
  • Receipt; Filed by Jessica Monique Rios (Defendant); Kan Di Ki LLC (Defendant); Diagnostic Laboratories (Legacy Party)

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  • 03/12/2018
  • Answer; Filed by Jessica Monique Rios (Defendant); Kan Di Ki LLC (Defendant); Diagnostic Laboratories (Legacy Party)

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  • 03/12/2018
  • ANSWER TO COMPLAINT AND DEMAND FOR TRIAL BY JURY

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  • 02/23/2018
  • Proof-Service/Summons; Filed by Billy Parker (Plaintiff)

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  • 02/23/2018
  • PROOF OF SERVICE SUMMONS

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  • 02/16/2018
  • Proof-Service/Summons; Filed by Billy Parker (Plaintiff)

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  • 02/16/2018
  • PROOF OF SERVICE SUMMONS

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  • 02/06/2018
  • SUMMONS

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  • 02/06/2018
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 02/06/2018
  • Summons Issued; Filed by Billy Parker (Plaintiff)

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  • 02/06/2018
  • Complaint; Filed by Billy Parker (Plaintiff)

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Tentative Rulings

b'

Case Number: BC692873 Hearing Date: September 2, 2021 Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

BILLY PARKER,

Plaintiff(s),

vs.

JESSICA MONIQUE RIOS, ET AL.,

Defendant(s).

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CASE NO: BC692873

[TENTATIVE] ORDER GRANTING MOTION TO APPOINT SUCCESSOR IN INTEREST

Dept. 31

1:30 p.m.

September 2, 2021

Plaintiff, Billy Parker (“Plaintiff”) filed this action against Defendants, Jessica Monique Rios, FC PAC Holdings LLC, and KAN Dl KI LLC dba Diagnostic Laboratories for damages arising from a vehicle vs. motorcycle accident.

At this time, Plaintiff’s son, Sean Parker Sullivan (“Sullivan”), by and through his guardian ad litem, seeks appointment as successor in interest to Plaintiff. The motion is unopposed.

The matter was last set for hearing on July 16, 2021, where it was continued to September 2, 2021, for Plaintiff to give notice of the hearing. Plaintiff filed notice with proof of service providing Plaintiff served Defendants with notice of the continued hearing on August 24, 2021.

Per CCP §377.21, a pending action does not abate by reason of the plaintiff’s death; instead, per CCP §377.33, the Court may make an order substituting the plaintiff’s personal representative or successor-in-interest as the plaintiff in the action. Per §377.31, the personal representative or successor-in-interest must make a motion to be substituted into the action.

Here, the motion complies with CCP §377.32, which requires an affidavit or declaration by the individual seeking to be substituted in as the successor-in-interest plaintiff. Sullivan’s guardian ad litem declares Sullivan is Plaintiff’s son and successor-in-interest and asserts no other person has a superior right to be substituted for decedent in the pending action.

Sullivan’s motion to be appointed as successor-interest for Plaintiff is granted pursuant CCP § 377.31.

Plaintiff is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept31@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. If the parties do not submit on the tentative, they should arrange to appear remotely.

Dated this 2nd day of September, 2021

Hon. Audra Mori

Judge of the Superior Court

'b'

Case Number: BC692873 Hearing Date: July 16, 2021 Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

BILLY PARKER,

Plaintiff(s),

vs.

JESSICA MONIQUE RIOS, ET AL.,

Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

CASE NO: BC692873

[TENTATIVE] ORDER RE: MOTION TO APPOINT SUCCESSOR IN INTEREST

Dept. 31

1:30 p.m.

July 16, 2021

Plaintiff, Billy Parker (“Plaintiff”) filed this action against Defendants, Jessica Monique Rios, FC PAC Holdings LLC, and KAN Dl KI LLC dba Diagnostic Laboratories for damages arising from a vehicle vs. motorcycle accident.

At this time, Plaintiff’s son, Sean Parker Sullivan (“Sullivan”), by and through his guardian ad litem, seeks appointment as successor in interest to Plaintiff.

The instant motion was filed initially set for hearing on July 9, 2021. However, due to the fact the court was not available to hear argument on this date, the court continued this matter to July 16, 2021, and ordered moving party, Plaintiff/ Sullivan, to give notice. As of July 12, 2021, no such notice has been filed with the court.

The court wishes to ensure Defendants have proper notice of the hearing date. The hearing on the motion is continued to _________________ at 8:30 a.m. in Department 31 of the Spring Street Courthouse. If this date is not an available date for moving party, Plaintiff/ Sullivan may use the online reservation system to change the hearing date to the next available convenient date in the system.

Alternatively, if Plaintiff can produce evidence that proper notice of the subject hearing date was given, the court rules as follows:

Per CCP §377.21, a pending action does not abate by reason of the plaintiff’s death; instead, per CCP §377.33, the Court may make an order substituting the plaintiff’s personal representative or successor-in-interest as the plaintiff in the action. Per §377.31, the personal representative or successor-in-interest must make a motion to be substituted into the action.

Here, the motion complies with CCP §377.32, which requires an affidavit or declaration by the individual seeking to be substituted in as the successor-in-interest plaintiff. Sullivan’s guardian ad litem declares Sullivan is Plaintiff’s son and successor-in-interest and asserts no other person has a superior right to be substituted for decedent in the pending action.

Sullivan’s motion to be appointed as successor-interest for Plaintiff is granted pursuant CCP § 377.31.

Plaintiff is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept31@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. If the parties do not submit on the tentative, they should arrange to appear remotely.

Dated this 16th day of July, 2021

Hon. Thomas D. Long

Judge of the Superior Court

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