This case was last updated from Los Angeles County Superior Courts on 04/29/2020 at 09:38:38 (UTC).

DOLORES TARIN ET AL VS ROCHELLE LIND

Case Summary

On 01/19/2017 DOLORES TARIN filed a Personal Injury - Other Personal Injury lawsuit against ROCHELLE LIND. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ELIZABETH ALLEN WHITE. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7463

  • Filing Date:

    01/19/2017

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Other Personal Injury

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

ELIZABETH ALLEN WHITE

 

Party Details

Plaintiffs, Petitioners and Appellants

TARIN DOLORES

ENCINAS ERIK

Defendants, Respondents and Appellants

LIND ROCHELLE

TARIN DOLORES

TARIN JESSE

DOES 1 TO 30

Not Classified By Court

LAW OFFICES OF MARK D. LICKER

MCCOY TIMOTHY J.

WALTERS CORSON LAWANNA

MCGIVERN DIANNE M.

LEGAL SUPPORT NETWORK LLC

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

FREIHUBE RAIMUND ESQ.

Defendant Attorney

LICKER MARK D.

 

Court Documents

Notice of Change of Address or Other Contact Information

7/1/2019: Notice of Change of Address or Other Contact Information

OPPOSITION TO EX PARTE APPLICATION OF DEFENDANT JESSE TARIN FOR ORDER SETTING EARLIER HEARING DATE ON MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS; ETC

2/27/2018: OPPOSITION TO EX PARTE APPLICATION OF DEFENDANT JESSE TARIN FOR ORDER SETTING EARLIER HEARING DATE ON MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS; ETC

OPPOSITION TO EX PARTE APPLICATION OF DEFENDANT ROCHELLE LIND FOR ORDER SETTING EARLIER HEARING DATE ON MOTION FOR JUDGMENT ON THE PLEADINGS; ETC

2/27/2018: OPPOSITION TO EX PARTE APPLICATION OF DEFENDANT ROCHELLE LIND FOR ORDER SETTING EARLIER HEARING DATE ON MOTION FOR JUDGMENT ON THE PLEADINGS; ETC

Proof of Service -

5/7/2018: Proof of Service -

Proof of Service -

5/7/2018: Proof of Service -

Minute Order -

6/25/2018: Minute Order -

TRIAL BRIEF ON EXCLUSION OF EXPERT OPINION TESTIMONY

6/25/2018: TRIAL BRIEF ON EXCLUSION OF EXPERT OPINION TESTIMONY

OPPOSITION BY PLAINTIFF DOLORES TARIN TO DEFENDANTS? MOTION IN LIMINE (TRIAL BRIEF) REGARDING WHY THE JURY SHOULD NOT BE INSTRUCTED AS TO LOSS OF PARENTAL CONSORTIUM OR INTENTIONAL INFLICTION OF EMOTI

7/9/2018: OPPOSITION BY PLAINTIFF DOLORES TARIN TO DEFENDANTS? MOTION IN LIMINE (TRIAL BRIEF) REGARDING WHY THE JURY SHOULD NOT BE INSTRUCTED AS TO LOSS OF PARENTAL CONSORTIUM OR INTENTIONAL INFLICTION OF EMOTI

ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE

7/16/2018: ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE

Opposition - by Plaintiff Dolores Tarin to in Limine Request that Court Sua Sponte Grant Judgment on the Pleadings as to the First, Third, Fourth and Fifth Causes of Action by Defendant Rochelle Lind

11/5/2018: Opposition - by Plaintiff Dolores Tarin to in Limine Request that Court Sua Sponte Grant Judgment on the Pleadings as to the First, Third, Fourth and Fifth Causes of Action by Defendant Rochelle Lind

Proof of Personal Service

2/15/2019: Proof of Personal Service

Appeal - Ntc Designating Record of Appeal APP-003/010/103

2/27/2019: Appeal - Ntc Designating Record of Appeal APP-003/010/103

Appeal - Notice of Fees Due for Clerk's Transcript on Appeal

5/21/2019: Appeal - Notice of Fees Due for Clerk's Transcript on Appeal

NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL

2/14/2017: NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL

DECLARATION OF PREJUDICE (C.C.P. SECTION 170.6)

2/17/2017: DECLARATION OF PREJUDICE (C.C.P. SECTION 170.6)

PROOF OF SERVICE OF SUMMONS

4/3/2017: PROOF OF SERVICE OF SUMMONS

REQUEST FOR DISMISSAL -

5/2/2017: REQUEST FOR DISMISSAL -

OPPOSITION OF PLAINTIFF DOLORES TARIN TO SPECIAL MOTION TO STRIKE OF DEFENDANT ROCHELLE LIND TO THE FIRST, SECOND, THIRD, FOURTH, FIFTH AND ELEVENTH CAUSES OF ACTION IN THE FIRST AMENDED COMPLAINT FOR

5/12/2017: OPPOSITION OF PLAINTIFF DOLORES TARIN TO SPECIAL MOTION TO STRIKE OF DEFENDANT ROCHELLE LIND TO THE FIRST, SECOND, THIRD, FOURTH, FIFTH AND ELEVENTH CAUSES OF ACTION IN THE FIRST AMENDED COMPLAINT FOR

141 More Documents Available

 

Docket Entries

  • 09/03/2019
  • DocketNotice of Change of Address or Other Contact Information; Filed by Raimund Freihube, Esq. (Attorney)

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  • 07/26/2019
  • DocketAppeal Record Delivered; Filed by Clerk

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  • 07/01/2019
  • DocketNotice of Change of Address or Other Contact Information; Filed by Mark D. Licker (Attorney)

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  • 06/25/2019
  • DocketAppeal - Original Clerk's Transcript 1 - 5 Volumes Certified (for Notice of Appeal, filed 2/7/19); Filed by Clerk

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  • 05/31/2019
  • DocketAppeal - Clerk's Transcript Fee Paid (Appellant $652.24)

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  • 05/21/2019
  • DocketAppeal - Notice of Fees Due for Clerk's Transcript on Appeal; Filed by Clerk

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  • 05/06/2019
  • DocketAppeal - Notice Court Reporter to Prepare Appeal Transcript; Filed by Clerk

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  • 03/28/2019
  • DocketAppeal - Reporter Appeal Transcript Process Fee Paid (RESPONDENT PAID $1020.00); Filed by Rochelle Lind (Defendant); Jesse Tarin (Defendant)

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  • 03/15/2019
  • DocketAppeal - Notice of Default Issued; Filed by Clerk

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  • 03/06/2019
  • DocketAppeal - Reporter Appeal Transcript Process Fee Paid; Filed by Dolores Tarin (Appellant)

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306 More Docket Entries
  • 02/14/2017
  • DocketDeclaration; Filed by Dolores Tarin (Plaintiff)

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  • 02/14/2017
  • DocketNOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL

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  • 02/14/2017
  • DocketDECLARATION IN SUPPORT OF ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL

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  • 02/08/2017
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 02/08/2017
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 02/02/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 02/02/2017
  • DocketProof-Service/Summons; Filed by Dolores Tarin (Plaintiff)

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  • 01/19/2017
  • DocketSUMMONS

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  • 01/19/2017
  • DocketComplaint; Filed by Dolores Tarin (Plaintiff); Erik Encinas (Plaintiff)

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  • 01/19/2017
  • DocketCOMPLAINT FOR DAMAGES OF PLAINTIFFS DOLORES TARIN AND ERIK ENCINAS FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, INTENTIONAL INTERFERENCE WITH PARENTAL CONSORTIUM, CONSPIRACY, ELDER ABUSE AND FALSE LIGHT INVASION OF PRIVACY

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Tentative Rulings

Case Number: BC647463    Hearing Date: March 26, 2021    Dept: 48

[TENTATIVE] ORDER RE: MOTION TO AMEND JUDGMENT

On December 14, 2018, the Court entered judgment in favor of Defendants Jesse Tarin and Rochelle Lind (collectively, “Defendants”) and against Plaintiff Dolores Tarin (“Plaintiff”), awarding them their costs. Following Defendants’ memorandum of costs and Plaintiff’s motion to tax costs, the Court awarded Defendants prejudgment costs of $11,572.44.

On appeal, the Court of Appeal affirmed and awarded Defendants their costs on appeal. Remittitur issued on June 11, 2020. Defendants served a memorandum of costs on appeal on June 15, 2020, seeking costs of $2,039.97. Plaintiff did not file and serve a motion to tax costs, so Defendants were entitled to their costs as of June 30, 2020. (See California Rules of Court, rules 3.1700(b)(1), 8.278(c)(2).)

On February 19, 2021, Defendants filed this motion to amend judgment. Defendants request that the Court modify the December 14, 2018 judgment to include Defendants’ costs on appeal. According to Defendants, the expense involved in perfecting and enforcing a separate judgment for the additional costs on appeal would make collection unfeasible.

An award of costs on appeal is already “enforceable as a money judgment.” (Cal. Rules of Court, rule 8.278(c)(3). “[T]he award of costs on appeal, when properly allowed in the trial court, represents an independent judgment, enforceable by any available means. ‘It is a complete judgment in itself that finds its origin in the order of an appellate [court] or the Supreme Court affirming or reversing a judgment of a lower court. The right to such judgment comes into being when the order of the reviewing court becomes final. The judgment itself is created when the successful party files his cost bill and his costs are taxed.’ [Citations.]” (Rostack Investments, Inc. v. Sabella (2019) 32 Cal.App.5th 70, 78.) “ ‘These costs, however, are not added to the trial court judgment, but constitute a separate judgment.’ [Citation.]” (Id. at pp. 78-79.)

Therefore, costs on appeal in the amount of $2,039.97 are GRANTED. This order is separately enforceable as an independent judgment. Therefore, the motion to amend the judgment is DENIED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit. Parties intending to appear are STRONGLY encouraged to appear remotely.

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