This case was last updated from Los Angeles County Superior Courts on 06/17/2019 at 21:55:30 (UTC).

EDUARDO MARTIN YANEZ VS JOHN SUAREZ JR ET AL

Case Summary

On 03/14/2017 EDUARDO MARTIN YANEZ filed a Personal Injury - Motor Vehicle lawsuit against JOHN SUAREZ JR. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is LAURA A. SEIGLE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3917

  • Filing Date:

    03/14/2017

  • 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

LAURA A. SEIGLE

 

Party Details

Plaintiff and Petitioner

YANEZ EDUARDO MARTIN

Defendants and Respondents

DOES 1-10

SUAREZ JOHN

YATES TRUCKING INC

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

ELLIS LAW CORPORATION

Defendant and Respondent Attorney

TSENG JENNIFER T. ESQ.

 

Court Documents

[PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

8/9/2018: [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

Minute Order

2/7/2019: Minute Order

Ex Parte Application

2/7/2019: Ex Parte Application

Notice of Ruling

2/11/2019: Notice of Ruling

Unknown

6/19/2018: Unknown

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

3/14/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

SUMMONS

3/14/2017: SUMMONS

PROOF OF SERVICE SUMMONS

4/24/2017: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

7/3/2017: PROOF OF SERVICE SUMMONS

Answer

9/12/2017: Answer

 

Docket Entries

  • 04/30/2019
  • at 1:30 PM in Department 4B, Laura A. Seigle, Presiding; Hearing on Motion to Compel (Motion to Compel Inspection) - Not Held - Taken Off Calendar by Party

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  • 03/27/2019
  • at 1:30 PM in Department 4B, Laura A. Seigle, Presiding; Hearing on Motion to Compel (Motion to Compel Inspection) - Not Held - Rescheduled by Party

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  • 03/12/2019
  • at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Jury Trial - Not Held - Continued - Party's Motion

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  • 03/01/2019
  • at 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Continued - Party's Motion

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  • 02/11/2019
  • Notice of Ruling; Filed by Eduardo Martin Yanez (Plaintiff)

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  • 02/07/2019
  • at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Hearing on Ex Parte Application (TO CONTINUE TRIAL DATE AND RELATED DATES OR ALTERNATIVELY TO SHORTEN TIME TO HEAR PLAINTIFF'S MOTION TO COMPEL THE INSPECTION OF DEFENDANT'S VEHICLE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JUSTINA G. RAMON;) - Held - Motion Granted

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  • 02/07/2019
  • Minute Order ( (Hearing on Ex Parte Application TO CONTINUE TRIAL DATE AND RE...)); Filed by Clerk

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  • 02/07/2019
  • Ex Parte Application (PLAINTIFF'S EX PARTE APPLICATION TO CONTINUE TRIAL DATE AND RELATED DATES OR ALTERNATIVELY TO SHORTEN TIME TO HEAR PLAINTIFF'S MOTION TO COMPEL THE INSPECTION OF DEFENDANT'S VEHICLE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JUSTINA G. RAMON;); Filed by Eduardo Martin Yanez (Plaintiff)

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  • 09/14/2018
  • at 08:30 AM in Department 7; Jury Trial (Jury Trial; Matter continued) -

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  • 08/28/2018
  • at 10:00 AM in Department 7; Final Status Conference (Final Status Conference; Matter continued) -

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3 More Docket Entries
  • 06/19/2018
  • CIVIL DEPOSIT

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  • 09/12/2017
  • Answer

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  • 09/12/2017
  • Answer; Filed by John Suarez (Defendant); Yates Trucking, Inc (Defendant)

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  • 07/03/2017
  • Proof-Service/Summons; Filed by Eduardo Martin Yanez (Plaintiff)

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  • 07/03/2017
  • PROOF OF SERVICE SUMMONS

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  • 04/24/2017
  • Proof-Service/Summons; Filed by Eduardo Martin Yanez (Plaintiff)

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  • 04/24/2017
  • PROOF OF SERVICE SUMMONS

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  • 03/14/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 03/14/2017
  • Complaint; Filed by Eduardo Martin Yanez (Plaintiff)

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  • 03/14/2017
  • SUMMONS

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Tentative Rulings

Case Number: BC653917    Hearing Date: February 25, 2020    Dept: 27

[TENTATIVE] ORDER RE: MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

On March 14, 2017, plaintiff Eduardo Martin Yanez filed this action against defendants John Suarez, Jr. (“Suarez”) and Yates Trucking, Inc. (“Yates”) relating to an April 8, 3016 motor vehicle accident. At the time of the accident, Suarez was driving as an employee of Yates. Suarez has since passed away and Plaintiff seeks leave to file a first amended complaint to substitute Suarez’s estate (“Estate”) as the defendant in this action. Defendant opposes, contending that Plaintiff has not made clear that Plaintiff is limiting damages to the insurance policy limits.

Probate Code section 550, subdivision (a) allows an action to establish the decedent’s liability for which the decedent was protected by insurance to be continued against the decedent’s estate without the need to join as a party the decedent’s personal representative or successor in interest. Otherwise, an estate cannot be a defendant as an estate is not a legal entity.

Plaintiff does not state whether he is limiting his claim against the estate to the extent of the policy limits. If he is not so limiting his claim, he cannot continue this litigation against the estate and must instead follow the Probate Code procedures to name a personal representative. Accordingly, Plaintiff’s Motion is DENIED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative.