This case was last updated from Los Angeles County Superior Courts on 12/08/2022 at 11:29:08 (UTC).

ELMER ARMANDO JACINTO PALMA ET AL VS LOS ANGELES COUNTY MET

Case Summary

On 02/03/2017 ELMER ARMANDO JACINTO PALMA filed a Personal Injury - Motor Vehicle lawsuit against LOS ANGELES COUNTY MET. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is MICHAEL E. WHITAKER. The case status is Other.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9172

  • Filing Date:

    02/03/2017

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MICHAEL E. WHITAKER

 

Party Details

Plaintiff

PALMA ELMER ARMANDO JACINTO

Defendant

LOS ANGELES COUNTY METROPOLITAN

Attorney/Law Firm Details

Defendant Attorney

WEND CHRISTOPHER P

 

Court Documents

Notice of Change of Address or Other Contact Information

8/30/2021: Notice of Change of Address or Other Contact Information

Notice of Entry of Dismissal and Proof of Service

4/6/2021: Notice of Entry of Dismissal and Proof of Service

Request for Dismissal

11/18/2020: Request for Dismissal

Notice - NOTICE OF TAKING DEFENDANTS DEMURRER TO CROSS COMPLAINANT NORMAN RUSSELL

7/21/2020: Notice - NOTICE OF TAKING DEFENDANTS DEMURRER TO CROSS COMPLAINANT NORMAN RUSSELL

Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE)

7/23/2020: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE)

Notice - NOTICE OF CONTINUANCE OF DEFENDANT'S DEMURRER

4/28/2020: Notice - NOTICE OF CONTINUANCE OF DEFENDANT'S DEMURRER

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/17/2020

4/17/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/17/2020

Minute Order - MINUTE ORDER (COURT ORDER)

4/17/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Demurrer - without Motion to Strike

3/18/2020: Demurrer - without Motion to Strike

Declaration - DECLARATION DECLARATION OF DEMURRING OR MOVING PARTY IN SUPPORT OF AUTOMATIC EXTENSION

2/20/2020: Declaration - DECLARATION DECLARATION OF DEMURRING OR MOVING PARTY IN SUPPORT OF AUTOMATIC EXTENSION

Amended Complaint - FIRST AMENDED COMPLAINT

12/11/2019: Amended Complaint - FIRST AMENDED COMPLAINT

Declaration - DECLARATION OF DEMURRING OR MOVING PARTY IN SUPPORT OF AUTOMATIC EXTENSION

7/25/2019: Declaration - DECLARATION OF DEMURRING OR MOVING PARTY IN SUPPORT OF AUTOMATIC EXTENSION

Notice - NOTICE OF TAKING ITS MOTION FOR SUMMARY JUDGMENT OFF-CALENDAR

7/9/2019: Notice - NOTICE OF TAKING ITS MOTION FOR SUMMARY JUDGMENT OFF-CALENDAR

Notice of Ruling

6/27/2019: Notice of Ruling

Proof of Personal Service

6/24/2019: Proof of Personal Service

Answer - ANSWER TO COMPLAINT

6/24/2019: Answer - ANSWER TO COMPLAINT

Declaration - DECLARATION DECLARATION OF CHRISTOPHER P. WEND, ESQ., IN SUPPORT OF DEFENDANT LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITYS OPPOSITION TO PLAINTIFFS MOTION FOR RELIEF FROM OR

6/10/2019: Declaration - DECLARATION DECLARATION OF CHRISTOPHER P. WEND, ESQ., IN SUPPORT OF DEFENDANT LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITYS OPPOSITION TO PLAINTIFFS MOTION FOR RELIEF FROM OR

Opposition - OPPOSITION DEFENDANT LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY'S OPPOSITION TO PLAINTIFFS' MOTION FOR RELIEF FROM ORDER DEEMING MATTERS ADMITTED; DECLARATION OF CHRISTOPHER

6/10/2019: Opposition - OPPOSITION DEFENDANT LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY'S OPPOSITION TO PLAINTIFFS' MOTION FOR RELIEF FROM ORDER DEEMING MATTERS ADMITTED; DECLARATION OF CHRISTOPHER

42 More Documents Available

 

Docket Entries

  • 08/31/2021
  • DocketUpdated -- Christopher P Wend (Attorney): First Name changed from JOHNSON, to Christopher; Last Name changed from LA FOLLETTE to Wend; Organization Name: LaFollette Johnson De Haas Fesler & Ames; Middle Name changed from DE HAAS FESLER to P

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  • 08/31/2021
  • DocketAddress for Christopher P Wend (Attorney) updated

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  • 08/30/2021
  • DocketNotice of Change of Address or Other Contact Information; Filed by: Los Angeles County Metropolitan (Defendant)

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  • 04/06/2021
  • DocketNotice of Entry of Dismissal and Proof of Service; Filed by: Los Angeles County Metropolitan (Defendant)

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  • 02/05/2021
  • DocketUpdated -- Request for Dismissal (not entered): Name Extension: (not entered); As To Parties changed from Los Angeles County Metropolitan (Defendant) to Los Angeles County Metropolitan (Defendant)

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  • 02/05/2021
  • DocketOn the Amended Complaint (1st) filed by Elmer Armando Jacinto Palma on 12/11/2019, entered Request for Dismissal with prejudice filed by Elmer Armando Jacinto Palma as to the entire action

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  • 07/23/2020
  • DocketUpdated -- Demurrer - without Motion to Strike: Filed By: Los Angeles County Metropolitan (Defendant); Result: Withdrawn; Result Date: 07/23/2020

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  • 07/23/2020
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike)

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  • 07/23/2020
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 07/23/2020 at 03:30 PM in Spring Street Courthouse at Department 32 Not Held - Taken Off Calendar by Party on 07/23/2020

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  • 07/21/2020
  • DocketNotice of Taking Defendants Demurrer to Cross Complainant Norman Russell; Filed by: Los Angeles County Metropolitan (Defendant); As to: Elmer Armando Jacinto Palma (Plaintiff)

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70 More Docket Entries
  • 08/29/2017
  • DocketMinute order entered: 2017-08-29 00:00:00

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  • 08/29/2017
  • DocketDocument:Notice of Change of Address Filed by: Attorney for Plaintiff/Petitioner

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  • 08/01/2017
  • DocketDocument:Notice-Related Cases Filed by: Attorney for Defendant/Respondent

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  • 03/03/2017
  • DocketDocument:Demand for Jury Trial Filed by: Attorney for Defendant/Respondent

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  • 03/03/2017
  • DocketDocument:Answer to Complaint Filed by: Attorney for Defendant/Respondent

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  • 02/16/2017
  • DocketDocument:Proof-Service/Summons Filed by: Attorney for Plaintiff/Petitioner

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  • 02/06/2017
  • DocketCalendaring:Final Status Conference 06/25/18 at 10:00 am Benny C. Osorio

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  • 02/06/2017
  • DocketCalendaring:Jury Trial 07/09/18 at 8:30 am Benny C. Osorio

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  • 02/03/2017
  • DocketCase Filed/Opened:Motor Vehicle - PI/PD/WD

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  • 02/03/2017
  • DocketDocument:Complaint Filed by: N/A

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Tentative Rulings

Case Number: ****9172    Hearing Date: July 23, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

elmer armando jacinto palma, et al.,

Plaintiffs,

vs.

Los Angeles County Metropolitan transportation authority,

Defendant.

Case No.: ****9172, consolidated with

BC654567, BC646257, and

BC664475

Hearing Date: July 23, 2020

[TENTATIVE] order RE:

DEMURRER TO Cross-complaint

Background

Plaintiffs Elmer Armando Jacinto Palma and Camille Diane Lockette (“Plaintiffs”) filed this action against Defendant Los Angeles County Metropolitan Transportation Authority (“Metro”) following a motor vehicle collision. Plaintiffs later named Defendant Norman Russell (“Russell”) via Doe amendment. Russell then filed a cross-complaint against Metro. Metro demurs to the cross-complaint, which Russell opposes. The demurrer is sustained with leave to amend.

LEGAL STANDARD

“It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.”  (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.)  In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint.  (Code Civ. Proc., ; 452.) “This rule of liberal construction means that the reviewing court draws inferences favorable to the plaintiff, not the defendant.”  (Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228, 1238.)

DISCUSSION

Metro alleges that Russell has not alleged compliance with the claims presentation requirement. Per the Government Claims Act, a party with a claim for damages against a public entity must first file claim directly with that entity. The party may file a lawsuit only if the public entity denies or rejects the claim. (Gov. Code ;; 905, 945.4; City of Ontario v. Superior Court (1993) 12 Cal.App.4th 894.) The claims presentation requirement provides the public entity with an opportunity to evaluate the claim and decide whether to pay on the claim. (Roberts v. County of Los Angeles (2009) 175 Cal.App.4th 474.) Failure to allege facts demonstrating compliance with the claims presentation requirement subjects the complaint to a general demurrer. (State of Calif. v. Superior Court (2004) 32 Cal.4th 1234, 1239.) Russell does not allege any facts in his cross-complaint regarding his compliance with the claims presentation requirement.

Conclusion and Order

Metro’s demurrer is sustained with leave to amend. Russell may file an amended cross-complaint within ten (10) days of notice. Metro shall provide notice and file proof of such with the Court.

DATED: July 23, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court



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