This case was last updated from Los Angeles County Superior Courts on 06/07/2019 at 02:57:59 (UTC).

EVITT JAUREGUI VS ARTURO MARTINEZ ET AL

Case Summary

On 09/06/2017 EVITT JAUREGUI filed a Personal Injury - Other Personal Injury lawsuit against ARTURO MARTINEZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is CHRISTOPHER K. LUI. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3337

  • Filing Date:

    09/06/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

CHRISTOPHER K. LUI

 

Party Details

Plaintiff

JAUREGUI EVITT

Defendants

MARTINEZ JOSE

MARTINEZ MARTHA

MARTINEZ ARTURO

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

TROSHCHIY OLGA N. ESQ.

TROSHCHIY OLGA N

 

Court Documents

Notice of Change of Address or Other Contact Information

10/9/2018: Notice of Change of Address or Other Contact Information

Proof of Service (not Summons and Complaint)

11/7/2018: Proof of Service (not Summons and Complaint)

Request for Entry of Default / Judgment

11/7/2018: Request for Entry of Default / Judgment

Proof of Service (not Summons and Complaint)

11/26/2018: Proof of Service (not Summons and Complaint)

Motion to Compel Discovery

11/29/2018: Motion to Compel Discovery

Minute Order

1/9/2019: Minute Order

Notice of Ruling

1/11/2019: Notice of Ruling

Motion for Sanctions

2/5/2019: Motion for Sanctions

Minute Order

2/20/2019: Minute Order

Minute Order

3/6/2019: Minute Order

Minute Order

3/27/2019: Minute Order

Unknown

4/15/2019: Unknown

Minute Order

4/15/2019: Minute Order

REQUEST FOR ENTRY OF DEFAULT

2/2/2018: REQUEST FOR ENTRY OF DEFAULT

ANSWER OF COMPLAINT FOR DAMAGES-DOG BITE

10/11/2017: ANSWER OF COMPLAINT FOR DAMAGES-DOG BITE

Unknown

10/11/2017: Unknown

PROOF OF SERVICE SUMMONS

9/19/2017: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE OF SUMMONS

9/21/2017: PROOF OF SERVICE OF SUMMONS

10 More Documents Available

 

Docket Entries

  • 04/15/2019
  • Docketat 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Vacated by Court

    [+] Read More [-] Read Less
  • 04/15/2019
  • DocketMinute Order ( (Jury Trial)); Filed by Clerk

    [+] Read More [-] Read Less
  • 04/15/2019
  • DocketCertificate of Mailing for (Minute Order (Jury Trial) of 04/15/2019); Filed by Clerk

    [+] Read More [-] Read Less
  • 03/27/2019
  • Docketat 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Hearing on Motion for Sanctions - Held - Motion Granted

    [+] Read More [-] Read Less
  • 03/27/2019
  • DocketMinute Order ( (Hearing on Plaintiff's Motion for Sanctions)); Filed by Clerk

    [+] Read More [-] Read Less
  • 03/06/2019
  • Docketat 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Continued - Party's Motion

    [+] Read More [-] Read Less
  • 03/06/2019
  • DocketMinute Order ( (Jury Trial)); Filed by Clerk

    [+] Read More [-] Read Less
  • 02/20/2019
  • Docketat 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Taken Off Calendar by Court

    [+] Read More [-] Read Less
  • 02/20/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

    [+] Read More [-] Read Less
  • 02/05/2019
  • DocketMotion for Sanctions; Filed by Evitt Jauregui (Plaintiff)

    [+] Read More [-] Read Less
14 More Docket Entries
  • 10/11/2017
  • DocketAnswer; Filed by Defendant

    [+] Read More [-] Read Less
  • 09/21/2017
  • DocketProof-Service/Summons; Filed by Evitt Jauregui (Plaintiff)

    [+] Read More [-] Read Less
  • 09/21/2017
  • DocketProof-Service/Summons; Filed by Evitt Jauregui (Plaintiff)

    [+] Read More [-] Read Less
  • 09/21/2017
  • DocketPROOF OF SERVICE OF SUMMONS

    [+] Read More [-] Read Less
  • 09/21/2017
  • DocketPROOF OF SERVICE OF SUMMONS

    [+] Read More [-] Read Less
  • 09/19/2017
  • DocketPROOF OF SERVICE SUMMONS

    [+] Read More [-] Read Less
  • 09/19/2017
  • DocketProof-Service/Summons; Filed by Plaintiff/Petitioner

    [+] Read More [-] Read Less
  • 09/06/2017
  • DocketComplaint

    [+] Read More [-] Read Less
  • 09/06/2017
  • DocketComplaint; Filed by Evitt Jauregui (Plaintiff)

    [+] Read More [-] Read Less
  • 09/06/2017
  • DocketSummons; Filed by Evitt Jauregui (Plaintiff)

    [+] Read More [-] Read Less

Tentative Rulings

Case Number: ****3337    Hearing Date: September 22, 2020    Dept: 28

Request for Default Judgment

Having considered all documents submitted in support of an application for default judgment, the Court rules as follows.

BACKGROUND

On September 6, 2017, Plaintiff Evitt Jauregui (“Plaintiff”) filed a complaint against Defendants Arturo Martinez (“Defendant Arturo”), Martha Martinez (“Defendant Martha”), and Jose Martinez (“Defendant Jose”) (collectively “Defendants”). Plaintiff alleges negligence, negligence per se, strict liability, and common law strict liability in the complaint based on a dog bite incident that occurred on September 29, 2015.

Defendants Arturo and Martha Martinez never answered the complaint. Defendant Jose answered filed an answer on October 11, 2017. Upon Plaintiff’s motion, on March 27, 2019, the Court ordered Defendant Jose’s answer stricken and entered default against Defendant Jose.

On November 5, 2017, Plaintiff served a Statement of Damages on Defendant Jose.

On November 6, 2017, Plaintiff served a Statement of Damages on Defendants Arturo and Martha.

On November 7, 2018, the Court entered default against Defendants Arturo and Martha.

On September 6, 2019, the Court dismissed Does 1–10 from Plaintiff’s complaint without prejudice.

On June 12, 2020, Plaintiff filed an application for default judgment against Defendants.

An Order to Show Cause Re: Dismissal for Failure to File Default Judgment Pursuant to CRC 3.740 is scheduled for January 11, 2021.

PARTY’S REQUEST

Plaintiff asks the Court to enter default judgment against Defendants Arturo Martinez, Martha Martinez, and Jose Martinez, jointly and severally, and award Plaintiff $330,705.00.

DISCUSSION

The Court finds the application filed on June 12, 2020 is properly approved. Plaintiff served statements of damages on Defendants over a year before the Court entered default against Defendants. The statements of damages contain figures in excess of what Plaintiff seeks in the application for default judgment. Plaintiff has submitted sufficient evidence substantiating Plaintiff’s request for $30,083.00 in special damages. Plaintiff has adequately explained her request for $622.00 in costs. Plaintiff’s request for $300,000.00 in general damages is reasonable considering the pain and suffering Plaintiff declares to in support of the application. As such the application for default judgment filed on June 12, 2020 is properly approved.

CONCLUSION

The application for default judgment filed on June 12, 2020 is APPROVED.

The Court awards $330,705.00 in Plaintiff’s favor against Defendants Arturo Martinez, Martha Martinez, and Jose Martinez.

Plaintiff is ordered to give notice of this ruling.



related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases represented by Lawyer TROSHCHIY OLGA N.