This case was last updated from Los Angeles County Superior Courts on 04/29/2022 at 05:27:36 (UTC).

GREGORY YONGPAE PARK VS GABRIELA MICHELLE PALACIOS

Case Summary

On 05/19/2017 GREGORY YONGPAE PARK filed a Personal Injury - Motor Vehicle lawsuit against GABRIELA MICHELLE PALACIOS. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are ROBERT B. BROADBELT, JOEL L. LOFTON, DANIEL M. CROWLEY and CHRISTOPHER K. LUI. The case status is Other.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1797

  • Filing Date:

    05/19/2017

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

ROBERT B. BROADBELT

JOEL L. LOFTON

DANIEL M. CROWLEY

CHRISTOPHER K. LUI

 

Party Details

Petitioner and Plaintiff

PARK GREGORY YONGPAE

Respondents and Defendants

PALACIOS GABRIELA MICHELLE

DOES 1 TO 20

Other

HORTON OBERRECHT KIRKPATRICK & MARTHA

Attorney/Law Firm Details

Petitioner and Plaintiff Attorneys

YADEGARI MICHAEL ESQ.

YADEGARI MICHAEL MORDECHAI ESQ.

Respondent and Defendant Attorneys

LAW OFFICES OF GREGORY J. LUCETT

DONOVAN TREVOR CASEY

MARTHA RICHARD

 

Court Documents

Memorandum of Points & Authorities

1/28/2020: Memorandum of Points & Authorities

Motion to Dismiss

1/28/2020: Motion to Dismiss

Declaration - DECLARATION DECLARATION OF EYDITH KAUFMAN

1/28/2020: Declaration - DECLARATION DECLARATION OF EYDITH KAUFMAN

Request for Dismissal

2/25/2020: Request for Dismissal

Opposition - OPPOSITION TO EX PARTE

5/24/2019: Opposition - OPPOSITION TO EX PARTE

Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (HEARING ON DEFENDANT'S MOTION TO DISMISS; HEARING ON EX PARTE...) OF 05/24/2019

5/24/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (HEARING ON DEFENDANT'S MOTION TO DISMISS; HEARING ON EX PARTE...) OF 05/24/2019

Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER SUBSTITUTING THE PERSONAL REPRESENTATIVE OF THE DECEASED PLAINTIFF

5/24/2019: Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER SUBSTITUTING THE PERSONAL REPRESENTATIVE OF THE DECEASED PLAINTIFF

Minute Order - MINUTE ORDER (HEARING ON DEFENDANT'S MOTION TO DISMISS; HEARING ON EX PARTE...)

5/24/2019: Minute Order - MINUTE ORDER (HEARING ON DEFENDANT'S MOTION TO DISMISS; HEARING ON EX PARTE...)

Opposition - OPPOSITION TO DEFENDANTS MOTION TO DISMISS TO PLAINTIFFS COMPLAINT;

5/10/2019: Opposition - OPPOSITION TO DEFENDANTS MOTION TO DISMISS TO PLAINTIFFS COMPLAINT;

Request for Judicial Notice

5/16/2019: Request for Judicial Notice

Reply - REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANT GABRIELLA MICHELLE PALACIOS' MOTION TO DISMISS THE ACTION DUE TO FAILURE TO COMPLY WITH C.C.P. SECTIONS 377.31 AND 366.1

5/16/2019: Reply - REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANT GABRIELLA MICHELLE PALACIOS' MOTION TO DISMISS THE ACTION DUE TO FAILURE TO COMPLY WITH C.C.P. SECTIONS 377.31 AND 366.1

Proof of Service by Mail

5/16/2019: Proof of Service by Mail

Notice - NOTICE OF MOTION TO DISMISS

4/26/2019: Notice - NOTICE OF MOTION TO DISMISS

Declaration - DECLARATION OF EYDITH KAUFMAN ISO

4/26/2019: Declaration - DECLARATION OF EYDITH KAUFMAN ISO

Memorandum of Points & Authorities

4/26/2019: Memorandum of Points & Authorities

Notice of Lodging - NOTICE OF LODGING ISO MOTION TO DISMISS

4/26/2019: Notice of Lodging - NOTICE OF LODGING ISO MOTION TO DISMISS

Proof of Service by Mail

4/26/2019: Proof of Service by Mail

Declaration in Support of Ex Parte Application - DECLARATION IN SUPPORT OF EX PARTE APPLICATION OF EYDITH KAUFMAN

4/11/2019: Declaration in Support of Ex Parte Application - DECLARATION IN SUPPORT OF EX PARTE APPLICATION OF EYDITH KAUFMAN

32 More Documents Available

 

Docket Entries

  • 05/19/2020
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Order to Show Cause Re: Dismissal - Not Held - Vacated by Court

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  • 04/17/2020
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Jury Trial - Not Held - Vacated by Court

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  • 04/03/2020
  • Docketat 10:00 AM in Department 28, Daniel M. Crowley, Presiding; Final Status Conference - Not Held - Vacated by Court

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  • 02/27/2020
  • Docketat 1:30 PM in Department 28, Daniel M. Crowley, Presiding; Hearing on Motion to Dismiss - Not Held - Taken Off Calendar by Party

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  • 02/25/2020
  • DocketRequest for Dismissal; Filed by Gregory Yongpae Park (Plaintiff)

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  • 01/28/2020
  • DocketDeclaration (Declaration of Eydith Kaufman); Filed by Gabriela Michelle Palacios (Defendant)

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  • 01/28/2020
  • DocketMemorandum of Points & Authorities; Filed by Gabriela Michelle Palacios (Defendant)

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  • 01/28/2020
  • DocketMotion to Dismiss; Filed by Gabriela Michelle Palacios (Defendant)

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  • 11/15/2019
  • Docketat 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court

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  • 11/01/2019
  • Docketat 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Advanced and Continued - by Court

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46 More Docket Entries
  • 09/29/2017
  • DocketORDER RE: MOTION TO STRIKE PUNITIVE DAMAGES FROM COMPLAINT

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  • 07/17/2017
  • DocketMotion to Strike; Filed by Gabriela Michelle Palacios (Defendant)

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  • 07/17/2017
  • DocketDEFENDANT'S NOTICE OF MOTION AND MOTION TO STRIKE THE PUNITIVE DAMAGES FROM PLAINTIFF'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES

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  • 07/17/2017
  • DocketDEFENDANT'S NOTICE OF MOTION AND MOTION TO STRIKE THE PUNITIVE DAMAGES FROM PLAINTIFF'S COMPLAINT; ETC

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  • 07/12/2017
  • DocketProof-Service/Summons; Filed by Gregory Yongpae Park (Plaintiff)

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  • 07/12/2017
  • DocketProof of Service

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  • 05/19/2017
  • DocketSUMMONS

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  • 05/19/2017
  • DocketORDER ON COURT FEE WAIVER

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  • 05/19/2017
  • DocketCOMPLAINT FOR DAMAGES 1. NEGLIGENCE

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  • 05/19/2017
  • DocketComplaint; Filed by Gregory Yongpae Park (Plaintiff)

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Tentative Rulings

Case Number: ****1797    Hearing Date: February 27, 2020    Dept: 28

Motion to Dismiss the Action

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On May 19, 2017, Plaintiff Gregory Yongpae Park (“Plaintiff”) filed a complaint against Defendant Gabriela Michelle Palacios (“Defendant”) alleging negligence for an automobile collision that occurred on August 31, 2015. ;

On April 26, 2019, Defendant filed a motion to dismiss this action due to a failure to commence a survival action due to Plaintiff’ death on July 30, 2018. On May 24, 2019, the court denied Defendant’s motion.

Defendant now moves again to dismiss this action on the same grounds. 

PARTYS REQUESTS

Defendant moves the court to dismiss the action on the ground that Plaintiff has failed to comply with the May 24, 2019, court Order, and as of this hearing has still not taken steps to substitute a real party in interest in place of deceased Plaintiff. 

LEGAL STANDARD

“It is the policy of the state that a plaintiff shall proceed with reasonable diligence in the prosecution of an action. . . .”  (Code Civ. Proc. ; 583.130.)

California Code of Civil Procedure section 583.150 states: “This chapter does not limit or affect the authority of a court to dismiss an action . . . under inherent authority of the court.”

California Code of Civil Procedure section 366.1 states: “If a person entitled to bring an action dies before the expiration of the applicable limitations period, and the cause of action survives, an action may be commenced before the expiration of the later of the following times: (a) Six months after the person’s death . . . (b) The limitations period that would have been applicable if the person had not died.”

California Code of Civil Procedure section 377.31 states: “On motion after death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent’s personal representative or, if none, by the decedent’s successor in interest.” ;

DISCUSSION

On May 24, 2019, the present matter came to hearing before this Court. The Court ordered as follows:

Plaintiff has filed an ex parte application set to be heard on May 24, 2019 that will ask that Un Yong Joung, Plaintiff’s personal representative and executor of Plaintiff’s estate, be permitted to continue litigating this action on behalf of Plaintiff’s estate. Accordingly, the absence of a personal representative to prosecute this action will soon be remedied.

(May 24, 2019, Minute Order, p. 3.)

The court further held that 

the Court vacates its order granting Ms. Joung the right to continue this action in Plaintiff’s stead. The Court rules that, if she chooses to seek an order under Code of Civil Procedure section 377.31 to continue this action, Ms. Joung must file a noticed motion supported by a declaration from her demonstrating her right to continue this action as a personal representative or successor in interest of Plaintiff.

(Id. p. 4.)

Defendant now moves to dismiss the action on the grounds that Plaintiff has failed to take any additional steps to substitute a real party in interest in place of decedent Plaintiff despite the May 24, 2019, Court Order providing that Plaintiff must do so in a noticed motion to continue this action. 

Indeed, Plaintiff has made no filing in this matter since the May 24, 2019, Ex Parte Application for an Order Substituting the Personal Representative of the Deceased Plaintiff. Nine months have now elapsed since the prior order requiring Plaintiff to file a noticed motion to substitute in a party as plaintiff in order to continue this action. 

Additionally, this motion was served on Plaintiff’s counsel on January 28, 2020, by mail, However, Plaintiff makes no opposition. Pursuant to Code Civ. Proc. ; 583.410(a) and CRC 3.1340, the Court GRANTS Defendant’s motion to dismiss this action premised on Plaintiff’s failure to prosecute.

CONCLUSION

Based on the foregoing, Defendant’s Motion to Dismiss this Action is GRANTED.

Defendant is ordered to give notice of this ruling.



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