This case was last updated from Los Angeles County Superior Courts on 01/15/2021 at 05:45:34 (UTC).

IRVING BROWN VS IMPULSE AMBULANCE INC ET AL

Case Summary

On 01/31/2018 IRVING BROWN filed a Personal Injury - Motor Vehicle lawsuit against IMPULSE AMBULANCE INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are GEORGINA T. RIZK, KRISTIN S. ESCALANTE and MARK A. BORENSTEIN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2347

  • Filing Date:

    01/31/2018

  • 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 Judges

GEORGINA T. RIZK

KRISTIN S. ESCALANTE

MARK A. BORENSTEIN

 

Party Details

Plaintiff and Petitioner

BROWN IRVING

Defendants, Respondents, Not Classified By Court and Cross Defendants

CHU EDMUNDO

IMPULSE AMBULANCE INC.

DOES 1 TO 10

IMPULSE AMBULANCE

CHOO EDMUND

SPARKLETTS (DOE 1)

AMBULNZ HEALTH LLC

DS SERVICES OF AMERICA INC. (DOE 2)

DS SERVICES OF AMERICA INC. DOE 2

SPARKLETTS DOE 1

AMBULANCE IMPULSE

Defendants, Respondents, Cross Plaintiffs and Cross Defendants

CHOO EDMUND

AMBULNZ HEALTH LLC

DS SERVICES OF AMERICA INC. DOE 2

SPARKLETTS

Defendants, Respondents and Not Classified By Court

CHU EDMUNDO

IMPULSE AMBULANCE INC.

AMBULANCE IMPULSE

Attorney/Law Firm Details

Plaintiff, Petitioner and Defendant Attorneys

LAW OFFICES OF TED B. WACKER

BING PETER R.

BLAIN DAVID M

WACKER TED B

BLAIN DAVID M. ESQ.

WACKER TED B ESQ.

IVIE RICKEY ESQ.

WACKER TED B. ESQ.

MEISSNER CHRISTINA NICOLE ESQ.

BING PETER R. ESQ.

FELDER BRIAN OTIS ESQ.

KELLY PATRICK MICHAEL ESQ.

TROPP-THOMPSON DEBORAH S.

Defendant and Respondent Attorney

TROPP-THOMPSON DEBORAH S.

Plaintiff, Defendant and Cross Plaintiff Attorneys

BING PETER R.

MEISSNER CHRISTINA NICOLE ESQ.

BING PETER R. ESQ.

FELDER BRIAN OTIS ESQ.

KELLY PATRICK MICHAEL ESQ.

Cross Defendant Attorney

TROPP DEBORAH SUSAN

 

Court Documents

Request for Judicial Notice

12/28/2020: Request for Judicial Notice

Objection - OBJECTION TO DECLARATION OF DAVID BLAIN IN SUPPORT OF PLAINTIFF'S MOTION TO AMEND

12/28/2020: Objection - OBJECTION TO DECLARATION OF DAVID BLAIN IN SUPPORT OF PLAINTIFF'S MOTION TO AMEND

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR LEAVE TO FILE PLAINTIFF'S FIRST AMENDED...)

1/11/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR LEAVE TO FILE PLAINTIFF'S FIRST AMENDED...)

Request for Judicial Notice

11/18/2020: Request for Judicial Notice

Motion for Leave - MOTION FOR LEAVE NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

12/3/2020: Motion for Leave - MOTION FOR LEAVE NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

Notice of Ruling

2/25/2020: Notice of Ruling

Notice of Ruling

8/26/2019: Notice of Ruling

Notice - NOTICE OF ENTRY OF ORDER ON STIPULATION TO CONTINUE TRIAL, FINAL STATUS CONFERENCE AND TRIAL-RELATED DEADLINES

5/9/2019: Notice - NOTICE OF ENTRY OF ORDER ON STIPULATION TO CONTINUE TRIAL, FINAL STATUS CONFERENCE AND TRIAL-RELATED DEADLINES

Answer

2/25/2019: Answer

Answer

1/9/2019: Answer

Notice - Notice of Entry Of Order On Stipulation To Set Aside Plaintiff's Request For Entry Of Default

11/1/2018: Notice - Notice of Entry Of Order On Stipulation To Set Aside Plaintiff's Request For Entry Of Default

Summons - Summons on Cross Complaint

11/7/2018: Summons - Summons on Cross Complaint

Notice of Rejection Default/Clerk's Judgment

10/25/2018: Notice of Rejection Default/Clerk's Judgment

CIVIL DEPOSIT -

8/6/2018: CIVIL DEPOSIT -

AMENDMENT TO COMPLAINT -

8/8/2018: AMENDMENT TO COMPLAINT -

DEMAND FOR JURY TRIAL

5/11/2018: DEMAND FOR JURY TRIAL

CROSS-COMPLAINT OF AMHULNZ HEALTH, LLC DBAA IMPULSE AMBULANCE AND EDMUND CHOO FOR APPORTIONMENT OF FAULT, DECLARATORY RELIEF ANI) INDEMNIFICATION

5/11/2018: CROSS-COMPLAINT OF AMHULNZ HEALTH, LLC DBAA IMPULSE AMBULANCE AND EDMUND CHOO FOR APPORTIONMENT OF FAULT, DECLARATORY RELIEF ANI) INDEMNIFICATION

DECLARATION OF DUE DILIGENCE -

3/6/2018: DECLARATION OF DUE DILIGENCE -

54 More Documents Available

 

Docket Entries

  • 05/12/2021
  • Hearing05/12/2021 at 08:30 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 04/28/2021
  • Hearing04/28/2021 at 10:00 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 02/03/2021
  • Hearing02/03/2021 at 14:30 PM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Summary Judgment

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  • 01/11/2021
  • Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Hearing on Motion for Leave (to File Plaintiff's First Amended Complaint) - Held - Motion Granted

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  • 01/11/2021
  • DocketMinute Order ( (Hearing on Motion for Leave to File Plaintiff's First Amended...)); Filed by Clerk

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  • 12/28/2020
  • DocketObjection (to Declaration of David Blain in Support of Plaintiff's Motion to Amend); Filed by DS Services of America, Inc. (Doe 2) (Defendant)

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  • 12/28/2020
  • DocketOpposition (to Plaintiff's Motion for Leave to Amend to File a First Amended Complaint); Filed by DS Services of America, Inc. (Doe 2) (Defendant)

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  • 12/28/2020
  • DocketRequest for Judicial Notice; Filed by DS Services of America, Inc. (Doe 2) (Defendant)

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  • 12/10/2020
  • Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Hearing on Ex Parte Application (for an Order Shortening the Time to Hear Plaintiff's Motion for Leave to File a First Amended Complaint, Filed by the Plaintiff) - Held - Motion Denied

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  • 12/10/2020
  • DocketMinute Order ( (Hearing on Ex Parte Application for an Order Shortening the T...)); Filed by Clerk

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86 More Docket Entries
  • 03/06/2018
  • DocketDECLARATION OF DUE DILIGENCE

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  • 03/06/2018
  • DocketDeclaration re: Due Diligence; Filed by Irving Brown (Plaintiff)

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  • 03/06/2018
  • DocketDECLARATION OF MAILING OR OF INABILITY TO ASCERTAIN ADDRESS

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  • 03/02/2018
  • DocketDeclaration; Filed by Irving Brown (Plaintiff)

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  • 03/02/2018
  • DocketDECLARATION OF MAILING

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  • 03/02/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 03/02/2018
  • DocketProof-Service/Summons; Filed by Irving Brown (Plaintiff)

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  • 01/31/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 01/31/2018
  • DocketComplaint; Filed by Irving Brown (Plaintiff)

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  • 01/31/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC692347    Hearing Date: January 11, 2021    Dept: 29

Plaintiff Irving Brown’s Motion to File a First Amended Complaint is GRANTED. (Code Civ. Proc. §§ 473, subd. (a); 576.) Plaintiff must file the first amended complaint forthwith; IT WILL NOT be deemed filed.

The complaint in this action was filed on January 31, 2018. Plaintiff Irving Brown alleges he was injured in an automobile accident caused by the negligence of Defendants Impulse Ambulance, Inc., Edmundo Chu and Does 1-10. The complaint further alleges that

-- Chu and Does 1-5 were the operator[s] of the motor vehicle[s] that acted negligently in causing the accident;

-- Impulse Ambulance, Inc. and Does 6-10 were the employer of Chu and Does 1-5 and that Chu and/or Does 1-5 were acting in the course and scope of the employment at the time of the incident;

-- Impulse Ambulance, Inc. and Does 6-10 were the owners of the vehicle who had given Chu permission to operate the vehicle and also negligently entrusted the vehicle to him.

Plaintiff asserts causes of action for motor vehicle negligence and general negligence.

In May and August 2018, the complaint was amended to substitute in Defendants Sparkletts and DS Services of America, Inc. as Does 1 and 2, respectively. DS Services of America, Inc. answered on November 2018.

In May 2018, Defendants Ambulnz Heath LLC dba Impulse Ambulance (erroneously sued and served herein as Impulse Ambulance, Inc.) and Edmund Choo (erroneously served and sued herein as Edmundo Chu) answered Plaintiff’s complaint and filed a cross-complaint against Sparkletts and Roes 1-50, for indemnity and contribution. The cross-complaint alleged that cross-defendants owned, operated and/or maintained a Sparkletts vehicle and negligently parked the vehicle in a location where the accident occurred, causing or contributing to Plaintiff’s injuries or damages. DS Services of America, Inc. was substituted in as Roe 1, and answered on February 25, 2019.

In November 2018, Defendant DS Services of America, Inc. (“DS Services”) filed a cross-complaint against Ambulnz Health LLC and Edmund Choo, seeking indemnity and contribution.

On November 18, 2020, Defendant DS Services of America, Inc. filed a motion for summary judgment against Plaintiff on the ground DS Services of America, Inc. had no duty to Plaintiff as it was not the driver or owner of the vehicle that Plaintiff hit and was not the employer of Choo. The motion further argues that Plaintiff’s complaint does not properly allege that DS Services’ Sparklett’s truck had been negligently parked, but even if, hypothetically, that had been alleged, Choo’s negligence was a superseding cause of the accident.

On December 3, 2020, Plaintiff sought leave to file an amended complaint to more clearly articulate the theory against DS Services, specifically that DS Services “was the employer of Sandro Plascencia, who, while in the course and scope of his employment, negligently operated and parked a vehicle owned by DS Services that caused the subject collision and Plaintiff’s injuries.”

The court grants leave to amend pursuant to Code of Civil Procedure sections 473, subdivision (a) and 576. The record makes clear that the amended complaint simply articulates more clearly the theory against DS Services on which the parties had proceeded in this litigation. DS Services will not suffer prejudice from the court granting leave to amend. Indeed, the cross-complaint filed by Ambulnz Heath LLC and DS Services acknowledged in its summary judgment motion that it understood that Plaintiff’s theory against DS Services was that the Sparklett’s truck had been improperly parked. The court finds DS Services’ position wholly disingenuous.

On the court’s own motion, the court takes DS Services’ motion for summary judgment off calendar as MOOT. To the extent that DS Services needs additional time to re-file the summary judgment motion so that it may be timely heard before trial, DS Services may apply ex parte for an order continuing the trial date and specially setting the date for the hearing on the motion for summary judgment.

DS Services’ objections to the declaration of David Blain are OVERRULED.

Moving party is ordered to give notice.

Case Number: BC692347    Hearing Date: February 06, 2020    Dept: 2

Brown v. Impulse Ambulance Inc. et al.

The unopposed Motion to Be Relieved as Counsel for Plaintiff Irving Brown is GRANTED. Counsel has complied with the requirements of Cal Rules of Court 3.1362. The order shall be effective upon the filing of a proof of service of the signed order on the client. Cal Rules of Court 3.1362(e).  Counsel remains counsel of record until the proof of service is filed.

Moving party is ordered to give notice.

Case Number: BC692347    Hearing Date: January 06, 2020    Dept: 2

Brown v. Impulse Ambulance Inc. et al.

The unopposed Motion to Be Relieved as Counsel for Plaintiff Irving Brown is GRANTED.  Counsel has complied with the requirements of Cal Rules of Court 3.1362. The order shall be effective upon the filing of a proof of service of the signed order on the client. Cal Rules of Court 3.1362(e).  Counsel remains counsel of record until the proof of service is filed.

Moving party is ordered to give notice.