This case was last updated from Los Angeles County Superior Courts on 05/25/2019 at 03:59:01 (UTC).

JACQUELINE CASARES ET AL VS WE ARE FAMILY TRANSPORTATION INC

Case Summary

On 01/30/2017 JACQUELINE CASARES filed a Personal Injury - Motor Vehicle lawsuit against WE ARE FAMILY TRANSPORTATION INC. 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:

    ****8808

  • Filing Date:

    01/30/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

CHRISTOPHER K. LUI

 

Party Details

Plaintiff and Petitioner

CASARES JACQUELINE

Defendants and Respondents

DOES 1-20

WE ARE FAMILY TRANSPORTATION INC

WE ARE FAMILY INC

Guardian Ad Litem

VALENZUELA EVELIA

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

BEDFORD LAW GROUP APC

AZIZZADEH SHAWN

 

Court Documents

PROOF OF SERVICE SUMMONS

5/3/2018: PROOF OF SERVICE SUMMONS

Minute Order

7/16/2018: Minute Order

STATEMENT OF DAMAGES (PERSONAL INJURY OR WRONGFUL DEATH)

8/2/2018: STATEMENT OF DAMAGES (PERSONAL INJURY OR WRONGFUL DEATH)

Minute Order

10/29/2018: Minute Order

Unknown

11/7/2018: Unknown

Minute Order

1/28/2019: Minute Order

Summons

4/17/2019: Summons

Minute Order

5/2/2019: Minute Order

Proof of Personal Service

5/23/2019: Proof of Personal Service

Proof of Personal Service

5/23/2019: Proof of Personal Service

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

1/30/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

1/30/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

Unknown

2/6/2017: Unknown

NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

2/9/2017: NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

2 More Documents Available

 

Docket Entries

  • 05/23/2019
  • Proof of Personal Service; Filed by Jacqueline Casares (Plaintiff)

    Read MoreRead Less
  • 05/23/2019
  • Proof of Personal Service; Filed by Jacqueline Casares (Plaintiff)

    Read MoreRead Less
  • 05/02/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Order to Show Cause Re: Dismissal - Not Held - Continued - Party's Motion

    Read MoreRead Less
  • 05/02/2019
  • Minute Order ( (Order to Show Cause Re: Dismissal)); Filed by Clerk

    Read MoreRead Less
  • 04/17/2019
  • Summons (on Complaint); Filed by Jacqueline Casares (Plaintiff)

    Read MoreRead Less
  • 01/28/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Order to Show Cause Re: Dismissal - Not Held - Continued - Party's Motion

    Read MoreRead Less
  • 01/28/2019
  • Minute Order ( (Order to Show Cause Re: Dismissal)); Filed by Clerk

    Read MoreRead Less
  • 11/07/2018
  • Notice of Rejection Default/Clerk's Judgment; Filed by Clerk

    Read MoreRead Less
  • 10/29/2018
  • at 08:30 AM in Department 4; Order to Show Cause Re: Dismissal - Held - Continued

    Read MoreRead Less
  • 10/29/2018
  • Minute Order ((Order to Show Cause Re: Dismissal for Failure to Enter Defaul...)); Filed by Clerk

    Read MoreRead Less
8 More Docket Entries
  • 05/03/2018
  • Proof-Service/Summons

    Read MoreRead Less
  • 05/03/2018
  • PROOF OF SERVICE SUMMONS

    Read MoreRead Less
  • 02/09/2017
  • NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

    Read MoreRead Less
  • 02/06/2017
  • Order on Court Fee Waiver (Superior Court); Filed by Clerk

    Read MoreRead Less
  • 02/06/2017
  • ORDER ON COURT FEE WAIVER

    Read MoreRead Less
  • 01/30/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

    Read MoreRead Less
  • 01/30/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM CIVIL

    Read MoreRead Less
  • 01/30/2017
  • Request to Waive Court Fees; Filed by Jacqueline Casares (Plaintiff)

    Read MoreRead Less
  • 01/30/2017
  • Application ; Filed by Plaintiff/Petitioner

    Read MoreRead Less
  • 01/30/2017
  • Complaint; Filed by Jacqueline Casares (Plaintiff)

    Read MoreRead Less

Tentative Rulings

Case Number: BC648808    Hearing Date: October 26, 2020    Dept: 28

Request for Default Judgment

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

BACKGROUND

On January 30, 2017, Plaintiff Jaqueline Casares (“Plaintiff”) filed a complaint against Defendants We Are Family Transportation, Inc. and We Are Family, Inc. (collectively “Defendants”). The complaint alleges negligence for an automobile collision that occurred on March 26, 2015.

On September 3, 2019, the Court entered default against Defendant We Are Family Transportation, Inc.

On December 17, 2019, the Court entered default against Defendant We Are Family, Inc.

On January 6, 2020, the Court dismissed Does 1 through 10.

On April 24, 2020, the Court denied Plaintiff’s applications for default judgment against Defendants filed on December 17, 2019.

On July 6, 2020, Plaintiff filed applications for default judgment against Defendants.

Orders to Show Cause Re: Dismissal for a Failure to Enter Default as to Defendants are scheduled for January 11, 2021.

PARTY’S REQUEST

Plaintiff requests the Court to enter a default judgment against Defendants and award Plaintiff $1,011,922.28.

DISCUSSION

The Court finds default judgment may be entered against Defendant We Are Family Transportation, Inc. On August 2, 2018, Plaintiff filed a statement of damages and its proof of service on Defendant We Are Family Transportation, Inc. This statement of damages was served on Defendant We Are Family Transportation, Inc. on July 11, 2018, nearly two months before default was entered against Defendant We Are Family Transportation, Inc. This was a timely service of the statement of damages. (See Schwab v. Southern California Gas Co. (2004) 114 Cal.App.4th 1308, 1323.)

Moreover, Plaintiff’s requested special damages are properly awarded. Plaintiff has provided prima facie evidence of Plaintiff’s sustaining of $7,347.00 in special damages. The Court found on April 24, 2020 that Plaintiff did not evidence damages totaling Defendant We Are Family Transportation, Inc.’s accepted liability for $50,584.74 and damages in excess of that. However, Plaintiff’s attorney clarifies in a declaration here that Defendant We Are Family Transportation, Inc. did not accept liability for $50,584.74, but rather Plaintiff’s insurance paid that figure. Plaintiff is entitled to damages from Defendant We Are Family Transportation, Inc. regardless of whether Plaintiff’s insurance company paid for the expenses. (See Helfend v. Southern California Rapid Transit (1970) 2 Cal.3d 1, 3.)

Additionally, Plaintiff has provided a sufficient calculation for the requested prejudgment interest of $3,837.09 and a sufficient explanation of the requested $738.19 in costs.

However, Plaintiff has not shown an entitlement to $1,000,000.00 in general damages. The Court must view the evidence submitted in determining whether a particular amount of general damages would compensate for pain and suffering, emotional distress, and other non-quantifiable damages that flow from quantifiable damages. (See Licudine v. Cedars-Sinai Medical Center (2016) 3 Cal.App.5th 881, 892.) Plaintiff has submitted evidence of sustaining $7,347.00 in special damages from being dislodged from her seat in a moving vehicle driven by Defendants driver. Plaintiff was launched onto pavement. Images are lodged showing scaring and bruising. This is insufficient to show $1,000,000.00 would compensate Plaintiff. Rather, the Court finds that $100,000.000 is a sufficient amount of general damages considering Plaintiff’s injuries and special damages.

The Court finds the application filed against Defendant We Are Family, Inc. cannot be approved. The only evidence of a statement of damages with an attached proof of service is the statement of damages filed on August 2, 2018. This statement of damages was served on Defendant We Are Family Transportation, Inc., not Defendant We Are Family, Inc. Since there is no proof of service of a statement of damages served on Defendant We Are Family, Inc., the Court cannot grant default judgment against it.

CONCLUSION

The application for default judgment against Defendant We Are Family Transportation, Inc. is APPROVED for the amount of $111,922.28.

The application for default judgment against Defendant We Are Family, Inc. is DENIED.

Plaintiff is ordered to give notice of this ruling.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where We Are Family Inc. is a litigant