JAVIER LOPEZ ET AL VS WEST COAST PUBLIC WORKS
Case Summary
On 09/19/2017 JAVIER LOPEZ filed a Personal Injury - Motor Vehicle lawsuit against WEST COAST PUBLIC WORKS. 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, MARK A. BORENSTEIN, KRISTIN S. ESCALANTE and SERENA R. MURILLO. The case status is Pending - Other Pending.
Case Details
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Case Number:
****6326
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Filing Date:
09/19/2017
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Case Status:
Pending - Other Pending
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Court:
Los Angeles County Superior Courts
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Courthouse:
Stanley Mosk Courthouse
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County, State:
Los Angeles, California
Judge Details
Presiding Judges
GEORGINA T. RIZK
MARK A. BORENSTEIN
KRISTIN S. ESCALANTE
SERENA R. MURILLO
Party Details
Plaintiffs and Petitioners
ROMERO YESENIA
LOPEZ CARLOS
LOPEZ JAVIER
Defendants, Respondents and Cross Plaintiffs
WEST COAST PUBLIC WORKS
DOES 1 TO 100
AYALA AGAPITO
WORKS WEST COAST PUBLIC
Cross Defendant
LOPEZ DAMARIS ABIGAIL
Attorney/Law Firm Details
Plaintiff and Petitioner Attorneys
HALPERN LOREN B. ESQ.
HALPERN LOREN BENNETT ESQ.
Defendant and Respondent Attorneys
JENNINGS MARC LAW OFFICES OF
JENNINGS MARC JUSTIN ESQ.
STEINBERG JODIE
Defendant and Cross Plaintiff Attorney
JENNINGS MARC JUSTIN ESQ.
Court Documents
3/1/2021: Stipulation and Order - STIPULATION AND ORDER STIPULATION TO VACATE AND SET ASIDE DEFAULT PREVIOUSLY FILED BY CROSS-COMPLAINANT AND ENTERED AGAINST CROSS-DEFENDANT DAMARIS ABIGAIL LOPEZ; AND [PROPOSED
10/7/2020: Notice - NOTICE CONSENT TO ELECTRONIC SERVICE AND NOTICE OF ELECTRONIC SERVICE ADDRESS
1/30/2020: Motion for Leave to File a Cross-Complaint
3/5/2020: Declaration in Support of Ex Parte Application - DECLARATION IN SUPPORT OF EX PARTE APPLICATION OF MARC JENNINGS
3/6/2020: Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER CONTINUING TRIAL AND ALL RELATED TRIAL DATES
3/10/2020: Reply - REPLY DEFENDANT/CROSS-COMPLAINANT'S WEST COAST PUBLIC WORKS AND AGAPITO AYALA'S REPLY TO PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION FOR LEAVE TO FILE CROSS-COMPLAINT
3/16/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT FILED B...)
3/30/2020: Memorandum of Points & Authorities
3/30/2020: Declaration - DECLARATION DECLARATION OF MARC JENNINGS
4/27/2020: Minute Order - MINUTE ORDER (COURT ORDER RE: CONTINUANCE OF THE 06/18/2020 HEARING ON MOT...)
9/14/2020: Minute Order - MINUTE ORDER (- HEARING ON MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT FILED...)
9/15/2020: Cross-Complaint
9/15/2020: Summons - SUMMONS CROSS-COMPLAINT
9/15/2020: Notice of Posting of Jury Fees
9/4/2019: Declaration - DECLARATION OF MARC JENNINGS IN SUPPORT OF EX PARTE
9/4/2019: Declaration - DECLARATION OF MARC JENNINGS IN SUPPORT OF EX PARTE
9/5/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)
1/31/2019: Stipulation and Order - Stipulation and Order Stipulation to Continue Trial
Docket Entries
- 09/15/2021
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Hearing09/15/2021 at 08:30 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial
- 09/02/2021
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Hearing09/02/2021 at 10:00 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference
- 03/01/2021
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DocketStipulation and Order (Stipulation to Vacate and Set Aside Default Previously Filed by Cross-Complainant and Entered Against Cross-Defendant Damaris Abigail Lopez; and [Proposed] Order Filed Concurrently Herewith); Filed by Damaris Abigail Lopez (Cross-Defendant)
- 01/12/2021
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DocketRequest for Entry of Default / Judgment; Filed by AGAPITO AYALA (Cross-Complainant)
- 11/17/2020
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DocketProof of Personal Service; Filed by WEST COAST PUBLIC WORKS (Cross-Complainant)
- 10/07/2020
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DocketNotice (Consent to Electronic Service and Notice of Electronic Service Address); Filed by AGAPITO AYALA (Defendant); WEST COAST PUBLIC WORKS (Defendant)
- 09/21/2020
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Docketat 08:30 AM in Department 29, Serena R. Murillo, Presiding; Order to Show Cause Re: Dismissal - Held
- 09/21/2020
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DocketMinute Order ( (Order to Show Cause Re: Dismissal)); Filed by Clerk
- 09/15/2020
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DocketSummons (Cross-Complaint); Filed by AGAPITO AYALA (Defendant); WEST COAST PUBLIC WORKS (Defendant)
- 09/15/2020
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DocketNotice of Ruling; Filed by AGAPITO AYALA (Defendant); WEST COAST PUBLIC WORKS (Defendant)
- 01/31/2019
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DocketStipulation and Order (Stipulation to Continue Trial); Filed by AGAPITO AYALA (Defendant); WEST COAST PUBLIC WORKS (Defendant)
- 01/04/2018
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DocketDEFENDANTS WEST COAST PUBLIC WORKS AND AGAPITO AYALA'S ANSWER TO PLAINTIFFS' COMPLAINT
- 01/04/2018
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DocketAnswer; Filed by AGAPITO AYALA (Defendant); WEST COAST PUBLIC WORKS (Defendant)
- 12/28/2017
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DocketPROOF OF SERVICE OF SUMMONS
- 12/28/2017
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DocketProof-Service/Summons; Filed by Plaintiff/Petitioner
- 11/27/2017
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DocketAMENDMENT TO COMPLAINT
- 11/27/2017
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DocketAmended Complaint; Filed by Plaintiff/Petitioner
- 09/19/2017
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DocketComplaint; Filed by CARLOS LOPEZ (Plaintiff); JAVIER LOPEZ (Plaintiff); YESENIA ROMERO (Plaintiff)
- 09/19/2017
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DocketSUMMONS
- 09/19/2017
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DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
Tentative Rulings
Case Number: BC676326 Hearing Date: September 14, 2020 Dept: 29
Lopez vs. West Coast Public Works
Motion for Leave to File Cross-Complaint by Defendants, West Coast Public Works and Agapito Ayala, is GRANTED. (Code Civil Procedure 428.50). Defendants are ordered to file their cross-complaint against Damaris Abigail Lopez within 10 days of the date of this order and to serve the summons and cross-complaint forthwith. Because the cross-complaint arises out of the same accident as this action, the Court finds that it is in the interests of justice to grant this motion.
Moving party is ordered to give notice.
NOTE: PARTIES MUST APPEAR THIS DATE AS A TRIAL SETTING CONFERENCE IS ALSO SET ON CALENDAR FOR THIS DATE.
In order to comply with social distancing regulations, all parties are strongly encouraged to appear via video or telephonic services offered by the Court, through LACourtConnect.
Case Number: BC676326 Hearing Date: March 16, 2020 Dept: 29
Lopez et al v. West Coast Public Works et al.
Motion for Leave to File a Cross-Complaint by Defendants West Coast Public Works and Agapito Ayala is TAKEN OFF CALENDAR. Defendants may refile their motion after correcting the issues identified below.
It is not clear from the moving papers who the proposed cross-defendants are. The notice of motion states that Defendants seek leave to file a cross-complaint against non-party Damaris Abigail Lopez, who is the insured on the vehicle in question. Consistent with that statement, the caption on the proposed cross-complaint states that the proposed cross-defendant is “Damaris Abiggal (sic) Lopez and Roes 1-50.”
But the first sentence of the proposed cross-complaint states that Defendants bring the cross-complaint against Javier Lopez in addition to Damaris Lopez and Roes 1-50. In opposing the motion, Plaintiffs state that Plaintiff Javier Lopez is one of the proposed cross-defendants and Defendants do not correct that statement in the reply brief.
Different standards apply to compulsory cross-complaints by defendants against a plaintiff in the action and permissive cross-complaints against third parties. It is not clear to the Court whether Defendants seek to file a cross-complaint against Javier Lopez in addition to Damaris Lopez. The Court takes this motion off calendar so that Defendants refile after either (1) correcting the proposed cross-complaint to remove the reference to cross-defendant Javier Lopez in the first sentence; or (2) correcting the notice of motion, memorandum of points and authorities and caption of the proposed cross-complaint to make clear that Javier Lopez is one of the proposed cross-defendants.
Moving party is ordered to give notice.
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