On 01/17/2017 JAVIER QUIROGA NEGRETE filed a Personal Injury - Motor Vehicle lawsuit against JEFFREY JIN CHONG. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is AMY D. HOGUE. The case status is Pending - Other Pending.
****7199
01/17/2017
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
AMY D. HOGUE
BRIGIDO JOSE
NEGRETE JAVIER QUIROGA
FIGUEROA JUAN
BRIGIDO QUIROGA JOSE
DOES 1-25
CHONG JEFFREY JIN
CHONG MICHAEL
CALIFORNIA LAWYERS GROUP INC
HERZOG MICHAEL ESQ.
5/24/2018: [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIALS, FSC [AND RELATED MOTION/DISCOVERY DATES]
10/24/2018: Stipulation
4/15/2019: Request for Dismissal
6/5/2017: ANSWER TO FIRST AMENDED COMPLAINT
Request for Dismissal; Filed by Javier Quiroga Negrete (Plaintiff)
at 08:30 AM in Department 7, Amy D. Hogue, Presiding; Jury Trial - Not Held - Vacated by Court
at 10:00 AM in Department 7, Amy D. Hogue, Presiding; Final Status Conference - Not Held - Vacated by Court
Notice of Settlement (of Entire Case); Filed by Javier Quiroga Negrete (Plaintiff)
at 08:30 AM in Department 7, Amy D. Hogue, Presiding; Jury Trial - Not Held - Continued - Stipulation
at 10:00 AM in Department 7, Amy D. Hogue, Presiding; Final Status Conference
Minute order entered: 2018-10-24 00:00:00; Filed by Clerk
Stipulation - No Order (Proposed Order and Stipulation to Continue Trial, FSC and all related motion/discovery dates); Filed by Jose Brigido Quiroga (Plaintiff); Javier Quiroga Negrete (Plaintiff)
at 08:30 AM in Department 7; Jury Trial (Jury Trial; Continued by Stipulation) -
at 10:00 AM in Department 7; Final Status Conference (Final Status Conference; Continued by Stipulation) -
PROOF OF SERVICE SUMMONS
First Amended Complaint; Filed by Jose Brigido Quiroga (Plaintiff); Javier Quiroga Negrete (Plaintiff)
Summons; Filed by Jose Brigido Quiroga (Plaintiff); Javier Quiroga Negrete (Plaintiff)
Proof-Service/Summons; Filed by Jose Brigido Quiroga (Plaintiff); Javier Quiroga Negrete (Plaintiff)
Proof-Service/Summons; Filed by Jose Brigido Quiroga (Plaintiff); Javier Quiroga Negrete (Plaintiff)
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
PROOF OF SERVICE OF SUMMONS
Complaint; Filed by Jose Brigido Quiroga (Plaintiff); Javier Quiroga Negrete (Plaintiff)
SUMMONS
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
Case Number: BC647199 Hearing Date: January 15, 2020 Dept: 27
[TENTATIVE] ORDER RE: MOTION TO SUBSTITUTE SUCCESSOR-IN-INTEREST; LEAVE TO FILE SECOND AMENDED COMPLAINT
On January 17, 2017, plaintiffs Javier Quiroga Negrete, Jose Brigido (“Plaintiff”) and Juan Figueroa filed this action against defendants Jeffery Jin Chong and Michael Chong for injuries and damages arising from a February 4, 2015 motor vehicle collision. The case settled, but Plaintiff passed away on July 13, 2018 and is unable to sign the settlement papers. Plaintiff’s wife, Maria Elena Ramos-Lopez (“Ramos-Lopez”) seeks to be substituted as Plaintiff’s successor-in-interest in the action and to file a Second Amended Complaint naming her as such. There is no opposition.
After the death of a plaintiff, the court, on motion, shall allow a pending action that does not abate to be continued by the decedent’s personal representative or successor-in-interest. (Code Civ. Proc., § 377.31.) The person who seeks to commence or continue a pending action as the decedent’s successor-in-interest shall execute and file an affidavit or declaration stating: (1) the decedent’s name, (2) the date and place of decedent’s death, (3) “No proceeding is now pending in California for administration of the decedent’s estate,” (4) a copy of the final order showing the distribution of the decedent’s cause of action to the successor-in-interest, if the decedent’s estate was administered, (5) either the affiant or declarant is the decedent’s successor in interest or the affiant or declarant is authorized to act on behalf of the decedent’s successor in interest, with facts in support thereof, (6) “No other person has a superior right to commence the action or proceeding or to be substituted for the decedent in the pending action or proceeding,” and (7) the statements are true, under penalty of perjury. (Code Civ. Proc., § 377.32.)
Ramos-Lopez submitted a declaration that complies with the requirements of section 377.32. Accordingly, the Motion to substitute a successor-in-interest is GRANTED and leave is granted to file the proposed Second Amended Complaint naming her Plaintiff’s successor-in-interest. Ramos-Lopez is to file the Second Amended Complaint within 10 days of the date of this order.
Moving party to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative.