This case was last updated from Los Angeles County Superior Courts on 04/10/2020 at 06:29:07 (UTC).

JESSICA NICOLE ARAGON VS DENNISE A BANUELOS ET AL

Case Summary

On 04/05/2018 JESSICA NICOLE ARAGON filed a Personal Injury - Motor Vehicle lawsuit against DENNISE A BANUELOS. 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0927

  • Filing Date:

    04/05/2018

  • Case Status:

    Other

  • 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

ARAGON JESSICA NICOLE

Defendants and Respondents

BANUELOS JAVIER

DELAVEGA SOCORRO

BANUELOS DENNISE A.

DOES 1-30

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

SIMON BRAD M.

ORTIZ-BELJAJEV NEYLEEN SARA

SIMON BRAD MICHAEL

Defendant and Respondent Attorneys

SCHENKMAN MARK A. ESQ.

GIBBS PATRICK JOSEPH

 

Court Documents

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE; HEARING ON MOTION TO BIFURCATE ISSUE...)

1/14/2020: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE; HEARING ON MOTION TO BIFURCATE ISSUE...)

Stipulation and Order - STIPULATION AND ORDER PROPOSED ORDER AND STIPULATION TO CONTINUE TRIAL

11/5/2019: Stipulation and Order - STIPULATION AND ORDER PROPOSED ORDER AND STIPULATION TO CONTINUE TRIAL

Opposition - OPPOSITION OPPOSITION TO DEFENDANTS' MIL NO 7

10/21/2019: Opposition - OPPOSITION OPPOSITION TO DEFENDANTS' MIL NO 7

Opposition - OPPOSITION OPPOSITION TO DEFENDANTS' MIL NO 10

10/21/2019: Opposition - OPPOSITION OPPOSITION TO DEFENDANTS' MIL NO 10

Statement of the Case

10/22/2019: Statement of the Case

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

10/25/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Declaration - DECLARATION 3.57 DECLARATION

10/16/2019: Declaration - DECLARATION 3.57 DECLARATION

Opposition - OPPOSITION TO MOTION IN LIMINE NO.1

10/16/2019: Opposition - OPPOSITION TO MOTION IN LIMINE NO.1

Substitution of Attorney

9/3/2019: Substitution of Attorney

Motion in Limine - MOTION IN LIMINE NO. 1 EXCLUDING EVIDENCE NOT PRODUCED IN DISCOVERY; MEMORANDUM OF POINTS AND AUTHORITIES

8/27/2019: Motion in Limine - MOTION IN LIMINE NO. 1 EXCLUDING EVIDENCE NOT PRODUCED IN DISCOVERY; MEMORANDUM OF POINTS AND AUTHORITIES

Motion in Limine - MOTION IN LIMINE NO. 6 EXCLUDING ALL EVIDENCE OR ARGUMENT OFFERED TO DEMONIZE DEFENDANTS; MEMORANDUM OF POINTS AND AUTHORITIES

8/27/2019: Motion in Limine - MOTION IN LIMINE NO. 6 EXCLUDING ALL EVIDENCE OR ARGUMENT OFFERED TO DEMONIZE DEFENDANTS; MEMORANDUM OF POINTS AND AUTHORITIES

Motion in Limine - MOTION IN LIMINE NO. 5 PRECLUDING PLAINTIFF FROM SUGGESTING A SPECIFIC MONETARY AMOUNT OF NON- ECONOMIC DAMAGES ("ANCHORING"); MEMORANDUM OF POINTS AND AUTHORITIES

8/27/2019: Motion in Limine - MOTION IN LIMINE NO. 5 PRECLUDING PLAINTIFF FROM SUGGESTING A SPECIFIC MONETARY AMOUNT OF NON- ECONOMIC DAMAGES ("ANCHORING"); MEMORANDUM OF POINTS AND AUTHORITIES

CIVIL DEPOSIT -

9/17/2018: CIVIL DEPOSIT -

NOTICE OF POSTING JURY FEES

9/17/2018: NOTICE OF POSTING JURY FEES

NOTICE OF POSTING JURY FEES

6/14/2018: NOTICE OF POSTING JURY FEES

Notice of Change of Address -

8/2/2018: Notice of Change of Address -

PROOF OF SERVICE SUMMONS -

5/14/2018: PROOF OF SERVICE SUMMONS -

PROOF OF SERVICE SUMMONS -

5/14/2018: PROOF OF SERVICE SUMMONS -

59 More Documents Available

 

Docket Entries

  • 03/20/2020
  • DocketRequest for Dismissal; Filed by Jessica Nicole Aragon (Plaintiff)

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  • 02/04/2020
  • Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 02/04/2020
  • Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 01/28/2020
  • Docketat 3:30 PM in Department 29, Kristin S. Escalante, Presiding; Non-Appearance Case Review

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  • 01/28/2020
  • DocketCertificate of Mailing for ((Non-Appearance Case Review Re: Notice of Conditional Settleme...) of 01/28/2020); Filed by Clerk

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  • 01/28/2020
  • DocketNotice of Settlement; Filed by Jessica Nicole Aragon (Plaintiff)

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  • 01/28/2020
  • DocketMinute Order ( (Non-Appearance Case Review Re: Notice of Conditional Settleme...)); Filed by Clerk

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  • 01/24/2020
  • DocketRequest for Dismissal; Filed by Jessica Nicole Aragon (Plaintiff)

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  • 01/14/2020
  • Docketat 10:00 AM in Department 29, Kristin S. Escalante, Presiding; Final Status Conference - Held - Continued

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  • 01/14/2020
  • Docketat 1:30 PM in Department 29, Kristin S. Escalante, Presiding; Hearing on Motion to Bifurcate (Issues of Liability and Damages, Filed by the Defendants) - Held - Motion Denied

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78 More Docket Entries
  • 06/14/2018
  • DocketReceipt; Filed by Dennise A. Banuelos (Defendant); Javier Banuelos (Defendant); Socorro Delavega (Defendant)

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  • 06/14/2018
  • DocketDemand for Jury Trial; Filed by Dennise A. Banuelos (Defendant); Javier Banuelos (Defendant); Socorro Delavega (Defendant)

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  • 06/14/2018
  • DocketCIVIL DEPOSIT

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  • 05/14/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 05/14/2018
  • DocketProof-Service/Summons; Filed by Jessica Nicole Aragon (Plaintiff)

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  • 05/14/2018
  • DocketProof-Service/Summons; Filed by Jessica Nicole Aragon (Plaintiff)

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  • 05/14/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 04/05/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 04/05/2018
  • DocketComplaint; Filed by Jessica Nicole Aragon (Plaintiff)

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  • 04/05/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC700927    Hearing Date: January 14, 2020    Dept: 29

Aragon v. Banuelos, et al. 

Defendant’s Motion to Bifurcate Issues of Liability and Damages is DENIED.

Code of Civil Procedure section 598 provides that the Court may order that the trial of any issue shall precede the trial of any other issue “when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby.” Here, Defendant has not shown that the efficiency of handling the litigation would be promoted by bifurcation. Among other things, if the Court were to order bifurcation, Plaintiff and her expert would have to testify twice. Defendant contends that Plaintiff was driving the car at the time of the accident. Plaintiff intends to offer testimony regarding the location and extent of injuries to contest that point. Such testimony is relevant to both liability and damages. Where facts essential to proof of liability are also essential to proof of damages, bifurcation is inappropriate. Cook v. Superior Court (1971) 19 Cal. App. 3d 832, 834.

Moving party is ordered to give notice.

Case Number: BC700927    Hearing Date: November 06, 2019    Dept: 2

Aragon v. Banuelos, et al.

Motion to Bifurcate Liability from Damages by Defendants is DENIED without prejudice to Defendants raising this issue for the trial court to consider, on its own motion, at the time that the trial court rules on motions in limine. The court orders that the bifurcation briefing be included in the trial binders in Tab B along with any motions in limine filed in the case.

The court recognizes that Cal Rules of Court Rule 3.57(c) states, “A motion in limine may not be used for the purpose of seeking an order to try an issue before the trial of another issue or issues,” and thus this order should not be construed in a way that contradicts this rule. Defendants may direct the trial court to this order, which should not be construed in any way to bind the trial court in making a bifurcation decision on its own motion.

Defendants properly sought a bifurcation order in advance of the trial date. See Cal Code Civil Procedure §598 (court to issue order bifurcating case on noticed motion by the pretrial conference or, absent a pretrial conference, no later than 30 days in advance of trial). However, a trial court may also “on its own motion . . . make such an order at any time.” Id.

On the facts of this case and given that in the Personal Injury Court system this case will be tried by a different court than the court ruling on this motion, the court finds it appropriate for the trial judge to determine whether bifurcation is warranted. In the PI Court system, the trial court rules on motions in limine, even those that significantly affect trial preparation. While this bifurcation request is not a motion in limine, the logic of having the trial judge determine it here is similar. The request for bifurcation here appears to be one for which the trial judge should make a discretionary determination based on its experience.

Accordingly, the court denies this motion without prejudice. Defendants are ordered to give notice.