This case was last updated from Los Angeles County Superior Courts on 12/27/2021 at 05:29:41 (UTC).

JOCELYN QUINTERO VS ERIK HERNANDEZ SALGADO ET AL

Case Summary

On 02/26/2018 JOCELYN QUINTERO filed a Personal Injury - Motor Vehicle lawsuit against ERIK HERNANDEZ SALGADO. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judges overseeing this case are STEPHEN I. GOORVITCH, MICHAEL E. WHITAKER and FREDERICK C. SHALLER. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5746

  • Filing Date:

    02/26/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

STEPHEN I. GOORVITCH

MICHAEL E. WHITAKER

FREDERICK C. SHALLER

 

Party Details

Petitioner and Plaintiff

QUINTERO JOCELYN

Respondents, Cross Defendants and Defendants

SALGADO ERIK HERNANDEZ

ESTRADA DARWIN

DOES 1 TO 25 INCLUSIVE

Respondent, Defendant and Cross Plaintiff

ESTRADA DARWIN

Not Classified By Court

LOYA CASUALTY INSURANCE COMPANY

Attorney/Law Firm Details

Petitioner and Plaintiff Attorneys

TREGER ANDREW L. ESQ.

TREGER ANDREW L.

Respondent, Defendant and Not Classified By Court Attorneys

PARKER STRAUS LLP

BALL DAVID N. ESQ.

HILL GEOFFREY THOMAS

NGUYEN ERIN

STRAUS MEYERS LLP

NGUYEN ERIN KATHLYNE

NGUYEN ERIN K.

MEYERS ANDREW SPENCER

BALL DAVID N.

Respondent and Defendant Attorneys

PARKER STRAUS LLP

BALL DAVID N. ESQ.

Defendant and Cross Plaintiff Attorney

BALL DAVID N.

Cross Defendant, Defendant and Not Classified By Court Attorneys

HILL GEOFFREY THOMAS

NGUYEN ERIN

 

Court Documents

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

11/23/2021: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Minute Order - MINUTE ORDER (JURY TRIAL)

12/7/2021: Minute Order - MINUTE ORDER (JURY TRIAL)

Notice of Settlement

12/7/2021: Notice of Settlement

Statement of the Case

10/25/2021: Statement of the Case

Jury Instructions

10/25/2021: Jury Instructions

Exhibit List

10/25/2021: Exhibit List

Witness List

10/25/2021: Witness List

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

10/26/2021: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Motion in Limine - MOTION IN LIMINE PLAINTIFF'S MOTION IN LIMINE NO. 2: TO EXCLUDE REFERENCE TO THE TERMS "INDEPENDENT MEDICAL EXAMINATION, INDEPENDENT MEDICAL DOCTOR, INDEPENDENT MEDICAL REPORT"; MEM

10/1/2021: Motion in Limine - MOTION IN LIMINE PLAINTIFF'S MOTION IN LIMINE NO. 2: TO EXCLUDE REFERENCE TO THE TERMS "INDEPENDENT MEDICAL EXAMINATION, INDEPENDENT MEDICAL DOCTOR, INDEPENDENT MEDICAL REPORT"; MEM

Motion in Limine - MOTION IN LIMINE PLAINTIFF'S MOTION IN LIMINE NO. 1: TO EXCLUDE DEFENDANT'S BIOMECHANICAL EXPERT, BEAU LEBLANC, BSME; REQUEST FOR EVIDENCE CODE SECTION 402 HEARING

10/1/2021: Motion in Limine - MOTION IN LIMINE PLAINTIFF'S MOTION IN LIMINE NO. 1: TO EXCLUDE DEFENDANT'S BIOMECHANICAL EXPERT, BEAU LEBLANC, BSME; REQUEST FOR EVIDENCE CODE SECTION 402 HEARING

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL, FSC AND EX...)

8/24/2021: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL, FSC AND EX...)

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

8/19/2021: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Motion for Leave to Intervene

3/3/2021: Motion for Leave to Intervene

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

3/23/2021: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Notice - NOTICE OF TAKING MOTION FOR LEAVE TO FILE ANSWER IN INTERVENTION OFF-CALENDAR

4/12/2021: Notice - NOTICE OF TAKING MOTION FOR LEAVE TO FILE ANSWER IN INTERVENTION OFF-CALENDAR

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR LEAVE TO INTERVENE)

4/13/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR LEAVE TO INTERVENE)

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

4/28/2021: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Notice - NOTICE OF NON-RECEIPT OF MOTION TO COMPEL THE DEPOSITION OF DEFENDANT ERIK HERNANDEZ SALGADO AND FOR SANCTIONS AGAINST DEFENDANT SALGADO AND HIS COUNSEL OF RECORD FOR FAILURE TO APPEAR AT DUL

6/10/2021: Notice - NOTICE OF NON-RECEIPT OF MOTION TO COMPEL THE DEPOSITION OF DEFENDANT ERIK HERNANDEZ SALGADO AND FOR SANCTIONS AGAINST DEFENDANT SALGADO AND HIS COUNSEL OF RECORD FOR FAILURE TO APPEAR AT DUL

41 More Documents Available

 

Docket Entries

  • 01/20/2022
  • Hearing01/20/2022 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 12/07/2021
  • Docketat 08:30 AM in Department 32, Michael E. Whitaker, Presiding; Jury Trial - Not Held - Taken Off Calendar by Court

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  • 12/07/2021
  • DocketNotice of Settlement; Filed by Jocelyn Quintero (Plaintiff)

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  • 12/07/2021
  • DocketMinute Order ( (Jury Trial)); Filed by Clerk

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  • 11/23/2021
  • Docketat 10:00 AM in Department 32, Michael E. Whitaker, Presiding; Final Status Conference - Held

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  • 11/23/2021
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 11/09/2021
  • Docketat 08:30 AM in Department 32, Michael E. Whitaker, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 10/26/2021
  • Docketat 10:00 AM in Department 32, Michael E. Whitaker, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 10/26/2021
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 10/25/2021
  • DocketJury Instructions; Filed by Jocelyn Quintero (Plaintiff); Erik Hernandez Salgado (Defendant)

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73 More Docket Entries
  • 04/25/2018
  • DocketORDER ON COURT FEE WAIVER

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  • 04/24/2018
  • DocketANSWER PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH- COMPLAINT

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  • 04/24/2018
  • DocketAnswer; Filed by Erik Hernandez Salgado (Defendant)

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  • 04/24/2018
  • DocketRequest to Waive Court Fees; Filed by Erik Hernandez Salgado (Defendant)

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  • 04/11/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 04/11/2018
  • DocketProof-Service/Summons; Filed by Jocelyn Quintero (Plaintiff)

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  • 02/26/2018
  • DocketComplaint; Filed by Jocelyn Quintero (Plaintiff)

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  • 02/26/2018
  • DocketSummons; Filed by Jocelyn Quintero (Plaintiff)

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  • 02/26/2018
  • DocketComplaint

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  • 02/26/2018
  • DocketCivil Case Cover Sheet /CoverSheet Addendum

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Tentative Rulings

Case Number: BC695746    Hearing Date: April 13, 2021    Dept: 32

PLEASE NOTE: Parties who intend to submit on this tentative must send an email to the court at sscdept32@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear in-person or remotely.

TENTATIVE RULING

DEPARTMENT

32

HEARING DATE

April 13, 2021

CASE NUMBER

BC695746

MOTION

Motion for Leave to Intervene

MOVING PARTY

Proposed Intervenor Loya Casualty Insurance Company

OPPOSING PARTY

None

MOTION

Proposed Intervenor Loya Casualty Insurance Company (“Intervenor”) seeks leave to intervene in this action per Code of Civil Procedure section 387.

ANALYSIS

Code of Civil Procedure section 387 permits intervention in a pending action when the proposed intervenor has an interest in the matter that is the subject of the litigation, or in the success of any party. Code of Civil Procedure section 387, subdivision (b) provides: “if the person seeking intervention claims an interest relating to the property or transaction which is the subject of the action and that person is so situated that the disposition of the action may as a practical matter impair or impede that person’s ability to protect that interest, unless that person's interest is adequately represented by existing parties, the court shall, upon timely application, permit that person to intervene.” (Code Civ. Proc., § 387, subd. (b).)

A liability insurer normally is not a party to an action by a third party against its insured, but may have the right to intervene in certain circumstances. For example, if an insured corporation is suspended, thus depriving it of the power to sue or defend, the insurer must obtain leave to intervene and defend the action in its own name. Unless it does so, the insurer cannot defend the action on the corporation's behalf without reviving the corporation from its suspended status. (Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc. (2006) 136 Cal.App.4th 212, 220.)

Intervenor has demonstrated that it issued an insurance policy to Defendant Erik Hernandez Salgado (“Defendant”). That policy might obligate Intervenor to pay any judgment entered in favor of Plaintiff Jocelyn Quintero. Intervenor has been unable to locate Defendant since January 24, 2020, and as such, Defendant cannot defend this action. The Court therefore concludes that Intervenor has a sufficient interest in this matter to support its intervention in this case, which Defendant cannot protect.

CONCLUSION AND ORDER

Accordingly, the Court grants Intervenor’s motion for leave to intervene and orders Intervenor to file and serve the proposed answer in intervention within 10 days of the hearing on the motion.

Intervenor is to give notice of this order, and file a proof of service of such.

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