This case was last updated from Los Angeles County Superior Courts on 12/02/2022 at 11:22:03 (UTC).

JOSE JUAN CASTILLO VS JOHN ALLEN SMITH ET AL

Case Summary

On 05/02/2017 JOSE JUAN CASTILLO filed a Personal Injury - Motor Vehicle lawsuit against JOHN ALLEN SMITH. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judge overseeing this case is MARK A. BORENSTEIN. The case status is Other.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9853

  • Filing Date:

    05/02/2017

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MARK A. BORENSTEIN

 

Party Details

Plaintiff

CASTILLO JOSE JUAN

Defendants

SHAWNAN CORPORATION

PETERSON TIMOTHY ALAN

SMITH JOHN ALLEN

ERNESTO LEMUS JULIO

KELTERITE CORPORATION

Attorney/Law Firm Details

Plaintiff Attorneys

BOYADZHYAN ARAKSYA ANI ESQ.

MGDESYAN GEORGE GEVORK ESQ.

Defendant Attorneys

BEAUMONT NANETTE MARIE ESQ.

CHAPPEL GREGORY MAURICE ESQ.

 

Court Documents

Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE; ORDER TO SHOW CAUSE RE: DISMISSAL R...)

3/25/2020: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE; ORDER TO SHOW CAUSE RE: DISMISSAL R...)

Notice of Entry of Dismissal and Proof of Service

2/27/2020: Notice of Entry of Dismissal and Proof of Service

Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE OF KELTERITE C...)

2/27/2020: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE OF KELTERITE C...)

Request for Dismissal - REQUEST FOR DISMISSAL WITH PREJUDICE AS TO ENTIRE ACTION OF ALL PARTIES AND ALL CAUSES OF ACTION

2/26/2020: Request for Dismissal - REQUEST FOR DISMISSAL WITH PREJUDICE AS TO ENTIRE ACTION OF ALL PARTIES AND ALL CAUSES OF ACTION

Order - ORDER RE: HEARING ON 12/04/2019

12/4/2019: Order - ORDER RE: HEARING ON 12/04/2019

Notice of Ruling

12/9/2019: Notice of Ruling

Minute Order - MINUTE ORDER (HEARING ON MOTION TO QUASH SERVICE OF SUMMONS ON FIRST AMENDE...)

12/4/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO QUASH SERVICE OF SUMMONS ON FIRST AMENDE...)

Minute Order - MINUTE ORDER (HEARING ON MOTION TO QUASH SERVICE OF SUMMONS ON FIRST AMENDE...)

11/19/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO QUASH SERVICE OF SUMMONS ON FIRST AMENDE...)

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: REGARDING SERVICE/ANSWER/RESPONSIVE P...)

11/5/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: REGARDING SERVICE/ANSWER/RESPONSIVE P...)

Objection - OBJECTION TO PLAINTIFF'S APPLICATION FOR SERVICE BY PUBLICATION UPON DEFENDANT, JOHN A. SMITH; DECLARATION OF NANETTE M. BEAUMONT IN SUPPORT OF SANCTIONS REORDER TO SHOW CAUSE RE DISMISSAL

10/31/2019: Objection - OBJECTION TO PLAINTIFF'S APPLICATION FOR SERVICE BY PUBLICATION UPON DEFENDANT, JOHN A. SMITH; DECLARATION OF NANETTE M. BEAUMONT IN SUPPORT OF SANCTIONS REORDER TO SHOW CAUSE RE DISMISSAL

Notice - NOTICE COURT'S NOTICE OF ENTRY OF ORDER REGARDING CASE MANAGEMENT CONFERENCE; TRIAL SETTING CONFERENCE AND ORDER TO SHOW CAUSE

10/17/2019: Notice - NOTICE COURT'S NOTICE OF ENTRY OF ORDER REGARDING CASE MANAGEMENT CONFERENCE; TRIAL SETTING CONFERENCE AND ORDER TO SHOW CAUSE

Request for Dismissal - REQUEST FOR DISMISSAL [PARTIAL] AS TO LEMUS JULIO ERNESTO ONLY

10/15/2019: Request for Dismissal - REQUEST FOR DISMISSAL [PARTIAL] AS TO LEMUS JULIO ERNESTO ONLY

Order for Publication

10/16/2019: Order for Publication

Declaration - DECLARATION DECLARATION OF GEORGE G. MGDESYAN IN SUPPORT OF PLAINTIFF'S APPLICATION FOR ORDER FOR PUBLICATION

10/15/2019: Declaration - DECLARATION DECLARATION OF GEORGE G. MGDESYAN IN SUPPORT OF PLAINTIFF'S APPLICATION FOR ORDER FOR PUBLICATION

Declaration - DECLARATION DECLARATION OF GEORGE G. MGDESYAN IN SUPPORT OF PLAINTIFF'S APPLICATION FOR ORDER FOR PUBLICATION

10/15/2019: Declaration - DECLARATION DECLARATION OF GEORGE G. MGDESYAN IN SUPPORT OF PLAINTIFF'S APPLICATION FOR ORDER FOR PUBLICATION

Application - APPLICATION APPLICATION FOR PUBLICATION

10/15/2019: Application - APPLICATION APPLICATION FOR PUBLICATION

Application - APPLICATION APPLICATION FOR PUBLICATION

10/15/2019: Application - APPLICATION APPLICATION FOR PUBLICATION

Order - Dismissal

10/2/2019: Order - Dismissal

67 More Documents Available

 

Docket Entries

  • 03/25/2020
  • DocketTrial Setting Conference scheduled for 03/25/2020 at 08:30 AM in Norwalk Courthouse at Department F updated: Result Date to 03/25/2020; Result Type to Not Held - Taken Off Calendar by Court

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  • 03/25/2020
  • DocketOrder to Show Cause Re: Dismissal regarding answer/responsive pleading to the operative complaint by Timothy Peterson; Kelterite Corporation; John Allen Smith scheduled for 03/25/2020 at 08:30 AM in Norwalk Courthouse at Department F updated: Result Date to 03/25/2020; Result Type to Not Held - Taken Off Calendar by Court

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  • 03/25/2020
  • DocketMinute Order (Trial Setting Conference; Order to Show Cause Re: Dismissal r...)

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  • 02/27/2020
  • DocketNotice of Entry of Dismissal and Proof of Service; Filed by: Kelterite Corporation (Defendant)

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  • 02/27/2020
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike of Kelterite C...)

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  • 02/27/2020
  • DocketHearing on Demurrer - without Motion to Strike of Kelterite Corporation to First Amended Complatin of Jose Juan Castillo scheduled for 02/27/2020 at 01:30 PM in Norwalk Courthouse at Department C updated: Result Date to 02/27/2020; Result Type to Not Held - Taken Off Calendar by Court

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  • 02/26/2020
  • DocketOn the Amended Complaint (1st) filed by Jose Juan Castillo on 02/01/2019, entered Request for Dismissal with prejudice filed by Jose Juan Castillo as to the entire action

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  • 02/26/2020
  • DocketRequest for Dismissal With Prejudice as to Entire Action of All Parties and All Causes of Action; Filed by: Jose Juan Castillo (Plaintiff); As to: Lemus Julio Ernesto (Defendant); Kelterite Corporation (Defendant); Timothy Alan Peterson (Defendant) et al.

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  • 12/09/2019
  • DocketNotice of Ruling; Filed by: Kelterite Corporation (Defendant)

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  • 12/04/2019
  • DocketOrder re: hearing on 12/04/2019; Signed and Filed by: Clerk

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153 More Docket Entries
  • 09/20/2017
  • DocketDocument:Answer Filed by: Defendant & Defendant in Pro Per

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  • 09/20/2017
  • DocketDocument:Request-Waive Court Fees Filed by: Defendant/Respondent

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  • 09/19/2017
  • DocketDocument:Declaration Filed by: Attorney for Defendant/Respondent

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  • 08/25/2017
  • DocketDocument:Proof-Service/Summons Filed by: Attorney for Plaintiff/Petitioner

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  • 08/22/2017
  • DocketDocument:Proof-Service/Summons Filed by: Attorney for Plaintiff/Petitioner

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  • 05/03/2017
  • DocketCalendaring:Final Status Conference 10/16/18 at 10:00 am Patricia D. Nieto

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  • 05/03/2017
  • DocketCalendaring:Jury Trial 11/02/18 at 8:30 am Patricia D. Nieto

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  • 05/03/2017
  • DocketCalendaring:OSC RE Dismissal 05/04/20 at 8:30 am Patricia D. Nieto

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  • 05/02/2017
  • DocketCase Filed/Opened:Motor Vehicle - PI/PD/WD

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  • 05/02/2017
  • DocketDocument:Complaint Filed by: N/A

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Tentative Rulings

Case Number: ****9853    Hearing Date: February 27, 2020    Dept: SEC

CASTILLO v. SMITH

CASE NO.: ****9853

HEARING: 02/27/2020

JUDGE: OLIVIA ROSALES

#6

TENTATIVE RULING

Defendant KELTERITE CORPORATION’s Demurrer to Plaintiff’s First Amended Complaint is OVERRULED.

Moving Party to give Notice.

No Opposition filed as of February 25, 2020.

This personal injury action was filed by Plaintiff on May 2, 2017. On November 16, 2017, the Court OVERRULED Defendant Kelterite’s demurrer to the second cause of action for negligence, third cause of action for negligent hiring, training, supervision, and retention, and fourth cause of action for vicarious liability in Plaintiff’s Complaint, and GRANTED Kelterite’s Motion to Strike punitive damages in Plaintiff’s Complaint. Plaintiff was given 15 days to file an amended complaint in accordance with the Court’s ruling on the Motion to Strike.

On February 1, 2019, Plaintiff filed a First Amended Complaint asserting the following causes of action: (1) Motor Vehicle Negligence; (2) Negligence; (3) Negligent Hiring, Training, Supervision, and Retention of Employees; and (4) Vicarious Liability.

Kelterite now demurs to Plaintiff’s second, third, and fourth causes of action pursuant to CCP ;430.10(e).

As indicated above, the Court previously overruled demurrers to the second, third, and fourth causes of action. Kelterite is not permitted to again demur to those causes of action. Its only attack would have been by way of a timely motion for reconsideration. (Bennett v. Suncloud (1999) 56 Cal.App.4th 91, 96.) The demurrer to the second, third, and fourth causes of action is overruled.



Case Number: ****9853    Hearing Date: December 04, 2019    Dept: SEC

CASTILLO v. SMITH, et al.

CASE NO.:  ****9853

HEARING 12/4/19

#9

TENTATIVE ORDER

Specially appearing Defendant Timothy Peterson’s motion to quash service of summons on first amended complaint is GRANTED.

Moving Party to give NOTICE.

Specially appearing Defendant Timothy Peterson moves to quash service of summons pursuant to CCP 415,20 and 418.10.

“In lieu of personal delivery of a copy of the summons and complaint to the person to be served as specified in Section 416.10, 416.20, 416.30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and complaint during usual office hours in his or her office or, if no physical address is known, at his or her usual mailing address, other than a United States Postal Service post office box, with· the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. When service is effected by leaving a copy of the summons and complaint at a mailing address, it shall be left with a person at least 18 years of age, who shall be informed of the contents thereof.” (CCP 415.20(a).)

At the 11/19/19 hearing on this motion, Plaintiff advised the court that an Opposition was filed in May 2019, and requests the court to consider the Opposition.

As an initial matter, the court thanks the parties for their patience during this e-filing transition process. Although the Opposition appears on the court’s docket, the system sometimes does not “relate” all documents to the actual hearing. Therefore, this court was not able to review the Opposition prior to the hearing.

Having now reviewed the opposition, the ruling remains the same.

Here, Timothy Peterson rebutted the presumption of valid service by submitting the declaration of Cindy Padillo, who declares that she is a receptionist at Sialic Contractors Corporation, located at 12240 Woodruff Avenue, Downey, CA. (Padillo Decl., ¶ 1.) Timothy Peterson was sub-served at Sialic Contractors Corporation, and Peterson is not an employee, nor does he work for Sialic in any capacity whatsoever. (Id. at ¶ 6.) Once the process server left, Padillo realized that the address of place of service incorrectly said it was 12231 Pangborn Avenue, Downey, CA. (Id. at ¶ 8.)

Plaintiff’s opposition merely insists that 12231 Pangborn Avenue is Defendant’s place of business, but does not properly address Padillo’s declaration, stating that the documents were received at a completely different address, and that Timothy Peterson does not work at that address.

Accordingly, sub-service upon Timothy Peterson was improper. The motion is GRANTED.



Case Number: ****9853    Hearing Date: November 19, 2019    Dept: SEC

CASTILLO v. SMITH, et al.

CASE NO.:  ****9853

HEARING 11/19/19

JUDGE: MARGARET M. BERNAL

#5

TENTATIVE ORDER

Specially appearing Defendant Timothy Peterson’s unopposed motion to quash service of summons on first amended complaint is GRANTED.

Moving Party to give NOTICE.

Specially appearing Defendant Timothy Peterson moves to quash service of summons pursuant to CCP 415,20 and 418.10.

“In lieu of personal delivery of a copy of the summons and complaint to the person to be served as specified in Section 416.10, 416.20, 416.30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and complaint during usual office hours in his or her office or, if no physical address is known, at his or her usual mailing address, other than a United States Postal Service post office box, with· the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left. When service is effected by leaving a copy of the summons and complaint at a mailing address, it shall be left with a person at least 18 years of age, who shall be informed of the contents thereof.” (CCP 415.20(a).)

Here, Timothy Peterson was sub-served at Sialic Contractors Corporation. Cindy Padillo declares that Timothy Peterson is not an employee, nor does he work for Sialic in any capacity whatsoever. (Padillo Decl., Par. 6.)

Accordingly, sub-service upon Timothy Peterson was improper. The motion is GRANTED.



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