This case was last updated from Los Angeles County Superior Courts on 10/18/2020 at 08:40:48 (UTC).

JOSEPHINE LIVINGSTON VS FRANCES JONES ET AL

Case Summary

On 03/15/2017 JOSEPHINE LIVINGSTON filed a Personal Injury - Other Product Liability lawsuit against FRANCES JONES. 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 and KRISTIN S. ESCALANTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4153

  • Filing Date:

    03/15/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

GEORGINA T. RIZK

MARK A. BORENSTEIN

KRISTIN S. ESCALANTE

 

Party Details

Plaintiff and Petitioner

LIVINGSTON JOSEPHINE

Defendants and Respondents

JONES FRANCES

MCDONALDS

DOES 1 TO 100

MCDONALD'S CORPORATION

JONES FRANCES DBA MCDONALDS

MCDONALD'S

Not Classified By Court

DEFENDANT-IN-INTERVENTION JONES MANAGEMENT - LA TIJERA INC.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

PERLSTEIN JOHN J. ESQ.

YOUNG DARREN S.

EKPENISI MACAULEY ISIOMA ESQ.

EKPENISI MACAULEY

Defendant and Respondent Attorneys

ZIMMERMAN BRIAN F. ESQ.

KAHANOWITCH RICHARD MICHAEL ESQ.

BUEHLER MARK

Defendant and Not Classified By Court Attorney

BUEHLER MARK

 

Court Documents

Separate Statement

10/9/2020: Separate Statement

Declaration - DECLARATION IN OPPOSITION TO MSJ

10/9/2020: Declaration - DECLARATION IN OPPOSITION TO MSJ

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: COVID-19;) OF 06/19/2020

6/19/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: COVID-19;) OF 06/19/2020

Reply - REPLY REPLY AS TO OPPOSITION TO OUR MSJ

6/19/2020: Reply - REPLY REPLY AS TO OPPOSITION TO OUR MSJ

Opposition - OPPOSITION MEMORANDUM IN SUPPORT OF OPPOSITION TO MSJ

6/11/2020: Opposition - OPPOSITION MEMORANDUM IN SUPPORT OF OPPOSITION TO MSJ

Declaration - DECLARATION IN SUPPORT OF PLAINTIFF'S OPPOSITION TO MSJ

6/12/2020: Declaration - DECLARATION IN SUPPORT OF PLAINTIFF'S OPPOSITION TO MSJ

Declaration - DECLARATION TINA AMIRKHANYAN IN SUPPORT OF RESPONSE

6/15/2020: Declaration - DECLARATION TINA AMIRKHANYAN IN SUPPORT OF RESPONSE

Objection - OBJECTION IN SUPPORT OF RESPONSE

6/15/2020: Objection - OBJECTION IN SUPPORT OF RESPONSE

Notice - NOTICE OF RULING RE: DEFENDANT, JONES MANAGEMENT - LA TIJERA, INC.'S MOTION TO ENFORCE SETTLEMENT

11/14/2019: Notice - NOTICE OF RULING RE: DEFENDANT, JONES MANAGEMENT - LA TIJERA, INC.'S MOTION TO ENFORCE SETTLEMENT

Answer

2/6/2020: Answer

Opposition - OPPOSITION PLAINTIFF'S OPPOSITION TO DEFENDANTS' EX PARTE APPLICATION

2/20/2020: Opposition - OPPOSITION PLAINTIFF'S OPPOSITION TO DEFENDANTS' EX PARTE APPLICATION

Motion for Summary Judgment

2/26/2020: Motion for Summary Judgment

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

8/8/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

6/26/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

3/27/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

Notice of Posting of Jury Fees

11/5/2018: Notice of Posting of Jury Fees

SUBSTITUTION OF ATTORNEY-CIVIL

3/12/2018: SUBSTITUTION OF ATTORNEY-CIVIL

JONES MANAGEMENT-LA TIJERA, INC.'S ANSWER TO COMPLAINT

4/11/2017: JONES MANAGEMENT-LA TIJERA, INC.'S ANSWER TO COMPLAINT

45 More Documents Available

 

Docket Entries

  • 11/10/2020
  • Hearing11/10/2020 at 10:30 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Trial Setting Conference

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  • 10/26/2020
  • Hearing10/26/2020 at 13:30 PM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Summary Judgment

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  • 10/09/2020
  • DocketDeclaration (In Opposition to MSJ); Filed by Josephine Livingston (Plaintiff)

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  • 10/09/2020
  • DocketSeparate Statement; Filed by Josephine Livingston (Plaintiff)

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  • 10/09/2020
  • DocketOpposition (To Motion for Summary Judgment); Filed by Josephine Livingston (Plaintiff)

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  • 08/11/2020
  • DocketSubstitution of Attorney; Filed by Jones Management-La Tijera, Inc. Erroneously Sued As Frances Jones (Defendant)

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  • 08/11/2020
  • DocketSubstitution of Attorney; Filed by Defendant-in-intervention Jones Management - La Tijera, Inc. (Non-Party)

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  • 07/28/2020
  • Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Jury Trial (estimated at 5 days) - Not Held - Advanced and Vacated

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  • 07/14/2020
  • Docketat 10:00 AM in Department 29, Kristin S. Escalante, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 07/07/2020
  • DocketNotice of Joinder (Name Extension) (of Defendant Jones Management-La Tijera, Inc.); Filed by Jones Management-La Tijera, Inc. Erroneously Sued As Frances Jones (Defendant)

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73 More Docket Entries
  • 03/12/2018
  • DocketSUBSTITUTION OF ATTORNEY-CIVIL

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  • 05/03/2017
  • DocketREQUEST FOR DISMISSAL

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  • 05/03/2017
  • DocketPartial Dismissal (w/o Prejudice); Filed by Josephine Livingston (Plaintiff)

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  • 04/11/2017
  • DocketJONES MANAGEMENT-LA TIJERA, INC.'S ANSWER TO COMPLAINT

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  • 04/11/2017
  • DocketAnswer; Filed by Jones Management-La Tijera, Inc. Erroneously Sued As Frances Jones (Defendant); McDonald's (Defendant)

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  • 04/05/2017
  • DocketProof-Service/Summons; Filed by Josephine Livingston (Plaintiff)

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  • 04/05/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 03/15/2017
  • DocketSUMMONS

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  • 03/15/2017
  • DocketComplaint; Filed by Josephine Livingston (Plaintiff)

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  • 03/15/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC654153    Hearing Date: June 26, 2020    Dept: 29

Livingston v. Frances Jones dba McDonald’s Corporation BC654153

MOTION TO INTERVENE

Motion by Jones Management-LA Tijera, Inc. (“JM”) to File an Answer-In-Intervention is GRANTED. Intervenor is ordered to file its Answer-in-Intervention forthwith.

Intervention is proper where the intervenor shows an interest relating to the property or transaction which is the subject of the action and disposition of that action may as a practical matter impair or impede that person’s ability to protect the interest. Cal Code Civil Procedure § 387(b).

Intervenor has an interest in this litigation in that it contends it owns the premises where the accident occurred and which is the subject of this action. Exhibit 4, Response to Special Interrogatory #1. Plaintiff alleges that Defendants were responsible for the maintenance, care and condition of the premises, wherein Plaintiff was allegedly sold food containing a foreign object. Complaint, page 4.

Intervention may take place where the nonparty intervenor becomes a party to the action between other persons by “[u]niting with a Defendant in resisting the claims of a plaintiff.” Cal Code Civ Procedure § 397(b).

Contrary to Plaintiff’s argument, the motion does not seek dismissal of Defendant Frances Jones dba McDonald’s. Whether or not she is a proper party to this action or liable for any of the alleged misconduct is an issue of fact that cannot be determined by way of this motion.

Plaintiff’s request to reopen discovery is improperly sought by way of opposition. Such a request would be considered only upon a proper motion demonstrating the relevant factors necessary to warrant that order. Cal Code Civ Procedure § 2024.050.

Intervenor must give sufficient statutory notice to join in the motion for summary judgment, as set forth below. At the time the motion was filed on 2/26/20, JM was not appropriately joined as a defendant in this action.

Moving party is ordered to give notice.

MOTION FOR SUMMARY JUDGMENT

Motion by Defendants Frances Jones and Jones Management-LA Tijera, Inc. (“JM”), for Summary Judgment or in the Alternative for Summary Adjudication, is continued to 10/26/2020 at 1:30 p.m. to permit JM to file an Answer-in-Intervention. JM is ordered to timely file a joinder and separate statement of facts with sufficient statutory notice to Plaintiff if it intends to join in the Motion for Summary Judgment/Adjudication filed by Defendant, Frances Jones. (See Frazee v. Seely (2002) 95 Cal. App. 4th 627, 636 (in a different factual context, stating that a defendant joining a summary judgment motion must have its own separate statement)). Plaintiff’s opposition and Defendant’s reply thereto shall be filed according to statutory deadlines.

The Answer filed on 4/11/17 by Defendant Jones Management-LA Tijera, Inc. “(erroneously sued as Frances Jones dba McDonald’s)” is stricken as it improperly attempts to join a party. Cal Code Civ Procedure § 436(b).

Moving party is ordered to give notice.