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.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
GEORGINA T. RIZK
MARK A. BORENSTEIN
KRISTIN S. ESCALANTE
DOES 1 TO 100
JONES FRANCES DBA MCDONALDS
DEFENDANT-IN-INTERVENTION JONES MANAGEMENT - LA TIJERA INC.
PERLSTEIN JOHN J. ESQ.
YOUNG DARREN S.
EKPENISI MACAULEY ISIOMA ESQ.
ZIMMERMAN BRIAN F. ESQ.
KAHANOWITCH RICHARD MICHAEL ESQ.
10/9/2020: Separate Statement
10/9/2020: Declaration - DECLARATION IN OPPOSITION TO MSJ
6/19/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: COVID-19;) OF 06/19/2020
6/19/2020: Reply - REPLY REPLY AS TO OPPOSITION TO OUR MSJ
6/11/2020: Opposition - OPPOSITION MEMORANDUM IN SUPPORT OF OPPOSITION TO MSJ
6/12/2020: Declaration - DECLARATION IN SUPPORT OF PLAINTIFF'S OPPOSITION TO MSJ
6/15/2020: Declaration - DECLARATION TINA AMIRKHANYAN IN SUPPORT OF RESPONSE
6/15/2020: Objection - OBJECTION IN SUPPORT OF RESPONSE
11/14/2019: Notice - NOTICE OF RULING RE: DEFENDANT, JONES MANAGEMENT - LA TIJERA, INC.'S MOTION TO ENFORCE SETTLEMENT
2/20/2020: Opposition - OPPOSITION PLAINTIFF'S OPPOSITION TO DEFENDANTS' EX PARTE APPLICATION
2/26/2020: Motion for Summary Judgment
8/8/2019: 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))
3/27/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))
11/5/2018: Notice of Posting of Jury Fees
3/12/2018: SUBSTITUTION OF ATTORNEY-CIVIL
4/11/2017: JONES MANAGEMENT-LA TIJERA, INC.'S ANSWER TO COMPLAINT
Hearing11/10/2020 at 10:30 AM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Trial Setting ConferenceRead MoreRead Less
Hearing10/26/2020 at 13:30 PM in Department 29 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Summary JudgmentRead MoreRead Less
DocketDeclaration (In Opposition to MSJ); Filed by Josephine Livingston (Plaintiff)Read MoreRead Less
DocketSeparate Statement; Filed by Josephine Livingston (Plaintiff)Read MoreRead Less
DocketOpposition (To Motion for Summary Judgment); Filed by Josephine Livingston (Plaintiff)Read MoreRead Less
DocketSubstitution of Attorney; Filed by Jones Management-La Tijera, Inc. Erroneously Sued As Frances Jones (Defendant)Read MoreRead Less
DocketSubstitution of Attorney; Filed by Defendant-in-intervention Jones Management - La Tijera, Inc. (Non-Party)Read MoreRead Less
Docketat 08:30 AM in Department 29, Kristin S. Escalante, Presiding; Jury Trial (estimated at 5 days) - Not Held - Advanced and VacatedRead MoreRead Less
Docketat 10:00 AM in Department 29, Kristin S. Escalante, Presiding; Final Status Conference - Not Held - Advanced and VacatedRead MoreRead Less
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)Read MoreRead Less
DocketSUBSTITUTION OF ATTORNEY-CIVILRead MoreRead Less
DocketREQUEST FOR DISMISSALRead MoreRead Less
DocketPartial Dismissal (w/o Prejudice); Filed by Josephine Livingston (Plaintiff)Read MoreRead Less
DocketJONES MANAGEMENT-LA TIJERA, INC.'S ANSWER TO COMPLAINTRead MoreRead Less
DocketAnswer; Filed by Jones Management-La Tijera, Inc. Erroneously Sued As Frances Jones (Defendant); McDonald's (Defendant)Read MoreRead Less
DocketProof-Service/Summons; Filed by Josephine Livingston (Plaintiff)Read MoreRead Less
DocketPROOF OF SERVICE SUMMONSRead MoreRead Less
DocketSUMMONSRead MoreRead Less
DocketComplaint; Filed by Josephine Livingston (Plaintiff)Read MoreRead Less
DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)Read MoreRead Less
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.