This case was last updated from Los Angeles County Superior Courts on 06/12/2019 at 17:22:59 (UTC).

KENNETH KAJETON BARNOSKI VS ANTHONY APODACA II

Case Summary

On 08/25/2017 KENNETH KAJETON BARNOSKI filed a Personal Injury - Other Personal Injury lawsuit against ANTHONY APODACA II. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are BENNY C. OSORIO and MARGARET MILLER BERNAL. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3550

  • Filing Date:

    08/25/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

BENNY C. OSORIO

MARGARET MILLER BERNAL

 

Party Details

Plaintiff and Petitioner

BARNOSKI KENNETH KAJETON

Defendants, Respondents and Cross Plaintiffs

DOES 1 TO 10

APODACA ANTHONY II

APODACA II ANTHONY

MOES 1-10

Cross Defendant

BARNOSKI KENNETH KAJETON A NATURAL

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

AWAD RANDALL M. ESQ

AWAD RANDALL M. LAW OFFICE OF

Defendant and Respondent Attorney

OPRI DEBRA A. ESQ.

Cross Plaintiff Attorney

OPRI & ASSOCIATES

 

Court Documents

ORDER TRANSFERRING PERSONAL INJURY (PI) CASE TO AN INDEPENDENT CALENDAR (IC) COURT

1/17/2018: ORDER TRANSFERRING PERSONAL INJURY (PI) CASE TO AN INDEPENDENT CALENDAR (IC) COURT

Minute Order

1/17/2018: Minute Order

Case Management Statement

3/6/2018: Case Management Statement

Case Management Statement

3/7/2018: Case Management Statement

Notice of Related Case

3/14/2018: Notice of Related Case

Unknown

5/16/2018: Unknown

Cross-Complaint

5/25/2018: Cross-Complaint

Notice of Stay of Proceedings

6/28/2018: Notice of Stay of Proceedings

Response

7/20/2018: Response

Ex Parte Application

9/26/2018: Ex Parte Application

Proof of Service by Mail

10/18/2018: Proof of Service by Mail

Case Management Statement

12/26/2018: Case Management Statement

Minute Order

1/10/2019: Minute Order

Opposition

1/16/2019: Opposition

Reply

1/24/2019: Reply

OPPOSITION OF PLAINTIFF KENNETH KAJETON BARNOSKI TO DEMURRER OF DEFENDANT ANTHONY APODACA II TO COMPLAINT

1/3/2018: OPPOSITION OF PLAINTIFF KENNETH KAJETON BARNOSKI TO DEMURRER OF DEFENDANT ANTHONY APODACA II TO COMPLAINT

AMENDED NOTICE OF HEARING ON DEMURRER OF DEFENDANT ANTHONY APODACA II TO PLAINTIFF'S COMPLAINT;

12/5/2017: AMENDED NOTICE OF HEARING ON DEMURRER OF DEFENDANT ANTHONY APODACA II TO PLAINTIFF'S COMPLAINT;

SUMMONS

8/25/2017: SUMMONS

45 More Documents Available

 

Docket Entries

  • 05/23/2019
  • at 1:30 PM in Department C; Hearing on Motion to Compel (deposition of Plaintiff Kenneth Kajeton Barnoski) - Not Held - Continued - Stipulation

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  • 05/23/2019
  • Minute Order ( (Hearing on Motion to Compel deposition of Plaintiff Kenneth K...)); Filed by Clerk

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  • 05/21/2019
  • Stipulation and Order (Stipulation and Proposed Order); Filed by KENNETH KAJETON BARNOSKI (Plaintiff)

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  • 05/14/2019
  • Opposition (Plaintiff's Opposition to Motion to Compel and for Sanctions); Filed by KENNETH KAJETON BARNOSKI (Plaintiff)

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  • 05/09/2019
  • at 1:30 PM in Department C; Hearing on Motion to Compel Further Discovery Responses - Not Held - Rescheduled by Party

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  • 05/09/2019
  • at 1:30 PM in Department C; Hearing on Motion to Compel Further Discovery Responses - Not Held - Rescheduled by Party

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  • 03/28/2019
  • at 08:30 AM in Department F, Margaret Miller Bernal, Presiding; Trial Setting Conference - Held - Continued

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  • 03/28/2019
  • Minute Order ( (Trial Setting Conference)); Filed by Clerk

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  • 02/28/2019
  • at 1:30 PM in Department C; Hearing on Motion to Compel Further Discovery Responses - Not Held - Rescheduled by Party

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  • 02/28/2019
  • at 1:30 PM in Department C; Hearing on Motion to Compel Further Discovery Responses - Not Held - Rescheduled by Party

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111 More Docket Entries
  • 10/06/2017
  • PROOF OF SERVICE OF SUMMONS

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  • 10/06/2017
  • Proof-Service/Summons; Filed by KENNETH KAJETON BARNOSKI (Plaintiff)

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  • 08/25/2017
  • Summons; Filed by KENNETH KAJETON BARNOSKI (Plaintiff)

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  • 08/25/2017
  • Complaint; Filed by KENNETH KAJETON BARNOSKI (Plaintiff)

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  • 08/25/2017
  • COMPLAINT DEMAND FOR JURY TRIAL

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  • 08/25/2017
  • SUMMONS

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  • 08/25/2017
  • Complaint filed-Summons Issued; Filed by KENNETH KAJETON BARNOSKI (Plaintiff)

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  • 08/25/2017
  • Complaint

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  • 01/13/2017
  • Reply/Response; Filed by Plaintiff/Petitioner

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  • 01/13/2017
  • Reply/Response (IN OPPOSITION TO NOTICE OF RELATED CASE. ); Filed by Attorney for Plaintiff/Petitioner

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Tentative Rulings

Case Number: BC673550    Hearing Date: August 26, 2020    Dept: C

BARNOSKI v. APODACA II

CASE NO.:  BC673550

HEARING 8/26/20

JUDGE: OLIVIA ROSALES

[Remote appearances are encouraged and will be given priority.]

#5

TENTATIVE ORDER

Plaintiff Barnoski’s motion requesting relief from, vacating, and setting aside dismissal is GRANTED. Sanctions are imposed against Plaintiff’s counsel in the sum of $1,000.00, payable to Defendant within 30 days.

Moving Party to give NOTICE.

Plaintiff Barnoski moves to set aside dismissal per CCP § 473(b).

The court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect. The court shall, whenever relief is granted based on an attorney's affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing counsel or parties. However, this section shall not lengthen the time within which an action shall be brought to trial pursuant to Section 583.310. (CCP § 473(b).)

The court accepts Plaintiff’s counsel’s affidavit of fault, attesting that he failed to appear for the Status and Trial Setting Conference and the OSC. (Awad Decl., ¶ 4.)

In opposition, Defendant contends that Plaintiff’s recitation of the facts is inaccurate. However, the provisions of CCP § 473(b) are mandatory when accompanied by an attorney’s affidavit of fault.

The motion is GRANTED. Sanctions are imposed against Plaintiff’s counsel in the sum of $1,000.00, payable to Defendant within 30 days.

Case Number: BC673550    Hearing Date: March 24, 2020    Dept: SEC

BARNOSKI v. APODACA II

CASE NO.:  BC673550

HEARING 3/24/20

#3

TENTATIVE ORDER

Due to the directives, from both the Governor and the Presiding Judge, Plaintiff Barnoski’s motion requesting relief from vacating, and setting aside dismissal of action is CONTINUED to May 19, 2020 in Dept. SEC at 1:30 PM.