This case was last updated from Los Angeles County Superior Courts on 06/01/2019 at 07:13:48 (UTC).

LARRY D OWENS VS APPRENTICE & JOURNEYMEN TRAINING TRUST FUND

Case Summary

On 02/22/2017 LARRY D OWENS filed a Personal Injury - Other Personal Injury lawsuit against APPRENTICE JOURNEYMEN TRAINING TRUST FUND. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is CHRISTOPHER K. LUI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1323

  • Filing Date:

    02/22/2017

  • 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 Judge

CHRISTOPHER K. LUI

 

Party Details

Plaintiff and Petitioner

OWENS LARRY D

Defendants and Respondents

APPRENCTICE & JOURNEYMEN TRAINING TRUST

APPRENTICE & JOURNEYMEN TRAINING TRUST

AJ TRAINING

DOES 1-50

TRAINING AJ

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

VAZIRI LAW GROUP APC

VAZIRI SIAMAK

Defendant Attorney

MORALES EDWARD JESUS

 

Court Documents

ANSWER TO COMPLAINT AND DEMAND FOR JURY TRIAL

5/4/2018: ANSWER TO COMPLAINT AND DEMAND FOR JURY TRIAL

NOTICE OF DEATH OF PLAINTIFF

6/5/2018: NOTICE OF DEATH OF PLAINTIFF

PROPOSED ORDER AND STIPULATION TO CONTINUE TRIAL FSC AND RELATED MOTION DISCOVERY DATES PERSONAL INJURY COURTS ONLY CENTRAL DISTRICT

7/20/2018: PROPOSED ORDER AND STIPULATION TO CONTINUE TRIAL FSC AND RELATED MOTION DISCOVERY DATES PERSONAL INJURY COURTS ONLY CENTRAL DISTRICT

NOTICE OF CHANGE OF ADDRESS

7/26/2018: NOTICE OF CHANGE OF ADDRESS

Stipulation to Continue Trial/FSC [and Related Motion/Discovery Dates] Personal Injury Courts Only (Department 91, 92, 93, 97)

10/29/2018: Stipulation to Continue Trial/FSC [and Related Motion/Discovery Dates] Personal Injury Courts Only (Department 91, 92, 93, 97)

Minute Order

1/25/2019: Minute Order

Minute Order

1/25/2019: Minute Order

Minute Order

2/4/2019: Minute Order

Order - Dismissal

2/4/2019: Order - Dismissal

Unknown

2/4/2019: Unknown

Minute Order

2/22/2019: Minute Order

SUMMONS

2/22/2017: SUMMONS

UNLIMITED COMPLAINT FOR DAMAGES: 1. PREMISES LIABILITY ;ETC

2/22/2017: UNLIMITED COMPLAINT FOR DAMAGES: 1. PREMISES LIABILITY ;ETC

PROOF OF SERVICE SUMMONS

10/27/2017: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

10/27/2017: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

10/27/2017: PROOF OF SERVICE SUMMONS

4 More Documents Available

 

Docket Entries

  • 02/22/2019
  • at 3:10 PM in Department 4A, Christopher K. Lui, Presiding; Court Order

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  • 02/22/2019
  • Minute Order ( (Court Order Vacating Dismissal)); Filed by Clerk

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  • 02/04/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Held

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  • 02/04/2019
  • at 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Nunc Pro Tunc Order

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  • 02/04/2019
  • Minute Order ( (Jury Trial)); Filed by Clerk

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  • 02/04/2019
  • Minute Order ( (Nunc Pro Tunc Order)); Filed by Clerk

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  • 02/04/2019
  • Certificate of Mailing for (Minute Order (Jury Trial) of 02/04/2019); Filed by Clerk

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  • 01/25/2019
  • at 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Continued - Party's Motion

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  • 01/25/2019
  • at 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Nunc Pro Tunc Order

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  • 01/25/2019
  • Minute Order ( (Nunc Pro Tunc Order)); Filed by Clerk

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10 More Docket Entries
  • 05/04/2018
  • Answer; Filed by Apprenctice & Journeymen Training Trust (Defendant); Apprentice & Journeymen Training Trust (Defendant)

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  • 05/04/2018
  • ANSWER TO COMPLAINT AND DEMAND FOR JURY TRIAL

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  • 10/27/2017
  • PROOF OF SERVICE SUMMONS

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  • 10/27/2017
  • PROOF OF SERVICE SUMMONS

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  • 10/27/2017
  • PROOF OF SERVICE SUMMONS

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  • 10/27/2017
  • Proof-Service/Summons; Filed by Plaintiff/Petitioner

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  • 10/27/2017
  • Proof-Service/Summons; Filed by Plaintiff/Petitioner

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  • 02/22/2017
  • Complaint; Filed by Larry D Owens (Plaintiff)

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  • 02/22/2017
  • SUMMONS

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  • 02/22/2017
  • UNLIMITED COMPLAINT FOR DAMAGES: 1. PREMISES LIABILITY ;ETC

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Tentative Rulings

Case Number: BC651323    Hearing Date: January 07, 2020    Dept: 4A

Substitute Plaintiff for Successor in Interest

Having papers, the Court rules as follows.

BACKGROUND

On February 22, 2017, Plaintiff Larry D. Owens (“Plaintiff”) filed a complaint against Defendants Apprentice & Journeymen Training Trust Fund of the Southern California Plumbing & Piping Industry, Apprentice & Journeymen Training Trust Fund, and AJ Training.  The complaint alleges premises liability and negligence for a low hanging support beam that struck Plaintiff’s head on February 26, 2015.

On December 4, 2019, Plaintiff filed a motion to substitute Larry Owens, Jr.

A trial setting conference is scheduled for January 15, 2020.

PARTY’S S

Plaintiff asks to substitute Larry Owens, Jr. for Plaintiff in this matter Plaintiff has

LEGAL STANDARD

Following the death of a party, any legal action by that party may only proceed upon substitution of the decedent’s personal representative or successor in interest in her place.  (Code Civ. Proc. §§ 377.31, 367.)  California Code of Civil Procedure section 377.31 states that, “[o]n motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent’s personal representative or, if none, by the decedent’s successor in interest.”

California Code of Civil Procedure section 377.32, subdivision (a) states:  “The person who seeks . . . to continue a pending action or proceeding as the decedent’s successor in interest under this article, shall execute and file an affidavit or a declaration under penalty of perjury under the laws of this state stating all of the following:

(1) The decedent’s name.

(2) The date and place of decedent’s death.

(3) ‘No proceeding is now pending in California for administration of the decedent’s estate.’

(4) If the decedent’s estate was administered, a copy of the final order showing the distribution of the decedent’s cause of action to the successor in interest.

(5) Either of the following, as appropriate, with facts in support thereof:

(A) ‘The affiant or declarant is the decedent’s successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) and succeeds to the decedent’s interest in the action or proceeding.’

(B) ‘The affiant or declarant is authorized to act on behalf of the decedent’s successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) with respect to the decedent’s interest in the action or proceeding.’

(6) ‘No other person has a superior right to commence the action or proceeding or to be substituted for the decedent in the pending action or proceeding.’

(7) ‘The affiant or declarant affirms or declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.’”

A certified copy of the decedent’s death certificate must declaration. subd, (c).)

DISCUSSION

Larry Owens, Jr.’s declaration comports with all of the requirements of Code of Civil Procedure section 377.32, subdivision (a).  However, Plaintiff’s death certificate is not attached to the declaration.  Thus, the Court must deny the motion, unless Larry Owens, Jr. files and proffers the death certificate at the hearing.

The motion is DENIED.

Plaintiff is ordered to give notice of this ruling.