This case was last updated from Los Angeles County Superior Courts on 06/19/2019 at 00:50:35 (UTC).

LEONEL CARRASCO TORRES ET AL VS HARRY J OLEN ET AL

Case Summary

On 08/02/2017 LEONEL CARRASCO TORRES filed a Personal Injury - Other Personal Injury lawsuit against HARRY J OLEN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN I. GOORVITCH. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0915

  • Filing Date:

    08/02/2017

  • 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

STEPHEN I. GOORVITCH

 

Party Details

Plaintiffs and Petitioners

TORRES LEONEL CARRASCO

SANCHEZ MARIA DEL CARMEN REYES

Defendants and Respondents

AMPCO CONTRACTING INC

FEDEX GROUND

OLEN HARRY J.

OLEN LORRAINE

DOES 1 TO 100

ALSTON CONSTRUCTION

GROUND FEDEX

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

ZIMMERMAN WILLIAM M. ESQ.

GREENBERG DAVID H. ESQ.

Defendant and Respondent Attorneys

MONIQUE R. DONAVAN

FRIEDENTHAL DANIEL R. ESQ.

O'HARA MAUREEN C.

HUA RAYMOND H.

MARCOTT JACQUELENE ANNA

 

Court Documents

SUBSTITUTION OF ATTORNEY

1/26/2018: SUBSTITUTION OF ATTORNEY

FED-EX GROUND PACKAGE SYSTEM, INC.'S (ERRONEOUSLY SERVED AND SUED AS FEDEX GROUND) ANSWER TO THE COMPLAINT OF PLAINTIFFS LEONEL CARRASCO TORRES AND MARIA DEL CARMEN REYES SANCHEZ

12/6/2017: FED-EX GROUND PACKAGE SYSTEM, INC.'S (ERRONEOUSLY SERVED AND SUED AS FEDEX GROUND) ANSWER TO THE COMPLAINT OF PLAINTIFFS LEONEL CARRASCO TORRES AND MARIA DEL CARMEN REYES SANCHEZ

PROOF OF SERVICE ON DEFENDANT HARRY J. OLEN

10/12/2017: PROOF OF SERVICE ON DEFENDANT HARRY J. OLEN

PROOF OF SERVICE ON DEFENDANT LORRAINE OLEN

10/12/2017: PROOF OF SERVICE ON DEFENDANT LORRAINE OLEN

AMPCO CONTRACTING,1NC.'S ANSWER TO THE COMPLAINT OF PLAINTIFFS LEONEL CARRASCO TORRES AND MARIA DEL CARMEN REYES SANCHEZ

9/7/2017: AMPCO CONTRACTING,1NC.'S ANSWER TO THE COMPLAINT OF PLAINTIFFS LEONEL CARRASCO TORRES AND MARIA DEL CARMEN REYES SANCHEZ

PROOF OF SERVICE ON DEFENDANT AMPCO CONTRACTING, INC.

8/28/2017: PROOF OF SERVICE ON DEFENDANT AMPCO CONTRACTING, INC.

PROOF OF SERVICE ON DEFENDANT FEDEX GROUND

8/28/2017: PROOF OF SERVICE ON DEFENDANT FEDEX GROUND

SUMMONS

8/2/2017: SUMMONS

COMPLAINT FOR DAMAGES 1. (NEGLIGENCE); ETC

8/2/2017: COMPLAINT FOR DAMAGES 1. (NEGLIGENCE); ETC

 

Docket Entries

  • 06/18/2019
  • Notice of Ruling; Filed by AMPCO CONTRACTING INC (Defendant)

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  • 06/17/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Ex Parte Application (for an Order Further Continuing the Hearing Date on AMPCO's Motion for Summary Judgment as to Plaintiffs' Complaint) - Held - Motion Granted

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  • 06/17/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Ex Parte Application (for an Order Continuing the Hearing Date on Alston Construction Company, Inc.'s Motion for Summary Judgment as to Plaintiff's Complaint) - Held - Motion Granted

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  • 06/17/2019
  • Minute Order ( (Hearing on Ex Parte Application for an Order Further Continui...)); Filed by Clerk

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  • 06/17/2019
  • Ex Parte Application (for an Order Continuing the Hearing Date on Alston Construction Company, Inc.'s Motion for Summary Judgment as to Plaintiff's Complaint); Filed by ALSTON CONSTRUCTION (Defendant)

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  • 06/17/2019
  • Ex Parte Application (for an Order Further Continuing the Hearing Date on AMPCO's Motion for Summary Judgment as to Plaintiffs' Complaint); Filed by AMPCO CONTRACTING INC (Defendant)

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  • 06/14/2019
  • Reply (Reply by Defendant Alston Construction Company, Inc. In Support of Motion for Summary Judgment As To Plaintiffs' Complaint); Filed by ALSTON CONSTRUCTION (Defendant)

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  • 06/14/2019
  • Declaration (Reply Declaration of Maureen C. O'Hara In Support of Defendant Alston Construction Company, Inc.'s Motion for Summary Judgment As To Plaintiffs' Complaint); Filed by ALSTON CONSTRUCTION (Defendant)

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  • 06/14/2019
  • Separate Statement; Filed by ALSTON CONSTRUCTION (Defendant)

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  • 06/14/2019
  • Objection (Defendant Alston Construction Company, Inc.'s Objections to Declaration of Kurt Kuhn); Filed by ALSTON CONSTRUCTION (Defendant)

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114 More Docket Entries
  • 10/12/2017
  • Proof of Service (not Summons and Complaint); Filed by LEONEL CARRASCO TORRES (Plaintiff)

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  • 09/07/2017
  • AMPCO CONTRACTING,1NC.'S ANSWER TO THE COMPLAINT OF PLAINTIFFS LEONEL CARRASCO TORRES AND MARIA DEL CARMEN REYES SANCHEZ

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  • 09/07/2017
  • Answer; Filed by AMPCO CONTRACTING INC (Defendant)

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  • 08/28/2017
  • Proof of Service (not Summons and Complaint)

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  • 08/28/2017
  • PROOF OF SERVICE ON DEFENDANT FEDEX GROUND

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  • 08/28/2017
  • PROOF OF SERVICE ON DEFENDANT AMPCO CONTRACTING, INC.

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  • 08/28/2017
  • Proof of Service (not Summons and Complaint); Filed by LEONEL CARRASCO TORRES (Plaintiff)

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  • 08/02/2017
  • Complaint; Filed by LEONEL CARRASCO TORRES (Plaintiff); MARIA DEL CARMEN REYES SANCHEZ (Plaintiff)

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  • 08/02/2017
  • COMPLAINT FOR DAMAGES 1. (NEGLIGENCE); ETC

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  • 08/02/2017
  • SUMMONS

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Tentative Rulings

Case Number: BC670915    Hearing Date: May 11, 2020    Dept: SEM

TORRES v. OLEN, et al.

CASE NO.: BC670915

JUDGE: MARGARET BERNAL

HEARING: 5/11/20

ORDER

Plaintiffs Torres and Sanchez’s motion for new trial is GRANTED.

Moving Parties to give NOTICE.

Plaintiffs Torres and Sanchez move for a new trial pursuant to CCP 657. 

NEW TRIAL: “A new trial is a re–examination of an issue of fact in the same court after a trial and decision by a jury, court or referee.” (CCP 656.) CCP 657 provides, “The verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party:

1. Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial.

2. Misconduct of the jury; and whenever any one or more of the jurors have been induced to assent to any general or special verdict, or to a finding on any question submitted to them by the court, by a resort to the determination of chance, such misconduct may be proved by the affidavit of any one of the jurors.

3. Accident or surprise, which ordinary prudence could not have guarded against.

4. Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial.

5. Excessive or inadequate damages.

6. Insufficiency of the evidence to justify the verdict or other decision, or the verdict or other decision is against law.

7. Error in law, occurring at the trial and excepted to by the party making the application.

The granting of a motion for a new trial rests so completely within the discretion of the trial judge that an appellate court will not interfere with his action unless a manifest and unmistakable abuse of discretion clearly appears. (Wiley v. Southern Pacific Transportation Co. (1990) 220 Cal.App.3d 177, 188.) 

The court finds that a new trial is warranted because it was error to sustain Defendant’s Objection No. 1 to the declaration of Brad Avrit in its entirety. Therefore, in the interest of justice, the motion is GRANTED.

The court sets a status conference on July 7, at 9:30am in Dept C for the parties to determine if they want to reset the MSJ for hearing. No further briefing would be necessary. Counsel are urged to appear electronically for this hearing.

Case Number: BC670915    Hearing Date: January 14, 2020    Dept: SEC

TORRES, et al. v. OLEN, et al.

CASE NO.:  BC670915

HEARING 1/14/20

JUDGE: OLIVIA ROSALES

#6

TENTATIVE ORDER

Plaintiffs Torres, et al.’s motion for leave to amend the complaint to add punitive damages claim is MOOT.

Moving Parties to give NOTICE.

This action is brought by Plaintiffs Leonel Carrasco Torres and Maria Del Carmen Reyes Sanchez against Defendants Harry J. Olen, Lorraine Olen, Alston Construction, Ampco Contracting, Inc., and Fedex Ground for premises liability.

On 12/26/19, this court granted summary judgment in favor of Defendant Alston Construction Company, Inc.

Defendants Harry and Lorraine Olen were dismissed on 8/23/19; Defendant Ampco Contracting, Inc. was dismissed on 11/4/19; and Defendant Fedex has indicated to this court that it has been dismissed. (The court is awaiting the dismissal.)

Subject to Fedex’s dismissal, it does not appear that there are any remaining claims against any Defendant in this matter. The motion for leave to amend is MOOT and is taken off-calendar.

Case Number: BC670915    Hearing Date: December 17, 2019    Dept: SEC

TORRES, et al. v. OLEN, et al.

CASE NO.:  BC670915

JUDGE: OLIVIA ROSALES

HEARING 12/17/19

#10

TENTATIVE ORDER

Plaintiffs Torres, et al.’s motion for leave to amend the complaint to add punitive damages claim is CONTINUED to Tuesday, 1/14/20.

Moving Party to give NOTICE.

Case Number: BC670915    Hearing Date: December 03, 2019    Dept: SEC

TORRES, et al. v. OLEN, et al.

CASE NO.:  BC670915

HEARING 12/3/19

#8

TENTATIVE ORDER

Plaintiffs Torres, et al.’s motion for leave to amend the complaint to add punitive damages claim is CONTINUED to Tuesday, 12/17/19.

Moving Party to give NOTICE.

Case Number: BC670915    Hearing Date: November 19, 2019    Dept: SEC

TORRES, et al. v. OLEN, et al.

CASE NO.:  BC670915

HEARING 11/19/19

JUDGE: MARGARET M. BERNAL

#6

TENTATIVE ORDER

Plaintiffs Torres, et al.’s motion for leave to amend the complaint to add punitive damages claim is CONTINUED to Tuesday, 12/3/19.

Moving Party to give NOTICE.