This case was last updated from Los Angeles County Superior Courts on 08/12/2022 at 02:27:59 (UTC).

LIDIA MATISS VS CESAR MILAN, ET AL.

Case Summary

On 01/05/2021 LIDIA MATISS filed a Personal Injury - Other Personal Injury lawsuit against CESAR MILAN. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is MICHAEL E. WHITAKER. The case status is Other.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0285

  • Filing Date:

    01/05/2021

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MICHAEL E. WHITAKER

 

Party Details

Plaintiff

MATISS LIDIA

Defendants

MILAN CESAR

CESAR'S WAY INC. DBA CESAR'S WORLD

Attorney/Law Firm Details

Plaintiff Attorneys

QURESHI OMAR G.

WOLF MARVIN LOUIS

QURESHI OMAR

Defendant Attorneys

BERMAN EVAN ANDREW

HOFFMAN GARY

HUGHES TRACY L.

 

Court Documents

Amended Complaint - AMENDED COMPLAINT (1ST)

3/12/2021: Amended Complaint - AMENDED COMPLAINT (1ST)

Reply - REPLY REPLY BY DEFENDANTS, CESAR MILLAN AND CESAR'S WAY, INC. DBA CESAR'S TO PLAINTIFFS OPPOSITION TO MOTION TO STRIKE PORTIONS OF PLAINTIFFS FIRST AMENDED COMPLAINT

5/10/2021: Reply - REPLY REPLY BY DEFENDANTS, CESAR MILLAN AND CESAR'S WAY, INC. DBA CESAR'S TO PLAINTIFFS OPPOSITION TO MOTION TO STRIKE PORTIONS OF PLAINTIFFS FIRST AMENDED COMPLAINT

Answer - ANSWER TO FIRST AMENDED COMPLAINT

5/20/2021: Answer - ANSWER TO FIRST AMENDED COMPLAINT

Minute Order - MINUTE ORDER (COURT ORDER RE: NOTICE OF SETTLEMENT)

7/25/2022: Minute Order - MINUTE ORDER (COURT ORDER RE: NOTICE OF SETTLEMENT)

Notice of Settlement

7/25/2022: Notice of Settlement

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: NOTICE OF SETTLEMENT) OF 07/25/2022

7/25/2022: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: NOTICE OF SETTLEMENT) OF 07/25/2022

Request for Dismissal

7/27/2022: Request for Dismissal

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

5/23/2022: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

Notice of Change of Address or Other Contact Information

2/28/2022: Notice of Change of Address or Other Contact Information

Substitution of Attorney

5/2/2022: Substitution of Attorney

Substitution of Attorney

5/2/2022: Substitution of Attorney

Notice of Ruling

5/18/2021: Notice of Ruling

Notice of Posting of Jury Fees

5/20/2021: Notice of Posting of Jury Fees

Demand for Jury Trial

5/20/2021: Demand for Jury Trial

Notice of Posting of Jury Fees - NOTICE OF POSTING OF JURY FEES AND DEMAND FOR JURY TRIAL

5/21/2021: Notice of Posting of Jury Fees - NOTICE OF POSTING OF JURY FEES AND DEMAND FOR JURY TRIAL

Minute Order - MINUTE ORDER (HEARING ON MOTION TO STRIKE (NOT ANTI-SLAPP) - WITHOUT DEMURRER)

5/17/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION TO STRIKE (NOT ANTI-SLAPP) - WITHOUT DEMURRER)

Opposition - OPPOSITION TO DEFENDANTS MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT

5/4/2021: Opposition - OPPOSITION TO DEFENDANTS MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT

Proof of Service by Substituted Service

4/1/2021: Proof of Service by Substituted Service

15 More Documents Available

 

Docket Entries

  • 08/10/2022
  • Docketat 08:30 AM in Department 32; Jury Trial - Not Held - Advanced and Vacated

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  • 07/27/2022
  • Docketat 10:00 AM in Department 32; Final Status Conference - Not Held - Advanced and Vacated

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  • 07/27/2022
  • DocketRequest for Dismissal; Filed by Lidia Matiss (Plaintiff)

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  • 07/25/2022
  • Docketat 2:03 PM in Department 32, Michael E. Whitaker, Presiding; Court Order - Not Held - Taken Off Calendar by Court

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  • 07/25/2022
  • DocketNotice of Settlement; Filed by Lidia Matiss (Plaintiff)

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  • 07/25/2022
  • DocketCertificate of Mailing for ((Court Order re: notice of settlement) of 07/25/2022); Filed by Clerk

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  • 07/25/2022
  • DocketMinute Order ( (Court Order re: notice of settlement)); Filed by Clerk

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  • 07/05/2022
  • Docketat 08:30 AM in Department 32; Non-Jury Trial - Not Held - Continued - Stipulation

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  • 06/21/2022
  • Docketat 10:00 AM in Department 32; Final Status Conference - Not Held - Continued - Stipulation

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  • 05/23/2022
  • Docket[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Lidia Matiss (Plaintiff); Cesar Milan (Defendant); Cesar's Way, Inc. (Defendant)

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13 More Docket Entries
  • 04/01/2021
  • DocketProof of Service by Substituted Service; Filed by Lidia Matiss (Plaintiff)

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  • 04/01/2021
  • DocketProof of Service by Substituted Service; Filed by Lidia Matiss (Plaintiff)

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  • 03/12/2021
  • DocketAmended Complaint ( (1st)); Filed by Lidia Matiss (Plaintiff)

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  • 03/10/2021
  • DocketSubstitution of Attorney; Filed by Lidia Matiss (Plaintiff)

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  • 02/09/2021
  • DocketCertificate of Mailing for ([PI General Order]); Filed by Clerk

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  • 02/09/2021
  • DocketPI General Order; Filed by Clerk

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  • 01/05/2021
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 01/05/2021
  • DocketCivil Case Cover Sheet; Filed by Lidia Matiss (Plaintiff)

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  • 01/05/2021
  • DocketSummons (on Complaint); Filed by Lidia Matiss (Plaintiff)

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  • 01/05/2021
  • DocketComplaint; Filed by Lidia Matiss (Plaintiff)

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Tentative Rulings

Case Number: *******0285    Hearing Date: May 17, 2021    Dept: 32

PLEASE NOTE: Parties who intend to submit on this tentative must send an email to the court at sscdept32@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear in-person or remotely.

TENTATIVE RULING

DEPARTMENT

32

HEARING DATE

May 17, 2021

CASE NUMBER

*******0285

MOTION

Motion to Strike Portions of First Amended Complaint

MOVING PARTIES

Defendants Cesar Millan and Cesar’s Way, Inc.

OPPOSING PARTY

Plaintiff Lidia Matiss

MOTION

Plaintiff Lidia Matiss (“Plaintiff”) sued Defendants Cesar Millan and Cesar’s Way, Inc. (“Defendant”) based on a dog attack. Plaintiff contends Defendants owned a dog that attacked Plaintiff. Defendants move to strike the prayer for punitive damages in the first amended complaint. Plaintiff opposes the motion.

ANALYSIS

Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., ; 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322(b).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc., ; 436, subds. (a)-(b); Stafford v. Shultz (1954) 42 Cal.2d 767, 782.)

In ruling on a motion to strike punitive damages, “judges read allegations of a pleading subject to a motion to strike as a whole, all parts in their context, and assume their truth.” (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) To state a prima facie claim for punitive damages, a plaintiff must allege the elements set forth in the punitive damages statute, Civil Code section 3294. (College Hosp., Inc. v. Superior Court (1994) 8 Cal.4th 704, 721.) Per Civil Code section 3294, a plaintiff must allege that the defendant has been guilty of oppression, fraud or malice. (Civ. Code, ; 3294, subd. (a).) “Malice is defined in the statute as conduct intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.” (College Hosp., supra, 8 Cal.4th at p. 725.) “The mere allegation an intentional tort was committed is not sufficient to warrant an award of punitive damages. Not only must there be circumstances of oppression, fraud or malice, but facts must be alleged in the pleading to support such a claim.” (Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 166, internal citations & footnotes omitted.)

In the complaint, Plaintiff alleges:

(See First Amended Complaint, ¶¶ 10-14.) Moreover, Plaintiff alleges that Defendants knew their dog was dangerous, and nonetheless left their dog unsupervised around Plaintiff. (See First Amended Complaint, ¶ 18.) For pleading purposes, Plaintiff’s allegations are sufficient to show that Defendants acted with a willful and conscious disregard of Plaintiff’s rights and safety.

CONCLUSION AND ORDER

Accordingly, the Court denies Defendants’ motion to strike Plaintiff’s claims and prayer for punitive damages, and orders Defendants are to answer the first amended complaint within 10 days of the hearing.

Defendants are ordered to provide notice of this order and file a proof of service of such.



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