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This case was last updated from Los Angeles County Superior Courts on 06/15/2019 at 11:14:50 (UTC).

LIDVIA P MINERO VS COBALT CONSTRUCTION COMPANY ET AL

Case Summary

On 09/20/2017 LIDVIA P MINERO filed a Personal Injury - Other Personal Injury lawsuit against COBALT CONSTRUCTION COMPANY. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are MARC D. GROSS and ELIZABETH ALLEN WHITE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6494

  • Filing Date:

    09/20/2017

  • 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

MARC D. GROSS

ELIZABETH ALLEN WHITE

 

Party Details

Plaintiff and Petitioner

MINERO LIDVIA P.

Claimant

CALIFORNIA CONTRACTORS NETWORK

Defendants and Respondents

COURAGE SAFETY SYSTEMS LLC

COBALT CONSTRUCTION COMPANY

ESSEY CONSTRUCTION COMPANY INCORPORATION

RAMIREZ JR. ROBERTO C.

DOES 11 TO 50

MINEROS OSWALDO E.

STEEL CITY SCAFFOLD INCORPORATION

DOES 1 TO 10

RAMIREZ ASSOCIATES

6TH VIRGIL LLC (DOE 1)

DOES 2 TO 10

6TH VIRGIL LLC

STEEL CITY SCAFFOLD INC.

ESSEY CONSTRUCTION COMPANY INC.

RAMIREZ ROBERTO C. JR.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

DAVIS JOSEPH DANIEL

MEENAN KEVIN

Claimant Attorney

SOLEIMANPOUR MATTHEW

Defendant and Respondent Attorneys

FOX DANA ALDEN ESQ.

KASS DENNIS B. ESQ.

FOX DANA ALDEN

KASS DENNIS BRUCE

Other Attorneys

TYRONE MATTHEWS

 

Court Documents

NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING COBALT CONSTRUCTION COMPANY TO ATTEND AND TESTIFY AT DEPOSITION AND TO PRODUCE DOCUMENTS AND THINGS; REQUEST FOR A MONETARY SANCTION; DECLARATION OF KE

7/11/2018: NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING COBALT CONSTRUCTION COMPANY TO ATTEND AND TESTIFY AT DEPOSITION AND TO PRODUCE DOCUMENTS AND THINGS; REQUEST FOR A MONETARY SANCTION; DECLARATION OF KE

PROOF OF SERVICE SUMMONS

7/19/2018: PROOF OF SERVICE SUMMONS

Unknown

7/19/2018: Unknown

DEFENDANT 6TH & VIRGIL LLC'S ANSWER TO PLAINTIFF'S COMPLAINT

7/23/2018: DEFENDANT 6TH & VIRGIL LLC'S ANSWER TO PLAINTIFF'S COMPLAINT

Proof of Mailing (Substituted Service)

9/13/2018: Proof of Mailing (Substituted Service)

Unknown

10/31/2018: Unknown

Opposition

12/13/2018: Opposition

Opposition

1/3/2019: Opposition

Opposition

1/3/2019: Opposition

Case Management Statement

1/10/2019: Case Management Statement

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

1/16/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Proof of Service by Substituted Service

1/23/2019: Proof of Service by Substituted Service

Motion re:

1/28/2019: Motion re:

Notice

2/5/2019: Notice

Reply

2/19/2019: Reply

Request for Judicial Notice

3/19/2019: Request for Judicial Notice

Request for Judicial Notice

6/10/2019: Request for Judicial Notice

NOTICE OF CHANGE OF HANDLING ATTORNEY

6/12/2018: NOTICE OF CHANGE OF HANDLING ATTORNEY

103 More Documents Available

 

Docket Entries

  • 06/12/2019
  • Motion to Compel (a Further Response to Special and Form Interrogatories and Request for Monetary Sanction); Filed by Cobalt Construction Company (Defendant); Essey Construction Company, Inc. (Defendant); Steel City Scaffold, Inc. (Defendant) et al.

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  • 06/12/2019
  • Separate Statement; Filed by Cobalt Construction Company (Defendant); Essey Construction Company, Inc. (Defendant); Steel City Scaffold, Inc. (Defendant) et al.

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  • 06/10/2019
  • Separate Statement; Filed by Cobalt Construction Company (Defendant); Essey Construction Company, Inc. (Defendant); Steel City Scaffold, Inc. (Defendant) et al.

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  • 06/10/2019
  • Motion to Compel (A Further Response to Request For Production of Documents, And for a Monetary Sanction Against Plaintiff and Her Attorney of Record; Memorandum of Points and Authorities; Declaration of Jeffrey J. Christovich); Filed by Cobalt Construction Company (Defendant); Essey Construction Company, Inc. (Defendant); Steel City Scaffold, Inc. (Defendant) et al.

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  • 06/10/2019
  • Separate Statement; Filed by Cobalt Construction Company (Defendant); Essey Construction Company, Inc. (Defendant); Steel City Scaffold, Inc. (Defendant) et al.

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  • 06/10/2019
  • Motion to Compel (a further response to request for production of documents); Filed by Cobalt Construction Company (Defendant); Essey Construction Company, Inc. (Defendant); Steel City Scaffold, Inc. (Defendant) et al.

    Read MoreRead Less
  • 06/10/2019
  • Motion to Compel (FURTHER RESPONSES TO INTERROGATORIES); Filed by Cobalt Construction Company (Defendant); Essey Construction Company, Inc. (Defendant); Steel City Scaffold, Inc. (Defendant) et al.

    Read MoreRead Less
  • 06/10/2019
  • Separate Statement; Filed by Cobalt Construction Company (Defendant); Essey Construction Company, Inc. (Defendant); Steel City Scaffold, Inc. (Defendant) et al.

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  • 05/21/2019
  • Notice (of Disassociation); Filed by Joseph Daniel Davis (Attorney); Lidvia P. Minero (Plaintiff)

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  • 05/20/2019
  • at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing on Motion for Summary Judgment - Not Held - Rescheduled by Party

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179 More Docket Entries
  • 01/12/2018
  • Answer; Filed by Cobalt Construction Company (Defendant); Essey Construction Company, Inc. (Defendant); Steel City Scaffold, Inc. (Defendant)

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  • 11/01/2017
  • DEMAND FOR TRIAL BY JURY

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  • 11/01/2017
  • Receipt; Filed by Lidvia P. Minero (Plaintiff)

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  • 11/01/2017
  • Demand for Jury Trial; Filed by Lidvia P. Minero (Plaintiff)

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  • 10/31/2017
  • CIVIL DEPOSIT

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  • 10/10/2017
  • Notice of Lien; Filed by California Contractors Network (Claimant)

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  • 10/10/2017
  • CALIFORNIA CONTRACTORS NETWORK'S NOTICE OF LIEN

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  • 09/20/2017
  • SUMMONS

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  • 09/20/2017
  • COMPLAINT FOR DAMAGES FOR PERSONAL INJURY WRONGFUL DEATH 1. GENERAL NEGLIGENCE ;ETC

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  • 09/20/2017
  • Complaint; Filed by Lidvia P. Minero (Plaintiff)

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Tentative Rulings

Case Number: BC676494    Hearing Date: September 02, 2020    Dept: 48

[TENTATIVE] ORDER RE: REQUEST FOR AN ORDER APPORTIONING WRONGFUL DEATH SETTLEMENT

On September 20, 2017, Plaintiff Lidvia P. Minero (“Plaintiff”) filed this action arising from the wrongful death of her son, Oswaldo Ernesto Mineros Jr. (“Oswaldo Jr.”). Plaintiff named Oswaldo E. Mineros (“Oswaldo Sr.”), Oswaldo Jr.’s father, as a nominal defendant. On March 4, 2019, the Court entered default against Oswaldo Sr.

In July 2020, Plaintiff and remaining defendants Cobalt Construction Company, Essey Construction Company, Inc., and Steel City Scaffold, Inc. (collectively, “Defendants”) reached a settlement. On August 4, 2020, Plaintiff filed an ex parte application for order apportioning wrongful death settlement. Plaintiff seeks an order apportioning 100 percent of the proceeds of the settlement to Plaintiff, excluding all others and specifically excluding Oswaldo Sr.

On August 6, 2020, the Court denied the ex parte application, finding no exigent circumstances or good cause to decide the matter on an ex parte basis. The Court ordered Plaintiff to file evidence of the status of California Contractors Network’s lien and to give notice. California Contractors Network filed a notice of release of lien on August 6, 2020, releasing Plaintiff from any and all liens as they relate to workers’ compensation benefits due and payable as a result of the accident upon which this action is based.

When the decedent had no surviving issue, whoever would be entitled to the property of the decedent by intestate succession may bring an action for wrongful death. (Code Civ. Proc., § 377.60.) The court shall determine the respective rights in a wrongful death award of all persons entitled to assert the cause of action. (Code Civ. Proc., § 377.61.) Damages for wrongful death are measured by the financial benefits the heirs received at the time of the decedent’s death, the benefits reasonably expected in the future, and the monetary equivalent of the loss of comfort, society, and protection. (Corder v. Corder (2007) 41 Cal.4th 644, 661.)

Plaintiff declares that she is the mother of Oswaldo Jr., and Oswaldo Sr. is Oswaldo Jr.’s father. (Minero Decl. ¶¶ 4, 11.) Oswaldo Jr. never married, did not have a domestic partner, and did not have children. (Id. at ¶ 10.) Therefore, Plaintiff and Oswaldo Sr. would be entitled to Oswaldo Jr.’s property through intestate succession. (Prob. Code, § 6402, subds. (a)-(b).) Plaintiff named Oswaldo Sr. as a nominal defendant (see Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808), and he defaulted on March 4, 2019.

Plaintiff declares that Oswaldo Sr. left her and Oswaldo Jr. in September 1995, when Oswaldo Jr. was three months old, and never had anything to do with them since then. (Minero Decl. ¶ 14.) Oswaldo Sr. “completely abandoned” Plaintiff and Oswaldo Jr., and as far as Plaintiff is aware, he never saw or spoke to Oswaldo Jr. again after he left in 1995. (Id. at ¶ 17.) Plaintiff raised Oswaldo Jr. alone, with the help of her immediate family, and Oswaldo Sr. never came to any of Oswaldo Jr.’s birthday parties, school events, religious ceremonies, graduations, or his funeral. (Id. at ¶¶ 15-16, 18.) Over a year ago, Oswaldo Sr. owed over forty thousand dollars in child support payment. (Id. at ¶. 19.)

Plaintiff and Oswaldo Jr. lived with Plaintiff’s mother and stepfather, sharing the rent and household expenses. (Id. at ¶¶ 21-22.) Plaintiff and Oswaldo Jr. were never apart for an extended period of time, except for a four-week trip Oswaldo Jr. took to visit extended family and a shorter visit with relatives. (Id. at ¶ 23.) Plaintiff and Oswaldo Jr. shared household chores, and he helped Plaintiff commute to work when they shared a vehicle. (Id. at ¶¶ 27-28.) Plaintiff looked forward to their future and anticipated helping him raise his children. (Id. at ¶ 31.) Plaintiff’s whole life revolved around Oswaldo Jr., and she visits his grave several times a week and often decorates it with flowers. (Id. at ¶ 30, 33-34.)

Accordingly, the Court determines that Plaintiff is entitled to 100 percent of the proceeds in this wrongful death action, and Oswaldo Sr. is entitled to none of the proceeds.

The request for an order apportioning wrongful death settlement is GRANTED. Plaintiff Lidvia P. Minero is apportioned 100 percent of the proceeds from the settlement with defendants Cobalt Construction Company, Essey Construction Company, Inc., and Steel City Scaffold, Inc., and all others including Oswaldo E. Mineros are excluded.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit. Parties intending to appear are STRONGLY encouraged to appear remotely.

Case Number: BC676494    Hearing Date: December 18, 2019    Dept: 48

MOTION FOR SUMMARY JUDGMENT

MOVING PARTY: Defendant 6th Virgil LLC

RESPONDING PARTY(S): Plaintiff Lidvia P. Minero (dismissal of Defendant)

PROOF OF SERVICE:

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