This case was last updated from Los Angeles County Superior Courts on 11/28/2019 at 00:45:09 (UTC).

LISA MARIE PERKINS VS CARUSO MANAGEMENT COMPANY LTD ET AL

Case Summary

On 06/12/2018 a Personal Injury - Other Personal Injury case was filed by LISA MARIE PERKINS against CARUSO MANAGEMENT COMPANY LTD in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9542

  • Filing Date:

    06/12/2018

  • 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

JON R. TAKASUGI

 

Party Details

Plaintiff and Petitioner

PERKINS LISA MARIE

Defendants, Respondents and Cross Plaintiffs

MARINA WATERSIDE

DOES 1-20

CARUSO MANAGEMENT COMPANY LTD

WATERSIDE MARINA

MARK FIVE SERVICES INC. DOE 1

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

LAW OFFICES OF MAURO FIORE JR.

Defendant Attorneys

MENDES PATRICK JOSEPH

WAYNE ERIC JEFFREY

 

Court Documents

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT)

11/19/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT)

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT)

11/12/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT)

Reply - REPLY REPLY TO OPPOSITION OF DEFENDANT MARK FIVE SERVICES INC. TO CARUSO MANAGEMENT COMPANYS MOTION FOR SUMMARY JUDGMENT

11/7/2019: Reply - REPLY REPLY TO OPPOSITION OF DEFENDANT MARK FIVE SERVICES INC. TO CARUSO MANAGEMENT COMPANYS MOTION FOR SUMMARY JUDGMENT

Separate Statement

10/29/2019: Separate Statement

Declaration - DECLARATION OF BOB STEPHENS IN SUPPORT OF MARK FIVE OPPOSITION

10/29/2019: Declaration - DECLARATION OF BOB STEPHENS IN SUPPORT OF MARK FIVE OPPOSITION

Declaration - DECLARATION OF JEFFREY R LEIGHT IN SUPPORT OF MARK FIVE OPPOSITION

10/29/2019: Declaration - DECLARATION OF JEFFREY R LEIGHT IN SUPPORT OF MARK FIVE OPPOSITION

Notice of Change of Address or Other Contact Information

9/26/2019: Notice of Change of Address or Other Contact Information

Substitution of Attorney

10/7/2019: Substitution of Attorney

Stipulation and Order - STIPULATION AND ORDER TO CONTINUE TRIAL

10/17/2019: Stipulation and Order - STIPULATION AND ORDER TO CONTINUE TRIAL

Notice of Lodging - NOTICE OF LODGING NOTICE OF LODGING EXHIBITS IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION OF ISSUES

8/22/2019: Notice of Lodging - NOTICE OF LODGING NOTICE OF LODGING EXHIBITS IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION OF ISSUES

Separate Statement

8/22/2019: Separate Statement

Notice of Change of Address or Other Contact Information

6/18/2019: Notice of Change of Address or Other Contact Information

ANSWER TO COMPLAINT

9/5/2018: ANSWER TO COMPLAINT

Proof of Service of Summons and Complaint -

9/7/2018: Proof of Service of Summons and Complaint -

Amendment to Complaint (Fictitious/Incorrect Name) - Doe 1

9/12/2018: Amendment to Complaint (Fictitious/Incorrect Name) - Doe 1

PLAINTIFF'S NOTICE OF POSTING JURY FEES

9/18/2018: PLAINTIFF'S NOTICE OF POSTING JURY FEES

PROOF OF SERVICE SUMMONS

9/27/2018: PROOF OF SERVICE SUMMONS

Other - - Proof of Service of Summons

10/11/2018: Other - - Proof of Service of Summons

22 More Documents Available

 

Docket Entries

  • 06/14/2021
  • Hearing06/14/2021 at 08:30 AM in Department 3 at 312 North Spring Street, Los Angeles, CA 90012; : OSC RE Dismissal

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  • 04/13/2020
  • Hearing04/13/2020 at 08:30 AM in Department 3 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 03/03/2020
  • Hearing03/03/2020 at 10:00 AM in Department 3 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 11/26/2019
  • Docketat 10:00 AM in Department 3, Jon R. Takasugi, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 11/22/2019
  • DocketNotice (Notice of Ruling Re: Motion for Summary Adjudication of Issues); Filed by Caruso Management Company, LTD (Defendant)

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  • 11/19/2019
  • Docketat 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion for Summary Judgment - Held - Motion Denied

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  • 11/19/2019
  • DocketMinute Order ( (Hearing on Motion for Summary Judgment)); Filed by Clerk

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  • 11/12/2019
  • Docketat 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion for Summary Judgment - Not Held - Continued - Court's Motion

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  • 11/12/2019
  • DocketMinute Order ( (Hearing on Motion for Summary Judgment)); Filed by Clerk

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  • 11/07/2019
  • DocketDeclaration (Declaration of Peter P. Salomone in Support of Reply to Opposition of Defendant Mark Five Services Inc. to Caruso Management Companys Motion for Summary Adjudication); Filed by Caruso Management Company, LTD (Defendant)

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28 More Docket Entries
  • 09/07/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Lisa Marie Perkins (Plaintiff)

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  • 09/05/2018
  • DocketCROSS-COMPLAINT

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  • 09/05/2018
  • DocketSummons on Cross Complaint

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  • 09/05/2018
  • DocketANSWER TO COMPLAINT

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  • 09/05/2018
  • DocketAnswer; Filed by Caruso Management Company, LTD (Defendant)

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  • 09/05/2018
  • DocketCross-Complaint; Filed by Caruso Management Company, LTD (Defendant)

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  • 09/05/2018
  • DocketSummons; Filed by Caruso Management Company, LTD (Defendant)

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  • 06/12/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 06/12/2018
  • DocketComplaint; Filed by Lisa Marie Perkins (Plaintiff)

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  • 06/12/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC709542    Hearing Date: November 19, 2019    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

LISA MARIE PERKINS,

Plaintiff(s),

vs.

CARUSO MANAGEMENT COMPANY, LLC, ET AL.,

Defendant(s).

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CASE NO: BC709542

[TENTATIVE] ORDER DENYING MOTION FOR SUMMARY JUDGMENT

Dept. 3

1:30 p.m.

November 19, 2019

1. Allegations of the Complaint

Plaintiff, Lisa Marie Perkins filed this action against Defendants, Caruso Management Company, Ltd. And Marina Waterside for premises liability and general negligence. Plaintiff alleges she was struck by an unsecured bird deflector on Defendants’ roof. She alleges Defendants are liable for her injuries because they negligently owned, entrusted, managed, and maintained their premises. The complaint also alleges the deflector at issue was in a state of disrepair. On 9/12/18, Plaintiff added Mark Five Services, Inc. as a doe defendant in the action.

2. Allegations of the Cross-Complaint

Caruso filed a cross-complaint against Mark Five Services, Inc. Caruso alleges, at ¶8 of its cross-complaint, that Mark Five installed the bird deflector and improperly attached it, thereby causing the dangerous condition described in the cross-complaint. At ¶13, Caruso alleges Mark Five negligently installed, attached and maintained the bird deflector. Caruso seeks to impose a duty to defend and indemnify on Mark Five by way of the cross-complaint.

3. Important Dates

Caruso’s cross-complaint is based on a contract that was in place between Caruso and Mark Five from 1/13/12 to 3/31/16. While they disagree about the specifics, Caruso and Mark Five agree that Mark Five’s engineer, Santiago Vasquez, installed the bird deflectors in 2013. Fact 15. The parties also agree that Plaintiff’s incident occurred on 2/14/17. Fact 6.

4. Analysis

One of Mark Five’s arguments in opposition to the motion is that the contract at issue between Caruso and Mark Five expired on 3/31/16, prior to the time Plaintiff was injured. Mark Five notes that the parties entered into a new agreement in 2016, which was in place at the time Plaintiff was injured. That agreement, however, does not form the basis of the cross-complaint or the motion for summary judgment. Mark Five argues the motion must be denied for failing to meet the moving burden to show that the contract attached to the cross-complaint and motion governs the parties’ responsibilities.

Neither party briefs this issue at length. As noted above, the cross-complaint is premised on both a failure to properly install the bird deflector in 2013 and also a failure to properly maintain the bird deflector. Maintenance of the bird deflector leading to injuries in February of 2017 would certainly have occurred after the expiration of the parties’ first contract, on 3/31/16. As also noted above, Plaintiff’s complaint expressly alleges the bird deflector was in a state of disrepair, thus implicating the duty to maintain the deflector.

The Court finds Caruso failed to meet its moving burden to show that the 2012, as opposed to 2016, contract governs the dispute. Caruso fails to show that the case is based entirely on negligent installation, which would be governed by the 2012 contract, as opposed to negligent maintenance, which would be governed by the 2016 contract.

Caruso, in reply, argues it is entitled to defense and indemnity under the parties’ 2016 contract also. The 2016 contract, as noted above, does not form the basis of the cross-complaint, is not mentioned in the cross-complaint, is not attached to the cross-complaint, and is not cited in the moving papers. Caruso cannot make arguments concerning the 2016 contract in its reply papers under the circumstances.

Because Caruso failed to show that the complaint implicates negligence under the 2012, as opposed to 2016, contract, which is the only contract sued upon or referenced in the summary judgment motion, the motion is denied.

Caruso is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept3@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.

Case Number: BC709542    Hearing Date: November 12, 2019    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

LISA MARIE PERKINS,

Plaintiff(s),

vs.

CARUSO MANAGEMENT COMPANY, LLC, ET AL.,

Defendant(s).

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CASE NO: BC709542

[TENTATIVE] ORDER CONTINUING HEARING ON MOTION FOR SUMMARY JUDGMENT

Dept. 3

1:30 p.m.

November 12, 2019

Defendant and Cross-Complainant, Caruso Management Company, LLC filed this motion for summary adjudication on 8/22/19, setting it for hearing on 11/12/19. On 10/29/19, Cross-Defendant, Mark Five Services, Inc. timely filed opposition to the motion.

Any reply to the opposition is due on or before 11/07/19. Because 11/11/19 is a court holiday, the Court is concerned it will not have time to review the reply papers meaningfully prior to the hearing. The hearing is therefore continued for one week, to 11/19/19 at 1:30 p.m. in Department 3 of the Spring Street Courthouse. The time for filing a reply is not extended as a result of this continuance, and no additional briefing is permitted by either party as a result of this continuance.

Additionally, the Court’s First Amended General Order Re: Mandatory Electronic Filing for Civil, dated 5/03/19, ¶9(b)(vi, requires parties to lodge tabbed courtesy copies of all papers in support of or opposition to a summary judgment motion. The Court asks both parties to provide courtesy copies of the moving, opposition, and reply papers directly to the department at least one week prior to the hearing.

Moving Party is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept3@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.