This case was last updated from Los Angeles County Superior Courts on 07/15/2022 at 21:20:34 (UTC).

M.B A MINOR,BY AND THROUGH HER GUARDIAN AD LITEM, PATRICK J. BURNS, JR.,, ET AL. VS BEVERLY HILLS UNIFIED SCHOOL DISTRICT, ET AL.

Case Summary

On 06/11/2021 M B A MINOR,BY AND THROUGH HER GUARDIAN AD LITEM, PATRICK J BURNS, JR filed a Personal Injury - Other Personal Injury lawsuit against BEVERLY HILLS UNIFIED SCHOOL DISTRICT. This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. The Judges overseeing this case are WILLIAM A. CROWFOOT and MARK A. YOUNG. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1888

  • Filing Date:

    06/11/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

WILLIAM A. CROWFOOT

MARK A. YOUNG

 

Party Details

Plaintiff

BURNS PATRICK J. JR.

Defendants and Cross Plaintiffs

BEVERLY HILLS UNIFIED SCHOOL DISTRICT

JOSHUA STERN VICE PRINCIPAL BEVERLY VISTA MIDDLE SCHOOL

KRISTEN DELFOSSE 7TH GRADE COUNSELOR BEVERLY VISTA MIDDLE SCHOOL

LAURA CHISM DIRECTOR OF SPECIAL EDUCATION BEVERLY HILLS UNIFIED SCHOOL DISTRICT

MICHAEL BREGY SUPERINTENDENT BEVERLY HILLS UNIFIED SCHOOL DISTRICT

Cross Defendants

CACERES DE FLORES ELISA

FLORES JENNIFER

FLORES JOSE

Attorney/Law Firm Details

Plaintiff Attorney

TYTELL ANDREA M.

Defendant and Cross Plaintiff Attorney

QUILLER DOMINIC A

 

Court Documents

Complaint

6/11/2021: Complaint

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO SEAL/REDACT HER FULL NAME ...)

7/6/2022: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO SEAL/REDACT HER FULL NAME ...)

Minute Order - MINUTE ORDER (NUNC PRO TUNC ORDER)

7/6/2022: Minute Order - MINUTE ORDER (NUNC PRO TUNC ORDER)

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO SEAL/REDACT HER FULL NAME ...)

7/6/2022: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO SEAL/REDACT HER FULL NAME ...)

Notice of Ruling

7/11/2022: Notice of Ruling

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

6/29/2022: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

Request for Dismissal

6/23/2022: Request for Dismissal

Proof of Personal Service

5/24/2022: Proof of Personal Service

Summons - SUMMONS ON COMPLAINT

3/25/2022: Summons - SUMMONS ON COMPLAINT

Cross-Complaint

3/25/2022: Cross-Complaint

Notice Re: Continuance of Hearing and Order

4/28/2022: Notice Re: Continuance of Hearing and Order

Proof of Service (not Summons and Complaint)

12/21/2021: Proof of Service (not Summons and Complaint)

Opposition - OPPOSITION BY MICHAEL BREGY AND JOSHUA STERN TO MOTION TO STRIKE THEIR ANSWERS; MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION OF DOMINIC A. QUILLER; EXHIBITS

12/28/2021: Opposition - OPPOSITION BY MICHAEL BREGY AND JOSHUA STERN TO MOTION TO STRIKE THEIR ANSWERS; MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION OF DOMINIC A. QUILLER; EXHIBITS

Reply - REPLY PLAINTIFFS REPLY TO OPPOSITION OF DEFENDANTS BREGY AND STERN TO MOTION TO STRIKE ANSWERS TO COMPLAINT AND ENTER DEFAULT

12/30/2021: Reply - REPLY PLAINTIFFS REPLY TO OPPOSITION OF DEFENDANTS BREGY AND STERN TO MOTION TO STRIKE ANSWERS TO COMPLAINT AND ENTER DEFAULT

Opposition - OPPOSITION BY LAURA CHISM TO MOTION TO STRIKE HER ANSWER; MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION OF DOMINIC A. QUILLER; EXHIBITS

12/30/2021: Opposition - OPPOSITION BY LAURA CHISM TO MOTION TO STRIKE HER ANSWER; MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION OF DOMINIC A. QUILLER; EXHIBITS

Proof of Service (not Summons and Complaint) - PROOF OF ELECTRONIC SERVICE

1/3/2022: Proof of Service (not Summons and Complaint) - PROOF OF ELECTRONIC SERVICE

Reply - REPLY PLAINTIFFS REPLY TO OPPOSITION OF DEFENDANT CHISM TO MOTION TO STRIKE ANSWERS TO COMPLAINT AND ENTER DEFAULT

1/3/2022: Reply - REPLY PLAINTIFFS REPLY TO OPPOSITION OF DEFENDANT CHISM TO MOTION TO STRIKE ANSWERS TO COMPLAINT AND ENTER DEFAULT

Minute Order - MINUTE ORDER (COURT ORDER RE: REASSIGNMENT TO AS PI COMPLICATED)

1/10/2022: Minute Order - MINUTE ORDER (COURT ORDER RE: REASSIGNMENT TO AS PI COMPLICATED)

58 More Documents Available

 

Docket Entries

  • 07/28/2022
  • Hearing07/28/2022 at 08:30 AM in Department M at 1725 Main Street, Santa Monica, CA 90401; Case Management Conference

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  • 07/11/2022
  • DocketNotice of Ruling; Filed by JENNIFER FLORES (Cross-Defendant)

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  • 07/06/2022
  • Docketat 08:30 AM in Department M, Mark A. Young, Presiding; Hearing on Ex Parte Application (TO SEAL/REDACT HER FULL NAME IN ALL COURT FILINGS AND TO PROCEED USING INITIALS) - Held - Motion Granted

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  • 07/06/2022
  • Docketat 1:52 PM in Department M, Mark A. Young, Presiding; Nunc Pro Tunc Order

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  • 07/06/2022
  • DocketMinute Order ( (Nunc Pro Tunc Order)); Filed by Clerk

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  • 07/06/2022
  • DocketMinute Order ( (Hearing on Ex Parte Application TO SEAL/REDACT HER FULL NAME ...)); Filed by Clerk

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  • 06/29/2022
  • Docketat 08:30 AM in Department M, Mark A. Young, Presiding; Case Management Conference - Held - Continued

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  • 06/29/2022
  • DocketMinute Order ( (Case Management Conference)); Filed by Clerk

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  • 06/23/2022
  • DocketRequest for Dismissal; Filed by M.B a Minor,by and through her Guardian ad Litem, PATRICK J. BURNS, Jr., (Plaintiff); PATRICK J. BURNS, Jr. (Plaintiff)

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  • 06/16/2022
  • Docketat 08:30 AM in Department M; Case Management Conference - Not Held - Rescheduled by Court

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60 More Docket Entries
  • 07/21/2021
  • DocketNotice of Rejection of Electronic Filing; Filed by Clerk

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  • 07/07/2021
  • DocketNotice (NOTICE OF ERRATA); Filed by M.B a Minor,by and through her Guardian ad Litem, PATRICK J. BURNS, Jr., (Plaintiff); PATRICK J. BURNS, Jr. (Plaintiff)

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  • 06/18/2021
  • DocketApplication And Order For Appointment of Guardian Ad Litem (for M.B.); Filed by M.B a Minor,by and through her Guardian ad Litem, PATRICK J. BURNS, Jr., (Plaintiff); PATRICK J. BURNS, Jr. (Plaintiff)

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  • 06/17/2021
  • DocketCertificate of Mailing for ([PI General Order], Standing Order re PI Procedures and Hearing Dates); Filed by Clerk

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  • 06/17/2021
  • DocketPI General Order; Filed by Clerk

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  • 06/14/2021
  • DocketNotice of Rejection of Electronic Filing; Filed by Clerk

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  • 06/11/2021
  • DocketApplication And Order For Appointment of Guardian Ad Litem; Filed by M.B a Minor,by and through her Guardian ad Litem, PATRICK J. BURNS, Jr., (Plaintiff); PATRICK J. BURNS, Jr. (Plaintiff)

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  • 06/11/2021
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 06/11/2021
  • DocketCivil Case Cover Sheet; Filed by M.B a Minor,by and through her Guardian ad Litem, PATRICK J. BURNS, Jr., (Plaintiff); PATRICK J. BURNS, Jr. (Plaintiff)

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  • 06/11/2021
  • DocketComplaint; Filed by M.B a Minor,by and through her Guardian ad Litem, PATRICK J. BURNS, Jr., (Plaintiff); PATRICK J. BURNS, Jr. (Plaintiff)

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Tentative Rulings

Case Number: *******1888 Hearing Date: January 10, 2022 Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

M.B., a minor, by and through her Guardian ad Litem, PATRICK J. BURNS, JR., et al.,

Plaintiff(s),

vs.

BEVERLY HILLS UNIFIED SCHOOL DISTRICT, et al.,

Defendant(s).

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CASE NO.: *******1888

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO STRIKE ANSWERS OF MICHAEL BREGY AND JOSHUA STERN

Dept. 27

1:30 p.m.

January 10, 2022

On June 11, 2021, plaintiff M.B. filed this action against defendants Michael Bregy and Joshua Stern (collectively, “Defendants”), along with Beverly Hills Unified School District (“District”), Laura Chism, Beverly Vista Middle School, and Kristen Delfosse. Plaintiff moves to strike Defendants’ answers on the grounds that they are untimely. Plaintiff also requests the court enter default against Defendants.

The facts underlying the disposition of this motion are straightforward. Answers were prepared by defense counsel Dominic Quiller on behalf of District and Delfosse and timely filed on November 3, 2021. Quiller declares that he prepared an answer on Stern’s behalf and mistakenly believed it to be properly filed and served on November 8, 2021. (Quiller Decl., 9-11.) Quiller also declares that on or about December 1, 2021, after Plaintiff attempted to have default entered against Defendants, defense counsel realized that no answer had in fact been filed. (Quiller Decl., 11.) Defendants then each filed an answer on December 3, 2021. However, Plaintiff persisted in pursuing the entry of default against Defendants and filed this motion to strike.

A court has the discretion to decide whether to strike a late-filed answer. (Cudahy v. Gragg (1920) 46 Cal.App. 578, 580-581.) In light of what seems to be a series of misunderstandings and miscommunications, along with a preference to dispose of cases on their merits, Plaintiff’s motion to strike is DENIED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.



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