This case was last updated from Los Angeles County Superior Courts on 04/11/2021 at 00:08:37 (UTC).

MEI LING CHEN ET AL VS STATE OF CALIFORNIA DEPARTMENT OF

Case Summary

On 07/26/2017 MEI LING CHEN filed a Personal Injury - Motor Vehicle lawsuit against STATE OF CALIFORNIA DEPARTMENT OF. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are JON R. TAKASUGI, HOLLY E. KENDIG and THOMAS D. LONG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9426

  • Filing Date:

    07/26/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

JON R. TAKASUGI

HOLLY E. KENDIG

THOMAS D. LONG

 

Party Details

Plaintiffs and Petitioners

ZHAO CHUN SHENG

CHEN MEI LING

VIKING INSURANCE COMPANY OF WISCONSIN

Respondents and Defendants

STATE OF CALIFORNIA DEPARTMENT OF

ESTATE OF BRAYAN ANDRADE

DOES 1 TO 25

STATE OF CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES

OROZCO ROBERTO JUAREZ

LAC+USC MEDICAL CENTER

STATE OF CALIFORNIA DEPARTMENT OF CHILD SUPPORT SERVICES

SAN BERNARDINO COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

JOHNSTON THOMAS J. ESQ.

JOHNSTON THOMAS JOSEPH

MEISSNER ALEXANDER GONG

YUTER ALAN B

Respondent and Defendant Attorneys

RICH STEVEN M. DEPUTY ATTORNEY

GOMES DAVID ALLEN

RICH STEVEN MATTHEW

GYSLER JENNIFER E

 

Court Documents

Request for Dismissal

2/23/2021: Request for Dismissal

Request for Entry of Default / Judgment

2/25/2021: Request for Entry of Default / Judgment

Declaration - DECLARATION OF ALEXANDER G. MEISSNER IN RESPONSE TO OSC

4/1/2021: Declaration - DECLARATION OF ALEXANDER G. MEISSNER IN RESPONSE TO OSC

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (TRIAL SETTING CONFERENCE) OF 01/25/2021

1/25/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (TRIAL SETTING CONFERENCE) OF 01/25/2021

Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

1/25/2021: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: COVID-19) OF 06/17/2020

6/17/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: COVID-19) OF 06/17/2020

Minute Order - MINUTE ORDER (COURT ORDER RE: COVID-19)

6/17/2020: Minute Order - MINUTE ORDER (COURT ORDER RE: COVID-19)

Request for Dismissal

12/13/2019: Request for Dismissal

Notice of Entry of Dismissal and Proof of Service

12/30/2019: Notice of Entry of Dismissal and Proof of Service

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO WITHDRAW NOTICE OF SETTLEM...)

10/24/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO WITHDRAW NOTICE OF SETTLEM...)

Ex Parte Application - EX PARTE APPLICATION TO WITHDRAW NOTICE OF SETTLEMENT OF ENTIRE CASE AND SET FSC AND TRIAL DATES PURSUANT TO STIPULATION

10/24/2019: Ex Parte Application - EX PARTE APPLICATION TO WITHDRAW NOTICE OF SETTLEMENT OF ENTIRE CASE AND SET FSC AND TRIAL DATES PURSUANT TO STIPULATION

Notice and Acknowledgment of Receipt

10/24/2019: Notice and Acknowledgment of Receipt

Notice and Acknowledgment of Receipt

10/24/2019: Notice and Acknowledgment of Receipt

Order - ORDER RE PLAINTIFFS' EXPARTE APPLICATION TO WITHDRAW NOTICE OF SETTLEMENT OF ENTIRE CASE AND SET FSC AND TRIAL DATES PURSUANT TO STIPULATION; DECLARATION OF BRIAN F. NEEDELMAN

10/24/2019: Order - ORDER RE PLAINTIFFS' EXPARTE APPLICATION TO WITHDRAW NOTICE OF SETTLEMENT OF ENTIRE CASE AND SET FSC AND TRIAL DATES PURSUANT TO STIPULATION; DECLARATION OF BRIAN F. NEEDELMAN

Notice and Acknowledgment of Receipt

10/29/2019: Notice and Acknowledgment of Receipt

Proof of Personal Service

10/29/2019: Proof of Personal Service

Proof of Personal Service

10/29/2019: Proof of Personal Service

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO WITHDRAW NOTICE OF SETTLEM...)

10/16/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO WITHDRAW NOTICE OF SETTLEM...)

44 More Documents Available

 

Docket Entries

  • 04/09/2021
  • Docketat 08:30 AM in Department 31, Thomas D. Long, Presiding; Order to Show Cause Re: Dismissal

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  • 04/09/2021
  • Docketat 08:30 AM in Department 31, Thomas D. Long, Presiding; Trial Setting Conference

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  • 04/01/2021
  • DocketDeclaration (of Alexander G. Meissner in Response to OSC); Filed by Viking Insurance Company of Wisconsin (Plaintiff in Intervention)

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  • 02/25/2021
  • DocketRequest for Entry of Default / Judgment; Filed by Viking Insurance Company of Wisconsin (Plaintiff in Intervention)

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  • 02/23/2021
  • DocketRequest for Dismissal; Filed by Viking Insurance Company of Wisconsin (Plaintiff in Intervention)

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  • 01/25/2021
  • Docketat 10:00 AM in Department 31, Thomas D. Long, Presiding; Trial Setting Conference - Held - Continued

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  • 01/25/2021
  • DocketCertificate of Mailing for ((Trial Setting Conference) of 01/25/2021); Filed by Clerk

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  • 01/25/2021
  • DocketMinute Order ( (Trial Setting Conference)); Filed by Clerk

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  • 07/27/2020
  • Docketat 08:30 AM in Department 3, Holly E. Kendig, Presiding; (OSC RE Dismissal) - Not Held - Advanced and Vacated

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  • 07/17/2020
  • Docketat 08:30 AM in Department 31, Thomas D. Long, Presiding; Jury Trial - Not Held - Vacated by Court

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70 More Docket Entries
  • 05/17/2018
  • DocketNotice; Filed by Defendant/Respondent

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  • 05/17/2018
  • DocketCIVIL DEPOSIT

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  • 05/17/2018
  • DocketNOTICE OF POSTING JURY FEES PURSUANT TO C.C.P. 631

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  • 05/08/2018
  • DocketAnswer; Filed by The People of the State of California, acting by and through the Department of Transportation Erroneously Sued As State of California Department of (Defendant)

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  • 05/08/2018
  • DocketANSWER TO COMPLAINT BY DEFENDANT DEPARTMENT OF TRANSPORTATION; DEMAND FOR JURY TRIAL

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  • 04/11/2018
  • DocketNOTICE OF FILING PROOF OF SERVICE

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  • 04/11/2018
  • DocketNotice; Filed by Mei Ling Chen (Plaintiff); Chun Sheng Zhao (Plaintiff)

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  • 07/26/2017
  • DocketSUMMONS

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  • 07/26/2017
  • DocketComplaint; Filed by Mei Ling Chen (Plaintiff); Chun Sheng Zhao (Plaintiff)

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  • 07/26/2017
  • DocketCOMPLAINT FOR DAMAGES: 1. DANGEROUS CONDITION OF PUBLIC PROPERTY 2. NEGLIGENCE

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Tentative Rulings

b"

Case Number: BC669426 Hearing Date: August 4, 2021 Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MEI LING CHEN, ET AL.,

Plaintiff(s),

vs.

STATE OF CALIFORNIA DEPARTMENT

OF TRANSPORTATION, ET AL.,

Defendant(s).

)

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CASE NO: BC669426

[TENTATIVE] ORDER GRANTING MOTION FOR ORDER DISCHARGING STAKEHOLDER

Dept. 31

1:30 p.m.

August 4, 2021

1. Background

Plaintiffs, Mei Ling Chen (“Chen”) and Chun Sheng Zhao (“Zhao”) (collectively, “Plaintiffs”) filed this action against Defendants, State of California Department of Transportation and Estate of Brayan Andrade (the “Estate”) for dangerous condition of public property and negligence relating to a motor vehicle accident.

At this time, Viking Insurance Company of Wisconsin (“Viking”) moves for an order discharging stakeholder from liability. Viking asserts it provided Brayan Andrade with a California auto insurance policy with a $30,000 aggregate limit for the sum of all claims against the policy required to be paid by Viking. On September 2, 2016, A vehicle driven by Andrade struck Chen’s vehicle. Occupants of Andrade's vehicle at the time of the accident were Brayan Andrade Pacheco and Roberto Juarez Orozco (“Orozco”). Occupants of Chen's vehicle at the time of the accident were Mei Ling Chen, Chun Sheng Zhao, and Sharon Zhao. Chen and Zhao filed this action for personal injuries against the Estate for Andrade’s negligence in causing the accident. Orozco filed a different action, Case No. BC718513, for his injuries from the accident. On August 30, 2019, Viking filed a complaint-in-interpleader naming various potential claimants.

Viking provides it is willing to deposit the entire $30,000 policy limit with the Clerk of the Court and seeks to be discharged from any further liability to any claimants. Viking asserts multiple defendants-in-intervention have claimed zero interest in the funds. Viking states Chen, Zhao, and Orozco claim an interest in the funds. Further, Viking avers the court should discharge Viking from liability and a judgment for dismissal with prejudice from this action. As of July 30, 2021, no opposition to the motion has been filed.

2. Motion Discharging Stakeholder

If a defendant-stakeholder claims no interest in the funds or property it holds, the defendant may apply to the court for permission to deposit the money or property with the court clerk, and for an order discharging him or her from further liability to the adverse claimants. Such order may also dismiss the stakeholder. (CCP §§ 386(a), 386.5.) The stakeholder may also seek reimbursement of costs and reasonable attorney fees incurred. (CCP § 386.6.) The Court may, in its discretion, order payment thereof out of the funds deposited by the stakeholder, and ultimately, such payment may be charged to one or more of the adverse claimants in the final judgment. (CCP § 386.6.)

Here, Viking asserts it filed its complaint in interpleader to avoid multiplicity of actions and will deposit with the Clerk of the Court the Policy Limit of the insurance policy in the amount of $30,000. Viking avers it disavows any interest in the disputed funds and seeks to be discharged from liability. Additionally, on April 8, 2021, Viking filed a Stipulation for Entry of Judgment signed by the parties providing the balance of the interpleaded funds was to be divided between Orozco, Chen, and Zhao as follows: to Orozco the sum of $11,000; to Chen the sum of $4,000; and to Zhao the sum of $15,000.

Viking’s motion for an order discharging stakeholder is granted. Viking is hereby discharged and dismissed from this case and released from any and all liability to any and all of the defendants in the above-entitled action for, on account of, or in connection with, any transaction, matter, happening, or thing in any way arising out of the rights and obligations of the parties, and their successors and assigns, with respect to the funds interpleaded with the Court herein, or any part thereof, pursuant to Code of Civil Procedure section 386.5.

The stipulation is hereby approved and granted. The sum of $11,000 shall be paid to Orozco; the sum of $4,000 shall be paid to Chen, and the sum of $15,000 shall be paid to Zhao.

Viking is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept31@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 remotely.

Dated this 4th day of August, 2021

Hon. Teresa Sanchez-Gordon

Judge of the Superior Court

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