This case was last updated from Los Angeles County Superior Courts on 12/15/2018 at 03:53:42 (UTC).

MINYE KIM ET AL VS YE KIM ET AL

Case Summary

On 03/09/2017 MINYE KIM filed a Personal Injury - Motor Vehicle lawsuit against YE KIM. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is CHRISTOPHER K. LUI. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2914

  • Filing Date:

    03/09/2017

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

CHRISTOPHER K. LUI

 

Party Details

Plaintiff and Petitioner

KIM YE-JIN

Defendants, Respondents, Cross Plaintiffs and Not Classified By Court

ENTERPRISE RENTA A CAR OF LOS ANGELES

CAZARES JULISA

DOES 1 TO 100

KIM YE

Cross Defendant

ROES 1 THROUGH 100 INCLUSIVE

Minor and Not Classified By Court

LEE JOSHUA

Minors, Not Classified By Court and Cross Plaintiffs

LEE JOSHUA

CAZARES JULISA

KIM YE

KIM MINYE

Guardian Ad Litem and Not Classified By Court

KIM MINYE

Attorney/Law Firm Details

Minor, Plaintiff and Petitioner Attorney

BUCKLIN STEPHEN L.

Defendant and Cross Plaintiff Attorneys

SPRIGGS SCOTT B. ESQ.

RAFFALOW RHOADS & BRETOI

 

Court Documents

Request for Dismissal

12/11/2018: Request for Dismissal

Stipulation and Order

10/15/2018: Stipulation and Order

Minute Order

10/15/2018: Minute Order

Answer

8/31/2018: Answer

DECLARATION OF REASONABLE DILIGENCE

4/9/2018: DECLARATION OF REASONABLE DILIGENCE

PROOF OF SERVICE BY MAIL

4/9/2018: PROOF OF SERVICE BY MAIL

Answer

6/8/2018: Answer

NOTICE OF POSTING JURY FEES

6/18/2018: NOTICE OF POSTING JURY FEES

Unknown

6/18/2018: Unknown

PROOF OF SERVICE SUMMONS

6/19/2018: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

7/3/2018: PROOF OF SERVICE SUMMONS

ORDER AND STIPULATLON TO CONTINUE TRIAL, FSC LAND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

7/20/2018: ORDER AND STIPULATLON TO CONTINUE TRIAL, FSC LAND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)

ANSWER TO UNVERIFIED COMPLAINT

8/6/2018: ANSWER TO UNVERIFIED COMPLAINT

CROSS COMPLAINT FOR IMPLIED INDEMNITY AND TOTAL INDEMNITY;AND ETC.

8/6/2018: CROSS COMPLAINT FOR IMPLIED INDEMNITY AND TOTAL INDEMNITY;AND ETC.

DEMAND FOR JURY TRIAL

8/6/2018: DEMAND FOR JURY TRIAL

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

3/9/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

NOTICE OF CHANGE OF ADDRESS

3/27/2017: NOTICE OF CHANGE OF ADDRESS

SUMMONS

4/14/2017: SUMMONS

9 More Documents Available

 

Docket Entries

  • 12/11/2018
  • Request for Dismissal; Filed by Ye-Jin Kim (Plaintiff)

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  • 10/15/2018
  • at 5:18 PM in Department 4; Court Order

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  • 10/15/2018
  • Minute Order ( (Court Order re Stipulation to Continue Trial)); Filed by Clerk

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  • 10/15/2018
  • Stipulation and Order (name extension) (to Continue Trial); Filed by Julisa Cazares (Legacy Party)

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  • 08/31/2018
  • Answer

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  • 08/31/2018
  • Answer to Cross-Complaint; Filed by Ye Kim (Legacy Party)

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  • 08/06/2018
  • Receipt; Filed by Julisa Cazares (Legacy Party)

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  • 08/06/2018
  • Cross-Complaint; Filed by Julisa Cazares (Legacy Party)

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  • 08/06/2018
  • Demand for Jury Trial; Filed by Julisa Cazares (Legacy Party)

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  • 08/06/2018
  • ANSWER TO UNVERIFIED COMPLAINT

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24 More Docket Entries
  • 04/14/2017
  • Summons Issued; Filed by Clerk

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  • 04/14/2017
  • Summons; Filed by Clerk

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  • 04/14/2017
  • SUMMONS

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  • 03/27/2017
  • NOTICE OF CHANGE OF ADDRESS

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  • 03/27/2017
  • Notice of Change of Address or Other Contact Information; Filed by Minye Kim (Legacy Party); Ye-Jin Kim (Plaintiff); Joshua Lee (Legacy Party)

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  • 03/24/2017
  • Ord Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 03/10/2017
  • Application (name extension); Filed by Plaintiff/Petitioner

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  • 03/10/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 03/09/2017
  • Complaint; Filed by Ye-Jin Kim (Plaintiff)

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  • 03/09/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC652914    Hearing Date: November 05, 2019    Dept: 4A

Motion to Set Aside

Having considered the moving papers, the Court rules as follows. No opposition was filed.

BACKGROUND

On March 9, 2017, Plaintiffs Minye Kim, Yi-Jin Kim, and Joshua Lee, by and through his guardian ad litem, Minye Kim (“Plaintiffs”) filed a complaint against Defendants Yi Kim, Julisa Cazares, and Enterprise Rent-A-Car of Los Angeles, LLC (“Defendants”) alleging motor vehicle and general negligence for an automobile collision that occurred on April 22, 2015.

On July 24, 2018, Defendant/Cross-Complainant Ye Kim filed a cross-complaint against Roes 1-100 seeking total or partial indemnity.

On August 6, 2018, Defendant/Cross-Complainant Julisa Cazares against Defendant/Cross-Complainant/Cross-Defendant Ye Kim seeking implied indemnity, total indemnity, declaratory relief, and apportionment of fault.

On September 30, 2019, Plaintiffs filed a motion to set aside pursuant to California Code of Civil Procedure section 473, subdivision (d).

An Order to Show Cause Re: Dismissal (Settlement) is set for December 18, 2019.

PARTY’S REQUESTS

Plaintiffs request that the Court set aside the Court order entered on September 6, 2019, vacating trial dates pursuant to a conditional notice of settlement of entire case.

LEGAL STANDARD

“The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” (Code Civ. Proc. § 473, subd. (d).)

DISCUSSION

In late August or early September 2019, Plaintiffs and Defendant Cazeres negotiated an agreement to settle Plaintiff’s claim against her. (Kadin Decl., ¶ 3.) As part of the settlement, Defendant Cazeres and Plaintiffs agreed that Plaintiffs’ attorney would execute a partial Request for Dismissal of the entire case against Defendant Cazeres only and that the attorneys for Defendant Cazeres would notify the Court that she has been settled out of the case. (Ibid.; Exh. A.) On September 6, 2019, Defendant Cazeres’ attorneys filed a notice of settlement of the entire case. (Ibid.; Exh. B.) Also on September 6, 2019, the Court acted on this notice and advanced and vacated the final status conference an trial date, and apparently dismissed the entire action. (Ibid.) This was not the intention of the parties. (Kadin Decl., ¶ 4.) Plaintiffs did not see the notice of settlement prior to its filing and prior to the September 6, 2019 Court order. (Kadin Decl., ¶¶ 3-4.)

The Court finds the motion is properly granted. The notice of settlement of entire case is a conditional settlement. It shows “Motion for Good Faith Settlement” under section showing that the notice of settlement is conditional. This would have reasonably put the Court on notice that the settlement pertained only to one of the three Defendants in this action. This is because a motion for good faith settlement would only be necessary if there was a settlement between the Plaintiffs and one of the Defendants. Exhibit A to Mr. Kadin’s declaration confirms this because it depicts a request for dismissal as to Defendant Cazares only.

This motion is unopposed and the Court has no reason to believe anything other than the facts presented in the moving papers.

Accordingly, the motion is GRANTED.

The Court sets aside the September 9, 2019 order.

The Court sets a trial scheduling conference for December 5, 2019 at 8:30 a.m.

Plaintiffs are ordered to give notice of this ruling.