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This case was last updated from Los Angeles County Superior Courts on 07/28/2021 at 03:08:49 (UTC).

MIRNA QUINTANA C., ET AL. VS RICHARD V. ROMERO

Case Summary

On 11/12/2020 MIRNA QUINTANA C filed a Property - Other Real Property lawsuit against RICHARD. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3719

  • Filing Date:

    11/12/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

JON R. TAKASUGI

 

Party Details

Plaintiffs

QUINTANA EMILY TAMAYO

CARBAJAL FERNANDO QUINTANA

QUINTANA C. MIRNA

MOSQUEDA JOSE LUIS ISLAS

QUINTANA ALBERTO TAMAYO

Defendant

ROMERO RICHARD V.

Attorney/Law Firm Details

Plaintiff Attorneys

MITCHELTREE TARA

RILEY GRANT KEVIN

SHAKHNIS PHILIP

Defendant Attorney

SKOVHOLT NANCY J.

 

Court Documents

Minute Order - MINUTE ORDER (STATUS CONFERENCE)

7/20/2021: Minute Order - MINUTE ORDER (STATUS CONFERENCE)

Notice - NOTICE OF NON-OPPOSITION TO PLAINTIFF'S MOTION FOR TRIAL PREFERENCE

7/14/2021: Notice - NOTICE OF NON-OPPOSITION TO PLAINTIFF'S MOTION FOR TRIAL PREFERENCE

Declaration - DECLARATION OF PAUL ROGERS, MD IN SUPPORT OF MOTION FOR MANDATORY TRIAL PREFERENCE PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 36(B)

6/29/2021: Declaration - DECLARATION OF PAUL ROGERS, MD IN SUPPORT OF MOTION FOR MANDATORY TRIAL PREFERENCE PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 36(B)

Declaration - DECLARATION OF MIRNA QUINTANA IN SUPPORT OF MOTION FOR MANDATORY TRIAL PREFERENCE

6/29/2021: Declaration - DECLARATION OF MIRNA QUINTANA IN SUPPORT OF MOTION FOR MANDATORY TRIAL PREFERENCE

Motion for Trial Preference

6/29/2021: Motion for Trial Preference

Notice of Case Relocation Rescheduling

7/2/2021: Notice of Case Relocation Rescheduling

Notice of Change of Firm Name

4/27/2021: Notice of Change of Firm Name

Notice of Status Conference and Order

4/29/2021: Notice of Status Conference and Order

Answer

2/11/2021: Answer

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 11/18/2020

11/18/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 11/18/2020

Challenge To Judicial Officer - Peremptory (170.6)

11/18/2020: Challenge To Judicial Officer - Peremptory (170.6)

Minute Order - MINUTE ORDER (COURT ORDER)

11/18/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Application And Order For Appointment of Guardian Ad Litem - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM FOR FABIAN

11/17/2020: Application And Order For Appointment of Guardian Ad Litem - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM FOR FABIAN

Application And Order For Appointment of Guardian Ad Litem - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM FOR ABRIL

11/18/2020: Application And Order For Appointment of Guardian Ad Litem - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM FOR ABRIL

Summons - SUMMONS ON COMPLAINT

11/18/2020: Summons - SUMMONS ON COMPLAINT

Civil Case Cover Sheet

11/12/2020: Civil Case Cover Sheet

Notice of Case Assignment - Unlimited Civil Case

11/12/2020: Notice of Case Assignment - Unlimited Civil Case

Complaint

11/12/2020: Complaint

9 More Documents Available

 

Docket Entries

  • 12/06/2021
  • Hearing12/06/2021 at 10:00 AM in Department 17 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 11/18/2021
  • Hearing11/18/2021 at 10:00 AM in Department 17 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 07/26/2021
  • Docketat 10:00 AM in Department 17, Jon R. Takasugi, Presiding; Hearing on Motion for Trial Preference - Not Held - Rescheduled by Court

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  • 07/26/2021
  • Docketat 09:30 AM in Department 17, Jon R. Takasugi, Presiding; Hearing on Motion for Trial Preference - Held - Motion Granted

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  • 07/26/2021
  • Docketat 09:30 AM in Department 17, Jon R. Takasugi, Presiding; Status Conference - Held

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  • 07/26/2021
  • DocketMinute Order ( (Hearing on Motion for Trial Preference; Status Conference)); Filed by Clerk

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  • 07/20/2021
  • Docketat 08:30 AM in Department 17, Jon R. Takasugi, Presiding; Status Conference - Held - Continued

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  • 07/20/2021
  • DocketMinute Order ( (Status Conference)); Filed by Clerk

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  • 07/14/2021
  • DocketNotice (of Non-Opposition to Plaintiff's Motion for Trial Preference); Filed by Richard V. Romero (Defendant)

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  • 07/02/2021
  • DocketNotice of Case Relocation Rescheduling; Filed by Clerk

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8 More Docket Entries
  • 11/18/2020
  • Docketat 4:28 PM in Department 16; Court Order

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  • 11/18/2020
  • DocketCertificate of Mailing for ((Court Order) of 11/18/2020); Filed by Clerk

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  • 11/18/2020
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 11/18/2020
  • DocketSummons (on Complaint); Filed by Mirna Quintana C. (Plaintiff); Abril Islas-Quintana (Plaintiff); Fabian Islas Quintana (Plaintiff) et al.

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  • 11/18/2020
  • DocketChallenge To Judicial Officer - Peremptory (170.6); Filed by Mirna Quintana C. (Plaintiff); Abril Islas-Quintana (Plaintiff); Fabian Islas Quintana (Plaintiff) et al.

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  • 11/12/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 11/12/2020
  • DocketCivil Case Cover Sheet; Filed by Mirna Quintana C. (Plaintiff); Abril Islas-Quintana (Plaintiff); Fabian Islas Quintana (Plaintiff) et al.

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  • 11/12/2020
  • DocketApplication And Order For Appointment of Guardian Ad Litem (for Abril); Filed by Mirna Quintana C. (Plaintiff); Abril Islas-Quintana (Plaintiff); Fabian Islas Quintana (Plaintiff) et al.

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  • 11/12/2020
  • DocketApplication And Order For Appointment of Guardian Ad Litem (for Fabian); Filed by Mirna Quintana C. (Plaintiff); Abril Islas-Quintana (Plaintiff); Fabian Islas Quintana (Plaintiff) et al.

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  • 11/12/2020
  • DocketComplaint; Filed by Mirna Quintana C. (Plaintiff); Abril Islas-Quintana (Plaintiff); Fabian Islas Quintana (Plaintiff) et al.

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Tentative Rulings

b'

Case Number: 20STCV43719 Hearing Date: July 26, 2021 Dept: 17

Superior Court of California

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County of Los Angeles

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DEPARTMENT\r\n17

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TENTATIVE RULING

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MIRNA QUINTANA C., et al.

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\r\n vs.

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RICHARD V.\r\n ROMERO

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Case\r\n No.: 20STCV43719

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Hearing Date: July 26, 2021

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Plaintiffs’ motion for trial preference is GRANTED.

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On\r\n11/12/2020, Plaintiffs Mirna Quintana C., individually and as Guardian Ad Litem\r\nfor Abril Islas-Quintana and Fabian Islas Quintana, Jose Luis Islas Mosqueda,\r\nEmily Tamyo Quintana, Alberto Tamayo Quintana, and Fernando Quintana Carbajal\r\n(collectively, Plaintiffs) filed suit against Richard v. Romero (Defendant),\r\nalleging: (1) breach of implied warranty of habitability; (2) tortious breach\r\nof implied warranty of habitability; (3) negligence; (4) intentional infliction\r\nof emotional distress; (5) private nuisance; (6) violation of Civil Code\r\nsection 1942.4; and (7) violation of Business and Profressions Code, section\r\n17200.

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Now,\r\nPlaintiffs move for trial preference.

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Defendant\r\nsubmitted a notice of non-opposition.

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Legal\r\nStandard

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Pursuant to Code of Civil Procedure section 36,\r\nsubdivision (b) “A\r\ncivil action to recover damages for wrongful death or personal injury shall be\r\nentitled to preference upon the motion of any party to the action who is under\r\n14 years of age unless the court finds that the party does not have a\r\nsubstantial interest in the case as a whole.”

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Subsection (e) further provides that, “[n]otwithstanding\r\nany other provision of law, the court may in its discretion grant a motion for\r\npreference that is supported by a showing that satisfies\r\nthe court that the interests of justice will be served by granting this\r\npreference.” (Id., subd. (e).) If the\r\ncourt grants a motion for preference, it must set the case for trial within 120 days after the motion is granted.\r\n(Id., subd. (f).)

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Discussion\r\n

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Plaintiffs seek trial preference on\r\nthe grounds that two of the Plaintiffs here are under the age of fourteen.\r\nSpecifically, Plaintiff Abril Islas-Quintana is age nine, and Fabian Islas\r\nQuintana is age six.

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Plaintiffs allege that for\r\nsubstantial portions of their tenancy, Defendant failed to maintain the subject\r\nproperty and refused to make necessary repairs. (See Complaint). In\r\nparticular, Plaintiffs suffered lead poison from the lead-based paint hazards\r\nat the property. A blood test of Plaintiff Fabian Islas Quintana revealed a\r\nblood lead level of 15 mcg/dL, over 17 times the average blood lead level of\r\n0.86 mcg/dL. (Shaknis Decl., Exh. B.) Moreover,\r\nall plaintiffs and especially the minor children have allegedly suffered from\r\ncoughs, colds, headaches, sore throats, rashes, fevers and cockroach bites as\r\nwell as loss of sleep due to the uninhabitable conditions. (See Complaint.)\r\n

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Here, minor Plaintiffs’ damages are\r\ncentral to Plaintiffs’ overall allegations of inhabitability. Accordingly, they\r\nhave a substantial interest in this action as a whole. Given that these\r\nPlaintiffs are under the age of 14, they are entitled to trial preference.

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While the Court need not consider\r\nresulting prejudice in its analysis, the Court notes that Plaintiff’s Complaint\r\nprovided Defendant with notice that they were entitled to trial preference\r\n(Complaint ¶ 2), and thus the Court is persuaded Defendant will not be\r\nprejudiced by a decision to grant this motion.

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Based on the foregoing, Plaintiffs’\r\nmotion for trial preference is granted. \r\n

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It is so ordered.

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Dated: \r\nJuly , 2021

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\r\nHon. Jon R. Takasugi\r\n Judge of the\r\nSuperior Court

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Parties who intend to submit on this tentative must\r\nsend an email to the court at smcdept17@lacourt.org\r\nby 4 p.m. the day prior as directed by the instructions provided on the court\r\nwebsite at www.lacourt.org. If a party submits\r\non the tentative, the party’s email must include the case number and must\r\nidentify the party submitting on the tentative. \r\nIf all parties to a motion submit, the court will adopt this\r\ntentative as the final order. If the department\r\ndoes not receive an email indicating the parties are submitting on the\r\ntentative and there are no appearances at the hearing, the motion may be placed\r\noff calendar.

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Due to Covid-19, the court is\r\nstrongly discouraging in-person appearances. Parties, counsel, and court reporters present\r\nare subject to temperature checks and health inquiries, and will be denied\r\nentry if admission could create a public health risk. The court encourages the parties wishing to\r\nargue to appear via L.A. Court Connect. \r\nFor more information, please contact the court clerk at (213)\r\n633-0517. Your understanding during\r\nthese difficult times is appreciated.

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