This case was last updated from Los Angeles County Superior Courts on 06/20/2019 at 02:44:05 (UTC).

MITRA GOOSHEH VS LOVELLA A NOVAK

Case Summary

On 02/10/2017 MITRA GOOSHEH filed a Personal Injury - Motor Vehicle lawsuit against LOVELLA A NOVAK. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN I. GOORVITCH. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9956

  • Filing Date:

    02/10/2017

  • Case Status:

    Pending - Other Pending

  • 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

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff and Petitioner

GOOSHEH MITRA

Defendants and Respondents

NOVAK LOVELLA A.

DOES 1 TO 50

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

JANFAZA RON A. ROSEN ESQ.

JANFAZA RON A.

 

Court Documents

MINUTE ORDER

7/27/2018: MINUTE ORDER

PROOF OF SERVICE SUMMONS

8/1/2018: PROOF OF SERVICE SUMMONS

Minute Order

11/6/2018: Minute Order

Minute Order

1/24/2019: Minute Order

Unknown

1/24/2019: Unknown

Notice of Ruling

3/7/2019: Notice of Ruling

Minute Order

3/13/2019: Minute Order

Minute Order

5/2/2019: Minute Order

Minute Order

6/13/2019: Minute Order

 

Docket Entries

  • 06/13/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Order to Show Cause Re: (dismissal for failure to enter default or Trial Setting Conference) - Not Held - Continued - Court's Motion

    Read MoreRead Less
  • 06/13/2019
  • Minute Order ( (Order to Show Cause Re: dismissal for failure to enter defaul...)); Filed by Clerk

    Read MoreRead Less
  • 05/02/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Order to Show Cause Re: (dismissal for failure to enter default or Trial Setting Conference) - Held - Continued

    Read MoreRead Less
  • 05/02/2019
  • Minute Order ( (Order to Show Cause Re: dismissal for failure to enter defaul...)); Filed by Clerk

    Read MoreRead Less
  • 03/13/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Order to Show Cause Re: (dismissal for failure to enter default or Trial Setting Conference) - Held - Continued

    Read MoreRead Less
  • 03/13/2019
  • Minute Order ( (Order to Show Cause Re: dismissal for failure to enter defaul...)); Filed by Clerk

    Read MoreRead Less
  • 03/07/2019
  • Notice of Ruling; Filed by Mitra Goosheh (Plaintiff)

    Read MoreRead Less
  • 01/24/2019
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Order to Show Cause Re: Dismissal - Held - Continued

    Read MoreRead Less
  • 01/24/2019
  • Minute Order ( (Order to Show Cause Re: Dismissal)); Filed by Clerk

    Read MoreRead Less
  • 01/24/2019
  • Certificate of Mailing for (Minute Order (Order to Show Cause Re: Dismissal) of 01/24/2019); Filed by Clerk

    Read MoreRead Less
  • 11/06/2018
  • at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; (OSC RE Dismissal) - Held - Continued

    Read MoreRead Less
  • 11/06/2018
  • Minute Order ((Legacy Event Type : OSC RE Dismissal)); Filed by Clerk

    Read MoreRead Less
  • 08/01/2018
  • PROOF OF SERVICE SUMMONS

    Read MoreRead Less
  • 08/01/2018
  • Proof-Service/Summons; Filed by Mitra Goosheh (Plaintiff)

    Read MoreRead Less
  • 07/27/2018
  • at 10:00 AM in Department 5; Final Status Conference (Final Status Conference; Court makes order) -

    Read MoreRead Less
  • 07/27/2018
  • MINUTE ORDER

    Read MoreRead Less
  • 07/27/2018
  • Minute order entered: 2018-07-27 00:00:00; Filed by Clerk

    Read MoreRead Less
  • 02/10/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

    Read MoreRead Less
  • 02/10/2017
  • Complaint; Filed by Mitra Goosheh (Plaintiff)

    Read MoreRead Less
  • 02/10/2017
  • SUMMONS

    Read MoreRead Less

Tentative Rulings

Case Number: BC649956    Hearing Date: February 24, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Spring Street Courthouse, Department 32

mitra goosheh,

Plaintiff,

v.

lovella a. novak,

Defendant.

Case No.: BC649956

Hearing Date: February 24, 2020

[TENTATIVE] order RE:

MOTION FOR SUMMARY JUDGMENT

Background

Plaintiff Mitra Goosheh (“Plaintiff”) filed this action following a motor vehicle collision with Defendant Lovella A. Novak (“Defendant”). Now, Defendant moves for summary judgment on Plaintiff’s complaint for motor vehicle and general negligence, which Plaintiff opposes. The motion is denied.

LEGAL STANDARD

“[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.]  There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.”  (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.)  “[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a prima facie showing of the existence of a triable issue of material fact.”  (Ibid.)  In ruling on the motion, “the court may not weigh the plaintiff's evidence or inferences against the defendant[’s] as though it were sitting as the trier of fact.”  (Id. at 856.)  However, the court “must . . . determine what any evidence or inference could show or imply to a reasonable trier of fact.”  (Ibid., emphasis original.)  

DISCUSSION

Defendant argues that Plaintiff released her claims against Defendant. “[A] general release can be completely enforceable and act as a complete bar to all claims (known or unknown at the time of the release) . . . .” (San Diego Hospice v. County of San Diego (1995) 31 Cal. App. 4th 1048, 1053, internal citation omitted.)

Defendant has proffered evidence that Plaintiff signed a release, in which she agreed to release her claims against Defendant in exchange for a payment of $100,000. (Declaration of Arnold S. Levine, Exhibit E.) However, Defendant concedes that it stopped payment on the settlement check. (Declaration of Arnold S. Levine, Exhibit I.) The letter states: “We have placed a stop pay on the bodily injury check for $100,000 until the lien with [sic] wirjed iyt wutg Khorshidi Law Firm.” (Ibid.) If Defendant stopped payment on the settlement check, then Plaintiff has the option to rescind the release. (See B. L. Metcalf General Contractor, Inc. v. Earl Erne Inc. (1963) 212 Cal.App.2d 689, 693.) In other words, if Defendant does not pay the settlement proceeds, Defendant is not entitled to summary judgment.

CONCLUSION AND ORDER

Defendant’s motion for summary judgment is denied. Defendant shall provide notice and file proof of such with the Court.

DATED: February 24, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court