This case was last updated from Los Angeles County Superior Courts on 08/15/2019 at 09:37:55 (UTC).

NYLE R DICLEMENTE VS HERMAN SQUEEZER LTD ET AL

Case Summary

On 01/03/2018 a Personal Injury - Other Personal Injury case was filed by NYLE R DICLEMENTE against HERMAN SQUEEZER LTD in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8918

  • Filing Date:

    01/03/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

CHRISTOPHER K. LUI

 

Party Details

Plaintiff and Petitioner

DICLEMENTE NYLE R.

Respondents and Defendants

HERMAN SQUEEZER INC.

BAJA FOODS INC.

BAJA CANTINA INC.

DOES 1 THROUGH 50

HERMAN SQUEEZER LTD.

 

Court Documents

Informal Discovery Conference Form for Personal Injury Courts

6/28/2019: Informal Discovery Conference Form for Personal Injury Courts

Informal Discovery Conference Form for Personal Injury Courts

6/28/2019: Informal Discovery Conference Form for Personal Injury Courts

Minute Order

7/8/2019: Minute Order

REQUEST FOR REFUND

4/3/2018: REQUEST FOR REFUND

SUBSTITUTION OF ATTORNEY

10/3/2018: SUBSTITUTION OF ATTORNEY

SUBSTITUTION OF ATTORNEY

10/3/2018: SUBSTITUTION OF ATTORNEY

Proof of Personal Service

2/4/2019: Proof of Personal Service

Stipulation and Order

3/4/2019: Stipulation and Order

Answer

3/13/2019: Answer

Proof of Service by Mail

5/6/2019: Proof of Service by Mail

Motion to Compel Further Discovery Responses

5/6/2019: Motion to Compel Further Discovery Responses

Motion to Continue Trial Date

5/21/2019: Motion to Continue Trial Date

Opposition

6/20/2019: Opposition

Separate Statement

6/20/2019: Separate Statement

NOTICE OF CHANGE OF ADDRESS

5/11/2018: NOTICE OF CHANGE OF ADDRESS

DEFENDANT BAJA CANTLNA, INC.'S ANSWER TO PLATNTTFFS' COMPLAINT

4/16/2018: DEFENDANT BAJA CANTLNA, INC.'S ANSWER TO PLATNTTFFS' COMPLAINT

CIVIL DEPOSIT

4/16/2018: CIVIL DEPOSIT

COMPLAINT FOR: 1. BATTERY; ETC

1/3/2018: COMPLAINT FOR: 1. BATTERY; ETC

22 More Documents Available

 

Docket Entries

  • 01/04/2021
  • Hearingat 08:30 AM in Department 4A at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 11/25/2019
  • Hearingat 08:30 AM in Department 4A at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 11/12/2019
  • Hearingat 10:00 AM in Department 4A at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 07/08/2019
  • Docketat 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Hearing on Motion to Continue Trial - Held - Motion Denied

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  • 07/08/2019
  • DocketMinute Order ( (Hearing on Motion to Continue Trial)); Filed by Clerk

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  • 07/03/2019
  • Docketat 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Hearing on Motion to Compel Further Discovery Responses - Not Held - Taken Off Calendar by Court

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  • 07/03/2019
  • Docketat 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 07/03/2019
  • Docketat 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Hearing on Motion to Continue Trial - Not Held - Vacated by Court

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  • 06/28/2019
  • Docketat 11:30 AM in Department 4A, Christopher K. Lui, Presiding; Nunc Pro Tunc Order

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  • 06/28/2019
  • Docketat 11:00 AM in Department 4A, Christopher K. Lui, Presiding; Informal Discovery Conference (IDC) - Held

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35 More Docket Entries
  • 04/03/2018
  • DocketREQUEST FOR REFUND

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  • 04/03/2018
  • DocketReimbursement of Fees; Filed by Defendant/Respondent

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  • 04/03/2018
  • DocketReimbursement of Fees; Filed by Defendant/Respondent

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  • 03/20/2018
  • DocketAnswer; Filed by Baja Cantina, Inc. (Defendant)

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  • 03/20/2018
  • DocketANSWER-PERSONAL INJURY PROPERTY DAMAGE, WRONGFUL DEATH

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  • 01/23/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Nyle R. Diclemente (Plaintiff)

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  • 01/23/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 01/03/2018
  • DocketSUMMONS

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  • 01/03/2018
  • DocketCOMPLAINT FOR: 1. BATTERY; ETC

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  • 01/03/2018
  • DocketComplaint; Filed by Nyle R. Diclemente (Plaintiff)

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Tentative Rulings

Case Number: BC688918    Hearing Date: November 12, 2019    Dept: 4A

Motion in Limine (x2)

Having considered the moving papers, the Court rules as follows. s were filed.

BACKGROUND

On January 3, 2018, Plaintiff Nyle R. Diclemente (“Plaintiff”) filed a complaint against Defendants Herman Squeezer Ltd., Herman Squeezer Inc., Baja Foods, Inc., and Baja Cantina, Inc. alleging battery, assault, intentional infliction of emotional distress, and negligence for a security guard tasering Plaintiff on May 5, 2017.

On January 7, 2019, Plaintiff amended his complaint to rename Doe 1 as Prince Wade, Doe 2 as Govinda Covin, and Doe 3 as Desmond Villanueva.

On June 20, 2019, the Court dismissed Defendants Prince Wade and Govinda Covin without prejudice.

On October 3, 2019, Plaintiff amended his complaint to rename Doe 4 as Regile Joseph Edwards.

Also on October 3, 2019, the Court ordered Defendant Desmond Villanueva to be renamed as Defendant Avelino Desmond Villanueva.

On October 31, 2019, Plaintiff filed two motions in limine pursuant to California Evidence Code sections 350 and 352.

Trial is set for March 25, 2019.

PARTY’S REQUESTS

Plaintiff asks the Court to exclude character evidence referenced by Manager Phil Jackson and Plaintiff’s arrest record, misdemeanor record, or history of public intoxication.

DISCUSSION

The Court defers deciding upon Plaintiff’s motions as they are motions in limine that aree properly decided by the assigned trial court.

Plaintiff’s motions in limine are CONTINUED to the trial date on March 25, 2020 at 8:30 a.m. to be heard and decided by the court assigned to conduct the trial of this action.  The moving party shall include the motions in limine in the parties’ joint trial binder to present to the judge to whom this matter is assigned for trial.

Plaintiff is ordered to give notice of this ruling.