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This case was last updated from Los Angeles County Superior Courts on 06/05/2021 at 17:01:33 (UTC).

PAUL BRINCAT VS BRADLEY HOFMAN, ET AL.

Case Summary

On 03/26/2020 PAUL BRINCAT filed a Personal Injury - Other Personal Injury lawsuit against BRADLEY HOFMAN. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is THOMAS D. LONG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2235

  • Filing Date:

    03/26/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

THOMAS D. LONG

 

Party Details

Plaintiff

BRINCAT PAUL

Defendants

HOFMAN BRADLEY

HOFMAN NATALIA

HOF'S HUT RESTUARANTS INC. DBA DOWN HOME INTERIORS

Attorney/Law Firm Details

Plaintiff Attorney

DINSMORE SCOTT DONALD

Defendant Attorneys

GOLD GEOFFREY M.

BROWN JAY D

 

Court Documents

Brief - BRIEF APPENDIX OF EVIDENCE ISO MOTION FOR SUMMARY JUDGMENT

5/6/2021: Brief - BRIEF APPENDIX OF EVIDENCE ISO MOTION FOR SUMMARY JUDGMENT

Separate Statement

5/6/2021: Separate Statement

Motion for Summary Judgment

5/6/2021: Motion for Summary Judgment

Declaration - DECLARATION OF CRAIG HOFMAN IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION OF ISSUES

4/21/2021: Declaration - DECLARATION OF CRAIG HOFMAN IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION OF ISSUES

Motion for Summary Judgment

4/21/2021: Motion for Summary Judgment

Separate Statement

4/21/2021: Separate Statement

Separate Statement

4/22/2021: Separate Statement

Answer - ANSWER AMENDED (1ST)

3/24/2021: Answer - ANSWER AMENDED (1ST)

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR LEAVE TO AMEND ANSWER)

3/22/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR LEAVE TO AMEND ANSWER)

Answer

8/13/2020: Answer

Substitution of Attorney

9/16/2020: Substitution of Attorney

Answer

5/15/2020: Answer

Proof of Service by Substituted Service

6/9/2020: Proof of Service by Substituted Service

PI General Order

4/6/2020: PI General Order

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURES AND HEARING DATES

4/6/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURES AND HEARING DATES

Complaint

3/26/2020: Complaint

Civil Case Cover Sheet

3/26/2020: Civil Case Cover Sheet

Summons - SUMMONS ON COMPLAINT

3/27/2020: Summons - SUMMONS ON COMPLAINT

12 More Documents Available

 

Docket Entries

  • 03/23/2023
  • Hearing03/23/2023 at 08:30 AM in Department 31 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 09/23/2021
  • Hearing09/23/2021 at 08:30 AM in Department 31 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/09/2021
  • Hearing09/09/2021 at 10:00 AM in Department 31 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 07/27/2021
  • Hearing07/27/2021 at 1:30 PM in Department 31 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Summary Judgment

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  • 07/23/2021
  • Hearing07/23/2021 at 1:30 PM in Department 31 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Summary Judgment

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  • 05/06/2021
  • DocketMotion for Summary Judgment (FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES;); Filed by Bradley Hofman (Defendant); Natalia Hofman (Defendant)

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  • 05/06/2021
  • DocketBrief (Appendix of Evidence ISO Motion for Summary Judgment); Filed by Bradley Hofman (Defendant); Natalia Hofman (Defendant)

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  • 05/06/2021
  • DocketSeparate Statement; Filed by Bradley Hofman (Defendant); Natalia Hofman (Defendant)

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  • 04/22/2021
  • DocketSeparate Statement; Filed by Hof's Hut Restuarants Inc. (Defendant)

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  • 04/21/2021
  • DocketMotion for Summary Judgment (FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION OF ISSUES, OF DEFENDANT, HOF?S HUT RESTAURANTS, INC.;); Filed by Hof's Hut Restuarants Inc. (Defendant)

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10 More Docket Entries
  • 06/09/2020
  • DocketProof of Service by Substituted Service; Filed by Paul Brincat (Plaintiff)

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  • 06/09/2020
  • DocketProof of Service by Substituted Service; Filed by Paul Brincat (Plaintiff)

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  • 06/09/2020
  • DocketProof of Service by Substituted Service; Filed by Paul Brincat (Plaintiff)

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  • 05/15/2020
  • DocketAnswer; Filed by Hof's Hut Restuarants Inc. (Defendant)

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  • 04/06/2020
  • DocketCertificate of Mailing for ([PI General Order], Standing Order re PI Procedures and Hearing Dates); Filed by Clerk

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  • 04/06/2020
  • DocketPI General Order; Filed by Clerk

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  • 03/27/2020
  • DocketSummons (on Complaint); Filed by Paul Brincat (Plaintiff)

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  • 03/26/2020
  • DocketCivil Case Cover Sheet; Filed by Paul Brincat (Plaintiff)

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  • 03/26/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 03/26/2020
  • DocketComplaint; Filed by Paul Brincat (Plaintiff)

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Tentative Rulings

Case Number: 20STCV12235    Hearing Date: March 22, 2021    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

PAUL BRINCAT,

Plaintiff(s),

vs.

BRADLEY HOFMAN, ET AL.,

Defendant(s).

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Case No.: 20STCV12235

[TENTATIVE] ORDER GRANTING MOTION FOR LEAVE TO FILE FIRST AMENDED ANSWER

Dept. 31

8:30 a.m.

March 22, 2021

Plaintiff, Paul Brincat (“Plaintiff”) filed this action against Defendants, Bradley Hofman, Natalia Hofman, and Hof’s Hut Restaurants, Inc. for damages arising out of alleged workplace accident.

At this time, Defendant Hof’s Hut Restaurants, Inc. (“Hof’s Hut”) moves for leave to file a First Amended Answer (“FAA”). Hof’s Hut seeks to assert the exclusive remedy of worker’s compensation as an affirmative defense to the complaint.

The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. CCP §§473 and 576. Judicial policy favors resolution of all disputed matters between the parties and, therefore, leave to amend is generally liberally granted. The application for leave to amend should be made as soon as the need to amend is discovered. The closer the trial date, the stronger the showing required for leave to amend. If the party seeking the amendment has been dilatory, and the delay has prejudiced the opposing party, the Court has the discretion to deny leave to amend. Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 490.

Prejudice exists where the amendment would require delaying the trial, resulting in loss of critical evidence, or added costs of preparation such as an increased burden of discovery. Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 486-488.

Hof’s Hut contends Plaintiff’s claim is barred by the exclusive remedy of worker’s compensation and seeks to add an affirmative defense asserting as much.

The motion is unopposed and granted. The trial in this action is scheduled for 9/23/21, and thus, the parties will not be prejudiced by this ruling.

Hof’s Hut is ordered to file a separate copy of its FAA within ten days. Hof’s Hut is ordered to serve Plaintiff in compliance with the Rules of Court.

Moving Defendant 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 22nd day of March, 2021

Hon. Thomas D. Long

Judge of the Superior Court

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