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This case was last updated from Los Angeles County Superior Courts on 10/04/2019 at 01:15:28 (UTC).

PERRIS SMITH VS SMARTPARKS SAN DIMAS INC

Case Summary

On 06/22/2017 PERRIS SMITH filed a Personal Injury - Other Personal Injury lawsuit against SMARTPARKS SAN DIMAS INC. 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:

    ****6190

  • Filing Date:

    06/22/2017

  • 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

Presiding Judge

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff and Petitioner

SMITH PERRIS

Defendants and Respondents

SMARTPARKS-SAN DIMAS INC

DOES 1 TO 50

FESTIVAL FUN PARKS-SMARTPARKS-SAN DIMAS

DIMAS FESTIVAL FUN PARKS-SMARTPARKS-SAN

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

VAZIRI SIAMAK ESQ.

Defendant and Respondent Attorneys

AMARO MICHAEL L. ESQ.

BALDWIN RUDIE DANE

 

Court Documents

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

10/2/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

7/15/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE NOTICE OF SETTLEMENT OF ENTIRE ...)

5/8/2019: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE NOTICE OF SETTLEMENT OF ENTIRE ...)

Notice of Settlement

5/8/2019: Notice of Settlement

Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE NOTICE OF SETTLEMENT OF ENTIRE ...) OF 05/08/2019

5/8/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE NOTICE OF SETTLEMENT OF ENTIRE ...) OF 05/08/2019

Trial Brief

3/28/2019: Trial Brief

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

4/3/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Notice of Ruling

4/4/2019: Notice of Ruling

Motion in Limine - MOTION IN LIMINE MOTION IN LIMINE NO. 2

3/8/2019: Motion in Limine - MOTION IN LIMINE MOTION IN LIMINE NO. 2

Motion in Limine - MOTION IN LIMINE MOTION IN LIMINE NO. 3

3/8/2019: Motion in Limine - MOTION IN LIMINE MOTION IN LIMINE NO. 3

Motion in Limine - MOTION IN LIMINE MOTION IN LIMINE NO. 4

3/8/2019: Motion in Limine - MOTION IN LIMINE MOTION IN LIMINE NO. 4

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Perso

12/13/2018: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Perso

Notice of Ruling

12/17/2018: Notice of Ruling

NOTICE OF POSTING JURY FEES

12/22/2017: NOTICE OF POSTING JURY FEES

ANSWER TO COMPLAINT

12/22/2017: ANSWER TO COMPLAINT

CIVIL DEPOSIT

12/22/2017: CIVIL DEPOSIT

SUMMONS -

6/22/2017: SUMMONS -

PROOF OF SERVICE SUMMONS -

7/6/2017: PROOF OF SERVICE SUMMONS -

10 More Documents Available

 

Docket Entries

  • 01/28/2020
  • Hearing01/28/2020 at 08:30 AM in Department 5 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 10/02/2019
  • Docketat 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Continued - Stipulation

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  • 10/02/2019
  • DocketMinute Order ( (Order to Show Cause Re: Dismissal (Settlement))); Filed by Clerk

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  • 09/27/2019
  • Docketat 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 09/13/2019
  • Docketat 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 07/16/2019
  • DocketNotice of Ruling; Filed by Perris Smith (Plaintiff)

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  • 07/15/2019
  • Docketat 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Continued - Party's Motion

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  • 07/15/2019
  • DocketMinute Order ( (Order to Show Cause Re: Dismissal (Settlement))); Filed by Clerk

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  • 05/08/2019
  • Docketat 2:41 PM in Department 5, Stephen I. Goorvitch, Presiding; Non-Appearance Case Review

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  • 05/08/2019
  • DocketMinute Order ( (Non-Appearance Case Review Re Notice of Settlement of Entire ...)); Filed by Clerk

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18 More Docket Entries
  • 12/22/2017
  • DocketAnswer; Filed by FESTIVAL FUN PARKS-Smartparks-San Dimas (Defendant)

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  • 12/22/2017
  • DocketCIVIL DEPOSIT

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  • 12/22/2017
  • DocketANSWER TO COMPLAINT

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  • 12/22/2017
  • DocketMiscellaneous-Other; Filed by FESTIVAL FUN PARKS-Smartparks-San Dimas (Defendant)

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  • 12/22/2017
  • DocketNotice; Filed by FESTIVAL FUN PARKS-Smartparks-San Dimas (Defendant)

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  • 07/06/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 07/06/2017
  • DocketProof-Service/Summons; Filed by Perris Smith (Plaintiff)

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  • 06/22/2017
  • DocketCOMPLAINT FOR DAMAGES: 1. PREMISES LIABILITY; ETC

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  • 06/22/2017
  • DocketComplaint; Filed by Perris Smith (Plaintiff)

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  • 06/22/2017
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC666190    Hearing Date: March 19, 2021    Dept: 32

PLEASE NOTE: Parties who intend to submit on this tentative must send an email to the court at sscdept32@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 in-person or remotely.

TENTATIVE RULING

DEPARTMENT

32

HEARING DATE

March 19, 2021

CASE NUMBER

BC666190

MOTION

Motion to Substitute Successor in Interest as Plaintiff

MOVING PARTY

Successor April Rey

OPPOSING PARTY

Defendant Festival Fun Parks, LLC

MOTION

Decedent Perris Smith (“Decedent”) sued Defendant Festival Fun Parks, LLC (“Defendant”) based on a waterslide accident. Decedent died on June 7, 2019. His heir, April Rey (“Successor”), moves the Court for an order to maintain this action as Decedent’s successor in interest. Defendant opposes the motion.

ANALYSIS

A decedent’s successor in interest is the “beneficiary of the decedent's estate or other successor in interest who succeeds to a cause of action or to a particular item of the property that is the subject of a cause of action.” (Code Civ. Proc., § 377.11.) “A pending action or proceeding does not abate by the death of a party if the cause of action survives.” (Code Civ. Proc., § 377.21.) “On motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent's personal representative or, if none, by the decedent's successor in interest.” (Code Civ. Proc., § 377.31.)

Successor has submitted a declaration in support of the motion, in which she provides all information that Code of Civil Procedure section 377.32 requires. Accordingly, the motion is granted. Successor is the successor in interest for Decedent.

In opposition, Defendant argues that it reached a settlement with Decedent. Decedent did not file a dismissal of this action per the settlement. As such, the Court retains jurisdiction in this case. If Defendant and Decedent reached a binding settlement of Decedent’s claims, then Defendant may raise that settlement as a defense.

As Defendant points out, Successor delayed more than 19 months in bringing this motion. Nonetheless, the Court is not convinced that is a basis for denial of Successor’s motion.

Successor is ordered to provide notice of this order and file a proof of service of such.

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