This case was last updated from Los Angeles County Superior Courts on 06/11/2019 at 09:47:42 (UTC).

RACHAEL WENDEL ET AL VS MARIN MARQUEZ ET AL

Case Summary

On 12/07/2017 RACHAEL WENDEL filed a Personal Injury - Motor Vehicle lawsuit against MARIN MARQUEZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is CHRISTOPHER K. LUI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6002

  • Filing Date:

    12/07/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

CHRISTOPHER K. LUI

 

Party Details

Plaintiffs and Petitioners

WENDEL TIMOTHY

WENDEL RACHAEL

Defendants and Respondents

STAR TRUCKING INC LONE

STYLINE LOGISTICS INC.

LONE STAR TRUCKING GROUP INC.

DOES 1 TO 100

STYLINE TRANSPORTATION INC.

OFS BRANDS INC.

LONE STAR TRUCKING LLC

STYLINE LOGISTICS

MARQUEZ MARIN

LOGISTICS STYLINE

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

MOREY & UPTON LLP

Defendant Attorneys

KIEFER MARK

MCNAMARA KEVIN P

 

Court Documents

Proof of Personal Service

11/26/2018: Proof of Personal Service

Proof of Personal Service

11/26/2018: Proof of Personal Service

Proof of Service by Substituted Service

11/28/2018: Proof of Service by Substituted Service

Proof of Service by Substituted Service

12/7/2018: Proof of Service by Substituted Service

Proof of Service by Substituted Service

12/7/2018: Proof of Service by Substituted Service

Proof of Service by Substituted Service

12/7/2018: Proof of Service by Substituted Service

Answer

12/17/2018: Answer

Answer

12/19/2018: Answer

Notice of Posting of Jury Fees

12/27/2018: Notice of Posting of Jury Fees

Answer

12/27/2018: Answer

Stipulation to Continue Trial/FSC [and Related Motion/Discovery Dates] Personal Injury Courts Only (Department 91, 92, 93, 97)

4/5/2019: Stipulation to Continue Trial/FSC [and Related Motion/Discovery Dates] Personal Injury Courts Only (Department 91, 92, 93, 97)

SUMMONS

12/7/2017: SUMMONS

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

12/7/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

1 More Documents Available

 

Docket Entries

  • 06/07/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 05/23/2019
  • at 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 04/05/2019
  • [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Rachael Wendel (Plaintiff); Timothy Wendel (Plaintiff)

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  • 12/27/2018
  • Answer; Filed by Lone Star Trucking, LLC (Defendant)

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  • 12/27/2018
  • Notice of Posting of Jury Fees; Filed by Lone Star Trucking, LLC (Defendant)

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  • 12/19/2018
  • Answer; Filed by Marin Marquez (Defendant)

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  • 12/17/2018
  • Answer; Filed by Styline Logistics, Inc. (Defendant)

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  • 12/07/2018
  • Proof of Service by Substituted Service; Filed by Rachael Wendel (Plaintiff)

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  • 12/07/2018
  • Proof of Service by Substituted Service (Of Summons); Filed by Rachael Wendel (Plaintiff)

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  • 12/07/2018
  • Proof of Service by Substituted Service; Filed by Rachael Wendel (Plaintiff)

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  • 11/28/2018
  • Proof Of Service Of Summons; Filed by Rachael Wendel (Plaintiff)

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  • 11/26/2018
  • Proof of Personal Service; Filed by Rachael Wendel (Plaintiff); Timothy Wendel (Plaintiff)

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  • 11/26/2018
  • Proof of Personal Service; Filed by Rachael Wendel (Plaintiff); Timothy Wendel (Plaintiff)

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  • 12/07/2017
  • Complaint; Filed by Rachael Wendel (Plaintiff); Timothy Wendel (Plaintiff)

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  • 12/07/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 12/07/2017
  • SUMMONS

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Tentative Rulings

Case Number: BC686002    Hearing Date: August 24, 2020    Dept: 28

Motion to Continue Trial and Related Dates

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On December 7, 2017, Plaintiffs Rachael Wendel and Timothy Wendel (collectively “Plaintiffs”) filed a complaint against Defendants Styline Logistics, Inc., Styline Transportation, Inc., Styline Logistics, OFS Brands Inc., Star Trucking Inc. Lone, Lone Star Trucking Group, Inc., and Marin Marquez.  Plaintiffs allege motor vehicle negligence and loss of consortium in the complaint arising from an incident involving an automobile on December 8, 2015.

On February 13, 2020, Defendants Styline Logistics, Inc. dba Styline Logistics and Marin Marquez filed a motion to continue trial pursuant to California Rules of Court, rule 3.1332.

On February 24, 2020, the Court continued the hearing on the motion to March 26, 2020.

On March 18, 2020, the Court continued the hearing on the motion to May 29, 2020.

On April 21, 2020, the Court continued the hearing on the motion to August 24, 2020.

An Order to Show Cause Re: Dismissal is scheduled for December 7, 2020.

PARTIES’ REQUESTS

Defendants Styline Logistics, Inc. dba Styline Logistics and Marin Marquez (“Moving Defendants”) ask the Court to continue trial to September 21, 2020 and the final status conference to September 9, 2020, relating all discovery cut of dates to relate to the September 21, 2020 trial date.

LEGAL STANDARD

Pursuant to California Rules of Court, rule 3.1332, subdivision (a), “[t]o ensure the prompt disposition of civil cases, the dates assigned for a trial are firm.  All parties and their counsel must regard the date set for trial as certain.”  Under California Rules of Court, rule 3.1332, subdivision (b), “[a] party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations.  The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.”

California Rules of Court, rule 3.1332, subdivision (c) states that “[a]lthough continuances of trials are disfavored, each request for a continuance must be considered on its own merits.  The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.”  California Rules of Court, rule 3.1332, subdivision (d) sets forth factors that are relevant in determining whether to grant a continuance.

California Code of Civil Procedure section 2024.050 allows a court to grant leave to complete discovery proceedings.  In doing so, a court shall consider matters relevant to the leave requested, including, but not limited to: (1) the necessity of the discovery, (2) the diligence in seeking the discovery or discovery motion, (3) the likelihood of interference with the trial calendar or prejudice to a party, and (4) the length of time that has elapsed between previous trial dates.  (Code Civ. Proc. § 2024.050.)

DISCUSSION

The Court vacated trial and related dates on March 18, 2020 after Moving Defendants filed the instant motion..  Trial is not currently set.  As such, the motion is moot.

CONCLUSION

The motion is DENIED as MOOT.  Nonetheless, rather than require the parties to appear for a later trial setting, the court sets the matter for trial on April 30, 2021 at 8:30 a.m. in Department 28 and for Final Status Conference on April 16, 2021 at 10:00 a.m. in Department 28.  The parties may appear at the August 24, 2020 hearing of this matter if these dates conflict with any party or party’s counsel’s calendar.  

Moving Defendant is ordered to give notice of this ruling.

The parties are directed to the header of this tentative ruling for further instructions.

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