This case was last updated from Los Angeles County Superior Courts on 07/18/2019 at 01:53:39 (UTC).

RACHQUEL OLIVIA NESBIT VS NORMAN ANTONIO GUZMAN ET AL

Case Summary

On 01/23/2018 a Personal Injury - Motor Vehicle case was filed by RACHQUEL OLIVIA NESBIT against NORMAN ANTONIO GUZMAN 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:

    ****1072

  • Filing Date:

    01/23/2018

  • 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

LAURA A. SEIGLE

 

Party Details

Plaintiff and Petitioner

NESBIT RACHQUEL OLIVIA

Respondents and Defendants

GUZMAN GLORIA

GUZMAN JUAN ANTONIO

DOES 1 TO 100

GUZMAN NORMAN ANTONIO

 

Court Documents

PROOF OF SERVICE OF SUMMONS

2/1/2018: PROOF OF SERVICE OF SUMMONS

PROOF OF SERVICE OF SUMMONS

2/1/2018: PROOF OF SERVICE OF SUMMONS

PROOF OF SERVICE OF SUMMONS

2/1/2018: PROOF OF SERVICE OF SUMMONS

Notice of Deposit - Jury

1/22/2019: Notice of Deposit - Jury

Notice of Change of Firm Name

2/13/2019: Notice of Change of Firm Name

Association of Attorney

5/30/2019: Association of Attorney

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

7/5/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person

DEMAND FOR JURY TRAIL

3/5/2018: DEMAND FOR JURY TRAIL

ANSWER TO UNVERIFIED COMPLAINT

3/5/2018: ANSWER TO UNVERIFIED COMPLAINT

SUMMONS

1/23/2018: SUMMONS

COMPLAINT FOR PERSONAL INJURIES

1/23/2018: COMPLAINT FOR PERSONAL INJURIES

 

Docket Entries

  • 07/09/2019
  • at 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 07/05/2019
  • [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Norman Antonio Guzman (Defendant); Juan Antonio Guzman (Defendant); Gloria Guzman (Defendant)

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  • 05/30/2019
  • Association of Attorney; Filed by Rachquel Olivia Nesbit (Plaintiff)

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  • 02/13/2019
  • Notice of Change of Firm Name; Filed by Norman Antonio Guzman (Defendant); Juan Antonio Guzman (Defendant); Gloria Guzman (Defendant)

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  • 01/22/2019
  • Notice of Deposit - Jury; Filed by Rachquel Olivia Nesbit (Plaintiff)

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  • 03/05/2018
  • Answer; Filed by Norman Antonio Guzman (Defendant); Juan Antonio Guzman (Defendant); Gloria Guzman (Defendant)

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  • 03/05/2018
  • Demand for Jury Trial; Filed by Norman Antonio Guzman (Defendant); Juan Antonio Guzman (Defendant); Gloria Guzman (Defendant)

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  • 03/05/2018
  • ANSWER TO UNVERIFIED COMPLAINT

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  • 03/05/2018
  • DEMAND FOR JURY TRAIL

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  • 02/01/2018
  • PROOF OF SERVICE OF SUMMONS

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  • 02/01/2018
  • PROOF OF SERVICE OF SUMMONS

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  • 02/01/2018
  • Proof-Service/Summons; Filed by Rachquel Olivia Nesbit (Plaintiff)

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  • 02/01/2018
  • Proof-Service/Summons; Filed by Rachquel Olivia Nesbit (Plaintiff)

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  • 02/01/2018
  • Proof-Service/Summons; Filed by Rachquel Olivia Nesbit (Plaintiff)

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  • 02/01/2018
  • PROOF OF SERVICE OF SUMMONS

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  • 01/23/2018
  • COMPLAINT FOR PERSONAL INJURIES

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  • 01/23/2018
  • SUMMONS

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  • 01/23/2018
  • Complaint; Filed by Rachquel Olivia Nesbit (Plaintiff)

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Tentative Rulings

Case Number: BC691072    Hearing Date: November 07, 2019    Dept: 4B

[TENTATIVE] ORDER RE: MOTION TO SET ASIDE NOTICE OF SETTLEMENT

On January 23, 2018, plaintiff Rachquel Olivia Nesbit filed this action against defendants Norman Antonio Guzman, Juan Antonio Guzman, and Gloria Guzman (collectively, “Defendants”). Defendants filed an Answer on March 5, 2018. On August 20, 2019, Plaintiff filed a notice of settlement. Plaintiff now seeks to set aside the notice of settlement and requests a trial date. The motion is unopposed.

Plaintiff requests the Court set aside the settlement on the grounds that her counsel initially believed the matter was settled, but that Plaintiff later telephoned counsel and informed her that she did not want to accept the amount that Defendant was offering to resolve her claim. Plaintiff has not signed any waiver or release, nor did she represent to the court that she was agreeing to settle her claims. Plaintiff contends no legally binding agreement exists to settle her claim, and that this is sufficient to set aside the notice of settlement. (Irvine v. Regents of the University of California (2007) 149Cal.App.4th 994, 1001-02 (“By alleging a dispute over whether the parties reached a binding settlement, plaintiff demonstrated good cause to restore the case to the civil active list.”).)

Accordingly, Plaintiff’s unopposed motion to set aside the notice of settlement is GRANTED. Trial is set for March 25, 2020. Final Status Conference is set for March 11, 2020. All dates are based on the new trial date.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.