This case was last updated from Los Angeles County Superior Courts on 10/03/2021 at 13:50:32 (UTC).

RICHARD KINSELLA VS JOSE JESUS FLORES, ET AL.

Case Summary

On 01/31/2020 RICHARD KINSELLA filed a Personal Injury - Other Personal Injury lawsuit against JOSE JESUS FLORES. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judges overseeing this case are AUDRA MORI, THOMAS D. LONG and CHARLES C. LEE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4220

  • Filing Date:

    01/31/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

AUDRA MORI

THOMAS D. LONG

CHARLES C. LEE

 

Party Details

Plaintiff

KINSELLA RICHARD

Defendants

GAINER TROY

FLORES JOSE JESUS

Attorney/Law Firm Details

Defendant and Plaintiff Attorneys

STEINER JON MATTHEW

WILLIAMS CLAIRE

WILLIAMS CLAIRE ETTEMA

 

Court Documents

Motion to Compel - MOTION TO COMPEL NOTICE OF MOTION AND MOTION FOR LEAVE TO CONDUCT A MENTAL EXAMINATION OF PLAINTIFF; DECLARATION OF CLAIRE WILLIAMS

9/20/2021: Motion to Compel - MOTION TO COMPEL NOTICE OF MOTION AND MOTION FOR LEAVE TO CONDUCT A MENTAL EXAMINATION OF PLAINTIFF; DECLARATION OF CLAIRE WILLIAMS

Separate Statement

9/20/2021: Separate Statement

Separate Statement

9/29/2021: Separate Statement

Declaration - DECLARATION DEFENDANTS APPENDIX OF EVIDENCE, INCLUDING: DECLARATIONS AND EXHIBITS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION

9/29/2021: Declaration - DECLARATION DEFENDANTS APPENDIX OF EVIDENCE, INCLUDING: DECLARATIONS AND EXHIBITS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION

Motion for Summary Judgment

9/29/2021: Motion for Summary Judgment

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

7/16/2021: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Reply - REPLY REPLY IN SUPPORT OF MOTION FOR PROTECTIVE ORDER WITH RESPECT TO DEFENDANT TROY GAINERS DEPOSITION

6/16/2021: Reply - REPLY REPLY IN SUPPORT OF MOTION FOR PROTECTIVE ORDER WITH RESPECT TO DEFENDANT TROY GAINERS DEPOSITION

Minute Order - MINUTE ORDER (HEARING ON MOTION BY DEFENDANT TROY GAINER FOR PROTECTIVE ORDER;)

6/23/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION BY DEFENDANT TROY GAINER FOR PROTECTIVE ORDER;)

Notice of Lodging - NOTICE OF LODGING NOTICE OF LODGING OF DEPOSITION IN SUPPORT OF MOTION FOR PROTECTIVE ORDER

5/26/2021: Notice of Lodging - NOTICE OF LODGING NOTICE OF LODGING OF DEPOSITION IN SUPPORT OF MOTION FOR PROTECTIVE ORDER

[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

5/26/2021: [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

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO STAY THE TAKING OF DEFENDA...)

5/26/2021: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO STAY THE TAKING OF DEFENDA...)

Ex Parte Application - EX PARTE APPLICATION TO STAY THE TAKING OF DEFENDANTS DEPOSITION UNTIL HEARING AND DETERMINATION OF DEFENDANTS MOTION FOR A PROTECTIVE ORDER

5/26/2021: Ex Parte Application - EX PARTE APPLICATION TO STAY THE TAKING OF DEFENDANTS DEPOSITION UNTIL HEARING AND DETERMINATION OF DEFENDANTS MOTION FOR A PROTECTIVE ORDER

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [[PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)]

5/26/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [[PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)]

Motion for Protective Order

5/26/2021: Motion for Protective Order

Opposition - OPPOSITION PLAINTIFFS OPPOSITION TO MOTION AND MOTION FOR PROTECTIVE ORDER WITH RESPECT TO DEFENDANT TROY GAINERS DEPOSITION, AND A REQUEST FOR MONETARY SANCTIONS ON PLAINTIFF AND COUNS

6/10/2021: Opposition - OPPOSITION PLAINTIFFS OPPOSITION TO MOTION AND MOTION FOR PROTECTIVE ORDER WITH RESPECT TO DEFENDANT TROY GAINERS DEPOSITION, AND A REQUEST FOR MONETARY SANCTIONS ON PLAINTIFF AND COUNS

Informal Discovery Conference Form for Personal Injury Courts

1/27/2021: Informal Discovery Conference Form for Personal Injury Courts

Informal Discovery Conference

1/27/2021: Informal Discovery Conference

Notice - NOTICE NOTICE THAT DEFENDANTS MOTION TO COMPEL FURTHER RESPONSES TO THE REQUESTS FOR ADMISSION, SET 1, AND MOTION FOR ORDER COMPELLING FURTHER RESPONSES TO FORM INTERROGATORIES, SET 1, HAVE

2/3/2021: Notice - NOTICE NOTICE THAT DEFENDANTS MOTION TO COMPEL FURTHER RESPONSES TO THE REQUESTS FOR ADMISSION, SET 1, AND MOTION FOR ORDER COMPELLING FURTHER RESPONSES TO FORM INTERROGATORIES, SET 1, HAVE

43 More Documents Available

 

Docket Entries

  • 01/27/2023
  • Hearing01/27/2023 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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  • 01/31/2022
  • Hearing01/31/2022 at 08:30 AM in Department 31 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 01/12/2022
  • Hearing01/12/2022 at 10:00 AM in Department 31 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 12/22/2021
  • Hearing12/22/2021 at 1:30 PM in Department 31 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Joinder to Motion for Summary Judgment / Adjudication

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  • 12/07/2021
  • Hearing12/07/2021 at 1:30 PM in Department 31 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Mental Examination of Plaintiff

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  • 09/29/2021
  • DocketDeclaration (DEFENDANTS APPENDIX OF EVIDENCE, INCLUDING: DECLARATIONS AND EXHIBITS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION); Filed by Troy Gainer (Defendant)

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  • 09/29/2021
  • DocketSeparate Statement; Filed by Troy Gainer (Defendant)

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  • 09/29/2021
  • DocketMotion for Summary Judgment (FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION); Filed by Troy Gainer (Defendant)

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  • 09/20/2021
  • DocketMotion to Compel (NOTICE OF MOTION AND MOTION FOR LEAVE TO CONDUCT A MENTAL EXAMINATION OF PLAINTIFF; DECLARATION OF CLAIRE WILLIAMS); Filed by Jose Jesus Flores (Defendant); Troy Gainer (Defendant)

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  • 09/20/2021
  • DocketSeparate Statement; Filed by Jose Jesus Flores (Defendant); Troy Gainer (Defendant)

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59 More Docket Entries
  • 04/15/2020
  • DocketMinute Order ( (Court Order Re Continuance of Motion Pursuant to Emergency Or...)); Filed by Clerk

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  • 04/14/2020
  • DocketReply (ISO MTS for Punitive Damages); Filed by Troy Gainer (Defendant)

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  • 04/10/2020
  • DocketOpposition (PLAINTIFF?S OPPOSITION TO MOTION TO STRIKE BY DEFENDANT TROY GAINER AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF); Filed by Richard Kinsella (Plaintiff)

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  • 04/10/2020
  • DocketNotice (Notice of Non-Opp to Demurrer by Defendant Troy Gainer); Filed by Richard Kinsella (Plaintiff)

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  • 03/20/2020
  • DocketDemurrer - with Motion to Strike (CCP 430.10); Filed by Troy Gainer (Defendant)

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  • 03/20/2020
  • DocketMotion to Strike (not initial pleading); Filed by Troy Gainer (Defendant)

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  • 01/31/2020
  • DocketCivil Case Cover Sheet; Filed by Richard Kinsella (Plaintiff)

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  • 01/31/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 01/31/2020
  • DocketSummons (on Complaint); Filed by Richard Kinsella (Plaintiff)

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  • 01/31/2020
  • DocketComplaint; Filed by Richard Kinsella (Plaintiff)

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Tentative Rulings

Case Number: 20STCV04220    Hearing Date: August 11, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

RICHARD KINSELLA,

Plaintiff(s),

vs.

JOSE JESUS FLORES, ET AL.,

Defendant(s).

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Case No.: 20STCV04220

[TENTATIVE] ORDER SUSTAINING DEMURRER WITHOUT LEAVE TO AMEND; GRANTING MOTION TO STRIKE WITHOUT LEAVE TO AMEND

Dept. 31

3:30 p.m.

August 11, 2020

  1. Allegations of the Complaint

    Plaintiff, Richard Kinsella filed this action against Defendants, Jose Jesus Flores and Troy Gainer for damages arising out of an assault and battery. Plaintiff’s complaint includes causes of action for general negligence, assault and battery, and premises liability. Plaintiff alleges “Defendants…intentionally struck, touched, and handled Plaintiff with a high powered water hose, with great bodily force, causing Plaintiff to sustain injuries and damages…”

  2. Demurrer

    Defendant, Gainer demurs to the second cause of action for assault and battery, contending the elements of battery are not pled. Plaintiff, on 4/10/20, filed a Notice of Non-Opposition to the demurrer. In light of the notice, the demurrer to the second cause of action is sustained without leave to amend.

  3. Motion to Strike

    Defendant moves to strike the prayer for punitive damages against her, contending it rises and falls with the deficiently pled second cause of action for assault and battery. Plaintiff opposes the motion, arguing Defendant knew about and ratified Co-Defendant, Flores’s conduct, such that punitive damages are appropriately sought against Moving Defendant.

    As an initial note, while the complaint alleges that both of the defendants engaged in the battery that forms the basis of the complaint, the parties appear to agree that Flores, and not Gainer, personally engaged in the subject battery.

    Because the second cause of action is no longer pled against Gainer, the issue is whether the first and/or third cause of action pleads facts sufficient to state a claim for punitive damages against her. As noted above, the first and third causes of action are for general negligence and premises liability. These causes of action do not typically support imposition of punitive damages. Notably, Plaintiff’s opposition to the motion specifically concedes, at page 4, lines 16-19, that Plaintiff currently lacks facts to demonstrate the requirements for a prayer for punitive damages against Gainer. Plaintiff goes on to speculate that the relationship between Flores and Gainer may be such that imposition of punitive damages on Gainer could be appropriate.

    The Court finds the general negligence and premises liability causes of action do not support a claim for punitive damages against Gainer, and therefore the motion to strike is granted. Because Plaintiff concedes he currently lacks facts to support the punitive damages claim, leave to amend is denied. The ruling is without prejudice to Plaintiff’s right to file a motion for leave to amend if, during the course of the litigation, Plaintiff learns of facts that would support imposition of punitive damages against Gainer.

    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 11th day of August, 2020

Hon. Thomas D. Long

Judge of the Superior Court

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