This case was last updated from Los Angeles County Superior Courts on 10/09/2020 at 13:14:37 (UTC).

SOFIA CHAVARRIA HERNANDEZ VS LEONARDO RODRIGUEZ ET AL

Case Summary

On 06/05/2018 SOFIA CHAVARRIA HERNANDEZ filed a Personal Injury - Motor Vehicle lawsuit against LEONARDO RODRIGUEZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are JON R. TAKASUGI, HOLLY E. KENDIG and THOMAS D. LONG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8861

  • Filing Date:

    06/05/2018

  • 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

Presiding Judges

JON R. TAKASUGI

HOLLY E. KENDIG

THOMAS D. LONG

 

Party Details

Plaintiff and Petitioner

CHAVARRIA-HERNANDEZ SOFIA

Defendants, Respondents and Cross Plaintiffs

RS CARRIERS LLC

DOES 1-20

RODRIGUEZ LEONARDO

SALAZAR OSCAR R. II

Cross Defendant

BARRERA PATRICIA

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

EISON OWILI K. ESQ.

EISON OWILI K.

Defendant and Cross Plaintiff Attorney

JUNG KAREN

Cross Defendant Attorney

GONZALEZ RODOLFO

 

Court Documents

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RESCHEDULING HEARINGS DUE TO EMERGENCY ORDERS RE:...) OF 09/04/2020

9/4/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RESCHEDULING HEARINGS DUE TO EMERGENCY ORDERS RE:...) OF 09/04/2020

Demand for Jury Trial

4/13/2020: Demand for Jury Trial

Answer - ANSWER TO CROSS-COMPLAINT

4/13/2020: Answer - ANSWER TO CROSS-COMPLAINT

Minute Order - MINUTE ORDER (HEARING ON MOTION TO CONTINUE TRIAL)

3/13/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO CONTINUE TRIAL)

Motion to Continue Trial Date

2/18/2020: Motion to Continue Trial Date

Ex Parte Application - EX PARTE APPLICATION EX PARTE APPLICATION TO CONTINUE ALL TRIAL RELATED DATES

2/18/2020: Ex Parte Application - EX PARTE APPLICATION EX PARTE APPLICATION TO CONTINUE ALL TRIAL RELATED DATES

Notice of Ruling

2/18/2020: Notice of Ruling

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE ALL RIAL RELATED ...)

2/18/2020: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE ALL RIAL RELATED ...)

Amendment to Cross-Complaint (Fictitious/Incorrect Name)

2/20/2020: Amendment to Cross-Complaint (Fictitious/Incorrect Name)

Summons - SUMMONS TO CROSS-COMPLAINT

1/23/2020: Summons - SUMMONS TO CROSS-COMPLAINT

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT)

1/14/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT)

Reply - REPLY TO OPPOSITION OF PLAINTIFF TO MOTION FOR LEAVE TO FILE CROSS-COMPLAINT

1/6/2020: Reply - REPLY TO OPPOSITION OF PLAINTIFF TO MOTION FOR LEAVE TO FILE CROSS-COMPLAINT

Declaration - DECLARATION OF RAUL J. OCAMPO IN SUPPORT OF PLAINTIFF'S OPPOSITION

12/30/2019: Declaration - DECLARATION OF RAUL J. OCAMPO IN SUPPORT OF PLAINTIFF'S OPPOSITION

Opposition - OPPOSITION TO DEFENDANT LEONARDO RODRIGUEZ'S MOTION FOR LEAVE TO FILE CROSS-COMPLAINT

12/30/2019: Opposition - OPPOSITION TO DEFENDANT LEONARDO RODRIGUEZ'S MOTION FOR LEAVE TO FILE CROSS-COMPLAINT

Motion for Leave to File a Cross-Complaint

11/27/2019: Motion for Leave to File a Cross-Complaint

Answer

9/23/2019: Answer

SUMMONS -

6/5/2018: SUMMONS -

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

6/5/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

13 More Documents Available

 

Docket Entries

  • 06/07/2021
  • Hearing06/07/2021 at 08:30 AM in Department 31 at 312 North Spring Street, Los Angeles, CA 90012; : OSC RE Dismissal

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  • 11/03/2020
  • Hearing11/03/2020 at 10:30 AM in Department 31 at 312 North Spring Street, Los Angeles, CA 90012; Trial Setting Conference

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  • 09/04/2020
  • Docketat 2:14 PM in Department 31, Thomas D. Long, Presiding; Court Order

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  • 09/04/2020
  • DocketMinute Order ( (Court Order Rescheduling Hearings due to Emergency Orders Re:...)); Filed by Clerk

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  • 09/04/2020
  • DocketCertificate of Mailing for ((Court Order Rescheduling Hearings due to Emergency Orders Re:...) of 09/04/2020); Filed by Clerk

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  • 05/12/2020
  • Docketat 08:30 AM in Department 31, Thomas D. Long, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court

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  • 04/29/2020
  • Docketat 10:00 AM in Department 31, Thomas D. Long, Presiding; Final Status Conference - Not Held - Advanced and Continued - by Court

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  • 04/13/2020
  • DocketDemand for Jury Trial; Filed by Patricia Barrera (Cross-Defendant)

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  • 04/13/2020
  • DocketAnswer (to Cross-Complaint); Filed by Patricia Barrera (Cross-Defendant)

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  • 03/23/2020
  • DocketProof of Mailing (Substituted Service); Filed by Leonardo Rodriguez (Cross-Complainant)

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16 More Docket Entries
  • 12/05/2019
  • Docketat 08:30 AM in Department 3, Holly E. Kendig, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 11/27/2019
  • DocketMotion for Leave to File a Cross-Complaint; Filed by Leonardo Rodriguez (Defendant)

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  • 11/19/2019
  • Docketat 10:00 AM in Department 3, Holly E. Kendig, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 11/08/2019
  • DocketProof of Personal Service; Filed by Sofia Chavarria-Hernandez (Plaintiff)

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  • 09/26/2019
  • Docket[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Leonardo Rodriguez (Defendant)

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  • 09/23/2019
  • DocketAnswer; Filed by Leonardo Rodriguez (Defendant)

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  • 05/09/2019
  • DocketProof of Service by Substituted Service; Filed by Sofia Chavarria-Hernandez (Plaintiff)

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  • 06/05/2018
  • DocketSUMMONS

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  • 06/05/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 06/05/2018
  • DocketComplaint; Filed by Sofia Chavarria-Hernandez (Plaintiff)

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Tentative Rulings

Case Number: BC708861    Hearing Date: March 13, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

SOFIA CHAVARRIA-HERNANDEZ,

Plaintiff(s),

vs.

LEONARDO RODRIGUEZ, ET AL.,

Defendant(s).

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CASE NO: BC708861

[TENTATIVE] ORDER GRANTING DEFENDANT’S UNOPPOSED MOTION TO CONTINUE TRIAL

Dept. 31

1:30 p.m.

March 13, 2020

Plaintiff, Sofia Chavarria-Hernandez filed this action against Defendants, Leonardo Rodriguez and RS Carriers, LLC for damages arising out of an automobile accident. Plaintiff filed the lawsuit on 6/05/18. The parties once previously stipulated to continue the trial date, which is now set for 5/12/20.

At this time, Defendant moves to continue the trial date from 5/12/20 for an unspecified duration. Defendant shows the continuance is necessary because he recently filed a cross-complaint against Patricia Barrera, who allegedly negligently entrusted Plaintiff’s vehicle to Plaintiff. Defendant filed his cross-complaint on 1/16/20, and Barrera has not yet filed an answer to the cross-complaint.

The Court finds the moving papers sufficiently show good cause to continue the trial date; notably, the motion is unopposed. The Court finds a six-month continuance is necessary and appropriate under the circumstances. The 5/12/20 trial date is advanced to today’s date and continued to Tuesday, 11/17/20 at 8:30 a.m. in Department 31 of the Spring Street Courthouse. The 4/29/20 FSC date is advanced to today’s date and continued to Tuesday, 11/03/20 at 10:00 a.m. in Department 31.

All discovery and expert cut-offs are extended to reflect the new trial date.

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.

Dated this 13th day of March, 2020

Hon. Thomas D. Long

Judge of the Superior Court

Case Number: BC708861    Hearing Date: January 14, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

SOFIA CHAVARRIA HERNANDEZ,

Plaintiff(s),

vs.

LEONARDO RODRIGUEZ, ET AL.,

Defendant(s).

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Case No.: BC708861

[TENATATIVE] ORDER GRANTING DEFENDANT’S MOTION FOR LEAVE TO FILE CROSS-COMPLAINT

Dept. 3

1:30 p.m.

January 14, 2020

1. Background Facts

Plaintiff, Sofia Chavarria Hernandez filed this action against Defendants, Leonardo Rodriguez and RS Carriers, LLC for damages arising out of an automobile accident.  Plaintiff filed the complaint on 6/05/18.  She filed proof of service of the summons and complaint on Rodriguez on 5/09/19, and Rodriguez filed an answer on 9/23/19. 

2. Motion to File Cross-Complaint

a. Relief Sought

At this time, Rodriguez seeks leave to file a cross-complaint against Patricia Barrera, contending Barrera negligently entrusted the vehicle Plaintiff was driving to Plaintiff, who was not licensed at the time of the accident.  Rodriguez seeks leave to cross-complain against Barrera for indemnification, negligent entrustment, tort of another, contribution, and declaratory relief.

b. Law Governing Filing of Cross-Complaint

A cross-complaint against any of the parties who filed the initial complaint or cross-complaint against the cross-complainant must be filed before or at the same time as the answer to the initial complaint or cross-complaint, which answer must be filed within 30 days of service of the complaint or cross-complaint.  (CCP §§ 412.20(a)(3), 428.50(a), 432.10.)  Any other cross-complaint may be filed at any time before the court has set a trial date.  (CCP §428.50(b).)  If a party fails to file a cross-complaint within the time limits described above, he or she must obtain permission from the court to file the cross-complaint.  (CCP §§ 426.50, 428.50(c).)  Permission to file a permissive cross-complaint may be granted in the interest of justice at any time during the course of the action.  (CCP § 428.50(c).)

c. Analysis

Plaintiff opposes the motion, arguing Rodriguez engaged in a bad faith delay in seeking leave to file a cross-complaint.  Rodriguez filed this motion only two months after he appeared in the action.  Rodriguez shows that he acted promptly upon appearing in the action, as he immediately served discovery; he received Plaintiff’s responses to discovery on 11/15/19, which responses revealed Plaintiff’s unlicensed status and the owner of the vehicle, and filed this motion just over a week later.   

Plaintiff failed to show delay and/or bad faith.  Additionally, Plaintiff cannot show prejudice.  Trial is not scheduled until 5/12/20, and will likely need to be continued in light of Plaintiff’s delay in serving Defendant with the summons and complaint.  Notably, Plaintiff has not, to date, filed proof of service of the summons and complaint on Co-Defendant, RS Carriers. 

Moving Defendant is ordered to file a separate copy of the cross-complaint within five days.  Defendant is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept3@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.