This case was last updated from Los Angeles County Superior Courts on 10/28/2020 at 22:35:14 (UTC).

SUBRINA MILLER VS TURNER CONSTRUSTION COMPANY ET AL

Case Summary

On 08/09/2017 SUBRINA MILLER filed a Personal Injury - Other Personal Injury lawsuit against TURNER CONSTRUSTION COMPANY. This case was filed in Los Angeles County Superior Courts, Torrance Courthouse located in Los Angeles, California. The Judges overseeing this case are GEORGINA T. RIZK, DEIRDRE HILL, KRISTIN S. ESCALANTE, RAMONA G. SEE and MARK A. BORENSTEIN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1507

  • Filing Date:

    08/09/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Torrance Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

GEORGINA T. RIZK

DEIRDRE HILL

KRISTIN S. ESCALANTE

RAMONA G. SEE

MARK A. BORENSTEIN

 

Party Details

Plaintiff and Petitioner

MILLER SUBRINA

Defendants, Respondents, Cross Plaintiffs and Cross Defendants

THE BAKEWELL COMPANY OF CALIFORNIA LLC

TURNER CONSTRUCION COMPANY

DOES 1 TO 100

BERNARDS BROS INC.

INGLEWOOD UNIFIED SCHOOL DISTRICT

ORNELAS ENTERPRISES INC. DBA ORNELAS ELECTRICAL CONSTRUCTION

CITY COMMERCIAL PLUMBING INC.

PROGRESSIVE ROOFING DOE 4

INGLEWOOD UNIFIED SCHOOL DISTRICT;

ROES 1 - 20

ROES 1-20

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

ARTER LEE C. ESQ.

TALMOR ORLY SHERY

Defendant, Respondent and Cross Defendant Attorneys

MCDERMOTT SAM L. ESQ.

IVIE RICKEY

JOHNSON CATIE R

SCHULTZ GRETA MICHELLE

OTIS CASEY

NIEMANN ANNA JEANNE

Defendant and Respondent Attorney

MCDERMOTT SAM L. ESQ.

Defendant, Cross Plaintiff and Cross Defendant Attorneys

IVIE RICKEY

NIEMANN ANNA JEANNE

GABROY REBECCA M.

KESSEL ELIZABETH MARY

LUMSDEN JAMES C

 

Court Documents

Opposition - OPPOSITION OPPOSITION AND OBJECTION TO DEFENDANT BAKEWELL COMPANY'S UNTIMELY SERVICE OF MOTION FOR SUMMARY JUDGMENT

8/5/2020: Opposition - OPPOSITION OPPOSITION AND OBJECTION TO DEFENDANT BAKEWELL COMPANY'S UNTIMELY SERVICE OF MOTION FOR SUMMARY JUDGMENT

Proof of Service (not Summons and Complaint)

7/27/2020: Proof of Service (not Summons and Complaint)

Separate Statement - SEPARATE STATEMENT IN SUPPORT OF OPPOSITION

7/28/2020: Separate Statement - SEPARATE STATEMENT IN SUPPORT OF OPPOSITION

Opposition - PLAINTIFF SUBRINA MILLER'S POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT BERNARD BROS MOTION FOR SUMMARY JUDGMENT

7/28/2020: Opposition - PLAINTIFF SUBRINA MILLER'S POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT BERNARD BROS MOTION FOR SUMMARY JUDGMENT

Amendment to Cross-Complaint (Fictitious/Incorrect Name)

5/12/2020: Amendment to Cross-Complaint (Fictitious/Incorrect Name)

Amended Complaint

5/27/2020: Amended Complaint

Declaration - DECLARATION DECLARATION OF JURESHA ALEMAYEHU

5/28/2020: Declaration - DECLARATION DECLARATION OF JURESHA ALEMAYEHU

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW) OF 04/08/2020

4/8/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW) OF 04/08/2020

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW)

4/8/2020: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW)

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

2/4/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT)

Motion for Leave to File a Cross-Complaint - DEFENDANT BERNARD BROS., INC.NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE A FIRST AMENDED CROSS-COMPLAINT AGAINST ORNELAS ENTERPRISES, INC. AND CITY COMME

12/18/2019: Motion for Leave to File a Cross-Complaint - DEFENDANT BERNARD BROS., INC.NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE A FIRST AMENDED CROSS-COMPLAINT AGAINST ORNELAS ENTERPRISES, INC. AND CITY COMME

Amendment to Complaint (Fictitious/Incorrect Name) - AMENDMENT TO COMPLAINT (DOE 3)

1/8/2020: Amendment to Complaint (Fictitious/Incorrect Name) - AMENDMENT TO COMPLAINT (DOE 3)

Notice of Posting of Jury Fees

10/7/2019: Notice of Posting of Jury Fees

Cross-Complaint - TURNER CONSTRUCTION COMPANY'S CROSS-COMPLAINT

7/1/2019: Cross-Complaint - TURNER CONSTRUCTION COMPANY'S CROSS-COMPLAINT

Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (CASE MANAGEMENT CONFERENCE) OF 05/28/2019 AND PI TRIAL ORDERS

5/28/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (CASE MANAGEMENT CONFERENCE) OF 05/28/2019 AND PI TRIAL ORDERS

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

5/28/2019: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

PROOF OF SERVICE SUMMONS -

3/14/2018: PROOF OF SERVICE SUMMONS -

SUMMONS -

8/9/2017: SUMMONS -

92 More Documents Available

 

Docket Entries

  • 12/08/2020
  • Hearing12/08/2020 at 08:30 AM in Department M at 825 Maple Ave., Torrance, CA 90503; Status Conference

    Read MoreRead Less
  • 12/08/2020
  • Hearing12/08/2020 at 08:30 AM in Department M at 825 Maple Ave., Torrance, CA 90503; Trial Setting Conference

    Read MoreRead Less
  • 12/08/2020
  • Hearing12/08/2020 at 08:30 AM in Department M at 825 Maple Ave., Torrance, CA 90503; Order to Show Cause Re: Dismissal

    Read MoreRead Less
  • 10/28/2020
  • DocketMinute Order ( (Trial Setting Conference; Status Conference re: any settlemen...)); Filed by Clerk

    Read MoreRead Less
  • 10/28/2020
  • DocketOrder - Dismissal; Filed by Court

    Read MoreRead Less
  • 10/23/2020
  • Docketat 08:30 AM in Department M, Deirdre Hill, Presiding; Hearing on Motion to Compel (Motion to Compel Deposition) - Not Held - Taken Off Calendar by Party

    Read MoreRead Less
  • 09/22/2020
  • Docketat 08:30 AM in Department M, Deirdre Hill, Presiding; Jury Trial - Not Held - Advanced and Vacated

    Read MoreRead Less
  • 09/15/2020
  • Docketat 08:30 AM in Department B; Hearing on Motion for Summary Judgment - Not Held - Continued - Court's Motion

    Read MoreRead Less
  • 09/15/2020
  • Docketat 08:30 AM in Department M, Deirdre Hill, Presiding; Final Status Conference - Not Held - Advanced and Vacated

    Read MoreRead Less
  • 08/11/2020
  • Docketat 08:30 AM in Department M, Deirdre Hill, Presiding; Hearing on Motion for Summary Judgment - Not Held - Advanced and Vacated

    Read MoreRead Less
132 More Docket Entries
  • 10/29/2018
  • DocketNotice of Motion and Motion to Compel Further Responses to Form Interrogatories, Set One; Request for Sanctions; Filed by TURNER CONSTRUCION COMPANY (Defendant)

    Read MoreRead Less
  • 10/29/2018
  • DocketDefendant's Separate Statement in Support of Motions to Compel Further Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents, Set One; Filed by TURNER CONSTRUCION COMPANY (Defendant)

    Read MoreRead Less
  • 10/29/2018
  • DocketNotion of Motion and Motion to Compel Further Responses to Special Interrogatories, Set One; Request for Sanctions; Filed by TURNER CONSTRUCION COMPANY (Defendant)

    Read MoreRead Less
  • 05/11/2018
  • DocketANSWER TO COMPLAINT

    Read MoreRead Less
  • 05/11/2018
  • DocketAnswer; Filed by TURNER CONSTRUCION COMPANY (Defendant)

    Read MoreRead Less
  • 03/14/2018
  • DocketProof-Service/Summons; Filed by SUBRINA MILLER (Plaintiff)

    Read MoreRead Less
  • 03/14/2018
  • DocketPROOF OF SERVICE SUMMONS

    Read MoreRead Less
  • 08/09/2017
  • DocketComplaint; Filed by SUBRINA MILLER (Plaintiff)

    Read MoreRead Less
  • 08/09/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

    Read MoreRead Less
  • 08/09/2017
  • DocketSUMMONS

    Read MoreRead Less

Tentative Rulings

Case Number: BC671507    Hearing Date: February 04, 2020    Dept: SWB

Superior Court of California

County of Los Angeles

Southwest District

Torrance Dept. B

SUBRINA MILLER,

Plaintiff,

Case No.:

BC671507

vs.

[Tentative] RULING

TURNER CONSTRUCTION COMPANY, et al.,

Defendants.

Hearing Date: February 4, 2020

Moving Parties: Defendant and cross-defendant Bernard Bros. Inc.

Responding Party: None

Motion for Leave to File a Cross-Complaint

The court considered the moving papers. No opposition was filed.

RULING

The motion is GRANTED. Moving party is ordered to file its cross-complaint within five days.

BACKGROUND

On August 9, 2017, Subrina Miller filed a complaint against Turner Construction Company and The Bakewell Company of California, LLC for premises liability and general negligence. Plaintiff alleges that she was employed as a teacher at the LA Tijera K-8 Academy of Excellence Charter School in Inglewood. On September 15, 2015, plaintiff was summoned for help by young students who were smelling noxious odor/fumes/gas in a classroom and feeling ill. As plaintiff proceeded to help the students and remove them from danger, she was overcome by the noxious odor/fumes/gas she inhaled and became ill.

On December 27, 2018, defendant Blakewell filed a cross-complaint against Roes 1 to 20.

On January 24, 2019, plaintiff filed an amendment designating Bernards Bros., Inc. as Doe 1.

On July 1, 2019, Turner filed a cross-complaint against Inglewood Unified School District, and Bernards Bros. Incorporated for express indemnity, implied indemnity, contribution, declaratory relief, negligence, and breach of contract.

Trial is set for September 22, 2020.

LEGAL AUTHORITY

CCP §426.50 states that, “A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave. . . to file a cross-complaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon terms as may be just to the parties, leave . . . to file the cross-complaint, to assert such cause if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfeiture of causes of action.”

CCP §428.10 states that, “A party against whom a cause of action has been asserted in a complaint or cross-complaint may file a cross-complaint setting forth either or both of the following: . . . (b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought against him.”

CCP § 428.50 states, “(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint.

(b) Any other cross-complaint may be filed at any time before the court has set a date for trial.

(c) A party shall obtain leave of court to file any cross-complaint except one filed within the time specified in subdivision (a) or (b). Leave may be granted in the interest of justice at any time during the course of the action.”

“If the proposed cross-complaint is permissive . . ., leave of court may be granted ‘in the interest of justice’ at any time during the course of the action (CCP §428.50(c)). On the other hand, if the proposed cross-complaint is compulsory . . ., leave must be granted so long as defendant is acting in good faith (CCP §426.50 . . .).” Weil & Brown, Civ. Proc. Before Trial, ¶6:555.

“The declarations of defendant’s counsel should show that it would be ‘in the interest of justice’ to grant leave to file; and some reasonable excuse why the cross-complaint was not filed earlier (mistake, inadvertence, excusable neglect . . . or most commonly, recent discovery of new facts).” Id., ¶6:562.

DISCUSSION

Cross-complainant and defendant Bernard Bros. Inc. (“Bernards”) requests leave to file a cross-complaint against subcontractors Ornelas Enterprises, Inc. dba Ornelas Electrical Construction and City Commercial Plumbing, Inc.

Bernards contends that any alleged injuries suffered by plaintiff were in whole or in part caused by the negligent conduct of the subcontractors, who were contracted by Bernards to install the electrical systems and plumbing systems at the school.

The proposed cross-complaint arises out of the same incident.

The court finds that it would be in the interest of justice to grant leave.

The motion is GRANTED.

Bernards is ordered to give notice of the ruling.