This case was last updated from Los Angeles County Superior Courts on 05/26/2019 at 03:01:35 (UTC).

TASHAY LENZY VS DOES 1 TO 50

Case Summary

On 02/15/2017 TASHAY LENZY filed a Personal Injury - Other Personal Injury lawsuit against DOES 1 TO 50. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are CURTIS A. KIN and JON R. TAKASUGI. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0652

  • Filing Date:

    02/15/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

CURTIS A. KIN

JON R. TAKASUGI

 

Party Details

Plaintiff and Petitioner

LENZY TASHAY

Defendants and Respondents

DOES 1 TO 50

THYSSENKRUPP ELEVATOR CORPORATION DOE 1

RALPHS GROCERY COMPANY DOE 2

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

MILLER DELANEY L.

SCHWIMER MICHAEL EVAN ESQ.

OCAMPO RAUL JESUS

Defendant Attorneys

OLSEN CHRISTOPHER TED ESQ.

STONE GREGORY EDWARD

LEWIS AMY WINTCH

 

Court Documents

DEMAND FOR JURY TRIAL AND NOTICE OF JURY FEE DEPOSIT

1/10/2018: DEMAND FOR JURY TRIAL AND NOTICE OF JURY FEE DEPOSIT

Unknown

1/10/2018: Unknown

ORDER AND STIPULATION TO CONTINUE TRIAL

5/3/2018: ORDER AND STIPULATION TO CONTINUE TRIAL

Amendment to Complaint (Fictitious/Incorrect Name)

5/10/2018: Amendment to Complaint (Fictitious/Incorrect Name)

NOTICE OF DEMURRER, DEMURRER TO PLAINTIFF'S COMPLAINT AND MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF AMY W. LEWIS IN SUPPORT THEREOF

6/18/2018: NOTICE OF DEMURRER, DEMURRER TO PLAINTIFF'S COMPLAINT AND MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF AMY W. LEWIS IN SUPPORT THEREOF

Opposition

7/6/2018: Opposition

DEFENDANT'S REPLY TO PLAINTIFF'S OPPOSITION TO DEMURRER TO PLAINTIFF'S COMPLAINT

7/12/2018: DEFENDANT'S REPLY TO PLAINTIFF'S OPPOSITION TO DEMURRER TO PLAINTIFF'S COMPLAINT

ORDER OVERRULING THE DEMURRER TO THE COMPLAINT

7/19/2018: ORDER OVERRULING THE DEMURRER TO THE COMPLAINT

Minute Order

7/19/2018: Minute Order

NOTICE OF RULING

7/20/2018: NOTICE OF RULING

CROSS-COMPLAINT OF RALPHS GROCERY COMPANY DBA RALPHS FOR DECLARATORY RELIEF; EXPRESS AND IMPLIED INDEMNITY; CONTRIBUTION AND APPORTIONMENT

7/31/2018: CROSS-COMPLAINT OF RALPHS GROCERY COMPANY DBA RALPHS FOR DECLARATORY RELIEF; EXPRESS AND IMPLIED INDEMNITY; CONTRIBUTION AND APPORTIONMENT

DEFENDANT RALPHS GROCERY COMPANY DBA RALPHS' ANSWER TO PLAINTIFF'S UNVERIFIED COMPLAINT; DEMAND FOR JURY TRIAL

7/31/2018: DEFENDANT RALPHS GROCERY COMPANY DBA RALPHS' ANSWER TO PLAINTIFF'S UNVERIFIED COMPLAINT; DEMAND FOR JURY TRIAL

Unknown

8/8/2018: Unknown

SUMMONS

2/15/2017: SUMMONS

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

2/15/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

Substitution of Attorney

5/24/2017: Substitution of Attorney

Amendment to Complaint (Fictitious/Incorrect Name)

10/10/2017: Amendment to Complaint (Fictitious/Incorrect Name)

PROOF OF SERVICE SUMMONS

11/13/2017: PROOF OF SERVICE SUMMONS

10 More Documents Available

 

Docket Entries

  • 04/26/2019
  • Docketat 08:30 AM in Department E, Curtis A. Kin, Presiding; Hearing on Motion for Summary Judgment - Not Held - Vacated by Court

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  • 04/10/2019
  • Docketat 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion for Summary Judgment - Not Held - Vacated by Court

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  • 03/15/2019
  • DocketNotice (Of Case Management Conference); Filed by Tashay Lenzy (Plaintiff)

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  • 03/05/2019
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 02/19/2019
  • Docketat 11:00 AM in Department 3, Jon R. Takasugi, Presiding; Informal Discovery Conference (IDC) - Not Held - Vacated by Court

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  • 01/28/2019
  • Docketat 10:00 AM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion to Compel Further Discovery Responses - Not Held - Taken Off Calendar by Court

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  • 01/28/2019
  • DocketMinute Order ( (Hearing on Motion to Compel Further Discovery Responses)); Filed by Clerk

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  • 01/28/2019
  • DocketCertificate of Mailing for (Minute Order (Hearing on Motion to Compel Further Discovery Responses) of 01/28/2019); Filed by Clerk

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  • 01/28/2019
  • DocketOrder (By the Court transferring case to Independent Calendar as a complicated PI case); Filed by Clerk

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  • 01/22/2019
  • DocketReply ( to Defendants Opposition to Plaintiff's Motion to Compel); Filed by Tashay Lenzy (Plaintiff)

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58 More Docket Entries
  • 11/28/2017
  • DocketProof of Personal Service

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  • 11/13/2017
  • DocketProof-Service/Summons; Filed by Tashay Lenzy (Plaintiff)

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  • 11/13/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 10/10/2017
  • DocketAmendment to Complaint; Filed by Tashay Lenzy (Plaintiff)

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  • 10/10/2017
  • DocketAmendment to Complaint (Fictitious Name)

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  • 05/24/2017
  • DocketSubstitution of Attorney

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  • 05/24/2017
  • DocketSubstitution of Attorney; Filed by Tashay Lenzy (Plaintiff)

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  • 02/15/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 02/15/2017
  • DocketComplaint; Filed by Tashay Lenzy (Plaintiff)

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  • 02/15/2017
  • DocketSUMMONS

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Tentative Rulings

Case Number: ****0652    Hearing Date: November 13, 2019    Dept: P

 

Los Angeles County Superior Court, Dept. P

Tashay Lenzy v. Does 1-50

Defendant Ralphs Grocery Company’s Motion for Summary Judgment

Hearing: November 13, 2019

Plaintiff was injured by an elevator while working at a Ralphs store. She filed and settled a worker compensation claim. She sued Ralphs in Superior Court; Ralphs moves for summary judgment under workers’ compensation exclusivity of remedy. Cal. Lab Code ;3600.

Evidentiary Objections

All evidentiary objections OVERRULED.

Workers Compensation Exclusivity

When the “conditions of compensation” set forth in Cal. Lab Code ;3600 are present, workers compensation is an employee’s sole and exclusive remedy for an on-the-job injury. Defendant argues the exclusive remedy rule precludes this action. Plaintiff does not dispute the existence of the WCAB settlement, but claims it was between plaintiff and The Kroger Co., defendant’s parent company (Ralphs is a subsidiary of Kroger). Plaintiff argues Kroger, not defendant Ralphs Grocery Company, was her employer, and Ralphs cannot “piggyback” on its parent company’s settlement payment to avoid liability.

Defendant’s Exhibit E is an “Application for Adjudication of Claim” filed with the WCAB; it identifies plaintiffs’ employer as “Ralphs.” Defendant’s exhibit E at pg. 99. Additionally, the “Order Approving Compromise & Release” issued by the WCAB names “The Kroger Company, dba Ralph’s Grocery Co.” as the employer and settling defendant. Plaintiff’s Exhibit A at pg. 1. The declaration of Kroger’s corporate counsel Nathan Brown states the Kroger Co. does not employ any individuals at the Ralphs where plaintiff was injured.

Plaintiff does not substantively refute defendant’s evidence, instead disputing admissibility. The WCAB documents are admissible public records. Brown’s declaration is based on his personal knowledge of Kroger’s operations. Defendants’ evidence is unrefuted. Plaintiff was paid workers compensation benefits. She is therefore barred from further litigation against Ralphs under the workers compensation exclusivity statute. GRANTED.



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