This case was last updated from Los Angeles County Superior Courts on 07/08/2019 at 02:22:32 (UTC).

TRACY ADAMS VS THYSSENKRUPP ELEVATOR CORPORATION ET AL

Case Summary

On 05/07/2018 a Personal Injury - Other Personal Injury case was filed by TRACY ADAMS against THYSSENKRUPP ELEVATOR CORPORATION 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:

    ****5250

  • Filing Date:

    05/07/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Petitioner and Plaintiff

ADAMS TRACY

Respondents, Defendants and Cross Plaintiffs

THYSSENKRUPP ELEVATOR CORPORATION

CALIMPONG PATRICK

DOES 1 TO 50

 

Court Documents

PROOF OF SERVICE OF SUMMONS

5/30/2018: PROOF OF SERVICE OF SUMMONS

PROOF OF SERVICE OF THIRD PARTY LAW SUIT ON PLAINTIFF'S EMPLOYER PER CALIFORNIA LABOR CODE SECTION 3853

7/16/2018: PROOF OF SERVICE OF THIRD PARTY LAW SUIT ON PLAINTIFF'S EMPLOYER PER CALIFORNIA LABOR CODE SECTION 3853

THYSSENKRUPP ELEVATOR CORPORATION'S CROSS-COMPLAINT

7/27/2018: THYSSENKRUPP ELEVATOR CORPORATION'S CROSS-COMPLAINT

Summons on Cross Complaint

7/27/2018: Summons on Cross Complaint

DEMAND FOR JURY TRIAL AND NOTICE OF JURY FEE DEPOSIT

7/27/2018: DEMAND FOR JURY TRIAL AND NOTICE OF JURY FEE DEPOSIT

ANSWER OF THYSSENKRUPP ELEVATOR CORPORATION TO COMPLAINT

7/27/2018: ANSWER OF THYSSENKRUPP ELEVATOR CORPORATION TO COMPLAINT

CIVIL DEPOSIT

7/27/2018: CIVIL DEPOSIT

Substitution of Attorney

2/4/2019: Substitution of Attorney

SUMMONS

5/7/2018: SUMMONS

COMPLAINT FOR DAMAGES 1. NEGLIGENCE ;ETC

5/7/2018: COMPLAINT FOR DAMAGES 1. NEGLIGENCE ;ETC

 

Docket Entries

  • 02/04/2019
  • Substitution of Attorney; Filed by Thyssenkrupp Elevator Corporation (Legacy Party)

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  • 07/27/2018
  • DEMAND FOR JURY TRIAL AND NOTICE OF JURY FEE DEPOSIT

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  • 07/27/2018
  • CIVIL DEPOSIT

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  • 07/27/2018
  • Cross-Complaint (Thyssenkrump Elevator Corporation's Cross Complaint); Filed by Tracy Adams (Plaintiff)

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  • 07/27/2018
  • Demand for Jury Trial (and Notice of Jury Fee Deposit); Filed by Thyssenkrupp Elevator Corporation (Legacy Party)

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  • 07/27/2018
  • THYSSENKRUPP ELEVATOR CORPORATION'S CROSS-COMPLAINT

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  • 07/27/2018
  • ANSWER OF THYSSENKRUPP ELEVATOR CORPORATION TO COMPLAINT

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  • 07/27/2018
  • Summons on Cross Complaint

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  • 07/27/2018
  • Answer; Filed by Thyssenkrupp Elevator Corporation (Legacy Party)

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  • 07/27/2018
  • Receipt-Depository; Filed by Thyssenkrupp Elevator Corporation (Legacy Party)

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2 More Docket Entries
  • 07/27/2018
  • Summons; Filed by Thyssenkrupp Elevator Corporation (Legacy Party)

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  • 07/27/2018
  • Receipt; Filed by Thyssenkrupp Elevator Corporation (Legacy Party)

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  • 07/27/2018
  • Answer; Filed by Thyssenkrupp Elevator Corporation (Legacy Party)

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  • 07/16/2018
  • PROOF OF SERVICE OF THIRD PARTY LAW SUIT ON PLAINTIFF'S EMPLOYER PER CALIFORNIA LABOR CODE SECTION 3853

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  • 05/30/2018
  • PROOF OF SERVICE OF SUMMONS

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  • 05/30/2018
  • Proof-Service/Summons; Filed by Tracy Adams (Plaintiff)

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  • 05/07/2018
  • SUMMONS

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  • 05/07/2018
  • Complaint; Filed by Tracy Adams (Plaintiff)

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  • 05/07/2018
  • COMPLAINT FOR DAMAGES 1. NEGLIGENCE ;ETC

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  • 05/07/2018
  • Summons; Filed by Tracy Adams (Plaintiff)

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Tentative Rulings

Case Number: BC705250    Hearing Date: December 12, 2019    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

TRACY ADAMS,

Plaintiff(s),

vs.

THYSSENKRUPP ELEVATOR CORP., ET AL.,

Defendant(s).

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Case No.: BC705250

[TENTATIVE] ORDER GRANTING MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

Dept. 3

1:30 p.m.

December 12, 2019

  1. Background Facts

Plaintiff, Tracy Adams filed this action against Defendants, Thyssenkrupp Elevator Corp. and Patrick Calimpong for damages arising out of injuries sustained in an elevator.

  1. Requested Relief

At this time, Plaintiff moves to amend the complaint to add a cause of action for premises liability against ABM Industries, Inc., ABM Facility Solutions Group, and ABM Onsite Services-West, Inc. Plaintiff contends she determined, during the course of discovery, that these parties were also responsible for the subject incident. Since the trial date is not until 5/07/20, she contends there will be no prejudice to any party as a result of the amendment.

  1. Law Governing Leave to Amend

The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. CCP §§473 and 576. Judicial policy favors resolution of all disputed matters between the parties and, therefore, leave to amend is generally liberally granted. The application for leave to amend should be made as soon as the need to amend is discovered. The closer the trial date, the stronger the showing required for leave to amend. If the party seeking the amendment has been dilatory, and the delay has prejudiced the opposing party, the Court has the discretion to deny leave to amend. Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 490.

Prejudice exists where the amendment would require delaying the trial, resulting in loss of critical evidence, or added costs of preparation such as an increased burden of discovery. Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 486-488.

  1. Analysis

Plaintiff timely and properly served all parties who have appeared in the action with the moving papers, and no party has filed opposition to the motion. In light of the liberal policy in favor of granting leave to amend, and in light of the lack of opposition, the motion is granted. Plaintiff is ordered to file a separate copy of her FAC within ten days. Plaintiff 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.