VICKY MCCLOUD VS A-P COTEAU INC. BHARPUR-GAGANDEEP DH ET AL
Case Summary
On 10/31/2017 VICKY MCCLOUD filed a Personal Injury - Other Personal Injury lawsuit against A-P COTEAU INC BHARPUR-GAGANDEEP DH. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are LAURA A. SEIGLE, EDWARD B. MORETON, JR. and EDWARD B. MORETON. The case status is Other.
Case Details
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Case Number:
****1646
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Filing Date:
10/31/2017
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Case Status:
Other
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Courthouse:
Stanley Mosk Courthouse
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County, State:
Los Angeles, California
Judge Details
Presiding Judges
LAURA A. SEIGLE
EDWARD B. MORETON, JR.
EDWARD B. MORETON
Party Details
Plaintiffs and Petitioners
MCCLOUD VICKY
IN RE ESTATE OF VICKY MCCLOUD
PUGH CHERYL A.
Respondents and Defendants
A-P COTEAU INC. BHARPUR-GAGANDEEP DH.
DOES 1 TO 100
A-P COTEAU INC.
BHARPOUR-GAGANDEEP DHANOA TRUST
Attorney/Law Firm Details
Plaintiff and Petitioner Attorneys
SIMOUDIS THANOS ESQ.
SIMOUDIS ATHANASIOS ORESTES ESQ.
BAUMAN SHAUN JOSEPH ESQ.
Respondent and Defendant Attorneys
ANDERSEN SUSAN K
LUCAS TIMOTHY DEAN
DUNIVAN LORI LEE ESQ.
Court Documents
7/2/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: NOTICE OF SETTLEMENT OF ENTIRE CASE) OF 07/02/2021
7/2/2021: Minute Order - MINUTE ORDER (COURT ORDER RE: NOTICE OF SETTLEMENT OF ENTIRE CASE)
1/6/2021: Objection - OBJECTION OBJECTION TO DECLARATION
12/22/2020: Memorandum of Points & Authorities - MEMORANDUM OF POINTS & AUTHORITIES IN OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT
11/16/2020: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE; ORDER TO SHOW CAUSE RE: STATUS OF S...)
9/13/2019: Declaration - DECLARATION DECLARATION OF DAVID F MERABI, ESQ
9/16/2019: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL
12/17/2019: Declaration - DECLARATION OF LORI L. DUNIVAN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL FURTHER RESPONSES TO SUPPLEMENTAL INTERROGATORIES (SET ONE) PROPOUNDED TO PLAINTIFF, AND COMPANION REQUEST FOR
1/14/2020: Minute Order - MINUTE ORDER (INFORMAL DISCOVERY CONFERENCE (IDC))
2/6/2020: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL DATE AND DI...)
2/18/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL FURTHER DISCOVERY RESPONSES)
9/17/2020: Case Management Statement
10/5/2020: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)
7/25/2019: Stipulation - No Order - STIPULATION - NO ORDER TO CONTINUE TRIAL
3/20/2019: Stipulation and Order - STIPULATION AND ORDER TO PERMIT FILING OF AMENDED ANSWER BY DEFENDANT A AND P COTEAU, INC.; JP-R-0-P-O-S-E-DI ORDER THEREON
3/8/2019: Stipulation and Order - STIPULATION AND ORDER TO CONTINUE TRIAL, FSC AND RELATED MOTION AND DISCOVERY DATES -
1/16/2018: CIVIL DEPOSIT -
12/18/2017: PROOF OF SERVICE SUMMONS -
Docket Entries
- 08/03/2021
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Docketat 08:30 AM in Department 27, Edward B. Moreton, Jr., Presiding; Trial Setting Conference - Not Held - Advanced and Vacated
- 08/03/2021
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Docketat 08:30 AM in Department 27, Edward B. Moreton, Jr., Presiding; Hearing on Motion for Leave to Amend (Complaint) - Not Held - Advanced and Vacated
- 07/16/2021
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DocketNotice of Entry of Dismissal and Proof of Service; Filed by A AND P Coteau, Inc. Erroneously Sued As A-P Coteau Inc. (Defendant)
- 07/09/2021
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DocketRequest for Dismissal; Filed by Cheryl A. Pugh (Plaintiff); In Re Estate of Vicky McCloud (Plaintiff)
- 07/02/2021
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Docketat 09:21 AM in Department 27, Edward B. Moreton, Jr., Presiding; Court Order
- 07/02/2021
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DocketCertificate of Mailing for ((Court Order Re: Notice of Settlement of Entire Case) of 07/02/2021); Filed by Clerk
- 07/02/2021
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DocketMinute Order ( (Court Order Re: Notice of Settlement of Entire Case)); Filed by Clerk
- 06/29/2021
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DocketNotice of Settlement; Filed by Cheryl A. Pugh (Plaintiff); In Re Estate of Vicky McCloud (Plaintiff)
- 06/15/2021
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Docketat 08:30 AM in Department 27, Edward B. Moreton, Jr., Presiding; Hearing on Motion for Leave to Amend (Complaint) - Not Held - Rescheduled by Party
- 05/03/2021
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DocketNotice of Change of Address or Other Contact Information; Filed by In Re Estate of Vicky McCloud (Plaintiff)
- 08/20/2018
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DocketAssociation of Attorney; Filed by A AND P Coteau, Inc. Erroneously Sued As A-P Coteau Inc. Bharpur-Gagandeep Dh. (Defendant)
- 01/16/2018
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DocketReceipt; Filed by A AND P Coteau, Inc. Erroneously Sued As A-P Coteau Inc. Bharpur-Gagandeep Dh. (Defendant)
- 01/16/2018
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DocketNotice of Case Relocation Rescheduling; Filed by Plaintiff
- 01/16/2018
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DocketCIVIL DEPOSIT
- 01/16/2018
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DocketAnswer; Filed by A AND P Coteau, Inc. Erroneously Sued As A-P Coteau Inc. Bharpur-Gagandeep Dh. (Defendant)
- 12/18/2017
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DocketProof-Service/Summons; Filed by In Re Estate of Vicky McCloud (Plaintiff)
- 12/18/2017
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DocketPROOF OF SERVICE SUMMONS
- 10/31/2017
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DocketComplaint
- 10/31/2017
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DocketSummons; Filed by null
- 10/31/2017
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DocketComplaint; Filed by In Re Estate of Vicky McCloud (Plaintiff)
Tentative Rulings
Case Number: BC681646 Hearing Date: January 21, 2021 Dept: 27
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
VICKY MCCLOUD, Plaintiff(s), vs.
A AND P COTEAU, INC., et al.,
Defendant(s). | ) ) ) ) ) ) ) ) ) ) ) | .: BC681646
[TENTATIVE] ORDER RE: MOTION TO SUBSTITUTE SUCCESSOR-IN-INTEREST FOR PLAINTIFF
Dept. 27 1:30 p.m. January 21, 2021 |
Plaintiff Vicky McCloud filed this action on October 31, 2017 against Defendants A and P Couteau, Inc. and Bharpour-Gagandeep Dhanoa Trust arising from an October 31, 2015 injury. On September 15, 2020, Plaintiff passed away. Plaintiff’s sister, Cheryl A. Pugh, seeks to be substituted as Plaintiff’s successor-in-interest. Defendant A and P Coteau, Inc. only objects to certain portions of Plaintiff’s counsel’s declaration which are immaterial to the motion. There is no opposition brief.
“A cause of action that survives the death of the person entitled to commence an action or proceeding passes to the decedent’s successor in interest . . . and an action may be commenced by the decedent’s personal representatives or, if none, by the decedent’s successor in interest.” (Code Civ. Proc., § 377.30.) After the death of a plaintiff, the court, on motion, shall allow a pending action that does not abate to be continued by the decedent’s personal representative or successor-in-interest. (Code Civ. Proc., § 377.31.)
The person who seeks to commence or continue a pending action as the decedent’s successor-in-interest shall execute and file an affidavit or declaration stating: (1) the decedent’s name, (2) the date and place of decedent’s death, (3) “No proceeding is now pending in California for administration of the decedent’s estate,” (4) a copy of the final order showing the distribution of the decedent’s cause of action to the successor-in-interest, if the decedent’s estate was administered, (5) either the affiant or declarant is the decedent’s successor in interest or the affiant or declarant is authorized to act on behalf of the decedent’s successor in interest, with facts in support thereof, (6) “No other person has a superior right to commence the action or proceeding or to be substituted for the decedent in the pending action or proceeding,” and (7) the statements are true, under penalty of perjury. (Code Civ. Proc., § 377.32.)
Ms. Pugh submits the required declaration under penalty of perjury. The Motion is GRANTED.
Moving party to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.
Dated this 21st day of January 2021
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| Hon. Edward B. Moreton, Jr. Judge of the Superior Court
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Case Number: BC681646 Hearing Date: February 18, 2020 Dept: 27
[TENTATIVE] ORDER RE MOTION TO COMPEL FURTHER RESPONSES
On June 5, 2019, Defendant A-P Couteau Inc. Bharpur-Gagandeep DH propounded supplemental interrogatories on Plaintiff Vicky McCloud. On December 17, 2019, Defendant filed a motion to compel further responses to the supplemental interrogatories. On January 14, 2020, the parties participated in an informal discovery conference and agreed that Plaintiff would provide further responses by January 24, 2020. Plaintiff never provided those further responses, and so Defendant proceeded with this motion. Plaintiff did not file an opposition to this motion.
The supplemental interrogatories requested updates to previous form and special interrogatory responses. Plaintiff responded she had no further responses or amendments to her responses. The responses to form interrogatory Nos. 6.4, 6.5, 6.6 continued many instances where Plaintiff stated “To be determined” in response to a questions about the charges to date for health care providers. At this point, two years and three months after filing this action, Plaintiff should know the costs to date for her medical treatment. According, the motion to compel as to form interrogatories is GRANTED.
Special interrogatory No. 10 asked for the last date Plaintiff received treatment by a health care provider as a result of injuries from the incident. Plaintiff did not provide a date. The motion to compel as to No. 10 is GRANTED.
Plaintiff is to provide further responses within 20 days of the date of this order.
Defendant seeks sanction against Plaintiff and her counsel. The Court GRANTS the request and imposes sanctions against Plaintiff and her counsel, jointly and severally, in the amount of $1,145, to be paid with 20 days of the date of this order.
Moving party to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative.
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