This case was last updated from Los Angeles County Superior Courts on 05/24/2019 at 04:47:38 (UTC).

VICTOR ANDERSON ET AL VS RAFAEL RUFINO ET AL

Case Summary

On 06/20/2017 VICTOR ANDERSON filed a Personal Injury - Motor Vehicle lawsuit against RAFAEL RUFINO. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5088

  • Filing Date:

    06/20/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

GEORGINA T. RIZK

 

Party Details

Plaintiffs, Petitioners and Cross Defendants

ANDERSON VICTOR

VILLARREAL PATROCINIO

Respondents, Defendants and Cross Plaintiffs

DOES 1 THRU 50

LOS ANGELES COUNTY SHERIFF'S DEPARTMENT

RUFINO RAFAEL

LOS ANGELES COUNT OF

Defendants, Respondents and Cross Plaintiffs

RUFINO RAFAEL

LOS ANGELES COUNT OF

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

PANAH D. HESS

Cross Plaintiff Attorney

GOMEZ JESSICA P

Cross Defendant Attorney

BAILEY JUDI

 

Court Documents

Complaint

6/20/2017: Complaint

Summons

6/20/2017: Summons

CoverSheet

6/20/2017: CoverSheet

Demand for Jury Trial

4/24/2019: Demand for Jury Trial

Answer

4/24/2019: Answer

Minute Order

2/6/2019: Minute Order

Cross-Complaint

2/5/2019: Cross-Complaint

Answer

2/5/2019: Answer

Proof of Personal Service

1/16/2019: Proof of Personal Service

Minute Order

12/4/2018: Minute Order

 

Docket Entries

  • 04/24/2019
  • DocketAnswer; Filed by Victor Anderson (Cross-Defendant); Patrocinio Villarreal (Cross-Defendant)

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  • 04/24/2019
  • DocketDemand for Jury Trial; Filed by Victor Anderson (Cross-Defendant); Patrocinio Villarreal (Cross-Defendant)

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  • 02/06/2019
  • Docketat 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Order to Show Cause Re: Failure to File Proof of Service - Not Held - Taken Off Calendar by Court

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  • 02/06/2019
  • Docketat 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Trial Setting Conference - Held

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  • 02/06/2019
  • DocketMinute Order ( (Order to Show Cause Re: Failure to File Proof of Service; Tri...)); Filed by Clerk

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  • 02/05/2019
  • DocketAnswer; Filed by Rafael Rufino (Defendant); Los Angeles, Count of (Defendant)

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  • 02/05/2019
  • DocketCross-Complaint; Filed by Rafael Rufino (Cross-Complainant); Los Angeles, Count of (Cross-Complainant); Rafael Rufino (Defendant) et al.

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  • 01/16/2019
  • DocketProof of Personal Service; Filed by Victor Anderson (Plaintiff); Patrocinio Villarreal (Plaintiff)

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  • 01/16/2019
  • DocketProof of Personal Service; Filed by Victor Anderson (Plaintiff); Patrocinio Villarreal (Plaintiff)

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  • 01/16/2019
  • DocketProof of Personal Service; Filed by Victor Anderson (Plaintiff); Patrocinio Villarreal (Plaintiff)

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  • 12/20/2018
  • Docketat 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 12/04/2018
  • Docketat 10:00 AM in Department 2, Georgina T. Rizk, Presiding; Final Status Conference - Not Held - Vacated by Court

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  • 12/04/2018
  • DocketMinute Order ((Final Status Conference)); Filed by Clerk

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  • 06/20/2017
  • DocketComplaint

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  • 06/20/2017
  • DocketSummons; Filed by Victor Anderson (Plaintiff); Patrocinio Villarreal (Plaintiff)

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  • 06/20/2017
  • DocketComplaint; Filed by Victor Anderson (Plaintiff); Patrocinio Villarreal (Plaintiff)

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Tentative Rulings

b'

Case Number: ****5088 Hearing Date: July 12, 2021 Dept: 29

***** Hearing continued from July 1, 2021 to 07/12/2021 ****

ANDERSON ET AL vs RUFINO ET. AL.

TENTATIVE

Defendants County of Los Angeles and Rafael Rufino’s Motion to Enforce Settlement and Vacate Trial Date is DENIED.

Legal Standard

“If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” (Code Civ. Proc., ; 664.6.) “Section 664.6 empowers a court to enforce a settlement agreement by way of a summary procedure if certain requirements are satisfied. [citations] In order to take advantage of the statute’s expedited procedure, a party must first establish the agreement at issue was set forth ‘in a writing signed by the parties’ (section 664.6) or was made orally before the court [citation].” (Harris v. Rudin, Richman & Appel (1999) 74 Cal.App.4th 299, 304.)

Discussion

Entry of Judgment

Defendants seek a court order ordering Plaintiffs to execute the settlement agreement pursuant to CCP section 664.6.

CCP section 664.6 does not authorize the Court to order a party to execute a settlement agreement. Rather, CCP section 664.6 provides a mechanism for entering judgment pursuant to written settlement agreement signed by the parties.

Accordingly, the motion is denied.

Vacate Trial Date

Defendants request the trial date be vacated.

As there are currently no indications that the matter has settled, Defendants’ request is denied.

Conclusion

Based on the foregoing, Defendants County of Los Angeles and Rafael Rufino’s motion to enforce settlement and vacate trial date is DENIED.

Moving party is ordered to give notice.

'


Case Number: ****5088    Hearing Date: November 10, 2020    Dept: 29

Anderson, et al   v.   Rufino, et al

Motion by Defendant, County of Los Angeles, to Comply with Subpoena to the Alpha Red and Request for Sanctions is TAKEN OFF CALENDAR.

On 02/26/2020, Defendant issued subpoena on non-party The Alpha Red for production of the employment records of Plaintiff Victor Anderson. Defendant was required to serve the subpoena on the non-party by personal service but there is no evidence that was done. (Code Civ. Proc. ; 2020.220, subd. (b)(2).) Rather, it appears that the subpoena was served only on Plaintiff, through his counsel.

Defendant was also required to serve the motion on the non-party by personal service (CRC Rule 3.1346), but the motion was also only served by mail.

Defendant provides no evidence that The Alpha Red agreed to accept service by mail or that Plaintiff’s counsel was authorized to accept service of the subpoena on behalf of The Alpha Red.

Since proper notice was not given to the non-party, the motion must be taken off calendar.

Moving party is ordered to give notice.

NOTE:  PARTIES MUST APPEAR THIS DATE AS A TRIAL SETTING CONFERENCE IS ALSO SET ON CALENDAR FOR THIS DATE. 

In order to comply with social distancing regulations, all parties are strongly encouraged to appear via video or telephonic services offered by the Court, through LACourtConnect.



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