This case was last updated from San Bernardino County Superior Courts on 09/09/2018 at 08:44:06 (UTC).

FRANCISCO PEREZ -V- TIRECO INC

Case Summary

On 09/06/2016 FRANCISCO PEREZ filed an Other lawsuit against TIRECO INC. This case was filed in San Bernardino County Superior Courts, San Bernardino District Courthouse Civil Division located in San Bernardino, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ********4643

  • Filing Date:

    09/06/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    San Bernardino County Superior Courts

  • Courthouse:

    San Bernardino District Courthouse Civil Division

  • County, State:

    San Bernardino, California

 

Party Details

Plaintiffs

FRANCISCO PEREZ

JOE VERDIN

Defendants

ACCELERATED STAFFING

ACCELERATED MINISTRIES INC

SOUTH EAST PERSONNEL LEASING INC

TIRECO INC

SOUTHEAST PERSONNEL LEASING INC.

ACCELERATING MINISTRIES, INC

KANN ENTERPRISES INC.

TIRECO. INC.

Attorney/Law Firm Details

Plaintiff Attorney

DONAHUE, TIMOTHY J

374 S Glassell Street

Orange, CA 92866

Defendant Attorney

RUTAN & TUCKER, LLP

611 Anton Blvd, Ste 1400

Costa Mesa, CA 92626

 

Court Documents

DEFS REPLY ISO MTN TO STRIKE AMENDMENT TO COMPL * FILED.

DEFS REPLY ISO MTN TO STRIKE AMENDMENT TO COMPL * FILED.

DEMURRER FILED BY TIRECO. INC.; REPRESENTED BY RUTAN & TUCKER, LLP(IMAGED)

DEMURRER FILED BY TIRECO. INC.; REPRESENTED BY RUTAN & TUCKER, LLP(IMAGED)

NOTICE OF RETURN OF DOCUMENT(S)

NOTICE OF RETURN OF DOCUMENT(S)

AMENDMENT TO FRANCISCO PEREZ NAMING DOES DOE 2 TO BE TIRECO. INC. FILED.

AMENDMENT TO FRANCISCO PEREZ NAMING DOES DOE 2 TO BE TIRECO. INC. FILED.

NOTICE OF RETURN OF DOCUMENT(S)

NOTICE OF RETURN OF DOCUMENT(S)

PROOF OF SERVICE OF NTC OF MTN AND MTN TO BE RELIEVED AS COUNSEL BY SUB-SERVICE ON 04/24/18 AS TO ACCELERATING MINISTERIES, FILED.

PROOF OF SERVICE OF NTC OF MTN AND MTN TO BE RELIEVED AS COUNSEL BY SUB-SERVICE ON 04/24/18 AS TO ACCELERATING MINISTERIES, FILED.

DECLARATION OF IN SUPPORT OF ATTORNEYS MOTION TO BE RELIEVED FILED

DECLARATION OF IN SUPPORT OF ATTORNEYS MOTION TO BE RELIEVED FILED

DECLARATION RE: IN SUPPORT OF ATTNY MTN TO BE RLVD AS COUNSEL FILED BY ACCELERATING MINISTRIES, INC

DECLARATION RE: IN SUPPORT OF ATTNY MTN TO BE RLVD AS COUNSEL FILED BY ACCELERATING MINISTRIES, INC

MOTION RE: TO BE RELIEVED AS A COUNSEL SET FOR HEARING ON 02/06/18, FILED BY DEFENDANT ACCELERATING MINISTRIES, INC (IMAGED)

MOTION RE: TO BE RELIEVED AS A COUNSEL SET FOR HEARING ON 02/06/18, FILED BY DEFENDANT ACCELERATING MINISTRIES, INC (IMAGED)

ORDER TRIAL SETTING FILED

ORDER TRIAL SETTING FILED

DISMISSAL FILED AS TO TIRECO INC, WITHOUT PREJUDICE

DISMISSAL FILED AS TO TIRECO INC, WITHOUT PREJUDICE

REQUEST FOR DISMISSAL FILED- WITHOUT PREJUDICE.

REQUEST FOR DISMISSAL FILED- WITHOUT PREJUDICE.; Minutes

DISMISSAL FILED AS TO SOUTH EAST PERSONNEL LEASING INC, WITHOUT PREJUDICE

DISMISSAL FILED AS TO SOUTH EAST PERSONNEL LEASING INC, WITHOUT PREJUDICE

PROOF OF SERVICE OF SUMMONS AND COMP/PET ON ACCELERATED MINISTRIES INC; DEFENDANT/RESPONDENT SERVED ON 09/29/16 WITH COSTS OF $0.00 FILED.

PROOF OF SERVICE OF SUMMONS AND COMP/PET ON ACCELERATED MINISTRIES INC; DEFENDANT/RESPONDENT SERVED ON 09/29/16 WITH COSTS OF $0.00 FILED.

NOTICE OF RETURN OF DOCUMENT(S)

NOTICE OF RETURN OF DOCUMENT(S)

PROOF OF SERVICE OF SUMMONS AND COMP/PET ON TIRECO INC; DEFENDANT/RESPONDENT SERVED ON 09/09/16 WITH COSTS OF $68.95 FILED.

PROOF OF SERVICE OF SUMMONS AND COMP/PET ON TIRECO INC; DEFENDANT/RESPONDENT SERVED ON 09/09/16 WITH COSTS OF $68.95 FILED.

PROOF OF SERVICE OF SUMMONS AND COMP/PET ON SOUTH EAST PERSONNEL LEASING INC; DEFENDANT/RESPONDENT SERVED ON 09/06/16 WITH COSTS OF $68.95 FILED.

PROOF OF SERVICE OF SUMMONS AND COMP/PET ON SOUTH EAST PERSONNEL LEASING INC; DEFENDANT/RESPONDENT SERVED ON 09/06/16 WITH COSTS OF $68.95 FILED.

COMPLAINT AND PARTY INFORMATION ENTERED

COMPLAINT AND PARTY INFORMATION ENTERED; Minutes; Receipt: 160906-0025 $435.00; 160906-0025-CK Reference Number 3485374

29 More Documents Available

 

Docket Entries

  • 10/01/2018
  • TRIAL SETTING CONFERENCE

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  • 10/01/2018
  • HEARING RE: OSC RE:DISMISSAL SOUTHEAST PERSONNEL LEASING

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  • 08/20/2018
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  • NOTICE OF RULING ON 08/15/18 HEARING FILED.

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  • 08/16/2018
  • REQUEST TO ENTER DEFAULT AGAINST ACCELERATING MINISTRIES, INC FILED.

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  • 08/16/2018
  • DEFAULT ENTERED ON COMPLAINT (UNLIMITED) FILED 09/06/2016 OF FRANCISCO PEREZ AS TO ACCELERATING MINISTRIES, INC.

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  • 08/16/2018
  • HEARING RE: OSC RE:DISMISSAL UNSERVED/NON DEFAULTED PARTIES; Disposition: VACATED

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  • 08/16/2018
  • ORDER TO SHOW CAUSE RE: STRIKING ANSWER/ENTERING DEFLT DEFT ACC. MINIST.; Disposition: Pre-D Complete; Minutes; JANET M FRANGIE, JUDGE; CLERK: THERESA HANDYSIDE; COURT REPORTER LINDA BALDWIN 12453; COURT ATTENDANT D ZWIERLEIN; APPEARANCES:; NO APPEARANCE.; PROCEEDINGS:; PREDISPOSITION HEARING HELD; COURT FINDS PROPER NOTICE OF TODAYS HEARING WAS SERVED ON ACCELERATING MINISTRIES INC. THERE; BEING NO APPEARANCE BY AN ATTORNEY THE COURT STRIKES THEIR ANSWER FILED ON OCTOBER 5, 2016. A; CORPORATION MUST BE REPRESENTED BY COUNSEL.; ANSWER OF ACCELERATING MINISTRIES, INC HAVING BEEN ORDERED STRICKEN,THE COURT ORDERS DEFAULT ENTERED.; THERE BEING NO SERVICE AS TO SOUTHEAST PERSONNEL LEASING INC., THE COURT SETS AN OSC AS FOLLOWS:; HEARINGS:; HEARING RE: OSC RE:DISMISSAL SOUTHEAST PERSONNEL LEASING SET FOR 10/01/18 AT 08:30 IN DEPARTMENT S29.; NOTICE GIVEN BY JUDICIAL ASSISTANT; CORRESPONDENCE COVERSHEET GENERATED TO MAIL COPY OF MINUTE ORDER WITH NEW HEARING DATE TO COUNSEL OF RECORD.; ; ACTION - COMPLETE; SET ASIDE ANSWER ON THE COMPLAINT (UNLIMITED) FILED 09/06/2016 OF FRANCISCO PEREZ FOR DEFENDANT ACCELERATING MINISTRIES, INC

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  • 08/15/2018
  • VACATE HRG HEARING SCHEDULED FOR 08/16/18 AT 08:30 IN DEPARTMENT S29.

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  • 08/15/2018
  • MOTION RE: DEMURRER TO COMPLAINT FILED BY DEFENDANT TIRECO. INC.; Disposition: Pre-D Complete; Minutes; JANET M FRANGIE, JUDGE; CLERK: LUANN GEESINK; COURT REPORTER LINDA BALDWIN 12453; COURT ATTENDANT D ZWIERLEIN; APPEARANCES:; ATTORNEY TIMOTHY DONAHUE APPEARS BY COURTCALL FOR FRANCISCO PEREZ, JOE VERDIN.; ATTORNEY KIMBERLY COURT PRESENT FOR TIRECO INC.; MOTION; PREDISPOSITION HEARING HELD; ARGUED BY COUNSEL AND SUBMITTED.; COURT FINDS:; AS TO THE 1ST, 2ND, 6TH, 7TH AND 8TH CAUSES OF ACTION, THE DEMURRER TO THE COMPLAINT ON THE; GROUNDS OF A BAR OF STATUE OF LIMITATIONS IS GRANTED, WITH 30 DAYS LEAVE TO AMEND.; LEAVE OF COURT GRANTED ON COMPLAINT (UNLIMITED) FILED 09/06/2016 OF FRANCISCO PEREZ FOR 30 DAYS TO FILE 1ST AMENDED COMPLAINT.; THE OSC RE DISMISSAL OF UNSERVED/NON-DEFAULTED DEFENDANTS SET 08/16/18 IS ADVANCED TO THIS DATE; AND TAKEN OFF CALENDAR.; HEARING DATE OF 10/01/18 CONFIRMED.; NOTICE TO BE GIVEN BY MOVING PARTY.; ACTION - COMPLETE

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  • 08/15/2018
  • MOTION RE: TO STRIKE AMENDMENT TO COMPLAINT FILED BY DEFENDANT TIRECO. INC.; Disposition: Pre-D Complete; Minutes; JANET M FRANGIE, JUDGE; CLERK: LUANN GEESINK; COURT REPORTER LINDA BALDWIN 12453; COURT ATTENDANT D ZWIERLEIN; APPEARANCES:; ATTORNEY TIMOTHY DONAHUE APPEARS BY COURTCALL FOR FRANCISCO PEREZ, JOE VERDIN.; ATTORNEY KIMBERLY COURT PRESENT FOR TIRECO INC.; MOTION; PREDISPOSITION HEARING HELD; ARGUED BY COUNSEL AND SUBMITTED.; COURT FINDS:; THE COURT TAKES JUDICIAL NOTICE OF ITS FILES, INCLUDING THE COMPLAINT FILED SEPTEMBER 16,; 2016, THE REQUEST FOR DISMISSAL WITHOUT PREJUDICE OF DEFENDANT TIRECO, INC. FILED ON; JULY 27, 2017 AND THE DOE AMENDMENT FILED MAY 30, 2018 ADDING DEFENDANT TIRECO, INC. AS DOE 2; TO THE COMPLAINT. WHILE CODE OF CIVIL PROCEDURE 474 ALLOWS A PARTY TO NAME FICTITIOUS DEFENDANTS; AS DOES, THE PLAINTIFF MUST BE TRULY IGNORANT OF THAT PARTYS NAME. PROVIDED THESE REQUIREMENTS; ARE SATISFIED, THE AMENDMENT IS DEEMED TO RELATE[ ] BACK TO THE FILING DATE OF THE; ORIGINAL COMPLAINT FOR PURPOSES OF THE STATUTE OF LIMITATIONS. (BERNSON V. BROWNING-FERRIS; INDUSTRIES (1994)7 CAL.4TH 926, 930, 30 CAL.RPTR.2D 440, 873 P.2D 613.)" FIREMANS FUND; INS. CO V. SPARKS CONSTRUCTION, INC. (2004) 114 CAL.APP.4TH 1135, 1143-1144.; SINCE PLAINTIFF WAS NOT TRULY IGNORANT OF TIERCES NAME OR INVOLVEMENT (AS WAS PREVIOUSLY ALLEGED IN; THE COMPLAINT) THE AMENDMENT FILED ON MAY 30, 2018 DOES NOT RELATE BACK TO THE COMPLAINT; FILING DATE.; HOWEVER, THE FAILURE TO COMPLY WITH CODE OF CIVIL PROCEDURE 474 DOES NOT PREVENT A PLAINTIFF FROM; FILING AN AMENDMENT ADDING A NEW DEFENDANT BUT FOR PURPOSES OF ANY STATUTE OF LIMITATIONS; PERIOD, THE AMENDMENT DOES NOT RELATE BACK TO THE ORIGINAL COMPLAINT. ID CITING DAVIS V. MARIN; (2000) 80 CAL. APP.4TH 380, 387 AND ARMSTRONG V. SUPERIOR COURT IN AND FOR LOS ANGELES CO. (1956); 144 CAL. APP. 2D 420, 424.; THEREFORE, THE MOTION TO STRIKE IS DENIED.; NOTICE TO BE GIVEN BY MOVING PARTY.; ACTION - COMPLETE

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72 More Docket Entries
  • 09/27/2016
  • PROOF OF SERVICE IS RETURNED BY COURT FOR THE FOLLOWING REASON(S): PARTY NAME MUST MATCH SUMMONS/COMPLAINT ACCELERATING MINISTRIES DOE NOT MATCH SEE A.

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  • 09/16/2016
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  • PROOF OF SERVICE OF SUMMONS AND COMP/PET ON TIRECO INC; DEFENDANT/RESPONDENT SERVED ON 09/09/16 WITH COSTS OF $68.95 FILED.

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  • 09/15/2016
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  • PROOF OF SERVICE OF SUMMONS AND COMP/PET ON SOUTH EAST PERSONNEL LEASING INC; DEFENDANT/RESPONDENT SERVED ON 09/06/16 WITH COSTS OF $68.95 FILED.

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  • 09/06/2016
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  • CERTIFICATE OF ASSIGNMENT RECEIVED.

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  • 09/06/2016
  • ON THE COMPLAINT (UNLIMITED) FILED 09/06/2016 OF FRANCISCO PEREZ, ACCELERATED MINISTRIES INC, SOUTH EAST PERSONNEL LEASING INC IS ADDED AS A DEFENDANTS.

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  • 09/06/2016
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  • SUMMONS ISSUED AND FILED

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  • 09/06/2016
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  • CIVIL CASE COVER SHEET FILED.

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  • 09/06/2016
  • CASE ASSIGNED FOR ALL PURPOSES TO DEPARTMENT S29

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  • 09/06/2016
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  • NOTICE IMAGED

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  • 09/06/2016
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  • COMPLAINT AND PARTY INFORMATION ENTERED; Minutes; Receipt: 160906-0025 $435.00; 160906-0025-CK Reference Number 3485374

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