Arteaga et al. v. Superior Court of Los Angeles County et al.

DispositionDescription: Petition denied or dismissed after alternative writ or palma issued.; Disposition Type: Final

DocketDescription: Case complete.

DocketDescription: Dismissal order filed.; Notes: By way of minute order filed May 4, 2022, the respondent court has complied with the alternative writ of mandate issued April 21, 2022. Accordingly, the alternative writ is discharged and the petition for writ of mandate filed April 4, 2022, is dismissed as moot. No costs are awarded in this proceeding.

DocketDescription: Response filed:; Notes: Petitioners status update per the courts order dated May 20, 2022.

DocketDescription: Order filed.; Notes: On April 21, 2022, this court issued an alternative writ of mandate and directed that any return to the petition be filed by May 19, 2022. No return has been filed. The parties are directed to file a response, within five days of the date of this order, providing a status update and stating whether the petition for writ of mandate is now moot.

DocketDescription: Alternative writ or OSC issued.; Notes: The court has read and considered the petition for writ of mandate filed April 4, 2022. The court tentatively concludes as follows. Triable issues of fact were presented from which a jury could conclude by clear and convincing evidence that real parties in interest acted with "recklessness." Therefore, after hearing the parties' positions on the matter pursuant to Brown, Winfield & Canzoneri v. Superior Court (2010) 47 Cal.4th 1233, 1250, footnote 10, you are ordered to either: (a) vacate your March 15, 2022, order granting the motion for summary adjudication as to the elder abuse and willful misconduct causes of action, as well as to the claims for punitive damages and attorney fees, and enter a new and different order denying the motion; or (b) show cause before this court in its courtroom at 300 South Spring Street, Los Angeles, California 90013, on July 5, 2022, why a peremptory writ ordering you to do so should not issue. The return to the petition shall be filed on or before May 19, 2022. Any reply to the return, if any, shall be filed on or before June 16, 2022. If you comply with this writ by selecting alternative (a) above, you are directed to provide this court with a copy of your minute order setting forth such compliance. Petitioners shall also provide this court with a copy of any such minute order upon receipt.

DocketDescription: Order filed.; Notes: The immediate stay request is denied for failure to make an adequate showing of urgency.

DocketDescription: Exhibits filed in support of:; Notes: 14 volumes of exhibits.

DocketDescription: Filed petition for writ of:; Notes: Mandate with STAY.