This case was last updated from San Francisco County Superior Courts on 04/11/2016 at 14:52:01 (UTC).

PORFIDIA CAPUTTO VS. MCDONALD'S CORPORATION et al

Case Summary

On 05/07/2012 PORFIDIA CAPUTTO filed a Personal Injury - Other Personal Injury lawsuit against MCDONALD'S CORPORATION. This case was filed in San Francisco County Superior Courts , Civic Center Courthouse located in San Francisco, California. The case status is Not Classified By Court.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0576

  • Filing Date:

    05/07/2012

  • Case Status:

    Not Classified By Court

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    San Francisco County Superior Courts

  • Courthouse:

    Civic Center Courthouse

  • County, State:

    San Francisco, California

 

Party Details

Plaintiff

CAPUTTO, PORFIDIA

Defendants

DOES 1 THROUGH 50, INCL

MCDONALD'S CORPORATION

PARKER, LAKISHA

DOES 1 THROUGH 50, INCL.

JN &K RESTAURANTS, INC.

Attorney/Law Firm Details

Plaintiff Attorney

GAULE, JOHN V.

Attorney at ODDENINO & GAULE

444 East Huntington Drive, Suite 325

Arcadia, CA 91006

Defendant Attorney

NEVIS, CHRISTOPER J.

Attorney at LEWIS BRISBOIS BISGAARD & SMITH

333 Bush Street, Ste 1100

San Francisco, CA 94104

 

Court Documents

CASE MANAGEMENT STATEMENT

CASE MANAGEMENT STATEMENT FILED BY PLAINTIFF CAPUTTO, PORFIDIA JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 3.0 DAYS

Order Continuing Case Management Conference

CASE MANAGEMENT CONFERENCE OF OCT-10-2012 CONTINUED TO JAN-09-2013 AT 10:30 AM IN DEPARTMENT 610. NOTICE SENT BY COURT.

EX PARTE APPLICATION FOR ORDER

EX PARTE APPLICATION FOR ORDER OF DOE AMENDMENT FILED BY PLAINTIFF CAPUTTO, PORFIDIA (Fee:60.00)

Continued Order to Show Cause

ORDER TO SHOW CAUSE SET FOR SEP-24-2013 CONTINUED TO NOV-26-2013 AT 10:30 AM IN DEPARTMENT 610 FOR FAILURE TO FILE PROOF OF SERVICE ON DEFENDANT LAKISHA PARKER; OBTAIN ANSWER(S) OR ENTER DEFAULT(S) AGAINST DEFENDANT(S). NOTICE SENT BY COURT.

Continued Order to Show Cause

ORDER TO SHOW CAUSE SET FOR FEB-25-2014 CONTINUED TO APR-29-2014 AT 10:30 AM IN DEPARTMENT 610 FOR FAILURE TO FILE PROOF OF SERVICE ON DEFENDANT LAKISHA PARKER; OBTAIN ANSWER(S) OR ENTER DEFAULT(S) AGAINST DEFENDANT(S). NOTICE SENT BY COURT.

DECLARATION

DECLARATION OF JOHN V. GAULE RE ORDER TO SHOW CAUSE FOR FAILURE TO OBTAIN ANSWERS OR OBTAIN DEFAULTS AGAINST DEFENDANTS FILED BY PLAINTIFF CAPUTTO, PORFIDIA

Continued Order to Show Cause

ORDER TO SHOW CAUSE SET FOR JUN-24-2014 CONTINUED TO AUG-12-2014 AT 10:30 AM IN DEPARTMENT 610 FOR FAILURE TO FILE PROOF OF SERVICE AND OBTAIN ANSWER(S) FROM, OR ENTER DEFAULT(S) AGAINST, OR DISMISS DEFENDANT(S) LAKISHA PARKER. THE JUN-24-2014 ORDER TO SHOW CAUSE IS OFF CALENDAR. NOTICE SENT BY COURT.

CASE MANAGEMENT STATEMENT

CASE MANAGEMENT STATEMENT FILED BY DEFENDANT JN &K RESTAURANTS, INC. JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 4.0 DAYS

REQUEST FOR DISMISSAL

DISMISSAL WITH PREJUDICE OF COMPLAINT (TRANSACTION ID # 57219474)

COMPLAINT

PERSONAL INJURY/PROPERTY DAMAGE - NON-VEHICLE RELATED, COMPLAINT FILED BY PLAINTIFF CAPUTTO, PORFIDIA AS TO DEFENDANT MCDONALD'S CORPORATION PARKER, LAKISHA DOES 1 THROUGH 50, INCL. SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR OCT-10-2012 PROOF OF SERVICE DUE ON JUL-06-2012 CASE MANAGEMENT STATEMENT DUE ON SEP-25-2012 (Fee:410.00)

DISMISSAL

DISMISSAL WITHOUT PREJUDICE OF COMPLAINT AS TO DEFENDANT MCDONALD'S CORPORATION

DECLARATION

DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ORDER FILED BY PLAINTIFF CAPUTTO, PORFIDIA

PROOF OF SERVICE OF SUMMONS AND COMPLAINT

SUMMONS ON COMPLAINT, PROOF OF SERVICE ONLY, FILED BY PLAINTIFF CAPUTTO, PORFIDIA SERVED MAR-28-2013, PERSONAL SERVICE ON DEFENDANT JN &K RESTAURANTS, INC.

Continued Order to Show Cause

ORDER TO SHOW CAUSE SET FOR MAY-14-2013 CONTINUED TO JUN-25-2013 AT 10:30 AM IN DEPARTMENT 610 FOR FAILURE TO FILE PROOF OF SERVICE ON DEFENDANT LAKISHA PARKER; OBTAIN ANSWER(S) FROM OR ENTER DEFAULT(S) AGAINST DEFENDANT(S). THE MAY-14-2013 ORDER TO SHOW CAUSE IS OFF CALENDAR. NOTICE SENT BY COURT.

DECLARATION OF

DECLARATION OF JOHN V. GAULE RE ORDER TO SHOW CAUSE FOR FAILURE TO FILE PROOF OF SERVICE ON DEFENDANT LAKISHA PARKER; OBTAIN ANSWER(S) OR ENTER DEFAULT(S) AGAINST DEFENDANT(S) FILED BY PLAINTIFF CAPUTTO, PORFIDIA

DECLARATION OF

DECLARATION OF JOHN V. GAULE FILED BY PLAINTIFF CAPUTTO, PORFIDIA

Notice of Time and Place of Trial

NOTICE OF TIME AND PLACE OF TRIAL, JURY TRIAL SET FOR JUL-13-2015 AT 09:30 AM IN DEPT. 206. CASE MANAGEMENT CONFERENCE ON SEP-17-2014 IS OFF CALENDAR. NOTICE SENT BY COURT.

NOTICE OF UNAVAILABILITY

NOTICE OF UNAVAILABILITY OF NEVIS, CHRISTOPER J. ON JAN-26-2015 THROUGH FEB-17-2015 (TRANSACTION ID # 56659688) FILED BY DEFENDANT JN &K RESTAURANTS, INC.

22 More Documents Available

 

Docket Entries

  • 06/26/2015
  • MASTER JURY CALENDAR SET FOR JUL-13-2015 VACATED. DISMISSAL OF COMPLAINT FILED ON 5/11/15. (206)

    Read MoreRead Less
  • 05/15/2015
  • View Court Documents
  • NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE (TRANSACTION ID # 57251495) FILED BY DEFENDANT JN &K RESTAURANTS, INC.

    Read MoreRead Less
  • 05/11/2015
  • View Court Documents
  • DISMISSAL WITH PREJUDICE OF COMPLAINT (TRANSACTION ID # 57219474)

    Read MoreRead Less
  • 01/26/2015
  • View Court Documents
  • NOTICE OF UNAVAILABILITY OF NEVIS, CHRISTOPER J. ON JAN-26-2015 THROUGH FEB-17-2015 (TRANSACTION ID # 56659688) FILED BY DEFENDANT JN &K RESTAURANTS, INC.

    Read MoreRead Less
  • 08/29/2014
  • View Court Documents
  • NOTICE OF TIME AND PLACE OF TRIAL, JURY TRIAL SET FOR JUL-13-2015 AT 09:30 AM IN DEPT. 206. CASE MANAGEMENT CONFERENCE ON SEP-17-2014 IS OFF CALENDAR. NOTICE SENT BY COURT.

    Read MoreRead Less
  • 08/27/2014
  • View Court Documents
  • CASE MANAGEMENT STATEMENT FILED BY DEFENDANT JN &K RESTAURANTS, INC. JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 4.0 DAYS

    Read MoreRead Less
  • 08/18/2014
  • View Court Documents
  • CASE MANAGEMENT STATEMENT FILED BY PLAINTIFF CAPUTTO, PORFIDIA JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 5.0 DAYS

    Read MoreRead Less
  • 08/07/2014
  • View Court Documents
  • CASE MANAGEMENT CONFERENCE SET FOR SEP-17-2014 AT 10:30 AM IN DEPARTMENT 610 FOR THE SUBMISSION OF CASE MANAGEMENT STATEMENTS. THE AUG-12-2014 ORDER TO SHOW CAUSE IS OFF CALENDAR. NOTICE SENT BY COURT.

    Read MoreRead Less
  • 08/06/2014
  • View Court Documents
  • DISMISSAL WITHOUT PREJUDICE OF COMPLAINT AS TO DEFENDANT PARKER, LAKISHA

    Read MoreRead Less
  • 08/06/2014
  • View Court Documents
  • DECLARATION OF JOHN V. GAULE FILED BY PLAINTIFF CAPUTTO, PORFIDIA

    Read MoreRead Less
22 More Docket Entries
  • 03/12/2013
  • MINI MINUTES FOR MAR-12-2013 10:30 AM FOR DEPT 610

    Read MoreRead Less
  • 03/12/2013
  • View Court Documents
  • ORDER ON PLAINTIFF'S EX PARTE MOTION RE: DOE AMENDMENT (GRANTED)

    Read MoreRead Less
  • 03/12/2013
  • View Court Documents
  • DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ORDER FILED BY PLAINTIFF CAPUTTO, PORFIDIA

    Read MoreRead Less
  • 03/12/2013
  • View Court Documents
  • EX PARTE APPLICATION FOR ORDER OF DOE AMENDMENT FILED BY PLAINTIFF CAPUTTO, PORFIDIA (Fee:60.00)

    Read MoreRead Less
  • 12/27/2012
  • View Court Documents
  • ORDER TO SHOW CAUSE SET FOR MAR-12-2013 IN DEPARTMENT 610 AT 10:30 AM FOR FAILURE TO FILE PROOF OF SERVICE AND OBTAIN ANSWER(S) OR ENTER DEFAULT(S) AGAINST DEFENDANT(S) LAKISHA PARKER. THE JAN-09-2013 CASE MANAGEMENT CONFERENCE IS OFF CALENDAR. NOTICE SENT BY COURT.

    Read MoreRead Less
  • 09/26/2012
  • View Court Documents
  • CASE MANAGEMENT CONFERENCE OF OCT-10-2012 CONTINUED TO JAN-09-2013 AT 10:30 AM IN DEPARTMENT 610. NOTICE SENT BY COURT.

    Read MoreRead Less
  • 09/19/2012
  • View Court Documents
  • CASE MANAGEMENT STATEMENT FILED BY PLAINTIFF CAPUTTO, PORFIDIA JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 3.0 DAYS

    Read MoreRead Less
  • 07/13/2012
  • View Court Documents
  • DISMISSAL WITHOUT PREJUDICE OF COMPLAINT AS TO DEFENDANT MCDONALD'S CORPORATION

    Read MoreRead Less
  • 05/07/2012
  • View Court Documents
  • NOTICE TO PLAINTIFF

    Read MoreRead Less
  • 05/07/2012
  • View Court Documents
  • PERSONAL INJURY/PROPERTY DAMAGE - NON-VEHICLE RELATED, COMPLAINT FILED BY PLAINTIFF CAPUTTO, PORFIDIA AS TO DEFENDANT MCDONALD'S CORPORATION PARKER, LAKISHA DOES 1 THROUGH 50, INCL. SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR OCT-10-2012 PROOF OF SERVICE DUE ON JUL-06-2012 CASE MANAGEMENT STATEMENT DUE ON SEP-25-2012 (Fee:410.00)

    Read MoreRead Less

Complaint Information

LEWIS BRISBOIS BISGAARD & SM =

CHRISTOPHER J. NEVIS, SB# 162812 g fi L .o' E-Mail: Christopher Nevxs@lewxsbx isbdgomicisce Cor nty Supengr Court ROWENA P. LIZIN, SB# 243515 E-Mail: Rowena. len lewisbrisbois.com AN S 333 Bush Street, Suite 12)% WA 27 2014 San Francisco, California 94104 Telephone: 415.362.2580 i ‘“ffl? /‘}fi e *»OURT Facsimile: 415.434.0832 ”‘%anmy Glark

Attorneys for Defendant JN & K RESTAURANTS, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO 5 t PORFIDIA CAPUTTO, CASE NO. CGC-12-520576 Plaintiff, STIPULATION AND ORDER TO STRIKE

CLAIMS FOR PUNITIVE DAMAGES

vs. FROM PLAINTIFE’S COMPLAINT MCDONALD’S CORPORATION, | - LAKISHA PARKER, AND DOES 1 Action Filed: May 7,2012 THROUGH 50, incl., Trial Date: None Set Defendants.

TO THE COURT AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

IT IS HEREBY STIPULATED by and between Plaintiff, PORFIDIA CAPUTTO (“Plaintif”), and Defendant, § N & K RESTAURANTS, INC. (“Defendant™), by and through their respective attorneys of record, that all requests for exemplary and punitive damages as contained in the Complaint filed by Plaintiff on or about May 7, 2012 iu this matter, and the Amendment to same on or about March 13, 2013, are hereby stricken, and that Plaintiff agrees to dismiss all such claims, without prejudice.

The parties further sti'pulate and agree that in the event facts supporting allegations for punitive damages are revealed through discovery or otherwisé, the stipulation shall not prevent Plaintiff from seeking leave of court to amend theé complaint to assert punitive damages.

Iy 4852-9220-4059.1

EWI BRISBO

- v w =

B o2 ~] (- 94 o 3 3 k.

ORDER

IT IS HEREBY ORDERED that Plaintiff Porfidia Caputto’s claims for punitive damages contained in the Complaint filed on May 7, 2012, and the Amendment to same on or about March 13, 2013, are

dismissed, without prejudice.

IT IS ORDERED.

MAY 22 2014

Dated:

ERNEST H“GOLDSMITH