PORFIDIA CAPUTTO VS. MCDONALD'S CORPORATION et al
Case Summary
Case Details
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Case Number:
*******0576
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Filing Date:
05/07/2012
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Case Status:
Not Classified By Court
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Case Type:
Personal Injury - Other Personal Injury
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Courthouse:
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County, State:
San Francisco, California
Party Details
Plaintiff
CAPUTTO, PORFIDIA
Defendants
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
DISMISSAL WITHOUT PREJUDICE OF COMPLAINT AS TO THE PUNITIVE DAMAGES CLAIM ONLY. AS TO DEFENDANT JN &K RESTAURANTS, INC.
REQUEST FOR DEFAULT REJECTED, NOTICE MAILED, SUBMITTED BY PLAINTIFF CAPUTTO, PORFIDIA AS TO DEFENDANT JN &K RESTAURANTS, INC.
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.
ANSWER TO COMPLAINT FILED BY DEFENDANT JN &K RESTAURANTS, INC. (Fee:450.00)
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.
ORDER AND STIPULATION TO STRIKE CLAIMS FOR PUNITIVE DAMAGES FROM PLAINTIFF'S COMPLAINT
DISMISSAL WITHOUT PREJUDICE OF COMPLAINT AS TO DEFENDANT PARKER, LAKISHA
ORDER TO SHOW CAUSE SET FOR NOV-26-2013 CONTINUED TO FEB-25-2014 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). THE NOV-26-2013 ORDER TO SHOW CAUSE IS OFF CALENDAR. NOTICE SENT BY COURT.
ORDER TO SHOW CAUSE SET FOR APR-29-2014 CONTINUED TO JUN-24-2014 AT 10:30 AM IN DEPARTMENT 610 FOR FAILURE TO FILE PROOF OF SERVICE ON DEFENDANT(S) LAKISHA PARKER; OBTAIN ANSWER(S) FROM OR ENTER DEFAULT(S) AGAINST DEFENDANT(S). THE APR-29-2014 ORDER TO SHOW CAUSE IS OFF CALENDAR. NOTICE SENT BY COURT.
Docket Entries
- 06/26/2015
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DocketMASTER JURY CALENDAR SET FOR JUL-13-2015 VACATED. DISMISSAL OF COMPLAINT FILED ON 5/11/15. (206)
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- 05/15/2015
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DocketNOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE (TRANSACTION ID # 57251495) FILED BY DEFENDANT JN &K RESTAURANTS, INC.
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- 05/11/2015
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DocketDISMISSAL WITH PREJUDICE OF COMPLAINT (TRANSACTION ID # 57219474)
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- 01/26/2015
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DocketNOTICE OF UNAVAILABILITY OF NEVIS, CHRISTOPER J. ON JAN-26-2015 THROUGH FEB-17-2015 (TRANSACTION ID # 56659688) FILED BY DEFENDANT JN &K RESTAURANTS, INC.
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- 08/29/2014
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DocketNOTICE 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.
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- 08/27/2014
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DocketCASE MANAGEMENT STATEMENT FILED BY DEFENDANT JN &K RESTAURANTS, INC. JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 4.0 DAYS
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- 08/18/2014
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DocketCASE MANAGEMENT STATEMENT FILED BY PLAINTIFF CAPUTTO, PORFIDIA JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 5.0 DAYS
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- 08/07/2014
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DocketCASE 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.
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- 08/06/2014
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DocketDISMISSAL WITHOUT PREJUDICE OF COMPLAINT AS TO DEFENDANT PARKER, LAKISHA
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- 08/06/2014
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DocketDECLARATION OF JOHN V. GAULE FILED BY PLAINTIFF CAPUTTO, PORFIDIA
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- 03/12/2013
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DocketMINI MINUTES FOR MAR-12-2013 10:30 AM FOR DEPT 610
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- 03/12/2013
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DocketORDER ON PLAINTIFF'S EX PARTE MOTION RE: DOE AMENDMENT (GRANTED)
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- 03/12/2013
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DocketDECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ORDER FILED BY PLAINTIFF CAPUTTO, PORFIDIA
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- 03/12/2013
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DocketEX PARTE APPLICATION FOR ORDER OF DOE AMENDMENT FILED BY PLAINTIFF CAPUTTO, PORFIDIA (Fee:60.00)
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- 12/27/2012
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DocketORDER 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.
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- 09/26/2012
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DocketCASE MANAGEMENT CONFERENCE OF OCT-10-2012 CONTINUED TO JAN-09-2013 AT 10:30 AM IN DEPARTMENT 610. NOTICE SENT BY COURT.
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- 09/19/2012
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DocketCASE MANAGEMENT STATEMENT FILED BY PLAINTIFF CAPUTTO, PORFIDIA JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 3.0 DAYS
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- 07/13/2012
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DocketDISMISSAL WITHOUT PREJUDICE OF COMPLAINT AS TO DEFENDANT MCDONALD'S CORPORATION
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- 05/07/2012
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DocketNOTICE TO PLAINTIFF
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- 05/07/2012
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DocketPERSONAL 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)
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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
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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
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