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.
*******0576
05/07/2012
Not Classified By Court
San Francisco County Superior Courts
Civic Center Courthouse
San Francisco, California
CAPUTTO, PORFIDIA
DOES 1 THROUGH 50, INCL
MCDONALD'S CORPORATION
PARKER, LAKISHA
DOES 1 THROUGH 50, INCL.
JN &K RESTAURANTS, INC.
GAULE, JOHN V.
Attorney at ODDENINO & GAULE
444 East Huntington Drive, Suite 325
Arcadia, CA 91006
NEVIS, CHRISTOPER J.
Attorney at LEWIS BRISBOIS BISGAARD & SMITH
333 Bush Street, Ste 1100
San Francisco, CA 94104
CASE MANAGEMENT STATEMENT FILED BY PLAINTIFF CAPUTTO, PORFIDIA JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 3.0 DAYS
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 OF DOE AMENDMENT FILED BY PLAINTIFF CAPUTTO, PORFIDIA (Fee:60.00)
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.
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 OF JOHN V. GAULE RE ORDER TO SHOW CAUSE FOR FAILURE TO OBTAIN ANSWERS OR OBTAIN DEFAULTS AGAINST DEFENDANTS FILED BY PLAINTIFF CAPUTTO, PORFIDIA
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 FILED BY DEFENDANT JN &K RESTAURANTS, INC. JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 4.0 DAYS
DISMISSAL WITH PREJUDICE OF COMPLAINT (TRANSACTION ID # 57219474)
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 WITHOUT PREJUDICE OF COMPLAINT AS TO DEFENDANT MCDONALD'S CORPORATION
DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ORDER FILED BY PLAINTIFF CAPUTTO, PORFIDIA
SUMMONS ON COMPLAINT, PROOF OF SERVICE ONLY, FILED BY PLAINTIFF CAPUTTO, PORFIDIA SERVED MAR-28-2013, PERSONAL SERVICE ON DEFENDANT JN &K RESTAURANTS, INC.
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 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 JOHN V. GAULE FILED BY PLAINTIFF CAPUTTO, PORFIDIA
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 OF NEVIS, CHRISTOPER J. ON JAN-26-2015 THROUGH FEB-17-2015 (TRANSACTION ID # 56659688) FILED BY DEFENDANT JN &K RESTAURANTS, INC.
MASTER JURY CALENDAR SET FOR JUL-13-2015 VACATED. DISMISSAL OF COMPLAINT FILED ON 5/11/15. (206)
NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE (TRANSACTION ID # 57251495) FILED BY DEFENDANT JN &K RESTAURANTS, INC.
DISMISSAL WITH PREJUDICE OF COMPLAINT (TRANSACTION ID # 57219474)
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.
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.
CASE MANAGEMENT STATEMENT FILED BY DEFENDANT JN &K RESTAURANTS, INC. JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 4.0 DAYS
CASE MANAGEMENT STATEMENT FILED BY PLAINTIFF CAPUTTO, PORFIDIA JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 5.0 DAYS
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.
DISMISSAL WITHOUT PREJUDICE OF COMPLAINT AS TO DEFENDANT PARKER, LAKISHA
DECLARATION OF JOHN V. GAULE FILED BY PLAINTIFF CAPUTTO, PORFIDIA
MINI MINUTES FOR MAR-12-2013 10:30 AM FOR DEPT 610
ORDER ON PLAINTIFF'S EX PARTE MOTION RE: DOE AMENDMENT (GRANTED)
DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ORDER FILED BY PLAINTIFF CAPUTTO, PORFIDIA
EX PARTE APPLICATION FOR ORDER OF DOE AMENDMENT FILED BY PLAINTIFF CAPUTTO, PORFIDIA (Fee:60.00)
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.
CASE MANAGEMENT CONFERENCE OF OCT-10-2012 CONTINUED TO JAN-09-2013 AT 10:30 AM IN DEPARTMENT 610. NOTICE SENT BY COURT.
CASE MANAGEMENT STATEMENT FILED BY PLAINTIFF CAPUTTO, PORFIDIA JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 3.0 DAYS
DISMISSAL WITHOUT PREJUDICE OF COMPLAINT AS TO DEFENDANT MCDONALD'S CORPORATION
NOTICE TO PLAINTIFF
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)
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.
COUNTY OF SAN FRANCISCO 5 t PORFIDIA CAPUTTO, CASE NO. CGC-12-520576 Plaintiff, STIPULATION AND ORDER TO STRIKE
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
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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.
Dated: