This case was last updated from San Mateo County Superior Courts on 07/20/2018 at 17:53:20 (UTC).

FRANKLIN PERRY VS REED GUY MELTON

Case Summary

On 01/15/2013 FRANKLIN PERRY filed a Personal Injury - Motor Vehicle lawsuit against REED GUY MELTON. This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. The Judges overseeing this case are Dylina, Steven L and Dylina, Steven L.. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *****9118

  • Filing Date:

    01/15/2013

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    San Mateo County Superior Courts

  • Courthouse:

    Southern Branch Hall Of Justice And Records

  • County, State:

    San Mateo, California

Judge Details

Judges

Dylina, Steven L

Dylina, Steven L.

 

Party Details

Plaintiffs

FRANKLIN PERRY

PERRY, FRANKLIN

Defendants

REED GUY MELTON

MELTON, REED GUY

Attorney/Law Firm Details

Plaintiff Attorney

RICKARD, JEFF

Defendant Attorney

WONG, DAVID Y

 

Court Documents

Conversion Action.

NOTICE (4) Comment NEDPS: NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE FILED BY FRANKLIN PERRY.

Request for Dismissal of - WITH prejudice in its entirety.

DISMISSAL Comment REQDEA: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE FILED AND ENTERED.

Document.

FILING Comment FILED: NOTICE OF HEARING: OSC FOR DISMISSAL AFTER COURT'S RECEIPT OF NOTICE OF SETTLEMENT FILED.

Conversion Action.

NOTICE (3) Comment NS2: NOTICE OF SETTLEMENT FILED BY FRANKLIN PERRY.

Stipulation and Order to ADR.

ORDER Comment SOADR: STIP AND ORDER TO ADR SIGNED BY STEVEN L. DYLINA ON 09/30/13

Notice.

NOTICE Comment N: NOTICE OF POSTING JURY FEES FILED BY REED GUY MELTON.

Conversion Action.

NOTICE (2) Comment PNTWO: PRINT COMBINED MANDATORY SETTLEMENT CONFERENCE AND JURY TRIAL OR COURT TRIAL NOTICE

Conversion Hearing.

CMC NOTICE Judicial Officer Dylina Steven L Comment CASE MANAGEMENT CONFERENCE

Case Management Statement.

STATEMENT (2) Comment CMS: CASE MANAGEMENT STATEMENT FILED BY REED GUY MELTON.

Case Management Statement.

STATEMENT Comment CMS: CASE MANAGEMENT STATEMENT FILED BY FRANKLIN PERRY.

Answer / Response / Denial - Unlimited.

ANSWER Comment ANS: (S) ANSWER TO COMPLAINT OF PERRY FILED BY REED GUY MELTON REPRESENTED BY DAVID Y WONG

Proof of Service of Complaint/Petition.

PROOF OF SERVICE Comment PS: PROOF OF SERVICE (PERSONAL) OF SUMMONS AND COMPLAINT OF PERRY SERVED ON REED GUY MELTON WITH SERVICE DATE OF 01/21/13.

Civil Case Cover Sheet.

COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED

Summons Issued / Filed.

SUMMONS Comment S30IF: 30 DAY SUMMONS ISSUED AND FILED.

Complaint.

COMPLAINT Comment COM: (S) COMPLAINT FILED

3 More Documents Available

 

Docket Entries

  • 02/25/2014
  • Disposition: Judgment; Judgment Type; Dispositioned; Party; Name: MELTON REED GUY; Comment: 0001 COMPLAINT; Party; Name: PERRY, FRANKLIN; Comment: 0001 COMPLAINT.

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  • 04/15/2014
  • View Court Documents
  • Conversion Action. Additional Info: NOTICE (4) Comment NEDPS: NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE FILED BY FRANKLIN PERRY.

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  • 04/08/2014
  • Conversion Hearing. Additional Info: Comment OSC RE: DISMISSAL HEARING AS TO DISMISSAL OF ENTIRE ACTION AFTER NOTICE OF SETTLEMENT

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  • 04/08/2014
  • Order to Show Cause Re: Dismissal. Additional Info: Hearing Time 9:00 AM Cancel Reason Vacated Comment Dept: 7 OSC RE: DISMISSAL HEARING AS TO DISMISSAL OF ENTIRE ACTION AFTER NOTICE OF SETTLEMENT

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  • 04/02/2014
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  • Request for Dismissal of - WITH prejudice in its entirety. Additional Info: DISMISSAL Comment REQDEA: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE FILED AND ENTERED.

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  • 03/17/2014
  • Conversion Hearing. Additional Info: Comment JURY TRIAL. TIME ESTIMATE: 5 DAYS 00:00 HOURS.

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  • 03/17/2014
  • Jury Trial. Additional Info: Hearing Time 9:00 AM Cancel Reason Vacated Comment Dept: PJ JURY TRIAL. TIME ESTIMATE: 5 DAYS 00:00 HOURS.

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  • 03/13/2014
  • View Court Documents
  • Document. Additional Info: FILING Comment FILED: NOTICE OF HEARING: OSC FOR DISMISSAL AFTER COURT'S RECEIPT OF NOTICE OF SETTLEMENT FILED.

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  • 02/27/2014
  • Conversion Hearing. Additional Info: Comment MANDATORY SETTLEMENT CONFERENCE

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  • 02/27/2014
  • Settlement Conference. Additional Info: Hearing Time 09:30 AM Cancel Reason Vacated Comment Dept: 7 MANDATORY SETTLEMENT CONFERENCE

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41 More Docket Entries
  • 06/20/2013
  • Financial info for MELTON, REED GUY : Case Payment Receipt # 201306200134 MELTON, REED GUY $150.00

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  • 06/20/2013
  • Financial info for MELTON, REED GUY : Transaction Assessment $150.00

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  • 03/07/2013
  • Financial info for MELTON, REED GUY : Case Payment Receipt # 201303070417 MELTON, REED GUY $435.00

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  • 03/07/2013
  • Financial info for MELTON, REED GUY : Transaction Assessment $435.00

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  • 03/07/2013
  • Financial: MELTON, REED GUY; Total Financial Assessment $585.00; Total Payments and Credits $585.00

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  • 06/25/2013
  • Financial info for PERRY, FRANKLIN : Case Payment Receipt # 201306250480 PERRY, FRANKLIN $150.00

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  • 06/25/2013
  • Financial info for PERRY, FRANKLIN : Transaction Assessment $150.00

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  • 01/15/2013
  • Financial info for PERRY, FRANKLIN : Case Payment Receipt # 201301150426 PERRY, FRANKLIN $435.00

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  • 01/15/2013
  • Financial info for PERRY, FRANKLIN : Transaction Assessment $435.00

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  • 01/15/2013
  • Financial: PERRY, FRANKLIN; Total Financial Assessment $585.00; Total Payments and Credits $585.00

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Complaint Information

peed et ek b ek e

N == O

2. As to each and every cause of action alleged in the Complaint herein, Defendant is informed and believes and thereon alleges that Plaintiff fails to state facts sufficient to constitute a cause of action.

3. As to each and every cause of action alleged in the Complaint herein, Defendant is informed and believes and thereon alleges that the injuries and damages complained of by Plaintiff, if any there were, were either wholly, or in part, directly and proximately caused by the conduct of persons or entities other than this answering Defendant.

4. As to each and every cause of action alleged in the Complaint herein, Defendant is informed and believes and thereon alleges that the injunies and damages complamned of by Plaintff, if any there were, were either wholly, or in part, directly and proximately caused by the conduct of persons or enfities other than this answering Defendant and said conduct is either imputed to Plaintiff by reason of the relationship between Plaintiff and said persons or entities, or comparatively reduces the proportion of liability of this answering Defendant.

5. As to each and every cause of action alleged in the Complaint herein, Defendant is informed and believes and thereon alleges that Plaintiff has failed to mitigate his damages, if any.

6. As to each and every cause of action alleged in the Complaint herein, Defendant is informed and believes and thereon alleges that any and all alleged events, happenings, injuries and damages, if any, were proximately caused or contributed to by Plaintiff, who assumed all risks and hazards incident to the conduct alleged in the charging allegations.

7. As to each and every cause of action alleged in the Complaint herein, Defendant 1s informed and believes and thereon alleges that any injuries and damages which Plaintiff may have suffered were proximately caused by the several negligence of named Defendant or the fictitiously named Doe Defendants, or any of them, or others and accordingly, liability for non-economic damages, if any, must be apportioned, reduced, or allocated in direct proportion to that Defendant/person(s) percentage of fault. C.C. ยง1431.1 et seq.

As to each and every cause of action alleged in the Complaint herein, Defendant is informed and believes and thereon alleges that if the Plaintiff was damaged as alleged in the Complaint herein, or at all, said Plamtiff was fully aware of the conditions existing and any risks inherent therein, and knowingly, willingly, intentionally and voluntarily exposed himself to an open, obvious, and apparent

As to each and every cause of action alleged in the Complaint herein, Defendant is informed and believes and thereon alleges that if the Plaintiff was damaged as alleged in the Complaint herein, or at all, said Plamtiff was fully aware of the conditions existing and any risks inherent therein, and knowingly, willingly, intentionally and voluntarily exposed himself to an open, obvious, and apparent danger, which was known to and recognized by the Plaintiff, thereby assuming a risk of damage; there- fore, the damages, if any, sustained by Plaintiff, were a result of such risks, which nisks were voluntarily assumed by Plaintiff and bars his recovery in this action.

danger, which was known to and recognized by the Plaintiff, thereby assuming a risk of damage; there- fore, the damages, if any, sustained by Plaintiff, were a result of such risks, which nisks were voluntarily assumed by Plaintiff and bars his recovery in this action.

As to each and every cause of action alleged in the Complaint herein, Defendant is informed and believes and thereon alleges that Plaintiff has failed to act reasonably to minimize any loss or harm that it suffered and could have avoided such harm by making reasonable efforts or expenditures.

As to each and every cause of action alleged in the Complaint herein, Defendant is informed and believes and thereon alleges that the Complaint is barred by the applicable statutes of limitations, including, but not limited to, any and/or all of the provisions of Code of Civil Procedure Sections 335.1, 337, 337.1, 337.15, 338(a), 338(b), 338(c), 338(d), 339, 340 and/or 343.

WHEREFORE, this answering Defendant prays that Plaintiff take nothing by reason of the Complaint and that this answering Defendant be given judgment for its costs of suit incurred herein, to be incurred, and for such other and further relief as the Court deems just and proper.

Dated: March 6, 2013