This case was last updated from San Mateo County Superior Courts on 06/20/2022 at 03:16:32 (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, Dylina, Steven L., Grandsaert, John L and STEVEN L. DYLINA. 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

  • County, State:

    San Mateo, California

Judge Details

Judges

Dylina, Steven L

Dylina, Steven L.

Grandsaert, John L

STEVEN L. DYLINA

 

Party Details

Plaintiff

PERRY, FRANKLIN

Defendant

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.

Conversion Action.

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

Civil Case Cover Sheet.

COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED

Case Management Statement.

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

Notice.

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

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.

Stipulation and Order to ADR.

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

Case Management Statement.

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

Document.

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

Conversion Action.

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

Request for Dismissal of - WITH prejudice in its entirety.

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

Document.

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

Conversion Action.

NOTICE OF SETTLEMENT FILED BY FRANKLIN PERRY. Comment NS2: NOTICE OF SETTLEMENT FILED BY FRANKLIN PERRY.

Stipulation and Order to ADR.

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

Notice.

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

Conversion Action.

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

Conversion Hearing.

CASE MANAGEMENT CONFERENCE Judicial Officer Dylina Steven L. Comment CASE MANAGEMENT CONFERENCE

Case Management Statement.

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

18 More Documents Available

 

Docket Entries

  • 04/15/2014
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  • DocketConversion Action.; Additional Info: NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE FILED BY FRANKLIN PERRY. Comment NEDPS: NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE FILED BY FRANKLIN PERRY.

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  • 04/08/2014
  • DocketConversion 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
  • DocketOrder 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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  • DocketRequest for Dismissal of - WITH prejudice in its entirety.; Additional Info: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE FILED AND ENTERED. Comment REQDEA: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE FILED AND ENTERED.

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

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  • 03/17/2014
  • DocketJury 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
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  • DocketDocument.; Additional Info: NOTICE OF HEARING: OSC FOR DISMISSAL AFTER COURT'S RECEIPT OF NOTICE OF SETTLEMENT FILED. Comment FILED: NOTICE OF HEARING: OSC FOR DISMISSAL AFTER COURT'S RECEIPT OF NOTICE OF SETTLEMENT, FILED.

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

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

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

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41 More Docket Entries
  • 01/24/2013
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  • DocketProof of Service of Complaint/Petition.; Additional Info: PROOF OF SERVICE (PERSONAL) OF SUMMONS AND COMPLAINT OF PERRY SERVED ON REED GUY MELTON WITH SERVIC Comment PS: PROOF OF SERVICE (PERSONAL) OF SUMMONS AND COMPLAINT OF PERRY SERVED ON REED GUY MELTON WITH SERVICE DATE OF 01/21/13.

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

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  • 01/15/2013
  • FinancialFinancial info for PERRY, FRANKLIN; Transaction Assessment $435.00

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

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  • 01/15/2013
  • DocketCause Of Action.; Additional Info: Action Complaint File Date 01/15/2013

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  • 01/15/2013
  • DocketNew Filed Case.

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  • 01/15/2013
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  • DocketCivil Case Cover Sheet.; Additional Info: CIVIL CASE COVERSHEET RECEIVED Comment CCS: CIVIL CASE COVERSHEET RECEIVED

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  • 01/15/2013
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  • DocketSummons Issued / Filed.; Additional Info: 30 DAY SUMMONS ISSUED AND FILED. Comment S30IF: 30 DAY SUMMONS, ISSUED AND FILED.

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  • 01/15/2013
  • DocketConversion Minute.; Additional Info: Comment *FEE: 130115-0426-CK 194/ 435.00 PAYMT

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  • 01/15/2013
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  • DocketComplaint.; Additional Info: (S) COMPLAINT FILED Comment COM: (S) COMPLAINT FILED

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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. §1431.1 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

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