This case was last updated from San Mateo County Superior Courts on 06/20/2022 at 01:45:54 (UTC).

KAITLYN BRACKEN VS. JOSEPH C. RICARD

Case Summary

On 01/09/2013 KAITLYN BRACKEN filed a Personal Injury - Motor Vehicle lawsuit against JOSEPH C RICARD. 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, Grandsaert, John L, Foiles, Robert D, STEVEN L. DYLINA, R. FOILES and ROBERT D. FOILES. The case status is Disposed - Dismissed.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *****9006

  • Filing Date:

    01/09/2013

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    San Mateo, California

Judge Details

Judges

Dylina, Steven L

Grandsaert, John L

Foiles, Robert D

STEVEN L. DYLINA

R. FOILES

ROBERT D. FOILES

 

Party Details

Plaintiff

BRACKEN, KAITLYN

Defendants

MALFAVON-GOVEN, MONICA

RICARD, JOSEPH C

Attorney/Law Firm Details

Plaintiff Attorney

RIBERA, SANDRA L

Defendant Attorneys

SIGUENZA, DEIDRE M

DAVIS, BRIAN R

ASHER, BHAIRAVI

 

Court Documents

Conversion Action.

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

Case Management Statement.

STATEMENT Comment CMS: CASE MANAGEMENT STATEMENT FILED BY JOSEPH C RICARD MONICA MALFAVON-GOVEN.

Opposition.

OPPOSITION Comment OPP: OPPOSITION TO DEFENDANTS' MOTION TO CONTINUE TRIAL FILED BY KAITLYN BRACKEN

Proof of Service of Complaint/Petition.

PROOF OF SERVICE Comment PSS: PROOF OF SERVICE (SUB-SERVICE) OF SUMMONS AND COMPLAINT OF BRACKEN AS TO JOSEPH C RICARD BY SUB-SERVING JESSICA GOVEA, ADMIN ASSISTANT. MAILING DATE OF 02/12/13.

Motion.

NOTICE (2) Comment NM: NOTICE OF MOTION AND MOTION TO CONTINUE TRIAL DATE FILED BY MONICA MALFAVON-GOVEN JOSEPH C RICARD

Conversion Action.

ATTORNEY (3) Comment AA1: ASSOCIATION OF ATTORNEY FOR DEFENDANT MONICA MALFAVON-GOVEN JOSEPH C RICARD FILED ASSOCIATING DEIDRE M SIGUENZA WITH CURRENT COUNSEL OF RECORD BHAIRAVI ASHER

Case Management Statement.

STATEMENT (2) Comment CMS: CASE MANAGEMENT STATEMENT FILED BY KAITLYN BRACKEN.

Complaint.

COMPLAINT Comment COM: (S) COMPLAINT FILED

Order.

ORDER (2) Comment O: ORDER SHORTENING TIME SIGNED BY JUDGE R. FOILES ON 01/09/14, FILED.

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 KAITLYN BRACKEN. Comment NS2: NOTICE OF SETTLEMENT FILED BY KAITLYN BRACKEN.

Substitution of Attorney as to.

SUBSTITUTION OF ATTORNEY FILED. FORMER ATTORNEY BHAIRAVI ASHER REMOVED AS TO MONICA MALFAVON-GOVEN Comment SAT: SUBSTITUTION OF ATTORNEY FILED. FORMER ATTORNEY BHAIRAVI ASHER REMOVED AS TO MONICA MALFAVON-GOVEN AND REPLACED WITH ATTORNEY DEIDRE M SIGUENZA.

Conversion Action.

ASSOCIATION OF ATTORNEY FOR DEFENDANT MONICA MALFAVON-GOVEN JOSEPH C RICARD FILED ASSOCIATING DEID Comment AA1: ASSOCIATION OF ATTORNEY FOR DEFENDANT MONICA MALFAVON-GOVEN, JOSEPH C RICARD FILED ASSOCIATING DEIDRE M SIGUENZA WITH CURRENT COUNSEL OF RECORD BHAIRAVI ASHER

Substitution of Attorney as to.

SUBSTITUTION OF ATTORNEY FILED. FORMER ATTORNEY BHAIRAVI ASHER REMOVED AS TO JOSEPH C RICARD AND RE Comment SAT: SUBSTITUTION OF ATTORNEY FILED. FORMER ATTORNEY BHAIRAVI ASHER REMOVED AS TO JOSEPH C RICARD AND REPLACED WITH ATTORNEY BRIAN R DAVIS.

Opposition.

OPPOSITION TO DEFENDANTS' MOTION TO CONTINUE TRIAL FILED BY KAITLYN BRACKEN Comment OPP: OPPOSITION TO DEFENDANTS' MOTION TO CONTINUE TRIAL FILED BY KAITLYN BRACKEN

Conversion Action.

ASSOCIATION OF ATTORNEY FOR DEFENDANT JOSEPH C RICARD FILED ASSOCIATING BRIAN R DAVIS WITH CURRENT Comment AA1: ASSOCIATION OF ATTORNEY FOR DEFENDANT JOSEPH C RICARD FILED ASSOCIATING BRIAN R DAVIS WITH CURRENT COUNSEL OF RECORD BHAIRAVI ASHER

Order.

ORDER SHORTENING TIME SIGNED BY JUDGE R. FOILES ON 01/09/14, FILED. Comment O: ORDER SHORTENING TIME, SIGNED BY JUDGE R. FOILES ON 01/09/14, FILED.

32 More Documents Available

 

Docket Entries

  • 05/19/2014
  • DocketConversion Hearing.; Additional Info: Comment JURY TRIAL. TIME ESTIMATE: 5 DAYS 00:00 HOURS.

    [+] Read More [-] Read Less
  • 05/19/2014
  • DocketJury Trial.; Additional Info: Hearing Time 9:00 AM Cancel Reason Vacated Comment Dept: PJ JURY TRIAL. TIME ESTIMATE: 5 DAYS 00:00 HOURS.

    [+] Read More [-] Read Less
  • 05/01/2014
  • DocketConversion Hearing.; Additional Info: Comment MANDATORY SETTLEMENT CONFERENCE

    [+] Read More [-] Read Less
  • 05/01/2014
  • DocketSettlement Conference.; Additional Info: Hearing Time 01:30 PM Cancel Reason Vacated Comment Dept: 7 MANDATORY SETTLEMENT CONFERENCE

    [+] Read More [-] Read Less
  • 04/15/2014
  • DocketConversion Hearing.; Additional Info: Comment OSC RE: DISMISSAL HEARING AS TO DISMISSAL OF ENTIRE ACTION AFTER NOTICE OF SETTLEMENT

    [+] Read More [-] Read Less
  • 04/15/2014
  • 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

    [+] Read More [-] Read Less
  • 03/26/2014
  • DispositionDisposition: Judgment; Judgment Type: Dismissal - Other Dismissal; Party; Name; MALFAVON-GOVEN, MONICA; Comment: 0001 COMPLAINT; Party; Name; RICARD, JOSEPH C; Comment: 0001 COMPLAINT; Party; Name; BRACKEN, KAITLYN; Comment: 0001 COMPLAINT

    [+] Read More [-] Read Less
  • 03/26/2014
  • View Court Documents
  • 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.

    [+] Read More [-] Read Less
  • 03/18/2014
  • View Court Documents
  • 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.

    [+] Read More [-] Read Less
  • 03/04/2014
  • View Court Documents
  • DocketConversion Action.; Additional Info: NOTICE OF SETTLEMENT FILED BY KAITLYN BRACKEN. Comment NS2: NOTICE OF SETTLEMENT FILED BY KAITLYN BRACKEN.

    [+] Read More [-] Read Less
78 More Docket Entries
  • 01/09/2013
  • FinancialFinancial info for BRACKEN, KAITLYN; Case Payment Receipt # 201301090555 BRACKEN, KAITLYN $435.00

    [+] Read More [-] Read Less
  • 01/09/2013
  • FinancialFinancial info for BRACKEN, KAITLYN; Transaction Assessment $435.00

    [+] Read More [-] Read Less
  • 01/09/2013
  • FinancialFinancial; BRACKEN, KAITLYN; Total Financial Assessment $585.00; Total Payments and Credits $585.00

    [+] Read More [-] Read Less
  • 01/09/2013
  • DocketCause Of Action.; Additional Info: Action Complaint File Date 01/09/2013

    [+] Read More [-] Read Less
  • 01/09/2013
  • DocketNew Filed Case.

    [+] Read More [-] Read Less
  • 01/09/2013
  • DocketConversion Action.; Additional Info: Comment *XFR: --> CASE NUMBER CHANGED FROM CLJ/519006 TO CIV/519006.

    [+] Read More [-] Read Less
  • 01/09/2013
  • View Court Documents
  • DocketCivil Case Cover Sheet.; Additional Info: CIVIL CASE COVERSHEET RECEIVED Comment CCS: CIVIL CASE COVERSHEET RECEIVED

    [+] Read More [-] Read Less
  • 01/09/2013
  • View Court Documents
  • DocketSummons Issued / Filed.; Additional Info: 30 DAY SUMMONS ISSUED AND FILED. Comment S30IF: 30 DAY SUMMONS, ISSUED AND FILED.

    [+] Read More [-] Read Less
  • 01/09/2013
  • DocketConversion Minute.; Additional Info: Comment *FEE: 130109-0555-CK 194/ 435.00 PAYMT

    [+] Read More [-] Read Less
  • 01/09/2013
  • View Court Documents
  • DocketComplaint.; Additional Info: (S) COMPLAINT FILED Comment COM: (S) COMPLAINT FILED

    [+] Read More [-] Read Less

Complaint Information

BHAIRAVI ASHER, ESQ. (SBN 278580) I L E D PHILIP M. ANDERSEN & ASSOCIATES UNTY Employees of the Corporate Law Department SAN MATEO CO

State Farm Mutual Automobile Insurance Company APR 22 2013 6210 Stoneridge Mall Road, Suite 550

Pleasanton, California 94588 ' , Telephone: (925) 225-6838 Facsimile: (925) 225-6899

Attorneys for Defendants JOSEPH C. RICARD AND MONICA MALFAVON-GOVEA

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO / UNLIMITED JURISDICTION

KAITLYN BRACKEN, NO. CIV519006 Plaintiff, ANSWER TO UNVERIFIED

COMPLAINT

JOSEPH C. RICARD, - MONICA MALFAVON-GEOVEA, DOES 1 TO 25,

NRICIMNAL

of California, these answering defendants deny, generally and specifically, all and singular, each and every allegation contained in the Unverified Complaint of plaintiff herein, and the whole thereof, and specifically deny that plaintiff has been injured or damaged as alleged herein, or in any other sum or manner, or otherwise or at all.

1. AS A FIRST AFFIRMATIVE DEFENSE to the Complaint and each alleged Cause of Action thereof, these answering defendants allege that plaintiff was careless and negligent in and about the matters referred to in said Complaint, and that said

O 0O ~N O O S~ WO N =

@ cad =2 a2 - 0o ~N O O A WON =2-~ O

carelessness and negligence on plaintiffs own part proximately contributed to the happening of the incident in question, and to the injuries, loss, and damages complained of, if any there were.

2. AS A SECOND AFFIRMATIVE DEFENSE to the Complaint and each alleged Cause of Action thereof, these answering defendants allege that the injuries and damages complained of by plaintiff, if there were any, were either wholly or in part directly and proximately caused by the negligence of persons or entities other than these answering defendants, and said negligence comparatively reduces the proportion of negligence and corresponding liability of these answering defendants.

3. AS A FOURTH AFFIRMATIVE DEFENSE to the Complaint and each alleged Cause of Action thereof, these answering defendants allege that the injuries, loss and damages complained of, if any there were, were increased by the failure of plaintiff to use reasonable diligence to mitigate them.

4. AS A FIFTH AFFIRMATIVE DEFENSE to the Complaint and each alleged Cause of Action thereof, these answering defendants allege that if liability is assessed against them, pursuant to Civil Code Section 1431 et seq., these answering defendants shall be liable only for the amount of non-economic damages allocated to them in direct

proportion to the percentage of fault assessed against them by the trier of fact and

| request that a separate judgment be rendered against them for that amount.

5. AS AN EIGHTH AFFIRMATIVE DEFENSE to the Complaint and each alleged Cause of Action, these answering defendants are informed and believe that at all times mentioned herein plaintiff was in the course and scope of her employment and that plaintiffs exclusive remedy lies within the workers’ compensation laws; or, in the alternative, the injuries sustained by plaintiff, if any, were caused or contributed to by the carelessness, negligence or other fault of plaintiffs employer and/or said employer's agents, servants or employees and that from any award made to plaintiff these defendants are entitled to a credit, set-off or reduction in damages in an amount in direct proportion to said employer's and/or said employer's agents’, servants’ or employees’

© 0O N O O A~ O N =

& e m e ed = @ o e = 0 ~N O O A~ W N =2 O ©O 0O N O o & WON = O

percentage of fault pursuant to the rule of Witt v. Jackson.

WHEREFORE, these answering defendants pray that plaintiff takes nothing by reason of her Complaint, that these answering defendants have judgment for their costs of suit incurred herein, and for such other and further relief as the Court may deem

proper.

Dated: April 22, 2013 PHILIP M. ANDERSEN & ASSOCIATES Bhairavi Asher Attorneys for Defendants

JOSEPH C. RICARD and MONICA

MALFAVON-GOVEA

Electronic signature pursuant to Civil Code §1633.7(d).

Answer to Unverified Complaint

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases represented by Lawyer RIBERA, SANDRA L.