This case was last updated from San Mateo County Superior Courts on 07/20/2018 at 19:04:12 (UTC).

LAURIE PANFIL VS NICHOLAS SCHOENDORF ETAL

Case Summary

On 01/24/2013 LAURIE PANFIL filed a Personal Injury - Motor Vehicle lawsuit against NICHOLAS SCHOENDORF ETAL. 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, Scott, Joseph C, Grandsaert, John L, Buchwald, Gerald J, Grandsaert, John L., Buchwald, Gerald J., Dylina, Steven L. and Scott, Joseph C.. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *****9399

  • Filing Date:

    01/24/2013

  • 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

Scott, Joseph C

Grandsaert, John L

Buchwald, Gerald J

Grandsaert, John L.

Buchwald, Gerald J.

Dylina, Steven L.

Scott, Joseph C.

 

Party Details

Plaintiffs

LAURIE PANFIL

PANFIL, LAURIE

Defendants

NICHOLAS SCHOENDORF

CHRISTINA WALKER

WALKER, CHRISTINA

SCHOENDORF, NICHOLAS

Attorney/Law Firm Details

Plaintiff Attorney

WIDMANN, RANDALL M

Defendant Attorneys

MURPHY, TIMOTHY P

WALSH, CATHERINE A.

 

Court Documents

Case Management Statement.

STATEMENT (12) Comment CMS: CASE MANAGEMENT STATEMENT FILED BY LAURIE PANFIL.

Case Management Statement.

STATEMENT (10) Comment CMS: CASE MANAGEMENT STATEMENT FILED BY NICHOLAS SCHOENDORF.

Case Management Statement.

STATEMENT (8) Comment CMS: CASE MANAGEMENT STATEMENT FILED BY LAURIE PANFIL.

Case Management Statement.

STATEMENT (4) Comment CMS: CASE MANAGEMENT STATEMENT FILED BY NICHOLAS SCHOENDORF.

Conversion Hearing.

CMC NOTICE Comment CASE MANAGEMENT CONFERENCE

Memorandum of Points & Authorities Filed.

MEMO Comment MPA: MEMORANDUM OF POINTS AND AUTHORITIES FILED BY CHRISTINA WALKER IN SUPPORT OF DEF. C. WALKER'S DEM. TO PLNTFF.'S 3RD CAUSE OF ACTION FOR RECKLESS ENTRUSTMENT

Case Management Statement.

STATEMENT (2) Comment CMS: CASE MANAGEMENT STATEMENT FILED BY LAURIE PANFIL.

Summons Issued / Filed.

SUMMONS Comment S30IF: 30 DAY SUMMONS ISSUED AND FILED.

Complaint.

COMPLAINT Comment COM: (S) COMPLAINT FILED

Case Management Statement.

STATEMENT (13) Comment CMS: CASE MANAGEMENT STATEMENT FILED BY NICHOLAS SCHOENDORF.

Case Management Statement.

STATEMENT (9) Comment CMS: CASE MANAGEMENT STATEMENT FILED BY NICHOLAS SCHOENDORF.

Case Management Statement.

STATEMENT (6) Comment CMS: CASE MANAGEMENT STATEMENT FILED BY LAURIE PANFIL.

Case Management Statement.

STATEMENT (5) Comment CMS: CASE MANAGEMENT STATEMENT FILED BY CHRISTINA WALKER.

Document.

FILING (2) Comment FILED: REPLY MEMO OF POINTS & AUTHORITIES IN SUPPORT OF DEF'S MOT TO STRIKE PLTF'S PUNITIVE DAMAGES FILED.

Proof of Service.

PROOF OF SERVICE (5) Comment POSI: PROOF OF SERVICE OF PLAINTIFF'S MEMO IN OPPOSITION ETC. SERVED ON SE LIST BY FEDERAL EXPRESS WITH A SERVICE DATE OF 08/23/13.

Memorandum of Points & Authorities Filed.

MEMO (3) Comment MPA: MEMORANDUM OF POINTS AND AUTHORITIES FILED BY LAURIE PANFIL IN OPPOSITION TO DEFENDANT CHRISTINA WALKER'S DEMURRER

Proof of Service.

PROOF OF SERVICE (4) Comment POSI: PROOF OF SERVICE OF DEF. C. WALKER'S NOTICE MOT.; M.P.A. & POR SERVED ON SEE SERV. LIST BY MAIL WITH A SERVICE DATE OF 06/26/13.

Proof of Service.

PROOF OF SERVICE (3) Comment POSI: PROOF OF SERVICE OF DEM. NOTICE OF DEM.; M.P.A. & POR SERVED ON SEE SERV. LIST BY MAIL WITH A SERVICE DATE OF 06/26/13.

26 More Documents Available

 

Docket Entries

  • 06/02/2014
  • Disposition: Judgment; Judgment Type; Dismissal - Other Dismissal; Party; Name: WALKER CHRISTINA; Comment: 0001 COMPLAINT; Party; Name: SCHOENDORF, NICHOLAS; Comment: 0001 COMPLAINT; Party; Name: PANFIL, LAURIE; Comment: 0001 COMPLAINT.

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  • 07/08/2014
  • Conversion Minute. Additional Info: Comment NOH: NOTICE OF HEARING

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  • 07/08/2014
  • Conversion Hearing. Additional Info: Comment OSC RE: DISMISSAL HEARING AS TO DISMISSAL OF ENTIRE ACTION

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  • 07/08/2014
  • 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

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  • 06/12/2014
  • View Court Documents
  • Case Management Statement. Additional Info: STATEMENT (13) Comment CMS: CASE MANAGEMENT STATEMENT FILED BY NICHOLAS SCHOENDORF.

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  • 06/02/2014
  • View Court Documents
  • 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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  • 04/03/2014
  • View Court Documents
  • Case Management Statement. Additional Info: STATEMENT (12) Comment CMS: CASE MANAGEMENT STATEMENT FILED BY LAURIE PANFIL.

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  • 04/03/2014
  • Conversion Minute. Additional Info: Comment COM1: - 25 -

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  • 04/03/2014
  • Conversion Minute. Additional Info: Comment MICMS: ENTERED BY C LYSSAND ON 04/03/14.

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  • 04/03/2014
  • Conversion Minute. Additional Info: Comment HCMO: OSC RE: DISMISSAL HEARING AS TO DISMISSAL OF ENTIRE ACTION SET FOR 07/08/14 AT 09:00 IN DEPARTMENT 7

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152 More Docket Entries
  • 03/20/2013
  • Financial info for SCHOENDORF, NICHOLAS : Case Payment Receipt # 201303200438 SCHOENDORF, NICHOLAS $150.00

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  • 03/20/2013
  • Financial info for SCHOENDORF, NICHOLAS : Transaction Assessment $150.00

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  • 03/20/2013
  • Financial info for SCHOENDORF, NICHOLAS : Case Payment Receipt # 201303200433 SCHOENDORF, NICHOLAS $435.00

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  • 03/20/2013
  • Financial info for SCHOENDORF, NICHOLAS : Transaction Assessment $435.00

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  • 03/20/2013
  • Financial: SCHOENDORF, NICHOLAS; Total Financial Assessment $585.00; Total Payments and Credits $585.00

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  • 10/16/2013
  • Financial info for PANFIL, LAURIE : Case Payment Receipt # 201310160296 PANFIL, LAURIE $150.00

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  • 10/16/2013
  • Financial info for PANFIL, LAURIE : Transaction Assessment $150.00

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  • 01/24/2013
  • Financial info for PANFIL, LAURIE : Case Payment Receipt # 201301240787 PANFIL, LAURIE $435.00

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  • 01/24/2013
  • Financial info for PANFIL, LAURIE : Transaction Assessment $435.00

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  • 01/24/2013
  • Financial: PANFIL, LAURIE; Total Financial Assessment $585.00; Total Payments and Credits $585.00

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Complaint Information

2 FAX 408 293 9056 Knox Services KSJ @001/005

NICHOLAS SCHOENDORF SUPERIOR COURT OF SAN MATEO IN AND FOR THE SUPERIOR COURT OF CALIFORNIA UNLIMITED JURISDICTION

LAURIE PANFIL, CASE NO. CIV519399 Plaintiff, ANSWER TO COMPLAINT

NICHOLAS SCHOENDORF, CHRISTINA WALKER, DOE ONE THROUGH DOE (Date Complaint Filed: January 24, 2013) FIFTY, INCLUSIVE,

Defendants.

Defendant NICHOLAS SCHOENDORF answering the Complaint on file herein alleges as follows: |

Pursuant to the provisions of the California Code of Civil Procedure, this answering defendant generally denies every allegation of each cause of action alleged therein, and further denies that plaintiff suffered injury or damage in the amount alleged, or in any other amount.

FOR A FIRST SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO EACH CAUSE

OF ACTION, IT IS ALLEGED:

The Complaint and each cause of action fail to state facts sufficient to constitute a cause of action against this answering defendant.

FOR A SECOND SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO EACH

CAUSE OF ACTION, IT IS ALLEGED:

CAUSE OF ACTION, IT IS ALLEGED: 2 FAX 408 293 9056 Knox Services KSJ 0027005

2 FAX 408 293 9056 Knox Services KSJ 0027005

The Complaint and each cause of action therein is barred by the applicable statutes of limitation, including but not limited to, California Code of Civil Procedure, §§335.1, 337(1-3), 337.1(a-f), 337.15(a-g), 338(1-7), 339(1-10, 340(1-5), 340.5 and 364(a-f).

FOR A THIRD SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO EACH CAUSE

OF ACTION, IT IS ALLEGED:

Civil Code §§1431.1, et. seq., limits general damages and abate joint and several liability. This defendant requests that the Court apportion the damages, if any, and require this answering defendant to pay only his fair and legal percentage of liability as determined by the trier of fact and/or law.

FOR A FOURTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO EACH

CAUSE OF ACTION, IT IS ALLEGED:

Any and all events, injuries, loss, damages and expenditures referred to in the Complaint were directly and proximately caused and contributed to by the carelessness and negligence of plaintiff, and the extent of damages sustained by the plaintiff, if any, should be reduced in proportion to the amount of negligence of the plaintiff.

FOR A FIFTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO EACH CAUSE

OF ACTION, IT IS ALLEGED:

The accident, injury, and damages alleged in the Complaint were either wholly or in part proximately caused by the negligence and fault of persons, corporations or entities other than this answering defendant, and the negligence of such other persons, corporations, and/or entities comparatively reduces the percentage of negligence, if any, attributed to this answering defendant.

FOR A SIXTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO EACH CAUSE

OF ACTION, IT IS ALLEGED:

That by the exercise of reasonable effort, plaintiff could have mitigated the amount of

damages he suffered; but plaintiff failed and refused, and contir;ucs to fail and refuse, to exercise

a reasonable effort to mitigate the damages.

a reasonable effort to mitigate the damages. 2 FAX 408 293 9056 Knox Services KSJ @003/005

2 FAX 408 293 9056 Knox Services KSJ @003/005

FOR A SEVENTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO EACH

CAUSE OF ACTION, IT IS ALLEGED:"

That the alleged accident, injuries and damages, if any, were proximately caused by plaintiff’s implied agreement to voluntarily assume the risk of a known danger. The risk encountered by plaintiff was one inherent in the activity in question, and was therefore a reasonable risk. Thus, plaintiff’s reasonable implied assumption of the risk acts as a complete bar to his recovery.

FOR A EIGHTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO EACH

CAUSE OF ACTION, IT IS ALLEGED:

That the plaintiff is barred from recovering any and all non-economic damages, pursuant to the provisions of California Civil Code Section 3333.4 [second enacted].

FOR A NINTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO EACH CAUSE

OF ACTION, IT IS ALLEGED:

That the Plaintiff’s complaint, to the extent it seeks exemplary or punitive damages, violates defendant’s rights to procedural due process under the Fourteenth Amendment of the United States Constitution and Article 1, Section 6 of the California Constitution. Furthermore, this provision violates the defendant’s right to protection from “excessive fines” as provided in the Eighth Amendment of the United States Constitution and Article 1, Section 12 of the California Constitution; and therefore, fails to state a cause of action supporting the punitive or exemplary damages claimed.

WHEREFORE, this answering defendant prays:

1. That plaintiff take nothing by reason of the Complaint;

2. That defendant has judgment for attomeys’ fees and costs of

suit herein incurred; and

suit herein incurred; and 03/19/2013 15:42 FAX 408 293 9056 Knox Services KSJ [@004/005

03/19/2013 15:42 FAX 408 293 9056 Knox Services KSJ [@004/005

! 3. For such other and further relief as to the Court seems just and proper.

DATED: March 18, 2013 LAW OFFICES OF CATHERINE A. WALSH

CATHERINE WALSH

6 Attorney for Defendant

NICHOLAS SCHOENDORF