This case was last updated from San Mateo County Superior Courts on 06/17/2022 at 21:53:27 (UTC).

THOMAS FRANZ DWORSCHAK VS ARTHUR BUSH

Case Summary

On 06/26/2012 THOMAS FRANZ DWORSCHAK filed a Personal Injury - Motor Vehicle lawsuit against ARTHUR BUSH. This case was filed in San Mateo County Superior Courts, Southern Branch Hall of Justice and Records located in San Mateo, California. The case status is Disposed - Dismissed.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *****4910

  • Filing Date:

    06/26/2012

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    San Mateo, California

 

Party Details

Plaintiff

DWORSCHAK, THOMAS FRANZ

Defendant

BUSH, ARTHUR

Attorney/Law Firm Details

Plaintiff Attorney

DONAHUE, MATTHEW P

Defendant Attorney

CARBONE, SMOKE, SMITH, BENT & LEONARD

 

Court Documents

Complaint.

COMPLAINT Comment COM: (S) COMPLAINT FILED

Civil Case Cover Sheet.

COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED

Summons Issued / Filed.

SUMMONS Comment S30IF: 30 DAY SUMMONS ISSUED AND FILED.

Proof of Service of Complaint/Petition.

PROOF OF SERVICE Comment PS: PROOF OF SERVICE (PERSONAL) OF SUMMONS AND COMPLAINT OF DWORSCHAK SERVED ON ARTHUR BUSH WITH SERVICE DATE OF 06/29/12.

Answer / Response / Denial - Unlimited.

ANSWER Comment ANS: (S) ANSWER TO COMPLAINT OF DWORSCHAK FILED BY ARTHUR BUSH REPRESENTED BY MACMORRIS & CARBONE

Request for Dismissal of - WITH prejudice in its entirety.

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

Conversion Action.

NOTICE Comment NEDPS: NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE FILED BY THOMAS FRANZ DWORSCHAK.

Conversion Hearing.

CMC NOTICE Comment CASE MANAGEMENT CONFERENCE

Complaint.

(S) COMPLAINT FILED Comment COM: (S) COMPLAINT FILED

Civil Case Cover Sheet.

CIVIL CASE COVERSHEET RECEIVED Comment CCS: CIVIL CASE COVERSHEET RECEIVED

Summons Issued / Filed.

30 DAY SUMMONS ISSUED AND FILED. Comment S30IF: 30 DAY SUMMONS, ISSUED AND FILED.

Proof of Service of Complaint/Petition.

PROOF OF SERVICE (PERSONAL) OF SUMMONS AND COMPLAINT OF DWORSCHAK SERVED ON ARTHUR BUSH WITH SERVIC Comment PS: PROOF OF SERVICE (PERSONAL) OF SUMMONS AND COMPLAINT OF DWORSCHAK SERVED ON ARTHUR BUSH WITH SERVICE DATE OF 06/29/12.

Answer (Unlimited).

(S) ANSWER TO COMPLAINT OF DWORSCHAK FILED BY ARTHUR BUSH REPRESENTED BY MACMORRIS & CARBONE Comment ANS: (S) ANSWER TO COMPLAINT OF DWORSCHAK FILED BY ARTHUR BUSH, REPRESENTED BY MACMORRIS & CARBONE

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.

Conversion Action.

NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE FILED BY THOMAS FRANZ DWORSCHAK. Comment NEDPS: NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE FILED BY THOMAS FRANZ DWORSCHAK.

Conversion Hearing.

CASE MANAGEMENT CONFERENCE Comment CASE MANAGEMENT CONFERENCE

4 More Documents Available

 

Docket Entries

  • 11/08/2012
  • View Court Documents
  • DocketConversion Hearing.; Additional Info: CASE MANAGEMENT CONFERENCE Comment CASE MANAGEMENT CONFERENCE

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  • 11/08/2012
  • DocketCase Management Conference.; Additional Info: Hearing Time 9:00 AM Cancel Reason Vacated Comment Dept: 21 CASE MANAGEMENT CONFERENCE

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  • 10/16/2012
  • View Court Documents
  • DocketConversion Action.; Additional Info: NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE FILED BY THOMAS FRANZ DWORSCHAK. Comment NEDPS: NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE FILED BY THOMAS FRANZ DWORSCHAK.

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  • 10/10/2012
  • DispositionDisposition: Judgment; Judgment Type: Dismissal - Other Dismissal; Party; Name; BUSH, ARTHUR; Comment: 0001 COMPLAINT; Party; Name; DWORSCHAK, THOMAS FRANZ; Comment: 0001 COMPLAINT

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  • 10/10/2012
  • 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.

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  • 08/01/2012
  • FinancialFinancial info for BUSH, ARTHUR; Case Payment Receipt # 201208010331 BUSH, ARTHUR $435.00

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  • 08/01/2012
  • FinancialFinancial info for BUSH, ARTHUR; Transaction Assessment $435.00

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  • 08/01/2012
  • FinancialFinancial info for BUSH, ARTHUR; Case Payment Receipt # 201208010325 BUSH, ARTHUR $150.00

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  • 08/01/2012
  • FinancialFinancial info for BUSH, ARTHUR; Transaction Assessment $150.00

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  • 08/01/2012
  • FinancialFinancial; BUSH, ARTHUR; Total Financial Assessment $585.00; Total Payments and Credits $585.00

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4 More Docket Entries
  • 07/10/2012
  • View Court Documents
  • DocketProof of Service of Complaint/Petition.; Additional Info: PROOF OF SERVICE (PERSONAL) OF SUMMONS AND COMPLAINT OF DWORSCHAK SERVED ON ARTHUR BUSH WITH SERVIC Comment PS: PROOF OF SERVICE (PERSONAL) OF SUMMONS AND COMPLAINT OF DWORSCHAK SERVED ON ARTHUR BUSH WITH SERVICE DATE OF 06/29/12.

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  • 06/29/2012
  • FinancialFinancial info for DWORSCHAK, THOMAS FRANZ; Case Payment Receipt # 201206290335 DWORSCHAK, THOMAS FRANZ $395.00

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  • 06/29/2012
  • FinancialFinancial info for DWORSCHAK, THOMAS FRANZ; Transaction Assessment $395.00

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  • 06/29/2012
  • FinancialFinancial; DWORSCHAK, THOMAS FRANZ; Total Financial Assessment $395.00; Total Payments and Credits $395.00

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  • 06/26/2012
  • DocketCause Of Action.; Additional Info: Action Complaint File Date 06/26/2012

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  • 06/26/2012
  • DocketNew Filed Case.

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  • 06/26/2012
  • View Court Documents
  • DocketSummons Issued / Filed.; Additional Info: 30 DAY SUMMONS ISSUED AND FILED. Comment S30IF: 30 DAY SUMMONS, ISSUED AND FILED.

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  • 06/26/2012
  • View Court Documents
  • DocketCivil Case Cover Sheet.; Additional Info: CIVIL CASE COVERSHEET RECEIVED Comment CCS: CIVIL CASE COVERSHEET RECEIVED

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  • 06/26/2012
  • DocketConversion Minute.; Additional Info: Comment *FEE: 120629-0335-CK 166/ 395.00 PAYMT

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  • 06/26/2012
  • View Court Documents
  • DocketComplaint.; Additional Info: (S) COMPLAINT FILED Comment COM: (S) COMPLAINT FILED

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Complaint Information

and scope of said agency, service and employment and acting with the consent and knowledge of each other defendant.

3. Plaintiff is informed and believes and thereon alleges that the defendants, and each of them, are residents of the County of San Mateo, State of California.

4, Plaintifftimés herein mentioned was a citizen and resident of th State of California and the amount in controversy exceeds the minimum jurisdictional limits of this court.

5. At all times herein.mentioned, defendants, .and each of them, were the owners of a 1995 Mazda Miata, CA license plate number 3NTL056.

6. On or about December 11, 2010, plaintiff THOMAS FRANZ DWORSCHAK was the driver of a 2009 BMW GS 800 that was traveling west on Whipple Avenue near Veterans Boulevard in the Redwood City, State of California.

7. That on or about December 11, 2010, on Whipple Avenue near Veterans Boulevard, County of San Mateo, State of California, defendants, and each of them, were operating their motor vehicle with the express permission and consent of each of the remaining defendants, and so negligently and carelessly owned, maintained, operated, entrusted, controlled, managed, designed, manufactured, repaired and supplied their motor vehicle so as to cause a collision and resulting injuries and damages to plaintiff as hereinafter alleged.

8. As a direct and proximate result of the aforesaid conduct of the defendants, -and each of them, plaintiff was hurt and injured in his health, strength and activity, sustaining injuries to his body and shock and injuries to his nervous system and person, all of which have caused and continue to cause plaintiff great mental and physical pain, suffering and nervousness. Plaintiff is informed and believes and thereon alleges that the injuries will result in some permanent disability to plaintiff, all to his general damage in an amount in excess of the

jurisdictional limits of this Court, which will be shown according to proof at the time of trial.

A’

9. As a further proximate result of the acts of the defendanits, and each of them, plaintiff was required to employ and continue to employ physicians and surgeons to examine, treat and care for plaintiff, and did and continues to incur medical and incidental expenses which will be shown according to proof at the time of trial.

10. As a further proximate result of the said acts of the defendants, and each of them, plaintiff was prevented from attending to their usual occupation for a period of time, sustaining loss of earnings in an amount unknown to him at this time, but which will be shown according to proof. Plaintiff is informed and believes and thereon alleges that he will be prevented from attending to said usual occupation for a period of time in the future and will sustain further loss of earnings, all in an amount unknown to plaintiff. at this time, but which will be shown according to proof at the time of trial.

11. Prejudgment interest on the damages alleged herein should be awarded should judgment for plaintiff be rendered; that said sum should be calculated from the-time the .cause of action arose or as provided in the California Civil Code.

WHEREFORE, plaintiff prays judgment against defendants, and each of them, as

follows:

1. For general damages in excess of the jurisdictional limits of this court according to proof;

2. For loss of earnings, loss of earning capacity, medical expenses, all incidental

expenses and special damages according to proof; 3. For prejudgment interest on the award for damages rendered in favor ‘of plaintiff, calculated from the time the cause of action arose, or as provided in the California Civil Code:

4. For costs of suit; and

5. For such other and further relief as the court deems proper.

DATED: May 25, 2012

SEVEY, DONAHUE & TALCOTT

By = MATTHEW P. DONAHUE Attorney for Plaintiff