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SYLVIA FLORES -V- ESPERANZA LEMAS Print
On August 13, 2019 a personal injury non-motor vehicle unlimited case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of San Bernardino County. Judge John M Pacheco presiding.
Case Details
Case Number
Filing Date
August 13, 2019
Last Refreshed
July 01, 2023
Filing Location
San Bernardino County, CA
Filing Court House
San Bernardino
Category
PI personal injury not MV
Practice Area
Torts
Matter Type
Personal Injury
Status
Dismissal
Parties
Plaintiffs
Flores, Lazaro
Flores, Sylvia
Attorneys for Plaintiffs
Pico And Pico Attorneys At Law
Defendants
Lemas, Abel
Lemas, Esperanza
Lemas, Sindia
Lemus, Abelardo
Lemus, Esperanza
Lemus, Sindia
Attorneys for Defendants
Procter, Shyer & Winter, Llp
Pro Se
Other Parties
Conv
(Conversion Event)
Lemas, Abelardo
(Erroneously Sued As)
Lemas, Esperanza
(Erroneously Sued As)
Lemas, Sindia
(Erroneously Sued As)
Pro Se
(Attorney)
Case Documents
Document is Returned by Court for the Following Reason(s):
Date: Dec 29, 2020
Document is Returned by Court for the Following Reason(s):
Date: Dec 28, 2020
Order Filed Re:
Date: Dec 15, 2020
Notice of Return of Document(s)
Date: Sep 23, 2020
Conversion event
Date: Jun 10, 2020
Miscellaneous Document Filed
Date: Jun 10, 2020
Notice Imaged
Date: Mar 30, 2020
Notice of Return of Document(s)
Date: Jan 30, 2020
Proof of Service of Summons and Comp/Pet Filed
Date: Nov 12, 2019
Answer Filed
Date: Oct 24, 2019
Notice Sent re:
Date: Oct 23, 2019
Notice Imaged
Date: Aug 13, 2019
Summons Issued and Filed
Date: Aug 13, 2019
Certificate of Assignment Received
Date: Aug 13, 2019Case Events
| Date | Type | Description | |
|---|---|---|---|
| March 17, 2021 | Docket Event |
Notice Filed of entry of order |
|
| February 24, 2021 | Docket Event |
Notice of Ruling Filed re: Continued Trial setting conference order to show cause hearing Re: sanctions and dismissal and defendants, Esperanza lemus, Abel Lemus, and Sindia Lemus Motion for terminating sanctions |
|
| February 24, 2021 | Docket Event |
Order Filed Re: Order of Dismissal of Entire Action |
|
| February 23, 2021 |
Department S31 - SBJC
Judge: Pacheco, John M |
||
| February 23, 2021 | Docket Event | Remote hearing held pursuant to Judicial Council Emergency Rule of Court 3(a)(3). | |
| February 23, 2021 | Docket Event |
Video CourtCall Appearance Attorney Kristine A Tijam present for Defendants |
|
| February 11, 2021 | Docket Event |
Notice of Ruling Filed Re: Continued TSC & OSC Re: Sanctions and DIsmissal |
|
| February 10, 2021 |
Department S31 - SBJC
Judge: Pacheco, John M |
||
| February 10, 2021 | Docket Event | Remote hearing held pursuant to Judicial Council Emergency Rule of Court 3(a)(3). | |
| February 10, 2021 | Docket Event |
Video CourtCall Appearance Attorney Kristine A Tijam present for Defendants |
|
| February 09, 2021 | Docket Event |
Non Opposition To The Motion Filed Notice of non-opposition for defendants' motion for terminating sanctions against plaintiffs, sylvia flores and lazaro flores |
|
| January 27, 2021 | Docket Event |
Miscellaneous Document Filed Brief re: continued trial setting conference; order to show cause hearing re sanctions for FTA at TSC; and OSC hearing re: dismissal |
|
| January 22, 2021 | Docket Event |
Motion re: TERMINATING SANCTIONS AGAINST PLAINTFFS |
|
| January 22, 2021 | Docket Event |
Filing Fee Paid by 90.00 TC PAYMENT PAID ON 1.25.21 FOR MOTION FEE |
|
| January 04, 2021 | Docket Event |
Filing Fee Paid by 2210.00 VISA PAID ON 12/31/20 2175.00FOR FIRST APPEARANCE FEES AND MOTIONS. $35.00 FOR FAX FEE |
|
| December 31, 2020 | Docket Event |
Notice Filed OF ENTRY OF ORDER RE:MOTION TO DEEM REQUEST FOR ADMISSIONS ADMITTED AS TO PLAINTIFFS |
|
| December 31, 2020 | Docket Event |
Notice Filed OF ENTRY OF ORDER RE: MOTION TO FILE FIRST AMENDED ANSWER |
|
| December 31, 2020 | Docket Event |
Notice Filed OF ENTRY OF ORDER RE: RESPONSES TO FORM INTERR., SPECIAL INTERR, AND REQUEST FOR PRODUCTION OF DOUCMENTS |
|
| December 31, 2020 | Docket Event | Amended Answer/Response Filed |
|
| December 29, 2020 | Docket Event |
Document is Returned by Court for the Following Reason(s): Turbocourt filings( amended answer, notice of orders) rejected due to not having paid fees that were ordered to be paid by 11/14/2020 |
|
| December 28, 2020 | Docket Event | Document is Returned by Court for the Following Reason(s): | |
| December 15, 2020 | Docket Event |
Order Filed Re: DEF'S MOTIONS TO DEEM REQUESTS FOR ADMISSIONS ADMITTED AS TO PLTF'S |
|
| December 15, 2020 | Docket Event |
Amended Order Filed re Def's Motions to Compel Pltf's responses to form interrogatories Set 1, Special Interrogatories Set 1 |
|
| December 15, 2020 | Docket Event |
Order Filed Re: DEF'S MOTION FOR LEAVE TO FILE FIRST AMENDED ANSWER |
|
| December 10, 2020 | Docket Event |
Notice HEARING ON DEF ESPERANZA LEMUS,ABEL LEMUS,SINDIA LEMUS/ CONT TSC |
|
| December 10, 2020 | Docket Event |
Notice OF RULING HEARING ON DEF SINDIA LEMUS/ MOTIONS TO COMPEL/REQUESTS FOR PRODUCTION OF DOC'S |
|
| December 10, 2020 | Docket Event |
Notice HEARING ON DEF ESPERANZA LEMUS,ABEL LEMUS,SINDIA LEMUS MOTN FOR LEAVE TO FILE 1ST AMENDED ANSWER |
|
| December 09, 2020 |
Department S31 - SBJC
Judge: Pacheco, John M |
||
| December 09, 2020 | Docket Event |
Legacy Minutes MOTION RE: DEEM REQUEST FOR ADMISSIONS SET ONE RE DEF S LEMUS FILED BY DEFENDANT SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS |
|
| December 09, 2020 | Docket Event |
Legacy Minutes HEARING RE: FURTHER TSC |
|
| December 09, 2020 | Docket Event |
Legacy Minutes MOTION RE: DEEM REQUEST FOR ADMISSIONS SET ONE RE DEF A LEMUS FILED BY DEFENDANT SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS |
|
| December 09, 2020 | Docket Event |
Legacy Minutes MOTION RE: DEEM REQUEST FOR ADMISSIONS FOR SET ONE RE DEF S LEMUS FILED BY DEFENDANT SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS |
|
| December 09, 2020 | Docket Event |
Legacy Minutes MOTION RE: DEEM REQUEST FOR ADMISSIONS FOR SET ONE RE DEF A LEMUS FILED BY DEFENDANT SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS |
|
| December 09, 2020 | Docket Event |
Legacy Minutes MOTION RE: DEEM REQUEST FOR ADMISSIONS SET ONE RE DEF E LEMUS FILED BY DEFENDANT SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS |
|
| December 09, 2020 | Docket Event |
Legacy Minutes MOTION RE: DEEM REQUEST FOR ADMISSIONS FOR SET ONE RE DEF E LEMUS FILED BY DEFENDANT SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS |
|
| December 08, 2020 |
Department S31 - SBJC
Judge: Pacheco, John M |
||
| December 08, 2020 | Docket Event |
Legacy Minutes MOTION RE: COMPEL FORM INTERROGATORIES SET ONE FILED BY DEFENDANT SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS |
|
| December 08, 2020 | Docket Event | Remote hearing held pursuant to Judicial Council Emergency Rule of Court 3(a)(3). | |
| December 08, 2020 | Docket Event |
Legacy Minutes MOTION RE: COMPEL SPECIAL INTERROGATORIES SET ONE FILED BY DEFENDANT SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS |
|
| December 08, 2020 | Docket Event |
Legacy Minutes MOTION RE: COMPEL REQUEST FOR PRODUCTION OF DOCUMENTS SET ONE FILED BY DEFENDANT SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS |
|
| December 08, 2020 | Docket Event |
Legacy Minutes MOTION RE: FORM INTERROGATORIES SET ONE FILED BY DEFENDANT SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS |
|
| December 07, 2020 |
Department S31 - SBJC
Judge: Pacheco, John M |
||
| December 07, 2020 | Docket Event | Remote hearing held pursuant to Judicial Council Emergency Rule of Court 3(a)(3). | |
| December 07, 2020 | Docket Event |
Legacy Minutes MOTION RE: LEAVE TO FILE FIRST AMENDED ANSWER FILED BY DEFENDANT SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS |
|
| November 30, 2020 | Docket Event |
Non Opposition To The Motion Filed Motion for leave to file 1st Amended Answer |
|
| November 30, 2020 | Docket Event |
Non Opposition To The Motion Filed Motion to deem request for admissions admitted |
|
| November 30, 2020 | Docket Event |
Non Opposition To The Motion Filed Motion to Compel Form, Special interrogatories and Request for Production of Documents |
|
| October 27, 2020 | Docket Event |
Notice of Ruling Filed re: hearing on request for removal of fee waiver |
|
| October 16, 2020 | Docket Event | FILING FEE PAID BY SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS FOR FAX FEES 201026-0023-VS FAX/ 8.00 PAYMT 201026-0023-VS REFERENCE NUMBER 035-0040672699 | |
| October 16, 2020 | Docket Event | ADVANCED JURY FEES POSTED FOR SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS. 201026-0021-VS JFN/ 150.00 PAYMT 201026-0021-VS REFERENCE NUMBER 035-0040672699 | |
| October 16, 2020 | Docket Event |
Notice Filed Re: NOTICE OF POSTING JURY FEES FILED BY SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS. |
|
| October 16, 2020 | Docket Event |
Notice of Ruling Filed NOTICE OF RULING ON DEF HEARING REQUEST FOR REMOVAL OF FEE WAIVER FILED. |
|
| October 16, 2020 | Docket Event |
New Volume Made. Volume Includes Documents Filed Between NEW VOLUME MADE. VOLUME 1 INCLUDES DOCUMENTS FILED BETWEEN 08/13/19 AND 09/23/20 |
|
| October 14, 2020 |
Judge: Pacheco, John M |
||
| October 14, 2020 | Docket Event |
Legacy Minutes HEARING RE: FEE WAIVER REQUEST. RECONSIDERATION OF FEE WAIVER JOHN M PACHECO,JUDGE CLERK: KIMBERLY HOTCHKISS COURT REPORTER ROCIO GONZALEZ;10911 COURT ATTENDANT P HERNANDEZ - APPEARANCES: KRISTINE A. TIJAM APPEARS BY COURTCALL FOR ESPERANZA LEMUS. - PROCEEDINGS: PREDISPOSITION HEARING HELD REMOTE HEARING HELD PURSUANT TO JUDICIAL COUNCIL EMERGENCY RULE OF COURT 3(A)(3) COURT HAS READ AND CONSIDERED RECONSIDERATION OF FEE WAIVER REQUEST. REQUEST IS GRANTED. COURT ORDERS FEES IN THE AMOUNT OF $2,175.00 BE PAID TO THE COURT WITHIN THIRTY DAYS OF TODAY'S DATE. - HEARINGS: HEARING DATE OF 12/07/20 CONFIRMED. HEARING DATE OF 12/08/20 CONFIRMED. HEARING DATE OF 12/09/20 CONFIRMED. COUNSEL FOR DEFENSE TO GIVE NOTICE. ACTION - COMPLETE === MINUTE ORDER END === |
|
| October 09, 2020 |
Judge: Pacheco, John M |
||
| October 09, 2020 | Docket Event |
Notice Filed Re: NOTICE OF CONTINUED TRIAL SETTING CONFERENCE FILED BY ESPERANZA LEMUS, ABELARDO LEMUS, SINDIA LEMUS. |
|
| October 09, 2020 | Docket Event |
Legacy Minutes HEARING RE: FURTHER TSC JOHN M PACHECO,JUDGE CLERK: ARLENE GUARDADO COURT REPORTER ROCIO GONZALEZ;10911 COURT ATTENDANT P HERNANDEZ - APPEARANCES: NEYS AT LAW PICO AND PICO ATTOR FOR SYLVIA FLORES, LAZARO FLORES NOT PRESENT ATTORNEY MEGAN C WINTER APPEARS BY COURTCALL FOR SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS. - PROCEEDINGS: PREDISPOSITION HEARING HELD ACTION CAME ON FOR HEARING RE: FURTHER TSC. REMOTE HEARING HELD PURSUANT TO JUDICIAL COUNCIL EMERGENCY RULE OF COURT 3(A)(3) HEARING CONTINUED AT REQUEST OF DEFENSE. REASON: HEARING TO TRAIL THE 12/9/20 MOTIONS. - HEARINGS: CURRENT HEARING CONTINUED TO 12/09/20 AT 09:00 IN DEPARTMENT S31. COUNSEL FOR DEFENSE TO GIVE NOTICE. ACTION - COMPLETE === MINUTE ORDER END === |
|
| September 29, 2020 | Docket Event |
Miscellaneous Document Filed NOTICE TO COURT OF IMPROVED FINANCIAL SITUATION AND REQUEST FOR REMOVAL OF FEE WAIVER FILED. |
|
| September 28, 2020 | Docket Event | AT-ISSUE MEMORANDUM FILED BY SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS | |
| September 25, 2020 | Docket Event |
Proof of Service Filed PROOF OF SERVICE OF MOTIN TO DEEM REQUEST FOR ADMISSIONS BY MAIL/EMAIL ON 09/22/20 AS TO PICO AND PICO, FILED. |
|
| September 25, 2020 | Docket Event |
Proof of Service Filed PROOF OF SERVICE OF MOTION TO COMPEL SPECIAL INTERROGS BY MAIL/EMAIL ON 09/22/20 AS TO PICO AND PICO, FILED. |
|
| September 25, 2020 | Docket Event |
Proof of Service Filed PROOF OF SERVICE OF MOTION TO COMPEL PRODUCTION OF DOCUMENTS BY MAIL/EMAIL ON 09/22/20 AS TO PICO AND PICO, FILED. |
|
| September 25, 2020 | Docket Event |
Proof of Service Filed PROOF OF SERVICE OF MOTION TO COMPEL FORM INTERROGS BY MAIL/EMAIL ON 09/22/20 AS TO PICO AND PICO, FILED. |
|
| September 25, 2020 | Docket Event |
Proof of Service Filed PROOF OF SERVICE OF MOTION TO COMPEL DEEM REQUEST FOR ADMISSIONS BY MAIL/EMAIL ON 09/22/20 AS TO PICO AND PICO, FILED. |
|
| September 25, 2020 | Docket Event |
Proof of Service Filed PROOF OF SERVICE OF MOTION TO DEEM REQUEST FOR ADMISSIONS BY MAIL/EMAIL ON 09/22/20 AS TO PICO AND PICO, FILED. |
|
| September 25, 2020 | Docket Event |
Proof of Service Filed PROOF OF SERVICE OF MOTION TO FILE 1ST AMENDED ANSWER BY MAIL/EMAIL ON 09/22/20 AS TO PICO AND PICO, FILED. |
|
| September 23, 2020 | Docket Event | NOTICE OF RETURN OF DOCUMENT(S) | |
| September 23, 2020 | Docket Event |
Motion Filed MOTION RE: COMPEL PRODUCTION OF DOCUMENTS SET ONE SET FOR HEARING ON 12/08/20, FILED BY DEFENDANT SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS (IMAGED) |
|
| September 23, 2020 | Docket Event |
Motion Filed MOTION RE: COMPEL REQUEST FOR PRODUCTION OF DOCUMENTS SET FOR HEARING ON 12/08/20, FILED BY DEFENDANT SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS (IMAGED) |
|
| September 23, 2020 | Docket Event |
Motion Filed MOTION RE: DEEM ADMISSIONS RE S LEMUS SET FOR HEARING ON 12/09/20, FILED BY DEFENDANT SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS (IMAGED) |
|
| September 23, 2020 | Docket Event |
Document is Returned by Court for the Following Reason(s): FEES VIA (TURBOCOURT)/POS IS RETURNED BY COURT FOR THE FOLLOWING REASON(S): DEF'S HAVE FEE WAIVERS ON FILE. PROOF OF SERVICE IS MISSING SIGNATURE. |
|
| September 23, 2020 | Docket Event |
Document is Returned by Court for the Following Reason(s): FEES VIA (TURBOCOURT)/POS IS RETURNED BY COURT FOR THE FOLLOWING REASON(S): DEF'S HAVE FEE WAIVERS ON FILE. PROOF OF SERVICE MISSING SIGNATURE. |
|
| September 23, 2020 | Docket Event |
Motion Filed MOTION RE: COMPEL SPECIAL INTERROGATORIES SET ONE SET FOR HEARING ON 12/08/20, FILED BY DEFENDANT SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS (IMAGED) |
|
| September 23, 2020 | Docket Event |
Motion Filed MOTION RE: COMPEL FORM INTERROGATORIES SET ONE SET FOR HEARING ON 12/08/20, FILED BY DEFENDANT SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS (IMAGED) |
|
| September 23, 2020 | Docket Event |
Motion Filed MOTION RE: DEEM ADMISSIONS RE E LEMUS SET FOR HEARING ON 12/09/20, FILED BY DEFENDANT SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS (IMAGED) |
|
| September 23, 2020 | Docket Event |
Motion Filed MOTION RE: DEEM ADMISSIONS RE A LEMUS SET FOR HEARING ON 12/09/20, FILED BY DEFENDANT SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS (IMAGED) |
|
| September 23, 2020 | Docket Event |
Motion Filed MOTION RE: TO COMPELSPECIAL INTERROGATORIES SET ONE SET FOR HEARING ON 12/08/20, FILED BY DEFENDANT SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS (IMAGED) |
|
| September 23, 2020 | Docket Event |
Motion Filed MOTION RE: LEAVE TO FILE FIRST AMENDED ANSWER SET FOR HEARING ON 12/07/20, FILED BY DEFENDANT SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS (IMAGED) |
|
| August 10, 2020 | |||
| August 10, 2020 | Docket Event |
Legacy Minutes HEARING RE: FURTHER TSC |
|
| July 22, 2020 |
Judge: Pacheco, John M |
||
| July 22, 2020 | Docket Event |
Legacy Minutes RULING ON SUBMITTED MATTER JOHN M PACHECO,JUDGE CLERK: ARLENE GUARDADO - COURT RULES AS FOLLOWS ON SUBMITTED MATTER: PLAINTIFF'S MOTION TO CONSOLIDATE RELATED ACTIONS - SYLVIA FLORES, LAZARO FLORES'S MOTION TO CONSOLIDATE RELATED ACTIONS IS DENIED. - ANALYSIS: ALTHOUGH EACH CONSOLIDATION REQUEST IS DEPENDENT ON THE FACTS OF THE CASES, IT IS PROPER FOR THE TRIAL COURT TO DENY A MOTION TO CONSOLIDATE WHERE THE PARTIES AND ISSUES OF THE SUITS ARE NOT THE SAME (SEE BEAUDREAU V. ALLEN (1951) 102 CAL.APP.2D 552, 557), OR WHERE THE PARTY MOVING FOR CONSOLIDATION SHOWED NO PREJUDICE (FISHER V. NASH BLDG. CO. (1952) 113 CAL.APP.2D 397, 402). AS AN EXAMPLE, "CONSOLIDATION IS PROPER WHERE NUMEROUS SEPARATE LAWSUITS HAVE BEEN FILED IN THE SAME COURT ARISING OUT OF AN AIRPLANE CRASH. THE LIABILITY ISSUE (WHAT CAUSED THE CRASH) IS "COMMON" TO ALL PARTIES, AND THE SAME EVIDENCE AND SAME FACTUAL ISSUES HAVE TO BE TRIED IN EACH LAWSUIT. CONSOLIDATION WILL AVOID DUPLICATION OF PROCEEDINGS AND THE RISK OF INCONSISTENT RESULTS." (WEIL & BROWN, CAL. PRACTICE GUIDE: CIVIL PROCEDURE BEFORE TRIAL (THE RUTTER GROUP 2017) PARAGRAPHS 12:341.3.) - TO DETERMINE WHETHER CONSOLIDATION IS PROPER, IT IS NECESSARY TO EXAMINE THE GENERAL PROVISIONS OF THE SMALL CLAIMS ACT. (SECTION 116.10.) - HERE, UNDER SECTION 116.120, THE LEGISLATURE FOUND, AND IT DECLARED: - (A) INDIVIDUAL MINOR CIVIL DISPUTES ARE OF SPECIAL IMPORTANCE TO THE PARTIES AND OF SIGNIFICANT SOCIAL AND ECONOMIC CONSEQUENCE COLLECTIVELY. - (B) IN ORDER TO RESOLVE MINOR CIVIL DISPUTES EXPEDITIOUSLY, INEXPENSIVELY, AND FAIRLY, IT IS ESSENTIAL TO PROVIDE A JUDICIAL FORUM ACCESSIBLE TO ALL PARTIES DIRECTLY INVOLVED IN RESOLVING THESE DISPUTES. - (C) THE SMALL CLAIMS DIVISIONS HAVE BEEN ESTABLISHED TO PROVIDE A FORUM TO RESOLVE MINOR CIVIL DISPUTES, AND FOR THAT REASON CONSTITUTE A FUNDAMENTAL ELEMENT IN THE ADMINISTRATION OF JUSTICE AND THE PROTECTION OF THE RIGHTS AND PROPERTY OF INDIVIDUALS. - D) THE SMALL CLAIMS DIVISIONS, THE PROVISIONS OF THIS CHAPTER, AND THE RULES OF THE JUDICIAL COUNCIL REGARDING SMALL CLAIMS ACTIONS SHALL OPERATE TO ENSURE THAT THE CONVENIENCE OF PARTIES AND WITNESSES WHO ARE INDIVIDUALS SHALL PREVAIL, TO THE EXTENT POSSIBLE, OVER THE CONVENIENCE OF ANY OTHER PARTIES OR WITNESSES. - (SECTION 116.120; ROSENBERG V. SUPERIOR COURT (1998) 67 CAL.APP.4TH 860, 865; SEE SECTION 116.510 ["HEARING AND DISPOSITION OF SMALL CLAIMS ACTION SHALL BE INFORMAL, THE OBJECT BEING TO DISPENSE JUSTICE PROMPTLY, FAIRLY, AND INEXPENSIVELY"].) - IN FURTHERANCE OF THESE OBJECTIVE, "THE PRETRIAL DISCOVERY PROCEDURES DESCRIBED IN SECTION 2019.010 ARE NOT PERMITTED IN SMALL CLAIMS ACTIONS." (SECTION 116.310, SUBD. (B).) PARTIES MAY NOT BE REPRESENTED BY COUNSEL (SECTION 116.530), AND THERE IS NO RIGHT TO A JURY TRIAL (CROUCHMAN V. SUPERIOR COURT (1988) 45 CAL.3D 1167, 1171). THERE ARE ALSO LIMITED APPEAL RIGHTS. (SECTION 116.710.) - THE COURT HAS IDENTIFIED TWO CASES THAT HAVE ADDRESSED SIMILAR SITUATIONS. IN SALES DIMENSIONS V. SUPERIOR COURT (1979) 90 CAL.APP.3D 757, PLAINTIFF SUED WHELAN, ITS FORMER EMPLOYEE, AFTER WHELAN QUIT. SALES DIMENSIONS, SUPRA, 90 CAL.APP.3D AT P. 759.) IN TURN, WHELAN FILED A COMPLAINT WITH THE LABOR COMMISSIONER, CLAIMING UNPAID COMMISSIONS. (ID. AT P. 760.) THE LABOR COMMISSIONER RENDERED JUDGMENT IN WHELAN'S SALES DIMENSIONS, SUPRA, 90 CAL.APP.3D AT P. 759.) IN TURN, WHELAN FILED A COMPLAINT WITH THE LABOR COMMISSIONER, CLAIMING UNPAID COMMISSIONS. (ID. AT P. 760.) THE LABOR COMMISSIONER RENDERED JUDGMENT IN WHELANS DEPOSITION. SALES DIMENSIONS, SUPRA, 90 CAL.APP.3D AT P. 759.) IN TURN, WHELAN FILED A COMPLAINT WITH THE LABOR COMMISSIONER, CLAIMING UNPAID COMMISSIONS. (ID. AT P. 760.) THE LABOR COMMISSIONER RENDERED JUDGMENT IN WHELAN'S WAGE CLAIM, AS DISCOVERY WOULD DEFEAT THE WHOLE PURPOSE OF THE LABOR CODE STATUTE. (SALES DIMENSIONS, SUPRA, 90 CAL.APP.3D 757, 760.) - PLAINTIFF ALSO MOVED FOR AN ORDER CONSOLIDATING ITS APPEAL OF THE LABOR COMMISSIONER'S JUDGMENT WITH ITS CIVIL ACTION AGAINST WHELAN, ON THE GROUND THE TWO ACTIONS INVOLVED THE SAME ISSUES. (SALES DIMENSIONS, SUPRA, 90 CAL.APP.3D AT P. 760.) THE TRIAL COURT DENIED THE MOTION TO CONSOLIDATE FOR THE SAME REASON IT DENIED PLAINTIFF'S REQUEST TO CONDUCT DISCOVERY. (IBID.) - ON APPEAL, THE COURT COMPARED TRIALS BEFORE THE LABOR COMMISIONER AS BEING "ANALOGOUS TO A SMALL CLAIMS CASE, I.E., THE AMOUNT IN CONTROVERSY IS NOT GREAT AND THE ISSUES INVOLVED ARE NOT COMPLEX," SUCH THAT "THE COURT SHOULD GIVE EFFECT TO THE POLICY OF THE DISCOVERY STATUTES AND OF THE LABOR CODE BY LIMITING OR PRECLUDING DISCOVERY." (SALES DIMENSIONS, SUPRA, 90 CAL.APP.3D AT P. 763.) WHILE THE SALES DIMENSIONS COURT ISSUED A WRIT ORDERING THE SUPERIOR COURT TO VACATE ITS CHALLENGED RULINGS, IT REACHED THIS HOLDING BECAUSE THE SUPERIOR COURT DETERMINED CONSOLIDATION WAS NECESSARILY INAPPROPRIATE BECAUSE ONE OF THE ACTIONS WAS A TRIAL DE NOVO UNDER SECTION 98.2 OF THE LABOR CODE. (ID. AT PP. 764-765.) IN OTHER WORDS, WHILE THE TRIAL COURT'S DECISION MAY HAVE ULTIMATELY BEEN RIGHT, ITS RATIONALE FOR REACHING ITS DECISION MAY HAVE BEEN FLAWED. - IN ACUNA V. GUNDERSON CHEVROLET, INC. (1993) 19 CAL.APP.4TH 1467, THE QUESTION BEFORE THE COURT WAS WHETHER THE SUPERIOR COURT PROPERLY DENIED, AMONG OTHER THINGS, THE PLAINTIFF'S REQUEST TO CONSOLIDATE HIS SMALL CLAIMS MATTER WITH ANOTHER MATTER HE FILED WITH THE SUPERIOR COURT. (ACUNA, SUPRA, 19 CAL.APP.4TH AT P. 1472.) "IF THE REQUEST HAD BEEN GRANTED, SEVERAL OF THE STATUTORY LIMITATIONS WOULD HAVE BEEN VIOLATED INCLUDING THE PROHIBITIONS AGAINST PRETRIAL DISCOVERY, JURY TRIAL AND A PLAINTIFF'S APPEAL....MOST IMPORTANTLY, THE EFFECT OF AN ORDER GRANTING CONSOLIDATION WOULD HAVE BEEN TO THRUST THIS ACTION INTO THE MORASS OF SUPERIOR COURT LITIGATION, WITH ITS ATTENDANT DELAYS AND COMPLEXITIES, IN DIRECT CONTRAVENTION OF THE LEGISLATURE'S INTENT THAT SMALL CLAIMS CASES BE RESOLVED EXPEDITIOUSLY AND INEXPENSIVELY." (IBID. EXPEDITIOUSLY AND INEXPENSIVELY "THE TRIALCOURT WOULD HAVE ACTED IN EXCESS OF ITS JURISDICTION IF IT HAD GRANTED [PLAINTIFFS] REQUEST FOR...CONSOLIDATION. THE MOTION TO CONSOLIDATE WAS PROPERLY DENIED. (ID. AT P. 1473.) - HERE, THERE DOES APPEAR TO BE AN ONGOING HARASSMENT DISPUTE IN THE SMALL CLAIMS WHICH IS NOT MENTIONED IN THE UNLIMITED ACTION AND ALTHOUGH BOTH INVOLVE COMMON QUESTIONS OF LAW, THEY BOTH INVOLVE THE SAME PARTIES, BUT NOT NECESSARILY THE SAME INCIDENT. THE SMALL CLAIMS ACTION ALLEGES HARASSMENT THAT OCCURRED BEFORE THE MARCH 30, 2019 INCIDENT, WHICH IS THE DATE OF INCIDENT ALLEGED IN THE UNLIMITED CASE. THEREFORE, ORDERING THE CONSOLIDATION OF A SMALL CLAIMS ACTION WITH AN UNLIMITED CIVIL ACTION WOULD RUN CONTRARY TO THE STATED LEGISLATIVE PURPOSE OF THE SMALL CLAIMS ACT. - WHILE THERE IS AUTHORITY THAT A SMALL CLAIMS ACTION MAY BE CONSOLIDATED WITH AN UNLIMITED CIVIL ACTION, BASED ON THE FACTS OF THIS CASE, CONSOLIDATING THIS CASE WITH A SMALL CLAIMS ACTION WOULD THEN RUN CONTRARY TO SEVERAL PROVISIONS OF THE SMALL CLAIMS ACT, WHOSE GOAL IS TO SIMPLIFY AND EXPEDITE MINOR CIVIL DISPUTES. - IN ADDITION, SECTION 116.390 DOES NOT CHANGE THIS COURT'S DECISION, AS, AT THIS TIME, THERE IS NO INDICATION DEFENDANT'S SMALL CLAIMS ACTION AGAINST PLAINTIFF EXCEEDS THE JURISDICTIONAL LIMITS, OR THAT THEY HAVE REQUESTED THEIR SMALL CLAIMS ACTION BE TRANSFERRED TO THIS COURT. IN FACT, THEIR OPPOSITION TO THIS MOTION REFLECTS THEIR RESISTANCE TO SUCH A TRANSFER. - NOTICE GIVEN BY JUDICIAL ASSISTANT CORRESPONDENCE COVERSHEET GENERATED TO MAIL RULING ON SUBMITTED MATTER TO COUNSEL OF RECORD. ACTION - COMPLETE === MINUTE ORDER END === |
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| July 22, 2020 | Docket Event |
Legacy Minutes MOTION RE: MOTION TO CONSOLIDATE RELATED ACTIONS (6/15/20) FILED BY PLAINTIFF SYLVIA FLORES, LAZARO FLORES JOHN M PACHECO,JUDGE CLERK: ARLENE GUARDADO COURT REPORTER ROCIO GONZALEZ;10911 COURT ATTENDANT P HERNANDEZ - APPEARANCES: ATTORNEY TRISTAN R RIOS PRESENT FOR PLAINTIFF/PETITIONER. ATTORNEY KRISTINE A TIJAM APPEARS BY COURTCALL FOR SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS. - PROCEEDINGS: PREDISPOSITION HEARING HELD REMOTE HEARING HELD PURSUANT TO JUDICIAL COUNCIL EMERGENCY RULE OF COURT 3(A)(3) - MOTION SYLVIA FLORES, LAZARO FLORES'S MOTION TO CONSOLIDATE RELATED ACTIONS IS HEARD. COUNSEL ARE PROVIDED WITH THE COURT'S WRITTEN TENTATICE DECISION. ARGUED BY COUNSEL AND SUBMITTED. MATTER TAKEN UNDER SUBMISSION. - PURSUANT TO STIPULATION OF COUNSEL: COURT ADVANCES THE 8/10/20 FURTHER TRIAL SETTING CONFERENCE AND CONTINUES THE HEARING TO 10/9/20. - HEARINGS: HEARING RE:FURTHER TSC SET FOR 10/09/20 AT 09:00 IN DEPARTMENT S31. VACATE HRG HEARING SCHEDULED FOR 08/10/20 AT 09:00 IN DEPARTMENT S31. PARTIES ARE ENCOURAGED TO APPEAR REMOTELY. NOTICE WAIVED. ACTION - COMPLETE === MINUTE ORDER END === |
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| July 22, 2020 | Docket Event |
Comment: FILE RETAINED IN S31 |
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| July 09, 2020 | Docket Event |
Opposition to Motion Filed OPPOSITION TO MOTION RE: TO PLA'S MTN TO CONSOLIDATE SET FOR HEARING ON 07/22/20, FILED BY DEFENDANT ESPERANZA LEMUS, ABELARDO LEMUS, SINDIA LEMUS (IMAGED) |
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| June 23, 2020 | Docket Event |
Reply Filed REPLY TO DEF OPPOSITION TO MOTION RE:MOTION TO CONSOLIDATE SET FOR HEARING ON 07/22/20 FILED BY SYLVIA FLORES, LAZARO FLORES. (IMAGED) |
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| June 15, 2020 | Docket Event |
Motion Filed MOTION RE: MOTION TO CONSOLIDATE RELATED ACTIONS SET FOR HEARING ON 07/22/20, FILED BY PLAINTIFF SYLVIA FLORES, LAZARO FLORES (IMAGED) |
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| June 15, 2020 | Docket Event | FILING FEE PAID BY SYLVIA FLORES, LAZARO FLORES FOR MOTION TO CONSOLIDATE 200626-0273-VS MMF/ 60.00 CRU/ 30.00 PAYMT 200626-0273-VS REFERENCE NUMBER 035-0023627100 | |
| June 10, 2020 | Docket Event |
Conversion event INITIAL TRIAL SETTING CONFERENCE ORDER SIGNED AND FILED. |
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| June 10, 2020 | Docket Event |
Miscellaneous Document Filed PLAINTIFFS INITIAL TRIAL SETTING CONFERENCE STATEMENT FILED. |
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| June 10, 2020 |
Judge: Pacheco, John M |
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| June 10, 2020 | Docket Event |
Legacy Minutes TRIAL SETTING CONFERENCE JOHN M PACHECO,JUDGE CLERK: ARLENE GUARDADO MATTER NOT REPORTED OR ELECTRONICALLY RECORDED. COURT ATTENDANT P HERNANDEZ - APPEARANCES: NO APPEARANCE. - PROCEEDINGS: PREDISPOSITION HEARING HELD ACTION CAME ON FOR INITIAL TRIAL SETTING CONFERENCE. IN-CAMERA HEARING HELD. COURT HAS READ AND CONSIDERED THE JOINT INITIAL TRIAL SETTING CONFERENCE STATEMENTS FILED AND FINDS THE FOLLOWING: COURT ORDERS HEARING CONTINUED. INITIAL TRIAL SETTING CONFERENCE ORDER SIGNED AND FILED - HEARINGS: HEARING RE:FURTHER TSC SET FOR 08/10/20 AT 09:00 IN DEPARTMENT S31. NOTICE GIVEN BY JUDICIAL ASSISTANT CORRESPONDENCE COVERSHEET GENERATED TO MAIL MINUTE ORDER DATED 6/10/20 TO COUNSEL OF RECORD. ACTION - COMPLETE === MINUTE ORDER END === |
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| June 04, 2020 | Docket Event |
Miscellaneous Document Filed DEFENDANT'S INITIAL TRIAL SETTING CONFERENCE STATEMENT FILED. |
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| April 01, 2020 | |||
| April 01, 2020 | Docket Event |
Legacy Minutes TRIAL SETTING CONFERENCE |
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| March 30, 2020 | Docket Event | NOTICE IMAGED | |
| March 30, 2020 | Docket Event |
On the Courts own Motion, the Court Continues This Matter re ON THE COURTS OWN MOTION, THE COURT CONTINUES THIS MATTER PURS. TO GEN. ORDER OF TRHE PRESIDING JUDGE IN RE: IMPLEMENTATIN OF EMERGENCY RELIEF AUTHORIZED PURS. GC6815 BY CHAIR OF JUDICIAL COUNCIL. |
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| March 30, 2020 | Docket Event |
Vacate Hearing Scheduled VACATE TSCCV HEARING SCHEDULED FOR 04/01/20 AT 08:30 IN DEPARTMENT S31. |
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| March 30, 2020 | Docket Event |
On Court's Motion, Hearing Previously Set is Ordered Reset ON COURT'S MOTION, THE TRIAL SETTING CONFERENCE HEARING PRESENTLY SET IN THIS CASE, IS ORDERED RESET FOR 06/10/20 AT 08:30 IN DEPARTMENT S31. NOTICE SENT TO ALL COUNSEL OF RECORD. |
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| March 03, 2020 | Docket Event |
Opposition to Motion Filed OPPOSITION TO MOTION RE: TO CONSOLIDATE SET FOR HEARING ON 03/16/20, FILED BY DEFENDANT SINDIA LEMUS, ABELARDO LEMUS, ESPERANZA LEMUS (IMAGED) |
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| February 13, 2020 | |||
| February 13, 2020 | Docket Event |
Legacy Minutes TRIAL SETTING CONFERENCE |
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| February 03, 2020 | Docket Event | SUBSTITUTION OF ATTORNEY FILED; SUBSTITUTING PRO/PER WITH PROCTER, SHYER & WINTER, LLP AS ATTORNEY OF RECORD FOR ABELARDO LEMUS. | |
| January 30, 2020 | Docket Event | NOTICE OF RETURN OF DOCUMENT(S) | |
| January 30, 2020 | Docket Event | SUBSTITUTION OF ATTORNEY FILED; SUBSTITUTING PRO/PER WITH PROCTER, SHYER & WINTER, LLP AS ATTORNEY OF RECORD FOR SINDIA LEMUS. | |
| January 30, 2020 | Docket Event | SUBSTITUTION OF ATTORNEY FILED; SUBSTITUTING PRO/PER WITH PROCTER, SHYER & WINTER, LLP AS ATTORNEY OF RECORD FOR ESPERANZA LEMUS. | |
| January 30, 2020 | Docket Event |
Document is Returned by Court for the Following Reason(s): SUBSTITUTION OF ATTORNEY RCVD VIA TURBOCOURT IS RETURNED BY COURT FOR THE FOLLOWING REASON(S): PARTY NAME DOES NOT MATCH COURT RECORDS. PLEASE REVISE. |
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| January 27, 2020 | Docket Event |
On Court's Motion, Hearing Previously Set is Ordered Reset ON COURT'S MOTION, THE TRIAL SETTING CONFERENCE HEARING PRESENTLY SET IN THIS CASE, IS ORDERED RESET FOR 04/01/20 AT 08:30 IN DEPARTMENT S31. NOTICE SENT TO ALL COUNSEL OF RECORD. |
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| December 03, 2019 | Docket Event |
Notice Filed Re: NOTICE OF RELATED CASE FILED BY SYLVIA FLORES, LAZARO FLORES. |
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| November 12, 2019 | Docket Event |
Proof of Service of Summons and Comp/Pet Filed PROOF OF SERVICE OF SUMMONS AND COMP/PET ON ABELARDO LEMUS; DEFENDANT/RESPONDENT SERVED ON 09/25/19 WITH COSTS OF $0.00 FILED. |
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| November 12, 2019 | Docket Event |
Proof of Sub-Service Filed, As to: with fees of: PROOF OF SUB-SERVICE OF SUMMONS AND COMP/PET AS TO SINDIA LEMUS SERVED ON 10/03/19 WITH FEES OF $0.00. |
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| November 12, 2019 | Docket Event | FILING FEE PAID BY SYLVIA FLORES, LAZARO FLORES FOR FAX 191125-0593-VS FAX/ 7.00 PAYMT 191125-0593-VS REFERENCE NUMBER 037-0010323892 | |
| November 12, 2019 | Docket Event |
Proof of Sub-Service Filed, As to: with fees of: PROOF OF SUB-SERVICE OF SUMMONS AND COMP/PET AS TO ESPERANZA LEMUS SERVED ON 10/03/19 WITH FEES OF $0.00. |
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| October 24, 2019 | Docket Event | ANSWER FILED BY ABELARDO LEMUS; PARTY REPRESENTED BY PRO/PER. | |
| October 24, 2019 | Docket Event | ANSWER FILED BY ESPERANZA LEMUS; PARTY REPRESENTED BY PRO/PER. | |
| October 24, 2019 | Docket Event | ORDER ON COURT FEE WAIVER GRANTED FILED. | |
| October 24, 2019 | Docket Event |
Request for Waiver of Court Fees and Costs filed is Granted REQUEST FOR WAIVER OF COURT FEES AND COSTS FILED BY SINDIA LEMUS IS GRA |
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| October 24, 2019 | Docket Event | ANSWER FILED BY SINDIA LEMUS; PARTY REPRESENTED BY PRO/PER. | |
| October 24, 2019 | Docket Event |
Party Added ON THE COMPLAINT (UNLIMITED) OF SYLVIA FLORES, ESPERANZA LEMUS IS ADDED AS A DEFENDANT. |
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| October 24, 2019 | Docket Event |
Party Removed ON COMPLAINT (UNLIMITED) OF SYLVIA FLORES, ABEL LEMAS REMOVED AS A PARTY. |
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| October 24, 2019 | Docket Event |
Filing Fee Waived for FILING FEE WAIVED ON ABELARDO LEMUS FOR FIRST APPEARANCE IN THE AMOUNT OF $435.00. |
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| October 24, 2019 | Docket Event |
Request for Waiver of Court Fees and Costs Filed REQUEST FOR WAIVER OF COURT FEES & COSTS FILED BY ESPERANZA LEMAS. |
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| October 24, 2019 | Docket Event |
Filing Fee Waived for FILING FEE WAIVED ON SINDIA LEMUS FOR FIRST APPEARANCE IN THE AMOUNT OF $435.00. |
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| October 24, 2019 | Docket Event |
Party Added ON THE COMPLAINT (UNLIMITED) OF SYLVIA FLORES, SINDIA LEMUS IS ADDED AS A DEFENDANT. |
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| October 24, 2019 | Docket Event |
Request for Waiver of Court Fees and Costs filed is Granted REQUEST FOR WAIVER OF COURT FEES AND COSTS FILED BY ESPERANZA LEMAS IS GRA |
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| October 24, 2019 | Docket Event |
Party Removed ON COMPLAINT (UNLIMITED) OF SYLVIA FLORES, SINDIA LEMAS REMOVED AS A PARTY. |
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| October 24, 2019 | Docket Event |
Filing Fee Waived for FILING FEE WAIVED ON ESPERANZA LEMAS FOR FIRST APPEARANCE IN THE AMOUNT OF $435.00. |
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| October 24, 2019 | Docket Event |
Request for Waiver of Court Fees and Costs Filed REQUEST FOR WAIVER OF COURT FEES & COSTS FILED BY SINDIA LEMUS. |
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| October 24, 2019 | Docket Event |
Request for Waiver of Court Fees and Costs filed is Granted REQUEST FOR WAIVER OF COURT FEES AND COSTS FILED BY ABELARDO LEMUS IS GRA |
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| October 24, 2019 | Docket Event | ANSWER FILED BY ESPERANZA LEMAS; PARTY REPRESENTED BY PRO/PER. | |
| October 24, 2019 | Docket Event |
Request for Waiver of Court Fees and Costs Filed REQUEST FOR WAIVER OF COURT FEES & COSTS FILED BY ABELARDO LEMUS. |
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| October 24, 2019 | Docket Event |
Party Added ON THE COMPLAINT (UNLIMITED) OF SYLVIA FLORES, ABELARDO LEMUS IS ADDED AS A DEFENDANT. |
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| October 24, 2019 | Docket Event |
Party Removed ON COMPLAINT (UNLIMITED) OF SYLVIA FLORES, ESPERANZA LEMAS REMOVED AS A PARTY. |
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| October 23, 2019 | Docket Event |
Notice Sent re: NOTICE OF RETURN OF DOCUMENTS SENT. |
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| August 20, 2019 | Docket Event |
Fee Voided ** VOID ** FEE RECEIPT# 190820-0697 VOIDED BY DNEWC FROM ALGAR WRONG PARTY SELECTED |
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| August 20, 2019 | Docket Event |
Fee Voided ** VOID ** FEE RECEIPT# 190820-0693 VOIDED BY DNEWC FROM ALGAR WRONG PARTY SELECTED |
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| August 13, 2019 | Docket Event | NOTICE IMAGED | |
| August 13, 2019 | Docket Event | SUMMONS ISSUED AND FILED | |
| August 13, 2019 | Docket Event | CERTIFICATE OF ASSIGNMENT RECEIVED. | |
| August 13, 2019 | Docket Event | FILING FEE PAID BY SYLVIA FLORES, LAZARO FLORES, ESPERANZA LEMAS FOR 1ST APPEARANCE 190820-0693-VS CVH/ 435.00 PAYMT 190820-0693-VS REFERENCE NUMBER 033-0146459419 | |
| August 13, 2019 | Docket Event | FILING FEE PAID BY SYLVIA FLORES, LAZARO FLORES FOR 1ST APPEARANCE 190820-0794-VS CVH/ 435.00 PAYMT 190820-0794-VS REFERENCE NUMBER 033-0146459419 | |
| August 13, 2019 | Docket Event | FILING FEE PAID BY SYLVIA FLORES, LAZARO FLORES, ESPERANZA LEMAS FOR FAX FEES 190820-0697-VS FAX/ 9.00 PAYMT 190820-0697-VS REFERENCE NUMBER 033-0146459419 | |
| August 13, 2019 | Docket Event | CASE ASSIGNED FOR ALL PURPOSES TO DEPARTMENT S31 | |
| August 13, 2019 | Docket Event |
Plaintiff First Paper Fee Previously Paid in Full PLAINTIFF SYLVIA FLORES, LAZARO FLORES FIRST PAPER FEE PREVIOUSLY PAID IN FULL. |
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| August 13, 2019 | Docket Event | COMPLAINT AND PARTY INFORMATION ENTERED | |
| August 13, 2019 | Docket Event | FILING FEE PAID BY SYLVIA FLORES, LAZARO FLORES FOR FAX 190820-0796-VS FAX/ 9.00 PAYMT 190820-0796-VS REFERENCE NUMBER 033-0146459419 |
