Antonio Villa, et al. v. Pedro Molina
Published: Jul. 13, 1996 | Result Date: Mar. 25, 1996 | Filing Date: Jan. 1, 1900 |Case number: 287105 – $0
Judge
Court
Orange Municipal
Attorneys
Plaintiff
Steven L. Mazza
(Carpenter, Zuckerman & Rowley LLP)
Defendant
Experts
Plaintiff
Joseph Smith
(technical)
Defendant
Warren E. Clark
(technical)
Facts
On February 16, 1994, the plaintiffs, Antonio Villa, a 25-year-old carpenter, Octavio Sosa, a 23-year-old scaffold builder and Samuel Sosa, a 21-year-old carpenter/scaffold builder, were traveling southbound on Baker Street in Santa Ana in Villa's Firebird. The plaintiff were allegedly traveling at approximately 30 mph when the defendant, Pedro Molina operating a Toyota Celica ran a stop sign and "T-boned" the plaintiff's vehicle. Defendant Molina ostensibly admitted liability at the time. The plaintiffs brought this action against the defendant based on negligence theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $_____________ . The defendant made a C.C.P. º998 offer of compromise for $______________ .
Damages
The plaintiff's vehicle sustained $1,200 in damage.
Injuries
The plaintiffs alleged that they sustained soft tissue injuries, primarily in the neck and lower back requiring physical therapy as a result of the accident.
Other Information
The verdict was reached approximately _____ years and _____ and _______ months after the case was filed. A settlement conference/arbitration/mediation was held on ____/____/19____ before _____________ (name) of _____________________ (affiliation or court) resulting in ____________. The plaintiff initially took a default judgment against the defendant, Molina, that was set aside. Molina was never located and he did not appear at trial, or testify, and no discovery was forthcoming from him. Additionally, the plaintiff sent requests for admissions which were later deemed admitted for failure to answer wherein defendant admitted liability, negligence and so forth for "the accident". However, plaintiff failed to articulate requests for admissions whereby the accident could be specifically referenced by individual vehicles, date, time place and so forth.
Deliberation
1+ hours
Poll
12-0
Length
5 days
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