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D.A.C-V-APPLE VALLEY ET AL Print
On October 22, 2020 a civil rights 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 Jay H Robinson presiding.
Case Details
Case Number
Filing Date
October 22, 2020
Last Refreshed
May 21, 2024
Filing Location
San Bernardino County, CA
Filing Court House
Superior
OTHER JUDGES ON THIS CASE
Overview
informally resolve the question of whether the FAC states sufficient facts to constitute a valid
Case Complaint Summary
This complaint is a first amended complaint for damages filed by Plaintiff D.A.C., a minor, through his Guardian ad Litem Elizabeth Cardenas against Apple Valley Unified School District (AVUSD) and its employees. The case is being heard in the Su…...
Parties
Plaintiffs
D.A.C
Attorneys for Plaintiffs
Desimone, Vincent James
Defendants
Apple Valley Unified School District
Does 1 Through 50
Principal Jeremiah Harrison In His Individual And Official Capacity
Vice Principal Michelle Ponce In Her Individual And Official
Attorneys for Defendants
Aarvig & Associates, Apc
Other Parties
Cardenas, Elizabeth
(Guardian Ad Litem)
Conv
(Conversion Event)
Case Documents
Certificate Order Vacating Docs Filed. Ntc Sent to Parties
Date: Mar 12, 2024
Case Re-Assigned to Dept for all Purposes, Notice sent
Date: Feb 05, 2024
Correspondence Coversheet Generated to Mail:
Date: Jan 03, 2024
Correspondence Coversheet Generated to Mail:
Date: Nov 28, 2023
Document is Returned by Court for the Following Reason(s):
Date: Jan 26, 2023
Notice of Re-Assignment
Date: Jan 24, 2023
Order Filed Re:
Date: Jan 24, 2023
Order Filed Re:
Date: Nov 18, 2022
Declaration re:
Date: Nov 17, 2022
Declaration re:
Date: Nov 17, 2022
Document is Returned by Court for the Following Reason(s):
Date: Jul 02, 2021
Filing Fees Due to the Court on or Before
Date: Jan 07, 2021
Document is Returned by Court for the Following Reason(s):
Date: Dec 16, 2020
Summons Issued and Filed
Date: Oct 28, 2020
Petition Order for Appt of Guardian Ad Litem Granted
Date: Oct 28, 2020
Certificate of Assignment Received
Date: Oct 22, 2020
Civil Case Cover Sheet Filed
Date: Oct 22, 2020Case Events
| Date | Type | Description | |
|---|---|---|---|
| May 21, 2024 |
Department S35 - SBJC
Judge: Robinson, Jay H |
||
| March 22, 2024 | Docket Event |
Returned Mail Received from Postal Service Certificate and Order vacating documents |
|
| March 12, 2024 | Docket Event |
Certificate & Order Vacating Docs Filed. Ntc Sent to Parties Vacating Petition for Compromise, Decl filed on 1/13/2024 via eFile. |
|
| February 21, 2024 | Docket Event |
Returned Mail Received from Postal Service Notice of Re-Assignment of Case |
|
| February 21, 2024 |
Department S35 - SBJC
Judge: Robinson, Jay H |
||
| February 05, 2024 | Docket Event | Case Re-Assigned to Dept for all Purposes, Notice sent | |
| January 31, 2024 | Docket Event |
Return Mail return to sender unable to forward - copy of 01/03/2024 minute order |
|
| January 03, 2024 | Docket Event |
Petition Filed (Civil) Vacated Petition Filed (Civil) (Petitions) |
|
| January 03, 2024 | Docket Event |
Correspondence Coversheet Generated to Mail: 1/3/2024 minute order |
|
| January 03, 2024 | Docket Event |
Declaration Filed Vacated Declaration Filed (Declarations) |
|
| January 03, 2024 |
Department S37 - SBJC
Judge: Lee, Corey G |
||
| January 02, 2024 | Docket Event |
Notice of Remote Appearance Electronically Filed Notice of Remote Appearance (Appearances) |
|
| December 12, 2023 | Docket Event |
Returned Mail Received from Postal Service 11/28/23 Ntc of Cont-not deliverable as addresse, unable to fwd |
|
| November 29, 2023 | Docket Event |
Declaration Filed DECLARATION OF V. JAMES DESIMONE, ESQ. REGARDING ORDER TO SHOW CAUSE REGARDING DISMISSAL AND PEITTION FOR MINORS COMPROMISE (Declarations) |
|
| November 28, 2023 | Docket Event |
Correspondence Coversheet Generated to Mail: On the Court's own motion, the hearing currently set for 12/1/2023 is hereby continued to 1/3/2024 at 8:30 am in Dept. S37 |
|
| September 26, 2023 | Docket Event | Party appeared by audio and/or video | |
| September 26, 2023 |
Department S37 - SBJC
Judge: Lee, Corey G |
||
| July 17, 2023 | Docket Event | Party appeared by audio and/or video | |
| July 17, 2023 |
Department S15 - SBJC
Judge: Lee, Corey G |
||
| February 27, 2023 |
Department S15 - SBJC
Judge: Lee, Corey G |
||
| February 23, 2023 |
Department S15 - SBJC
Judge: Lee, Corey G |
||
| February 10, 2023 | Docket Event | Notice of Settlement of Entire Action Filed (Conditional) | |
| January 30, 2023 |
Department S30 - SBJC
Judge: McCarville, Brian S |
||
| January 26, 2023 | Docket Event |
Document is Returned by Court for the Following Reason(s): Proposed order granting Motion to compel Plaintiffs Attendance at independent mental examinatin - recieved 11/30/22 - filed on 12/6/22 - Duplicate submission |
|
| January 26, 2023 |
Department S30 - SBJC
Judge: McCarville, Brian S |
||
| January 24, 2023 | Docket Event | Notice of Re-Assignment | |
| January 24, 2023 | Docket Event |
Order Filed Re: on stipulation to continue trial and all related dates |
|
| January 24, 2023 | Docket Event |
Filing Fee Paid by $20 check paid by plaintiff for stipulation fees.Paid on 01/24/23 |
|
| January 23, 2023 | Docket Event |
Stipulation Filed re: Stip to Continue Trial of 30 Days filed by Plainitff filed on 1/23/23 |
|
| January 19, 2023 | Docket Event |
Motion in Limine re: Plaintiffs #1 |
|
| January 18, 2023 | Docket Event |
Motion in Limine re: Defendants #2 |
|
| January 18, 2023 | Docket Event |
Motion in Limine re: Defendants #3 |
|
| January 18, 2023 | Docket Event |
Motion in Limine re: Defendants #9 |
|
| January 18, 2023 | Docket Event |
Motion in Limine re: Defendants #8 |
|
| January 18, 2023 | Docket Event |
Motion in Limine re: Defendants #10 |
|
| January 18, 2023 | Docket Event |
Motion in Limine re: Defendants #5 |
|
| January 18, 2023 | Docket Event |
Motion in Limine re: Defendants #4 |
|
| January 18, 2023 | Docket Event |
Motion in Limine re: Defendants #1 |
|
| January 18, 2023 | Docket Event |
Motion in Limine re: Defendants #6 |
|
| January 18, 2023 | Docket Event |
Motion in Limine re: Defendants #7 |
|
| January 03, 2023 |
Department S30 - SBJC
Judge: McCarville, Brian S |
||
| December 06, 2022 | Docket Event |
Order Filed Re: granting Motion to Compel Plaintiff's attendance at independent mental examination |
|
| November 29, 2022 | Docket Event |
Government Exemption - Fees Waived pursuant to GC 6103.5 STIP AND ORDER |
|
| November 22, 2022 | Docket Event | Notice of Ruling Filed | |
| November 18, 2022 | Docket Event |
Order Filed Re: granting Ex Parte Application for order to advance hearing date on Motion to Compel Plaintiff's attendance at independent mental examination |
|
| November 18, 2022 |
Department S30 - SBJC
Judge: McCarville, Brian S |
||
| November 17, 2022 | Docket Event |
Declaration re: of Elizabeth Cardenas, filed by Plaintiff D.A.C. on amended complaint |
|
| November 17, 2022 | Docket Event |
Declaration Filed of V. James Desimone in support of opposition to Ex Parte motion to advance motion to compel Plaintiff's attendance at independent medical examination |
|
| November 17, 2022 | Docket Event |
Motion re: for a protective order, filed by Plaintiff D.A.C. on amended complaint filed 2/26/21 |
|
| November 17, 2022 | Docket Event |
Opposition to Motion Filed Plaintiff D.A.C., by an through his Guardian Ad Litem, Elizabeth Cardenas' opposition to Defendants Apply Valley Unified School District's Ex Parte Application for an Order to advance hearing date on motion to compel Plaintiff's attendance at independent medical examination |
|
| November 17, 2022 | Docket Event |
Declaration re: of Ann Strimov Durbin, filed by amended complaint |
|
| November 17, 2022 | Docket Event |
Filing Fee Paid by $90.00 ck paid on 11/23/22 for motion |
|
| November 15, 2022 | Docket Event |
Ex Parte Application for Order to advance Hearing date on Motion to Compel |
|
| November 15, 2022 | Docket Event | Proof of Service Filed | |
| November 15, 2022 | Docket Event |
Government Exemption - Fees Waived pursuant to GC 6103.5 Ex Parte Motion |
|
| November 08, 2022 | Docket Event |
Separate Statement Filed In support of motion to compel plaintiff's attendance for mental examination |
|
| November 08, 2022 | Docket Event |
Motion to Compel Plaintiff's attendance for mental examination |
|
| November 08, 2022 | Docket Event |
Government Exemption - Fees Waived pursuant to GC 6103.5 Motion and court reporter fee |
|
| October 05, 2022 | Docket Event | Notice of Change of Address Filed | |
| September 13, 2021 | Docket Event |
Notice of Advanced Jury Fees Posted Filed Filed by Plaintiff D.A.C. |
|
| September 13, 2021 | Docket Event |
Filing Fee Paid by $150.00 ck paid on 09/23/2021 for Advanced Jury Fees |
|
| September 10, 2021 | hearing |
Trial Setting Conference Judicial Officer McCarville, Brian S Hearing Time 8:30 AM
|
|
| September 10, 2021 |
Department S30 - SBJC
Judge: McCarville, Brian S |
||
| August 30, 2021 | Docket Event | Initial Trial Setting Conference Statement Filed | |
| August 30, 2021 | hearing | Initial Trial Setting Conference Statement Filed View Document Initial Trial Setting Conference Statement Filed | |
| August 20, 2021 | Docket Event | At-Issue Memorandum Filed | |
| August 20, 2021 | Docket Event | Initial Trial Setting Conference Statement Filed | |
| August 20, 2021 | hearing | At-Issue Memorandum Filed View Document At-Issue Memorandum Filed | |
| August 20, 2021 | hearing | Initial Trial Setting Conference Statement Filed View Document Initial Trial Setting Conference Statement Filed | |
| July 13, 2021 | Docket Event |
Notice of Advanced Jury Fees Posted Filed filed by Defendants; Apple Valley Unified School District; Jeremiah Harrison & Michelle Ponce |
|
| July 13, 2021 | Docket Event |
Filing Fee Paid by $150.00 ck paid on 08/25/2021 for Advanced Jury Fees |
|
| July 13, 2021 | hearing | Filing Fee Paid by Comment $150.00 ck paid on 08/25/2021 for Advanced Jury Fees | |
| July 13, 2021 | hearing | Notice of Advanced Jury Fees Posted Filed View Document Notice of Advanced Jury Fees Posted Filed Comment filed by Defendants; Apple Valley Unified School District; Jeremiah Harrison & Michelle Ponce | |
| July 08, 2021 | Docket Event |
Notice of Advanced Jury Fees Posted Filed $150.00 check paid on 07/13/2021 for advance jury fee |
|
| July 08, 2021 | hearing | Notice of Advanced Jury Fees Posted Filed View Document Notice of Advanced Jury Fees Posted Filed Comment $150.00 check paid on 07/13/2021 for advance jury fee | |
| July 02, 2021 | Docket Event |
Document is Returned by Court for the Following Reason(s): Notice of posting jury fees received 06/29/21 Jury fees are not exempt. |
|
| July 02, 2021 | hearing | Document is Returned by Court for the Following Reason(s): View Document Document is Returned by Court for the Following Reason(s): Comment Notice of posting jury fees received 06/29/21 Jury fees are not exempt. | |
| June 29, 2021 | Docket Event | Demand for Jury Trial Filed | |
| June 29, 2021 | Docket Event | Answer Filed | |
| June 29, 2021 | Docket Event |
Miscellaneous Document Filed Designation of trial counsel |
|
| June 29, 2021 | hearing | Miscellaneous Document Filed View Document Miscellaneous Document Filed Comment Designation of trial counsel | |
| June 29, 2021 | hearing | Demand for Jury Trial Filed View Document Demand for Jury Trial Filed | |
| June 29, 2021 | hearing | Answer Filed View Document Answer Filed | |
| June 14, 2021 | Docket Event |
Stipulation & Order filed To strike portions of first amended complaint against Defendants |
|
| June 14, 2021 | Docket Event | Notice of Ruling Filed | |
| June 14, 2021 | hearing | Stipulation & Order filed View Document Stipulation & Order filed Comment To strike portions of first amended complaint against Defendants | |
| June 14, 2021 | hearing | Notice of Ruling Filed View Document Notice of Ruling Filed | |
| June 10, 2021 | hearing |
Demurrer View Document **CV - Portal Minute Order Judicial Officer McCarville, Brian S Hearing Time 9:00 AM Result Held Comment Notice of Demurrer and Demurrer to First Amended Complaint; memorandum of points and authorities; declaration of William A. Pennell in support, filed by Defendants Apple Valley Unified School District, Jeremiah Harrison, and Michelle Ponce on 5/3/21
|
|
| June 10, 2021 |
Department S30 - SBJC
Judge: McCarville, Brian S |
||
| June 03, 2021 | Docket Event |
Reply Filed to Opposition to Demurrer to First Amended Complaint |
|
| June 03, 2021 | hearing | Reply Filed View Document Reply Filed Comment to Opposition to Demurrer to First Amended Complaint | |
| May 27, 2021 | Docket Event |
Opposition to Motion Filed to Demurrer to First Amended Complaint |
|
| May 27, 2021 | hearing | Opposition to Motion Filed View Document Opposition to Motion Filed Comment to Demurrer to First Amended Complaint | |
| May 03, 2021 | Docket Event | Declaration of Good Faith Attempt to Meet & Confer | |
| May 03, 2021 | Docket Event |
Demurrer Filed Notice of Demurrer and Demurrer to First Amended Complaint; memorandum of points and authorities; declaration of William A. Pennell in support |
|
| May 03, 2021 | Docket Event |
Government Exemption - Fees Waived pursuant to GC 6103.5 motion fee |
|
| May 03, 2021 | hearing | Good Faith Attempt to Meet and Confer Served 05/06/2021 Served 05/06/2021 Served 05/06/2021 | |
| May 03, 2021 | hearing | Government Exemption - Fees Waived pursuant to GC 6103.5 Comment motion fee | |
| May 03, 2021 | hearing | Declaration of Good Faith Attempt to Meet & Confer View Document Declaration of Good Faith Attempt to Meet & Confer | |
| May 03, 2021 | hearing | Demurrer Filed View Document Government Exemption - Fees Waived pursuant to GC 6103.5 Comment Notice of Demurrer and Demurrer to First Amended Complaint; memorandum of points and authorities; declaration of William A. Pennell in support | |
| April 22, 2021 | hearing | Legacy Minutes Comment TRIAL SETTING CONFERENCE | |
| April 22, 2021 | hearing |
Trial Setting Conference Judicial Officer McCarville, Brian S Hearing Time 09:00 AM Cancel Reason Vacated
|
|
| April 22, 2021 |
Department S30 - SBJC
Judge: McCarville, Brian S |
||
| April 22, 2021 | Docket Event |
Legacy Minutes TRIAL SETTING CONFERENCE |
|
| March 03, 2021 | Docket Event |
Returned Mail Received from Postal Service Proof of service of summons, and declaration |
|
| February 26, 2021 | Docket Event |
Amended Complaint Filed First Amended Complaint |
|
| February 26, 2021 | Docket Event |
Proof of Service of Summons and Comp/Pet Filed By Electronic Service |
|
| February 26, 2021 | hearing | Electronic Service Served | |
| February 26, 2021 | hearing | Proof of Service of Summons and Comp/Pet Filed Comment By Electronic Service | |
| February 26, 2021 | hearing | Amended Complaint Filed View Document Amended Complaint Filed Comment First Amended Complaint | |
| February 16, 2021 | hearing |
Motion for Relief From Claim Requirement View Document **CV - Portal Minute Order Judicial Officer McCarville, Brian S Hearing Time 9:00 AM Result Held Comment Motion for Relief filed by Plaintiff D.A.C on 122421
|
|
| February 16, 2021 |
Department S30 - SBJC
Judge: McCarville, Brian S |
||
| January 14, 2021 | Docket Event | Balance Paid on Case | |
| January 14, 2021 | Docket Event |
Filing Fee Paid by $90.00 CK PAID ON 1/14/21 FOR MOTION FEES |
|
| January 14, 2021 | hearing | Balance Paid on Case | |
| January 14, 2021 | hearing | Filing Fee Paid by Comment $90.00 CK PAID ON 1/14/21 FOR MOTION FEES | |
| January 07, 2021 | Docket Event |
Filing Fees Due to the Court on or Before 90.00 For Motion for Relief |
|
| January 07, 2021 | Docket Event |
Proof of service by Mail and Ack of receipt of service Service Filed |
|
| January 07, 2021 | Docket Event |
Balance Due on Case 90.00 for Motion for Relief From Government Claim Filing Requirement |
|
| January 07, 2021 | hearing | Service by Mail & Acknowledgment of Receipt of Service Served 12/23/2020 | |
| January 07, 2021 | hearing | Proof of service by Mail and Ack of receipt of service View Document Proof of service by Mail and Ack of receipt of service Comment Service Filed | |
| January 07, 2021 | hearing | Filing Fees Due to the Court on or Before View Document Filing Fees Due to the Court on or Before Comment 90.00 For Motion for Relief | |
| January 07, 2021 | hearing | Balance Due on Case Comment 90.00 for Motion for Relief From Government Claim Filing Requirement | |
| December 24, 2020 | Docket Event |
Motion re: For Relief From Government Claim Filing Requirement |
|
| December 24, 2020 | hearing | Declaration in Support of Motion re: View Document Declaration in Support of Motion re: Comment For Relief From Government Claim Filing Requirement | |
| December 24, 2020 | hearing | Motion re: View Document Motion re: Comment For Relief From Government Claim Filing Requirement | |
| December 24, 2020 | Docket Event |
Declaration in Support of Motion re: For Relief From Government Claim Filing Requirement |
|
| December 17, 2020 | Docket Event |
Declaration re: Good faith attempt to meet and confer |
|
| December 17, 2020 | Docket Event | Proof of Sub-Service Filed. As to: | |
| December 17, 2020 | Docket Event |
Government Exemption - Fees Waived pursuant to GC 6103.5 1st appearance fees |
|
| December 17, 2020 | hearing | Substituted Service Served 07/24/2020 | |
| December 17, 2020 | hearing | Good Faith Attempt to Meet and Confer Served | |
| December 17, 2020 | hearing | Proof of Sub-Service Filed. As to: View Document Proof of Sub-Service Filed. As to: | |
| December 17, 2020 | hearing | Government Exemption - Fees Waived pursuant to GC 6103.5 Comment 1st appearance fees | |
| December 17, 2020 | hearing | Declaration re: View Document Declaration re: Comment Good faith attempt to meet and confer | |
| December 16, 2020 | Docket Event |
Document is Returned by Court for the Following Reason(s): proof of service |
|
| December 16, 2020 | hearing | Document is Returned by Court for the Following Reason(s): View Document Notice Returning Documents Comment proof of service | |
| November 23, 2020 | Docket Event | Proof of Sub-Service Filed. As to: | |
| November 23, 2020 | hearing | Substituted Service Served 11/19/2020 | |
| November 23, 2020 | hearing | Proof of Sub-Service Filed. As to: View Document Proof of Sub-Service Filed. As to: | |
| October 28, 2020 | Docket Event | SUMMONS ISSUED AND FILED | |
| October 28, 2020 | Docket Event |
Petition & Order for Appt of Guardian Ad Litem Granted PETITION & ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM FOR MINOR D.A.C IS ELIZABETH CARDENAS -GRANTED-. SIGNED BY BRIAN S MCCARVILLE. |
|
| October 28, 2020 | hearing | Summons Issued and Filed View Document SUMMONS ISSUED AND FILED Comment SUMMONS ISSUED AND FILED | |
| October 28, 2020 | hearing | Petition & Order for Appt of Guardian Ad Litem Granted View Document PETITION & ORDER FOR APPOINTMENT OF GUARDIAN AD LI Comment PETITION & ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM FOR MINOR D.A.C IS ELIZABETH CARDENAS -GRANTED-. SIGNED BY BRIAN S MCCARVILLE. | |
| October 22, 2020 | Docket Event | COMPLAINT AND PARTY INFORMATION ENTERED | |
| October 22, 2020 | Docket Event | CERTIFICATE OF ASSIGNMENT RECEIVED. | |
| October 22, 2020 | Docket Event | NOTICE IMAGED | |
| October 22, 2020 | Docket Event | CIVIL CASE COVER SHEET FILED. | |
| October 22, 2020 | Docket Event | FILING FEE PAID BY D.A.C FOR FIRST APPEARANCE FEE 201027-0485-CK CVH/ 435.00 PAYMT 201027-0485-CK REFERENCE NUMBER 157957 | |
| October 22, 2020 | Docket Event |
Jurisdiction Verified Apple Valley, CA 92308 |
|
| October 22, 2020 | Docket Event | CASE ASSIGNED FOR ALL PURPOSES TO DEPARTMENT S30 | |
| October 22, 2020 | Docket Event |
Plaintiff First Paper Fee Previously Paid in Full PLAINTIFF D.A.C FIRST PAPER FEE PREVIOUSLY PAID IN FULL. |
|
| October 22, 2020 | hearing | Plaintiff First Paper Fee Previously Paid in Full Comment PLAINTIFF D.A.C FIRST PAPER FEE PREVIOUSLY PAID IN FULL. | |
| October 22, 2020 | hearing | Filing Fee Paid by Comment FILING FEE PAID BY D.A.C FOR FIRST APPEARANCE FEE 201027-0485-CK CVH/ 435.00 PAYMT 201027-0485-CK REFERENCE NUMBER 157957 | |
| October 22, 2020 | hearing | Certificate of Assignment Received View Document CERTIFICATE OF ASSIGNMENT RECEIVED. Comment CERTIFICATE OF ASSIGNMENT RECEIVED. | |
| October 22, 2020 | hearing | Notice Imaged View Document NOTICE IMAGED Comment NOTICE IMAGED | |
| October 22, 2020 | hearing | Case Assigned for All Purposes Comment CASE ASSIGNED FOR ALL PURPOSES TO DEPARTMENT S30 | |
| October 22, 2020 | hearing | Civil Case Cover Sheet Filed View Document CIVIL CASE COVER SHEET FILED. Comment CIVIL CASE COVER SHEET FILED. | |
| October 22, 2020 | hearing | Complaint and Party Information Entered View Document COMPLAINT AND PARTY INFORMATION ENTERED Comment COMPLAINT AND PARTY INFORMATION ENTERED |
