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Martha Mireya Galicia Michel vs. 24 Hour Fitness USA, Inc., et al
A (23) Unlimited Other Pi/Pd/Wd 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 Mateo County. Judge Fineman, Nancy L. presiding.
Case Details
Case Number
Filing Date
November 25, 2019
Last Refreshed
December 15, 2023
Filing Location
San Mateo County, CA
OTHER JUDGES ON THIS CASE
Grandsaert, John;Category
(23) Unlimited Other PI/PD/WD
Practice Area
Torts
Matter Type
General Torts
Status
Bankruptcy
OTHER JUDGES ON THIS CASE
Overview
Causes of Action
7 FIRST CAUSE OF ACTION 8 (NEGLIGENCE BY PLAINTIFF AGAINST ALL DEFENDANTS)
14 SECOND CAUSE OF ACTION 15 (PREMISES LIABILITY BY PLAINTIFF AGAINST ALL DEFENDANTS)
Case Complaint Summary
This complaint is filed by Martha Mireya Galicia Michel against 24 Hour Fitness USA, Inc. and other unnamed defendants. The complaint alleges negligence and premises liability. It states that on December 5, 2017, the plaintiff fell due to a poorl…...
Parties
Plaintiffs
Galicia Michel, Martha Mireya
Attorneys for Plaintiffs
Mitchell, Timothy P.
Defendants
24 Hour Fitness Usa, Inc.
Does 1 Through 50, Inclusive
Attorneys for Defendants
Nick, Jack C.
Case Documents
Order
Date: Jun 20, 2022
MJOPNOR
Date: Jun 15, 2022
MJOPPO
Date: Jun 15, 2022
Notice of Ruling
Date: Jun 15, 2022
MJOPNOR
Date: May 19, 2022
Notice of Ruling
Date: May 19, 2022
Motion for Judgment
Date: May 10, 2022
MJOPPsAs02ChangeofHearingDate
Date: Mar 16, 2022
Notice
Date: Mar 16, 2022
MJOPRFJN02
Date: Feb 07, 2022
MJOPPO02
Date: Feb 07, 2022
MJOPPsAs02
Date: Feb 07, 2022
Request for Judicial Notice
Date: Feb 07, 2022
Proposed Order Received
Date: Feb 07, 2022
Motion for Judgment on the Pleadings
Date: Feb 07, 2022
Motion Re: For Judgment on Pleadings
Date: Jan 04, 2022
Proposed Order Received
Date: Sep 28, 2021
Request for Judicial Notice
Date: Sep 28, 2021
Motion for Judgment on the Pleadings
Date: Sep 28, 2021
Declaration
Date: May 18, 2021
Notice
Date: Mar 01, 2021
Motion to be Relieved as Counsel
Date: Feb 09, 2021
Order
Date: Feb 09, 2021
Notice of Assignment for All Purposes
Date: Dec 24, 2020
Proof of Service - ELECTRONIC of
Date: Dec 07, 2020
Notice of Motion and Motion to be Relieved as Counsel
Date: Dec 07, 2020
Proposed Order Received
Date: Dec 07, 2020
Declaration in Support
Date: Dec 07, 2020
Substitution of Attorney as to
Date: Oct 09, 2020
Notice of Stay of Proceedings
Date: Jun 17, 2020
Notice of Case Management Conference
Date: Mar 17, 2020
Case Management Statement
Date: Mar 12, 2020
Answer (Unlimited)
Date: Mar 09, 2020
Proof of Service by PERSONAL SERVICE of
Date: Feb 27, 2020
Complaint
Date: Nov 25, 2019
Summons Issued / Filed
Date: Nov 25, 2019
Notice of Case Management Conference
Date: Nov 25, 2019
Civil Case Cover Sheet
Date: Nov 25, 2019Case Events
| Date | Type | Description | |
|---|---|---|---|
| June 20, 2022 | Docket Event |
Order Type: RE DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGSSigned by: JUDGE FINEMANDate Signed Order Type: RE DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS Signed by: JUDGE FINEMAN Date Signed: 6/17/2022 |
|
| June 20, 2022 | Docket Event |
Affidavit of Mailing ORDER RE DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS |
|
| June 15, 2022 | Docket Event | MJOP_NOR | |
| June 15, 2022 | Docket Event | MJOP_PO | |
| June 15, 2022 | Docket Event |
Notice of Ruling RE DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS Notice of Ruling RE DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS |
|
| May 19, 2022 | Docket Event | MJOP_NOR | |
| May 19, 2022 | Docket Event |
Notice of Ruling RE DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS Notice of Ruling RE DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS |
|
| May 15, 2022 | Tentative Ruling | Judge: HONORABLE NANCY L. FINEMAN, Department 04 MARTHA MIREYA GALICIA MICHEL VS. 24 HOUR FITNESS USA, INC., ET AL. MARTHA MIREYA GALICIA MICHEL TIMOTHY P. MITCHELL 24 HOUR FITNESS USA, INC. JACK C. N...
Judge: HONORABLE NANCY L. FINEMAN |
|
| May 10, 2022 | Docket Event |
~CIV Minute Order - Motion for Judgment 05/10/2022 Motion for Judgment 
Judge: Fineman, Nancy L. |
|
| May 10, 2022 | Docket Event |
Tentative ruling adopted and becomes order: The unopposed Motion of Defendant 24 Hour Fitness Worldwide, Inc. ("Defendant") for Judgment on the Pleadings is GRANTED. A motion for judgment on the pleadings may be brought by a defendant on the ground that the defendant's bankruptcy discharge eliminated defendant's liability in a civil action, such that the plaintiff could not state a cause of action for relief. (See Saltarelli & Steponovich v. Douglas (1995) 40 Cal.App.4th 1, 3-5.) "Such a motion may be granted when the complaint fails to state facts sufficient to constitute a cause of action." (Id. at 5.) In ruling on the motion, the court may consider matters properly subject to judicial notice. (Ibid.) In support of this Motion, Defendant requests judicial notice of documents from this action as well as Defendant's bankruptcy action. (See Defendant's Request for Judicial Notice ("RJN"), Exhs. A-D.) The Court GRANTS the request pursuant to Evidence Code section 452(d). As such, the Confirmation Order appears to discharge Defendant from this debt that arose before the date of the confirmation. (See 11 U.S.C. 1141(d); see also Defendant's RJN, Exh. A; see also Defendant's RJN, Exh. C, Confirmation Order, Exh. A, Plan, Article, VIII.B.) The Plan also includes a permanent injunction enjoining any party from continuing any action or other proceeding in connection with Claims or Interests upon entry of the Confirmation Order. (Id., Plan, Article, VIII.F.) The Effective Date of the Plan occurred on December 30, 2020. (See Defendant's RJN, Exh. D.) Accordingly, this action filed in 2019 may now be dismissed because Plaintiff can no longer state a cause of action for relief. Plaintiff has not opposed the motion. The Complaint is dismissed with prejudice, and judgment is to be entered in favor of Defendant. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Defendant shall prepare a written order and proposed judgment consistent with the Court's ruling for the Court's signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court. |
|
| May 10, 2022 | Docket Event | No appearance by any parties or their counsel of record. | |
| March 16, 2022 | Docket Event | MJOP_PsAs_02_Change_of_Hearing_Date | |
| March 16, 2022 | Docket Event |
Notice OF CHANGE OF HEARING DATE RE MOTION FOR JUDGEMENT ON THE PLEADINGS Notice OF CHANGE OF HEARING DATE RE MOTION FOR JUDGEMENT ON THE PLEADINGS |
|
| February 07, 2022 | Docket Event | MJOP_RFJN_02 | |
| February 07, 2022 | Docket Event | MJOP_PO_02 | |
| February 07, 2022 | Docket Event | MJOP_PsAs_02 | |
| February 07, 2022 | Docket Event |
Request for Judicial Notice IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS Request for Judicial Notice IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS |
|
| February 07, 2022 | Docket Event |
Proposed Order Received RE DEFENDANT, 24 HOUR FITNESS USA, INC.'S MOTION FOR JUDGMENT ON THE PLEADIN Proposed Order Received RE DEFENDANT, 24 HOUR FITNESS USA, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS |
|
| February 07, 2022 | Docket Event | Motion for Judgment on the Pleadings | |
| January 09, 2022 | Tentative Ruling | Judge: HONORABLE NANCY L. FINEMAN, Department 04 Case Title / Nature of Case MARTHA MIREYA GALICIA MICHEL VS. 24 HOUR FITNESS USA, INC., ET AL MARTHA MIREYA GALICIA MICHEL TIMOTHY P. MITCHELL 24 HOUR ...
Judge: HONORABLE NANCY L. FINEMAN |
|
| January 04, 2022 | Docket Event |
~CIV Minute Order - Motion Re: For Judgment on Pleadings 01/04/2022 Motion Re: For Judgment on Pleadings NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JACK C. NICK; [PROPOSED] ORDER
Judge: Fineman, Nancy L. |
|
| January 04, 2022 | Docket Event | No appearance by any parties or their counsel of record. | |
| January 04, 2022 | Docket Event | Tentative ruling adopted and becomes order: | |
| September 28, 2021 | Docket Event |
Proposed Order Received [PROPOSED] ORDER RE DEFENDANT, 24 HOUR FITNESS USA, INC.'S MOTION FOR JUDGME Proposed Order Received [PROPOSED] ORDER RE DEFENDANT, 24 HOUR FITNESS USA, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS |
|
| September 28, 2021 | Docket Event |
Request for Judicial Notice DEFENDANT, 24 HOUR FITNESS USA, INC.'S REQUEST FOR JUDICIAL NOTICE IN SU Request for Judicial Notice DEFENDANT, 24 HOUR FITNESS USA, INC.'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS |
|
| September 28, 2021 | Docket Event |
Motion for Judgment on the Pleadings NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS MEMOR Motion for Judgment on the Pleadings NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JACK C. NICK; [PROPOSED] ORDER |
|
| May 18, 2021 | Docket Event |
Declaration OF TIMOTHY P. MITCHELL, ESQ. Declaration OF TIMOTHY P. MITCHELL, ESQ. |
|
| March 01, 2021 | Docket Event |
Notice OF BANKRUPTCY DISCHARGE Notice OF BANKRUPTCY DISCHARGE |
|
| March 01, 2021 | Docket Event |
Stay Lifted Due To: NOTICE OF BANKRUPTCY DISCHARGE FILED ON 3/1/21 |
|
| February 09, 2021 | Docket Event |
~CIV Minute Order - Motion to be Relieved as Counsel 02/09/2021 Motion to be Relieved as Counsel
Judge: Fineman, Nancy L. |
|
| February 09, 2021 | Docket Event |
Order Type: GRANTING ATTORNEY'S MOTION TO BE RELIEVED AS COUNSELSigned by: JUDGE FINEMANDate Signe Order Type: GRANTING ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL Signed by: JUDGE FINEMAN Date Signed: 02/09/21. |
|
| February 09, 2021 | Docket Event |
Tentative ruling adopted and becomes order: MOTION TO BE RELIEVED AS COUNSEL BY MARTHA GALICIA MICHEL Plaintiff's counsel's motion to be relieved as counsel is GRANTED. If the tentative ruling is uncontested, it shall become the order of the Court and the Court will sign the proposed order submitted December 7, 2020. |
|
| February 09, 2021 | Docket Event |
Party appeared by audio and/or video Added by automated script |
|
| December 24, 2020 | Docket Event | Notice of Assignment for All Purposes | |
| December 07, 2020 | Docket Event |
Proof of Service - ELECTRONIC of NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL; ETC... Proof of Service - ELECTRONIC of NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL; ETC... |
|
| December 07, 2020 | Docket Event | Notice of Motion and Motion to be Relieved as Counsel | |
| December 07, 2020 | Docket Event |
Proposed Order Received GRANTING ATTORNEY'S MOTION TO BE RELEIVED AS COUNSEL Proposed Order Received GRANTING ATTORNEY'S MOTION TO BE RELEIVED AS COUNSEL |
|
| December 07, 2020 | Docket Event |
Declaration in Support OF ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL Declaration in Support OF ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL |
|
| October 09, 2020 | Docket Event |
Substitution of Attorney as to Former Attorney: RAFII & NAZARIANNew Attorney: TIMOTHY MITCHELL Substitution of Attorney as to Former Attorney: RAFII & NAZARIAN New Attorney: TIMOTHY MITCHELL |
|
| July 08, 2020 | Docket Event |
Case Management Conference
Judge: Grandsaert, John L. |
|
| June 17, 2020 | Docket Event |
Notice of Stay of Proceedings As Follows: With regard to the following parties:Reason: Automatic st Notice of Stay of Proceedings As Follows: With regard to the following parties: Reason: Automatic stay caused by a filing in another court |
|
| March 17, 2020 | Docket Event |
Notice of Case Management Conference CMC 7/8/20 Notice of Case Management Conference CMC 7/8/20 |
|
| March 12, 2020 | Docket Event | Case Management Statement | |
| March 09, 2020 | Docket Event |
Answer (Unlimited) Answer TO PLAINTIFF'S COMPLAINT Answer (Unlimited) Answer TO PLAINTIFF'S COMPLAINT |
|
| February 27, 2020 | Docket Event |
Proof of Service by PERSONAL SERVICE of SUMMONS COMPLAINT, CIVIL CASE COVER SHEET, NOTICE OF CASE MA Proof of Service by PERSONAL SERVICE of SUMMONS COMPLAINT, CIVIL CASE COVER SHEET, NOTICE OF CASE MANAGEMENT, PLAINTIFF'S STATEMENT DAMAGES |
|
| November 25, 2019 | Docket Event | Complaint | |
| November 25, 2019 | Docket Event | Summons Issued / Filed | |
| November 25, 2019 | Docket Event | Notice of Case Management Conference | |
| November 25, 2019 | Docket Event | Civil Case Cover Sheet | |
| November 25, 2019 | Docket Event | Cause Of Action | |
| November 25, 2019 | Docket Event | New Filed Case |
