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FILED: QUEENS COUNTY CLERK 08/09/2019 12:49 PM INDEX NO. 709634/2018NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 08/09/2019 EXHIBIT “A”FILED:FILED: QUEENS QUEENS COUNTY COUNTY CLERK CLERK 08/09/2019 06/21/2018 12:49 03:51 PM PM| INDEX INDEX NO. NO. 709634/2018 709634/2018NYSCEFNYSCEF DOC. DOC. NO. NO. 28 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/09/2019 06/21/2018 DELIVER THESE PAPERS TO YOUR AUTOMOBILE LIABILITY INSURANCE CARRIER IMMEDIATELY. YOUR FAILURE TO DO SO MAY RESULT IN THE LOSS OF COVERAGE. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS *********************************************************************** SUMMONS CHRYSTYANA P. BURKE, Index No.: Plaintiff, -against- Date Filed: Plaintiff(s) designate(s) QUEENS COUNTY as the MV TRANSPORTATION INC, METROPOLITAN place of trial. TRANSPORTATION AUTHORITY, MTA BUS COMPANY, NEW YORK CITY TRANSIT AUTHORITY d/b/a MTA NEW The basis of venue is: YORK CITY TRANSIT, CORINNE C. HOCKER and Plaintiff(s) resiuence AQUlNO EUSEBIO 5707 Shorefront Pkwy Arverne, NY 11694 Defendants, *********************************************************************** TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff's attorneys an answer to the complaint in this action within twenty (20) days after the service of this summons, exclusive of the day of service, or within thirty (30) days after service is complete if this suminens is not personally delivered to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint. DATED: Queens, New York June 11, 2018 Yours, etc., CANTIN LAW G UP, P.C. By: Bru e S. Cantin, Esq. Attorneys for Plaintiff 165th 92-12 Street Jamaica, NY 11433 (888) 908-4658 TO: CORINNE C. HOCKER 339 GATES AVENUE BROOKLYN, NY 11216 AQUINO EUSEBIO 83 CEDAR TERRACEPARLIN, NJ 08859 MV TRANSPORTATION INC 1882 ATLANTIC AVENUE BROOKLYN, NY 11233 NEW YORK TRANSIT 130 LIVINGSTON STREET BROOKLYN, NY 11201 MTA / MTA BUS COMPANY 2 BROADWAY NEW YORK, NY 10004 1 of 16FILED:FILED: QUEENS QUEENS COUNTY COUNTY CLERK CLERK 08/09/2019 06/21/2018 12:49 03:51 PM INDEX INDEX NO. NO. 709634/2018 709634/2018 PM)NYSCEFNYSCEF DOC. DOC. NO. NO. 28 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/09/2019 06/21/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS *****************************i AAAAAaAAAiv******************************* CHRYSTYANA P. BURKE, Plaintiff, -against- VERIFIED COMPLAINT MV TRANSPORTATION METROPOLITAN INC, Index No.: TRANSPORTATION AUTHORITY, MTA BUS COMPANY, NEW YORK CITY TRANSIT AUTHORITY d/b/a MTA NEW YORK CITY TRANSIT, CORINNE C. HOCKER and AQUlNO EUSEBIO, Defendants, *********************************************************************** 1. At all times herein mentioned, plaintiff CHRYSTYANA P. BURKE, has been a resident of the County of Queens, City and State of New York. 2. Upon information and belief, that at all times hereinafter mentioned, the defendant, CORINNE C. HOCKER is a resident in the County of Kings, City and State of New York. 3. Upon information and belief, that at all times hereinafter mentioned, the defendant, AQUlNO EUSEBIO is a resident in the County of Middlesex and State of New Jersey. 4. Upon information and belief, that at all times hereinafter mentioned, the defendant, MV TRANSPORTATION INC, was a domestic corporation, duly organized and existing under and by virtue of the laws State of New York. 5. Upon information and belief, that at all times hereinafter mentioned, the defendant, MV TRANSPORTATION INC, was a foreign corporation, duly organized and existing under and by virtue of the laws State of New York. 2 2 of 16FILED: QUEENS[FILED:QUEENS COUNTY COUNTY CLERK CLERK 08/09/2019 06/21/2018 12:49 03:51 PM PM INDEX INDEX NO. NO. 709634/2018 709634/2018NYSCEFNYSCEF DOC. DOC. NO. NO. 28 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/09/2019 06/21/2018 6. Upon information and belief, that at all times hereinafter mentioned, the defendant MV TRANSPORTATION INC, was a company authorized to do business in the State of New York. 7. Upon information and belief, that at all times hereinafter mentioned, the defendant, MV TRANSPORTATION INC, was a company organized and existing under the laws of State of New York. 8. Upon information and belief and at all times hereinafter mentioñed, defendants METROPOLITAN TRANSPORTATION AUTHORITY, MTA BUS COMPANY, and NEW YORK CITY TRANSIT AUTHORITY d/b/a MTA NEW YORK CITY TRANSIT, has been a municipal entity duly organized and existing pursuant to the law of the State of New York. 9. On or about May 4, 2017, defendant METROPOLITAN TRANSPORTATION AUTHORITY, MTA BUS COMPANY, NEW YORK CITY TRANSIT AUTHORITY d/b/a MTA NEW YORK CITY TRANSIT, was served with a Notice of Claim detailing defendant METROPOLITAN TRANSPORTATION AUTHORITY, MTA BUS COMPANY, NEW YORK CITY TRANSIT AUTHORITY d/b/a MTA NEW YORK CITY plaintiffs' TRANSIT culpability and damages. Defendants METROPOLITAN TRANSPORTATION AUTHORITY, MTA BUS COMPANY, NEW YORK CITY TRANSIT AUTHORITY d/b/a MTA NEW YORK CITY TRANSIT, have failed and refused to make payment to plaintiff in accordance with said Notice of Claim. 10. A copy of the Notice of Claim served against defendant METROPOLITAN TRANSPORTATION AUTHORITY, MTA BUS COMPANY, NEW YORK CITY TRANSIT AUTHORITY d/b/a MTA NEW YORK CITY TRANSIT is attached as Exhibit A. 3 3 of 16FILED:FILED: QUEENS QUEENS COUNTY COUNTY CLERK CLERK 08/09/2019 06/21/2018 12:49 03:51 PM PM| INDEX INDEX NO. NO. 709634/2018 709634/2018NYSCEFNYSCEF DOC. DOC. NO. NO. 28 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/09/2019 06/21/2018 11. At least thirty (30) days have elapsed since the service of the Notice of Claim upon defendant METROPOLITAN TRANSPORTATION AUTHORITY, MTA BUS COMPANY, NEW YORK CITY TRANSIT AUTHORITY d/b/a MTA NEW YORK CITY TRANSIT and adjustment or payment thereof has been neglected or refused by defendant METROPOLITAN TRANSPORTATION AUTHORITY, MTA BUS COMPANY, NEW YORK CITY TRANSIT AUTHORITY d/b/a MTA NEW YORK CITY TRANSIT. 12. Upon information and belief, that at all times hereinafter mentioned, the defendant, METROPOLITAN TRANSPORTATION AUTHORITY, MTA BUS COMPANY, NEW YORK CITY TRANSIT AUTHORITY d/b/a MTA NEW YORK CITY TRANSIT was the owner of a 1998 Nova Bus bearing New York State plate no. AT7964 for the year 2017. 13. That on or about March 22, 2017, the plaintiff, CHRYSTYANA P. BURKE, was the passenger of a 1998 Nova Bus bearing New York State Plate No. AT7964 for the year 2017. 14. Upon inforrñation and belief, that at all times hereinafter mentioned, the defendant, AQ UINO EUSEBIO, was the operator of the aforesaid 1998 Nova Bus bearing New York State Plate No. AT7964 for the year 2017. 15. Upon information and belief, that at all time hereinafter mentioned, the defendant, AQ UINO EUSEBIO, was the operator of the aforesaid 1998 Nova Bus bearing New York State Plate No. AT7964 for the year 2017, with knowledge, permission and consent of the defendants, METROPOLITAN TRANSPORTATION AUTHORITY, MTA BUS COMPANY, and NEW YORK CITY TRANSIT AUTHORITY d/b/a MTA NEW YORK CITY TRANSIT. 4 4 of 16FILED:FILED: QUEENS QUEENS COUNTY COUNTY CLERK CLERK 08/09/2019 06/21/2018 12:49 03:51 PM PM1 INDEX INDEX NO. NO. 709634/2018 709634/2018NYSCEFNYSCEF DOC. DOC. NO. NO. 28 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/09/2019 06/21/2018 16. That on the aforesaid date and at the aforesaid location, the motor vehicle owned by defendants METROPOLITAN TRANSPORTATION AUTHORITY, MTA BUS COMPANY, and NEW YORK CITY TRANSIT AUTHORITY d/b/a MTA NEW YORK CITY TRANSIT and operated by the defendant AQUlNO EUSEBIO, was involved in a collision with the plaintiff, CHRYSTYANA P. BURKE. 17. Upon information and belief, that at all times hereinafter mentioned, the defendant, CORINNE C. HOCKER, was the operator of a 2008 Ford motor vehicle bearing New York State plate No. 68193LA for the year 2017. 18. Upon information and belief, that at all times hereinafter mentioned, the defendant, MV TRANSPORTATION INC, was the owner of a 2008 Ford motor vehicle bearing New York State plate No. 68193LA for the year 2017. 19. Upon information and belief, that at all times and places hereinafter mentioned, the defendant, CORINNE C. HOCKER, was the operator of the aforesaid 2008 Ford motor vehicle bearing New York State plate No. 68193LA for the year 2017, with the knowledge, perraission and consent of the defendant MV TRANSPORTATION INC. 88TH 20. That at all times hereinafter mentioned, East Street and Flatlands Avenue in the County of Kings, City and State of New York, were and still public highways. 21. Upon information and belief, that at all times and places hereinafter mentioned, the defendants were fully responsible for the proper and prudent operation, management, maintenance and control of their aforesaid motor vehicles. 22. That on the aforesaid date and at the aforesaid location, the motor vehicle owned and operated by the defendants CORINNE C. HOCKER and MV 5 5 of 16FILED:FILED: QUEENS QUEENS COUNTY COUNTY CLERK CLERK 08/09/2019 06/21/2018 12:49 03:51 PM PM1 INDEX INDEX NO. NO. 709634/2018 709634/2018NYSCEFNYSCEF DOC. DOC. NO. NO. 28 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/09/2019 06/21/2018 TRANSPORTATION INC, was involved in a collision with the plaintiff, CHRYSTYANA P. BURKE. 23. That the said accident occurred solely and wholly by reason of the carelessness, recklessness and negligence of the defendants, in the ownership, operation, maintenance, management and control of their aforesaid motor vehicles and without any negligence on the part of the plaintiff in any manner contributing hereto. 24. That the neg!igence of the defendant AQUlNO EUSEBIO, consisted of his negligent ownership, operation, maintenance and control of his motor vehicle; in operating his motor vehicle at an excessive rate of speed under the circ*mstances then and there prevailing; in failing to stop; in failing to slow down; in operating his motor vehicle in a state of disrepair; in failing to keep his motor vehicle under proper control; in operating his motor vehicle in a dangerous and reck!ess inanner; in failing to keep a proper lookout; in failing to warning to approach; in failing to observe the traffic; in failing to observe the traffic controls and rules of the road; in failing to make proper, timely and adequate use of the signal devices, brakes and other safety equipment; in disregarding and disobeying the applicable laws, statutes, ordinances, rules and regulations governing the movement of motor vehicle trraffic at the time and place of the occurrence; and in being in all ways generally careless, reckless and negligent. 25. That the negligence of the defendant CORINNE C. HOCKER, consisted of his negligent ownership, operation, maintenance and control of his motor vehicle; in operating his motor vehicle at an excessive rate of speed under the circ*mstances then and there prevailing; in failing to stop; in failing to slow down; in operating his motor vehicle in a state of disrepair; in failing to keep his motor vehicle under proper control; in operating his motor vehicle in a dangerous and reckless manner; in 6 6 of 16FILED:FILED: QUEENS QUEENS COUNTY COUNTY CLERK CLERK 08/09/2019 06/21/2018 12:49 03:51 PM PM| INDEX INDEX NO. NO. 709634/2018 709634/2018NYSCEFNYSCEF DOC. DOC. NO. NO. 28 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/09/2019 06/21/2018 failing to keep a proper lookout; in failing to warning to approach; in failing to observe the traffic; in failing to observe the traffic controls and rules of the road; in failing to make proper, timely and adequate use of the signal devices, brakes and other safety equipment; in disregarding and disobeying the applicable laws, statutes, ordinances, rules and regulations governing the movement of motor vehicle traffic at the time and place of the occurrence; and in being in all ways generally careless, reckless and negligent. 26. That the negligence of the defendants METROPOLITAN TRANSPORTATION AUTHORITY, MTA BUS COMPANY, NEW YORK CITY TRANSIT AUTHORITY d/b/a MTA NEW YORK CITY TRANSIT, consisted of their negligent ownership, operation, maintenance and control of his motor vehicle; in operating their motor vehicle at an excessive rate of speed under the circ*mstances then and there prevailing; in failing to stop; in failing to slow down; in operating his motor vehicle in a state of disrepair; in failing to keep his motor vehicle under proper control; in operating the motor vehicle in a dangerous and reckless manner; in failing to keep a proper lookout; in failing to give warning of his approach; in failing to observe the traffic controls and rules of the road; in failing to make proper, timely and adequate use of the signal devices, brakes and other safety equipment; in disregarding and disobeying the applicable laws, statutes, ordinances, rules and regulations governing the movement of motor vehicle traffic at the time and place of the occurrence; and in being in all ways generally careless, reckless and negligent. 27. That the negligence of the defendant MV TRANSPORTATION INC, consisted of negligent ownership, operation, maintenance and control of aforesaid motor vehicle; in operating motor vehicle at an excessive rate of speed under the cir
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The Court orders Exhibits H, I, J, K, L, and M to the Declaration of Michael Killingsworth submitted in support of Plaintiffs motion for summary judgment or summary adjudication sealed. Discussion Pursuant to California Rules of Court Rule 2.550 the court may seal a record only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. (Cal. Rules of Court, rule 2.550(d).) In Hinshaw v. Superior Court (1996) 51 Cal.App.4th 233, 242, the court stated that private, non-governmental parties have a privacy interest in maintaining confidentiality of settlement agreements that contain personal financial information. The sealing of court documents is not permitted solely based on the agreement of the parties "without a specific showing of serious injury." (Huffy Corp. v. Superior Court (2003) 112 Cal.App.4th 97, 106.) Regarding the serious injury, "[b]road allegations of harm, bereft of specific examples or articulated reasoning, are insufficient." (Huffy, supra, 112 Cal.App.4th at p. 106) (quoting In re Cendant Corp. (3d Cir. 2001) 260 F.3d 183, 194.) Here, Plaintiff moves to seal exhibits H, I, J, K, L, and M to the Declaration of Michael Killingsworth which he submitted in support of his motion for summary judgment or summary adjudication. These documents include: Exhibit 1: Copies of the subpoenas at issue. Exhibit H: Defendants testing results from May 13, 2022. Exhibit I: Defendants Communications to Plaintiff threatening to contact Plaintiffs workplace. Exhibit J: Medical testing results of one of Defendants other sexual partners. Exhibit K: Communications between Defendant and her doctor. Exhibit L: Communications between Defendant and Plaintiff. Exhibit M: Defendants medical records from May 25, 2022. Plaintiff argues that the documents include information marked for protection under the protective order in this action. Plaintiff seeks to seal these documents to protect Defendants rights under the protective order and to protect Plaintiffs true name and identifying characteristics. The records include medical records, sensitive communications and images, and Plaintiffs true name. It is reasonable to infer that these documents are confidential or highly confidential as defined in the protective order because the content of the documents could harm the parties reputations if they are made public. The Court finds that an overriding interest exists which overcomes the publics right to access these materials and supports sealing the records. Both parties in this action will be prejudiced if the records are not sealed. Finally, the sealing is narrowly tailored and there are no less restrictive means of achieving the overriding interest. Therefore, the motions to seal are granted. Conclusion Plaintiffs motion to seal the documents submitted in support of his motion for summary judgment or summary adjudication is GRANTED. The Court orders Exhibits H, I, J, K, L, and M to the Declaration of Michael Killingsworth submitted in support of Plaintiffs motion for summary judgment or summary adjudication sealed.
Ruling
KRYSTAL RENEE CASTRO, ET AL. VS THOMAZ PHILLIP COUSSEAU, ET AL.
Aug 27, 2024 |Renee C. Reyna |21STCV31342
Case Number: 21STCV31342 Hearing Date: August 27, 2024 Dept: 29 Castro v. Cousseau 21STCV31342 Motion to be Relieved as Counsel, filed by Plaintiffs Counsel Albert Abkarian & Associates. Background On August 24, 2021, Krystal Renee Castro, Victor Andres Avila, Brisstelle Avila, and Viktor Amias Avila filed a complaint against Thomaz Phillip Cousseau, Nissan North America Inc., and Rebecca Diane Mullin (collectively Defendants) for negligence cause of action arising out of an automobile collision on July 18, 2020. On October 26, 2021, Defendants filed an answer. In June 2023, the Court granted the petition for approval of minors compromises in this case. An OSC re proof of deposit was set and continued several times; in the interim, it appears that counsel has been unable to communicate with the client (guardian ad litem). On June 20, 2024, Albert Abkarian & Associates (Counsel) filed a motion to be relieved as counsel for Plaintiff Krystal Renee Castro (Plaintiff). No opposition has been filed. Legal Standard The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (Code of Civ. Proc., § 284(b).) An attorney is permitted to withdraw where conflicts between the attorney and client make it unreasonable to continue the representation. (See Cal. Rules of Prof. Conduct 3-700(C)(1).) The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court. (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) An application to be relieved as counsel must be made on Judicial Counsel Form MC-051 (Notice of Motion and Motion) (Cal. Rules of Court, rule 3.1362(a)), MC-052 (Declaration) (Cal. Rules of Court, rule 3.136(c)), and MC-053 (Proposed Order) (Cal. Rules of Court, rule 3.1362(e)). Further, the requisite forms must be served on the client and all other parties who have appeared in the case. (Cal. Rules of Court, rule 3.1362(d).) The court may delay effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court. (Cal. Rules of Court, rule 3.1362(e).) Discussion Counsel has filed the Notice, Declaration, and Order to be Relieved as Counsel. However, Counsel fails to include all future hearings, including the OSC re Proof of Deposit set for September 25, 2024, on both the Declaration and Order. Moreover, the Court has the following additional concerns: (1) a guardian ad litem cannot represent a minor without counsel, and granting the motion could leave the case in an uncertain state; and (2) it is unclear to the Court whether the settlement funds have been paid and, if so, whether they have been deposited into a blocked account as ordered. Accordingly, the motion is DENIED without prejudice. Conclusion The motion to be relieved as counsel is DENIED without prejudice. Moving counsel to give notice.
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