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2019.10.29 Motion for Judgment on the Pleadings 275
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2019.10.29
Excerpt: ...-Lili's (collectively “Plaintiffs”) purchase of a new 2017 Nissan Sentra (“Subject Vehicle”) that was backed by Defendant Nissan North America, Inc.'s (“Defendant”) warranty. Essentially, Plaintiffs allege that defective continuously variable transmissions (“CVT”) in the Subject Vehicle means that it suffers from the following symptoms: “hesitation from a stop before acceleration; hard shaking during deceleration; sudden, hard s...
2019.10.28 Motion to File Amended Answer 386
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2019.10.28
Excerpt: ... (“Plaintiff') filed a complaint against Defendants Zev Technologies, Inc. and RPT Consulting, LLC, and DOES 1-30, alleging causes of action for (1) strict products liability, and (2) negligence. On November 14, 2016, Plaintiff amended the complaint for a fictitious name and named Safariland, LLC (“Safariland”), in the place of DOE 1, as a Defendant. On June 2, 2017, Safariland filed its answer to the complaint. On June 6, 2019, Safariland ...
2019.10.16 Motion to Lift Stay and File Amended Complaint 500
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2019.10.16
Excerpt: ...) and California Labor Code §§ 2698, et seq. On March 16, 2018, Plaintiff Marcus Marquez, on behalf of all other similarly situated aggrieved employees, (“Plaintiff”) filed this action against Defendant Shammas Investment, LLC (“Defendant”) alleging causes of action for (1) failure to pay overtime wages, (2) failure to pay all wages, (3) failure to authorize and permit all paid rest periods, (4) failure to timely furnish accurate itemiz...
2019.10.1 Motion to Compel Further Responses 491
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2019.10.1
Excerpt: ...Court has considered the moving and opposition papers. Background On February 15, 2018, Plaintiff Imagecraft Productions, Inc. (“Plaintiff”) filed a second amended complaint against Defendants Hollywood Center Stages, Inc. (“Hollywood”), Ridge Conlan (“Conlan”), and Studio Production Center, Inc. (“SPC”) (collectively “Defendants”), asserting causes of action for breach of contract (1 st), common count – account stated (2 nd...
2019.10.1 Demurrer 890
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2019.10.1
Excerpt: ...any Ramos The Court has considered the moving, opposing, and reply papers. BACKGROUND This action involves an employment dispute between Plaintiff Brittany Ramos (“Plaintiff”) and her former employer, defendants Derek Smith (“Smith”) and Dedicated Building Services, LLC (“Defendant”). Plaintiff's essential allegations are as follows. Plaintiff was employed as an account executive. (First Amended Complaint (“FAC”) ¶ 15.) Defendant...
2019.06.18 Motion to Compel Further Responses, Request for Admissions, for Sanctions 506
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2019.06.18
Excerpt: ...) is the nephew of defendant David Payer (“Defendant”). This action arises out of a dispute concerning ownership of real property located at 905 Dickson St., Marina Del Rey, CA. The property was owned by the Payer Family LLC. Plaintiff alleges that upon the death of Robin Payer (Plaintiff's father), Plaintiff obtained a 50% ownership interest in the LLC. Plaintiff engaged in discussions with Defendant to either sell his interest to Defendant,...
2019.1.31 Motion for Leave to Intervene 536
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2019.1.31
Excerpt: ...any legal or equitable right, title, estate, lien or interest in the property described in the complaint adverse to Plaintiff's title or any cloud on Plaintiff's title thereto. Maalouf alleged causes of action for cancellation of deed trust and quiet title. Maalouf alleges that he owns in fee simple and possesses the real property located at 8065 Kentwood Ave, Los Angeles. CA 90045. (Maalouf Complaint ¶ 11.) On June 6, 2007, Plaintiff obtained a...
2019.1.31 Motion for Judgment on the Pleadings 717
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2019.1.31
Excerpt: ...eng and Teresa Fang Chen Joint revocable trust dated June 4, 2015, commenced this action against defendants Jien‐Wei Yeh (“Yeh”), Jen Fang, Yu Hua Sher Fang and Does 1 to 50 alleging causes of action for (1) partition, (2) contribution and (3) accounting.[1] This case was given the case number BC700717. On the same date, Plaintiffs filed an unlawful detainer action against Jen Fang and Yu Hua Sher Fang (collectively, “the Fang Defendants�...
2019.1.31 Application for Separate Judgment 910
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2019.1.31
Excerpt: ...t Global Sourcing LLC (“RGS”) and Richard Laurence Ashbee (“Ashbee”) alleging causes of action based on breach of contract, goods sold and delivered, open book account and promissory fraud. Currently on its second amended complaint (“SAC”), Plaintiff alleges that RGS and Plaintiff entered into a purchase agreement for garments. However, RGS has failed to pay Plaintiff pursuant to the terms of the agreement. (SAC ¶¶ 21‐27.) Plainti...
2019.1.30 Motion for Attorney's Fees 088
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2019.1.30
Excerpt: ...hsan and Mohsin Mohammed (jointly “Defendants”). The case proceeded to trial, and on August 2, 2018, the Court found in favor of Plaintiffs and against Defendants on all issues. (8/2/18, Statement of Decision on Court Trial p. 18.) Judgment was granted for plaintiff Kymm McCarter in the total amount of $82,215 for which defendant Mohammed Ahsan is 100% liable under the theory of joint and several liability, and defendant Mohsin Mohammed is jo...
2019.1.29 Motion to Compel Deposition Answers 651
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2019.1.29
Excerpt: ...efendant”) filed the instant motion to compel plaintiff Luis Pineda (“Plaintiff”) to answer questions in deposition. On January 15, 2019, Plaintiff filed an opposition. On January 22, 2019, Defendant filed a reply. Defendant contends that during Plaintiff's deposition, Plaintiff was instructed not to answer questions 21 times. Defendant seeks to compel Plaintiff to appear at a deposition and answer 13 of the 21 questions that were not answe...
2019.1.29 Motion to Dismiss 597
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2019.1.29
Excerpt: ...��Defendant”) and Does 1 to 10 alleging a single cause of action for breach of contract. On May 16, 2018, Defendant filed a motion to dismiss on the ground of inconvenient forum. On June 29, 2018, Plaintiff filed a first amended complaint (“FAC”) alleging causes of action for (1) breach of written contract, (2) breach of implied covenant of good faith and fair dealing, (3) trade libel, (4) intentional interference with prospective economic ...
2019.1.25 Demurrer, Motion to Strike 885
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2019.1.25
Excerpt: ...ING PARTY: Defendant/Cross‐Complainants Peter John Simrose and Banu Aslan Simrose (jointly “Cross‐Complainants”) The Court considered the moving, opposing and reply papers. BACKGROUND On June 6, 2016, Cross‐Defendant commenced this action against Cross‐Complainants for breach of contract claims arising out of an agreement between the parties whereby Cross‐Defendant constructed a single‐family residence for Cross‐Complainants. On...
2019.1.23 Motion to Amend Answer 998
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2019.1.23
Excerpt: ...iary duty, constructive fraud and negligent infliction of emotional distress against defendants Teles Properties Inc (“Teles”) and Adam Jaret (“Jaret”) (jointly “Defendants”) essentially alleging that Defendants improperly recommended that Plaintiff purchase real property and negligently referred Plaintiff to contractors who were unfit to perform their duties. Plaintiff filed the complaint on October 3, 2016. Teles and Jaret filed the...
2018.8.14 Motion for Further Monetary, Issue, Evidence or Terminating Sanctions 049
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.8.14
Excerpt: ...r “moving party”) filed four motions to compel further responses from plaintiffs Angeline Fontes, Sergio Fontes, Diego Fontes,[1] and Jesus Zamora (collectively, “Plaintiffs”) to Defendant's written discovery. On May 14, 15, and 16, 2018, the Court entered orders (the “May Orders”) ruling on Defendant's motions to compel further. On July 23, 2018, Defendant filed the instant motion for further sanctions for Plaintiffs' failure to comp...
2018.8.14 Motion to Deem Admitted 395
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.8.14
Excerpt: ...�RFA”), set one. Plaintiff moves under CCP §2033.280 to deem the RFA served on both Defendants admitted. Where there has been no timely response to a request for admission under CCP § 2033.010, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a <0016001600110015001b00 0003000b0045000c0011>) The party who failed to respond...
2018.8.14 Motion to Compel Responses to Discovery 343
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.8.14
Excerpt: ...D”), set one; (2) Form Interrogatories (“FROG”), set one; and (3) Special Interrogatories (“SROG”), set one. Plaintiff opposes the motion, and Defendant replies. On April 27, 2018, Defendant served the discovery on Plaintiff. Plaintiff's responses <0048004900480051005600 004f0003004600520051[tacted Plaintiff's counsel to inquire as to the lack of responses, and Defense Counsel demanded receipt of the responses no later than June 18, 201...
2018.8.13 Motion for Leave to File Complaint 805
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.8.13
Excerpt: ...ence per se. Plaintiff initially filed suit against defendant Arturo Aguirre (“Aguirre”). Aguirre now moves to file a proposed cross‐complaint against a party new to the action named Desiree Vega. DISCUSSION CCP §428.10 provides that a party against whom a cause of action has been asserted may file a cross‐complaint setting forth: “(b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person ...
2018.8.13 Motion for Summary Judgment 739
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.8.13
Excerpt: ...ed bump in the parking lot of property owned or maintained by defendant Walgreen Co. (“Walgreen”). Plaintiff filed this action against Lassen Natural Foods & Vitamins, LLC and Walgreen on May 10, 2017 alleging a cause of action for Premises Liability. Walgreen moves for summary judgment. Plaintiff filed an opposition on July 26, 2018, and Walgreen replied on August 8, 2018. EVIDENCE Walgreen's Objections to Plaintiff's Evidence:  Objection...
2018.8.13 Motion to Compel Production of Docs 557
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.8.13
Excerpt: ...ndant Cobleigh Family Corp. (“Defendant”) seeks to compel the compliance of non‐parties Dr. Michael Price (“Dr. Price”) and Blue Oak Medical Group (“Blue Oak”) with deposition subpoenas for production of documents. Plaintiff has not filed any opposition to this motion. DISCUSSION Code of Civil Procedure § 1987.1 provides that “[i]f a subpoena requires the attendance of a witness or the production of books, documents, electronical...
2018.8.13 Demurrer 604
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.8.13
Excerpt: ...D Plaintiff Doris Tse (“Plaintiff”) filed the instant complaint on April 24, 2018, alleging a cause of action for medical negligence regarding Defendants Heather Macdonald M.D. and USC's (“Defendants”) failure to diagnose Plaintiff with breast cancer during a screening in 2014. On July 16, 2018, Defendants filed a demurrer to the complaint. On August 3, 2018, Defendants filed a notice of non‐ opposition. Defendants' Plea in Abatement De...
2018.8.13 Motion to Strike Complaint 296
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.8.13
Excerpt: ... seeks an order striking Plaintiff Youlla Ghanem's (“Plaintiff”) allegations of and prayer for punitive/exemplary damages. Plaintiff opposes the motion, and Defendant replies. LEGAL STANDARD The Court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (CCP §436, subd. (a).) The Court may also strike all or any part of any pleading no...
2018.8.10 Motion to Compel Deposition 151
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.8.10
Excerpt: ...aintiff's guardian ad litem Maria Cota (“Cota”) to submit to deposition. LEGAL STANDARD Pursuant to CCP §2025.450, if after service of a deposition notice, a party to the action, without having served a valid objection, fails to appear for examination, or proceed with it, or to produce for inspection any document, the party giving notice may move for an order compelling the deponent's attendance and testimony, and the production for inspecti...
2018.8.10 Motion for Summary Judgment 106
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.8.10
Excerpt: ...ore D.D.S., James Chou D.D.S., and Smile With Us Dental Group (collectively, “Defendants”), related to dental procedures performed by Defendants. Plaintiff alleges that Defendants negligently performed dental treatment, which resulted in injuries to Plaintiff. The Complaint, filed March 9, 2017, alleges a single cause of action for dental malpractice. Defendant Loretta Gilmore D.D.S. (“Dr. Gilmore”) moves for summary judgment. The Court i...
2018.8.2 Application to Appear Pro Hac Vice 635
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.8.2
Excerpt: ...tnership and Sako Topalian. The motion is unopposed. Under CRC Rule 9.40, attorneys licensed and in good standing in other states may, upon the California court's approval, appear as counsel pro hac vice in a pending case if an active member of the state bar is associated as attorney of record. (CRC 9.40(a).) Santos is a member, in good standing, of the State Bar of Illinois since 2012. (Santos Decl., '1 5.) In addition, Santos states that he is ...
2018.8.2 Motion for Summary Judgment 009
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.8.2
Excerpt: ...Plaintiff alleges that Defendants negligently provided care and treatment to Plaintiff, causing injury. Plaintiff is pursuing claims of professional negligence. Defendant moves for summary judgment against the complaint. The Court is not in receipt of any opposition papers filed by Plaintiff. On July 18, 2018, Defendant filed a notice stating that it had not received any opposition from Plaintiff either. This motion was first heard on July 23, 20...
2018.8.2 Motion for Summary Judgment 050
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.8.2
Excerpt: ...amvel Vagarshakian (collectively “Plaintiffs”) filed a complaint on July 27, 2016 against defendants PepsiCo Inc., Raymond Harry Humecky (“Humecky”), and New Bern Transportation Corporation (“New Bern”). The complaint alleges causes of action for: (1) general negligence; and (2) motor vehicle negligence. PepsiCo Inc., (“PepsiCo”) moves for summary judgment against Plaintiff's complaint. No opposition has been filed by any party in...
2018.8.2 Motion to Compel Deposition 617
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.8.2
Excerpt: ... filed. LEGAL STANDARD Pursuant to CCP §2025.450, if after service of a deposition notice, a party to the action, without having served a valid objection, fails to appear for examination, or proceed with it, or to produce for inspection any document, the party giving notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document. (CCP §2025.450(a).) A motion to compel the depos...
2018.8.1 Motion to Dismiss Action 184
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.8.1
Excerpt: ...on the property owned or controlled by defendants Rookies Sports Bar, Valarina Pedicini, and Whankuk Je. On October 5, 2015, Defendant and Cross‐Complainants Rookies Sports Bar, Valarina Pedicini, and Whankuk Je (“Cross‐Complainants”) filed a cross‐complaint against Antonio Rodriguez and Roes 1 through 50. On April 6, 2018, Cross‐Defendant Howe Investment Partnership (“HIP”) was substituted for Roe 1. On May 8, 2018, HIP was serve...
2018.8.1 Motion to Compel Med Exam, for Monetary Sanctions 019
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.8.1
Excerpt: ...fendants”) move to compel Plaintiff Tina Votaw (“Plaintiff”) to submit to a physical examination and for an order imposing sanctions. Plaintiff has not filed any opposition to this motion. LEGAL STANDARD CCP §2032.020 provides that a party may obtain discovery by means of a physical or mental examination of a party to the action in any action in which the mental or physical condition of that party is in controversy in the action. (CCP §20...
2018.8.1 Demurrer, Motion to Strike 369
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.8.1
Excerpt: ...dered the moving, opposition, and reply papers. BACKGROUND Plaintiff Brenda Cox (“Plaintiff”) filed a complaint on May 16, 2018, alleging four causes of action for general negligence, res ipsa loquitur, premises liability, and products liability. On July 3, 2018, Defendant Edgewater Towers Condominiums Homeowners' Association (“Defendant”) filed a demurrer to the res ipsa loquitur cause of action and a motion to strike that cause of actio...
2018.8.1 Demurrer 904
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.8.1
Excerpt: ...llgeier (“Plaintiff”) filed a complaint on April 4, 2018, alleging five causes of action for 1) general negligence, 2) premises liability; 3) products liability – strict liability; 4) products liability – negligence; and 5) products liability – breach of warranty. On June 28, 2018, Defendant Starbucks Corporation (“Defendant”) filed a demurrer to the products liability causes of action. Plaintiff filed an opposition on July 19, 2018...
2018.7.31 Demurrer, Motion to Strike 242
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.7.31
Excerpt: ...oving papers. BACKGROUND Plaintiff Noemi Linares (“Plaintiff”) filed a complaint on September 18, 2017, alleging two causes of action for motor vehicle and general negligence. On June 18, 2018, Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant” or “Metro”) filed a demurrer to each cause of action and a motion to strike punitive damages. No opposition or reply has been filed. Plaintiff's complaint arises fr...
2018.7.31 Motion for Leave to File Complaint 602
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.7.31
Excerpt: ...fendant City of Los Angeles (“City” of “Defendant”). The complaint, filed January 9, 2018, alleges causes of action for negligence and negligence per se. The City filed its answer to the complaint on March 19, 2018. On June 20, 2018, Plaintiff filed the instant motion for leave to amend the complaint to include a claim of vicarious liability, a second claim of negligence and negligence per se, and allege a new defendant. The City opposes ...
2018.7.31 Motion to Compel Deposition 091
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.7.31
Excerpt: ...lth dba California Hospital Medical Center (“Defendant”) seeks to compel the compliance of non‐party Demonte McClure with a deposition subpoena for testimony at deposition. Plaintiff has not filed any opposition to this motion. DISCUSSION Code of Civil Procedure § 1987.1 provides that “[i]f a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a co...
2018.7.30 Motion to Enforce Settlement 088
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.7.30
Excerpt: ...s motion, Defendant submits the declaration of Sean T. Cahill (“Cahill”) and correspondence that purportedly shows an agreement to settle between the parties. Plaintiff Freeric Prinz Von Anhalta (“Plaintiff”) opposes the motion, and Defendant has replied. LEGAL STANDARD CCP § 664.6 provides that “[i]f parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court...
2018.7.9 Motion to Compel Deposition 478
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.7.9
Excerpt: ... Laniado (“Plaintiff”) to submit to deposition. Plaintiff is currently acting in pro per. Plaintiff's counsel was relieved as of March 27, 2018, when Plaintiff's former counsel filed proof of service of the order granting Plaintiff's counsel's motion to be relieved as counsel. Plaintiff's Counsel served the order on Plaintiff at her address on file ‐‐ 12601 Hatteras Street, Valley Village, CA 91607 ‐‐ the address that Plaintiff's coun...
2018.7.9 Motion for Terminating Sanctions, for Additional Monetary Sanctions 275
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.7.9
Excerpt: ...��) for Plaintiff's failure to obey a Court order compelling his appearance at deposition. Plaintiff has not filed any opposition. LEGAL STANDARD Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, issue, evidence or monetary sanctions. (CCP, §§ 2023.010(g), 2030.290(c); R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495.) Ultimate discovery sanctions are justified where the...
2018.7.9 Ex Parte Application to Continue Trial 166
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.7.9
Excerpt: ...eva, Albert Finkelshtein, and Inessa Finkelshtein as defendants. Defendant Richard Shaw (“Defendant”) was added to this case as a defendant by Doe Amendment filed on July 13, 2016. On December 29, 2016, Plaintiff filed a proof of service attesting to personal service of the summons and complaint on Defendant on December 27, 2016 at 8:05 am. On February 15, 2017, Plaintiff served a request for entry of default on Defendant by mail. On February...
2018.7.9 Demurrer 685
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.7.9
Excerpt: ...laintiff Alan Douglas (“Plaintiff”) filed his initial complaint in this action on March 5, 2018, alleging professional negligence against Nancy Zimmerman, Jay Neal Schapira, M.D., and Cedars Sinai Medical Center (collectively, “Defendants”). On April 18, 2018, Plaintiff filed a First Amended Complaint as a matter of course. On May 8, 2018, Defendant Cedars‐Sinai Medical Center (“Cedars”) filed the instant demurrer to the First Amend...
2018.7.9 Motion to Set Aside Dismissal 234
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.7.9
Excerpt: ...eptember 14, 2017 and September 26, 2017, respectively. The Court ordered the moving party -- Roxana Portillo -- to give notice. The July 18, 2017 order deeming the cases related was filed in both case files. The moving party -- Roxana Portillo – failed to give notice as ordered. Dismissal was entered, in both case files, on September 26, 2017 for all parties' failure to appear at the date set for trial. Plaintiff's Counsel states that she fail...
2018.7.9 Motion to Strike Complaint 164
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.7.9
Excerpt: ... Pineda failed to include a meet and confer declaration with the moving papers. Upon review of the case file, the Court is still not in receipt of Marina Pineda's meet and confer declaration. Defendant Marina Pineda is ordered to file the meet and confer declaration before the July 9, 2018 hearing and bring a conformed copy before this motion may be heard. If Counsel provides the conformed meet and confer declaration at or before the hearing on J...
2018.7.9 Petition for Relief from Claim Statute 733
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.7.9
Excerpt: ...on that occurred on March 16, 2017. Plaintiff Carlos Mendoza (“Plaintiff”) filed the complaint in this action on February 20, 2018 alleging causes of action for negligence and negligence per se against Defendant Los Angeles County Metropolitan Transportation Authority (“LACMTA”). Plaintiff has filed a petition for relief from government claim requirement with regards to LACMTA and for leave to file a civil action. LACMTA has not filed any...
2018.7.9 Motion to Compel Responses 050
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.7.9
Excerpt: ... two motions—a motion to compel responses to form interrogatories and a motion to compel responses to requests for production of documents. A motion must be brought separately for each discovery method at issue. Accordingly, the moving party is ordered to pay one additional filing fee. Proof of payment must be submitted to the Court Judicial Assistant in Department 5 no later than 1:30 pm on the hearing date of July 9, 2018. If the additional f...
2018.7.6 Motion to Set Aside Dismissal 191
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.7.6
Excerpt: ...requests that the Court set aside the dismissal entered on May 14, 2018 when the parties failed to timely appear for trial. The instant motion was filed on June 7, 2018, and thus is timely under CCP §473(b). Plaintiff's Counsel states that both parties agreed to continue the trial date in this matter, but the stipulation was not filed until May 9, 2018.[1] (Newnan Decl., at ¶ 5.) On May 11, 2018, the parties agreed that Defense counsel would sp...
2018.7.6 Motion to Quash Subpoenas 068
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.7.6
Excerpt: ...ively, “Defendants”). The subpoenas were issued and served on Interinsurance Exchange Auto Club and GEICO. The Court is not in receipt of any opposition from Defendants. Court staff called the moving party to confirm that no opposition has been filed. The moving party confirmed that no opposition has been filed but also stated that the parties are attempting to resolve the issues before the hearing. DISCUSSION The instant motion is CONTINUED ...
2018.7.6 Motion to Continue Trial 576
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.7.6
Excerpt: ...al is set for September 17, 2018. Defendant seeks to continue these matters to allow for a meaningful period of discovery. Defendant states that the complaint in the case was filed on March 15, 2017, but he was not served with the summons and complaint until April 14, 2018. Defendant requests that the trial and all discovery dates be continued so that Defendant may complete discovery. Defense counsel attempted to obtain a stipulation as to the co...
2018.7.6 Motion for Summary Judgment 202
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.7.6
Excerpt: ... the Court posted online a tentative order stating that the motion would have to be continued because the objections that Plaintiff filed did not clearly identify the evidence to which Plaintiff objects, and the separate statement that Plaintiff filed did not identify Plaintiff's counter‐evidence for disputed facts. The Court instructed Plaintiff to file a new statement of objections compliant with CRC Rule 3.1354(b) and a new separate statemen...
2018.7.5 Motion to Compel Deposition 189
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.7.5
Excerpt: ...Defendant the End Zone Sports Bar and Restaurant (“Defendant”). Plaintiff also requests sanctions. Defendant opposes the motion. The moving papers indicate that the trial in this matter was continued by stipulation of the parties for the purpose of resolving the issues with the deposition of Adaimy. Defendant does not contradict this statement. Nor does Defendant argue that discovery in this matter is closed. Upon examining the stipulation to...
2018.7.5 Motion for Trial Preference 747
Location: Los Angeles
Judge: Lu, Elaine
Hearing Date: 2018.7.5
Excerpt: ...fendants”). The complaint for personal injuries and damages was filed on March 21, 2018. Plaintiff moves for trial preference and trial setting pursuant to CCP §36(a). Defendant opposes the motion. Trial is currently set for September 23, 2019. LEGAL STANDARD Pursuant to CCP §36(a), a party to a civil action who is over the age of 70 must be given preference if the party has a substantial interest in the action as a whole, and the health of t...

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