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2018.3.1 Motion for Leave to File Complaint 040
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.3.1
Excerpt: ...ous UV light that caused eye damage. SRC filed a cross‐complaint against Nazzareno Electric Co., Inc. At this time, Nazzareno moves for leave to file a cross‐complaint against Acuity Brands Lighting, Inc. for indemnification and related claims. Defendant contends Acuity manufactured and sold the subject light. A cross‐complaint against any of the parties who filed the initial complaint or cross‐complaint against the cross‐complainant mu...
2018.3.1 Motion for Determination of Good Faith Settlement 104
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.3.1
Excerpt: ...tle with Plaintiffs for $20,000. LAUSD seeks an order from the Court finding that the settlement is in good faith. LAUSD timely and properly served the moving papers on all parties to the action. Any opposition to the motion was due on or before 2/15/18. The Court has not received opposition to the motion. Notably, on 1/24/18, Plaintiff filed a Notice of Settlement of the entire case. The burden on a motion for determination of good faith settlem...
2018.2.28 Petition for Minor's Compromise 789
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.2.28
Excerpt: ...s' tram; the tram driver made a sudden turn, which caused Plaintiff to sustain a laceration on her knee; she has recovered fully from all injuries at this time. At this time Plaintiff, by and through her GAL and attorney of record, has agreed to settle all claims with Defendants for the total amount of $70,000. If approved, $6142.33 will be used for medical expenses, $23,333 for attorneys' fees, and $2960 for costs of suit; the net balance of $37...
2018.2.28 Motions to Dismiss, to be Relieved as Counsel 598
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.2.28
Excerpt: ...17. On 11/07/17, Plaintiff filed a Notice of Settlement of Entire Case, pursuant to which Defendant took its motion off calendar. Plaintiff has not, to date, filed a request for dismissal of the case. b. Parties' Positions Defendant moves to dismiss the case pursuant to CRC 3.1385, which requires a plaintiff who files a notice of settlement to file a request for dismissal within 45 days. Alternatively, it moves to dismiss pursuant to CCP §583.41...
2018.2.9 Motion for Summary Judgment 299
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.2.9
Excerpt: ...ime, Defendant, Imad‐Aldeen Shbeeb‐Muammad, M.D. moves for summary judgment on the complaint, contending the care and treatment of Decedent complied with the standard of care at all times and did not cause or contribute to Decedent's death. The standard of care against which the acts of health care providers are to be measured is a matter within the knowledge of experts. Elcome v. Chin (2003) 110 Cal.App.4th 310, 317. Unless the conduct requi...
2018.2.9 Motion for Leave to Amend 371
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.2.9
Excerpt: ...nt is the original complaint, which alleges Herb Dow is liable to Plaintiff because he operated the subject vehicle; Plaintiff alleged Does 1‐100 employed the persons who operated the subject vehicle, owned the motor vehicle, and entrusted the motor vehicle. See complaint, ¶MV‐2. 2. Motion for Leave to Amend At this time, Plaintiff moves for leave to amend the complaint. Plaintiff seeks to amend the complaint in two ways. First, she wants to...
2018.2.9 Motion to Strike, Leave to Amend 690
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.2.9
Excerpt: ...inal complaint on 7/21/17. On 7/31/17, before Defendant was served with the summons and complaint, Plaintiffs filed a First Amended Complaint. On 9/26/17, Defendant appeared in the action by filing a motion to strike the prayer for punitive damages and related language from the FAC. Plaintiffs, rather than oppose the motion, chose to file a Second Amended Complaint; upon receipt of the SAC, Defendant voluntarily took the motion to strike off cale...
2018.2.9 Motion to Strike 006
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.2.9
Excerpt: ..., and on 12/13/17, Sandoval filed a motion to strike the punitive damages related allegations. The hearing on the motion is scheduled for 2/09/18, with any opposition to the motion due on or before 1/29/18. As of 2/02/18, the Court has not received an opposition to the motion. For reasons that are not clear, rather than opposing the motion and seeking leave to amend, Plaintiff instead chose to file a motion for leave to amend, setting it for hear...
2018.2.8 Motion to Reinstate Case 145
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.2.8
Excerpt: ...r. On 11/07/17, the Court denied the request for a fee waiver. On 11/30/17, the Clerk voided the filing of the complaint. At this time, Plaintiff seeks an order reinstating the case. He indicates that he paid the necessary fees on 12/01/17, and the Clerk cashed the check. Indeed, the Court's file shows receipt of the filing fee on 12/07/17. Plaintiff indicates that he “does not understand” why the case was dismissed, and concludes the dismiss...
2018.2.8 Motion to Compel 648
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.2.8
Excerpt: ...d an additional attempt to meet and confer, Plaintiff has not served responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Defendant's motions are granted. Plaintiff is ordered to serve verified responses to form interrogatories, special interrogatories, and RPDs, without objections, within ten days. CCP §§2030.290(a),(b), 2031.300(a),(b). Sanctions ...
2018.2.8 Motion to Compel 326
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.2.8
Excerpt: ...ges arising out of an automobile accident. Plaintiffs' Decedent, Brianna Sanchez, died in the collision. On 10/03/17, the Schneider Defendants propounded a deposition subpoena for production of business records on the California Highway Patrol. The subpoena sought production of all of CHP's records and documents relating to the subject vehicle accident. Defendants contemporaneously served a notice to consumer on Plaintiff. Plaintiffs did not obje...
2018.2.8 Motion for Summary Judgment 395
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.2.8
Excerpt: ...f a slip and fall in one of Defendant's stores. At ¶Prem. L‐1, Plaintiff alleges Defendant had actual or constructive notice of the spill on their premises in sufficient time to clean the spill. 2. Motion for Summary Judgment Defendant moves for summary judgment on the complaint, contending it lacked actual or constructive notice of the subject spill prior to the accident. a. Law Governing Motions for Summary Judgment A defendant moving for su...
2018.2.7 Motion for Summary Adjudication 929
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.2.7
Excerpt: ...dants' path. The parties stipulated to substitute AC‐Catalina Landing, LLC for The Abbey Company, LLC. 2. Motion for Summary Judgment At this time, Defendants, Catalina Channel Express and AC‐Catalina Landing, LLC move for summary adjudication on Plaintiff's operative Second Amended Complaint. Specifically, they seek adjudication of the following two issues: 1. Plaintiff's sole cause of action against Defendants for "Negligence" is co...
2018.2.7 Motion for Summary Judgment 405
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.2.7
Excerpt: ...cident are not in dispute. The accident occurred on San Vicente Blvd. in Brentwood. Fact 1. There were four cars involved in the accident, from front to back being Plaintiff, unidentified third party, McDermott, and then Schaffner. Fact 3. McDermott was completely stopped when Schaffner made impact with him. Facts 4‐6. At this time, the McDermott defendants move for summary judgment on the complaint, contending nothing Conor McDermott did cause...
2018.2.7 Motion to Compel Deposition 613
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.2.7
Excerpt: ...sition off calendar. Thereafter, Defendant agreed to several deposition dates with Plaintiff's attorney, but each was canceled at the last minute. Defendant has been attempting to obtain dates for deposition from Plaintiff's attorney, but no dates have been forthcoming. On 12/12/17, the Court denied Defendant's motion to compel Plaintiff's deposition, without prejudice, finding that Defendant failed to show she propounded a Notice of Deposition o...
2018.2.7 Motion to Quash 792
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.2.7
Excerpt: ...roduction of business records on Plaintiff's various medical providers. The parties attempted to meet and confer, but were unable to resolve the issues relating to this motion to quash. At this time, Plaintiff moves to quash the subpoenas. Of note there, are five subpoenas that are the subject of this hearing; three motions were originally scheduled for 2/06/18, but have been continued to 2/07/18, to be heard contemporaneously with the remaining ...
2018.2.7 Petition to Approve Compromise 694
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.2.7
Excerpt: ...ity to eat from the date of the procedure (9/27/16) until she passed away on 1/11/18. Plaintiff was 47 years old at the time of her death, and there was a conservatorship over her estate created by the Probate Court, with John Kao, Plaintiff's brother, appointed as her conservator. At this time Plaintiff, by and through her brother and attorney of record, has agreed to settle all claims with Defendant for the total amount of $165,000; Petitioner ...
2018.2.7 Motion to Continue Trial 202
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.2.7
Excerpt: ...the matter was originally set for trial on 10/26/17. On 7/25/17, the parties filed a stipulation to continue the trial date, and trial is currently scheduled for 3/27/18. At this time, Defendant moves to continue the trial date for approximately five months, from 3/27/18 to 8/06/18. Defendant indicates all parties have stipulated to the relief sought; no formal stipulation, however, is submitted with the moving papers. Defendant establishes that ...
2018.2.6 Motion to Set Aside Default 719
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.2.6
Excerpt: ... on 2/02/15. Plaintiff tendered a claim to Defendant's insurance company, which denied the claim. On 5/11/16, Plaintiff filed proof of service of the summons, complaint, statement of damages, and related documents on Defendant. The POS indicates Defendant was served by personal service at her home address on 4/26/16. On 9/05/17, at Plaintiff's request, the Clerk entered Defendant's default. On 9/06/17, the Court entered judgment in Plaintiff's fa...
2018.2.6 Motion to Compel Deposition 464
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.2.6
Excerpt: .... Plaintiff filed her complaint on 6/30/16. On 11/28/17, Defense Counsel e‐mailed Plaintiff's attorney to obtain a date for Plaintiff's deposition. Receiving no response, Defense Counsel unilaterally set the deposition for 12/21/17. Defense Counsel attempted to confirm the deposition on two occasions, again without response. There was no objection to the notice of deposition. Ultimately, on 12/19/17, at 11:54 p.m., Plaintiff's attorney e‐mail...
2018.2.6 Motion to Compel Compliance 043
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.2.6
Excerpt: ...0/23/17, Defendants served non‐party, Uber with a deposition subpoena for production of business records. The subpoena sought production of “any and all documents or reports evidencing or documenting all passenger rides wherein Saeed Foroutan utilized Uber as a driver on March 28 ‐ 31, 2015, including the times and locations of passenger pick‐up and drop off, and identities of passengers.” Defendants and Uber met and conferred, with Ube...
2018.2.5 Motion to Set Aside Dismissal 481
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.2.5
Excerpt: ...a stipulation to continue the trial date, but the Court rejected the stipulation because the name of the attorney on the stipulation did not match the name of the attorney in the file. The parties executed a second stipulation and filed it prior to trial. It did not, however, reach the courtroom prior to the scheduled trial date of 11/27/17. No party appeared at the trial, and the Court dismissed the case due to failure to appear. At this time, P...
2018.2.5 Motion to Compel 133
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.2.5
Excerpt: ...in his capacity as a cross‐complainant, on 8/21/17 and 10/27/17. To date, despite multiple extensions of time to respond, Cross‐Complainant has not served responses. Cross‐Defendant therefore seeks an order compelling Cross‐Complainant to respond, without objections, to the outstanding discovery and to pay sanctions. Cross‐Defendant's motions are granted. Cross‐Complainant is ordered to serve verified responses to form interrogatories...
2018.2.5 Motion for Summary Judgment 654
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.2.5
Excerpt: ...e in connection with the care and treatment of Decedent, Marleny Escobar. At ¶10 of their complaint, Plaintiffs alleges Defendants are liable for malpractice because they “negligently failed to recognize, timely diagnose and/or properly treat an infection and/or a malignancy and/or an autoimmune disorder and/or a life ‐threatening condition, hemophagocytic symphohistiocytosis, and/or some other disorder without being limited thereto.” 2. M...
2018.2.5 Motion for Summary Adjudication 666
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.2.5
Excerpt: ...na Shores”) for damages arising out of a slip and fall incident. Important to this motion, Marina Shores was the owner of the property where Plaintiff fell, and Phenix operated a salon on the property. At ¶11 of his complaint, Plaintiff alleges: On or about 9:00 a.m. on February 27, 2014, Plaintiff, LOUIS GARCIA fell as he entered PHENIX SALON SUITES. A condition on the property caused water to pool in front of the door to PHENIX SALON SUITES....

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