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2018.1.25 Motion to Strike 031
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.1.25
Excerpt: ...strative Servies Cooperative, Inc., and TM Transportation, Inc. for damages arising out of an automobile accident. Plaintiff, Noriko Dorra was a passenger in Defendants' cab when the accident occurred. Plaintiffs allege the individual defendant, Kedrick, who was a paid driver, fell asleep at the wheel, crashed into a tree, and overturned the car, causing Noriko to sustain personal injuries and Anthony to suffer loss of consortium. Plaintiffs' com...
2018.1.25 Demurrer 438
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.1.25
Excerpt: ...s Plaintiff can make an offer of proof at the hearing showing how the causes of action can be amended to show how a viable claim can be alleged against Shadow Glen Homeowners Association. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349.) I. Background Facts On June 10, 2016, plaintiff Anaeis Issakhani (“Plaintiff”) filed a complaint against defendant Shadow Glen Homeowners Association Inc (“SGHA”) and does 1 to 50. On October 23, 2017, Plai...
2018.1.25 Demurrer 306
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.1.25
Excerpt: ...against defendants Los Angeles County Metropolitan Transportation Authority (“Metro”), the City of Los Angeles (the “City”), the County of Los Angeles (the “County”) and Does 1 to 100 alleging causes of action for general negligence and motor vehicle negligence pursuant to various statutes including Government Code §§ 815.2, 815.4, 820, 830.8, 835 and 840.2 and Vehicle Code § 17001 and/or Civil Code § 2100. Plaintiff alleges that ...
2018.1.25 Motion to Compel 359
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.1.25
Excerpt: ...ncement of this litigation, Plaintiff, Mather lived in LA County. Thereafter, Mather relocated to Alaska. 2. Motion to Compel At this time, Defendant moves to compel Plaintiff to attend a deposition in LA County, and also to attend an IME in LA County. a. Initial Note Opposition to the motion was due on or before 1/11/18. The Court has not received opposition to the motion. The Court notes that Defendant has previously filed three discovery motio...
2018.1.24 Petition to Approve Compromise of Minor 379
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.1.24
Excerpt: ...f, Tigran Balasanyan, a minor by and through his GAL, Edgar Balasanyan, filed this action against Defendant, Glendale Unified School District for damages arising out of a fall that occurred when an exercise bike he was using had a defective pedal. The minor plaintiff suffered a punctured thigh, headaches, and back pain as a result of the incident, but has completely recovered from his injuries at this time. Plaintiff, by and through his GAL and a...
2018.1.24 Motion to Set Aside Dismissal 197
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.1.24
Excerpt: ...s filed their complaint 12/04/15. The case was scheduled for an FSC on 5/19/17 and trial on 6/05/17. Plaintiffs failed to appear at either hearing, and on 6/05/17, the Court dismissed the case. 2. Motion to Set Aside Dismissal On 12/04/17, Plaintiffs filed the instant motion to set aside the dismissal. Plaintiffs argue the failure to appear at trial was the result of Counsel's neglect. Plaintiff's attorney submits a declaration with the motion ex...
2018.1.24 Motion to be Relieved as Counsel 565
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.1.24
Excerpt: ...ff, associated Bish Law as co‐counsel for Plaintiff in this matter. At this time, Plaintiff's associated attorney of record, Mindy Bish/Bish Law APC, seeks to be relieved as counsel, contending there has been a breakdown in the attorney‐client relationship such that further representation is not possible. Counsel declares that the moving papers were served by mail on her client at the client's last known address. While Counsel has been unable...
2018.1.24 Motion to Appear as Counsel Pro Hac Vice 144
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.1.24
Excerpt: ...nsel pm hac vice in this action. The application fully satisfies CRC 9.40. The applicant establishes that she is licensed in the States of Arizona and Nevada, and isin good standing. She has appeared pro hac vice in b,vo other cases in California in the past fivo years. She does not regularly work on live in California. A licensed California attorney, Todd Kaftchner, is associated as counsel in this case. The Courts only concern is the lack of pr...
2018.1.24 Motion for Terminating Sanctions 175
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.1.24
Excerpt: ... Special Interrogatories, Set One, and Requests for Admission, Set One on Plaintiff. On 11/14/17, the Court granted Defendant's unopposed motions to compel responses to the foregoing discovery, and ordered Plaintiff to serve verified responses, without objections, within ten days. The Court also granted the motion to deem the RFAs admitted and imposed monetary sanctions in the amount of $555, payable within thirty days. To date, Plaintiff has not...
2018.1.24 Motion for Protective Order 853
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.1.24
Excerpt: ..., but is not a party to the lawsuit. 2. Motion for Protective Order/to Compel Second Session of Deposition On 8/21/17, Defendant took Maxwell Johnson's deposition. Plaintiff's attorney, Daniel M. McGee, appeared at the deposition and indicated he was representing Maxwell in connection with the deposition. During the course of the deposition, McGee instructed Maxwell not to answer a variety of questions. At this time, Defendant seeks an order perm...
2018.1.24 Demurrer 904
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.1.24
Excerpt: ...st defendant Araceli Medina (“Medina”) and Does 1 to 30 to recover the sum of $30,638.68 that Farmers was obligated to pay its insured, Henry Chan, for collision damage stemming from an accident allegedly caused by the defendants. On September 27, 2017, Medina, in pro per, filed a cross complaint against Farmers, Henry Chan, Belin Huang Chan aka Henry Chan and Roes 1 to 30. The Cross complaint alleges causes of action for (1) contributory neg...
2018.1.24 Demurrer 054
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.1.24
Excerpt: ...gainst defendants Roberto Carlos Tejada‐Ruiz (“Ruiz”), Penske Truck Leasing Corporation, Penske Truck LSG Co. LLP and Does 1 through 25. On November 8, 2017, Plaintiff filed a first amended complaint (“FAC”) and included All Cartage Transportation Inc as a defendant. The FAC alleges causes of action for general negligence and motor vehicle negligence. On December 14, 2017, Ruiz, Penske Truck Leasing Corporation and Penske Truck LSG Co. ...
2018.1.23 Motion for Summary Judgment 324
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.1.23
Excerpt: ...o carbon monoxide while a tenant in a property owned by Defendants. 2. Motion for Summary Judgment Defendants move for summary judgment on the complaint, contending it is barred by the statute of limitations and res judicata. The Court will consider the res judicata issue first. The doctrine of res judicata gives certain conclusive effect to a former judgment in subsequent litigation involving the same controversy. It seeks to curtail multiple li...
2018.1.23 Motion for Leave to File Cross Complaint 317
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.1.23
Excerpt: ...ross‐complaint against Real Time Staffing Services, LLC (referred to as “Select Staffing” in the moving papers) for indemnification and related claims. Defendant contends Select Staffing entered into a binding indemnification agreement with Defendant that governs Plaintiff's claims in this suit. A cross‐complaint against any of the parties who filed the initial complaint or cross‐complaint against the cross‐complainant must be filed b...
2018.1.23 Motion for Leave to Intervene 421
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.1.23
Excerpt: ...Automobile Insurance Company, moves for leave to intervene in the action. In Hodge v. Kirkpatrick Develop Inc. (2005) 130 Cal.App.4 th 540, 554, the court considered the issue of whether an insurance company with subrogation rights should be granted leave to intervene in the main action. It held that, per CCP §387(b), the insurance company's rights to obtain subrogation would be compromised if intervention were not allowed, and therefore interve...
2018.1.23 Petition for Minor's Compromise 789
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.1.23
Excerpt: ...ts' 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 $3...
2018.1.23 Motion to Compel Deposition, IME 823
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.1.23
Excerpt: ...he complaint on 8/20/15 and served it on Defendants on 12/30/16. 2. Motion to Compel Independent Medical Examination a. Initial Note Opposition to this motion was due on or before 1/08/18. CCP §1005(b). Plaintiff filed her opposition papers on 1/12/18, four days late. The Court cannot locate proof of service of the opposition papers. The Court has not considered the late‐filed (and possibly unserved) opposition papers. The Court notes that Def...
2018.1.23 Motion to Dismiss 452
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.1.23
Excerpt: ...iff by a patron of Defendants' nightclub. Plaintiff filed his complaint on 6/27/13. On 11/20/17, Defendants, Sunset Entertainment Group, LLC, Freddy Braidy, and Boulevard Nightlife Group, LLC filed the instant motion to dismiss. They move to dismiss the complaint pursuant to CCP §§583.410 and 583.420, and CRC Rule 373, which collectively permit the Court to dismiss an action if it has been pending for more three years and the plaintiff has not ...
2018.1.23 Motions to Compel, Deem RFAS Admitted 287
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.1.23
Excerpt: ...intiff has not served responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding interrogatories and RPDs, deeming the RFAs admitted, and imposing sanctions. As an initial note, any opposition to the motions was due on or before 1/09/18. CCP §1005(b). On 1/16/18, Plaintiff filed an untimely opposition to the motion. The Court reviewed the opposition for the sole purpose of determining wh...
2018.1.22 Petition to Approve Compromise of Minor 841
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.1.22
Excerpt: ...endants, Cedars‐Sinai Medical Center and Carole Jordan‐Harris, M.D. for medical malpractice arising out of Defendants' care and treatment of Mia in connection with her mother's labor and delivery. Mia suffered serious cognitive injuries as a result of the labor and delivery, and her deficiencies are not expected to completely resolve at any point in her lifetime. 2. Settlement At this time, the parties have agreed to settle the entire action....
2018.1.22 Motion to Continue Trial 093
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.1.22
Excerpt: ...0/18. Defendant therefore seeks an order continuing the trial date until after the MSJ hearing date. To date, no party has filed opposition to the motion. The Court, in ruling on the motion, is guided by the case of Wells Fargo Bank v. Superior Court. The Court therein held that a trial court may not refuse to hear a summary judgment motion filed within the time limits of section 437c. (Wells Fargo Bank, N.A. v. Superior Court (1988) 206 Cal.App....
2018.1.22 Motion for Sanctions 351
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.1.22
Excerpt: ... final) prior to the hearing: Plaintiffs, Danilo and Nenita DeFiesta filed this action against Defendant, Elio Ramos for damages arising out of an automobile accident. Plaintiffs have attempted to take Defendant's deposition, and Defendant has not appeared. At this time, Plaintiffs move to compel the deposition. Defendant opposes the motion. The opposition is based on Defense Counsel's declaration. Defense Counsel declares that Defendant is homel...
2018.1.22 Demurrer 970
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.1.22
Excerpt: ...rder. I. Background Facts On March 14, 2017, plaintiff Moon Ja Pang (“Ms. Pang”) filed this action against defendants Saint Vincent Medical Center (erroneously sued as Saint Vincent Hospital) (“SVMC”), Dr. Edward Mcpherson and Does 1 through 20, alleging a cause of action for medical malpractice. On August 16, 2017, defendant Dr. Edward Mcpherson was dismissed from the action with prejudice. On August 30, 2017, the Court sustained SVMC's ...
2018.1.22 Demurrer 582
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.1.22
Excerpt: ...led a complaint against defendants Jory S. Gorcey (“Gorcey”), the City of Los Angeles (the “City”), the Department of Water and Power (“DWP”) and Does 1 to 12. Plaintiff alleges a cause of action for general negligence against Gorcey and a cause of action for premises liability against the City and DWP. The complaint alleges the following: 1) on November 10, 2015, Plaintiff and several other riders including Gorcey were on a group bik...
2018.1.2 Motion to be Relieved as Counsel without Prejudice
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.1.2
Excerpt: ...e moving papers. First, the Court cannot locate a proposed order on the motion (or a proof of service of the proposed order). CRC 3.1362(d), (e). Second, the Court cannot locate proof of service of the moving papers on Plaintiff or on Defendant, who has appeared in the action. If Counsel re‐files the motion, the Court asks Counsel to file a declaration with specific facts concerning the outcome of his attempts to confirm his client's address. F...

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