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2018.3.13 Motion to Compel Responses 663
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.3.13
Excerpt: ...against defendant Sam's West, Inc. dba Sam's Club for premises liability. Plaintiff alleges that on November 3, 2014, he slipped and fell. On January 4, 2017, the court granted plaintiff's counsel's motion to be relieved as counsel. On January 17, 2017, plaintiff's counsel filed a proof of service of the order. Trial is set for August 13, 2018. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely ...
2018.3.13 Motion to Compel Deposition, Produce Docs 370
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.3.13
Excerpt: ...truck by a train. He suffered severe injuries including head trauma and broken bones. Defendants failed to maintain their premises in a reasonably safe manner and failed to warn of any dangers. On December 14, 2016, pursuant to stipulation and order, the trial date was continued to October 24, 2017. On February 14, 2017, the court granted plaintiff's counsel's motion to be relieved as counsel. The court ordered that plaintiff's counsel shall prep...
2018.3.13 Motion to Amend to Add Punitive Damages 320
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.3.13
Excerpt: ...D CCP § 473(a)(1) provides, in relevant part: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse ...
2018.3.13 Motion for Summary Judgment 901
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.3.13
Excerpt: ...on “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843. “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the...
2018.3.13 Motion for Leave to File Amended Answer 519
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.3.13
Excerpt: ... Abbott for negligence and negligence per se, premises liability, and negligent entrustment. On November 4, 2016, plaintiff filed a First Amended Complaint. Plaintiff alleges that on September 5, 2013, she was present at the parking structure as a guest at an event hosted by defendants. As a direct and legal result of the dangerous condition of the premises and failure to warn of this danger, plaintiff suffered permanent severe personal injuries....
2018.3.13 Demurrer 672
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.3.13
Excerpt: ...Mount Baldy, California. The road goes through a subdivision approved by the County. A flash flood swept the car off the road and into a creek, causing Lee's death. SAC at p. 5. Plaintiffs filed a complaint against defendants County of Los Angeles and others on September 3, 2015. They filed a first amended complaint on August 3, 2018, alleging two causes of action for general negligence and premises liability. The general negligence cause of acti...
2018.3.13 Application for Determination of Good Faith Settlement 259
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.3.13
Excerpt: ... March 13, 2018 to allow cross‐defendant Navarro to provide further information. BACKGROUND On December 7, 2015, plaintiff's Haizel Adelyn Alvarez Hernandez, Joseph Alexander, and Alvarez Hernandez filed a complaint against defendants State of California, State of California—Cal Trans, and County of Los Angeles for dangerous condition of public property. Plaintiffs allege that on February 27, 2015, plaintiffs' decedent was a passenger in a ve...
2018.3.1 Motion for Summary Judgment 102
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.3.1
Excerpt: ...lty and Investments for negligence and strict liability based on a dog bite incident that occurred on May 8, 2014. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, ...
2018.3.1 Motion to Compel Responses 291
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.3.1
Excerpt: ...ers Spa and Massage and Valleyheart Group LLC for premises liability based on a trip and fall in a very dimly lit parking area. Trial is set for November 26, 2018. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. CCP §2030.290(b). The statute contains no time limit for a motion to compel wh...
2018.3.1 Motion to Strike 827
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.3.1
Excerpt: ...ms proper, strike any irrelevant, false, or improper matter inserted in any pleading. CCP § 436(a). The court may also strike all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. CCP § 436(b). The grounds for a motion to strike are that the pleading has irrelevant, false or improper matter, or has not been drawn or filed in conformity with laws. CCP § 436. The gro...
2018.2.28 Motion for Summary Judgment, Adjudication 232
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.28
Excerpt: ...vanni Garcia, William Garcia, and Gustavo Garcia filed a complaint against defendant M.F. Salta Company Inc. for negligence/wrongful death based on an incident on August 24, 2014, whereby plaintiffs' decedent Lisandro Garcia attempted to operate a horizontal sliding gate on the premises at Boulevard Cadillac. The gate failed to stop at its designed stop limit and fell on Mr. Garcia, killing him. On March 7, 2016, plaintiffs filed an amendment to ...
2018.2.28 Motion to Continue Pending Action 113
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.28
Excerpt: ...ia filed a complaint against defendants Edgar Ghazaryan and Enterprise Rent-A-Car Company of Los Angeles, LLC for motor vehicle negligence based on an incident that occurred on July 24, 2016. On February 24, 2017, Ghazaryan filed a cross-complaint against Rosemary Flores. On April 5, 2017, plaintiffs filed a request for dismissal as to Enterprise. On April 26, 2017, Ghazaryan filed an amended cross-complaint against Rener-Mejia. On December 14, 2...
2018.2.28 Motions to Quash, Limit Deposition Subpoena, Request for Sanctions 594
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.28
Excerpt: ... 2017, plaintiff Wisam Mubasher filed a complaint against defendants Andrew Wagner and Suellen Wagner for motor vehicle and general negligence based on a February 27, 2015 motor vehicle accident. Trial is set for July 24, 2018. LEGAL STANDARD “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the ...
2018.2.26 Motion for Leave to Intervene 693
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.26
Excerpt: ...orker's compensation benefits. CCP § 387(a) provides that, “[u]pon timely application, any person, who has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both, may intervene in the action or proceeding. An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is so...
2018.2.26 Motion for Summary Judgment 205
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.26
Excerpt: ...udgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843. “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences ...
2018.2.26 OSC Re Dismissal, Motion to Enforce Settlement 449
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.26
Excerpt: ...ming Franks Clean Up, Inc. as Doe 1. On August 24, 2016, Central Transport/Liberty Bell Agency filed a lien claim pursuant to Labor Code §§ 3850-3864, claiming a first lien against any judgment, settlement, or recovery obtained by plaintiff for the purpose of recovering all workers' compensation benefits provided or which may be provided to or on behalf of plaintiff for the underlying workers' compensation matter concerning plaintiff. It states...
2018.2.23 Motion to Continue Trial Date 953
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.23
Excerpt: ...the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Under CRC Rule 3.1332(b), “A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party mus...
2018.2.23 Motion to Post Undertaking 777
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.23
Excerpt: ...ractice based on wrongful death. DISCUSSION Defendant Helen T. Huynh, M.D. requests that the court order plaintiff to post a security undertaking in the amount of $20,000, pursuant to CCP § 1030. Under CCP § 1030(a), when the plaintiff in an action resides out of the state the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs which may be awarde...
2018.2.23 Motion to Set Aside Judgment of Dismissal 787
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.23
Excerpt: ... 2017, there were no appearances at the Final Status Conference. On June 30, 2017, no one appeared for the trial, and the court dismissed the case without prejudice, pursuant to CCP § 581(b)(3). LEGAL AUTHORITY CCP § 473(b) states, in relevant part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a . . . dismissal . . . taken against him or her through his or her mistake, inadvertence, su...
2018.2.23 Motion to Continue Trial Date 609
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.23
Excerpt: ...Latter-Day Saints and Church of Jesus Christ of Latter-Day Saints for motor vehicle negligence based on an incident that occurred on October 28, 2013. On January 25, 2017, at an ex parte hearing, the trial date was continued from April 21, 2017 to October 6, 2017. On August 1, 2017, at an ex parte hearing, the trial date was continued from October 6, 2017 to March 9, 2018. On August 31, 2017, at an ex parte hearing, the trial date was continued f...
2018.2.9 Motion to Compel Discovery Responses 409
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.9
Excerpt: ... RESPONDING PARTY: None Motion to Compel Discovery Responses, Have Requests for Admission Deemed Admitted The court considered the moving papers and reply. No opposition was filed. BACKGROUND On April 19, 2016, plaintiffs Bobbi Patterson, Christina Williams, Albert Warren, Ryan Horner as guardian ad litem for Trinity Horner, and Raelyn Espitia filed a complaint against defendants Transport Express, Inc., Cascade Sierra Solutions, Carlos Guadalupe...
2018.2.9 Motion for Summary Judgment 532
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.9
Excerpt: ...a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843. “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, ...
2018.2.8 Motion for Sanctions 184
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.8
Excerpt: ...nd amended complaint. The court granted leave to amend, and a second amended compliant (“SAC”) was filed on October 5, 2017. On December 20, 2017, Plaintiff filed a request for dismissal of the entire action with prejudice. Before the action was dismissed, Defendant Loyd Martin filed a demurrer and motion to strike as to the SAC. Defendant Martin also filed a motion seeking sanctions for frivolous claims under Code of Civil Procedure section ...
2018.2.8 Motion for Leave to File Complaint 790
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.8
Excerpt: ...s filed on June 11, 2015. Plaintiff moved to amend the complaint on January 11, 2018. Defendant filed an opposition to the motion on January 24, 2018. Plaintiff's reply was filed on February 1, 2018. Trial is currently set for this case on April 11, 2018. // // LEGAL STANDARD CCP section 473(a)(1) provides that the court “may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading.” Case law makes cl...
2018.2.8 Motion for Determination of Good Faith Settlement 966
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.8
Excerpt: ...egligent hiring and supervision, battery, intentional infliction of emotional distress and negligent infliction of emotional distress. Plaintiff alleges that on June 19, 2016, he was about to enter the premises located at 532 S. Western Ave, Los Angeles, CA. Plaintiff claims that Defendant Lee was standing in the doorway, Defendant Lee asked Plaintiff a question and then struck Plaintiff in the face, breaking his jaw. In addition to claims agains...
2018.2.8 Motion for Summary Judgment 953
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.8
Excerpt: ...parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence,...
2018.2.8 Petition to Approve Minor's Compromise 496
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.8
Excerpt: ...earning Center, Inc. for negligence and negligent hiring, supervision, and retention based on an incident that occurred on February 6, 2015. DISCUSSION Minor Claimant is seven years old. Minor Claimant was on Defendant's premises and was playing on the playground when she fell over after sliding down the slide, sustaining a closed fracture of her humerus. Minor Claimant has recovered completely from her injuries and there are no permanent injurie...
2018.2.8 Petition for Approval of Compromise of Disputed Claim 103
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.8
Excerpt: ...negligence through her Guardian Ad Litem, John AJ Doe. On October 4, 2017, a notice of settlement was filed. DISCUSSION According to the Petition, Claimant is 12 years old. She alleges her teacher at LAUSD repeatedly subjected her to emotional and physical abuse, including kicking, pushing, name‐calling, etc. Claimant suffered psychological and emotional injuries as a result. She attended urgent care for a panic attack and had a therapy session...
2018.2.8 Motion to Require Attendance at IME 688
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.8
Excerpt: ...FedEx Office Print and Ship Center when defendant drove her vehicle through the plate glass window at the FedEx location. As a result, plaintiff fell over and a shelf then fell on top of her. Trial is set for July 16, 2018. DISCUSSION Defendant Helene Spiegel requests an order compelling Shalando Dartis to appear for an independent medical examination with a psychiatrist, James High, on March 6, 2018. “As a general matter, a defendant may obtai...
2018.2.8 Motion to Quash Service of Process 747
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.8
Excerpt: ...s proofs of service, all three Defendants were served on November 11, 2017, when Plaintiff's process server left documents with Jorge Martinez, the weekend manager of M & M Service, which is also Silva and Martinez's place of employment. While Martinez and M & M Service thereafter filed an answer, Silva filed the instant motion to quash, on the ground that on November 11, 2017, he was not an employee of M & M Service. DISCUSSION Defendant Ignacio...
2018.2.8 Motion to Continue Trial 519
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.8
Excerpt: ...iver, Lindsay Abbot, the owner of the church, Shepherd of the Hills, and the lessee of the church, Valley Outreach Synagogue. On October 28, 2016, Valley Outreach filed a cross‐complaint against Roes 1‐20, for equitable indemnification, contribution, and declaratory relief. On June 14, 2017, Valley Outreach filed a Roe Amendment to name T.B. Penick, the contractor of the garage, in its cross‐complaint. T.B. Penick answered on August 29, 201...
2018.2.8 Motion to Compel Responses 778
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.8
Excerpt: ...d a complaint against defendant 99 Cents Only Stores LLC for negligence based on an incident that occurred on June 5, 2013. On November 21, 2017, the court granted plaintiff's counsel's motion to be relieved as counsel, effective upon filing the proof of service of the signed order. On November 21, 2017, plaintiff's counsel filed a proof of service of the order to be relieved. Trial is set for March 6, 2018. LEGAL STANDARD Interrogatories If a pa...
2018.2.8 Motion for Summary Judgment, Adjudication 179
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.8
Excerpt: ...e negligence based on an incident that occurred on August 11, 2016. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843. “Code of Civil Procedure section 437c, s...
2018.2.7 Motion to Quash 182
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.7
Excerpt: ...ainst defendant Ron A. Rosen Janfaza for assault and battery and IIED. On December 11, 2017, plaintiff filed a proof of service of the summons and complaint. DISCUSSION Defendant requests that the court quash service of the summons and complaint. A defendant may serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her. CCP § 418.10(a). Code of Civil Procedure section 418.10 ...
2018.2.7 Motion for Leave to File Complaint 800
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.7
Excerpt: ...endants was provided to plaintiff for the purpose of retrieving used tires for recycling. The ladder failed during ordinary use and collapsed, causing plaintiff to fall and suffer injury. On July 12, 2017, plaintiff filed an amendment to complaint, designating Ilyas S. Hannoch as Doe 1. DISCUSSION Pursuant to CCP § 387(a), Travelers Casualty Insurance Company of America (“Travelers”), with respect to Eli's Muffler & Tire, requests leave to f...
2018.2.7 Motion to Compel Responses 430
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.7
Excerpt: ...ant to Respond to Demand for Production of Documents, Set No. One The court considered the moving papers. BACKGROUND On August 31, 2016, plaintiffs Shaneill Davis and Gerald Moultrie filed a complaint against defendants Timon Domineck Ganther-Tate and Caroline Lynn Johnson for motor vehicle negligence based on an incident that occurred on November 26, 2015. Trial is set for February 28, 2018. LEGAL STANDARD Interrogatories If a party to whom inte...
2018.2.7 Motion to Continue Trial 920
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.7
Excerpt: ...nd (2) premises liability. Plaintiff alleges that on May 29, 2014, plaintiff was lawfully on the property at 3405 W. Imperial Hwy, which is an elementary school. Defendant was the general contractor exercising direct and personal charge of the construction project at the premises and the safety of the premises. On May 29, 2014, plaintiff was standing on erected scaffolding when he fell and landed on the unprotected rebar, causing him serious inju...
2018.2.7 Motion to Quash 594
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.7
Excerpt: ...te Insurance Co. (4) Motion to Quash or Modify Business Subpoena for Production of Business Records Directed to Medchex The court considered the moving and opposition papers. BACKGROUND On January 24, 2017, plaintiff Wisam Mubasher filed a complaint against defendants Andrew Wagner and Suellen Wagner for motor vehicle negligence based on an incident that occurred on February 27, 2015. Trial is set for July 24, 2018. DISCUSSION Plaintiff Wisam Mub...
2018.2.7 Motion to Strike 172
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.7
Excerpt: ... District filed a subrogation complaint against Ynclan. The cases were related and consolidated. 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(a). The court may also strike all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the...
2018.2.6 Motion for Leave to File Complaint 336
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.6
Excerpt: ...eges that dog or dogs bit her while she was lawfully on the sidewalk in front of 1043 S. Herbert Avenue, Los Angeles, moving along the sidewalk in her wheelchair. Trial is set for February 13, 2019. LEGAL STANDARD CCP § 428.50 states, “(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint. (b)...
2018.2.6 Motion for Terminating Sanctions 433
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.6
Excerpt: ...ant (self-represented) filed an answer. On December 11, 2017, the court granted plaintiff's motion to compel the deposition of defendant. Trial is set for March 9, 2018. DISCUSSION Plaintiff Johnny Aguilar requests that the court impose terminating sanctions against defendant Nestor Arturo Padilla for his failure to comply with the court's order dated December 11, 2017. Plaintiff also requests $2,560 in monetary sanctions. On December 11, 2017, t...
2018.2.6 Motion to Compel Responses 870
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.6
Excerpt: ...14, 2015, plaintiffs Justin and Chase Sherman filed a complaint against defendants Lakewood Regional Medical Center, Inc., Arthur F. Gelb, M.D., Telecare Corp., and La Casa Psychiatric Health Facility for wrongful death based on medical malpractice. On July 13, 2015, plaintiffs filed a First Amended Complaint. Trial is set for May 14, 2018. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely resp...
2018.2.6 Petition to Approve Compromise of Action 080
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.6
Excerpt: ...2016, plaintiff Catherine A. Kim, a minor by and through her guardian ad litem, Suzy Yoon, filed a complaint against defendants Progressive Rent a Car Inc. and Stav Even for motor vehicle negligence based on an incident that occurred on February 19, 2016, when she was a pedestrian in a cross-walk. DISCUSSION The court has reviewed the petition and finds the settlement amount to be fair and reasonable. Petitioner has attached copies of the doctor'...
2018.2.5 Motion to Dismiss for Failure to Comply 061
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.5
Excerpt: ... On June 19, 2017, Marshalls of CA, LLC (erroneously sued as TJX Companies, Inc.) (“Marshalls”) filed an answer. On October 3, 2017, the court granted Marshalls' motions to compel responses to discover requests. Trial is set for February 20, 2018. DISCUSSION Defendant Marshalls requests that the court impose terminating sanctions against plaintiff for her failure to comply with the court's order dated October 3, 2017. On October 3, 2017, the ...
2018.2.5 Motion to Set Aside Dismissal 674
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.5
Excerpt: ...he court granted defendant's motion to quash. On April 3, 2017, at the OSC re dismissal (3-year OSC date), the court continued the hearing to June 19, 2017, as to why this case should not be dismissed for failure to serve the summons and complaint on defendant within three years after the action is commenced against defendant and for failure to file a valid proof of service of summons within sixty days after the time the summons and complaint mus...
2018.2.5 Motion to Compel Release of Employment Records 791
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.5
Excerpt: ...leven, Inc. and William Anderson for premises liability based on a slip and fall on July 11, 2013. On March 16, 2017, plaintiff filed an amendment to complaint, designating JSVP Operating, Inc. as Doe 1. On October 27, 2017, defendants filed a cross-complaint against IP T, LLC dba FM Facility Maintenance for indemnity, declaratory relief, and contribution. Trial was continued from December 12, 2017 to April 10, 2018. DISCUSSION Pursuant to CCP §...
2018.2.5 Motion to Compel Deposition 559
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.5
Excerpt: ...el filed the proof of service of the order granting counsel's motion to be relieved. Trial is set for February 15, 2018. DISCUSSION Defendant Pankaj Patel dba Travelodge requests an order compelling plaintiff Timothy Hughes to appear for his deposition. CCP §2025.450(a) provides: “If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examinati...
2018.2.5 Motion to be Relieved as Counsel 758
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.5
Excerpt: ...The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. See Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915; People v. Prince (1968) 268 Cal. App. 2d 398. CRC Rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of...
2018.2.5 Motion for Summary Judgment 625
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.5
Excerpt: ...ANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843. “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all th...
2018.2.5 Motion to Confirm Arbitration 657
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.2.5
Excerpt: ...e Arbitration Award The court considered the moving, opposition, and reply papers. BACKGROUND On August 8, 2013, plaintiffs Jorge Fonseca Rodriguez, Juan Carlos Fonseca, Ana Karina Fonseca, Jorge Ivan Fonseca, Javier Fonseca, and Leticia Fonseca filed a complaint against defendants Vida Health Clinic, P.C., Clinica Medica San Miguesl, Haemo-Stat, Inc., dba Fresenius Medical Care, Whittier Hospital Medical Center, Ginger Leon, D.O., Martin Bande, ...

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