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2018.5.31 Motion to Consolidate Actions 320
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.31

Excerpt: ...t, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” Under California Rules of Court Rule 3.350(a)(1), a notice of motion to consolidate must: (A) List all named parties in each case, the names of those who have appeared, and the names of their respective at...

2018.5.31 Motion to Compel Responses 101
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.31

Excerpt: ...et One (5) Motion to Compel Responses to Special Interrogatories, Set One (6) Motion to Compel Responses to Demand for Inspection and Production of Documents and Tangible Items, Set One The court considered the moving papers. BACKGROUND On June 23, 2017, plaintiffs Jie Liang and Bouy Liang filed a complaint against defendants Total Transportation & Distribution Inc. and Martin Jesus Lopez for motor vehicle negligence based on an incident that occ...

2018.5.31 Motion to Set Aside Dismissal 792
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.31

Excerpt: ...missal for failure to file proof of service of summons and complaint for February 27, 2018, stating that on the next hearing date, if proof of service had not been filed and there was no showing of progress with regard to service, then the court would dismiss the case. On February 27, 2018, because defendant had been served by publication and a default had been entered, the court set an OSC re dismissal for failure to enter default judgment. On A...

2018.5.30 Motion for Summary Judgment 442
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.30

Excerpt: ...gnating Heil Tractor International, Co. as Doe 1. 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, subdivision (c), re...

2018.5.30 Application to Appear as Counsel Pro Hac Vice 191
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.30

Excerpt: ...ice by mail of a copy of the application and notice of hearing on all parties who have appeared in the case and on the State Bar of California at its San Francisco office, with payment of a $50.00 fee, so long as that attorney is not a resident of the State of California, and is not regularly engaged in substantial business, professional, or other activities in the State of Califomia. The application must state: (1) the applicant's residence and ...

2018.5.30 Motion to Compel Deposition 406
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.30

Excerpt: ...dence, and Warner Bros. Entertainment, Inc. for premises liability based on a trip and fall incident on November 24, 2014. On January 24, 2018, plaintiff's counsel was relieved as counsel. Trial is set for August 22, 2018. DISCUSSION Defendants request an order compelling plaintiff Arnelia Wright to appear for her deposition on June 4, 2018, at 1:30 p.m. CCP §2025.450(a) provides: “If, after service of a deposition notice, a party to the actio...

2018.5.30 Motion to Compel Production of Files 655
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.30

Excerpt: ...tiff is alleging that she parked her police vehicle on a curb. Upon exiting the vehicle from the driver's side, and as she was walking to the front of the police vehicle to get to the sidewalk, defendant struck plaintiff's left shoulder with her 2012 BMW vehicle. On June 28, 2017, City of Los Angeles filed a complaint in intervention for subrogation of workers' compensation benefits. LEGAL STANDARD There is a special two-step procedure for securi...

2018.5.30 Motion to Continue Trial 490
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.30

Excerpt: ...o CRC Rule 3.1332(a), “To ensure the prompt disposition of civil cases, 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 ...

2018.5.30 Motion to Quash Service of Summons, Complaint 701
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.30

Excerpt: ...lity, negligence, negligence per se, and res ipsa loquitur. Plaintiff alleges that on October 28, 2014, plaintiff was at defendants' premises when an employee of defendants struck plaintiff in his head with a metal bar that defendants' employee was using to unload a vehicle from a tow truck. The blow to plaintiff's head caused laceration with severe bleeding. Following the incident, defendants' employees attempted to wrap plaintiff's head. Parame...

2018.5.30 Motion to Strike or Tax Costs 629
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.30

Excerpt: ... performers snapped off and struck plaintiff's head, causing severe injuries. On May 4, 2016, plaintiff filed amendments designating Love Living Productions LLP as Doe 1 and DLD Contractors, Inc. as Doe 2. On June 21, 2016, plaintiff filed a request for dismissal as to DLD Contractors, Inc. On January 18, 2017, the court granted Abbey Restaurants and Bars USA-LA, LLC's motion for leave to file a cross-complaint against DLD Contractors. On Februar...

2018.5.29 Motion to Change Venue 388
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.29

Excerpt: ...spondent superior, negligence per se, strict liability, violation of SDCC § 62.601, and violation of Food and Ag. Code § 31601. Plaintiff alleges that on April 27, 2017, he was walking back to the Tender Dock to get back on his boat. As he was walking down Catalina Pier with his dog on a leash, he and his dog were viciously attacked by two pit bulls and owned and cared for by defendants Turner and Weston. Plaintiff alleges that the dogs involve...

2018.5.29 Motion for Summary Judgment 724
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.29

Excerpt: ...dant Khaled Karame dba Malibu Yellow Cab. On January 19, 2018, the court granted defendant Khaled Karame dba Malibu Yellow Cab's motion for an order deeming admitted the matters in defendant's Requests for Admission, Set One, against plaintiff. 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 the...

2018.5.29 Motion for Summary Judgment 052
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.29

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,...

2018.5.29 Demurrer 368
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.29

Excerpt: ...dant”) filed a demurrer to the first, second, and fourth causes of action alleged against it, arguing that Plaintiffs' sole remedy is Worker's Compensation and the complaint is thus barred against it. Plaintiff filed a notice of non-opposition on May 10, 2018. Plaintiffs' complaint arises from injuries Feliciano suffered from an explosion while working for Defendant. (Compl. ¶ 10.) LEGAL STANDARD A demurrer can be used only to challenge defect...

2018.5.29 Motion to Continue Trial 939
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.29

Excerpt: ...��To ensure the prompt disposition of civil cases, 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 di...

2018.5.25 Motion to Vacate, Set Aside Default, Quash Service of Summons 590
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.25

Excerpt: ...ovina. On September 26, 2013, plaintiff filed the proof of service of the summons and complaint, stating that defendant Midvalley was served at 13050 E. Valley Blvd, Ste 205, La Puente. On July 29, 2014, defaults were entered against Arturo Campos and Midvalley Yellow Cab Transportation, Inc. On March 26, 2015, a default judgment was entered against Arturo Campos and Midvalley Yellow Cab Transportation, Inc. for $150,810.36. On October 13, 2016, ...

2018.5.25 Motion to Continue Trial 444
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.25

Excerpt: ...17, pursuant to stipulation and order, the trial date was continued from March 13, 2017 to October 23, 2017. On September 13, 2017, on an ex parte application, the court continued the trial date to April 30, 2018, along with all discovery dates. On February 22, 2018, pursuant to stipulation and order, the trial date was continued to June 28, 2018. On April 20, 2018, defendant filed a motion for summary judgment, set for hearing on July 26, 2018. ...

2018.5.25 Motion to Compel Responses, Demand for Production of Docs 075
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.25

Excerpt: ...ed a complaint against defendants Joanne Ruth Sellar and Ocho Films Inc. for motor vehicle negligence. Trial is set for July 17, 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 where no responses have been s...

2018.5.25 Motion for Summary Adjudication 667
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.25

Excerpt: ...g, Jose Oquedo, and Emilio Morales for survival action, loss of consortium, and wrongful death. Plaintiffs allege that on December 30, 2014, at approximately 3:00 a.m., Rafael Hernandez was operating his Freightliner Olympian truck on I-605. His truck was stopped in the number three lane behind other traffic, and behind an International truck owned by A & R Transportation. Defendant Morales was operating a Freightliner Century Class truck, owned ...

2018.5.25 Motion for Relief to File Late Claim 796
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.25

Excerpt: ... plaintiffs' vehicle, in which they were passengers. LEGAL STANDARD Before a suit for damages may be filed against a public entity, a claimant must present a timely written claim to the public entity and the claim must have been acted upon by the board or deemed rejected. Gov. Code §945.4; Munoz v. State of Cal. (1995) 33 Cal. App. 4th 1767, 1777. A claim relating to a cause of action for injury to person or personal property must be presented t...

2018.5.25 Motion for Leave to Intervene 095
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.25

Excerpt: ... 387(d)(1) or (d)(2) (formerly 387(a)), State Farm requests leave to file an answer in intervention on behalf of its insured Shau Chang Yee. CCP § 387(d) states: “(1) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) A provision of law confers an unconditional right to intervene. (B) The person seeking intervention claims an interest rela...

2018.5.24 Motion for Summary Judgment 927
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.24

Excerpt: ... for wrongful death, medical malpractice, and IIED. 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, subdivision (c), ...

2018.5.24 Motion for Leave to File Complaint 336
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.24

Excerpt: ...it her while she was lawfully on the sidewalk in front of 1043 S. Herbert Avenue, Los Angeles, moving along the sidewalk in her wheelchair. On February 6, 2018, the court granted Beatriz Soto's motion for leave to file third party cross-complaint against City of Los Angeles. 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 cro...

2018.5.24 Demurrer 701
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.24

Excerpt: ...018, Defendant Norwalk Auto Auction (“Defendant”) filed a demurrer to each cause of action. Plaintiff filed an opposition on May 11, 2018. Plaintiff's complaint alleges that on October 28, 2014 he was at 12405 Rosecrans Ave. Norwalk California 90604 (the “Premises”), owned by Defendant. (Compl. ¶¶ 5- 8.) While at the premises, Defendant's employee negligently struck Plaintiff in the head with a metal bar. (Compl. ¶ 8.) This caused a se...

2018.5.23 Motion to Transfer, Consolidate 218
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.23

Excerpt: ...43 were consolidated. On February 15, 2018, Insurance Co. of the West filed a subrogation complaint against Clay Dunn and Rodriguez for workers compensation reimbursement based on the same incident. On March 6, 2018, plaintiff Mario Gonzalez filed a complaint against Paul Rodriguez and Clay Dunn for motor vehicle negligence based on the same incident. A notice of related case was filed on April 25, 2018. LEGAL STANDARD CCP § 1048 states: “When...

2018.5.23 Motion to Reclassify Case 827
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.23

Excerpt: ...nued from May 17, 2018 to August 16, 2018. LEGAL STANDARD Actions in which the amount in controversy is $25,000 or less are classified as limited jurisdiction cases. CCP § 86(a)(1). CCP § 403.040 provides, in relevant part: “(a) The plaintiff . . . may file a motion for reclassification within the time allowed for that party to amend the initial pleading. The defendant . . . may file a motion for reclassification within the time allowed for t...

2018.5.23 Motion to Continue Trial 070
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.23

Excerpt: ...ant to stipulation and order, the trial date was continued from August 29, 2017 to December 1, 2017. On November 20, 2017, at the FSC, the trial date was continued to June 12, 2018. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “To ensure the prompt disposition of civil cases, 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 c...

2018.5.9 Motion to Consolidate 004
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.9

Excerpt: ...lidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” Under California Rules of Court Rule 3.350(a)(1), a notice of motion to consolidate must: (A) List all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record; (B) Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown fi...

2018.5.9 Motion to Compel Responses 116
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.9

Excerpt: ...for motor vehicle negligence based on an incident that occurred on February 24, 2016. Trial is set for February 28, 2019. 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 where no responses have been served. All tha...

2018.5.9 Motion to Compel Responses 104
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.9

Excerpt: ..., plaintiff Javier Gvdino (self-represented) filed a complaint against defendant Christopher Poblete Ocempo for motor vehicle negligence. 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 where no responses have been...

2018.5.9 Motion to be Relieved as Counsel 319
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.9

Excerpt: ...rdian ad litem. Trial is set for January 3, 2019. LEGAL STANDARD 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 moti...

2018.5.9 Motion to Compel Responses, for Admissions to be Deemed Admitted 925
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.9

Excerpt: ... Angeles County MTA and Doe Bus Driver for motor vehicle negligence based on an incident that occurred on May 3, 2017. Trial is set for February 19, 2019. 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 where no r...

2018.5.8 Motion to Reclassify Action 572
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.8

Excerpt: ...int. On May 1, 2017, plaintiff filed a Second Amended Complaint. Plaintiff alleges that defendant was negligent in having plaintiff evacuate a train that broke down by using a step ladder, instead of a harness, because plaintiff uses a walker, and that she sustained injuries as a result. LEGAL STANDARD Actions in which the amount in controversy is $25,000 or less are classified as limited jurisdiction cases. CCP § 86(a)(1). CCP § 403.040 provid...

2018.5.8 Motion to Quash Subpoena 451
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.8

Excerpt: ...t to stipulation and order, the trial date was continued from October 27, 2017 to February 27, 2018. On October 30, 2017, the court granted plaintiff's counsel's motion to be relieved as counsel. On November 30, 2017, pursuant to stipulation and order, the trial date was continued from February 27, 2018 to April 16, 2018. On March 22, 2018, the court granted plaintiff's motion to continue trial. The trial is set for October 16, 2018. LEGAL STANDA...

2018.5.8 Motion to Continue Trial 152
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.8

Excerpt: ...(a), “To ensure the prompt disposition of civil cases, 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 t...

2018.5.8 Motion to Compel Responses, Deposition 814
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.8

Excerpt: ...wrence Thornquist and Marilyn Jean Thornquist for motor vehicle negligence. Trial is set for August 16, 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 where no responses have been served. All that need be sh...

2018.5.7 Motion to Continue Final Status Conference, Trial Date, Etc. 105
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.7

Excerpt: ...ed on an incident that occurred on August 27, 2015. Trial was continued from May 18, 2018 to May 29, 2018. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “To ensure the prompt disposition of civil cases, 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 s...

2018.5.7 Motion to Strike or Tax Costs 715
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.7

Excerpt: ...ence and premises liability based on a trip and fall on August 5, 2015, on the sidewalk of White Oak Avenue. On December 2, 2016, the County and the State were dismissed. On January 25, 2018, the court granted defendants Nader Hattar and Dema Hattar, ind. and as trustees of the Hattar Family Trust's motion for summary judgment. On February 26, 2018, judgment was entered in favor defendants. On March 1, 2018, defendants filed a memorandum of costs...

2018.5.7 Motion to Compel Deposition 470
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.7

Excerpt: ...iff to appear for her deposition on May 28, 2018. 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 examination, or to proceed with it, or to produce for inspection any document . . . described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and te...

2018.5.7 Motion to Compel Responses, to Deem Requests for Admission 825
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.7

Excerpt: ...defendant Los Angeles County MTA for negligence. Plaintiff alleges that on October 31, 2015, he fell off an escalator at the Metro Red Line Westlake/MacArthur Park station when the escalator suddenly skipped while plaintiff was on it. On December 22, 2016, plaintiff filed a First Amended Complaint. On November 20, 2017, the court granted plaintiff's counsel's motion to be relieved as counsel. Counsel filed a proof of service on November 20. Trial...

2018.5.4 Motion to Strike Punitive Damages 907
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.4

Excerpt: ...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 court. CCP § 436(b). The grounds for a motion to strike are that the pleading has irrelevant, false or improper ma...

2018.5.4 Motion to Continue Trial Date 849
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.4

Excerpt: ...ndant Don Ciaffardini filed a cross-complaint against AAMCO Transmissions. On July 17, 2017, pursuant to stipulation and order, the December 13, 2017 trial date was continued to April 8, 2018. On October 2, 2017, pursuant to stipulation and order, the April 8, 2018 trial date was continued to June 11, 2018. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. A...

2018.5.4 Motion to Compel Responses 241
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.4

Excerpt: ...y based on a trip and fall on a sidewalk on July 11, 2015. Trial is set for August 23, 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 where no responses have been served. All that need be shown in the moving...

2018.5.4 Motion for Leave to File Complaint to Reclassify 114
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.4

Excerpt: ...e trial date was continued from October 23, 2017 to February 26, 2018. On December 29, 2017, the trial date was continued to May 31, 2018. LEGAL STANDARD Actions in which the amount in controversy is $25,000 or less are classified as limited jurisdiction cases. CCP § 86(a)(1). CCP § 403.040 provides, in relevant part: “(a) The plaintiff . . . may file a motion for reclassification within the time allowed for that party to amend the initial pl...

2018.5.3 Motion for Terminating Sanctions 836
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.3

Excerpt: .... Trial is set for January 17, 2019. DISCUSSION Defendants request that the court impose terminating sanctions against plaintiff for her failure to comply with the court's order dated January 25, 2018. If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. CCP § 2025.450(h) (depositions); § 2030.290(c) (interrogatories)...

2018.5.3 Demurrer 192
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.3

Excerpt: ...8, defendants filed an answer. LEGAL STANDARD Plaintiff may demur to an answer on the ground of insufficient pleading of defenses. CCP §430.20. Under CCP section 431.30(g), every affirmative defense “shall be separately stated, and the several defenses shall refer to the causes of action which they are intended to answer, in a manner by which they may be intelligibly distinguished.” “The same pleading of ‘ultimate facts' rather than ‘e...

2018.5.3 Demurrer 711
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.3

Excerpt: ...iff's complaint arises from a car accident where an on-duty LAPD officer rear ended Plaintiff's vehicle. Defendant's Demurrer to the Complaint Defendant demurs to the negligence cause of action. It argues that Plaintiff failed to comply with the Government Claims Act requirement of pre-suit claims presentation. Further, Defendant requests judicial notice of Plaintiff's government claims application submitted on February 16, 2017, over six months ...

2018.5.3 Motion for Consolidation 127
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.3

Excerpt: ...the I-10 westbound on or near the connector road for the I-605 southbound, in the City of Baldwin Park. On January 11, 2018, the court deemed related BC651127 with BC652094. BC652094 On February 27, 2017, plaintiff County of Los Angeles filed a subrogation complaint against defendants Thomas Peter Glowniak and Fleet Logic, LLC dba Velocity Truck Rental for motor vehicle negligence based on the same incident. On May 24, 2017, plaintiff filed an am...

2018.5.3 Motion for Consolidation 890
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.3

Excerpt: ...ril 30, 2018, the court deemed related BC651890 with BC653486. BC653486 On March 6, 2017, plaintiff Majid Sarafzadeh filed a complaint against defendants Steven Monk, Douglas Takaragawa, and Shabnam Tajmiri for motor vehicle negligence based on the same incident. LEGAL STANDARD CCP § 1048 states: “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matter...

2018.5.3 Motion to Compel Responses 460
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.3

Excerpt: ... defendant LA County MTA for motor vehicle negligence based on an incident that occurred on January 17, 2017. On November 15, 2017, plaintiff filed a First Amended Complaint. Trial is set for November 30, 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 ...

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The Best Way toLearn About a Judgeis to Read Their Rulings!

The Best Way to
Learn About a Judgeis to Read Their Rulings!