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2021.03.17 Motion to Compel Deposition 548
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.17
Excerpt: ...intiffs, Mario Hernandez and Jonathan Hernandez, by and through their GAL, Carina de la Cruz, (collectively, “Plaintiffs”) filed this action against Defendants, Robin Hill Gingold, Daniel Leigh Gingold, and Nicholas Gonzales arising out of the death of Decedent, Mario Hernandez Franco (“Decedent”). Decedent was working as a gardener for Gonzalez and was assigned to do work at the Gingolds' home. While on a ladder trimming a hedge, he fell...
2021.03.16 Motion to Consolidate 264
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.16
Excerpt: ... 20STCV23264 against Defendants, BP International, Inc. (“BP”) and Pico Rivera Collection, LLC (“Pico”) for wrongful death caused by a dangerous property condition and negligence. The action concerns the wrongful death of Vy Xuan Lam (“Decedent”). The complaint alleges Defendants allowed an illegal breakroom to exist on their property. The breakroom was built in the rafters above a storage room in a nail salon. Decedent was an employe...
2021.03.16 Motion to Compel Further Responses 027
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.16
Excerpt: ...gainst Defendants, Precision Machining Co., Inc. (“Precision Machining”) and Vage Dekhbachyan (“Dekhbachyan”) for damages arising from a motor vehicle accident. On 3/30/20, Plaintiffs filed 11 motions to compel further responses to discovery propounded on Defendants. The parties appeared and participated in an Informal Discovery Conference (“IDC”) concerning the discovery on 1/25/21. Following the IDC, the court issued the following o...
2021.03.16 Motion to Compel Deposition 489
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.16
Excerpt: ...ck”) and Gentry Brothers, Inc. (“GB”) for damages arising from a motor vehicle accident. Plaintiff, at this time, moves to compel Defendant GB to produce Houck and GB's Person Most Knowledgeable (“PMK”) deposition. Plaintiff asserts it has noticed Houck's and GB's PMK's deposition on multiple occasions. Most recently, on 9/25/20, Plaintiff noticed the depositions for 10/15/20. Plaintiff provides, however, that on 10/6/20 GB served its o...
2021.03.16 Motion for Summary Judgment 733
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.16
Excerpt: ...rking (“Defendant”) for negligence. Plaintiff alleges it had an automobile insurance policy covering a 2017 Cadillac Escalade owned by Patricia Lindsay in effect when Defendant was in possession of the vehicle for purposes of parking. Defendant allegedly failed to use due care, and as a result, the vehicle was stolen and damaged. Plaintiff provides it paid for the damage to the vehicle under the policy, and Plaintiff is subrogated to its insu...
2021.03.15 Motion for Summary Judgment 885
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.15
Excerpt: ...March 15, 2021 1. Background Plaintiff, Terri Richard (“Terri”) and Jason Richard (“Jason”) (collectively, “Plaintiffs”) filed this action against Defendants Devadatt Mishal, M.D. (“Mishal”), Devadatt Mishal, M.D., Inc. (“Mishal Inc.”), and PIH Health Hospital-Downey (“PIH”) (collectively, “Defendants”) for medical negligence and loss of consortium. The complaint alleges that on 5/29/18, Plaintiff Terri Richard was a p...
2021.03.15 Motion for Summary Judgment 447
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.15
Excerpt: ...ising out of a slip and fall in Defendant's store. The complaint alleges causes of action for negligence and premises liability. Defendant now moves for summary judgment. The basic undisputed facts are as follows: on 10/17/16 at about 10:45 p.m., Plaintiff was shopping with her husband at Defendant's store. (UMF 1.) While in the store near the refrigerated goods section, Plaintiff alleges she slipped in a gravy-like substance that caused her to f...
2021.03.15 Demurrer 052
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.15
Excerpt: ...(collectively, “Defendants”) for assault, battery, negligence and intentional infliction of emotional distress. The complaint alleges that on 7/27/18, Defendants approached Plaintiff inside of a martial arts center and intentionally kicked Plaintiff in his testicles. Plaintiff filed the complaint on 11/10/20. Defendants now each demurrer to the complaint. The demurrers are identical and will be addressed together. Defendants argue Plaintiff's...
2021.03.12 Motion to Transfer Action, Change Venue 978
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.12
Excerpt: ...riones (“Briones”) and Central Transport LLC (“Central Transport”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. The complaint alleges the accident occurred “approximately half a mile South of Quail Lake Road on the Interstate 5 North in an unincorporated area in the County of Los Angeles in the State of California.” Defendant Central Transport now moves for an order to transfer for forum non- con...
2021.03.12 Motion for Leave to File Amended Answer 407
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.12
Excerpt: ...t, Los Angeles Unified School District (“Defendant”) for damages arising out of an injury Plaintiff sustained in her physical education class. At this time, Defendant seeks leave to file a First Amended Answer to assert defenses under the Medical Injury Compensation Reform Act (“MICRA”). 2. Motion for Leave to File First Amended Complaint Defendant seeks leave to file a First Amended Answer (“FAA”) to include defenses under MICRA. Def...
2021.03.11 Motion for Protective Order for Deposition of PMK 047
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.11
Excerpt: ...s action against Defendant, New York & Company Stores (“Defendant”) for damages relating to Plaintiff trip in fall inside Defendant's store. On 7/23/20, Defendant filed a Notice of Defendant's Bankruptcy Filing. Thereafter, on 10/2/20, Plaintiff filed Notice of Stipulation and Consent Order Granting Limited Relief from Automatic Stay with respect to the personal injury claim asserted by Plaintiff. At this time, Defendant moves for a protectiv...
2021.03.11 Motion for Summary Judgment 430
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.11
Excerpt: ...or damages related to a trip and fall inside Defendant's store. Plaintiff's operative First Amended Complaint (“FAC”) asserts causes of action for negligence and premises liability. The FAC alleges that “[w]hile Plaintiff was shopping, his cart caught the edge of a pallet sticking out in one of the aisles which caused the cart to abruptly stop and twist causing the Plaintiff to violently fall causing sever [sic] injury to his person.” (FA...
2021.03.11 Motion for Summary Judgment 499
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.11
Excerpt: ...Medical Center, Philippe Quilici, M.D. (“Quilici”), Anika Yousefian, M.D. (“Yousefian”), and Healthcare Partners Affiliates Medical Group (erroneously named and served herein as HealthCare Partners, a Davida Medical Group) (“Healthcare Partners”) for medical malpractice. Plaintiff alleges Defendants misdiagnosed him with stage IV colon cancer, which ultimately led Plaintiff to be referred to hospice care by Yousefian of Healthcare Par...
2021.03.09 Motion to Compel Further Responses 264
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.09
Excerpt: ...dant”) for damages arising from a motor vehicle accident. On 10/2/20, Plaintiff filed a motion to compel Defendant to respond further to demand for inspection and production of documents (“RPDs”), set one, No. 9. On 3/2/21, the parties participated in an IDC regarding the subject discovery dispute; however, the matter was not resolved. Plaintiff now moves to compel further response to RPDs No. 9. Defendant opposes the motion, and Plaintiff ...
2021.03.09 Motion for Summary Judgment 624
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.09
Excerpt: ... Dassoff (“Dassoff”) for injuries Plaintiff sustained from an alleged dog bite incident that occurred on or about 7/31/19. Defendant Dassoff now moves for summary judgment arguing the subject dogs that allegedly attacked Plaintiff are not owned by Dassoff or Dassoff's tenant, Johnson, and that Dassoff did not have actual knowledge of the any incidents involving the dogs. 2. Motion for Summary Judgment a. Moving Argument Dassoff argues that Jo...
2021.03.08 Motion to Transfer Action and Change Venue 083
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.08
Excerpt: ...on (“Aley”) and Lorettha Lomeli Runfola (“Runfola”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. The complaint alleges the accident occurred in San Bernardino County. Defendants now move for an order changing venue to the Kern County Superior Court. 2. Motion to Change Venue a. Parties' Positions Defendants assert Plaintiff lives in Bakersfield, which is in Kern County, as do all physicians that have...
2021.03.08 Motion for Terminating Sanctions 015
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.08
Excerpt: ..., Inc. (collectively, “Defendants”) for damages arising from a motor vehicle accident. At this time, Defendants move for terminating sanctions against Plaintiff based on Plaintiff violating the court's 9/1/20 Order by failing to serve verified responses to discovery requests and to pay monetary sanctions. Code of Civil Procedure § 2023.030 gives the court the discretion to impose sanctions against anyone engaging in a misuse of the discovery...
2021.03.08 Motion for Leave to File Answer 407
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.08
Excerpt: ... Los Angeles Unified School District (“Defendant”) for damages arising out of an injury Plaintiff sustained in her physical education class. At this time, Defendant seeks leave to file a First Amended Answer to assert defenses under the Medical Injury Compensation Reform Act (“MICRA”). 2. Motion for Leave to File First Amended Complaint Defendant seeks leave to file a First Amended Answer (“FAA”) to include defenses under MICRA. Defen...
2021.03.04 Motion to Compel Deposition 850
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.04
Excerpt: ...osition. Plaintiff asserts he has noticed Defendant's deposition multiple times. Most recently, Plaintiff noticed Defendant's deposition on 7/30/20, to be completed remotely and setting the deposition for 8/14/20. (Mot. Exh. D.) However, Defendant objected to the deposition notice and refused to sit for her deposition. CCP § 2025.450(a) provides, “If, after service of a deposition notice, a party to the action or an officer, director, managing...
2021.03.04 Motion for Summary Judgment 763
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.04
Excerpt: ...ge District (the “District”), City of Long Beach (the “City”), and County of Los Angeles for damages arising out of Plaintiff's fall on a sidewalk. The complaint alleges causes of action for (1) dangerous condition of public property pursuant to Government Code § 835, and (2) public employee liability for wrongful acts or omissions under Government Code § 840.2 The District now moves for summary judgment as to Plaintiff's complaint. 2. ...
2021.03.03 Motion to Strike 483
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.03
Excerpt: ...”) alleging (1) public entity liability and (2) negligence. The complaint alleges that Plaintiff was lawfully riding her bicycle on the street when a dangerous condition caused Plaintiff to fall when her front bicycle tire was suddenly caught in an unsafe groove in the surface. The public entity liability claim cites Government Code §§ 815, 815.4, 815.6, 830, 830.8, 835, 835.2 and 835.4. Defendant at this time moves to strike the reference Go...
2021.03.02 Motion to Compel Further Answers 157
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.02
Excerpt: ...led this action against Defendants, 7440 N. Sepulveda LLC and Barakat- Allah Management (collectively, “Defendants”) for injuries Plaintiff sustained from a fire in his apartment. Defendants filed the instant motion to compel further deposition answers on 6/2/20. Defendants move for an order compelling Plaintiff to answer deposition questions Plaintiff failed to respond to at Plaintiff's deposition on 2/7/20, including questions relating to P...
2021.03.02 Demurrer 987
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.02
Excerpt: ...di”) and O.A.L. Tow, Inc., doing business as Westside Tow (collectively, “Defendants”) alleging claims for negligence and negligent entrustment. The complaint alleges that on 1/21/20, Defendant Mehdi towed Plaintiff's vehicle to an auto shop, and Plaintiff rode with Mehdi. When they they pulled into the shop Plaintiff got out of the tow truck and went to his vehicle to retrieve paper work, but Mehdi then negligently and carelessly began to ...
2021.03.01 Demurrer 824
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.01
Excerpt: ...“Claude”), Special Olympics Southern California, Inc. (“Special Olympics”), and City of Los Angeles (the “City”) for injuries Plaintiff sustained after allegedly being attacked by dogs while training with Special Olympics. The complaint alleges causes of action for (1) dangerous condition of public property against the City, and (2) general negligence and (3) premises liability against Claude and Special Olympics. Defendant the City n...
2021.03.01 Demurrers, Motions to Strike 949
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.01
Excerpt: ... (“Lozano”) filed this action against Defendants, John Genovese (“John”) and Gregory Genovese (“Gregory”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. The complaint alleges cause of action for (1) motor vehicle accident and (2) loss of consortium. Defendants now each demur to the complaint arguing the complaint fails to state a cause of action against Defendants. Additionally, Defendants move to ...
2021.03.01 Motion to Compel IME 388
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.03.01
Excerpt: ... (collectively, “Defendants”) for damages arising out of an automobile accident. This matter was initially set for hearing on 5/17/21. However, on 2/10/21, Defendants filed an Ex Parte Appliation to Advance the Hearing Date for the instant motion, which the court granted by setting the motion to heard on 3/1/21. (Min. Order 2/11/21 and 2/16/21/21.) II. Motion to Compel IME Defendants assert they properly served Plaintiff with a Demand for Ind...
2021.02.26 Motion to Compel Further Responses 871
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.26
Excerpt: ...6, 2021 1. Background Plaintiffs, Gayane Bursalian (“Bursalian”), Mikhail Bursalioglu (“Mikhail”), and Torus Bursalioglu (“Torus”) (collectively, “Plaintiffs”) filed this action against Defendants Process Cellular Inc. dba Procell (“Process”) and Harry Ayvazian for negligence and premises liability. Plaintiffs allege Process was working on the roof of the apartment where Plaintiffs reside and damaged the roof, so that when it ...
2021.02.26 Demurrer 651
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.26
Excerpt: ...nt, Saint Francis Hospital (“Defendant”) alleging Defendant gave Plaintiff a uterus tract infection while she was pregnant. On 12/21/20, Plaintiff filed her First Amended Complaint (“FAC”) on form PI-001 seemingly asserting a cause of action for negligence. The FAC includes a prayer for punitive damages. Defendant now demurs to the FAC arguing it fails to state facts sufficient to constitute any cause of action against Defendant, and the ...
2021.02.25 Motion to Strike 070
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.25
Excerpt: ... Yengibaryan (“Yengibaryan “) and Khachik Vahramyan (“Vahramyan”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. The complaint alleges a single cause of action for negligence. The complaint includes a prayer for punitive damages and attorney's fees. Defendants now moves to strike the punitive damages and request for attorney's fees. 2. Motion to Strike a. Moving Argument Defendants contend the complain...
2021.02.25 Motion for Summary Judgment 586
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.25
Excerpt: ...a Bistro (“Defendant”) for damages arising out of a slip and fall in Defendants' property. The complaint alleges causes of action for negligence and premises liability. In particular, the complaint alleges, "negligently owned, operated, maintained, managed, leased, offered for hire and/or entrusted the subject premises" and "Defendants knew or should have known of the dangerous condition on its premises [an allegedly "[s]lippery and possibly ...
2021.02.25 Motion for Leave to File FAC 953
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.25
Excerpt: ...ments, Inc. (“Get-Thin”) and Does 1 to 40 for negligence and products liability. The complaint alleges Get-Thin operates a holistic weight loss and beauty spa, and that on 9/5/17, Get-Thin took Plaintiff into an examination room and instructed him to sit on a massage table. When Plaintiff attempted to get off the table it flipped and threw Plaintiff to the floor. On 1/15/19, Plaintiff filed an Amendment to Complaint naming Factory Direct Whol...
2021.02.24 Petition to Approve Compromise Without Prejudice 382
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.24
Excerpt: ...oner”), Rosa Maria Sandoval (“Sandoval”) filed this action against Defendant City of Los Angeles, et al. for injuries Claimant sustained when Los Angeles Police Department Officers were pursuing a different individual. The complaint alleges the LAPD officers were negligent in their pursuit of an individual, which caused a vehicle to collide with Claimant. The complaint included a loss of consortium claim by Plaintiff Sandoval, who is Claima...
2021.02.24 Demurrer 116
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.24
Excerpt: ...iled this action against Defendants, American Racing Equipment Inc. (“ARE” or “Defendant”), et al. on 7/6/20 on form PI-001. The complaint appears to assert causes of action for (1) general negligence, (2) intentional tort, and (3) loss of consortium, as these are the claims asserted in Item 10. However, there are no attachments with any causes of action attached to the complaint. Defendant ARE now demurs to the complaint arguing the comp...
2021.02.23 Motion to Compel Further Responses 132
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.23
Excerpt: ...l Group Global, et al. for damages arising from a slip and fall at the Plaza West Covina Mall on 5/31/15. Plaintiff filed the instant motion to compel further responses to request for production of documents (“RPDs”), set two, against Defendant, National Janitorial Services, Inc. (“NJS”) on 12/14/20. On 2/9/21, the parties participated in an Informal Discovery Conference (“IDC”) regarding the subject discovery; however, the matter was...
2021.02.23 Motion to Compel Deposition, to Compel IME 807
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.23
Excerpt: ...nst Defendants, MSP Partners I, LLC, et al. alleging that Plaintiff was attacked with a metal spatula by Defendant, Jose Rubio, who was employed by MSP Partners I, LLC at the time. Defendants, MSP Partners I, LLC and Jose Rubio (collectively, “Defendants”) now move for an order (1) to compel the deposition of Plaintiff and production of documents, and (2) to compel compliance with independent medical examination and request for sanctions. The...
2021.02.22 Motion to Continue Trial Date 212
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.22
Excerpt: ...krofi (“Defendants”) for damages arising from a motor vehicle accident. Plaintiff filed the complaint on 11/19/18. This matter is currently set for trial on 5/28/21. Defendant now moves to continue the current trial date to or after October 2021. Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. (CRC Rule 3.1332(c).) The Court may grant a continuance only on an affirmative sho...
2021.02.19 Motion for Summary Judgment 704
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.19
Excerpt: ...��Defendant”) for damages relating to Plaintiff's trip and fall inside Defendant's store. Plaintiff alleges the shopping cart she was pushing while shopping suddenly stopped when the cart locked engaged and caused her to fall. Defendant now moves for summary judgment. 2. Motion for Summary Judgment a. Moving Argument Defendant contends surveillance footage of the incident lodged with the court shows that the subject cart Plaintiff was pushing d...
2021.02.17 Motion to Vacate Order, to Augment Expert Witness List, to Compel Further Responses 288
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.17
Excerpt: ....m. February 17, 2021 1. Background Plaintiff, Caroline Simpson (“Plaintiff”) filed this action against Defendant, Saint Joan of Arc Catholic Church for damages arising out of a slip and fall on Defendant's property. On 6/8/20, Plaintiff filed an Amendment to Complaint naming the Roman Catholic Archbishop of Los Angeles (collectively with Saint Joan of Arc Catholic Church, “Defendants”) as Doe 1. Plaintiff moves for trial setting preferen...
2021.02.17 Demurrer 098
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.17
Excerpt: ...”), Renegade Racing (“Renegade”) and the City of Long Beach (the “City”) for damages Plaintiff sustained while bicycling on a public bicycle path in the City of Long Beach. On 11/14/20, Plaintiff filed his First Amended Complaint (“FAC”) alleging causes of action for (1) negligence and (2) statutory liability/dangerous condition of public property. The first cause of action is asserted against Tour and Renegade, and the second cause...
2021.02.16 Motion to Strike 893
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.16
Excerpt: ...fendant, Uber Technologies, Inc. (“Uber”) and Hondie Cui alleging for damages arising from a motor vehicle accident. The complaint includes a prayer for punitive damages. Defendant Uber, at this time, moves to strike the prayer for punitive damages in the complaint. This matter was originally set to be heard on 1/12/21; however, the parties agreed to continue the matter to allow Plaintiff to file an Exemplary Damages Attachment Plaintiff clai...
2021.02.16 Motion to Strike 040
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.16
Excerpt: ...ian (“Defendant”) alleging for damages arising from a dog bite. The complaint alleges causes of action for (1) statutory strict liability, (2) common law strict liability, (3) negligence, and (4) premises liability. The complaint includes a prayer for punitive damages and for attorney's fees. Defendant moves to strike the prayer for punitive damages and request for attorney's fees in the complaint. 2. Motion to Strike a. Punitive Damages Defe...
2021.02.16 Motion to Compel Further Responses 906
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.16
Excerpt: ...��Defendant”) for damages related to the death of Plaintiffs' child while at Defendant's childcare program. On 8/5/20, Plaintiffs filed the instant motions to compel further responses to form interrogatories, set one, and to request for production of documents (“RPDs”), set one. An Informal Discovery Conference was scheduled concerning the subject discovery for 1/21/21; however, the matter was not resolved because defense counsel, without e...
2021.02.11 Motion to Compel Second Session of Deposition 419
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.11
Excerpt: ...Stores, LLC (“Defendant”) for damages arising out of a trip and fall in Defendant's store. Defendant now moves to compel a second deposition of Plaintiff. Defendant provides it met and conferred with Plaintiff concerning appearing for a second deposition, but Plaintiff did not agree to do so. CCP § 2025.610 states: (a) Once any party has taken the deposition of any natural person, including that of a party to the action, neither the party wh...
2021.02.11 Motion for Leave to Conduct Second IME 639
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.11
Excerpt: ...against Defendants, Marek Soto Delgado and Jose Delgado (collectively, “Defendants”) for damages arising out of a motor vehicle accident. Defendants now move for leave to conduct a second Independent Medical Examination (“IME”) of Plaintiff with Dr. Luke Macyszyn, M.D., M.A. (“Dr. Macyszyn”). Plaintiff opposes the motion, and Defendants filed a reply. 2. Motion for Leave to Conduct Second IME Except for defense physicals in personal i...
2021.02.11 Demurrer 853
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.11
Excerpt: ...s arising from a motor vehicle accident. On 11/18/20, Plaintiff filed an Amendment to Complaint naming John Ryan Kennedy as Doe 1 (“John”) (collectively with Kelly, “Defendants”). Defendants now demur to the complaint arguing the claims against John are barred by the applicable statute of limitations under CCP § 335.1. As an initial matter, the court notes that while Defendants' demurrer refers to a First Amended Complaint (“FAC”), P...
2021.02.11 Demurrer 104
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.11
Excerpt: ... for damages arising from a motor vehicle accident. On 1/29/19, Plaintiff filed the complaint against Defendant alleging a single cause of action for negligence. Defendant now demurs to the complaint arguing it is time barred by the applicable statute of limitations under CCP § 335.1. 2. Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the...
2021.02.10 Motion for Relief from Waiver of Objections 372
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.10
Excerpt: ...ie Mirsky (collectively, “Defendants”) for damages arising from a motor vehicle accident. Plaintiff served Defendants with form interrogatories, request for admissions, and request for production of documents on or about 2/14/20. Timely responses were not served. On 6/7/20, Plaintiff advised Defendants that responses were past due, but Defendants allegedly did not receive the discovery requests. Plaintiff then mailed a CD containing the subje...
2021.02.09 Motion to Set Aside Default Judgment, to Dismiss 877
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.09
Excerpt: ... Inc. (“Inter Stone”) and Luigi Interlandi (“Luigi”) for injuries Plaintiff sustained when acetone ignited and exploded near Plaintiff. Plaintiff was in the scope of his employment with Defendants when the incident occurred. The incident allegedly occurred on 8/23/16, and Plaintiff filed the complaint on 5/2/17. On 5/15/17, Plaintiff filed Amendment to Complaints naming Marina Interlandi (“Marina”) (collectively, with Luigi, the “In...
2021.02.09 Motion for Summary Judgment 878
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.09
Excerpt: ...ity” or “Defendant”) demolished buildings and an eight-foot wall that was adjacent to Plaintiff's home. Plaintiff further alleges that since the structures were demolished, the vacant lot attracted homeless and transient individuals who set up camp in the lot; and that the individuals became a nuisance to Plaintiff and his family as well as other neighbors. Plaintiff claims that numerous complaints were filed with the City. On 12/11/17, Pla...
2021.02.09 Demurrer, Motion to Strike 022
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.09
Excerpt: ...ackground Plaintiff, Bella Rossal, a minor by and through her guardian ad litem, Jacqueline Garcia, filed this action against Defendants, City of Burbank and Burbank Unified School District (“BUSD”) for damages arising from a trip and fall on a playground. On 8/13/20, Plaintiff filed her First Amended Complaint (“FAC”) alleging causes of action for (1) negligence, (2) dangerous condition of public property, and (3) governmental liability ...
2021.02.08 Motion for Summary Judgment 658
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.08
Excerpt: ... Angeles (the “City”) and Love Baked Wings Melrose, LLC (“Love Baked”) for damages arising from Plaintiff's trip and fall on a public sidewalk on 8/23/18. On 5/28/19, Plaintiff filed an Amendment to Complaint naming Amzalag Investments, LLC (“Amzalag”) as Doe 1. On 11/17/20, Defendants Love Baked and Amzalag filed the instant joint motion for summary judgment. Plaintiff and the City each filed an opposition, and Love Baked and Amzalag...
2021.02.08 Motion for Summary Judgment 349
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.08
Excerpt: ...al Systems, Inc. (“IMS”) and Miguel Maravilla Amezcua (“Amezcua”) (collectively, “Defendants”), et al. for damages arising from a motor vehicle accident. At the time of the accident, Amezcua was employed by and was driving a work van as part of his employment with IMS. Defendants now move for summary judgment. 2. Motion for Summary Judgment a. Parties' Positions Defendants contend Plaintiff's claims against Defendants for negligence a...
2021.02.04 Motion for Summary Judgment 885
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.04
Excerpt: ... filed this action against Defendants Devadatt Mishal, M.D. (“Mishal”), Devadatt Mishal, M.D., Inc., and PIH Health Hospital-Downey (“PIH”) (collectively, “Defendants”) for medical negligence and loss of consortium. The complaint alleges that on 5/29/18, Plaintiff Terri Richard was a patient to Defendant Devadatt Mishal, M.D (“Mishal”) and was admitted to PIH Health Hospital-Downey (“PIH”) for surgical the management of menorr...
2021.02.04 Motion for Summary Judgment 046
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.04
Excerpt: ...s liability. The complaint alleges that on 10/31/18, Plaintiff decided the trim a portion of his trees that protruded onto Defendant's property, as Defendant previously requested Plaintiff to do so several times. Plaintiff began trimming the trees in Defendant's backyard at approximately 7:30 p.m., believing the backyard had sufficient lighting to do so. Plaintiff received permission from Defendant to trim the trees. There were two motion sensor ...
2021.02.04 Demurrer 970
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.04
Excerpt: ...Defendant”) for injuries Plaintiff sustained after tripping and falling on a sidewalk. The complaint alleges causes of action for (1) negligence and (2) premises liability against Defendant. The premises liability claim includes a count for negligence and dangerous condition of public property. Defendant now demurs to the complaint arguing the negligence cause of action fails as a matter of law because Defendant as a public entity cannot be sue...
2021.02.04 Demurrer 202
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.04
Excerpt: ...efendant”) for (1) medical malpractice and (2) battery. The complaint alleges that on 6/11/19, Plaintiff underwent surgery negligently performed by Defendant. Defendant now demurs to the second cause of action for battery arguing it fails to state sufficient facts to constitute a cause of action. 2. Demurrer a. Legal Standard A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regar...
2021.02.04 Petition to Compel Arbitration 720
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.04
Excerpt: ...”) filed this action against Defendants Kaiser Foundation Hospitals and Southern California Permanente Medical Group (“Defendants”) for medical negligence relating to a surgery performed on Plaintiff on or about 12/4/19. Defendants now move to compel arbitration ad stay the action. 2. Petition to Compel Arbitration a. Parties' Positions Defendants argue the subject claims are subject to binding arbitration pursuant to the provisions of the ...
2021.02.03 Motion for SLAPP 876
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.03
Excerpt: ...neys engaged in “abuse of their ‘Litigation Privilege'” (Complaint page 2:10-11.) At page 8:8-11, Plaintiff pleads that “All of these, and more, vicarious and egregious actions were done to an Elderly (going on 80 years old) male, in poor and declining health senior citizen and in a Related and Relevant case, the Sexual harassment, of a female senior citizen whom lives in a so-called ‘safe and secure' senior citizen retirement community...
2021.02.03 Demurrer, Motion to Strike 867
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.03
Excerpt: ...n against Defendant, Technion Contractors TCI, Inc. (“Technion”) and Does 1-50 for damages arising out of an incident that occurred while Plaintiff was performing demolition work at an elementary school. On 10/27/20, Plaintiff filed an Amendment to Complaint naming Suttles Plumbing, Inc. (“Suttles”) as Doe 1. The complaint alleges that the gas system at the elementary school created a concealed dangerous condition that would explode like ...
2021.02.03 Demurrer, Motion to Strike 507
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.03
Excerpt: ...closure); (b) knowledge of falsity (or ‘scienter'); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage.' [Citations.]” (Lazar v. Superior Court (1996) 12 Cal.4th 631, 638.) “Fraud may be pled specifically and general and conclusory allegations do not suffice. (Id. at p. 645.) To survive demurrer, plaintiff must plead facts that “show how, when, where, to whom, and by what means the represen...
2021.02.03 Motion for Summary Judgment 603
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.03
Excerpt: ...fendant”) for professional negligence arising out of Defendant's care and treatment of Plaintiff. As an initial point, the court notes that while the moving papers reference a separate statement, no separate statement was filed with the summary judgment motion. Although the failure to submit a separate statement “may in the court's discretion constitute a sufficient ground for denying the motion,” (CCP § 437c(b)), because the moving papers...
2021.02.03 Motion to Compel Further Responses 445
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.03
Excerpt: ...ted therewith. That information may be subject to supplementation does not excuse a party from providing a complete and straightforward response. No. 8.8 – GRANT as to (b), (d). That information may be subject to supplementation does not excuse a party from providing a complete and straightforward response. No. 50.1 – GRANT. The response is non-responsive. No. 50.2 – GRANT. The response is non-responsive. Sanctions are awarded in the amount...
2021.02.03 Motion to Seal Docs, Demurrer
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.03
Excerpt: ...h Hospital; (3) Prime Healthcare La Palma, LLC dba La Palma Intercommunity Hospital; and (4) and Prime Healthcare Anaheim, LLC dba West Anaheim Medical Center [collectively “plaintiffs” or “Prime Hospitals”]. Named defendants are: (1) Orange County Health Authority dba CalOptima; (2) CalOptima Community Network; (3) Varis, LLC; (4) Altamed Health Services; (5) Amvi Care Health Network; (6) Arta Western Health Network; (7) Family Choice He...
2021.02.03 Motion to Strike 321
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.03
Excerpt: ...t”) and Lyft, Inc. (“Lyft”) for damages arising from a motor vehicle accident. On 11/4/20, Plaintiff filed his First Amend Complaint (“FAC”) alleging causes of action for (1) negligence and (2) negligent hiring, training, and supervision. The FAC alleges Drust was employed as a rideshare by Lyft, and that Plaintiff was a passenger in Drust's vehicle when the accident occurred. The FAC includes a prayer for punitive damages with the seco...
2021.02.02 Motion to Compel Further Responses 871
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.02
Excerpt: ...ail Bursalioglu, and Torus Bursalioglu (collectively, “Plaintiffs”) filed this action against Defendants Process Cellular Inc. dba Procell (“Process”) and Harry Ayvazian for negligence and premises liability. Plaintiffs allege Process was working on the roof of the apartment where Plaintiffs reside and damaged the roof, so that when it rained, water leaked into Plaintiffs' apartment and caused Plaintiffs to slip and fall on the water. On ...
2021.02.01 Petition for Relief from Failure to File Timely Claim 673
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.01
Excerpt: ...nty”) on 7/29/20 for damages arising from a motor vehicle collision. Plaintiff alleges a police officer directing traffic wrongfully directed Plaintiff into the intersection and caused the accident. On 8/28/20, Plaintiff filed a Request for Dismissal dismissing the County. On 10/27/20, Plaintiff filed the instant Petition for Relief from Government Claim Filing Requirements for an order relieving Plaintiff from the claim filing requirements of ...
2021.02.01 Motions for Protective Orders 184
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.01
Excerpt: ...n against Defendants Robert Michel Clarke (“Clarke”) and Nubia Delgadillo for damages arising from a motor vehicle accident. Defendant Clarke provides that on 4/30/20, Plaintiffs propounded form interrogatories, set four, special interrogatories, set three, request for production of documents (“RPDs”), set three, and request for admissions (“RFAs”), set four. Defendant, at this time, moves for a protective order as to each. The subjec...
2021.02.01 Motion for Protective Order 415
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.01
Excerpt: ...a slip and fall on Defendant's property. The complaint alleges claims for premises liability and general negligence. On 6/3/20, Plaintiff served Defendant with special interrogatories, set one, which included 92 special interrogatories. Defendant contends many of the interrogatories are duplicative of form interrogatories already propounded by Plaintiff, and Plaintiff's intent in serving the special interrogatories is solely to annoy and harass P...
2021.02.01 Demurrer 633
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.02.01
Excerpt: ... District (“Defendant”) for (1) dangerous condition on public property and (2) res ipsa loquitur and general negligence. Plaintiff alleges Defendant's employee improperly secured or placed a defective mullion in a doorway, and Plaintiff was a student walking to class when the mullion fell on her head. Defendant now demurs to the complaint arguing the second cause of action for res ipsa loquitur and general negligence fails to state a claim ag...
2021.01.29 Motion to Compel Deposition Answers 441
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.29
Excerpt: ...s (“Sydell”) for premises liability and negligent hiring, supervision and retention. On 1/15/19, Plaintiff filed an Amendment to Complaint naming RECP Sydell Wilshire, LLC as Doe 1 (“RECP”) (collectively with Sydell, “Defendants”). Plaintiff alleges he was a business invitee at Defendant's lobby bar and after getting into an altercation with bar patrons, Defendant's security ejected Plaintiff and the other bar patrons outside, where P...
2021.01.29 Application for Good Faith Determination of Settlement 207
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.29
Excerpt: ...r damages arising from a multi-vehicle accident. On 9/27/18, Plaintiff filed her First Amended Complaint naming Victor Manuel Figueroa (“Figueroa”) as a defendant. On 8/3/20, Defendant Arias filed a Notice of Settlement providing Arias entered into a settlement with Plaintiff. Defendant further filed an Application for Determination of Good Faith Settlement providing Arias settled with Plaintiff for the amount of $16,350.00, of $13,000 is to ...
2021.01.28 Motion to Strike 485
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.28
Excerpt: ...ages arising from a motor vehicle accident. The complaint alleges a cause of action for motor vehicle negligence and includes a prayer for punitive damages. Defendant now moves to strike the punitive damages. Defendant contends the complaint does not contain sufficient allegations to support a prayer for punitive damages. Defendant avers allegations of driving under the influence alone do not support a claim for punitive damages. In opposition, P...
2021.01.28 Motion to Compel Physical Examination, to Compel Neuropsychological Exam 523
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.28
Excerpt: ...tiffs, Kimberly Nicole Novak (“Novak”) and Aaron Benjamin Wolf (“Wolf”) (collectively, “Plaintiffs”) filed this action against Defendant, Lajwanti Choudhury (“Choudhury”) for damages arising out of an automobile accident. This matter has been consolidated with Case No. 19STCV20129 against Defendant Melinda Isagholi (“Isagholi”) for damages arising out of a subsequent accident. Defendant, at this time, moves to compel a neurops...
2021.01.28 Motion to Compel Further Responses 840
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.28
Excerpt: ...021 1. Background Plaintiff, Farhad Nazarian (“Plaintiff”) filed this action against Defendants Johari Mohsen, Fernando Lucas Garcia, and American Pacific Forwarders, Inc. (“American Pacific”) for damages arising out of a multiple motor-vehicle collision. On 8/14/20, Defendant American Pacific filed motions to compel further responses to form interrogatories and request for production of documents (“RPDs”) against Plaintiff. On 11/3/2...
2021.01.28 Motion for Summary Adjudication, to Close Discovery 536
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.28
Excerpt: ...action against Defendants, Robert De La Cruz and ABC Resources, Inc. for damages arising out of a motorcycle v. truck accident. Plaintiff has subsequently added numerous Doe defendants in the action. The basic facts relating to the motion are not in dispute. Plaintiff was riding his motorcycle during morning rush hour and was “sharing a lane” with a large truck driven by Robert De La Cruz (“De La Cruz”), in his capacity as an employee of ...
2021.01.27 Motion to Compel Deposition, Further Responses 591
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.27
Excerpt: ... RESPONSES TO SUPPLEMENTAL INTERROGATORIES; (4) ORDER TAKING MOTIONS TO COMPEL RESPONSES TO FORM INTERROGATORIES, TO DEEM ADMISSIONS ADMITTED AND TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS OFF-CALENDAR Dept. 31 8:30 a.m. January 27, 2021 1. Background Plaintiff, Owoimaha Umoh (“Plaintiff”) filed this action against Defendant, Ofir Alon Faktor (“Defendant”) for damages arising from a motor vehicle accident. Defendan...
2021.01.26 Demurrer 103
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.26
Excerpt: ...ras (“Sierras”) and Lyft, Inc. (“Lyft”) for negligence and intentional tort. Defendant Lyft now demurs to the complaint arguing the complaint fails to state sufficient facts to constitute a cause of action against it. Lyft argues the complaint contains merely conclusory allegations and is devoid of facts pertaining to Lyft. In opposition, Plaintiff argues the complaint contains sufficient factual allegations to put Defendants on notice of...
2021.01.25 Motion for Summary Judgment 870
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.25
Excerpt: ...n”) for premises liability. Defendant SKT Melrose, LLC now moves for summary judgment. The following facts are undisputed: Plaintiff's action arises from her fall through a rooftop skylight on 3/3/20 located at Defendant's property, at which Plaintiff is a tenant. (UMF 1, 11.) The skylight collapsed because it could not support Plaintiff's body weight. (UMF 3.) Plaintiff was not employed to perform repairs to the roof of the property. (UMF 4.) ...
2021.01.22 Motion to Quash Deposition Subpoena 426
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.22
Excerpt: ...pez Verduzco (collectively, “Plaintiffs”) filed this action against Defendants, Rafael Rodriguez Zavalza (“Zavalza”) and NASA Services, Inc. (“NASA”) for damages arising from a motor vehicle accident. On 11/23/20, Plaintiffs served a subpoena on Lemus Medical Center (“Lemus”) requesting medical records pertaining to Defendant Zavalza. Defendants move to quash the subject subpoena. 2. Motion to Quash a. Parties' Positions Plaintiff...
2021.01.22 Motion for Additional IME 172
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.22
Excerpt: ...nk Sarnoski (“Dann Frank”) and Helen Sarnoski (“Helen”) (collectively, “Defendants”) for damages arising out of an automobile accident. 2. Motion to Allow Additional IME a. Parties' Positions Defendants, at this time, move for leave to conduct an additional independent medical examination (“IME”) of Plaintiff. In particular, Defendants seek a neurological examination of Plaintiff to evaluate Plaintiff's claims for injuries of trau...
2021.01.22 Demurrer, Motion to Strike 020
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.22
Excerpt: ... action against Defendants, Lourdes Trigueros and Erick Trigueros, sued as John Doe, (collectively, “Defendants”) for damages arising from a motor vehicle accident. On 11/24/20, Plaintiff filed her First Amended Complaint (“FAC”) with purported causes of action for (1) motor vehicle negligence, (2) Violation of Vehicle Code § 23123-Cell Phone Use While Driving, (3) Violation of Vehicle Code section 20001(a)-Misdemeanor Hit and Run, and (...
2021.01.21 Motion for Summary Judgment 322
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.21
Excerpt: ...tric Cohen, D.D.S. (“Defendant”) for medical/dental malpractice. Plaintiff alleges Defendant negligently performed a dental implant procedure on Plaintiff. (Compl. ¿ 15.) The harm allegedly manifested itself at the end of 2016, when the implants fell out. (Ibid.) After obtaining a CT scan of the work performed by Defendant on or about 1/19/18, Plaintiff presented it for review to another dental surgeon who advised Plaintiff the implants were...
2021.01.21 Motion for Judgment 913
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.21
Excerpt: ... Plaintiff's slip and fall on the defendants' premises. On 6/7/16, Plaintiff filed an Amendment to Complaint naming Roxsan Optimus, LLC (Roxsan”) as Doe 1, and 7/19/17, filed an Amendment to Complaint naming United Valet Parking, Inc. (“United Valet”) as Doe 2. Thereafter, on 11/16/18, Plaintiff filed a Notice of Settlement of Entire Case providing the parties entered into a conditional settlement, and a request for dismissal would be filed...
2021.01.21 Demurrer, Motion to Strike 581
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.21
Excerpt: ... Jacqueline Brice (“Jacqueline”), and Natalie Brice (“Natalie”) filed this action against Defendant, Brian Hensel for injuries arising from a motor vehicle accident. On 11/10/20, Plaintiffs filed their First Amended Complaint (“FAC”) alleging causes of action for (1) negligence, (2) bystander emotional distress, and (3) intentional infliction of emotional distress, and (4) loss of consortium. Defendant now demurs to the FAC arguing th...
2021.01.19 Motion to Dismiss Complaint 310
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.19
Excerpt: ...s (“Plaintiff”) filed this action against Defendants, Jose Mercado and West Central Produce, Inc. (collectively, “Defendants”) for damages arising from a motor vehicle accident. On 1/28/20, Defendants filed motions to compel responses to form interrogatories, special interrogatories, and request for production of documents with the noticed hearing date set for 3/25/20. However, Based on current conditions, including, but not limited to, t...
2021.01.19 Motion to Contest Determination of Good Faith Settlement 401
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.19
Excerpt: ...isa Spiegel (“Spiegel”) and Eunice Miduk Park (“Park”) for damages arising from two motor vehicle accidents that occurred one day apart. The complaint alleges Defendant Spiegel is liable for the first accident that occurred on 5/10/18. Park is allegedly liable for the second accident that occurred on 6/28/18. On 10/5/20, Park filed an Application for Good Faith Settlement providing Park and Plaintiff agreed to settle the matter whereby Pl...
2021.01.19 Motion for Summary Adjudication 043
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.19
Excerpt: ...) and Caterina Michela Lamazza (“Lamazza”) (collectively, “Defendants”) for damages arising from a motor-vehicle accident. Defendant answered on 7/20/20, and then filed a First Amended Answer (“FAA”) on 8/3/20 asserting a general denial and nine affirmative defenses. Plaintiff now moves for summary adjudication as to each of Defendant's nine affirmative defenses. 2. Motion for Summary Adjudication a. Parties' Positions Plaintiff conte...
2021.01.15 Motion for Summary Judgment 499
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.15
Excerpt: ...eph Medical Center, Philippe Quilici, M.D. (“Quilici”), Anika Yousefian, M.D. (“Yousefian”), and Healthcare Partners Affiliates Medical Group (erroneously named and served herein as HealthCare Partners, a Davida Medical Group) (“Healthcare Partners”) for medical malpractice. Plaintiff alleges Defendants misdiagnosed him with stage IV colon cancer, which ultimately led Plaintiff to be referred to hospice care by Yousefian of Healthcare...
2021.01.15 Motion for Summary Judgment 855
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.15
Excerpt: ...nts, Hollywood Presbyterian Medical Center, Renaissance Imaging Medical Associates, Inc., Sassan Davoudi, M.D., and Tomer Roth, M.D. for damages arising out of failure to diagnose. On 2/14/20, Plaintiffs filed their First Amended Complaint alleging Eduardo Leiva presented to Defendants in 2012, at which time they failed to diagnose thyroid cancer and instead discharged him with a diagnosis of bronchitis. Plaintiff alleges he did not learn he had ...
2021.01.15 Motion to Quash Service of Summons 953
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.15
Excerpt: ...ant Get-Thin Treatments, Inc. (“Get-Thin”) and Does 1 to 40 for negligence and products liability. The complaint alleges Get-Thin operates a holistic weight loss and beauty spa, and that on 9/5/17, Get-Thin took Plaintiff into an examination room and instructed him to sit on a massage table. When Plaintiff attempted to get off the table it flipped and threw Plaintiff to the floor. On 1/15/19, Plaintiff filed an Amendment to Complaint naming F...
2021.01.14 Motion for Judgment on the Pleadings 198
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.14
Excerpt: ...t Defendants Majestic Realty Company, Pacific Palms Resort, and City of Industry for negligence and premises liability. The complaint alleges that Defendants failed to repair and maintain the fence at 1 Industry Hills Parkway, City of Industry, California 91744 (the “Property”), which resulted in the iron fence collapsing upon Marcelino Osorio (“Osorio”), who was working in the course and scope of his employer at the time. Osorio's employ...
2021.01.13 Motion to Strike 928
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.13
Excerpt: ...ares (“Defendant”) for damages arising from a motor vehicle accident. The complaint includes a prayer for punitive damages. Defendant now moves to strike the punitive damages. Plaintiff opposes the motion. 2. Motion to Strike a. Parties' Positions Defendant contends the complaint is devoid of any facts showing Defendant is guilty of malice, oppression or fraud. Defendant contends the complaint is vague, and while it alleges Defendant drove un...
2021.01.13 Motion to Set Aside Dismissal 153
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.13
Excerpt: ...endant Elen Batoyan (“Defendant”) for damages arising from a motor vehicle accident. A Final Status Conference (“FSC”) was set in this matter for 2/5/20, but after Plaintiffs failed to appear, the FSC was continued to 2/13/20. Defendants filed and served notice of the continued FSC date on Plaintiffs, who were in pro per at the time, on 2/6/20. Plaintiffs again failed to appear and the FSC was taken off-calendar; trial remained set for 2/...
2021.01.13 Motion to Compel Compliance with Subpoena 081
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.13
Excerpt: ...ntiffs”) filed this action against Defendants, Carlos Ramos, Irma Ramos, Bingzhou Zhao, and Zhe Qi for damages arising out of a four-car accident. On 9/14/20, Defendants Carlos and Irma Ramos (collectively, the “Ramos”) served subpoenas for Wells's medical records to SCPMG/Kaiser Foundation Hospital and Kaiser Permanente- Special Recovery Unit (collectively, “Kaiser”). The Ramos assert the subpoenas were limited to the body parts for wh...
2021.01.13 Motion for Summary Judgment 188
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.13
Excerpt: ...Porter, and Albaro Correa (“Correa”) for damages arising out of a four-automobile accident. The parties have cross-complaints pending among themselves as well as the main complaint. On 3/11/20, Correa filed a summary judgment motion directed at Plaintiff's complaint, and on 3/12/20, Correa filed a summary judgment motion directed at the co-defendants Miguel Carillo, Jr.'s and Sarah Porter's (collectively, “Cross- Complainants”) cross-comp...
2021.01.13 Demurrer 792
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.13
Excerpt: ...tion against Defendant, Los Angeles County Metropolitan Transportation Authority (“Defendant”) for injuries Plaintiff sustained while a passenger on Defendant's bus. On 11/9/20, Plaintiff filed her First Amended Complaint (“FAC”) alleging causes of action for (1) liability for the wrongful actions and omissions of public employees, and (2) liability for duties and responsibilities as a common carrier under Government Code §§ 815.2 and 8...
2021.01.12 Motion to Reopen Discovery 504
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.12
Excerpt: ...ndant”), et al. for damages related to the alleged explosion of an e-cigarette. The matter was originally set for trial on 2/18/20, but pursuant to a stipulation the trial date was continued to 4/14/20. (Stipulation filed 12/9/19.) The parties then stipulated to continue this date to 6/2/20. (Stipulation filed 3/20/20.) Pursuant to both stipulations, the parties agreed discovery and motion cut-off dates would not be based on the new trial date....
2021.01.12 Demurrer 468
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.12
Excerpt: ...ver City, Laurent Café, LLC and Daniel Danison (“Danison”) for injuries related to Plaintiff's alleged trip and fall on a raised portion of a utility box. Plaintiff allege Defendants negligently owned, maintained, managed, and controlled the subject premises where the condition existed. On 7/14/20, Plaintiff filed an Amendment to Complaint naming Estate of Daniel Danison (the “Estate”) as Doe 1. The Estate, through its administrator, now...
2021.01.12 Application for Good Faith Determination of Settlement 510
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.12
Excerpt: ...) filed this action against Defendants, Joel Willis Porter (“Porter”), Bernice Ruvalcaba (“Ruvalcaba”), Xifei Wu (“Wu”), erroneously sued as Xifei Nu, for damages arising from a motor vehicle accident. Plaintiffs and Porter have entered into a settlement agreement, and Porter has filed an Application for Good Faith Determination pursuant to CCP § 877.6(a)(2). Ruvalcaba now moves to Contest Good Faith Settlement. Wu has filed a joinde...
2021.01.11 Motion for Summary Judgment 702
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.11
Excerpt: ... (“Marilou”) filed this action against Defendants, Air Liquide Advanced Materials, Inc., et al. for (1) premises liability, (2) strict products liability- design defect, (3) strict products liability- manufacturing defect, (4) strict products liability- failure to warn, (5) products liability- negligence, (6) breach of express warranty, (7) breach of implied warranty, and (8) loss of consortium. Plaintiff Nomer was allegedly injured at his wo...

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