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2021.01.11 Demurrer, Motion to Strike 640
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.11
Excerpt: ...Family Trust, Sandeep Zaveri Trustee, G.G. Painting Co. (“G.G. Painting”), Seung Moo Han (“Han”), and Myong Nok Lee (“Lee”) for premises liability and negligence. The complaint alleges, “Defendant and each of them so carelessly recklessly negligently and unlawfully owned, operated, managed, maintained, cleaned, built, designed, inspected and repaired the premises located at 1241 W. 19th Street Long Beach, California, so as to create...
2021.01.11 Demurrer 585
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.11
Excerpt: ...al and as co-trustee of the Coria Family Trust, dated April 28, 2018 (the “Trust”); and Jose S. Coria (“Jose”) (collectively, “Defendants”), as an individual and as co-trustee of the Trust for damages arising from a motor vehicle vs. pedestrian accident. The complaint alleges claims of negligence and negligence per se against Defendants. Defendants now demur to the complaint arguing it fails to plead any facts or liability against the...
2021.01.08 Motions to Quash Subpoenas for Medical Records 360
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.08
Excerpt: ... Ryan Maltzman (“Maltzman”) for injuries arising out of a motorcycle vs. automobile accident. On 1/24/20, Maltzman served subpoenas on Cedars-Sinai Medical Center (“Cedars”), the Department of Health Care Services (“DHCS”), and Mohammed Rezvani, M.D. (“Dr. Rezvani”) requesting Plaintiff's medical records. Plaintiff now moves to quash the subject subpoenas. The moving, opposition and reply papers for each motion are largely identic...
2021.01.08 Motion to Strike 257
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.08
Excerpt: ...ascencia (erroneously sued as Kemberley Michelle Plascencia) (“Defendant”) for damages arising from a motor vehicle accident. The complaint includes an exemplary damages attachment and alleges Defendant willfully and knowingly consumed great quantities of alcoholic beverages before driving her vehicle and causing the accident with Plaintiff. Defendant now moves to strike the punitive damages. 2. Motion to Strike a. Moving Argument Defendant c...
2021.01.08 Motion for Summary Judgment 357
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.08
Excerpt: ...), Socorro Cobarruvias, alleged in his first amended complaint that in or about September 2015, he was sexually assaulted at Los Angeles Unified School District's (“LAUSD”) 232nd Place Elementary School while attending defendant Harbor Area Gang Alternative Program's (“Defendant” or “HAGAP”) after-school program. Plaintiff alleges he was sexually assaulted by two boys in the LAUSD bathroom, and that the after-school program supervisor...
2021.01.07 Motion for Summary Adjudication 021
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.07
Excerpt: ...dants”) for damages arising out of a motor vehicle accident. Defendants now move for summary adjudication of Plaintiff's bodily injury claims. Defendants asserted affirmative defenses in their Second Amended Answer filed on 7/23/20. (Stip. to Amend Answer filed 7/23/20.) 2. Motion for Summary Adjudication a. Parties' Positions Defendants contend that after the subject accident, Plaintiff entered into an oral settlement agreement with Defendants...
2021.01.07 Motion for Reconsideration 343
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.07
Excerpt: ...ant”) for damages arising from a motor vehicle accident. Defendant previously filed motions to compel responses to form interrogatories, special interrogatories, and request for production of documents against Plaintiff. On 12/7/20, the court granted Defendant's unopposed motions and ordered Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Plaintiff now moves for reconsideration of the court's 12/7/20...
2021.01.05 Motion to Vacate Defaults 297
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.05
Excerpt: ...una Salvador (“Salvador”) and Joseph E. Sperling, Jr. (“Sperling”) (collectively, “Defendants”) on 9/11/19, for damages arising from a motor vehicle accident. On 11/19/19, Plaintiff filed proofs of service of summons and showing Salvador was personally served on 10/1/19, and Sperling was served by substituted service on 10/24/19, by leaving copies of the summons and complaint with Salvador. On 11/20/19, Plaintiff obtained Salvador's d...
2021.01.05 Motion to Set Aside Default Judgment, to Dismiss 877
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.05
Excerpt: ...nc. (“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 “Inte...
2021.01.05 Motion for Summary Adjudication 503
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.05
Excerpt: ...nts, Federal Express Corporation and Enrico Arenas (“Defendants”) for damages arising from a motor vehicle accident. Plaintiff alleges that Defendants negligently caused the subject collision. It is undisputed that on the date of the accident, Plaintiff did not have insurance coverage for his vehicle involved in the collision. Thus, Plaintiff's vehicle was not insured as required by the financial responsibility laws of the state of California...
2021.01.05 Motion for Sanctions 703
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.05
Excerpt: ...is action against Defendant, Benny's Tacos & Rotisserie/Santa Monica, LLC (“Defendant”) for damages arising from a slip and fall at Benny's premises on 1/22/17. The complaint alleges Defendant negligently maintained its property so as to cause Plaintiff to fall on its slippery front concrete porch on a rainy day. Plaintiff, at this time, moves for sanctions against Defendant for spoliation of evidence based on Defendant's alleged failure to p...
2021.01.04 Motion for Leave to Intervene 398
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.04
Excerpt: ... LT, and Flavio Sauceda Duran (“Duran”), et al. for damages arising out of an automobile accident. At this time, United Financial Casualty Company (“United”) moves for leave to intervene in the case, contending its insured, Duran, cannot be located. 2. Evidentiary Objections Plaintiff, in opposition, filed four objections to the declaration of Tseng attached to the motion. Objections 1-4 are overruled as the declarant asserts personal kno...
2021.01.04 Demurrer 667
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.04
Excerpt: ...vely, “Plaintiffs”) filed this action against Defendants, William J. Ciccotti and Quanta Utility Engineering Services Inc. for damages arising from a motor vehicle accident. The complaint alleges causes of action for motor vehicle and general negligence. On 11/18/20, Defendant Quanta Utility Engineering Services Inc. (“Quanta”) filed its answer to the complaint, which contains a general denial and 15 affirmative defenses. Plaintiffs now d...
2021.01.04 Motion for Leave to File Complaint 606
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.04
Excerpt: ...Plaintiffs”) filed this action against Defendants Christina Washington (“Washington”), Enterprise Rent A Car (“Enterprise”), and EAN Holdings, Inc. for damages arising from a motor vehicle accident. At this time, Defendants Washington and Enterprise (collectively, “Defendants”) seek to file a cross-complaint against Plaintiff Mejia for equitable indemnity, contribution and declaratory relief. 2. Motion for Leave to File Cross-Compla...
2021.01.04 Motion to Vacate Default 385
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.04
Excerpt: ...of an automobile accident. Plaintiff filed the complaint on 6/4/19. On 5/7/20, Plaintiff filed proof of service of the summons and complaint showing Defendant was served by substituted service on 3/12/20. On 5/11/20, Plaintiff obtained Defendant's default. 2. Motion to Set Aside Default Defendant now moves to set aside the default arguing it was the result of mistake, inadvertence surprise or the neglect of Defendant's counsel. Defendant provides...
2021.01.04 Motion for Leave to Intervene 661
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.04
Excerpt: ...”) and EAN Holdings LLC for damages arising out of an automobile accident. At this time, Empire Fire and Marine Insurance Company (“Empire”) moves for leave to intervene in the case, contending there is significant evidence that its insured, Dardov, worked in collaboration with Plaintiff to orchestrate the subject accident with fraudulent intent. Empire argues that recently obtained evidence supports its position that the accident was stage...
2021.01.04 Motion for Summary Judgment 700
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.04
Excerpt: ...ainst Defendants O.H. Casey, Universal Waste Systems, Inc. and Petro Diamond Inc. alleging causes of action for premises liability, negligence and loss of consortium. The complaint alleges that Plaintiff John was on a job site located at Petro Diamond' Inc.'s (“PDI”) premises, and while there he used a portable toilet owned by O.H. Casey. Plaintiffs allege the toilet was negligently placed directly on a curbside where a user of the toilet cou...
2021.01.04 Motion to Compel Responses and Deem Admitted 021
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.04
Excerpt: ...nt”), et al. for premises liability and negligence on 2/07/18. Plaintiff filed the instant motions to compel responses to form interrogatories, set one, special interrogatories, set one, and request for production of documents, set one, and to deem request for admissions, set one, admitted on 4/14/20. On 4/24/20, the court set the hearing for Plaintiff's motion to compel responses to request for production of documents and motion to compel resp...
2021.01.04 Motion to Continue Trial Date 436
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2021.01.04
Excerpt: ...nder Altoma (“Altoma”) for damages arising from a motor vehicle accident. Plaintiff filed the complaint on 7/30/19. Lyft filed is answer on 10/21/19, and Altoma filed his answer on 11/27/19. Defendant Lyft now moves to continue the current trial date of 1/26/21 to 10/18/21. Altoma filed a Notice of Joinder to the motion, and Plaintiff opposes the motion. Although continuances of trials are disfavored, each request for a continuance must be co...
2020.12.29 Motion for Terminating Sanctions 016
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.29
Excerpt: ...uez (“Rodriguez”) and Cynthia Caldera (“Caldera”) for damages arising from a three-vehicle accident. On 10/1/18, Caldera filed a cross-complaint against Rodriguez for indemnification and apportionment of fault. On 4/22/19, Rodriguez filed a cross-complaint against Caldera. Caldera, at this time, moves for terminating sanctions against Plaintiff, or alternatively, evidentiary and monetary sanctions. Caldera moves for terminating sanctions ...
2020.12.29 Motion for Summary Judgment 580
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.29
Excerpt: ...nt”) for injuries arising from Plaintiff's fall on a public sidewalk while riding his skateboard. The complaint alleges that Plaintiff was riding his skateboard on the sidewalk when he was thrown off the skateboard because of the dangerous condition of an uneven sidewalk that was obstructed by a shadow from a large tree. The complaint alleges a cause of action for premises liability with counts of (1) negligence, (2) willful failure to warn, an...
2020.12.29 Demurrer 285
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.29
Excerpt: ..., Leah Ellen Sherman (“Defendant”) for damages arising from a motorcycle vs. automobile accident. The complaint alleges a single cause of action for negligence against Defendant. On 11/2/20, Defendant filed an answer to the complaint. Defendant's answer asserts a general denial and 10 affirmative defenses. Plaintiff now demurs to Defendant's answer arguing that Defendant fails to allege any facts to support the defenses. In opposition, Defend...
2020.12.28 Demurrer 338
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.28
Excerpt: ...is action against Defendant, Hacienda La Puente Unified School District (“HLPUSD”) and Does 1-100 for injuries minor Plaintiff sustained when his forehead made contact with a protruding metal screw. The complaint contains a single cause of action for negligence pursuant to Government Code § 835. On 11/17/20, Plaintiff filed an Amendment to Complaint naming Hyytinen Engineering, Inc. (“Hyytinen”) as Doe 4. Hyytinen now demurs to the compl...
2020.12.28 Motion to Compel Further Responses 572
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.28
Excerpt: ...ndant”) for damages arising from a motor vehicle accident. On 5/29/20, Plaintiff filed this motion to compel further responses to demand for production of documents, set two. The parties participated in an Informal Discovery Conference on 12/22/20; however, the issues were not resolved. (Min. Order 12/22/20.) Plaintiff now moves to compel further responses to his request for production of documents (“RPDs”), set two, No. 20, which demands "...
2020.12.28 Motion to Deem Genuiness of Docs, to Compel Further Responses 123
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.28
Excerpt: ...Tamisha Vaughner (“Plaintiff”) filed this action against Defendant Forest Park Village Homeowners Association, Inc. (“Defendant”) for damages arising from an automobile accident. On 6/30/20, Defendant filed the instant motion to deem the genuineness of the documents in request for admissions (“RFAs”), set one, admitted, and the motion to compel further responses to RFAs, set one, Nos. 2 and 3. The RFAs request: PLAINTIFF TAMINSHA VAUG...
2020.12.28 Motions to Deem Request for Admissions Admitted 583
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.28
Excerpt: ...t one, on Defendant Fereidoun Shafaghi (“Shafaghi”), and RFAs, set one, on Defendant Nika Limousine Service, LLC (“Nika Limousine”) on 11/6/19. Plaintiff provides that as of filing the motion, neither Defendant Shafaghi or Nika Limousine has served responses. Plaintiff therefore seeks an order deeming the RFAs admitted against each Defendant. On 12/14/20, Shafaghi and Nika Limousine (collectively, “Defendants”) each filed an oppositio...
2020.12.24 Motion to Vacate Dismissal 239
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.24
Excerpt: ...omobile accident. Plaintiffs filed the action on 11/03/17. They filed proof of service of the summons and complaint on Defendant on 12/01/17. They filed proof of service of their statements of damages on Defendant on 10/15/19. On 10/16/19, the Clerk entered Defendant's default. On 11/21/19, the court set an Order to Show Cause Re: Dismissal for Failure to Enter Default Judgment (“OSC”), which was ultimately continued to 11/02/20. (Notice of C...
2020.12.23 Motion to Strike Punitive Damages 766
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.23
Excerpt: ...ourian (“Defendant”) for damages arising from a dog bite incident. The complaint alleges causes of action for (1) strict liability and (2) negligence. The complaint alleges that when Plaintiff was walking her dog, Defendant's dog attacked and bit Plaintiff and Plaintiff's, which caused the death of Plaintiff's dog and caused Plaintiff serious injury. The complaint includes a prayer for punitive damages. Defendant, at this time, moves to strik...
2020.12.23 Motion for Summary Judgment 137
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.23
Excerpt: ...ty of Los Angeles (the ”City”) for damages arising out of Plaintiff's fall on a sidewalk. On 4/18/19, Plaintiff filed an Amendment to Complaint naming Anaheim Gardens Housing, LLC (“Anaheim Gardens”) as Doe 1. The complaint alleges Plaintiff tripped on a protruding piece of concrete from the sidewalk, which caused Plaintiff to fall and suffer injury. (Compl. ¿ 12.) Anaheim Gardens now moves for summary judgment Plaintiff. 2. Motion for S...
2020.12.23 Demurrer 875
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.23
Excerpt: ...�Tito”), Leticia Ayala (“Leticia”), and Mercury Insurance Group, Inc. (“Mercury”) for damages arising from a motor-vehicle accident. The complaint alleges causes of action for motor vehicle and general negligence. The complaint alleges Tito negligently collided with Plaintiff's vehicle. Mercury now demurs to the complaint. Concerning Mercury, the complaint alleges, “[Mercury] are liable to [Plaintiff] because they hold an insurance po...
2020.12.22 Motions to Quash Subpoenas for Medical Records 360
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.22
Excerpt: ...altzman served subpoenas on Cedars-Sinai Medical Center (“Cedars”) and the Department of Health Care Services (“DHCS”) requesting Plaintiff's medical records. Plaintiff now moves to quash the subject subpoenas. 2. Motions to Quash Deposition Subpoenas Maltzman's deposition subpoena for production of business records served on Cedars demands: Any and all documents and medical records, and all writings, including, but not limited to, all of...
2020.12.22 Motion to Vacate Dismissal 551
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.22
Excerpt: ...automobile accident. Plaintiffs filed the complaint on 6/19/17. Defendant filed an answer on 7/20/18 and a cross-complaint against Geoff West on 11/08/18. West answered the cross-complaint and asserted his own cross-complaint against Imatomi on 12/28/18. In October of 2019, West and Imatomi each dismissed their cross-complaints, leaving only the main action pending. The case was scheduled for an FSC on 11/20/19 and trial on 12/02/19. No party app...
2020.12.22 Motion for Terminating Sanctions 283
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.22
Excerpt: ..., and Natali Lopez for damages arising from a motor vehicle accident. On 3/8/19, Defendant, Timm Reese (“Reese”) filed a cross-complaint against Nicholas Dominguez (“Dominguez “) and Natali Lopez (“Lopez”) arguing the subject accident was caused by them. Reese filed a motion to compel Dominguez's deposition on 4/1/20. On 8/13/20, the court granted the motion to compel Dominguez's deposition and Ordered Dominguez to make himself availa...
2020.12.22 Motion for Relief from Waiver of Discovery Objections 542
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.22
Excerpt: ...ainst Defendant, Los Angeles County Metropolitan Transportation Authority (“Defendant”) for injuries Plaintiff sustained when Plaintiff was riding Defendant's bus and a door closed on Plaintiff's right hand. Plaintiff served Defendant with Plaintiff's form interrogatories, special interrogatories, request for admissions (“RFAs”), and request for production of documents (“RPDs”), sets one, on 3/19/20. Defendant asserts it served respon...
2020.12.21 Motion for Monetary Sanctions 978
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.21
Excerpt: ...”), erroneously sued as Motel 6, for premises liability. Defendant propounded form interrogatories and requests for production of document on Plaintiff on 4/29/19. After Plaintiff failed to respond to the discovery, Defendant filed a motion to compel the relevant discovery, which the court granted on 12/19/19. The court ordered Plaintiff to respond to the discovery without objections and imposed monetary sanctions of $1,220 against Plaintiff. (...
2020.12.21 Motion for Summary Judgment 234
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.21
Excerpt: ...(“Lee”), erroneously sued and served as Andre Myong S. Lee, D.D.S., and Top West Tower Implant Center, Inc. for dental negligence. Plaintiff alleges Lee she underwent restorative care with Lee, consisting of dental implants and an implant supported bridge. Defendant Lee now move for summary judgment. 2. Motion a. Moving Argument Lee argues he is are entitled to summary judgment because their evidence establishes his treatment of Plaintiff was...
2020.12.21 Motion for Summary Judgment 753
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.21
Excerpt: ...filed this action against Defendant, Compton Unified School District (“CUSD”) for injuries related to a sexual assault while Plaintiff was a student at CUSD's school. On 1/28/19, Plaintiff filed her First Amended Complaint (“FAC”) adding Durham School Services, L.P. (“Durham”) as a defendant. The FAC alleges that in the summer of 2017, Plaintiff was a special needs student at CUSD's high school, and Plaintiff was transported to school...
2020.12.21 Motion to Compel Authorization for Release of Cell Phone Records 548
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.21
Excerpt: ...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 and impaled himself on his trimming hedges, which resulted in his dea...
2020.12.16 Motion for Leave to File Complaint 606
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.16
Excerpt: ...“Plaintiffs”) filed this action against Defendants Christina Washington (“Washington”), Enterprise Rent A Car (“Enterprise”), and EAN Holdings, Inc. for damages arising from a motor vehicle accident. At this time, Defendants Washington and Enterprise (collectively, “Defendants”) seek to file a cross-complaint against Plaintiff Mejia for equitable indemnity, contribution and declaratory relief. 2. Motion for Leave to File Cross-Com...
2020.12.15 Demurrer 839
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.15
Excerpt: ...aggravated assault and battery. The complaint alleges Plaintiff “was beaten by 4 security guards because [Plaintiff] refused to give up [her] hospital wristband.” (Compl. at p. 3.) Defendant Robert Allen (“Allen”) now demurs to the complaint arguing the first cause of action for assault and the second cause of action for battery fail to state sufficient facts to constitute a claim against Allen. Further, Allen asserts that none of the exh...
2020.12.14 Motion to Strike Punitive Damages 573
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.14
Excerpt: ... Stern (“Stern”) and Teresa Mullin-Larsen (“Larsen”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. The complaint alleges that Plaintiff's permissive use driver, Tony Frazier, was driving Plaintiff's vehicle when Stern, who was driving without a valid driver's license, crashed into the rear of Plaintiff's vehicle. The complaint alleges Larsen is the owner or bailee of the owner of the vehicle Stern was...
2020.12.11 Motion for Summary Judgment 616
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.11
Excerpt: ... Rubicon B Hacienda, LLC (“Rubicon”), Marriott International Inc. (“Marriot”), and Does 1 to 50 alleging causes of action for negligence and premises liability. The complaint alleges Plaintiff was injured while working on a construction project at Rubicon's premises. The basic undisputed facts are as follows: Rubicon is the owner of the property located at 525 North Sepulveda Blvd., El Segundo, CA 90245 (the “Premises”). (UMF 4.) On o...
2020.12.11 Demurrer 765
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.11
Excerpt: ...les, Los Angeles Department of Water and Power, and Encore Construction, LLC (“Encore”) for damages relating to Plaintiff's trip and fall on a sidewalk. The complaint alleges causes of action for (1) premises liability against all defendants and (2) negligence against Encore. Encore now demurs to the complaint arguing the complaint fails to state a cause of action against it because the complaint merely pleads Encore owns the premises at or n...
2020.12.11 Demurrer 297
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.11
Excerpt: ...ly, “Plaintiffs”) filed this action against Defendants, EPL Express, Inc, et al. for damages arising from a motor vehicle accident. The complaint alleges causes of action for motor vehicle negligence and loss of consortium. On 10/28/19, Plaintiffs filed an Amendment to Complaint naming Asendia USA, Inc. (“Asendia”) Doe 1. On 7/16/20, Defendants Asendia and Nick Bersaluce filed an answer to the complaint. Thereafter, on 7/28/20, Asendia fi...
2020.12.10 Motion to Transfer Action, Change Venue 595
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.10
Excerpt: ...action against Defendants, Luke Roofing, Inc. (“Luke Roofing”) and Guadalupe Jose Gutierrez (“Gutierrez”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. Defendants move for an order changing venue to Orange County Superior Court. 2. Motion to Change Venue a. Parties' Positions Defendants move to transfer venue to Orange County on the grounds that this is where the accident occurred, Gutierrez lives in ...
2020.12.10 Motion to Strike 257
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.10
Excerpt: ...lle Plascencia (erroneously sued as Kemberley Michelle Plascencia) (“Defendant”) for damages arising from a motor vehicle accident. The complaint includes an exemplary damages attachment and alleges Defendant willfully and knowingly consumed great quantities of alcoholic beverages before driving her vehicle and causing the accident with Plaintiff. Defendant now moves to strike the punitive damages. 2. Motion to Strike a. Moving Argument Defen...
2020.12.10 Demurrer 649
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.10
Excerpt: ...fornia Department of Transportation and City of Pasadena for damages arising from a trip and fall on a public sidewalk. On 7/23/18, Plaintiff filed the complaint with a single claim for negligence. Defendant City of Pasadena (the “City”) now demurs to the complaint arguing the City cannot be liable for a claim for general negligence as a matter of law. The City asserts it is a public entity, and thus, its alleged liability must be premised on...
2020.12.09 Demurrer 353
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.09
Excerpt: ...en S. Tehan (“Defendants”) for damages arising from a motor vehicle accident. On The complaint alleges claims for (1) motor vehicle, (2) general negligence, and (3) negligence per se. Defendants now demur to the complaint arguing the third cause of action arguing negligence per se is not a proper cause of action and is duplicative of the negligence claims. In opposition, Plaintiff asserts that Plaintiff has the right to plead negligence per s...
2020.12.09 Demurrer, Motion to Strike 602
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.09
Excerpt: ...Plaintiff”) filed this action against Defendant, Omid Khorshidi (“Defendant”) for damages relating to an alleged physical altercation between Plaintiff and Defendant that occurred at the Santa Monica Courthouse on 5/26/16. On 5/25/18, Plaintiff filed a complaint against Defendant asserting multiple claims against Defendant for the incident. Plaintiff then filed a first amended complaint on 5/19/20. On 6/22/20, Defendant filed a cross-compla...
2020.12.09 Motion for Entry of Judgment 990
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.09
Excerpt: ...arising from a motor vehicle accident. Defendant, at this time, moves to enforce a settlement agreement pursuant to CCP § 664.6. Defendant provides that on 10/14/19, Plaintiff's counsel sent a letter to Defendant's insurance carrier, Kemper Insurance (“Kemper”), with an offer to settle for Defendant's policy limit of $25,000. The demand was open for 30 days, and the letter stated that a declaration of no other insurance (“DNOI”) was requ...
2020.12.09 Motion to Quash Deposition Subpoena 645
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.09
Excerpt: ...rte”), Maravilla Utility Services for damages, and Meat Market (collectively, “Defendants”) for premises liability and negligence. Plaintiff alleges that he tripped and fell on a pothole as he was walking towards Defendants' store. Plaintiff, at this time, moves to quash Defendant Rodarte's deposition subpoenas served on Bimbo Bakeries USA, Inc. (“Bimbo”) seeking Plaintiff's employment records. 2. Analysis a. Parties' Positions Plaintif...
2020.12.09 Motion to Require Undertaking 172
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.09
Excerpt: ...Structural, Inc., et al. for damages arising from Plaintiff's fall from a balcony. Defendant Alpha Structural, Inc. (“Alpha”) now moves for an order requiring Plaintiff to file an undertaking in this action pursuant to CCP § 1030. Alpha asserts that Plaintiff has disclosed he is a resident of the state of South Carolina, and that there is a reasonable possibility it will obtain a judgment in its favor. 2. Motion to Require Plaintiff to File ...
2020.12.09 Motion to Strike 233
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.09
Excerpt: ...Sunset, LLC, erroneously sued as Saddle Ranch Holdings, LLC, (“Defendant”) for injuries Plaintiff sustained while eating an artichoke dip at Defendant's business. On 8/20/20, Plaintiff filed her operative First Amended Complaint (“FAC”) alleging a single cause of action for negligence. The FAC alleges that as Plaintiff ate the artichoke dip she ordered, she felt discomfort in her throat, and that when Plaintiff looked closely at the dip, ...
2020.12.08 Motion for Summary Judgment 188
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.08
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-com...
2020.12.08 Demurrer 868
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.08
Excerpt: ..., City of Redondo Beach (“Defendant”) for injuries Plaintiff sustained after tripping on a public sidewalk. On 3/13/20, Plaintiff filed the First Amended Complaint (“FAC”) alleging a claim for statutory liability for negligence of a public entity for injury caused by a dangerous condition pursuant to Government Code §§ 815.2, 820(a) and 835 and Civil Code § 1714. Defendants now demurs to the Government Code §§ 815.2 and 820 and Civil...
2020.12.08 Demurrer 781
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.08
Excerpt: ...ic (the “Animal Clinic”) and Wagdi Estafanous (collectively, “Defendants”) for injuries Plaintiff sustained when she took her cat to the Animal Clinic on 9/7/18, where Defendants instructed Plaintiff to hold her cat and injected the cat with a needle, which caused the cat to bite Plaintiff's hand . On 2/26/20, Plaintiff filed the complaint alleging a single cause of action for negligence. Defendants now demur to the complaint arguing that...
2020.12.08 Application for Good Faith Determination of Settlement 939
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.08
Excerpt: ...ndez”), Cynthia Quirino (“Quirino”), and Rosanna Eusebio (“Eusebio”) for damages arising from two motor vehicle accidents that occurred approximately four months apart. The complaint alleges Defendants Hernandez and Quirino are liable for the first accident that occurred on 2/23/18, and Eusebio is liable for the second accident that occurred on 6/28/18. On 7/2/20, Hernandez and Quirino filed an application for determination of good fait...
2020.12.07 Motion to Strike 883
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.07
Excerpt: ...e II (“Doe II”), Uber Technologies, Inc, (“Uber”), and Rasier-CA LLC for damages arising from a motor vehicle accident. The complaint alleges that while Plaintiff was a passenger in Doe I's car, Doe II negligently collided with Doe I's vehicle causing injury to Plaintiff. The complaint alleges that at the time of the accident, Doe I was a driver and was Uber's agent. Further, the complaint alleges that both Doe I and Doe II were under the...
2020.12.07 Motion to Strike 483
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.07
Excerpt: ...endant”) 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 refere...
2020.12.07 Motion for Leave to Allow Second IME 788
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.07
Excerpt: ...dants, KLTS, LLC dba Green CLS and Theophilus Obembe (collectively, “Defendants”) for damages arising from a motor vehicle accident. On 11/20/20, Defendants filed an ex parte application for an order shortening time to immediately hear Defendants' motion for leave to allow a second Independent medical examination (“IME”) of Plaintiff. On 11/24/20, the court granted Defendants' ex parte application and set the motion to allow a second IME ...
2020.12.07 Demurrer, Motion to Strike 655
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.07
Excerpt: ...nst Defendants, Brian Martin Valdivia (“Valdivia”) and Ecology Auto Parts, Inc. (“Ecology”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. The complaint alleges causes of action for (1) negligence, (2) negligence – statutory liability, (3) negligent infliction of emotional distress (“NIED”), and (4) negligent hiring. Defendants now demur to the complaint arguing the second cause of action for neg...
2020.12.4 Motion to Reopen Expert Discovery 118
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.4
Excerpt: ...i, M.D. and Cedars-Sinai Medical Center (collectively, “Defendants”) for wrongful death/medical malpractice. Plaintiff alleges Defendants were negligent in providing medical care to Plaintiff's wife, Molly Cope, and the negligence resulted in her death. During discovery, Plaintiff made clear that he alleges Defendants failed to recommend a follow-up colonoscopy, which colonoscopy would have led to an earlier diagnosis of her cancer; she ultim...
2020.12.03 Demurrer, Motion to Strike 509
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.03
Excerpt: ...action against Defendant, SMG Taverns, Inc. dba Iguana Kelley's (“SMG Taverns”) for injuries Plaintiff sustained when Defendant's employee allegedly assaulted and battered Plaintiff. On 6/29/20, Plaintiff filed two Amendments to Complaint naming Doe 1 as Stefan Guillen and Doe 2 as Melissa Guillen (collectively with SMG Taverns, “Defendants”). The complaint alleges causes of action for (1) intentional tort for assault and battery, (2) neg...
2020.12.03 Motion to Strike Punitive Damages 976
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.03
Excerpt: ...gies, Inc. (“Uber”), Rasier LLC, Rasier-CA LLC, and Silvia Carter (“Carter”) for damages arising from a motor vehicle accident. The complaint alleges that Carter negligently collided with Plaintiff's vehicle while Carter was providing transportation services through Uber's app, and so, Carter was an agent, employee, or partner of Defendants Uber, Rasier LLC, and Rasier-CA LLC. Defendants Uber, Rasier LLC, and Rasier-CA LLC (collectively, ...
2020.12.03 Motion to Strike 650
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.03
Excerpt: ...elated within the meaning of California Rules of Court, rule 3.300(a). (Min. Order 6/18/20.) Case No. 19STCV43650 was ordered the lead case, and all hearings in Case No. 19STCV44576 were advanced and vacated. Defendants, Dan Mekpong (“Mekpong”), Surapol Mekpongsatorn (“Mekpongsatorn”), and Noodle World, Inc. (“Noodle World”) (collectively, “Defendants”) now move to strike the punitive damages requested in the complaint filed in Ca...
2020.12.02 Motion to Strike 471
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.02
Excerpt: ...ising from a motor vehicle accident. The complaint alleges causes of action for (1) negligence, (2) negligence per se, and (3) punitive damages and attorney's fees under CCP § 1021.4. The third cause of action essentially consists of allegations purportedly establishing Plaintiff's right to recover punitive damages and attorney's fees. Defendant now moves to strike the punitive damages and attorney's fees 2. Motion to Strike California law autho...
2020.12.02 Motion for Summary Judgment 316
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.02
Excerpt: ...lvd LLC, Fox Rent A Car, Inc. (“Fox”), and the Hertz Corporation (“Hertz”) for premises liability and negligence. The complaint alleges she was on Defendants' property when she tripped and fell on a metal plate causing her injuries. Defendant Hertz filed the instant motion for summary judgment on 5/8/20, originally set for hearing on 7/31/20. However, on 6/1/20, Hertz filed a Notice of Stay of Proceedings providing that the action was sta...
2020.12.02 Demurrer 700
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.02
Excerpt: ...ting by and through the Department of Transportation (erroneously sued as State of California) (“Defendant”), et al. for injuries Plaintiff sustained when he was struck by a vehicle while crossing a crosswalk. Defendant now demurs to the complaint arguing it fails to state facts sufficient to constitute a cause of action for dangerous condition of public property against Defendant. Defendant argues it was under no duty to provide traffic sign...
2020.12.02 Demurrer 525
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.02
Excerpt: ...rising from a motor vehicle accident. On 6/22/20, Plaintiff filed her First Amended Complaint (“FAC”) alleging causes of action for (1) negligence and (2) negligence per se. Defendant now demurs to the second cause of action arguing that negligence per se is not a separate cause of action. 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 conten...
2020.12.02 Demurrer 127 (2)
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.02
Excerpt: ...fendants, Lyft, Inc. (“Lyft”), et al. for damages arising from a motor vehicle accident. The complaint alleges causes of action for motor vehicle and general negligence, and for negligent entrustment. On 7/23/20, Lyft filed its answer asserting a general denial and 16 affirmative defenses. Plaintiffs now demur to the answer. Plaintiffs argue the affirmative defenses asserted in the answer are boilerplate and not supported by any factual alleg...
2020.12.01 Motion to Vacate Default 131
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.01
Excerpt: ...ants Edgar S. Gonzalez (“Edgar”) and Saul Gonzalez (“Saul”) on 10/31/19, for damages arising from a motor vehicle accident. Plaintiffs filed proofs of service showing Edgar was personally served with the summons and complaint on 12/15/19, (Amended Proof of Service filed 2/25/20), and that Saul was served by substituted service when the process server left copies of the complaint and summons with Edgar for Saul. On 2/25/20, Plaintiffs had ...
2020.12.01 Motion to Strike 252
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.01
Excerpt: ... for damages arising from a motor vehicle accident. On 11/5/19, Plaintiffs filed an Amendment to Complaint naming Doe 1 as Sung Woo Rhee (“Rhee”) (together with Lee, “Defendants”). The operative First Amended Complaint (“FAC”) alleges a cause of action for negligence. The FAC alleges Rhee was driving the vehicle owned by Defendants when he crashed into Plaintiffs' vehicle. Defendants now moves to strike the punitive damages. 2. Motion...
2020.12.01 Demurrer, Motion to Strike 146
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.01
Excerpt: ...lly and as successors in interest to Kangxi Tian (“Decedent”) filed this action against Defendants, Pacific Expressway, Inc. (“Pacific”) and Viewsonic Corporation (“Viewsonic”) for (1) wrongful death and (2) negligence. On 7/13/20, Plaintiffs filed a Request for Dismissal as to the second cause of action for negligence. Viewsonic now demurs to the remaining wrongful death claim against it arguing the complaint fails to support any lia...
2020.12.01 Demurrer 655
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.12.01
Excerpt: ...vehicle accident. The complaint states causes of action for motor vehicle and general negligence. The complaint alleges that on 12/17/17, Robert Scott Rehling (“Defendant”) owned and allowed Jane Doe to drive the vehicle that collided with the vehicle Plaintiff was a passenger in. On 6/29/20, Plaintiff filed two Amendments to Complaint naming Doe 1 as Maddy (“Maddy”) Rehling and Doe 2 as Janeen Wendy Rehling (“Janeen”). Defendant now ...
2020.11.30 Motion for Leave to File Amended Complaint 085
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.11.30
Excerpt: ...edical malpractice. Plaintiffs filed their complaint on 10/31/20. On 9/18/20, Defendant Peter Schulman (“Schulam”) filed a motion for summary judgment arguing Plaintiffs' claims are barred by the three-year statute of limitations in CCP § 340.5. Plaintiffs now seek leave to file a First Amended Complaint. Defendant Peter Schulam (“Defendant”) opposes the motion. 2. Motion for Leave to File First Amended Complaint Plaintiff seeks to file ...
2020.11.30 Motion to Compel Further Responses 436
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.11.30
Excerpt: ...against Defendants, Tien Yuan, Inc. dba Sentrytech Security Alarm Corp. and Tzu Yen Hsu (“Hsu”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. On 6/04/20, Defendants filed the instant motions to compel further responses to request for production of documents, set one, and request for admissions, set two. On 10/02/20, the parties participated in an IDC regarding the subject discovery dispute; however, the m...
2020.11.13 Motion for Summary Judgment 597
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.11.13
Excerpt: ...undo Unified School District for damages arising out of an incident that occurred during recess on a playground. Plaintiff's complaint alleges causes of action of premises liability and negligence against Defendant. First, the complaint alleges Defendant's maintained the premises with a tricycle path on the playground in a dangerous condition that subjected children to an unnecessary risk of harm. Plaintiff was allegedly playing on the premises a...
2020.11.10 Motion to Strike 348
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.11.10
Excerpt: ...r Technologies, Inc. for damages arising from a motor vehicle accident. The complaint alleges a cause of action for negligence and includes a prayer for punitive damages. Defendant Seong Ho Im (“Im”) now moves to strike the punitive damages. 2. Motion to Strike a. Moving Argument Im contends that Plaintiff's complaint only alleges Im negligently caused the subject motor vehicle accident, and the complaint does not allege sufficient to support...
2020.11.10 Motion to Compel Responses, Deposition 604
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.11.10
Excerpt: ...ayrel filed this action against Defendant, LACMTA for damages arising out of a failure to prevent a sexual assault on an LACMTA bus. At this time, LACMTA moves to compel Plaintiff to respond to Defendant's special interrogatories, set one, and to compel Plaintiff's deposition. Any opposition to these motions was due on or before 10/21/20. The Court has not received opposition to the motions. 2. Motion to Compel Responses to Special Interrogatorie...
2020.11.10 Application for Good Faith Determination of Settlement 766
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.11.10
Excerpt: ...uce, Miguel Angel Rodriguez (“Rodriguez”), Andres de Alba Ordaz (“Ordaz”), Lakeyshia McGill (“McGill”), and EAN Holdings for damages arising from a multi- motor vehicle accident. At the time of the accident, Plaintiff was a passenger in McGill's vehicle, and Rodriguez was operating a semi-tractor trailer on behalf of his employer, Marquez Produce, when it came into contact with McGill's vehicle. The contact caused McGill's vehicle spu...
2020.11.09 Motion to Vacate Dismissal 017
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.11.09
Excerpt: ...damages arising from a motor vehicle vs. bicycle accident. Plaintiff filed the complaint on 5/03/18. Plaintiff has not, to date, filed proof of service of the summons and complaint on Defendant. On 10/17/19, the court called the matter for an FSC, where the court set an Order to Show Cause re: Dismissal for Failure to Serve and File Proof of Service (“OSC”) for 2/26/20. On 2/26/20, the court called the matter for the OSC, but no party appeare...
2020.11.09 Motion for Summary Judgment 846
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.11.09
Excerpt: ...d”) and Martin Luther King Jr. Community Hospital for medical malpractice arising out of an appendectomy. Defendant Hubbard now moves for summary judgment. 2. Motion for Summary Judgment Defendant Hubbard moves for summary judgment on the complaint, contending the care and treatment of Plaintiff complied with the standard of care at all times. Hubbard submits the Declaration of Dr. Robert E. Cole, M.D., who opines that Hubbard acted within the ...
2020.11.06 Motion for Summary Judgment 444
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.11.06
Excerpt: ...and ABM Parking Services, Inc. (“ABM”). On 6/11/19, Plaintiff filed an Amendment to Complaint naming Unitronics, Inc. (“Unitronics”) as Doe 1. Plaintiff was allegedly injured while parking at the City's automated parking garage. Patrons are supposed to drive their vehicles into one of four bays, exit their vehicles, and retrieve a parking ticket from a kiosk outside each bay. After Plaintiff pulled into one of the parking bays, the door b...
2020.11.05 Petition to Approve Minor's Compromise 126
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.11.05
Excerpt: ...ainst Defendants, Jorge Aurelio Garcia, et al. for damages arising out of an automobile accident. Kieane and Keira are both minors and are appearing in the action through their mother and guardian ad litem (“GAL”), Petitioner. This matter has been confounded by Plaintiffs' counsel's failure to comply with the applicable laws concerning this matter, and the court's previous orders. Petitioner first filed expedited petitions for Keira and Kiean...
2020.11.05 Motion to Vacate Dismissal 707
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.11.05
Excerpt: ...action against Defendant, Mallory Seplerking for damages arising out of an automobile accident. Plaintiff filed the complaint on 7/10/18. Plaintiff has not, to date, filed proof of service of the summons and complaint on Defendant. On 12/24/19, the Court called the matter for an FSC, and on 1/10/20, the Court called the matter for trial. No party appeared for the FSC or trial, and on 1/10/20, the Court dismissed the case. 2. Motion to Set Aside D...
2020.11.05 Motion for Summary Judgment, Adjudication 623
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.11.05
Excerpt: ...n against Defendant, City of Torrance for damages arising out of a trip and fall on a public sidewalk. The complaint alleges a single cause of action for premises liability with a count of negligence and count of dangerous condition of public property. Defendant now moves for summary judgment. 2. Motion for Summary Judgment a. Parties' Positions Defendant, first, contends it is entitled to judgment as a matter of law to the extent the complaint r...
2020.11.04 Motion for Reconsideration 142
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.11.04
Excerpt: ... Defendant, the Vons Companies Inc., for premises liability and negligence. Plaintiffs allege they were patrons at one of Defendant's stores when cases of water fell on Plaintiffs and caused them to suffer injury. The relevant procedural history of this matter is as follows: Defendant propounded form interrogatories, special interrogatories, RPDs, and RFAs on Plaintiffs on 9/05/19. Because Plaintiff did not serve responses, Defendant moved to com...
2020.11.04 Motion for Summary Judgment 259
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.11.04
Excerpt: ...t of a slip and fall. The basic facts relating to the fall are not disputed. Plaintiff was dining at Defendant's restaurant and was seated on the patio. The patio was adjacent to an area containing sand and fine-ground dirt. When Plaintiff and her family finished dining, she got up out of her chair to use the restroom. However, as she was getting out of the chair, she could not gain traction, slipping and falling on accumulated sand/gravel under ...
2020.11.04 Motion for Summary Judgment 763
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.11.04
Excerpt: ...Long Beach Community College District (the “College”), 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 City now moves for summary judgment as to both ...
2020.10.30 Motion for Summary Judgment 045
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.10.30
Excerpt: ...tiffs”), filed this action against Defendants, Renato Calabria, M.D. (“Calabria”) and 90210 Surgery Center (the “Surgery Center”) (collectively, “Defendants”) for medical malpractice and loss of consortium. Plaintiffs allege Defendants negligently rendered care and treatment to Jeanette on 1/3/17, when Jeanette underwent an upper blepharoplasty, an endoscopic temporal brow lift, a vertical facelift and a cell enriched autologous fat...
2020.10.30 Motion for Sanctions for Spoliation of Evidence 842
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.10.30
Excerpt: ... and Urban Baldwin, LLC for negligence and premises liability. The First Amended Complaint alleges that on 3/12/20, Plaintiff was eating at Defendants' restaurant, where it was raining, and rainwater was leaking through the roof into the premises. Defendants' employees placed buckets on the floor of the premises to catch the rainwater. However, rainwater still fell onto the floor, and after Plaintiff was done with his meal and got up to leave, Pl...
2020.10.29 Motion to Vacate Dismissal 270
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.10.29
Excerpt: ...urgical Center of Beverly Hills (“Linden”), and Brendan J. Carroll, M.D. for medical malpractice arising out of complications relating to a left inguinal hernia repair with mesh performed by Dr. Carroll. The case was scheduled for a Final Status Conference (“FSC”) on 1/03/20, but was continued to 1/13/20, and then 1/14/20, which was the trial date. (Min. Orders 1/3/20 and 1/13/20.) At the 1/14/20 FSC and trial, the court dismissed Plainti...
2020.10.29 Motion to Quash Deposition Subpoena 600
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.10.29
Excerpt: ...is action against Defendants, Jean-Paul Chiari and Yucaipa Monterey II, LLC (collectively, “Defendants”) for damages arising from a motor vehicle accident. Plaintiffs now move to quash Defendants' subpoenas for Plaintiff's high school and employment records served on Estacia High School, Balboa Bay Resort, and AC Hotel Irvine. 2. Plaintiffs' Motion to Quash Subpoenas fir High School and Employment Records a. Parties' Positions Plaintiffs argu...
2020.10.29 Motion for Summary Judgment 192
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.10.29
Excerpt: ...l malpractice arising out of Defendant's care and treatment of Plaintiff. Plaintiff alleges Defendant negligently misdiagnosed Plaintiff's condition and caused him to suffer further pain and injuries. Defendant filed its motion on 5/12/20. Based on current conditions, including, but not limited to, the spread of COVID-19, the court set these matters to be heard on 10/29/20 and ordered the moving party, Defendant, to give notice of the hearing dat...
2020.10.29 Demurrer, Motion to Strike 093
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.10.29
Excerpt: ...ts, City of Los Angeles (the “City”) and County of Los Angeles for injuries Plaintiff sustained while riding his bike on a public sidewalk. The complaint alleges causes of action for (1) premises liability and (2) general negligence. The City now demurs to the second cause of action in the complaint arguing that Plaintiff's exclusive remedy against the City is a claim under Government Code § 835, not general negligence. Further, the City mov...
2020.10.29 Demurrer 039
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.10.29
Excerpt: ...arm for damages arising from a motor vehicle accident. The complaint alleges causes of action for motor vehicle and general negligence. On 4/24/20, Defendant filed her Answer to Complaint asserting a general denial and 10 affirmative defenses. Plaintiffs now demur to the answer. Plaintiffs argue none of the affirmative defenses are supported by factual allegations, and thus, the affirmative defenses are improperly pled. In opposition, Defendant c...
2020.10.28 Petition to Approve Compromise of Minor 160
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.10.28
Excerpt: ... and through his guardian ad litem (“GAL”), Karen Cheng, M.D., filed this action against Defendant, Schrab Aliashraflo for damages arising out of a fall that occurred on a hillside between Plaintiff's and Defendant's property. Plaintiff alleges the fall caused more severe injuries than it otherwise would have because Defendant was doing construction on his property and had recently dug a deep trench into which Plaintiff fell. Plaintiff sustai...
2020.10.28 Motion to Quash or for Protective Order 172
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.10.28
Excerpt: ...Frank”) and Helen Sarnoski (“Helen”) for damages arising out of an automobile accident. Plaintiff served a deposition notice on Defendants setting the deposition of Defendant Helen Sarnoski for 5/29/20. On 5/13/20, Defendants served an objection to the subject deposition notice. Defendants now move to quash the deposition notice or for a protective order to prevent Plaintiff from taking Helen's deposition. The court originally heard this ma...
2020.10.28 Motion for Terminating Sanctions or Issue and Evidentiary Sanctions 428
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.10.28
Excerpt: ...n against Defendant, Mario Sanchez, Jr. for damages arising out of an automobile accident and subsequent assault. Plaintiff propounded form interrogatories on Defendant on 7/26/19. Defendant initially served nothing but objections to the form interrogatories, but Defendant ultimately agreed to serve supplemental responses on or before 10/11/19, which he did. Plaintiff continued to believe many of the responses were deficient, and Plaintiff wrote ...
2020.10.09 Motions to Compel Depositions 713
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.10.09
Excerpt: ...�) PMQ's depositions were originally set to be heard on 4/02/20. Based on current conditions, including, but not limited to, the spread of Covid-19, the court set these matters to be heard on 10/09/20 and ordered the moving party, Plaintiff, to give notice of the hearing date. (Minute Order 4/28/20.) As of 10/05/20, moving Plaintiff has not filed any such notice with this court. The hearing on the motion is continued to _________________ at 8:30 ...

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