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2020.09.14 Motion for Summary Judgment 548
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.09.14
Excerpt: ...ed this action against Defendants, Robin Hill Gingold, Daniel Leigh Gingold, and Nicholas Gonzales arising out of the death of Decedent, Mario Hernandez Franco. The basic facts relating to Franco's death are undisputed. Franco 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 death. Based on curren...
2020.09.14 Motion for Summary Judgment 678
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.09.14
Excerpt: ...kground Facts Plaintiff, Ruth Vitale filed this action against Defendants, 5757 Wilshire LLC, et al. for damages arising out of a slip and fall. 2. Burdens on Summary Judgment Summary judgment is proper “if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Code Civ. Proc. §437c(c).) Where a defendant seeks summary judgment or adjudicati...
2020.09.11 Motion for Summary Judgment 083
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.09.11
Excerpt: ...Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2018) ¶ 9.53.1a.) Evidentiary Objections Plaintiffs' evidentiary objections are all overruled. Defendant's evidentiary objections are overruled as to nos. 1, 2, 5, 6, and 9, and sustained as to nos. 3, 4, and 7-8. Applicable Law “[F]rom commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fa...
2020.09.10 Motion to Quash or for Protective Order 172
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.09.10
Excerpt: ...ann 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. 2. Motion for Leave to File Am...
2020.09.10 Motion to Compel Further Responses 600
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.09.10
Excerpt: ...0, 2020 1. Background Plaintiffs, Elvira Jeronimo and Bryan Jeronimo (collectively, “Plaintiffs”) filed this action against Defendants, Jean-Paul Chiari and Yucaipa Monterey II, LLC (collectively, “Defendants”) for damages arising from a motor vehicle accident. 2. Plaintiffs' Motion to Compel Further Responses On 3/5/20, Plaintiffs filed the instant motions to compel further responses to interrogatories, set one, and request for productio...
2020.09.09 Motion to Strike or Tax Costs 342
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.09.09
Excerpt: ...Insurance Company as real party in interest, filed this action against Defendants Memo's Scaffolding Norwalk, Inc. and Bernard's Construction Group, Inc. for damages arising out of a workplace accident that injured Jose Luis Guzman. Jose Luiz Guzman, as plaintiff in intervention, brings claims against Memo's Scaffolding Norwalk, Inc., Bernard's Construction Group, Inc., and Selma and Vine North Hollywood LLC for damages arising out of the same ac...
2020.09.09 Motion to Permit Financial Condition Discovery 182
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.09.09
Excerpt: ...ichael Posekian for damages arising out of an automobile accident. Plaintiff's complaint includes a prayer for punitive damages, which is premised on the allegation that Defendant was intoxicated at the time of the accident. Plaintiff seeks a ruling permitting him to conduct financial condition discovery against Defendant. Defendant opposes the motion. Based on current conditions, including, but not limited to, the spread of Covid-19, the court s...
2020.09.04 Motion to Vacate Dismissal 565
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.09.04
Excerpt: ...dant's property. Plaintiff filed the complaint on 9/05/18. Plaintiff has not, to date, filed proof of service of the summons and complaint on Defendant. On 2/19/20, the Court called the matter for an FSC. On 3/05/20, the Court called the matter for trial. No party appeared for the FSC or trial, and on 3/05/20, the Court dismissed the case. 2. Motion to Set Aside Dismissal At this time, Plaintiff moves to set aside the dismissal. Plaintiff's attor...
2020.09.04 Motion to Set Aside Default 465
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.09.04
Excerpt: ...f sustained allegedly because of an unmarked trench Defendant created and failed to protect against. On 11/4/19, Plaintiff filed a proof of service showing substituted service of the summons and complaint on Defendant. The proof of service provides that the documents were served on Robert Pina (“Pina”), Defendant's authorized agent to receive process, by substituted service when the documents were served on “Eric Houng, Clerk (Person Appare...
2020.09.04 Motion for Summary Judgment 847
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.09.04
Excerpt: ... out of a trip and fall on the public sidewalk. 2. Motion for Summary Judgment Defendant moves for summary judgment on the complaint. It contends it is entitled to judgment as a matter of law because the defect at issue was trivial. Plaintiff opposes, arguing (a) the City itself concedes the defect was not trivial, (b) Plaintiff's expert testimony establishes the defect was not trivial, and (c) aggravating factors, including shadows and the fact ...
2020.09.03 Motion for Summary Judgment 132
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.09.03
Excerpt: ...LACMTA (“Defendant”) for damages arising out of a trip and fall on Defendant's platform. The fall occurred on 2/13/17. The complaint alleges causes of action for (1) dangerous condition of public property and (2) negligence against Defendant. Defendant now moves for summary judgment arguing it is entitled to judgment as a matter of law. 2. Motion for Summary Judgment a. Moving Argument As to the first cause of action for dangerous condition o...
2020.09.02 Petition for Compromise 160
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.09.02
Excerpt: ...ainst 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 sustained various soft tissue injuries because of the accident, and various fractures. Plaint...
2020.08.31 Motion for Summary Judgment 211
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.08.31
Excerpt: ...fendants, Beverly Hills Physicians, Tsung-Lin Roger Tsai, M.D., and Maher Anous, M.D. for medical malpractice and loss of consortium. Plaintiffs' First Amended Complaint alleges that on 8/13/18, Cruz consulted and engaged Defendants to be her medical surgeons for cosmetic surgery procedures, but Defendants negligently treated and caused injury to Cruz. Defendant Tsung-Lin Roger Tsai, M.D. (“Tsai”) moves for summary judgment. 2. Motion a. Movi...
2020.08.31 Application for Good Faith Determination of Settlement 483
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.08.31
Excerpt: ... Business Corporation Group, Inc.; Jonathon Cheung; Uber Technologies, Inc.; Rasier, LLC; Rasier-CA, LLC; Rosa Martinez; Eva Salinas Luna; Millan Bartolo; and Does 1 to 100 for damages arising from two motor vehicle accidents that occurred one day apart. The complaint alleges Defendants Abacus Business Corporation Group, Inc., Jonathon Cheung; Uber Technologies, Inc. Rasier, LLC; Rasier-CA, LLC; and Rosa Martinez are liable for the first accident...
2020.08.31 Motion to Strike with Leave to Amend 465
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.08.31
Excerpt: ...wan (“Kwan”) and Volcano Grill, Inc. for damages arising from a motor vehicle accident. The complaint alleges causes of action for (1) motor vehicle negligence, (2) negligence, and (3) negligent entrustment and includes a prayer for punitive damages. Defendant Kwan now moves to strike the punitive damages. 2. Motion to Strike a. Moving Argument Kwan contends the complaint merely alleges he was intoxicated and traveling 75 mph on the freeway a...
2020.08.31 Motion to Compel Deposition of PMK, Production of Docs, for Protective Order 041
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.08.31
Excerpt: ...OT (2) ORDER GRANTING IN PART DEFENDANTS THE STATE'S AND HASZ'S APPLICATION FOR AN ORDER RESUMING THE DEPOSITION OF PLAINTIFF AND FOR ADDITIONAL TIME BEYOND SEVEN HOURS TO FAIRLY EXAMINE HER (3) ORDER GRANTING SAMUEL AARON KAUFMAN AND JILL WATSON KAUFMAN'S MOTION FOR PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION Dept. 31 10:00 a.m. August 31, 2020 1. Background Plaintiff, Anabelle Acosta (“Plaintiff”) filed this action against Defendants, Sam...
2020.08.31 Motion to Permit Financial Condition Discovery 182
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.08.31
Excerpt: ...l Posekian for damages arising out of an automobile accident. Plaintiff's complaint includes a prayer for punitive damages, which is premised on the allegation that Defendant was intoxicated at the time of the accident. Plaintiff seeks a ruling permitting him to conduct financial condition discovery against Defendant. Defendant opposes the motion. Based on current conditions, including, but not limited to, the spread of Covid-19, the court set th...
2020.08.28 Motion for Summary Judgment 636
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.08.28
Excerpt: ...Family Daycare (the “Gaynor Daycare”), and Vance Pierce (“Pierce”) for damages Plaintiff sustained when he was four months old while supervised by Defendants at the Gaynor Daycare. The complaint alleges that while Defendant Traci Lynn Gaynor (“Traci Lynn”) claimed Plaintiff was tipped out of a swing by another child and caused Plaintiff to suffer a traumatic brain injury, Traci Lynn shook Plaintiff as a four-month- old baby resulting ...
2020.08.28 Motion for Leave to File Complaint 586
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.08.28
Excerpt: ... Defendants, Edward Wheeler and Sam Chung for damages arising out of an automobile accident. Plaintiffs filed their complaint on 7/02/18. Wheeler filed an answer and cross-complaint against Chung on 10/02/18. Chung filed an answer to the complaint and cross-complaint on 1/25/19. Trial was scheduled for 5/01/20, but the trial date was recently vacated because of the temporary closure of the courts to the public due to the spread of COVID-19. 2. Mo...
2020.08.27 Motion for Summary Judgment 114
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.08.27
Excerpt: ... and Brookvale International Corp. for damages arising out of a fall that occurred while she was working for non-party, Capital Logistics. Plaintiff added Moving Defendant, Neil J. Curry Trust, as Doe 1; Plaintiff alleges the Trust owned the property on which she fell and is liable for her fall because it provided inadequate and/or insufficient and/or non- functioning and/or non-existent lighting on the premises, and the lack of lighting caused h...
2020.08.27 Motion for Leave to Amend, to Compel Mental Examination 379
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.08.27
Excerpt: ...this action against Defendant, Los Angeles County Metropolitan Transportation Authority for damages Plaintiff sustained while a passenger on Defendant's bus. Plaintiff alleges Defendant's driver negligently and carelessly accelerated the bus immediately after Plaintiff boarded Defendant's bus. Defendant now moves (1) for leave to amend its answer and (2) to compel the defense mental examination of Plaintiff. 2. Motion for Leave to Amend Answer De...
2020.08.27 Demurrer 319
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.08.27
Excerpt: ...incident. On 3/8/19, Plaintiff filed an Amendment to Complaint naming Defendant Vylox, Inc. as Doe 1. Defendant, Vylox, Inc. (“Vylox”) filed this demurrer on 1/15/20, setting it for hearing on 6/10/20. The demurrer is directed at Plaintiff's Second Amended Complaint, which Plaintiff filed on 7/29/19. Based on current conditions, including, but not limited to, the spread of Covid-19, the court set this matter to be heard on 8/27/20. (Min. Orde...
2020.08.27 Demurrer 318
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.08.27
Excerpt: ...� for injuries Plaintiff sustained while eating a pizza at Defendant's business. On 2/27/20, Plaintiff filed his First Amended Complaint (“FAC”) alleging causes of action for (1) negligence, (2) breach of implied warranty of habitability, and (3) strict liability in tort. Defendant now demurs to the FAC arguing the second cause of action for breach of implied warranty of habitability and third cause of action for strict liability in tort fail...
2020.08.26 Motion to Strike 777
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.08.26
Excerpt: ... Defendants, Burbank Community YMCA, Angela Buck, and Miriam Romero (collectively, “Defendants”) for injuries Plaintiff sustained while attending Defendants' preschool between the ages of 2 to 3 years old. The First Amended Complaint (“FAC”) alleges Defendant Miriam Romero (“Romero”) used a spray bottle to spray Plaintiff in the face when he was crying. Romero now moves to strike portions of the FAC. The FAC alleges a cause of action ...
2020.08.26 Motion to Compel Deposition 532
Location: Los Angeles
Judge: Long, Thomas D
Hearing Date: 2020.08.26
Excerpt: ... and Samer Mohammad Dali Alshloul for damages arising out of an automobile accident. Plaintiffs recently added SuperShuttle, LLC as a doe defendant in the action. Plaintiffs noticed Defendant, Fastrans's PMK deposition on numerous occasions. The parties ultimately agreed to set the deposition for 10/16/19. On 10/16/19, Fastrans produced Robert Greer as its PMK deponent. Mr. Greer testified that he is not, nor never was, an employee of Fastrans. M...

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