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2020.12.14 Motion for Summary Judgment 623
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.14
Excerpt: ...MOTION FOR SUMMARY JUDGMENT Dept. 27 2:30 p.m. December 14, 2020 I.INTRODUCTION On June 20, 2019, plaintiffs Lawrence Bright (“Plaintiff”) and Kathy Bright filed this medical malpractice action against defendant Peter Glieberman, M.D. (“Defendant”) arising from a hip replacement surgery performed on May 18, 2018. On August 9, 2019, Plaintiffs filed the operative First Amended Complaint in which Plaintiff alleges that during the course of ...
2020.12.14 Motion for Discovery of Peace Officer Personnel Records 557
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.14
Excerpt: ...s, Inc. dba Beverly Hills BMW (“Beverly Hills BMW”) and Kiki Cholewka (“Cholewka”) (collectively, “Defendants”) for negligence arising from services and repaired performed when he brought the vehicle in on March 1, 2017 and March 20, 2017. Plaintiff alleges he complained to Beverly Hills BMW that his vehicle's steering wheel had been locking up at certain times and asked Beverly Hills BMW to investigate and repair the issue. Plaintiff...
2020.12.14 Demurrer 145
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.14
Excerpt: ... [TENTATIVE] ORDER RE: DEFENDANTS SHIMA HADIDCHI AND ARASH MILANI'S DEMURRER TO PLAINTIFFS' COMPLAINT. Dept. 27 3:30 p.m. December 14, 2020 I.INTRODUCTION On August 3, 2020, Plaintiffs Vali Abdoli and Shala Abdoli (Shahla filed this wrongful death and survivor action against Defendants Shima Hadidchi (“Hadidchi”), Arash Milani (“Milani”), and Masoud Bitarafan (“Bitarafan”) arising from the death of Mohammad Abdoli (“Decedent”) on ...
2020.12.11 Motion to Strike 368
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.11
Excerpt: ...ngs arising from a March 28, 2020 motor vehicle accident. Plaintiff alleges Defendant made a left turn directly onto oncoming traffic and collided with Plaintiff, who was on a motorcycle. Defendant moves to strike Plaintiff's request for punitive damages from the Form Complaint and the Exemplary Damages Attachment on the grounds that punitive damages is not available for a motor vehicle negligence case. Any party, within the time allowed to respo...
2020.12.11 Motion to Strike 153
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.11
Excerpt: ...ainst Defendants Tawny Lynn Lago and Nicholas Light for motor vehicle negligence and negligence per se arising from a February 1, 2019 motor vehicle collision. Defendants move to strike Plaintiffs' punitive damages allegations. The Motion is unopposed. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Cal. Civ. Proc. Code § 435 (b)(1).) The court may, upon ...
2020.12.11 Motion to Quash Subpoenas or for Protective Order 292
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.11
Excerpt: ...action against Defendant Harbor Dispatch Transport, Inc. arising from an April 25, 2017 motor vehicle accident. On June 12, 2020, Defendant served 12 subpoenas requesting medical, radiology, and billing records from United Medical Imaging of Los Angeles – Downtown LA, United Medical Imaging, Inc./Billing – West LA, United Medical Imaging of Los Angeles/Radiology, Radnet, Inc. – Radnet, Radnet Inc./Billing, and Radnet Film Library. Each subp...
2020.12.10 Motion for Summary Judgment 225
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.10
Excerpt: ...ant”), County of Los Angeles (“County”) and Wendy Braun (“Braun”) on August 9, 2019. Plaintiff alleges that on December 3, 2018, he was walking with a knee scooter at or near 1264 E. Appleton St., Long Beach when his knee scooter was caught in a crack and/or other defect in the sidewalk, causing him to fall and sustain injuries. Defendant moves for summary judgment on the Complaint on the ground that Plaintiff cannot establish it had ac...
2020.12.10 Demurrer, Motion to Strike 227
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.10
Excerpt: ...n July 13, 2020, plaintiffs Joseph Doloboff (“Plaintiff”) and Elena Doloboff (“Elena”) (collectively, “Plaintiffs”) filed this action against defendants Mitchell Spirt, M.D. (“Dr. Spirt”), individually and dba Pinnacle Gastroenterology Medical Associates (“Pinnacle”), Cedars-Sinai Medical Center, and Cedars-Sinai Medical Group. Dr. Spirt and Pinnacle (collectively, “Defendants”) demur to the Second Cause of Action for Negl...
2020.12.10 Demurrer 915
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.10
Excerpt: ...ichael Kach, D.D.S. (“Dr. Kach”) and other medical providers. The operative First Amended Complaint asserts causes of action for professional negligence, intentional concealment, and constructive fraud. Dr. Kach demurs to the Plaintiff's causes of action for intentional concealment and constructive fraud on the grounds that the FAC fails to state facts sufficient to constitute those two causes of action. The FAC alleges that on or about Novem...
2020.12.10 Demurrer 308
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.10
Excerpt: ...his Guardian ad Litem, Rochelle Bryant (“Julian”), Rochelle Bryant (“Rochelle”), and Jerry Bryant (“Jerry”) (collectively, “Plaintiffs”) filed this action against the City of Pomona (“Pomona”) and Foothill Transit asserting a cause of action for premises liability on the counts of negligence, and dangerous condition of public property. Rochelle and Jerry are Julian's parents. Plaintiffs allege that on January 23, 2019, Julian ...
2020.12.09 Demurrer, Motion to Strike 071
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.09
Excerpt: ...MPLAINT BY DEFENDANT MICHAEL SINGLETON Dept. 27 3:30 p.m. December 09, 2020 I. BACKGROUND On June 11, 2020, Plaintiff Angel Moore (“Plaintiff”) filed this action against Defendants Dorothy Mae Medical Clinic, Inc. (“Clinic”) and Michael Singleton, M.D. (“Singleton”) for: (1) negligence, (2) negligent hiring, supervision, and retention of employee; (3) sexual battery and assault; (4) intentional infliction of emotional distress; and (5...
2020.12.09 Motion for Leave to Amend Answer 809
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.09
Excerpt: ...ce arising from a December 29, 2016 motor vehicle collision. Defendant filed his Answer on February 15, 2019. On February 12, 2020, Defendant sought leave to amend his answer to include a Twelfth Affirmative Defense of Accord and Satisfaction. On June 25, 2020, the court denied the motion without prejudice. On July 10, 2020, Defendant again filed a motion for leave to amend his answer to include a Twelfth Affirmative Defense of Accord and Satisfa...
2020.12.09 Motion for Summary Judgment 341
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.09
Excerpt: ...lly Beez USA, LLC (“Defendant”) for general negligence and premises liability arising from a slip and fall incident. On July 20, 2020, Defendant filed the instant motion for summary judgment. Plaintiff filed opposition papers on November 25, 2020. Defendant filed reply papers on December 4, 2020. II. FACTUAL BACKGROUND On January 14, 2018, Plaintiff and her family visited Defendant's indoor playground. (Defendant's Undisputed Material Facts (...
2020.12.09 Motion to Compel Further Responses, for Protective Order 326
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.09
Excerpt: ...ber 9, 2020 I. INTRODUCTION On September 19 2019, plaintiff Alistair McMillan (“Plaintiff”) filed this action against Defendants Wheels Labs, Inc., dba Wheels Technologies, Inc. (“Defendant”), and Does 1 through 100 for (1) Strict Products Liability, (2) Breach of Warranty, and (3) Negligence, arising from a June 1, 2019 accident caused by an allegedly malfunctioning electric bike that Plaintiff rented. Plaintiff alleges that the bike inc...
2020.12.09 Motion to File Undertaking to Secure Award of Costs 277
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.09
Excerpt: ... a wrongful death action brought by the surviving parents of decedent, Yaya Lin. On March 11, 2019, Plaintiffs Hongbin Lin and Wenqin Chen filed a complaint against Defendant Selina Vai Yee Vong. Plaintiffs allege that Defendant “owned, operated, and/or employed the operator of the motor vehicle, and the operator so negligently and carelessly operated the motor vehicle that they breached their duty of care by failing to yield to and striking th...
2020.12.08 Motion to Strike Punitive Damages 348
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.08
Excerpt: ...O STRIKE PUNITIVE DAMAGES FROM PLAINTIFFS' FIRST AMENDED COMPLAINT Dept. 27 3:30 p.m. December 8, 2020 I. BACKGROUND This action arises from a motor vehicle collision in which Plaintiffs Linda Escobar, Saroun Sao, S.E., and T.E. allege to have been injured. On March 13, 2020, Plaintiffs filed a complaint against Defendants James Riley Lewis III and Keo Vanveasna. On May 4, 2020, Plaintiff amended the complaint to name The Estate of James Riley Le...
2020.12.08 Motion to Strike 519
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.08
Excerpt: ... 8, 2020 I. BACKGROUND This action arises from a motor vehicle collision. On July 15, 2020, Plaintiffs Paul Barron and Alma Barron filed a complaint against Defendants Hailee Gene Kosmowski, Kambria Kaylee Duskin, Medcoast MedServices Inc. d/b/a Medcoast Ambulance Service, James Laurie Twaddell, Harris Ambulance LLC, Medcoast Employee Services LLC. TA Transport Holdings LLC, and Randy Snyder, Esq. On August 20, 2020, Plaintiffs amended the compla...
2020.12.08 Motion for Summary Judgment 359
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.08
Excerpt: ... On July 3, 2019, Plaintiff Austin Wood, by and through his mother and Guardian Ad Litem, Pamela Wood filed a complaint against Defendants Charles Niesen, M.D.; AMS Neurology, Inc.; CVS/Pharmacy, Inc.; CVS Health; Ying Zhang, RPH; Hoang-Oanh B. Hu, RPH; Steven Mark Goldberg, M.D.; and Methodist Hospital of Southern California (“Defendant” or “Methodist Hospital”) for breach of medical and professional obligation. On September 1, 2020, Def...
2020.12.08 Motion for Leave to Intervene, for Reconsideration 886
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.08
Excerpt: ...ended Complaint (“FAC”) against Defendant Ayesha Mohammad (“Defendant”) for negligence. Plaintiff alleges she was involved in an automobile accident caused by Defendant who failed to yield the right of way. On July 10, 2020, Ace American Insurance Company (“Ace”) filed a motion for leave to intervene on Defendant's behalf. Plaintiff opposes. On July 10, 2020, Defendant filed a motion for reconsideration as to the Court's June 25, 2020...
2020.12.08 Demurrer 729
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.08
Excerpt: ...n arises out of the Plaintiff's claim that he suffered personal injuries when he slipped and fell on a dangerous condition on premises owned or controlled by the Defendants. The premises are the Queen Mary in Long Beach. The dangerous condition was a room flooded due to consistent leaks when it rained. The Complaint includes the following causes of action: 1) Negligence under premises liability and Government Code sections 815.2, 815.4, and 820; ...
2020.12.08 Demurrer 554
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.08
Excerpt: ...een injured. On July 24, 2020, Plaintiff filed a “First Amended Complaint” against Defendant Charles Monk, alleging a single cause of action for negligence. On August 26, 2020, Defendant filed an answer. On August 27, 2020, Plaintiff filed the subject demurrer to Defendant's answer. Defendant filed an opposition on November 20, 2020. A reply was not filed. II. DEMURRER STANDARD Code of Civil Procedure section 430.20 provides that a party may ...
2020.12.08 Demurrer 544
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.08
Excerpt: ...egligence: premises liability arising from a slip and fall incident. On August 27, 2020, Defendant filed the instant demurrer to complaint. Plaintiff filed an opposition on November 23, 2020. Defendant filed a reply on December 1, 2020. II. LEGAL STANDARD A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc....
2020.12.08 Demurrer 284
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.08
Excerpt: ...ultaariq Garba, by and through GAL Umar (collectively, “Plaintiffs”), filed their complaint against Defendants Foster Farms Inc. (“Foster Farms”) and Ralphs Supermarket Company (“Ralphs”) for: (1) negligence; (2) strict liability; (3) restitution; and (4) violation of California's Unfair Competition Law (“UCL”). Plaintiffs allege that they became sick after cooking and consuming chicken grown at Foster Farms' farm and purchased at...
2020.12.07 Motion to Strike Punitive Damages 005
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.07
Excerpt: ...them to suffer personal injuries by selling them wine that was spoiled and contaminated. The First Amended Complaint includes the following causes of action: 1) Breach of Implied Warranty of Fit for Human Consumption; 2) Strict Liability; 3) Intentional Infliction of Emotional Distress; and 4) Unfair Business Practice under Business and Professions Code section 17200. The Defendant has now filed a motion to strike the claim for punitive damages i...
2020.12.07 Motion for Summary Judgment 762
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.07
Excerpt: ...al injuries while falling down on the stairs of Defendant 7000 Romaine Holdings, LLC's (“Defendant”) commercial building located at 7000 Romaine Street, Los Angeles, California 90038 (the “Premises”). Plaintiff alleges that the Premises was not safe because there was a dangerous condition in the form of a handrail that did not comply with applicable codes, specifically that it was not high enough or continuous in the location of the trip ...

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