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2020.09.18 Motion for Summary Judgment 660
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.09.18
Excerpt: ... Medical Center (erroneously sued as Cedar-Sinai Medical Center) arising from urological care and treatment provided in February 2018. Defendant moves for summary judgment on the grounds that there is no triable issue of fact regarding the issues of standard of care and causation. II.FACTUAL BACKGROUND Plaintiff presented at Cedars-Sinai on February 19, 2018. (Defendant's Undisputed Material Fact (“UMF”) No. 3.) Her medical history was taken ...
2020.09.18 Motion for Leave to File Complaint, for Protective Order 049
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.09.18
Excerpt: ... 2019, plaintiff Tracee Walker filed this action against defendant Pico Rents, Inc. dba Pico Party Rents & Sells for negligence. Plaintiff alleges that she was injured at an office when she sat on a chair rented from Defendant. Defendant filed an answer on November 12, 2019. On March 23, 2020, Defendant filed this Motion for leave to file a cross- complaint. Defendant seeks leave to file a cross-complaint against Douglass Emmett & Company and Sam...
2020.09.17 Motion for Summary Judgment 198
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.09.17
Excerpt: ...dants PIH Health Hopsital – Whittier and Samuel Im, M.D. (“Defenadnt”). Plaintiff alleges Defendant failed to properly identify the path of the right ureter and severed it during a January 12, 2018 hysterectomy. Plaintiff also alleges Defendant negligently failed to recognize the damage to the ureter and discharged her with hydronephrosis. Defendant moves to summary judgment on the grounds that he complied with the required standard of care...
2020.09.16 Motion for Summary Judgment 282
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.09.16
Excerpt: ...17 slip and fall in a store. Defendant moves for summary judgment on Plaintiff's sole cause of action for premises liability on the grounds that there is no triable issue of fact as to whether Defendant breached any duty because Defendant did not have actual or constructive notice of the alleged dangerous condition. Defendant also argues that Plaintiff did not slip in water as alleged because she rolled her right ankle and fell. II.FACTUAL BACKGR...
2020.09.15 Motion to Compel Further Responses 287
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.09.15
Excerpt: ...terrogatories, Set No. 1. The Form Interrogatories were served on February 18, 2020; Plaintiff's responses, which consisted of objections, were served March 23, 2020. Defendant sent a meet and confer letter on April 16, 2020 and filed a motion on May 7, 2020 requesting further responses to virtually all of the form interrogatories. Plaintiff served verified supplemental responses on June 18, 2020. The parties attended an informal discovery confer...
2020.09.14 Demurrer 752
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.09.14
Excerpt: ...Cerritos arising from a May 23, 2017 trip and fall. Plaintiff alleges two causes of action against Defendant for general negligence and premises liability. Defendant demurs to the Complaint on the grounds that the first cause of action for general negligence fails to state a statutory basis for liability against a public entity as required by the California Tort Claims Act. Defendant also moves to strike Plaintiff's counts of negligence and willf...
2020.09.09 Motion to Compel Second Physical Exam 757
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.09.09
Excerpt: ...nt Long Ha, Freddie Del Angel Canche-Hernandez, and Alex Canche arising from an October 15, 2018 car accident. On April 30, 2019, Trang Tran, Theresa Tran, Binh Le (collectively, “Cross- Defendants”) and Ha filed a cross-complaint against Canche-Hernandez and Alex Canche. Ha and Cross-Defendants seek leave to notice a second medical examination for Plaintiff by Steven C. Dennis, M.D., an orthopedic surgeon with sub-specialties in spinal surge...
2020.09.09 Motion to Compel Mental Exam 158
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.09.09
Excerpt: ...ing from a September 27, 2017 motor vehicle accident. Defendant seeks to compel the mental examination of Plaintiff by Dr. Travis G. Fogel, Ph.D. In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff where: (1) the examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; and (2) the examination is conducted at a...
2020.09.09 Demurrer, Motion to Strike 482
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.09.09
Excerpt: ...this action against defendant El Puente Auto Care & Muffler Center, Inc. (“El Puente”) arising from a May 30, 2018 motor vehicle accident. Plaintiff alleges that she was in a passenger in a vehicle driven by Nicole Diaz (“Nicole”). As Nicole was driving down a steep grade, the vehicle's brakes failed and collided with multiple vehicles. Plaintiff alleges the vehicle was owned by Andres and Amalia Diaz (the “Diazes”), who own and opera...
2020.09.04 Motion to Compel Deposition of PMK, Request for Sanctions 327
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.09.04
Excerpt: ...intiff Joseph Larnyoh and defendant Azalea Husband were involved in a car accident. Plaintiff subsequently sought treatment from Moshe Wilker (“Dr. Wilker”) five times. Dr. Wilker was deposed on August 27, 2019 and testified that he performed a cyst removal procedure on Plaintiff on January 2, 2017. A post- operative visit took place on January 17, 2017. Plaintiff called Dr. Wilker with complaints of wrist pain and on February 23, 2017, Dr. W...
2020.09.03 Motion for Summary Judgment 538
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.09.03
Excerpt: ... Alma Lopez, as guardian ad litem for minor, Brianna Yanet Sanchez, filed this action against defendants Victor Mainwal, Jr., Mongee Mainwal, and Victor Mainwal. Plaintiff alleges that on May 24, 2017, defendants owned, operated, drove, or negligently entrusted a vehicle (“Vehicle”), which struck and killed Plaintiff's father (“Decedent”), who was riding his bicycle. The parties do not dispute that at the time of the collision, Victor Mai...
2020.08.31 Motion to Strike 137
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.08.31
Excerpt: ...(collectively, “Plaintiffs”) filed this action against defendants Sinea Luevano and Lyft, Inc. Luevano moves to strike from the Second Amended Complaint: (1) allegations that she drove recklessly and was intoxicated; (2) references to her insurance coverage; and (3) Plaintiffs' punitive damages allegations. The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper...
2020.08.31 Motion to Strike 465
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.08.31
Excerpt: ...udget Group, Inc. for negligence and products liability. Plaintiff rented a car from Budget Rent-A-Car and alleges that there was a defective tire which blew. She lost control of the car and it swerved from side to side causing her injuries. Avis Budget Group, Inc. (“Defendant”) moves to strike Plaintiff's request for punitive damages and exemplary damages attachment. Any party, within the time allowed to respond to a pleading may serve and f...
2020.08.28 Motion for Summary Judgment 920
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.08.28
Excerpt: ...ns' (“Plaintiff”)¿December 30, 2015,¿slip and fall on accumulated ice on a sidewalk while working as a part-time management office leasing agent at the Hidden Falls Apartments in Lancaster,¿California.¿¿ On¿December¿12, 2017, Plaintiff filed her complaint against Segio Bahena dba Bahena Gardening (erroneously sued as “Sergio's Landscaping”) (“Defendant”), Hidden Falls Property Management, Farrow Property, Paul Ottosi, Linda Ott...
2020.08.27 Motion for Summary Judgment 436
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.08.27
Excerpt: ...ence arising from a November 23, 2016 fall. Plaintiff alleges that when she was shopping in one of Defendant's stores, one of Defendant's employees swept too close to her feet, causing her to trip and fall back. (Compl., GN-1, Prem.L-1.) Defendant moves for summary judgment on the grounds that there was no dangerous condition because a maintenance associate with a broom is not a dangerous condition. Defendant also argues it was not negligent beca...
2020.08.26 Motion for Summary Judgment 407
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.08.26
Excerpt: ...ODUCTION On April 20, 2018, plaintiff Catalina Barrientos, a minor, by and through her Guardian ad Litem, Rachel Garcia-Lopez (“Plaintiff”), filed this action against defendant Los Angeles Unified School District (“Defendant”) for negligence and premises liability relating to a February 16, 2017 accident on the playground of Harrison Elementary School. Plaintiff filed a First Amended Complaint (“FAC”) on November 20, 2018. Defendant f...
2020.08.24 Motion to Strike 061
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.08.24
Excerpt: ...stin Nelson. Plaintiff asserts causes of action for negligence and assault and battery arising from a December 8, 2017 altercation. Defendant Nelson moves to strike Plaintiff's request for punitive damages and its accompanying allegations. 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 a motion, or ...
2020.08.24 Demurrer 868
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.08.24
Excerpt: ...(“Plaintiff”) filed this action against Defendants Macy's West Stores, Inc., Macy's Inc., Michael Luz, and Does 1 through 25 for a single cause of action for negligence – premises liability. On April 24, 2020, defendant Michael Luz (“Defendant”) filed the instant demurrer. Plaintiff filed an opposition on August 11, 2020 and Defendant filed a reply on August 12, 2020. II. LEGAL STANDARD A demurrer tests the legal sufficiency of the plea...
2020.08.21 Motion for Summary Judgment 943
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.08.21
Excerpt: ...ising from a May 8, 2017 laser hair removal treatment. Defendant moves for summary judgment on the grounds that the action is a professional negligence action and time-barred under California Code of Civil Procedure section 340.5. Defendant asserts the statute of limitations as its Fifth Affirmative Defense. II.FACTUAL BACKGROUND On May 8, 2017, Plaintiff underwent laser hair removal and sustained injuries from the laser treatment. (Defendant's U...
2020.08.20 Motion to Strike 642
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.08.20
Excerpt: ...attery, assault, intentional infliction of emotional distress, and negligence arising from a September 1, 2019 altercation. Defendant moves to strike Plaintiff's punitive damages allegations and request. Defendant also moves to strike Plaintiff's request for attorneys' fees, which Plaintiff concedes. 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...
2020.08.19 Motion to Strike Punitive Damages 560
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.08.19
Excerpt: ...dually and dba SLS Hotel at Beverly Hills arising from a May 16, 2019 slip and fall. Defendant moves to strike punitive damages allegations from the Complaint. 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 a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrele...
2020.08.19 Motion to Set Aside Judgment 426
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.08.19
Excerpt: ...Market arising from an October 17, 2016 fall from a ladder. On March 16, 2020, the Court issued a minute order granting Defendant's Motion for Summary judgment filed on December 16, 2019. On April 17, 2020, Plaintiff filed this Motion to Vacate under Code of Civil Procedure section 473(b) claiming excusable neglect of counsel. “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dism...
2020.08.19 Motion for Summary Judgment 241
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.08.19
Excerpt: ... arising from an April 1, 2018 slip and fall. Plaintiff alleges she slipped and fell on a liquid spill while shopping at Defendant's store. Defendant moves for summary judgment on the grounds that it did not have notice of any dangerous condition. II.FACTUAL BACKGROUND Plaintiff alleges she slipped and fell on a liquid spill while shopping at Defendant's store on April 1, 2018. (Defendant's Undisputed Material Fact (“UMF”) No. 1.) Plaintiff's...
2020.08.18 Motion to Quash Subpoena for Employment Records 362
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.08.18
Excerpt: ...ary 10, 2017, plaintiffs Thuy Trang Thi Nguyen (“Nguyen”)mand minors Kaitlin Nguyen and Tyler Nguyen (collectively, “Plaintiffs”) filed this action against defendant Michelle D. Taylor (“Taylor”), City of Los Angeles Transit Services, and Los Angeles County Metropolitan Transportation Authority. On September 27, 2019, MV Transportation, Inc. (“MV”) was named as a Doe defendant. The action arises from a motor vehicle collision that...
2020.08.18 Motion for Summary Judgment 284
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.08.18
Excerpt: ...n arising from a January 3, 2019 trip and fall. While in the parking lot of one of Defendant's warehouses, Plaintiff alleges the toe of her boot caught on a metal bar at the bottom front section of the shopping cart corral. Defendant moves for summary judgment on the grounds that the metal strip is a trivial defect and because it did not have notice of the dangerous condition (i.e., the raised bar.) II.FACTUAL BACKGROUND On January 3, 2019, Plain...

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