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2024.03.12 Demurrer, Motion to Strike 163
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.12
Excerpt: ...rdado (“Plaintiff”) filed this action against defendants Los Angeles County Metropolitan Transportation Authority (“LACMTA”), et al. for damages arising from a motor vehicle accident. The complaint alleges that Plaintiff was a passenger on defendants' bus, when defendant Joh n Doe suddenly applied the brakes while the bus was in motion, causing Plaintiff to fall off her seat. The complaint sets forth two causes of action for (1) motor veh...
2024.03.11 Demurrer 568
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.11
Excerpt: ...c Parking, Inc. (“Automac”), and Does 1 to 50 for damages arising from a slip and fall on water. Plaintiff filed amendments to complaint naming Octopus Japanese Cuisine, Inc. as Doe 1 and Octopus Restaurant Long Beach, Inc. (“Octopus Restaurant”) as Roe 2. On December 13, 2023, the Court granted 200 Pine's motion for summary adjudication (MSA) in part as to Octopus Restaurant's duty to defend 200 Pine against Plaintiff's claims. (Min. Ord...
2024.03.11 Motion for Summary Judgment 253
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.11
Excerpt: ...cy, 5600 Gateway Center, LLC ("5600 Gateway'), H.B.D. Incorporated ("H.B.D.'O, Burger King Corporation for damages relating to an incident wherein Plaintiff alleges after he had an argument with one of defendants' employee, Plaintiff was shot in the back Complaint ("PAC") sets forth four causes of action for (1) negligence, (2) negligent hiring, training, supervision, (3) assault & battery, and (4) premises liability. Defendants 5600 Gateway and ...
2024.03.08 Motions to Compel Production of Docs 242
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.08
Excerpt: ...laintiff) on October 25, 2022. Additionally, Defendant propounded form interrogatories, set Ävo, on Plaintiff on December 15, 2022. On November 25, 2022, Plaintiffs counsel served unverified responses to the RPDs, and served unverified responses to the form interrogatories, set Ävo, on Januaty 14, 2023. Defense counsel sent several correspondences requesting verified responses without objections. To date, Defendant has not received verified res...
2024.03.08 Motion to Set Aside Dismissal 191
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.08
Excerpt: ...endent Taxi Owners Associations and Hamidereza Eghbalpour (“Defendants”) for damages arising from an automobile collision. On October 27, 2022, this matter was called for non -jury trial, and after no appearances or contact by either party, the Court dismissed Plaintiff's complaint without prejudice. (Min. Order, Oct. 27, 2022.) On April 24, 2023, Plaintiff filed the instant motion to set aside the dismissal. II. Motion to Set Aside Code Civ....
2024.03.08 Motion to Compel Deposition 695
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.08
Excerpt: ...ison H. Choi (“Defendants”) to appear for their depositions and to pay monetary sanctions. Trial is currently set for March 26, 2024. Any opposition was due on or before February 26, 2024; none was filed. II. Motion to Compel Deposition 1. Legal Standard CCP § 2025.450(a) provides, “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an o...
2024.03.08 Motion to Compel Deposition 461
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.08
Excerpt: ...tana ("Fontana"). Fontana is also a named defendant in this action. Any opposition to the motion was due by February 26, 2024; no opposition has been filed. II. Compel Deposition CCP S 2025.450(a) provides, "If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid o...
2024.03.08 Motion for Terminating Sanctions 324
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.08
Excerpt: ...a motor vehicle collision. Defendant now moves for terminating sanctions agamst Plaintiff to dismiss Plaintiffs action for failing to serve verified discovery responses in compliance with the Courts August 24, 2023 Order pertaining to Defendants motion to compel discovery responses. Defendant requests monetary sanctions in addition to terminating sanctions. Any opposition was due on or before February 26, 2024; none was filed. II. Motion for Term...
2024.03.07 Motion for Summary Judgment 041
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.07
Excerpt: ...rovide consumers adequate care while on the premises. (Compl. at p. 5.) Plaintiff sets forth fivo causes of action for premises liability and general negligence. On September 27, 2023, Plaintiff filed a request for dismissal ofthe premises liability claim only, which was entered on September 28, 2023. Defendant Walmart Inc„ erroneously sued as Walmart Supercenter, Incu ("Defendant") now moves for summary judgment on Plamtiffs sole cause of acti...
2024.03.07 Demurrer to Complaint 649
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.07
Excerpt: ...i (“Defendants”) for injuries arising from a trip and fall due to inadequate lighting conditions on Defendants' property. The complaint sets forth two causes of action for premises liability and negligence. Defendants now demur to the complaint, arguing that the causes of action fail to state sufficient facts to constitute a claim against them. Plaintiff opposes the demurrer, and Defendants filed a reply. 1. Moving Argument Defendants argue t...
2024.03.07 Motion to Compel Further Responses 944
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.07
Excerpt: ...ant moves for an order compelling Plaintiff to provide further responses to Requests for Admission ("RPAs"), set one, as to Nos. 3, 4, and 5. Defense counsel avers the motion is titled as a compel initial rather than compel further based on instructions of this Court. (Mandalia Decl. 33.) The Court has no recollection of advising defense counsel in this manner. Nonetheless, because the Court has recollection of the continuous issues for a meaning...
2024.03.07 Motion to Deem RFAs Admitted 242
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.07
Excerpt: ...issions (RFAs), set one, on Plaintiff Samuel Yun (“Plaintiff”) on December 15, 2022. (Hoy Decl. ¶ 3; Exh. A.) After receiving no response, defense counsel sent meet and confer emails requesting responses be provided without objections. On January 14, 2023, Plaintiff's counsel served unverified responses. ( Id. at ¶ 6; Exh. D.) To date, Defendant has not received verified responses to its RFAs, set one. ( Id. at ¶ 7.) Defendant therefore se...
2024.03.07 Motions to Compel Responses 225
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.07
Excerpt: ... and (3) RPDs, set one, on plaintiff Patrick Rayfield ("Plaintiff') on April 2 7, 2023. After granting Plaintiff three requests for an extension, with responses ultimately being due on October 27, 2023, Plaintiff has failed to serve responses to date. Vons therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovety and to pay sanctions. Any opposition was due on or before February 23, 2024; the motio...
2024.03.06 Motions to Compel, to Continue Trial 225
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.06
Excerpt: ...4;Kehe”) propounded (1) form interrogatories, set one, (2) special interrogatories, set one, and (3) RPDs, set one, on plaintiff Patrick Rayfield (“Plaintiff”) on June 15, 2023. After granting Plaintiff three requests for an extension, with responses ultimately being due on Octob er 27, 2023, Plaintiff has failed to serve responses to date. Kehe therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding...
2024.03.06 Motion to Compel Responses 242
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.06
Excerpt: ...5, 2022. (Hoy Decl. 3; Exh. A.) On November 25, 2022, Plaintiffs counsel served unverified responses. (ld. at 4; Exh B.) Defense counsel sent several correspondences requesting verified responses without objections. To date, Defendanthas not received verified responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Any opposition was due on or before Febr...
2024.03.06 Motion for Terminating Sanctions 995
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.06
Excerpt: ...g from an automobile collision. Defendant now moves for terminating sanctions against Plaintiff action on the grounds that Plaintiff failed to fully abide by the Court's May 31, 2023 Order by not paying monetary sanctions. Plaintiff opposes the motion, and Defendant filed a reply. II. Terminating Sanctions Code of Civil Procedure § 2023.030 gives the court the discretion to impose sanctions against anyone engaging in a misuse of the discovery pr...
2024.03.06 Motion for Judgment on the Pleadings 464
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.06
Excerpt: ... a trip and fall over a displaced section of a concrete walkway. The complaint alleges a single cause of action for premises liability. The City moves for judgment on the pleadings on the grounds that it is not liable for common law negligence. Plaintiff opposes the motion, and the City filed a reply. II. Motion for Judgment on the Pleadings 1. Legal Standard A defendant may move for judgment on the pleadings when the “complaint does not state ...
2024.03.06 Demurrer to FAC, Motion to Strike 063
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.06
Excerpt: ...ff Jerry Woldum (“Plaintiff”) filed a First Amended Complaint (“FAC”) against defendants East L.A. Dialysis Center, et. al. for damages arising from a heavy gate that fell on Plaintiff while Plaintiff attempted to reposition it. The FAC sets forth three causes of action for (1) negligence, (2) premises liability, and (3) intentional infliction of emotional distress (“IIED”) against all defendants. The FAC includes a prayer for punitiv...
2024.03.05 Motion to Vacate or Set Aside Dismissal, for Terminating Sanctions 980
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.05
Excerpt: ... defendant Century Hill Association (“Defendant”) for injuries arising from an alleged dangerous condition of Defendant's property. On October 18, 2022, the Court granted Defendant's unopposed motion for terminating sanctions on the grounds that Plaintiff failed to serve discovery responses in compliance with the Court's August 18, 2022 Order. Plaintiff's counsel did not appear at the hearing, and Plaintiff's action against Defendant was dism...
2024.03.05 Motion to Strike 420
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.05
Excerpt: ...geles (“County”) for damages arising from an automobile incident. The complaint sets forth a single cause of action for negligence, and includes a prayer for punitive damages. The County now moves to strike the prayer for punitive damages. As of February 21, 2024, no opposition was filed. II. Legal Standard 1. Procedural Before filing a motion to strike, the moving party shall meet and confer in person or by telephone with the party who has f...
2024.03.05 Motion to Deem RFAs Admitted 523
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.05
Excerpt: ...n defendant Jose Noyola (“Defendant”) on August 16, 2023. Responses were due on or before September 16, 2023. However, Defendant has not served responses to date despite Plaintiff's counsel's numerous attempts to meet and confer. Plaintiff therefore seeks an order deeming the RFAs admitted against Plaintiff. The motion was previously heard and denied on December 15, 2023 due to a service issue regarding Defendant's attorney's of record. Since...
2024.03.04 Motion to Compel Compliance with Deposition Subpoena 151
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.04
Excerpt: ...Liat Beroukhai (“Defendant”) for damages arising from an automobile incident. Plaintiff now moves to compel the deposition and production of documents of non - party Jonathan Marsand Balter (“Balter”). Plaintiff asserts he served Balter with a valid deposition subpoena that required Balter to appear for his deposition on October 18, 2023, but Balter failed to appear. The motion is unopposed. II. Motion to Compel Non -Party Deposition A pa...
2024.03.04 Motion for Summary Judgment 183
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.04
Excerpt: ...t of a trip and fall on uneven pavement on April 29, 2021. The complaint sets forth a single cause of action for premises liability. A. Moving Argument Defendant argues that the uneven pavement was a trivial defect as a matter oflaw, because it measured at 7/8 (or 0.875) of one inch at its highest point and that there were no aggravating factors such as any jagged edges, broken pieces, obstructions, or shadows ccrv•enng the offset There have be...
2024.03.04 Demurrer to FAC, Motion to Strike 063
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.04
Excerpt: ...ff”) filed a First Amended Complaint (“FAC”) against defendants East L.A. Dialysis Center, et. al. for damages arising from a heavy gate that fell on Plaintiff while Plaintiff attempted to reposition it. The FAC sets forth three causes of action for (1) negligence, (2) premises liability, and (3) intentional infliction of emotional distress (“IIED”) against all defendants. The FAC includes a prayer for punitive and exemplary damages. De...
2024.03.01 Motion to Compel Third Physical Exam 551
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2024.03.01
Excerpt: ...a trip and fall over a moving cart. Trial is currently set for April 29, 2024. On November 17, 2023, defendant Macy's Retail Holdings, LLC (erroneously sued as Macy's) (“Defendant”) filed the instant motion for leave to obtain an additional independent medical examination (“IME”) of Plaintiff with Defendant's neurosurgeon Paul E. Kal oostian, M.D. (“Dr. Kaloostian”) for Plaintiff's alleged spinal injury. Any opposition was due on or b...

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