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2024.05.31 Motion to Deem RFAs Admitted 911
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.31
Excerpt: ...stment”), Joshua Shane Gatton, and Does 1 through 50. On September 30, 2021, in Case No. 21STCV35951, Philip Rafle filed a complaint against Joshua Gatton, Bragg Investment, Bragg Crane Service, and Does 1 through 20. The two cases matters were related on February 22, 2022, and consolidated on September 21, 2022. On March 26, 2024, Plaintiff served Requests for Admission (Set Two) (the “RFAs”) on Bragg Investment. (Hong Decl., ¶ 2 & Exh. 1...
2024.05.31 Motion to Consolidate Cases 107
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.31
Excerpt: ...”), and Does 1 through 50. On September 29, 2022, McLellan and Sunrise filed their answer. On September 30, 2022, in this case, Case No. 22STCV32107, Christine Tanaka (“Tanaka”) filed a complaint against McLellan, Sunrise, Amazon Content Services, LLC (“Amazon Content”), and Does 1 through 25. On June 5, 2023, McLellan and Sunrise filed an answer. On August 7, 2023, McLellan, Sunrise, and Amazon Content filed an amended answer. On Decem...
2024.05.31 Motion for Terminating, Issue, Evidence, Monetary Sanctions 786
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.31
Excerpt: ..., while Plaintiff was visiting a guest at Defendant's premises, she sat on a bench, the bench collapsed, and she sustained injuries as a result. On March 30, 2022, ESAP filed its answer. On July 21, 2022, Plaintiff amended the complaint to name ESH Hospitality, Inc., as Doe 1. On September 19, 2022, Defendant ESA Management, LLC (“ESAM”), erroneously sued as Extended Stay America, Inc. and ESH Hospitality, Inc., filed its answer. On June 12, ...
2024.05.31 Motion for Summary Judgment 249
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.31
Excerpt: ...35, et seq., (2) Negligence – negligent hiring & supervision under Government Code sections 815.2(a), 815.4, 815.6 & 820(a), (3) Premises Liability, and (4) General Negligence, arising out of a bike accident occurring on July 27, 2019, on or near Milwood Avenue in Ve nice. On November 10, 2020, Plaintiff filed the First Amended Complaint (“FAC”), asserting the same causes of action against the same defendants. On January 5, 2021, City of Lo...
2024.05.31 Motion to Continue Trial 586
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.31
Excerpt: ...Mier hitting decedent Alonso Avalo with his car. On June 27, 2022, Plaintiff filed the First Amended Complaint against the same defendants for the same causes of action. On May 1, 2024, Plaintiff filed the motion to continue trial. No opposition has been filed. Legal Standard Code of Civil Procedure section 128, subdivision (a)(8), provides that the court has the power to amend and control its process and orders so as to make them conform to law ...
2024.05.30 Motion to Dismiss Complaint for Delay in Prosecution 285
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.30
Excerpt: ...g ba throom sink metal. On August 16, 2019, Plaintiff amended the complaint to name Burbank Town Center as Doe 1. On December 7, 2020, Plaintiff filed the complaint to name CAPREF Burbank LLC (“CAPREF”) as Doe 2. CAPREF filed an answer on March 9, 2021. On December 28, 2020, the Court, at the request of Plaintiff, dismissed without prejudice all causes of action in the complaint against Burbank Mall Associates, LLC. On October 25, 2023, Plain...
2024.05.30 Motion to Compel Responses, to Deem RFAs Admitted 370
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.30
Excerpt: ...sional negligence against Pedram Sooferi, D.D.S., Sean Sooferian, D.D.S., and Does 1 through 50, based on events occurring during a visit to Defendants' dental office on March 18, 2021. The named defendants filed their answers on September 7 and 19, 2023. On February 21, 2024, Defendant Pedram Sooferi (“Defendant”) served discovery on Plaintiff, including Requests for Admission (Set One) and Form Interrogatories (Set Two). (Hertzog Decls., ¶...
2024.05.30 Motion to Compel Responses 355
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.30
Excerpt: ...hicle accident on May 26, 2023, at or near the intersection of Broadway and Washington Boulevard in Los Angeles. On August 24, 2023, in Case No. 23STCV20355, Francisco Hitabarada filed a complaint for negligence against Los Angeles County Metropolitan Transit Authority (“LACMTA”), E. Cuchilla, and Does 1 through 25. LACMTA filed an answer on October 10, 2023. On October 4, 2023, in Case No. 23STCV24175, Noah Williams (“Williams”) filed a ...
2024.05.30 Motion to Compel Deposition 291
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.30
Excerpt: ...their answer on March 17, 2023. On April 24, 2023, a stipulation was filed setting aside default against Defendants. As it relates to the matter currently before the Court and set for hearing on May 30, Defendants initially noticed the deposition of Plaintiff Fatima Adauta (“Plaintiff”) for October 5, 2023. (Messina Decl., ¶ 4.) The deposition was taken off calendar at Plaintiff's request. ( Id. , ¶ 5.) Plaintiff indicated that she was avai...
2024.05.29 Motion to Compel Deposition 166
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.29
Excerpt: ...s initially noticed the deposition of Plaintiff for May 22, 2023. (Trafton Decl., ¶ 2 & Exh. A.) Defendants then continued the date of the deposition to September 19, 2023. (Id. , ¶ 3 & Exh. B.) Plaintiff advised that she was not available on that date; Defendants requested available dates in October, but Plaintiff did not respond. (Id. , ¶ 4 & Exh. C.) Defendants then noticed the deposition for December 4, 2023. (Id. , ¶ 5 & Exh. D.) Plainti...
2024.05.29 Motion for Summary Judgment 420
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.29
Excerpt: ...serting causes of action for medical malpractice and lack of informed consent, arising out of medical care and several procedures for cataracts during the period of June through September 2020. Mercy and Khanna filed an answer on January 27, 2022. Unzueta filed an answer on January 28, 2022. On October 5, 2023, Khanna filed a motion for summary judgment, with a hearing date of December 19, 2023. On October 6 2023, Mercy filed a motion for summary...
2024.05.29 Motion to Continue Trial 475
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.29
Excerpt: ...dant appeared and filed a demurrer on May 17, 2023. The demurrer was sustained, with leave to amend, and Plaintiff a First Amended Complaint (“FAC”) on June 22, 2023. Defendant demurred to the FAC. The Court overruled the demurrer in part and sustained it in part (without leave to amend) on October 12, 2023. Defendant filed an answer to the FAC on November 3, 2023. On April 22, 2024, Defendant filed a motion for summary judgment. On April 29,...
2024.05.29 Motions to Compel Compliance with Two Deposition Subpoenas for Production of Business Records 414
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.29
Excerpt: ..., Inc., and Caliber Holdings Corporation for general negligence and motor vehicle negligence arising out of an automobile accident occurring on June 15, 2021. On September 18, 2023, Caliber Holdings, LLC (erroneously sued as Caliber Holdings Corporation) (“Caliber”) and Wand Topco, Inc. (“Wand Topco”) filed an answer. On October 19, 2023, the Court, on the request of Plaintiffs, dismissed without prejudice the causes of action asserted ag...
2024.05.23 Motion to Compel Deposition 503
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.23
Excerpt: ...The Court does not see an answer to the complaint in the file. Defendant appeared in this action in November 2021 and has been litigating the matter. Defendant has noticed Plaintiff's deposition on multiple occasions, beginning in December 2022. (Bell Decl., ¶¶ 4 -9 & Exhs. A -E.) In February 2024, Plaintiff confirmed that she was available for deposition on March 19, 2024. ( Id. , ¶ 10 & Exh. F.) Defendant then served a notice for Plaintiff t...
2024.05.23 Motion for Determination of Good Faith Settlement 022
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.23
Excerpt: ...ondition of Public Property, (2) Negligence and Motor Vehicle, and (3) Wrongful Death, arising out of a vehicle collision that occurred on March 13, 2021. County of Los Angeles was dismissed from this action on February 23, 2024. On March 21, 2024, City of Los Angeles filed its answer and cross -complaint against Abel Reyna for indemnification, apportionment of fault, and declaratory relief. On April 19, 2024, Abel Reyna (“Reyna”) filed an an...
2024.05.22 Motion to Quash or Limit Subpoena 773
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.22
Excerpt: ...1 through 20. On or about February 20, 2024, Defendants issued a subpoena to Bristlecone, Inc., seeking testimony and the production of documents (the “Subpoena”). (Masserat Decl., ¶ 3 & Exh. A.) The Subpoena seeks testimony on three topics: (1) Plaintiff's employment and job duties; (2) the termination of Plaintiff's employment; and (3) variable compensation provided to Plaintiff, including eligibility for compensation payments and performa...
2024.05.22 Motion to Compel Physical Exam 956
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.22
Excerpt: ...ix Entertainment, and Does 1 through 50. In the Complaint, Plaintiff alleges that on July 11, 2021, she was “walking to a table at Defendants' place of business when she slipped and fell on the wet floor, falling and sustaining bodily injuries including a facial fracture.” (Complaint, at p. 4.) On January 26, 2023, Defendants Topanga Entertainment, Inc. (erroneously sued as Vive Night Club) (“Topanga”) and Ruben Aguinaga (“Aguinaga”) ...
2024.05.22 Motion to Compel Deposition 939
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.22
Excerpt: ...ention, all arising from a physical altercation occurring on March 15, 2020. In January and February 2023, Plaintiff amended the complaint to name Allied Universal Security Services Universal Protection Service LPP as Doe 1 and Allied Barton Security Services LP as Doe 2. On March 27, 2023, Defendant Universal Protection Service LP dba Allied Universal Security Services, erroneously served as Allied Barton Security Services LP (“Defendant”) f...
2024.05.22 Motion for Leave to Conduct Second Physical Exam 635
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.22
Excerpt: ... section 815.2 arising out of an automobile accident that occurred on September 20, 2020, on Santa Fe Avenue in Los Angeles. On June 3, 2022, Defendant County of Los Angeles, erroneously sued as The Los Angeles County Sherif's Department (“County”), filed its answer. On April 3, 2024, County filed this motion for leave to conduct a second physical examination of Plaintiff Guaman. Plaintiff filed an opposition on May 9, and County filed a repl...
2024.05.22 Motion for Determination of Good Faith Settlement 220
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.22
Excerpt: ...liability arising out of an ATV accident occurring on June 12, 2021 in Idaho. On October 12, 2022, Russell Lyster (“Lyster”) filed his answer. On December 8, 2022, Committed Fellowship filed its answer. On March 24, 2023, Hope Ranch Cattle Company, LLC (“Hope Ranch”) filed its answer. On May 9, 2023, Isaiah Morales (“Morales”) filed his answer. On April 19, 2024, Defendants Lyster, Hope Ranch, and Morales (collectively “Defendants�...
2024.05.21 Motion to Compel Responses 809
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.21
Excerpt: ...gainst Julio Leon -Yepez (“Defendant”) and Does 1 through 25 for motor vehicle negligence arising out of an automobile accident occurring on August 18, 2021. On May 16, 2023, Defend ant filed his answer. In another case arising out of the same accident, Case No. 22STCV06144, Plaintiff Rafaela Ramirez filed a complaint against Defendant and Does 1 through 100 on February 18, 2022. The two cases were related by Court order on April 26, 2024. In...
2024.05.21 Motion to Compel Responses 652
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.21
Excerpt: ...1 to 50 for medical negligence arising from an injury sustained on November 6, 2019. Defendant filed an answer to the complaint on June 7, 2023. Also on June 7, 2023, Defendant served Plaintiff with written discovery, including Form Interrogatories (Set One), Special Interrogatories (Set One), and Requests for Production (Set One). (Trobough Decl., ¶¶ 2, 5 & Exhs. A -C.) Despite requesting and receiving two extensions of time, Plaintiff did not...
2024.05.20 Motion to Compel Deposition 650
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.20
Excerpt: ...Does 1 to 25, asserting causes of action for negligence and premises liability. On September 30, 2021, Plaintiff amended her complaint to name Sprouts Farmers Market, Inc. as Doe 1. (Plaintiff named additional defendants on November 5, 2021, and subsequently filed a request to dismiss those defendants on May 23, 2022.) On December 3, 2021, Defendant SF Markets, LLC (“SF”) filed an answer. On October 12 and 14, 2022, Plaintiff amended her comp...
2024.05.20 Application to Withdraw and Amend Responses to RFAs 581
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.20
Excerpt: ...grant in part the alternative request of Plaintiff for monetary relief, to grant the alternative request of Plaintiff to reopen discover y for the limited purpose of allowing Plaintiff to conduct discovery on this issue, and to continue the trial. The Court's tentative ruling is to deny Defendants' application to continue trial. This is only a tentative ruling. It is not an order of the Court and should not be treated as or relied on as a court o...
2024.05.17 Motion to Quash 851
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.17
Excerpt: ... Place and San Marino Street in Los Angeles. On November 2, 2021, Plaintiffs amended the complaint to name Fernan Marticio Balicoco (“Defendant”) as Doe 1. On January 10, 2022, Plaintiffs filed a request to dismiss, with prejudice, the causes of action in the complaint against Defendant Adelio Anglito Cruz (only). On August 19, 2022, the Court granted Defendant's first motion to quash service of summons and complaint, based on evidence that D...

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