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2023.08.29 Motion to Compel Responses, for Monetary Sanctions 902
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.29
Excerpt: ...de of Civ. Proc., §§ 2030.260(a), 2031.260(a).) However, if interrogatories and inspection demand are served by electronic service, a responding party has an additional 2 court days to respond. (Code of Civ. Proc., § 1010.6(a)(3)(B).) If the responding party fails to timely respond to the interrogatories, “The party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as...
2023.08.28 Motion to Continue Trial 518
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.28
Excerpt: ...018 at or around 7001 Garfield Avenue, Bell Gardens, CA 90201 due to Defendants alleged negligent acts. Trial is currently set for March 13, 2024. On May 9, 2023, Defendant Francisco Jose Maisch (“Defendant”) filed two discovery motions. They are scheduled to be heard on April 3, 2024, after the trial date. (Mittskus Decl., ¶ 3.) On July 10, 2023, Defendant filed another discovery motion. That motion is scheduled to be heard on March 27, 202...
2023.08.28 Motion to Compel Further Responses, for Terminating Sanctions 988
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.28
Excerpt: ...25, alleging causes of action for motor vehicle negligence, general negligence, and negligent infliction of emotional distress (“NIED”). In addition to physical injuries, and general damages, Plaintiff alleges (among other things) lost earnings and emotional distress from seeing injuries to his minor child, who was riding in the car with him. On September 29, 2022, Defendant filed his Answer. On August 8, 2022, Plaintiff served discovery on D...
2023.08.28 Motion to Compel Deposition of PMQ, for Sanctions 207
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.28
Excerpt: ...ccessful efforts to obtain an agreement for the date of Defendant's person most qualified (PMQ) on certain identified subjects, Plaintiff's counsel noticed the deposition for January 10, 2023. (Nalbandyan Decl., Exhs. A, D, E, F, I.) Defendant objected to the deposition notice on the sole ground that Plaintiff had scheduled the deposition unilaterally and that the deponent and counsel were “not available.” (Id., Exh. J.) Defendant did not pro...
2023.08.25 Motion to Compel Responses, for Monetary Sanctions 925
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.25
Excerpt: ...gligence and general negligence against Defendant Serghei Vasilievich Petrenco (“Defendant”). Defendant filed an answer on March 9, 2023. On May 17, 2023, Plaintiff served Form Interrogatories (Set One) and Special Interrogatories (Set One) on Defendant. (Champion Decl., ¶ 2 & Exh. 1.) Defendant requested, and Plaintiff agreed to, a three-week extension of time for Defendant to respond. (Id., ¶ 4 & Exh. 3.) Notwithstanding the extension, De...
2023.08.25 Motion to Compel Deposition, for Sanctions 010
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.25
Excerpt: ...tion of Plaintiff for July 17, 2023. (Reddiconto Decl. filed 7/19/23, ¶ 27 & Exh. 22.) Plaintiff counsel served an objection to the deposition notice that stated only that the deposition date had not been agreed to in advance. (Id., Exh. 23.) Plaintiff did not offer alternative dates. (Id.) Defendant refused to take the deposition off calendar and took Plaintiff's non-appearance. (Id., ¶¶ 29-32 & Exh. 26.) Defendant then followed up with Plain...
2023.08.24 Motion to Compel Responses, for Sanctions 651
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.24
Excerpt: ... asserting a cause of action for premises liability stemming from an injury allegedly sustained on or about October 2, 2019, on Defendant's premises. On January 3, 2023, Defendant Big Lots Stores – PNS, LLC (erroneously sued as Big Lots Stores, Inc.) (“Defendant” filed an answer to the complaint. The same day, Defendant served Form Interrogatories (Set One), Special Interrogatories (Set One), and Requests for Production (Set One) on Plainti...
2023.08.23 Motions to Compel Responses, for Monetary Sanctions 686
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.23
Excerpt: ...County of Los Angeles, erroneously sued as Los Angeles County Sheriff's Department (“Defendant”), filed an answer to the complaint. On the same day, Defendant served discovery on Plaintiff Terrell Lee (“Plaintiff”), including Form Interrogatories (Set One), Special Interrogatories (Set One), Requests for Production (Set One). Defendant also served on Plaintiff a Request for Statement of Damages. (Whitelaw Decls., ¶¶ 3-4 & Exhs. A-B.) Pl...
2023.08.23 Motion to Set Aside Dismissal 448
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.23
Excerpt: ...nts Aaron Lee Ruskin, Shauna Ruskin, George Favela, and Does 1 through 50. On December 13, 2018, Defendants Aaron Lee Ruskin and Jorge Favela (erroneously sued as George Favela) (“Defendants”) filed an answer. (Defendant Shauna Ruskin subsequently filed an answer, but all claims against her were dismissed.) When the complaint was filed, attorney Vahagn Koshkaryan represented all three plaintiffs. On December 26, 2019, Plaintiff Alvarez (only)...
2023.08.23 Motion to Quash 465
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.23
Excerpt: ...ted, and maintained by Defendant Yard House USA, Inc. (sued as The Yard House, L.P.) (“Defendant”) on Shoreline Village Drive in Long Beach, California. On August 16, 2022, Plaintiff filed her complaint against Defendant and Does 1 through 100. On September 27, 2022, Defendant filed its answer. On or about June 13, 2023, Defendant issued a subpoena to American Express, Plaintiff's current employer, for all of her personnel records, payroll re...
2023.08.22 Motions to Compel Responses 982
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.22
Excerpt: ...nc. and Does 1 through 100, alleging the following causes of action: (1) negligence; (2) vicarious liability; (3) strict products liability; (4) negligence – products liability; and (5) negligence – failure to warn. On July 19, 2023, Defendant Carson Trailer Inc. (hereinafter, “Defendant”) filed three separate motions seeking to compel Plaintiff Antonio Iezza III (“Plaintiff”) to provide initial responses to Defendant's Form Interroga...
2023.08.22 Motions to Compel Depositions 588
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.22
Excerpt: ...n Compton, California. On May 9, 2022, Defendant Alpha Beta Company (“Defendant”) filed an answer. On May 25, 2023, Plaintiff served two deposition notices that are the subject of the two motions set for hearing: (1) a notice that Plaintiff would take the deposition of Defendant's employee Alondra Garcia Carcamo (“Garcia”) by Zoom video conference on July 18, 2023; and (2) a notice that Plaintiff would take the deposition of Defendant's p...
2023.08.21 Motion to Deem RFAs Admitted, for Sanctions 840
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.21
Excerpt: ...Plaintiff's vehicle. Plaintiff filed the Complaint on June 28, 2021. Defendant filed the Answer on January 25, 2022. On or about September 28, 2022, Plaintiff served Defendant with Requests for Admissions, Set Two. (Choo Decl., ¶ 5 & Exh. 2.) Defendant never responded. (Id., ¶ 7, 10.) Plaintiff filed the instant Motion for an Order to have Truth of Matters Specified in Plaintiff's Request for Admissions Deemed Admitted and for Sanctions of $754...
2023.08.18 Motion to Compel Initial Responses, for Sanctions 566
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.18
Excerpt: ...g other things) that Defendant “raised her glass of water towards Plaintiff, stared at him and sta[r]ted yelling obscene words at Plaintiff right before threw the glass at Plaintiff from a distance of less than four (4) from Plaintiff.” (Complaint, ¶ 9.) Plaintiff asserts (among other things) that the glass hit him “on the left cheekbone area injuring Plaintiffs cheekbone, left eye socket and left ear.” (Id., ¶ 10.) Plaintiff filed the ...
2023.08.17 Motions to Compel Discovery, for Monetary Sanctions 319
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.17
Excerpt: ...y 29, 2022. The same day that she filed her answer, Defendant propounded form interrogatories, special interrogatories, requests for production, and requests for admission. (Clark Decls., ¶ 2.) The responses were initially due on or about August 31, 2022. (Ibid.) After numerous extensions were requested and granted, Plaintiff's responses were due on February 16, 2023. (Id., ¶¶ 3-10.) What happened next, or did not happen next, is subject to di...
2023.08.17 Motion to Quash Subpoenas 391
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.17
Excerpt: ... only concerning Plaintiff's neck, left shoulder, and back, and further MODIFIED them to be limited to records only from January 1, 2019 to the present and, with those limitations, otherwise DENIES the motion to quash. Background On November 29, 2021, Plaintiff Manuel Lopez Osorio (“Plaintiff”) filed this action against Defendants Ashik B. Mostofa, Administrative Services Cooperative, Inc., Yellow Cab Cooperative, Inc., and Does 1 to 50, asse...
2023.08.17 Motion to Enforce Settlement 145
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.17
Excerpt: ...on, Department of California Highway Patrol, Teron Liggins, and Trino Naranjo alleging causes of action for dangerous condition of public property, negligence (two counts), negligent infliction of emotional distress, and loss of consortium. This is referred to as the “Gutierrez Action.” On February 14, 2022, in case number 22STLC00914, Plaintiff Aspire General Insurance Company filed a complaint for subrogation against Defendant Teron Liggins...
2023.08.16 Motion to Continue Trial 875
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.16
Excerpt: ... by defendants. On April 7, 2022, Plaintiff filed her Complaint asserting causes of action for negligence and negligent hiring, supervision, and retention against Defendants P.W. Stephens Environmental, Inc. (“PWSE”), Mike Jabbour (“Jabbour”), and Does 1 through 50. After Jabbour's demurrer was sustained with leave to amend, Plaintiff filed her First Amended Complaint (“FAC”) on August 8, 2022. PWSE filed its answer to the FAC on Sept...
2023.08.16 Motion to Compel Physical Exam, Mental Exam 956
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.16
Excerpt: ...Complaint asserting causes of action for (1) general negligence and (2) premises liability against defendants Vive Night Club, Ruben Aguinaga, individually and dba Vive Night Club, Matrix 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 ...
2023.08.16 Motion to Compel Initial Responses, for Sanctions 566
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.16
Excerpt: ...alleges (among other things) that Defendant “raised her glass of water towards Plaintiff, stared at him and sta[r]ted yelling obscene words at Plaintiff right before threw the glass at Plaintiff from a distance of less than four (4) from Plaintiff.” (Complaint, ¶ 9.) Plaintiff asserts (among other things) that the glass hit him “on the left cheekbone area injuring Plaintiffs cheekbone, left eye socket and left ear.” (Id., ¶ 10.) Plainti...
2023.08.16 Demurrer 216
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.16
Excerpt: ... Plaintiff was on Defendant's premises. On July 20, 2023, Defendant FSC Corporation DBA Il Pastaio, Inc. filed a demurrer. No opposition has been filed. Legal Standard A general demurrer tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th...
2023.08.15 Motions to Compel Discovery Responses 804
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.15
Excerpt: ...er 13, 2018 on Bundy Drive in the County of Los Angeles. The named defendants filed their answers on March 24, 2002; September 1, 2022; and January 18, 2023. On May 9, 2023, Defendant James Pierre (“Defendant”) served (a) Special Interrogatories, Set Two (Nos. 36-37); (b) Supplemental Requests for Production of Documents; and (c) Supplemental Interrogatories. (Mendoza Decls., ¶ 3 & Exh. A.) As of the date of filing, no responses had been rec...
2023.08.15 Motion to Continue Trial 542
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.15
Excerpt: ...cle collided with Plaintiff Martorell's vehicle; and the force of the collision pushed Plaintiff Martorell's vehicle into Plaintiff Roper's vehicle. (Complaint, ¶¶ 8-9, 21.) Defendant Lyft filed an answer on April 27, 2020. Defendant Zepeda Garcia was served by substitute service on or about June 4, 2020. He filed a motion to quash the service, but he failed to appear at the hearing, and the motion was taken off calendar. His default was taken ...
2023.08.15 Motion to Contest Good Faith of Settlement 429
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.15
Excerpt: ...Angeles, California. Plaintiff filed the Complaint on February 4, 2021, asserting causes of action for motor vehicle negligence and general negligence against Defendants Dmitrii Toradze (“Toradze”), Christian James Glover (“Glover”), and Does 1 through 50. The Complaint alleges that Glover was driving behind Plaintiff; that Toradze was driving behind Glover; and that a collision between Toradze and Glover caused Glover's vehicle “to vio...
2023.08.15 Motion to Compel IME, for Sanctions 352
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.15
Excerpt: ...ff. (Mendoza Decl., ¶¶ 4, 7 & Exhs. B, D.) First, on November 23, 2022, Defendant served a demand for Plaintiff's independent medical examination, setting the examination for December 15, 2022. (Id., ¶ 4; Exh. B.) The examination was rescheduled for December 22, 2022. (Id., ¶ 5; Exh. C.) Plaintiff failed to serve a response to Defendant's demand for examination. On December 22, 2022, Plaintiff failed to appear for the examination. (Id., ¶ 6....

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