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2023.07.28 Motion to Continue Trial 593
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.28
Excerpt: ... to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial. (Id., Rule 3.1332(c).)...
2023.07.27 Motion for New Trial 316
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.27
Excerpt: ...fense of immunity pursuant to Government Code section 831.4. On June 5, 2023, Plaintiff filed the instant motion for new trial. On June 15, 2023, Defendant City filed its opposition papers. As of July 26, 2023, no reply papers have been filed. Legal Standard “A motion for new trial is a creature of statute; . . .” (Neal v. Montgomery Elevator Co.¿(1992) 7 Cal. App. 4th 1194, 1198.) A movant must satisfy Code of Civil Procedure sections 657 a...
2023.07.27 Motion for Undertaking 908
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.27
Excerpt: ...may be awarded in the action.” (C.C.P. § 1030(a).) To prevail on a motion under section 1040, the defendant must show (1) “that the plaintiff resides out of the state or is a foreign corporation” and (2) “that there is a reasonable possibility that the moving defendant will obtain judgment in the action.” (C.C.P. § 1030(b).) The motion can be brought at any time. (C.C.P. § 1030(a).) The trial court has no authority to deny the motion...
2023.07.26 Motions to Compel, for Sanctions 135
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.26
Excerpt: ...inclusive, for negligence arising from a motor vehicle incident that occurred on or about May 26, 2019 on the I-5 Freeway in Pacoima, California. On August 12, 2022, Defendants/Cross-Complainants Fook Choon Lee and PV Holding Corp. filed a cross-complaint against Defendants/Cross-Defendants Henry Muyomba, the Estate of Henry Muyomba, Susan Tamale Nantongo, and ROES 1 to 20. On May 11, 2022, the Court granted the request of Plaintiffs' counsel Kyl...
2023.07.25 Motion to Compel Responses, for Sanctions 328
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.25
Excerpt: ...November 25, 2020, plaintiff Rosa Erika De Leon Fuentes (“Plaintiff”) sued defendants Carmen Maria Godinez and Carmen Denim, Inc., and DOES 1 to 100, inclusive, for 1) assault, 2) battery, 3) intentional infliction of emotional distress, 4) negligence, and 5) negligent hiring, supervision, and retention. On March 14, 2023, Plaintiff filed this motion to compel responses to Form Interrogatories, Set One from Defendant Carmen Maria Godinez (“...
2023.07.25 Motion for Terminating Sanctions 288
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.25
Excerpt: ... Liability, and (5) Mandatory Duty to Protect Against Injuries. Plaintiff alleges that on or about September 28, 2018, Plaintiff fell when she was walking in West Hollywood due to unscrewed plates on the sidewalk across from Time Warner. On March 15, 2023, the Court granted Defendant City of West Hollywood's motions to compel Plaintiff to provide verified responses to form interrogatories, special interrogatories, and request for production of do...
2023.07.25 Demurrer 125
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.25
Excerpt: ...ndants negligently entrusted, managed, maintained, drove, and operated defendants' vehicle involved in the collision. On June 9, 2023, Defendant Enterprise Rent-A-Car Company of Los Angeles, LLC (“Defendant') filed a demurrer. No opposition has been filed. Judicial Notice Defendant requests judicial notice of the Statement of Information for Enterprise Rent-A-Car Company of Los Angeles, LLC filed with the California Secretary of State. The Cour...
2023.07.24 Motion to Quash, for Sanctions 934
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.24
Excerpt: ...ssued to the Los Angeles Police Department to records relating to the incident in question. The Court grants the motion to quash the subpoena issued to the Los Angeles Fire Department. The Court denies Plaintiff's request for sanctions. Background On August 11, 2022, Plaintiff Robin Jean Zackery filed a Complaint against Defendant Oxford Grand, LLC. On May 24, 2023, the Court issued an order (on the stipulation of the parties) granting leave for ...
2023.07.24 Motion to Compel Deposition Answers 680
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.24
Excerpt: ...arty and a named defendant in the consolidated case, Weissman v. Petty, et al., Case No. 21STCV34351.) Plaintiff filed her motion on May 2, 2023. The dispute was not resolved at an Informal Discovery Conference held on June 13, 2023. Defendant filed his opposition on June 26, 2023, and Plaintiff filed her reply on June 30, 2023. The Court has reviewed the filings of the parties and issues the following tentative rulings. Analysis At his depositio...
2023.07.24 Motion for Terminating Sanctions 740
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.24
Excerpt: ...ucking, Inc. On August 31, 2021, Plaintiff filed a complaint for motor vehicle negligence and general negligence against Defendants. On March 25, 2022, the Court granted the motion of Plaintiff's counsel to be relieved as counsel. The Order prepared by Plaintiff's counsel and signed by the Court identified Plaintiff's current address as “605 Fishburn Avenue” in Huntington Park, California. The proof of service of the Order filed by Plaintiff'...
2023.07.24 Motion for Summary Judgment 830
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.24
Excerpt: ... 2021, while lawfully attending an event at 1001 S. Stadium Drive in Inglewood, California (the location of SoFi Stadium). On July 29, 2021, Plaintiff filed a complaint asserting causes of action for “general negligence” and “premises liability” against Defendants Pincay Re, LLC; Hollywood Park Management Company, LLC; Stadco LA, LLC (collectively referred to as “Defendants”), as well as others. On March 29, 2023, Defendants filed a m...
2023.07.24 Demurrer 180
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.24
Excerpt: ... “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994).) A demurrer tests the pleadings alone and not the evidence or other ext...
2023.07.21 Motion to Continue Trial, for Judgment on the Pleadings 641
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.21
Excerpt: ...l court may not refuse to hear a summary judgment motion filed within the time limits of section 437c.” (Sentry Ins. Co. v. Superior Court (1989) 207 Cal.App.3d 526, 529; accord Cole v. Superior Court (2022) 87 Cal.App.5th 84, 88.) Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. (CRC rule 3.1332(c).) The Court may grant a continuance only on an affirmative showing of good caus...
2023.07.21 Motion for Leave to File Complaint 719
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.21
Excerpt: ...ll obtain leave of court to file any cross-complaint except one filed within the time specified in subdivision (a) or (b). Leave may be granted in the interest of justice at any time during the course of the action.” “If the proposed cross-complaint is permissive . . ., leave of court may be granted ‘in the interest of justice' at any time during the course of the action (CCP §428.50(c)). On the other hand, if the proposed cross-complaint ...
2023.07.20 Motion to Compel Deposition 469
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.20
Excerpt: ...ay obtain discovery . . . by taking in California the oral deposition of any person, including any party to the action.” (Code Civ. Proc., § 2025.010.) Where a deponent fails to appear at a deposition or produce documents at a deposition, Code of Civil Procedure section 2025.450 permits a party to seek a motion to compel a deposition. The motion is permissible after a party fails to appear without having served a valid objection pursuant to Co...
2023.07.20 Motion for Good Faith Settlement Determination 492
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.20
Excerpt: ...ued Angelica Bianca Diaz, Luis Rodriguez, and Does 1 through 50. Luis Rodriguez filed a cross-complaint against Diaz, and Diaz filed a cross-complaint against Luis Rodriguez. In the Marinero case, Plaintiffs Luis Felix Marinero, Ana Rodriguez, and Nathaly Rodriguez sued Diaz. On June 23, 2023, Luis Rodriguez filed a motion for determination of good faith settlement. On July 6, 2023, Angelica Bianca Diaz filed an opposition. On July 14, 2023, Rodr...
2023.07.20 Motion to Strike 618
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.20
Excerpt: ... pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc., § 436; Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) The grounds for a motion to strike must “appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437.) Meet and Confer The ...
2023.07.20 Motion to Continue Trial 068
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.20
Excerpt: ...31, 2020, she was driving in Culver City, California, when she drove directly into a ditch, which she believes had been dug by Bernards Bros Inc. for Culver City. On December 14, 2021, Culver City and BBI (collectively, “Cross-Complainants”) filed a Cross-Complaint against Cross-Defendants Traffic Management, Inc. (“TMI”), Hardy & Harper, Inc., and Moes 1-20, inclusive, asserting causes of action for (1) total equitable indemnity, (2) exp...
2023.07.19 Motion for Terminating Sanctions, for Evidentiary Sanctions 329
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.19
Excerpt: ...minating] sanctions against anyone engaging in conduct that is a misuse of the discovery process...." CCP section 2023.010 provides that "[m]issues of the discovery process include, but are not limited to, the following:... (d) Failing to respond or to submit to an authorized method of discovery.... (g) Disobeying a court order to provide discovery...." "The trial court may order a terminating sanction for discovery abuse 'after considering the t...
2023.07.19 Motion for Judgment on the Pleadings 569
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.19
Excerpt: ...“Johnson”). (Id., ¶¶ 1, 13.) Khatami sues Johnson, Defendant NTI-CA, Inc., the alleged owner of the shuttle bus (“NTI”), and Does 1-25 in connection with the first accident. (Id., ¶¶ 4, 6, 11-21, 34-40, 42-50.) In the second accident, on May 24, 2020, Khatami alleges that he was driving a vehicle that collided with a Lexus driven and owned by Defendant Roberta Pauline Jones (“Jones”). (Id., ¶¶ 1, 5, 24.) Khatami sues Jones and D...
2023.07.18 Motion to Compel Verified Responses, for Sanctions 099
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.18
Excerpt: ... and severally, within 30 days of this order. Background On July 20, 2020, Plaintiff Stephanie E. Wantuch filed a complaint against Defendant Walmart, Inc. (“Defendant”), for general negligence, stemming from a slip and fall on water outside the bathroom at Walmart on September 25, 2018. On March 28 and April 1, 2022, Plaintiff served Defendant with form interrogatories (set two), special interrogatories (set two), request for production of d...
2023.07.18 Motion to Compel Second IME 832
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.18
Excerpt: ...e instant motion to compel Plaintiff to attend a second independent medical examination. On July 5, 2023, Plaintiff filed an opposition. On July 11, 2023, Defendant filed a reply. Legal Standard Code of Civil Procedure (“CCP”) section 2032.220(a) provides: In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satis...
2023.07.17 Motion to Consolidate 762
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.17
Excerpt: ...laint against Defendant Christian Omar Dada, individually and dba Dada's Trucking, and Bessy Dinora Ramirez Aguilar, alleging a cause of action for motor vehicle negligence, arising out of the same collision that occurred on April 30, 2021. On November 4, 2022, this Court found all these two actions related. On November 30, 2022, Defendant Dada filed the instant motion to consolidate in both cases. No opposition has been filed. Legal Standard “...
2023.07.17 Motion to Compel Responses, for Monetary Sanctions 157
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.17
Excerpt: ...he propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subd. (b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. S...
2023.07.17 Motion to Waive Undertaking 538
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.17
Excerpt: ... and the stairs being wet. On March 1, 2023, the Court granted Defendant's motion for an undertaking. On April 12, 2023, the Court denied Plaintiff's motion for reconsideration but, on its own motion, set a briefing schedule and further hearing to determine whether the undertaking should be waived based upon Plaintiff's limited financial means. On May 18, 2023, the Court did not grant the waiver, but the ruling was without prejudice to Plaintiff ...
2023.07.17 OSC Re Contempt, Monetary for Monetary Sanctions 720
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.17
Excerpt: ... for evidentiary sanctions is granted in part as set forth below. Defendant's request for monetary sanctions is GRANTED. The Court orders Plaintiff Israel Alberto Hernandez Saavedra and counsel of record Igor Fradkin to pay sanctions in the amount of $1,185, jointly and severally, within 30 days of this order. Legal Standard Contempt Contempt is any act, in or out of court, “which tends to impede, embarrass or obstruct the court in the discharg...
2023.07.14 Motion for Judgment on the Pleadings 641
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.14
Excerpt: ... admitted requests for admission served on Plaintiff. The truth of the matters in the request for admissions, set one, served on Plaintiff were deemed admitted. On June 16, 2023, Defendants filed this motion for judgment on the pleadings. No opposition has been filed. Request for Judicial Notice Defendants seek judicial notice of the following items: (1) Plaintiff's Complaint; (2) The Court order granting Defendant's Motion to Deem Requests for A...
2023.07.14 Motion for Determination of Good Faith Settlement 735
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.14
Excerpt: ...o by the plaintiff . . . and one or more alleged tortfeasors or co- obligors . . . .” (Code. Civ. Proc., § 877.6(a)(1).) “A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault....
2023.07.13 Motion to Continue Trial 351
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.13
Excerpt: ... to Continue Trial, filed with the Court on January 26, 2023. The requests are granted pursuant to Evidence Code section 452(d). Legal Standard Trial dates are firm to ensure prompt disposition of civil cases. (Cal. Rules of Court, rule 3.1332, subd. (a).) Continuances are thus generally disfavored. (See id., rule 3.1332, subd. (b).) Nevertheless, the trial court has discretion to continue trial dates. (Hernandez v. Superior Court (2004) 115 Cal....
2023.07.13 Motion to Compel Arbitration 751
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.13
Excerpt: ... collision that occurred on February 2, 2022. On June 16, 2023, Uber filed this motion to compel arbitration and to dismiss or stay. No opposition has been filed. Legal Standard “A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract.” (Code Civ. Proc., § 1281.) “On petition of a party ...
2023.07.13 Motion for Protective Order 372
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.13
Excerpt: ... June Roberts (“Defendant”) filed her answer on November 16, 2021. On November 22, 2022, Defendant filed a motion to continue trial to a date after the date Defendant had reserved for her motion for summary judgment. The Court granted that motion (over the opposition of Plaintiff) on December 21, 2022. On November 23, 2022, Plaintiff filed a motion to compel Defendant's deposition. Defendant filed an opposition in which her attorney asserted ...
2023.07.13 Demurrer, Motion to Strike 262
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.13
Excerpt: ...2, 2021, each of the Plaintiffs filed claims with the City of Industry under the Government Claims Act (the “GCA”). (Gutierrez-Robles Decl., Exhs. A & B.) In their claims, Plaintiffs stated that they were struck in an intersection and injured “due to a light malfunction.” (Ibid.) On February 10, 2022, Plaintiffs filed the Complaint in this action against Zarazua, the City of Industry, and other defendants. In the first two causes of actio...
2023.07.12 Motion to Compel Responses, to Deem RFAs Admitted 349
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.12
Excerpt: ... the requests for admission that is in substantial compliance with Code of Civil Procedure section 2033.220). Plaintiff's request for sanctions is GRANTED in part. Defendant's law firm Martinez, Dieterich & Zarcone Legal Group is ordered to pay monetary sanctions in the amount of $1,230 within 30 days of this order. Background On February 22, 2022, Plaintiff Cosme Daniel Arriaga-Morales filed a complaint against Defendant Raniro Aguilera-Adame al...
2023.07.11 Motion for Contempt, for Further Monetary Sanctions 720
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.11
Excerpt: ...NTED. The Court orders Plaintiff Israel Alberto Hernandez Saavedra and counsel of record Igor Fradkin to pay sanctions in the amount of $1,185, jointly and severally, within 30 days of this order. Legal Standard Contempt Contempt is any act, in or out of court, “which tends to impede, embarrass or obstruct the court in the discharge of its duties.” (In re Shortridge (1893) 99 Cal. 526, 532.) Particular acts constituting contempt are enumerate...
2023.07.11 Motion to Continue Trial 351
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.11
Excerpt: ... Legal Standard Trial dates are firm to ensure prompt disposition of civil cases. (Cal. Rules of Court, rule 3.1332, subd. (a).) Continuances are thus generally disfavored. (See id., rule 3.1332, subd. (b).) Nevertheless, the trial court has discretion to continue trial dates. (Hernandez v. Superior Court (2004) 115 Cal.App.4th 1242, 1246.) Each request for continuance must be considered on its own merits and is granted upon an affirmative showin...
2023.07.11 Motion to Continue Trial 588
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.11
Excerpt: ...trial dates. (Hernandez v. Superior Court (2004) 115 Cal.App.4th 1242, 1246.) Each request for continuance must be considered on its own merits and is granted upon an affirmative showing of good cause. (Cal. Rules of Court, rule 3.1332, subd. (c); Hernandez, supra, 115 Cal.App.4th at p. 1246.) Circumstances that may indicate good cause include: (1) the unavailability of an essential lay or expert witness due to death, illness, or other excusable ...
2023.07.05 Motion to Continue Trial and Related Dates 223
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.05
Excerpt: ...ion of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial. (Id., Rule 3.1332(c).) Other relevant considerations may include: “(1) The proximity of the t...
2023.07.05 Motion for Terminating Sanctions 740
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.05
Excerpt: ...and general negligence against Defendants. On March 25, 2022, the Court granted the motion of Plaintiff's counsel to be relieved as counsel. The Order prepared by Plaintiff's counsel and signed by the Court identified Plaintiff's current address as “605 Fishburn Avenue” in Huntington Park, California. The proof of service of the Order filed by Plaintiff's counsel listed a slightly different address: “6058 Fishburn Avenue” in Huntington Pa...
2023.07.03 Motion to Set Aside Dismissal 802
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.03
Excerpt: ..., or excusable neglect. Application for this relief … shall be made within a reasonable time, in no case exceeding six months, after the … dismissal … was taken.” (CCP section 473(b).) The mandatory prong states: “The court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence,...
2023.06.30 Motion to Tax Costs 460
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.30
Excerpt: ...lson v. Anderson (1999) 72 Cal.App.4th 111, 128-129 (citations and internal quotations omitted); Code of Civ. Proc. § 1032, subd. (b). The term “prevailing party” for costs purposes is defined by statute to include a) the party with a net monetary recovery; b) a defendant who is dismissed from the action; c) defendant where neither plaintiff nor defendant recovers anything; and d) a defendant as against those plaintiffs who do not recover an...
2023.06.30 Motion to Quash Subpoena for Business Records 808
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.30
Excerpt: ... sought, or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms and conditions as the court may specify. (See Code Civ. Proc. § 1987.1; Southern Pac. Co. v. Superior Court (1940) 15 Cal.2d 206.) The court can make an order quashing or modifying a subpoena as necessary to protect a person from “unr...
2023.06.30 Motion to Compel Deposition 372
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.30
Excerpt: ...n objection under Code of Civil Procedure (“CCP”) section 2025.410. If such an objection is made within three calendar days before the deposition date, the objecting party must make personal service of that objection. (Code Civ. Proc. 2025.410, subd. (b).) CCP section¿2025.450(a) provides:¿“If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appea...
2023.06.29 Motion to Set Aside Dismissal 536
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.29
Excerpt: ... upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him through his or her mistake, inadvertence, surprise, or excusable neglect.” CCP §473(b). Where such an application for discretionary relief is made, the motion shall be accompanied by a copy of the answer or pleading proposed to be filed, or the application will not be granted. (Id.) The cou...
2023.06.28 Demurrer, Motion to Strike 581
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.28
Excerpt: ...Continental Hotel in downtown Los Angeles. (Complaint ¶ 13.) Plaintiffs allege that the robbery was “orchestrated” by and/or “perpetrated with the direct assistance of” Defendant Ronald Elie, who was then a Director of Housekeeping of the hotel. (Id., ¶¶ 1, 6, 13.) According to the complaint, Elie, as a Director of Housekeeping, was “privy to certain security protocols of the Hotel, namely the placement of security cameras inside the...
2023.06.27 Motion to Continue Trial and Related Dates 302
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.27
Excerpt: ...1) unavailability of trial counsel or witnesses due to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it...
2023.06.26 Motion to Set Aside Dismissal 524
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.26
Excerpt: ...sable neglect.” (CCP §473(b)). Where such an application for discretionary relief is made, the motion shall be accompanied by a copy of the answer or pleading proposed to be filed, or the application will not be granted. (Id.) The court must grant relief from dismissal where the application is accompanied by an attorney affidavit attesting to his or her mistake, inadvertence, surprise, or neglect. (Id.) In either case, the application must be ...
2023.06.26 Motion to Continue Trial 471
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.26
Excerpt: ...he addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial.¿ (Id., Rule 3.1332(c).)¿¿¿ Other relevant considerations¿may¿include: “(1) The ...
2023.06.26 Motion to Compel Responses 288
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.26
Excerpt: ...n to Compel responses to Requests for Production: Motion to compel DENIED as moot; request for monetary sanctions GRANTED in the amount of $554.60 as against Plaintiff and her counsel, jointly and severally. Motion to Deem Admitted Requests For Admission: The Court has NO TENTATIVE and wishes to hear argument as to the Motion to deem admitted as it appears that Plaintiff may have served, before the hearing, a response to the requests for admissio...
2023.06.23 Motion to Compel Compliance with Subpoena for Production of Records 626
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.23
Excerpt: ...t, or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms and conditions as the court may specify. (See Code Civ. Proc. § 1987.1; Southern Pac. Co. v. Superior Court (1940) 15 Cal.2d 206.) The court can compel a witness' compliance with a subpoena on such terms and conditions as appropriate to prote...
2023.06.23 Motion for Terminating Sanctions or for Evidentiary Sanctions and Monetary Sanctions 641
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.23
Excerpt: ...ctions. Background On March 6, 2020, Plaintiff Juan P. Angeo (“Plaintiff”) filed a complaint against Defendants Secure Transportation Company, Inc. and Crystal C. Hernandez, alleging a cause of action for motor vehicle negligence, stemming from a vehicle collision that occurred on March 6, 2018. In July 2022, Defendant served Plaintiff with Requests for Production, Form Interrogatories, Special Interrogatories, and Requests for Admission. Whe...
2023.06.23 Motion for Summary Judgment 098
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.23
Excerpt: ...CCP”) Section 437c(c) “requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) “The function of the plea...
2023.06.22 Demurrer 475
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.22
Excerpt: ...o, in person or telephonically, for the purposes of determining whether an agreement can be reached through a filing of an amended pleading that would resolve the objections to be raised in the demurrer and motion to strike. (See Code Civ. Proc., § 430.41.) Demurrer A demurrer for sufficiency 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 allegati...
2023.06.22 Motion to Compel IME 059
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.22
Excerpt: ...s to Defendant in the amount of $1,500, jointly and severally, within 30 days of this order. Legal Standard “In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; (2) The examination is conducte...
2023.06.21 Motion to Dismiss 689
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.21
Excerpt: ...e has not been made within two years after the action is commenced against the defendant. (Id., § 583.420(a)(1).) In determining whether the court should exercise its discretion in dismissing an action, the court must consider all relevant matters, including: “(1) The court's file in the case and the declarations and supporting date submitted by the parties and, where applicable, the availability of the moving party and other essential parties...
2023.06.20 Motion to Continue Trial 415
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.20
Excerpt: ...illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial. (Id., Rule 3.1332(c).) Other relevan...
2023.06.20 Motion to Compel Compliance with Subpoena for Production of Records 917
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.20
Excerpt: ...ht, or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms and conditions as the court may specify. (See Code Civ. Proc. § 1987.1; Southern Pac. Co. v. Superior Court (1940) 15 Cal.2d 206.) The court can compel a witness' compliance with a subpoena on such terms and conditions as appropriate to prot...
2023.06.20 Demurrer 458
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.20
Excerpt: ... the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) “The only issue involved in a demur...
2023.06.16 Motion to Reopen Discovery, to Strike Untimely Expert Witness Designation 422
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.16
Excerpt: ...fore the date initially set for the trial of the action.”¿ (Code Civ. Proc., § 2024.020(a).)¿ For expert witnesses, “[a]ny¿party shall be entitled as a matter of right to complete discovery proceedings … on or before the 15th day, and to have motions concerning that discovery heard on or before the 10th day, before the date initially set for the trial of the action.”¿ (Code Civ. Proc., § 2024.030.)¿ In general, a “continuance¿or...
2023.06.16 Motion to Compel Further Responses 465
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.16
Excerpt: ...tions are DENIED. Defendant Yard House USA, Inc. (sued as The Yard House, L.P.) filed three motions to compel against Plaintiff Laurie Scott on March 6, 2023 (one relating to form interrogatories, one relating to special interrogatories, and one relating to document requests). Plaintiff filed her oppositions on June 1 and 5, 2023. Defendant filed replies on June 8 and 12, 2023. The Court has reviewed the filings of the parties and issues the foll...
2023.06.15 Motion to Enforce Settlement Agreement 271
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.15
Excerpt: ...sted by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (b) For purposes of this section, a writing is signed by a party if it is signed by any of the following: (1) The party. (2) An attorney who represents the party. (3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf.” Because of...
2023.06.14 Motion for Attorney Fees 272
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.14
Excerpt: ...costs of enforcing a judgment. Attorney's fees incurred in enforcing a judgment are not included in costs collectible under this title unless otherwise provided by law. Attorney's fees incurred in enforcing a judgment are included as costs collectible under this title if the underlying judgment includes an award of attorney's fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5.” Purs...
2023.06.14 Motion to Specially Set Motion for Summary Judgment 086
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.14
Excerpt: ...ut limitation): (1) unavailability of trial counsel or witnesses due to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case...
2023.06.14 Motion to Compel Deposition 584
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.14
Excerpt: ... If such an objection is made within three calendar days before the deposition date, the objecting party must make personal service of that objection. (Code Civ. Proc. 2025.410, subd. (b).) CCP section¿2025.450(a) provides:¿“If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for¿inspection...
2023.06.13 Motion to Compel Mental Exam 306
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.13
Excerpt: ...nd will allow Plaintiff's counsel to use that test data in consulting with Plaintiff's experts and in conducting cross- examination of Defendant's experts. Legal Standard A court order is required to obtain a party's mental examination. (Code Civ. Proc. § 2032.310(a).) Such an order may be made only after notice and hearing, and for "good cause shown."¿ (Code Civ. Proc., §§ 2032.310(c), 2032.320(a).) This standard, the Court of Appeal has exp...
2023.06.13 Demurrer 122
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.13
Excerpt: ...�treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994).) A demurrer tests the pleadings alone and not the evidence or other extrin...
2023.06.12 Motions to Compel Deposition 331
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.12
Excerpt: ...on is made within three calendar days before the deposition date, the objecting party must make personal service of that objection. (Code Civ. Proc. 2025.410, subd. (b).) CCP section¿2025.450(a) provides:¿“If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for¿inspection any document . . ....
2023.06.09 Motion to Change Venue 553
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.09
Excerpt: ... at the time the motion to change venue is made.' [Citations.]” (Lebastchi v. Superior Court (1995) 33 Cal.App.4th 1465, 1469 [citations omitted].) “If the plaintiff's complaint joins several separate causes of action, one of which is local and another transitory, the transitory action controls as to venue.” (Weil & Brown, CAL.PRAC. GUIDE: CIV. PRO. BEFORE TRIAL (The Rutter Group 2006) § 3:461, p. 3-113.) “Where the main relief sought is...
2023.06.09 Motion for Terminating Sanctions 731
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.09
Excerpt: ... after opportunity for hearing, may impose... [monetary, evidence, and terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process...." CCP section 2023.010 provides that "[m]issues of the discovery process include, but are not limited to, the following:... (d) Failing to respond or to submit to an authorized method of discovery.... (g) Disobeying a court order to provide discovery...." "The trial court may...
2023.06.09 Demurrer 053
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.06.09
Excerpt: ... stated on its website. The request is GRANTED pursuant to Evidence Code section 452(h). Legal Standard A demurrer for sufficiency 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 1216, 1228.) The court “treat[s] the demurrer as admi...

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