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2024.05.30 Motion to Compel Further Responses 387
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.30
Excerpt: ...ndant. (Hakhamzadeh Decl. ¶ 8, Exh. B.) Defendant served responses on February 2, 2024. (Id. ¶ 9, Exh. C.) The parties met and conferred and participated in an informal discovery conference (“IDC”) on April 17, 2024. On March 14, 2024, Plaintiff filed the instant motion to compel further responses to Form Interrogatories, Set Two, numbers 16.2, 16.3, 16.4, 16.5, 16.6, 16.9, 16.10, and 17.1 on the basis that the responses are evasive, and th...
2024.05.30 Motion for Leave to File Answer 050
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.30
Excerpt: ...as a security guard when he was physically assaulted by Defendant Fermin Antonio Mazariego Jr. (“Defendant”) On August 19, 2021, default was entered against Defendant. On February 23, 2022, Defendant Cartage West Inc.'s demurrer to the fourth and fifth causes of action was sustained with leave to amend. On March 15, 2022, Plaintiff filed the operative first amended complaint (“FAC”) asserting the same causes of action. On February 5, 2024...
2024.05.22 Motion to Compel Second Physical Exam, to Continue Trial Date 243
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.22
Excerpt: ...ader Joe's East Inc., dba Trader Joe's, alleging a cause of action for negligence, arising out of a slip a nd fall on fruit at a Trader Joe's location. Defendant Trader Joe's Company (“Defendant”) now moves to compel the second physical examination of Plaintiff. Defendant also separately moves to continue trial. Plaintiff opposes and Defendant replies to each motion. The motion to continue trial was originally scheduled on May 8, 2024. Howeve...
2024.05.22 Motion to Compel Requests for Production 300
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.22
Excerpt: ...onet ary sanctions. No opposition has been filed. LEGAL STANDARD Under Code of Civil Procedure Section 2031.300, if a party fails to serve a timely response to a demand for inspection, the party making the demand may move for an order compelling response to the demand. (Code Civ. Pro § 2031.300 (b).) The party who fails to serve a timely response to a demand for inspection waives any objection to the demand unless the court finds that the party ...
2024.05.22 Motion to Compel Deposition of PMK 609
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.22
Excerpt: ...o seeks monetary sanctions. Defendant opposes. No reply h as been filed. On May 10, 2024, the Court granted Plaintiff's ex parte application and continued trial from May 29, 2024 to August 1, 2024. All discovery and pre -trial motion cut off dates are associated with the previous trial date. (Min. Order, 5/10/24.) LEGAL STANDARD Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any par...
2024.05.22 Motion for Summary Judgment, Adjudication 823
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.22
Excerpt: ...dant's Compendium of Exhibits OPPOSITION PAPERS 1. Plaintiff's Opposition, Request for Continuance 2. Declaration of Jennifer Bagosy REPLY PAPERS 1. None filed. BACKGROUND On March 5, 2021, Plaintiff Cleotilde Armando Velasquez (“Plaintiff”) filed a complaint against Defendants Starkwood, Inc., Samsa Management, Albert H. Gatchalian, and Does 1 to 20 for general negligence and premises liability that occurred at 3316 Council Street, Los Angel...
2024.05.22 Motion for Leave to File Complaint, to Continue Trial 134
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.22
Excerpt: ...ynthia Lombard, and Does 1 to 50 for negligence relating to a motor vehicle accident. On September 26, 2022, Uber Technologies, Inc. (“Uber”) filed an answer. Uber now moves for leave to file a cross -complaint against Defendants Adrienne Lombard and Cynthia Lombard (“Lombard Defendants”). Uber also requests a trial continuance. Plaintiffs and Lombard Defendants oppose, [1] and Uber replies. LEGAL STANDARD A cross- complaint against any o...
2024.05.16 Motion to Vacate Dismissal 138
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.16
Excerpt: ...f did not appear. Plaintiff had been ordered to appear personally. Upon oral request by Defendant, the Court dismissed the complaint without prejudice pursuant to Code of Civil Procedure section 581(b)(5). (Min. Order, 3/4/24.) On March 4, 2024, Plaintiff filed the instant motion to vacate the dismissal. Defendant opposes and Plaintiff replies. LEGAL STANDARD Under Code of Civil Procedure section 473(b), the Court may relieve a party from a dismi...
2024.05.16 Motion to Set Aside Default 178
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.16
Excerpt: ...mons and complaint on Defendant City of Los Angeles (“Defendant”). On March 21, 2023, default was entered against Defendant. On March 7, 2024, Defendant filed the instant motion to vacate and set aside the default under Code of Civil Procedure section 473(b) and on equitable grounds. Default judgment has not been granted against Defendant. Plaintiff opposes this motion. LEGAL STANDARD Under Code of Civil Procedure section 473(b), the Court ma...
2024.05.16 Motion to Compel Responses 735
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.16
Excerpt: ...onetary sanctions. No opposition has been filed. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses. (Code Civ. Proc. § 2030.290 (b).) Failure to timely respond waives all objections, including privilege and w ork product, unless “[t]he party has subsequently served a response that is in substantial compliance” and �...
2024.05.15 Motion to Compel Deposition of PMQ 975
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.15
Excerpt: ...fendant opposes and Plaintiff replies. LEGAL STANDARD Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party -affiliated deponent to attend and to testify, as well as to produce documents for inspection and copying. (Code Civ. Proc., § 2025.280, subd. (a).) ...
2024.05.15 Motion to Compel Responses, to Deem RFAs Admitted 282
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.15
Excerpt: ...). Defendant also seeks monetary sanctions. Plaintiff opposes. No reply has been filed. LEGAL STANDARD Requests for Admission Where there has been no timely response to a request for admission under Code of Civil Procedure section 2033.010, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction.¿ (Code of Civ. ...
2024.05.15 Motion to Reopen Discovery 467
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.15
Excerpt: ...March 8, 2024, the Court granted in part Defendant's ex parte application and continued trial to August 6, 2024. All discovery and pre -trial motion cut -off dates remain associated with the March 26, 2024 trial date “unless otherwise stipulated by the pa rties or subject to any motion to reopen discovery.” (Min. Order, 3/8/24.) On April 4, 2024, Defendant filed the instant motion to reopen discovery to run with the current August 6, 2024 tri...
2024.05.14 Motion to Set Aside Dismissal 973
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.14
Excerpt: ...ntiff was granted on January 24, 2023. Plaintiff was ordered to serve verified responses, without objections, to discovery within 30 days of the Court's orders. (Min. Order, 1/24/23, 1/25/23.) On April 7, 2023, after Plaintiff failed to serve responses, the Court granted a motion for terminating sanctions and dismissed the complaint without prejudice. (Min. Order, 4/7/23.) Plaintiff failed to file an op position to the motion. On October 5, 2023,...
2024.05.14 Motion to Set Aside Default, Judgment 653
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.14
Excerpt: ... proof of service of the complaint, summons, and statement of damages on Defendant Fernando Gutierrez Jr. (“Defendant”) showing he was personally served on August 3, 2021. On October 18, 2021, default was entered against Defendant. On November 16, 2022, the Court granted default judgment against Defendant for $586,161.10 in damages and $574.10 in costs. Defendant now moves to set aside the default and default judgment under Code of Civil Proc...
2024.05.14 Motion to Compel Deposition 741
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.14
Excerpt: ...rresponding request for production. Plaintiff also seeks monetary sanctions. Defendant opposes and Plaintiff replies. LEGAL STANDARD “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 . . . described in the deposition notice, the party giving the notice may move f...
2024.05.14 Motion for Terminating Sanctions 360
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.14
Excerpt: ...ders. No opposition has been filed. LEGAL STANDARD “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose…sanctions against any one engaging in conduct that is a misuse of the discovery process.” (Code Civ. Proc. section 2023.030.) The court may impose a terminati...
2024.05.14 Demurrer 861
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.14
Excerpt: ...r negligence a nd premises liability related to a trip and fall on a sidewalk. On February 22, 2024, Plaintiff filed an amendment to the complaint substituting Salvador Munoz, Trustee of Ana Maria Hernandez Trust as Doe 1. Defendant Salvador Munoz, as Trustee of the Ana Maria Hernandez Trust Dated 1/10/1994 (“Defendant”) now demurs to the complaint for failing to state facts to constitute a cause of action and for uncertainty. Plaintiff oppos...
2024.05.08 Motion to Reopen Discovery, Continue Trial 610
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.08
Excerpt: ...3. Defendant's answer was filed on July 29, 2022. On October 26, 2023, pursuant to stipulation, the Court continued trial and all related dates to April 25, 2024. On April 9, 2024, Plaintiff filed the instant motions to reopen discovery and continue trial. On April 11, 2024, the Court granted in part Plaintiff's ex parte application advancing the hearings on the instant motions. On the Court's own motion, the final status conference and trial set...
2024.05.08 Motion to Establish Admissions, to Compel Production 462
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.08
Excerpt: ...el verified responses to Form Interrogatories, Set One, Specially Prepared Interrogatories, Set One, and Demand for Production, Set One propounded on Plaintiffs Erika Dominguez and James Roman Arevalo (“Plaintiffs”). Defendant also seeks monetary sanctions. No opposition has been filed. LEGAL STANDARD Requests for Admission Where there has been no timely response to a request for admission under Code of Civil Procedure section 2033.010, the p...
2024.05.08 Motion to Continue Trial or Sever from Action 242
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.08
Excerpt: ...l & Casino” and “Parkwest Bicycle Casino”, an d Does 1 to 20 for the wrongful death of Decedent Jonathan Dongin Jung (“Decedent”). Plaintiffs alleges that Defendant's security guards attacked Decedent and caused his death.¿¿ On July 29, 2022, Plaintiffs filed a first amended complaint against Defendants TBC, L.P., dba “The Bicycle Hotel & Casino” and “Parkwest Bicycle Casino”, Parkwest Bicycle Casino LLC, and Does 2 to 20. On ...
2024.05.08 Motion to Augment and Amend Expert Designation 736
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.08
Excerpt: ...2024. The discovery/motion cut -off is closed and the pre -trial motion cut -off remains in effect. (Min. Order, 3/19/24.) On March 13, 2024, Defendant Elizabeth Jane Downe (“Defendant”) filed the instant motion to augment her expert witness list to replace Karthik Kumar, M.D. and to substitute Lawrence Harter, M.D. as her expert radiologist. No opposition has been filed. LEGAL STANDARD On motion of any party who has engaged in a timely excha...
2024.05.08 Motion for Terminating Sanctions 943
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.08
Excerpt: ...bruary 20, 2024 discovery order. No opposition has been filed. LEGAL STANDARD “To the extent authorized by the chapter governing any particular disco very method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose…sanctions against anyone engaging in conduct that is a misuse of the discovery process.” (Code Civ. Proc. section 2023.030.) The c...
2024.05.08 Motion for Leave to File FAC 734
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.08
Excerpt: ...grooves on the road, c ausing her injuries. On June 14, 2022, County of Los Angeles filed an answer. On July 22, 2022, City of Pico Rivera filed an answer. On March 28, 2024, Plaintiff filed the instant motion for leave to amend her complaint by removing the medical negligence cause of action, which was mistakenly added by prior counsel, and adding a dangerous condition of public property cause of action. Def endant City of Pico Rivera (“Defend...
2024.05.07 Motion to Disqualify 961
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.05.07
Excerpt: ...r employed by Lyft, Inc. (Complaint ¶ 5.) Defendant Lyft, Inc. (“Defendant”) now moves to disqualify Quinn Graham and the law firm of Rafii & Associates, P.C., the firm that represents Plaintiff. Defendant argues that Quinn Graham previously represented Defendant in automobile accidents like the i nstant case and has received confidential information. Defendant argues that because Graham is disqualified, the firm Rafii & Associates is vicari...

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