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2023.09.07 Motion to Compel Further Responses 749
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.07
Excerpt: ...usly moved the Court for an order compelling Defendant E&S Management Ring Corp. (“Defendant”) to serve further responses to Plaintiff's Supplemental Interrogatories (Set One), Demand for Production of Documents (Set One), and Request for Production (Set Two) Nos. 61, 62, 64, and 65. On June 27, 2023, Defendant filed a consolidated opposition regarding the document requests. Plaintiff filed a reply on June 28, 2023. An information discovery c...
2023.09.07 Motion to Compel Deposition 169
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.07
Excerpt: ..., Jorge Rene Salguero, and Colich & Sons, LP., for negligence. Plaintiff moves to compel the deposition of Defendant Jorge Rene Salguero and Defendant Colich & Sons, L.P.'s Person Most Knowledgeable. 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 part...
2023.09.07 Motion for Summary Judgment 573
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.07
Excerpt: ...tly rear-ended Plaintiff on the freeway. Plaintiff also alleges that Defendant Olga Felix co-owned the vehicle Brenda was driving and entrusted it to her. (See Complaint at MV-2.) Defendant Olga Felix now moves for summary judgment. Any opposition was due on or before August 24, 2023. To date, no opposition has been filed. LEGAL STANDARD Summary judgment is proper “if all the papers submitted show that there is no triable issue as to any materi...
2023.09.06 Motion for New Trial 561
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.06
Excerpt: ...d Susan Fitzgerald on September 7, 2000 (LASC Case No. BC236431). The initial action was voluntarily dismissed in 2002. John died on August 1, 2012. Plaintiff refiled the action on July 17, 2018 against John and Slavko. On September 6, 2018, Slavko filed his Answer, along with his Cross-Complaint against Gerald and Susan Fitzgerald. Slavko died on November 13, 2018. Slavko's estate was substituted in as a defendant on July 22, 2022. [1] On July 2...
2023.08.24 Motion to Remove Guardian Ad Litem, Seal Records, Summary Judgment, Adjudication 576
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.24
Excerpt: ...Litem) (4) Motion for Summary Judgment, or in the Alternative, Summary Adjudication (Tentative Ruling below) MOVING PARTIES (1) Nonparty Antoine Montini (2) Nonparty Antoine Montini (3) Plaintiff Marz Holden-Montini, by and through his Guardian Ad Litem Beth Holden (4) Defendant Benjamin Reininger OPPOSING PARTIES (1) Plaintiff Marz Holden-Montini, by and through his Guardian Ad Litem Beth Holden (2) None (3) None (4) Plaintiff Marz Holden-Montin...
2023.08.24 Motion to Compel Arbitration and Stay Action 969
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.24
Excerpt: ...and enforceable arbitration agreement; (2) Plaintiff's claims fall within the scope of the arbitration agreement, and (3) the parties delegated to the arbitrator issues of arbitrability. Plaintiffs oppose the motion. REQUEST FOR JUDICIAL NOTICE The court may take judicial notice of “facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indispu...
2023.08.17 Motion to Enforce Settlement Agreement 676
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.17
Excerpt: ...y 28, 2023, Plaintiff filed an opposition. On August 10, 2023, Defendant filed a reply. LEGAL STANDARD “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (CCP § 664.6(a).) “We note that even if the terms of the judgment...
2023.08.17 Motion to Compel Second Deposition 481
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.17
Excerpt: ... on July 19, 2018 wherein Plaintiff slipped on a substance while grocery shopping at one of Defendant's stores. Defendant now moves to compel the second session deposition of Plaintiff. Plaintiff filed her opposition on June 27, 2023. Defendant filed its reply on August 10, 2023, which included a request for monetary sanctions against Plaintiff and her attorney of record, jointly and severally, in the amount of $1,810.00. ANALYSIS “Once any par...
2023.08.17 Motion to Compel Mental Exam 360
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.17
Excerpt: ...m ceiling collapsed on Plaintiff's head while Plaintiff was on premises owned, leased, or operated by the defendants. On March 6, 2023, Plaintiff filed an amendment to complaint substituting First Reliable Maintenance in for Doe 1. Now, Defendants Lotus Property Services, Inc. and First Reliable Maintenance (“Movants”) moves to compel Plaintiff to submit to a neuropsychiatric examination, which shall be conducted by Dr. Saint Martin at his of...
2023.08.17 Motion to Compel Deposition 356
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.17
Excerpt: ...Does 1 to 50 for general negligence and premises liability in connection with a slip-and-fall incident. Defendant Miguel Velasquez dba Montebello Racing Stables (“Defendant”) cross-complained against Roes 1 through 20 for express indemnification, equitable indemnification, equitable contribution, declaratory relief: duty to defend, and declaratory relief: duty to indemnify. On July 26, 2023, Defendant filed a motion to compel Plaintiff's atte...
2023.08.17 Motion for Summary Judgment, Adjudication 397
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.17
Excerpt: ...nce ISO Motion for Summary Judgment filed on 4/20/23 OPPOSITION PAPERS (Plaintiff): 1. Opposition to Motion for Summary Judgment filed on 6/21/23 2. Separate Statement of Material Facts in Opposition filed on 6/21/23 3. Evidence and Appendix of Exhibits ISO Opposition filed on 6/21/23 4. Objections to Defendant's Evidence ISO its Motion filed on 6/21/23 OPPOSITION PAPERS (Defendant Iles): 1. Opposition to Motion for Summary Judgment filed on 6/23...
2023.08.15 Motion for Leave to Amend SAC, Demurrer 291
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.15
Excerpt: ...n incident in which Plaintiff was purportedly assaulted and battered by an assailant who was sent to attack Plaintiff by a Chrome Hearts' employee. On March 29, 2023, Plaintiff filed the operative first amended complaint alleging the causes of action for assault and battery against the Defendants. Defendant Chrome Hearts demurs to the first amended complaint in its entirety. Plaintiff opposes the demurrer. Plaintiff has also filed a motion for le...
2023.08.15 Motion to Deem RFAs Admitted, to Compel Responses 766
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.15
Excerpt: ... 2018 when Dora Griselda Portillo (“Plaintiff”) alleges she was hit by Sophia Ingrid Santalucia (“Defendant Santalucia”) while driving. Defendant Santalucia was driving a rental car from Hertz Vehicles LLC (“Defendant” or “Defendant Hertz”) when the collision occurred. Plaintiff filed her Complaint on September 18, 2022. Plaintiff filed four discovery motions: (1) Motion to Deem RFAs Admitted, (2) Motion to Compel Responses to For...
2023.08.15 Motion to Compel Medical Exam 697
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.15
Excerpt: ... (“Dr. Bolling”). Plaintiff opposes the motions. Defendants reply to the opposition. ANALYSIS Except for one examination in personal injury cases, and examinations arranged by stipulation, a court order is required for a physical or mental examination. Such order may be made only after notice and hearing, and for “good cause shown.” (Code Civ. Proc., §2032.320(a).) Where the plaintiff's injuries are complex, several exams may be necessar...
2023.08.15 Motion to Dismiss, for Sanctions, for Leave to Amend Complaint 539
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.15
Excerpt: ... and fall incident that Plaintiff suffered when he fell down a flight of stairs at Defendant's premises. Defendant now moves the Court to dismiss this action on the grounds that Plaintiff lacks standing, this action was filed for improper purpose and to perpetuate an ongoing fraud, Plaintiff's allegations have no evidentiary support, and this action is barred under the doctrine of unclean hands. Plaintiff opposes the motion. Defendant has filed a...
2023.08.08 Renewed Motion to Set Aside or Vacate Dismissal 048
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.08
Excerpt: ...Los Angeles County Metropolitan Transportation Authority (“Defendant”) opposes the motion. ANALYSIS While Plaintiff has characterized the instant motion as a “Motion to Set Aside/Vacate Dismissal,” the Court previously issued its decision on this very issue on May 5, 2023 when Plaintiff first attempted to set aside the dismissal. As a result, Plaintiff's renewed motion to set aside the dismissal is effectively a motion for reconsideration...
2023.08.08 Motion to Quash Service of Summons and Complaint 029
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.08
Excerpt: ... Civil Procedure § 128.5. Plaintiff Michael Barakat (“Plaintiff”) opposes the instant motion. Samayoa has filed a reply. ANALYSIS Quash Service of Summons First, Samayoa moves to quash service of summons and complaint for Plaintiff's failure to comply with Code of Civil Procedure § 474. California Code of Civil Procedure § 474 permits the designation of a defendant by a fictitious name when the plaintiff is ignorant of the defendant's name...
2023.08.08 Motion to Continue Trial 088
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.08
Excerpt: ...tember 13, 2023, to April 2024. Plaintiff Ulrike Ziller (“Plaintiff”) opposes the continuance. Defendants have filed a reply. ANALYSIS “Continuances are granted only on an affirmative showing of good cause requiring a continuance.” (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion in considering a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) Califor...
2023.08.08 Motion to Compel Further Responses 749
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.08
Excerpt: ... Court for an order compelling Defendant E&S Management Ring Corp. (“Defendant”) to serve further responses to Plaintiff's Supplemental Interrogatories (Set One), Demand for Production of Documents (Set One), and Request for Production (Set Two) Nos. 61, 62, 64, and 65. On June 27, 2023, Defendant filed a consolidated opposition regarding the document requests. Plaintiff filed a reply on June 28, 2023. An information discovery conference (“...
2023.08.04 Motion to Dismiss Complaint 031
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.04
Excerpt: ...a Tedesco (collectively, “Tedesco”) for negligence and negligence per se. On July 7, 2023, Tedesco filed the instant motions [1] to dismiss the complaint of Plaintiff for failure to comply with court ordered discovery. No opposition has been filed. Trial is currently set for October 17, 2023. LEGAL STANDARD The court is authorized, after notice and opportunity for hearing, to impose the following sanctions against anyone engaging in conduct t...
2023.08.04 Motion to Deem RFAs Admitted, to Compel Responses 577
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.04
Excerpt: ...as driving in a vehicle owned by Herzog, Yuhas, Ehrlich & Ardell, APC (“Plaintiffs”) and files this action against Daniel Salin (“Defendant”). The instant Motions at issue are (1) Motion to Deem Request for Admissions Admitted by Plaintiff Webb; (2) Motion to Compel Responses by Plaintiff Herzog, Yuhas, Ehrlish & Ardell, APC to Form Interrogatories, Set One. All Motions request sanctions in the amount of $1,035.00 each. All three Motions ...
2023.08.04 Motion to Compel Mental Exam 697
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.04
Excerpt: ... examination with psychologist Dr. Judy Ho. Plaintiff opposes the motions. Defendants reply to the opposition. ANALYSIS Per Code of Civil Procedure section 2032.310, a party that seeks to require another party to submit to a mental examination must obtain leave of court. The motion to compel a mental examination must specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and specialty of the per...
2023.08.04 Motion to Compel Further Discovery Responses 325
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.04
Excerpt: ...560. No opposition has been filed. ANALYSIS Code of Civil Procedure § 2030.220 requires that each answer to an interrogatory must be as “complete and straightforward as the information reasonably available to the responding party permits.” (Code Civ. Proc., § 2030.220.) Code of Civil Procedure § 2030.300(a) permits a propounding party to move for an order compelling a further response to an interrogatory if the propounding party deems that...
2023.08.04 Motion for Summary Judgment 689
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.04
Excerpt: ...plaint alleging one cause of action of negligent infliction of emotional distress caused by Defendant Si Pokpongkiat, O.D. (“Defendant”). Plaintiff alleges that she “suffers anxiety, humiliation, anger, fear, undue duress and infliction of emotional distress due to the defendants actions, which plaintiff had to seek therapy for,” that she “continues to fear the long term effect minor child will suffer from wearing wrongly prescribed eye...
2023.08.04 Demurrer, Motion to Strike 739
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.04
Excerpt: ..., John Paramo, Paulette Koss, Stacy Cashman, and Oscar Macias (collectively, Defendants) for negligence, negligent hiring and training and supervision, and intentional infliction of emotional distress in connection with a series of bullying incidents Plaintiff suffered while attending Luther Burbank Middle School. On June 30, 2023, Defendants filed a demurrer and motion to strike portions of the complaint. On June 19, 2023, Plaintiff filed an opp...

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