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2023.08.02 Motion to Continue Trial 649
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.02
Excerpt: ... dates and deadlines, including discovery, expert discovery, and motion cut-off dates. ANALYSIS “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” (Cal. Rules of Court, rule 3.1332(a).) “A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the re...
2023.08.02 Motion for Trial Preference 601
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.02
Excerpt: ...s currently set for February 21, 2024, six (6) months and 19 days from the hearing on August 2, 2023. ANALYSIS “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) [t]he party has a substantial interest in the action as a whole[; and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudi...
2023.08.02 Motion for Leave to Intervene 283
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.02
Excerpt: ...YSIS Legal Standard As an initial matter, it appears that American Zurich intended to move pursuant to subdivision (d) of Section 387 of the Code of Civil Procedure (“Section 387(d)”). (Memorandum of Points and Authorities, filed on May 30, 2023 (the “Motion”), pp. 2:13-3:6.) Section 387(d)(1) provides: “The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following condit...
2023.08.01 Motions to Compel Responses, for Monetary Sanctions 186
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.01
Excerpt: ...er (Defendant) to Form Interrogatories, set one (FROG); Requests for Inspection and Production of Documents, Set Two (RPD). Plaintiff seeks monetary sanctions in connection with the two motions. Defendant opposes the motions. Plaintiff has filed replies. ANALYSIS Pursuant to Code of Civil Procedure section 2030.290, “[i]f a party to whom interrogatories are directed fails to serve a timely response . . . [t]he party to whom the interrogatories ...
2023.08.01 Motion to Quash Services of Summons 461
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.01
Excerpt: ... that Plaintiff's opposition is late as it was served on July 24, 2023, less than nine (9) court days before the instant hearing on August 1, 2023. (See Code Civ. Proc., § 1005, subd. (b) [“All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days … before the hearing”].) However, “a trial court has broad discretion to accept or reject late-filed papers.” (Rancho Mira...
2023.08.01 Motion to Compel Deposition, Production of Docs, for Monetary Sanctions 346
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.01
Excerpt: ...gust 10, 2023, 10:00 a.m., Mark R. Weiner & Associates, 655 North Central Avenue, 10th Floor Glendale, California 91203. Defendant also seeks an order requiring Plaintiff to produce at the deposition a written and photographic form of identification (e.g., a driver's license, passport, or identification card). Finally, Defendant seeks an order imposing sanctions of $1,066.99 against Plaintiff. ANALYSIS “If, after service of a deposition notice,...
2023.07.27 Motion to Exclude Expert Testimony, Continue Trial 310
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.07.27
Excerpt: ...oration, and Does 1 through 25 on June 7, 2019 for negligence and premises liability. Plaintiff alleges defendants own a building on Ventura Boulevard in Encino, California. On May 31, 2018, she rode the elevator in the building. The elevator fell four stories while she was riding it. She alleges she was injured in the fall. Plaintiff filed her operative second amended complaint on March 30, 2023. She now names as defendants Emmett LLC, Encino Ga...
2023.07.26 Motion to Compel Deposition, for Sanctions 202
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.07.26
Excerpt: ...eposition. Cross- Complainant has not filed an opposition to the motion. ANALYSIS Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent's attendance and testimony. (Code Civ. Proc., § 2025.450, subd. (a).) H...
2023.07.26 Motion to Compel Deposition 004
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.07.26
Excerpt: ...ccident. On February 14, 2023, Defendants filed the initial motions to compel Plaintiff Joselyn Valentina Arenas Juarez's and Plaintiff Irma Juarez Perez's attendance at a deposition. They filed amended motions on April 28, 2023 for a different scheduled deposition date. On May 3, 2023, the Court granted Defendants' Motion for Ex Parte Relief Shortening Time to Bring the Motion to Compel Attendance in part and rescheduled the hearing to July 26, ...
2023.07.26 Motion for Leave to File Amended Answer 661
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.07.26
Excerpt: ...ttlement defenses. Plaintiff has filed an opposition, and Defendant has filed a reply. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in a...

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