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2024.01.09 Motion to Compel Deposition 077
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.09
Excerpt: ...Ismael Cabuto, Antonio Cabuto Zambrano, and Maria Barbas Sanchez (Defendants) move to compel Plaintiff Clarence Davis' (Plaintiff) deposition. Plaintiff opposes. 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 no...
2024.01.09 Motion for Determination of Good Faith of Settlement 211
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.09
Excerpt: ...t that [a] settlement was made in good faith shall bar any other joint tortfeasor . . . from any further claims against the settling tortfeasor . . . for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.” (Code Civ. Proc. § 877.6 (c).) Any party to an action may move for an order determining whether a settlement between the plaintiff and one or more alleged tortfeasor...
2024.01.09 Motion for Summary Judgment, Adjudication 493
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.09
Excerpt: ...rt OPPOSITION PAPERS 1. Plaintiff's Opposition 2. Opposition to Separate Statement of Undisputed Material Facts 3. Plaintiff's Index of Exhibits in Support REPLY PAPERS 1. Reply in Support of Motion 2. Reply to Separate Statement BACKGROUND On June 1, 2021, Plaintiff Judicial Council of California (Plaintiff) filed a complaint against Defendant County of Los Angeles (Defendant) for property damage after Defendant's employee allegedly damaged Plai...
2024.01.05 Motion to Quash or Modify Subpoenas 658
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.05
Excerpt: ...ed on June 15, 2020. Plaintiff now moves to quash ten subpoenas issued by Defendants and directed to various medical facilities. Plaintiff also seeks monetary sanctions. Defendants oppose. LEGAL STANDARD Code of Civil Procedure § 1987.1(a) states: If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at t...
2024.01.05 Motion to Continue Trial 031
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.05
Excerpt: ...s currently set for March 13, 2024. ANALYSIS Legal Standard “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.)¿ California Rules of Court, rule 3.1332 sets forth factors for the Court to con...
2024.01.05 Motion to Compel Further Responses 320
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.05
Excerpt: ... Bautista (“Bautista”) for damages related to a motor vehicle accident. On December 27, 2022, Defendant Bautista propounded Requests for Production of Documents, Set One on Plaintiff. Plaintiff served verified responses on August 7, 2023. (Joseph Decl. ¶ 4.) Bautista now moves to compel further responses to numbers 5, 8–11, 13, 17, 19–20, 23, 26, 29, 32, 34, 45–55. Defendants also bring a separate motion to compel initial responses to ...
2024.01.05 Motion for Protective Order 958
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.05
Excerpt: ...n the scope of employment with Pacific Global Consolidators Inc. (PGC). On August 18, 2023, Plaintiff served a notice of deposition and production of documents on PGC's employee, Clarise Lai. PGC now moves for a protective order to quash the deposition. Plaintiff opposes. LEGAL STANDARD Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order. The...
2024.01.02 Motion to Quash Service and Set Aside 438
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.02
Excerpt: ...nt) by substitute service on April 16, 2021. On October 13, 2022, default was entered against Defendant. On September 12, 2023, Plaintiff requested default judgment against Defendant. The Court has not granted defaulted judgment yet. On September 12, 2023, Defendant, making a special appearance, filed the instant motions to set aside entry of default and quash service of the summons and complaint. No opposition has been filed. ANALYSIS Set Aside ...
2024.01.02 Motion to Compel Responses, for Monetary Sanctions 445
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.02
Excerpt: ... 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 work product, unless “[t]he party has subsequently served a response that is in substantial compliance” and “[t]he party's fai...
2024.01.02 Motion to Compel Further Deposition Testimony 242
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.02
Excerpt: ...ngful death of Decedent Jonathan Dongin Jung (Decedent). Plaintiffs alleges that Defendant's security guards attacked Decedent and caused his death. On July 14, 2023, Defendant took the deposition of Plaintiff Vanessa Jung Tirman (Plaintiff) where Defendant attempted to show Plaintiff surveillance video of the alleged attack. Plaintiff's counsel ended the deposition. Defendant now moves to compel Plaintiff's deposition testimony regarding the sur...
2024.01.02 Motion for Summary Judgment, Adjudication 207
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.02
Excerpt: ...mber 10, 2021, Plaintiff Jason Neil Henkey (Plaintiff) filed a complaint against Defendants City of Glendale, Cao Son Do, and Does 1 to 50 for premises liability, dangerous condition of public property, and willful failure to warn. Plaintiff alleges that he tripped on uneven pavement on a sidewalk in front of 426 Coutin Lane, Glendale, California 91206 and that the sidewalk was under the “custody, control, and maintenance” of Defendant Cao So...
2023.12.15 Motion to Advance Trial 804
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.15
Excerpt: ..., Plaintiff was granted default judgment against Defendants Jose Martin Lopez Graciano, Gisela Graciano, Jose P. Arguelles, and Rosa A. Arguelles. On January 18, 2023, Defendants Jose P. Arguelles and Rosa A. Arguelles' (hereafter “Defendants”) motion to vacate judgment was granted on the basis that they were not served the summons and complaint at their correct address and lacked actual notice. (Min. Order, 1/18/23.) On January 19, 2023, Def...
2023.12.15 Demurrer to FAC, Motion to Strike 526
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.15
Excerpt: ...ringing seven causes of action. Defendants' demurrer to six causes of action was sustained with leave to amend. (Min. Order, 9/19/23.) On October 17, 2023, Plaintiffs filed a first amended complaint (FAC). Defendants now demur to the FAC arguing that Plaintiffs have again failed to state facts sufficient to constitute a cause of action for the following: - First Cause of Action for Battery - Third Cause of Action for Intentional Infliction of Emo...
2023.12.15 Motion for Judgment on the Pleadings 427
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.15
Excerpt: ...nce. Plaintiff alleges that on January 3, 2021, “at or near the 2600 block of Ocean Front Walk in Venice, California,” he was riding his bicycle on the beach bike path behind a motorized vehicle owned by Star Bike Rentals and operated by Benshalom or Does. Plaintiff alleges the motorized vehicle made a sudden left turn in front of Plaintiff, causing him to strike the vehicle and be ejected from his bicycle. (FAC, 4.) Defendant Beachfront Bike...
2023.12.15 Motion for Summary Judgment 510
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.15
Excerpt: ...aint against Defendants Kyle Schroeder, Lyft, Inc., and Does 1 to 25 for negligence resulting from a motor vehicle accident. Plaintiff alleges that each Defendant was an employee or agent of the other and acting within the scope of employment. (Complaint ¶ 4.) Plaintiff also alleges that all Defendants breached their duty by “negligently entrusting, owning, operating, and/or maintaining” the subject motor vehicle. (Id. ¶ 9.) Defendant Lyft,...
2023.12.15 Motion to Continue Trial 774
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.15
Excerpt: ...or May 5, 2023. Trial was continued once pursuant to stipulation to January 10, 2024. ANALYSIS Legal Standard “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.)¿ California Rules of Court, r...
2023.12.15 Motion to Compel Further Responses 702
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.15
Excerpt: ...ant, and that Defendant failed to respond to warnings about a violent tenant who later shot Plaintiff. On August 28, 2023, Plaintiff propounded Special Interrogatories, Set Two on Defendant. (Harings Decl. ¶ 2.) The interrogatory at issue seeks the contact information of a witness, Victor Quinonez (Quinonez). Defendant objected on privacy grounds and served its response on October 2, 2023. Plaintiff contends the response is deficient because con...
2023.12.15 Motion to Compel Second Volume Deposition, for Monetary Sanctions 617
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.15
Excerpt: ...1. Defendant previously deposed Plaintiff on August 21, 2023, for nearly seven hours. Defendant now moves to compel additional time of at least ten hours to complete Plaintiff's deposition. Defendant also seeks monetary sanctions. Plaintiff opposes and Defendant replies. On December 5, 2023, the parties participated in an Informal Discovery Conference (IDC). The issues were not resolved, but the Court ordered the parties to submit a joint stateme...
2023.12.15 Motion to Quash Service of Summons 605
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.15
Excerpt: ...Does 1 to 10 for negligence surrounding a motor vehicle accident. The complaint states the accident occurred in Cobb County, Georgia. Specially Appearing Defendants Driven Brands Holdings, Inc., IMO US Georgia, LLC, and IMO US South, LLC (Defendants) now move to quash service of the summons under Code of Civil Procedure section 418.10, arguing the Court lacks jurisdiction. No opposition has been filed. LEGAL STANDARD “A defendant . . . may serv...
2023.12.15 Motion to Reopen Discovery for Limited Purpose 243
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.15
Excerpt: ...t. Defendants Parking Company of America Management, LLC and Maria Olortegui (Defendants) filed their answers on October 28, 2021 and November 2, 2021, respectively. Trial was initially set for February 6, 2023. On January 31, 2023, Defendants' ex parte application continuing trial, and all discovery cut-off dates, to June 12, 2023, was granted. (Min. Order, 1/31/23.) On May 2, 2023, the Court signed a stipulation and order continuing the trial a...
2023.12.14 Motion to Compel Arbitration 144
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.14
Excerpt: ...on and to stay the proceedings pending completion of arbitration. No opposition has been filed. LEGAL STANDARD The Federal Arbitration Act (FAA) governs a motion to compel arbitration when an agreement provides its ‘enforcement' shall be governed by the FAA. (Victrola 89, LLC v. Jamon Properties 8 LLC (2020) 46 Cal.App.5th 337, 346.) Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to ...
2023.12.14 Demurrer 561
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.14
Excerpt: ...san Fitzgerald on September 7, 2000 (LASC Case No. BC236431). The initial action was voluntarily dismissed in 2002. 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 25, 2023, the Court granted a moti...
2023.12.13 Motion to Continue Trial 658
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.13
Excerpt: ...n to March 15, 2024. ANALYSIS Legal Standard “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.)¿ California Rules of Court, rule 3.1332 sets forth factors for the Court to consider in ruling...
2023.12.13 Motion for Terminating Sanctions 913
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.13
Excerpt: ...rning 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 anyone engaging in conduct that is a misuse of the discovery process.” (Code Civ. Proc. section 2023.030.) The court may impose a terminating sanction for misuse of the discovery process by any of the following: “(1) An order striking o...
2023.12.13 Motion for Determination of Good Faith Settlement 804
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.13
Excerpt: ...) and it, was made in good faith. Co-defendant North Atlantic Investment Co., LLC (“NAI”) opposes and La Mexicana Meat Market replies. LEGAL STANDARD Under section 877.6 of the Code of Civil Procedure, “[a] determination by the court that [a] settlement was made in good faith shall bar any other joint tortfeasor . . . from any further claims against the settling tortfeasor . . . for equitable comparative contribution, or partial or comparat...
2023.12.08 Motion for Reconsideration 613
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.08
Excerpt: ...onetary sanctions against all counsel for failure to comply with the 8 th Amended General Standing Order to be ready for the final status conference (“OSC”). Counsel for defendant was ordered to give notice to Plaintiff. (See Minute Order Dated August 29, 2023.) A notice of ruling and proof of service were filed on August 29, 2023. Defendant filed a declaration in response to the order to show cause. On September 12, 2023, Plaintiff again fai...
2023.12.08 Motion for Leave to File SAC 084
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.08
Excerpt: ... on the property. Defendant filed an answer on November 26, 2019. Defendant then moved for summary adjudication, which was granted in part on August 23, 2022. On October 12, 2023, Plaintiff filed the instant motion for leave to file a second amended complaint. Matsunaga opposes and Plaintiff replies. LEGAL STANDARD Amendment to Pleadings: General Provisions Under Code of Civil Procedure section 576, “[a]ny judge, at any time before or after com...
2023.12.08 Motion to Quash or Modify Subpoenas 702
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.08
Excerpt: ...d to respond to warnings about a violent tenant who later shot Plaintiff. Plaintiff now moves to quash seventeen subpoenas issued by Defendant and directed to various medical businesses. Plaintiff also seeks monetary sanctions. Defendant opposes and Plaintiff replies. LEGAL STANDARD Code of Civil Procedure § 1987.1(a) states: If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored informati...
2023.12.08 Motion for Summary Judgment 140
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.08
Excerpt: ... filed a complaint against Defendants City of Alhambra and Does 1 to 50 for premises liability, general negligence, and dangerous condition of public property. Plaintiff alleges that she tripped and fell on uneven ground at S. El Molino St. and E. Shorb St. in Alhambra, California. Defendant City of Alhambra (Defendant) now moves for summary judgment arguing that no triable issue of material fact exists. No opposition was timely filed. LEGAL STAN...
2023.12.08 Motion to Advance MSJ Hearing Date 791
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.08
Excerpt: ...n December 22, 2022. The case was removed to federal court on March 23, 2022 and remanded on January 30, 2023. On September 26, 2023, Plaintiff filed a motion for trial preference, set to be heard on January 2, 2024. Trial is currently set for May 20, 2024. ANALYSIS Legal Standard “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...
2023.12.08 Motion to Quash Deposition Subpoena 015
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.08
Excerpt: ... on the basis that Plaintiff's counsel was unavailable on the date. Plaintiff contends the date was set unilaterally. Plaintiff then filed this motion to quash on October 30, 2023. Defendant opposes and Plaintiff replies. LEGAL STANDARD A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposition, or deposition subpoena for production of business records.¿ (Code Civ. Proc., ...
2023.12.07 Motion to Compel Responses 464
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.07
Excerpt: ...er 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 has subsequently served a response that is in substantial compliance...
2023.12.07 Motion to Compel Arbitration 549
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.07
Excerpt: ...re passengers in Ayansa's vehicle, who was driving for Uber. (Complaint, 5.) Uber now moves to compel arbitration and to stay the proceedings pending completion of arbitration. No opposition has been filed. LEGAL STANDARD The Federal Arbitration Act (FAA) governs a motion to compel arbitration when an agreement provides its ‘enforcement' shall be governed by the FAA. (Victrola 89, LLC v. Jamon Properties 8 LLC (2020) 46 Cal.App.5th 337, 346.) P...
2023.12.05 Motion to Compel Deposition 322
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.05
Excerpt: ... Compel Deposition 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).) The party served with a deposition n...
2023.12.05 Motion for Terminating Sanctions 331
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.05
Excerpt: ...orized 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 anyone engaging in conduct that is a misuse of the discovery process.” (Code Civ. Proc. section 2023.030.) Failing to respond or to submit to an authorized method of discovery constitutes a misuse of the discover...
2023.12.05 Motion for Leave to Intervene 155
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.05
Excerpt: ...urance Company (Infinity) now moves for leave to file an answer in intervention on behalf of its insured, Baz Mohammad Nomair and A-1 Auto Body, LLC (collectively, “Defendants”). No opposition has been filed. LEGAL STANDARD Code of Civil Procedure section 387(d) provides, “[t]he court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: . . . (B) The p...
2023.11.30 Motion to Compel Discovery 548
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.30
Excerpt: ...aintiff's shoes, responses to Form Interrogatories, Set One, Supplemental Interrogatories, Set One, Requests for Production Set One and Two, and Supplemental Request for Production, Set One. No opposition has been filed. LEGAL STANDARD 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 waive...
2023.11.30 Motion for Summary Judgment 829
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.30
Excerpt: ...Opposition to Defendants' Motion for Summary Judgment; Memorandum of Points and Authorities; Declaration of Igor Fradkin 2. Plaintiff's Separate Statement 3. Plaintiff's Evidence in Opposition BACKGROUND On March 1, 2021, Plaintiff Trevor Starks (Plaintiff) filed a complaint against Defendants FG Property Management, Inc. and 1254 W. 10 th Street, LLC (Defendants) and Does 1 to 50 for negligence and premises liability. Plaintiff rented a unit on ...
2023.11.30 Motion for Leave to File FAA 817
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.30
Excerpt: ..., Western Freight Carrier, Inc. (Defendant) filed an answer. On November 1, 2023, Defendant filed the instant motion for leave to file an amended answer to assert a twelfth and thirteenth affirmative defense of settlement and promissory estoppel. Plaintiffs oppose and Defendant replies. LEGAL STANDARD Amendment to Pleadings: General Provisions Under Code of Civil Procedure section 576, “[a]ny judge, at any time before or after commencement of t...
2023.11.17 Motions to Quash Subpoenas 897
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.17
Excerpt: ...Defendant). Plaintiff also seeks monetary sanctions against Defendant. In the alternative, Plaintiff requests a protective order. Defendant opposes and Plaintiff replies. LEGAL STANDARD Code of Civil Procedure § 1987.1(a) states: If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a dep...
2023.11.17 Motion to Compel IME 088
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.17
Excerpt: ...intiff's physical examination pursuant to Code of Civil Procedure section 2032.220. Plaintiff opposes and Defendant replies. 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....
2023.11.16 Motion to Quash Subpoena 897
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.16
Excerpt: ...Defendant). Plaintiff also seeks monetary sanctions against Defendant. In the alternative, Plaintiff requests a protective order. Defendant opposes and Plaintiff replies. LEGAL STANDARD Code of Civil Procedure § 1987.1(a) states: If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a dep...
2023.11.16 Motion for Summary Adjudication 022
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.16
Excerpt: ...dants' Opposition to Plaintiff's Motion for Summary Adjudication; Declaration of Connie L. Benson 2. Defendants' Separate Statement in Opposition REPLY PAPERS 1. Reply to Opposition to Motion BACKGROUND On June 10, 2019, Plaintiff Hiram Ash, in pro per (Plaintiff), filed a complaint against Defendants Coach USA, Inc. dba Megabus West LLC and Megabus, and Does 1 to 50 for negligence, negligent infliction of emotional distress, and breach of contra...
2023.11.16 Motion for Protective Order 565
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.16
Excerpt: ... William and Wrenn Chais 1994 Trust; and Wrenn Chais, as Trustee of the William and Wrenn Chais Trust 1994 (Defendants). Plaintiff served a demand for inspection of the subject premises and staircase. Defendants now move for a protective order to prohibit inspection entirely, or in the alternative, limit the scope to the subject staircase where Plaintiff fell and require any person inspecting to sign a liability waiver. Plaintiff opposes and Defe...
2023.11.16 Demurrer, Motion to Strike 129
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.16
Excerpt: ...ed a Target store at the Figat7th mall (“Mall”) and stabbed customers with a knife. Plaintiff in this case alleges he was employed as a security guard by Watermark Security Group Inc., which had a contract with Target Corporation to guard the subject store. (Complaint ¶ 1, 6.) He also alleges that BOP Figat7th LLC contracted with Universal Protection Service, LP to provide security at the Mall. (Id. ¶ 5.) Plaintiff alleges he responded to t...
2023.11.16 Demurrer 697
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.16
Excerpt: ...ng it is uncertain and fails to state facts to constitute a cause of action against a public entity. LEGAL STANDARD A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading (complaint, answer or cross-complaint). (Code Civ. Proc. §§ 422.10, 589; see Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) It is not th...
2023.11.07 Motion to Strike 980
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.07
Excerpt: ...nal infliction of emotional distress (IIED). Defendants United Nationwide Security Services and Robert Soesoe (Defendants) now move to strike references to punitive damages in the negligent hiring, assault, battery, and IIED causes of action and in the prayer for relief. Plaintiff opposes and Defendants reply. LEGAL STANDARD California law authorizes a party's motion to strike matter from an opposing party's pleading if it is irrelevant, false, o...
2023.11.07 Motion to Quash Subpoenas 086
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.07
Excerpt: ...nt. Plaintiff James V. Beer (Plaintiff) now moves to quash four deposition subpoenas issued by Defendants to Plaintiff's schools and speech therapists. Plaintiff objects that the information sought is overbroad, is privileged, and violates a privacy right. Defendants oppose and Plaintiff replies. LEGAL STANDARD “Any consumer whose personal records are sought by a subpoena duces tecum and who is a party to the civil action in which this subpoena...
2023.11.07 Motion to Compel Compliance with Deposition Subpoena 919
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.07
Excerpt: ... deposition subpoena set for September 22, 2023. (Fabrega Decl. ¶ 4.) Abrams did not appear. Defendants then sent a meet and confer correspondence to Abrams asking for an explanation or alternative dates no later than September 29, 2023. When Abrams did not respond, Defendants filed this motion on October 2, 2023. LEGAL STANDARD A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, writ...
2023.11.07 Motion for Summary Judgment, Adjudication 894
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.07
Excerpt: ...ppendix of Exhibits of Defendant OPPOSITION PAPERS 1. Plaintiff's Response to Notice of Motion and Motion of Defendant, Mark Mikhael, M.D., for Summary Judgment 2. Plaintiff's Response to Undisputed Material Facts and Evidence 3. Appendix of Exhibits of Plaintiff in Support REPLY PAPERS 1. Reply to Plaintiff's Opposition BACKGROUND On September 22, 2021, Plaintiff Linda Van Cleave (Plaintiff) filed a complaint, in pro per, against Defendant Mark ...

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