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2024.03.07 Motion for Leave to Amend Complaint 528
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.07
Excerpt: ... the Court, Defendants Harrie Cohen and Evan Cohen filed a cross complaint against 118 Clark Homeowners Association. On January 11, 2024, Plaintiff filed an amendment to the complaint, substituting Defendant 118 Clark Homeowners Association (“Defendant”) as Doe 1. On February 9, 2024, Plaintiff filed the instant motion for leave to file an amended complaint to assert that Doe 1 is a corporation. Defendant opposes and Plaintiff replies. LEGAL ...
2024.03.07 Demurrer 702
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.07
Excerpt: ...AHF, and that Defendant failed to respond to warnings about a violent tenant who later shot Plaintiff on July 26, 2022. (Complaint ¶ 42.) ¿ On November 8, 2023, AHF filed a cross complaint against County of Los Angeles, County of Los Angeles' Sheriff's Department, Omar Deayon, and Does 1 to 10 for failure to perform a mandatory duty and equitable indemnity. AHF alleges that it obtained a writ of possession against the tenant who shot Plaintiff,...
2024.03.06 Motion to Tax Costs 692
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.06
Excerpt: ...dventist Health) (collectively, “Defendants”). On October 1, 2021, Defendants filed an answer. On September 11, 2023, the Court granted Defendants' motion for summary judgment. Judgment for Defendants was entered on January 5, 2024. On January 9, 2024, Defendants filed and served notice of the entry of the judgment. On January 19, 2024, Defendants filed and served electronically, its Memorandum of Costs (forms MC -010 and MC -011), claiming $...
2024.03.06 Motion to Strike Second Supplemental Expert Designation 368
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.06
Excerpt: ...scheduled for July 21, 2022. On July 20, 2022, the Court granted Plaintiff's ex parte application and continued trial to November 8, 2022. On October 6, 2022, pursuant to stipulation, the Court continued trial and all related dates to March 1, 2023. On January 27, 2023, pursuant to stipulation, the Court continued trial and all related dates to May 15, 2023. On April 27, 2023, pursuant to stipulation, the Court continued trial to September 27, 20...
2024.03.06 Motion to Compel Further Responses 421
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.06
Excerpt: ...ember 21, 2022, Plaintiff Rosa Yen (“Plaintiff”) propounded Form Interrogatories, Set One on Defendant Ernesto Ramos Esparza (“Defendant”). (Padgette Decl. ¶ 2, Exh. 1.) Defendant served responses dated December 13, 2022, after receiving multiple ex tensions. (Id. ¶ 3, Exh. 2.) Plaintiff moves to compel further responses to Form Interrogatories, Set One. Plaintiff argues Defendant has only asserted boilerplate objections. Plaintiff requ...
2024.03.06 Motion for Summary Judgment, Adjudication 323
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.06
Excerpt: ...udgment, or in the Alternative Summary Adjudication 3. Request for Judicial Notice 4. Evidence in Support of Defendants' Motion OPPOSITION PAPERS: 1. Memorandum of Points and Authorities in Support of Plaintiff's Opposition 2. Plaintiff's Separate Statement of Disputed and Undisputed Material Facts and Additional Disputed Facts 3. Request for Judicial Notice 4. Declaration of Oscar A. Bustamante 5. Declaration of Demetra Lipkins 6. Declaration of...
2024.03.06 Motion for Judgment on the Pleadings 091
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.06
Excerpt: ...injuries related to a motor vehicle accident that occurr ed on January 14, 2022. On December 16, 2022, Cross Complainants Gregory Wyatt Kupka and Nancy E. Kupka (“Cross Complainants”) filed an answer and cross complaint against Cross Defendants Glendale Fire Department and Connor James Crampton (“Cross Defendants”) for indemnity and co ntribution. On December 7, 2023, Cross Defendants filed an answer to the cross complaint. Cross Defendan...
2024.03.05 Motions to Compel Further Responses 421
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.05
Excerpt: ...On September 21, 2022, Plaintiff David L. Yen (“Plaintiff”) propounded Requests for Production of Documents, Set One on Defendant Ernesto Ramos Esparza (“Defendant”). (Padgette Decl. ¶ 2, Exh. 1.) Defendant served responses dated December 13, 2022, after r eceiving multiple extensions. (Id. ¶ 3, Exh. 2.) Plaintiff moves to compel further responses to Requests for Production, Set One. Plaintiff argues Defendant has only asserted boilerpl...
2024.03.05 Motion to Permit Two Independent Medical Exams 975
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.05
Excerpt: ...s Angeles County Metropolitan Transportation Authority (“Defendant)” now moves to allow a neurological examination and orthopedic examination of Plaintiff on the same date. No opposition has been filed. LEGAL STANDARD “If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain leave of court. A motion for an ...
2024.03.04 Motion to Dismiss 647
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.04
Excerpt: ...rd, Mission Hills, CA 91345 (“Premises”). Plaintiff alleges two causes of action for general negligence and premises liability. Plaintiff alleges in the negligence cause of action that she was struck by a vehicle while on the Pre mises. In her premises liability cause of action, Plaintiff alleges she tripped on a pothole on the Premises. At the time of her injury, Plaintiff was employed by B. Deirmenjian DDS, Inc. which leased an office on th...
2024.03.04 Motion to Compel Further Responses 421
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.04
Excerpt: ...pril 10, 2023, Plaintiff Rosa Yen (“Plaintiff”) propounded Requests for Admissions, Set One on Defendant Ernesto Ramos Esparza (“Defendant”). (Padgette Decl. ¶ 2, Exh. 1.) Extensions to respond were granted until May 26, 2023. (Id. ¶ 3.) On October 3, 2023, Defendant served a response. (Id. ¶ 5, Exh. 4.) Plaintiff moves to compel further responses to Requests for Admissions, Set One. Plaintiff argues Defendant has only asserted boilerp...
2024.03.04 Motion for Reconsideration, Relief for Excusable Neglect 692
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.04
Excerpt: ...pears Defendant did not file this motion within the timeframe under Code of Civil Procedure section 1005, the Court will consider the motion absent any prejudice to the parties. No opposition has been filed. LEGAL STANDARD Under Code of Civil Procedure section 473(b), the Court may relieve a party from an order taken against him through his mistake, inadvertence, surprise, or excusable neglect. This application must be filed no more than six mont...
2024.02.29 Motion for Terminating Sanctions 670
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.02.29
Excerpt: ...Defendant propounded discovery in December 2022 and eventually brought motions to deem admitted its Request for Admissions, Set One and to compel responses to Request for Production, Set One, Form Interrogatories, Set One, and Special Interrogatories, Set One. On November 20, 2023, the Court granted Defendant's unopposed motion to deem admitted because Plaintiff failed to verify her responses. The Court also imposed a $60 monetary sanction agains...
2024.02.27 Motion to Quash Service and Set Aside 179
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.02.27
Excerpt: ...Defendant Derita Foster (“Defendant”) as Doe 4. On October 2, 2023, Plaintiff filed a proof of service of the complaint and summons on Defendant by substitute service on September 23, 2023. On November 20, 2023, default was entered against Defendant. On January 30, 2024, Defendant, making a special appearance, filed the instant motion to set aside entry of default and quash service of the summons and complaint. No opposition has been filed. A...
2024.02.27 Motion to Augment Expert Witness Designation 233
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.02.27
Excerpt: ...nd her supplemental designation on February 22, 2023. (Grover Decl. ¶ 4, Exh. B, C.) Although Plaintiff designated a neurosurgeon as an expert, Defendant did not supplement her list to include a neurosurgeon, finding that a neurologist, orthopedic surgeon, and radiologist was sufficient for the case. (Id.) However, on November 8, 2023, Plaintiff underwent brain surgery. Due to this surgery, Defendant now seeks to augment her expert designation t...
2024.02.27 Demurrer 358
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.02.27
Excerpt: ...nt Beverages & More, Inc. (“Defendant”) now demurs to the entire complaint arguing that the causes of action fail since they are: (1) precluded by the worker's compensation exclusivity doctrine, (2) barred by res judicata, and (3) uncertain. Plainti ff opposes and Defendant replies. 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...
2024.02.23 Motion to Seal 566
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.02.23
Excerpt: ...ly, no opposition has been filed. LEGAL STANDARD To grant a motion to seal, the court must expressly find that: (1) an overriding interest exists that overcomes the right of public access to the record; (2) the overriding interest supports sealing the records; (3) a substantial probability exists that th e overriding interest will be prejudiced if the record is not sealed; (4) the proposed sealing is narrowly tailored; and (5) no less restrictive...
2024.02.23 Motion to Compel Arbitration 188
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.02.23
Excerpt: ...ehicle. Shendall D. Duncan was a passenger in the vehicle. Defendant Lyft, Inc. (“Lyft”) now moves to compel arbitration and to stay the proceedings as to Plaintiff Jose Luis Gutierrez (“Gutierrez”) pending completion of arbitration. 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...
2024.02.23 Motion for Leave to File Complaint 050
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.02.23
Excerpt: ... . Plaintiff alleges he was performing his duties as a security guard at a cargo facility at 18055 Harmon Ave. Carson, California, when he was physically assaulted by Defendant Fermin Antonio Mazariego Jr. (FAC ¶ 7, 10- 11.) Plaintiff sued Defendant Cartage West, Inc. (“Cartage”) for negligence and negligent hiring and supervision based on Mazariego's alleged actions and alleges it owned the premises where the incident occurred (FAC ¶ 9). O...
2024.02.09 Motion to Vacate Default, Judgment 590
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.02.09
Excerpt: ... On May 16, 2023, the Court granted Plaintiff's request for default judgement but denied the request for punitive damages. The Court ordered Plaintiff to submit an amended judgment form to reflect the Court's order. (Min. Order, 5/16/23.) On July 3, 2023, the Court granted default judgment against Defendant. On December 28, 2023, Defendant filed the instant motion to vacate the entry of default and default judgment under Code of Civil Procedure s...
2024.02.08 Motion to Continue Trial Date 875
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.02.08
Excerpt: ...n Alverson (“Defendant”) for injuries arising from a motor vehicle incident. Trial is currently set for March 4, 2024. On January 16, 2024, Defendant filed the instant motion requesting the Court to continue the trial date in order for her discovery motions to be heard and for discovery to be completed prior to Trial. As of January 26, 2024, the motion is unopposed. II. Discussion Although continuances of trials are disfavored, each request f...
2024.02.08 Motion for Leave to Amend Complaint 817
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.02.08
Excerpt: ...Inc. (“Defendant”) filed an answer. On January 29, 2022, Defendant Gerardo Rendon Venegas (“Decedent”) passed away. (Kim Decl. ¶ 4, Exh. 1.) On January 23, 2024, Plaintiffs filed the instant motion for leave to file an amended complaint to add “Estate of Decedent Gerardo Rendon Venegas, Deceased” as a defendant. Trial is currently set for March 11, 2024. Defendant does not oppose the motion but filed a response. Plaintiffs filed a re...
2024.02.06 Motion to Continue Trial 721
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.02.06
Excerpt: ..., 2023, Defendant also filed a cross complaint against Sandra Elizabeth Roca and Roes 1 to 50. On June 20, 2023, Sandra Elizabeth Roca filed an answer to the cross-complaint. Trial is currently set for March 27, 2024. There have been no prior continuances in this case. 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.Ap...
2024.02.06 Motion to Compel Responses 360
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.02.06
Excerpt: ... responses, without objections, to Special Interrogatories, Set One. Defendants also move to compel Plaintiff Esmeralda Espinoza to serve verified responses, without objections, to Special Interrogatories, Set One and Form Interrogatories, Set One. Defendants seek monetary sanctions. 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 ...
2024.01.31 Motion for Summary Judgment, Adjudication 755
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.31
Excerpt: ...eclaration of Susan Rappaport 5. Defendant's Compendium of Exhibits OPPOSITION PAPERS 1. Plaintiff's Opposition 2. Plaintiff's Separate Statement of Undisputed Facts in Opposition 3. Declaration of Adam Lugo 4. Norguard Insurance Company's Opposition 5. Norguard's Separate Statement of Disputed and Undisputed Material Facts in Opposition 6. Objections to Evidence Submitted by Plaintiff Norguard Insurance 7. Norguard Insurance Company's Compendium...

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