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2024.01.30 Motion to Dismiss 647
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.30
Excerpt: ...Mission Hills' property at 10321 Sepulveda Boulevard, 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 Premises. 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. D...
2024.01.30 Motion for Trial Preference 242
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.30
Excerpt: ...ath of Decedent Jonathan Dongin Jung (“Decedent”). Plaintiffs alleges that Defendant's security guards attacked Decedent and caused his death. A Jury Trial is currently set for June 3, 2024, four (4) months and 4 days from the hearing on January 30, 2024. LEGAL STANDARD “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...
2024.01.30 Demurrer to FAC 052
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.30
Excerpt: ... and Power (“Defendant”), City of Bishop, and County of Inyo, and Does 1 to 45, for the death of their son, Dutch Benjamin Abbott (“Decedent”), after he came into contact with a carnivorous Naegleria fowleri amoeba in a man-made water pond. The complaint alleged three causes of action: (1) statutory liability/dangerous condition on public property; (2) statutory liability/ breach of mandatory duties; and (3) negligence. On September 27, 2...
2024.01.30 Motion to Compel Responses 966
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.30
Excerpt: ...es, Set One. Plaintiff seeks monetary sanctions. Defendant opposes. 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 waives all objections, including privilege and work product, unless “[t]he party has subsequently served a response that is in substantial compliance” and...
2024.01.26 Motion to Set Aside Dismissal 203
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.26
Excerpt: ...On September 5, 2023, the case was called for trial and there were no appearances. As a result, the Court dismissed the complaint filed by Plaintiff pursuant to Code of Civil Procedure section 581(b)(3). (Min. Order, 9/5/23.) On October 11, 2023, Plaintiff filed this motion to set aside the dismissal pursuant to Code of Civil Procedure section 473(b). No opposition has been filed. LEGAL STANDARD Under Code of Civil Procedure section 473(b), the C...
2024.01.26 Motion to Reopen Discovery, to Compel IME 362
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.26
Excerpt: ...as initially set for August 31, 2022. At a later trial setting conference, trial was then set to July 20, 2023. The discovery/motion cutoff was based on that date. (Min. Order, 1/9/23.) On May 4, 2023, Plaintiff amended the complaint to add Apollo Retail Specialists as Doe 1 (“Apollo”). On June 7, 2023, pursuant to stipulation by the parties, the Court continued trial and all related discovery and motion dates to December 28, 2023. On Decembe...
2024.01.26 Motion to Dismiss 647
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.26
Excerpt: ...Mission Hills' property at 10321 Sepulveda Boulevard, 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 Premises. 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. D...
2024.01.26 Motion to Compel Further Responses 815
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.26
Excerpt: ...tiff amended the complaint to allege Southern California Edison Company as Doe 1. Defendant Southern California Edison Company (“Defendant”) now moves to compel Plaintiff's further responses, without objections, to Supplemental Requests for Production of Documents. Defendant also seeks monetary sanctions. Defendant did not provide a Separate Statement under California Rules of Court, rule 3.1345. No opposition has been filed. MEET AND CONFER ...
2024.01.25 Motions to Quash Subpoenas 272
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.25
Excerpt: ...o quash thirteen subpoenas issued by Defendants and directed to Plaintiff's individual medical providers and pharmacy. Plaintiff also seeks monetary sanctions. Defendants oppose 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 ther...
2024.01.25 Motion to Continue Trial and Related Dates 507
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.25
Excerpt: ...6, 2022 and June 13, 2022. On October 17, 2022, the Court consolidated this case and 21STCV26050. On August 21, 2023, the Court granted an ex parte application to continue trial from October 3, 2023 to February 20, 2024. Trial is currently set for February 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....
2024.01.25 Motion to Continue Trial and Related Dates 451
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.25
Excerpt: .... Defendant's answer was filed on February 14, 2023. On October 9, 2023, Defendant filed a motion for summary judgment. The hearing for summary judgment is currently scheduled for January 2, 2025. On January 3, 2024, co-defendant Metro Villas 345, L.P. filed a motion for summary judgment, set for October 30, 2024. Trial is currently set for March 28, 2024. ANALYSIS Legal Standard California Rules of Court, rule 3.1335 states as follows:¿¿ ¿ (a...
2024.01.25 Motion for Leave to File FAA 294
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.25
Excerpt: ...ting from a motor vehicle accident. On November 13, 2020, Defendants filed an answer. On October 2, 2023, Defendants filed the instant motion for leave to file an amended answer to assert affirmative defenses surrounding a purported pre-litigation settlement agreement. Plaintiff opposes and Defendants reply. LEGAL STANDARD Amendment to Pleadings: General Provisions Under Code of Civil Procedure section 576, “[a]ny judge, at any time before or a...
2024.01.24 Motion for Leave to File TAC 242
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.24
Excerpt: .... (“Defendant”) for the wrongful death of Decedent Jonathan Dongin Jung (“Decedent”). Plaintiffs alleges that Defendant's security guards attacked Decedent and caused his death. On August 17, 2023, Plaintiff Vanessa Jung Tirman, who was the personal representative of Decedent's estate, passed away. On December 13, 2023, Plaintiffs filed the instant motion for leave to file a third amended complaint to substitute Phillip Tirman, MD for Van...
2024.01.24 Motion to Compel Responses 697
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.24
Excerpt: ...ompel Plaintiffs Orlando Garcia Ramos and Mario Valenzuela Granillo (“Plaintiffs”) to serve full and complete answers to Form Interrogatories, Set One, Special Interrogatories, Set One, Admissions, and Request for Production of Documents, Set One. Defendants seek monetary sanctions. Plaintiffs oppose and Defendants reply. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propo...
2024.01.24 Motion to Compel Compliance with Deposition Subpoena 689
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.24
Excerpt: ...Bal Rajagopalan of Beverly Hills Orthopedic Institute” (“BHOI”). The subpoena set the deposition for October 2, 2023. On October 30, 2023, Defendant filed this motion to compel compliance with the subpoena. Defendant seeks monetary sanctions. The proof of service shows that Beverly Hills Orthopedic Institute was given personal notice of this motion. No opposition has been filed. LEGAL STANDARD A party seeking discovery from a person who is ...
2024.01.24 Motion to Compel Compliance with Deposition Subpoena 817
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.24
Excerpt: ...er 30, 2023, the Court granted Defendant Western Freight Carrier, Inc. (“Defendant”) leave to amend its answer to allege a purported settlement between Plaintiffs and itself. On December 28, 2023, Defendant filed the instant motion to compel compliance with a deposition subpoena served on non-party Hitzke & Ferran LLP, Plaintiff's former counsel. Defendant does not seek sanctions. Hitzke & Ferran LLP (“Hitzke”) opposes and Defendant repli...
2024.01.19 Motion to Compel Compliance with Deposition Subpoena 918
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.19
Excerpt: ...tispecialty Surgery Center (“Advanced”), seeking treatment records for Plaintiff Ramon Mayoral (“Plaintiff”). On September 5, 2023, Defendants moved to compel compliance with the subpoena under Code of Civil Procedure section 1987.1. Defendants also seek sanctions. No opposition has been filed. LEGAL STANDARD A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written depositio...
2024.01.19 Motion for Summary Judgment 568
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.19
Excerpt: ...'s Opposition to Motion for Summary Judgment 2. Plaintiff's Response to Defendant's Separate Statement 3. Declaration of Tony Forberg and Evidence in Opposition REPLY PAPERS 1. Defendant's Reply to Opposition 2. Defendant's Objections to Plaintiff's Evidence BACKGROUND On December 17, 2019, Plaintiff Sacha Agopian, by and through his GAL Christine Agopian (“Plaintiff”) filed a complaint against Westfield Corp, and Does 1 to 50 for negligence ...
2024.01.19 Motion for Leave to File Amended Complaint 618
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.19
Excerpt: ...and Does 1 to 50 for injuries related to a motor vehicle accident. On March 28, 2022, Defendant SP Plus Corporation (“SP”) filed a cross complaint against Destination Shuttle Services (“DSS”) for comparative indemnity, contribution, and declaratory relief. On March 23, 2023, SP filed a motion for leave to amend the cross complaint. The motion was continued to June 27, 2023 so SP's counsel could submit a supplemental declaration. (See Min....
2024.01.17 Motion to Compel Responses 360
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.17
Excerpt: ...covery under Insurance Code section 11580.2(f)(1). Petitioner moves to compel Respondent's response to Form Interrogatories, Set One, Special Interrogatories, Set One, and Demand for Production of Documents, Set One. Petitioner asserts that he served the discovery on July 5, 2023. (Vardanyan Decl. ¶ 2.) No extension was requested or offered. On August 31, 2023, Petitioner's counsel contacted Respondent to inquire about the discovery. (Id. ¶ 3.)...
2024.01.17 Motion for Reconsideration 263
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.17
Excerpt: ... subpoena, issued on June 17, 2021. At the hearing on the motion, Defendants did not appear. (Ibid.) On December 7, 2023, Defendants filed and served a notice of the ruling. On December 13, 2023, Defendants filed the instant motion for reconsideration of the Court's order. LEGAL STANDARD Code of Civil Procedure section 1008 provides, in pertinent part: “(a) When an application for an order has been made to a judge, or to a court, and refused in...
2024.01.17 Demurrer 486
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.17
Excerpt: ...cident. Plaintiff asserts negligence and negligence per se causes of action against Defendant Francisco Arredondo Montes and Does 1 to 50. Plaintiff's third cause of action for negligent entrustment is asserted against Defendants Carlos Arredondo and Miguel Aguilera dba Engineering Blower Systems. Defendant Engineering Blower Systems and Sheet Metal Inc. (erroneously sued as Miguel Aguilera dba Engineering Blower Systems) (hereafter “EBS”) no...
2024.01.09 Motion to Vacate Dismissal 026
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.09
Excerpt: ...serve/ alternatively trial setting conference. Counsel for Plaintiff did not appear, and the Complaint was dismissed without prejudice. (Min. Order, 8/2/23.) On October 18, 2023, Plaintiff filed this motion to set aside the dismissal pursuant to Code of Civil Procedure section 473(b). Defendant Charles McKay (Defendant) opposes and Plaintiff replies. LEGAL STANDARD Under Code of Civil Procedure section 473(b), the Court may relieve a party from a...
2024.01.09 Motion to Quash Doe Amendment 323
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.09
Excerpt: ...ermits the designation of a defendant by a fictitious name when the plaintiff is ignorant of the defendant's name. (Code Civ. Proc., § 474.) “Section 474 allows a plaintiff in good faith to delay suing particular persons as named defendants until he has knowledge of sufficient facts to cause a reasonable person to believe liability is probable.” (Dieckmann v. Superior Court (1985) 175 Cal.App.3d 345, 363.) “Absent compliance with Code of C...
2024.01.09 Motion to Compel Production of Docs 754
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.01.09
Excerpt: ...s. 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 f...

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