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2023.11.07 Demurrer to SAC 844
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.07
Excerpt: ...ed with leave to amend. (Min. Order, 8/3/22.) On April 5, 2023, Plaintiff filed a first amended form complaint. On August 21, 2023, the Court sustained Defendant's demurrer with leave to amend and granted Defendant's motion to strike punitive damages without leave to amend. (Min. Order, 8/21/23.) On August 25, 2023, Plaintiff filed a purported second amended complaint entitled “Response to Demurrer Amended Pleading.” On September 28, 2023, Pl...
2023.10.27 Motion to Compel Mental Exam 434
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.10.27
Excerpt: ...mination of Plaintiff Jessica Sernas (Plaintiff). 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. (2) The examination is conducted ...
2023.10.27 Motion to Compel Deposition 491
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.10.27
Excerpt: ...ng. Defendant Ralphs Grocery Company (Defendant) opposes. 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 party or party-affiliated deponent to attend and to testify, as well as to produce documents for inspection and copying. (Code Civ. Proc., § 2025...
2023.10.27 Demurrer 255
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.10.27
Excerpt: ...emurs to the complaint on the basis that it fails to state facts that constitute a cause of action, has a misjoinder of the parties, and is uncertain. LEGAL STANDARD The primary function of a pleading is to give the other party notice so that it may prepare its case [citation], and a defect in a pleading that otherwise properly notifies a party cannot be said to affect substantial rights.” (Harris v. City of Santa Monica (2013) 56 Cal.4th 203, ...
2023.10.27 Motion to Reopen Discovery for Limited Purpose 263
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.10.27
Excerpt: ...ability. Answers were filed on May 21, 2021 and June 9, 2021. On August 16, 2023 the Court signed a joint stipulation and order continuing the trial from September 18, 2023 to December 4, 2023. The order specified that all non-expert discovery will follow the previous trial date of September 18, 2023. Defendants Access Pacific, Inc. and City of Santa Monica (Defendants) now move to reopen discovery for the limited purpose of conducting Plaintiff ...
2023.10.17 Motion to Continue Trial 607
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.10.17
Excerpt: ...e answer was filed on June 7, 2022. On July 28, 2023, a substitution of attorney was filed for Defendants' current counsel. Trial was originally set for October 23, 2023. On August 23, 2023, the Court granted Defendants' ex parte application in part and continued the trial to November 16, 2023. Defendants now move to continue the trial date to April 22, 2024 or soon thereafter. ANALYSIS Legal Standard “Continuances are granted only on an affirm...
2023.10.17 Motion for Summary Judgment, Adjudication 050
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.10.17
Excerpt: ... Laraya M. Parnell 4. Declaration of Brian Cecil OPPOSITION PAPERS 1. Plaintiff's Opposition; Memorandum of Points and Authorities; Declaration of Nina Sargsyan 2. Separate Statement in Opposition 3. Plaintiff's Objections to Evidence 4. Plaintiff's Evidence in Opposition REPLY PAPERS 1. Reply to Plaintiff's Opposition to Motion for Summary Judgment 2. Reply Separate Statement 3. Objection to Plaintiff's Evidence 4. Response to Plaintiff's Object...
2023.10.17 Motion for Summary Judgment 233
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.10.17
Excerpt: ...s and Authorities 2. Separate Statement of Disputed Facts in Opposition 3. Plaintiff's Objection to Defendant's Evidence 4. Declaration of Analicia Avila 5. Declaration of Payman Heravi BACKGROUND On September 15, 2020, Plaintiff Payman Heravi (Plaintiff) filed a complaint against Defendants City of Los Angeles, 19923 Ventura LLC, and Does 1 to 50 for premises liability after he tripped on a sidewalk. In pertinent part, Plaintiff alleges that the...
2023.10.09 Motion to Strike 971
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.10.09
Excerpt: ...September 26, 2023. No opposition has been filed. LEGAL STANDARD California law authorizes a party's motion to strike matter from an opposing party's pleading if it is irrelevant, false, or improper. (Code Civ. Proc. §§ 435; 436(a).) Motions may also target pleadings or parts of pleadings which are not filed or drawn in conformity with applicable laws, rules or court orders. (Code Civ. Proc. § 436(b).) A motion to strike is used to address def...
2023.09.29 Motion for Terminating Sanctions 497
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.29
Excerpt: ...ourt granted Defendants' motions to compel Plaintiff's deposition, and responses to Special Interrogatories and Requests for Production. (Min. Order, May 18, 2023.) The Court ordered Plaintiff to appear for a deposition and serve verified responses to the SROG and RPD, without objections, within 30 days of notice of the order. Plaintiff did not appear at the hearing. A proof of service of the notice of ruling was filed on May 19, 2023. Defendants...
2023.09.29 Motion for Summary Judgment 804
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.29
Excerpt: ...Plaintiff's Opposition to Defendant's Motion for Summary Judgment 2. Plaintiff's Response to Defendant's Separate Statement and Plaintiff's Additional Facts 3. Declaration of Marguerite S. Sanvictores and Evidence in Support 4. Defendant Pacific Bell Telephone Company's Opposition 5. Pacific Bell's Evidentiary Objections to City of Huntington Park's Evidence 6. Pacific Bell's Response to City's Separate Statement 7. Pacific Bell's Declaration of ...
2023.09.29 Motion for Summary Judgment 084
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.29
Excerpt: ...PPOSITION PAPERS: 1. Memorandum of Points and Authorities in Opposition 2. Plaintiff's Separate Statement in Opposition 3. Response to Defendant's Undisputed Material Facts REPLY PAPERS: 1. Defendants' Reply to Plaintiff's Opposition to Motion for Summary Judgment 2. Reply to Plaintiff's Response to Separate Statement 3. Objection to Declaration of Gary Gsell BACKGROUND Plaintiff Daryl Keith Roach (Plaintiff) sued the City of Beverly Hills (“De...
2023.09.28 Motion for Summary Judgment 622
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.28
Excerpt: ...3. Separate Statement of Undisputed Facts OPPOSITION PAPERS 1. Plaintiffs' Opposition to Defendant's Motion for Summary Judgment 2. Plaintiffs' Request for Judicial Notice 3. Declaration of Armand Kizirian 4. Plaintiff's Separate Statement of Disputed Material Facts 5. Declaration of Armand Kizirian Requesting Continuance of Hearing REPLY PAPERS 1. Reply in Support of Motion for Summary Judgment; Declaration of Greg Bunch 2. Reply to Plaintiff's ...
2023.09.28 Demurrer 870
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.28
Excerpt: ... to assert a statutory basis for negligence and premises liability since Defendant is a public entity; (2) fails to identity any defective aspect of the physical condition on the property; and (3) fails to allege notice. No opposition was filed. LEGAL STANDARD The primary function of a pleading is to give the other party notice so that it may prepare its case [citation], and a defect in a pleading that otherwise properly notifies a party cannot b...
2023.09.28 Motion to Continue Trial 423
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.28
Excerpt: ...d to October 30, 2023 by stipulation. Defendant now moves to continue trial to September 23, 2024 or later, and to continue all pre- trial and trial-related dates in accordance. 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 con...
2023.09.28 Motion for Summary Judgment, Adjudication 330
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.28
Excerpt: ...vidence in Support including Lodged Video Exhibits. OPPOSITION PAPERS 1. Plaintiff's Memorandum in Opposition to Defendant's Motion for Summary Judgment 2. Plaintiff Berta Mirano's Declaration in Support 3. Plaintiff Guillermo Munoz Mirano's Declaration in Support 4. Plaintiff's Opposition to Defendant's Separate Statement of Disputed Material Facts 5. Plaintiff's Index of Exhibits and Exhibits in Support REPLY PAPERS 1. Reply to Plaintiffs' Oppo...
2023.09.28 Motion to Compel IME, Deposition 537
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.28
Excerpt: ...ow moves to compel an independent medical examination of Plaintiff, as well as Plaintiff's deposition, and seeks sanctions. In the alternative, Defendant also seeks to dismiss Plaintiff's action with prejudice. No oppositions have been filed. LEGAL STANDARD Motion to Compel IME “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...
2023.09.27 Motions to Compel Answer at Deposition and Manner of Resuming Deposition 420
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.27
Excerpt: ...tates was a little more than an hour into the deposition, the connection froze and the deposition was paused for technical difficulties. (Motion at pg. 3; Reply at Exh. 1, pg. 47.) Around 11:46, the court reporter indicated likely difficulty with taking down the record. (Id. at pg. 49.) Around 11:51, the defendant asked for a break to find another location, given that he was outside at his school. (Id. at pg. 52.) The parties went off the record ...
2023.09.27 Motion for Summary Judgment 432
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.27
Excerpt: ...ndum of Points and Authorities in Opposition 2. Plaintiff's Separate Statement in Opposition 3. Declaration of Eric A. Forstrom in Support of Plaintiff's in Opposition to Motion for Summary Judgment REPLY PAPERS: 1. Defendants' Reply to Plaintiff's Opposition to Motion for Summary Judgment BACKGROUND Plaintiff Sanjuanita Rios (Plaintiff) sued 1815 E. Workman, LLC. and John T. Tsai (“Defendants”) for negligence and premises liability. Plaintif...
2023.09.27 Motion for Judgment on the Pleadings 052
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.27
Excerpt: ...WP), City of Bishop, and County of Inyo, and Does 1 to 45, for the death of their son, decedent Dutch Benjamin Abbott, after he came into contact with a carnivorous Naegleria fowleri amoeba in a man-made water pond. On January 8, 2021, LADWP filed an answer. The complaint alleges three causes of action: (1) statutory liability/dangerous condition on public property; (2) statutory liability/ breach of mandatory duties; and (3) negligence. LADWP no...
2023.09.27 Demurrer 722
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.27
Excerpt: ...FAC) alleges that on September 2, 2020, a tree owned, maintained, and controlled by Defendant impacted Plaintiffs' vehicle and caused a collision. The FAC alleges causes of action for negligence and premises liability and was brought against the City of Los Angeles, County of Los Angeles, and Does 1 to 50. On May 26, 2023, Plaintiffs added Defendant to the FAC as Doe 1. Defendant now demurs arguing that the negligence and premises liability cause...
2023.09.26 Motion for Summary Judgment, Adjudication 840
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.26
Excerpt: ...s. OPPOSITION PAPERS 1. Plaintiff's Opposition to Defendant's Motion for Summary Judgment 2. Plaintiffs' Request for Judicial Notice 3. Plaintiff's Separate Statement of Disputed Material Facts and Additional Undisputed Material Facts in Opposition 4. Evidence in Support of Plaintiff's Opposition REPLY PAPERS 1. Memorandum of Points and Authorities in Reply to Plaintiff's Opposition 2. Response to Plaintiff's Statement of Additional Facts BACKGRO...
2023.09.26 Motion for Relief from Government Code 945.4, to Submit Late Claim 971
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.26
Excerpt: ... on his claims against Respondent City of Pico Rivera. Respondent opposes the motion. LEGAL STANDARD Pursuant to the Government Claims Act, a party with a claim for damages against a public entity must first timely present the claim directly with that entity.¿ The party may file a lawsuit only if the public entity denies or rejects the claim (either expressly or by operation of law). (Gov. Code §§ 905, 945.4; City of Ontario v. Superior Court ...
2023.09.21 OSC Re Proper Venue 528
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.21
Excerpt: ...her venue is proper in Los Angeles County, (2) whether any objection regarding venue has been waived, and (3) whether the Court may consider and rule on the venue issue sua sponte without a motion by Defendant. LEGAL STANDARD Pursuant to Code of Civil Procedure section 395(a), in an action for personal injuries, the “superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants...
2023.09.21 OSC Re Dismissal 669
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.21
Excerpt: ..., and exclusively has represented Plaintiff since then. (Id.) On May 2, 2023, the parties entered into a settlement agreement and a settlement check was made payable to Plaintiff Melissa Rosapapan, McElfish Law Firm, and Panah Law Firm. D Hess Panah and McElfish have asserted a lien for their attorney's fees. (Motion at pg. 3.) Plaintiff asserts, through her counsel McElfish Law Firm, that D. Hess Panah has refused to endorse the settlement check...

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