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2018.7.24 Motion to Set Aside Default, Judgment 223
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.24
Excerpt: ...BACKGROUND On September 10, 2015, plaintiff Alma Alcaraz filed a complaint against defendants Poison Ivey, Inc., dba Poison Ivy, Harout Balyan, Eddie Shimonov, and Serge for premises liability. Plaintiff alleges that on September 13, 2014, plaintiff's co-employee and employee of defendant caused a florescent light fixture to break and fall from the ceiling, striking plaintiff's leg, and causing serious personal injuries. Plaintiff further alleges...
2018.7.24 Motion for Terminating Sanctions 104
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.24
Excerpt: ...n May 9, 2018, the court granted defendant's motions to compel discovery requests. Trial is set for May 9, 2019. DISCUSSION Defendant requests that the court impose terminating sanctions against plaintiff for his failure to comply with the court's order dated May 9, 2018. Defendant further requests that the court impose additional monetary sanctions in the amount of $620. If a party fails to comply with a court order compelling discovery response...
2018.7.24 Motion for Reconsideration 866
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.24
Excerpt: ...order, the trial date was continued from December 27, 2017 to April 30, 2018. On April 6, 2018, pursuant to stipulation and order, the trial date was continued from April 30, 2018 to June 20, 2018. On June 6, 2018, at an ex parte hearing, the court continued the trial date to September 6, 2018. All discovery and motion cut-off dates were continued with the trial date. LEGAL STANDARD Under CCP §1008(a), “When an application for an order has bee...
2018.7.24 Demurrer 297
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.24
Excerpt: ...al distress (“NIED”). On April 20, 2018, the Court sustained Defendant Providence Tarzana Medical Center's (“Defendant”) demurrer to the NIED cause of action, on the grounds that more facts were needed for the bystander theory. Plaintiffs filed a First Amended Complaint on May 18, 2018. On June 18, 2018, Defendant filed a demurrer to the NIED claim. Plaintiffs filed their opposition on June 28, 2018. Plaintiffs' complaint arises from the ...
2018.7.23 Motion to Continue Trial 767
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.23
Excerpt: ... On February 1, 2018, pursuant to order and stipulation, the trial date was continued from April 30, 2018 to August 30, 2018. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “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.” Under CRC Rule 3.1332(b), “A party seeking a continuance of the date set for trial, whether contested ...
2018.7.23 Motion to Continue Trial 573
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.23
Excerpt: ...018. On April 18, 2018, pursuant to order and stipulation, the trial date was continued from April 18, 2018 to August 6, 2018. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “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.” Under CRC Rule 3.1332(b), “A party seeking a continuance of the date set for trial, whether contested...
2018.7.23 Motion to Compel Responses, to Establish Admissions 136
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.23
Excerpt: ...dered the moving and opposition papers. BACKGROUND On May 20, 2016, plaintiff Virginia Ontiveros filed a complaint against defendant Los Angeles Unified School District for premises liability. Plaintiff alleges that on May 21, 2014, she was lawfully on the defendant's premises, and was attending an adult education class when she was hit in the head and knocked unconscious by a participant in an organized school sports activity. Trial is set for D...
2018.7.23 Motion to Compel Med Exam 315
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.23
Excerpt: ...n a bus operated by defendant. On December 28, 2017, pursuant to order and stipulation, the trial date was continued from February 20, 2018 to June 18, 2018. On April 18, 2018, pursuant to order and stipulation, the trial date was continued from June 18, 2018 to August 15, 2018. On May 15, 2018, the court granted plaintiff's counsel's motion to be relieved as counsel. DISCUSSION Defendant Los Angeles County MTA requests an order compelling plaint...
2018.7.23 Motion for Issue, Evidence, and Terminating Sanctions 359
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.23
Excerpt: ...ions to compel discovery responses as against defendant Marianne Meza and the court deemed admitted the matters in the requests for admissions as to both defendants. Trial is set for December 17, 2018. DISCUSSION Plaintiff requests that the court impose issue, evidence, or terminating sanctions against both defendants, and for monetary sanctions in the amount of $2,482.50. If a party fails to comply with a court order compelling discovery respons...
2018.7.20 Motion for Leave to Intervene 243
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.20
Excerpt: ...ow §§ 387(d)(1) and (d)(2)] and Labor Code § 3853, Sequoia Insurance Company (“Sequoia Insurance”) requests leave to file a complaint-in- intervention for subrogation of worker's compensation benefits. CCP § 387(d) states: “(1) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) A provision of law confers an unconditional right to in...
2018.7.20 Motion to Compel Responses 049
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.20
Excerpt: ... 2018. 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 and for a monetary sanction. CCP §2030.290(b). The statute contains no time limit for a motion to compel where <0003004500480003005600 0057004b004800030050>oving papers is that a set of interrogatories was properly served on the opposing party, that the time to re...
2018.7.20 Motion to Compel Responses, Deposition 023
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.20
Excerpt: ... 13, 2017, plaintiff Odis Adaly Solis Funez filed a complaint against defendant Agustin Gonzalez Moreno for motor vehicle negligence based on a November 14, 2015 collision. Trial is set for May 13, 2019. 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 and for a monetary sanction. CCP §2030.290(b). The statute contains...
2018.7.20 Motion to Consolidate 027
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.20
Excerpt: ...laintiff Sokkhim Lay, ind. and in her capacity as executor of the Estate of Veng Ban, filed a complaint against defendants South Bay Ambulance, Inc. and Vanessa Natalie Pacheco for wrongful death based on an incident on June 10, 2013. Plaintiff alleges that as a result of the subject incident, decedent suffered serious personal injuries for which he treated and for which he died from on December 20, 2016. On October 31, 2017, plaintiff Lay filed ...
2018.7.20 Motion to Set Aside Default 794
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.20
Excerpt: ... in relevant part: “When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of:...
2018.7.20 Motion to Strike Punitive Damages 907
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.20
Excerpt: ...16. On May 4, 2018, the court granted defendant's motion to strike punitive damages in the complaint. On May 23, 2018, plaintiffs filed a First Amended Complaint. LEGAL STANDARD The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. CCP § 436(a). The court may also strike all or any part of any pleading not drawn or filed in confor...
2018.7.19 Motion to Vacate Dismissal 085
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.19
Excerpt: ... on a collision that occurred on September 20, 2017. On February 6, 2018, a notice of settlement of entire case was filed by plaintiff. On May 17, 2018, no parties appeared for the OSC re dismissal. The court ordered the case dismissed for plaintiff's failure to appear and failure to prosecute. LEGAL AUTHORITY CCP § 473(b) states, in relevant part: “The court may, upon any terms as may be just, relieve a party or his or her legal representativ...
2018.7.19 Motion to Transfer Case 078
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.19
Excerpt: ...s liability based on a February 24, 2017 incident. On April 9, 2018, defendants filed a cross complaint against Christina Dilan for contractual indemnity, comparative fault, equitable indemnity, contribution, and declaratory relief. LEGAL STANDARD Actions in which the amount in controversy is $25,000 or less are classified as limited jurisdiction cases. CCP § 86(a)(1). CCP § 403.040 provides, in relevant part: “(a) The plaintiff . . . may fil...
2018.7.19 Motion to Quash Service of Summons and Complaint 793
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.19
Excerpt: ...ignating Estate of Daljit Singh Jandu as Doe 1. Defendant Jandu passed away on May 17, 2017. Trial is set July 5, 2019. DISCUSSION Defendant Estate of Daljit S. Jandu requests that the court quash service of summons for defective service. The proof of service filed on April 27, 2018 indicates that “Estate of Daljit Singh Jandu” was substitute served at 7055 Lennox Ave., #209, Van Nuys, CA by substitute service on April 25, 2018, at 4:55 p.m. ...
2018.7.19 Motion to Dismiss, Request for Monetary Sanctions 837
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.19
Excerpt: ...is Yeo for motor vehicle negligence based on a August 13, 2013 collision. On April 24, 2018, the court granted defendants' motion to compel the depositions of plaintiffs. Trial is set for January 22, 2019. DISCUSSION Defendants request that the court impose terminating sanctions and monetary sanctions against plaintiffs for their failure to comply with the court's order dated April 24, 2018. Alternatively, defendants request that the court order ...
2018.7.19 Motion to Compel Responses 782
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.19
Excerpt: ...d the moving papers. BACKGROUND <0051005700520056000300 0003> Helen Nohemy Palenciacano filed a complaint against defendant Chelsea Nicole Didier for motor vehicle negligence based on a February 7, 2016 collision. Trial is set for February 25, 2019. 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 and for a monetary san...
2018.7.19 Motion for Terminating Sanctions 406
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.19
Excerpt: ...enter Productions, Abode Communities, Mary Andrews Clark Residence, and Warner Bros. Entertainment, Inc. for premises liability based on a November 24, 2014 trip and fall incident. On January 11, 2018, pursuant to order and stipulation, the trial date was continued from May 22, 2018 to August 22, 2018. On January 24, 2018, the court granted Sergio J. Puche's motion to be relieved as plaintiff's counsel. On May 30, 2018, the court granted defendan...
2018.7.19 Demurrer, Motion to Strike 615
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.19
Excerpt: ...l Services, Inc. (“Defendant”) filed a demurrer to the initial complaint, which was taken off calendar as moot due to the filing of the FAC. Defendant filed its demurrer and motion to strike to the FAC on June 18, 2018. No opposition was filed. Defendant filed a notice of non-opposition on July 12, 2018. Plaintiff's complaints arise from apparent dental malpractice by Defendant. While there are no factual allegations in the FAC, the initial c...
2018.7.18 Demurer 423
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.18
Excerpt: ...gence. Plaintiff filed a proof of service of summons with the court on January 22, 2018, indicating that Defendant was served with the complaint and summons by substituted service. On February 27, 2018, Plaintiff requested entry of default against Defendant, which was entered as requested. On March 23, 2018, Defendant filed the instant demurrer concurrently with a motion to set aside default. The hearings for those motions are set for June 5, 201...
2018.7.18 Motion to Compel Responses, for Production of Docs 101
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.18
Excerpt: ...One 5. Motion to Compel Responses to Special Interrogatories, Set One 6. Motion to Compel Responses to Demand for Inspection and Production of Documents and Tangible Items, Set One The court considered the moving papers. BACKGROUND <0058005c0003002f004c00 00470003004400030046>omplaint against defendants Total Transportation & Distribution Inc. and Martin Jesus Lopez for motor vehicle negligence based on an incident that occurred on June 24, 2015....
2018.7.18 Motion to Compel Responses, to Deem Admitted Truth of Facts 566
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.18
Excerpt: ...Christianson for motor vehicle negligence based on an incident that occurred on February 18, 2016. Trial is set for September 28, 2018. 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 and for a monetary sanction. CCP § 2030.290(b). The statute contains no time limit for a motion to compel where <0003004500480003005600...
2018.7.18 Motion to Continue Trial 973
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.18
Excerpt: ...iled an answer. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “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.” Under CRC Rule 3.1332(b), “A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or...
2018.7.18 Motion to Require Undertaking 777
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.18
Excerpt: ...allow plaintiff to file supplemental evidence. BACKGROUND On December 22, 2016, plaintiff Lu Fan, an individual, and on behalf of decedent party baby boy, Edward Zhao, filed a complaint against defendants Helen T. Huynh, M.D., and Medical Staff Organization of Greater El Monte Community Hospital, Inc. for medical malpractice based on wrongful death. Trial is set for October 2, 2018. DISCUSSION Pursuant to CCP §1030, defendant AHMC Greater El Mon...
2018.7.18 Motion to Set Aside Dismissal, to Enter Judgment 340
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.18
Excerpt: ...on to their insured, Lusan Chua, based on a collision that occurred on September 27, 2012. On September 9, 2013, a default was entered against defendant. On November 14, 2014, the court rejected the request for default judgment because plaintiff had not filed and served a statement of damages. On March 17, 2015, plaintiff filed a notice of unconditional settlement of entire case. On May 5, 2015, the case was dismissed without prejudice at the req...
2018.7.18 Motion to Strike Punitive Damages 781
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.18
Excerpt: ...2016. On April 10, 2018, the court granted defendant's motion to strike punitive damages. On April 30, 2018, plaintiffs filed a First Amended Complaint. LEGAL STANDARD The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. CCP § 436(a). The court may also strike all or any part of any pleading not drawn or filed in conformity with ...
2018.7.17 Motion to Vacate Dismissal 206
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.17
Excerpt: ...of service of summons on The Car Legacy. <004c00510044004f000300 00520051004900480055>ence, and the final status conference was taken off calendar. The court noted in its minute order that the trial date remained set for May 15, 2018. On May 4, 2018, plaintiff filed proof of service of summons on Ulises Ortega. On May 15, 2018, no parties appeared for the trial date and there was no contact from either party. The court ordered the case dismissed ...
2018.7.17 Motion to Continue Trial 592
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.17
Excerpt: ...7, 2017, pursuant to stipulation and order, the trial date was continued from March 20, 2018 to July 18, 2018. On March 19, 2018, pursuant to stipulation and order, the trial date was continued from July 18, 2018 to September 18, 2018. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “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 certai...
2018.7.17 Motion to Compel Responses, to Deem Admitted Truths of Facts 399
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.17
Excerpt: ...Baldwin Park for premises liability. Plaintiff alleges that on April 28, 2017 he was riding his bicycle on a sidewalk controlled and maintained by the City. Plaintiff unknowingly rode his bicycle over an uncovered manhole, which caused him to be thrown from his bicycle. On March 28, 2018, plaintiff filed a First Amended Complaint. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the ...
2018.7.16 Motion to Vacate and Set Aside Dismissal 233
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.16
Excerpt: ... was filed, a Final Status Conference (“FSC”) was set for July 27, 2016 and a trial was set for August 11, 2016. On July 27, 2016, at the FSC, there being no appearances by or for either side, the FSC was taken off calendar. On August 11, 2016, on the date set for a trial, there were no appearances by or for either side or any communication with the court as to why there were no appearances. Therefore, pursuant to CCP § 581(b)(3), the court ...
2018.7.16 Motion to Compel Deposition 783
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.16
Excerpt: ... request an order compelling plaintiff Maria Trujillo to appear for deposition. CCP §2025.450(a) provides: “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 notice, the party giving the notice may move for an order compelling th...
2018.7.16 Motion to Compel Deposition 353
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.16
Excerpt: ...f alleges that on June 28, 2017, an LA County MTA bus collided with him when he was walking in a marked crosswalk. DISCUSSION Plaintiff requests an order compelling defendant Los Angeles County MTA's person most knowledgeable to appear for deposition. CCP §2025.450(a) provides: “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...
2018.7.16 Motion for Terminating Sanctions 629
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.16
Excerpt: ... him in the head at the Abbey. On March 6, 2018, the court granted defendant's motion to compel (1) Special Interrogatories (Set Six), Requests for Production (Set Six), and Requests for Admission (Set Four), in part. On May 14, 2018, the court granted defendant's motions to compel plaintiff to serve responses to Special Interrogatories, Set Five, Nos. 143-153 and 156-159 and to Demand for Production of Documents, Set Five, Nos. 60-67 and 68, wit...
2018.7.16 Motion for Attorney's Fees, Request for Sanctions 172
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.16
Excerpt: ... <005100560057000300b300 005b0044005100470048[r Lopez Mendez.” DISCUSSION Pursuant to CCP §§2023.010, 2023.020, and 2023.030, plaintiff requests attorney's fees in the amount of $6,600 associated with opposing defendant's motion to compel plaintiff's attendance at an IME and deposition and making this motion for attorney's fee. Plaintiff also requests “additional punitive” sanctions in the amount of $2,000 against defendant and his counse...
2018.7.13 Demurrer, Motion to Strike 017
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.13
Excerpt: ...18, Defendant Peter Asteris dba Pacific Star Grill (“Defendant”) filed a demurrer to the first and second causes and a motion to strike portions of the FAC. Plaintiff filed an opposition on June 28, 2018. Plaintiff's complaint arises from an incident where Plaintiff's husband, Javier Rubio (“Javier”), went to Defendant's place of business and was threatened by Defendant with a <002d00440059004c004800 005200030057004b0048[ Pacific Star Gri...
2018.7.13 Motion to be Relieved as Counsel 394
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.13
Excerpt: ...on a slip and fall on water on December 18, 2016. Trial is set for January 14, 2019. LEGAL STANDARD The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. See Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915; People v. Prince (1968) 268 Cal. App. 2d 398. CRC Rule 3.1362 (Motion to Be Relieved as C...
2018.7.13 Motion for Summary Judgment, Adjudication 648
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.13
Excerpt: ...at occurred on July 24, 2013. On August 30, 2016, plaintiff filed an amendment designating CEVA Logistics as Doe 1. On October 12, 2016, plaintiff filed a dismissal as to Ryder Truck Rental, Inc. and CEVA Logistics. On April 3, 2017, plaintiff filed an amendment designating Transportation Logistics Company, LLC dba Centerline as Doe 2. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with...
2018.7.13 Motion to Continue Trial 018
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.13
Excerpt: ...f civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Under CRC Rule 3.1332(b), “A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations...
2018.7.12 Motion to Strike 705
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.12
Excerpt: ...2017. LEGAL STANDARD The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. CCP § 436(a). The court may also strike all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. CCP § 436(b). The grounds for a motion to strike are that the pleading has irrelev...
2018.7.12 Motion for Summary Judgment 248
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.12
Excerpt: ...for Summary Judgment The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843. “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judg...
2018.7.12 Motion for Leave to File Complaint 442
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.12
Excerpt: ...on July 22, 2016. Plaintiff alleges that a branch from a city owned tree fell on him while he was lawfully in Salt Lake Park in the City of Huntington Park. On June 20, 2017, plaintiff filed a First Amended Complaint. Trial is set for November 1, 2018. LEGAL STANDARD CCP § 428.50 states, “(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time ...
2018.7.12 Motion for Leave to File Complaint 279
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.12
Excerpt: ...alpractice. On January 6, 2017, the court denied defendants Michelle Meng and Beverly Hills Medical Anti-Aging Group, LLC's motion to compel arbitration. On April 27, 2017, plaintiff filed Amendments to Complaint, naming Beverly Hills <0058005100440051000300 00480003001a00110003> <00440055004c0051004a00 00510047004400510057>s' motion for summary judgment to August 21, 2018. LEGAL STANDARD CCP §428.10 states that, “A party against whom a cause ...
2018.7.12 Demurrer, Motion to Strike Punitive Damages 518
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.12
Excerpt: ...Amended Complaint on April 24, 2018, as a matter of course. The First Amended Complaint alleges three causes of action from 1) motor vehicle negligence, 2) intentional infliction of emotional distress (“IIED”) and 3) negligent entrustment of an automobile. On May 25, 2018, Defendant filed a demurrer to the intentional infliction of emotional distress cause of action and a motion to strike the punitive damages request of the FAC. On June 12, 2...
2018.7.11 Motion to Set Aside Dismissal 414
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.11
Excerpt: ...ault was entered against Defendant. On October 24, 2017, an Order to Show Cause Re Dismissal for Failure to Enter Default Judgment was heard. The minute order states that Default Judgement had not yet been entered. The court continued the matter to December 26, 2018. On December 26, 2017, the court dismissed the case when there were no appearances by either side at the hearing. LEGAL STANDARD CCP § 473(b) states, in relevant part: “The court m...
2018.7.11 Motion to Consolidate Actions 553
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.11
Excerpt: ...al was entered as to Plaintiff Chris Kettler's claims against Defendant City of Long Beach. LEGAL STANDARD CCP § 1048 states: “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or de...
2018.7.11 Motion for Summary Judgment 978
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.11
Excerpt: ...provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843. “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all <004800510046004800b600 00520051005700550044[dicted ...
2018.7.11 Motion for Summary Judgment 339
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.7.11
Excerpt: ...n Amendment to Complaint, substituting in Angel Kim (“Angel”) for Doe 1. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure secti...

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