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2018.6.25 Petition for Approval of Compromise of Pending Action 306
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.25
Excerpt: ...lez filed a complaint against White Memorial Medical Center, Paul Baylon, M.D., General Surgeons of Long Beach, Kim Warner, M.D., White Memorial GYN/OB Medical Group, Martha Rivera, M.D., Vasanti Voleti, M.D., and White Memorial Pediatric Medical Group, for medical negligence. The only remaining defendant is Paul Baylon, M.D. DISCUSSION The motion is CONTINUED to allow petitioner to address the following deficiencies: 1. Petitioner failed to expl...
2018.6.25 Motion to Compel Responses 243
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.25
Excerpt: ...y) based on a trip and fall incident on June 20, 2014. Trial is set for August 1, 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...
2018.6.25 Motion to Compel Neuropsychological Exam 830
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.25
Excerpt: ...granted defendant's motions to compel discovery responses. Trial is set for August 6, 2018. DISCUSSION Defendant requests an order to compel the neuropsychological examination of plaintiff on June 27, 2018 at 9:00 a.m. with James R. High, M.D. at 501 Santa Monica Boulevard, Suite 400, Santa Monica, California 90401. “As a general matter, a defendant may obtain a physical or mental examination of the plaintiff, in accordance with those provision...
2018.6.25 Motion to Compel Deposition 531
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.25
Excerpt: ...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, electronically stored information, or tangible thing described in the deposition notice the party giving the notice may move for an order compelling the deponent's attendance and testimony. . . .” (CCP § 2025.450(a).) “The motion shall be accompanied by a mee...
2018.6.25 Motion for Terminating Sanctions 629
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.25
Excerpt: ...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. The Court ordered defendant to re-propound the granted requests with limitations as to time and with narrower definitions. Defendant served the amended requests on <0047000300550048005600 00510003002400530055[il 27, 2018. Defendant contends...
2018.6.25 Motion for Summary Judgment 994
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.25
Excerpt: ...d fall incident on November 20, 2013. Defendants Kor and Lee move for summary judgment. 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 Proce...
2018.6.25 Motion for Summary Judgment 978
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.25
Excerpt: ... 6, 2016, plaintiff Margarita Garcia filed a complaint against defendant City of Los Angeles for premises liability and negligence based on a trip and fall incident. 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...
2018.6.25 Motion to Continue Trial 240
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.25
Excerpt: ...aintiff amended the complaint to include Beacon Films, LLC. On February 24, 2017, defendant Turner filed an answer. On May 17, 2017, Beacon filed an answer. On February 15, 2018, pursuant to stipulation and order, the trial date was continued from June 6, 2018 to September 24, 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 coun...
2018.6.22 Motion for Relief to Vacate and Set Aside Dismissal 284
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.22
Excerpt: ...pearances at the Final Status Conference. On February 14, 2017, no one appeared for the jury trial, and the court dismissed the case without prejudice, pursuant to CCP § 581(b)(3). On September 22, 2017, the court granted plaintiff's motion to vacate the order of dismissal and set an Order to Show Cause re why the action should not have been dismissed for failure of plaintiff to serve for November 21, 2017 and a Trial Setting Conference. On Nove...
2018.6.22 Demurrer 243
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.22
Excerpt: ...��) filed a demurrer to the initial complaint. On April 2, 2018, the Court sustained Defendant's demurrer with leave to amend, holding that the boilerplate allegations of negligence and premises liability were insufficient. On April 26, 2018, Plaintiff filed a First Amended Complaint, alleging general negligence and premises liability. On May 30, 2018, Defendant filed a demurrer to the FAC. On June 15, 2018, Plaintiff late-filed an opposition. On...
2018.6.22 Motion for Summary Judgment 927
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.22
Excerpt: ..., M.D., Mohammed W. Khalife, M.D., San Dimas Community Hospital, and Prime Healthcare Services, Inc. for wrongful death, medical malpractice, and IIED. On November 1, 2017, defendant Dr. Atil served a Notice of Stay of Proceedings based on the liquidation of the insurance company, which held Dr. Atil's insurance policy covering the claims in this case. On November 17, 2017, the court granted defendant Dr. Atil's counsel's motion to be relieved. O...
2018.6.22 Motion to Continue Trial 565
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.22
Excerpt: ...pursuant to stipulation and order, the trial date was continued from September 13, 2016 to January 17, 2016. On November 14, 2016, pursuant to stipulation and order, the trial date was continued from January 17, 2017 to March 21, 2017. On February 28, 2017, pursuant to stipulation and order, the trial date was continued from March 28, 2017 to October 27, 2017. On August 15, 2017, pursuant to stipulation and order, the trial date was continued fro...
2018.6.22 Motion to Continue Trial 599
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.22
Excerpt: ...ant. On April 6, 2018, defendant filed an answer. On March 3, 2018, defendant filed an ex parte application for continuance of trial. The court denied the ex parte application on insufficient showing of irreparable harm, immediate danger or any other basis which relief may be granted ex parte. On May 8, 2018, defendant filed the herein motion to continue trial. Trial is set for July 24, 2018. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “To e...
2018.6.21 Motion to Set Aside Default, Judgment 223
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.21
Excerpt: ...yan, 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 that defendants failed to secure payment of workers' compensation benefits as required by Labor Code §3700. On September 18, 2015, plain...
2018.6.21 Motion to Compel Responses, to Establish Admissions 136
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.21
Excerpt: ...pers. No opposition was filed. 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 December 1...
2018.6.21 Motion to Compel Answers 402
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.21
Excerpt: ...Guy, Jr. and Isaac Moultrie for motor vehicle negligence based on an incident that occurred on February 7, 2017. On February 27, 2017, Gregory Guy, Jr. filed a cross-complaint against Isaac Moultrie. On December 15, 2017, plaintiff's counsel filed a substitution of attorney. Plaintiff is representing herself. On February 2, 2018, plaintiff (self-represented) filed a First Amended Complaint. Trial is set for April 5, 2019. LEGAL STANDARD Interroga...
2018.6.21 Motion for Stay of Proceedings 595
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.21
Excerpt: ...f alcohol, defendant operated a motor boat negligently, carelessly, and recklessly and caused the boat to flip over resulting in the death of Jennifer Renee Martin. DISCUSSION Defendant requests that the court stay the civil action pending resolution of the parallel criminal investigation of the State of Arizona for the Mohave County Superior Court of Arizona. In the alternative, defendant requests a stay of all discovery in this action for a per...
2018.6.21 Motion for Protective Order 541
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.21
Excerpt: ...medical clinic for laser hair removal treatment. Defendant Matilda Ahangari argued with plaintiff about the price of the laser hair removal treatment. Plaintiff alleges that Ahangari then angrily and deliberately applied laser treatment to plaintiff's body knowing that the settings of the laser gun used for the treatment and/or the length of time the laser was applied to plaintiff's skin would cause severe burns to delicate regions of plaintiff's...
2018.6.21 Motion for Appointment of Experts 451
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.21
Excerpt: ...rom October 27, 2017 to February 27, 2018. On October 30, 2017, the court granted plaintiff's counsel's motion to be relieved as counsel. On November 30, 2017, pursuant to stipulation and order, the trial date was continued from February 27, 2018 to April 16, 2018. On March 22, 2018, the court granted plaintiff's motion to continue trial. The trial is set for October 16, 2018. DISCUSSION Plaintiff requests that the court appoint an accident recon...
2018.6.20 Motion to Vacate and Set Aside Dismissal 399
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.20
Excerpt: ...or vehicle negligence based on an incident that occurred on February 11, 2016. On July 18, 2017, a Clerk's Notice of Voiding of Filing was filed and served on Eduardo Malacara and Law Offices of Jeff Mann. The complaint was voided pursuant to Gov. Code §68634(g). DISCUSSION Plaintiff requests that the court vacate and set aside the “dismissal” of this action on the grounds that the “dismissal” was the result of extrinsic mistake and/or f...
2018.6.20 Motion to File Undertaking, Compel Posting Undertaking 777
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.20
Excerpt: ...fendant AHMC Greater El Monte Community Hospital's motion from April 30, 2018 June 20, 2018 to allow for 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....
2018.6.20 Motion to Dismiss Action, Terminating Sanctions 631
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.20
Excerpt: ...otor vehicle negligence. Plaintiff alleges that on October 24, 2016, he was a passenger when a collision resulted. On January 17, 2018, the court granted plaintiff's counsel's motion to be relieved as counsel, effective upon the filing of the proof of service of the signed order upon plaintiff. On February 13, 2018, plaintiff's counsel filed the proof of service of the order. On April 11, 2018, the court granted defendant's motion to compel plain...
2018.6.20 Motion to Continue Trial 210
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.20
Excerpt: ...tion and order, the trial date was continued from February 28, 2018 to June 28, 2018. On January 8, 2018, pursuant to stipulation and order, the trial date was continued to August 17, 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 see...
2018.6.20 Motion for Leave to File Complaint, OSC Re Bankruptcy 028
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.20
Excerpt: ...cy stay was still in effect. On March 8, 2017, the court found that defendant was still in involved in a bankruptcy proceeding, and continued the hearing to September 12, 2017. On September 12, 2017, the court continued the hearing to January 23, 2018. On January 23, 2018, the hearing was continued to June 20, 2018. BACKGROUND This is a trip and fall case. On April 27, 2015, plaintiff Suzanne Sacco filed a complaint for premises liability and gen...
2018.6.19 Motion to Compel Answers 742
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.19
Excerpt: ...gainst defendant Los Angeles County Sheriff's Department for motor vehicle negligence based on an incident that occurred on January 25, 2017. 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 <00030045004800030...
2018.6.19 Motion to Quash Deposition Subpoena 149
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.19
Excerpt: ... M.D. and PIH Health aka PIH Healthcare Solutions aka PIH Health Hospital for medical malpractice. Pursuant to stipulation and order, the trial date was continued from June 5, 2017 to October 20, 2017. The statutory cut-off dates were continued and calculated based on the new trial date. On August 24, 2017, the court granted an ex parte application to continue the trial date. The trial was continued to February 2, 2018 and the discovery and motio...
2018.6.15 Motion for Summary Judgment, Adjudication 542
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.15
Excerpt: ...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 judgment if all the evidence submitted, ...
2018.6.15 Demurrer 685
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.15
Excerpt: ...��) filed a demurrer to the complaint. Plaintiff filed an opposition on June 5, 2018. Defendant filed a reply on June 8, 2018. Plaintiff's complaint arises from alleged medical negligence stemming from the clearance for a biopsy in 2016. In 2012, Plaintiff began consulting a cardiologist Jay Schapira M.D. (“Dr. Schapira”) and Defendant for his heart health. On January 15, 2016, Plaintiff was evaluated by Dr. Schapira's nurse practitioner Nanc...
2018.6.15 Motion to Continue Trial 213
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.15
Excerpt: ... US Holdings, Inc., for premises liability and general negligence based on an escalator incident that occurred on January, 31, 2015 at Universal CityWalk. On March 17, 2017, plaintiff filed an amendment to the complaint to add defendant NBCUniversal LLC, herein named Universal City Studios, LLC. On April 23, 2018, pursuant to stipulation and order, the trial date was continued from July 9, 2018 to October 9, 2018. LEGAL STANDARD Pursuant to CRC R...
2018.6.14 Motion to Compel Responses 591
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.14
Excerpt: ...LEGAL STANDARD Where there has been no timely response to a CCP §2031.010 demand, the demanding party must seek an order compelling a response. CCP §2031.300. Failure to timely respond waives all objections, including privilege and work product. Thus, unless the party to whom the demand was directed obtains relief from waiver, he or she cannot raise objections to the documents demanded. There is no deadline for a motion to compel responses. Lik...
2018.6.14 Motion for Protective Order Quashing Subpoenas 352
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.14
Excerpt: ...m. DISCUSSION Defendant Arthur William Ronnie requests that the court quash the deposition subpoenas for the production of business records issued by plaintiffs to University of California San Francisco Medical Center and R. Alan Shelton, M.D. CCP § 1987.1(a) states, “[i]f a subpoena requires the attendance of a witness or the production of books, documents, or other things before a court, or at the trial of an issue therein, or at the taking ...
2018.6.14 Motion for Preferential Trial Date 501
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.14
Excerpt: ...sis test on the decedent, which resulted in his death on May 11, 2017. On January 30, 2018, plaintiff filed a first amended complaint that omitted the words “careless, reckless, unskilled, unlawful, tortious, wanton, and wrongful” from paragraph 10. On May 8, 2018, plaintiff filed a second amended complaint that added plaintiff Ileane Brones as a plaintiff. On May 17, 2018, plaintiffs filed the herein motion for preferential setting of trial ...
2018.6.14 Motion for Determination of Good Faith Settlement 408
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.14
Excerpt: ...aintiff Daniela Koiman filed a complaint against defendants Kenneth Walker, Carlos H. Nunez, and Pablo Reyes Rios for motor vehicle negligence. On January 28, 2015, plaintiff filed a First Amended Complaint. On December 23, 2015, Pablo Reyes Rios filed a cross-complaint against Abel Garcia for apportionment and partial indemnity. On April 24, 2018, the court continued the hearing for the herein motion to June 14, 2018 to allow defendant Rios to p...
2018.6.13 Motion to Amend Judgment 590
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.13
Excerpt: ...13, 2018. BACKGROUND On August 16, 2013, plaintiff Hugo Pablo Garcia filed a complaint against defendants Arturo Campos and Midvalley Yellow Cab Transportation, Inc. for negligence based on an October 28, 2012 incident, in City of West Covina. On March 26, 2015, a default judgment was entered against Arturo Campos and Midvalley Yellow Cab Transportation, Inc. for $150,810.36. On October 13, 2016, the court granted plaintiff's motion to amend judg...
2018.6.13 Motion for Summary Judgment, Adjudication 871
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.13
Excerpt: ...a slip and fall on October 6, 2014. 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 section 437c, subdivision (c), requires the tri...
2018.6.13 Motion for Leave to File Complaint 585
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.13
Excerpt: ...ebruary 9, 2015. On July 10, 2017, plaintiff filed an amendment designating Kimberly Everett as Doe 2. On May 1, 2018, the court deemed related BC643585 and BC647389. 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 as the answer to the complaint or cross-complaint. (b) Any other cross-complaint may b...
2018.6.12 Motion for Summary Judgment, Adjudication 102
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.12
Excerpt: ...Real Estate, and Option One Realty and Investments for negligence and strict liability based on a dog bite incident that occurred on May 8, 2014. On March 1, 2018, the court granted defendants Alonso Magallanes and Oscar Morales' motion for summary judgment. 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 whethe...
2018.6.12 Motion for Leave to Intervene 158
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.12
Excerpt: ...387(a)), Business Alliance requests leave to file an answer in intervention on behalf of its insured El Pescado Restaurant. 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 intervene. (B) The person seeking intervention claims an interest relating to the prope...
2018.6.12 Motion to Overrule Objections, Compel Responses 158
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.12
Excerpt: ...uedo, and Emilio Morales for survival action, loss of consortium, and wrongful death. Plaintiffs allege that on December 30, 2014, at approximately 3:00 a.m., Rafael Hernandez was operating his Freightliner Olympian truck on I-605. His truck was stopped in the number three lane behind other traffic, and behind an International truck owned by A & R Transportation. Defendant Morales was operating a Freightliner Century Class truck owned and operate...
2018.6.12 Motion for Summary Judgment, Adjudication 542
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.12
Excerpt: ...Real Estate, and Option One Realty and Investments for negligence and strict liability based on a dog bite incident that occurred on May 8, 2014. On March 1, 2018, the court granted defendants Alonso Magallanes and Oscar Morales' motion for summary judgment. 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 whethe...
2018.6.12 Motion to Overrule Objections, Compel Responses 667
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.12
Excerpt: ...uedo, and Emilio Morales for survival action, loss of consortium, and wrongful death. Plaintiffs allege that on December 30, 2014, at approximately 3:00 a.m., Rafael Hernandez was operating his Freightliner Olympian truck on I-605. His truck was stopped in the number three lane behind other traffic, and behind an International truck owned by A & R Transportation. Defendant Morales was operating a Freightliner Century Class truck owned and operate...
2018.6.11 Motion to Vacate, Set Aside Dismissal 238
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.11
Excerpt: ...eral negligence. Plaintiff alleges that on September 2, 2015, she went to Esther Lindstrom Elementary School to pick up her nephew's stepchildren. Plaintiff was required to come to the classroom once the bell rang. The bell rang at about 1:35 p.m., at which time the children from the whole school charged the gate as a mob, creating a dangerous condition for the parents and responsible adults who were present. Plaintiff had gotten about 15 feet in...
2018.6.11 Motion to Strike 389
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.11
Excerpt: ... supervision, and retention, (2) negligent infliction of emotional distress, and (3) premises liability. On December 21, 2017, plaintiff filed an amendment designating Zonda Enterprises Inc as Doe 1. 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 ...
2018.6.11 Motion to Strike 161
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.11
Excerpt: ...ms 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 irrelevant, false or improper matter, or has not been drawn or filed in conformity with laws. CCP § 436...
2018.6.11 Motion for Terminating Sanctions 169
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.11
Excerpt: ... September 2015, defendant's tools and facilities to perform manicures and pedicures on plaintiff were contaminated with an infectious fungus. She contracted a serious fungal infection in the nails of her fingers and toes that proved difficult and expensive to treat. On March 14, 2018, the court granted plaintiff's counsel's motion to be relieved as counsel Trial is set for January 22, 2019. DISCUSSION Defendant requests that the court impose ter...
2018.6.1 Motion to Specially Set Early Trial Date 902
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.1
Excerpt: ...negligence, premises liability, and loss of consortium based on a trip and fall incident that occurred on September 4, 2017. Trial is set for August 14, 2019. LEGAL AUTHORITY CCP § 36 states, in relevant part: “(a) 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: (1) The party has a substantial interest in the action as ...
2018.6.1 Motion to Set Aside Default Judgment 115
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.1
Excerpt: ...2016, defaults were entered against defendants. On December 29, 2017, a default judgment was entered against defendants. LEGAL STANDARD “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” CCP § 473(d). CCP...
2018.6.1 Motion to Disqualify Experts 350
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.1
Excerpt: ...ant's attorneys of record, The Law Offices of McDowell Shaw Garcia & Mizell;  Defendant's attorneys may not disseminate any of plaintiff's attorney-client communications, including plaintiff's retainer agreement, to anyone including new counsel;  Mike Kowalski shall provide an under oath accounting of all of plaintiff's attorney-client communications in their possession within five days, including the description of the document, when it wa...
2018.6.1 Motion to Compel Responses 091
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.6.1
Excerpt: ... 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 no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response...
2018.5.9 Motion to Strike Punitive Damages 881
Location: Los Angeles
Judge: Landin, Dennis J
Hearing Date: 2018.5.9
Excerpt: ..., Inc., and Shawn Anthony Smith for (1) motor vehicle negligence, negligent entrustment, negligent hiring, negligent undertaking, negligent retention, negligent supervision, and negligent training, and (2) negligence per se. 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 strik...

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