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2018.2.16 Motion to be Relieved as Counsel 899
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.16

Excerpt: ...ion for each of the Defendants that he seeks to be relieved as counsel from on January 18, 2018. For each of these Defendants, Counsel has filed the requisite forms pursuant to CRC Rule 3.1362. Counsel states that he served the moving papers on each of the parties and Defendants he seeks to be relieved from by mail. Counsel was able to confirm each of the 3 Defendants' current addresses by telephone within the past 30 days. Counsel declares there...

2018.2.16 Demurrer 820
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.16

Excerpt: ...ied School District (“LAUSD”), and Does 1-30, alleging causes of action for (1) negligence (against Ramos), (2) negligent entrustment, (3) negligence (against City and LAUSD), (4) negligent hiring, and (5) dangerous condition of public property. Plaintiff alleges that on May 23, 2016, Defendant Ramos operated her vehicle negligently to collide with Plaintiff's vehicle during a left turn. Plaintiff also alleges that the traffic controller, emp...

2018.2.16 Motion to Quash Summons and Complaint 979
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.16

Excerpt: ...unit resulted in water damage, mold, and insect infestation, causing respiratory and visual injuries to Plaintiff. The complaint, filed August 18, 2017, alleges a single cause of action for premises liability. Specially appearing Defendants move to quash the service of process pursuant to CCP §418.10. Plaintiff filed an untimely opposition on February 9, 2018. Opposition papers were due <00030046004b0044005100 005200580055005700b6[s analysis. LE...

2018.2.16 Motion to Continue Trial 344
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.16

Excerpt: ...�� (In re Marriage of Falcone and Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion with regard to denying a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) CRC, Rule 3.1332 provides guidance and factors for the Court to apply in making a determination on whether to grant a motion to continue trial. Kenmissyr argues that good cause exists pursuant to CRC, Rule 3.1332 because Defendant Ama...

2018.2.16 Motion to Continue Trial 084
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.16

Excerpt: ...affirmative showing of good cause requiring a continuance.” (In re Marriage of Falcone and Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion with regard to denying a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) CRC, Rule 3.1332 provides guidance and factors for the Court to apply in making a determination on whether to grant a motion to continue trial. Defendants argue that good caus...

2018.2.16 Demurrer 716
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.16

Excerpt: ...ollowing causes of action: (1) Assault, (2) Battery, (3) Intentional Infliction of Emotional Distress, and (4) Negligent Infliction of Emotional Distress (“NIED”). Against Defendant Raiders, Plaintiff alleges the following causes of action: (4) NIED, and (5) “Negligence – Vicarious Liability.” Plaintiff alleges that on July 3, 2017, Defendant Smith, who was a player for Defendant Raiders' football team, attacked Plaintiff. Plaintiff all...

2018.2.16 Demurrer, Motion to Strike 280
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.16

Excerpt: ...00b001400 0c0003[ negligence, and (2) negligence per se. Plaintiffs allege that on February 7, 2016, Defendant Daniel negligently operated his vehicle so as to strike a pedestrian named Nadesan Ravichandran. After hitting the pedestrian, Defendant Daniel continued to drive and did not assist the pedestrian. Nadesan died from the injuries sustained in the collision. Plaintiffs filed a first amended complaint. Both the original and first amended co...

2018.2.15 Demurrer 580
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.15

Excerpt: ... alleging causes of action for (1) negligence, (2) negligent hiring, and (3) premises liability. Plaintiff alleges that on November 27, 2015, Plaintiff was attacked by a third-party wielding a box cutter razor blade. At the time of the attack, Plaintiff was at Defendant's service station to refuel his vehicle. Plaintiff alleges that Defendant owed him a duty of care to protect from such third party criminal acts. Defendant demurred to the origina...

2018.2.15 Motion for Summary Judgment 992
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.15

Excerpt: ...as born on October 6, 2015 and died on October 14, 2015. Plaintiff claim that Dr. Lopez provided negligent pre-natal care to Frances Vargas, resulting in the death of her newborn daughter. (Fact 1.) The complaint was filed on December 9, 2016 and the first amended complaint was filed on January 23, 2017. Defendant Jaime Lopez, M.D. now moves for summary judgment on the following grounds: (1) Dr. Lopez complied with the required standard of care i...

2018.2.15 Motion to Augment Expert Witness List 281
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.15

Excerpt: ... & Co., Inc. and Merck Sharp Dohme, Corp. She alleges that Ahmadai and Defendant Casey Bryanne Harkavy collided, causing Ahmadai's vehicle to spin out and strike Plaintiff's vehicle. This impact caused Plaintiff's vehicle to be pushed backward into another vehicle. The complaint, filed May 19, 2015, alleges a cause of action for motor vehicle. Trial is set for April 24, 2018. By way of background, on December 6, 2017, the Court granted Merck Shar...

2018.2.15 Motion to Strike 862
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.15

Excerpt: ...ny and MSG Forum, LLC (“Defendants”). The complaint, was filed on July 26, 2017. The First Amended Complaint (“FAC”), filed December 4, 2017, alleges causes of action for premises liability and exemplary damages. Defendants move to strike the entirety of the exemplary damages attachment (page 5) from the FAC. The motion is not opposed. DISCUSSION Pursuant to CCP §436, the court may “[s]trike out any irrelevant, false, or improper matte...

2018.2.15 Motion to Vacate Dismissal 288
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.15

Excerpt: ... summons and complaint have been filed in this action. On October 10, 2017, no parties appeared for the Final Status Conference and the Court noted that there was no proof that Defendants had been served in this action. As no appearances were made and no communication was made with the Court as to why there were no appearances by counsel or the parties, the Court took the Final Status Conference off calendar. <004400570048000f000300 0055004400510...

2018.2.15 Petition for Leave to File Action 448
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.15

Excerpt: ...ong (“Plaintiffs”) allege that they lived on the premises located at 455 S. Union Avenue, #412, Los Angeles, CA 90017. They allege that Sok Chan Kong (“Decedent”) died as a result of a fire as a result of a faulty electrical wiring/system. The <0058004c0003002e005200 0048005600030056004b[e was injured as a result of the fire. Plaintiffs filed a petition for leave to file an action against Defendant Housing Authority of the City of Los Ang...

2018.2.14 Motion to Enforce Settlement 769
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.14

Excerpt: ... the settlement agreement. Specifically, Defendant moves to enforce the CCP §998 Offer to Compromise and enter judgment in Plaintiff's favor in the amount of $99,999, pursuant to the terms of the offer to compromise. Plaintiff opposes. LEGAL STANDARD CCP §664.6 provides that “[i]f parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case...

2018.2.14 Motion to Strike 493
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.14

Excerpt: ...on August 31, 2016. The Second Amended Complaint (“SAC”), filed October 30, 2017, alleges causes of action for motor vehicle and general negligence. Defendant moves to strike punitive damages allegations from the SAC. Plaintiffs oppose. DISCUSSION This is now Defendant's third time moving to strike punitive damages from the complaint, and thus the Court will not go into the standard of motions to strike and punitive damages again. In the SAC,...

2018.2.14 Motion to Dismiss Action 864
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.14

Excerpt: ...causes of action for premises liability and negligence. Defendant Steven Franklin Engel as trustee for the Engel Family Trust (“Defendant”, Doe 1 erroneously sued as “Engel Family Trust”) moves to dismiss the action for Plaintiff's failure to provide Court-ordered responses to Defendant's form interrogatories, set one, and demand for inspection and production of documents, set one. The motion is unopposed. LEGAL STANDARD Pursuant to CCP �...

2018.2.14 Motion to Compel Deposition 012
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.14

Excerpt: ...h 29, 2014. The complaint, filed March 25, 2016, alleges causes of action for strict liability and negligence. Defendants move for an order compelling Plaintiff to attend her deposition on February 26, 2018 at 10:00 a.m. at the offices of Mark R. Weiner & Associates at 655 N. Central Avenue, Suite 1125 in Glendale, California. Defendant also request monetary sanctions. Plaintiff filed an untimely opposition. LEGAL STANDARD <0048005500030056004800...

2018.2.14 Motion for Summary Judgment, Adjudication 112
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.14

Excerpt: ...s then-residence at 1216 West 93rd Street, Los Angeles, CA 90044 (“93rd Street Property”). He alleges that he and his property manager, Defendant Rudy Vasquez (“Vasquez”) exchanged words and then Vasquez became angry and assaulted Plaintiff. The premises on which the attack occurred was owned, maintained, managed, and operated by Vasquez and Defendants Cyril Heffesse, Max Heffesse, and LA Properties Heffesse LLC (“Heffesse Defendants”...

2018.2.14 Motion to be Relieved as Counsel 591
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.14

Excerpt: ...nt to CRC Rule 3.1362. Counsel served Ralph Brooks at his last known mailing address, which was confirmed by a “Due Diligence Search, Internet Search, and Postal Search” within the past 30 days of filing the motion. Counsel also states that he is unable to confirm or locate an updated address for Ralph Brooks. According to Counsel's declaration, multiple efforts have been made to locate Ralph Brooks' current address. The proof of service show...

2018.2.13 Motion to Establish Admissions, Requests for Sanctions 337
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.13

Excerpt: ...riano. On October 12, 2017, Defendant served on Plaintiffs the RFAs. Defendant states that only unverified responses were provided. As of the filing of the motions, Defendant states that she has not received verified responses from Plaintiffs. Pursuant to CCP §2033.210, a party to whom RFAs have been directed shall respond in writing under oath separately to each request. Furthermore, “[u]nsworn responses are tantamount to no responses at all....

2018.2.13 Motion to Continue Trial 360
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.13

Excerpt: ...ge of Falcone and Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion with regard to denying a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) CRC, Rule 3.1332 provides guidance and factors for the Court to apply in making a determination on whether to grant a motion to continue trial. Defendants argue that good cause exists pursuant to CRC, Rule 3.1332 because the complaint was filed on De...

2018.2.13 Motion to Continue Trial 330
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.13

Excerpt: ...g a continuance.” (In re Marriage of Falcone and Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion with regard to denying a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) CRC, Rule 3.1332 provides guidance and factors for the Court to apply in making a determination on whether to grant a motion to continue trial. Defendant argues that good cause exists pursuant to CRC, Rule 3.1332(c)(3...

2018.2.13 Motion to Compel Physical Exam 987
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.13

Excerpt: ...mplaint, filed October 13, 2016, alleges a cause of action for motor vehicle. Defendant moves for an order compelling Plaintiff's attendance at her independent medical examination (“IME”) and to complete her IME with Dr. Feuerman at his office at 16133 Venture Boulevard, Suite 1105, Encino, California on March 12, 2018 at 3:00 p.m. Plaintiff opposes. LEGAL STANDARD CCP §2032.020 provides that a party may obtain discovery by means of a physic...

2018.2.13 Motion to Compel Deposition 414
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.13

Excerpt: ...ant”). The complaint, filed February 5, 2016, alleges causes of action for negligence and negligence per se. Plaintiff filed a motion compelling deponent Defendant to attend and produce documents. Defendant opposes. LEGAL STANDARD Pursuant to CCP §2025.450, if after service of a deposition notice a party to the action, without having served a valid objection, fails to appear for examination, or proceed with it, or to produce for inspection any...

2018.2.13 Motion for Summary Judgment 196
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.13

Excerpt: ...urth floor, Plaintiff unknowingly stepped onto a 2-3-inch-long screw/bolt lying on the landing surface. She alleges her left foot shot up and she made an effort to catch herself, but her right foot got tangled on something on the landing floor. As she tried to grab the wall, she hit the light switch turning the only lightbulb off, and tumbled down the stairwell. The complaint, filed February 11, 2016, alleges a single cause of action for premises...

2018.2.13 Motion for Determination of Good Faith Settlement 119
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.13

Excerpt: ...d injury as a result of a negligent placement of a peripherally inserted central catheter (“PICC”) line at Defendant Long Beach Memorial Medical Center, resulting in the retention of an intravascular foreign object in Plaintiff's body. On January 19, 2018, Defendant Long Beach Memorial Medical Center (“LBMMC”) filed a motion for determination of good faith settlement between LBMMC and Plaintiff. The motion is unopposed. LEGAL STANDARD Cod...

2018.2.5 Motion for Summary Judgment 388
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.5

Excerpt: ...o Plaintiff's truck, and haul it away. (Fact 1-2.) Plaintiff alleges he backed his truck up in front of the garage and while he was working, Defendant pushed the garage's remote control door opener, causing it to close and strike Plaintiff on the head. (Fact 3-4.) Plaintiff alleges he was injured as a result. (Fact 4.) The complaint, filed January 26, 2016, alleges a cause of action for negligence against Defendant. (Fact 1.) Defendant moves for ...

2018.2.5 Demurrer, Motion to Strike 565
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.5

Excerpt: ...l injury. Plaintiff alleges that on September 16, 2015, there was a motor vehicle collision caused by Defendant Valenzuela which injured the Plaintiffs. Plaintiff also alleges that Defendants O'Brien and Figueroa owned the vehicle driven by Defendant Valenzuela. On November 14, 2017, Plaintiffs submitted an Ex Parte Application to amend the complaint as having been filed on September 18, 2017. The court denied the Ex-Parte Application without pre...

2018.2.5 Motion for Consolidation of Actions 902
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.5

Excerpt: ...t be consolidated unless they are in the same department. A motion to consolidate two or more cases may be noticed and heard after the cases, initially filed in different departments, have been related into a single department, or if the cases were already assigned to that department.” (Local Rule 3.3(g).) The cases were deemed related on December 12, 2017. CCP §1048(a) provides that the Court may order a joint trial on matters that “involv[...

2018.2.2 Motion for Leave to File Complaint 584
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.2

Excerpt: ...e of Defendant Raiser, LLC (“Raiser”) and that Raiser owned and entrusted the vehicle to Marquez. The complaint, filed September 20, 2016, alleges causes of action for motor vehicle and general negligence. On December 27, 2016, Raiser filed an answer to the complaint. On January 4, 2018, Raiser filed this instant motion for leave to file a cross-complaint against Robert Mueller for: (1) implied indemnity; (2) contribution; and (3) declaratory...

2018.2.2 Motion for Summary Judgment 300
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.2

Excerpt: ...fendants' treatment of Plaintiff was negligent. Defendant Dr. Afar Noho Dental Group, Inc. (“Dental Group”) moves for summary judgment on the grounds that there is no triable issue of material fact and that the action against Dental Group was filed after the expiration of the one year statute of limitations under CCP §340.5. Plaintiff opposes. REQUEST FOR JUDICIAL NOTICE Dental Group requests judicial notice of the California Secretary of St...

2018.2.2 Motion for Summary Judgment or Adjudication 378
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.2

Excerpt: ...ciation of Metropolitan Los Angeles (“YMCA”), located in San Pedro. She alleges her instructor, Defendant Irma Contreras-Shaw (“Contreras”) negligently and without warning pushed her into the swimming pool, causing her to strike her left hip against the pool. For the purposes of this motion, it is undisputed that Plaintiff and her family joined the San Pedro YMCA because they wanted Plaintiff to practice swimming. (Fact 4.) In May 2009, C...

2018.2.2 Motion to Continue Trial 050
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.2

Excerpt: ...ause requiring a continuance.” (In re Marriage of Falcone and Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion with regard to denying a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) CRC, Rule 3.1332 provides guidance and factors for the Court to apply in making a determination on whether to grant a motion to continue trial. Plaintiffs argue that good cause exists pursuant to CRC, Rul...

2018.2.2 Motion to Limit Expert Witness Fees 626
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.2

Excerpt: ...action for motor vehicle negligence and negligence per se (Veh. Code, §21453(A)). Plaintiff moves to limit the fees for Defendant's expert witness Ronald Kvitne, M.D. Defendant opposes. EVIDENTIARY OBJECTIONS AND REQUEST FOR JUDICIAL NOTICE Plaintiff submits evidentiary objections to Defendant's evidence. Evidentiary objection nos. 1 and 2 to the Donna M. Maryanski declaration are overruled. Evidentiary objection no. 3 to Dr. Kvitne's declaratio...

2018.2.2 Motion to Quash Deposition Subpoenas 066
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.2

Excerpt: ... dangerous condition on their property, which consisted of a stairway that led to Plaintiffs' residence. Plaintiffs allege Defendants negligently and carelessly attempted to repair the broken and dilapidated stairway, but that a step was still broken. On January 31, 2016, Anthony Dermenjian fell while descending the stairs because the stairs suddenly collapsed. The complaint was filed on December 7, 2016. The first amended complaint, filed March ...

2018.2.2 Motions for Leave to File Complaint, Compel Deposition 645
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.2

Excerpt: ... 2017, alleges causes of action for: (1) general negligence; (2) negligence per se; (3) common law liability for scienter; and (4) battery. Plaintiff moves to for leave to file the proposed First Amended Complaint (“FAC”) and moves to compel the deposition of Defendant. The motion for leave to file the proposed FAC is not opposed. Defendant opposes the motion to compel her deposition. MOTION FOR LEAVE TO FILE THE FAC A. Legal Standard CCP §4...

2018.2.1 Demurrer 937
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.1

Excerpt: ...he spelling provided by Plaintiff in the complaint), and Does 1-25, alleging a cause of action for negligence. Plaintiff alleges that on August 1, 2015, Defendants committed negligence that resulted in injury to Plaintiff. On December 26, 2017, Defendant Kuenniger filed a demurrer to the complaint. The court has considered the moving papers, as no opposition has been filed. DISCUSSION Defendant Kuenniger demurrers to the complaint on the grounds ...

2018.2.1 Motion for Judgment on the Pleadings 819
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.1

Excerpt: ...dants S.B., Inc., dba Sherman Bros. Heavy Trucking (“S.B.”) is alleged to the employer of Bagley and the owner of the vehicle driven by Bagley. The complaint, filed January 30, 2017, alleges causes of action for motor vehicle and general negligence. <00030003000300030003000300030003000300030003000300320051000300300044005c000300150018000f0003001500130014001a000f0003003600110025001100030049004c004f00480047000300440003004600550052005600560010004...

2018.2.1 Motion for Summary Judgment 306
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.1

Excerpt: ...ndant informed her that she had terminal ovarian cancer and would require surgery. After Defendant performed tests, she informed Plaintiff that the results indicated Plaintiff did not have cancer. Plaintiff alleges Defendant was negligent for prematurely diagnosing her prior to an ultrasound. Defendant moves for summary judgment on the grounds: (1) Defendant complied with the required standard of care in treating Plaintiff, negating breach of dut...

2018.2.1 Motion for Leave to Designate Expert Witness 841
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.1

Excerpt: ... The complaint, filed February 29, 2016, alleges a cause of action for premises liability. Trial is set for February 20, 2018. Plaintiff moves for leave to designate her experts pursuant to CCP §473(b). Defendant opposes. LEGAL STANDARD CCP §2034.710 provides: (a) On motion of any party who has failed to submit expert witness information on the date specified in a demand for that exchange, the court may grant leave to submit that information on...

2018.2.1 Motion to Compel Discovery Responses, Request for Sanctions 829
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.1

Excerpt: ...Interrogatories (“SROG”), set one; and (2) Request for Production of Documents (“RPD”), set one. <00510057004c0049004900 00460052005900480055>y requests. As of the filing of the motions, Defendant states that it has not received responses from Plaintiff. Defendant's unopposed motions to compel responses to the FROG, SROG, and RPD are <0013001300110003000300 00490003004c00560003>ordered to provide verified responses to Defendant's discover...

2018.2.1 Motion to Vacate Dismissal 422
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.1

Excerpt: ... 2016, alleges causes of action for negligence and motor vehicle. No proof of service of the summons and complaint have been filed in this action. On September 5, 2017, no parties appeared for the Final Status Conference and the Court noted that there was no proof that Defendants had been served in this action. As no appearances were made and no communication was made with the Court as to why there were no appearances by counsel or the parties, t...

2018.1.9 Motion to Dismiss Action 469
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.1.9

Excerpt: ...sale (“Defendant'). He alleges he slipped and fell due to a bumpy and slippery substance on the premises. The complaint, filed September 27, 2016, alleges causes of action for negligence and premises liability. Defendants move to dismiss the action for Plaintiff's failure to provide Court-ordered responses to Defendant's special interrogatories, set one (“SROG”). LEGAL STANDARD Pursuant to CCP §2023.030, the court may impose sanctions for ...

2018.1.9 Motion to Compel Deposition 026
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.1.9

Excerpt: ...nt Reconstruction Institute of Los Angeles. Arthritis and Joint Reconstruction Institute of Los Angeles was dismissed from the action. Dr. Penenberg moves to compel the deposition of Dr. Bal Rajagopalan, M.D., one of Plaintiff's treating physicians. Dr. Penenberg argues that he noticed and subpoenaed Dr. Rajagopalan for deposition for August 25, 2017, but Dr. Rajagopalan requested and Dr. Penenberg agreed to continue the deposition date to Novemb...

2018.1.9 Motion to Compel Compliance with Subpoena and Deposition of Plaintiff 744
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.1.9

Excerpt: ...an Audilio Moreno (“Defendant”) that occurred on June 17, 2014. The complaint, filed March 15, 2016, alleges a cause of action for motor vehicle. Defendant filed two motions: (1) a motion to compel A+ Day Spa Massage (“A+ Day”) to comply with a deposition subpoena; and (2) a motion to compel the subsequent deposition of Plaintiff Yinji Pei (“Pei”). The first motion is not opposed. Plaintiffs oppose the second motion. MOTION TO COMPEL ...

2018.1.9 Motion for Summary Judgment 374
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.1.9

Excerpt: ...at Defendant negligently maintained the premises such that when Plaintiff placed merchandise back on a shelf, another unit of merchandise became unstable, fell on the floor, spilled its liquid contents on the floor, and caused Plaintiff to slip and fall on a growing puddle. The complaint, filed November 10, 2016, alleges causes of action for premises liability and negligence. On October 20, 2017, Defendant filed the instant motion for summary jud...

2018.1.9 Motion for Protective Order 370
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.1.9

Excerpt: ...d sustain injuries. The complaint, filed June 28, 2017, alleges a single cause of action against Defendants City of Los Angeles and City of Los Angeles Department of Recreation and Parks (“Defendants”) for: (1) dangerous condition on public property (Gov't Code, §835). Plaintiff moves for an order pursuant to CCP §2025.420 et seq., for a protective order for Defendants to take the deposition of Plaintiff at her residence because she is 96 y...

2018.1.9 Motion for Good Faith Settlement 936
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.1.9

Excerpt: ...er, “Legget”) (collectively, “Plaintiffs”) and Defendants Daniel Pudwill and Kristin Pudwill (“Pudwill Defendants”). The complaint was filed on July 10, 2017. The operative First Amended Complaint, filed July 28, 2017, alleges causes of action for motor vehicle and general negligence. On September 21, 2017, Pudwill Defendants filed a cross-complaint for indemnity, partial indemnification, and declaratory relief, against Legget. Legget...

2018.1.9 Demurrer and Motion to Strike 026
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.1.9

Excerpt: ...omobile Insurance Company (“State Farm”) (jointly, “Defendants”), alleging causes of action for (1) Motor Vehicle – Personal Injury, (2) General Negligence, (3) Assault, and (4) Battery. Plaintiff alleges that on February 7, 2016, Defendant Maillet was drunk driving when she rear-ended Plaintiff and then proceeded to exit her vehicle and assault and batter Plaintiff, causing him injury. On December 1, 2017, Defendant Maillet filed a dem...

2018.1.8 Motions to Compel Discovery Responses 694
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.1.8

Excerpt: ...ROG”), set one; and (3) Demand for Inspection and Production of Documents (“DIPD”), set one. On July 14, 2017, Defendant served on Plaintiff the discovery requests. As of the filing of the motions, Defendant states that it has not received responses from Plaintiff. Defendant's unopposed motions to compel responses to the FROG, SROG, and DIPD, are granted pursuant to CCP §§2030.290 and 2031.300. Plaintiff is ordered to provide verified res...

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