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2021.03.25 Motion to Compel Further Responses 578
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.03.25
Excerpt: ...LING: The motion is granted. Plaintiff is ordered to provide a further verified response to Special Interrogatory number 5 in Set 1 within 15 days. This action arises out of the termination of Plaintiff's employment with Defendant Desert Pathology Medical Group, Inc., a subsidiary of Unilab Corporation dba Quest Diagnostics (Quest). Quest employed Plaintiff from 2005 to 10/30/18 as a general pathologist. (Compl. ¶¶11-13). Quest contends that Pl...
2021.03.23 Motion for Summary Judgment 820
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.03.23
Excerpt: ...ession, on or about 1/15/2020, Defendant Johnny Peterson entered the premises and expelled Plaintiff by force. On or about 12/7/2020, Ms. Slater served defendants a written notice requiring and demanding that Mr. Peterson deliver the premises to Ms. Slater within 5 days after service of the notice. Mr. Peterson failed to deliver the premises. The complaint further alleges that the value of the property is $63.33 a day and that Plaintiff is enttil...
2021.03.11 Motion to Compel Further Responses 243
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.03.11
Excerpt: ...order calls for the production of documents protected by the attorney client privilege or attorney work product doctrine, Defendant may withhold the document from the production and provide a privilege log. The parties are ordered to meet and confer regarding a stipulated protective order. Defendant is ordered to submit a proposed protective order within 7 days of the date of this order and to call the courtroom in Department A to inform the cler...
2021.03.11 Motion for Leave to File SAC 076
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.03.11
Excerpt: ...rm‐of‐years tenancy pursuant to a written agreement and agreed to pay rent in the amount of $6,500.00 per month on the first of the month. Plaintiff allegedly served Defendant a three‐day notice to cure or quit on 1/3/20, and that Defendant failed to comply with the requirements of the notice. Plaintiff requests damages at the fair rental value of $216.67 per day from 1/3/20 for each day that Defendant remains in possession through entry of...
2021.03.11 Demurrer 677
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.03.11
Excerpt: ...al trauma investigation was performed, which involved both social services and the LAPD. From the medical records, Plaintiff deduces that the break occurred during the care given by nurses employed by Defendant St. Francis. Plaintiff alleges eight causes of action: (1) professional negligence; (2) lack of informed consent; (3) medical battery; (4) intentional misrepresentation; (5) concealment of material facts; (6) negligent misrepresentation; (...
2021.03.11 Demurrer 315
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.03.11
Excerpt: ...laintiff orally agreed to purchase real property to be held solely in Defendants' names. Plaintiff and Defendant, Leslye Gonzalez (“Leslye”), agreed that while Plaintiff would not be on title to the property, Plaintiff would be an equal owner with Defendants. Defendant Leslye filed an unlawful detainer action against Plaintiff, which is currently pending. Plaintiff alleges the following causes of action: 1. Breach of contract 2. Specific Perf...
2021.03.10 Motion to Reopen Discovery 924
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.03.10
Excerpt: ...y motions heard on or before the 15th day before the date initially set for trial. (CCP § 2024.020(a).) A continuance or postponement of the trial date does not operate to reopen discovery proceedings. (CCP § 2024.020(b).) On motion of a party, the court may reopen discovery after a new trial date has been set. (CCP § 2024.050(a).) Such motions must be accompanied by a meet and confer declaration. (Ibid.) The reopening of discovery is a matter...
2021.03.10 Motion to Compel Arbitration and Stay Action 227
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.03.10
Excerpt: ...tition to compel arbitration the trial court's first task is to determine whether the parties have in fact agreed to arbitrate the dispute. [Citation.] A party seeking to compel arbitration has the burden of proving the existence of a valid agreement to arbitrate. Once that burden is satisfied, the party opposing arbitration must prove by a preponderance of the evidence any defense to the petition. [Citation.] Although the FAA preempts any state ...
2021.03.10 Motion for Terminating, Monetary, Evidence, or Contempt Sanctions 419
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.03.10
Excerpt: ...very responses or attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. (Code Civ. Proc. § 2025.450, subd. (h) (depositions); § 2030.290, subd. (c) (interrogatories); § 2031.300, subd. (c) (demands for production of documents).) “The trial court may order a terminating sanction for discovery abuse ‘after considering the totality of the circumstances: [the] conduct of the party to determine if...
2021.03.08 Motion for Summary Judgment 778
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.03.08
Excerpt: ...ions, 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 inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that t...
2021.03.08 Motion for Judgment on the Pleadings 396
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.03.08
Excerpt: ...he same as that arguable by general demurrer, namely, the failure to state a cause of action or defense. (Dobbins v. Hardister (1966) 242 Cal.App.2d 787, 791; See also Sofias v. Bank of America (1985) 172 Cal.App.3d 583, 586 [The non statutory motion for judgment on the pleadings can be made at any time, even during trial, since the grounds for a general demurrer are never waived.].) A motion for judgment on the pleadings performs the same functi...
2021.03.08 Motion for Summary Judgment, Adjudication 654
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.03.08
Excerpt: ...ant D.B. Hannam Chain, Inc. (“D.B Hannam”) for negligence and premises liability relating to a slip and fall that occurred on October 2, 2017. Plaintiff alleges D.B. Hannam created and maintained an unreasonably dangerous condition at its business location because she slipped and fell on an uneven area of pavement. Plaintiff further alleges that D.B. Hannam owed her a duty of reasonable care, and this duty was breached because of the unreason...
2021.03.08 Motion to Strike 191
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.03.08
Excerpt: ..., upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc., § 436, subd. (a)-(b); Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) Discussion Defendants move to strike punitive ...
2021.03.04 Motion for Terminating, Issue, Evidentiary, and Monetary Sanctions 216
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.03.04
Excerpt: ...r. ANALYSIS Legal Standard CCP section 2023.030 provides that, “[t]o the extent authorized by the chapter governing any particular discovery method . . . , the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose . . . [monetary, issue, evidence, or terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process . . . .” CCP section 2023.010 provides ...
2021.03.04 Motion for Summary Judgment 276
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.03.04
Excerpt: ...'s Evidence: i. The following are overruled: 2, 3 ii. The following are sustained: 1 ANALYSIS Legal Standard The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Code of Civil Procedure (�...
2021.03.04 Demurrer, Motion to Strike 622
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.03.04
Excerpt: ...medical operation. On December 30, 2020, Plaintiff Karapet Uzunyan (“Plaintiff”) filed a complaint against Defendants Benjamin Song, M.D. (“Song”), Krikor Kalindjian (“Kalindijan”), and Hollywood Presbyterian Medical Center (“HPMC”), and Does 1-100 for professional negligence/medical malpractice. On February 3, 2021, Defendant HPMC filed the instant demurrer to the complaint and motion to strike. Thereafter, Plaintiff filed opposi...
2021.03.03 Motion to Dismiss Action 276
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.03.03
Excerpt: ...r Monetary Sanctions is DENIED. ANALYSIS Legal Standard CCP section 2023.030 provides that, “[t]o the extent authorized by the chapter governing any particular discovery method . . . , the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose . . . [monetary, issue, evidence, or terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process . . . .” C...
2021.03.03 Motion to Compel Deposition 524
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.03.03
Excerpt: ...riting as to an alternate convenient date and time. Plaintiff's request for monetary sanctions against Defendant and her counsel, jointly and severally, is GRANTED in the reduced amount of $460. Sanctions are payable within 30 days. Defendant Guillermina Hernandez's motion for a protective order is DENIED. ANALYSIS This action arises from an automobile collision that occurred on March 27, 2019. On July 22, 2020, Plaintiff Maria Sandoval filed a c...
2021.03.02 Motion for Summary Judgment 974
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.03.02
Excerpt: ...e 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 inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as...
2021.03.02 Motion for Leave to Intervene 090
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.03.02
Excerpt: ...tisfied: (A) A provision of law confers an unconditional right to intervene. (B) The person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties. (2) The court...
2021.03.02 Demurrer, Motion to Strike 306
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.03.02
Excerpt: ... sustained without leave to amend. Moving Defendants' motion to strike is denied as moot. Legal Standard A. Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of the complaint, the court must assume the truth of (1) the properly pleaded factual allegations; (2) facts that can be reasonably inferred...
2021.03.01 Motion for Terminating, Evidentiary, Issue Preclusion, and Monetary Sanctions 625
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.03.01
Excerpt: ...the chapter governing any particular discovery method . . . , the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose . . . [monetary, issue, evidence, or terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process . . . .” CCP section 2023.010 provides that “[m]issues of the discovery process include, but are not limited to, the following: . . ....
2021.02.26 Motion to Compel Discovery Responses, for Monetary Sanctions 167
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.02.26
Excerpt: ...ED. ANALYSIS Legal Standard Compel 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. (Code Civ. Proc. § 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 serv...
2021.02.26 Motion to Compel Deposition 168
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.02.26
Excerpt: ...her counsel's information, if she obtained a new attorney. Legal Standard Motion to Compel Deposition with Production of Documents 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 docum...
2021.02.25 Demurrer 368
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.02.25
Excerpt: ...f determining whether an agreement can be reached through a filing of an amended pleading that would resolve the objections to be raised in the demurrer. (CCP §§ 430.41.) The Court finds that Demurring Defendants have filed code-compliant meet and confer declarations. (Taylor Decl., ¶¶ 4-6; CCP § 430.41(a)(3)(B).) Demurrer Defendant can demur within the same period of time it has to answer the complaint, i.e., 30 days after service, unless e...
2021.02.25 Motions to Dismiss Complaint, Requests for Sanctions 996
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.02.25
Excerpt: ...ny of Los Angeles, LLC's Motion to Dismiss the Complaint of Plaintiff Claudia Martin is GRANTED. Defendant's request for monetary sanctions against Plaintiff Claudia Martin is DENIED. ANALYSIS Legal Standard CCP section 2023.030 provides that, “[t]o the extent authorized by the chapter governing any particular discovery method . . . , the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impo...
2021.02.23 Motion to Compel Verified Answers 737
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.02.23
Excerpt: ...'s requests for sanctions are GRANTED. ANALYSIS: Legal Standard Compel RPDs Where there has been no timely response to a demand for the production of documents, the demanding party may seek an order compelling a response. (Code Civ. Proc. § 2031.300(b).) Failure to timely respond waives all objections, including privilege and work product. (Code Civ. Proc. § 2031.300(a).) Thus, unless the party to whom the demand was directed obtains relief fro...
2021.02.22 Motion to Dismiss Action 675
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.02.22
Excerpt: ...orized by the chapter governing any particular discovery method . . . , the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose . . . [monetary, issue, evidence, or terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process . . . .” CCP section 2023.010 provides that “[m]issues of the discovery process include, but are not limited to, the follow...
2021.02.22 Motion to Compel Stipulated Mental Examination 130
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.02.22
Excerpt: ...d A court order is required to obtain a party's mental examination. (Code Civ. Proc. § 2032.310(a).) Such an order may be made only after notice and hearing, and for "good cause shown." (Code Civ. Proc., §§ 2032.310(c), 2032.320(a).) The motion must state the time, place, identity and specialty of the examiner, and the "manner, conditions, scope and nature of the examination." (Code Civ. Proc., § 2032.310(b).) “An order granting a physical ...
2021.02.22 Motion to Compel Responses 016
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.02.22
Excerpt: ...ion of Documents, Set One are GRANTED. Defendants' requests for sanctions are GRANTED. Legal Standard If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc. § 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...
2021.02.19 Motion for Terminating Sanctions 170
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.02.19
Excerpt: ...ingstone, Inc. (“Pacific”), and California Waterscapes Incorporated (“California Waterscapes”) negligently executed a left hand turn directly into the motor vehicle Plaintiff Zepeda was operating and in which Plaintiff Maradiaga was a passenger. On April 6, 2018, Plaintiffs filed a complaint against Defendants for motor vehicle and general negligence. On December 17, 2020, the Court granted the motions to compel Plaintiffs' depositions fi...
2021.02.18 Motion to Strike 026
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.02.18
Excerpt: ...trict liability based on Civ Code § 3342, common law strict liability, negligence, and premises liability. The complaint also prays for recovery of punitive damages. Defendant moves to strike the allegations in support of recovery of punitive damages and the prayer for attorney's fees. Defendant argues Plaintiff did not allege specific facts to indicate Defendant caused the accident, controlled the dog, owned the dog, or even that she was presen...
2021.02.17 Motion for Summary Judgment 884
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.02.17
Excerpt: ...n 5/10/14. The complaint alleges that Defendant, Herman Hunter, negligently operated his vehicle, causing a collision with Plaintiff's vehicle. Plaintiff alleges claims for negligence and motor vehicle negligence. On 1/2/18, Plaintiff filed an Amendment to Complaint substituting the Estate of Herman Hunter for Doe 1. Defendant argues that Plaintiff's complaint is barred by the 1‐year statute of limitations set forth at Probate Code § 551. Defe...
2021.02.10 Motion to Strike 032
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.02.10
Excerpt: ...other damages, the complaint prays for imposition of punitive damages against the Doe defendant who allegedly attacked Plaintiff and against Defendant Home Depot U.S.A., Inc., the employer. To support a claim for punitive damages, Plaintiff must allege facts and circumstances showing conduct constituting malice, fraud or oppression. Grieves v. Superior Court (1984) 157 Cal. App. 3d 159, 166. The predicate acts to support a claim for punitive dama...
2021.02.10 Motion to Stay Discovery 067
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.02.10
Excerpt: ... from a motor vehicle accident that allegedly occurred on 10/27/19. Plaintiffs allege that Defendant, Alfredo Gutierrez (“Gutierrez”), while operating his CHP motorcycle, struck and killed Plaintiffs' decedent, Cezannie Mount. Plaintiffs allege claims for wrongful death and negligence. Defendants argue that Gutierrez is a Defendant in the related criminal matter arising from the same traffic accident. Requiring him to respond to discovery or ...
2021.02.09 Motion to Amend Complaint 688
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.02.09
Excerpt: ...efendant failed to maintain the premises and permitted a number of leaks throughout the premises. Plaintiff Gomez slipped and fell on liquid substance near the restrooms. Plaintiff alleges one cause of action for negligence. Plaintiff moves to amend the complaint to add a prayer for punitive damages against Defendant. Plaintiff asserts that Defendant knew of the extensive water leaks in the ceiling, but Defendant failed to remedy or repair the le...
2021.02.09 Motion for Summary Judgment 938
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.02.09
Excerpt: ...nt Los Angeles County Metropolitan Transit Authority (“LACMTA”). LACMTA moves for summary judgment. Plaintiff does not oppose. EVIDENCE Plaintiff was a passenger on Metro bus No. 9239 on Line 851 on August 5, 2018. Plaintiff submitted a claim for damages to LACMTA, stating that as she tried to exit the bus, the driver closed the door on her, causing her to fall. In responses to RFAs, Plaintiff admits that at the time of the incident LACMTA bu...
2021.02.03 Demurrer 753
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.02.03
Excerpt: ...nal distress and the sixth cause of action for imputed liability are SUSTAINED WITHOUT LEAVE TO AMEND as to Defendant Walnut Valley Unified School District ONLY. In the second amended complaint, Plaintiff Dylan Joyce alleges that he was a student at Diamond Bar High School in the Walnut Valley Unified School District when he was violently attacked by a fellow student, Vehi Pulu. Plaintiff further alleges that employees of Defendant Walnut Valley ...
2021.02.02 Motion to Strike Punitive Damages 418
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.02.02
Excerpt: ...d to it is proper. The court rejected the filing of the second amended complaint on 11/30/2020 because Plaintiff did not obtain leave of court permitting its filing. Defendant, however, treats the second amended complaint as if it had been properly filed and addresses its merits. For efficiency's sake, the court orders the clerk to file the second amended complaint and deems it filed as of 11/30/2020. This action arises from an incident that alle...
2021.02.02 Motion to Compel Second Deposition 652
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.02.02
Excerpt: ...§ 2025.610.) This order is without prejudice to a motion for a protective order should Plaintiff's counsel obtain relevant, medically verified information regarding Plaintiff's capacity within the next 60 days. The motion for sanctions is DENIED. This action arises from an incident that occurred on 12/12/17. The complaint alleges that Plaintiff slipped on liquid while shopping and fell. Plaintiff alleges claims for negligence and premises liabil...
2021.02.02 Demurrers 043
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.02.02
Excerpt: ...er. Plaintiff asserts causes of action for medical negligence and medical battery. Defendant demurs on the following grounds: (1) Plaintiff inappropriately and without leave of court amended her first cause of action for professional negligence after having been granted leave to amend to add a claim for medical battery; (2) Plaintiff's claim for medical battery is uncertain, fails to allege facts sufficient to constitute a cause of action, and is...
2021.02.02 Demurrer 934
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.02.02
Excerpt: ...stopping to render aid and exchange information, Defendant Villatoro fled from the scene. Plaintiff purports to allege two causes of action, negligence and negligence per se. In the negligence claim, Plaintiff alleges, among other things, that Defendant negligently operated the vehicle, causing injury to Plaintiff. DISCUSSION In the second cause of action for negligence per se, Plaintiff alleges that Defendant violated “Vehicle Code section 200...
2021.01.29 Motion to Compel Posting of Undertaking 801
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.01.29
Excerpt: ...ides in relevant part: “When the plaintiff in an action or special proceeding resides out of the state . . . the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs . . . .” Subdivision (b) provides, in part: “The motion shall be made on the grounds that the plaintiff resides out of state . . . and there is a reasonable possibility that the mo...
2021.01.29 Motion for Summary Judgment 007
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.01.29
Excerpt: ...�90210 SMC”) and was injured as a result of the professional negligence of Defendant 90210 SMC and its employees. The complaint further alleges that Defendant Cedars‐Sinai Medical Center (“Cedars”) had a controlling interest in 90210 SMC and that the nurse who performed the procedure at issue was an employee of both 90210 SMC and Cedars. Cedars moves for summary judgment, arguing that there is no evidence that Cedars was directly negligen...
2021.01.28 Motion for Summary Judgment 138
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.01.28
Excerpt: ...h California Rules of Court Rule 3.1350(f). That rule requires the party opposing summary judgment to file a statement in 2‐column format that “states on the right side of the page, directly opposite the fact in dispute, the nature of the dispute and describe the evidence that supports the position that the fact is controverted. That evidence shall be supported by citation to exhibit, title, and page and line numbers in the evidence submitted...
2021.01.28 Demurrer 806
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.01.28
Excerpt: ...attempting to escape from a vicious dog owned or kept by Defendants Erasmo Quijaas and Nicholas Quijaas. Plaintiff alleges that the dog had a history of past aggression and that Defendants were aware of the dog's vicious and dangerous propensities. Plaintiff further alleges that Defendants failed to restrain their dog from attacking others in the past; failed to adequately restrain the dog in this instance; and acted recklessly in exposing others...
2021.01.26 Motion for Summary Judgment 335
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.01.26
Excerpt: ... that she slipped and fell at a grocery store owned and operated by Defendant Super Center Concepts, Inc., dba Superior Grocers, as a result of Defendant's negligence. Plaintiff asserts claims for general negligence and premises liability. Defendant moves for summary judgment. EVIDENCE A. DEFENDANT'S EVIDENCE 1. Excerpts from Plaintiff's Deposition Plaintiff testified that she entered Defendant's store at about 1:45 p.m. on October 20, 2017, walk...
2021.01.25 Motion to Require Undertaking 318
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.01.25
Excerpt: ... owned or operated by Defendants Anoush Catering and LA Banquets, LLC. Plaintiff alleges that she slipped or tripped and fell on the steps leading up to the stage because of insufficient lighting in the area. Plaintiff contends that the inadequate lighting constituted a dangerous condition and that Defendants knew or should have known about it. Plaintiff asserts a premises liability claim. DISCUSSION Section 1030, subdivision (a) of the Code of C...
2021.01.22 Motion for Summary Judgment, Adjudication 177
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.01.22
Excerpt: ...for strict products liability. Plaintiff alleges that he lost his balance and fell from the outer ledges of a dumpster that he climbed to empty trash. Plaintiff alleges Defendant's dumpster contained design and manufacturing defects. Defendant moves to strike Plaintiff's prayer for punitive damages. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Cal. Civ....
2021.01.21 Motion for Summary Judgment 225
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.01.21
Excerpt: ...5 for a dangerous condition of public property. The City moves for summary judgment, contending the undisputed evidence establishes that the defect was trivial. EVIDENCE A. CITY OF LONG BEACH'S EVIDENCE IN SUPPORT OF THE MOTION 1. Excerpts from Plaintiff's Deposition Plaintiff testified as follows: The incident at issue in this lawsuit occurred on July 12, 2018 in front of a restaurant called Los Reyes Del Taco Sabroso at 2345 E. Anaheim St., Sui...

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