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2021.01.19 Motion for Leave to Conduct IME 762
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.01.19
Excerpt: ... Plaintiff William Seneviratne, by and through his guardian ad litem, alleges he was injured when Defendant hit his father's vehicle as he was exiting the vehicle. Plaintiff, a thirteen‐year‐old boy alleges severe physical and mental injuries, including a traumatic brain injury. Plaintiff contends that he suffers from insomnia, impaired memory, dizziness and cognitive impairment and also contends that his injuries have impaired his future ear...
2021.01.14 Demurrer 994
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.01.14
Excerpt: ...ier Lopez, through their guardian ad litem Laura Rocha, allege they were injured by Defendant Diana Arreola and her employer Defendant Mi Sueno Speech Therapy. Plaintiffs allege that Ezekiel was diagnosed with developmental delays and possible autism by physicians at the Pomona Regional Medical Center (“PRMC”). PRMC contracted with Mi Sueno Speech Therapy Inc. (“Mi Sueno”) to provide Ezekiel with speech therapy to improve his communicatio...
2021.01.13 Application for Determination of Good Faith Settlement 923
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.01.13
Excerpt: ...nt Elizabeth Ochoa. Plaintiff and Ochoa entered into a settlement agreement for Ochoa's $15,000 policy insurance policy limits. At the time of the settlement, Plaintiff had incurred approximately $118,708.50 in medical expenses. Ochoa applied for a good faith settlement determination pursuant to Code of Civil Procedure section 877.6. The non‐settling defendants contest the application, claiming that the settlement is far outside of the ballpark...
2021.01.07 Motion to Strike 086
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.01.07
Excerpt: ...rst amended complaint within 20 days. In the first amended complaint, Plaintiffs Ethan Sharim and Farhad Sharim allege they were injured in a car accident as a result of the negligence of Defendant Petros Melkonyan. Plaintiffs assert claims for general negligence, motor vehicle negligence and negligent infliction of emotional distress. The claim for negligent infliction of emotional distress is asserted only on behalf of Ethan Sharim. The complai...
2021.01.06 Motion to Change Venue 847
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.01.06
Excerpt: ... met their burden of establishing that ALL defendants reside outside of Los Angeles County. DISCUSSION In the complaint, Plaintiff Cinda Mickols alleges that she was injured by the alleged professional negligence of Defendants Dr. Mark Andrew Liker; Adventist Health Bakersfield; San Joaquin Community Hospital; Dr. Sudhir Shyam Joshi; Dr. Imad Abumeri; Dr. Mary Grace Magalong; Dr. Gary S. Rubiaco; Dr. Lorraine M. Ash; Dr. Jeffrey Chen; and Dr. Bar...
2021.01.06 Demurrer 198
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2021.01.06
Excerpt: ...he was injured in a car collision caused by the negligence of Defendant Jennifer Brown, who is alleged to have been the driver of the car who Plaintiff's car. The complaint purports to state three causes of action: (1) negligence; (2) negligence per se; and (3) statutory liability under Vehicle Code sections 17150‐17159. Defendant demurs to the second and third causes of action. TIMELINESS OF DEMURRER Plaintiff argues that the demurrer is untim...
2020.12.30 Motion for Summary Judgment 424
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.12.30
Excerpt: ...gence of Defendant Maria Mahgerefteh Samouha. He claims to have suffered personal injuries, damage to his vehicle, loss of use of his vehicle and lost wages, among other categories of damages. Defendant moves for summary judgment, claiming that the undisputed evidence establishes that Defendant was not negligent. In opposition, Plaintiff claims there are disputed issues of fact. EVIDENCE A. Defendant's Evidence 1. Excerpts from Deposition of Defe...
2020.12.29 Motion for Trial Preference 590
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.12.29
Excerpt: ...ms for negligence, strict liability pursuant to Civ Code § 3342, and negligent infliction of emotional distress. Plaintiffs Daniel Wagner and Noah Wagner, by and through their guardian ad litem Allen Wagner, move for a preferential trial setting. Daniel is 8 years old, and Noah is 12 years old. Both have a substantial interest in this litigation as a whole since Daniel was bitten, and Noah suffered emotional distress witnessing the attack. Defen...
2020.12.29 Motion for Reconsideration 567
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.12.29
Excerpt: ...al and motor vehicle negligence. Defendant, Karen Tang, argues that the Court should reconsider its order of 9/4/20 and revoke it on a number of grounds. The Court set the date for the hearing for 9/2/20, but Plaintiffs did not give notice to Defendant as ordered by the Court. Defendant had previously responded to all written discovery on 3/17/20. Defendant had previously prepared and served oppositions that were not filed with the Court due to p...
2020.12.23 Motion to Quash Subpoena 899
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.12.23
Excerpt: ...chard Theodore Guttman. Plaintiff seeks recovery for, among other things, past and future medical expenses, lost income and property damage. Defendants Little and Guttman have each filed a cross‐ complaint against the other for indemnity, apportionment of fault and declaratory relief. In this motion, Plaintiff seeks to quash the following subpoenas: 1. Two subpoenas directed to Mend Urgent Care in Sherman Oaks. The subpoenas seek the production...
2020.12.23 Motion to Quash Deposition Subpoena 359
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.12.23
Excerpt: ...ss‐complaint against Harris and DL Peterson Trust, for indemnity, apportionment of fault and declaratory relief. In this motion, Defendant seeks to quash a subpoena for the production of business records directed to California Casualty Insurance Company (“CCIC”). Several subpoenas are attached to Defendant's motion; the subpoena at issue in this motion appears to be the subpoena dated 7/28/2020, attached as Exhibit E to the motion. The subp...
2020.12.23 Motion to Strike 402
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.12.23
Excerpt: ... claim. ALLEGATIONS OF THE COMPLAINT In the first amended complaint, Plaintiff Jessica Siano alleges that on October 29, 2016 she was violently attacked by Defendants' dog. Plaintiff alleges that prior to the subject attack, “each Defendant was and/or should have been aware that the dog had previously attacked and/or otherwise aggressively barked, growled, or otherwise threatened the public.” Plaintiff further alleges that each defendant “k...
2020.12.23 Motion to Transfer Venue 263
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.12.23
Excerpt: ..., Aegean Stoneworks, Inc. The load allegedly exceeded the weight capacity limit for the truck. Defendant allegedly parked the truck on an uneven surface and failed to chock the wheels of the truck. Defendant directed Plaintiff to remove the straps after telling Plaintiff it was safe to do so. As Plaintiff cut the last strap, the stone slabs fell on Plaintiff. Plaintiff alleges claims for negligent hiring/supervision/retention, negligence, and neg...
2020.12.21 Demurrer 587
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.12.21
Excerpt: ...the City of Industry (“City”) for public entity liability under Government Code sections 815.2, 815.4, 815.6 and dangerous condition of public property under Government Code sections 835, 840.2, 840.4. Plaintiff also asserts a claim for general negligence against non‐public entity Does. The City demurs on the ground that the action is time barred under the Government Claims Act. REQUEST FOR JUDICIAL NOTICE In ruling on a demurrer involving ...
2020.12.18 Motion to Contest Settlement 451
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.12.18
Excerpt: ...cle collision that occurred on 12/17/2017. Plaintiff alleges he was a passenger in a LACMTA van driven by LACMTA employee Victor Joe Romero when the LACMTA van collided with a car being driven by Quin Hui Cham. Plaintiff sued Defendants LACMTA, Romero, Quin Hui Cham and Phuc Cham for negligence. LACMTA filed a cross‐ complaint against Quin Hui Cham and Phuc Cham for indemnity, contribution and declaratory relief. Quin Hui Cham settled with Plai...
2020.12.16 Motion to Challenge Good Faith of a Settlement 686
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.12.16
Excerpt: ...Li Qing, Ruben Madrigal Aliantar, Alicia Nunez and Froylan Ocampo Nunez. Liu and Froylan Nunez each filed cross‐complaints against other defendants. Plaintiff served a statement of damages, claiming $275,000 in economic damages and $500,000 in non‐ economic damages, for a total damage claim of $775,000. The alleged economic damages consist of past and future medical expenses and past and future lost wages. Plaintiff entered into a settlement ...
2020.12.09 Motion to Strike 625
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.12.09
Excerpt: ...The attack occurred on or near property owned, operated or managed by defendants. Prior to the attack, defendants knew that the dog was dangerous and vicious. Defendants negligently failed to control their dog, which in the exercise of due care they could have done. Plaintiff alleges that defendants caused the dog to be unattended and unrestrained on the premises. The dog had previously attacked at least two other people and had been deemed “vi...
2020.12.09 Motion for Summary Judgment, Adjudication 130
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.12.09
Excerpt: ... Judy Wizel's cross‐complaint against the City of Los Angeles. Since Wizel is not liable to Plaintiff, there is no basis for Wizel's equitable indemnity and contribution claims against the City of Los Angeles. In this action Plaintiff Yubia Sandoval alleges she was injured when she tripped and fell on a public sidewalk in the City of Los Angeles. Plaintiff sued Defendants City of Los Angeles (“City”), Judy Wizel (Doe 1) and Judy Wizel Trust...
2020.12.03 Petition for Relief from Government Code 895
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.12.03
Excerpt: ...and on March 27, 2020, amended the complaint to substitute Los Angeles Unified School District as Doe 1. LAUSD demurrers on the ground that Plaintiff failed to comply with the claims presentation requirement and on the ground that Plaintiff was not genuinely ignorant of LAUSD's identity at the commencement of the litigation. Plaintiff, in turn, has filed a petition, pursuant to Government Code section 946.6, to be relieved from the claims filing ...
2020.12.02 Petition for Relief from Governmental Claim Filing Requirements 081
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.12.02
Excerpt: ...tone Blvd. in the City of South Gate. The incident occurred on April 7, 2019. Plaintiff asserts a claim for dangerous condition of public property against the City of South Gate and other defendants. Pursuant to Government Code section 911.2, subd. (a), Plaintiff was required to present a written claim for damages to the City of South Gate within six months of accrual of Plaintiff's cause of action, or by October 7, 2019. Plaintiff, through her c...
2020.12.02 Demurrer, Motion to Strike 069
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.12.02
Excerpt: ...s negligently provided adequate security. Plaintiff alleges claims for negligence, battery, and negligent hiring. Defendant Trustee demurs to the second cause of action for battery and the third cause of action for negligent hiring. Defendant argues that the FAC does not allege actionable conduct against the Trust for the alleged battery or for the alleged negligent hiring of an employee of the pub. Defendant also moves to strike the punitive dam...
2020.12.01 Motion to Compel Arbitration 419
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.12.01
Excerpt: ...provided by Defendant Bird Rides, Inc. (“Bird”) due to the negligence of Bird and Defendant City of Santa Monica (“Doe 1”). Plaintiff asserts claims for negligence, gross negligence and declaratory relief. Bird moves to compel arbitration. Bird presents evidence that when new users sign up to access the Bird platform through the Bird app, new users receive, review and accept the terms of a Bird Rental Agreement, Waiver of Liability and Re...
2020.12.01 Demurrer, Motion to Strike 426
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.12.01
Excerpt: ...his ruling is without prejudice to a future motion for leave to amend to add a claim of punitive damages should Plaintiff later discover facts that would justify a claim for punitive damages. Defendant's Demurrer to Plaintiff's Complaint Pursuant to Code of Civil Procedure Section 430.10, subd. (e) is OVERRULED as moot. In the complaint, Plaintiffs allege they were injured in a motor vehicle collision caused by Defendant Madelin Salazar. In the e...
2020.11.06 Motion to Compel Further Deposition 993
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.11.06
Excerpt: ...ccordance with newly enacted section 2025.310 of the Code of Civil Procedure (effective September 18, 2020). In this action, Plaintiff Lisa Stern alleges she was seriously injured when she fell into a deep hole on premises owned or controlled by Defendants Douglas Emmett 2014 LLC, and ABM Industries Inc. Plaintiff asserts claims for premises liability and negligence. In this motion Plaintiff seeks to compel the further deposition of ABM's “pers...
2020.11.06 Motion to Compel Arbitration and Stay Proceedings 219
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.11.06
Excerpt: ...lleged driver of the car), and Sara Rios (the alleged owner of the car). Defendant Uber Technologies, Inc., move to compel arbitration. No party has opposed. Uber presents evidence that Plaintiff registered to use the Uber App as a rider over the internet. He received and accepted Uber's updated terms and conditions in 2017. The terms and conditions included an arbitration provision that states, in part: “By agreeing to the Terms, you agree tha...
2020.11.04 Motion to Compel Compliance with Subpoena 976
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.11.04
Excerpt: ... related to the spine, brain and/or eyes. USC Verdugo is ordered to produce documents responsive to the subpoena as modified by this order within 30 days of notice of this order (or by any later date to which Defendant agrees). In this action, Plaintiff Doris Coleman claims she was injured in a motor vehicle accident on June 20, 2017. Ms. Coleman claims injuries to her cervical and lumbar spine, a traumatic brain injury, and injury to her vision....
2020.11.03 Motion to Stay or Dismiss Action for Inconvenient Forum 185
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.11.03
Excerpt: ...allegedly acting within the course and scope of his employment with State 2 State Truck, Inc. Plaintiffs also allege that State 2 State Truck, Inc. negligently hired Nobles, whom Plaintiffs contend was incompetent or unqualified to operate a tractor trailer. Plaintiffs are residents of Alabama. Defendant State 2 State Truck, Inc. is a California domestic corporation with its principal place of business in California. Stephen Anthony Nobles, who h...
2020.10.29 Motion to Strike Prayer for Punitive Damages 977
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.10.29
Excerpt: ...s as against Defendant Hector Carranza Torres is DENIED. The motion to strike the allegations of intentional conduct and the claim for intentional tort is DENIED. Leave to amend is denied (although Plaintiff may move to amend to add a claim for punitive damages should subsequent discovery reveal a basis for such claim). In this action, Plaintiff Morris Ghadishah alleges he was injured in a motor vehicle accident. The complaint alleges that Plaint...
2020.10.28 Motion for Summary Judgment, Adjudication 438
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.10.28
Excerpt: ... Angeles and sustained fatal injuries. Plaintiffs assert a claim for dangerous condition of public property against Defendant City of Los Angeles and a claim for premises liability against Defendants Walnut Villas HOA and Westcom Property Services, Inc. (collectively Defendants). The HOA owned the adjoining property and Westcom managed it. Walnut Villas and Westcom move for summary judgment. EVIDENCE A. Moving Defendants' Evidence NOTE: THE DEPOS...
2020.10.28 Motion for Summary Judgment 405
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.10.28
Excerpt: ...d, manufactured and constructed” “certain real property and premises” and that the property was in a “defective and dangerous condition.” The complaint identifies the defective and dangerous condition as “an unsafe slippery surface” that “caused Plaintiff to slip and fall and strike the ground,” causing injuries. Defendant moves for summary judgment, claiming that the primary assumption of the risk doctrine provides a complete d...
2020.10.27 Motion to Strike Punitive and Exemplary Damages 734
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.10.27
Excerpt: ... alleges that Terlecki was under the influence at the time of the accident, with a blood alcohol level “well over” the legal limit. Plaintiff seeks compensatory and punitive damages against Terlecki. Terlecki moves to strike the claim for punitive damages. To state a claim for punitive damages under Civil Code section 3294, a plaintiff must allege specific facts showing that the defendant has been guilty of malice, oppression or fraud. (Smith...
2020.10.22 Motion for Summary Judgment 152
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.10.22
Excerpt: ...Defendant Guillet's Motion for Attorney's Fees is DENIED as to the 1 st and 3 rd through 8 th causes of action based on CC §1717(b)(2) and DENIED as to the 2 nd cause of action for fraud for failure to show an enforceable contract exists that would allow for recovery of fees incurred in connection with that cause of action. I. Plaintiff's 1 st and 3 rd through 8 th causes of action were actions “on the contract” subject to Civil Code §1717....
2020.10.22 Demurrer 709
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.10.22
Excerpt: ...ll on broken and uneven roadway controlled and maintained by Defendant City of Los Angeles (“the City”). She alleges that the incident occurred at 434 E. 60th St., Los Angeles, CA 90007. She asserts a single claim for general negligence against the City. The City demurs on two grounds: (1) Plaintiff has not identified a statutory basis for liability; and (2) Plaintiff failed to comply with the claims presentation requirements in the Governmen...
2020.10.14 Motion for Summary Judgment 249
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.10.14
Excerpt: ...dent at issue here occurred on June 14, 2017 at around 6:00 p.m. Plaintiff fell in the parking lot, after tripping on uneven asphalt. Plaintiff marked where she fell on Exhibits 5, 6, 7, and 8 to her deposition. Exhibits 5, 6, 7 and 8 are attached. The photographs depict a concrete slab abutting asphalt that appears to be worn, with spalling, divots, jagged edges and cracks. The photographs are difficult to decipher. 3. Declaration of Roberto Guz...
2020.10.13 Motion for Summary Judgment 438
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.10.13
Excerpt: ...claims for negligence and premises liability. Defendant moves for summary judgment. EVIDENCE A. Defendant's Evidence 1. Soza Declaration On February 18, 2017, Mr. Soza was employed as a personal banker at the branch. On rainy days when the branch was open, caution signs would be affixed to the door. Exhibits 1 and 2 are photographs of the signs on the day in question; the photographs show signs in Spanish and English saying “caution, wet floor�...
2020.10.05 Motion for Summary Judgment 943
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.10.05
Excerpt: ...W. Palmer Avenue, Glendale, CA. Plaintiff asserts claims for negligence, premises liability, strict liability, and negligent infliction of emotional distress. The summons and complaint were served on a Salvador Bautista at 343 W. Palmer Avenue, Glendale CA. In the proof of service, the person who was served is described as a 35‐year‐old male. The complaint was answered by Salvador Bautista, Sr., who now moves for summary judgment. Plaintiff d...
2020.10.05 Motion for Summary Judgment 705
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.10.05
Excerpt: ... as a matter of law. EVIDENCE A. Defendant's Evidence In support of the motion, Defendant presents the following evidence: 1. Excerpts from Plaintiff's Deposition Plaintiff testified that on June 15, 2018 she was walking down the sidewalk when her shoe caught on the edge of an uplifted concrete sidewalk panel. The incident occurred at approximately 3 pm on a sunny day. Plaintiff contends that a shadow from a nearby tree obstructed her view of the...
2020.10.02 Motion to Strike 290
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.10.02
Excerpt: ...ive notice. In this action, Plaintiff alleges he was struck in face by a gate that had broken loose from its weld on Defendants' property. Plaintiff alleges that he was lawfully on the property; that defendants negligently owned, maintained, managed and operated the premises; that defendants willfully and maliciously failed to guard or warn against the dangerous condition; and that the acts of the defendants were the legal cause of Plaintiff's in...
2020.10.01 Motion to Tax Costs 661
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.10.01
Excerpt: ...ile and serve a memorandum of costs that included both the summary and worksheet. Plaintiff argues that the memorandum of costs was due on April 12, 2020. Defendant served a memorandum of costs on April 7, 2020 that included only the summary, and after Plaintiff informed Defendant that the worksheet was missing, on April 14, 2020 Defendant served an amended memorandum of cost that included a worksheet. Plaintiff claims that the service of the wor...
2020.09.30 Demurrer 565
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.09.30
Excerpt: ...f alleges that she slipped at fell on an unknown liquid substance outside of a restroom on the premises of Los Angeles World Airport, also known as Los Angeles International Airport, which is allegedly owned and operated by the City of Los Angeles. She asserts two causes of action: negligence and government liability under Government Code section 835. Defendant demurs to each claim. Under the Government Claims Act, “[a] public entity is not lia...
2020.09.29 Motion for Summary Adjudication 162
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.09.29
Excerpt: ...onzalez based on the undisputed material facts proffered. Code Civil Procedure § 437c(p)(2). The complaint in this action alleges that on 03/01/2018, Plaintiff Leonardo Gonzalez was working as a journeyman ironworker at a construction site for the purpose of installing rebar. Plaintiffs contend that Defendants failed to secure live electrical wire which flowed into the metal rebar pieces, causing Plaintiff to be electrocuted. Plaintiff Leonardo ...
2020.09.25 Motion to Strike Punitive Damages 845
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.09.25
Excerpt: ...nitive damages on page 6, paragraph 4. The Court denies the motion to strike to the extent it seeks to strike other portions of paragraph 14. The Plaintiff has 15 days from notice of this order to amend. This ruling is without prejudice to a future motion for leave to amend to add a claim of punitive damages should Plaintiff later discover facts that would justify a claim for punitive damages. ALLEGATIONS In the complaint, Plaintiffs Erik O. Sanc...
2020.09.25 Motion to Strike Punitive Damages 819
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.09.25
Excerpt: ...ENIES the motion to strike the remaining language. The Plaintiff has 15 days from notice of this order to amend. This ruling is without prejudice to a future motion for leave to amend to add a claim of punitive damages should Plaintiff later discover facts that would justify a claim for punitive damages. In the first amended complaint, Plaintiff Eva Poon alleges that she was injured in a car accident caused Defendant who was angrily texting with ...
2020.09.24 Motion to Quash Subpoenas, for Monetary Sanctions 455
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.09.24
Excerpt: ...elease of Information Unit, Kaiser Permanente/ Radiology, and Accurate Medical Services. The subpoenas seek all records related to the plaintiff without limitation. Plaintiff argues that the subpoenas should be limited to the body parts or medical conditions at issue in this litigation. Litigants have a right to constitutionally protected right to privacy in their medical records. (Davis v. Superior Court (1992) 7 Cal.App.4th 1008, 1014; Harris v...
2020.09.23 Motion for Summary Judgment 582
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.09.23
Excerpt: ...m oral surgery on Plaintiff at the offices of Mid‐ Wilshire Dentistry, which surgery Plaintiff contends was negligently performed, causing her injury. Plaintiff alleges that she received follow‐up care at Mid‐Wilshire Dentistry from an unnamed dentist in Dr. Laska's office, which follow up care Plaintiff also contends was negligent. Plaintiff alleges, among other things, that Dr. Laska and Mid Wilshire Dentistry are vicariously liable for D...
2020.09.18 Motion to Strike Punitive Damages 643
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.09.18
Excerpt: ... and her dogs were attacked by a dog allegedly owned by Defendants Adolpho Gonzales, Ruth Gonzales and Alez Gonzales. Plaintiff seeks compensatory and punitive damages. Defendants move to strike the punitive damages claim, claiming that the complaint does not allege facts sufficient to support a finding of malice, oppression or fraud pursuant to Civil Code section 3294. Plaintiff alleges that on April 13, 2019, her dogs were secured in her yard. ...
2020.09.17 Applications to File Under Seal, Petition for Approval of Minor's Compromise 951
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.09.17
Excerpt: ...n a glass display case fell on her foot; Bowie Myers alleges he witnessed the accident and suffered emotional distress as a result. Plaintiffs, through their guardian ad litem, have filed expedited petitions for approval of the minors' compromises, and seek leave to file the unredacted versions of the petitions under seal. Plaintiffs specifically seek to protect their ages, addresses, dates of birth and medical information. The Court intends to g...
2020.09.16 Motion to Compel Medical and Mental Exam, for Monetary Sanctions 058
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.09.16
Excerpt: ...counsel Julia Sklar in the amount of $2,670, jointly and severally, to reimburse Defendants for the cancellation fees that Defendants incurred when Plaintiff cancelled at the last minute after agreeing to appear. The Court declines to consider the request for additional relief sought by Defendant City of Los Angeles in the purported “joinder” in this motion. DISCUSSION Defendants John Bean Technologies Corporation and Tom Bradley Internationa...
2020.09.15 Motion to Strike 187
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.09.15
Excerpt: ... she slipped and fell on water that had allegedly leaked from a faulty pipe. Plaintiff alleges that Defendant had actual knowledge that the pipes in the apartment building were defective because Plaintiff had previously complained about them. Plaintiff further alleges that the failure to fix the pipes constituted malice, fraud or oppression. Plaintiff seeks compensatory and punitive damages. Defendant moves to strike the prayer for punitive damag...
2020.09.15 Motion for Summary Judgment 699
Location: Los Angeles
Judge: Escalante, Kristin S
Hearing Date: 2020.09.15
Excerpt: ...ges that she was injured because of a dangerous condition on the sidewalk at or near the southeast corner of Burton Way and Le Doux Road in the City of Los Angeles. Plaintiff alleges that the sidewalk at that location was controlled by Defendants City of Los Angeles, Caruso Property Management and 8500 Burton Way, LLC. Defendants have moved for summary judgment on the ground that the alleged defect was trivial as a matter of law. EVIDENCE On Apri...

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