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2020.08.03 Motion to Compel Responses, for Monetary Sanctions 498
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.08.03
Excerpt: ...�) and Andres Rodriguez (“Mr. Rodriguez”) (collectively, “Plaintiffs”) filed this action against Defendant Jennifer L. Issa (“Defendant”) relating to a July 13, 2016 vehicle accident. On December 6, 2019, Defendant served Set One of Form Interrogatories, Special Interrogatories, and Requests for Admission on Ms. Rodriguez. Defendant also served Set One of Form Interrogatories, Special Interrogatories, Request for Production and Inspec...
2020.07.31 Motion to Quash or Modify Subpoena, Request for Sanctions 095
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.31
Excerpt: ...rising from a February 5, 2019 motor vehicle accident. Plaintiff does not claim past loss of earnings but claims future loss of earnings due to the need to undergo surgery. Defendant propounded two subpoenas on Plaintiff's employers seeking Plaintiff's personnel file (“Subpoenas”). Plaintiff moves the Court for an order quashing the Subpoenas and limiting the production of records to Plaintiff's history of earnings (i.e., salary and payroll r...
2020.07.30 Motion for Summary Judgment 785
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.30
Excerpt: ...TION On September 7, 2018, plaintiff Steven Gulserian filed this medical malpractice action against defendant UHS Corona, Inc. dba Corona Regional Medical Center (“Defendant”) relating to treatment his wife (“Decedent”) received on November 1, 2017, resulting in her death. Defendant moves for summary judgment on the grounds that it complied with the applicable standard of care in rendering professional services to Decedent. II.FACTUAL BAC...
2020.07.29 Motion for Summary Judgment 724
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.29
Excerpt: ...r vehicle accident. The Complaint alleges Carlos Gutierrez (“Gutierrez”) operated the motor vehicle at the time it struck Plaintiff in his vehicle. On August 14, 2019, Plaintiff named Patrick Gutierrez (“Defendant”) as Doe 1. Defendant moves for summary adjudication of Plaintiff's claim for personal injuries and damages as time-barred. II.FACTUAL BACKGROUND This action arises from a motor vehicle accident that occurred on June 29, 2017. (...
2020.07.29 Demurrer 944
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.29
Excerpt: ...ffs Keith and Kathleen Carter (collectively, “Plaintiffs”) filed this action against Vardan Tokmajyan (“Tokmajyan”), USA Tobacco & Vape Shop, Inc. (“USA Tobacco”), and TRIPLEJS Jade Vermont (“Defendant”). Plaintiffs allege their grandson Jai Malik Carter (“Decedent”) was killed by USA Tobacco's employee, Tokmajyan on May 10, 2018. Tokmajyan allegedly locked Decedent in USA Tobacco's shop and fatally stabbed Decedent. Defendant...
2020.07.28 Demurrer 704
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.28
Excerpt: ...fornia, the City of Los Angeles, the County of Los Angeles, and the City of Santa Clarita arising from a December 19, 2018 incident in which a Los Angeles Police Department vehicle drove past Plaintiff, causing a foreign object to strike her vehicle. Plaintiff alleges four causes of action: motor vehicle, general negligence, premises liability, and general negligence. The City of Los Angeles (“Defendant”) demurs to the first cause of action f...
2020.07.27 Motion for Summary Judgment 336
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.27
Excerpt: ...dants Avis Budget Group, Inc. (erroneously sued as “P.V. Holding Corporation”) (“Defendant”) for motor vehicle, general negligence, and negligence per se relating to an April 5, 2017 automobile accident. Defendant moves for summary judgment on grounds this action against it is barred by the Graves Amendment, there was no negligent entrustment, and no vicarious liability. II.FACTUAL BACKGROUND Plaintiff alleged three causes of action arisi...
2020.07.24 Motion for Summary Judgment 280
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.24
Excerpt: ...University of California (erroneously sued as “Jules Stein Eye Institute”), Janet Lee, M.D. (“Dr. Lee”) and Joseph Caprioli, M.D. (“Dr. Caprioli”) (collectively, “Defendants”) for medical malpractice arising from treatment rendered November 2, 2017. Plaintiff alleges Defendants allowed a hot visualizing instrument in the form of an indirect ophthalmoscope to come in contact with his cornea, causing a burn which damaged Plaintiff's...
2020.07.24 Motion for Summary Judgment 025
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.24
Excerpt: ...intiff alleges negligence and strict liability against Defendant, claiming that the dog that attacked him was owned, controlled, and harbored by Defendant. Defendants moves for summary judgment on the grounds that Defendant did not breach any duty because Defendant did not own the dog that allegedly attacked plaintiff and Defendant was not aware of the dog on the premises until after the accident. Defendant also argues it did not have prior, actu...
2020.07.24 Motion for Protective Order Re Depositions 254
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.24
Excerpt: ...ion against the Roman Catholic Archbishop of Los Angeles and Bishop Mora Salesian High School. The operative First Amended Complaint was filed on July 30, 2019. Defendants move to establish the sequence and timing of the depositions of Plaintiff's brother, Sean Aguilar (“Aguilar”), and Plaintiff's mother, Fatima Anda (“Anda”). Defendants also seek monetary sanctions against plaintiff and/or his counsel of record. Defendants accuse Plainti...
2020.07.23 Motion for Determination of Good Faith Settlement 878
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.23
Excerpt: ...GOOD FAITH SETTLEMENT Dept. 27 1:30 p.m. July 23, 2020 On July 20, 2018, plaintiff Malena Magallanes filed this action against defendants Bubba Gump Shrimp Co. Restaurants, Inc. (“Bubba Gump Shrimp Co.”), Joseph Briones-Cummings, (“Briones-Cummings”), Robert Hastings, and Zachary Hasting. Plaintiff alleges that on July 23, 2016, she fell while at Bubba Gump Shrimp Co.'s restaurant. Then, on August 19, 2016, Plaintiff was involved in a thr...
2020.07.22 Motion to Quash Service of Summons 748
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.22
Excerpt: ...t defendant Adidas America, Inc. (“Defendant”) for negligence and premises liability arising from an incident where a mannequin fell on her while she was in one of Defendant's stores. On June 27, 2019, Defendant subsequently filed a cross-complaint against VerTex GmbH Vertriebsgesellschaft für Textil-Einrichtungsbedarf (“VerTex”) for indemnity because VerTex is allegedly the manufacturer of the mannequin. VerTex first filed this Motion t...
2020.07.21 Motion for Summary Judgment 810
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.21
Excerpt: .... (“Redline”). In Plaintiff's operative Third Amended Complaint, she asserts two causes of action for negligence and negligent hiring against Redline, M&N Financing Corporation (“MNFC”), and Jeremy Page (“Page”). Plaintiff alleges that on November 27, 2017, she received a call from Redline stating that her vehicle was going to be repossessed. When she arrived at her car, she alleges an employee of Redline (who was retained, hired and ...
2020.07.17 Motion to Compel Deposition 505
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.17
Excerpt: ...Bosco Technical Institute (erroneously sued as Don Bosco Technical School) for injuries sustained on January 8, 2015 in a cheerleading performance. Defendant noticed Plaintiff's deposition on December 11, 2019 and scheduled it on January 23, 2020. On December 26, 2019, Plaintiff's counsel requested to reschedule it to January 24, 2020 based on his unavailability. On January 21, Plaintiff's counsel objected to the notice of deposition via e-mail b...
2020.07.16 Motion for Summary Judgment 903
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.16
Excerpt: ... malpractice action against defendant Alfred Rahban, M.D. (“Defendant”), Beham Kashanchi, M.D., and Cedars Sinai Medical Center relating to treatment received on or around September 23, 2017. Plaintiff alleges Defendant failed to diagnose her with endometrial cancer which necessitated the removal of her uterus in April 2018. Defendant moves for summary judgment, or in the alternative, summary adjudication, on the grounds that Defendant did no...
2020.07.16 Motion for Summary Judgment 427
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.16
Excerpt: ...Defendant”) for dangerous condition of public property relating to injuries she sustained when her foot rolled on uneven asphalt when stepping off a curb. Plaintiff alleged in her complaint that Defendant negligently and carelessly owned, managed, operated, controlled, inspected, maintained, cleaned, repaired, guarded, supervised, and/or secured the sidewalk/walkway near her mother's house. (Complaint, ¶¶ 12.) Defendant moves for summary judg...
2020.07.15 Motion for Summary Judgment 028
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.15
Excerpt: ...”), Walmart Inc., and Silvia Moreno (“Moreno”) for injuries sustained when a milk carton fell on her head. Plaintiff was shopping at Defendant's store when a box of two milk cartons fell from the shelf and struck Plaintiff in the back of the head. Defendant moves for summary judgment, or in the alternative, adjudication, on Plaintiff's claims for negligence and premises liability. II.FACTUAL BACKGROUND Plaintiff alleges that on November 16,...
2020.07.15 Demurrer, Motion to Strike 321
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.15
Excerpt: ... 27 1:30 p.m. Jul y 15, 2020 I.INTRODUCTION On September 4, 2019, plaintiffs Kim Bubbs (“Bubbs”) and Aaron Toledo (“Toledo”), individually, and on behalf of their minor children Sarah and Claire Toledo (collectively the “Minors”), filed this action against PLH Construction (“PLH”) arising from an August 15, 2019 automobile collision. On October 21, Plaintiffs added Brent Michael Morrow (“Morrow”) as Doe 21. On October 22, Plai...
2020.07.14 Motion for Summary Judgment 090
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.14
Excerpt: ...ovember 17, 2017 fall. Plaintiff alleges Defendant “negligently cause [sic] conditions which resulted in [him] falling and suffering injuries and damages.” (Compl., Prem.L-1.) Defendant moves for summary judgment on Plaintiff's sole claim for premises liability on the grounds that there are no triable issues of material fact. II.FACTUAL BACKGROUND Plaintiff was deposed January 14, 2020. (Defendant's Undisputed Material Fact (“UMF”) No. 1....
2020.07.14 Demurrer, Motion for Terminating Sanctions 145
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.14
Excerpt: ...("Defendant") for injuries sustained while riding a bus on May 4, 2018. Plaintiff's original complaint included causes of action for motor vehicle and premises liability. On September 17, 2019, Plaintiff filed a First Amended Complaint ("FAC") listing causes of action for intentional tort, premises liability, negligent operator, and dangerous design. Plaintiff alleges the doors of a bus operated by Defendant injured his shoulder. On November 19, ...
2020.07.13 Demurrer 839
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.13
Excerpt: ...arkets (Defendant) and Pepsi-Cola Sales and Distributions for premises liability arising from a December 27, 2018 slip and fall. Defendant filed an answer on January 29, 2020. Plaintiff demurs to the Answer arguing that there are no factual allegations supporting its fifteen affirmative defenses. Answers to the Complaint A verified complaint must be denied positively or according to information and belief. A general denial is effective to controv...
2020.07.10 Motion for Summary Judgment 891
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.10
Excerpt: ...gainst defendant Ali Hossein Zadeh, D.D.S. (“Defendant”) and Brighton Periodontal & Implant Dental Group. Defendant moves for summary judgment on the grounds that he complied with the standard of care, there is no causal relationship between the allegedly negligent act and the injuries claimed, and Defendant did not injure Plaintiff. II.FACTUAL BACKGROUND Plaintiff was a patient of Defendant from 2009 to 2017. (Defendant's Undisputed Material...
2020.07.08 Motion for Protective Order, Request for Monetary Sanctions 489
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.08
Excerpt: ...eh (“Mr. E”) and Rochelle Esmailzadeh (“Mrs. E”) (collectively, “Plaintiffs”) filed this action against defendant Eli Broad (“Defendant”) arising from a pedestrian v. motor vehicle accident. Plaintiffs seek a protective order that: (1) finds the number of special interrogatories propounded by Defendant to be excessive; (2) excuses Mr. E from responding to Defendant's Special Interrogatories (Set Two); (3) excuses Mrs. E each plain...
2020.07.06 Petition for Leave to File Late Government Claim 609
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.06
Excerpt: ...ES, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) CASE NO: BC647398 [TENTATIVE] ORDER RE: PETITION FOR LEAVE TO FILE LATE GOVERNMENT CLAIM Dept. 27 8:30 a.m. July 6, 2020 Introduction and Factual Background Plaintiff Nakia Rousie alleges that on April 3, 2019, he was being transported by Austin Jordan (“Jordan”) in a vehicle owned and operated by the County of Los Angeles (“County”) (collectively, “Defendants”). While being transported, J...
2020.07.06 Demurrer, Motion to Strike 407
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.07.06
Excerpt: ...al., Defendants. ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 20STCV04407 [TENTATIVE] ORDER RE: DEFENDANTS' DEMURRER TO FIRST AMENDED COMPLAINT; MOTION TO STRIKE Dept. 27 1:30 p.m. July 6, 2020 I.INTRODUCTION On February 3, 2020, plaintiff Marquis Robinson filed this action against defendants BMFit, Inc. dba Zoo Culture ( “Zoo Culture”) and Bradley Martin (“Martin”) (collectively, “Defendants”). On February 7, 2020, Plaintiff filed the operative F...

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