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2024.01.05 Motion for Leave to Amend 628
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.01.05
Excerpt: ...y, in furtherance of justice, and on any terms as may be proper, allow a party¿to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.¿ The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment t...
2024.01.05 Motion for Judgment on the Pleadings 031
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.01.05
Excerpt: ...gal Standard A defendant may move for judgment on the pleadings where the court has no jurisdiction of the subject of the cause of action alleged in the complaint or the complaint does not state facts sufficient to constitute a cause of action against that defendant. (Code Civ. Proc., § 438 subd. (c)(1)(B).) A non-statutory motion for judgment on the pleadings may be made any time before or during trial. (Stoops v. Abbassi (2002) 100 Cal.App.4th...
2024.01.04 Motion to Compel Deposition 811
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.01.04
Excerpt: ...oration, a partnership, an association, or a governmental agency.”¿ (CCP § 2025.010.) “Personal service of a deposition subpoena obligates any resident of California to appear, testify and produce whatever documents or things are specified in the subpoena; and to appear in any proceedings to enforce discovery.” (CCP § 2020.220(c).) Where a deponent fails to appear or produce documents at a deposition, Code of Civil Procedure § 2025.450 ...
2024.01.02 Motion to Compel Deposition 108
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.01.02
Excerpt: ...e, a party to the action … without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically s...
2024.01.02 Motion for Terminating Sanctions 956
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.01.02
Excerpt: ...termine if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery.'" (Los Defensores, Inc. v. Gomez (2014) 223 Cal.App.4th 377, 390 (quoting Lang v. Hachman (2000) 77 Cal.App.4th 1225, 1246).) "Generally, '[a] decision to order terminating sanctions should not be made lightly. But where a violation is willful, preceded by a history of abuse, and the evidence shows t...
2023.12.29 Motions to Compel Responses, for Sanctions 480
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.12.29
Excerpt: ...r sanctions in connection with the motion to deem requests for admissions admitted is GRANTED in part. Plaintiff Christina Gutierrez is ordered to pay sanctions in the amount of $590, within 30 days of this order. Defendant is ordered to pay a filing fee of $60 within 20 days of this order. Moving party to give notice. Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propo...
2023.12.29 Motion to Consolidate 612
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.12.29
Excerpt: ...ceedings therein as may tend to avoid unnecessary costs or delay.” (Code Civ. Proc. § 1048, subd. (a).) The purpose of consolidation is to enhance trial court efficiency by avoiding unnecessary duplication of evidence and the danger of inconsistent adjudications. (See Todd-Stenberg v. Dalkon Shield Claimants Trust (1996) 48 Cal.App.4th 976, 978-979.) A Notice of Motion to consolidate cases must (1) include a list of all named parties in each c...
2023.12.29 Motion to Compel Depositiion 939
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.12.29
Excerpt: ... may obtain discovery … by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) Where a party objects to the deposition, the proper remedy is an objection under Code of Civil Procedure section 2025.410. If such an objection is made within three calendar days before the deposition date, the objecting party must make personal service of that objection. (Code Civ. Proc. 2025.410, subd. (b).) ...
2023.12.29 Motion for Leave to File Complaint 301
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.12.29
Excerpt: ... forth: “(b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought aga...
2023.12.28 Motion to Deem RFAs Admitted, for Sanctions 029
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.12.28
Excerpt: ...Defendant objects to Plaintiff's consolidated response, filed after Plaintiff filed an opposition under CCP section 1005(b). The objection is SUSTAINED. The Court will not consider the response as it is an improper sur reply. Legal Standard “If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (b) The requesting party may move for an order that the genuineness of any documents and t...
2023.12.27 Motion for Judgment on the Pleadings 611
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.12.27
Excerpt: ... March 22, 2023; (3) The August 24, 2023 Court order granting Defendant's Motion to Deem Requests for Admission Admitted and establishing that all matters specified in Defendant's Request for Admissions, Set One, are deemed admitted and true by Plaintiff; and (4) Defendant's Notice of Ruling re: Motion to Deem Admitted Requests for Admission, Set One filed on August 25, 2023. A court may take judicial notice of the “[r]ecords of (1) any court o...
2023.12.26 Demurrer 474
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.12.26
Excerpt: ...face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Proc., §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defend...
2023.12.26 Motion to Set Aside Default, Judgment 612
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.12.26
Excerpt: ...ted as “discretionary” and “mandatory”—from certain prior actions or proceedings in the trial court. (Luri v. Greenwald (2003) 107 Cal.App.4th 1119, 1124 (Luri).) The discretionary portion of section 473, subdivision (b) provides: “The court may, upon terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadv...
2023.12.26 Request for Default Judgment 794
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.12.26
Excerpt: ...rved one statement of damages together, putting Defendant on notice of $25,000 in general damages. Thus, their combined general damages cannot exceed $25,000. While the statement of damages contains language that says Plaintiffs seek general damages “in excess of $25,000,” Courts have held that a judgment is void if the damages awarded are more than the amount that is specifically stated in the statement of damages, i.e., here, $25,000. In an...
2023.12.26 Motion for Terminating Sanctions 956
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.12.26
Excerpt: ...ne if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery.'" (Los Defensores, Inc. v. Gomez (2014) 223 Cal.App.4th 377, 390 (quoting Lang v. Hachman (2000) 77 Cal.App.4th 1225, 1246).) "Generally, '[a] decision to order terminating sanctions should not be made lightly. But where a violation is willful, preceded by a history of abuse, and the evidence shows that l...
2023.12.21 Motion to Reopen Discovery, Compel IME 295
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.12.21
Excerpt: ...d Motion to Reopen Discovery Except as otherwise provided, “any¿party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for trial of the action.”¿ (Code Civ. Proc., § 2024.020(a).)¿ “[A]¿continuance¿or postponement of the trial date does not operate to reopen discovery proceedings”...
2023.12.21 Motion for Stay of Proceedings 424
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.12.21
Excerpt: ...e, arising out of an alleged bedbug bite incident at Defendant's premises. On October 24, 2023, Plaintiff filed this motion for a stay of proceedings. On December 8, 2023, Defendants filed an opposition. No reply has been filed. Legal Standard The court's power to stay proceedings derives from the court's power to control its own processes and orders to ensure orderly administration of justice. (Code Civ. Proc., § 128(a)(8); Bailey v. Fosca Oil ...
2023.12.14 Motion for Sanctions 458
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.12.14
Excerpt: ...ose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against that party, or the attorney for that party, or both, and in favor of any party attending in person or by attorney, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (CCP § 2025.430.) Discussion Plaintiffs served Defendant with a Notice of Deposition o...
2023.12.13 Motion to Set Aside or Vacate Dismissal 847
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.12.13
Excerpt: ...ey (2001) 92 Cal.App.4th 422, 425.) Entry of dismissal terminates the action against the dismissed defendants. (Id.) Further, the entry of dismissal of an entire action divests the trial court of jurisdiction to enter further orders in that action, except for the limited purpose of awarding costs and statutory attorney fees (Gogri v. Jack in the Box Inc. (2008) 166 Cal.App.4th 255, 261) or entertaining a motion to vacate on grounds of mistake, ex...
2023.12.13 Motion to Consolidate 782
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.12.13
Excerpt: ...ober 7, 2022, in case number 22STCV33087, Plaintiff Robert Ochoa filed a complaint against Defendants Victoria Gonzalez, and Louis Joseph Gonzalez, alleging causes of action for negligence, and negligence per se, arising out of a collision that occurred on December 10, 2021. On November 2, 2023, this Court found that these two actions are related. On October 26, 2023, Plaintiff Robert Ochoa filed the instant motion to consolidate. No opposition h...
2023.12.13 Motion for Judgment on the Pleadings 501
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.12.13
Excerpt: ... of action against that defendant. (Code Civ. Proc., § 438(b)(1), 438(c)(1)(B)(i) and 438(c)(1)(B)(ii).) “A motion for judgment on the pleadings may be made at any time either prior to the trial or at the trial itself. [Citation.]” (Ion Equipment Corp. v. Nelson (1980) 110 Cal.App.3d 868, 877.) “A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects disclosed on the face of t...
2023.11.30 Motion for Leave to Amend Complaint 854
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.11.30
Excerpt: ...ow in the place of Doe Defendant 1; (2) add additional cause of action for negligence per se under Government Code 815.6 against Defendant City of LA/LADWP based on new facts discovered through formal and informal discovery; and (3) add additional cause of action for negligence per se under Los Angeles Municipal Code Section 62.104, et seq. against Defendants City of LA/LADWP and Bruffy's Inc. dba Bruffy's Tow. Plaintiff has uncovered information...
2023.11.29 Motion to Compel Further Responses, to Deem RFAs Admitted 352
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.11.29
Excerpt: ...eem matters admitted in requests for admission are DENIED as moot. Defendants' request for sanctions is GRANTED in part. Plaintiff Erika Montano is ordered to pay sanctions in the amount of $435, within 20 days of this order, to Defendants. Defendants are ordered to pay $60 to the Court within five days. Moving party to give notice. Discussion As an initial matter, Defendants argue in the reply that Plaintiff's opposition is untimely and should b...
2023.11.17 Motion to Compel Deposition of PMQ 232
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.11.17
Excerpt: ...Sanctions are denied. Moving party to give notice. DISCUSSION Plaintiff moves to compel the deposition of Defendant Furley's Person Most Qualified and the Production of Documents. Plaintiff argues this case involves a battery case which occurred at Defendant's premises on February 2, 2021 due to Defendant's negligence in the security, maintenance, and operation of its place of business. Plaintiff sustained serious injuries as a result of the batt...
2023.11.15 Motion for Summary Judgment 759
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.11.15
Excerpt: .../8 inches and there were no other aggravating factors to establish that the area is substantially dangerous; and (2) Defendant had no actual or constructive notice of the sidewalk uplift. 1. Trivial Defect Doctrine Government Code section 835 states:¿“Except as provided by statute, a public entity is liable for injury caused by a dangerous condition of its property if the plaintiff establishes that the property was in a dangerous condition at ...
2023.11.13 Motion for Leave to Intervene 529
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.11.13
Excerpt: ... in this action as it could be exposed to direct liability pursuant to Insurance Code section 11580(b)(2). Under California law, an insurance carrier who is not a party to an action can intervene on behalf of its insured when the insurance carrier could be subject to a subsequent action under Insurance¿Code¿section¿11580.¿ (See¿Reliance Ins. Co. v. Superior Court¿(2000) 84 Cal.App.4th¿383, 386,¿(“An insurer's right to intervene in an ac...
2023.11.13 Motion to Continue Trial 811
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.11.13
Excerpt: ... has been scheduled for November 2, 2023. (Khachoyan Decl., ¶ 4.) Counsel testifies that the doctor's reports will be ready at the very start of December and will leave Defendants' with sufficient time (two months) to use those reports in their preparation for trial. (Id.) Plaintiff Bell's counsel testifies that Defendants' have ignored the Court's warning at the previous Motion to Continue hearing, when they were previously warned that if they ...
2023.11.13 Motion for Summary Judgment 864
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.11.13
Excerpt: ... per hour in 2009, which was when the subject incident occurred in Heskel v. City of San Diego (2014) 227 Cal.App.4th 313; and (2) The block on the southern side of Bay Street between the two sections of 6th Street in Santa Monica, California is slightly more than 100 feet long and is part of a residential district. Stop signs are present at both ends of the block to control traffic traveling in both directions. The court must consider all of the...
2023.11.07 Motion to Set Aside Dismissal 557
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.11.07
Excerpt: ...ounsel represented to the court that she could not locate the guardian ad litem. On April 14, 2023, Plaintiff filed this motion to set aside the dismissal. On May 11, 2023, Defendant filed an opposition. Plaintiff argues that due to inadvertence, mistake, and/or neglect of Plaintiff's former counsel Domingo, service of process was not effected, and the case was dismissed. First, it appears Plaintiff is only moving under the discretionary prong fo...
2023.11.06 Motion for Terminating Sanctions 424
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.11.06
Excerpt: ...d. Moving party to give notice. DISCUSSION Defendants move for terminating sanctions against Plaintiff, based on Plaintiff's failure to comply with the Court's Order of February 8, 2023, which ordered Plaintiff to appear for deposition. Plaintiff has been incarcerated in the California Rehabilitation Center in Norco, California since July 13, 2021. He is eligible for parole in 2026. (Carpenter Decl. ¶ 6, Exh. B.) On February 8, 2023, the Court g...
2023.11.06 Motion for Terminating Sanctions 113
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.11.06
Excerpt: ...ant is ordered to file a declaration 5 days before the continued hearing date informing the Court as to whether Plaintiff complied. Moving party to give notice. DISCUSSION On June 20, 2023, this Court granted Defendant's motions to compel Plaintiff to provide further responses to Special Interrogatories, Set One, and Form Interrogatories, Set One, ordered Plaintiff to respond in 20 days, and imposed sanctions against Plaintiff in the amount of $7...
2023.11.06 Motion for Leave to File Amended Answer 304
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.11.06
Excerpt: ... additional affirmative defenses to the Complaint. After the answer was filed, Defendants' Counsel learned of additional facts that led counsel to believe that Defendant Emily had viable defenses based on State Farm's prior acceptance of Plaintiff's settlement demand for Defendant's policy limits of $30,000, but did not move to amend the answer since there were pending settlement efforts. (Borgeson Decl., ¶ 5.) The parties agreed to mediate the ...
2023.11.03 Demurrer, Motion to Strike 753
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.11.03
Excerpt: ...ny factual support for an IIED claim. While it states that the conduct was outrageous, it fails to specify what conduct or incident, other than placing tape on V.S.'s hands. The complaint does not state how the tape was on V.S.'s hands or who placed it. Moreover, the Complaint does not contain sufficient facts to support liability under a theory of respondeat superior. Plaintiffs argue that the Complaint sufficiently alleges a cause of action for...
2023.10.30 Motion to Compel Mental Exam 948
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.10.30
Excerpt: ...tiff's complaint includes emotional distress and depression since the date of the accident in 2019. As indicated in her deposition, Plaintiff is making a claim for damage to her psychological or psychiatric condition. Thus, Intervenor moves under CCP § 2032.310 to have Plaintiff submit to a mental examination performed by Ari Kalechstein, Ph.D. This examination is to “assist counsel and the trier of fact in understanding the origin, nature, an...
2023.10.27 Motion for Summary Judgment 492
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.10.27
Excerpt: ...d to diagnose her with an ectopic pregnancy and discharged her without providing proper treatment. On March 9, 2022, Plaintiff filed a complaint against Defendants Payman Joseph, MD and Van Nuys Women's Care alleging (1) medical negligence and (2) negligence-failure to adequately screen medical staff. Defendants Payman Joseph, MD and Payman Joesph, MD (d/b/a Van Nuys Women's Care Medical Center) moves for summary judgment of Plaintiff's complaint...
2023.10.27 Motion for Summary Judgment 174
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.10.27
Excerpt: ... Complaint against Defendants Jonathan Shifren, M.D., Wave Plastic Surgery Center, Inc., The Doctor's Choice HHS, Good Samaritan Hospital, and Does 1 to 25 alleging causes of action for medical negligence, negligence, and loss of consortium. The Complaint alleges Defendants were negligent in Plaintiff Lidia West's care and treatment involving a plastic surgery liposuction and gluteal augmentation. Defendants' motion for summary judgment is based ...
2023.10.25 Motion for Leave to Depose Defendant in Prison 572
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.10.25
Excerpt: ...laintiff seeks to depose Defendant to inquire about the “speeds, names, streets, and any and all activities that led up to the violent crash that occurred on the date of the incident.” (Motion 5: 8-11.) Plaintiff argues that Defendant is the only person with knowledge of the incident. Defendant's prison sentence is not scheduled to end until 2036, and therefore, the only way to obtain his testimony is for the court to grant leave to do so. Th...
2023.10.19 Motion to Strike 156
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.10.19
Excerpt: ...general negligence do not rise to the type of allegations for punitive damages. Even gross negligence is insufficient for punitive damages; thus, Plaintiff's claim for negligence – that Defendants refused to repair a leaking sink – are not sufficient for punitive damages. Plaintiff argues that the SAC sufficiently allegations facts to support punitive damages. The pattern of conduct exhibited by Defendant would be “characterized as ‘despi...
2023.10.18 Motion to Set Aside Dismissal 021
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.10.18
Excerpt: ...rred on November 7, 2018. On December 10, 2020, the Court issued an order setting the Final Status Conference date of April 18. 2022; the Trial date of May 2, 2022; and an OSC re Dismissal pursuant to CCP 583.210. There is a certificate of mailing to the address on file for Plaintiff's attorney. On April 18, 2022, the Court issued a minute order concerning the Final Status Conference (“FSC”). The Court's minute order states that the matter wa...
2023.10.12 Motion for Leave to File Complaint 334
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.10.12
Excerpt: ...20 days of issuance of this order. Moving party is ordered to give notice. DISCUSSION According to the declaration of counsel for Equinox, Patric:ia Lee-Gulley ("Lee-Gulley"): (1) there has been an ongoing dispute with PLP over which party controlled the parking lot (Lee-Gulley Decl., '1 3); (2) while PLP claimed in the Fall of 2022 that Equinox was responsible for the parking lot at issue in this matter, upon receipt of the lease agreement from ...
2023.09.29 Motion for Leave to File Complaint 334
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.09.29
Excerpt: ...fendant's answer to the complaint.¿ (Code Civ. Proc. § 426.30, subd. (a); see also Crocker Nat. Bank v. Emerald (1990) 221 Cal.App.3d 852, 864.)¿ A related cause of action is “. . . a cause of action which arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint.”¿ (Code Civ. Proc. § 426.10, subd. (c).)¿ Leave must be granted to file a co...
2023.09.28 Motion for Protective Order 594
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.09.28
Excerpt: ...neuropsychology experts retained by Defendant and Plaintiff so that the exchange of these sensitive materials will be only done directly between the experts. Plaintiff asserts that pursuant to Randy's Trucking, Inc. v. Superior Court of Kern County (2023) 91 Cal.App.5th 818 (“Randy's Trucking”), Plaintiff's counsel is entitled to disclosure of the raw data from Plaintiff's mental examination and that Plaintiff is entitled to make an audio rec...
2023.09.26 Motion to Dismiss Action 314
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.09.26
Excerpt: ...t, which is more than three years after the action was commenced, making the action subject to mandatory dismissal pursuant to Code of Civil Procedure § 583.250. (Ayotte Decl. ¶ 3.) Further, Defendant asserts that none of the various exceptions or exemptions available under Code of Civil Procedure § 583.240 are applicable here as Plaintiff cannot claim that Defendant was not amenable to service, prosecution of the action was not stayed, nor th...
2023.09.26 Demurrer, Motion to Strike 219
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.09.26
Excerpt: ... Defendants' action and conduct following the collision was extreme and outrageous. (FAC ¶ 30.) The FAC states that the large force of the rear-end impact created by Defendant Escalante, and DOES 51 to 100's large box truck was transferred directly to Plaintiffs' vehicle and that it is reasonable and foreseeable for any person to realize that Plaintiffs were severely injured in this collision. Despite and while witnessing the damage caused by De...
2023.08.11 Motion to Compel Further Discovery Responses 505
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.08.11
Excerpt: ... to give notice. BACKGROUND This is a vehicular accident personal injury tort complaint (Complaint). Plaintiff Chan through counsel propounded a request for admission on February 2, 2023 (Mikaelian Decl ¶ 4) Defendant Mrazeck served responses on March 8, 2023. (Ibid. at ¶ 7) On March 10 th, Counsel for Chan mailed Counsel for Mrazeck a letter in an attempt to meet and confer. (Ibid. at ¶ 10) Then on March 15 th, Plaintiff's Counsel emailed and...
2023.08.08 Motion to Compel Further Responses 043
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.08.08
Excerpt: ...s also GRANTED in the amount of $5,460.00, payble by Tesla to Plaintiff within 30 day of the issuance of this order. Rationale: Plaintiff requests for an order compelling further responses to Request for Production of Documents (“RPD”), Set One, numbers 1-19, 24, 25, 27, 28, 35, and 36-52. Plaintiff also requests sanctions in the amount of $5,460.00. RPDs 1, 2, 3, 5, 6, 7, 19, 27, 28, 44, 46 seek insurance policies, cause of Plaintiff's injur...
2023.08.04 Motions to Quash Deposition Subpoena 859
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.08.04
Excerpt: ...of the issuance of this order. Moving party to give notice. Rationale: Plaintiff seeks discovery of all of Lowe's medical records from November 2, 2011 onward. However, as noted above, Lowe has a constitutionally protected right to privacy in his medical records, as well as a statutory privilege preventing disclosure of his confidential communications between himself, as a patient, and his physician. Further, Lowe has not waived his privacy right...
2023.08.03 Motion to Quash Deposition Subpoena 859
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.08.03
Excerpt: ...ce of the issuance of this order. Moving party to give notice. Rationale: Plaintiff seeks discovery of all of Lowe's medical records from November 2, 2011 onward. However, as noted above, Lowe has a constitutionally protected right to privacy in his medical records, as well as a statutory privilege preventing disclosure of his confidential communications between himself, as a patient, and his physician. Further, Lowe has not waived his privacy ri...
2023.08.01 Motion to Dismiss or Stay for Forum Non Conveniens 863
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.08.01
Excerpt: ...t to the declaration of Jonathan Hembree, the following objections are OVERRULED: 1, 2, 3, 4, 5. Discussion Defendants move to dismiss or stay this action on the grounds that California is an inconvenient forum. Plaintiff's Complaint alleges that he was injured on board a flight from Salt Lake City, Utah to Long Beach, California. (Compl., ¶10.) A cart was not secured and collided with Plaintiff's body during the landing. (Id.) The cart injured ...
2023.07.28 Motion to Strike 156
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2023.07.28
Excerpt: .... Additionally, the FAC fails to describe whether an officer, director, or managing agent authorized or ratified malicious conduct. Rather, the FAC alleges facts showing Able knew about the leakage in Plaintiff's apartment and ignored her complaints in order to save money. These facts do not name the officer, director, or managing agent who allegedly authorized the conduct, let alone any specific facts showing an offcer authorized an employee's c...

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