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2024.05.08 Motion to Compel Deposition 650
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.08
Excerpt: ...s market on North Western Avenue in San Pedro on October 11, 2019. On September 20, 2021, Edith Reynolds (“Plaintiff”) filed a complaint against SF Markets, LLC; Sprouts Farmers Market; Sprouts Farmers Market dba Sprouts; and Does 1 to 25, asserting causes of action for negligence and premises liability. On September 30, 2021, Plaintiff amended her complaint to name Sprouts Farmers Market, Inc. as Doe 1. (Plaintiff named additional defendants...
2024.05.07 Motion to Continue Trial 465
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.07
Excerpt: ...n Long Beach, California. On August 16, 2022, Plaintiff filed her complaint against Defendant and Does 1 through 100. On September 27, 2022, Defendant filed its answer. On August 16, 2022, Plaintiff filed her complaint against Defendant and Does 1 through 100. On September 27, 2022, Defendant filed its answer. On April 9, 2024, Defendant filed a motion to continue trial. No opposition has been filed. LEGAL STANDARD Code Civ. Proc. § 128(a)(8) pr...
2024.05.07 Motion to Compel Responses, to Deem RFAs Admitted 672
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.07
Excerpt: ...al Express and Does 1 through 25, asserting causes of action for emotional distress and intentional infliction of emotional distress arising from a verbal altercation occurring on June 14, 2022. On July 10, 2023, Plaintiff filed a question to dismiss UPS. On August 10, 2023, Plaintiff filed a First Amended Complaint asserting the same two causes of action and naming as defendants The UPS Store Catherine Dash Franchise Owner; Federal Express; Doe ...
2024.05.07 Motion to Compel Deposition 074
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.07
Excerpt: ...dants Camille D. Muepo, Zacharie Muepo, and Christina Muepo (“Defendants”), and Does 1 through 100, inclusive asserting causes of action for general negligence and motor vehi cle negligence. On January 7, 2022, Defendants filed their answer to the complaint. That same day, Defendants also served written discovery and deposition notices: the depositions of both Plaintiff was noticed for April 13, 2022. (Grandy Decls., ¶ 2 & Exhs. A.) Defendan...
2024.05.07 Motion for Terminating, Issue, Evidence, Monetary Sanctions 835
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.07
Excerpt: ...efendant Cedars -Sinai Medical Center (“CSMC”) and Does 1 through 50. CSMC filed its Answer to the Complaint on May 10, 2019. Plaintiff amended his complaint on June 23, 2021, to name Defendant ABM Building Solutions LLC as Doe 1 and Defendant ABM Global Facility Service as Doe 2. At the request of Plaintiff, those two entities were dismissed on April 27, 2022. Also on April 27, 2022, Plaintiff amended his complaint to name Defendant ABM Indu...
2024.05.07 Motion for Leave to Conduct Mental Exam 488
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.07
Excerpt: ...ising out of an automobile accident that occurred on October 14, 2021, at or near the intersection of Vermont Avenue and 43rd Street in Los Angeles. Lyft and Bah filed their answers on January 27 and May 1, 2023. On March 15, 2024, Lyft filed this motion for leave to conduct a mental examination of Plaintiff. Plaintiff filed an opposition and objection on April 3. Defendant filed a reply and response to the objection on April 9. The motion came o...
2024.05.07 Motion to Continue Trial 676
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.07
Excerpt: ...I, LLC, Alon Realty, LLC, WSS, City of Los Angeles, Hazel Pacheco Gonzalez, and Ana Cabrera Noriega for (1) negligence, (2) negligent infliction of emotional distress, (3) negligence, premise liability, and (4) negligent hiring , training, supervision, and retention causes of action arising out of injuries sustained from a roof collapsing on October 20, 2019. The First Amended Complaint was filed on April 8, 2022. On September 30, 2021, Eurostar,...
2024.05.03 Motion to Vacate Discovery Order 510
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.03
Excerpt: ...at a Home Depot store fell and hit him. On June 15, 2022, Plaintiff filed the Complaint in this action asserting a cause of action for negligence against Defendants Home Depot U.S.A., Inc. (“Defendant”) and Does 1 through 10. Defendant filed an answer on August 16, 2022. After some prior efforts, on October 13, 2023, Plaintiff noticed the deposition of the Defendant's person most qualified (“PMQ”) on 8 topics (some with sub -parts) and re...
2024.05.03 Motion to Quash 141
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.03
Excerpt: ...service on Sherman. According to the proof of service, Sherman's registered agent (Rijesh Desai) was served by registered mail, sent to an address on Riverside Drive in Los Angeles. On October 17, 2023, Sherman filed this motion to quash service of summons. No opposition has been filed. LEGAL STANDARD C.C.P. §415.10 provides the requirements of personal service of summons and the complaint as follows: “A summons may be served by personal deliv...
2024.05.03 Motion to Compel Responses 336
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.03
Excerpt: ...23, Defendants served written discovery on Plaintiff. (Lee Decls., ¶2.) On February 13, 2024, Defendants filed motions to compel Plaintiff's responses to Form Interrogatories and Demand for Production of Documents. No opposition has been filed. Legal Standard A party must respond to interrogatories within 30 days after service. (Code Civ. Proc., § 2030.260, subd.(a).) If a party to whom interrogatories are directed does not provide a timely res...
2024.05.03 Motion to Compel Deposition 571
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.03
Excerpt: ...Defendants filed a cross -complaint against Eddie Baker and Roes 1 through 10. Defendants filed a request for dismissal of the cross- complaint on January 8, 2024. As it relates to the matter set for hearing on May 3, Defendants noticed the deposition of Plaintiff Eddie Baker for March 8, 2024. (Gonzalez Decl., ¶ 4 & Exh. D.) Plaintiff did not serve any objection. ( Id. , ¶ 4.) Plaintiff did not appear for the noticed deposition. (Id. , ¶ 7 & ...
2024.05.03 Motion for Terminating Sanctions 629
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.05.03
Excerpt: ...ant”), and Does 1 through 10. Defendant filed an Answer on March 22, 2023. On March 11, 2024, Defendant filed this motion for terminating sanctions. No opposition has been filed. Legal Standard When a party fails to obey a court order compelling further responses to interrogatories or requests for production, “the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating s...
2024.04.30 Motion for Summary Judgment 420
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.30
Excerpt: ...otion of Defendant Mercy Eye Care Medical, Inc., is continued for approximately 14 days. The Court continues the trial date, on its own motion, for good cause, for approximately 30 days. Background On November 17, 2021, Plaintiff Norma Berry (“Plaintiff”) filed the Complaint in this action against Defendants Mercy Eye Care Medical, Inc. (“Mercy”), Miguel Unzueta, M.D. (“Unzueta”), Sandeep Khanna, M.D. (“Khanna”), and Does 1 throug...
2024.04.30 Motion for Leave to Conduct Additional Physical Exam 488
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.30
Excerpt: ... vehicle negligence arising out of an automobile accident that occurred on October 14, 2021, at or near the intersection of Vermont Avenue and 43rd Street in Los Angeles. Lyft and Bah filed their answers on January 27 and May 1, 2023. On March 15, 2024, Lyft filed this motion for leave to conduct a medical examination of Plaintiff. Lyft filed a declaration of Joshua Prager, M.D., M.S., in support of the motion on April 5. Plaintiff filed an oppos...
2024.04.30 Motion to Serve by Publication 463
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.30
Excerpt: ...gainst Albert Gregory Pinto (“Defendant”) and Does 1 through 25. On August 21, 2023, Plaintiff filed this motion to serve by publication or posting. The hearing has been continued several times. Legal Standard Where no law exists for the service of summons in a particular action, the court may direct that summons be served in a manner which is reasonably calculated to give actual notice to the party to be served and that proof of such service...
2024.04.30 Motion for Summary Judgment 795
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.30
Excerpt: ...and Negligent Hiring, Training, Supervision and/or Retention as to the Hospital Defendants, arising from failure to remove a piece of glass from Plaintiff's hand when she came in for an emergency treat ment on July 31, 2021. On November 8, 2022, Defendant Gill filed an answer to the complaint. On June 7, 2023, Plaintiff filed a request to dismiss the Hospital Defendants. Defendant Fuentes has not answered or otherwise appeared. On February 13, 20...
2024.04.30 Motion to Continue Trial 972
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.30
Excerpt: ...opposition on April 17, 2024. Defendant filed a reply on April 23, 2024. Legal Standard Code Civ. Proc. § 128(a)(8) provides that the court has the power to amend and control its process and orders so as to make them conform to law and justice. “The power to determine when a continuance should be granted is within the discretion of the trial court.” (Color -Vue, Inc. v. Abrams (1996) 44 Cal.App.4th 1599, 1603.) “A trial court has wide lati...
2024.04.29 Motion to Deem RFAs Admitted 139
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.29
Excerpt: ...on November 10, 2021. According to the Complaint, Plaintiffs Amnon Mizrahi and Susan Mizrahi (collectively, “Plaintiffs”) were injured when they were struck by their improperly secured vehicle after it rol led off a flat bed tow truck. (Complaint, ¶¶ 10 -23.) On September 25, 2023, Plaintiffs filed the Complaint in this action against Carmel Towing & Transport, Inc.; Bert's Garage, Inc.; Automobile Club of Southern California (“AAA”), a...
2024.04.29 Motion to Continue Trial 928
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.29
Excerpt: ... has been filed. Legal Standard Code Civ. Proc. § 128(a)(8) provides that the court has the power to amend and control its process and orders so as to make them conform to law and justice. “The power to determine when a continuance should be granted is within the discretion of the trial court.” (Color -Vue, Inc. v. Abrams (1996) 44 Cal.App.4th 1599, 1603.) “A trial court has wide latitude in the matter of calendar control including the gra...
2024.04.29 Motion to Continue Trial 291
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.29
Excerpt: ...led their answer on March 17, 2023. On April 24, 2023, a stipulation was filed setting aside the default against Defendants. On April 4, 2024, Defendants filed this motion to continue trial. Defendants filed a supplemental declaration in support of their motion on April 23. No opposition has been filed. Legal Standard Code Civ. Proc. § 128(a)(8) provides that the court has the power to amend and control its process and orders so as to make them ...
2024.04.29 Motion to Compel Deposition 600
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.29
Excerpt: ...bility against Defendants Conair Corporation, Waring Commercial, and Does 1 through 20. On August 31, 2021, Norguard Insurance Company (“Norguard”) filed a complaint in intervention against Conair Corporation, Waring Commercial, and Does 1 through 20, alleging that the accident occurred during the course of Plaintiff's employment and that Norguard made workers compensation payments to Plaintiff as a result of the accident. Conair Corporation ...
2024.04.25 Motion to Strike 697
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.25
Excerpt: ...Mariposa Avenue in Los Angeles. On March 14, 2024, the Court granted, with leave to amend, Defendant's motion to strike Plaintiff's prayer for punitive damages. On March 19, 2024, Plaintiff filed the First Amended Complaint (“FAC”). Plaintiff again seeks punitive damages. On March 27, 2024, Defendant filed this motion to strike the prayer for punitive damages in the FAC. Plaintiff filed an opposition on April 9, and Defendant filed a reply on...
2024.04.25 Motion to Deem RFAs Admitted 139
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.25
Excerpt: ... after it rol led off a flat bed tow truck. (Complaint, ¶¶ 10 -23.) On September 25, 2023, Plaintiffs filed the Complaint in this action against Carmel Towing & Transport, Inc.; Bert's Garage, Inc.; Automobile Club of Southern California (“AAA”), and Does 1 through 25. Plaintiffs assert causes of actions for premises liab ility; negligence; vicarious liability; and loss of consortium. AAA filed its Answer to the Complaint on October 17, 202...
2024.04.24 Motion for Leave to File Complaint 357
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.24
Excerpt: ...e 3, 2019, Defendant filed an answer. On March 21, 2024, Defendant filed a motion for leave to file a cross-complaint. Plaintiff filed an opposition on April 3, and Defendant filed a reply on April 17. Legal Standard The Code of Civil Procedure distinguishes between compulsory and permissive cross - complaints. A compulsory cross -complaint, under Code of Civil Procedure section 426.30, is one that asserts (1) a “related cause of action”; (2)...
2024.04.23 Motion to Compel Responses 847
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.23
Excerpt: ...ear the Adams Exit on the 101 North Freeway in Los Angeles. In Case No. 21STCV23847 (the “Marinero Action”), Plaintiffs Luis Felix Marinero, Ana Rodriguez, and Nathaly Rodriguez filed a complaint on June 28, 2021, asserting causes of action for negligence and negligence per se against Defendant Angelica Bianca Diaz (“Diaz”) and Does 1 through 25. Diaz filed her answer on August 20, 2021. In Case No. 21STCV24492 (the “Smith Action”), P...

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