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2023.09.25 Motion to Compel Further Responses 658
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.09.25
Excerpt: ...��), and that he sustained injuries as a result. Plaintiff filed a Complaint on May 11, 2021, asserting one cause of action for motor vehicle negligence against Defendant and Does 1 through 10. Defendant filed her answer on May 12, 2022. As is relevant to this motion, on the same day that Defendant filed her answer, she propounded Form Interrogatories (Set One) on Plaintiff. (Garibyan Decl., ¶ 3 & Exh. A.) Plaintiff served responses on April 12,...
2023.09.25 Motion for Leave to Take Subsequent Deposition 761
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.09.25
Excerpt: ...ivision (a), for good cause shown, the court may grant leave to take a subsequent deposition, and the parties, with the consent of any deponent who is not a party, may stipulate that a subsequent deposition be taken. (Code Civ. Proc. 2025.610(b).) A party makes a showing of good cause for discovery where such party shows the relevance of the information sought but also that the discovery is material to the issues in the case. (Associated Brewers ...
2023.09.21 Motion to Compel Responses, for Monetary Sanctions 307
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.09.21
Excerpt: ...ons to compel initial responses to Form Interrogatories (Set One), Special Interrogatories (Set One), and Requests for Production (Set One). Defendant also requests monetary sanctions. 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 response, the propounding party ma...
2023.09.20 Motions to Compel Responses, for Sanctions 256
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.09.20
Excerpt: ...e of Defendant Paul Nichole Lawry (“Defendant”) and/or Does 1 through 50. Defendant served Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Production (Set One) on Plaintiff on September 14, 2022. (Weissman Decls., ¶ 2 & Exh. A.). Plaintiff has never served responses. (Id., ¶¶ 5-6.) Current before the Court are three discovery motions filed by Defendant on July 19, 2023: (1) Motion to Compel Responses to F...
2023.09.20 Motion to Compel Responses, for Monetary Sanctions 415
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.09.20
Excerpt: ...nt, resulting in injuries to Plaintiff. In the Complaint, filed on June 22, 2022, Plaintiff asserts causes of action for motor vehicle negligence and general negligence against Heredia and Does 1 through 50. On July 15, 2022, Plaintiff amended the Complaint to name Red 1 Express Inc. as Doe 1. On January 26, 2023, Defendants Heredia and Red 1 Express Inc. (collectively, “Defendants”) filed their answer. Currently before the Court is Defendant...
2023.09.20 Motion for Determination of Good Faith Settlement 584
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.09.20
Excerpt: ...ode of Civil Procedure section 877.6, subdivision (c). Background On January 7, 2021, Plaintiff Rosenda Ramirez Clark initiated this wrongful death action against Defendants City of Redondo Beach (“City”), Rudolfo Garcia Muro (“Muro”), Magdalena Garcia (“Garcia”), Maderos Cocina Mexicana Restaurant (“Restaurant”), Adriatica International Inc. (“Adriatica”), Jesus Manuel Gonzalez Cornejo (“Cornejo”), Martha Coronel and Sant...
2023.09.15 Motion to Continue Trial 539
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.09.15
Excerpt: ...Angeles brought a subrogation claim lawsuit on April 22, 2022, against Defendants City Terrace Service, Inc., Mohammad Amine Rahmani (collectively “Defendants”), and Does 1 through 10, asserting causes of action for general negligence and breach of contract. Defendants answered on June 30, 2022. On October 14, 2022, plaintiff amended the complaint to correct the identification of Defendant Rahmani. On June 7, 2022, Plaintiffs Joel S. and Tere...
2023.09.15 Motion for Leave to File Complaint 337
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.09.15
Excerpt: ... motion was vacated). The matter has been set for trial several times. The parties filed extensive trial documents for the trial date of October 21, 2022, but at the Final Status Conference on October 7 the trial was continued to February 14, 2023. On motion of Plaintiff, trial was continued again to the current date of October 9, 2023. On August 8, 2023, Defendant Costco Wholesale Corporation (“Defendant” or “Costco”) filed this motion f...
2023.09.14 Motion to Compel Responses, for Sanctions 727
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.09.14
Excerpt: ... Plaintiff to serve verified responses to Defendant's Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Production of Documents (Set One). No opposition has been filed. Legal Standard A responding party has 30 days after service of interrogatories and an inspection demand to serve their responses on the propounding party and/or party making the demand. (Code of Civ. Proc., §§ 2030.260(a), 2031.260(a).) However, ...
2023.09.14 Motion for Good Faith Settlement Determination 244
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.09.14
Excerpt: ...onal distress; and negligent infliction of emotional distress. The complaint alleges that Plaintiff sustained personal injuries as a result of an incident in which Mr. Pepi, an employee of American Airlines, grabbed and struck Plaintiff at a Transportation Security Administration (“TSA”) security checkpoint in the Los Angeles International Airport. At the time of the incident, Mr. Pepi was wearing an American Airlines uniform but he had not y...
2023.09.14 Motion for Evidentiary Sanctions, Monetary Sanctions, Other Sanctions 991
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.09.14
Excerpt: ...r vehicle and (2) general negligence, stemming from vehicle collision that occurred on January 29, 2019. Defendant filed his answer on May 9, 2022. On the same day, Defendant served Plaintiff with Form Interrogatories (Set One) and Request for Production (Set One). On September 27, 2022, the Court granted the motion of Plaintiff's counsel to be relieved. Plaintiff has been self-represented since then. On October 17, 2022, Defendant served Plainti...
2023.09.13 Motion to Compel Responses, Medical Exam, for Monetary Sanctions 074
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.09.13
Excerpt: ...n of La Cienega Boulevard and Wilshire Boulevard in Beverly Hills, California. On July 2, 2020, Plaintiffs Sion Goel and Shokouh Adamous (“Plaintiff”) sued Defendants Camille D. Muepo, Zacharie Muepo, and Christina Muepo (“Defendants”), and Does 1 through 100, inclusive asserting causes of action for general negligence and motor vehicle negligence. On January 7, 2022, Defendants filed their answer to the complaint. That same day, Defendan...
2023.09.13 Motion for Summary Judgment, Adjudication 698
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.09.13
Excerpt: ...ue No. 1] casue of action as well as the request for punitive damages [Issue No. 2] in the FAC. Defendants also move for summary adjudication of a cause of action asserted in their own cross-complaint, the 8 th (declaratory relief) cause of action against Cross- Defendant Workforce Enterprises WFE, Inc. (“WFE”). (Notice of Motion, pg. 1.) Background On July 6, 2021, Plaintiff filed this action and on July 28, 2021, Plaintiff filed his first a...
2023.09.12 Motions to Compel Responses, Medical Exam 074
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.09.12
Excerpt: ...n of La Cienega Boulevard and Wilshire Boulevard in Beverly Hills, California. On July 2, 2020, Plaintiffs Sion Goel (“Plaintiff”) and Shokouh Adamous sued Defendants Camille D. Muepo, Zacharie Muepo, and Christina Muepo (“Defendants”), and Does 1 through 100, inclusive asserting causes of action for general negligence and motor vehicle negligence. On January 7, 2022, Defendants filed their answer to the complaint. That same day, Defendan...
2023.09.12 Motion for Summary Judgment 975
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.09.12
Excerpt: .... Plaintiffs Katty Yasharal, Minoo Yasharal, Ashley Soomekh and Aaron Soomekh were involved in the July 13, 2018 accident. On January 28, 2021, Plaintiffs voluntarily dismissed Defendants Darron Maxtion, Anthony Saleh, Freebrandz Tourgin, LLC and Emagen Entertainment Group. On June 6, 2023, Defendants Avis Rent A Car Systems, LLC and PV Holding Corp. filed the instant motion for summary judgment. No oppositions were filed to the motion. On August...
2023.09.06 Motion to Strike 271
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.09.06
Excerpt: ...h Plaintiff was injured. The complaint includes a request for punitive damages. On July 5, 2023, Defendant filed a motion to strike the request for punitive damages and other portions of the Complaint. Plaintiff did not file an opposition. On August 4, 2023, this Court continued the hearing on the motion to strike to allow Defendant to file a declaration from counsel demonstrating compliance with the meet-and-confer requirement of Code of Civil P...
2023.09.06 Motion to Continue Trial 740
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.09.06
Excerpt: ...ness because of death, illness, or other excusable circumstances; (2) The unavailability of a party because of death, illness, or other excusable circumstances; (3) The unavailability of trial counsel because of death, illness, or other excusable circumstances; (4) The substitution of trial counsel, but only where there is an affirmative showing that the substitution is required in the interests of justice; (5) The addition of a new party if: (A)...
2023.09.06 Motion to Compel Physical Exam 378
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.09.06
Excerpt: ... the motion to continue trial. Background This case arises out of an automobile accident that allegedly occurred on February 18, 2019, in Santa Clarita, California. Plaintiffs Jason and Anne Duplantis (“Plaintiffs”), filed this action on January 28, 2021, alleging causes of action for negligence and loss of consortium against Defendants Jerry and Yolanda Byrne (“Defendants”) and Does 1 through 50. Defendants filed their answer on April 6,...
2023.08.31 Motion to Transfer and Consolidate Noncomplex Cases 974
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.31
Excerpt: ...Pena (“Pena”); and Does 1 through 50. Gomez alleged that he, G&G, and Jaguar all reside in Los Angeles County and that Pena resides in Riverside County. The Court will refer to this action as the “Gomez Action.” On September 7, 2022, Gomez filed a First Amended Complaint (the “FAC”) against the same defendants except for Jaguar, which was omitted. In the FAC, Gomez alleges that he is a resident of Los Angeles County, that Pena is a re...
2023.08.31 Motion to Enforce Settlement Agreement 451
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.31
Excerpt: ...dants 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. In April 2020, Defendants Quin Hui Cham and Phuc Cham (“Defendants”) settled with Plaintiff for $1,500. (Wang Decl., Exh. A.) Plaintiff deposited the settlement check in August 2020. (Id., Exh. B.) On December 18, 2020, the Court denied the Application for Det...
2023.08.31 Motion to Compel Deposition Subpoena 516
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.31
Excerpt: ... in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” (Code Civ. Proc., § 2017.010.) Discovery from a nonparty may be obtained by a deposition subpoena. Code of Civil Procedure section 1987.1, subdivision (a), provides that if a subpoena requires the production of documents, the Court may, upon motion reasonably made by a party, make an order �...
2023.08.30 Motion to Consolidate 717
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.30
Excerpt: ...olving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings 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 duplicati...
2023.08.30 Motion to Compel Responses, for Sanctions 988
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.30
Excerpt: ...25, alleging causes of action for motor vehicle negligence, general negligence, and negligent infliction of emotional distress (“NIED”). In addition to physical injuries, and general damages, Plaintiff alleges (among other things) lost earnings and emotional distress from seeing injuries to his minor child, who was riding in the car with him. On September 29, 2022, Defendant filed his Answer. On December 9, 2022, Plaintiff served discovery Sp...
2023.08.30 Demurrer 993
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.30
Excerpt: ...n against Defendants Clubbizz.LLC (“Clubbizz”), Douglas C. MacLise, Alyce R. MacLise, and Does 1 through 50. On December 2, 2022, Clubbizz filed an Answer and a Cross-Complaint for indemnity against Roes 1 through 100. On June 5, 2023, Plaintiff amended his Complaint to name Salient Consulting Group Inc. (“Salient”) as Doe 1. On August 1, 2023, Salient filed the instant Demurrer. Salient also filed a Cross-Complaint for indemnity against ...
2023.08.29 Motion to Compel Responses, for Monetary Sanctions 902
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.29
Excerpt: ...de of Civ. Proc., §§ 2030.260(a), 2031.260(a).) However, if interrogatories and inspection demand are served by electronic service, a responding party has an additional 2 court days to respond. (Code of Civ. Proc., § 1010.6(a)(3)(B).) If the responding party fails to timely respond to the interrogatories, “The party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as...
2023.08.29 Motion to Compel Responses, for Sanctions 217
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.29
Excerpt: ...9 in Santa Fe Springs, California. Defendants' counsel states that on behalf of Defendant Salvador Gallegos (“Defendant”), he served Special Interrogatories (Set Two) on Plaintiff Antonia Mendez (“Plaintiff”) on April 19, 2023. (Semon Decl., ¶ 6 & Exh. C.) Defendant did not receive responses, and on May 31, 2023, Defendant's counsel inquired regarding the status. (Id., ¶ 7 & Exh. D.) Plaintiff's counsel responded that he had not receive...
2023.08.29 Motion to Compel Responses, for Sanctions 988
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.29
Excerpt: ...25, alleging causes of action for motor vehicle negligence, general negligence, and negligent infliction of emotional distress (“NIED”). In addition to physical injuries, and general damages, Plaintiff alleges (among other things) lost earnings and emotional distress from seeing injuries to his minor child, who was riding in the car with him. On September 29, 2022, Defendant filed his Answer. On August 8, 2022, Plaintiff served discovery on D...
2023.08.28 Motion to Continue Trial 518
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.28
Excerpt: ...018 at or around 7001 Garfield Avenue, Bell Gardens, CA 90201 due to Defendants alleged negligent acts. Trial is currently set for March 13, 2024. On May 9, 2023, Defendant Francisco Jose Maisch (“Defendant”) filed two discovery motions. They are scheduled to be heard on April 3, 2024, after the trial date. (Mittskus Decl., ¶ 3.) On July 10, 2023, Defendant filed another discovery motion. That motion is scheduled to be heard on March 27, 202...
2023.08.28 Motion to Compel Further Responses, for Terminating Sanctions 988
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.28
Excerpt: ...25, alleging causes of action for motor vehicle negligence, general negligence, and negligent infliction of emotional distress (“NIED”). In addition to physical injuries, and general damages, Plaintiff alleges (among other things) lost earnings and emotional distress from seeing injuries to his minor child, who was riding in the car with him. On September 29, 2022, Defendant filed his Answer. On August 8, 2022, Plaintiff served discovery on D...
2023.08.28 Motion to Compel Deposition of PMQ, for Sanctions 207
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.28
Excerpt: ...ccessful efforts to obtain an agreement for the date of Defendant's person most qualified (PMQ) on certain identified subjects, Plaintiff's counsel noticed the deposition for January 10, 2023. (Nalbandyan Decl., Exhs. A, D, E, F, I.) Defendant objected to the deposition notice on the sole ground that Plaintiff had scheduled the deposition unilaterally and that the deponent and counsel were “not available.” (Id., Exh. J.) Defendant did not pro...
2023.08.25 Motion to Compel Responses, for Monetary Sanctions 925
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.25
Excerpt: ...gligence and general negligence against Defendant Serghei Vasilievich Petrenco (“Defendant”). Defendant filed an answer on March 9, 2023. On May 17, 2023, Plaintiff served Form Interrogatories (Set One) and Special Interrogatories (Set One) on Defendant. (Champion Decl., ¶ 2 & Exh. 1.) Defendant requested, and Plaintiff agreed to, a three-week extension of time for Defendant to respond. (Id., ¶ 4 & Exh. 3.) Notwithstanding the extension, De...
2023.08.25 Motion to Compel Deposition, for Sanctions 010
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.25
Excerpt: ...tion of Plaintiff for July 17, 2023. (Reddiconto Decl. filed 7/19/23, ¶ 27 & Exh. 22.) Plaintiff counsel served an objection to the deposition notice that stated only that the deposition date had not been agreed to in advance. (Id., Exh. 23.) Plaintiff did not offer alternative dates. (Id.) Defendant refused to take the deposition off calendar and took Plaintiff's non-appearance. (Id., ¶¶ 29-32 & Exh. 26.) Defendant then followed up with Plain...
2023.08.24 Motion to Compel Responses, for Sanctions 651
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.24
Excerpt: ... asserting a cause of action for premises liability stemming from an injury allegedly sustained on or about October 2, 2019, on Defendant's premises. On January 3, 2023, Defendant Big Lots Stores – PNS, LLC (erroneously sued as Big Lots Stores, Inc.) (“Defendant” filed an answer to the complaint. The same day, Defendant served Form Interrogatories (Set One), Special Interrogatories (Set One), and Requests for Production (Set One) on Plainti...
2023.08.23 Motions to Compel Responses, for Monetary Sanctions 686
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.23
Excerpt: ...County of Los Angeles, erroneously sued as Los Angeles County Sheriff's Department (“Defendant”), filed an answer to the complaint. On the same day, Defendant served discovery on Plaintiff Terrell Lee (“Plaintiff”), including Form Interrogatories (Set One), Special Interrogatories (Set One), Requests for Production (Set One). Defendant also served on Plaintiff a Request for Statement of Damages. (Whitelaw Decls., ¶¶ 3-4 & Exhs. A-B.) Pl...
2023.08.23 Motion to Set Aside Dismissal 448
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.23
Excerpt: ...nts Aaron Lee Ruskin, Shauna Ruskin, George Favela, and Does 1 through 50. On December 13, 2018, Defendants Aaron Lee Ruskin and Jorge Favela (erroneously sued as George Favela) (“Defendants”) filed an answer. (Defendant Shauna Ruskin subsequently filed an answer, but all claims against her were dismissed.) When the complaint was filed, attorney Vahagn Koshkaryan represented all three plaintiffs. On December 26, 2019, Plaintiff Alvarez (only)...
2023.08.23 Motion to Quash 465
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.23
Excerpt: ...ted, and maintained by Defendant Yard House USA, Inc. (sued as The Yard House, L.P.) (“Defendant”) on Shoreline Village Drive in 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 or about June 13, 2023, Defendant issued a subpoena to American Express, Plaintiff's current employer, for all of her personnel records, payroll re...
2023.08.22 Motions to Compel Depositions 588
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.22
Excerpt: ...n Compton, California. On May 9, 2022, Defendant Alpha Beta Company (“Defendant”) filed an answer. On May 25, 2023, Plaintiff served two deposition notices that are the subject of the two motions set for hearing: (1) a notice that Plaintiff would take the deposition of Defendant's employee Alondra Garcia Carcamo (“Garcia”) by Zoom video conference on July 18, 2023; and (2) a notice that Plaintiff would take the deposition of Defendant's p...
2023.08.22 Motions to Compel Responses 982
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.22
Excerpt: ...nc. and Does 1 through 100, alleging the following causes of action: (1) negligence; (2) vicarious liability; (3) strict products liability; (4) negligence – products liability; and (5) negligence – failure to warn. On July 19, 2023, Defendant Carson Trailer Inc. (hereinafter, “Defendant”) filed three separate motions seeking to compel Plaintiff Antonio Iezza III (“Plaintiff”) to provide initial responses to Defendant's Form Interroga...
2023.08.21 Motion to Deem RFAs Admitted, for Sanctions 840
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.21
Excerpt: ...Plaintiff's vehicle. Plaintiff filed the Complaint on June 28, 2021. Defendant filed the Answer on January 25, 2022. On or about September 28, 2022, Plaintiff served Defendant with Requests for Admissions, Set Two. (Choo Decl., ¶ 5 & Exh. 2.) Defendant never responded. (Id., ¶ 7, 10.) Plaintiff filed the instant Motion for an Order to have Truth of Matters Specified in Plaintiff's Request for Admissions Deemed Admitted and for Sanctions of $754...
2023.08.18 Motion to Compel Initial Responses, for Sanctions 566
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.18
Excerpt: ...g other things) that Defendant “raised her glass of water towards Plaintiff, stared at him and sta[r]ted yelling obscene words at Plaintiff right before threw the glass at Plaintiff from a distance of less than four (4) from Plaintiff.” (Complaint, ¶ 9.) Plaintiff asserts (among other things) that the glass hit him “on the left cheekbone area injuring Plaintiffs cheekbone, left eye socket and left ear.” (Id., ¶ 10.) Plaintiff filed the ...
2023.08.17 Motions to Compel Discovery, for Monetary Sanctions 319
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.17
Excerpt: ...y 29, 2022. The same day that she filed her answer, Defendant propounded form interrogatories, special interrogatories, requests for production, and requests for admission. (Clark Decls., ¶ 2.) The responses were initially due on or about August 31, 2022. (Ibid.) After numerous extensions were requested and granted, Plaintiff's responses were due on February 16, 2023. (Id., ¶¶ 3-10.) What happened next, or did not happen next, is subject to di...
2023.08.17 Motion to Quash Subpoenas 391
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.17
Excerpt: ... only concerning Plaintiff's neck, left shoulder, and back, and further MODIFIED them to be limited to records only from January 1, 2019 to the present and, with those limitations, otherwise DENIES the motion to quash. Background On November 29, 2021, Plaintiff Manuel Lopez Osorio (“Plaintiff”) filed this action against Defendants Ashik B. Mostofa, Administrative Services Cooperative, Inc., Yellow Cab Cooperative, Inc., and Does 1 to 50, asse...
2023.08.17 Motion to Enforce Settlement 145
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.17
Excerpt: ...on, Department of California Highway Patrol, Teron Liggins, and Trino Naranjo alleging causes of action for dangerous condition of public property, negligence (two counts), negligent infliction of emotional distress, and loss of consortium. This is referred to as the “Gutierrez Action.” On February 14, 2022, in case number 22STLC00914, Plaintiff Aspire General Insurance Company filed a complaint for subrogation against Defendant Teron Liggins...
2023.08.16 Motion to Continue Trial 875
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.16
Excerpt: ... by defendants. On April 7, 2022, Plaintiff filed her Complaint asserting causes of action for negligence and negligent hiring, supervision, and retention against Defendants P.W. Stephens Environmental, Inc. (“PWSE”), Mike Jabbour (“Jabbour”), and Does 1 through 50. After Jabbour's demurrer was sustained with leave to amend, Plaintiff filed her First Amended Complaint (“FAC”) on August 8, 2022. PWSE filed its answer to the FAC on Sept...
2023.08.16 Motion to Compel Physical Exam, Mental Exam 956
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.16
Excerpt: ...Complaint asserting causes of action for (1) general negligence and (2) premises liability against defendants Vive Night Club, Ruben Aguinaga, individually and dba Vive Night Club, Matrix Entertainment, and Does 1 through 50. In the Complaint, Plaintiff alleges that on July 11, 2021, she was “walking to a table at Defendants' place of business when she slipped and fell on the wet floor, falling and sustaining bodily injuries including a facial ...
2023.08.16 Motion to Compel Initial Responses, for Sanctions 566
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.16
Excerpt: ...alleges (among other things) that Defendant “raised her glass of water towards Plaintiff, stared at him and sta[r]ted yelling obscene words at Plaintiff right before threw the glass at Plaintiff from a distance of less than four (4) from Plaintiff.” (Complaint, ¶ 9.) Plaintiff asserts (among other things) that the glass hit him “on the left cheekbone area injuring Plaintiffs cheekbone, left eye socket and left ear.” (Id., ¶ 10.) Plainti...
2023.08.16 Demurrer 216
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.16
Excerpt: ... Plaintiff was on Defendant's premises. On July 20, 2023, Defendant FSC Corporation DBA Il Pastaio, Inc. filed a demurrer. No opposition has been filed. Legal Standard A general demurrer tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th...
2023.08.15 Motion to Contest Good Faith of Settlement 429
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.15
Excerpt: ...Angeles, California. Plaintiff filed the Complaint on February 4, 2021, asserting causes of action for motor vehicle negligence and general negligence against Defendants Dmitrii Toradze (“Toradze”), Christian James Glover (“Glover”), and Does 1 through 50. The Complaint alleges that Glover was driving behind Plaintiff; that Toradze was driving behind Glover; and that a collision between Toradze and Glover caused Glover's vehicle “to vio...
2023.08.15 Motion to Compel IME, for Sanctions 352
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.15
Excerpt: ...ff. (Mendoza Decl., ¶¶ 4, 7 & Exhs. B, D.) First, on November 23, 2022, Defendant served a demand for Plaintiff's independent medical examination, setting the examination for December 15, 2022. (Id., ¶ 4; Exh. B.) The examination was rescheduled for December 22, 2022. (Id., ¶ 5; Exh. C.) Plaintiff failed to serve a response to Defendant's demand for examination. On December 22, 2022, Plaintiff failed to appear for the examination. (Id., ¶ 6....
2023.08.15 Motion to Continue Trial 542
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.15
Excerpt: ...cle collided with Plaintiff Martorell's vehicle; and the force of the collision pushed Plaintiff Martorell's vehicle into Plaintiff Roper's vehicle. (Complaint, ¶¶ 8-9, 21.) Defendant Lyft filed an answer on April 27, 2020. Defendant Zepeda Garcia was served by substitute service on or about June 4, 2020. He filed a motion to quash the service, but he failed to appear at the hearing, and the motion was taken off calendar. His default was taken ...
2023.08.15 Motions to Compel Discovery Responses 804
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.15
Excerpt: ...er 13, 2018 on Bundy Drive in the County of Los Angeles. The named defendants filed their answers on March 24, 2002; September 1, 2022; and January 18, 2023. On May 9, 2023, Defendant James Pierre (“Defendant”) served (a) Special Interrogatories, Set Two (Nos. 36-37); (b) Supplemental Requests for Production of Documents; and (c) Supplemental Interrogatories. (Mendoza Decls., ¶ 3 & Exh. A.) As of the date of filing, no responses had been rec...
2023.08.14 Motion to Deem RFAs Admitted, for Sanctions 566
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.14
Excerpt: ...ed at him and sta[r]ted yelling obscene words at Plaintiff right before threw the glass at Plaintiff from a distance of less than four (4) from Plaintiff.” (Complaint, ¶ 9.) Plaintiff asserts (among other things) that the glass hit him “on the left cheekbone area injuring Plaintiffs cheekbone, left eye socket and left ear.” (Id., ¶ 10.) Plaintiff filed the complaint against Defendant and Does 1 through 50 on April 26, 2021, alleging cause...
2023.08.14 Motion to Continue Trial 352
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.14
Excerpt: ...been filed. Legal Standard California Rules of Court, rule 3.1332, subdivision (c) states that although disfavored, the trial date may be continued for “good cause,” which includes (without limitation): (1) unavailability of trial counsel or witnesses due to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) �...
2023.08.14 Motion to Continue Trial 217
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.14
Excerpt: ...in Santa Fe Springs, California. On June 30, 2023, the Court granted Plaintiffs' ex parte application to continue the trial date for approximately 45 days (from July 20 to September 6, 2023). Defendants filed a detailed opposition to the application but did not in their papers mention any scheduling conflicts (either for lead counsel or their experts) that a continuance might cause. On July 18, 2023, the Court denied Defendants' ex parte applicat...
2023.08.14 Motion to Continue Trial 098
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.14
Excerpt: ...1) unavailability of trial counsel or witnesses due to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it...
2023.08.14 Motion to Compel Deposition 559
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.14
Excerpt: ...istics (business entity form unknown), and Does 1 through 50 for motor vehicle negligence and general negligence. On August 1, 2022, Plaintiff amended her complaint to name Optimize Logistics, Inc. as Doe 1. On September 14, 2022, the named defendants filed their answer. On December 14, 2022, Plaintiff served form interrogatories, special interrogatories, and inspection demands on Defendant Thompson (“Defendant”). (Steiner Decl., ¶ 3.) On De...
2023.08.11 Motion to Quash Subpoena for Employment Records 240
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.11
Excerpt: ...ed damages include a claim for “loss of earnings and earning capacity, both past and future, in amounts according to proof.” (Complaint, ¶ 11.) In discovery, Plaintiff stated that she was seeking to recover (among other damages) $60,000 in lost wages from her job at her former employer Savage Fenty (“Employer”) for approximately two weeks in October 2019 and then again from January 12, 2021 forward, at the rate of $22 per hour or approxi...
2023.08.11 Motion to Continue Trial 593
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.11
Excerpt: ...2023, Defendant filed the instant motion to continue trial. No opposition was filed. When the motion came on for hearing on July 28, the Court granted Plaintiff's request for a brief continuance to possibly reach an agreement with the Defendant regarding the trial and related dates. Pursuant to Plaintiff's request, the Court continued the motion to August 11, 2023. On July 31, 2023, Plaintiff filed an opposition, and Defendant replied on August 1...
2023.08.11 Motion to Continue Trial 053
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.11
Excerpt: ...ies) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial.¿ (Id., Rule 3.1332(c).)¿¿¿ Other relevant considerations¿may¿include: “(1) The proximity of the trial date; [¶] (2) Whether there was any previ...
2023.08.10 Motion for Summary Judgment 301
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.10
Excerpt: ...orthwest Excavating, and Does 1-100 for 1) Negligence, 2) Dangerous Condition of Public Property under Government Code § 835, and 3) Loss of Consortium. On June 23, 2022, Plaintiffs amended their complaint to name Global Environmental Network, Inc. as Doe 1 Numerous cross-complaints have been filed in this action. On April 26, 2021, the City of Malibu filed a cross-complaint against the other named defendants and Roes 1 through 10. On June 2, 20...
2023.08.10 Motion to Compel Further Responses, to Deem RFAs Admitted 720
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.10
Excerpt: ...nsel of record Downtown L.A. Law Group to pay sanctions in the amount of $690, jointly and severally, within 30 days of this order. Background On July 6, 2021, Plaintiffs Estanislao Hernandez, Carmen Hernandez, Israel Alberto Hernandez Saavedra, individually and as successors in interest to Decedent, Mario Alberto Hernandez, filed a complaint against Defendants Doan Haidang Huynh, Dial Transport Inc, and Vantage Industrial Holding, LLC, alleging ...
2023.08.10 Motion to Continue Trial 993
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.10
Excerpt: ...ce, premises liability, and negligent hiring, training, and supervision against Defendants Clubbizz.LLC (“Clubbizz”), Douglas C. MacLise, Alyce R. MacLise, and Does 1 through 50. On December 2, 2022, Clubbizz filed an Answer and a Cross-Complaint for indemnity against Roes 1 through 100. On June 5, 2023, Plaintiff amended his Complaint to name Salient Consulting Group Inc. (“Salient”) as Doe 1. On August 1, 2023, Salient filed a Demurrer ...
2023.08.09 Motion to Continue Trial 735
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.09
Excerpt: ...Defendants Angelique Evans, Yvonne Arambula, Wellsville Properties, LLC, Michael Bruce, NPS Management, and Does 1 through 30. The FAC alleges that Defendant Angelique Evans lost control of her vehicle and collided into the building and apartment that Plaintiff resided in. Defendant NPS Management filed its answer and a cross-complaint against Defendants Evans, Arambula, and Roes 1 through 10 on November 4 and 7, 2022. Wellsville Properties and M...
2023.08.09 Motion to Continue Trial 514
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.09
Excerpt: ...or deteriorating portion of the roadway caused decedent Mark Anthony Cazares to lose control of his vehicle. Defendant City of San Gabriel requests an order continuing the Trial from November 28, 2023 to a date convenient to the Court in late February 2024 as well as a continuance of the Final Status Conference and discovery deadlines. The motion is brought pursuant to California Rules of Court 3.1332, subdivisions (b), (c), and (d) on grounds th...
2023.08.09 Motion to Compel Further Responses, for Contempt, for Issue or Evidentiary Sanctions, for Monetary Sanctions 720
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.09
Excerpt: ...e GRANTED IN PART and DENIED IN PART. The Court orders Plaintiff Israel Alberto Hernandez Saavedra and counsel of record Downtown L.A. Law Group to pay sanctions in the amount of $1,875, jointly and severally, within 30 days of this order. Background On July 6, 2021, Plaintiffs Estanislao Hernandez, Carmen Hernandez, Israel Alberto Hernandez Saavedra, individually and as successors in interest to Decedent, Mario Alberto Hernandez, filed a complai...
2023.08.08 Motion to Continue Trial 181
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.08
Excerpt: ...injuries. On May 2, 2022, and June 15, 2022, Plaintiff added AMC Janitorial and Shahzad Enterprises, Inc. dba AMC Janitorial and Maintenance, Inc., as defendants. On August 10, 2022, Defendant Fox Investment Company, LLC filed a cross-complaint against Shahzad Ent. Inc. and Defendant Shahzad Enterprises, Inc. dba AMC Janitorial and Maintenance, Inc. On September 8, 2022, Cross-Defendant Shahzad Ent. Inc. filed its cross-complaint against Defendan...
2023.08.08 Motion for Terminating Sanctions 647
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.08
Excerpt: ...ntiff's attorney provided the following email address in the caption: [email protected]. On January 12, 2023, the Court granted Defendant's motions to compel Plaintiff to provide verified responses to form interrogatories, special interrogatories, and requests for production of documents and awarded sanctions in the amount of $530.00. Neither Plaintiff nor Plaintiff's counsel appeared at the hearing. Defendant was ordered to give notice. ...
2023.08.07 Motion to Strike 476
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.07
Excerpt: ...upo (collectively, “Defendants”) have filed the instant Motion to Strike (“Motion”) on July 7, 2023. No Opposition nor Reply Papers have been filed. Legal Standard The court may, upon motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436, subd. (a).) The court may also strike all or any part of any pleading not drawn or ...
2023.08.07 Motion to Reopen Discovery 883
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.07
Excerpt: ...icles LLC, Hertz, and Does 1-50 inclusive. On June 14, 2021, the named defendants filed their answer. On the same day, the named defendants filed a notice of stay of proceedings based on the pending bankruptcy proceedings of Defendant The Hertz Corporation. On June 28, 2022, Plaintiffs dismissed, without prejudice, The Hertz Corporation, Hertz Vehicles LLC, and Hertz. The sole remaining named defendant was (and is) Shi Lu (“Defendant”) On Aug...
2023.08.04 Motion to Continue Trial 537
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.04
Excerpt: ...ing the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial. (Id., Rule 3.1332(c).) Other relevant considerations may include: “(1) The proximity of the trial date; [¶] (2) Wheth...
2023.08.04 Motion to Continue Trial 517
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.04
Excerpt: ...3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial.¿ (California Rules of Court, Rule 3.1332(c).)¿¿¿ Other relevant considerations¿may¿include: “(1) The proximity of the trial date; [¶] (2) Whether there was any previous continuance, extension of time,...
2023.08.03 Motion to Strike, Demurrer 537
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.03
Excerpt: ...ded Complaint (“FAC”) two days later, on January 26. 2023. In the FAC, Plaintiffs asserts a total of six causes of action (for negligence-motor vehicle; negligent infliction of emotional distress; negligence; negligence per se; strict products liability; and negligent hiring retention and supervision negligence per se). The Defendants listed in the FAC are Nitin Khanna; Tikero Group Inc.; Uber USA, LLC; Uber Technologies, Inc.; Rasier, LLC; R...
2023.08.03 Motion to Compel Responses, for Sanctions 146
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.03
Excerpt: ...or vehicle incident that occurred on or about April 15, 2019. On September 1, 2021, Defendant Marc Nehme (erroneously sued as Mark Nehme) (“Defendant”) filed his answer. On December 14, 2022, Defendant Mark Nehme (“Defendant”) filed two motions: (1) a motion to compel Plaintiff to respond to a Supplemental Interrogatory; and (2) a motion to compel Plaintiff to respond to a Supplement Request for Production of Documents. The hearing on bot...
2023.08.03 Motion for Summary Judgment 093
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.03
Excerpt: ... summary judgment. Defendant has not opposed. 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.) CCP Section 437c(c) “requires the trial judge to grant summary judgment i...
2023.08.02 Motion to Compel Further Responses, for Sanctions 593
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.02
Excerpt: ... Beta Company dba Ralphs (erroneously sued as Kroger dba Ralphs) (“Defendant”) filed an Answer on August 24, 2022. Following an Informal Discovery Conference relating to various interrogatories and requests for admission, Defendant served amended responses on February 16 and again on March 8, 2023. Plaintiff filed a notice of motion and motion (only) on March 9, 2023, seeking an order compelling Defendant to serve further verified responses t...
2023.08.01 Motion for Terminating Sanctions 077
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.08.01
Excerpt: ...fendant Bodega Latina Corporation dba El Super (“Defendant”). Plaintiff filed this action against Defendant Bodega Latina Corporation DBA El Super arising from Plaintiff's slip and fall accident at one of Defendant's stores. On March 21, 2023, Plaintiff Ana Vasquez (“Plaintiff”) filed a motion to compel further responses to her special interrogatories and a motion to compel further responses to her form interrogatories. In her form interr...
2023.07.28 Motion to Continue Trial 593
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.28
Excerpt: ... to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial. (Id., Rule 3.1332(c).)...
2023.07.27 Motion for Undertaking 908
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.27
Excerpt: ...may be awarded in the action.” (C.C.P. § 1030(a).) To prevail on a motion under section 1040, the defendant must show (1) “that the plaintiff resides out of the state or is a foreign corporation” and (2) “that there is a reasonable possibility that the moving defendant will obtain judgment in the action.” (C.C.P. § 1030(b).) The motion can be brought at any time. (C.C.P. § 1030(a).) The trial court has no authority to deny the motion...
2023.07.27 Motion for New Trial 316
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.27
Excerpt: ...fense of immunity pursuant to Government Code section 831.4. On June 5, 2023, Plaintiff filed the instant motion for new trial. On June 15, 2023, Defendant City filed its opposition papers. As of July 26, 2023, no reply papers have been filed. Legal Standard “A motion for new trial is a creature of statute; . . .” (Neal v. Montgomery Elevator Co.¿(1992) 7 Cal. App. 4th 1194, 1198.) A movant must satisfy Code of Civil Procedure sections 657 a...
2023.07.26 Motions to Compel, for Sanctions 135
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.26
Excerpt: ...inclusive, for negligence arising from a motor vehicle incident that occurred on or about May 26, 2019 on the I-5 Freeway in Pacoima, California. On August 12, 2022, Defendants/Cross-Complainants Fook Choon Lee and PV Holding Corp. filed a cross-complaint against Defendants/Cross-Defendants Henry Muyomba, the Estate of Henry Muyomba, Susan Tamale Nantongo, and ROES 1 to 20. On May 11, 2022, the Court granted the request of Plaintiffs' counsel Kyl...
2023.07.25 Motion to Compel Responses, for Sanctions 328
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.25
Excerpt: ...November 25, 2020, plaintiff Rosa Erika De Leon Fuentes (“Plaintiff”) sued defendants Carmen Maria Godinez and Carmen Denim, Inc., and DOES 1 to 100, inclusive, for 1) assault, 2) battery, 3) intentional infliction of emotional distress, 4) negligence, and 5) negligent hiring, supervision, and retention. On March 14, 2023, Plaintiff filed this motion to compel responses to Form Interrogatories, Set One from Defendant Carmen Maria Godinez (“...
2023.07.25 Motion for Terminating Sanctions 288
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.25
Excerpt: ... Liability, and (5) Mandatory Duty to Protect Against Injuries. Plaintiff alleges that on or about September 28, 2018, Plaintiff fell when she was walking in West Hollywood due to unscrewed plates on the sidewalk across from Time Warner. On March 15, 2023, the Court granted Defendant City of West Hollywood's motions to compel Plaintiff to provide verified responses to form interrogatories, special interrogatories, and request for production of do...
2023.07.25 Demurrer 125
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.25
Excerpt: ...ndants negligently entrusted, managed, maintained, drove, and operated defendants' vehicle involved in the collision. On June 9, 2023, Defendant Enterprise Rent-A-Car Company of Los Angeles, LLC (“Defendant') filed a demurrer. No opposition has been filed. Judicial Notice Defendant requests judicial notice of the Statement of Information for Enterprise Rent-A-Car Company of Los Angeles, LLC filed with the California Secretary of State. The Cour...
2023.07.24 Motion for Summary Judgment 830
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.24
Excerpt: ... 2021, while lawfully attending an event at 1001 S. Stadium Drive in Inglewood, California (the location of SoFi Stadium). On July 29, 2021, Plaintiff filed a complaint asserting causes of action for “general negligence” and “premises liability” against Defendants Pincay Re, LLC; Hollywood Park Management Company, LLC; Stadco LA, LLC (collectively referred to as “Defendants”), as well as others. On March 29, 2023, Defendants filed a m...
2023.07.24 Demurrer 180
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.24
Excerpt: ... “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the 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 ext...
2023.07.24 Motion for Terminating Sanctions 740
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.24
Excerpt: ...ucking, Inc. On August 31, 2021, Plaintiff filed a complaint for motor vehicle negligence and general negligence against Defendants. On March 25, 2022, the Court granted the motion of Plaintiff's counsel to be relieved as counsel. The Order prepared by Plaintiff's counsel and signed by the Court identified Plaintiff's current address as “605 Fishburn Avenue” in Huntington Park, California. The proof of service of the Order filed by Plaintiff'...
2023.07.24 Motion to Compel Deposition Answers 680
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.24
Excerpt: ...arty and a named defendant in the consolidated case, Weissman v. Petty, et al., Case No. 21STCV34351.) Plaintiff filed her motion on May 2, 2023. The dispute was not resolved at an Informal Discovery Conference held on June 13, 2023. Defendant filed his opposition on June 26, 2023, and Plaintiff filed her reply on June 30, 2023. The Court has reviewed the filings of the parties and issues the following tentative rulings. Analysis At his depositio...
2023.07.24 Motion to Quash, for Sanctions 934
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.24
Excerpt: ...ssued to the Los Angeles Police Department to records relating to the incident in question. The Court grants the motion to quash the subpoena issued to the Los Angeles Fire Department. The Court denies Plaintiff's request for sanctions. Background On August 11, 2022, Plaintiff Robin Jean Zackery filed a Complaint against Defendant Oxford Grand, LLC. On May 24, 2023, the Court issued an order (on the stipulation of the parties) granting leave for ...
2023.07.21 Motion to Continue Trial, for Judgment on the Pleadings 641
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.21
Excerpt: ...l court may not refuse to hear a summary judgment motion filed within the time limits of section 437c.” (Sentry Ins. Co. v. Superior Court (1989) 207 Cal.App.3d 526, 529; accord Cole v. Superior Court (2022) 87 Cal.App.5th 84, 88.) Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. (CRC rule 3.1332(c).) The Court may grant a continuance only on an affirmative showing of good caus...
2023.07.21 Motion for Leave to File Complaint 719
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.21
Excerpt: ...ll obtain leave of court to file any cross-complaint except one filed within the time specified in subdivision (a) or (b). Leave may be granted in the interest of justice at any time during the course of the action.” “If the proposed cross-complaint is permissive . . ., leave of court may be granted ‘in the interest of justice' at any time during the course of the action (CCP §428.50(c)). On the other hand, if the proposed cross-complaint ...
2023.07.20 Motion to Strike 618
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.20
Excerpt: ... 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; Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) The grounds for a motion to strike must “appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437.) Meet and Confer The ...
2023.07.20 Motion to Continue Trial 068
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.20
Excerpt: ...31, 2020, she was driving in Culver City, California, when she drove directly into a ditch, which she believes had been dug by Bernards Bros Inc. for Culver City. On December 14, 2021, Culver City and BBI (collectively, “Cross-Complainants”) filed a Cross-Complaint against Cross-Defendants Traffic Management, Inc. (“TMI”), Hardy & Harper, Inc., and Moes 1-20, inclusive, asserting causes of action for (1) total equitable indemnity, (2) exp...
2023.07.20 Motion to Compel Deposition 469
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.20
Excerpt: ...ay obtain discovery . . . by taking in California the oral deposition of any person, including any party to the action.” (Code Civ. Proc., § 2025.010.) Where a deponent fails to appear at a deposition or produce documents at a deposition, Code of Civil Procedure section 2025.450 permits a party to seek a motion to compel a deposition. The motion is permissible after a party fails to appear without having served a valid objection pursuant to Co...
2023.07.20 Motion for Good Faith Settlement Determination 492
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.20
Excerpt: ...ued Angelica Bianca Diaz, Luis Rodriguez, and Does 1 through 50. Luis Rodriguez filed a cross-complaint against Diaz, and Diaz filed a cross-complaint against Luis Rodriguez. In the Marinero case, Plaintiffs Luis Felix Marinero, Ana Rodriguez, and Nathaly Rodriguez sued Diaz. On June 23, 2023, Luis Rodriguez filed a motion for determination of good faith settlement. On July 6, 2023, Angelica Bianca Diaz filed an opposition. On July 14, 2023, Rodr...
2023.07.19 Motion for Terminating Sanctions, for Evidentiary Sanctions 329
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.19
Excerpt: ...minating] 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:... (d) Failing to respond or to submit to an authorized method of discovery.... (g) Disobeying a court order to provide discovery...." "The trial court may order a terminating sanction for discovery abuse 'after considering the t...
2023.07.19 Motion for Judgment on the Pleadings 569
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.19
Excerpt: ...“Johnson”). (Id., ¶¶ 1, 13.) Khatami sues Johnson, Defendant NTI-CA, Inc., the alleged owner of the shuttle bus (“NTI”), and Does 1-25 in connection with the first accident. (Id., ¶¶ 4, 6, 11-21, 34-40, 42-50.) In the second accident, on May 24, 2020, Khatami alleges that he was driving a vehicle that collided with a Lexus driven and owned by Defendant Roberta Pauline Jones (“Jones”). (Id., ¶¶ 1, 5, 24.) Khatami sues Jones and D...
2023.07.18 Motion to Compel Verified Responses, for Sanctions 099
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.18
Excerpt: ... and severally, within 30 days of this order. Background On July 20, 2020, Plaintiff Stephanie E. Wantuch filed a complaint against Defendant Walmart, Inc. (“Defendant”), for general negligence, stemming from a slip and fall on water outside the bathroom at Walmart on September 25, 2018. On March 28 and April 1, 2022, Plaintiff served Defendant with form interrogatories (set two), special interrogatories (set two), request for production of d...
2023.07.18 Motion to Compel Second IME 832
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.18
Excerpt: ...e instant motion to compel Plaintiff to attend a second independent medical examination. On July 5, 2023, Plaintiff filed an opposition. On July 11, 2023, Defendant filed a reply. Legal Standard Code of Civil Procedure (“CCP”) section 2032.220(a) provides: In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satis...
2023.07.17 OSC Re Contempt, Monetary for Monetary Sanctions 720
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.17
Excerpt: ... for evidentiary sanctions is granted in part as set forth below. Defendant's request for monetary sanctions is GRANTED. The Court orders Plaintiff Israel Alberto Hernandez Saavedra and counsel of record Igor Fradkin to pay sanctions in the amount of $1,185, jointly and severally, within 30 days of this order. Legal Standard Contempt Contempt is any act, in or out of court, “which tends to impede, embarrass or obstruct the court in the discharg...
2023.07.17 Motion to Waive Undertaking 538
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2023.07.17
Excerpt: ... and the stairs being wet. On March 1, 2023, the Court granted Defendant's motion for an undertaking. On April 12, 2023, the Court denied Plaintiff's motion for reconsideration but, on its own motion, set a briefing schedule and further hearing to determine whether the undertaking should be waived based upon Plaintiff's limited financial means. On May 18, 2023, the Court did not grant the waiver, but the ruling was without prejudice to Plaintiff ...

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