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2024.02.14 Motion to Compel Responses, to Deem RFAs Admitted 327
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.14
Excerpt: ...nd On October 12, 2022, Plaintiff Kelli Lee Miller (“Plaintiff”) filed her complaint against Defendants Jong Suk Choi, Nam Joong Yoon, and Does 1 to 20, for general negligence and motor vehicle negligence causes of action arising from an automobile accident o ccurring on October 18, 2020. Defendant Yoon filed an answer in November 2022, and Defendant Choi filed an answer in December 2022. On January 31, 2023, Plaintiff served Defendant Choi (...
2024.02.14 Motion for Summary Judgment 123
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.14
Excerpt: ...ly, “Plaintiffs”) filed a complaint against Defendants Hasina Saleh (“Defendant”) and Does 1 through 25 asserting causes of action for general negligence and motor vehicle negligence. Defendant filed an answer on March 1, 2023. On May 17, 2023, the Court granted the motion of Plaintiffs' attorney to be relieved as counsel. As set forth in the minute order, the order granting the motion was to be “effective upon filing proof of the signe...
2024.02.14 Motion for Pre-Trial Discovery 496
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.14
Excerpt: ...6 against Samantha Friedman (“Friedman”), Evan Wildstein (“Wildstein”), and Does 1 through 50 asserting causes of action for motor vehicle negligence and general negligence (the “Esparza Action”). Friedman and Wildstein filed their answers in August and October 2022. On September 13, 2022, Plaintiff City of Los Angeles (“City”) filed the complaint in Case No. 22STCV29848 against Friedman, Wildstein, and Does 1 to 50 asserting caus...
2024.02.14 Motion for Determination of Good Faith Settlement 179
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.14
Excerpt: ...ndez (“Plaintiff”) was a passenger in the vehicle driven by Defendant Hernandez, her daughter, and sustained significant injuries in the accident. On May 24, 2022, Plaintiff filed a complaint against Defendant El Sekaly, Defendant Hernandez, Rebecca Pedroza Steele, and DOES 1 through 100, inclusive, asserting causes of action for (1) motor vehicle negligence and (2) general negligence. On June 29, 2022, Defendants El Sekaly and Steele filed a...
2024.02.14 Motion to Compel Responses, for Sanctions 758
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.14
Excerpt: ...��) filed a complaint against Defendants CJ Logistics USA Corporation, Won Keun Park, and Does 1 to 10, asserting causes of action for motor vehicle negligence and general negligence. On January 5, 2023 , Defendants CJ Logistics America, LLC (erroneously sued as CJ Logistics USA Corporation) and Won Keun Park (collectively, “Defendants”) filed their answer. On January 13, 2023, Defendants served Plaintiff with discovery, including Form Interr...
2024.02.09 Motion for Reconsideration 526
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.09
Excerpt: ... August 11, 2022, the Court dismissed the entire action without prejudice pursuant to Code of Civil Procedure § 581(b)(3), when Plaintiff did not appear for Non-Jury Trial. On August 22, 2023, Plaintiff filed the instant motion to set aside the dismissal pursuant to Code of Civil Procedure § 473(b) and seeks reconsideration of the dismissal pursuant to Code of Civil Procedure § 1008. Legal Standard Under Code of Civil Procedure § 1008 (a), �...
2024.02.09 Demurrer 696
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.09
Excerpt: ...nt Ruben Petrosyan filed his answer. On June 27, 2022, the Court approved a stipulation submitted by the parties granting leave to Plaintiff to file a First Amended Complaint (the “FAC”). According to the stipulation, among other things, Defendant Ruben Petrosyan had died a “few months ago.” Plaintiffs filed the FAC on May 10, 2023. In the FAC, Plaintiffs name as defendants JR Johnnys Limo Services, Inc. (“JR”) and Does 1 through 10. ...
2024.02.08 Motion to Vacate and Reset or Continue Trial 565
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.08
Excerpt: ...quently related to and consolidated with this action), Plaintiff Jung Ok Shin filed a complaint against Defendants Gianni Garafano Williams and Tesla Service Buena Park alleging the same causes of action for motor vehicle and general negligence, stemming from the same accident that occurred on September 7, 2021. On September 19, 2022, in case number 22STCV30506 (subsequently related to and consolidated with this action), Plaintiff Choon Kang file...
2024.02.08 Motion to Compel Vehicle Inspection 825
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.08
Excerpt: ... against Defendants Shippers Transport Express, Jose Cruz, and DOES 1-50, for negligence/negligence per se cause of action. On July 25, 2022, Defendants Shippers Transport Express, Inc. and Jose Cruz (collectively, “Defendants”) filed their Answer to the Complaint. On May 31, 2023, Defendants served Plaintiff with a demand for inspection of a vehicle. (Warren Decl., ¶ 4 & Exh. A.) Plaintiff did not serve a response to the discovery. (Id., ¶...
2024.02.08 Motion to Compel Responses 629
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.08
Excerpt: ...tember 13, 2021, asserting motor vehicle negligence and general negligence causes of action against Defendant Mina George Baskharon (“Defendant”), and Does 1 through 10. Defendant filed an Answer on March 22, 2023. On March 22, 2023, Defendant served Plaintiff with Form Interrogatories, Special Interrogatories, and Demands for Production of Documents . (Yerzinkyan Decls., ¶ 2.) Plaintiff did not respond. On August 1, 2023, Defendant filed th...
2024.02.08 Motion to Compel Arbitration 841
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.08
Excerpt: ...), Elizabeth Amezquita, Joseph Flores, and Does 1 through 50, asserting causes of action for motor vehicle negligence and general negligence. On December 2, 2022, Jackson filed his Answer. On December 27, 2022, Lyft filed its Answer. In its Fifteenth Affirmative Defense, Lyft alleges there was a binding arbitration agreement between Plaintiffs and Lyft that governs the claims asserted in this case. (Answer, ¶ 15.) On December 5, 2023, Lyft filed...
2024.02.07 Motion to Continue Trial 304
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.07
Excerpt: ...April 23, 2019. On January 4, 2024, Defendant Target Corporation filed its motion for summary judgment. On January 10, 2024, Defendant Target Corporation. (“Defendant”), filed its motion to continue trial, or in the alternative, advance the hearing on motion for summary judgment. 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 ...
2024.02.07 Motion to Compel Compliance with Deposition Subpoena 875
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.07
Excerpt: ...g nail on the floor in her home. Plaintiff alleges that the dangerous condition that caused her injury was the result of (among other things) negligent work in her home performed by defendants. On April 7, 2022, Plaintiff filed the Complaint in this action asserting causes of action for negligence and negligent hiring, supervision, and retention against Defendants P.W. Stephens Environmental, Inc. (“PWSE”), Mike Jabbour (“Jabbour”), and D...
2024.02.07 Motion to Deem Truth of Matters Asserted in RFAs 323
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.07
Excerpt: ...nst Defendant Byung Woo Kang, individually and dba Sunset Plaza Liquors (“Defendant”), and Does 1 through 10. Defendant filed an Answer on May 1, 2023. On May 4, 2023, Plaintiff filed a substitution of attorney form. Plaintiff's former counsel substituted out of the case, and Plaintiff is now self-represented. On July 25, 2023, Defendant served Plaintiff with Requests for Admission (Set One). (Cohen Decl., ¶ 9 & Exh. 1.) Plaintiff was served...
2024.02.07 Motion to Continue Trial 508
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.07
Excerpt: .... filed its motion for summary judgment. On January 11, 2024, Defendant Sephora USA, Inc. (“Defendant”), filed its motion to continue trial. 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 conform to law and justice. “The power to determine when a continuance should be granted is within the discretion of the trial c...
2024.02.07 Motion to Deem Truth of Matters Asserted in RFAs 629
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.07
Excerpt: ...1, asserting causes of action for motor vehicle negligence and general negligence against Defendant Mina George Baskharon (“Defendant”), and Does 1 through 10. Defendant filed an Answer on March 22, 2023. On November 30, 2023, Defendant served Plaintiff with Requests for Admissions (Set One). (Mittskus Decl., ¶ 2 & Exh A.) Plaintiff did not respond. (Id., ¶ 3.) On January 11, 2024, Defendant filed this motion for an order deeming admitted a...
2024.02.06 Motion to Contest Application for Determination of Good Faith Settlement 858
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.06
Excerpt: ...fendants Specialty Healthcare Properties, L.L.C. (“Specialty”), Cedars-Sinai Medical Center (“CSMC”), and Does 11 through 50 when Defendant Nune Badalyan (“Badalyan”) drove her vehicle over Plaintiff Soto's foot, causing her severe injuries. On September 29, 2021, Plaintiffs filed the Complaint in this action, asserting five causes of action: (1) Plaintiff Soto asserts a motor vehicle negligence claim against Badalyan and Does 1 throu...
2024.02.02 Motion to Strike 512
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.02
Excerpt: ...o opposition has been filed. Legal Standard “Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof.” (Code Civ. Proc. § 435(b)(1).) A court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading.” (Code Civ. Proc. § 436(a).) A court may “[s]trike out all or any part of any pleading not drawn or filed in conformity with the...
2024.02.02 Motion to Set Aside Default, Judgment 456
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.02
Excerpt: ...n October 4, 2022, the Court granted Plaintiffs' request to correct the complaint to name City of Vernon as a defendant in place of City of Los Angeles. But on April 19, 2023, Plaintiffs brought City of Los Angeles back into the case, naming the City of Los Angeles as Doe 2. On October 5, 2023, Plaintiffs filed a proof of service showing personal service of the summons and complaint on an authorized agent of City of Los Angeles in June 2023. Also...
2024.02.02 Motion to Compel IME 640
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.02
Excerpt: ...n the 405 Freeway. Defendant filed his Answer to the Complaint on April 20, 2022. On July 12, 2023, Defendant served a demand for a physical examination of Plaintiff' on August 22, 2023. (Young Decl., ¶ 3 & Exh. A.) Plaintiff did not appear. (Id., ¶ 3.) On August 31, 2023, Defendant served an amended demand for a physical examination on October 5, 2023. (Id., ¶ 3 & Exh. D.) On October 4, 2023, the examining doctor alerted defense counsel of th...
2024.02.01 Motion for Summary Adjudication, to Continue 267
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.01
Excerpt: .... Johnson, and Does 1 to 20, alleging three causes of action for: (1) General Negligence and (2) Motor Vehicle Negligence. Trial is currently set for March 29, 2024. On December 15, 2023, Defendants Container Freight Transportation, LLC and Andre L. Johnson ( “Defendants) filed a motion for summary adjudication. The hearing is scheduled for July 29, 2024. On January 3, 2024, Defendants filed this motion to specially set the hearing for the moti...
2024.02.01 Demurrer, Motion to Strike 503
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.02.01
Excerpt: ...o amend. Background Plaintiff Cailo Alburo (“Plaintiff”), a minor, alleges that he was injured on November 10, 2022, when a high school physics class experiment at the Edward R. Roybal Learning Center went awry, resulting in an explosion that caused severe injuries to Plaintiff. Plaintiff, by and through his Guardian ad litem Dolores Alburo, filed the Complaint in this action on April 28, 2023, and a First Amended Complaint on July 14, 2023. ...
2024.01.31 Motion to Set Aside Default, Judgment 270
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.01.31
Excerpt: ...f, by and through her guardian ad litem, filed the Complaint in this action against Defendants County of Los Angeles – Fire Department; State of California – Highway Patrol; McCormick Ambulance; and Does 1 through 20. In the Complaint, Plaintiff asserts one cause of action for gross professional negligence arising out of (among other things) Defendants' alleged failure to treat Plaintiff properly at the scene of the accident. On August 23, 20...
2024.01.31 Motion to Continue 933
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.01.31
Excerpt: ... 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 granting or denying of con...
2024.01.31 Motion to Continue 377
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.01.31
Excerpt: ...e Trial. On January 18, 2024, Defendants DAMCO Distribution Services, Inc. and Victor Flores (collectively “Defendants”) filed a conditional joinder or in the alternative opposition to Plaintiff's motion. 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 wi...

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