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2024.04.16 Demurrer 561
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.04.16
Excerpt: ...), Slavko Ivanci c (Slavko), Gerald Fitzgerald and Susan Fitzgerald on September 7, 2000 (LASC Case No. BC236431). The initial action was voluntarily dismissed in 2002. Plaintiff refiled the action on July 17, 2018 against John and Slavko. On September 6, 2018, Slavko filed his Answer, along with his Cross -Complaint against Gerald and Susan Fitzgerald. Slavko died on November 13, 2018. Slavko's estate was substituted in a s a defendant on July 2...
2024.04.10 Motion for Judgment on the Pleadings 670
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.04.10
Excerpt: ... December 12, 2022. Defendant now moves for judgment on the pleadings based on the Request for Admissions that were deemed admitted against Plaintiff. Plaintiff opposes and Defendant replies. LEGAL STANDARD The standard for ruling on a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer, that is, under the state of the pleadings, together with matters that may be judicially noticed, it appears tha...
2024.04.10 Demurrer 555
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.04.10
Excerpt: ... counsel's motion to be relieved. Defendant now demurs to the second cause of action in Plaintiff's complaint, for general negligence. No opposition was filed. LEGAL STANDARD The primary function of a pleading is to give the other party notice so that it may prepare its case [citation], and a defect in a pleading that otherwise properly notifies a party cannot be said to affect substantial rights.” ( Harris v. City of Santa Monica (2013) 56 Cal...
2024.04.10 Motion to Continue Trial 688
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.04.10
Excerpt: ...s originally set for February 6, 2024. On January 5, 2024, pursuant to stipulation, the Court continued trial to August 6, 2024. ANALYSIS Legal Standard “Continuances are granted only on an affirmative showing of good cause requiring a continuance.”¿ ( In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.)¿ A trial court has broad discretion in considering a request for a trial continuance.¿ ( Pham v. Nguyen (1997) 54 Cal.App.4...
2024.04.10 Motion for Terminating Sanctions 181
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.04.10
Excerpt: ...To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose…sanctions against any one engaging in conduct that is a misuse of the discovery process.” (Code Civ. Proc. section 2023.030.) The court may impose a terminating sanction for misuse of the discovery process by any...
2024.04.10 Motion to Compel Deposition, to Continue Trial 817
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.04.10
Excerpt: ...es resulting from a motor vehicle accident. Plaintiffs now move to compel the deposition of Western Freight Carrier, Inc.'s person most qualified (“PMQ”). Plaintiffs also seeks monetary sanctions. Defendants Western Freight Carrier, Inc. (“Defendant”) opposes and seek monetary sanctions. Plaintiffs reply. LEGAL STANDARD Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any part...
2024.04.09 Motion to Set Aside Dismissal 244
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.04.09
Excerpt: ...learned that Plaintiff had passed away. (Motion, 3.) Believing that Plaintiff had no successor in interest, Plaintiff requested that the action be dismissed without prejudice. On July 13, 2023, the Court entered dismissal. On January 10, 2024, Plaintiff filed this motion to set aside the dismissal pursuant to Code of Civil Procedure section 473(b). No opposition has been filed. LEGAL STANDARD Under Code of Civil Procedure section 473(b), the Cour...
2024.04.09 Motion to Enforce Settlement 871
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.04.09
Excerpt: ...ary 18, 2024. Counsel for defendant submitted on the Court's tentative ruling. Counsel for Plaintiffs was registered to appear but did not. Plaintiffs appeared in Court indicating they wished to conte st the motion. Since Plaintiffs' counsel did not appear and failed to contact the Court, the motion was placed off calendar. Plaintiffs' counsel then filed this motion on January 22, 2024. No opposition has been filed. LEGAL STANDARD Pursuant to Cod...
2024.04.09 Motion to Compel Deposition 099
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.04.09
Excerpt: ...es 1 to 10 for negligence and negligent entrustment surrounding a motor vehicle accident. Plaintiffs alle ge that Matthew Ellison was driving the subject car, which was rented from and owned by The Hertz Corporation. Defendants Matthew Ellison and The Hertz Corporation (“Defendants”) now move to compel the depositions of Plaintiffs Eduard Davtyan and Grigor Davtyan (“Plaintiffs”). Defendants seek monetary sanctions. Plaintiffs oppose and ...
2024.04.09 Motion for Trial Preference 025
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.04.09
Excerpt: ...edly falling after being transported to her home from a health care facility. Plaintiff now moves for an order granting a preferential trial date in this action, pursuant to Code of Civil Procedure section 36, subdivision (a) (“Section 36(a)”), and alternatively under section 36(e), for trial within 120 days from the date of this he aring. Defendant OMID ADHC Corporation (“Defendant”) opposes and Plaintiff replies. A Non -Jury Trial is cu...
2024.04.09 Motion for Summary Judgment 564
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.04.09
Excerpt: ...ry Judgment 2. Plaintiff's Response to Separate Statement 3. Plaintiff's Objections to Evidence 4. Declaration of Gary M. Gsell 5. Declaration of John C. Sotter 6. Plaintiff's Compendium of Evidence REPLY PAPERS 1. Defendant's Reply 2. Defendant's Evidentiary Objections to Declaration of Gary M. Gsell 3. Defendant's Evidentiary Objections to Declaration of John C. Sotter BACKGROUND On May 2, 2022, Plaintiff Je'Don Hopkins (“Plaintiff”), filed...
2024.04.09 Motion for Judgment on the Pleadings 607
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.04.09
Excerpt: ...n a wrongful death and survival action based on neglige nce and premises liability. Plaintiffs are the parents of Decedent Christopher Ryan Brown (“Decedent”) who is alleged to have drowned during a pool party on Defendants' property. Defendants Bonnie Furgurson, James Furgurson, and Katherine Furgurson (“Defendants”) now move for judgment on the pleadings arguing that Plaintiffs have not stated facts to constitute a cause of action. In p...
2024.04.04 Motion for Summary Judgment, Adjudication 742
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.04.04
Excerpt: ...ement of Defendants 3. Declaration of Erin Dunkerly 4. Defendants' Compendium of Evidence in Support OPPOSITION PAPERS: 1. Plaintiffs' Memorandum of Points and Authorities in Opposition 2. Plaintiffs' Separate Statement in Opposition and Plaintiffs' Statement of Additional Undisputed Facts 3. Plaintiffs' Objections to Defendants' Evidence in Support 4. Compendium of Evidence in Support of Plaintiffs' Opposition REPLY PAPERS: 1. Defendants' Reply ...
2024.04.03 Motion for Summary Judgment, Adjudication 919
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.04.03
Excerpt: ...lternative, Summary Adjudication; Memorandum of Points and Authorities 2. Separate Statement of Undisputed Material Facts 3. Declaration of Amy Aquino in Support OPPOSITION PAPERS 1. Plaintiffs' Opposition 2. Plaintiffs' Response to Defendants' Separate Statement 3. Plaintiffs' Objections to Evidence 4. Declaration of Catherine Lerer in Support and Supporting Exhibits 5. Declaration of Roy Huntsman in Support and Supporting Exhibits 6. Notice of ...
2024.03.26 Motion to Strike 655
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.26
Excerpt: ...ing from an automobile incident. The complaint sets forth a single cause of action for negligence, and includes a prayer for punitive damages. Defendant now moves to strike the prayer for punitive damages and any and all reference to punitive or exemplary damages. Any opposition was due on or before March 13, 2024; the motion is unopposed. II. MOTION TO STRIKE 1. Meet and Confer Before filing a demurrer and motion to strike, the demurring and mov...
2024.03.26 Motion for Summary Judgment, Adjudication 620
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.26
Excerpt: ...Points and Authorities 2. Separate Statement of Undisputed Material Facts 3. Evidence in Support of Motion OPPOSITION PAPERS 1. Plaintiff's Opposition to Motion for Summary Judgment 2. Plaintiff's Statement of Genuine Issues Submitted in Opposition 3. Declaration of Brian T. Dunn and Exhibits 4. Defendant City of Los Angeles' Opposition to Defendant's Motion 5. Defendant City of Los Angeles' Opposition to Defendant's Separate Statement REPLY PAPE...
2024.03.22 Motion for Protective Order 242
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.22
Excerpt: ..., Plaintiff filed an amendment to the complaint, substituting Allstate Building and Office Maintenance, Inc. as Doe 1. On August 25, 2023, Defendant First Church of the Nazarene of Pasadena, individually and dba Sunrise Preschool, filed a cross complaint against Allstate Building and Office Maintenance, Inc. and Roes 1 to 50 for implied contractual indemnification, equitable indemnification, and declaratory relief. On September 20, 2023, Allstate...
2024.03.22 Motion for Leave to File Complaint 388
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.22
Excerpt: ...2023, Plaintiff filed an amendment to the complaint, substituting Allstate Building and Office Maintenance, Inc. as Doe 1. On August 25, 2023, Defendant First Church of the Nazarene of Pasadena, individually and dba Sunrise Preschool, filed a cross complaint against Allstate Building and Office Maintenance, Inc. and Roes 1 to 50 for implied contractual indemnification, equitable indemnification, and declaratory relief. On September 20, 2023, Alls...
2024.03.21 Motion to Quash 189
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.21
Excerpt: ... a motor vehicle accident that occurred on Ap ril 30, 2021. Vasquez was allegedly operating a vehicle while in the scope of employment with Red Bull. Plaintiff also alleges that Red Bull negligently “operated, owned, entrusted, managed, maintained, and/or repaired the subject motor vehicle.” (Complaint, 6.) On August 16, 2022, Plaintiff filed amendments to the complaint, substituting Red Bull Distribution Company, Inc. as Does 1, 11, 21, and ...
2024.03.21 Motion to Continue Trial 463
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.21
Excerpt: ..., 2023, the parties stipulated to continue trial to January 4, 2024. On July 5, 2023, Defendant's current counsel was substituted into the case. On September 18, 2023, the Court granted in part Defendant's motion to continue trial and all related dates to April 30, 2024. The Court denied the request to continue trial to August 2024. (Min. Order, 9/18/23.) ANALYSIS Legal Standard “Continuances are granted only on an affirmative showing of good c...
2024.03.21 Motion to Compel Responses 145
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.21
Excerpt: ... Defendant also seeks monetary sanctions. The motions were originally scheduled for March 14, 2024 and March 15, 2024. Plaintiff filed untimely oppositions on March 13, 2024, and the Court continued the hearings to the present date. (Min. Order 3/14/24.) On March 18, 2024, Defendant filed a reply. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an ...
2024.03.21 Motion for Leave to Intervene 460
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.21
Excerpt: ...and Humberto Silva did not respond to the complaint. On January 10, 2023, the Court entered default against Humberto Silva. On July 5, 2023, the Court entered default against Legacy Freight Lines. On November 27, 2023, non -party United Specialty Insurance Company (“United”) filed the instant motion for leave to intervene and defend the action brought against Legacy Freight Lines and Humberto Silva. No opposition has been filed. LEGAL STANDAR...
2024.03.19 Motion for Summary Judgment 389
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.19
Excerpt: ...s in Opposition 3. Plaintiff's Evidence in Opposition REPLY PAPERS 1. Defendant's Reply 2. Defendant's Reply to Plaintiff's Separate Statement 3. Declaration of Jessica Kim in Support BACKGROUND On May 7, 2021, Plaintiff Ashout Shahnazarian (“Plaintiff”) filed a complaint against Defendants Route 66 Collision Center, Inc., Gevorg Nersisyan, and Does 1 to 100 for negligence and premises liability. Plaintiff alleges that on October 4, 2019, he ...
2024.03.19 Motion for Leave to File FAC 174
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.19
Excerpt: ...s negligently hired, trained, supervised its employees. On August 24, 2023, Plaintiff filed an amendment to the complaint, substituting Krishan Patel (“Patel”) as Doe 1. On February 22, 2024, Plaintiff filed the instant motion for leave to file an amended complaint to add a cause of action for intentional tort (assault and battery) against Patel and to allege gross negligence and a prayer for punitive damages against Defen dants Grandview Inn...
2024.03.19 Demurrer 266
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.19
Excerpt: ...nulfo Solis Bermejo as Doe 2. Defendant Arnulfo Solis Bermejo (“Defendant”) now demurs to the complaint for failing to state facts to constitute a cause of action and for uncertainty. Plaintiff opposes and Defendant replies. LEGAL STANDARD A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading (complaint, answer or cr...
2024.03.18 Motion for Summary Judgment, Adjudication 486
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.18
Excerpt: ...POSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Declaration of Anthony M. Crisci; and Exhibits. 2. Plaintiff's Response to Defendant's Separate Statement 3. Objections to Evidence Submitted in Support of Plaintiff's Opposition REPLY PAPERS: 1. Defendant's Reply 2. Defendant's Response to Plaintiff's Separate Statement 3. Reply to Plaintiff's Response to Defendant's Separate Statement 4. Notice of Errata BACKGROUND Plaintiff Januari...
2024.03.18 Motion to Reopen Discovery or for Protective Order 959
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.18
Excerpt: ...ruary 14, 2022. On April 27, 2023, pursuant to stipulation, the Court continued trial and all related deadlines to February 1, 2024. At the January 18, 2024 final status conference, pursuant to oral stipulation, the Court continued trial to February 15, 2024. All discovery remained closed and the pre- trial motion cut off was in effect. (Min. Order, 1/18/24.) On January 26, 2024, the Court granted in part Defendant's ex parte application, and con...
2024.03.18 Motion to Permit Two IMEs 975
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.18
Excerpt: ...s. Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant)” now moves to allow a neurological examination and orthopedic examination of Plaintiff on the same date. No opposition was filed. At the hearing for this motion, Plaintiff did not appear. The Court posted a tentative ruling indicating that the Court was inclined to grant in part and deny in part Defendant's motion. The Court granted Defendant's request for a co...
2024.03.18 Motion to Quash Service of Doe Amendment 215
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.18
Excerpt: ...t to the complaint, substituting Miguel Magallon as Doe 1. Specially Appearing Defendant Miguel Magallon (“Magallon”) now moves to quash the Doe Amendment. No opposition has been filed. LEGAL STANDARD “A defendant . . . may serve and file a notice of motion for one or more of the following purposes:¿ (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. . . .”¿(Code Civ. Proc., § 418.10(a)....
2024.03.14 Motion to Compel Deposition 804
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.14
Excerpt: ...mat. Plaintiff now moves to compel the deposition of North Atlantic Investment Co., LLC's (“Defendant”) president, Moon Y. Kang. Plaintiff also seeks monetary sanctions. Defendant opposes and Plaintiff replies. LEGAL STANDARD “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party . . . , without having served a valid objection under Section 2025.410, fails to appear f...
2024.03.13 Motion to Compel Docs in First Amended Deposition Notice 815
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.13
Excerpt: ...ed th e complaint to allege Southern California Edison Company as Doe 1. On October 13, 2023, Defendant served a deposition notice on Plaintiff, requesting a deposition and request for production on October 24, 2023. (Yegazarian Decl. ¶ 8, Exh. D.) Plaintiff did not file any objections and appeared for the deposition without pr oducing said documents. (Ibid.) Defendant now moves to compel the production of the documents requested in the depositi...
2024.03.13 Motion for Leave to Conduct IME 658
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.13
Excerpt: ...e accident that allegedly occurred on June 15, 20 20. Defendants now move for leave to conduct a neuropsychological examination of Plaintiff, with Dr. Manuel Saint Martin, M.D. on March 20, 2024. Plaintiff opposes and Defendants reply. LEGAL STANDARD “If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain lea...
2024.03.13 Demurrer 323
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.13
Excerpt: ...ndez dba H&H Pallet Company, and Does 1 to 50 for negligence and negligence per se. On August 2, 2023, Plaintiffs filed an amendment to the complaint, substituting Defendant Tere Pallets Corporation (“Defendant”), as Doe 26. Defendant now demurs to the entire complaint on the basis that it fails to state facts to constitute a cause of action. Plaintiffs oppose and Defendant replies. LEGAL STANDARD The primary function of a pleading is to give...
2024.03.12 Motion to Set Aside and Vacate Dismissal 392
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.12
Excerpt: ...e Ahyden Herrera is a minor, Aida was appointed guardian ad litem on March 11, 2019. On June 28, 2022, Plaintiffs filed a notice of settlement of the entire case. On September 14, 2022, Plaintiffs' action was dismissed with prejudice, pursuant to Plaintiffs' request for dismissal. (Dismissal filed 9/13/22.) On February 21, 2024, Plaintiffs filed the instant motion to set aside and vacate the dismissal so that they may file a petition to approve a...
2024.03.12 Motion to Quash Subpoena 618
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.12
Excerpt: ...ry 22, 2019. On November 8, 2023, Defendants Jerome Lee Brandehoff and The Hertz Corporation (“Defendants”) issued a subpoena for records to T -Mobile USA, Inc., seeking Plaintiff's phone records for the entire day of the incident. Plaintiff now moves to quash the subpoena, arguing that it is irrelevant, overly board, violates her right of privacy, and not compliant with the Code of Civil Procedure. Plaintiff also seeks monetary sanctions. De...
2024.03.12 Motion to Compel Deposition 151
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.12
Excerpt: ...while Plaintiff was riding on a bus. On December 30, 2021, Plaintiff filed an amendment to the complaint, substituting Defendant Antoine Dean Jackson (“Jackson”) as Doe 2. On March 25, 2022, Jackson filed an answer. On December 11, 2023, Jackson filed a cross complaint against Los Angeles County Metropolitan Transportation Authority (“LACMTA”). LACMTA now moves to compel Jackson's deposition. LACMTA also seeks monetary sanctions. Jackson ...
2024.03.12 Motion for Terminating Sanctions 475
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.12
Excerpt: ...NDARD “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose…sanctions against any one engaging in conduct that is a misuse of the discovery process.” (Code Civ. Proc. section 2023.030.) The court may impose a terminating sanction for misuse of the discovery proce...
2024.03.12 Motion for Summary Judgment, Adjudication 267
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.12
Excerpt: ...Shumsdean Ismail 5. Declaration of Counsel Richard Nagby OPPOSITION PAPERS 1. None filed. REPLY PAPERS 1. None filed. BACKGROUND On November 2, 2021, Plaintiff Amanda Williams (“Plaintiff”) filed a complaint against Defendants Sufi Ismail, Cars4Less, Salvador Cisneros, and Does 1 to 100 for negligence surrounding a motor vehicle accident. The complaint alleges that the motor vehicle accident occurred on September 24, 2020, on the 110 freeway....
2024.03.08 Motion to Compel Deposition 299
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.08
Excerpt: ...s and Defendant replies. LEGAL STANDARD “If, after service of a deposition notice, 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 . . . described in th e deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspe...
2024.03.08 Motion to Compel Physical Exam, Psychiatric Exam 299
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.08
Excerpt: ...t medical examinations. Plaintiff opposes and Defendant replies. LEGAL STANDARD ¿ Physical Examination “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 satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2) The examination is conducted at...
2024.03.08 Motion to Compel Further Responses, for Monetary Sanctions 046
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.08
Excerpt: ... Defendant Smart & Final Stores, LLC (“Defendant”) with Demand for Production of Documents, Set Two. (Guillen Decl. ¶ 3, Exh. A.) The responses were due on November 14, 2023. (Id. ¶ 3.) Plaintiff asserts she did not gra nt any extensions to respond. On November 28, 2023, Plaintiff informed Defendant that responses were late and demanded responses, without objections, by December 1, 2023. On November 29, 2023, Defendant served responses with...
2024.03.07 Motion to Tax Costs 330
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.07
Excerpt: ...e fective treadmill at a gym. The complaint alleges causes of action for negligence and premises liability. Guillermo Munoz Mirano, Berta Mirano's husband, also alleges a cause of action for loss of consortium. On July 7, 2021, Defendant Fitness International, LLC (“Defendant”) filed an answer. On September 28, 2023, the Court granted Defendant's motion for summary judgment. Judgment for Defendant was entered on November 13, 2023. On November...
2024.03.07 Motion to Set Aside Dismissal 265
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.07
Excerpt: ...either party. On January 8, 2024, the case was called for trial and there was no appearance by Plaintiff, and no service in this case. As a result, the Court dismi ssed the complaint filed by Plaintiff pursuant to Code of Civil Procedure section 581(b)(3). (Min. Order, 1/8/24.) On February 23, 2024, Plaintiff filed this motion to set aside the dismissal pursuant to Code of Civil Procedure section 473(b). No opposition has been filed. LEGAL STANDA...
2024.03.07 Motion for Leave to Amend Complaint 528
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.07
Excerpt: ... the Court, Defendants Harrie Cohen and Evan Cohen filed a cross complaint against 118 Clark Homeowners Association. On January 11, 2024, Plaintiff filed an amendment to the complaint, substituting Defendant 118 Clark Homeowners Association (“Defendant”) as Doe 1. On February 9, 2024, Plaintiff filed the instant motion for leave to file an amended complaint to assert that Doe 1 is a corporation. Defendant opposes and Plaintiff replies. LEGAL ...
2024.03.07 Demurrer 702
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.07
Excerpt: ...AHF, and that Defendant failed to respond to warnings about a violent tenant who later shot Plaintiff on July 26, 2022. (Complaint ¶ 42.) ¿ On November 8, 2023, AHF filed a cross complaint against County of Los Angeles, County of Los Angeles' Sheriff's Department, Omar Deayon, and Does 1 to 10 for failure to perform a mandatory duty and equitable indemnity. AHF alleges that it obtained a writ of possession against the tenant who shot Plaintiff,...
2024.03.06 Motion to Tax Costs 692
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.06
Excerpt: ...dventist Health) (collectively, “Defendants”). On October 1, 2021, Defendants filed an answer. On September 11, 2023, the Court granted Defendants' motion for summary judgment. Judgment for Defendants was entered on January 5, 2024. On January 9, 2024, Defendants filed and served notice of the entry of the judgment. On January 19, 2024, Defendants filed and served electronically, its Memorandum of Costs (forms MC -010 and MC -011), claiming $...
2024.03.06 Motion to Strike Second Supplemental Expert Designation 368
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.06
Excerpt: ...scheduled for July 21, 2022. On July 20, 2022, the Court granted Plaintiff's ex parte application and continued trial to November 8, 2022. On October 6, 2022, pursuant to stipulation, the Court continued trial and all related dates to March 1, 2023. On January 27, 2023, pursuant to stipulation, the Court continued trial and all related dates to May 15, 2023. On April 27, 2023, pursuant to stipulation, the Court continued trial to September 27, 20...
2024.03.06 Motion to Compel Further Responses 421
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.06
Excerpt: ...ember 21, 2022, Plaintiff Rosa Yen (“Plaintiff”) propounded Form Interrogatories, Set One on Defendant Ernesto Ramos Esparza (“Defendant”). (Padgette Decl. ¶ 2, Exh. 1.) Defendant served responses dated December 13, 2022, after receiving multiple ex tensions. (Id. ¶ 3, Exh. 2.) Plaintiff moves to compel further responses to Form Interrogatories, Set One. Plaintiff argues Defendant has only asserted boilerplate objections. Plaintiff requ...
2024.03.06 Motion for Summary Judgment, Adjudication 323
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.06
Excerpt: ...udgment, or in the Alternative Summary Adjudication 3. Request for Judicial Notice 4. Evidence in Support of Defendants' Motion OPPOSITION PAPERS: 1. Memorandum of Points and Authorities in Support of Plaintiff's Opposition 2. Plaintiff's Separate Statement of Disputed and Undisputed Material Facts and Additional Disputed Facts 3. Request for Judicial Notice 4. Declaration of Oscar A. Bustamante 5. Declaration of Demetra Lipkins 6. Declaration of...
2024.03.06 Motion for Judgment on the Pleadings 091
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2024.03.06
Excerpt: ...injuries related to a motor vehicle accident that occurr ed on January 14, 2022. On December 16, 2022, Cross Complainants Gregory Wyatt Kupka and Nancy E. Kupka (“Cross Complainants”) filed an answer and cross complaint against Cross Defendants Glendale Fire Department and Connor James Crampton (“Cross Defendants”) for indemnity and co ntribution. On December 7, 2023, Cross Defendants filed an answer to the cross complaint. Cross Defendan...

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