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2023.10.17 Motion for Summary Judgment 233
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.10.17
Excerpt: ...s and Authorities 2. Separate Statement of Disputed Facts in Opposition 3. Plaintiff's Objection to Defendant's Evidence 4. Declaration of Analicia Avila 5. Declaration of Payman Heravi BACKGROUND On September 15, 2020, Plaintiff Payman Heravi (Plaintiff) filed a complaint against Defendants City of Los Angeles, 19923 Ventura LLC, and Does 1 to 50 for premises liability after he tripped on a sidewalk. In pertinent part, Plaintiff alleges that the...
2023.10.09 Motion to Strike 971
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.10.09
Excerpt: ...September 26, 2023. No opposition has been filed. LEGAL STANDARD California law authorizes a party's motion to strike matter from an opposing party's pleading if it is irrelevant, false, or improper. (Code Civ. Proc. §§ 435; 436(a).) Motions may also target pleadings or parts of pleadings which are not filed or drawn in conformity with applicable laws, rules or court orders. (Code Civ. Proc. § 436(b).) A motion to strike is used to address def...
2023.09.29 Motion for Terminating Sanctions 497
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.29
Excerpt: ...ourt granted Defendants' motions to compel Plaintiff's deposition, and responses to Special Interrogatories and Requests for Production. (Min. Order, May 18, 2023.) The Court ordered Plaintiff to appear for a deposition and serve verified responses to the SROG and RPD, without objections, within 30 days of notice of the order. Plaintiff did not appear at the hearing. A proof of service of the notice of ruling was filed on May 19, 2023. Defendants...
2023.09.29 Motion for Summary Judgment 804
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.29
Excerpt: ...Plaintiff's Opposition to Defendant's Motion for Summary Judgment 2. Plaintiff's Response to Defendant's Separate Statement and Plaintiff's Additional Facts 3. Declaration of Marguerite S. Sanvictores and Evidence in Support 4. Defendant Pacific Bell Telephone Company's Opposition 5. Pacific Bell's Evidentiary Objections to City of Huntington Park's Evidence 6. Pacific Bell's Response to City's Separate Statement 7. Pacific Bell's Declaration of ...
2023.09.29 Motion for Summary Judgment 084
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.29
Excerpt: ...PPOSITION PAPERS: 1. Memorandum of Points and Authorities in Opposition 2. Plaintiff's Separate Statement in Opposition 3. Response to Defendant's Undisputed Material Facts REPLY PAPERS: 1. Defendants' Reply to Plaintiff's Opposition to Motion for Summary Judgment 2. Reply to Plaintiff's Response to Separate Statement 3. Objection to Declaration of Gary Gsell BACKGROUND Plaintiff Daryl Keith Roach (Plaintiff) sued the City of Beverly Hills (“De...
2023.09.28 Motion to Continue Trial 423
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.28
Excerpt: ...d to October 30, 2023 by stipulation. Defendant now moves to continue trial to September 23, 2024 or later, and to continue all pre- trial and trial-related dates in accordance. 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 con...
2023.09.28 Motion to Compel IME, Deposition 537
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.28
Excerpt: ...ow moves to compel an independent medical examination of Plaintiff, as well as Plaintiff's deposition, and seeks sanctions. In the alternative, Defendant also seeks to dismiss Plaintiff's action with prejudice. No oppositions have been filed. LEGAL STANDARD Motion to Compel IME “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...
2023.09.28 Motion for Summary Judgment, Adjudication 330
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.28
Excerpt: ...vidence in Support including Lodged Video Exhibits. OPPOSITION PAPERS 1. Plaintiff's Memorandum in Opposition to Defendant's Motion for Summary Judgment 2. Plaintiff Berta Mirano's Declaration in Support 3. Plaintiff Guillermo Munoz Mirano's Declaration in Support 4. Plaintiff's Opposition to Defendant's Separate Statement of Disputed Material Facts 5. Plaintiff's Index of Exhibits and Exhibits in Support REPLY PAPERS 1. Reply to Plaintiffs' Oppo...
2023.09.28 Motion for Summary Judgment 622
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.28
Excerpt: ...3. Separate Statement of Undisputed Facts OPPOSITION PAPERS 1. Plaintiffs' Opposition to Defendant's Motion for Summary Judgment 2. Plaintiffs' Request for Judicial Notice 3. Declaration of Armand Kizirian 4. Plaintiff's Separate Statement of Disputed Material Facts 5. Declaration of Armand Kizirian Requesting Continuance of Hearing REPLY PAPERS 1. Reply in Support of Motion for Summary Judgment; Declaration of Greg Bunch 2. Reply to Plaintiff's ...
2023.09.28 Demurrer 870
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.28
Excerpt: ... to assert a statutory basis for negligence and premises liability since Defendant is a public entity; (2) fails to identity any defective aspect of the physical condition on the property; and (3) fails to allege notice. 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 b...
2023.09.27 Motions to Compel Answer at Deposition and Manner of Resuming Deposition 420
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.27
Excerpt: ...tates was a little more than an hour into the deposition, the connection froze and the deposition was paused for technical difficulties. (Motion at pg. 3; Reply at Exh. 1, pg. 47.) Around 11:46, the court reporter indicated likely difficulty with taking down the record. (Id. at pg. 49.) Around 11:51, the defendant asked for a break to find another location, given that he was outside at his school. (Id. at pg. 52.) The parties went off the record ...
2023.09.27 Motion for Summary Judgment 432
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.27
Excerpt: ...ndum of Points and Authorities in Opposition 2. Plaintiff's Separate Statement in Opposition 3. Declaration of Eric A. Forstrom in Support of Plaintiff's in Opposition to Motion for Summary Judgment REPLY PAPERS: 1. Defendants' Reply to Plaintiff's Opposition to Motion for Summary Judgment BACKGROUND Plaintiff Sanjuanita Rios (Plaintiff) sued 1815 E. Workman, LLC. and John T. Tsai (“Defendants”) for negligence and premises liability. Plaintif...
2023.09.27 Motion for Judgment on the Pleadings 052
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.27
Excerpt: ...WP), City of Bishop, and County of Inyo, and Does 1 to 45, for the death of their son, decedent Dutch Benjamin Abbott, after he came into contact with a carnivorous Naegleria fowleri amoeba in a man-made water pond. On January 8, 2021, LADWP filed an answer. The complaint alleges three causes of action: (1) statutory liability/dangerous condition on public property; (2) statutory liability/ breach of mandatory duties; and (3) negligence. LADWP no...
2023.09.27 Demurrer 722
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.27
Excerpt: ...FAC) alleges that on September 2, 2020, a tree owned, maintained, and controlled by Defendant impacted Plaintiffs' vehicle and caused a collision. The FAC alleges causes of action for negligence and premises liability and was brought against the City of Los Angeles, County of Los Angeles, and Does 1 to 50. On May 26, 2023, Plaintiffs added Defendant to the FAC as Doe 1. Defendant now demurs arguing that the negligence and premises liability cause...
2023.09.26 Motion for Summary Judgment, Adjudication 840
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.26
Excerpt: ...s. OPPOSITION PAPERS 1. Plaintiff's Opposition to Defendant's Motion for Summary Judgment 2. Plaintiffs' Request for Judicial Notice 3. Plaintiff's Separate Statement of Disputed Material Facts and Additional Undisputed Material Facts in Opposition 4. Evidence in Support of Plaintiff's Opposition REPLY PAPERS 1. Memorandum of Points and Authorities in Reply to Plaintiff's Opposition 2. Response to Plaintiff's Statement of Additional Facts BACKGRO...
2023.09.26 Motion for Relief from Government Code 945.4, to Submit Late Claim 971
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.26
Excerpt: ... on his claims against Respondent City of Pico Rivera. Respondent opposes the motion. LEGAL STANDARD Pursuant to the Government Claims Act, a party with a claim for damages against a public entity must first timely present the claim directly with that entity.¿ The party may file a lawsuit only if the public entity denies or rejects the claim (either expressly or by operation of law). (Gov. Code §§ 905, 945.4; City of Ontario v. Superior Court ...
2023.09.21 Motion to Continue Trial 631
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.21
Excerpt: ... October 5, 2023 by stipulation. On August 23, 2023, the Court granted Defendant's ex parte application and continued the trial to October 23, 2023 and the final status conference to October 9, 2023. Defendant now moves to continue trial to January 5, 2024 or later, and to continue all pre-trial and trial-related dates in accordance. In their notice of non-opposition, filed on September 15, 2023, Defendant asserts that Plaintiff is agreeable to t...
2023.09.21 OSC Re Dismissal 669
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.21
Excerpt: ..., and exclusively has represented Plaintiff since then. (Id.) On May 2, 2023, the parties entered into a settlement agreement and a settlement check was made payable to Plaintiff Melissa Rosapapan, McElfish Law Firm, and Panah Law Firm. D Hess Panah and McElfish have asserted a lien for their attorney's fees. (Motion at pg. 3.) Plaintiff asserts, through her counsel McElfish Law Firm, that D. Hess Panah has refused to endorse the settlement check...
2023.09.21 OSC Re Proper Venue 528
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.21
Excerpt: ...her venue is proper in Los Angeles County, (2) whether any objection regarding venue has been waived, and (3) whether the Court may consider and rule on the venue issue sua sponte without a motion by Defendant. LEGAL STANDARD Pursuant to Code of Civil Procedure section 395(a), in an action for personal injuries, the “superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants...
2023.09.20 Motion for Leave to File FAC 227
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.20
Excerpt: ...tion against Defendants Marco Antonio Luevano and J.B. Hunt Transport, Inc., based on an incident in which Defendants' vehicle struck Decedent Chen Hsueh Chang at an intersection, eventually resulting in Decedent's death. On May 19, 2023, the Court granted in part Defendants' motion for summary adjudication as to the following: - First Cause of Action – Negligence as to Plaintiffs - Second Cause of Action – Negligent Hiring, Retention or Supe...
2023.09.20 Motion to Compel Mental Exam 342
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.20
Excerpt: ...ral negligence and (2) motor vehicle. The Complaint alleges that on or about October 6, 2017, “Defendant owned and/or operated his/her vehicle negligently and carelessly, proximately causing property damage and personal injury to Plaintiff.” (Complaint, p. 4 (Attachment to Complaint).) On May 11, 2020, the Court ordered this case (19STCV25342) and 19STCV34112 related within the meaning of California Rules of Court, rule 3.300(a). On June 25, ...
2023.09.20 Motion for Summary Judgment, Adjudication 695
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.20
Excerpt: ...t of Undisputed and Material Facts 4. Target Corporation's Index of Exhibits OPPOSITION PAPERS 1. None filed. REPLY PAPERS 1. None filed. BACKGROUND On December 14, 2021, Plaintiff Gladys Sepedjian filed a complaint against Defendant Target Corporation, Mario Rodriguez, and Does 1-100 for injuries allegedly caused by a ball that was in the aisle of Defendants' premises. Defendant Target Corporation (Target) now moves for summary judgment, or in t...
2023.09.20 Motion to Compel Deposition 243
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.20
Excerpt: ...ctions. No opposition has been filed. LEGAL STANDARD Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A party desiring to take an oral deposition shall give a notice in writing which states the specification of reasonably particularly of any materials to be produced by the deponent. (Code Civ. Proc., § 2025.220, subd. (a)(4).) ...
2023.09.19 Motion to Set Aside Dismissal 145
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.19
Excerpt: ...her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” In addition, a court must vacate a default or dismissal when a motion for relief under Section 473, subdivision (b) is filed timely and accompanied by an attorney's sworn affidavit attesting to the attorney's mistake, inadvertence, surprise or neglect “unless the co...
2023.09.19 Motion to Grant Commission to Take Deposition Outside of California 811
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.19
Excerpt: ...e §11580.2(f)(2) and Miranda v. 21 st Century Ins. Co. (2004) 117 Cal.App.4th 913, 921-926. Petitioner filed the petition to bring before the court a discovery dispute between parties to the pending Uninsured Motorist Arbitration (the “Arbitration”). The arbitration and this petition arise from an automobile collision that occurred on September 15, 2020. The at-fault driver, Yaris Rodriguez, was operating her vehicle without adequate insuran...
2023.09.19 Motion to Continue Trial 437
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.19
Excerpt: ...t amended complaint (FAC) was filed on February 10, 2022. The answers were filed March 17, 2022. The trial date initially set for May 2, 2023 was continued to October 24, 2023. On May 19, 2023, Defendants moved for summary judgment with a hearing date of May 20, 2024, the earliest available date. Defendants now move to continue trial so that their motion for summary judgment can be heard before trial. In the alternative, Defendants ask the Court ...
2023.09.19 Motion for Summary Judgment 503
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.19
Excerpt: ...ion for Summary Judgment 2. Declaration of David K. Dorenfeld and Exhibits 3. Plaintiff's Separate Statement of Genuine Issues of Disputed Material Facts REPLY PAPERS 1. Reply Brief 2. Evidentiary Objections to Plaintiff's Evidence 3. Reply to Opposition to Defendant's Separate Statement of Undisputed Material Facts and Supporting Evidence; Response to Plaintiff's Additional Facts BACKGROUND On October 12, 2021, Plaintiff Clayton Hosmann filed a ...
2023.09.19 Demurrer, Motion to Strike 526
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.19
Excerpt: ...intiff's complaint. Defendants argue that Plaintiff has failed to state facts sufficient to constitute a cause of action for the following: - First Cause of Action for Battery - Third Cause of Action for Intentional Infliction of Emotional Distress - Fourth Cause of Action for Fraudulent Concealment - Fifth Cause of Action for Private Nuisance - Sixth Cause of Action for Public Nuisance - Seventh Cause of Action for Breach of Contract Defendants ...
2023.09.19 Motion to Compel Answers to Questions Not Answered at Deposition 417
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.19
Excerpt: ...ven Jagoda Co. Tr.; Justin K. Jagoda; Steven D Co. Tr and Justin Jagoda Trust; and Does 1 to 50, claiming the assault took place on Defendants' property (“the Property”). On April 18, 2023 Plaintiff took the deposition of Justin Jagoda (Defendant) and asserts that Defendant improperly refused to answer certain questions about the owners of the property by his counsel's direction. Plaintiff now moves to Compel Answers to Questions Not Answered...
2023.09.15 Motion to Strike 517
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.15
Excerpt: ...ortions of the complaint: 1) Page 2 lines 24-25: “UNDER THE INFLUENCE OF A SUBSTANCE, (despicable conduct)” 2) Page 2, line 27: “UNDER THE INFLUENCE OF A SUBSTANCE, (despicable conduct)” 3) Page 2, line 28: “be under” and page 3 lines 1: “the influence and” 4) Page 5, line 8: “6. For punitive damages” No opposition has been filed. LEGAL STANDARD California law authorizes a party's motion to strike matter from an opposing party...
2023.09.15 Motion to Quash Subpoenas 206
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.15
Excerpt: ...laintiff argues the subpoena for his employment records is (1) an invasion of his privacy; (2) or in the alternative, overly broad in scope. LEGAL STANDARD Code of Civil Procedure § 1987.1(a) provides: If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon mot...
2023.09.15 Motion to Continue Trial 975
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.15
Excerpt: ...omplaint was filed on August 4, 2022. On March 15, 2023, LACMTA was served with the summons and complaint. On June 14, 2023, LACMTA filed an answer. On June 15, 2023, LACMTA filed a cross-complaint against the City of Los Angeles (the City). On June 28, 2023, the City filed a cross-complaint against LACMTA. On July 18, 2023, LACMTA filed an answer to the cross-complaint. On August 18, 2023, LACMTA brought this motion to continue trial. The City d...
2023.09.15 Motion to Continue Trial 826
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.15
Excerpt: ...oved to continue trial, arguing that Defendant had not been served. On June 12, 2023, Plaintiff filed proof service of the summons and complaint on Defendant. On June 27, 2023, Defendant filed their answer. Trial is set for December 15, 2023. Plaintiff moves to continue the trial to at least December 27, 2024 in order for discovery to occur. ANALYSIS Legal Standard “Continuances are granted only on an affirmative showing of good cause requiring...
2023.09.15 Motion to Continue Trial 620
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.15
Excerpt: ...aint was filed on January 29, 2021. The first amended complaint (FAC) was filed on July 14, 2021 against the City of Los Angeles (the City) and Does 1 to 100. On July 22, 2021, Defendants were substituted for Does 51 and 52. On September 3, 2021, the City filed a cross-complaint against ROES 1 to 20. On September 21, 2021, Defendants filed an answer to the FAC and a cross- complaint against the City and ROES 1 to 100. The City filed an answer to ...
2023.09.15 Demurrer to SAC 171
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.15
Excerpt: ...pposition was filed. ANALYSIS 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 cross-complaint). (Code Civ. Proc. §§ 422.10, 589; see Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) It is not the function of the demurrer to challenge the truthfulness of the complaint; and for pur...
2023.09.13 Demurrer 845
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.13
Excerpt: ...nilla allegedly drove over Plaintiff Larry Chavez Jr.'s foot at Port D of the Port of Long Beach. (Complaint ¶ 1.) Plaintiff was employed by Curtin at the time, and Bonilla was employed by the Ventura Transfer Company. (Complaint ¶ 9.) Plaintiff was guiding a container to Curtin's barge when the incident occurred. (Complaint ¶ 8–10.) Plaintiff filed an action against Bonilla and Ventura. Then, on April 21, 2023, Ventura filed a cross-complai...
2023.09.13 Demurrer 040
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.13
Excerpt: ...1, Plaintiff's daughter, Dorothea Johnson, was shot and killed on Defendants' premises, an apartment complex. The FAC alleges that Defendants' agents and employees knew that people carrying dangerous firearms gathered in their parking lot, and that Defendants did nothing to prevent these gatherings. She also alleges the gatherings posed a threat to the residents of the apartment complex and that Defendants negligently hired and/or supervised secu...
2023.09.13 Motion for Summary Adjudication 485
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.13
Excerpt: ...PERS 1. Opposition to Motion for Summary Adjudication; Memorandum of Points and Authorities 2. Cross-Defendant's Response to Defendant's Separate Statement of Undisputed Facts 3. Declaration of Frederick J. Ufkes with Attached Exhibits REPLY PAPERS 1. Reply Brief 2. Request for Judicial Notice BACKGROUND On August 20, 2019, Plaintiffs Winnie Cheung and Michael Cheung (Plaintiffs) filed a motor vehicle/pedestrian wrongful death action against Vann...
2023.09.13 Motion to Compel Mental Exam 346
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.13
Excerpt: ...o compel Plaintiff to submit to a mental examination at 9 a.m. on October 16, 2023 with Charles Hinkin, PhD, a neuropsychologist. Plaintiff opposes and Defendant replies. LEGAL STANDARD Except for defense physical examinations in personal injury cases (in which one examination is permitted as a matter of course) and examinations arranged by stipulation, a court order is required for a physical or mental examination. Such order may be made only af...
2023.09.13 Motion to Compel Non-Party Deposition 250
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.13
Excerpt: ... Plaintiff filed their First Amended Complaint. On August 2, 2023, Plaintiff moved to compel the deposition of Non-Party Google LLC's (Google) Person Most Knowledgeable. Plaintiff asserts that he properly served a valid deposition subpoena for personal appearance with production of records on Google LLC, who refused to appear. LEGAL STANDARD Code of Civil Procedure § 2025.450(a) provides, “If, after service of a deposition notice, a party to t...
2023.09.12 Motion to Compel Deposition 796
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.12
Excerpt: ...seeks monetary sanctions against Plaintiff and Plaintiff's counsel. This motion is unopposed. LEGAL STANDARD Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify, as well as to produce documents for inspection an...
2023.09.12 Motion for Summary Judgment 647
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.12
Excerpt: ...Support OPPOSITION PAPERS 1. Opposition to Motion for Summary Judgment 2. Declaration of Omid Khorshidi 3. Plaintiff's Response to Defendants' Separate Statement of Undisputed Facts; Plaintiff's Additional Undisputed Facts 4. Index of Exhibits in Support of Plaintiff's Opposition REPLY PAPERS 1. Reply Brief 2. Declaration of Marjorie E. Motooka 3. Defendants' Response to Plaintiff's Additional Separate Statement of Undisputed Material Facts BACKG...
2023.09.07 Motion to Strike Punitive Damages 727
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.07
Excerpt: ... the motion. ANALYSIS Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322(b).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with th...
2023.09.07 Motion to Compel Further Responses 749
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.07
Excerpt: ...usly moved the Court for an order compelling Defendant E&S Management Ring Corp. (“Defendant”) to serve further responses to Plaintiff's Supplemental Interrogatories (Set One), Demand for Production of Documents (Set One), and Request for Production (Set Two) Nos. 61, 62, 64, and 65. On June 27, 2023, Defendant filed a consolidated opposition regarding the document requests. Plaintiff filed a reply on June 28, 2023. An information discovery c...
2023.09.07 Motion to Compel Deposition 169
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.07
Excerpt: ..., Jorge Rene Salguero, and Colich & Sons, LP., for negligence. Plaintiff moves to compel the deposition of Defendant Jorge Rene Salguero and Defendant Colich & Sons, L.P.'s Person Most Knowledgeable. LEGAL STANDARD Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a part...
2023.09.07 Motion for Summary Judgment 573
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.07
Excerpt: ...tly rear-ended Plaintiff on the freeway. Plaintiff also alleges that Defendant Olga Felix co-owned the vehicle Brenda was driving and entrusted it to her. (See Complaint at MV-2.) Defendant Olga Felix now moves for summary judgment. Any opposition was due on or before August 24, 2023. To date, no opposition has been filed. LEGAL STANDARD Summary judgment is proper “if all the papers submitted show that there is no triable issue as to any materi...
2023.09.06 Motion for New Trial 561
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.09.06
Excerpt: ...d Susan Fitzgerald on September 7, 2000 (LASC Case No. BC236431). The initial action was voluntarily dismissed in 2002. John died on August 1, 2012. 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 as a defendant on July 22, 2022. [1] On July 2...
2023.08.24 Motion to Remove Guardian Ad Litem, Seal Records, Summary Judgment, Adjudication 576
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.24
Excerpt: ...Litem) (4) Motion for Summary Judgment, or in the Alternative, Summary Adjudication (Tentative Ruling below) MOVING PARTIES (1) Nonparty Antoine Montini (2) Nonparty Antoine Montini (3) Plaintiff Marz Holden-Montini, by and through his Guardian Ad Litem Beth Holden (4) Defendant Benjamin Reininger OPPOSING PARTIES (1) Plaintiff Marz Holden-Montini, by and through his Guardian Ad Litem Beth Holden (2) None (3) None (4) Plaintiff Marz Holden-Montin...
2023.08.24 Motion to Compel Arbitration and Stay Action 969
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.24
Excerpt: ...and enforceable arbitration agreement; (2) Plaintiff's claims fall within the scope of the arbitration agreement, and (3) the parties delegated to the arbitrator issues of arbitrability. Plaintiffs oppose the motion. REQUEST FOR JUDICIAL NOTICE The court may take judicial notice of “facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indispu...
2023.08.17 Motion to Enforce Settlement Agreement 676
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.17
Excerpt: ...y 28, 2023, Plaintiff filed an opposition. On August 10, 2023, Defendant filed a reply. LEGAL STANDARD “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (CCP § 664.6(a).) “We note that even if the terms of the judgment...
2023.08.17 Motion to Compel Second Deposition 481
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.17
Excerpt: ... on July 19, 2018 wherein Plaintiff slipped on a substance while grocery shopping at one of Defendant's stores. Defendant now moves to compel the second session deposition of Plaintiff. Plaintiff filed her opposition on June 27, 2023. Defendant filed its reply on August 10, 2023, which included a request for monetary sanctions against Plaintiff and her attorney of record, jointly and severally, in the amount of $1,810.00. ANALYSIS “Once any par...
2023.08.17 Motion to Compel Mental Exam 360
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.17
Excerpt: ...m ceiling collapsed on Plaintiff's head while Plaintiff was on premises owned, leased, or operated by the defendants. On March 6, 2023, Plaintiff filed an amendment to complaint substituting First Reliable Maintenance in for Doe 1. Now, Defendants Lotus Property Services, Inc. and First Reliable Maintenance (“Movants”) moves to compel Plaintiff to submit to a neuropsychiatric examination, which shall be conducted by Dr. Saint Martin at his of...
2023.08.17 Motion to Compel Deposition 356
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.17
Excerpt: ...Does 1 to 50 for general negligence and premises liability in connection with a slip-and-fall incident. Defendant Miguel Velasquez dba Montebello Racing Stables (“Defendant”) cross-complained against Roes 1 through 20 for express indemnification, equitable indemnification, equitable contribution, declaratory relief: duty to defend, and declaratory relief: duty to indemnify. On July 26, 2023, Defendant filed a motion to compel Plaintiff's atte...
2023.08.17 Motion for Summary Judgment, Adjudication 397
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.17
Excerpt: ...nce ISO Motion for Summary Judgment filed on 4/20/23 OPPOSITION PAPERS (Plaintiff): 1. Opposition to Motion for Summary Judgment filed on 6/21/23 2. Separate Statement of Material Facts in Opposition filed on 6/21/23 3. Evidence and Appendix of Exhibits ISO Opposition filed on 6/21/23 4. Objections to Defendant's Evidence ISO its Motion filed on 6/21/23 OPPOSITION PAPERS (Defendant Iles): 1. Opposition to Motion for Summary Judgment filed on 6/23...
2023.08.15 Motion to Compel Medical Exam 697
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.15
Excerpt: ... (“Dr. Bolling”). Plaintiff opposes the motions. Defendants reply to the opposition. ANALYSIS Except for one examination in personal injury cases, and examinations arranged by stipulation, a court order is required for a physical or mental examination. Such order may be made only after notice and hearing, and for “good cause shown.” (Code Civ. Proc., §2032.320(a).) Where the plaintiff's injuries are complex, several exams may be necessar...
2023.08.15 Motion for Leave to Amend SAC, Demurrer 291
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.15
Excerpt: ...n incident in which Plaintiff was purportedly assaulted and battered by an assailant who was sent to attack Plaintiff by a Chrome Hearts' employee. On March 29, 2023, Plaintiff filed the operative first amended complaint alleging the causes of action for assault and battery against the Defendants. Defendant Chrome Hearts demurs to the first amended complaint in its entirety. Plaintiff opposes the demurrer. Plaintiff has also filed a motion for le...
2023.08.15 Motion to Dismiss, for Sanctions, for Leave to Amend Complaint 539
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.15
Excerpt: ... and fall incident that Plaintiff suffered when he fell down a flight of stairs at Defendant's premises. Defendant now moves the Court to dismiss this action on the grounds that Plaintiff lacks standing, this action was filed for improper purpose and to perpetuate an ongoing fraud, Plaintiff's allegations have no evidentiary support, and this action is barred under the doctrine of unclean hands. Plaintiff opposes the motion. Defendant has filed a...
2023.08.15 Motion to Deem RFAs Admitted, to Compel Responses 766
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.15
Excerpt: ... 2018 when Dora Griselda Portillo (“Plaintiff”) alleges she was hit by Sophia Ingrid Santalucia (“Defendant Santalucia”) while driving. Defendant Santalucia was driving a rental car from Hertz Vehicles LLC (“Defendant” or “Defendant Hertz”) when the collision occurred. Plaintiff filed her Complaint on September 18, 2022. Plaintiff filed four discovery motions: (1) Motion to Deem RFAs Admitted, (2) Motion to Compel Responses to For...
2023.08.08 Renewed Motion to Set Aside or Vacate Dismissal 048
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.08
Excerpt: ...Los Angeles County Metropolitan Transportation Authority (“Defendant”) opposes the motion. ANALYSIS While Plaintiff has characterized the instant motion as a “Motion to Set Aside/Vacate Dismissal,” the Court previously issued its decision on this very issue on May 5, 2023 when Plaintiff first attempted to set aside the dismissal. As a result, Plaintiff's renewed motion to set aside the dismissal is effectively a motion for reconsideration...
2023.08.08 Motion to Quash Service of Summons and Complaint 029
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.08
Excerpt: ... Civil Procedure § 128.5. Plaintiff Michael Barakat (“Plaintiff”) opposes the instant motion. Samayoa has filed a reply. ANALYSIS Quash Service of Summons First, Samayoa moves to quash service of summons and complaint for Plaintiff's failure to comply with Code of Civil Procedure § 474. California Code of Civil Procedure § 474 permits the designation of a defendant by a fictitious name when the plaintiff is ignorant of the defendant's name...
2023.08.08 Motion to Continue Trial 088
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.08
Excerpt: ...tember 13, 2023, to April 2024. Plaintiff Ulrike Ziller (“Plaintiff”) opposes the continuance. Defendants have filed a reply. ANALYSIS “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.4th 11, 13-18.) Califor...
2023.08.08 Motion to Compel Further Responses 749
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.08
Excerpt: ... Court for an order compelling Defendant E&S Management Ring Corp. (“Defendant”) to serve further responses to Plaintiff's Supplemental Interrogatories (Set One), Demand for Production of Documents (Set One), and Request for Production (Set Two) Nos. 61, 62, 64, and 65. On June 27, 2023, Defendant filed a consolidated opposition regarding the document requests. Plaintiff filed a reply on June 28, 2023. An information discovery conference (“...
2023.08.04 Motion to Compel Further Discovery Responses 325
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.04
Excerpt: ...560. No opposition has been filed. ANALYSIS Code of Civil Procedure § 2030.220 requires that each answer to an interrogatory must be as “complete and straightforward as the information reasonably available to the responding party permits.” (Code Civ. Proc., § 2030.220.) Code of Civil Procedure § 2030.300(a) permits a propounding party to move for an order compelling a further response to an interrogatory if the propounding party deems that...
2023.08.04 Motion for Summary Judgment 689
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.04
Excerpt: ...plaint alleging one cause of action of negligent infliction of emotional distress caused by Defendant Si Pokpongkiat, O.D. (“Defendant”). Plaintiff alleges that she “suffers anxiety, humiliation, anger, fear, undue duress and infliction of emotional distress due to the defendants actions, which plaintiff had to seek therapy for,” that she “continues to fear the long term effect minor child will suffer from wearing wrongly prescribed eye...
2023.08.04 Demurrer, Motion to Strike 739
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.04
Excerpt: ..., John Paramo, Paulette Koss, Stacy Cashman, and Oscar Macias (collectively, Defendants) for negligence, negligent hiring and training and supervision, and intentional infliction of emotional distress in connection with a series of bullying incidents Plaintiff suffered while attending Luther Burbank Middle School. On June 30, 2023, Defendants filed a demurrer and motion to strike portions of the complaint. On June 19, 2023, Plaintiff filed an opp...
2023.08.04 Motion to Compel Mental Exam 697
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.04
Excerpt: ... examination with psychologist Dr. Judy Ho. Plaintiff opposes the motions. Defendants reply to the opposition. ANALYSIS Per Code of Civil Procedure section 2032.310, a party that seeks to require another party to submit to a mental examination must obtain leave of court. The motion to compel a mental examination must specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and specialty of the per...
2023.08.04 Motion to Deem RFAs Admitted, to Compel Responses 577
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.04
Excerpt: ...as driving in a vehicle owned by Herzog, Yuhas, Ehrlich & Ardell, APC (“Plaintiffs”) and files this action against Daniel Salin (“Defendant”). The instant Motions at issue are (1) Motion to Deem Request for Admissions Admitted by Plaintiff Webb; (2) Motion to Compel Responses by Plaintiff Herzog, Yuhas, Ehrlish & Ardell, APC to Form Interrogatories, Set One. All Motions request sanctions in the amount of $1,035.00 each. All three Motions ...
2023.08.04 Motion to Dismiss Complaint 031
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.04
Excerpt: ...a Tedesco (collectively, “Tedesco”) for negligence and negligence per se. On July 7, 2023, Tedesco filed the instant motions [1] to dismiss the complaint of Plaintiff for failure to comply with court ordered discovery. No opposition has been filed. Trial is currently set for October 17, 2023. LEGAL STANDARD The court is authorized, after notice and opportunity for hearing, to impose the following sanctions against anyone engaging in conduct t...
2023.08.02 Motion to Continue Trial 649
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.02
Excerpt: ... dates and deadlines, including discovery, expert discovery, and motion cut-off dates. ANALYSIS “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” (Cal. Rules of Court, rule 3.1332(a).) “A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the re...
2023.08.02 Motion for Trial Preference 601
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.02
Excerpt: ...s currently set for February 21, 2024, six (6) months and 19 days from the hearing on August 2, 2023. ANALYSIS “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) [t]he party has a substantial interest in the action as a whole[; and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudi...
2023.08.02 Motion for Leave to Intervene 283
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.02
Excerpt: ...YSIS Legal Standard As an initial matter, it appears that American Zurich intended to move pursuant to subdivision (d) of Section 387 of the Code of Civil Procedure (“Section 387(d)”). (Memorandum of Points and Authorities, filed on May 30, 2023 (the “Motion”), pp. 2:13-3:6.) Section 387(d)(1) provides: “The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following condit...
2023.08.01 Motions to Compel Responses, for Monetary Sanctions 186
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.01
Excerpt: ...er (Defendant) to Form Interrogatories, set one (FROG); Requests for Inspection and Production of Documents, Set Two (RPD). Plaintiff seeks monetary sanctions in connection with the two motions. Defendant opposes the motions. Plaintiff has filed replies. ANALYSIS Pursuant to Code of Civil Procedure section 2030.290, “[i]f a party to whom interrogatories are directed fails to serve a timely response . . . [t]he party to whom the interrogatories ...
2023.08.01 Motion to Quash Services of Summons 461
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.01
Excerpt: ... that Plaintiff's opposition is late as it was served on July 24, 2023, less than nine (9) court days before the instant hearing on August 1, 2023. (See Code Civ. Proc., § 1005, subd. (b) [“All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days … before the hearing”].) However, “a trial court has broad discretion to accept or reject late-filed papers.” (Rancho Mira...
2023.08.01 Motion to Compel Deposition, Production of Docs, for Monetary Sanctions 346
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.08.01
Excerpt: ...gust 10, 2023, 10:00 a.m., Mark R. Weiner & Associates, 655 North Central Avenue, 10th Floor Glendale, California 91203. Defendant also seeks an order requiring Plaintiff to produce at the deposition a written and photographic form of identification (e.g., a driver's license, passport, or identification card). Finally, Defendant seeks an order imposing sanctions of $1,066.99 against Plaintiff. ANALYSIS “If, after service of a deposition notice,...
2023.07.27 Motion to Exclude Expert Testimony, Continue Trial 310
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.07.27
Excerpt: ...oration, and Does 1 through 25 on June 7, 2019 for negligence and premises liability. Plaintiff alleges defendants own a building on Ventura Boulevard in Encino, California. On May 31, 2018, she rode the elevator in the building. The elevator fell four stories while she was riding it. She alleges she was injured in the fall. Plaintiff filed her operative second amended complaint on March 30, 2023. She now names as defendants Emmett LLC, Encino Ga...
2023.07.26 Motion to Compel Deposition, for Sanctions 202
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.07.26
Excerpt: ...eposition. Cross- Complainant has not filed an opposition to the motion. ANALYSIS Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent's attendance and testimony. (Code Civ. Proc., § 2025.450, subd. (a).) H...
2023.07.26 Motion to Compel Deposition 004
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.07.26
Excerpt: ...ccident. On February 14, 2023, Defendants filed the initial motions to compel Plaintiff Joselyn Valentina Arenas Juarez's and Plaintiff Irma Juarez Perez's attendance at a deposition. They filed amended motions on April 28, 2023 for a different scheduled deposition date. On May 3, 2023, the Court granted Defendants' Motion for Ex Parte Relief Shortening Time to Bring the Motion to Compel Attendance in part and rescheduled the hearing to July 26, ...
2023.07.26 Motion for Leave to File Amended Answer 661
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.07.26
Excerpt: ...ttlement defenses. Plaintiff has filed an opposition, and Defendant has filed a reply. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in a...

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