Excerpt: ...dant Eyanu Health Services, LLC Motion to Compel Further Responses to Form Interrogatories, Employment, Set Two The court considered the moving papers filed on March 20, 2024, [1] and the opposition and reply papers filed in connection with this motion. DISCUSSION Plaintiff Kofoworola Folashade Olatunde (“Plaintiff”) moves the court for an order (1) compelling defendant Eyanu Health Services, LLC (“Defendant”) to serve further responses t...

Excerpt: ...rt directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Gloria Del T...

Excerpt: ...contractual fraud case against Defendants Brian M. Godley; Mohammed Rahman; Picture Build, a California Corporation; and DOES 1 -10 (Defendants), inclusive. The Complaint asserts causes of acti on for breach of contract; breach of covenant of good faith and fair dealing; breach of fiduciary duty; fraud; violation of Cal. Penal Code § 496; violation of Cal. Labor Code §§ 1194, 201- 203, 226 and 558.1; access to corporate books and records; viol...

Excerpt: ...efendant Fames Transport, Inc.'s duty and hold Defendant Fames Transport Inc. vicariously liable for the negligent acts of their independent contractors. RULING: GRANTED I. BACKGROUND On May 28, 2021, Chad Perrigo (Chad) and Alexa Perrigo (collectively, Plaintiffs) filed a Complaint against several defendants after Chad suffered a head -on collision with a truck driven by Jorge Edmondo Castaneda Rodriguez (Castaneda). The operative Third Amended ...

Excerpt: ...35, et seq., (2) Negligence – negligent hiring & supervision under Government Code sections 815.2(a), 815.4, 815.6 & 820(a), (3) Premises Liability, and (4) General Negligence, arising out of a bike accident occurring on July 27, 2019, on or near Milwood Avenue in Ve nice. On November 10, 2020, Plaintiff filed the First Amended Complaint (“FAC”), asserting the same causes of action against the same defendants. On January 5, 2021, City of Lo...

Excerpt: ...M Real Estate Holdmgs LLC, Club 360 LLC, USA Fitness Mega Center, and Does 1 through 25 for damages arising from a large speaker falling and striking Plaintiff on June 24 2020, while Plaintiff was utilizing a piece of fitness equipment at 7869 Van Nuys Blvd„ Los Angeles, CA 91402. (Compl. 6, 13.) Plaintiff alleges the speaker constituted a dangerous condition on the premises. (ld. at 15.) The complaint sets forth a single cause of action for ne...

Excerpt: ...INGS: On April 5, 2023, Plaintiff Anthony Stevens, a minor, by and through his Guardian as Litem Brittany Ford, filed a medical negligence action against Defendants Adventist Health White Memorial (“White Memorial”), Erine Guzman, MD (“Guzman”), Kim Warner, MD ( “Warner”), and Christine Evette Sayegh, D.O. (“Sayegh”) (collectively “Defendants”.) Defendant Guzman filed her Answer to the Complaint on May 15, 2023. Warner and Whi...

Excerpt: ...LLP RESPONDING PARTY: Plaintiff Ramez Wissa The Court has considered the moving, opposition, and reply papers. BACKGROUND This is a wrongful termination action. On March 8, 2023, Plaintiff Ramez Wissa (“Plaintiff”) filed the operative Third Amended Complaint (“TAC”) against Defendants Deloitte Consulting LLP (“Deloitte”); Brett McCoy (“McCoy”) (collectively, “Defendants”); an d Does 1 through 20, inclusive for: (1) Employment ...

Excerpt: ...ntent to appear is requested. Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day be fore the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is received. Notice may be given either by email at [email protected] or by telephone at...

Excerpt: ...tions The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court grants plaintiff Emilio Reyes's request for judicial notice as to Exhibits 4, 5, 6, 13, 15, and 17. (Evid. Code, § 452, subd. (d).) The court denies plaintiff Emilio Reyes's request for judicial notice as to Exhibit 16 as an improper subject for judicial notice. (Evid. Code, § 452.) DISCUSSION Plaintiff...

Excerpt: ..., while Plaintiff was visiting a guest at Defendant's premises, she sat on a bench, the bench collapsed, and she sustained injuries as a result. On March 30, 2022, ESAP filed its answer. On July 21, 2022, Plaintiff amended the complaint to name ESH Hospitality, Inc., as Doe 1. On September 19, 2022, Defendant ESA Management, LLC (“ESAM”), erroneously sued as Extended Stay America, Inc. and ESH Hospitality, Inc., filed its answer. On June 12, ...

Excerpt: ...dress (CCP §§ 1013, 1013(a)): ok 16/+5 day lapse (CCP § 1005): ok RELIEF REQUESTED: In response to Defendants' destruction of the only video recording of Plaintiff's accident, Plaintiff asks that the Court impose terminating, evidentiary, equitable, issue and monetary sanctions as follows: (1) striking the answer of Defendants Sai Krishna Enterprise, LLC d/b/a Jewel City Inn, Sai Krishna Enterprise LLC, Kalpesh Patel and Falguni Patel and ente...

Excerpt: ...ce. BACKGROUND On June 4, 2020, the California Labor Commissioner requested the Clerk Enter Judgment pursuant to a Judgment on a Final Order, Decision or Award of the Labor Commissioner. On April 28, 2020, the Labor Commissioner entered a Judgment against IDD, Inc., ("IDD") in favor of Mariana Letuchaya Darsalia (“Plaintiff”) in the matter entitled Marina Letuchaya v. IDD, Inc ., a California Corporation, 8 State Case No. WC -CM -4575...

Excerpt: ...e to compel further responses to special interrogatories Nos. 30-35. A party may move to compel further responses to interrogatories when an answer “is evasive or incomplete” (CCP § 2030.300(a)(1) or an objection “is without merit or too general” (CCP § 2030.300(a)(3)). Special interrogatory Nos. 30 -33 ask, “State all bases that YOU removed, or caused to be removed, PLAINTIFF'S personnel file from the Los Angeles County Sheriff's Dep...

Excerpt: ...fendant”) for damages arising from a motor vehicle collision. Trial is currently set for July 24, 2024. Plaintiff now moves to augment its expert designation to include Stepan Kasimian, M.D. (“Dr. Kasimian”) as a retained expert witness. Additionally, Plaintiff seeks to include Shayan Ur Rahman, M.D. (“Dr. Rahman”) and Yevgeniy Freyvert, M.D. (“Dr. Freyvert” ) as non -retained experts. Any opposition was due on or before May 17, 202...

Excerpt: ...pport of their motion to compel arbitration. The objections to the Kaoud declaration are OVERRULED. Objections No. 4 and 5 to the Song declaration are SUSTAINED, as Song provides no foundation for her knowledge of the corporate structures and operations of entities other than IGS Solutions LLC. The remaining objections to her declaration are OVERRULED. Defendants' objections to the declaration of David Gonzalez are OVERRULED. II. MOTION TO COMPEL...

Excerpt: ...ALYSIS The moving party on a petition to compel arbitration “bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony t...

Excerpt: ...ts”) move the Court for an order compelling nonparty Dr. Massoud Amini to produce the requested records pursuant to a subpoena and pay monetary sanctions for failure to do so.” T he Court notes that the declaration attached to the motion contains typographical errors making it difficult for the Court to determine who is filing the declaration, i.e., defense counsel signs the document, implying this is counsel's declaration, and the top of the...

Excerpt: ...herri Finn's motion to strike and struck the punitive damage claim from Plaintiffs' statement of damages without leave to amend. The Court overruled Sherri Finn's demurrer. On March 10, 2023, Sherri Finn filed an answer. On June 23, 2023, Jacob Finn filed an answer. On July 18, 2023, the Court dismissed Sherri Finn with prejudice at Plaintiffs' request. On December 22, 2023, Jacob Finn filed a motion to compel Perez's attendance at a deposition a...

Excerpt: ...hey entered into a warranty contract with Defendant Toyota Motor Sales, U.S.A., Inc. (“Defendant”) regarding a 2019 Toyota Tacoma. Plaintiffs allege that defects and nonconformities to the warranty manifested themselves within the applicable express warranty period, including but not limited to exterior, structural, transmission, and engine issues. Plaintiffs allege they delivered the subject vehicle to an authorized Toyota repair facility fo...

Excerpt: ...tent to appear is requested. Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is rec eived. Notice may be given either by email at [email protected] or by telephone at ...

Excerpt: ...ts argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Darius Colbourn (Pla...

Excerpt: ... requested. Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412....

Excerpt: ...overy requests within 10 days: · Defendant's Form Interrogatories, Set One, Nos. 4.1, 6.2, 6.3, 6.7, and 17.1; · Defendant's Requests for Production (“RFPs”), Set One, Nos. 2, 10, 11, and 27; and · Defendant's Special Interrogatories, Set One, Nos. 2 and 5. Defendant also requests monetary sanctions against Plaintiff and his counsel in the total amount of $2,215.00. TENTATIVE RULING: The unopposed motions are granted. Plaintiff is ordered ...

Excerpt: ...n to File a Late Government Claim The Court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. BACKGROUND On April 19, 2023, plaintiff Paul Workman filed a complaint against City of Los Angeles, T.C. Real Estate Ltd., and Coral Realty, Inc. for dangerous condition of public property and negligence. Plaintiff alleges that on November 4, 2022, plaintiff was riding his bicycle through the parking lot intending to ride...