Excerpt: ... D. Reese (“Defendants”). Plaintiff's successor in interest Anita Mae Shaw has filed the instant motion seeking to substitute in for the now deceased Plaintiff. LEGAL STANDARD A decedent's successor in interest may continue a pending action so long as the successor in interest provides a sufficient statement to the Court. Under CCP § 377.32, the successor in interest (a) . . . shall execute and file an affidavit or a declaration under penalt...

Excerpt: ..., Inc. (“Defendant”). Plaintiff's complaint, filed on May 5, 2016, alleges a single cause of action for negligence against Defendant (as well as other sub‐ contractors working on the construction site at the time of the injury). Defendant moves for summary judgment on the grounds that the Privette/Toland line of cases and its progeny prevent employees of independent contractors from imposing liability on the hirer of the independent contrac...

Excerpt: ...D Plaintiff California Fair Plan (“Plaintiff”) filed the complaint in this action on February 7, 2018, alleging two causes of action for motor vehicle negligence and general negligence. On April 5, 2018, Defendant EAN Holdings LLC dba Enterprise Rent‐a‐Car (“Defendant”) filed the instant demurrer to the entire complaint. Plaintiff filed an opposition on April 26, 2018. Defendant filed its reply on May 4, 2018. This is a subrogation mo...

Excerpt: ...n he fell while descending stairs on a production truck owned or operated by Defendant King Kong Productions Vehicles, Inc. (“Defendant”). Defendant now moves to file a proposed cross‐complaint against two parties not already in the action. DISCUSSION CCP §428.10 provides that a party against whom a cause of action has been asserted may file a cross‐complaint setting forth: “(b) Any cause of action he has against a person alleged to be...

Excerpt: ... 21, 2013. The complaint, filed on December 16, 2015, alleges a cause of action for premises liability. Defendant moves for summary judgment against Plaintiff. Plaintiff has not filed an opposition. LEGAL STANDARD The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the ne...

Excerpt: ...nd defendants Innovative Pest Management, Matthew Carl Roach, and Carl J. Doucette (“Defendants”) on September 22, 2017. The complaint, filed November 15, 2017, alleges causes of action for: (1) motor vehicle; (2) general negligence; and (3) negligence per se, and includes an attachment for exemplary damages. Defendant Carl Roach (“Roach”) moves to strike the request for exemplary damages from the complaint. Plaintiffs oppose the motion, ...

Excerpt: ...aintiff”) to submit to deposition. Plaintiff is currently acting in pro per. Plaintiff's prior counsel's motion to be relieved was granted on February 5, 2018. On February 21, 2018, Counsel filed proof of service of the order on Plaintiff. LEGAL STANDARD Pursuant to CCP §2025.450, if after service of a deposition notice, a party to the action, without having served a valid objection, fails to appear for examination, or proceed with it, or to p...

Excerpt: ...Fannie Henderson (“Plaintiff”) to: (1) the Special Interrogatories (“SROG”), set one; and (2) the Request for Production of Documents (“RPD”), set one. On April 13, 2018, Defendant filed the instant motions to compel responses and request for sanctions. Defendant's motions and request for sanctions are denied as these motions were filed and will be heard after the discovery cutoff and discovery motion cutoff dates. Pursuant to CCP § ...

Excerpt: ...remises liability against defendant Beverly Hills Unified School District (“Defendant”). Plaintiff filed the instant motion on March 19, 2018, requesting to re‐open discovery. DISCUSSION Pursuant to CCP § 2024.020, “a continuance or postponement of the trial date does not operate to reopen discovery proceedings” unless a motion to reopen discovery is filed and granted pursuant to CCP § 2024.050. (See also Pelton‐Shepherd Industries,...

Excerpt: ... Request for Production of Documents (“SuRPD”), set one; and (2) Supplemental Interrogatories (“SuROG”), set one. On December 22, 2017, Defendants served the discovery requests on Plaintiff. Plaintiff's responses were due on January 26, 2018, but Plaintiff failed to provide discovery responses. Defense counsel sent a letter to Plaintiff on March 8, 2018 requesting that responses be served within ten days. As of the filing of the motions o...

Excerpt: ... responses from plaintiffs Angeline Fontes, Sergio Fontes, Diego Fontes,[1] and Jesus Zamora (collectively, “Plaintiffs”) to Defendant's Requests for Admission (“RFA”), set one. An Informal Discovery Conference (“IDC”) was held on February 5, 2018. The Informal Discovery Conference Form for the February 5, 2018 IDC indicates that the discovery issues were resolved following the IDC. The Court's February 5, 2018 Minute Order likewise r...

Excerpt: ...juries when he tripped and fell, with his left knee landing on a metal track on the property owned or maintained by defendant Long Beach Wings, LLC (“Defendant”). Plaintiff filed this action against Defendant on September 23, 2016 and alleges a cause of action for Premises Liability. LEGAL STANDARD The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary ...

Excerpt: ...his appearance at deposition. Plaintiff has not filed any opposition. LEGAL STANDARD Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, issue, evidence or monetary sanctions. (CCP, §§ 2023.010(g), 2030.290(c); R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495.) Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse...

Excerpt: ...Interrogatories (“FROG”), set one. On April 13, 2018, Defendant filed the instant motion to compel responses and request for sanctions. Defendant's motion and request for sanctions are denied as this motion was filed and will be heard after the discovery cutoff and discovery motion cutoff dates. Pursuant to CCP § 2024.020 “[e]xcept as otherwise provided in this section, any party shall be entitled as a matter of right to complete discovery...

Excerpt: .... The instant motion was filed on April 27, 2018 and is thus timely under CCP §473(b). Plaintiff's Counsel states that he failed to appear at the dates set for FSC and Trial because there was a miscommunication regarding the dates. (Ramos Decl., at ¶¶ 6, 7.) Counsel states that he attempted to attend the FSC on February 8, 2018, but went to the wrong courtroom. (Id. at ¶ 5.) At the incorrect courtroom, Counsel was informed that his case was a...

Excerpt: ...nn West Los Angeles (“Defendant”). The case proceeded to a jury trial, and on June 5, 2015, judgment was entered for Defendant. Plaintiff moved for a judgment notwithstanding the verdict on grounds that Defendant was guilty of negligence per se and discrimination under the American's with Disabilities Act and the Unruh Civil Rights Act. The Court granted the motion, and Defendant appealed the order. On appeal, the Court of Appeal affirmed the...

Excerpt: ...e Plate Oysterette Restaurant (“Defendant”). The complaint was filed April 14, 2017, and Defendant was served on April 16, 2017. Defendant answered on May 17, 2017. Defendant now moves to reclassify the action as a limited civil case, arguing that the amount in controversy in this case is less than $25,000. Plaintiff opposes the motion, and Defendant replies. LEGAL STANDARD CCP §86 defines a limited civil case as a case at law in which the d...

Excerpt: ... set for June 26, 2018, and trial is set for July 9, 2018. Defendants seek to continue these matters to allow for mediation and the conclusion of discovery. Defendants state that mediation is scheduled for June of 2018. Defendants also state that due to counsel's trial schedule earlier this year, Defendants need more time to prepare for trial, especially in light of the upcoming mediation. Plaintiffs have not filed any opposition to this motion. ...

Excerpt: ...ntiff Ruth Aracely Martinez (“Martinez”) to: (1) Demand for Inspection and Production of Documents, set one (“DIPD”); (2) Form Interrogatories, set one (“FROG”); and (3) Special Interrogatories, set one (“SROG”). No dispositive tentative ruling is issued as to Defendant's Motions to Compel. Only four filing fees have been paid by the moving party. However, there are in actuality six motions before the Court—two motions to compel...

Excerpt: ...mpel further responses from plaintiffs Angeline Fontes, Sergio Fontes, Diego Fontes,[1] and Jesus Zamora (collectively, “Plaintiffs”) to Defendant's Demand for Production of Documents (“DPD”), set one. An Informal Discovery Conference (“IDC”) was held on February 5, 2018. The Informal Discovery Conference Form for the February 5, 2018 IDC indicates that the discovery issues were resolved following the IDC. The Court's February 5, 2018...

Excerpt: ...e to obey a Court order compelling his appearance at deposition. Plaintiff has not filed any opposition. LEGAL STANDARD Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, issue, evidence or monetary sanctions. (CCP, §§ 2023.010(g), 2030.290(c); R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495.) Ultimate discovery sanctions are justified where there is a willful discovery ...

Excerpt: ...this action) and BC650726 (Nichiah Sims v. Donte L. Montgomery, et al.). “Cases may not be consolidated unless they are in the same department. A motion to consolidate two or more cases may be noticed and heard after the cases, initially filed in different departments, have been related into a single department, or if the cases were already assigned to that department.” (Local Rule 3.3(g).) These cases were deemed related on June 13, 2018 and...

Excerpt: ...ed the instant motion to compel the depositions of defendant West Hills Hospital and Medical Center's (“Defendant”) Person Most Knowledgeable (“PMK”). On the same date, Plaintiffs filed a second motion to compel the depositions of Defendant's employees Susan Helgager, R.N., Deborah Smith, R.N., Katherine Martin-Goodhart, R.N. and Gloria Pettinelli, R.N. (collectively, “Nurses”) and Defendant's custodian of records. Defendant has not f...

Excerpt: ...anctions. Plaintiff opposes the motion. LEGAL STANDARD <0048005500030056004800 00030044000300470048>position notice, a party to the action, without having served a valid objection, fails to appear for examination, or proceed with it, or to produce for inspection any document, the party giving notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document. (CCP §2025.450(a).) A m...

Excerpt: ...esponses from plaintiffs Angeline Fontes, Sergio Fontes, Diego Fontes,[1] and Jesus Zamora (collectively, “Plaintiffs”) to Defendant's Form Interrogatories (“FROG”), set one. An Informal Discovery Conference (“IDC”) was held on February 5, 2018. The Informal Discovery Conference Form for the February 5, 2018 IDC indicates that the discovery issues were resolved following the IDC. The Court's February 5, 2018 Minute Order likewise refl...

Excerpt: ... Plaintiff's failure to obey a Court order. Plaintiff's counsel recently moved to be relieved as counsel. On May 1, 2018, the Court granted Plaintiff's counsel's motion to be relieved. Counsel filed proof of service of the order on May 2, 2018. Before being relieved, Plaintiff's counsel filed an opposition on Plaintiff's behalf. No other documents have been filed on behalf of Plaintiff since Counsel was relieved. LEGAL STANDARD Where a party will...

Excerpt: ...et for July 2, 2018. Plaintiff alleges that she was injured at a facility owned and operated by Defendant Fitness International, LLC (“Defendant” or “Fitness”) while she was given instruction by Defendant Corey Haywood (“Haywood”). Haywood instructed the Plaintiff to perform an exercise one more time despite Plaintiff's protest. When Plaintiff performed the exercise, her knee was injured. If granted, this would be the sixth trial cont...

Excerpt: ...urrently set for October 11, 2018, and trial is set for October 29, 2018. There have been no prior continuances of the trial date. Defendant seeks to continue these matters because Defendant was recently added to these proceedings by Doe amendment. Defendant was added to this action by Doe amendment on October 25, 2017, but Defendant was not served until January 2, 2018. Defendant states that trial should be continued to allow Defendant a meaning...

Excerpt: ...of the documents listed in FROG 17.1(d). Defendant has also filed a third motion to deem admitted the Requests for Admissions (“RFA”), set one. The Court notes that Defendant provides no evidence or testimony to show that any FROGs were ever served on Plaintiff. As such, Defendant's motions to compel responses to FROG 17.1 and produce documents listed in FROG 17.1(d), are denied without prejudice. The Court cannot compel Plaintiff to respond ...

Excerpt: ...sition to this motion. LEGAL STANDARD Pursuant to CCP §2025.450, if after service of a deposition notice, a party to the action, without having served a valid objection, fails to appear for examination, or proceed with it, or to produce for inspection any document, the party giving notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document. (CCP §2025.450(a).) A motion to c...

Excerpt: ... the action on November 6, 2017. Specially appearing defendant Dominique Sims (“Defendant”) moves for an order quashing service of the summons in this action. Defendant argues that the Court lacks jurisdiction over her because she was not properly served. LEGAL STANDARD Pursuant to CCP § 418.10(a)(1), a defendant may move to quash service of summons on or before the last day to plead in response to the complaint or within such further time a...

Excerpt: ...al Duran, and Estate of Stephanie Martinez, by and through its Successors in Interest Jesus Martinez Avila and Alejandra Sandoval Duran (“Plaintiffs”) filed a complaint on July 17, 2017. The complaint alleges causes of action for negligence and survivorship against defendants Brighton Management, LLC, Urban Commons Frontera LLC, and UCF 1, LLC (collectively, “Defendants”). Plaintiffs allege that on July 18, 2015, Plaintiffs were staying a...

Excerpt: ... On October 19, 2017, Defendant served the RFA on plaintiff Marshall Dean (“Plaintiff”). Plaintiff's responses to the RFA were due on November 23, 2017. Defendant did not receive any responses. Defense counsel sent a letter to Plaintiff on February 1, 2018 and requested that Plaintiff provide the responses to the RFA within two weeks. As of the filing of the motions on March 12, 2018, Defendant had not received any responses from Plaintiff. P...

Excerpt: ...position. LEGAL STANDARD Pursuant to CCP §2025.450, if after service of a deposition notice, a party to the action, without having served a valid objection, fails to appear for examination, or proceed with it, or to produce for inspection any document, the party giving notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document. (CCP §2025.450(a).) A motion to compel the dep...

Excerpt: ...filed proof of service of the summons and complaint on December 28, 2017 and February 13, 2018. Plaintiff also tried to enter default on March 5, 2018, but the request was rejected by the clerk. On April 12, 2018, Plaintiff filed this instant motion for leave to amend the complaint to correct the name of the Defendant. LEGAL STANDARD CCP §473(a)(1) states: “The court may, in furtherance of justice, and on any terms as may be proper, allow a pa...

Excerpt: ...41(a). Defendant received the complaint on February 19, 2018, which gave Defendant until March 21, 2018 to file a demurrer per CCP § 430.40. (See Citron Decl. ¶ 2.) On March 7, 2018, Defendant filed a “Notice of Demurrer and Motion to Strike Portions of Plaintiff's Complaint Pursuant to CCP Section 430.41(a)(2) and Declaration of Joel F. Citron,” but the substance of the document was a declaration for a 30‐day time extension per CCP § 43...

Excerpt: ...use Plaintiff to fall off a ladder while performing work on the property on March 25, 2015. Plaintiff also alleges that Defendants' treatment of Plaintiff was negligent. Plaintiff filed suit against Defendants Dihan Lee and Julie So Youn Lee (the owners of the property, “the Lee Defendants”), as well as Does 1‐25. On May 9, 2016, the Lee Defendants filed a cross‐ complaint against California Averland Construction, Inc. (“Cal Averland”...

Excerpt: ...en she tripped and fell on an uneven sidewalk on the property managed by defendant MEI Real Estate Services (“Defendant” or “MEI”). Plaintiff filed this action on September 11, 2013, alleging causes of action for Premises Liability and General Negligence. Defendant MEI was added by Doe amendment to the complaint on December 29, 2016 and was served with the complaint on January 23, 2017. Defendant MEI moves for summary judgment, or in the ...

Excerpt: ...r August 23, 2018, and trial is set for September 4, 2018. Defendant seeks to continue these matters to allow for a motion for summary judgment. Defendant states that it has filed a motion for summary judgment in this case, but the first available hearing date was in September of 2018. Defendant attempted to schedule the summary judgment hearing for a time before the trial date, but no hearing dates were available. The Court notes that Defendant'...

Excerpt: ...fs Angeline Fontes, Sergio Fontes, Diego Fontes,[1] and Jesus Zamora (collectively, “Plaintiffs”) to Defendant's Form Interrogatories (“FROG”), set one. The four motions to compel further responses to FROG are CONTINUED to May 14, 2018, at 10:00 am. An Informal Discovery Conference (“IDC”) was held on February 5, 2018. The Informal Discovery Conference Form for the February 5, 2018 IDC indicates that the discovery issues were resolved...

Excerpt: ... Jennie Salazar at their respective last known mailing address, which was confirmed by telephone within the past 30 days of filing the motion. Counsel also served this motion and supporting documents on the Defendants. Counsel filed proof of service of the above listed forms on March 12, 2018. Counsel declares that the attorney-client relationship has been “irretrievably broken and cannot be re-established.” As of the filing of the Motion to ...

Excerpt: ...018, at 1:30 pm. The parties should note that for all future hearings, the parties are ordered to appear at the Court's new location effective April 16, 2018: 312 North Spring Street, Department 5, Los Angeles, CA 90012. In the review of Plaintiff's opposition, the Court discovered that Plaintiff's response to the Separate Statement of Facts does not include any citations to the evidence provided by Plaintiff. Code of Civil Procedure § 437c subd...

Excerpt: ...“Plaintiff”) alleges that on July 7, 2018, Plaintiff suffered personal injuries when she tripped and fell on a wheel stop on the property of defendant Starter Bros. Markets (“Defendant”). Specifically, Plaintiff contends that that the wheel stop was defective and in an unsafe condition because it was not centered in the parking lane. Plaintiff brings causes of action for Premises Liability and General Negligence against Defendant. EVIDENT...

Excerpt: ... Mission, Edrik Khosravi Siraki (erroneously sued as Edrik Khosravisiraki), PRN Ambulance, LLC, and Does 1-100. The complaint alleges three causes of action: (1) motor vehicle, (2) negligence of a common carrier, and (3) general negligence. Plaintiff alleges in the complaint that on May 12, 2016, Defendant Siraki was operating an ambulance owned by Defendant PRN Ambulance LLC (“PRN Ambulance”) that was transporting Plaintiff to a hospital for...

Excerpt: ...f Catherine Tucker (“Plaintiff”) filed a complaint on June 19, 2017, alleging two causes of action for premises liability and negligence. (Compl. at pp. 4--5.) Defendants Rolling Frito-Lay Sales, L.P., Frito-Lay Inc., and Pepsico Inc (“Defendants”) filed a demurrer to the complaint on March 9, 2018. Plaintiff filed an opposition on March 27, 2018. Defendant filed a reply on April 2, 2018. Plaintiff's complaint arises from alleged injuries...

Excerpt: ...wal (“Defendants”). This action involves a motor vehicle accident that occurred on September 20, 2016, between Decedent Maria Guadalupe Gomez Chaires (“Decedent”) and Atwal, which led to Decedent's death. Defendants filed their motion to transfer venue to Merced County concurrently with filing the answer. Defendants argue that Plaintiffs improperly filed this action in Los Angeles County, which has no nexus to the location of the incident...

Excerpt: ...ng Olga Moiseyeva, Albert Finkelshtein, and Inessa Finkelshtein as defendants. Defendant Richard Shaw (“Defendant”) was added to this case as a defendant by Doe Amendment filed on July 13, 2016. On December 29, 2016, Plaintiff filed a proof of service attesting to personal service of the summons and complaint on Defendant on December 27, 2016 at 8:05 am. On February 15, 2017, Plaintiff served a request for entry of default on Defendant by mai...

Excerpt: ...mely made. This matter was originally set for trial on April 4, 2018. On January 23, 2018, Plaintiff served on Defendant a demand for the exchange of expert witnesses. On March 1, 2018, Defendant served its designation of experts. On March 8, 2018, Plaintiff attempted to exclude the expert witness designations by Ex‐Parte Application. The Court denied the application and informed Plaintiff that this request must be made via a noticed motion. On...

Excerpt: ... for: (1) form interrogatories, set one (“FROG”); and (2) request for production of documents, set one (“RPD”). An Informal Discovery Conference (“IDC”) was held on February 27, 2018. The only remaining issue is the imposition of sanctions. Both parties request sanctions against the other for violations of the Discovery Act. Respondent propounded discovery on Claimant on August 29, 2017. On September 28, 2017, Claimant served his resp...

Excerpt: ...ry Berryman (“Defendant”). The incident occurred on July 12, 2016. The complaint was filed on August 19, 2016. The First Amended Complaint, filed on February 27, 2017, alleges causes of action for negligence and negligence per se. Defendant moves for an order compelling Plaintiff to submit to her deposition and for sanctions against Plaintiff. On January 30, 2018, the Court granted Plaintiff counsel's motion to be relieved as counsel. No subs...