Excerpt: ...continuance. The FSC is currently set for August 3, 2018, and trial is set for August 17, 2018. Plaintiff seeks to continue these matters because Plaintiff's counsel will not be available for the first week of trial as scheduled. Plaintiff states that both parties have agreed to a short continuance so that Plaintiff's counsel will be able to attend trial. Plaintiff has submitted a stipulation signed by both counsel to continue trial as Exhibit A ...

Excerpt: ... BC677597 (this action) and BC682390 (Aiden Perez, et al. v. City of Long Beach, 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).) Both cases are currently assigned t...

Excerpt: ...�Defendants”) based on allegations of medical negligence. Plaintiff alleges that Defendants negligently provided care and treatment to him, causing him injury. Plaintiff is pursuing a claim of professional negligence against all defendants. Defendant Hrayr K. Shahinian, M.D. (“Dr. Shahinian”) moves for summary judgment against Plaintiff and her complaint. Plaintiff has filed an opposition. No reply was filed. Between the filing of this moti...

Excerpt: ...urt has reviewed the petition and finds the settlement fair and reasonable. The parties have an agreement for attorney's fees, which is attached to the petitions. The petition is properly verified by Petitioner. However, the Petition to Approve Minor's Compromise of Claim is DENIED without prejudice for the following reasons: 1. Plaintiff has not provided any proof of service of the petition on the other parties who have appeared in this action. ...

Excerpt: ...n the request for the continuance. The FSC is currently set for May 21, 2018, and trial is set for June 4, 2018. Defendant seeks to continue these matters to allow for the conclusion of discovery, including time to file discovery motions. Defendant states that the parties are scheduled to begin Plaintiff's deposition on April 30, 2018, and Plaintiff's IME is scheduled for May 1, 2018. If the out of state Plaintiff does not appear at the depositio...

Excerpt: ...pital has filed a notice of joinder to Shaprio's motion to consolidate. Both cases are assigned to Department 5. “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 ...

Excerpt: ... counsel.[1] Defendant Bowman has filed an opposition, and Plaintiff has replied. 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 ins...

Excerpt: ...f was injured due to a dangerous condition on public property under the control of defendant City of Pasadena. Defendant now seeks leave to file an FAC alleging a new cause of action against a newly discovered defendant. DISCUSSION CCP §473(a)(1) states: “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 correctin...

Excerpt: ... “the opposing party”) further responses to the Demand for Inspection and Production of Documents, set two. Pursuant to the Court's current Amended General Order Re: Personal Injury Court Procedures, which is available on the Los Angeles Superior Court website, lead or other designated counsel for the parties with full authority, must participate in an Informal Discovery Conference (“IDC”) before the Court will hear any motion to compel f...

Excerpt: ...erved Plaintiff Melgoza at her last known mailing address. Counsel also states that he has not been able to contact Plaintiff Melgoza. Counsel's office called Plaintiff Melgoza's mother in an attempt to find a new address for Plaintiff Melgoza, but Plaintiff Melgoza's mother also has been unable to locate the client. Counsel should have filled out section 3(b)(2), which addresses the efforts that Counsel should undertake if Counsel is unable to l...

Excerpt: ...018. Defendant's motion for summary judgment is CONTINUED to May 17, 2018, 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 his opposition, Plaintiff cites to a document entitled “Plaintiff's Facts.” However, the Court has not received any document called “Plaintiff's Facts...

Excerpt: ... is currently set for September 18, 2018, and trial is set for September 28, 2018. The matters listed in the caption above were recently consolidated with another case (BC679438) in the Court's Order on February 20, 2018. Defendants seek to continue these matters to allow for an adequate time to investigate the newly consolidated matter. The lead case was file don October 11, 2016. The second case, filed by plaintiffs Jordan Boswell and Amy Masse...

Excerpt: ... defendant Ricardo Arellano (“Defendant”). <0055005200520049000300 00460048000300520049[ the summons and complaint stating that substituted service had been effectuated on Defendant's father. The proof of service filed May 9. 2017 did not state a date or time of service. On February 22, 2018, Defendant, specially appearing, filed the instant motion to quash service of process on the grounds that service was improper. JUDICIAL NOTICE Defendant...

Excerpt: ...covery responses on Plaintiff Margaret Ann Velas (“Plaintiff”) for: (1) Demand for Production of Documents (“DPD”), set one; (2) Form Interrogatories (“FROG”), set one; and (3) Requests for Admission (“RFA”), set one. <0016001300130003005300 004b0044005700030044[n untimely response results in a waiver of objections. However, both sections also provide that the Court may relieve the responding party from this waiver if two conditio...

Excerpt: ...xecuted a stipulation joining in the request for the continuance. The FSC is currently set for April 19, 2018, and trial is set for May 1, 2018. Defendant seeks to continue these matters to allow for mediation and the conclusion of discovery. Defendant states that the parties are scheduled to begin mediation on April 20, 2018 and hope to reach a settlement. If the mediation is not successful, then all parties will need more time to prepare for tr...

Excerpt: ...intiff”). Defendant requests that the Court compel responses to the following: (1) Special Interrogatories, set three (“SROG 3”); (2) Request for Production of Documents (“RPD 3”), set three; and (3) Form Interrogatories, set two (“FROG 2”). Defendant has also filed a fourth motion to deem admitted the Requests for Admissions (“RFA”), set one. Defendant also seeks sanctions. Plaintiff has not filed an opposition to any of these ...

Excerpt: ...ch was confirmed at Plaintiff's deposition, taken on March 7, 2018, within the past 30 days of filing the motion. Counsel also served this motion and supporting documents on all parties in this action. Counsel declares that there has been an irreparable breakdown in the attorney-client relationship. Counsel is ordered to appear at the April 12, 2018 hearing and submit a proposed order on form MC-053 as to each client. The proposed orders must lis...

Excerpt: ...tair on the property owned by defendant Rita Mongoven Miller (“Defendant”). Plaintiff filed this action against Defendant on September 1, 2016 and alleges a single cause of action for Premises Liability. EVIDENTIARY OBJECTIONS Defendant's Objections to Plaintiff's Evidence: Defendant objects to the Declaration of Mark J. Burns. The Court provides the following rulings as to the objections:  Objection 1: Overruled on all grounds. Mr. Burns ...

Excerpt: ...does not coincide with the area to which a business proprietor, inviting persons onto the proprietor's property possess a title or lease.” And, further: “Thus, a duty of the proprietor to maintain reasonably safe promises extends not only to all parts of the premises which a patron is expressly invited to use, but also such parts as he or she is impliedly invited to enter and those portions of the premises to which the invitee under the circu...

Excerpt: ...rs on a property where construction debris was left. Plaintiff initially filed suit against only defendant Essex Portfolio LP (“Moving Defendant”). However, on January 16, 2018, Plaintiff filed seven Doe Amendments naming new defendants. Moving Defendant now moves to file a proposed cross-complaint against four of these newly added defendants. DISCUSSION CCP §428.10 provides that a party against whom a cause of action has been asserted may f...

Excerpt: ... with the subpoena as of the date of the filing of this motion on March 19, 2018. Plaintiff has not filed any opposition to this motion. DISCUSSION Code of Civil Procedure § 1987.1 provides that “[i]f 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 motio...

Excerpt: ... LLC (“LogistiCare”) and LA Taxi Cooperative, Inc. dba Yellow Cab (“Yellow Cab”) (collectively, “Defendants”) on September 22, 2014. The complaint, filed on September 22, 2016, alleges causes of action for motor vehicle and general negligence. Defendants move 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 determin...

Excerpt: ...fendants Good Samaritan Hospital, Erica Davenport M.D., and Gary Arnold M.D. The complaint, filed on February 24, 2017, alleges claims of medical negligence and negligent infliction of emotional distress. On September 5, 2017, Plaintiffs filed an amendment to the complaint naming Stephen Pine, M.D. as Doe 5, and S. Pine, A Medical Corporation, as Doe 108. Defendants Stephen Pine, M.D. and S. Pine, A Medical Corporation (collectively, “the Pine ...

Excerpt: ...amed defendants in this action caused the death of their mother Damarys Moreno‐Miranda by failing to diagnose and treat a brain injury that resulted in her death. Defendant PIH Health Hospital (“Defendant”) moves to file a proposed cross‐complaint against Michael Shahangian, M.D, and his group, Dowrad Medical Group. Trial is currently set for June 4, 2018. Plaintiff opposes the motion, and Defendant has filed a reply. DISCUSSION CCP §428...

Excerpt: ...rsonal injuries when she slipped and fell on a wet walkway on the property owned or maintained by defendants The Muller company and Universal Building Maintenance, LLC dba Allied Universal Janitorial Services (“Defendants”). <0056005700030027004800 00030052005100030031[ovember 1, 2016 and alleges causes of action for Negligence/Premises Liability and Failure to Warn (of the dangerous condition of the property). EVIDENTIARY OBJECTIONS Plaintif...

Excerpt: ...a complaint on September 26, 2017, alleging two causes of action for premises liability and general negligence. (Compl. at pp. 4-- 5.) On March 5, 2018, Defendant Panorama Gardens, LLC (“Defendant”) filed a demurrer to the first and second causes of action together with a request for judicial notice. Plaintiffs did not file an opposition. Plaintiff's complaint arises from alleged injuries sustained while she was on “Defendants (sic) facilit...

Excerpt: ... Nahas (“Nahas”), 1430 Cahuenga Partners L.P. (“Cahuenga Partners”), and Case Management LLC (“Case Management”) (collectively, “Moving Defendants”). RESPONDING PARTY: Plaintiff, Andrew Cohan (“Plaintiff”) The court considered the moving and opposition papers. BACKGROUND Plaintiff filed a complaint on August 4, 2017, alleging causes of action for (1) battery, (2) intentional infliction of emotional distress, (3) negligence, (4...

Excerpt: ...��) to the Special Interrogatories (“SROG”), set one. On October 17, 2017, Plaitniff served the discovery requests on Defendant. Defendant's discovery responses were due on November 21, 2017. Plaintiff's counsel granted two extensions, and the last deadline to respond was January 4, 2018. As of the filing of the motions on February 26, 2018, Plaintiff has not received responses from Defendant. Defendant has not filed an opposition to Plaintif...

Excerpt: ...h Miller, and the Anthony and Marcelle Muddaris Restated Family Trust (“Defendants”) fell on Plaintiff and injured him to the point that part of his leg was amputated. The complaint, filed February 6, 2017, alleges causes of action for negligence and premises liability. The deposition of Plaintiff began on December 12, 2017. During the deposition, Plaintiff's counsel objected to several questions based on Plaintiff's Fifth Amendment right not...

Excerpt: ...r Production of Documents (“RPD”), set one; (2) Form Interrogatories (“FROG”), set one; and (3) Special Interrogatories (“SROG”), set one. On September 14, 2016, Defendant served the discovery requests on Plaintiff. Defense counsel sent Plaintiff a letter in October of 2017[1] requesting that the discovery be produced by October 13, 2017, or the instant motions would be filed. As of the filing of the motions on March <0003004900550052...

Excerpt: ... an opposition. The FSC was continued to the trial date of April 27, 2018 by order of the <0026000300440051004700 00550048000300450052>th currently set for April 27, 2018. Defendant seeks to continue these matters because defense expert Bernadette Jaeger, D.D.S. will not be available for the trial date. Defendant states that Dr. Jaeger is a key witness in the case, and Defendant cannot provide a full defense without Dr. Jaeger's testimony. (Saldo...

Excerpt: ...Alisio (“Plaintiff”) to submit to deposition. Plaintiff is currently acting in pro per. On January 16, 2018, the Court granted Plaintiff's counsel's motion to be relieved as counsel of record. On January 17, 2018, Plaintiff's counsel filed proof of service of the order granting counsel's motion to be relieved on Plaintiff. Defendant properly served the instant motion to compel deposition on Plaintiff after counsel was relieved. LEGAL STANDARD...

Excerpt: ...y Petitioner. However, the Court has concerns regarding Counsel's request for fees of 40% of the gross settlement. Counsel has filed a declaration seeking to justify the fees sought on the basis that Defendant contested liability and filed a motion for summary judgment. Counsel took depositions of both LAPD officers, retained a police pursuit expert, and opposed Defendant's motion for summary judgment. (Stone Decl. ¿ 5.) Counsel prepared for and...

Excerpt: ...a 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 mail. On February 16, 2017, Plaintiff filed the requ...

Excerpt: ...18. Plaintiff seeks to continue these matters to allow for possible follow up surgeries and to pursue mediation. Plaintiff states that she underwent surgery on her back in May of 2017 and may need further surgery. Plaintiff's surgeon will be determining whether to pursue additional surgery in April of 2018, after additional time and testing. Th parties have also agreed to pursue private mediation. This mediation, however, cannot take place until ...

Excerpt: ...gainst Defendants County of Los Angeles (“County”), and Does 1 through 100, alleging a single cause of action for professional negligence. Defendant County has filed two motions to compel responses from Plaintiff for: (1) Request for Production of Documents (“RPD”), set one; and (2) Form Interrogatories (“FROG”), set one.[1] Defendant has also filed a third motion seeking an order deeming the truth of matters in Defendant's Request fo...

Excerpt: ...ons of plaintiffs Michelle Garcia and Sara Saucedo (“Plaintiffs”). Plaintiffs have not filed any opposition to the motions. 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 attenda...

Excerpt: ...o, and his employer, to be discussed below, (collectively, “Defendants”) that occurred on October 24, 2015. The complaint, filed Sept 18, 2017, alleges a cause of action for motor vehicle. On December 22, 2017, Defendants filed an answer to the complaint. Defendants now move to file an amended answer whereby they seek to change the name of Defendant Tinajera's employer. LEGAL STANDARD The court may grant leave to amend the pleadings at any st...

Excerpt: ...s. BACKGROUND Plaintiff filed an initial complaint on June 28, 2017, alleging two causes of action for negligence and an intentional tort. Plaintiff and Defendant were involved in a motor vehicle crash on an off‐ramp on the 405 freeway in Los Angeles. Defendant filed his first demurrer and motion to strike on November 1, 2017. Plaintiff opposed. On December 4, 2017, the Court sustained the demurrer with leave to amend and deemed the motion to s...

Excerpt: ..., if any, differences there are between the two motions. From the declaration that Counsel has submitted, it appears that upon retention of Counsel, Plaintiff initially provided a mailing address of 2620 West 141th Place # 3, Gardena, CA 90249 and telephone numbers of (562) 278–6462 and (562) 228–3896. Subsequently, on June 27, 2017, Plaintiff's caretaker, Derrick Wynne, provided counsel with a new address for Plaintiff: 14752 Crenshaw Blvd.,...

Excerpt: ...s. BACKGROUND On May 3, 2016, plaintiff Hortencia Palacios (“Plaintiff”) filed a complaint against defendants, City of Huntington Park and Does 1 through 25. Defendant City of Huntington Park (“Defendant”) filed its first demurrer on May 1, 2017. Plaintiff did not oppose. On May 31, 2017, the court sustained the demurrer with leave to amend. Any amended pleading was to be filed within 10 days of notice of the court's order. Defendant serv...

Excerpt: ...or 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 proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action....

Excerpt: ...ff”). Plaintiff filed an opposition on February 22, 2018. Defendant Brown's motions are denied without prejudice. Pursuant to CCP § 2024.020(a), “any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for trial in the action.” (Emphasis added.) On October 27, 2017, the Court granted ...

Excerpt: ...ved on December 14, 2017. Plaintiff filed her motion to compel further responses to discovery on February 6, 2018. Defendant filed an opposition on February 22, 2018. Plaintiff's Motion to Compel Further Responses to Request for Production is denied without prejudice. On January 31, 2018, Plaintiff filed an ex‐parte application to continue trial, from February 21, 2018 to May 8, 2018. The Court granted the continuance but stated that “Discove...

Excerpt: ...is set for April 6, 2018. Defendant seeks to continue these matters to allow for the conclusion of discovery. Defendant states that three depositions remain outstanding but have been noticed and are expected to move forward. Defendant also states that expert discovery has not taken place. Plaintiffs have filed no opposition to this motion. Defendant has submitted a stipulation to continue trial as Exhibit 1 to counsel's declaration. Defendant sta...

Excerpt: ...tiffs' Request for Production and <000303ee03ec03ed03f303 58L Plaintiffs filed the instant motion to compel further responses to discovery on January 31, 2018. Defendant filed an opposition on February 20, 2018. Plaintiffs' Motion to Compel Responses to Request for Production and Form Interrogatories is denied without prejudice. On December 5, 2017, Plaintiffs and Defendant stipulated to a continuance of the trial date, from December 29, 2017...

Excerpt: ...efendants Jasmin Diaz, Lourdes Stoup, and Does 1 through 10, alleging causes of action for motor vehicle and general negligence. Defendant Lourdes Stoup (“Defendant”) has filed three motions to compel responses from Plaintiff Victor Vallejano (“Plaintiff”) for: (1) Demand for Inspection and Production of Documents (“DIPD”), set one; (2) Form Interrogatories (“FROG”), set one; and (3) Request for Admissions (“RFA”), set one. On...

Excerpt: ...18. In reviewing Plaintiffs' opposition, the Court has discovered that several pages of documents cited by Plaintiffs in Plaintiffs' Responses to Defendant's Separate Statement have not been filed. Throughout Plaintiffs' Responses to Defendant's Separate Statement, Plaintiffs cite to pages of deposition transcripts that have not been included in Plaintiffs' exhibits or the moving Defendant's compendiums of exhibits. The Court has identified the f...

Excerpt: ...le negligently operated or entrusted by Defendants Eric Rodriguez, Sarah Rodriguez, and Mario Rodriguez (“Defendants”). The complaint, filed July 21, 2017, alleges two causes of action for motor vehicle and negligence per se. LEGAL STANDARD “Venue, the county in which an action takes place, is statutorily governed by the type or form of the particular action. ‘Venue is determined based on the complaint on file at the time the motion to ch...

Excerpt: ...ial. Defendant's motion for summary judgment is currently set for April 11, 2018. The FSC is set for May 23, 2018, and trial is set for June 6, 2018. Plaintiff seeks to continue these matters to allow for the conclusion of discovery before the Court hears the motion for summary judgment. Plaintiff lists several scheduled discovery items that Plaintiff believes are necessary for the motion for summary judgment including depositions of three of Def...