Excerpt: ...t of a collision between her vehicle and a vehicle operated by Defendant Rafael Vargas while acting in the scope of employment of Defendant Plumbing System Est, Inc. The complaint, filed March 9, 2017, alleges causes of action for: (1) negligence; (2) respondeat superior; and (3) negligent entrustment. Plaintiff moves to quash or limit Defendants' subpoenas for production of business records to: (1) 21 st Century Insurance Company, for Plaintiff'...

Excerpt: ...Demand for Inspection and Production of Documents (“DIPD”), set one; and (2) Special Interrogatories (“SROG”), set one. On October 18, 2017, Defendant served on Plaintiff the discovery requests. As of the filing of the motions, Defendant states that Defendant has not received responses from Plaintiff. Defendant allowed plaintiff's counsel several extensions but did not receive any discovery responses. On January 2, 2018, plaintiff's couns...

Excerpt: ...Pat Hanley (“Defendant”). The incident occurred on July 26, 2014. The complaint, filed July 14, 2016, alleges causes of action for motor vehicle and negligence. Defendant moves for an order compelling Plaintiff to submit to her deposition and for sanctions against Plaintiff and her counsel Siamak Vaziri. Plaintiff has filed an opposition. LEGAL STANDARD Pursuant to CCP §2025.450, if after service of a deposition notice, a party to the action...

Excerpt: ...sit on August 11, 2015. He alleges that Defendant negligently performed dental treatment, which resulted in Plaintiff experiencing pain and numbness of the jaw. The Complaint, filed August 1, 2016, alleges a single cause of action for dental malpractice. LEGAL STANDARD A defendant moving for summary judgment has the burden of proving that one or more elements of a cause of action cannot be established or that there is a complete defense to a caus...

Excerpt: ...o (passenger, “Kathleen”), and Jillian Zambrano (back seat passenger, “Jillian”) and Defendants Andrew Drobot and the City of Redondo Beach. The accident occurred while a police officer of the Redondo City Police Department was pursuing Defendant Drobot, who was driving in a black jaguar. Plaintiffs contend that the officer was negligent in pursuing Drobot at high speeds in a residential neighborhood. During this pursuit, Drobot caused hi...

Excerpt: ...nt Norman Audilio Moreno on June 17, 2014. The complaint, filed March 15, 2016, alleges a single cause of action for motor vehicle negligence. Plaintiffs filed the instant motion on January 24, 2018 to compel the production of various documents. Plaintiffs initially requested the documents in a subpoena of the Defendant for his deposition and production of documents. Plaintiffs state that these documents were not produced at the deposition. Plain...

Excerpt: ...amination by Dr. William Dillin and a neurological examination by Dr. Barry Ludwig. Plaintiff has refused to attend either examination. Defendant filed the instant motion to compel two IMEs on January 26, 2018. Plaintiff filed her opposition on February 9, 2018. DISCUSSION Where the physical condition of the plaintiff is in controversy in a personal injury case, the defendant may seek discovery by physical examination of the plaintiff. (Code Civ....

Excerpt: ...ntiff allegedly purchased a double oven from Defendant, but after Plaintiff received the product, he discovered that it contained defects. Defendant eventually offered to repurchase the product and to pay $500 in attorney's fees. However, Plaintiff did not accept the offer arguing that Defendant failed to offer to reimburse Plaintiff for his consequential and incidental damages. On December 5, 2017, the parties reached a settlement agreement in w...

Excerpt: ...e and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” Evid. Code §452(c) provides the Court may take judicial notice of “[o]fficial acts of the legislative, executive, and judicial departments of the United States and of any state of the United States.” In addition, “[t]he court will take judicial notice of records such as admissions, answers to interrogatories, affidavits, a...

Excerpt: ...illiam Kwok for personal injury damages. Both suits were brought against the other driver, Defendant Jorge Dehorta. Legal Standard Relief from Waiver of Jury Trial Pursuant to CCP § 631(g), “The court may, in its discretion upon just terms, allow a trial by jury although there may have been a waiver of a trial by jury.” Reclassification CCP § 403.040 allows a plaintiff to file a motion for reclassification of an action within the time allow...

Excerpt: ...lely be directed at verifying that Plaintiff's calculations are correct and consistent with this decision, and is not to be used to further argue any of the issues resolved herein. Background Plaintiff 4501 Cedros Homeowners' Association, Inc. alleges one of the homeowners subject to the homeowners' association's CC&R's, Defendant Fereshteh Nasseh, is delinquent in her payments to Plaintiff. Plaintiff brought suit to obtain a money judgment for t...

Excerpt: ...d to pay the required fees. On June 13, 2016 the Court granted Plaintiff's motion to enforce court order compelling arbitration and sanctions. On December 23, 2016 the Court granted sanctions against Defendant in the amount of $1,500. On January 9, 2017 Plaintiff sent an email to Defendant proposing to arbitrate with the Honorable Charles G. Rubin. Plaintiff thought this would be a better solution based on Defendant's expressed concerns that AAA ...

Excerpt: ...ch of contract case. Plaintiff Goodson Real Estate Co. alleges Defendant Elite Building Materials violated its contract by untimely delivering damaged doors that Plaintiff had ordered. Legal Standard Interrogatories Where there has been no timely response to interrogatories served under CCP § 2030.010, the propounding party may move for an order compelling responses and for a monetary sanction. (CCP § 2030.290(b).) The statute contains no time ...

Excerpt: ...0f000300440051004700 00530044004c00470003>within 30 days thereafter. In doing so, the parties agreed “to a complete mutual release of all claims, known and unknown, and hereby waive section 1542.” See Stipulation re Settlement at p. 1. The parties also requested and agreed “to this Court's continuing jurisdiction under C.C.P. 664.6, and further agree to enforcement of this agreement by motion with attorney fees awarded to prevailing party d...

Excerpt: ...r 5, 2017 to October 5, 2019. $7.12 shall be paid on or before November 5, 2019. Defendant had made $600 in payments but have since defaulted on the terms of the settlement for the payment due June 2017. Plaintiff moves the court to enforce the settlement in the amount of $6,124.15. The amount is made up of the $5,207.12 in unpaid principal, $602.03 interest, and $315 in costs for filing and service. DISCUSSION Pursuant to C.C.P. § 664.6: “If ...

Excerpt: ...alleges he used to work for a now defunct entity named Cater House. Plaintiff alleges Defendants Walter Pao and Freda Yang were the principals of Cater House. Plaintiff alleges the Labor Commissioner brought an action against Cater House on behalf of its employees, for unpaid wages and other Labor Code violations, and that a judgment in Plaintiff's favor for $5,318.27 was subsequently recorded. However, Plaintiff alleges Cater House dissolved in ...

Excerpt: ...�); Lisa Ficarra (“Ficarra”); Charles Dilluvio (“Dilluvio”); and Does 1 to 10 for breach of contract, fraudulent conversion, and misrepresentation. On January 26, 2018, Defendants Seacor Capital, Ficarra, and Dilluvio (collectively “Defendants”) filed the instant motion to quash deposition subpoena. Plaintiff filed an opposition on February 13, 2018. Defendants filed a reply on February 20, 2018. Legal Standard CCP § 2017(a) allows d...

Excerpt: ...stipulation to continue trial. However, the Court did not sign the stipulation, and called the matter for trial on May 15. Since no parties were present, the matter was dismissed. On October 5, 2017, the Court granted Plaintiff's motion to vacate the dismissal, and set trial for April 5, 2018. Defendant now seeks to take Plaintiff's deposition. CCP § 2024.050 states: (a) On motion of any party, the court may grant leave to reopen discovery after...

Excerpt: ...ject property and Defendant Rayataliabady was the tenant. On June 3, 2016 default was entered against both Defendants. Plaintiff and Defendant Rushynski stipulated to set aside the default. Defendant Rushynski was dismissed from the case on July 26, 2017. On September 28, 2017, default judgment was entered against Defendant Rayataliabady. On January 18, 2018, Defendant Rayataliabady brought the instant motion to set aside default. Legal Standard ...

Excerpt: ...y plaintiff $3,000 in a series of installments. $75 to be paid on or before the first of each month from August 1, 2016 to November 1, 2019. Upon completion, the action would be dismissed. The settlement was not filed with any court and no judgment was entered, as long as the defendant made the installment payments. In the event of default, plaintiff would have the right to file the stipulation and to seek the full amount that was owed (i.e. $11,...

Excerpt: ...r and Tailor Heer filed a complaint against Defendant Adabelle Ekechukwu, Cal Trans, and Does 1-50, alleging causes of action for negligence and dangerous public condition.[1] Defendant Cal Trans served a subpoena for Defendant Ekechukwu's telephone records on Ekechukwu's telephone service provider, Cellco Partnership dba Verizon Wireless. Cal Trans' subpoena requests “All documents reflecting text messages sent, text messages received, outgoin...

Excerpt: ...on involves a motor vehicle accident between Plaintiff Samvel Vagarshakian, who was driving Plaintiff Diana Rozenoyer's vehicle, and a tractor-trailer driven by Defendant Raymond Harry Humecky, which was owned/entrusted by Defendants Pepsico, Inc. and New Bern Transport Corporation (collectively, “Defendants”). The accident occurred on September 11, 2015. The complaint, filed July 27, 2016, alleges causes of action for general negligence and ...

Excerpt: ... Vallejano filed the complaint, on February 1, 2017 against Defendants Jasmin Diaz, Lourdes Stoup, and Does 1 through 10, alleging causes of action for motor vehicle and general negligence. Defendant Stoup moves for an order compelling Plaintiff to attend his deposition on March 1, 2018 at 10:00 a.m. at the offices of Mark R. Weiner & Associates at 655 N. Central Avenue, Suite 1125 in Glendale, California. Defendant also request monetary sanction...

Excerpt: ...n ad litem Keith R., alleges that on January 16, 2015, she was injured when a fellow student at Lennox Middle School physically attacked her. The complaint, filed October 13, 2015, alleges causes of action for: (1) negligent supervision; (2) assault, (3) battery, and (4) intentional infliction of emotional distress. On February 2, 2018, Plaintiff filed the instant motion for leave to amend the complaint to add a cause of action for “Breach of M...

Excerpt: ...gs or parts of pleadings which are not filed or drawn in conformity with applicable laws, rules or orders. (CCP § 436(b).) Motions to strike in limited jurisdiction courts may only challenge pleadings on the basis that “the damages or relief sought are not supported by the allegations of the complaint.” (CCP § 92(d).) A motion to strike is used to address defects that appear on the face of a pleading or from judicially noticed matter but th...