Excerpt: ...strative Servies Cooperative, Inc., and TM Transportation, Inc. for damages arising out of an automobile accident. Plaintiff, Noriko Dorra was a passenger in Defendants' cab when the accident occurred. Plaintiffs allege the individual defendant, Kedrick, who was a paid driver, fell asleep at the wheel, crashed into a tree, and overturned the car, causing Noriko to sustain personal injuries and Anthony to suffer loss of consortium. Plaintiffs' com...

Excerpt: ...s Plaintiff can make an offer of proof at the hearing showing how the causes of action can be amended to show how a viable claim can be alleged against Shadow Glen Homeowners Association. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349.) I. Background Facts On June 10, 2016, plaintiff Anaeis Issakhani (“Plaintiff”) filed a complaint against defendant Shadow Glen Homeowners Association Inc (“SGHA”) and does 1 to 50. On October 23, 2017, Plai...

Excerpt: ...against defendants Los Angeles County Metropolitan Transportation Authority (“Metro”), the City of Los Angeles (the “City”), the County of Los Angeles (the “County”) and Does 1 to 100 alleging causes of action for general negligence and motor vehicle negligence pursuant to various statutes including Government Code §§ 815.2, 815.4, 820, 830.8, 835 and 840.2 and Vehicle Code § 17001 and/or Civil Code § 2100. Plaintiff alleges that ...

Excerpt: ...ncement of this litigation, Plaintiff, Mather lived in LA County. Thereafter, Mather relocated to Alaska. 2. Motion to Compel At this time, Defendant moves to compel Plaintiff to attend a deposition in LA County, and also to attend an IME in LA County. a. Initial Note Opposition to the motion was due on or before 1/11/18. The Court has not received opposition to the motion. The Court notes that Defendant has previously filed three discovery motio...

Excerpt: ...f, Tigran Balasanyan, a minor by and through his GAL, Edgar Balasanyan, filed this action against Defendant, Glendale Unified School District for damages arising out of a fall that occurred when an exercise bike he was using had a defective pedal. The minor plaintiff suffered a punctured thigh, headaches, and back pain as a result of the incident, but has completely recovered from his injuries at this time. Plaintiff, by and through his GAL and a...

Excerpt: ...s filed their complaint 12/04/15. The case was scheduled for an FSC on 5/19/17 and trial on 6/05/17. Plaintiffs failed to appear at either hearing, and on 6/05/17, the Court dismissed the case. 2. Motion to Set Aside Dismissal On 12/04/17, Plaintiffs filed the instant motion to set aside the dismissal. Plaintiffs argue the failure to appear at trial was the result of Counsel's neglect. Plaintiff's attorney submits a declaration with the motion ex...

Excerpt: ...ff, associated Bish Law as co‐counsel for Plaintiff in this matter. At this time, Plaintiff's associated attorney of record, Mindy Bish/Bish Law APC, seeks to be relieved as counsel, contending there has been a breakdown in the attorney‐client relationship such that further representation is not possible. Counsel declares that the moving papers were served by mail on her client at the client's last known address. While Counsel has been unable...

Excerpt: ...nsel pm hac vice in this action. The application fully satisfies CRC 9.40. The applicant establishes that she is licensed in the States of Arizona and Nevada, and isin good standing. She has appeared pro hac vice in b,vo other cases in California in the past fivo years. She does not regularly work on live in California. A licensed California attorney, Todd Kaftchner, is associated as counsel in this case. The Courts only concern is the lack of pr...

Excerpt: ... Special Interrogatories, Set One, and Requests for Admission, Set One on Plaintiff. On 11/14/17, the Court granted Defendant's unopposed motions to compel responses to the foregoing discovery, and ordered Plaintiff to serve verified responses, without objections, within ten days. The Court also granted the motion to deem the RFAs admitted and imposed monetary sanctions in the amount of $555, payable within thirty days. To date, Plaintiff has not...

Excerpt: ..., but is not a party to the lawsuit. 2. Motion for Protective Order/to Compel Second Session of Deposition On 8/21/17, Defendant took Maxwell Johnson's deposition. Plaintiff's attorney, Daniel M. McGee, appeared at the deposition and indicated he was representing Maxwell in connection with the deposition. During the course of the deposition, McGee instructed Maxwell not to answer a variety of questions. At this time, Defendant seeks an order perm...

Excerpt: ...st defendant Araceli Medina (“Medina”) and Does 1 to 30 to recover the sum of $30,638.68 that Farmers was obligated to pay its insured, Henry Chan, for collision damage stemming from an accident allegedly caused by the defendants. On September 27, 2017, Medina, in pro per, filed a cross complaint against Farmers, Henry Chan, Belin Huang Chan aka Henry Chan and Roes 1 to 30. The Cross complaint alleges causes of action for (1) contributory neg...

Excerpt: ...gainst defendants Roberto Carlos Tejada‐Ruiz (“Ruiz”), Penske Truck Leasing Corporation, Penske Truck LSG Co. LLP and Does 1 through 25. On November 8, 2017, Plaintiff filed a first amended complaint (“FAC”) and included All Cartage Transportation Inc as a defendant. The FAC alleges causes of action for general negligence and motor vehicle negligence. On December 14, 2017, Ruiz, Penske Truck Leasing Corporation and Penske Truck LSG Co. ...

Excerpt: ...o carbon monoxide while a tenant in a property owned by Defendants. 2. Motion for Summary Judgment Defendants move for summary judgment on the complaint, contending it is barred by the statute of limitations and res judicata. The Court will consider the res judicata issue first. The doctrine of res judicata gives certain conclusive effect to a former judgment in subsequent litigation involving the same controversy. It seeks to curtail multiple li...

Excerpt: ...ross‐complaint against Real Time Staffing Services, LLC (referred to as “Select Staffing” in the moving papers) for indemnification and related claims. Defendant contends Select Staffing entered into a binding indemnification agreement with Defendant that governs Plaintiff's claims in this suit. A cross‐complaint against any of the parties who filed the initial complaint or cross‐complaint against the cross‐complainant must be filed b...

Excerpt: ...Automobile Insurance Company, moves for leave to intervene in the action. In Hodge v. Kirkpatrick Develop Inc. (2005) 130 Cal.App.4 th 540, 554, the court considered the issue of whether an insurance company with subrogation rights should be granted leave to intervene in the main action. It held that, per CCP §387(b), the insurance company's rights to obtain subrogation would be compromised if intervention were not allowed, and therefore interve...

Excerpt: ...iff by a patron of Defendants' nightclub. Plaintiff filed his complaint on 6/27/13. On 11/20/17, Defendants, Sunset Entertainment Group, LLC, Freddy Braidy, and Boulevard Nightlife Group, LLC filed the instant motion to dismiss. They move to dismiss the complaint pursuant to CCP §§583.410 and 583.420, and CRC Rule 373, which collectively permit the Court to dismiss an action if it has been pending for more three years and the plaintiff has not ...

Excerpt: ...he complaint on 8/20/15 and served it on Defendants on 12/30/16. 2. Motion to Compel Independent Medical Examination a. Initial Note Opposition to this motion was due on or before 1/08/18. CCP §1005(b). Plaintiff filed her opposition papers on 1/12/18, four days late. The Court cannot locate proof of service of the opposition papers. The Court has not considered the late‐filed (and possibly unserved) opposition papers. The Court notes that Def...

Excerpt: ...intiff has not served responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding interrogatories and RPDs, deeming the RFAs admitted, and imposing sanctions. As an initial note, any opposition to the motions was due on or before 1/09/18. CCP §1005(b). On 1/16/18, Plaintiff filed an untimely opposition to the motion. The Court reviewed the opposition for the sole purpose of determining wh...

Excerpt: ...ts' tram; the tram driver made a sudden turn, which caused Plaintiff to sustain a laceration on her knee; she has recovered fully from all injuries at this time. At this time Plaintiff, by and through her GAL and attorney of record, has agreed to settle all claims with Defendants for the total amount of $70,000. If approved, $6142.33 will be used for medical expenses, $23,333 for attorneys' fees, and $2960 for costs of suit; the net balance of $3...

Excerpt: ...endants, Cedars‐Sinai Medical Center and Carole Jordan‐Harris, M.D. for medical malpractice arising out of Defendants' care and treatment of Mia in connection with her mother's labor and delivery. Mia suffered serious cognitive injuries as a result of the labor and delivery, and her deficiencies are not expected to completely resolve at any point in her lifetime. 2. Settlement At this time, the parties have agreed to settle the entire action....

Excerpt: ...0/18. Defendant therefore seeks an order continuing the trial date until after the MSJ hearing date. To date, no party has filed opposition to the motion. The Court, in ruling on the motion, is guided by the case of Wells Fargo Bank v. Superior Court. The Court therein held that a trial court may not refuse to hear a summary judgment motion filed within the time limits of section 437c. (Wells Fargo Bank, N.A. v. Superior Court (1988) 206 Cal.App....

Excerpt: ... final) prior to the hearing: Plaintiffs, Danilo and Nenita DeFiesta filed this action against Defendant, Elio Ramos for damages arising out of an automobile accident. Plaintiffs have attempted to take Defendant's deposition, and Defendant has not appeared. At this time, Plaintiffs move to compel the deposition. Defendant opposes the motion. The opposition is based on Defense Counsel's declaration. Defense Counsel declares that Defendant is homel...

Excerpt: ...rder. I. Background Facts On March 14, 2017, plaintiff Moon Ja Pang (“Ms. Pang”) filed this action against defendants Saint Vincent Medical Center (erroneously sued as Saint Vincent Hospital) (“SVMC”), Dr. Edward Mcpherson and Does 1 through 20, alleging a cause of action for medical malpractice. On August 16, 2017, defendant Dr. Edward Mcpherson was dismissed from the action with prejudice. On August 30, 2017, the Court sustained SVMC's ...

Excerpt: ...led a complaint against defendants Jory S. Gorcey (“Gorcey”), the City of Los Angeles (the “City”), the Department of Water and Power (“DWP”) and Does 1 to 12. Plaintiff alleges a cause of action for general negligence against Gorcey and a cause of action for premises liability against the City and DWP. The complaint alleges the following: 1) on November 10, 2015, Plaintiff and several other riders including Gorcey were on a group bik...

Excerpt: ...ishes to hear from Counsel at the hearing on the issue. Counsel's declaration, ¶3, indicates Client was served via mail at a confirmed address. Counsel declares the address was confirmed via “Westlaw Search.” The Court wishes to hear how the Westlaw Search was conducted, what the results were, and why Counsel believes a Westlaw Search “confirms” an address; in other words, is a Westlaw Search a reliable source of information to reveal an...

Excerpt: ...ff”), filed a complaint against defendants Tufesa USA LLC (“Tufesa USA”), Tufesa International, Tufesa Los Angeles and Does 1 to 100 alleging causes of action for general negligence and motor vehicle negligence. Plaintiff alleges the following: 1) on May 31, 2016, in Mexico, the defendants carelessly and negligently managed, trained, employed and supervised their employees. (Complaint p. 4 GN‐1); 2) The defendants carelessly and negligent...

Excerpt: ...int: (1) page 3 paragraph 9 in entirety; (2) page 5 prayer no. 4 for exemplary damages; and (3) page 5 prayer no. 6 for attorney's fees and costs of suit incurred. Plaintiff is granted with fifteen days' leave to amend. I. Background Facts On July 24, 2017, plaintiff Hyun Sil Kim (“Plaintiff”), filed a complaint against defendants CWC Investments Inc (“CWC”), John Kim and Does 1 to 25 alleging causes of action for (1) strict liability bas...

Excerpt: ...ovember 3, 2017, plaintiffs Mi Jung Parkyoon and Huyng Oh Kwoun (jointly “Plaintiffs”) filed a complaint against defendants Hart Dasteel (“Dasteel”) and Does 1 to 25 (“Metro”) alleging causes of action for (1) negligence and (2) punitive damages. The complaint includes a prayer for punitive damages based on the second cause of action. Plaintiffs allege that on November 30, 2016, Dasteel negligently and carelessly owned, operated and d...

Excerpt: ... for judgment on the pleadings, contending he recently received a bankruptcy discharge that includes Plaintiff's claims in this suit. Plaintiff opposes the motion, arguing she can continue to prosecute this action against Defendant through his insurance company despite the discharge. The following issues are presented by way of the motion:  Should the Court consider the opposition?  Is judgment on the pleadings appropriate in light of the b...

Excerpt: ...cklessly at the time of the subject accident. Plaintiff filed his complaint on 4/05/16. On 3/20/17, he filed proof of service of the summons and complaint, showing service on Defendant via personal service on an unspecified date. On 5/08/17, Defendant filed his answer to the complaint. On 12/20/17, Defendant filed the instant motion to strike portions of the complaint. Per CCP §435(b)(1), Defendant was obligated to file his motion to strike no m...

Excerpt: ...e breakdown in the relationship are provided in Counsel's declaration in support of the motion. Counsel declares he served the moving papers on Client at an address that has been confirmed by telephone The motion is denied because it is set to be heard unreasonably close to the trial date. The trial date in the case is 2/13/18, and the FSC is scheduled for 2/01/18, approximately two weeks after the hearing on this motion. Unlike their clients, at...

Excerpt: ...aintiff alleges Defendant's dental care and treatment resulted in a mandibular fracture and substantial pain and suffering. Plaintiffs filed the action on 9/30/11. The parties agreed to several continuances of the trial date. On 10/10/14, the trial court granted Defendant's motion for summary judgment. Plaintiffs appealed. The court of appeals reversed, and on 8/02/16, the case was remanded back to the trial court. On 6/14/17, the trial court hel...

Excerpt: ...ins a prayer for punitive damages based on the allegation that Defendant was intoxicated at the time of the subject accident. Specifically, Plaintiffs' operative First Amended Complaint alleges: At all times herein mentioned, Defendant JAMES DELANEY, acted in a conscious disregard of Plaintiffs' rights. Defendant JAMES DELANEY maliciously and recklessly operated a motor vehicle upon a public highway while under the influence of alcohol when he kn...

Excerpt: ...cated he suffered injuries to his hand, wrist, neck, and lumbar spine, but indicated only the injuries to his hand and wrist were ongoing. On 4/06/17, Plaintiff sat for deposition. At that time, he indicated his injuries to his neck and lumbar spine were ongoing. At this time, Defendants move to compel Plaintiff to attend a second IME, the purpose of which is to examine his complaints of neck and upper lumbar pain. Plaintiff opposes the motion, a...

Excerpt: ...pers on Defendants. The Court issued a tentative ruling denying the motion due to failure to file proof of service. Plaintiff appeared at the hearing on the motion, and the Court agreed to continue the hearing to permit Plaintiff to serve Defendants. On 12/01/17, Plaintiff filed proof of service of the moving papers as well as a notice of continuance. On 1/04/18, Defendants timely filed opposition to the motion. On 1/10/18, Plaintiff timely filed...

Excerpt: ...y days' leave to amend. I. Background Facts On July 28, 2017, plaintiff Phamie White (“Plaintiff”), in pro per, filed a complaint against defendants Grand Medical Associates (“Grand”), Thomas J. Cachur Jr. DO (“Cachur”) (erroneously sued as Dr. Thomas Cachur Jr.) and Does 1 to 20. On September 28, 2017, Plaintiff filed a first amended complaint (“FAC”) alleging causes of action for (1) negligent failure to diagnose and treat again...

Excerpt: ... ultimately filed these motions on 12/28/17. As an initial note, Defendant's motions to compel were originally scheduled to be heard on 1/17/18, and the motion to deem RFAs admitted was scheduled to be heard on 1/18/18. The Court continued the hearing on the 1/17/18 motions to compel to 1/18/18, to be heard concurrently with the motion to deem RFAs admitted. On 1/04/18, Plaintiff filed opposition to the motions. Plaintiff argues, in opposition to...

Excerpt: ...e FAC: page 2 lines 25‐27; Paragraph 21 on page 5; Paragraph 22 on page 5; Paragraph 23 on page 5; and Plaintiff's prayer for attorney's fees on page 6 line 20. The remaining requests to strike are DENIED. The Court GRANTS Plaintiff fifteen days' leave to amend. I. Background Facts On June 29, 2017, plaintiff Brian Wongsang Kim (“Plaintiff”) filed a complaint against defendants Los Angeles County Metropolitan Transportation Authority (“Me...

Excerpt: ... out of an automobile accident. Each of the three plaintiffs has appeared for deposition. Shamsian contends, however, that they failed to produce documents at their depositions, and that they should be compelled to do so. The motions are denied for two reasons. First, the moving papers fail to show good cause for production of the documents sought, as required by §2025.450(b)(1). Second, CRC 3.1345(5) makes clear that a separate statement must b...

Excerpt: ..., LLC, following a mediation. The settlement was conditioned upon Plaintiffs dismissing their action against GM. GM provided Plaintiffs with settlement checks, and Plaintiffs provided GM with a request for dismissal. Plaintiffs' attorney asked that the dismissal not be filed until the process of negotiating Plaintiffs' Medi‐Cal liens was completed. Defense Counsel inadvertently filed the request for dismissal form before Plaintiffs completed th...

Excerpt: ...ponses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery, deeming the RFAs admitted, and ordering Plaintiff to pay sanctions. Defendant's motions to compel are granted. Plaintiffs is ordered to serve verified responses to form interrogatories, special interrogatories, and RPDs, without objections, within ten days. CCP §§2030.290(a),(b), 2031.300(a),(b). To the extent Defendant ...

Excerpt: ...parties executed two stipulations to continue the trial date, and the trial date was ultimately set for 11/02/17. Shortly before the 11/02/17 trial date, the parties executed a third stipulation to continue the trial date. The Court rejected the stipulation because only two continuances by way of stipulation are permitted under the personal injury court's rules. The parties, however, did not receive notice of the rejection of the stipulation unti...

Excerpt: ...out of a trip and fall in a parking lot. At this time, Plaintiff moves for trial setting preference pursuant to CCP §36(a), which provides: (a) 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) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessa...

Excerpt: ...��Plaintiffs”), filed a complaint against defendant Western Freight Carrier Inc (“Western”) and Does 1 to 30. On November 3, 2017, Plaintiffs filed a first amended complaint (“FAC”) alleging causes of action for motor vehicle negligence and general negligence. On December 11, 2017, Western and Rivas (jointly “Demurring Party”) filed a demurrer to the FAC. On January 4, 2018, Plaintiffs filed an opposition. Meet and Confer Before fil...

Excerpt: ...ndividually and as the parent and heir of Natalie Korngute Hall (“Decedent”), filed a complaint against defendants Jesse Abell (“Abell”), Randi Marla Curtis (“Curtis”) and Does 1 to 30 alleging causes of action for premises liability against Curtis and Does 1 to 30 and negligence and wrongful death against all defendants. The complaint alleges the following: 1) on February 17, 2017, Decedent died while on premises owned, controlled an...

Excerpt: ...e moving papers. First, the Court cannot locate a proposed order on the motion (or a proof of service of the proposed order). CRC 3.1362(d), (e). Second, the Court cannot locate proof of service of the moving papers on Plaintiff or on Defendant, who has appeared in the action. If Counsel re‐files the motion, the Court asks Counsel to file a declaration with specific facts concerning the outcome of his attempts to confirm his client's address. F...

Excerpt: ...d responses. Plaintiff therefore seeks an order compelling Defendants to respond, without objections, to the outstanding discovery and to pay sanctions. Plaintiff's motions are granted. Defendants are ordered to serve verified responses to form interrogatories, without objections, within ten days. CCP §2030.290(a),(b). Sanctions are mandatory. §2030.290(c). Plaintiff seeks sanctions in the amount of $1170 total. Specifically, Plaintiff seeks to...

Excerpt: ...mited to limited jurisdiction court, contending Plaintiff will not recover damages in excess of the jurisdictional limit in this case. Defendants argue Plaintiff's medical bills are approximately $7000 and she has no lost earnings claim. Defendant also notes Plaintiff made a §998 offer of $12,000. Plaintiff opposes the motion, arguing that (a) she has ongoing pain and suffering from the accident, (b) she has a claim for property damage, and (c) ...

Excerpt: ... not served responses. Defendant therefore seeks an order compelling Plaintiffs to respond, without objections, to the outstanding discovery and to pay sanctions. Defendant's motions are granted. Plaintiffs are ordered to serve verified responses to form interrogatories, special interrogatories, and RPDs, without objections, within ten days. CCP §§2030.290(a),(b), 2031.300(a),(b). Sanctions are mandatory. §§2030.290(c), 2031.300(c). Defendant...

Excerpt: ...notice. Defendant filed its motion on 12/05/17, and the motion bears proof of service showing the motion was also served on 12/04/17. Defendant's motion fails to comply with the safe harbor provision set forth in §128.7(c)(1), which requires the motion to be served on the opposing party at least 21 days before the motion is filed. The motion is denied due to failure to comply with the safe harbor period requirements. The Court notes that Plainti...