Excerpt: ...negligence. Trial is set for February 14, 2018. DISCUSSION Defendants and plaintiff request an order compelling plaintiff to appear for his deposition and independent medical examination with Dr. Tony Strickland in the United States. Defendants and plaintiff also request that the court continue the trial date to December 3, 2018. Compel deposition CCP § 2025.250 requires that depositions occur within 75- or 150-mile limits of the deponent's resi...

Excerpt: .... On April 4, 2017, plaintiff dismissed City of Los Angeles. On May 1, 2017, plaintiff dismissed County of Los Angeles. Trial is set for August 17, 2018. LEGAL STANDARD The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. See Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915; People v. Prince (19...

Excerpt: ...erson Elementary School (together “Defendant”). Plaintiff alleges that on or about March 8, 2016, Defendant “negligently…maintained said premises as to directly and proximately cause injury to Plaintiff, Henry Barragan, while under their care and supervision.” (Complaint, p. 4 ¶ Prem.L-1; see also p. 5 ¶ GN-1.) On December 19, 2017, Defendant filed a notice motion for demurrer and motion to strike against Plaintiff's entire complaint....

Excerpt: ...zardous conditions existing, causing severe injuries.” (Complaint ¶ 6.) On October 11, 2017, Plaintiff filed a doe amendment, replacing two fictitious names with defendants, Carlos Cadiz and Cadiz & Cadiz Architects (together “Defendant”). On December 12, 2017, Plaintiff filed a Certificate of Merit under Code of Civil Procedure § 411.35. On January 11, 2018, Defendant filed a demurrer against Plaintiff's entire complaint. The court has c...

Excerpt: ...e Casino. He suffered injury while being transported by, and disembarking from, the bus. On July 13, 2015, plaintiff filed an Amendment to Complaint, substituting Yuan Fu Wang as defendant Doe 1. Trial is set for March 29, 2018. LEGAL STANDARD The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. See R...

Excerpt: ...was lying on the third level of a ship bunk. She was suddenly thrown from her bunk to the floor below and sustained serious injuries. On January 27, 2017, plaintiff filed amendments to complaint, designating Triton Sourcing Inc as Doe 1 and Scott Chang as Doe 2. Trial is set for June 28, 2018. LEGAL STANDARD The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the cl...

Excerpt: ...t that occurred on January 2, 2014. On December 19, 2017, plaintiff filed an amendment to the complaint, designating Sandra Ascencio as Doe 1. LEGAL STANDARD When considering demurrers, courts read the allegations liberally and in context. Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216, 1228. “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where...

Excerpt: ...Company, and Burdge & Associates Architects for premises liability. Plaintiff alleges that on November 13, 2014, while she was present at defendants' outdoor shopping mall, plaintiff tripped and fell as a result of an unmarked, unguarded height differential. Defendants' premises were negligently designed, built, owned, managed, inspected, operated, and maintained, thereby causing the premises to be in a dangerous condition. On May 1, 2017, plaint...

Excerpt: ...sed on common law, strict liability based on dog bite statute, and premises liability. On December 28, 2017, defendant Janette Sanchez filed a substitution of attorney. She is now representing herself. On February 5, 2018, defendant Lydio Sanchez filed an association of attorney, associating the law firm of Hanger, Steinberg, Shapiro & Ash. DISCUSSION Plaintiff requests an order compelling defendant Lydio Sanchez to appear for his deposition. CCP...

Excerpt: ... train when her heel got stuck between the train and platform edge, which caused plaintiff to fall and seriously injure herself. On December 22, 2016, defendant filed an answer. Trial is set for May 2, 2018. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Under CRC Rule 3.1332(...

Excerpt: ...ked up and struck plaintiff's body. LEGAL STANDARD Actions in which the amount in controversy is $25,000 or less are classified as limited jurisdiction cases. CCP § 86(a)(1). CCP § 403.040 provides, in relevant part: “(a) The plaintiff . . . may file a motion for reclassification within the time allowed for that party to amend the initial pleading. The defendant . . . may file a motion for reclassification within the time allowed for that par...

Excerpt: ...based on a slip and fall incident in her bathroom on September 13, 2013. On July 3, 2017, the court granted plaintiff's counsel's motion to be relieved as counsel, effective upon filing the proof of service of the order. On July 12, 2017, plaintiff's counsel filed a proof of service of the order. On December 5, 2017, the court granted defendants' motions to compel responses to supplemental discovery and request for admissions. The FSC/trial is se...

Excerpt: ...at a Wendy's store, located in Culver City, she was assaulted and subjected to false imprisonment by a security guard employed by Prestige. KNJ contracted with Prestige to provide security services. On July 3, 2017, plaintiff filed an amended complaint asserting negligence, false imprisonment, assault, IIED, and negligent hiring and supervision. DISCUSSION Plaintiff Denise Orioli requests that the court quash and/or modify the subpoenas served up...

Excerpt: ...hat the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010). “Failure to timely respond to RFA does not result in automatic admissions. Rather, the propounder of the RFA must ‘move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, a...

Excerpt: ...ant Pham Tuy dba Velvet Nails for general negligence. She alleges that in September 2015, defendant's tools and facilities to perform manicures and pedicures on plaintiff were contaminated with an infectious fungus. She contracted a serious fungal infection in the nails of her fingers and toes that proved difficult and expensive to treat. On January 29, 2018, plaintiff's counsel filed a motion to be relieved as counsel, set for March 13, 2018. Tr...

Excerpt: ...th February 15 and February 21. (The February 15 motion was subsequently cancelled by plaintiff.) On February 02, 2018, defendant Justin Terrance Gammage filed three identical oppositions, each stating that plaintiff's motions were improper, because plaintiff failed to first conduct an informal discovery conference. Defendant argued that all of plaintiff's discovery motions should be denied absent an IDC. Defendant further agreed to extend the fi...

Excerpt: ... the escalator when the escalator stopped and malfunctioned, causing plaintiff's injuries. Trial is set for March 6, 2018. LEGAL STANDARD The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. See Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915; People v. Prince (1968) 268 Cal. App. 2d 398. CRC R...

Excerpt: ... bus became involved in an accident, injuring plaintiff. On September 18, 2017, City of Los Angeles, acting by and through the LA Department of Water and Power, filed a cross-complaint against LA County MTA for apportionment of fault, indemnification, and declaratory relief. On December 11, 2017, the court deemed BC669234 and BC670263 related. BC670263 On July 28, 2017, plaintiff Curtis Motel Holmes filed a complaint against defendant LA Departme...

Excerpt: ...��is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843. “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evi...

Excerpt: ...d at Defendant's nightclub when she was knocked over, falling through a class table top. DISCUSSION Defendant seeks evidentiary and monetary sanctions against Plaintiff for failure to produce documents in response to Defendants Request for Production, Set Two. Alternatively, Defendant seeks an order compelling compliance and monetary sanctions. If a party fails to comply with a court order compelling discovery responses or attendance at a deposit...

Excerpt: ...negligently left on the floor causing injuries and damages.” (Complaint, p. 5/12 ¶ Prem.L‐1.) On August 29, 2017, Plaintiff filed an amendment to the complaint, replacing a fictitious name with the true name of a defendant, On Camera Audience, Inc. (“On Camera”). After Plaintiff's fictitious name amendment, Defendants deposed Plaintiff's wife, Jean Gurr. Following the deposition, On Camera filed a motion for judgment on the pleadings on ...

Excerpt: ...e other discovery, as to special interrogatories, plaintiff argues no responses were ever received. Plaintiff therefore requests that the court order defendant to provide responses. Plaintiff also requests $1,050.00 in sanctions. On February 06, 2018, defendant Justin Terrance Gammage filed an opposition stating that responses, without objections, were served on plaintiff on February 06, 2018. (Michaelson Decl. ¶ 2.) A copy of the responses were...

Excerpt: ...es, California. Plaintiff alleges a Los Angeles County Sheriff's employee was driving a car and ran a red traffic light. On November 22, 2017, plaintiff filed a first amended complaint. On December 12, 2017, defendants filed this motion to strike plaintiff's prayer for punitive damages from the first amended complaint. On February 5, 2018, plaintiff filed an opposition to the motion to strike. On February 9, 2018, defendants filed a reply. Hearin...

Excerpt: ...laintiffs filed CCP § 998 Offers to Compromise. It is unclear when these were accepted, but on November 17, 2017, plaintiffs filed a memorandum of costs, seeking costs for the suit. On December 07, 2017, defendant filed a motion to strike and/or tax costs. Subsequently on January 03, 2018, plaintiffs filed notices that the Offers to Compromise had been accepted. Additionally, on February 02, 2018, plaintiffs filed an opposition to defendant's mo...

Excerpt: ...aboghosian (4) Motion to Compel Responses to Interrogatories against Plaintiff Alen Karaboghosian (5) Motion to Deem Admitted Requests for Admissions against Plaintiff Alen Karaboghosian (6) Motion to Deem Admitted Requests for Admissions against Plaintiff Alfred Karaboghosian The court considered the moving papers. No opposition was filed. BACKGROUND On June 9, 2017, plaintiffs Alfred Karaboghosian and Alen Karaboghosian filed a complaint agains...

Excerpt: ... December 23, 2016, Plaintiffs filed the instant complaint against Defendants, alleging Defendants' gross negligence was the reason that Stella Davis died three weeks after having surgery at Defendant Long Beach Memorial Hospital. This action is brought by decedent Ms. Davis's daughter, Plaintiff Nina Allison, and decedent's alleged close friend, Plaintiff Marion Lee, Jr., for malpractice and wrongful death. LEGAL STANDARD Interrogatories If a pa...

Excerpt: ...aintiff brought suit against (1) MPI Ltd., the owner of the property; (2) DSL Construction Corp., the management company for the property; (3) Mickey Fine Enterprises, the lessee of the portion of the property where the café operates, and which was in possession of the premises where the fall occurred; (4) G and J Gross, Inc., which plaintiff alleges was part of the lease of the premises; and (5) CM Cleaning Solutions, Inc., the independent cont...

Excerpt: ...25, 207, Plaintiffs filed their First Amended Complaint against Defendants Eric S. Chan, MD (“Dr. Chan”), Eric S.P. Chan MD Inc., San Gabriel Valley Medical Center (the “SGV Med. Center”), and AHMC Healthcare, Inc., alleging causes of action for (1) Negligence – Professional Medical Negligence, (2) Negligence – Res Ipsa Loquitor, and (3) Loss of Consortium. Plaintiffs allege that on January 14, 2014, Plaintiff Guo arrived at SGV Med. ...

Excerpt: ...er 2, 2017. Defendant filed a demurrer to the FAC on January 4, 2018. // // LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216, 1228.) In a demurrer proceeding, the defects must be appar...

Excerpt: ...tes (“Defendant”) was driving Jet Speed Plumbing's work truck and collided with four parked vehicles. Plaintiff was in one of those vehicles. Trial is currently set for May 21, 2018. LEGAL STANDARD Continue Trial CRC, Rule 3.1332(c)‐(d) states: (c) Grounds for continuance Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmati...

Excerpt: ... maintained a common area staircase in an apartment building. Plaintiff was injured slipping and falling down the stairs. \\ \\ LEGAL STANDARD Interrogatories If a party that has propounded interrogatories believes that the responses received are evasive or incomplete, or that an objection to the interrogatories is without merit or too general, the propounding party may bring a motion to compel further responses to the interrogatories. (Code Civ....

Excerpt: ...cident where Plaintiff tripped over a grated steel hydraulic ramp attached to the defendants' service truck which was left unattended in an improper area in front of a medical doctor's office. As a result, Plaintiff fell and broke his hip and femur requiring him to undergo emergency hip replacement surgery. REQUEST FOR JUDICIAL NOTICE The Court grants Hugh Hoard Inc's request for judicial notice of Hugh Hoard Inc's statement of information field ...

Excerpt: ...e Alfredo Montiel (“Montiel”) and Wiemar Distributors Inc (“Wiemar”) (jointly “Defendants”) for negligence and negligence per se based on a January 3, 2014, motor vehicle accident where Montiel, an employee of Wiemar, caused a vehicle to vehicle collision with Plaintiff. On January 19, 2016, Plaintiff filed a first amended complaint. On September 18, 2017, Plaintiff filed a notice of settlement. On February 13, 2018, Defendants filed ...

Excerpt: ...r for motor vehicle and general negligence based on a February 27, 2015 motor vehicle accident. Trial is set for July 24, 2018. LEGAL STANDARD “If 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 motion reasonably made by any person described in subdivision...

Excerpt: ...Historic Trust, and Hollywood Chamber of Commerce for general negligence and premises liability based on a June 2, 2015 accident where Plaintiff slipped and fell due to a dangerous condition of public property consisting of a hole in the sidewalk on Hollywood Boulevard. On August 23, 2016, Hollywood Chamber of Commerce was dismissed from this action with prejudice. On August 28, 2017, Plaintiff filed a notice of settlement. On August 30, 2017, th...

Excerpt: ... liability. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “Continuances before or during trial in civil cases are disfavored. The date set for trial shall be firm. . . . Except for good cause, the motion [for continuance] shall be made on written notice to all other parties. The notice shall be given and motion made promptly on the necessity for the continuance being ascertained. A continuance before or during trial shall not be granted except...

Excerpt: ...Production of Documents (Hearing Date: February 21, 2018). On January 03, 2018, plaintiff Juan Carlos Guevara filed four motions to compel further responses to discovery, with hearing dates spread across three different dates (February 15, 20, and 21). On February 02, 2018, defendant Justin Terrance Gammage filed three identical oppositions, each stating that plaintiff's motions were improper, because plaintiff failed to first conduct an informal...

Excerpt: ...d in an Informal Discovery Conference which resulted in a partial resolution. Defendant served Plaintiff with Form Interrogatories (Set One) and Special Interrogatories (Set One) on June 15, 2017. (Decl. Shraibati ¶¶1‐2; MTC Exs. “A” and “B”.) Plaintiff initially responded to Form Interrogatories (Set One) and Special Interrogatories (Set One) on August 4, 2017. (Decl. Shraibati ¶¶3‐4; MTC Exs. “C” and “D”.) Plaintiff prov...

Excerpt: ...ion to compel defendant's appearance and testimony at deposition. On January 31, 2018, defense counsel Law Offices of Gregory J. Lucett filed an association of attorneys as to law firm Kinkle, Rodiger & Spriggs. Trial is set for March 6, 2018. DISCUSSION Plaintiff requests that the court impose terminating sanctions against defendant Seda Stambulyan for her failure to comply with the court's order dated January 18, 2018. Plaintiff also requests $...

Excerpt: ...dba Vallarta Supermarkets #8 (“Defendant”) for premises liability. Plaintiff alleges that on October 29, 2014, she slipped and fell at a Supermarket Operated by Defendant. On November 21, 2017, the Court granted Defendant's (1) Motion to Compel Responses to Form Interrogatories, Set Two, (2) Motion to Compel Responses Special Interrogatories, Set Two, (3) Motion to Compel Responses to Request for Production of Documents, Set Two, (4) Motion f...

Excerpt: ... Defendant Rosales was driving a vehicle with all three Plaintiffs as passengers. Defendant drove through a red light and collided with another vehicle causing injury to Plaintiffs. Defendant filed a demurrer to the complaint on January 18, 2018. No opposition was filed in response. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747.) ¿When considerin...

Excerpt: ...AL STANDARD Continue Trial CRC, Rule 3.1332(c)‐(d) states: (c) Grounds for continuance Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. DISCUSSION On January 18, 2018, the parties stipulated to continue trial from its original date, March 12, 2018, to June 12, 2018. However...

Excerpt: ...044004c0051005600 00440051005700030028[speleta. On March 27, 2015, Leila Khajehmolaei filed a cross-complaint against Humberto Espeleta for breach of contract/express indemnity, implied indemnity, contribution, and declaratory relief. On May 1, 2015, plaintiff filed an amendment to complaint, designating M & W Property Management, Inc. as Doe 1. On June 30, 2015, plaintiff filed an amendment to complaint, designating Michael Talabi, dba Long Beac...

Excerpt: ...Martinez, M.D. and Valley Emergency Medical Associates, Inc. for medical malpractice. On May 17, 2017, plaintiff filed a First Amended Complaint. On January 19, 2018, plaintiff filed an amendment to complaint, designating Emergent Medical Associates as Doe 1. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine wheth...

Excerpt: .... On January 4, 2017, a default was entered against defendant Lauderdale. On June 30, 2017, plaintiff filed a request for dismissal as to defendant McDonald. On September 11, 2017, the court denied plaintiff's request for entry of default judgment. The court found that the Statement of Damages was not on the mandatory Judicial Council form. Further, the court found that the required Statement of Damages was not served upon defendant Lauderdale an...

Excerpt: ... Borjas for motor vehicle negligence and negligence per se based on an incident that occurred on August 27, 2013. An OSC re dismissal is set for March 19, 2018. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. CCP §2030.290(b). The statute contains no time limit for a motion to compel where...

Excerpt: ...ll incident that occurred on May 13, 2016. On October 12, 2017, the court granted plaintiff's counsel's motion to be relieved as counsel, upon the filing of the proof of service of the order. On December 27, 2017, plaintiff's counsel filed a proof of service of the order granting motion to be relieved as counsel. Trial is set for October 19, 2018. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a time...

Excerpt: ...and medical battery. On December 2, 2016, the court granted defendant Mark Lussier, M.D.'s motions to compel responses to form and special interrogatories and inspection demand within 15 days. On February 23, 2017, the court continued the hearing to April 7, 2017, on Dr. Lussier's motion to dismiss for failure to comply with court order at the request of plaintiff's counsel to allow plaintiff time to respond to the outstanding discovery. On April...

Excerpt: ... to Compel Responses to Special Interrogatories, Set One (as to Sara Shomof) (6) Motion to Compel Responses to Request for Production of Documents, Set One (as to Sara Shomof) The court considered the moving papers. BACKGROUND On March 6, 2015, plaintiffs Pascal Hermansson and Sara Shomof filed a complaint against defendants Esteban Brindis, Kogi Group Corp., and A'La Carte Catering Inc. for motor vehicle negligence based on an incident that occu...

Excerpt: ...hydraulic barber chair she was reclined in broke, causing injury to plaintiff. A default was entered against defendant on October 26, 2015. On September 11, 2017, the court denied plaintiff's request for court judgment because plaintiff had not submitted a copy of her statement of damages with her request. On September 19, 2017, at an OSC re entry of default judgment, the hearing was continued to November 7, 2017. Plaintiff's counsel was to re-su...