Excerpt: ... based on a slip and fall on July 15, 2014. On August 15, 2017, defendant Northgate Gonzalez, LLC filed an answer. Trial is set for July 16, 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 no responses ...

Excerpt: ...endants Maciel Santiago and American Scale Company, Inc. for motor vehicle negligence based on an incident that occurred on May 5, 2015. 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 no responses have been ...

Excerpt: ..., designating Luis Briseno as Doe 1. On September 15, 2017, plaintiff filed an amendment, designating Hard Work Dedication Fitness, LLC as Doe 2. DISCUSSION Defendants Hard Work Dedication Fitness, LLC and Luis Briseno request an order compelling plaintiff's claims to arbitration. Under CCP § 1281, a “written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, sa...

Excerpt: ...017, the court granted defendant's motions to compel plaintiffs to respond to written discovery. Trial is set for April 24, 2018. DISCUSSION Defendant Omar Torres requests that the court impose terminating sanctions against plaintiffs for their failure to comply with the court's order dated December 28, 2017. Defendant also requests a monetary sanction against plaintiffs in the amount of $560. If a party fails to comply with a court order compell...

Excerpt: ...e Gonzalez, LLC filed an answer. Trial is set for July 16, 2018. LEGAL STANDARD CCP § 428.50 states, “(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint. (b) Any other cross-complaint may be filed at any time before the court has set a date for trial. (c) A party shall obtain leave of court...

Excerpt: ...st National Insurance Company (“Everest”) requests leave to file a complaint in intervention. CCP § 387(a) provides that, “[u]pon timely application, any person, who has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both, may intervene in the action or proceeding. An intervention takes place when a third person is permitted to become a party to an action or proceeding between ot...

Excerpt: ...nst defendants Todd Fred Landman and Russell William Landman for motor vehicle negligence based on an incident on November 17, 2016. Trial is set for July 12, 2018. LEGAL STANDARD CCP § 2032.220(a) states: “In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diag...

Excerpt: ...tiff filed an Amendment to Complaint, designating Berg Nelson Company (“Berg Nelson”) as defendant Doe 1. On August 8, 2017, the court granted defendant Berg Nelson's motion for summary judgment. 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 whether, despite their allegations, trial is in fact necessary to...

Excerpt: ...has not filed any proofs of service showing that defendants have been served. Trial is set for August 1, 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 Rule 3.1362 (...

Excerpt: ...s set for June 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 Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915; People v. Prince (1968) 268 Cal. App. 2d 398. CRC Rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be direc...

Excerpt: ... for motor vehicle negligence based on an incident that occurred on May 17, 2016. On December 11, 2017, the court denied the notice of related case as to BC637973 and BC662224. LEGAL STANDARD CCP § 1048 states: “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make su...

Excerpt: ... for motor vehicle negligence based on an incident that occurred on May 17, 2016. On December 11, 2017, the court denied the notice of related case as to BC637973 and BC662224. LEGAL STANDARD CCP § 1048 states: “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make su...

Excerpt: ...uant to stipulation and order, the trial was continued from April 3, 2017 to July 11, 2017. On April 6, 2017, Plaza Medical Office Building, LLC filed a cross-complaint against Imperial Parking Industries, Inc. for indemnification, apportionment, and declaratory relief. Trial was continued to May 23, 2018. DISCUSSION Pursuant to CCP § 387, Old Republic Insurance Company requests leave to file a complaint-in-intervention for subrogation of worker...

Excerpt: ...tly owned, maintained, and operated a Ferrari so that plaintiff who was driving a motor scooter collided with the pavement. Trial is set for March 13, 2018. LEGAL STANDARD CCP § 2032.220(a) states: “In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic t...

Excerpt: ...uant to stipulation and order, the trial was continued from April 3, 2017 to July 11, 2017. On April 6, 2017, Plaza Medical Office Building, LLC filed a cross-complaint against Imperial Parking Industries, Inc. for indemnification, apportionment, and declaratory relief. Trial was continued to May 23, 2018. DISCUSSION Pursuant to CCP § 387, Old Republic Insurance Company requests leave to file a complaint-in-intervention for subrogation of worker...

Excerpt: ...ulation and order, the trial date was continued from September 25, 2017 to January 25, 2018. On December 14, 2017, pursuant to stipulation and order, the trial date was continued from January 25, 2018 to March 26, 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 ...

Excerpt: ...tion of attorney. Trial is set for June 12, 2018. LEGAL STANDARD Pursuant to CCP § 2033.280(b), a party may move for an order that 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...

Excerpt: ... a cross-complaint for equitable indemnity, equitable apportionment of fault, and declaratory relief. On November 30, 2016, The Bicycle Casino filed a First Amended Cross-Complaint for breach of written contract to indemnify, equitable indemnity, equitable apportionment of fault, and declaratory relief, although it appears to not have been served on Superior. On December 14, 2016, plaintiff filed an amendment to complaint, designating Superior El...

Excerpt: ...s' motions to compel discovery responses and to compel plaintiff Jacobo to appear for her deposition. On November 12, 2017, the court granted plaintiffs' counsel's motion to be relieved as counsel. Trial is set for March 27, 2018. DISCUSSION Defendants request that the court impose terminating sanctions against plaintiff Marisela Jacobo for her failure to comply with the court's order dated October 26, 2017. If a party fails to comply with a cour...

Excerpt: ...er as to the 1st cause of action. On October 31, 2017, the court granted County's motion for summary judgment. LEGAL STANDARD “A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of dismissal, or within 180 days after entry of...

Excerpt: ...upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. CCP § 436(a). The court may also strike all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. CCP § 436(b). The grounds for a motion to strike are that the pleading has irrelevant, false or improper matter, or has not been drawn or filed in conformity with laws. CC...

Excerpt: ...ber 23, 2017. Plaintiff contends that the clerk's office violated the provisions of CCP §1010.6 and Gov. Code §68634, by failing and refusing to accept plaintiff's timely and properly filed application for fee waiver in connection with plaintiff's filing of the complaint. Plaintiff contends that on October 23, 2017, plaintiff filed via the e-Delivery system the complaint, coversheet, summons, civil cover sheet, request to waive court fees, and ...

Excerpt: ...h an action takes place, is statutorily governed by the type or form of the particular action. [Citation omitted.] ‘Venue is determined based on the complaint on file at the time the motion to change venue is made.' [Citations.] (Brown v. Superior Court (1984) 37 Cal. 3d 477, 482 . . . .).” Lebastchi v. Superior Court (1995) 33 Cal. App. 4th 1465, 1469. CCP § 395(a) provides, in relevant part, “[e]xcept as otherwise provided by law and sub...

Excerpt: ...June 7, 2014. On September 28, 2017, on an ex parte application, the court continued the trial date to April 11, 2018, along with all discovery dates. 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(b), “A party seeking a continuance of the date set for ...

Excerpt: ...ng Yong- Tai Kim as Doe 1 and IMHO, Inc. as Doe 2. On May 9, 2017, plaintiff filed amendments to the complaint, designating Silver Oak Landscaping, Inc. as Doe 3 and Andrews International as Doe 4. 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 whether, despite their allegations, trial is in fact necessary to r...