Excerpt: ...ompany (“Intervenor”) seeks to intervene and to file a complaint-in-intervention. Intervenor provided liability insurance for Orantes, who is unable to be located. Should default judgment be entered against Orantes, Intervenor would be liable. Therefore, it is necessary for Intervenor to intervene to protect its interests. “If any provision of law confers an unconditional right to intervene or if the person seeking intervention claims an in...

Excerpt: ...tiff. (Declaration of Maria Chaves Hawley, ¶ 2.) Plaintiff failed to serve timely responses and made no request for an extension. (Hawley Decl., ¶¶ 3, 4.) Defendant moves for an order deeming admitted requests for admissions and monetary sanctions. Where a party fails to timely respond to a request for admission, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requ...

Excerpt: ...amination on Plaintiff setting the examination for May 2, 2018. (Declaration of Kevin R. Jolly, ¶ 2.) Plaintiff did not serve an objection, but on April 20, 2018, Plaintiff's counsel informed defense counsel that Plaintiff could not appear due to a scheduling conflict. (Jolly Decl., ¶ 3.) Defense counsel stated the appointment could not be moved because the date had to be booked well in advance. (Jolly Decl., ¶ 4.) Plaintiff failed to appear o...

Excerpt: ...ntiff's counsel's rate of $300.00 per hour. Plaintiff's attorney moves for reconsideration on grounds his hourly rate is actually $650.00 per hour. When an application for an order has been made to a court and granted, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same court that made the...

Excerpt: ...Navarro”). 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. (Code of Civ. Proc. § 428.50, subd. (a).) Any other cross-complaint may be filed at any time before the court has set a date for trial. (Code of Civ. Proc., § 428.50, subd. (b).) A party shall obtain leave of court to file any cros...

Excerpt: ...ity, and violation of Government Code sections 815.2, subdivision (a) and 820, subdivision (a). STA filed an Answer on April 30, 2018. STA now seeks leave to file a cross-complaint. 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. (Code of Civ. Proc. § 428.50, subd. (a).) Any other cross-compl...

Excerpt: ...gust 18, 2017, Plaintiff named George Messiha as Defendant Doe 1 by an amendment to the FAC. On April 25, 2018, Plaintiff filed a second amended complaint (“SAC”) after George Messiha demurred to the FAC and moved to strike portions of the FAC. On May 29, 2018, defendants George Messiha and CTS separately demurred to the SAC. George Messiha also filed a motion to strike. Plaintiff failed to file an opposition, however, on June 20, 2018, Plain...

Excerpt: ...neral negligence. The complaint alleges the following: (1) On February 29, 2016, Plaintiff was a passenger in a vehicle that was involved in a motor vehicle collision caused by the defendants' vehicle. (Complaint p.4 GN-1); (2) The defendants are common carriers who negligently owned, operated, maintained, entrusted and controlled their vehicle thereby causing the collision. (Id.); (3) The defendants are liable pursuant to Government Code section...

Excerpt: ...fy an unlimited civil case as a limited civil case may be granted only if the court determines that the plaintiff's claim necessarily involves less than $25,000.00—that a greater recovery “could not be obtained” or is “virtually unobtainable.” (Walker v. Superior Court (1991) 53 Cal.3d 257, 269-270.) However, a motion for reclassification must be made within the time allowed for that party to amend the initial pleading or to respond to ...

Excerpt: ... against Rodolfo Eduardo Rodriguez Guzman (“Guzman”) for indemnity and contribution. 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. (Code of Civ. Proc. § 428.50, subd. (a).) Any other cross-complaint may be filed at any time before the court has set a date for trial. (Code of Civ. Proc.,...

Excerpt: ...Declaration of Sheryl Lee Reeves, ¶¶ 2, 3.) On October 12, 2016, the Court granted Defendant's motions to compel Plaintiff's responses to discovery and Plaintiff was ordered to serve verified responses without objections within ten (10) days. (Reeves Decl., ¶ 4.) On November 8, 2016, Plaintiff failed to appear for trial and the Court dismissed the action. Defendant served a Notice of Ruling and Plaintiff then served unverified and untimely res...

Excerpt: ...eatment rendered between November 12, 2016 and November 30, 2016. Providence Holy Cross moves for summary judgment on grounds it did not breach the applicable standard of care and no act or omission by it or its employees caused or contributed to Plaintiff's injuries. On November 12, 2016, Plaintiff presented to the emergency department of Providence Holy Cross after a fall. (Undisputed Material Fact “UMF” No. 1.) Plaintiff alleges orthopedic...

Excerpt: ...$17,824.02 will be used to pay attorney's fees, and $480.00 will be used for non-medical expenses, leaving a balance of $30,167.98 for Claimant, to be deposited into the Daniel Lashen living trust for the benefit of the Trust. Court approval is required for all settlements of a person with disability. (Probate Code §§ 3500, 3600, et seq.; Code of Civ. Proc. § 372.) The Court has reviewed the proposed settlement and finds that it is fair and re...

Excerpt: ...rogatories, Request for Production of Documents, and Requests for Admissions on Plaintiff. (Declaration of <0003005600480055005900 00560053005200510056[es and defense counsel sent two meet and confer letters. (Deenihan Decl., ¶¶ 3-5.) Defendant moves to compel responses and to deem admitted requests for admissions. Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code of Civ...

Excerpt: ...ts”) for medical negligence. CVHP moves for an order requiring Plaintiff to file an undertaking pursuant to Code of Civil Procedure 1030. Where a plaintiff in an action resides out of the state, the defendant may, at any time, apply to the court for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action. (Code of Civ. Proc., § 1030, subd. (a).) The motion shall...

Excerpt: ...om the complaint. (Code of Civ. Proc., §§ 435, 436.) However, Defendant failed to meet and confer in compliance with Section 435.5. Effective January 1, 2018, before filing a motion to strike, “the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in th...

Excerpt: ...rney's fees, and $12,279.80 will be used to pay non-medical expenses, leaving a balance of $92,595.20 for Claimant, to be placed in a special needs trust (“SNT”) under Probate Code sections 3602(d) and 3604. Court approval is required for all settlements of claims by a person with a disability. (Probate Code §§ 3500, 3600, et seq.; Code of Civ. Proc. § 372.) When a settlement proposes the establishment of a special needs or other trust as ...

Excerpt: ...ng, and insurance records seeking the entirety of records. Plaintiff moves to quash the subpoenas on: (1) Marina Del Rey Hospital, (2) Marina Del Rey Hospital (Business Office), and (3) Marina Del Rey Hospital (Radiology Department), as being impermissibly unlimited and overbroad. A deposition subpoena may request (1) only the attendance and testimony of a deponent, (2) only the production of business records for copying, or (3) the attendance an...

Excerpt: ...tomobile collision. On January 9, 2018, Plaintiff served Special Interrogatories and Requests for Production of Documents on Defendants. (Declaration of Brenda J. Pannell, ¶ 2; Exh. A.) On February 13, 2018, the day responses were due, defense counsel left a voicemail message for Plaintiff's counsel, seeking a two-week extension on responses. (Declaration of Timothy B. Fitzhugh, ¶ <004f0003004a0055004400 005100480010005a0048[ek extension on res...

Excerpt: ...missed from the action. On February 26, 2018, the Court granted Defendant's motion to compel McClinton's deposition and McClinton was ordered to appear for her deposition within twenty (20) days. On March 7, 2018, Defendant Noticed McClinton's deposition for March 19, 2018. (Declaration of Keith L. Allen, ¶ 14; Exh. A.) Plaintiff failed to appear and a certificate of non-appearance was taken. (Allen Decl., ¶ 17.) As a result, Defendant has been...

Excerpt: ...ermission and dropped. Trial in this matter is currently set for May 16, 2019. Plaintiffs move for preferential trial setting based on Plaintiff's age and health condition. A party who is over 70 years old 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; and (2) the health of the party is such that a preference...

Excerpt: ...claration of Richard A. Muench, ¶ 3; Exh. A.) At Plaintiff's request, defense counsel continued the deposition to April 7, 2017. (Muench Decl., ¶ 4; Exh. B.) However, Plaintiff's counsel had a conflict and the deposition was continued to June 8, 2017. (Muench Decl., ¶¶ 5, 6; Exhs. C, D.) At Plaintiff's request, the deposition was continued to September 18, 2017 and then again to December 6, 2017. (Muench Decl., ¶¶ 7, 8.) Plaintiff's counsel...

Excerpt: ...azar Disposal and Does 1-20 alleging causes of action for (1) negligence, (2) negligence per se and (3) loss of consortium. On February 13, 2018, Portillo alone, as an individual and as successor in interest of Calderon, filed a first amended complaint (“FAC”) <0003000b0015000c000300 00460048000300530048[r se, (3) loss of consortium and (4) wrongful death. The FAC in relevant part alleges the following: (1) the defendants owned, maintained, m...

Excerpt: ...e Court dismissed the action without prejudice. (Declaration of Sandeep G. Agarwal, ¶ 2.) Plaintiff moves to set aside dismissal on grounds of attorney mistake, inadvertence, or excusable neglect. Counsel states he inadvertently looked at the wrong date on his calendar, did not realize the matter was on calendar, and realized his mistake around 10:00 a.m. the morning of the hearing. Counsel states the mistake was entirely his own. (Agarwal Decl....

Excerpt: ...vil case may be granted only if the court determines that the plaintiff's claim necessarily involves less than $25,000.00—that a greater recovery “could not be obtained” or is “virtually unobtainable.” (Walker v. Superior Court (1991) 53 Cal.3d 257, 269-270.) However, a motion for reclassification must be made within the time allowed for that party to amend the initial pleading or to respond to the initial pleading. (Code of Civ. Proc.,...

Excerpt: ...rved Set One of written discovery requests on Defendant, who provided multiple unverified responses, and then verified responses on March 23, 2018. (Declaration of Kamelia Jalilvand, ¶¶ 2-8.) The parties met and conferred and an Informal Discovery Conference (“IDC”) was set for March 29, 2018. However, the IDC was rescheduled to accommodate Defendant's request for an extension to respond to Plaintiff's meet and confer letter. (Jalilvand Dec...

Excerpt: ... 2018. (Declaration of Larry P. Bilbrew, ¶ 3; Exh. A.) Plaintiff's deposition was rescheduled four times to accommodate Plaintiff's and Plaintiff's counsel's schedule, and Plaintiff's need for an interpreter. (Bilbrew Decl., ¶ 4.) On the final continued deposition date of April 18, 2018, neither Plaintiff nor his attorney appeared and a certificate of non-appearance was taken. (Bilbrew Decl., ¶ 5.) Defense counsel sent a meet and confer letter...

Excerpt: ... v. Prince (1968) 268 Cal.App.2d 398, 406.) The Court notes that trial is currently set for December 10, 2018, and no prejudice will result to Plaintiff in granting this Motion. The Motion complies with California Rules of Court, Rule 3.1362 and notice of this Motion was properly served on Plaintiff and Defendant. These unopposed Motions are GRANTED and are effective only after counsel files a proof of service showing service of this Order on Pla...

Excerpt: ...Property”). (Undisputed Material Fact “UMF” No. 1.) On May 26, 2014, Plaintiff tripped and fell on a raised sidewalk directly adjacent to the Property. (UMF No. 2.) Defendant moves for summary judgment on grounds he did not own, possess, or control the land where Plaintiff tripped and fell and therefore, owed no duty to repair the alleged defective condition. II. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply ...

Excerpt: ...nt. On November 16, 2017, Plaintiff served written discovery, including requests for production of documents on Hoomer. (Declaration of Leo Herrera, ¶ 2.) On January 19, 2018, Hoomer served responses. (Herrera Decl., ¶ 3.) On February 16, 2018, Plaintiff's counsel sent a meet and confer letter to Hoomer's counsel regarding deficient responses. (Herrera Decl., ¶ 4.) Hoomer served further responses on March 8, 2018. (Herrera Decl., ¶ 5.) Plaint...

Excerpt: ...nd loss of consortium relating to an injury sustained by Alfred while working on Defendants' premises. <002b004800550051004400 00480055005100440051[dez”) to install two cooling units for the dry cleaning business on the roof of the Four Seasons's facility. (Declaration of Nancy Carter, ¶ 3.) When the cooling units arrived, Plaintiff helped Hernandez to install the cooling units, but fell off the roof of Defendants' facility, sustaining injurie...

Excerpt: ...al liability insurance carrier for Supperclub Los Angeles, LLC, which is currently a suspended corporation. As a suspended corporation, it may not appear to defend the action. (Declaration of Talmus L. Williams, ¶ 2.) Accordingly, Intervenor seeks to intervene and to defend its insured. “If any provision of law confers an unconditional right to intervene or if the person seeking intervention claims an interest relating to the property or trans...

Excerpt: ...-complaint against AlliedBarton Security Services, LLC (“AlliedBarton”) and requests a trial continuance. Leave to File a Cross-Complaint 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. (Code of Civ. Proc. § 428.50, subd. (a).) Any other cross-complaint may be filed at any time before the...

Excerpt: ...owing: (1) Mariposa is a restaurant and bar. (Complaint ¶ 10); (2) On October 13, 2017, as Plaintiff was leaving Mariposa, another patron, who had been thrown out of Mariposa, stabbed Plaintiff in the back. (Complaint ¶¶ 24- 26); (3) Plaintiff has been a frequent patron of Mariposa for a number of years. (Id. ¶ 9); (4) Plaintiff has personally observed a security guard posted at the bar door for a number of years. (Id. ¶ 13); (5) The bar has...

Excerpt: ...ff filed a motion for leave to amend the complaint, seeking to add Nancy Guzman (“Guzman”) as a defendant. The hearing on Plaintiff's motion was set for August 7, 2017 and the Court's tentative ruling was that Plaintiff could amend her complaint as of right (Code of Civ. Proc., § 472). (Declaration of Grace Lea Chang, ¶ 7.) Plaintiff's counsel submitted on the court's tentative and on August 4, 2017, filed a First Amended Complaint (“FAC�...

Excerpt: ... punitive damages. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code of Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, Rule 3.1322(b).) The court may, upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part ...

Excerpt: ... Interrogatories, and Demand for Production of Documents. (Declaration of Adrienne R. Hahn, ¶ 2.) Defendant granted extensions on responses to April 5, 2018. (Hahn Decl., ¶¶ 4, 5.) Plaintiff requested a third extension, which was not granted. (Hahn Decl., ¶ 6.) Defendant moves to compel Plaintiff's discovery responses and monetary sanctions. Where a party fails to serve timely responses to discovery requests, the court may make an order compe...

Excerpt: ...l_, 1.) However, she is in the process of applying to be admitted to the Califomia State Bar. (Ezell Decl_, 2.) Applicant is a member in good standing of several courts and has newer been disbarred. (Ezell Decl_, 4, 5.) In the past two years: she has been granted pro hac vice admission in California in five cases. (Ezell Decl_, 6.) Applicant' s application complies with the requirements of Califomia Rules of Coun Rule 9 40, including serving noti...

Excerpt: ...ine Osmanyan (“Osmanyan”), a necessary non-party witness. (Declaration of Dmitriy Aristov, ¶ 3.) Osmanyan has not served any objections to the subpoena, has not contacted Plaintiff's counsel, did not request a continuance of the deposition, and twice failed to appear for the noticed deposition. (Aristov Decl., ¶ 11.) Plaintiff seeks to compel Osmanyan's compliance with the deposition subpoena and monetary sanctions. A party seeking discover...

Excerpt: ...general negligence against Claire Chin and Carl McJimson. The premises liability cause of action is based on the allegation that Dream City and Sinclair negligently owned, maintained, managed and operated their premises thereby causing Plaintiff injury. (Complaint p. 4 Prem.L-1-2.) The general negligence cause of action is based on the allegation that Claire Chin and Carl McJimson negligently owned and operated a vehicle thereby injuring Plaintif...

Excerpt: ...which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff where: (1) the examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; and (2) the examination is conducted at a location within 75 miles of the residence of the examinee. (Code of Civ. Proc., § 2032.220, subd. (a).) A defendant may make a demand for physical examination ...

Excerpt: ...quests for Admissions, Set One on Defendant. (Declaration of Kevin S. Conlogue, ¶ 4.) Defendant failed to serve timely responses and Plaintiffs seek an order deeming admitted requests for admissions and monetary sanctions. (Conlogue Decl., ¶ 5.) Where a party fails to timely respond to a request for admission, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests...

Excerpt: ...r was set for trial on April 17, 2018. Plaintiff failed to appear on the trial date and the court dismissed the action without prejudice. Plaintiff moves to set aside dismissal based on counsel's mistake, inadvertence, or excusable neglect. “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, i...

Excerpt: ...which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff where: (1) the examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; and (2) the examination is conducted at a location within 75 miles of the residence of the examinee. (Code of Civ. Proc., § 2032.220, subd. (a).) A defendant may make a demand for physical examination ...

Excerpt: ...in Huntington Park and fell. (Undisputed Material Fact “UMF” No. 3.) Plaintiff alleges the uneven flooring created a dangerous condition. (UMF No. 4.) The difference in elevation was an eighth of an inch. (UMF No. 6.) Defendant moves for summary judgment on grounds the alleged defect was trivial as a matter of law. II. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply a three-step analysis: “(1) identify the issu...

Excerpt: ...served special interrogatories, form interrogatories, and request for production of documents on Plaintiff. (Declaration of Terry L. Gimenez, ¶ 3.) Plaintiff failed to serve timely responses. (Gimenez Decl., ¶ 6.) Defendant moves to compel Plaintiff's responses to discovery and monetary sanctions. Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code of Civ. Proc., §§ 2030...

Excerpt: ...et for trial must make the request for a continuance by a noticed motion or an ex parte application as soon as reasonably practical once the necessity for the continuance is discovered. (Cal. Rules of Court, Rule 3.1332(b).) The request for continuance may be granted on an affirmative showing of good cause. (Cal. Rules of Court, Rule 3.1332.) Defendant Pacific Systems Interiors, Inc. (“PSI”) moves to continue trial to a date after the hearing...

Excerpt: ...quests for Admissions, Set One on Defendant. (Declaration of Kevin S. Conlogue, ¶ 4.) Defendant failed to serve timely responses and Plaintiffs seek an order deeming admitted requests for admissions and monetary sanctions. (Conlogue Decl., ¶ 5.) Where a party fails to timely respond to a request for admission, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests...

Excerpt: ...sed the case without prejudice. Plaintiff moves to set aside dismissal based on attorney mistake, inadvertence, surprise, or excusable neglect. “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code of Civ. Proc., § 473, subd. (b).) Applicat...

Excerpt: ...nd seeks punitive damages. Defendants move to strike the prayer for punitive damages. The hearing on this Motion was continued so that Defendant could file a supplemental declaration in compliance with the meet and confer requirements of Section 435.5. Defense counsel's supplemental declaration indicates he was unable to meet and confer prior to the continued hearing because Plaintiffs' telephone number was out-of-service. Plaintiffs, in pro per,...