Excerpt: ...ek 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 court has set a date for trial. (Code of Civ. Proc., § 428.50, subd. (b).) A party shall obt...

Excerpt: ...May 7, 2018. Defendants move to continue trial and trial-related dates. Plaintiff filed a notice of non-opposition to Defendants' motion. A party seeking a continuance of the date set 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 o...

Excerpt: ...ng a continuance of the date set 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.) The parties state they have been diligent in conducting discovery. However,...

Excerpt: ... was a tenant. (Undisputed Material Fact “UMF” No. 5.) Plaintiff alleges that on March 22, 2016, she went to take some trash down the hall to the trash room. (UMF No. 2.) It was windy in the hallway and the wind blew the trash room door open (UMF No. 3), causing it to swing open in such a sudden and violent manner that it knocked Plaintiff to the ground and caused her serious injury. Plaintiff alleges the trash room is located in a hallway wh...

Excerpt: ...ant seeks to set aside default on grounds of mistake, inadvertence, surprise and/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. Application for this relief shall be accompanied by a copy of the answer or other pleading pr...

Excerpt: ...e set 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 argues he was not served with the Complaint until seven months after it was filed. (Declarat...

Excerpt: ...liction of emotional distress relating to the death of Andy Quezada. On September 6, 2017, Villa Azusa HOA and Haven Management, LLC (“Defendants”) served Demand for Inspection and Production of Documents on Danny and Anthony. (Declaration of Michael V. Madigan, ¶ 2; Exh. A.) After several extensions, Danny and Anthony served written responses on January 5, 2018. (Madigan Decl., ¶ 3.) However, some demands responded that requested documents...

Excerpt: ...s originally set for December 6, 2017. On November 13, 2017, the parties filed a stipulation to continue trial to March 29, 2018. The filed stipulation notes that only expert discovery would be continued to the new trial date. On December 7, 2017, Plaintiff served supplemental discovery requests on Defendant Kaitlin Elizabeth Kreig. (Declaration of Jesse E. French, ¶ 2; Exh. A.) Plaintiff seeks to compel Defendant's responses to supplemental dis...

Excerpt: ...ff and another student during school hours and on school property. <0051005700480055005500 00560003005200510003>Defendant. (Declaration of Shabnam Sarani, ¶ 2.) After an extension on responses, Defendant served responses on June 12, 2017. (Sarani Decl., ¶¶ 3, 4.) The parties met and conferred. (Sarani Decl., ¶¶ 5, 6.) On November 13, 2017, Defendant provided further responses. (Sarani Decl., ¶ 11.) On February 6, 2018, the parties participa...

Excerpt: ...tiff served a Notice of Deposition on Defendant, seeking to depose the Person Most Knowledgeable (“PMK”) as to 8 categories and relevant documents responsive to 28 categories. Defendant's PMK did not appear for deposition and failed to produce any documents, or alternative dates for deposition. (Declaration of Steven H. Haney, ¶ 2.) Plaintiff served a second Notice of Deposition and Defendant objected to each document request. (Haney Decl., ...

Excerpt: ...hbors and share a boundary line of their properties. Plaintiffs used to maintain hedges along that property line. Plaintiffs allege Defendant unilaterally trimmed their hedges, reaching over the property line and onto their property to do so, and continued to threaten to cut Plaintiff's fichus trees with which Plaintiffs replaced the hedges. Plaintiffs also allege Defendant verbally assaulted their nanny in front of their young children and as a ...

Excerpt: ...ul death. On February 21, 2016, Plaintiff and his mother (“Decedent”) were passengers in a vehicle driven by Vargas and owned by Trujillo. Plaintiff alleges Robin Thomas (“Thomas”) entered the intersection on a green light and Vargas failed to stop at a red light, causing Thomas's vehicle to collide with the passenger side of Vargas's. Plaintiff settled his claims against Defendants and the Court approved the minor's compromise on April 1...

Excerpt: ... this Motion based on the parties' representations the action would be dismissed. The Court finds no request for dismissal has since been filed. II. FACTUAL BACKGROUND Pueblo Del Rio (“PDR”) is a low-income housing complex owned and operated by Defendant, a public entity. (Undisputed Material Fact “UMF” Nos. 1, 2.) On June 11, 2016, Plaintiff was at PDR to attend a repass for her cousin. (UMF No. 3.) Plaintiff was in the “front” of PD...

Excerpt: ...dmissions on Defendant. (Declaration of Omid Khorshidi, ¶ 2.) Plaintiff's counsel found Defendant's responses to be insufficient and engaged in meet and confer efforts, which failed. (Khorshidi Decl., ¶¶ 3, 4.) Plaintiff's counsel believed an Informal Discovery Conference (“IDC”) to be of no potential value. (Khorshidi Decl., ¶ 4.) Plaintiff moves to compel Defendant's further responses and to impose $5,585.00 in monetary sanctions agains...

Excerpt: ...terrogatories, Special Interrogatories, and Demand for Production of Documents on Plaintiff. (Declaration of Jennifer J. Lee, ¶ 2; Exh. A.) Having received no responses, defense counsel sent two letters and left a telephone message for Plaintiff's counsel regarding Plaintiff's responses to discovery. (Lee Decl., ¶¶ 3, 4, 5.) To date, Plaintiff has not served responses. (Lee Decl., ¶ 6.) Defendant moves to compel Plaintiff's responses and to i...

Excerpt: ...017, Qiu was driving a bus owned and operated by Liang and A&F, and designed, manufactured, assembled, and distributed by Starcraft. Plaintiff was a passenger on the bus and was injured in a collision between the bus and two vehicles. Plaintiff seeks punitive damages. Defendants Qiu, Liang, and A&F (“Moving Defendants”) move to strike punitive damages and related allegations from the Complaint. Any party, within the time allowed to respond to...

Excerpt: ...een door with a faulty lock. On November 8, 2017, in responses to Defendant's supplemental interrogatories, Plaintiff listed post-traumatic stress syndrome, stress, depression, mood swings, fear of dark, fear of living alone, and fear of being alone as mental complaints she attributes to the subject incident. Defendant seeks leave to conduct a mental examination by Ari Kalechstein, Ph.D. (“Dr. Kalechstein”). In any case in which a plaintiff i...

Excerpt: ...nses, $75,000.00 will be used for attorney's fees, and $19,146.80 will be used for non- medical expenses, leaving a balance of $102,926.60 to be deposited into an insured account subject to withdrawal only upon authorization of the court. Sarai will receive $37,500.00. If approved, $12, 865.82 will be used for medical expenses, $9,375.00 will be used for attorney's fees, and $2,393.35 will be used for non-medical expenses, leaving a balance of $1...

Excerpt: ...gust 2, 2017, Plaintiff died as a result of reasons unrelated to Defendants' alleged wrongful acts and omissions. (Declaration of Kathryn Arce, ¶ 3; Exh. A.) Kathryn Arce (“Mrs. Arce”), Plaintiff's surviving spouse and beneficiary of his estate, seeks to substitute as Plaintiff's Successor-In-Interest and to file a supplemental complaint adding a second cause of action for survival action. “A cause of action that survives the death of the ...

Excerpt: ...“McKinney”) and Jeffrey Nieboer (“Nieboer”) (collectively, “Cross-Defendants”) for negligence, gross negligence, willful misconduct, implied equitable indemnity, contribution, and declaratory relief. On March 7, 2015, Plaintiff, McKinney, and Nieboer were loading a chair or carrier on Defendant's ski lift. Plaintiff was unable to become properly seated in the carrier. (XC, ¶ 6.) Defendant alleges that McKinney and Nieboer tried to pu...

Excerpt: ...ave to file an amended answer to add the special defense of sudden emergency. The Court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading, including adding or striking out the name of any party, or correcting a mistake in the name of a party, or a mistake in any other <000c000b0014000c001100 00030047004c00560046[retion should be exercised liberally in favor of amendmen...

Excerpt: ...ani, M.D. (“Dr. Amiri-Davani”), and Charita Eleby, R.N (“Eleby”) (collectively, “Defendants”), for medical negligence and loss of consortium. Dr. Amiri-Davani moves for summary judgment, or in the alternative, summary adjudication on grounds: (1) Dr. Amiri-Davani's care and treatment of Kerry, at all times, conformed with the standard of care for Emergency Medicine physicians under similar circumstances (Declaration of Ron Antelyes, M...

Excerpt: ...nd S Apartments, Inc. and C and S Enterprises, LP (collectively, “Defendants”). (Declaration of Gerald Laderman, ¶ 3.) As of January 29, 2018, Plaintiff's counsel had not received Defendants' responses. (Laderman Decl., ¶ 5.) Plaintiff now seeks an order deeming admitted Requests for Admissions and imposing monetary sanctions. (Laderman Decl., ¶ 6.) Where a party fails to timely respond to a request for admission, the propounding party may...

Excerpt: ...45 will be used to pay non-medical expenses, leaving a balance of $4,746.55 for Tenni, to be deposited into an insured bank account subject to withdrawal only upon authorization of the court. Under the settlement, Stepan will receive $15,000.00. If approved, $2,475.05 will be used to pay medical expenses and $27.45 will be used to pay non-medical expenses, leaving a balance of $12,497.50 for Stepan, to be deposited into an insured bank account su...

Excerpt: ...n of Documents on Plaintiff. (Declaration of Sally L. Schubert, ¶ 2; Exh. A.) On March 2, 2017, Plaintiff served unverified responses. (Schubert Decl., ¶ 3; Exh. B.) To date, Plaintiff has not served verifications for his discovery responses. Defendant now moves to compel verified responses to his discovery requests and impose monetary sanctions. Where a party fails to serve timely responses to discovery requests, the court may make an order co...