Excerpt: ...rt's clerk), the parties will waive their right to a hearing on this motion, and this order will issue. However, if at least one party requests a hearing, the Court will reschedule the hearing in this matter. The parties are ordered to notify the Clerk whether they are requesting a hearing. TENTATIVE ORDER ON MOTION BACKGROUND Plaintiff Jeffrey Slutske (“Plaintiff”) filed this action against Defendant Theresa Gratton (“Defendant”) followi...

Excerpt: ...tem, and Nina (collectively, “Plaintiffs”) filed this action on November 13, 2017 alleging Defendants Intex Crop., Intex Recreation Corp., and Intex Group (collectively, “Defendants”) sold a defective above-ground pool and pool ladder, which caused Nina's injuries. On January 30, 2019, the parties participated in an Informal Discovery Conference with the Court regarding Defendants' responses to Plaintiff's Requests for Documents and the d...

Excerpt: ...party requests a hearing (by alerting the Court's clerk), the parties will waive their right to a hearing on this motion, and this order will issue. However, if at least one party requests a hearing, the Court will reschedule the hearing in this matter. The parties are ordered to notify the Clerk whether they are requesting a hearing. TENTATIVE ORDER ON MOTION BACKGROUND Plaintiffs Sonrisa Scott and Jane Doe, by and through his guardian ad litem ...

Excerpt: ...s this tentative order. If no party requests a hearing (by alerting the Court's clerk), the parties will waive their right to a hearing on this motion, and this order will issue. However, if at least one party requests a hearing, the Court will reschedule the hearing in this matter. The parties are ordered to notify the Clerk whether they are requesting a hearing. TENTATIVE ORDER ON MOTION BACKGROUND Plaintiff Valerie Lopez (“Plaintiff”) file...

Excerpt: ...considered the pleadings and posts this tentative order. If no party requests a hearing (by alerting the Court's clerk), the parties will waive their right to a hearing on this motion, and this order will issue. However, if at least one party requests a hearing, the Court will reschedule the hearing in this matter. The parties are ordered to notify the Clerk whether they are requesting a hearing. TENTATIVE ORDER ON MOTION BACKGROUND Plaintiff Val...

Excerpt: ...erting the Court's clerk), the parties will waive their right to a hearing on this motion, and this order will issue. However, if at least one party requests a hearing, the Court will reschedule the hearing in this matter. The parties are ordered to notify the Clerk whether they are requesting a hearing. TENTATIVE ORDER ON MOTION BACKGROUND Plaintiff Damian Perez (“Plaintiff”) alleges that he is a former gang member who lived at a rehabilitat...

Excerpt: ...ndant Joyce Carlson (“Defendant”) attacked Plaintiff's dog, causing her to fall to the ground, on April 17, 2017. Defendant served interrogatories in this case, requesting “All medical records for treatment YOU received for anything relating to YOUR head, neck, or face within two years before or after the incident in dispute.” (Lange Decl., ¶ 3, Exh. #1, pp. 7-8.) The request was not limited to treatment concerning the alleged injuries. ...

Excerpt: ...earing (by alerting the Court's clerk), the parties will waive their right to a hearing on this motion, and this order will issue. However, if at least one party requests a hearing, the Court will reschedule the hearing in this matter. The parties are ordered to notify the Clerk whether they are requesting a hearing. TENTATIVE ORDER ON MOTION BACKGROUND Plaintiff Valentina Telimyan (“Plaintiff”) filed this action against Defendant Macy's West...

Excerpt: ...ting the Court's clerk), the parties will waive their right to a hearing on this motion, and this order will issue. However, if at least one party requests a hearing, the Court will reschedule the hearing in this matter. The parties are ordered to notify the Clerk whether they are requesting a hearing. TENTATIVE ORDER ON THE MOTION BACKGROUND Plaintiff James Silva (“Plaintiff”) filed this action on August 3, 2017 against Defendants T.J. Maxx ...

Excerpt: ...s a hearing (by alerting the Court's clerk), the parties will waive their right to a hearing on this motion, and this order will issue. However, if at least one party requests a hearing, the Court will reschedule the hearing in this matter. The parties are ordered to notify the Clerk whether they are requesting a hearing. TENTATIVE ORDER ON MOTION BACKGROUND Plaintiff Lon Daugherty (“Plaintiff”) was making a delivery to the U.S. Post Office i...

Excerpt: ...rom Defendant Hermoz B. Ayvazyan, D.P.M. (“Defendant”) upon his return to the United States. Plaintiff alleges that Defendant was negligent in providing care and treatment, specifically not advising surgery, which aggravated Plaintiff's injuries. Plaintiff asserts causes of action for professional negligence, negligent infliction of emotional distress, lack of informed consent, and breach of a fiduciary duty. Plaintiff's wife, co-plaintiff Ma...

Excerpt: ...urt continued the trial date from October 5, 2018 to May 31, 2019. The Court continued the trial to permit Plaintiff to seek new counsel and prepare for trial. The Court did not move the discovery and discovery motion cut-offs when it continued the trial date, but rather advised the parties to bring any request to re-open discovery via noticed motion. Plaintiff then filed this motion to re-open discovery. In determining whether to re-open discove...

Excerpt: ...moves to quash deposition subpoenas for Plaintiff's medical and billing and employment records that Defendant served on: (1) Blue Shield of California; (2) Douglas E. Kevy, M.D.; (3) Medical Specialties Management, Inc.; (4) ProHealth Advanced Imaging; (5) Providence Health and Services/Billing; (6) Providence Health and services/Radiology Department; (7) Providence Saint John's Health Center; (8) Stephen Unterhalter, M.D.; (9) the Pole Garage; a...

Excerpt: ...e section 473(b). (See Zellerino v. Brown<0003005600480046005700 4c00520051000f0003> “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 Civ. Proc., § 473, subd. (b).) Defendant's counsel, Mark B. Guterman (“Guterman”) has filed a dec...

Excerpt: ...on is granted. LEGAL STANDARD Per Code of Civil Procedure section 2034.610, subdivision (a), “On motion of any party who has engaged in a timely exchange of expert witness information, the court may grant leave to do either or both of the following: [¶] (1) Augment that party's expert witness list and declaration by adding the name and address of any expert witness whom that party has <0015001300160017001100 004700110003000b0044[)(1).) In ruli...

Excerpt: ...'s a Blast,” for which the subcontractor was Defendant Earl Cookson, doing business as Surface Bright Pressure. The parties participated in a mediation through Judicate West on October 17, 2018, following which the parties agreed to settle globally for $150,000. Of that amount, Defendant Ralphs Grocery Company agreed to pay $75,000, and Defendant “It's a Blast,” agreed to pay <0003004400500052005800 00570057004f00480003[the case as part of ...

Excerpt: ...egligence and loss of consortium in the complaint. Defendant extracted 18 teeth from Plaintiff David Acosta (“Plaintiff”), who is married to co-Plaintiff Maria Acosta. Plaintiffs allege that, because Plaintiff has high blood pressure and uses an anticoagulant medication, Warfarin, he suffered severe bleeding following the procedure. Plaintiffs allege that Defendant was negligent in performing the extractions in light of Defendant's medical hi...

Excerpt: ...ille, Kentucky when his vehicle overturned in Indianapolis, Indiana. The trailer allegedly was loaded in Compton, California by Defendant J.B. Hunt Transport, Inc., an Arkansas corporation, or a subsidiary (“Defendant Hunt”). The wheels were being shipped by Prime Wheel Corporation, a California corporation with its principal place of business in Gardenia, California (“Defendant Prime Wheel”). Based upon the foregoing allegations, Plainti...

Excerpt: ...“Defendants”). Specifically, Plaintiff alleges that Dr. Vatz performed surgery on her at Lakeside to address her complaints of persistent urinary tract infections and urinary incontinence. Plaintiff alleges that Dr. Vatz was negligent in her diagnosis, care, and treatment, as well as in the performance of the surgery. Based upon the foregoing, Plaintiff asserts a single cause of action for professional negligence. Defendants now move for summ...

Excerpt: ...n with a vehicle owned and operated by Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”). Defendant moves to strike the allegations of negligent entrustment and negligent hiring. The motion is granted with leave to amend. Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of ...

Excerpt: ... motion. The motion is denied. A court must exclude the expert opinion of any expert that a party “unreasonably failed” to designate. (Code Civ. Proc., § 2034.300, subd. (a).) Here, Defendants served an expert designation on December 31, 2018, in which they did not designate any experts. Then, on January 24, 2019, Defendants served a supplemental expert designation, in which they designated a medical expert. “Within 20 days after the excha...

Excerpt: ...dant challenges . . . jurisdiction by bringing a motion to quash, the burden is on the plaintiff to prove the existence of jurisdiction by proving . . . the facts requisite to an effective service.” (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1439-40.) Defendant filed a motion to quash on January 18, 2019, and then an amended motion to quash on January 30, 2019. Both motions are untimely. As Plaintiff served Defendant via sub...

Excerpt: ...iff Amir M. Abdalla (“Plaintiff”) filed a complaint on October 7, 2017, alleging causes of action for motor vehicle and general negligence. On June 5, 2018, Defendant Ean Holdings, LLC (“Defendant EAN”) was dismissed by Plaintiff's motion. On August 15, 2018, Defendants Nicolette Elargo and Arnold Joonho Lee (“Cross-Complainants”) filed a cross- complaint against previously dismissed Defendant EAN for: (1) equitable indemnity, (2) con...

Excerpt: ...l education class. Specifically, she alleges that she ran into another student during an exercise, causing a head injury and brain trauma. Plaintiff filed a third amended complaint (the “TAC”) asserting causes of action for general negligence, and vicarious liability under Government Code sections 815.2 and 820. Defendant demurs to the TAC, which Plaintiff opposes. The Court sustains the demurrer in part and overrules the demurrer in part. LE...

Excerpt: ... October 1, 2018, the Court granted Defendant's motions to compel answers to request for production of documents, special interrogatories, and form interrogatories. The Court ordered Plaintiff to serve verified responses within thirty (30) days of notice of the order. Plaintiff and Plaintiff's counsel were also ordered to pay monetary sanctions in the amount of $780.00. Defendants filed this motion on November 21, 2018, representing that Plaintif...