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2019.12.20 Motion to Compel Arbitration 273
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.12.20
Excerpt: ...infliction of emotional distress for an altercation that occurred on September 2, 2017. On April 15, 2019, Plaintiff Justin Bennett filed a first amended complaint adding an additional cause of action for fraud. On June 12, 2019, Defendants Uber Technologies, Inc., Rasier, LLC, and Rasier-CA, LLC filed a motion to compel arbitration pursuant to California Code of Civil Procedure section 1281.2. Trial is set for June 3, 2020. PARTIES' REQUESTS Def...
2019.12.20 Motion to Compel Deposition 037
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.12.20
Excerpt: ...ion to compel the deposition of Plaintiff pursuant to California Code of Civil Procedure section 2025.450. Trial is set for March 20, 2020. PARTIES' REQUESTS Defendants ask the Court to compel Plaintiff's appearance and testimony at a deposition within 10 days of the hearing on this motion. Defendants also ask the Court to impose $763 in monetary sanctions against Plaintiff for Plaintiff's abuse of the discovery process. LEGAL STANDARD California...
2019.12.20 Motion to Quash Subpoena 782
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.12.20
Excerpt: ...pursuant to California Code of Civil Procedure section 1987.1. Trial is set for April 2, 2020. PARTY'S REQUESTS Plaintiff asks the Court to quash Defendant's deposition subpoena issued to Torrid, LLC arguing that it is overbroad and seeks information that is irrelevant and protected by Plaintiff's right to privacy. Plaintiff also asks the Court to impose $2,090 in monetary sanctions against Defendant and his counsel of record for forcing him to b...
2019.12.9 Motion to Quash Subpoena 385
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.12.9
Excerpt: ...emoving an extractor blade from a Nutribullet on December 9, 2017. On October 21, 2019, Defendant filed a motion to quash a trial subpoena pursuant to California Code of Civil Procedure section 1987.1. Trial is set for December 9, 2019. PARTY'S REQUESTS Defendant asks the Court to quash a trial subpoena issued to non-party Boris Treyzon for: (1) seeking documents that Mr. Tryzon is not qualified to certify, (2) being overbroad, (3) being designed...
2019.12.9 Motion for Summary Judgment 308
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.12.9
Excerpt: ...d on August 10, 2017. On December 11, 2018, the Court dismissed Defendant County of Los Angeles without prejudice. On December 28, 2018, the Court dismissed Defendant State of California without prejudice. On January 3, 2019, Plaintiff filed a first amended complaint omitting the negligence cause of action. On September 17, 2019, the Court dismissed Defendant City of Culver City without prejudice. On September 25, 2019, Defendant Los Angeles Coun...
2019.12.6 Motion to Compel Deposition 128
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.12.6
Excerpt: ... Defendants/Cross-Complainants Ernesto Feliciano Villar, United Med Transportation, and United Med Transportation Inc. filed a cross-complaint against Roes 1- 20 seeking indemnity, contribution, and declaratory relief. On September 5, 2018. Defendant-in-Intervention Atlas Financial Holdings, Inc. filed a cross-complaint on the behalf of Defendant Ernesto Villar against Roes 1-20 seeking indemnity, contribution, and declaratory relief. On November...
2019.12.6 Motion to Continue Trial 767
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.12.6
Excerpt: ...nt to her complaint renaming Doe 1 as Defendant Joseph Goff. On November 5, 2019, Defendants Hanna Goff, Jeanine Goff, Christopher Goff, and Joseph Goff (“Defendants”) filed a motion to continue trial pursuant to California Rules of Court, rule 3.1332. Trial is set for January 15, 2020. PARTIES' REQUEST Defendants ask the Court to continue trial and related dates to June 17, 2020 because Defendant Hanna Goff intends to graduate from Washingto...
2019.12.5 Motion to Compel Deposition 932
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.12.5
Excerpt: ... renaming Doe 1 as Defendant Downey Wholesale, Inc. On September 19, 2019, the Court found BC718932 to be related to BC714536 and 19STCV01234. On November 8, 2019, Plaintiff filed a motion to compel Defendant Downey Wholesale, Inc. to designate and produce the persons most qualified to testify to the subjects listed in her deposition notice pursuant to California Code of Civil Procedure section 2025.450, subdivision (a). Trial is set for February...
2019.12.5 Motion to Compel Physical and Mental Exams 572
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.12.5
Excerpt: ...19, Defendant filed a motion to compel Plaintiff's attendance at a physical examination pursuant to California Code of Civil Procedure section 2032.250 and a mental examination pursuant to California Code of Civil Procedure section 2032.320. Trial is set for February 21, 2020. PARTY'S REQUESTS Defendant asks the Court to compel Plaintiff to appear for examinations by an orthopedist, a neurologist, a neuropsychologist, and a psychiatrist because P...
2019.12.5 Motion to Strike 015
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.12.5
Excerpt: ...��) replacing Defendant Dawn Dominque Diaz Munoz with Defendant Dawn Dominique Olazabal Munoz. On September 18, 2019, the Court granted leave to file a second amended complaint (“SAC”). On October 23, 2019, Defendants Dawn Dominique Olazabal Munoz and Jesse Munoz filed a motion to strike punitive damages pursuant to California Code of Civil Procedure section 435. Trial is set for September 18, 2020. PARTIES' REQUEST Defendants Dawn Dominique ...
2019.12.3 Application for Determination of Good Faith Settlement 856
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.12.3
Excerpt: ...red on April 5, 2015. On January 23, 2019, Defendants/Cross-Complainants Compton Community College District and El Camino Community College District filed a cross-complaint against Defendant/Cross-Defendant Greater Zion Church alleging equitable indemnity, express indemnity, implied indemnity, comparative indemnity, contribution, and declaratory relief. On April 23, 2019, Defendant/Cross-Defendant/Cross-Complainant Greater Zion Church filed a cro...
2019.12.3 Motions for Terminating Sanctions 899
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.12.3
Excerpt: ...complaint to name Defendant Aegis Security & Investigations Inc. as Doe 2 and Defendant SKWS Enterprises, Inc. as Doe 3. On August 9, 2018, Defendant/Cross-Complainant Aegis Security & Investigations Inc. filed a cross-complaint against Defendant/Cross-Defendant SKWS Enterprises, Inc. for indemnity, apportionment, contribution, and declaratory relief. On January 11, 2019, Defendant/Cross-Complainant Aegis Security & Investigations Inc. was dismis...
2019.6.27 Demurrer 140
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.27
Excerpt: ...ous liability, and a breach of a mandatory duty – negligent supervision for harassment and bullying that occurred in the 2016-2017 school year. On May 28, 2019, Defendants filed a demurrer to the complaint on the grounds that the complaint does not state sufficient factsto plead a cause of action, the causes of action are uncertain, and the second cause of action is duplicative of the third cause of action. Trial is set for December 23, 2019. P...
2019.6.26 Motion to Compel Deposition, Production of Docs 372
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.26
Excerpt: ...051[t's appearance at a deposition and Defendant's responses to request for production of documents. Trial is set for October 18, 2019. PARTIES' REQUESTS Plaintiffs ask the Court for an order compelling Defendant to appear and testify at a deposition and produce documents specified in Plaintiffs' deposition notice within ten days of the hearing on this motion. Plaintiffs also request that the Court award $3,736.65 in monetary sanctions against De...
2019.6.26 Motion for Leave to File Amended Complaint 297
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.26
Excerpt: ...first amended complaint because Plaintiff's counsel did not state when the facts giving rise to the amended allegations were discovered or why the request was not made earlier pursuant to California Rules of Court Rule 3.1324(b)(3) and (4), even though it appeared that Plaintiff died in 2017. The Court also noted that granting the motion after a long, unwarranted, and unexcused delay would present added cost and increased burden of discovery on D...
2019.6.25 Motion for Determination of Good Faith Settlement 454
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.25
Excerpt: ...nthouse”), a nightclub owned by Defendant Melash, Inc. (“Melash”) . At the time of the incident, Penthouse had hired Defendant Crime Stoppers Service, Inc (“Crime Stoppers”) to provide security. Plaintiff contends that Crime Stoppers' security guard Defendant Alejandro Marquez (“Marquez”) either intentionally gave his baton to Gomez so he could use it to harm Plaintiff, or carelessly misplaced it, enabling Gomez to gain possession o...
2019.6.25 Motion for Leave to File Amended Complaint 954
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.25
Excerpt: ...uary 1, 2018, alleging one cause of action for premises liability against Defendant. On March 27, 2018 Defendant filed its Answer and Cross-Complaint against Cross- Defendant Unifirst Corporation (“Unifirst”), which was the manufacturer of the Subject Mat, alleging two causes of action for equitable indemnity and declaratory relief. Unifirst filed its Answer to Defendant's Cross-Complaint on March 15, 2019. Defendant filed the instant Motion ...
2019.6.24 Demurrer, Motion to Strike 062
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.24
Excerpt: ...ntentional infliction of emotional distress. Plaintiff alleges that she was insulted and then accosted by her Lyft driver. Lyft filed the instant demurrer and motion to strike on May 24, 2019. Trial is set for October 20, 2020. PARTY'S REQUESTS Lyft requests that this Court sustain its demurrer on the grounds that the Complaint fails to state sufficient facts to constitute a cause of action against Lyft. Lyft also asks this Court to grant its mot...
2019.6.24 Motion for Summary Judgment 800
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.24
Excerpt: ... by another student and alleges causes of action for (1) negligent supervision of students based on Government Code §§ 815.6 and 815.2 and 5 CCR § 552 against District and Does 1 through 50, (2) negligent hiring, supervision, training, and retention based on Government Code §§ 815.6 and 815.2 against District and Does 1 through 50, (3) negligent infliction of emotional distress against all Defendants, (4) assault <00480003002f0044000300 3500...
2019.6.24 Motion to Compel Second Deposition, Appoint Discovery Referee, for Protective Order, Request for Sanctions 052
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.24
Excerpt: ...against Defendants Ildelfonso Davalo, Ayon Nursery, and Jose DeJesus Ayon. On May 10, 2019, Defendants Ildelfonso Davalos and Jose Dejesus Ayon filed the subject motion for a protective order to prevent the deposition of Ildelfonso Davalos and for sanctions. The motion was brought in anticipation of Plaintiff moving to compel a second session of Defendant's deposition. On May 24, 2019, Plaintiff filed a motion for an order compelling the second s...
2019.6.24 Motion to Quash Subpoena for Medical Records 911
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.24
Excerpt: ...mployment with Defendants Target Corporation, Target, and Target Brands, Inc. (collectively “Target”), and Defendant Penske Corporation, sustaining injuries. Plaintiff filed his Complaint against all defendants on October 23, 2018 alleging two causes of action sounding in (1) Motor Vehicle Negligence, Negligent Entrustment, Negligent Hiring, Negligent Undertaking, Negligent Retention, Negligent Supervision and Negligent Training; and (2) Negl...
2019.6.21 Motion to Compel Responses 655
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.21
Excerpt: ...stant motion to compel responses. On April 4, 2019, the Court, on its own motion, advanced and continued the hearing from May 17, 2019 to June 21, 2019. Trial is set for August 19, 2019. PARTY'S REQUEST Defendant requests a court order compelling Plaintiff to provide responses to Form Interrogatories (Set One) and Demand for Production of Documents (Set One). Defendant also requests a court order imposing $606.65 in monetary sanctions against Pla...
2019.6.20 Demurrer 904
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.20
Excerpt: ...and retention. Plaintiff alleged he was within the studio of FIL's premises on November 25, 2018, to participate in a “step class.” (FAC ¶7.) Plaintiff alleged Defendants, on or before November 25, 2018, knew that individuals participating in a “step class” utilized a certain amount of space within which they would participate at the instructor's direction by stepping up, down, and around their “step.” Plaintiff alleged Defendants al...
2019.6.20 Demurrer, Motion to Strike 323
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.20
Excerpt: ...is a medical malpractice lawsuit stemming from a failed abortion negligently performed by Defendants on or around March 29, 2017. (Complaint ¶1.) Plaintiff alleged the clinic performed an abortion to terminate her pregnancy on March 29, 2017, at which time she was 7 weeks and 4 days pregnant. (Complaint ¶10.) Plaintiff alleged she was informed, on that date, the termination of pregnancy was successfully completed and an intrauterine device (“...
2019.6.20 Motion to Compel Arbitration 940
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.20
Excerpt: ...ch 18, 2019, Defendant Airbnb, Inc. (“Airbnb”) filed a motion to compel arbitration. Trial is set for August 14, 2020. PARTY'S REQUESTS Airbnb requests that this Court issue an order compelling Plaintiff to engage in arbitration pursuant to Airbnb's Terms ofService (“TOS”) and staying the case pending resolution of the arbitration. LEGAL STANDARD California Code of Civil Procedure section 1281.2 permits a party to file a petition and moti...
2019.6.20 Motion for Summary Judgment, Adjudication 126
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.20
Excerpt: ...bility for a slip-and-fall that occurred on June 3, 2016. On April 3, 2019, Defendants filed the subject motion for summary judgment or, in the alternative, summary adjudication on the grounds that there is no triable issue of fact as to Defendants' compliance with the standard of care and no triable issue of fact as to the element of causation. On April 15, 2019, Defendants Kaiser Foundation Health Plan, Inc. and Southern California Permanente M...
2019.6.19 Motion to Compel Responses, to Deem Truth of Request for Admissions 114
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.19
Excerpt: ...rred on¿July 28, 2016.¿ On November 20, 2018, Plaintiff-in-Intervention Insurance Company of the West (“Plaintiff') filed a Complaint-in-Intervention for reimbursement of Workers' Compensation benefits against Defendant-in-Intervention Martine J. Work (“Defendant”). On April 4, 2019, Plaintiff filed four motions against Defendant to compel responses to form interrogatories, special interrogatories, and request for production of documents,...
2019.6.19 Motion to Bifurcate 148
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.19
Excerpt: ...ted felon and brother of one of Defendant's tenants. (Id. ¶¶ 3‐5, 7.) Frayre alleges that Park had received notice several times that Gallegos threatened tenants, but Park took no action, thus violating its duty to maintain the apartment complex in a safe condition. (Id. ¶¶ 4-5, 7.) Because of the incident, Frayre was in a coma for 13 days and suffered a hematoma and orbital fracture. (Id. ¶ 6; Wiseman Decl. Ex. A No. 6.2.) Frayre asserts ...
2019.6.18 Demurrer 722
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.18
Excerpt: ...sufficient facts to constitute a cause of action because it is barred by the statute of limitations. Trial is set for March 23, 2020. Plaintiff is self-represented. Self-represented parties are treated like any other party and thus must adhere to the rules of procedure. (Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246- 1247.) PARTY'S REQUEST Defendant requests that the Court sustain her demurrer because Plaintiff's cause of action is barred by the...
2019.6.18 Motion for Leave to Amend Complaint 619
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.18
Excerpt: ... with prejudice. Trial is set for September 19, 2019. PARTY'S REQUESTS Plaintiff Ravinder Shergill (“Plaintiff') requests leave to amend the Complaint to add a cause of action for medical battery. LEGAL STANDARD California Code of Civil Procedure section 473, subdivision (a)(1) provides, in relevant part: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding o...
2019.6.18 Motion to Amend Order 342
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.18
Excerpt: ...Y'S REQUEST Plaintiff moves the Court for clarification of its February 20, 2019 discovery order and to stay the order for a period of 30 days pending receipt of such clarification. LEGAL STANDARD Pursuant to Code of Civil Procedure §473(d), “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion o...
2019.6.17 Demurrer 099
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.17
Excerpt: ...ndants for negligence, premises liability and dangerous condition of public property, all grounded on the same underlying allegations. On April 15, 2019, Plaintiff filed a first amended complaint (“FAC”). In the FAC, Plaintiff retained the negligence and premises liability claims against Defendant SAMKO, LLC, but asserted only one cause of action against Defendant County of Los Angeles, by and through the Department of Health Services (hereaf...
2019.6.17 Motion for Summary Judgment, Adjudication 871
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.17
Excerpt: ...y judgment on the grounds that Defendant did not have notice of the dangerous condition. Trial is set for October 9, 2019. PARTY'S REQUEST Defendant requests an order granting summary judgment against Plaintiff pursuant to California Code of Civil Procedure section 437c arguing that there is no triable issue of material fact and Defendant is entitled to judgment as a matter of law. Specifically, Defendant contends that there is no evidence demons...
2019.6.17 Motion to Continue Trial 268
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.17
Excerpt: ... alleged automobile versus pedestrian accident. Plaintiffs filed a Request for Dismissal on April 10, 2018, dismissing the complaint of Plaintiff Jeanna Jung Kim. On May 15, 2019, Plaintiff John Kim filed a motion to continue the trial in this matter. Trial is set for July 30, 2019. PLAINTIFF'S REQUEST Plaintiff John Kim (“Plaintiff”) requests that the Court continue the trial date in this action. LEGAL STANDARD CRC 3.1332(b) provides, as fol...
2019.6.14 Motion for Summary Judgment 957
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.14
Excerpt: ...as working as a nurse at one of Defendant's hospitals. On March 2, 2018, Plaintiff named Universal Protection Service, LP (“UPS”) as Doe 2 and on August 30, 2018, Plaintiff filed a First Amended Complaint (“FAC”). On July 7, 2014, Plaintiff, a telemetry nurse, was working at Southern California Hospital Hollywood (“SCHH”). UPS was providing security services. Plaintiff alleges UPS provided negligent security services that allowed a ps...
2019.6.14 Motion to Strike Complaint 997
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.14
Excerpt: ...2017. On May 16, 2019, Defendant Yaser Badrm M.D. (“Defendant”) filed a motion for an order to strike portions of Plaintiff's complaint. On June 3, 2019, Plaintiff filed an opposition. On June 7, 2019, Defendant filed his reply. Trial is set for May 20, 2020. PARTY'S REQUEST Defendant requests that the Court strike from the complaint: (1) Plaintiff's prayer for prejudgment interest and (2) Plaintiff's prayer for attorney's fees. In his opposi...
2019.6.14 Motion for Leave to File Complaint 641
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.14
Excerpt: ...016. On April 3, 2018, Defendant Frolyan Mendez (“Mendez”) filed a cross-complaint against defendants Robin Smith and Universal Plant Services of California for indemnity, contribution, and apportionment of fault for the February 11, 2016 collision. On May 18, 2018, Mendez was dismissed from the Complaint by Plaintiff. Trial is set for February 7, 2020. PARTY'S REQUEST Defendants Robin Smith (“Smith”) and Universal Plant Services of Calif...
2019.6.14 Motion for Summary Judgment 039
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.14
Excerpt: ...iff filed opposition papers on June 3, 2019. Defendants filed reply papers on June 7, 2019. Trial is set on November 14, 2019. PARTY'S REQUEST Defendants request that this Court enter summary judgment against Plaintiff pursuant to Code of Civil Procedure section 437c on the grounds that there are no triable issues of material fact regarding breach and causation and Defendants are thus entitled to judgment as a matter of law. LEGAL STANDARD The pu...
2019.6.13 Motion for Summary Judgment 640
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.13
Excerpt: ...(a), 815.2(a) and 815.4); (2) vicarious liability (Government Code section 815.2(a) and 815.4); (3) dangerous condition of public property (Government Code § 835); and (4) loss of consortium. On October 2, 2018, City of La Verne filed a Cross-Complaint against Bonita Unified School District and Does 1 to 50 for (1) indemnification; (2) apportionment of fault; and (3) declaratory relief. On October 26, 2018, dismissal without prejudice was entere...
2019.6.13 Motion for Protective Order Quashing Subpoena 352
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.13
Excerpt: ...rred on or about February 19, 2017. On June 15, 2017, the Court granted Defendant's motion to strike portions of Plaintiffs' complaint with leave to amend. On July 17, 2017, Defendant filed an answer to the complaint. On June 14, 2018, the Court granted Defendant's motion for a protective order quashing Plaintiffs' subpoenas seeking Defendant's medical records. On April 2, 2019, Defendant filed a motion for a protective order quashing Plaintiffs'...
2019.6.13 Motion for Summary Judgment 213
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.13
Excerpt: ...g informed consent to administer nerve block(s) and anesthesia resulting in cardiorespiratory arrest and brain damage on December 5, 2017. On March 26, 2019, Defendant Domenick J. Sisto, M.D. (“Moving Defendant”) filed a motion for summary judgment. This motion was brought on the grounds that there are no triable issues of material fact with respect to whether Moving Defendant breached his duty of care or caused Plaintiff's injuries. Trial is...
2019.6.13 Motion to Compel Second Physical Exam 405
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.13
Excerpt: ..., Defendants Que Skyspace, LLC and Beringia Central, LLC (collectively “Defendants”) filed a motion to compel Plaintiff to submit to a second physical examination with an orthopedic surgeon based on Plaintiff's physical injuries. Trial is set for August 21, 2019. PARTY'S REQUESTS Defendants ask the Court for an order compelling Plaintiff to submit to a physical examination before Orthopedic Kenneth R.Sabbag, M.D. on July 16, 2019. LEGAL STAND...
2019.6.12 Motion to Interplead Funds, Dismiss Defendant 317
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.12
Excerpt: ...05c000300 0058004a004b0003004b[is guardian ad litem, Elsa Magali Varela, filed a complaint against Defendant Louise J. Felix alleging negligence and premises liability for an electrocution that occurred on May 15, 2013. In BC589142, on August 3, 2015, Plaintiff M.B., by and through his guardian ad litem, Elsa Magali Varela, filed an amended complaint to name Does 1-25 as defendants. In BC580317, on September 18, 2015, Defendant Felix filed a cros...
2019.6.11 Demurrer, Motion to Strike 953
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.11
Excerpt: ...nded the complaint to name CVS Pharmacy as Doe 1. On April 9, 2019, Plaintiff filed a Second Amended Complaint alleging professional negligence and ordinary negligence againstDefendant Aviva Iofel, M.D. and Defendant Garfield Beach CVS, L.L.C. for a wrongful prescription and distribution of Warfarin. On May 9, 2019, Defendant Garfield Beach CVS, L.L.C. filed a demurrer and motion to strike to Plaintiff's Second AmendedComplaint due to a lapse of ...
2019.6.11 Motion for Preference and Specially Setting Trial 881
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.11
Excerpt: ...8. On April 2, 2019, Plaintiff filed a motion for preference in specially setting trial due to Plaintiff's age and health. Trial is set for June 1, 2020. PARTY'S REQUEST Plaintiff requests the Court for a preferential trial date to be set within 120 days from the date that Plaintiff's motion is grantedpursuant to California Code of Civil Procedure section 36, subdivisions (d) and (e). LEGAL STANDARD California Code of Civil Procedure section 36 s...
2019.6.11 Motion for Terminating Sanctions 086
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.11
Excerpt: ...le collision that occurred onFebruary 27, 2016. On February 13, 2019, the Court ordered Plaintiffs to serve on Defendant verified responses, without objections, to Defendant's Form Interrogatories, Special Interrogatories, and Request for Production of Documents and Things (All Set One) within 20 days. The Court also ordered Plaintiffs to produce all documents and things in Plaintiffs' possession, custody, or control, which are responsive to Defe...
2019.6.11 Motion to Quash Service of Summons 478
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.11
Excerpt: ... the service of summons as the wrong entity was served. Trial is set for August 18, 2020. PARTY'S REQUEST Defendants Lamar Advertising Co. (“Moving Defendant”) request that this Court issue an order quashing service of summons on Moving Defendant due to a failure of the summons to name the correct entity. LEGAL STANDARD A defendant may serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction of the c...
2019.6.10 Motion to Bifurcate 168
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.10
Excerpt: ...of Los Angeles filed a cross-complaint seeking indemnification, apportionment of fault, and declaratory relief from Roes 1 through 50. On July 20, 2017, Plaintiffs filed a First Amended Complaint against Defendant City of Los Angeles. On July 26, 2018, Cross-Complainant Housing Authority of the City of Los Angeles filed a cross-complaint against Cross-Defendant California Averland Construction, Inc. seeking express indemnity, implied indemnity, c...
2019.6.10 Motion for Summary Judgment, Adjudication 335
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.10
Excerpt: ...uly 22, 2016. On March 5, 2019, Defendant Sam's West, Inc. filed a motion for summary judgment, or in the alternative, summary adjudication on the grounds that Defendant Sam's West, Inc. did not create the dangerous condition and Defendant Sam's West, Inc. did not have notice of the dangerous condition. On March 26, 2019, Plaintiff dismissed Defendant Walmart with prejudice. Trial is set for December 18, 2019. PARTY'S REQUEST Defendant Sam's West...
2019.6.10 Motion to Dismiss, for Terminating or Evidentiary Sanctions 529
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.6.10
Excerpt: ...t occurred on June 3, 2017. On March 26, 2019, Defendants filed a motion to dismiss the complaint, and for terminating sanctions or evidentiary sanctionsfor Plaintiffs' failure to respond to discovery and obey a February 6, 2019 Court order. Trial is set for September 9, 2019. PARTIES REQUESTS Defendants request that the Court either dismiss Plaintiffs' complaint, issue terminating sanctions, or issue evidentiary sanctionsbecause of Plaintiffs' f...
2019.5.30 Motion for Summary Judgment 242
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.30
Excerpt: ... Defendant filed a motion for summary judgment on the grounds that there is no triable issue of material fact regarding whether Defendant breached a duty of care to Plaintiff that caused his injuries. Trial is set for October 7, 2019. PARTY'S REQUEST Defendant requests that this Court enter summary judgment against Plaintiff pursuant to Code of Civil Procedure section 437cbased on Defendant's expert opinion that Defendant did not breach a duty of...
2019.5.30 Motion to Compel Responses 602
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.30
Excerpt: ...rt for an automobile collision that occurred on January 5, 2015. On August 14, 2017, Plaintiffs filed a First Amended Complaint omitting the cause of action for an intentional tort. On March 21, 2019, Defendants filed motions to compel Plaintiffs' responses to Form Interrogatories (Set Three) and to Request for Production of Documents (Set Three). Trial is set for June 24, 2019. PARTES' REQUESTS Defendants request that the Court issue an order co...
2019.5.30 Motion to Continue Trial 263
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.30
Excerpt: ...le and general negligence for an automobile collision that occurred on May 15, 2017. On September 18, 2017, Defendant Poming Chang filed a cross-complaint against Plaintiff seeking indemnification, apportionment of fault, and declaratory relief. On May 7, 2019, Defendant Well and Fit Adult Day Health Center, Inc. filed a motion to continue trial to October 21, 2019 and the related dates because Defendant Well and Fit Adult Day Health Center, Inc....
2019.5.30 Motions to Enforce Settlement Agreement, to Set Aside Agreement 132
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.30
Excerpt: ...premises liability for a trip-and-fall that occurred on December 22, 2016. On June 6, 2018, Plaintiff amended the complaint to replace Defendants CHA Hollywood Medical Center, LP, City of Los Angeles, and Hollywood Presbyterian Medical Center with Defendants Children's Hospital Los Angeles, Children's Hospital Los Angeles Medical Foundation, and Children's Hospital Medical Group, Inc. On June 7, 2018, Plaintiff amended the complaint to name Child...
2019.5.29 Demurrer 001
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.29
Excerpt: ...February 4, 2019, Plaintiffs filed their First Amended Complaint against Defendants Steven Tyler Ritchie, Peacock Engineering, Inc., EAN Holdings, Inc., and Enterprise Rent-A- Car Company of Sacramento, LLC alleging motor vehicle and general negligence for an automobile collision that occurred on May 25, 2015 On April 22, 2019, Defendants EAN Holdings, LLC (erroneously filed and served as EAN Holdings, Inc. and Enterprise Rent-A-Car Company of Sa...
2019.5.29 Demurrer 219
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.29
Excerpt: ...t Amended Complaint (“FAC”) to allege additional facts to the complaint filed on January 4, 2019. On April 29, 2019, Defendant Alhambra Unified School District filed a demurrer to Plaintiff's complaint on the grounds that it fails to plead sufficient facts to state a cause of action for a premises liability and that the first and third causes of action are duplicative. Trial is set for July 6, 2020. PARTY'S REQUEST Defendant Alhambra Unified ...
2019.5.29 Motion for Leave to File Complaint 990
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.29
Excerpt: ...On April 5, 2019, Defendant LBA/CPT Industrial Company V, LLC (erroneously sued as LBA/CPT Industrialcompany LLC)filed a motion for leave to file a cross-complaint against Defendant Performance Food Group, Inc. Trial is set for January 1, 2020. PARTY'S REQUEST Defendant LBA/CPT Industrial Company V, LLC (erroneously sued as LBA/CPT Industrialcompany LLC) (“Moving Defendant”) requests that the Court grant leave to file a cross-complaint agains...
2019.5.29 Motion for Summary Judgment 312
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.29
Excerpt: ...n for summary judgement on the basis that Defendant did not owe a duty to Plaintiff because the assault was unforeseeable and Defendant did not have knowledge of similar incidents involving the assaulting non-party. Trial is set for September 23, 2019. PARTY'S REQUEST Defendant requests this court for an order granting summary judgment in its favor because there is no triable issue of material fact that Defendant did not owe a duty to Plaintiff a...
2019.5.29 Motion to Continue Trial 500
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.29
Excerpt: ...al to November 22, 2019 and to reopen discovery because there has been a recent substitution of counsel, several witnesses need to be deposed, and an expert opinion needs to be explored. Trial is set for June 7, 2019. PARTY'S REQUESTS Defendant asks the Court for an order continuing trial to November 22, 2019 and reopening discovery for Defendant to depose several witnesses and decide whether an expert opinion is necessary. LEGAL STANDARD Pursuan...
2019.5.28 Motion for Summary Judgment, Adjudication 574
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.28
Excerpt: ..., Defendant filed a motion for summary judgment, or in the alternative, summary adjudication on the grounds that Defendant did not have notice of the dangerous condition and Defendant did not create the dangerous condition. Trial is set for December 30, 2019. PARTY'S REQUEST Defendant requests the Court for an order granting summary judgment, or in the alternative, summary adjudication against Plaintiff pursuant to California Code of Civil Proced...
2019.5.28 Motion to Reclassify 063
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.28
Excerpt: ...tion to reclassify this action from an unlimited jurisdiction matter to a limited jurisdiction matter because Plaintiff's existing medical records show that there were no fractures or recommended surgery subsequent to the incident. Trial is set for August 13, 2019. PARTY'S REQUEST Plaintiff requests that the Court reclassify this action as a limited jurisdiction matter pursuant to California Code of Civil Procedure section 403.040. LEGAL STANDARD...
2019.5.28 Motion to Continue Trial 347
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.28
Excerpt: ...parking structure came down and struck both Plaintiffs to the ground on January 14, 2016. On April 30, 2019, Plaintiffs filed an amendment to the complaint naming Defendant Mrs. Gooch's Natural Food Market, Inc. as Doe 1. On May 3, 2019, Defendant Mrs. Gooch's Natural Food Market, Inc. filed a motion to continue trial to September 4, 2020 to prepare for trial. Trial is set for June 27, 2019. PARTY'S REQUESTS Defendant Mrs. Gooch's Natural Food Ma...
2019.5.28 Motion for Terminating Sanctions or to Compel Deposition 552
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.28
Excerpt: ...e complaint to name Christopher Lavar Turpin as Doe 1. On February 21, 2018, Defendant Christopher Lavar Turpin filed a cross-complaint against Plaintiff for negligence, battery, and intentional infliction of emotional distress, for physical harassment that occurred on March 26, 2015. On March 20, 2019, Defendant Christopher Lavar Turpin filed a motion for terminating sanctions dismissing Plaintiffs' complaint for a history of abuse of the discov...
2019.5.28 Motion for Preference and Specially Setting Case for Trial 094
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.28
Excerpt: ...) tortious breach of implied warranty of habitability; (3) statutory breach of warranty of habitability (Cal. <004a004f004c004a004800 00030053005500480050>ises liability; (6) violation of <0026004c00590011000300 001c0017001a00110014>1; (7) nuisance; (8) collection of rent on substandard dwelling in violation of Cal. Civ. Code § 1942.4; (9) constructive eviction; (10) breach of covenant of quiet enjoyment; (11) intentional infliction of emotional...
2019.5.28 Motion for Leave to Intervene 468
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.28
Excerpt: ...rance Company filed a motion for leave to intervene in subrogation for Plaintiff. Trial is set for July 17, 2019. PARTY'S REQUEST Non-party Mercury Insurance Company (“Moving Non-Party”) seeks leave to file a complaint in this action because Moving Non-Party provides insurance to Plaintiff and has a subrogation claim arising from damage to Plaintiff's vehicle, which is one of the same losses asserted in this action sought by its insured, Plai...
2019.5.28 Demurrer 870
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.28
Excerpt: ...Plaintiff filed an amendment to the complaint naming Enterprise Rent-A-Car Company of Los Angeles, LLC as DOE 1. On April 22, 2019, Defendant EAN Holdings, LLC filed a demurrer to Plaintiff's complaint on the grounds that it fails to plead sufficient facts to state a cause of action for negligence, the complaint is uncertain, and the Graves Amendment renders Defendant EAN Holdings, LLC as immune from this action. Trial is set for June 26, 2020. P...
2019.5.24 Motion for Summary Judgment 125
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.24
Excerpt: ...judgment on the grounds that there is no triable issue of material fact indicating Defendant breached a duty of care to Plaintiff Judith Bahan or caused Plaintiff Judith Bahan's injuries. Trial is set for September 26, 2019. PARTY'S REQUEST Defendant asks this court to enter summary judgment against Plaintiff pursuant to Code of Civil Procedure section 437c based on Defendant's expert declaration opining that Defendant did not breach a duty of ca...
2019.5.24 Petition to Approve Three Minors' Compromises 209
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.24
Excerpt: ...Company, and Doe Security Guard. The complaint alleged wrongful death based on medical malpractice and negligence for decedent Delmy Granados' death due to self-strangulation that occurred on September 4, 2017. On May 2, 2019, Plaintiff Berta Ramirez filed three petitions to approve a compromise of pending action for Plaintiffs JassonAnderson, Barrera Granados, Hellen Granados Alvarez and Edgary Johnny Urruta Granados. On May 14, 2019, Petitioner...
2019.5.24 Motion to Dismiss 797
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.24
Excerpt: ...ased onPlaintiff Gregory Yongpae's death on July 30, 2018. PARTY'S REQUEST Defendant requests this court to dismiss this action pursuant to California Code of Civil Procedure sections 366.1, 377.31. LEGAL STANDARD “It is the policy of the state that a plaintiff shall proceed with reasonable diligence in the <0033005500520046001100 001600130011000c0003> California Code of Civil Procedure section 583.150 states: “This chapter does not limit or ...
2019.5.24 Motion for Relief to Set Aside Entry of Default, Judgment 028
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.24
Excerpt: ... occurred on November 5, 2013. Filed on December 5, 2016, the Proof of Service of Summons on Defendant Fred Douglas Colbert (“Defendant Colbert”)indicates that substituted service was accomplished on November 15, 2016 by leaving copies of the complaint, summons, statement of damages and other initiating documents with “Sister Christina Colbert” at 7026 Newell Street, Huntington Park, CA 90255 and mailing these documents to Defendant Colbe...
2019.5.23 Motion for Determination of Good Faith Settlement 053
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.23
Excerpt: ...8, 2017. On November 28, 2018, Defendants Josie Mae Messina, Michael Messina, and Terri S. Messina filed a cross-complaint seeking apportionment and indemnity from Roes 1-100. On March 15, 2019, Defendant Alberto Vasquez (“Moving Defendant”) filed a motion for determination of good faith settlement for an agreement that had been entered into between Defendant Alberto Vasquez and Plaintiff Jonathan Lee. On May 8, 2019, Defendant Alberto Vasque...
2019.5.23 Motion to be Relieved as Counsel 016
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.23
Excerpt: ...against Plaintiff Rudy Martinez seeking indemnification, apportionment of fault, and declaratory relief. On April 26, 2019, Elaine J. Kim filed a motion to be relieved as counsel on behalf of Doherty & Catlow and Paul F. Sullivan & Associates, attorneys for Plaintiff Rudy Martinez, due to a substitution of counsel. Trial is set for January 7, 2020. PARTY'S REQUEST Doherty & Catlow and Paul F. Sullivan & Associates seek to be relieved as counsel f...
2019.5.23 Demurrer 887
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.23
Excerpt: ... on the grounds that it failed to state sufficient facts to constitute a cause of action for negligence against Defendant EAN Holdings, LLC, that the complaint is uncertain, and that the Graves Amendment renders Defendant EAN Holdings, LLC immune from this action. Trial is set for June 16, 2020. PARTY'S REQUEST Defendant Enterprise EAN Holdings, LLC (“Demurring Defendant”) requests that the Court sustain its demurrer to Plaintiff's complaint ...
2019.5.22 Motion to Continue Trial 061
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.22
Excerpt: ...overnment Code section 815.2 and violations of Civil Code sections 2013, 2100, and 2101. On December 31, 2018, Plaintiff amended the complaint to name Defendant Gavin Curry as Doe 1. On April 22, 2019, Defendant Los Angeles County Metropolitan Transportation Authority (“Moving Defendant”) filed a motion for a continuance of trial and all related dates because of counsels' conflicting schedules, Plaintiff's medical examination, pending expert ...
2019.5.22 Demurrer, Motion to Strike 992
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.22
Excerpt: ...ation on October 24, 2018. On January 15, 2019, Plaintiff filed his First Amended Complaint (“FAC”) against Defendant alleging negligence and premises liability for injuries for a slip-and-fall that occurred on October 24, 2018. On April 24, 2019, Defendant filed a demurrer to the FAC on the grounds that the FAC does not state sufficient facts for the negligence or premises liability causes of action and the FAC is uncertain. Also on April 24...
2019.5.22 Motion to Continue Trial 552
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.22
Excerpt: ...iff filed an amendment to the complaint naming Defendant Michael Abrams as Doe 1. On February 11, 2019, Plaintiff filed an amendment to the complaint naming Defendant Uber Technologies, Inc. as Doe 2. On March 14, 2019, Plaintiff filed an amendment to the complaint naming Defendant Hussain Hirjer as Doe 3. On May 2, 2019, Defendant Hussain Hirjer filed a cross-complaint seeking equitable indemnity, contribution, and declaratory relief from Michae...
2019.5.22 Motion to Enforce Settlement Agreement 132
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.22
Excerpt: ...lity for a trip-and-fall that occurred on December 22, 2016. On June 6, 2018, Plaintiff amended the complaint to replace Defendants CHA Hollywood Medical Center, LP, City of Los Angeles, and Hollywood Presbyterian Medical Center with Defendants Children's Hospital Los Angeles, Children's Hospital Los Angeles Medical Foundation, and Children's Hospital Medical Group, Inc. On June 7, 2018, Plaintiff amended the complaint to name Children's Hospital...
2019.5.22 Motion for Summary Judgment 062
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.22
Excerpt: ... of Transportation (“Defendants”). The complaint alleged motor vehicle negligence, general negligence, and a dangerous condition of public property for an automobile collision that occurred on August 19, 2019. <0003004400510047000300 004c0048004f00030035[ohrer filed a cross- complaint seeking apportionment of fault, indemnification, and declaratory relief against City of Los Angeles, City of Los Angeles Department of Transportation, City of L...
2019.5.21 Motion for Relief to Set Aside Default, Judgment 521
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.21
Excerpt: ... Opposing Party filed a complaint against Moving Party alleging general and motor vehicle negligence for an accident that occurred on December 9, 2015. <0055004800470003004700 004a0044004c00510056[t Moving Party. On October 4, 2018, in BC679223, Moving Party filed a motion to set aside an entry of default and a default judgment on the grounds that Moving Party did not receive actual notice of the summons or complaint. On January 17, 2019, in BC67...
2019.5.21 Motion to Compel Deposition, Production of Docs 055
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.21
Excerpt: ...int alleges premises liability against Defendants for a slip-and-fall that occurred on January 29, 2017. On March 12, 2019, Plaintiff filed a motion to compel Defendant American Multi- Cinema, Inc. to produce its custodian of records for a deposition and to compel Defendant American Multi-Cinema, Inc. to produce documents for a failure to comply with discovery. Trial is set for June 10, 2020. PARTY'S REQUESTS Plaintiff asks the Court for an order...
2019.5.20 Motion for Judgment on the Pleadings 535
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.20
Excerpt: ...r 28, 2015. On August 23, 2018, Plaintiff filed a First Amended Complaint (“FAC”) that excluded Plaintiff's previous allegation of general negligence. On April 19, 2019, Defendant filed a motion for judgment on the pleadings on the grounds that Plaintiff's complaint is barred by a February 6, 2018 order from Judge Mary H. Strobel under California's Government Tort Claims Act. Trial is set for December 27, 2019. PARTY'S REQUESTS Defendant requ...
2019.5.20 Motion to Strike 710
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.20
Excerpt: ...strike punitive damages from Plaintiff's complaint filed on November 13, 2018. Trial is set for May 12, 2020. PARTY'S REQUEST Defendant asks this Court for an order striking punitive damages from the complaint pursuant to California Code of Civil Procedure sections 435 and 436 and Civil Code section 3294. LEGAL STANDARD Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole complaint ...
2019.5.20 Motion to Strike 949
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.20
Excerpt: .... (“Moving Defendant”) filed a motion to strike punitive damages from Plaintiff's complaint filed on December 19, 2018. Trial is set for June 17, 2020. PARTY'S REQUEST Moving Defendant asks this Court for an order striking punitive damages from the complaint pursuant to California Code of Civil Procedure sections 435 and 436 and Civil Code section 3294. LEGAL STANDARD Any party, within the time allowed to respond to a pleading may serve and f...
2019.5.20 Motion to Compel Request for Production of Docs 324
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.20
Excerpt: ...ndant City of Los Angeles filed a Cross-Complaint against Cross-Defendants Marie Quon and Trustee of Marie Quon Trust. On February 22, 2019, Defendant City of Los Angeles filed a motion to compel responses from Plaintiff to Request for Production of Documents (Set One) due to Plaintiff's failure to respond. Trial is set for July 23, 2019. PARTY'S REQUESTS Defendant City of Los Angeles (“Moving Defendant”) requests that the Court issue an orde...
2019.5.20 Motion to Continue Motion Cut-Off Date, for Leave to Amend Answer 494
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.20
Excerpt: ...4, the Court continued trial from February 8, 2019 to May 9, 2019 and continued the motion cut-off dates to follow the new trial date. On March 7, 2019, Defendant filed a motion for leave to file an amended answer to assert an affirmative defense related to California Civil Code section 3333.4. <0055005200500003003000 0014001c000300570052[ June 10, 2019, but the Court did not continue the motion cut-off date. On April 8, 2019, Defendant filed a m...
2019.5.17 Motion for Leave to File Complaint 836
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.17
Excerpt: ...nt filed a motion for leave to file a cross-complaint against Ernesto Rodelo because it arises out of the same transactions and occurrences as Plaintiff's complaint. Trial is set for October 11, 2019. PARTY'S REQUEST Defendant requests the Court for an order granting leave for Defendant to file a cross- complaint against Ernesto Rodelo for indemnification, apportionment of fault, and declaratory relief. LEGAL STANDARD California Code of Civil Pro...
2019.5.17 Motion for Summary Judgment 331
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.17
Excerpt: ... automobile collision that occurred on October 23, 2015. On February 26, 2019, Defendants filed a motion for summary judgment on the grounds that Defendants did not breach any duty owed to Plaintiffs and Defendants did not cause Plaintiffs' injuries. Trial is set for June 17, 2019. PARTY'S REQUEST Defendants request the Court for an order granting summary judgment in their favor arguing there is no triable issue of material fact regarding breach ...
2019.5.17 Motion to Continue Trial 704
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.17
Excerpt: ...d a motion for a continuance of trial and all related dates because Defendants have recently discovered that it has been recommended that Plaintiff David Dimaya have a spinal fusion surgery. Trial is set for June 10, 2019. PARTY'S REQUESTS Defendant request the Court for an order continuing trial, the final status conference, and all expert, discovery, and motion cut-off dates for 120 to 180 days. LEGAL STANDARD Pursuant to California Rules of Co...
2019.5.16 Motion to Compel Further Responses 896
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.16
Excerpt: ...”) seeking damages and other relief for alleged <000301020176011a000301 019a0003017d01100110>urred at Moving Defendant's restaurant on April 1, 2015. On January 3, 2019, Defendant served Requests for Admissions, Set Three, on Plaintiff. Plaintiff served responses on March 7, 2019, consisting solely of objections. Although <01900189017d0176019001 01900189017d01760190>e to Defendant's meet and confer efforts, new supplemental responses were never...
2019.5.15 Motion to Continue Trial 719
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.15
Excerpt: ...r a continuance of trial and all related dates because Plaintiff had undergone a multi-level lumbar fusion surgery and is expected to require 12-18 months of recovery time. Trial is set for July 25, 2019. PARTY'S REQUESTS Defendant request the Court for an order continuing trial to March of 2020 and the final status conference and all expert, discovery, and motion cut-off dates to follow the new trial date. LEGAL STANDARD Pursuant to California R...
2019.5.15 Motion for Leave to Amend Complaint 933
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.15
Excerpt: ...dual board members as defendants and amend his complaint to include a punitive claim for damages due to Defendant's prior knowledge that the restroom tiles are slippery when wet. Trial is set for September 20, 2019. PARTY'S REQUESTS Plaintiff requests leave to amend his complaint to name Defendant's individual board members as defendants and amend his complaint to include a punitive claim for damages. LEGAL STANDARD California Code of Civil Proce...
2019.5.15 Motion for Leave to Amend Complaint 558
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.15
Excerpt: ... 3706 for an incident where Plaintiff fell through a skylight while cleaning solar panels on a roof on June 21, 2018. On March 6, 2019, Plaintiff filed an amendment to his complaint to name Thrifty Oil, Co. as Defendant Doe 1. <005200550003004f004800 004c004f004800030044> first amended complaint to allege causes of action for strict liability and a breach of implied warranty against a new defendant. Trial is set for February 24, 2020. PARTY'S REQ...
2019.5.15 Motion for Leave to File Complaint 672
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.15
Excerpt: ...s liability and negligence arising from a flood that occurred on August 3, 2014. On December 8, 2017, Plaintiffs amended their complaint to name Mt. Baldy Homeowners Association as a defendant and allege violations of Government Code sections 835, 815.2, and 820(a), as well as violations of Civil Code sections 3479 and 3480. On April 18, 2019, County of Los Angeles (“Moving Defendant”) filed a motion for leave to file a cross-complaint agains...
2019.5.15 Motion for Protective Order 229
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.15
Excerpt: ...ctive order pertaining to Plaintiff Allen Richman's Form Interrogatories (Set Two) and Requests for Admissions (Set One) on the grounds that (1) Defendant has advanced Alzheimer's disease, (2) Plaintiff Allen Richman passed away and no estate has been added to this case; and (3) that Plaintiff's discovery is overly burdensome and oppressive. Trial is set for August 26, 2019. PARTY'S REQUESTS Defendant asks the Court for an order relieving Defenda...
2019.5.15 Motion for Summary Judgment 373
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.15
Excerpt: ...from treatment administered in February of 2016. On January 7, 2019, Defendant Providence Saint John's Health Center (“Moving Defendant”) filed a motion for summary judgment based on an expert declaration that there are no issues of triable fact regarding breach and causation for medical negligence. Trial is set for February 19, 2020. PARTY'S REQUEST Moving Defendant requests that the Court grant summary judgment in its favor arguing that the...
2019.5.15 Motion for Summary Judgment, Adjudication 517
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.15
Excerpt: ...hird-party.) Both incidents occurred on June 6, 2015. On January 8, 2019, Defendant filed a motion for summary judgement, or in the alternative, a motion for summary adjudication on the basis that Defendant did not breach a duty that would support Plaintiff's negligence claim. Defendant also argues in this motion that Defendant did not owe a duty, breach a duty, or cause harm from a breach of any duty to Plaintiff with respect to Plaintiff's prem...
2019.5.15 Motion to be Relieved as Counsel 192
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.15
Excerpt: ...y Gallardo, M.D., Dr. Cary Gallardo, M.D., Dr. Greg Marconi, M.D.(“Defendants”). The complaint alleges medical malpractice and wrongful death for treatment that was administered in November of 2017. On April 12, 2019, Yana G. Henricks, Esq. filed a motion to be relieved as counsel for Plaintiffs due to a breakdown incommunication in the attorney-client relationship. Trial is set for June 29, 2020. PARTY'S REQUEST Plaintiffs' counsel of record...
2019.5.15 Motion to Reclassify (Walker Motion) 446
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.15
Excerpt: ...motion to reclassify this action from an unlimited jurisdiction matter to a limited jurisdiction matter because Plaintiff is unable to seek non- economic damages. Trial is set for June 26, 2019. PARTY'S REQUEST Plaintiff asks the Court for an order reclassifying this action as a limited jurisdiction matter pursuant to California Code of Civil Procedure section 403.040. LEGAL STANDARD Actions in which the amount in controversy is $25,000.00 or les...
2019.5.2 Demurrer 854
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.2
Excerpt: ...o case numbers BC711084 and BC714047. On June 21, 2018, Plaintiff Gemma Torres filed a complaint against Defendants Keith Anthony Gerald Freeman and Instrument Services, Inc. alleging negligence, gross negligence, negligence per se, and negligent entrustment for the October 15, 2016 vehicle collision. On January 30, 2019, Plaintiff Gemma Torres filed a First Amended Complaint alleging negligence and premises liability against Defendants Lindero H...
2019.5.2 Motion to Compel Further Responses, Request for Sanctions 745
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.5.2
Excerpt: ...filed a motion to compel further discovery responses from Plaintiff in connection with two requests for production of documents. Through Document Request number 3, Defendant asked for the production of “all wage/income statement” and other documents “pertaining to any claim for loss of earning, income profits, commissions or salaries as a result of the claimed incident.” Request for Production number 6 asked for “depth the declaration p...

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