Excerpt: ... The second vehicle incident involved Plaintiff and Defendant Magaly Saldivar Gutierrez (“Defendant”) (the “Second Incident”). On March 19, 2019, Plaintiff filed a Complaint alleging causes of action for motor vehicle negligence and general negligence against Defendant and the Sierra's. On May 8, 2019, Defendant Magaly Saldivar Gutierrez (“Defendant”) filed a Cross- Complaint against Defendants Aurelio Sierra and Yener Sierra (the “...

Excerpt: ...l. On January 28, 2021, the Court dismissed Defendant County of Los Angeles without prejudice. On February 26, 2021, this Court sustained with leave to amend Defendant City of Los Angeles' (“Defendant City”) demurrer, finding that the Complaint failed to allege facts sufficient to state a cause of action for negligence against Defendant. Plaintiff filed the operative First Amended Complaint (“FAC”) on March 18, 2021. The first cause of ac...

Excerpt: .... Defendants filed their Answer on April 17, 2019. On January 23, 2020, Defendants issued a subpoena to Dr. Calvin Yang, M.D., with a request for production of documents. Defendants sent a reissued Notice of Deposition and Subpoena for Dr. Yang on January 13, 2021. On March 5, 2021, defense counsel reviewed Dr. Yang's fee schedule, showing an hourly rate of $3,000 for depositions for a minimum of one hour. Dr. Yang agreed to charge $2,000 per hou...

Excerpt: ...On December 9, 2020, the Court dismissed the action pursuant to Plaintiff's oral request. On April 23, 2021, Plaintiff filed a motion to seal records. Plaintiff filed an addendum and additional papers on May 20, 2021. No opposition has been filed. PARTY'S REQUEST Plaintiff moves for a court order redacting and/or sealing exhibits filed with the motions to quash filed on April 30, 2020 and September 11, 2020, the declarations in support of the opp...

Excerpt: ...roperty – California Government Code sections 830, et seq.; (2) premises liability – dangerous condition; (3) premises liability – negligence; (4) negligence – liability under Government Code section 815.2(a); (5) negligent maintenance; (6) negligent inspection & supervision; (7) vicarious liability for the act or omission of a contractor – California Government Code sections 815.4, et seq.; (8) negligence of professional engineer; (9) ...

Excerpt: ...and Pacific Gateway, Ltd. (collectively, “Defendants”) alleging negligence, premises liability, and liability for dangerous condition of public property per Government Code, section 835 (“Complaint”). As alleged in her Complaint, Plaintiff sustained serious injuries during an incident involving an electrically- powered bicycle/scooter in San Diego County. The incident at issue in this lawsuit occurred on April 16, 2019 in the vicinity of ...

Excerpt: ...ndance at deposition Though Defendant properly served the motion, the motion remains unopposed. Trial is set for August 10, 2021. PARTY'S REQUESTS Defendant moves to compel Plaintiff to attend a deposition either on June 4, 2021 or on a mutually convenient date and time, within 10 days of the Court's order. Defendant also requests sanctions against Plaintiff in the amount of $760, to be paid within 20 days of the Court's order. The motion and req...

Excerpt: ...22, 2021, Plaintiff filed a First Amended Complaint. On April 16, 2021, Defendants filed a motion to strike. Plaintiff filed an opposition on May 11, 2021. Defendants filed a reply on May 17, 2021. Trial is set for August 3, 2022. PARTY'S REQUEST Defendants move for a court order striking paragraph 32 from the First Amended Complaint. LEGAL STANDARD Any party, within the time allowed to respond to a pleading may serve and file a notice of motion ...

Excerpt: ...ael David Arbanas for Doe 1. On February 18, 2021, the Court granted Defendants' ex parte application to continue trial and continued the trial from April 19, 2021 to June 30, 2021. On April 28, 2021, Defendants David Arbanas and Michael Arbanas (collectively “Defendants”) filed a motion to continue trial. On April 29, 2021, the Court denied Defendants' ex parte application to continue trial. Trial is set for June 30, 2021. PARTY'S REQUEST De...

Excerpt: ...ylvia Esmeralda Dorado (“Petitioner Dorado”). On December 22, 2020, the Court granted Respondent Alliance's discovery motions, ordered Petitioner Dorado to serve verified responses to form interrogatories, deemed the matters in Respondent's request for admissions as admitted against Petitioner Dorado, and ordered Petitioner Dorado to attend a deposition. Petitioner Dorado was also ordered to pay $850.00 in sanctions. On April 20, 2021, Respon...

Excerpt: ...l of Defendant Centinela Hospital. Plaintiff alleges he suffered loss of use and disfigurement of his right ankle because Defendants clamped his right leg down with a metal or leather device too loosely as to permit his leg and ankle to continue twitching and turning within the clamp, causing penetration of the flesh and resulting in an infection and permanent scarring. On March 19, 2021, the Court granted Defendant Yadegar's motion to compel res...

Excerpt: ..., premises liability, and negligence. The complaint arises from a trip-and-fall that occurred on July 30, 2018. On October 21, 2019, Defendant/Cross-Complainant City of Los Angeles filed a cross- complaint against Defendant/Cross-Defendant Avis Budget Group, Inc. and Cross-Defendant AT&T, seeking indemnification, apportionment, and declaratory relief. On December 13, 2019, Defendant/Cross-Complainant City of Los Angeles filed a First Amended Cros...

Excerpt: ...nt Felicia Costa filed a cross- complaint against Cross-Defendant Femi Isijola seeking indemnity, contribution, apportionment, and declaratory relief. On March 13, 2020, Defendant/Cross-Complainant Felicia Costa filed an amendment to her cross-complaint to rename Moe 1 as Cross-Defendant Estate of Pedro Campos. On December 11, 2020, Proposed Intervenor James River Insurance Company (“Proposed Intervenor”) filed a motion for leave to file an a...

Excerpt: ...t Sales, Marketing & Distribution Co. (collectively “Abbott”), Raymond Schaerf, M.D., and DOES 1 through 20. The complaint alleges several theories of products liability, including negligence, failure to warn, and manufacturing defects, along with breach of implied warranty, negligence as to Defendant Dr. Schaerf, and wrongful death and survival actions. The complaint arises out of Philip Garey's death, allegedly caused by his malfunctioning ...

Excerpt: ...serts that Reveles was the negligent party. In 20STCV04308, Victor Reveles filed a complaint against Cirria Miramontes and DOES 1 through 25 on February 3, 2020. The complaint alleged personal injury and negligence following a motor vehicle collision that occurred on September 8, 2018. Reveles asserts that Miramontes was the negligent party. On April 12, 2021, the court reviewed the Notices of Related Cases filed in the above cases. The Court fou...

Excerpt: ...ublic property, (2) violation of mandatory statutory duty, (3) general negligence, and (4) premises liability. Plaintiff alleges he was injured when he fell while walking over an uneven and unsafe sidewalk on September 8, 2019. On April 19, 2021, Defendants St. Andrew Catholic School and Archdiocese of Los Angeles Education & Welfare Corporation (collectively “Defendants”) filed a motion for an order granting leave to file cross-complaint. No...

Excerpt: ...iation under the care of a foster parent on September 4, 2018. On December 20, 2019, Plaintiffs filed a first amended complaint. On March 6, 2020, Plaintiffs filed a second amended complaint (“SAC”). On December 14, 2020, Plaintiffs substituted Defendant Alpha Treatment Centers dba Alpha Adoption Centers (“Defendant”) for Doe 2. On April 13, 2021, Ramirez filed the instant a motion to quash a deposition subpoena issued by Defendant to non...

Excerpt: ...n of the California Evidence Code arising from a surgery occurring on March 31, 2019. On July 15, 2020, Plaintiff filed her first Amended Complaint alleging only professional negligence and medical malpractice arising from the surgery. Defendants filed their Answer to the First Amended Complaint on July 21, 2020. On December 31, 2020, Plaintiff filed the present Motion for Leave to File a Second Amended Complaint (“SAC”) to allege four additi...

Excerpt: ...lleged malpractice following an unsuccessful surgery on December 3, 2019. Plaintiff's cause of action is described as medical malpractice. Defendant Navid Hakimian, M.D. was served by substituted service on March 10, 2021. Defendant Cedars Sinai Marina Del Rey was served by substituted service on March 15, 2021. Finally, Defendant Beachwood was served by substituted service on March 10, 2021. Defendant Cantaloupe Holdings, LLC d/b/a Beachwood Pos...

Excerpt: ...llege motor vehicle negligence and general negligence. The complaint arises from a motor vehicle accident that occurred on June 06, 2018. On February 23, 2021, Defendant Lyft, Inc. filed a motion to seal pursuant to California Rules of Court, rule 2.550 and NBC Subsidiary (KNBCTC), Inc. v. Superior Court (1999) 20 Cal.4th 1178. Trial is set for November 8, 2021. PARTY'S REQUEST Defendant Lyft, Inc. (“Moving Defendant”) requests that the Court...

Excerpt: ...n personal injury and loss of consortium following a vehicle collision. On November 12, 2020, counsel for Plaintiffs and Defendants Xerox Business, Mr. Copy, and Samuel Montalvo (“Defendants”) stipulated to advance the trial date from January 6, 2021 to June 9, 2021. Defendants filed the instant Motion to Continue Trial Date on May 7, 2021. Plaintiffs did not file opposition papers. Trial is currently set for June 9, 2021. PARTY'S REQUESTS De...

Excerpt: ...04 (“Premises”). On February 9, 2021, Defendant filed a motion for summary judgment pursuant to California Code of Civil Procedure section 473c. Plaintiff opposes. Trial is set for August 18, 2021. PARTY'S REQUESTS Defendant moves for summary judgment on grounds that there is no triable issue of material fact regarding the breach of any duty by Defendant. First, Defendant exercised reasonable care in conducting reasonable inspections and main...

Excerpt: .... The Complaint stems from Defendants' alleged failure in determining that Plaintiff had a right maxillary sinus fungal ball. On March 9, 2021, Kim and SCENT (collectively, “Moving Defendants”) filed a motion for summary judgment. Trial is set for September 7, 2021. PARTY'S REQUESTS Moving Defendants move the Court to enter judgment in their favor and against Plaintiff. Moving Defendants make their motion on grounds that Plaintiff's Complaint...

Excerpt: ...intiff to trip over a pothole and injured herself near 1111 W. Burbank Boulevard and 1010 N. Mariposa Street in Burbank, California. On March 29, 2021, Defendant Burbank filed a demurrer pursuant to California Code of Civil Procedure §§ 430.10(e) and (f). A trial setting conference is set for May 17, 2021. PARTY'S REQUEST Defendant Burbank asks the Court to sustain its demurrer to the Complaint because both causes of action are uncertain and fa...

Excerpt: ...eges that Defendants caused a motor vehicle accident with Plaintiff. On November 25, 2020, Defendants filed the instant motion to compel deposition of a non-party witness pursuant to Code of Civil Procedure § 1987.1. Trial is set for July 29, 2021. PARTY'S REQUEST Defendants requests the Court to compel non-party witness Alex Petit to appear for and testify at his deposition at a time and on a date specified by the Court. LEGAL STANDARD A party ...

Excerpt: ...laint alleged that Defendant David Massie caused a motor vehicle collision that led to the death of Alexa Chambers and that Defendant Juanita Massie and the Doe Defendants negligently entrusted Defendant David with the vehicle. On February 19, 2020, Plaintiffs' process server personally served the Summons and Complaint upon Defendant Juanita Massie, and Defendant Juanita Lucia Massie filed an Answer on March 20, 2020. (Lee Decl., ¶ 2; Exhibit A,...

Excerpt: ...rdena) (“Hospital”) for medical negligence/medical malpractice. On September 8, 2020, Zubair was dismissed without prejudice. On March 1, 2021, Hospital filed a motion for summary judgment. The motion is scheduled to be heard on October 1, 2021. Trial is set for August 2, 2021. PARTY'S REQUESTS Hospital moves to specially set the hearing date for its motion for summary judgment within the 30-day motion cut-off before trial, or, in the alterna...

Excerpt: ...ce Company (“Mendota”) insures Defendants Stephen Murillo and Felipe Murillo (“Defendants”). Mendota filed the instant Motion to Intervene on April 22, 2021. Trial is set for September 29, 2021. PARTY'S REQUESTS Mendota requests leave to intervene in this case to protect its interests under California Code of Civil Procedure section 387. LEGAL STANDARD The California Code of Civil Procedure section 387 subsection (d)(1) provides that the ...

Excerpt: ...k of adequate supervision by Defendant. On February 24, 2021, Defendant filed a motion for summary judgment. Plaintiff filed opposition papers on April 28, 2021. Defendant filed reply papers on May 7, 2021. Trial is set for August 25, 2021. PARTY'S REQUEST Defendant moves for summary judgment in its favor and against Plaintiff on grounds that Plaintiff cannot establish Defendant's purported breach of duty to supervise was a substantial factor in ...

Excerpt: ...2020 as a result of a trip and fall on a “dangerous uplift and uneven sidewalk” located at or near 2714 Wabash Ave. in the City of Los Angeles. (Complaint, ¶ ¶ 9, 13.) The Complaint further alleges the subject location was a dangerous condition. (Complaint, p.4:19.) Based on the alleged trip and fall, Plaintiff has pled the following two causes of action against defendant City of Los Angeles (“Defendant City”), and County of Los Angeles...

Excerpt: ... truck vs. bicycle accident that allegedly occurred on September 30, 2019. On August 3, 2020, Plaintiff filed a First Amended Complaint. On April 9, 2021, Defendant Jimenez filed a motion to strike portions of Plaintiff's First Amended Complaint. No opposition has been filed. Trial is set for January 27, 2022. PARTY'S REQUEST Defendant Jimenez moves for a court order striking the punitive damages allegations contained in Plaintiff's First Amended...

Excerpt: ...r Guardian Ad Litem, Ivar Brogger (“Plaintiff”) filed a Complaint alleging causes of action for (1) strict product liability, (2) breach of implied warranty, (3) negligent misrepresentation, (4) negligence, (5) medical malpractice, and (6) negligent infliction of emotional distress against Joie Russo, D.O., Jonathan Whitfield, M.D., Providence Tarzana Medical Center, Providence Health & Services, and Thrifty Payless, Inc. dba Rite Aid Corpora...

Excerpt: ...intiff's right to take the deposition of Defendant's experts. All other discovery is cut-off. On April 12, 2021, Defendant filed a motion to reopen discovery and motion cut-off and from relief to allow Defendant to conduct expert discovery or, in the alternative, to prevent Plaintiff from calling her experts at trial. Plaintiff opposes. Trial is set for May 6, 2022. PARTY'S REQUESTS Defendant moves for an order to reopen motion cut-off dates to a...

Excerpt: ...la Denise Wilson. Defendant Marella Denise Wilson (“Defendant”) moves the Court to continue trial to March 2022. Trial is currently set for August 6, 2021. PARTY'S REQUESTS Defendant moves the Court to continue trial because there is still critical discovery that needs to be completed. LEGAL STANDARD Although continuances of trials are disfavored, each request for a continuance must be¿considered on its own merits.¿ (CRC Rule 3.1332(c).)¿ ...

Excerpt: ...atment rendered on May 17, 2017. On December 11, 2018, the Court dismissed Defendants Ali Msair, M.D., Olcay Aksoy, M.D., and Ramin Assadi, M.D. without prejudice. On January 21, 2020, Plaintiff filed an amendment to her complaint to rename Doe 1 as Defendant Abbott Laboratories, Inc. (“Defendant Abbott”). On March 25, 2020, Plaintiff filed a first amended complaint to allege medical malpractice, negligence, and products liability. On October...

Excerpt: ...d on November 14, 2018. On March 1, 2021, Defendant filed a demurrer and a motion to strike portions of the Complaint. Trial is set for May 19, 2022 PARTY'S REQUESTS Defendant asks the Court to sustain Defendant's demurrer to Plaintiffs' complaint because it is barred by the statute of limitations, insufficient facts have been alleged to state a cause of action, and it is uncertain. Defendant also asks the Court to strike Plaintiffs' prayer for p...

Excerpt: ...Defendants Los Angeles Downtown Medical Center (“Medical Center”) and County of Los Angeles (“County”) for negligence/gross negligence and abuse/neglect of dependent adult. On April 2, 2021, County filed a demurrer and motion to strike the FAC. Only the second cause of action for abuse/neglect of a dependent adult is brought against County. Though Plaintiff was properly served, Plaintiff failed to oppose the demurrer and motion to strike....

Excerpt: ...he was being transferred, along with her minor niece, in a Los Angeles Fire Department ambulance to the hospital. While en route to the hospital, the ambulance that Plaintiff was in was involved in a collision with another motor vehicle. PARTY'S REQUESTS Defendant City of Los Angeles (“Defendant”) asks the Court to sustain Defendant's demurrer to Plaintiffs' complaint because no common law claims for medical malpractice may be brought against...

Excerpt: ...ly Agency) (“Homes of Hope”) for negligence and strict liability. The Complaint alleges that on August 9, 2013, Plaintiff was placed into a DCFS foster child program under the oversight and supervision of Homes of Hope. That same day, Plaintiff was placed with foster parents. The foster parents left Plaintiff with a babysitter. The foster family's pit bull viciously attacked and mauled Plaintiff while she was unsupervised. On March 5, 2021, H...

Excerpt: ... Blackthorne Avenue, Long Beach, Plaintiff was attached and bitten by Defendants' Malinois dog named Oakley. Plaintiff further alleges that Defendants were aware/knew/or should have known that Oakley had an unusually dangerous tendency and nature. In addition to alleging causes of action against Defendants for negligence and premises liability, Plaintiff alleges that Defendants are strictly liable to Plaintiff under Civil Code Section 3342. On Oc...

Excerpt: ...0, 2020, Plaintiff filed an amendment to complaint, substituting in GS II, Inc. for Doe 1. On November 30, 2020, Plaintiff filed an amendment to complaint, substituting in Oscar Quintanilla for Doe 2. On April 6, 2021, Plaintiff filed a motion to compel a further premises inspection. Defendant GS II, Inc. (“Defendant”) filed an opposition on April 22, 2021. Plaintiff filed a reply on April 28, 2021. Trial is set for February 4, 2022. PARTY'S ...

Excerpt: ... (“Motorcycle”). On May 1, 2017, Palombo, negligently caused her Honda Civic (“Civic”) to collide with the Motorcycle on Sunset Blvd. in West Hollywood, CA. The Motorcycle was destroyed, and Geico was obligated to and did pay. Geico's rights were subrogated to that of Fantasia, and Geico is entitled to recover from Palombo. B. Related Cases / Fantasia Matter On April 19, 2021, the Court found Case BC689708 (“Fantasia Matter”) and the ...

Excerpt: ... the complaint arising from vehicle vs. pedestrian incident that occurred on March 3, 2017. On February 9, 2021 Petitioner Romero Edgardo Santos filed a petition to approve a compromise of claim or action on behalf of Claimant Joseph Edgar Young. A trial setting conference is set for June 23, 2021. An Order to Show Cause Re: Dismissal (Settlement) is scheduled for February 01, 2022. PARTY'S REQUEST Petitioner Romero Edgardo Santos (“Petitioner�...

Excerpt: ...orly maintained and inadequate, and that sudden braking caused the strap to slide forward, leading Plaintiff to fall into a sharp brochure box and injure her arm. On October 6, 2020, Plaintiff filed a first amended complaint (“FAC”) which includes additional causes of action for (2) negligent hiring and supervision, (3) dangerous condition of public property, and (4) design defect. Plaintiff's FAC that the bus driver's sudden braking contribu...

Excerpt: ...and Does 1 through 30 for (1) breach of implied warranty of habitability, (2) negligent hiring and supervision, (3) negligence, (4) premises liability, and (5) intentional infliction of emotional distress. Plaintiff alleges she entered into a lease agreement with Defendant Baruch Ha Shem, LLC on or about August 2018 to lease the apartment located at 9705 ½ South Grandee Avenue in Los Angeles, California. Plaintiff alleges Defendants have not mai...

Excerpt: ...Robert Fritz was riding his bicycle northbound on the San Gabriel bike lanes in Baldwin Park, California. Plaintiff alleges that he observed a group of bicyclists riding southbound in Plaintiff's direction at a high rate of speed, taking up both lanes of traffic. Plaintiff alleges that he reduced the speed of his bicycle and yelled warnings to the oncoming, speeding bicyclists. Plaintiff alleges that the oncoming bicyclists, which included Defend...

Excerpt: ...nts”) for negligence arising from a motor vehicle accident that allegedly occurred on August 2, 2017. On November 18, 2020, Defendants filed motions to compel Plaintiffs to appear and produce documents at deposition. No oppositions have been filed. Trial is set for July 23, 2021. PARTY'S REQUEST Defendants move for court orders compelling Plaintiffs to appear for depositions and produce documents at the depositions as set forth in the August 17...

Excerpt: ...urred on October 30, 2018. On February 26, 2021, the Court granted Defendant's motion to compel Plaintiff's deposition and ordered Plaintiff to comply with the sixth amended deposition notice served on Plaintiff on December 7, 2020 within twenty days of the ruling. The Court also ordered Plaintiff to pay monetary sanctions in the amount of $650.00. On March 22, 2021, Defendant filed a motion for terminating sanctions, or in the alternative, issue...

Excerpt: ...ember 19, 2020, Proposed Intervenor Continental Insurance Company (“Proposed Intervenor”) filed a motion for leave to intervene. No opposition has been filed. Trial is set for November 23, 2021. PARTY'S REQUEST Proposed Intervenor Continental Insurance Company seeks leave to intervene in this action on grounds that it has a direct interest in this litigation as the insurer for Defendant Medresponse, Inc. (erroneously sued as Medresponse Trans...

Excerpt: ...eda Avenue, Glendale, California (the “Subject Property”). Plaintiffs Roubin Vartanianmalha and Diana Karimianmasihi resided in Unit A on the Subject Property. Plaintiffs allege that Defendant Sevak Alexandri owned, occupied, rented, leased, managed, maintained, supervised, and/or controlled the Subject Property. Plaintiffs allege that due to Defendant's acts and/or omissions, Plaintiffs' property and persons were damaged. Plaintiffs filed th...