Excerpt: ...Thereafter, Plaintiff added Samuel Khacheryan dba Brads Carpets and True Word (“Khacheryan”) as a defendant on October 8, 2020 On March 19, 2021, Plaintiff filed her motion to quash subpoenas for Sandra Arroyo PsyD pursuant to Code of Civil Procedure §§ 1985.3 and 1987.1. Trial is set for June 17, 2021 PARTY'S REQUESTS Plaintiff requests that the Court to quash or in the alternative issue a protective order in response to Khacheryan's subpo...

Excerpt: ...f actions: (1) civil assault; (2) civil battery; (3) intentional infliction of emotional distress; (4) negligent infliction of emotional distress; (5) negligent; (6) Uniform Fraudulent Transfer Act of 1978; (7) common law fraudulent transfer; and (8) conspiracy. On December 21, 2019, Plaintiff served the summons and complaint by substitute service on Defendant Wendy Lyn Semkus (“Semkus”), and thereafter, the documents were mailed on December ...

Excerpt: ...rt approved an amendment to the complaint to rename Defendant Ricardo D. Amezquita Velasquez as Defendant Ricardo D. Amezquita Velazquez (“Defendant”). On March 12, 2021, Defendant filed two motions to quash deposition subpoenas pursuant to California Code of Civil Procedure section 1987.1. Trial is set for July 23, 2021. PARTY'S REQUESTS Defendant asks the Court to quash two deposition subpoenas Plaintiff issued to Alliance United Insurance ...

Excerpt: ...bility in the complaint arising from a trip-and-fall that occurred on March 11, 2019. On November 13, 2020, Defendant County of Los Angeles filed a motion for summary judgment pursuant to California Code of Civil Procedure section 437c. Trial is set for February 3, 2022. PARTY'S REQUEST Defendant COLA asks the Court to grant summary judgment against Plaintiff and in Defendant COLA's favor for three reasons. First, Defendant COLA is immune from Pl...

Excerpt: ... filed a motion for summary judgment pursuant to California Code of Civil Procedure section 437c. On September 28, 2020, the Court denied Defendant's motion for summary judgment filed on December 23, 2019. On January 25, 2021, Defendant filed a second motion for summary judgment pursuant to California Code of Civil Procedure section 437c. Trial is set for October 19, 2021. PARTY'S REQUEST Defendant asks the Court to enter summary judgment in its ...

Excerpt: ...omplaint against Cross- Defendant Seth Pergament. On September 26, 2018, Defendants filed an amendment to their cross- complaint to name Plaintiff Reid. On September 9, 2020, Plaintiff Reid filed a motion for determination of a good faith sett lement pursuant to California Code of Civil Procedure section 877.6. On February 17, 2021, the Court continued the hearing on Plaintiff Reid's motion filed on September 9, 2020 to April 8, 2021. On March 15...

Excerpt: ...ined after a slip-and-fall on December 7, 2019. On September 9, 2020, Plaintiffs filed a first amended complaint (“FAC”). On March 3, 2021, Plaintiffs filed a second amended complaint (“SAC”) alleging premises liability, willful misconduct, wrongful death, and a survival action. On March 11, 2021, Defendants filed a motion to strike portions of the SAC pursuant to California Code of Civil Procedure sections 435 and 436. On March 11, 2021,...

Excerpt: ...tium in the complaint arising from an automobile collision that occurred on June 23, 2016. On November 5, 2020, Plaintiffs filed a motion for leave to file a first amended complaint (“FAC”) to allege addit ional causes of action pursuant to California Code of Civil Procedure section 473, subdivision (a) (1). Trial is set for December 8, 2021. PARTIES' REQUESTS Plaintiffs Nicollette Birdsong Wilson and Cedric Lamont Wilson asks the Court for l...

Excerpt: ...intiff alleges negligence in the complaint arising from an automobile collision that occurred on November 1, 2016. On October 9, 2020, Defendants Majin and Ho filed motions to compel responses to Form Interrogatories, Special Interrogatories, and Request for Production (All Set One) pursuant to California Code of Civil Procedure sections 2030.290 and 2031.300. Trial is set for December 20, 2021. PARTIES' REQUESTS Defendants Majin and Ho ask the C...

Excerpt: ...018. On July 23, 2019, Defendant/Cross-Complainant John T. Hayden filed a cross-complaint against Cross-Defendant Consolidated Property Services, Inc. seeking indemnification, appointment, and declaratory relief. On August 22, 2019, Plaintiff filed an amendment to her complaint to rename Doe 1 as Cross-Defendant/Defendant Consolidated Property Services, Inc. On March 1, 2021, Cross-Defendant/Defendant Consolidated Property Services, Inc. filed a ...

Excerpt: ... 29, 2020, the Court granted Defendant's motion to compel responses to request for production and conditionally granted Defendant's motions to compel responses to form interrogatories and special interrogatories. The Court also ordered Plaintiff to pay monetary sanctions. On December 21, 2020, Defendant filed a motion for terminating sanctions pursuant to California Code of Civil Procedure section 2023.030. On January 28, 2021, the Court continue...

Excerpt: ...n the freeway and sustain injuries. On October 14, 2020, Plaintiffs filed a first amended complaint and, in part, named Bayerische Motorenwerke AG as a defendant. On March 3, 2021, Bayerische Motoren Werke Aktiengesellschaft (“BMW AG”) filed a motion to quash pursuant to California Code of Civil procedure section 418.10. Trial is set for August 25, 2021. PARTY'S REQUEST BMW AG asks the Court to quash the service of summons on BMW AG because P...

Excerpt: ...on for summary judgment pursuant to California Code of Civil Procedure section 437c. Trial is set for June 30, 2021. PARTY'S REQUEST Defendant asks the Court to grant summary judgment against Plaintiff and in Defendant's favor because the rolling chair Plaintiff fell from was not a dangerous condition, any dangerousness was open and obvious, and Defendant did not cause Plaintiff's harm. OBJECTIONS Defendant objects to Phillip Rosescu, P.E., M.S.,...

Excerpt: ...motor vehicle negligence in the complaint arising from a bicycle-automobile collision that occurred on June 20, 2019. On January 4, 2021, Defendant Gablanyan filed a motion for summary judgment pursuant to California Code of Civil Procedure section 437c. Trial is set for October 21, 2021. PARTY'S REQUEST Defendant Gablanyan asks the Court to enter summary judgment in his favor and against Plaintiff because he did not owe a duty to Plaintiff or br...

Excerpt: ...n to compel against Defendant James Barros. On February 18, 2021, Plaintiff filed a motion for sanctions pursuant to California Code of Civil Procedure sections 2030.300, subdivision (e) and 2031.310, subdivision (i). Trial is set for December 15, 2021. PARTY'S REQUESTS Plaintiff asks the Court impose terminating or, alternatively, issue or evidence sanctions against Defendant James Barros for failing to comply with the Court's June 26, 2020 orde...

Excerpt: ...rom an automobile collision that occurred on September 23, 2018. On October 7, 2020, Plaintiffs filed a first amended complaint (“FAC”). On February 22, 2021, Defendant filed a motion to strike pursuant to California Code of Civil Procedure section 435. Trial is set for April 1, 2022. PARTY'S REQUEST Defendant asks the Court to strike Plaintiffs' prayer for punitive damages and Plaintiffs' Exemplary Damages Attachment because insufficient fac...

Excerpt: ... surgery performed on June 3, 2019. On December 18, 2020, Defendant Yadegar filed a motion to compel Plaintiff's responses to Special Interrogatories (Set One) pursuant to California Code of Civil Procedure section 2030.290. Trial is set for October 25, 2021. PARTY'S REQUESTS Defendant Yadegar asks the Court to compel Plaintiff to serve verified responses without objections to Special Interrogatories (Set One). Defendant Yadegar also asks the Cou...

Excerpt: ... liability, assault, battery, and negligent hiring, retention and supervision in the complaint arising from an altercation that occurred on January 19, 2018. On June 4, 2019, Plaintiff filed a first amended complaint. On December 29, Defendant Terrones filed a motion for summary judgment or, alternatively, summary adjudication pursuant to California Code of Civil Procedure section 437c. Trial is set for October 6, 2021. PARTY'S REQUESTS Defendant...

Excerpt: ...al and motor vehicle negligence arising from an automobile collision that occurred on January 29, 2016. On January 25, 2021, the Wilkinson Defendants filed a motion to dismiss pursuant to California Code of Civil Procedure section 583.420 and a motion to quash pursuant to 415.20. Trial is set for April 7, 2022. PARTIES' REQUESTS The Wilkinson Defendants ask the Court to dismiss Plaintiffs action because Plaintiffs waited nearly three years to ser...

Excerpt: ...n that occurred on November 2, 2017. On February 18, 2021, Defendant filed a motion to compel responses to Form Interrogatories, Special Interrogatories, and Request for Production (All Set One) pursuant to California Code of Civil Procedure sections 2030.290 and 2031.300. Trial is set for April 16, 2021. PARTY'S REQUESTS Defendant asks the Court to compel Plaintiff's verified responses to Form Interrogatories, Special Interrogatories, and Reques...

Excerpt: ...2021, Plaintiff filed a motion for trial preference pursuant to California Code of Civil Procedure section 36. Trial is set for April 5, 2022. PARTY'S REQUEST Plaintiff asks the Court to set a preferential trial date because Plaintiff is ninety years old and has debilitating injuries. LEGAL STANDARD California Code of Civil Procedure section 36 states, in relevant part: “(a) A party to a civil action who is over 70 years of age may petition the...

Excerpt: ...017. On May 18, 2020, Defendant Grothe filed a motion for summary judgment pursuant to California Code of Civil Procedure section 437c. Trial is set for September 3, 2021. PARTY'S REQUEST Defendants Grothe asks the Court to grant its motion for summary judgment because Plaintiffs were injured while working for a subcontractor Defendant Grothe had hired. OBJECTIONS Plaintiffs' objections are OVERRULED. Defendant Grothe's objections are OVERRULED. ...

Excerpt: ...ional, Inc., and Maggiano's Inc. dba Maggiano's Little Italy. Plaintiffs allege strict products liability, breach of warranty, negligence, and negligence per se arising from an incident where Plaintiff Moore became ill after eating the defendants' food on September 17, 2016. On December 23, 2020, Defendant Brinker Restaurant Corporation filed a motion for summary judgment or, alternatively, summary adjudication pursuant to California Code of Civi...

Excerpt: ...nt filed a motion for motion for summary judgment pursuant to California Code of Civil Procedure section 437c. Trial is set for August 11, 2021. PARTY'S REQUEST Defendant asks the Court to grant summary judgment against Plaintiff and in Defendant's favor because Defendant did create or have notice of the dangerous condition Plaintiff fell from. OBJECTIONS The Court declines to rule on Defendant's objections because the Court does not rely on the ...

Excerpt: ...fendant Davila filed a motion to compel Plaintiff's deposition pursuant to California Code of Civil Procedure section 2025.450. Trial is set for May 7, 2021. PARTY'S REQUESTS Defendant Davila asks the Court to compel Plaintiff's deposition because Plaintiff refused to appear for her deposition. Defendant Davila also asks the Court to impose $1,260.00 in monetary sanctions against Plaintiff and Plaintiff's counsel of record for their abuse of the ...

Excerpt: ...cycle collision that occurred on January 21, 2020. On April 7, 2020, Plaintiffs Josephina Ramos Camacho and Ernest Albert Camacho (“Pla intiffs”) filed a first amended complaint due to the death of Plaintiff Gilbert Camacho (“Deceden t”). On May 1, 2020, Plaintiffs filed a second amended complaint. On January 19, 2021, Defendants filed a motion to compel two third-parties to release Decedent's mental health records. On February 24, 2021, ...

Excerpt: ...on to quash two deposition subpoenas pursuant to California Code of Civil Procedure section 1987.1. Trial is set for August 12, 2021. PARTIES' REQUESTS Plaintiff asks the Court to quash two deposition subpoenas Defendant issued to Veteran Affairs Greater Los Angeles Health Care System. Plaintiff also asks the Court to impose $1,660.00 in monetary sanctions against Defendant and his counsel of record for their abuse of the discovery process. LEGAL...

Excerpt: ...nce, assault, and battery arising from an altercation that occ urred on July 15, 2018. On January 21, 2021, Defendant Osko filed a demurrer to the complaint pursuant to Calif ornia Code of Civil Procedure section 430.10. Also on January 21, 2021, Defendant Osko filed a motion to strike portions of the compla int pursuant to California Code of Civil Procedure section 435. Two orders to show cause are scheduled for March 18, 2021. PARTY'S REQUESTS ...

Excerpt: ...surance Services for (1) assault, (2) battery, (3) intentional infliction of emotional distress, (4) general negligence, and (5) negligent hiring, training, supervision and retention. Plaintiff alleges that, on November 30, 2018, he and his girlfriend stayed at a motel owned, managed, and controlled by Defendants Motel 6 Operating L.P.; G6 Hospitality LLC; G6 Hospitality Property LLC; G6 Hospitality Real Estate LLC; The Blackstone Group Inc.; Hol...

Excerpt: ...1, Defendant filed a motion to strike pursuant to California Code of Civil Procedure section 435, subdivision (b). Trial is set for June 9, 2022. PARTY'S REQUEST Defendant asks the Court to strike punitive damages from the complaint because Plaintiff has not alleged sufficient facts to ask for punitive damages. LEGAL STANDARD Meet and Confer Requirement California Code of Civil Procedure section 435.5 requires that, before filing a motion to stri...

Excerpt: ... Plaintiffs Josephina Ramos Camacho and Ernest Albert Camacho (“Plaintiffs”) filed a first amended complaint due to the death of Plaintiff Gilbert Camacho (“Decedent”). On May 1, 2020, Plaintiffs filed a second amended complaint. On January 25, 2021, Plaintiffs filed a motion to quash pursuant to California Code of Civil Procedure section 1987.1. Trial is set for August 9, 2021. PARTY'S REQUESTS Plaintiffs asks the Court to quash a deposi...

Excerpt: ...ured motorist benefits and named Defendant State Farm Mutual Automobile Insurance Company (erroneously sued as State Farm Insurance Company) (“Defendant State Farm”). On December 28, 2020, Defendant State Farm filed a motion to compel arbitration pursuant to California Code of Civil Procedure section 1281.2. Trial is set for June 23, 2021. PARTY'S REQUESTS Defendant State Farm asks the Court to compel Plaintiff to engage in arbitration of som...

Excerpt: ...laint to rename Doe 1 as Defendant Uber Technologies, Inc., Doe 2 as Defendant Raiser-CA, LLC, Doe 3 as Defendant Raiser, LLC, and Doe 4 as Defendant Wilfredo Dominguez. On October 14, 2020, Plaintiff filed a notice of errata indicating Defendant Technologies, Inc. should have replaced Doe 11, Defendant Raiser-CA LLC should have replaced Doe 12, and Defendant Raiser, LL should have replaced Doe 13. On January 21, 2021, Defendants Defendant Uber T...

Excerpt: ...ability in the complaint for injuries sustained while using heavy dumbbells on November 28, 2018. On July 20, 2020, Defendant BBC Holdings filed a motion for summary judgment pursuant to California Code of Civil Procedure section 437c. Trial is set for September 16, 2021. PARTY'S REQUEST Defendant BBC Holdings asks the Court to grant summary judgment against Plaintiff because (1) Plaintiff assumed the risk, (2) Plaintiff signed an express release...

Excerpt: ...On July 27, 2020, Plaintiff filed an amendment to his complaint to rename Doe 1 as Defendant FedEx Ground Package System, Inc. On September 15, 2020, the Court dismissed Defendant FedEx Corporation without prejudice. On October 6, 2020, Plaintiff filed amendments to his complaint to rename Doe 2 as Defendant Abad P&D Services, Doe 3 as Defendant CPR Home Solutions Inc., and Doe 4 as Defendant Raylx Capital, Inc. On December 10, 2020, Defendants C...

Excerpt: ...arising from deficient treatment rendered between May 18, 2017 and December 19, 2017. On November 17, 2020, Plaintiff filed a first amended complaint (“FAC”) to allege additional causes of action for a breach of fiduciary duty and negligent infliction of emotional distress. On January 4, 2021, Defendants Guanche and SCOI filed a demurrer to the FAC pursuant to pursuant to California Code of Civil Procedure section 430.10. Also on January 4, 2...

Excerpt: ...ty and negligence arising from a slip-and-fall that occurred on March 4, 2018. On January 4, 2021, Defendant filed a motion for sanctions pursuant to California Code of Civil Procedure section 128.7. On January 5, 2021, the Court granted judgment in favor of Defendant and against Plaintiff after sustaining Defendant's demurrer to Plaintiff's complaint without leave to amend. On January 15, 2021, the Court dismissed the action without prejudice. P...

Excerpt: ...n August 26, 2020, Defendant Najjar filed a motion to compel Plaintiff's deposition pursuant to California Code of Civil Procedure section 2025.450. Trial is set for September 3, 2021. PARTY'S REQUESTS Defendant Najjar asks the Court to compel Plaintiff's appearance and testimony at a deposition because Plaintiff failed to appear at an August 25, 2020 deposition. Defendant Najjar also asks the Court to impose $5,000.00 against Plaintiff and Plain...

Excerpt: ..., 2020, Plaintiff filed an amendment to his complaint to rename Doe 1 as Defendant FedEx Ground Package System, Inc. On September 15, 2020, the Court dismissed Defendant FedEx Corporation without prejudice. On October 6, 2020, Plaintiff filed amendments to his complaint to rename Doe 2 as Defendant Abad P&D Services, Doe 3 as Defendant CPR Home Solutions Inc., and Doe 4 as Defendant Raylx Capital, Inc. On December 14, 2020, Defendant 2nd Marketin...

Excerpt: ...t's motions to compel responses from Plaintiff and ordered Plaintiff to serve responses to form interrogatories, special interrogatories, and request for production of documents. The Court also ordered Plaintiff to pay monetary sanctions in the amount of $550.00. On November 20, 2020, Defendant filed a motion for terminating sanctions. No opposition has been filed. Trial is set for May 13, 2021. PARTY'S REQUEST Defendant requests that this Court ...

Excerpt: ... 2020, the Court dismissed Plaintiff's complaint because no one appeared at trial and no party nor counsel communicated with the Court regarding the lack of appearances. On June 30, 2020, the Court granted Plaintiff's motion to vacate the dismissal. On September 30, 2020, Plaintiff Marcelo Monroy filed a motion for an order nunc pro tunc amending the filing date of the complaint to August 8, 2018. Specially appearing Defendant Kimberly Delgado fi...

Excerpt: ...here Plaintiff fell from an unsecured wheelchair on a train on November 19, 2018. On July 24, 2020, Plaintiff filed a first amended complaint. On September 28, 2020, Defendant LACMTA filed a demurrer pursuant to California Code of Civil Procedure section 430.10 and a motion to strike pursuant to California Code of Civil Procedure section 435. On November 12, 2020, Plaintiff filed a second amended complaint (“SAC”) alleging causes of action fo...

Excerpt: ...July 18, 2019, Plaintiff dismissed Defendant Target Corporation (“Defendant”) without prejudice. On November 20, 2019, Plaintiff's counsel, David Azizi and Arthur Djougourian, filed a notice to reinstate Defendant. On January 21, 2020, Plaintiff filed an amendment to the complaint, naming Defendant as Doe 2. On February 21, 2020, Defendant filed a demurrer to Plaintiff's Amended Complaint on grounds that it fails to state a cause of action be...

Excerpt: ...rra, Rafael Lemus, and Koko Chande for partial indemnity and declaratory relief. On May 4, 2018, Plaintiff filed amendments to complaint, substituting in Maria Del Carmen Ibarra Meza, Rafael Antonio Lemas, and Michelle Latricia Mooney for Does 1, 2, and 3, respectively. On June 1, 2018, dismissal of the complaint was entered as to Defendant City of Gardena. On October 18, 2018, Plaintiff filed an amendment to complaint, substituting in Koko Beris...

Excerpt: ...unitive damages and the exemplary damages attachment. To state a claim for punitive damages under Civil Code section 3294, a plaintiff must allege specific facts showing that the defendant has been guilty of malice, oppression or fraud. (Smith v. Superior Court (1992) 10 Cal. App. 4th 1033, 1042.) The basis for punitive damages must be pled with specificity; conclusory allegations devoid of any factual assertions are insufficient. (Id.) A motion ...

Excerpt: ...6, 2018. On September 8, 2020, Defendant filed the instant motion to compel Plaintiff to submit to a second physical examination by an ankle specialist who specializes in foot and ankle injuries. Plaintiff opposes and Defendant filed a reply. A trial setting conference is set for May 27, 2021. PARTY'S REQUEST Defendant asks the Court to compel Plaintiff to appear for a specialized orthopedic independent medical examination because Plaintiff is cl...

Excerpt: ...onal distress, and negligence per se in the complaint for an altercation that occurred on December 23, 2018. On June 10, 2019, Defendant/Cross-Complainant M'Dears Bakery & Bistro, LLC filed a cross-complaint against Cross-Defendant Larry Hester seeking implied indemnity, equitable indemnity, total contribution, and comparative contribution. On October 1, 2020, dismissal of the complaint was entered as to Defendants Kelton Shug, Marissa Shug, and ...

Excerpt: .... On September 9, 2020, Plaintiffs filed the operative first amended complaint (“FAC”) against Demurring Defendants alleging premises liability, negligence, negligence per se, willful misconduct, wrongful death, and survival action. Based on the FAC, these claims arise from a slip-and-fall that occurred on December 7, 2019, on the premises located at 3719 Kelton Avenue, Los Angeles, CA 90035 (“Premises”). The FAC further alleges that Plai...

Excerpt: ...020, Defendant filed motions to compel discovery responses and for an order deeming the truth of facts and genuineness of documents admitted. No oppositions have been filed. Trial is set for June 21, 2021. PARTY'S REQUEST Defendant seeks court orders compelling Plaintiff to serve verified responses to Form Interrogatories, Special Interrogatories, Requests for Production, and Requests for Admission (all Set One) and deeming the truth of the matte...

Excerpt: ...ntry of the order. On November 13, 2020, Plaintiff filed a motion for reconsideration of the Court's October 29, 2020 order pursuant to Code of Civil Procedure section 1008. On January 20, 2021, Defendant filed his opposition to the motion. On January 22, 2021, Plaintiff filed the declarations of Barry S. Zelner and Plaintiff Trini Yeager, but no reply memorandum. PARTY'S REQUEST Plaintiff asks the Court to reconsider the Court's October 29, 2020...