Excerpt: ...Family Trust, Sandeep Zaveri Trustee, G.G. Painting Co. (“G.G. Painting”), Seung Moo Han (“Han”), and Myong Nok Lee (“Lee”) for premises liability and negligence. The complaint alleges, “Defendant and each of them so carelessly recklessly negligently and unlawfully owned, operated, managed, maintained, cleaned, built, designed, inspected and repaired the premises located at 1241 W. 19th Street Long Beach, California, so as to create...

Excerpt: ...al and as co-trustee of the Coria Family Trust, dated April 28, 2018 (the “Trust”); and Jose S. Coria (“Jose”) (collectively, “Defendants”), as an individual and as co-trustee of the Trust for damages arising from a motor vehicle vs. pedestrian accident. The complaint alleges claims of negligence and negligence per se against Defendants. Defendants now demur to the complaint arguing it fails to plead any facts or liability against the...

Excerpt: ... Ryan Maltzman (“Maltzman”) for injuries arising out of a motorcycle vs. automobile accident. On 1/24/20, Maltzman served subpoenas on Cedars-Sinai Medical Center (“Cedars”), the Department of Health Care Services (“DHCS”), and Mohammed Rezvani, M.D. (“Dr. Rezvani”) requesting Plaintiff's medical records. Plaintiff now moves to quash the subject subpoenas. The moving, opposition and reply papers for each motion are largely identic...

Excerpt: ...ascencia (erroneously sued as Kemberley Michelle Plascencia) (“Defendant”) for damages arising from a motor vehicle accident. The complaint includes an exemplary damages attachment and alleges Defendant willfully and knowingly consumed great quantities of alcoholic beverages before driving her vehicle and causing the accident with Plaintiff. Defendant now moves to strike the punitive damages. 2. Motion to Strike a. Moving Argument Defendant c...

Excerpt: ...), Socorro Cobarruvias, alleged in his first amended complaint that in or about September 2015, he was sexually assaulted at Los Angeles Unified School District's (“LAUSD”) 232nd Place Elementary School while attending defendant Harbor Area Gang Alternative Program's (“Defendant” or “HAGAP”) after-school program. Plaintiff alleges he was sexually assaulted by two boys in the LAUSD bathroom, and that the after-school program supervisor...

Excerpt: ...dants”) for damages arising out of a motor vehicle accident. Defendants now move for summary adjudication of Plaintiff's bodily injury claims. Defendants asserted affirmative defenses in their Second Amended Answer filed on 7/23/20. (Stip. to Amend Answer filed 7/23/20.) 2. Motion for Summary Adjudication a. Parties' Positions Defendants contend that after the subject accident, Plaintiff entered into an oral settlement agreement with Defendants...

Excerpt: ...ant”) for damages arising from a motor vehicle accident. Defendant previously filed motions to compel responses to form interrogatories, special interrogatories, and request for production of documents against Plaintiff. On 12/7/20, the court granted Defendant's unopposed motions and ordered Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Plaintiff now moves for reconsideration of the court's 12/7/20...

Excerpt: ...una Salvador (“Salvador”) and Joseph E. Sperling, Jr. (“Sperling”) (collectively, “Defendants”) on 9/11/19, for damages arising from a motor vehicle accident. On 11/19/19, Plaintiff filed proofs of service of summons and showing Salvador was personally served on 10/1/19, and Sperling was served by substituted service on 10/24/19, by leaving copies of the summons and complaint with Salvador. On 11/20/19, Plaintiff obtained Salvador's d...

Excerpt: ...nc. (“Inter Stone”) and Luigi Interlandi (“Luigi”) for injuries Plaintiff sustained when acetone ignited and exploded near Plaintiff. Plaintiff was in the scope of his employment with Defendants when the incident occurred. The incident allegedly occurred on 8/23/16, and Plaintiff filed the complaint on 5/2/17. On 5/15/17, Plaintiff filed Amendment to Complaints naming Marina Interlandi (“Marina”) (collectively, with Luigi, the “Inte...

Excerpt: ...nts, Federal Express Corporation and Enrico Arenas (“Defendants”) for damages arising from a motor vehicle accident. Plaintiff alleges that Defendants negligently caused the subject collision. It is undisputed that on the date of the accident, Plaintiff did not have insurance coverage for his vehicle involved in the collision. Thus, Plaintiff's vehicle was not insured as required by the financial responsibility laws of the state of California...

Excerpt: ...is action against Defendant, Benny's Tacos & Rotisserie/Santa Monica, LLC (“Defendant”) for damages arising from a slip and fall at Benny's premises on 1/22/17. The complaint alleges Defendant negligently maintained its property so as to cause Plaintiff to fall on its slippery front concrete porch on a rainy day. Plaintiff, at this time, moves for sanctions against Defendant for spoliation of evidence based on Defendant's alleged failure to p...

Excerpt: ... LT, and Flavio Sauceda Duran (“Duran”), et al. for damages arising out of an automobile accident. At this time, United Financial Casualty Company (“United”) moves for leave to intervene in the case, contending its insured, Duran, cannot be located. 2. Evidentiary Objections Plaintiff, in opposition, filed four objections to the declaration of Tseng attached to the motion. Objections 1-4 are overruled as the declarant asserts personal kno...

Excerpt: ...vely, “Plaintiffs”) filed this action against Defendants, William J. Ciccotti and Quanta Utility Engineering Services Inc. for damages arising from a motor vehicle accident. The complaint alleges causes of action for motor vehicle and general negligence. On 11/18/20, Defendant Quanta Utility Engineering Services Inc. (“Quanta”) filed its answer to the complaint, which contains a general denial and 15 affirmative defenses. Plaintiffs now d...

Excerpt: ...Plaintiffs”) filed this action against Defendants Christina Washington (“Washington”), Enterprise Rent A Car (“Enterprise”), and EAN Holdings, Inc. for damages arising from a motor vehicle accident. At this time, Defendants Washington and Enterprise (collectively, “Defendants”) seek to file a cross-complaint against Plaintiff Mejia for equitable indemnity, contribution and declaratory relief. 2. Motion for Leave to File Cross-Compla...

Excerpt: ...of an automobile accident. Plaintiff filed the complaint on 6/4/19. On 5/7/20, Plaintiff filed proof of service of the summons and complaint showing Defendant was served by substituted service on 3/12/20. On 5/11/20, Plaintiff obtained Defendant's default. 2. Motion to Set Aside Default Defendant now moves to set aside the default arguing it was the result of mistake, inadvertence surprise or the neglect of Defendant's counsel. Defendant provides...

Excerpt: ...”) and EAN Holdings LLC for damages arising out of an automobile accident. At this time, Empire Fire and Marine Insurance Company (“Empire”) moves for leave to intervene in the case, contending there is significant evidence that its insured, Dardov, worked in collaboration with Plaintiff to orchestrate the subject accident with fraudulent intent. Empire argues that recently obtained evidence supports its position that the accident was stage...

Excerpt: ...ainst Defendants O.H. Casey, Universal Waste Systems, Inc. and Petro Diamond Inc. alleging causes of action for premises liability, negligence and loss of consortium. The complaint alleges that Plaintiff John was on a job site located at Petro Diamond' Inc.'s (“PDI”) premises, and while there he used a portable toilet owned by O.H. Casey. Plaintiffs allege the toilet was negligently placed directly on a curbside where a user of the toilet cou...

Excerpt: ...nt”), et al. for premises liability and negligence on 2/07/18. Plaintiff filed the instant motions to compel responses to form interrogatories, set one, special interrogatories, set one, and request for production of documents, set one, and to deem request for admissions, set one, admitted on 4/14/20. On 4/24/20, the court set the hearing for Plaintiff's motion to compel responses to request for production of documents and motion to compel resp...

Excerpt: ...nder Altoma (“Altoma”) for damages arising from a motor vehicle accident. Plaintiff filed the complaint on 7/30/19. Lyft filed is answer on 10/21/19, and Altoma filed his answer on 11/27/19. Defendant Lyft now moves to continue the current trial date of 1/26/21 to 10/18/21. Altoma filed a Notice of Joinder to the motion, and Plaintiff opposes the motion. Although continuances of trials are disfavored, each request for a continuance must be co...

Excerpt: ...uez (“Rodriguez”) and Cynthia Caldera (“Caldera”) for damages arising from a three-vehicle accident. On 10/1/18, Caldera filed a cross-complaint against Rodriguez for indemnification and apportionment of fault. On 4/22/19, Rodriguez filed a cross-complaint against Caldera. Caldera, at this time, moves for terminating sanctions against Plaintiff, or alternatively, evidentiary and monetary sanctions. Caldera moves for terminating sanctions ...

Excerpt: ...nt”) for injuries arising from Plaintiff's fall on a public sidewalk while riding his skateboard. The complaint alleges that Plaintiff was riding his skateboard on the sidewalk when he was thrown off the skateboard because of the dangerous condition of an uneven sidewalk that was obstructed by a shadow from a large tree. The complaint alleges a cause of action for premises liability with counts of (1) negligence, (2) willful failure to warn, an...

Excerpt: ..., Leah Ellen Sherman (“Defendant”) for damages arising from a motorcycle vs. automobile accident. The complaint alleges a single cause of action for negligence against Defendant. On 11/2/20, Defendant filed an answer to the complaint. Defendant's answer asserts a general denial and 10 affirmative defenses. Plaintiff now demurs to Defendant's answer arguing that Defendant fails to allege any facts to support the defenses. In opposition, Defend...

Excerpt: ...is action against Defendant, Hacienda La Puente Unified School District (“HLPUSD”) and Does 1-100 for injuries minor Plaintiff sustained when his forehead made contact with a protruding metal screw. The complaint contains a single cause of action for negligence pursuant to Government Code § 835. On 11/17/20, Plaintiff filed an Amendment to Complaint naming Hyytinen Engineering, Inc. (“Hyytinen”) as Doe 4. Hyytinen now demurs to the compl...

Excerpt: ...ndant”) for damages arising from a motor vehicle accident. On 5/29/20, Plaintiff filed this motion to compel further responses to demand for production of documents, set two. The parties participated in an Informal Discovery Conference on 12/22/20; however, the issues were not resolved. (Min. Order 12/22/20.) Plaintiff now moves to compel further responses to his request for production of documents (“RPDs”), set two, No. 20, which demands "...

Excerpt: ...Tamisha Vaughner (“Plaintiff”) filed this action against Defendant Forest Park Village Homeowners Association, Inc. (“Defendant”) for damages arising from an automobile accident. On 6/30/20, Defendant filed the instant motion to deem the genuineness of the documents in request for admissions (“RFAs”), set one, admitted, and the motion to compel further responses to RFAs, set one, Nos. 2 and 3. The RFAs request: PLAINTIFF TAMINSHA VAUG...

Excerpt: ...t one, on Defendant Fereidoun Shafaghi (“Shafaghi”), and RFAs, set one, on Defendant Nika Limousine Service, LLC (“Nika Limousine”) on 11/6/19. Plaintiff provides that as of filing the motion, neither Defendant Shafaghi or Nika Limousine has served responses. Plaintiff therefore seeks an order deeming the RFAs admitted against each Defendant. On 12/14/20, Shafaghi and Nika Limousine (collectively, “Defendants”) each filed an oppositio...

Excerpt: ...omobile accident. Plaintiffs filed the action on 11/03/17. They filed proof of service of the summons and complaint on Defendant on 12/01/17. They filed proof of service of their statements of damages on Defendant on 10/15/19. On 10/16/19, the Clerk entered Defendant's default. On 11/21/19, the court set an Order to Show Cause Re: Dismissal for Failure to Enter Default Judgment (“OSC”), which was ultimately continued to 11/02/20. (Notice of C...

Excerpt: ...ourian (“Defendant”) for damages arising from a dog bite incident. The complaint alleges causes of action for (1) strict liability and (2) negligence. The complaint alleges that when Plaintiff was walking her dog, Defendant's dog attacked and bit Plaintiff and Plaintiff's, which caused the death of Plaintiff's dog and caused Plaintiff serious injury. The complaint includes a prayer for punitive damages. Defendant, at this time, moves to strik...

Excerpt: ...ty of Los Angeles (the ”City”) for damages arising out of Plaintiff's fall on a sidewalk. On 4/18/19, Plaintiff filed an Amendment to Complaint naming Anaheim Gardens Housing, LLC (“Anaheim Gardens”) as Doe 1. The complaint alleges Plaintiff tripped on a protruding piece of concrete from the sidewalk, which caused Plaintiff to fall and suffer injury. (Compl. ¿ 12.) Anaheim Gardens now moves for summary judgment Plaintiff. 2. Motion for S...

Excerpt: ...�Tito”), Leticia Ayala (“Leticia”), and Mercury Insurance Group, Inc. (“Mercury”) for damages arising from a motor-vehicle accident. The complaint alleges causes of action for motor vehicle and general negligence. The complaint alleges Tito negligently collided with Plaintiff's vehicle. Mercury now demurs to the complaint. Concerning Mercury, the complaint alleges, “[Mercury] are liable to [Plaintiff] because they hold an insurance po...

Excerpt: ...altzman served subpoenas on Cedars-Sinai Medical Center (“Cedars”) and the Department of Health Care Services (“DHCS”) requesting Plaintiff's medical records. Plaintiff now moves to quash the subject subpoenas. 2. Motions to Quash Deposition Subpoenas Maltzman's deposition subpoena for production of business records served on Cedars demands: Any and all documents and medical records, and all writings, including, but not limited to, all of...

Excerpt: ...automobile accident. Plaintiffs filed the complaint on 6/19/17. Defendant filed an answer on 7/20/18 and a cross-complaint against Geoff West on 11/08/18. West answered the cross-complaint and asserted his own cross-complaint against Imatomi on 12/28/18. In October of 2019, West and Imatomi each dismissed their cross-complaints, leaving only the main action pending. The case was scheduled for an FSC on 11/20/19 and trial on 12/02/19. No party app...

Excerpt: ..., and Natali Lopez for damages arising from a motor vehicle accident. On 3/8/19, Defendant, Timm Reese (“Reese”) filed a cross-complaint against Nicholas Dominguez (“Dominguez “) and Natali Lopez (“Lopez”) arguing the subject accident was caused by them. Reese filed a motion to compel Dominguez's deposition on 4/1/20. On 8/13/20, the court granted the motion to compel Dominguez's deposition and Ordered Dominguez to make himself availa...

Excerpt: ...ainst Defendant, Los Angeles County Metropolitan Transportation Authority (“Defendant”) for injuries Plaintiff sustained when Plaintiff was riding Defendant's bus and a door closed on Plaintiff's right hand. Plaintiff served Defendant with Plaintiff's form interrogatories, special interrogatories, request for admissions (“RFAs”), and request for production of documents (“RPDs”), sets one, on 3/19/20. Defendant asserts it served respon...

Excerpt: ...”), erroneously sued as Motel 6, for premises liability. Defendant propounded form interrogatories and requests for production of document on Plaintiff on 4/29/19. After Plaintiff failed to respond to the discovery, Defendant filed a motion to compel the relevant discovery, which the court granted on 12/19/19. The court ordered Plaintiff to respond to the discovery without objections and imposed monetary sanctions of $1,220 against Plaintiff. (...

Excerpt: ...(“Lee”), erroneously sued and served as Andre Myong S. Lee, D.D.S., and Top West Tower Implant Center, Inc. for dental negligence. Plaintiff alleges Lee she underwent restorative care with Lee, consisting of dental implants and an implant supported bridge. Defendant Lee now move for summary judgment. 2. Motion a. Moving Argument Lee argues he is are entitled to summary judgment because their evidence establishes his treatment of Plaintiff was...

Excerpt: ...filed this action against Defendant, Compton Unified School District (“CUSD”) for injuries related to a sexual assault while Plaintiff was a student at CUSD's school. On 1/28/19, Plaintiff filed her First Amended Complaint (“FAC”) adding Durham School Services, L.P. (“Durham”) as a defendant. The FAC alleges that in the summer of 2017, Plaintiff was a special needs student at CUSD's high school, and Plaintiff was transported to school...

Excerpt: ...GAL, Carina de la Cruz, (collectively, “Plaintiffs”) filed this action against Defendants, Robin Hill Gingold, Daniel Leigh Gingold, and Nicholas Gonzales arising out of the death of Decedent, Mario Hernandez Franco (“Decedent”). Decedent was working as a gardener for Gonzalez and was assigned to do work at the Gingolds' home. While on a ladder trimming a hedge, he fell and impaled himself on his trimming hedges, which resulted in his dea...

Excerpt: ...“Plaintiffs”) filed this action against Defendants Christina Washington (“Washington”), Enterprise Rent A Car (“Enterprise”), and EAN Holdings, Inc. for damages arising from a motor vehicle accident. At this time, Defendants Washington and Enterprise (collectively, “Defendants”) seek to file a cross-complaint against Plaintiff Mejia for equitable indemnity, contribution and declaratory relief. 2. Motion for Leave to File Cross-Com...

Excerpt: ...aggravated assault and battery. The complaint alleges Plaintiff “was beaten by 4 security guards because [Plaintiff] refused to give up [her] hospital wristband.” (Compl. at p. 3.) Defendant Robert Allen (“Allen”) now demurs to the complaint arguing the first cause of action for assault and the second cause of action for battery fail to state sufficient facts to constitute a claim against Allen. Further, Allen asserts that none of the exh...

Excerpt: ... Stern (“Stern”) and Teresa Mullin-Larsen (“Larsen”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. The complaint alleges that Plaintiff's permissive use driver, Tony Frazier, was driving Plaintiff's vehicle when Stern, who was driving without a valid driver's license, crashed into the rear of Plaintiff's vehicle. The complaint alleges Larsen is the owner or bailee of the owner of the vehicle Stern was...

Excerpt: ... Rubicon B Hacienda, LLC (“Rubicon”), Marriott International Inc. (“Marriot”), and Does 1 to 50 alleging causes of action for negligence and premises liability. The complaint alleges Plaintiff was injured while working on a construction project at Rubicon's premises. The basic undisputed facts are as follows: Rubicon is the owner of the property located at 525 North Sepulveda Blvd., El Segundo, CA 90245 (the “Premises”). (UMF 4.) On o...

Excerpt: ...les, Los Angeles Department of Water and Power, and Encore Construction, LLC (“Encore”) for damages relating to Plaintiff's trip and fall on a sidewalk. The complaint alleges causes of action for (1) premises liability against all defendants and (2) negligence against Encore. Encore now demurs to the complaint arguing the complaint fails to state a cause of action against it because the complaint merely pleads Encore owns the premises at or n...

Excerpt: ...ly, “Plaintiffs”) filed this action against Defendants, EPL Express, Inc, et al. for damages arising from a motor vehicle accident. The complaint alleges causes of action for motor vehicle negligence and loss of consortium. On 10/28/19, Plaintiffs filed an Amendment to Complaint naming Asendia USA, Inc. (“Asendia”) Doe 1. On 7/16/20, Defendants Asendia and Nick Bersaluce filed an answer to the complaint. Thereafter, on 7/28/20, Asendia fi...

Excerpt: ...action against Defendants, Luke Roofing, Inc. (“Luke Roofing”) and Guadalupe Jose Gutierrez (“Gutierrez”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. Defendants move for an order changing venue to Orange County Superior Court. 2. Motion to Change Venue a. Parties' Positions Defendants move to transfer venue to Orange County on the grounds that this is where the accident occurred, Gutierrez lives in ...

Excerpt: ...lle Plascencia (erroneously sued as Kemberley Michelle Plascencia) (“Defendant”) for damages arising from a motor vehicle accident. The complaint includes an exemplary damages attachment and alleges Defendant willfully and knowingly consumed great quantities of alcoholic beverages before driving her vehicle and causing the accident with Plaintiff. Defendant now moves to strike the punitive damages. 2. Motion to Strike a. Moving Argument Defen...

Excerpt: ...fornia Department of Transportation and City of Pasadena for damages arising from a trip and fall on a public sidewalk. On 7/23/18, Plaintiff filed the complaint with a single claim for negligence. Defendant City of Pasadena (the “City”) now demurs to the complaint arguing the City cannot be liable for a claim for general negligence as a matter of law. The City asserts it is a public entity, and thus, its alleged liability must be premised on...

Excerpt: ...Sunset, LLC, erroneously sued as Saddle Ranch Holdings, LLC, (“Defendant”) for injuries Plaintiff sustained while eating an artichoke dip at Defendant's business. On 8/20/20, Plaintiff filed her operative First Amended Complaint (“FAC”) alleging a single cause of action for negligence. The FAC alleges that as Plaintiff ate the artichoke dip she ordered, she felt discomfort in her throat, and that when Plaintiff looked closely at the dip, ...

Excerpt: ...Structural, Inc., et al. for damages arising from Plaintiff's fall from a balcony. Defendant Alpha Structural, Inc. (“Alpha”) now moves for an order requiring Plaintiff to file an undertaking in this action pursuant to CCP § 1030. Alpha asserts that Plaintiff has disclosed he is a resident of the state of South Carolina, and that there is a reasonable possibility it will obtain a judgment in its favor. 2. Motion to Require Plaintiff to File ...

Excerpt: ...i, M.D. and Cedars-Sinai Medical Center (collectively, “Defendants”) for wrongful death/medical malpractice. Plaintiff alleges Defendants were negligent in providing medical care to Plaintiff's wife, Molly Cope, and the negligence resulted in her death. During discovery, Plaintiff made clear that he alleges Defendants failed to recommend a follow-up colonoscopy, which colonoscopy would have led to an earlier diagnosis of her cancer; she ultim...