Excerpt: ...oration, Gary McElmurry (“Defendant”), Willie Curry-Barnes, and Greg Carter II arising from an August 1, 2018 slip and fall. Defendant moves to quash service of the summons and complaint on the grounds that Plaintiff did not establish a reasonable attempt to personally serve Defendant or show that Defendant took affirmative steps to evade or avoid service in order to justify resorting to substituted service. Defendant also argues that substit...

Excerpt: ...ther response and production of documents to Request for Production of Document, Set No. 3, Nos. 17-22 and for monetary sanctions in the amount of $1,520 against Plaintiff and counsel of record. On April 26, 2018, Plaintiff Sutha Sachar filed this action alleging that she was injured on October 8, 2017 when pictures on a display fell over, causing scrapes and lacerations. Defendant contends that Plaintiff is making loss of income claims of $50,00...

Excerpt: ...inst Susan Birney. “Motor Vehicle” and “General Negligence” are checked in Item 10 of the form Complaint but no attachments for these causes of action are included. Defendant moves for judgment on the pleadings as to Plaintiff on the grounds that Plaintiff's deemed admissions show that he cannot state facts sufficient to constitute a cause of action against her. II. LEGAL STANDARD “A motion for judgment on the pleadings performs the sam...

Excerpt: ...icle accident. On January 26, 2020, the Court issued a minute order ordering Plaintiff to serve verified responses without objections to Defendant's Form Interrogatories (Set One), Special Interrogatories (Set One), and Demand for Production of Documents (Set One) within 20 days. Plaintiff did not do so. Defendant now moves for terminating sanctions. Where a party fails to obey an order compelling answers to discovery, “the court may make those...

Excerpt: ...fs Frank J. Rios (“Mr. Rios”), Erika Susana Rios (“Mrs. Rios”), and Katelin Rios (“Katelin) filed this action (the “Rios Action”) against Defendants Glendora Unified School District (“Defendant”) and Ramin Khatab aka Jake Khatab Ramen (“Jake”). On March 27, 2019, Plaintiffs Nadia Nichols (“Ms. Nichols”) and Audrey Rodriguez- Uribe (“Audrey”) filed an action against Defendant and Jake, captioned Nichols v. Glendora Un...

Excerpt: ... February 6, 2020, Plaintiff Manijeh Mohebaliyan filed this action against defendants Yard House USA, Inc. (“Yard House”), Darden Concepts, Inc., Lemont Nicholson (“Nicholson”) and Logan Ward (“Ward”) for premises liability and general negligence. Plaintiff alleges that on January 25, 2020, she was a patron of the Yard House when she slipped and fell on a step located next to the restaurant's check-in deck. At issue in this Motion is ...

Excerpt: ...t Defendant City of Los Angeles (“Defendant”) and Aaron Jacob Koester arising from a July 9, 2019 auto accident that caused personal injuries and property damage. Defendant moves for judgment on the pleadings and argues Plaintiff's action should be dismissed because she failed to comply with the claims presentation requirements of Government Code section 945.4 and failed to petition for relief from such failure. II.LEGAL STANDARD¿ “A motio...

Excerpt: ...endant Martin Ibarra Alvarez arising from an August 31, 2019 motor vehicle accident. Plaintiff alleges causes of action for motor vehicle negligence and negligence per se and alleges that Defendant was intoxicated at the time of the accident. Defendant moves to strike portions of Plaintiff's complaint. II.Meet and Confer “Before filing a motion to strike . . . the moving party shall meet and confer in person or by telephone with the party who f...

Excerpt: ...LB Management, LLC, Park La Brea Management, and Crown Building Maintenance Co. Plaintiff asserts causes of action for negligence and premises liability arising from a December 27, 2017 trip and fall involving an uncovered trench/hole/fence/post. Defendants PLB Management, LLC and Crown Building Maintenance Co. (collectively, “Defendants”) filed this motion to compel Plaintiff to submit to two independent medical examinations on April 26, 202...

Excerpt: ...laintiff Jennifer Nations filed this action against Defendants Sergio Bahena Landscaping (erroneously sued as Sergio's Landscaping”), Hidden Falls Property Management, Farrow Property, Paul Ottosi (“Paul”), Linda Ottosi (“Linda”), Estate of Paul Ottosi (“Ottosi Estate”), Paul H. and Linda G. Ottosi Trust (erroneously sued as “P & L Living Trust”) (the “Ottosi Trust”), Hidden Falls Lancaster, LLC, and Hidden Falls, LLC. As of...

Excerpt: ...ents of the University of California (erroneously sued as “Joshua Cohen M.D. and UCLA Dept. of Obstetrics & Gynecology”) for medical malpractice arising from a December 22, 2015 surgery to remove an ovarian cyst. Plaintiff alleges that the surgery was negligently performed and she had pain and numbness after surgery. Joshua Cohen, M.D. (“Dr. Cohen”) stated that Plaintiff's body was still in recovery mode. Plaintiff's body recovered and by...

Excerpt: ...intiff Gricelda Soriano Dorado, individually and as the personal representative of Martin Dorado, Moises Dorado, Jesus Dorado, and Diego Dorado, filed this action against Ardis Lee Brown, Jr. (“Brown”), Avis Budget Group, Inc., PV Holding Corporation, and Avis Rent A Car System (collectively, Avis Budget Group, Inc., PV Holding Corp., and Avis Rent a Car system, LLC is referred to as “Moving Defendants”). Plaintiffs allege that on October...

Excerpt: ...�) filed this action against Defendant Dr. Peyman Sadat. Plaintiffs assert a claim for “medical malpractice” for a misdiagnosis, “neglenant [sic]”, “lies,” “hiding medical file”, “delay in treatment”, “fraud” and “not caring Doctor for his patients [sic].” Plaintiffs generally allege that “there are many wrong things that [Defendant] did and [Plaintiffs] have a lot of evidence to prove [Defendant] guilty.” Plaintif...

Excerpt: ...Ryan Kaplan, Margaret Kaplan, and Ryan Kaplan, Inc. (collectively, “Plaintiffs”) filed this action alleging motor vehicle negligence and negligence per se against Defendants Guillermo Oswaldo Cabrera (“Cabrera”), Intervention Services, Inc. (“Intervention Services”), Carousel Child Care, Inc. (“Carousel, Inc.”), Carousel Child Care Corporation (“Carousel, Corp.”), and Maria A. Davis f.k.a Maria A. Crisp (“Davis/Crisp”). Th...

Excerpt: ...ing from an October 8, 2019 car accident. On September 21, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”), which claims Plaintiff sustained loss of earnings and capacity. Plaintiff seeks to quash Defendants' subpoena to his employer, Long Beach City College (the “Subpoena”). The Subpoena requests: Any and all documents and records, including but not limited to, payroll, personnel, employment and wage records including...

Excerpt: ...1:30 p.m. March 26, 2021 I. INTRODUCTION On September 30, 2019, Plaintiff Elvia C. (“Plaintiff”) filed this action against Defendant Yang Ja Choi (“Ms. Choi”) and Premier Resources Hoover, Inc. asserting causes of action for: (1) sexual battery, (2) intentional infliction of emotional distress (“IIED”), (3) assault, (4) negligence, and (5) premises liability. On September 21, 2020, Plaintiff added Kyu Suk Choi (“Mr. Choi”) as a Do...

Excerpt: ...cle accident. Plaintiff alleges that Defendant ran a red light and collided into the side of her vehicle at high speed. Defendant moves to strike Plaintiff's request for punitive damages in Item 14a of the Complaint. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Cal. Civ. Proc. Code § 435 (b)(1).) The court may, upon a motion, or at any time in its disc...

Excerpt: ...and Vadim Olshansky arising from a July 11, 2018 motor vehicle accident. Plaintiff alleges Defendant was operating or otherwise distracted by a mobile device which warrants a punitive damages award. Defendant moves to strike Plaintiff's request for punitive damages. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Cal. Civ. Proc. Code § 435 (b)(1).) The co...

Excerpt: ...nd Daser Saguion Desahagun arising from a November 30, 2020 three-car accident. Plaintiff asserts a cause of action for negligence and requests punitive damages, alleging that she was rear-ended and that “[Defendants'] insurance companies are refusing to take responsibility to repair [her] car, pay for a rental car, and most likely refuse [sic] to pay for [her] medical bills.” (Compl., GN-1.) Defendant moves to strike Plaintiff's requests for...

Excerpt: ...Plaintiff”) and Saib Daoud (“Daoud”) (collectively, “Plaintiffs”) filed this action for medical malpractice and loss of consortium arising from a hysterectomy surgery. On November 26, 2019, Plaintiffs filed a First Amended Complaint (“FAC”). Defendant Myron Mariano, M.D. (“Defendant”) moves for summary judgment on the grounds that he complied with the standard of care in his care, he did not cause Plaintiff's injuries, and absen...

Excerpt: ... without a guardian ad litem against Defendants Los Angeles Unified School District (“LAUSD”) and Krishna Smith (“Smith”). Plaintiff asserts causes of action for negligence, assault, battery, false imprisonment, constitutional rights violation of 42 U.S.C. § 1983, negligent infliction of emotional distress, and intentional infliction of emotional distress. LAUSD demurs to each of these causes of action on the grounds that they fail to st...

Excerpt: ...aintiff George Perez filed this action against Defendant Brian Leigh Palmer arising from a May 31, 2017 motor vehicle accident. Plaintiff seeks an order compelling Defendant's further responses to Special Interrogatories (“SROGs”) (Set One) and Form Interrogatories (“FROGs”) (Set One). In opposition, Defendant argues that the Motions are time-barred because the moving and supporting papers were filed after the notice of motion. The Court ...

Excerpt: ...ool District (“Defendant”) arising from a motor vehicle collision. Defendant moves to compel Plaintiff's deposition and seeks monetary sanctions of $2,072.50. Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to test...

Excerpt: ...tor vehicle collision. Plaintiff moves for trial preference under Code of Civil Procedure section 36(a). A party who is over 70 years old may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) the party has a substantial interest in the action as a whole; and (2) the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the lit...

Excerpt: ...aintiff asserts a single cause of action and alleges that on July 16, 2017, she was injured when an assistant manager pushed a shopping cart full of merchandise into her. (Compl., GN-1.) Plaintiff alleges the employee should have been aware of her presence and negligently, carelessly, and recklessly inspected the premises and operated the shopping cart. On January 5, 2021, Defendant filed a motion for summary judgment. In the notice, Defendant se...

Excerpt: ...filed this action against Armando Aguilar (“Aguilar”) and A and A Trucking (collectively, “Defendants”) arising from an April 15, 2019 motor vehicle vs. truck collision. On August 5, 2020, Plaintiff named Lee Ramirez as Doe 1. On January 11, 2021, the Court granted Plaintiff's motion for leave to amend the complaint to add punitive damages against Defendants. On January 15, 2021, Plaintiff filed the operative First Amended Complaint. Defe...

Excerpt: ...enazi. Dr. Eskenazi is one of Plaintiff's retained medical experts and Plaintiff contends the subpoena violates the attorney work product doctrine and Plaintiff's right to privacy. A deposition subpoena may request (1) only the attendance and testimony of a deponent, (2) only the production of business records for copying, or (3) the attendance and testimony, as well as the production of business records. (Code Civ. Proc., § 2020.020.) The court...

Excerpt: ...The Maids”) and Morris Yadidi (“Yadidi”) (collectively, “Defendants”) for premises liability and negligence. Plaintiff alleges that on December 8, 2017, she slipped and fell on water or other similar substance while employed by Defendants and performing her duties as a maid. (Compl., ¶¶ 15-16.) Plaintiff moves for an order compelling Yadidi's deposition as well as the deposition of Marlene Alvarez (“Alvarez”), one of Yadidi's empl...

Excerpt: ...against defendant Moshe Wilker, M.D. for medical malpractice. Defendant seeks to quash Plaintiff's deposition subpoena to Jenny Guerrero (“Ms. Guerrero”), who is the office manager of Defendant's expert witness, Dr. Domenick Sisto, M.D. (“Dr. Sisto”). Ms. Guerrero was served on July 24, 2020 to appear for deposition on August 24, 2020. Defendant served an objection on August 3, 2020 and filed this Motion on August 19, 2020. A deposition s...

Excerpt: ...uccessor-in-interest for decedent Daniel Odoemelam (“Decedent”) filed this action for wrongful death- negligence/premises liability against Defendant Best Western International, Inc. (“Best Western”). On January 15, 2021, Plaintiff filed a First Amended Complaint (“FAC”). Defendant Hollywood Franklin Hotel and Restaurant Associates (“Hollywood Franklin Hotel”) was named as Doe 1 on January 19, 2021. Best Western and Hollywood Fran...

Excerpt: ... Hamm (“Defendant”) arising from an April 18, 2018 3-vehicle automobile collision. Defendant seeks an order setting a reasonable rate for the expert witness fees of Plaintiff's non-retained experts Vikram Singh, M.D., Neil S. Ghodadra, M.D., and Nitesh Patel, M.D. Defendant contends Plaintiff's experts' requested fee of $2,000 an hour is too high and that his own expert, Jeffrey Korchek, M.D. only charges $900 per hour. If a party desiring to...

Excerpt: ...ARBITRATION Dept. 27 8:30 a.m. March 5, 2021 I.INTRODUCTION On January 6, 2020, Plaintiff Toby Rachel Levin filed this action against Defendants Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., Kaiser Health Plan Asset Management, Inc., and Kaiser Hospital Asset Management, Inc. (collectively, “Defendants”). Plaintiff alleges that on January 15, 2019, Plaintiff was at the Kaiser Permanente hospital located at 1515 N. Vermont ...

Excerpt: ...iled this action for negligence and loss of consortium against Defendants Health Care Transport, Inc. dba Silver Medical Transportation (“Defendant”) and Anup Patel. Plaintiffs allege that on November 7, 2019, Defendant's employee, initially named as Defendant Doe 1 Driver, negligently loaded Plaintiff into Defendant's van to transport her from her retirement center to her dialysis appointment, causing her to be thrown from her wheelchair. (C...

Excerpt: ...Francis Medical Center (“Defendant”) alleging professional negligence and battery arising from a November 15, 2018 uterine biopsy. Defendant moves for summary judgment on the grounds that there exists no triable issue of material fact. The Motion is unopposed. II. FACTUAL BACKGROUND Plaintiff alleges that on November 15, 2018, she underwent a uterine biopsy at St. Francis Medical Center. (Defendant's Undisputed Material Fact (“UMF”) No. 2...

Excerpt: ...gainst defendants Francisco Javier Gonzalez and Calmet Servies, Inc. arising from a December 5, 2017 automobile accident. Plaintiff seeks to quash Defendants' subpoenas to Government Employee Insurance Company and Santa Fe Rehabilitation (for medical, billing, and radiological records). Defendants' subpoena to Government Employee Insurance Company requests: ““Any and all insurance claims, insurance policies, declaration pages, files, reports,...

Excerpt: ...“Defendant”) arising from a May 26, 2017 slip and fall. Defendant moves for summary judgment on the grounds that Plaintiff has admitted: (1) Defendant was in full compliance with all applicable building codes, rules, and ordinances on the date of the accident; (2) Defendant did not have actual or constructive knowledge of any dangerous or defective condition in the area where Plaintiff fell; (3) Defendant was not negligent; (4) Defendant did ...

Excerpt: ...a November 20, 2017 trip and fall. On June 23, 2020, the Court granted Defendant's motion to compel Plaintiff's responses to discovery requests and ordered Plaintiff to pay monetary sanctions within 20 days of the order. Defendant served a notice of ruling on June 25, 2020. Defense counsel states that Plaintiff has not served responses or paid monetary sanctions as ordered by the Court in its June 23, 2020 Minute Order. (Johnson Decl., ¶ 8.) On ...

Excerpt: ...both minors, by and through their Guardian ad litem, Arturo Jimenez filed this action against Defendant Michelin North America, Inc. (sued erroneously as Michelin Tire Company) arising from an April 26, 2017 car accident. Plaintiff alleges a tire manufactured by Defendant exploded when her boyfriend ran over “black chunks” on the freeway, causing her boyfriend to lose control of the vehicle. The vehicle rolled approximately 3 times and immedi...

Excerpt: ...gnity Health, and Roger Fontes, M.D. (“Dr. Fontes”) arising from a surgery involving the insertion of a radial head device into his arm and elbow. Plaintiff asserts causes of action against Defendant for strict liability, products liability, fraud, and breach of implied and express warranty. Plaintiff also asserts a cause of action for professional negligence against Dr. Fontes and Dignity Health. On January 8, 2021, Plaintiff filed the opera...

Excerpt: ...d for Production, Set One, and Form Interrogatory, Set One, No. 4.1. The parties attended an IDC on January 20, 2021. The issues were not resolved. Instead, the Court suggested that Defendant cite authority to support the argument that a risk pooling trust is not discoverable. However, Defendant's opposition brief did not cite any authority supporting its argument that it should not have to produce more than a declaration page because a risk pool...

Excerpt: ...N On April 4, 2018, Plaintiff Rosalina Tsakalis (“Plaintiff”) filed this action against Defendants Elizabeth Reserva, Bob Simon, Rebecca Simon, Eduardo Flores, and Helen Flores alleging the following causes of action: (1) negligence; (2) assault and battery; (3) intentional infliction of emotional distress; (4) negligent supervision; (5) premises liability; and (6) employer liability for injuries resulting from work place violence. Plaintiff ...

Excerpt: ...Mark Kranston Jones filed this action against Defendants Los Angeles County Development Authority (“Defendant”), City of West Hollywood, County of Los Angeles, and State of California alleging a dangerous condition of public property. Defendant demurs to the Complaint on the grounds that it fails to state facts sufficient to constitute a cause of action and is uncertain. Defendant also moves to strike several statutory references from the Com...

Excerpt: ...his action arising from an August 20, 2017 fall. Plaintiff alleges she sustained injuries after a wheelie cart fell and struck her. Plaintiff claims she developed pain to the lower back, right sacrum and right thigh to knee with numbness and tingling. Her alleged injuries consist of contusions of the right thigh and a sprain/strain of the right sacroiliac joint and lumbar spine with associated post trauma joint dysfunction, and the inability to s...

Excerpt: ..., Plaintiff Kenneth Allen Rogers filed this action against Defendants Omar Hernan Olave (“Defendant”), Thyssenkrupp Elevators, Inc., and Lease Plan U.S.A. arising from a February 19, 2019 motor vehicle collision. On January 6, 2021, Plaintiff served a notice of deposition of Defendant scheduled for January 21, 2021. (Plaintiff's Ex. 2.) No objections were served. But, on January 20, 2021, defense counsel's office requested a continuance of th...

Excerpt: ...s”) filed this action against Defendants Vikki Hurwitz (Hurwitz) and City of Culver City (“Defendant”) arising from a bicycle vs. bicycle collision on the Ballona Creek Bike Path. Plaintiff and Hurwitz collided into each other on the bike path, which Plaintiff claimed was a dangerous condition. Plaintiffs have reached a settlement with Defendant in exchange for a waiver of costs. Defendant now seeks a determination of good faith settlement ...

Excerpt: ...r y 23, 2021 On February 6, 2020, plaintiff Manijeh Mohebaliyan filed this action against defendants Yard House USA, Inc., Darden Concepts, Inc., Leon Nicholson, and Logan Ward (collectively, “Defendants”) for premises liability and negligence arising from a January 25, 2020 slip and fall on a step located next to a restaurant's check-in desk. Plaintiff testified that at the time of the incident, she was on her way to a blind date with an ind...

Excerpt: ...ion against Defendant FAA Beverly Hills, Inc. dba Beverly Hills BMW (“Defendant”) and Kiki Cholewka. Plaintiff alleges he brought his vehicle in for service because the steering wheel had been locking at speeds of 15-20 mph. Plaintiff left his car with Defendant to be serviced and when he picked it up, he was told that the steering issue was resolved and repaired. On March 28, 2017, Plaintiff was driving his vehicle when the steering wheel lo...

Excerpt: ...use Inc.”) for intentional tort and general negligence. Plaintiff alleges that one of Defendant's workers dumped chemicals onto the public sidewalk without warning while Plaintiff was walking on the sidewalk. (Compl., IT- 1.) Plaintiff alleges the chemicals fell on him and he suffered damages to his skin, clothing and emotional state. (Compl., GN-1.) Defendant moves to strike Plaintiff's request for punitive damages. Any party, within the time ...

Excerpt: ...ndant HP Investment Property LLC arising from an April 20, 2017 trip and fall over a parking wheel stop. Plaintiff died on April 20, 2019. Defendant moves for summary judgment on the grounds that the wheel stop was open and obvious, and compliant with the California Building Code. As Defendant filed this Motion on November 4, 2020, Defendant also argued that Plaintiff died and no personal representative has been appointed. However, on February 3,...

Excerpt: ...s Aldo Mayorga and Perla Johana Bonilla filed this action against Defendants Celco Construction Services, Inc. (erroneously and collectively sued as “Celco Construction Services Incorporated” and “Celco Construction Inc.”) (“Defendant”) and Victor Enrique Narvaez Ramirez arising from an October 23, 2019 motor vehicle collision. On January 8, 2021, Defendant filed an Answer asserting fourteen affirmative defenses. On January 19, 2021, ...