Excerpt: ...efendant”) and his medical corporation (collectively, “Defendants”) arising from treatment she received in March and April 2018 following a motor vehicle accident. She asserted causes of action for Medical Malpractice, Lack of Informed Consent, and Reckless Infliction of Emotional Distress. She alleges Defendant negligently performed pain management procedures on March 14, 2018 and April 18, 2018. She also claims that on April 18, 2018, Def...

Excerpt: ..., “Plaintiffs”) filed this action against defendants Darling's Flowers, Inc. (“Defendant”) and City of Los Angeles (“City”). Defendant moves for an order granting summary judgment on the grounds that it had no duty to maintain the sidewalk property, it did not breach any duty, and any act or omission did not cause Plaintiff's harm. Plaintiffs filed a notice of non-opposition. II.FACTUAL BACKGROUND Plaintiff alleges that on January 21,...

Excerpt: ...ntonio Seanez, Jr. (collectively, “Defendants”) for injuries sustained on June 26, 2018, when their pit bull allegedly attacked her while in the waiting room of a veterinary hospital. Plaintiff alleges the pit bull was “still under the exclusive control of its owner (who was holding its leash), prior to Defendants entering into any contract for services at the facility and prior to receiving any veterinary treatment at the facility.” (Com...

Excerpt: ...vehicles in a chain reaction of collisions. Plaintiff further alleges Defendant was “driving erratically, at an unsafe speed, inattentive, [sic] not maintaining a proper lookout at time of accident.” (Compl., ¶ 18.) On June 29, 2020, Defendant filed a motion to strike Plaintiff's punitive damages allegations in Paragraph 18, Plaintiff's request for prejudgment interest, and Plaintiff's request for punitive and exemplary damages. On October 1...

Excerpt: ...enpting to park her vehicle and then tried to drive away when Andres confronted her, resulting in Andres being dragged while he held onto Defendant's left-side back door of her car. On August 3, 2020, the Court ordered Plaintiffs to provide verified responses without objections to Defendant's written discovery. Defendant filed a notice of ruling on August 5, 2020, which stated that Margarita was ordered to respond to Defendant's Form Interrogator...

Excerpt: ...oe defendants 1 through 25. A third cause of action for general negligence names “Ariel Ann Glass” and describes the conduct of Doe 1, a bus driver who caused the automobile accident. Defendant demurs to the FAC on the grounds that no statutory basis of liability is stated. Defendant also argues that the causes of action for negligence and motor vehicle are duplicative. Separately, Defendant moves to strike allegations of vicarious liability ...

Excerpt: ...ine Rifkin (“Christine”) and Does 1 to 100 arising from a May 13, 2016 pedestrian vs. motor vehicle accident. On July 1, 2020, Plaintiff filed an amendment to the complaint identifying Maxx Rifkin (“Maxx”) as the correct defendant. Christine is Maxx's mother was not the driver or a passenger in the car at the time of the accident. Maxx moves to strike the Doe amendment on the grounds that the statute of limitations expired on two years ag...

Excerpt: ...On July 2, 2016, she slipped on the mat and sustained injuries.¿¿ On June 29, 2018, Plaintiff filed this action against defendants¿Telebrands¿Corp. (“Telebrands”),¿Bulbhead, Bulbhead.com, LLC (“Bulbhead.com”), and Polar Pooch for negligence, strict products liability (manufacturing defect), strict products liability (design defect), strict products liability (failure to warn), strict products liability (failure to adequately test), a...

Excerpt: ...a filed this action against Defendants Lyft, Inc. (“Defendant”) and Ricky A. Alvarez (“Alvarez”). Plaintiff alleges that on February 27, 2020, he was working as a driver for Defendant and accepted a ride request from Alvarez. Plaintiff alleges that during the ride, Alvarez repeatedly stabbed Plaintiff causing severe lacerations to his left hand and both legs. Plaintiff asserts 4 causes of action: (1) statutory liability for failure to pro...

Excerpt: ... [TENTATIVE] ORDER RE: DEFENDANTS SHIMA HADIDCHI AND ARASH MILANI'S DEMURRER TO PLAINTIFFS' COMPLAINT. Dept. 27 3:30 p.m. December 14, 2020 I.INTRODUCTION On August 3, 2020, Plaintiffs Vali Abdoli and Shala Abdoli (Shahla filed this wrongful death and survivor action against Defendants Shima Hadidchi (“Hadidchi”), Arash Milani (“Milani”), and Masoud Bitarafan (“Bitarafan”) arising from the death of Mohammad Abdoli (“Decedent”) on ...

Excerpt: ...s, Inc. dba Beverly Hills BMW (“Beverly Hills BMW”) and Kiki Cholewka (“Cholewka”) (collectively, “Defendants”) for negligence arising from services and repaired performed when he brought the vehicle in on March 1, 2017 and March 20, 2017. Plaintiff alleges he complained to Beverly Hills BMW that his vehicle's steering wheel had been locking up at certain times and asked Beverly Hills BMW to investigate and repair the issue. Plaintiff...

Excerpt: ...lectively, “Plaintiffs”) filed this action against Defendant Ideal Transit, Inc. Defendant moves to enforce a settlement agreement entered into between the parties on February 26, 2020. “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the...

Excerpt: ... and Does 1 through 5 (collectively, “Defendants”). Plaintiff alleges he was playing catch on April 3, 2019 on a grass field at Wilderness Park when his right foot and ankle fell into a sprinkler head hole. Plaintiff contends Defendants failed to maintain the grass and sprinkler head at Wilderness Park by allowing the deep sprinkler head hole to remain in place rather than to bring it level with or closer to ground level, allowing grass the g...

Excerpt: ...MOTION FOR SUMMARY JUDGMENT Dept. 27 2:30 p.m. December 14, 2020 I.INTRODUCTION On June 20, 2019, plaintiffs Lawrence Bright (“Plaintiff”) and Kathy Bright filed this medical malpractice action against defendant Peter Glieberman, M.D. (“Defendant”) arising from a hip replacement surgery performed on May 18, 2018. On August 9, 2019, Plaintiffs filed the operative First Amended Complaint in which Plaintiff alleges that during the course of ...

Excerpt: ...ngs arising from a March 28, 2020 motor vehicle accident. Plaintiff alleges Defendant made a left turn directly onto oncoming traffic and collided with Plaintiff, who was on a motorcycle. Defendant moves to strike Plaintiff's request for punitive damages from the Form Complaint and the Exemplary Damages Attachment on the grounds that punitive damages is not available for a motor vehicle negligence case. Any party, within the time allowed to respo...

Excerpt: ...ainst Defendants Tawny Lynn Lago and Nicholas Light for motor vehicle negligence and negligence per se arising from a February 1, 2019 motor vehicle collision. Defendants move to strike Plaintiffs' punitive damages allegations. The Motion is unopposed. 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 ...

Excerpt: ...action against Defendant Harbor Dispatch Transport, Inc. arising from an April 25, 2017 motor vehicle accident. On June 12, 2020, Defendant served 12 subpoenas requesting medical, radiology, and billing records from United Medical Imaging of Los Angeles – Downtown LA, United Medical Imaging, Inc./Billing – West LA, United Medical Imaging of Los Angeles/Radiology, Radnet, Inc. – Radnet, Radnet Inc./Billing, and Radnet Film Library. Each subp...

Excerpt: ...ant”), County of Los Angeles (“County”) and Wendy Braun (“Braun”) on August 9, 2019. Plaintiff alleges that on December 3, 2018, he was walking with a knee scooter at or near 1264 E. Appleton St., Long Beach when his knee scooter was caught in a crack and/or other defect in the sidewalk, causing him to fall and sustain injuries. Defendant moves for summary judgment on the Complaint on the ground that Plaintiff cannot establish it had ac...

Excerpt: ...n July 13, 2020, plaintiffs Joseph Doloboff (“Plaintiff”) and Elena Doloboff (“Elena”) (collectively, “Plaintiffs”) filed this action against defendants Mitchell Spirt, M.D. (“Dr. Spirt”), individually and dba Pinnacle Gastroenterology Medical Associates (“Pinnacle”), Cedars-Sinai Medical Center, and Cedars-Sinai Medical Group. Dr. Spirt and Pinnacle (collectively, “Defendants”) demur to the Second Cause of Action for Negl...

Excerpt: ...ichael Kach, D.D.S. (“Dr. Kach”) and other medical providers. The operative First Amended Complaint asserts causes of action for professional negligence, intentional concealment, and constructive fraud. Dr. Kach demurs to the Plaintiff's causes of action for intentional concealment and constructive fraud on the grounds that the FAC fails to state facts sufficient to constitute those two causes of action. The FAC alleges that on or about Novem...

Excerpt: ...his Guardian ad Litem, Rochelle Bryant (“Julian”), Rochelle Bryant (“Rochelle”), and Jerry Bryant (“Jerry”) (collectively, “Plaintiffs”) filed this action against the City of Pomona (“Pomona”) and Foothill Transit asserting a cause of action for premises liability on the counts of negligence, and dangerous condition of public property. Rochelle and Jerry are Julian's parents. Plaintiffs allege that on January 23, 2019, Julian ...

Excerpt: ...ce arising from a December 29, 2016 motor vehicle collision. Defendant filed his Answer on February 15, 2019. On February 12, 2020, Defendant sought leave to amend his answer to include a Twelfth Affirmative Defense of Accord and Satisfaction. On June 25, 2020, the court denied the motion without prejudice. On July 10, 2020, Defendant again filed a motion for leave to amend his answer to include a Twelfth Affirmative Defense of Accord and Satisfa...

Excerpt: ...MPLAINT BY DEFENDANT MICHAEL SINGLETON Dept. 27 3:30 p.m. December 09, 2020 I. BACKGROUND On June 11, 2020, Plaintiff Angel Moore (“Plaintiff”) filed this action against Defendants Dorothy Mae Medical Clinic, Inc. (“Clinic”) and Michael Singleton, M.D. (“Singleton”) for: (1) negligence, (2) negligent hiring, supervision, and retention of employee; (3) sexual battery and assault; (4) intentional infliction of emotional distress; and (5...

Excerpt: ...lly Beez USA, LLC (“Defendant”) for general negligence and premises liability arising from a slip and fall incident. On July 20, 2020, Defendant filed the instant motion for summary judgment. Plaintiff filed opposition papers on November 25, 2020. Defendant filed reply papers on December 4, 2020. II. FACTUAL BACKGROUND On January 14, 2018, Plaintiff and her family visited Defendant's indoor playground. (Defendant's Undisputed Material Facts (...

Excerpt: ...ber 9, 2020 I. INTRODUCTION On September 19 2019, plaintiff Alistair McMillan (“Plaintiff”) filed this action against Defendants Wheels Labs, Inc., dba Wheels Technologies, Inc. (“Defendant”), and Does 1 through 100 for (1) Strict Products Liability, (2) Breach of Warranty, and (3) Negligence, arising from a June 1, 2019 accident caused by an allegedly malfunctioning electric bike that Plaintiff rented. Plaintiff alleges that the bike inc...

Excerpt: ... a wrongful death action brought by the surviving parents of decedent, Yaya Lin. On March 11, 2019, Plaintiffs Hongbin Lin and Wenqin Chen filed a complaint against Defendant Selina Vai Yee Vong. Plaintiffs allege that Defendant “owned, operated, and/or employed the operator of the motor vehicle, and the operator so negligently and carelessly operated the motor vehicle that they breached their duty of care by failing to yield to and striking th...

Excerpt: ...O STRIKE PUNITIVE DAMAGES FROM PLAINTIFFS' FIRST AMENDED COMPLAINT Dept. 27 3:30 p.m. December 8, 2020 I. BACKGROUND This action arises from a motor vehicle collision in which Plaintiffs Linda Escobar, Saroun Sao, S.E., and T.E. allege to have been injured. On March 13, 2020, Plaintiffs filed a complaint against Defendants James Riley Lewis III and Keo Vanveasna. On May 4, 2020, Plaintiff amended the complaint to name The Estate of James Riley Le...

Excerpt: ... 8, 2020 I. BACKGROUND This action arises from a motor vehicle collision. On July 15, 2020, Plaintiffs Paul Barron and Alma Barron filed a complaint against Defendants Hailee Gene Kosmowski, Kambria Kaylee Duskin, Medcoast MedServices Inc. d/b/a Medcoast Ambulance Service, James Laurie Twaddell, Harris Ambulance LLC, Medcoast Employee Services LLC. TA Transport Holdings LLC, and Randy Snyder, Esq. On August 20, 2020, Plaintiffs amended the compla...

Excerpt: ... On July 3, 2019, Plaintiff Austin Wood, by and through his mother and Guardian Ad Litem, Pamela Wood filed a complaint against Defendants Charles Niesen, M.D.; AMS Neurology, Inc.; CVS/Pharmacy, Inc.; CVS Health; Ying Zhang, RPH; Hoang-Oanh B. Hu, RPH; Steven Mark Goldberg, M.D.; and Methodist Hospital of Southern California (“Defendant” or “Methodist Hospital”) for breach of medical and professional obligation. On September 1, 2020, Def...

Excerpt: ...ended Complaint (“FAC”) against Defendant Ayesha Mohammad (“Defendant”) for negligence. Plaintiff alleges she was involved in an automobile accident caused by Defendant who failed to yield the right of way. On July 10, 2020, Ace American Insurance Company (“Ace”) filed a motion for leave to intervene on Defendant's behalf. Plaintiff opposes. On July 10, 2020, Defendant filed a motion for reconsideration as to the Court's June 25, 2020...

Excerpt: ...n arises out of the Plaintiff's claim that he suffered personal injuries when he slipped and fell on a dangerous condition on premises owned or controlled by the Defendants. The premises are the Queen Mary in Long Beach. The dangerous condition was a room flooded due to consistent leaks when it rained. The Complaint includes the following causes of action: 1) Negligence under premises liability and Government Code sections 815.2, 815.4, and 820; ...

Excerpt: ...een injured. On July 24, 2020, Plaintiff filed a “First Amended Complaint” against Defendant Charles Monk, alleging a single cause of action for negligence. On August 26, 2020, Defendant filed an answer. On August 27, 2020, Plaintiff filed the subject demurrer to Defendant's answer. Defendant filed an opposition on November 20, 2020. A reply was not filed. II. DEMURRER STANDARD Code of Civil Procedure section 430.20 provides that a party may ...

Excerpt: ...egligence: premises liability arising from a slip and fall incident. On August 27, 2020, Defendant filed the instant demurrer to complaint. Plaintiff filed an opposition on November 23, 2020. Defendant filed a reply on December 1, 2020. II. LEGAL STANDARD A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc....

Excerpt: ...ultaariq Garba, by and through GAL Umar (collectively, “Plaintiffs”), filed their complaint against Defendants Foster Farms Inc. (“Foster Farms”) and Ralphs Supermarket Company (“Ralphs”) for: (1) negligence; (2) strict liability; (3) restitution; and (4) violation of California's Unfair Competition Law (“UCL”). Plaintiffs allege that they became sick after cooking and consuming chicken grown at Foster Farms' farm and purchased at...

Excerpt: ...dical malpractice action. On July 15, 2020, Plaintiff Brendan Tully filed a complaint against Defendants Mehryar Taban and Mehryar Taban MD Inc. for (1) medical malpractice, (2) fraudulent concealment, (3) negligence per se, and (4) intentional infliction of emotional distress. Plaintiff alleges that he received treatment from Dr. Taban for his proptosis, bulging eyes, and dry eye syndrome through bilateral orbital decompression, a surgery that s...

Excerpt: ...n March 5, 219, Plaintiff Felipe Sanchez filed a complaint against Defendants Glendale Adventist Medical Center dba Adventist Health Glendale (“Defendant” or “GAMC”) and Gevorg A. Mutafyan, M.D. for wrongful death-medical malpractice. On September 17, 2020, Defendant filed the instant motion for summary judgment. Plaintiff filed opposition papers on November 23, 2020. II. FACTUAL BACKGROUND On December 20, 2017, decedent Alexander Sanchez...

Excerpt: ...al injuries while falling down on the stairs of Defendant 7000 Romaine Holdings, LLC's (“Defendant”) commercial building located at 7000 Romaine Street, Los Angeles, California 90038 (the “Premises”). Plaintiff alleges that the Premises was not safe because there was a dangerous condition in the form of a handrail that did not comply with applicable codes, specifically that it was not high enough or continuous in the location of the trip ...

Excerpt: ...them to suffer personal injuries by selling them wine that was spoiled and contaminated. The First Amended Complaint includes the following causes of action: 1) Breach of Implied Warranty of Fit for Human Consumption; 2) Strict Liability; 3) Intentional Infliction of Emotional Distress; and 4) Unfair Business Practice under Business and Professions Code section 17200. The Defendant has now filed a motion to strike the claim for punitive damages i...

Excerpt: ...sley and the Estate of Karmala Beasley, by and through its successor in interest Amber Beasley (collectively “Plaintiffs”) filed this action against Defendants Cedars Sinai Medical Center (“CSMC”), Nicholas Nissen, M.D. (“Dr. Nissen”), Miguel A. Burch, M.D., David P. Magner, M.D., Vlad Nusinovich, M.D., and Carrie Allen. On April 17, 2019, Plaintiffs filed the operative Second Amended Complaint against Defendants for negligence/wrongf...

Excerpt: ...RODUCTION On March 28, 2017, Plaintiffs, Panayiotis Skordi and Despina Nicola, filed this action against Defendants, The Novo, Power Muse Productions, Goldenvoice, LLC, and AEG Live, LLC, to claim that the Defendants are liable for an attack by the Defendants' security guards on Payayiotis Skordi. His wife, Despina Vandi, claims she suffered emotional distress when she saw the attack. AEG Presents LA, LLC, which states that it was erroneously sue...

Excerpt: ...Yajaira Chavez (“Chavez”), Yadira Gomez (“Gomez”), Christina Parra (“Parra”), and Maria Delatorre (“Delatorre”) (collectively “Plaintiffs”) filed a complaint against Defendants Jessica Tucker (“Jessica” – referred to by first name to avoid confusion), Spencer Kimball Tucker (“Spencer” – referred to by first name to avoid confusion), and American Honda Motor Co., Inc. (“Honda”). The complaint alleges four causes...

Excerpt: ...h Plaintiff Shantye Lenae Jorge alleges to have been injured. On July 10, 2019, Plaintiff filed a complaint against Defendants Arturo Zamohano and Jessica Aguilar for (1) motor vehicle negligence, and (2) negligence per se. Defendants filed the subject motion to strike the prayer for punitive damages from the complaint. No opposition has been filed. II. DISCUSSION Any party, within the time allowed to respond to a pleading may serve and file a no...

Excerpt: ...T TO A FUNCTIONAL CAPACITY EXAMINATION BY JEFF BRUNO Dept. 27 1:30 p.m. December 3, 2020 I. BACKGROUND This action arises from plaintiff Ruben Aranda's fall through a church's roof on August 12, 2018. On September 6, 2018, Plaintiff filed this action against the church Defendant Southern California Conference of Seventh-Day Adventists (erroneously sued as Southern California Association of Seventh-Day Adventists) and Saul Aispuro for negligence. ...

Excerpt: ...rio Tiburcio Hernandez filed this action against defendant Sara Maria Garcia arising from a July 15, 2017 motor vehicle accident. On July 9, 2020, the Court granted Defendant's Motions to Compel Plaintiff's Responses to Defendant's Form Interrogatories, Set Two; Motion to Compel Plaintiff's Responses to Defendant's Form Interrogatories, Request for Production of Documents, Special Interrogatories, all Set One; and Motion for an Order Deeming the ...

Excerpt: ...rt, and negligent hiring against Defendant Uber Technologies, Inc. arising from an alleged incident on May 31, 2018. Plaintiff alleges he was struck by an unidentified driver and held against his will. Defendant moves to strike Plaintiff's punitive damages allegations. 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...

Excerpt: ... this case brought by Plaintiffs Mitchell Stephen Martin and Gemma Martin (the “Martin Action”), with the case captioned Flavio Arellano Aguirre, et al. v. Sixto Aguilera, et al. (Case No. 20STCV10693)(the “Aguirre Action”). The two actions arise out of the same March 31, 2018 7-automobile accident. The Martin Action and Aguirre Action name Sixto Aguilera, Alfredo A. Alvarez, and Alfredo Line Hauls as defendants; the Aguirre Action also n...

Excerpt: ...ua Redhouse and Jose Macias allege that on December 16, 2018, they were battered and assaulted by one or more employees of defendant Apex Security Group, Inc. while attending a Los Angeles Rams game at the Los Angeles Memorial Coliseum. Plaintiffs name Apex Security Group, Inc. (“Apex”), Los Angeles Rams (“Los Angeles Rams”), Los Angeles Memorial Coliseum Commission (“LAMCC”), and University of Southern California (“USC”) as defen...

Excerpt: ...Default was entered against Defendant on December 12, 2019. Defendant filed this Motion on June 11, 2020, within 6 months of the entry of default. Code of Civil Procedure, section 473, subdivision (b) contains two distinct provisions for relief from default. The first provision is discretionary and broad in scope, providing: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismis...

Excerpt: ...t's demand for Kassi Wooton to appear and produce documents at trial on July 14, 2020. Plaintiff also requests monetary sanctions. The trial date has been vacated and a trial setting conference is set for February 5, 2021. Defendant's opposition concedes the subpoena is void and only addresses the issue of sanctions. A demand to appear at trial may be used only to compel the attendance of and production of documents by persons who are California ...

Excerpt: ...n against Defendants T-Mobile USA, Inc. (“Defendant”), LG Electronics U.S.A., Inc., and New Wave PCS HQ, Inc. Plaintiff alleges that on February 26, 2018, she was asleep at home when she woke up with a large burn on her abdomen that was caused by a phone she purchased from Defendant's Metro PCS location in Whittier. Defendant moves for an order compelling arbitration and staying this action. II. LEGAL STANDARD “On petition of a party to an ...