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, ...

Excerpt: ... 2014 Toyota Tacoma. Plaintiff objected on the grounds that the demand for inspection was unreasonably burdensome, not reasonably calculated to lead to the discovery of admissible evidence and therefore oppressive, calculated to vex, harass and annoy, and requires Plaintiff incur unnecessary attorneys' fees. Plaintiff's objection also states that Defendant's insurer already paid for the damage and did not represent that it has no images of the ve...

Excerpt: ... to disclose important potential inherent and substantial risks involved in the lumbar fusion surgery and thus, did not obtain his informed consent. (Compl., ¶ 31-35.) Defendant moves for summary judgment on the grounds that he complied with the applicable standard of care, that no act or omission caused Plaintiff's injuries, and that Plaintiff's complaint is barred by the statute of limitations. II. FACTUAL BACKGROUND Plaintiff was first examin...

Excerpt: ...��Defendant”) arising from a July 5, 2019 motor vehicle accident. Plaintiff seeks punitive damages for drunk driving and Defendant moves to strike the punitive damages allegations. The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436, subd. (a); Stafford v. Shultz (1954) 42 Cal.2d 767, 782 [“Matter in ...

Excerpt: ...t on or about October 21, 2018, Plaintiff was a passenger in Defendant's car when he opened the car door and pushed her out of the car as it continued moving. (Compl., ¶ 7.) Plaintiff also alleges that on or about November 20, 2018, Plaintiff was at the home she shared with Defendant when he arrived home intoxicated and began to physically assault Plaintiff. (Compl., ¶ 8.) Defendant moves to strike Plaintiff's requests for punitive damages and ...

Excerpt: ...2021 I. INTRODUCTION On July 10, 2020, Plaintiff Claude Mamber (“Plaintiff”), a minor, by and through his guardian ad litem, Adrienne Hewitt-Mamber (“Hewitt-Mamber”), filed this action for general negligence and strict liability arising from a January 12, 2019 dog bite. On October 30, 2020, Plaintiff filed a First Amended Complaint (“FAC”) asserting causes of action for: (1) strict liability under California Civil Code section 3342, (...

Excerpt: ... of the thyroid on December 21, 2017. She underwent a thyroidectomy on June 4, 2018 and underwent an I-131 ablation performed by co- defendant Dr. Gregory Vanley on August 2, 2018. She was discharged on August 5, 2018. Unbeknownst to Defendants, Decedent did not go back to her house where she lived with Plaintiff, a licensed physician, she went to an empty apartment where she was unsupervised. She was found dead in the apartment on August 6, 2018...

Excerpt: ... cart accident in which Plaintiff Carly Diaz suffered injuries by falling from a golf cart that was driven by a fellow student, Kayla Duran (“Ms. Duran”). Plaintiff requests the Court order Defendant to serve further responses to her Requests for Production of Documents, Set One. Privilege Log Plaintiff complains that Defendant has not yet produced a privilege log. But Defendant states that no privilege log can be prepared because no document...

Excerpt: ...er 3, 2016 at 8 a.m. when she slipped on “loose sand/gravel spread across the [] garage floor” and fell. (FAC ¶ 13.) Plaintiff filed a “reply” to Defendant's reply brief without leave of court. This sur-reply will not be considered. II. FACTUAL BACKGROUND Plaintiff alleges that on December 3, 2016, she fell in a rear parking lot of a building owned by the Ramon Burgos Trust while walking towards her designated parking spot. (Defendant's ...

Excerpt: ...pril 18, 2018. Plaintiff, Dario Camacho (“Plaintiff”), was riding his motorcycle when he was struck by a bus driven by defendant Connie Romero (“Romero”). Plaintiff has also named Transdev Services, Inc. (“Transdev”) and the Los Angeles Metropolitan Transportation Authority (“LAMTA”). Plaintiff moves to quash a subpoena directed to Anthem Blue Cross Life and Health Insurance Company (“Anthem Blue Cross”) which seeks “All doc...

Excerpt: ... naming David Parker, Los Angeles Police Department, and the Los Angeles City Attorney Office as Defendants. On October 28, 2020, the City of Los Angeles filed a demurrer explaining that the Los Angeles City Attorney Office and Los Angeles Police Department cannot be sued because they do not exist separate and apart from the City of Los Angeles. Thus, the City of Los Angeles is the proper defendant to be sued. On December 9, 2020, Plaintiff filed...

Excerpt: ...r summary judgment. Defendant served a proposed judgment on November 4, 2020. Plaintiff filed this Motion on November 9, 2020. Reconsideration under CCP § 1008 “When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and bas...

Excerpt: ...am Kim (sued as “Lillian Kim”) (“Defendant”) and others arising from a fall sustained when he was on a scaffolding to make improvements to a nail salon. Plaintiff asserts causes of action for negligence and premises liability. Defendant was served by substituted service on June 9, 2019. Default was entered against Defendant on August 26, 2020. Defendant moves for an order setting aside the default entered against her on August 26, 2020 pu...

Excerpt: ...against defendants Charles T. Andrews, Inc. dba CTAI Pacific Greens Scape and Charles T. Andrews (“Defendant”) arising from a July 16, 2019 motor vehicle collision. Plaintiff claims damages including loss of income. Plaintiff seeks to quash Defendant's subpoenas to Bird Rides (“Deponent”) on the grounds that the subpoena is overbroad in scope, time, and subject matter, harassing, seeks information that is neither relevant nor reasonably c...

Excerpt: ...es as the basis for Defendant's Demurrer and Plaintiff's Motion to Correct Filing Date of Complaint. This action arises from a July 12, 2017 bicycle vs. motor vehicle collision. Defendant's Demurrer is premised on the fact that the July 16, 2019 filing date makes Plaintiff's action time- barred. On the other hand, Plaintiff's Motion seeks an order correcting the filing date because the complaint and related documents were rejected for clerical re...

Excerpt: ...tomobile collision. Plaintiff served the Complaint on Defendant on or about July 26, 2016. Default was entered against Defendant on September 1, 2016. Judgment was entered on March 1, 2018. On November 5, 2020, Plaintiff filed a writ of execution. On December 29, 2020, Defendant applied ex parte for a stay of execution or, in the alternative, an order specially setting hearing on motion to set aside default judgment. On January 6, 2021, Defendant...

Excerpt: ...rongful death action against Douglas B. Segal, St. Francis Medical Center (“Defendant”), John P. Kea, and Vimal Joe Ponnezhan for medical malpractice and medical negligence. The operative Second Amended Complaint removed Zeinab Khanafer and added Lames Khanafer, Rana Khanafer, Rim Khanafer, and Hussein Khanafer and asserted a single cause of action for medical malpractice arising from the death of Abbas Khanafer (“Decedent”) on August 27,...

Excerpt: ...l Institute (erroneously sued as Don Bosco Technical School) (“Defendant”) and Michele Casanova arising from a January 8, 2015 cheerleading performance. Plaintiff alleges she was injured during a cheer routine when another cheer member fell directly on Plaintiff during a stunt at a halftime show. Plaintiff served her witness designation by U.S. Mail on July 15, 2020 but failed to serve it by electronic service. Defense counsel objected to Pla...

Excerpt: ...Airplus of California, Inc. (“Airplus”) and Luga Podesta (“Podesta”). Plaintiffs filed the operative First Amended Complaint on September 18, 2020 asserting four causes of action for: (1) trespass, (2) private nuisance, (3) negligence, and (4) negligent hiring and supervision. Plaintiffs allege they were injured when Podesta hired Airplus to service an HVAC unit and Airplus's technician welded a valve underneath a fire-sprinkler head, cau...

Excerpt: ...n, Inc. arising from a fall sustained in a van while she was en route to a hemodialysis center. Plaintiff alleges the van operator failed to secure her wheelchair inside the van and she fell when the van was turning. Trial is currently set for April 7, 2022. Plaintiff moves for trial preference. Before addressing the Motion on its merits, the Court addresses Defendant's procedural objections. Defendant objects to this hearing on the grounds that ...

Excerpt: .... On April 17, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”). Defendant moves for an order striking Plaintiff's allegations for punitive damages, specifically Paragraph 15 and Plaintiff's prayer for punitive requests. 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,...

Excerpt: ...t Ricardo D. Amezquita Velasquez (“Defendant”) arising from an August 3, 2019 motor vehicle accident. Defendant moves to quash Plaintiff's subpoena to Thornhill & Associates, which seeks¿sub rosa¿videos, statements,¿and¿photographs¿of Plaintiff and his brother taken by¿Thornhill,¿Defendant's insurance carrier's investigation consultant, and its investigator, Angie Perez (collectively, “Thornhill”).¿¿¿ A deposition subpoena may r...

Excerpt: ...��Plaintiffs”) filed this action against Defendants Benigno Rodriguez and Rigoberto Rodriguez arising from a February 7, 2018 car accident. On November 7, 2018, the Court granted Plaintiffs' motion for trial preference and set trial for March 7, 2019. On January 24, 2019, the parties stipulated to continue the trial to October 9, 2019 after Decedent passed away. On September 30, 2019, the Court granted Defendants' ex parte application to contin...

Excerpt: ...and as successors in interest to Decedent Eduard Arakelyan (“Decedent”), Levush Arakelyan, Ashot Arakelyan, Mariam Arakelyan, and Naira Arakelyan filed this wrongful death/survival action against Defendants Anna Lynelle Graves (“Graves”), the City of Pasadena (“Defendant”), and the County of Los Angeles arising from a November 7, 2017 motorcycle vs. automobile collision between Decedent and Graves. Plaintiffs asserted 2 causes of acti...