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: ...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: ... against defendant Alfred Alvarez (“Defendant”) for injuries and damages arising from a motor vehicle accident. Defendant seeks a protective order to have his deposition conducted in La Mirada, Santa Fe Springs or Downey, close to his residence in La Mirada, and to only allow the deposition to proceed once Defendant's senior housing community's COVID-19 lockdown is lifted. Defendant also seeks monetary sanctions. Defendant is 90-years old and...

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 ...

Excerpt: ...r vehicle accident. Defendant moves to strike punitive damages allegations from the Complaint as well as specific factual allegations regarding video footage of her. Defendant also requests to strike references to the Interinsurance Exchange of the Automobile Club. 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. (Code Civ. Proc., § 435, subd. (b)(1).) The ...

Excerpt: ...is action against David P. Manger, M.D. (“Defendant”) and other medical providers arising from the medical treatment received by Karmala Beasley (“Decedent”) on June 9, 2017. Defendant moves for summary judgment on the grounds that he complied with the applicable standard of care and there is no causation between any negligent act/or omission and Plaintiffs' injuries or damages. II.FACTUAL BACKGROUND On May 15, 2017, Decedent underwent tu...

Excerpt: ...led this action against defendants John Eiker and Peggy Eiker (“Defendants”) on July 25, 2016 for injuries arising from a dog bite.¿ On July 29, 2016, Sedgwick Claims Management Services, Inc. (“Sedgwick”) filed an action against Defendants. Sedgwick is the workers' compensation carrier for Barro's employer at the time of the incident. Discovery was propounded and Barro was deposed before the parties reached a settlement. Defendants have...

Excerpt: ...yen, Kevin Nguyen, and Chut Truong arising from a October 30, 2016 motor vehicle accident. Plaintiff was allegedly rear-ended by a vehicle driven by Kevin Nguyen (“Defendant”) and alleges injuries and damages, including anxiety. Defendant propounded a second set of special interrogatories on February 14, 2020 and responses were received on April 6, 2020. After meeting and conferring, Plaintiff agreed to provide further responses and asserted ...

Excerpt: ...o (“Defendant”) arising from a July 1, 2017 automobile accident. At the time of the incident, Defendant was insured by Access General Insurance. Access General Insurance was subsequently declared insolvent on March 13, 2018. Thus, when Plaintiff filed the action against Defendant a year later, the California Insurance Guarantee Association (“CIGA”) had taken over the administration of Defendant's claim for insurance benefits. Defendant wa...

Excerpt: ...ta Monica arising from a September 18, 2018 slip and fall incident. Plaintiff was exiting a parking structure located in the Santa Monica when she slipped on an oily substance in an alleyway. Plaintiff asserts two causes of action against Defendant: general negligence and dangerous condition of public property. Defendant moves for summary judgment on the grounds that general negligence is an inappropriate cause of action against a public entity a...

Excerpt: ...038 Dept. 27 1:30 p.m. November 13, 2020 I.INTRODUCTION On September 9, 2019, plaintiff Asatour Sinanian (“Plaintiff”) filed this action against defendant County of Los Angeles (“Defendant”) alleging negligence and denial of medical care. Plaintiff alleges that while he was an inmate at the Men's Central Jail, he injured his foot when he slipped on water that was dripping into his cell. He also alleges that he was denied medical care and ...

Excerpt: ...ntiff”) and Saib Daoud (“Daoud”) filed this action for medical malpractice and loss of consortium arising from a hysterectomy surgery. On November 26, 2019, Plaintiff filed a First Amended Complaint (“FAC”). Plaintiff was admitted to San Dimas Community Hospital (“Defendant”) on February 21, 2018 to undergo a total hysterectomy on an outpatient basis by co-defendant Richard Williams, M.D. (“Dr. Williams”). Plaintiff alleges Dr. ...

Excerpt: ...March 30, 2018 four-vehicle accident. Plaintiff claims bodily injuries, lost wages, and lost earning capacity. Plaintiff seeks to quash Defendant's 31 subpoenas for medical, insurance, and employment records. 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. Pr...

Excerpt: ... action against defendants Manuel Torres, Jr. (“Torres”) and Westley McDowell (“Defendant”) arising from a June 13, 2019 motor vehicle vs. pedestrian collision. Plaintiffs allege Torres drove a vehicle owned by Defendant while Torres was intoxicated, ran a red light, and collided the vehicle into Plaintiff. Kinoshita asserts a claim for loss of consortium. Defendant moves to strike Plaintiff's punitive damages allegations from the Complai...