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: ... 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: ...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...

Excerpt: ...��) filed this action against defendant Noemi Davalos-Bermudez arising from an April 24, 2018 car accident. On September 4, 2019, Defendant served a subpoena for Plaintiff's records from January 1, 2008 to the present (“Subpoena”). Plaintiff moves to quash the Subpoena on the grounds that it is overbroad. A deposition subpoena may request (1) only the attendance and testimony of a deponent, (2) only the production of business records for copy...

Excerpt: ... Vasquez filed this action against defendant Valente Cristobal arising from a February 18, 2018 automobile collision. Defendant moves for an ordering compelling plaintiffs Julio Ruiz and Luis Francisco Vasquez to provide responses to Defendant's written discovery and compelling Vazquez's deposition. Julio Ruiz On April 12, 2019, Defendant served Request for Production Set One, Special Interrogatories, Set One, and Form Interrogatories, Set One on...

Excerpt: ...mber 22, 2017 automobile collision. Defendant moves for terminating sanctions based on Plaintiff's failure to comply with the Court's February 27, 2020 Order, requiring her to provide responses to Defendant's written discovery. Where a party fails to obey an order compelling answers to discovery, “the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction.” (Co...

Excerpt: ...nd Samir Kamani (“Kamani”). On October 28, 2019, Plaintiff filed a proof of service showing that Kamani was served by substituted service on October 18, 2019. On December 3, 2019, Plaintiff requested the clerk enter default against Kamani. On January 2, 2020, Plaintiff named Boohoo.Com UK Limited, Boohoo Group PL, PrettyLittleThing.com, BoohooMan.com, Boohoo.com USA Limited, and Boohoo.com USA, Inc. (collectively, the “Boohoo Defendants”)...

Excerpt: ...) and Anne Stimac (“Anne”) (collectively, “Plaintiffs”) filed this action against defendant Berberian Enterprises, Inc. Plaintiff alleges he is an electrician and was hired to install cable lines at the Premises. (Compl., ¶ 6.) Plaintiff alleges that on April 16, 2019, he was injured when he stepped on a wooden stud which broke away, causing him to fall through the ceiling of Defendant's store (the “Premises”). (Compl., ¶ 7.) Plaint...

Excerpt: ...September 19, 2019, plaintiff Alistair McMillan filed this action against defendant Wheels Labs, Inc. dba Wheels Technologies, Inc. for products liability, breach of warranty, and negligence arising from a June 1, 2019 accident caused by an allegedly malfunctioning electric bike that Plaintiff rented. Plaintiff alleges that the bike increased speed dramatically and hurled him towards an intersection filled with cars. Plaintiff alleges he attempte...

Excerpt: ... On February 26, 2020, Plaintiffs Theod Simonian, Lidoosh Akoupian, and Arbey Simon (“Plaintiffs”) filed the operative First Amended Complaint (“FAC”) asserting causes of action for medical malpractice, wrongful death, and negligence. Although numerous entities were initially named as defendants, the remaining defendants are Glendale Adventist Medical Center dba Adventist Health Glendale (“Defendant”) and two other corporations. Defen...

Excerpt: ...nd Samir Kamani (“Kamani”). On October 28, 2019, Plaintiff filed a proof of service showing that Kamani was served by substituted service on October 18, 2019. On December 3, 2019, Plaintiff requested the clerk enter default against Kamani. On January 2, 2020, Plaintiff named Boohoo.Com UK Limited, Boohoo Group PL, PrettyLittleThing.com, BoohooMan.com, Boohoo.com USA Limited, and Boohoo.com USA, Inc. (collectively, the “Boohoo Defendants”)...

Excerpt: ...7, 2017 automobile accident. Plaintiff filed a request for entry of default on December 6, 2019. Defendant requests the Court set aside the default. Defendant contends the entry of default on December 6, 2019 was the result of counsel's mistake because defense counsel believed the parties had agreed to allow Defendant additional time to file a responsive pleading after Defendant was served on August 24, 2019. This Motion was filed on August 10, 2...

Excerpt: ...iff”) who suffered personal injuries as a passenger in a car operated by Defendant Norma Stanley (“Stanley”). Plaintiff connected with Stanley using the Lyft application, website, and technology platform developed and operated by Defendant Lyft, Inc. (“Lyft”). Plaintiff alleges that Stanley was employed by Lyft at the time of the accident and therefore is vicariously liable for Stanley's negligence. The accident occurred on August 11, 2...

Excerpt: ...zar (collectively, “Plaintiffs”) filed this action against Defendants Daniel Bromberg (“Bromberg”) and Jeffrey Girard (“Girard”) (collectively, “Defendants”) for personal injuries stemming from a campaign of harassment and intimidation against Plaintiffs. Defendants were personally served with the summons and complaint on August 19, 2019. However, Defendants failed to file an answer. On October 17, 2019, Plaintiffs dismissed Girar...

Excerpt: ...y sued as Cinemark). Gagua asserts causes of action for battery and negligence against Defendant and alleges Defendant's employee attacked her while she was at the movie theater and wrestled away a bag of drinking cups that a cashier had given to her. II.LEGAL STANDARDS 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, Fenn...