Excerpt: ...Velez (“Plaintiff”) filed this action against defendants Defendant Caliber Elevator Corporation and Amerige Villa, L.P. for injuries relating to Plaintiff's trip and fall while exiting an elevator. On October 28, 2020, Goldrich & Kest Industries and Chubb Insurance Co. filed their First Amended Complaint in Intervention asserting that as a result of the incident, Intervenors provided workers' compensation benefits to Plaintiff, which they see...

Excerpt: ... 2020. Neither the complaint nor Plaintiff's First Amended Complaint (“FAC”) specify any causes of action asserted against Defendant. Trial is currently set for May 31, 2022. Plaintiff now moves to continue the current trial date. Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. (CRC Rule 3.1332(c).) The Court may grant a continuance only on an affirmative showing of good cau...

Excerpt: ...“Blamah”) (collectively, “Petitioners”) filed a petition against United Financial Casualty Company (“Respondent”), erroneously sued as Progressive Insurance Company, in connection with an uninsured motorist claim. The petition alleges Petitioners submitted a claim to Respondent for an accident that occurred on January 31, 2020, but Respondent denied coverage for the claim based on its expert's opinion. Petitioners now move to compel a...

Excerpt: ...(“Defendant”) for damages arising out of an automobile accident. At this time, Defendant moves for leave to take second physical examination of Plaintiff. Plaintiff opposes the motion, and Defendant filed a reply. 2. Motion for Leave to Take Second Physical Examination Except for defense physicals in personal injury cases (in which one examination is permitted as a matter of course) and exams arranged by stipulation, a court order is required...

Excerpt: ... ad litem, Taleb Mohamad El Habbal, (collectively, “Plaintiffs”) filed this action against Defendants Jackson Doyle (“Doyle”) and Geico Insurance (“Geico”) for damages arising from a motor vehicle accident. The complaint alleges a single cause of action for negligence. Defendant Geico now demurs to the complaint arguing it fails to state sufficient facts to constitute a claim against it. The demurrer is unopposed. Geico avers Plaintif...

Excerpt: ...ers, LLC and ABM Industry Groups, LLC (“ABM”) for damages arising from Plaintiff's trip and fall in Defendants' parking structure. On March 8, 2021, Plaintiff filed an Amendment to Complaint naming FSP-South Flower Street Associates, LLC (“FSP”) as Doe 2 On July 8, 2021, Plaintiff filed the instant Motion to Compel Further Responses to Special Interrogatories, set two, against FSP. FSP filed opposed the motion, and Plaintiff filed a reply...

Excerpt: ...Home Pros, Inc. dba Cal Retrofit (“US Home Pros”) and RIFM Properties, LLC (“RIFM”) for injuries Plaintiff sustained after slipping and falling down a set of stairs. On February 9, 2022, RIFM filed its First Amended Cross- Complaint (“FACC”) against US Home Pros for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, and (3) indemnity. US Homes Pros now demurs to the FACC arguing the first cause of a...

Excerpt: ...onica, LLC (“Defendant”) for negligence, products liability, and premises liability. The complaint alleges that on January 27, 2021, Plaintiff was performing exercise related activities for his own personal use and benefit at Defendant's fitness location center. When Plaintiff was using a metal contraption device believed to be a wall mount anchor, it became unattached to the wall and hit Plaintiff in the right eye and face. On September 22, ...

Excerpt: ...man and Olga Salguero (collectively, “Defendants”) for damages arising from a dog bite incident. The complaint alleges causes of action for strict liability-dog bite and negligence. The complaint includes a request for punitive damages Defendants, at this time, move to strike the prayer for punitive damages in the complaint. The court has not received any opposition to the motion. 2. Motion to Strike Civil Code § 3294 authorizes the recovery...

Excerpt: ...lle Cabral (“Plaintiff”) filed this action against Defendant Starbucks Coffee Company (“Defendant”) for damages Plaintiff sustained when a cup of hot tea and coffee spilled on her. Plaintiff alleges she ordered a coffee and tea from Defendant's drive-thru that were not properly secured in a to-go tray, which caused the cups to spill on Plaintiff. Trial is currently set for June 23, 2022. Plaintiff now moves to continue the current trial d...

Excerpt: ...s, Inc. (“Uber”), Jennifer Springer (“Springer”), and Erroll James (“James”) for damages arising from a motor vehicle accident that occurred on March 8, 2019. The complaint alleges Uber employed the defendants who operated a vehicle in the course and scope of their employment with Uber. At this time, Uber moves to compel arbitration. Plaintiff opposes the motion. 2. Motion to Compel Arbitration a. Existence of Agreement with Uber In d...

Excerpt: ...ants Jezowski & Markel Contractors, Inc. (“J&M”) and Eliseo Reyna, Jr. (“Reyna”) (collectively, “Defendants”) for damages arising out of a motor vehicle accident. The complaint alleges causes of action for motor vehicle and general negligence. Defendants now move for judgment on the pleadings arguing Plaintiff's claims are barred by the doctrine of res judicata. The motion is unopposed. Defendants assert that Plaintiff alleges Reyna w...

Excerpt: ...ndants”) for damages arising from a motor vehicle accident. A Trial Setting Conference (the “TSC”) and Order to Show Cause re: Dismissal for Failure to File Proof of Service (the “OSC”) were heard in this action on June 10, 2021, and after there were no appearances for or by either party, Plaintiff's complaint was dismissed without prejudice pursuant to CCP § 583.410. On December 6, 2021, Plaintiff filed the instant motion to set aside...

Excerpt: ...f”) filed this action against Defendant Robert Young for injuries relating to an alleged dog attack and bite incident. On January 25, 2022, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) strict liability based on violation of Civil Code § 3342(a), (2) negligence, and (3) intentional infliction of emotional distress (“IIED”). The FAC includes a prayer for punitive damages. Defendant now d...

Excerpt: ...�) and William Daniel Keith, Jr., M.D., Inc. (collectively, “Defendants”) for damages arising out of Defendants' removal of a birthmark from Plaintiff's left cheek. Plaintiff alleges Defendants left the birthmark uneven, discolored, and looking worse than it did prior to treatment. Trial in this matter is currently March 28, 2022. Plaintiff now moves to continue the current trial date for 120 days. Defendants oppose the motion, and Plaintiff ...

Excerpt: ...ang (“Defendant”) for damages arising from a motor vehicle vs. motorcycle accident. At this time, Defendant moves to compel Plaintiff to submit to a second physical examination. Plaintiff opposes the motion, and Defendant filed a reply. The parties have met and conferred but have been unable to resolve their dispute. (Mot. Garber Decl. ¶¶ 11-16.) 2. Motion to Compel Second Physical Examination of Plaintiff Except for defense physicals in pe...

Excerpt: ..., and Gregory Padilla for damages arising from a motor vehicle accident involving multiple vehicles. On June 19, 2019, Plaintiff filed an Amendment to Complaint naming Lyft, Inc. (“Lyft”) as Doe 1. At this time, Lyft moves to compel a mental examination of Plaintiff. On March 11, 2022, Zachary Dunham filed a Notice of Joinder to Lyft's motion. Any opposition to the motion was due on or before March 11, 2022. As of March 20, 2022, no oppositio...

Excerpt: ...“Khouigani”) and Enterprise Rent-A-Car Company of Los Angeles, LLC, erroneously sued and served as Enterprise Rent A Car (“Enterprise”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. The complaint alleges causes of action for motor vehicle and general negligence against Defendants. Enterprise now demurs to the complaint arguing it fails to state sufficient facts to constitute a claim against it because...

Excerpt: ...nt Trader Joe's Company, Inc. (“Defendant”), erroneously sued and served herein as Trader Joe's Company, for damages arising from a slip and fall at Defendant's property. On November 16, 2021, Defendant filed the instant motion for leave to take physical examination of Plaintiff with Neurologist Barry Ludwig, M.D. (“Dr. Ludwig”), and motion for leave to take a mental examination of Plaintiff with Kyle Boone, PhD (“Dr. Boone”). Plainti...

Excerpt: ...iff”) Estate of Weslee Davis, decedent, filed this action against defendants Singer Vehicle Design, Estate of Ryan Blanks, State of California, City of Los Angeles, and County of Los Angeles for damages arising from a motor vehicle and motorcycle accident. The operative First Amended Complaint (“FAC”) alleges that on or about June 20, 2018, at 1:05 p.m., Weslee Davis (“Decedent”) was operating his motorcycle when Ryan Blanks (“Blanks�...

Excerpt: ...lies, Inc. (“Petco”) and Does 1 to 25 for damages Plaintiff allegedly sustained when Petco's employee caused a piece of wood to fall on Plaintiff. On November 5, 2021, Plaintiff filed an Amendment to Complaint naming Columbia II Marina Shores, LLC (“Columbia”) as Doe 1. Petco and Columbia filed cross-complaints against one another on November 17, 2021, and January 20, 2022, respectively. At this time, Petco moves to disqualify Columbia's ...

Excerpt: ...�Oak River”) filed this action against Defendant Sabino Saldivar (“Saldivar”) for reimbursement of workers' compensation benefits paid to Pablo Pelayo (“Pelayo”) following a pedestrian vs. motor vehicle accident. Oak River was the workers' compensation insurance carrier for Pelayo's employer. On January 17, 2019, Pelayo filed Case No. 19STCV01547 against Saldivar for damages arising from the same accident. Case Nos. 19STCV00151 and 19ST...

Excerpt: ... al. for damages arising out of a motorcycle vs. automobile accident. The complaint alleges causes of action for motor vehicle and general negligence. At this time, Jeon moves for summary judgment as to Plaintiff's complaint. Any opposition to the motion was due on or before March 8, 2022. As of March 16, 2022, no opposition has been filed. 2. Motion for Summary Judgment a. Moving Argument Jeon argues he is entitled to summary judgment because Pl...

Excerpt: ... against Defendant Marc Gottesman (“Defendant”) for subrogation damages paid to Plaintiff's insured. On December 1, 2021, Defendant filed the instant motion to quash service of summons and complaint. Defendant originally scheduled this motion to be heard in Department 25 of the Spring Street Courthouse at 10:00 a.m. On December 10, 2021, this action was deemed related with Case No. 19STCV24027, with 19STCV24027 being deemed the lead case, and...

Excerpt: ...�Union Bank”), erroneously served and served as Union Bank, and Kamran Qureshi (“Qureshi”) (collectively, “Defendants”) for damages arising out of Plaintiff's slip and fall in Defendants' property. At this time, Defendants move to compel Plaintiff to attend two mental examinations: a neuropsychological examination and a psychiatric examination. Alternatively, if only one mental exam is permitted, Defendants request Plaintiff be compelle...