Excerpt: ... filed this action against defendant THC Orange County, LLC dba Kindred Hospital Los Angeles (“Defendant”) (erroneously sued as “Kindred Hospital”) alleging the wrongful death of his wife, Patricia Simmons. Plaintiff also named “Dr. Banafshe” and “Nurse Precious” as defendants. Defendant demurs to the complaint and moves to strike Plaintiff's request for punitive damages. The demurrer and motion to strike are unopposed. II. LEGAL ...

Excerpt: ...h 10, 2021, plaintiff Loujuana Francis, as successor-in-interest to the estate of Garry Francis (“Decedent”) and as guardian ad litem for minor plaintiffs C.W.F. and B.F.F. (collectively, “Plaintiffs”), filed this action against Defendants City of Compton (“Defendant”), Jose Luis Gonzalez (“Gonzalez'), and Connie Rodriguez Galdamez (“Galdamez”) for wrongful death, negligence, premises liability, survival, and negligent entrustme...

Excerpt: ...ejandra Soriano filed this action against Defendant German Coronel (“Defendant”) and Coronel Demolition, Inc. On April 22, 2021, Plaintiff served Requests for Admissions (Set One) on Defendant. (Ibarra Decl., Ex. A.) On June 9, 2021, Defendant requested a 30- day extension to provide responses; Plaintiff offered a two-week extension but maintained that objections were waived. (Ibarra Decl., ¶¶ 7-9.) Plaintiff's counsel's office followed up ...

Excerpt: ...n February 3, 2020, plaintiffs Cirilio Gonzalez Hernandez (“Plaintiff”) and Blanca Olga Gonzalez filed this action against defendant Yang Gao (“Defendant”) arising from a March 11, 2019, motor vehicle collision. On May 20, 2021, the Court issued a minute order (“May 20 order”) quashing subpoenas issued earlier by Defendant compelling the depositions of the persons most knowledgeable and production of records by several of Plaintiff's ...

Excerpt: ...n Borden (“Plaintiff”) filed this action against defendant SVK Group, LLC dba One Stop Liquor Wholemart (“SVK”) (erroneously sued separately as SVK Group, LLC and One Stop Liquor) arising from a January 6, 2019, dog bite. Plaintiff also named Janak Savaliya and Ashvinkumar Savaliya (collectively, the “Savaliya Defendants”) as defendants. On August 18, 2021, the Court granted SVK's motions to compel Plaintiff's responses to written dis...

Excerpt: ...TRODUCTION On March 20, 2020, Plaintiff Zoraida Knight (“Plaintiff”), by and through her guardian ad litem, Zaida Angara, filed this medical malpractice action against moving defendants Cedars-Sinai Medical Center (“Cedars-Sinai”) and Adam N. Mamelak (“Dr. Mamelak”) (collectively, “Defendant”), as well as William H. Slattery, III, M.D. (“Dr. Slattery”) (erroneously sued as “William Slattery, M.D.”). Plaintiff dismissed Dr....

Excerpt: ...arie Sabb (“Sabb”) and Daser Saquion Desahagun (“Desahagun”) (collectively, “Defendants”) arising from a November 30, 2020, motor vehicle accident. On August 24, 2021, the Court granted Defendant Sabb's motions for orders compelling Plaintiff's responses to written discovery within 10 days and ordered Plaintiff to pay sanctions in the amount of $270 within 10 days. Plaintiff, a self-represented litigant, did not oppose Defendant's mot...

Excerpt: ...all (“Cathorall”) arising from an August 14, 2017, motor vehicle collision. On October 16, 2019, Plaintiff named Pacific Westline, Inc. (“Pacific Westline”) as a Doe defendant. Nearly two years after the Cathorall Action was filed, on February 24, 2020, Plaintiff filed another action against Lyft, Inc. (“Lyft”) and Gurmit Singh (“Singh”) (erroneously sued as “Kermit Singh”) in Los Angeles Superior Court arising from an August ...

Excerpt: ...thew Despeine-Goncalvez (“Defendant”) arising from a May 25, 2018, motor vehicle collision. On January 26, 2021, Plaintiff named David Arakelyan (“Arakelyan”) as Doe 1. Although Defendant filed a general denial on October 6, 2020, he has since become incommunicado. Accordingly, nonparty Safeco Insurance Company of America (“Safeco”) filed this motion (under Defendant's name) for leave to intervene and defend the action. A nonparty sha...

Excerpt: ...sas arising from a June 26, 2019, trip and fall on a street sidewalk. On September 3, 2021, Defendant filed this motion for summary judgment arguing that Plaintiff cannot show that a dangerous condition existed or that it had actual or constructive notice of the dangerous condition. II. FACTUAL BACKGROUND On June 26, 2019, at approximately 4:30 p.m., Plaintiff tripped and fell due to an uplift in the sidewalk that ran along Parkway Calabasas near...

Excerpt: ...as successors-in-interest to Joshua Allen (“Decedent”) filed this action against Mario Amirboutros Youssef (“Youssef”), Youssef Amir Boutros Farag (“Farag”), the Estate of Jocelyn Stephanie Gomez (“Decedent Gomez”), Gloria Gomez (“Gomez”), and Safeway Insurance Company (“Safeway”) arising from a June 11, 2018, motor vehicle collision. Plaintiffs filed the operative First Amended Complaint on May 21, 2020, adding Mercury In...

Excerpt: ...m Kharbouch aka French Montana (“Defendant”) asserting causes of action for strict liability under Civil Code section 3342, negligence, and premises liability arising from a May 25, 2017, dog bite. Plaintiff alleges that Plaintiff was on Defendant's premises to service Defendant's pool when a large German Shepherd bit him. (Compl., ¶¶ 9-10.) On July 21, 2021, Defendant filed this motion for summary judgment arguing that Plaintiff cannot est...

Excerpt: ...AND ISSUE SANCTIONS; DEFENDANT BERNARD MCNAMARA, M.D. AND BERNARD MCNAMARA, M.D., INC.'S MOTION FOR TERMINATING SANCTIONS OR, IN THE ALTERNATIVE, EVIDENTIARY SANCTIONS Dept. 27 1:30 p.m. November 19, 2021 On November 13, 2018, Plaintiff Shenika Dailey (“Plaintiff”) filed this medical malpractice action against Defendants Southern California Healthcare System, Inc. dba Southern California Hospital at Culver City (“SCHSt”) (erroneously sued...

Excerpt: ...z (“Plaintiff”) filed this action against defendants California Department of Transportation (“DOT”) and Jaime Galvan (“Defendant”) arising from a November 24, 2020, motor vehicle accident. Plaintiff alleges she was injured when a tire from Defendant's vehicle became dismantled while on a freeway and struck the vehicle she was driving. (Compl., ¶ 7.) Plaintiff asserts causes of action for dangerous condition of public property agains...

Excerpt: ...re”), Pedro Bustamante (“Pedro”), Angel Bustamante (“Angel”), and Ofelia Lagunas Gonzalez (“Gonzalez”) (collectively, “Plaintiffs”) filed this wrongful death and survival action for negligence and negligent entrustment. The action arises from the death of Aide Bustamante (“Aide”) and Pedro Peralta (“Peralta”). On May 23, 2020, Aide and Peralta died in a car accident involving a vehicle driven by defendant Cash Recanzone ...

Excerpt: ... filed this action against Steven Jay Franks (“Franks”) (erroneously sued as “Steven Jay Francis”) and Sang Lee (“Lee”) arising from a September 28, 2019, motor vehicle collision. Plaintiffs allege Lee entrusted his vehicle to Jacqueline Hiner (“Hiner”), who gave permission to Franks to operate the vehicle at the time of the accident. On October 22, 2021, Plaintiffs filed this motion to re-open discovery, claiming that additional ...

Excerpt: ...tiff”) filed this action against defendants Hathaway Dinwiddie Construction Co. (“Defendant”), Gerdau Reinforcing Steel, and Commercial Metals Company arising from injuries sustained on December 17, 2018, while working on a construction project. On August 12, 2021, Plaintiff filed this motion to quash 37 subpoenas issued by Defendant to Plaintiff's medical providers: 1. DY Care Rehabilitation; 2. SM Healing Acupuncture Center; 3. California...

Excerpt: ...ainst defendants Toscaleneo A. Morris, Sr. and Donald L. Cox, Inc. dba Cox Construction (collectively, “Defendants”) arising from a January 11, 2018, motor vehicle accident. On October 12, 2021, Defendants filed this motion for leave to conduct a second medical examination of Plaintiff by Stephen P. Kay, M.D. (“Dr. Kay”), an orthopedic surgeon specializing in the treatment of the shoulders. Defendants request leave to examine Plaintiff's ...

Excerpt: ...efendant”). Plaintiff alleges that after returning a rental car, she was denied the usual courtesy ride to the visitor lot and was told by Defendant's agent or attendant that she could follow a pathway at the back of the facility instead. (Compl., GN-1; Prem.L-1.) She claims she sustained injuries from being forced to walk on an unpaved, loosely graveled pathway in a parking lot which caused her to stumble and catch herself more than once. (Ibi...

Excerpt: ...ndant Lugo Ulysses (“Ulysses”) arising from a December 10, 2018, motor vehicle collision. On February 10, 2021, Plaintiff filed a First Amended Complaint adding E.M. Pizza, Inc. as a defendant (“E.M. Pizza”). Plaintiff then filed the operative Second Amended Complaint on May 28, 2021, after seeking leave to amend. Plaintiff moves for orders compelling Ulysses and E.M. Pizza to serve responses to written discovery. Plaintiff also requests ...

Excerpt: ...nst defendants Figter Limited, Figter, Inc., Geoff Palmer, GH Palmer, Inc., GHP Management Corporation, and G.H. Palmer Associates. Plaintiff asserts causes of action for negligence and premises liability and alleges he was a resident at the Skyline Terrace Apartments, which is owned by Figterm Limited and Figter, Inc. and managed by GHP Management Corporation (the “Building”), on October 6, 2017. Plaintiff alleges he was injured when the cei...

Excerpt: ..., L.P.'s Demurrer to Plaintiff's Complaint I. INTRODUCTION On August 17, 2021, Plaintiffs Elena Escobar and Salvador Escobar (collectively, “Plaintiffs”) filed this wrongful death action arising from the death of their son, Luis Anthony Escobar (“Decedent”). Plaintiffs assert two causes of action for general negligence and premises liability, alleging that Decedent was an employee of Southwest Steel of California, Inc. (“Southwest Steel...

Excerpt: ...in Ernesto Garcia and Jet Speed Plumbing, Inc. (collectively, “Defendants”) arising from a June 27, 2019, motor vehicle collision. On November 28, 2020, Plaintiff originally attended an IME with orthopedic surgeon Geoffrey Miller, M.D. (“Dr. Miller”). On August 9, 2021, Defendants filed this motion to compel Plaintiff's attendance at a second independent medical examination (“IME”) with neurosurgeon Tony Feuerman, M.D. (“Dr. Feuerma...

Excerpt: ...on against Defendant Trader Joe's Company, Inc. (“Defendant”) (erroneously sued as “Trader Joe's East Inc.”) arising from a December 11, 2018, slip and fall. Defendant moves to compel the law firm of Ivie McNeill Wyatt Purcell & Diggs (“Deponent”) to produce nonprivileged records from its representation of Plaintiff in three different automobile accidents in 2015 that were disclosed in her discovery responses. A party seeking discover...

Excerpt: ...”) was inside a store operated by Smart & Final, LLC (“Defendant”) where Plaintiff claims she slipped and fell on a vegetable that was left on the floor in the Produce Department. On May 20, 2020, Plaintiff filed a Complaint against Defendant. Plaintiff's Complaint alleges the following causes of action: (1) Premises Liability, and (2) Negligence. On August 24, 2021, Plaintiff filed a Motion for Summary Adjudication, which is now before the...

Excerpt: ...on against Defendants Stater Bros. Markets (“Defendant”) and Pepsi-Cola Sales and Distribution. Plaintiff alleges she tripped and fell on a dolly and merchandise left on the ground at Defendant's grocery store. On March 26, 2020, Plaintiff named Bottling Group, LLC (“Bottling Group”) as Doe 1. On April 1, 2020, Plaintiff filed a request for dismissal as to Pepsi-Cola. On April 9, 2020, Bottling Group filed a cross-complaint against Defend...

Excerpt: ...r (“Plaintiff”) was driving her motorcycle at the intersection of Fountain Avenue and Highland Avenue when a vehicle driven by Joshua Benjamin Yavitch (“Defendant”) collided with her motorcycle. On July 6, 2017, Plaintiff filed a Complaint against Defendant. Plaintiff's Complaint alleges the following causes of action: (1) Motor Vehicle, and (2) General Negligence. On November 8, 2019, this matter proceeded to trial. On November 25, 2019,...

Excerpt: ...ion for Plaintiff's failure to appear at an OSC re: entry of default judgment and for lack of prosecution. On August 16, 2021, Plaintiff filed this motion to set aside the August 9, 2021, dismissal on the grounds of attorney fault. Counsel states that his failure to appear was due to a technological glitch and he was never connected with the video conference despite dialing in at the scheduled time. (Tiomkin Decl., ¶¶ 5-7.) “The court may, up...

Excerpt: ...intiff amended the Complaint to substitute Brittany Barnes (“Defendant”) (erroneously sued as “Brittney A. Mrsnik”) for Jane Doe. On February 15, 2019, Defendant's ex parte application to continue the trial date and all related deadlines was granted. As a result, the final status conference was continued from February 22, 2019 to June 6, 2019 and the trial scheduled for March 7, 2019 was continued to June 20, 2019. Another continuance was...

Excerpt: ... this action asserting causes of action for premises liability and negligence. Plaintiff named the following as defendants: Hakkasan Limited DBA Bootsy Bellows Nightclub (“Hakkasan Limited”), Hakkasan Group, Hakkasan LV LLC (“Hakkasan LV”), Hakkasan Holdings (“Hakkasan Holdings”), Hakkasan USA, Inc., and BToll Entertainment LLC. On April 30, 2019, Plaintiff added Brian Toll (“Toll”), Hakkasan SF, LLC (“Hakkasan SF”), and John ...

Excerpt: ...International LLC dba LA Fitness (“LA Fitness”). Plaintiff alleges he broke both knees when he fell into an empty swimming pool after being hired to conduct repair work at a gym. On February 3, 2020, Plaintiff named Sepulveda Commercial Development, Corp (“SCD”) as Doe 11. On August 3, 2020, Plaintiff named Symphony Pools, Inc. dba Swimming Pool & Surgeon (“Symphony Pools”) as Doe 12. On February 9, 2021, Plaintiff filed the operative...

Excerpt: ...em, Devika Seenivasagam, filed this action against Defendants Ford Motor Company (“Ford”), Gulbenk Kocar, and Sirenus Kocar. On January 17, 2020, Dulara Senarathne (“Plaintiff”), a minor by and through Seenivasagam as her guardian ad litem, was added as a plaintiff. Gulbenk Kocar and Sirenus Kocar (collectively, “the Kocar Defendants”) filed this motion for determination of good faith settlement on August 26, 2021 regarding their sett...

Excerpt: ...ction against Defendant Baret Lepejian (“Defendant”), Elton Orellana, and Manuel Orellana arising from a December 2, 2017, motor vehicle accident. Defendant moves for an order imposing terminating sanctions. Plaintiff's counsel has filed a motion to be relieved. Motion for Terminating Sanctions On July 23, 2021, the Court granted Defendant's motion to compel Plaintiff's responses to Request for Production of Documents (Set Two). The Court ord...

Excerpt: ...mmett Management, LLC, and Universal Protection Service, LP (“Defendant”) (erroneously sued as “Allied Universal Security Services”) asserting causes of action for assault, battery, and violations of the Ralph Act and Bane Act. On April 20, 2021, Plaintiff filed a First Amended Complaint (“FAC”). Plaintiff alleges that on July 19, 2020, he and his certified emotional support animal (“ESA”), Cozmo, approached the entrance to the po...

Excerpt: ... 14, 2019, Plaintiff Jesus Antonio Corbeton (“Plaintiff”) filed this action against Defendants Maria F. Villareal (“Villareal”) for injuries arising from a May 13, 2018, dog bite. On April 27, 2020, and September 23, 2020, Plaintiff named Sergio Carrillo (“Sergio”) and Martha Carrillo (“Martha”) as Does 1 and 2. Plaintiff has filed 9 motions for orders compelling each Defendant's response to discovery and to deem admitted. Plainti...

Excerpt: ...24 Hour Fitness USA, Inc. Plaintiff alleges that on August 2, 2017, she fell due to a dangerous condition of Defendant's property. On June 15, 2020, Defendant filed a Chapter 11 bankruptcy case, which automatically stayed this action. On March 2, 2021, Defendant filed a notice of bankruptcy discharge. Defendant now moves for judgment on the pleadings arguing that Plaintiff's cause of action has been discharged. II. LEGAL STANDARD “A motion for ...

Excerpt: ... Defendant Evelyn Yanira Sanchez arising from an October 9, 2016, motor vehicle accident. Defendant moves for an order compelling Plaintiff's deposition and imposing sanctions. Plaintiff's counsel also moves for an order relieving him as Plaintiff's attorney of record. Motion to Compel Deposition Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc...

Excerpt: ...odriguez, and Isaias Rodriguez filed this action against Defendants City of Whittier (“City”), J. Garcia (“Garcia”), T. Roberts (“Roberts”), and Claudia Rodriguez (“Rodriguez”) arising from a February 18, 2019, motor vehicle collision. Plaintiff alleges that Garcia and Roberts were driving black and white patrol vehicles in pursuit of non-party Kevin Vargas while in the course and scope of their employment with City as police offi...

Excerpt: ..., LLC (“C.W. Driver”) (erroneously sued as “C.W. Driver, Inc.”), Steven Stewart Nelson (“Nelson”), Kirkley Corporation (“Kirkley”), and Aaron Michael Hughes (“Hughes”) arising from a June 26, 2019, motor vehicle collision. On October 14, 2020, C.W. Driver filed a cross-complaint against Hughes, Kirkley, and Nolan Anthony Cota (“Cota”) for contribution, indemnity, declaratory relief, and apportionment of fault. On October 2...

Excerpt: ...m. October 28, 2021 On February 27, 2020, Plaintiff Ronald Dettman (“Plaintiff”) filed this action against Defendant The Comcast NBCUniversal Foundation for injuries sustained when he was allegedly pushed to the ground by a large group of individuals at Universal Studios, Hollywood. On March 20, 2020, Plaintiff named Defendant Universal City Studios LLC (“Defendant”) as Doe 1. On June 24, 2021, Defendant served Form Interrogatories (Set T...

Excerpt: ... 11, 2021, Plaintiff Maria Belen Lyster filed this action against Defendants Joseph Hemmen (“Hemmen”) and Uber Technologies, Inc. (“Uber”). Plaintiff alleges she was a passenger in Hemmen's vehicle on December 31, 2019 when she was involved in a motor vehicle accident with a cyclist. Plaintiff alleges Hemmen was employed by Uber at the time. On April 2, 2021, Hemmen filed an answer. On May 28, 2021, Uber filed an answer. On August 20, 202...

Excerpt: ...nt Costco Wholesale Corporation arising from a March 3, 2019, slip and fall. Plaintiff alleges she slipped and fell on some liquid on the floor and asserts causes of action for negligence and willful failure to warn. [1] Defendant moves for summary judgment on the ground that undisputed facts establish neither Costco nor its employees had actual or constructive notice of the alleged dangerous condition upon which Plaintiff bases her premises liab...

Excerpt: ...colab”) and RPDT, Inc. dba Safe & Sound Food Safety Consultants (“RPDT”). Plaintiff alleges Ecolab installed commercial dishwasher machines and related products which caused him to sustain severe second- and third-degree burns on May 2, 2019. Intervenor Zurich American Insurance Company (“Zurich”) seeks leave to file a complaint- in-intervention as Zurich is the worker's compensation carrier for Plaintiff's employer, Joey Restaurant, In...

Excerpt: ...t. 27 1:30 p.m. October 27, 2021 Plaintiff Mina Bakhshian seeks to compel Defendant Costco Wholesale Corporation to produce witnesses to testify as the person most knowledgeable (“PMK”) on 18 categories of testimony. The dispute over producing PMKs has been festering for some time. The Court notes that Plaintiff originally requested the deposition appearance of Defendant's PMKS more than a year ago on July 27, 2020, with further amendments to...

Excerpt: ...018, Plaintiffs “A”, Anthony Beck, and Christie Beck (“Plaintiff”) (collectively, “Plaintiffs”) filed this action against Defendants Windsor Property Management Co. (“Windsor Property”) and IMP Sea Castle, LLC (“Sea Castle”) (erroneously sued as “Sea Castle Apts, Ltd.”) arising from a dog bite. On March 20, 2020, Plaintiffs filed the operative First Amended Complaint. Defendants Windsor Property and IMP Sea Castle (collect...

Excerpt: ...iled this action against Defendant Eric Wapnick (“Defendant”) arising from an April 20, 2018, motor vehicle collision. On September 17, 2021, the Court denied Plaintiff's motion to compel Defendant to answer questions at his deposition and produce documents. On September 23, 2021, Plaintiff filed this motion for reconsideration. To provide a brief summary, in Plaintiff's motion to compel Defendant's deposition answers, Plaintiff claims Defend...

Excerpt: ...a Bergeron (“Bergeron”) filed this action against Defendants Reina Guevara (“Guevara”), Adrian Salazar (“Salazar”), Andrea Salazar, and BJ's Restaurants. Plaintiffs claim that Ethan was brought to Guevara and Salazar's home on February 16, 2019, and that Ethan was injured by a sliding glass door. On September 23, 2021, Defendants Guevara and Salazar (collectively, “Defendants”) filed a demurrer to Plaintiffs' Fourth Cause of Actio...

Excerpt: ...ntiffs Akram Akbarnejad (“Plaintiff”) and Reza Sabohie Moghaddam filed this action against Defendant Artur Ghazaryan dba Supreme Smoke Shop (“Defendant”), among others, arising from an April 9, 2019, vaping device explosion. Plaintiff alleges she sustained second and third- degree burns on her leg, buttocks, and arm. Defendant moves to compel Plaintiff's attendance at an independent medical examination (“IME”) on November 10, 2021. In...

Excerpt: ...2018, Plaintiffs A (“Plaintiff”), a minor, by and through her guardian ad litem, Anthony Beck (“Anthony”), and A's mother, Christie Beck (“Christie”) filed this action against Defendants Windsor Communities, Windsor Property Management Co. (“Windsor Management”), Imp Sea Castle, LLC (“Sea Castle”) (erroneously sued as “Sea Castle Apartments, Ltd.”), Anthony Schepis (“Schepis”), and Kayla Benson (“Benson”) arising f...

Excerpt: ... Defendant First Bargain, Inc. (“Defendant”) arising from a November 3, 2017, trip and fall. Plaintiff asserts causes of action for general negligence and premises liability, alleging that boxes of merchandise on both sides of a store aisle created a dangerous condition in Defendant's store. Defendant moves for summary judgment on the grounds that Plaintiff cannot prove that Defendant had notice of any dangerous condition or that any dangerou...