Excerpt: ...laintiff”), a minor through his guardian ad litem, Clemon Young Sr., filed this action against Defendant Los Angeles Unified School District (“LAUSD”) arising from a June 1, 2018, assault which took place at school. On May 18, 2019, Plaintiff filed a First Amended Complaint, to which Defendant demurred. The demurrer was sustained on August 23, 2019. On September 12, 2019, Plaintiff filed the operative Second Amended Complaint (“SAC”). O...

Excerpt: ...nox James Daley arising from a September 5, 2018, automobile collision. Plaintiff filed this Motion on September 28, 2021, for leave to file a First Amended Complaint (“FAC”) to add a claim for punitive damages against Defendant. Plaintiff states it was not until June 2021 that he learned through discovery that Defendant had a prior DUI in 2005. (Workman Decl., ¶ 10(c).) The court may, in its discretion and after notice to the adverse party,...

Excerpt: ... malpractice action against Defendant Saleem A. Desai, M.D. (“Defendant”) and NSC Management Company, Inc. dba Endeavor Surgical Center (“Endeavor”). On August 12, 2020, Plaintiff added Los Angeles Gastroenterology Institute as Doe 1. On April 21, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”). Although Plaintiff filed a Second Amended Complaint (“SAC”) on April 23, 2021, Plaintiff did so without seeking leave...

Excerpt: ...ing from an April 14, 2019, trip and fall. Defendant moves to compel Plaintiff's deposition and requests sanctions against Plaintiff and her counsel of record. 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., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify...

Excerpt: ...tor Company (“Defendant”), among others, for injuries allegedly sustained on January 4, 2018 while riding an escalator inside a Bloomingdale's Department Store. Plaintiff asserts causes of action against Defendant for negligence, strict products liability, and breach of express and implied warranties. Defendant moves for summary judgment on the grounds that Plaintiff's responses to discovery establish that she has no facts or evidence in supp...

Excerpt: ... Defendants Ojani G. Martinez and Gerardo Martinez arising from an April 11, 2018, motor vehicle collision. Defendants filed two motions seeking orders compelling Plaintiff's attendance at two separate medical examinations by neuropsychologist, Dr. Tony L. Strickland, and psychiatrist Dr. James R. High. In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff wh...

Excerpt: ... action for negligence and premises liability. Plaintiff claims that on January 3, 2019, she tripped and fell while attempting to access a shopping cart corral because the toe of her boot was caught on a metal bar at the bottom of the corral. At issue are Defendant's responses to Plaintiff's Form Interrogatories (Set Two) (“Form Interrogatories” or “FROG”), Pre-Trial Special Interrogatories (Set One) (“Special Interrogatories” or “S...

Excerpt: ...r 20, 2021 On December 20, 2019, Plaintiff Lynn Michele Equivel (“Plaintiff”) filed this action 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 di...

Excerpt: ...NTRODUCTION On March 18, 2020, Plaintiff Sedgwick Claims Management Services, Inc. (“Plaintiff”), for real party in interest, Falls Lake Fire and Casualty Company, filed this action against Defendant China Airlines, Ltd. (“China Airlines”) arising from a May 21, 2018, motor vehicle accident. Plaintiff alleges that on May 21, 2018, Diamond Santos (“Santos”) was working in the course and scope of his employment with Plaintiff's insured,...

Excerpt: ...rie 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'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 motions a...

Excerpt: ...Plaintiff”), by and through her guardian ad litem, Guadalupe Martinez, filed this action against Defendant Compton Unified School District for premises liability and negligence. Defendant moves for judgment on the pleadings on the grounds that Plaintiff has failed to state a statutory basis sufficient to allege a viable cause of action for general negligence. Defendant also argues that Plaintiff's cause of action for general negligence is uncer...

Excerpt: ...ano Esteves Tacto, Jr. (“Defendant”) and Sheryl Tacto (collectively, “Defendants”) arising from a February 13, 2018, motor vehicle accident. Defendants move for summary judgment on the grounds that no evidence exists to demonstrate that they are liable for negligence. Specifically, Defendants contend that no triable issue of fact exists to show that their conduct was a substantial factor in causing the accident. I. FACTUAL BACKGROUND Plai...

Excerpt: ...vices, Inc. (“Transdev”), Los Angeles County Metropolitan Transportation Authority (“LACMTA”), and Connie Romero (“Romero”) arising from an April 18, 2018, bus versus motorcycle collision. Plaintiff alleges Romero, the bus operator, “veered onto the double yellow solid lines and/or opposing ravel lane to complete the turn on a curve in the roadway.” Romero allegedly “failed to observe Plaintiff while making the turn on the doubl...

Excerpt: ...Industries (“G.I.”), Jose David Barajas Villa (“Villa”), Waste Management Collection and Recycling, Inc., and the City of Westlake Village. Plaintiff alleges that on November 12, 2020, he was injured in a garbage truck versus pedestrian collision. Plaintiff seeks further responses from G.I. to Request for Production (“RFP”) Nos. 12, 27, 29, 30, 31, 33, 42, 44, 45, 46, 47, 48, 53, 54, and 55. Plaintiff also requests Villa provide furth...

Excerpt: ...anki Corp. (“Defendant”), Gardena Supermarket, and Naresh Solanki arising from an August 25, 2018, slip and fall. On August 2, 2021, Defendant issued a deposition subpoena to CM Document Imaging, Inc., demanding the production of: Any and all documents, paper and digital records pertaining to care, treatment and examination, including but not limited to, all office, emergency room, inpatient/outpatient charts either in hard copy or electronic...

Excerpt: ...unter”) (collectively, “Defendants”) arising from an August 4, 2019, motor vehicle collision. Plaintiff alleges Diallo negligently operated a vehicle while intoxicated and that Broderick negligently entrusted the vehicle to Diallo. Plaintiff seeks punitive damages on the grounds that Diallo was driving while intoxicated. Defendants move to strike the following: 1. Page 3, paragraph 14, item (a)(2): “punitive damages”. 2. Page 5, GN-1, �...

Excerpt: ...efendant Todd Edward Smith arising from a January 25, 2017, motor vehicle accident. Defendant moves for an order compelling Plaintiff's deposition and imposing monetary sanctions. 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., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to a...

Excerpt: ...ly 27, 2020, Plaintiffs Jaqueline Liseth Amador-Murillo (“Plaintiff”) and Jose Alvarado (collectively, “Plaintiffs”) filed this action against Defendants Core Medical Group, Inc. (“Core Medical”), Joel Aronowitz, M.D. (“Aronowitz”), Jennifer M. Winnick, P.A. (“Winnick”), and Joel Aronowitz, M.D. dba Tower Multi-Specialty Medical Group (“Tower”) (collectively, “Defendants”) for medical malpractice and loss of consortium...

Excerpt: ... a June 28, 2015, motor vehicle accident. On October 26, 2020, the Court ordered the Complaint dismissed without prejudice after Plaintiff failed to appear for an OSC re: Dismissal and for lack of prosecution. On April 26, 2021, Plaintiff filed this motion to vacate the dismissal under section 473 of the Code of Civil Procedure. Plaintiff's counsel declares that he decided to allow the dismissal of Alexander Hoyt and mistakenly believed that the ...

Excerpt: ...”) and Triumph Residential Services, Inc. (“TRS”) asserting claims for premises liability and negligence. Plaintiff seeks issue, evidence, and monetary sanctions against Defendants for intentional spoliation of evidence, specifically the failure to retain footage from a surveillance camera at the apartment building showing how Plaintiff was injured. II. FACTUAL BACKGROUND Plaintiff claims she was injured by a garage door on Defendants' prem...

Excerpt: ...ergh Action”) with the case captioned Alexis Zimbalist v. Lyft, Inc., et al. and assigned the case number 21STCV05484 (the “Zimbalist Action”). Muhammad contends that these cases should be consolidated because they arise from the same three-vehicle March 7, 2019, traffic collision. At the time of the accident, Muhammad was driving a vehicle for Lyft, Inc. (“Lyft”) with Alexis Zimbalist (“Zimbalist”) as a passenger. The vehicle was o...

Excerpt: ...epartment, and Martha Tate (collectively, “Defendants”) arising from an October 5, 2015, auto accident. Defendants move for an order compelling the neuropsychological examination of Plaintiff by Kyle Brauer Boone, Ph.D. (“Dr. Boone”). In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff where: (1) the examination does not include any diagnostic test ...

Excerpt: ...inst Jovan Galu Springman (“Jovan”) and Bonnie Leigh Albrecht (“Albrecht”). Plaintiff alleges Jovan was operating Albrecht's vehicle and struck Plaintiff. Plaintiff asserts a cause of action for negligent entrustment against Albrecht alleging that Jovan was operating her vehicle with permission. On April 13, 2020, Plaintiff named Catherine Mildred Springman (“Catherine”) as the correct party after incorrectly adding “Katherine Mildr...

Excerpt: ...f filed the operative First Amended Complaint (“FAC”) against CVS Pharmacy, Inc. (“CVS”) and Saul Castro (“Castro”) asserting claims for general negligence and premises liability. Plaintiff alleges that on April 21, 2019, he was stabbed by an individual with scissors. On January 21, 2021, Plaintiff added Bay Valley Security, Inc. and Single Source Security, Inc. as Does 1 and 2, respectively. On April 1, 2021, Plaintiff named Garfield...

Excerpt: ...filed this medical malpractice action against Defendants The Regents of the University of California (“Defendant”) and eleven other medical providers. Plaintiff's Complaint alleges that as a result of the defendants' malpractice, she was transferred to UCLA Medical Center on April 21, 2015, where she incurred medical expenses. (Compl., ¶ 21.) Defendant operates UCLA Medical Center. Defendant propounded requests for admission to establish: (1...

Excerpt: ...S FOR MONETARY SANCTIONS Dept. 27 1:30 p.m. September 29, 2021 On February 26, 2020, Plaintiffs Manuel David Corral and Mila Padillo, (collectively, “Plaintiffs”), individually and as successors-in-interest to Manuel Corral Jr. (“Decedent”), filed this action against Palache Protection Services, Inc.(“Palache”), M&F Development, LLC (“M&F”), CA&RK Business Group LLC (“CA & RK”), Rachel Goldhaar, Robert Wexler, Hannah Wexler, a...

Excerpt: ...action against Defendants Moses Jr. Rangel (“Rangel”) and Farmers Insurance (“Farmers”) (collectively, “Defendants”) arising from a November 28, 2020, motor vehicle accident. Plaintiff alleges Rangel is insured by Farmers and that Farmers has delayed Plaintiff's property damage claim since December 2020, therefore increasing his “loss of use” damages. (Compl., ¶ 13.) Plaintiff further alleges Farmers has acted in bad faith. (Comp...

Excerpt: ...y, “Plaintiffs”) filed this action against defendants Mark Silverstein (“Silverstein”), individually and dba Sun Valley Mercedes Transmissions, LLC (“Sun Valley”), Care Pro Property Management, LLC, and Ashbel, LLC (“Ashbel”) arising from a February 11, 2013, fall from a tiled platform landing. On July 10, 2015, plaintiff Matina Syrengelas filed a request for dismissal as to her claims. On February 15, 2018, Plaintiff named Oleg F...

Excerpt: ...aintiff”) filed this action against defendants Michael Delgado, C.R. England, Inc., and Walmart Inc. (collectively, “Defendants”) arising from a January 16, 2020, motor vehicle collision. On February 9, 2021, Defendants served a subpoena on Plaintiff's former therapist, Jerri Frank, Ph.D (“Dr. Frank”) for Plaintiff's records. Defendants seek an order compelling Dr. Frank to produce the requested documents. Plaintiff did not oppose this ...

Excerpt: ...f alleges he was visiting Universal Studios, Hollywood, when he was pushed to the ground by a large group of individuals and injured. On March 20, 2020, Plaintiff named Universal Studios, LLC (“Defendant”) as Doe 1. Plaintiff moves for an order compelling the deposition of Defendant's person most knowledgeable (“PMK”). On May 12, 2020, Plaintiff served a deposition notice scheduling the deposition for June 29, 2020. The deposition did not...

Excerpt: ...ATION Dept. 27 1:30 p.m. September 27, 2021 I. INTRODUCTION On June 30, 2020, Plaintiff Gloria Watson filed this action against Defendants The Regents of the University of California (“The Regents”), Aparna Sridhar, M.D. (“Dr. Sridhar”), and Jenny Yang Mei, M.D. (Dr. Mei”) (collectively, “Defendants”) for medical malpractice and medical battery. On December 31, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”) ...

Excerpt: ...tember 27, 2021 I. INTRODUCTION On June 27, 2019, Plaintiff Maurice Monroy (“Plaintiff”) filed this action against Southern California Edison Company (“Defendant”), City of Los Angeles, and the Los Angeles Department of Water and Power. Plaintiff alleges that on August 30, 2018, he hit a “metal cable (guy) wire” while riding his bicycle on the south sidewalk of 92nd Street near Maie Avenue in Los Angeles. He alleges Defendant negligen...

Excerpt: ...ff Tyrod D. Taylor filed this action against Defendants David S. Gazzaniga (“Dr. Gazzaniga”) and Newport Orthopedic Institute (“Newport”) (collectively, “Defendants”). On July 9, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”) asserting causes of action for negligence and medical battery. Defendants demur to Plaintiff's cause of action for medical battery and argue that it fails to state sufficient facts and is...

Excerpt: ...fendant Mayra Anaya arising from a May 5, 2017 motor vehicle accident. Defendant moves for an order compelling the deposition of Plaintiff on September 15, 2021 because this motion was originally scheduled to be heard on September 8, 2021. The hearing was rescheduled to September 24, 2021 in a minute order dated August 26, 2021. Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any par...

Excerpt: ...ants Centinela Hospital Medical Center (“Centinela Hospital”), Mehran Sourehnissani, M.D. (“Dr. Sourehnissani”), Minghson Liu, M.D. (“Defendant”), and Steven Clark, M.D. (“Dr. Clark”) for medical malpractice. Plaintiff alleges that on September 24, 2018, he presented to Centinela Hospital with complaints of hypotension, dizziness, and acute left flank pain. Plaintiff alleges he was given a prescription for Sulfamethoxazole/trimeth...

Excerpt: ...2021 On June 14, 2019, Plaintiff Anthony G. Ross filed this action against Defendants California Casualty Insurance Company, Lorne Currie Jr., and Priscilla Currie arising from a June 15, 2017, motor vehicle accident. On October 1, 2020, Plaintiff filed a First Amended Complaint, which the Court ordered stricken on April 5, 2021. On June 18, 2021, the Court issued a minute order granting Plaintiff leave to file a Second Amended Complaint (“SAC�...

Excerpt: ...RODUCTION On December 16, 2019, Plaintiff Elvis A. Castillo, a minor by and through his guardian ad litem, Edelmira Castillo, filed this action against Defendant Los Angeles Unified School District (“Defendant”). Plaintiff alleges that on November 26, 2018, his physical education teacher instructed him and the other students to run towards each other and “high-five” each other. (Compl., ¶ 8.) Plaintiff alleges that another student “hig...

Excerpt: ... M.D. (“Defendant”) and Cedars-Sinai Medical Center (“Cedars-Sinai”) arising from a faulty cardiac catherization performed on February 19, 2020. Plaintiff asserts: (1) a cause of action for professional negligence against Defendant, (2) a cause of action for negligent hiring and retention against Cedars-Sinai, and (3) a cause of action for reckless infliction of emotional distress against both Defendants. Defendant demurs to the third cau...

Excerpt: ...nified School District. On September 16, 2019, Plaintiff filed a First Amended Complaint. On March 24, 2021, the Court granted Las Virgenes Unified School District's motion to compel Plaintiff's deposition and request for monetary sanctions. Derek Povah joined the motion to compel Plaintiff's deposition. Derek Povah now moves for terminating sanctions on the grounds that Plaintiff has disobeyed the Court's March 24, 2021, order by failing to appe...

Excerpt: ...iff”) filed this action against Defendant 441 North Oakhurst Drive COA, Inc. (“Defendant”) for injuries sustained on July 13, 2019. Defendant moves for summary judgment on the grounds that Plaintiff's action is barred by the doctrine of primary assumption of risk. Defendant also argues that Plaintiff's action is barred by Civil Code section 846. I. FACTUAL BACKGROUND Plaintiff's action arises from an injury suffered on July 13, 2019, while ...

Excerpt: ...eptember 23, 2021 On March 16, 2020, plaintiff Steve Garma (“Plaintiff”) filed this action against defendant CVS Pharmacy, Inc. alleging that on April 21, 2019, he was stabbed by a transient wielding scissors. On May 14, 2020, Plaintiff filed a First Amended Complaint adding Saul Castro as a defendant. Single Source Security, LLC dba Proto Security (“Defendant') (erroneously sued as “Single Source Security, LLC”) was added as a Doe Defe...

Excerpt: ...pata asserting causes of action for: (1) fraudulent concealment, (2) fraud and deceit, (3) fraudulent inducement, (4) breach of oral agreement/contract, (5) conversion, (6) constructive trust, and (7) intentional infliction of emotional distress. On December 9, 2019, Plaintiff filed an application to serve Defendant by publication. The order was granted on January 13, 2020. Plaintiff filed proof of publication on February 13, 2020. Defendant did ...

Excerpt: ...NS OF PLAINTIFF'S COMPLAINT Dept. 27 1:30 p.m. September 23, 2021 I. INTRODUCTION On February 19, 2020, Plaintiff Natalie Mendoza Camacho, a minor, by and through her guardian ad litem Edna Camacho, filed this action against Defendant Los Angeles County Metropolitan Authority arising from a May 24, 2019, bus vs. automobile collision. Plaintiff alleges she was a passenger on the bus and was injured when the collision occurred because it caused her...

Excerpt: ...derinsured motorist claims. Petitioner alleges that on December 5, 2018, she was insured under a policy issued by respondent Amica Insurance Company (“Amica”) and was involved in an automobile collision with Ana Vasquez while Vasquez was driving for Lyft, Inc. Petitioner alleges her insurance policy had policy limits in excess of Vasquez's $15,000 policy limit. Petitioner further alleges Lyft, Inc. was insured by respondent Indian Harbor Insu...

Excerpt: ...les arising from a February 21, 2019, trip and fall. Plaintiff moves to quash 5 subpoenas to medical and dental facilities who provided her care after the fall, including to Kaiser Permanente, Gallery Dental Arts, and Champion Chiropractic. Plaintiff argues that the subpoenas are overly broad, not reasonably calculated to lead to the discovery of admissible evidence, and risk serious intrusion into Plaintiff's and her family's privacy rights. Alt...

Excerpt: ...l Shultz, M.D. (“Defendant”) asserting claims for medical malpractice, negligence, and medical battery arising from an August 30, 2019, cataract extraction. Plaintiff alleges he suffered a detached retina which caused the permanent loss of sight in his left eye. (Compl., ¶ 6.). Defendant demurs to the second cause of action for medical battery on the grounds that Plaintiff fails to state sufficient facts to constitute a cause of action. Defe...

Excerpt: ...ction against Defendants Alex Foxman, M.D., and Alex Foxman, M.D., Inc. (collectively, “Defendants”), among other defendants, alleging that its medical equipment and office space were damaged by overflowing water caused by an automatic faucet that failed to turn off. Plaintiff alleges three causes of action for: (1) negligence, (2) strict liability – products liability, and (3) “strict liability – premise liability.” Defendants demur ...

Excerpt: ...parts.com (“Defendant”) (erroneously sued as “Carparts.com, Inc.”) arising from a March 23, 2021, fall from an “order picker” at Defendant's warehouse in Grand Prairie, Texas. Defendant moves to dismiss or stay the action on the grounds of forum non conveniens. “When a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court sh...

Excerpt: ...ntiff Roberto Barcenas filed this action against Defendants Pedro Ruiz (“Ruiz”) and Swinerton Incorporated (“Swinerton”) (collectively, “Defendants”) arising from an August 6, 2018, skateboard v. motor vehicle collision. At issue is whether Defendants can compel Plaintiff to attend an in-person deposition and independent medical examination in (“IME”) in California. Any party may obtain discovery, subject to restrictions, by takin...

Excerpt: ...n A. Carpenter and Cansu Uzun filed this action against Steven Jay Franks (erroneously sued as “Steven Jay Francis”) and Sang Lee (each a “Defendant”) arising from a September 28, 2019, motor vehicle collision. On July 12, 2021, Plaintiffs filed this motion to compel Defendant Lee to answer questions asked at his deposition on June 17, 2021. Plaintiffs claim Defendant Lee improperly refused to answer questions about his relationship with ...