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: ...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: ...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: ...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: ...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: ...”) 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: ...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: ..., 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: ...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: ...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...