Excerpt: ...ress Messenger Systems, Inc. dba OnTrac on November 1, 2019. On December 2, 2019, Plaintiff filed a Doe Amendment naming Ground Runners Express as a Defendant in this action. On December 2, 2019, Plaintiff filed a Doe Amendment naming Sylvia Duval as a Defendant in this action. On October 20, 2020, Express Messenger Systems filed a Cross Complaint against Cross-Defendants Nahun Eucebio Murillo, Ground Runners Express, and Sylvia Duval. On Septemb...

Excerpt: ...tor vehicle negligence arising from a vehicle collision that took place in January 2020. Plaintiff Deanna Marie Marks filed her Complaint against Defendants Michael Delgado, C.R. England, Inc. and Walmart Inc. on October 6, 2020. Defendants Michael Delgado and C.R. England (“Moving Defendants”) filed a motion to compel production of Plaintiff's records from Premier Forensic Psychology on July 6, 2022 which was granted on October 27, 2022. Mov...

Excerpt: ...8:30 a.m. Counsel for Defendant is ordered to serve and electronically file a Report Re: Status of Defendant's Criminal Proceedings 5-court days prior to 02/14/2023. Moving party to provide notice. Background This is an action for assault, battery, intentional infliction of emotional distress, and negligence arising from a home invasion which took place in August 2022. Plaintiff Miryam Jannol filed her Complaint against Dillon Anthony Klincke on ...

Excerpt: ...ction for motor vehicle negligence and general negligence arising from a vehicle collision which took place in February 2019. Plaintiff Derrick Mingo was a passenger in a vehicle which Defendant Gabriel Arthur Sanchez allegedly struck when making a U-turn. Plaintiff filed his complaint on February 17, 2021. On May 13, 2021, Plaintiff filed a Doe Amendment naming the Hertz Corporation as a Defendant in this action. Plaintiff served Uber Technologi...

Excerpt: ...ncidents involving Defendants' dogs between July 2021 and May 2022. Plaintiffs Maily and Paul Ho filed their Complaint against Martin Hernandez and Marina Melendez. On September 27, 2022, Plaintiff filed a First Amended Complaint (“FAC”). Defendants filed the instant demurrer and motion to strike on October 21, 2022. Summary Moving Arguments Defendants demur to Plaintiffs' cause of action for IIED on the grounds that the FAC fails to state fa...

Excerpt: ...Moving party to provide notice and to file proof of service of such notice within five days after the date of this order. Background This is an action for negligence and premises liability arising from a trip and fall incident which took place in August 2019. Plaintiff April Anice Maynard filed her Complaint against Defendants City of Long Beach (“City”) and County of Los Angeles on August 25, 2020. Plaintiff served City on August 26, 2022. O...

Excerpt: ...emotional distress, and negligence arising from a home invasion which took place in August 2022. Plaintiff Miryam Jannol filed her Complaint against Dillon Anthony Klincke on August 26, 2022. Defendant filed the instant motion to quash subpoena on October 19, 2022. Summary Moving Arguments Defendant seeks to quash the subpoena served on Alexis Golling Sledge on the grounds that the subpoena seeks Defendant's asset information, seeks information t...

Excerpt: ...ry 28, 2021. On September 13, 2022, Plaintiff filed the instant motion for relief from waiver of objections pursuant to Code Civ. Proc., section 2032.230(a). Summary Moving Arguments Plaintiff seeks relief from waiver of objections to Defendant's demand for physical examination of Plaintiff served on Plaintiff's previous counsel on August 8, 2022. Plaintiff argues that Plaintiff's counsel did not know there was a demand for physical examination o...

Excerpt: ...ositions. To the extent that Respondent American Family Connect Insurance is claiming that documents are privileged, Respondent must provide a privilege log containing sufficient information for Petitioner to conduct discovery regarding the existence of the privilege and to challenge the existence of the privilege asserted. The log must “identify with particularity each document that responding party claims is protected from disclosure by a pri...

Excerpt: ...ound This is an action for negligence and premises liability. Plaintiff Yan Shalomov alleges he suffered injuries after falling out of a hot tub at a vacation rental property. Plaintiff filed his Complaint against Defendant Grace Cho on March 9, 2021. On July 18, 2022, Plaintiff filed a Doe Amendment naming Brad Klopman as a Defendant in this action. On September 7, 2022, Klopman filed a demurrer to Plaintiff's Complaint. Summary Moving Arguments...

Excerpt: ...stibule after Eric Lee asked Jaber to wear a mask. Plaintiffs filed their complaint against Defendant on June 1, 2021. Defendant filed the instant motion to strike exemplary damages from Plaintiffs' Complaint on October 24, 2022. Summary Moving Arguments Defendant moves to strike Plaintiffs' demand for punitive damages from their Complaint on the grounds that the Complaint fails to plead requisite facts showing malice and the evidence shows that ...

Excerpt: ...ng party to provide notice. Background This is an action for trespass to personal property and intentional infliction of emotional distress arising from a dog attack which resulted in the death of Plaintiff's dog, Brooklyn. Plaintiff Daphne Pierre Bishop filed her Complaint against Defendants Carla and Bruce Lee Crowder on August 29, 2022. Defendants filed the instant demurrer and motion to strike on September 27, 2022. Summary Moving Arguments D...

Excerpt: ...e and general negligence arising from a vehicle collision which took place in September 2018. Plaintiff Jun Li filed his Complaint against Defendant Andrew Jimenez on September 14, 2020. On July 21, 2022, Proposed Intervenor, Loya Casualty Insurance Company, filed the instant motion to intervene. Summary Moving Arguments Proposed Intervenor argues its motion should be granted because it is Jimenez's insurer and has a direct and immediate interest...

Excerpt: ...le and serve a Second Amended Complaint. Moving party to provide notice. Background This is an action for assault, battery, wrongful death, and negligence arising from an altercation that resulted in the death of Decedent Dean Joseph Dowling. Plaintiffs Valentina Dowling, Melissa Dowling, and James Dowling filed their Complaint against Defendants Nabel G. Hawara, LST Stop LLC, and Young's Market & Liquor (“Young's”) on May 13, 2022. On Septem...

Excerpt: ...new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial. (Id., Rule 3.1332(c).) Other relevant considerations may include: “(1) The proximity of the trial date...

Excerpt: ...independent medical examination of Plaintiff on October 19, 2022. Summary Moving Arguments Defendant seeks to compel Plaintiff to submit to a second medical examination on the grounds that (1) Plaintiff resumed medical treatment for her injuries from the subject accident in 2021, (2) Plaintiff's medical condition rapidly and substantially deteriorated between December 2020 and September 2021, and (3) Plaintiff claimed an increase in symptoms in t...

Excerpt: ...ve court days after the date of this order. Background This is an action for premises liability arising from a trip and fall incident which took place in June 2019. Plaintiff Valena Mitchell filed her Complaint against Pickford Investment Group, LLC on December 1, 2020. Defendant filed its motion for an order compelling Plaintiff's healthcare providers to produce her psychology records on July 19, 2022. Summary Moving Arguments Defendant argues o...

Excerpt: ...d at the time of the injury. Plaintiff contends that she was injured from metal debris that came from work being performed at the house of her next door neighbors, Defendants Daniel Adams and Michelle Page. Summary Moving Arguments Defendants seek summary judgment on the grounds that there are no triable issues of material fact over whether there is a causal link between Defendants' conduct and Plaintiffs' injuries. Specifically, there is no evid...

Excerpt: ...ts Westfield, LLC, Westfield, LLC – The Village, Helmsman Management Services, LLC, Costco Wholesale Corporation (“Costco”), West Valley Owner, LLC, and West Valley REIT 1, LLC on February 11, 2021. On August 26, 2021, Westfield LLC (erroneously sued as Westfield, LLC – The Village), Helmsman Management Services, West Valley Reit 1, and Westfield LLC were dismissed from this action. Costco and West Valley Owner, LLC remain as Defendants i...

Excerpt: ...Plaintiff and a security guard which took place in September 2019. Summary Moving Arguments CitiStaff Solutions, Inc. (“Citistaff”) seeks to strike the portions of Plaintiff's SAC which demand punitive damages, including in paragraphs 74, 75, 78-81, and paragraph h of the Prayer for Relief. CitiStaff argues Plaintiff's SAC does not allege it had advance knowledge of Defendant Freeman's unfitness or employed him with a conscious disregard for ...

Excerpt: ... The motions are granted. The requests for sanctions are denied. Plaintiff is to serve verified responses without objections within 25 days after the date of this order. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. Background This is an action for premises liability arising from an incident where Plaintiff alleges that she was struck on the head by a bin of nuts in...

Excerpt: ...e schedule of expert depositions, the Court intended that retained expert discovery would be closed, except for completion of the depositions of previously identified retained experts. To this extent, the Court's order of October 12, 2002 is amended. Moving party to provide notice. Background This is an action for negligence arising from a vehicle collision that took place in August 2017. Plaintiffs Elizabeth Nichole Clements and Elizabeth Esther...

Excerpt: ...o provide notice and to file proof of service of such notice within five court days after the date of this order. Background This is an action for medical negligence arising from the placement of a urethral catheter. Plaintiff Ross Cataldi filed his Complaint against Cedars Sinai Marina Del Rey Hospital on November 15, 2019. On October 7, 2022, Defendant filed the instant motion to compel undertaking. Summary Moving Arguments Defendant moves to c...

Excerpt: ...State of California – California Highway Patrol (“CHP”), the State of California – Department of Transportation, and Does 1 through 20 on January 10, 2019. Plaintiff alleges he crashed his motorcycle after running over the lid to an attenuator that was struck in an earlier hit and run vehicle collision and ended up in the middle of a lane of the highway. On April 29, 2019, Plaintiff filed a first amended complaint. The Complaint states on...

Excerpt: ...nts are Kris Kim and BNA Textile, Inc. On October 10, 2022, Defendant filed the instant motion to compel Charles Nichols to provide further responses at deposition. Summary Moving Arguments Defendant seeks to compel Charles Nichols, an office assistant working for Plaintiff's physician to answer questions about his office's lien practice and the necessity and reasonableness of the spine surgery performed on Plaintiff. Opposition Arguments Nichols...

Excerpt: ...thony Lyons filed their Complaint against Jeffrey Charles Hawkins, and Diversified Thermal Services, Inc. On August 2, 2021, Plaintiffs filed a First Amended Complaint. On April 21, 2022, Cross-Complainants Traejan Reed, David Reed, and Kim Reed filed their Cross-Complaint. On April 26, 2022, the Court granted Diversified Thermal Services' notice of related case. Cross-Complainants filed the instant motion to consolidate on September 29, 2022. Su...

Excerpt: ...d for Production of Documents (Set One) and Request for Sanctions filed by Defendant Saul Remigio -Motion to Continue Trial and Discovery Cut Off Dates filed by Defendant Saul Remigio DECISION All four motions are granted. The requests for sanctions are denied. Plaintiff is ordered to serve verified responses without objections within 30 days after the date of this order. The current trial and FSC dates are advanced and vacated. Trial is set for ...

Excerpt: ...usly as Juanita G. Massie in place of Doe 1). Defendant Juanita H. or G. Massie's daughter, Juanita L. Massie, was previously dismissed from the action. This action arose out of a car accident that occurred on April 29, 2017 in which Defendant David Massie, operating a 2003 Toyota Corolla while under the influence of alcohol and with an expired license, caused the death of Alexa Chambers, the daughter of Plaintiffs. Defendant David Massie did not...

Excerpt: ...intiffs and their Counsel of Records. Sanctions are due within 30 days after the date of this order. Moving party is ordered to provide notice and to file proof of service of such notice within five court days after the date of this order. Background This is an action for motor vehicle negligence and general negligence arising from a car accident which took place in 2020. Plaintiffs allege Defendant made an unsafe turn while driving a motor vehic...

Excerpt: ...he date of this order. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. Background This is an action for motor vehicle negligence arising from a vehicle collision that took place in January 2017. Plaintiff Aimee Mutia filed her Complaint against Defendant Jennine Matthias on January 20, 2019. On July 15, 2022, Defendant filed the instant motion to compel Plaintiff's de...

Excerpt: ...an action for motor vehicle negligence and general negligence arising from a vehicle collision that took place in March 2019. Plaintiff Sonia Guadalupe Santos Flores filed her Complaint against Defendants Tim and Alice Salles on March 22, 2021. Defendants filed the instant motion to transfer on September 30, 2022. Defendants have not filed an answer. Summary Moving Arguments Defendants argue that Los Angeles County is not the proper venue for thi...

Excerpt: ...ide notice and to file proof of service of such notice within five court days after the date of this order. Background This is an action for strict liability and negligence arising from a dog bite incident which took place in December 2019. Plaintiff Chul Hee Lim filed his Complaint against Defendants Kung Soon Han, Jong Soon Han, and Does 1 to 20 on December 28, 2021. Plaintiff filed a First Amended Complaint (“FAC”) on August 29, 2022. Defe...

Excerpt: ...Background This is an action for liability for a dangerous condition on public property, vicarious liability, premises liability, and negligence arising from a trip and fall incident which took place on August 1, 2022. Plaintiff Roohi Cohanim filed his Complaint against Defendants City of Los Angeles, County of Los Angeles, and West LA Farmer's Market on July 22, 2022. On September 26, 2022, Defendant City of Los Angeles (“City”) filed the in...

Excerpt: ... fees. If Plaintiff wishes to amend, Plaintiff must file and serve and amended complaint within 30 days after the date of this order. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. Background This is an action for negligence arising from a trip and fall incident which took place in October 2020. Plaintiff Irene Ruffinelli filed her Complaint against Defendants Martin...

Excerpt: ...ice within five court days after the date of this order. Background This is an action for negligence and premises liability arising from an electrical shock incident which took place in June 2018. Plaintiff Natasja Shah filed her Complaint against Defendant Arturo Solano on May 28, 20202. Plaintiff filed the instant motion to quash subpoena on September 22, 2022. Summary Moving Arguments On September 1, 2022, Defendant served a subpoena on Plaint...

Excerpt: ...nd file proof of service of such notice within five court days after the date of this order. Background This is an action for negligence and motor vehicle negligence arising from a vehicle collision that took place in January 2020. Plaintiff Deanna Marie Marks filed her Complaint against Defendants Michael Delgado, C.R. England, Inc., and Walmart Inc. on October 6, 2020. Defendants Michael Delgado and C.R. England (“Moving Defendants”) filed ...

Excerpt: ...March 2020. Plaintiff Jose E. Conrado filed his Complaint against Defendant Hwa Kang on September 29, 2020. Defendant filed the instant motions to compel Plaintiff's deposition September 30, 2022. Summary Moving Arguments Defendant alleges Plaintiff failed to attend his noticed deposition. Defendant also seeks sanctions. Opposition Arguments Plaintiff argues that he never refused to appear for deposition. Rather, Defendant unilaterally noticed th...

Excerpt: ...ipped and fell on an elevated piece of concrete in October 2021. Defendant County of Los Angeles was dismissed from the action on June 15, 2022. On August 5, 2022, the Court sustained Plaintiff's demurrer with leave to amend. On September 2, 2022, Plaintiff filed a First Amended Complaint. On September 19, 2022, City filed another demurrer. Summary Moving Arguments City demurs to Plaintiff's cause of action for negligence per se on the grounds th...

Excerpt: ...019, Plaintiffs John Hall Jr., Charles Hall, and Theresa Hall (collectively “Plaintiffs”) filed a complaint against Defendants Chester Naguit (“Defendant Naguit”) and Mary Cosio (“Defendant Cosio”). Plaintiffs allege motor vehicle negligence in their complaint arising from an automobile collision that caused Decedent John Frederick Hall's (“Decedent”) death on December 25, 2017. On August 17, 2020, Plaintiffs filed their First Ame...

Excerpt: .... Background On May 12, 2020, plaintiff Kimberly K. Higgins (“Plaintiff”) filed this action against defendants Does 1 to 10, alleging one cause of action for general negligence arising from a ladder striking Plaintiff. On September 1, 2020, Plaintiff amended her Complaint to substitute defendant Environmental Design Studio (“Defendant”) as the true name for the defendant sued under the fictitious name Doe 2. The Complaint alleges the foll...

Excerpt: ...s from Third Amended Complaint DECISION The motions to strike are denied. Moving party is to provide notice. Background This is the third set of motions to strike punitive damages. Summary Moving Arguments All Defendants move to strike punitive damages on the grounds that Plaintiff's TAC fails to allege facts sufficient to support a demand for punitive damages. Opposing Arguments Plaintiff filed identical opposition papers with respect to each mo...

Excerpt: ...iled his Complaint against Brian and Bennie Thomas and Shane, Reynaldo, and Annabelle Tuyor on April 27, 2021. On December 3, 2021, Brian and Bennie Thomas (“the Thomas Defendants”) filed their Cross-Complaint against Shane, Reynaldo, and Annabelle Tuyor. On September 7, 2022, Defendants Shane, Reynaldo, and Annabelle Tuyor (“the Tuyor Defendants”) filed their motion for determination of good faith settlement. Summary Moving Arguments The...

Excerpt: ...ponses without objections to Defendant Hollywood Chamber of Commerce's Form Interrogatories (Set One) within 20 days after the date of this order. Defendant Hollywood Chamber of Commerce's Request for Admission (Set One) are deemed admitted. Sanctions totaling $1,072.50 are imposed on Plaintiff. Sanctions are due within 20 days after the date of this order. Moving party to provide notice and to file proof of service of such notice within five cou...

Excerpt: ...Natasha Ericta is ordered to appear for deposition within 30 days. Sanctions in the amount of $560 are awarded jointly and severally against Plaintiff Gutierrez and Plaintiff's Counsel of Record. Sanctions are due within 20 days after the date of this order. Sanctions in the amount of $560 are awarded jointly and severally against Plaintiff Ericta and Plaintiff's Counsel of Record. Sanctions are due within 20 days after the date of this order. Mo...

Excerpt: ...len Farzad Family Trust (“Trust”), Helen Farzad as trustee of the Helen Farzad Trust, and Kathy Farzad. Defendants filed their motion for summary judgment on July 22, 2022. Summary Moving Arguments Defendants argue that summary judgment is appropriate because no reasonable trier of fact could find in favor of Plaintiff. Specifically, Defendants argue that there are no triable issues of material fact over whether Plaintiff's fall was caused by...

Excerpt: .... Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. Background This is an action for battery, negligence, intentional infliction of emotional distress, premises liability, and negligent hiring, retention, training, and supervision arising from an altercation between Plaintiff and a security guard which took place in October 2020. Plaintiff filed her Complaint against Ni...

Excerpt: ...ns as well as all responsive documents with respect to Defendant Hollywood Chamber of Commerce's Request for Production of Documents (Set One) within 20 days after the date of this order. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. Background This is an action for negligence, premises liability, liability for dangerous condition of public property, and public empl...

Excerpt: ...d her Complaint against All Valley Washer Service, Inc. (“AVWS”), HNG Trade, LLC (“HNG”), and Xiaohong Tang on December 31, 2020. On March 4, 2021, AVWS filed its Cross-Complaint against HNG for implied indemnity, express indemnity, contribution, and declaratory relief. On August 8, 2022, AVWS filed its motion for summary adjudication against HNG. Although AVWS alleges HNG filed a cross-complaint against AVWS, it appears the cross-complai...

Excerpt: ...f of service of such notice within five court days after the date of this order. Background This is an action for motor vehicle negligence, negligence per se, and negligent hiring, supervision, and retention arising from a vehicle collision that took place in October 2021. Plaintiff Luis Rodriguez filed his Complaint against Avim R. Jones, the Lost Angeles County Metropolitan Transportation Authority (“MTA”), and the Los Angeles County Board ...

Excerpt: ...d to file proof of service of such notice within five court days after the date of this order. SUMMARY JUDGMENT MOTION Background This is an action for premises liability arising from a trip and fall incident which took place in June 2019. Plaintiff Valena Mitchell filed her Complaint against Pickford Investment Group, LLC on December 1, 2020. Plaintiff was at work when the trip and fall occurred. Plaintiff brings this action against Defendant, t...