Excerpt: ...r summary adjudication as to Issues #2 and #3 are denied. 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 On May 3, 2018, Plaintiff Jose de Jesus Aguilar (“Plaintiff”) initiated this action against Defendants Furniture of America California, Inc. (“FOAC”), Kamran Staffing, Inc. (“Kamran”), Solvis Staffing Services, Inc. (“Solvis”)...

Excerpt: ...he event that proof of service has been filed and I have missed it, please let me know. In that event, the tentative is as follows. If Ms. Hightower has not been served or if Ms. Hightower was served, but no proof of service was filed, please discuss a continuance date with the Judical Assistant Plaintiff Veronica Pellot's Motion to Compel the Deposition of Non-Party Witness Kimberly Hightower and Production of Requested Documents and Things is g...

Excerpt: ...n action seeking recovery for payments made in connection with a motor vehicle accident that occurred on or about May 30, 2019. On January 5, 2021, Plaintiff State Farm Mutual Automobile Insurance Company filed a complaint against Defendant Erwin Batres for subrogation. On October 13, 2021, dismissal of the action was entered. On April 18, 2022, Plaintiff filed a motion to vacate dismissal and enter judgment. No opposition has been filed. Summary...

Excerpt: ...rred on October 17, 2018. The complaint alleges a cause of action for motor vehicle negligence. On September 21, 2021, Defendant Linda Lee Klein-Canizales moved for summary judgment against Plaintiff Petrosyan only. On June 22, 2022, Plaintiff Petrosyan filed an opposition to Defendant's motion for summary judgment. On July 8, 2022, Defendant filed a reply to Plaintiff's opposition. Summary of Arguments Defendant argues that she is entitled to su...

Excerpt: ...ve court days after the date of this order. Background This action arises from an incident that occurred on February 18, 2020 where Plaintiff fell due to a dangerous condition on Defendants' property. On February 14, 2022, Plaintiff Cynthia D. Thompson filed a complaint against Defendants Lot, Inc.; Sony Pictures Entertainment Inc.; Sony Group Corporation; Sony Entertainment Inc.; and Sony Pictures Studios, Inc. for premises liability. On April 1...

Excerpt: ...o filed the pleading demurred to, in person or telephonically, for the purposes of determining whether an agreement can be reached through a filing of an amended pleading that would resolve the objections to be raised in the demurrer. (Code Civ. Proc., § 430.41.) Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747.) When considering demurrers, courts read the ...

Excerpt: ...ff and Plaintiff's counsel of record jointly and severally within thirty (30) days after the date of this order. Moving party is ordered to give notice and to file proof of service of such notice within five court days after the date of this order. Background On March 1, 2021, Plaintiff Tamika Upshaw (“Plaintiff”) filed a complaint against Defendants Alisa Diana Battiste, Oscar Medrano, Norman Bee Coe, and Does 1-50 inclusive (collectively, �...

Excerpt: ...file proof of service of such notice within five court days after the date of this order. Background On April 27, 2022, Plaintiff Eduin Javier Cruz Mejia (“Plaintiff”) filed a complaint against Defendant Wul Seun Kim and Does 1-25 inclusive (“Defendant”) alleging causes of action for motor vehicle negligence and general negligence This action arises out of a motor vehicle collision that occurred on May 15, 2019. On May 20, 2022, Defendant...

Excerpt: ...e the next hearing. Plaintiff is ordered to file and serve a supplemental declaration no later than five (5) days before the next hearing, describing how his present motion satisfies the requirements of Code of Civil Procedure sections 1008 or 437, subdivision (f)(2). Moving party is ordered to provide notice and to file proof of service of such notice within three court days after the date of this order. Legal Standard The purpose of a motion fo...

Excerpt: ... a medical malpractice action. Plaintiff Eduardo Sigal alleges that, on November 23, 2019, he went to Defendant The Regents of the University of California (“Regents”) complaining of right-sided abdominal pain. Plaintiff alleges he was evaluated, admitted, worked up for appendicitis, and negligently discharged. Plaintiff alleges Defendants negligently failed to inform him of the risks and alternatives involved in his care and treatment and fa...

Excerpt: ...r “Defendant”) alleging : (1) general negligence, (2) intentional tort and (3) breach of contract, and is seeking compensatory and punitive damages. (Compl., p. 4-5). The punitive damages are requested with respect to only the second cause of action, intentional tort. This case arises out of an incident that took place in 2020 when Defendant, a dentist, extracted Plaintiff's right front tooth to replace it with an implant and the result led t...

Excerpt: ...s Admitted DECISION The motions are granted. Plaintiff is ordered to serve verified responses without objections to Defendant Wheels Labs, Inc.'s Form Interrogatories, Special Interrogatories and Requests for Production within 20 days after the date of this order. The requests for admission are deemed admitted by Plaintiff. Plaintiff is ordered to pay sanctions in the amount of $943.00 within 20 days after the date of this order. Moving party is ...

Excerpt: ...urrer filed in the case. 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 On March 15, 2022, Plaintiffs Loomis Zayzay and Augustus Edwards (“Plaintiffs”) filed a complaint against Defendants Three Group, Inc. (doing business as Crazy Girls) (“TGI”), V & J Parking Services Inc. (“V&J”), and 50 Doe defendants alleging a robbery. The oper...

Excerpt: ...oof of service of such notice within five court days after the date of this order. Background On April 24, 2020 Plaintiff Samuel Jaime (“Plaintiff”) filed a Complaint. The operative pleading is the First Amended Complaint (“FAC”) which asserts causes of action for (1) battery, (2) negligence – premises liability, (3) negligence, and (4) negligent hiring, retention, training, and supervision against several Defendants including Defendant...

Excerpt: ...specified matters of fact, opinion relating to the facts, or application of the law to the facts. (CCP Section 2019.010(e), 2033.010.) A request may relate to a matter that is in controversy in the litigation. (CCP Section 2033.010.) Moreover, a request may ask for a legal conclusion. (Grace v. Mansourian (2015) 240 CA4th 523, 530.) When a propounding party believes that the responses to RFAs are deficient or that objections to the RFAs are not p...

Excerpt: ...d causes of action; OVERRULED as to the fourth, fifth, and sixth causes of action; and SUSTAINED without leave to amend as to the seventh cause of action. Plaintiffs are granted leave to plead factual allegations supporting conspiracy liability in the general allegations and/or the remaining causes of action. Plaintiffs may file and serve a First Amended Complaint within 45 days after the date of this order. Moving party is ordered to give notice...

Excerpt: ...dants Royal Excel Enterprises Corp, Roman James Design Build, Inc, Roman James, 521 Canon Dr., LLC, and Does 1-100 alleging a cause of action for negligence This action arises out property damage that occurred in September 2016. On July 23, 2021, Plaintiffs filed two requests for dismissal with prejudice, one for Defendant Roman James and one for Defendant Roman James Design Build, Inc. The Court entered these two dismissals on July 29, 2021. Alt...

Excerpt: ... court intervention. 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 On October 8, 2020, Plaintiff Miguel A. Lopez Hernandez (“Plaintiff”) filed a Complaint against Defendant Kevin Patrick Skahill, and Does 1-25 (“Defendant”) alleging a cause of action for negligence arising from a motor vehicle collision that occurred on January 14, 2019...

Excerpt: ...ndants Superior Protection Services CA, Inc.; John Doe; and Does 1 through 100 for assault, battery, intentional infliction of emotional distress, negligence, and negligent hiring, supervision, and retention. (Complaint, p. 1). Specially appearing Defendant Mark Johnson (hereinafter “Defendant”) moves the Court to dismiss this action against him on the grounds that service of process on Defendant was untimely, and that Plaintiff's amendment t...

Excerpt: ...ngs 5-court days prior to 12/14/2022. Moving party is ordered to provide notice. Background On February 24, 2022, Plaintiff Tadeh Bazukul filed a Complaint against Awedis and Uber Technologies, Inc. (“Defendant” or “Uber”) and Does 1 to 50 based on vehicular negligence. According to the complaint, Plaintiff was a passenger in a vehicle being driving by an individual who picked Plaintiff up via the Uber application and subsequently caused ...

Excerpt: ...in five court days after the date of this order. Background This action arises from a motor vehicle accident that occurred on June 4, 2019. On May 27, 2021, Plaintiff Andrew Chong Pfeiffer filed a complaint against Defendant Eduardo Blanco and Austin Turner Trucking, Inc. for (1) motor vehicle and (2) general negligence. On May 18, 2022, Proposed Intervenor Hudson Insurance Group filed a motion for leave to intervene. No opposition has been filed...

Excerpt: ...ate of this order. Background On April 27, 2022, Plaintiff Christina Okhkian filed a complaint against Defendant Samvel Tumasyan. On May 26, 2022, Defendant filed a demurrer to complaint. No opposition has been filed. Summary of Arguments Moving Arguments Defendant demurs to the entire complaint on grounds that it is uncertain and fails to plead sufficient facts to constitute causes of action against Defendant. Legal Standard A demurrer for suffi...

Excerpt: ...ring as to Defendant Three Group, Inc. The demurrer is overruled with respect to the causes of action for negligence and premises liability. Plaintiff has leave to file and serve an amended complaint within 45 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 case alleges causes of action for (1) Assault; (2)...

Excerpt: ... court days after the date of this order. Summary of Action On February 25, 2022, Plaintiff pro per filed this action seeking damages based on wrongful death, misrepresentation, and negligence against Defendant Glendale Adventist Medical Center dba Adventist Health Glendale (“Defendant AHGL”). Defendant AHGL filed this demurrer and request for judicial notice on May 25, 2022. No opposition has been filed and service is proper. Grounds for Mot...

Excerpt: ... Session, deceased, Micah Session, Son of Marlon Lamont Session, deceased (collectively “Plaintiffs”) filed a Complaint against Defendants Gardena Hospital, L.P. dba Memorial Hospital of Gardena (erroneously named and sued as Memorial Hospital of Gardena, M.D.), Los Angeles County Metropolitan Transportation Authority, and Does 1-20 (collectively “Defendants”) for wrongful death, governmental negligence, and medical malpractice arising ou...

Excerpt: ...ment. On May 24, 2022, the Order to Show Cause Re: Dismissal Failure to Enter Default Judgment (review of default judgment received 5/23/22) was scheduled for June 23, 2022. PARTY'S REQUEST Plaintiff Ludwin Rodriguez requests the Court grant the application as to Defendant Maria Villarreal in the total sum of $115,162.50 consisting of $54,576.10 in special damages and $60,000.00 in general damages and $586.40 in costs. LEGAL STANDARD CCP § 585 p...

Excerpt: ...after the date of this order. Defendant is ordered to give notice of this ruling and file proof of service of the ruling with the Court within five court days after the date of this order. Background On December 30, 2019, Plaintiff Omar Acuna (“Plaintiff”) filed a complaint against Defendants Thao Thi Tran and Does 1-50, inclusive (“Defendants”) alleging a cause of action for negligence arising out of a motor vehicle accident that occurre...

Excerpt: ...t leave to amend. However, if Plaintiff seeks to allege a claim for punitive damages in the future, this order shall not preclude a motion for leave to amend pursuant to Code of Civil Procedure § 425.13. Defendant Glendale Adventist is ordered to file its answers 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. B...

Excerpt: ...e accident that occurred on or about August 1, 2021 involving a vehicle rented out by Plaintiff to Defendant Sulaiman Alqatani. On February 22, 2022, Plaintiff Falcon Beverly Hills, LLC filed a complaint against Defendants Albert Widjaya Pranoto (“Pranoto”), ZG Valet, and Does 1 to 100 for (1) civil damages for theft (Penal Code § 496(c)), (2) conversion, (3) breach of bailment, and (4) negligence. On May 9, 2022, Defendant Pranoto filed a d...

Excerpt: ...ctober 2019, Plaintiff Lena Manukyan (“Plaintiff”) filed this action against Defendants, Nestle Avenue Charter School, Los Angeles Unified School District (“LAUSD”), and Does 1-50 for liability for Negligence, Government Tort Liability, and Premises Liability. This action arises out an incident where Plaintiff fell when a chair in the teacher's lounge collapsed when Plaintiff was sitting on it while on her break at Nestle Avenue Charter S...

Excerpt: ...On March 29, 2021, Plaintiff Rabi Shimon Halleluyan (“Plaintiff”) filed a complaint against Defendant Sharon Tay and Does 1-20 inclusive (“Defendant”) alleging a cause of action for negligence arising out of a motor vehicle collision that occurred on April 15, 2019. On April 1, 2022, Defendant filed a motion to compel compliance with the deposition subpoena of San Fair Cleaners. On June 2, 2022, Plaintiffs filed an opposition to Defendant...

Excerpt: ...responses need to be fixed to fully comply with the discovery rules, Plaintiff indicates that Plaintiff does not have these records. Defendants understandably want these records. It seems that a subpoena to the cell service provider would resolve this problem. Plaintiff indicates that Plaintiff would sign the necessary paperwork so that these records could be obtained without a motion to compel. Moving party is ordered to provide notice and to fi...

Excerpt: ...court days after the date of this order. Background On March 14, 2020, Plaintiff who was driving at the time was struck by a vehicle traveling at a high rate of speed that ran a stop sign. The vehicle that struck Plaintiff was being pursued by the City of Long Beach Police Department. The impact of the collision caused Plaintiff to land on top of a parked vehicle and sustain severe bodily injuries and damages that Plaintiff alleges was a direct r...

Excerpt: ...intiff Michael Hayes (“Plaintiff”) filed a Complaint against Defendants James Porterfield, BBI Holdings, LLC, Pouch Express, Inc., Box Brokers, Inc., Lite Line Frame Bags, and Does 1-50 alleging three causes of action for (1) negligence, (2) assault, and (3) battery for a pedestrian versus motor vehicle accident that occurred on March 18, 2022. On May 24, 2022, Defendants James Porterfield, BBI Holdings, LLC, Pouch Express, Inc., Box Brokers,...

Excerpt: ...osition within 20 days after the date of this order. In any event, the request for sanctions in the amount of $3,523.45 is granted against Plaintiff and Plaintiff's counsel jointly and severally. Sanctions are due within 20 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 On June 7, 2020, Carlos Torres (“Plaint...

Excerpt: ...rative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault, are barred pursuant to CCP section 877.6(c). OSC Re: Dismissal of Defendant/Cross-Complainant Rizalina B. Merton is et for 07/14/2022 at 8:30 a.m. in Department 30 of the Spring Street Courthouse. 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. Ba...

Excerpt: ...days after the date of this order. Background Facts Plaintiffs Silvia Guzman (“Guzman”), individually and as Executor of the Estate of Salvador Guzman, deceased, and Berta Ramirez (“Ramirez”) (collectively, “Plaintiffs”) filed this action against Defendants City of Los Angeles (the “City”) for damages arising out of the alleged wrongful death of Decedent Salvador Guzman (“Decedent”). The complaint alleges that on July 19, 2019...

Excerpt: ...ne Mujica (“Plaintiff”) filed a Complaint against Defendants Uber Technologies, Inc., Jose Genaro Chavez, and Does 1-50, inclusive (collectively “Defendants”), alleging four causes of action for 1) motor vehicle negligence, 2) general negligence, 3) intentional tort, and 4) exemplary damages arising out of an automobile collision that occurred on March 1, 2020. On May 23, 2022, Defendant Jose Genaro Chavez filed this instant motion to str...

Excerpt: ...are payable within 20 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 On July 25, 2019, Plaintiff, Cecil Bowens, filed a Complaint asserting a cause of action for motor vehicle negligence against Defendants, Jeffrey Johnson and Los Angeles County Metropolitan Transportation Authority. Plaintiff alleges Jeffrey J...

Excerpt: ...Arnold, filed a Complaint asserting claims arising from the death of Kavin Arnold. Kimberly Arnold was his wife and Reyna Arnold was his daughter. The Plaintiffs allege that a dangerous condition on a roadway controlled by the Defendants, County of Los Angeles and State of California, caused Kavin Arnold to be in a single-car accident. The Plaintiffs then argue that a defect in the motor vehicle designed and manufactured by the Defendant, Ford Mo...

Excerpt: ...rro shall file a proposed judgment within 20 days after the date of this order. Moving party is ordered to provide notice. Background This action arises out of a motor vehicle accident that occurred on or about December 3, 2018. On June 12, 2019, Plaintiff Eyal Zinder filed a complaint against Defendants Belen Rodarte (“Rodarte”), Nicolas Guillendelgado (“Guillendelgado”), Javier Navarro Aparicio (“Aparicio”), Geovany Martinez (“Mar...

Excerpt: ...depositions. .Plaintiff is also ordered to appear at the hearing. Moving party is ordered to provide notice. Background On August 23, 2019, Plaintiff Jafar Rouhbakhyengejeh (“Plaintiff”) filed his Complaint alleging a cause of action for motor vehicle negligence against Defendant Beatrice Montanez (“Defendant”). On October 3, 2019, Defendant filed a Cross-Complaint against Plaintiff alleging a cause of action for motor vehicle negligence....

Excerpt: ...actice action. Plaintiffs Stephanie Yost (“Yost”) and Stephen Olson (“Olson”) (collectively “Plaintiffs”) allege that, on or about February 11, 2021, Plaintiff Yost consulted, retained, and/or employed Defendants Suzanne Trott, MD; Sayah Institute; and Ramin. A. Cohanim, MD (“Cohanim”) (collectively “Defendants”) as health care providers and specialists to examine, diagnose, advise, care, treat and administer to Yost's medical...

Excerpt: ...ses were served on Plaintiff after the due date for Plaintiff's reply brief with respect to the motion to compel further. In its motion, Uber states that Uber's supplemental discovery responses “are provided as Exhibits B to D to the Declaration of Dennis B. Kass attached hereto.” (Uber's Motion at page 3.) The actual discovery responses are not in fact provided. All that is provided are proofs of service and first pages of discovery response...

Excerpt: ... This amount is capped at $15,000. The motion is set for hearing on December 9, 2022, so Defendant has sufficient time to file a new motion, or to file any additional documents needed to address the changed circumstances. Legal Standard Code of Civil Procedure section 473, subdivision (a)(1) provides in relevant part that the Court “…may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proc...

Excerpt: ...t a date for Dr. Kasimian's deposition may be ordered. Moving party is ordered to provide notice. Discussion A party seeking to depose an expert witness shall pay the expert's reasonable and customary hourly or daily fee for any time spent. (Code of Civ. Proc., § 2034.430(b).) If the party seeking to the take the deposition of an expert witness deems the hourly or daily fee of that expert to be unreasonable, that party may move for an order sett...

Excerpt: ...on Homes, Which Will Do Business in California as WLH Development, Inc, Brookfield Los Angeles Builders Inc. dba Brookfield Residential, Brookfield Homes Services, LLC, and Does 1 to 100, Inclusive alleging a single cause of action for premises liability. (Compl., p. 3). These allegations arise from an alleged incident that took place on September 17, 2018 when Plaintiff was at 864 E. Promenade in Azusa, California when he tripped and or fell int...

Excerpt: ... ruling and to file proof of service of such notice within five court days after the date of this order. Background Plaintiff, Geros Zargaryan, claims he suffered personal injuries in a motor vehicle accident caused the Defendant, Xarvion Johnson. The Plaintiff alleges Xarvion Johnson was a chauffeur acting within the course and scope of his employment with Defendants, Devko, Inc., Kevin Illingworth, and Classique Worldwide and that these Defenda...

Excerpt: ...laintiff is also ordered to appear at the hearing. Moving party is ordered to provide notice. Background On August 23, 2019, Plaintiff Jafar Rouhbakhyengejeh (“Plaintiff”) filed his Complaint alleging a cause of action for motor vehicle negligence against Defendant Beatrice Montanez (“Defendant”). On October 3, 2019, Defendant filed a Cross-Complaint against Plaintiff alleging a cause of action for motor vehicle negligence. On April 29, 2...

Excerpt: ...ges arising out of trip and fall on Defendant's property. On August 4, 2020, Plaintiff filed an Amendment to Complaint naming Jose Luis Hernandez Cuellar OBA Victoria Market (“Cuellar”) as Doe 1. The complaint asserts causes of action for negligence and premises liability. 1865 filed a cross-complaint against Cuellar for express indemnity, breach of contract, implied equitable indemnity, equitable contribution, and declaratory relief. Cuellar...