Excerpt: ...Ismael Cabuto, Antonio Cabuto Zambrano, and Maria Barbas Sanchez (Defendants) move to compel Plaintiff Clarence Davis' (Plaintiff) deposition. Plaintiff opposes. LEGAL STANDARD “If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in the deposition no...

Excerpt: ...t that [a] settlement was made in good faith shall bar any other joint tortfeasor . . . from any further claims against the settling tortfeasor . . . for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.” (Code Civ. Proc. § 877.6 (c).) Any party to an action may move for an order determining whether a settlement between the plaintiff and one or more alleged tortfeasor...

Excerpt: ...rt OPPOSITION PAPERS 1. Plaintiff's Opposition 2. Opposition to Separate Statement of Undisputed Material Facts 3. Plaintiff's Index of Exhibits in Support REPLY PAPERS 1. Reply in Support of Motion 2. Reply to Separate Statement BACKGROUND On June 1, 2021, Plaintiff Judicial Council of California (Plaintiff) filed a complaint against Defendant County of Los Angeles (Defendant) for property damage after Defendant's employee allegedly damaged Plai...

Excerpt: ...ed on June 15, 2020. Plaintiff now moves to quash ten subpoenas issued by Defendants and directed to various medical facilities. Plaintiff also seeks monetary sanctions. Defendants oppose. LEGAL STANDARD Code of Civil Procedure § 1987.1(a) states: If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at t...

Excerpt: ...s currently set for March 13, 2024. ANALYSIS Legal Standard “Continuances are granted only on an affirmative showing of good cause requiring a continuance.”¿ (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.)¿ A trial court has broad discretion in considering a request for a trial continuance.¿ (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.)¿ California Rules of Court, rule 3.1332 sets forth factors for the Court to con...

Excerpt: ... Bautista (“Bautista”) for damages related to a motor vehicle accident. On December 27, 2022, Defendant Bautista propounded Requests for Production of Documents, Set One on Plaintiff. Plaintiff served verified responses on August 7, 2023. (Joseph Decl. ¶ 4.) Bautista now moves to compel further responses to numbers 5, 8–11, 13, 17, 19–20, 23, 26, 29, 32, 34, 45–55. Defendants also bring a separate motion to compel initial responses to ...

Excerpt: ...n the scope of employment with Pacific Global Consolidators Inc. (PGC). On August 18, 2023, Plaintiff served a notice of deposition and production of documents on PGC's employee, Clarise Lai. PGC now moves for a protective order to quash the deposition. Plaintiff opposes. LEGAL STANDARD Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order. The...

Excerpt: ...nt) by substitute service on April 16, 2021. On October 13, 2022, default was entered against Defendant. On September 12, 2023, Plaintiff requested default judgment against Defendant. The Court has not granted defaulted judgment yet. On September 12, 2023, Defendant, making a special appearance, filed the instant motions to set aside entry of default and quash service of the summons and complaint. No opposition has been filed. ANALYSIS Set Aside ...

Excerpt: ... No opposition has been filed. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses. (Code Civ. Proc. § 2030.290 (b).) Failure to timely respond waives all objections, including privilege and work product, unless “[t]he party has subsequently served a response that is in substantial compliance” and “[t]he party's fai...

Excerpt: ...ngful death of Decedent Jonathan Dongin Jung (Decedent). Plaintiffs alleges that Defendant's security guards attacked Decedent and caused his death. On July 14, 2023, Defendant took the deposition of Plaintiff Vanessa Jung Tirman (Plaintiff) where Defendant attempted to show Plaintiff surveillance video of the alleged attack. Plaintiff's counsel ended the deposition. Defendant now moves to compel Plaintiff's deposition testimony regarding the sur...

Excerpt: ...mber 10, 2021, Plaintiff Jason Neil Henkey (Plaintiff) filed a complaint against Defendants City of Glendale, Cao Son Do, and Does 1 to 50 for premises liability, dangerous condition of public property, and willful failure to warn. Plaintiff alleges that he tripped on uneven pavement on a sidewalk in front of 426 Coutin Lane, Glendale, California 91206 and that the sidewalk was under the “custody, control, and maintenance” of Defendant Cao So...

Excerpt: ..., Plaintiff was granted default judgment against Defendants Jose Martin Lopez Graciano, Gisela Graciano, Jose P. Arguelles, and Rosa A. Arguelles. On January 18, 2023, Defendants Jose P. Arguelles and Rosa A. Arguelles' (hereafter “Defendants”) motion to vacate judgment was granted on the basis that they were not served the summons and complaint at their correct address and lacked actual notice. (Min. Order, 1/18/23.) On January 19, 2023, Def...

Excerpt: ...ringing seven causes of action. Defendants' demurrer to six causes of action was sustained with leave to amend. (Min. Order, 9/19/23.) On October 17, 2023, Plaintiffs filed a first amended complaint (FAC). Defendants now demur to the FAC arguing that Plaintiffs have again failed to state facts sufficient to constitute a cause of action for the following: - First Cause of Action for Battery - Third Cause of Action for Intentional Infliction of Emo...

Excerpt: ...nce. Plaintiff alleges that on January 3, 2021, “at or near the 2600 block of Ocean Front Walk in Venice, California,” he was riding his bicycle on the beach bike path behind a motorized vehicle owned by Star Bike Rentals and operated by Benshalom or Does. Plaintiff alleges the motorized vehicle made a sudden left turn in front of Plaintiff, causing him to strike the vehicle and be ejected from his bicycle. (FAC, 4.) Defendant Beachfront Bike...

Excerpt: ...aint against Defendants Kyle Schroeder, Lyft, Inc., and Does 1 to 25 for negligence resulting from a motor vehicle accident. Plaintiff alleges that each Defendant was an employee or agent of the other and acting within the scope of employment. (Complaint ¶ 4.) Plaintiff also alleges that all Defendants breached their duty by “negligently entrusting, owning, operating, and/or maintaining” the subject motor vehicle. (Id. ¶ 9.) Defendant Lyft,...

Excerpt: ...Does 1 to 10 for negligence surrounding a motor vehicle accident. The complaint states the accident occurred in Cobb County, Georgia. Specially Appearing Defendants Driven Brands Holdings, Inc., IMO US Georgia, LLC, and IMO US South, LLC (Defendants) now move to quash service of the summons under Code of Civil Procedure section 418.10, arguing the Court lacks jurisdiction. No opposition has been filed. LEGAL STANDARD “A defendant . . . may serv...

Excerpt: ...ant, and that Defendant failed to respond to warnings about a violent tenant who later shot Plaintiff. On August 28, 2023, Plaintiff propounded Special Interrogatories, Set Two on Defendant. (Harings Decl. ¶ 2.) The interrogatory at issue seeks the contact information of a witness, Victor Quinonez (Quinonez). Defendant objected on privacy grounds and served its response on October 2, 2023. Plaintiff contends the response is deficient because con...

Excerpt: ...1. Defendant previously deposed Plaintiff on August 21, 2023, for nearly seven hours. Defendant now moves to compel additional time of at least ten hours to complete Plaintiff's deposition. Defendant also seeks monetary sanctions. Plaintiff opposes and Defendant replies. On December 5, 2023, the parties participated in an Informal Discovery Conference (IDC). The issues were not resolved, but the Court ordered the parties to submit a joint stateme...

Excerpt: ...or May 5, 2023. Trial was continued once pursuant to stipulation to January 10, 2024. ANALYSIS Legal Standard “Continuances are granted only on an affirmative showing of good cause requiring a continuance.”¿ (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.)¿ A trial court has broad discretion in considering a request for a trial continuance.¿ (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.)¿ California Rules of Court, r...

Excerpt: ...t. Defendants Parking Company of America Management, LLC and Maria Olortegui (Defendants) filed their answers on October 28, 2021 and November 2, 2021, respectively. Trial was initially set for February 6, 2023. On January 31, 2023, Defendants' ex parte application continuing trial, and all discovery cut-off dates, to June 12, 2023, was granted. (Min. Order, 1/31/23.) On May 2, 2023, the Court signed a stipulation and order continuing the trial a...

Excerpt: ...on and to stay the proceedings pending completion of arbitration. No opposition has been filed. LEGAL STANDARD The Federal Arbitration Act (FAA) governs a motion to compel arbitration when an agreement provides its ‘enforcement' shall be governed by the FAA. (Victrola 89, LLC v. Jamon Properties 8 LLC (2020) 46 Cal.App.5th 337, 346.) Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to ...

Excerpt: ...san Fitzgerald on September 7, 2000 (LASC Case No. BC236431). The initial action was voluntarily dismissed in 2002. Plaintiff refiled the action on July 17, 2018 against John and Slavko. On September 6, 2018, Slavko filed his Answer, along with his Cross-Complaint against Gerald and Susan Fitzgerald. Slavko died on November 13, 2018. Slavko's estate was substituted in as a defendant on July 22, 2022. [1] On July 25, 2023, the Court granted a moti...

Excerpt: ...n to March 15, 2024. ANALYSIS Legal Standard “Continuances are granted only on an affirmative showing of good cause requiring a continuance.”¿ (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.)¿ A trial court has broad discretion in considering a request for a trial continuance.¿ (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.)¿ California Rules of Court, rule 3.1332 sets forth factors for the Court to consider in ruling...

Excerpt: ...rning any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose…sanctions against anyone engaging in conduct that is a misuse of the discovery process.” (Code Civ. Proc. section 2023.030.) The court may impose a terminating sanction for misuse of the discovery process by any of the following: “(1) An order striking o...

Excerpt: ...) and it, was made in good faith. Co-defendant North Atlantic Investment Co., LLC (“NAI”) opposes and La Mexicana Meat Market replies. LEGAL STANDARD Under section 877.6 of the Code of Civil Procedure, “[a] determination by the court that [a] settlement was made in good faith shall bar any other joint tortfeasor . . . from any further claims against the settling tortfeasor . . . for equitable comparative contribution, or partial or comparat...