Excerpt: ...ed Plaintiff with special interrogatories (set one). After multiple extensions, Plaintiff's counsel failed to provide timely responses. On March 15, 2024, Defendant filed this motion to compel Plaintiff's responses to the special interrogatories and request for sanctions. LEGAL STANDARD ¿¿ If a party to whom interrogatories or an inspection demand were directed fails to serve a timely response, the propounding party may move for an order compel...

Excerpt: ...g Party: No opposition. BACKGROUND This is a lemon law action. Plaintiff Khachatour C. Papazian filed a complaint against General Motors LLC and Cada De Cadillac for 1. Breach of Express Warranty under the Song Beverly Consumer Warranty Act; 2. Breach of Implied Warranty under the Song Beverly Consumer Warranty Act; 3. Violation of Business and Professions Code §17200; and 4. Negligent Repair. On January 28, 2021, Plaintiff purchased from an aut...

Excerpt: ...of Objections. Evidentiary Objections : Overruled . Defendant objects to the following portions of Andrew V. Jablon's Declaration: OBJECTION NO. 1: Paragraph 5, page 10, lines 21 -22: “Upon receiving the RFAs and Form Interrogatories (collectively, the ‘Discovery'), it was forwarded to a legal assistant for calendaring, as is the custom and practice of RPB.” Lack of persona l knowledge (Evid. Code § 702(a)) OBJECTION NO. 2: Paragraph 6, pa...

Excerpt: ...City of LA”), City of Calabasas, and Does 1 through 100 for injuries arising from a slip and fall. Plaintiff alleges she was riding her bicycle on July 22, 2020 on Valmar Road at or near the intersection with Brenford Street when her bicycle slid on the water and algae in the street, causing her to fall and sustain injury. (FAC at ¶ 11.) Plaintiff sets forth two causes of action for (1) dangerous co ndition of public property against all defen...

Excerpt: ...nvestments, LLC (“Plaintiff”) was not the initial owner or landlord under the l ease; at no time has Plaintiff given Defendants notice of a change in ownership; Plaintiff did not enter into a lease agreement with either Defendants; Plaintiff lacks standing to demand rent because a change of ownership was not provided under Civil Code 1962; and Plaintiff had previously declared that the lease was forfeited, such that Plaintiff is entitled only...

Excerpt: ...the other motions by Union Pacific Railroad. Moving party to give notice. 2. 2. Union Pacific Railroad Company's Motion for Summary Judgment Or, In The Alternative, Summary Adjudication As to Plaintiff State Farm General Insurance Company's Complaint Union Pacific Railroad Company's Motion for Summary Judgment Or, In The Alternative, Summary Adjudication As to Plaintiff State Farm General Insurance Company's Complaint is CONTINUED TO 05/21/2024, ...

Excerpt: ... Documentary Evidence 4. Compendium of Evidence 5. Declaration of Kathleen A. Stosuy OPPOSITION PAPERS: 1. Memorandum of Points and Authorities in Opposition to Motion for Summary Adjudication 2. Separate Statement of Disputed Material Facts 3. Declaration of Waukeen McCoy 4. Declaration of Vinay Ginjupalli 5. Declaration of Philip Bickler, M.D. 6. Declaration of Daniel Brelian M.D. 7. Declaration of Elena Rubin, M.D. 8. Declaration of Andrew Pha...

Excerpt: ...) ( collectively, “Plaintiffs”) filed this action against defendant Julien Brunet (“Defendant”) and Does 1 -15 for damages arising from a motor vehicle accident. Defendant now moves for terminating sanctions against Plaintiffs for failing to serve verified discovery responses in compliance with the Court's February 7, 2024 Order pertaining to Defendant's motions to compel discovery responses. Plaintiffs are in pro per. Defendant filed a c...

Excerpt: ...settin g is necessary to prevent prejudicing her interest in this litigation. The motion is granted. Under Code of Civil Procedure section 36, subdivision (a), “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1)¿The party has a substantial interest in the action as a whole[, and] (2)¿The health of the party is such th...

Excerpt: ...nts Jonah Nok Him Woo and Tommy Woo's Motion to Compel Response to Request for Production of Documents is GRANTED. Plaintiff Amaya Molina shall serve code -compliant responses to Defendants Jonah Nok Him Woo and Tommy Woo's Request for Production of Documents, Set One, without objections, within thirty (30) days of entry of this order. Defendants Jonah Nok Him Woo and Tommy Woo's Request for Monetary Sanctions is GRANTED in the reduced amount of ...

Excerpt: ...ividual PAGA claims. No opposition was filed. [FN 2] TENTATIVE RULING: Defendant's Motion to Compel Arbitration of Plaintiff's individual claims is GRANTED. Plaintiff's representative claims are stayed pending the results of the arbitration. A Status Review/OSC re: Dismissal is set for May 2, 2025 at 8:30 a.m. Defendant is ordered to give notice, unless waived. DISCUSSION: Motion to Compel Arbitration 1. Judicial Notice Pursuant to Defendant's re...

Excerpt: ...suit, the Roldon and Aronow issues raised in the Opposition require a fuller development of the record bearing on Plaintiff's ability to pay her half of the arbitrator's fees I. BACKGROUND¿ ¿ A. Factual ¿ On February 9, 2024, Plaintiff, Sheena Newman (“Plaintiff”), filed a Complaint against Defendants, Rombro & Manley LLP and DOES 1through 20. The Complaint alleges causes of action for: (1) Legal Malpractice; and (2) Breach of Fiduciary Du...

Excerpt: ...pril 25, 2024. The motion to compel deposition of Honda's PMQ is GRANTED. II. LEGAL STANDARD “If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In that event, the deponent shall designate and produce at the deposition those of its office rs, directors, managing agents, employees, or agents who are most qualified to testify on its behal...

Excerpt: ...g -Beverly Act – Breach of Implied Warranty; and (3) Violation of the Song -Beverly Act Section 1793.2. RELIEF REQUESTED¿ Plaintiff, Wenderson Alexandrino, moves for an order to compel responses, without objections, to Plaintiff's Requests for Production of Documents, Set One. Plaintiff's Requests for Production of Documents, Set One, was initially served and propounded on De fendant by Plaintiff on January 9, 2024. This Motion is made pursuan...

Excerpt: ...5.230. Additionally, Plaintiff requests an order imposing sanctions against Honda and its counsel of record, Clark Hill LLP in the amount of $2,490.00 . RULING : The motion is granted as set forth below . SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Olivia Morena Posada aka Olivia M. Posada's (Plaintiff) lease of a 2022 Honda CR -V (the Vehicle) pursuant to a “Closed -Ended Motor Vehicle Lease Agreement – Californ...

Excerpt: ...bry (“Plaintiff”) to appear for his deposition and to pay monetary sanctions. On June 14, 2023, Defendants noticed Plaintiff's deposition for September 22, 2023. The deposition was taken off -calendar in order for the parties to meet and confer regarding Plaintiff's written discovery responses. Defense counsel emailed to propose new dates to take Plaintiff's deposition, and after not hearing from Plaintiff's counsel, Defendants served a secon...

Excerpt: ...AND REQUEST FOR MONETARY SANCTIONS Dept. 3 8:30 a.m. May 2, 2024 ) I. INTRODUCTION On January 3, 2023, plaintiff Socorro Cabral (“Plaintiff”), indi\ vidually and as successor in interest to Tovias Espinoza (“Espinoza”), fi\ led this action against defendant Shlomo Rechnitz (“Defendant”), Alhambra Health\ care & Wellness Centre, LP dba Alhambra Healthcare and Wellness Centre (“AHWC”), and Boardwalk West Financial Services, LLC (“...

Excerpt: ...iff further requests monetary sanctions against Defendant in the total amount of $1, 560.00. TENTATIVE RULING: The unopposed motion is granted. Defendant is ordered to provide objection -free responses to Plaintiff's first set of discovery requests within 20 days. The Court imposes sanctions against Defendant in the amount of $900.00. Plaintiff is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. ...

Excerpt: ...ecial Interrogatories The court considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court rules on plaintiff Seran Ng, D.M.D. Inc.'s evidentiary objections, filed on April 25, 2024, as follows: Objections Nos. 1 and 8 are overruled. Objections Nos. 2-7 and 9 are sustained. DISCUSSION Plaintiff Seran Ng, D.M.D. Inc. (“Plaintiff”) moves the court for an order (1) compelling defend...

Excerpt: ...o and Cynthia Zambrano's (collectively, “Plaintiffs”) further responses to Requests for P\ roduction of Documents, Set One, Nos. 21 and 25. Defendant also requests monetary sanctions in the amount of $1,750 to be imposed against Plaintiffs' a\ nd their counsel of record. Defendant argues that Plaintiffs' responses to RFP Nos. 21 and 25 consist of meritless objections. RFP No. 21 and No. 25. RFP No. 21 sough\ t “[a]ll DOCUMENTS reflecting an...

Excerpt: ...tion was filed by Plaintiff HUNG DAO on December 20, 2022. Plaintiff alleges that “[o]n September 17, 2021, Plaintiff entered into a warranty contract with FCA US LLC regarding a 2021 Jeep Wrangler….” (Complaint ¶14.) Plaintiff alleges tha t “[d]effects and nonconformities to warranty manifested themselves within eh applicable express warranty period, including but not limited to electrical, transmission, exterior, and structural.” (Id...

Excerpt: ...F'S MOTION TO COMPEL FURTHER RESPONSES TO RPDS IS GRANTED IN PART. PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO RFAS IS GRANTED. DEFENDANT'S MOTION TO COMPEL COMPLIANCE WITH A COURT ORDER IS GRANTED. THE REQUEST FOR SANCTIONS IS DENIED. PLAINTIFF'S MOTION FOR PROTECTIVE ORDER IS DENIED. THE PARTIES ARE ORDERED TO SERVE FURTHER RESPONSE TO THE SUBJECT DISCOVERY WITHIN 10 DAYS OF NOTICE OF RULING. DEFENDANT TO NOTICE. If the parties wish to su...

Excerpt: ...nt Vartan Darbinyan Notice: Sufficient Ruling: MOTION TO COMPEL INITIAL RESPONSES TO FORM INTERROGATORIES, SET ONE, REQUEST FOR PRODUCTION, SET ONE, AND SPECIAL INTERROGATORIES, SET ONE, AND MOTION TO DEEM REQUEST FOR ADMISSIONS, SET ONE, ARE ADMITTED AND REQUESTS FOR SANCTIONS ARE GRANTED Background On May 9, 2022, Plaintiff filed the present complaint for premises liability against Defendants Tigran Kazarian and Vartan Darbinyan. On November 20...

Excerpt: ...njury cases and exams arranged by stipulation, a court order is required for a physical or mental examination. Such order may be made only after notice and hearing, and for “good cause shown.” (CCP § 2032.320(a).) The examination will be limited to whatever condition is “in controversy” in the action. (CCP § 2032.020 (a).) This means the specific injury or condition that is the subject of the litigation. The examination must be directly...

Excerpt: ...on against the City of Los Angeles (sued as the “Los Angeles Police Department”) (hereafter, the “City”).¿ On March 25, 2022, the court sustained the City's demurrer, in part, without leave to amend as to Plaintiff's First Cause of Action for Willful Perjuries, the Serious Violation of the Federal Laws. On January 5, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”).¿ The FAC alleges causes of action for (1) Willfu...