Excerpt: ...continuance. The FSC is currently set for August 3, 2018, and trial is set for August 17, 2018. Plaintiff seeks to continue these matters because Plaintiff's counsel will not be available for the first week of trial as scheduled. Plaintiff states that both parties have agreed to a short continuance so that Plaintiff's counsel will be able to attend trial. Plaintiff has submitted a stipulation signed by both counsel to continue trial as Exhibit A ...

Excerpt: ... BC677597 (this action) and BC682390 (Aiden Perez, et al. v. City of Long Beach, et al.). “Cases may not be consolidated unless they are in the same department. A motion to consolidate two or more cases may be noticed and heard after the cases, initially filed in different departments, have been related into a single department, or if the cases were already assigned to that department.” (Local Rule 3.3(g).) Both cases are currently assigned t...

Excerpt: ...�Defendants”) based on allegations of medical negligence. Plaintiff alleges that Defendants negligently provided care and treatment to him, causing him injury. Plaintiff is pursuing a claim of professional negligence against all defendants. Defendant Hrayr K. Shahinian, M.D. (“Dr. Shahinian”) moves for summary judgment against Plaintiff and her complaint. Plaintiff has filed an opposition. No reply was filed. Between the filing of this moti...

Excerpt: ...urt has reviewed the petition and finds the settlement fair and reasonable. The parties have an agreement for attorney's fees, which is attached to the petitions. The petition is properly verified by Petitioner. However, the Petition to Approve Minor's Compromise of Claim is DENIED without prejudice for the following reasons: 1. Plaintiff has not provided any proof of service of the petition on the other parties who have appeared in this action. ...

Excerpt: ...n the request for the continuance. The FSC is currently set for May 21, 2018, and trial is set for June 4, 2018. Defendant seeks to continue these matters to allow for the conclusion of discovery, including time to file discovery motions. Defendant states that the parties are scheduled to begin Plaintiff's deposition on April 30, 2018, and Plaintiff's IME is scheduled for May 1, 2018. If the out of state Plaintiff does not appear at the depositio...

Excerpt: ...pital has filed a notice of joinder to Shaprio's motion to consolidate. Both cases are assigned to Department 5. “Cases may not be consolidated unless they are in the same department. A motion to consolidate two or more cases may be noticed and heard after the cases, initially filed in different departments, have been related into a single department, or if the cases were already assigned to that department.” (Local Rule 3.3(g).) These cases ...

Excerpt: ... counsel.[1] Defendant Bowman has filed an opposition, and Plaintiff has replied. LEGAL STANDARD Pursuant to CCP §2025.450, if after service of a deposition notice, a party to the action, without having served a valid objection, fails to appear for examination, or proceed with it, or to produce for inspection any document, the party giving notice may move for an order compelling the deponent's attendance and testimony, and the production for ins...

Excerpt: ...f was injured due to a dangerous condition on public property under the control of defendant City of Pasadena. Defendant now seeks leave to file an FAC alleging a new cause of action against a newly discovered defendant. DISCUSSION CCP §473(a)(1) states: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correctin...

Excerpt: ... “the opposing party”) further responses to the Demand for Inspection and Production of Documents, set two. Pursuant to the Court's current Amended General Order Re: Personal Injury Court Procedures, which is available on the Los Angeles Superior Court website, lead or other designated counsel for the parties with full authority, must participate in an Informal Discovery Conference (“IDC”) before the Court will hear any motion to compel f...

Excerpt: ...erved Plaintiff Melgoza at her last known mailing address. Counsel also states that he has not been able to contact Plaintiff Melgoza. Counsel's office called Plaintiff Melgoza's mother in an attempt to find a new address for Plaintiff Melgoza, but Plaintiff Melgoza's mother also has been unable to locate the client. Counsel should have filled out section 3(b)(2), which addresses the efforts that Counsel should undertake if Counsel is unable to l...

Excerpt: ...018. Defendant's motion for summary judgment is CONTINUED to May 17, 2018, at 1:30 pm. The parties should note that for all future hearings, the parties are ordered to appear at the Court's new location effective April 16, 2018: 312 North Spring Street, Department 5, Los Angeles, CA 90012. In his opposition, Plaintiff cites to a document entitled “Plaintiff's Facts.” However, the Court has not received any document called “Plaintiff's Facts...

Excerpt: ... is currently set for September 18, 2018, and trial is set for September 28, 2018. The matters listed in the caption above were recently consolidated with another case (BC679438) in the Court's Order on February 20, 2018. Defendants seek to continue these matters to allow for an adequate time to investigate the newly consolidated matter. The lead case was file don October 11, 2016. The second case, filed by plaintiffs Jordan Boswell and Amy Masse...

Excerpt: ... defendant Ricardo Arellano (“Defendant”). <0055005200520049000300 00460048000300520049[ the summons and complaint stating that substituted service had been effectuated on Defendant's father. The proof of service filed May 9. 2017 did not state a date or time of service. On February 22, 2018, Defendant, specially appearing, filed the instant motion to quash service of process on the grounds that service was improper. JUDICIAL NOTICE Defendant...

Excerpt: ...covery responses on Plaintiff Margaret Ann Velas (“Plaintiff”) for: (1) Demand for Production of Documents (“DPD”), set one; (2) Form Interrogatories (“FROG”), set one; and (3) Requests for Admission (“RFA”), set one. <0016001300130003005300 004b0044005700030044[n untimely response results in a waiver of objections. However, both sections also provide that the Court may relieve the responding party from this waiver if two conditio...

Excerpt: ...xecuted a stipulation joining in the request for the continuance. The FSC is currently set for April 19, 2018, and trial is set for May 1, 2018. Defendant seeks to continue these matters to allow for mediation and the conclusion of discovery. Defendant states that the parties are scheduled to begin mediation on April 20, 2018 and hope to reach a settlement. If the mediation is not successful, then all parties will need more time to prepare for tr...

Excerpt: ...intiff”). Defendant requests that the Court compel responses to the following: (1) Special Interrogatories, set three (“SROG 3”); (2) Request for Production of Documents (“RPD 3”), set three; and (3) Form Interrogatories, set two (“FROG 2”). Defendant has also filed a fourth motion to deem admitted the Requests for Admissions (“RFA”), set one. Defendant also seeks sanctions. Plaintiff has not filed an opposition to any of these ...

Excerpt: ...ch was confirmed at Plaintiff's deposition, taken on March 7, 2018, within the past 30 days of filing the motion. Counsel also served this motion and supporting documents on all parties in this action. Counsel declares that there has been an irreparable breakdown in the attorney-client relationship. Counsel is ordered to appear at the April 12, 2018 hearing and submit a proposed order on form MC-053 as to each client. The proposed orders must lis...

Excerpt: ...tair on the property owned by defendant Rita Mongoven Miller (“Defendant”). Plaintiff filed this action against Defendant on September 1, 2016 and alleges a single cause of action for Premises Liability. EVIDENTIARY OBJECTIONS Defendant's Objections to Plaintiff's Evidence: Defendant objects to the Declaration of Mark J. Burns. The Court provides the following rulings as to the objections:  Objection 1: Overruled on all grounds. Mr. Burns ...

Excerpt: ...does not coincide with the area to which a business proprietor, inviting persons onto the proprietor's property possess a title or lease.” And, further: “Thus, a duty of the proprietor to maintain reasonably safe promises extends not only to all parts of the premises which a patron is expressly invited to use, but also such parts as he or she is impliedly invited to enter and those portions of the premises to which the invitee under the circu...

Excerpt: ...rs on a property where construction debris was left. Plaintiff initially filed suit against only defendant Essex Portfolio LP (“Moving Defendant”). However, on January 16, 2018, Plaintiff filed seven Doe Amendments naming new defendants. Moving Defendant now moves to file a proposed cross-complaint against four of these newly added defendants. DISCUSSION CCP §428.10 provides that a party against whom a cause of action has been asserted may f...

Excerpt: ... with the subpoena as of the date of the filing of this motion on March 19, 2018. Plaintiff has not filed any opposition to this motion. DISCUSSION Code of Civil Procedure § 1987.1 provides that “[i]f 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 the taking of a deposition, the court, upon motio...

Excerpt: ... LLC (“LogistiCare”) and LA Taxi Cooperative, Inc. dba Yellow Cab (“Yellow Cab”) (collectively, “Defendants”) on September 22, 2014. The complaint, filed on September 22, 2016, alleges causes of action for motor vehicle and general negligence. Defendants move for summary judgment against Plaintiff. Plaintiff has not filed an opposition. LEGAL STANDARD The function of a motion for summary judgment or adjudication is to allow a determin...

Excerpt: ...fendants Good Samaritan Hospital, Erica Davenport M.D., and Gary Arnold M.D. The complaint, filed on February 24, 2017, alleges claims of medical negligence and negligent infliction of emotional distress. On September 5, 2017, Plaintiffs filed an amendment to the complaint naming Stephen Pine, M.D. as Doe 5, and S. Pine, A Medical Corporation, as Doe 108. Defendants Stephen Pine, M.D. and S. Pine, A Medical Corporation (collectively, “the Pine ...

Excerpt: ...amed defendants in this action caused the death of their mother Damarys Moreno‐Miranda by failing to diagnose and treat a brain injury that resulted in her death. Defendant PIH Health Hospital (“Defendant”) moves to file a proposed cross‐complaint against Michael Shahangian, M.D, and his group, Dowrad Medical Group. Trial is currently set for June 4, 2018. Plaintiff opposes the motion, and Defendant has filed a reply. DISCUSSION CCP §428...

Excerpt: ...rsonal injuries when she slipped and fell on a wet walkway on the property owned or maintained by defendants The Muller company and Universal Building Maintenance, LLC dba Allied Universal Janitorial Services (“Defendants”). <0056005700030027004800 00030052005100030031[ovember 1, 2016 and alleges causes of action for Negligence/Premises Liability and Failure to Warn (of the dangerous condition of the property). EVIDENTIARY OBJECTIONS Plaintif...

Excerpt: ...a complaint on September 26, 2017, alleging two causes of action for premises liability and general negligence. (Compl. at pp. 4-- 5.) On March 5, 2018, Defendant Panorama Gardens, LLC (“Defendant”) filed a demurrer to the first and second causes of action together with a request for judicial notice. Plaintiffs did not file an opposition. Plaintiff's complaint arises from alleged injuries sustained while she was on “Defendants (sic) facilit...

Excerpt: ... Nahas (“Nahas”), 1430 Cahuenga Partners L.P. (“Cahuenga Partners”), and Case Management LLC (“Case Management”) (collectively, “Moving Defendants”). RESPONDING PARTY: Plaintiff, Andrew Cohan (“Plaintiff”) The court considered the moving and opposition papers. BACKGROUND Plaintiff filed a complaint on August 4, 2017, alleging causes of action for (1) battery, (2) intentional infliction of emotional distress, (3) negligence, (4...

Excerpt: ...r Production of Documents (“RPD”), set one; (2) Form Interrogatories (“FROG”), set one; and (3) Special Interrogatories (“SROG”), set one. On September 14, 2016, Defendant served the discovery requests on Plaintiff. Defense counsel sent Plaintiff a letter in October of 2017[1] requesting that the discovery be produced by October 13, 2017, or the instant motions would be filed. As of the filing of the motions on March <0003004900550052...

Excerpt: ...h Miller, and the Anthony and Marcelle Muddaris Restated Family Trust (“Defendants”) fell on Plaintiff and injured him to the point that part of his leg was amputated. The complaint, filed February 6, 2017, alleges causes of action for negligence and premises liability. The deposition of Plaintiff began on December 12, 2017. During the deposition, Plaintiff's counsel objected to several questions based on Plaintiff's Fifth Amendment right not...

Excerpt: ...Alisio (“Plaintiff”) to submit to deposition. Plaintiff is currently acting in pro per. On January 16, 2018, the Court granted Plaintiff's counsel's motion to be relieved as counsel of record. On January 17, 2018, Plaintiff's counsel filed proof of service of the order granting counsel's motion to be relieved on Plaintiff. Defendant properly served the instant motion to compel deposition on Plaintiff after counsel was relieved. LEGAL STANDARD...

Excerpt: ... an opposition. The FSC was continued to the trial date of April 27, 2018 by order of the <0026000300440051004700 00550048000300450052>th currently set for April 27, 2018. Defendant seeks to continue these matters because defense expert Bernadette Jaeger, D.D.S. will not be available for the trial date. Defendant states that Dr. Jaeger is a key witness in the case, and Defendant cannot provide a full defense without Dr. Jaeger's testimony. (Saldo...

Excerpt: ...��) to the Special Interrogatories (“SROG”), set one. On October 17, 2017, Plaitniff served the discovery requests on Defendant. Defendant's discovery responses were due on November 21, 2017. Plaintiff's counsel granted two extensions, and the last deadline to respond was January 4, 2018. As of the filing of the motions on February 26, 2018, Plaintiff has not received responses from Defendant. Defendant has not filed an opposition to Plaintif...

Excerpt: ...ly set for May 9, 2018, and trial is set for May 23, 2018. Plaintiff has not filed any opposition. Defendant states that the continuance is necessary because Defendant has been unable to depose Plaintiff and unable to have Defendant's medical expert review Plaintiff's injuries. Defendant has tried to depose Plaintiff, but Plaintiff did not appear at the deposition set for February 21, 2018. Defendant has filed a motion to compel Plaintiff's depos...

Excerpt: ... set for April 9, 2018, and trial is set for April 23, 2018. Defendants seek to continue the trial and all related dates for several reasons. First, Plaintiff David Haines (“Plaintiff”) underwent spinal surgery on January 24, 2018, and Defendants' orthopedic surgeon, Natin Bhatia M.D., was not able to perform the scheduled Independent Medical Examination (“IME”) of Plaintiff because of this surgery. Defendants contend that they were never...

Excerpt: ...is set for April 23, 2018. Plaintiff seeks to continue these matters to allow for the conclusion of discovery. Plaintiff states that there has not been adequate time for discovery in this case. The complaint was filed on April 25, 2016, but both Defendants did not answer the complaint until October 13, 2017. An answer to the cross‐ complaint was not filed until November 3, 2017. Plaintiff initially entered default against both named defendants,...

Excerpt: ...�SROG”); and (2) request for production of documents, set three (“RPD”). An Informal Discovery Conference (“IDC”) was held on February 27, 2018. The parties resolved their discovery issues related to the RPD, subject to code compliant responses. The discovery issues related to the SROG were not completely resolved, and the parties filed a joint statement regarding SROG 17 through 25. Defendant requests that Plaintiff be ordered to provi...

Excerpt: ...omez Chaires, Laura Margarita Gomez Chaires, Jose De Jesus Gomez Chaires, Luis Gomez, and Leslye Gomez (collectively, “the Gomez Plaintiffs”). For each of the Gomez Plaintiffs, Defendants move to compel responses to: (1) Request for Production of Documents (“RPD”), set one; (2) Form Interrogatories (“FROG”), set one; and (3) Special Interrogatories (“SROG”), set one. The moving parties have paid only one filing fee. However, there...

Excerpt: ...of Documents (“RPD”), set one; (2) Form Interrogatories (“FROG”), set one; and (3) Special Interrogatories (“SROG”), set one. On August 18, 2017, Defendant served the discovery requests on Plaintiff. Defense counsel granted several extensions and ultimately provided a deadline for responses on January 29, 2018. On February 6, 2018, defense counsel sent a letter to Plaintiff to attempt to resolve this situation informally. As of the fi...

Excerpt: ...ber 24, 2017, Plaintiff served the discovery requests on Defendants. Defendants' discovery responses were due on November 28, 2017. Plaintiff's counsel granted multiple extensions to Defendants with the responses ultimately due on December 26, 2017. As of the filing of this motion on February 23, 2018, Plaintiff has not received any responses from Defendants. Defendants have not filed an opposition to this motion. Plaintiff's motions to compel re...

Excerpt: ...eposition and produce documents at said deposition. The hearing on the motion was originally set for March 2, 2018. However, the moving party rescheduled the hearing on the motion to March 22, 2018. Court staff called the moving party on March 19, 2018 to confirm that this motion is moving forward. During this phone call, Counsel for the moving party indicated that Defendant's deposition has been held, but that Defendant did not produce the docum...

Excerpt: ...g Beach Memorial Medical Center (“LBMMC”), Praveen Jonnala M.D., and Does 1‐100 based on allegations of medical negligence. A Doe amendment was then made to add Defendants Linda Sarson, R.N., and PICC RNS Plus, Inc. (“the Moving Defendants”). Plaintiff alleges that Defendant Sarson negligently performed a PICC line placement on Plaintiff, which resulted in a foreign object being left inside Plaintiff's vein. The parties proceeded to med...

Excerpt: ...ounsel has filed forms MC‐051 and MC‐052 pursuant to CRC Rule 3.1362 and has lodged with the Court a proposed order on form MC‐053. Counsel served this motion on Defendant Wen Huan Lei's counsel at the offices of Mark R. Weiner & Associates. Counsel states that Plaintiff Tomasa Medina Benitez was served at his last known mailing address. However, Counsel did not confirm this address within the past 30 days of filing the motion. Under Califo...

Excerpt: ..., and trial is set for June 5, 2018. Defendant seeks to continue these matters to allow for the parties to pursue mediation and to allow the motion for summary judgment to be heard before the trial date. Defendant states that he has reserved a hearing date for the motion for summary judgment, but the first available date was August 10, 2018. In addition, Defendant states that the parties wish to pursue mediation. Defendant argues that the trial c...

Excerpt: ...n certain civil actions, before filing a motion to strike, to engage in a specified meet and confer process with the party who filed the pleading subject to the motion to strike for the purpose of determining whether an agreement can be reached as to the filing of an amended pleading that would resolve the objections to be raised in the motion to strike. There is no indication from the moving papers submitted that Defendant engaged in a meet and ...

Excerpt: ...e Complaint was transmitted by facsimile to the Court. Plaintiff has also provided a stipulation signed by both Plaintiff and Defendant County of Los Angeles, to change the date of filing to the date the complaint was transmitted by fax filing to the Los Angeles Superior Court. However, according to both the state and local rules of court, the Los Angeles Superior Court did not accept facsimile filings for the Personal Injury Courts at the time P...

Excerpt: ...laintiff Tandy Zorba to: (1) form interrogatories (FROG) and (2) request for production and inspection of documents (RPD), which were originally set to be heard on March 14, 2018 and March 15, 2018. On January 23, 2018, Defendant also filed one motion to compel further responses from plaintiff Nick Zorba to special interrogatories (SROG), which was originally set to be heard on March 14, 2018. The Court's notes indicate that the discovery issues ...

Excerpt: ...efendant requests that the Court compel responses to the following: (1) Special Interrogatories, set one (“SROG 1”); (2) Supplemental Interrogatories (“SuROG”), set one; (3) Request for Production of Documents (“RPD”), set one; (4) Supplemental Request for Production of Documents (“SuRPD”), set one; and (5) Special Interrogatories, set two (“SROG 2”). Defendant also seeks sanctions. Plaintiff has not filed any opposition to th...

Excerpt: ...ian Ochoa M.D., and USC, erroneously sued as Keck Hospital, (“Defendants”) seek to enforce a subpoena served on nonparty Huntington Memorial Hospital. The non-party refused to produce records without an authorization from Plaintiff Rena Richards (“Plaintiff”). In the alternative, Defendants seek an order compelling Plaintiff to execute an authorization for release of her health records. Plaintiff has not filed any opposition to this motio...

Excerpt: ... address, which was confirmed by conversation within the past 30 days of filing the motion. No proof of service has been filed with the Court in this matter for service of the summons and complaint, and no defendants have appeared. California Rules of Court, rule 3.1362 subsection (d) states: “The notice of the motion [to be relieved as counsel] and motion, declaration, and the proposed order must be served on the client and on all other partie...

Excerpt: ...itted copies of the relevant medical report, and the petition is properly verified by Petitioner. However, the Court notes the following defects in the moving papers: 1. Attachment 19b(2) is missing from the petition. Petitioner must submit a revised petition that includes Attachment 19b(2) because Petitioner states that the settlement will be deposited in insured accounts in one or more financial institutions. Attachment 19b(2) must specify the ...

Excerpt: ... of action for negligence. Plaintiffs allege that on September 18, 2016, Defendant negligently operated his vehicle so as to strike Plaintiffs' vehicle and injure them. Plaintiffs also allege that after hitting their vehicle, Defendant drove off without providing assistance. Defendant moves to strike any reference to punitive damages in the complaint as well as the request for punitive damages in the prayer for relief. Plaintiff opposes the motio...

Excerpt: ... Corp., and Raymond Harry Humecky's deposition subpoena regarding the September 11, 2015 arrest of Plaintiff. The motion was first heard on February 23, 2018. At the February 23, 2018 hearing, the Court denied the motion to quash the deposition subpoenas issued on Officer Andres Rico of the Glendale Police Department. In order to allow both parties an opportunity to submit supplemental evidence regarding the registered owner of the car for which ...

Excerpt: ...“RFA”), set two, propounded on Plaintiff Noel Fisher (“Plaintiff”). On December 27, 2017, Defendant served the RFA on Plaintiff. Plaintiff's discovery responses were due on January 31, 2018. Plaintiff, in pro per, did not respond and did not request any extensions to respond. Defendants inquired about the lack of responses in a letter sent to Plaintiff on February 8, 2018. As of the filing of the motions on February 21, 2018, Defendant ha...

Excerpt: ...tly set for March 23, 2018, and trial is set for April 9, 2018. Defendants seek to continue these matters for several reasons. The first available hearing date for Defendants' motion for summary judgment is after the trial date. Defendants state in their moving papers that the motion for summary judgment is set for April 20, 2018, but according to the Court's reservation system, the motion is set for April 10, 2018. Further, the notice of motion ...

Excerpt: ...�Plaintiff”) has filed three motions to compel responses from Defendant Jeffrey Aniciete (“Defendant”) for: (1) Request for Production of Documents (“RPD”), set one; (2) Form Interrogatories (“FROG”), set one; and (3) Special Interrogatories (“SROG”), set one. In addition, Plaintiff has filed a fourth motion to deem admitted the truth of the matters specified in the Request for Admissions (“RFA”), set one. Plaintiff also req...

Excerpt: ...tion for determination of good faith of settlement, such as this, need not contain a full and complete discussion of the Tech‐Bilt factors (Tech‐Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488) by declaration or affidavit; rather, a bare bones motion setting forth the grounds of good faith and a declaration containing a brief background of the case is sufficient. (City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d ...

Excerpt: ...nt Sayamol Klunmalee (“Klunmalee”), and defendant Alon Doron (“Doron”) on May 5, 2015. The complaint, filed September 2, 2015, alleges causes of action for: (1) negligence; and (2) negligence per se. On October 8, 2015, Plaintiff added Jacob Larson (Doe 1) and Kimberly Larson (Doe 2) (collectively, “the Larson Defendants”) by Doe amendment. On November 10, 2015, Alon Doron and Flemlyn Doron filed a cross‐complaint against Klunmalee ...

Excerpt: ...��FROG”), set one; (2) Special Interrogatories (“SROG”), set one; and (3) Request for Production of Documents (“RPD”). Plaintiff has not filed an opposition to this motion. On August 21, 2017, Defendants served on Plaintiff the discovery requests. As of the filing of the motions, Defendants state that they have not received responses from Plaintiff. On November 20, 2017, defense's counsel sent a letter to Plaintiff about the lack of res...

Excerpt: ...action against Defendants Erik Engle and Mary Jo Losso‐ Engle (“Defendants”). The complaint, filed August 5, 2016, alleges causes of action for (1) negligence, and (2) loss of consortium. On January 26, 2018, the Court granted Plaintiffs' ex parte application to continue the trial. The January 26, 2018 minute order continued the trial to July 30, 2018 but provided that discovery was not continued except for the deposition of Defendant Erik ...

Excerpt: ...e Defendants named in the complaint is 127 Broadway LLC (“Defendant”). Defendant filed an Answer to the complaint on February 9, 2018. Plaintiff moves to strike the answer or in the alternative demurrers to the answer on grounds that Defendant is a suspended company under the California Revenue and Tax Code and thus cannot defend or maintain an action in this state. Defendant has filed an opposition. Plaintiff has not filed any reply. Motion ...

Excerpt: ...lows a person to intervene when they have an interest in the matter in litigation or in the success of either of the parties. CCP §387(b) provides that “if the person seeking intervention claims an interest relating to the property or transaction which is the subject of the action and that person is so situated that the disposition of the action may as a practical matter impair or impede that person's ability to protect that interest, unless t...

Excerpt: ...Inspection and Production of Documents (“DIPD”), set two. On October 25, 2017, Defendant served the DIPD on Plaintiff. Not having received responses, Defendant sent a meet and confer letter to Plaintiff on December 15, 2017 but still did not receive any response. As of the filing of the motions on February 13, 2018, Defendant has not received responses from Plaintiff. Plaintiff has not filed any opposition to Defendant's motion. Defendant's m...

Excerpt: ... as to Plaintiff's motions to compel and motion to deem admitted. There are several issues that must be addressed at or before the hearing on March 16. Both Plaintiff's counsel and Defendant's counsel are ordered to appear at the hearing to address the following issues. Issues to be Addressed by Plaintiff: Only three filing fees have been paid by the moving party. However, there are in actuality four motions before the Court—a motion to compel ...

Excerpt: ...ing in the request for the continuance. The FSC is currently set for April 27, 2018, and trial is set for May 11, 2018. The parties jointly seek to continue these matters to allow for the conclusion of discovery. Defendant states that Plaintiff's injuries and subsequent treatment have resulted in certain delays in discovery. Plaintiff's deposition began on January 10, 2018, but will need another session to be completed, which is set for April 5, ...

Excerpt: ... sidewalk. The complaint, filed May 17, 2016, alleges causes of action for general negligence and premises liability. Plaintiff has filed the instant motion to quash Defendants Hans Rockenwagner and Patricia Rockenwagner's (“the Rockenwagner Defendants”) deposition subpoena served on medical provider Satinder Bhatia, MD. The Rockenwagner Defendants served the deposition subpoena at issue on January 2, 2018. (See Mot., Exh. A.) The subpoena se...

Excerpt: ...lot owned or operated by Defendant AltaMed Health Services Corporation (“Defendant”). Plaintiff alleges that the gate fell on him causing him to suffer injury. The complaint, filed on October 23, 2017, alleges causes of action for: (1) negligence; and (2) premises liability. On December 1, 2017, Defendant filed its answer. Defendant now moves for leave to file a proposed cross‐complaint against Paul Morales Construction, Inc. (“PM Constru...

Excerpt: ...trip and fall due to a dangerous condition on Defendant Menorah Housing Foundation's (“Defendant”) property. The complaint, filed January 20, 2016, alleges a single cause of action for premises liability. On February 9, 2016, Tova Haimovitz passed away. Plaintiff's counsel moved to pursue a survivorship action and substituted Plaintiff's successor in interest, Dana Haimovitz, as the plaintiff to continue this action. The Court granted the req...

Excerpt: .... The complaint, filed December 14, 2017, alleges causes of action for: (1) negligence; (2) strict liability; and (3) negligence per se. Defendant moves to strike all references to punitive damages from the complaint including paragraph 6 at pages 3‐4, paragraph 17 at pages 6‐7, and paragraph 6 of the prayer for damages on page 7. Defendant argues that the request for punitive damages should be stricken because Plaintiff has not properly pled...

Excerpt: ...uments (“RPD”), set one; (2) Form Interrogatories (“FROG”), set one; and (3) Special Interrogatories (“SROG”), set one. Defendants also filed a fourth motion to deem admitted the Requests for Admissions (“RFA”), set one. On November 3, 2017, Defendant served the discovery requests on Plaintiff. Plaintiff's discovery responses were due on December 8, 2017. Defense counsel granted an extension to December 29, 2017 to respond. When D...

Excerpt: ... Defendant has not filed an opposition. Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, issue, evidence or monetary sanctions. (CCP, §§ 2023.010(g), 2030.290(c); R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495.) Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanct...

Excerpt: ...Women's Health Specialists, West Hills, and West Hills Hospital and Medical Center (“Defendants”) based on allegations of medical negligence. She alleges that beginning in March of 2015, she placed herself under the care of Defendants, but that they negligently provided care and treatment to her, causing her injury. Plaintiff is pursuing a claim of professional negligence against all defendants. Defendant Steven Freedman, M.D. Inc. dba Women'...

Excerpt: ...ntry of judgment in favor of Defendants Plaza West Covina LP and Environmental Service Concepts, LLC. Plaintiff Athena Arnett, by and through her guardian ad litem Donna Stubblefield, has filed the instant motion to strike Defendant's cost bill, or in the alternative, to tax costs in the wrong court. This matter should be heard before the trial judge in this matter. Accordingly, this matter is taken off calendar in the present Court (Department 9...

Excerpt: ...Amended Complaint. Accordingly, the demurrer is moot and taken off calendar. C.C.P. § 472 provides in relevant part: “A party may amend its pleading once without leave of the court at any time… after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike.” An opposition to a d...

Excerpt: ...y Petitioner. However, the Court has concerns regarding Counsel's request for fees of 40% of the gross settlement. Counsel has filed a declaration seeking to justify the fees sought on the basis that Defendant contested liability and filed a motion for summary judgment. Counsel took depositions of both LAPD officers, retained a police pursuit expert, and opposed Defendant's motion for summary judgment. (Stone Decl. ¿ 5.) Counsel prepared for and...

Excerpt: ...a Finkelshtein as defendants. Defendant Richard Shaw (“Defendant”) was added to this case as a defendant by Doe Amendment filed on July 13, 2016. On December 29, 2016, Plaintiff filed a proof of service attesting to personal service of the summons and complaint on Defendant on December 27, 2016 at 8:05 am. On February 15, 2017, Plaintiff served a request for entry of default on Defendant by mail. On February 16, 2017, Plaintiff filed the requ...

Excerpt: ...18. Plaintiff seeks to continue these matters to allow for possible follow up surgeries and to pursue mediation. Plaintiff states that she underwent surgery on her back in May of 2017 and may need further surgery. Plaintiff's surgeon will be determining whether to pursue additional surgery in April of 2018, after additional time and testing. Th parties have also agreed to pursue private mediation. This mediation, however, cannot take place until ...

Excerpt: ...gainst Defendants County of Los Angeles (“County”), and Does 1 through 100, alleging a single cause of action for professional negligence. Defendant County has filed two motions to compel responses from Plaintiff for: (1) Request for Production of Documents (“RPD”), set one; and (2) Form Interrogatories (“FROG”), set one.[1] Defendant has also filed a third motion seeking an order deeming the truth of matters in Defendant's Request fo...

Excerpt: ...ons of plaintiffs Michelle Garcia and Sara Saucedo (“Plaintiffs”). Plaintiffs have not filed any opposition to the motions. LEGAL STANDARD Pursuant to CCP §2025.450, if after service of a deposition notice a party to the action, without having served a valid objection, fails to appear for examination, or proceed with it, or to produce for inspection any document, the party giving notice may move for an order compelling the deponent's attenda...

Excerpt: ...o, and his employer, to be discussed below, (collectively, “Defendants”) that occurred on October 24, 2015. The complaint, filed Sept 18, 2017, alleges a cause of action for motor vehicle. On December 22, 2017, Defendants filed an answer to the complaint. Defendants now move to file an amended answer whereby they seek to change the name of Defendant Tinajera's employer. LEGAL STANDARD The court may grant leave to amend the pleadings at any st...

Excerpt: ...s. BACKGROUND Plaintiff filed an initial complaint on June 28, 2017, alleging two causes of action for negligence and an intentional tort. Plaintiff and Defendant were involved in a motor vehicle crash on an off‐ramp on the 405 freeway in Los Angeles. Defendant filed his first demurrer and motion to strike on November 1, 2017. Plaintiff opposed. On December 4, 2017, the Court sustained the demurrer with leave to amend and deemed the motion to s...

Excerpt: ...s. BACKGROUND On May 3, 2016, plaintiff Hortencia Palacios (“Plaintiff”) filed a complaint against defendants, City of Huntington Park and Does 1 through 25. Defendant City of Huntington Park (“Defendant”) filed its first demurrer on May 1, 2017. Plaintiff did not oppose. On May 31, 2017, the court sustained the demurrer with leave to amend. Any amended pleading was to be filed within 10 days of notice of the court's order. Defendant serv...

Excerpt: ...ved on December 14, 2017. Plaintiff filed her motion to compel further responses to discovery on February 6, 2018. Defendant filed an opposition on February 22, 2018. Plaintiff's Motion to Compel Further Responses to Request for Production is denied without prejudice. On January 31, 2018, Plaintiff filed an ex‐parte application to continue trial, from February 21, 2018 to May 8, 2018. The Court granted the continuance but stated that “Discove...

Excerpt: ...or sanctions are denied as this motion was filed and will be heard after the discovery cutoff and discovery motion cutoff dates. Pursuant to CCP § 2024.020 “[e]xcept as otherwise provided in this section, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action....

Excerpt: ...is set for April 6, 2018. Defendant seeks to continue these matters to allow for the conclusion of discovery. Defendant states that three depositions remain outstanding but have been noticed and are expected to move forward. Defendant also states that expert discovery has not taken place. Plaintiffs have filed no opposition to this motion. Defendant has submitted a stipulation to continue trial as Exhibit 1 to counsel's declaration. Defendant sta...

Excerpt: ..., if any, differences there are between the two motions. From the declaration that Counsel has submitted, it appears that upon retention of Counsel, Plaintiff initially provided a mailing address of 2620 West 141th Place # 3, Gardena, CA 90249 and telephone numbers of (562) 278–6462 and (562) 228–3896. Subsequently, on June 27, 2017, Plaintiff's caretaker, Derrick Wynne, provided counsel with a new address for Plaintiff: 14752 Crenshaw Blvd.,...

Excerpt: ...ff”). Plaintiff filed an opposition on February 22, 2018. Defendant Brown's motions are denied without prejudice. Pursuant to CCP § 2024.020(a), “any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for trial in the action.” (Emphasis added.) On October 27, 2017, the Court granted ...

Excerpt: ...18. In reviewing Plaintiffs' opposition, the Court has discovered that several pages of documents cited by Plaintiffs in Plaintiffs' Responses to Defendant's Separate Statement have not been filed. Throughout Plaintiffs' Responses to Defendant's Separate Statement, Plaintiffs cite to pages of deposition transcripts that have not been included in Plaintiffs' exhibits or the moving Defendant's compendiums of exhibits. The Court has identified the f...

Excerpt: ...efendants Jasmin Diaz, Lourdes Stoup, and Does 1 through 10, alleging causes of action for motor vehicle and general negligence. Defendant Lourdes Stoup (“Defendant”) has filed three motions to compel responses from Plaintiff Victor Vallejano (“Plaintiff”) for: (1) Demand for Inspection and Production of Documents (“DIPD”), set one; (2) Form Interrogatories (“FROG”), set one; and (3) Request for Admissions (“RFA”), set one. On...

Excerpt: ...tiffs' Request for Production and <000303ee03ec03ed03f303 58L Plaintiffs filed the instant motion to compel further responses to discovery on January 31, 2018. Defendant filed an opposition on February 20, 2018. Plaintiffs' Motion to Compel Responses to Request for Production and Form Interrogatories is denied without prejudice. On December 5, 2017, Plaintiffs and Defendant stipulated to a continuance of the trial date, from December 29, 2017...

Excerpt: ...or vehicle accident that occurred on August 1, 2015. (Compl. at ¶¶ 7, 9— 11.) Defendant Harry William Kuenniger, erroneously sued as Harry Koener (“Defendant”) filed a demurrer on December 26, 2017, which was scheduled for hearing on February 1, 2018. At the February 1, 2018 hearing, the Court granted Defendant's request for the demurrer to be taken off calendar without prejudice because there were notice issues with Defendant's moving pa...

Excerpt: ...le negligently operated or entrusted by Defendants Eric Rodriguez, Sarah Rodriguez, and Mario Rodriguez (“Defendants”). The complaint, filed July 21, 2017, alleges two causes of action for motor vehicle and negligence per se. LEGAL STANDARD “Venue, the county in which an action takes place, is statutorily governed by the type or form of the particular action. ‘Venue is determined based on the complaint on file at the time the motion to ch...

Excerpt: ...ial. Defendant's motion for summary judgment is currently set for April 11, 2018. The FSC is set for May 23, 2018, and trial is set for June 6, 2018. Plaintiff seeks to continue these matters to allow for the conclusion of discovery before the Court hears the motion for summary judgment. Plaintiff lists several scheduled discovery items that Plaintiff believes are necessary for the motion for summary judgment including depositions of three of Def...

Excerpt: ... October 20, 2016. Defendant moves to reclassify the action as a limited civil case, arguing that the amount in controversy in this case is less than $25,000. Defendant has filed a reply although no opposition has been filed with the Court. CCP §86 defines a limited civil case as a case at law in which the demand, exclusive of interest, amounts to $25,000 or less. (CCP §86(a)(1).) “[T]he standard for reclassification from ‘unlimited' to ‘...

Excerpt: ...t”). The complaint, filed September 18, 2017, alleges a single cause of action for negligence. Defendant filed an Answer to the complaint on October 17, 2017. On February 2, 2018, Plaintiff filed this instant motion for leave to amend the complaint to include additional facts to support a claim for punitive damages. (See Mot. at Ex. 1 [Proposed First Amended Complaint].) No opposition has been filed. LEGAL STANDARD CCP §473(a)(1) states: “Th...

Excerpt: ...7 order compelling her responses to form interrogatories, special interrogatories, and request for production of documents. The OSC re non-compliance is set for April 2, 2018 at 8:30 am. Plaintiff's failure to appear and show good cause for her lack of compliance with the court's November 17, 2017 order will result in the court (a) finding that her non-compliance was willful and (b) dismissing this action, in accordance with CCP sections 2023.010...

Excerpt: ...ry Berryman (“Defendant”). The incident occurred on July 12, 2016. The complaint was filed on August 19, 2016. The First Amended Complaint, filed on February 27, 2018, alleges causes of action for negligence and negligence per se. Defendant moves for an order compelling Plaintiff to submit to her deposition and for sanctions against Plaintiff. On January 30, 2018, the Court granted Plaintiff counsel's motion to be relieved as counsel. No subs...

Excerpt: ... (2) Special Interrogatories (“SROG”), set one; and (3) Request for Production of Documents (“RPD”). Plaintiff has not filed an opposition to this motion. <00510057004c0049004900 00460052005900480055>y requests. As of the filing of the motions, Defendant states that Defendant has not received responses from Plaintiff. Defendant allowed Plaintiff's counsel an extension but did not receive any discovery responses. On December 28, 2017, defe...

Excerpt: ... alleges that Defendants Dago Torres and Mercedes Torres (“Defendants”) let their dog run loose and failed to keep the dog in control. The complaint, filed August 31, 2016, alleges causes of action for: (1) strict liability; and (2) negligence. In the complaint, Plaintiff seeks damages in the form of general, special, actual, and compensatory damages, including medical expenses, lost earnings (past, present, and future), loss of future earnin...

Excerpt: ...ldalgo Moreno (“Defendant”). The complaint, filed June 12, 2017, alleges causes of action for general negligence and motor vehicle. Plaintiff moves to quash Defendant's deposition subpoenas served on medical providers: (1) Kaiser Foundation Health Plan, Inc. (“Kaiser Foundation”) and (2) Kaiser Hospital/SCPMG (Billing) (“Kaiser Hospital”) to produce medical and insurance records. Defendant served the deposition subpoenas at issue on D...

Excerpt: ... dismissal entered on August 22, 2017. Plaintiff's Counsel states that Counsel failed to appear at the dates set for FSC and Trial due to the dates being mis‐calendared. (Perron Decl., at ¶ 10.) Counsel also states that Counsel was actively pursuing this matter with Defendant's insurance carrier and would have pursued default against the Defendant, but she was severely injured. (Id. at ¶¶ 5‐6.) Counsel states she fractured her ankle in two...