Excerpt: ...tly set for August 15, 2018, and trial is set for August 29, 2018. Defendants seek to continue these matters to allow for mediation and the conclusion of discovery. Defendant states that all parties wish to pursue mediation, but several items of discovery must be completed first. To allow for sufficient time to complete discovery and mediation before trial, the current trial date must be continued approximately 6 months. Defendant also provides a...

Excerpt: ...odged a copy of the proposed order with the Court and served it on all parties in this matter. The Court 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 petition, the Declaration of Counsel is sufficient to substantiate the work done in connection with this matter, and the petition is properly verified by Petitioner. The Court is therefore inclined...

Excerpt: ...led a complaint on March 9, 2018, alleging a single cause of action for negligence. On May 17, 2018, Defendants Keith Kim and Sun Hee Kim (“Defendants”) filed a demurrer and a motion to strike punitive damages. Plaintiff's complaint arises from a motor vehicle accident. The Complaint alleges that on March 9, 2016, Sun Hee Kim was driving under the influence of alcohol with the permission of Keith Kim, and Defendants negligently hit Plaintiff ...

Excerpt: ...ilson (“Plaintiff”) filed a complaint on February 21, 2018, alleging a single cause of action for negligence. On May 9, 2018, Defendant Jane Anderson (“Defendant”) filed a demurrer and a motion to strike portions of the complaint. Plaintiff filed oppositions on June 18, 2018. Defendant filed replies on June 22, 2018. Plaintiff's complaint arises from a motor vehicle collision. The Complaint alleges that on January 24, 2018, Defendant Kenn...

Excerpt: ...d by defendant Target Corporation (“Defendant”). Plaintiff filed this action against Defendant on April 26, 2017 and alleges a cause of action for general negligence. Defendant moves for summary judgment. Plaintiff opposes,[1] and Defendant has replied. EVIDENTIARY OBJECTIONS Defendant's Objections to Plaintiff's Evidence: The Court first notes that Defendant's objections to Plaintiff's evidence were not made in the proper manner as required ...

Excerpt: ...e of non‐party, the Custodian of the Records of Los Angeles Orthopedic Group (“LAOG”), with a deposition subpoena for production of documents. 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 iss...

Excerpt: ...s for Admissions, set two (“RFA”) from Defendants Chad Sullivan and Christina Sullivan (collectively, “Defendants”). The parties attended an Informal Discovery Conference (“IDC”) on May 29, 2018 in an attempt to resolve informally the issues relating to Defendants' responses to the RFA. At the IDC, the Court ordered the parties to continue to meet and confer face‐to‐face or by telephone prior to the hearing on these motions to com...

Excerpt: ...joining in the request for the continuance. The FSC is currently set for July 18, 2018, and trial is set for August 1, 2018. Defendant seeks to continue these matters to allow for mediation and the conclusion of discovery. Defendant states that the parties have agreed to attend mediation in August of 2018. The parties wish to attend the mediation before completing discovery and preparing for trial. Defendant provides a stipulation signed by both ...

Excerpt: ...nts Kelly J. Tucker, M.D.; Michael Looney, CVT; David Hansen, RT; and AHMC Anaheim Regional Medical Center for the death of the decedent, Carlos Chensam (“Decedent”). Plaintiffs allege that the care rendered by Defendants caused the wrongful death of Decedent on April 23, 2016. The complaint, filed May 26, 2017, alleges a cause of action for professional negligence resulting in wrongful death. On December 15, 2017, Michael Looney, CVT; David ...

Excerpt: ...ial Interrogatories, set two (“SROG2”). Defendant has also filed a third motion to deem admitted the Requests for Admissions (“RFA1”), set one. On February 5, 2018, Defendant served the discovery requests on Plaintiff. Plaintiff's <001b001100030003002700 00520058005100560048>l granted an extension to April 5, 2018 to respond. As of the filing of the motions on May 21, 2018, Defendant has not received responses from Plaintiff. Plaintiff ha...

Excerpt: ...terprises, Inc.'s (“Defendant”) further responses to the Form Interrogatories (“FROG”), set one. Initially, Plaintiff requested that Defendant provide further responses to FROG Nos. 12.4 and 15.1. On April 10, 2018, Plaintiff concurrently filed a motion to compel Defendant's further responses to a Request for Production of Documents. An Informal Discovery Conference (“IDC”) was held on April 30, 2018. The parties came to a resolution ...

Excerpt: ...ecuted a stipulation with the other parties in the case joining in the request for the continuance. In addition, Plaintiff has filed a non‐opposition to the motion to continue. The FSC is currently set for July 23, 2018, and trial is set for August 6, 2018. Defendant seeks to continue these matters to allow for the conclusion of discovery. Defendant states that the parties need more time to prepare for trial including medical examinations and a...

Excerpt: ...laintiff”) had failed to file her claim within the requisite statute of limitations period. Plaintiff filed a notice of appeal but defaulted on appeal. On January 18, 2018, Defendant served notice of the ruling on the motion for judgment on the pleadings. On February 5, 2018, Judgment was entered in favor of Defendant. On February 7, 2018, the Court signed a second Judgment in favor of Defendant.[1] On April 12, 2018, Plaintiff filed the instan...

Excerpt: ...party in 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 me...

Excerpt: ...dant Adalgisa Escobar Arciero (“Defendant”). Plaintiff filed the instant motion on June 6, 2018, requesting to re-open discovery. On December 29, 2017, pursuant to a stipulation of the parties, the Court continued the trial and all discovery cutoff dates. On May 4, 2018, the Court granted Plaintiff's ex-parte application for a further continuance of the trial. However, the Court declined to extend the discovery cut-off date and ordered instea...

Excerpt: ...tioned and caused Plaintiff to fall on defendant Kiewit Power Constructors Co.'s property. The complaint, filed March 13, 2018, alleges causes of action for premises liability and negligence per se. On April 20, 2018, Kiewit Power Constructors Co. (“Cross‐Complainant”) filed a cross complaint against Roes 1‐25 for their contribution to Plaintiff's injuries. Cross‐Complainant filed the instant motion on May 30, 2018 seeking leave to file...

Excerpt: ..., and Gevork Tutunjian dba Joe's 98 Cent Discount Store (“Defendants”). The complaint for personal injuries and damages was filed on February 27, 2018. Plaintiff moves for trial preference and trial setting pursuant to CCP §36(a). Defendant opposes the motion, and Plaintiff has filed a reply. Trial is currently set for August 27, 2019. LEGAL STANDARD Pursuant to CCP §36(a), a party to a civil action who is over the age of 70 must be given p...

Excerpt: ...dant Kaiser Foundation Hospitals (“Defendant”). The complaint was filed on July 10, 2017, and the First Amended Complaint (“FAC”) was filed on September 12, 2017. Defendant moves for undertaking in the sum of $30,000.00. Plaintiff opposes the motion. LEGAL STANDARD “When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed moti...

Excerpt: ...dant”) and for sanctions against Defendant and its counsel. Defendant 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...

Excerpt: ...r matter is currently in Department 2 of the Spring Street Courthouse. “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).) Here, Khashan has not yet been related with Hattar, wh...

Excerpt: ... (Roberts v. Mitchell, et al.). A notice of related cases has been filed and served in each action. Defendants state that these cases all arise out of the same motor vehicle collision. Each of the Plaintiffs were occupants of the same vehicle, except for Teresa Drouillard whose claim is derivative of her husband's claim. Plaintiffs allege that the motor vehicle driven by and controlled by Defendants collided with Plaintiffs' vehicle and caused Pl...

Excerpt: ...intiff”) to submit to deposition. 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 inspection of any document. (CCP §2025.450(a).) ...

Excerpt: ...�the opposing party”) to provide further responses to Plaintiff's Requests for the Production of Documents, set one. 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 c...

Excerpt: ...ROUND The instant demurrers arise from two related cases, County of Los Angeles v. Charles Dunn Company Inc. LASC Case No. BC640104 (the “County Action”) and Petrosyan v. Charles Dunn Real Estate LASC Case No. BC649930 (the “Petrosyan Action”). Defendant Specialized Elevator Corporation (“SEC”) was named as a “doe” defendant in both cases. In the County Action, Plaintiff County of Los Angeles (“County”) filed a subrogation act...

Excerpt: ...ROUND The instant demurrers arise from two related cases, County of Los Angeles v. Charles Dunn Company Inc. LASC Case No. BC640104 (the “County Action”) and Petrosyan v. Charles Dunn Real Estate LASC Case No. BC649930 (the “Petrosyan Action”). Defendant Specialized Elevator Corporation (“SEC”) was named as a “doe” defendant in both cases. In the County Action, Plaintiff County of Los Angeles (“County”) filed a subrogation act...

Excerpt: ...nt, Inc. (“Defendant”). Plaintiff's complaint, filed on May 5, 2016, alleges a single cause of action for negligence against Defendant (as well as other sub‐ contractors working on the construction site at the time of the injury). Defendant moves for summary judgment on the grounds that the Privette/Toland line of cases and its progeny prevent employees of independent contractors from imposing liability on the hirer of the independent contr...

Excerpt: ...14. On December 15, 2017, Gertrude B. Tait and Robert B. Tait (collectively, “Defendants”) were substituted for Does 3 and 4 respectively. <004c0044004f004f005c00 0051004a000f00030049[iled the instant motion to quash service of process and dismiss the action on the grounds that service was not completed within the required three-year period under Code of Civil Procedure § 583.210. Plaintiff has not filed any opposition to Defendants' motion ...

Excerpt: ...fendant Bronislava Zaks (“Defendant”) and for sanctions against Defendant and her counsel. Defendant 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 com...

Excerpt: ...aint, filed March 24, 2018, alleges causes of action for motor vehicle negligence and negligence per se. The deposition of Defendant occurred on February 22, 2018. During the deposition, defense counsel objected to several questions on different grounds and instructed Defendant not to answer. Plaintiff now moves to compel Defendant to answer those questions. Plaintiff also requests sanctions against Defendant and her counsel. Defendant opposes th...

Excerpt: ...on. Defendant has not filed a reply or any other supplemental documentation. On January 31, 2017, Plaintiff and Defendants each made a timely response to the demands for exchange of designation of experts. This trial has been continued several times. In the order continuing trial entered on April 24, 2018, the Court ordered that discovery was not continued except as agreed to by the parties, which included expert discovery as related to Plaintiff...

Excerpt: ...018, and trial is set for August 6, 2018. Defendant seeks to continue these matters to allow for a meaningful period of discovery and possibly to file a motion for summary judgment. Defendant states that the parties need more time to prepare for trial. Defendant was not added to this litigation until March 14, 2018 even though this case was originally filed in January 26, 2016. Defendant states that it does not have sufficient time to complete di...

Excerpt: ...apers BACKGROUND Plaintiff Alanah Stone (“Plaintiff”), a minor by and through her guardian ad litem Nicole Whitehead, filed a complaint on January 12, 2018, alleging a single cause of action for general negligence. On May 14, 2018, Defendant Los Angeles Unified School District (“Defendant”) filed a demurrer to the complaint. Plaintiff's complaint arises from an injury while playing flag football. Plaintiff alleges that on December 13, 201...

Excerpt: ...was riding and a car driven by defendant Joshua Dolback (“Moving Defendant”) and owned by Nikki Dolback. The collision occurred on July 27, 2017. The complaint, filed November 7, 2017, alleges causes of action for general negligence, negligence per se, and negligent entrustment. Moving Defendant moves to quash or modify Plaintiff's deposition subpoena issued on the Department of Motor Vehicles (“DMV”). The deposition subpoena to the DMV s...

Excerpt: ...io) granted summary judgment in favor of defendants Laura Farwell and Baldwin Crest Realty and against Plaintiff. Plaintiff filed a document on October 2, 2017 labeled as a “Petition for Rehearing.” This document did not include a memorandum of points and authorities or any exhibits or other evidence. The filing contained only this statement: “With respect to the court, it is imperative that new evidence, as well as new information be known...

Excerpt: ...ning in the request for the continuance. The FSC is currently set for July 26, 2018, and trial is set for August 9, 2018. Plaintiffs seek to continue these matters to allow for mediation and the conclusion of discovery. Plaintiffs state that the parties need more time to conduct discovery related to the Plaintiffs' medical conditions. Plaintiffs provide a stipulation signed by both counsel to continue trial as Exhibit 1 to counsel's declaration. ...

Excerpt: ...atricia was injured when she slipped and fell on the premises owned or controlled by the Vons Company (“Defendant”). Patrick is alleging injuries for loss of consortium for the injuries sustained by Patricia. Defendant first moves to compel the psychological examination of Plaintiff by psychologist Colin G. Koransky, Ph.D. Plaintiff opposes the motion, and Defendant has replied. Second, Defendant moves to limit the number of non‐retained ex...

Excerpt: ...efendants Christina Martinez (“Martinez”), and AM PM Towing & Auto Repair (“AM PM”) on May 10, 2016. Martinez requests that the Court make a determination of good faith as to the proposed settlement between Plaintiff and Martinez. No opposition has been filed to this motion. LEGAL STANDARD Code of Civil Procedure section 877.6 enables a settling defendant to free itself not only from any further claims of the plaintiff but also from any s...

Excerpt: ...t for June 19, 2018. Defendants West Gate Trading Corp., and Ali Viliani (“Defendants”) oppose the motion, and Plaintiff has replied. Plaintiff seeks to continue the trial and all related dates to sufficiently complete discovery. Plaintiff's counsel states that he lost contact with Plaintiff because she became homeless and unreachable by phone. (Shohet Decl., at ¶ 3.) Counsel finally regained contact with Plaintiff, and the parties agreed to...

Excerpt: ... 10, 2017 against Defendant Khosrow Mirblouk alleging causes of action for motor vehicle and negligence. On November 20, 2017, Mirblouk (“Cross‐Complainant”) filed a cross‐complaint against Velasquez (“Moving Cross‐Defendant”) and Key Auto Recovery, Inc. Cross‐Complainant alleged against all Cross‐Defendants causes of action for (1) Indemnity, (2) apportionment of fault, (3) declaratory relief, and (4) property damage. Moving Cr...

Excerpt: ...ut her toe while in the resort pool on the property owned or controlled by defendants Terranea Resort, Destination Long Point, Inc. dba Terranea Resort (“Defendants”). Defendants now move to file a proposed cross‐complaint against a party not already in the action. DISCUSSION CCP §428.10 provides that a party against whom a cause of action has been asserted may file a cross‐complaint setting forth: “(b) Any cause of action he has again...

Excerpt: ... Ryan Beilman, by and through his guardian ad litem Stacy Beilman, (collectively, “Plaintiffs”) is further CONTINUED to July 26, at 1:30 pm. This motion was originally set to be heard on August 7, 2017. However, the moving party continued the motion four times to the prior hearing date of April 25, 2018. Plaintiffs request that the Court impose issue, evidentiary, or monetary sanctions on defendant Pomona Valley Hospital Medical Center (“De...

Excerpt: ... BC668136 (Smith v. LACMTA.), and BC682357 (Guillebeau v. LACMTA). Martinez and Smith were deemed related on October 24, 2017. However, Guillebeau has not yet been deemed related, and is currently in Department 4 of the Spring Street Courthouse. “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 ...

Excerpt: ...2018, and trial is set for June 18, 2018. This motion was properly served on Plaintiff's counsel via overnight UPS courier. No opposition has been filed by Plaintiff. Defendant seeks to continue these matters to allow for the conclusion of discovery. Defendant also requests that the Court allow the discovery cutoff and motion cutoff dates be continued under CCP § 2024.050. Defendant states that she has not yet received responses to supplemental ...

Excerpt: ...atalie Page (“Plaintiff”) filed a complaint on March 16, 2018, alleging five causes of action for 1) negligence, 2) negligence per se, 3) strict liability, 4) premises liability; and 5) intentional infliction of emotional distress. Plaintiff's complaint arises from an alleged dog bite that occurred on Defendant's real property on August 3, 2017. Plaintiff alleges that the dog attacked her face, which resulted in scarring. On April 25, 2018, D...

Excerpt: ...0, 2017, alleges claims against Beverly Hills Gateway, L.P. (“BHG”) and Tufeld Corporation (collectively “Defendants”). On June 26, 2017, Defendants BHG and Tufeld Corporation filed a cross‐complaint alleging claims for indemnity, etc., against M.P. Monte Construction, Inc. (“MP”) and Ubiquiti Networks, Inc. Pursuant to a request by Plaintiff, Tufeld Corporation was dismissed from this action on August 10, 2017. Pursuant to a reques...

Excerpt: ...t its employee was injured when she fell while exiting an elevator on property owned or operated by defendant Charles Dunn Company, Inc. (“Defendant”). Defendant now moves to file a proposed cross‐complaint against a party not already in the action. DISCUSSION CCP §428.10 provides that a party against whom a cause of action has been asserted may file a cross‐complaint setting forth: “(b) Any cause of action he has against a person alle...

Excerpt: ...ntiffs, resulting in injury to all Plaintiffs. The Deputies were both working in the course and scope of their employment by Los Angeles Sheriff's Department (“LASD”) when the collision occurred. Plaintiffs have brought this action against defendant County of Los Angeles (“Defendant” or “the County”). It is Plaintiffs' position that Defendant is liable for Plaintiffs' injuries because the injuries were caused by the “negligent acts�...

Excerpt: ...018 Order. 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 sanctions would not produce compli...

Excerpt: ...ailure to obey the Court's January 19, 2018 Order. 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 s...

Excerpt: ... to a neurological examination by Dr. Barry Ludwig. Plaintiff opposes the motion, and Defendant has replied. LEGAL STANDARD Where the physical condition of the plaintiff is in controversy in a personal injury case, the defendant may seek discovery by physical examination of the plaintiff. (Code Civ. Proc. §§ 2032.020, 2032.220.)[1] A defendant is permitted to demand one physical examination of the plaintiff in a personal injury action, as long ...