Excerpt: ...-Lili's (collectively “Plaintiffs”) purchase of a new 2017 Nissan Sentra (“Subject Vehicle”) that was backed by Defendant Nissan North America, Inc.'s (“Defendant”) warranty. Essentially, Plaintiffs allege that defective continuously variable transmissions (“CVT”) in the Subject Vehicle means that it suffers from the following symptoms: “hesitation from a stop before acceleration; hard shaking during deceleration; sudden, hard s...

Excerpt: ... (“Plaintiff') filed a complaint against Defendants Zev Technologies, Inc. and RPT Consulting, LLC, and DOES 1-30, alleging causes of action for (1) strict products liability, and (2) negligence. On November 14, 2016, Plaintiff amended the complaint for a fictitious name and named Safariland, LLC (“Safariland”), in the place of DOE 1, as a Defendant. On June 2, 2017, Safariland filed its answer to the complaint. On June 6, 2019, Safariland ...

Excerpt: ...) and California Labor Code §§ 2698, et seq. On March 16, 2018, Plaintiff Marcus Marquez, on behalf of all other similarly situated aggrieved employees, (“Plaintiff”) filed this action against Defendant Shammas Investment, LLC (“Defendant”) alleging causes of action for (1) failure to pay overtime wages, (2) failure to pay all wages, (3) failure to authorize and permit all paid rest periods, (4) failure to timely furnish accurate itemiz...

Excerpt: ...Court has considered the moving and opposition papers. Background On February 15, 2018, Plaintiff Imagecraft Productions, Inc. (“Plaintiff”) filed a second amended complaint against Defendants Hollywood Center Stages, Inc. (“Hollywood”), Ridge Conlan (“Conlan”), and Studio Production Center, Inc. (“SPC”) (collectively “Defendants”), asserting causes of action for breach of contract (1 st), common count – account stated (2 nd...

Excerpt: ...any Ramos The Court has considered the moving, opposing, and reply papers. BACKGROUND This action involves an employment dispute between Plaintiff Brittany Ramos (“Plaintiff”) and her former employer, defendants Derek Smith (“Smith”) and Dedicated Building Services, LLC (“Defendant”). Plaintiff's essential allegations are as follows. Plaintiff was employed as an account executive. (First Amended Complaint (“FAC”) ¶ 15.) Defendant...

Excerpt: ...) is the nephew of defendant David Payer (“Defendant”). This action arises out of a dispute concerning ownership of real property located at 905 Dickson St., Marina Del Rey, CA. The property was owned by the Payer Family LLC. Plaintiff alleges that upon the death of Robin Payer (Plaintiff's father), Plaintiff obtained a 50% ownership interest in the LLC. Plaintiff engaged in discussions with Defendant to either sell his interest to Defendant,...

Excerpt: ...any legal or equitable right, title, estate, lien or interest in the property described in the complaint adverse to Plaintiff's title or any cloud on Plaintiff's title thereto. Maalouf alleged causes of action for cancellation of deed trust and quiet title. Maalouf alleges that he owns in fee simple and possesses the real property located at 8065 Kentwood Ave, Los Angeles. CA 90045. (Maalouf Complaint ¶ 11.) On June 6, 2007, Plaintiff obtained a...

Excerpt: ...eng and Teresa Fang Chen Joint revocable trust dated June 4, 2015, commenced this action against defendants Jien‐Wei Yeh (“Yeh”), Jen Fang, Yu Hua Sher Fang and Does 1 to 50 alleging causes of action for (1) partition, (2) contribution and (3) accounting.[1] This case was given the case number BC700717. On the same date, Plaintiffs filed an unlawful detainer action against Jen Fang and Yu Hua Sher Fang (collectively, “the Fang Defendants�...

Excerpt: ...t Global Sourcing LLC (“RGS”) and Richard Laurence Ashbee (“Ashbee”) alleging causes of action based on breach of contract, goods sold and delivered, open book account and promissory fraud. Currently on its second amended complaint (“SAC”), Plaintiff alleges that RGS and Plaintiff entered into a purchase agreement for garments. However, RGS has failed to pay Plaintiff pursuant to the terms of the agreement. (SAC ¶¶ 21‐27.) Plainti...

Excerpt: ...hsan and Mohsin Mohammed (jointly “Defendants”). The case proceeded to trial, and on August 2, 2018, the Court found in favor of Plaintiffs and against Defendants on all issues. (8/2/18, Statement of Decision on Court Trial p. 18.) Judgment was granted for plaintiff Kymm McCarter in the total amount of $82,215 for which defendant Mohammed Ahsan is 100% liable under the theory of joint and several liability, and defendant Mohsin Mohammed is jo...

Excerpt: ...��Defendant”) and Does 1 to 10 alleging a single cause of action for breach of contract. On May 16, 2018, Defendant filed a motion to dismiss on the ground of inconvenient forum. On June 29, 2018, Plaintiff filed a first amended complaint (“FAC”) alleging causes of action for (1) breach of written contract, (2) breach of implied covenant of good faith and fair dealing, (3) trade libel, (4) intentional interference with prospective economic ...

Excerpt: ...efendant”) filed the instant motion to compel plaintiff Luis Pineda (“Plaintiff”) to answer questions in deposition. On January 15, 2019, Plaintiff filed an opposition. On January 22, 2019, Defendant filed a reply. Defendant contends that during Plaintiff's deposition, Plaintiff was instructed not to answer questions 21 times. Defendant seeks to compel Plaintiff to appear at a deposition and answer 13 of the 21 questions that were not answe...

Excerpt: ...ING PARTY: Defendant/Cross‐Complainants Peter John Simrose and Banu Aslan Simrose (jointly “Cross‐Complainants”) The Court considered the moving, opposing and reply papers. BACKGROUND On June 6, 2016, Cross‐Defendant commenced this action against Cross‐Complainants for breach of contract claims arising out of an agreement between the parties whereby Cross‐Defendant constructed a single‐family residence for Cross‐Complainants. On...

Excerpt: ...iary duty, constructive fraud and negligent infliction of emotional distress against defendants Teles Properties Inc (“Teles”) and Adam Jaret (“Jaret”) (jointly “Defendants”) essentially alleging that Defendants improperly recommended that Plaintiff purchase real property and negligently referred Plaintiff to contractors who were unfit to perform their duties. Plaintiff filed the complaint on October 3, 2016. Teles and Jaret filed the...

Excerpt: ...D”), set one; (2) Form Interrogatories (“FROG”), set one; and (3) Special Interrogatories (“SROG”), set one. Plaintiff opposes the motion, and Defendant replies. On April 27, 2018, Defendant served the discovery on Plaintiff. Plaintiff's responses <0048004900480051005600 004f0003004600520051[tacted Plaintiff's counsel to inquire as to the lack of responses, and Defense Counsel demanded receipt of the responses no later than June 18, 201...

Excerpt: ...r “moving party”) filed four motions to compel further responses from plaintiffs Angeline Fontes, Sergio Fontes, Diego Fontes,[1] and Jesus Zamora (collectively, “Plaintiffs”) to Defendant's written discovery. On May 14, 15, and 16, 2018, the Court entered orders (the “May Orders”) ruling on Defendant's motions to compel further. On July 23, 2018, Defendant filed the instant motion for further sanctions for Plaintiffs' failure to comp...

Excerpt: ...�RFA”), set one. Plaintiff moves under CCP §2033.280 to deem the RFA served on both Defendants admitted. Where there has been no timely response to a request for admission under CCP § 2033.010, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a <0016001600110015001b00 0003000b0045000c0011>) The party who failed to respond...

Excerpt: ...D Plaintiff Doris Tse (“Plaintiff”) filed the instant complaint on April 24, 2018, alleging a cause of action for medical negligence regarding Defendants Heather Macdonald M.D. and USC's (“Defendants”) failure to diagnose Plaintiff with breast cancer during a screening in 2014. On July 16, 2018, Defendants filed a demurrer to the complaint. On August 3, 2018, Defendants filed a notice of non‐ opposition. Defendants' Plea in Abatement De...

Excerpt: ... seeks an order striking Plaintiff Youlla Ghanem's (“Plaintiff”) allegations of and prayer for punitive/exemplary damages. Plaintiff opposes the motion, and Defendant replies. LEGAL STANDARD The Court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (CCP §436, subd. (a).) The Court may also strike all or any part of any pleading no...

Excerpt: ...ndant Cobleigh Family Corp. (“Defendant”) seeks to compel the compliance of non‐parties Dr. Michael Price (“Dr. Price”) and Blue Oak Medical Group (“Blue Oak”) with deposition subpoenas 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, electronical...

Excerpt: ...ed bump in the parking lot of property owned or maintained by defendant Walgreen Co. (“Walgreen”). Plaintiff filed this action against Lassen Natural Foods & Vitamins, LLC and Walgreen on May 10, 2017 alleging a cause of action for Premises Liability. Walgreen moves for summary judgment. Plaintiff filed an opposition on July 26, 2018, and Walgreen replied on August 8, 2018. EVIDENCE Walgreen's Objections to Plaintiff's Evidence:  Objection...

Excerpt: ...ence per se. Plaintiff initially filed suit against defendant Arturo Aguirre (“Aguirre”). Aguirre now moves to file a proposed cross‐complaint against a party new to the action named Desiree Vega. 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 alleged to be liable thereon, whether or not such person ...

Excerpt: ...aintiff's guardian ad litem Maria Cota (“Cota”) 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 inspecti...

Excerpt: ...ore D.D.S., James Chou D.D.S., and Smile With Us Dental Group (collectively, “Defendants”), related to dental procedures performed by Defendants. Plaintiff alleges that Defendants negligently performed dental treatment, which resulted in injuries to Plaintiff. The Complaint, filed March 9, 2017, alleges a single cause of action for dental malpractice. Defendant Loretta Gilmore D.D.S. (“Dr. Gilmore”) moves for summary judgment. The Court i...

Excerpt: ... filed. 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).) A motion to compel the depos...

Excerpt: ...tnership and Sako Topalian. The motion is unopposed. Under CRC Rule 9.40, attorneys licensed and in good standing in other states may, upon the California court's approval, appear as counsel pro hac vice in a pending case if an active member of the state bar is associated as attorney of record. (CRC 9.40(a).) Santos is a member, in good standing, of the State Bar of Illinois since 2012. (Santos Decl., '1 5.) In addition, Santos states that he is ...

Excerpt: ...Plaintiff alleges that Defendants negligently provided care and treatment to Plaintiff, causing injury. Plaintiff is pursuing claims of professional negligence. Defendant moves for summary judgment against the complaint. The Court is not in receipt of any opposition papers filed by Plaintiff. On July 18, 2018, Defendant filed a notice stating that it had not received any opposition from Plaintiff either. This motion was first heard on July 23, 20...

Excerpt: ...amvel Vagarshakian (collectively “Plaintiffs”) filed a complaint on July 27, 2016 against defendants PepsiCo Inc., Raymond Harry Humecky (“Humecky”), and New Bern Transportation Corporation (“New Bern”). The complaint alleges causes of action for: (1) general negligence; and (2) motor vehicle negligence. PepsiCo Inc., (“PepsiCo”) moves for summary judgment against Plaintiff's complaint. No opposition has been filed by any party in...

Excerpt: ...on the property owned or controlled by defendants Rookies Sports Bar, Valarina Pedicini, and Whankuk Je. On October 5, 2015, Defendant and Cross‐Complainants Rookies Sports Bar, Valarina Pedicini, and Whankuk Je (“Cross‐Complainants”) filed a cross‐complaint against Antonio Rodriguez and Roes 1 through 50. On April 6, 2018, Cross‐Defendant Howe Investment Partnership (“HIP”) was substituted for Roe 1. On May 8, 2018, HIP was serve...

Excerpt: ...fendants”) move to compel Plaintiff Tina Votaw (“Plaintiff”) to submit to a physical examination and for an order imposing sanctions. Plaintiff has not filed any opposition to this motion. LEGAL STANDARD CCP §2032.020 provides that a party may obtain discovery by means of a physical or mental examination of a party to the action in any action in which the mental or physical condition of that party is in controversy in the action. (CCP §20...

Excerpt: ...dered the moving, opposition, and reply papers. BACKGROUND Plaintiff Brenda Cox (“Plaintiff”) filed a complaint on May 16, 2018, alleging four causes of action for general negligence, res ipsa loquitur, premises liability, and products liability. On July 3, 2018, Defendant Edgewater Towers Condominiums Homeowners' Association (“Defendant”) filed a demurrer to the res ipsa loquitur cause of action and a motion to strike that cause of actio...

Excerpt: ...llgeier (“Plaintiff”) filed a complaint on April 4, 2018, alleging five causes of action for 1) general negligence, 2) premises liability; 3) products liability – strict liability; 4) products liability – negligence; and 5) products liability – breach of warranty. On June 28, 2018, Defendant Starbucks Corporation (“Defendant”) filed a demurrer to the products liability causes of action. Plaintiff filed an opposition on July 19, 2018...

Excerpt: ...lth dba California Hospital Medical Center (“Defendant”) seeks to compel the compliance of non‐party Demonte McClure with a deposition subpoena for testimony at deposition. 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 co...

Excerpt: ...oving papers. BACKGROUND Plaintiff Noemi Linares (“Plaintiff”) filed a complaint on September 18, 2017, alleging two causes of action for motor vehicle and general negligence. On June 18, 2018, Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant” or “Metro”) filed a demurrer to each cause of action and a motion to strike punitive damages. No opposition or reply has been filed. Plaintiff's complaint arises fr...

Excerpt: ...fendant City of Los Angeles (“City” of “Defendant”). The complaint, filed January 9, 2018, alleges causes of action for negligence and negligence per se. The City filed its answer to the complaint on March 19, 2018. On June 20, 2018, Plaintiff filed the instant motion for leave to amend the complaint to include a claim of vicarious liability, a second claim of negligence and negligence per se, and allege a new defendant. The City opposes ...

Excerpt: ...s motion, Defendant submits the declaration of Sean T. Cahill (“Cahill”) and correspondence that purportedly shows an agreement to settle between the parties. Plaintiff Freeric Prinz Von Anhalta (“Plaintiff”) opposes the motion, and Defendant has replied. LEGAL STANDARD CCP § 664.6 provides that “[i]f parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court...

Excerpt: ... by defendant Wilshire Manor Apartment, LLC (“Defendant”). The complaint for personal injuries and damages was filed on December 9, 2016. Plaintiffs move for trial preference and trial setting pursuant to CCP §36(a) due to the advanced age of Plaintiff Hay. Defendant opposes the motion. Trial is currently set for February 20, 2019. LEGAL STANDARD Pursuant to CCP §36(a), a party to a civil action who is over the age of 70 must be given prefe...

Excerpt: ...e. On March 8, 2018, Plaintiff served the discovery requests on Defendant. Plaintiff's counsel granted two extensions to Defendant, and the last deadline to respond was extended to May 8, 2018. As of the filing of this motion on June 29, 2018, Plaintiff had not received responses from Defendant. Defendant has filed an opposition to the motion, and Plaintiff has replied. In opposition, Defense Counsel states that Defendant left the United States t...

Excerpt: ...051 and MC-052 and has lodged with the Court a copy of the proposed order on form MC-053 pursuant to CRC Rule 3.1362. Counsel served this motion on the only appearing defendant Uriel Ascension Vega Ponce's counsel Kristine L. Adams. The proof of service also indicates that Plaintiff Maryam Shamsali was served with the moving papers, but counsel did not appropriately confirm the Plaintiff's current address. Counsel states that it has been difficul...

Excerpt: ...) filed a complaint on March 5, 2018, alleging premises liability. On April 26, 2018, Defendant Bellflower Unified School District (“Defendant”) filed a demurrer to the complaint. Plaintiff has not filed any opposition. Plaintiff's complaint arises from premises liability based on injuries sustained by a dangerous condition on Defendant's property. Plaintiff alleges that on June 23, 2017, Plaintiff was using Defendant's premises and was injur...

Excerpt: ...eply papers. BACKGROUND Plaintiff Chadi Yassine (“Plaintiff”) filed a complaint on September 2, 2016, alleging two causes of action for premises liability and general negligence. On October 24, 2016, Plaintiff filed a first amended complaint (“FAC”) alleging premises liability, general negligence, and products liability. The FAC also added Defendants Core Health and Fitness, LLC and Core Industries LLC dba Star Trec (“Defendants”), as...

Excerpt: ...tiff”) to: (1) Request for Production of Documents (“RPD”), set one; and (2) Form Interrogatories (“FROG”), set one. Plaintiff's counsel moved to be relieved as counsel of record for Plaintiff. On November 14, 2017, the Court granted the motion, and Plaintiff's Counsel filed proof of service of the signed order on November 17, 2017. On December 6, 2017, Defendant served on Plaintiff the discovery requests. Plaintiff's responses to both ...

Excerpt: ...ts Los Angeles Community College District (“LACCD”) and County of Los Angeles[1] (“County”) for: (1) premises liability and (2) general negligence. Plaintiff alleges that on August 1, 2017 she slipped and fell on a puddle of urine in an elevator of a building owned, managed, or maintained by LACCD and the County. The County moves for judgment on the pleadings on the grounds that each cause of action fails to state a cause of action agains...

Excerpt: ...ction on January 16, 2018 against defendants City of Los Angeles (“City”) and United Parking Services, Inc. (“United Parking”). United Parking now moves to file a proposed cross‐ complaint against the City for indemnity and contribution. 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 alleged to b...

Excerpt: ...on with Defendant Pasakorn Rajchanapo (“Defendant”). The complaint, filed December 18, 2017, alleges causes of action for general negligence and motor vehicle. On May 2, 2018, Plaintiff filed the instant motion to quash Defendant's deposition subpoenas served on Infinity Insurance Company, which is an insurer of Plaintiff. LEGAL STANDARD If a subpoena requires the attendance of a witness or the production of documents, the court may, upon mot...

Excerpt: ...ned by defendant City of Pasadena (“Defendant”). Plaintiff filed this action against Defendant on May 6, 2015. The First Amended Complaint filed on April 21, 2016 alleges a cause of action for Premises Liability. Defendant moves for summary judgment. Plaintiff filed an opposition on July 11, 2018, and Defendant replied on July 19, 2018. EVIDENCE Defendant's Objections to Plaintiff's Evidence:  Objections 1-6: Sustained for the purposes of ...

Excerpt: ...laintiff”) to submit to deposition. Plaintiff is currently acting in pro per. Plaintiff's counsel was relieved as of March 27, 2018. Defendants initially served their motion to compel deposition at an address for Plaintiff that was not the address on file with the Court. The initial hearing on this matter was set for July 9, 2018. At the July 9, hearing, the Court continued the matter to the instant date to allow Defendants to properly serve th...

Excerpt: ...s (“RPD”), set one; and (2) Form Interrogatories (“FROG”), set one. This motion was initially set to be heard on July 9, 2018. However the Court continued the motion because discovery was not re‐opened when the trial date was re‐set. The Court continued the motion hearing and set an Order to Show Cause to allow the parties to file supplemental briefing addressing why discovery should not be reopened. In its order, the Court cautioned ...

Excerpt: ... Bacic to sign medical authorizations so that her medical records may be released from various facilities. Defendant served subpoenas on a number of providers identified by Plaintiff. Five of these providers have refused to provide the records absent an authorization signed by Plaintiff. Plaintiff opposes the motion, and Defendant has replied. DISCUSSION Defendant has presented no statutory or case authority for Defendant's request to compel Plai...

Excerpt: ... (1) Request for Production of Documents (“RPD”), set one; and (2) Form Interrogatories (“FROG”), set one. Plaintiff's counsel moved to be relieved as counsel of record for Plaintiff. On November 14, 2017, the Court granted the motion, and Plaintiff's Counsel filed proof of service of the signed order on November 17, 2017. On December 6, 2017, Defendant served on Plaintiff the FROG. On December 7, 2017, Defendant served on Plaintiff the R...

Excerpt: ...r 10, 2018, and trial is set for September 27, 2018. Defendants seek to continue these matters to allow for a motion for summary judgment. Defendants state that they have reserved a motion for summary judgment in this case, but the first available hearing date was October 22, 2018. Defendant attempted to schedule the summary judgment hearing for a time before the trial date, but no hearing dates were available. Plaintiff opposes this motion on gr...

Excerpt: ...in this case on April 11, 2018 alleging claims of assault and battery, negligent infliction of emotional distress, intentional infliction of emotional distress, false imprisonment/false arrest, and negligent hiring, training, supervision, and retention of unfit employees. Defendant/Cross‐Complainant 1114 Group LLC dba The Hudson (“Defendant”) seeks an order striking all references in the Complaint to punitive damages. No opposition has been...

Excerpt: ...rjikian (“Driver”) was negligently driving the car owned by moving defendant Hagop Papazian (“Papazian”). Plaintiff filed his complaint on January 13, 2016 alleging causes of action for motor vehicle and general negligence. Defendant moves for summary adjudication as to issues of negligent entrustment, respondeat superior, and tortious employment practices. Plaintiff opposes the motion. Defendant has not filed a reply to Plaintiff's oppos...

Excerpt: ...ne; (2) Form Interrogatories (“FROG”), set one; and (3) Special Interrogatories (“SROG”), set one. The Court notes that discovery in this case has not been re‐opened. 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...

Excerpt: ...cember 15, 2017, Plaintiff filed an amendment to the complaint substituting Carole M. Reese and Larry F. Hubbart as Co-Trustees of the Hubbard Irrevocable Trust (“Defendants”) for Doe 2.[1] On May 31, 2018, Defendants filed the instant motion requesting that the Court exercise its discretionary to dismiss them from this action under C.C.P. § 583.410(a) and § 583.420(a)(1) on the grounds that Plaintiff did not serve them with the summons and...

Excerpt: ... negligence. Plaintiff alleges that Defendant negligently provided care and treatment to Plaintiff, causing injury. Plaintiff is pursuing a claim of professional negligence. Defendant moves for summary judgment against the complaint. The Court is not in receipt of any opposition papers filed by Plaintiff. LEGAL STANDARD In a medical malpractice action, the elements are: “(1) the duty of the professional to use such skill, prudence and diligence...

Excerpt: ... Inc. dba Ocean Cafe (collectively, “Defendants”). Plaintiff requests the Court to set aside the dismissal entered on June 7, 2018. The instant motion was filed on June 12, 2018, and thus, is timely under CCP §473(b). Plaintiff's Counsel states that he failed to appear at the dates set for OSC re Failure to Enter Default Judgment because he understood that he did not need to appear if he filed a default judgment package before the hearing. (...

Excerpt: ... April 5, 2018 alleging claims of motor vehicle and general negligence. Defendant Yuping Gu (“Defendant”) seeks an order striking item 14a(2) of the prayer for relief in the Complaint, which states that Plaintiffs are seeking punitive/exemplary damages. No opposition has been filed as to this motion. LEGAL STANDARD The Court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or ...

Excerpt: ... Herfeh (“Plaintiff”) seeks to enforce a subpoena served on nonparty T‐Mobile Metro PCS (“T‐Mobile”). The non‐party has refused to produce Plaintiff's cellphone records without a court order. Plaintiff has served nonparty T‐Mobile with this motion to compel by personal service as required under California Rule of Court, Rule 3.1346. Plaintiff has also served this motion on Defendant. Neither Defendant nor nonparty T‐Mobile have ...

Excerpt: ...st for Production of Documents (“RPD”), set one; (2) Form Interrogatories (“FROG”), set one; and (3) Special Interrogatories (“SROG”), set one. On April 18, 2018, Defendant served the discovery responses on Plaintiff. Plaintiff's responses were due on May 23, 2018. Defense counsel granted Plaintiff an extension until June 18, 2018. As of the filing of the motions on June 20, 2018, Defendant has not received responses from Plaintiff. P...

Excerpt: ...intiff alleges that Defendants negligently provided care and treatment to Plaintiff, causing injury. Plaintiff is pursuing claims of professional negligence. Defendant moves for summary judgment against the complaint. The Court is not in receipt of any opposition papers filed by Plaintiff. On July 18, 2018, Defendant filed a notice stating that it had not received any opposition from the Plaintiff either. LEGAL STANDARD In a medical malpractice a...

Excerpt: ...as considered the moving, opposition and reply papers. BACKGROUND Plaintiffs Song Gao (“Gao”) and Ying Liu (“Liu”), individually and as guardian ad litem for minor Geoffrey Gao (“Geoffrey”) (collectively “Plaintiffs”) filed a complaint on January 11, 2018, alleging two causes of action for professional negligence and negligent infliction of emotional distress (“NIED”). On May 29, 2018, Plaintiffs filed a First Amended Complain...

Excerpt: ...a Gurevich (“Plaintiff”) filed a complaint on April 10, 2018, alleging negligence premises liability. On June 22, 2018, Defendant Trader Joe's Company, Inc. (“Defendant”) filed a demurrer to the complaint. Plaintiff filed an opposition on July 9, 2018, 2018. Defendant filed a reply on July 16, 2018. Plaintiff's complaint arises from a slip and fall that occurred at Defendant's store. On April 1, 2017, Plaintiff was at Defendant's business...

Excerpt: ...enny Yiuning Koo (“Defendant”) including causes of action for motor vehicle and general negligence. Plaintiff requests that the Court grant a preliminary injunction to enjoin and restrain Defendant from selling or transferring any real property owned by Defendant until the resolution of this case. Defendant opposes this motion, and Plaintiff has replied. LEGAL STANDARD The purpose of a preliminary injunction is to preserve the status quo pend...

Excerpt: ...n for negligence by each defendant. Defendants Lucille Ankilsby Renville and Kathy Kilsby (“Defendants”) move to compel Plaintiff Tristan Hatfield (“Plaintiff”) to attend a second physical examination. Plaintiff objected to Defendants' demand for a second Independent Medical Examination (“IME”) by Dr. Kenneth Jung. As such, Defendants have brought the instant motion to compel. Plaintiff opposes the motion, and Defendants have replied....

Excerpt: ...isa 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 instead th...

Excerpt: ...laintiff Justine Sanchez (“Plaintiff”). Plaintiff's responses were due on May 9, 2018. Defense counsel contacted Plaintiff about the lack of responses on May 21, 2018. As of the filing of the motions on June 21, 2018, Defendant had not received responses from Plaintiff. Plaintiff has not filed a formal opposition to Defendant's motion. However, on July 19, 2018, Plaintiff filed and served an ex parte application to continue the trial and inst...

Excerpt: ...f Documents (“DIPD”), set one; and (2) Form Interrogatories (“FROG”), set one. On January 11, 2018, Defendant served the discovery responses on Plaintiff. Defense counsel granted Plaintiff an extension until May 21, 2018. As of the filing of the motions on June 4, 2018, Defendant has not received responses from Plaintiff. Plaintiff has not filed any opposition to Defendant's motions. Defendant's motions to compel responses to the DIPD and...

Excerpt: ... Advancement & Innovative Health (collectively, “Defendants”). Plaintiff did not file proof of service as to Defendants until February 9, 2018. On May 7, 2018, Defendants filed the instant petition to compel arbitration. Plaintiff opposes the petition, and Defendants have replied. LEGAL STANDARD Under CCP § 1281, a “written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable ...

Excerpt: ...ethel Askins and Dignity Health dba Glendale Memorial Hospital and Health Center (“Defendants”) based on allegations of medical negligence in the treatment of Noah Fagan (“Noah”). Plaintiffs are pursuing a claim of professional negligence against all defendants. Defendant Dignity Health dba Glendale Memorial Hospital and Health Center (“Dignity Health”) moves for summary judgment against Plaintiffs' complaint. Plaintiffs filed a notic...

Excerpt: ...e hearing on the motion for summary judgment to August 1, 2018 at 1:30 pm. The Court continues the motion so that Plaintiff may resubmit the objections to Defendant's evidence filed on July 6, 2018. Plaintiff's first objection appears to be an amalgamation of multiple objections to the Wilson declaration. The Court orders Plaintiff to break apart these objections and state the grounds more clearly. CRC rule 3.1354 requires that the objecting part...

Excerpt: ...tion of Documents (“DIPD”), set two. An Informal Discovery Conference (“IDC”) was held on July 5, 2018. The parties were unable to resolve the dispute. Thus, Plaintiff filed an opposition to the motion, and Defendant replied. The dispute relates to the recording of Plaintiff's Independent Medical Examination (“IME”) conducted on March 16, 2018. DIPD nos. 18 and 19 request the following disclosures from Plaintiff:  DIPD 18: A true a...

Excerpt: ...r Country Club Inc., Ryan Wingo, and Alex Fultz (collectively, “Defendants”) alleging causes of action for negligence and premises liability. Plaintiff alleges in the complaint that a patio heater fell on Plaintiff causing her injury as the result of Defendants' negligence. Defendants move for summary judgment or in the alternative summary adjudication as to the claims of the Complaint. Plaintiff opposes the motion, and Defendants have replie...

Excerpt: ...otion for leave to file a First Amended Cross‐Complaint (“FACC”) to include additional facts to support a claim for breach of contract. (See Ex. 1 [Proposed First Amended Complaint].) No opposition has been filed. LEGAL STANDARD 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 correc...

Excerpt: ...d the complaint in this action on April 27, 2018, alleging premises liability and general negligence. On June 21, 2018, Defendant City of Los Angeles (“Defendant”) filed a demurrer to the complaint. Plaintiff's complaint arises from a broken bone he suffered because of a fall on Defendant's premises. (Compl., ¶ Prem.L‐1.) On April 28, 2016, Plaintiff was on a jungle gym at Fullbright Elementary. (Ibid.) Plaintiff fell off and broke his arm...

Excerpt: ...atrick Williams and Catherine Williams. Richard Patrick Williams (“Defendant”) moves to compel Plaintiff to submit to a physical examination and for an order imposing sanctions. Plaintiff opposes the motion, and Defendant has replied. LEGAL STANDARD CCP §2032.020 provides that a party may obtain discovery by means of a physical or mental examination of a party to the action in any action in which the mental or physical condition of that part...

Excerpt: ...sts for Admission (“RFA”), set one and Defendant's Form Interrogatories (“FROG”), set two. The parties participated in an Informal Discovery Conference (“IDC”) on May 17, 2018. The parties reached an agreement as to production of further responses to certain items but were unable to resolve other issues. Thus, the parties filed a joint statement to apprise the Court as to which items still remain in dispute. In the joint statement, Pl...

Excerpt: ...eva, Albert Finkelshtein, and Inessa 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...

Excerpt: ... Pineda failed to include a meet and confer declaration with the moving papers. Upon review of the case file, the Court is still not in receipt of Marina Pineda's meet and confer declaration. Defendant Marina Pineda is ordered to file the meet and confer declaration before the July 9, 2018 hearing and bring a conformed copy before this motion may be heard. If Counsel provides the conformed meet and confer declaration at or before the hearing on J...

Excerpt: ...laintiff Alan Douglas (“Plaintiff”) filed his initial complaint in this action on March 5, 2018, alleging professional negligence against Nancy Zimmerman, Jay Neal Schapira, M.D., and Cedars Sinai Medical Center (collectively, “Defendants”). On April 18, 2018, Plaintiff filed a First Amended Complaint as a matter of course. On May 8, 2018, Defendant Cedars‐Sinai Medical Center (“Cedars”) filed the instant demurrer to the First Amend...

Excerpt: ... Laniado (“Plaintiff”) to submit to deposition. Plaintiff is currently acting in pro per. Plaintiff's counsel was relieved as of March 27, 2018, when Plaintiff's former counsel filed proof of service of the order granting Plaintiff's counsel's motion to be relieved as counsel. Plaintiff's Counsel served the order on Plaintiff at her address on file ‐‐ 12601 Hatteras Street, Valley Village, CA 91607 ‐‐ the address that Plaintiff's coun...

Excerpt: ... two motions—a motion to compel responses to form interrogatories and a motion to compel responses to requests for production of documents. A motion must be brought separately for each discovery method at issue. Accordingly, the moving party is ordered to pay one additional filing fee. Proof of payment must be submitted to the Court Judicial Assistant in Department 5 no later than 1:30 pm on the hearing date of July 9, 2018. If the additional f...

Excerpt: ...eptember 14, 2017 and September 26, 2017, respectively. The Court ordered the moving party -- Roxana Portillo -- to give notice. The July 18, 2017 order deeming the cases related was filed in both case files. The moving party -- Roxana Portillo – failed to give notice as ordered. Dismissal was entered, in both case files, on September 26, 2017 for all parties' failure to appear at the date set for trial. Plaintiff's Counsel states that she fail...

Excerpt: ...��) for Plaintiff's failure to obey a Court order compelling his appearance at deposition. Plaintiff has not filed any opposition. LEGAL STANDARD 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 the...

Excerpt: ...on that occurred on March 16, 2017. Plaintiff Carlos Mendoza (“Plaintiff”) filed the complaint in this action on February 20, 2018 alleging causes of action for negligence and negligence per se against Defendant Los Angeles County Metropolitan Transportation Authority (“LACMTA”). Plaintiff has filed a petition for relief from government claim requirement with regards to LACMTA and for leave to file a civil action. LACMTA has not filed any...

Excerpt: ... the Court posted online a tentative order stating that the motion would have to be continued because the objections that Plaintiff filed did not clearly identify the evidence to which Plaintiff objects, and the separate statement that Plaintiff filed did not identify Plaintiff's counter‐evidence for disputed facts. The Court instructed Plaintiff to file a new statement of objections compliant with CRC Rule 3.1354(b) and a new separate statemen...

Excerpt: ...al is set for September 17, 2018. Defendant seeks to continue these matters to allow for a meaningful period of discovery. Defendant states that the complaint in the case was filed on March 15, 2017, but he was not served with the summons and complaint until April 14, 2018. Defendant requests that the trial and all discovery dates be continued so that Defendant may complete discovery. Defense counsel attempted to obtain a stipulation as to the co...

Excerpt: ...ively, “Defendants”). The subpoenas were issued and served on Interinsurance Exchange Auto Club and GEICO. The Court is not in receipt of any opposition from Defendants. Court staff called the moving party to confirm that no opposition has been filed. The moving party confirmed that no opposition has been filed but also stated that the parties are attempting to resolve the issues before the hearing. DISCUSSION The instant motion is CONTINUED ...

Excerpt: ...requests that the Court set aside the dismissal entered on May 14, 2018 when the parties failed to timely appear for trial. The instant motion was filed on June 7, 2018, and thus is timely under CCP §473(b). Plaintiff's Counsel states that both parties agreed to continue the trial date in this matter, but the stipulation was not filed until May 9, 2018.[1] (Newnan Decl., at ¶ 5.) On May 11, 2018, the parties agreed that Defense counsel would sp...

Excerpt: ...Defendant the End Zone Sports Bar and Restaurant (“Defendant”). Plaintiff also requests sanctions. Defendant opposes the motion. The moving papers indicate that the trial in this matter was continued by stipulation of the parties for the purpose of resolving the issues with the deposition of Adaimy. Defendant does not contradict this statement. Nor does Defendant argue that discovery in this matter is closed. Upon examining the stipulation to...

Excerpt: ...fendants”). The complaint for personal injuries and damages was filed on March 21, 2018. Plaintiff moves for trial preference and trial setting pursuant to CCP §36(a). Defendant opposes the motion. Trial is currently set for September 23, 2019. LEGAL STANDARD Pursuant to CCP §36(a), a party to a civil action who is over the age of 70 must be given preference if the party has a substantial interest in the action as a whole, and the health of t...

Excerpt: ...e instant motion to set aside the default entered against him on the basis that he did not have actual knowledge of the complaint filed against him until it was too late to defend the action. He moves pursuant to CCP §473.5. Plaintiff Juvencia Sotelo De Alvarez (“Plaintiff”) opposes the motion, and Defendant has replied. EVIDENCE Plaintiff's Objections to Defendant's Evidence:  <001d000300320059004800 00560003005700520003[Counsel's first ...

Excerpt: ...quests sanctions. Plaintiff opposes the motion, and Defendant 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 inspection...

Excerpt: ...laintiff Kimberly A. Rodgers (“Plaintiff”). The Complaint, filed on September 20, 2016, alleges causes of action for medical malpractice and medical battery against Defendant and other medical entities and professionals. Plaintiff filed an opposition to this motion on June 19, 2018[1] requesting that the Court continue this motion so that Plaintiff may complete discovery prior to the hearing of the merits of this motion. Plaintiff did not off...

Excerpt: ...atrol (“Defendants”). The complaint, filed April 4, 2017, alleges causes of action for negligence and motor vehicle. Defendants filed an Answer to the complaint on May 18, 2017. On May 25, 2018, Plaintiff filed the instant motion for leave to amend the complaint to include additional facts to bring in a new defendant and to add a cause of action for products liability. No opposition has been filed. LEGAL STANDARD CCP §473(a)(1) states: “Th...

Excerpt: ...(“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. At the time for the original hearing on this motion on April 11, 2018, Plaintiff had not filed an opposi...

Excerpt: ...f”) allegations of and prayer for punitive/exemplary damages. Plaintiff's Complaint alleges that Defendant Rodriguez was driving his vehicle in a “‘street racing' manner, including but not limited to purposefully sliding, also known as ‘drifting' his car in a busy intersection,” which resulted in an impact with the Plaintiff's vehicle causing her substantial injury. (Compl., pg. 6.) LEGAL STANDARD The Court may, upon a motion, or at any...

Excerpt: ...ndant”). Plaintiff requests the Court to set aside the dismissal entered on March 15, 2018. The instant motion was filed on June 4, 2018, and thus, is timely under CCP §473(b). Plaintiff's Counsel states that he failed to appear at the dates set for OSC re Dismissal for failure to serve the complaint because he failed to calendar the date. (Khakshooy Decl., at ¶ 3.) Counsel also states that the parties signed a stipulation to transfer the cas...

Excerpt: ...13. Initially, Plaintiffs alleged claims of professional negligence and loss of consortium against defendants Anthony Virella, M.D., and Does 1 through 100. Subsequently, Plaintiffs made several Doe amendments. The Doe amendment relevant to this motion was made on September 15, 2016 substituting defendant Larry Teik‐man Khoo, M.D. (“Dr. Khoo” or “Defendant”) as “Doe 1.” On December 21, 2016, Dr. Virella was dismissed from this actio...

Excerpt: ...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 that p...