Excerpt: ...n Fox Spiegelman Living Trust (“Defendants”) move for an order compelling Plaintiff to submit to a neurological examination by Dr. Jeffrey Bounds, MD, JD, FAAN. Plaintiff opposes the motion, and Defendant has replied. Plaintiff's opposition was filed after the statutory deadline. Defendants request that the Court not consider the opposition as it was untimely field. The Court has broad discretion to refuse to consider untimely filed papers. (...

Excerpt: ... on February 8, 2018, alleging two causes of action for general and motor vehicle negligence. On April 23, 2018, the Court related this case with Rodriquez v. City of Irwindale et al. LASC Case No. BC665690 (the “lead case”). On May 25, 2018, Defendant Emilio Colorado (“Defendant”) filed a demurrer to the Complaint. There is also a pending motion to consolidate the cases by Tony Lai, a Defendant, Cross‐Defendant and Cross‐Complainant ...

Excerpt: ...n March 28, 2017 and March 29, 2017.[1] Defendants Jose Salcido and Manuel Huerta Trucking, Inc. (“Defendants”) oppose the motion, and Plaintiff has replied. This motion was first heard on June 7, 2018. The Court continued the motion to the instant date to allow Defendants to submit a declaration establishing their costs incurred as a result of Plaintiff's admissions. Defendants submitted the supplemental declaration on June 12, 2018. On June...

Excerpt: ...1] (“Plaintiff”) alleges that he was injured when he slipped and fell on the premises owned or controlled by defendant Falcon Car Wash, LLC (“Falcon”). Plaintiff is mentally disabled and was at the car wash as part of a group supervised by defendant Social Vocational Services, Inc. (“SVS”). As a result of the injuries sustained, Plaintiff filed the complaint on December 8, 2015 alleging causes of action for premises liability, neglige...

Excerpt: ... Gayle Bard, and Samra Araghi. Katherine Gayle Bard (“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 party is in contr...

Excerpt: ...ly papers. BACKGROUND Plaintiffs Nasser Nehme and Alicia Buczek (“Plaintiffs”) filed a complaint on February 16, 2018, alleging two causes of action for general negligence and motor vehicle negligence. On May 23, 2018, Defendant Maximo Gomez‐Fernandez (“Defendant”) filed a demurrer and a motion to strike the punitive damages and prejudgment interest claims. Plaintiffs filed an opposition on June 5, 2018. Defendants filed a reply on June...

Excerpt: ...Court order compelling his responses to form interrogatories, special interrogatories, and request for production of documents. 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 discov...

Excerpt: ...tition. The total fees and expenses to be paid from the settlement proceeds are reflected as $26,119.00 in item 17e of the Petition. However, if Medi-Cal will receive $21,674.10 from the settlement proceeds as reflected in item 13b(4)(c) of the petition, the total fees and expenses to be paid from the settlement proceeds are actually $47,793.10 – not $26,119.00 as reflected in item 17e of the Petition. Further, if Medi-Cal will receive $21,674....

Excerpt: ...is set for July 26, 2018. Plaintiffs seek to continue these matters to allow for the conclusion of Plaintiff Setlin's medical treatment and the completion of discovery. Plaintiff states that Plaintiff Setlin's injuries have required complex and ongoing orthopedic care which has not yet been completed. In addition, Defendant Carrie Ketchum suffers from a medical condition which has prevented her from sitting for her deposition. Finally, Plaintiffs...

Excerpt: ...ff served the discovery requests on Defendant. Defendant's discovery responses were due on April 23, 2018. Plaintiff's counsel granted an extension of 10 days. As of the filing of the motions on May 11, 2018, Plaintiff has not received responses from Defendant. Defendant has not filed an opposition to Plaintiff's motions. Plaintiff moves under CCP §2033.280 to deem the RFA admitted. Where there has been no timely response to a request for admiss...

Excerpt: ..., 2018, Defendant filed the instant motion to set aside the default entered against him on the basis that he was not properly served with the summons and complaint and did not learn of the lawsuit until default had been entered against him. He moves pursuant to CCP §473(d). Plaintiff Juvencia Sotelo De Alvarez (“Plaintiff”) opposes the motion, and Defendant has replied. LEGAL STANDARD Under CCP § 473(d) “the court may, upon motion of the ...

Excerpt: ...a (“Plaintiff”) filed the original complaint in this action on August 17, 2017 and the First Amended Complaint on March 19, 2018, alleging a cause of action for negligence against Defendants City of Pico Rivera, County of Los Angeles, Los Angeles County Sherriff's Department and Blanca Creta; and (2) negligence against Defendant Tony Lai. The complaint was amended to name Emilio Colorado as Doe 1. Plaintiff has filed a petition for relief fro...

Excerpt: ..., trial, and all trial related dates in this action. The FSC is currently set for November 1, 2018, and trial is set for November 15, 2018. Plaintiff seeks to continue these matters to allow for the determination of the nature and extent of Plaintiff's injuries. Plaintiff states that the injury took place on August 27, 2015, when he was six years old. Plaintiff was playing on the school playground when another student lifted Plaintiff and then fe...

Excerpt: ...n <0003004400530053004f00 00550048005400580048[sting the same relief as requested in the instant motion. On May 29, 2018, the Court issued a ruling as to all items requested in this motion. For the reasons that follow, Plaintiffs' motion to compel, filed May 22, 2018, is denied.[1] Discovery Cut Off Plaintiffs' motion to compel production of documents is denied on the grounds that this motion was filed and is being heard after the discovery cutof...

Excerpt: ...18, the parties participated in an Informal Discovery Conference (“IDC”). The parties did not resolve all of their discovery disputes at the IDC. Thus, Plaintiffs and defendant the Bicycle Casino Inc. (“Defendant”) filed a joint statement to inform the Court which discovery items remain at issue. DISCUSSION Plaintiffs move for an order compelling Defendant's further response to Plaintiffs' Request for Production of Documents (Set Two), Re...

Excerpt: ...��Plaintiff”) to: (1) Request for Production of Documents (“RPD”), set one; (2) Form Interrogatories (“FROG”), set one; and (3) Special Interrogatories (“SROG”), set one. Defendant has also filed a fourth motion to compel Plaintiff's appearance at deposition. MOTIONS TO COMPEL WRITTEN DISCOVERY On October 25, 2017, Defendant served the discovery requests on Plaintiff. Plaintiff's discovery responses were due on November 30, 2017. De...

Excerpt: ...EGAL STANDARD <0048005500030056004800 00030044000300470048>position 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 deposition of a party...

Excerpt: ... were riding their motorcycle when an alleged collision occurred with defendant Emily Binh Vu,[1] operating a Toyota Avalon, and Byron Del Cid operating a bus owned by Transportation Charter Services, Inc. (“TCS”). The complaint filed on February 3, 2017, alleges a cause of action for negligence against all defendants. Defendants Del Cid and TCS (collectively “Defendants”) move for summary judgment. Plaintiffs oppose the motion, and Defen...

Excerpt: ...moving papers that CMI is an entity that “investigate[s] all of Defendant's general liability insurance claims in anticipation of litigation.” (Def. Mot., at pg. 1.) Defendant also claim that CMI is thus a “client” of defense counsel, and any evidence procured by CMI is privileged as a confidential communication or as attorney work product. However, Defendant does not provide any evidence to support its claims of privilege. The Court cann...

Excerpt: ...led on May 16, 2017. Defendant Los Angeles World Airports, sued as City of Los Angeles and Los Angeles World Airports Department, (“Defendant”) moves for undertaking in the sum of $17,344.27. Plaintiff opposes the motion, and Defendant has replied. EVIDENCE Defendant makes the following objections to Plaintiff's evidence in opposition to the motion:  Objection 1: Sustained. Plaintiff's filing related to the pending motion to compel further...

Excerpt: ...liability on September 21, 2016. Plaintiff filed Amendments to the Complaint, naming several parties as defendants. Defendants Farzad Rabbany, D.C. and David Hoorfar, D.C. (“Moving Defendants”) filed a cross‐complaint on April 7, 2017. Moving Defendants have brought the instant motion for summary judgment against Plaintiff. Atlas Chiropractic Medical Group (“Atlas”) filed a notice of joinder in this matter as well as its own separate st...

Excerpt: ...ntiff”) for Plaintiff's failure to obey a Court order. Plaintiff's counsel recently moved to be relieved as counsel. On May 1, 2018, the Court granted Plaintiff's counsel's motion to be relieved. Counsel filed proof of service of the order on May 2, 2018. Before being relieved, Plaintiff's counsel filed an opposition on Plaintiff's behalf. No other documents have been filed on behalf of Plaintiff since Counsel was relieved. This motion was prev...

Excerpt: ...ay 18, 2018. Counsel has filed the requisite forms pursuant to CRC Rule 3.1362. In seeking to withdraw as counsel, Counsel declares that Plaintiff has passed away and that Plaintiff's father has been non‐cooperative. According to the proof of service and MC‐052 form, Counsel served Plaintiff at his last known mailing address by mail, which was confirmed by telephone within the past 30 days of filing the motion. Defendants were also served wit...

Excerpt: ...set for July 2, 2018, and trial is set for July 16, 2018. Defendant Providence Health System—Southern California dba Providence Little Company of Mary Medical Center Torrance joins Dr. Patel in this motion to continue trial. Dr. Patel seeks to continue the trial and all related dates because Dr. Patel was added to this litigation by Doe amendment on February 21, 2018, and Dr. Patel was served on March 5, 2018. Dr. Patel contends that he will ne...

Excerpt: ...is action as successors‐in‐interest to Decedent's claims against Defendant Los Angeles Unified School District (“Defendant”). Judgment was entered in favor of Defendant on January 25, 2018. Plaintiffs filed the instant motion to tax prevailing Defendant's Memorandum of Costs. Defendant opposes the motion. This motion was first heard on April 18, 2018. At the hearing, the Court allowed the parties to submit additional briefing as to some i...

Excerpt: ...eputy Delwin Lampkin on December 5, 2014. At the conclusion of trial, the jury returned a verdict for the defense. Plaintiffs filed the instant motion to tax Defendant's Memorandum of Costs. Defendant opposes the motion, and Plaintiff has replied. LEGAL STANDARD Code of Civil Procedure § 1033.5(a) sets forth items that are allowable as costs. Allowable costs under § 1033.5 must be “reasonably necessary to the conduct of this litigation rather...

Excerpt: ...rragan (“Plaintiff”) filed a complaint against defendants Ernesto Adolfo Espinoza Cortes (“Cortes”) and LMT Transport, Inc. (“LMT”) on March 6, 2017. Plaintiff served a subpoena for Defendant Cortes's telephone and other data records on Cortes's telephone service provider, Sprint. Plaintiff's subpoena requests many different types of records for the six‐month period of May 7, 2015 to November 3, 2015. LEGAL STANDARD If a subpoena re...

Excerpt: ...ragan”), Foothill Transit, and First Transit, Inc. (collectively, “Defendants”). The complaint filed by Plaintiffs Pao Shiu Tsai, Jasper Tsai, and Shen Tsai (“Plaintiffs”), on December 9, 2016, alleges a cause of action for negligence causing wrongful death. Defendants move for summary judgment or, in the alternative, summary adjudication. Plaintiffs oppose the motion, and Defendants have replied. After the hearing on this motion on May...

Excerpt: ...laintiff's opposition, the Court has discovered that Plaintiff's Objections to Defendant's Evidence and Plaintiff's Separate Statement of Undisputed Material Facts are both in an improper format. Plaintiff's objections fail to follow the requirements of California Rules of Court, Rule 3.1354. Rule 3.1354 requires that the objecting party: (1) Identify the name of the document in which the specific material objected to is located; (2) State the ex...

Excerpt: ... or managed by defendant Richard Marquez (“Defendant”). The Complaint was filed December 9, 2016. Defendant filed an Answer to the Complaint on April 12, 2017. On May 17, 2018, Defendant filed this instant motion for leave to amend the answer. 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 ...

Excerpt: ... trial date has already been continued a number of times. The most recent continuance occurred upon Defendant's filing of an ex‐parte application on April 2, 2018. Defendants seek to continue these matters to allow for the conclusion of discovery. On May 17, 2018, Defendants filed an ex‐parte application to compel the production of certain documents from Plaintiff as well as to continue trial and set an Informal Discovery Conference (“IDC�...

Excerpt: ...uest for Production of Documents (“RPD”), set one; (2) Form Interrogatories (“FROG”), set one; and (3) Special Interrogatories (“SROG”), set one. Defendant has also filed a fourth motion to deem admitted the Requests for Admissions (“RFA”), set one. Plaintiff's former counsel moved to be relieved as counsel. On June 29, 2017, the Court granted Defendant's motion. Proof of service of the order granting counsel's motion on Defendant...

Excerpt: ...roduction of Documents (“DPD”), set one; (2) Form Interrogatories (“FROG”), set one; and (3) Special Interrogatories (“SROG”), set one. On January 24, 2018, Defendants served the discovery requests on Plaintiffs. Plaintiffs' responses were due on February 28, 2018. Plaintiffs requested an extension to March 10, 2018. The moving papers do not clearly establish that Defendants agreed to this extension. Either way, Defendants have not re...

Excerpt: ...ansport Corporation, and Raymond Harry Humecky (“Defendants”) seek to compel the compliance of non‐party Oganes Nardos (“Nardos”) of Absolute Control Transitional Counseling Center with a deposition subpoena. 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 ...

Excerpt: ...k on property managed by defendant MEI Real Estate Services (“Defendant” or “MEI”). Plaintiff filed this action on September 11, 2013, alleging causes of action for Premises Liability and General Negligence. Defendant MEI was added by Doe amendment to the complaint on December 29, 2016 and was served with the complaint on January 23, 2017. Defendant MEI moves for summary judgment, or in the alternative summary adjudication, as to both the...

Excerpt: ...nzalez (“Defendant”). Defendant now moves to file a proposed cross‐complaint against a party not yet named in this 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 alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his c...

Excerpt: ...ant”) and to compel Defendant's deposition. Tiffany Walls‐Fox of Kirk & Myers (“Defense Counsel”) represents both Defendant Flores and co‐defendant Best Tec, who was Defendant Flores's employer at the time of the motor vehicle collision. At the March 16, 2018 hearing on compelling discovery responses, the Court learned from Defense Counsel that Defense Counsel filed the answer on behalf of Defendant Flores without Defendant Flores's kno...

Excerpt: ...s that she was injured when she slipped and fell on the property owned, maintained, or controlled by defendants Nationwide Janitorial Services, Inc. and Starwood Retail Partners, LLC (“Defendants”). Defendants now moves to file a proposed cross‐complaint against an entity not yet a party to this 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: ...

Excerpt: ... (“Halper”); and David Halper as Successor Trustee of the Lyle M. and Joan L. Schreder Trust (“Trust”) on March 23, 2015. The First Amended Complaint, filed on August 18, 2015, alleges causes of action for premises liability and general negligence. Halper moves for summary judgment against Plaintiff. Plaintiff opposes the motion, and Halper has replied. LEGAL STANDARD The function of a motion for summary judgment or adjudication is to all...

Excerpt: ...uments (“DIPD”), set one; and (2) Form Interrogatories (“FROG”), set one. On January 2, 2018, Defendant served the discovery requests on Plaintiff. Plaintiff's discovery responses were due on February 6, 2018. Defense counsel granted several extensions to February 20, 2018, to March 6, 2018, to March 20, 2018, and then finally to March 27, 2018. No responses were received on March 27, 2018. Instead on March 27, 2018 at 5:54 pm, Plaintiff ...

Excerpt: ...on February 6, 2018. On its own motion, the Court CONTINUES this hearing to July 11, 2018 at 1:30 pm in this department. The Court issues no ruling on the merits of this motion at this time. Defendant filed an untimely opposition to this motion, which raises key questions about whether the RFA was properly served and whether Defendant's responses may be deemed admitted upon this motion. However, the Court is not in receipt of a reply from Plainti...

Excerpt: ...�RFA 2”). On March 12, 2018, Defendant served the RFA 2 on Plaintiff Marshall Dean (“Plaintiff”). Plaintiff's responses were due on April 11, 2018. As of the filing of this motion on April 30, 2018, Defendant had not received responses from Plaintiff. The motion and the RFA 2 were served on the Plaintiff's address provided on the complaint. Plaintiff is acting in propia persona. Plaintiff has not filed any opposition to Defendant's motion. ...

Excerpt: ...their respective employment for different agencies. The complaint, filed November 27, 2017, alleges a cause of action for negligence against Doe and his employer. On May 1, 2018, proposed Intervenor Zurich American Insurance Company (“Zurich”) filed a petition for leave to intervene pursuant to Labor Code, §3852. Zurich states that Plaintiff was acting within the scope of her employment at McDonald's Restaurant, Zurich's insured, at the time...

Excerpt: ...nt”) and to compel Defendant's deposition. Tiffany Walls‐Fox of Kirk & Myers (“Defense Counsel”) represents both Defendant Flores and co‐defendant Best Tec, who was Defendant Flores's employer at the time of the motor vehicle collision. At the March 16, 2018 hearing on compelling discovery responses, the Court learned from Defense Counsel that Defense Counsel filed the answer on behalf of Defendant Flores without Defendant Flores's know...

Excerpt: ...y papers. BACKGROUND Plaintiff Catherine Tucker (“Plaintiff”) filed a complaint on May 19, 2017, alleging two causes of action for premises liability and general negligence. On March 9, 2018, Defendants Rolling Frito‐Lay Sales, LP, Frito‐Lay Inc., and Pepsico Inc. (“Defendants”) filed a demurrer to each cause of action of the Complaint. Plaintiff filed an opposition on March 27, 2018. Defendants filed a reply on April 2, 2018. On Apri...

Excerpt: ... Dipla at Plaintiff's last known mailing address, which Counsel states he has confirmed as current within 30 days of the motion by mail return receipt requested, telephone, and conversation with the client in person. Counsel states that Plaintiff and Counsel have come to a point of irreconcilable differences, which makes the continued representation impossible. Based on the notice of motion and the declaration filed by counsel, the Court is incli...

Excerpt: ...al injuries and damages on October 6, 2017. Plaintiff moves for trial preference and trial setting pursuant to CCP §36(a). Defendant Ed Ramia (“Defendant”) opposes the motion. Trial is currently set for April 8, 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 the party is such that a p...

Excerpt: ...1:30 pm. The Court is not in receipt of a Separate Statement from Plaintiff Milo Arita (“Plaintiff”). Plaintiff filed his opposition papers on May 10, 2018. The Court did receive a document titled “Separate Statement of Undisputed Material Facts in Support of Defendant's Motion for Summary Judgment” with a file stamp of May 10, 2018 – the same date on which Plaintiff's opposition papers were all filed. This appears to be the exact same ...

Excerpt: ...13. The action was commenced on March 11, 2015. The operative first amended complaint, filed June 17, 2016, alleges causes of action for motor vehicle and general negligence. (The second amended complaint was stricken.) Plaintiff has been representing himself in propia persona since May 4, 2016. On September 25, 2017, the Court dismissed the action without prejudice based on Plaintiff's failure to appear for trial. (CCP § 581(b)(5).) On October ...

Excerpt: ... to the petition. Petitioner has submitted copies of the relevant medical report. The petition is properly verified by Petitioner. Petitioner previously filed petitions to approve the compromise of the minor's claim on October 25, 2017, February 1, 2018, and March 27, 2018. The court rejected each of these petitions and denied them without prejudice due to defects in service and defects in the petitions. The Court's review of the second amended p...

Excerpt: ...plaint for damages against Defendant the Alden Family Limited Partnership (“Defendant”) alleging causes of action for Gneral Negligence and Gross Negligence. On January 12, 2018, Plaintiff filed a First Amended Complaint alleging an additional cause of action for Strict Liability of an Ultrahazardous Activity. Defendant moves for summary judgment or in the alternative summary adjudication as to the claims of the First Amended Complaint. Plain...

Excerpt: ...roceed. Counsel has served Plaintiff Hunter Jacob Shapiro Throckmorton by substitute service at Plaintiff's last known mailing address, which Counsel states he has confirmed as current within 30 days of the motion by telephone with the client's father. The Court finds the service on the client was sufficient. However, Counsel has failed to file a proof of service of this motion on the other parties in this action. The Court also notes that Counse...

Excerpt: ...T-Mobile Metro PCS. The non- party has refused to produce Plaintiff's cellphone records without a court order. This motion was previously heard on May 2, 2018. At the hearing, the Court continued the motion to this date so that Plaintiff could file proper proof of service of this motion on the non-party deponent. Ordinarily, the Court would have denied the motion without prejudice for the failure to serve the non-party, but the Court noted that t...

Excerpt: ...ment 7 respectively. “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, the two cases have not yet been related, which is required prior to consolidating the cases. (Cal....

Excerpt: ...gainst defendants Nora Escobedo and Ernestina Munoz (“Moving Defendants”) as well as Carolyn Jeffers and Harold Jeffers (“Jeffers Defendants”) on January 10, 2018. The Court is not in receipt of any proof of service of the summons for any of the defendants in this case. Nonetheless, the Moving Defendants filed an answer to the First Amended Complaint on March 29, 2018. The Jeffers Defendants have not yet appeared. Plaintiff has not attemp...

Excerpt: ...nor Helmsman Management Services, LLC (“Helmsman”) has filed a petition for leave to intervene pursuant to Labor Code, § 3852. Helmsman states that Plaintiff was acting within the scope employment of ADP Totalsource FL XVI, Inc. at the time of the incident. Helmsman also contends that it provided payment for the workers' compensation benefits of Plaintiff as a result of this collision. Helmsman states that it has paid to Plaintiff certain mo...

Excerpt: ...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 court “shall” grant a motion to deem admitted requests for admissions, “unless it finds that the party to whom the requests for admission have been directed has served, before the he...

Excerpt: .... Defendant J. Michael Spooner (“Defendant”) seeks to compel the compliance of non‐party John Girard Construction (“JGC”) 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 be...

Excerpt: ...a utility cover recessed into a sidewalk. The complaint for personal injuries and damages was filed on August 17, 2017. Plaintiff moves for trial preference and trial setting pursuant to CCP §36(a). Defendant Southern California Gas Company (“Defendant”) opposes the motion, and Plaintiff has filed a reply. Trial is currently set for February 19, 2019. LEGAL STANDARD Pursuant to CCP §36(a), a party to a civil action who is over the age of 70...

Excerpt: ...nt, filed January 12, 2017, alleges causes of action for negligence and motor vehicle. Defendant filed an Answer to the complaint on February 23, 2017. On May 2, 2018, Defendant filed this instant motion for leave to amend the answer to include an additional affirmative defense of res judicata. Plaintiff opposes this motion. LEGAL STANDARD CCP §473(a)(1) states: “The court may, in furtherance of justice, and on any terms as may be proper, allo...

Excerpt: ...ff Justin Gonzalez The court has considered the moving, and opposition papers. BACKGROUND Plaintiff Justin Gonzales (“Plaintiff”) filed a complaint on August 6, 2015 against Kun Park and Does 1 through 25 alleging two causes of action for motor vehicle negligence and general negligence. Kun Park has since been dismissed by Plaintiff. On September 21, 2016, Plaintiff added Defendants Dolores Corona (“Dolores”) and Philip Corona (“Philip�...

Excerpt: ...ess Services and San Gabriel Transit Inc. (“Defendants”). Plaintiff's successors in interest seek to substitute in for the now deceased Plaintiff. LEGAL STANDARD A decedent's successor in interest may continue a pending action so long as the successor in interest provides a sufficient statement to the Court. Under CCP § 377.32, the successor in interest (a) . . . shall execute and file an affidavit or a declaration under penalty of perjury u...

Excerpt: ...le 9 40, attomeys licensed and in good standing in other states may, upon the Califomia couffs approval: appear as counsel pro hac vice in a pending case if an active member of the state bar is associated as attomey of record. (CRC 9.40(a)_) MacLeod is a member, in good standing: of the following: State Bar of Texas since 2010; and the United States District Court of the Southem District of Texas since 2014, Eastern District of Texas since 2013: ...

Excerpt: ...on uneven floor tiles on the property owned or operated by defendant Stein Mart, Inc. dba Stein Mart (“Defendant”). Plaintiff filed this action on February 7, 2017, alleging a cause of action for Negligence. Defendant moves for summary judgment on the negligence claim. Plaintiff opposes, and Defendant has replied. EVIDENCE Plaintiff's Objections to Defendant's Evidence Plaintiff makes several objections to the Declaration of Molly Sheehan. �...

Excerpt: ...os (“Plaintiff”) to: (1) Form Interrogatories (“FROG”), set one; and (2) Special Interrogatories (“SROG”), set one. Defendant has also filed a third motion to deem admitted the Requests for Admissions (“RFA”), set one. Plaintiff opposes the motions, and Defendant has replied. On October 28, 2017, Defendant served the discovery requests on Plaintiff. As of the filing of the motions on April 2, 2018, Defendant had not received respo...

Excerpt: ...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. This motion was previously set for hearing on April 12, 2018. However, the Court noted that the Moving Def...

Excerpt: ...es of 40% of the gross settlement. The Declaration of Counsel and the circumstances of the case are not sufficient to substantiate Counsel's request for a fee award of 40% of the gross settlement. In Counsel's declaration seeking to justify the fees sought, Counsel states that Counsel took on the risk of this case, and Counsel's office “had to exert considerable time and effort” in pursuit of this settlement. (Kristopher Decl. ¶ 9.) However,...

Excerpt: ...roneously sued as Smart & Final, Inc., (“Defendant”). The incident occurred on February 7, 2017. The complaint, filed December 6, 2017, alleges causes of action for negligence and premises liability. Defendant moves for an order compelling Plaintiff to submit to her deposition and for sanctions against Plaintiff and her counsel. Plaintiff has filed an opposition and an amended opposition, and Defendant has replied. LEGAL STANDARD Pursuant to ...

Excerpt: ...tion. This case arises from a motor vehicle collision between Plaintiff and Defendant. Plaintiff is also alleging causes of action against Defendant's then employer Beverly Hills Car Club, Inc. (“Car Club”) because Defendant was allegedly acting within his scope of employment at the time of the collision. LEGAL STANDARD Pursuant to CCP §2025.450, if after service of a deposition notice, a party to the action, without having served a valid ob...

Excerpt: ... premises owned or controlled by Defendant 20th Street Surgery Center LLC (“Defendant”). The complaint, filed October 12, 2016, alleges negligence on the part of Defendant. Defendant moves for summary judgment on grounds that there are no triable issues of material fact, and Plaintiff's causes of action cannot overcome Defendant's affirmative defense. Defendant argues that Plaintiff's claim is barred by Labor Code §3600 et seq., which genera...

Excerpt: ...le, Inc. (“Plaintiff”). Plaintiff alleges that Tinajero was injured as a result of stepping in a hole on the property owned or controlled by the named defendants on January 19, 2016. Bk Holdings II LLLP (“Moving Defendant”) moves to strike the request for general damages from the complaint. Plaintiff opposes the motion, and Moving Defendant has replied. LEGAL STANDARD The Court may, upon a motion, or at any time in its discretion, and upo...

Excerpt: ...ing 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 confer effort before the motion to ...

Excerpt: ...s, 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 confer effort before t...

Excerpt: ...intiff”) filed a complaint on January 8, 2018, alleging two causes of action for premises liability and general negligence against defendants City of Malibu, City of Los Angeles, County of Los Angeles and State of California. The premises liability cause is subdivided into three counts: negligence, willful failure to warn, and dangerous condition of public property. On April 24, 2018, defendant City of Malibu (“Defendant”) filed the instant...

Excerpt: ... Ochoa M.D., and USC, erroneously sued as Keck Hospital, (“Defendants”) seek to enforce a subpoena served on nonparty Huntington Memorial Hospital (“non-party” or “Huntington”). The non-party has refused to produce records without an authorization from Plaintiff Rena Richards (“Plaintiff”). Plaintiff has not filed any opposition to this motion. In addition, the non-party has not filed an opposition. Defendants' motion to compel wa...

Excerpt: ...nt motions to be relieved as counsel on April 18, 2018. Counsel has filed forms MC-051 and MC-052 pursuant to CRC Rule 3.1362. However, the Court is not in receipt of proposed orders on form MC-053 or the proofs of service of such orders on the Plaintiffs. Counsel's motions are denied without prejudice for failure to provide adequate proofs of <0003005000520057004c00 004700480046004f0044>ration, and the proposed order must all be served on the cl...

Excerpt: ...l spot in the parking lot owned or controlled by defendant Rai Care Center of Southern California II, LLC dba RAI Care Center Centinela‐Inglewood (“Defendant”). Plaintiff filed this action against Defendant on January 19, 2016 and alleges causes of action for premises liability and general negligence. EVIDENTIARY OBJECTIONS Defendant's Objections to Plaintiff's Evidence: Defendant objects to the Declaration of Placido Torres. The Court rule...

Excerpt: ...motion is denied as this motion 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 dateinitially set for the trial of the action. Except as provided in...

Excerpt: ...Plaintiff filed the instant motion to compel Defendant's further responses to form interrogatories, special interrogatories, and request for production of documents and for sanctions against Defendant and her counsel. Plaintiff's motion is 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 ...

Excerpt: ...tiff Roy Setareh (“Defendant”) filed this action on December 21, 2015 alleging claims of premises liability and negligence against defendant Wilshire‐Holmby Homeowners' Association (“Defendant”). Plaintiff filed the instant motion on April 17, 2018, requesting to re‐open discovery, compel persons most knowledgeable's appearance at deposition, and production of writings. On October 30, 2017, pursuant to a stipulation of the parties, th...

Excerpt: ...”) commenced this action on November 2, 2017 against defendant City of Los Angeles (“Defendant”). Plaintiff alleges that in November 2, 2015, she tripped and fell as a result of negligence by Defendant. On January 31, 2018, the Court sustained Defendant's demurrer to the complaint for failure to allege compliance with the Government Code § 911.2. The Court allowed Plaintiff leave to amend the complaint within 15 days of notice of the Court...

Excerpt: ... that she placed herself in the care of Defendants on April 9, 2014 and that Defendants' treatment of Plaintiff fell below the requisite standard of care. Defendants Physiotherapy Associates, Inc. and Matrix Rehabilitations, Inc.[1] (“Defendants”) move for summary judgment on the grounds that there is no triable issue of material fact and that the action against Defendants was filed after the expiration of the one- year statute of limitations...

Excerpt: ...ff Bennett Paulson, by and through his guardian ad litem Sherry Paulson, (“Plaintiff”) filed a complaint on January 29, 2016 alleging causes of action for general negligence and premises liability against defendant Starbucks Coffee Company (“Defendant”). Defendant, specially appearing, moves to quash service of summons that was purported to have occurred on July 5, 2017. On October 4, 2016, Plaintiff filed a defective and invalid purporte...

Excerpt: ... by defendants Rick Heller and Cathy Aros-Heller (“Defendants”). Plaintiff moves the Court for an order to set trial with preference pursuant to California Code of Civil Procedure § 36(b). No opposition has been filed to this motion. DISCUSSION Pursuant to CCP §36(b), “[a] civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years o...

Excerpt: ...011, Defendant negligently caused damages to Plaintiff. Specifically, the Complaint states that Defendant negligently managed/owned a broken curb. On April 12, 2018, Plaintiff filed a motion to set aside or vacate the judgment granted on February 15, 2018 and a motion for a new trial. Neither of these motions were served on defendant. Under Code of Civil Procedure section 659(a), any motion for a new trial must be served on the adverse party befo...

Excerpt: ...�) for Plaintiff's failure to respond to discovery. Plaintiff has not filed an 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 there is a willful discovery order violatio...

Excerpt: ... service of the petition on all parties to the action. 2. Attachment 13b(4) is missing. Petitioner has failed to attach a copy of the final Medi-Cal demand letter or letter agreement. 3. Attachment 18a is missing. Petitioner has failed to attach a copy of the written attorney fee agreement. 4. The petition proposes that $28,494.45 of the balance of proceeds will be paid or transferred to the claimant. The Court notes that according to the Applica...

Excerpt: ...moving, and opposition papers. BACKGROUND Plaintiff Viola Torres (“Plaintiff”) filed a complaint on May 13, 2016, alleging two causes of action for negligence and products liability. (Compl. at pp. 4‐7.) On October 24, 2017, Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) filed a demurrer to the complaint. On November 29, 2017, the Court sustained the demurrer to the Complaint on the grounds that it fail...

Excerpt: ...rt has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff John Armstrong, by and through his mother and Guardian Ad litem Kameka L. Brown (“Plaintiff”), filed a complaint on April 6, 2016, alleging two causes of action for negligence and strict liability. On February 14, 2018, Plaintiff filed his First Amended Complaint, which is the operative pleading. On March 21, 2018, Defendant Compton Unified School District (“De...

Excerpt: ...e in connection with this motion for summary judgment. Dr. Jason Snibbe has previously treated Judge Elaine Lu for a hamstring injury, with the most recent consultation occurring in approximately May of 2017. The Court makes this disclosure so that the parties are aware of all facts reasonably related to the issue of disqualification. The Court has no basis to recuse itself. The Court can remain fair and impartial to all parties. The Court will p...

Excerpt: ...Services, Inc. (“SMS”) and Hector Maravilla (“Maravilla”) (collectively, “Defendants”), for injuries sustained as a result of a motor vehicle accident that occurred on June 25, 2015 at or about Monroe St. by Dr. Carreon Blvd. in Indio, California. The complaint alleges causes of action for general negligence and motor vehicle. On November 9, 2017, SMS filed the instant motion to change venue from Los Angeles County to Riverside County...

Excerpt: ...n joining in the request for the continuance. The FSC is currently set for May 23, 2018, and trial is set for June 6, 2018. Defendant seeks to continue these matters to allow for mediation and the conclusion of discovery. Defendant states that the parties need more time to prepare for trial. Defendant provides a stipulation signed by both counsel to continue trial as Exhibit B to counsel's declaration. This stipulation shows that counsel agree to...

Excerpt: ...auses of action for premises liability and negligence against defendant Ralphs Grocery Company (“Defendant”). Plaintiff filed the instant motion on March 29, 2018, requesting to re‐open discovery. On July 25, 2017, the Court granted a motion to relieve Plaintiff's original counsel. Proof of service of the order was filed on July 26, 2017. On August 8, 2017, a new attorney substituted in as Plaintiff's counsel in the case. On January 26, 201...

Excerpt: ...2, 2018, the Court granted Defendants' motions to deem admitted the Requests for Admission served on Plaintiff and also ordered Plaintiff to pay sanctions of $520.00 ($260 to each Defendant). On January 23, 2018, the Court granted Defendants' motions to compel Plaintiff's response to the Special Interrogatories and Requests for Production of Documents. The Court ordered Plaintiff to provide verified responses to the above discovery request within...

Excerpt: ...th's demurrer to the Cross-Complaint is CONTINUED to June 14, 2018 at 1:30 pm in Department 5. (CCP §§ 128 and 430.41.) CCP § 430.41 requires a demurring party in certain civil actions, before filing the demurrer, to engage in a specified meet and confer process with the party who filed the pleading demurred to for the purpose of determining whether an agreement can be reached as to the filing of an amended pleading that would resolve the obje...

Excerpt: ...aintiff served the discovery requests on Defendant. Defendant's discovery responses were due on March 5, 2018. As of the filing of the motions on March 19, 2018, Plaintiff has not received responses from Defendant. Defendant has not filed any opposition to Plaintiff's motion. Plaintiff moves under CCP §2033.280 to deem the RFA admitted. Where there has been no timely response to a request for admission under CCP § 2033.010, the propounding part...

Excerpt: ...0055001d0003000b00 0057004c005200510044[l tort; and (2) premises liability, and includes an attachment for exemplary damages. Plaintiff has not filed an opposition 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 improper matter inserted in any pleading. (CCP §436, subd. (a).) The Court may also strike all or any part of any pleading no...

Excerpt: ...Permanente Billing Department/Civil to produce billing records pertaining to plaintiff Patricia Francis (“Plaintiff”) in compliance with the deposition subpoena dated January 4, 2018. Defendants' motion is 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 ...

Excerpt: ...ro PCS. The non- party has refused to produce Plaintiff's cellphone records without a court order. This motion is CONTINUED to May 30, 2018 at 1:30 pm in this department. CCP § 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 mo...

Excerpt: ...very. Plaintiff opposes this motion[1] and Defendant replied. Defendant argues that terminating sanctions are appropriate because Plaintiff has failed to respond to written discovery and to attend her deposition. However, the Court finds that Defendant has not laid a sufficient record to show that Plaintiff has disobeyed any court order. Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, issue, evide...