Excerpt: ... D. Reese (“Defendants”). Plaintiff's successor in interest Anita Mae Shaw has filed the instant motion seeking 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 penalt...

Excerpt: ..., 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 contrac...

Excerpt: ...D Plaintiff California Fair Plan (“Plaintiff”) filed the complaint in this action on February 7, 2018, alleging two causes of action for motor vehicle negligence and general negligence. On April 5, 2018, Defendant EAN Holdings LLC dba Enterprise Rent‐a‐Car (“Defendant”) filed the instant demurrer to the entire complaint. Plaintiff filed an opposition on April 26, 2018. Defendant filed its reply on May 4, 2018. This is a subrogation mo...

Excerpt: ...n he fell while descending stairs on a production truck owned or operated by Defendant King Kong Productions Vehicles, Inc. (“Defendant”). Defendant now moves to file a proposed cross‐complaint against two parties 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 alleged to be...

Excerpt: ... 21, 2013. The complaint, filed on December 16, 2015, alleges a cause of action for premises liability. Defendant moves for summary judgment against Plaintiff. Plaintiff has not filed an opposition. LEGAL STANDARD The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the ne...

Excerpt: ...nd defendants Innovative Pest Management, Matthew Carl Roach, and Carl J. Doucette (“Defendants”) on September 22, 2017. The complaint, filed November 15, 2017, alleges causes of action for: (1) motor vehicle; (2) general negligence; and (3) negligence per se, and includes an attachment for exemplary damages. Defendant Carl Roach (“Roach”) moves to strike the request for exemplary damages from the complaint. Plaintiffs oppose the motion, ...

Excerpt: ...aintiff”) to submit to deposition. Plaintiff is currently acting in pro per. Plaintiff's prior counsel's motion to be relieved was granted on February 5, 2018. On February 21, 2018, Counsel filed proof of service of the order on Plaintiff. 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 p...

Excerpt: ...Fannie Henderson (“Plaintiff”) to: (1) the Special Interrogatories (“SROG”), set one; and (2) the Request for Production of Documents (“RPD”), set one. On April 13, 2018, Defendant filed the instant motions to compel responses and request for sanctions. Defendant's motions and request for sanctions are denied as these motions were filed and will be heard after the discovery cutoff and discovery motion cutoff dates. Pursuant to CCP § ...

Excerpt: ...remises liability against defendant Beverly Hills Unified School District (“Defendant”). Plaintiff filed the instant motion on March 19, 2018, requesting to re‐open discovery. DISCUSSION Pursuant to CCP § 2024.020, “a continuance or postponement of the trial date does not operate to reopen discovery proceedings” unless a motion to reopen discovery is filed and granted pursuant to CCP § 2024.050. (See also Pelton‐Shepherd Industries,...

Excerpt: ... Request for Production of Documents (“SuRPD”), set one; and (2) Supplemental Interrogatories (“SuROG”), set one. On December 22, 2017, Defendants served the discovery requests on Plaintiff. Plaintiff's responses were due on January 26, 2018, but Plaintiff failed to provide discovery responses. Defense counsel sent a letter to Plaintiff on March 8, 2018 requesting that responses be served within ten days. As of the filing of the motions o...

Excerpt: .... The instant motion was filed on April 27, 2018 and is thus timely under CCP §473(b). Plaintiff's Counsel states that he failed to appear at the dates set for FSC and Trial because there was a miscommunication regarding the dates. (Ramos Decl., at ¶¶ 6, 7.) Counsel states that he attempted to attend the FSC on February 8, 2018, but went to the wrong courtroom. (Id. at ¶ 5.) At the incorrect courtroom, Counsel was informed that his case was a...

Excerpt: ...nn West Los Angeles (“Defendant”). The case proceeded to a jury trial, and on June 5, 2015, judgment was entered for Defendant. Plaintiff moved for a judgment notwithstanding the verdict on grounds that Defendant was guilty of negligence per se and discrimination under the American's with Disabilities Act and the Unruh Civil Rights Act. The Court granted the motion, and Defendant appealed the order. On appeal, the Court of Appeal affirmed the...

Excerpt: ...Interrogatories (“FROG”), set one. On April 13, 2018, Defendant filed the instant motion to compel responses and request for sanctions. Defendant's motion and request for sanctions are denied as this motion was filed and will be heard after the discovery cutoff and discovery motion cutoff dates. Pursuant to CCP § 2024.020 “[e]xcept as otherwise provided in this section, any party shall be entitled as a matter of right to complete discovery...

Excerpt: ... responses from plaintiffs Angeline Fontes, Sergio Fontes, Diego Fontes,[1] and Jesus Zamora (collectively, “Plaintiffs”) to Defendant's Requests for Admission (“RFA”), set one. An Informal Discovery Conference (“IDC”) was held on February 5, 2018. The Informal Discovery Conference Form for the February 5, 2018 IDC indicates that the discovery issues were resolved following the IDC. The Court's February 5, 2018 Minute Order likewise r...

Excerpt: ...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 there is a willful discovery order violation, a history of abuse...

Excerpt: ...juries when he tripped and fell, with his left knee landing on a metal track on the property owned or maintained by defendant Long Beach Wings, LLC (“Defendant”). Plaintiff filed this action against Defendant on September 23, 2016 and alleges a cause of action for Premises Liability. LEGAL STANDARD The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary ...

Excerpt: ...mpel further responses from plaintiffs Angeline Fontes, Sergio Fontes, Diego Fontes,[1] and Jesus Zamora (collectively, “Plaintiffs”) to Defendant's Demand for Production of Documents (“DPD”), set one. An Informal Discovery Conference (“IDC”) was held on February 5, 2018. The Informal Discovery Conference Form for the February 5, 2018 IDC indicates that the discovery issues were resolved following the IDC. The Court's February 5, 2018...

Excerpt: ...e 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 there is a willful discovery ...

Excerpt: ...this action) and BC650726 (Nichiah Sims v. Donte L. Montgomery, et al.). “Cases may not be consolidated unless they are in the same department. A motion to consolidate two or more cases may be noticed and heard after the cases, initially filed in different departments, have been related into a single department, or if the cases were already assigned to that department.” (Local Rule 3.3(g).) These cases were deemed related on June 13, 2018 and...

Excerpt: ...ntiff Ruth Aracely Martinez (“Martinez”) to: (1) Demand for Inspection and Production of Documents, set one (“DIPD”); (2) Form Interrogatories, set one (“FROG”); and (3) Special Interrogatories, set one (“SROG”). No dispositive tentative ruling is issued as to Defendant's Motions to Compel. Only four filing fees have been paid by the moving party. However, there are in actuality six motions before the Court—two motions to compel...

Excerpt: ... set for June 26, 2018, and trial is set for July 9, 2018. Defendants seek to continue these matters to allow for mediation and the conclusion of discovery. Defendants state that mediation is scheduled for June of 2018. Defendants also state that due to counsel's trial schedule earlier this year, Defendants need more time to prepare for trial, especially in light of the upcoming mediation. Plaintiffs have not filed any opposition to this motion. ...

Excerpt: ...e Plate Oysterette Restaurant (“Defendant”). The complaint was filed April 14, 2017, and Defendant was served on April 16, 2017. Defendant answered on May 17, 2017. Defendant now moves to reclassify the action as a limited civil case, arguing that the amount in controversy in this case is less than $25,000. Plaintiff opposes the motion, and Defendant replies. LEGAL STANDARD CCP §86 defines a limited civil case as a case at law in which the d...

Excerpt: ... 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. LEGAL STANDARD Where a party will...

Excerpt: ...esponses from plaintiffs Angeline Fontes, Sergio Fontes, Diego Fontes,[1] and Jesus Zamora (collectively, “Plaintiffs”) to Defendant's Form Interrogatories (“FROG”), set one. An Informal Discovery Conference (“IDC”) was held on February 5, 2018. The Informal Discovery Conference Form for the February 5, 2018 IDC indicates that the discovery issues were resolved following the IDC. The Court's February 5, 2018 Minute Order likewise refl...

Excerpt: ...ed the instant motion to compel the depositions of defendant West Hills Hospital and Medical Center's (“Defendant”) Person Most Knowledgeable (“PMK”). On the same date, Plaintiffs filed a second motion to compel the depositions of Defendant's employees Susan Helgager, R.N., Deborah Smith, R.N., Katherine Martin-Goodhart, R.N. and Gloria Pettinelli, R.N. (collectively, “Nurses”) and Defendant's custodian of records. Defendant has not f...

Excerpt: ...anctions. Plaintiff opposes the motion. LEGAL 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 m...

Excerpt: ...sition to this motion. 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 c...

Excerpt: ...of the documents listed in FROG 17.1(d). Defendant has also filed a third motion to deem admitted the Requests for Admissions (“RFA”), set one. The Court notes that Defendant provides no evidence or testimony to show that any FROGs were ever served on Plaintiff. As such, Defendant's motions to compel responses to FROG 17.1 and produce documents listed in FROG 17.1(d), are denied without prejudice. The Court cannot compel Plaintiff to respond ...

Excerpt: ...urrently set for October 11, 2018, and trial is set for October 29, 2018. There have been no prior continuances of the trial date. Defendant seeks to continue these matters because Defendant was recently added to these proceedings by Doe amendment. Defendant was added to this action by Doe amendment on October 25, 2017, but Defendant was not served until January 2, 2018. Defendant states that trial should be continued to allow Defendant a meaning...

Excerpt: ...et for July 2, 2018. Plaintiff alleges that she was injured at a facility owned and operated by Defendant Fitness International, LLC (“Defendant” or “Fitness”) while she was given instruction by Defendant Corey Haywood (“Haywood”). Haywood instructed the Plaintiff to perform an exercise one more time despite Plaintiff's protest. When Plaintiff performed the exercise, her knee was injured. If granted, this would be the sixth trial cont...

Excerpt: ... the action on November 6, 2017. Specially appearing defendant Dominique Sims (“Defendant”) moves for an order quashing service of the summons in this action. Defendant argues that the Court lacks jurisdiction over her because she was not properly served. LEGAL STANDARD Pursuant to CCP § 418.10(a)(1), a defendant may move to quash service of summons on or before the last day to plead in response to the complaint or within such further time a...

Excerpt: ...al Duran, and Estate of Stephanie Martinez, by and through its Successors in Interest Jesus Martinez Avila and Alejandra Sandoval Duran (“Plaintiffs”) filed a complaint on July 17, 2017. The complaint alleges causes of action for negligence and survivorship against defendants Brighton Management, LLC, Urban Commons Frontera LLC, and UCF 1, LLC (collectively, “Defendants”). Plaintiffs allege that on July 18, 2015, Plaintiffs were staying a...

Excerpt: ... On October 19, 2017, Defendant served the RFA on plaintiff Marshall Dean (“Plaintiff”). Plaintiff's responses to the RFA were due on November 23, 2017. Defendant did not receive any responses. Defense counsel sent a letter to Plaintiff on February 1, 2018 and requested that Plaintiff provide the responses to the RFA within two weeks. As of the filing of the motions on March 12, 2018, Defendant had not received any responses from Plaintiff. P...

Excerpt: ...position. 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 dep...

Excerpt: ...filed proof of service of the summons and complaint on December 28, 2017 and February 13, 2018. Plaintiff also tried to enter default on March 5, 2018, but the request was rejected by the clerk. On April 12, 2018, Plaintiff filed this instant motion for leave to amend the complaint to correct the name of the Defendant. LEGAL STANDARD CCP §473(a)(1) states: “The court may, in furtherance of justice, and on any terms as may be proper, allow a pa...

Excerpt: ...41(a). Defendant received the complaint on February 19, 2018, which gave Defendant until March 21, 2018 to file a demurrer per CCP § 430.40. (See Citron Decl. ¶ 2.) On March 7, 2018, Defendant filed a “Notice of Demurrer and Motion to Strike Portions of Plaintiff's Complaint Pursuant to CCP Section 430.41(a)(2) and Declaration of Joel F. Citron,” but the substance of the document was a declaration for a 30‐day time extension per CCP § 43...

Excerpt: ...use Plaintiff to fall off a ladder while performing work on the property on March 25, 2015. Plaintiff also alleges that Defendants' treatment of Plaintiff was negligent. Plaintiff filed suit against Defendants Dihan Lee and Julie So Youn Lee (the owners of the property, “the Lee Defendants”), as well as Does 1‐25. On May 9, 2016, the Lee Defendants filed a cross‐ complaint against California Averland Construction, Inc. (“Cal Averland”...

Excerpt: ...r August 23, 2018, and trial is set for September 4, 2018. Defendant seeks to continue these matters to allow for a motion for summary judgment. Defendant states that it has filed a motion for summary judgment in this case, but the first available hearing date was in September of 2018. Defendant attempted to schedule the summary judgment hearing for a time before the trial date, but no hearing dates were available. The Court notes that Defendant'...

Excerpt: ...en she tripped and fell on an uneven sidewalk on the 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 ...

Excerpt: ... is set for June 20, 2018. Defendant seeks to continue these matters to allow for a motion for summary judgment and the conclusion of discovery. Defendant states that it has filed a motion for summary judgment in this case, but the first available hearing date was July 18, 2018. Defendant attempted to schedule the summary judgment hearing for a time before the trial date, but no hearing dates were available. In addition, Defendant states that sev...

Excerpt: ...oving, opposition and reply papers. BACKGROUND Plaintiffs Leanne and Mark Hollingsworth (“Plaintiffs”) filed a complaint on January 22, 2018, alleging a cause of action for wrongful death. On March 22, 2018, Defendant Bragg Investment Company, Inc. (“Bragg”) dba Heavy Transport Inc. (“Heavy Transport”) (“Defendants”)[1] filed a demurrer to the entire complaint. On April 14, 2018, Plaintiff filed an opposition. Plaintiffs' complain...

Excerpt: ...and fell on a sidewalk. Defendant the Roman Catholic Archbishop of Los Angeles (“Defendant”) now moves to file a proposed cross- complaint against the City of San Fernando for indemnity and contribution. 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 alrea...

Excerpt: ...ills Hospital and Medical Center (collectively, “Defendants”) based on allegations of medical negligence. Plaintiffs allege that Defendants negligently provided care and treatment to Pamela Stalker (“Pamela”), causing a needle to be retained in Pamela's body. Plaintiffs are pursuing claims of professional negligence and loss of consortium against all defendants. Defendant West Hills Hospital and Medical Center (“West Hills”) moves for...

Excerpt: ...” or “the opposing party”) further responses to the Special Interrogatories (set three) No. 68. Pursuant to the Court's current Amended General Order Re: Personal Injury Court Procedures, which is available on the Los Angeles Superior Court website, lead or other designated counsel for the parties with full authority, must participate in an Informal Discovery Conference (“IDC”) before the Court will hear any motion to compel further res...

Excerpt: ...rucking, Inc.: and Erika Bowman. Defendants Jose Salcido and Manuel Huerta Trucking, Inc. (the moving "Defendants") seek an order compelling Plaintiff to sign the authorizations for release of her mental health records. Plaintiff opposes the motion: and Defendants have replied. DISCUSSION Motion to Compel Plaintiff to Sign Authorization Releasing Medical Records Defendants argue that the Court has authority to grant an order compelling Plaintiff ...

Excerpt: ...ant motion was filed on March 12, 2018, and thus, is timely under CCP §473(b). Plaintiff's Counsel states that he failed to appear at the dates set for FSC and Trial due to his failure to calendar the dates. (Aguirre Decl., at ¶ 4.) Counsel accepts full responsibility for the failure to correctly calendar the dates. (Ibid.) Plaintiff's unopposed motion is granted pursuant to CCP §473(b). This motion was made within six months of the Court's di...

Excerpt: ...erated by defendant Ralphs Grocery Company dba Ralphs (“Defendant”). Defendant moves to compel the mental examination of Plaintiff by psychiatrist Marilyn S. Jacobs, Ph.D., ABPP. Plaintiff opposes the motion, and Defendant has replied. EVIDENCE Plaintiff objects to Defendant's Exhibit A. The Court sustains the objection on hearsay <000f0003004c0057000300 005700030046004b0044[nge the Court's analysis on this motion. DISCUSSION Motion to Compel...

Excerpt: ...g plaintiff Monica Cruz (“Plaintiff”) to submit to deposition. Plaintiff is currently acting in pro per. Plaintiff's counsel was relieved as of November 6, 2017. Defendants' motion to compel deposition was properly served on Plaintiff after counsel was relieved. LEGAL STANDARD <0048005500030056004800 00030044000300470048>position notice, a party to the action, without having served a valid objection, fails to appear for examination, or procee...

Excerpt: ...“SoCalGas”) on <00510048004a004f004c00 00470003004f00520056[s of consortium. On October 4, 2017, the Court granted Plaintiffs' motion for a preferential trial date. On January 9, 2018, Plaintiffs filed a First Amended Complaint (“FAC”) alleging facts supporting a claim for punitive damages against SoCalGas. Also on January 9, 2018, the parties stipulated to continue the trial date to June 1, 2018. On April 24, 2018, the Court heard a moti...

Excerpt: ...n is set for April 27, 2018. The motion was not timely filed. Code of Civil Procedure § 1005(b) provides in relevant part that “all moving and supporting papers shall be served and filed at least 16 court days before the hearing . . . However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of ...

Excerpt: ...an Lei's counsel at the offices of Mark R. Weiner & Associates. Counsel also served Plaintiff Tomasa Medina Benitez at Plaintiff's last known mailing address, which Counsel states he confirmed as current within 30 days of the <00030046004f004c004800 5100570011> Counsel states that there has been a break down in the attorney client relationship in that Counsel and the client disagree as to how the case should proceed. Counsel is ordered to appear ...

Excerpt: ...led. BACKGROUND On October 19, 2017, Plaintiff Bettie Joe Smith filed the complaint against Defendant Cedars-Sinai Medical Center (“Defendant”) and Does 1-100, alleging a cause of action for negligence. Plaintiff filed a first amended complaint (“FAC”) on November 2, 2017, which is the operative pleading. Defendant filed a demurrer to the FAC on January 4, 2018. On March 7, 2018, the hearing on demurrer was continued to April 27, 2018. On...

Excerpt: ...r CCP §473(b). Plaintiff's Counsel states that he failed to appear at the dates set for FSC and Trial due to a miscommunication with Court staff. (Bauman Decl., at ¶ 9.) Counsel states that he submitted a stipulation on February 8, 2018 to continue the trial. (Id. at ¶ 6.) Counsel states that a paralegal from his office called this department to determine if the stipulation had been signed, and the paralegal was told that the stipulation was r...

Excerpt: ...ng of a motion for summary judgment that Defendant will likely bring. The Court denied the ex parte application without prejudice for Defendant to bring a noticed motion. In the instant motion to continue trial filed on March 28, 2018, Defendant again asserts that a continuance is necessary in part to allow Defendant to bring a motion for summary judgment and to have the summary judgment motion heard before trial. Despite Defendant's repeated ass...

Excerpt: ...tiff”) to: (1) Demand for Inspection and Production of Documents (“DIPD”), set one; (2) Form Interrogatories (“FROG”), set one; and (3) Special Interrogatories (“SROG”), set one. On December 26, 2017, Defendants served the discovery requests on Plaintiff. Plaintiff failed to provide discovery responses. Defense counsel sent a letter to Plaintiff on February 9, 2018 inquiring as to the failure to respond. As of the filing of the moti...

Excerpt: ... further responses from Plaintiff Amy L. Sturgeon (“Plaintiff”) to: (1) Special Interrogators <0047000300180019001e00 00030029005200550050[ Interrogatories (“FROG”), set one. Numbers 6.4, 6.5, 6.7, and 8.8. An Informal Discovery Conference (“IDC”) was held on January 11, 2018. The parties came to a resolution of the discovery disputes, and Plaintiff provided further responses to the above interrogatories. However, upon receipt of the ...

Excerpt: ...e. On October 19, 2017, Defendant served the RFA on plaintiff Marshall Dean (“Plaintiff”). Plaintiff's responses to the RFA were due on November 23, 2017. Defendant did not receive any responses. Defense counsel sent a letter to Plaintiff on February 1, 2018 and requested that Plaintiff provide the responses to the RFA within two weeks. As of the filing of the motions on March 12, 2018, Defendant has not received any responses from Plaintiff....

Excerpt: ...ank Dominguez as defendants. On November 13, 2017, Plaintiff filed a proof of service as to defendant Frank Dominguez (“Defendant”) attesting to substitute service of the summons and complaint on October 28, 2017 at an address in Victorville, California (“the Victorville Address”). On December 19, 2017, Plaintiff served a request for entry of default on Defendant by mail to the Victorville Address. On December 20, 2017, Plaintiff filed th...

Excerpt: ...nced this action against Defendants AHMC Garfield Medical Center, LP dba Garfield Medical Center, Edward S. Kwon, M.D., and Young T. Tran, M.D. (“Defendants”) based on allegations of medical negligence and wrongful death in the treatment of Mayra Campos (“Decedent”). Plaintiffs allege that Defendants negligently provided care and treatment to the Decedent, causing her death. Plaintiffs are pursuing a claim of professional negligence again...

Excerpt: ...abernacle Baptist Church (“Defendants”). The complaint, filed July 14, 2017, alleges causes of action for negligence and premises liability. Defendants filed an Answer to the complaint on November 3, 2017. On March 7, 2018, Plaintiff filed this instant motion for leave to amend the complaint to change the address of the location of the injury. (See Mot. at Ex. 1 [Proposed First Amended Complaint].) No opposition has been filed. LEGAL STANDARD...

Excerpt: ...atories (“FROG”), set one; (2) from plaintiff Halah Jawad Abdulkadhim (“Abdulkadhim”) to Demand for Inspection and Production of Documents (“DIPD”), set one; (3) from Abdulkadhim to Form Interrogatories (“FROG”), set one; and (4) from Abdulkadhim to Special Interrogatories (“SROG”), set one. Motions to Compel On September 7, 2017, Defendant served the discovery requests on Plaintiffs. Plaintiffs' discovery responses were due o...

Excerpt: ...and Ryan Beilman, by and through his guardian ad litem Stacy Beilman, (collectively, <00030014001d0016001300 03003300300011> This motion was originally set to be heard on August 7, 2017. However, the moving party continued the motion four times to the current hearing date of April 25, 2018. Plaintiffs request that the Court impose issue, evidentiary, or monetary sanctions on defendant Pomona Valley Hospital Medical Center (“Defendant”) for De...

Excerpt: ...et for June 20, 2018. Defendant seeks to continue these matters to allow for a motion for summary judgment and the conclusion of discovery. Defendant states that previous defense counsel resigned, and thus, a new counsel was recently assigned to the case. Current defense counsel attempted to schedule a motion for summary judgment before the trial date, but the first available date was September 6, 2018. Defendant contacted plaintiff's counsel to ...

Excerpt: ...et for September 18, 2018. Plaintiff seeks to continue these matters to allow for mediation and the conclusion of discovery. Plaintiff states that the parties are scheduled to begin mediation on August 1, 2018 and hope to reach a settlement. If the mediation is not successful, then all parties will need more time to prepare for trial. Plaintiff states that the Plaintiff's medical examination cannot occur until June of 2018, which is why discovery...

Excerpt: ...orm Interrogatories (“FROG”), set one. Plaintiff's motion and request for sanctions are denied as this motion was filed and will be heard after the discovery cutoff and discovery motion cutoff dates. Pursuant to CCP § 2024.020 “[e]xcept as otherwise provided in this section, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or befo...

Excerpt: ...s not complied with the subpoena as of the date of the filing of this motion on February 8, 2018. Defendant personally served SVCC with the instant motion to compel compliance with the subpoena, as shown in the proof of service filed on March 9, 2018. SVCC has not filed any opposition. Defendant also served Plaintiff's counsel with the instant motion to compel compliance with the subpoena, as shown by the proof of service attached to the motion. ...

Excerpt: ...nds that the designation is untimely. On January 18, 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 July 19, 2017, the Court ordered that discovery was not continued except as it related to experts. In the most recent continuance, entered on February 23, 2018, the Court ordered that discovery was ...

Excerpt: ...dean Ross The court has considered the moving papers. Plaintiff has not filed any opposition. BACKGROUND Plaintiff Bernadean Ross (“Plaintiff”) filed the initial Complaint in pro per on June 6, 2017. On July 25, 2017, Defendant Martin Luther King Jr. LA Healthcare Inc. dba Martin Luther King Community Hospital (“Defendant”) demurred. On August 9, 2017, Plaintiff filed her First Amended Complaint. On November 8, 2017, Plaintiff filed her S...

Excerpt: ...of Documents (“RPD”), set one; Form Interrogatories (“FROG”), set one; Special Interrogatories (“SROG”), set one; and Requests for Admission (“RFA”), set one. An Informal Discovery Conference (“IDC”) was noticed for March 20, 2018. Defendant provided proof of service on Plaintiff of notice that the IDC was set for March 20, 2018. The proof of service indicates that Plaintiff was served on March 8, 2018. Defendant appeared for ...

Excerpt: ...ter (“Cedars-Sinai”) to produce records pertaining to plaintiff Christopher Thomas (“Plaintiff”). Cedars-Sinai is not a party to this action. Cedars-Sinai opposes this motion to compel compliance on grounds that the medical records sought by Defendants include “sensitive” information related to Plaintiff. Cedars-Sinai maintains that there can be no disclosure of these records without an authorization form singed by Plaintiff. As such,...

Excerpt: ...efendant also requests that the Court grant monetary sanctions and terminating sanctions. Plaintiff has not filed any opposition to this motion. On January 18, 2018, Defendant served the above discovery request on Plaintiff. Plaintiff's discovery responses were due on February 22, 2018. After receiving no responses, defense counsel sent Plaintiff a letter to inquire as to the lack of responses. As of the filing of this motion on March 8, 2018, De...

Excerpt: ...ce of the petition on the opposing party. The Court noted this lack of such proof of service in the Court's December 15, 2017 tentative ruling and 2/28/18 minute order, which has not been remedied. 2. Item 11(a) and item 11(b) state that $75,000 is the amount that Defendant will pay to claimant (minor). However, item 21 states that (after attorney's fees of $15,000 and reimbursements of $14,461.90 are deducted from the $75,000) Elizabeth Walker w...

Excerpt: ...ves a motor vehicle accident between Plaintiff Samvel Vagarshakian, who was driving Plaintiff Diana Rozenoyer's vehicle, and a tractor‐trailer driven by Defendant Raymond Harry Humecky, which was owned/entrusted by Defendants Pepsico, Inc. and New Bern Transport Corporation (collectively, “Defendants”). The accident occurred on September 11, 2015. The complaint, filed July 27, 2016, alleges causes of action for general negligence and motor ...

Excerpt: ...The court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff Donald Elquist (“Plaintiff”) filed a complaint on February 7, 2018, alleging two causes of action for general negligence and motor vehicle negligence. (Compl. at pp.5‐6.) On March 1, 2018, Plaintiff filed a substantively identical First Amended Complaint, adding co‐defendant Monica Boen. (FAC pp. 5‐6.) On March 19, 2018, Defendant Los Angeles Metropo...

Excerpt: ...fs Angeline Fontes, Sergio Fontes, Diego Fontes,[1] and Jesus Zamora (collectively, “Plaintiffs”) to Defendant's Form Interrogatories (“FROG”), set one. The four motions to compel further responses to FROG are CONTINUED to May 14, 2018, at 10:00 am. An Informal Discovery Conference (“IDC”) was held on February 5, 2018. The Informal Discovery Conference Form for the February 5, 2018 IDC indicates that the discovery issues were resolved...

Excerpt: ... Jennie Salazar at their respective last known mailing address, which was confirmed by telephone within the past 30 days of filing the motion. Counsel also served this motion and supporting documents on the Defendants. Counsel filed proof of service of the above listed forms on March 12, 2018. Counsel declares that the attorney-client relationship has been “irretrievably broken and cannot be re-established.” As of the filing of the Motion to ...

Excerpt: ...018, at 1:30 pm. The parties should note that for all future hearings, the parties are ordered to appear at the Court's new location effective April 16, 2018: 312 North Spring Street, Department 5, Los Angeles, CA 90012. In the review of Plaintiff's opposition, the Court discovered that Plaintiff's response to the Separate Statement of Facts does not include any citations to the evidence provided by Plaintiff. Code of Civil Procedure § 437c subd...

Excerpt: ...“Plaintiff”) alleges that on July 7, 2018, Plaintiff suffered personal injuries when she tripped and fell on a wheel stop on the property of defendant Starter Bros. Markets (“Defendant”). Specifically, Plaintiff contends that that the wheel stop was defective and in an unsafe condition because it was not centered in the parking lane. Plaintiff brings causes of action for Premises Liability and General Negligence against Defendant. EVIDENT...

Excerpt: ... Mission, Edrik Khosravi Siraki (erroneously sued as Edrik Khosravisiraki), PRN Ambulance, LLC, and Does 1-100. The complaint alleges three causes of action: (1) motor vehicle, (2) negligence of a common carrier, and (3) general negligence. Plaintiff alleges in the complaint that on May 12, 2016, Defendant Siraki was operating an ambulance owned by Defendant PRN Ambulance LLC (“PRN Ambulance”) that was transporting Plaintiff to a hospital for...

Excerpt: ...f Catherine Tucker (“Plaintiff”) filed a complaint on June 19, 2017, alleging two causes of action for premises liability and negligence. (Compl. at pp. 4--5.) Defendants Rolling Frito-Lay Sales, L.P., Frito-Lay Inc., and Pepsico Inc (“Defendants”) filed a demurrer to the complaint on March 9, 2018. Plaintiff filed an opposition on March 27, 2018. Defendant filed a reply on April 2, 2018. Plaintiff's complaint arises from alleged injuries...

Excerpt: ...wal (“Defendants”). This action involves a motor vehicle accident that occurred on September 20, 2016, between Decedent Maria Guadalupe Gomez Chaires (“Decedent”) and Atwal, which led to Decedent's death. Defendants filed their motion to transfer venue to Merced County concurrently with filing the answer. Defendants argue that Plaintiffs improperly filed this action in Los Angeles County, which has no nexus to the location of the incident...

Excerpt: ...a sloped sidewalk[1] on the property of defendant Target Corporation (“Defendant”). Specifically, Plaintiff contends that that the sloped sidewalk was an unsafe condition because it was too steep for the scooter to safely negotiate, and the sloped sidewalk was not in compliance with the California Building Code. Mr. Salatino died on March 7, 2017, and Marylin Salatino is continuing this action on behalf of Mr. Salatino as his successor in int...

Excerpt: ...ry Berryman (“Defendant”). The incident occurred on July 12, 2016. The complaint was filed on August 19, 2016. The First Amended Complaint, filed on February 27, 2017, alleges causes of action for negligence and negligence per se. Defendant moves for an order compelling Plaintiff to submit to her deposition and for sanctions against Plaintiff. On January 30, 2018, the Court granted Plaintiff counsel's motion to be relieved as counsel. No subs...

Excerpt: ...ng Olga Moiseyeva, 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 mai...

Excerpt: ...mely made. This matter was originally set for trial on April 4, 2018. On January 23, 2018, Plaintiff served on Defendant a demand for the exchange of expert witnesses. On March 1, 2018, Defendant served its designation of experts. On March 8, 2018, Plaintiff attempted to exclude the expert witness designations by Ex‐Parte Application. The Court denied the application and informed Plaintiff that this request must be made via a noticed motion. On...

Excerpt: ... for: (1) form interrogatories, set one (“FROG”); and (2) request for production of documents, set one (“RPD”). An Informal Discovery Conference (“IDC”) was held on February 27, 2018. The only remaining issue is the imposition of sanctions. Both parties request sanctions against the other for violations of the Discovery Act. Respondent propounded discovery on Claimant on August 29, 2017. On September 28, 2017, Claimant served his resp...

Excerpt: ...July 22, 2016. On the date set for trial, January 22, 2018, Plaintiffs did not appear and did not communicate with the Court as to why there was no appearance. Because of the failure to appear, the Court dismissed the action under CCP § 581(b)(3). On March 12, 2018, Plaintiffs filed this instant motion for relief from involuntary dismissal. Plaintiffs move pursuant to CCP §473(b) on grounds that the Court improperly entered the dismissal, and t...

Excerpt: ...collision between her vehicle and a vehicle operated by Defendant Rafael Vargas, who was at the time acting in the scope of his employment with Defendant Plumbing System Est, Inc. The complaint, filed March 9, 2017, alleges causes of action for: (1) negligence; (2) respondeat superior; and (3) negligent entrustment. Plaintiff moves to quash or limit Defendants' subpoenas for production of business records to: (1) 21 st Century Insurance Company, ...

Excerpt: ...04900 0019000f000300150013>18. Defendants seek to continue the trial and all related dates because Plaintiff is scheduled to undergo surgery in April of 2018. Defendants contend that they will need more time to conduct discovery after the surgery is completed, including receiving medical records from the surgery and possibly propounding follow up written discovery based on the surgery. Defendants argue the continuance is necessary because the sur...

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

Excerpt: ...ROG 4.1”). Pursuant to the Court's current Amended General Order Re: Personal Injury Court Procedures, which is available on the Los Angeles Superior Court website, lead or other designated counsel for the parties with full authority, must participate in an Informal Discovery Conference (“IDC”) before the Court will hear any motion to compel further responses to discovery. Here, the moving party has failed to schedule and participate in an ...

Excerpt: ...ROG 4.1”). Pursuant to the Court's current Amended General Order Re: Personal Injury Court Procedures, which is available on the Los Angeles Superior Court website, lead or other designated counsel for the parties with full authority, must participate in an Informal Discovery Conference (“IDC”) before the Court will hear any motion to compel further responses to discovery. Here, the moving party has failed to schedule and participate in an ...

Excerpt: ...phone and conversation within the past 30 days of filing the motion. Counsel also served this motion and supporting documents on the only appearing Defendant in this case Avalon Bay Communities. Counsel declares that Counsel and client have come to a point of irreconcilable difference with regards to the future handling of this case. The proposed order submitted by Counsel is deficient. Counsel does not list all of the future hearing dates on the...

Excerpt: ...e Plaintiff's counsel appeared. Upon reviewing the file, the Court found that no proof of service on the Defendant had been filed with the Court. The Court then set an Order to Show Cause hearing for failure to serve or prosecute and stated: “If proof of service is not filed prior to 10/05/17 this case will be dismissed for failure to prosecute.” (Minute Order, July 6, 2017, at pg. 1.) The Court also set a trial setting conference for the sam...

Excerpt: ...er on behalf of the Hamacher Trust was improperly filed. “A trust estate is not a legal entity; it is simply a collection of assets and liabilities. As <0055000300570052000300 00510003004400460057>ion. Any litigation must be maintained by, or against, the executor or administrator of the estate.” (Galdjie v. Darwish(2003) 113 Cal.App.4th 1331, 1344; see also, Portico Management Group, LLC v. Harrison (2011) 202 Cal.App.4th 464, 473, holding t...

Excerpt: ...osition. The FSC is currently set for April 10, 2018, and trial is set for April 23, 2018. Defendant seeks to continue these matters because the defense expert Andre Wachtel, M.D. will not be available for the recently reset trial date. Defendant states that at the prior continuance for this trial, Defendant did not know that Dr. Wachtel had purchased a prepaid vacation from April 25 to May 11, 2018. Defendant contends that the trial should not t...

Excerpt: ...ursuant to the Court's current Amended General Order Re: Personal Injury Court Procedures, which is available on the Los Angeles Superior Court website, lead or other designated counsel for the parties with full authority, must participate in an Informal Discovery Conference (“IDC”) before the Court will hear any motion to compel further responses to discovery. Here, the moving party has failed to schedule and participate in an IDC prior to t...

Excerpt: ...niel Legaspi Casillas and Grema Casillas <0046004b00030014001800 00030037004b00480003[complaint, filed April 27, 2017, alleges causes of action for motor vehicle and negligence. Defendants move for an order compelling Plaintiff to submit to her deposition and for sanctions against Plaintiff for failure to appear at deposition. However, this motion is denied for the following defects. First, this motion was improperly noticed only on Plaintiff and...

Excerpt: ...ted by Defendant H-H & S Enterprises, Inc. (“Defendant”).[1] The incident occurred on July 25, 2016. The complaint, filed December 19, 2016, 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. LEGAL STANDARD <0048005500030056004800 00030044000300470048[position notice...

Excerpt: ...ora, (collectively, “Plaintiffs”) have brought this action based on a motor vehicle accident involving Los Angeles Sherriff's Deputies Noe Ramos and Jeffrey Demooy (“Deputies”). Plaintiffs allege that the Deputies negligently caused a fleeing suspect to collide with the vehicle carrying Plaintiffs, resulting in injury to all Plaintiffs. The Deputies were both working in the course and scope of their employment by Los Angeles Sheriff's Dep...