Excerpt: ...rrogatories, Special Interrogatories, <000f00030033004f004400 00480055005900480047> her responses, which O'Reilly determined to be deficient. On November 22, 2017, the parties participated in an Informal Discovery Conference (“IDC”) with the Court. Plaintiff was ordered to provide further responses to O'Reilly's discovery requests by December 22, 2017. Plaintiff served further responses on December 22, 2017. However, there is a discrepancy as...

Excerpt: ...016 dog bite. Defendants move for summary judgment, or in the alternative, summary adjudication on five issues: (1) Defendants are entitled to summary adjudication on the affirmative defense of assumption of risk; (2) the First Cause of Action for strict liability under Civil Code section 3342 is barred by assumption of the risk; (3) the Second Cause of Action for strict liability at common law is barred by assumption of the risk; (4) the Third C...

Excerpt: .... 56 Donald E. Karpel and Zelner & Karpel move to be relieved as counsel for Plaintiff. The Motion is GRANTED as it fully complies with Cal. Rules of Court, rule 3.1362. Because of the proximity of the April 30, 2018, trial date, the Court, on its own motion, continues the trial date to July 30, 2018 at 8:30 a.m. and the Final Status Conference to July 23, 2018 at 9:30 a.m.. Donald E. Karpel and Zelner & Karpel are ordered to give notice of this ...

Excerpt: ...f David M. Wolf move to be relieved as counsel for Defendant. The Motion is GRANTED as it fully complies with Cal. Rules of Court, rule 3.1362 and the Court finds that no prejudice will result from the granting of this unopposed Motion. David M. Wolf and the Law Offices of David M. Wolf are ordered to give notice of this ruling. Parties who intend to submit on this tentative must send an email to the Court at [email protected] as directed by ...

Excerpt: ...sel contract entered into between Plaintiff, an attorney, and Defendant Kaass PC dba Kaass law (“Kaass”) and Kaass' owner, Defendant Armen Kiramijyan (“Kiramijyan”) (collectively, “Defendants”), in which Defendants agreed to pay Plaintiff certain percentages of the attorneys' fees obtained on cases referred by Plaintiff. Plaintiff alleges that despite several demands for payments owed to him, Defendants have failed to tender any fees ...

Excerpt: ...18 Dept. 56 This is an action arising from a pattern of misconduct by Defendant Dr. Mark Lawrence Vosko aimed at punishing the Plaintiff after the two were involved in a minor automobile accident. On September 22, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) malicious prosecution, (2) defamation, (3) intentional infliction of emotional distress, (4) negligent infliction of emotional distress, (5) assault, (6) ba...

Excerpt: ...8:30 a.m. February 27, 2018 Dept. 56 This is an action arising from Plaintiff's injuries sustained during an elopement from Defendant Lakeview Terrace Skilled Nursing Facility LLC, the nursing facility providing Plaintiff medical care. On October 27, 2017, Plaintiff filed the operative Complaint for (1) dependent adult abuse, and (2) negligent hiring and supervision. Demurrer Defendant Lakeview Terrace Skilled Nursing Facility LLC demurs to the f...

Excerpt: ...y relating to a December 8, 2014 automobile accident. On October 25, 2017, the Court ordered Defendants to serve verified further responses to discovery requests and to pay monetary sanctions by November 14, 2017. (Declaration of Brian A. Carness, ¶ 10; Exh. A.) Plaintiff contends Defendants have failed to comply with the Court's Order and have refused to appear for their depositions. (Carness Decl., ¶¶ 11, 12.) Plaintiff now seeks terminating...

Excerpt: ...ogatories—general, (2) supplemental interrogatory, set two, (3) request for production of documents, set two, and (4) supplemental request for production of documents, set two. The form interrogatories, supplemental interrogatory, and supplemental request for production were served on Defendant on February 9, 2017. The request for production, set two, was served on February 3, 2017. Plaintiff contends that because Defendant served unverified re...

Excerpt: ...ion of Documents, Set Two on Defendant, requesting documents relating to her employment and employment contract. (Declaration of Todd D. Thibodo, ¶ 6; Exh. D.) On November 15, 2017, the parties participated in an Informal Discovery Conference (“IDC”) with the Court. Plaintiff contends that at the IDC, Defendant was ordered to provide her entire employment contract, with only compensation figures redacted. (Thibodo Decl., ¶ 8.) Defendant ser...

Excerpt: ... Documents, Set Two on Defendant, requesting documents relating to her employment and employment contract. (Declaration of Todd D. Thibodo, ¶ 6; Exh. D.) On November 15, 2017, the parties participated in an Informal Discovery Conference (“IDC”) with the Court. Plaintiff contends that at the IDC, Defendant was ordered to provide her entire employment contract, with only compensation figures redacted. (Thibodo Decl., ¶ 8.) Defendant served su...

Excerpt: ... 2016 and Torres filed his Answer on March 20, 2017. Trial in this matter is set for June 18, 2018. Plaintiff seeks leave to file a First Amended Complaint (“FAC”). Specifically, Plaintiff seeks to add: (1) new defendants Rally's Crenshaw aka Rally's Hamburgers #6164 and Does 11- 100; (2) a new first cause of action for motor vehicle negligence; (3) a new second cause of action for general negligence; and (4) respondeat superior theory of leg...

Excerpt: ...sed on his surprise and excusable neglect. “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall ...

Excerpt: ...y 10, 2017, Plaintiff and Plaintiff's counsel failed to appear, and the Court dismissed the action without prejudice. Plaintiff now moves to set aside dismissal and to reinstate the complaint based on counsel's mistake, inadvertence, and neglect. “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mist...

Excerpt: ...mobile accident. On April 4, 2016, Midway HFC Company was dismissed from the action. Defendant moves for an order compelling McClinton's deposition and continuing trial and trial-related dates. On February 2, 2018, Defendant's ex parte application for trial continuance was granted and trial was continued June 1, 2018. Therefore, the request for trial continuance is denied as MOOT. In June 2017, Defendant noticed McClinton's deposition for July 26...

Excerpt: ...'s motion complies with California Rules of Court, Rule 3.1362. Absent a showing of resulting prejudice, an attorney's request for withdrawal should be granted. (People v. Prince(1968) 268 Cal.App.2d 398, 406.) The Court notes trial in this matter is currently set for December 10, 2018, and no prejudice will result to Plaintiff in granting this motion. The unopposed Motion to be relieved as counsel is GRANTED. ...

Excerpt: ...ential trial setting pursuant to Code of Civil Procedure section 36. Trial is currently set for February 4, 2019. A party who is over 70 years old may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) the party has a substantial interest in the action as a whole; and (2) the health of the party is such that a preference is necessary to prevent prejudicing the party's interest i...

Excerpt: ... Defendant moves to compel: (1) physical examination of Plaintiff by Dr. Robert M. Wilson, an orthopedist; (2) physical examination of Plaintiff by Dr. John W. House, an otolaryngologist; (3) physical examination of Plaintiff by Dr. Alfredo A. Sadun, a neuro-ophthalmologist; and (4) mental examination by Charles H. Hinkin, Ph.D., a neuro- psychologist. In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may d...

Excerpt: ...through 100 alleging causes of action for medical malpractice and medical battery. The complaint in relevant part alleges the following: (1) on or about June 17, 2016, Plaintiff entered into a Wellness Plan Agreement with the defendants. (Complaint ¶ 26); (2) The agreement gave Plaintiff unlimited access to Joint Corp.'s clinics and up to four chiropractic visits per month. (Id.); (3) The agreement also included an informed consent document whic...

Excerpt: ... a prayer for exemplary damages. The complaint in relevant part alleges the following: (1) from January 2006 until October 12, 2016, Plaintiff and Defendant lived together as husband and wife in various locations in California. (Complaint ¶ 4); (2) Plaintiff and Defendant were married on December 15, 2005 and have one minor child. (Id.); (3) On several dates ranging from February 2006 to approximately October 12, 2016, Defendant without justific...

Excerpt: .... In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff where: (1) the examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; and (2) the examination is conducted at a location within 75 miles of the residence of the examinee. (Code of Civ. Proc., § 2032.220, subd. (a).) Where any party seeks to obtain discov...

Excerpt: ... the Court granted Defendants' motion to strike punitive damages allegations and prayer with 20 days' leave to amend. The parties entered into a stipulation that Plaintiff could conduct reasonable discovery concerning Alexander's prior history of driving under the influence and Plaintiff could amend his complaint to add punitive damages allegations outside the 20-day deadline. Defendants would retain the right to bring a motion to strike or motio...

Excerpt: ... a trip and fall incident. Plaintiff was working as a bartender at Mari Vanna LA, a restaurant owned by Nistratov, and located on property owned by Liongate. At Mari Vanna LA, the employees were sometimes required to use a “manhole” to enter the below-level basement to access supplies. (Complaint, ¶ 7.) The employees were trained on how to access the basement and there were procedures and policies that the door was to be kept closed at all t...

Excerpt: ...EPT.: 56 On August 5, 2015, Plaintiffs Cesar Romero and Tatiana S. Romero (collectively, the “Romeros”) filed this action against Defendants Brocca Custom Finish Carpentry Inc. (“Brocca Inc.”), Daniel V. Brocca, Aida Brocca, Jerry Guzman, and Claudio Cruz arising out of the alleged failure to provide carpentry services and bathroom work as agreed upon for the Romeros' home. The operative Second Amended Complaint names Victor Daniel Brocca...

Excerpt: ...m Plaintiff's complaint on grounds there are insufficient allegations to support an award of punitive damages. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code of Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, Rule 3.1322(b).) The court may, upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrele...

Excerpt: ...Nursing Facility LLC, the nursing facility providing Plaintiff medical care. On October 27, 2017, Plaintiff filed the operative Complaint for (1) dependent adult abuse, and (2) negligent hiring and supervision. Motion to Quash Plaintiff moves to quash seven deposition subpoenas served on his prior medical and related service providers, Arinder Chadha, M.D., Gadson Johnson, M.D., Liberty Ambulance, Naftoli Weingarten, E.B. Professional Services, S...

Excerpt: ...ogatories and Requests for Production of Documents (“RPD”). On December 29, 2017, the parties participated in an Informal Discovery Conference (“IDC”) with the Court. Plaintiff was ordered to serve further responses by January 19, 2018. On February 9, 2018, the parties filed a joint statement regarding the remaining issues. Plaintiff did not serve further responses to Form Interrogatories; did not provide further code-compliant written re...

Excerpt: ... Alvarenga on the City. (Declaration of Matthew P. Foose, ¶¶ 2, 3.) City emailed the notice to Alvarenga, but informed Plaintiff's counsel that it could not accept service on Alvarenga's behalf because he no longer works for City and is not a party to this action. (Declaration of Tania Ochoa, ¶ 4.) City's counsel has not been able to contact Alvarenga. (Ochoa Decl., ¶5.) Plaintiff personally served a deposition subpoena on Alvarenga, noticing...

Excerpt: ...Plaintiff. (Declaration of Abby J. Moscatel, ¶ 3.) Plaintiff failed to respond to Defendant discovery requests and Defendant filed motions to compel Plaintiff's responses. (Moscatel Decl., ¶¶ 4, 5.) On September 27, 2017, the Court granted Defendant's motions to compel and ordered Plaintiff to pay $637.25 in monetary sanctions. (Moscatel Decl., ¶ 5.) On September 28, 2017, Defendant's counsel gave notice of the Court's Order. (Moscatel Decl.,...

Excerpt: ...pervision, negligent hiring and/or retention, by Doe against all defendants, and (2) negligent infliction of emotional distress (“NIED”) against CVUSD by Chavira. CVUSD moves for summary adjudication as to the second cause of action for NIED alleged by Chavira. II. FACTUAL BACKGROUND <0003002700520048000300 0051004c005200550003[at South Hills High School (“SHHS”). (Undisputed Material Fact “UMF” No. 1.) During the summer before the 20...

Excerpt: ...ch Plaintiff Walters was riding in a vehicle negligently driven by Babak Eliyaho who was performing services pursuant to the Uber mobile application. On October 31, 2016, Plaintiff Walters filed the operative Complaint alleging causes of action for negligence. Plaintiff Case Walters seeks relief from waiver of objections as to Defendant Eliyaho's request for production, set one, special interrogatories, set one, and form interrogatories set, one....

Excerpt: ...on, and electrical defects. Despite such defects, Ford authorized dealerships either refused to repair the subject vehicle or failed to properly repair the defect. On March 24, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1)-(5) violations of the Song-Beverly Consumer Warranty Act §§ 1793.2(d), 1791.2(b), 1792.2(a)(3), 1791.2, 1791.1, and (6) violation of the Magnuson-Moss Act. Motion to Disqualify Defendant Ford...

Excerpt: ...Defendant David Lu's joinder to the Motion for Summary Judgment is denied. On June 3, 2016, Plaintiff Kevin P. Cope filed this action against Defendants Castleton Real Estate & Development Inc. (“Castleton”), Y.K. America Group, Inc. (“YK America”), David Lu, Justin Huang, and Howard Ting arising out of the alleged failure to pay a sales commission for the sale of vacant property located in Cabazon to the Morongo Band of Mission Indians. ...

Excerpt: ...tions to Strike are granted. On April 21, 2014, Plaintiffs Association for Los Angeles Deputy Sheriffs (“ALADS”) and Deputy John Doe (“Doe”) filed this action against Defendants County of Los Angeles (also sued as Los Angeles County Sheriff's Department and Los Angeles County Occupational Health Programs), Richard Barrantes, Steve Nyblom, Robert L. Goldberg M.D., Sepidah A. Souris Psy.D., and Larry Ball Psy.D. arising out of a medical ree...

Excerpt: ... ) ) ) ) ) ) CASE NO: BC609366 [TENTATIVE] ORDER RE: PLAINTIFF'S APPLICATION FOR DEFAULT JUDGMENT Dept. 98 8:30 a.m. February 16, 2018 On February 5, 2016, Plaintiff Jasper Alvarez (“Plaintiff”) filed this action against Defendants Silver Platter, Julio Antonio Ramirez, Noral Ramirez, Socorro Corral Herrera, Jane Elizabeth Guevara, Salvador Ruiz, Simon Security Services Patrol, Inc., Jeovany Guevara, Walter Guerra, Jesus Solorio (collectively...

Excerpt: ...nts Sunbelt Rentals, Inc. and Timothy Martin Ross, Sr. (collectively, “Defendants”) for motor vehicle negligence motor vehicle negligence and general negligence relating to an October 27, 2016 motor vehicle accident. In June 2017, Defendants served Form Interrogatories, Special Interrogatories, Requests for Production of Documents, and Requests for Admission on Plaintiff. Plaintiff served unverified responses in August 2017 and stated verific...

Excerpt: ...Plaintiff”) filed this action against Armenag Hovsep Avakian (“Avakian”) and Sevan Bakery, Inc. (“Sevan Bakery”) (collectively, “Defendants”) for motor vehicle negligence arising out of an April 11, 2015 vehicle vs. bicycle collision. Defendant's Deposition On November 20, 2017, Plaintiff served a notice of deposition on Avakian, noticing his deposition for December 13, 2017. (Declaration of Steven J. Prager, ¶ 5.) Due to miscommun...

Excerpt: ...This action arises out of a November 24, 2016 automobile accident. On March 1, 2017, Plaintiffs Hakop Gevorkyan and Haik Gevorgyan (collectively, “Plaintiffs”) filed this action alleging general negligence and motor vehicle negligence against Defendants Scott Arthur Elliott (“Elliott”) and James Crank (“Crank”) (collectively, “Defendants”). On August 17, 2017, Plaintiffs filed their First Amended Complaint (“FAC”) seeking puni...

Excerpt: ...ant Rafael Chavez Cuevas (“Defendant”) for negligence relating to an October 9, 2014 motor vehicle vs. pedestrian accident. On August 14, 2017, Defendant served Form Interrogatories, Special Interrogatories, and Request for Production of Documents on Plaintiff. (Declaration of Sheryl Lee Reeves, ¶ 2; Exh. A.) Defendant's counsel granted multiple extensions on responses. (Reeves Decl., ¶¶ 4, 5.) Plaintiff's counsel then indicated they would...

Excerpt: ...Perlmuter arising out of an October 24, <0003004700480049004400 00480051005700480055[ed against Defendants. Plaintiffs sought default judgment of $400,517.00 against Defendants. On April 5, 2017, the Court entered default judgment against Defendants. Roy's liability was limited $15,000.00 pursuant to Vehicle Code section 17151. Judgment against Zachary was entered in the amount of $41,744.00 in special damages and $75,00.00 as to Darnell, and $15...

Excerpt: ...automobile accident. On March 9, 2017, Plaintiff Ethan Celis (“Plaintiff”) filed this action for negligence against Defendant VRide, Inc. (“VRide”). On March 23, 2017, VRide filed its Answer. The statute of limitations expired on March 25, 2017. On April 28, 2017, Plaintiff amended the Complaint to name Ronald Idoine (“Idoine”) as Doe 1. Defendants VRide and Idoine (collectively, “Defendants”) now move for summary judgment, or in ...

Excerpt: ... automobile versus bicycle accident. Defendant failed to file an Answer and on September 1, 2016, default was entered against Defendant. Plaintiff now seeks default judgment in the amount of $159,343.00. When a defendant has been served and no answer, demurrer, or certain motion has been filed within the time specified in the summons, the clerk shall enter the default of the defendant. Cal. Code of Civ. Proc. § 585(b). The court shall then rende...

Excerpt: ...st <0053004800550003000b00 0051005700b4000c0003[for premises liability relating <0014000f00030015001300 00510047004400510057[ noticed Plaintiff's deposition for September 5, 2017, but Plaintiff's counsel objected and the parties agreed to set the deposition for November 7, 2017. (Declaration of Daniel Dubin, ¶¶ 2, 3, 4.) On November 7, 2017, Plaintiff's counsel appeared, but Plaintiff did not. It was later determined that Plaintiff's counsel ga...

Excerpt: ...ion against Defendant YMCA of Metropolitan Los Angeles (“YMCA”), alleging she sustained injuries while using an exercise machine at a gym operated by Defendant. On March 18, 2017, YMCA filed a Cross- Complaint. On December 4, 2017, YMCA filed an amendment to its Cross-Complaint to name Brunswick Corporation (“Brunswick”) as “Moe 2.” Brunswick was served with the Cross- Complaint on December 6, 2017 and filed an Answer on January 8, 20...

Excerpt: ...LAINT Dept. 98 1:30 p.m. Februar y 14, 2018 On March 15, 2017, Plaintiff Rosa Andrade (“Plaintiff”) filed this action against Defendants CBS Broadcasting Inc. and CBS Studios, Inc. (collectively, “Defendants”), for premises liability relating to a May 7, 2015 trip and fall. Defendants filed their Answer on June 16, 2017. Plaintiff was attending a taping of the television show “The Talk” at Defendants' studio. While leaving the studio,...

Excerpt: ...inst Defendant Abbas Sheikhi (“Sheikhi”) for negligence, motor vehicle negligence, negligence per se, and negligent hiring, retention, and supervision relating to an October 31, 2016 motor vehicle accident. On December 4, 2017, Plaintiff amended the complaint to name Uber Technologies, Inc. as Doe 1, Rasier, LLC as Doe 2, and Rasier-CA LLC as Doe 3 (collectively, “Uber”). Uber moves to strike punitive damages allegations from Plaintiff's ...

Excerpt: ...NTATIVE] ORDER RE: PLAINTIFFS' MOTION TO VACATE DISMISSAL Dept. 98 1:30 p.m. February 13, 2018 On October 24, 2017, Plaintiffs Angel Jesus Tintos (“Tintos”) and Jose Jesus Tintos- Sanchez (“Tintos-Sanchez”) (collectively, “Plaintiffs”) filed this action against Defendants Inner Valley Transport, Inc. (“Inner Valley”), Reymundo Jimenez Aguilar (“Aguilar”), Jenise Marchelle Kearney (“Kearney”), and Nathan Steller (“Steller...

Excerpt: ... filed this action against Defendant Southern California Healthcare System, Inc. dba Southern California Hospital at Hollywood fka Alta Hollywood Hospitals, Inc. dba Hollywood Community Hospital (erroneously sued as Alta Hospitals System, LLC) (“Defendant”) for negligence. On July 7, 2014, Plaintiff was working a nursing shift at Southern California Hospital at Hollywood, which she obtained through her general employer, Secure Nursing Service...

Excerpt: ...e collision that occurred on August 31, 2015. Plaintiff George Wilkie (“Plaintiff”) alleges that he was stopped at a red light when Defendant Michael Jean Philippe (“Defendant”) rear-ended him, pushing Plaintiff into the vehicle in front of him. On October 18, 2017, the Court deemed this case to be a related case of Case No. 17K08107, filed by Geico Casualty Company against Defendant. Defendant now moves for consolidation of the two cases...

Excerpt: ...ruo Kayatama (“Defendant”) for negligence arising out of an August 18, 2015 motor vehicle accident. On July 10, 2017, Defendant served Form Interrogatories, Special Interrogatories, and Request for Production of Documents on Plaintiff. (Declaration of Chan B. Reader, ¶ 3; Exh. A.) Defendant granted two extensions on Plaintiff's responses. (Reader Decl., ¶¶ 4, 5; Exhs. B, C.) To date, Plaintiff has served no responses to Defendant's discove...

Excerpt: ... 29, 2016 automobile accident. On July 12, 2017, Defendant served a Notice of Taking of Deposition on Plaintiff, noticing her deposition for August 24, 2017. (Declaration of Jessica E. Carranza, ¶ 2; Exh. A.) On August 2, Plaintiff's former counsel informed Defendant's counsel that due to unavailability of counsel, Plaintiff's deposition could not take place on August 24, 2017. (Carranza Decl., ¶ 3.) Plaintiff's deposition was continued to Octo...

Excerpt: ... communications and Plaintiff has become abrasive and rude. Absent a showing of resulting prejudice, an attorney's request for withdrawal should be granted. (People v. Prince<0056000300510052005700 0048004f005c00030049[illed out the Declaration form in support of his Motion to be relieved—he has not specified how he confirmed Plaintiff's current address where notice of this motion was sent, and he checked the box indicating no trial date has be...

Excerpt: ...lic beach. Defendant Jose Javier Flores (“Flores”), an employee of Defendant City of Long Beach (“City”), operated a front-end loader on the beach and drove it over Plaintiff's body. On August <00030026004c0057005c00 0055004800560003000b[collectively, “Defendants”) for negligence and premises liability. On September 29, 2016, Defendants filed their Answer, asserting comparative fault as their second affirmative defense. Plaintiff now ...

Excerpt: ...�), Elco Insurance and Does 1 to 50 alleging a single cause of action for negligence. The complaint alleges that while driving in a negligent manner, defendant “Enterprise rental customer” smashed his vehicle into Plaintiff's vehicle and that the accident was 100% the fault of the defendant. (Complaint ¶¶ 2, 7.) On November 15, 2017, Derdiger filed a demurrer to the complaint on the ground it fails to state facts sufficient to support a cau...

Excerpt: ...property damage and personal injury arising out of a May 26, 2015 motor vehicle accident. On November 15, 2017, Defendant served Special Interrogatories, Set Two on Plaintiff. On November 21, 2017, Plaintiff served a verified response objecting to the interrogatories. After meeting and conferring, Plaintiff refused to provide further responses. Defendant now moves for an order compelling further responses and imposing monetary sanctions. However,...

Excerpt: ...f America (“Plaintiff”) filed this action against Defendant Ezequiel Gomez dba EZ Roofing (“Defendant”) seeking $234,493.83 that it paid to its insured, Manuel Varela (“Varela”). On or about October 17, 2016, Defendant was contracted by Varela to perform roof work on Varela's property. However, in the course of performing the roofing services, Defendant allegedly caused substantial damages to Varela's property. Plaintiff insured Varel...

Excerpt: ...RODUCTION OF DOCUMENTS Dept. 98 10:00 a.m. February 7, 2018 On April 5, 2017, Plaintiff Rodolfo Segundo Martinez (“Plaintiff”) filed this action against Defendants Juan Carlos Betancourt (“Betancourt”), Juan Ibarra (“Ibarra”), California Cartage Company, LLC (“California Cartage”), and City National Bank for personal injuries arising out of an October 16, 2015 automobile accident. <005500570044004a004800 004700440051005700b4[) ser...

Excerpt: ...DOCUMENTS Dept. 98 1:30 p.m. Februar y 7, 2018 On September 7, 2017, Plaintiff Linda Riley (“Plaintiff”) filed this action against Defendants Rabindra Watson, M.D., Saurabh Mukewar, M.D., Ronald Regan UCLA Medical Center, and UCLA Health for medical negligence. On October 30, 2017, the Regents of the University of California (Doe 1) (“Defendant”) served Form Interrogatories, Special Interrogatories, and Demand for Production of Documents ...

Excerpt: ...ION <002700520057005c000300 0044004c00510057004c[ff”), by and through his Guardian Ad Litem, Rosa Doty (“Mrs. Doty”), filed this action against Defendants Faith Baptist Church of Canoga Park (“FBC”) and Jeff Smith (“Smith”) (collectively, “Defendants”), for general negligence and premises liability relating to injuries he sustained while playing baseball. Defendants move for summary judgment on grounds of express waiver and prim...

Excerpt: ...tiff”) filed this action against Defendants Bridget McBride (“McBride”) and Martin Delgadillo (“Delgadillo”) for premises liability and general negligence relating to a February 25, 2014 incident where he was struck by a falling tree branch. On October 31, 2016, McBride served Form Interrogatories, Set One; Special Interrogatories, Set One; and Requests for Production of Documents, Set One on Plaintiff. (Declaration of Timothy Gauthier,...

Excerpt: ...do Mello (a minor through Elisa Hernandez-Kuenzli as guardian ad litem) and Santos Mello (a minor through Elisa Hernandez-Kuenzli as guardian ad litem) (collectively “Plaintiffs”) filed this action against defendant Linda Jean Pawlik (“Pawlik”) and Does 1 through 20 alleging causes of action for wrongful death and survival action. On November 22, 2017, Plaintiff filed a first amended complaint (“FAC”). The FAC alleges that Pawlik is r...

Excerpt: ...SPONSES TO SPECIAL INTERROGATORIES Dept. 98 1:30 p.m. February 6, 2018 On April 3, 2017, Plaintiff Parrish Hanoun (“Plaintiff”) filed this action against Defendants for premises liability and general negligence relating to December 24, 2015 slip and fall. On September 14, 2017, Defendant LTSC Community Development Corporation (“LTSC”) served Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Production of Do...

Excerpt: ...THE PROCEEDINGS Dept. 98 1:30 p.m. February 6, 2018 On September 18, 2016, Plaintiff Kathryn Gurley (“Kathryn”) and her son, Plaintiff James Benjamin Gurley III (“Ben”) took up temporary residence at a home (“the Rental”) that Kathryn had rented through Defendant HomeAway.com, Inc. (“HomeAway”). Plaintiff Kathryn Taylor Gurley (“Taylor”), Kathryn's daughter, frequently visited Kathryn and Ben at the Rental. Kathyrn, Ben, and T...

Excerpt: ...16, Plaintiff Hani Nachef (“Plaintiff”) filed this action against Defendants Retal Auto Sales and Rentals, LLC and Bader Sultan Alrasheed for negligence relating to a July 16, 2016 automobile accident. Defendants Retal Auto Sales and Rentals, LLC and Retal Group, LLC (Doe 46) (collectively, “Retal”) move for summary judgment, or in the alternative, summary adjudication on grounds Plaintiff cannot show Retal negligently entrusted a motor v...

Excerpt: ...TL Logistics (collectively, “Defendants”) for negligence arising out of a May 18, 2014 motor vehicle accident. Trial in this matter is currently set for March 14, 2018. The parties move to continue trial to May 28, 2018. A party seeking a continuance of the date set for trial must make the request for a continuance by a noticed motion or an ex parte application as soon as reasonably practical once the necessity for the continuance is discover...

Excerpt: ...gligence arising out of a December 30, 2015 automobile accident. On August 22, 2017, Defendant served Request for Admissions, Set One on Plaintiff. (Declaration of Alan P. Trafton, ¶ 3; Exh. A.) Responses were due by September 21, 2017. (Trafton Dcel., ¶ 4.) On October 15, 2017, Defendant's counsel sent a meet and confer letter regarding nonreceipt of Plaintiff's responses. (Trafton Decl., ¶ 5; Exh. B.) To date, Plaintiff has not responded to ...

Excerpt: ...ion against Defendant Tiffany Mariko Ohara (“Defendant”) for negligence relating to a July 7, 2015 automobile accident. Plaintiff alleged he suffered personal injuries and property damage as a result of the accident and sought damages for wage loss, loss of use of property, hospital and medical expenses, loss of earning capacity, and future medical expenses. Defendant now moves to reclassify this action to limited jurisdiction on grounders an...

Excerpt: ...COMPEL DISCOVERY RESPONSES Dept. 98 1:30 p.m. February 6, 2018 On June 28, 2017, Plaintiffs Yan Li and Yuqiang Yang filed this action against Defendants Twinn Plams, Inc., (“Twinn Palms”) Michael Thong, and Tiffany Trang Thong (collectively, “the Thongs”) for negligence and wrongful death relating to the death of their son, Qinsong Yang (“Decedent”). In August 2016, Decedent was studying as an exchange student at Fresno Adventist Acad...

Excerpt: ...ey-client relationship and continued representation of plaintiff would be impossible and unethical. Counsel was unable to confirm Plaintiff's current address after diligent efforts, including telephone calls, mailing to his last known address, speaking with the individual who referred Plaintiff to counsel's office, and requesting Plaintiff's most current address from the U.S. Postal Service. Counsel mailed notice of this Motion to Plaintiff's las...

Excerpt: ...his action arising out of an alleged assault and battery. On August 24, 2016, Plaintiff filed a First Amended Complaint (“FAC”) alleging intentional tort, general negligence, intentional infliction of emotional distress, and negligent infliction of emotional distress, and seeking punitive damages. Defendant Live Nation Worldwide, Inc. (sued as Doe 21) (“Defendant”) moves to strike punitive damages allegations from Plaintiff's FAC. Any par...

Excerpt: ...n September 6, 2016, Plaintiff Sarah Holguin (“Plaintiff”) filed this action against Defendants All Yellow Taxi, Inc. (“All Yellow Taxi”) and Joseph Luke Hanna (“Hanna”) (collectively, “Defendants”) alleging causes of action for negligence and negligent entrustment relating to a November 4, 2015 incident where Plaintiff, a pedestrian, was struck by a vehicle driven by Hanna and owned by All Yellow Taxi. On November 28, 2017, the C...

Excerpt: ...uz M. Reyes (“Reyes”) filed this action relating to a March 10, 2016 work-related injury Ramos suffered while employed with Sanders & Whorman (“Employer”). Insurance Company of the West (“Petitioner”) provides workers' compensation insurance to Employer and seeks to intervene. (Declaration of Daniel B. McCarthy, ¶ 4.) Petitioner has paid $76,916.11 in workers' compensation benefits to or on behalf of Plaintiff, and continues to pay b...

Excerpt: ...iled this action against Defendant Great Scott Tree Service, Inc. (“Defendant”) for injuries sustained when a tree branch fell into the designated bicycle lane that Plaintiff was riding her bicycle in, causing Plaintiff to eject from the bicycle. Plaintiff filed this Motion for sanctions on grounds she has attempted and been unable to depose four defense employees. On January 2, 2018, Plaintiff appeared ex parte to specially set the hearing o...

Excerpt: ...(“Defendant”) for negligence arising out of an August 25, 2014 automobile accident. On August 4, 2017, Defendant served a notice of taking Plaintiff's deposition for October 6, 2017. Defendant's counsel avers she rescheduled Plaintiff's deposition three times to accommodate Plaintiff and Plaintiff's counsel. (Declaration of Danica Chang, ¶ 4.) On October 27, 2017, Defendant served a Third Amended Notice of taking Plaintiff's deposition for D...

Excerpt: ...y, “Plaintiffs”) filed this action against Defendant Mega Parking, Inc. (“Defendant”) for personal injuries sustained in a June 30, 2015 motor vehicle collision. Trial in this matter is currently set for March 7, 2018. Plaintiffs move to continue trial to June 2018. A party seeking a continuance of the date set for trial must make the request for a continuance by a noticed motion or an ex parte application as soon as reasonably practical ...

Excerpt: ...n (“Plaintiff”) filed this action against Defendant Christopher S. Verbin, M.D. for professional negligence relating to two surgical procedures performed by Defendant. Trial in this matter is currently set for March 8, 2018. Defendant's counsel moves to continue trial and trial related dates. A party seeking a continuance of the date set for trial must make the request for a continuance by a noticed motion or an ex parte application as soon a...

Excerpt: ... 2017, Plaintiff Rada Acuna (“Plaintiff”) filed this action against Defendants Jennifer Mora and Jose Mora (collectively, “Defendants”) in Case No. BC666363 (“Lead Case”). On July 13, 2017, Leila Ramirez, who was a passenger in Plaintiff's vehicle, filed an action against Defendants and Plaintiff in Case No. BC668607 (“Related Case”) for injuries arising out the same accident. Defendants filed a Notice of Related Cases. On Decembe...

Excerpt: ...d this action against Defendants Edmound Orami and DTL Logistics (collectively, “Defendants”) for negligence arising out of a May 18, 2014 motor vehicle accident. Defendants seek to compel a joint mental examination of Plaintiff. In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff where: (1) the examination does not include any diagnostic test or proced...

Excerpt: ...Plaintiff Satwinder Kaur (“Plaintiff”) filed this action against Defendants Paradigm TVM, LLC (“Paradigm”), Lanting Hotel Group Inc., Lanting Hotel Ventures II Inc., and Radisson Hotels International, Inc. (“Radisson”) for general negligence and premises liability arising out of a May 30, 2014 slip and fall. Trial is currently set for April 25, 2018. Radisson moves to continue trial and trial-related dates to at least thirty days afte...

Excerpt: ...Young Deok Jang (“Jang”) and Jang Soo Jeong (“Jeong”) (collectively, “Defendants”) for negligence and negligence—permissive use of vehicle, arising out of a March 4, 2014 accident. Plaintiff was a passenger in a Metro blue line train that Jang, driving a car owned by Jeong, struck, causing injuries. An OSC re: dismissal/trial setting conference was set for November 2, 2017. Plaintiff's counsel failed to appear and this action was di...

Excerpt: ...ction against Defendants Antonio Lopez-Ortiz and Rosci Barrera Bautista (collectively “Defendants”) for negligence relating to an October 29, 2014 automobile accident. On November 8, 2017, Plaintiff's counsel failed to appear at an OSC re: dismissal. The Court dismissed the action without prejudice. Plaintiff now moves to set aside dismissal based on counsel's mistake, inadvertence, surprise, or excusable neglect. “The court may, upon any t...

Excerpt: ...istine Cruz (“Defendant”) for negligence relating to a June 20, 2014 automobile accident. Defendant moves for reclassification of this action to a court of limited jurisdiction on grounds that any award for Plaintiff will necessarily be less than the jurisdictional minimum of $25,000.00. A motion to reclassify an unlimited civil case as a limited civil case may be granted only if the court determines that the plaintiff's claim necessarily inv...

Excerpt: ... DEFENDANT Dept. 98 1:30 p.m. February 1, 2018 On May 19, 2016, Plaintiffs Nancy Joyce Crooms (“Mrs. Crooms”) and Christopher Crooms (“Mr. Crooms”) (collectively, “Plaintiffs”) filed this action against Defendant Berberian Enterprises, Inc. dba Jones International Market (“Defendant”) for premises liability and loss of consortium. Plaintiffs alleged that a slippery and hazardous substance on the floor of Defendant's premises cause...

Excerpt: ...inst Defendant Patricia Lemlein (“Defendant”) for negligence, negligence per se, and loss of consortium relating to a January 26, 2014 motor vehicle accident. On April 13, 2017, Defendant's prior counsel served an Expert Witness Designation. In late September 2017, Defendant's counsel was substituted as counsel of record. Counsel now seeks to augment the designation of expert witnesses by adding neuroradiologist Matthew Lotysch, M.D. (“Dr. ...

Excerpt: ...: BC638725 [TENTATIVE] ORDER RE: DEFENDANT/CROSS-DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION Dept. 98 1:30 p.m. February 1, 2018 I. INTRODUCTION On October 27, 2016, Plaintiffs Caroline Jimenez Oropez (“Caroline”), Maria Jimenez Oropeza (“Maria”), and Martha Jimenez (“Martha”) (collectively, “Plaintiffs”) filed this action against Defendants Los Angeles County Metropolitan Transp...

Excerpt: ...ber 6, 2015, Plaintiff Maryza Alexandra Hanson (“Plaintiff”) filed this action against Defendants John Thomas Murrah (“John”) and Sandra R. Murrah (collectively, “Defendants”) for negligence and negligence per se relating to an October 31, 2014 vehicle versus bicycle collision. Defendants now move for an order requiring Plaintiff to file an undertaking pursuant to Code of Civil Procedure section 1030. Where a plaintiff in an action re...

Excerpt: ...hall”) and Anne Mario O'Brien (“O'Brien”) (collectively, “Applicants”) seek admission to appear as counsel pro hac vice to represent Defendant Union Pacific Railroad Company (“Defendant”) in this action along with Robert John Gibbons, an active member of the State Bar of California. (Declaration of Robert John Gibbons, ¶ 2.) Lighthall is a member in good standing of the State Bars of Nebraska and Colorado. (Declaration of Maria T. ...

Excerpt: ...ILE AN UNDERTAKING Dept. 98 1:30 p.m. January 9, 2018 On November 6, 2015, Plaintiff Maryza Alexandra Hanson (“Plaintiff”) filed this action against Defendants John Thomas Murrah (“John”) and Sandra R. Murrah (collectively, “Defendants”) for negligence and negligence per se relating to an October 31, 2014 vehicle versus bicycle collision. Defendants now move for an order requiring Plaintiff to file an undertaking pursuant to Code of C...

Excerpt: ...n August 31, 2015. Plaintiff George Wilkie (“Plaintiff”) alleges that he was stopped at a red light when Defendant Michael Jean Philippe (“Defendant”) rear-ended him, pushing Plaintiff into the vehicle in front of him. On October 18, 2017, the Court deemed this case to be a related case of Case No. 17K08107, filed by Geico Casualty Company against Defendant. Defendant now moves for consolidation of the two cases, with Case No. BC602011 as...

Excerpt: ... Plaintiff Johnnie Mae Brooks-Barr (“Plaintiff”) filed this action against Defendants Food 4 Less of Southern CA, Inc., Food 4 Less of CA, Inc., and Food 4 Less Holdings, Inc. (collectively, “Defendants”) for personal injuries arising out of a December 11, 2016 fall due to an alleged dangerous condition created by Food 4 Less store personnel. Plaintiff now seeks to preferentially-set trial, due to her age and deteriorating health conditio...

Excerpt: ...action arises out of a three-vehicle collision that occurred on August 31, 2015. Plaintiff George Wilkie (“Plaintiff”) alleges that he was stopped at a red light when Defendant Michael Jean Philippe (“Defendant”) rear-ended him, pushing Plaintiff into the vehicle in front of him. On October 18, 2017, the Court deemed this case to be a related case of Case No. 17K08107, filed by Geico Casualty Company against Defendant. Defendant now moves...

Excerpt: ...once Hunter and Crystal L. Anderson (collectively, “Plaintiffs”) filed this action against Defendant Brando Delarenal (“Defendant”) for alleged damages arising out of an April 23, 2016 vehicle collision. On August 14, 2017, the Court granted Defendant's motion to strike punitive damages with leave to amend. On August 21, 2017, Plaintiffs filed their First Amended Complaint (“FAC”). Defendant now moves to strike punitive damages from P...

Excerpt: ... his Guardian Ad Litem, Heysy Donis (“Petitioner”), has agreed to settle his claims against Defendant Sang Wong Jung (“Defendant”) in exchange for $25,000.00. If approved, $76.09 will be used to pay medical expenses, $6,250.00 will be used to pay attorney's fees, and $2,349.74 will be used to pay non- medical expenses, leaving a balance of $16,324.17 for Claimant. The balance will be deposited into an insured account subject to withdrawal...

Excerpt: ...DOES 50-100, inclusive, Defendants. AND RELATED CROSS-ACTIONS. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: BC590186 [TENTATIVE] ORDER RE: DEFENDANT/CROSS- COMPLAINANT'S MOTION TO STRIKE PUNITIVE DAMAGES AND RELATED ALLEGATIONS FROM PLAINTIFF'S FIRST AMENDED COMPLAINT Dept. 98 1:30 p.m. January 8, 2018 This case arises out of an explosion involving alcohol burners that occurred at California Adams College, a dental school, and which in...

Excerpt: ...ember 2, 2015, Plaintiffs Mary Ann Asencio and Peter Asencio (collectively, “Plaintiffs”) filed this action against Defendants Joel Velasco (“Velasco”) and Miguel Merino (“Merino”) (erroneously sued as Miguel Moreno) for personal injuries arising out of an October 5, 2013 vehicle collision. On May 18, 2016, default was entered against Velasco and Merino. On May 30, 2017, default judgment in the amount of $241,023.61 was entered agains...

Excerpt: ...8 1:30 p.m. January 8, 2018 On August 16, 2016, Plaintiff Christopher Michael (“Plaintiff”) filed this action against Defendants UPS, Inc. (“UPS”) and Danielle Christine Huggins (“Huggins”) (collectively, “Defendants”) for negligence relating to a September 8, 2014 automobile accident. Plaintiff alleges that Huggins made an illegal right hand turn and crossed into Plaintiff's traffic lane in order to avoid an illegally parked UPS ...

Excerpt: ...S MOTION FOR PREFERENTIAL TRIAL SETTING Dept. 98 1:30 p.m. January 8, 2018 On September 6, 2017, Plaintiffs Kristi Greenlee (“Kristi”), individually, and as Guardian Ad Litem for Hollynn Greenlee (“Hollynn”), a minor, and Michael Greenlee (“Michael”) (collectively, “Plaintiffs”) filed this action against Defendants Bradley Fleury (“Fleury”) and Skyline Properties (“Skyline”) (collectively “Defendants”) for premises lia...

Excerpt: ...ONSTRATES SHE IS PROPERLY REPRESENTED Dept. 98 1:30 p.m. January 5, 2018 On August 24, 2016, Plaintiff Phyllis A. Merrick (“Plaintiff”) filed this action against Defendant University of Southern California (“Defendant”) for medical malpractice. Michael Hance (“Hance”) was appointed as Plaintiff's Guardian Ad Litem. On October 23, 2017, Plaintiff's attorney of record was relieved as counsel. Defendant now moves for an order to temporar...

Excerpt: ...ntiffs Rosetta Borgic (“Rosetta”) and Myra Borgic (“Myra”), a minor, by and through her Guardian Ad Litem, Rosetta Borgic (collectively “Plaintiffs”) were involved in a vehicle collision with Defendant Crystal Reid, driving a car owned by Defendant Myrna Flectcher. On September 22, 2016, Plaintiffs filed their complaint for negligence. In April 2017, the matter settled. (Declaration of Mark J. Giannamore, ¶ 7.) However, due to Plaint...

Excerpt: ...2018 <000b00b30033004f004400 00030049004c004f0048[d this action against Defendants Glen Burson, Sabatha Samantha Landers, Anita Brayman, and Helen Trerotola (“Trerotola”) (collectively, “Defendants”) for premises liability, strict liability, and <0003004800510057004800 00510056005700030037[rerotola. Trerotola now moves to set aside default on grounds of attorney mistake, inadvertence, surprise, or neglect. “. . . [T]he court shall, when...