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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...