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: ...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: ...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: ...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: ...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: .... 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: ... 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: ...'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: ...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: ...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: ... 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: ... 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: ...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: ...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 ...