Excerpt: ...le accident involving one of Defendant's valet drivers. Plaintiff filed the complaint on 8/15/18. Plaintiff filed proof of service of the summons and complaint on Defendant on 9/26/18, and proof of service of the statement of damages on 11/02/18. On 11/27/18, at Plaintiff's request, the Clerk entered Defendant's default. At this time, Defendant moves to vacate the default entered against it. It contends it never received the summons, complaint, a...

Excerpt: ...n against Defendants, Wal-Mart Stores, Inc. and Wal-Mart Associates, Inc. for damages arising out of a trip and fall. Plaintiffs filed their original complaint on 12/13/18. On 1/31/19, Defendants filed a motion to strike, setting it for hearing on 3/01/19. Any opposition to the motion was due on or before 2/15/19. Rather than file opposition, on 2/21/19, Plaintiffs filed a First Amended Complaint. The FAC is untimely and unauthorized. CCP §472 p...

Excerpt: ...ujit K. Silla (homeowner) for damages arising out of a dog attack. On 8/24/18, Plaintiff agreed to settle his case with Defendant, Silla in exchange for a waiver of costs. The parties executed a formal release and settlement agreement on 10/29/18, and Plaintiff filed a request for dismissal, with prejudice, of Silla on 12/21/18. Thereafter, issues arose concerning the fact that the Court had not yet ruled on Silla's application for determination ...

Excerpt: ... et al. for damages arising out of a trip and fall and alleged subsequent medical malpractice arising out of care and treatment relating to Plaintiff's injuries from the trip and fall. At this time Defendants, Ghassan Tooma, M.D. and Corona Orthopaedic Associates Medical Group, Inc. move for summary judgment on the complaint, contending the care and treatment of Plaintiff complied with the standard of care at all times and nothing they did caused...

Excerpt: ...allce Reed, and Yvonne Reed for damages arising out of a fall that occurred in the common area of Plaintiff's residence. Plaintiff filed her complaint on 3/01/18. McDonald filed an answer, in pro per, on 3/26/18. The Reeds filed an answer, in pro per, on 4/09/18. Cook filed an answer, through an attorney, on 4/23/18. Cook also filed a contemporaneous cross-complaint against the other defendants. 2. Motion for Leave to File Cross-Complaint a. Proc...

Excerpt: ...damages arising out of alleged dental malpractice. 2. Motion to Quash Defendants propounded subpoenas on Plaintiff's various (eighteen) health care providers identified during discovery. Plaintiff moves to quash the subpoenas at this time. a. Initial Notes As an initial note, Plaintiff failed to file a separate statement, as required by CRC 3.1345(5). The Court finds the moving papers adequately state the grounds upon which the motion is based, a...

Excerpt: ...er, Mary Hampton, filed this action against Defendant, American Multi-Cinema, Inc., erroneously sued and served as AMC Entertainment Holdings, Inc. (hereafter “AMC”) for damages arising out of an incident that occurred at one of Defendant's theaters. Plaintiff alleges he went, with his caregiver, Jeanette Millie Brown, to the movies. He went to the bathroom, and his caregiver waited for him outside. Inside the bathroom, he came across cleanin...

Excerpt: ...lleged medical malpractice arising out of care and treatment relating to Plaintiff's tonsils. At this time Defendants, Paul J. Fruhner, PA-C and Nader Kalantar, M.D. move for summary judgment on the complaint, contending their care and treatment of Plaintiff complied with the standard of care at all times and nothing they did caused or contributed to Plaintiff's claimed damages. Each of the two moving defendants filed separate moving papers. Beca...

Excerpt: .... Bonyad was the owner of the guest house in which the dog resided, and Genzel was the tenant who was exclusively occupying the guest house and owned the subject dog. At this time, Bonyad moves for summary judgment, contending he did not own or control the dog who bit Plaintiff, and he had no knowledge that the dog was dangerous, such that liability is precluded. Per Uccello v. Laudenslayer (1975) 44 Cal.App.3d 504, 514, liability against a landl...

Excerpt: ... fourth cause of action is OVERRULED. Defendant's demurrer to the fifth cause of action is SUSTAINED with leave to amend. I. Background Facts On November 5, 2018, Plaintiff Herbert Hudson (“Plaintiff”) filed a complaint against Defendants Kourosh Maddahi, Kourosh Maddahi, DDS Cosmetic and Anti-Aging Dentistry, and Does 1 through 20 for (1) dental/medical malpractice; (2) dental/medical malpractice – res ipsa loquitur; (3) negligent inflicti...

Excerpt: ...ong-term partner, Art Boone, as a witness to the fall, as well as to her pre-incident and post-incident medical condition. The parties conducted the first session of Boone's deposition on 1/09/19. Because Plaintiff, who attended the deposition, was not feeling well, the parties agreed to continue the deposition to 1/17/19. Between 1/09/19 and 1/17/19, the attorneys met and conferred concerning certain questions directed at Boone. They were unable...

Excerpt: ...overy, and also imposing sanctions; the Court ordered Plaintiff to serve further verified responses within twenty days. To date, Plaintiff has not complied with the order; at this time, Defendant seeks an order imposing terminating sanctions. Pursuant to Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 776, the Court should typically impose lesser sanctions prior to awarding terminating sanctions. However, there are circumstances where imposition of t...

Excerpt: ... LLC, Autotransportes Tufesa S.A. de C.V., and Francisco Arambula Caro asserting causes of action of negligence, negligent hiring, training, supervision, and retention, and negligent entrustment arising out of a bus accident taking place on May 31, 2016. Defendants Tufesa USA LLC and Autotransportes Tufesa S.A. de C.V. move for leave to complete a mental examination because Plaintiff's complaint and discovery responses put his mental injuries at ...

Excerpt: ...r Summary Adjudication is GRANTED as to the first, second, and fourth causes of action, and DENIED as to the third cause of action. I. Background Facts On October 27, 2017, Plaintiff Scott McLean (“Plaintiff”) filed a complaint against Defendants City of Los Angeles, City of Woodland Hills, and Does 1 through 100 for (1) negligence; (2) premises liability; (3) public entity liability: dangerous condition of public property; and (4) public ent...

Excerpt: .... I. Background This case arises out of an alleged dog bite incident that occurred on November 2, 2016. On September 4, 2018, Plaintiff Maria Antonia Barahona (“Plaintiff” or “Barahona”) filed the Complaint against Defendants Marco Anthony Gomez (“M. Gomez”), Joseph Gomez (“J. Gomez”), Southern California Conference of Seventh-Day Adventist (“SCCSDA”) (collectively, “Defendants”), and Does 1 through 50 for (1) negligence, ...

Excerpt: ...e 3, line 13 (“4. Punitive damages in an amount to be determined at trial”) is stricken from the Complaint. Plaintiff is granted 10 days leave to file a first amended complaint. I. Background This case arises out of an alleged dog bite incident that occurred on November 22, 2017. On November 19, 2018, Plaintiff Huan Nguy (“Plaintiff” or “Nguy”) filed the Complaint for damages against Defendants Norman Johns (“N. Johns”), Evelyn Jo...

Excerpt: ...ph 14 (seeking “punitive damages”) and page 6, (“Exemplary Damages Attachment”) is stricken from the First Amended Complaint. Plaintiff is granted 10 days leave to file a second amended complaint. I. Background This case arises out of an alleged automobile accident that occurred on October 28, 2015. On October 23, 2017, Plaintiff Daniela Sorensen (“Plaintiff”) filed the Complaint for damages against Defendants Linda King (“Defendant...

Excerpt: ...emises liability against Defendants Editha Tagum Joie M. Tagum, Loie M. Tagum, MCCS Engineering Construction Inc., Carlos Raymundo Segovia, and Southern California Environmental Inc. (“SCE”). On October 12, 2018, SCE filed its answers to the complaint and cross-complaint filed against it. SCE now seeks leave to file a cross-complaint against Editha Tagum, Joie Tagum and Carlos Raymundo Segovia. A copy of the proposed cross-complaint is attach...

Excerpt: ... is DENIED. I. Background Facts On May 14, 2018, Plaintiff Coreen Gonzalez, individually and as heir of Rodolfo Gonzalez, deceased (“Plaintiff”) filed a complaint against Defendants City of Monterey Park; City of Monterey Park Department of Fire and Ambulance; Fernando Ibarra, M.D.; Fernando Ibarra, M.D., Inc.; and Does 1 through 100 for professional negligence. On May 15, 2018, Plaintiff filed a petition for relief from claims requirement. O...

Excerpt: ...strial Construction, Inc. (“AIC”), Peopleready, Bloomfield Bakers, LLC, and Conagrad Foods Export Co. for damages arising out of an on-the-job injury. On 7/06/18, AIC filed and served a motion for summary judgment, setting it for hearing on 2/08/19. Per CCP §437c(b)(2), any opposition to the motion was due at least fourteen calendar days prior to the hearing, on or before 1/25/19. On 2/01/19, Plaintiff filed opposition to the motion. On 2/04...

Excerpt: ...ys' leave to amend as to the third and fourth causes of action. 2. Defendant Quagletti, Quagletti & Duggan's Motion to Strike is MOOT. I. Background Facts Plaintiff Richard Garcia (“Plainitff”) alleges that on April 9, 2016, Plaintiff sustained injuries as a result of a fall down set of stairs at the premises located at 16003 S. Broadway, Gardena, CA (“Subject Premises”). Plaintiff claims he fell as a result of a defect in the staircase; ...

Excerpt: ... Juan Praga filed this action against Defendants, Feliciano Antonio Serrano, II, Feliciano Serrano, M.D., Inc. and Serrano Kidney & Vascular Center for medical malpractice. Plaintiff alleges Defendants were negligent in connection with their care and treatment of Decedent. 2. Motion for Summary Judgment a. Moving Argument At this time, Defendants move for summary judgment, contending they complied with the standard of care at all times, and nothi...

Excerpt: ...he following tentative ruling: Plaintiffs' attorney of record, David D. Ernst of Backus & Ernst LLP, seeks to be relieved as counsel, contending there has been an irreparable breakdown in the attorney-client relationship such that further representation is not possible. Counsel declares he served the moving papers on his clients via email and mail at their last-known address. Counsel notes that his clients live in a van, and it is difficult to en...

Excerpt: ...ertha Vargas, filed this action against Defendant, Bioscrip Infusion Services, Inc. for damages arising out of a failure to carry out treatment orders for Plaintiff's liver disease. Plaintiff alleges he is now at the top of a list for liver replacement as a result of the mistake, and his life expectancy is shortened as a result of the mistake. The parties have reached a settlement and seek court approval of the settlement at this time. The total ...

Excerpt: ...izcaino filed this action against Defendant, LACMTA for damages arising out of a bus accident. Vizcaino is a minor (sixteen years of age), and is appearing through her mother (Vargas), who is also her GAL. 2. History of Discovery Dispute Defendant has propounded four notices of deposition on Vizcaino. Plaintiff has asserted written objections to each notice of deposition; the objections are made on the ground that the depositions were improperly ...