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2019.3.1 Motion to Vacate Default 098
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.3.1
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...
2019.3.1 Motion to Strike 584
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.3.1
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...
2019.2.28 Motion to Amend Answer, for Leave to File Complaint 591
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.28
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...
2019.2.28 Motion to Quash Subpoenas 690
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.28
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...
2019.2.28 Motion to Set Aside Dismissal 685
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.28
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 ...
2019.2.28 Motion for Summary Judgment 928
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.28
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...
2019.2.27 Motion for Summary Judgment 433
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.27
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...
2019.2.27 Motion for Leave to File Complaint 416
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.27
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...
2019.2.25 Motion to Compel Deposition, for Protective Order, for Sanctions 053
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.25
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...
2019.2.25 Motion for Terminating Sanctions 483
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.25
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...
2019.2.25 Motion for Summary Judgment 038
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.25
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...
2019.2.25 Demurrer 826
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.25
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...
2019.2.22 Demurrer 493
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.22
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...
2019.2.22 Motion for Leave to Obtain Mental Exam 144
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.22
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 ...
2019.2.22 Motion for Summary Judgment, Adjudication 329
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.22
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...
2019.2.22 Petition for Relief from Claims Requirement 100
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.22
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...
2019.2.22 Motion to Strike 879
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.22
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...
2019.2.22 Motion to Strike 455
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.22
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...
2019.2.22 Motion to Strike 114
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.22
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, ...
2019.2.21 Motion for Summary Judgment, Adjudication 369
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.21
Excerpt: ...t John's Health Center's Motion for Summary Judgment is DENIED. Defendant's Alternative Motion for Summary Adjudication is GRANTED as to the first issue, and DENIED as to the second issue. I. Background Facts On September 26, 2017, Plaintiffs Rebecca Kovacik; Eloise Stoddard, a minor by and through her guardian ad litem Rebecca Kovacik; and Charles Stoddard, a minor by and through his guardian ad litem Rebecca Kovacik (collectively “Plaintiffs�...
2019.2.21 Motion for Leave to Amend Complaint 203
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.21
Excerpt: ...n (“Plaintiff”) filed the Complaint against Defendants City of Los Angeles, Ralph D. Evans, Jr., and Mary L. Evans for (1) premises liability and (2) general negligence arising from a trip and fall over raised concrete in front of 8449 Glen Crest, Sun Valley, CA. On December 15, 2017, Defendant City of Los Angeles filed an Answer to Plaintiff's Complaint and a Cross- Complaint against Defendants Ralph D. Evans, Jr. and Mary L. Evans. Plaintif...
2019.2.21 Demurrer, Motion to Strike 058
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.21
Excerpt: ...ed this action against Defendants Isabella Hansel, Veronica Klein, Larry Hansel, Robert Kurten Gabriel, Thomas John Gabriel, and DBDJ LLC (collectively, “Defendants”), asserting causes of action for negligence, negligence per se, intentional infliction of emotional distress, negligent entrustment, and providing alcoholic beverages to obviously intoxicated minors. Plaintiffs allege that on January 6, 2018, Plaintiffs left the Bootsy Bellows ni...
2019.2.21 Motion for Terminating Sanctions 530
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.21
Excerpt: ..., “Defendants”) motion to compel Plaintiff's deposition. The Court ordered Plaintiff to appear for deposition as noticed per the Code of Civil Procedure and to pay $1,047.50 in sanctions within 20 days. On the same day, Defendant served Plaintiff with a deposition notice to appear for deposition on January 14, 2019. On January 9, 2019, the Court granted Plaintiff's counsel's motion to withdraw. On January 14, 2019, Plaintiff failed to appear ...
2019.2.20 Motion to Strike 908
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.20
Excerpt: ...D without leave to amend. Page 7, paragraph 30 and page 8 line 8 (“punitive damages”) of the Prayer for Relief is stricken from the Second Amended Complaint. Defendant's motion to strike the Second Amended Complaint of the requests in the Prayer for Relief for “loss of financial support,” “professional,” “[f]or Prejudgment Interest,” “[f]or damages for Plaintiff's other economic losses,” and “pre‐trial interest” is DENIE...
2019.2.20 Demurrer 757
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.20
Excerpt: ... 10, 2018, Plaintiff Shoichiro Nakajima (“Plaintiff”) filed a complaint against Defendants Joe's Auto Parks Parking, Eloy Estrada, and Does 1 to 50 for motor vehicle negligence and premises liability. On January 17, 2019, Defendant Eloy Estrada (“Defendant”) filed the instant demurrer to complaint. No opposition has been filed. II. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mir...
2019.2.20 Motion to Conform Filing Date of Complaint 929
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.20
Excerpt: ...Lisa Ramirez, deceased; Manuel Ramirez; and Rachel Ramirez's motion to conform filing date of complaint to date of first submission to court is GRANTED. I. Background Facts On January 11, 2019, Plaintiffs Virginia Ramirez, individually and as successor-in-interest to Lisa Ramirez, deceased; Manuel Ramirez; and Rachel Ramirez (“Plaintiffs”) filed a complaint against Defendants Flower Street Lofts; Flower Street Lofts Homeowners Association; Pa...
2019.2.20 Motion to Compel Med Exam, for Monetary Sanctions 130
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.20
Excerpt: ...nts' motion to compel attendance at Defense Medical Examination is denied as moot. Defendant's request for sanctions against Plaintiff Ramin Masjedi and Plaintiff's counsel is denied. I. Background This case arises out of an auto versus pedestrian accident that occurred on January 16, 2017. Plaintiff Ramin Masjedi (“Plaintiff”) filed the Complaint against Defendants Phillip Oderberg, Ziquing Mei, and Abraham Arye Daniel (collectively, “Defe...
2019.2.20 Motion to Compel Depositions, Request for Monetary Sanctions 114
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.20
Excerpt: ...AINTIFFS' REQUEST FOR MONETARY SANCTIONS Dept. 3 1:30 p.m. February 20, 2019 Plaintiffs' Motion to Compel the depositions of Defendant Whittier City School District's employees is denied as moot. Plaintiffs' request for monetary sanctions against Defendant Whitter City School District and its counsel of record is denied. I. Background Plaintiffs Marlene Garcia and J.J., a minor by and through his guardian ad litem Marlene Garcia, filed a complain...
2019.2.20 Motion for Leave to Submit Tardy Expert Witness Information 267
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.20
Excerpt: ... tardy expert witness information is GRANTED, and Plaintiff is hereby granted leave to submit her tardy expert information to the parties. I. Background Plaintiff Jacqueline Williams filed this slip and fall action arising out of alleged injuries sustained by Plaintiff on September 24, 2015 while using Defendants' ladder. Plaintiff alleges that Defendants negligently provided Plaintiff a ladder without an end cap while she was handing party decor...
2019.2.19 Motion to Reopen Discovery Cutoff and Augment Experts 001
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.19
Excerpt: ...ages arising out of an automobile accident. The accident occurred on 9/11/15. Plaintiff filed the action on 6/06/17. Defendant deposed Plaintiff on 6/27/18. Plaintiff testified that he had a prior injury to his neck in 2006, but the symptoms had completely resolved by 2009. Plaintiff also testified that he had surgery (specifically cervical fusion surgery), related to the accident that forms the basis of this action, on 12/06/17, but was healing ...
2019.2.19 Motion for Determination of Good Faith Settlement 298
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.19
Excerpt: ...n Cua for damages arising out of a two-vehicle accident. Plaintiff was a passenger in a vehicle driven by Abdi and owned by Taxi when the vehicle collided with a vehicle driven by Cua. Abdi is in default. Taxi argues the accident was caused mostly by Cua failing to yield the right of way. Cua argues Abdi contributed to the accident by driving well in excess of the speed limit, and also argues Plaintiff contributed to his own injuries by failing t...
2019.2.19 Motion for Summary Judgment 890
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.19
Excerpt: ...inst Defendants Round Trip Transport, Inc. and Darlin Rodriguez, for injuries arising from a motor vehicle collision. As against Round Trip Transport, Inc., Plaintiff alleges Defendant was negligent in allowing Rodriguez to drive its vehicle while she was intoxicated. 2. Motion for Summary Judgment a. Moving Argument Defendant Round Trip Transport, Inc., only, moves for summary judgment, on the ground they did not know, or have reason to know, of...
2019.2.19 Motion for Terminating Sanctions 873
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.19
Excerpt: ...Plaintiff never responded. On 12/19/18, the Court granted Defendant's motion to compel responses to the foregoing discovery, without objections. The Court also imposed monetary sanctions. 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 terminati...
2019.2.19 Motion to Quash Subpoenas, Request for Monetary Sanctions 886
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.19
Excerpt: ...ulos on August 16, 2018, for motor vehicle negligence. On December 3, 2018, Defendant served deposition subpoenas on five of Plaintiff's former employers, six of his medical providers, an insurance company, his high school, community college, and university, and the DMV, seeking in the broadest possible terms all employment, medical, school, and driving records about Plaintiff. (Roven Decl., Exh. 1.) These subpoenas are in no way limited in time ...
2019.2.19 Request for Monetary and Evidentiary Sanctions 656
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.19
Excerpt: ...nged expert witness lists, and the Montgomery Defendants noticed the deposition of Plaintiff's expert, Joseph M. Lavi, M.D., for August 24, 2018. The notice of deposition included a demand for production of various documents, including Lavi's “entire file” related to Plaintiff. When Plaintiff failed to produce documents at least three days prior to the deposition, Defendants continued the deposition to September 12, 2018. On August 31, 2018, ...
2019.2.15 Motion to Strike Complaint 530
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.15
Excerpt: ...inst Defendant Phillip F. Arrington Jr. On January 22, 2019, Defendant filed the instant motion to strike the complaint. No opposition has been filed. II. Legal Standard The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436(a).) The court may also strike all or any part of any pleading not drawn or filed in...
2019.2.15 Motion to Enforce Settlement 965
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.15
Excerpt: ...izthak Aboukrat, Ellen Aboukrat and E Z Deals. Plaintiff alleges Yizthak came into Plaintiff's place of business and attacked him, breaking his nose. Yizthak filed a cross-complaint against Plaintiff for assault and battery on March 20, 2018. On August 7, 2018, the parties filed a notice of settlement. On January 4, 2019, Plaintiff filed the instant motion to enforce the terms of the settlement agreement under CCP § 664.6. On February 5, 2019, D...
2019.2.15 Motion for Summary Judgment 773
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.15
Excerpt: ... residence, which is located at the Pueblo Del Rio housing complex. The Housing Authority for the City of Los Angeles owns and operates the complex. 2. Motion for Summary Judgment a. Moving Argument HACLA moves for summary judgment on the grounds that it did not have actual or constructive notice of a dangerous condition. b. Dangerous Condition A “dangerous condition” is a condition of public property that creates a substantial risk of injury...
2019.2.15 Motion for Leave to File Amended Complaint 882
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.15
Excerpt: ... § 473.) A motion to amend a pleading before trial must be accompanied by a separate declaration that must specify (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made earlier. (CRC Rule 3.1324(b).) It is not an abuse of discretion of the court to grant the motion unless there is a �...
2019.2.14 Demurrer 897
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.14
Excerpt: ... second cause of action. I. Background Facts On October 11, 2017, Plaintiff Steven Hickerson (“Plaintiff”) filed a complaint against Defendants City of Long Beach; County of Los Angeles; State of California; and Does 1 to 50 for (1) premises liability, and (2) general negligence. Plaintiff alleges he sustained injuries when he stepped and fell into a pothole while crossing the street owned, maintained, repaired, managed and/or controlled by D...
2019.2.13 Motion to Compel Sanctions 028
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.13
Excerpt: ...d two by Defendant. Plaintiffs move to compel deposition of Defendant's Person Most Qualified (“PMQ”) on evidence preservation. Defendant seeks to compel the depositions of Plaintiffs Maria Escobar and Claudia Escobar. A. Plaintiffs' Motion Plaintiffs move to compel deposition of Defendant's PMQ regarding Defendant's efforts to preserve evidence. Plaintiffs' concern is the existence of potential video footage of the golf cart incident. On 4/1...
2019.2.13 Motion to Compel Deposition, Production of Docs, for Terminating Sanctions 219
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.13
Excerpt: ... February 13, 2019 Defendant noticed Plaintiff's deposition for 8/28/18. Plaintiff failed to appear. On 9/25/18, Defense Counsel wrote to Plaintiff to attempt to reschedule the deposition; Plaintiff did not respond. At this time, Defendant moves to compel Plaintiff's deposition, to compel production of documents at deposition, and seeks to recover sanctions. Defendant also makes an alternative motion for terminating sanctions. The motion to compe...
2019.2.11 Motion to Quash 837
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.11
Excerpt: ...im for damages arising out of a bus v. van accident. Plaintiff filed her complaint on 11/09/17. On 9/21/18, Plaintiff filed an incorrect name amendment, pursuant to which she changed “Sonika Lafaye” to “Sonika Lafaye Flournoy.” Plaintiff did not file proof of service of the summons and complaint on Lafaye. On 11/02/18, Defendants filed this motion to quash. They contend service of the summons and complaint on Sonika Lafaye should be quash...
2019.2.8 Motion for Summary Judgment, OSC Re Sanctions 113
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.8
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...
2019.2.8 Demurrer, Motion to Strike 789
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.8
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; ...
2019.2.7 Motion for Summary Judgment 605
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.7
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...
2019.2.5 Motion to be Relieved as Counsel 775
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.5
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...
2019.2.5 Petition to Approve Compromise of Minor 756
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.5
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 ...
2019.2.4 Motion to Compel Deposition, for Sanctions 134
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.4
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 ...
2019.2.1 Motion for Reimbursement 978
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.2.1
Excerpt: ...ept a Notice of Deposition for Plaintiff's wife, Soo Min Lee, and to represent her at her deposition. On 9/17/18, Defendant noticed Lee's deposition for 11/16/18. The attorneys confirmed the deposition on 11/14/18, and Lee indicated she needs a Korean interpreter. The day before the deposition, Plaintiff's attorney asked if the deposition could go forward at an earlier time (it was scheduled for ten a.m.), as he had a last-minute mediation arise ...
2019.1.31 Motion for Summary Judgment 231
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.1.31
Excerpt: ...s cosmetic surgery procedures. 2. Motion for Summary Judgment a. Initial Note re: Continuance The Court was originally scheduled to hear this motion on 12/27/18. Prior to the hearing, the Court issued a tentative ruling granting the motion on the ground that Plaintiff's expert declaration failed to raise triable issues of material fact. At the conclusion of the hearing, the Court continued the hearing to permit Plaintiff to submit a supplemental ...
2019.1.31 Motion for Clarification or Reconsideration 608
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.1.31
Excerpt: .... Plaintiff alleges he was injured when his motorcycle came into contact with a pothole. 2. Prior Hearing on Motion for Summary Judgment On 11/26/19, the Court issued an order denying the County's motion for summary judgment. The Court held the County did not meet its moving burden to show it lacked actual notice of the pothole that formed the basis of the lawsuit and that it did not create the condition. 3. Motion for Clarification or Reconsider...
2019.1.30 Petition to Approve Compromises of Minors 732
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.1.30
Excerpt: ...n automobile accident. Jasmine and Juliette are minors, and they are appearing through their father and GAL, Rigoberto Carranza. Jazmine suffered a right leg fracture and various soft tissue injuries as a result of the accident. Juliette suffered only soft tissue injuries as a result of the accident. Both minor plaintiffs have recovered completely from their injuries at this time. Unfortunately, Plaintiffs' mother, Mendez, suffered serious and pe...
2019.1.30 Demurrer, Motion to Strike 941
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.1.30
Excerpt: ...to amend. I. Background Facts Plaintiff Jude Akubuilo (“Plaintiff”) alleges that on or about April 9, 2015, Plaintiff tripped on a crack on a city basketball court and fell; sustaining injuries as a result of the alleged fall. On August 8, 2016, Plaintiff filed a Claim for Damages pursuant to Government Code §911.2 against Defendant City of Rancho Palos Verdes (“the City.”) On September 22, 2016, the Claim was deemed rejected by operatio...
2019.1.29 Motion to Compel Further Responses, Request for Sanctions 097
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.1.29
Excerpt: ...rian accident. Plaintiff propounded RPDs on Defendants, and despite the parties' meet and confer efforts, including an informal discovery conference, the parties have been unable to resolve the issue of whether Defendants' response to RPD 7 is sufficient. RPD 7 (erroneously cited as RPD 1 and/or 2 in opposing separate statement) seeks: REQUEST FOR PRODUCTION OF DOCUMENTS NO. 7: All and all photographs and video tapes relating to any place, object...
2019.1.29 Motion to Compel Deposition 563
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.1.29
Excerpt: ...tomobile accident. Plaintiffs are the parents of Aaron Medina-Becerril, who passed away as a result of injuries sustained in the accident. Defendants seek leave of court to take Plaintiff, Ernesto Fuentes's deposition. Fuentes is currently incarcerated at Federal Correctional Institution No. 2, 13777 Air Base Road, Victorville, CA 92394. CCP §§1995, 1996, and 1997 govern depositions of incarcerated persons. They provide, in pertinent part: §19...
2019.1.29 Motion for Terminating Sanctions 156
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.1.29
Excerpt: ...tiff to serve responses within ten 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 terminating sanctions is appropriate without first imposing issue and/or evident...
2019.1.29 Motion Bifurcate 038
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.1.29
Excerpt: ...ers that the bifurcation briefing be included in the trial binders in Tab B along with any motions in limine filed in the case. The Court recognizes that CRC Rule 3.57(c) states, “A motion in limine may not be used for the purpose of seeking an order to try an issue before the trial of another issue or issues,” and thus this order should not be construed in a way that contradicts this rule. Defendant may direct the trial court to this order, ...
2019.1.28 Motion for Terminating Sanctions 876
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.1.28
Excerpt: ...f to serve responses within ten days and to pay sanctions. 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 terminating sanctions is appropriate without first imposing is...
2019.1.28 Motion for Judgment on the Pleadings with Leave to Amend 783
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.1.28
Excerpt: ...d while Plaintiff was a trainee at Defendant's facility. Plaintiff alleges a patient became unruly and started kicking Plaintiff. Plaintiff alleges Defendant is liable for the incident because Defendant failed to adequately supervise Plaintiff in connection with the incident. The complaint incudes causes of action for general negligence and premises liability. Plaintiff filed his complaint on 11/08/17. Defendant filed an answer on 2/07/18. There ...
2019.1.25 Motions to Compel Responses 110
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.1.25
Excerpt: ...(statement of damages). Defendants granted multiple extensions of time to respond and also attempted to meet and confer on multiple occasions, but no responses have been served. At this time, Defendants move to compel responses to the outstanding interrogatories and RPDs, move to compel a response to the request for a statement of damages, and seek imposition of sanctions. The motions to compel are conditionally granted. The Court notes that only...
2019.1.23 Demurrer 086
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2019.1.23
Excerpt: ... per, filed a Judicial Council form complaint against Defendants Los Angeles County Metropolitan Transportation Authority (“Metro”) and Cassandra Scott-Carl Warren & Company TPA for Metro (“Scott'), alleging causes of action for motor vehicle and general negligence. On February 14, 2018, the Court sustained a demurrer to the complaint by Metro with 30 days' leave to amend. The Court also sustained a demurrer to the complaint by Scott withou...
2018.8.14 Demurrer 184
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.14
Excerpt: ... 2018, plaintiff Isabel Lopez Hernandez (“Plaintiff”) filed this action against City of Los Angeles (“City”), Samuel Martin and Does 1 through 50 alleging causes of action for (1) motor vehicle and general negligence. On May 23, 2018, Plaintiff filed a first amended complaint (“FAC”). The first cause of action alleges the City and Samuel Martin operated, owned, employed the person who operated, and entrusted the vehicle and were the a...
2018.8.14 Motion to Compel Deposition, for Sanctions 865
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.14
Excerpt: ...ating she was not available on the unilaterally selected date; the objection also included objections to some of the four categories of documents demanded in the notice of deposition. On 6/11/18, 6/15/18, 6/20/18, 6/22/18, and 7/10/18, Plaintiff attempted to meet and confer to ask for deposition dates. Defendant corresponded on 6/21/18 and 7/12/18, both times indicating an intention to provide dates, but never actually providing dates. On 7/16/18...
2018.8.14 Motion to Dismiss 556
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.14
Excerpt: ... filed a cross-complaint against Arctic and Union Ice. On 7/27/12, Arctic and Union Ice filed a Notice of Stay of Proceedings because they had commenced bankruptcy proceedings. On 6/06/13, Plaintiff dismissed Arctic; she has not, to date, dismissed Union Ice. None of the cross-complaints have been dismissed. 2. Motion to Dismiss a. Initial Note Defendant originally scheduled this motion to be heard on 4/24/18. The Court issued a detailed tentativ...
2018.8.13 Demurrer 389
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.13
Excerpt: ... 1 through 20 alleging causes of action for motor vehicle and general negligence. The complaint alleges that on January 22, 2016, at State Route 91 near Pioneer Blvd. Artesia, California, the defendants negligently owned, operated, maintained, entrusted and drove a vehicle thereby causing special and general damages to Cowan. (Complaint pp.4-5.) On July 3, 2018, Gaspar filed a demurrer to the complaint on the ground that it is barred by the doctr...
2018.8.13 Motion to Contest Good Faith Settlement 298
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.13
Excerpt: ...ing out of a two-vehicle accident. Plaintiff was a passenger in a vehicle driven by Abdi and owned by Taxi when the vehicle collided with a vehicle driven by Cua. Abdi is in default. Taxi argues the accident was caused mostly by Cua failing to yield the right of way. Cua argues Abdi contributed to the accident by driving well in excess of the speed limit, and also argues Plaintiff contributed to his own injuries by failing to wear a seat belt. 2....
2018.8.13 Demurrer 582
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.13
Excerpt: ...be amended to state a viable claim against Allstate Insurance Company. I. Background Facts On April 4, 2018, plaintiff Kathy Sakuma Fukumoto (“Plaintiff”), in pro per, filed a form complaint against defendants Yan Cheng (“Cheng”), Allstate Insurance Company (“Allstate”) and Does 1 to 10 alleging a single cause of action for motor vehicle negligence. The complaint alleges that on April 5, 2016, when Plaintiff was stopped at a red light...
2018.8.10 Motion to Compel Depositions 686
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.10
Excerpt: ...iff has not filed Doe Amendments naming Teri Yoshitake, M.D. and/or Jennifer Guerra, P.A. as defendants in the action. She did, however, file proof of service of the summons and complaint on Yoshitake and Guerra on 6/15/18, showing they were served by substitute service on 5/15/18. In May and June 2018 Plaintiff's Counsel sent faxes to Defendants' Counsel inquiring about depo dates for the deponents involved in this motion. Defense Counsel replie...
2018.8.10 Motion to Tax Costs 798
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.10
Excerpt: ...s condition in her apartment. Specifically, Plaintiff alleges she tripped and fell due to a nail sticking out of a transition strip on the floor separating her entryway from her living room. Plaintiff brought suit for premises liability and negligence. On 3/13/18, the Court heard and granted Defendants' motion for summary judgment on the ground that Defendants lacked notice of the nail protruding from the transition strip in the apartment. On 5/2...
2018.8.10 Motion to Strike 874
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.10
Excerpt: ... moves to strike the prayer for punitive damages and related supporting allegations. Plaintiff bases the prayer for punitive damages on the allegation that Defendant, at the time of the accident, was using a cell phone without a hands-free device. Civil Code §3294 authorizes the recovery of punitive damages in non-contract cases “where the defendant has been guilty of oppression, fraud, or malice, express or implied . . . .” “Malice” is ...
2018.8.8 Motion to Transfer Venue 222
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.8
Excerpt: ...angerous condition on Defendant's property. Plaintiff filed his complaint on 4/02/18. The complaint alleges that the injury occurred on Disney's property in Anaheim, but alleges, “Plaintiff is informed and believes, and thereon alleges, that defendant' Walt Disney Parks And Resorts US, Inc. (hereinafter “Disney”) at all times relevant was a. corporation with its corporate office in California at 500 South Buena Vista Street, Burbank, Califo...
2018.8.8 Motion to Reopen Discovery 500
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.8
Excerpt: ...same body parts at issue in this action, and (b) Defendants recently learned that, despite their prior belief to the contrary, Plaintiff had not sat for an IME. The Court denied the application, finding lack of irreparable harm, and noting Defendants' lack of diligence concerning the IME. On 7/02/18, Defendants filed an ex parte application to continue the trial on the ground that their defense expert was not available for the 7/30/18 trial date....
2018.8.8 Motion to Compel Deposition 973
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.8
Excerpt: ...LC and Anschutz Entertainment Group, Inc. as Does 1 and 2, respectively. The AEG Defendants noticed Plaintiff's deposition on 4/16/18, setting her deposition for 6/07/18. Plaintiff served an objection on 5/30/18, indicating she was not available on the unilaterally selected date. The parties met and conferred, and Plaintiff indicated that neither she nor her attorney was available in June or July, and she would be out of the country in August and...
2018.8.8 Motion to Compel Deposition 377
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.8
Excerpt: ...terprises, Inc., erroneously sued as South Bay Galleria, noticed Plaintiff's deposition on 10/27/17, setting her deposition for 12/18/17. This date was unavailable (it is not clear to whom), and Defendant served an additional notice of deposition on 3/12/18, setting the deposition for 5/08/18. On 5/07/18, Plaintiff's attorney called to indicate Plaintiff would not be available the next day. The parties discussed alternative dates, but the issue w...
2018.8.7 Motion to Vacate Default 305
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.7
Excerpt: ...4/20/18; each POS shows service via substitute service on John Doe, co-occupant, with the papers mailed thereafter. A declaration of diligence is attached. On 6/12/17, at Plaintiff's request, the Clerk entered Defendants' defaults. On 6/14/17, Defendants filed an answer, which was not rejected by the Clerk. On 7/06/18, Defendants filed the instant motion to set aside the defaults entered against them. The motion presents a very unique set of fact...
2018.8.7 Motion to Strike 392
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.7
Excerpt: ...ntrustment; it was filed on 8/10/17. On 2/28/18, the Court granted Plaintiff's unopposed motion for leave to add a cause of action for gross negligence and a prayer for punitive damages; the Court expressly noted that it was not determining the propriety of the cause of action or the prayer for damages by way of the motion. The currently operative complaint is the Second Amended Complaint, which includes a prayer for punitive damages premised on ...
2018.8.7 Demurrer 603
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.7
Excerpt: ... Courtney Reimer (“Plaintiff”) filed this action against Las Virgenes School District (“District”), City of Calabasas (“City”) and Does 1 through 50 alleging causes of action for (1) Dangerous Condition of Public Property against District, (2) Dangerous Condition of Public Property against City and (3) Negligence against all defendants. The complaint in relevant part alleges the following: 1) On January 19, 2017, Plaintiff was struck ...
2018.8.7 Motion for Summary Judgment 195
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.7
Excerpt: ...ery and post-surgical care on 12/23/16. 2. Motion for Summary Judgment At this time, Defendant moves for summary judgment on the complaint, contending its nursing and non-physician staff complied with the standard of care at all times and nothing the nursing or non- physician staff did caused or contributed to Plaintiff's claimed damages. a. Allegations of the Complaint At ¶¶1-11 of page 6 of Plaintiff's complaint, attached as Exhibit A to the ...
2018.8.7 Motion to Strike 346
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.7
Excerpt: ... defective gym mats. Plaintiff sustained severe and permanent injuries as a result of the fall. Plaintiff's complaint includes a prayer for punitive damages and related allegations against Defendant. Specifically, Plaintiff alleges Defendant knew its mats were defective and not safe for use, but chose not to replace them. At this time, Defendant moves to strike the prayer for punitive damages and the related allegations from the complaint. It mov...
2018.8.7 Motion to Vacate Default 013
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.7
Excerpt: ...n 8/30/16, Plaintiff filed an incorrect name amendment to the complaint, naming the second defendant as illi Commerical Real Estate, which defendant Plaintiff subsequently dismissed. On 12/07/17, Plaintiff filed an application to publish service of the summons and complaint on Chi H. Co Chiang, in his capacity as trustee of the Chiang Family Trust. The application was accompanied by Plaintiff's attorney's declaration, wherein he detailed the nume...
2018.8.6 Motion to Compel Deposition, Request for Sanctions 767
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.6
Excerpt: .../25/18, Defendant sent a meet and confer letter asking for deposition dates by 6/01/18. On 7/03/18, having not received a response, Defendants filed this motion to compel Plaintiff' attendance at deposition. The motion to compel is granted. CCP §2025.450(a) provides: (a) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that i...
2018.8.6 Motion to Compel Further Responses 630
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.6
Excerpt: ...interrogatories, and form interrogatories on Defendant. Defendant asserted only objections to each and every discovery question posed. Plaintiff attempted to meet and confer, and scheduled an informal discovery conference for 7/11/18. Both parties appeared, through their attorneys, at the conference; the issues, unfortunately, were not resolved. On calendar today is Plaintiff's motion to compel Defendant to provide further responses to the form a...
2018.8.6 Motion to Remove Medical Lien 295
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.6
Excerpt: ... the notice of motion, declarations of Hebron, Ribeiro, and Almaguer, and the points and authorities concurrently filed. The motion is denied without prejudice for three reasons. First, there are no points and authorities with the moving papers. CRC 3.1113 requires a memorandum in support of a motion for relief; absent a memorandum, the Court lacks any authorities upon which it can grant the relief sought. Second, the proof of service of the movi...
2018.8.3 Motion to Set Aside Dismissal 823
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.3
Excerpt: ...ed his complaint 8/16/16. Plaintiff filed proof of service of the summons and complaint on Defendants. Plaintiff sought entry of default against them on 12/29/17, but the Clerk rejected the request as premature. The case was scheduled for an FSC on 1/30/18 and trial on 2/16/18. Plaintiff did not appear at the FSC or the trial, and on 2/16/18, the Court dismissed the case. 2. Motion to Set Aside Dismissal On 7/10/18, Plaintiff filed the instant mo...
2018.8.3 Motion to Impose Additional Monetary Sanctions 094
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.3
Excerpt: ...responses. Defendants seek an order requiring Plaintiffs to pay additional sanctions at this time. Defendants' motion is denied. Sanctions orders are enforceable as money judgments unless the court orders otherwise. Thus, the remedy to enforce payment of monetary sanctions is to obtain and levy a writ of execution on assets of the debtor. Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615. Notably, issue and/or evidentiary sanctions are ava...
2018.8.3 Motion to Modify Subpoenas 955
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.3
Excerpt: ...urred on 4/07/16. Plaintiff's complaint includes a sole cause of action for motor vehicle negligence, and seeks to hold Defendant liable for (a) operation of a motor vehicle, (b) employment of persons (c) operating the vehicle, (d) ownership of the vehicle, (e) entrustment of the vehicle, and (f) “other reasons.” On 1/20/17, the Court granted Defendant's motion to strike the portions of the complaint seeking damages for entrustment of the veh...
2018.8.2 Motion for Summary Judgment, Adjudication 829
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.2
Excerpt: ...ip and fall on a public sidewalk adjacent to Mukssood's property. Plaintiff was a tenant at the property at the time she fell. Plaintiff's judicial council form complaint contains scant details concerning the cause of the fall or the fall itself, merely alleging that a defect on the City's sidewalk near the Mukssood defendants' property caused her to fall, and Defendants were responsible in some way for the defect. 2. Motion for Summary Judgment ...
2018.8.2 Motion to Compel Mental Exam 097
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.2
Excerpt: ...P §2032.310(a) requires a party who wishes to conduct a mental health examination to obtain leave of court prior to doing so. The noticed motion must show good cause for the examination. Plaintiff concedes, in opposition to the motion, that a mental examination is proper; of note, Plaintiff concedes she seeks damages for emotional distress including adjustment disorder, depression, anxiety, nightmares/flashback, and memory/concentration deficien...
2018.8.1 Motion for Summary Judgment 951
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.1
Excerpt: ... fall. Plaintiff alleges Defendants failed to properly inspect and maintain the floor, causing Plaintiff to slip on grapes on the floor. The complaint asserts causes of action for 1) negligence and 2) premises liability. Defendant Food 4 Less brings this opposed motion for summary judgment against Plaintiff. SUMMARY JUDGMENT STANDARD Summary judgment is proper “if all the papers submitted show that there is no triable issue as to any material f...
2018.8.1 Motion for Judgment on the Pleadings 528
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.8.1
Excerpt: ...ntiff Simon Seo (“Plaintiff”) filed his Complaint against defendant Pacific Land Builders, Inc. (“Defendant”), alleging causes of action for (1) Negligence and (2) Negligence Per Se. On December 6, 2016, Plaintiff filed an amendment to the Complaint substituting defendant Home of Christians, Los Angeles, Inc. for Doe 1 wherever it appears in the Complaint. Plaintiff alleges that, on September 4, 2014, he was injured when an air conditioni...
2018.7.31 Petition to Approve Compromise of Minor 496
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.7.31
Excerpt: ...e. Plaintiff, Kaela Khosrand-Mashhadi, a minor by and through her GAL, Jennifer M. Simon, filed this action against Defendants for damages arising out of an automobile accident. Plaintiff sustained neck and back injuries, and subsequently ruptured her appendix. Plaintiff has recovered completely from the injuries as a result of the accident. Plaintiff, by and through her GAL and attorney, has agreed to settle his action with Defendants for the to...
2018.7.31 Motion to Vacate Dismissal, Restore Case to Active Civil Case List 867
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.7.31
Excerpt: ... to recover personal injury damages arising from a two-vehicle collision. On May 24, 2018, the Court dismissed without prejudice the complaint due to Counsel's failure to submit Default Judgment after several continuances. Plaintiff brings this unopposed motion to vacate dismissal based on attorney's mistake or negligence. LEGAL STANDARD Code of Civil Procedure section 473, subdivision (b) states, in part: The court shall, whenever an application...
2018.7.31 Motion to Strike 635
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.7.31
Excerpt: ...s filed motions to strike portions of Plaintiff's complaint. On 5/16/18, Plaintiff filed opposition to the motions. On 6/01/18, the Court continued the hearing on the motion to strike to require the parties to meet and confer, as they had failed to do so prior to the original hearing on the motion. 2. Hearing on Continued Motion to Strike At this time, the sole issue remaining between the parties is whether Plaintiff's prayer for punitive damages...
2018.7.31 Motion to Strike 023
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.7.31
Excerpt: ...strikes paragraph 3 (page 5, line 13) of the prayer for relief of the complaint wherein Plaintiff prays for “prejudgment and”. Defendant shall file an answer within 15 days. On February 20, 2018, plaintiff Armando Camarena (“Plaintiff”) filed a complaint against defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) consisting of one cause of action for personal injuries sustained based on violation of Govern...
2018.7.31 Motion to Quash Subpoena 972
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.7.31
Excerpt: ...ng from an accident with a sharp, knife-like cutting device. Plaintiff alleges Han, an employee of Do Best America, instructed him to retrieve an equipment from storage without notifying Plaintiff that the equipment was to be handled with extreme care. Plaintiff alleges he sustained sharp lacerations to his left hand, specifically, the index finger, middle finger, ring finger, and small finger. Plaintiff alleges 1) negligence, 2) failure to secur...
2018.7.31 Motion to Compel Production of Docs 855
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.7.31
Excerpt: ...ents on Defendant on January 5, 2018. Defendant served verified responses on February 8, 2018, objecting to Request No. 8 on grounds that the request violates the attorney/client and/or attorney work product doctrine and is overbroad in scope and time. The parties engaged in an Informal Discovery Conference on May 1, 2018, but were unable to resolve the issues. Plaintiff subsequently filed this motion to compel on June 13, 2018. The Court notes t...
2018.7.31 Demurrer, Motion to Strike 569
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.7.31
Excerpt: ...motional Distress is SUSTAINED with fifteen days' leave to amend. The Motion to Strike the third cause of action is MOOT. The motion to strike the allegations of and the prayer for economic losses as to plaintiff Shulamit Abezis is GRANTED without leave to amend. I. Background On April 25, 2018, plaintiffs Salomon Abezis and Shulamit Abezis (jointly “Plaintiffs”) filed this action against defendants Providence Tarzana Medical Center, Tarzana ...
2018.7.31 Demurrer 224
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.7.31
Excerpt: ...amend is granted. I. Background On February 23, 2018, plaintiff Marilyn Hernandez (“Plaintiff”) filed this action against Sepi Fatahi D.D.S. (“Fatahi”), Children's Dental Funzone (“Funzone”) and Does 1 through 10 alleging medical negligence. The complaint in relevant part alleges the following: 1) On February 26, 2016, the defendants negligently provided Plaintiff with dental care and treatment. (Complaint ¶ 1); 2) During the dental ...
2018.7.30 Motion to Continue Trial 747
Location: Los Angeles
Judge: Gross, Marc D
Hearing Date: 2018.7.30
Excerpt: ..., Defendant moves to continue trial. Defendant provides evidence that Plaintiff was dilatory in responding to discovery, and Plaintiff only recently revealed that she is seeking to recover for neurological injuries in connection with the accident. The Court finds Defendant made an adequate showing that additional time to prepare for trial is necessary in light of this tardy discovery is necessary. Of note, the trial has been continued twice previ...

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