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: ...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: ...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: ...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: ...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: ...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: .... 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: ...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: ... 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: ... 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: ...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: ...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: .... 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: ...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�...

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...

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...

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 ...

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...

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...

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...

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...

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...

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...

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 ...

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...

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...

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...

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 ...

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, ...

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...

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...

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...

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 �...

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...

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...

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...

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...

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 ...

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 ...