Excerpt: ...nay”), Mayra Molina (“Mayra”) and Does 1 to 10 alleging (1) motor vehicle negligence against both Adonay and Mayra, (2) general negligence against Adonay and (3) general negligence against Mayra. The complaint alleges that on July 9, 2017, Adonay negligently operated a motor vehicle thereby causing a collision with Plaintiff's vehicle. (Complaint p. 4 MV-1, MV-2 and p.5 GN-1.) The complaint also alleges that Mayra owned the vehicle that Ado...

Excerpt: ...rough his guardian ad litem Andrea Velekei, and Andrea Velekei as the administrator of the Estate of Chad Holloway, (jointly “Plaintiffs”) filed a complaint against defendants Maruichi American Corporation (“Maruichi”) and Does 1 to 100. On January 30, 2018, Plaintiffs filed a first amended complaint (“FAC”) alleging causes of action for negligence and wrongful death. The FAC includes a prayer for punitive damages. The FAC in relevant...

Excerpt: ...otions to compel responses to the outstanding discovery, and also imposing sanctions; the Court ordered Plaintiff to serve verified 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 ...

Excerpt: ...the POS shows Plaintiff's registered process server served Defendant, via substitute service on “John Doe, Co-Occupant,” on 3/06/18 at her residence located at 3755 Delmas Ter Apt 101, LA, CA 90034. Defendant moves to quash service of the summons and complaint, contending she did not reside at the address where she was purportedly served. The motion is denied for two reasons. First, as Plaintiff correctly notes in opposition to the motion, a ...

Excerpt: ...gainst Respondent, Mahammadreza Yazdi, D.D.S. The parties completed arbitration proceedings on 11/17/17. The arbitrator issued an initial award on 12/26/17 and a final award on 2/01/18. The final award is in favor of Petitioner and against Respondent, in the total sum of $132,773.29, inclusive of costs of suit. At this time, Petitioner moves to confirm the arbitration award. Conversely, Respondent moves to vacate the award. 2. Law Governing Confi...

Excerpt: ...m unlimited to limited jurisdiction court, contending Plaintiff will not recover damages in excess of the jurisdictional limit in this case. Defendant argues Plaintiff's medical bills are less than $3000 and his lost earnings claim is not substantiated and, in any event, is for just over $5000. Defendant argues that, even with pain and suffering, emotional distress, and/or punitive damages, the total value of the case cannot exceed $25,000. Plain...

Excerpt: ...intiff has not, to date, filed proof of service of the summons and complaint on Defendants. The case was scheduled for an FSC on 10/06/17 and trial on 10/23/17. Plaintiff did not appear at the FSC or the trial, and on 10/23/17, the Court dismissed the case. 2. Motion to Set Aside Dismissal On 4/20/18, Plaintiff filed the instant motion to set aside the dismissal. Plaintiff argues the failure to appear at trial was the result of Counsel's neglect....

Excerpt: ... parties have stipulated twice to continue the trial date, and trial is currently scheduled for 5/30/18. At this time, Defendant moves to continue the trial date for four months, from 5/30/18 to 10/01/18. Of note, all parties to the action agree to the requested continuance. Defendant indicates the reasons for the requested continuance include the facts that (a) Defendant's lead trial attorney has taken an unexpected leave of absence for medical ...

Excerpt: ...(“Plaintiff”), filed a complaint against defendants Alco Holding Co (“Alco”), Alcoinvest LLC (“Alcoinvest”), New Era Investments LLC (“New Era”) and Does 1 to 100 alleging causes of action for general negligence and premises liability. The complaint alleges that on February 11, 2015, while lawfully on the defendants' premises, Plaintiff was injured when a sliding gate located at the premises crushed Plaintiff's hand. (Complaint p....

Excerpt: ...n November 2, 2017, plaintiff Eli Elkis, a minor by and through his Guardian Ad Litem Avi Elkiss (“Plaintiff”), filed a complaint against defendants Emek Hebrew Day School (“Emek”), Teichman Family Charitable Foundation, Sol Teichman, Sinanian Development Inc, Jack Hollander & Associates and Does 1 to 100 alleging causes of action for general negligence and premises liability-negligence per se. On March 8, 2018, Plaintiff field a first am...

Excerpt: ...ing discovery, and also imposing sanctions; the Court ordered Defendants to serve verified responses within ten days. To date, Defendants have not complied with the order; at this time, Plaintiff seeks an order imposing terminating sanctions and striking Defendants' answers. 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 ci...

Excerpt: ...efendants' care and treatment of Rhonda Wafa during her labor and delivery of Austin Wafa. The alleged negligence occurred on 1/17/16. Plaintiffs filed their complaint on 1/13/17. The case is currently set for trial on 7/13/18, which is the original trial date set in the action. At this time, Plaintiffs move to continue the trial in the action. Plaintiffs provide evidence that Austin Wafa's neurological condition cannot be fully evaluated until h...

Excerpt: ...work for Defendants and fell off of their ladder. Plaintiffs filed their complaint, through attorney Khuong D. Nguyen, on 11/30/16. Defendants answered on 1/05/17. On 3/13/18, Plaintiffs' former attorney filed a Notice of Settlement of Entire Case. On 3/19/18, the Court issued an OSC re: dismissal in light of the notice of settlement; the OSC was set for 6/13/18. The Court also vacated all hearing dates and the trial date in the action. On 3/28/1...

Excerpt: ...nsurance in place to cover the injury. Plaintiff filed his complaint on 5/02/17. On 3/22/18, Plaintiff filed an application for publication of the summons and complaint, on the ground that Defendant was evading service. The same date, a request for dismissal form was filed, which bears Plaintiff's attorney's signature. At this time, Plaintiff moves for an order vacating the dismissal. Plaintiff's attorney declares that he did not prepare or file ...

Excerpt: ...action from unlimited to limited jurisdiction court, contending Plaintiff will not recover damages in excess of the jurisdictional limit in this case. Defendants provide evidence Plaintiff's only submitted medical bills are for a chiropractor, and they total $5990. Defendants also provide evidence that Plaintiff has testified she has no ongoing medical concerns at this time. Further, Defendants establish lost wages and property damages are not at...

Excerpt: ...efendants, 8630 Sunset Plaza, LLC dba Avenue 31 and Stefano Frittella (collectively “Avenue 31”) on 3/21/17. On 5/09/17, Defendants filed proof of service of the cross- complaint, and 7/06/17, the Clerk entered Cross-Defendants' defaults. a. Deposition in Los Angeles Plaintiff resides outside of Chicago. Plaintiff was injured in Los Angeles when she was visiting her son, who resides here. All parties agree that, in late January and early Febr...

Excerpt: ...swer on 5/20/16. The original trial date was 7/28/17. The parties agreed to continue trial and the discovery cut-off twice before they exchanged expert designations. They exchanged expert designations on 9/20/17. Subsequent to the expert designation exchange, the parties twice obtained court orders continuing the trial date. Each order included an order that the discovery cut-off is tied to the new trial date. On 4/03/18, Plaintiff served a new e...

Excerpt: ...three people. Plaintiffs filed their complaint on 11/03/17. 2. Motion to Transfer Venue At this time, Honda moves to transfer venue to Stanislaus County, contending the accident took place in Stanislaus County. Honda contends Stanislaus County is the most convenient forum for the action. Plaintiffs oppose the motion, arguing (a) it is not timely, (b) Defendant failed to show witnesses will be inconvenienced if the motion is not granted, (c) the �...

Excerpt: ...f's ongoing failure to communicate renders continued representation impossible. The declaration in support of the motion indicates that Client's address is “current” because it was the address given to Counsel by Client. There is no indication of when Client gave Counsel this address, or how the address was given. Notably, the case has been open since 1/30/17; if this was the address given to Counsel at the outset of the case, then the addres...

Excerpt: ... Plaintiff to serve verified 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...

Excerpt: ...mplaint against Brian Lake Bostnick for indemnification and related claims. Bostnick was the driver of the car in which Plaintiff was a passenger at the time of the accident, and Defendants believe Bostnick is at fault, in whole or in part, for the accident. A cross‐complaint against any of the parties who filed the initial complaint or cross‐complaint against the cross‐complainant must be filed before or at the same time as the answer to t...

Excerpt: ...t”), Sears Holding Corporation (“Sears”) and Does 1 to 2 alleging a cause of action for premises liability. The complaint alleges that on September 16, 2017, Plaintiff slipped and fell while on Kmart's premises. (Complaint p. 4 Prem.L‐1.) On April 2, 2018, Kmart demurrer to the complaint. Notably, while the Court's website reflects that the demurrer was filed on April 2, 2018, the demurrer papers have a filing stamp of March 29, 2018. Pla...

Excerpt: ... Corporation for damages arising out of a slip and fall. Plaintiff filed the action on 12/21/17. On 1/02/18 and 2/08/18, she filed doe amendments, naming Westfield U.S. Holdings, LLC and Valencia Town Center Venture, LP, respectively. On 4/16/18, she filed two additional doe amendments, re‐naming Westfield LLC and Westfield Corporation, both of whom she had dismissed on 2/13/18, as does three and four. On 2/22/18, Defendants noticed Plaintiff's...

Excerpt: ...int can be amended to state a viable claim for negligent undertaking. I. Background Facts On August 23, 2017, plaintiffs Marie Elissa Malahi, Matan Anel Malahi and Adrielle Malahi by and through her guardian ad litem Marie Elissa Malahi (collectively “Plaintiffs”), filed a complaint against defendants Montage Hotels & Resorts LLC (“Montage”), Sue Young Sohn (“Sohn”), the Estate of Tony Sun Jae Jung (“Jung”) and Does 1 to 100 stemm...

Excerpt: ...gligence, and failure to fulfill mandatory duties. 2. Motion for Summary Judgment At this time, Defendant moves for summary judgment on the complaint, contending (a) the condition was not dangerous as a matter of law, and (b) the cause of action for general negligence cannot be stated against a public entity, and (c) Streets and Highways Code §§5611 and 5615 do not create a basis for liability against a public entity. a. Initial Note Plaintiff ...