Excerpt: ... compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Defendants' motions are granted. Plaintiff is ordered to serve verified responses to form interrogatories, special interrogatories, and RPDs, without objections, within ten days. CCP §§2030.290(a),(b), 2031.300(a),(b). Sanctions are mandatory. §§2030.290(c), 2031.300(c). Defendants seek sanctions in the amount of $300/motion. The Court fin...

Excerpt: ...e to amend as to Safeco Insurance Company of America unless Plaintiff can make an offer of proof on how the complaint can be amended to state a viable claim against Safeco Insurance Company of America. I. Background Facts On October 5, 2017, plaintiff Lionel Boyce (“Plaintiff”), in pro per, filed a complaint against defendants Youri Anissovets (“Anissovets”), U‐Haul International Inc. (“U‐Haul”), Safeco Insurance Company of Americ...

Excerpt: ...ndants' gate. Defendant, Alco Holding Co. is a suspended corporation and therefore cannot file an answer in this case. Its insurance company, United Specialty Insurance Company, seeks leave to file a demurrer and answer‐in‐intervention on its behalf. A liability insurer normally is not a party to a third party action against its insured, but may have the right to intervene in certain circumstances. Pursuant to Kaufman & Broad Communities, Inc...

Excerpt: ...a Duffey Chanca and Kimberly Duffey Chanca for damages arising out of an automobile accident. The minor plaintiff suffered serious psychological damages as a result of the accident, but has fully recovered at this time. At this time, all parties have agreed to settle the action. Lily's gross settlement is in the amount of $13,000, and her mother's gross settlement is in the amount of $25,000. Petitioner proposes to use $2797.50 to pay outstanding...

Excerpt: .... pedestrian accident. The minor plaintiff suffered a fractured femur as a result of the incident, but has completely recovered from his injuries at this time. Plaintiff, by and through his GAL and attorney, has agreed to settle this action with Defendant for the total amount of $110,000. If approved, $37,096.66 will be used for medical bills, $27,500 for attorneys' fees, and $17,928.70 for costs of suit. Petitioner proposes to place the net sett...

Excerpt: ...Insurance Exchange. At this time, Plaintiff moves to quash the subpoena. 2. Parties' Positions concerning Motion to Quash On 12/28/17, Plaintiff filed the instant motion to quash, contending the deposition subpoena seeks production of records relating to a workers' compensation claim she made, which records are not relevant to this lawsuit. She contends the body part(s) injured in the workers' compensation action was not the same body part(s) inj...

Excerpt: ...Defendants appeared in this action (filed an answer) through their attorney of record, Gregory Lucett. 2. Parties' Positions on Motions to Compel On 1/18/18, Plaintiff filed these motions to compel, contending Defendants had not served responses to the discovery. On 2/06/18, Defendants filed opposition to the motion. The opposition was one day late. CCP §1005(b). It was however, served by personal service. The Court has therefore read and consid...

Excerpt: ... with Juan Francisco Rosales and Rica's Pupusas. Plaintiff therefore added Rosales as a doe defendant on 2/28/17. Her process server served him with the summons and complaint on 3/29/17. He has not, to date, filed an answer to the complaint. Plaintiff has not had his default entered. On 10/16/17, Plaintiff's process server personally served Rosales with a deposition subpoena; Plaintiff also served a Notice of Deposition on all parties to the acti...

Excerpt: ...s for damages arising out of a dog bite incident. The minor plaintiff suffered lacerations and scratches, some of which required stitches, as a result of the incident, but has completely recovered from his injuries at this time. Plaintiff, by and through his GAL and attorney, has agreed to settle this action with Defendant for the total amount of $24,000. If approved, $5138.93 will be used for medical bills, $6000 for attorneys' fees, and $1199 f...

Excerpt: ...neys' motions to be relieved as counsel. The motions were premised on the contention that there is a material difference between Plaintiff and her attorneys concerning how to prosecute the case, such that representation is no longer possible. The Court notes that Defendant seeks alternative issue or evidentiary sanctions, but the proposed sanctions are so broad that they would be tantamount to a terminating sanction. Trial in this case is schedul...

Excerpt: ...mended General Order Re: PI Court Procedures (2/25/16), on 12/22/17 at 10:00 a.m. Plaintiffs' attorney, however, appeared by way of courtcall, which rendered meaningful participation in the conference impossible. The conference was not substantively held. The hearing was continued to 1/19/18. Prior to the hearing, the Court issued a tentative ruling as follows: The Court will treat the 1/19/18 hearing as an Informal Discovery Conference. Counsel ...

Excerpt: ...position on 8/25/17. The deposition lasted 2 hours and 47 minutes, and was terminated as a result of a disagreement and altercation between the parties' attorneys (the details of this altercation will be discussed below). 3. Motion for a Second Deposition At this time, Defendant moves to compel a second session of Plaintiff's deposition. Defendant argues the deposition was prematurely terminated due to an altercation between the parties' attorney...

Excerpt: ...causes of action for negligence (24 Hour Fitness), assault and battery (Taghi), negligence (Taghi), IIED (Taghi), and NIED (Taghi). The crux of the allegations against Taghi is found at ¶15 of the complaint, wherein Plaintiff alleges: 15. On or about March 13, 2017, while at, on or near the premises of the 24 Hour Fitness USA, Inc., facility known as gym 929 ‐ Woodland Hills Topanga SuperSport, Woodland Hills, CA plaintiff was intentionally, v...

Excerpt: ...edestrian accident. The minor plaintiff suffered various injuries as a result of the incident, but has completely recovered from his injuries at this time. Plaintiff, by and through his GAL and attorney, has agreed to settle this action with Defendants for the total amount of $15,000. If approved, $2757.78 will be used for medical bills, $3750 for attorneys' fees, and $1503.50 for costs of suit. Petitioner proposes to place the net settlement amo...

Excerpt: ...ed a complaint against Aguilar for damages arising out of the same accident. On 1/24/18, the cases were consolidated for all purposes. The consolidated cases are currently scheduled for trial on 1/11 2. Motion for Preferential Trial Setting Plaintiff moves for trial setting preference pursuant to CCP §36(a), which provides: (a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall gr...

Excerpt: ...tiff filed his complaint on 5/17/16, and the complaint alleges that the fall occurred in a store in Los Angeles County. To date, Plaintiff has not filed proof of service of the summons and complaint on Sears. On 6/06/17, over a year after filing the complaint, Plaintiff filed proof of service of the summons and complaint on Kmart. On 6/21/17, Kmart filed an answer to the complaint. 2. Motion to Transfer Venue At this time, Kmart moves to transfer...

Excerpt: ...pel has passed, and Plaintiff fails to show that he ever sought an extension of time to file such motions. CCP §§2024.020, 2024.050. The motion is therefore denied. Defendant, in opposition to the motion, seeks imposition of sanctions against Plaintiff and his attorney of record for having to oppose the motion. Sanctions are appropriate per CCP §2023.030. The Court notes that Defendant complains about the excessive fees sought by way of the mo...

Excerpt: ...cia's property. 2. Motion to Transfer Venue At this time, Garcia moves to transfer venue to Monterey County, contending the accident took place in Monterey County and Monterey County is the most convenient forum for the action. Defendant moves for change of venue on the ground that Los Angeles County is not a convenient forum. The Court has the discretion, per CCP §397(c), to transfer an action if the Court finds the county in which it was filed...

Excerpt: ...a result of Defendants' negligence. Plaintiffs, Evelyn and Claire allege they suffered emotional distress as a result of witnessing the damage to Shane. 2. Dr. Kissel's Prior Motion for Summary Judgment/Adjudication On 12/15/17, the Court heard Dr. Kissel's joinder to TMPN's motion for summary judgment or adjudication. The Court denied Dr. Kissel's motion for summary judgment on the ground that there were triable issues of material fact concernin...

Excerpt: ...Metropolitan Transportation Authority is MOOT. The Demurrer by Casandra Scott‐Carl Warren & Company TPA for Metro to the complaint is SUSTAINED. The Court is inclined to sustain the demurrer without leave to amend as to Casandra Scott‐Carl Warren & Company TPA for Metro unless Plaintiff can make an offer of proof on how the complaint can be amended to state a viable claim against Casandra Scott‐Carl Warren & Company TPA for Metro. I. Backgr...

Excerpt: ...ame courtroom or deemed related before they can be consolidated. On 2/03/17, the Court deemed the cases related, such that they are ripe for consolidation at this time. CCP §1048 grants discretion to the trial courts to consolidate actions involving common questions of law or fact. The trial court's decision will not be disturbed on appeal absent a clear showing of abuse of discretion. A consolidation of actions does not affect the rights of...

Excerpt: ...ener establishes, and Plaintiff (through her attorney) concedes that Plaintiff passed away on 7/12/15, five days before this action was filed. Plaintiff argues, however, that the motion should be denied because Intervener failed, in the moving papers, to submit authority specifically permitting dismissal of litigation under the circumstances. Plaintiff has a motion for leave to amend the complaint (to name Plaintiff's successor(s)‐in‐ interes...

Excerpt: ...e to amend unless Plaintiff can make an offer of proof at the hearing on how the complaint can be amended in light of the statute of limitations issue. I. Background Facts On October 11, 2017, plaintiff Karson Curtis (“Curtis”), minor by and through his guardian ad litem Dana K. Dunmore (“Dunmore”), and Dana K. Dunmore individually (jointly “Plaintiffs”) filed this action against Dignity Health dba California Hospital Medical Center (...

Excerpt: ...Taking of Deposition of Defendant's Custodian of Records on multiple occasions, and Defendant has not complied. The parties have met and conferred, but been unable to resolve the dispute. At this time, Plaintiff moves to compel the deposition of Defendant's Custodian of Records. Plaintiff's notice of motion does not indicate the basis of Plaintiff's motion to compel Defendant's custodian of records deposition; the notice of motion only discloses ...

Excerpt: ...ff”), filed a complaint against defendants James Lee Chapdelaine (“Chapdelaine”), Los Angeles Metropolitan Transportation Authority (“Metro”) and Does 1 to 50 alleging causes of action for (1) negligence, (2) negligence per se and (3) statutory liability. The complaint alleges that on or about January 25, 2017, Plaintiff was injured when he was walking across an intersection as a pedestrian and a vehicle operated, driven, controlled, ma...

Excerpt: ... on page 4, lines 8‐10; and (8) paragraph 6, Plaintiff's prayer for reasonable attorneys' fees on page 6, line 6. The Motion to Strike is DENIED otherwise. No leave to amend is being granted since Plaintiff cannot reasonably amend the pleadings. I. Background Facts On October 23, 2017, plaintiff Francisco Paco Fuentes (“Plaintiff”) filed a complaint against defendant Eduardo Yanez (“Yanez”) and Does 1 to 50 alleging a cause of action fo...

Excerpt: ...fendant to the case. On 4/21/17, the Court granted Defendants' motion for leave to file a cross‐ complaint against Spine Wave, Inc. The motion was premised on the contention that Defendants had recently learned that Plaintiff underwent back surgery as a result of the fall, and that the device implanted in his back has not performed as expected. On 5/31/17, Defendants filed their operative FACC against Spine Wave. On 7/05/17, Spine Wave filed an...

Excerpt: ...representation is not possible. Each of the attorneys declares he served the moving papers on his client via mail at a confirmed address. Each attorney has filed proof of service on his client and on all parties who have appeared in the action. Defendant opposes the motion, arguing that the Court recently imposed monetary sanctions on Plaintiff and her attorneys of record, jointly and severally, and that an order permitting them to withdraw will ...

Excerpt: ... automobile accident. Plaintiffs, Jesse Cisneros and Ariana Carillo are minors, and they are appearing in the action through their mother and GAL, Esther Saludado. Ariana suffered soft tissue injuries as a result of the accident, and Jesse suffered lacerations to his face and soft tissue injuries; both of the minors have completely recovered from their injuries at this time. At this time, the minor plaintiffs, by and through his GAL and attorney,...

Excerpt: ...tion of documents. The motion is denied for several reasons. First, while the motion is captioned a “motion to compel production of documents,” the notice of motion indicates Plaintiffs seek an order “ordering Defendants to respond to Plaintiff's Request for Production of Documents, Set Three.” Thus, it is not clear what relief is sought. Second, the declaration in support of the motion fails to indicate anything about when the subject de...

Excerpt: ...iff filed his complaint on 8/22/16. Defendant filed an answer on 3/14/17. 2. Motion for Relief from Wavier of Jury Trial Plaintiff was obligated to post jury fees prior to commencement of trial, and in no event more than 365 days after filing the case. Plaintiff failed to do so. Plaintiff seeks relief from this failure per CCP §631. §631(g) provides, “The court may, in its discretion upon just terms, allow a trial by jury although there may h...

Excerpt: ...tomobile accident. Plaintiff, Adolfo Mazon, Jr. was working for Kellogg Supply, Inc., which employer was insured by Intervener, Insurance Company of the West at the time of the incident. Plaintiff made a workers' compensation claim, which Intervener has paid. At this time, Intervener seeks leave to intervene in this action. Labor Code §§3852 and 3853 make clear that an employer (or its insurance company) against whom a claim for worker's compen...

Excerpt: ...ed deposition date of 11/14/17. Attorneys for all sides (Plaintiff, the deponent defendant, and the co‐defendant) appeared at the deposition, but Defendant did not appear. At this time, Plaintiff seeks an order compelling Defendant to attend his deposition within the next twenty (reply says ten, but notice of motion says twenty) days. Defendant opposes the motion on the sole ground that Plaintiff failed to meet and confer prior to filing the mo...

Excerpt: ...ng Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Defendant's motions are granted. Plaintiff is ordered to serve verified responses to form interrogatories and RPDs, without objections, within ten days. CCP §§2030.290(a),(b), 2031.300(a),(b). Sanctions are mandatory. §§2030.290(c), 2031.300(c). Defendant seeks sanctions in the amount of $433.50/motion – one hour to prepare each motion and one ho...

Excerpt: ...urther representation is not possible. Counsel declares he served the moving papers on his client via mail at her last‐known address, which he attempted to confirm via phone calls, certified mail, and a visit to the last‐known address; he has been unable to confirm the address, and it appears Plaintiff no longer resides there. The Court has one concern with the motion. Counsel filed this action on behalf of Sofi Villatora‐ Alezano‐Velasqu...

Excerpt: ...ding discovery, deeming RFAs admitted, 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 are circumstances ...

Excerpt: ... relief Plaintiff seeks; notably, much of the motion includes incomplete sentences, and no material discussion of the notice of deposition at issue is included. Third, Plaintiff expressly concedes, in the motion, that the time for hearing on motions to compel has passed, but Plaintiff fails to show that he ever sought an extension of time to file such motions. CCP §§2024.020, 2024.050. Fourth, Plaintiff relies on CCP §2025.220(3) in support of...

Excerpt: ...es arising out of an automobile accident. Specifically, Plaintiffs allege the accident killed Decedents, Ernesto Javier Chinchillas Castro and Hector Rogelio. Notably, the complaint is not entirely clear regarding its theory of liability against each of the four defendants. At ¶16 of the complaint, Plaintiffs allege Rutherford was driving the vehicle and Medina was a passenger. However, at other places in the complaint, Plaintiffs refer to both ...

Excerpt: ... accident occurred on 10/11/14. Plaintiff filed his complaint on 1/08/16. Plaintiff served Defendants on 5/15/17 and 5/24/17. The trial date was originally scheduled for 7/10/17, but the parties stipulated to continue it; the trial date is currently scheduled for 7/26/18. 2. Initial Note On 1/29/18, the Court received a courtesy copy of Plaintiff's purported opposition to the motions to compel, discussed below. The courtesy copy includes a sticky...

Excerpt: ...ween Plaintiff and Pastor on the entity defendants' premises. Oceano is the owner of the subject premises, and Greystar is the management company. Plaintiff was a former tenant at the time of the altercation, and Pastor was a person who routinely stayed with a tenant but was not himself a tenant. 2. Defendants' Facts Many of the facts relating to this motion are undisputed. If a fact is disputed, the Court will present each party's contention in ...

Excerpt: ...red Plaintiff to do so within ten days, and also ordered Plaintiff and her attorney of record, jointly and severally, to pay sanctions within twenty days. On 12/06/17, Defendant filed the instant motion for terminating sanctions, contending Plaintiff had, to date, failed to comply with the order compelling discovery responses, and the complaint should be dismissed as a result. As an initial note, any opposition to the motion was due on or before ...

Excerpt: ...10(f) (tabbing of exhibits) and 3.1350(e) (the points and authorities, separate statement, and evidence must each be a separate document). Taken together, these violations leave the Court with a single 255‐page document with no way to delineate which pages relate to which aspect of the opposition. The hearing on this motion for summary judgment is continued to 1/26/18 at 1:30 p.m. in D‐ 92. The Court notes that trial in this case is not sched...

Excerpt: ...ed settlement agreement. Defendant's motion does not mention CCP §664.6. That section is not applicable here in any event as it requires the parties themselves, not counsel, to stipulate before the court or in writing. Levy v. Superior Court (1995) 10 Cal. 4th 578, 585‐86. Defendant had the option of complying with CCP §998(b)(1) and CRC 3.250(a)(23), and seeking entry of judgment in that manner. However, he chose to make a motion. The motion...

Excerpt: ... responses were served. The motion is granted; the RFAs are deemed admitted. CCP §§2033.280(a), (b), and (c). The Court notes that Defendant does not seek imposition of sanctions in connection with the motion, and therefore no sanctions are imposed. Parties who intend to submit on this tentative must send an email to the court at [email protected] indicating intention to submit on the tentative as directed by the instructions provided on th...

Excerpt: ...heduled for 11/26/18. At this time, Serrano moves to stay the action against her, contending she was called to active duty military service subsequent to the auto accident at issue, and will be on full‐time active duty until 4/22/2020. Serrano relies on 50 U.S.C. App. §521 and the California Military and Veterans Code §403(a) to support his motion. 50 U.S.C. App. §521 provides: At any stage thereof any action or proceeding any court in which...

Excerpt: ...o recover workers' compensation benefits paid to Plaintiff as a result of the accident. At this time, the City moves to consolidate the two actions. The cases have been deemed related, and are therefore ripe for consolidation. CCP §3853 mandates consolidation of actions such as these, and the motion is therefore granted. BC623057 is deemed the lead case for all purposes; all future hearing and trial dates in BC642778 are advanced to today's date...

Excerpt: ...s 9/01/17 order, which is attached to the moving papers as Exhibit C, and finds that the order makes clear that the Court is setting the matter for hearing on noticed motion on 10/04/17, but is not ruling on the merits of the request to compel Plaintiffs' depositions. For reasons that are not clear, Defendant served a notice of ruling indicating that the Court granted the ex parte application to compel Plaintiffs' depositions. Defendant did not, ...

Excerpt: ... The action concerns Defendants' care and treatment of Plaintiff in connection with her obstetrical care. The complaint contains a sole cause of action for medical negligence. At this time, the County moves for summary judgment on the complaint Defendant establishes that it propounded RFAs on Plaintiff on 4/21/17. Plaintiff failed to respond, and on 9/26/17, the Court deemed the RFAs admitted. The RFAs establish that (a) Defendant was not neglige...

Excerpt: ...rs were traveling southbound on Bundy in West LA at the time of the accident. Plaintiff was completely stopped with Tsuji immediately behind her when Tosheff rear‐ended Tsuji. The parties dispute whether Tsuji had been stopped for a period of time prior to the accident, such that Tsuji would bear no responsibility for the accident, or whether Tsuji stopped suddenly, which contributed to the accident. Concurrent with his answer to the complaint,...

Excerpt: ...f an automobile accident. At this time Defendant, Iraj Shamsian has agreed to settle all claims with Plaintiffs for the total amount of $140,000. He seeks a court order finding the settlement in good faith. Sharmsian timely and properly served the moving papers on all parties to the action. Any opposition to the motion was due on or before 12/22/17. As of 1/03/18, no party has filed opposition to the motion. The burden on a motion for determinati...