Excerpt: ... ignored all attempts at communication and is not complying with discovery obligations such that further representation is not possible. The Court notes that Counsel filed this action on behalf of two plaintiffs – Gladys and David Cruz. The motion, however, is directed only at Gladys. On 3/23/18, Counsel filed an “amended motion” directed at both of the plaintiffs. The 3/23/18 papers, however, were served by mail, and were therefore not tim...

Excerpt: ...lure 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 address has not been ...

Excerpt: ...loss of consortium. The basic facts concerning the incident are undisputed. There was a dresser with a table top, and the bottom and top drawers (but not middle drawer) were open. Plaintiff was looking at something on the top of the dresser, and she closed the top drawer, but she did not close the bottom drawer. She then turned to show her husband something, and as she turned back toward the dresser, she tripped on the bottom (still open) drawer,...

Excerpt: ... Rivas. Since Plaintiffs have already amended the pleadings twice and since there are no facts alleged as to how the pleadings can be amended to defeat the statute of limitations bar as to Western Freight Carrier Inc, the Court finds that the Second Amended Complaint cannot be reasonably amended. Thus, no leave is to amend is granted. I. Background On May 15, 2017, plaintiffs Lily Hernandez and Melissa Hernandez (jointly “Plaintiffs”), filed ...

Excerpt: ...viously denied Plaintiff's motion to reinstate the action without prejudice. The Court held: Plaintiff's motion is summarily denied without prejudice. Plaintiff's counsel represents plaintiff sent a check for plaintiff's first filing fee to the court on December 21, 2017, but fails to attach a copy of same or attach any other proof of payment. Plaintiff's counsel's statements “[p]laintiff sent the check to the Court on December 21, 2017 and app...

Excerpt: ...tensions of time to respond, but insisted responses must be without objections, which were waived due to failure to timely respond; on 2/08/18, Plaintiff served responses, which consisted entirely of objections are were not verified. At this time, Defendants move to compel responses to the discovery at issue and move to deem the RFAs admitted. The initial question before the Court is whether these motions were properly filed as motions to compel ...

Excerpt: ...anding 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 are circumstances where imposition of t...

Excerpt: ...esided there for approximately eleven years. The fall occurred when she was walking from her unit to her mailbox, which was located in the front of the complex. At this time, Defendant moves for summary judgment on the complaint, contending the defect at issue was trivial as a matter of law. As an initial note, Plaintiff's opposing separate statement fails to comply with CRC 3.1350(f) and (h). Plaintiff fails to identify the evidence she contends...

Excerpt: ...t of a multi‐vehicle automobile accident. 2. Motion for Determination of Good Faith Settlement At this time, the Reed Defendants have entered into a policy limits settlement with Plaintiffs for the total amount of $50,000. They seek an order finding the settlement in good faith and barring any cross‐complaints against them for indemnification or related claims. The Court previously denied the Reed Defendants' motion for determination of good ...

Excerpt: ...ez (“Martinez”) (jointly “Plaintiffs”) filed this action against Juan Carlos Diaz Ramirez (“Ramirez”) and Maria Del Socorro Torres‐Flores (“Torres‐Flores”) and Does 1 through 30. On December 14, 2017, Plaintiffs filed a first amended complaint (“FAC”) alleging causes of action for general negligence and motor vehicle negligence. The FAC alleges that on October 20, 2015, the defendants were negligent in operating and owning...

Excerpt: ...NIED as to requests (1), (2), (4), (5), (7), (8) and (10). The Motion to Strike is also GRANTED as to requests (3) and (6). The Court is inclined to grant the motion as to requests (3) and (6) without leave to amend unless Plaintiff can make an offer of proof on what other sections of the Education Code except for section 44807 can be alleged to have been violated. If leave is granted, Plaintiff has fifteen days' leave to amend. If no leave to am...

Excerpt: ...efendant met its moving burden to show it is entitled to judgment as a matter of law, and (b) Plaintiff met her shifted burden to raise triable issues of material fact. Of note, the Court's tentative ruling relied partly on the expert declaration of Philip Rosescu. At the hearing, Defendant strenuously argued that the Declaration of Rosescu was objectionable under the recent ruling of Perry v. Bakewell Hawthorne, LLC (2017) 2 Cal.5 th 536, 538. I...

Excerpt: ...or damages arising out of an automobile v. tour van accident. Trial in this case is currently scheduled for 5/14/18; Defendants move to continue the trial date and the related discovery cut‐off. Notably, after Defendants filed this motion, the parties agreed to continue the trial date to 8/06/18. The parties also agreed that Defendants will be able to conduct limited discovery concerning one of Plaintiff's treating physicians, Dr. Pospisil. The...

Excerpt: ...ginally set for trial on 11/20/17. The parties have stipulated twice to continue the trial date, and trial is currently scheduled for 5/02/18. At this time, Defendant moves to continue the trial date for six months, from 5/02/18 to 10/29/18. Of note, all parties to the action agree to the requested continuance. Defendant indicates the reason for the requested continuance is the fact that Defendants' lead trial attorney has taken an unexpected lea...

Excerpt: ...over for their own damages arising out of the accident. The parties disagree concerning who is at fault for the accident. On 2/14/18, Defendants propounded a deposition subpoena for production of business records on Plaintiff's insurance carrier, Access General Insurance Company. The subpoena sought production of Plaintiff's complete insurance file. 2. Motion to Quash or Modify Subpoena Propounded on Farmers Insurance Exchange Plaintiff moves to ...

Excerpt: ...plaint 10/07/15. The Court held an OSC re: proof of service on 5/23/17. Plaintiff indicated she had been unable to locate Defendant, and the Court set an OSC re: dismissal for 9/21/17. Plaintiff failed to appear, and the Court dismissed the case. The minute order contains a proof of service by the clerk on Plaintiff's counsel. 2. Motion to Set Aside Dismissal On 3/09/18, Plaintiff filed the instant motion to set aside the dismissal. Plaintiff arg...

Excerpt: ...aintiff filed proof of service of the summons, complaint, statement of damages, and related documents; the POS indicates Defendant was served on 10/20/16 via substitute service on his office administrator at his place of business. On 10/10/17, the Clerk entered Defendant's default. On 2/07/18, the Court entered a default judgment against Defendant. 2. Motion for Relief At this time, Defendant moves to set aside the default and default judgment en...

Excerpt: ...ossible. Counsel originally scheduled the motion for hearing on 1/24/18. Counsel failed to appear at the hearing, and the Court took the matter off calendar. Counsel re‐filed the motion, setting it for hearing on 2/28/18. Prior to the hearing, the Court issued a tentative ruling as follows: The motion is denied without prejudice. Counsel's declaration indicates Client was served by personal service and also service by mail. The proof of service...

Excerpt: ...cally, Plaintiff alleges she slipped and fell on water while dancing on Defendants' premises. At this time, Elks moves for summary judgment, contending the complaint fails because Plaintiff does not know what she slipped on and cannot establish the existence of a dangerous condition. Plaintiff declares that she felt her foot slip while dancing and fell backwards. Neither Plaintiff nor anyone she was with specifically saw anything wet on the floor...

Excerpt: ...anted. I. Background Facts On June 8, 2016, plaintiff Jessica Robinson (“Plaintiff”) filed a complaint against defendants Central Regional Detention Facility [AKA Lynwood Women's County Jail] (“CRDF”), Los Angeles County Sherriff's Department, County of Los Angeles (“County”), and does 1 to 50 alleging a single cause of action for negligence under Government Code § 945. Plaintiff alleges that on April 26, 2015, the defendants neglige...

Excerpt: ...examination of Plaintiff. The motion is denied for two reasons. First, the motion is denied for the same reason the Court previously denied the ex parte applications: the Court previously found that Defendant knew, no later than November of 2017, about Plaintiff's claim that she needs to have back surgery. See Exhibit A to Plaintiff's opposition, which is the Court's notes concerning the 1/29/18 application, and includes the following language: D...

Excerpt: ...ms a variety of injuries arising out of the accident, and Defendant previously had Plaintiff examined by a neurosurgeon because Plaintiff's treating physician recommended back surgery. At this time, Defendant moves to compel Plaintiff to sit for a second IME, this time with an orthopedic surgeon. Defendant seeks to compel this second examination because Plaintiff also claims ongoing pain to his knee and shoulder, with the possibility of surgery i...

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

Excerpt: ..., 2017, Garibay filed a complaint against Bautista. CCP section 1048 states, in relevant part: (a) When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. (b) The court, in furthera...

Excerpt: .... On July 17, 2017, the case was remanded to this Court. On October 30, 2017, Plaintiff served a meet and confer letter regarding the instant motion to compel responses. (Nazif Decl. ¶ 4.) On November 1, 2017, Defendant responded that there was no outstanding discovery, because the parties had agreed to re‐serve all discovery from before the removal/remand, and Plaintiff had not done so. (Nazif Decl. ¶ 5.) Although Plaintiff disagreed with th...