Excerpt: ...urt denied the request for a fee waiver. On 11/30/17, the Clerk voided the filing of the complaint. At this time, Plaintiff seeks an order reinstating the case. He indicates that he paid the necessary fees on 12/01/17, and the Clerk cashed the check. Indeed, the Court's file shows receipt of the filing fee on 12/07/17. Plaintiff's attorney declares he neglected to timely send the check such that the Court would receive the check before the case w...

Excerpt: ... in Los Angeles County is not proper. The motion to strike is denied for two reasons. First, the proper motion when venue is disputed is a motion to change venue, which is governed by CCP §§396, et seq. Second, pursuant to CCP §395(a), venue is proper where the injury occurred or where defendant resides. The complaint alleges, at ¶2, that Defendant resides in the City of West Covina, which is in the County of Los Angeles. Defendant erroneousl...

Excerpt: ... of acceptance of the offer. Pursuant to CCP § 998(b)(1), “If the offer is accepted, the offer with proof of acceptance shall be filed and the clerk or the judge shall enter judgment accordingly.” However, the parties are also supposed to file with the Court “a written judgment for the court's signature.” (See Weil & Brown, Cal. Pract. Guide: Civ. Proc. Before Trial (Rutter Group 2017) § 12:640; CRC, Rule 3.250(a)(23).) There is no reco...

Excerpt: ...uring that ride, the bus driver suddenly braked and caused the passenger's body to slam into a metal seat rail. Plaintiff alleges injuries to the neck, head, shoulder, ribs, and back. Compl. at ¶¶ 9—12. LEGAL STANDARDS <0048000300560048004600 00030053005500520059[ides that upon the order of the court, an attorney in an action or special proceeding may be changed at any time before or after judgment of final determination upon the application ...

Excerpt: ...she tripped and fell on a sprinkler protruding from property owned by Finale onto a public sidewalk owned by the City of Los Angeles. On November 29, 2017, Plaintiff noticed the deposition of Finale, for January 19, 2018. On January 18, 2018, Finale brought the instant motion to quash and for protective order. Finale argues she is 93 years old, and that a deposition would therefore be unduly burdensome. Finale also argues she is willing to provid...

Excerpt: ...altercation between Plaintiff and Defendant in a parking lot on September 23, 2014. Plaintiff filed a proof of service on March 23, 2017, stating that Plaintiff was served by substitute service on February 20, 2017. The proof of service indicates the complaint and other documents were served on Plaintiff's “gatekeeper,” after some thirty‐two attempts at personal service, and were subsequently mailed to Plaintiff on March 11, 2017. Default w...

Excerpt: ...dant Target Corporation (“Defendant” or “Target”), alleging causes of action for (1) Negligence; (2) Premises Liability; and (3) Loss of Consortium. Plaintiffs allege that, on September 29, 2015, plaintiff Alicia Cruz fell due to a wet floor while shopping at the Target Store on 6705 Cherry Avenue, Long Beach, California 90805. (Compl., ¶ 5‐6.) Plaintiffs allege that Defendant negligently maintained the subject premises. (Id. at ¶ 14....

Excerpt: ... of Trustees of the California State University for damages arising out of a trip and fall over wires connected to a projector system in a classroom. The complaint contains a sole cause of action for dangerous condition of public property against Defendant. Defendant filed a motion for summary judgment on November 22, 2017, arguing there was no dangerous condition on the property because there was no substantial risk of injury when the property w...

Excerpt: ...nt Michael Angelo Catalano (“Defendant”), alleging causes of action for (1) Negligence; and (2) Negligence Per Se. Plaintiff alleges that, on July 23, 2016, Plaintiff and Defendant were traveling westbound along Westchester Parkway. (Compl., ¶¶ 7‐8.) Defendant allegedly initiated a U‐turn midblock and collided with Plaintiff's vehicle. (Id. at ¶ 8.) Defendant moves for leave to amend his Answer to include comparative negligence as an a...

Excerpt: ...ffs shall be pursuant to the new trial date. On July 20, 2017, pursuant to an ex parte application to continue trial, the Court set trial for November 28, 2017, with an FSC set for November 14, 2017, and the discovery cut‐off to be calculated based on the new date. On October 3, 2017, the Court heard and granted another ex parte application to continue trial. The Court set trial for February 7, 2018, with an FSC set for January 26, 2018, and th...

Excerpt: ... inside property owned and managed by Defendants Yong Ok Kim, Bee Investment, Inc., Kenny Chung, Calusaa Park, NextGo Investment, Inc., John Lee, and Joshua Choung. Defendants initially sought to subpoena medical records from Plaintiff's medical providers on November 3, 2017. (Kim Decl., Exh. B.) Plaintiff objected, and sent a meet and confer letter on November 10, 2017, seeking to narrow the scope of the subpoenas. (Quiroga Decl. ¶ 5.) The lett...

Excerpt: ...x filed the instant complaint on August 21, 2017. On October 5, 2017, moving counsel filed an answer on behalf of all three defendants—Tufesa USA, LLC, Autotransportes Tufesa S.A. de C.V., and Arambula Caro. Counsel now seeks leave to file an amended answer omitting Arambula Caro. “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name o...

Excerpt: ... Kearney (“Plaintiff”) filed this action against Defendants Kaiser Foundation Health Plan, Inc. (“KFHP”) and Does 1‐50. The sole cause of action alleged against defendant is for premises liability. Plaintiff alleges that “on or about November 6, 2014 [he] was upon said premises of defendants…at or near 765 W. College Street, Los Angeles, California, and as a proximate result of the negligence of said defendants in constructing, repa...

Excerpt: ...le riding a bicycle on a public road, he was struck by a motor vehicle. Plaintiff alleges the vehicle was driven by Defendant Gilvert Perez Garcia (“Garcia”), as part of his employment with Defendant K‐Town Valet Services (“K‐ Town”), which is in turn alleged to be an employee of Defendant David Lo Pan, LLC, dba Lock & Key – Stall 239 (“Lock & Key”), a bar and restaurant for whom K‐Town was allegedly providing valet services. ...

Excerpt: ...e date of filing on Plaintiffs' complaint corrected nunc pro tunc to reflect that the complaint was filed on October 24, 2017. Plaintiffs Lucas Feruglio and Natalia Montes de Oca were involved in a motor vehicle accident on October 24, 2015. Accordingly, per the statute of limitations, the last day to bring an action was October 24, 2017. On that date, Plaintiffs submitted their complaint and request for fee waiver pursuant to the Court's electro...

Excerpt: ...pany. Their Motion to Confirm Arbitration Award is denied without prejudice. Petitioners originally brought their motion in October 2017. The Court denied the motion without prejudice on January 30, 2018 for (1) failure to attach a copy of the parties' agreement to arbitrate and (2) failure to properly serve the motion upon Respondent. Petitioners refiled on January 31, 2018. An arbitration award is not directly enforceable until it is confirmed ...

Excerpt: ...ntiff Miriam Rafailzadeh brought suit against Defendants City of Los Angeles, County of Los Angeles, and JP Morgan Chase Bank, N.A., on February 08, 2013, alleging she suffered an injury when she slipped and fell on a sidewalk for which some or all Defendants were responsible. Following various continuances, trial was set for March 7, 2018. On February 23, 2018, Defendants City of Los Angeles and JP Morgan Chase Bank, N.A., filed ex parte applica...

Excerpt: ... crash occurred on the 110 freeway in Los Angeles near 9 th Street. Plaintiff Camarena was driving and plaintiff Martinez was in the passenger seat. Defendant Pia Banez was driving directly behind plaintiffs. The car was owned by her father, Edgar Banez. Plaintiff stopped his car because of vehicular traffic ahead. Defendants' vehicle crashed into the back of plaintiff's vehicle. Defendants served two demands for a medical examination of plaintif...

Excerpt: ...on of documents, without objections, within ten days. Plaintiff is ordered to pay sanctions to Defendant, by and through counsel of record, in the amount of $925. Defendants propounded form interrogatories, special interrogatories, and requests for production of documents on Plaintiff on January 24, 2017. Plaintiff, at the time, was represented by Counsel. Counsel for both parties agreed to multiple extensions of the time to respond, ultimately r...

Excerpt: ...il exchange between Plaintiff's and Defendant's respective attorneys, Plaintiff's deadline to respond to these requests was extended to December 8, 2017. (See Defendant's MTC Ex. 2) To date, Plaintiff has not served responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Defendant's motion is unopposed. Defendant's unopposed motion to compel is granted. ...

Excerpt: ...Bernard Sakmar and Madeline Sakmar (collectively “Defendants”), alleging causes of action for (1) Strict Liability (Civil Code § 3342); (2) Strict Liability (Common Law); and (3) Negligence. Plaintiff alleges the following: On May 27, 2017, Plaintiff was walking on the street where Defendants reside and was viciously attacked by Defendants' dog. (Compl., ¶ 8.) Plaintiff suffered severe injuries that required medical treatment and other prof...

Excerpt: ...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 apparently it was not received” and that “[p]laintiff believes a filing error and mailing delay may have...

Excerpt: ... E‐Cigarette exploded in his pocket. (Compl. ¶ 16.) Plaintiff alleges that the lithium ion battery spontaneously caught fire. (Id.) On December 6, 2017, Plaintiff Adrian Esquivias filed a complaint against Defendant Vape Empire, LLC, the seller of the E‐Cigarette, alleging three causes of action for (1) strict products liability; (2) negligence; and (3) breach of warranty. On January 25, Defendant Vape Empire LLC filed the instant motion to ...

Excerpt: ...ess, Inc. (“Express”) by Defendant AC‐ Catalina Landing, LLC (“Landing”) (collectively “Defendants”). The second amended complaint alleges that Landing owns the premises where Plaintiff was injured and Express operates its business there under a Lease from Landing such that its passengers are required to cross a bike path designated by the City of Long Beach in order to board its ships and allows passengers to congregate along or oc...

Excerpt: ...ainst defendant Western Freight Carrier Inc (“Western”) and Does 1 to 30. On November 3, 2017, Plaintiffs filed a first amended complaint (“FAC”) alleging causes of action for motor vehicle negligence and general negligence. The FAC alleges the following: 1) on April 23, 2015, Doe 1, an employee of Western, while in the scope of his employment, negligently operated a vehicle owned by Western and rear ended Plaintiffs' vehicle. (FAC p. 4 M...