Excerpt: .... This is not proper; CCP §1005(c) requires opposition documents to be served in a manner calculated to ensure delivery by the next business day. On 3/21/18, Defendant filed a notice of non‐opposition to the motion, wherein it indicates it did not receive any opposition to its motion. Defendant has not filed a substantive reply to the opposition. The Court wishes to read and consider the opposition, despite the fact that it was not properly se...

Excerpt: ...is inclined to SUSTAIN the demurrer as to LAC+USC Medical Center without leave to amend unless Plaintiff can make an offer of proof at the hearing on how the complaint can be amended to state a claim against LAC+USC Medical Center. If no leave is granted, County of Los Angeles is ordered to file an answer within ten days of this order. I. Background Facts On March 9, 2017, plaintiff Lorenzo Jones (“Plaintiff”) filed a complaint against defend...

Excerpt: ...ther Responses a. History of Discovery Dispute Defendants propounded special interrogatories on Plaintiff on 8/29/17. Plaintiff served responses, which resulted in meet and confer efforts, including an informal discovery conference. The parties were able to resolve numerous issues, but issues concerning interrogatories 50 and 51 remain unresolved. b. Merits Interrogatories 50 and 51 seek identification of Plaintiff's primary care physician for th...

Excerpt: ...lly, Plaintiff alleges: Defendants, by and through their agents and/or employees, carelessly, negligently, and with malfeasance, created a dangerous condition by placing a cart leaning on the wall at Defendant's premises, which was open to the public, in a manner that caused the cart to fall and hit Plaintiff ‐ an infant ‐ in the face, causing serious injury. At this time, Defendant moves to reclassify this case as a limited jurisdiction case...

Excerpt: ...‐complaint against Tigers Youth Club for indemnification and related claims; the cross‐ complaint alleges the parties had a formal agreement pursuant to which Tigers Youth Club was obligated to provide an insurance policy and indemnify the District for any injuries sustained during games. Plaintiff filed her complaint on 6/03/15, and the matter was originally set for trial on 12/05/16. The trial date has been continued four times, and trial i...

Excerpt: ... complaint on 7/11/16, and the matter was originally set for trial on 1/11/18. The parties stipulated to continue the trial date to 5/08/18. At this time, Defendant moves to continue the trial date for approximately four months, from 5/08/18 to 9/11/18. Of note, all parties to the action agree to the requested continuance. Defendant establishes that the parties have a mediation scheduled on 7/18/18, the first mutually agreeable date for mediation...

Excerpt: ...et for trial on 10/02/17. The parties have continued the trial date twice, and it is now set for 4/02/18. At this time, Defendant moves to continue the trial date for approximately three months, from 4/02/18 to early July of 2018. Of note, all parties to the action have stipulated to the requested continuance. Defendant establishes that Plaintiff recently had surgery on her knee (for injuries claimed to be a result of the accident), and therefore...

Excerpt: ...intiff Gagik Asatryan was at Defendant Vladimir Manasian's home, located at 1725 Ridgeway Drive, Glendale, CA 91202, on February 22, 2014. As Plaintiff was stepping down from Defendant's ladder, he fell and injured his right ankle, resulting in a compound fracture. Plaintiff further alleges that the ladder was faulty. 2. Motion for Summary Judgment Defendant moves for summary judgment on the complaint, contending (a) the ladder was not da...

Excerpt: ...truction Group, Inc. to recover workers' compensation benefits paid to its insured's employee, Jose Luis Guzman, in connection with a workplace injury. At this time, Guzman seeks leave to file a complaint‐in‐intervention against the same defendants. Labor Code §§3852 and 3853 make clear that an employer against whom a claim for worker's compensation damages was made may join in an action against a third party arising out of the incident for...

Excerpt: ...as to the Second Cause of Action for Intentional Infliction of Emotional Distress. The Motion to Strike by Diana Pourmoradi is GRANTED in entirety. Plaintiff is granted fifteen days' leave to amend. I. Background Facts On July 7, 2017, plaintiff Keyvan Shahrouz (“Plaintiff”), filed a complaint against defendants Diana Pourmoradi (“Pourmoradi”) and Does 1 to 100 alleging causes of action for (1) motor vehicle negligence, (2) intentional in...

Excerpt: ... 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. v. Performance Plastering, ...

Excerpt: ...tiff filed a proof of service of the summons and complaint. The proof of service shows Plaintiff served Defendant, Guzmen via substitute service on 8/12/17. On 10/11/17, the Clerk entered Guzman's default. To date, Plaintiff has not filed proof of service of the summons and complaint on Valdez. To date, no default judgment has been entered. 2. Motion for Leave to Intervene At this time, Coast National Insurance Company moves for leave to interven...

Excerpt: ...levard Nightlife Group, LLC, and Freddy Braidy for damages arising out of an assault and battery on Plaintiff by a patron of Defendants' nightclub. Plaintiff filed his complaint on 6/27/13. Plaintiff named Doe 1, Gordon California Properties, LLC on 10/01/13. On 1/30/18, Doe 1, Gordon, filed the instant motion to dismiss. It moves to dismiss the complaint pursuant to CCP §§583.410 and 583.420, which collectively permit the Court to dismiss an a...

Excerpt: ...the hearing: Plaintiffs, Danilo and Nenita DeFiesta filed this action against Defendant, Elio Ramos for damages arising out of an automobile accident. Plaintiffs have attempted to take Defendant's deposition, and Defendant has not appeared. At this time, Plaintiffs move to compel the deposition. Defendant opposes the motion. The opposition is based on Defense Counsel's declaration. Defense Counsel declares that Defendant is homeless, works as a d...

Excerpt: ...laint on 1/06/17. Plaintiff filed proof of service of the summons and complaint on 3/22/17, showing service on Defendant, Hristo Enriquez via substituted service. The POS shows Defendant was served on 2/03/17 with the papers mailed on 3/13/17. On 7/12/17, Plaintiff filed a proof of service of a Statement of Damages on Defendant, Hristo Enriquez. The POS shows the Statement of Damages was served via personal service on 7/09/17. On 8/24/17, at Plai...

Excerpt: ...ntiffs filed this action on 6/19/17. On 11/29/17, Plaintiff filed proof of service of the summons and complaint on Defendant, Dan Aronow, M.D. The POS indicates Defendant was served via personal service at 9808 Venice Blvd. in Culver City. Motion to Quash At this time, specially appearing Defendant Aronow moves to quash service of the summons and complaint, contending he was not at 9808 Venice Blvd. on the date and time when he was purportedly se...

Excerpt: ...hes that he is licensed in the States of Colorado and Nevada, is in good standing, does not regularly work or live in CA, and has an associated CA attorney, Aaron S. Motschenbacher associated as counsel in the case, of his declaration fails to fully satis$r the requirements of CRC requires an attorney seeking admission pro hac vice to list each and every case in which he has appeared in the past Ävo years. Counsel declares he appeared in one spe...

Excerpt: ...jections, to the outstanding discovery and to pay sanctions. Defendants' motions are granted. Plaintiffs are 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). Defendants seek sanctions in the amount of $660/motion – two hours to prepare each motion and two hours to appear at the hearing, all a...

Excerpt: ...ders; at this time, Defendants seek an order imposing terminating sanctions. Of note, Defendants have filed three motions for terminating sanctions, one relating to each failure to comply with the 11/16/17 order. 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 approp...

Excerpt: ...stain the demurrer without leave to amend unless Plaintiff can make an offer of proof at the hearing on how the premises liability claim can be amended to sufficiently state a claim. In the case that leave is granted, Plaintiff has fifteen days' leave to amend, otherwise, Bank of America Corporation is ordered to file an answer within ten days of this order. I. Background Facts On December 4, 2017, plaintiffs Sevag Salibian, Sevan Salibian, Haig ...

Excerpt: ...es Bar: Nightclub and Happy Hour, Bogies at the Westlake Village Inn, Westlake Village LLC and Does 1 to 50 alleging causes of action for (1) general negligence, (2) premises liability, (3) negligent infliction of emotional distress and (4) negligent hiring/retention/supervision. The complaint alleges that on January 1, 2016, Plaintiff was injured due to the defendants' negligence and carelessness. (Complaint p.4‐7.) On February 14, 2018, Westl...

Excerpt: ...S. An arbitration award is not directly enforceable until it is confirmed by a court and judgment is entered. (CCP § 1287.6; Jones v. Kvistad (1971) 19 Cal.App.3d 836, 840.) A party who is satisfied with an arbitration award should move to confirm the award. A party may seek a court judgment confirming an arbitration award by filing and serving a petition at least 10 days, but no more than four years after the award is served. (CCP §§ 1288, 12...

Excerpt: .../01/18. Defendant therefore seeks an order continuing the trial date until after the MSJ hearing date. Plaintiff opposes the motion, arguing Defendant has not acted with diligence in defending the case. The Court, in ruling on the motion, is guided by the case of Wells Fargo Bank v. Superior Court. The Court therein held that a trial court may not refuse to hear a summary judgment motion filed within the time limits of section 437c. (Wells Fargo ...

Excerpt: ...ty and negligence against Domino Realty Management Co., Inc., the entity that owned the adjacent property. Domino filed an answer to the complaint and simultaneously filed a cross‐ complaint against its sole tenant on the property, Veolia Energy Los Angeles, Inc. The cross‐complaint contains three causes of action for indemnification and a cause of action for declaratory relief. On 5/11/17, the attorney for the City of Los Angeles filed a Req...

Excerpt: ...s relating to the matter are undisputed, and are as follows: Decedent had been Dr. Lew's patient for more than twenty years. Decedent became a resident at Co‐Defendants' facility on 3/03/15. On 3/09/15, at 8:30 a.m., she fell. On 3/10/15, at 8:45 p.m., she began to have diarrhea and was given Immodium. On 3/10/15, at 10:50 p.m., she was found unresponsive and was transferred to the ER. She had a do not resuscitate order, and died a few days lat...