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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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 ...