Excerpt: ..., “Defendants”) motion to compel Plaintiff's deposition. The Court ordered Plaintiff to appear for deposition as noticed per the Code of Civil Procedure and to pay $1,047.50 in sanctions within 20 days. On the same day, Defendant served Plaintiff with a deposition notice to appear for deposition on January 14, 2019. On January 9, 2019, the Court granted Plaintiff's counsel's motion to withdraw. On January 14, 2019, Plaintiff failed to appear ...

Excerpt: ...t John's Health Center's Motion for Summary Judgment is DENIED. Defendant's Alternative Motion for Summary Adjudication is GRANTED as to the first issue, and DENIED as to the second issue. I. Background Facts On September 26, 2017, Plaintiffs Rebecca Kovacik; Eloise Stoddard, a minor by and through her guardian ad litem Rebecca Kovacik; and Charles Stoddard, a minor by and through his guardian ad litem Rebecca Kovacik (collectively “Plaintiffs�...

Excerpt: ...n (“Plaintiff”) filed the Complaint against Defendants City of Los Angeles, Ralph D. Evans, Jr., and Mary L. Evans for (1) premises liability and (2) general negligence arising from a trip and fall over raised concrete in front of 8449 Glen Crest, Sun Valley, CA. On December 15, 2017, Defendant City of Los Angeles filed an Answer to Plaintiff's Complaint and a Cross- Complaint against Defendants Ralph D. Evans, Jr. and Mary L. Evans. Plaintif...

Excerpt: ...ed this action against Defendants Isabella Hansel, Veronica Klein, Larry Hansel, Robert Kurten Gabriel, Thomas John Gabriel, and DBDJ LLC (collectively, “Defendants”), asserting causes of action for negligence, negligence per se, intentional infliction of emotional distress, negligent entrustment, and providing alcoholic beverages to obviously intoxicated minors. Plaintiffs allege that on January 6, 2018, Plaintiffs left the Bootsy Bellows ni...

Excerpt: ...D without leave to amend. Page 7, paragraph 30 and page 8 line 8 (“punitive damages”) of the Prayer for Relief is stricken from the Second Amended Complaint. Defendant's motion to strike the Second Amended Complaint of the requests in the Prayer for Relief for “loss of financial support,” “professional,” “[f]or Prejudgment Interest,” “[f]or damages for Plaintiff's other economic losses,” and “pre‐trial interest” is DENIE...

Excerpt: ...Lisa Ramirez, deceased; Manuel Ramirez; and Rachel Ramirez's motion to conform filing date of complaint to date of first submission to court is GRANTED. I. Background Facts On January 11, 2019, Plaintiffs Virginia Ramirez, individually and as successor-in-interest to Lisa Ramirez, deceased; Manuel Ramirez; and Rachel Ramirez (“Plaintiffs”) filed a complaint against Defendants Flower Street Lofts; Flower Street Lofts Homeowners Association; Pa...

Excerpt: ...nts' motion to compel attendance at Defense Medical Examination is denied as moot. Defendant's request for sanctions against Plaintiff Ramin Masjedi and Plaintiff's counsel is denied. I. Background This case arises out of an auto versus pedestrian accident that occurred on January 16, 2017. Plaintiff Ramin Masjedi (“Plaintiff”) filed the Complaint against Defendants Phillip Oderberg, Ziquing Mei, and Abraham Arye Daniel (collectively, “Defe...

Excerpt: ...AINTIFFS' REQUEST FOR MONETARY SANCTIONS Dept. 3 1:30 p.m. February 20, 2019 Plaintiffs' Motion to Compel the depositions of Defendant Whittier City School District's employees is denied as moot. Plaintiffs' request for monetary sanctions against Defendant Whitter City School District and its counsel of record is denied. I. Background Plaintiffs Marlene Garcia and J.J., a minor by and through his guardian ad litem Marlene Garcia, filed a complain...

Excerpt: ... tardy expert witness information is GRANTED, and Plaintiff is hereby granted leave to submit her tardy expert information to the parties. I. Background Plaintiff Jacqueline Williams filed this slip and fall action arising out of alleged injuries sustained by Plaintiff on September 24, 2015 while using Defendants' ladder. Plaintiff alleges that Defendants negligently provided Plaintiff a ladder without an end cap while she was handing party decor...

Excerpt: ... 10, 2018, Plaintiff Shoichiro Nakajima (“Plaintiff”) filed a complaint against Defendants Joe's Auto Parks Parking, Eloy Estrada, and Does 1 to 50 for motor vehicle negligence and premises liability. On January 17, 2019, Defendant Eloy Estrada (“Defendant”) filed the instant demurrer to complaint. No opposition has been filed. II. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mir...

Excerpt: ...n Cua for damages arising out of a two-vehicle accident. Plaintiff was a passenger in a vehicle driven by Abdi and owned by Taxi when the vehicle collided with a vehicle driven by Cua. Abdi is in default. Taxi argues the accident was caused mostly by Cua failing to yield the right of way. Cua argues Abdi contributed to the accident by driving well in excess of the speed limit, and also argues Plaintiff contributed to his own injuries by failing t...

Excerpt: ...inst Defendants Round Trip Transport, Inc. and Darlin Rodriguez, for injuries arising from a motor vehicle collision. As against Round Trip Transport, Inc., Plaintiff alleges Defendant was negligent in allowing Rodriguez to drive its vehicle while she was intoxicated. 2. Motion for Summary Judgment a. Moving Argument Defendant Round Trip Transport, Inc., only, moves for summary judgment, on the ground they did not know, or have reason to know, of...

Excerpt: ...ulos on August 16, 2018, for motor vehicle negligence. On December 3, 2018, Defendant served deposition subpoenas on five of Plaintiff's former employers, six of his medical providers, an insurance company, his high school, community college, and university, and the DMV, seeking in the broadest possible terms all employment, medical, school, and driving records about Plaintiff. (Roven Decl., Exh. 1.) These subpoenas are in no way limited in time ...

Excerpt: ...Plaintiff never responded. On 12/19/18, the Court granted Defendant's motion to compel responses to the foregoing discovery, without objections. The Court also imposed monetary sanctions. 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 terminati...

Excerpt: ...ages arising out of an automobile accident. The accident occurred on 9/11/15. Plaintiff filed the action on 6/06/17. Defendant deposed Plaintiff on 6/27/18. Plaintiff testified that he had a prior injury to his neck in 2006, but the symptoms had completely resolved by 2009. Plaintiff also testified that he had surgery (specifically cervical fusion surgery), related to the accident that forms the basis of this action, on 12/06/17, but was healing ...

Excerpt: ...nged expert witness lists, and the Montgomery Defendants noticed the deposition of Plaintiff's expert, Joseph M. Lavi, M.D., for August 24, 2018. The notice of deposition included a demand for production of various documents, including Lavi's “entire file” related to Plaintiff. When Plaintiff failed to produce documents at least three days prior to the deposition, Defendants continued the deposition to September 12, 2018. On August 31, 2018, ...

Excerpt: ...inst Defendant Phillip F. Arrington Jr. On January 22, 2019, Defendant filed the instant motion to strike the complaint. No opposition has been filed. II. Legal Standard The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436(a).) The court may also strike all or any part of any pleading not drawn or filed in...

Excerpt: ...izthak Aboukrat, Ellen Aboukrat and E Z Deals. Plaintiff alleges Yizthak came into Plaintiff's place of business and attacked him, breaking his nose. Yizthak filed a cross-complaint against Plaintiff for assault and battery on March 20, 2018. On August 7, 2018, the parties filed a notice of settlement. On January 4, 2019, Plaintiff filed the instant motion to enforce the terms of the settlement agreement under CCP § 664.6. On February 5, 2019, D...

Excerpt: ... residence, which is located at the Pueblo Del Rio housing complex. The Housing Authority for the City of Los Angeles owns and operates the complex. 2. Motion for Summary Judgment a. Moving Argument HACLA moves for summary judgment on the grounds that it did not have actual or constructive notice of a dangerous condition. b. Dangerous Condition A “dangerous condition” is a condition of public property that creates a substantial risk of injury...

Excerpt: ... § 473.) A motion to amend a pleading before trial must be accompanied by a separate declaration that must specify (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made earlier. (CRC Rule 3.1324(b).) It is not an abuse of discretion of the court to grant the motion unless there is a �...

Excerpt: ... second cause of action. I. Background Facts On October 11, 2017, Plaintiff Steven Hickerson (“Plaintiff”) filed a complaint against Defendants City of Long Beach; County of Los Angeles; State of California; and Does 1 to 50 for (1) premises liability, and (2) general negligence. Plaintiff alleges he sustained injuries when he stepped and fell into a pothole while crossing the street owned, maintained, repaired, managed and/or controlled by D...

Excerpt: ...d two by Defendant. Plaintiffs move to compel deposition of Defendant's Person Most Qualified (“PMQ”) on evidence preservation. Defendant seeks to compel the depositions of Plaintiffs Maria Escobar and Claudia Escobar. A. Plaintiffs' Motion Plaintiffs move to compel deposition of Defendant's PMQ regarding Defendant's efforts to preserve evidence. Plaintiffs' concern is the existence of potential video footage of the golf cart incident. On 4/1...

Excerpt: ... February 13, 2019 Defendant noticed Plaintiff's deposition for 8/28/18. Plaintiff failed to appear. On 9/25/18, Defense Counsel wrote to Plaintiff to attempt to reschedule the deposition; Plaintiff did not respond. At this time, Defendant moves to compel Plaintiff's deposition, to compel production of documents at deposition, and seeks to recover sanctions. Defendant also makes an alternative motion for terminating sanctions. The motion to compe...

Excerpt: ...im for damages arising out of a bus v. van accident. Plaintiff filed her complaint on 11/09/17. On 9/21/18, Plaintiff filed an incorrect name amendment, pursuant to which she changed “Sonika Lafaye” to “Sonika Lafaye Flournoy.” Plaintiff did not file proof of service of the summons and complaint on Lafaye. On 11/02/18, Defendants filed this motion to quash. They contend service of the summons and complaint on Sonika Lafaye should be quash...

Excerpt: ...ept a Notice of Deposition for Plaintiff's wife, Soo Min Lee, and to represent her at her deposition. On 9/17/18, Defendant noticed Lee's deposition for 11/16/18. The attorneys confirmed the deposition on 11/14/18, and Lee indicated she needs a Korean interpreter. The day before the deposition, Plaintiff's attorney asked if the deposition could go forward at an earlier time (it was scheduled for ten a.m.), as he had a last-minute mediation arise ...