Excerpt: ...ruzzi v. Garcia et al. LASC Case No. BC658186 in Dept. 3 (the “Petruzzi Action”) and Asad v. Garcia LASC Case No. 17K06062 in Dept. 94 (the “Asad Action”). The complaints in both cases arise from an automobile accident at Crescent Heights and Fountain Blvd. in West Hollywood. Plaintiff David Petruzzi (“Petruzzi”) was a passenger in Defendant Javier Garcia's (“Garcia”) vehicle. Another vehicle driven by Plaintiff Muhammad Asad coll...

Excerpt: ...ithin 15 days of this order. I. Background Facts On November 3, 2017, plaintiff Mahnoor Saif (“Plaintiff”) a minor by and through her guardian ad litem Saima Ellahi filed a complaint against defendants Redondo Beach Unified School District (“District”), Los Angeles County Office of Education (“LACOE”) and Does 1 to 100 alleging causes of action for premises liability and negligence stemming from injuries Plaintiff suffered while on th...

Excerpt: ...ed 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 hanging party decorations to prepare the premises for a birthday party. Plaintiff alleges Defendants provided Plaintiff the defective ladder despite having knowledge of its defective condition. The Court o...

Excerpt: ... allegations and the same statutory basis, no leave to amend is granted. Los Angeles Unified School District is ordered to file an answer within ten days of this order. I. Background Facts On February 5, 2018, plaintiff DT (“Plaintiff”), a minor through her guardian ad litem Cheryl Thomas filed a complaint against defendants Los Angeles Unified School District (“LAUSD”) and Does 1 to 100 alleging causes of action for negligence and neglig...

Excerpt: ...s A. Bernal, and Does 1 – 100 for alleged personal injury arising out of a December 21, 2015 vehicle collision. Plaintiff alleges City's employee, Bernal, made a sudden left turn in front of Plaintiff's car. Plaintiff's responses to Defendants' Form Interrogatories set forth physical injuries to the Plaintiff's cervical spine (neck), lumbar spine, bilateral arms, chest, and left knee as a result of the motor vehicle accident. (Pinder Decl., ¶ ...

Excerpt: ...ion briefing be included in the trial binders in Tab B along with any motions in limine filed in the case. The Court recognizes that CRC Rule 3.57(c) states, “A motion in limine may not be used for the purpose of seeking an order to try an issue before the trial of another issue or issues,” and thus this order should not be construed in a way that contradicts this rule. Defendant may direct the trial court to this order, which should not be c...

Excerpt: ... is DENIED in its entirety. On February 2, 2017, Plaintiff Yanzhen Chen (“Chen”) and Shichun Zhu (collectively, “Plaintiffs”) filed their complaint, asserting causes of action against Defendants Los Angeles Boys and Girls Club (“The Club”), Los Angeles Boys and Girls Club Foundation (“Foundation”) (collectively, “Defendants”) and Does 1-25 for negligence and loss of consortium. Plaintiffs allege that Plaintiff Chen was a guest...

Excerpt: ...”) and Betty Arvizu (collectively, “Plaintiffs”) filed this action against Defendants Pablo Coronado, Sogno Toscano Tuscan Dream, Inc. and Does 1-10 for (1) Negligence, (2) Negligence and (3) Loss of Consortium. Plaintiffs allege that J. Arvizu sustained injuries in a September 25, 2015 rear-end motor vehicle collision. On March 9, 2017, Zurich American Insurance Company filed its Complaint-In-Intervention against the aforesaid defendants f...

Excerpt: ... continued the trial date four times previously, and it is now set for 10/10/18. At this time, Defendant moves to continue the trial date for approximately six months, from 10/10/18 to 4/10/19. Of note, all parties to the action have stipulated to the requested continuance (Exhibit B to moving papers). Defendant establishes that Plaintiff is contemplating surgery for injuries claimed to be a result of the accident, and his condition is not stable...

Excerpt: ...��Ekimyan”), Tommy Express Car Wash (“TECW”) and Does 1 to 20. On May 4, 2018, Plaintiff filed a first amended complaint (“FAC”) after the Court sustained a demurrer and granted a motion to strike. The FAC alleges causes of action for (1) negligence, (2) battery and (3) assault. The Court notes that while the first page of the FAC lists Plaintiff's causes of action as (1) negligence, (2) battery and (3) assault (FAC p.1), the FAC later ...

Excerpt: ...o Count One and Count Two of the first cause of action as well as the demurrer to the second cause of action without leave to amend since Plaintiff cannot reasonably amend the pleading to state a cause of action that is not duplicative of Count Three of the first cause of action. I. Background Facts On May 17, 2018, plaintiff George Knoche (“Plaintiff”) filed a complaint against defendants County of Long Beach (“City”) and does 1 to 10. O...

Excerpt: ... leave to amend as to the First Cause of Action only. The Motion to Strike the allegations of and the prayer for punitive damages is MOOT. I. Background On April 13, 2018, plaintiff Melanie Doyle (“Plaintiff”) filed this action against defendants Ellis Family Stores LLC (“Ellis”), David Juarez (“Juarez”), Jerry Gordon (“Gordon”) and Does 1 to 20 alleging causes of action for (1) intentional infliction of emotional distress, (2) ne...

Excerpt: ...or Physical Examination. The examination date was set for March 2, 2018. The parties agreed to continue the date to March 15, 2018, due the unavailability of the examining physician. On March 15, 2018, Plaintiff was unable to appear for the examination, due to alleged hospitalization. The examination was continued to April 3, 2018. Plaintiff failed to appear for this examination as well. Defendant moves to compel the examination pursuant to Code ...

Excerpt: ...intiff alleges Jogani was negligent in failing to inform her primary care physician, Shirazi, of the results of her colonoscopy; she alleges this failure resulted in her condition going untreated and ultimately becoming cancerous. 2. Prior Hearing The Court was originally scheduled to hear this motion on 6/13/18. Prior to the hearing, the Court issued a tentative ruling granting the motion on two grounds: first, that Plaintiff's expert was not an...

Excerpt: ...F'S UNOPPOSED MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES (SET ONE) PROPOUNDED TO DEFENDANTS AND REQUEST FOR SANCTIONS Dept. 3 1:30 p.m. July 24, 2018 Plaintiff Farmers Insurance Exchange's Motions to Compel are Granted. Defendants are ordered to serve verified responses to the outstanding discovery, without objections, within twenty days. Plaintiff's request for sanctions is granted in the amount of $620.00. Defendants are ordered to pay sa...

Excerpt: ...wned by Cassell and rented by Mazza. Defendant Mazza has subsequently filed a cross-complaint against Plaintiff for indemnity/contribution. Trial is currently set for October 11, 2018. On June 21, 2018, Defendant Cassell filed this motion to continue trial to December 3, 2018 because Cassell's motion to compel the execution of HIPAA compliant authorizations for Plaintiff's out- of-state medical records is set to be heard on August 22, 2018. Casse...

Excerpt: ... his counsel's failure to appear at trial. Plaintiff's motion is granted. “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect…Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no mo...

Excerpt: ...that on or about December 18, 2014, she tripped on electrical wiring on Defendants' property because Defendants failed to maintain the property in a safe condition. Plaintiff's complaint alleges that as a result of the incident, she sustained injury to her nervous system and person, which have caused her great mental and physical pain, and pain and suffering. (Motion Exh. C.) Further, Plaintiff alleges that she will be permanently disabled. (Id.)...

Excerpt: ...enter, Zuckerman & Rowley (“Counsel”), filed a Motion to Be Relieved as Counsel and a Declaration in support. 2. Law Regarding Applications to Be Relieved as Counsel The attorney in an action may be relieved at any time before or after judgment or final determination either upon order of the court, or upon consent of both client and attorney. (Code Civ. Proc., § 284.) An attorney moving to be relieved as counsel must submit the following for...

Excerpt: ...a passenger when their car collided with Brozek's car. When Brozek filed his answer, he concurrently filed a cross-complaint against Jamerson for equitable indemnity, contribution, and declaratory relief. On 4/11/18, Jamerson filed a motion for judgment on the pleadings directed at the cross- complaint. He failed, with his moving papers, to file a meet and confer declaration in compliance with the newly-enacted CCP §439. The Court therefore cont...

Excerpt: ...alleges the liquid on the floor constituted a dangerous condition on the premises and Defendants owed the plaintiff a duty to inspect, detect and correct all dangerous conditions. Plaintiff alleges that Defendants negligently created a hazardous/dangerous condition on the premises and failed to remedy the condition when they knew or should have known this should be done. Plaintiff alleges Defendant breached its duty of care to the plaintiff, Defe...

Excerpt: ...nstant case arises from a traffic collision. On June 4, 2018, Defendant moved to compel further responses for: 1) Request for Production of Documents Nos. 5 and 6 served upon Mary; 2) Request for Production of Documents Nos. 5 and 6 served upon Katlin; and 3) Form Interrogatories (Set One) Nos. 6.2, 8.3, 8.4, 8.5, 8.7, 8.8, 12.2—12.7, 13.1, 13.2, 14.1, 14.2 and 20.8 served upon Katlin. There is also a fourth motion to compel further responses s...

Excerpt: ...nts, Rodrigo Alberto Galan Marquez, Lusysenia Hernandez, and Jesus Hernandez for damages arising out of an automobile accident. Plaintiffs filed the action on 1/20/17, and Defendants answered on 2/27/17. There has been no law and motion practice in connection with the action; the case was originally set for trial on 7/20/18, but was recently continued to 10/24/18. The discovery cut-off date was not continued to reflect the new trial date. At this...

Excerpt: ...t's premises. Plaintiff suffered soft tissue injuries and a traumatic brain injury as a result of the fall. The TBI continues to cause various health problems and Petitioner anticipates the injury will cause problems throughout Plaintiff's life. At this time Plaintiff, by and through her GAL and attorney of record, has agreed to settle all claims with Defendant for the total amount of $3 million. If the settlement is approved, $20,392.22 will be ...

Excerpt: ... the alleged conduct, but has recovered completely from her injuries at this time. Plaintiff, by and through her attorney and GAL, has agreed to settle all claims with Defendant for the total amount of $8500. If the settlement is approved, $1125 will be paid as attorneys' fees, $686.48 for medical costs, and $5576.22 as costs of suit, leaving a net settlement balance of $1112.30. The Court previously reviewed the settlement and found it fair and ...

Excerpt: ...set for trial on 8/01/18. At this time, Defendant moves to continue trial. He contends he diligently propounded discovery on Plaintiffs, but only recently learned that Plaintiffs' employers do not have any employment records for them, such that Defendant needs to serve written discovery seeking lost earnings records through other avenues. Defendant also needs additional time to secure an expert concerning lost earnings in light of the lack of thi...

Excerpt: ...on for summary judgment, which is 1/08/19. Defendant therefore seeks an order continuing the trial date until after the MSJ hearing date. 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 Bank, N.A. v. Superior Court (1988) 206 Cal.App.3d 918. 919.) Loc...

Excerpt: ... move for summary judgment, contending they were fully stopped when the accident occurred; two other cars were involved in an accident, and ultimately one of them spun out and hit Plaintiffs' vehicle; Moving Defendants' vehicle never made impact with Plaintiffs' vehicle. Defendants provide evidence of the foregoing by way of the declaration of an accident reconstructionist, the parties' deposition testimony, the parties' discovery responses, and ...

Excerpt: ...fendants Does 1 through 50 alleging a cause of action for negligence. The complaint alleges the following: Defendants had a duty to perform maintenance, repair and/or inspections of the elevators located in the Ralph's grocery store located at 12057 Wilshire Boulevard, Los Angeles, CA 90025 (“Subject Store”), in a manner that would allow the elevators to operate in a safe manner that would not endanger the safety of those persons, including s...

Excerpt: ...8; the POS shows Defendant was served on 4/08/18 via substitute service on a co-resident at her home located in Los Angeles, CA, with the papers mailed the next day. A declaration of diligence is included, showing multiple attempts to serve the papers via personal service prior to service by substitute service. 2. Motion to Quash At this time, Defendant moves to quash service of the summons and complaint, contending (a) she did not reside at the ...

Excerpt: ...regorio Aguilar (“Aguilar”), Flavia Vergara (“Vergara”) and Does 1 to 50 alleging causes of action for (1) assault, (2) battery (3) negligence, (4), negligent hiring, (5) intentional infliction of emotional distress and (6) premises liability. The complaint in relevant part alleges the following: 1) McDabs is a medical marijuana dispensary. (Complaint ¶ 8); 2) Aguilar and Vergara are the owners of the property where McDabs is located. (I...

Excerpt: ...r treat her endocarditis, which resulted in injuries and damages. At this time, Dr. Shanna Cox, M.D. moves for summary judgment, contending she complied with the standard of care at all times, and nothing she did caused or contributed to Plaintiff's claimed injuries or damages. Dr. Cox saw Plaintiff in the emergency room before she was ultimately transferred to another facility for ongoing care. Defendant supports her motion with the expert decla...

Excerpt: ...t of the accident, and Defendant previously had Plaintiff examined by an orthopedic doctor to evaluate her injuries. At this time, Defendant moves to compel Plaintiff to sit for a second IME, this time with a neurologist. Defendant seeks to compel this second examination because Plaintiff also claims she has a condition called trigeminal neuralgia, which condition was managed by medication prior to the accident, but was exacerbated after the fall...

Excerpt: ...rice Transfer Inc (“Price Transfer”), Price Transportation and Does 1 through 100 alleging causes of action for (1) motor vehicle, (2) general negligence and (3) premises liability. The complaint alleges that on January 14, 2016, the defendants negligently and carelessly owned, operated, maintained their premises so as to cause Plaintiff to fall from a truck/vehicle trailer while operating a forklift within the vehicle trailer on the premises...

Excerpt: ...fered lacerations and scars to his face as a result of the accident, but has fully recovered. At this time Plaintiff, by and through his GAL and attorney of record, has agreed to settle his claims with the Ahns for the total amount of $60,265.00, Pasadena Presbyterian Church for $500, and Med Pay for $4770.00. Petitioner proposes to use $5329 to pay outstanding medical bills, $7107.82 for attorneys' fees, $3098.18 for costs of suit, and to place ...

Excerpt: ...es of the trial date, and on 5/15/18 the Court granted Plaintiff's ex parte application to continue the trial date. Trial is currently scheduled for 8/29/18. When the Court granted the application to the continue the trial date, the Court did not grant Plaintiff's companion request to continue the discovery cut-off to reflect the new trial date; the Court instructed Plaintiff to seek such relief by way of noticed motion. At this time, Plaintiff m...

Excerpt: ...lpractice resulting in the death of Decedent, Andrew Stoddard. The plaintiffs includes Decedent's wife and two minor children. 2. Motion for Trial Setting Preference At this time, Plaintiffs move for trial setting preference per CCP §36(b). §36(b) provides: (b) A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the...

Excerpt: ...neously named himself as a defendant in the caption of each of the two causes of action, and moves for leave to ensure the causes of action are articulated solely as being brought by Plaintiff and against Defendants. The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. (CCP §§473 and 576.) Judicial policy favors resolution of all disputed matters between the parties and, therefore, l...

Excerpt: ...laintiff substituted in her current attorney of record. On 6/06/18, through her new attorney, Plaintiff filed the instant motion for leave to amend her complaint. The causes of action in the proposed amended complaint are the same as those set forth in the original complaint. The crux of Plaintiff's position is that her new attorney realized that the complaint was not pled with sufficient specificity, and seeks leave to add specific allegations s...

Excerpt: ... Huntington Park for wrongful death and survival claims arising out of alleged medical malpractice. At this time, Defendant moves for an order compelling joinder of all necessary parties or, in the alternative, staying the action until all necessary parties have been joined in the action. Defendant provides evidence, by way of Plaintiff's deposition testimony, that there are two additional heirs who are not named as plaintiffs in this action – ...

Excerpt: ...rt granted the motions and ordered Defendants to respond and pay sanctions. At the hearing, Plaintiffs mentioned outstanding RFAs. Defendants indicated they were not aware of any outstanding RFAs. The Court, according to Defendants, asked Plaintiffs to again provide the RFAs to Defendants for responses. On 5/14/18, Plaintiffs sent an additional meet and confer letter regarding the RFAs; the letter asked for responses before 5/21/18. On 5/24/18, P...

Excerpt: ...dant, Clayton Przekop. The POS shows Defendant was served via substituted service at 3966 Berry Avenue, LA, CA 90066 on 5/09/18 via substituted service on Christina Doe, with the papers mailed thereafter. At this time, Defendant moves to quash service of the summons and complaint. Defendant contends he does not reside at the address where he was purportedly served, and instead resides in Oakland. Notably, Defendant does not provide any evidence i...

Excerpt: ...d Plaintiff and Defendant to go outside to discuss an issue. Plaintiff seeks imposition of punitive damages against Defendant in connection with the complaint. At this time, Defendant seeks an order that the trial be bifurcated such that trial of “the issue of punitive damages” be heard after trial on the issue of liability. The motion is not entirely clear on what is meant by “the issue of punitive damages.” Defendant's motion to bifurca...

Excerpt: ...nded RFAs and RPDs on each of the two defendants. Defendants responded, and the parties met and conferred. The parties ultimately participated in an informal discovery conference on 4/17/18. The IDC resolved the majority of the issues presented by way of the motions. On 6/11/18, Plaintiff filed “amended” notices of motion concerning each of the sets of discovery at issue. In these amended notices of motion, Plaintiff argues certain responses ...

Excerpt: ...�), Howard Johnson International Inc (“Howard Johnson”) and Does 1 through 50 alleging causes of action for general negligence against each defendant. On April 23, 2018, Plaintiff filed a first amended complaint (“FAC”) alleging causes of action for (1) general negligence including count 1 – negligence of employees and count 2 – negligent training; and (2) premises liability. The FAC in relevant part alleges the following: 1) Plaintif...

Excerpt: ...“Plaintiff”) filed a complaint against defendants Marc Sean Lapsley Sr (“Lapsley”), Perris Valley Auto Center (erroneously sued as Perris Valley KIA Inc.) (hereinafter “Perris Valley”) and Does 1 to 25 alleging causes of action for (1) negligence, (2) negligence per se, (3) motor vehicle owner liability, (4) violation of Vehicle Code section 14606, (5) violation of Vehicle Code section 14604, (6) negligent entrustment of motor vehicle...

Excerpt: ... first, a cause of action for negligence arising out of the accident itself, and second, a cause of action for declaratory relief arising out of the parties' pre-litigation settlement negotiations. The parties take conflicting positions concerning whether those negotiations resulted in a binding settlement, and Plaintiff seeks declaratory relief concerning the issue. At this time, Plaintiff moves to bifurcate the declaratory relief cause of actio...

Excerpt: ...uently dismissed the City as a defendant, leaving only Bali as an active defendant at this time. Plaintiff's charging allegations are found at ¶¶7 and 8 of her complaint, which allege as follows: 7. On October 8, 2014, in the evening, Inglewood caused Bali to perform necessary repairs in the public street named Osage in the city of Inglewood and further caused a hole to be dug in the street and covered up with metal plates in the evening when a...

Excerpt: ...sortium, leave to amend will only be granted if Plaintiff can make an offer of proof at the hearing on how the complaint can be reasonably amended. I. Background On June 30, 2017, plaintiff Marcos Salazar (“Plaintiff”) filed this action against Valley Presbyterian Hospital, Valley Presbyterian Hospital Foundation alleging causes of action for (1) general negligence, (2) medical malpractice and (3) loss of consortium. The complaint in relevant...

Excerpt: ... Thereafter, Plaintiff relocated to Victorville, in adjacent San Bernardino County. 2. Matters on Calendar At this time, Defendants move to compel Plaintiff to attend a deposition in Rancho Cucamonga, and also to attend an IME in Long Beach. Defendants also seek imposition of sanctions. a. Initial Note Opposition to the motions was due on or before 6/08/18. The Court has not received opposition to the motion. b. Motion to Compel Deposition Defend...

Excerpt: ...n make an offer of proof at the hearing on how the complaint can be reasonably amended to state a claim for IIED. As to the fourth cause of action, only plaintiff Claudia Hall is granted fifteen days' leave to amend. The Motion to Strike is GRANTED in entirety. As to punitive damages, leave to amend will only be granted if Plaintiffs can make an offer of proof at the hearing on how the complaint can be amended to warrant punitive damages. As to t...

Excerpt: ...Background On March 8, 2018, plaintiff Courtney Leibowitz (“Plaintiff”) filed this action against Shirin Rahmani (“Rahmani”), Dina Atalla-Mikhael, DM Clinical Collaborations Inc dba JJ Trinity Compounding Pharmacy and Does 1 through 25 alleging causes of action for medical malpractice and pharmacy malpractice The FAC in relevant part alleges the following: 1) Beginning on or about November 11, 2011, Rahmani and Does 1 to 15 medically trea...

Excerpt: ... to file an answer within ten days of this order. I. Background On April 6, 2018, plaintiff Timothy Brian Young (“Plaintiff”) filed this action against City of Los Angeles (“City”), Drake Terrace Homeowners Association Inc (“Drake”) and Does 1 through 100 alleging causes of action for (1) liability pursuant to Government Code sections 835 and 945, (2) liability pursuant to Government Code section 815.2 and 945, (3) general negligence ...

Excerpt: ... for summary judgment, which is 12/19/18. 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 lim...

Excerpt: ...to serve timely responses, and served tardy responses on 3/18/18; she did not respond at all to RFA 4 or to form interrogatories 6.1., 7.1, 7.2, 8.2, and 17.1 (as it relates to RFAs 1, 2, 3, 11, and 14). On 4/30/18, Defendant sent a meet and confer letter. Plaintiff has not, to date, served responses to the subject discovery. 2. Initial Note On 6/11/18, Plaintiff filed opposition to the motions. Opposition was due on or before 6/06/18. The same d...

Excerpt: ...filed her operative First Amended Complaint. On 10/06/17, Defendants answered the FAC. On 5/23/18, Plaintiff filed the instant motion for leave to amend. Plaintiff seeks leave to add two additional defendants to the action. Plaintiff provides evidence that she knew, from the date of the accident forward, that there were three vehicles involved in the accident, but she did not know the identity of the third driver. During the course of discovery, ...

Excerpt: ...ges Defendants were negligent, in that they allowed the floor to accumulate rain and become slippery. Plaintiff filed his complaint on 1/07/14. The parties engaged in no law and motion practice throughout the course of the action, but did agree to continue the trial date multiple times. The original trial date of 7/07/15 was ultimately continued, by multiple stipulations between the parties, to 10/27/17. 10/10/17 EX PARTE APPLICATION The depositi...

Excerpt: ...l distress. The complaint includes a prayer for punitive damages. On April 17, 2018, Simmons filed a demurrer to the complaint with a May 9 hearing date. On April 26, 2018, Plaintiff filed a first amended complaint (“FAC”) with a proof of service dated April 26, 2018. On May 9 the tentative was to deem the demurrer moot in view of the FAC. Plaintiff did not appear at the hearing but Defendant did and counsel represented that she had not recei...

Excerpt: ...ative, they seek summary adjudication of each cause of action (general negligence and motor vehicle negligence) in the complaint. The motion is denied. As Defendant argues, Plaintiffs did not address or attempt to prove the amount of their damages (while Plaintiffs did indicate an amount of damages for their car, they did not address the amount of damages they are seeking for personal injuries sustained in the accident). See facts 10 and 11 in th...

Excerpt: ...intiff filed her complaint on 6/11/15, and the matter was originally set for trial on 12/12/16. The parties agreed to continue the trial date twice by stipulation, and trial is currently scheduled for 7/20/18. At this time, Defendant, with Plaintiff's agreement, moves to continue the trial date for approximately three months, from 7/20/18 to 10/1918. The parties establish that the case has been made complicated by Defendant's cross-complaint for ...

Excerpt: ...aintiff has not served responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Plaintiff, through Counsel, opposes the motions. Counsel declares, “I was unable to respond because I lost all contact with my client, Paul Cross. The last time that I was in contact with the plaintiff was towards the end of 2017. At that time, Mr. Cross had moved to a nursi...

Excerpt: ... to quash on 5/23/18. Prior to the hearing, the Court issued a tentative ruling denying the motion on the ground that the motion, as drafted, was so confusing that the Court could not grant the relief sought. At the hearing, Plaintiffs appeared and successfully argued for a continuance of the hearing and permission to file new papers. On 5/29/18, Plaintiffs timely filed an amended motion to quash. Per Court order, opposition to the amended motion...

Excerpt: ...ns which was filed 12/21/17. The Court continued the hearing to 3/22/18 to permit the parties to brief the issue of Defendant's appearance or non-appearance at deposition. Prior to the 3/22/18 hearing, the Court issued a tentative ruling granting the motion for sanctions. However, on the date of the hearing, Defendant came to Court and argued the entire case was stayed. The Court continued the hearing for briefing on the issue of whether the case...

Excerpt: ...int 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. On 3/27/18, the Court was scheduled to hear Defendant's motion to continue the trial date for approximately four months, from 5/08/18 to 9/11/18. Prior to the hearing, the Court issued a tentative ruling that provided, in pertinent part: Of note, all parties to the action agree to the requested continuance. Defenda...

Excerpt: ...aintiff alleges Jogani was negligent in failing to inform her primary care physician, Shirazi, of the results of her colonoscopy; she alleges this failure resulted in her condition going untreated and ultimately becoming cancerous. 2. Motion for Summary Judgment a. Moving Burden At this time, Dr. Jogani moves for summary judgment on the complaint against him. He contends his care and treatment of Plaintiff complied with the standard of care at al...

Excerpt: ...xpert information, but Plaintiff failed to do so. At this time, Plaintiff moves for leave to submit tardy expert designations, contending his failure to submit a timely designation was the result of his attorney's mistake and/or excusable neglect. Plaintiff's motion was set on shortened time at a 6/01/18 ex parte hearing. Trial is currently scheduled for 6/27/18. 2. Law Governing Tardy Expert Designation If a party fails to timely designate its e...

Excerpt: ...s not, to date, filed proof of service of the summons and complaint. The case was scheduled for an FSC on 8/22/17 and trial on 9/08/17. Plaintiff did not appear at the FSC or the trial, and on 9/08/17, the Court dismissed the case. 2. Prior Motion to Set Aside Dismissal The Court was previously scheduled to hear Plaintiff's motion to set aside dismissal on 4/24/18. Prior to the hearing, the Court issued the following tentative ruling: On 3/26/18,...

Excerpt: ...ents) propounded by Defendant on one of the two plaintiffs. Defendant propounded the subject discovery on Plaintiffs on 2/07/18. To date, despite an attempt to meet and confer, Plaintiffs have not served responses. Defendant therefore seeks an order compelling Plaintiffs to respond, without objections, to the outstanding discovery and to pay sanctions. Defendant's motions are granted. Plaintiffs are ordered to serve verified responses to form int...

Excerpt: ... injury sustained when a Genie lift pinned him against a large truss. Plaintiff alleges he was working in the course and scope of his employment with Global Experience Specialists, Inc. (“GES”) when he was injured. On 2/19/18 GPJ filed a cross-complaint against GES for indemnification and related claims. GPJ and GES attempted to meet and confer. On 5/14/18 GES filed the instant motion for judgment on the pleadings on GPJ's cross-complaint. 2....

Excerpt: ...f is granted twenty days' leave to amend the first cause of action to include allegations of negligence per se. I. Background Facts On November 15, 2017, plaintiff Julio Pineda (“Plaintiff”), filed a complaint against defendants Harbor Distributing LLC, Harbor Distributing Co., Allied Beverage, Allied Reyes Holdings LLC, Reyes Beverage Group, Gabriel Duran and Does 1 to 50 alleging (1) motor vehicle negligence, negligent entrustment, negligen...

Excerpt: ...laintiff alleges Decedent passed away on 5/16/17, but she did not learn his cause of death until 12/11/17. She presented a claim and application for leave to file a late claim to Defendants on 5/09/18. Plaintiff filed a complaint for damages against Defendants on 5/14/18. She then filed this petition for relief from claims requirement on 5/15/18, contending she seeks relief in an abundance of caution due to the upcoming one-year statute of limita...

Excerpt: ...intiff”), filed a complaint against defendants Sean Xia M.D., (“Xia”), Pacific Alliance Medical Center (“Pacific”) and Does 1 to 100 alleging a cause of action for medical malpractice. On April 17, 2018, Plaintiff filed a first amended complaint (“FAC”). The FAC alleges that on March 24, 2017, the defendants negligently provided medical care and treatment to Plaintiff thereby causing Plaintiff injury. (FAC ¶ 19-20.) The negligent m...

Excerpt: ...ff ultimately provided additional responses, and on 5/31/18, Defendant filed a Declaration of Counsel indicating the motions are substantively moot at this time. Defendant, however, continues to seek imposition of sanctions because Plaintiff's conduct made the filing of the motions necessary. Absent a showing of good cause and/or substantial justification, sanctions are mandatory per CCP §§2030.290(c) and 2031.300(c). Plaintiff failed to oppose...

Excerpt: ..., and a second set of supplemental discovery. Plaintiffs responded to the second set of supplemental discovery, but Defendant did not. At this time, Plaintiffs move to compel Defendant to respond to the second set of supplemental discovery. The parties agree that CCP §§2031.050(b) and 2030.070(b) do not permit the discovery at issue; those sections permit only one set of supplemental discovery after the initial trial date is set. The parties di...

Excerpt: .../17, Plaintiff added Village Green East Homeowners Association as Doe 1. Plaintiff alleges Village Green owned the property adjacent to the sidewalk where he fell, and alleges Village Green's tree roots caused the defect on which he tripped. Village Green filed a motion to quash service of the summons and complaint; after the motion was denied, it filed an answer to the complaint on 11/28/17. At this time, Village Green moves to continue trial. I...

Excerpt: ...pped and fell on a sidewalk for which some or all Defendants were responsible. On 3/06/18, the Court granted Defendant, Chase's motion to dismiss the case. On 3/21/18, Defendant timely filed and served a memorandum of costs. On 5/04/18, the Court heard Plaintiff's motion to strike and/or tax costs. The Court issued a tentative ruling granting the motion in part and denying the motion in part. At the hearing, the Court's order became final, with o...

Excerpt: ...s against Defendants. Specifically, Plaintiff alleges that, on 2/01/17, he was using an exterior staircase when a defect in the staircase caused a stair to break off, and he sustained injuries. He alleges he reported the incident to Defendants, and they chose to take no action or inappropriate action, which choice was motivated for their own desire to make a profit over their concern for the safety and wellbeing of others. Plaintiff alleges that,...

Excerpt: ...f a dog attack. Plaintiff sustained injuries to her right breast as a result of the attack. Plaintiff filed her complaint on 8/24/15. On 12/01/15, she filed proof of service of the summons, complaint, statement of damages, and related documents on Defendants, William Bergenholtz and William Bergenholtz as Trustee for the Wilfred Willard Bergenholtz Trust (collectively “Bergenholtz”). Both proofs of service show service on Bergenholtz via subs...

Excerpt: ...e 8/24/17 trial, and on 8/24/17 the Court dismissed the case for failure to prosecute. On 11/08/17, the Court heard and granted Plaintiff's motion to vacate the dismissal. The Court ruled: The Court has discretion to vacate a dismissal under Cal. Code Civ. Proc. §473. The motion must be made within “a reasonable time,” not exceeding six months. Here, Plaintiff's counsel adequately showed excusable neglect (calendaring error). Counsel filed t...

Excerpt: ...two extensions of time to respond, Defendant has not served responses. Plaintiff therefore seeks an order compelling Defendant to respond, without objections, to the outstanding discovery and to pay sanctions. As an initial note, only one filing fee was paid for the motion to compel, which actually consists of three motions. Plaintiff is ordered to pay two additional fees and bring proof of payment to court on the day of hearing. If the additiona...

Excerpt: ...of injuries sustained when a soccer goal collapsed on him. The minor plaintiff suffered a variety of injuries as a result of the incident, but has recovered completely at this time. Plaintiff, by and through his GAL and attorney, has agreed to settle this action with Defendant for the total amount of $100,001. If approved, $4118.47 will be used for medical bills, $40,000 for attorneys' fees, and $3279.43 for costs of suit. Petitioner proposes to ...

Excerpt: ...s on 4/25/18. Prior to the hearing, the Court issued a tentative ruling granting the motion for terminating sanctions and denying all other requests for relief. Both parties, through their attorneys of record, appeared at the hearing. Plaintiffs represented that they had served verified responses, without objections, on the same date as the hearing, and requested a ruling denying the motion. Defendant indicated an intent to review the responses p...

Excerpt: ...on briefing be included in the trial binders in Tab B along with any motions in limine filed in the case. The Court recognizes that CRC Rule 3.57(c) states, “A motion in limine may not be used for the purpose of seeking an order to try an issue before the trial of another issue or issues,” and thus this order should not be construed in a way that contradicts this rule. Plaintiff may direct the trial court to this order, which should not be co...

Excerpt: ... (“Plaintiff”), filed a complaint against defendants Alco Holding Co (“Alco”), Alcoinvest LLC (“Alcoinvest”), New Era Investments LLC (“New Era”) and Does 1 to 100 alleging causes of action for general negligence and premises liability. The complaint alleges that on February 11, 2015, while lawfully on the defendants' premises, Plaintiff was injured when a sliding gate located at the premises crushed Plaintiff's hand. (Complaint p...

Excerpt: ...ve an objection to Defendant's notice of deposition or file a motion for a protective order concerning the deposition. At this time, Defendant moves to compel Plaintiff to complete her deposition. CCP §2025.450(a) provides, in pertinent part: If, after service of a deposition notice, a party to the action … without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, … the party givi...

Excerpt: ... Facts Deborah Bruggman and her husband witnessed the accident. The husband has already been deposed, and his testimony is not at issue at this time. On 12/07/17, Defendant had a deposition subpoena for personal appearance served on Deborah Bruggman (hereafter “Bruggman”), and also propounded a Notice of Deposition on Plaintiffs; Defendant set Bruggman's deposition for 1/08/18. Plaintiffs' attorney was not available on 1/08/18, and on 12/29/1...

Excerpt: ...ants Armen Movsesyan dba Monroe Salon Inc and Does 1 to 50 alleging a cause of action for general negligence. Plaintiff alleges that on March 17, 2017, the defendants' agent negligently provided an eyebrow tattoo service to Plaintiff at the defendants' salon thereby causing Plaintiff injury. (Complaint p.4 GN-1.) On May 9, 2018, Armen Movsesyan dba Monroe Salon Inc (“Demurring Party”) filed a demurrer and an answer. Plaintiff failed to file a...

Excerpt: ...mitations bar. I. Background On March 23, 2018, plaintiff Robertson's Transport LTD (“Plaintiff”) filed this action against Cirilo Molina Rodriguez (“Rodriguez”), Mejia Auto Transport Inc (“Meija”) and Does 1 through 20 alleging a cause of action for negligence. The complaint alleges that on March 21, 2015, the defendants negligently and carelessly owned and operated a motor vehicle and caused a collision with Plaintiff's vehicle ther...

Excerpt: ...ime, Plaintiff seeks an order continuing the hearing on the summary judgment motion pursuant to CCP §437c(h). Plaintiff contends a continuance is necessary because a non-party witness, Juan Arias, has been located, but he has not yet been deposed. Plaintiff contends Arias will testify that he told a cashier about the soapy film on the floor where Plaintiff fell prior to her fall. Because Defendant's motion is made on the grounds of lack of actua...

Excerpt: ...reatment of Plaintiff's husband. Plaintiff filed the action, in pro per, on 12/02/16. Defendant filed his answer on 2/03/17. There was no law and motion practice and no activity in the case between the filing of the answer and 4/16/18, when Plaintiff filed a substitution of attorney naming Any Moskovian, her daughter, as her attorney of record. Plaintiff, through her new attorney, twice sought ex parte orders continuing the trial date and related...

Excerpt: ...tiff was employed by non-party, Mighty Trucking at the time of the incident. Plaintiff alleges he was assigned, during his employment, to make a delivery to KLM, which was a tenant on Menzies' property. In order to make the delivery, he alleged he was required, by Menzies, to open a large and defective door. The door collapsed, causing him to sustain injuries. Plaintiff made a workers' compensation claim as a result of his injuries, and BC651970 ...

Excerpt: ...or vehicular manslaughter in connection with the incident that gives rise to this wrongful death action. 2. Motion for Stay of Proceedings At this time, Defendant moves to stay the proceedings herein, contending she cannot meaningfully participate in discovery without implicating her fifth amendment privilege. Plaintiffs oppose the motion, arguing a blanket stay is not appropriate and objections should be raised and considered on a question by qu...

Excerpt: ... seeks an order continuing the trial date and the related discovery cut‐off date. Defendant argues the relief at issue is necessary because:  Defendant has been unable to obtain Plaintiff's medical records from the Los Angeles Air Force Base Clinic;  Defendant has been unable to complete Plaintiff's IME;  Plaintiff recently revealed that she has been treated with additional medical providers, and Defendant needs time to review these ne...

Excerpt: ...clares he served the moving papers on his client via mail at an address that has been confirmed by certified mail and Defendant's website. Counsel filed proof of service on Plaintiff, Vernon Hawthorne and Co‐Defendant, Vons. Counsel failed, however, to file proof of service on Client. The motions is therefore denied without prejudice. The Court notes that Counsel failed to fill in portions of the judicial council mandatory declaration form. Spe...

Excerpt: ...changed expert designations at that time. Plaintiff moves to amend her expert designation on the ground that she recently changed insurance companies, and with the change in insurance company, she commenced seeing new treating physicians. Specifically, she contends she is seeing a new primary care doctor (Robert Hosseini) and a new neurologist (Jeffrey Kim). She seeks leave to add these two new treating physicians to her list of non‐retained ex...

Excerpt: ...t. Plaintiff filed his complaint on 10/03/16, and the matter was originally set for trial on 4/02/18. The parties agreed to continue the trial date by stipulation, and trial is currently scheduled for 6/04/18. At this time, the parties jointly move to continue the trial date for approximately three months, from 6/04/18 to 9/11/18. The parties establish that Plaintiff has ongoing medical treatment for the injury at issue in this case, and the fina...

Excerpt: ...tained emotional and mental damages as a result. . 2. Motion to Compel CCP §2032.310(a) requires a party who wishes to conduct a mental health examination to obtain leave of court prior to doing so. The noticed motion must show good cause for the examination. Plaintiff concedes, in opposition to the motion, that a mental examination is proper. Plaintiff argues, however, that Defendant's expert should be precluded from two distinct lines of quest...

Excerpt: ...unded RPDs on Defendant, and despite the parties' meet and confer efforts, including an informal discovery conference, the parties have been unable to resolve the issue of whether Defendant's responses to RPDs 3 and 4 are sufficient. RPDs 3 and 4 seek: REQUEST FOR PRODUCTION OF DOCUMENTS NO.3: All photographs of this propounding Plaintiff taken at any time. REQUEST FOR PRODUCTION OF DOCUMENTS NO.4: All video of this propounding Plaintiff taken at...

Excerpt: ...ions, within ten days. The Court also imposed monetary sanctions. On 4/12/18, Defendant filed this motion to dismiss, contending Plaintiff had not complied with the prior order, and terminating sanctions are appropriate at this time. On 4/30/18, Plaintiff filed and served an untimely opposition to the motion. Plaintiff argues terminating sanctions should not be imposed because (a) Plaintiff's attorney's office experienced staffing issues and fail...

Excerpt: ...negligent in connection with Decedent's gastrointestinal bleed and drop in hemoglobin levels. At this time, Dr. Jameel Hourani, D.O. moves for summary judgment, contending he complied with the standard of care at all times, and nothing he did caused or contributed to Decedent's death. Dr. Hourani was the pulmonologist in connection with Decedent's care and treatment. Defendant supports his motion with the expert declaration of Andrew Wachtel, M.D...