Excerpt: ...s cosmetic surgery procedures. 2. Motion for Summary Judgment a. Initial Note re: Continuance The Court was originally scheduled to hear this motion on 12/27/18. Prior to the hearing, the Court issued a tentative ruling granting the motion on the ground that Plaintiff's expert declaration failed to raise triable issues of material fact. At the conclusion of the hearing, the Court continued the hearing to permit Plaintiff to submit a supplemental ...

Excerpt: .... Plaintiff alleges he was injured when his motorcycle came into contact with a pothole. 2. Prior Hearing on Motion for Summary Judgment On 11/26/19, the Court issued an order denying the County's motion for summary judgment. The Court held the County did not meet its moving burden to show it lacked actual notice of the pothole that formed the basis of the lawsuit and that it did not create the condition. 3. Motion for Clarification or Reconsider...

Excerpt: ...n automobile accident. Jasmine and Juliette are minors, and they are appearing through their father and GAL, Rigoberto Carranza. Jazmine suffered a right leg fracture and various soft tissue injuries as a result of the accident. Juliette suffered only soft tissue injuries as a result of the accident. Both minor plaintiffs have recovered completely from their injuries at this time. Unfortunately, Plaintiffs' mother, Mendez, suffered serious and pe...

Excerpt: ...to amend. I. Background Facts Plaintiff Jude Akubuilo (“Plaintiff”) alleges that on or about April 9, 2015, Plaintiff tripped on a crack on a city basketball court and fell; sustaining injuries as a result of the alleged fall. On August 8, 2016, Plaintiff filed a Claim for Damages pursuant to Government Code §911.2 against Defendant City of Rancho Palos Verdes (“the City.”) On September 22, 2016, the Claim was deemed rejected by operatio...

Excerpt: ...rian accident. Plaintiff propounded RPDs on Defendants, and despite the parties' meet and confer efforts, including an informal discovery conference, the parties have been unable to resolve the issue of whether Defendants' response to RPD 7 is sufficient. RPD 7 (erroneously cited as RPD 1 and/or 2 in opposing separate statement) seeks: REQUEST FOR PRODUCTION OF DOCUMENTS NO. 7: All and all photographs and video tapes relating to any place, object...

Excerpt: ...tomobile accident. Plaintiffs are the parents of Aaron Medina-Becerril, who passed away as a result of injuries sustained in the accident. Defendants seek leave of court to take Plaintiff, Ernesto Fuentes's deposition. Fuentes is currently incarcerated at Federal Correctional Institution No. 2, 13777 Air Base Road, Victorville, CA 92394. CCP §§1995, 1996, and 1997 govern depositions of incarcerated persons. They provide, in pertinent part: §19...

Excerpt: ...tiff to serve 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 where imposition of terminating sanctions is appropriate without first imposing issue and/or evident...

Excerpt: ...ers that the bifurcation 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, ...

Excerpt: ...f to serve responses within ten days and to pay 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 terminating sanctions. However, there are circumstances where imposition of terminating sanctions is appropriate without first imposing is...

Excerpt: ...d while Plaintiff was a trainee at Defendant's facility. Plaintiff alleges a patient became unruly and started kicking Plaintiff. Plaintiff alleges Defendant is liable for the incident because Defendant failed to adequately supervise Plaintiff in connection with the incident. The complaint incudes causes of action for general negligence and premises liability. Plaintiff filed his complaint on 11/08/17. Defendant filed an answer on 2/07/18. There ...

Excerpt: ...(statement of damages). Defendants granted multiple extensions of time to respond and also attempted to meet and confer on multiple occasions, but no responses have been served. At this time, Defendants move to compel responses to the outstanding interrogatories and RPDs, move to compel a response to the request for a statement of damages, and seek imposition of sanctions. The motions to compel are conditionally granted. The Court notes that only...

Excerpt: ... per, filed a Judicial Council form complaint against Defendants Los Angeles County Metropolitan Transportation Authority (“Metro”) and Cassandra Scott-Carl Warren & Company TPA for Metro (“Scott'), alleging causes of action for motor vehicle and general negligence. On February 14, 2018, the Court sustained a demurrer to the complaint by Metro with 30 days' leave to amend. The Court also sustained a demurrer to the complaint by Scott withou...

Excerpt: ... 2018, plaintiff Isabel Lopez Hernandez (“Plaintiff”) filed this action against City of Los Angeles (“City”), Samuel Martin and Does 1 through 50 alleging causes of action for (1) motor vehicle and general negligence. On May 23, 2018, Plaintiff filed a first amended complaint (“FAC”). The first cause of action alleges the City and Samuel Martin operated, owned, employed the person who operated, and entrusted the vehicle and were the a...

Excerpt: ...ating she was not available on the unilaterally selected date; the objection also included objections to some of the four categories of documents demanded in the notice of deposition. On 6/11/18, 6/15/18, 6/20/18, 6/22/18, and 7/10/18, Plaintiff attempted to meet and confer to ask for deposition dates. Defendant corresponded on 6/21/18 and 7/12/18, both times indicating an intention to provide dates, but never actually providing dates. On 7/16/18...

Excerpt: ... filed a cross-complaint against Arctic and Union Ice. On 7/27/12, Arctic and Union Ice filed a Notice of Stay of Proceedings because they had commenced bankruptcy proceedings. On 6/06/13, Plaintiff dismissed Arctic; she has not, to date, dismissed Union Ice. None of the cross-complaints have been dismissed. 2. Motion to Dismiss a. Initial Note Defendant originally scheduled this motion to be heard on 4/24/18. The Court issued a detailed tentativ...

Excerpt: ... 1 through 20 alleging causes of action for motor vehicle and general negligence. The complaint alleges that on January 22, 2016, at State Route 91 near Pioneer Blvd. Artesia, California, the defendants negligently owned, operated, maintained, entrusted and drove a vehicle thereby causing special and general damages to Cowan. (Complaint pp.4-5.) On July 3, 2018, Gaspar filed a demurrer to the complaint on the ground that it is barred by the doctr...

Excerpt: ...ing 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 to wear a seat belt. 2....

Excerpt: ...be amended to state a viable claim against Allstate Insurance Company. I. Background Facts On April 4, 2018, plaintiff Kathy Sakuma Fukumoto (“Plaintiff”), in pro per, filed a form complaint against defendants Yan Cheng (“Cheng”), Allstate Insurance Company (“Allstate”) and Does 1 to 10 alleging a single cause of action for motor vehicle negligence. The complaint alleges that on April 5, 2016, when Plaintiff was stopped at a red light...

Excerpt: ...iff has not filed Doe Amendments naming Teri Yoshitake, M.D. and/or Jennifer Guerra, P.A. as defendants in the action. She did, however, file proof of service of the summons and complaint on Yoshitake and Guerra on 6/15/18, showing they were served by substitute service on 5/15/18. In May and June 2018 Plaintiff's Counsel sent faxes to Defendants' Counsel inquiring about depo dates for the deponents involved in this motion. Defense Counsel replie...

Excerpt: ...s condition in her apartment. Specifically, Plaintiff alleges she tripped and fell due to a nail sticking out of a transition strip on the floor separating her entryway from her living room. Plaintiff brought suit for premises liability and negligence. On 3/13/18, the Court heard and granted Defendants' motion for summary judgment on the ground that Defendants lacked notice of the nail protruding from the transition strip in the apartment. On 5/2...

Excerpt: ... moves to strike the prayer for punitive damages and related supporting allegations. Plaintiff bases the prayer for punitive damages on the allegation that Defendant, at the time of the accident, was using a cell phone without a hands-free device. Civil Code §3294 authorizes the recovery of punitive damages in non-contract cases “where the defendant has been guilty of oppression, fraud, or malice, express or implied . . . .” “Malice” is ...

Excerpt: ...angerous condition on Defendant's property. Plaintiff filed his complaint on 4/02/18. The complaint alleges that the injury occurred on Disney's property in Anaheim, but alleges, “Plaintiff is informed and believes, and thereon alleges, that defendant' Walt Disney Parks And Resorts US, Inc. (hereinafter “Disney”) at all times relevant was a. corporation with its corporate office in California at 500 South Buena Vista Street, Burbank, Califo...

Excerpt: ...same body parts at issue in this action, and (b) Defendants recently learned that, despite their prior belief to the contrary, Plaintiff had not sat for an IME. The Court denied the application, finding lack of irreparable harm, and noting Defendants' lack of diligence concerning the IME. On 7/02/18, Defendants filed an ex parte application to continue the trial on the ground that their defense expert was not available for the 7/30/18 trial date....

Excerpt: ...LC and Anschutz Entertainment Group, Inc. as Does 1 and 2, respectively. The AEG Defendants noticed Plaintiff's deposition on 4/16/18, setting her deposition for 6/07/18. Plaintiff served an objection on 5/30/18, indicating she was not available on the unilaterally selected date. The parties met and conferred, and Plaintiff indicated that neither she nor her attorney was available in June or July, and she would be out of the country in August and...

Excerpt: ...terprises, Inc., erroneously sued as South Bay Galleria, noticed Plaintiff's deposition on 10/27/17, setting her deposition for 12/18/17. This date was unavailable (it is not clear to whom), and Defendant served an additional notice of deposition on 3/12/18, setting the deposition for 5/08/18. On 5/07/18, Plaintiff's attorney called to indicate Plaintiff would not be available the next day. The parties discussed alternative dates, but the issue w...

Excerpt: ...4/20/18; each POS shows service via substitute service on John Doe, co-occupant, with the papers mailed thereafter. A declaration of diligence is attached. On 6/12/17, at Plaintiff's request, the Clerk entered Defendants' defaults. On 6/14/17, Defendants filed an answer, which was not rejected by the Clerk. On 7/06/18, Defendants filed the instant motion to set aside the defaults entered against them. The motion presents a very unique set of fact...

Excerpt: ...ntrustment; it was filed on 8/10/17. On 2/28/18, the Court granted Plaintiff's unopposed motion for leave to add a cause of action for gross negligence and a prayer for punitive damages; the Court expressly noted that it was not determining the propriety of the cause of action or the prayer for damages by way of the motion. The currently operative complaint is the Second Amended Complaint, which includes a prayer for punitive damages premised on ...

Excerpt: ... Courtney Reimer (“Plaintiff”) filed this action against Las Virgenes School District (“District”), City of Calabasas (“City”) and Does 1 through 50 alleging causes of action for (1) Dangerous Condition of Public Property against District, (2) Dangerous Condition of Public Property against City and (3) Negligence against all defendants. The complaint in relevant part alleges the following: 1) On January 19, 2017, Plaintiff was struck ...

Excerpt: ...ery and post-surgical care on 12/23/16. 2. Motion for Summary Judgment At this time, Defendant moves for summary judgment on the complaint, contending its nursing and non-physician staff complied with the standard of care at all times and nothing the nursing or non- physician staff did caused or contributed to Plaintiff's claimed damages. a. Allegations of the Complaint At ¶¶1-11 of page 6 of Plaintiff's complaint, attached as Exhibit A to the ...

Excerpt: ... defective gym mats. Plaintiff sustained severe and permanent injuries as a result of the fall. Plaintiff's complaint includes a prayer for punitive damages and related allegations against Defendant. Specifically, Plaintiff alleges Defendant knew its mats were defective and not safe for use, but chose not to replace them. At this time, Defendant moves to strike the prayer for punitive damages and the related allegations from the complaint. It mov...

Excerpt: ...n 8/30/16, Plaintiff filed an incorrect name amendment to the complaint, naming the second defendant as illi Commerical Real Estate, which defendant Plaintiff subsequently dismissed. On 12/07/17, Plaintiff filed an application to publish service of the summons and complaint on Chi H. Co Chiang, in his capacity as trustee of the Chiang Family Trust. The application was accompanied by Plaintiff's attorney's declaration, wherein he detailed the nume...

Excerpt: .../25/18, Defendant sent a meet and confer letter asking for deposition dates by 6/01/18. On 7/03/18, having not received a response, Defendants filed this motion to compel Plaintiff' attendance at deposition. The motion to compel is granted. CCP §2025.450(a) provides: (a) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that i...

Excerpt: ...interrogatories, and form interrogatories on Defendant. Defendant asserted only objections to each and every discovery question posed. Plaintiff attempted to meet and confer, and scheduled an informal discovery conference for 7/11/18. Both parties appeared, through their attorneys, at the conference; the issues, unfortunately, were not resolved. On calendar today is Plaintiff's motion to compel Defendant to provide further responses to the form a...

Excerpt: ... the notice of motion, declarations of Hebron, Ribeiro, and Almaguer, and the points and authorities concurrently filed. The motion is denied without prejudice for three reasons. First, there are no points and authorities with the moving papers. CRC 3.1113 requires a memorandum in support of a motion for relief; absent a memorandum, the Court lacks any authorities upon which it can grant the relief sought. Second, the proof of service of the movi...

Excerpt: ...ed his complaint 8/16/16. Plaintiff filed proof of service of the summons and complaint on Defendants. Plaintiff sought entry of default against them on 12/29/17, but the Clerk rejected the request as premature. The case was scheduled for an FSC on 1/30/18 and trial on 2/16/18. Plaintiff did not appear at the FSC or the trial, and on 2/16/18, the Court dismissed the case. 2. Motion to Set Aside Dismissal On 7/10/18, Plaintiff filed the instant mo...

Excerpt: ...responses. Defendants seek an order requiring Plaintiffs to pay additional sanctions at this time. Defendants' motion is denied. Sanctions orders are enforceable as money judgments unless the court orders otherwise. Thus, the remedy to enforce payment of monetary sanctions is to obtain and levy a writ of execution on assets of the debtor. Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615. Notably, issue and/or evidentiary sanctions are ava...

Excerpt: ...urred on 4/07/16. Plaintiff's complaint includes a sole cause of action for motor vehicle negligence, and seeks to hold Defendant liable for (a) operation of a motor vehicle, (b) employment of persons (c) operating the vehicle, (d) ownership of the vehicle, (e) entrustment of the vehicle, and (f) “other reasons.” On 1/20/17, the Court granted Defendant's motion to strike the portions of the complaint seeking damages for entrustment of the veh...

Excerpt: ...ip and fall on a public sidewalk adjacent to Mukssood's property. Plaintiff was a tenant at the property at the time she fell. Plaintiff's judicial council form complaint contains scant details concerning the cause of the fall or the fall itself, merely alleging that a defect on the City's sidewalk near the Mukssood defendants' property caused her to fall, and Defendants were responsible in some way for the defect. 2. Motion for Summary Judgment ...

Excerpt: ...P §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; of note, Plaintiff concedes she seeks damages for emotional distress including adjustment disorder, depression, anxiety, nightmares/flashback, and memory/concentration deficien...

Excerpt: ... fall. Plaintiff alleges Defendants failed to properly inspect and maintain the floor, causing Plaintiff to slip on grapes on the floor. The complaint asserts causes of action for 1) negligence and 2) premises liability. Defendant Food 4 Less brings this opposed motion for summary judgment against Plaintiff. SUMMARY JUDGMENT STANDARD Summary judgment is proper “if all the papers submitted show that there is no triable issue as to any material f...

Excerpt: ...ntiff Simon Seo (“Plaintiff”) filed his Complaint against defendant Pacific Land Builders, Inc. (“Defendant”), alleging causes of action for (1) Negligence and (2) Negligence Per Se. On December 6, 2016, Plaintiff filed an amendment to the Complaint substituting defendant Home of Christians, Los Angeles, Inc. for Doe 1 wherever it appears in the Complaint. Plaintiff alleges that, on September 4, 2014, he was injured when an air conditioni...

Excerpt: ...e. Plaintiff, Kaela Khosrand-Mashhadi, a minor by and through her GAL, Jennifer M. Simon, filed this action against Defendants for damages arising out of an automobile accident. Plaintiff sustained neck and back injuries, and subsequently ruptured her appendix. Plaintiff has recovered completely from the injuries as a result of the accident. Plaintiff, by and through her GAL and attorney, has agreed to settle his action with Defendants for the to...

Excerpt: ... to recover personal injury damages arising from a two-vehicle collision. On May 24, 2018, the Court dismissed without prejudice the complaint due to Counsel's failure to submit Default Judgment after several continuances. Plaintiff brings this unopposed motion to vacate dismissal based on attorney's mistake or negligence. LEGAL STANDARD Code of Civil Procedure section 473, subdivision (b) states, in part: The court shall, whenever an application...

Excerpt: ...s filed motions to strike portions of Plaintiff's complaint. On 5/16/18, Plaintiff filed opposition to the motions. On 6/01/18, the Court continued the hearing on the motion to strike to require the parties to meet and confer, as they had failed to do so prior to the original hearing on the motion. 2. Hearing on Continued Motion to Strike At this time, the sole issue remaining between the parties is whether Plaintiff's prayer for punitive damages...

Excerpt: ...strikes paragraph 3 (page 5, line 13) of the prayer for relief of the complaint wherein Plaintiff prays for “prejudgment and”. Defendant shall file an answer within 15 days. On February 20, 2018, plaintiff Armando Camarena (“Plaintiff”) filed a complaint against defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) consisting of one cause of action for personal injuries sustained based on violation of Govern...

Excerpt: ...ng from an accident with a sharp, knife-like cutting device. Plaintiff alleges Han, an employee of Do Best America, instructed him to retrieve an equipment from storage without notifying Plaintiff that the equipment was to be handled with extreme care. Plaintiff alleges he sustained sharp lacerations to his left hand, specifically, the index finger, middle finger, ring finger, and small finger. Plaintiff alleges 1) negligence, 2) failure to secur...

Excerpt: ...ents on Defendant on January 5, 2018. Defendant served verified responses on February 8, 2018, objecting to Request No. 8 on grounds that the request violates the attorney/client and/or attorney work product doctrine and is overbroad in scope and time. The parties engaged in an Informal Discovery Conference on May 1, 2018, but were unable to resolve the issues. Plaintiff subsequently filed this motion to compel on June 13, 2018. The Court notes t...

Excerpt: ...motional Distress is SUSTAINED with fifteen days' leave to amend. The Motion to Strike the third cause of action is MOOT. The motion to strike the allegations of and the prayer for economic losses as to plaintiff Shulamit Abezis is GRANTED without leave to amend. I. Background On April 25, 2018, plaintiffs Salomon Abezis and Shulamit Abezis (jointly “Plaintiffs”) filed this action against defendants Providence Tarzana Medical Center, Tarzana ...

Excerpt: ...amend is granted. I. Background On February 23, 2018, plaintiff Marilyn Hernandez (“Plaintiff”) filed this action against Sepi Fatahi D.D.S. (“Fatahi”), Children's Dental Funzone (“Funzone”) and Does 1 through 10 alleging medical negligence. The complaint in relevant part alleges the following: 1) On February 26, 2016, the defendants negligently provided Plaintiff with dental care and treatment. (Complaint ¶ 1); 2) During the dental ...

Excerpt: ..., Defendant moves to continue trial. Defendant provides evidence that Plaintiff was dilatory in responding to discovery, and Plaintiff only recently revealed that she is seeking to recover for neurological injuries in connection with the accident. The Court finds Defendant made an adequate showing that additional time to prepare for trial is necessary in light of this tardy discovery is necessary. Of note, the trial has been continued twice previ...