Excerpt: ...sed discovery motions; among the motions was a motion to deem RFAs admitted. At this time, Defendants move for judgment on the pleadings on the complaint, contending Plaintiff's admitted RFAs are fatal to the complaint. Defendants rely on Bockrath v. Aldrich Chem. Co., Inc. (1999) 21 Cal.4 th 71, 83 and Williams v. So. Calif. Gas Co. (2009) 176 Cal.App.4 th 591, 600 to support their position that the subject RFAs, as well as the Court ruling deem...

Excerpt: ...y Judgment At this time, Defendant moves for summary judgment on the complaint, contending (a) the condition was not dangerous as a matter of law, and (b) it lacked notice of any dangerous condition. a. Initial Note The Court has read and reviewed Plaintiff's separate statement in opposition to the motion, and is concerned that much of the evidence upon which Plaintiff relies is not actually attached to his opposition. For example, Plaintiff purp...

Excerpt: ...s (set two) on Plaintiff on 6/05/17. Defendants made numerous attempts to meet and confer with Plaintiff's attorney. Ultimately, on 9/21/17, they filed a motion to deem the RFAs admitted. The moving papers were served on Plaintiff via service on his attorney of record at the time, D. Hess Panah. On 10/10/17, Plaintiff filed a notice of association of counsel. The notice indicated that the McElfish law firm was associating in with Panah as Plainti...

Excerpt: ...e Counsel could not locate Defendant; ultimately, Defense Counsel located Defendant, but Plaintiff attempted to place terms on any agreement to take a deposition without a court order, and Defendant deemed those terms unacceptable. For that reason, the deposition has not gone forward at this time. Notably, Defendant timely filed and served his opposition on 1/11/18. Any reply to the opposition was due on or before 1/22/18. As of 1/25/18, the Cour...

Excerpt: ...rved responses. Defendant seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. On 1/16/18, Plaintiff filed timely opposition to the motions. In the opposition, Plaintiff concedes responses were not timely served. Plaintiff indicates responses will be served “on or before 1/22/18.” No responses are included with the opposition papers. Plaintiff's attorney declares the failure to...

Excerpt: ...s to compel responses to the foregoing discovery and imposed sanctions. The Court ordered Plaintiff to serve verified responses, without objections, 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,...

Excerpt: ...gelita Gonzales Hernandez (the principal of the school) for damages arising out of the alleged sexual assault and rape of Minor Plaintiff, Doe by one of her teachers, Cross‐ Defendant, Richard Paul Daniels. The complaint includes causes of action for:  Negligent Supervision, Hiring, and/or Retention – by Plaintiff, Doe against Defendants, District and Hernandez;  Negligent Infliction of Emotional Distress – by Plaintiff, Melba Martine...

Excerpt: ...did serve unverified responses; unverified responses, however, are tantamount to no responses at all. Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. The motions to compel are granted. Plaintiff is ordered to serve verified responses to form interrogatories, special interrogatories, and RPDs, withou...

Excerpt: ...laint against defendants Jose Carrillo, Adrian Badillo Vega, Angela Carrillo, Maria Dolores Vega and Does 1 through 10 alleging causes of action for negligence and negligence per se. On December 22, 2017, the defendants demurred to complaint on the ground that it is barred by the applicable statute of limitations. On January 12, 2018, Plaintiffs filed an opposition. The Court notes that instead of opposing the demurrer on the merits, Plaintiff's ...

Excerpt: ...ages arising out of a fall from a broken chair in Defendant's ice cream shop. Plaintiff's complaint includes causes of action for negligence and strict products liability. Both causes of action are pled against Frogurt and Does 1‐50. At this time, Frogurt moves for judgment on the pleadings on the second cause of action for strict products liability. Frogurt correctly notes that the complaint, at ¶7, alleges Does 21‐50 designed, manufactured...

Excerpt: ...rs on 1/17/18; the Court cannot locate a proof of service of the moving papers. Defendant was ordered to file opposition on or before 1/19/18, and Plaintiff was ordered to file a reply on or before 1/23/18. On 1/22/18, Defendant filed an untimely opposition to the motion, which includes proof of service via FedEx the same day. It would be impossible for Plaintiff to file a timely reply in light of the late opposition. The order, however, was not ...

Excerpt: ...t, Francisco Arambula Caro. They seek an order withdrawing Counsel's representation of Caro and permitting them to file an amended answer on behalf of the entity defendants and not on behalf of Caro. The motion is denied. First, there is no notice of motion, which is required by CRC 3.1110(a). Second, the points and authorities do not include any statement of law or citation of authorities to support the relief requested. CRC 3.1113(b). Third, to...

Excerpt: ...ff to serve responses, without objections, 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 wi...

Excerpt: ...e breakdown in the relationship are provided in Counsel's declaration in support of the motion. Counsel declares he served the moving papers on Client at an address that has been confirmed by telephone The motion is denied because it is set to be heard unreasonably close to the trial date. The trial date in the case is 2/13/18, and the FSC is scheduled for 2/01/18, approximately two weeks after the hearing on this motion. Unlike their clients, at...

Excerpt: ...ff filed the complaint on 3/14/16. To date, Plaintiff has not filed proof of service of the summons and complaint on any named defendant. On 8/28/17, the Court called the matter for an FSC, and on 9/14/17, the Court called the matter for trial; no party appeared on either date, and on 9/14/17, the Court dismissed the case. At this time, Plaintiffs move to set aside the dismissal. Plaintiffs' attorney declares the failure to appear at the FSC and ...

Excerpt: ...cords. Defendant therefore moves to compel American to produce the records. The motion is denied for two reasons. First, the motion was rescheduled via ex parte application on 1/12/18. At that time, the Court advanced the hearing from 2/20/18 to 1/26/18. On 1/18/18, Defendant filed a Notice of Ruling, which includes a copy of the motion as Exhibit A. Defendant has not, however, actually filed the motion itself with the Court. The copy included as...

Excerpt: ...by Plaintiff's attorney's assistant on 12/12/17. Defendant has attempted to meet and confer to select a new deposition date, but Plaintiff has not responded. At this time, Defendant seeks an order compelling Plaintiff to attend his deposition and to produce documents at deposition. The motion to compel is granted. CCP §2025.450(a). Plaintiff's Counsel and Defense Counsel are ordered to work together to schedule a time, date, and location for Pla...

Excerpt: ...aintiff alleges Defendant's dental care and treatment resulted in a mandibular fracture and substantial pain and suffering. Plaintiffs filed the action on 9/30/11. The parties agreed to several continuances of the trial date. On 10/10/14, the trial court granted Defendant's motion for summary judgment. Plaintiffs appealed. The court of appeals reversed, and on 8/02/16, the case was remanded back to the trial court. On 6/14/17, the trial court hel...

Excerpt: ... matter of law; in the alternative, it contends it is entitled to summary adjudication of issues. a. Issues Presented Defendant argues it is entitled to judgment as a matter of law for each of the following reasons; in the alternative, it contends it is entitled to adjudication of each of the following issues: 1. Issue No. 1: Plaintiffs First Cause of action for Premises Liability (under a Dangerous Condition of Public Property theory) has no mer...

Excerpt: ...ie Higgins for damages arising out of an automobile accident. Allison Bell was pushing her niece, Liam Kowal, in a stroller at the time of the accident. Defendant collided with them at an excessive rate of speed, killing Kowal and injuring Bell. Bell has recovered from her physical injuries, but continues to experience emotional distress in connection with the incident. Plaintiff, by and through her GAL and attorney, has agreed to settle this act...

Excerpt: ...ve been filed. Three of the motions all seek to have Defendant, Margarita Ravelo's RFAs, set one propounded on Plaintiff, Sofi Villatoro‐Alezano‐ Velasquez deemed admitted. It is not clear why three identical motions were filed. If this is incorrect, Defendants' attorney must appear at the hearing and explain the distinction in the three motions. Defendant, Margarita Ravelo propounded form interrogatories, RFAs and RPDs on Plaintiff, Sofi Vil...

Excerpt: ...e outstanding discovery, 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, Defendants seek 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 impositi...

Excerpt: ... 7/01/16, Pascual Eduardo Gomez substituted Century Park Law Group as his attorney of record. At this time, Century Park Law Group moves to be relieved as counsel for Pascual Eduardo Gomez only; the motion does not concern the Group's representation of Maria Gomez. The Group contends there has been a breakdown in communication that prohibits further representation. No additional details concerning the breakdown in the relationship are provided in...

Excerpt: ...ek an order compelling Wang and You to respond, without objections, to the outstanding form interrogatories, deeming the RFAs admitted, and requiring Wang and You to pay sanctions. The motions to compel are granted. Wang and You are ordered to serve verified responses to form interrogatories, without objections, within ten days. CCP §§2030.290(a),(b). The motion to deem RFAs admitted is also granted. CCP §2033.280(b). Sanctions are mandatory. ...

Excerpt: ...m interrogatories, special interrogatories, and RPDs. Defendant served responses; the parties met and conferred, and Defendant served supplemental responses. The parties met and conferred additionally, and ultimately participated in an informal discovery conference on 11/14/17. On 12/06/17, Plaintiff filed the instant motion to compel further responses to form interrogatories, special interrogatories, and DFIs. The Court has not received oppositi...