Excerpt: ...cklessly at the time of the subject accident. Plaintiff filed his complaint on 4/05/16. On 3/20/17, he filed proof of service of the summons and complaint, showing service on Defendant via personal service on an unspecified date. On 5/08/17, Defendant filed his answer to the complaint. On 12/20/17, Defendant filed the instant motion to strike portions of the complaint. Per CCP §435(b)(1), Defendant was obligated to file his motion to strike no m...

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: ...cated he suffered injuries to his hand, wrist, neck, and lumbar spine, but indicated only the injuries to his hand and wrist were ongoing. On 4/06/17, Plaintiff sat for deposition. At that time, he indicated his injuries to his neck and lumbar spine were ongoing. At this time, Defendants move to compel Plaintiff to attend a second IME, the purpose of which is to examine his complaints of neck and upper lumbar pain. Plaintiff opposes the motion, a...

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: ...ishes to hear from Counsel at the hearing on the issue. Counsel's declaration, ¶3, indicates Client was served via mail at a confirmed address. Counsel declares the address was confirmed via “Westlaw Search.” The Court wishes to hear how the Westlaw Search was conducted, what the results were, and why Counsel believes a Westlaw Search “confirms” an address; in other words, is a Westlaw Search a reliable source of information to reveal an...

Excerpt: ... for judgment on the pleadings, contending he recently received a bankruptcy discharge that includes Plaintiff's claims in this suit. Plaintiff opposes the motion, arguing she can continue to prosecute this action against Defendant through his insurance company despite the discharge. The following issues are presented by way of the motion:  Should the Court consider the opposition?  Is judgment on the pleadings appropriate in light of the b...

Excerpt: ...ovember 3, 2017, plaintiffs Mi Jung Parkyoon and Huyng Oh Kwoun (jointly “Plaintiffs”) filed a complaint against defendants Hart Dasteel (“Dasteel”) and Does 1 to 25 (“Metro”) alleging causes of action for (1) negligence and (2) punitive damages. The complaint includes a prayer for punitive damages based on the second cause of action. Plaintiffs allege that on November 30, 2016, Dasteel negligently and carelessly owned, operated and d...

Excerpt: ...int: (1) page 3 paragraph 9 in entirety; (2) page 5 prayer no. 4 for exemplary damages; and (3) page 5 prayer no. 6 for attorney's fees and costs of suit incurred. Plaintiff is granted with fifteen days' leave to amend. I. Background Facts On July 24, 2017, plaintiff Hyun Sil Kim (“Plaintiff”), filed a complaint against defendants CWC Investments Inc (“CWC”), John Kim and Does 1 to 25 alleging causes of action for (1) strict liability bas...

Excerpt: ...ff”), filed a complaint against defendants Tufesa USA LLC (“Tufesa USA”), Tufesa International, Tufesa Los Angeles and Does 1 to 100 alleging causes of action for general negligence and motor vehicle negligence. Plaintiff alleges the following: 1) on May 31, 2016, in Mexico, the defendants carelessly and negligently managed, trained, employed and supervised their employees. (Complaint p. 4 GN‐1); 2) The defendants carelessly and negligent...

Excerpt: ...ins a prayer for punitive damages based on the allegation that Defendant was intoxicated at the time of the subject accident. Specifically, Plaintiffs' operative First Amended Complaint alleges: At all times herein mentioned, Defendant JAMES DELANEY, acted in a conscious disregard of Plaintiffs' rights. Defendant JAMES DELANEY maliciously and recklessly operated a motor vehicle upon a public highway while under the influence of alcohol when he kn...

Excerpt: ... ultimately filed these motions on 12/28/17. As an initial note, Defendant's motions to compel were originally scheduled to be heard on 1/17/18, and the motion to deem RFAs admitted was scheduled to be heard on 1/18/18. The Court continued the hearing on the 1/17/18 motions to compel to 1/18/18, to be heard concurrently with the motion to deem RFAs admitted. On 1/04/18, Plaintiff filed opposition to the motions. Plaintiff argues, in opposition to...

Excerpt: ...y days' leave to amend. I. Background Facts On July 28, 2017, plaintiff Phamie White (“Plaintiff”), in pro per, filed a complaint against defendants Grand Medical Associates (“Grand”), Thomas J. Cachur Jr. DO (“Cachur”) (erroneously sued as Dr. Thomas Cachur Jr.) and Does 1 to 20. On September 28, 2017, Plaintiff filed a first amended complaint (“FAC”) alleging causes of action for (1) negligent failure to diagnose and treat again...

Excerpt: ...e FAC: page 2 lines 25‐27; Paragraph 21 on page 5; Paragraph 22 on page 5; Paragraph 23 on page 5; and Plaintiff's prayer for attorney's fees on page 6 line 20. The remaining requests to strike are DENIED. The Court GRANTS Plaintiff fifteen days' leave to amend. I. Background Facts On June 29, 2017, plaintiff Brian Wongsang Kim (“Plaintiff”) filed a complaint against defendants Los Angeles County Metropolitan Transportation Authority (“Me...

Excerpt: ... out of an automobile accident. Each of the three plaintiffs has appeared for deposition. Shamsian contends, however, that they failed to produce documents at their depositions, and that they should be compelled to do so. The motions are denied for two reasons. First, the moving papers fail to show good cause for production of the documents sought, as required by §2025.450(b)(1). Second, CRC 3.1345(5) makes clear that a separate statement must b...

Excerpt: ...pers on Defendants. The Court issued a tentative ruling denying the motion due to failure to file proof of service. Plaintiff appeared at the hearing on the motion, and the Court agreed to continue the hearing to permit Plaintiff to serve Defendants. On 12/01/17, Plaintiff filed proof of service of the moving papers as well as a notice of continuance. On 1/04/18, Defendants timely filed opposition to the motion. On 1/10/18, Plaintiff timely filed...

Excerpt: ..., LLC, following a mediation. The settlement was conditioned upon Plaintiffs dismissing their action against GM. GM provided Plaintiffs with settlement checks, and Plaintiffs provided GM with a request for dismissal. Plaintiffs' attorney asked that the dismissal not be filed until the process of negotiating Plaintiffs' Medi‐Cal liens was completed. Defense Counsel inadvertently filed the request for dismissal form before Plaintiffs completed th...

Excerpt: ...ponses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery, deeming the RFAs admitted, and ordering Plaintiff to pay sanctions. Defendant's motions to compel are granted. Plaintiffs is ordered to serve verified responses to form interrogatories, special interrogatories, and RPDs, without objections, within ten days. CCP §§2030.290(a),(b), 2031.300(a),(b). To the extent Defendant ...

Excerpt: ...parties executed two stipulations to continue the trial date, and the trial date was ultimately set for 11/02/17. Shortly before the 11/02/17 trial date, the parties executed a third stipulation to continue the trial date. The Court rejected the stipulation because only two continuances by way of stipulation are permitted under the personal injury court's rules. The parties, however, did not receive notice of the rejection of the stipulation unti...

Excerpt: ...out of a trip and fall in a parking lot. At this time, Plaintiff moves for trial setting preference pursuant to CCP §36(a), which provides: (a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessa...

Excerpt: ...��Plaintiffs”), filed a complaint against defendant Western Freight Carrier Inc (“Western”) and Does 1 to 30. On November 3, 2017, Plaintiffs filed a first amended complaint (“FAC”) alleging causes of action for motor vehicle negligence and general negligence. On December 11, 2017, Western and Rivas (jointly “Demurring Party”) filed a demurrer to the FAC. On January 4, 2018, Plaintiffs filed an opposition. Meet and Confer Before fil...

Excerpt: ...ndividually and as the parent and heir of Natalie Korngute Hall (“Decedent”), filed a complaint against defendants Jesse Abell (“Abell”), Randi Marla Curtis (“Curtis”) and Does 1 to 30 alleging causes of action for premises liability against Curtis and Does 1 to 30 and negligence and wrongful death against all defendants. The complaint alleges the following: 1) on February 17, 2017, Decedent died while on premises owned, controlled an...

Excerpt: ...d responses. Plaintiff therefore seeks an order compelling Defendants to respond, without objections, to the outstanding discovery and to pay sanctions. Plaintiff's motions are granted. Defendants are ordered to serve verified responses to form interrogatories, without objections, within ten days. CCP §2030.290(a),(b). Sanctions are mandatory. §2030.290(c). Plaintiff seeks sanctions in the amount of $1170 total. Specifically, Plaintiff seeks to...

Excerpt: ...mited to limited jurisdiction court, contending Plaintiff will not recover damages in excess of the jurisdictional limit in this case. Defendants argue Plaintiff's medical bills are approximately $7000 and she has no lost earnings claim. Defendant also notes Plaintiff made a §998 offer of $12,000. Plaintiff opposes the motion, arguing that (a) she has ongoing pain and suffering from the accident, (b) she has a claim for property damage, and (c) ...

Excerpt: ... 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 interrogatories, special interrogatories, and RPDs, without objections, within ten days. CCP §§2030.290(a),(b), 2031.300(a),(b). Sanctions are mandatory. §§2030.290(c), 2031.300(c). Defendant...

Excerpt: ...notice. Defendant filed its motion on 12/05/17, and the motion bears proof of service showing the motion was also served on 12/04/17. Defendant's motion fails to comply with the safe harbor provision set forth in §128.7(c)(1), which requires the motion to be served on the opposing party at least 21 days before the motion is filed. The motion is denied due to failure to comply with the safe harbor period requirements. The Court notes that Plainti...