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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ... 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: ... 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: ...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: .../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...