Excerpt: ... testified at deposition that she received treatment from Community Hospital for mental distress, anxiety, and/or depression, which she attributes to her fall. 2. Motion to Compel On 8/31/17, Defendant served a deposition subpoena for production of medical records on Community Hospital. The subpoena sought production of all medical records. Neither Plaintiff nor the Hospital served formal objections, but the Hospital instructed its legal service ...

Excerpt: ... The case was dismissed when Plaintiff failed to appear at the FSC and trial; at this time, Plaintiff moves to set aside the dismissal. The basic facts concerning the dismissal are not in dispute, and are set forth in the four declarations filed with the moving papers. Plaintiff's husband is an attorney, and he practices federal intellectual property law. When Plaintiff was injured, he recommended she retain Ronny Sendukas. She and Sendukas talke...

Excerpt: ...rt orders 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 o...

Excerpt: ...ogatories and motions to compel Plaintiff, David Cruz to respond to form interrogatories and RPDs. The Court also granted Defendant, Rose Angel Candia's motions to compel Plaintiffs, Gladys Esperanza Cruz and David Cruz to respond to form interrogatories, special interrogatories, and RPDs. The Court also imposed monetary sanctions. To date, Plaintiffs have not complied with the Court's 4/05/18 order; at this time, Defendant, Antonio Saucedo Espin...

Excerpt: ...ctice. The complaint alleges that on 5/8/15 Plaintiff was admitted to Cedars and underwent a back surgery in which a drainage tube was inserted in his lower back and under his right arm. Par. 29. Plaintiff alleges he awoke to severe pain in the surgical area and in his right shoulder. Par. 30. On 5/12/15, a doctor tried to remove the drain tube and could not. The doctor told Plaintiff it was stuck and Plaintiff was rushed to surgery to have it re...

Excerpt: ...dent. Plaintiff passed away subsequent to filing the lawsuit, and the Lee Family Trust has been substituted into the action as the sole plaintiff at this time. On 2/02/18 and 2/05/18, Gevorkyan propounded form interrogatories, special interrogatories, and RPDs on Plaintiff via mail. Plaintiff's attorney declares he did not realize the discovery had been propounded until 3/22/18, and this was because a new attorney in the office had mislaid the di...

Excerpt: ...red injuries to her neck and back, as well as “other physical symptoms,” as a result of the accident. 2. Deposition Subpoenas Defendant, Downtown LA Motors, propounded deposition subpoenas for production of medical records on Plaintiff's medical providers, UCLA Medical Center, Santa Monica Hospital/UCLA Hospital, One Medical, and UCLA Health System. The parties met and conferred, and Plaintiff produced redacted records that omitted her OBGYN ...

Excerpt: ...ogatories and motions to compel Plaintiff, David Cruz to respond to form interrogatories and RPDs. The Court also granted Defendant, Rose Angel Candia's motions to compel Plaintiffs, Gladys Esperanza Cruz and David Cruz to respond to form interrogatories, special interrogatories, and RPDs. The Court also imposed monetary sanctions. To date, Plaintiffs have not complied with the Court's 4/05/18 order; at this time, Defendant, Rose Angel Candia see...

Excerpt: .../28/15. On 4/12/17, she filed proof of service on each defendant. The POS on the City showed the City was served by personal service on the city clerk on 3/16/17. On 4/21/17, the County filed its answer. On 11/28/17, Plaintiff and the County entered into a stipulation to dismiss the County. The same day, Plaintiff filed a request for dismissal of the County. On 1/31/18, the City filed its answer to the complaint. On the same day, it filed a cross...

Excerpt: ...n the incident. Madera was involved in the incident while in the course and scope of his employment with UPS, and Plaintiff provided workers' compensation coverage to UPS that covered the incident. At this time, Madera moves for leave to intervene. Labor Code §3853 makes clear that intervention is mandatory when an employee seeks leave to intervene in an action involving his employer in connection with recovery of workers' compensation benefits....

Excerpt: ...to, and/or evidencing your loss of earning and/or capacity in connection with the incident.” On 11/30/17, Plaintiff served responses to the RPDs. In response to item # 2, Plaintiff indicated an intention to produce all non-privileged documents in his possession, custody, or control. Defendants contend that, to date, Plaintiff has not produced any documents in connection with item # 2. They therefore seek an order compelling him to do so; they a...

Excerpt: ... Cengage had a workers' compensation policy with Federal Insurance Company. Plaintiff made a workers' compensation claim, which FIC paid. FIC moves to intervene in the litigation at this time. Labor Code §§3852 and 3853 make clear that an employer against whom a claim for worker's compensation damages was made may join in an action against a third party arising out of the incident for which the worker's compensation payment was made. §3850(b) ...

Excerpt: ...espect to service of the documents. To date, despite multiple meet and confer attempts, Plaintiff has not served responses; at this time, Defendant moves to compel responses and for payment of sanctions. Plaintiff, by and through Counsel, filed opposition to the motion on 5/10/18, essentially arguing that Counsel cannot locate Plaintiff and that Plaintiff therefore cannot provide meaningful responses. Plaintiff also argues Counsel should not be s...

Excerpt: ...ved responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding interrogatories and RPDs, deeming the RFAs admitted, and imposing sanctions. As an initial note, only one filing fee was paid for the motion to compel, which actually consists of three motions. Defendant is ordered to pay two additional fees and bring proof of payment to court on the day of hearing. If the additional fees are ...

Excerpt: ...ash “Defendant's subpoenas” and Plaintiffs also seek a protective order prohibiting Defendant from issuing additional subpoenas. Plaintiffs seek the order on the ground that the “subpoenas were issued after the discovery cut-off” and “Dr. Zackler is Plaintiff's retained expert in this matter.” The motion is denied on the following grounds: 1. The notice of motion does not specify the relief sought, i.e. which subpoenas are sought to b...

Excerpt: ...nay”), Mayra Molina (“Mayra”) and Does 1 to 10 alleging (1) motor vehicle negligence against both Adonay and Mayra, (2) general negligence against Adonay and (3) general negligence against Mayra. The complaint alleges that on July 9, 2017, Adonay negligently operated a motor vehicle thereby causing a collision with Plaintiff's vehicle. (Complaint p. 4 MV-1, MV-2 and p.5 GN-1.) The complaint also alleges that Mayra owned the vehicle that Ado...

Excerpt: ...rough his guardian ad litem Andrea Velekei, and Andrea Velekei as the administrator of the Estate of Chad Holloway, (jointly “Plaintiffs”) filed a complaint against defendants Maruichi American Corporation (“Maruichi”) and Does 1 to 100. On January 30, 2018, Plaintiffs filed a first amended complaint (“FAC”) alleging causes of action for negligence and wrongful death. The FAC includes a prayer for punitive damages. The FAC in relevant...

Excerpt: ...otions to compel responses to the 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, 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 ...

Excerpt: ...the POS shows Plaintiff's registered process server served Defendant, via substitute service on “John Doe, Co-Occupant,” on 3/06/18 at her residence located at 3755 Delmas Ter Apt 101, LA, CA 90034. Defendant moves to quash service of the summons and complaint, contending she did not reside at the address where she was purportedly served. The motion is denied for two reasons. First, as Plaintiff correctly notes in opposition to the motion, a ...

Excerpt: ...m unlimited to limited jurisdiction court, contending Plaintiff will not recover damages in excess of the jurisdictional limit in this case. Defendant argues Plaintiff's medical bills are less than $3000 and his lost earnings claim is not substantiated and, in any event, is for just over $5000. Defendant argues that, even with pain and suffering, emotional distress, and/or punitive damages, the total value of the case cannot exceed $25,000. Plain...

Excerpt: ...gainst Respondent, Mahammadreza Yazdi, D.D.S. The parties completed arbitration proceedings on 11/17/17. The arbitrator issued an initial award on 12/26/17 and a final award on 2/01/18. The final award is in favor of Petitioner and against Respondent, in the total sum of $132,773.29, inclusive of costs of suit. At this time, Petitioner moves to confirm the arbitration award. Conversely, Respondent moves to vacate the award. 2. Law Governing Confi...

Excerpt: ...intiff has not, to date, filed proof of service of the summons and complaint on Defendants. The case was scheduled for an FSC on 10/06/17 and trial on 10/23/17. Plaintiff did not appear at the FSC or the trial, and on 10/23/17, the Court dismissed the case. 2. Motion to Set Aside Dismissal On 4/20/18, Plaintiff filed the instant motion to set aside the dismissal. Plaintiff argues the failure to appear at trial was the result of Counsel's neglect....

Excerpt: ... parties have stipulated twice to continue the trial date, and trial is currently scheduled for 5/30/18. At this time, Defendant moves to continue the trial date for four months, from 5/30/18 to 10/01/18. Of note, all parties to the action agree to the requested continuance. Defendant indicates the reasons for the requested continuance include the facts that (a) Defendant's lead trial attorney has taken an unexpected leave of absence for medical ...

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: ...n November 2, 2017, plaintiff Eli Elkis, a minor by and through his Guardian Ad Litem Avi Elkiss (“Plaintiff”), filed a complaint against defendants Emek Hebrew Day School (“Emek”), Teichman Family Charitable Foundation, Sol Teichman, Sinanian Development Inc, Jack Hollander & Associates and Does 1 to 100 alleging causes of action for general negligence and premises liability-negligence per se. On March 8, 2018, Plaintiff field a first am...

Excerpt: ...work for Defendants and fell off of their ladder. Plaintiffs filed their complaint, through attorney Khuong D. Nguyen, on 11/30/16. Defendants answered on 1/05/17. On 3/13/18, Plaintiffs' former attorney filed a Notice of Settlement of Entire Case. On 3/19/18, the Court issued an OSC re: dismissal in light of the notice of settlement; the OSC was set for 6/13/18. The Court also vacated all hearing dates and the trial date in the action. On 3/28/1...

Excerpt: ...efendants' care and treatment of Rhonda Wafa during her labor and delivery of Austin Wafa. The alleged negligence occurred on 1/17/16. Plaintiffs filed their complaint on 1/13/17. The case is currently set for trial on 7/13/18, which is the original trial date set in the action. At this time, Plaintiffs move to continue the trial in the action. Plaintiffs provide evidence that Austin Wafa's neurological condition cannot be fully evaluated until h...

Excerpt: ...ing discovery, and also imposing sanctions; the Court ordered Defendants to serve verified responses within ten days. To date, Defendants have not complied with the order; at this time, Plaintiff seeks an order imposing terminating sanctions and striking Defendants' answers. 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 ci...

Excerpt: ...action from unlimited to limited jurisdiction court, contending Plaintiff will not recover damages in excess of the jurisdictional limit in this case. Defendants provide evidence Plaintiff's only submitted medical bills are for a chiropractor, and they total $5990. Defendants also provide evidence that Plaintiff has testified she has no ongoing medical concerns at this time. Further, Defendants establish lost wages and property damages are not at...

Excerpt: ...efendants, 8630 Sunset Plaza, LLC dba Avenue 31 and Stefano Frittella (collectively “Avenue 31”) on 3/21/17. On 5/09/17, Defendants filed proof of service of the cross- complaint, and 7/06/17, the Clerk entered Cross-Defendants' defaults. a. Deposition in Los Angeles Plaintiff resides outside of Chicago. Plaintiff was injured in Los Angeles when she was visiting her son, who resides here. All parties agree that, in late January and early Febr...

Excerpt: ...nsurance in place to cover the injury. Plaintiff filed his complaint on 5/02/17. On 3/22/18, Plaintiff filed an application for publication of the summons and complaint, on the ground that Defendant was evading service. The same date, a request for dismissal form was filed, which bears Plaintiff's attorney's signature. At this time, Plaintiff moves for an order vacating the dismissal. Plaintiff's attorney declares that he did not prepare or file ...

Excerpt: ...swer on 5/20/16. The original trial date was 7/28/17. The parties agreed to continue trial and the discovery cut-off twice before they exchanged expert designations. They exchanged expert designations on 9/20/17. Subsequent to the expert designation exchange, the parties twice obtained court orders continuing the trial date. Each order included an order that the discovery cut-off is tied to the new trial date. On 4/03/18, Plaintiff served a new e...

Excerpt: ...three people. Plaintiffs filed their complaint on 11/03/17. 2. Motion to Transfer Venue At this time, Honda moves to transfer venue to Stanislaus County, contending the accident took place in Stanislaus County. Honda contends Stanislaus County is the most convenient forum for the action. Plaintiffs oppose the motion, arguing (a) it is not timely, (b) Defendant failed to show witnesses will be inconvenienced if the motion is not granted, (c) the �...

Excerpt: ...f's ongoing failure to communicate renders continued representation impossible. The declaration in support of the motion indicates that Client's address is “current” because it was the address given to Counsel by Client. There is no indication of when Client gave Counsel this address, or how the address was given. Notably, the case has been open since 1/30/17; if this was the address given to Counsel at the outset of the case, then the addres...

Excerpt: ... Plaintiff to serve verified 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...

Excerpt: ...mplaint against Brian Lake Bostnick for indemnification and related claims. Bostnick was the driver of the car in which Plaintiff was a passenger at the time of the accident, and Defendants believe Bostnick is at fault, in whole or in part, for the accident. A cross‐complaint against any of the parties who filed the initial complaint or cross‐complaint against the cross‐complainant must be filed before or at the same time as the answer to t...

Excerpt: ...t”), Sears Holding Corporation (“Sears”) and Does 1 to 2 alleging a cause of action for premises liability. The complaint alleges that on September 16, 2017, Plaintiff slipped and fell while on Kmart's premises. (Complaint p. 4 Prem.L‐1.) On April 2, 2018, Kmart demurrer to the complaint. Notably, while the Court's website reflects that the demurrer was filed on April 2, 2018, the demurrer papers have a filing stamp of March 29, 2018. Pla...

Excerpt: ... Corporation for damages arising out of a slip and fall. Plaintiff filed the action on 12/21/17. On 1/02/18 and 2/08/18, she filed doe amendments, naming Westfield U.S. Holdings, LLC and Valencia Town Center Venture, LP, respectively. On 4/16/18, she filed two additional doe amendments, re‐naming Westfield LLC and Westfield Corporation, both of whom she had dismissed on 2/13/18, as does three and four. On 2/22/18, Defendants noticed Plaintiff's...

Excerpt: ... interrogatories and RPDs, deeming the RFAs admitted, and imposing sanctions. As an initial note, only one filing fee was paid for the motion to compel, which actually consists of three motions. Defendant is ordered to pay two additional fees and bring proof of payment to court on the day of hearing. If the additional fees are not paid, these motions will be continued so that payment may be made. Assuming fees are paid, the Court rules as follows...

Excerpt: ... by Luca Tseng Chao, and there were two passengers in his car, Akan Abassi Ubia and Derrick Mason. The Mason brothers, Laron and Derrick, filed BC612767 against Burries, contending she was liable for the accident and caused them injuries. Ubia subsequently filed BC667194 against Mason, and later adding Burries and Chao as doe defendants; there are cross‐complaints between the defendants in BC667194. 2. Motion for Determination of Good Faith Set...

Excerpt: ...ntiff is granted leave to amend the first cause of action to include allegations of Negligence Per Se. The Motion to Strike is GRANTED in entirety. Leave to amend the prayer for punitive damages will only be granted if Plaintiff can make an offer of proof at the hearing on how the pleading can be amended to warrant punitive damages. I. Background Facts On October 17, 2017, Plaintiff Brooke Kelsberg (“Plaintiff”) filed a complaint against defe...

Excerpt: ...s, within ten days. The Court also imposed monetary sanctions. On 4/04/18, Defendant filed this motion to dismiss, contending Plaintiff had not complied with the prior order, and terminating sanctions are appropriate at this time. On 4/24/18, Plaintiff timely filed and served opposition to the motion. Plaintiff argues terminating sanctions should not be imposed because (a) Plaintiff's attorney's office experienced issues with the internal mail re...

Excerpt: ...e relieved as counsel, contending that an irreparable breakdown in the attorney‐client relationship has arisen, such that further representation is not possible. The motion is denied without prejudice. The motion is not accompanied by a Declaration in Support of Attorney's Motion to Be Relieved as Counsel‐‐Civil (form MC‐052), as mandated by California Rules of Court Rule 3.1362(c). The accompanying proof of service, moreover, does not re...

Excerpt: ...ed 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 4/06/18, Plaintiff timely filed and served a motion to strike and/or tax the costs bill. On 4/20/18, Defendant timely filed and served opposition to the motion. A reply was filed on 4/27/18. Plaintiff's primary contention in...

Excerpt: ...r dismissal of Defendant, Enterprise only. On 10/30/17, the Court was scheduled to hear a trial in the action. The Court took the trial date off calendar and made a notation that the case had been dismissed on 8/31/16. At this time, the Court's docket reflects the entire case as dismissed. Plaintiff moves to set aside the dismissal. Plaintiff's attorney declares the failure to appear at the FSC and trial was due to a calendaring error in his offi...

Excerpt: ...came final) prior to the hearing: Plaintiffs, Danilo and Nenita DeFiesta filed this action against Defendant, Elio Ramos for damages arising out of an automobile accident. Plaintiffs have attempted to take Defendant's deposition, and Defendant has not appeared. At this time, Plaintiffs move to compel the deposition. Defendant opposes the motion. The opposition is based on Defense Counsel's declaration. Defense Counsel declares that Defendant is h...

Excerpt: ...noticed Plaintiff's deposition for 3/20/18; prior to the deposition, Plaintiff's attorney called Defense Counsel because Plaintiff's attorney had lost contact with Plaintiff. At this time, Defendant moves to compel Plaintiff's deposition, to compel production of documents at deposition, and seeks to recover sanctions. The motion to compel is granted. CCP §2025.450(a) requires the Court to grant a motion to compel deposition unless the deponent h...

Excerpt: ...nclear date) 10/13/16 – Plaintiff files a complaint for damages against Defendants, Foothill Transit, Joint Powers Authority Governing Board, and Transdev Services, Inc. 1/31/18 – Plaintiff submits an application to submit a late claim to Omnitrans 2/06/18 – Omnitrans denies the application as untimely 2/15/18 – Plaintiff files the instant petition for relief from filing requirements 2. Petition for Relief from Government Claim Filing Req...

Excerpt: ...int can be amended to state a viable claim for negligent undertaking. I. Background Facts On August 23, 2017, plaintiffs Marie Elissa Malahi, Matan Anel Malahi and Adrielle Malahi by and through her guardian ad litem Marie Elissa Malahi (collectively “Plaintiffs”), filed a complaint against defendants Montage Hotels & Resorts LLC (“Montage”), Sue Young Sohn (“Sohn”), the Estate of Tony Sun Jae Jung (“Jung”) and Does 1 to 100 stemm...

Excerpt: ...gligence, and failure to fulfill mandatory duties. 2. Motion for Summary 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) the cause of action for general negligence cannot be stated against a public entity, and (c) Streets and Highways Code §§5611 and 5615 do not create a basis for liability against a public entity. a. Initial Note Plaintiff ...

Excerpt: ...entative ruling, which was adopted as the final ruling after hearing: Defendant seeks an order permitting Michael Caleb Meyer to appear as counsel pro hac vice in this action. The application fails to fully sati$' CRC 9.40. While the applicant establishes that he is licensed in the States of Colorado and Nevada, is in good standing, does not regularly work or live in CA, and has an associated CA attorney, Aaron S. Motschenbacher associated as cou...

Excerpt: ...tiff appeared and indicated the parties were discussing settlement. The Court set the case for an OSC re: dismissal for 9/15/17. The OSC was continued twice at Plaintiff's request, to 12/15/17 and then 3/08/18. On 3/08/18, no party appeared, and the Court dismissed the case. At this time, Plaintiff moves to set aside the dismissal. Plaintiff's attorney declares the failure to appear at the OSC was due to a calendaring error in her office. The Cou...

Excerpt: ...se Counsel called Plaintiff's attorney's office to confirm the deposition, and was told Counsel would return the call; there was no return call, and Plaintiff did not appear for deposition the next day. At this time, Defendant moves to compel Plaintiff's deposition and seeks to recover sanctions. The motion to compel is granted. CCP §2025.450(a) requires the Court to grant a motion to compel deposition if a deponent failed to appear for a duly n...

Excerpt: ...f medical records necessary. Additionally, Defendant contends many of its employee witnesses are not available during the summer, because they are on vacation with their families, and therefore trial should be continued until September of 2018. Plaintiff concedes additional discovery concerning medical records is necessary, and indicates the parties have agreed to an IME on 4/28/18. Plaintiff does not oppose a brief trial continuance to complete ...

Excerpt: ...2017, plaintiff Babak Saidian (“Plaintiff”), filed a complaint against defendants Sedrak Ekimyan (“Ekimyan”), Tommy Express Car Wash (“TECW”) and Does 1 to 20 alleging causes of action for (1) negligence, (2) battery and (3) assault. The Court notes that while the first page of the complaint lists Plaintiff's causes of action as (1) negligence, (2) battery and (3) assault (Complaint p.1), the complaint later names battery as the first...

Excerpt: ...s, but failed to serve verifications. Defendant therefore filed a motion for terminating sanctions. The motion was originally set for hearing on 1/26/18. The Court has continued the hearing on the motion a total of four times to permit Plaintiff to provide proper verifications; Plaintiff has served verifications, but they are not in proper form. On 4/05/18, the Court continued the hearing on the motion for the fourth time; the Court continued the...

Excerpt: ...on 1/24/18, setting the exchange date for 2/19/18. Defendant served an expert exchange demand on 1/29/18, setting the exchange date for 2/20/18. Defendant complied with the deadline, but Plaintiff did not. 2. Law Regarding Tardy Expert Designation If a party fails to timely designate its expert(s), and wishes to do so on a later date, that party must make a motion for leave to designate an expert. Such motion is governed by CCP §2034.720, which ...

Excerpt: ...nt in connection with a laparoscopic partial gastrectomy revision and fundoplication procedure performed on Ms. Flores . At this time, Dr. Yi moves for summary judgment, contending he complied with the standard of care at all times, and nothing he did caused or contributed to Plaintiff's claimed damages. Dr. Yi was the anesthesiologist in connection with Plaintiff's surgery. Defendant supports his motion with the expert declaration of Garry Nitti...

Excerpt: ...ey can be consolidated. On 8/10/17, the Court deemed the cases related, such that they are ripe for consolidation at this time. CCP §1048 grants discretion to the trial courts to consolidate actions involving common questions of law or fact. The trial court's decision will not be disturbed on appeal absent a clear showing of abuse of discretion. A consolidation of actions does not affect the rights of the parties. The purpose of consolidatio...

Excerpt: ...er for punitive damages based on the allegation that Defendant was intoxicated at the time of the subject accident. 2. Motion to Strike At this time, Defendant moves to strike the prayer for punitive damages and related allegations. a. Law Governing Punitive Damages in the Context of Driving Under the Influence Allegations that a defendant exhibited a conscious disregard for the safety of others are sufficient to show malice. Taylor v. Superior C...

Excerpt: ...trike. Defendant correctly notes in her moving papers that there are no facts pled in the complaint to support the conclusion that Defendant acted with malice, fraud, or oppression in connection with the attack. Per Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6, a complaint seeking imposition of punitive damages must be supported by facts, as opposed to conclusions, concerning fraud, malice, and/or oppression. The motion to strike is there...

Excerpt: ...unit owned by Cassell and rented by Mazza. At this time, Cassell seeks leave to file a cross‐complaint against Mazza for indemnification and related claims. Cassell contends she learned, during Mazza's deposition, that Mazza had an old bath mat next to the shower and had a burned out light in the bathroom, such that Mazza is primarily at fault for the subject incident, and must indemnify Cassell to the extent she is found liable for Plaintiff's...

Excerpt: ...tion to Transfer Venue At this time, Defendants move to transfer venue to Ventura County, contending the accident took place in Ventura County. Defendants contend Ventura County is the most convenient forum for the action, as all percipient witnesses, including first responders and treating medical personnel, reside in Ventura County. The Court has the discretion, per CCP §397(c), to transfer an action if the Court finds the county in which it w...

Excerpt: ... sole remaining defendant. The basic facts concerning the incident are not in dispute. Plaintiff tripped on a U‐Boat flower cart that Ralphs used for stocking flowers. The U‐Boat was parallel to a floral display. Plaintiff was attempting to reach flowers beyond the U‐Boat, and he caught his ankle under the platform, tripped, and fell. 2. Motion for Summary Judgment At this time, Ralphs moves for summary judgment on the complaint, contending...

Excerpt: ...olicy limit of $15,000. Defendants seek an order from the Court finding that the settlement is in good faith. The Court notes that there are no other defendants in the action, and there are no cross‐ complaints on file. CCP §877.6 applies only to a “settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co‐obligors …” CCP § 877.6(a)(1). the word “alleged” means the defendants need not be ...

Excerpt: ... Court entered an order granting Defendant's motions to compel responses to the outstanding discovery, and also imposing sanctions; the Court ordered Plaintiffs to serve verified responses within ten days. To date, Plaintiffs have not complied with the order; at this time, Defendant seeks an order imposing terminating sanctions. In the alternative, Defendant seeks an OSC re: contempt and/or imposition of monetary sanctions. Pursuant to Deyo v. Ki...

Excerpt: ...ices was added as a doe defendant in the action on 3/10/17. The trial date in the case has been continued twice. It is currently scheduled for 7/10/18. The discovery cut‐off, however, is based on the prior 3/27/18 trial date. Discovery is, therefore, cut off at this time. 2. Motion to Continue Discovery Cut‐Off Defendant, Choura moves to re‐open the discovery cut‐off to permit it to conduct discovery from Plaintiff's treating physicians. ...

Excerpt: ... California State University for damages arising out of a fall that occurred on Defendants' premises. 2. Motion to Transfer Venue Defendants move to transfer venue on the ground that the incident occurred in Orange County, all defendants reside in Orange County, and the parties have stipulated to change venue to Orange County. In light of the showing that venue is not proper in LA County, and in light of the parties' stipulation, the motion to ch...

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. Parties' Positions At this time, Rite Aid moves for an order dismissing the action pursuant to CCP §583.310, wh...

Excerpt: .../19/18, when these motions were filed. On 4/10/18, Plaintiff filed timely opposition to the motion. The opposition indicates substantive responses, without objections, will be served prior to the hearing. In Defendant's reply, Defendants concede the motions are substantively moot. The remaining issue is whether to impose sanctions. Plaintiff argues sanctions should not be imposed because there was substantial justification for his failure to time...

Excerpt: ...16. Plaintiff has 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. On 3/26/18, Plaintiff filed the instant motion to set aside the dismissal. Of note, the caption of Plaintiff's motion to dismiss erroneously indicates the defendant in this action is Los Angeles Unified...

Excerpt: ...e (“IDC”) as required by the Court's 6 th Amended General Order Re: PI Court Procedures (2/25/16), which is available on the LA Superior Court's website, under the Personal Injury section. Additionally, CRC 3.1345(a)(4) requires a separate statement when a party moves to compel answers at a deposition. Plaintiff did not file a separate statement. Finally, the Court notes that Plaintiff did not tab exhibits, as required by CRC 3.1110(f), and d...

Excerpt: ...o compel on 2/06/18, setting them for hearing on 3/09/18. For reasons that are also not clear, Plaintiff did not receive the motions and did not oppose them or appear at the hearing. On 3/09/18, the Court granted the motions to compel. On 3/21/18, Defendant filed the instant motion for terminating, issue, evidence, and/or monetary sanctions. On 4/10/18, Plaintiff timely filed opposition to the motion. Plaintiff attached, as an exhibit to the oppo...

Excerpt: ...on. The parties agreed that an IME was necessary, but disagreed about whether or not it was proper for the defense expert to have a “female chaperone” in the room while the examination was conducted. The Court found in Defendant's favor and ordered Plaintiff to be present with the defense expert and a female chaperone. Defendant, after the hearing, scheduled Plaintiff's IME for 3/07/18. On 3/07/18, Plaintiff appeared for her IME, but she refu...

Excerpt: ...filed a request for fee waiver with her complaint. The Court, on 2/08/18, issued an order indicating it needed more information in order to determine the validity of the request, and set a hearing for 2/22/18. Plaintiff did not appear on 2/22/18, and the Court therefore denied Plaintiff's request for a fee waiver. On 3/12/18, having not received the necessary filing fees, the Court entered an order voiding the filing of Plaintiff's complaint. At ...

Excerpt: ... were due on or before 3/08/18. As of 3/21/18, when Plaintiff filed the motion, Defendant had not served responses; Plaintiff therefore filed the instant motion seeking to have the RFAs deemed admitted, for an order that the objections to the other discovery “be waived,” and for imposition of sanctions. On 4/06/18, Defendant timely filed opposition to the motion. Any reply to the opposition was due on or before 4/16/18. The Court has not rece...

Excerpt: ...tment; it was filed on 8/10/17. On 10/03/17, Defendants filed an answer to the complaint. On 2/28/18, the Court granted Plaintiff's motion for leave to add a cause of action for gross negligence and a prayer for punitive damages to the complaint. Notably, Defendants filed opposition to the motion on 2/23/18, substantially tardy; the Court had not read or considered the opposition prior to the hearing. The Court, in its ruling, expressly indicated...

Excerpt: ...ich is 10/15/18. 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.) Local rules and practices may...

Excerpt: ...sponses to the subject discovery. The crux of the issue before the Court is whether and to what extent a plaintiff who appears in an action by and through her guardian ad litem must substantively respond to discovery. Stated another way, many of the questions posed by way of Defendant's discovery requests are questions to which the minor plaintiff would not reasonably know the answer, due to her age and immaturity. Plaintiff, in opposition to the...

Excerpt: .../18, the Court granted Plaintiff's attorneys' motions to be relieved as counsel. In light of the ruling granting the motion to be relieved, the Court continued the hearing on this motion for terminating sanctions for two months. Since the 2/16/18 continuance, Plaintiff has not filed any opposition to this motion and has not filed a substitution of attorney. The case is scheduled for trial in under two months, on 6/18/18. Pursuant to Deyo v. Kilbo...

Excerpt: ... 2. Confirmation of Award An arbitration award is not directly enforceable until it is confirmed by a court and judgment is entered. (CCP § 1287.6; Jones v. Kvistad (1971) 19 Cal.App.3d 836, 840.) A party who is satisfied with an arbitration award should move to confirm the award. A party may seek a court judgment confirming an arbitration award by filing and serving a petition at least 10 days, but no more than four years after the award is ser...

Excerpt: ...expert to inquire into her medical history. Plaintiff appeared at the examination, but the examination was not actually conducted because (a) the doctor began to question Plaintiff concerning her medical history, and Plaintiff refused to respond, and (b) the doctor asked Plaintiff to put on a gown, and Plaintiff insisted or wearing her loose‐ fitting skirt. On 3/19/18, Defendant filed this motion to compel Plaintiff to attend an IME. Defendant ...

Excerpt: ...the 3/01/18 deposition, Plaintiff's attorney requested a continuance of the deposition, indicating that substantive discovery responses would be served by 3/09/18, and that the deposition would be ripe thereafter. However, Plaintiff has not provided substantive discovery responses, and has not provided new dates for deposition; indeed, Plaintiff's attorney has a motion to be relieved as counsel pending. At this time, Defendant seeks an order comp...

Excerpt: ...uiry, Defense Counsel indicated the deposition would not go forward. Plaintiff wrote and requested deposition dates, but Defendant did not respond. On 1/12/18, Plaintiff again noticed Defendant's deposition, this time for 2/09/18. On 2/08/18, again only in response to Plaintiff's attempt to confirm the deposition, Defense Counsel indicated the deposition would not go forward; again, no reason was stated. Plaintiff went forward with the deposition...

Excerpt: ...ere Plaintiff fell, and Pulmuone was handing out samples of dumplings at the store. Plaintiff's complaint contains causes of action for premises liability against H Mart and general negligence against H Mart and Pulmuone. H Mart and Pulmuone have each filed cross‐complaints against the other for indemnification and related claims. Plaintiff alleges she slipped and fell on one of the dumplings that had been served by Pulmuone and dropped by a cu...

Excerpt: ...rising out of a slip and fall. Plaintiff filed her complaint on 11/10/15. Defendant filed its answer on 12/03/15. On 3/09/17, the Court granted Kmart's motion for leave to file a cross‐complaint against Kellermeyer Bergensons Services, LLC (“KBS”) for declaratory relief, indemnification, and related claims. 2. Motion for Judgment on the Pleadings At this time, Kmart seeks judgment on the pleadings on its cause of action for declaratory reli...

Excerpt: ...party appeared. On 2/13/18, the Court called the case for trial. Again, no party appeared, and the Court dismissed the case. At this time, Plaintiff moves to set aside the dismissal. Plaintiff's attorney declares the failure to appear at the FSC and trial was due to a calendaring error in his office. The Court has discretion to vacate a dismissal under Cal. Code Civ. Proc. §473. The motion must be made within “a reasonable time,” not exceedi...

Excerpt: ...are provided in Counsel's declaration in support of the motion. The motion is denied for two reasons. First, the motion is set to be heard unreasonably close to the trial date. The trial date in the case is 5/14/18, and the FSC is scheduled for 5/02/18, approximately one month after the hearing on this motion. Unlike their clients, attorneys do not have an absolute right to withdraw from representation at any time with or without cause. Even wher...

Excerpt: ...facts that defendant was negligent. See undisputed facts 5‐7 and Exhibits C and D to the Levy Declaration. The foregoing facts conclusively negate Plaintiff's sole causes of action against Ralphs for negligence and premises liability. Ralphs therefore met its burden to establish it is entitled to judgment as a matter of law on Plaintiff's complaint. Any opposition to the motion was due on or before 3/21/18. Plaintiff has not opposed the motion....

Excerpt: ...e involved in the accident, and PV Holding is sued as the owner of the automobile and for negligently entrusting the vehicle to Leelakanti. Plaintiff filed this action on 10/26/16. On 6/20/17, he filed an application to serve the summons and complaint on Leelakanti via publication. On 6/28/17, the Court granted the order for publication. On 8/14/17, she filed proof of service of the summons and complaint on Leelakanti via publication. Motion to Q...

Excerpt: ...lled three people. Plaintiffs filed their complaint on 11/03/17. 2. Motion to Transfer Venue At this time, Honda moves to transfer venue to Stanislaus County, contending the accident took place in Stanislaus County. Honda contends Stanislaus County is the most convenient forum for the action. a. Initial Note Any opposition to the motion was due on or before 3/21/18. The Court has not received opposition to the motion. b. Inconvenient Forum Defend...

Excerpt: ...s On December 22, 2017, plaintiff Carmen Reyes (“Plaintiff”), filed a complaint against defendant City of Monterey Park (the “City”) and Does 1 to 50. On February 2, 2018, Plaintiff filed a first amended complaint (“FAC”) alleging a cause of action for (1) negligence (2) premises liability, (3) negligence (Gov. Code sections 815.4 and 815.6) and (4) dangerous condition of public property. The first and second claims are alleged agains...

Excerpt: ...y that occurred at a party. Plaintiff's operative First Amended Complaint includes a cause of action for “intentional tort” against the Carrier Defendants. The substantive allegations of the cause of action are as follows: Chad Carrier and Gail Carrier owned, owned, managed and controlled a single family dwelling at 521 Via Del Monte, Palos Verdes Estates, CA 90274, wherein the following occurred, took place, and/or at which said defendants: ...

Excerpt: ...nted Fletcher's Floors's motion for terminating sanctions on Plaintiff's complaint. However, a cross‐complaint remains pending between Fletcher's and Ralphs, such that Fletcher's remains an active party in this litigation. 2. Motion to Compel Independent Medical Examination a. Initial Note Opposition to this motion was due on or before 3/20/18. CCP §1005(b). The Court has not received any opposition to the motion. b. Merits Defendant has propo...

Excerpt: ...r at either deposition. At this time, Defendant seeks an order compelling Plaintiffs to appear for their depositions on a date certain. CCP §2025.450(b)(2) provides, “(2) The motion shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, by a declaration stating t...

Excerpt: ... Further Responses a. History of Discovery Dispute Defendants, Welch and Ramirez propounded form interrogatories and RFAs on Plaintiff on 9/29/17. Plaintiff served responses, which Defendant believed were insufficient. Defendant made an attempt to meet and confer with Plaintiff, who promised to amend/supplement the responses. Plaintiff did so on 1/08/18. However, Defendant continued to believe the responses were insufficient, and again attempted ...

Excerpt: ...ling Plaintiff to sign an authorization to permit the Los Angeles Air Force Base to release Plaintiff's medical records. Defendant presents no relevant authority in support of the motion to compel Plaintiff to sign an authorization. In Miranda v. 21 st Century Ins. Co. (2004) 117 Cal.App.4 th 913, 918‐919, the plaintiff made an underinsured motorist's claim. The defendant commenced discovery, which revealed that the plaintiff had been treated f...

Excerpt: ...nclude allegations of negligence per se and gross negligence or willful misconduct. The Court is inclined to sustain the demurrer to the fourth and fifth causes of action without leave to amend unless Plaintiff can make an offer of proof at the hearing on how the complaint can be amended to state a claim under Vehicle Code sections 14606 and 14604. The Court is also inclined to grant the motion to strike the prayer for punitive damages without le...

Excerpt: ...pulated to continue the trial date three times, and is currently scheduled for 6/19/18. At this time, Plaintiff moves to continue the trial date for approximately three months, from 6/19/18 to 9/12/18. Of note, all parties to the action agree to the requested continuance. Plaintiff indicates two reasons for the requested continuance: first, “counsel” (unclear whether this is Plaintiff's attorney or Defendant's attorney) requested Plaintiff's ...

Excerpt: ...ts were negligent in their care and treatment of her father, who had a disease called esophageal varacies. She alleges her father, in light of his condition, was to have a very reduced sodium diet. Her father told Defendants he had this condition, and they did not believe him; he died in the ICU as a result of their failure to treat him for this condition. 2. Motions for Summary Judgment At this time, Drs. White and Patrus move for summary judgme...