Excerpt: ... ignored all attempts at communication and is not complying with discovery obligations such that further representation is not possible. The Court notes that Counsel filed this action on behalf of two plaintiffs – Gladys and David Cruz. The motion, however, is directed only at Gladys. On 3/23/18, Counsel filed an “amended motion” directed at both of the plaintiffs. The 3/23/18 papers, however, were served by mail, and were therefore not tim...

Excerpt: ...loss of consortium. The basic facts concerning the incident are undisputed. There was a dresser with a table top, and the bottom and top drawers (but not middle drawer) were open. Plaintiff was looking at something on the top of the dresser, and she closed the top drawer, but she did not close the bottom drawer. She then turned to show her husband something, and as she turned back toward the dresser, she tripped on the bottom (still open) drawer,...

Excerpt: ... Rivas. Since Plaintiffs have already amended the pleadings twice and since there are no facts alleged as to how the pleadings can be amended to defeat the statute of limitations bar as to Western Freight Carrier Inc, the Court finds that the Second Amended Complaint cannot be reasonably amended. Thus, no leave is to amend is granted. I. Background On May 15, 2017, plaintiffs Lily Hernandez and Melissa Hernandez (jointly “Plaintiffs”), filed ...

Excerpt: ...lure 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 address has not been ...

Excerpt: ...viously denied Plaintiff's motion to reinstate the action without prejudice. The Court held: Plaintiff's motion is summarily denied without prejudice. Plaintiff's counsel represents plaintiff sent a check for plaintiff's first filing fee to the court on December 21, 2017, but fails to attach a copy of same or attach any other proof of payment. Plaintiff's counsel's statements “[p]laintiff sent the check to the Court on December 21, 2017 and app...

Excerpt: ...tensions of time to respond, but insisted responses must be without objections, which were waived due to failure to timely respond; on 2/08/18, Plaintiff served responses, which consisted entirely of objections are were not verified. At this time, Defendants move to compel responses to the discovery at issue and move to deem the RFAs admitted. The initial question before the Court is whether these motions were properly filed as motions to compel ...

Excerpt: ...anding 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 are circumstances where imposition of t...

Excerpt: ...esided there for approximately eleven years. The fall occurred when she was walking from her unit to her mailbox, which was located in the front of the complex. At this time, Defendant moves for summary judgment on the complaint, contending the defect at issue was trivial as a matter of law. As an initial note, Plaintiff's opposing separate statement fails to comply with CRC 3.1350(f) and (h). Plaintiff fails to identify the evidence she contends...

Excerpt: ...t of a multi‐vehicle automobile accident. 2. Motion for Determination of Good Faith Settlement At this time, the Reed Defendants have entered into a policy limits settlement with Plaintiffs for the total amount of $50,000. They seek an order finding the settlement in good faith and barring any cross‐complaints against them for indemnification or related claims. The Court previously denied the Reed Defendants' motion for determination of good ...

Excerpt: ...NIED as to requests (1), (2), (4), (5), (7), (8) and (10). The Motion to Strike is also GRANTED as to requests (3) and (6). The Court is inclined to grant the motion as to requests (3) and (6) without leave to amend unless Plaintiff can make an offer of proof on what other sections of the Education Code except for section 44807 can be alleged to have been violated. If leave is granted, Plaintiff has fifteen days' leave to amend. If no leave to am...

Excerpt: ...ez (“Martinez”) (jointly “Plaintiffs”) filed this action against Juan Carlos Diaz Ramirez (“Ramirez”) and Maria Del Socorro Torres‐Flores (“Torres‐Flores”) and Does 1 through 30. On December 14, 2017, Plaintiffs filed a first amended complaint (“FAC”) alleging causes of action for general negligence and motor vehicle negligence. The FAC alleges that on October 20, 2015, the defendants were negligent in operating and owning...

Excerpt: ...efendant met its moving burden to show it is entitled to judgment as a matter of law, and (b) Plaintiff met her shifted burden to raise triable issues of material fact. Of note, the Court's tentative ruling relied partly on the expert declaration of Philip Rosescu. At the hearing, Defendant strenuously argued that the Declaration of Rosescu was objectionable under the recent ruling of Perry v. Bakewell Hawthorne, LLC (2017) 2 Cal.5 th 536, 538. I...

Excerpt: ...or damages arising out of an automobile v. tour van accident. Trial in this case is currently scheduled for 5/14/18; Defendants move to continue the trial date and the related discovery cut‐off. Notably, after Defendants filed this motion, the parties agreed to continue the trial date to 8/06/18. The parties also agreed that Defendants will be able to conduct limited discovery concerning one of Plaintiff's treating physicians, Dr. Pospisil. The...

Excerpt: ...ginally set for trial on 11/20/17. The parties have stipulated twice to continue the trial date, and trial is currently scheduled for 5/02/18. At this time, Defendant moves to continue the trial date for six months, from 5/02/18 to 10/29/18. Of note, all parties to the action agree to the requested continuance. Defendant indicates the reason for the requested continuance is the fact that Defendants' lead trial attorney has taken an unexpected lea...

Excerpt: ...over for their own damages arising out of the accident. The parties disagree concerning who is at fault for the accident. On 2/14/18, Defendants propounded a deposition subpoena for production of business records on Plaintiff's insurance carrier, Access General Insurance Company. The subpoena sought production of Plaintiff's complete insurance file. 2. Motion to Quash or Modify Subpoena Propounded on Farmers Insurance Exchange Plaintiff moves to ...

Excerpt: ...plaint 10/07/15. The Court held an OSC re: proof of service on 5/23/17. Plaintiff indicated she had been unable to locate Defendant, and the Court set an OSC re: dismissal for 9/21/17. Plaintiff failed to appear, and the Court dismissed the case. The minute order contains a proof of service by the clerk on Plaintiff's counsel. 2. Motion to Set Aside Dismissal On 3/09/18, Plaintiff filed the instant motion to set aside the dismissal. Plaintiff arg...

Excerpt: ...aintiff filed proof of service of the summons, complaint, statement of damages, and related documents; the POS indicates Defendant was served on 10/20/16 via substitute service on his office administrator at his place of business. On 10/10/17, the Clerk entered Defendant's default. On 2/07/18, the Court entered a default judgment against Defendant. 2. Motion for Relief At this time, Defendant moves to set aside the default and default judgment en...

Excerpt: ...ossible. Counsel originally scheduled the motion for hearing on 1/24/18. Counsel failed to appear at the hearing, and the Court took the matter off calendar. Counsel re‐filed the motion, setting it for hearing on 2/28/18. Prior to the hearing, the Court issued a tentative ruling as follows: The motion is denied without prejudice. Counsel's declaration indicates Client was served by personal service and also service by mail. The proof of service...

Excerpt: ...cally, Plaintiff alleges she slipped and fell on water while dancing on Defendants' premises. At this time, Elks moves for summary judgment, contending the complaint fails because Plaintiff does not know what she slipped on and cannot establish the existence of a dangerous condition. Plaintiff declares that she felt her foot slip while dancing and fell backwards. Neither Plaintiff nor anyone she was with specifically saw anything wet on the floor...

Excerpt: ...anted. I. Background Facts On June 8, 2016, plaintiff Jessica Robinson (“Plaintiff”) filed a complaint against defendants Central Regional Detention Facility [AKA Lynwood Women's County Jail] (“CRDF”), Los Angeles County Sherriff's Department, County of Los Angeles (“County”), and does 1 to 50 alleging a single cause of action for negligence under Government Code § 945. Plaintiff alleges that on April 26, 2015, the defendants neglige...

Excerpt: ...examination of Plaintiff. The motion is denied for two reasons. First, the motion is denied for the same reason the Court previously denied the ex parte applications: the Court previously found that Defendant knew, no later than November of 2017, about Plaintiff's claim that she needs to have back surgery. See Exhibit A to Plaintiff's opposition, which is the Court's notes concerning the 1/29/18 application, and includes the following language: D...

Excerpt: ...ms a variety of injuries arising out of the accident, and Defendant previously had Plaintiff examined by a neurosurgeon because Plaintiff's treating physician recommended back surgery. At this time, Defendant moves to compel Plaintiff to sit for a second IME, this time with an orthopedic surgeon. Defendant seeks to compel this second examination because Plaintiff also claims ongoing pain to his knee and shoulder, with the possibility of surgery i...

Excerpt: ...tiffs can make an offer of proof at the hearing on how the First Cause of Action can be amended in light of the statute of limitations issue. I. Background On October 11, 2017, plaintiff Karson Curtis (“Curtis”), minor by and through his guardian ad litem Dana K. Dunmore (“Dunmore”), and Dunmore individually (jointly “Plaintiffs”) filed this action against Dignity Health dba California Hospital Medical Center (“Dignity Health”) (e...

Excerpt: ... in Los Angeles County is not proper. The motion to strike is denied for two reasons. First, the proper motion when venue is disputed is a motion to change venue, which is governed by CCP §§396, et seq. Second, pursuant to CCP §395(a), venue is proper where the injury occurred or where defendant resides. The complaint alleges, at ¶2, that Defendant resides in the City of West Covina, which is in the County of Los Angeles. Defendant erroneousl...

Excerpt: ...is inclined to SUSTAIN the demurrer as to LAC+USC Medical Center 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 against LAC+USC Medical Center. If no leave is granted, County of Los Angeles is ordered to file an answer within ten days of this order. I. Background Facts On March 9, 2017, plaintiff Lorenzo Jones (“Plaintiff”) filed a complaint against defend...

Excerpt: ...urt denied the request for a fee waiver. On 11/30/17, the Clerk voided the filing of the complaint. At this time, Plaintiff seeks an order reinstating the case. He indicates that he paid the necessary fees on 12/01/17, and the Clerk cashed the check. Indeed, the Court's file shows receipt of the filing fee on 12/07/17. Plaintiff's attorney declares he neglected to timely send the check such that the Court would receive the check before the case w...

Excerpt: .... This is not proper; CCP §1005(c) requires opposition documents to be served in a manner calculated to ensure delivery by the next business day. On 3/21/18, Defendant filed a notice of non‐opposition to the motion, wherein it indicates it did not receive any opposition to its motion. Defendant has not filed a substantive reply to the opposition. The Court wishes to read and consider the opposition, despite the fact that it was not properly se...

Excerpt: ...ther Responses a. History of Discovery Dispute Defendants propounded special interrogatories on Plaintiff on 8/29/17. Plaintiff served responses, which resulted in meet and confer efforts, including an informal discovery conference. The parties were able to resolve numerous issues, but issues concerning interrogatories 50 and 51 remain unresolved. b. Merits Interrogatories 50 and 51 seek identification of Plaintiff's primary care physician for th...

Excerpt: ...lly, Plaintiff alleges: Defendants, by and through their agents and/or employees, carelessly, negligently, and with malfeasance, created a dangerous condition by placing a cart leaning on the wall at Defendant's premises, which was open to the public, in a manner that caused the cart to fall and hit Plaintiff ‐ an infant ‐ in the face, causing serious injury. At this time, Defendant moves to reclassify this case as a limited jurisdiction case...

Excerpt: ...‐complaint against Tigers Youth Club for indemnification and related claims; the cross‐ complaint alleges the parties had a formal agreement pursuant to which Tigers Youth Club was obligated to provide an insurance policy and indemnify the District for any injuries sustained during games. Plaintiff filed her complaint on 6/03/15, and the matter was originally set for trial on 12/05/16. The trial date has been continued four times, and trial i...

Excerpt: ... complaint on 7/11/16, and the matter was originally set for trial on 1/11/18. The parties stipulated to continue the trial date to 5/08/18. At this time, Defendant moves to continue the trial date for approximately four months, from 5/08/18 to 9/11/18. Of note, all parties to the action agree to the requested continuance. Defendant establishes that the parties have a mediation scheduled on 7/18/18, the first mutually agreeable date for mediation...

Excerpt: ...as to the Second Cause of Action for Intentional Infliction of Emotional Distress. The Motion to Strike by Diana Pourmoradi is GRANTED in entirety. Plaintiff is granted fifteen days' leave to amend. I. Background Facts On July 7, 2017, plaintiff Keyvan Shahrouz (“Plaintiff”), filed a complaint against defendants Diana Pourmoradi (“Pourmoradi”) and Does 1 to 100 alleging causes of action for (1) motor vehicle negligence, (2) intentional in...

Excerpt: ...et for trial on 10/02/17. The parties have continued the trial date twice, and it is now set for 4/02/18. At this time, Defendant moves to continue the trial date for approximately three months, from 4/02/18 to early July of 2018. Of note, all parties to the action have stipulated to the requested continuance. Defendant establishes that Plaintiff recently had surgery on her knee (for injuries claimed to be a result of the accident), and therefore...

Excerpt: ...intiff Gagik Asatryan was at Defendant Vladimir Manasian's home, located at 1725 Ridgeway Drive, Glendale, CA 91202, on February 22, 2014. As Plaintiff was stepping down from Defendant's ladder, he fell and injured his right ankle, resulting in a compound fracture. Plaintiff further alleges that the ladder was faulty. 2. Motion for Summary Judgment Defendant moves for summary judgment on the complaint, contending (a) the ladder was not da...

Excerpt: ...truction Group, Inc. to recover workers' compensation benefits paid to its insured's employee, Jose Luis Guzman, in connection with a workplace injury. At this time, Guzman seeks leave to file a complaint‐in‐intervention against the same defendants. 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...

Excerpt: ... Holding Co. is a suspended corporation and therefore cannot file an answer in this case. Its insurance company, United Specialty Insurance Company, seeks leave to file a demurrer and answer‐in‐intervention on its behalf. A liability insurer normally is not a party to a third party action against its insured, but may have the right to intervene in certain circumstances. Pursuant to Kaufman & Broad Communities, Inc. v. Performance Plastering, ...

Excerpt: ...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 homeless, works as a d...

Excerpt: ...levard Nightlife Group, LLC, and Freddy Braidy for damages arising out of an assault and battery on Plaintiff by a patron of Defendants' nightclub. Plaintiff filed his complaint on 6/27/13. Plaintiff named Doe 1, Gordon California Properties, LLC on 10/01/13. On 1/30/18, Doe 1, Gordon, filed the instant motion to dismiss. It moves to dismiss the complaint pursuant to CCP §§583.410 and 583.420, which collectively permit the Court to dismiss an a...

Excerpt: ...tiff filed a proof of service of the summons and complaint. The proof of service shows Plaintiff served Defendant, Guzmen via substitute service on 8/12/17. On 10/11/17, the Clerk entered Guzman's default. To date, Plaintiff has not filed proof of service of the summons and complaint on Valdez. To date, no default judgment has been entered. 2. Motion for Leave to Intervene At this time, Coast National Insurance Company moves for leave to interven...

Excerpt: ...es Bar: Nightclub and Happy Hour, Bogies at the Westlake Village Inn, Westlake Village LLC and Does 1 to 50 alleging causes of action for (1) general negligence, (2) premises liability, (3) negligent infliction of emotional distress and (4) negligent hiring/retention/supervision. The complaint alleges that on January 1, 2016, Plaintiff was injured due to the defendants' negligence and carelessness. (Complaint p.4‐7.) On February 14, 2018, Westl...

Excerpt: ...laint on 1/06/17. Plaintiff filed proof of service of the summons and complaint on 3/22/17, showing service on Defendant, Hristo Enriquez via substituted service. The POS shows Defendant was served on 2/03/17 with the papers mailed on 3/13/17. On 7/12/17, Plaintiff filed a proof of service of a Statement of Damages on Defendant, Hristo Enriquez. The POS shows the Statement of Damages was served via personal service on 7/09/17. On 8/24/17, at Plai...

Excerpt: ...ntiffs filed this action on 6/19/17. On 11/29/17, Plaintiff filed proof of service of the summons and complaint on Defendant, Dan Aronow, M.D. The POS indicates Defendant was served via personal service at 9808 Venice Blvd. in Culver City. Motion to Quash At this time, specially appearing Defendant Aronow moves to quash service of the summons and complaint, contending he was not at 9808 Venice Blvd. on the date and time when he was purportedly se...

Excerpt: ...hes 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 counsel in the case, of his declaration fails to fully satis$r the requirements of CRC requires an attorney seeking admission pro hac vice to list each and every case in which he has appeared in the past Ävo years. Counsel declares he appeared in one spe...

Excerpt: ...jections, to the outstanding discovery and to pay sanctions. Defendants' motions are granted. Plaintiffs are ordered to serve verified responses to form 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). Defendants seek sanctions in the amount of $660/motion – two hours to prepare each motion and two hours to appear at the hearing, all a...

Excerpt: ...ders; at this time, Defendants seek an order imposing terminating sanctions. Of note, Defendants have filed three motions for terminating sanctions, one relating to each failure to comply with the 11/16/17 order. 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 approp...

Excerpt: ...stain the demurrer without leave to amend unless Plaintiff can make an offer of proof at the hearing on how the premises liability claim can be amended to sufficiently state a claim. In the case that leave is granted, Plaintiff has fifteen days' leave to amend, otherwise, Bank of America Corporation is ordered to file an answer within ten days of this order. I. Background Facts On December 4, 2017, plaintiffs Sevag Salibian, Sevan Salibian, Haig ...

Excerpt: ...ty and negligence against Domino Realty Management Co., Inc., the entity that owned the adjacent property. Domino filed an answer to the complaint and simultaneously filed a cross‐ complaint against its sole tenant on the property, Veolia Energy Los Angeles, Inc. The cross‐complaint contains three causes of action for indemnification and a cause of action for declaratory relief. On 5/11/17, the attorney for the City of Los Angeles filed a Req...

Excerpt: ...s relating to the matter are undisputed, and are as follows: Decedent had been Dr. Lew's patient for more than twenty years. Decedent became a resident at Co‐Defendants' facility on 3/03/15. On 3/09/15, at 8:30 a.m., she fell. On 3/10/15, at 8:45 p.m., she began to have diarrhea and was given Immodium. On 3/10/15, at 10:50 p.m., she was found unresponsive and was transferred to the ER. She had a do not resuscitate order, and died a few days lat...

Excerpt: ...S. 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 served. (CCP §§ 1288, 12...

Excerpt: .../01/18. Defendant therefore seeks an order continuing the trial date until after the MSJ hearing date. Plaintiff opposes the motion, arguing Defendant has not acted with diligence in defending the case. 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 ...

Excerpt: ...irst, Plaintiff alleges Nomoto was negligent in allowing a physician's assistant to remove a medical drain from his back; second, Plaintiff alleges Nomoto was negligent in connection with a subsequent surgery, which surgery he alleges caused him to sustain a “frozen shoulder.” At this time, Nomoto 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 ...

Excerpt: ...aint on 3/23/17, and Defendants filed their answer on 4/21/17. 2. Motion for Leave to File Cross‐Complaint At this time, Defendant, Yizthak Aboukrat moves for leave to file a cross‐complaint against Plaintiff for assault and battery arising out of the same incident that forms the basis of the complaint. Plaintiff opposes the motion, arguing (a) the motion is not made in good faith, and (b) the motion was not timely or properly served on Plain...

Excerpt: ...ded with an unsecured gate on Defendant's premises. At this time, Hotel seeks leave to file a cross‐complaint against the adjacent Crystal Casino (“Casino”), Plaintiff's employer, for indemnification and related claims. Hotel contends Casino is at fault, in whole or in part, for the subject incident, and must indemnify Hotel to the extent it is found liable for Plainitff's damages. A cross‐complaint against any of the parties who filed th...

Excerpt: ...ged as a result of Defendants' negligence. Plaintiffs, Evelyn and Claire allege they suffered emotional distress as a result of witnessing the damage to Shane. Procedural History On September 27, 2017, Defendant, Torrance Memorial Physician Network (“TMPN”) filed a motion for summary judgment or adjudication, setting it for hearing on December 15, 2017. In its reply, TMPN indicated it was withdrawing its motion for summary judgment, and would...

Excerpt: ...ts 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 December 26, 2017, Metro demurred to the Complaint on the grounds that it failed to state facts sufficient to constitute a cause of action, is uncertain, and improperly named Scott, a private third party as a defendant in this actio...

Excerpt: ...ng out of a dog bite that occurred at a property owned by moving Defendant. Moving Defendant was added to the complaint via amendment on October 3, 2017. Trial is scheduled for August 21, 2018. 2. Motion for Leave to File Cross‐Complaint Defendant Lenmar Beverly Glenn moves for leave to file a cross‐complaint against Defendant Alexander Katzman, alleging causes of action for indemnity, implied indemnity, total equitable indemnity, comparative...

Excerpt: ... for Production of Business Records against Aetna Health and Life Insurance Company is GRANTED. The Motion of Defendant Mrs. Gooch's Natural Food Markets, Inc. dba Whole Foods Market to Compel Compliance with Deposition Subpoena for Production of Business Records against Providence St. Joseph Center is DENIED. BACKGROUND FACTS On March 17, 2017, plaintiff Tina Louise Gonzales (“Plaintiff”) filed a Complaint against Mrs. Gooch's Natural Food M...

Excerpt: ...date, despite an attempt to meet and confer and an extension, Plaintiff has not served responses. (Id. ¶ 5‐8.) Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Plaintiff failed to oppose this motion. Defendant's motion is granted. Plaintiff is ordered to serve verified responses to form interrogatories, special interrogatories, and two sets of Demands for...

Excerpt: ...luntarily produce their out‐of‐state medical records. Plaintiffs have not responded to Defendant's request. Accordingly, Defendant has filed two motions, one for each plaintiff, each requesting that the Court commission Albert Hollan as commissioner in Texas for purposes of issuing deposition subpoenas in Texas to obtain the medical records. Pursuant to CCP § 2026.010(f): On request, the clerk of the court shall issue a commission authorizin...

Excerpt: ...Reseda Park, L.P., and G&K Management Co., alleging they were responsible for a dangerous condition in her apartment. Plaintiff allegedly 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. Defendants filed a motion for summary judgment on July 20, 2017, arguing (1) the defective condition was trivial, and (2) the...

Excerpt: ...is action against Defendant, Noe Jacobo‐Jacobo for damages arising out of an automobile accident. Plaintiff sustained soft tissue injuries to his neck and back, and was prescribed pain medication. Plaintiff has recovered completely from the effects of the injuries. Plaintiff, by and through his GAL Mona Ibrahim and attorney Andrew L. Treger, has agreed to settle his action with Defendant for the total amount of $8,000. If approved, $3,545.11 wi...

Excerpt: ...ted. “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect…Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is...

Excerpt: ...ay 18, 2017. Plaintiff did not file a timely response to these discovery requests. On November 21, 2017 the court ordered Plaintiff to respond to the discovery requests and imposed monetary sanctions of $620.00. Plaintiff did not timely comply with this order and did not pay the sanctions. Defendant now moves for terminating sanctions. Plaintiff has not filed an opposition. Pursuant to Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 776, the Court sh...

Excerpt: ...uth County Facility is granted. Plaintiff is ordered to appear for deposition at the Los Angeles County Sheriff's Department, South County Pitchess Facility located at 29330 The Old Road, in Castaic, California, on Wednesday, 3/21/18 at 10:00 a.m. or another date agreed to by the parties. Defendants noticed Plaintiff's deposition for 12/21/17 and again for 1/31/18, both of which did not proceed due to Plaintiff's inability to appear at the design...

Excerpt: ...rved responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Defendant's motions are granted. Plaintiff 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). Sanctions are mandatory. §§2030.290(c), 2031.300(c). Defendant seeks san...

Excerpt: .... Plaintiff Deir Andrade brought suit on September 18, 2015. On June 07, 2017, Defendants Safeway, Inc., and Vons Division Pavilions filed a motion to have requests for admissions deemed admitted. On August 1, 2017, the Court granted the motion. On September 27, 2017, in large part based on the admissions, Defendants moved for judgment on the pleadings. The motion originally came on for hearing on November 30, 2017, but was continued to Plaintiff...

Excerpt: ..., 2017, Garibay filed a complaint against Bautista. CCP section 1048 states, in relevant part: (a) When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. (b) The court, in furthera...

Excerpt: .... On July 17, 2017, the case was remanded to this Court. On October 30, 2017, Plaintiff served a meet and confer letter regarding the instant motion to compel responses. (Nazif Decl. ¶ 4.) On November 1, 2017, Defendant responded that there was no outstanding discovery, because the parties had agreed to re‐serve all discovery from before the removal/remand, and Plaintiff had not done so. (Nazif Decl. ¶ 5.) Although Plaintiff disagreed with th...

Excerpt: ...uring that ride, the bus driver suddenly braked and caused the passenger's body to slam into a metal seat rail. Plaintiff alleges injuries to the neck, head, shoulder, ribs, and back. Compl. at ¶¶ 9—12. LEGAL STANDARDS <0048000300560048004600 00030053005500520059[ides that upon the order of the court, an attorney in an action or special proceeding may be changed at any time before or after judgment of final determination upon the application ...

Excerpt: ... of acceptance of the offer. Pursuant to CCP § 998(b)(1), “If the offer is accepted, the offer with proof of acceptance shall be filed and the clerk or the judge shall enter judgment accordingly.” However, the parties are also supposed to file with the Court “a written judgment for the court's signature.” (See Weil & Brown, Cal. Pract. Guide: Civ. Proc. Before Trial (Rutter Group 2017) § 12:640; CRC, Rule 3.250(a)(23).) There is no reco...

Excerpt: ...ffs shall be pursuant to the new trial date. On July 20, 2017, pursuant to an ex parte application to continue trial, the Court set trial for November 28, 2017, with an FSC set for November 14, 2017, and the discovery cut‐off to be calculated based on the new date. On October 3, 2017, the Court heard and granted another ex parte application to continue trial. The Court set trial for February 7, 2018, with an FSC set for January 26, 2018, and th...

Excerpt: ...altercation between Plaintiff and Defendant in a parking lot on September 23, 2014. Plaintiff filed a proof of service on March 23, 2017, stating that Plaintiff was served by substitute service on February 20, 2017. The proof of service indicates the complaint and other documents were served on Plaintiff's “gatekeeper,” after some thirty‐two attempts at personal service, and were subsequently mailed to Plaintiff on March 11, 2017. Default w...

Excerpt: ...she tripped and fell on a sprinkler protruding from property owned by Finale onto a public sidewalk owned by the City of Los Angeles. On November 29, 2017, Plaintiff noticed the deposition of Finale, for January 19, 2018. On January 18, 2018, Finale brought the instant motion to quash and for protective order. Finale argues she is 93 years old, and that a deposition would therefore be unduly burdensome. Finale also argues she is willing to provid...

Excerpt: ... inside property owned and managed by Defendants Yong Ok Kim, Bee Investment, Inc., Kenny Chung, Calusaa Park, NextGo Investment, Inc., John Lee, and Joshua Choung. Defendants initially sought to subpoena medical records from Plaintiff's medical providers on November 3, 2017. (Kim Decl., Exh. B.) Plaintiff objected, and sent a meet and confer letter on November 10, 2017, seeking to narrow the scope of the subpoenas. (Quiroga Decl. ¶ 5.) The lett...

Excerpt: ...dant Target Corporation (“Defendant” or “Target”), alleging causes of action for (1) Negligence; (2) Premises Liability; and (3) Loss of Consortium. Plaintiffs allege that, on September 29, 2015, plaintiff Alicia Cruz fell due to a wet floor while shopping at the Target Store on 6705 Cherry Avenue, Long Beach, California 90805. (Compl., ¶ 5‐6.) Plaintiffs allege that Defendant negligently maintained the subject premises. (Id. at ¶ 14....

Excerpt: ... of Trustees of the California State University for damages arising out of a trip and fall over wires connected to a projector system in a classroom. The complaint contains a sole cause of action for dangerous condition of public property against Defendant. Defendant filed a motion for summary judgment on November 22, 2017, arguing there was no dangerous condition on the property because there was no substantial risk of injury when the property w...

Excerpt: ...nt Michael Angelo Catalano (“Defendant”), alleging causes of action for (1) Negligence; and (2) Negligence Per Se. Plaintiff alleges that, on July 23, 2016, Plaintiff and Defendant were traveling westbound along Westchester Parkway. (Compl., ¶¶ 7‐8.) Defendant allegedly initiated a U‐turn midblock and collided with Plaintiff's vehicle. (Id. at ¶ 8.) Defendant moves for leave to amend his Answer to include comparative negligence as an a...

Excerpt: ... Kearney (“Plaintiff”) filed this action against Defendants Kaiser Foundation Health Plan, Inc. (“KFHP”) and Does 1‐50. The sole cause of action alleged against defendant is for premises liability. Plaintiff alleges that “on or about November 6, 2014 [he] was upon said premises of defendants…at or near 765 W. College Street, Los Angeles, California, and as a proximate result of the negligence of said defendants in constructing, repa...

Excerpt: ...pany. Their Motion to Confirm Arbitration Award is denied without prejudice. Petitioners originally brought their motion in October 2017. The Court denied the motion without prejudice on January 30, 2018 for (1) failure to attach a copy of the parties' agreement to arbitrate and (2) failure to properly serve the motion upon Respondent. Petitioners refiled on January 31, 2018. An arbitration award is not directly enforceable until it is confirmed ...

Excerpt: ...e date of filing on Plaintiffs' complaint corrected nunc pro tunc to reflect that the complaint was filed on October 24, 2017. Plaintiffs Lucas Feruglio and Natalia Montes de Oca were involved in a motor vehicle accident on October 24, 2015. Accordingly, per the statute of limitations, the last day to bring an action was October 24, 2017. On that date, Plaintiffs submitted their complaint and request for fee waiver pursuant to the Court's electro...

Excerpt: ...le riding a bicycle on a public road, he was struck by a motor vehicle. Plaintiff alleges the vehicle was driven by Defendant Gilvert Perez Garcia (“Garcia”), as part of his employment with Defendant K‐Town Valet Services (“K‐ Town”), which is in turn alleged to be an employee of Defendant David Lo Pan, LLC, dba Lock & Key – Stall 239 (“Lock & Key”), a bar and restaurant for whom K‐Town was allegedly providing valet services. ...

Excerpt: ...x filed the instant complaint on August 21, 2017. On October 5, 2017, moving counsel filed an answer on behalf of all three defendants—Tufesa USA, LLC, Autotransportes Tufesa S.A. de C.V., and Arambula Caro. Counsel now seeks leave to file an amended answer omitting Arambula Caro. “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name o...

Excerpt: ... crash occurred on the 110 freeway in Los Angeles near 9 th Street. Plaintiff Camarena was driving and plaintiff Martinez was in the passenger seat. Defendant Pia Banez was driving directly behind plaintiffs. The car was owned by her father, Edgar Banez. Plaintiff stopped his car because of vehicular traffic ahead. Defendants' vehicle crashed into the back of plaintiff's vehicle. Defendants served two demands for a medical examination of plaintif...

Excerpt: ...on of documents, without objections, within ten days. Plaintiff is ordered to pay sanctions to Defendant, by and through counsel of record, in the amount of $925. Defendants propounded form interrogatories, special interrogatories, and requests for production of documents on Plaintiff on January 24, 2017. Plaintiff, at the time, was represented by Counsel. Counsel for both parties agreed to multiple extensions of the time to respond, ultimately r...

Excerpt: ...Bernard Sakmar and Madeline Sakmar (collectively “Defendants”), alleging causes of action for (1) Strict Liability (Civil Code § 3342); (2) Strict Liability (Common Law); and (3) Negligence. Plaintiff alleges the following: On May 27, 2017, Plaintiff was walking on the street where Defendants reside and was viciously attacked by Defendants' dog. (Compl., ¶ 8.) Plaintiff suffered severe injuries that required medical treatment and other prof...

Excerpt: ...ntiff Miriam Rafailzadeh brought suit against Defendants City of Los Angeles, County of Los Angeles, and JP Morgan Chase Bank, N.A., on February 08, 2013, alleging she suffered an injury when she slipped and fell on a sidewalk for which some or all Defendants were responsible. Following various continuances, trial was set for March 7, 2018. On February 23, 2018, Defendants City of Los Angeles and JP Morgan Chase Bank, N.A., filed ex parte applica...

Excerpt: ...il exchange between Plaintiff's and Defendant's respective attorneys, Plaintiff's deadline to respond to these requests was extended to December 8, 2017. (See Defendant's MTC Ex. 2) To date, Plaintiff has not served responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Defendant's motion is unopposed. Defendant's unopposed motion to compel is granted. ...

Excerpt: ...motion is summarily denied without prejudice. Plaintiff's counsel represents plaintiff sent a check for plaintiff's first filing fee to the court on December 21, 2017, but fails to attach a copy of same or attach any other proof of payment. Plaintiff's counsel's statements “[p]laintiff sent the check to the Court on December 21, 2017 and apparently it was not received” and that “[p]laintiff believes a filing error and mailing delay may have...

Excerpt: ...ainst 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. The FAC alleges the following: 1) on April 23, 2015, Doe 1, an employee of Western, while in the scope of his employment, negligently operated a vehicle owned by Western and rear ended Plaintiffs' vehicle. (FAC p. 4 M...

Excerpt: ... E‐Cigarette exploded in his pocket. (Compl. ¶ 16.) Plaintiff alleges that the lithium ion battery spontaneously caught fire. (Id.) On December 6, 2017, Plaintiff Adrian Esquivias filed a complaint against Defendant Vape Empire, LLC, the seller of the E‐Cigarette, alleging three causes of action for (1) strict products liability; (2) negligence; and (3) breach of warranty. On January 25, Defendant Vape Empire LLC filed the instant motion to ...

Excerpt: ...ess, Inc. (“Express”) by Defendant AC‐ Catalina Landing, LLC (“Landing”) (collectively “Defendants”). The second amended complaint alleges that Landing owns the premises where Plaintiff was injured and Express operates its business there under a Lease from Landing such that its passengers are required to cross a bike path designated by the City of Long Beach in order to board its ships and allows passengers to congregate along or oc...

Excerpt: ... is GRANTED. Plaintiff Margaret Flanagan Stillwell filed this medical malpractice action due to injuries sustained in April 2014. Plaintiff alleges that Gregg R. Sobeck, M.D., and Coury Clemens, PA, negligently performed a knee replacement surgery, such that she needed a second knee replacement surgery immediately after the first one was completed. (Compl. ¶¶ 8‐10.) On these grounds, Plaintiff alleges a single cause of action for medical malp...

Excerpt: ...ndants' request for sanctions is granted in the amount of $844. Plaintiff and her attorney of record, jointly and severally, are ordered to pay sanctions to Defendants, by and through counsel of record, in the amount of $844, within twenty days. Defendants propounded special interrogatories, form interrogatories, and RPDs on Plaintiff on November 16, 2017. To date, despite two meet and confer attempts, Plaintiff has not served responses. Defendan...

Excerpt: ...l the depositions of Defendants Yonung Sook and June Oh. Plaintiff argues the depositions for both defendants were properly noticed for December 15, 2017. After approximately thirty minutes, June Oh and counsel walked up and left the deposition. (Cabrera Decl. ¶ 2.) That afternoon, Yonung Sook and counsel never appeared for deposition. (Cabrera Decl. ¶ 2.) Accordingly, Plaintiff now moves to compel these depositions. On February 22, 2018, Defen...

Excerpt: ...ss. Plaintiff brought suit on January 19, 2016, against Defendants Commercial Display Systems, LLC (“CDS”); Nolatron; and Emerson, alleging causes of action for personal injury negligence and products liability. On March 03, 2017, Lumbermen's Underwriting Alliance (“LUA”) filed a notice of lien, asserting it had provided Plaintiff $109,874.92 in worker's compensation benefits to Plaintiff, and was therefore entitled to recover that amount...

Excerpt: ...0, 2018. Defendant represents in her motion papers and a concurrently filed declaration that Plaintiffs agree to a three‐month continuance of the trial and all related dates. The Court notes that this matter was first set for trial on August 16, 2017 but continued by ex parte application to January 23, 2018, then by stipulation to March 20, 2018. Pursuant to the Los Angeles Superior Court's Sixth Amended General Order re Personal Injury Court P...

Excerpt: ...eserved June 7, 2018. Defendant Great Coasters International August 8, 2018. Defendants seek an order continuing the trial date until after the motion for summary judgment hearing date. Trial has been continued twice. First, this court previously extended trial in an order dated August 30, 2017. We moved trial from November 28, 2017, to January 29, 2018. The Final Status Conference was moved from November 14, 2017, to January 17, 2018. Second, it...

Excerpt: ...h Golestani (“Plaintiff”) has brought the present action based on an alleged motor vehicle accident in which Plaintiff was passenger in an Access Services van driven by Mario Andalon. Plaintiffs' Complaint alleges causes of action for motor vehicle and general negligence. Defendant Access Services moves for summary judgment, or in the alternative, summary adjudication on the grounds that Plaintiff may not pursue her claims because she entered...

Excerpt: ... Angeles and Los Angeles Police Department is GRANTED. I. INTRODUCTION On January 6, 2017, Plaintiffs Dorothy Toy, Aquilla Toy, Dalliss Toy, Devion Toy, Tatianna Toy, Whitney Toy, Taj Mathis, and Ashlee English (collectively, “Plaintiffs”) filed this action against Defendant City of Los Angeles (“City”), Los Angeles Police Department (“LAPD”), and Oscar Armando Chavez (“Chavez”) for a December 28, 2015 vehicle collision that cause...

Excerpt: ...Plaintiff filed this action on 12/13/16 and has not, to date, filed proof of service of the summons and complaint. On 7/03/17, Defendant filed an answer to the action. At this time, Defendant seeks leave to file a cross‐complaint against Plaintiff's employer at the time of the accident, Golden State Boring & Pipe Jacking, Inc. Defendant contends it and Golden State had an express indemnification agreement that obligates Golden State to indemnif...