Excerpt: ...�), Howard Johnson International Inc (“Howard Johnson”) and Does 1 through 50 alleging causes of action for general negligence against each defendant. On April 23, 2018, Plaintiff filed a first amended complaint (“FAC”) alleging causes of action for (1) general negligence including count 1 – negligence of employees and count 2 – negligent training; and (2) premises liability. The FAC in relevant part alleges the following: 1) Plaintif...

Excerpt: ...nded RFAs and RPDs on each of the two defendants. Defendants responded, and the parties met and conferred. The parties ultimately participated in an informal discovery conference on 4/17/18. The IDC resolved the majority of the issues presented by way of the motions. On 6/11/18, Plaintiff filed “amended” notices of motion concerning each of the sets of discovery at issue. In these amended notices of motion, Plaintiff argues certain responses ...

Excerpt: ...“Plaintiff”) filed a complaint against defendants Marc Sean Lapsley Sr (“Lapsley”), Perris Valley Auto Center (erroneously sued as Perris Valley KIA Inc.) (hereinafter “Perris Valley”) and Does 1 to 25 alleging causes of action for (1) negligence, (2) negligence per se, (3) motor vehicle owner liability, (4) violation of Vehicle Code section 14606, (5) violation of Vehicle Code section 14604, (6) negligent entrustment of motor vehicle...

Excerpt: ...n make an offer of proof at the hearing on how the complaint can be reasonably amended to state a claim for IIED. As to the fourth cause of action, only plaintiff Claudia Hall is granted fifteen days' leave to amend. The Motion to Strike is GRANTED in entirety. As to punitive damages, leave to amend will only be granted if Plaintiffs can make an offer of proof at the hearing on how the complaint can be amended to warrant punitive damages. As to t...

Excerpt: ...uently dismissed the City as a defendant, leaving only Bali as an active defendant at this time. Plaintiff's charging allegations are found at ¶¶7 and 8 of her complaint, which allege as follows: 7. On October 8, 2014, in the evening, Inglewood caused Bali to perform necessary repairs in the public street named Osage in the city of Inglewood and further caused a hole to be dug in the street and covered up with metal plates in the evening when a...

Excerpt: ... first, a cause of action for negligence arising out of the accident itself, and second, a cause of action for declaratory relief arising out of the parties' pre-litigation settlement negotiations. The parties take conflicting positions concerning whether those negotiations resulted in a binding settlement, and Plaintiff seeks declaratory relief concerning the issue. At this time, Plaintiff moves to bifurcate the declaratory relief cause of actio...

Excerpt: ... Thereafter, Plaintiff relocated to Victorville, in adjacent San Bernardino County. 2. Matters on Calendar At this time, Defendants move to compel Plaintiff to attend a deposition in Rancho Cucamonga, and also to attend an IME in Long Beach. Defendants also seek imposition of sanctions. a. Initial Note Opposition to the motions was due on or before 6/08/18. The Court has not received opposition to the motion. b. Motion to Compel Deposition Defend...

Excerpt: ...sortium, leave to amend will only be granted if Plaintiff can make an offer of proof at the hearing on how the complaint can be reasonably amended. I. Background On June 30, 2017, plaintiff Marcos Salazar (“Plaintiff”) filed this action against Valley Presbyterian Hospital, Valley Presbyterian Hospital Foundation alleging causes of action for (1) general negligence, (2) medical malpractice and (3) loss of consortium. The complaint in relevant...

Excerpt: ... to file an answer within ten days of this order. I. Background On April 6, 2018, plaintiff Timothy Brian Young (“Plaintiff”) filed this action against City of Los Angeles (“City”), Drake Terrace Homeowners Association Inc (“Drake”) and Does 1 through 100 alleging causes of action for (1) liability pursuant to Government Code sections 835 and 945, (2) liability pursuant to Government Code section 815.2 and 945, (3) general negligence ...

Excerpt: ... for summary judgment, which is 12/19/18. 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 lim...

Excerpt: ...Background On March 8, 2018, plaintiff Courtney Leibowitz (“Plaintiff”) filed this action against Shirin Rahmani (“Rahmani”), Dina Atalla-Mikhael, DM Clinical Collaborations Inc dba JJ Trinity Compounding Pharmacy and Does 1 through 25 alleging causes of action for medical malpractice and pharmacy malpractice The FAC in relevant part alleges the following: 1) Beginning on or about November 11, 2011, Rahmani and Does 1 to 15 medically trea...

Excerpt: ...to serve timely responses, and served tardy responses on 3/18/18; she did not respond at all to RFA 4 or to form interrogatories 6.1., 7.1, 7.2, 8.2, and 17.1 (as it relates to RFAs 1, 2, 3, 11, and 14). On 4/30/18, Defendant sent a meet and confer letter. Plaintiff has not, to date, served responses to the subject discovery. 2. Initial Note On 6/11/18, Plaintiff filed opposition to the motions. Opposition was due on or before 6/06/18. The same d...

Excerpt: ...filed her operative First Amended Complaint. On 10/06/17, Defendants answered the FAC. On 5/23/18, Plaintiff filed the instant motion for leave to amend. Plaintiff seeks leave to add two additional defendants to the action. Plaintiff provides evidence that she knew, from the date of the accident forward, that there were three vehicles involved in the accident, but she did not know the identity of the third driver. During the course of discovery, ...

Excerpt: ...ges Defendants were negligent, in that they allowed the floor to accumulate rain and become slippery. Plaintiff filed his complaint on 1/07/14. The parties engaged in no law and motion practice throughout the course of the action, but did agree to continue the trial date multiple times. The original trial date of 7/07/15 was ultimately continued, by multiple stipulations between the parties, to 10/27/17. 10/10/17 EX PARTE APPLICATION The depositi...

Excerpt: ...intiff filed her complaint on 6/11/15, and the matter was originally set for trial on 12/12/16. The parties agreed to continue the trial date twice by stipulation, and trial is currently scheduled for 7/20/18. At this time, Defendant, with Plaintiff's agreement, moves to continue the trial date for approximately three months, from 7/20/18 to 10/1918. The parties establish that the case has been made complicated by Defendant's cross-complaint for ...

Excerpt: ...ative, they seek summary adjudication of each cause of action (general negligence and motor vehicle negligence) in the complaint. The motion is denied. As Defendant argues, Plaintiffs did not address or attempt to prove the amount of their damages (while Plaintiffs did indicate an amount of damages for their car, they did not address the amount of damages they are seeking for personal injuries sustained in the accident). See facts 10 and 11 in th...

Excerpt: ...l distress. The complaint includes a prayer for punitive damages. On April 17, 2018, Simmons filed a demurrer to the complaint with a May 9 hearing date. On April 26, 2018, Plaintiff filed a first amended complaint (“FAC”) with a proof of service dated April 26, 2018. On May 9 the tentative was to deem the demurrer moot in view of the FAC. Plaintiff did not appear at the hearing but Defendant did and counsel represented that she had not recei...

Excerpt: ... to quash on 5/23/18. Prior to the hearing, the Court issued a tentative ruling denying the motion on the ground that the motion, as drafted, was so confusing that the Court could not grant the relief sought. At the hearing, Plaintiffs appeared and successfully argued for a continuance of the hearing and permission to file new papers. On 5/29/18, Plaintiffs timely filed an amended motion to quash. Per Court order, opposition to the amended motion...

Excerpt: ...ns which was filed 12/21/17. The Court continued the hearing to 3/22/18 to permit the parties to brief the issue of Defendant's appearance or non-appearance at deposition. Prior to the 3/22/18 hearing, the Court issued a tentative ruling granting the motion for sanctions. However, on the date of the hearing, Defendant came to Court and argued the entire case was stayed. The Court continued the hearing for briefing on the issue of whether the case...

Excerpt: ...aintiff has not served responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Plaintiff, through Counsel, opposes the motions. Counsel declares, “I was unable to respond because I lost all contact with my client, Paul Cross. The last time that I was in contact with the plaintiff was towards the end of 2017. At that time, Mr. Cross had moved to a nursi...

Excerpt: ...aintiff alleges Jogani was negligent in failing to inform her primary care physician, Shirazi, of the results of her colonoscopy; she alleges this failure resulted in her condition going untreated and ultimately becoming cancerous. 2. Motion for Summary Judgment a. Moving Burden At this time, Dr. Jogani moves for summary judgment on the complaint against him. He contends his care and treatment of Plaintiff complied with the standard of care at al...

Excerpt: ...xpert information, but Plaintiff failed to do so. At this time, Plaintiff moves for leave to submit tardy expert designations, contending his failure to submit a timely designation was the result of his attorney's mistake and/or excusable neglect. Plaintiff's motion was set on shortened time at a 6/01/18 ex parte hearing. Trial is currently scheduled for 6/27/18. 2. Law Governing Tardy Expert Designation If a party fails to timely designate its e...

Excerpt: ...int 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. On 3/27/18, the Court was scheduled to hear Defendant's motion to continue the trial date for approximately four months, from 5/08/18 to 9/11/18. Prior to the hearing, the Court issued a tentative ruling that provided, in pertinent part: Of note, all parties to the action agree to the requested continuance. Defenda...

Excerpt: ...ents) propounded by Defendant on one of the two plaintiffs. Defendant propounded the subject discovery on Plaintiffs on 2/07/18. To date, despite an attempt to meet and confer, Plaintiffs have not served responses. Defendant therefore seeks an order compelling Plaintiffs to respond, without objections, to the outstanding discovery and to pay sanctions. Defendant's motions are granted. Plaintiffs are ordered to serve verified responses to form int...

Excerpt: ... injury sustained when a Genie lift pinned him against a large truss. Plaintiff alleges he was working in the course and scope of his employment with Global Experience Specialists, Inc. (“GES”) when he was injured. On 2/19/18 GPJ filed a cross-complaint against GES for indemnification and related claims. GPJ and GES attempted to meet and confer. On 5/14/18 GES filed the instant motion for judgment on the pleadings on GPJ's cross-complaint. 2....

Excerpt: ...f is granted twenty days' leave to amend the first cause of action to include allegations of negligence per se. I. Background Facts On November 15, 2017, plaintiff Julio Pineda (“Plaintiff”), filed a complaint against defendants Harbor Distributing LLC, Harbor Distributing Co., Allied Beverage, Allied Reyes Holdings LLC, Reyes Beverage Group, Gabriel Duran and Does 1 to 50 alleging (1) motor vehicle negligence, negligent entrustment, negligen...

Excerpt: ...s 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. 2. Prior Motion to Set Aside Dismissal The Court was previously scheduled to hear Plaintiff's motion to set aside dismissal on 4/24/18. Prior to the hearing, the Court issued the following tentative ruling: On 3/26/18,...

Excerpt: ...laintiff alleges Decedent passed away on 5/16/17, but she did not learn his cause of death until 12/11/17. She presented a claim and application for leave to file a late claim to Defendants on 5/09/18. Plaintiff filed a complaint for damages against Defendants on 5/14/18. She then filed this petition for relief from claims requirement on 5/15/18, contending she seeks relief in an abundance of caution due to the upcoming one-year statute of limita...

Excerpt: ...intiff”), filed a complaint against defendants Sean Xia M.D., (“Xia”), Pacific Alliance Medical Center (“Pacific”) and Does 1 to 100 alleging a cause of action for medical malpractice. On April 17, 2018, Plaintiff filed a first amended complaint (“FAC”). The FAC alleges that on March 24, 2017, the defendants negligently provided medical care and treatment to Plaintiff thereby causing Plaintiff injury. (FAC ¶ 19-20.) The negligent m...

Excerpt: ...f a dog attack. Plaintiff sustained injuries to her right breast as a result of the attack. Plaintiff filed her complaint on 8/24/15. On 12/01/15, she filed proof of service of the summons, complaint, statement of damages, and related documents on Defendants, William Bergenholtz and William Bergenholtz as Trustee for the Wilfred Willard Bergenholtz Trust (collectively “Bergenholtz”). Both proofs of service show service on Bergenholtz via subs...

Excerpt: ...two extensions of time to respond, Defendant has not served responses. Plaintiff therefore seeks an order compelling Defendant to respond, without objections, to the outstanding discovery and to pay sanctions. As an initial note, only one filing fee was paid for the motion to compel, which actually consists of three motions. Plaintiff is ordered to pay two additional fees and bring proof of payment to court on the day of hearing. If the additiona...

Excerpt: ...s on 4/25/18. Prior to the hearing, the Court issued a tentative ruling granting the motion for terminating sanctions and denying all other requests for relief. Both parties, through their attorneys of record, appeared at the hearing. Plaintiffs represented that they had served verified responses, without objections, on the same date as the hearing, and requested a ruling denying the motion. Defendant indicated an intent to review the responses p...

Excerpt: ...on 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. Plaintiff may direct the trial court to this order, which should not be co...

Excerpt: ...ve an objection to Defendant's notice of deposition or file a motion for a protective order concerning the deposition. At this time, Defendant moves to compel Plaintiff to complete her deposition. CCP §2025.450(a) provides, in pertinent part: If, after service of a deposition notice, a party to the action … without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, … the party givi...

Excerpt: ... Facts Deborah Bruggman and her husband witnessed the accident. The husband has already been deposed, and his testimony is not at issue at this time. On 12/07/17, Defendant had a deposition subpoena for personal appearance served on Deborah Bruggman (hereafter “Bruggman”), and also propounded a Notice of Deposition on Plaintiffs; Defendant set Bruggman's deposition for 1/08/18. Plaintiffs' attorney was not available on 1/08/18, and on 12/29/1...

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: ...ime, Plaintiff seeks an order continuing the hearing on the summary judgment motion pursuant to CCP §437c(h). Plaintiff contends a continuance is necessary because a non-party witness, Juan Arias, has been located, but he has not yet been deposed. Plaintiff contends Arias will testify that he told a cashier about the soapy film on the floor where Plaintiff fell prior to her fall. Because Defendant's motion is made on the grounds of lack of actua...

Excerpt: ...ants Armen Movsesyan dba Monroe Salon Inc and Does 1 to 50 alleging a cause of action for general negligence. Plaintiff alleges that on March 17, 2017, the defendants' agent negligently provided an eyebrow tattoo service to Plaintiff at the defendants' salon thereby causing Plaintiff injury. (Complaint p.4 GN-1.) On May 9, 2018, Armen Movsesyan dba Monroe Salon Inc (“Demurring Party”) filed a demurrer and an answer. Plaintiff failed to file a...

Excerpt: ...mitations bar. I. Background On March 23, 2018, plaintiff Robertson's Transport LTD (“Plaintiff”) filed this action against Cirilo Molina Rodriguez (“Rodriguez”), Mejia Auto Transport Inc (“Meija”) and Does 1 through 20 alleging a cause of action for negligence. The complaint alleges that on March 21, 2015, the defendants negligently and carelessly owned and operated a motor vehicle and caused a collision with Plaintiff's vehicle ther...

Excerpt: ...reatment of Plaintiff's husband. Plaintiff filed the action, in pro per, on 12/02/16. Defendant filed his answer on 2/03/17. There was no law and motion practice and no activity in the case between the filing of the answer and 4/16/18, when Plaintiff filed a substitution of attorney naming Any Moskovian, her daughter, as her attorney of record. Plaintiff, through her new attorney, twice sought ex parte orders continuing the trial date and related...

Excerpt: ...tiff was employed by non-party, Mighty Trucking at the time of the incident. Plaintiff alleges he was assigned, during his employment, to make a delivery to KLM, which was a tenant on Menzies' property. In order to make the delivery, he alleged he was required, by Menzies, to open a large and defective door. The door collapsed, causing him to sustain injuries. Plaintiff made a workers' compensation claim as a result of his injuries, and BC651970 ...

Excerpt: ...or vehicular manslaughter in connection with the incident that gives rise to this wrongful death action. 2. Motion for Stay of Proceedings At this time, Defendant moves to stay the proceedings herein, contending she cannot meaningfully participate in discovery without implicating her fifth amendment privilege. Plaintiffs oppose the motion, arguing a blanket stay is not appropriate and objections should be raised and considered on a question by qu...

Excerpt: ... seeks an order continuing the trial date and the related discovery cut‐off date. Defendant argues the relief at issue is necessary because:  Defendant has been unable to obtain Plaintiff's medical records from the Los Angeles Air Force Base Clinic;  Defendant has been unable to complete Plaintiff's IME;  Plaintiff recently revealed that she has been treated with additional medical providers, and Defendant needs time to review these ne...

Excerpt: ...clares he served the moving papers on his client via mail at an address that has been confirmed by certified mail and Defendant's website. Counsel filed proof of service on Plaintiff, Vernon Hawthorne and Co‐Defendant, Vons. Counsel failed, however, to file proof of service on Client. The motions is therefore denied without prejudice. The Court notes that Counsel failed to fill in portions of the judicial council mandatory declaration form. Spe...

Excerpt: ...changed expert designations at that time. Plaintiff moves to amend her expert designation on the ground that she recently changed insurance companies, and with the change in insurance company, she commenced seeing new treating physicians. Specifically, she contends she is seeing a new primary care doctor (Robert Hosseini) and a new neurologist (Jeffrey Kim). She seeks leave to add these two new treating physicians to her list of non‐retained ex...

Excerpt: ...t. Plaintiff filed his complaint on 10/03/16, and the matter was originally set for trial on 4/02/18. The parties agreed to continue the trial date by stipulation, and trial is currently scheduled for 6/04/18. At this time, the parties jointly move to continue the trial date for approximately three months, from 6/04/18 to 9/11/18. The parties establish that Plaintiff has ongoing medical treatment for the injury at issue in this case, and the fina...

Excerpt: ...tained emotional and mental damages as a result. . 2. Motion to Compel CCP §2032.310(a) requires a party who wishes to conduct a mental health examination to obtain leave of court prior to doing so. The noticed motion must show good cause for the examination. Plaintiff concedes, in opposition to the motion, that a mental examination is proper. Plaintiff argues, however, that Defendant's expert should be precluded from two distinct lines of quest...

Excerpt: ...unded RPDs on Defendant, and despite the parties' meet and confer efforts, including an informal discovery conference, the parties have been unable to resolve the issue of whether Defendant's responses to RPDs 3 and 4 are sufficient. RPDs 3 and 4 seek: REQUEST FOR PRODUCTION OF DOCUMENTS NO.3: All photographs of this propounding Plaintiff taken at any time. REQUEST FOR PRODUCTION OF DOCUMENTS NO.4: All video of this propounding Plaintiff taken at...

Excerpt: ...ions, within ten days. The Court also imposed monetary sanctions. On 4/12/18, Defendant filed this motion to dismiss, contending Plaintiff had not complied with the prior order, and terminating sanctions are appropriate at this time. On 4/30/18, Plaintiff filed and served an untimely opposition to the motion. Plaintiff argues terminating sanctions should not be imposed because (a) Plaintiff's attorney's office experienced staffing issues and fail...

Excerpt: ...negligent in connection with Decedent's gastrointestinal bleed and drop in hemoglobin levels. At this time, Dr. Jameel Hourani, D.O. moves for summary judgment, contending he complied with the standard of care at all times, and nothing he did caused or contributed to Decedent's death. Dr. Hourani was the pulmonologist in connection with Decedent's care and treatment. Defendant supports his motion with the expert declaration of Andrew Wachtel, M.D...