Excerpt: ...ruzzi v. Garcia et al. LASC Case No. BC658186 in Dept. 3 (the “Petruzzi Action”) and Asad v. Garcia LASC Case No. 17K06062 in Dept. 94 (the “Asad Action”). The complaints in both cases arise from an automobile accident at Crescent Heights and Fountain Blvd. in West Hollywood. Plaintiff David Petruzzi (“Petruzzi”) was a passenger in Defendant Javier Garcia's (“Garcia”) vehicle. Another vehicle driven by Plaintiff Muhammad Asad coll...

Excerpt: ...ed this slip and fall action arising out of alleged injuries sustained by Plaintiff on September 24, 2015 while using Defendants' ladder. Plaintiff alleges that Defendants negligently provided Plaintiff a ladder without an end cap while she was hanging party decorations to prepare the premises for a birthday party. Plaintiff alleges Defendants provided Plaintiff the defective ladder despite having knowledge of its defective condition. The Court o...

Excerpt: ... allegations and the same statutory basis, no leave to amend is granted. Los Angeles Unified School District is ordered to file an answer within ten days of this order. I. Background Facts On February 5, 2018, plaintiff DT (“Plaintiff”), a minor through her guardian ad litem Cheryl Thomas filed a complaint against defendants Los Angeles Unified School District (“LAUSD”) and Does 1 to 100 alleging causes of action for negligence and neglig...

Excerpt: ...ithin 15 days of this order. I. Background Facts On November 3, 2017, plaintiff Mahnoor Saif (“Plaintiff”) a minor by and through her guardian ad litem Saima Ellahi filed a complaint against defendants Redondo Beach Unified School District (“District”), Los Angeles County Office of Education (“LACOE”) and Does 1 to 100 alleging causes of action for premises liability and negligence stemming from injuries Plaintiff suffered while on th...

Excerpt: ...s A. Bernal, and Does 1 – 100 for alleged personal injury arising out of a December 21, 2015 vehicle collision. Plaintiff alleges City's employee, Bernal, made a sudden left turn in front of Plaintiff's car. Plaintiff's responses to Defendants' Form Interrogatories set forth physical injuries to the Plaintiff's cervical spine (neck), lumbar spine, bilateral arms, chest, and left knee as a result of the motor vehicle accident. (Pinder Decl., ¶ ...

Excerpt: ...ion briefing be included in the trial binders in Tab B along with any motions in limine filed in the case. The Court recognizes that CRC Rule 3.57(c) states, “A motion in limine may not be used for the purpose of seeking an order to try an issue before the trial of another issue or issues,” and thus this order should not be construed in a way that contradicts this rule. Defendant may direct the trial court to this order, which should not be c...

Excerpt: ... is DENIED in its entirety. On February 2, 2017, Plaintiff Yanzhen Chen (“Chen”) and Shichun Zhu (collectively, “Plaintiffs”) filed their complaint, asserting causes of action against Defendants Los Angeles Boys and Girls Club (“The Club”), Los Angeles Boys and Girls Club Foundation (“Foundation”) (collectively, “Defendants”) and Does 1-25 for negligence and loss of consortium. Plaintiffs allege that Plaintiff Chen was a guest...

Excerpt: ...”) and Betty Arvizu (collectively, “Plaintiffs”) filed this action against Defendants Pablo Coronado, Sogno Toscano Tuscan Dream, Inc. and Does 1-10 for (1) Negligence, (2) Negligence and (3) Loss of Consortium. Plaintiffs allege that J. Arvizu sustained injuries in a September 25, 2015 rear-end motor vehicle collision. On March 9, 2017, Zurich American Insurance Company filed its Complaint-In-Intervention against the aforesaid defendants f...

Excerpt: ... continued the trial date four times previously, and it is now set for 10/10/18. At this time, Defendant moves to continue the trial date for approximately six months, from 10/10/18 to 4/10/19. Of note, all parties to the action have stipulated to the requested continuance (Exhibit B to moving papers). Defendant establishes that Plaintiff is contemplating surgery for injuries claimed to be a result of the accident, and his condition is not stable...

Excerpt: ...o Count One and Count Two of the first cause of action as well as the demurrer to the second cause of action without leave to amend since Plaintiff cannot reasonably amend the pleading to state a cause of action that is not duplicative of Count Three of the first cause of action. I. Background Facts On May 17, 2018, plaintiff George Knoche (“Plaintiff”) filed a complaint against defendants County of Long Beach (“City”) and does 1 to 10. O...

Excerpt: ... leave to amend as to the First Cause of Action only. The Motion to Strike the allegations of and the prayer for punitive damages is MOOT. I. Background On April 13, 2018, plaintiff Melanie Doyle (“Plaintiff”) filed this action against defendants Ellis Family Stores LLC (“Ellis”), David Juarez (“Juarez”), Jerry Gordon (“Gordon”) and Does 1 to 20 alleging causes of action for (1) intentional infliction of emotional distress, (2) ne...

Excerpt: ...��Ekimyan”), Tommy Express Car Wash (“TECW”) and Does 1 to 20. On May 4, 2018, Plaintiff filed a first amended complaint (“FAC”) after the Court sustained a demurrer and granted a motion to strike. The FAC alleges causes of action for (1) negligence, (2) battery and (3) assault. The Court notes that while the first page of the FAC lists Plaintiff's causes of action as (1) negligence, (2) battery and (3) assault (FAC p.1), the FAC later ...

Excerpt: ...F'S UNOPPOSED MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES (SET ONE) PROPOUNDED TO DEFENDANTS AND REQUEST FOR SANCTIONS Dept. 3 1:30 p.m. July 24, 2018 Plaintiff Farmers Insurance Exchange's Motions to Compel are Granted. Defendants are ordered to serve verified responses to the outstanding discovery, without objections, within twenty days. Plaintiff's request for sanctions is granted in the amount of $620.00. Defendants are ordered to pay sa...

Excerpt: ...intiff 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. Prior Hearing The Court was originally scheduled to hear this motion on 6/13/18. Prior to the hearing, the Court issued a tentative ruling granting the motion on two grounds: first, that Plaintiff's expert was not an...

Excerpt: ...or Physical Examination. The examination date was set for March 2, 2018. The parties agreed to continue the date to March 15, 2018, due the unavailability of the examining physician. On March 15, 2018, Plaintiff was unable to appear for the examination, due to alleged hospitalization. The examination was continued to April 3, 2018. Plaintiff failed to appear for this examination as well. Defendant moves to compel the examination pursuant to Code ...

Excerpt: ...wned by Cassell and rented by Mazza. Defendant Mazza has subsequently filed a cross-complaint against Plaintiff for indemnity/contribution. Trial is currently set for October 11, 2018. On June 21, 2018, Defendant Cassell filed this motion to continue trial to December 3, 2018 because Cassell's motion to compel the execution of HIPAA compliant authorizations for Plaintiff's out- of-state medical records is set to be heard on August 22, 2018. Casse...

Excerpt: ... his counsel's failure to appear at trial. Plaintiff's motion is granted. “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 mo...

Excerpt: ...that on or about December 18, 2014, she tripped on electrical wiring on Defendants' property because Defendants failed to maintain the property in a safe condition. Plaintiff's complaint alleges that as a result of the incident, she sustained injury to her nervous system and person, which have caused her great mental and physical pain, and pain and suffering. (Motion Exh. C.) Further, Plaintiff alleges that she will be permanently disabled. (Id.)...

Excerpt: ...enter, Zuckerman & Rowley (“Counsel”), filed a Motion to Be Relieved as Counsel and a Declaration in support. 2. Law Regarding Applications to Be Relieved as Counsel The attorney in an action may be relieved at any time before or after judgment or final determination either upon order of the court, or upon consent of both client and attorney. (Code Civ. Proc., § 284.) An attorney moving to be relieved as counsel must submit the following for...

Excerpt: ...nts, Rodrigo Alberto Galan Marquez, Lusysenia Hernandez, and Jesus Hernandez for damages arising out of an automobile accident. Plaintiffs filed the action on 1/20/17, and Defendants answered on 2/27/17. There has been no law and motion practice in connection with the action; the case was originally set for trial on 7/20/18, but was recently continued to 10/24/18. The discovery cut-off date was not continued to reflect the new trial date. At this...

Excerpt: ...nstant case arises from a traffic collision. On June 4, 2018, Defendant moved to compel further responses for: 1) Request for Production of Documents Nos. 5 and 6 served upon Mary; 2) Request for Production of Documents Nos. 5 and 6 served upon Katlin; and 3) Form Interrogatories (Set One) Nos. 6.2, 8.3, 8.4, 8.5, 8.7, 8.8, 12.2—12.7, 13.1, 13.2, 14.1, 14.2 and 20.8 served upon Katlin. There is also a fourth motion to compel further responses s...

Excerpt: ...alleges the liquid on the floor constituted a dangerous condition on the premises and Defendants owed the plaintiff a duty to inspect, detect and correct all dangerous conditions. Plaintiff alleges that Defendants negligently created a hazardous/dangerous condition on the premises and failed to remedy the condition when they knew or should have known this should be done. Plaintiff alleges Defendant breached its duty of care to the plaintiff, Defe...

Excerpt: ...a passenger when their car collided with Brozek's car. When Brozek filed his answer, he concurrently filed a cross-complaint against Jamerson for equitable indemnity, contribution, and declaratory relief. On 4/11/18, Jamerson filed a motion for judgment on the pleadings directed at the cross- complaint. He failed, with his moving papers, to file a meet and confer declaration in compliance with the newly-enacted CCP §439. The Court therefore cont...

Excerpt: ...t's premises. Plaintiff suffered soft tissue injuries and a traumatic brain injury as a result of the fall. The TBI continues to cause various health problems and Petitioner anticipates the injury will cause problems throughout Plaintiff's life. At this time Plaintiff, by and through her GAL and attorney of record, has agreed to settle all claims with Defendant for the total amount of $3 million. If the settlement is approved, $20,392.22 will be ...

Excerpt: ... the alleged conduct, but has recovered completely from her injuries at this time. Plaintiff, by and through her attorney and GAL, has agreed to settle all claims with Defendant for the total amount of $8500. If the settlement is approved, $1125 will be paid as attorneys' fees, $686.48 for medical costs, and $5576.22 as costs of suit, leaving a net settlement balance of $1112.30. The Court previously reviewed the settlement and found it fair and ...