Excerpt: ...ous UV light that caused eye damage. SRC filed a cross‐complaint against Nazzareno Electric Co., Inc. At this time, Nazzareno moves for leave to file a cross‐complaint against Acuity Brands Lighting, Inc. for indemnification and related claims. Defendant contends Acuity manufactured and sold the subject light. A cross‐complaint against any of the parties who filed the initial complaint or cross‐complaint against the cross‐complainant mu...

Excerpt: ...tle with Plaintiffs for $20,000. LAUSD seeks an order from the Court finding that the settlement is in good faith. LAUSD timely and properly served the moving papers on all parties to the action. Any opposition to the motion was due on or before 2/15/18. The Court has not received opposition to the motion. Notably, on 1/24/18, Plaintiff filed a Notice of Settlement of the entire case. The burden on a motion for determination of good faith settlem...

Excerpt: ... and negligent entrustment; it was filed on 8/10/17. On 10/03/17, Defendants filed an answer to the complaint. The case is set for trial on 2/11/19. Motion for Leave to Amend At this time, Plaintiff seeks leave to amend the complaint to add a claim for gross, as opposed to ordinary, negligence. Plaintiff timely filed and served her motion on 1/17/18. To date, there is no opposition to the motion. i. Law Governing Leave to Amend The court may, in ...

Excerpt: ...IME of Plaintiff. The parties have met and conferred at length, but cannot agree on whether or not a female “chaperone” should be present at the examination. Plaintiff correctly notes in the opposition to the motion that there is no provision in the Code that permits a chaperone to be present at the examination. However, the Code does not prohibit it either. Defendant argues the request is being made per Code, and cites §2032.310 to support ...

Excerpt: ...date. On 11/27/17, Plaintiff appeared ex parte and was granted a continuance of the trial date; discovery was NOT continued to reflect the new trial date. The case is now set for trial on 3/20/18. On 12/11/17, Defendant filed this motion to re‐open discovery. Plaintiff filed opposition and Defendant a reply. If the motion were granted, the effect of the ruling would be to re‐open discovery with the discovery cut‐off reflecting the new, as o...

Excerpt: ...laint on 4/21/17. On 7/17/17, the Clerk entered default on Shinkle and Sons' Greenhouse, Inc. On 7/27/17, David Diaz and Bountiful Gardens filed an answer to the complaint. At this time, Defendant, Shinkle and Sons' Greenhouse moves to set aside the default entered against it. Defendant filed its moving papers on 12/08/17. The essence of the motion is simple. Defendant contends it has long been run by two brothers, Jim and Bill. Jim recently suff...

Excerpt: ...n from unlimited to limited jurisdiction court, contending Plaintiffs will not recover damages in excess of the jurisdictional limit in this case. The crux of Defendant's argument is that the automobile accident at issue was caused primarily by an uninsured driver, and Plaintiffs have already recovered all of their damages by way of their uninsured motorists' insurance. Additionally, he provides evidence that Plaintiffs' combined property and med...

Excerpt: ... of interrogatories and one RPDs, as well as a motion to deem RFAs admitted (inadvertently captioned as a motion to compel responses to RFAs), contending no responses had been served. On 1/30/18, Plaintiff filed oppositions to the motions. The oppositions indicate that Plaintiff has responded to all discovery, and served the responses on 12/27/17. No copy of the responses is included with the opposition. The Court assumes this is correct as it ca...

Excerpt: ...17. On 11/07/17, Plaintiff filed a Notice of Settlement of Entire Case, pursuant to which Defendant took its motion off calendar. Plaintiff has not, to date, filed a request for dismissal of the case. b. Parties' Positions Defendant moves to dismiss the case pursuant to CRC 3.1385, which requires a plaintiff who files a notice of settlement to file a request for dismissal within 45 days. Alternatively, it moves to dismiss pursuant to CCP §583.41...

Excerpt: ...s' tram; the tram driver made a sudden turn, which caused Plaintiff to sustain a laceration on her knee; she has recovered fully from all injuries at this time. At this time Plaintiff, by and through her GAL and attorney of record, has agreed to settle all claims with Defendants for the total amount of $70,000. If approved, $6142.33 will be used for medical expenses, $23,333 for attorneys' fees, and $2960 for costs of suit; the net balance of $37...

Excerpt: ... not possible. 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, however, only indicates the papers were served by mail. The proposed order on the motion indicates the papers were served by personal service. This ruling is without prejudice to Counsel's right to re‐file the motion and clarify how the papers were served and ensure all docu...

Excerpt: ...Defendant moves to dismiss the action, contending Plaintiff is a vexatious litigant and has not obtained the necessary pre‐filing order prior to commencing this litigation. Defendant provides evidence, by way of Exhibit A to the moving papers, that Plaintiff was declared a vexatious litigant by the Honorable Elihu M. Berle on 11/17/03. Defendant also provides evidence, by way of Exhibit B to the moving papers, that the Honorable Lee Smalley Edm...

Excerpt: ...as operating her rental vehicle at the airport in Cabo San Lucas during a business trip related to and on behalf of defendant [NP]. Defendant…so carelessly and negligently operated her rental vehicle in such a manner as to cause it to move forward while the Plaintiff was partly in and partly out of the passenger side of the vehicle, causing the vehicle to collide with and drag the Plaintiff, which caused Plaintiff to sustain physical injuries a...

Excerpt: ... Plaintiff filed a First Amended Complaint. The FAC also fails to include any substantive cause of action or facts in support of his claim. On 8/16/16, the Court denied Plaintiff's request for a fee waiver. On 9/15/16, in light of the Court's lack of receipt of the filing fees, the Court dismissed the case. On 11/06/16, the Court denied an ex parte application re: payment of fees. The Court's ruling was without prejudice. On 5/04/17, Plaintiff su...

Excerpt: ... on 1/06/16, and the matter was originally set for trial on 12/06/17. On 10/04/17, the parties filed a stipulation to continue the trial date, and trial is currently scheduled for 4/25/18. At this time, Doe Defendant, California Food Management, LLC moves to continue the trial date for approximately four months, from 4/25/18 to 8/23/18. Defendant was substituted into the action on 6/05/17. Defendant also explains that, shortly after it was added ...

Excerpt: ...adings on the complaint, contending a settlement has been reached and Plaintiffs agreed to dismiss the case. Defendants cite no applicable authority in support of their motion for judgment on the pleadings, and it is denied. The Court, in ruling on a motion for judgment on the pleadings, is limited to consideration of the face of the pleading and judicially noticeable documents. CCP § 438(d). Defendants herein failed to show that the face of the...

Excerpt: ...l council form complaint against defendant Judicial Council of California (“JCC”) and Does 1 to 50 alleging causes of action for premises liability and general negligence. Notably, the premises liability claim includes count one ‐ negligence, count two‐willful failure to warn and count three‐dangerous condition of public property. The form complaint alleges that on September 20, 2016, as Plaintiff was exiting an elevator on premises own...

Excerpt: ...dice, holding: The application fails to satis$ CRC 9.40. While the applicant establishes that he is licensed in the States of Arizona and Florida, is in good standing, does not regularly work or live in CA, and has an associated CA attorney, Ryan D. Fischback associated as counsel in the case, the applicant fails to state whether he has appeared pro hac vice in any other cases in California in the past two years. This statement is required per CR...

Excerpt: ...dant's slide onto unpadded pavement. The minor plaintiff suffered an elbow/arm fracture as a result of the incident, but has completely recovered from his injuries at this time. Plaintiff, by and through his GAL and attorney, has agreed to settle this action with Defendant for the total amount of $50,627.19. If approved, $5627.19 will be used for medical bills, $12,656.80 for attorneys' fees, and $846.42 for costs of suit. Petitioner proposes to ...

Excerpt: ...omplaint, and related documents; the POS shows service by substituted service on Defendant's husband on 11/15/15 with the documents mailed thereafter. A declaration of mailing and declaration of diligence is included. On 6/13/16, Plaintiff filed proof of service of the statement of damages; the POS shows service via personal service on Defendant. On 2/14/17, at Plaintiff's request, the Clerk entered Defendant's default. 2. Prior Request for Defau...

Excerpt: ...iff files her complaint against the City 8/29/16 – Defense Counsel writes Plaintiff a letter suggesting LACMTA be added as a defendant to facilitate satisfactory settlement of the case 8/30/16 – Defendant files a cross‐complaint against LACMTA 9/19/19 – Plaintiff files an amended complaint naming LACMTA as a defendant 10/19/16 – LACMTA files an answer to the complaint and a cross‐complaint against the City 10/24/16 – Plaintiff submi...

Excerpt: ...d after the appendectomy heals; Defendants indicate they will contact Plaintiff to schedule the gall bladder surgery in the future Early 2017 – Plaintiff switches medical providers 4/14/17 – Plaintiff undergoes an emergent gall bladder removal surgery 5/30/17 – Plaintiff submits a claim for damages to Defendants June 2017 – Defendants contact Plaintiff to schedule the gall bladder removal surgery 6/01/17 – Defendants deny the claim beca...

Excerpt: ...finds the motion, as well as the opposition and reply, reveal ongoing discovery abuses by Plaintiff that are inexcusable. The Court is, however, concerned that terminating sanctions are too harsh a remedy at this point. The Court granted a motion to compel initial responses, without objections, to supplemental interrogatories, supplemental RPDs, and special interrogatories, set two on 11/02/17. Plaintiff served responses to all of the discovery, ...

Excerpt: ...ch that further representation is not possible. Each of the attorneys declares he served the moving papers on his client via mail at a confirmed address. Each attorney has filed proof of service on his client and on all parties who have appeared in the action. Defendant opposes the motion, arguing that the Court recently imposed monetary sanctions on Plaintiff and his attorneys of record, jointly and severally, which have not been paid. Defendant...

Excerpt: ...ndant served Plaintiff with a second copy of the outstanding discovery. On 1/16/18, Plaintiff filed responses to all of the above‐detailed discovery. On 1/17/18, Defendant filed and served these motions to compel, contending it had not received any responses to the outstanding discovery. Pursuant to CRC 3.250(a)(8), responses to discovery are NOT to be filed with the Court. Each of the sets of discovery responses, however, also bears proof of s...

Excerpt: ...intiff suffered lacerations and scars to his face as a result of the accident, but has fully recovered. At this time Plaintiff, by and through his GAL and attorney of record, has agreed to settle his claims with the Ahns for the total amount of $60,265.00. Petitioner proposes to use $15,066.26 to pay outstanding medical bills, $5329.00 for attorneys' fees, $3098.18 for costs of suit, and to place the remaining $36,771.57 in a blocked account. The...

Excerpt: ...d automobile accident. At this time, Defendants move to reclassify this case as a limited jurisdiction case. Defendants provide evidence that Plaintiffs' recoverable medical specials are approximately $7000 and their property damage claim is approximately $900. Defendants provide evidence that Plaintiffs only treated with a chiropractor as a result of the accident. A motion to reclassify an unlimited civil case as a limited civil case may be gran...

Excerpt: ... a deposition subpoena for production of business records on Plaintiff's employer. The deposition subpoena is an “any and all” style subpoena, seeking to compel production of Plaintiff's entire personnel file from 8/20/13 to the present date. At this time, Plaintiff moves to quash the subpoena, contending it is protected by his right to privacy, and any need for the information is not outweighed by his right to privacy. Any opposition to the ...

Excerpt: ...urposes. The facts important to today's motion are as follows: on the date of the accident, Wayna Tamanaha was driving a motorcycle when he was struck by a car driven by Mendoza. Mendoza and Barrios have given conflicting statements concerning how the accident occurred; each contends the other made an unsafe and illegal lane change, which resulted in their two cars colliding, ultimately sending Mendoza's car into Tamanaha's motorcycle. Tamanaha i...

Excerpt: ...ndants' gate. Defendant, Alco 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...

Excerpt: ...e to amend as to Safeco Insurance Company of America unless Plaintiff can make an offer of proof on how the complaint can be amended to state a viable claim against Safeco Insurance Company of America. I. Background Facts On October 5, 2017, plaintiff Lionel Boyce (“Plaintiff”), in pro per, filed a complaint against defendants Youri Anissovets (“Anissovets”), U‐Haul International Inc. (“U‐Haul”), Safeco Insurance Company of Americ...

Excerpt: ... compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Defendants' 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). Defendants seek sanctions in the amount of $300/motion. The Court fin...

Excerpt: .... pedestrian accident. The minor plaintiff suffered a fractured femur as a result of the incident, but has completely recovered from his injuries at this time. Plaintiff, by and through his GAL and attorney, has agreed to settle this action with Defendant for the total amount of $110,000. If approved, $37,096.66 will be used for medical bills, $27,500 for attorneys' fees, and $17,928.70 for costs of suit. Petitioner proposes to place the net sett...

Excerpt: ...a Duffey Chanca and Kimberly Duffey Chanca for damages arising out of an automobile accident. The minor plaintiff suffered serious psychological damages as a result of the accident, but has fully recovered at this time. At this time, all parties have agreed to settle the action. Lily's gross settlement is in the amount of $13,000, and her mother's gross settlement is in the amount of $25,000. Petitioner proposes to use $2797.50 to pay outstanding...

Excerpt: ... with Juan Francisco Rosales and Rica's Pupusas. Plaintiff therefore added Rosales as a doe defendant on 2/28/17. Her process server served him with the summons and complaint on 3/29/17. He has not, to date, filed an answer to the complaint. Plaintiff has not had his default entered. On 10/16/17, Plaintiff's process server personally served Rosales with a deposition subpoena; Plaintiff also served a Notice of Deposition on all parties to the acti...

Excerpt: ...Defendants appeared in this action (filed an answer) through their attorney of record, Gregory Lucett. 2. Parties' Positions on Motions to Compel On 1/18/18, Plaintiff filed these motions to compel, contending Defendants had not served responses to the discovery. On 2/06/18, Defendants filed opposition to the motion. The opposition was one day late. CCP §1005(b). It was however, served by personal service. The Court has therefore read and consid...

Excerpt: ...Insurance Exchange. At this time, Plaintiff moves to quash the subpoena. 2. Parties' Positions concerning Motion to Quash On 12/28/17, Plaintiff filed the instant motion to quash, contending the deposition subpoena seeks production of records relating to a workers' compensation claim she made, which records are not relevant to this lawsuit. She contends the body part(s) injured in the workers' compensation action was not the same body part(s) inj...

Excerpt: ...neys' motions to be relieved as counsel. The motions were premised on the contention that there is a material difference between Plaintiff and her attorneys concerning how to prosecute the case, such that representation is no longer possible. The Court notes that Defendant seeks alternative issue or evidentiary sanctions, but the proposed sanctions are so broad that they would be tantamount to a terminating sanction. Trial in this case is schedul...

Excerpt: ...mended General Order Re: PI Court Procedures (2/25/16), on 12/22/17 at 10:00 a.m. Plaintiffs' attorney, however, appeared by way of courtcall, which rendered meaningful participation in the conference impossible. The conference was not substantively held. The hearing was continued to 1/19/18. Prior to the hearing, the Court issued a tentative ruling as follows: The Court will treat the 1/19/18 hearing as an Informal Discovery Conference. Counsel ...

Excerpt: ...position on 8/25/17. The deposition lasted 2 hours and 47 minutes, and was terminated as a result of a disagreement and altercation between the parties' attorneys (the details of this altercation will be discussed below). 3. Motion for a Second Deposition At this time, Defendant moves to compel a second session of Plaintiff's deposition. Defendant argues the deposition was prematurely terminated due to an altercation between the parties' attorney...

Excerpt: ...s for damages arising out of a dog bite incident. The minor plaintiff suffered lacerations and scratches, some of which required stitches, as a result of the incident, but has completely recovered from his injuries at this time. Plaintiff, by and through his GAL and attorney, has agreed to settle this action with Defendant for the total amount of $24,000. If approved, $5138.93 will be used for medical bills, $6000 for attorneys' fees, and $1199 f...

Excerpt: ...causes of action for negligence (24 Hour Fitness), assault and battery (Taghi), negligence (Taghi), IIED (Taghi), and NIED (Taghi). The crux of the allegations against Taghi is found at ¶15 of the complaint, wherein Plaintiff alleges: 15. On or about March 13, 2017, while at, on or near the premises of the 24 Hour Fitness USA, Inc., facility known as gym 929 ‐ Woodland Hills Topanga SuperSport, Woodland Hills, CA plaintiff was intentionally, v...

Excerpt: ...ed a complaint against Aguilar for damages arising out of the same accident. On 1/24/18, the cases were consolidated for all purposes. The consolidated cases are currently scheduled for trial on 1/11 2. Motion for Preferential Trial Setting Plaintiff moves for trial setting preference pursuant to CCP §36(a), which provides: (a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall gr...

Excerpt: ...tiff filed his complaint on 5/17/16, and the complaint alleges that the fall occurred in a store in Los Angeles County. To date, Plaintiff has not filed proof of service of the summons and complaint on Sears. On 6/06/17, over a year after filing the complaint, Plaintiff filed proof of service of the summons and complaint on Kmart. On 6/21/17, Kmart filed an answer to the complaint. 2. Motion to Transfer Venue At this time, Kmart moves to transfer...

Excerpt: ...edestrian accident. The minor plaintiff suffered various injuries as a result of the incident, but has completely recovered from his injuries at this time. Plaintiff, by and through his GAL and attorney, has agreed to settle this action with Defendants for the total amount of $15,000. If approved, $2757.78 will be used for medical bills, $3750 for attorneys' fees, and $1503.50 for costs of suit. Petitioner proposes to place the net settlement amo...

Excerpt: ...ener establishes, and Plaintiff (through her attorney) concedes that Plaintiff passed away on 7/12/15, five days before this action was filed. Plaintiff argues, however, that the motion should be denied because Intervener failed, in the moving papers, to submit authority specifically permitting dismissal of litigation under the circumstances. Plaintiff has a motion for leave to amend the complaint (to name Plaintiff's successor(s)‐in‐ interes...

Excerpt: ...cia's property. 2. Motion to Transfer Venue At this time, Garcia moves to transfer venue to Monterey County, contending the accident took place in Monterey County and Monterey County is the most convenient forum for the action. Defendant moves for change of venue on the ground that Los Angeles County is not a convenient forum. The Court has the discretion, per CCP §397(c), to transfer an action if the Court finds the county in which it was filed...

Excerpt: ...pel has passed, and Plaintiff fails to show that he ever sought an extension of time to file such motions. CCP §§2024.020, 2024.050. The motion is therefore denied. Defendant, in opposition to the motion, seeks imposition of sanctions against Plaintiff and his attorney of record for having to oppose the motion. Sanctions are appropriate per CCP §2023.030. The Court notes that Defendant complains about the excessive fees sought by way of the mo...

Excerpt: ...a result of Defendants' negligence. Plaintiffs, Evelyn and Claire allege they suffered emotional distress as a result of witnessing the damage to Shane. 2. Dr. Kissel's Prior Motion for Summary Judgment/Adjudication On 12/15/17, the Court heard Dr. Kissel's joinder to TMPN's motion for summary judgment or adjudication. The Court denied Dr. Kissel's motion for summary judgment on the ground that there were triable issues of material fact concernin...

Excerpt: ...Metropolitan Transportation Authority is MOOT. The Demurrer by Casandra Scott‐Carl Warren & Company TPA for Metro to the complaint is SUSTAINED. The Court is inclined to sustain the demurrer without leave to amend as to Casandra Scott‐Carl Warren & Company TPA for Metro unless Plaintiff can make an offer of proof on how the complaint can be amended to state a viable claim against Casandra Scott‐Carl Warren & Company TPA for Metro. I. Backgr...

Excerpt: ...ame courtroom or deemed related before they can be consolidated. On 2/03/17, 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...

Excerpt: ...representation is not possible. Each of the attorneys declares he served the moving papers on his client via mail at a confirmed address. Each attorney has filed proof of service on his client and on all parties who have appeared in the action. Defendant opposes the motion, arguing that the Court recently imposed monetary sanctions on Plaintiff and her attorneys of record, jointly and severally, and that an order permitting them to withdraw will ...

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

Excerpt: ...ff”), filed a complaint against defendants James Lee Chapdelaine (“Chapdelaine”), Los Angeles Metropolitan Transportation Authority (“Metro”) and Does 1 to 50 alleging causes of action for (1) negligence, (2) negligence per se and (3) statutory liability. The complaint alleges that on or about January 25, 2017, Plaintiff was injured when he was walking across an intersection as a pedestrian and a vehicle operated, driven, controlled, ma...

Excerpt: ... automobile accident. Plaintiffs, Jesse Cisneros and Ariana Carillo are minors, and they are appearing in the action through their mother and GAL, Esther Saludado. Ariana suffered soft tissue injuries as a result of the accident, and Jesse suffered lacerations to his face and soft tissue injuries; both of the minors have completely recovered from their injuries at this time. At this time, the minor plaintiffs, by and through his GAL and attorney,...

Excerpt: ...tion of documents. The motion is denied for several reasons. First, while the motion is captioned a “motion to compel production of documents,” the notice of motion indicates Plaintiffs seek an order “ordering Defendants to respond to Plaintiff's Request for Production of Documents, Set Three.” Thus, it is not clear what relief is sought. Second, the declaration in support of the motion fails to indicate anything about when the subject de...

Excerpt: ...Taking of Deposition of Defendant's Custodian of Records on multiple occasions, and Defendant has not complied. The parties have met and conferred, but been unable to resolve the dispute. At this time, Plaintiff moves to compel the deposition of Defendant's Custodian of Records. Plaintiff's notice of motion does not indicate the basis of Plaintiff's motion to compel Defendant's custodian of records deposition; the notice of motion only discloses ...

Excerpt: ...fendant to the case. On 4/21/17, the Court granted Defendants' motion for leave to file a cross‐ complaint against Spine Wave, Inc. The motion was premised on the contention that Defendants had recently learned that Plaintiff underwent back surgery as a result of the fall, and that the device implanted in his back has not performed as expected. On 5/31/17, Defendants filed their operative FACC against Spine Wave. On 7/05/17, Spine Wave filed an...

Excerpt: ... on page 4, lines 8‐10; and (8) paragraph 6, Plaintiff's prayer for reasonable attorneys' fees on page 6, line 6. The Motion to Strike is DENIED otherwise. No leave to amend is being granted since Plaintiff cannot reasonably amend the pleadings. I. Background Facts On October 23, 2017, plaintiff Francisco Paco Fuentes (“Plaintiff”) filed a complaint against defendant Eduardo Yanez (“Yanez”) and Does 1 to 50 alleging a cause of action fo...

Excerpt: ...ime, Defendant, Imad‐Aldeen Shbeeb‐Muammad, M.D. moves for summary judgment on the complaint, contending the care and treatment of Decedent complied with the standard of care at all times and did not cause or contribute to Decedent's death. The standard of care against which the acts of health care providers are to be measured is a matter within the knowledge of experts. Elcome v. Chin (2003) 110 Cal.App.4th 310, 317. Unless the conduct requi...

Excerpt: ...inal complaint on 7/21/17. On 7/31/17, before Defendant was served with the summons and complaint, Plaintiffs filed a First Amended Complaint. On 9/26/17, Defendant appeared in the action by filing a motion to strike the prayer for punitive damages and related language from the FAC. Plaintiffs, rather than oppose the motion, chose to file a Second Amended Complaint; upon receipt of the SAC, Defendant voluntarily took the motion to strike off cale...

Excerpt: ..., and on 12/13/17, Sandoval filed a motion to strike the punitive damages related allegations. The hearing on the motion is scheduled for 2/09/18, with any opposition to the motion due on or before 1/29/18. As of 2/02/18, the Court has not received an opposition to the motion. For reasons that are not clear, rather than opposing the motion and seeking leave to amend, Plaintiff instead chose to file a motion for leave to amend, setting it for hear...

Excerpt: ...nt is the original complaint, which alleges Herb Dow is liable to Plaintiff because he operated the subject vehicle; Plaintiff alleged Does 1‐100 employed the persons who operated the subject vehicle, owned the motor vehicle, and entrusted the motor vehicle. See complaint, ¶MV‐2. 2. Motion for Leave to Amend At this time, Plaintiff moves for leave to amend the complaint. Plaintiff seeks to amend the complaint in two ways. First, she wants to...

Excerpt: ...f a slip and fall in one of Defendant's stores. At ¶Prem. L‐1, Plaintiff alleges Defendant had actual or constructive notice of the spill on their premises in sufficient time to clean the spill. 2. Motion for Summary Judgment Defendant moves for summary judgment on the complaint, contending it lacked actual or constructive notice of the subject spill prior to the accident. a. Law Governing Motions for Summary Judgment A defendant moving for su...

Excerpt: ...ges arising out of an automobile accident. Plaintiffs' Decedent, Brianna Sanchez, died in the collision. On 10/03/17, the Schneider Defendants propounded a deposition subpoena for production of business records on the California Highway Patrol. The subpoena sought production of all of CHP's records and documents relating to the subject vehicle accident. Defendants contemporaneously served a notice to consumer on Plaintiff. Plaintiffs did not obje...

Excerpt: ...d an additional attempt to meet and confer, 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 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 ...

Excerpt: ...r. On 11/07/17, the Court 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 indicates that he “does not understand” why the case was dismissed, and concludes the dismiss...

Excerpt: ...ity to eat from the date of the procedure (9/27/16) until she passed away on 1/11/18. Plaintiff was 47 years old at the time of her death, and there was a conservatorship over her estate created by the Probate Court, with John Kao, Plaintiff's brother, appointed as her conservator. At this time Plaintiff, by and through her brother and attorney of record, has agreed to settle all claims with Defendant for the total amount of $165,000; Petitioner ...

Excerpt: ...the matter was originally set for trial on 10/26/17. On 7/25/17, the parties filed a stipulation to continue the trial date, and trial is currently scheduled for 3/27/18. At this time, Defendant moves to continue the trial date for approximately five months, from 3/27/18 to 8/06/18. Defendant indicates all parties have stipulated to the relief sought; no formal stipulation, however, is submitted with the moving papers. Defendant establishes that ...

Excerpt: ...roduction of business records on Plaintiff's various medical providers. The parties attempted to meet and confer, but were unable to resolve the issues relating to this motion to quash. At this time, Plaintiff moves to quash the subpoenas. Of note there, are five subpoenas that are the subject of this hearing; three motions were originally scheduled for 2/06/18, but have been continued to 2/07/18, to be heard contemporaneously with the remaining ...

Excerpt: ...sition off calendar. Thereafter, Defendant agreed to several deposition dates with Plaintiff's attorney, but each was canceled at the last minute. Defendant has been attempting to obtain dates for deposition from Plaintiff's attorney, but no dates have been forthcoming. On 12/12/17, the Court denied Defendant's motion to compel Plaintiff's deposition, without prejudice, finding that Defendant failed to show she propounded a Notice of Deposition o...

Excerpt: ...cident are not in dispute. The accident occurred on San Vicente Blvd. in Brentwood. Fact 1. There were four cars involved in the accident, from front to back being Plaintiff, unidentified third party, McDermott, and then Schaffner. Fact 3. McDermott was completely stopped when Schaffner made impact with him. Facts 4‐6. At this time, the McDermott defendants move for summary judgment on the complaint, contending nothing Conor McDermott did cause...

Excerpt: ...dants' path. The parties stipulated to substitute AC‐Catalina Landing, LLC for The Abbey Company, LLC. 2. Motion for Summary Judgment At this time, Defendants, Catalina Channel Express and AC‐Catalina Landing, LLC move for summary adjudication on Plaintiff's operative Second Amended Complaint. Specifically, they seek adjudication of the following two issues: 1. Plaintiff's sole cause of action against Defendants for "Negligence" is co...

Excerpt: .... Plaintiff filed her complaint on 6/30/16. On 11/28/17, Defense Counsel e‐mailed Plaintiff's attorney to obtain a date for Plaintiff's deposition. Receiving no response, Defense Counsel unilaterally set the deposition for 12/21/17. Defense Counsel attempted to confirm the deposition on two occasions, again without response. There was no objection to the notice of deposition. Ultimately, on 12/19/17, at 11:54 p.m., Plaintiff's attorney e‐mail...

Excerpt: ... on 2/02/15. Plaintiff tendered a claim to Defendant's insurance company, which denied the claim. On 5/11/16, Plaintiff filed proof of service of the summons, complaint, statement of damages, and related documents on Defendant. The POS indicates Defendant was served by personal service at her home address on 4/26/16. On 9/05/17, at Plaintiff's request, the Clerk entered Defendant's default. On 9/06/17, the Court entered judgment in Plaintiff's fa...

Excerpt: ...0/23/17, Defendants served non‐party, Uber with a deposition subpoena for production of business records. The subpoena sought production of “any and all documents or reports evidencing or documenting all passenger rides wherein Saeed Foroutan utilized Uber as a driver on March 28 ‐ 31, 2015, including the times and locations of passenger pick‐up and drop off, and identities of passengers.” Defendants and Uber met and conferred, with Ube...

Excerpt: ...na Shores”) for damages arising out of a slip and fall incident. Important to this motion, Marina Shores was the owner of the property where Plaintiff fell, and Phenix operated a salon on the property. At ¶11 of his complaint, Plaintiff alleges: On or about 9:00 a.m. on February 27, 2014, Plaintiff, LOUIS GARCIA fell as he entered PHENIX SALON SUITES. A condition on the property caused water to pool in front of the door to PHENIX SALON SUITES....

Excerpt: ...a stipulation to continue the trial date, but the Court rejected the stipulation because the name of the attorney on the stipulation did not match the name of the attorney in the file. The parties executed a second stipulation and filed it prior to trial. It did not, however, reach the courtroom prior to the scheduled trial date of 11/27/17. No party appeared at the trial, and the Court dismissed the case due to failure to appear. At this time, P...

Excerpt: ...e in connection with the care and treatment of Decedent, Marleny Escobar. At ¶10 of their complaint, Plaintiffs alleges Defendants are liable for malpractice because they “negligently failed to recognize, timely diagnose and/or properly treat an infection and/or a malignancy and/or an autoimmune disorder and/or a life ‐threatening condition, hemophagocytic symphohistiocytosis, and/or some other disorder without being limited thereto.” 2. M...

Excerpt: ...in his capacity as a cross‐complainant, on 8/21/17 and 10/27/17. To date, despite multiple extensions of time to respond, Cross‐Complainant has not served responses. Cross‐Defendant therefore seeks an order compelling Cross‐Complainant to respond, without objections, to the outstanding discovery and to pay sanctions. Cross‐Defendant's motions are granted. Cross‐Complainant is ordered to serve verified responses to form interrogatories...

Excerpt: ...tomobile accident. Plaintiff, Adolfo Mazon, Jr. was working for Kellogg Supply, Inc., which employer was insured by Intervener, Insurance Company of the West at the time of the incident. Plaintiff made a workers' compensation claim, which Intervener has paid. At this time, Intervener seeks leave to intervene in this action. Labor Code §§3852 and 3853 make clear that an employer (or its insurance company) against whom a claim for worker's compen...

Excerpt: ...iff filed his complaint on 8/22/16. Defendant filed an answer on 3/14/17. 2. Motion for Relief from Wavier of Jury Trial Plaintiff was obligated to post jury fees prior to commencement of trial, and in no event more than 365 days after filing the case. Plaintiff failed to do so. Plaintiff seeks relief from this failure per CCP §631. §631(g) provides, “The court may, in its discretion upon just terms, allow a trial by jury although there may h...

Excerpt: ...ding discovery, deeming RFAs admitted, 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 ...

Excerpt: ...urther representation is not possible. Counsel declares he served the moving papers on his client via mail at her last‐known address, which he attempted to confirm via phone calls, certified mail, and a visit to the last‐known address; he has been unable to confirm the address, and it appears Plaintiff no longer resides there. The Court has one concern with the motion. Counsel filed this action on behalf of Sofi Villatora‐ Alezano‐Velasqu...

Excerpt: ...ng 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 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 sanctions in the amount of $433.50/motion – one hour to prepare each motion and one ho...

Excerpt: ... relief Plaintiff seeks; notably, much of the motion includes incomplete sentences, and no material discussion of the notice of deposition at issue is included. Third, Plaintiff expressly concedes, in the motion, that the time for hearing on motions to compel has passed, but Plaintiff fails to show that he ever sought an extension of time to file such motions. CCP §§2024.020, 2024.050. Fourth, Plaintiff relies on CCP §2025.220(3) in support of...

Excerpt: ...ed deposition date of 11/14/17. Attorneys for all sides (Plaintiff, the deponent defendant, and the co‐defendant) appeared at the deposition, but Defendant did not appear. At this time, Plaintiff seeks an order compelling Defendant to attend his deposition within the next twenty (reply says ten, but notice of motion says twenty) days. Defendant opposes the motion on the sole ground that Plaintiff failed to meet and confer prior to filing the mo...

Excerpt: ...ween Plaintiff and Pastor on the entity defendants' premises. Oceano is the owner of the subject premises, and Greystar is the management company. Plaintiff was a former tenant at the time of the altercation, and Pastor was a person who routinely stayed with a tenant but was not himself a tenant. 2. Defendants' Facts Many of the facts relating to this motion are undisputed. If a fact is disputed, the Court will present each party's contention in ...

Excerpt: ... accident occurred on 10/11/14. Plaintiff filed his complaint on 1/08/16. Plaintiff served Defendants on 5/15/17 and 5/24/17. The trial date was originally scheduled for 7/10/17, but the parties stipulated to continue it; the trial date is currently scheduled for 7/26/18. 2. Initial Note On 1/29/18, the Court received a courtesy copy of Plaintiff's purported opposition to the motions to compel, discussed below. The courtesy copy includes a sticky...

Excerpt: ...es arising out of an automobile accident. Specifically, Plaintiffs allege the accident killed Decedents, Ernesto Javier Chinchillas Castro and Hector Rogelio. Notably, the complaint is not entirely clear regarding its theory of liability against each of the four defendants. At ¶16 of the complaint, Plaintiffs allege Rutherford was driving the vehicle and Medina was a passenger. However, at other places in the complaint, Plaintiffs refer to both ...

Excerpt: ...heduled for 11/26/18. At this time, Serrano moves to stay the action against her, contending she was called to active duty military service subsequent to the auto accident at issue, and will be on full‐time active duty until 4/22/2020. Serrano relies on 50 U.S.C. App. §521 and the California Military and Veterans Code §403(a) to support his motion. 50 U.S.C. App. §521 provides: At any stage thereof any action or proceeding any court in which...

Excerpt: ...ed settlement agreement. Defendant's motion does not mention CCP §664.6. That section is not applicable here in any event as it requires the parties themselves, not counsel, to stipulate before the court or in writing. Levy v. Superior Court (1995) 10 Cal. 4th 578, 585‐86. Defendant had the option of complying with CCP §998(b)(1) and CRC 3.250(a)(23), and seeking entry of judgment in that manner. However, he chose to make a motion. The motion...

Excerpt: ... responses were served. The motion is granted; the RFAs are deemed admitted. CCP §§2033.280(a), (b), and (c). The Court notes that Defendant does not seek imposition of sanctions in connection with the motion, and therefore no sanctions are imposed. Parties who intend to submit on this tentative must send an email to the court at [email protected] indicating intention to submit on the tentative as directed by the instructions provided on th...

Excerpt: ...red Plaintiff to do so within ten days, and also ordered Plaintiff and her attorney of record, jointly and severally, to pay sanctions within twenty days. On 12/06/17, Defendant filed the instant motion for terminating sanctions, contending Plaintiff had, to date, failed to comply with the order compelling discovery responses, and the complaint should be dismissed as a result. As an initial note, any opposition to the motion was due on or before ...

Excerpt: ...10(f) (tabbing of exhibits) and 3.1350(e) (the points and authorities, separate statement, and evidence must each be a separate document). Taken together, these violations leave the Court with a single 255‐page document with no way to delineate which pages relate to which aspect of the opposition. The hearing on this motion for summary judgment is continued to 1/26/18 at 1:30 p.m. in D‐ 92. The Court notes that trial in this case is not sched...

Excerpt: ...o recover workers' compensation benefits paid to Plaintiff as a result of the accident. At this time, the City moves to consolidate the two actions. The cases have been deemed related, and are therefore ripe for consolidation. CCP §3853 mandates consolidation of actions such as these, and the motion is therefore granted. BC623057 is deemed the lead case for all purposes; all future hearing and trial dates in BC642778 are advanced to today's date...

Excerpt: ...s 9/01/17 order, which is attached to the moving papers as Exhibit C, and finds that the order makes clear that the Court is setting the matter for hearing on noticed motion on 10/04/17, but is not ruling on the merits of the request to compel Plaintiffs' depositions. For reasons that are not clear, Defendant served a notice of ruling indicating that the Court granted the ex parte application to compel Plaintiffs' depositions. Defendant did not, ...

Excerpt: ... The action concerns Defendants' care and treatment of Plaintiff in connection with her obstetrical care. The complaint contains a sole cause of action for medical negligence. At this time, the County moves for summary judgment on the complaint Defendant establishes that it propounded RFAs on Plaintiff on 4/21/17. Plaintiff failed to respond, and on 9/26/17, the Court deemed the RFAs admitted. The RFAs establish that (a) Defendant was not neglige...

Excerpt: ...rs were traveling southbound on Bundy in West LA at the time of the accident. Plaintiff was completely stopped with Tsuji immediately behind her when Tosheff rear‐ended Tsuji. The parties dispute whether Tsuji had been stopped for a period of time prior to the accident, such that Tsuji would bear no responsibility for the accident, or whether Tsuji stopped suddenly, which contributed to the accident. Concurrent with his answer to the complaint,...

Excerpt: ...f an automobile accident. At this time Defendant, Iraj Shamsian has agreed to settle all claims with Plaintiffs for the total amount of $140,000. He seeks a court order finding the settlement in good faith. Sharmsian timely and properly served the moving papers on all parties to the action. Any opposition to the motion was due on or before 12/22/17. As of 1/03/18, no party has filed opposition to the motion. The burden on a motion for determinati...