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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...otions to compel responses to the outstanding discovery, and also imposing sanctions; the Court ordered Plaintiff to serve verified responses within ten days. To date, Plaintiff has not complied with the order; at this time, Defendant seeks an order imposing terminating sanctions. Pursuant to Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 776, the Court should typically impose lesser sanctions prior to awarding terminating sanctions. However, there ...

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

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

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

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

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

Excerpt: ...(“Plaintiff”), filed a complaint against defendants Alco Holding Co (“Alco”), Alcoinvest LLC (“Alcoinvest”), New Era Investments LLC (“New Era”) and Does 1 to 100 alleging causes of action for general negligence and premises liability. The complaint alleges that on February 11, 2015, while lawfully on the defendants' premises, Plaintiff was injured when a sliding gate located at the premises crushed Plaintiff's hand. (Complaint p....

Excerpt: ...ing discovery, and also imposing sanctions; the Court ordered Defendants to serve verified responses within ten days. To date, Defendants have not complied with the order; at this time, Plaintiff seeks an order imposing terminating sanctions and striking Defendants' answers. Pursuant to Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 776, the Court should typically impose lesser sanctions prior to awarding terminating sanctions. However, there are ci...

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

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

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

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

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

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

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

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

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

Excerpt: ... Plaintiff to serve verified responses within ten days. To date, Plaintiff has not complied with the order; at this time, Defendant seeks an order imposing terminating sanctions. Pursuant to Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 776, the Court should typically impose lesser sanctions prior to awarding terminating sanctions. However, there are circumstances where imposition of terminating sanctions is appropriate without first imposing issue...

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

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

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

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

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

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

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

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

Excerpt: ...ed and fell on a sidewalk for which some or all Defendants were responsible. On 3/06/18, the Court granted Defendant, Chase's motion to dismiss the case. On 3/21/18, Defendant timely filed and served a memorandum of costs. On 4/06/18, Plaintiff timely filed and served a motion to strike and/or tax the costs bill. On 4/20/18, Defendant timely filed and served opposition to the motion. A reply was filed on 4/27/18. Plaintiff's primary contention in...

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

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

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

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

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

Excerpt: ...gligence, and failure to fulfill mandatory duties. 2. Motion for Summary Judgment At this time, Defendant moves for summary judgment on the complaint, contending (a) the condition was not dangerous as a matter of law, and (b) the cause of action for general negligence cannot be stated against a public entity, and (c) Streets and Highways Code §§5611 and 5615 do not create a basis for liability against a public entity. a. Initial Note Plaintiff ...