Excerpt: ...set for trial on 8/01/18. At this time, Defendant moves to continue trial. He contends he diligently propounded discovery on Plaintiffs, but only recently learned that Plaintiffs' employers do not have any employment records for them, such that Defendant needs to serve written discovery seeking lost earnings records through other avenues. Defendant also needs additional time to secure an expert concerning lost earnings in light of the lack of thi...

Excerpt: ...on for summary judgment, which is 1/08/19. Defendant therefore seeks an order continuing the trial date until after the MSJ hearing date. The Court, in ruling on the motion, is guided by the case of Wells Fargo Bank v. Superior Court. The Court therein held that a trial court may not refuse to hear a summary judgment motion filed within the time limits of section 437c. (Wells Fargo Bank, N.A. v. Superior Court (1988) 206 Cal.App.3d 918. 919.) Loc...

Excerpt: ... move for summary judgment, contending they were fully stopped when the accident occurred; two other cars were involved in an accident, and ultimately one of them spun out and hit Plaintiffs' vehicle; Moving Defendants' vehicle never made impact with Plaintiffs' vehicle. Defendants provide evidence of the foregoing by way of the declaration of an accident reconstructionist, the parties' deposition testimony, the parties' discovery responses, and ...

Excerpt: ...fendants Does 1 through 50 alleging a cause of action for negligence. The complaint alleges the following: Defendants had a duty to perform maintenance, repair and/or inspections of the elevators located in the Ralph's grocery store located at 12057 Wilshire Boulevard, Los Angeles, CA 90025 (“Subject Store”), in a manner that would allow the elevators to operate in a safe manner that would not endanger the safety of those persons, including s...

Excerpt: ...8; the POS shows Defendant was served on 4/08/18 via substitute service on a co-resident at her home located in Los Angeles, CA, with the papers mailed the next day. A declaration of diligence is included, showing multiple attempts to serve the papers via personal service prior to service by substitute service. 2. Motion to Quash At this time, Defendant moves to quash service of the summons and complaint, contending (a) she did not reside at the ...

Excerpt: ...r treat her endocarditis, which resulted in injuries and damages. At this time, Dr. Shanna Cox, M.D. moves for summary judgment, contending she complied with the standard of care at all times, and nothing she did caused or contributed to Plaintiff's claimed injuries or damages. Dr. Cox saw Plaintiff in the emergency room before she was ultimately transferred to another facility for ongoing care. Defendant supports her motion with the expert decla...

Excerpt: ...regorio Aguilar (“Aguilar”), Flavia Vergara (“Vergara”) and Does 1 to 50 alleging causes of action for (1) assault, (2) battery (3) negligence, (4), negligent hiring, (5) intentional infliction of emotional distress and (6) premises liability. The complaint in relevant part alleges the following: 1) McDabs is a medical marijuana dispensary. (Complaint ¶ 8); 2) Aguilar and Vergara are the owners of the property where McDabs is located. (I...

Excerpt: ...t of the accident, and Defendant previously had Plaintiff examined by an orthopedic doctor to evaluate her injuries. At this time, Defendant moves to compel Plaintiff to sit for a second IME, this time with a neurologist. Defendant seeks to compel this second examination because Plaintiff also claims she has a condition called trigeminal neuralgia, which condition was managed by medication prior to the accident, but was exacerbated after the fall...

Excerpt: ...rice Transfer Inc (“Price Transfer”), Price Transportation and Does 1 through 100 alleging causes of action for (1) motor vehicle, (2) general negligence and (3) premises liability. The complaint alleges that on January 14, 2016, the defendants negligently and carelessly owned, operated, maintained their premises so as to cause Plaintiff to fall from a truck/vehicle trailer while operating a forklift within the vehicle trailer on the premises...

Excerpt: ...fered 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, Pasadena Presbyterian Church for $500, and Med Pay for $4770.00. Petitioner proposes to use $5329 to pay outstanding medical bills, $7107.82 for attorneys' fees, $3098.18 for costs of suit, and to place ...

Excerpt: ...es of the trial date, and on 5/15/18 the Court granted Plaintiff's ex parte application to continue the trial date. Trial is currently scheduled for 8/29/18. When the Court granted the application to the continue the trial date, the Court did not grant Plaintiff's companion request to continue the discovery cut-off to reflect the new trial date; the Court instructed Plaintiff to seek such relief by way of noticed motion. At this time, Plaintiff m...

Excerpt: ...lpractice resulting in the death of Decedent, Andrew Stoddard. The plaintiffs includes Decedent's wife and two minor children. 2. Motion for Trial Setting Preference At this time, Plaintiffs move for trial setting preference per CCP §36(b). §36(b) provides: (b) A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the...

Excerpt: ...neously named himself as a defendant in the caption of each of the two causes of action, and moves for leave to ensure the causes of action are articulated solely as being brought by Plaintiff and against Defendants. The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. (CCP §§473 and 576.) Judicial policy favors resolution of all disputed matters between the parties and, therefore, l...

Excerpt: ... Huntington Park for wrongful death and survival claims arising out of alleged medical malpractice. At this time, Defendant moves for an order compelling joinder of all necessary parties or, in the alternative, staying the action until all necessary parties have been joined in the action. Defendant provides evidence, by way of Plaintiff's deposition testimony, that there are two additional heirs who are not named as plaintiffs in this action – ...

Excerpt: ...dant, Clayton Przekop. The POS shows Defendant was served via substituted service at 3966 Berry Avenue, LA, CA 90066 on 5/09/18 via substituted service on Christina Doe, with the papers mailed thereafter. At this time, Defendant moves to quash service of the summons and complaint. Defendant contends he does not reside at the address where he was purportedly served, and instead resides in Oakland. Notably, Defendant does not provide any evidence i...

Excerpt: ...rt granted the motions and ordered Defendants to respond and pay sanctions. At the hearing, Plaintiffs mentioned outstanding RFAs. Defendants indicated they were not aware of any outstanding RFAs. The Court, according to Defendants, asked Plaintiffs to again provide the RFAs to Defendants for responses. On 5/14/18, Plaintiffs sent an additional meet and confer letter regarding the RFAs; the letter asked for responses before 5/21/18. On 5/24/18, P...

Excerpt: ...laintiff substituted in her current attorney of record. On 6/06/18, through her new attorney, Plaintiff filed the instant motion for leave to amend her complaint. The causes of action in the proposed amended complaint are the same as those set forth in the original complaint. The crux of Plaintiff's position is that her new attorney realized that the complaint was not pled with sufficient specificity, and seeks leave to add specific allegations s...

Excerpt: ...d Plaintiff and Defendant to go outside to discuss an issue. Plaintiff seeks imposition of punitive damages against Defendant in connection with the complaint. At this time, Defendant seeks an order that the trial be bifurcated such that trial of “the issue of punitive damages” be heard after trial on the issue of liability. The motion is not entirely clear on what is meant by “the issue of punitive damages.” Defendant's motion to bifurca...

Excerpt: ...ff ultimately provided additional responses, and on 5/31/18, Defendant filed a Declaration of Counsel indicating the motions are substantively moot at this time. Defendant, however, continues to seek imposition of sanctions because Plaintiff's conduct made the filing of the motions necessary. Absent a showing of good cause and/or substantial justification, sanctions are mandatory per CCP §§2030.290(c) and 2031.300(c). Plaintiff failed to oppose...

Excerpt: ..., and a second set of supplemental discovery. Plaintiffs responded to the second set of supplemental discovery, but Defendant did not. At this time, Plaintiffs move to compel Defendant to respond to the second set of supplemental discovery. The parties agree that CCP §§2031.050(b) and 2030.070(b) do not permit the discovery at issue; those sections permit only one set of supplemental discovery after the initial trial date is set. The parties di...

Excerpt: ...pped 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 5/04/18, the Court heard Plaintiff's motion to strike and/or tax costs. The Court issued a tentative ruling granting the motion in part and denying the motion in part. At the hearing, the Court's order became final, with o...

Excerpt: ...s against Defendants. Specifically, Plaintiff alleges that, on 2/01/17, he was using an exterior staircase when a defect in the staircase caused a stair to break off, and he sustained injuries. He alleges he reported the incident to Defendants, and they chose to take no action or inappropriate action, which choice was motivated for their own desire to make a profit over their concern for the safety and wellbeing of others. Plaintiff alleges that,...

Excerpt: .../17, Plaintiff added Village Green East Homeowners Association as Doe 1. Plaintiff alleges Village Green owned the property adjacent to the sidewalk where he fell, and alleges Village Green's tree roots caused the defect on which he tripped. Village Green filed a motion to quash service of the summons and complaint; after the motion was denied, it filed an answer to the complaint on 11/28/17. At this time, Village Green moves to continue trial. I...

Excerpt: ...of injuries sustained when a soccer goal collapsed on him. The minor plaintiff suffered a variety of injuries as a result of the incident, but has recovered completely at this time. Plaintiff, by and through his GAL and attorney, has agreed to settle this action with Defendant for the total amount of $100,001. If approved, $4118.47 will be used for medical bills, $40,000 for attorneys' fees, and $3279.43 for costs of suit. Petitioner proposes to ...

Excerpt: ...e 8/24/17 trial, and on 8/24/17 the Court dismissed the case for failure to prosecute. On 11/08/17, the Court heard and granted Plaintiff's motion to vacate the dismissal. The Court ruled: The Court has discretion to vacate a dismissal under Cal. Code Civ. Proc. §473. The motion must be made within “a reasonable time,” not exceeding six months. Here, Plaintiff's counsel adequately showed excusable neglect (calendaring error). Counsel filed t...