Excerpt: ...ccident. Defendant, Green Rhino Logistics, LLC is a suspended corporation and therefore cannot defend itself in this case. Its insurance company, Williamsburg National Insurance Co., seeks leave to file an complaint‐in‐intervention in order to protect its interests in the litigation. 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 t...

Excerpt: ...nt, LLC for damages arising out of a trip and fall at Defendants' store. The complaint includes causes of action for negligence and premises liability, and is premised on the following allegations (photograph omitted): 12. On November 7, 2014, at approximately 7:40 p.m., Plaintiff Buktaw and her husband were lawfully on the Subject Premises after purchasing groceries from Defendant Trader Joe's. Immediately before the incident, Plaintiff Bukt...

Excerpt: ... plaintiff James Patrick Cusick (“Plaintiff”) filed a complaint against defendants Robert Ruacho, Toyota Motor Credit Corporation, Toyota Lease Trust LSR, Pablo Cervantes Ruacho, Isela Ibet Ruacho and Does 1 to 50. On November 30, 2017, Plaintiff filed a first amended complaint (“FAC”) after the Court sustained a demurrer to the complaint with leave to amend. Plaintiff alleges causes of action for motor vehicle and general negligence. The...

Excerpt: ...utomobile accident with an uninsured motorist. Plaintiff also filed the instant action against Defendants, Baggage Airline Guest Services, Inc. (“BAGS”), Jessica Victory, and EAN Holdings, LLC for damages arising out of a second automobile accident, which accident occurred on 4/30/15. 2. Motion to Consolidate At this time, BAGS moves to consolidate the civil action with the UIM action. BAGS argues there is a risk of inconsistent rulings if th...

Excerpt: ...sed discovery motions; among the motions was a motion to deem RFAs admitted. At this time, Defendants move for judgment on the pleadings on the complaint, contending Plaintiff's admitted RFAs are fatal to the complaint. Defendants rely on Bockrath v. Aldrich Chem. Co., Inc. (1999) 21 Cal.4 th 71, 83 and Williams v. So. Calif. Gas Co. (2009) 176 Cal.App.4 th 591, 600 to support their position that the subject RFAs, as well as the Court ruling deem...

Excerpt: ...y 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) it lacked notice of any dangerous condition. a. Initial Note The Court has read and reviewed Plaintiff's separate statement in opposition to the motion, and is concerned that much of the evidence upon which Plaintiff relies is not actually attached to his opposition. For example, Plaintiff purp...

Excerpt: ...outstanding discovery, and also imposing sanctions; the Court ordered Plaintiff to serve verified responses within ten days. To date, Plaintiffs have not complied with the order; at this time, Defendants seek 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 impositi...

Excerpt: ...mitted. Defendant argues the motion should be denied because Defendant served responses in substantial compliance with the Code before the motion was filed. In the alternative, Defendant argues he should be relieved from his failure to serve responses, as Defense Counsel cannot locate Defendant. Finally, Defendant argues the ends of justice would not be served by deeming the RFAs admitted. CCP §2033.280 obligates the Court to deem the RFAs admit...

Excerpt: ...nd battery on Plaintiff by a patron of Defendants' nightclub. Plaintiff filed the complaint on 6/27/13. Plaintiff ultimately named 5 Diamond Protection, Inc. as Doe 4 in the action on 2/03/16. On 2/05/16, Plaintiff filed a proof of service of the summons and complaint on Defendant, 5 Diamond. The POS indicates Defendant was served via substitute service on David Alanoa, a person accepting service on Defendant's agent, Aaron Sayed's behalf. The PO...

Excerpt: ...ws: Background Facts Plaintiff, Richard Kimble filed this action against Defendant, Lifepath, INc. for damages arising out of a slip and fall that occurred on Defendant's premises. Plaintiff filed his complaint on 9/12/17. On 10/13/17, he filed proof of service of the summons and complaint on Defendant. The POS indicates that Defendant was served via substituted service on its authorized agent for service of process, Beverly Phillips, by posting ...

Excerpt: ...a parking lot. The altercation at issue occurred on 9/23/14. On 3/23/17, Plaintiff filed proof of service of the summons, complaint, statement of damages, and related documents on Defendant. The POS indicates Plaintiff was served by substitute service on the “gatekeeper” at his apartment building. The substitute service took place on 2/20/17, and the declaration of mailing indicates the papers were mailed to Plaintiff on 3/11/17. On 5/11/17, ...

Excerpt: ...ny. An arbitration award is not directly enforceable until it is confirmed by a court and judgment is entered. (CCP § 1287.6; Jones v. Kvistad (1971) 19 Cal.App.3d 836, 840.) A party who is satisfied with an arbitration award should move to confirm the award. A party may seek a court judgment confirming an arbitration award by filing and serving a petition at least 10 days, but no more than four years after the award is served. (CCP §§ 1288, 1...

Excerpt: ...e Counsel could not locate Defendant; ultimately, Defense Counsel located Defendant, but Plaintiff attempted to place terms on any agreement to take a deposition without a court order, and Defendant deemed those terms unacceptable. For that reason, the deposition has not gone forward at this time. Notably, Defendant timely filed and served his opposition on 1/11/18. Any reply to the opposition was due on or before 1/22/18. As of 1/25/18, the Cour...

Excerpt: ...s (set two) on Plaintiff on 6/05/17. Defendants made numerous attempts to meet and confer with Plaintiff's attorney. Ultimately, on 9/21/17, they filed a motion to deem the RFAs admitted. The moving papers were served on Plaintiff via service on his attorney of record at the time, D. Hess Panah. On 10/10/17, Plaintiff filed a notice of association of counsel. The notice indicated that the McElfish law firm was associating in with Panah as Plainti...

Excerpt: ...gelita Gonzales Hernandez (the principal of the school) for damages arising out of the alleged sexual assault and rape of Minor Plaintiff, Doe by one of her teachers, Cross‐ Defendant, Richard Paul Daniels. The complaint includes causes of action for:  Negligent Supervision, Hiring, and/or Retention – by Plaintiff, Doe against Defendants, District and Hernandez;  Negligent Infliction of Emotional Distress – by Plaintiff, Melba Martine...

Excerpt: ...s to compel responses to the foregoing discovery and imposed sanctions. The Court ordered Plaintiff to serve verified responses, without objections, 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,...

Excerpt: ...rved responses. Defendant seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. On 1/16/18, Plaintiff filed timely opposition to the motions. In the opposition, Plaintiff concedes responses were not timely served. Plaintiff indicates responses will be served “on or before 1/22/18.” No responses are included with the opposition papers. Plaintiff's attorney declares the failure to...

Excerpt: ...cords. Defendant therefore moves to compel American to produce the records. The motion is denied for two reasons. First, the motion was rescheduled via ex parte application on 1/12/18. At that time, the Court advanced the hearing from 2/20/18 to 1/26/18. On 1/18/18, Defendant filed a Notice of Ruling, which includes a copy of the motion as Exhibit A. Defendant has not, however, actually filed the motion itself with the Court. The copy included as...

Excerpt: ...laint against defendants Jose Carrillo, Adrian Badillo Vega, Angela Carrillo, Maria Dolores Vega and Does 1 through 10 alleging causes of action for negligence and negligence per se. On December 22, 2017, the defendants demurred to complaint on the ground that it is barred by the applicable statute of limitations. On January 12, 2018, Plaintiffs filed an opposition. The Court notes that instead of opposing the demurrer on the merits, Plaintiff's ...

Excerpt: ... matter of law; in the alternative, it contends it is entitled to summary adjudication of issues. a. Issues Presented Defendant argues it is entitled to judgment as a matter of law for each of the following reasons; in the alternative, it contends it is entitled to adjudication of each of the following issues: 1. Issue No. 1: Plaintiffs First Cause of action for Premises Liability (under a Dangerous Condition of Public Property theory) has no mer...

Excerpt: ...ff filed the complaint on 3/14/16. To date, Plaintiff has not filed proof of service of the summons and complaint on any named defendant. On 8/28/17, the Court called the matter for an FSC, and on 9/14/17, the Court called the matter for trial; no party appeared on either date, and on 9/14/17, the Court dismissed the case. At this time, Plaintiffs move to set aside the dismissal. Plaintiffs' attorney declares the failure to appear at the FSC and ...

Excerpt: ...by Plaintiff's attorney's assistant on 12/12/17. Defendant has attempted to meet and confer to select a new deposition date, but Plaintiff has not responded. At this time, Defendant seeks an order compelling Plaintiff to attend his deposition and to produce documents at deposition. The motion to compel is granted. CCP §2025.450(a). Plaintiff's Counsel and Defense Counsel are ordered to work together to schedule a time, date, and location for Pla...

Excerpt: ...did serve unverified responses; unverified responses, however, are tantamount to no responses at all. Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. The motions to compel are granted. Plaintiff is ordered to serve verified responses to form interrogatories, special interrogatories, and RPDs, withou...

Excerpt: ...aintiff alleges Defendant's dental care and treatment resulted in a mandibular fracture and substantial pain and suffering. Plaintiffs filed the action on 9/30/11. The parties agreed to several continuances of the trial date. On 10/10/14, the trial court granted Defendant's motion for summary judgment. Plaintiffs appealed. The court of appeals reversed, and on 8/02/16, the case was remanded back to the trial court. On 6/14/17, the trial court hel...

Excerpt: ...ages arising out of a fall from a broken chair in Defendant's ice cream shop. Plaintiff's complaint includes causes of action for negligence and strict products liability. Both causes of action are pled against Frogurt and Does 1‐50. At this time, Frogurt moves for judgment on the pleadings on the second cause of action for strict products liability. Frogurt correctly notes that the complaint, at ¶7, alleges Does 21‐50 designed, manufactured...

Excerpt: ...rs on 1/17/18; the Court cannot locate a proof of service of the moving papers. Defendant was ordered to file opposition on or before 1/19/18, and Plaintiff was ordered to file a reply on or before 1/23/18. On 1/22/18, Defendant filed an untimely opposition to the motion, which includes proof of service via FedEx the same day. It would be impossible for Plaintiff to file a timely reply in light of the late opposition. The order, however, was not ...

Excerpt: ...t, Francisco Arambula Caro. They seek an order withdrawing Counsel's representation of Caro and permitting them to file an amended answer on behalf of the entity defendants and not on behalf of Caro. The motion is denied. First, there is no notice of motion, which is required by CRC 3.1110(a). Second, the points and authorities do not include any statement of law or citation of authorities to support the relief requested. CRC 3.1113(b). Third, to...

Excerpt: ...ff to serve responses, without objections, within ten days, and to pay sanctions. 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 wi...

Excerpt: ...e breakdown in the relationship are provided in Counsel's declaration in support of the motion. Counsel declares he served the moving papers on Client at an address that has been confirmed by telephone The motion is denied because it is set to be heard unreasonably close to the trial date. The trial date in the case is 2/13/18, and the FSC is scheduled for 2/01/18, approximately two weeks after the hearing on this motion. Unlike their clients, at...

Excerpt: ...ve been filed. Three of the motions all seek to have Defendant, Margarita Ravelo's RFAs, set one propounded on Plaintiff, Sofi Villatoro‐Alezano‐ Velasquez deemed admitted. It is not clear why three identical motions were filed. If this is incorrect, Defendants' attorney must appear at the hearing and explain the distinction in the three motions. Defendant, Margarita Ravelo propounded form interrogatories, RFAs and RPDs on Plaintiff, Sofi Vil...

Excerpt: ...ncement of this litigation, Plaintiff, Mather lived in LA County. Thereafter, Mather relocated to Alaska. 2. Motion to Compel At this time, Defendant moves to compel Plaintiff to attend a deposition in LA County, and also to attend an IME in LA County. a. Initial Note Opposition to the motion was due on or before 1/11/18. The Court has not received opposition to the motion. The Court notes that Defendant has previously filed three discovery motio...

Excerpt: ...s Plaintiff can make an offer of proof at the hearing showing how the causes of action can be amended to show how a viable claim can be alleged against Shadow Glen Homeowners Association. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349.) I. Background Facts On June 10, 2016, plaintiff Anaeis Issakhani (“Plaintiff”) filed a complaint against defendant Shadow Glen Homeowners Association Inc (“SGHA”) and does 1 to 50. On October 23, 2017, Plai...

Excerpt: ...against defendants Los Angeles County Metropolitan Transportation Authority (“Metro”), the City of Los Angeles (the “City”), the County of Los Angeles (the “County”) and Does 1 to 100 alleging causes of action for general negligence and motor vehicle negligence pursuant to various statutes including Government Code §§ 815.2, 815.4, 820, 830.8, 835 and 840.2 and Vehicle Code § 17001 and/or Civil Code § 2100. Plaintiff alleges that ...

Excerpt: ...ie Higgins for damages arising out of an automobile accident. Allison Bell was pushing her niece, Liam Kowal, in a stroller at the time of the accident. Defendant collided with them at an excessive rate of speed, killing Kowal and injuring Bell. Bell has recovered from her physical injuries, but continues to experience emotional distress in connection with the incident. Plaintiff, by and through her GAL and attorney, has agreed to settle this act...

Excerpt: ...strative Servies Cooperative, Inc., and TM Transportation, Inc. for damages arising out of an automobile accident. Plaintiff, Noriko Dorra was a passenger in Defendants' cab when the accident occurred. Plaintiffs allege the individual defendant, Kedrick, who was a paid driver, fell asleep at the wheel, crashed into a tree, and overturned the car, causing Noriko to sustain personal injuries and Anthony to suffer loss of consortium. Plaintiffs' com...

Excerpt: ...s filed their complaint 12/04/15. The case was scheduled for an FSC on 5/19/17 and trial on 6/05/17. Plaintiffs failed to appear at either hearing, and on 6/05/17, the Court dismissed the case. 2. Motion to Set Aside Dismissal On 12/04/17, Plaintiffs filed the instant motion to set aside the dismissal. Plaintiffs argue the failure to appear at trial was the result of Counsel's neglect. Plaintiff's attorney submits a declaration with the motion ex...

Excerpt: ...ff, associated Bish Law as co‐counsel for Plaintiff in this matter. At this time, Plaintiff's associated attorney of record, Mindy Bish/Bish Law APC, seeks to be relieved as counsel, contending there has been a breakdown in the attorney‐client relationship such that further representation is not possible. Counsel declares that the moving papers were served by mail on her client at the client's last known address. While Counsel has been unable...

Excerpt: ...f, Tigran Balasanyan, a minor by and through his GAL, Edgar Balasanyan, filed this action against Defendant, Glendale Unified School District for damages arising out of a fall that occurred when an exercise bike he was using had a defective pedal. The minor plaintiff suffered a punctured thigh, headaches, and back pain as a result of the incident, but has completely recovered from his injuries at this time. Plaintiff, by and through his GAL and a...

Excerpt: ... Special Interrogatories, Set One, and Requests for Admission, Set One on Plaintiff. On 11/14/17, the Court granted Defendant's unopposed motions to compel responses to the foregoing discovery, and ordered Plaintiff to serve verified responses, without objections, within ten days. The Court also granted the motion to deem the RFAs admitted and imposed monetary sanctions in the amount of $555, payable within thirty days. To date, Plaintiff has not...

Excerpt: ..., but is not a party to the lawsuit. 2. Motion for Protective Order/to Compel Second Session of Deposition On 8/21/17, Defendant took Maxwell Johnson's deposition. Plaintiff's attorney, Daniel M. McGee, appeared at the deposition and indicated he was representing Maxwell in connection with the deposition. During the course of the deposition, McGee instructed Maxwell not to answer a variety of questions. At this time, Defendant seeks an order perm...

Excerpt: ...st defendant Araceli Medina (“Medina”) and Does 1 to 30 to recover the sum of $30,638.68 that Farmers was obligated to pay its insured, Henry Chan, for collision damage stemming from an accident allegedly caused by the defendants. On September 27, 2017, Medina, in pro per, filed a cross complaint against Farmers, Henry Chan, Belin Huang Chan aka Henry Chan and Roes 1 to 30. The Cross complaint alleges causes of action for (1) contributory neg...

Excerpt: ...gainst defendants Roberto Carlos Tejada‐Ruiz (“Ruiz”), Penske Truck Leasing Corporation, Penske Truck LSG Co. LLP and Does 1 through 25. On November 8, 2017, Plaintiff filed a first amended complaint (“FAC”) and included All Cartage Transportation Inc as a defendant. The FAC alleges causes of action for general negligence and motor vehicle negligence. On December 14, 2017, Ruiz, Penske Truck Leasing Corporation and Penske Truck LSG Co. ...

Excerpt: ...nsel pm hac vice in this action. The application fully satisfies CRC 9.40. The applicant establishes that she is licensed in the States of Arizona and Nevada, and isin good standing. She has appeared pro hac vice in b,vo other cases in California in the past fivo years. She does not regularly work on live in California. A licensed California attorney, Todd Kaftchner, is associated as counsel in this case. The Courts only concern is the lack of pr...

Excerpt: ...ross‐complaint against Real Time Staffing Services, LLC (referred to as “Select Staffing” in the moving papers) for indemnification and related claims. Defendant contends Select Staffing entered into a binding indemnification agreement with Defendant that governs Plaintiff's claims in this suit. A cross‐complaint against any of the parties who filed the initial complaint or cross‐complaint against the cross‐complainant must be filed b...

Excerpt: ...Automobile Insurance Company, moves for leave to intervene in the action. In Hodge v. Kirkpatrick Develop Inc. (2005) 130 Cal.App.4 th 540, 554, the court considered the issue of whether an insurance company with subrogation rights should be granted leave to intervene in the main action. It held that, per CCP §387(b), the insurance company's rights to obtain subrogation would be compromised if intervention were not allowed, and therefore interve...

Excerpt: ...he complaint on 8/20/15 and served it on Defendants on 12/30/16. 2. Motion to Compel Independent Medical Examination a. Initial Note Opposition to this motion was due on or before 1/08/18. CCP §1005(b). Plaintiff filed her opposition papers on 1/12/18, four days late. The Court cannot locate proof of service of the opposition papers. The Court has not considered the late‐filed (and possibly unserved) opposition papers. The Court notes that Def...

Excerpt: ...iff by a patron of Defendants' nightclub. Plaintiff filed his complaint on 6/27/13. On 11/20/17, Defendants, Sunset Entertainment Group, LLC, Freddy Braidy, and Boulevard Nightlife Group, LLC filed the instant motion to dismiss. They move to dismiss the complaint pursuant to CCP §§583.410 and 583.420, and CRC Rule 373, which collectively permit the Court to dismiss an action if it has been pending for more three years and the plaintiff has not ...

Excerpt: ...intiff has not served 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, any opposition to the motions was due on or before 1/09/18. CCP §1005(b). On 1/16/18, Plaintiff filed an untimely opposition to the motion. The Court reviewed the opposition for the sole purpose of determining wh...

Excerpt: ...ts' 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 $3...

Excerpt: ...o carbon monoxide while a tenant in a property owned by Defendants. 2. Motion for Summary Judgment Defendants move for summary judgment on the complaint, contending it is barred by the statute of limitations and res judicata. The Court will consider the res judicata issue first. The doctrine of res judicata gives certain conclusive effect to a former judgment in subsequent litigation involving the same controversy. It seeks to curtail multiple li...

Excerpt: ...endants, Cedars‐Sinai Medical Center and Carole Jordan‐Harris, M.D. for medical malpractice arising out of Defendants' care and treatment of Mia in connection with her mother's labor and delivery. Mia suffered serious cognitive injuries as a result of the labor and delivery, and her deficiencies are not expected to completely resolve at any point in her lifetime. 2. Settlement At this time, the parties have agreed to settle the entire action....

Excerpt: ...0/18. Defendant therefore seeks an order continuing the trial date until after the MSJ hearing date. To date, no party has filed opposition to the motion. 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....

Excerpt: ... 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 homel...

Excerpt: ...rder. I. Background Facts On March 14, 2017, plaintiff Moon Ja Pang (“Ms. Pang”) filed this action against defendants Saint Vincent Medical Center (erroneously sued as Saint Vincent Hospital) (“SVMC”), Dr. Edward Mcpherson and Does 1 through 20, alleging a cause of action for medical malpractice. On August 16, 2017, defendant Dr. Edward Mcpherson was dismissed from the action with prejudice. On August 30, 2017, the Court sustained SVMC's ...

Excerpt: ...led a complaint against defendants Jory S. Gorcey (“Gorcey”), the City of Los Angeles (the “City”), the Department of Water and Power (“DWP”) and Does 1 to 12. Plaintiff alleges a cause of action for general negligence against Gorcey and a cause of action for premises liability against the City and DWP. The complaint alleges the following: 1) on November 10, 2015, Plaintiff and several other riders including Gorcey were on a group bik...

Excerpt: ...aintiff alleges Defendant's dental care and treatment resulted in a mandibular fracture and substantial pain and suffering. Plaintiffs filed the action on 9/30/11. The parties agreed to several continuances of the trial date. On 10/10/14, the trial court granted Defendant's motion for summary judgment. Plaintiffs appealed. The court of appeals reversed, and on 8/02/16, the case was remanded back to the trial court. On 6/14/17, the trial court hel...

Excerpt: ...e breakdown in the relationship are provided in Counsel's declaration in support of the motion. Counsel declares he served the moving papers on Client at an address that has been confirmed by telephone The motion is denied because it is set to be heard unreasonably close to the trial date. The trial date in the case is 2/13/18, and the FSC is scheduled for 2/01/18, approximately two weeks after the hearing on this motion. Unlike their clients, at...

Excerpt: ...ishes to hear from Counsel at the hearing on the issue. Counsel's declaration, ¶3, indicates Client was served via mail at a confirmed address. Counsel declares the address was confirmed via “Westlaw Search.” The Court wishes to hear how the Westlaw Search was conducted, what the results were, and why Counsel believes a Westlaw Search “confirms” an address; in other words, is a Westlaw Search a reliable source of information to reveal an...

Excerpt: ...ff”), filed a complaint against defendants Tufesa USA LLC (“Tufesa USA”), Tufesa International, Tufesa Los Angeles and Does 1 to 100 alleging causes of action for general negligence and motor vehicle negligence. Plaintiff alleges the following: 1) on May 31, 2016, in Mexico, the defendants carelessly and negligently managed, trained, employed and supervised their employees. (Complaint p. 4 GN‐1); 2) The defendants carelessly and negligent...

Excerpt: ... for judgment on the pleadings, contending he recently received a bankruptcy discharge that includes Plaintiff's claims in this suit. Plaintiff opposes the motion, arguing she can continue to prosecute this action against Defendant through his insurance company despite the discharge. The following issues are presented by way of the motion:  Should the Court consider the opposition?  Is judgment on the pleadings appropriate in light of the b...

Excerpt: ...ins a prayer for punitive damages based on the allegation that Defendant was intoxicated at the time of the subject accident. Specifically, Plaintiffs' operative First Amended Complaint alleges: At all times herein mentioned, Defendant JAMES DELANEY, acted in a conscious disregard of Plaintiffs' rights. Defendant JAMES DELANEY maliciously and recklessly operated a motor vehicle upon a public highway while under the influence of alcohol when he kn...

Excerpt: ...ovember 3, 2017, plaintiffs Mi Jung Parkyoon and Huyng Oh Kwoun (jointly “Plaintiffs”) filed a complaint against defendants Hart Dasteel (“Dasteel”) and Does 1 to 25 (“Metro”) alleging causes of action for (1) negligence and (2) punitive damages. The complaint includes a prayer for punitive damages based on the second cause of action. Plaintiffs allege that on November 30, 2016, Dasteel negligently and carelessly owned, operated and d...

Excerpt: ...int: (1) page 3 paragraph 9 in entirety; (2) page 5 prayer no. 4 for exemplary damages; and (3) page 5 prayer no. 6 for attorney's fees and costs of suit incurred. Plaintiff is granted with fifteen days' leave to amend. I. Background Facts On July 24, 2017, plaintiff Hyun Sil Kim (“Plaintiff”), filed a complaint against defendants CWC Investments Inc (“CWC”), John Kim and Does 1 to 25 alleging causes of action for (1) strict liability bas...

Excerpt: ...cklessly at the time of the subject accident. Plaintiff filed his complaint on 4/05/16. On 3/20/17, he filed proof of service of the summons and complaint, showing service on Defendant via personal service on an unspecified date. On 5/08/17, Defendant filed his answer to the complaint. On 12/20/17, Defendant filed the instant motion to strike portions of the complaint. Per CCP §435(b)(1), Defendant was obligated to file his motion to strike no m...

Excerpt: ...cated he suffered injuries to his hand, wrist, neck, and lumbar spine, but indicated only the injuries to his hand and wrist were ongoing. On 4/06/17, Plaintiff sat for deposition. At that time, he indicated his injuries to his neck and lumbar spine were ongoing. At this time, Defendants move to compel Plaintiff to attend a second IME, the purpose of which is to examine his complaints of neck and upper lumbar pain. Plaintiff opposes the motion, a...

Excerpt: ...e FAC: page 2 lines 25‐27; Paragraph 21 on page 5; Paragraph 22 on page 5; Paragraph 23 on page 5; and Plaintiff's prayer for attorney's fees on page 6 line 20. The remaining requests to strike are DENIED. The Court GRANTS Plaintiff fifteen days' leave to amend. I. Background Facts On June 29, 2017, plaintiff Brian Wongsang Kim (“Plaintiff”) filed a complaint against defendants Los Angeles County Metropolitan Transportation Authority (“Me...

Excerpt: ... ultimately filed these motions on 12/28/17. As an initial note, Defendant's motions to compel were originally scheduled to be heard on 1/17/18, and the motion to deem RFAs admitted was scheduled to be heard on 1/18/18. The Court continued the hearing on the 1/17/18 motions to compel to 1/18/18, to be heard concurrently with the motion to deem RFAs admitted. On 1/04/18, Plaintiff filed opposition to the motions. Plaintiff argues, in opposition to...

Excerpt: ... out of an automobile accident. Each of the three plaintiffs has appeared for deposition. Shamsian contends, however, that they failed to produce documents at their depositions, and that they should be compelled to do so. The motions are denied for two reasons. First, the moving papers fail to show good cause for production of the documents sought, as required by §2025.450(b)(1). Second, CRC 3.1345(5) makes clear that a separate statement must b...

Excerpt: ..., LLC, following a mediation. The settlement was conditioned upon Plaintiffs dismissing their action against GM. GM provided Plaintiffs with settlement checks, and Plaintiffs provided GM with a request for dismissal. Plaintiffs' attorney asked that the dismissal not be filed until the process of negotiating Plaintiffs' Medi‐Cal liens was completed. Defense Counsel inadvertently filed the request for dismissal form before Plaintiffs completed th...

Excerpt: ...ponses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery, deeming the RFAs admitted, and ordering Plaintiff to pay sanctions. Defendant's motions to compel are granted. Plaintiffs 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). To the extent Defendant ...

Excerpt: ...y days' leave to amend. I. Background Facts On July 28, 2017, plaintiff Phamie White (“Plaintiff”), in pro per, filed a complaint against defendants Grand Medical Associates (“Grand”), Thomas J. Cachur Jr. DO (“Cachur”) (erroneously sued as Dr. Thomas Cachur Jr.) and Does 1 to 20. On September 28, 2017, Plaintiff filed a first amended complaint (“FAC”) alleging causes of action for (1) negligent failure to diagnose and treat again...

Excerpt: ...pers on Defendants. The Court issued a tentative ruling denying the motion due to failure to file proof of service. Plaintiff appeared at the hearing on the motion, and the Court agreed to continue the hearing to permit Plaintiff to serve Defendants. On 12/01/17, Plaintiff filed proof of service of the moving papers as well as a notice of continuance. On 1/04/18, Defendants timely filed opposition to the motion. On 1/10/18, Plaintiff timely filed...

Excerpt: ...ndividually and as the parent and heir of Natalie Korngute Hall (“Decedent”), filed a complaint against defendants Jesse Abell (“Abell”), Randi Marla Curtis (“Curtis”) and Does 1 to 30 alleging causes of action for premises liability against Curtis and Does 1 to 30 and negligence and wrongful death against all defendants. The complaint alleges the following: 1) on February 17, 2017, Decedent died while on premises owned, controlled an...

Excerpt: ...parties executed two stipulations to continue the trial date, and the trial date was ultimately set for 11/02/17. Shortly before the 11/02/17 trial date, the parties executed a third stipulation to continue the trial date. The Court rejected the stipulation because only two continuances by way of stipulation are permitted under the personal injury court's rules. The parties, however, did not receive notice of the rejection of the stipulation unti...

Excerpt: ...out of a trip and fall in a parking lot. At this time, 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 grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessa...

Excerpt: ...��Plaintiffs”), filed a complaint against defendant Western Freight Carrier Inc (“Western”) and Does 1 to 30. On November 3, 2017, Plaintiffs filed a first amended complaint (“FAC”) alleging causes of action for motor vehicle negligence and general negligence. On December 11, 2017, Western and Rivas (jointly “Demurring Party”) filed a demurrer to the FAC. On January 4, 2018, Plaintiffs filed an opposition. Meet and Confer Before fil...

Excerpt: ...rike is MOOT. I. Background Facts On August 8, 2017, plaintiff Joyce Rodriquez (“Plaintiff”), filed a complaint against defendants Guard‐Systems Inc. (“Guard‐Systems”), Food 4 Less GM Inc., Food 4 Less Holdings Inc., Food 4 Less of California Inc., Food 4 Less of Southern California Inc. and Does 1 to 30. On October 16, 2017, Plaintiff filed a first amended complaint (“FAC”). Plaintiff alleges causes of action for (1) negligence, ...

Excerpt: ...ranted. Plaintiff is ordered to serve verified responses without objection within 10 days. The Declaration of Lasley discusses both form interrogatories and RPDs. However the notice of motion only seeks an order as to the interrogatories and no motion to compel responses to RFDs was filed. The request for sanctions is denied as the notice of motion fails to indicate against whom sanctions are sought as required by CCP section 2023.040. Parties wh...

Excerpt: ...ed a cross‐ complaint against Caceres concerning the same accident. Confusing the matter, already pending was BC618939, Caceres v. Asoyan. The cases have been deemed related, but have not been consolidated. 2. Motion to Set Aside Dismissal BC642845 was called for trial on 11/02/17; because there was no appearance, the Court dismissed the case. At this time, Asoyan moves to set aside the dismissal. Asoyen contends the failure to appear at the tr...

Excerpt: ... as Plaintiff's address on her pleadings; Plaintiff did not respond. On 10/25/17, the Court issued an order compelling Plaintiff to appear for deposition and to pay sanctions. 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...

Excerpt: ...d responses to the interrogatories on 9/27/17. At this time, Defendant moves to compel “responses” to the interrogatories. Defendant moves pursuant to CCP §2030.290(a) and (b). These sections apply when a party on whom discovery was propounded “fails to respond.” In this case, Plaintiff responded. The fact that the responses at issue were objections does not mean Plaintiff “failed to respond.” Defendant was obligated to file a motion...

Excerpt: .../12/17, Plaintiff propounded a deposition subpoena for production of business records on Defendant's retained expert, Steven Sykes, M.D. The subpoena seeks production of the following categories of documents: 1. All written medical reports in your possession, custody or control prepared by you while acting for anyone as a medical examiner pursuant to Code of Civil Procedure section 2032.0 10 et seq. and dated after November 1, 2010. 2. All transc...

Excerpt: ... additional meet and confer effort, Plaintiff has not served 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. Defendant's motions to compel are granted. Plaintiff is ordered to serve verified responses to form interrogatories, special interrogatories and RPDs, without objections, within ten days. CCP §...

Excerpt: ...obile involved in the accident, and PV Holding is sued as the owner of the automobile and for negligently entrusting the vehicle to Leelakanti. Plaintiff filed this action on 10/26/16. On 6/20/17, he filed an application to serve the summons and complaint on Leelakanti via publication. On 6/28/17, the Court granted the order for publication. On 8/14/17, she filed proof of service of the summons and complaint on Leelakanti via publication. Motion ...

Excerpt: ...an Gabriel Valley Medical Center, LP, AHMC Healthcare, Inc., and So Tang, M.D. for damages arising out of alleged medical malpractice. Plaintiffs filed the action on 3/08/16. The case was originally set for trial on 9/08/17. On 6/02/17, the Court granted Plaintiffs' motion to continue the trial date to 2/21/18, when it is currently scheduled. Notably, one of the two grounds for the prior continuance was the fact that Plaintiffs had recently added...

Excerpt: ...ossible. The motion is denied without prejudice for two reasons. First, Counsel failed to file a declaration on judicial council form MC‐052, which is mandatory per CRC 3.1362(c). Second, Counsel filed proof of service of the notice of motion and proposed order Plaintiffs, but failed to file proof of service of the moving papers on Defendant, who appeared in the action on 10/11/16. Parties who intend to submit on this tentative must send an ema...

Excerpt: ...as a result of the accident. 2. Deposition Subpoena At issue today is Defendant's motion to compel production of records pursuant to subpoena. On 9/06/17, Defendant propounded a deposition subpoena for production of business records on Decedent's high school, Frida High; the production date was designated as 10/06/17. Specifically, the subpoena sought production of: THE RECORDS REQUESTED ARE regardless of date FOR THE FOLLOWING TYPES OF RECORDS: ...

Excerpt: ...oving Arguments At this time, the City seeks leave to file a cross‐complaint against Johnson for indemnification and related claims. The City contends Johnson occupied the subject property, at the time of the accident, through a rental agreement with the City; it contends the rental agreement has an express indemnification clause, and also that Johnson should be obligated to indemnify the City on equitable principles. Defendant argues its forme...

Excerpt: ...malpractice. At this time, Defendant, Dr. Edwin Kok has agreed to settle his claims with Plaintiffs for $15,000. Kok seeks an order from the Court finding that the settlement is in good faith. Kok timely and properly served the moving papers on all parties to the action. Any opposition to the motion was due on or before 12/20/17. As of 1/02/18, no party has filed opposition to the motion. The burden on a motion for determination of good faith set...

Excerpt: ...thin ten days from the date of service of the refiled SAC. I. Background Facts On June 15, 2017, plaintiff Arin Tabrizi (“Plaintiff”), filed a complaint against defendant City of Glendale (the “City”) and Does 1 to 50 alleging a cause of action for (1) premises liability and (2) negligence. On November 13, 2017, Plaintiff filed a first amended complaint (“FAC”). The FAC alleges that Plaintiff tripped over uneven street asphalt in very...

Excerpt: ...standing 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 are circumstances where imposition of...

Excerpt: ...m interrogatories, special interrogatories, and RPDs. Defendant served responses; the parties met and conferred, and Defendant served supplemental responses. The parties met and conferred additionally, and ultimately participated in an informal discovery conference on 11/14/17. On 12/06/17, Plaintiff filed the instant motion to compel further responses to form interrogatories, special interrogatories, and DFIs. The Court has not received oppositi...

Excerpt: ...ek an order compelling Wang and You to respond, without objections, to the outstanding form interrogatories, deeming the RFAs admitted, and requiring Wang and You to pay sanctions. The motions to compel are granted. Wang and You are ordered to serve verified responses to form interrogatories, without objections, within ten days. CCP §§2030.290(a),(b). The motion to deem RFAs admitted is also granted. CCP §2033.280(b). Sanctions are mandatory. ...

Excerpt: ... 7/01/16, Pascual Eduardo Gomez substituted Century Park Law Group as his attorney of record. At this time, Century Park Law Group moves to be relieved as counsel for Pascual Eduardo Gomez only; the motion does not concern the Group's representation of Maria Gomez. The Group contends there has been a breakdown in communication that prohibits further representation. No additional details concerning the breakdown in the relationship are provided in...

Excerpt: ...e 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, Defendants seek 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 impositi...

Excerpt: ...e moving papers. First, the Court cannot locate a proposed order on the motion (or a proof of service of the proposed order). CRC 3.1362(d), (e). Second, the Court cannot locate proof of service of the moving papers on Plaintiff or on Defendant, who has appeared in the action. If Counsel re‐files the motion, the Court asks Counsel to file a declaration with specific facts concerning the outcome of his attempts to confirm his client's address. F...

Excerpt: ...d responses. Plaintiff therefore seeks an order compelling Defendants to respond, without objections, to the outstanding discovery and to pay sanctions. Plaintiff's motions are granted. Defendants are ordered to serve verified responses to form interrogatories, without objections, within ten days. CCP §2030.290(a),(b). Sanctions are mandatory. §2030.290(c). Plaintiff seeks sanctions in the amount of $1170 total. Specifically, Plaintiff seeks to...

Excerpt: ...mited to limited jurisdiction court, contending Plaintiff will not recover damages in excess of the jurisdictional limit in this case. Defendants argue Plaintiff's medical bills are approximately $7000 and she has no lost earnings claim. Defendant also notes Plaintiff made a §998 offer of $12,000. Plaintiff opposes the motion, arguing that (a) she has ongoing pain and suffering from the accident, (b) she has a claim for property damage, and (c) ...

Excerpt: ... not served responses. Defendant therefore seeks an order compelling Plaintiffs to respond, without objections, to the outstanding discovery and to pay sanctions. Defendant's motions are granted. Plaintiffs are ordered to serve verified responses to form 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). Defendant...

Excerpt: ...notice. Defendant filed its motion on 12/05/17, and the motion bears proof of service showing the motion was also served on 12/04/17. Defendant's motion fails to comply with the safe harbor provision set forth in §128.7(c)(1), which requires the motion to be served on the opposing party at least 21 days before the motion is filed. The motion is denied due to failure to comply with the safe harbor period requirements. The Court notes that Plainti...