Excerpt: ...“Plaintiff”) filed a complaint against defendants Marc Sean Lapsley Sr (“Lapsley”), Perris Valley Auto Center (erroneously sued as Perris Valley KIA Inc.) (hereinafter “Perris Valley”) and Does 1 to 25 alleging causes of action for (1) negligence, (2) negligence per se, (3) motor vehicle owner liability, (4) violation of Vehicle Code section 14606, (5) violation of Vehicle Code section 14604, (6) negligent entrustment of motor vehicle...

Excerpt: ...nded RFAs and RPDs on each of the two defendants. Defendants responded, and the parties met and conferred. The parties ultimately participated in an informal discovery conference on 4/17/18. The IDC resolved the majority of the issues presented by way of the motions. On 6/11/18, Plaintiff filed “amended” notices of motion concerning each of the sets of discovery at issue. In these amended notices of motion, Plaintiff argues certain responses ...

Excerpt: ...�), Howard Johnson International Inc (“Howard Johnson”) and Does 1 through 50 alleging causes of action for general negligence against each defendant. On April 23, 2018, Plaintiff filed a first amended complaint (“FAC”) alleging causes of action for (1) general negligence including count 1 – negligence of employees and count 2 – negligent training; and (2) premises liability. The FAC in relevant part alleges the following: 1) Plaintif...

Excerpt: ...sortium, leave to amend will only be granted if Plaintiff can make an offer of proof at the hearing on how the complaint can be reasonably amended. I. Background On June 30, 2017, plaintiff Marcos Salazar (“Plaintiff”) filed this action against Valley Presbyterian Hospital, Valley Presbyterian Hospital Foundation alleging causes of action for (1) general negligence, (2) medical malpractice and (3) loss of consortium. The complaint in relevant...

Excerpt: ...n make an offer of proof at the hearing on how the complaint can be reasonably amended to state a claim for IIED. As to the fourth cause of action, only plaintiff Claudia Hall is granted fifteen days' leave to amend. The Motion to Strike is GRANTED in entirety. As to punitive damages, leave to amend will only be granted if Plaintiffs can make an offer of proof at the hearing on how the complaint can be amended to warrant punitive damages. As to t...

Excerpt: ... first, a cause of action for negligence arising out of the accident itself, and second, a cause of action for declaratory relief arising out of the parties' pre-litigation settlement negotiations. The parties take conflicting positions concerning whether those negotiations resulted in a binding settlement, and Plaintiff seeks declaratory relief concerning the issue. At this time, Plaintiff moves to bifurcate the declaratory relief cause of actio...

Excerpt: ... Thereafter, Plaintiff relocated to Victorville, in adjacent San Bernardino County. 2. Matters on Calendar At this time, Defendants move to compel Plaintiff to attend a deposition in Rancho Cucamonga, and also to attend an IME in Long Beach. Defendants also seek imposition of sanctions. a. Initial Note Opposition to the motions was due on or before 6/08/18. The Court has not received opposition to the motion. b. Motion to Compel Deposition Defend...

Excerpt: ...uently dismissed the City as a defendant, leaving only Bali as an active defendant at this time. Plaintiff's charging allegations are found at ¶¶7 and 8 of her complaint, which allege as follows: 7. On October 8, 2014, in the evening, Inglewood caused Bali to perform necessary repairs in the public street named Osage in the city of Inglewood and further caused a hole to be dug in the street and covered up with metal plates in the evening when a...

Excerpt: ...Background On March 8, 2018, plaintiff Courtney Leibowitz (“Plaintiff”) filed this action against Shirin Rahmani (“Rahmani”), Dina Atalla-Mikhael, DM Clinical Collaborations Inc dba JJ Trinity Compounding Pharmacy and Does 1 through 25 alleging causes of action for medical malpractice and pharmacy malpractice The FAC in relevant part alleges the following: 1) Beginning on or about November 11, 2011, Rahmani and Does 1 to 15 medically trea...

Excerpt: ... for summary judgment, which is 12/19/18. Defendant therefore seeks an order continuing the trial date until after the MSJ hearing date. Plaintiff opposes the motion, arguing Defendant has not acted with diligence in defending the case. 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 lim...

Excerpt: ... to file an answer within ten days of this order. I. Background On April 6, 2018, plaintiff Timothy Brian Young (“Plaintiff”) filed this action against City of Los Angeles (“City”), Drake Terrace Homeowners Association Inc (“Drake”) and Does 1 through 100 alleging causes of action for (1) liability pursuant to Government Code sections 835 and 945, (2) liability pursuant to Government Code section 815.2 and 945, (3) general negligence ...

Excerpt: ...to serve timely responses, and served tardy responses on 3/18/18; she did not respond at all to RFA 4 or to form interrogatories 6.1., 7.1, 7.2, 8.2, and 17.1 (as it relates to RFAs 1, 2, 3, 11, and 14). On 4/30/18, Defendant sent a meet and confer letter. Plaintiff has not, to date, served responses to the subject discovery. 2. Initial Note On 6/11/18, Plaintiff filed opposition to the motions. Opposition was due on or before 6/06/18. The same d...

Excerpt: ...ges Defendants were negligent, in that they allowed the floor to accumulate rain and become slippery. Plaintiff filed his complaint on 1/07/14. The parties engaged in no law and motion practice throughout the course of the action, but did agree to continue the trial date multiple times. The original trial date of 7/07/15 was ultimately continued, by multiple stipulations between the parties, to 10/27/17. 10/10/17 EX PARTE APPLICATION The depositi...

Excerpt: ...filed her operative First Amended Complaint. On 10/06/17, Defendants answered the FAC. On 5/23/18, Plaintiff filed the instant motion for leave to amend. Plaintiff seeks leave to add two additional defendants to the action. Plaintiff provides evidence that she knew, from the date of the accident forward, that there were three vehicles involved in the accident, but she did not know the identity of the third driver. During the course of discovery, ...

Excerpt: ...intiff filed her complaint on 6/11/15, and the matter was originally set for trial on 12/12/16. The parties agreed to continue the trial date twice by stipulation, and trial is currently scheduled for 7/20/18. At this time, Defendant, with Plaintiff's agreement, moves to continue the trial date for approximately three months, from 7/20/18 to 10/1918. The parties establish that the case has been made complicated by Defendant's cross-complaint for ...

Excerpt: ...ative, they seek summary adjudication of each cause of action (general negligence and motor vehicle negligence) in the complaint. The motion is denied. As Defendant argues, Plaintiffs did not address or attempt to prove the amount of their damages (while Plaintiffs did indicate an amount of damages for their car, they did not address the amount of damages they are seeking for personal injuries sustained in the accident). See facts 10 and 11 in th...

Excerpt: ...l distress. The complaint includes a prayer for punitive damages. On April 17, 2018, Simmons filed a demurrer to the complaint with a May 9 hearing date. On April 26, 2018, Plaintiff filed a first amended complaint (“FAC”) with a proof of service dated April 26, 2018. On May 9 the tentative was to deem the demurrer moot in view of the FAC. Plaintiff did not appear at the hearing but Defendant did and counsel represented that she had not recei...

Excerpt: ... to quash on 5/23/18. Prior to the hearing, the Court issued a tentative ruling denying the motion on the ground that the motion, as drafted, was so confusing that the Court could not grant the relief sought. At the hearing, Plaintiffs appeared and successfully argued for a continuance of the hearing and permission to file new papers. On 5/29/18, Plaintiffs timely filed an amended motion to quash. Per Court order, opposition to the amended motion...

Excerpt: ...f a dog attack. Plaintiff sustained injuries to her right breast as a result of the attack. Plaintiff filed her complaint on 8/24/15. On 12/01/15, she filed proof of service of the summons, complaint, statement of damages, and related documents on Defendants, William Bergenholtz and William Bergenholtz as Trustee for the Wilfred Willard Bergenholtz Trust (collectively “Bergenholtz”). Both proofs of service show service on Bergenholtz via subs...

Excerpt: ...two extensions of time to respond, Defendant has not served responses. Plaintiff therefore seeks an order compelling Defendant to respond, without objections, to the outstanding discovery and to pay sanctions. As an initial note, only one filing fee was paid for the motion to compel, which actually consists of three motions. Plaintiff is ordered to pay two additional fees and bring proof of payment to court on the day of hearing. If the additiona...

Excerpt: ...s on 4/25/18. Prior to the hearing, the Court issued a tentative ruling granting the motion for terminating sanctions and denying all other requests for relief. Both parties, through their attorneys of record, appeared at the hearing. Plaintiffs represented that they had served verified responses, without objections, on the same date as the hearing, and requested a ruling denying the motion. Defendant indicated an intent to review the responses p...

Excerpt: ...on 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. Plaintiff may direct the trial court to this order, which should not be co...

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: ...ve an objection to Defendant's notice of deposition or file a motion for a protective order concerning the deposition. At this time, Defendant moves to compel Plaintiff to complete her deposition. CCP §2025.450(a) provides, in pertinent part: If, after service of a deposition notice, a party to the action … without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, … the party givi...

Excerpt: ... Facts Deborah Bruggman and her husband witnessed the accident. The husband has already been deposed, and his testimony is not at issue at this time. On 12/07/17, Defendant had a deposition subpoena for personal appearance served on Deborah Bruggman (hereafter “Bruggman”), and also propounded a Notice of Deposition on Plaintiffs; Defendant set Bruggman's deposition for 1/08/18. Plaintiffs' attorney was not available on 1/08/18, and on 12/29/1...