Excerpt: ... ignored all attempts at communication and is not complying with discovery obligations such that further representation is not possible. The Court notes that Counsel filed this action on behalf of two plaintiffs – Gladys and David Cruz. The motion, however, is directed only at Gladys. On 3/23/18, Counsel filed an “amended motion” directed at both of the plaintiffs. The 3/23/18 papers, however, were served by mail, and were therefore not tim...

Excerpt: ...lure 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 address has not been ...

Excerpt: ...loss of consortium. The basic facts concerning the incident are undisputed. There was a dresser with a table top, and the bottom and top drawers (but not middle drawer) were open. Plaintiff was looking at something on the top of the dresser, and she closed the top drawer, but she did not close the bottom drawer. She then turned to show her husband something, and as she turned back toward the dresser, she tripped on the bottom (still open) drawer,...

Excerpt: ... Rivas. Since Plaintiffs have already amended the pleadings twice and since there are no facts alleged as to how the pleadings can be amended to defeat the statute of limitations bar as to Western Freight Carrier Inc, the Court finds that the Second Amended Complaint cannot be reasonably amended. Thus, no leave is to amend is granted. I. Background On May 15, 2017, plaintiffs Lily Hernandez and Melissa Hernandez (jointly “Plaintiffs”), filed ...

Excerpt: ...viously denied Plaintiff's motion to reinstate the action without prejudice. The Court held: Plaintiff's motion is summarily denied without prejudice. Plaintiff's counsel represents plaintiff sent a check for plaintiff's first filing fee to the court on December 21, 2017, but fails to attach a copy of same or attach any other proof of payment. Plaintiff's counsel's statements “[p]laintiff sent the check to the Court on December 21, 2017 and app...

Excerpt: ...tensions of time to respond, but insisted responses must be without objections, which were waived due to failure to timely respond; on 2/08/18, Plaintiff served responses, which consisted entirely of objections are were not verified. At this time, Defendants move to compel responses to the discovery at issue and move to deem the RFAs admitted. The initial question before the Court is whether these motions were properly filed as motions to compel ...

Excerpt: ...anding 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 t...

Excerpt: ...esided there for approximately eleven years. The fall occurred when she was walking from her unit to her mailbox, which was located in the front of the complex. At this time, Defendant moves for summary judgment on the complaint, contending the defect at issue was trivial as a matter of law. As an initial note, Plaintiff's opposing separate statement fails to comply with CRC 3.1350(f) and (h). Plaintiff fails to identify the evidence she contends...

Excerpt: ...t of a multi‐vehicle automobile accident. 2. Motion for Determination of Good Faith Settlement At this time, the Reed Defendants have entered into a policy limits settlement with Plaintiffs for the total amount of $50,000. They seek an order finding the settlement in good faith and barring any cross‐complaints against them for indemnification or related claims. The Court previously denied the Reed Defendants' motion for determination of good ...

Excerpt: ...ez (“Martinez”) (jointly “Plaintiffs”) filed this action against Juan Carlos Diaz Ramirez (“Ramirez”) and Maria Del Socorro Torres‐Flores (“Torres‐Flores”) and Does 1 through 30. On December 14, 2017, Plaintiffs filed a first amended complaint (“FAC”) alleging causes of action for general negligence and motor vehicle negligence. The FAC alleges that on October 20, 2015, the defendants were negligent in operating and owning...

Excerpt: ...NIED as to requests (1), (2), (4), (5), (7), (8) and (10). The Motion to Strike is also GRANTED as to requests (3) and (6). The Court is inclined to grant the motion as to requests (3) and (6) without leave to amend unless Plaintiff can make an offer of proof on what other sections of the Education Code except for section 44807 can be alleged to have been violated. If leave is granted, Plaintiff has fifteen days' leave to amend. If no leave to am...

Excerpt: ...efendant met its moving burden to show it is entitled to judgment as a matter of law, and (b) Plaintiff met her shifted burden to raise triable issues of material fact. Of note, the Court's tentative ruling relied partly on the expert declaration of Philip Rosescu. At the hearing, Defendant strenuously argued that the Declaration of Rosescu was objectionable under the recent ruling of Perry v. Bakewell Hawthorne, LLC (2017) 2 Cal.5 th 536, 538. I...

Excerpt: ...or damages arising out of an automobile v. tour van accident. Trial in this case is currently scheduled for 5/14/18; Defendants move to continue the trial date and the related discovery cut‐off. Notably, after Defendants filed this motion, the parties agreed to continue the trial date to 8/06/18. The parties also agreed that Defendants will be able to conduct limited discovery concerning one of Plaintiff's treating physicians, Dr. Pospisil. The...

Excerpt: ...ginally set for trial on 11/20/17. The parties have stipulated twice to continue the trial date, and trial is currently scheduled for 5/02/18. At this time, Defendant moves to continue the trial date for six months, from 5/02/18 to 10/29/18. Of note, all parties to the action agree to the requested continuance. Defendant indicates the reason for the requested continuance is the fact that Defendants' lead trial attorney has taken an unexpected lea...

Excerpt: ...over for their own damages arising out of the accident. The parties disagree concerning who is at fault for the accident. On 2/14/18, Defendants propounded a deposition subpoena for production of business records on Plaintiff's insurance carrier, Access General Insurance Company. The subpoena sought production of Plaintiff's complete insurance file. 2. Motion to Quash or Modify Subpoena Propounded on Farmers Insurance Exchange Plaintiff moves to ...

Excerpt: ...plaint 10/07/15. The Court held an OSC re: proof of service on 5/23/17. Plaintiff indicated she had been unable to locate Defendant, and the Court set an OSC re: dismissal for 9/21/17. Plaintiff failed to appear, and the Court dismissed the case. The minute order contains a proof of service by the clerk on Plaintiff's counsel. 2. Motion to Set Aside Dismissal On 3/09/18, Plaintiff filed the instant motion to set aside the dismissal. Plaintiff arg...

Excerpt: ...aintiff filed proof of service of the summons, complaint, statement of damages, and related documents; the POS indicates Defendant was served on 10/20/16 via substitute service on his office administrator at his place of business. On 10/10/17, the Clerk entered Defendant's default. On 2/07/18, the Court entered a default judgment against Defendant. 2. Motion for Relief At this time, Defendant moves to set aside the default and default judgment en...

Excerpt: ...ossible. Counsel originally scheduled the motion for hearing on 1/24/18. Counsel failed to appear at the hearing, and the Court took the matter off calendar. Counsel re‐filed the motion, setting it for hearing on 2/28/18. Prior to the hearing, the Court issued a tentative ruling as follows: The motion is denied without prejudice. Counsel's declaration indicates Client was served by personal service and also service by mail. The proof of service...

Excerpt: ...cally, Plaintiff alleges she slipped and fell on water while dancing on Defendants' premises. At this time, Elks moves for summary judgment, contending the complaint fails because Plaintiff does not know what she slipped on and cannot establish the existence of a dangerous condition. Plaintiff declares that she felt her foot slip while dancing and fell backwards. Neither Plaintiff nor anyone she was with specifically saw anything wet on the floor...

Excerpt: ...anted. I. Background Facts On June 8, 2016, plaintiff Jessica Robinson (“Plaintiff”) filed a complaint against defendants Central Regional Detention Facility [AKA Lynwood Women's County Jail] (“CRDF”), Los Angeles County Sherriff's Department, County of Los Angeles (“County”), and does 1 to 50 alleging a single cause of action for negligence under Government Code § 945. Plaintiff alleges that on April 26, 2015, the defendants neglige...

Excerpt: ...examination of Plaintiff. The motion is denied for two reasons. First, the motion is denied for the same reason the Court previously denied the ex parte applications: the Court previously found that Defendant knew, no later than November of 2017, about Plaintiff's claim that she needs to have back surgery. See Exhibit A to Plaintiff's opposition, which is the Court's notes concerning the 1/29/18 application, and includes the following language: D...

Excerpt: ...ms a variety of injuries arising out of the accident, and Defendant previously had Plaintiff examined by a neurosurgeon because Plaintiff's treating physician recommended back surgery. At this time, Defendant moves to compel Plaintiff to sit for a second IME, this time with an orthopedic surgeon. Defendant seeks to compel this second examination because Plaintiff also claims ongoing pain to his knee and shoulder, with the possibility of surgery i...

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

Excerpt: ... in Los Angeles County is not proper. The motion to strike is denied for two reasons. First, the proper motion when venue is disputed is a motion to change venue, which is governed by CCP §§396, et seq. Second, pursuant to CCP §395(a), venue is proper where the injury occurred or where defendant resides. The complaint alleges, at ¶2, that Defendant resides in the City of West Covina, which is in the County of Los Angeles. Defendant erroneousl...

Excerpt: ...urt denied the request for a fee waiver. On 11/30/17, the Clerk voided the filing of the complaint. At this time, Plaintiff seeks an order reinstating the case. He indicates that he paid the necessary fees on 12/01/17, and the Clerk cashed the check. Indeed, the Court's file shows receipt of the filing fee on 12/07/17. Plaintiff's attorney declares he neglected to timely send the check such that the Court would receive the check before the case w...

Excerpt: .... On July 17, 2017, the case was remanded to this Court. On October 30, 2017, Plaintiff served a meet and confer letter regarding the instant motion to compel responses. (Nazif Decl. ¶ 4.) On November 1, 2017, Defendant responded that there was no outstanding discovery, because the parties had agreed to re‐serve all discovery from before the removal/remand, and Plaintiff had not done so. (Nazif Decl. ¶ 5.) Although Plaintiff disagreed with th...

Excerpt: ... of acceptance of the offer. Pursuant to CCP § 998(b)(1), “If the offer is accepted, the offer with proof of acceptance shall be filed and the clerk or the judge shall enter judgment accordingly.” However, the parties are also supposed to file with the Court “a written judgment for the court's signature.” (See Weil & Brown, Cal. Pract. Guide: Civ. Proc. Before Trial (Rutter Group 2017) § 12:640; CRC, Rule 3.250(a)(23).) There is no reco...

Excerpt: ..., 2017, Garibay filed a complaint against Bautista. CCP section 1048 states, in relevant part: (a) When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. (b) The court, in furthera...

Excerpt: ...uring that ride, the bus driver suddenly braked and caused the passenger's body to slam into a metal seat rail. Plaintiff alleges injuries to the neck, head, shoulder, ribs, and back. Compl. at ¶¶ 9—12. LEGAL STANDARDS <0048000300560048004600 00030053005500520059[ides that upon the order of the court, an attorney in an action or special proceeding may be changed at any time before or after judgment of final determination upon the application ...

Excerpt: ...she tripped and fell on a sprinkler protruding from property owned by Finale onto a public sidewalk owned by the City of Los Angeles. On November 29, 2017, Plaintiff noticed the deposition of Finale, for January 19, 2018. On January 18, 2018, Finale brought the instant motion to quash and for protective order. Finale argues she is 93 years old, and that a deposition would therefore be unduly burdensome. Finale also argues she is willing to provid...

Excerpt: ...altercation between Plaintiff and Defendant in a parking lot on September 23, 2014. Plaintiff filed a proof of service on March 23, 2017, stating that Plaintiff was served by substitute service on February 20, 2017. The proof of service indicates the complaint and other documents were served on Plaintiff's “gatekeeper,” after some thirty‐two attempts at personal service, and were subsequently mailed to Plaintiff on March 11, 2017. Default w...

Excerpt: ...dant Target Corporation (“Defendant” or “Target”), alleging causes of action for (1) Negligence; (2) Premises Liability; and (3) Loss of Consortium. Plaintiffs allege that, on September 29, 2015, plaintiff Alicia Cruz fell due to a wet floor while shopping at the Target Store on 6705 Cherry Avenue, Long Beach, California 90805. (Compl., ¶ 5‐6.) Plaintiffs allege that Defendant negligently maintained the subject premises. (Id. at ¶ 14....

Excerpt: ... of Trustees of the California State University for damages arising out of a trip and fall over wires connected to a projector system in a classroom. The complaint contains a sole cause of action for dangerous condition of public property against Defendant. Defendant filed a motion for summary judgment on November 22, 2017, arguing there was no dangerous condition on the property because there was no substantial risk of injury when the property w...

Excerpt: ...nt Michael Angelo Catalano (“Defendant”), alleging causes of action for (1) Negligence; and (2) Negligence Per Se. Plaintiff alleges that, on July 23, 2016, Plaintiff and Defendant were traveling westbound along Westchester Parkway. (Compl., ¶¶ 7‐8.) Defendant allegedly initiated a U‐turn midblock and collided with Plaintiff's vehicle. (Id. at ¶ 8.) Defendant moves for leave to amend his Answer to include comparative negligence as an a...

Excerpt: ...ffs shall be pursuant to the new trial date. On July 20, 2017, pursuant to an ex parte application to continue trial, the Court set trial for November 28, 2017, with an FSC set for November 14, 2017, and the discovery cut‐off to be calculated based on the new date. On October 3, 2017, the Court heard and granted another ex parte application to continue trial. The Court set trial for February 7, 2018, with an FSC set for January 26, 2018, and th...

Excerpt: ... inside property owned and managed by Defendants Yong Ok Kim, Bee Investment, Inc., Kenny Chung, Calusaa Park, NextGo Investment, Inc., John Lee, and Joshua Choung. Defendants initially sought to subpoena medical records from Plaintiff's medical providers on November 3, 2017. (Kim Decl., Exh. B.) Plaintiff objected, and sent a meet and confer letter on November 10, 2017, seeking to narrow the scope of the subpoenas. (Quiroga Decl. ¶ 5.) The lett...

Excerpt: ...x filed the instant complaint on August 21, 2017. On October 5, 2017, moving counsel filed an answer on behalf of all three defendants—Tufesa USA, LLC, Autotransportes Tufesa S.A. de C.V., and Arambula Caro. Counsel now seeks leave to file an amended answer omitting Arambula Caro. “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name o...

Excerpt: ... Kearney (“Plaintiff”) filed this action against Defendants Kaiser Foundation Health Plan, Inc. (“KFHP”) and Does 1‐50. The sole cause of action alleged against defendant is for premises liability. Plaintiff alleges that “on or about November 6, 2014 [he] was upon said premises of defendants…at or near 765 W. College Street, Los Angeles, California, and as a proximate result of the negligence of said defendants in constructing, repa...

Excerpt: ...le riding a bicycle on a public road, he was struck by a motor vehicle. Plaintiff alleges the vehicle was driven by Defendant Gilvert Perez Garcia (“Garcia”), as part of his employment with Defendant K‐Town Valet Services (“K‐ Town”), which is in turn alleged to be an employee of Defendant David Lo Pan, LLC, dba Lock & Key – Stall 239 (“Lock & Key”), a bar and restaurant for whom K‐Town was allegedly providing valet services. ...

Excerpt: ...e date of filing on Plaintiffs' complaint corrected nunc pro tunc to reflect that the complaint was filed on October 24, 2017. Plaintiffs Lucas Feruglio and Natalia Montes de Oca were involved in a motor vehicle accident on October 24, 2015. Accordingly, per the statute of limitations, the last day to bring an action was October 24, 2017. On that date, Plaintiffs submitted their complaint and request for fee waiver pursuant to the Court's electro...

Excerpt: ...pany. Their Motion to Confirm Arbitration Award is denied without prejudice. Petitioners originally brought their motion in October 2017. The Court denied the motion without prejudice on January 30, 2018 for (1) failure to attach a copy of the parties' agreement to arbitrate and (2) failure to properly serve the motion upon Respondent. Petitioners refiled on January 31, 2018. An arbitration award is not directly enforceable until it is confirmed ...

Excerpt: ...ntiff Miriam Rafailzadeh brought suit against Defendants City of Los Angeles, County of Los Angeles, and JP Morgan Chase Bank, N.A., on February 08, 2013, alleging she suffered an injury when she slipped and fell on a sidewalk for which some or all Defendants were responsible. Following various continuances, trial was set for March 7, 2018. On February 23, 2018, Defendants City of Los Angeles and JP Morgan Chase Bank, N.A., filed ex parte applica...

Excerpt: ... crash occurred on the 110 freeway in Los Angeles near 9 th Street. Plaintiff Camarena was driving and plaintiff Martinez was in the passenger seat. Defendant Pia Banez was driving directly behind plaintiffs. The car was owned by her father, Edgar Banez. Plaintiff stopped his car because of vehicular traffic ahead. Defendants' vehicle crashed into the back of plaintiff's vehicle. Defendants served two demands for a medical examination of plaintif...

Excerpt: ...on of documents, without objections, within ten days. Plaintiff is ordered to pay sanctions to Defendant, by and through counsel of record, in the amount of $925. Defendants propounded form interrogatories, special interrogatories, and requests for production of documents on Plaintiff on January 24, 2017. Plaintiff, at the time, was represented by Counsel. Counsel for both parties agreed to multiple extensions of the time to respond, ultimately r...

Excerpt: ...il exchange between Plaintiff's and Defendant's respective attorneys, Plaintiff's deadline to respond to these requests was extended to December 8, 2017. (See Defendant's MTC Ex. 2) To date, Plaintiff has not served responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Defendant's motion is unopposed. Defendant's unopposed motion to compel is granted. ...

Excerpt: ...Bernard Sakmar and Madeline Sakmar (collectively “Defendants”), alleging causes of action for (1) Strict Liability (Civil Code § 3342); (2) Strict Liability (Common Law); and (3) Negligence. Plaintiff alleges the following: On May 27, 2017, Plaintiff was walking on the street where Defendants reside and was viciously attacked by Defendants' dog. (Compl., ¶ 8.) Plaintiff suffered severe injuries that required medical treatment and other prof...

Excerpt: ...motion is summarily denied without prejudice. Plaintiff's counsel represents plaintiff sent a check for plaintiff's first filing fee to the court on December 21, 2017, but fails to attach a copy of same or attach any other proof of payment. Plaintiff's counsel's statements “[p]laintiff sent the check to the Court on December 21, 2017 and apparently it was not received” and that “[p]laintiff believes a filing error and mailing delay may have...

Excerpt: ... E‐Cigarette exploded in his pocket. (Compl. ¶ 16.) Plaintiff alleges that the lithium ion battery spontaneously caught fire. (Id.) On December 6, 2017, Plaintiff Adrian Esquivias filed a complaint against Defendant Vape Empire, LLC, the seller of the E‐Cigarette, alleging three causes of action for (1) strict products liability; (2) negligence; and (3) breach of warranty. On January 25, Defendant Vape Empire LLC filed the instant motion to ...

Excerpt: ...ess, Inc. (“Express”) by Defendant AC‐ Catalina Landing, LLC (“Landing”) (collectively “Defendants”). The second amended complaint alleges that Landing owns the premises where Plaintiff was injured and Express operates its business there under a Lease from Landing such that its passengers are required to cross a bike path designated by the City of Long Beach in order to board its ships and allows passengers to congregate along or oc...

Excerpt: ...ainst 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. The FAC alleges the following: 1) on April 23, 2015, Doe 1, an employee of Western, while in the scope of his employment, negligently operated a vehicle owned by Western and rear ended Plaintiffs' vehicle. (FAC p. 4 M...