Excerpt: ...ns which was filed 12/21/17. The Court continued the hearing to 3/22/18 to permit the parties to brief the issue of Defendant's appearance or non-appearance at deposition. Prior to the 3/22/18 hearing, the Court issued a tentative ruling granting the motion for sanctions. However, on the date of the hearing, Defendant came to Court and argued the entire case was stayed. The Court continued the hearing for briefing on the issue of whether the case...

Excerpt: ...aintiff has not served responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Plaintiff, through Counsel, opposes the motions. Counsel declares, “I was unable to respond because I lost all contact with my client, Paul Cross. The last time that I was in contact with the plaintiff was towards the end of 2017. At that time, Mr. Cross had moved to a nursi...

Excerpt: ...xpert information, but Plaintiff failed to do so. At this time, Plaintiff moves for leave to submit tardy expert designations, contending his failure to submit a timely designation was the result of his attorney's mistake and/or excusable neglect. Plaintiff's motion was set on shortened time at a 6/01/18 ex parte hearing. Trial is currently scheduled for 6/27/18. 2. Law Governing Tardy Expert Designation If a party fails to timely designate its e...

Excerpt: ...int on 7/11/16, and the matter was originally set for trial on 1/11/18. The parties stipulated to continue the trial date to 5/08/18. On 3/27/18, the Court was scheduled to hear Defendant's motion to continue the trial date for approximately four months, from 5/08/18 to 9/11/18. Prior to the hearing, the Court issued a tentative ruling that provided, in pertinent part: Of note, all parties to the action agree to the requested continuance. Defenda...

Excerpt: ...aintiff alleges Jogani was negligent in failing to inform her primary care physician, Shirazi, of the results of her colonoscopy; she alleges this failure resulted in her condition going untreated and ultimately becoming cancerous. 2. Motion for Summary Judgment a. Moving Burden At this time, Dr. Jogani moves for summary judgment on the complaint against him. He contends his care and treatment of Plaintiff complied with the standard of care at al...

Excerpt: ...s not, to date, filed proof of service of the summons and complaint. The case was scheduled for an FSC on 8/22/17 and trial on 9/08/17. Plaintiff did not appear at the FSC or the trial, and on 9/08/17, the Court dismissed the case. 2. Prior Motion to Set Aside Dismissal The Court was previously scheduled to hear Plaintiff's motion to set aside dismissal on 4/24/18. Prior to the hearing, the Court issued the following tentative ruling: On 3/26/18,...

Excerpt: ...ents) propounded by Defendant on one of the two plaintiffs. Defendant propounded the subject discovery on Plaintiffs on 2/07/18. To date, despite an attempt to meet and confer, Plaintiffs have 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 int...

Excerpt: ... injury sustained when a Genie lift pinned him against a large truss. Plaintiff alleges he was working in the course and scope of his employment with Global Experience Specialists, Inc. (“GES”) when he was injured. On 2/19/18 GPJ filed a cross-complaint against GES for indemnification and related claims. GPJ and GES attempted to meet and confer. On 5/14/18 GES filed the instant motion for judgment on the pleadings on GPJ's cross-complaint. 2....

Excerpt: ...f is granted twenty days' leave to amend the first cause of action to include allegations of negligence per se. I. Background Facts On November 15, 2017, plaintiff Julio Pineda (“Plaintiff”), filed a complaint against defendants Harbor Distributing LLC, Harbor Distributing Co., Allied Beverage, Allied Reyes Holdings LLC, Reyes Beverage Group, Gabriel Duran and Does 1 to 50 alleging (1) motor vehicle negligence, negligent entrustment, negligen...

Excerpt: ...laintiff alleges Decedent passed away on 5/16/17, but she did not learn his cause of death until 12/11/17. She presented a claim and application for leave to file a late claim to Defendants on 5/09/18. Plaintiff filed a complaint for damages against Defendants on 5/14/18. She then filed this petition for relief from claims requirement on 5/15/18, contending she seeks relief in an abundance of caution due to the upcoming one-year statute of limita...

Excerpt: ...intiff”), filed a complaint against defendants Sean Xia M.D., (“Xia”), Pacific Alliance Medical Center (“Pacific”) and Does 1 to 100 alleging a cause of action for medical malpractice. On April 17, 2018, Plaintiff filed a first amended complaint (“FAC”). The FAC alleges that on March 24, 2017, the defendants negligently provided medical care and treatment to Plaintiff thereby causing Plaintiff injury. (FAC ¶ 19-20.) The negligent m...

Excerpt: ...mitations bar. I. Background On March 23, 2018, plaintiff Robertson's Transport LTD (“Plaintiff”) filed this action against Cirilo Molina Rodriguez (“Rodriguez”), Mejia Auto Transport Inc (“Meija”) and Does 1 through 20 alleging a cause of action for negligence. The complaint alleges that on March 21, 2015, the defendants negligently and carelessly owned and operated a motor vehicle and caused a collision with Plaintiff's vehicle ther...

Excerpt: ...ants Armen Movsesyan dba Monroe Salon Inc and Does 1 to 50 alleging a cause of action for general negligence. Plaintiff alleges that on March 17, 2017, the defendants' agent negligently provided an eyebrow tattoo service to Plaintiff at the defendants' salon thereby causing Plaintiff injury. (Complaint p.4 GN-1.) On May 9, 2018, Armen Movsesyan dba Monroe Salon Inc (“Demurring Party”) filed a demurrer and an answer. Plaintiff failed to file a...

Excerpt: ...tiff was employed by non-party, Mighty Trucking at the time of the incident. Plaintiff alleges he was assigned, during his employment, to make a delivery to KLM, which was a tenant on Menzies' property. In order to make the delivery, he alleged he was required, by Menzies, to open a large and defective door. The door collapsed, causing him to sustain injuries. Plaintiff made a workers' compensation claim as a result of his injuries, and BC651970 ...

Excerpt: ...ime, Plaintiff seeks an order continuing the hearing on the summary judgment motion pursuant to CCP §437c(h). Plaintiff contends a continuance is necessary because a non-party witness, Juan Arias, has been located, but he has not yet been deposed. Plaintiff contends Arias will testify that he told a cashier about the soapy film on the floor where Plaintiff fell prior to her fall. Because Defendant's motion is made on the grounds of lack of actua...

Excerpt: ...reatment of Plaintiff's husband. Plaintiff filed the action, in pro per, on 12/02/16. Defendant filed his answer on 2/03/17. There was no law and motion practice and no activity in the case between the filing of the answer and 4/16/18, when Plaintiff filed a substitution of attorney naming Any Moskovian, her daughter, as her attorney of record. Plaintiff, through her new attorney, twice sought ex parte orders continuing the trial date and related...

Excerpt: ...or vehicular manslaughter in connection with the incident that gives rise to this wrongful death action. 2. Motion for Stay of Proceedings At this time, Defendant moves to stay the proceedings herein, contending she cannot meaningfully participate in discovery without implicating her fifth amendment privilege. Plaintiffs oppose the motion, arguing a blanket stay is not appropriate and objections should be raised and considered on a question by qu...

Excerpt: ... seeks an order continuing the trial date and the related discovery cut‐off date. Defendant argues the relief at issue is necessary because:  Defendant has been unable to obtain Plaintiff's medical records from the Los Angeles Air Force Base Clinic;  Defendant has been unable to complete Plaintiff's IME;  Plaintiff recently revealed that she has been treated with additional medical providers, and Defendant needs time to review these ne...

Excerpt: ...clares he served the moving papers on his client via mail at an address that has been confirmed by certified mail and Defendant's website. Counsel filed proof of service on Plaintiff, Vernon Hawthorne and Co‐Defendant, Vons. Counsel failed, however, to file proof of service on Client. The motions is therefore denied without prejudice. The Court notes that Counsel failed to fill in portions of the judicial council mandatory declaration form. Spe...

Excerpt: ...changed expert designations at that time. Plaintiff moves to amend her expert designation on the ground that she recently changed insurance companies, and with the change in insurance company, she commenced seeing new treating physicians. Specifically, she contends she is seeing a new primary care doctor (Robert Hosseini) and a new neurologist (Jeffrey Kim). She seeks leave to add these two new treating physicians to her list of non‐retained ex...

Excerpt: ...t. Plaintiff filed his complaint on 10/03/16, and the matter was originally set for trial on 4/02/18. The parties agreed to continue the trial date by stipulation, and trial is currently scheduled for 6/04/18. At this time, the parties jointly move to continue the trial date for approximately three months, from 6/04/18 to 9/11/18. The parties establish that Plaintiff has ongoing medical treatment for the injury at issue in this case, and the fina...

Excerpt: ...tained emotional and mental damages as a result. . 2. Motion to Compel CCP §2032.310(a) requires a party who wishes to conduct a mental health examination to obtain leave of court prior to doing so. The noticed motion must show good cause for the examination. Plaintiff concedes, in opposition to the motion, that a mental examination is proper. Plaintiff argues, however, that Defendant's expert should be precluded from two distinct lines of quest...

Excerpt: ...unded RPDs on Defendant, and despite the parties' meet and confer efforts, including an informal discovery conference, the parties have been unable to resolve the issue of whether Defendant's responses to RPDs 3 and 4 are sufficient. RPDs 3 and 4 seek: REQUEST FOR PRODUCTION OF DOCUMENTS NO.3: All photographs of this propounding Plaintiff taken at any time. REQUEST FOR PRODUCTION OF DOCUMENTS NO.4: All video of this propounding Plaintiff taken at...

Excerpt: ...ions, within ten days. The Court also imposed monetary sanctions. On 4/12/18, Defendant filed this motion to dismiss, contending Plaintiff had not complied with the prior order, and terminating sanctions are appropriate at this time. On 4/30/18, Plaintiff filed and served an untimely opposition to the motion. Plaintiff argues terminating sanctions should not be imposed because (a) Plaintiff's attorney's office experienced staffing issues and fail...

Excerpt: ...negligent in connection with Decedent's gastrointestinal bleed and drop in hemoglobin levels. At this time, Dr. Jameel Hourani, D.O. moves for summary judgment, contending he complied with the standard of care at all times, and nothing he did caused or contributed to Decedent's death. Dr. Hourani was the pulmonologist in connection with Decedent's care and treatment. Defendant supports his motion with the expert declaration of Andrew Wachtel, M.D...