Excerpt: .... This is not proper; CCP §1005(c) requires opposition documents to be served in a manner calculated to ensure delivery by the next business day. On 3/21/18, Defendant filed a notice of non‐opposition to the motion, wherein it indicates it did not receive any opposition to its motion. Defendant has not filed a substantive reply to the opposition. The Court wishes to read and consider the opposition, despite the fact that it was not properly se...

Excerpt: ...is inclined to SUSTAIN the demurrer as to LAC+USC Medical Center without leave to amend unless Plaintiff can make an offer of proof at the hearing on how the complaint can be amended to state a claim against LAC+USC Medical Center. If no leave is granted, County of Los Angeles is ordered to file an answer within ten days of this order. I. Background Facts On March 9, 2017, plaintiff Lorenzo Jones (“Plaintiff”) filed a complaint against defend...

Excerpt: ...ther Responses a. History of Discovery Dispute Defendants propounded special interrogatories on Plaintiff on 8/29/17. Plaintiff served responses, which resulted in meet and confer efforts, including an informal discovery conference. The parties were able to resolve numerous issues, but issues concerning interrogatories 50 and 51 remain unresolved. b. Merits Interrogatories 50 and 51 seek identification of Plaintiff's primary care physician for th...

Excerpt: ...lly, Plaintiff alleges: Defendants, by and through their agents and/or employees, carelessly, negligently, and with malfeasance, created a dangerous condition by placing a cart leaning on the wall at Defendant's premises, which was open to the public, in a manner that caused the cart to fall and hit Plaintiff ‐ an infant ‐ in the face, causing serious injury. At this time, Defendant moves to reclassify this case as a limited jurisdiction case...

Excerpt: ...‐complaint against Tigers Youth Club for indemnification and related claims; the cross‐ complaint alleges the parties had a formal agreement pursuant to which Tigers Youth Club was obligated to provide an insurance policy and indemnify the District for any injuries sustained during games. Plaintiff filed her complaint on 6/03/15, and the matter was originally set for trial on 12/05/16. The trial date has been continued four times, and trial i...

Excerpt: ... complaint 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. At this time, Defendant moves to continue the trial date for approximately four months, from 5/08/18 to 9/11/18. Of note, all parties to the action agree to the requested continuance. Defendant establishes that the parties have a mediation scheduled on 7/18/18, the first mutually agreeable date for mediation...

Excerpt: ...et for trial on 10/02/17. The parties have continued the trial date twice, and it is now set for 4/02/18. At this time, Defendant moves to continue the trial date for approximately three months, from 4/02/18 to early July of 2018. Of note, all parties to the action have stipulated to the requested continuance. Defendant establishes that Plaintiff recently had surgery on her knee (for injuries claimed to be a result of the accident), and therefore...

Excerpt: ...intiff Gagik Asatryan was at Defendant Vladimir Manasian's home, located at 1725 Ridgeway Drive, Glendale, CA 91202, on February 22, 2014. As Plaintiff was stepping down from Defendant's ladder, he fell and injured his right ankle, resulting in a compound fracture. Plaintiff further alleges that the ladder was faulty. 2. Motion for Summary Judgment Defendant moves for summary judgment on the complaint, contending (a) the ladder was not da...

Excerpt: ...truction Group, Inc. to recover workers' compensation benefits paid to its insured's employee, Jose Luis Guzman, in connection with a workplace injury. At this time, Guzman seeks leave to file a complaint‐in‐intervention against the same defendants. Labor Code §§3852 and 3853 make clear that an employer against whom a claim for worker's compensation damages was made may join in an action against a third party arising out of the incident for...

Excerpt: ...as to the Second Cause of Action for Intentional Infliction of Emotional Distress. The Motion to Strike by Diana Pourmoradi is GRANTED in entirety. Plaintiff is granted fifteen days' leave to amend. I. Background Facts On July 7, 2017, plaintiff Keyvan Shahrouz (“Plaintiff”), filed a complaint against defendants Diana Pourmoradi (“Pourmoradi”) and Does 1 to 100 alleging causes of action for (1) motor vehicle negligence, (2) intentional in...

Excerpt: ... Holding Co. is a suspended corporation and therefore cannot file an answer in this case. Its insurance company, United Specialty Insurance Company, seeks leave to file a demurrer and answer‐in‐intervention on its behalf. 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 to Kaufman & Broad Communities, Inc. v. Performance Plastering, ...

Excerpt: ...tiff filed a proof of service of the summons and complaint. The proof of service shows Plaintiff served Defendant, Guzmen via substitute service on 8/12/17. On 10/11/17, the Clerk entered Guzman's default. To date, Plaintiff has not filed proof of service of the summons and complaint on Valdez. To date, no default judgment has been entered. 2. Motion for Leave to Intervene At this time, Coast National Insurance Company moves for leave to interven...

Excerpt: ...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 homeless, works as a d...

Excerpt: ...levard Nightlife Group, LLC, and Freddy Braidy for damages arising out of an assault and battery on Plaintiff by a patron of Defendants' nightclub. Plaintiff filed his complaint on 6/27/13. Plaintiff named Doe 1, Gordon California Properties, LLC on 10/01/13. On 1/30/18, Doe 1, Gordon, filed the instant motion to dismiss. It moves to dismiss the complaint pursuant to CCP §§583.410 and 583.420, which collectively permit the Court to dismiss an a...

Excerpt: ...laint on 1/06/17. Plaintiff filed proof of service of the summons and complaint on 3/22/17, showing service on Defendant, Hristo Enriquez via substituted service. The POS shows Defendant was served on 2/03/17 with the papers mailed on 3/13/17. On 7/12/17, Plaintiff filed a proof of service of a Statement of Damages on Defendant, Hristo Enriquez. The POS shows the Statement of Damages was served via personal service on 7/09/17. On 8/24/17, at Plai...

Excerpt: ...ntiffs filed this action on 6/19/17. On 11/29/17, Plaintiff filed proof of service of the summons and complaint on Defendant, Dan Aronow, M.D. The POS indicates Defendant was served via personal service at 9808 Venice Blvd. in Culver City. Motion to Quash At this time, specially appearing Defendant Aronow moves to quash service of the summons and complaint, contending he was not at 9808 Venice Blvd. on the date and time when he was purportedly se...

Excerpt: ...hes that he is licensed in the States of Colorado and Nevada, is in good standing, does not regularly work or live in CA, and has an associated CA attorney, Aaron S. Motschenbacher associated as counsel in the case, of his declaration fails to fully satis$r the requirements of CRC requires an attorney seeking admission pro hac vice to list each and every case in which he has appeared in the past Ävo years. Counsel declares he appeared in one spe...

Excerpt: ...jections, to the outstanding discovery and to pay sanctions. Defendants' motions are granted. Plaintiffs are ordered to serve verified responses to form 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). Defendants seek sanctions in the amount of $660/motion – two hours to prepare each motion and two hours to appear at the hearing, all a...

Excerpt: ...ders; at this time, Defendants seek an order imposing terminating sanctions. Of note, Defendants have filed three motions for terminating sanctions, one relating to each failure to comply with the 11/16/17 order. 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 approp...

Excerpt: ...stain the demurrer without leave to amend unless Plaintiff can make an offer of proof at the hearing on how the premises liability claim can be amended to sufficiently state a claim. In the case that leave is granted, Plaintiff has fifteen days' leave to amend, otherwise, Bank of America Corporation is ordered to file an answer within ten days of this order. I. Background Facts On December 4, 2017, plaintiffs Sevag Salibian, Sevan Salibian, Haig ...

Excerpt: ...es Bar: Nightclub and Happy Hour, Bogies at the Westlake Village Inn, Westlake Village LLC and Does 1 to 50 alleging causes of action for (1) general negligence, (2) premises liability, (3) negligent infliction of emotional distress and (4) negligent hiring/retention/supervision. The complaint alleges that on January 1, 2016, Plaintiff was injured due to the defendants' negligence and carelessness. (Complaint p.4‐7.) On February 14, 2018, Westl...

Excerpt: ...ded with an unsecured gate on Defendant's premises. At this time, Hotel seeks leave to file a cross‐complaint against the adjacent Crystal Casino (“Casino”), Plaintiff's employer, for indemnification and related claims. Hotel contends Casino is at fault, in whole or in part, for the subject incident, and must indemnify Hotel to the extent it is found liable for Plainitff's damages. A cross‐complaint against any of the parties who filed th...

Excerpt: ...aint on 3/23/17, and Defendants filed their answer on 4/21/17. 2. Motion for Leave to File Cross‐Complaint At this time, Defendant, Yizthak Aboukrat moves for leave to file a cross‐complaint against Plaintiff for assault and battery arising out of the same incident that forms the basis of the complaint. Plaintiff opposes the motion, arguing (a) the motion is not made in good faith, and (b) the motion was not timely or properly served on Plain...

Excerpt: ...irst, Plaintiff alleges Nomoto was negligent in allowing a physician's assistant to remove a medical drain from his back; second, Plaintiff alleges Nomoto was negligent in connection with a subsequent surgery, which surgery he alleges caused him to sustain a “frozen shoulder.” At this time, Nomoto moves for summary judgment, contending he complied with the standard of care at all times, and nothing he did caused or contributed to Plaintiff's ...

Excerpt: ...s relating to the matter are undisputed, and are as follows: Decedent had been Dr. Lew's patient for more than twenty years. Decedent became a resident at Co‐Defendants' facility on 3/03/15. On 3/09/15, at 8:30 a.m., she fell. On 3/10/15, at 8:45 p.m., she began to have diarrhea and was given Immodium. On 3/10/15, at 10:50 p.m., she was found unresponsive and was transferred to the ER. She had a do not resuscitate order, and died a few days lat...

Excerpt: .../01/18. 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 limits of section 437c. (Wells Fargo ...

Excerpt: ...S. 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, 12...

Excerpt: ...ty and negligence against Domino Realty Management Co., Inc., the entity that owned the adjacent property. Domino filed an answer to the complaint and simultaneously filed a cross‐ complaint against its sole tenant on the property, Veolia Energy Los Angeles, Inc. The cross‐complaint contains three causes of action for indemnification and a cause of action for declaratory relief. On 5/11/17, the attorney for the City of Los Angeles filed a Req...

Excerpt: ...ged as a result of Defendants' negligence. Plaintiffs, Evelyn and Claire allege they suffered emotional distress as a result of witnessing the damage to Shane. Procedural History On September 27, 2017, Defendant, Torrance Memorial Physician Network (“TMPN”) filed a motion for summary judgment or adjudication, setting it for hearing on December 15, 2017. In its reply, TMPN indicated it was withdrawing its motion for summary judgment, and would...

Excerpt: ...ts Los Angeles County Metropolitan Transportation Authority (“Metro”) and Cassandra Scott‐Carl Warren & Company TPA for Metro (“Scott”), alleging causes of action for motor vehicle and general negligence. On December 26, 2017, Metro demurred to the Complaint on the grounds that it failed to state facts sufficient to constitute a cause of action, is uncertain, and improperly named Scott, a private third party as a defendant in this actio...

Excerpt: ...ng out of a dog bite that occurred at a property owned by moving Defendant. Moving Defendant was added to the complaint via amendment on October 3, 2017. Trial is scheduled for August 21, 2018. 2. Motion for Leave to File Cross‐Complaint Defendant Lenmar Beverly Glenn moves for leave to file a cross‐complaint against Defendant Alexander Katzman, alleging causes of action for indemnity, implied indemnity, total equitable indemnity, comparative...

Excerpt: ...date, despite an attempt to meet and confer and an extension, Plaintiff has not served responses. (Id. ¶ 5‐8.) Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Plaintiff failed to oppose this motion. Defendant's motion is granted. Plaintiff is ordered to serve verified responses to form interrogatories, special interrogatories, and two sets of Demands for...

Excerpt: ... for Production of Business Records against Aetna Health and Life Insurance Company is GRANTED. The Motion of Defendant Mrs. Gooch's Natural Food Markets, Inc. dba Whole Foods Market to Compel Compliance with Deposition Subpoena for Production of Business Records against Providence St. Joseph Center is DENIED. BACKGROUND FACTS On March 17, 2017, plaintiff Tina Louise Gonzales (“Plaintiff”) filed a Complaint against Mrs. Gooch's Natural Food M...

Excerpt: ...Reseda Park, L.P., and G&K Management Co., alleging they were responsible for a dangerous condition in her apartment. Plaintiff allegedly tripped and fell due to a nail sticking out of a transition strip on the floor separating her entryway from her living room. Plaintiff brought suit for premises liability and negligence. Defendants filed a motion for summary judgment on July 20, 2017, arguing (1) the defective condition was trivial, and (2) the...

Excerpt: ...luntarily produce their out‐of‐state medical records. Plaintiffs have not responded to Defendant's request. Accordingly, Defendant has filed two motions, one for each plaintiff, each requesting that the Court commission Albert Hollan as commissioner in Texas for purposes of issuing deposition subpoenas in Texas to obtain the medical records. Pursuant to CCP § 2026.010(f): On request, the clerk of the court shall issue a commission authorizin...

Excerpt: ...is action against Defendant, Noe Jacobo‐Jacobo for damages arising out of an automobile accident. Plaintiff sustained soft tissue injuries to his neck and back, and was prescribed pain medication. Plaintiff has recovered completely from the effects of the injuries. Plaintiff, by and through his GAL Mona Ibrahim and attorney Andrew L. Treger, has agreed to settle his action with Defendant for the total amount of $8,000. If approved, $3,545.11 wi...

Excerpt: ...ted. “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect…Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is...

Excerpt: ...ay 18, 2017. Plaintiff did not file a timely response to these discovery requests. On November 21, 2017 the court ordered Plaintiff to respond to the discovery requests and imposed monetary sanctions of $620.00. Plaintiff did not timely comply with this order and did not pay the sanctions. Defendant now moves for terminating sanctions. Plaintiff has not filed an opposition. Pursuant to Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 776, the Court sh...

Excerpt: ...uth County Facility is granted. Plaintiff is ordered to appear for deposition at the Los Angeles County Sheriff's Department, South County Pitchess Facility located at 29330 The Old Road, in Castaic, California, on Wednesday, 3/21/18 at 10:00 a.m. or another date agreed to by the parties. Defendants noticed Plaintiff's deposition for 12/21/17 and again for 1/31/18, both of which did not proceed due to Plaintiff's inability to appear at the design...

Excerpt: ...rved responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Defendant's motions are granted. Plaintiff 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). Sanctions are mandatory. §§2030.290(c), 2031.300(c). Defendant seeks san...

Excerpt: .... Plaintiff Deir Andrade brought suit on September 18, 2015. On June 07, 2017, Defendants Safeway, Inc., and Vons Division Pavilions filed a motion to have requests for admissions deemed admitted. On August 1, 2017, the Court granted the motion. On September 27, 2017, in large part based on the admissions, Defendants moved for judgment on the pleadings. The motion originally came on for hearing on November 30, 2017, but was continued to Plaintiff...

Excerpt: ...ss. Plaintiff brought suit on January 19, 2016, against Defendants Commercial Display Systems, LLC (“CDS”); Nolatron; and Emerson, alleging causes of action for personal injury negligence and products liability. On March 03, 2017, Lumbermen's Underwriting Alliance (“LUA”) filed a notice of lien, asserting it had provided Plaintiff $109,874.92 in worker's compensation benefits to Plaintiff, and was therefore entitled to recover that amount...

Excerpt: ... is GRANTED. Plaintiff Margaret Flanagan Stillwell filed this medical malpractice action due to injuries sustained in April 2014. Plaintiff alleges that Gregg R. Sobeck, M.D., and Coury Clemens, PA, negligently performed a knee replacement surgery, such that she needed a second knee replacement surgery immediately after the first one was completed. (Compl. ¶¶ 8‐10.) On these grounds, Plaintiff alleges a single cause of action for medical malp...

Excerpt: ...ndants' request for sanctions is granted in the amount of $844. Plaintiff and her attorney of record, jointly and severally, are ordered to pay sanctions to Defendants, by and through counsel of record, in the amount of $844, within twenty days. Defendants propounded special interrogatories, form interrogatories, and RPDs on Plaintiff on November 16, 2017. To date, despite two meet and confer attempts, Plaintiff has not served responses. Defendan...

Excerpt: ...l the depositions of Defendants Yonung Sook and June Oh. Plaintiff argues the depositions for both defendants were properly noticed for December 15, 2017. After approximately thirty minutes, June Oh and counsel walked up and left the deposition. (Cabrera Decl. ¶ 2.) That afternoon, Yonung Sook and counsel never appeared for deposition. (Cabrera Decl. ¶ 2.) Accordingly, Plaintiff now moves to compel these depositions. On February 22, 2018, Defen...

Excerpt: ...0, 2018. Defendant represents in her motion papers and a concurrently filed declaration that Plaintiffs agree to a three‐month continuance of the trial and all related dates. The Court notes that this matter was first set for trial on August 16, 2017 but continued by ex parte application to January 23, 2018, then by stipulation to March 20, 2018. Pursuant to the Los Angeles Superior Court's Sixth Amended General Order re Personal Injury Court P...

Excerpt: ...eserved June 7, 2018. Defendant Great Coasters International August 8, 2018. Defendants seek an order continuing the trial date until after the motion for summary judgment hearing date. Trial has been continued twice. First, this court previously extended trial in an order dated August 30, 2017. We moved trial from November 28, 2017, to January 29, 2018. The Final Status Conference was moved from November 14, 2017, to January 17, 2018. Second, it...

Excerpt: ...h Golestani (“Plaintiff”) has brought the present action based on an alleged motor vehicle accident in which Plaintiff was passenger in an Access Services van driven by Mario Andalon. Plaintiffs' Complaint alleges causes of action for motor vehicle and general negligence. Defendant Access Services moves for summary judgment, or in the alternative, summary adjudication on the grounds that Plaintiff may not pursue her claims because she entered...

Excerpt: ... Angeles and Los Angeles Police Department is GRANTED. I. INTRODUCTION On January 6, 2017, Plaintiffs Dorothy Toy, Aquilla Toy, Dalliss Toy, Devion Toy, Tatianna Toy, Whitney Toy, Taj Mathis, and Ashlee English (collectively, “Plaintiffs”) filed this action against Defendant City of Los Angeles (“City”), Los Angeles Police Department (“LAPD”), and Oscar Armando Chavez (“Chavez”) for a December 28, 2015 vehicle collision that cause...

Excerpt: ...Plaintiff filed this action on 12/13/16 and has not, to date, filed proof of service of the summons and complaint. On 7/03/17, Defendant filed an answer to the action. At this time, Defendant seeks leave to file a cross‐complaint against Plaintiff's employer at the time of the accident, Golden State Boring & Pipe Jacking, Inc. Defendant contends it and Golden State had an express indemnification agreement that obligates Golden State to indemnif...