Excerpt: ...dent. Plaintiff passed away subsequent to filing the lawsuit, and the Lee Family Trust has been substituted into the action as the sole plaintiff at this time. On 2/02/18 and 2/05/18, Gevorkyan propounded form interrogatories, special interrogatories, and RPDs on Plaintiff via mail. Plaintiff's attorney declares he did not realize the discovery had been propounded until 3/22/18, and this was because a new attorney in the office had mislaid the di...

Excerpt: ... The case was dismissed when Plaintiff failed to appear at the FSC and trial; at this time, Plaintiff moves to set aside the dismissal. The basic facts concerning the dismissal are not in dispute, and are set forth in the four declarations filed with the moving papers. Plaintiff's husband is an attorney, and he practices federal intellectual property law. When Plaintiff was injured, he recommended she retain Ronny Sendukas. She and Sendukas talke...

Excerpt: ... testified at deposition that she received treatment from Community Hospital for mental distress, anxiety, and/or depression, which she attributes to her fall. 2. Motion to Compel On 8/31/17, Defendant served a deposition subpoena for production of medical records on Community Hospital. The subpoena sought production of all medical records. Neither Plaintiff nor the Hospital served formal objections, but the Hospital instructed its legal service ...

Excerpt: ...rt orders that the bifurcation 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. Defendant may direct the trial court to this o...

Excerpt: ...ogatories and motions to compel Plaintiff, David Cruz to respond to form interrogatories and RPDs. The Court also granted Defendant, Rose Angel Candia's motions to compel Plaintiffs, Gladys Esperanza Cruz and David Cruz to respond to form interrogatories, special interrogatories, and RPDs. The Court also imposed monetary sanctions. To date, Plaintiffs have not complied with the Court's 4/05/18 order; at this time, Defendant, Antonio Saucedo Espin...

Excerpt: ...ctice. The complaint alleges that on 5/8/15 Plaintiff was admitted to Cedars and underwent a back surgery in which a drainage tube was inserted in his lower back and under his right arm. Par. 29. Plaintiff alleges he awoke to severe pain in the surgical area and in his right shoulder. Par. 30. On 5/12/15, a doctor tried to remove the drain tube and could not. The doctor told Plaintiff it was stuck and Plaintiff was rushed to surgery to have it re...

Excerpt: ...to, and/or evidencing your loss of earning and/or capacity in connection with the incident.” On 11/30/17, Plaintiff served responses to the RPDs. In response to item # 2, Plaintiff indicated an intention to produce all non-privileged documents in his possession, custody, or control. Defendants contend that, to date, Plaintiff has not produced any documents in connection with item # 2. They therefore seek an order compelling him to do so; they a...

Excerpt: .../28/15. On 4/12/17, she filed proof of service on each defendant. The POS on the City showed the City was served by personal service on the city clerk on 3/16/17. On 4/21/17, the County filed its answer. On 11/28/17, Plaintiff and the County entered into a stipulation to dismiss the County. The same day, Plaintiff filed a request for dismissal of the County. On 1/31/18, the City filed its answer to the complaint. On the same day, it filed a cross...

Excerpt: ...n the incident. Madera was involved in the incident while in the course and scope of his employment with UPS, and Plaintiff provided workers' compensation coverage to UPS that covered the incident. At this time, Madera moves for leave to intervene. Labor Code §3853 makes clear that intervention is mandatory when an employee seeks leave to intervene in an action involving his employer in connection with recovery of workers' compensation benefits....

Excerpt: ...ogatories and motions to compel Plaintiff, David Cruz to respond to form interrogatories and RPDs. The Court also granted Defendant, Rose Angel Candia's motions to compel Plaintiffs, Gladys Esperanza Cruz and David Cruz to respond to form interrogatories, special interrogatories, and RPDs. The Court also imposed monetary sanctions. To date, Plaintiffs have not complied with the Court's 4/05/18 order; at this time, Defendant, Rose Angel Candia see...

Excerpt: ...red injuries to her neck and back, as well as “other physical symptoms,” as a result of the accident. 2. Deposition Subpoenas Defendant, Downtown LA Motors, propounded deposition subpoenas for production of medical records on Plaintiff's medical providers, UCLA Medical Center, Santa Monica Hospital/UCLA Hospital, One Medical, and UCLA Health System. The parties met and conferred, and Plaintiff produced redacted records that omitted her OBGYN ...

Excerpt: ...espect to service of the documents. To date, despite multiple meet and confer attempts, Plaintiff has not served responses; at this time, Defendant moves to compel responses and for payment of sanctions. Plaintiff, by and through Counsel, filed opposition to the motion on 5/10/18, essentially arguing that Counsel cannot locate Plaintiff and that Plaintiff therefore cannot provide meaningful responses. Plaintiff also argues Counsel should not be s...

Excerpt: ...ved 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, only one filing fee was paid for the motion to compel, which actually consists of three motions. Defendant is ordered to pay two additional fees and bring proof of payment to court on the day of hearing. If the additional fees are ...

Excerpt: ...ash “Defendant's subpoenas” and Plaintiffs also seek a protective order prohibiting Defendant from issuing additional subpoenas. Plaintiffs seek the order on the ground that the “subpoenas were issued after the discovery cut-off” and “Dr. Zackler is Plaintiff's retained expert in this matter.” The motion is denied on the following grounds: 1. The notice of motion does not specify the relief sought, i.e. which subpoenas are sought to b...

Excerpt: ... Cengage had a workers' compensation policy with Federal Insurance Company. Plaintiff made a workers' compensation claim, which FIC paid. FIC moves to intervene in the litigation at this time. 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 which the worker's compensation payment was made. §3850(b) ...

Excerpt: ...s, within ten days. The Court also imposed monetary sanctions. On 4/04/18, Defendant filed this motion to dismiss, contending Plaintiff had not complied with the prior order, and terminating sanctions are appropriate at this time. On 4/24/18, Plaintiff timely filed and served opposition to the motion. Plaintiff argues terminating sanctions should not be imposed because (a) Plaintiff's attorney's office experienced issues with the internal mail re...

Excerpt: ...ntiff is granted leave to amend the first cause of action to include allegations of Negligence Per Se. The Motion to Strike is GRANTED in entirety. Leave to amend the prayer for punitive damages will only be granted if Plaintiff can make an offer of proof at the hearing on how the pleading can be amended to warrant punitive damages. I. Background Facts On October 17, 2017, Plaintiff Brooke Kelsberg (“Plaintiff”) filed a complaint against defe...

Excerpt: ... by Luca Tseng Chao, and there were two passengers in his car, Akan Abassi Ubia and Derrick Mason. The Mason brothers, Laron and Derrick, filed BC612767 against Burries, contending she was liable for the accident and caused them injuries. Ubia subsequently filed BC667194 against Mason, and later adding Burries and Chao as doe defendants; there are cross‐complaints between the defendants in BC667194. 2. Motion for Determination of Good Faith Set...

Excerpt: ... interrogatories and RPDs, deeming the RFAs admitted, and imposing sanctions. As an initial note, only one filing fee was paid for the motion to compel, which actually consists of three motions. Defendant is ordered to pay two additional fees and bring proof of payment to court on the day of hearing. If the additional fees are not paid, these motions will be continued so that payment may be made. Assuming fees are paid, the Court rules as follows...

Excerpt: ...e relieved as counsel, contending that an irreparable breakdown in the attorney‐client relationship has arisen, such that further representation is not possible. The motion is denied without prejudice. The motion is not accompanied by a Declaration in Support of Attorney's Motion to Be Relieved as Counsel‐‐Civil (form MC‐052), as mandated by California Rules of Court Rule 3.1362(c). The accompanying proof of service, moreover, does not re...

Excerpt: ...ed and fell on a sidewalk for which some or all Defendants were responsible. On 3/06/18, the Court granted Defendant, Chase's motion to dismiss the case. On 3/21/18, Defendant timely filed and served a memorandum of costs. On 4/06/18, Plaintiff timely filed and served a motion to strike and/or tax the costs bill. On 4/20/18, Defendant timely filed and served opposition to the motion. A reply was filed on 4/27/18. Plaintiff's primary contention in...

Excerpt: ...r dismissal of Defendant, Enterprise only. On 10/30/17, the Court was scheduled to hear a trial in the action. The Court took the trial date off calendar and made a notation that the case had been dismissed on 8/31/16. At this time, the Court's docket reflects the entire case as dismissed. Plaintiff moves to set aside the dismissal. Plaintiff's attorney declares the failure to appear at the FSC and trial was due to a calendaring error in his offi...

Excerpt: ...nclear date) 10/13/16 – Plaintiff files a complaint for damages against Defendants, Foothill Transit, Joint Powers Authority Governing Board, and Transdev Services, Inc. 1/31/18 – Plaintiff submits an application to submit a late claim to Omnitrans 2/06/18 – Omnitrans denies the application as untimely 2/15/18 – Plaintiff files the instant petition for relief from filing requirements 2. Petition for Relief from Government Claim Filing Req...

Excerpt: ...noticed Plaintiff's deposition for 3/20/18; prior to the deposition, Plaintiff's attorney called Defense Counsel because Plaintiff's attorney had lost contact with Plaintiff. At this time, Defendant moves to compel Plaintiff's deposition, to compel production of documents at deposition, and seeks to recover sanctions. The motion to compel is granted. CCP §2025.450(a) requires the Court to grant a motion to compel deposition unless the deponent h...

Excerpt: ...came 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 h...