Excerpt: ... On May 16, 2018, Defendant 4Over LLC (“Defendant”) filed a demurrer to the Complaint. Plaintiff's Complaint arises from injuries from a fall off a ladder. Plaintiff was employed by defendant AA1 (“AA1”), a company that manufactures and installs advertising signs. (Compl. ¶ 9.) In January 2017, AA1 received an order from Defendant to install a sign above a warehouse loading dock owned by Defendant (the “premises”). (Compl. ¶ 11.) On...

Excerpt: ...y set for November 6, 2017. The parties then stipulated to continue trial to March 20, 2018. The parties again stipulated to continue trial to August 20, 2018, but the court declined to extend the discovery cut-off to the new date. LEGAL STANDARD Reopen Discovery CCP § 2024.050 states: (a) On motion of any party, the court may grant leave to reopen discovery after a new trial date has been set. This motion shall be accompanied by a meet and conf...

Excerpt: ...22, 2018. Defendant Paul Serrano's Motion for Summary Adjudication is set for November 9, 2018. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Under CRC Rule 3.1332(b), “A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated t...

Excerpt: ...nt. The trial date is set for October 10, 2018. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Under CRC Rule 3.1332(b), “A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a co...

Excerpt: ...ursuant to CRC Rule 3.1332(a), “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Under CRC Rule 3.1332(b), “A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under t...

Excerpt: ...injury complaint arising from a traffic collision where he was a passenger in an ambulance. On December 20, 2016, Ban died. One year later, on December 21, 2017, Plaintiff Sokkhim Lay (“Lay”), the surviving sister of Ban, filed a motion for order granting her to substitute in as a successor in interest to Ban in BC584027. The Court granted this motion on March 22, 2018. In the BC697818 action, Lay filed a wrongful death action against South B...

Excerpt: ...illiam Garcia, and Gustavo Garcia filed a complaint against defendant M.F. Salta Company Inc. for negligence/wrongful death based on an incident on August 24, 2014, whereby plaintiffs' decedent Lisandro Garcia attempted to operate a horizontal sliding gate on the premises at Boulevard Cadillac. The gate failed to stop at its designed stop limit and fell on Mr. Garcia, killing him. On March 7, 2016, plaintiffs filed an amendment to the complaint, ...

Excerpt: ...to the complaint. Defendant filed a notice of non-opposition on June 21, 2018. Plaintiff's Complaint arises from motor vehicle accident where Defendant's employee Naftali Martinez negligently crashed his vehicle and caused damages to Plaintiff on January 8, 2016. (Compl. p. 4.) /// Defendant's Demurrer to the Complaint Defendant demurs to the entire complaint on the grounds that Plaintiff failed to allege factual compliance with the government to...

Excerpt: ...s Angeles (“City”), Elat Capital, LLC (“ECL”), Farhad Kamani (“Kamani”), Elat Market, Inc. (“EMI”) (erroneously sued as Elat Kosher Market, Inc.) (collectively, “Defendants”). On December 17, 2015, Plaintiff was allegedly walking on Wooster Street from the Elat Kosher Market (the “Elat Market”) to her car when she tripped and fell as a result of her left foot hitting the edge of a cracked hole on the sidewalk. (Compl. ¶ 1...

Excerpt: ...rnment Code section 835. On May 29, 2018, Defendant County of Los Angeles (“Defendant” or the “County”) filed a demurrer to the complaint. Plaintiffs filed their opposition on June 15, 2018. Defendant filed a reply on June 21, 2018. Plaintiff's complaint arises from the death of Decedent Stefan Habelmann (“Decedent”), Plaintiffs' father. (Compl. ¶ 1.) On March 4, 2017, Decedent was operating his motorcycle eastbound on Oxnard Street ...

Excerpt: ...lenn Ryan, Plaintiff's father, died from sequalae of blunt force trauma of neck as a direct and proximate result of the failure to properly own, operate, posses, design and manage a staircase at an apartment complex. The staircase lacked proper guarding or fencing. The complaint named Patrick Bryant, a son of the decedent, as a nominal defendant for the wrongful death action. On April 6, 2018, nominal defendant Patrick Bryant, in pro per, filed a...

Excerpt: ...23, 2015. On November 16, 2017, defendant Methodist Hospital of Southern California was dismissed from the action with prejudice. Trial is set for August 9, 2018. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Under CRC Rule 3.1332(b), “A party seeking a continuance of the d...

Excerpt: ...lleging two causes of action for 1) negligence and 2) premises liability. On May 30, 2018, Defendant filed a demurrer to the FAC. Plaintiff filed an opposition on June 7, 2018. Plaintiff's FAC arises from a slip and fall incident at a public transit center in Los Angeles known as Pershing Square. Plaintiff alleges that on August 24, 2016, Plaintiff was at Pershing Square, which is controlled by Defendant. (FAC ¶¶ 12-13, 15.) Plaintiff was walki...

Excerpt: ... was continued from March 29, 2018 to July 24, 2018. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Under CRC Rule 3.1332(b), “A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for...

Excerpt: ...nd statutory liability based on a car accident on June 13, 2014. On December 12, 2017, the court granted plaintiff's counsel's motion to be relieved as counsel. On April 18, 2018, the court granted defendants' motions to compel responses to special interrogatories and supplemental discovery. DISCUSSION Defendants request that the court impose terminating sanctions against plaintiff for his failure to comply with the court's order dated April 18, ...

Excerpt: ...tion West Inc. regarding a motor vehicle incident that occurred on June 14, 2017. Trial is set for January 10, 2019. LEGAL STANDARD CCP § 473(a)(1) provides, in relevant part: “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 of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may,...

Excerpt: ... negligence. Plaintiff alleges that on August 13, 2015, he sustained a left knee injury after falling off a four-foot stage during a school's picture day event with his daughter. Trial is set for November 14, 2018. LEGAL STANDARD CCP § 473(a)(1) provides, in relevant part: “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 of any par...

Excerpt: ...ert, LLC (“Defendant”) as Doe 1. On June 4, 2018, Defendant filed a demurrer to the complaint. Plaintiff's complaint arises from a traffic collision. Plaintiff alleges that on September 10, 2014, Heredia was negligent in the operation of his vehicle and struck Plaintiff's vehicle, causing personal injuries. (Compl. pp. 4-5.) // Defendant's Demurrer to the First Cause of Action Defendant demurs to the general negligence claim, arguing that it ...

Excerpt: ...egligence against several defendants including Bellflower Unified School District (“Defendant”). On December 19, 2017, Defendant demurred to the initial Complaint. On February 23, 2018, the Court sustained the demurrer with leave to amend. On March 15, 2018, Plaintiff filed a First Amended Complaint (“FAC”), alleging (1) general negligence and (2) premises liability. On April 19, 2018, Defendant filed a demurrer to the <005300520056004c00...

Excerpt: ... a matter of course. The First Amended Complaint alleges three causes of action from 1) motor vehicle negligence, 2) intentional infliction of emotional distress (“IIED”) and 3) negligent entrustment of an automobile. On May 25, 2018, Defendant filed a demurrer to the intentional infliction of emotional distress cause of action and a motion to strike the punitive damages request of the FAC. Plaintiff's FAC arises from injuries sustained from ...

Excerpt: ...dant”) filed a demurrer to the willful misconduct cause of action and a motion to strike specific damages requests. Plaintiff filed an opposition to both on May 30, 2018. Defendant filed replies on June 19, 2018. Plaintiff's complaint arises from alleged medical negligence regarding her birth. Prior to her birth on December 22, 2014, Plaintiff's mother Irais Garcia (“Irais”) was treated at co- defendant Providence Little Company of Mary Med...

Excerpt: ...g Metro Air Service Inc. as Doe 1. DISCUSSION Pursuant to CCP § 387(a) [which is now §§ 387(d)(1) and (d)(2)] and Labor Code § 3852, Federal Express Corporation (“Federal Express”) requests leave to file a complaint-in-intervention for subrogation of worker's compensation benefits. CCP § 387(d) states: “(1) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following co...

Excerpt: ... Richarz for premises liability based on a fall down stairs on July 17, 2014. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. CCP §2030.290(b). The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that...

Excerpt: ...a First Amended Complaint. DISCUSSION Defendant West Hills Surgical Center, Ltd. (“West Hills”) requests that the court determine that the settlement between plaintiff and West Hills was made in good faith. In City of Grand View Terrace v. Superior Court (1987) 192 Cal. App. 3d 1251, 1261, the court provided the following guidance regarding a motion for a good faith settlement determination: This court notes that of the hundreds of motions fo...

Excerpt: ...rompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Under CRC Rule 3.1332(b), “A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supp...