Excerpt: ...lez filed a complaint against White Memorial Medical Center, Paul Baylon, M.D., General Surgeons of Long Beach, Kim Warner, M.D., White Memorial GYN/OB Medical Group, Martha Rivera, M.D., Vasanti Voleti, M.D., and White Memorial Pediatric Medical Group, for medical negligence. The only remaining defendant is Paul Baylon, M.D. DISCUSSION The motion is CONTINUED to allow petitioner to address the following deficiencies: 1. Petitioner failed to expl...

Excerpt: ...y) based on a trip and fall incident on June 20, 2014. Trial is set for August 1, 2018. 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 <0003004500480003005600 0057004b004800030050[oving papers is that a set...

Excerpt: ...granted defendant's motions to compel discovery responses. Trial is set for August 6, 2018. DISCUSSION Defendant requests an order to compel the neuropsychological examination of plaintiff on June 27, 2018 at 9:00 a.m. with James R. High, M.D. at 501 Santa Monica Boulevard, Suite 400, Santa Monica, California 90401. “As a general matter, a defendant may obtain a physical or mental examination of the plaintiff, in accordance with those provision...

Excerpt: ...to the action. . . without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice the party giving the notice may move for an order compelling the deponent's attendance and testimony. . . .” (CCP § 2025.450(a).) “The motion shall be accompanied by a mee...

Excerpt: ...the head at the Abbey. On March 6, 2018, the Court granted defendant's motion to compel (1) Special Interrogatories (Set Six), Requests for Production (Set Six), and Requests for Admission (Set Four), in part. The Court ordered defendant to re-propound the granted requests with limitations as to time and with narrower definitions. Defendant served the amended requests on <0047000300550048005600 00510003002400530055[il 27, 2018. Defendant contends...

Excerpt: ...d fall incident on November 20, 2013. Defendants Kor and Lee move for summary judgment. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843. “Code of Civil Proce...

Excerpt: ... 6, 2016, plaintiff Margarita Garcia filed a complaint against defendant City of Los Angeles for premises liability and negligence based on a trip and fall incident. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” Aguilar...

Excerpt: ...aintiff amended the complaint to include Beacon Films, LLC. On February 24, 2017, defendant Turner filed an answer. On May 17, 2017, Beacon filed an answer. On February 15, 2018, pursuant to stipulation and order, the trial date was continued from June 6, 2018 to September 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 coun...

Excerpt: ...pearances at the Final Status Conference. On February 14, 2017, no one appeared for the jury trial, and the court dismissed the case without prejudice, pursuant to CCP § 581(b)(3). On September 22, 2017, the court granted plaintiff's motion to vacate the order of dismissal and set an Order to Show Cause re why the action should not have been dismissed for failure of plaintiff to serve for November 21, 2017 and a Trial Setting Conference. On Nove...

Excerpt: ...��) filed a demurrer to the initial complaint. On April 2, 2018, the Court sustained Defendant's demurrer with leave to amend, holding that the boilerplate allegations of negligence and premises liability were insufficient. On April 26, 2018, Plaintiff filed a First Amended Complaint, alleging general negligence and premises liability. On May 30, 2018, Defendant filed a demurrer to the FAC. On June 15, 2018, Plaintiff late-filed an opposition. On...

Excerpt: ..., M.D., Mohammed W. Khalife, M.D., San Dimas Community Hospital, and Prime Healthcare Services, Inc. for wrongful death, medical malpractice, and IIED. On November 1, 2017, defendant Dr. Atil served a Notice of Stay of Proceedings based on the liquidation of the insurance company, which held Dr. Atil's insurance policy covering the claims in this case. On November 17, 2017, the court granted defendant Dr. Atil's counsel's motion to be relieved. O...

Excerpt: ...pursuant to stipulation and order, the trial date was continued from September 13, 2016 to January 17, 2016. On November 14, 2016, pursuant to stipulation and order, the trial date was continued from January 17, 2017 to March 21, 2017. On February 28, 2017, pursuant to stipulation and order, the trial date was continued from March 28, 2017 to October 27, 2017. On August 15, 2017, pursuant to stipulation and order, the trial date was continued fro...

Excerpt: ...ant. On April 6, 2018, defendant filed an answer. On March 3, 2018, defendant filed an ex parte application for continuance of trial. The court denied the ex parte application on insufficient showing of irreparable harm, immediate danger or any other basis which relief may be granted ex parte. On May 8, 2018, defendant filed the herein motion to continue trial. Trial is set for July 24, 2018. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “To e...

Excerpt: ...yan, Eddie Shimonov, and Serge for premises liability. Plaintiff alleges that on September 13, 2014, plaintiff's co- employee and employee of defendant caused a florescent light fixture to break and fall from the ceiling, striking plaintiff's leg, and causing serious personal injuries. Plaintiff further alleges that defendants failed to secure payment of workers' compensation benefits as required by Labor Code §3700. On September 18, 2015, plain...

Excerpt: ...pers. No opposition was filed. BACKGROUND On May 20, 2016, plaintiff Virginia Ontiveros filed a complaint against defendant Los Angeles Unified School District for premises liability. Plaintiff alleges that on May 21, 2014, she was lawfully on the defendant's premises, and was attending an adult education class when she was hit in the head and knocked unconscious by a participant in an organized school sports activity. Trial is set for December 1...

Excerpt: ...Guy, Jr. and Isaac Moultrie for motor vehicle negligence based on an incident that occurred on February 7, 2017. On February 27, 2017, Gregory Guy, Jr. filed a cross-complaint against Isaac Moultrie. On December 15, 2017, plaintiff's counsel filed a substitution of attorney. Plaintiff is representing herself. On February 2, 2018, plaintiff (self-represented) filed a First Amended Complaint. Trial is set for April 5, 2019. LEGAL STANDARD Interroga...

Excerpt: ...f alcohol, defendant operated a motor boat negligently, carelessly, and recklessly and caused the boat to flip over resulting in the death of Jennifer Renee Martin. DISCUSSION Defendant requests that the court stay the civil action pending resolution of the parallel criminal investigation of the State of Arizona for the Mohave County Superior Court of Arizona. In the alternative, defendant requests a stay of all discovery in this action for a per...

Excerpt: ...medical clinic for laser hair removal treatment. Defendant Matilda Ahangari argued with plaintiff about the price of the laser hair removal treatment. Plaintiff alleges that Ahangari then angrily and deliberately applied laser treatment to plaintiff's body knowing that the settings of the laser gun used for the treatment and/or the length of time the laser was applied to plaintiff's skin would cause severe burns to delicate regions of plaintiff's...

Excerpt: ...rom October 27, 2017 to February 27, 2018. On October 30, 2017, the court granted plaintiff's counsel's motion to be relieved as counsel. On November 30, 2017, pursuant to stipulation and order, the trial date was continued from February 27, 2018 to April 16, 2018. On March 22, 2018, the court granted plaintiff's motion to continue trial. The trial is set for October 16, 2018. DISCUSSION Plaintiff requests that the court appoint an accident recon...

Excerpt: ...or vehicle negligence based on an incident that occurred on February 11, 2016. On July 18, 2017, a Clerk's Notice of Voiding of Filing was filed and served on Eduardo Malacara and Law Offices of Jeff Mann. The complaint was voided pursuant to Gov. Code §68634(g). DISCUSSION Plaintiff requests that the court vacate and set aside the “dismissal” of this action on the grounds that the “dismissal” was the result of extrinsic mistake and/or f...

Excerpt: ...fendant AHMC Greater El Monte Community Hospital's motion from April 30, 2018 June 20, 2018 to allow for plaintiff to file supplemental evidence. BACKGROUND On December 22, 2016, plaintiff Lu Fan, an individual, and on behalf of decedent party baby boy, Edward Zhao, filed a complaint against defendants Helen T. Huynh, M.D., and Medical Staff Organization of Greater El Monte Community Hospital, Inc. for medical malpractice based on wrongful death....

Excerpt: ...otor vehicle negligence. Plaintiff alleges that on October 24, 2016, he was a passenger when a collision resulted. On January 17, 2018, the court granted plaintiff's counsel's motion to be relieved as counsel, effective upon the filing of the proof of service of the signed order upon plaintiff. On February 13, 2018, plaintiff's counsel filed the proof of service of the order. On April 11, 2018, the court granted defendant's motion to compel plain...

Excerpt: ...tion and order, the trial date was continued from February 28, 2018 to June 28, 2018. On January 8, 2018, pursuant to stipulation and order, the trial date was continued to August 17, 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 see...

Excerpt: ...cy stay was still in effect. On March 8, 2017, the court found that defendant was still in involved in a bankruptcy proceeding, and continued the hearing to September 12, 2017. On September 12, 2017, the court continued the hearing to January 23, 2018. On January 23, 2018, the hearing was continued to June 20, 2018. BACKGROUND This is a trip and fall case. On April 27, 2015, plaintiff Suzanne Sacco filed a complaint for premises liability and gen...

Excerpt: ... M.D. and PIH Health aka PIH Healthcare Solutions aka PIH Health Hospital for medical malpractice. Pursuant to stipulation and order, the trial date was continued from June 5, 2017 to October 20, 2017. The statutory cut-off dates were continued and calculated based on the new trial date. On August 24, 2017, the court granted an ex parte application to continue the trial date. The trial was continued to February 2, 2018 and the discovery and motio...