Excerpt: ...et One (5) Motion to Compel Responses to Special Interrogatories, Set One (6) Motion to Compel Responses to Demand for Inspection and Production of Documents and Tangible Items, Set One The court considered the moving papers. BACKGROUND On June 23, 2017, plaintiffs Jie Liang and Bouy Liang filed a complaint against defendants Total Transportation & Distribution Inc. and Martin Jesus Lopez for motor vehicle negligence based on an incident that occ...

Excerpt: ...t, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” Under California Rules of Court Rule 3.350(a)(1), a notice of motion to consolidate must: (A) List all named parties in each case, the names of those who have appeared, and the names of their respective at...

Excerpt: ...missal for failure to file proof of service of summons and complaint for February 27, 2018, stating that on the next hearing date, if proof of service had not been filed and there was no showing of progress with regard to service, then the court would dismiss the case. On February 27, 2018, because defendant had been served by publication and a default had been entered, the court set an OSC re dismissal for failure to enter default judgment. On A...

Excerpt: ...dence, and Warner Bros. Entertainment, Inc. for premises liability based on a trip and fall incident on November 24, 2014. On January 24, 2018, plaintiff's counsel was relieved as counsel. Trial is set for August 22, 2018. DISCUSSION Defendants request an order compelling plaintiff Arnelia Wright to appear for her deposition on June 4, 2018, at 1:30 p.m. CCP §2025.450(a) provides: “If, after service of a deposition notice, a party to the actio...

Excerpt: ...tiff is alleging that she parked her police vehicle on a curb. Upon exiting the vehicle from the driver's side, and as she was walking to the front of the police vehicle to get to the sidewalk, defendant struck plaintiff's left shoulder with her 2012 BMW vehicle. On June 28, 2017, City of Los Angeles filed a complaint in intervention for subrogation of workers' compensation benefits. LEGAL STANDARD There is a special two-step procedure for securi...

Excerpt: ...o 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 the rules ...

Excerpt: ...lity, negligence, negligence per se, and res ipsa loquitur. Plaintiff alleges that on October 28, 2014, plaintiff was at defendants' premises when an employee of defendants struck plaintiff in his head with a metal bar that defendants' employee was using to unload a vehicle from a tow truck. The blow to plaintiff's head caused laceration with severe bleeding. Following the incident, defendants' employees attempted to wrap plaintiff's head. Parame...

Excerpt: ... performers snapped off and struck plaintiff's head, causing severe injuries. On May 4, 2016, plaintiff filed amendments designating Love Living Productions LLP as Doe 1 and DLD Contractors, Inc. as Doe 2. On June 21, 2016, plaintiff filed a request for dismissal as to DLD Contractors, Inc. On January 18, 2017, the court granted Abbey Restaurants and Bars USA-LA, LLC's motion for leave to file a cross-complaint against DLD Contractors. On Februar...

Excerpt: ... Angeles County MTA and Doe Bus Driver for motor vehicle negligence based on an incident that occurred on May 3, 2017. Trial is set for February 19, 2019. 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 r...

Excerpt: ...lidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” Under California Rules of Court Rule 3.350(a)(1), a notice of motion to consolidate must: (A) List all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record; (B) Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown fi...

Excerpt: ..., plaintiff Javier Gvdino (self-represented) filed a complaint against defendant Christopher Poblete Ocempo for motor vehicle negligence. 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...

Excerpt: ...rdian ad litem. Trial is set for January 3, 2019. LEGAL STANDARD The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. See Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915; People v. Prince (1968) 268 Cal. App. 2d 398. CRC Rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of moti...

Excerpt: ...for motor vehicle negligence based on an incident that occurred on February 24, 2016. Trial is set for February 28, 2019. 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 tha...

Excerpt: ...(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 the rules in chapter 4 of t...

Excerpt: ...wrence Thornquist and Marilyn Jean Thornquist for motor vehicle negligence. Trial is set for August 16, 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 no responses have been served. All that need be sh...

Excerpt: ...t to stipulation and order, the trial date was continued from 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. LEGAL STANDA...

Excerpt: ...int. On May 1, 2017, plaintiff filed a Second Amended Complaint. Plaintiff alleges that defendant was negligent in having plaintiff evacuate a train that broke down by using a step ladder, instead of a harness, because plaintiff uses a walker, and that she sustained injuries as a result. LEGAL STANDARD Actions in which the amount in controversy is $25,000 or less are classified as limited jurisdiction cases. CCP § 86(a)(1). CCP § 403.040 provid...

Excerpt: ...ed on an incident that occurred on August 27, 2015. Trial was continued from May 18, 2018 to May 29, 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 s...

Excerpt: ...defendant Los Angeles County MTA for negligence. Plaintiff alleges that on October 31, 2015, he fell off an escalator at the Metro Red Line Westlake/MacArthur Park station when the escalator suddenly skipped while plaintiff was on it. On December 22, 2016, plaintiff filed a First Amended Complaint. On November 20, 2017, the court granted plaintiff's counsel's motion to be relieved as counsel. Counsel filed a proof of service on November 20. Trial...

Excerpt: ...ence and premises liability based on a trip and fall on August 5, 2015, on the sidewalk of White Oak Avenue. On December 2, 2016, the County and the State were dismissed. On January 25, 2018, the court granted defendants Nader Hattar and Dema Hattar, ind. and as trustees of the Hattar Family Trust's motion for summary judgment. On February 26, 2018, judgment was entered in favor defendants. On March 1, 2018, defendants filed a memorandum of costs...

Excerpt: ...iff to appear for her deposition on May 28, 2018. CCP §2025.450(a) provides: “If, after service of a deposition notice, a party 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 . . . described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and te...

Excerpt: ...court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. CCP § 436(a). The court may also strike all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. CCP § 436(b). The grounds for a motion to strike are that the pleading has irrelevant, false or improper ma...

Excerpt: ...ndant Don Ciaffardini filed a cross-complaint against AAMCO Transmissions. On July 17, 2017, pursuant to stipulation and order, the December 13, 2017 trial date was continued to April 8, 2018. On October 2, 2017, pursuant to stipulation and order, the April 8, 2018 trial date was continued to June 11, 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. A...

Excerpt: ...y based on a trip and fall on a sidewalk on July 11, 2015. Trial is set for August 23, 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 no responses have been served. All that need be shown in the moving...

Excerpt: ...e trial date was continued from October 23, 2017 to February 26, 2018. On December 29, 2017, the trial date was continued to May 31, 2018. LEGAL STANDARD Actions in which the amount in controversy is $25,000 or less are classified as limited jurisdiction cases. CCP § 86(a)(1). CCP § 403.040 provides, in relevant part: “(a) The plaintiff . . . may file a motion for reclassification within the time allowed for that party to amend the initial pl...