Excerpt: ...Enzo Digrazia, by and through his guardian ad litem, Patricio Digrazia, filed a complaint against defendants Lorenzo Garcia and Rosa Maria Garcia for negligence and premises liability based on an incident that occurred on July 27, 2015. On April 18, 2017, plaintiff filed a notice of settlement of entire case. DISCUSSION Plaintiff requests an order substituting plaintiff's guardian ad litem, Patricio Digrazia, for Norine Boehmer, CLPF. The decisio...

Excerpt: ...ing and opposition papers. BACKGROUND On December 22, 2017, plaintiff Joel Velazquez Montiel filed a complaint against defendants NBN Victory LLC, Aram Haroutune Arakelian, ARK Construction, Oscar Asghar Ensafi, and Approved Plans, Inc. for premises liability and negligence based on an incident that occurred on November 24, 2016. Plaintiff alleges that he was a neighbor or visiting a neighbor of the subject property. While he was passing near or ...

Excerpt: ...t liability, violation of statute, and negligence based on a dog bite incident on January 1, 2016. LEGAL STANDARD The 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 t...

Excerpt: ...n an incident that occurred on November 20, 2012. On August 14, 2015, the court dismissed the case without prejudice for failure to appear at trial based on attorney' mistake. On March 28, 2016, the court granted plaintiff's motion to set aside dismissal. On August 5, 2016, defendants Jamie Polito, M.D. and The Regents of the University of California (erroneously sued as UCLA Medical Group and UCLA Health) filed an answer. On December 9, 2016, de...

Excerpt: ...ses 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 v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843. “Code of Civil Procedure section 437c, subdi...

Excerpt: ...quest for dismissal as to defendant Nunez. 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 Procedure section 437c, subdivision (c), requires ...

Excerpt: ...nd battery against Does 11-15. On September 1, 2016, plaintiff filed an amendment designating Sergio Pena as Doe 1. LEGAL STANDARD CCP § 438 states, in relevant part: “(b)(1) A party may move for judgment on the pleadings. . . . (c)(1) The motion provided for in this section may only be made on one of the <0003005300440055005700 00480049004800510047[ant, that either of the following conditions exist: . . . . (ii) The complaint does not state f...

Excerpt: ...upian for motor vehicle negligence based on an incident that occurred on October 5, 2016. Trial was continued to October 29, 2018. LEGAL STANDARD There is a special two-step procedure for securing disclosure of peace officer personnel records. Warrick v. Superior Court (City of Los Angeles Police Dept.) (2005) 35 Cal. 4th 1011, 1019. First, the party seeking disclosure must file a motion that identifies the peace officer, the agency in possession...

Excerpt: ...on an incident that occurred on April 16, 2016. On May 21, 2018, City of Los Angeles filed a cross-complaint against Mary Guidry. On July 10, 2018, plaintiff filed an amendment designating Andrew Begg as Doe 1. 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 3.13...

Excerpt: ...17, plaintiff Frank Bryan filed a complaint against Willowbrook LLC for wrongful death. Plaintiff alleges that on October 10, 2016, his father, Glenn Ryan, died as a result of a slip and fall on a staircase on May 27, 2015 at The Willowbrook Apartments located at 1150 Pedro Street, in San Jose. The death certificate states that the cause of death was “sequalae of blunt force trauma of neck.” The complaint named Patrick Bryant, a son of the de...

Excerpt: ...otion 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 motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil form (MC-051)); (2...

Excerpt: ...workers' compensation benefits paid to Plaintiff's employee. On, July 28, 2016, Plaintiff's employee Bruce Campbell was walking on the sidewalk and tripped when a metal door trapped his foot. Plaintiff alleges that the injuries were due to a dangerous condition of public property owned by Defendant. Defendant's Demurrer to the Complaint Defendant demurs to the entire complaint because Plaintiff failed to comply with the Government Tort Claims Act...

Excerpt: ...via Lizarraga for motor vehicle negligence based on an incident that occurred on June 3, 2017. Trial is set for June 11, 2019. DISCUSSION Defendants request that the court quash the subpoenas served on Alliance United Insurance Services. CCP § 1987.1(a) states, “[i]f a subpoena requires the attendance of a witness or the production of books, documents, or other things before a court, or at the trial of an issue therein, or at the taking of a d...

Excerpt: ...ion 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 testimony, and the production for inspection of any document . . . described in the deposition notice.” CCP § 2025.450(b) provides, “A motion under subdivision (a) shall comply with both of the follow...

Excerpt: ...xpress Trucking, Inc. for negligence, negligent hiring, retention, and supervision, negligent entrustment, negligence per se, and negligence pursuant to Vehicle Code §17150 based on a motor vehicle accident that occurred on May 27, 2015. DISCUSSION Defendants request that the court compel third party deponent Metro PCS to respond to <001b001100030003003700 00490052005500030053[roduction was set for June 15, 2018. On June 28, 2018, defense counse...

Excerpt: ...tion for summary judgment. On March 21, 2018, judgment was entered in favor of defendant. On May 2, 2018, defendant filed a memorandum of costs. LEGAL STANDARD “A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of dismissal,...

Excerpt: ...he instant demurrer to the Complaint. No opposition has been filed. Plaintiff's complaint arises from a slip and fall incident at Defendant's apartment complex. Plaintiff was a tenant at Defendant's apartment. On November 6, 2014, Plaintiff slipped and fell in the exterior of the building because it did not have adequate lighting. Defendant's Demurrer Defendant demurs to the entire complaint. Defendant argues that the Complaint is subject to demu...

Excerpt: ...led a First Amended Complaint (“FAC”) alleging three causes of action for negligence, premises liability, and battery. On June 21, 2018, Defendant filed the instant demurrer to the negligence and premises liability causes of action. On July 17, 2018, Plaintiff filed an opposition. On July 24, 2018, Defendant replied. Plaintiff's FAC arises from the assault and battery of Plaintiff by defendant Jeffrey Gallegos (“Gallegos”). Plaintiff alle...

Excerpt: ...ignating Yong Chen as Doe 1. Trial is set for September 18, 2018. LEGAL STANDARD CCP § 438 states, in relevant part: “(b)(1) A party may move for judgment on the pleadings. . . . (c)(1) The motion provided for in this section may only be made on one of the <0003005300440055005700 00480049004800510047[ant, that either of the following conditions exist: . . . . (ii) The complaint does not state facts sufficient to constitute a cause of action ag...

Excerpt: ...n a slip and fall that occurred on September 13, 2015. She alleged that she slipped on an unknown substance. On April 26, 2018, plaintiff filed a FAC, alleging that she slipped and fell on liquid from an ice bag, which had leaked onto the floor of the grocery store. On July 24, 2018, defendant Schur Packaging Systems, Inc. filed a cross-complaint for implied indemnity, express contractual indemnity, contribution, and declaratory relief. Trial is ...

Excerpt: ...ver of a Ford Ranger and that defendants were the owners of property located in Rosamond, CA and six horses. On February 1, 2017, plaintiff's vehicle was involved in a collision with the horses. On April 13, 2017, plaintiff filed a FAC. Trial is set for October 1, 2018. DISCUSSION Plaintiff requests an order compelling nonparty Solomon Torres (“Torres”) to appear and testify at a deposition. Plaintiff also requests sanctions against Torres an...

Excerpt: ...<0013001400190011000300 03[ DISCUSSION Defendants request that the court enforce the subpoenas duces tecum served on Blue Shield of California on January 8, 2018 and on Cedars Sinai Medical Center (Health Information Management), Cedars Sinai Medical Center (Radiology), Cedars Sinai Medical Center (Medical Records Department — Bills), Cedars Sinai Medical Care Foundation (Billing), UCLA Health Systems (Medical Records), UCLA Health Systems (Rad...

Excerpt: ...ccurred on August 14, 2014. On January 23, 2018, plaintiffs filed a notice of settlement of the entire case. On April 23, 2018, plaintiffs filed a request for dismissal with prejudice. On May 24, 2018, plaintiffs filed expedited petitions to approve compromise of pending action of minors. LEGAL AUTHORITY CCP § 473(b) states, in relevant part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from...

Excerpt: ...ent on the pleadings. . . . (c)(1) The motion provided for in this section may only be made on one of the <0003005300440055005700 00480049004800510047[ant, that either of the following conditions exist: . . . . (ii) The complaint does not state facts sufficient to constitute a cause of action against that defendant.” A motion for judgment on the pleadings “has the purpose and effect of a general demurrer.” Smiley v. Citibank (s.D.), N.A. (1...

Excerpt: ...aintiff filed an amendment designating MV Transportation as Doe 1. On September 20, 2017, the FSC was not held. The minute order reflects that a notice of settlement of entire case would be filed by October 4, 2017. An OSC re dismissal was set for November 29, 2017. Based on a declaration from plaintiff's counsel, the OSC re dismissal was continued to December 27, 2017. On December 27, 2017, the OSC hearing was continued to March 28, 2018. On Mar...

Excerpt: ...inued the hearing on the motion and OSC re status of bankruptcy to March 8, 2017. At the hearing on November 9, 2016, the court found that the bankruptcy 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. <0047000300570052000300 0003001500130014001b>....

Excerpt: ...February 20, 2018, plaintiff Sean Phillips filed a complaint against defendants Ernesto Feliciano Villar, United Med Transportation, and United Med Transportation Inc for Erica Doyon for motor vehicle negligence based on an incident that occurred on February 22, 2016. Trial is set for August 20, 2019. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for...

Excerpt: ...set for March 5, 2019. DISCUSSION Defendants request an order compelling plaintiff Hisato Masuyama to appear for an independent medical examination with orthopedic surgeon Dr. Stephen Kay, on August 7, 2018, at 11:00 a.m. Defendants further seek sanctions against plaintiff's counsel in the amount of $1,185. Under CCP § 2032.220(a), “[i]n any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physi...

Excerpt: ...8, the court granted defendants' motions to compel plaintiff to serve discovery responses and to appear for his deposition. On June 15, 2018, the court granted plaintiff's counsel's motion to be relieved as counsel. Trial is set for August 16, 2018. DISCUSSION Defendants request that the court impose terminating sanctions against plaintiff for his failure to comply with the court's order dated May 8, 2018. If a party fails to comply with a court ...

Excerpt: ...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 Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, ...

Excerpt: ...r vehicle accident on April 13, 2016, on the westbound 60 freeway in Pomona. Trial is set for March 15, 2019. LEGAL STANDARD CCP § 428.50 states, “(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint. (b) Any other cross-complaint may be filed at any time before the court has set a date for t...

Excerpt: ...nment of fault under comparative negligence against defendant Agnew. Trial is set for August 28, 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 stipu...

Excerpt: ...d. BACKGROUND On December 1, 2016, plaintiff Louie Sodaro filed a complaint against defendants Deborah Ann Bean, Vista Plaza Management Co., Inc., Vista Plaza, and Papa John's Pizza for motor vehicle negligence and premises liability. Trial is set for October 2, 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...

Excerpt: ... plaintiffs filed a Request for Dismissal, dismissing the entire action with prejudice. LEGAL AUTHORITY CCP § 473(b) states, in relevant part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a . . . dismissal . . . taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief . . . shall be made within a reasonable time, in n...

Excerpt: ...tions 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 pleading. The defendant . . . may file a motion for reclassification within the time allowed for that party to respond to the initial pleading. . . . The cour...

Excerpt: ...int against Roes 1 through 50. On July 20, 2017, plaintiffs filed a FAC. Trial is set for October 9, 2018. LEGAL STANDARD CCP § 428.50 states, “(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint. (b) Any other cross-complaint may be filed at any time before the court has set a date for tria...

Excerpt: ...n May 9, 2018, the court granted defendant's motions to compel discovery requests. Trial is set for May 9, 2019. DISCUSSION Defendant requests that the court impose terminating sanctions against plaintiff for his failure to comply with the court's order dated May 9, 2018. Defendant further requests that the court impose additional monetary sanctions in the amount of $620. If a party fails to comply with a court order compelling discovery response...

Excerpt: ...order, the trial date was continued from December 27, 2017 to April 30, 2018. On April 6, 2018, pursuant to stipulation and order, the trial date was continued from April 30, 2018 to June 20, 2018. On June 6, 2018, at an ex parte hearing, the court continued the trial date to September 6, 2018. All discovery and motion cut-off dates were continued with the trial date. LEGAL STANDARD Under CCP §1008(a), “When an application for an order has bee...

Excerpt: ...al distress (“NIED”). On April 20, 2018, the Court sustained Defendant Providence Tarzana Medical Center's (“Defendant”) demurrer to the NIED cause of action, on the grounds that more facts were needed for the bystander theory. Plaintiffs filed a First Amended Complaint on May 18, 2018. On June 18, 2018, Defendant filed a demurrer to the NIED claim. Plaintiffs filed their opposition on June 28, 2018. Plaintiffs' complaint arises from the ...

Excerpt: ...BACKGROUND On September 10, 2015, plaintiff Alma Alcaraz filed a complaint against defendants Poison Ivey, Inc., dba Poison Ivy, Harout Balyan, 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...

Excerpt: ...dered the moving and opposition papers. 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 D...

Excerpt: ...n a bus operated by defendant. On December 28, 2017, pursuant to order and stipulation, the trial date was continued from February 20, 2018 to June 18, 2018. On April 18, 2018, pursuant to order and stipulation, the trial date was continued from June 18, 2018 to August 15, 2018. On May 15, 2018, the court granted plaintiff's counsel's motion to be relieved as counsel. DISCUSSION Defendant Los Angeles County MTA requests an order compelling plaint...

Excerpt: ...018. On April 18, 2018, pursuant to order and stipulation, the trial date was continued from April 18, 2018 to August 6, 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...

Excerpt: ... On February 1, 2018, pursuant to order and stipulation, the trial date was continued from April 30, 2018 to August 30, 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 ...

Excerpt: ...ions to compel discovery responses as against defendant Marianne Meza and the court deemed admitted the matters in the requests for admissions as to both defendants. Trial is set for December 17, 2018. DISCUSSION Plaintiff requests that the court impose issue, evidence, or terminating sanctions against both defendants, and for monetary sanctions in the amount of $2,482.50. If a party fails to comply with a court order compelling discovery respons...

Excerpt: ...16. On May 4, 2018, the court granted defendant's motion to strike punitive damages in the complaint. On May 23, 2018, plaintiffs filed a First Amended Complaint. LEGAL STANDARD The 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 confor...

Excerpt: ... in relevant part: “When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of:...

Excerpt: ...laintiff Sokkhim Lay, ind. and in her capacity as executor of the Estate of Veng Ban, filed a complaint against defendants South Bay Ambulance, Inc. and Vanessa Natalie Pacheco for wrongful death based on an incident on June 10, 2013. Plaintiff alleges that as a result of the subject incident, decedent suffered serious personal injuries for which he treated and for which he died from on December 20, 2016. On October 31, 2017, plaintiff Lay filed ...

Excerpt: ... 13, 2017, plaintiff Odis Adaly Solis Funez filed a complaint against defendant Agustin Gonzalez Moreno for motor vehicle negligence based on a November 14, 2015 collision. Trial is set for May 13, 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...

Excerpt: ... 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 of interrogatories was properly served on the opposing party, that the time to re...

Excerpt: ...ow §§ 387(d)(1) and (d)(2)] and Labor Code § 3853, Sequoia Insurance Company (“Sequoia Insurance”) 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 conditions is satisfied: (A) A provision of law confers an unconditional right to in...

Excerpt: ... on a collision that occurred on September 20, 2017. On February 6, 2018, a notice of settlement of entire case was filed by plaintiff. On May 17, 2018, no parties appeared for the OSC re dismissal. The court ordered the case dismissed for plaintiff's failure to appear and failure to prosecute. LEGAL AUTHORITY CCP § 473(b) states, in relevant part: “The court may, upon any terms as may be just, relieve a party or his or her legal representativ...

Excerpt: ...s liability based on a February 24, 2017 incident. On April 9, 2018, defendants filed a cross complaint against Christina Dilan for contractual indemnity, comparative fault, equitable indemnity, contribution, and declaratory relief. 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 fil...

Excerpt: ...ignating Estate of Daljit Singh Jandu as Doe 1. Defendant Jandu passed away on May 17, 2017. Trial is set July 5, 2019. DISCUSSION Defendant Estate of Daljit S. Jandu requests that the court quash service of summons for defective service. The proof of service filed on April 27, 2018 indicates that “Estate of Daljit Singh Jandu” was substitute served at 7055 Lennox Ave., #209, Van Nuys, CA by substitute service on April 25, 2018, at 4:55 p.m. ...

Excerpt: ...is Yeo for motor vehicle negligence based on a August 13, 2013 collision. On April 24, 2018, the court granted defendants' motion to compel the depositions of plaintiffs. Trial is set for January 22, 2019. DISCUSSION Defendants request that the court impose terminating sanctions and monetary sanctions against plaintiffs for their failure to comply with the court's order dated April 24, 2018. Alternatively, defendants request that the court order ...

Excerpt: ...d the moving papers. BACKGROUND <0051005700520056000300 0003> Helen Nohemy Palenciacano filed a complaint against defendant Chelsea Nicole Didier for motor vehicle negligence based on a February 7, 2016 collision. Trial is set for February 25, 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 san...

Excerpt: ...l Services, Inc. (“Defendant”) filed a demurrer to the initial complaint, which was taken off calendar as moot due to the filing of the FAC. Defendant filed its demurrer and motion to strike to the FAC on June 18, 2018. No opposition was filed. Defendant filed a notice of non-opposition on July 12, 2018. Plaintiff's complaints arise from apparent dental malpractice by Defendant. While there are no factual allegations in the FAC, the initial c...

Excerpt: ...enter Productions, Abode Communities, Mary Andrews Clark Residence, and Warner Bros. Entertainment, Inc. for premises liability based on a November 24, 2014 trip and fall incident. On January 11, 2018, pursuant to order and stipulation, the trial date was continued from May 22, 2018 to August 22, 2018. On January 24, 2018, the court granted Sergio J. Puche's motion to be relieved as plaintiff's counsel. On May 30, 2018, the court granted defendan...

Excerpt: ...gence. Plaintiff filed a proof of service of summons with the court on January 22, 2018, indicating that Defendant was served with the complaint and summons by substituted service. On February 27, 2018, Plaintiff requested entry of default against Defendant, which was entered as requested. On March 23, 2018, Defendant filed the instant demurrer concurrently with a motion to set aside default. The hearings for those motions are set for June 5, 201...

Excerpt: ...on to their insured, Lusan Chua, based on a collision that occurred on September 27, 2012. On September 9, 2013, a default was entered against defendant. On November 14, 2014, the court rejected the request for default judgment because plaintiff had not filed and served a statement of damages. On March 17, 2015, plaintiff filed a notice of unconditional settlement of entire case. On May 5, 2015, the case was dismissed without prejudice at the req...

Excerpt: ...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 <0058005c0003002f004c00 00470003004400030046>omplaint against defendants Total Transportation & Distribution Inc. and Martin Jesus Lopez for motor vehicle negligence based on an incident that occurred on June 24, 2015....

Excerpt: ...Christianson for motor vehicle negligence based on an incident that occurred on February 18, 2016. Trial is set for September 28, 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...

Excerpt: ...iled an answer. 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 continuance by a noticed motion or...

Excerpt: ...allow 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. Trial is set for October 2, 2018. DISCUSSION Pursuant to CCP §1030, defendant AHMC Greater El Mon...

Excerpt: ...2016. On April 10, 2018, the court granted defendant's motion to strike punitive damages. On April 30, 2018, plaintiffs filed a First Amended Complaint. LEGAL STANDARD The 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 ...

Excerpt: ...Baldwin Park for premises liability. Plaintiff alleges that on April 28, 2017 he was riding his bicycle on a sidewalk controlled and maintained by the City. Plaintiff unknowingly rode his bicycle over an uncovered manhole, which caused him to be thrown from his bicycle. On March 28, 2018, plaintiff filed a First Amended Complaint. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the ...

Excerpt: ...7, 2017, pursuant to stipulation and order, the trial date was continued from March 20, 2018 to July 18, 2018. On March 19, 2018, pursuant to stipulation and order, the trial date was continued from July 18, 2018 to September 18, 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 certai...

Excerpt: ...of service of summons on The Car Legacy. <004c00510044004f000300 00520051004900480055>ence, and the final status conference was taken off calendar. The court noted in its minute order that the trial date remained set for May 15, 2018. On May 4, 2018, plaintiff filed proof of service of summons on Ulises Ortega. On May 15, 2018, no parties appeared for the trial date and there was no contact from either party. The court ordered the case dismissed ...

Excerpt: ...f alleges that on June 28, 2017, an LA County MTA bus collided with him when he was walking in a marked crosswalk. DISCUSSION Plaintiff requests an order compelling defendant Los Angeles County MTA's person most knowledgeable to appear for deposition. 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...

Excerpt: ... request an order compelling plaintiff Maria Trujillo to appear for deposition. 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 th...

Excerpt: ... was filed, a Final Status Conference (“FSC”) was set for July 27, 2016 and a trial was set for August 11, 2016. On July 27, 2016, at the FSC, there being no appearances by or for either side, the FSC was taken off calendar. On August 11, 2016, on the date set for a trial, there were no appearances by or for either side or any communication with the court as to why there were no appearances. Therefore, pursuant to CCP § 581(b)(3), the court ...

Excerpt: ... him in 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. On May 14, 2018, the court granted defendant's motions to compel plaintiff to serve responses to Special Interrogatories, Set Five, Nos. 143-153 and 156-159 and to Demand for Production of Documents, Set Five, Nos. 60-67 and 68, wit...

Excerpt: ... <005100560057000300b300 005b0044005100470048[r Lopez Mendez.” DISCUSSION Pursuant to CCP §§2023.010, 2023.020, and 2023.030, plaintiff requests attorney's fees in the amount of $6,600 associated with opposing defendant's motion to compel plaintiff's attendance at an IME and deposition and making this motion for attorney's fee. Plaintiff also requests “additional punitive” sanctions in the amount of $2,000 against defendant and his counse...

Excerpt: ...f 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 supporting declarations...

Excerpt: ...18, Defendant Peter Asteris dba Pacific Star Grill (“Defendant”) filed a demurrer to the first and second causes and a motion to strike portions of the FAC. Plaintiff filed an opposition on June 28, 2018. Plaintiff's complaint arises from an incident where Plaintiff's husband, Javier Rubio (“Javier”), went to Defendant's place of business and was threatened by Defendant with a <002d00440059004c004800 005200030057004b0048[ Pacific Star Gri...

Excerpt: ...on a slip and fall on water on December 18, 2016. Trial is set for January 14, 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 C...

Excerpt: ...at occurred on July 24, 2013. On August 30, 2016, plaintiff filed an amendment designating CEVA Logistics as Doe 1. On October 12, 2016, plaintiff filed a dismissal as to Ryder Truck Rental, Inc. and CEVA Logistics. On April 3, 2017, plaintiff filed an amendment designating Transportation Logistics Company, LLC dba Centerline as Doe 2. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with...

Excerpt: ...Amended Complaint on April 24, 2018, as 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. On June 12, 2...

Excerpt: ...alpractice. On January 6, 2017, the court denied defendants Michelle Meng and Beverly Hills Medical Anti-Aging Group, LLC's motion to compel arbitration. On April 27, 2017, plaintiff filed Amendments to Complaint, naming Beverly Hills <0058005100440051000300 00480003001a00110003> <00440055004c0051004a00 00510047004400510057>s' motion for summary judgment to August 21, 2018. LEGAL STANDARD CCP §428.10 states that, “A party against whom a cause ...

Excerpt: ...on July 22, 2016. Plaintiff alleges that a branch from a city owned tree fell on him while he was lawfully in Salt Lake Park in the City of Huntington Park. On June 20, 2017, plaintiff filed a First Amended Complaint. Trial is set for November 1, 2018. LEGAL STANDARD CCP § 428.50 states, “(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time ...

Excerpt: ...for Summary Judgment 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 Procedure section 437c, subdivision (c), requires the trial judge to grant summary judg...

Excerpt: ...2017. LEGAL STANDARD The 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 irrelev...

Excerpt: ...al was entered as to Plaintiff Chris Kettler's claims against Defendant City of Long Beach. LEGAL STANDARD CCP § 1048 states: “When actions involving a common question of law or fact are pending before the court, 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 de...

Excerpt: ...ault was entered against Defendant. On October 24, 2017, an Order to Show Cause Re Dismissal for Failure to Enter Default Judgment was heard. The minute order states that Default Judgement had not yet been entered. The court continued the matter to December 26, 2018. On December 26, 2017, the court dismissed the case when there were no appearances by either side at the hearing. LEGAL STANDARD CCP § 473(b) states, in relevant part: “The court m...

Excerpt: ...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 Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all <004800510046004800b600 00520051005700550044[dicted ...

Excerpt: ...n Amendment to Complaint, substituting in Angel Kim (“Angel”) for Doe 1. 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 Procedure secti...

Excerpt: ...inor Claimant, Gonzalo Salazar, (age 17) alleges he sustained injury as a pedestrian resulting from a two-car collision. The drivers of both cars are named as defendants. Minor Claimant alleges that he had sustained swelling and bruising of the brain requiring surgery, traumatic subdural hemorrhage, fractured temporal bone, fracture of left thumb, and subdural hematoma. On November 16, 2017, Minor Claimant, through his guardiam ad litem, Valeria ...

Excerpt: ...er 23, 2014 motor vehicle accident. None of the defendants filed a responsive pleading. On April 4, 2018, the Final Status Conference was taken off calendar after no appearances were made by or for either side; trial remained set for April 19, 2018. On April 19, 2018, the court ordered the case dismissed without prejudice pursuant to CCP § 581(b)(3) after no appearances were made for trial. LEGAL STANDARD “The court may, upon any terms as may ...

Excerpt: ...iability Based on Dog Bite Statute and (5) Premises Liability for injuries he sustained on or about September 21, 2016 after Defendants' dog allegedly attacked and bit him. Trial is set for October 4, 2018. LEGAL STANDARD When a party is seeking a good-faith settlement determination, “any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on t...

Excerpt: ...Acute Care LLC dba California Post Acute Care (erroneously sued as California Post Acute Care) (“Defendant”) filed a demurrer to the third cause of action for negligence and a motion to strike punitive damages and attorney's fees prayers. No opposition has been filed. Plaintiff's complaint arises from medical care she received from defendants following a motor cycle accident. On March 22, 2016, Plaintiff was involved in a motorcycle accident ...

Excerpt: ...tiff Kimberly Campbell, by and through her guardian ad litem, Alexander Campbell filed this action against General Motors Company, Arsev Inc., Chevrolet of Montebello, and Rally Auto Group, Inc. The first amended complaint alleges personal injuries, strict product liability, negligent products liability, and negligence. DISCUSSION Motion to Seal The court may order that a record be filed under seal only if it expressly finds facts that establish:...

Excerpt: ...en a motion to quash is properly brought, the burden of proof is placed upon the plaintiff to establish the facts of jurisdiction by a preponderance of the evidence.” (Aquila, Inc. v. Superior Court (2007) 148 Cal.App.4th 556, 568.) A summons is the means by which a court acquires personal jurisdiction over a civil defendant, and compels them to appear in court. (Mannesmann DeMag, Ltd. v. Superior Court (1985) 172 Cal.App.3d 1118, 1122.) A defe...

Excerpt: ...ed an amendment to complaint, substituting in Goldcoast Properties for Doe 1. On August 22, 2017, the court granted Defendant 1716 Main Street, LLC's ex parte application to continue the trial to April 3, 2018. On March 21, 2018, the court granted Plaintiff's ex parte application to continue the trial based on the parties' stipulation. The trial was continued to May 15, 2018. On May 1, 2018, at the Final Status Conference, the court granted the p...

Excerpt: ...��) and Defendant/Cross-Complainant Bimbo Bakeries USA (“Bimbo”). Bimbo filed a cross-action against Suarez, Quezada and AM Express Trucking Inc. The trial is currently set for August 23, 2018, with a motion to compel set for July 20, 2018. On June 7, 2018, Suarez and Quezada moved ex parte to continue the trial to December 17, 2018. The Court denied the ex parte application and required a noticed motion. On June 11, 2018, Suarez and Quezada ...

Excerpt: ... per se; and (3) statutory liability arising from a motor vehicle accident. DISCUSSION Defendants request an order compelling Plaintiff to appear at a deposition within 20 days of the hearing of this motion. 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 i...

Excerpt: ... per se; and (3) statutory liability arising from a motor vehicle accident. DISCUSSION Defendants request an order compelling Plaintiff to appear at a deposition within 20 days of the hearing of this motion. 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 i...

Excerpt: ...indsey Abbott (“Abbott”) for negligence, premises liability, negligence – motor vehicle, and negligent entrustment based on a motor vehicle accident in a parking structure. On November 23, 2016, Defendants Shepherd and Valley filed a cross-complaint against T.B. Penick & Sons, Inc. (“TB Penick”) for indemnification, apportionment of fault, and declaratory relief. LEGAL STANDARD The purpose of a motion for summary judgment or summary adj...

Excerpt: ...fendant”) 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 opposi...

Excerpt: ...terprises, Inc.) (“New Caney”), RCS Inc. (“RCS”) and Does 1-100 for premises liability and general negligence for injuries he allegedly sustained in an October 7, 2016 trip and fall. On October 13, 2017, New Cane filed a cross-complaint for implied indemnity, comparative contribution and declaratory relief against Roes 1-20. On November 14, 2017, RCS' default was entered. On April 23, 2018, plaintiff filed six “Amendment[s] to Complaint...

Excerpt: ... January 11, 2017, Plaintiff's counsel filed a motion to be relieved, which <001a001100030003003300 00b60056000300460052[unsel was not relieved until November 7, 2017 after counsel filed proof of service of the signed order on MC-053. On September 8, 2017, Defendant moved for summary judgment, but the proof of service was defective due to the failure serve Plaintiff's counsel, who had not been relieved at that point. On April 16, 2018, Defendant ...