Excerpt: ...th of the matters admitted in the requests for admission. On December 19, 2017, there were no appearances at the Final Status Conference. On January 5, 2018, on the trial date, there were no appearances and the court dismissed the case without prejudice pursuant to CCP § 581(b)(3). 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 . ....

Excerpt: ...15, plaintiff was a patient of the health center. In an induced state of confusion, fear, an anxiety, he was allowed to leave his room, enter an unsafe area, broke a window with components that should have been securely affixed, and tumbled to the pavement below, suffering permanent bodily injuries. On July 6, 2017, pursuant to stipulation and order, the trial date was continued from October 25, 2017 to February 14, 2018. On December 28, 2017, pu...

Excerpt: ...edical Center L.P. and Rudolpho Campos for battery based on an incident that occurred on July 6, 2014. Trial was continued to April 30, 2018. DISCUSSION Defendants request an order compelling plaintiff to attend her 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,...

Excerpt: ...oreno for general negligence, negligent entrustment of motor vehicle, and negligent hiring, supervision, and retention. On May 31, 2017, plaintiff filed a First Amended Complaint (“FAC”) for general negligence (against Officer Moreno) and statutory relief (against CHP). 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 ...

Excerpt: ...tiff alleges that the stairs were constructed and maintained in a dangerous condition causing plaintiff to fall and suffer injuries and damages. DISCUSSION Pursuant to CCP § 387, Insurance Company of the State of Pennsylvania (“Insurance Company”) requests leave to file a complaint-in-intervention for subrogation of worker's compensation benefits. CCP § 387(a) provides that, “[u]pon timely application, any person, who has an interest in t...

Excerpt: ...umbrella was propelled from an outdoor table located on Lascari's patio, flew in her direction, and struck her, causing injury. Trial is set for November 8, 2018. LEGAL AUTHORITY CCP § 36 states, in relevant part: “(a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action...

Excerpt: ...n to strike punitive damages, with leave to amend. On April 28, 2017, plaintiff filed a First Amended Complaint (“FAC”). 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 o...

Excerpt: ...laintiff who was on his motorcycle. Compl. at p. 3. He describes the employee as having made an unsafe turn and cut off Plaintiff. Id. Plaintiff identifies the employee as Nicholas Anthony Dominguez. Id. There are three causes of action in the complaint: (1) automobile negligence against all defendants; (2) negligent entrustment against all defendants; and (3) negligent supervision against Defendant Papa John's International. Compl. pp. 4—6. <0...

Excerpt: ...SCUSSION Pursuant to CCP § 387(a), State Farm requests leave to file a complaint in intervention. CCP § 387(a) provides that, “[u]pon timely application, any person, who has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both, may intervene in the action or proceeding. An intervention takes place when a third person is permitted to become a party to an action or proceeding between o...

Excerpt: ...n July 7, 2015. Plaintiff allege he was crossing Hope Street, when all of a sudden, he tripped and fell on a metal plate, which was raised. On December 22, 2016, defendant filed an answer. DISCUSSION Plaintiff requests an order compelling defendant City of Los Angeles, by and through its persons most qualified, to appear for deposition and produce documents. CCP §2025.450(a) provides: “If, after service of a deposition notice, a party to the a...

Excerpt: ...es liability and negligence based on an incident that occurred on June 11, 2015. On September 11, 2017, LBUSD filed an answer. Trial was continued to September 24, 2018. DISCUSSION Defendant LBUSD requests that the court impose terminating sanctions against plaintiff Jose Carbajal for his failure to comply with the court's order dated January 16, 2018. Defendant also requests monetary sanctions. If a party fails to comply with a court order compe...

Excerpt: ... 12, 2017, the court granted plaintiff's counsel's motion to be relieved as counsel, effective that date. On December 28, 2017, the court granted defendants' motions to compel discovery requests. Trial is set for July 18, 2018. DISCUSSION Defendants MV Transportation, Inc. and Jaime Carrillo Fierros request that the court impose terminating sanctions against plaintiff Mario F. Lopez for his failure to comply with the court's order dated December ...

Excerpt: ...ts RIM Hospitality, Inc. (“RIM”) and Hilton Worldwide Holdings, Inc. for negligence, premises liability, and strict product liability. Plaintiff alleges that on July 23, 2014, plaintiff was a guest at the Double Tree Hotel in downtown Los Angeles, and while plaintiff was riding in the elevator at the hotel, he sustained severe injuries as a result of the elevator failing to operate properly. On April 5, 2016, the court granted RIM's motions t...

Excerpt: ...Los Angeles, LLC, and EAN Holdings, LLC for (1) negligence, and (2) vehicle owner liability pursuant to Vehicle Code §17150, based on a three-vehicle motor vehicle accident that occurred on January 18, 2015. Trial is set for August 14, 2018. LEGAL STANDARD “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue ther...

Excerpt: ... on an incident that occurred on November 22, 2015. Plaintiff alleges that she requested Uber services to transport her from a friend's house to her residence. Plaintiff was picked up shortly after her request by defendant/driver, Jennifer. As they were travelling, defendant Jennifer impacted a parked commercial van. On January 18, 2018, the court denied without prejudice plaintiff's motion for leave to amend. Trial is set for October 4, 2018. LE...

Excerpt: ...r. Trial is set for July 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 shown in the moving papers is that a set of interrogatories was properly serv...

Excerpt: ... included Defendants Does 1 to 100. The complaint arose from a crash on October 4, 2014, in which a vehicle crashed into the storefront walls and windows of the Jolly Donuts Shop in Canoga Park. Demurrer at p. 4. Plaintiff was in the shop during the crash. Id.; Compl. at p. 5. Plaintiff filed two amendments to the complaint on November 17, 2017, to name Defendants Sivlai Chung, an individual, and Sivlai Chung dba Jolly Donuts (“Defendants”). ...

Excerpt: ... that on August 16, 2014, plaintiff fell into an uncovered trench and was injured. On April 13, 2015, plaintiff filed an amendment to complaint, designating Los Angeles City as Doe 1. On July 8, 2015, the City of El Segundo was dismissed. On August 8, 2016, plaintiff filed an amendment, designating Northwest Excavating, Inc. as Doe 2. On November 10, 2016, plaintiff filed another amendment, designating Northwest Excavating, Inc. as Doe 2. On Sept...

Excerpt: ...ainst defendants Paul Stoakes and Sign for battery. On March 24, 2017, pursuant to stipulation and order, the trial date was continued from April 10, 2017 to August 7, 2017. On July 6, 2017, pursuant to stipulation and order, the trial date was continued from August 7, 2017 to October 6, 2017. On September 25, 2017, at the FSC, the court continued the trial date to October 16, 2017, at 1:30 p.m. in light of the motion to continue trial. On Octobe...

Excerpt: ...egligence, (2) liability for the wrongful act or omissions by LA County MTA, (3) liability against LA County MTA for violating its duties and responsibilities as a common carrier per Civil Codes §§2100, 2101, and 2103, and (4) premises liability. On July 21, 2016, plaintiff dismissed LA County MTA. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the part...

Excerpt: ...on for summary judgment. On May 20, 2016, defendant filed and served a Notice of Entry of Judgment. Judgment was entered on June 29, 2016 in favor of Galpin Motors, Inc. dba Galpin Studio Rentals. DISCUSSION Plaintiff Tamara Harris requests a new trial. The motion fails to satisfy the requirements of CCP §657. Plaintiff does not specify any of the legally recognized and codified grounds upon which a court can grant a new trial. Further, the moti...

Excerpt: ...aintiff dismissed City of Los Angeles. On May 1, 2017, plaintiff dismissed County of Los Angeles. On December 11, 2017, the court granted defendant Regents' motion to compel verifications to plaintiff's responses to discovery and motion to compel deposition of plaintiff. On February 23, 2018, the court granted plaintiff's counsel's motion to be relieved as counsel. On March 2, 2018, a proof of service was filed of the order relieving counsel. Tri...

Excerpt: ...m 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. 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 ...

Excerpt: ... uninsured motorist proceeding BS146270 (Mercury Casualty Co. v. Nelly Rock and Paul Sojai). On April 6, 2016, the court granted plaintiffs' motion to set aside the February 8, 2016 dismissal. On July 6, 2016, the court granted plaintiffs' counsel's motion to be relieved as counsel. On November 23, 2016, the court granted defendants Solomon and Small's motion to compel plaintiffs to provide verified responses to Form Interrogatories, Set Two, and...

Excerpt: ...ive damages. LEGAL AUTHORITY “Venue, the county in which an action takes place, is statutorily governed by the type or form of the particular action. [Citation omitted.] ‘Venue is determined based on the complaint on file at the time the motion to change venue is made.' [Citations.] (Brown v. Superior Court (1984) 37 Cal. 3d 477, 482 . . . .).” Lebastchi v. Superior Court (1995) 33 Cal. App. 4th 1465, 1469. CCP § 395(a) provides, in releva...