Excerpt: ...vanni Garcia, William 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 ...

Excerpt: ...ia filed a complaint against defendants Edgar Ghazaryan and Enterprise Rent-A-Car Company of Los Angeles, LLC for motor vehicle negligence based on an incident that occurred on July 24, 2016. On February 24, 2017, Ghazaryan filed a cross-complaint against Rosemary Flores. On April 5, 2017, plaintiffs filed a request for dismissal as to Enterprise. On April 26, 2017, Ghazaryan filed an amended cross-complaint against Rener-Mejia. On December 14, 2...

Excerpt: ... 2017, plaintiff Wisam Mubasher filed a complaint against defendants Andrew Wagner and Suellen Wagner for motor vehicle and general negligence based on a February 27, 2015 motor vehicle accident. Trial is set for July 24, 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 therein, or at the ...

Excerpt: ...udgment 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, and ‘all inferences ...

Excerpt: ...orker's compensation benefits. 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 other persons, either by joining the plaintiff in claiming what is so...

Excerpt: ...ming Franks Clean Up, Inc. as Doe 1. On August 24, 2016, Central Transport/Liberty Bell Agency filed a lien claim pursuant to Labor Code §§ 3850-3864, claiming a first lien against any judgment, settlement, or recovery obtained by plaintiff for the purpose of recovering all workers' compensation benefits provided or which may be provided to or on behalf of plaintiff for the underlying workers' compensation matter concerning plaintiff. It states...

Excerpt: ...Latter-Day Saints and Church of Jesus Christ of Latter-Day Saints for motor vehicle negligence based on an incident that occurred on October 28, 2013. On January 25, 2017, at an ex parte hearing, the trial date was continued from April 21, 2017 to October 6, 2017. On August 1, 2017, at an ex parte hearing, the trial date was continued from October 6, 2017 to March 9, 2018. On August 31, 2017, at an ex parte hearing, the trial date was continued f...

Excerpt: ...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. The party mus...

Excerpt: ...ractice based on wrongful death. DISCUSSION Defendant Helen T. Huynh, M.D. requests that the court order plaintiff to post a security undertaking in the amount of $20,000, pursuant to CCP § 1030. Under CCP § 1030(a), when the plaintiff in an action resides out of the state the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs which may be awarde...

Excerpt: ... 2017, there were no appearances at the Final Status Conference. On June 30, 2017, no one appeared for the trial, 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 . . . dismissal . . . taken against him or her through his or her mistake, inadvertence, su...

Excerpt: ...nd (2) premises liability. Plaintiff alleges that on May 29, 2014, plaintiff was lawfully on the property at 3405 W. Imperial Hwy, which is an elementary school. Defendant was the general contractor exercising direct and personal charge of the construction project at the premises and the safety of the premises. On May 29, 2014, plaintiff was standing on erected scaffolding when he fell and landed on the unprotected rebar, causing him serious inju...

Excerpt: ...ainst defendant Ron A. Rosen Janfaza for assault and battery and IIED. On December 11, 2017, plaintiff filed a proof of service of the summons and complaint. DISCUSSION Defendant requests that the court quash service of the summons and complaint. A defendant may serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her. CCP § 418.10(a). Code of Civil Procedure section 418.10 ...

Excerpt: ...endants was provided to plaintiff for the purpose of retrieving used tires for recycling. The ladder failed during ordinary use and collapsed, causing plaintiff to fall and suffer injury. On July 12, 2017, plaintiff filed an amendment to complaint, designating Ilyas S. Hannoch as Doe 1. DISCUSSION Pursuant to CCP § 387(a), Travelers Casualty Insurance Company of America (“Travelers”), with respect to Eli's Muffler & Tire, requests leave to f...

Excerpt: ...ant to Respond to Demand for Production of Documents, Set No. One The court considered the moving papers. BACKGROUND On August 31, 2016, plaintiffs Shaneill Davis and Gerald Moultrie filed a complaint against defendants Timon Domineck Ganther-Tate and Caroline Lynn Johnson for motor vehicle negligence based on an incident that occurred on November 26, 2015. Trial is set for February 28, 2018. LEGAL STANDARD Interrogatories If a party to whom inte...

Excerpt: ...eges that dog or dogs bit her while she was lawfully on the sidewalk in front of 1043 S. Herbert Avenue, Los Angeles, moving along the sidewalk in her wheelchair. Trial is set for February 13, 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)...

Excerpt: ...ant (self-represented) filed an answer. On December 11, 2017, the court granted plaintiff's motion to compel the deposition of defendant. Trial is set for March 9, 2018. DISCUSSION Plaintiff Johnny Aguilar requests that the court impose terminating sanctions against defendant Nestor Arturo Padilla for his failure to comply with the court's order dated December 11, 2017. Plaintiff also requests $2,560 in monetary sanctions. On December 11, 2017, t...

Excerpt: ...14, 2015, plaintiffs Justin and Chase Sherman filed a complaint against defendants Lakewood Regional Medical Center, Inc., Arthur F. Gelb, M.D., Telecare Corp., and La Casa Psychiatric Health Facility for wrongful death based on medical malpractice. On July 13, 2015, plaintiffs filed a First Amended Complaint. Trial is set for May 14, 2018. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely resp...

Excerpt: ...2016, plaintiff Catherine A. Kim, a minor by and through her guardian ad litem, Suzy Yoon, filed a complaint against defendants Progressive Rent a Car Inc. and Stav Even for motor vehicle negligence based on an incident that occurred on February 19, 2016, when she was a pedestrian in a cross-walk. DISCUSSION The court has reviewed the petition and finds the settlement amount to be fair and reasonable. Petitioner has attached copies of the doctor'...

Excerpt: ...leven, Inc. and William Anderson for premises liability based on a slip and fall on July 11, 2013. On March 16, 2017, plaintiff filed an amendment to complaint, designating JSVP Operating, Inc. as Doe 1. On October 27, 2017, defendants filed a cross-complaint against IP T, LLC dba FM Facility Maintenance for indemnity, declaratory relief, and contribution. Trial was continued from December 12, 2017 to April 10, 2018. DISCUSSION Pursuant to CCP §...

Excerpt: ...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 motion and motion to be directed to the client (made on the Notice of...

Excerpt: ...ANDARD 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 judgment if all th...

Excerpt: ...e Arbitration Award The court considered the moving, opposition, and reply papers. BACKGROUND On August 8, 2013, plaintiffs Jorge Fonseca Rodriguez, Juan Carlos Fonseca, Ana Karina Fonseca, Jorge Ivan Fonseca, Javier Fonseca, and Leticia Fonseca filed a complaint against defendants Vida Health Clinic, P.C., Clinica Medica San Miguesl, Haemo-Stat, Inc., dba Fresenius Medical Care, Whittier Hospital Medical Center, Ginger Leon, D.O., Martin Bande, ...

Excerpt: ... On June 19, 2017, Marshalls of CA, LLC (erroneously sued as TJX Companies, Inc.) (“Marshalls”) filed an answer. On October 3, 2017, the court granted Marshalls' motions to compel responses to discover requests. Trial is set for February 20, 2018. DISCUSSION Defendant Marshalls requests that the court impose terminating sanctions against plaintiff for her failure to comply with the court's order dated October 3, 2017. On October 3, 2017, the ...

Excerpt: ...he court granted defendant's motion to quash. On April 3, 2017, at the OSC re dismissal (3-year OSC date), the court continued the hearing to June 19, 2017, as to why this case should not be dismissed for failure to serve the summons and complaint on defendant within three years after the action is commenced against defendant and for failure to file a valid proof of service of summons within sixty days after the time the summons and complaint mus...

Excerpt: ...el filed the proof of service of the order granting counsel's motion to be relieved. Trial is set for February 15, 2018. DISCUSSION Defendant Pankaj Patel dba Travelodge requests an order compelling plaintiff Timothy Hughes to appear for his 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 examinati...