Excerpt: ...negligence. Trial is set for February 14, 2018. DISCUSSION Defendants and plaintiff request an order compelling plaintiff to appear for his deposition and independent medical examination with Dr. Tony Strickland in the United States. Defendants and plaintiff also request that the court continue the trial date to December 3, 2018. Compel deposition CCP § 2025.250 requires that depositions occur within 75- or 150-mile limits of the deponent's resi...

Excerpt: .... On April 4, 2017, plaintiff dismissed City of Los Angeles. On May 1, 2017, plaintiff dismissed County of Los Angeles. Trial is set for August 17, 2018. 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 (19...

Excerpt: ...erson Elementary School (together “Defendant”). Plaintiff alleges that on or about March 8, 2016, Defendant “negligently…maintained said premises as to directly and proximately cause injury to Plaintiff, Henry Barragan, while under their care and supervision.” (Complaint, p. 4 ¶ Prem.L-1; see also p. 5 ¶ GN-1.) On December 19, 2017, Defendant filed a notice motion for demurrer and motion to strike against Plaintiff's entire complaint....

Excerpt: ...zardous conditions existing, causing severe injuries.” (Complaint ¶ 6.) On October 11, 2017, Plaintiff filed a doe amendment, replacing two fictitious names with defendants, Carlos Cadiz and Cadiz & Cadiz Architects (together “Defendant”). On December 12, 2017, Plaintiff filed a Certificate of Merit under Code of Civil Procedure § 411.35. On January 11, 2018, Defendant filed a demurrer against Plaintiff's entire complaint. The court has c...

Excerpt: ...e Casino. He suffered injury while being transported by, and disembarking from, the bus. On July 13, 2015, plaintiff filed an Amendment to Complaint, substituting Yuan Fu Wang as defendant Doe 1. Trial is set for March 29, 2018. 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 R...

Excerpt: ...based on a slip and fall incident in her bathroom on September 13, 2013. On July 3, 2017, the court granted plaintiff's counsel's motion to be relieved as counsel, effective upon filing the proof of service of the order. On July 12, 2017, plaintiff's counsel filed a proof of service of the order. On December 5, 2017, the court granted defendants' motions to compel responses to supplemental discovery and request for admissions. The FSC/trial is se...

Excerpt: ...ked up and struck plaintiff's body. 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 pleading. The defendant . . . may file a motion for reclassification within the time allowed for that par...

Excerpt: ... train when her heel got stuck between the train and platform edge, which caused plaintiff to fall and seriously injure herself. On December 22, 2016, defendant filed an answer. Trial is set for May 2, 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(...

Excerpt: ...sed on common law, strict liability based on dog bite statute, and premises liability. On December 28, 2017, defendant Janette Sanchez filed a substitution of attorney. She is now representing herself. On February 5, 2018, defendant Lydio Sanchez filed an association of attorney, associating the law firm of Hanger, Steinberg, Shapiro & Ash. DISCUSSION Plaintiff requests an order compelling defendant Lydio Sanchez to appear for his deposition. CCP...

Excerpt: ...was lying on the third level of a ship bunk. She was suddenly thrown from her bunk to the floor below and sustained serious injuries. On January 27, 2017, plaintiff filed amendments to complaint, designating Triton Sourcing Inc as Doe 1 and Scott Chang as Doe 2. Trial is set for June 28, 2018. 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 cl...

Excerpt: ...Company, and Burdge & Associates Architects for premises liability. Plaintiff alleges that on November 13, 2014, while she was present at defendants' outdoor shopping mall, plaintiff tripped and fell as a result of an unmarked, unguarded height differential. Defendants' premises were negligently designed, built, owned, managed, inspected, operated, and maintained, thereby causing the premises to be in a dangerous condition. On May 1, 2017, plaint...

Excerpt: ...t that occurred on January 2, 2014. On December 19, 2017, plaintiff filed an amendment to the complaint, designating Sandra Ascencio as Doe 1. LEGAL STANDARD When considering demurrers, courts read the allegations liberally and in context. Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216, 1228. “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where...

Excerpt: ... the escalator when the escalator stopped and malfunctioned, causing plaintiff's injuries. Trial is set for March 6, 2018. 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 R...

Excerpt: ... bus became involved in an accident, injuring plaintiff. On September 18, 2017, City of Los Angeles, acting by and through the LA Department of Water and Power, filed a cross-complaint against LA County MTA for apportionment of fault, indemnification, and declaratory relief. On December 11, 2017, the court deemed BC669234 and BC670263 related. BC670263 On July 28, 2017, plaintiff Curtis Motel Holmes filed a complaint against defendant LA Departme...

Excerpt: ...at a Wendy's store, located in Culver City, she was assaulted and subjected to false imprisonment by a security guard employed by Prestige. KNJ contracted with Prestige to provide security services. On July 3, 2017, plaintiff filed an amended complaint asserting negligence, false imprisonment, assault, IIED, and negligent hiring and supervision. DISCUSSION Plaintiff Denise Orioli requests that the court quash and/or modify the subpoenas served up...

Excerpt: ...th February 15 and February 21. (The February 15 motion was subsequently cancelled by plaintiff.) On February 02, 2018, defendant Justin Terrance Gammage filed three identical oppositions, each stating that plaintiff's motions were improper, because plaintiff failed to first conduct an informal discovery conference. Defendant argued that all of plaintiff's discovery motions should be denied absent an IDC. Defendant further agreed to extend the fi...

Excerpt: ...ant Pham Tuy dba Velvet Nails for general negligence. She alleges that in September 2015, defendant's tools and facilities to perform manicures and pedicures on plaintiff were contaminated with an infectious fungus. She contracted a serious fungal infection in the nails of her fingers and toes that proved difficult and expensive to treat. On January 29, 2018, plaintiff's counsel filed a motion to be relieved as counsel, set for March 13, 2018. Tr...

Excerpt: ...hat the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010). “Failure to timely respond to RFA does not result in automatic admissions. Rather, the propounder of the RFA must ‘move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, a...

Excerpt: ...laintiffs filed CCP § 998 Offers to Compromise. It is unclear when these were accepted, but on November 17, 2017, plaintiffs filed a memorandum of costs, seeking costs for the suit. On December 07, 2017, defendant filed a motion to strike and/or tax costs. Subsequently on January 03, 2018, plaintiffs filed notices that the Offers to Compromise had been accepted. Additionally, on February 02, 2018, plaintiffs filed an opposition to defendant's mo...

Excerpt: ...es, California. Plaintiff alleges a Los Angeles County Sheriff's employee was driving a car and ran a red traffic light. On November 22, 2017, plaintiff filed a first amended complaint. On December 12, 2017, defendants filed this motion to strike plaintiff's prayer for punitive damages from the first amended complaint. On February 5, 2018, plaintiff filed an opposition to the motion to strike. On February 9, 2018, defendants filed a reply. Hearin...

Excerpt: ...aboghosian (4) Motion to Compel Responses to Interrogatories against Plaintiff Alen Karaboghosian (5) Motion to Deem Admitted Requests for Admissions against Plaintiff Alen Karaboghosian (6) Motion to Deem Admitted Requests for Admissions against Plaintiff Alfred Karaboghosian The court considered the moving papers. No opposition was filed. BACKGROUND On June 9, 2017, plaintiffs Alfred Karaboghosian and Alen Karaboghosian filed a complaint agains...

Excerpt: ...e other discovery, as to special interrogatories, plaintiff argues no responses were ever received. Plaintiff therefore requests that the court order defendant to provide responses. Plaintiff also requests $1,050.00 in sanctions. On February 06, 2018, defendant Justin Terrance Gammage filed an opposition stating that responses, without objections, were served on plaintiff on February 06, 2018. (Michaelson Decl. ¶ 2.) A copy of the responses were...

Excerpt: ...��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 reasonably deducible from the evi...

Excerpt: ...negligently left on the floor causing injuries and damages.” (Complaint, p. 5/12 ¶ Prem.L‐1.) On August 29, 2017, Plaintiff filed an amendment to the complaint, replacing a fictitious name with the true name of a defendant, On Camera Audience, Inc. (“On Camera”). After Plaintiff's fictitious name amendment, Defendants deposed Plaintiff's wife, Jean Gurr. Following the deposition, On Camera filed a motion for judgment on the pleadings on ...

Excerpt: ...d at Defendant's nightclub when she was knocked over, falling through a class table top. DISCUSSION Defendant seeks evidentiary and monetary sanctions against Plaintiff for failure to produce documents in response to Defendants Request for Production, Set Two. Alternatively, Defendant seeks an order compelling compliance and monetary sanctions. If a party fails to comply with a court order compelling discovery responses or attendance at a deposit...