Excerpt: ... Julie and David Courtney filed a cross-complaint for indemnity against Roes 1 through 20. On November 22, 2016, defendants filed an amendment to the cross-complaint, designating City of Pasadena as Roe 1. On April 6, 2017, pursuant to stipulation and order, the trial date was continued from June 19, 2017 to October 19, 2017. On April 21, 2017, City of Pasadena filed a cross-complaint against Julie and David Courtney. On September 13, 2017, the c...

Excerpt: ...ccurred on April 21, 2016. Trial is set for June 13, 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 interroga...

Excerpt: ...curred on June 22, 2015. Trial is set for October 3, 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 Rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notic...

Excerpt: ...efendant Los Angeles World Airports requests that the court order plaintiff to post a security undertaking in the amount of $24,606.60, 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 awarded in the action or special proceedin...

Excerpt: ...that a loose pole inside the business fell on plaintiff's foot. On April 20, 2017, the court granted plaintiff's counsel's motion to be relieved as counsel, effective upon the filing of a proof of service of the signed order granting attorney's motion to be relived as counsel. Counsel filed proof of service on April 28, 2017. On October 5, 2017, the court granted defendant's motions to compel discovery responses. DISCUSSION Defendant requests tha...

Excerpt: ... fall on April 21, 2016. She alleges that she was exiting a parking lot on sidewalk when she fell forward due to uneven, broken, not maintained, and in a dangerous condition walkway, owned, operated, controlled, and maintained by defendants. On June 19, 2017, plaintiff filed a request for dismissal as to County of Los Angeles. Trial is set for September 27, 2018. LEGAL STANDARD CCP § 428.50 states, “(a) A party shall file a cross-complaint aga...

Excerpt: ... date was continued from September 21, 2017 to January 29, 2018. On December 4, 2017, pursuant to stipulation and order, the trial date was continued from January 29, 2018 to March 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 se...

Excerpt: ...remises liability and negligence. She alleges that on December 11, 2013, she was at or near 17124 Prairie, in Northridge, when she stepped into a hole while crossing the street. On February 4, 2016, Hirsch and Dino Family Trust filed a cross-complaint against City of Los Angeles for apportionment of fault, indemnification, and declaratory relief. On February 10, 2016, City of Los Angeles filed a cross-complaint against Hirsch and Dino Family Trus...

Excerpt: ...nt to stipulation and order, the trial date was continued from October 20, 2017 to February 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 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 stipul...

Excerpt: ...0, 2018. BC670299 On July 28, 2017, plaintiff Brian Lee Augsbury filed a complaint against Hamilton for motor vehicle negligence. Trial is set for January 28, 2019. The cases were deemed related on November 13, 2017. 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...

Excerpt: ...intiff and Chill were approached from the opposite direction by Cho, who was walking Hazel. As the parties approached one another, Hazel suddenly lunged at Chill, biting him. Hazel also bit plaintiff multiple times on his hand and fingers. Plaintiff alleges that Ace of Hearts had a duty to the general public, including plaintiff, when entrusting and delegating the care, custody, and control of rescue dogs, such as Hazel, to “foster parents,” ...

Excerpt: ...omplaint alleges causes of action for premises liability, and negligence related to a slip and fall on Defendant's premises. // 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 the def...

Excerpt: ...e Howard Cooper, as trustees, et al. for negligence based on premises liability based on a trip and fall at defendants' premises at a mobile home park. 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 R...

Excerpt: ...collectively, “Defendants”), alleging causes of action for (1) Motor Vehicle – Personal Injury, and (2) Dangerous Condition of Public Property. Plaintiffs alleges that on August 9, 2014, Defendant Vega caused the accident that injured Plaintiffs. Plaintiffs also allege that the dangerous condition of public property caused the accident on August 9, 2014. On December 1, 2017, the State filed a demurrer to Plaintiffs' complaint and motion to ...

Excerpt: ...ical Associates of Los Angeles, Inc., Santa <00110003002f004c004e00 000f0003003000440055[tin Mortazavi, M.D., Ranbir Singh, M.D., Elaine S. Lee, M.D., and Robert J. Casey, M.D. for medical negligence and loss of consortium. 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...

Excerpt: ...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 served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. Leach v. Superior...

Excerpt: ...actice, negligence, and NIED. On October 27, 2017, the court granted defendant Moris Aynechi, M.D.'s motions to compel discovery responses. Trial is set for March 5, 2018. DISCUSSION Defendants request that the court impose terminating sanctions against plaintiff for her failure to comply with the court's order dated October 27, 2017. If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the c...

Excerpt: ... 2013, plaintiff Hugo Pablo Garcia filed a complaint against defendants Arturo Campos and Midvalley Yellow Cab Transportation, Inc. for negligence based on an October 28, 2012 incident, in City of West Covina. On March 26, 2015, a default judgment was entered against Arturo Campos and Midvalley Yellow Cab Transportation, Inc. for $150,810.36. On October 13, 2016, the court granted plaintiff's motion to amend judgment. The judgment was amended to ...

Excerpt: ... medical malpractice and loss of consortium. On September 1, 2016, plaintiffs filed a First Amended Complaint. On October 12, 2016, plaintiffs filed a Second Amended Complaint. On May 30, 2017, pursuant to stipulation and order, the trial date was continued from September 21, 2017 to February 13, 2018. DISCUSSION Defendant Nnaemeka Udoh, M.D. requests an order compelling plaintiff Theresa Arnold to execute an authorization for release of her Medi...

Excerpt: ...Hertz, M.D. for medical negligence. Trial is set for May 30, 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 wa...

Excerpt: ...dure section 2030.300(c), a party seeking an order to compel further responses to interrogatories is obliged to file a motion within 45 days of the receipt of the response or objections. This did not occur. Accordingly, this court is without jurisdiction to grant the relief requested. See Sexton v. Superior Court (1997) 58 Cal. App. 4 th 1403, 1410. The motion to compel further responses is DENIED as is plaintiff's request for sanctions. Moving p...

Excerpt: ...rial was continued from December 15, 2017 to June 1, 2018. DISCUSSION Plaintiff requests an order compelling defendant Robert Ayala 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 examination, or to proceed with it, or to produce for inspection any document . . . described in the ...

Excerpt: ...y Stores LLC for negligence and premises liability based on a slip and fall that occurred on November 30, 2014. On October 18, 2017, the court granted plaintiff's counsel's motion to be relieved as counsel. On November 13, 2017, the court signed the order granting plaintiff's counsel's motion to be relieved as counsel, effective upon the filing of the proof of service of the signed order. On November 20, 2017, plaintiff's counsel filed the proof ...

Excerpt: ...ital, D.D.S., Jorge Vital, D.D.S., Inc., Dental 4 Dental Office of Jorge Vital, D.D.S. for medical malpractice and loss of consortium. On May 9, 2017, the court granted plaintiffs' counsel's motion to be relieved as counsel. On May 11, 2017, plaintiffs' counsel filed proof of service of the court's ruling. On October 23, 2017, the court granted defendant Ana Rankovic, D.D.S. dba Smile with Us Dental Office of Ana Helena Rankovic, D.D.S.'s motion ...

Excerpt: ...tiff filed a substitution of attorney. He is now represented. LEGAL AUTHORITY CCP § 473 states, in relevant part: “(b) 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 no case exceeding six mont...