Excerpt: ... party against whom a cause of action has been asserted in a complaint or cross-complaint may file a cross-complaint setting forth either or both of the following: (a) Any cause of action he has against any of the parties who filed the complaint or cross-complaint against him. Nothing in this subdivision authorizes the filing of a cross- complaint against the plaintiff in an action commenced under Title 7 (commencing with Section 1230.010) of Par...

Excerpt: ...ung (“Defendants”). On May 31, 2018, Defendants filed a demurrer to the second cause of action for negligence and a motion to strike portions of the complaint. Plaintiff's complaint arises from an alleged battery by Titus Young (“Titus”) against Plaintiff. According to the FAC, Titus is a troubled former NFL professional football player with a history of violence and drug use. (FAC ¶¶ 2, 8.) Defendants are Titus's parents. (FAC ¶ 7.) D...

Excerpt: ... Mario's Trucking Corporation for Doe 1. On June 1, 2017, Defendants Hernandez-Quevedo and Ecology Auto Parts filed a cross- complaint against Mario's Trucking Corporation for implied indemnity, equitable apportionment of fault, contribution, and negligence. On January 19, 2018, Defendants/Cross-Complainants Hernandez-Quevedo and Ecology Auto Parts filed a notice of settlement, stating that they had reached a settlement with Plaintiff. On Februar...

Excerpt: ... collision. On November 1, 2017, Defendant Kim O. Adams filed an answer to complaint. On April 11, 2018, Plaintiff filed an amendment to complaint, substituting in Young Kim for Doe 1. On May 14, 2018, Plaintiff filed an amendment to complaint, correcting Young Kim's name to Yong Pun Kim. On May 15, 2018, Defendant Yong Pun Kim filed an answer to complaint. On June 1, 2018, the court denied Defendants' ex parte application to continue trial. The ...

Excerpt: ...and recovery of damages under Vehicle Code § 17150 arising from a motor vehicle accident. DISCUSSION Defendants request an order compelling Verizon Wireless Services, Inc. to comply with a subpoena for cell phone records, or in the alternative, for an order that Sarkis Muradyan consent to the release of his cell phone records. CCP section 1987.1 provides that “[i]f a subpoena requires the attendance of a witness or the production of books, doc...

Excerpt: ...ed at 5432 Elmbank Road in Rancho Palos Verdes when the top window dropped and amputated plaintiff's fingertip. Plaintiff alleged the defendants negligently maintained the window so as to proximately cause its fall and the ensuing injury, and sought damages of at least $25,000. On July 24, 2017, the Court granted defendants' motion to compel responses to interrogatories and to pay monetary sanctions of $275.63. No written opposition had been file...

Excerpt: ...Where there has been no timely response to a CCP §2031.010 demand, the demanding party must seek an order compelling a response. CCP §2031.300. Failure to timely respond waives all objections, including privilege and work product. Thus, unless the party to whom the demand was directed obtains relief from waiver, he or she cannot raise objections to the documents demanded. There is no deadline for a motion to compel responses. Likewise, for fail...

Excerpt: ...to the complaint. Defendant filed a notice of non-opposition on June 21, 2018. Plaintiff's Complaint arises from motor vehicle accident where Defendant's employee Naftali Martinez negligently crashed his vehicle and caused damages to Plaintiff on January 8, 2016. (Compl. p. 4.) /// Defendant's Demurrer to the Complaint Defendant demurs to the entire complaint on the grounds that Plaintiff failed to allege factual compliance with the government to...

Excerpt: ...illiam 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 the complaint, ...

Excerpt: ...injury complaint arising from a traffic collision where he was a passenger in an ambulance. On December 20, 2016, Ban died. One year later, on December 21, 2017, Plaintiff Sokkhim Lay (“Lay”), the surviving sister of Ban, filed a motion for order granting her to substitute in as a successor in interest to Ban in BC584027. The Court granted this motion on March 22, 2018. In the BC697818 action, Lay filed a wrongful death action against South B...

Excerpt: ...ursuant 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 an ex parte application under t...

Excerpt: ...nt. The trial date is set for October 10, 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 stipulated to by the parties, must make the request for a co...

Excerpt: ...22, 2018. Defendant Paul Serrano's Motion for Summary Adjudication is set for November 9, 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 stipulated t...

Excerpt: ...y set for November 6, 2017. The parties then stipulated to continue trial to March 20, 2018. The parties again stipulated to continue trial to August 20, 2018, but the court declined to extend the discovery cut-off to the new date. LEGAL STANDARD Reopen Discovery CCP § 2024.050 states: (a) On motion of any party, the court may grant leave to reopen discovery after a new trial date has been set. This motion shall be accompanied by a meet and conf...

Excerpt: ... On May 16, 2018, Defendant 4Over LLC (“Defendant”) filed a demurrer to the Complaint. Plaintiff's Complaint arises from injuries from a fall off a ladder. Plaintiff was employed by defendant AA1 (“AA1”), a company that manufactures and installs advertising signs. (Compl. ¶ 9.) In January 2017, AA1 received an order from Defendant to install a sign above a warehouse loading dock owned by Defendant (the “premises”). (Compl. ¶ 11.) On...

Excerpt: ...rnment Code section 835. On May 29, 2018, Defendant County of Los Angeles (“Defendant” or the “County”) filed a demurrer to the complaint. Plaintiffs filed their opposition on June 15, 2018. Defendant filed a reply on June 21, 2018. Plaintiff's complaint arises from the death of Decedent Stefan Habelmann (“Decedent”), Plaintiffs' father. (Compl. ¶ 1.) On March 4, 2017, Decedent was operating his motorcycle eastbound on Oxnard Street ...

Excerpt: ...lenn Ryan, Plaintiff's father, died from sequalae of blunt force trauma of neck as a direct and proximate result of the failure to properly own, operate, posses, design and manage a staircase at an apartment complex. The staircase lacked proper guarding or fencing. The complaint named Patrick Bryant, a son of the decedent, as a nominal defendant for the wrongful death action. On April 6, 2018, nominal defendant Patrick Bryant, in pro per, filed a...

Excerpt: ...23, 2015. On November 16, 2017, defendant Methodist Hospital of Southern California was dismissed from the action with prejudice. Trial is set for August 9, 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 d...

Excerpt: ...s Angeles (“City”), Elat Capital, LLC (“ECL”), Farhad Kamani (“Kamani”), Elat Market, Inc. (“EMI”) (erroneously sued as Elat Kosher Market, Inc.) (collectively, “Defendants”). On December 17, 2015, Plaintiff was allegedly walking on Wooster Street from the Elat Kosher Market (the “Elat Market”) to her car when she tripped and fell as a result of her left foot hitting the edge of a cracked hole on the sidewalk. (Compl. ¶ 1...

Excerpt: ...nd statutory liability based on a car accident on June 13, 2014. On December 12, 2017, the court granted plaintiff's counsel's motion to be relieved as counsel. On April 18, 2018, the court granted defendants' motions to compel responses to special interrogatories and supplemental discovery. DISCUSSION Defendants request that the court impose terminating sanctions against plaintiff for his failure to comply with the court's order dated April 18, ...

Excerpt: ... was continued from March 29, 2018 to July 24, 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 stipulated to by the parties, must make the request for...

Excerpt: ...lleging two causes of action for 1) negligence and 2) premises liability. On May 30, 2018, Defendant filed a demurrer to the FAC. Plaintiff filed an opposition on June 7, 2018. Plaintiff's FAC arises from a slip and fall incident at a public transit center in Los Angeles known as Pershing Square. Plaintiff alleges that on August 24, 2016, Plaintiff was at Pershing Square, which is controlled by Defendant. (FAC ¶¶ 12-13, 15.) Plaintiff was walki...

Excerpt: ...tion West Inc. regarding a motor vehicle incident that occurred on June 14, 2017. Trial is set for January 10, 2019. LEGAL STANDARD CCP § 473(a)(1) provides, in relevant part: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may,...

Excerpt: ... negligence. Plaintiff alleges that on August 13, 2015, he sustained a left knee injury after falling off a four-foot stage during a school's picture day event with his daughter. Trial is set for November 14, 2018. LEGAL STANDARD CCP § 473(a)(1) provides, in relevant part: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any par...

Excerpt: ...ert, LLC (“Defendant”) as Doe 1. On June 4, 2018, Defendant filed a demurrer to the complaint. Plaintiff's complaint arises from a traffic collision. Plaintiff alleges that on September 10, 2014, Heredia was negligent in the operation of his vehicle and struck Plaintiff's vehicle, causing personal injuries. (Compl. pp. 4-5.) // Defendant's Demurrer to the First Cause of Action Defendant demurs to the general negligence claim, arguing that it ...

Excerpt: ...egligence against several defendants including Bellflower Unified School District (“Defendant”). On December 19, 2017, Defendant demurred to the initial Complaint. On February 23, 2018, the Court sustained the demurrer with leave to amend. On March 15, 2018, Plaintiff filed a First Amended Complaint (“FAC”), alleging (1) general negligence and (2) premises liability. On April 19, 2018, Defendant filed a demurrer to the <005300520056004c00...

Excerpt: ...dant”) filed a demurrer to the willful misconduct cause of action and a motion to strike specific damages requests. Plaintiff filed an opposition to both on May 30, 2018. Defendant filed replies on June 19, 2018. Plaintiff's complaint arises from alleged medical negligence regarding her birth. Prior to her birth on December 22, 2014, Plaintiff's mother Irais Garcia (“Irais”) was treated at co- defendant Providence Little Company of Mary Med...

Excerpt: ... 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. Plaintiff's FAC arises from injuries sustained from ...

Excerpt: ...g Metro Air Service Inc. as Doe 1. DISCUSSION Pursuant to CCP § 387(a) [which is now §§ 387(d)(1) and (d)(2)] and Labor Code § 3852, Federal Express Corporation (“Federal Express”) 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 co...

Excerpt: ...aintiff amended the complaint to include Beacon Films, LLC. On February 24, 2017, defendant Turner filed an answer. On May 17, 2017, Beacon filed an answer. On February 15, 2018, pursuant to stipulation and order, the trial date was continued from June 6, 2018 to September 24, 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 coun...

Excerpt: ...y) based on a trip and fall incident on June 20, 2014. Trial is set for August 1, 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...

Excerpt: ...granted defendant's motions to compel discovery responses. Trial is set for August 6, 2018. DISCUSSION Defendant requests an order to compel the neuropsychological examination of plaintiff on June 27, 2018 at 9:00 a.m. with James R. High, M.D. at 501 Santa Monica Boulevard, Suite 400, Santa Monica, California 90401. “As a general matter, a defendant may obtain a physical or mental examination of the plaintiff, in accordance with those provision...

Excerpt: ...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, electronically stored information, or tangible thing described in the deposition notice the party giving the notice may move for an order compelling the deponent's attendance and testimony. . . .” (CCP § 2025.450(a).) “The motion shall be accompanied by a mee...

Excerpt: ...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. The Court ordered defendant to re-propound the granted requests with limitations as to time and with narrower definitions. Defendant served the amended requests on <0047000300550048005600 00510003002400530055[il 27, 2018. Defendant contends...

Excerpt: ...d fall incident on November 20, 2013. Defendants Kor and Lee move for summary judgment. 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 Proce...

Excerpt: ... 6, 2016, plaintiff Margarita Garcia filed a complaint against defendant City of Los Angeles for premises 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...

Excerpt: ...lez filed a complaint against White Memorial Medical Center, Paul Baylon, M.D., General Surgeons of Long Beach, Kim Warner, M.D., White Memorial GYN/OB Medical Group, Martha Rivera, M.D., Vasanti Voleti, M.D., and White Memorial Pediatric Medical Group, for medical negligence. The only remaining defendant is Paul Baylon, M.D. DISCUSSION The motion is CONTINUED to allow petitioner to address the following deficiencies: 1. Petitioner failed to expl...

Excerpt: ...��) 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 opposition. On...

Excerpt: ...ant. On April 6, 2018, defendant filed an answer. On March 3, 2018, defendant filed an ex parte application for continuance of trial. The court denied the ex parte application on insufficient showing of irreparable harm, immediate danger or any other basis which relief may be granted ex parte. On May 8, 2018, defendant filed the herein motion to continue trial. Trial is set for July 24, 2018. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “To e...

Excerpt: ...pearances at the Final Status Conference. On February 14, 2017, no one appeared for the jury trial, and the court dismissed the case without prejudice, pursuant to CCP § 581(b)(3). On September 22, 2017, the court granted plaintiff's motion to vacate the order of dismissal and set an Order to Show Cause re why the action should not have been dismissed for failure of plaintiff to serve for November 21, 2017 and a Trial Setting Conference. On Nove...

Excerpt: ..., M.D., Mohammed W. Khalife, M.D., San Dimas Community Hospital, and Prime Healthcare Services, Inc. for wrongful death, medical malpractice, and IIED. On November 1, 2017, defendant Dr. Atil served a Notice of Stay of Proceedings based on the liquidation of the insurance company, which held Dr. Atil's insurance policy covering the claims in this case. On November 17, 2017, the court granted defendant Dr. Atil's counsel's motion to be relieved. O...

Excerpt: ...pursuant to stipulation and order, the trial date was continued from September 13, 2016 to January 17, 2016. On November 14, 2016, pursuant to stipulation and order, the trial date was continued from January 17, 2017 to March 21, 2017. On February 28, 2017, pursuant to stipulation and order, the trial date was continued from March 28, 2017 to October 27, 2017. On August 15, 2017, pursuant to stipulation and order, the trial date was continued fro...

Excerpt: ...rom 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. On March 22, 2018, the court granted plaintiff's motion to continue trial. The trial is set for October 16, 2018. DISCUSSION Plaintiff requests that the court appoint an accident recon...

Excerpt: ...medical clinic for laser hair removal treatment. Defendant Matilda Ahangari argued with plaintiff about the price of the laser hair removal treatment. Plaintiff alleges that Ahangari then angrily and deliberately applied laser treatment to plaintiff's body knowing that the settings of the laser gun used for the treatment and/or the length of time the laser was applied to plaintiff's skin would cause severe burns to delicate regions of plaintiff's...

Excerpt: ...f alcohol, defendant operated a motor boat negligently, carelessly, and recklessly and caused the boat to flip over resulting in the death of Jennifer Renee Martin. DISCUSSION Defendant requests that the court stay the civil action pending resolution of the parallel criminal investigation of the State of Arizona for the Mohave County Superior Court of Arizona. In the alternative, defendant requests a stay of all discovery in this action for a per...

Excerpt: ...Guy, Jr. and Isaac Moultrie for motor vehicle negligence based on an incident that occurred on February 7, 2017. On February 27, 2017, Gregory Guy, Jr. filed a cross-complaint against Isaac Moultrie. On December 15, 2017, plaintiff's counsel filed a substitution of attorney. Plaintiff is representing herself. On February 2, 2018, plaintiff (self-represented) filed a First Amended Complaint. Trial is set for April 5, 2019. LEGAL STANDARD Interroga...

Excerpt: ...pers. No opposition was filed. 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 December 1...

Excerpt: ...yan, 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 that defendants failed to secure payment of workers' compensation benefits as required by Labor Code §3700. On September 18, 2015, plain...

Excerpt: ...or vehicle negligence based on an incident that occurred on February 11, 2016. On July 18, 2017, a Clerk's Notice of Voiding of Filing was filed and served on Eduardo Malacara and Law Offices of Jeff Mann. The complaint was voided pursuant to Gov. Code §68634(g). DISCUSSION Plaintiff requests that the court vacate and set aside the “dismissal” of this action on the grounds that the “dismissal” was the result of extrinsic mistake and/or f...

Excerpt: ...fendant AHMC Greater El Monte Community Hospital's motion from April 30, 2018 June 20, 2018 to allow for 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....

Excerpt: ...tion and order, the trial date was continued from February 28, 2018 to June 28, 2018. On January 8, 2018, pursuant to stipulation and order, the trial date was continued to August 17, 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 see...

Excerpt: ...cy 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. On January 23, 2018, the hearing was continued to June 20, 2018. BACKGROUND This is a trip and fall case. On April 27, 2015, plaintiff Suzanne Sacco filed a complaint for premises liability and gen...

Excerpt: ...otor vehicle negligence. Plaintiff alleges that on October 24, 2016, he was a passenger when a collision resulted. On January 17, 2018, the court granted plaintiff's counsel's motion to be relieved as counsel, effective upon the filing of the proof of service of the signed order upon plaintiff. On February 13, 2018, plaintiff's counsel filed the proof of service of the order. On April 11, 2018, the court granted defendant's motion to compel plain...

Excerpt: ...gainst defendant Los Angeles County Sheriff's Department for motor vehicle negligence based on an incident that occurred on January 25, 2017. 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 <00030045004800030...

Excerpt: ... M.D. and PIH Health aka PIH Healthcare Solutions aka PIH Health Hospital for medical malpractice. Pursuant to stipulation and order, the trial date was continued from June 5, 2017 to October 20, 2017. The statutory cut-off dates were continued and calculated based on the new trial date. On August 24, 2017, the court granted an ex parte application to continue the trial date. The trial was continued to February 2, 2018 and the discovery and motio...

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: ...��) filed a demurrer to the complaint. Plaintiff filed an opposition on June 5, 2018. Defendant filed a reply on June 8, 2018. Plaintiff's complaint arises from alleged medical negligence stemming from the clearance for a biopsy in 2016. In 2012, Plaintiff began consulting a cardiologist Jay Schapira M.D. (“Dr. Schapira”) and Defendant for his heart health. On January 15, 2016, Plaintiff was evaluated by Dr. Schapira's nurse practitioner Nanc...

Excerpt: ... US Holdings, Inc., for premises liability and general negligence based on an escalator incident that occurred on January, 31, 2015 at Universal CityWalk. On March 17, 2017, plaintiff filed an amendment to the complaint to add defendant NBCUniversal LLC, herein named Universal City Studios, LLC. On April 23, 2018, pursuant to stipulation and order, the trial date was continued from July 9, 2018 to October 9, 2018. LEGAL STANDARD Pursuant to CRC R...

Excerpt: ...aintiff Daniela Koiman filed a complaint against defendants Kenneth Walker, Carlos H. Nunez, and Pablo Reyes Rios for motor vehicle negligence. On January 28, 2015, plaintiff filed a First Amended Complaint. On December 23, 2015, Pablo Reyes Rios filed a cross-complaint against Abel Garcia for apportionment and partial indemnity. On April 24, 2018, the court continued the hearing for the herein motion to June 14, 2018 to allow defendant Rios to p...

Excerpt: ...sis test on the decedent, which resulted in his death on May 11, 2017. On January 30, 2018, plaintiff filed a first amended complaint that omitted the words “careless, reckless, unskilled, unlawful, tortious, wanton, and wrongful” from paragraph 10. On May 8, 2018, plaintiff filed a second amended complaint that added plaintiff Ileane Brones as a plaintiff. On May 17, 2018, plaintiffs filed the herein motion for preferential setting of trial ...

Excerpt: ...LEGAL STANDARD Where there has been no timely response to a CCP §2031.010 demand, the demanding party must seek an order compelling a response. CCP §2031.300. Failure to timely respond waives all objections, including privilege and work product. Thus, unless the party to whom the demand was directed obtains relief from waiver, he or she cannot raise objections to the documents demanded. There is no deadline for a motion to compel responses. Lik...

Excerpt: ...m. DISCUSSION Defendant Arthur William Ronnie requests that the court quash the deposition subpoenas for the production of business records issued by plaintiffs to University of California San Francisco Medical Center and R. Alan Shelton, M.D. 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 ...

Excerpt: ...ebruary 9, 2015. On July 10, 2017, plaintiff filed an amendment designating Kimberly Everett as Doe 2. On May 1, 2018, the court deemed related BC643585 and BC647389. 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 b...

Excerpt: ...a slip and fall on October 6, 2014. 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 the tri...

Excerpt: ...13, 2018. BACKGROUND On August 16, 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 judg...

Excerpt: ...uedo, and Emilio Morales for survival action, loss of consortium, and wrongful death. Plaintiffs allege that on December 30, 2014, at approximately 3:00 a.m., Rafael Hernandez was operating his Freightliner Olympian truck on I-605. His truck was stopped in the number three lane behind other traffic, and behind an International truck owned by A & R Transportation. Defendant Morales was operating a Freightliner Century Class truck owned and operate...

Excerpt: ...uedo, and Emilio Morales for survival action, loss of consortium, and wrongful death. Plaintiffs allege that on December 30, 2014, at approximately 3:00 a.m., Rafael Hernandez was operating his Freightliner Olympian truck on I-605. His truck was stopped in the number three lane behind other traffic, and behind an International truck owned by A & R Transportation. Defendant Morales was operating a Freightliner Century Class truck owned and operate...

Excerpt: ...Real Estate, and Option One Realty and Investments for negligence and strict liability based on a dog bite incident that occurred on May 8, 2014. On March 1, 2018, the court granted defendants Alonso Magallanes and Oscar Morales' motion for summary judgment. 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 whethe...

Excerpt: ...Real Estate, and Option One Realty and Investments for negligence and strict liability based on a dog bite incident that occurred on May 8, 2014. On March 1, 2018, the court granted defendants Alonso Magallanes and Oscar Morales' motion for summary judgment. 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 whethe...

Excerpt: ...387(a)), Business Alliance requests leave to file an answer in intervention on behalf of its insured El Pescado Restaurant. 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 intervene. (B) The person seeking intervention claims an interest relating to the prope...

Excerpt: ... 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 March 14, 2018, the court granted plaintiff's counsel's motion to be relieved as counsel Trial is set for January 22, 2019. DISCUSSION Defendant requests that the court impose ter...

Excerpt: ...ms 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 irrelevant, false or improper matter, or has not been drawn or filed in conformity with laws. CCP § 436...

Excerpt: ... supervision, and retention, (2) negligent infliction of emotional distress, and (3) premises liability. On December 21, 2017, plaintiff filed an amendment designating Zonda Enterprises Inc as Doe 1. 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 ...

Excerpt: ...eral negligence. Plaintiff alleges that on September 2, 2015, she went to Esther Lindstrom Elementary School to pick up her nephew's stepchildren. Plaintiff was required to come to the classroom once the bell rang. The bell rang at about 1:35 p.m., at which time the children from the whole school charged the gate as a mob, creating a dangerous condition for the parents and responsible adults who were present. Plaintiff had gotten about 15 feet in...

Excerpt: ...ng for premises liability. Plaintiff alleges that on April 18, 2015, he was lawfully on the premises when suddenly and without notice, he was struck by a large outdoor patio umbrella that was not properly secured and presented a dangerous condition. On January 31, 2018, defendant Loews Santa Monica Hotel, Inc. filed an answer. On April 3, 2018, the court deemed admitted the matters in plaintiff's requests for admission, set one, against defendant...

Excerpt: ..., 2017, plaintiff Jessica Harris filed a complaint against defendant Erica Doyon for motor vehicle negligence based on an incident that occurred on February 25, 2016. On February 9, 2018, defendant filed a Notice of Change of Handling Attorney and Firm Location. 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...

Excerpt: ...uary 2, 2018, plaintiff filed an amendment designating Hayke Gevorkyan as Doe 1. On March 9, 2018, plaintiff filed an amendment designating Frontline Protection Inc. as Doe 2. 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 fi...

Excerpt: ...ope of his employment with Universal Protection Services as a security guard on the premises of Golden State Foods Corp. when the arm of a mechanical gate struck him. On July 19, 2017, plaintiff filed a First Amended Complaint. The trial date is set for November 8, 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 di...

Excerpt: ...st defendants LA County MTA, City of Los Angeles, County of Los Angeles, and Raymond Vargas Jaramillo for motor vehicle negligence and public entity liability based on an incident that occurred on June 28, 2016. Trial is set for November 13, 2018. LEGAL AUTHORITY 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...

Excerpt: ...or medical malpractice. On February 14, 2018, plaintiff filed a substitution of attorney. Plaintiff is representing himself. LEGAL STANDARD 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 sho...

Excerpt: ... allege that plaintiff Ila was at Sherman Oaks Galleria where she took an escalator from the first floor to the second floor. Her right big toe got caught in the “teeth” at the top of the escalator as it existed onto the second floor, causing plaintiff to suffer serious injuries. On January 11, 2018, pursuant to stipulation and order, the trial date was continued from March 14, 2018 to July 12, 2018. On February 15, 2018, plaintiff filed an a...

Excerpt: ...Sunrise Medical Center for medical malpractice. Plaintiff alleges that while he was playing the slot machine on the first floor at Treasure Island, a piece of wood and metal that were attached to the slot machine became dislodged and slammed into plaintiff's leg, causing an open wound and required plaintiff to be transported to the hospital. On May 10, 2018, the court granted Treasure Island LLC's motion to quash service of the summons and compla...

Excerpt: ... Mohamedcassim. On February 1, 2018, at an OSC re dismissal for failure to serve summons and complaint, plaintiffs' counsel reported that he believed that defendant was evading service. The matter was continued to May 1, 2018 to allow time for plaintiff to complete service. On May 1, 2018, at an OSC re dismissal for failure to file proof of service of summons, there were no appearances and the case was dismissed without prejudice. LEGAL AUTHORITY...

Excerpt: ... LAX on June 16, 2015. 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 served on the op...

Excerpt: ...on and order, the trial date was continued from February 2, 2018 to August 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(b), “A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the par...

Excerpt: ...of public property, premises liability, and general negligence based on a trip and fall on a steel- like plate on a cross-walk on January 16, 2017. On April 20, 2018, the court granted defendants Skanska-Traylor-Shea, LA County MTA, and City of Los Angeles' motion to have requests for admission deemed admitted. Defendants' motion for summary judgment is set for November 7, 2018. The trial date is set for December 28, 2018. LEGAL STANDARD The cour...

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 o...

Excerpt: ...e negligence based on an incident that occurred on April 9, 2014 (as to Jimenez) and an incident that occurred on June 27, <00440057004c0052005100 0c0011000300030003[ On June 23, 2016, Akkari filed a cross-complaint against Jimenez for equitable indemnification, contribution, declaratory relief, and apportionment of fault. <00450048004b0044004f00 00530048005100470048[d corporation Noho Airport Transportation filed a complaint in intervention. On ...

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: ...dangerous propensity), and (4) leash law—strict liability—Los Angeles Muni Codes 10.32.010 and 10.37.180. 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...

Excerpt: ...a First Amended Complaint. DISCUSSION Defendant West Hills Surgical Center, Ltd. (“West Hills”) requests that the court determine that the settlement between plaintiff and West Hills was made in good faith. In City of Grand View Terrace v. Superior Court (1987) 192 Cal. App. 3d 1251, 1261, the court provided the following guidance regarding a motion for a good faith settlement determination: This court notes that of the hundreds of motions fo...

Excerpt: ... Richarz for premises liability based on a fall down stairs on July 17, 2014. 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...

Excerpt: ...cedent Ida Beckwith through defendant Access Services to provide disability transportation services for Ida, who was disabled, to her medical facility for dialysis. Defendants failed to provide adequate and/or appropriate assistance into the vehicle causing Ida to fall and strike her head. Then Doe 1 driver negligently failed to promptly and immediately call paramedics or to the hospital. Plaintiffs are requesting general damages. DISCUSSION Plai...

Excerpt: ... 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 that defendants failed to secure payment of workers' compensation benefits as required by Labor Code §3700. On September 18, 2015, plaintiff filed an amendment designating Varouzhan Tatoian as Doe 21. On January 7, 2016 a defa...

Excerpt: ...rompt 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 an ex parte application under the rules in chapter 4 of this division, with supp...

Excerpt: ...negligence, premises liability, and loss of consortium based on a trip and fall incident that occurred on September 4, 2017. Trial is set for August 14, 2019. 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 as ...

Excerpt: ...2016, defaults were entered against defendants. On December 29, 2017, a default judgment was entered against defendants. LEGAL STANDARD “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” CCP § 473(d). CCP...

Excerpt: ...ant's attorneys of record, The Law Offices of McDowell Shaw Garcia & Mizell;  Defendant's attorneys may not disseminate any of plaintiff's attorney-client communications, including plaintiff's retainer agreement, to anyone including new counsel;  Mike Kowalski shall provide an under oath accounting of all of plaintiff's attorney-client communications in their possession within five days, including the description of the document, when it wa...

Excerpt: ... 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 served on the opposing party, that the time to respond has expired, and that no response...

Excerpt: ..., Inc., and Shawn Anthony Smith for (1) motor vehicle negligence, negligent entrustment, negligent hiring, negligent undertaking, negligent retention, negligent supervision, and negligent training, and (2) negligence per se. 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 strik...