Excerpt: ... is set for January 7, 2019. 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 ...

Excerpt: ... 2016, plaintiff filed a Second Amended Complaint (“SAC”) for negligent supervision. On September 14, 2017, plaintiff filed a substitution of attorney, stating that minor's new legal representative is the guardian ad litem. At the hearing on the motion for summary judgment, on December 21, 2017, the court found that the substitution of attorney filed on September 14, 2017 by plaintiff's guardian ad litem was improper and that plaintiff's coun...

Excerpt: ...8. LEGAL STANDARD Protective orders may be granted on motion of the deponent or any party, or any third person who could be affected by the disclosure (e.g., a nonparty whose privacy would be impaired). CCP §2025.420(a). A formal noticed motion and hearing are always required. A protective order cannot be granted ex parte. St. Paul Fire & Marine Ins. Co. v. Superior Court (1984) 156 Cal. App. 3d 82, 85-86. The motion must be accompanied by a dec...

Excerpt: ...e Ranch Chop House, LLC, Saddle Ranch Chop House, and REA 2003-1, LLC dba Saddle Ranch Chop House for general negligence, premises liability, and products liability based on a fall off a mechanical bull. Trial is set for November 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...

Excerpt: ...for motor vehicle negligence based on an incident that occurred on September 11, 2016. Plaintiff alleges she was a passenger in a vehicle that defendant Ligon was driving as a part of Lyft's rideshare service. Within moments plaintiff first entered the vehicle, Ligon recklessly operated the vehicle so as to make an illegal left turn through a busy intersection, despite clear signage prohibiting same. Ligon's illegal maneuver placed him in the pat...

Excerpt: ...plaintiffs filed a First Amended Complaint. On October 12, 2016, plaintiffs filed a Second Amended Complaint (“SAC”). On May 30, 2017, pursuant to stipulation and order, the trial date was continued from September 21, 2017 to February 13, 2018. 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...

Excerpt: ...for indemnity, contribution, and declaratory relief. Trial is set for September 28, 2018. DISCUSSION Defendant and cross-defendant Cloyd Arellano Dela Cruz requests that the court determine that the settlement between plaintiff and Dela Cruz is in good faith and that claims for equitable comparative contribution or partial, comparative, or total indemnity are dismissed and/or barred under CCP §§877 and 877.6(c). In City of Grand View Terrace v....

Excerpt: ... 27, 2014. On September 8, 2017, the court granted defendant's motions to compel supplemental discovery. Trial is set for March 19, 2018. DISCUSSION Defendant requests that the court impose terminating sanctions against plaintiff for her failure to comply with the court's order dated September 8, 2017. Defendant further requests monetary sanctions against plaintiff and her counsel of record. If a party fails to comply with a court order compellin...

Excerpt: ...o reasonably secure plaintiff in his wheelchair inside the motor vehicle, which they operated for the County of Los Angeles. They failed and refused to do so, causing plaintiff to strike his head. Trial is set for June 18, 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 n...

Excerpt: ...gligence based on an incident that occurred on March 29, 2015. The trial date is April 16, 2018. DISCUSSION Defendants and cross-complainants Turo, Inc., Anna Ziozina, and defendant Tedrick Kelly request an order compelling plaintiff to comply with defendants' Amended Demand for Plaintiff to Submit to an Independent Medical Examination (oralfacial pain) by providing an oral history of her injuries and complaints to defense medical examiner, Kevin...

Excerpt: ...ujillo and Standard Parking Corp. for assault, battery, and NIED. On April 14, 2016, plaintiff filed a FAC for the same. On July 19, 2016, the SAC was deemed filed pursuant to a stipulation and order. Plaintiff is asserting causes of action for assault, battery, and general negligence. On September 27, 2016, the court sustained SP Plus Corp.'s demurrer with leave to amend based upon offer of proof, to wit, plaintiff can allege “information and ...

Excerpt: ... papers. BACKGROUND On January 25, 2016, plaintiffs Allen Richman and Ann Richman filed a complaint against defendant James George Burnett for motor vehicle negligence based on an incident that occurred on February 4, 2014. On May 9, 2017, defendant filed an answer. On June 5, 2017, pursuant to stipulation and order, the trial date was continued from July 25, 2017 to October 17, 2017. On September 20, 2017, at an ex parte hearing, the court conti...

Excerpt: ...2, she was a student at APU and was a participant in defendant's Cheer Team coached by Rosie Francis, and helped promote defendant's athletic teams and encourage athletic fans. She was required to do tumbling, standing back handspring, and participated in stunts involving girls projected into the air or flying. During stunting that included flying, plaintiff suffered three distinct injuries doing advanced stunts that plaintiff and the participant...

Excerpt: ...smine Ingram for general negligence and premises liability based on a slip and fall on June 21, 2013. 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 order of...

Excerpt: ...d Ship Center when defendant accidentally drove her vehicle through the plate glass window at the FedEx location. As a result, plaintiff fell over and a shelf then fell on top of her. Trial is set for July 16, 2018. BC643457 On December 9, 2016, plaintiff Shalonda Dartis filed a complaint against defendants Michael P. Flattery, mdiv. and as trustee, and Sally Fleming, mdiv. and as trustee for negligence and premises liability. Plaintiff alleges t...

Excerpt: ...e and common carrier negligence based on an incident that occurred on April 21, 2017. On August 14, 2017, Uber Technologies filed a cross-complaint against Stephanie Moon. On September 1, 2017, Jinsung Moon and Stephanie Moon filed a cross-complaint against Jeffrey Cullen and Uber Technologies. LEGAL STANDARD CCP § 438 states, in relevant part: “(b)(1) A party may move for judgment on the pleadings. . . . (c)(1) The motion provided for in this...

Excerpt: ...ustee of Revocable Trust of Gloria C. Lee-Ford (“the Trust”). Both Defendants demurred to the First Amended Complaint. The court sustained the demurrer with leave to amend. On September 25, 2017, Plaintiff filed her Second Amended Complaint (“SAC”), alleging causes of action for: (1) assault, (2) battery, (3) intentional infliction of emotional distress, and (4) negligence. On December 4, 2017, the Trust filed a demurrer to Plaintiff's SA...

Excerpt: ...ebruary 5, 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 continuance by a noticed motion o...

Excerpt: ...order, the trial date was continued from July 25, 2017 to October 17, 2017. On September 20, 2017, at an ex parte hearing, the court continued the trial date to February 20, 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 con...

Excerpt: ...plaint against Bateman for apportionment of fault, indemnification, declaratory relief, and trespass. On September 25, 2017, plaintiff filed an amendment to complaint, designating Benjamin Vargas as Doe 1. Trial is set for February 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 client and it does not disrupt the orderly process of j...

Excerpt: ...Approve Compromise of the Pending Action on behalf of minor claimant Destiny Reyes. Pursuant to California Rules of Court, Rule 7.952(a), petitioner and minor claimants are required to attend the hearing on the petitions. BACKGROUND On January 10, 2017, plaintiffs Destiny Reyes and Stephanie Guzman, by and through their guardian ad litem, Luz Guzman, Luz Guzman, and Santiago Rosa filed a complaint against defendant Manuel Ernesto Wong for motor v...

Excerpt: ...no Reyes, M.D., Bienvenido Ocampo Jao, M.D., Charles Chiu-Sung Chang, M.D., Fang-Yu Chao, M.D., and Hai Duc Luu, D.O., and Weber Chen, M.D. for medical negligence. DISCUSSION Defendant Charles Chiu-Sung Chan, M.D requests that the court stay the action until further order by the Superior Court of the District of Columbia, Civil Division regarding the liquidation of Fairway Physicians Insurance Company, defendant Dr. Chan's professional liability ...