Excerpt: ...t, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” Under California Rules of Court Rule 3.350(a)(1), a notice of motion to consolidate must: (A) List all named parties in each case, the names of those who have appeared, and the names of their respective at...

Excerpt: ...et One (5) Motion to Compel Responses to Special Interrogatories, Set One (6) Motion to Compel Responses to Demand for Inspection and Production of Documents and Tangible Items, Set One The court considered the moving papers. BACKGROUND On June 23, 2017, plaintiffs Jie Liang and Bouy Liang filed a complaint against defendants Total Transportation & Distribution Inc. and Martin Jesus Lopez for motor vehicle negligence based on an incident that occ...

Excerpt: ...missal for failure to file proof of service of summons and complaint for February 27, 2018, stating that on the next hearing date, if proof of service had not been filed and there was no showing of progress with regard to service, then the court would dismiss the case. On February 27, 2018, because defendant had been served by publication and a default had been entered, the court set an OSC re dismissal for failure to enter default judgment. On A...

Excerpt: ...ice by mail of a copy of the application and notice of hearing on all parties who have appeared in the case and on the State Bar of California at its San Francisco office, with payment of a $50.00 fee, so long as that attorney is not a resident of the State of California, and is not regularly engaged in substantial business, professional, or other activities in the State of Califomia. The application must state: (1) the applicant's residence and ...

Excerpt: ...gnating Heil Tractor International, Co. as Doe 1. 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), re...

Excerpt: ...dence, and Warner Bros. Entertainment, Inc. for premises liability based on a trip and fall incident on November 24, 2014. On January 24, 2018, plaintiff's counsel was relieved as counsel. Trial is set for August 22, 2018. DISCUSSION Defendants request an order compelling plaintiff Arnelia Wright to appear for her deposition on June 4, 2018, at 1:30 p.m. CCP §2025.450(a) provides: “If, after service of a deposition notice, a party to the actio...

Excerpt: ...tiff is alleging that she parked her police vehicle on a curb. Upon exiting the vehicle from the driver's side, and as she was walking to the front of the police vehicle to get to the sidewalk, defendant struck plaintiff's left shoulder with her 2012 BMW vehicle. On June 28, 2017, City of Los Angeles filed a complaint in intervention for subrogation of workers' compensation benefits. LEGAL STANDARD There is a special two-step procedure for securi...

Excerpt: ...o 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 the rules ...

Excerpt: ...lity, negligence, negligence per se, and res ipsa loquitur. Plaintiff alleges that on October 28, 2014, plaintiff was at defendants' premises when an employee of defendants struck plaintiff in his head with a metal bar that defendants' employee was using to unload a vehicle from a tow truck. The blow to plaintiff's head caused laceration with severe bleeding. Following the incident, defendants' employees attempted to wrap plaintiff's head. Parame...

Excerpt: ... performers snapped off and struck plaintiff's head, causing severe injuries. On May 4, 2016, plaintiff filed amendments designating Love Living Productions LLP as Doe 1 and DLD Contractors, Inc. as Doe 2. On June 21, 2016, plaintiff filed a request for dismissal as to DLD Contractors, Inc. On January 18, 2017, the court granted Abbey Restaurants and Bars USA-LA, LLC's motion for leave to file a cross-complaint against DLD Contractors. On Februar...

Excerpt: ...spondent superior, negligence per se, strict liability, violation of SDCC § 62.601, and violation of Food and Ag. Code § 31601. Plaintiff alleges that on April 27, 2017, he was walking back to the Tender Dock to get back on his boat. As he was walking down Catalina Pier with his dog on a leash, he and his dog were viciously attacked by two pit bulls and owned and cared for by defendants Turner and Weston. Plaintiff alleges that the dogs involve...

Excerpt: ...��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 the rules in chapter 4 of this di...

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: ...dant”) filed a demurrer to the first, second, and fourth causes of action alleged against it, arguing that Plaintiffs' sole remedy is Worker's Compensation and the complaint is thus barred against it. Plaintiff filed a notice of non-opposition on May 10, 2018. Plaintiffs' complaint arises from injuries Feliciano suffered from an explosion while working for Defendant. (Compl. ¶ 10.) LEGAL STANDARD A demurrer can be used only to challenge defect...

Excerpt: ...dant Khaled Karame dba Malibu Yellow Cab. On January 19, 2018, the court granted defendant Khaled Karame dba Malibu Yellow Cab's motion for an order deeming admitted the matters in defendant's Requests for Admission, Set One, against plaintiff. 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 the...

Excerpt: ...ed a complaint against defendants Joanne Ruth Sellar and Ocho Films Inc. for motor vehicle negligence. Trial is set for July 17, 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 s...

Excerpt: ...ovina. On September 26, 2013, plaintiff filed the proof of service of the summons and complaint, stating that defendant Midvalley was served at 13050 E. Valley Blvd, Ste 205, La Puente. On July 29, 2014, defaults were entered against Arturo Campos and Midvalley Yellow Cab Transportation, Inc. 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, ...

Excerpt: ...g, Jose Oquedo, 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 ...

Excerpt: ... plaintiffs' vehicle, in which they were passengers. LEGAL STANDARD Before a suit for damages may be filed against a public entity, a claimant must present a timely written claim to the public entity and the claim must have been acted upon by the board or deemed rejected. Gov. Code §945.4; Munoz v. State of Cal. (1995) 33 Cal. App. 4th 1767, 1777. A claim relating to a cause of action for injury to person or personal property must be presented t...

Excerpt: ... 387(d)(1) or (d)(2) (formerly 387(a)), State Farm requests leave to file an answer in intervention on behalf of its insured Shau Chang Yee. 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 rela...

Excerpt: ...17, pursuant to stipulation and order, the trial date was continued from March 13, 2017 to October 23, 2017. On September 13, 2017, on an ex parte application, the court continued the trial date to April 30, 2018, along with all discovery dates. On February 22, 2018, pursuant to stipulation and order, the trial date was continued to June 28, 2018. On April 20, 2018, defendant filed a motion for summary judgment, set for hearing on July 26, 2018. ...

Excerpt: ... for wrongful death, medical malpractice, and IIED. 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), ...

Excerpt: ...it her while she was lawfully on the sidewalk in front of 1043 S. Herbert Avenue, Los Angeles, moving along the sidewalk in her wheelchair. On February 6, 2018, the court granted Beatriz Soto's motion for leave to file third party cross-complaint against City of Los Angeles. 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 cro...

Excerpt: ...018, Defendant Norwalk Auto Auction (“Defendant”) filed a demurrer to each cause of action. Plaintiff filed an opposition on May 11, 2018. Plaintiff's complaint alleges that on October 28, 2014 he was at 12405 Rosecrans Ave. Norwalk California 90604 (the “Premises”), owned by Defendant. (Compl. ¶¶ 5- 8.) While at the premises, Defendant's employee negligently struck Plaintiff in the head with a metal bar. (Compl. ¶ 8.) This caused a se...

Excerpt: ...43 were consolidated. On February 15, 2018, Insurance Co. of the West filed a subrogation complaint against Clay Dunn and Rodriguez for workers compensation reimbursement based on the same incident. On March 6, 2018, plaintiff Mario Gonzalez filed a complaint against Paul Rodriguez and Clay Dunn for motor vehicle negligence based on the same incident. A notice of related case was filed on April 25, 2018. LEGAL STANDARD CCP § 1048 states: “When...

Excerpt: ...nued from May 17, 2018 to August 16, 2018. 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 t...

Excerpt: ...ant to stipulation and order, the trial date was continued from August 29, 2017 to December 1, 2017. On November 20, 2017, at the FSC, the trial date was continued to June 12, 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 c...

Excerpt: ...f Attorney form. She is representing herself. On November 17, 2017, the court granted defendant's motion to compel responses to supplemental interrogatories. DISCUSSION Defendant requests that the court impose terminating sanctions against plaintiff for her failure to comply with the court's order dated November 17, 2017. If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impo...

Excerpt: ...o compel plaintiffs to respond to written discovery within 20 days and to pay a monetary sanction in the amount of $370. On March 21, 2018, the court granted defendant's motion for terminating sanctions. The case was dismissed. LEGAL STANDARD Under CCP §1008(a), “When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the...

Excerpt: ...wood. Trial is set for August 9, 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 party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likew...

Excerpt: ...noz, and James Alan Steller for motor vehicle negligence. 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 was properl...

Excerpt: ...art: “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, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be jus...

Excerpt: ...as, a minor by and through Jairo Duarte Lopez, her guardian ad litem, filed a complaint against defendant Trader Joe's Company for negligence/premises liability and failure to warn. On December 1, 2017, plaintiff filed a First Amended Complaint. 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 ...

Excerpt: ...iff Linda Pei-Ling Shaw filed a complaint against defendants Claudia M. Wong Solis and Jose Quevedo for motor vehicle negligence on February 12, 2015. Trial is set for July 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 seeking a ...

Excerpt: ...causing her to fall off and injure herself. On January 24, 2018, pursuant to stipulation and order, the trial date was continued from February 22, 2018 to June 22, 2018. On March 20, 2018, defendant filed an answer. On April 4, 2018, plaintiff filed an amendment designating California Travel Transportation Company as Doe 1. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “To ensure the prompt disposition of civil cases, the dates assigned for a ...

Excerpt: ...n an incident that occurred on December 27, 2016. Trial is set for December 17, 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 paper...

Excerpt: ...plaintiff Peter Iovino filed a complaint against Rick Fineman and Linda Drucker for strict liability, negligence, and premises liability, based on a dog bite incident that occurred on July 18, 2016. On January 30, 2017, plaintiff filed a First Amended Complaint. On June 19, 2017, plaintiff filed Amendments to Complaint, designating defendants Doe 1 as Sebastian Knorr and Doe 2 as Eva Knorr. January 19, 2017, plaintiff Ellen M. Barker filed a comp...

Excerpt: ...hman 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 continued the trial date to February 20, 2018. On December 29, 201...

Excerpt: ...t sustained without leave to amend the County's demurrer as to the 1 st cause of action. On October 31, 2017, the court granted County's 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 whether, despite their allegations, trial is in fact necessary to resolve their dispute.” Aguilar...

Excerpt: ...e Group for motor vehicle negligence and loss of consortium based on an incident that occurred on May 24, 2016. Plaintiffs alleges that Mkrtchyan was the driver and that defendant Keyes European, LLC was the owner of the Mercedes E400. Trial is set for April 23, 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 pr...

Excerpt: ...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 the rules in chapter 4 of this division, with sup...

Excerpt: ...port Transportation). On June 23, 2016, Akkari filed a cross-complaint against Jimenez for equitable indemnification, contribution, declaratory relief, and apportionment of fault. On August 25, 2017, National Casualty Co. on behalf of suspended corporation Noho Airport Transportation filed a complaint in intervention. On February 27, 2018, Jimenez filed an application for determination of good faith settlement. On March 22, 2018, the court grante...

Excerpt: ...e City”) filed a demurrer to the entire complaint. No further papers were filed. Plaintiff's complaint arises from alleged incidents of bullying that occurred at Wilson Middle School, which resulted in physical and psychological damages. (Compl. ¶¶ 10- 17.) Plaintiff alleges that Pasadena Unified School District (“School District”) and the City failed to comply with the mandatory duties set forth in various education codes to protect Plai...

Excerpt: ...mendment designating Brandon Scolieri as Doe 1. On June 14, 2017, pursuant to stipulation and order, the trial date was continued from June 30, 2017 to October 20, 2017. On October 4, 2017, at the FSC, the FSC was continued to December 4 and the trial date to December 18, 2017. On December 4, 2017, at the FSC, there was no appearance by plaintiff or plaintiff's counsel. On December 18, 2017, on the trial date, there was no appearance by plaintiff...

Excerpt: ...f004f[eges that he was skateboarding on the sidewalk near a wall adjoining the junction of a shopping center and the Wild Wash Express Car Wash. When he passed the wall a car exiting the car wash struck him, causing him injury. The wall was too high for a pedestrian on the sidewalk to see over, which created a significant safety hazard for plaintiff. DISCUSSION Defendant Hamlet Enterprizes, Inc., dba Wild Wash Express requests an order compelling...

Excerpt: ...ion to compel discovery responses within 20 days and ordered plaintiff to pay a monetary sanction to defendant in the amount of $461.19 within 30 days. DISCUSSION Defendant City of Long Beach requests an order for plaintiff to show cause re contempt of court, and/or monetary sanctions for the costs and fees incurred in bringing this motion, and/or for terminating sanctions. Defendant contends that plaintiff has willfully failed to pay monetary sa...

Excerpt: ...es Chiu-Sung Chang, M.D., Fang-Yu Chao, M.D., and Hai Duc Luu, D.O., and Weber Chen, M.D. for medical negligence. On December 29, 2017, the court stayed the entire action pursuant to Insurance Code §1063.6 because Dr. Chan's insurer, Fairway Physicians, is in the process of liquidation. DISCUSSION Plaintiffs request that the court lift the stay as to all parties and to reset the trial date. As background, on October 25, 2017, the Superior Court ...

Excerpt: ...2(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 the rules in chapter 4 of ...

Excerpt: ...omatic 30-day extension to file the instant demurrer. On April 13, 2018, Defendants The Salvation Army, and Dennis Patrick Jones (“Defendants”) filed the instant demurrer to the complaint and a motion to strike the “loss of consortium” damage claim. No other papers were filed for the instant demurrer and motion. Plaintiff's complaint arises from a March 10, 2016 traffic collision at Santa Fe Ave. and Compton Blvd. The form complaint furth...

Excerpt: ...al malpractice. DISCUSSION Defendants request that the court compel arbitration and to stay this action. Under CCP § 1281, a “written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and revocable, save upon such grounds as exist for the revocation of any contract.” A party to an arbitration agreement may seek a court order compelling the parties to arbitrate a dispute cover...

Excerpt: ...December 4, 2017, a default was entered against The Estate of Carlos Alberto Lopez. On January 5, 2018, defaults were entered against Jose Lopez and Sandra Lopez, as successors in interest. LEGAL STANDARD “The court may, upon terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable negl...

Excerpt: ...service of the summons and complaint. The court continued the FSC to June <000300030037004b004800 00480057000300440051[ OSC re failure to file a proof of <0057004c00490049000a00 004f0003005500480053[orted that the case was close to being settled and the trial was continued to August 31, 2017. On August 16, 2017, plaintiff filed a proof of service of the summons and complaint. <0003004400570003005700 [ On August 31, 2017, there were no appearances...

Excerpt: ... pursuant to stipulation and order, the trial date was continued from December 21, 2017 to April 16, 2018. On March 8, 2018, pursuant to stipulation and order, the trial date was continued to June 18, 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...

Excerpt: ...emises he was walking next to a fence when agents and/or employees of defendant Alta Interiors and/or Does 1-50 accidentally or purposefully caused the fence to fall and strike plaintiff. The fence became unstable and fell onto plaintiff due to agents and/or employees of defendant Alta attempting to pass tools and/or other worksite materials through the fence. On January 28, 2016, Commerce & Industry Ins. Co. filed a complaint in intervention for...

Excerpt: ...r 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 <004800510046004800b...

Excerpt: ...ntion), and wrongful death. On March 12, 2018, plaintiff filed a First Amended Complaint. 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 the court....

Excerpt: ...earing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” Under California Rules of Court Rule 3.350(a)(1), a notice of motion to consolidate must: (A) List all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record; (B) Co...

Excerpt: ...fendants Mariya Svilik, M.D., Kevin Abbas Ghassemi, M.D., Kate June Lee, M.D., UCLA Health Systems, and Regents of the University of California for medical battery, lack of informed consent, medical malpractice, personal injury based on negligence for unusual injury under anesthesia during surgery, battery, IIED, failure to preserve records, and failure to permit inspection and to obtain copies of patient records. On December 8, 2017, plaintiff f...

Excerpt: ... on the pleadings. . . . (c)(1) The motion provided for in this section may only be made on one of the following grounds: . . . . (B) If the moving party is a defendant, that either of the following conditions exist: . . . . (ii) The complaint does not state facts sufficient to constitute a cause of action against that defendant.” A motion for judgment on the pleadings “has the purpose and effect of a general demurrer.” Smiley v. Citibank (...

Excerpt: ...ence based on a dog bite incident. On February 1, 2017, defendant Dali II filed a cross-complaint against Jackie Arista for apportionment of fault, indemnification, and declaratory relief. On April 3, 2017, plaintiff filed an amendment designating Matilde Carbajal as Doe 1. 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 ...

Excerpt: ...rsuant to stipulation and order, the trial date was continued from March 30, 2017 to July 28, 2017. On February 1, 2017, the trial was continued to December 15, 2017. On December 5, 2017, at the FSC, the trial was continued to February 28, 2018. On January 18, 2018, on an ex parte application to continue trial, the trial date was continued to June 28, 2018. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “To ensure the prompt disposition of civi...

Excerpt: ...ying 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. DISCUSSION Defendant Treasure Island LLC requests that the court quash service of summons for lack of personal jurisdiction and to dismiss the action. Defendant contends that it not subject to ...

Excerpt: ... 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 into the school when she was tripped...

Excerpt: ...r 20, 2017, the court granted plaintiff's motion to compel responses to form interrogatories and motion to have requests for admissions deemed admitted. Trial is set for September 4, 2018. LEGAL STANDARD If a party is served with requests for admission, and then fails to serve timely responses, that party waives any objections to the discovery requests. CCP §2033.280(a). The court, however, may grant relief from this waiver if it determines that...

Excerpt: ... M.D., Congress Medical Associates, Inc., and Congress Medical Surgery Center, LLC for dangerous condition of public property, common carrier liability, and negligence (including medical malpractice and government liability). 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...

Excerpt: ...e 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 declaration stating facts show...

Excerpt: ...ide 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 <004800510046004800b600 00520051005700550044[dicted by o...

Excerpt: ...arking area. On January 22, 2018, the court granted Valleyheart's motions to compel plaintiff to serve discovery responses. On March 1, 2018, the court granted defendant Three Rivers' motions to compel plaintiff to serve discovery responses. Trial is set for November 26, 2018. DISCUSSION Defendant Valleyheart requests that the court impose terminating sanctions against plaintiff for her failure to comply with the court's order dated January 22, 2...

Excerpt: ...lidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” Under California Rules of Court Rule 3.350(a)(1), a notice of motion to consolidate must: (A) List all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record; (B) Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown fi...

Excerpt: ...for motor vehicle negligence based on an incident that occurred on February 24, 2016. Trial is set for February 28, 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 tha...

Excerpt: ..., plaintiff Javier Gvdino (self-represented) filed a complaint against defendant Christopher Poblete Ocempo for motor vehicle negligence. 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...

Excerpt: ...rdian ad litem. Trial is set for January 3, 2019. 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) notice of moti...

Excerpt: ... Angeles County MTA and Doe Bus Driver for motor vehicle negligence based on an incident that occurred on May 3, 2017. Trial is set for February 19, 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 r...

Excerpt: ...(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 the rules in chapter 4 of t...

Excerpt: ...int. On May 1, 2017, plaintiff filed a Second Amended Complaint. Plaintiff alleges that defendant was negligent in having plaintiff evacuate a train that broke down by using a step ladder, instead of a harness, because plaintiff uses a walker, and that she sustained injuries as a result. 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 provid...

Excerpt: ...t to stipulation and order, the trial date was continued from 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. LEGAL STANDA...

Excerpt: ...wrence Thornquist and Marilyn Jean Thornquist for motor vehicle negligence. Trial is set for August 16, 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 sh...

Excerpt: ...ence and premises liability based on a trip and fall on August 5, 2015, on the sidewalk of White Oak Avenue. On December 2, 2016, the County and the State were dismissed. On January 25, 2018, the court granted defendants Nader Hattar and Dema Hattar, ind. and as trustees of the Hattar Family Trust's motion for summary judgment. On February 26, 2018, judgment was entered in favor defendants. On March 1, 2018, defendants filed a memorandum of costs...

Excerpt: ...ed on an incident that occurred on August 27, 2015. Trial was continued from May 18, 2018 to May 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 seeking a continuance of the date set for trial, whether contested or uncontested or s...

Excerpt: ...defendant Los Angeles County MTA for negligence. Plaintiff alleges that on October 31, 2015, he fell off an escalator at the Metro Red Line Westlake/MacArthur Park station when the escalator suddenly skipped while plaintiff was on it. On December 22, 2016, plaintiff filed a First Amended Complaint. On November 20, 2017, the court granted plaintiff's counsel's motion to be relieved as counsel. Counsel filed a proof of service on November 20. Trial...

Excerpt: ...iff to appear for her deposition on May 28, 2018. 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 deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and te...

Excerpt: ...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 the court. CCP § 436(b). The grounds for a motion to strike are that the pleading has irrelevant, false or improper ma...

Excerpt: ...ndant Don Ciaffardini filed a cross-complaint against AAMCO Transmissions. On July 17, 2017, pursuant to stipulation and order, the December 13, 2017 trial date was continued to April 8, 2018. On October 2, 2017, pursuant to stipulation and order, the April 8, 2018 trial date was continued to June 11, 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. A...

Excerpt: ...y based on a trip and fall on a sidewalk on July 11, 2015. Trial is set for August 23, 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...

Excerpt: ...e trial date was continued from October 23, 2017 to February 26, 2018. On December 29, 2017, the trial date was continued to May 31, 2018. 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 pl...

Excerpt: ... defendant LA County MTA for motor vehicle negligence based on an incident that occurred on January 17, 2017. On November 15, 2017, plaintiff filed a First Amended Complaint. 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 § 2030.290(b). The statute ...

Excerpt: .... Trial is set for January 17, 2019. DISCUSSION Defendants request that the court impose terminating sanctions against plaintiff for her failure to comply with the court's order dated January 25, 2018. If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. CCP § 2025.450(h) (depositions); § 2030.290(c) (interrogatories)...

Excerpt: ...the I-10 westbound on or near the connector road for the I-605 southbound, in the City of Baldwin Park. On January 11, 2018, the court deemed related BC651127 with BC652094. BC652094 On February 27, 2017, plaintiff County of Los Angeles filed a subrogation complaint against defendants Thomas Peter Glowniak and Fleet Logic, LLC dba Velocity Truck Rental for motor vehicle negligence based on the same incident. On May 24, 2017, plaintiff filed an am...

Excerpt: ...iff's complaint arises from a car accident where an on-duty LAPD officer rear ended Plaintiff's vehicle. Defendant's Demurrer to the Complaint Defendant demurs to the negligence cause of action. It argues that Plaintiff failed to comply with the Government Claims Act requirement of pre-suit claims presentation. Further, Defendant requests judicial notice of Plaintiff's government claims application submitted on February 16, 2017, over six months ...

Excerpt: ...8, defendants filed an answer. LEGAL STANDARD Plaintiff may demur to an answer on the ground of insufficient pleading of defenses. CCP §430.20. Under CCP section 431.30(g), every affirmative defense “shall be separately stated, and the several defenses shall refer to the causes of action which they are intended to answer, in a manner by which they may be intelligibly distinguished.” “The same pleading of ‘ultimate facts' rather than ‘e...

Excerpt: ...ril 30, 2018, the court deemed related BC651890 with BC653486. BC653486 On March 6, 2017, plaintiff Majid Sarafzadeh filed a complaint against defendants Steven Monk, Douglas Takaragawa, and Shabnam Tajmiri for motor vehicle negligence based on the same incident. 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 matter...

Excerpt: ...ustice, 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, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceed...

Excerpt: ...ough 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 <004800510046004800b600 00520051005700550044[dicted by other inferences or evidence, show that...

Excerpt: ...egligence 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 after 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 path of oncoming...

Excerpt: ...015. On February 1, 2018, defendant filed a motion for summary judgment, set for hearing on July 20, 2018. Trial is set for July 3, 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, whethe...

Excerpt: ... 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 the rules in chapter 4 of this divisi...

Excerpt: ...ident that occurred on April 1, 2016. Trial is set for June 6, 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...

Excerpt: ...e alleges that the incident was caused by grapes that were dropped onto the floor and were not cleaned up by staff. 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...

Excerpt: ...int. On May 1, 2017, plaintiff filed a Second Amended Complaint. Plaintiff alleges that defendant was negligent in having plaintiff evacuate a train that broke down by using a step ladder, instead of a harness, because plaintiff uses a walker, and that she sustained injuries as a result. 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 provid...

Excerpt: ... Special Interrogatories (7) Motion to Compel Responses to Demand for Production (8) Motion to Have Requests for Admission Deeming Matters Admitted The court considered the moving papers. BACKGROUND On May 23, 2017, plaintiff Annette Rubin and Jonah Rubin, a minor by and through his guardian ad litem, Stuart Rubin, filed a complaint against defendant Zoe Otedola for negligence and negligence per se based on a motor vehicle accident that occurred ...