Excerpt: ...0. On February 5, 2018, the court vacated the order of dismissal. The court set a trial date for November 13, 2018. DISCUSSION Defendant requests that the court quash service of the summons and complaint. A defendant may serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her. CCP § 418.10(a). Code of Civil Procedure section 418.10 provides the exclusive procedure for chall...

Excerpt: ...s entered against defendant Espeleta. On March 27, 2015, Leila Khajehmolaei filed a cross-complaint against Humberto Espeleta for breach of contract/express indemnity, implied indemnity, contribution, and declaratory relief. On May 1, 2015, plaintiff filed an amendment to complaint, designating M & W Property Management, Inc. as Doe 1. On June 30, 2015, plaintiff filed an amendment to complaint, designating Michael Talabi, dba Long Beach Properti...

Excerpt: ...s. CCP § 86(a)(1). CCP § 403.040 provides, in relevant part: “(a) The plaintiff . . . may file a motion for reclassification within the time allowed for that party to amend the initial pleading. The defendant . . . may file a motion for reclassification within the time allowed for that party to respond to the initial pleading. . . . The court shall grant the motion and enter an order for reclassification, regardless of any fault or lack of fa...

Excerpt: ...ay, 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 matter, o...

Excerpt: ... the civil cover sheet also indicates an auto tort, insurance coverage contract, and “SEEKING OVERTURN OF CA VICTIMS COMP BOARD REJECT.” (See Civil Case Cover Sheet.) On March 28, 2018, Defendant Infinity Insurance Company (“Defendant”) filed a demurrer to the entire complaint. // Defendant's Demurrer to the Complaint Defendant demurs to the entire complaint because it fails to plead any cause of action against Defendant. Based on its own...

Excerpt: ...8. At an ex parte hearing on March 15, 2018, the court granted plaintiff's ex parte application to continue the hearing on the motion for summary judgment to May 3, 2018. The trial date was continued to July 24, 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 ...

Excerpt: ...intiff to Answer Special Interrogatories, Set No. One (as to Alexis Lizarraga) (5) Motion for Order Compelling Plaintiff to Respond to Demand for Production of Documents, Set No. One (as to Alexis Lizarraga) The court considered the moving papers. BACKGROUND On June 27, 2017, plaintiffs Rafael Lizarraga, Jr. and Alexis Lizarraga filed a complaint against defendants Rebecca V. Oriordan and Zhihong Chen for motor vehicle negligence based on an inci...

Excerpt: ... Medical Staff Organization of Greater El Monte Community Hospital, Inc. for medical malpractice based on wrongful death. Trial is set for October 2, 2018. DISCUSSION Defendant AHMC Greater El Monte Community Hospital requests that the court order plaintiff to post a security undertaking in the amount of at least $42,000, pursuant to CCP §1030. Under CCP §1030(a), when the plaintiff in an action resides out of the state the defendant may at any...

Excerpt: ...egligence based on an incident that occurred on October 27, 2014. On March 6, 2018, pursuant to stipulation and order, the trial date was continued from March 22, 2018 to May 14, 2018. DISCUSSION Defendants request an order for leave to obtain a mental examination of plaintiff, on July 18, 2018, at 10:30 a.m. with Ari Kalechstein, Ph.D. Defendants seek also to continue the trial date if the motion is granted. “As a general matter, a defendant m...

Excerpt: ...ts S. Daniel Golshani and S. Daniel Gonshani, M.D., Inc. for general negligence based on medical malpractice. 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. ...

Excerpt: ...or May 7, 2018. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. CCP §2030.290(b). The statute contains no time limit for a motion to compel where <0003004500480003005600 0057004b004800030050[oving papers is that a set of interrogatories was properly served on the opposing party, that the t...

Excerpt: ...July 20, 2017, pursuant to stipulation and order, the trial date was continued from September 5, 2017 to January 4, 2018. On November 9, 2017, pursuant to stipulation and order, the trial date was continued from January 4, 2018 to March 5, 2018 On February 21, 2018, at the FSC, pursuant to stipulation and order, the trial date was continued from March 5, 2018 to May 16, 2017. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “To ensure the prompt ...

Excerpt: ...ff's counsel's motion to be relieved as counsel, upon the filing of the proof of service of the order. On December 27, 2017, plaintiff's counsel filed a proof of service of the order granting motion to be relieved as counsel. On February 2, 2018, the court granted defendant's motions to compel discovery responses. Trial is set for October 19, 2018. DISCUSSION Defendant Montebello USD requests that the court impose terminating sanctions against pl...

Excerpt: ...ll on stairs. 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 trial judge to grant summ...

Excerpt: ...suant to CCP § 387(d)(1) or, in the alternative, 387(d)(2), Arch Insurance Company requests leave to file an answer in intervention on behalf of its insured Graebel Van Lines Holdings, LLC. 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 p...

Excerpt: ... the Truth of All Matters Specified in Requests for Admissions, Set One Be Deemed Admitted The court considered the moving papers. BACKGROUND On December 6, 2016, plaintiff Tracie Jones filed a complaint against defendants Los Angeles County MTA and Esayas Geletu for motor vehicle negligence based on incidents that occurred on February 4, 2016 and May 21, 2016, when she was a passenger on the bus. On November 17, 2017, the court granted plaintiff...

Excerpt: ...an ad litem Roberto Martinez filed a complaint against Defendants Hugo Rafael Munguia‐ Contreras aka Hugo Munguia‐Contreras and Does 1 to 25 for motor vehicle negligence and general negligence. DISCUSSION Minor Claimants Jacqueline Martinez and Ivana Dominguez are 13 and 17 years old, respectively. Minor Claimants were passengers in a vehicle driven by Petitioner and were injured when Defendant made an unsafe left turn in front of their vehic...

Excerpt: ...aintiff. On October 3, 2017, at the Final Status Conference, both sides failed to appear. The court ordered the Final Status off calendar, and held the October 19, 2017 trial date remain set. At the October 19, 2017 trial, neither side appeared. The court ordered the action dismissed pursuant to Code of Civil Procedure section 581, subd. (b)(3). On March 9, 2018, Plaintiff filed a Motion to Set Aside Dismissal. [1] LEGAL STANDARD Whenever an appl...

Excerpt: ...laint against Defendant Los Angeles Unified School District (“LAUSD”) for premises liability and general negligence for injuries she allegedly sustained on October 16, 2015 when her foot was run over by a janitorial truck/sweeping device. On May 30, 2017, plaintiff filed an “Amendment to Complaint,” wherein she substituted Defendant Andres Alvarez Rodriguez in lieu of Doe 1. Trial is set for August 1, 2018. LEGAL STANDARD Interrogatories ...

Excerpt: ...o Veliz (“Defendants”). Ms. Kapelewski was injured when she was a passenger in a car driven by her husband that was rear ended by Mr. Veliz. Plaintiffs are residents of Ohio. On March 16, 2018, Defendants filed the instant motion to compel Plaintiff Theresa Kapelewski's independent medical examinations with Dr. Keith Liberman, M.D. and Dr. Charles Lane M.D. On the same day, Defendants filed for an ex‐parte application to shorten time for th...

Excerpt: ...injuries in an August 27, 2014 motor vehicle accident. On February 1, 2018, Na dismissed her complaint, with prejudice. Trial is set for January 15, 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 (1...

Excerpt: ...0030044004a0044004c0051005600570003002700480049[endants County of Los Angeles (“County”) and City of Los Angeles (“City”) for negligence and premises liability. The City was dismissed from the suit on February 22, 2017. 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, t...

Excerpt: ...o 50 for negligence and intentional tort. Plaintiff alleges he was attacked and beaten by Dillon on January 19, 2015. Plaintiff alleges Defendant and Kelly failed to warn him of the imminent danger presented by their son, despite being aware that Dillon suffered from depression and mental instability, expressed a desire to act violently, and accused Plaintiff of being an abuser. LEGAL STANDARD The purpose of a motion for summary judgment or summa...

Excerpt: ...an hired the subject vehicle. 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. (Code Civ. Proc., § 436, subd. (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. (Code Civ. Proc., §436(b).) The gro...

Excerpt: ...earances at the Final Status Conference. On February 28, 2018, no one appeared for the trial, and the court dismissed the case without prejudice pursuant to CCP §581(b)(3). LEGAL AUTHORITY CCP § 473(b) states, in relevant part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a . . . dismissal . . . taken against him or her through his or her mistake, inadvertence, surprise, or excusable n...

Excerpt: ...in approximately 1988 when plaintiff was approximately ten years old on church grounds. Plaintiff contends that Doe 3 had previously been accused of molesting minors and was sent by Doe 1 to St. Luke's Institute in Maryland, a pedophile priest treatment center operated by the Catholic Church. Plaintiff requests an order allowing for the naming of defendants by their true names and an order allowing for the filing of the Certificate of Corroborati...

Excerpt: ..., LLC for motor vehicle negligence based on an incident that occurred on March 16, 2015. Trial is set for September 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...

Excerpt: ...nd Francis Yeo for negligence based on a motor vehicle accident that occurred on August 13, 2013. On June 22, 2017, the court granted defendants' motions to compel plaintiffs' responses to defendants' discovery requests within seven days. At the hearing, defendants' withdrew their request for sanctions. DISCUSSION Defendants request an order compelling plaintiffs to appear for their deposition. CCP §2025.450(a) provides: “If, after service of ...

Excerpt: ... treatment. On June 29, 2016, plaintiffs Cia Amir, individually and as successor-in-interest to the estate of Nancy Amir, Al Amir Shaidi, and Farshad Amir filed a First Amended Complaint against defendant Moussa Faminini, M.D. for medical malpractice. On November 23 and December 7, 2016, plaintiffs' counsel filed motions to be relieved as counsel. On December 21, 2016 and January 3, 2017, the court granted plaintiffs' counsel's motions to be reli...

Excerpt: ...lver metal plate. On February 3, 2017, City of LA filed a cross-complaint against First Kitchen & Grill for apportionment of fault, indemnification, and declaratory relief. On March 16, 2017, City of LA filed a cross-complaint against Taft Owner Partners, LLC (“Taft”). DISCUSSION Cross-defendant Taft requests that the court determine that the settlement between plaintiff and Taft is in good faith and that all cross-complaints against Taft sho...

Excerpt: ... December 23, 2015, Pablo Reyes Rios filed a cross-complaint against Abel Garcia for apportionment and partial indemnity. Trial is set for August 23, 2018. DISCUSSION Defendant Pablo Reyes Rios (“Rios”) requests that the court determine that the settlement entered into between him and plaintiff is 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 regard...

Excerpt: ... a complaint against defendant Ali Bawab for motor vehicle negligence based on an incident that occurred on February 27, 2015. Trial is set for August 21, 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...

Excerpt: ...tor vehicle negligence based on an incident that occurred on April 2, 2014. On August 4, 2017, there were no appearances at the Final Status Conference. On August 21, 2017, no one appeared for the trial, and the court dismissed the case without prejudice “for abandonment, lack of timely prosecution, and failures to appear.” LEGAL AUTHORITY CCP § 473(b) states, in relevant part: “The court may, upon any terms as may be just, relieve a party...

Excerpt: .... and as trustees of the Sterling Family Trust and MAG Plumbing for premises liability and negligence based on a trip and fall on August 4, 2015. On June 20, 2016, plaintiff filed five Doe amendments. 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 t...

Excerpt: ...ams, Sanya Lewis, and Nico Dussard filed a complaint against defendants Maribel Molina, Mai Nguyen, and Henry Tang for motor vehicle negligence based on an incident that occurred on March 8, 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 tim...

Excerpt: ...unty MTA filed a cross-complaint against Roe 1 Driver for implied indemnity, contribution, and declaratory relief. On September 27, 2017, LA County MTA filed an amendment to the cross-complaint designating Charles Baadi as Roe 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 s...

Excerpt: ...in another jurisdiction may apply to appear as counsel pro hac vice in the State of Califomia by filing a verified application together with proof of service 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 en...

Excerpt: ...iz & Cadez Architects as Doe 1 and Carlos Cadiz as Doe 2. On November 3, 2017, plaintiff filed an amendment designating Prava Construction Services, Inc. as Doe 3. On December 26, 2017, plaintiff filed an amendment designating All Construction, Inc. as Doe 3. On March 21, 2018, plaintiff filed a First Amended Complaint. LEGAL STANDARD CCP §428.10 states that, “A party against whom a cause of action has been asserted in a complaint or cross-com...

Excerpt: ...ts (Set One) from Defendant R‐Market (Hearing Date: April 25, 2018) (4) Motion to Compel Further Responses to Form Interrogatories (Set One) from Defendant R‐ Market (Hearing Date: April 26, 2018) On February 6, 2018, Plaintiff Dietrich Lee filed four motions to compel further responses to discovery with hearing dates set for April 19, April 20, April 25 and April 25. Defendants have not opposed these motions. An Informal Discovery Conference...

Excerpt: ...the grounds that Plaintiff is a vexatious litigant and failed to obtain a prefiling order from the presiding judge. Plaintiff filed a first amended complaint on April 9, 2018 asserting causes of action for negligence and premises liability. Request for Judicial Notice Defendant's Request for Judicial Notice is GRANTED. (1) Motion to Strike The instant motion was filed on February 23, 2018. On April 9, 2018, Plaintiff filed a first amended complai...

Excerpt: ... alleges that on January 27, 2017, he attempted to turn on his toaster, he was shocked and the toaster caught on fire. (Compl. ¶ 8.) Plaintiff asserts that this was caused by improper electrical wiring in the kitchen. (Id. ¶ 10.) Defendant Lotus Property Services, Inc. now moves to strike portions of Plaintiff's complaint relating to punitive damages and the cause of action for negligence per se. LEGAL STANDARD The court may, upon a motion, or ...

Excerpt: ...and Jason Cohen, M.D., and Linden Surgical Center of Beverly Hills for (1) medical malpractice; (2) negligence; (3) breach of warranty; (4) strict liability. Plaintiff and Defendants Surgery Group of Los Angeles, PC, Josef Nasseri, M.D., and Jason Cohen, M.D., stipulated that only the cause of action for medical malpractice applied to Defendants Surgery Group of Los Angeles, PC, Josef <0044005500440049004900 004b0011000300240011[) LEGAL STANDARD ...

Excerpt: ...f and Defendant were in a motor vehicle accident. LEGAL STANDARD Interrogatories If a party to whom interrogatories (form and/or special) 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 se...

Excerpt: ... he was injured in a bicycle/automobile accident for which Defendants were responsible. LEGAL STANDARD “As a general matter, a defendant may obtain a physical or mental examination of the plaintiff, in accordance with those provisions, if the plaintiff has placed his or her physical or mental condition in controversy.” Carpenter v. Superior Court (2006) 141 Cal. App. 4th 249, 258. Under CCP section 2032.220(a), a defendant in a personal injur...

Excerpt: ...ses of action for (1) negligence; (2) negligence per se; and (3) statutory liability. 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 pap...

Excerpt: ...any date after October 6, 2018 to permit the timely hearing of a summary judgment motion. Further, the trial date is more than six months away, there have been no previous continuances, the City of Los Angeles has stipulated to the continuance, and, defendant asserts, Plaintiff has not shown that his interests would be prejudiced. Plaintiff responds that Defendant has not filed the MSJ and there is no certainty that it will be filed. Defendant de...

Excerpt: ..., alleging she was injured in an automobile accident for which Defendants were responsible. LEGAL STANDARD “As a general matter, a defendant may obtain a physical or mental examination of the plaintiff, in accordance with those provisions, if the plaintiff has placed his or her physical or mental condition in controversy.” Carpenter v. Superior Court (2006) 141 Cal. App. 4th 249, 258. Under CCP section 2032.220(a), a defendant in a personal i...

Excerpt: ...Steven Cabral filed a complaint against Defendants Gerardo Garcia; Adrian Camacho; and Maria McKoy for motor vehicle negligence; general negligence; wrongful death; and loss of consortium arising from a motor vehicle accident that occurred on December 21, 2014. DISCUSSION The court has reviewed the petitions and has identified the following defects. First, paragraphs 7, 8, 9, and 13 of the petitions are incomplete. Although it does not appear min...

Excerpt: ...iff alleges that Defendants gave Plaintiff too many doses of pain medication and prescribed her morphine for post‐surgery recovery. Plaintiff alleges that Defendants sent her home after the surgery too early and as a result Plaintiff suffered a cardiac arrest due to a drug overdose. Plaintiff filed a complaint on December 4, 2015, alleging negligence. Plaintiff now moves for leave to file an amended complaint to add a cause of action for Depend...

Excerpt: ...ges that she sustained injuries when she fell into a 4x3x4 floor hole, which Defendants failed to keep covered or guarded. Trial is set March 15, 2019. DISCUSSION Defendant seeks to amend its Answer to include additional allegations for its twelfth affirmative defense. The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. CCP §§ 473, 576. Judicial policy favors resolution of all dispu...

Excerpt: ...s, the Court will exercise its discretion in favor of considering the untimely opposition. BACKGROUND On February 27, 2017, Plaintiff Rika Wakahara filed the instant suit against Defendants Steven Dresner and his medical partnership, Eyesthetica. Plaintiff brings causes of action for professional negligence and negligent infliction of emotional distress arising from an allegedly botched eye surgery performed by Defendants on March 23, 2016. Durin...

Excerpt: ...ical malpractice. On January 6, 2017, the court denied defendants Michelle Meng and Beverly Hills Medical Anti‐ Aging Group, LLC's motion to compel arbitration. On April 27, 2017, plaintiff filed Amendments to Complaint, naming Beverly Hills Medical Anti‐ Aging Group, LLC as Doe 6 and Chunan Li as Doe 7. Plaintiffs allege that defendants incorrectly applied a dangerous skin treatment known as “Ultherapy” to plaintiff's face, causing sever...

Excerpt: ...at she slipped and fell on liquid while at Defendant's premises. 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, sub...

Excerpt: ...er, either party may participate via CourtCall. The court considered the moving papers. No opposition was filed. BACKGROUND On December 8, 2016, Plaintiff Alexander Pak filed the instant complaint against Defendant Almayo Chateau Homeowners Association and Allstate HOA Management, alleging that he was using a ladder on their property, for which they were responsible, which broke beneath him, causing injury. On April 18, 2017, Almayo Chateau filed...

Excerpt: ... from a pedestrian/motor vehicle accident. Defendants contend Plaintiff has refused to sign a release authorizing her insurer, Medi-Cal, to produce her insurance records, and therefore moves to compel Plaintiff to sign the requisite authorization. LEGAL STANDARD Although there is limited authority in support of a Court's ability to compel a party to sign an authorization form, there is some precedent. For example, in Miranda v. 21st Century Ins. ...

Excerpt: ...nded Complaint. <005a004c0057004b000300 00110003[ On January 25, 2018, plaintiff filed a Second 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, o...

Excerpt: ...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. (Code Civ. Proc., § 2030.290, subd. (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 opposin...

Excerpt: ...leges that she fell while walking on an unfinished walkway on Defendant's property. 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...

Excerpt: ...quirement; however, moving party is ordered to pay to the Clerk of the Court an additional $180, which is the cost of three additional motions, prior to the hearing on this matter. BACKGROUND Plaintiffs Waylon Wong and Yinlerthai Chan (“Plaintiffs”) have filed this action against Defendant Aracelly Arceo Solis (“Defendant”) for injuries sustained in a motor vehicle accident. LEGAL STANDARD Interrogatories If a party to whom interrogatorie...

Excerpt: ...onfronted Plaintiff, started an altercation, and then proceeded to stab and cut Plaintiff between his chest and abdomen area with a sharp object. Trial is set for August 21, 2018. DISCUSSION Plaintiff seeks to amend his pleadings to allege an additional cause of action for general negligence. Further, Plaintiff seeks to amend allegations in his existing cause of action for intentional tort. The court may, in furtherance of justice, and on such te...

Excerpt: ...aintiff and Defendant Roman Vakhramov (“Defendant”) reached a settlement on August 18, 2017 by way of a settlement agreement signed on the same date. Plaintiff represents that Defendant has breached this settlement agreement, and she moves the Court for an order entering judgment pursuant to the terms of the settlement agreement with an award for attorney's fees and costs. LEGAL STANDARD Pursuant to Code of Civil Procedure section 664.6, “I...

Excerpt: ... the motion to the Court. (See Code Civ. Proc., § 1005, subd. (b) [describing service of motion papers].) The motion is DENIED WITHOUT PREJUDICE. As to Plaintiff's motion for extension of statute of limitations, the motion relates to the amount of time for service of the summons and complaint and Plaintiff's request for extension of time to serve the summons and complaint. Code of Civil Procedure section 583.250, subdivision (b), provides that t...

Excerpt: ...efendants collided with Plaintiff Yesenia Martinez's vehicle. Plaintiff Claudia Martinez has been dismissed from this action. LEGAL STANDARD Actions in which the amount in controversy is $25,000 or less are classified as limited jurisdiction cases. (Code Civ. Proc., § 86, subd. (a)(1).) Code of Civil Procedure section 403.040 provides, in relevant part: (a) The plaintiff . . . may file a motion for reclassification within the time allowed for th...

Excerpt: ...on January 5, 2016. Plaintiff applied for a waiver of court fees, and the request was denied on January 2, 2018. Plaintiff failed to either make the required payment or request a hearing on the request for waiver, and the Court accordingly voided Plaintiff's complaint on January 23, 2018. LEGAL STANDARD Code of Civil Procedure section 473, subdivision (b) states, in relevant part: The court may, upon any terms as may be just, relieve a party or h...

Excerpt: ...from under Plaintiff, causing her to fall to the ground and break her back. LEGAL STANDARD Under Code of Civil Procedure section 473, subdivision (a)(1), “[t]he 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, enl...

Excerpt: ...he Court granted Defendant West Coast Materials, Inc.'s motion for an order compelling Plaintiff to respond to Defendant's form interrogatories, special interrogatories, and demand for production of documents, as well as pay monetary sanctions in the amount of $705 for necessitating the discovery motions. Trial is set for August 24, 2018. DISCUSSION Defendant West Coast Materials, Inc. (“Defendant”) requests that the Court impose terminating ...

Excerpt: ...red injuries as a result. 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 th...

Excerpt: ... in Beverly Hills. Plaintiff alleges that she was a patron at Nic's when she and her friends were verbally and physically harassed by highly intoxicated Does, and the manager at Nic's did nothing to stop the Does' behavior. Upon leaving the bar, the Does violently punched Plaintiff in the neck, resulting in cysts in her neck, consistent cough, and a loss of voice. Plaintiff subsequently named Christopher Lavar Turpin as a defendant in this action...

Excerpt: ...s he allegedly sustained when the wheel of his bicycle struck an excessively high step on an uneven surface of a roadway in the City of Pasadena. LEGAL STANDARD Under Code of Civil Procedure section 473, subdivision (a)(1), “[t]he 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 p...

Excerpt: ...y, 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 matter, or...

Excerpt: ...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 in chapter ...

Excerpt: ...2016, plaintiff was leasing a store at 6110 W. Pico Blvd., Unit B, in Los Angeles. He attempted to close an iron gate provided on a rolling track to close off the back parking area of the store and to lock the gate. In the process of closing the gate, the gate came off the track and fell onto plaintiff, knocking him down to the concrete driveway, causing the back of his head to smash against the ground. Complaint, Prem.L-1. On March 13, 2017, pla...

Excerpt: ...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 declaration stating f...

Excerpt: ...d that the defendant who operated a motor vehicle is “Doe Number 1.” On January 13, 2017, defendant LSG filed an answer. On November 21, 2017, plaintiff filed an amendment designating Hernanegildo Gil as Doe 1. DISCUSSION Defendant Hernanegildo Gil requests that the court quash service of the summons and complaint and to dismiss the action as to him. A defendant may serve and file a notice of motion to quash service of summons on the ground o...

Excerpt: ...ence. Plaintiff is the mother of decedent Sadaf Gharenbaghi. Plaintiff alleges that decedent was enrolled in a sober living home to help her with her drug addiction issues. Decedent had been enrolled in the sober living homes as part of her sentence and as a term of her formal probation in a criminal case. Decedent would receive weekly outpatient drug treatment at an intensive outpatient program. On January 20, 2017, defendants negligently kicked...

Excerpt: ...ry 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, and ‘all inferen...

Excerpt: ...rom May 16, 2018 to July 24, 2018. LEGAL AUTHORITY CCP § 2032.220(a) states: “In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2) The examination is conducted at a location within 75 mile...

Excerpt: ...OUND On September 20, 2017, plaintiff Deborah Dix filed a complaint against defendants Hudson Pacific Properties, Inc. and Andrews International, Inc. for premises liability. She alleges that on November 18, 2016, while on defendant's premises, defendants negligently caused conditions, which resulted in a security barrier striking plaintiff resulting in injuries and damages. Trial is set for March 2, 2019. LEGAL STANDARD Interrogatories If a part...

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

Excerpt: ... on an incident that occurred on March 12, 2015. <005100560057000300b300 005b0044005100470048[r Lopez Mendez.” LEGAL STANDARD CCP § 473 “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 neglect. Application for this relief shall be accompanied by a copy of...

Excerpt: ...§426.30(a) states: “Except as otherwise provided by statute, if a party against whom a complaint has been filed and served fails to allege in a cross-complaint any related cause of action which (at the time of serving his answer to the complaint) he has against the plaintiff, such party may not thereafter in any other action assert against the plaintiff the related cause of action not pleaded.” “'Related cause of action' means a cause of a...

Excerpt: ...arehouse in Indianapolis, Indiana. Plaintiff was unloading cargo from a truck owned and/or operated by defendant Chany. Defendant Chany was negligent in proximately causing the subject accident in that its driver prematurely moved the truck while plaintiff was still unloading cargo from the truck. Prior to the incident, Bluestar and plaintiff entered into a verbal employment agreement in California that called for plaintiff to move to Indiana and...

Excerpt: ...ncident that occurred on February 24, 2017. Plaintiff alleges that defendants were in possession and control of the premises at 11652 York Avenue, Apartment 1, in Hawthorne. Defendants employed Doe 1 to do work on the wall heater unit at the apartment. After completing some repair work on the heater, but having not fully inspected it, Doe 1 informed the tenant and plaintiff to no turn on the wall heater unit until smoke detectors were installed i...

Excerpt: ...ce, and Does 11 through 50 for motor vehicle negligence based on an incident that occurred on October 27, 2014. On December 27, 2017, plaintiff filed amendments to complaint, designating JM Container Services, Inc. as Doe 11 and Affordable Waste Solution, Inc. as Doe 12. On February 23, 2018, Plaza Indemnity Company filed a notice of stay of proceedings based on BinsBinsBins, Inc. notice of filing a bankruptcy petition. DISCUSSION Pursuant to CCP...

Excerpt: ...auses of action for general negligence and motor vehicle negligence. Compl. at pp. 4—5. It arises from an incident on June 23, 2015, when Michael was laying in the grass of Arcadia Park at 405 S. Santa Anita Avenue, Arcadia, California. Compl. at p. 4. Defendant Pedro Serrano Herrera drove a vehicle on the lawn. Id. Defendant Herrera was an employee of Defendant Azteca Landscape. Id. Defendant Herrera drove over Michael's shoulder, face, and bo...

Excerpt: ... to compel plaintiff's physical examination. He was ordered to appear on or before June 1, 2018. Trial was continued to July 10, 2018. LEGAL STANDARD The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. See Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915; People v. Prince (1968) 268 Cal. App. 2...

Excerpt: ...s 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 matter, or has not been drawn or filed in confor...

Excerpt: ...unsel's motion to be relieved as counsel. On January 17, 2017, plaintiff's counsel filed a proof of service of the order. On March 13, 2018, the court granted defendant's motions to compel plaintiff to serve responses to defendant's form and special interrogatories, request for production of documents, and request for admissions, within 20 days. Trial is set for August 13, 2018. LEGAL STANDARD Pursuant to CCP § 2033.280(b), a party may move for ...

Excerpt: ...p and fall on stairs on November 26, 2015. 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 ...

Excerpt: ... 2016, as plaintiff was getting on the elevator, the unleveled surface between the elevator room and the floor caused plaintiff to trip and fall. On October 25, 2017, Vatche B. Kalaidjian, ind. and dba JSK Properties filed an answer. Trial is set for November 13, 2018. 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 ...

Excerpt: ...opposition, and reply papers. BACKGROUND On April 7, 2017, plaintiff Eric Robinson filed a complaint against defendants Loews <0025004800440046004b00 002c005100460011000f[ Loews Corporation, Strategic Hotels and Resorts, Inc., and Melissa Eppling for premises liability. Plaintiff alleges that on April 18, 2015, she was lawfully on the premises when suddenly and without notice, she was struck by a large outdoor patio umbrella that was not properly...

Excerpt: ...ity. The complaint arose from a slip and fall on September 13, 2015, at a Food 4 Less grocery store in Los Angeles. Demurrer at p. 1. Defendant Schur Packaging Systems, Inc. (“Defendant”) filed this demurrer on February 5, 2018. Plaintiff filed an opposition on March 21, 2018. LEGAL STANDARD Meet and Confer Requirement C.C.P. Section 430.41(a) requires that “[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet...

Excerpt: ... an incident that occurred on August 5, 2015, in San Bernardino. Trial is set for January 11, 2019. LEGAL AUTHORITY CCP § 2032.220(a) states: “In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusi...

Excerpt: ...9, 2017, defendant Arutyunyan answered. On October 25, 2017, plaintiff filed an amendment designating Angela Khurdajian as Doe 1. DISCUSSION Defendant Angela Khurdajian requests that the court quash service of the summons and complaint. A defendant may serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her. CCP §418.10(a). CCP §418.10 provides the exclusive procedure for ...

Excerpt: ...uang, MD, Shelby Resnick, MD, Charles D. Best, MD, Sumeet K., Syan-Bhanvadia, MD, and Wendy Y. Liu, MD for medical negligence, negligent infliction of emotional distress, corporate negligence, and negligent hiring, supervision, or retention. LEGAL STANDARD Pursuant to CCP § 2033.280(b), a party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a m...

Excerpt: ...m Harry Fairchild, Jr. for motor vehicle negligence based on an incident that occurred on September 1, 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 <0003004500480003005600 0057004b004800030050[oving ...

Excerpt: ...o appearances, the FSC was taken off calendar. On October 18, 2017, on the date set for a jury trial, there being no appearances, the court dismissed the case without prejudice pursuant to CCP section 581(b)(3). LEGAL AUTHORITY CCP § 473(b) states, in relevant part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a . . . dismissal . . . taken against him or her through his or her mistake, ...

Excerpt: ...otion 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 these two conditions are met: “(1) The party has subsequently served a response that is in subs...

Excerpt: ...hair, which was broken and defective, and was injured. On March 14, 2017, plaintiff filed an amendment naming Kia of Downtown Los Angeles (“Kia”) as Doe 1. On May 15, 2017, plaintiff filed a request for dismissal as to Universal City Nissan. <0048005000580055005500 48005500110003[ On November 3, 2017, plaintiff filed a First Amended Complaint against Universal City Nissan, Inc. and Kia of Downtown Los Angeles, alleging that he was injured at ...

Excerpt: ... “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843. “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the e...