Excerpt: ...th of the matters admitted in the requests for admission. On December 19, 2017, there were no appearances at the Final Status Conference. On January 5, 2018, on the trial date, there were no appearances 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 . ....

Excerpt: ...15, plaintiff was a patient of the health center. In an induced state of confusion, fear, an anxiety, he was allowed to leave his room, enter an unsafe area, broke a window with components that should have been securely affixed, and tumbled to the pavement below, suffering permanent bodily injuries. On July 6, 2017, pursuant to stipulation and order, the trial date was continued from October 25, 2017 to February 14, 2018. On December 28, 2017, pu...

Excerpt: ...edical Center L.P. and Rudolpho Campos for battery based on an incident that occurred on July 6, 2014. Trial was continued to April 30, 2018. DISCUSSION Defendants request an order compelling plaintiff to attend her deposition. CCP §2025.450(a) provides: “If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it,...

Excerpt: ...oreno for general negligence, negligent entrustment of motor vehicle, and negligent hiring, supervision, and retention. On May 31, 2017, plaintiff filed a First Amended Complaint (“FAC”) for general negligence (against Officer Moreno) and statutory relief (against CHP). 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: ...tiff alleges that the stairs were constructed and maintained in a dangerous condition causing plaintiff to fall and suffer injuries and damages. DISCUSSION Pursuant to CCP § 387, Insurance Company of the State of Pennsylvania (“Insurance Company”) requests leave to file a complaint-in-intervention for subrogation of worker's compensation benefits. CCP § 387(a) provides that, “[u]pon timely application, any person, who has an interest in t...

Excerpt: ...umbrella was propelled from an outdoor table located on Lascari's patio, flew in her direction, and struck her, causing injury. Trial is set for November 8, 2018. LEGAL AUTHORITY CCP § 36 states, in relevant part: “(a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action...

Excerpt: ...SCUSSION Pursuant to CCP § 387(a), State Farm requests leave to file a complaint in intervention. CCP § 387(a) provides that, “[u]pon timely application, any person, who has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both, may intervene in the action or proceeding. An intervention takes place when a third person is permitted to become a party to an action or proceeding between o...

Excerpt: ...n to strike punitive damages, with leave to amend. On April 28, 2017, plaintiff filed a First Amended Complaint (“FAC”). 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 o...

Excerpt: ...laintiff who was on his motorcycle. Compl. at p. 3. He describes the employee as having made an unsafe turn and cut off Plaintiff. Id. Plaintiff identifies the employee as Nicholas Anthony Dominguez. Id. There are three causes of action in the complaint: (1) automobile negligence against all defendants; (2) negligent entrustment against all defendants; and (3) negligent supervision against Defendant Papa John's International. Compl. pp. 4—6. <0...

Excerpt: ...es liability and negligence based on an incident that occurred on June 11, 2015. On September 11, 2017, LBUSD filed an answer. Trial was continued to September 24, 2018. DISCUSSION Defendant LBUSD requests that the court impose terminating sanctions against plaintiff Jose Carbajal for his failure to comply with the court's order dated January 16, 2018. Defendant also requests monetary sanctions. If a party fails to comply with a court order compe...

Excerpt: ... 12, 2017, the court granted plaintiff's counsel's motion to be relieved as counsel, effective that date. On December 28, 2017, the court granted defendants' motions to compel discovery requests. Trial is set for July 18, 2018. DISCUSSION Defendants MV Transportation, Inc. and Jaime Carrillo Fierros request that the court impose terminating sanctions against plaintiff Mario F. Lopez for his failure to comply with the court's order dated December ...

Excerpt: ...n July 7, 2015. Plaintiff allege he was crossing Hope Street, when all of a sudden, he tripped and fell on a metal plate, which was raised. On December 22, 2016, defendant filed an answer. DISCUSSION Plaintiff requests an order compelling defendant City of Los Angeles, by and through its persons most qualified, to appear for deposition and produce documents. CCP §2025.450(a) provides: “If, after service of a deposition notice, a party to the a...

Excerpt: ...ts RIM Hospitality, Inc. (“RIM”) and Hilton Worldwide Holdings, Inc. for negligence, premises liability, and strict product liability. Plaintiff alleges that on July 23, 2014, plaintiff was a guest at the Double Tree Hotel in downtown Los Angeles, and while plaintiff was riding in the elevator at the hotel, he sustained severe injuries as a result of the elevator failing to operate properly. On April 5, 2016, the court granted RIM's motions t...

Excerpt: ...Los Angeles, LLC, and EAN Holdings, LLC for (1) negligence, and (2) vehicle owner liability pursuant to Vehicle Code §17150, based on a three-vehicle motor vehicle accident that occurred on January 18, 2015. Trial is set for August 14, 2018. LEGAL STANDARD “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue ther...

Excerpt: ... on an incident that occurred on November 22, 2015. Plaintiff alleges that she requested Uber services to transport her from a friend's house to her residence. Plaintiff was picked up shortly after her request by defendant/driver, Jennifer. As they were travelling, defendant Jennifer impacted a parked commercial van. On January 18, 2018, the court denied without prejudice plaintiff's motion for leave to amend. Trial is set for October 4, 2018. LE...

Excerpt: ...r. Trial is set for July 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 shown in the moving papers is that a set of interrogatories was properly serv...

Excerpt: ... included Defendants Does 1 to 100. The complaint arose from a crash on October 4, 2014, in which a vehicle crashed into the storefront walls and windows of the Jolly Donuts Shop in Canoga Park. Demurrer at p. 4. Plaintiff was in the shop during the crash. Id.; Compl. at p. 5. Plaintiff filed two amendments to the complaint on November 17, 2017, to name Defendants Sivlai Chung, an individual, and Sivlai Chung dba Jolly Donuts (“Defendants”). ...

Excerpt: ...on for summary judgment. On May 20, 2016, defendant filed and served a Notice of Entry of Judgment. Judgment was entered on June 29, 2016 in favor of Galpin Motors, Inc. dba Galpin Studio Rentals. DISCUSSION Plaintiff Tamara Harris requests a new trial. The motion fails to satisfy the requirements of CCP §657. Plaintiff does not specify any of the legally recognized and codified grounds upon which a court can grant a new trial. Further, the moti...

Excerpt: ... that on August 16, 2014, plaintiff fell into an uncovered trench and was injured. On April 13, 2015, plaintiff filed an amendment to complaint, designating Los Angeles City as Doe 1. On July 8, 2015, the City of El Segundo was dismissed. On August 8, 2016, plaintiff filed an amendment, designating Northwest Excavating, Inc. as Doe 2. On November 10, 2016, plaintiff filed another amendment, designating Northwest Excavating, Inc. as Doe 2. On Sept...

Excerpt: ...ainst defendants Paul Stoakes and Sign for battery. On March 24, 2017, pursuant to stipulation and order, the trial date was continued from April 10, 2017 to August 7, 2017. On July 6, 2017, pursuant to stipulation and order, the trial date was continued from August 7, 2017 to October 6, 2017. On September 25, 2017, at the FSC, the court continued the trial date to October 16, 2017, at 1:30 p.m. in light of the motion to continue trial. On Octobe...

Excerpt: ...egligence, (2) liability for the wrongful act or omissions by LA County MTA, (3) liability against LA County MTA for violating its duties and responsibilities as a common carrier per Civil Codes §§2100, 2101, and 2103, and (4) premises liability. On July 21, 2016, plaintiff dismissed LA County MTA. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the part...

Excerpt: ...endants Maciel Santiago and American Scale Company, Inc. for motor vehicle negligence based on an incident that occurred on May 5, 2015. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. CCP §2030.290(b). The statute contains no time limit for a motion to compel where no responses have been ...

Excerpt: ... based on a slip and fall on July 15, 2014. On August 15, 2017, defendant Northgate Gonzalez, LLC filed an answer. Trial is set for July 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 ...

Excerpt: ..., designating Luis Briseno as Doe 1. On September 15, 2017, plaintiff filed an amendment, designating Hard Work Dedication Fitness, LLC as Doe 2. DISCUSSION Defendants Hard Work Dedication Fitness, LLC and Luis Briseno request an order compelling plaintiff's claims to arbitration. Under CCP § 1281, a “written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, sa...

Excerpt: ...m 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. 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 ...

Excerpt: ...aintiff dismissed City of Los Angeles. On May 1, 2017, plaintiff dismissed County of Los Angeles. On December 11, 2017, the court granted defendant Regents' motion to compel verifications to plaintiff's responses to discovery and motion to compel deposition of plaintiff. On February 23, 2018, the court granted plaintiff's counsel's motion to be relieved as counsel. On March 2, 2018, a proof of service was filed of the order relieving counsel. Tri...

Excerpt: ...017, the court granted defendant's motions to compel plaintiffs to respond to written discovery. Trial is set for April 24, 2018. DISCUSSION Defendant Omar Torres requests that the court impose terminating sanctions against plaintiffs for their failure to comply with the court's order dated December 28, 2017. Defendant also requests a monetary sanction against plaintiffs in the amount of $560. If a party fails to comply with a court order compell...

Excerpt: ...e Gonzalez, LLC filed an answer. Trial is set for July 16, 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 at the same time as the answer to the complaint or cross-complaint. (b) Any other cross-complaint may be filed at any time before the court has set a date for trial. (c) A party shall obtain leave of court...

Excerpt: ...st National Insurance Company (“Everest”) requests leave to file a complaint in intervention. CCP § 387(a) provides that, “[u]pon timely application, any person, who has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both, may intervene in the action or proceeding. An intervention takes place when a third person is permitted to become a party to an action or proceeding between ot...

Excerpt: ...s set for June 29, 2018. LEGAL STANDARD The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. See Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915; People v. Prince (1968) 268 Cal. App. 2d 398. CRC Rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be direc...

Excerpt: ...nst defendants Todd Fred Landman and Russell William Landman for motor vehicle negligence based on an incident on November 17, 2016. Trial is set for July 12, 2018. LEGAL STANDARD 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 diag...

Excerpt: ...tiff filed an Amendment to Complaint, designating Berg Nelson Company (“Berg Nelson”) as defendant Doe 1. On August 8, 2017, the court granted defendant Berg Nelson'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...

Excerpt: ...has not filed any proofs of service showing that defendants have been served. Trial is set for August 1, 2018. LEGAL STANDARD The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. See Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915; People v. Prince (1968) 268 Cal. App. 2d 398. CRC Rule 3.1362 (...

Excerpt: ... for motor vehicle negligence based on an incident that occurred on May 17, 2016. On December 11, 2017, the court denied the notice of related case as to BC637973 and BC662224. LEGAL STANDARD CCP § 1048 states: “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make su...

Excerpt: ... for motor vehicle negligence based on an incident that occurred on May 17, 2016. On December 11, 2017, the court denied the notice of related case as to BC637973 and BC662224. LEGAL STANDARD CCP § 1048 states: “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make su...

Excerpt: ...uant to stipulation and order, the trial was continued from April 3, 2017 to July 11, 2017. On April 6, 2017, Plaza Medical Office Building, LLC filed a cross-complaint against Imperial Parking Industries, Inc. for indemnification, apportionment, and declaratory relief. Trial was continued to May 23, 2018. DISCUSSION Pursuant to CCP § 387, Old Republic Insurance Company requests leave to file a complaint-in-intervention for subrogation of worker...

Excerpt: ...tly owned, maintained, and operated a Ferrari so that plaintiff who was driving a motor scooter collided with the pavement. Trial is set for March 13, 2018. LEGAL STANDARD 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 t...

Excerpt: ...uant to stipulation and order, the trial was continued from April 3, 2017 to July 11, 2017. On April 6, 2017, Plaza Medical Office Building, LLC filed a cross-complaint against Imperial Parking Industries, Inc. for indemnification, apportionment, and declaratory relief. Trial was continued to May 23, 2018. DISCUSSION Pursuant to CCP § 387, Old Republic Insurance Company requests leave to file a complaint-in-intervention for subrogation of worker...

Excerpt: ...ulation and order, the trial date was continued from September 25, 2017 to January 25, 2018. On December 14, 2017, pursuant to stipulation and order, the trial date was continued from January 25, 2018 to March 26, 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 ...

Excerpt: ...tion of attorney. Trial is set for June 12, 2018. 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 monetary sanction under Chapter 7 (commencing with Section 2023.010). “Failure to timely respond to RFA does not result in automatic admissions. Rather, the propounder of the RFA must ‘move...

Excerpt: ... a cross-complaint for equitable indemnity, equitable apportionment of fault, and declaratory relief. On November 30, 2016, The Bicycle Casino filed a First Amended Cross-Complaint for breach of written contract to indemnify, equitable indemnity, equitable apportionment of fault, and declaratory relief, although it appears to not have been served on Superior. On December 14, 2016, plaintiff filed an amendment to complaint, designating Superior El...

Excerpt: ...er as to the 1st cause of action. On October 31, 2017, the court granted County's motion for summary judgment. LEGAL STANDARD “A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of dismissal, or within 180 days after entry of...

Excerpt: ...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 conformity with laws. CC...

Excerpt: ...s' motions to compel discovery responses and to compel plaintiff Jacobo to appear for her deposition. On November 12, 2017, the court granted plaintiffs' counsel's motion to be relieved as counsel. Trial is set for March 27, 2018. DISCUSSION Defendants request that the court impose terminating sanctions against plaintiff Marisela Jacobo for her failure to comply with the court's order dated October 26, 2017. If a party fails to comply with a cour...

Excerpt: ...ber 23, 2017. Plaintiff contends that the clerk's office violated the provisions of CCP §1010.6 and Gov. Code §68634, by failing and refusing to accept plaintiff's timely and properly filed application for fee waiver in connection with plaintiff's filing of the complaint. Plaintiff contends that on October 23, 2017, plaintiff filed via the e-Delivery system the complaint, coversheet, summons, civil cover sheet, request to waive court fees, and ...

Excerpt: ...h an action takes place, is statutorily governed by the type or form of the particular action. [Citation omitted.] ‘Venue is determined based on the complaint on file at the time the motion to change venue is made.' [Citations.] (Brown v. Superior Court (1984) 37 Cal. 3d 477, 482 . . . .).” Lebastchi v. Superior Court (1995) 33 Cal. App. 4th 1465, 1469. CCP § 395(a) provides, in relevant part, “[e]xcept as otherwise provided by law and sub...

Excerpt: ...truck by a train. He suffered severe injuries including head trauma and broken bones. Defendants failed to maintain their premises in a reasonably safe manner and failed to warn of any dangers. On December 14, 2016, pursuant to stipulation and order, the trial date was continued to October 24, 2017. On February 14, 2017, the court granted plaintiff's counsel's motion to be relieved as counsel. The court ordered that plaintiff's counsel shall prep...

Excerpt: ...D 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 likewise, in its discretion, after notice to the adverse ...

Excerpt: ...Mount Baldy, California. The road goes through a subdivision approved by the County. A flash flood swept the car off the road and into a creek, causing Lee's death. SAC at p. 5. Plaintiffs filed a complaint against defendants County of Los Angeles and others on September 3, 2015. They filed a first amended complaint on August 3, 2018, alleging two causes of action for general negligence and premises liability. The general negligence cause of acti...

Excerpt: ...against defendant Sam's West, Inc. dba Sam's Club for premises liability. Plaintiff alleges that on November 3, 2014, he slipped and fell. On January 4, 2017, the court granted plaintiff's counsel's motion to be relieved as counsel. On January 17, 2017, plaintiff's counsel filed a proof of service of the order. Trial is set for August 13, 2018. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely ...

Excerpt: ...June 7, 2014. On September 28, 2017, on an ex parte application, the court continued the trial date to April 11, 2018, along with all discovery dates. 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 ...

Excerpt: ... March 13, 2018 to allow cross‐defendant Navarro to provide further information. BACKGROUND On December 7, 2015, plaintiff's Haizel Adelyn Alvarez Hernandez, Joseph Alexander, and Alvarez Hernandez filed a complaint against defendants State of California, State of California—Cal Trans, and County of Los Angeles for dangerous condition of public property. Plaintiffs allege that on February 27, 2015, plaintiffs' decedent was a passenger in a ve...

Excerpt: ... Abbott for negligence and negligence per se, premises liability, and negligent entrustment. On November 4, 2016, plaintiff filed a First Amended Complaint. Plaintiff alleges that on September 5, 2013, she was present at the parking structure as a guest at an event hosted by defendants. As a direct and legal result of the dangerous condition of the premises and failure to warn of this danger, plaintiff suffered permanent severe personal injuries....

Excerpt: ...on “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...

Excerpt: ... uninsured motorist proceeding BS146270 (Mercury Casualty Co. v. Nelly Rock and Paul Sojai). On April 6, 2016, the court granted plaintiffs' motion to set aside the February 8, 2016 dismissal. On July 6, 2016, the court granted plaintiffs' counsel's motion to be relieved as counsel. On November 23, 2016, the court granted defendants Solomon and Small's motion to compel plaintiffs to provide verified responses to Form Interrogatories, Set Two, and...

Excerpt: ...ive damages. LEGAL AUTHORITY “Venue, the county in which an action takes place, is statutorily governed by the type or form of the particular action. [Citation omitted.] ‘Venue is determined based on the complaint on file at the time the motion to change venue is made.' [Citations.] (Brown v. Superior Court (1984) 37 Cal. 3d 477, 482 . . . .).” Lebastchi v. Superior Court (1995) 33 Cal. App. 4th 1465, 1469. CCP § 395(a) provides, in releva...

Excerpt: ...ng Yong- Tai Kim as Doe 1 and IMHO, Inc. as Doe 2. On May 9, 2017, plaintiff filed amendments to the complaint, designating Silver Oak Landscaping, Inc. as Doe 3 and Andrews International as Doe 4. 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 r...

Excerpt: ...ms proper, strike any irrelevant, false, or improper matter inserted in any pleading. CCP § 436(a). The court may also strike all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. CCP § 436(b). The grounds for a motion to strike are that the pleading has irrelevant, false or improper matter, or has not been drawn or filed in conformity with laws. CCP § 436. The gro...

Excerpt: ...ers Spa and Massage and Valleyheart Group LLC for premises liability based on a trip and fall in a very dimly lit parking area. Trial is set for November 26, 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 wh...

Excerpt: ...lty and Investments for negligence and strict liability based on a dog bite incident that occurred on May 8, 2014. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, ...

Excerpt: ...vanni Garcia, William Garcia, and Gustavo Garcia filed a complaint against defendant M.F. Salta Company Inc. for negligence/wrongful death based on an incident on August 24, 2014, whereby plaintiffs' decedent Lisandro Garcia attempted to operate a horizontal sliding gate on the premises at Boulevard Cadillac. The gate failed to stop at its designed stop limit and fell on Mr. Garcia, killing him. On March 7, 2016, plaintiffs filed an amendment to ...

Excerpt: ...ia filed a complaint against defendants Edgar Ghazaryan and Enterprise Rent-A-Car Company of Los Angeles, LLC for motor vehicle negligence based on an incident that occurred on July 24, 2016. On February 24, 2017, Ghazaryan filed a cross-complaint against Rosemary Flores. On April 5, 2017, plaintiffs filed a request for dismissal as to Enterprise. On April 26, 2017, Ghazaryan filed an amended cross-complaint against Rener-Mejia. On December 14, 2...

Excerpt: ... 2017, plaintiff Wisam Mubasher filed a complaint against defendants Andrew Wagner and Suellen Wagner for motor vehicle and general negligence based on a February 27, 2015 motor vehicle accident. Trial is set for July 24, 2018. LEGAL STANDARD “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the ...

Excerpt: ...orker's compensation benefits. CCP § 387(a) provides that, “[u]pon timely application, any person, who has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both, may intervene in the action or proceeding. An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is so...

Excerpt: ...udgment 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 inferences ...

Excerpt: ...ming Franks Clean Up, Inc. as Doe 1. On August 24, 2016, Central Transport/Liberty Bell Agency filed a lien claim pursuant to Labor Code §§ 3850-3864, claiming a first lien against any judgment, settlement, or recovery obtained by plaintiff for the purpose of recovering all workers' compensation benefits provided or which may be provided to or on behalf of plaintiff for the underlying workers' compensation matter concerning plaintiff. It states...

Excerpt: ...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 supporting declarations. The party mus...

Excerpt: ...ractice based on wrongful death. DISCUSSION Defendant Helen T. Huynh, M.D. requests that the court order plaintiff to post a security undertaking in the amount of $20,000, pursuant to CCP § 1030. Under CCP § 1030(a), when the plaintiff in an action resides out of the state the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs which may be awarde...

Excerpt: ... 2017, there were no appearances at the Final Status Conference. On June 30, 2017, 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, su...

Excerpt: ...Latter-Day Saints and Church of Jesus Christ of Latter-Day Saints for motor vehicle negligence based on an incident that occurred on October 28, 2013. On January 25, 2017, at an ex parte hearing, the trial date was continued from April 21, 2017 to October 6, 2017. On August 1, 2017, at an ex parte hearing, the trial date was continued from October 6, 2017 to March 9, 2018. On August 31, 2017, at an ex parte hearing, the trial date was continued f...

Excerpt: ... RESPONDING PARTY: None Motion to Compel Discovery Responses, Have Requests for Admission Deemed Admitted The court considered the moving papers and reply. No opposition was filed. BACKGROUND On April 19, 2016, plaintiffs Bobbi Patterson, Christina Williams, Albert Warren, Ryan Horner as guardian ad litem for Trinity Horner, and Raelyn Espitia filed a complaint against defendants Transport Express, Inc., Cascade Sierra Solutions, Carlos Guadalupe...

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: ...nd amended complaint. The court granted leave to amend, and a second amended compliant (“SAC”) was filed on October 5, 2017. On December 20, 2017, Plaintiff filed a request for dismissal of the entire action with prejudice. Before the action was dismissed, Defendant Loyd Martin filed a demurrer and motion to strike as to the SAC. Defendant Martin also filed a motion seeking sanctions for frivolous claims under Code of Civil Procedure section ...

Excerpt: ...s filed on June 11, 2015. Plaintiff moved to amend the complaint on January 11, 2018. Defendant filed an opposition to the motion on January 24, 2018. Plaintiff's reply was filed on February 1, 2018. Trial is currently set for this case on April 11, 2018. // // LEGAL STANDARD CCP section 473(a)(1) provides that the court “may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading.” Case law makes cl...

Excerpt: ...egligent hiring and supervision, battery, intentional infliction of emotional distress and negligent infliction of emotional distress. Plaintiff alleges that on June 19, 2016, he was about to enter the premises located at 532 S. Western Ave, Los Angeles, CA. Plaintiff claims that Defendant Lee was standing in the doorway, Defendant Lee asked Plaintiff a question and then struck Plaintiff in the face, breaking his jaw. In addition to claims agains...

Excerpt: ...earning Center, Inc. for negligence and negligent hiring, supervision, and retention based on an incident that occurred on February 6, 2015. DISCUSSION Minor Claimant is seven years old. Minor Claimant was on Defendant's premises and was playing on the playground when she fell over after sliding down the slide, sustaining a closed fracture of her humerus. Minor Claimant has recovered completely from her injuries and there are no permanent injurie...

Excerpt: ...negligence through her Guardian Ad Litem, John AJ Doe. On October 4, 2017, a notice of settlement was filed. DISCUSSION According to the Petition, Claimant is 12 years old. She alleges her teacher at LAUSD repeatedly subjected her to emotional and physical abuse, including kicking, pushing, name‐calling, etc. Claimant suffered psychological and emotional injuries as a result. She attended urgent care for a panic attack and had a therapy session...

Excerpt: ...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 evidence' and uncontradicted by other inferences or evidence,...

Excerpt: ...FedEx Office Print and Ship Center when defendant drove her vehicle through the plate glass window at the FedEx location. As a result, plaintiff fell over and a shelf then fell on top of her. Trial is set for July 16, 2018. DISCUSSION Defendant Helene Spiegel requests an order compelling Shalando Dartis to appear for an independent medical examination with a psychiatrist, James High, on March 6, 2018. “As a general matter, a defendant may obtai...

Excerpt: ...s proofs of service, all three Defendants were served on November 11, 2017, when Plaintiff's process server left documents with Jorge Martinez, the weekend manager of M & M Service, which is also Silva and Martinez's place of employment. While Martinez and M & M Service thereafter filed an answer, Silva filed the instant motion to quash, on the ground that on November 11, 2017, he was not an employee of M & M Service. DISCUSSION Defendant Ignacio...

Excerpt: ...iver, Lindsay Abbot, the owner of the church, Shepherd of the Hills, and the lessee of the church, Valley Outreach Synagogue. On October 28, 2016, Valley Outreach filed a cross‐complaint against Roes 1‐20, for equitable indemnification, contribution, and declaratory relief. On June 14, 2017, Valley Outreach filed a Roe Amendment to name T.B. Penick, the contractor of the garage, in its cross‐complaint. T.B. Penick answered on August 29, 201...

Excerpt: ...d a complaint against defendant 99 Cents Only Stores LLC for negligence based on an incident that occurred on June 5, 2013. On November 21, 2017, the court granted plaintiff's counsel's motion to be relieved as counsel, effective upon filing the proof of service of the signed order. On November 21, 2017, plaintiff's counsel filed a proof of service of the order to be relieved. Trial is set for March 6, 2018. LEGAL STANDARD Interrogatories If a pa...

Excerpt: ...e negligence based on an incident that occurred on August 11, 2016. 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, s...

Excerpt: ...ant to Respond to Demand for Production of Documents, Set No. One The court considered the moving papers. BACKGROUND On August 31, 2016, plaintiffs Shaneill Davis and Gerald Moultrie filed a complaint against defendants Timon Domineck Ganther-Tate and Caroline Lynn Johnson for motor vehicle negligence based on an incident that occurred on November 26, 2015. Trial is set for February 28, 2018. LEGAL STANDARD Interrogatories If a party to whom inte...

Excerpt: ...endants was provided to plaintiff for the purpose of retrieving used tires for recycling. The ladder failed during ordinary use and collapsed, causing plaintiff to fall and suffer injury. On July 12, 2017, plaintiff filed an amendment to complaint, designating Ilyas S. Hannoch as Doe 1. DISCUSSION Pursuant to CCP § 387(a), Travelers Casualty Insurance Company of America (“Travelers”), with respect to Eli's Muffler & Tire, requests leave to f...

Excerpt: ...nd (2) premises liability. Plaintiff alleges that on May 29, 2014, plaintiff was lawfully on the property at 3405 W. Imperial Hwy, which is an elementary school. Defendant was the general contractor exercising direct and personal charge of the construction project at the premises and the safety of the premises. On May 29, 2014, plaintiff was standing on erected scaffolding when he fell and landed on the unprotected rebar, causing him serious inju...

Excerpt: ...ainst defendant Ron A. Rosen Janfaza for assault and battery and IIED. On December 11, 2017, plaintiff filed a proof of service of the summons and complaint. 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 ...

Excerpt: ...te Insurance Co. (4) Motion to Quash or Modify Business Subpoena for Production of Business Records Directed to Medchex The court considered the moving and opposition papers. BACKGROUND On January 24, 2017, plaintiff Wisam Mubasher filed a complaint against defendants Andrew Wagner and Suellen Wagner for motor vehicle negligence based on an incident that occurred on February 27, 2015. Trial is set for July 24, 2018. DISCUSSION Plaintiff Wisam Mub...

Excerpt: ... District filed a subrogation complaint against Ynclan. The cases were related and consolidated. 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...

Excerpt: ...eges that dog or dogs bit her while she was lawfully on the sidewalk in front of 1043 S. Herbert Avenue, Los Angeles, moving along the sidewalk in her wheelchair. 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 cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint. (b)...

Excerpt: ...ant (self-represented) filed an answer. On December 11, 2017, the court granted plaintiff's motion to compel the deposition of defendant. Trial is set for March 9, 2018. DISCUSSION Plaintiff Johnny Aguilar requests that the court impose terminating sanctions against defendant Nestor Arturo Padilla for his failure to comply with the court's order dated December 11, 2017. Plaintiff also requests $2,560 in monetary sanctions. On December 11, 2017, t...

Excerpt: ...14, 2015, plaintiffs Justin and Chase Sherman filed a complaint against defendants Lakewood Regional Medical Center, Inc., Arthur F. Gelb, M.D., Telecare Corp., and La Casa Psychiatric Health Facility for wrongful death based on medical malpractice. On July 13, 2015, plaintiffs filed a First Amended Complaint. Trial is set for May 14, 2018. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely resp...

Excerpt: ...2016, plaintiff Catherine A. Kim, a minor by and through her guardian ad litem, Suzy Yoon, filed a complaint against defendants Progressive Rent a Car Inc. and Stav Even for motor vehicle negligence based on an incident that occurred on February 19, 2016, when she was a pedestrian in a cross-walk. DISCUSSION The court has reviewed the petition and finds the settlement amount to be fair and reasonable. Petitioner has attached copies of the doctor'...

Excerpt: ... On June 19, 2017, Marshalls of CA, LLC (erroneously sued as TJX Companies, Inc.) (“Marshalls”) filed an answer. On October 3, 2017, the court granted Marshalls' motions to compel responses to discover requests. Trial is set for February 20, 2018. DISCUSSION Defendant Marshalls requests that the court impose terminating sanctions against plaintiff for her failure to comply with the court's order dated October 3, 2017. On October 3, 2017, the ...

Excerpt: ...he court granted defendant's motion to quash. On April 3, 2017, at the OSC re dismissal (3-year OSC date), the court continued the hearing to June 19, 2017, as to why this case should not be dismissed for failure to serve the summons and complaint on defendant within three years after the action is commenced against defendant and for failure to file a valid proof of service of summons within sixty days after the time the summons and complaint mus...

Excerpt: ...leven, Inc. and William Anderson for premises liability based on a slip and fall on July 11, 2013. On March 16, 2017, plaintiff filed an amendment to complaint, designating JSVP Operating, Inc. as Doe 1. On October 27, 2017, defendants filed a cross-complaint against IP T, LLC dba FM Facility Maintenance for indemnity, declaratory relief, and contribution. Trial was continued from December 12, 2017 to April 10, 2018. DISCUSSION Pursuant to CCP §...

Excerpt: ...el filed the proof of service of the order granting counsel's motion to be relieved. Trial is set for February 15, 2018. DISCUSSION Defendant Pankaj Patel dba Travelodge requests an order compelling plaintiff Timothy Hughes to appear for his deposition. CCP §2025.450(a) provides: “If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examinati...

Excerpt: ...The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. See Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915; People v. Prince (1968) 268 Cal. App. 2d 398. CRC Rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of...

Excerpt: ...ANDARD 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 summary judgment if all th...

Excerpt: ...e Arbitration Award The court considered the moving, opposition, and reply papers. BACKGROUND On August 8, 2013, plaintiffs Jorge Fonseca Rodriguez, Juan Carlos Fonseca, Ana Karina Fonseca, Jorge Ivan Fonseca, Javier Fonseca, and Leticia Fonseca filed a complaint against defendants Vida Health Clinic, P.C., Clinica Medica San Miguesl, Haemo-Stat, Inc., dba Fresenius Medical Care, Whittier Hospital Medical Center, Ginger Leon, D.O., Martin Bande, ...