Excerpt: ...BACKGROUND On September 10, 2015, plaintiff Alma Alcaraz filed a complaint against defendants Poison Ivey, Inc., dba Poison Ivy, Harout Balyan, Eddie Shimonov, and Serge for premises liability. Plaintiff alleges that on September 13, 2014, plaintiff's co-employee and employee of defendant caused a florescent light fixture to break and fall from the ceiling, striking plaintiff's leg, and causing serious personal injuries. Plaintiff further alleges...

Excerpt: ...n May 9, 2018, the court granted defendant's motions to compel discovery requests. Trial is set for May 9, 2019. DISCUSSION Defendant requests that the court impose terminating sanctions against plaintiff for his failure to comply with the court's order dated May 9, 2018. Defendant further requests that the court impose additional monetary sanctions in the amount of $620. If a party fails to comply with a court order compelling discovery response...

Excerpt: ...order, the trial date was continued from December 27, 2017 to April 30, 2018. On April 6, 2018, pursuant to stipulation and order, the trial date was continued from April 30, 2018 to June 20, 2018. On June 6, 2018, at an ex parte hearing, the court continued the trial date to September 6, 2018. All discovery and motion cut-off dates were continued with the trial date. LEGAL STANDARD Under CCP §1008(a), “When an application for an order has bee...

Excerpt: ...al distress (“NIED”). On April 20, 2018, the Court sustained Defendant Providence Tarzana Medical Center's (“Defendant”) demurrer to the NIED cause of action, on the grounds that more facts were needed for the bystander theory. Plaintiffs filed a First Amended Complaint on May 18, 2018. On June 18, 2018, Defendant filed a demurrer to the NIED claim. Plaintiffs filed their opposition on June 28, 2018. Plaintiffs' complaint arises from the ...

Excerpt: ... On February 1, 2018, pursuant to order and stipulation, the trial date was continued from April 30, 2018 to August 30, 2018. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Under CRC Rule 3.1332(b), “A party seeking a continuance of the date set for trial, whether contested ...

Excerpt: ...018. On April 18, 2018, pursuant to order and stipulation, the trial date was continued from April 18, 2018 to August 6, 2018. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Under CRC Rule 3.1332(b), “A party seeking a continuance of the date set for trial, whether contested...

Excerpt: ...dered the moving and opposition papers. BACKGROUND On May 20, 2016, plaintiff Virginia Ontiveros filed a complaint against defendant Los Angeles Unified School District for premises liability. Plaintiff alleges that on May 21, 2014, she was lawfully on the defendant's premises, and was attending an adult education class when she was hit in the head and knocked unconscious by a participant in an organized school sports activity. Trial is set for D...

Excerpt: ...n a bus operated by defendant. On December 28, 2017, pursuant to order and stipulation, the trial date was continued from February 20, 2018 to June 18, 2018. On April 18, 2018, pursuant to order and stipulation, the trial date was continued from June 18, 2018 to August 15, 2018. On May 15, 2018, the court granted plaintiff's counsel's motion to be relieved as counsel. DISCUSSION Defendant Los Angeles County MTA requests an order compelling plaint...

Excerpt: ...ions to compel discovery responses as against defendant Marianne Meza and the court deemed admitted the matters in the requests for admissions as to both defendants. Trial is set for December 17, 2018. DISCUSSION Plaintiff requests that the court impose issue, evidence, or terminating sanctions against both defendants, and for monetary sanctions in the amount of $2,482.50. If a party fails to comply with a court order compelling discovery respons...

Excerpt: ...ow §§ 387(d)(1) and (d)(2)] and Labor Code § 3853, Sequoia Insurance Company (“Sequoia Insurance”) requests leave to file a complaint-in- intervention for subrogation of worker's compensation benefits. CCP § 387(d) states: “(1) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) A provision of law confers an unconditional right to in...

Excerpt: ... 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 time to re...

Excerpt: ... 13, 2017, plaintiff Odis Adaly Solis Funez filed a complaint against defendant Agustin Gonzalez Moreno for motor vehicle negligence based on a November 14, 2015 collision. Trial is set for May 13, 2019. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. CCP §2030.290(b). The statute contains...

Excerpt: ...laintiff Sokkhim Lay, ind. and in her capacity as executor of the Estate of Veng Ban, filed a complaint against defendants South Bay Ambulance, Inc. and Vanessa Natalie Pacheco for wrongful death based on an incident on June 10, 2013. Plaintiff alleges that as a result of the subject incident, decedent suffered serious personal injuries for which he treated and for which he died from on December 20, 2016. On October 31, 2017, plaintiff Lay filed ...

Excerpt: ... in relevant part: “When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of:...

Excerpt: ...16. On May 4, 2018, the court granted defendant's motion to strike punitive damages in the complaint. On May 23, 2018, plaintiffs filed a First Amended Complaint. LEGAL STANDARD The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. CCP § 436(a). The court may also strike all or any part of any pleading not drawn or filed in confor...

Excerpt: ... on a collision that occurred on September 20, 2017. On February 6, 2018, a notice of settlement of entire case was filed by plaintiff. On May 17, 2018, no parties appeared for the OSC re dismissal. The court ordered the case dismissed for plaintiff's failure to appear and failure to prosecute. 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 representativ...

Excerpt: ...s liability based on a February 24, 2017 incident. On April 9, 2018, defendants filed a cross complaint against Christina Dilan for contractual indemnity, comparative fault, equitable indemnity, contribution, and declaratory relief. LEGAL STANDARD Actions in which the amount in controversy is $25,000 or less are classified as limited jurisdiction cases. CCP § 86(a)(1). CCP § 403.040 provides, in relevant part: “(a) The plaintiff . . . may fil...

Excerpt: ...ignating Estate of Daljit Singh Jandu as Doe 1. Defendant Jandu passed away on May 17, 2017. Trial is set July 5, 2019. DISCUSSION Defendant Estate of Daljit S. Jandu requests that the court quash service of summons for defective service. The proof of service filed on April 27, 2018 indicates that “Estate of Daljit Singh Jandu” was substitute served at 7055 Lennox Ave., #209, Van Nuys, CA by substitute service on April 25, 2018, at 4:55 p.m. ...

Excerpt: ...is Yeo for motor vehicle negligence based on a August 13, 2013 collision. On April 24, 2018, the court granted defendants' motion to compel the depositions of plaintiffs. Trial is set for January 22, 2019. DISCUSSION Defendants request that the court impose terminating sanctions and monetary sanctions against plaintiffs for their failure to comply with the court's order dated April 24, 2018. Alternatively, defendants request that the court order ...

Excerpt: ...d the moving papers. BACKGROUND <0051005700520056000300 0003> Helen Nohemy Palenciacano filed a complaint against defendant Chelsea Nicole Didier for motor vehicle negligence based on a February 7, 2016 collision. Trial is set for February 25, 2019. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary san...

Excerpt: ...enter Productions, Abode Communities, Mary Andrews Clark Residence, and Warner Bros. Entertainment, Inc. for premises liability based on a November 24, 2014 trip and fall incident. On January 11, 2018, pursuant to order and stipulation, the trial date was continued from May 22, 2018 to August 22, 2018. On January 24, 2018, the court granted Sergio J. Puche's motion to be relieved as plaintiff's counsel. On May 30, 2018, the court granted defendan...

Excerpt: ...l Services, Inc. (“Defendant”) filed a demurrer to the initial complaint, which was taken off calendar as moot due to the filing of the FAC. Defendant filed its demurrer and motion to strike to the FAC on June 18, 2018. No opposition was filed. Defendant filed a notice of non-opposition on July 12, 2018. Plaintiff's complaints arise from apparent dental malpractice by Defendant. While there are no factual allegations in the FAC, the initial c...

Excerpt: ...2016. On April 10, 2018, the court granted defendant's motion to strike punitive damages. On April 30, 2018, plaintiffs filed a First Amended Complaint. LEGAL STANDARD The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. CCP § 436(a). The court may also strike all or any part of any pleading not drawn or filed in conformity with ...

Excerpt: ...on to their insured, Lusan Chua, based on a collision that occurred on September 27, 2012. On September 9, 2013, a default was entered against defendant. On November 14, 2014, the court rejected the request for default judgment because plaintiff had not filed and served a statement of damages. On March 17, 2015, plaintiff filed a notice of unconditional settlement of entire case. On May 5, 2015, the case was dismissed without prejudice at the req...

Excerpt: ...allow plaintiff to file supplemental evidence. BACKGROUND On December 22, 2016, plaintiff Lu Fan, an individual, and on behalf of decedent party baby boy, Edward Zhao, filed a complaint against defendants Helen T. Huynh, M.D., and Medical Staff Organization of Greater El Monte Community Hospital, Inc. for medical malpractice based on wrongful death. Trial is set for October 2, 2018. DISCUSSION Pursuant to CCP §1030, defendant AHMC Greater El Mon...