Excerpt: ...negligence. Trial is set for February 14, 2018. DISCUSSION Defendants and plaintiff request an order compelling plaintiff to appear for his deposition and independent medical examination with Dr. Tony Strickland in the United States. Defendants and plaintiff also request that the court continue the trial date to December 3, 2018. Compel deposition CCP § 2025.250 requires that depositions occur within 75- or 150-mile limits of the deponent's resi...

Excerpt: .... On April 4, 2017, plaintiff dismissed City of Los Angeles. On May 1, 2017, plaintiff dismissed County of Los Angeles. Trial is set for August 17, 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 (19...

Excerpt: ...erson Elementary School (together “Defendant”). Plaintiff alleges that on or about March 8, 2016, Defendant “negligently…maintained said premises as to directly and proximately cause injury to Plaintiff, Henry Barragan, while under their care and supervision.” (Complaint, p. 4 ¶ Prem.L-1; see also p. 5 ¶ GN-1.) On December 19, 2017, Defendant filed a notice motion for demurrer and motion to strike against Plaintiff's entire complaint....

Excerpt: ...zardous conditions existing, causing severe injuries.” (Complaint ¶ 6.) On October 11, 2017, Plaintiff filed a doe amendment, replacing two fictitious names with defendants, Carlos Cadiz and Cadiz & Cadiz Architects (together “Defendant”). On December 12, 2017, Plaintiff filed a Certificate of Merit under Code of Civil Procedure § 411.35. On January 11, 2018, Defendant filed a demurrer against Plaintiff's entire complaint. The court has c...

Excerpt: ...e Casino. He suffered injury while being transported by, and disembarking from, the bus. On July 13, 2015, plaintiff filed an Amendment to Complaint, substituting Yuan Fu Wang as defendant Doe 1. Trial is set for March 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 R...

Excerpt: ...was lying on the third level of a ship bunk. She was suddenly thrown from her bunk to the floor below and sustained serious injuries. On January 27, 2017, plaintiff filed amendments to complaint, designating Triton Sourcing Inc as Doe 1 and Scott Chang as Doe 2. Trial is set for June 28, 2018. LEGAL STANDARD The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the cl...

Excerpt: ...t that occurred on January 2, 2014. On December 19, 2017, plaintiff filed an amendment to the complaint, designating Sandra Ascencio as Doe 1. LEGAL STANDARD When considering demurrers, courts read the allegations liberally and in context. Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216, 1228. “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where...

Excerpt: ...Company, and Burdge & Associates Architects for premises liability. Plaintiff alleges that on November 13, 2014, while she was present at defendants' outdoor shopping mall, plaintiff tripped and fell as a result of an unmarked, unguarded height differential. Defendants' premises were negligently designed, built, owned, managed, inspected, operated, and maintained, thereby causing the premises to be in a dangerous condition. On May 1, 2017, plaint...

Excerpt: ...sed on common law, strict liability based on dog bite statute, and premises liability. On December 28, 2017, defendant Janette Sanchez filed a substitution of attorney. She is now representing herself. On February 5, 2018, defendant Lydio Sanchez filed an association of attorney, associating the law firm of Hanger, Steinberg, Shapiro & Ash. DISCUSSION Plaintiff requests an order compelling defendant Lydio Sanchez to appear for his deposition. CCP...

Excerpt: ... train when her heel got stuck between the train and platform edge, which caused plaintiff to fall and seriously injure herself. On December 22, 2016, defendant filed an answer. Trial is set for May 2, 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(...

Excerpt: ...ked up and struck plaintiff's body. LEGAL STANDARD Actions in which the amount in controversy is $25,000 or less are classified as limited jurisdiction cases. CCP § 86(a)(1). CCP § 403.040 provides, in relevant part: “(a) The plaintiff . . . may file a motion for reclassification within the time allowed for that party to amend the initial pleading. The defendant . . . may file a motion for reclassification within the time allowed for that par...

Excerpt: ...based on a slip and fall incident in her bathroom on September 13, 2013. On July 3, 2017, the court granted plaintiff's counsel's motion to be relieved as counsel, effective upon filing the proof of service of the order. On July 12, 2017, plaintiff's counsel filed a proof of service of the order. On December 5, 2017, the court granted defendants' motions to compel responses to supplemental discovery and request for admissions. The FSC/trial is se...

Excerpt: ...at a Wendy's store, located in Culver City, she was assaulted and subjected to false imprisonment by a security guard employed by Prestige. KNJ contracted with Prestige to provide security services. On July 3, 2017, plaintiff filed an amended complaint asserting negligence, false imprisonment, assault, IIED, and negligent hiring and supervision. DISCUSSION Plaintiff Denise Orioli requests that the court quash and/or modify the subpoenas served up...

Excerpt: ...hat 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 for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, a...

Excerpt: ...ant Pham Tuy dba Velvet Nails for general negligence. She alleges that in September 2015, defendant's tools and facilities to perform manicures and pedicures on plaintiff were contaminated with an infectious fungus. She contracted a serious fungal infection in the nails of her fingers and toes that proved difficult and expensive to treat. On January 29, 2018, plaintiff's counsel filed a motion to be relieved as counsel, set for March 13, 2018. Tr...

Excerpt: ...th February 15 and February 21. (The February 15 motion was subsequently cancelled by plaintiff.) On February 02, 2018, defendant Justin Terrance Gammage filed three identical oppositions, each stating that plaintiff's motions were improper, because plaintiff failed to first conduct an informal discovery conference. Defendant argued that all of plaintiff's discovery motions should be denied absent an IDC. Defendant further agreed to extend the fi...

Excerpt: ... the escalator when the escalator stopped and malfunctioned, causing plaintiff's injuries. Trial is set for March 6, 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 R...

Excerpt: ... bus became involved in an accident, injuring plaintiff. On September 18, 2017, City of Los Angeles, acting by and through the LA Department of Water and Power, filed a cross-complaint against LA County MTA for apportionment of fault, indemnification, and declaratory relief. On December 11, 2017, the court deemed BC669234 and BC670263 related. BC670263 On July 28, 2017, plaintiff Curtis Motel Holmes filed a complaint against defendant LA Departme...

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 evi...

Excerpt: ...d at Defendant's nightclub when she was knocked over, falling through a class table top. DISCUSSION Defendant seeks evidentiary and monetary sanctions against Plaintiff for failure to produce documents in response to Defendants Request for Production, Set Two. Alternatively, Defendant seeks an order compelling compliance and monetary sanctions. If a party fails to comply with a court order compelling discovery responses or attendance at a deposit...

Excerpt: ...negligently left on the floor causing injuries and damages.” (Complaint, p. 5/12 ¶ Prem.L‐1.) On August 29, 2017, Plaintiff filed an amendment to the complaint, replacing a fictitious name with the true name of a defendant, On Camera Audience, Inc. (“On Camera”). After Plaintiff's fictitious name amendment, Defendants deposed Plaintiff's wife, Jean Gurr. Following the deposition, On Camera filed a motion for judgment on the pleadings on ...

Excerpt: ...e other discovery, as to special interrogatories, plaintiff argues no responses were ever received. Plaintiff therefore requests that the court order defendant to provide responses. Plaintiff also requests $1,050.00 in sanctions. On February 06, 2018, defendant Justin Terrance Gammage filed an opposition stating that responses, without objections, were served on plaintiff on February 06, 2018. (Michaelson Decl. ¶ 2.) A copy of the responses were...

Excerpt: ...es, California. Plaintiff alleges a Los Angeles County Sheriff's employee was driving a car and ran a red traffic light. On November 22, 2017, plaintiff filed a first amended complaint. On December 12, 2017, defendants filed this motion to strike plaintiff's prayer for punitive damages from the first amended complaint. On February 5, 2018, plaintiff filed an opposition to the motion to strike. On February 9, 2018, defendants filed a reply. Hearin...

Excerpt: ...laintiffs filed CCP § 998 Offers to Compromise. It is unclear when these were accepted, but on November 17, 2017, plaintiffs filed a memorandum of costs, seeking costs for the suit. On December 07, 2017, defendant filed a motion to strike and/or tax costs. Subsequently on January 03, 2018, plaintiffs filed notices that the Offers to Compromise had been accepted. Additionally, on February 02, 2018, plaintiffs filed an opposition to defendant's mo...

Excerpt: ...aboghosian (4) Motion to Compel Responses to Interrogatories against Plaintiff Alen Karaboghosian (5) Motion to Deem Admitted Requests for Admissions against Plaintiff Alen Karaboghosian (6) Motion to Deem Admitted Requests for Admissions against Plaintiff Alfred Karaboghosian The court considered the moving papers. No opposition was filed. BACKGROUND On June 9, 2017, plaintiffs Alfred Karaboghosian and Alen Karaboghosian filed a complaint agains...

Excerpt: ... December 23, 2016, Plaintiffs filed the instant complaint against Defendants, alleging Defendants' gross negligence was the reason that Stella Davis died three weeks after having surgery at Defendant Long Beach Memorial Hospital. This action is brought by decedent Ms. Davis's daughter, Plaintiff Nina Allison, and decedent's alleged close friend, Plaintiff Marion Lee, Jr., for malpractice and wrongful death. LEGAL STANDARD Interrogatories If a pa...

Excerpt: ...aintiff brought suit against (1) MPI Ltd., the owner of the property; (2) DSL Construction Corp., the management company for the property; (3) Mickey Fine Enterprises, the lessee of the portion of the property where the café operates, and which was in possession of the premises where the fall occurred; (4) G and J Gross, Inc., which plaintiff alleges was part of the lease of the premises; and (5) CM Cleaning Solutions, Inc., the independent cont...

Excerpt: ...25, 207, Plaintiffs filed their First Amended Complaint against Defendants Eric S. Chan, MD (“Dr. Chan”), Eric S.P. Chan MD Inc., San Gabriel Valley Medical Center (the “SGV Med. Center”), and AHMC Healthcare, Inc., alleging causes of action for (1) Negligence – Professional Medical Negligence, (2) Negligence – Res Ipsa Loquitor, and (3) Loss of Consortium. Plaintiffs allege that on January 14, 2014, Plaintiff Guo arrived at SGV Med. ...

Excerpt: ...er 2, 2017. Defendant filed a demurrer to the FAC on January 4, 2018. // // LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216, 1228.) In a demurrer proceeding, the defects must be appar...

Excerpt: ...tes (“Defendant”) was driving Jet Speed Plumbing's work truck and collided with four parked vehicles. Plaintiff was in one of those vehicles. Trial is currently set for May 21, 2018. LEGAL STANDARD Continue Trial CRC, Rule 3.1332(c)‐(d) states: (c) Grounds for continuance Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmati...

Excerpt: ... maintained a common area staircase in an apartment building. Plaintiff was injured slipping and falling down the stairs. \\ \\ LEGAL STANDARD Interrogatories If a party that has propounded interrogatories believes that the responses received are evasive or incomplete, or that an objection to the interrogatories is without merit or too general, the propounding party may bring a motion to compel further responses to the interrogatories. (Code Civ....

Excerpt: ...cident where Plaintiff tripped over a grated steel hydraulic ramp attached to the defendants' service truck which was left unattended in an improper area in front of a medical doctor's office. As a result, Plaintiff fell and broke his hip and femur requiring him to undergo emergency hip replacement surgery. REQUEST FOR JUDICIAL NOTICE The Court grants Hugh Hoard Inc's request for judicial notice of Hugh Hoard Inc's statement of information field ...

Excerpt: ...e Alfredo Montiel (“Montiel”) and Wiemar Distributors Inc (“Wiemar”) (jointly “Defendants”) for negligence and negligence per se based on a January 3, 2014, motor vehicle accident where Montiel, an employee of Wiemar, caused a vehicle to vehicle collision with Plaintiff. On January 19, 2016, Plaintiff filed a first amended complaint. On September 18, 2017, Plaintiff filed a notice of settlement. On February 13, 2018, Defendants filed ...

Excerpt: ...r 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 taking of a deposition, the court, upon motion reasonably made by any person described in subdivision...

Excerpt: ...Historic Trust, and Hollywood Chamber of Commerce for general negligence and premises liability based on a June 2, 2015 accident where Plaintiff slipped and fell due to a dangerous condition of public property consisting of a hole in the sidewalk on Hollywood Boulevard. On August 23, 2016, Hollywood Chamber of Commerce was dismissed from this action with prejudice. On August 28, 2017, Plaintiff filed a notice of settlement. On August 30, 2017, th...

Excerpt: ... liability. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “Continuances before or during trial in civil cases are disfavored. The date set for trial shall be firm. . . . Except for good cause, the motion [for continuance] shall be made on written notice to all other parties. The notice shall be given and motion made promptly on the necessity for the continuance being ascertained. A continuance before or during trial shall not be granted except...

Excerpt: ...Production of Documents (Hearing Date: February 21, 2018). On January 03, 2018, plaintiff Juan Carlos Guevara filed four motions to compel further responses to discovery, with hearing dates spread across three different dates (February 15, 20, and 21). On February 02, 2018, defendant Justin Terrance Gammage filed three identical oppositions, each stating that plaintiff's motions were improper, because plaintiff failed to first conduct an informal...

Excerpt: ...d in an Informal Discovery Conference which resulted in a partial resolution. Defendant served Plaintiff with Form Interrogatories (Set One) and Special Interrogatories (Set One) on June 15, 2017. (Decl. Shraibati ¶¶1‐2; MTC Exs. “A” and “B”.) Plaintiff initially responded to Form Interrogatories (Set One) and Special Interrogatories (Set One) on August 4, 2017. (Decl. Shraibati ¶¶3‐4; MTC Exs. “C” and “D”.) Plaintiff prov...

Excerpt: ...ion to compel defendant's appearance and testimony at deposition. On January 31, 2018, defense counsel Law Offices of Gregory J. Lucett filed an association of attorneys as to law firm Kinkle, Rodiger & Spriggs. Trial is set for March 6, 2018. DISCUSSION Plaintiff requests that the court impose terminating sanctions against defendant Seda Stambulyan for her failure to comply with the court's order dated January 18, 2018. Plaintiff also requests $...

Excerpt: ...dba Vallarta Supermarkets #8 (“Defendant”) for premises liability. Plaintiff alleges that on October 29, 2014, she slipped and fell at a Supermarket Operated by Defendant. On November 21, 2017, the Court granted Defendant's (1) Motion to Compel Responses to Form Interrogatories, Set Two, (2) Motion to Compel Responses Special Interrogatories, Set Two, (3) Motion to Compel Responses to Request for Production of Documents, Set Two, (4) Motion f...

Excerpt: ... Defendant Rosales was driving a vehicle with all three Plaintiffs as passengers. Defendant drove through a red light and collided with another vehicle causing injury to Plaintiffs. Defendant filed a demurrer to the complaint on January 18, 2018. No opposition was filed in response. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747.) ¿When considerin...

Excerpt: ...AL STANDARD Continue Trial CRC, Rule 3.1332(c)‐(d) states: (c) Grounds for continuance Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. DISCUSSION On January 18, 2018, the parties stipulated to continue trial from its original date, March 12, 2018, to June 12, 2018. However...

Excerpt: ...and medical battery. On December 2, 2016, the court granted defendant Mark Lussier, M.D.'s motions to compel responses to form and special interrogatories and inspection demand within 15 days. On February 23, 2017, the court continued the hearing to April 7, 2017, on Dr. Lussier's motion to dismiss for failure to comply with court order at the request of plaintiff's counsel to allow plaintiff time to respond to the outstanding discovery. On April...

Excerpt: ...Martinez, M.D. and Valley Emergency Medical Associates, Inc. for medical malpractice. On May 17, 2017, plaintiff filed a First Amended Complaint. On January 19, 2018, plaintiff filed an amendment to complaint, designating Emergent Medical Associates as Doe 1. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine wheth...

Excerpt: .... On January 4, 2017, a default was entered against defendant Lauderdale. On June 30, 2017, plaintiff filed a request for dismissal as to defendant McDonald. On September 11, 2017, the court denied plaintiff's request for entry of default judgment. The court found that the Statement of Damages was not on the mandatory Judicial Council form. Further, the court found that the required Statement of Damages was not served upon defendant Lauderdale an...

Excerpt: ... Borjas for motor vehicle negligence and negligence per se based on an incident that occurred on August 27, 2013. An OSC re dismissal is set for March 19, 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: ...ll incident that occurred on May 13, 2016. On October 12, 2017, the court granted plaintiff'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. Trial is set for October 19, 2018. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a time...

Excerpt: ...044004c0051005600 00440051005700030028[speleta. 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 Beac...

Excerpt: ...curred on June 22, 2015. Trial is set for October 3, 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) notic...

Excerpt: ... fall on April 21, 2016. She alleges that she was exiting a parking lot on sidewalk when she fell forward due to uneven, broken, not maintained, and in a dangerous condition walkway, owned, operated, controlled, and maintained by defendants. On June 19, 2017, plaintiff filed a request for dismissal as to County of Los Angeles. Trial is set for September 27, 2018. LEGAL STANDARD CCP § 428.50 states, “(a) A party shall file a cross-complaint aga...

Excerpt: ...that a loose pole inside the business fell on plaintiff's foot. On April 20, 2017, the court granted plaintiff's counsel's motion to be relieved as counsel, effective upon the filing of a proof of service of the signed order granting attorney's motion to be relived as counsel. Counsel filed proof of service on April 28, 2017. On October 5, 2017, the court granted defendant's motions to compel discovery responses. DISCUSSION Defendant requests tha...

Excerpt: ...efendant Los Angeles World Airports requests that the court order plaintiff to post a security undertaking in the amount of $24,606.60, 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 awarded in the action or special proceedin...

Excerpt: ... Julie and David Courtney filed a cross-complaint for indemnity against Roes 1 through 20. On November 22, 2016, defendants filed an amendment to the cross-complaint, designating City of Pasadena as Roe 1. On April 6, 2017, pursuant to stipulation and order, the trial date was continued from June 19, 2017 to October 19, 2017. On April 21, 2017, City of Pasadena filed a cross-complaint against Julie and David Courtney. On September 13, 2017, the c...

Excerpt: ...ccurred on April 21, 2016. Trial is set for June 13, 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 interroga...

Excerpt: ... date was continued from September 21, 2017 to January 29, 2018. On December 4, 2017, pursuant to stipulation and order, the trial date was continued from January 29, 2018 to March 29, 2018. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Under CRC Rule 3.1332(b), “A party se...

Excerpt: ...hydraulic barber chair she was reclined in broke, causing injury to plaintiff. A default was entered against defendant on October 26, 2015. On September 11, 2017, the court denied plaintiff's request for court judgment because plaintiff had not submitted a copy of her statement of damages with her request. On September 19, 2017, at an OSC re entry of default judgment, the hearing was continued to November 7, 2017. Plaintiff's counsel was to re-su...

Excerpt: ... to Compel Responses to Special Interrogatories, Set One (as to Sara Shomof) (6) Motion to Compel Responses to Request for Production of Documents, Set One (as to Sara Shomof) The court considered the moving papers. BACKGROUND On March 6, 2015, plaintiffs Pascal Hermansson and Sara Shomof filed a complaint against defendants Esteban Brindis, Kogi Group Corp., and A'La Carte Catering Inc. for motor vehicle negligence based on an incident that occu...

Excerpt: ...ush Bijarchi for motor vehicle negligence based on an incident that occurred on September 30, 2014. Trial is set for March 21, 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 ...

Excerpt: ...aintiff alleges he was a passenger in defendants' vehicle. 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...

Excerpt: ... action: (1) general negligence, (2) premises liability, and (3) intentional tort. Plaintiff alleges that Defendants did not adequately warn her about the violent propensities of a student that she was sent to work with, and Plaintiff was subsequently attacked by the student and suffered physical injury. (Compl., at pg. 4.) Defendant LAUSD filed a demurrer to the complaint and motion to strike on December 1, 2017. LEGAL STANDARD A demurrer for su...

Excerpt: ...ce, (2) premises liability, (3) assault and battery, and (4) intentional infliction of emotional distress (“IIED”). Plaintiff alleges that on November 7, 2015 he was on the premises of the South Bay Galleria, a shopping mall owned and operated by Defendants, when he was “physically attacked and bodily harmed by approximately ten (10) to fifteen (15) unknown individuals.” (Compl., at ¶ 5.) On December 15, 2017, Defendants filed a demurrer...

Excerpt: ... for negligence and premises liability based on a trip and fall on <0024005900480051005800 4800110003[ On December 2, 2016, the County and the State were dismissed. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” Aguilar ...

Excerpt: ... 27, 2017, plaintiff filed a First Amended Complaint. Plaintiff marked the boxes for general negligence, intentional tort, products liability, premises liability, and other, but failed to attach the causes of action as required. On July 12, 2017, the court sustained defendant's demurrer with leave to amend. On August 31, 2017, plaintiff filed an “Amended Complaint,” alleging that on August 6, 2016, plaintiff went to White Memorial Hospital to...

Excerpt: ...ests an order compelling plaintiff to appear for his medical examination with Steven Nagelberg, M.D., an orthopedic surgeon, located at 10800 Paramount Blvd., Suite 204A, in Downey, CA, on a date and time mutually convenient for Dr. Nagelberg and plaintiff. 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 fol...

Excerpt: ... insurance bad faith. On June 28, 2016, plaintiff Murri was dismissed. On October 11, 2017, neither plaintiff nor plaintiff's counsel appeared at the Final Status Conference. On October 23, 2017, on the trial date, plaintiff's counsel failed to appear. The court set an OSC re dismissal for failure to prosecute for November 21, 2017. On November 21, 2017, at the OSC re dismissal, plaintiff's counsel failed to appear and the case was dismissed. LEG...

Excerpt: ... 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. CCP § 436. The...

Excerpt: ...dered the moving papers. BACKGROUND On July 17, 2017, plaintiff Mitzi Shitanda filed a complaint against defendants James Griffin and Jill Hix for motor vehicle negligence. Trial is set for January 17, 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 cont...

Excerpt: ...er to the complaint and a request for judicial notice. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action.¿ Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747. ¿When considering demurrers, courts read the allegations liberally and in context.¿ Taylor v. City of Los Angeles Dept. of Water and Power¿(2006) 144 Cal. App. 4th 1216, 1228.¿ In a demurrer proceeding, the defects must be apparent on the face ...

Excerpt: ... the store when the door closed on her. The incident resulted in injuries. On May 25, 2017, plaintiff filed a Substitution of Attorney. She is now representing herself. On October 4, 2017, the court granted defendant's motion to compel plaintiff to appear for her deposition. DISCUSSION Defendant requests that the court impose terminating sanctions against plaintiff for her failure to comply with the court's order dated October 4, 2017. On October...

Excerpt: ...ility. On December 28, 2017, defendant Janette Sanchez filed a substitution of attorney. She is now representing herself. DISCUSSION Plaintiff requests an order compelling defendant Lydio Sanchez 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 examination, or to proceed with it, o...

Excerpt: ...ium. Plaintiffs contend that Hartings was on his bike in a crosswalk, when McKimmie collided with him in his vehicle while in the course and scope of his employment with Fox, on May 9, 2014. The trial date is April 26, 2018. DISCUSSION Defendant McKimmie requests an order compelling a neuropsychological examination of plaintiff Christian Hartings, pursuant to CCP 2032.320(a), on January 30, 2018, at Los Angeles Neuropsychology Group, with Charles...

Excerpt: ...6, plaintiff Vien Truong filed a complaint against defendants Horng Seng and Woody Chheak for motor vehicle negligence based on an incident that occurred on May 3, 2014. On September 8, 2016, the court deemed related the herein case and 16K05241 (Insurance Co. of the West v. Horng Seng). Trial was continued from October 20, 2017 to February 16, 2018. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a t...

Excerpt: ..., 2017, there were no appearances at the Final Status Conference. On March 6, 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, s...

Excerpt: ...ebruary 1, 2017. Trial is set for May 6, 2019. In case no. BC647534 (Dept. 92), filed on January 19, 2017, plaintiff Pamela Hutchins filed a complaint against defendant Neale Redington for motor vehicle negligence based on an incident that occurred on January 30, 2016. Trial is set July 19, 2018. 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...

Excerpt: ...r 10, 2016, the court granted The Bicycle Casino, L.P.'s (“The Bicycle Casino) ex parte application to file a cross-complaint against Superior Electrical Mechanical & Plumbing Contractors, Inc. (“Superior”). On November 14, 2016, The Bicycle Casino filed 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 breac...

Excerpt: ...remises liability and negligence. She alleges that on December 11, 2013, she was at or near 17124 Prairie, in Northridge, when she stepped into a hole while crossing the street. On February 4, 2016, Hirsch and Dino Family Trust filed a cross-complaint against City of Los Angeles for apportionment of fault, indemnification, and declaratory relief. On February 10, 2016, City of Los Angeles filed a cross-complaint against Hirsch and Dino Family Trus...

Excerpt: ...nt to stipulation and order, the trial date was continued from October 20, 2017 to February 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 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 stipul...

Excerpt: ...0, 2018. BC670299 On July 28, 2017, plaintiff Brian Lee Augsbury filed a complaint against Hamilton for motor vehicle negligence. Trial is set for January 28, 2019. The cases were deemed related on November 13, 2017. 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...

Excerpt: ...intiff and Chill were approached from the opposite direction by Cho, who was walking Hazel. As the parties approached one another, Hazel suddenly lunged at Chill, biting him. Hazel also bit plaintiff multiple times on his hand and fingers. Plaintiff alleges that Ace of Hearts had a duty to the general public, including plaintiff, when entrusting and delegating the care, custody, and control of rescue dogs, such as Hazel, to “foster parents,” ...

Excerpt: ...omplaint alleges causes of action for premises liability, and negligence related to a slip and fall on Defendant's premises. // LEGAL STANDARD When considering demurrers, courts read the allegations liberally and in context.¿ (Taylor v. City of Los Angeles Dept. of Water and Power¿(2006) 144 Cal. App. 4th 1216, 1228.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters.¿ Therefore, it lies only where the def...

Excerpt: ...collectively, “Defendants”), alleging causes of action for (1) Motor Vehicle – Personal Injury, and (2) Dangerous Condition of Public Property. Plaintiffs alleges that on August 9, 2014, Defendant Vega caused the accident that injured Plaintiffs. Plaintiffs also allege that the dangerous condition of public property caused the accident on August 9, 2014. On December 1, 2017, the State filed a demurrer to Plaintiffs' complaint and motion to ...

Excerpt: ...actice, negligence, and NIED. On October 27, 2017, the court granted defendant Moris Aynechi, M.D.'s motions to compel discovery responses. Trial is set for March 5, 2018. DISCUSSION Defendants request that the court impose terminating sanctions against plaintiff for her failure to comply with the court's order dated October 27, 2017. If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the c...

Excerpt: ...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 the opposing party, that the time to respond has expired, and that no response of any kind has been served. Leach v. Superior...

Excerpt: ... medical malpractice and loss of consortium. On September 1, 2016, plaintiffs filed a First Amended Complaint. On October 12, 2016, plaintiffs filed a Second Amended Complaint. On May 30, 2017, pursuant to stipulation and order, the trial date was continued from September 21, 2017 to February 13, 2018. DISCUSSION Defendant Nnaemeka Udoh, M.D. requests an order compelling plaintiff Theresa Arnold to execute an authorization for release of her Medi...

Excerpt: ... 2013, plaintiff 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 ...

Excerpt: ...ical Associates of Los Angeles, Inc., Santa <00110003002f004c004e00 000f0003003000440055[tin Mortazavi, M.D., Ranbir Singh, M.D., Elaine S. Lee, M.D., and Robert J. Casey, M.D. for medical negligence and loss of consortium. 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...

Excerpt: ...e Howard Cooper, as trustees, et al. for negligence based on premises liability based on a trip and fall at defendants' premises at a mobile home park. 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 R...

Excerpt: ...rial was continued from December 15, 2017 to June 1, 2018. DISCUSSION Plaintiff requests an order compelling defendant Robert Ayala 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 examination, or to proceed with it, or to produce for inspection any document . . . described in the ...

Excerpt: ...dure section 2030.300(c), a party seeking an order to compel further responses to interrogatories is obliged to file a motion within 45 days of the receipt of the response or objections. This did not occur. Accordingly, this court is without jurisdiction to grant the relief requested. See Sexton v. Superior Court (1997) 58 Cal. App. 4 th 1403, 1410. The motion to compel further responses is DENIED as is plaintiff's request for sanctions. Moving p...

Excerpt: ...Hertz, M.D. for medical negligence. Trial is set for May 30, 2018. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. CCP §2030.290(b). The statute contains no time limit for a motion to compel where <0003004500480003005600 0057004b004800030050[oving papers is that a set of interrogatories wa...

Excerpt: ...project near the concrete pumper and equipment owned by defendant when a piece of apparatus struck him. DISCUSSION Pursuant to CCP § 387, ICW requests leave to file a complaint-in-intervention for subrogation of worker's compensation benefits. To establish a direct and immediate interest in the litigation for purposes of permissive intervention, a non-party seeking intervention must show that he or she stands to gain or lose by direct operation ...

Excerpt: ...y Stores LLC for negligence and premises liability based on a slip and fall that occurred on November 30, 2014. On October 18, 2017, the court granted plaintiff's counsel's motion to be relieved as counsel. On November 13, 2017, the court signed the order granting plaintiff's counsel's motion to be relieved as counsel, effective upon the filing of the proof of service of the signed order. On November 20, 2017, plaintiff's counsel filed the proof ...

Excerpt: ...tiff filed a substitution of attorney. He is now represented. LEGAL AUTHORITY CCP § 473 states, in relevant part: “(b) 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 neglect. Application for this relief . . . shall be made within a reasonable time, in no case exceeding six mont...

Excerpt: ...ital, D.D.S., Jorge Vital, D.D.S., Inc., Dental 4 Dental Office of Jorge Vital, D.D.S. for medical malpractice and loss of consortium. On May 9, 2017, the court granted plaintiffs' counsel's motion to be relieved as counsel. On May 11, 2017, plaintiffs' counsel filed proof of service of the court's ruling. On October 23, 2017, the court granted defendant Ana Rankovic, D.D.S. dba Smile with Us Dental Office of Ana Helena Rankovic, D.D.S.'s motion ...

Excerpt: ...tion of emotional distress. On October 25, 2017, Plaintiff filed his First Amended Complaint against the Hospital, alleging a cause of action for negligence. Plaintiff alleges that on August 12, 2015, he was injured on the Hospital's premises when the door leading to the bathroom “fell and/jammed and cut off Plaintiff's right index finger.” (First Amended Complaint ¶ 7.) On November 21, 2017, the Hospital filed a demurrer to Plaintiff's Firs...

Excerpt: ...at on February 22, 2017, “negligently owned, maintained, operated, entrusted, and/or drove a motor vehicle so as to cause injuries and damages to Plaintiff.” (Complaint, p. 5, GN-1.) On November 20, 2017, Metro filed a demurrer to Plaintiff's complaint. The court has considered the moving and opposition papers. LEGAL STANDARD When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept....

Excerpt: ... plaintiff filed an amendment to complaint, designating Uber Technologies, Inc. as Doe 1, and a dismissal on September 26, 2017. On October 10, 2017, plaintiff Edvard Badalbo filed a cross-complaint against Kitchian for apportionment of fault, indemnification, declaratory relief, and property damage. On November 6, 2017, plaintiff filed a request for dismissal as to Kitchian. Trial is set for September 17, 2018. DISCUSSION Defendant and cross-def...

Excerpt: ...appear for his deposition, ordering that defendant appear on October 13, 2017 and that defense counsel Sima Jonoobi and Hartsuyker, Stratman, & Williams-Abrego pay to plaintiff a monetary sanction in the amount of $1,010 within 30 days. On October 10, 2017, at an ex parte hearing, the court ordered that defendant's deposition be taken on December 13, 2017, at 10:00 a.m. LEGAL STANDARD Under CCP §1008(a), “When an application for an order has b...

Excerpt: ...ling in her child, when defendant's vehicle hit her driver's side passenger car door, which then rebounded and hit plaintiff in the face. On July 10, 2017, the court granted defendant's motions to compel plaintiff to respond to discovery requests within 20 days. Plaintiff was ordered to pay $920 in monetary sanctions within 30 days. Trial is set for June 4, 2018. LEGAL STANDARD The court has discretion to allow an attorney to withdraw, and such a...

Excerpt: ...operty damage liability coverage for the vehicle that collided with plaintiff's vehicle. Plaintiff alleges that defendant failed to provide the driver of the vehicle with proper notice in accordance with the requirements of Vehicle Code §5604 because they failed to obtain the minimum statutory limits. On August 25, 2017, “Veros Credit, LLC (erroneously sued as Veros Auto Credit, Inc.)” filed a declaration pursuant to CCP §430.41(a)(2), requ...