Excerpt: ...iled an answer. 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 stipulated to by the parties, must make the request for a continuance by a noticed motion or...

Excerpt: ...One 5. Motion to Compel Responses to Special Interrogatories, Set One 6. Motion to Compel Responses to Demand for Inspection and Production of Documents and Tangible Items, Set One The court considered the moving papers. BACKGROUND <0058005c0003002f004c00 00470003004400030046>omplaint against defendants Total Transportation & Distribution Inc. and Martin Jesus Lopez for motor vehicle negligence based on an incident that occurred on June 24, 2015....

Excerpt: ...gence. Plaintiff filed a proof of service of summons with the court on January 22, 2018, indicating that Defendant was served with the complaint and summons by substituted service. On February 27, 2018, Plaintiff requested entry of default against Defendant, which was entered as requested. On March 23, 2018, Defendant filed the instant demurrer concurrently with a motion to set aside default. The hearings for those motions are set for June 5, 201...

Excerpt: ...Christianson for motor vehicle negligence based on an incident that occurred on February 18, 2016. Trial is set for September 28, 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...

Excerpt: ...of service of summons on The Car Legacy. <004c00510044004f000300 00520051004900480055>ence, and the final status conference was taken off calendar. The court noted in its minute order that the trial date remained set for May 15, 2018. On May 4, 2018, plaintiff filed proof of service of summons on Ulises Ortega. On May 15, 2018, no parties appeared for the trial date and there was no contact from either party. The court ordered the case dismissed ...

Excerpt: ...7, 2017, pursuant to stipulation and order, the trial date was continued from March 20, 2018 to July 18, 2018. On March 19, 2018, pursuant to stipulation and order, the trial date was continued from July 18, 2018 to September 18, 2018. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certai...

Excerpt: ...Baldwin Park for premises liability. Plaintiff alleges that on April 28, 2017 he was riding his bicycle on a sidewalk controlled and maintained by the City. Plaintiff unknowingly rode his bicycle over an uncovered manhole, which caused him to be thrown from his bicycle. On March 28, 2018, plaintiff filed a First Amended Complaint. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the ...

Excerpt: ... was filed, a Final Status Conference (“FSC”) was set for July 27, 2016 and a trial was set for August 11, 2016. On July 27, 2016, at the FSC, there being no appearances by or for either side, the FSC was taken off calendar. On August 11, 2016, on the date set for a trial, there were no appearances by or for either side or any communication with the court as to why there were no appearances. Therefore, pursuant to CCP § 581(b)(3), the court ...

Excerpt: ... request an order compelling plaintiff Maria Trujillo to appear for 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 deposition notice, the party giving the notice may move for an order compelling th...

Excerpt: ...f alleges that on June 28, 2017, an LA County MTA bus collided with him when he was walking in a marked crosswalk. DISCUSSION Plaintiff requests an order compelling defendant Los Angeles County MTA's person most knowledgeable to appear for 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...

Excerpt: ... him in the head at the Abbey. On March 6, 2018, the court granted defendant's motion to compel (1) Special Interrogatories (Set Six), Requests for Production (Set Six), and Requests for Admission (Set Four), in part. On May 14, 2018, the court granted defendant's motions to compel plaintiff to serve responses to Special Interrogatories, Set Five, Nos. 143-153 and 156-159 and to Demand for Production of Documents, Set Five, Nos. 60-67 and 68, wit...

Excerpt: ... <005100560057000300b300 005b0044005100470048[r Lopez Mendez.” DISCUSSION Pursuant to CCP §§2023.010, 2023.020, and 2023.030, plaintiff requests attorney's fees in the amount of $6,600 associated with opposing defendant's motion to compel plaintiff's attendance at an IME and deposition and making this motion for attorney's fee. Plaintiff also requests “additional punitive” sanctions in the amount of $2,000 against defendant and his counse...

Excerpt: ...18, Defendant Peter Asteris dba Pacific Star Grill (“Defendant”) filed a demurrer to the first and second causes and a motion to strike portions of the FAC. Plaintiff filed an opposition on June 28, 2018. Plaintiff's complaint arises from an incident where Plaintiff's husband, Javier Rubio (“Javier”), went to Defendant's place of business and was threatened by Defendant with a <002d00440059004c004800 005200030057004b0048[ Pacific Star Gri...

Excerpt: ...f civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Under CRC Rule 3.1332(b), “A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations...

Excerpt: ...at occurred on July 24, 2013. On August 30, 2016, plaintiff filed an amendment designating CEVA Logistics as Doe 1. On October 12, 2016, plaintiff filed a dismissal as to Ryder Truck Rental, Inc. and CEVA Logistics. On April 3, 2017, plaintiff filed an amendment designating Transportation Logistics Company, LLC dba Centerline as Doe 2. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with...

Excerpt: ...on a slip and fall on water on December 18, 2016. Trial is set for January 14, 2019. LEGAL STANDARD The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. See Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915; People v. Prince (1968) 268 Cal. App. 2d 398. CRC Rule 3.1362 (Motion to Be Relieved as C...

Excerpt: ...2017. LEGAL STANDARD The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. CCP § 436(a). The court may also strike all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. CCP § 436(b). The grounds for a motion to strike are that the pleading has irrelev...

Excerpt: ...for Summary Judgment 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 judg...

Excerpt: ...on July 22, 2016. Plaintiff alleges that a branch from a city owned tree fell on him while he was lawfully in Salt Lake Park in the City of Huntington Park. On June 20, 2017, plaintiff filed a First Amended Complaint. Trial is set for November 1, 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 ...

Excerpt: ...alpractice. On January 6, 2017, the court denied defendants Michelle Meng and Beverly Hills Medical Anti-Aging Group, LLC's motion to compel arbitration. On April 27, 2017, plaintiff filed Amendments to Complaint, naming Beverly Hills <0058005100440051000300 00480003001a00110003> <00440055004c0051004a00 00510047004400510057>s' motion for summary judgment to August 21, 2018. LEGAL STANDARD CCP §428.10 states that, “A party against whom a cause ...

Excerpt: ...Amended Complaint on April 24, 2018, as a matter of course. The First Amended Complaint alleges three causes of action from 1) motor vehicle negligence, 2) intentional infliction of emotional distress (“IIED”) and 3) negligent entrustment of an automobile. On May 25, 2018, Defendant filed a demurrer to the intentional infliction of emotional distress cause of action and a motion to strike the punitive damages request of the FAC. On June 12, 2...

Excerpt: ...ault was entered against Defendant. On October 24, 2017, an Order to Show Cause Re Dismissal for Failure to Enter Default Judgment was heard. The minute order states that Default Judgement had not yet been entered. The court continued the matter to December 26, 2018. On December 26, 2017, the court dismissed the case when there were no appearances by either side at the hearing. LEGAL STANDARD CCP § 473(b) states, in relevant part: “The court m...

Excerpt: ...al was entered as to Plaintiff Chris Kettler's claims against Defendant City of Long Beach. 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 such orders concerning proceedings therein as may tend to avoid unnecessary costs or de...

Excerpt: ...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 <004800510046004800b600 00520051005700550044[dicted ...

Excerpt: ...n Amendment to Complaint, substituting in Angel Kim (“Angel”) for Doe 1. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure secti...