Excerpt: ...nterrogatories, Set One (as to Carey International) (6) Motion to Compel Responses to Specially Prepared Interrogatories, Set One (as to Carey International) (7) Motion to Compel Responses to Request for Production of Documents, Set One (as to Carey International) (8) Motion to Deem Requests for Admission Admitted, Set One (as to Carey International) Admissions The court considered the moving papers. No opposition was filed. BACKGROUND On August ...

Excerpt: ...r 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 where no responses have been served. All that need...

Excerpt: ...ent. A hearing on plaintiff's motion for new trial is set for February 1, 2018. LEGAL STANDARD California Rules of Court (“CRC”), Rule 2.550(c) states: “Unless confidentiality is required by law, court records are presumed to be open.” But a party may move to seal records pursuant to Rules 2.550-2.551. CRC Rule 2.551(b)(1) states: “A party requesting that a record be filed under seal must file a motion or an application for an order sea...

Excerpt: ...ica suffered placental abruption, causing plaintiff to suffer periods of distress before, during, and after delivery, resulting in permanent disability. Trial is set for October 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. ...

Excerpt: ...st Covina for (1) negligence based on general negligence, professional negligence, and negligent hiring, supervision, and retention of employee and (2) premises liability. Plaintiff alleges that on August 30, 2016, when she was 79 years old, she received dialysis at a facility owned, leased, occupied, managed, operated, maintained, and /or controlled by defendants, located at Fresenius Medical Care. She was exhausted and fatigued after dialysis a...

Excerpt: ...387, Ohio Casualty Insurance Company (“Ohio Casualty”) 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 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 pe...

Excerpt: ...Doe 1.” Defendant Khurdajian filed a demurrer to the complaint on December 22, 2017. Plaintiff filed an opposition 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. 4...

Excerpt: ...ovember 18, 2016, plaintiffs Johnny Inghram, Jr., and Charlene Inghram filed a complaint for wrongful death and medical malpractice action against defendants Centinela Hospital Medical Center, Drayton Graham, Jr., Michael Dawson, and Stephen Parnell. On October 18, 2017, the court granted plaintiffs' counsel's motion to be relieved as counsel, effective upon the filing of a proof of service of the signed order. On October 18, 2017, the court gran...

Excerpt: ...cking, Inc., Bimbo Bakeries USA, Inc., and Grupo Bimbo for motor vehicle negligence. On April 11, 2017, Bimbo Bakeries USA, Inc. filed a cross-complaint against AM Express Trucking Inc., Alejandro Suarez, and Eliseo Quezada for indemnification, apportionment of fault, contribution, comparative fault, and declaratory relief. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propoun...

Excerpt: ...ng defendant Khaled Karame dba Malibu Yellow Cab. 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: ...y 25, 2017, there were no appearances at the Final Status Conference. On August 9, 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, inadverten...

Excerpt: ...cuments, Set One (as to Eliseo Quezada) The court considered the moving papers. BACKGROUND On February 23, 2017, plaintiff Victor Alcantara filed a complaint against defendants Alejandro Suarez, Eliseo Quezada, Jose Villegas, AM Express Trucking, Inc., Bimbo Bakeries USA, Inc., and Grupo Bimbo for motor vehicle negligence. On April 11, 2017, Bimbo Bakeries USA, Inc. filed a cross-complaint against AM Express Trucking Inc., Alejandro Suarez, and E...

Excerpt: ...en defendants allowed a dog, which they owned or had control of, loose in the presence of plaintiff whereupon the dog viciously and without provocation attacked plaintiff biting and seriously injuring plaintiff. On June 7, 2016, the court granted defendants' motion to quash service of summons and complaint. On March 20, 2017, there was no appearance at the final status conference. On April 5, 2017, there was no appearance at the trial and the cas...

Excerpt: ...August 25, 2017, the court sustained with leave to amend defendant's demurrer. On October 10, 2017, plaintiff filed a First Amended Complaint. DISCUSSION Defendant Bellflower Somerset Mutual Water Co. requests that the court order plaintiff to post a security undertaking in the amount of $25,000, 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...

Excerpt: ...ges 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. LEGAL STANDARD CCP § 473(a)(1) provides, in relevant part: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by addi...

Excerpt: ...ctice. Trial is set for February 21, 2018. DISCUSSION Plaintiff requests an order imposing an evidentiary sanction to strike each defendant's expert designation or, alternatively, to limit the number of expert witnesses to be called by defendants. Plaintiff contends that on December 14, 2017 defendant Dr. Kari identified 14 separately retained experts, including nine separate medical doctors that have generally been designated to testify as to �...

Excerpt: ...ased on an incident that occurred on February 26, 2013. On December 5, 2017, plaintiffs filed a substitution of attorney. On December 20, 2017, plaintiffs filed a request for dismissal as to Anita Tanchian. LEGAL STANDARD CCP § 473(a)(1) provides, in relevant part: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or b...

Excerpt: ... and fell. On August 30, 2107, plaintiff filed an amendment to complaint, designating Good Samaritan Hospital as Doe 1. Trial is set for November 8, 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 a...

Excerpt: ... is set for January 7, 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 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 ...

Excerpt: ...e Ranch Chop House, LLC, Saddle Ranch Chop House, and REA 2003-1, LLC dba Saddle Ranch Chop House for general negligence, premises liability, and products liability based on a fall off a mechanical bull. Trial is set for November 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...

Excerpt: ... 2016, plaintiff filed a Second Amended Complaint (“SAC”) for negligent supervision. On September 14, 2017, plaintiff filed a substitution of attorney, stating that minor's new legal representative is the guardian ad litem. At the hearing on the motion for summary judgment, on December 21, 2017, the court found that the substitution of attorney filed on September 14, 2017 by plaintiff's guardian ad litem was improper and that plaintiff's coun...

Excerpt: ...8. LEGAL STANDARD Protective orders may be granted on motion of the deponent or any party, or any third person who could be affected by the disclosure (e.g., a nonparty whose privacy would be impaired). CCP §2025.420(a). A formal noticed motion and hearing are always required. A protective order cannot be granted ex parte. St. Paul Fire & Marine Ins. Co. v. Superior Court (1984) 156 Cal. App. 3d 82, 85-86. The motion must be accompanied by a dec...

Excerpt: ... Department of Education, and City of Long Beach for premises liability and negligence based on an incident that occurred on June 11, 2015. On September 11, 2017, Long Beach U.S.D. filed an answer. Trial was continued to September 24, 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. CC...

Excerpt: ...ty and Investments for negligence and strict liability based on an incident that occurred on May 8, 2014. Plaintiff alleges was attacked by two vicious guard dogs, which were owned, maintained, or controlled by defendants. The dogs were housed or kept at the real property at 10615 Anzac Avenue, Los Angeles. On August 21, 2017, the court granted Mariposa Capital Management, LLC's motion to continue the October 23, 2017 trial date because it had no...

Excerpt: ...5,000 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 party to respond to the initial pleading. . . . The court shall grant the motion and enter an order fo...

Excerpt: ...for indemnity, contribution, and declaratory relief. Trial is set for September 28, 2018. DISCUSSION Defendant and cross-defendant Cloyd Arellano Dela Cruz requests that the court determine that the settlement between plaintiff and Dela Cruz is in good faith and that claims for equitable comparative contribution or partial, comparative, or total indemnity are dismissed and/or barred under CCP §§877 and 877.6(c). In City of Grand View Terrace v....

Excerpt: ...for motor vehicle negligence based on an incident that occurred on September 11, 2016. Plaintiff alleges she was a passenger in a vehicle that defendant Ligon was driving as a part of Lyft's rideshare service. Within moments plaintiff first entered the vehicle, Ligon recklessly operated the vehicle so as to make an illegal left turn through a busy intersection, despite clear signage prohibiting same. Ligon's illegal maneuver placed him in the pat...

Excerpt: ...plaintiffs filed a First Amended Complaint. On October 12, 2016, plaintiffs filed a Second Amended Complaint (“SAC”). On May 30, 2017, pursuant to stipulation and order, the trial date was continued from September 21, 2017 to February 13, 2018. 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...

Excerpt: ...o reasonably secure plaintiff in his wheelchair inside the motor vehicle, which they operated for the County of Los Angeles. They failed and refused to do so, causing plaintiff to strike his head. Trial is set for June 18, 2018. LEGAL STANDARD CCP § 473(a)(1) provides, in relevant part: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the n...

Excerpt: ...gligence based on an incident that occurred on March 29, 2015. The trial date is April 16, 2018. DISCUSSION Defendants and cross-complainants Turo, Inc., Anna Ziozina, and defendant Tedrick Kelly request an order compelling plaintiff to comply with defendants' Amended Demand for Plaintiff to Submit to an Independent Medical Examination (oralfacial pain) by providing an oral history of her injuries and complaints to defense medical examiner, Kevin...

Excerpt: ...ujillo and Standard Parking Corp. for assault, battery, and NIED. On April 14, 2016, plaintiff filed a FAC for the same. On July 19, 2016, the SAC was deemed filed pursuant to a stipulation and order. Plaintiff is asserting causes of action for assault, battery, and general negligence. On September 27, 2016, the court sustained SP Plus Corp.'s demurrer with leave to amend based upon offer of proof, to wit, plaintiff can allege “information and ...

Excerpt: ... 27, 2014. On September 8, 2017, the court granted defendant's motions to compel supplemental discovery. Trial is set for March 19, 2018. DISCUSSION Defendant requests that the court impose terminating sanctions against plaintiff for her failure to comply with the court's order dated September 8, 2017. Defendant further requests monetary sanctions against plaintiff and her counsel of record. If a party fails to comply with a court order compellin...

Excerpt: ... papers. BACKGROUND On January 25, 2016, plaintiffs Allen Richman and Ann Richman filed a complaint against defendant James George Burnett for motor vehicle negligence based on an incident that occurred on February 4, 2014. On May 9, 2017, defendant filed an answer. On June 5, 2017, pursuant to stipulation and order, the trial date was continued from July 25, 2017 to October 17, 2017. On September 20, 2017, at an ex parte hearing, the court conti...

Excerpt: ...2, she was a student at APU and was a participant in defendant's Cheer Team coached by Rosie Francis, and helped promote defendant's athletic teams and encourage athletic fans. She was required to do tumbling, standing back handspring, and participated in stunts involving girls projected into the air or flying. During stunting that included flying, plaintiff suffered three distinct injuries doing advanced stunts that plaintiff and the participant...

Excerpt: ...smine Ingram for general negligence and premises liability based on a slip and fall on June 21, 2013. 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...

Excerpt: ...d Ship Center when defendant accidentally 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. BC643457 On December 9, 2016, plaintiff Shalonda Dartis filed a complaint against defendants Michael P. Flattery, mdiv. and as trustee, and Sally Fleming, mdiv. and as trustee for negligence and premises liability. Plaintiff alleges t...

Excerpt: ...e and common carrier negligence based on an incident that occurred on April 21, 2017. On August 14, 2017, Uber Technologies filed a cross-complaint against Stephanie Moon. On September 1, 2017, Jinsung Moon and Stephanie Moon filed a cross-complaint against Jeffrey Cullen and Uber Technologies. LEGAL STANDARD CCP § 438 states, in relevant part: “(b)(1) A party may move for judgment on the pleadings. . . . (c)(1) The motion provided for in this...

Excerpt: ...ustee of Revocable Trust of Gloria C. Lee-Ford (“the Trust”). Both Defendants demurred to the First Amended Complaint. The court sustained the demurrer with leave to amend. On September 25, 2017, Plaintiff filed her Second Amended Complaint (“SAC”), alleging causes of action for: (1) assault, (2) battery, (3) intentional infliction of emotional distress, and (4) negligence. On December 4, 2017, the Trust filed a demurrer to Plaintiff's SA...

Excerpt: ...efendant accidentally 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 Shalonda Dartis to appear for an independent medical examination with orthopedic surgeon Geoffrey M. Miller, M.D. on January 10, 2018, at 11:30 a.m. Under CCP section 2032.220(a), “[i]n a...

Excerpt: ...egligence based on an incident that occurred on June 15, 2015. On February 26, 2016, Canas filed a cross-complaint against Dudley for apportionment of fault, indemnity, and negligence. On March 9, 2017, the court granted Dudley's ex parte application to continue trial. Trial was continued from April 27, 2017 to June 14, 2017. The court did not find good cause to extend the discovery and cutoff dates, stating “These will not be extended or based...

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

Excerpt: ...as driving on the 10 freeway, she observed red lights behind her from defendant Moreno's patrol vehicle. She attempted to drive her vehicle over to the left to allow defendant to pass her. As she was doing this, she noticed the vehicles in front of her come to a stop, so plaintiff brought her vehicle to a stop behind the stopped traffic ahead. Once at a complete stop, plaintiff was rear-ended by defendant. Trial is set for March 29, 2018. LEGAL S...

Excerpt: ...ebruary 5, 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 stipulated to by the parties, must make the request for a continuance by a noticed motion o...

Excerpt: ...order, the trial date was continued from July 25, 2017 to October 17, 2017. On September 20, 2017, at an ex parte hearing, the court continued the trial date to February 20, 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 con...

Excerpt: ...plaint against Bateman for apportionment of fault, indemnification, declaratory relief, and trespass. On September 25, 2017, plaintiff filed an amendment to complaint, designating Benjamin Vargas as Doe 1. Trial is set for February 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 client and it does not disrupt the orderly process of j...

Excerpt: ...Approve Compromise of the Pending Action on behalf of minor claimant Destiny Reyes. Pursuant to California Rules of Court, Rule 7.952(a), petitioner and minor claimants are required to attend the hearing on the petitions. BACKGROUND On January 10, 2017, plaintiffs Destiny Reyes and Stephanie Guzman, by and through their guardian ad litem, Luz Guzman, Luz Guzman, and Santiago Rosa filed a complaint against defendant Manuel Ernesto Wong for motor v...

Excerpt: ...no Reyes, M.D., Bienvenido Ocampo Jao, M.D., Charles Chiu-Sung Chang, M.D., Fang-Yu Chao, M.D., and Hai Duc Luu, D.O., and Weber Chen, M.D. for medical negligence. DISCUSSION Defendant Charles Chiu-Sung Chan, M.D requests that the court stay the action until further order by the Superior Court of the District of Columbia, Civil Division regarding the liquidation of Fairway Physicians Insurance Company, defendant Dr. Chan's professional liability ...