Excerpt: ... party against whom a cause of action has been asserted in a complaint or cross-complaint may file a cross-complaint setting forth either or both of the following: (a) Any cause of action he has against any of the parties who filed the complaint or cross-complaint against him. Nothing in this subdivision authorizes the filing of a cross- complaint against the plaintiff in an action commenced under Title 7 (commencing with Section 1230.010) of Par...

Excerpt: ...ung (“Defendants”). On May 31, 2018, Defendants filed a demurrer to the second cause of action for negligence and a motion to strike portions of the complaint. Plaintiff's complaint arises from an alleged battery by Titus Young (“Titus”) against Plaintiff. According to the FAC, Titus is a troubled former NFL professional football player with a history of violence and drug use. (FAC ¶¶ 2, 8.) Defendants are Titus's parents. (FAC ¶ 7.) D...

Excerpt: ... Mario's Trucking Corporation for Doe 1. On June 1, 2017, Defendants Hernandez-Quevedo and Ecology Auto Parts filed a cross- complaint against Mario's Trucking Corporation for implied indemnity, equitable apportionment of fault, contribution, and negligence. On January 19, 2018, Defendants/Cross-Complainants Hernandez-Quevedo and Ecology Auto Parts filed a notice of settlement, stating that they had reached a settlement with Plaintiff. On Februar...

Excerpt: ... collision. On November 1, 2017, Defendant Kim O. Adams filed an answer to complaint. On April 11, 2018, Plaintiff filed an amendment to complaint, substituting in Young Kim for Doe 1. On May 14, 2018, Plaintiff filed an amendment to complaint, correcting Young Kim's name to Yong Pun Kim. On May 15, 2018, Defendant Yong Pun Kim filed an answer to complaint. On June 1, 2018, the court denied Defendants' ex parte application to continue trial. The ...

Excerpt: ...and recovery of damages under Vehicle Code § 17150 arising from a motor vehicle accident. DISCUSSION Defendants request an order compelling Verizon Wireless Services, Inc. to comply with a subpoena for cell phone records, or in the alternative, for an order that Sarkis Muradyan consent to the release of his cell phone records. CCP section 1987.1 provides that “[i]f a subpoena requires the attendance of a witness or the production of books, doc...

Excerpt: ...ed at 5432 Elmbank Road in Rancho Palos Verdes when the top window dropped and amputated plaintiff's fingertip. Plaintiff alleged the defendants negligently maintained the window so as to proximately cause its fall and the ensuing injury, and sought damages of at least $25,000. On July 24, 2017, the Court granted defendants' motion to compel responses to interrogatories and to pay monetary sanctions of $275.63. No written opposition had been file...

Excerpt: ...Where there has been no timely response to a CCP §2031.010 demand, the demanding party must seek an order compelling a response. CCP §2031.300. Failure to timely respond waives all objections, including privilege and work product. Thus, unless the party to whom the demand was directed obtains relief from waiver, he or she cannot raise objections to the documents demanded. There is no deadline for a motion to compel responses. Likewise, for fail...

Excerpt: ...ng for premises liability. Plaintiff alleges that on April 18, 2015, he was lawfully on the premises when suddenly and without notice, he was struck by a large outdoor patio umbrella that was not properly secured and presented a dangerous condition. On January 31, 2018, defendant Loews Santa Monica Hotel, Inc. filed an answer. On April 3, 2018, the court deemed admitted the matters in plaintiff's requests for admission, set one, against defendant...

Excerpt: ..., 2017, plaintiff Jessica Harris filed a complaint against defendant Erica Doyon for motor vehicle negligence based on an incident that occurred on February 25, 2016. On February 9, 2018, defendant filed a Notice of Change of Handling Attorney and Firm Location. 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...

Excerpt: ...ope of his employment with Universal Protection Services as a security guard on the premises of Golden State Foods Corp. when the arm of a mechanical gate struck him. On July 19, 2017, plaintiff filed a First Amended Complaint. The trial date is set for November 8, 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 di...

Excerpt: ...st defendants LA County MTA, City of Los Angeles, County of Los Angeles, and Raymond Vargas Jaramillo for motor vehicle negligence and public entity liability based on an incident that occurred on June 28, 2016. Trial is set for November 13, 2018. LEGAL AUTHORITY 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...

Excerpt: ...or medical malpractice. On February 14, 2018, plaintiff filed a substitution of attorney. Plaintiff is representing himself. LEGAL STANDARD 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 sho...

Excerpt: ... allege that plaintiff Ila was at Sherman Oaks Galleria where she took an escalator from the first floor to the second floor. Her right big toe got caught in the “teeth” at the top of the escalator as it existed onto the second floor, causing plaintiff to suffer serious injuries. On January 11, 2018, pursuant to stipulation and order, the trial date was continued from March 14, 2018 to July 12, 2018. On February 15, 2018, plaintiff filed an a...

Excerpt: ...Sunrise Medical Center for medical malpractice. Plaintiff alleges that while he was playing the slot machine on the first floor at Treasure Island, a piece of wood and metal that were attached to the slot machine became dislodged and slammed into plaintiff's leg, causing an open wound and required plaintiff to be transported to the hospital. On May 10, 2018, the court granted Treasure Island LLC's motion to quash service of the summons and compla...

Excerpt: ...uary 2, 2018, plaintiff filed an amendment designating Hayke Gevorkyan as Doe 1. On March 9, 2018, plaintiff filed an amendment designating Frontline Protection Inc. as Doe 2. 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 fi...

Excerpt: ... Mohamedcassim. On February 1, 2018, at an OSC re dismissal for failure to serve summons and complaint, plaintiffs' counsel reported that he believed that defendant was evading service. The matter was continued to May 1, 2018 to allow time for plaintiff to complete service. On May 1, 2018, at an OSC re dismissal for failure to file proof of service of summons, there were no appearances and the case was dismissed without prejudice. LEGAL AUTHORITY...

Excerpt: ...dangerous propensity), and (4) leash law—strict liability—Los Angeles Muni Codes 10.32.010 and 10.37.180. 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...

Excerpt: ...on and order, the trial date was continued from February 2, 2018 to August 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(b), “A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the par...

Excerpt: ... LAX on June 16, 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 served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the op...

Excerpt: ...of public property, premises liability, and general negligence based on a trip and fall on a steel- like plate on a cross-walk on January 16, 2017. On April 20, 2018, the court granted defendants Skanska-Traylor-Shea, LA County MTA, and City of Los Angeles' motion to have requests for admission deemed admitted. Defendants' motion for summary judgment is set for November 7, 2018. The trial date is set for December 28, 2018. LEGAL STANDARD The cour...

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 o...

Excerpt: ...e negligence based on an incident that occurred on April 9, 2014 (as to Jimenez) and an incident that occurred on June 27, <00440057004c0052005100 0c0011000300030003[ On June 23, 2016, Akkari filed a cross-complaint against Jimenez for equitable indemnification, contribution, declaratory relief, and apportionment of fault. <00450048004b0044004f00 00530048005100470048[d corporation Noho Airport Transportation filed a complaint in intervention. On ...

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: ...cedent Ida Beckwith through defendant Access Services to provide disability transportation services for Ida, who was disabled, to her medical facility for dialysis. Defendants failed to provide adequate and/or appropriate assistance into the vehicle causing Ida to fall and strike her head. Then Doe 1 driver negligently failed to promptly and immediately call paramedics or to the hospital. Plaintiffs are requesting general damages. DISCUSSION Plai...

Excerpt: ... 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 that defendants failed to secure payment of workers' compensation benefits as required by Labor Code §3700. On September 18, 2015, plaintiff filed an amendment designating Varouzhan Tatoian as Doe 21. On January 7, 2016 a defa...