Excerpt: ... the civil cover sheet also indicates an auto tort, insurance coverage contract, and “SEEKING OVERTURN OF CA VICTIMS COMP BOARD REJECT.” (See Civil Case Cover Sheet.) On March 28, 2018, Defendant Infinity Insurance Company (“Defendant”) filed a demurrer to the entire complaint. // Defendant's Demurrer to the Complaint Defendant demurs to the entire complaint because it fails to plead any cause of action against Defendant. Based on its own...

Excerpt: ...8. At an ex parte hearing on March 15, 2018, the court granted plaintiff's ex parte application to continue the hearing on the motion for summary judgment to May 3, 2018. The trial date was continued to July 24, 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 name of any ...

Excerpt: ...intiff to Answer Special Interrogatories, Set No. One (as to Alexis Lizarraga) (5) Motion for Order Compelling Plaintiff to Respond to Demand for Production of Documents, Set No. One (as to Alexis Lizarraga) The court considered the moving papers. BACKGROUND On June 27, 2017, plaintiffs Rafael Lizarraga, Jr. and Alexis Lizarraga filed a complaint against defendants Rebecca V. Oriordan and Zhihong Chen for motor vehicle negligence based on an inci...

Excerpt: ... 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 Defendant AHMC Greater El Monte Community Hospital requests that the court order plaintiff to post a security undertaking in the amount of at least $42,000, pursuant to CCP §1030. Under CCP §1030(a), when the plaintiff in an action resides out of the state the defendant may at any...

Excerpt: ...0. On February 5, 2018, the court vacated the order of dismissal. The court set a trial date for November 13, 2018. DISCUSSION Defendant requests that the court quash service of the summons and complaint. A defendant may serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her. CCP § 418.10(a). Code of Civil Procedure section 418.10 provides the exclusive procedure for chall...

Excerpt: ...s. 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 for reclassification, regardless of any fault or lack of fa...

Excerpt: ...s entered against defendant Espeleta. 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 Beach Properti...

Excerpt: ...ay, 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 irrelevant, false or improper matter, o...

Excerpt: ...egligence based on an incident that occurred on October 27, 2014. On March 6, 2018, pursuant to stipulation and order, the trial date was continued from March 22, 2018 to May 14, 2018. DISCUSSION Defendants request an order for leave to obtain a mental examination of plaintiff, on July 18, 2018, at 10:30 a.m. with Ari Kalechstein, Ph.D. Defendants seek also to continue the trial date if the motion is granted. “As a general matter, a defendant m...

Excerpt: ...ts S. Daniel Golshani and S. Daniel Gonshani, M.D., Inc. for general negligence based on medical malpractice. 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. ...

Excerpt: ...or May 7, 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 t...

Excerpt: ...July 20, 2017, pursuant to stipulation and order, the trial date was continued from September 5, 2017 to January 4, 2018. On November 9, 2017, pursuant to stipulation and order, the trial date was continued from January 4, 2018 to March 5, 2018 On February 21, 2018, at the FSC, pursuant to stipulation and order, the trial date was continued from March 5, 2018 to May 16, 2017. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “To ensure the prompt ...

Excerpt: ... the Truth of All Matters Specified in Requests for Admissions, Set One Be Deemed Admitted The court considered the moving papers. BACKGROUND On December 6, 2016, plaintiff Tracie Jones filed a complaint against defendants Los Angeles County MTA and Esayas Geletu for motor vehicle negligence based on incidents that occurred on February 4, 2016 and May 21, 2016, when she was a passenger on the bus. On November 17, 2017, the court granted plaintiff...

Excerpt: ...ff'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. On February 2, 2018, the court granted defendant's motions to compel discovery responses. Trial is set for October 19, 2018. DISCUSSION Defendant Montebello USD requests that the court impose terminating sanctions against pl...

Excerpt: ...suant to CCP § 387(d)(1) or, in the alternative, 387(d)(2), Arch Insurance Company requests leave to file an answer in intervention on behalf of its insured Graebel Van Lines Holdings, LLC. 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 intervene. (B) The p...

Excerpt: ...ll on stairs. 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 section 437c, subdivision (c), requires the trial judge to grant summ...

Excerpt: ...an ad litem Roberto Martinez filed a complaint against Defendants Hugo Rafael Munguia‐ Contreras aka Hugo Munguia‐Contreras and Does 1 to 25 for motor vehicle negligence and general negligence. DISCUSSION Minor Claimants Jacqueline Martinez and Ivana Dominguez are 13 and 17 years old, respectively. Minor Claimants were passengers in a vehicle driven by Petitioner and were injured when Defendant made an unsafe left turn in front of their vehic...

Excerpt: ...an hired the subject vehicle. 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. (Code Civ. Proc., § 436, subd. (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. (Code Civ. Proc., §436(b).) The gro...

Excerpt: ...aintiff. On October 3, 2017, at the Final Status Conference, both sides failed to appear. The court ordered the Final Status off calendar, and held the October 19, 2017 trial date remain set. At the October 19, 2017 trial, neither side appeared. The court ordered the action dismissed pursuant to Code of Civil Procedure section 581, subd. (b)(3). On March 9, 2018, Plaintiff filed a Motion to Set Aside Dismissal. [1] LEGAL STANDARD Whenever an appl...

Excerpt: ...laint against Defendant Los Angeles Unified School District (“LAUSD”) for premises liability and general negligence for injuries she allegedly sustained on October 16, 2015 when her foot was run over by a janitorial truck/sweeping device. On May 30, 2017, plaintiff filed an “Amendment to Complaint,” wherein she substituted Defendant Andres Alvarez Rodriguez in lieu of Doe 1. Trial is set for August 1, 2018. LEGAL STANDARD Interrogatories ...

Excerpt: ...o Veliz (“Defendants”). Ms. Kapelewski was injured when she was a passenger in a car driven by her husband that was rear ended by Mr. Veliz. Plaintiffs are residents of Ohio. On March 16, 2018, Defendants filed the instant motion to compel Plaintiff Theresa Kapelewski's independent medical examinations with Dr. Keith Liberman, M.D. and Dr. Charles Lane M.D. On the same day, Defendants filed for an ex‐parte application to shorten time for th...

Excerpt: ...injuries in an August 27, 2014 motor vehicle accident. On February 1, 2018, Na dismissed her complaint, with prejudice. Trial is set for January 15, 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 (1...

Excerpt: ...0030044004a0044004c0051005600570003002700480049[endants County of Los Angeles (“County”) and City of Los Angeles (“City”) for negligence and premises liability. The City was dismissed from the suit on February 22, 2017. 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, t...

Excerpt: ...o 50 for negligence and intentional tort. Plaintiff alleges he was attacked and beaten by Dillon on January 19, 2015. Plaintiff alleges Defendant and Kelly failed to warn him of the imminent danger presented by their son, despite being aware that Dillon suffered from depression and mental instability, expressed a desire to act violently, and accused Plaintiff of being an abuser. LEGAL STANDARD The purpose of a motion for summary judgment or summa...

Excerpt: ...earances at the Final Status Conference. On February 28, 2018, 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, surprise, or excusable n...

Excerpt: ...in approximately 1988 when plaintiff was approximately ten years old on church grounds. Plaintiff contends that Doe 3 had previously been accused of molesting minors and was sent by Doe 1 to St. Luke's Institute in Maryland, a pedophile priest treatment center operated by the Catholic Church. Plaintiff requests an order allowing for the naming of defendants by their true names and an order allowing for the filing of the Certificate of Corroborati...

Excerpt: ..., LLC for motor vehicle negligence based on an incident that occurred on March 16, 2015. Trial is set for September 17, 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...

Excerpt: ...nd Francis Yeo for negligence based on a motor vehicle accident that occurred on August 13, 2013. On June 22, 2017, the court granted defendants' motions to compel plaintiffs' responses to defendants' discovery requests within seven days. At the hearing, defendants' withdrew their request for sanctions. DISCUSSION Defendants request an order compelling plaintiffs to appear for their deposition. CCP §2025.450(a) provides: “If, after service of ...

Excerpt: ... treatment. On June 29, 2016, plaintiffs Cia Amir, individually and as successor-in-interest to the estate of Nancy Amir, Al Amir Shaidi, and Farshad Amir filed a First Amended Complaint against defendant Moussa Faminini, M.D. for medical malpractice. On November 23 and December 7, 2016, plaintiffs' counsel filed motions to be relieved as counsel. On December 21, 2016 and January 3, 2017, the court granted plaintiffs' counsel's motions to be reli...

Excerpt: ...lver metal plate. On February 3, 2017, City of LA filed a cross-complaint against First Kitchen & Grill for apportionment of fault, indemnification, and declaratory relief. On March 16, 2017, City of LA filed a cross-complaint against Taft Owner Partners, LLC (“Taft”). DISCUSSION Cross-defendant Taft requests that the court determine that the settlement between plaintiff and Taft is in good faith and that all cross-complaints against Taft sho...

Excerpt: ... December 23, 2015, Pablo Reyes Rios filed a cross-complaint against Abel Garcia for apportionment and partial indemnity. Trial is set for August 23, 2018. DISCUSSION Defendant Pablo Reyes Rios (“Rios”) requests that the court determine that the settlement entered into between him and plaintiff is in good faith. In City of Grand View Terrace v. Superior Court (1987) 192 Cal. App. 3d 1251, 1261, the court provided the following guidance regard...

Excerpt: ... a complaint against defendant Ali Bawab for motor vehicle negligence based on an incident that occurred on February 27, 2015. Trial is set for August 21, 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: ...d that the defendant who operated a motor vehicle is “Doe Number 1.” On January 13, 2017, defendant LSG filed an answer. On November 21, 2017, plaintiff filed an amendment designating Hernanegildo Gil as Doe 1. DISCUSSION Defendant Hernanegildo Gil requests that the court quash service of the summons and complaint and to dismiss the action as to him. A defendant may serve and file a notice of motion to quash service of summons on the ground o...

Excerpt: ...OUND On September 20, 2017, plaintiff Deborah Dix filed a complaint against defendants Hudson Pacific Properties, Inc. and Andrews International, Inc. for premises liability. She alleges that on November 18, 2016, while on defendant's premises, defendants negligently caused conditions, which resulted in a security barrier striking plaintiff resulting in injuries and damages. Trial is set for March 2, 2019. LEGAL STANDARD Interrogatories If a part...

Excerpt: ...ence. Plaintiff is the mother of decedent Sadaf Gharenbaghi. Plaintiff alleges that decedent was enrolled in a sober living home to help her with her drug addiction issues. Decedent had been enrolled in the sober living homes as part of her sentence and as a term of her formal probation in a criminal case. Decedent would receive weekly outpatient drug treatment at an intensive outpatient program. On January 20, 2017, defendants negligently kicked...

Excerpt: ...ry 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 judgment if all the evidence submitted, and ‘all inferen...

Excerpt: ...rom May 16, 2018 to July 24, 2018. LEGAL AUTHORITY 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 following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2) The examination is conducted at a location within 75 mile...

Excerpt: ...tiff 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 add Midvalle...

Excerpt: ... on an incident that occurred on March 12, 2015. <005100560057000300b300 005b0044005100470048[r Lopez Mendez.” LEGAL STANDARD CCP § 473 “The court may, upon terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of...

Excerpt: ...ce, and Does 11 through 50 for motor vehicle negligence based on an incident that occurred on October 27, 2014. On December 27, 2017, plaintiff filed amendments to complaint, designating JM Container Services, Inc. as Doe 11 and Affordable Waste Solution, Inc. as Doe 12. On February 23, 2018, Plaza Indemnity Company filed a notice of stay of proceedings based on BinsBinsBins, Inc. notice of filing a bankruptcy petition. DISCUSSION Pursuant to CCP...

Excerpt: ...arehouse in Indianapolis, Indiana. Plaintiff was unloading cargo from a truck owned and/or operated by defendant Chany. Defendant Chany was negligent in proximately causing the subject accident in that its driver prematurely moved the truck while plaintiff was still unloading cargo from the truck. Prior to the incident, Bluestar and plaintiff entered into a verbal employment agreement in California that called for plaintiff to move to Indiana and...

Excerpt: ...§426.30(a) states: “Except as otherwise provided by statute, if a party against whom a complaint has been filed and served fails to allege in a cross-complaint any related cause of action which (at the time of serving his answer to the complaint) he has against the plaintiff, such party may not thereafter in any other action assert against the plaintiff the related cause of action not pleaded.” “'Related cause of action' means a cause of a...

Excerpt: ...ncident that occurred on February 24, 2017. Plaintiff alleges that defendants were in possession and control of the premises at 11652 York Avenue, Apartment 1, in Hawthorne. Defendants employed Doe 1 to do work on the wall heater unit at the apartment. After completing some repair work on the heater, but having not fully inspected it, Doe 1 informed the tenant and plaintiff to no turn on the wall heater unit until smoke detectors were installed i...

Excerpt: ... to compel plaintiff's physical examination. He was ordered to appear on or before June 1, 2018. Trial was continued to July 10, 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. 2...

Excerpt: ...auses of action for general negligence and motor vehicle negligence. Compl. at pp. 4—5. It arises from an incident on June 23, 2015, when Michael was laying in the grass of Arcadia Park at 405 S. Santa Anita Avenue, Arcadia, California. Compl. at p. 4. Defendant Pedro Serrano Herrera drove a vehicle on the lawn. Id. Defendant Herrera was an employee of Defendant Azteca Landscape. Id. Defendant Herrera drove over Michael's shoulder, face, and bo...

Excerpt: ... 2016, as plaintiff was getting on the elevator, the unleveled surface between the elevator room and the floor caused plaintiff to trip and fall. On October 25, 2017, Vatche B. Kalaidjian, ind. and dba JSK Properties filed an answer. Trial is set for November 13, 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 ...

Excerpt: ...s 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 irrelevant, false or improper matter, or has not been drawn or filed in confor...

Excerpt: ...unsel's motion to be relieved as counsel. On January 17, 2017, plaintiff's counsel filed a proof of service of the order. On March 13, 2018, the court granted defendant's motions to compel plaintiff to serve responses to defendant's form and special interrogatories, request for production of documents, and request for admissions, within 20 days. Trial is set for August 13, 2018. LEGAL STANDARD Pursuant to CCP § 2033.280(b), a party may move for ...

Excerpt: ...p and fall on stairs on November 26, 2015. 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 section 437c, subdivision (c), requires ...

Excerpt: ...opposition, and reply papers. BACKGROUND On April 7, 2017, plaintiff Eric Robinson filed a complaint against defendants Loews <0025004800440046004b00 002c005100460011000f[ Loews Corporation, Strategic Hotels and Resorts, Inc., and Melissa Eppling for premises liability. Plaintiff alleges that on April 18, 2015, she was lawfully on the premises when suddenly and without notice, she was struck by a large outdoor patio umbrella that was not properly...