Excerpt: ...��DPT”) and Does 1 to 50 alleging causes of action for negligence (motor vehicle), dangerous condition of public property, wrongful death and survival action. The complaint in relevant part alleges the following: 1) Ball is the daughter of Decedent and Lee is the mother of Decedent. (Complaint ¶¶ 3-4); 2) On April 21, 2017, Decedent died as a result of a motor vehicle collision with Mbagwu which occurred on property owned and controlled by Ci...

Excerpt: ..., “Defendants”) for medical malpractice relating to the care and treatment rendered beginning on September 10, 2014. Frank Yusuf, M.D. (“Dr. Yusuf”) moves for summary judgment. Plaintiffs allege Dr. Yusuf, general surgeon, was negligent in failing to entirely remove Iboa's cancerous rectal mass during surgery on September 10, 2014. Dr. Yusuf first saw Iboa on <0044005100520057004b00 00550003004400490057[er a colonoscopy on April 23, 2014....

Excerpt: ...ril 29, 2015 incident in which a large metal fixture display fell on top of Ms. Day. Defendants move for summary judgment, or in the alternative, summary adjudication. II. FACTUAL BACKGROUND In April 2015, the Sears store at the Westfield Topanga mall was closing and undergoing a liquidation sale where it was selling its inventory, equipment, and fixtures. (Undisputed <000f00030033004f004400 004400560003005a0044[lking on a sidewalk and was struck...

Excerpt: ... preference on grounds he is under 14 years of age and has a substantial interest in this action. (Code of Civ. Proc., §36, subd. (b).) “A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole.” (Code of Civ. Proc., § 36, subd...

Excerpt: ...fendants”). Plaintiffs allege causes of action for: (1) negligence, (2) negligent supervision, (3) negligent hiring and/or retention, (4) negligent failure to warn train or educate, (5) negligence per se, (6) constructive fraud, (7) intentional infliction of emotional distress, (8) negligent infliction of emotional distress, (9) sexual harassment, (10) sexual harassment and abuse in educational setting, (11) breach of fiduciary duty, and (12) p...

Excerpt: ...'s deposition for September 13, 2017. (Declaration of Eric G. Rudin, ¶ 5.) One day before the deposition, Defendant's counsel called to say Defendant would not be attending. (Rudin Decl., ¶ 6.) Defendant's deposition was then noticed for April 10, 2018 (Rudin Decl., ¶ 7) and then again for May 2, 2018 (Rudin Decl., ¶ 9). The day before the April 10 and May 2 depositions, Defendant's counsel called to say Defendant would not be attending. (Rud...

Excerpt: ...e of the car accident. At the April 12, 2018 Informal Discovery Conference, the Court advised Defendant to produce her cellphone records for February 17, 2016 for the time period of 6:00 p.m. to the time of the accident, which occurred at approximately 7:45 p.m., or to provide her cell phone provider information so that the records could be subpoenaed. To date, Defendant has not produced the cell phone records. It appears that the telephone carri...

Excerpt: ...pecialist. (Declaration of Paul F. Sullivan, ¶ 13.) Dr. Rosen began the examination with an interview, at which time, Plaintiff's attorney advised Plaintiff would not answer questions about the accident, the progression of her symptoms, her response to treatment, or her medical history relating to the same body parts. (Sullivan Decl., ¶¶ 15, 16; Exh. G.) Defendant moves to compel a “proper” IME, to continue trial, and monetary sanctions. I...

Excerpt: ... prejudice. Plaintiff moves to set aside dismissal. “The court may, upon any 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.” (Code of Civ. Proc., § 473, subd. (b).) Application for this relief shall be made within a reasonable time, in no case exceeding six months,...

Excerpt: ...nger in Defendants' vehicle, filed a complaint for bodily injuries. On March 6, 2018, the court granted Defendant's Motion to compel Thorson's responses to discovery requests. Thorson was ordered to serve responses, without objection, to Defendant's form interrogatories and request for production of documents, and to pay monetary sanctions within twenty (20) days. (Declaration of Kevin M. Maki, ¶ 4.) Upon receipt of Defendant's Notice of Ruling,...

Excerpt: ...l Defendants' further responses to discovery requests. On June 12, 2018, the parties participated in an Informal Discovery Conference (IDC) with the court. There, defense counsel was instructed to provide further responses. Although Defendants served further supplemental responses, Plaintiff contends these responses are still deficient and seeks a court order that Defendants provide additional further responses. <0057004b00480055000300 0003005500...

Excerpt: ...sel requested and was granted three extensions on responses. (Woods Decl., ¶¶ 6-8.) On February 7, 2018, Plaintiff served unverified responses. (Woods Decl., ¶ 9.) Defense counsel sent a meet and confer letter, but no verified responses have been served. (Woods Decl., ¶¶ 10, 11.) Defendant moves to compel Plaintiff's verified responses without objection and to impose monetary sanctions. Where a party fails to serve timely responses to discov...

Excerpt: ...ff. On November 3, 2017, Defendant served Requests for Admissions, Set One on Plaintiff. (Declaration of Wendy C. Skillman, ¶ 5.) Plaintiff served no responses. (Skillman Decl., ¶¶ 6, 7.) Defendant moves for an order deeming admitted requests for admissions and monetary sanctions. (Skillman Decl., ¶¶ 8, 10.) Where a party fails to timely respond to a request for admission, the propounding party may move for an order that the genuineness of a...

Excerpt: ... was exiting her school service vehicle owned by Defendants when she fell down, sustaining serious bodily injury. On November 19, 2015, Plaintiff filed amendments to the compliant, naming Karine Osmanyan (“Osmanyan”) and Daniel Shubaralyan (“Shubaralyan”) as Doe 1 and Doe 2, respectively. Best West failed to file an Answer and default was entered against it. Osmanyan and Shubaralyan sought settlement for their maximum individual policy li...

Excerpt: ...errogatories, Special Interrogatories, and Demand for Production of Documents on Plaintiff. (Declaration of Stephen D. Enerle, ¶ 3.) Plaintiff failed to serve responses, despite Defendants sending meet and confer letters and granting an extension on responses. (Enerle Decl., ¶¶ 5, 6.) Defendants seek to compel Plaintiff's responses and monetary sanctions. Where a party fails to serve timely responses to discovery requests, the court may make a...

Excerpt: ...s. II. FACTUAL BACKGROUND <001300140018000f000300 00490003005700520052[k her dog, Daisy May, for a walk around the neighborhood and met Defendant for the first time. (Undisputed Material Fact “UMF” No. 9.) Plaintiff was first walking in the middle of the street before stopping and having a conversation with Defendant. (UMF No. 10.) Plaintiff was aware that Chewy, Defendant's German Shepard, was in the yard while she was having her conversatio...

Excerpt: ...ations from the complaint. (Code of Civ. Proc., §§ 435, 436.) However, Defendant failed to meet and confer in compliance with CCP Section 435.5. Effective January 1, 2018, before filing a motion to strike, “the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be...

Excerpt: ...thur Kreitenberg, M.D., Cynthia Lynn Chabay, M.D., Andrew Morris, D.C., and George Rappard, M.D. as retained experts and designated Sean Armin, M.D. as a non-retained expert. (Declaration of Eric S. Chun, ¶ 4.) The parties stipulated to three trial continuances. (Chun Decl., ¶¶ 5-7.) Since January 12, 2018, Plaintiffs' office has made numerous attempts to Dr. Armin's office to produce Plaintiff's medical records and to provide dates for availa...

Excerpt: ..., and products liability. On February 27, 2017, Qiu was driving a bus owned and operated by Liang and A&F, and designed, manufactured, assembled, and distributed by Starcraft. Plaintiff was a passenger on the bus and was injured in a collision between the bus and two vehicles. Twenty- six passengers were injured and the operator of one of the other vehicles was killed. On April 10, 2018, Plaintiff filed a First Amended Complaint (“FAC”). Fore...

Excerpt: ...n of Hilary W. Smith, ¶ 2; Exh. A.) Plaintiff failed to serve any responses, despite counsel's meet and confer attempts and extensions. (Smith Decl., ¶¶ 3-10.) Ehrke moves to compel Plaintiff's responses and monetary sanctions. A party that fails to serve a timely response to discovery requests waives any objections to the request, including one based on privilege or the protection of attorney work product. (Code of Civ. Proc., §§ 2030.290, ...

Excerpt: ...vil Procedure section 36(b). “A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole.” (Code of Civ. Proc., § 36, subd. (b).) Where a motion for preference pursuant to CCP § 36, subdivision (b) is granted, a party in an actio...

Excerpt: ...nal negligence and loss of consortium relating to a December 22, 2015 neurosurgical procedure. On December 22, 2015, Plaintiff Vincent DiPiazza was admitted to UCLA Medical Center for a left far lateral suboccipital craniotomty for resection of foramen magnum meningioma. (Undisputed Material Fact “UMF” No. 6.) The operating notes reflected no complications, but Plaintiff remained admitted at UCLA through January 13, 2016 with a variety of pos...

Excerpt: ...t alleges that on March 6, 2016, the defendants negligently owned, leased, operated, maintained, managed, controlled and entrusted their motor vehicle. (Complaint ¶¶ 10 and 14.) As a result of this negligence, the defendants' motor vehicle collided with Plaintiffs' vehicle thereby injuring Plaintiffs. (Id.) <004c005000450055004800 0055004a00440055004c[n Produce (“Moving Party”) demurred to the second cause of action for negligence per se. P...

Excerpt: ...ic property, vicarious liability, and public employee liability relating to a January 26, 2017 trip and fall outside of Marengo Elementary School. SPUSD moves for monetary sanctions and to dismiss this action pursuant to Code of Civil Procedure section 128.7. Section 128.7 states that “[b]y presenting to the court, whether by signing, filing, submitting, or later advocating, a pleading, petition, written notice of motion, or other similar paper...

Excerpt: ...Special Interrogatories on each Plaintiff. (Declaration of Kimberly A. Mueller, ¶ 2; Exh. A.) On February 23, 2018, defense counsel sent Plaintiff's counsel a letter regarding overdue responses. (Mueller Decl., ¶ 4.) On March 3, 2018, Plaintiff's counsel requested an extension to March 19, 2018 and then requested another extension to April 18, 2018. (Mueller Decl., ¶ 6.) Defendant seeks an order compelling Plaintiff's responses and imposing mo...

Excerpt: ...or Production of Documents, Set Two on Defendant. (Declaration Teresa A. Johnson, ¶ 6.) On February 28, 2018, Defendant served unverified responses. (Johnson Decl., ¶ 7.) Defendant failed to serve verifications and Plaintiff seeks an order compelling verified responses and monetary sanctions. Defense counsel has had difficulties communicating with Defendant due to language and cultural barriers that have caused unforeseeable and unintentional d...

Excerpt: ...when she slipped and fell. (Undisputed Material Fact “UMF” No. 1.) The Kronos Timekeeper Floor Inspection Report for the incident date shows an hourly floor inspection was started by Store employee Dancee C. Brown (“Brown”) at 4:34 p.m. (UMF No. 2; Declaration of Dancee C. Brown, ¶ 4.) Store manager Ray Sum (“Sum”) made copies of the store surveillance video footage. (UMF No. 3.) Defendant moves for summary judgment on grounds it did...

Excerpt: ...arameters for the deposition. “Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order. The motion shall be accompanied by a meet and confer declaration under Section 2016.040.” (Code of Civ. Proc., § 2025.420, subd. (a).) The court, for good cause shown, may make any order that justice requires to protect a party or deponent from unwanted a...

Excerpt: ...ce of the summons and complaint on Defendants on May 2, 2018 via personal service on Jennifer Carreon, Executive Secretary (reception) at a business on Hope Street in Los Angeles. On June 5, 2018, Andrew filed an Answer. Evan moves to quash service. Personal service may be accomplished by personally delivering a copy of the summons and complaint to the person to be served. (Code of Civ. Proc., § 415.10.) If a copy of the summons and complaint ca...

Excerpt: ...Edy Mejia, Officer S. Curtis, Officer H. Freeman, and Officer Rocha (collectively, “Deponents”). (Declaration of Benjamin Sampson, ¶¶ 2, 3.) Defendants Waste Management of California, Inc. (“WM”) and Samuel Garcia Cardenas (“Cardenas”) (collectively, “Defendants”) move to quash the deposition notices and seek a protective order preventing the taking of Deponents' depositions. Any party may obtain discovery, subject to restrictio...

Excerpt: ...fendants served Form Interrogatories, Special Interrogatories, and Demand for Production of Documents on each plaintiff. (Declaration of Grayson Sobel, ¶ 2; Exh. A.) On May 1, 2018, defense counsel sent a letter to Plaintiffs' counsel requesting verified responses to Defendants' discovery requests. (Sobel Decl., ¶ 3.) On May 14, 2018, defense counsel attempted to speak to Plaintiff's counsel by telephone and sent an email granting a discovery e...

Excerpt: ...ative disc disease, right foot numbness, and post-traumatic stress disorder. On February 2, 2018, Defendant served a deposition subpoena for the production of records on Mark Herbst, M.D (“Dr. Herbst”). seeking records pertaining to Plaintiff's continued claims of emotional distress and PTSD. (Declaration of Ann C. Hall, ¶ 3; Exh. A.) Counsel first sought authorizations for records from Plaintiff's counsel, who ignored the requests. Dr. Herb...

Excerpt: ...grant if the court makes both of the following findings: (1) the party has a substantial interest in the action as a whole; and (2) the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. (Code of Civ. Proc., § 36, subd. (a).) In the court's discretion, preference may also be granted where “clear and convincing medical documentation . . . concludes that one of the parties su...

Excerpt: ...tel, after exiting his car. (Undisputed Material Fact “UMF” Nos. 1, 2.) The beam was painted bright yellow. (UMF Nos. 11, 12; Exhs. 2-13.) Defendant moves for summary judgment on grounds: (1) no reasonable person would consider the beam a dangerous condition, (2) even if it was dangerous, it was open and obvious, <0052005800560051004800 5600560011[ III. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply a three-step...

Excerpt: ..., 2017 dog bite. Plaintiff moves for preferential trial setting. A party who is over 70 years old may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) the party has a substantial interest in the action as a whole; and (2) the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. (Code of Civ. Proc., § 36, sub...

Excerpt: ...tion on public property. On December 28, 2015, Plaintiff went to Glendale Pharmacy. (Undisputed Material Fact “UMF” No. 1.) At some point, while walking along the sidewalk in front of Glendale Pharmacy, Plaintiff was not looking where she was going and fell. (UMF No. 2.) Plaintiff does not remember exactly where she fell. (UMF No. 5.) City moves for summary judgment on grounds: (1) Plaintiff failed to identify a dangerous condition, and (2) t...

Excerpt: ...ordered to appear for deposition within twenty (20) days and to pay $950.00 in monetary sanctions. On May 15, 2018, Defendant served a Notice of Ruling on Plaintiff. (Declaration of Lorin D. Snyder, ¶ 3; Exh. A.) Defendant served a Notice of Taking of Deposition on Plaintiff, but Plaintiff did not appear for the June 1, 2018 deposition and a certificate of nonappearance was taken. (Snyder Decl., ¶ 4, 7; Exh. C.) Defendant moves for terminating ...

Excerpt: ...emand for production of documents. On June 7, 2018, the parties participated in an Informal Discovery Conference (IDC) with the Court. Prior to the IDC, Defendant had provided sufficient supplemental responses. The only remaining issue is Plaintiff's request for monetary sanctions. Upon receipt of responses to discovery requests, the propounding party may move for an order compelling a further response if the propounding party deems that the resp...

Excerpt: ...nd request for admissions on Defendant. (Declaration of Benjamin Arsenian, ¶ 2.) Despite a two-week extension on responses, Defendant has not responded to Plaintiff's discovery requests. (Arsenian Decl., ¶ 5.) Plaintiff seeks an order compelling Defendant's responses to discovery, deeming admitted requests for admissions, and monetary sanctions. Where a party fails to serve timely responses to discovery requests, the court may make an order com...

Excerpt: ...ert M. Zavidow, ¶ 1.) Plaintiff Michael J. Petrella was voluntarily dismissed from this action, but is still a critical witness. (Zavidow Decl., ¶ 2.) However, he is currently incarcerated and has a release date of December 27, 2018. (Zavidow Decl., ¶ 4.) Counsel avers Michael needs to be released from jail in order to re-familiarize himself with the accident area and to be a competent witness. (Zavidow Decl., ¶ 8.) This will be the third tri...

Excerpt: ...mmary adjudication may be heard. A party seeking a continuance of the date set for trial must make the request for a continuance by a noticed motion or an ex parte application as soon as reasonably practical once the necessity for the continuance is discovered. (Cal. Rules of Court, Rule 3.1332(b).) The request for continuance may be granted on an affirmative showing of good cause. (Cal. Rules of Court, Rule 3.1332.) Defendant argues the parties ...

Excerpt: ...he dogs, Plaintiff sustained injuries to her left hip, requiring surgery. Defendant moves to compel the neuropsychological examination of Plaintiff. In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff where: (1) the examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; and (2) the examination is conducted a...

Excerpt: ...mmary adjudication may be heard. A party seeking a continuance of the date set for trial must make the request for a continuance by a noticed motion or an ex parte application as soon as reasonably practical once the necessity for the continuance is discovered. (Cal. Rules of Court, Rule 3.1332(b).) The request for continuance may be granted on an affirmative showing of good cause. (Cal. Rules of Court, Rule 3.1332.) Defendant argues the parties ...

Excerpt: ...which individuals could enter and exit the property, which caused uninvited trespassers to come onto the property and Plaintiff to injure himself. Defendant moves to strike punitive damages allegations. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code of Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, Rule 3.1322(b).) The court may, upon a motio...

Excerpt: ... of emotional distress relating to a June 9, 2011 trip and fall incident. SCE moves for summary judgment on grounds: (1) it owed no duty to Plaintiff as it neither owned, managed, or controlled the subject property; (2) it did not create the hazard; and (3) Plaintiff is barred from re-litigating this suit, originally filed on May 29, 2012 and dismissed in its entirety in July 18, 2016. II. FACTUAL BACKGROUND On June 9, 2011, Plaintiff was an eigh...

Excerpt: ...ty and implied warranty of merchantability, relating to March 10, 2015 surgical procedures performed on Plaintiff by Defendants. Dr. Tang is named as a defendant as to the first cause of action for medical negligence only. On October 29, 2014, Plaintiff presented to Dr. Tang, an Ob-Gyn, on a referral from her primary care physician. She was found to have an enlarged uterus and opted to have a hysterectomy at Citrus Valley Medical Center, which wa...

Excerpt: ...missions, and request for production on Defendant. (Declaration of Omid Khorshidi, ¶ 2.) The parties met and conferred regarding Defendant's inadequate responses and on May 30, 2018, the parties participated in an Informal Discovery Conference (IDC) with the Court. At the IDC, Defendant agreed to provide further responses to written discovery requests prior to this hearing on Plaintiff's Motions. The only outstanding issues relate to a County of...

Excerpt: ...�¶ 3- 6.) Plaintiff has failed to respond, despite a letter by defense counsel reminding him of outstanding discovery. (Williams Decl., ¶ 8.) Defendants seek an order compelling Plaintiff's response to discovery, deeming admitted requests for admissions, and monetary sanctions. Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code of Civ. Proc., §§ 2030.290, 2031.300; Heal...

Excerpt: ..., LLC (“Uber Defendants”) as Does 1-3. On May 11, 2018, Plaintiff filed a Second Amended Complaint (“SAC”). Uber Defendants move to strike punitive damages from the SAC. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code of Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, Rule 3.1322(b).) The court may, upon a motion or at any time in its d...

Excerpt: ... collision. On January 17, 2018, Defendants served Form Interrogatories and Special Interrogatories on Plaintiffs. (Declaration of Janet L. Keuper, ¶ 3.) On April 10, 2018, Defendants served Request for Production of Documents on Campas. (Keuper Decl., ¶ 7.) No responses have been received and Plaintiffs' counsel informed defense counsel that he has lost contact with Campas. Defendants move to compel responses to form interrogatories, special i...

Excerpt: ...all incident. On January 5, 2018, Defendants served Form Interrogatories, Special Interrogatories, Requests for Admission, and Requests for Production of Documents on Plaintiff. (Declaration of <000f00030033004f004400 00480055005900480047[ responses to discovery, pursuant to an extension agreed upon by the parties. (Sarkesians Decl., ¶ 4.) The parties met and conferred regarding supplemental responses and agreed Plaintiff would provide supplemen...

Excerpt: ...t relating to a February 20, 2016 automobile accident. At issue is Plaintiffs' Request for Production of Documents No. 15, which seeks a copy of Defendant's cell phone records from the date of the accident. Defendant first objected that this request was overbroad as to time frame and scope and invades the privacy of Defendant and third parties. On May 9, 2018, defense counsel failed to appear at the Informal Discovery Conference, which is require...

Excerpt: ...KGROUND <004c005300530048004700 004f0003005a004b004c[le walking on Kenwood Street in the City of Glendale. (Undisputed Material Fact “UMF” No. 1.) Plaintiff was at the premises to attend Patria Celestial church, which she had attended regularly for three years. (UMF Nos. 3, 4.) Plaintiff tripped on an uplifted slab of sidewalk. (UMF No. 7.) Glendale City police officer Israel Corrales examined the uplifted sidewalk and took a photograph of th...

Excerpt: ...gust 17, 2009 automobile accident. Plaintiff was six weeks old at the time of the accident and is now eight years old. Plaintiff responded to form interrogatories that he sustained a bruised forehead and head trauma, and experiences ongoing mental disability leading to aggressive behavior and is in need of behavioral therapy. (Declaration of Victoria L. Gunther, ¶ 2; Exh. A.) Plaintiff's mother and grandmother were deposed and testified that Pla...

Excerpt: ...arch 8, 2016, defendants Medreach Ambulance Inc, Medreach Ambulance Service and their employees Ryan Binsol and Alejandro Elizarraraz assisted Plaintiff from a dialysis recliner onto a gurney while on premises owned and maintained by defendants Davita Airport Sunrise Dialysis and DaVita Inc. (Complaint p. 4 GN- 1 and p.5 Prem.L-1.); and 2) The defendants asked Plaintiff to adjust herself on the gurney and as a result Plaintiff fell to the ground ...

Excerpt: ...remises liability arising out of a July 30, 2016 incident at Valadon Hotel where a fire erupted during the Toledo Show, resulting in severe burns to Plaintiff. On January 26, 2018, the court granted Plaintiff's motion for leave to file a First Amended Complaint. On April 4, 2018, the Court granted Defendants' motion to strike with leave to amend. On April 23, 2018, Plaintiff filed a Second Amended Complaint (“SAC”). Defendants move to strike ...

Excerpt: ...ting to injuries he sustained while playing baseball. Paul Doty, Sr.'s Deposition On June 16, 2017, Plaintiff's counsel agreed to accept a deposition notice on behalf of Paul Doty, Sr. (“Doty, Sr.”). The deposition notice included 19 document requests. Doty, Sr.'s deposition was rescheduled four times over seven months. (Declaration of Naomi C. Pontious, ¶ 2.) Doty, Sr. appeared on April 9, 2018, but failed to answer questions and neither he...

Excerpt: ...ng of Deposition on Plaintiff. (Declaration of Candace Lee, ¶ 3.) The deposition was continued to February 7, 2018, but Plaintiff failed to appear. (Lee Decl., ¶¶ 4, 5.) The day before the rescheduled deposition date of February 28, 2018, Plaintiff's counsel canceled the deposition and served a notice of motion to be relieved as counsel, which the court granted on March 29, 2018. (Lee Decl., ¶ 8.) Defendant re-noticed Plaintiff's deposition f...

Excerpt: ...�) failed to file a timely Second Amended Complaint (“SAC”). Plaintiffs filed their SAC on January 12, 2018. Defendants filed a motion to strike the FAC for failure to timely amend, and on January 26, 2018, the Court, on its own motion, ordered the belated SAC stricken. PlaintiffS then filed a motion to set aside dismissal based on counsel's mistake, inadvertence, surprise, or excusable neglect. On April 5, 2018, the Court denied the motion b...

Excerpt: ...uary 27, 2018, Defendants issued a deposition subpoena for production of documents to Infinity Insurance Company, Molinero's insurance company, seeking: Any and all insurance records, medical records, all writings, correspondence, billing, payments, claims, photographs, explanation of benefits (EOBs), and any other documents contained within the insurance file, pertaining to Jose Molinero aka Jose Luis Molinero Vera, DOB: 07/15/1973, SSN: UNKNOWN...

Excerpt: ...ice. Plaintiff alleged defendants were negligent during a laproscopic sleeve gastrectomy surgery where his esophagus was stapled, the calibration tube was cut and a portion retained, and he had a total transection of the gastroesophageal junction. He alleges inadequate visualization during the surgery and residual back pain from positioning. He also alleges he subsequently developed deep vein thrombosis, pulmonary emboli and a stroke as a result ...

Excerpt: ... for punitive damages. The complaint in relevant part alleges the following: (1) On April 8, 2016, Defendant lost control of his vehicle and crossed over into oncoming traffic and struck Plaintiff's motor vehicle causing Plaintiff injury. (Complaint ¶ 1); (2) Defendant was knowingly and intentionally intoxicated at the time of the incident with a blood alcohol level greater than 0.08. (Id.); (3) Defendant has been previously arrested and charged...

Excerpt: ...and its medical staff failed to provide adequate care to Plaintiff who was a patient and thereby caused Plaintiff injury. (Complaint p. 4 ¶ 1.) Plaintiff also seems to allege that USC violated its code of ethics by sponsoring a pharmaceutical company which caused USC's physicians to provide inadequate care and diagnosis to Plaintiff. (Id.) The complaint also references an ongoing litigation with a manufacturing pharmaceutical company regarding t...

Excerpt: ... quash the subpoena records served on Dr. Jeffrey Schaeffer, who evaluated Plaintiff as a consultant. On January 9, 2018, at Martin's second session of his deposition, Plaintiff testified his treating neurologist, Dr. Fisk, referred him to Dr. Schaeffer for testing. On April 12, 2018, Defendant's counsel issued a subpoena for records on Dr. Shaeffer with a production date of May 14, 2018. (Declaration of Gina Y. Kandarian-Stein, ¶ 2.) On May 30,...

Excerpt: ... supervision or retention of employees. The complaint includes a prayer for punitive damages. The complaint in relevant part alleges that on January 30, 2018, security guards struck Plaintiff without provocation or justification. (Complaint ¶¶ 16-19.) The complaint further alleges that these security guards used excessive force on Plaintiff during the scope and course of their duty as security guards for defendant Comedy Store. (Id.) On June 11...

Excerpt: ...aintiff. (Declaration of Anthony R. Bisconti, ¶ 3.) Plaintiff served responses that were incomplete and defense counsel sent a meet and confer letter, to which Plaintiff did not respond. (Bisconti Decl., ¶¶ 5, 6.) An IDC was held on June 14, 2018, but the issues were not resolved. Defendant moves to compel further responses. Upon receipt of responses to discovery requests, the propounding party may move for an order compelling a further respon...

Excerpt: ...19, 2017, PS2 served Form Interrogatories, Special Interrogatories, Demand for Production of Documents, and Request for Admissions on Marina Harbor. (Declaration of Lucio Leon, ¶ 2; Exh. A.) Marina Harbor failed to serve responses to PS2's discovery requests. (Leon Decl., ¶ 3.) PS2 sent a meet and confer letter, but to date, no responses have been received. (Leon Decl., ¶¶ 4, 5, 6.) PS2 moves to compel Marina Harbor's responses to discovery, ...

Excerpt: ...udication. II. FACTUAL BACKGROUND On July 21, 2015, Plaintiff attended a soccer game at the Rose Bowl Stadium (“Rose Bowl”), which is owned by City. (Undisputed Material Fact “UMF” Nos. 1, 2.) The weather condition that day was dry with a slight overcast. (UMF No. 3.) Plaintiff arrived at approximately 1 p.m. and entered the Rose Bowl through Gate B. (UMF Nos. 4, 5.) Throughout the game, Plaintiff purchased and consumed multiple alcoholic...

Excerpt: ...t. Defendant moves for evidentiary or issue sanctions, or in the alternative, to compel Plaintiff's mental examination, for a second time, and monetary sanctions. February 26, 2018 Order In January 2018, Defendant moved to compel multiple examinations of Plaintiff, including a mental examination by a licensed psychologist. On February 26, 2018, the Court found good cause and ordered Plaintiff to undergo an examination by Charles H. Hinkin, Ph.D. ...

Excerpt: ...iced the deposition of Gabriela Kornzweig (“Kornzweig”), Vice President, Corporate Affairs for NBCUniversal Media, LLC and an officer of each of the NBCUniversal Media, LLC's domestic subsidiaries. (Declaration of Hernan L. Lacuesta, ¶ 8.) Plaintiff's counsel and Defendants' counsel met and conferred, but Plaintiff refused to withdraw the deposition notice. (Lacuesta Decl., ¶ 17.) Defendants seek a protective order preventing the deposition...

Excerpt: ...n for relief from Government Code section 945.4 was denied on May 4, 2018. Plaintiff submitted another declaration seeking relief from the requirements of Government Code section 945.4 due to the reasonableness of his misconception. However, it does not appear Plaintiff submitted any additional information showing he is entitled to relief. Plaintiff previously stated he mailed a Los Angeles County Board of Supervisor's Claim to the Los Angeles Co...

Excerpt: ...ver was denied, but counsel did not receive notice of the rejection. (Paley Decl., ¶ 7.) On May 16, 2018, counsel submitted the summons for filing, which was successfully filed, which counsel believed meant the fee waiver had been granted. (Paley Decl., ¶ 5.) On June 1, 2018, counsel received a Clerk's Notice of Voiding Filing, which voided Plaintiff's complaint since the filing fee had not been paid. (Paley Decl., ¶ 6.) Counsel has paid the f...

Excerpt: ...7, 2017, Qiu was driving a bus owned and operated by Liang and A&F, and designed, manufactured, assembled, and distributed by Starcraft. Plaintiff was a passenger on the bus and was injured in a collision between the bus and two vehicles. Twenty-six passengers were injured and the operator of one of the other vehicles was killed. On March 19, 2018, the Court granted Defendants' motion to strike punitive damages with twenty (20) days' leave to ame...

Excerpt: ....) On January 4, 2018, Defendant served Special Interrogatories, Set One and Request for Production of Documents, Set One on Plaintiff. (Boroujerdi Decl., ¶ 5.) Plaintiff served “provisional” responses without verifications. (Boroujerdi Decl., ¶ 10.) Defendant moves to compel Plaintiff's verified responses and monetary sanctions. It is well-settled that “unsworn responses are tantamount to no responses at all.” (Appleton v. Superior Cou...

Excerpt: ...tiff's deposition for February 13, 2018. (Declaration of Katherine S. Agbayani, ¶ 2; Exh. A.) Plaintiff's counsel was relieved as counsel and he advised defense counsel that Plaintiff's deposition should be continued, as he had not had contact with Plaintiff for several months and could not confirm Plaintiff's appearance at the deposition. (Agbayani Decl., ¶ 4.) Defendant continued the deposition to February 27, 2018. (Agbayani Decl., ¶ 5; Exh...

Excerpt: ... blocked account, subject to withdrawal only upon authorization of the court. However, Petitioner has been unable to open the bank account with One West Bank because he does not have Natalie's social security number. (Declaration of Jorge Esparaza Nuno, ¶ 3.) Petitioner tried to obtain her social security number from the Social Security Administration, but cannot obtain it without current school records or medical records. (Nuno Decl., ¶ 4.) Na...

Excerpt: ...ssal. “The court may, upon any 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.” (Code of Civ. Proc., § 473, subd. (b).) Application for this relief shall be made within a reasonable time, in no case exceeding six months, after judgment, dismissal, order, or proceedi...

Excerpt: ...orthridge Hospital, West Star Physical Therapy/Managed Care Rehab, Back 2 Health Physical Therapy, Tower Orthopedics, Facey Medical Group, Renaissance Imaging, United Health Care, and their billing entities. Plaintiff sustained injuries to her neck, back, right arm, and right shoulder. Defendants seek all records and billing for a five-year period from various health care providers. Plaintiff argues these subpoenas are overbroad and invade her ri...

Excerpt: ...a cause of action for general negligence against it. (Declaration of Gregory L. Young, ¶ 2.) The Court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading, including adding or striking out the name of any party, or correcting a mistake in the name of a party, or a mistake in any other <000c000b0014000c001100 00030047004c00560046[retion should be exercised liberally in f...

Excerpt: ...y 26, 2018. Plaintiff moves to continue trial on grounds he is currently incarcerated, but may be released in September 2018 and will be able to complete discovery and prosecute this case. Plaintiff was arrested on July 19, 2016. (Declaration of Christoffer Gaddini, ¶ 2.) Plaintiff was sentenced on October 12, 2016 and may be released on September 16, 2018. (Gaddini Decl., ¶ 2.) Plaintiff moves to continue trial to July 16, 2019 or shortly ther...

Excerpt: ..., Plaintiff served a verified response objecting to the interrogatories. After meeting and conferring, Plaintiff refused to provide further responses. Defendant now moves for an order compelling further responses and imposing monetary sanctions. On March 19, 2018, the parties participated in an Informal Discovery Conference (“IDC”), but the issues were not resolved. Upon receipt of discovery requests, the propounding party may move for an ord...

Excerpt: ...rm Interrogatories, and Request for Admissions on Plaintiff. (Declaration of Craig L. Winterman, ¶ 2.) Despite meet and confer efforts and multiple extensions on responses, Plaintiff failed to provide responses to Defendant's discovery. (Winterman Decl., ¶¶ 5-13.) Defendant moves to compel responses to discover, deem admitted requests for admissions, and monetary sanctions. Where a party fails to serve timely responses to discovery requests, t...

Excerpt: ...ident. Plaintiff moves to compel the deposition of Defendant and seeks monetary sanctions. Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code of Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify, as well as to produce documents for inspection and copying. (Cod...

Excerpt: ...aration of Christopher Ray Hughes, 1 , 2.) Applicant does not regularly engage in business in Califomia and has noT filed an application to appear pro hac vice in Califomia in the past two years. (Hughes Decl_, 6.) Applicant' s application complies with the requirements of Califomia Rules of Coun Rule 9 40, including serving notice and required fees on the State Bar of Califomia_ The application is GRANTED. It is ordered that Christopher Ray Hugh...

Excerpt: ... general negligence relating to alleged injuries sustained on Defendants' premises. On December 7, 2013, Plaintiff was on the premises located on West 48th Street in Vernon, California (“Premises”). Plaintiff worked as a guard for a security company at the Premises. While attempting to close an iron security gate, the gate fell on Plaintiff, who became trapped under the gate for approximately seventeen (17) minutes, until he was freed by thre...

Excerpt: ...le accident. Defendants seek leave to file a cross-complaint against Simonyan for indemnity, comparative contribution, and declaratory relief. 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. (Code of Civ. Proc. § 428.50, subd. (a).) Any other cross-complaint may be filed at any time before th...

Excerpt: ... The Court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading, including adding or striking out the name of any party, or correcting a mistake in the name of a party, or a mistake in any other <000c000b0014000c001100 00030047004c00560046[retion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same...

Excerpt: ..., or in the alternative, summary adjudication, on grounds Plaintiff signed a release agreement not to sue Defendant and therefore, her action is barred. II. FACTUAL BACKGROUND <0047000300440051004700 00530044005700480047[ as a general audience member in a taping of a television show, “The Talk.” (Undisputed Material Fact “UMF” No. 3.) Plaintiff alleges that while exiting the seating area, she tripped and fell and sustained personal injuri...

Excerpt: ... Request for Production of Documents on Plaintiff. (Declaration of Grayson L. Sobel, ¶ 2; Exh. A.) Plaintiff served no responses and defense counsel sent a meet and confer letter on April 25, 2018. (Sobel Decl., ¶ 3; Exh. B.) Defendant seeks to compel Plaintiff's responses and monetary sanctions. Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code of Civ. Proc., §§ 2030....

Excerpt: ...ber ride to Plaintiff. On November 3, 2017, Defendant served Requests for Admissions, Set One on Plaintiff. (Declaration of Wendy C. Skillman, ¶ 5.) Plaintiff served no responses. (Skillman Decl., ¶¶ 6, 7.) Defendant moves for an order deeming admitted requests for admissions and monetary sanctions. (Skillman Decl., ¶¶ 8, 10.) Where a party fails to timely respond to a request for admission, the propounding party may move for an order that t...

Excerpt: ...e of action for loss of consortium. The Court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading, including adding or striking out the name of any party, or correcting a mistake in the name of a party, or a mistake in any other <000c000b0014000c001100 00030047004c00560046[retion should be exercised liberally in favor of amendments, for judicial policy favors resolution ...

Excerpt: ...72.) However, when a settlement proposes the establishment of a special needs or other trust as provided in Probate Code sections 3600 to 3612, the terms of the proposed trust must be reviewed by the Probate Department. (L.A. County Sup. Ct. Rule 4.115(c).) Therefore, the Court will send the Petition to the Probate Department for review of the proposed SNT. The hearing on this Petition is continued to September 10, 2018, at 1:30 p.m. in Departmen...

Excerpt: ...rry A. Safarian, ¶ 2; <0048004900480051005600 004f0003005600480051[t meet and confer letters. (Safarian Decl., ¶¶ 3, 4.) Defendant moves to compel Plaintiff's responses to discovery and monetary sanctions. Where a party fails to timely respond to a request for admission, the propounding 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. (Code of Civ. Proc...

Excerpt: ...ff. Plaintiff failed to serve timely responses. On April 26, 2018, the Court granted Defendants' motion to compel Plaintiff's discovery responses and ordered Plaintiff to serve responses within twenty (20) days of the Court's Order. On May 2, 2018, Defendants served a Notice of Ruling on Plaintiff. Plaintiff failed to serve responses and Defendants seek terminating sanctions. Where a party fails to obey an order compelling answers to discovery, �...

Excerpt: ...position, and monetary sanctions. On April 11, 2018, Defendant served a Notice of Taking of Deposition and Request for Production of Documents on Plaintiff. (Declaration of Garth M. Drozin, ¶ 3.) In a telephone conversation on April 27, 2018, Plaintiff's former attorneys notified Defense counsel that Plaintiff would not appear for the scheduled deposition because it had been unilaterally set and Plaintiff's counsel was unavailable. (Drozin Decl....

Excerpt: ...eeking psychiatric and psychological records. (Declaration of Gagik Stepanyan, ¶ 5; Exh. C.) On April 27, 2018, Plaintiff objected to the subpoena on grounds it violated his statutory and constitutional right to privacy and withheld authorization for the release of records. (Stepanyan Decl., ¶ 6; Exh. D.) Defendant seeks to compel Plaintiff's records. <0051004400030058005300 00030057004800550050[s and conditions the court shall declare (Code of...

Excerpt: .... (Kronzer Decl_, '12.) Applicant has not applied to appear as counsel pro hac vice m the preceding two years. (Kronzer Decl_: '14.) Applicant' s application complies with the requirements of Califomia Rules of Coun Rule 9 40, including serving notice and required fees on the State Bar of California. (Declaration of Amelia A _ Steelhead, 3; Exh_ A.) The application is GRANTED. It is ordered that Corey Kronzer be admitted to appear as counsel pro ...

Excerpt: ...ary sanctions. Defendant served a Notice of Ruling on Plaintiff on the same day. Plaintiff failed to serve responses and to pay the monetary sanction and Defendant moves for terminating sanctions. (Declaration of Jennifer G. Hu, ¶¶ 10, 11.) Where a party fails to obey an order compelling answers to discovery, “the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating s...

Excerpt: ...nsortium. Laura has a documented history of chest pain, difficulty breathing, hypertension, and mitral annular calcification and mitral regurgitation. (Undisputed Material Fact “UMF” Nos. 1- 6.) On October 5, 2015, Plaintiff was evaluated by Dr. Lakhani at Simi Valley Hospital for chest pain. Dr. Lakhani noted that she did need mitral valve replacement at that time and that her acute chronic heart failure was due to mitral regurgitation. (UMF...

Excerpt: ..., Plaintiff filed a first amended complaint (“FAC”). Pursuant to CCP section 472(a): A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or a motion to strike is filed, or after a demurrer or a motion to strike is filed but before the demurrer or a motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or a motion...