Excerpt: ...ompany (“Intervenor”) seeks to intervene and to file a complaint-in-intervention. Intervenor provided liability insurance for Orantes, who is unable to be located. Should default judgment be entered against Orantes, Intervenor would be liable. Therefore, it is necessary for Intervenor to intervene to protect its interests. “If any provision of law confers an unconditional right to intervene or if the person seeking intervention claims an in...

Excerpt: ...tiff. (Declaration of Maria Chaves Hawley, ¶ 2.) Plaintiff failed to serve timely responses and made no request for an extension. (Hawley Decl., ¶¶ 3, 4.) Defendant moves for an order deeming admitted requests for admissions 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 requ...

Excerpt: ...amination on Plaintiff setting the examination for May 2, 2018. (Declaration of Kevin R. Jolly, ¶ 2.) Plaintiff did not serve an objection, but on April 20, 2018, Plaintiff's counsel informed defense counsel that Plaintiff could not appear due to a scheduling conflict. (Jolly Decl., ¶ 3.) Defense counsel stated the appointment could not be moved because the date had to be booked well in advance. (Jolly Decl., ¶ 4.) Plaintiff failed to appear o...

Excerpt: ...ntiff's counsel's rate of $300.00 per hour. Plaintiff's attorney moves for reconsideration on grounds his hourly rate is actually $650.00 per hour. When an application for an order has been made to a court and granted, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same court that made the...

Excerpt: ...Navarro”). 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 the court has set a date for trial. (Code of Civ. Proc., § 428.50, subd. (b).) A party shall obtain leave of court to file any cros...

Excerpt: ...ity, and violation of Government Code sections 815.2, subdivision (a) and 820, subdivision (a). STA filed an Answer on April 30, 2018. STA now seeks leave to file a cross-complaint. 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-compl...

Excerpt: ...gust 18, 2017, Plaintiff named George Messiha as Defendant Doe 1 by an amendment to the FAC. On April 25, 2018, Plaintiff filed a second amended complaint (“SAC”) after George Messiha demurred to the FAC and moved to strike portions of the FAC. On May 29, 2018, defendants George Messiha and CTS separately demurred to the SAC. George Messiha also filed a motion to strike. Plaintiff failed to file an opposition, however, on June 20, 2018, Plain...

Excerpt: ...neral negligence. The complaint alleges the following: (1) On February 29, 2016, Plaintiff was a passenger in a vehicle that was involved in a motor vehicle collision caused by the defendants' vehicle. (Complaint p.4 GN-1); (2) The defendants are common carriers who negligently owned, operated, maintained, entrusted and controlled their vehicle thereby causing the collision. (Id.); (3) The defendants are liable pursuant to Government Code section...

Excerpt: ...fy an unlimited civil case as a limited civil case may be granted only if the court determines that the plaintiff's claim necessarily involves less than $25,000.00—that a greater recovery “could not be obtained” or is “virtually unobtainable.” (Walker v. Superior Court (1991) 53 Cal.3d 257, 269-270.) However, a motion for reclassification must be made within the time allowed for that party to amend the initial pleading or to respond to ...

Excerpt: ... against Rodolfo Eduardo Rodriguez Guzman (“Guzman”) for indemnity and contribution. 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 the court has set a date for trial. (Code of Civ. Proc.,...

Excerpt: ...eatment rendered between November 12, 2016 and November 30, 2016. Providence Holy Cross moves for summary judgment on grounds it did not breach the applicable standard of care and no act or omission by it or its employees caused or contributed to Plaintiff's injuries. On November 12, 2016, Plaintiff presented to the emergency department of Providence Holy Cross after a fall. (Undisputed Material Fact “UMF” No. 1.) Plaintiff alleges orthopedic...

Excerpt: ...Declaration of Sheryl Lee Reeves, ¶¶ 2, 3.) On October 12, 2016, the Court granted Defendant's motions to compel Plaintiff's responses to discovery and Plaintiff was ordered to serve verified responses without objections within ten (10) days. (Reeves Decl., ¶ 4.) On November 8, 2016, Plaintiff failed to appear for trial and the Court dismissed the action. Defendant served a Notice of Ruling and Plaintiff then served unverified and untimely res...

Excerpt: ...$17,824.02 will be used to pay attorney's fees, and $480.00 will be used for non-medical expenses, leaving a balance of $30,167.98 for Claimant, to be deposited into the Daniel Lashen living trust for the benefit of the Trust. Court approval is required for all settlements of a person with disability. (Probate Code §§ 3500, 3600, et seq.; Code of Civ. Proc. § 372.) The Court has reviewed the proposed settlement and finds that it is fair and re...

Excerpt: ...rogatories, Request for Production of Documents, and Requests for Admissions on Plaintiff. (Declaration of <0003005600480055005900 00560053005200510056[es and defense counsel sent two meet and confer letters. (Deenihan Decl., ¶¶ 3-5.) Defendant moves to compel responses and to deem admitted requests for admissions. Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code of Civ...

Excerpt: ...ts”) for medical negligence. CVHP moves for an order requiring Plaintiff to file an undertaking pursuant to Code of Civil Procedure 1030. Where a plaintiff in an action resides out of the state, the defendant may, at any time, apply to the court for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action. (Code of Civ. Proc., § 1030, subd. (a).) The motion shall...

Excerpt: ...om the complaint. (Code of Civ. Proc., §§ 435, 436.) However, Defendant failed to meet and confer in compliance with 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 raised in th...

Excerpt: ...rney's fees, and $12,279.80 will be used to pay non-medical expenses, leaving a balance of $92,595.20 for Claimant, to be placed in a special needs trust (“SNT”) under Probate Code sections 3602(d) and 3604. Court approval is required for all settlements of claims by a person with a disability. (Probate Code §§ 3500, 3600, et seq.; Code of Civ. Proc. § 372.) When a settlement proposes the establishment of a special needs or other trust as ...

Excerpt: ...missed from the action. On February 26, 2018, the Court granted Defendant's motion to compel McClinton's deposition and McClinton was ordered to appear for her deposition within twenty (20) days. On March 7, 2018, Defendant Noticed McClinton's deposition for March 19, 2018. (Declaration of Keith L. Allen, ¶ 14; Exh. A.) Plaintiff failed to appear and a certificate of non-appearance was taken. (Allen Decl., ¶ 17.) As a result, Defendant has been...

Excerpt: ...claration of Richard A. Muench, ¶ 3; Exh. A.) At Plaintiff's request, defense counsel continued the deposition to April 7, 2017. (Muench Decl., ¶ 4; Exh. B.) However, Plaintiff's counsel had a conflict and the deposition was continued to June 8, 2017. (Muench Decl., ¶¶ 5, 6; Exhs. C, D.) At Plaintiff's request, the deposition was continued to September 18, 2017 and then again to December 6, 2017. (Muench Decl., ¶¶ 7, 8.) Plaintiff's counsel...

Excerpt: ...tomobile collision. On January 9, 2018, Plaintiff served Special Interrogatories and Requests for Production of Documents on Defendants. (Declaration of Brenda J. Pannell, ¶ 2; Exh. A.) On February 13, 2018, the day responses were due, defense counsel left a voicemail message for Plaintiff's counsel, seeking a two-week extension on responses. (Declaration of Timothy B. Fitzhugh, ¶ <004f0003004a0055004400 005100480010005a0048[ek extension on res...

Excerpt: ...ng, and insurance records seeking the entirety of records. Plaintiff moves to quash the subpoenas on: (1) Marina Del Rey Hospital, (2) Marina Del Rey Hospital (Business Office), and (3) Marina Del Rey Hospital (Radiology Department), as being impermissibly unlimited and overbroad. A deposition subpoena may request (1) only the attendance and testimony of a deponent, (2) only the production of business records for copying, or (3) the attendance an...

Excerpt: ...azar Disposal and Does 1-20 alleging causes of action for (1) negligence, (2) negligence per se and (3) loss of consortium. On February 13, 2018, Portillo alone, as an individual and as successor in interest of Calderon, filed a first amended complaint (“FAC”) <0003000b0015000c000300 00460048000300530048[r se, (3) loss of consortium and (4) wrongful death. The FAC in relevant part alleges the following: (1) the defendants owned, maintained, m...

Excerpt: ...ermission and dropped. Trial in this matter is currently set for May 16, 2019. Plaintiffs move for preferential trial setting based on Plaintiff's age and health condition. 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...

Excerpt: ...053004400550057[y witness Gagik Movesesyan (“Movesesyan”), an ex-employee of LA ORT College. (Declaration of Dmitriy <0049004800560056004c00 0059004c004600480003[company, Hooked Investigations, personally served Movsesyan (Aristov Decl., ¶ 6; Exh. B), who then failed to appear for his scheduled deposition on March 13, 2018 (Aristov Decl., ¶ 7). Counsel for LA ORT College spoke with Movsesyan immediately prior to the date of the deposition a...

Excerpt: ...vil case may be granted only if the court determines that the plaintiff's claim necessarily involves less than $25,000.00—that a greater recovery “could not be obtained” or is “virtually unobtainable.” (Walker v. Superior Court (1991) 53 Cal.3d 257, 269-270.) However, a motion for reclassification must be made within the time allowed for that party to amend the initial pleading or to respond to the initial pleading. (Code of Civ. Proc.,...

Excerpt: ...e Court dismissed the action without prejudice. (Declaration of Sandeep G. Agarwal, ¶ 2.) Plaintiff moves to set aside dismissal on grounds of attorney mistake, inadvertence, or excusable neglect. Counsel states he inadvertently looked at the wrong date on his calendar, did not realize the matter was on calendar, and realized his mistake around 10:00 a.m. the morning of the hearing. Counsel states the mistake was entirely his own. (Agarwal Decl....

Excerpt: ...rved Set One of written discovery requests on Defendant, who provided multiple unverified responses, and then verified responses on March 23, 2018. (Declaration of Kamelia Jalilvand, ¶¶ 2-8.) The parties met and conferred and an Informal Discovery Conference (“IDC”) was set for March 29, 2018. However, the IDC was rescheduled to accommodate Defendant's request for an extension to respond to Plaintiff's meet and confer letter. (Jalilvand Dec...

Excerpt: ... 2018. (Declaration of Larry P. Bilbrew, ¶ 3; Exh. A.) Plaintiff's deposition was rescheduled four times to accommodate Plaintiff's and Plaintiff's counsel's schedule, and Plaintiff's need for an interpreter. (Bilbrew Decl., ¶ 4.) On the final continued deposition date of April 18, 2018, neither Plaintiff nor his attorney appeared and a certificate of non-appearance was taken. (Bilbrew Decl., ¶ 5.) Defense counsel sent a meet and confer letter...

Excerpt: ... v. Prince (1968) 268 Cal.App.2d 398, 406.) The Court notes that trial is currently set for December 10, 2018, and no prejudice will result to Plaintiff in granting this Motion. The Motion complies with California Rules of Court, Rule 3.1362 and notice of this Motion was properly served on Plaintiff and Defendant. These unopposed Motions are GRANTED and are effective only after counsel files a proof of service showing service of this Order on Pla...

Excerpt: ...Property”). (Undisputed Material Fact “UMF” No. 1.) On May 26, 2014, Plaintiff tripped and fell on a raised sidewalk directly adjacent to the Property. (UMF No. 2.) Defendant moves for summary judgment on grounds he did not own, possess, or control the land where Plaintiff tripped and fell and therefore, owed no duty to repair the alleged defective condition. II. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply ...

Excerpt: ...nt. On November 16, 2017, Plaintiff served written discovery, including requests for production of documents on Hoomer. (Declaration of Leo Herrera, ¶ 2.) On January 19, 2018, Hoomer served responses. (Herrera Decl., ¶ 3.) On February 16, 2018, Plaintiff's counsel sent a meet and confer letter to Hoomer's counsel regarding deficient responses. (Herrera Decl., ¶ 4.) Hoomer served further responses on March 8, 2018. (Herrera Decl., ¶ 5.) Plaint...

Excerpt: ...nd loss of consortium relating to an injury sustained by Alfred while working on Defendants' premises. <002b004800550051004400 00480055005100440051[dez”) to install two cooling units for the dry cleaning business on the roof of the Four Seasons's facility. (Declaration of Nancy Carter, ¶ 3.) When the cooling units arrived, Plaintiff helped Hernandez to install the cooling units, but fell off the roof of Defendants' facility, sustaining injurie...

Excerpt: ...al liability insurance carrier for Supperclub Los Angeles, LLC, which is currently a suspended corporation. As a suspended corporation, it may not appear to defend the action. (Declaration of Talmus L. Williams, ¶ 2.) Accordingly, Intervenor seeks to intervene and to defend its insured. “If any provision of law confers an unconditional right to intervene or if the person seeking intervention claims an interest relating to the property or trans...

Excerpt: ...-complaint against AlliedBarton Security Services, LLC (“AlliedBarton”) and requests a trial continuance. Leave to File a Cross-Complaint 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 the...

Excerpt: ... Interrogatories, and Demand for Production of Documents. (Declaration of Adrienne R. Hahn, ¶ 2.) Defendant granted extensions on responses to April 5, 2018. (Hahn Decl., ¶¶ 4, 5.) Plaintiff requested a third extension, which was not granted. (Hahn Decl., ¶ 6.) Defendant moves to compel Plaintiff's discovery responses and monetary sanctions. Where a party fails to serve timely responses to discovery requests, the court may make an order compe...

Excerpt: ... punitive damages. 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 discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part ...

Excerpt: ...ff filed a motion for leave to amend the complaint, seeking to add Nancy Guzman (“Guzman”) as a defendant. The hearing on Plaintiff's motion was set for August 7, 2017 and the Court's tentative ruling was that Plaintiff could amend her complaint as of right (Code of Civ. Proc., § 472). (Declaration of Grace Lea Chang, ¶ 7.) Plaintiff's counsel submitted on the court's tentative and on August 4, 2017, filed a First Amended Complaint (“FAC�...

Excerpt: ...l_, 1.) However, she is in the process of applying to be admitted to the Califomia State Bar. (Ezell Decl_, 2.) Applicant is a member in good standing of several courts and has newer been disbarred. (Ezell Decl_, 4, 5.) In the past two years: she has been granted pro hac vice admission in California in five cases. (Ezell Decl_, 6.) Applicant' s application complies with the requirements of Califomia Rules of Coun Rule 9 40, including serving noti...

Excerpt: ...ine Osmanyan (“Osmanyan”), a necessary non-party witness. (Declaration of Dmitriy Aristov, ¶ 3.) Osmanyan has not served any objections to the subpoena, has not contacted Plaintiff's counsel, did not request a continuance of the deposition, and twice failed to appear for the noticed deposition. (Aristov Decl., ¶ 11.) Plaintiff seeks to compel Osmanyan's compliance with the deposition subpoena and monetary sanctions. A party seeking discover...

Excerpt: ...owing: (1) Mariposa is a restaurant and bar. (Complaint ¶ 10); (2) On October 13, 2017, as Plaintiff was leaving Mariposa, another patron, who had been thrown out of Mariposa, stabbed Plaintiff in the back. (Complaint ¶¶ 24- 26); (3) Plaintiff has been a frequent patron of Mariposa for a number of years. (Id. ¶ 9); (4) Plaintiff has personally observed a security guard posted at the bar door for a number of years. (Id. ¶ 13); (5) The bar has...

Excerpt: ...general negligence against Claire Chin and Carl McJimson. The premises liability cause of action is based on the allegation that Dream City and Sinclair negligently owned, maintained, managed and operated their premises thereby causing Plaintiff injury. (Complaint p. 4 Prem.L-1-2.) The general negligence cause of action is based on the allegation that Claire Chin and Carl McJimson negligently owned and operated a vehicle thereby injuring Plaintif...

Excerpt: ...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 at a location within 75 miles of the residence of the examinee. (Code of Civ. Proc., § 2032.220, subd. (a).) A defendant may make a demand for physical examination ...

Excerpt: ...r was set for trial on April 17, 2018. Plaintiff failed to appear on the trial date and the court dismissed the action without prejudice. Plaintiff moves to set aside dismissal based on counsel's mistake, inadvertence, or excusable neglect. “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, i...

Excerpt: ...quests for Admissions, Set One on Defendant. (Declaration of Kevin S. Conlogue, ¶ 4.) Defendant failed to serve timely responses and Plaintiffs seek an order deeming admitted requests for admissions and monetary sanctions. (Conlogue Decl., ¶ 5.) 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...

Excerpt: ...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 at a location within 75 miles of the residence of the examinee. (Code of Civ. Proc., § 2032.220, subd. (a).) A defendant may make a demand for physical examination ...

Excerpt: ...in Huntington Park and fell. (Undisputed Material Fact “UMF” No. 3.) Plaintiff alleges the uneven flooring created a dangerous condition. (UMF No. 4.) The difference in elevation was an eighth of an inch. (UMF No. 6.) Defendant moves for summary judgment on grounds the alleged defect was trivial as a matter of law. II. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply a three-step analysis: “(1) identify the issu...

Excerpt: ...served special interrogatories, form interrogatories, and request for production of documents on Plaintiff. (Declaration of Terry L. Gimenez, ¶ 3.) Plaintiff failed to serve timely responses. (Gimenez Decl., ¶ 6.) Defendant moves to compel Plaintiff's responses to discovery 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: ...et 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 Pacific Systems Interiors, Inc. (“PSI”) moves to continue trial to a date after the hearing...

Excerpt: ...quests for Admissions, Set One on Defendant. (Declaration of Kevin S. Conlogue, ¶ 4.) Defendant failed to serve timely responses and Plaintiffs seek an order deeming admitted requests for admissions and monetary sanctions. (Conlogue Decl., ¶ 5.) 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...

Excerpt: ...sed the case without prejudice. Plaintiff moves to set aside dismissal based on attorney mistake, inadvertence, surprise, or excusable neglect. “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).) Applicat...

Excerpt: ...nd seeks punitive damages. Defendants move to strike the prayer for punitive damages. The hearing on this Motion was continued so that Defendant could file a supplemental declaration in compliance with the meet and confer requirements of Section 435.5. Defense counsel's supplemental declaration indicates he was unable to meet and confer prior to the continued hearing because Plaintiffs' telephone number was out-of-service. Plaintiffs, in pro per,...

Excerpt: ...ks to recover hospital and medical expenses and workers' compensation benefits paid for temporary disability, permanent disability, vocational rehabilitation maintenance allowance and/or vocational rehabilitation benefits. (Complaint, ¶ 11.) Defendants move to reclassify this action to limited jurisdiction on grounds any judgment obtained by Plaintiff will not exceed the jurisdictional minimum of $25,000.00. A motion to reclassify an unlimited c...

Excerpt: ...p agreement with Defendant, which contained a release and waiver of liability and indemnity clause. (Undisputed Material Fact <0057004c00490049000300 00440051004700030049[ell in the lobby area of Defendant's fitness club. (UMF No. 21.) After she slipped, Plaintiff saw water drops on the floor. (UMF No. 24.) At her deposition, Plaintiff described the water as drops that may have dripped off someone's hair or bag after using the pool or shower. (UM...

Excerpt: ...¶¶ 2, 3.) On October 12, 2016, the Court granted Defendant's motions to compel Plaintiff's responses to discovery and Plaintiff was ordered to serve verified responses without objections within ten (10) days. (Reeves Decl., ¶ 4.) On November 8, 2016, Plaintiff failed to appear for trial and the Court dismissed the action. Defendant served a Notice of Ruling and Plaintiff then served unverified and untimely responses to discovery. (Reeves Decl....

Excerpt: ...rogatories, Requests for Production, and Requests for Admissions, on each Defendant. (Declaration of K. Tom Kohan, ¶ 2.) Defendants failed to serve any responses and have not requested any extensions. (Kohan Decl., ¶ 3.) Plaintiff's counsel faxed a meet and confer letter to defense counsel, but received no <0003005600480048004e00 00480055000300460052[mpelling responses, deeming admitted requests for admission, and imposing monetary sanctions. W...

Excerpt: ...ceive notice of this action in time to defend against it. Where service of a summons has not resulted in actual notice to a party in time to defend the action, and a default or default judgment has been entered against him or her in the action, the party may move to set aside default or default judgment. (Code of Civ. Proc., § 473.5, subd. (a).) “The notice of motion shall be served and filed within a reasonable time, but in no event exceeding...

Excerpt: ...he action without 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 exce...

Excerpt: ...ing no appearance by Plaintiff's counsel, the Court dismissed the action without prejudice. Plaintiff moves to set aside dismissal based on counsel's mistake, inadvertence, and excusable neglect. “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.�...

Excerpt: ...o pay attorney's fees and $2,407.50 will be used to pay non-medical expenses, leaving a balance of $57,592.50 for each Claimant, to be deposited into blocked accounts subject to withdraw only upon authorization of the court. Court approval is required for all settlements of a minor's claim. (Probate Code §§ 3500, 3600, et seq.; Code of Civ. Proc. § 372.) The Court has reviewed the proposed settlement and finds that it is fair and reasonable. C...

Excerpt: ...on and Supplemental Interrogatories on Plaintiff. (Declaration of Lina S. Davidian, ¶ 3; Exh. A.) Plaintiff served no responses. (Davidian Decl., ¶ 4.) Defendant moves to compel responses and monetary sanctions. A party may propound a supplemental interrogatory or supplemental demand for production of documents to elicit any later acquired information bearing on all answers previously made by any party. (Code of Civ. Proc., §§ 2030.070, subd....

Excerpt: ...monetary sanctions. 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 at a location within 75 miles of the residence of the examinee. (Code of Civ. Proc., § 2032.220, subd. (a).) A defendant may make...

Excerpt: ...vani, M.D. (“Dr. Amiri-Davani”), and Charita Eleby, R.N (“Eleby”) (collectively, “Defendants”), for medical negligence and loss of consortium. Plaintiff alleges Defendants failed to recognize the signs and symptoms of a clot/contusion in Plaintiff's arm and hand and that she was in extreme pain while she waited for Defendants to determine and administer proper treatment. Defendants West Hills and Eleby move for summary judgment on gro...

Excerpt: ...ility for wrongful acts or omissions by public entity employees and/or retention of unfit employees pursuant to Government Code section 815.2. On January 20, 2017, Plaintiff dismissed the County of Los Angeles from the action. On January 27, 2017, Plaintiff filed a first amended complaint (“FAC”). The FAC alleges that on February 17, 2016, City of Los Angeles, County of Los Angeles, City of Los Angeles Department of Airports and Does 1 to 100...

Excerpt: ...e School (“Palms”), Derek Moriuchi (“Moriuchi”), John Mullaney (“Mullaney”), Amanda Millet (“Millet”), Julio Mendoza (“Mendoza”), Christopher Smith (“Smith”) and Does 1 to 20. Plaintiffs eventually filed a first amended complaint. On March 12, 2018, the Court partially sustained and overruled the demurrer to the first amended complaint by LAUSD, Palms, Moriuchi, Mullaney, Millet and Mendoza (collectively “Moving Defendan...

Excerpt: ...rol of the Premises (against Target and Does 1-10) and (4) Dangerous Condition of Public Property Per Government Code sections 830 and 835 (against City and Does 11-20). The complaint in relevant part alleges the following: (1) Target owned, controlled, maintained and operated premises as well as the exits and directional signs on the premises located at 8999 Balboa Boulevard, Northridge, California (“Subject Premises”). (Complaint ¶ 9); (2)...

Excerpt: ... medical, billing, and insurance records seeking the entirety of records. Plaintiff moves to quash the subpoenas on: (1) Marina Del Rey Hospital, (2) Marina Del Rey Hospital (Business Office), and (3) Marina Del Rey Hospital (Radiology Department), as being impermissibly unlimited and overbroad. A deposition subpoena may request (1) only the attendance and testimony of a deponent, (2) only the production of business records for copying, or (3) th...

Excerpt: ...1, Steven Christopher Mazique (“Mazique”) as Doe 1, and Josue Lopez (“Lopez”) as Doe 2. On February 26, 2018, Plaintiff filed a Second Amended Complaint (“SAC”) omitting Live Nation, Mazique, and Lopez. Defendant moves to strike references to Live Nation, Mazique, and Lopez as defendants, and moves to strike the prayer for punitive damages and related allegations. Defendant contends any references to Live Nation, Mazique, and Lopez as...

Excerpt: ...ahsa Farid, ¶ 2.) Plaintiff granted an extension on Defendant's responses to February 28, 2018. (Farid Decl., ¶ 4.) As of April 17, 2018, Plaintiff's counsel stated no responses had been received. (Farid Decl., ¶ 7.) Plaintiff moves to compel Defendant'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., §§ 2030.290, 203...

Excerpt: ...l was entered. Plaintiffs move to set aside dismissal based on attorney mistake, inadvertence, surprise, or excusable neglect. “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 reli...

Excerpt: ... Material Fact “UMF” No. 1.) Defendant moves for summary judgment on grounds it exercised reasonable care in inspecting and sweeping the store and Plaintiff cannot show it breached its duty of care. II. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply a three-step analysis: “(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated the opponent's claims; and (3) determin...

Excerpt: ... to conduct Plaintiff's physical examination more than 75 miles from Plaintiff's residence. 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 at a location within 75 miles of the residence of the exam...

Excerpt: ...nt ¶¶ 9-10.) On June 15, 2017, Pico filed a cross complaint against Salem, CCC and Amalgamated Real Estate Services (“Ares”) alleging causes of action for (1) express indemnity, (2) equitable indemnity, (3) declaratory relief and (4) indemnity. The cross complaint alleges the following: 1) Pico entered into a written contract with Ares, Salem and CCC to operate a retail business on the premises where Plaintiff was injured. (Cross Complaint ...

Excerpt: ...on and Supplemental Interrogatories on Plaintiff. (Declaration of Lina S. Davidian, ¶ 3; Exh. A.) Plaintiff served no responses. (Davidian Decl., ¶ 4.) Defendant moves to compel responses and monetary sanctions. A party may propound a supplemental interrogatory or supplemental demand for production of documents to elicit any later acquired information bearing on all answers previously made by any party. (Code of Civ. Proc., §§ 2030.070, subd....

Excerpt: ...ngerous instrumentality, (2) negligence, (3) negligent supervision, (4) negligent training, (5) negligent failure to warn of dangerous condition and (6) respondeat superior. The complaint alleges that Plaintiff was required to participate in a physical education class at school and that she was injured when Sam Doe, a fellow student purposefully threw a hard cricket ball at Plaintiff as they were learning how to play cricket. (Complaint ¶ 19.) T...

Excerpt: ... fall approximately 40 feet off a ladder. On September 14, 2016, Plaintiff filed a Second Amended Complaint (“SAC”) for strict liability, negligence, and premises liability. Defendants move for summary adjudication as to each cause of action on grounds they owed no duty to Plaintiff under the Privette doctrine and based on the fact that Plaintiff was a trespasser at the time of the incident. II. FACTUAL BACKGROUND In June 2015, Uyeshiro lived...

Excerpt: .... (“Defendant”) served Form Interrogatories and Request for Production of Documents on each Plaintiff. (Declaration of Jacqueline L. Shulman, ¶ 3; Exh. A.) After receiving no responses, defense counsel sent a meet and confer letter to Plaintiffs' counsel on March 14, 2018. (Shulman Decl., ¶ 5.) However, to date, no responses have been served. Defendant moves to compel Plaintiffs' responses to discovery requests and monetary sanctions. Where...

Excerpt: ...ngerous instrumentality, (2) negligence, (3) negligent supervision, (4) negligent training, (5) negligent failure to warn of dangerous condition and (6) respondeat superior. The complaint alleges that Plaintiff was required to participate in a physical education class at school and that she was injured when Sam Doe, a fellow student purposefully threw a hard cricket ball at Plaintiff as they were learning how to play cricket. (Complaint ¶ 19.) T...

Excerpt: ...ical negligence and seeks punitive damages. Defendants move to strike the prayer for punitive damages. However, Defendants failed to meet and confer in compliance with 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 reache...

Excerpt: ...yl Lee Reeves, ¶¶ 2, 3.) On October 12, 2016, the Court granted Defendant's motions to compel Plaintiff's responses to discovery and Plaintiff was ordered to serve verified responses without objections within ten (10) days. (Reeves Decl., ¶ 4.) On November 8, 2016, Plaintiff failed to appear for trial and the Court dismissed the action. Defendant served a Notice of Ruling and Plaintiff then served unverified and untimely responses to discovery...

Excerpt: ...d loss of consortium relating to an injury sustained by Alfred while working on Defendants' premises. <002b004800550051004400 00480055005100440051[dez”) to install two cooling units for the dry cleaning business on the roof of the Four Seasons's facility. (Declaration of Nancy Carter, ¶ 3.) When the cooling units arrived, Plaintiff helped Hernandez to install the cooling units, but fell off the roof of Defendants' facility, sustaining injuries...

Excerpt: ...tability, relating to March 10, 2015 surgical procedures performed on Plaintiff by Defendants. Defendant Bill Tang (“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 was perf...

Excerpt: .... Geoffrey was operating a vehicle owned by Paul and Josephine. On January 17, 2018, Paul filed an Answer. Geoffrey and Josephine (collectively, “Defendants”) move to quash service of process on them. <0052004900030056004800 00550003002a00480052[ffrey and Josephine, showing substitute service on February 21, 2018. The affidavit of reasonable diligence by the registered process server, Jonathan A. Perdomo (“Perdomo”), shows five attempts a...

Excerpt: ..., 2017, Plaintiff filed a first amended complaint (“FAC”) in which Plaintiff adds a cause of action for gross negligence. The complaint alleges that on May 21, 2016, Plaintiff was injured when an unsecured weight ball tower struck Plaintiff in the head while Plaintiff was on the defendants' premises. (Complaint p. 4 GN-1 and p. 5 Prem.L-1.) The complaint alleges that the defendants negligently, carelessly and recklessly owned, entrusted, mana...

Excerpt: ...a neuropsychologist. 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 at a location within 75 miles of the residence of the examinee. (Code <000300440051005c000300 0048004e005600030057[o obtain disco...

Excerpt: ... is such that she may be severely prejudiced if preference is not granted. 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., ...

Excerpt: ...ies, 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 at a location within 75 miles of the residence of the examinee. (Code <000300440051005c000300 0048004e005600030057[o obtain discovery by a physical examination other than that described in Section 2032.220, or by a mental...

Excerpt: ...uted Material Fact “UMF” No. 2.) As he was working, Vargas saw a customer drop some mushrooms on the floor. (UMF No. 3.) The fallen mushrooms were one to two feet away from the table where Vargas was working. About two to three seconds after observing them fall, Vargas walked around the table to clean them up the mushrooms. (UMF No. 4.) However, before Vargas could clean the mushrooms up, Plaintiff slipped and fell on them. Defendant moves fo...

Excerpt: ... Material Fact “UMF” No. 1.) Defendant moves for summary judgment on grounds it exercised reasonable care in inspecting and sweeping the store and Plaintiff cannot show it breached its duty of care. II. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply a three-step analysis: “(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated the opponent's claims; and (3) determin...

Excerpt: ...les County Board of Supervisor's Claim to the Los Angeles County Jail on April 5, 2017. Plaintiff states they never mailed it back to him, so he assumed it was filed. On June 15, 2017, Plaintiff filed his Complaint in this action, but Defendant County of Los Angeles demurred to the Complaint on grounds no government claim was filed. The Court sustained the demurrer, finding Plaintiff had not complied with the claim presentation requirement and ha...

Excerpt: ...Nation”) as Doe 21, Steven Christopher Mazique (“Mazique”) as Doe 1, and Josue Lopez (“Lopez”) as Doe 2. On February 26, 2018, Plaintiff filed a Second Amended Complaint (“SAC”) omitting Live Nation, Mazique, and Lopez. Defendant moves to strike references to Live Nation, Mazique, and Lopez as defendants, and moves to strike the prayer for punitive damages and related allegations. Defendant contends any references to Live Nation, Ma...

Excerpt: ...‐related dates. Trial in this action is set for July 19, 2018. 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...

Excerpt: ...quests for Production of Documents on Plaintiffs. (Declaration of Matthew J. Deenihan, ¶ 3.) On January 11, 2018, at Plaintiffs' counsel's request, Defendant granted a two-week extension on responses. (Deenihan Decl., ¶ 4.) On February 28, 2018, Plaintiffs' counsel advised that they had lost contact with Plaintiffs. (Deenihan Decl., ¶ 8.) To date, Plaintiffs have not served responses to discovery. Defendant seeks to compel Plaintiffs' response...

Excerpt: ...rking in the course and scope of his employment for CLS Transportation Los Angeles, LLC, who was insured for workers' compensation by Applied Risk Services, Inc. for California Insurance Company (“Intervenor”). Intervenor seeks to file a complaint-in-intervention to recover workers' compensation benefits paid to Plaintiff. When timely application is made, the court shall permit a nonparty to intervene in the action or proceeding if a provisio...

Excerpt: ...ive damages. On March 19, 2018, Defendants filed this Motion to strike punitive damages. On April 4, 2018, Plaintiff filed a Second Amended Complaint (“SAC”), also omitting the prayer for punitive damages. 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).) “A party may amend...

Excerpt: ...aintiff alleges that he rented a room at La Brea Hotel, which Defendant knew to be infested with bed bugs. Plaintiff alleges that even after complaints by him and other tenants regarding the bed bugs, Defendant did not take appropriate remedial action. Default judgment was entered on March 6, 2018. Rajubhai Patel dba La Brea Hotel seeks to vacate the default judgment on grounds the court did not have jurisdiction to enter the judgment. II. PROCED...

Excerpt: ... as Doe 11. Khayat moves to quash service of summons on grounds the action against her is barred by the statute of limitations and Plaintiff may not properly invoke the relation-back provisions of CCP Section 474 because he was not truly ignorant of her identity at the time of filing. In the alternative, Khayat demurs to the Complaint. “When the plaintiff is ignorant of the name of a defendant, he must state that fact in the complaint . . . and...

Excerpt: ...ion form. Notice of this Motion was served on Plaintiff by mail on March 22, 2018. However, there is no proof of service showing Notice of this Motion and Motion were served on Defendant. There is a proof of service showing service on Plaintiff, but “the notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case. The notice may be made by personal serv...

Excerpt: ...sel seeks to augment the expert designations. Code of Civil Procedure section 2034.610 grants the court discretion to grant leave to augment an expert witness designation on motion of any party who has engaged in a timely exchange of expert witness information. The court shall grant leave to augment or amend an expert witness list only if all of the following conditions are satisfied: (a) The court has taken into account the extent to which the o...

Excerpt: ...ospital at Culver City (“SCHCC”) for wrongful death and medical negligence. SCHCC moves for summary judgment, or in the alternative, summary adjudication. On August 7, 2015, Juan Ramirez (“Decedent”) presented to SCHCC complaining of lower abdominal pain and was diagnosed with diverticulitis. On August 15, 2015, Decedent was seen by Dr. Mehrizi, a non-board certified doctor, who performed an exploratory laparotomy. Plaintiffs contend Dr. ...

Excerpt: ...d on the allegations of Plaintiff's complaint and the discovery conducted thus far. Prior to the hearing on the Defendant's Motion for summary judgment, Plaintiff filed a Motion for leave to amend the Complaint, changing the cause of her fall from negligently left liquid substance to negligently placed shopping cart. The Court continued the hearing on this Motion pending the hearing on Defendant's Motion for leave to amend. On April 11, 2018, the...