Excerpt: ...al, Southern California Permanente Medical Group – Billing, and Southern California Permanente Medical Group – X- rays. (Declaration of Michael C. Brady, ¶ 4.) Plaintiff objected to the subpoenas as being overbroad and violative of Plaintiff's right to privacy. (Declaration of Megan R. Lazar, ¶ 7; Brady Decl., ¶ 5.) The parties met and conferred, but did not reach resolution. (Lazar Decl., ¶¶ 7, 8; Brady Decl., ¶¶ 6, 7.) A deposition s...

Excerpt: ... a February 16, 2017 automobile accident. Plaintiff seeks punitive damages. Defendants move to strike the prayer for punitive damages and related 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 motion or at any time in its discretion and upon ...

Excerpt: ...eeking 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.) <005200510057004c005100 00030048005b00030053[arte application, which wa...

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 compel...

Excerpt: ...ions that David negligently entrusted his vehicle to his son, Shan, which precludes limitation on David's liability otherwise afforded under Vehicle Code section 17151, subdivision (a). Defendants move to strike portions of Plaintiff's complaint as being irrelevant, false, and improper. (Code of Civ. Proc., §§ 435, 436.) 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 ...

Excerpt: ... Plaintiff's medical bills and a photograph of Plaintiff's vehicle involved in the collision. (Declaration of Neal R. Rosenthal, ¶ 3.) On February 6, 2018, Defendant served responses which Plaintiff contends are evasive and tantamount to improper objections. (Rosenthal Decl., ¶ 4.) The parties met and conferred, but defense counsel advised Defendant would not serve further responses. (Rosenthal Decl., ¶ 7.) On May 15, 2018, the parties were se...

Excerpt: ...y and vicarious liability for the wrongful acts of public employees. On January 29, 2018, Plaintiff was deposed and answered preliminary questions. However, the Castanedas' counsel brought photographs, apparently taken from Google maps, which she intended to show to and question Plaintiff. These photographs were not previously provided to Plaintiff, and Plaintiff's counsel requested a break so that she could review them with Plaintiff, before ans...

Excerpt: ...eposition of Plaintiff's daughter, Plaintiff's counsel indicated Plaintiff was waiving her loss of earnings claims. No mention was made regarding her lost earning capacity claim. (Orozco Decl., ¶ 5.) Defendant issued a subpoena on Long Beach Crew Center for Plaintiff's employment records. (Orozco Decl., ¶ 7.) Defendant seeks to compel compliance with the deposition subpoena and monetary sanctions. A party seeking discovery from a person who is ...

Excerpt: ...indemnification, and declaratory relief. City moves for summary judgment. <00560003005a0044004f00 00240057004f00440051[tic Avenue in the City of Long Beach, when she tripped and fell on uneven pavement. (Undisputed Material Fact “UMF” Nos. 3, 4.) City had a call for service system whereby calls for maintenance could be made by citizens or city employees. (UMF No. 5.) No record of a call for maintenance to the area where Plaintiff tripped was ...

Excerpt: ...yer”). State Compensation Insurance Fund (“Intervenor”) provided workers' compensation insurance for Employer and after the accident, paid $45,437.14 in indemnity and $113,255.78 in medical benefits. On April 20, 2018, Intervenor filed a Notice of First Lien. On April 25, 2018, Plaintiff filed a Notice of Settlement of Entire Case. Plaintiff's counsel and counsel for Intervenor discussed settlement of Intervenor's Lien. However, Intervenor ...

Excerpt: ...ated in the complaint is not the proper court.” (Code of Civ. Proc., §§ 396b, 397(a).) “Venue is determined based on the complaint on file at the time the motion to change venue is made.” (Brown v. Superior Court (1984) 37 Cal.3d 477, 482.) In an action involving personal injuries, a venue is proper where a defendant resides or where the injuries occurred. (Code of Civ. Proc., § 395(a).) A defendant is entitled to have an action removed ...

Excerpt: ...sneros (“Cisneros”) for negligent hiring, supervision, and retention and breach of mandatory duty (Gov. Code, § 815.6). Kikuchi was Plaintiff's basketball coach at School. Plaintiff alleges that starting in Fall 2014, Kikuchi committed multiple acts of sexual assault and abuse against Plaintiff. District moves for summary judgment, or in the alternative, summary adjudication on grounds it had no notice of Kikuchi's propensity to engage in se...

Excerpt: ...tional distress. Slauson moves for summary judgment on grounds there are no triable issues of fact based on Plaintiff's deemed admissions. Plaintiff alleges that on September 19, 2014, he was on Defendant's premises when he was attacked, assaulted, and battered by Defendant's employee, Christian Martinez. (Undisputed Material Fact “UMF” Nos. 2, 3, and 4.) Plaintiff alleges the actions of Christian Martinez were done maliciously, wantonly and ...

Excerpt: ...ce of drugs or alcohol, caused his car to collide with hers, and then fled the scene of the accident. (Complaint, ¶ 11.) Defendant moves to strike Plaintiff's prayer for punitive damages and related 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, up...

Excerpt: ...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. C.) Plaintiff failed to appea...

Excerpt: ...d Moving and Storage, Inc. (Case No. BC651206). On February 28, 2018, the Court deemed the matters related, with Case No. BC635512 designated as lead case. Defendant now moves to consolidate the two cases. “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such ord...

Excerpt: ...uments on Plaintiff. (Declaration of Jared W. Slater, ¶¶ 3-5.) Despite defense counsel sending a meet and confer letter, Plaintiff has served no responses. (Slater Decl., ¶¶ 6, 7.) Defendant moves to compel Plaintiff's responses. 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; Healthcare Consulting, Inc. v. Pacific Healthcare C...

Excerpt: ...nce and (4) governmental tort liability. The first, second and third causes of action are alleged against Mr. and Ms. Schwartz while the fourth cause of action is alleged against the City. The City filed an answer on February 22, 2018. The complaint in relevant part alleges the following: (1) On the evening of December 24, 2015, Plaintiffs were involved in a head-on motor vehicle collision with each other. (Complaint ¶ 11); (2) The scene of the ...

Excerpt: ...with Plaintiff, a pedestrian, and causing serious injuries. On December 20, 2016, Plaintiff served written discovery requests. (Declaration of Alon M. Aliav, ¶ 3.) On January 25, 2017, the Court granted Plaintiff's motions to compel responses and award monetary sanctions against Defendant. On January 2, 2018, the Court heard Plaintiff's motion for terminating sanctions based on Defendant's failure to comply with the January 25, 2017 order. The C...

Excerpt: ...Medical Examination (“IME”) for April 6, 2018. (Declaration of Alexandra Rambis, ¶ 2.) On February 21, 2018, an amended notice was served. (Rambis Decl., ¶ 5.) Plaintiff did not appear for her April 6, 2018 examination and Defendant incurred a $1,850.00 cancellation fee. (Rambis Decl., ¶ 8.) Defendant seeks to compel Plaintiff's IME on June 6, 2018 at 10:00 a.m. to be completed by Michael F. Brones, M.D. In any case in which a plaintiff is...

Excerpt: ...Providence moves for summary judgment on grounds it complied with the standard of care in its care and treatment rendered to Plaintiff and no act or omission by it either caused or contributed to any injury suffered by Plaintiff. <0051005700480047000300 004c005100480003005a[ith a history of thyroid disease and brain tumor resection and complaints of nasal congestion on both sides and hoarseness. Plaintiff confirmed that he wanted to proceed with ...

Excerpt: ...uck with a forklift. On February 14, 2018, Defendant served supplemental interrogatories and supplemental demand for production. (Declaration of Edward R. O'Connor, ¶ 2.) No extensions were requested and no responses were received. (O'Connor Decl., ¶ 3.) Defense counsel sent a meet and confer letter to Plaintiff's counsel, but no response was received. (O'Connor Decl., ¶¶ 4, 5.) Defendant seeks to compel Plaintiff's responses and monetary san...

Excerpt: ...ant moves to strike the prayer for punitive damages and related 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 motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter in...

Excerpt: ...premises liability and general negligence arising out of a May 28, 2015 trip and fall that occurred on Defendants' property. On March 8, 2018, Defendants issued seventeen deposition subpoenas for Plaintiff's employment records, medical records, billing, and insurance records. The subpoenas seek Plaintiff's records without limitation. (Declaration of Megan R. Lazar, ¶ 5.) Plaintiff's counsel attempted to meet and confer with Defense counsel, but ...

Excerpt: ...t and Tent Rentals) (“Defendant”) for negligence and premises liability. On January 17, 2018, Defendant served a Notice of Physical Examination on Plaintiff, to be conducted on March 9, 2018 with Dr. James Fait. Plaintiff failed to appear for the examination and Defendant seeks to compel Plaintiff's Independent Medical Examination (“IME”). In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand...

Excerpt: ...nce and (4) governmental tort liability. The first, second and third causes of action are alleged against Mr. and Ms. Schwartz while the fourth cause of action is alleged against the City. The City filed an answer on February 22, 2018. The complaint in relevant part alleges the following: (1) On the evening of December 24, 2015, Plaintiffs were involved in a head-on motor vehicle collision with each other. (Complaint ¶ 11); (2) The scene of the ...

Excerpt: ...One on Defendant. (Declaration of Barry A. Drucker, <0030004400550046004b00 001b001100030003000b[Drucker Decl., ¶ 7; Exh. 5.) Plaintiff believed the responses were insufficient and sent meet and confer letters to defense counsel to resolve the issues, but no response was received. (Drucker Decl., ¶¶ 7-9.) Plaintiff moves to compel further responses and monetary sanctions. Upon receipt of discovery requests, the propounding party may move for a...

Excerpt: ...on February 15, 2018 and failed to appear on the March 1, 2018 trial date. When there were no appearances on March 1, 2018, the Court dismissed the action without prejudice. Plaintiff seeks to set aside dismissal based on counsel's 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 ag...

Excerpt: ...ntiff. (Declaration of James P. Baratta, ¶ 2.) Defense counsel granted multiple extensions on Plaintiff's responses (Baratta Decl., ¶ 3), but Plaintiff did not serve responses (Baratta Decl., ¶ 4). Defendant seeks 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 compelling responses. (Code of Civ. Proc., §§ 2030.290, 2031.300; He...

Excerpt: ... Orthopedics & Sports Medicine, (4) Torrance Memorial Medical Center, (5) Torrance Memorial Business Office, (6) Torrance Memorial Medical Center – Films, (7) Andrew Rother, M.D., and (8) Mink Radiologic Imaging, Beverly Hills, (9) Computerized Management Services (Billing), and (10) Sketchers. (Declaration of Joan Benjamin Brown, ¶ 3.) Plaintiff argues the subpoenas are overbroad and she seeks to quash or modify them. Further, Plaintiff is no...

Excerpt: ...amend the complaint to substitute the “Estate of Alicia Timmins, Deceased” for Defendant. 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: ...IME”) of Plaintiff for March 28, 2018, at 11:00 a.m. with Geoffrey M. Miller, M.D. (Declaration of Vanessa Pouldian, ¶ 3; Exh. A.) Plaintiff never filed an objection to the Notice (Pouldian Decl., ¶ 4), but defense counsel met and conferred with plaintiff's counsel to reschedule the examination to April 11, 2018 (Pouldian Decl., ¶ 5). A <0051000300270048004600 00030028005b004b0011[ C), and plaintiff's counsel confirmed the IME (Pouldian Decl...

Excerpt: ... alleges the following: 1) on June 4, 2016, Plaintiff's friend hired and contracted ALS, a transportation company, to transport passengers including Plaintiff between 9:30 p.m. on June 4, 2016 to 3:30 a.m. on June 5, 2016. (Complaint ¶ 9); 2) On June 4, 2016, ALS picked up passengers including Plaintiff and took them from Costa Mesa, California to Exchange (a night club) located in Los Angeles, California. (Id. ¶ 10); 3) When called by the pass...

Excerpt: ...ages and related allegations of the complaint. 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)...

Excerpt: ...Yoshiaki C. Kubota, ¶ 2; Exh. 1.) On January 5, 2018, Defendant served responses. (Kubota Decl., ¶ 3; Exh. 2.) Plaintiff's counsel sent meet and confer letters, but filed these Motions to compel further responses on February 27, 2018. Defendant's counsel argues Plaintiff's counsel did not make reasonable efforts to meet and confer, and did not schedule an Informal Discovery Conference as required by the Seventh Amended General Order. It is the ...

Excerpt: ... alleges the following: 1) on June 4, 2016, Plaintiff's friend hired and contracted ALS, a transportation company, to transport passengers including Plaintiff between 9:30 p.m. on June 4, 2016 to 3:30 a.m. on June 5, 2016. (Complaint ¶ 9); 2) On June 4, 2016, ALS picked up passengers including Plaintiff and took them from Costa Mesa, California to Exchange (a night club) located in Los Angeles, California. (Id. ¶ 10); 3) When called by the pass...

Excerpt: ...(“Plaintiffs”) 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. Plaintiff then filed a motion to set aside dismissal based on counsel's mistake, inadvertence, surprise, or excusable neglect. On April 5, 2018, the Court deni...

Excerpt: ...nt, or in the alternative, summary adjudication. II. FACTUAL BACKGROUND Defendant contracts with Allied Universal Security Services (“Allied”) to provide security services, including training of Allied personnel and performance of responsibilities under contract. (Undisputed Material Fact “UMF” Nos. 3, 5.) Allied personnel are not employed by VHH. (UMF No. 4.) In November 2012, Plaintiff was hired by Allied as a security officer and was a...

Excerpt: ...incident where Plaintiff's thumb got caught in a door, resulting in a partially amputated thumb. Defendants Manhattan Beach Unified School District and Julie Brancato (collectively, “Defendants”) seek to take Plaintiff's deposition. Defense counsel raised the issue of taking Plaintiff's deposition in December 2017. (Declaration of Jennifer G. Hu, ¶ 3.) Plaintiff's counsel stated it was unnecessary to depose Plaintiff, 8-years old, because he...

Excerpt: ...d from Defendant through a screen door with a faulty lock. Plaintiff alleges Defendant was negligent in failing to inspect and repair Plaintiff's screen door prior to transferring the apartment to her and in failing to warn Plaintiff of prior crime in the complex. <0049000300370044004e00 0048005300520056004c[tion of Defendant's Person Most Qualified (“PMQ”) for ten categories of testimony and seeking production of seven categories of document...

Excerpt: ...utomobile accident. Syed Mehdi Niroomand (“Niroomand”) moves to quash service of summons on grounds service did not comply with the requirements of the Hague Convention. On March 30, 2017, Plaintiff filed a proof of service showing service on Niroomand at an address in Plano, Texas on March 22, 2017 via substitute service on Sherry Sirosdour, Co-Tenant. Niroomand is a resident of Norway and was visiting the United States at the time of the ac...

Excerpt: ...al, Southern California Permanente Medical Group – Billing, and Southern California Permanente Medical Group – X- rays. (Declaration of Michael C. Brady, ¶ 4.) Plaintiff objected to the subpoenas as being overbroad and violative of Plaintiff's right to privacy. (Declaration of Megan R. Lazar, ¶ 7; Brady Decl., ¶ 5.) The parties met and conferred, but did not reach resolution. (Lazar Decl., ¶¶ 7, 8; Brady Decl., ¶¶ 6, 7.) A deposition s...

Excerpt: ... (Declaration of Harry A. Safarian, ¶ 2.) Plaintiff served no response and did not communicate with defense counsel. (Safarian Decl., ¶ 3.) Defense counsel sent a meet and confer letter, but received no response. (Safarian Decl., ¶ 4.) Defendant moves for an order deeming admitted requests for admissions and imposing monetary sanctions. Where a party fails to timely respond to a request for admission, the propounding party may move for an orde...

Excerpt: ....39 will be used for non-medical expenses, leaving a balance of $1,433,274.86 for D.T., to be invested in a single premium deferred annuity. If approved, $6,338.61 of J.T.'s settlement will be used for medical expenses, $1,000,000.00 will be used for attorney's fees, and $58,981.38 will be used for non-medical <0049005200550003002d00 004500480003004c0051[vested in a single premium deferred annuity. Court approval is required for all settlements o...

Excerpt: ...tortured, mutilated, and murdered his girlfriend Iana Kasian (“Decedent”), who was the mother of Plaintiff Diana Kasian. Defendant moves to stay proceedings due to the concurrent criminal case pending against him. In deciding whether to stay proceedings when a civil defendant faces parallel criminal charges, courts consider: “(1) the interest of the plaintiffs in proceeding expeditiously with this litigation or any particular aspect of it, ...

Excerpt: ...Plaintiff failed to serve any responses or to request an extension. (Dunbar Decl., ¶ 2.) On March 26, 2018, defense counsel sent a meet and confer letter, but to date, Plaintiff has not served responses or communicated with defense counsel. (Dunbar Decl., ¶ 3.) Defendant seeks to compel Plaintiff's responses, to deem admitted requests for admissions, and to impose monetary sanctions. Where a party fails to serve timely responses to discovery re...

Excerpt: ...t a high rate of speed and being chased by Officer Bryan Tromp of the El Monte Police Department. Plaintiff alleges Defendants were negligent because the chase was avoidable, reckless, unsafe, and unwarranted, and they are therefore liable for Plaintiff's injuries. II. FACTUAL BACKGROUND On September 12, 2015, Officer Tromp was in a marked black and white police unit in El Monte. (Undisputed Material Fact “UMF” No. 6.) At approximately 4:46 p...

Excerpt: ...endants' premises. The Downey Unified School District owns and operates Downey High School in the City of Downey, which includes a pool facility. (Undisputed Material Fact “UMF” No. 1) On January 16, 2016, Plaintiff was using his wheelchair at Downey High School. (UMF No. 3.) Plaintiff was using a handicap ramp when one of the tires of his wheelchair got stuck on a gap located between the handicap ramp and the parking lot asphalt. (UMF No. 4....

Excerpt: ...ll. (Declaration of David Lopez, ¶ 4.) Although Defendant timely responded, Plaintiff did not receive the footage. (Declaration of Jennifer W. Naples, ¶ 4.) Defendant noticed and rescheduled Plaintiff's deposition five times. (Declaration of Jennifer W. Naples, ¶ 5.) On March 21, 2018, defense counsel called to confirm Plaintiff's March 22, 2018 deposition. The parties reached an agreement that defense counsel would produce the footage before ...

Excerpt: ... femoral head, which required a total left hip arthroplasty. She also suffered a closed head injury and a 7 mm laceration near her left eye at the left eyebrow and upper left orbital. Plaintiff is currently 85 years old. She moves for preferential trial setting. (Code of Civ. Proc., § 36(a).) 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...

Excerpt: ... action involves the care and treatment provided to Esther over the course of four years, from April 2011 through December 2015. On March 5, 2015, Esther underwent a laparoscopic vertical sleeve gastrectomy, hiatal hernia repair, and wedge liver biopsy, performed by Dr. Braverman. (Undisputed Material Fact “UMF” No. 35.) Following the surgery, on May 10, 2015, Esther sought medical care from AHMC for nausea, vomiting, difficulty swallowing, w...

Excerpt: ...n 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. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in n...

Excerpt: ... Plaintiff setting her deposition for March 30, 2018. (Declaration of Lorin D. Snyder, ¶ 3; Exh. A.) Defendant attempted to confirm Plaintiff's deposition but received no answer. (Snyder Decl., ¶ 4.) On March 30, 2018, Plaintiff failed to appear and a certificate of non‐appearance was taken. (Snyder Decl., ¶ 5.) Plaintiff has not rescheduled her deposition with Defendant. (Snyder Decl., ¶ 7.) Defendant seeks to compel Plaintiff's appearance...

Excerpt: ...na”) for Doe 1. Dr. Khurana moves to be dismissed from this action because the Doe amendment was untimely filed and is barred by the statute of limitations. II. FACTUAL BACKGROUND On January 24, 2014, Plaintiff was admitted to Methodist Hospital and was treated by Dr. Ye. According to Plaintiff's responses to Form Interrogatories, the treatment rendered by Dr. Ye allegedly caused Plaintiff to develop a severe back condition. (Exh. F, 10:16- 20....

Excerpt: ...�). (UMF Nos. 6, 7.) On November 10, 2014, Medaris, driving his personal vehicle alone, was involved in an automobile accident with Plaintiff Juan Carlos Quan (“Plaintiff”). On November 7, 2016 Plaintiff filed this action against Defendants for motor vehicle and general negligence. My News, Medianews, and Daily News (collectively, “Defendants”) move for summary judgment, or in the alternative, summary adjudication on grounds they are not ...

Excerpt: ...e Court granted Defendant's Motions to compel Plaintiff's responses and impose monetary sanctions. (Gaddini Decl., ¶¶ 10, 11.) Defendant served a Notice of Ruling, but Plaintiff failed to serve responses or pay the monetary sanction. (Gaddini Decl., ¶¶ 11, 12.) Defendant seeks terminating sanctions. Where a party fails to obey an order compelling answers to discovery, “the court may make those orders that are just, including the imposition ...

Excerpt: ...or January 12, 2018, but at Plaintiff's counsel's request, rescheduled the deposition to March 27, 2018. (Declaration of Duane H. Timmons, ¶ 3.) Defense counsel attempted to confirm the deposition on March 21, 22, and 26, but received no response from Plaintiff's counsel. (Timmons Decl., ¶¶ 4, 5.) Plaintiff failed to appear for her deposition and Defense counsel incurred fees for her nonappearance. (Timmons Decl., ¶ 8.) Defendant seeks to com...

Excerpt: ...ownsend for (1) domestic violence, (2) assault, (3) battery and (4) intentional infliction of emotional distress. The domestic violence claim is based on Civil Code section 1708.6(a), California Family Code section 6203(a) and California Penal Code section 13700(a). The cross complaint includes a prayer for punitive damages. The cross complaint alleges that Heffernan and Townsend are husband and wife who were married on July 27, 2013 and separate...

Excerpt: ...030003000300030003[<0003000300030003000300 030003000300030003[ <005a0044004f004e004c00 00480003005600570055[eet in front of the private property owned by Pappas, when he twisted his ankle on uneven pavement. (Undisputed Material Fact “UMF” No. 1.) Pappas moves for summary judgment, or in the alternative, summary adjudication. II. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply a three-step analysis: “(1) identi...

Excerpt: ...awal should be granted. (People v. Prince (1968) 268 Cal.App.2d 398, 406.) The court notes trial in this matter is set for October 22, 2018. The Court finds no prejudice will result to Plaintiff in granting this Motion. However, Counsel failed to provide a proposed order (MC-053) with his Motion, as required by California Rules of Court, Rule 3.1362. Counsel is ordered to bring a proposed order to the hearing. Subject to Counsel bringing a propos...

Excerpt: ...e of Taking of Deposition on Plaintiff, scheduling his deposition for November 1, 2017. (Declaration of Larry P. Bilbrew, ¶ 2; Exh. A.) After Plaintiff failed to serve timely responses and requested an extension to provide responses to written discovery, Defendant continued the deposition date to February 12, 2018. (Bilbrew Decl., ¶¶ 3-6.) On February 9, 2018, Plaintiff's counsel's office notified defense counsel that Plaintiff's counsel was s...

Excerpt: ...every thirty (30) days. (Declaration of Ivet Grigoryan, ¶ 2.) Defendant failed to make payments and Plaintiffs move to enforce the settlement. “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the ...

Excerpt: ...bject which caused her injuries. On March 2, 2018, Qantas filed a cross-complaint against Hallmark for indemnity and contribution. Hallmark moves to quash service of the cross-complaint. A summons may be served on a corporation by delivering a copy of the summons and complaint: (1) to the person designated as agent for service of process (Code of Civ. Proc., § 416.10, subd. (a)); (2) to the president, chief executive officer, or other head of th...

Excerpt: ..., Inc. has been dismissed from this action. Plaintiffs have been unable to serve Grant and the Court set an OSC re: failure to serve defendants for January 26, 2018. (Declaration of Payam Tishbi, ¶ 5.) Plaintiffs' counsel failed to appear at the OSC and the Court dismissed the action without prejudice. Plaintiffs now seek to set aside dismissal, to reinstate this action, and to permit service by publication. “The court may, upon any terms as m...

Excerpt: ...fendant sufficiently met and conferred with Plaintiff's counsel and filed a declaration as required by Code of Civil Procedure section 435.5. (See Declaration of Thomas A. Scutti, ¶¶ 3, 4, 5.) 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 ...

Excerpt: ...ry that resulted in the bilateral amputation of both of Raul's arms. Liberty Insurance Corporation (“Intervenor”) is the liability insurer for H.J. Heinz Company (“Insured”), Plaintiff's employer. Intervenor seeks to intervene to assert a subrogation claim against Defendants to recover workers' compensation payments it made to Plaintiff. When timely application is made, the court shall permit a nonparty to intervene in the action or proce...

Excerpt: ...eeking records on APA Talent <001500150013000f000300 000c0011000c00030003>APA has refused to produce documents and Defendant seeks to compel compliance. 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 and testimony, as well as the production of business records. (Code of Civ. Proc., § 2020.020.) A deposition subpoena requesting o...

Excerpt: ...erved Form Interrogatories, Set One, Request for Production of Documents, Sets One and Two, and Special Interrogatories, Sets One and Two, on Plaintiff. (Declaration of Ellen Kamon, ¶ 2; Exh. A.) Defense counsel granted an extension serve responses. (Kamon Decl., ¶ 3.) Defense counsel sent meet and confer and reminder letters regarding the overdue responses in September 2017 and February 2018. (Kamon Decl., ¶¶ 4, 5.) In February, Plaintiff's ...

Excerpt: ...er Casino (“Defendant”) moves to compel Plaintiff's responses to discovery and impose monetary sanctions. On January 25, 2018, Defendant served Form Interrogatories, Set One and Request for Production of Documents, Set One on Plaintiff. (Declaration of Mark V. Santa Romana, ¶ 3.) Plaintiff has served no responses and has not requested an extension. (Romana Decl., ¶ 4.) Where a party fails to serve timely responses to discovery requests, the...

Excerpt: ...(Case No. 185LCO2539), also arising out of the March 28, 2015 accident. “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Code of Civ. Proc. § 1048, subd. (a).) The pu...

Excerpt: ...gedly occurred on February 28, 2018. Ari makes this special appearance to quash service of summons. Robert declares that on February 28, 2018, a process server came to his home asking for Ari Robbins. (Declaration of Robert Robbins, ¶ 3.) Robert informed him that Ari did not and had never lived at his residence, and informed the process server that he could not accept service on Ari's behalf. (Robert Decl., ¶ 4.) Robert declares the process ser...

Excerpt: ... On April 13, 2017, Plaintiff filed a first amended complaint (“FAC”) alleging causes of action for general negligence, intentional tort and premises liability. (FAC p. 3 section 10.) Though it is unclear, the FAC also seems to state that Plaintiff is alleging a cause of action for intentional infliction of emotional distress (“IIED”) and negligent infliction of emotional distress (“NIED”). (Id.) The FAC includes a prayer for exemplar...

Excerpt: ...uary 2016 as tenants. (FAC, ¶ 2.) Plaintiff alleges that Defendants kept clothes, boxes, and baby toys next to or under the water heater in the water heater closet, despite periodic reminders from the residential manager to not store anything in the water heater closet. (FAC, ¶¶ 8, 9.) At some point after midnight on December 20, 2015, a fire occurred at the premises and there is evidence it originated in the water heater closet located in the...

Excerpt: ...perform a remodel. Plaintiff alleges he suffered personal injuries while working at the store. On November 8, 2017, Food 4 Less filed a cross-complaint against Doo-Rite Painting and FP Contracting, Inc. for indemnification, apportionment of fault, and declaratory relief. Food 4 Less now seeks leave to file a First Amended Cross-Complaint (“FAXC”) adding express indemnity and breach of contract causes of action. The Court may, in its discretio...

Excerpt: ...lty Insurance Company (“Insurance Company”), sent a letter to Plaintiffs' attorney offering to settle this matter for $14,000.00 as to Mahmoud and for $9,000.00 as to Parmis. (Declaration of Jack M. Schuler, <0049005600b60003004600 00480051005700030044[n email to defense counsel, accepting the settlement offer as to Mahmoud only. (Schuler Decl., ¶ 3; Exh. B.) To date, defense counsel has not acknowledged the acceptance of the $14,000.00 offe...

Excerpt: ...dical negligence. Dr. Solymanijam and CLDMG (“Defendants”) move for summary judgment. II. FACTUAL BACKGROUND On January 27, 2015, Plaintiff presented to her primary care physician complaining of shortness of breath and chest pain. (Undisputed Material Fact “UMF” No. 2.) On January 29, 2015, Plaintiff underwent a CT angiogram by Dr. Sinner, who interpreted the study as demonstrating bilateral pulmonary emboli (“PE”). (UMF No. 4.) Plain...

Excerpt: ...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 lawsuit.” (Kittredge...

Excerpt: ...ion performed at Plaintiff's apartment. Plaintiff was a tenant at the Sunset Ridge Apartments (“the Apartments”), which is owned by Montrose and managed by Realty Center. In October 2015, T-Top was performing plumbing repair work at the Apartments. Plaintiff alleges the repair work caused her to be exposed to harmful debris and dust. Plaintiff and T-Top have reached a settlement agreement, whereby T-Top will pay $150,000.00 to Plaintiff, and ...

Excerpt: ...2017, Jokel died, of which Plaintiff became aware of in August 2017. Plaintiff states litigation has not been advanced since Jokel's death. Plaintiff filed a Creditor's Claim and initiated a probate proceeding in Jokel's name. After testamentary letters are issued, Plaintiff will be able to substitute Jokel's estate in this action and litigation can resume against the estate. Plaintiff seeks to continue trial in this action for this purpose. A pa...

Excerpt: ...ents on Plaintiff. (Declaration of Sophia Kuo Tiong, ¶ 2; Exh. A.) Defense counsel unilaterally granted an extension, but received no responses from Plaintiff. (Tiong Decl., ¶ 5.) Defendant now moves for an order compelling Plaintiff's responses and imposing 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: ...ating to a March 28, 2015 road rage incident. On October 13, 2017, Defendant served a Notice of Taking Deposition on Plaintiff, setting his deposition for February 22, 2018. (Declaration of Scott E. Braybrooke, ¶ 4; Exh. B.) On February 15, 2018, Defendant's counsel was informed Plaintiff would be unavailable for the February 22, 2018 deposition. (Braybrooke Decl., ¶ 6.) Defense counsel did not take the deposition off calendar, instead requesti...

Excerpt: ...16, 2018, Defendant served a Notice of Deposition of Plaintiff. On February 5, 2018, Plaintiff appeared ex parte and a discovery stay was issued until Plaintiff's Motion to compel the deposition of Defendant's PMK was heard. On February 7, 2018, Defendant filed this Motion to compel Plaintiff's deposition. The hearing on this Motion was continued pursuant to the discovery stay order. On March 16, 2018, the Court ruled on Plaintiff's Motion to com...

Excerpt: ...ber 9, 2016 dog bite. On September 28, 2017, Plaintiff served a Notice of Taking Deposition of the Estate of Anita Brayman (“Defendant”) noticing the deposition for October 18, 2017. (Declaration of Sark Ohanian, ¶ 3.) On October 18, 2017, neither Defendant nor counsel appeared and a <0051004c00440051000300 000300170011000c0003> Plaintiff moves to compel Defendant's deposition. Any party may obtain discovery, subject to restrictions, by taki...

Excerpt: ...sponses from Plaintiff and moves to compel Plaintiff's responses and impose monetary sanctions. Plaintiff argues this motion is moot, as she has since served verified responses to Defendant's Form Interrogatories, Set Two. (Declaration of Sandeep G. Agarwal, ¶ 2.) Plaintiff also argues Defendant made no attempt to meet and confer prior to filing this motion to compel. Where a party fails to serve timely responses to discovery requests, the court...

Excerpt: ...y 21, 2016, Plaintiff and his mother (“Decedent”) were passengers in a vehicle driven by Vargas and owned by Trujillo. Plaintiff alleges Robin Thomas (“Thomas”) entered the intersection on a green light and Vargas failed to stop at a red light, causing Thomas's vehicle to collide with the passenger side of Vargas's vehicle. Plaintiff settled his claims against Defendants and the Court approved the minor's compromise on April 19, 2017. On ...

Excerpt: ... the manager's office. (Undisputed Material Fact “UMF” No. 5.) In her Complaint, Plaintiff alleged Defendant allowed a slippery substance to gather on the floor and that she slipped and fell on the substance. (Complaint, ¶¶ GN-1, Prem.L-1.) Plaintiff had seen a Store employee cleaning the floor area where she fell and originally believed she had slipped on some liquid. However, neither Plaintiff nor Store employees could identify any liquid...

Excerpt: ... George L. Mallory, Jr., ¶ 3; Exh. A.) Despite granting extensions, Plaintiff never received responses from Defendant. Plaintiff moves to compel Defendant's responses and requests 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; Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th...

Excerpt: ...“McKinney”) and Jeffrey Nieboer (“Nieboer”) (collectively, “Cross-Defendants”) for negligence, gross negligence, willful misconduct, implied equitable indemnity, contribution, and declaratory relief. On March 7, 2015, Plaintiff, McKinney, and Nieboer were loading a chair or carrier of Defendant's ski lift. Plaintiff was unable to become properly seated in the carrier. (XC, ¶ 6.) Defendant alleges that McKinney and Nieboer tried to pu...

Excerpt: ...'s traffic lane in order to avoid an illegally parked UPS truck that was obstructing the flow of traffic. Huggins' vehicle crashed head-on into Plaintiff's vehicle. Plaintiff and Huggins have reached a settlement agreement and seek a determination of good faith settlement. The Court must approve any settlement entered into by less than all joint tortfeasors or co-obligors. (Code of Civ. Proc., § 877.6.) This requirement furthers two sometimes-co...

Excerpt: ... Plaintiff. (Declaration of Bruce E. Todd, ¶ 2.) After receiving no responses, defense counsel sent a letter to Plaintiff's counsel regarding the overdue responses. (Todd Decl., ¶ 3.) Defendants' counsel states that to date, there has been no communication, no request for an extension, and no responses from Plaintiff. (Todd Decl., ¶ 4.) Defendants move for an order compelling responses and monetary sanctions. Where a party fails to serve timel...

Excerpt: ...ing to the October 17, 2015 care and treatment rendered by Defendants to Plaintiff. On October 17, 2015, Plaintiff presented to the emergency room at Long Beach Memorial Medical Center complaining of altered mental status. He was examined by Dr. Nackoud in the emergency room. On October 19, 2015, Dr. Hoshino examined Plaintiff after an x-ray showed a shoulder dislocation and fracture. Dr. Hoshino and Dr. Nackoud each move for summary judgment. Dr...

Excerpt: ...mended 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. While the Court has discretion to accept an untimely filed amended complaint where the delay in filing is brief and inconsequential (Harlan v. Department of Transportation (2005) 132 Cal.App.4th 868, 872), the ...

Excerpt: ...er 25, 2015 motor vehicle accident. On October 16, 2017, Defendant served Form Interrogatories, Special Interrogatories, and Demand for Production of Documents on Plaintiffs. (Declaration of Stephen D. Enerle, ¶ 3.) On January 2, 2018, Defendant's counsel sent a letter unilaterally granting an extension on responses. (Enerle Decl., ¶ 5.) To date, Plaintiffs have served no responses to Defendant's discovery requests. (Enerle Decl., ¶ 6.) Defend...

Excerpt: ...edent at Defendants' residence. II. FACTUAL BACKGROUND On August 16, 2014, Defendants hosted a party at their residence. (Undisputed Material Fact “UMF” No. 2.) There were no children at the party. (UMF No. 7.) Decedent attended Defendants' party with his friend, Lamar Thompson. (Complaint, ¶ 12.) Alcohol was served at the party all night, and the party occurred outdoors. At some point in the early morning hours, guests moved inside the resi...

Excerpt: ...ional dba Warner Plaza (“Plaza”), Stanley Weiss (“Mr. Weiss”), and Stacey Weiss (“Mrs. Weiss”). Plaintiff alleged assault and battery as to Craft and premises liability and negligence as to Kholousi, Lounge, the Tavern, Plaza, Mr. Weiss, and Mrs. Weiss. The Tavern, Erin Jacob Harms, and Douglas Wayne Babbitt (owners of the Tavern) (“Defendants”) move for summary judgment as to Plaintiff's complaint, or in the alternative, summary ...

Excerpt: ...aration of George L. Mallory, Jr., ¶ 3; Exh. A.) Despite granting extensions, Plaintiff never received responses from Defendant. Plaintiff moves to compel Defendant's responses and requests 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; Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 C...

Excerpt: ...from Plaintiff and moves to compel Plaintiff's responses and impose monetary sanctions. Plaintiff argues this motion is moot, as she has since served verified responses to Defendant's Form Interrogatories, Set Two. (Declaration of Sandeep G. Agarwal, ¶ 2.) Plaintiff also argues Defendant made no attempt to meet and confer prior to filing this motion to compel. Where a party fails to serve timely responses to discovery requests, the court may mak...

Excerpt: ... failed to appear at the OSC and the action was dismissed without prejudice. Plaintiff now moves to set aside dismissal and reinstate this action. <004c004f00480047000300 000300150013000f0003[2018, less than the 16 court days required by Code of Civil Procedure section 1005, subdivision (b). (Code of Civ. Proc., § 1005, subd. (b) [“all moving and supporting papers shall be served and filed at least 16 court days before the hearing”].) Althou...

Excerpt: ...premises 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 (“FAC”). Defendant seeks to strike punitive damages allegations from the FAC. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to stri...

Excerpt: ...d survival. This action arises out of the death of Plaintiffs' father (“Decedent”), who was sitting in a car with two male companions on Defendants' property (“the Park”), when all three individuals were shot multiple times by unknown assailants believed to be gang members. On November 8, 2017, the Court granted Defendants' motion to strike punitive damages from Plaintiffs' FAC with leave to amend. On November 30, 2017, Plaintiffs filed t...