Excerpt: ...s involved in a three-vehicle motor vehicle collision caused by Moore. (Complaint ¶¶ 1, 6.) Plaintiff alleges that as Moore was making a left turn, Moore struck Navarro's vehicle which then struck Plaintiff's vehicle. (Id.) On August 25, 2017, Infinity was dismissed from the action. On August 30, 2017, Ruano filed a cross complaint against Moore and Navarro for indemnity, contribution and declaratory relief. On March 21, 2018, Moore filed a cro...

Excerpt: ...eeks leave to file a Second Amended Complaint (“SAC”) to add allegations that Defendant drove under the influence of alcohol and a prayer for punitive damages. 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 <000c000b0014000...

Excerpt: ...proper. (Code of Civ. Proc., §§ 435, 436.) Defendants failed to meet and confer in compliance with Section 435.5 before filing this motion. 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 rais...

Excerpt: ...ue to a concurrent criminal case pending against him. Defendant has not filed an Answer. On August 17, 2017, a felony criminal complaint was filed against Defendant based on the same vehicle accident. Defendant contends that in the absence of a stay, he will be forced to make continuing objections to discovery in order to avoid waiving his constitutional right against self-incrimination. There was a hearing in the criminal case on February 9, 201...

Excerpt: ...ant also requests, in one sentence in her motion, a trial continuance. However, no <004800540058004c005500 004f004c004900520055>nia Rules of Court, Rule 3.1332, was made. Therefore, the request for trial continuance is DENIED. “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, s...

Excerpt: ...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. On November 14, 2017, the Parties stipulated that certain depositions, discovery and records would be deemed confidential and be treated accordingly. Plaintiff moves to file the following under seal: (1) Defendants' Motion fo...

Excerpt: ...set for July 17, 2018. Defendant moves to continue trial and trial-related dates. 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 C...

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

Excerpt: ...a First Amended Cross‐Complaint (“FAC”). 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 respect. (Code of Civ. Proc. § 473, subd. (a)(1).) This discretion should be exercised liberally in favor of amendments, for judicia...

Excerpt: ...omobile accident. Plaintiff's deposition was conducted on May 24, 2017. Defendant seeks leave to conduct a subsequent deposition of Plaintiff. “Once any party has taken the deposition of any natural person, including that of a party to the action, neither the party who gave, nor any other party who has been served with a deposition notice pursuant to Section 2025.240 may take a subsequent deposition of that <0056005800450047001100 002b0052005a0...

Excerpt: ...lifornia (“UC Regents”) was named as Doe 1. UC Regents moves for summary judgment on grounds its agents and employees complied with the standard of care in their treatment and care of Plaintiff, and nothing they did or failed to do caused Plaintiff's injuries. II. FACTUAL BACKGROUND On August 31, 2016, Plaintiff presented to UCLA Medical Center and was seen by Dr. Watson and resident Neal Kausahl, M.D. for pain management of chloedocholithias...

Excerpt: ...est for production of documents on Plaintiff. (Declaration of B. Eric Nelson, ¶ 3; Exh. A.) On December 15, 2017, Plaintiff filed a substitution of attorney form and is now self-represented. (Nelson Decl., ¶ 4; Exh. B.) On January 15, 2018, Defendants wrote to Plaintiff, at the address listed on the substitution of attorney form and granting a 30-day extension to provide responses to outstanding discovery. (Nelson Decl., ¶ 5; Exh. C.) To date,...

Excerpt: ...On November 28, 2017, Simpson served Form Interrogatories and Special Interrogatories on Plaintiff. (Declaration of Christina F. Michael, ¶ 2; Exh. A.) To date, there has been no communication from Plaintiff and no responses to discovery. (Michael Decl., ¶ 3.) Simpson moves to compel 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 C...

Excerpt: ...o Tuning for motor vehicle negligence, wrongful death, assault, and battery. On December 21, 2017, Plaintiffs served Form Interrogatories, Special Interrogatories, and Request for Production of Documents on Defendant Valenzuela. (Declaration of B. Mark Fong, ¶ 2.) Plaintiffs granted three two-week extensions, but Defendant did not provide responses. (Fong Decl., ¶¶ 3 – 6.) Plaintiffs move to compel Defendant's responses and to impose monetar...

Excerpt: ...responses or to pay the monetary sanction. On February 13, 2018, the Court granted Defendant's motion to compel Plaintiff's deposition and to pay a monetary sanction. Plaintiff failed to appear for her deposition or to pay the monetary sanction. (Declaration of Jessica E. Carranza, ¶ 3.) On February 28, 2017, the Court granted Defendant's motion to compel Plaintiff's independent medical examination. Plaintiff failed to appear for her physical ex...

Excerpt: ...ainst her has already settled and a written Release of all claims has been executed by Plaintiff. (Declaration of Shirley Carpenter Bridwell, ¶ 4; Exh. B.) On August 1, 2016, Plaintiff executed a release in full settlement and compromise releasing all claims, demands and causes of action against Sanderson in exchange for payment of $9,300.00. Sanderson moves to enforce the settlement agreement. However, the Court has no authority to enforce this...

Excerpt: ...infliction of emotional distress. Plaintiff seeks punitive damages Defendants Ralphs Grocery Company dba Ralphs and The Kroger Company (collectively, “Defendants”) move to strike punitive damages and related allegations. Defendant failed to meet and confer in compliance with Section CCP § 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 ...

Excerpt: ...he complaint alleges that on May 23, 2017, while Plaintiff was jogging on property owned and operated by City and LAWA, Plaintiff tripped and fell because of a hole on the surface that he was jogging on. (Complaint ¶¶ 7-8.) The complaint further alleges that Does 11 to 20 negligently designed, constructed and repaired the subject premises. (Id. ¶¶ 17-18.) On March 26, 2018, LAWA demurred to the first and second causes of action for failure to...

Excerpt: ...s 1 through 50. On September 29, 2014, Plaintiffs filed a First Amended Complaint (“FAC”) naming Peggy Yiankes (“Yiankes”), individually, Bixeman, Keyvan Khadem (“Khadem”) and Does 1 through 50. On January 16, 2015, Khadem was dismissed from the case. On December 30, 2016, Plaintiffs amended the FAC by substituting Mercury for Doe 1. On January 5, 2017, Bixeman was dismissed from the action. On March 13, 2017, Plaintiffs' attorney fil...

Excerpt: ...ogatories, and Special Interrogatories on Plaintiff. (Declaration of Jennifer Hu, ¶ 3.) On December 14, 2017 and again on December 28, 2017, Defendant granted one week extensions on responses. (Hu Decl., ¶ 4.) Defendant granted an additional extension on January 5, 2018, and then Plaintiff's counsel was relieved as counsel on February 22, 2018. (Hu Decl., ¶¶ 6, 7.) Defendant then sent courtesy copies of all outstanding discovery to Plaintiff ...

Excerpt: ...nce 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. However, Defendant failed to meet and confer in compliance with Section 435.5 before filing the motion to strike. Effective January 1, 2018, before filing a motion to strike, “the moving party shall meet and confer in person or by tel...

Excerpt: ..., ¶¶ 4, 5.) In a report by Leon Markodar, M.D., Plaintiff was diagnosed with traumatic brain injury with intracranial hemorrhage, post-traumatic stress disorder, and post-concussional state with a recommendation that Plaintiff undergo a psychiatric examination and possible neuropsychological evaluation. (Skinner Decl., ¶ 7.) Defendant moves to compel the mental examination of Plaintiff by Charles Hinkin, Ph.D. In any case in which a plaintiff ...

Excerpt: ...enue to Riverside County Superior Court. Of the four named defendants, only WEA Palm Desert, LLC and O'Connor Capital Partners, LP are viable legal entities. Apparently, O'Connor Capital Partners, LP is no longer a legal entity and a motion for summary judgment is being filed on its behalf. Therefore, Defendants argue the only remaining viable defendant is WEA Palm Desert, LLC, a Delaware Limited Liability Company. On timely motion, the court mus...

Excerpt: ...erve timely responses (Su Decl., ¶¶ 3, 4) and Plaintiff moves to deem admitted requests for admission and to impose monetary sanctions. Where a party fails to timely respond to a request for admission, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted. (Code of Civ. Proc., § 2033.280, subd. (b).) The party who failed to respond waives any ...

Excerpt: ...ence, premises liability, loss of consortium, and negligent infliction of emotional distress. On November 20, 2017, the Court granted Defendant's motions to compel Plaintiffs' responses to written discovery requests and imposing monetary sanctions in the amount of $1,665.00 against Plaintiffs and their attorney of record. On November 21, 2017, Defendant served a Notice of Ruling on Plaintiffs' counsel. Plaintiff has failed to serve discovery and ...

Excerpt: ...ties to participate in an Informal Discovery Conference (“IDC”) on March 20, 2018. After the hearing on March 19, Defendant served further responses on Plaintiff. (Declaration of Omid Khorshidi, ¶ 12.) However, Plaintiff seeks monetary sanctions in the amount of $6,785.00 against Defendant and defense counsel. Plaintiff's counsel argues his office should be granted thousands of dollars in monetary sanctions based on multiple appearances and ...

Excerpt: ...led its Answer on September 22, 2017 and moves for leave to file a cross-complaint against City and Petoskey. Plaintiff filed a Notice of Non-Opposition to this Motion and counsel agreed to stipulate to allow State to file its cross-complaint against City and Petoskey. (Declaration of Assal Assassi, ¶ 4.) 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...

Excerpt: ...17, Plaintiff filed an amendment substituting La Casa Building Contractors, Inc. (“La Casa”) as Doe 1. (Declaration of Jesse J. Thaler, ¶ 8.) La Casa moves to continue trial on grounds new counsel was substituted on March 13, 2018, needs to take Plaintiff's deposition, and needs time to prepare for trial. Trial in this matter is currently set for June 7, 2018. On April 17, 2018, the parties participated in an Informal Discovery Conference (�...

Excerpt: ...d 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 orders concern...

Excerpt: ...plaint. Kirkley now moves for leave to file a cross-complaint against Interior Experts General Builder, Inc. (“Interior Experts”) for indemnity, implied partial indemnity, declaratory relief, equitable apportionment, and express indemnity. 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. (C...

Excerpt: ...cedent”). On October 17, 2016, Plaintiffs amended their complaint to substitute Dalton <00470044004f0048005100 00030016001100030003>On December 14, 2016, Plaintiffs amended their complaint to add NISS as Doe 4, Huguette Mutombo as Doe 5, Reliable Health Care Services as Doe 6, and Platinum Health Systems as Doe 7. <00460052004f004f004800 000300b3002700480049>endants”) have reached a settlement agreement and seek a determination of good faith ...

Excerpt: ...ction for negligence and negligence per se. The complaint alleges that Plaintiff was injured on March 14, 2017, when Edwards, while under the scope of employment with Metro, negligently operated a vehicle thereby causing a collision with Plaintiff's vehicle. (FAC ¶¶ 1,13, and17-18.) On March 19, 2018, Metro and Edwards (jointly “Moving Defendants”) demurred to the complaint. On April 9, 2018, Plaintiff filed an opposition to the demurrer an...

Excerpt: ... FAC alleges that Plaintiff was injured on November 30, 2015, when the defendants negligently owned and operated a vehicle causing a collision involving multiple vehicles including Plaintiffs' vehicle. (FAC p. 4 MV-1 and MV-2 and p. 5 GN-1.) PTC is alleged to be a public entity and the FAC alleges that Plaintiff is excused from complying with the Government Claims Act. (Id. p.2 section 5(a) and 9(b).) The FAC alleges that based on California Insu...

Excerpt: ...s, Special Interrogatories, Demand for Documents, and Requests for Admissions on Plaintiff. (Declaration of Lucio Leon, ¶ 2.) Plaintiff requested and was granted an extension to serve responses, but then failed to provide responses Fox's discovery requests. (Leon Decl., ¶¶ 3, 4, 5.) Despite letters by Fox's counsel, Plaintiff provided no responses to outstanding discovery. (Leon Decl., ¶¶ 6, 7.) Fox moves to compel responses to discovery and...

Excerpt: ...s. On August 30, 2017, the Court ordered Plaintiffs to appear for their depositions on September 14, 2017 and to pay monetary sanctions. (Declaration of Shayne Figgins, ¶ 7; Exh. A.) Plaintiffs and their attorneys failed to appear for the September 14, 2017 depositions and Plaintiffs failed to pay the monetary sanctions. (Figgins Decl., ¶ 8.) On November 14, 2017, the Court made another order requiring Plaintiffs to comply with defendant's prev...

Excerpt: ...n of emotional distress, and seeking punitive damages. On February 5, 2018, the Court granted the motion of Defendant Live Nation Worldwide, Inc. (“Live Nation”) (sued as Doe 21) to strike punitive damages allegations from Plaintiff's FAC with twenty (20) days leave to amend. On February 26, 2018, Plaintiff filed a Second Amended Complaint (“SAC”). Plaintiff moves for leave to amend his SAC to substitute Doe 1, Doe 2, and Doe 21 for their...

Excerpt: ...September 19, 2017, Plaintiff deposed a former employee of Defendant's fitness center who testified she overheard an employee say that someone else said a locker unit was unattached and needed to be bolted down. Based on this, Plaintiff seeks to file a FAC adding allegations that Defendant acted with malice and seeking punitive damages. The Court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, a...

Excerpt: ...utomobile accident. On September 28, 2017, Defendant served Form Interrogatories, Set Two and Request for Admissions, Set Two on Plaintiff. (Declaration of Robert J. Dwyer, ¶ 2; Exh. A.) After receiving no responses, defense counsel sent meet and confer and follow-up letters on November 17 and December 5, 2017. (Dwyer Decl., ¶ 4, 6.) On December 12, 2017, Plaintiff's counsel requested an extension through December 31, 2017 to provide responses....

Excerpt: ...ently homeless. Absent a showing of resulting prejudice, an attorney's request for withdrawal should be granted. (People v. Prince (1968) 268 Cal.App.2d 398, 406.) The court notes trial in this matter has not been set, and the next hearing is an OSC re dismissal on July 23, 2018. The Court finds no prejudice will result to Plaintiff in granting this Motion, and Counsel's Motion complies with the requirements of California Rules of Court, Rule 3.1...

Excerpt: ...s, Special Interrogatories, Demand for Documents, and Requests for Admissions on Plaintiff. (Declaration of Lucio Leon, ¶ 2.) Plaintiff requested and was granted an extension to serve responses, but then failed to provide responses Fox's discovery requests. (Leon Decl., ¶¶ 3, 4, 5.) Despite letters by Fox's counsel, Plaintiff provided no responses to outstanding discovery. (Leon Decl., ¶¶ 6, 7.) Fox moves to compel responses to discovery and...

Excerpt: ...tion of emotional distress, and respondeat superior. Plaintiff seeks punitive damages as to negligence, assault, battery, and intentional infliction of emotional distress. Defendant moves to strike the prayer for punitive damages and related allegations. On May 21, 2016, Plaintiff was working as a cameraman for Defendant at Montgomery High School. Plaintiff alleges that he was assaulted and battered by Duffy, another one of Defendant's cameramen....

Excerpt: .... On October 31, 2016, McBride served Form Interrogatories, Set One; Special Interrogatories, Set One; and Requests for Production of Documents, Set One on Plaintiff. (Declaration of Timothy Gauthier, ¶ 2; Exh. A.) On December 30, 2016, Plaintiff served unverified responses. (Gauthier Decl., ¶ 3; Exh. B.) McBride now moves for an order compelling Plaintiff's verified responses to her Set One of discovery requests. On August 3, 2017, McBride ser...

Excerpt: ... distress. Plaintiff alleges that on December 3, 2016, he used the Uber Application to order a ride home and Uber driver Moosari picked him and his girlfriend up. Moosari began a conversation with Plaintiff regarding their differing religious affiliations. At some point, Moosari pulled over on the freeway and ordered Plaintiff and his girlfriend to get out. When they refused, Moosari exited the freeway to a 7-Eleven parking lot. There, Plaintiff ...

Excerpt: ... December 18, 2014 automobile accident. On September 28, 2017, Defendant served Request for Production of Documents, Set Three and Special Interrogatories, Set There on Plaintiff. (Declaration of Robert J. Dwyer, ¶ 2; Exh. A.) After receiving no responses, defense counsel sent meet and confer and follow-up letters on November 17 and December 5, 2017. (Dwyer Decl., ¶ 4, 6.) On December 12, 2017, Plaintiff's counsel requested an extension through...

Excerpt: ...nied Twinn Palms's Motion to transfer venue without prejudice, and granted Twinn Palms's Motion to compel Plaintiffs' responses to written discovery requests. Plaintiffs failed to comply with the Court's order that discovery responses be served within twenty (20) days of the February 6 Order. Twin Palms made a renewed motion to transfer venue and moved for terminating sanctions based on Plaintiffs' violation of the Court's discovery order. Both p...

Excerpt: ...ion. On March 7, 2018, the Court continued the hearing on the demurrer because Claire Chin failed to provide a declaration that established that the parties met and conferred regarding the demurrer as is required by CCP § 430.41. The Court ordered the parties to either (a) agree to permit Plaintiff to file an amended complaint, or (b) file a declaration concerning the parties' meet and confer efforts and briefs concerning any outstanding issues ...

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: ...aintiff. (Declaration of John A. Plinski, ¶ 3; Exh. A.) Defendant's counsel granted two extensions (Plinski Decl., ¶¶ 5, 6), but Plaintiff served no responses (Plinski Decl., ¶ 7). Defendant moves to compel Plaintiff's responses and monetary sanctions. Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code of Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. ...

Excerpt: ... 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.) The parties request a short trial continuance in order to compl...

Excerpt: ...er 18, 2014 automobile accident. On August 18, 2017, Defendant served Request for Production of Documents, Set Two on Plaintiff. (Declaration of Robert J. Dwyer, ¶ 2; Exh. A.) Plaintiff's responses were due on September 23, 2017, but no responses were received. (Dwyer Decl., ¶ 4.) Defense counsel sent meet and confer and follow-up letters on October 5, October 18, October 23, 2017, and November 1, 2017, and received no response from Plaintiff's...

Excerpt: ...“Defendants”). On January 4, 2018, the Court granted Defendants' motion to strike punitive damages allegations with twenty (20) days leave to amend. On January 24, 2018, Plaintiffs filed their First Amended Complaint (“FAC”) alleging general negligence, negligence per se, reckless, willful, intentional and malicious conduct, negligent entrustment, negligent supervision, motor vehicle owner liability, adult's liability for minor's permissi...

Excerpt: ...��Heath”), M. Waters, RN (“Waters”), and Mary Rosman, RN (“Rosman”) (collectively, “Deponents”), for May 8 and May 9, 2017. (Declaration of Eduardo J. Ascencio, ¶ <0011000300030033004f00 00440057005700480050>pted to confirm the deposition dates, but defense counsel stated there were scheduling conflicts with the deponents. (Ascencio Decl., ¶ 5.) No deposition dates have been confirmed and Plaintiff moves to compel the depositions ...

Excerpt: ...ash out from his apartment unit. (Undisputed Material Fact “UMF” Nos. 1, 2.) Plaintiff was walking downstairs and missed a step, causing him to fall down the stairs. (UMF No. 2; Complaint, ¶ Prem.L-1.) Plaintiff alleges his misstep was due to the lights having gone out, leaving the stairs dark. (UMF No. 3; Complaint, ¶ Prem.L-1.) The Hogan Group, Inc. manages a number of commercial properties, including the subject property. (UMF No. 7.) De...

Excerpt: ...aintiff filed a Notice of Non- Opposition. On September 9, 2015, Cheryl Shaw (“Decedent”) was admitted to Lakewood by her surgeon, Dr. Goffney, for surgery to repair two large ventral hernias and an abdominoplasty. (Undisputed Material Fact “UMF” No. 2.) Post-operatively, Decedent developed shortness of breath and her abdomen was noted to be distended and tense. Dr. Goffney ordered the nurses at Lakewood to insert nasogastric tubes. (UMF ...

Excerpt: ...ng indemnification, apportionment of fault and declaratory relief. On September 18, 2017, Plaintiff amended the complaint by substituting the County of Los Angeles (the “County”) as a defendant for Doe 1. On December 26, 2017, Plaintiff filed a first amended complaint (“FAC”) after the Court sustained the County's demurrer to the complaint. Plaintiff also named Metro as a defendant in the FAC. On January 20, 2018, Metro filed a “Demurre...

Excerpt: ...Set Three on City. (Declaration of Kent Heeringa, ¶ 2.) City served no responses and Defendant's counsel sent a meet and confer letter on March 7, 2018. (Heeringa Decl., ¶ 4.) City failed to respond and Plaintiff moves to compel 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; Healthcare Consultin...

Excerpt: ... prayer for punitive damages and attorney's fees, 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 inse...

Excerpt: ...3,158.53 for Claimant to be deposited in a blocked account, subject to withdrawal 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. Further, the Court finds the requested attorney's fee, which amounts to approximately 25% of the settlemen...

Excerpt: ... October 19, 2015 automobile accident. 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 (...

Excerpt: ...Manhattan Beach Surgery Center (“Deponent”). (Declaration of Trinh (Tiffany) Ly, ¶ 4; Exh. B.) Defendant also served Deposition subpoena requesting Deponent's appearance on February 20, 2018. (Ly Decl., ¶ 7; Exh. E.) Deponent did not respond or appear. Ly Decl., ¶ 8.) A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposition, or deposition for production of business...

Excerpt: ...Beach, California. (Declaration of Harry Nalbandyan, ¶¶ 4, 5.) On February 21, 2017, Plaintiff served Set One of written discovery requests on Defendant at the same address. (Nalbandyan Decl., ¶ 6.) After receiving no responses, Plaintiff filed motions to compel deem admitted, which were granted by the court on July 6, 2017. (Nalbandyan Decl., ¶ 9.) On July 11, 2017, Defendant filed his Answer. (Nalbandyan Decl., ¶ 10.) On July 12, 2017, pur...

Excerpt: ...el Plaintiffs' depositions and to impose monetary sanctions. Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code of Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify, as well as to produce documents for inspection and copying. (Code of Civ. Proc., § 2025.280, ...

Excerpt: ...s 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 m...

Excerpt: ...d billing from Westside Medical Associates of Los Angeles and EM Therapeutics on grounds: (1) the date listed for production is after the discovery cut-off, and (2) the subpoenas are broadly-worded and invade Plaintiff's right to privacy. 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 b...

Excerpt: ...t. “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code of Civ. Proc., § 473, subd. (b).) Application for this relief shall be made within a reasonable time, in no case exceeding six months, after judgment, dismissal, order, or proceeding ...

Excerpt: ...1968) 268 Cal.App.2d 398, 406.) The court notes trial in this matter is currently set for October 4, 2018 and no prejudice will result in granting this motion. However, Counsel failed to submit a Proposed Order (MC‐053) with her moving papers in compliance with California Rules of Court, Rule 3.1362(e). Counsel is ordered to bring a Proposed Order to the hearing on this Motion. The unopposed Motion to be relieved is GRANTED, subject to Counsel ...

Excerpt: ...om August 2010 to August 2012, she was a student at Los Altos High School and was sexually molested by Park. School District and McReynolds (“Defendants”) move to compel discovery of Plaintiff's prior sexual conduct, pursuant to Code of Civil Procedure section 2017.220. In a civil action alleging sexual harassment, sexual assault, or sexual battery, a party seeking discovery of plaintiff's sexual conduct with individuals other than the allege...

Excerpt: ...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 Court's preference that...

Excerpt: ...aintiff alleged she had slipped on liquid or a slippery surface. Plaintiff assumed she slipped on liquid because she had seen an employee cleaning the area, just prior to her fall. (Declaration of Rexann Jasso, ¶ 8.) However, on February 22, 2018, Plaintiff received surveillance footage of the incident. (Declaration of Edi Kristopher, ¶ 9.) Plaintiff states that upon viewing the surveillance video, it became clear Plaintiff actually tripped on ...

Excerpt: ... 22, 2018. Plaintiff seeks leave to file a Second Amended Complaint (“SAC”) to add allegations that Defendant drove under the influence of alcohol and a prayer for punitive damages. A motion to amend a pleading must include a copy of the proposed amendment or amended pleading which must be serially numbered to differentiate it from previous pleadings or amendments and must state what allegations in the previous pleading are proposed to be del...

Excerpt: ... examination of Plaintiff, conducted by Kyle B. Boone, Ph.D., ABPP-ABCN. 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 <000300...

Excerpt: ...tiff moves to quash the subpoenas on grounds they are overbroad and violate her right to privacy. 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.) The court, upon motion or the court's own motion, “may make an order quashing the subpo...

Excerpt: ...d that shortly thereafter, she developed complications and began to suffer from excruciating pain and discomfort as a result of the treatment. Plaintiff contends her face is permanently disfigured. Defendants seek judgment on the pleadings based on a Confidential Release, Waiver and Non-Disparagement Covenant, which Defendants contend bars Plaintiff's action. II. LEGAL STANDARD “A motion for judgment on the pleadings performs the same function ...

Excerpt: ...n March 15, 2018, Defendant filed this Motion for leave to file a cross-complaint against Paez for negligence and partial indemnity. On March 23, 2018, Defendant filed his proposed 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 o...

Excerpt: ...to continue trial and the Court ordered Defendant to appear for his deposition within 10 days. (Declaration of Omid Khorshidi, ¶ 4.) The parties agreed that Defendant would appear for his deposition on March 27, 2018, and Defendant argues this motion is moot. However, Plaintiff seeks monetary sanctions, as Defendant's failure to appear for deposition necessitated this motion. <0057005700480051004700 00470048005300520056[ition, or where any party...

Excerpt: ... “Defendants”) for negligence and premises liability. On December 15, 2017, Plaintiff served Request for Admissions, Set Four (“RFAs”) on City. (Declaration of Rebecca S. Hummel, ¶ 4; Exh. B.) City served its responses on January 18, 2108. (Hummel Decl., ¶ 5; Exh. C.) Plaintiff's counsel determined responses to RFAs Nos. 39 and 40 were evasive and sent a meet and confer letter. (Hummel Decl., ¶ 6.) Plaintiff now moves to compel further...

Excerpt: ...ssions on Plaintiff. (Declaration of Maral I. Gasparian, ¶ 4; Exh. A.) Plaintiff failed to serve timely responses and Defendant's counsel granted multiple extensions. (Gasparian Decl., ¶¶ 5-7.) Defendant received no responses and filed these Motions to compel responses and requested monetary sanctions on March 14, 2018. Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code ...

Excerpt: ... accident which resulted in the death of Marieta Bonite Go (“Decedent”). Plaintiffs move for leave to file a First Amended Complaint (“FAC”). 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 000300...

Excerpt: ..., causing her to fall and become completely unconscious. At 4:20 p.m., an ambulance was called and arrived at the scene at 4:28 p.m., where Plaintiff was picked up outside the Store. Plaintiff was diagnosed with a traumatic brain injury. She does not recall the events after the fall, as she was completely unconscious, and does not know how she got outside the Store. Plaintiff alleges that Defendant intentionally destroyed relevant evidence relati...

Excerpt: ...on of Adam L. Robinson, ¶ 6.) Trial in this matter is currently set for July 25, 2018. Defendant moves to continue trial and trial-related dates. 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 ...

Excerpt: ... 2, 2017 and the proof of service of summons was filed on November 8, 2017. Dr. Zaki moves to dismiss this action against him for delay in service. A summons and complaint shall be served on a defendant within three years after the action is commenced against the defendant. (Code of Civ. Proc., § 583.210, subd. (a).) An action is commenced at the time the complaint is filed. (Code of Civ. Proc., § 583.210, subd. (b).) Further, this Court's Seve...

Excerpt: ...d negligence relating to a June 17, 2017 incident where Nina fell and struck her head, injuring her spinal cord and sustaining severe injuries while swimming in an Intex above-ground pool. Defendants move to dismiss or stay this action on grounds Texas is the appropriate forum. Even if the court has subject matter and personal jurisdiction over an action and the parties, it may stay or dismiss the action on the ground of inconvenient forum. (Code...

Excerpt: ... in a forklift by Home Depot's employee. On January 17, 2018, Home Depot served nine (9) subpoenas on multiple facilities relating to Plaintiff's medical care and treatment. (Declaration of Drew N. Evans, ¶ 2.) Plaintiff moves to quash the subpoenas on grounds they over overbroad, as they seek “any and all” records relating to treatment of Plaintiff. (Evans Decl., ¶ 3.) The parties met and conferred but could not agree to limit the subpoena...

Excerpt: ...f Maria Skinner, ¶ 2; Exh. A.) After receiving no timely responses, HOA's counsel sent three letters to Plaintiff regarding outstanding <0047004400570048000f00 00520051005600480056> have been received. (Skinner Decl., ¶ 7.) HOA moves to compel responses and to impose 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....

Excerpt: ...cident. Defendants served a subpoena on the Employment Development Department (EDD) for Plaintiff's disability records, but EDD would not release the records without Plaintiff's authorization. Defendants move to compel Plaintiff to authorize the release of the EDD records. On May 4, 2017, Plaintiff testified at his deposition that he previously received disability benefits, but defense counsel argues Plaintiff was not forthcoming as to the physic...

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

Excerpt: ... at a medical examination and to continue trial. Medical Examination On November 3, 2017, Defendant served a demand for physical examination on Plaintiff, scheduling her examination for January 17, 2018 with Charles Rosen, M.D. (Declaration of Matthew J. Deenhan, ¶ 3; Exh. A.) Plaintiff agreed to appear for an examination, subject to certain terms and restrictions. However, Plaintiff did not indicate any interpreter or translator was required to...

Excerpt: ...rial to September 5, 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.) Defendant argues that it was only r...

Excerpt: ...he summons and complaint to the person to be served, and service is deemed complete at the time of delivery. (Code of Civ. Proc., § 415.10.) If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, a summons may be served by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, usual place of business, or usual mailing address, in the p...

Excerpt: ...tions. 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 of any plead...

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: ...nts on Plaintiff. (Declaration of Maria Chaves Hawley, ¶¶ 2, 3, 4.) Defendant's counsel granted multiple extensions on Plaintiff's responses. (Hawley Decl., ¶¶ 5-8.) However, to date, no responses have been received. (Hawley Decl., ¶ 10.) 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...

Excerpt: ... an undertaking pursuant to Code of Civil Procedure section 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 be made on grounds that the plaintiff resides out of the state and there ...

Excerpt: ...lifornia Rules of Court, Rule 3.1362. Absent a showing of resulting prejudice, an attorney's request for withdrawal should be granted. (People v. Prince (1968) 268 Cal.App.2d 398, 406.) The Court notes trial in this matter is currently set for July 31, 2018 and no prejudice will result to Plaintiff in granting this motion. The unopposed Motion to be relieved as counsel is GRANTED. Counsel is ordered to give notice of this ruling. ...

Excerpt: ...or professional negligence relating to her dental care and treatment. On October 28, 2014, Plaintiff visited AFDC. Dr. Ramirez filled a cavity for Plaintiff and Dr. Melikyan attempted to perform a root canal on Plaintiff's tooth #19. (Undisputed Material Fact “UMF” Nos. 1, 2.) In Plaintiff's chart, Dr. Melikyan wrote that “during instrumentation very small piece of k-file separated in the mesial canal. Patient informed about it and she need...

Excerpt: ...��Insured”), who was insured by Liberty Insurance Corporation (“Intervenor”). Intervenor made workers' compensation payments to Plaintiff and seeks to intervene to pursue a subrogation claim against Defendants for recovery of the workers' compensation benefits paid. “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 transaction which is ...

Excerpt: ...ively, "the Guthy- Renker Defendants") in this action, along with Gregory Swartz: an active member of the State Bar of Califomia_ (Declaration of Dina M. Cox, 6, Declaration of Janelle P. Kilies: '16.) Cox is a member of the State Bar of Indiana (Cox Decl_, 2), resides in Indiana (Cox Decl_, 1): and does not regularly engage in business or reside in Califomia (Cox Decl_, '18). In the past tuo years, Cox has applied and been admitted to appear pro...

Excerpt: ...fendants' motion to strike the second cause of action for negligence per se and granted twenty (20) days leave to amend. On November 30, 2017, Plaintiff filed a First Amended Complaint (“FAC”) for negligence, strict liability at common law, and strict liability at statute. Defendants now move to strike the second and third causes of action of Plaintiff's FAC on grounds Plaintiff's FAC is untimely, and the second and third causes of action are...

Excerpt: ...an Ad Litem, Soledad Miramontes, filed an action relating to the same collision (Case No. BC661807), which was assigned to Department 93 of this court. On August 29, 2017, Thomas Won filed an action relating to the same collision (Case No. BC673939), which was assigned to Department 97 of this court. United Postal Service, Inc. now moves to consolidate these three actions. “When actions involving a common question of law or fact are pending bef...

Excerpt: ...ch. On October 31, 2016, McBride served Form Interrogatories, Set One; Special Interrogatories, Set One; and Requests for Production of Documents, Set One on Plaintiff. (Declaration of Timothy Gauthier, ¶ 2; Exh. A.) On December 30, 2016, Plaintiff served unverified responses. (Gauthier Decl., ¶ 3; Exh. B.) McBride now moves for an order compelling Plaintiff's verified responses to her Set One of discovery requests. On August 3, 2017, McBride s...