Excerpt: ...n she fell and sustained injuries to her left pinky. Defendant contends Plaintiff has not provided any evidence that her damages exceed $25,000.00 and moves to reclassify this action to limited jurisdiction. A motion to reclassify an unlimited civil case as a limited civil case may be granted only if the court determines that the plaintiff's claim necessarily involves less than $25,000.00—that a greater recovery “could not be obtained” or i...

Excerpt: ...f Defendant's written discovery requests. After Plaintiffs failed to serve responses and pay the monetary sanction in accordance with the Court's Order, the Court granted Defendant's motion for terminating sanctions on August 4, 2017 and dismissed this action with prejudice. Plaintiffs now move to set aside dismissal. “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, or...

Excerpt: ...ery, wherein she identified the areas of her body that were injured in the accident. (Declaration of Megan R. Lazar, ¶ 5; Exh. 2.) On January 16, 2018, Defendants issued six deposition subpoenas seeking Plaintiff's medical, billing, and health insurance records. (Lazar Decl., ¶ 6; Exhs. 3- <004d004800460057004c00 00480049004800510047[ants' subpoenas on grounds they were overbroad and violated Plaintiff's right to privacy. (Lazar Decl., ¶ 7; Ex...

Excerpt: ...ighborhood, as a defendant. Athens Services filed an <0003005000520059004800 0057004c005100580048> trial so that it may file a motion for summary judgment. Trial in this matter is currently set for April 19, 2018. A party seeking a continuance of the date set for trial must make the request for a continuance by a noticed motion or an ex parte application as soon as reasonably practical once the necessity for the continuance is discovered. (Cal. R...

Excerpt: ...negligence, premises liability, negligent hiring, supervision, and retention, and motor vehicle negligence relating to a May 27, 2015 incident where Plaintiff was allegedly pinned against a wall by a vehicle. Plaintiff was deposed on December 13, 2017, but was instructed not to answer questions regarding her tax returns and reported income. Defendants move to compel her answers to these deposition questions. “If a deponent fails to answer any q...

Excerpt: ...ment of Plaintiff by Defendants. Defendants move for summary judgment on grounds: (1) the care and treatment provided by Defendants was within the applicable standard of care; (2) no negligent act or omission by Dr. Shamban caused or contributed to Plaintiff's injuries; (3) no negligent act or omission by Ava T. Shamban, M.D., Inc. or Ava Samban, a medical corporation, which are separate business entities, caused or contributed to Plaintiff's inj...

Excerpt: ...are and treatment provided by Defendants on July 7, 2016. Defendants move to compel arbitration and to stay these proceedings pending completion of arbitration. “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determi...

Excerpt: ...ecial Interrogatories, Requests for Admissions, and Request for Production of Documents on Plaintiff. (Declaration of Lorin D. Snyder, ¶ 3; Exh. A.) On August 10, 2017, Defendant served Set Two of Form Interrogatories on Plaintiff. Defendant granted an extension on Plaintiff's responses. (Snyder Decl., ¶ 5.) Plaintiff's new counsel appeared and was granted additional time to respond until January 29, 2018. (Snyder Decl., ¶ 6; Exh. C.) However,...

Excerpt: ...agement conference and ordered any consolidated cases with the court file still located in Los Angeles Superior Court to have its transfer fees paid within seven days and transferred to Riverside County Superior Court. Defendants Motor Coach Industries, Inc. and MCI Sales and Service, Inc. (collectively, “Defendants”) move to compel compliance with Department PS2's order. First, it is unclear whether Plaintiffs were ordered or obligated to pa...

Excerpt: ...t to add Blanca Rodriguez (“Rodriguez”) as a plaintiff. “Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” (Code of Civ. Proc., § 576.) 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 add...

Excerpt: ... relating to this accident, and Defendants need to obtain her medical records relating to the surgery. 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 ca...

Excerpt: ...tember 18, 2017, Defendants served Form Interrogatories, Special Interrogatories, and Requests for Production of Documents on Plaintiff. (Declaration of David Hillier, ¶ 2; Exh. A.) Although Defendants granted multiple extensions on responses, Plaintiff has not served any responses to Defendants' discovery requests. (Hillier Decl., ¶¶ 3-11.) Defendants move to compel Plaintiff's responses and monetary sanctions. Where a party fails to serve ti...

Excerpt: ...ant 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 Court, Rule 3.1332.) Defendant...

Excerpt: ...y 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, subd. (a).) “If, after service of a deposition notice, a part...

Excerpt: ...nt moves to compel Plaintiff's responses to discovery, to deem admitted requests for admissions, to impose monetary sanctions, and to withdraw the admissions deemed admitted against Defendant on July 6, 2017. Compel and Deem Admitted On July 11, 2017, Defendant served Form Interrogatories, Special Interrogatories, Demand for Production of Documents, and Request for Admissions on Plaintiff. (Declaration of Hamed Amiri Ghaemmaghami, ¶ 2; Exh. A-D....

Excerpt: ...ed, mutilated, and murdered his girlfriend Iana Kasian (“Decedent”), who was the mother of Plaintiff Diana Kasian. Plaintiffs move to compel Defendant's deposition. 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 an...

Excerpt: ...ligence and premises liability. On September 29, 2016, Defendants filed their Answer, asserting comparative fault as their second affirmative defense. Plaintiff now moves for summary adjudication as to Defendants' second affirmative defense for comparative fault on grounds Defendants cannot show Plaintiff failed to exercise ordinary care and caution for his own safety. On February 15, 2018, the Court continued the hearing on this Motion to allow ...

Excerpt: ...chologist. In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff where: (1) the examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; and (2) the examination is conducted at a location within 75 miles of the residence of the examinee. (Code <000300440051005c000300 0048004e005600030057>o obtain discovery by a ...

Excerpt: ...ed. South Coast moves to transfer venue on grounds the property at issue is located in Huntington Beach, California and venue is proper in Orange County. On timely motion, the court must order a transfer of venue “when the court designated in the complaint is not the proper court.” (Cal. Code of Civ. Proc., §§ 396b, 397(a).) In an action “[f]or the recovery of real property, or of an estate or interest therein, or for the determination in...

Excerpt: ...ff in a prior personal injury action. The subpoena seeks “Any and all non-privileged information in your files regarding Alan Voong, DOB: July 8, 1982, SS # UNK, from any and all dates.” (Declaration of Megan R. Lazar, ¶ 5; Exh. 2.) Plaintiff served an objection to the subpoena. The parties met and conferred regarding narrowing the scope of the documents requested. Plaintiff moves to quash the subpoena on grounds it is overbroad and not narr...

Excerpt: ...ch Plaintiffs were passengers. <0048005500590048004700 00560003004900520055> Admissions on Defendant. (Declaration of Sunny G. Khehra, ¶ 3.) On February 20, 2018, Defendant served unverified responses. (Khehra Decl., ¶ 5.) To date, no verifications or verified responses have been served. (Khehra Decl., ¶ 8.) Plaintiffs seek an order deeming admitted requests for admissions and imposing monetary sanctions. Where a party fails to timely respond ...

Excerpt: ... Interrogatories, Special Interrogatories, and Demand for Inspection and Production of Documents on Plaintiff. (Declaration of Noelle D. Gonzalez, ¶ 1.) Defendant's counsel met and conferred with Plaintiff's counsel and granted extensions on responses, but has received no responses. (Gonzalez Decl., ¶¶ 2-6.) Defendant moves to compel Plaintiff's responses and to impose monetary sanctions. Where a party fails to serve timely responses to discov...

Excerpt: ...es Defendants negligently manufactured, supplied, installed, inspected, repaired, rented, maintained, distributed, and/or cleaned a refrigerator that leaked water or liquid, which created a dangerous condition on the floor, which Plaintiff slipped and fell on. Plaintiff alleges Defendants knew or should have known of this defect in the refrigerator and failed to fix or warn of the foreseeable harm. (Complaint, ¶ GN-1.) On August 10, 2017, the Co...

Excerpt: ...nor paid $33,996.78 in workers' compensation benefits to or on behalf of Plaintiff. Intervenor seeks to intervene to recover workers' compensation benefits it 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 the subject of the action and that person is so situated that the disposition of the action may as a practic...

Excerpt: ...ek leave to file a cross‐complaint. A party shall file a cross‐complaint against any of the parties who filed the complaint or cross‐ complaint against him or her before or at the same time as the answer to the complaint or cross‐ complaint. (Code of Civ. Proc. § 428.50, subd. (a).) Any other cross‐complaint may be filed at any time before the court has set a date for trial. (Code of Civ. Proc., § 428.50, subd. (b).) A party shall obt...

Excerpt: ...ant seeks to set aside default on grounds of mistake, inadvertence, surprise and/or excusable neglect. “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading pr...

Excerpt: ...May 7, 2018. Defendants move to continue trial and trial-related dates. Plaintiff filed a notice of non-opposition to Defendants' motion. 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 o...

Excerpt: ...ng 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 state they have been diligent in conducting discovery. However,...

Excerpt: ... was a tenant. (Undisputed Material Fact “UMF” No. 5.) Plaintiff alleges that on March 22, 2016, she went to take some trash down the hall to the trash room. (UMF No. 2.) It was windy in the hallway and the wind blew the trash room door open (UMF No. 3), causing it to swing open in such a sudden and violent manner that it knocked Plaintiff to the ground and caused her serious injury. Plaintiff alleges the trash room is located in a hallway wh...

Excerpt: ...ff and another student during school hours and on school property. <0051005700480055005500 00560003005200510003>Defendant. (Declaration of Shabnam Sarani, ¶ 2.) After an extension on responses, Defendant served responses on June 12, 2017. (Sarani Decl., ¶¶ 3, 4.) The parties met and conferred. (Sarani Decl., ¶¶ 5, 6.) On November 13, 2017, Defendant provided further responses. (Sarani Decl., ¶ 11.) On February 6, 2018, the parties participa...

Excerpt: ...s originally set for December 6, 2017. On November 13, 2017, the parties filed a stipulation to continue trial to March 29, 2018. The filed stipulation notes that only expert discovery would be continued to the new trial date. On December 7, 2017, Plaintiff served supplemental discovery requests on Defendant Kaitlin Elizabeth Kreig. (Declaration of Jesse E. French, ¶ 2; Exh. A.) Plaintiff seeks to compel Defendant's responses to supplemental dis...

Excerpt: ...e 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 he was not served with the Complaint until seven months after it was filed. (Declarat...

Excerpt: ...tiff served a Notice of Deposition on Defendant, seeking to depose the Person Most Knowledgeable (“PMK”) as to 8 categories and relevant documents responsive to 28 categories. Defendant's PMK did not appear for deposition and failed to produce any documents, or alternative dates for deposition. (Declaration of Steven H. Haney, ¶ 2.) Plaintiff served a second Notice of Deposition and Defendant objected to each document request. (Haney Decl., ...

Excerpt: ...liction of emotional distress relating to the death of Andy Quezada. On September 6, 2017, Villa Azusa HOA and Haven Management, LLC (“Defendants”) served Demand for Inspection and Production of Documents on Danny and Anthony. (Declaration of Michael V. Madigan, ¶ 2; Exh. A.) After several extensions, Danny and Anthony served written responses on January 5, 2018. (Madigan Decl., ¶ 3.) However, some demands responded that requested documents...

Excerpt: ...Plaintiff filed a demurrer to the cross complaint and a motion to strike portions of the cross complaint. Defendant failed to file an opposition. Before filing a demurrer or a motion to strike, the demurring or moving party is required to meet and confer with the party who filed the pleading demurred to or the pleading that is subject to the motion to strike for the purposes of determining whether an agreement can be reached through a filing of a...

Excerpt: ...0030044004f00 0046004400550044005d> negligently drove a vehicle that collided with its insured's vehicle, causing damages. Garcia was the registered owner of Alcaraz. Plaintiff now seeks default judgment in the amount of $25,427.25, against Alcaraz and Garcia, jointly and severally. However, Garcia's liability is premised solely on his ownership of the vehicle Alcaraz was driving. As such, his liability is limited to $15,000.00 for personal injur...

Excerpt: ...ul death. On February 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. Plaintiff settled his claims against Defendants and the Court approved the minor's compromise on April 1...

Excerpt: ... this Motion based on the parties' representations the action would be dismissed. The Court finds no request for dismissal has since been filed. II. FACTUAL BACKGROUND Pueblo Del Rio (“PDR”) is a low-income housing complex owned and operated by Defendant, a public entity. (Undisputed Material Fact “UMF” Nos. 1, 2.) On June 11, 2016, Plaintiff was at PDR to attend a repass for her cousin. (UMF No. 3.) Plaintiff was in the “front” of PD...

Excerpt: ...dmissions on Defendant. (Declaration of Omid Khorshidi, ¶ 2.) Plaintiff's counsel found Defendant's responses to be insufficient and engaged in meet and confer efforts, which failed. (Khorshidi Decl., ¶¶ 3, 4.) Plaintiff's counsel believed an Informal Discovery Conference (“IDC”) to be of no potential value. (Khorshidi Decl., ¶ 4.) Plaintiff moves to compel Defendant's further responses and to impose $5,585.00 in monetary sanctions agains...

Excerpt: ...terrogatories, Special Interrogatories, and Demand for Production of Documents on Plaintiff. (Declaration of Jennifer J. Lee, ¶ 2; Exh. A.) Having received no responses, defense counsel sent two letters and left a telephone message for Plaintiff's counsel regarding Plaintiff's responses to discovery. (Lee Decl., ¶¶ 3, 4, 5.) To date, Plaintiff has not served responses. (Lee Decl., ¶ 6.) Defendant moves to compel Plaintiff's responses and to i...

Excerpt: ...017, Qiu was driving a bus owned and operated by Liang and A&F, and designed, manufactured, assembled, and distributed by Starcraft. Plaintiff was a passenger on the bus and was injured in a collision between the bus and two vehicles. Plaintiff seeks punitive damages. Defendants Qiu, Liang, and A&F (“Moving Defendants”) move to strike punitive damages and related allegations from the Complaint. Any party, within the time allowed to respond to...

Excerpt: ...een door with a faulty lock. On November 8, 2017, in responses to Defendant's supplemental interrogatories, Plaintiff listed post-traumatic stress syndrome, stress, depression, mood swings, fear of dark, fear of living alone, and fear of being alone as mental complaints she attributes to the subject incident. Defendant seeks leave to conduct a mental examination by Ari Kalechstein, Ph.D. (“Dr. Kalechstein”). In any case in which a plaintiff i...

Excerpt: ...hbors and share a boundary line of their properties. Plaintiffs used to maintain hedges along that property line. Plaintiffs allege Defendant unilaterally trimmed their hedges, reaching over the property line and onto their property to do so, and continued to threaten to cut Plaintiff's fichus trees with which Plaintiffs replaced the hedges. Plaintiffs also allege Defendant verbally assaulted their nanny in front of their young children and as a ...

Excerpt: ...nses, $75,000.00 will be used for attorney's fees, and $19,146.80 will be used for non- medical expenses, leaving a balance of $102,926.60 to be deposited into an insured account subject to withdrawal only upon authorization of the court. Sarai will receive $37,500.00. If approved, $12, 865.82 will be used for medical expenses, $9,375.00 will be used for attorney's fees, and $2,393.35 will be used for non-medical expenses, leaving a balance of $1...

Excerpt: ...rst amended complaint (“FAC”) alleging causes of action for general negligence, premises liability, negligent infliction of emotional distress (“NIED”) and intentional infliction of emotional distress (“IIED”). The FAC includes a prayer for exemplary damages. The FAC in relevant part alleges that on March 23, 2016, as Plaintiff was leaving premises owned and controlled by Taco Bell, Plaintiff was pushed and struck in the head with a g...

Excerpt: ...counsel unilaterally granted an extension, but received no responses from Plaintiff. (Tiong Decl., ¶ 5.) Defendant now 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 order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted. (Code of Civ. ...

Excerpt: ...cial Interrogatories, Requests for Production of Documents, and Requests for Admission on Plaintiff. Plaintiff served unverified responses in August 2017 and stated verifications were forthcoming. On November 8, 2017, the parties participated in an Informal Discovery Conference (“IDC”) and Plaintiff was ordered to provide verifications by December 6, 2017. Plaintiff has not served verifications and Defendants move to deem admitted requests fo...

Excerpt: ...ross-Defendants”) for indemnity, apportionment of fault, and declaratory relief. Defendant substituted counsel on January 17, 2018, and seeks a trial continuance and to reopen discovery. Cross-Defendants join in Defendant's motion to reopen discovery. 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 fo...

Excerpt: ...e with the rear of the vehicle in which Plaintiff was a passenger, causing injuries to Plaintiff's shoulder, lower back, and neck. On July 12, 2016, Bustan filed a cross-complaint against Yechezkel for apportionment of fault, declaratory relief, and indemnification. On September 8, 2016, Yechezkel filed a cross- complaint against Bustan for contribution, indemnity, and declaratory relief. On November 15, 2017, Yechezkel filed an application for d...

Excerpt: ... 5, 2018, Plaintiff brought this motion ex parte, which was granted in part. Plaintiff moves to compel the deposition of Defendant's PMK before her deposition and that of her husband. Plaintiff also moves to continue trial and to continue discovery deadlines only as to expert discovery and properly-noticed depositions. Depositions <0055005900480047000300 00030052004900030037[aking of Deposition of Defendant's PMK on November 16, 2017. (Declaratio...

Excerpt: ...p.2d 398, 406.) The court notes trial in this matter is currently set for May 31, 2018. Due to the close proximity of trial, counsel is required to appear at the hearing to discuss the current status of this action. Further, Counsel's motion does not comply with California Rules of Court, Rule 3.1362. Specifically, Counsel failed to submit a Proposed Order (MC-053) with her moving papers. (Cal. Rules of Court, Rule 3.1362(e).) Counsel is ordered ...

Excerpt: ... a pedestrian, and causing serious injuries. On December 20, 2016, Plaintiff served written discovery requests. (Declaration of Alon M. Aliav, ¶ 3.) On September 25, 2017, the Court granted Plaintiff's motions to compel responses and awarded monetary sanctions against Defendant only. (Aliav Decl., ¶ 6.) On January 2, 2018, the Court heard Plaintiff's motion for terminating sanctions based on Defendant's failure to comply with the September 25, ...

Excerpt: ...al 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. Defendants Plaza, Mr. Weiss, and Mrs. Weiss (collectively, “Moving Defendants”) move for summary judgment. II. FACTUAL BACKGROUND The Plaza is located in Woodland Hills, California an...

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: ...te sufficient factual allegations supporting an award for punitive damages. Defendant's counsel sought to meet and confer with Plaintiff's counsel regarding the punitive damages prayer, but after leaving multiple voicemail messages, has not heard back from Plaintiff's counsel. (Declaration of Dhave K. Balatero, ¶¶ 3-6.) 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 p...

Excerpt: ...ar. (RodierDec1_, 2, 3, 5.) Applicant is not a resident of Califomia and does not regularly engage in business in Califomia_ (Rodier Decl_, '12.) Applicant has appeared in Califomia State Court once in the past two years. (RodierDecl_: 8.) Rodier's application complies with the requirements of Califomia Rules of Coun Rule 9 40, including serving notice and required fees on the State Bar of Califomia_ The application is GRANTED. It is ordered that...

Excerpt: ...rica (“Safeco”) seeks to intervene in this action on grounds that it has a direct interest in the litigation. Safeco provided insurance coverage for Defendants. However, Hempton was the named insured and Defendants have divorced since the subject-accident and neither Zellmer nor Safeco has been able to contact Hampton. Safeco seeks to intervene to defend Hampton in this action, since any award against Hampton will be paid by Safeco. “If any...

Excerpt: ...tion of Min N. Thai, ¶ 3.) Responses were due on December 13, 2017, but no responses were received from Defendant. (Thai Decl., ¶ 4.) Plaintiff now moves to compel Defendant's responses to Form Interrogatories and to deem admitted requests for admissions. Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code of Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc....

Excerpt: ...d Request for Production of Documents on Mehrabian. (Declaration of Stephen K. McElroy, ¶ 3; Exh. A.) Mehrabian served responses on January 5, 2018. (McElroy Decl., ¶ 4; Exh. B.) Plaintiff's counsel sent meet and confer letters to Defendant's counsel, but received no response. (McElroy Decl., ¶¶ 5-9.) Plaintiff moves to compel Mehrabian's further responses and to impose monetary sanctions. Trial in this matter is currently set for March 19, 2...

Excerpt: ..., 2017, Plaintiff personally served a deposition subpoena on Elena Tapia (“Deponent”) to appear for deposition on December 1, 2017. (Supplemental Declaration of Mahsa Farid, ¶ 2; Exh. F; Declaration of Heather Roth, ¶ 2.) On November 29, 2017, Defense counsel informed Plaintiff's counsel that she would represent Deponent for the purpose of this deposition only. Plaintiff's counsel took the deposition off calendar after learning Deponent nee...

Excerpt: ...I. FACTUAL BACKGROUND On April 17, 2015, Plaintiff underwent spinal surgery where her skin was closed with Steri-Strips, which are sterile guaze and Tegaderm, an adhesive component, and her eyes were taped with Tegaderm. (Undisputed Material Fact “UMF” Nos. 2, 3.) There were no adverse effects or reaction to the Tegaderm documented. (UMF No. 4.) On January 19, 2016, Plaintiff underwent a left hip arthroscopic femoroplasty, acetabular chondrop...

Excerpt: ...ber 11, 2017, Defendant served a subpoena for employment records on Johnson's Plumbing, seeking any and all employment records, including personnel records and performance evaluations, for Plaintiff. Plaintiff moves to quash or modify the subpoena on grounds it is overbroad and infringes Plaintiff's privacy rights. A deposition subpoena may request (1) only the attendance and testimony of a deponent, (2) only the production of business records fo...

Excerpt: .... Plaintiff's counsel now moves to vacate the dismissal and to reinstate the case based on counsel's inadvertence, surprise, or excusable neglect. “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code of Civ. Proc., § 473, subd. (b).) Appli...

Excerpt: ...dants”) move to stay these proceedings on grounds the court previously ordered the parties to arbitration. Further, Moving Defendants' insurance carrier is currently in the liquidation process and a District of Columbia court has ordered a stay of proceedings. Where a court has ordered arbitration of a controversy at issue in an action or proceeding pending before a court of this State, the court in which such action or proceeding is pending sh...

Excerpt: ... Amended Complaint adding a cause of action for general negligence. On January 16, 2018, the court granted Plaintiff's motion for leave to file a Second Amended Complaint (“SAC”). Plaintiff filed a SAC adding a prayer for punitive damages based on information she learned during discovery. Defendant owns the Baldwin Hills Crenshaw Mall Plaza, where there were a number of slip and falls outside Entrances 4 and 5. On February 7, 2015, Plaintiff ...

Excerpt: ...enses, leaving a balance of $11,480.50 for Claimant, to be deposited in an insured 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 25%...

Excerpt: ...s on Plaintiff. (Declaration of Thomas C. Sanford, ¶ 3; Exh. A.) Plaintiff has served no responses. (Sanford Decl., ¶ 4.) Defendants' counsel attempted to meet and confer with Plaintiff's counsel, but counsel's telephone number had been disconnected and discovery sent to his address were returned undeliverable. (Sanford Decl., ¶ 5; Exh. B.) According to the California State Bar website, Plaintiff's counsel is currently ineligible to practice l...

Excerpt: ...Declaration of Michael S. Mars, ¶ 2; Exh. A.) To date, Plaintiff has not served responses to Defendant's discovery requests. 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; Healthcare Consulting, Inc. v. Pacific Healthcare Consultant...

Excerpt: ...laration of Andrew K. Stefatos, ¶ 2; Exhs. A, B.) Although Defendant granted an extension on responses, Plaintiff served no responses to the supplemental discovery requests. (Stefatos Decl., ¶¶ 3, 4.) Defendant now seeks an order compelling Plaintiff's responses and imposing monetary sanctions. A party may propound a supplemental interrogatory or supplemental demand for production of documents to elicit any later acquired information bearing o...

Excerpt: ...o exercise reasonable care in maintaining the floor of their premises in a reasonably safe condition, failed to install a nonslip surface on the floor of their premises, and failed to warn Plaintiff of this dangerous condition. (Complaint, ¶ 9.) Food 4 Less moves for summary judgment on grounds Plaintiff cannot establish the breach or causation elements of his premises liability or negligence causes of action. II. LEGAL STANDARDS In reviewing a ...

Excerpt: ...d to file an opposition. Before filing a demurrer, the demurring party is required to meet and confer in person or by telephone with the party who filed the pleading demurred to for the purposes of determining whether an agreement can be reached through a filing of an amended pleading that would resolve the objections to be raised in the demurrer. (CCP § 430.41.) The demurring party shall file and serve with the demurrer a declaration stating ei...

Excerpt: ...atories, Set One and Demand for Production of Documents, Set One on Plaintiff. (Declaration of Sireen Sawaf, ¶ 2.) On February 9, 2017, City served Special Interrogatories, Set One on Plaintiff. (Sawaf Decl., ¶¶ 2, 3.) To date, City has not received any responses from Plaintiff to its discovery requests. City now seeks an order compelling Plaintiff's responses and imposing monetary sanctions. Where a party fails to serve timely responses to di...

Excerpt: ...l, which Defendant knew to be infested with bed bugs. Plaintiff alleges that even after complaints by him and other tenants regarding the bed bugs, Defendant did not take appropriate remedial action. On April 3, 2017, default was entered as to Rhajublai Patel dba La Brea Hotel and Rhajublai Patel, individually. Plaintiff now seeks default judgment in the amount of $30,829.96. The Court will grant judgment in a reduced amount as follows: compensat...

Excerpt: ...al expenses, leaving a balance of $199,091.12 for Claimant, to be invested in a single-premium deferred annuity set to pay when Claimant turns 25 years old. 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. However, Counsel seeks 40% of the settlement amount in attorney's fee...

Excerpt: ...l be used to pay medical expenses, $62,500, will be used to pay attorney's fees, and $9,456.97 will be used to pay non-medical expenses, leaving a balance of $115,543.03 for Claimant. From the balance, $65,000.00 is to be invested in a single- premium deferred annuity, and $50,543.03 is to be deposited in a Special Needs Trust (Attachment 19b(4)) (“SNT”). When a settlement proposes the establishment of a special needs or other trust as provid...

Excerpt: ...unitive damages prayer and related allegations on grounds Plaintiffs have failed to allege sufficient facts showing malice, fraud, or oppression. 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 deem...

Excerpt: ...or negligence, conspiracy, and intentional infliction of emotional distress relating to a January 21, 2015 automobile collision. As to the intentional infliction of emotional distress causes of action, Plaintiffs seek punitive damages. Defendants move to strike punitive damages prayer and related allegations from Plaintiffs' FAC. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole ...

Excerpt: ...ts for Production of Documents on Plaintiffs. (Declaration of Elham R. Rabbani, ¶ 4; Exh. A.) Plaintiffs responses were due by November 13, 2017. (Rabbani Decl., ¶ 5.) After receiving no responses, Defendants' counsel left telephone messages and sent a meet and confer letter requesting that Plaintiffs serve responses by December 28, 2017. (Rabbani Decl., ¶ 6; Exh. B.) Defendants' counsel has received no discovery responses or requests for addi...

Excerpt: ...(“Thorson”), a passenger in Defendants' vehicle, filed a complaint for bodily injuries. On February 6, 2017, Defendants served Form Interrogatories and Request for Production of Documents on Thorson. Thorson's responses were due by March 13, 2017. (Declaration of Kevin M. Maki, ¶ 4; Exh. A, B.) In May and June 2017, Defendants' counsel met and conferred with Thorson's counsel regarding the discovery responses. Thorson's counsel was relieved ...

Excerpt: ...ompany (“Intervenor”) provided workers' compensation insurance to Employer at the time of Plaintiff's injury and seeks to intervene to recover benefits paid to Plaintiff. Intervenor alleges to date, it has paid medical/indemnity payments in excess of $95,000.00 and seeks to file a complaint-in-intervention pursuant to Labor Code sections 3852 and 3853. “If any provision of law confers an unconditional right to intervene or if the person see...

Excerpt: ...tion for summary judgment's “supporting papers shall include a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed” and “[t]he failure to comply with this requirement of a separate statement may in the court's discretion constitute a sufficient ground for denying the motion.” (Code of Civ. Proc., § 437c, subd. (b)(1).) Without a separate statement of undisputed material ...

Excerpt: ... complaint (“FAC”). On November 13, 2017, pursuant to a stipulation between the parties, Plaintiff filed a second amended complaint (“SAC”). The SAC alleges causes of action for: (1) negligent supervision, breach of Education Code section 44807; (2) breach of mandatory duty pursuant to Government Code section 815.6; (3) assault; (4) battery; (5) negligence based on Government Code section 835; and (6) intentional infliction of emotional d...

Excerpt: ...on, 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 “Demurrer to Plaintiff's...

Excerpt: ...ver, Plaintiff served no responses. (Lewis Decl., ¶ 6.) Defendant now seeks an order deeming admitted Defendant's Requests for Admissions. 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 an...

Excerpt: ... punitive damages prayer based on insufficient allegations showing malice or conscious disregard of the rights and safety of others. 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)...

Excerpt: ... approximately 40 feet off a ladder. Trial in this matter is currently set for April 27, 2018. Defendants move to continue trial to September 28, 2018 so that Defendants' motion for summary adjudication may be heard and so that the parties may conduct additional discovery. 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 o...

Excerpt: ...eposition for February 8, 2018. (Declaration of Gregory E. Stone, ¶ 5; Exh. A.) In a January 26, 2018 letter, defense counsel offered to reschedule Plaintiff's deposition for an earlier date. (Stone Decl., ¶ 6; Exh. B.) On January 31, 2018, Plaintiff hand-delivered an objection to the deposition notice. (Stone Decl., ¶ 7; Exh. C.) As of the date of this Motion, defense counsel states Plaintiff has not provided any alternate dates for her depos...

Excerpt: ... Form Interrogatories, Special Interrogatories, and Requests for Production of Documents on Plaintiff. Plaintiff failed to serve any responses. On November 14, 2017, the Court granted City's Motions to compel Plaintiff's discovery responses and impose monetary sanctions. Plaintiff was ordered to serve responses to City's discovery requests and to pay $550.00 in monetary sanctions within twenty (20) days of the Court's order. (Declaration of Babak...

Excerpt: ...the Court granted Defendants' motion to compel Plaintiffs' responses to Form Interrogatories and Requests for Production of Documents. (Declaration of Edye A. Hill, ¶ 4; Exh. A.) Plaintiffs were ordered to serve responses to Defendants discovery requests and to pay $1,160.00 to Defendants' counsel within twenty (20) days. (Hill Decl., ¶ 6.) On October 26, 2017, defense counsel mailed notice of the Court's order to Plaintiffs' counsel. On Novemb...

Excerpt: ...r carelessly and recklessly made a turn into the bus station, causing Plaintiff to fall off her seat and be seriously injured. Defendant moves for summary judgment on grounds Plaintiff failed to file her complaint within six months of Defendant's claim rejection letter pursuant to Government Code section 945.6. II. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply a three-step analysis: “(1) identify the issues frame...

Excerpt: ...ffs allege that Defendant tortured, mutilated, and murdered his girlfriend Iana Kasian (“Decedent”), who was the mother of Plaintiff Diana Kasian. Plaintiffs seek punitive damages and now move for an order permitting pretrial discovery of Defendant's financial information. Generally, pretrial discovery of a defendant's financial condition is not permitted unless the trial court enters an order permitting such discovery. (Civ. Code, § 3295, s...

Excerpt: ... PharmMD (“Espinoza”), Cedars-Sinai Medical Center (“Cedars”), Ross Grant M.D. (“Grant”), Maya Mary <0011000300030033004f00 00030044004f004f0048>ge causes of action for (1) wrongful death (medical malpractice), (2) survival and (3) battery. The FAC in relevant part alleges the following: 1) on April 4, 2016, the defendants negligently provided medical care and treatment to decedent thereby causing decedent's death. (FAC ¶¶ 11-13); 2...

Excerpt: ...(May Decl_, 3), and has been admitted to appear pro hac vice twice in the past tuo years (May Decl_, '17). Applicant has complied with the requirements of Califomia Rules of Court, rule 9.40, including serving notice and the required fees on the State Bar of Califomia_ (May Decl_: '19.) The Application is GRANTED. It is ordered that Applicant be admitted to appear as counsel pro hac vice for the purpose of representing Defendant in this action. A...

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 on 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: ...45 will be used to pay non-medical expenses, leaving a balance of $4,746.55 for Tenni, to be deposited into an insured bank account subject to withdrawal only upon authorization of the court. Under the settlement, Stepan will receive $15,000.00. If approved, $2,475.05 will be used to pay medical expenses and $27.45 will be used to pay non-medical expenses, leaving a balance of $12,497.50 for Stepan, to be deposited into an insured bank account su...

Excerpt: ...nd S Apartments, Inc. and C and S Enterprises, LP (collectively, “Defendants”). (Declaration of Gerald Laderman, ¶ 3.) As of January 29, 2018, Plaintiff's counsel had not received Defendants' responses. (Laderman Decl., ¶ 5.) Plaintiff now seeks an order deeming admitted Requests for Admissions and imposing monetary sanctions. (Laderman Decl., ¶ 6.) Where a party fails to timely respond to a request for admission, the propounding party may...

Excerpt: ...n of Documents on Plaintiff. (Declaration of Sally L. Schubert, ¶ 2; Exh. A.) On March 2, 2017, Plaintiff served unverified responses. (Schubert Decl., ¶ 3; Exh. B.) To date, Plaintiff has not served verifications for his discovery responses. Defendant now moves to compel verified responses to his discovery requests and impose monetary sanctions. Where a party fails to serve timely responses to discovery requests, the court may make an order co...

Excerpt: ...ani, M.D. (“Dr. Amiri-Davani”), and Charita Eleby, R.N (“Eleby”) (collectively, “Defendants”), for medical negligence and loss of consortium. Dr. Amiri-Davani moves for summary judgment, or in the alternative, summary adjudication on grounds: (1) Dr. Amiri-Davani's care and treatment of Kerry, at all times, conformed with the standard of care for Emergency Medicine physicians under similar circumstances (Declaration of Ron Antelyes, M...

Excerpt: ...ave to file an amended answer to add the special defense of sudden emergency. The Court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading, including adding or striking out the name of any party, or correcting a mistake in the name of a party, or a mistake in any other <000c000b0014000c001100 00030047004c00560046[retion should be exercised liberally in favor of amendmen...

Excerpt: ...gust 2, 2017, Plaintiff died as a result of reasons unrelated to Defendants' alleged wrongful acts and omissions. (Declaration of Kathryn Arce, ¶ 3; Exh. A.) Kathryn Arce (“Mrs. Arce”), Plaintiff's surviving spouse and beneficiary of his estate, seeks to substitute as Plaintiff's Successor-In-Interest and to file a supplemental complaint adding a second cause of action for survival action. “A cause of action that survives the death of the ...