Excerpt: ...ry 18, 2018, Plaintiff filed motions to compel Defendant's further responses and monetary sanctions. On March 2, 2018, the parties participated in an Informal Discovery Conference (“IDC”) with the Court. At the IDC, Defendant was ordered to provide further responses. The only issue remaining is Plaintiff's request for monetary sanctions. “The court shall impose a monetary sanction . . . against any party, person, or attorney who unsuccessfu...

Excerpt: ...sing a walker (UMF No. 4), and alleges the front two legs of her walker got stuck in a tear in a rug located in the lobby of the Hotel, causing her to fall (UMF Nos. 2, 5). Defendant moves for summary judgment as to Plaintiff's complaint for premises liability. II. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply a three-step analysis: “(1) identify the issues framed by the pleadings; (2) determine whether the movin...

Excerpt: ...ismissed from this action. As to City, Plaintiff alleges liability for dangerous condition of public property. On July 3, 2015, Plaintiff was walking on a public sidewalk in Lawndale, California and tripped and fell on an alleged defective sidewalk. Plaintiff alleges the sidewalk was raised and was not open and obvious to persons exercising reasonable care. Plaintiff alleges the defective sidewalk constituted a dangerous condition, and that the d...

Excerpt: ...f Mark J. Giannamore, ¶ 7.) Plaintiffs' counsel avers his staff inadvertently filed a request for dismissal with prejudice by mistake, prior to submitting the Petition to Approve Minor's Compromise as to Myra Borgic. (Giannamore Decl., ¶§ 8, 9.) Dismissal was entered on May 24, 2017. Plaintiffs move to set aside dismissal so that the Court may adjudicate the settlement as to Myra. “The court may, upon any terms as may be just, relieve a part...

Excerpt: ...tertainment (“Cast & Crew”), HS Film, LLC (“HS Film”), Jerry Bruckheimer, Nicolai Fuglsig, Brian Henington (“Henington”), and Cast & Crew Payroll, LLC for injuries sustained while working on a movie set in New Mexico on February 7, 2017. Henington moved to quash service of the FAC and to dismiss him from the action on grounds the court lacks personal jurisdiction over him. On January 17, 2018, the Court continued the hearing on this M...

Excerpt: ...orm Interrogatories, Special Interrogatories, and Request for Production of Documents on D. Zamora. (Declaration of Dan Yakobian, ¶ 4; Exh. A.) D. Zamora has served no responses. (Yakobian Decl., ¶ 9.) Plaintiff now moves for an order compelling D. Zamora's responses to discovery 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. P...

Excerpt: ...f emotional distress, (3) premises liability, (4) respondeat superior, (5) general negligence, (6) negligent infliction of emotional distress, and (7) loss of consortium. This action arises out of a February 8, 2015 bar fight that occurred at El Potrero Club. John Doe 1 struck Hernandez in the eye with a glass beer bottle and John Doe 2, an unnamed security guard, eventually broke up the fight. As a result, Hernandez completely lost his right eye...

Excerpt: ...ed motions to compel Plaintiff's responses. Plaintiff filed no opposition to Defendant's motions to compel. (Ryan Decl., ¶ 5.) On October 20, 2017, the Court granted Defendant's motions to compel Plaintiff's responses to Defendant's discovery requests. Plaintiff was ordered to provide responses to discovery within thirty (30) days. (Ryan Decl., ¶ 6; Exh. A.) Plaintiff has failed to serve discovery responses in compliance with the Court's Order....

Excerpt: ...MF” No. 5.) Prior to her accident, Plaintiff had worked for the Guzman Law Group at the premises since March 2012. (UMF No. 4.) In late <0055005800460057004c00 00470048000300440057[ the premises (UMF No. 7), which Plaintiff was made aware of through building management (UMF No. 8). Plaintiff was aware construction was taking place on the P-1 entrance level walkway of the premises and observed that when work began, the P-1 patio area was complet...

Excerpt: ...lms Middle School (“Palms”), Derek Moriuchi (“Moriuchi”), John Mullaney (“Mullaney”), Amanda Millet (“Millet”), Julio Mendoza (“Mendoza”), Christopher Smith (“Smith”) and Does 1 to 20. On December 20, 2017, LAUSD, Palms, Moriuchi, Mullaney, Millet and Mendoza (collectively “Moving Defendants”) filed a demurrer to a first amended complaint (“FAC”). On January 25, 2018 Plaintiff filed an opposition and on February 1,...

Excerpt: ... complaint in relevant part alleges that on August 7, 2016, Ryan Halawi negligently operated a motor vehicle thereby causing a collision with Plaintiffs' vehicle. (Complaint ¶¶ 16- 21.) The complaint further alleges that Hassan Halawi and Zeinad Halawi owned the vehicle and gave Ryan Halawi permission to drive the vehicle despite knowing that Ryan Halawi had a provisional driver's license at the time of the incident and was transporting two pas...

Excerpt: ... the Court sustained a demurrer to the <004a004f004c004a004800 004a0055005200560056[ negligence against Del Pico and motor vehicle owner liability – permissive use of vehicle and negligent entrustment of motor vehicle against Barroso. The SAC in relevant part alleges the following: (1) on March 2, 2017, Barroso owned a vehicle with autopilot or self-driving features which require proper training. (SAC ¶ 5); (2) On this same date, Barroso gave ...

Excerpt: ... 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 det...

Excerpt: ... Bull Tavern (“Dirty Bull Tavern”), located inside the plaza. According to the Court's Reservation Management system, Defendant Dirty Bull Tavern reserved a hearing date on its motion for summary judgment for March 1, 2018. Defendants Plaza International, Stanley Weiss, and Stacey Weiss reserved a hearing date on their motion for summary judgment for March 16, 2018. However, the Weiss Defendants filed and served their motion for summary judgm...

Excerpt: ...Glendale Adventist Medical Center (“GAMC”) (collectively, “Defendants”) for wrongful death and survival action. Trial in this matter is currently set for March 20, 2018. On January 16, 2018, the Court granted Dr. Sloan's and Dr. Shenassa's ex parte application to continue trial. Dr. Huang had stipulated to a trial continuance to March 6, 2018, but at the ex parte hearing to continue trial, the Court continued trial to March 20, 2018. (Dec...

Excerpt: ...er 14, 2017, Defendants Lucas A. Gomez-Lemus and Pedro Santiago-Lemus (“Defendants”) served a deposition subpoena on Permanent General Assurance Corporation, Plaintiffs' automobile insurance provider. Plaintiffs move quash the subpoena on grounds it is overbroad. Any party may obtain discovery that is relevant to the subject matter involved in a pending action if the matter either is itself admissible in evidence or appears reasonably calcula...

Excerpt: ...r 29, 2017 with Geoffrey M. Miller, M.D., F.A.C.S. (Declaration of Jessica Carranza, ¶ 2; Exh. A.) Plaintiff failed to appear for the physical examination and Defendant incurred a “no show” fee from Dr. Miller's office. (Carranza Decl., ¶ 3; Exh. B.) Defense counsel attempted to meet and confer with Plaintiff to choose a mutually-agreeable date for her examination with Dr. Miller. However, Plaintiff never responded to defense counsel's meet...

Excerpt: ...rrogatories, Special Interrogatories, <000f00030033004f004400 00480055005900480047> her responses, which O'Reilly determined to be deficient. On November 22, 2017, the parties participated in an Informal Discovery Conference (“IDC”) with the Court. Plaintiff was ordered to provide further responses to O'Reilly's discovery requests by December 22, 2017. Plaintiff served further responses on December 22, 2017. However, there is a discrepancy as...

Excerpt: ...016 dog bite. Defendants move for summary judgment, or in the alternative, summary adjudication on five issues: (1) Defendants are entitled to summary adjudication on the affirmative defense of assumption of risk; (2) the First Cause of Action for strict liability under Civil Code section 3342 is barred by assumption of the risk; (3) the Second Cause of Action for strict liability at common law is barred by assumption of the risk; (4) the Third C...

Excerpt: ...y relating to a December 8, 2014 automobile accident. On October 25, 2017, the Court ordered Defendants to serve verified further responses to discovery requests and to pay monetary sanctions by November 14, 2017. (Declaration of Brian A. Carness, ¶ 10; Exh. A.) Plaintiff contends Defendants have failed to comply with the Court's Order and have refused to appear for their depositions. (Carness Decl., ¶¶ 11, 12.) Plaintiff now seeks terminating...

Excerpt: ...y 10, 2017, Plaintiff and Plaintiff's counsel failed to appear, and the Court dismissed the action without prejudice. Plaintiff now moves to set aside dismissal and to reinstate the complaint based on counsel's mistake, inadvertence, and 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 mist...

Excerpt: ...sed on his surprise and excusable neglect. “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall ...

Excerpt: ... Documents, Set Two on Defendant, requesting documents relating to her employment and employment contract. (Declaration of Todd D. Thibodo, ¶ 6; Exh. D.) On November 15, 2017, the parties participated in an Informal Discovery Conference (“IDC”) with the Court. Plaintiff contends that at the IDC, Defendant was ordered to provide her entire employment contract, with only compensation figures redacted. (Thibodo Decl., ¶ 8.) Defendant served su...

Excerpt: ...ion of Documents, Set Two on Defendant, requesting documents relating to her employment and employment contract. (Declaration of Todd D. Thibodo, ¶ 6; Exh. D.) On November 15, 2017, the parties participated in an Informal Discovery Conference (“IDC”) with the Court. Plaintiff contends that at the IDC, Defendant was ordered to provide her entire employment contract, with only compensation figures redacted. (Thibodo Decl., ¶ 8.) Defendant ser...

Excerpt: ... 2016 and Torres filed his Answer on March 20, 2017. Trial in this matter is set for June 18, 2018. Plaintiff seeks leave to file a First Amended Complaint (“FAC”). Specifically, Plaintiff seeks to add: (1) new defendants Rally's Crenshaw aka Rally's Hamburgers #6164 and Does 11- 100; (2) a new first cause of action for motor vehicle negligence; (3) a new second cause of action for general negligence; and (4) respondeat superior theory of leg...