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: ...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: ...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: ..., ¶¶ 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...