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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ..., 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: ...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: ...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: ...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: ...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: ... 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: ...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: .... 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: ...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: ...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...