Excerpt: ...5. The complaint, filed October 16, 2015, alleges a single cause of action for negligence. Trial is set for February 1, 2018. Plaintiff moves to strike Defendant's untimely supplemental disclosure of expert witness information. Defendant opposes. LEGAL STANDARD Pursuant to CCP §2034.210, after setting an initial trial date, any party may obtain discovery by demanding that all parties simultaneously exchange information concerning each other's ex...

Excerpt: ...einafter “Defendant”) when they were tossed around in a crowded bus. The complaint, filed August 26, 2015, alleges causes of action for motor vehicle and general negligence. On October 11, 2016, the Court granted Defendant's motions to compel discovery responses from Plaintiffs and ordered that Plaintiffs provide verified responses within 20 days of notice of the Court's order, as well as each pay $600 in monetary sanctions to Defendant. On N...

Excerpt: ...omplaint on <00520055001d0003000b00 004a0048005100460048>; (2) negligence per se; and (3) loss of consortium. Plaintiffs move to compel the deposition of Defendant. Defendant opposes. Plaintiffs argue that they noticed Defendant's deposition a totally of 6 times. Plaintiffs argue that despite numerous attempts to reschedule and continue the deposition, Defendant has still not appeared for his deposition. On November 17, 2017, Plaintiffs issued th...

Excerpt: ... dba Sherman Oaks Hospital (“Defendant”). Defendant now moves for an order to impose terminating sanctions by dismissing this action and monetary sanctions against Plaintiff in the amount of $3,353.75 for reasonable attorney's fees and costs for bringing this motion. Alternatively, Defendant seeks the imposition of issue and/or evidentiary sanctions against Plaintiff, in addition to monetary sanctions. The motion is unopposed. LEGAL STANDARD ...

Excerpt: ...ant allowed a dangerous condition to exist on its store premises. The complaint, filed March 24, 2016, alleges a single cause of action for premises liability. The following facts are undisputed. Plaintiff was wearing rubber flip-flops on the day of the incident. (Fact 4.) She was walking approximately 5 feet behind her daughter-in-law, Yessenia Gonzalez, while carrying an item to purchase while in the Northridge Sears store. (Fact 5-6, 9.) Plain...

Excerpt: ...leges causes of action for premises liability and general negligence. On December 27, 2017, Plaintiff filed this instant motion for leave to file the proposed first amended complaint in order to add allegations to the already plead causes of action. (See Mot. at Ex. 2 [Proposed First Amended Complaint].) The motion is unopposed. LEGAL STANDARD CCP §473(a)(1) states: “The court may, in furtherance of justice, and on any terms as may be proper, ...

Excerpt: ...strike pertains to the action filed in BC615212 (Costa et al. v. Gonzalez et al.). The first amended complaint (“FAC”) filed in BC615212, alleges that Plaintiff Andrew Costa (“Plaintiff”) was injured when he was a passenger of Defendant Los Angeles Metro Transportation Authority (“LAMTA”) bus on October 8, 2015. He alleges that the vehicle driven by Gonzalez Defendants collided with the bus. The FAC was filed on May 1, 2017, and alleg...

Excerpt: ..., Inc. (“Jones Lang”), Jose Lima dba Tint Matters (“Lima”) and APW Bristol Parkway LLC (“APW”) were negligent in maintaining the property. The complaint, filed November 6, 2015, alleges causes of action for: (1) general negligence against “Jones Lang LaSalle Brokerage, Inc., et al” and Does 1 to 25; and (2) premises liability against Jones Lang, APW, and Lima. Lima filed a motion for summary judgment against Plaintiff, arguing tha...

Excerpt: ...lowers (“Defendant”). The complaint, filed June 8, 2016, alleges a cause of action for motor vehicle. Defendant filed two motions to compel nonparty Kevin Tien Do, M.D. (“Dr. Do”) and 3D Medical Diagnostics, Inc. (“3D Medical”) to comply with the depositions subpoenas issued on them. Defendant contends that Dr. Do and 3D Medical are among some of the medical providers that Plaintiff received treatment from. The motions are unopposed. ...

Excerpt: ...t and Lounge. The complaint, filed April 14, 2017, alleges causes of action for: (1) negligence; (2) premises liability; (3) negligent hiring, retention, and supervision; (4) NIED; (5) loss of consortium; (6) assault; (7) battery; (8) false imprisonment; and (9) IIED. Defendants/Cross-Complainants 13359 Corp. dba Stir and Najiba Rahmani (“Defendants”) move to compel witness, Ahmed Mansour Hamza, to appear for his deposition. Hamza (in pro per...

Excerpt: ...ourt notes that the parties have not yet engaged in an Informal Discovery Conference (“IDC”). <00560057004c0051000300 005100480055000f0003>filed a declaration stating that he has attempted to request a mutually agreeable IDC date from Claimant, but that instead of providing an IDC date, Claimant provided supplemental responses. Houvener states that there are still pending issues raised with the motion that need to be addressed, but fails to s...

Excerpt: ...she slipped on “black grease” used to lubricate the escalator. The complaint, filed May 3, 2017, alleges a single cause of action for negligence. On November 7, 2017, the Court granted Defendant Los Angeles World Airports' (sued as City of Los Angeles, “Defendant”) motion for undertaking. The Court ordered Plaintiff to file an undertaking in the amount of $13,161.00 within 30 days of notice of the Court's order. On December 8, 2017, Defen...

Excerpt: ... Defendant T-C Trio Apartments, LLC's (“Defendant”) on August 20, 2014. The complaint, filed August 12, 2016, alleges a cause of action for premises liability. On January 17, 2017, Defendant filed an answer to the complaint and a cross-complaint against Modern Parking, Inc. Defendant now moves for leave to file a cross-complaint for express indemnity, equitable indemnity, declaratory relief, and breach of contract against T.Y.P. Restaurant Gr...

Excerpt: ...ay 12, 2017, alleges causes of action for motor vehicle, general negligence, and exemplary damages. On September 22, 2017, default was entered against Defendant. Defendant filed this instant motion to set aside default on December 18, 2017, on the basis of defense counsel's mistake, inadvertence, surprise, or neglect, pursuant to CCP §473(b) and (d). Plaintiff opposes on the ground that Defendant himself did not provide his own declaration stati...

Excerpt: ...ctober 21, 2016. Defendant moves to reclassify the action as a limited civil case, arguing that the amount in controversy in this case is less than $25,000. On November 17, 2017, Plaintiff's counsel stated at the hearing that he was not served with the motion. That same day, Plaintiff filed declarations in opposition to the motion. Thus, the Court continued the motion to January 24, 2018. On January 8, 2018, Plaintiff filed an opposition. LEGAL S...

Excerpt: ... filed January 10, 2017, alleges causes of action for motor vehicle and general negligence. Plaintiff filed a motion to compel the deposition of Defendant and to request production of documents. Defendant opposes. LEGAL STANDARD <0048005500030056004800 00030044000300470048>position notice a party to the action, without having served a valid objection, fails to appear for examination, or proceed with it, or to produce for inspection any document, ...

Excerpt: ...ices, Inc., Del Rey Shores, LLC, Shores LLC dba Shores Apartment, and Byron Street aka Curtis Boyd (“Street”) for the wrongful death of her spouse Patrick Addo Odio-Kyene (“Decedent”). Plaintiff alleges that Decedent was shot and killed by Street on December 30, 2012, while on the premises of Del Rey Shores, LLC and Shores LLC dba Shores Apartment (“Shores”). At that time, Decedent had allegedly been working as a licensed security gua...

Excerpt: ...tional Distress, (3) Loss of Consortium, (4) Failure to Obtain Informed Consent, and (5) Breach of Fiduciary Duty. Plaintiffs allege that between September and December 2016, Defendant provided medical care to Plaintiff Aloyan that fell below the requisite standard of care. Further, Defendant failed to warn Plaintiffs of certain risks of certain procedures. On December 18, 2017, Defendant filed a demurrer to Plaintiffs' complaint. The court has c...

Excerpt: ...nvolves a motor vehicle accident that occurred on September 20, 2016, between Decedent Maria Guadalupe Gomez Chaires (“Decedent”) and Atwal, which led to Decedent's death. On October 20, 2017, Defendants filed their motion to transfer venue to Merced County concurrently with filing the answer. Defendants argue that Plaintiffs improperly filed this action in Los Angeles County, which has no nexus to the location of the incident or Defendants' ...

Excerpt: ...uments (“RPD”), set one. Thus, there are a total of four motions before the Court. On October 9, 2017, Defendants each served on Plaintiff the discovery requests. As of the filing of the motions, Defendants state that they have each not received responses from Plaintiff Defendants' unopposed motions to compel responses to the SROG and RPD are granted <004c00510057004c004900 00480055004800470003>to provide verified responses to Defendants' dis...

Excerpt: ...di commenced this action on March 29, 2016. The operative first amended complaint, filed July 22, 2016, alleges causes of action for: (1) wrongful death, gross negligence by Plaintiffs Gizella Clemmer, Isabel Bonyhadi, and Louis Bonyhadi; and (2) survival action by Plaintiff Estate of Gizella Bonyhadi. The action arises out of the wrongful death of Gizella Bonyhadi (“Decedent”) due to an injury she sustained on January 29, 2015, when she trip...

Excerpt: ...lieved as counsel on December 28, 2017. Counsel has filed the requisite forms pursuant to CRC Rule 3.1362. However, the MC-053 proposed order forms are stapled together with the moving papers. Counsel properly served Plaintiffs at their last known mailing address. Counsel states that he has been unable to confirm that the address is current, but has made efforts to mail the motion papers to their last known address, return receipt requested, call...

Excerpt: ...laint, filed December 29, 2017, alleges a cause of action for strict liability dog bite. Plaintiff moves for preference based on her age, pursuant to CCP §36(a). LEGAL STANDARD According to CCP §36(a), a party to a civil action who is over the age of 70 must be given preference if the party has a substantial interest in the action as a whole and the health of the party is such that a preference is necessary to prevent prejudicing the party's in...

Excerpt: ...scano during her delivery. As a result of Defendants' alleged negligence, Plaintiffs allege their child died during child birth in October 2015. The complaint, filed September 22, 2016, alleges 3 causes of action for negligence. Defendant Providence Health System—Southern California dba Providence Saint Joseph Medical Center (“Providence”) moves to for summary judgment/adjudication on the grounds that: (1) Providence met the standard of car...

Excerpt: ...ant filed a demurrer to the complaint on July 25, 2017. Before the court could rule on that demurrer, Plaintiff filed a First Amended Complaint on August 8, 2017. Plaintiff then filed a Second Amended Complaint on November 8, 2017. On December 14, 2017, Defendant filed a demurrer to Plaintiff's Second Amended Complaint and a motion to strike. The court has considered the moving papers, as no opposition was filed. DISCUSSION A complaint must conta...