Excerpt: ...sociation now moves pursuant to CCP §473(b) to vacate the dismissal. The motion is timely as Plaintiff filed the motion within 6 months of the dismissal. Furthermore, Plaintiff provides the declaration of their counsel, John E. Gordon. Counsel states that his office became aware of the dismissal on January 30, 2018 when counsel accessed the Court's website. (Gordon Decl., ¶¶3, 11.) He states his office was not in receipt of any notices from th...

Excerpt: ...003002800540058004c00 004800550056000f0003>Inc. (“Plaintiff”) filed the “PLAINTIFF'S POSITION STATEMENT RE: MOTIONS TO COMPEL.” Plaintiff admits that Defendant's motion are well taken because at the time the discovery requests were propounded, Plaintiff had been under the control of a receivership. Plaintiff states that the receiver did not speak to Plaintiff about the discovery, but filed insufficient responses on his own. Thus, followin...

Excerpt: ...tories (“SROG”), set one; and (3) Request for Production of Documents (“RPD”), set one. Defendants also filed a motion for order deeming Requests for Admissions (“RFA”), set one, admitted. On September 25, 2017, Defendants served on Plaintiff the discovery requests. Defendants state they extended numerous courtesies and extensions regarding the outstanding discovery and attempted to meet and confer on several occasions. As of the fili...

Excerpt: ...causing him injury. The complaint, filed May 16, 2017, alleges a single cause of action for medical malpractice. Defendant Yeong An Sheu, M.D. and Defendant Vartan Tarakchyan, M.D. each filed three motions to compel discovery responses from Plaintiff. The motions are not opposed. DISCUSSION A. Dr. Sheu's Motions to Compel Discovery Responses On August 25, 2017, Dr. Sheu served on Plaintiff: (1) form interrogatories, set one; (2) special interroga...

Excerpt: ...ed in purchasing USA Safes' gun safe distribution business. On June 17, 2016, USA Safes, Defendant Maria Carmela B. Conde, Coker, and N&E entered into an asset purchase agreement whereby N&E agreed to purchase most of USA Safes' assets for over $1.2 million. (Compl., ¶12, Ex. A.) Plaintiffs alleges that they discovered that Defendants failed to make proper disclosures regarding their business, including their payroll methods and their sales reve...

Excerpt: ...rn California (“Defendant”) over their home. They allege they were covered under the policy at the time a fire broke out in their neighborhood on July 12, 2016. Plaintiffs allege that Defendant's repair estimate for their home severely undervalued their property. The First Amended Complaint (“FAC”), filed December 4, 2017, alleges causes of action for: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; ...

Excerpt: ... 2018, alleges causes of action for: (1) failure to provide meal periods; (2) failure to provide rest periods; (3) failure to provide overtime wages; (4) failure to pay wages upon termination; (5) failure to provide accurate itemized wage statements; (6) unfair business practices; (7) hostile work environment – harassment; (8) NIED; and (9) IIED. Mike McMillan filed a cross-complaint against Zachary McDonald, Daniel McDonald, Evelyn McDonald on...

Excerpt: ...kop are siblings. Sometime in 1993 or 1994, Roobik Nazarian and Jorj Nazari transferred monetary sums to Oji Akop's account to be used. Plaintiffs allege that in order to help Defendant Wahram Akop build his credit history, Roobik Nazarian allowed Oji Akop to buy the duplex in her and Wahram Akop's names to hold as co-trustees for Roobik Nazarian and Jorj. Plaintiffs allege they intended to sell the property and gave Wahram and Oji Akop the first...

Excerpt: ...of General Electric Capital Corporation. (Id., ¶1.) Plaintiff alleges on or about January 1, 2016, Defendant failed to make the monthly payment then due and owing, and failed to make any further payments. (Id., ¶7.) Pursuant to the agreement terms, Plaintiff has chosen to accelerate the remaining balance due and owing, which is $77,162.29. (Id., ¶8.) The complaint, filed August 12, 2016, alleges causes of action for: (1) breach of written agre...

Excerpt: ...Police Department (“Police Department”) is alleged to be a subdivision of Defendant City of Pasadena (“City”). (Id., ¶5) Defendant Michael Beck (“Beck”) is alleged to be a city manager for Pasadena, and Defendant Phillip Sanchez (“Sanchez”) is alleged to be the chief of police for the City's Police Department. (Id., ¶¶6-7.) <000300150016000f000300 004f004c004600480003[Department received a false complaint that Plaintiff assault...

Excerpt: ... action filed by Defendant Robert Bresler (“Defendant”) on July 20, 2017 at the Pasadena Courthouse (“UD Action”). The motion is not opposed. LEGAL STANDARD Motions to consolidate are permitted in “actions involving a common question of law or fact pending before the court.” (CCP §1048(a).) In such cases, the court “may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions co...

Excerpt: ...ty without any right. The property at issue is located at 406 E. Graves Avenue, Monterey Park, California 91755. MTC claims that it is the trustee, but it is a substituted trustee and not the original trustee. As a result, Plaintiff alleges the sale of his property to Defendant Breckenridge Property Fund 2016, LLC (“Breckenridge”) was wrongful. Plaintiff seeks damages, cancellation of the documents recorded on his property, and a declaration ...

Excerpt: ...ained on May 22, 2016 following an invasive surgical procedure. He alleges his vocal chords were damaged. Defendant Providence Health System – Southern California dba Providence Saint Joseph Medical Center (“Providence”) moves for terminating sanctions against Plaintiff for his failure to obey a court order dated January 12, 2018. The motion is not opposed. LEGAL STANDARD According to CCP §2023.030(d), the court may impose terminating sanc...

Excerpt: ...flooded the premises. Defendant field a cross-action against Clack Corporation (“Clack”) and Wave Cyber USA, LLC. On February 6, 2018, Clack filed a motion to compel the production of documents requested of Chelsey Sanderson, president of corporate Plaintiff, at deposition. On March 2, 2018, Defendant filed a joinder to Clack's motion. Plaintiff opposes the motion. REQUEST FOR JUDICIAL NOTICE Clack requests judicial notice of the case entitle...

Excerpt: ...(“Concept”) executed and delivered to Plaintiff a Merchant Credit Application, requesting a loan of <000300440003004f005200 00190015000f00130013[0.00 for Concept, to which Concept was to pay the loan back in weekly installments. Plaintiff alleges that Concept defaulted on the loan payments and defaulted on the loan, such that the total sum due to Plaintiff is $101,942.28. The complaint, filed December 10, 2009, alleges causes of action for: (...

Excerpt: ... United Walls, Inc. out as plaintiff in this action and substitute its assignee, Cristina Hubb (“Hubb”) as plaintiff. Defendant opposes. DISCUSSION CCP §368.5 states: An action or proceeding does not abate by the transfer of an interest in the action or proceeding or by any other transfer of an interest. The action or proceeding may be continued in the name of the original party, or the court may allow the person to whom the transfer is made...

Excerpt: ...s Diagnostics, Inc., Eugene Ravin, and Michael Goldman aka Mikhail Goldman (“Defendants”). This case arises from Plaintiffs' claim that Defendants engaged in wrongful conduct when they attempted to recover a debt for $906.50. On January 5, 2018, Plaintiffs voluntarily dismissed the complaint with prejudice. On January 8, 2018, Plaintiffs' counsel informed the Court that the case had been settled in its entirety. Now, before the Court, are two...

Excerpt: ...ges causes of action for: (1) intentional tort (trespass to chattel); (2) fraud (fraudulent misrepresentation); (3) fraud (negligent misrepresentation); and (4) intentional tort (conversion). Defendant demurs to each of the causes of action on the basis that they fail to allege sufficient facts to constitute a cause of action and that they are uncertain. Plaintiff opposes. DISCUSSION A. Demurrer Meet and Confer Requirement CCP §430.41(a) require...

Excerpt: ...partnership with Nagy's deceased husband and formed Gaboratory in 1995. Plaintiff has a 49% share of Gaboratory, while Nagy is a 51% shareholder. However, Plaintiff alleges by 2003, Nagy completely excluded Plaintiff from Gaboratory, started selling products to Asian markets, wrongfully converted the Gaboratory trademark into her name, and misrepresented to Plaintiff that Gaboratory was unprofitable. This action was commenced on August 24, 2015. ...

Excerpt: ...alleges that it entered into a series of attorney-client retainer agreements with Defendants Zee Law Group (“ZLG”) and Tappan Zee (“Zee”) (collectively, “Zee Defendants”) from 2004 to February 9, 2011. Union alleges that Zee Defendants failed to perform their obligations under the retainer agreements by failing to provide case status reports, timely costs billings, and accounting. The First Amended Complaint (“FAC”), filed March 2...

Excerpt: ... Plaintiff Orlando Cordon (“Plaintiff”) and Defendant Eugene N. Sun (“Defendant”). The first amended complaint, filed February 23, 2017, alleges causes of action for: (1) negligence; (2) negligence per se, Vehicle Code, §21950; (3) negligence per se, Vehicle <004f004800030026005200 00130016001100030003[ Defendant now moves to compel further responses to: (1) Special Interrogatories, set two (“SROG”); and (2) Defendant's Notice of Dep...

Excerpt: ...unit resulted in water damage, mold, and insect infestation, causing respiratory and visual injuries to Plaintiff. The complaint, filed August 18, 2017, alleges a single cause of action for premises liability. Specially appearing Defendants move to quash the service of process pursuant to CCP §418.10. Plaintiff filed an untimely opposition on February 9, 2018. Opposition papers were due <00030046004b0044005100 005200580055005700b6[s analysis. LE...

Excerpt: ...�� (In re Marriage of Falcone and Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion with regard to denying a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) CRC, Rule 3.1332 provides guidance and factors for the Court to apply in making a determination on whether to grant a motion to continue trial. Kenmissyr argues that good cause exists pursuant to CRC, Rule 3.1332 because Defendant Ama...

Excerpt: ...affirmative showing of good cause requiring a continuance.” (In re Marriage of Falcone and Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion with regard to denying a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) CRC, Rule 3.1332 provides guidance and factors for the Court to apply in making a determination on whether to grant a motion to continue trial. Defendants argue that good caus...

Excerpt: ...ion for each of the Defendants that he seeks to be relieved as counsel from on January 18, 2018. For each of these Defendants, Counsel has filed the requisite forms pursuant to CRC Rule 3.1362. Counsel states that he served the moving papers on each of the parties and Defendants he seeks to be relieved from by mail. Counsel was able to confirm each of the 3 Defendants' current addresses by telephone within the past 30 days. Counsel declares there...

Excerpt: ...00b001400 0c0003[ negligence, and (2) negligence per se. Plaintiffs allege that on February 7, 2016, Defendant Daniel negligently operated his vehicle so as to strike a pedestrian named Nadesan Ravichandran. After hitting the pedestrian, Defendant Daniel continued to drive and did not assist the pedestrian. Nadesan died from the injuries sustained in the collision. Plaintiffs filed a first amended complaint. Both the original and first amended co...

Excerpt: ...ied School District (“LAUSD”), and Does 1-30, alleging causes of action for (1) negligence (against Ramos), (2) negligent entrustment, (3) negligence (against City and LAUSD), (4) negligent hiring, and (5) dangerous condition of public property. Plaintiff alleges that on May 23, 2016, Defendant Ramos operated her vehicle negligently to collide with Plaintiff's vehicle during a left turn. Plaintiff also alleges that the traffic controller, emp...

Excerpt: ...ollowing causes of action: (1) Assault, (2) Battery, (3) Intentional Infliction of Emotional Distress, and (4) Negligent Infliction of Emotional Distress (“NIED”). Against Defendant Raiders, Plaintiff alleges the following causes of action: (4) NIED, and (5) “Negligence – Vicarious Liability.” Plaintiff alleges that on July 3, 2017, Defendant Smith, who was a player for Defendant Raiders' football team, attacked Plaintiff. Plaintiff all...

Excerpt: ...ong (“Plaintiffs”) allege that they lived on the premises located at 455 S. Union Avenue, #412, Los Angeles, CA 90017. They allege that Sok Chan Kong (“Decedent”) died as a result of a fire as a result of a faulty electrical wiring/system. The <0058004c0003002e005200 0048005600030056004b[e was injured as a result of the fire. Plaintiffs filed a petition for leave to file an action against Defendant Housing Authority of the City of Los Ang...

Excerpt: ... summons and complaint have been filed in this action. On October 10, 2017, no parties appeared for the Final Status Conference and the Court noted that there was no proof that Defendants had been served in this action. As no appearances were made and no communication was made with the Court as to why there were no appearances by counsel or the parties, the Court took the Final Status Conference off calendar. <004400570048000f000300 0055004400510...

Excerpt: ...ny and MSG Forum, LLC (“Defendants”). The complaint, was filed on July 26, 2017. The First Amended Complaint (“FAC”), filed December 4, 2017, alleges causes of action for premises liability and exemplary damages. Defendants move to strike the entirety of the exemplary damages attachment (page 5) from the FAC. The motion is not opposed. DISCUSSION Pursuant to CCP §436, the court may “[s]trike out any irrelevant, false, or improper matte...

Excerpt: ... & Co., Inc. and Merck Sharp Dohme, Corp. She alleges that Ahmadai and Defendant Casey Bryanne Harkavy collided, causing Ahmadai's vehicle to spin out and strike Plaintiff's vehicle. This impact caused Plaintiff's vehicle to be pushed backward into another vehicle. The complaint, filed May 19, 2015, alleges a cause of action for motor vehicle. Trial is set for April 24, 2018. By way of background, on December 6, 2017, the Court granted Merck Shar...

Excerpt: ...as born on October 6, 2015 and died on October 14, 2015. Plaintiff claim that Dr. Lopez provided negligent pre-natal care to Frances Vargas, resulting in the death of her newborn daughter. (Fact 1.) The complaint was filed on December 9, 2016 and the first amended complaint was filed on January 23, 2017. Defendant Jaime Lopez, M.D. now moves for summary judgment on the following grounds: (1) Dr. Lopez complied with the required standard of care i...

Excerpt: ... alleging causes of action for (1) negligence, (2) negligent hiring, and (3) premises liability. Plaintiff alleges that on November 27, 2015, Plaintiff was attacked by a third-party wielding a box cutter razor blade. At the time of the attack, Plaintiff was at Defendant's service station to refuel his vehicle. Plaintiff alleges that Defendant owed him a duty of care to protect from such third party criminal acts. Defendant demurred to the origina...

Excerpt: ...causes of action for premises liability and negligence. Defendant Steven Franklin Engel as trustee for the Engel Family Trust (“Defendant”, Doe 1 erroneously sued as “Engel Family Trust”) moves to dismiss the action for Plaintiff's failure to provide Court-ordered responses to Defendant's form interrogatories, set one, and demand for inspection and production of documents, set one. The motion is unopposed. LEGAL STANDARD Pursuant to CCP �...

Excerpt: ...h 29, 2014. The complaint, filed March 25, 2016, alleges causes of action for strict liability and negligence. Defendants move for an order compelling Plaintiff to attend her deposition on February 26, 2018 at 10:00 a.m. at the offices of Mark R. Weiner & Associates at 655 N. Central Avenue, Suite 1125 in Glendale, California. Defendant also request monetary sanctions. Plaintiff filed an untimely opposition. LEGAL STANDARD <0048005500030056004800...

Excerpt: ...nt to CRC Rule 3.1362. Counsel served Ralph Brooks at his last known mailing address, which was confirmed by a “Due Diligence Search, Internet Search, and Postal Search” within the past 30 days of filing the motion. Counsel also states that he is unable to confirm or locate an updated address for Ralph Brooks. According to Counsel's declaration, multiple efforts have been made to locate Ralph Brooks' current address. The proof of service show...

Excerpt: ...s then-residence at 1216 West 93rd Street, Los Angeles, CA 90044 (“93rd Street Property”). He alleges that he and his property manager, Defendant Rudy Vasquez (“Vasquez”) exchanged words and then Vasquez became angry and assaulted Plaintiff. The premises on which the attack occurred was owned, maintained, managed, and operated by Vasquez and Defendants Cyril Heffesse, Max Heffesse, and LA Properties Heffesse LLC (“Heffesse Defendants”...

Excerpt: ...on August 31, 2016. The Second Amended Complaint (“SAC”), filed October 30, 2017, alleges causes of action for motor vehicle and general negligence. Defendant moves to strike punitive damages allegations from the SAC. Plaintiffs oppose. DISCUSSION This is now Defendant's third time moving to strike punitive damages from the complaint, and thus the Court will not go into the standard of motions to strike and punitive damages again. In the SAC,...

Excerpt: ... the settlement agreement. Specifically, Defendant moves to enforce the CCP §998 Offer to Compromise and enter judgment in Plaintiff's favor in the amount of $99,999, pursuant to the terms of the offer to compromise. Plaintiff opposes. LEGAL STANDARD CCP §664.6 provides that “[i]f parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case...

Excerpt: ...d injury as a result of a negligent placement of a peripherally inserted central catheter (“PICC”) line at Defendant Long Beach Memorial Medical Center, resulting in the retention of an intravascular foreign object in Plaintiff's body. On January 19, 2018, Defendant Long Beach Memorial Medical Center (“LBMMC”) filed a motion for determination of good faith settlement between LBMMC and Plaintiff. The motion is unopposed. LEGAL STANDARD Cod...

Excerpt: ...riano. On October 12, 2017, Defendant served on Plaintiffs the RFAs. Defendant states that only unverified responses were provided. As of the filing of the motions, Defendant states that she has not received verified responses from Plaintiffs. Pursuant to CCP §2033.210, a party to whom RFAs have been directed shall respond in writing under oath separately to each request. Furthermore, “[u]nsworn responses are tantamount to no responses at all....

Excerpt: ...ge of Falcone and Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion with regard to denying a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) CRC, Rule 3.1332 provides guidance and factors for the Court to apply in making a determination on whether to grant a motion to continue trial. Defendants argue that good cause exists pursuant to CRC, Rule 3.1332 because the complaint was filed on De...

Excerpt: ...g a continuance.” (In re Marriage of Falcone and Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion with regard to denying a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) CRC, Rule 3.1332 provides guidance and factors for the Court to apply in making a determination on whether to grant a motion to continue trial. Defendant argues that good cause exists pursuant to CRC, Rule 3.1332(c)(3...

Excerpt: ...mplaint, filed October 13, 2016, alleges a cause of action for motor vehicle. Defendant moves for an order compelling Plaintiff's attendance at her independent medical examination (“IME”) and to complete her IME with Dr. Feuerman at his office at 16133 Venture Boulevard, Suite 1105, Encino, California on March 12, 2018 at 3:00 p.m. Plaintiff opposes. LEGAL STANDARD CCP §2032.020 provides that a party may obtain discovery by means of a physic...

Excerpt: ...urth floor, Plaintiff unknowingly stepped onto a 2-3-inch-long screw/bolt lying on the landing surface. She alleges her left foot shot up and she made an effort to catch herself, but her right foot got tangled on something on the landing floor. As she tried to grab the wall, she hit the light switch turning the only lightbulb off, and tumbled down the stairwell. The complaint, filed February 11, 2016, alleges a single cause of action for premises...

Excerpt: ...ant”). The complaint, filed February 5, 2016, alleges causes of action for negligence and negligence per se. Plaintiff filed a motion compelling deponent Defendant to attend and produce documents. Defendant opposes. LEGAL STANDARD Pursuant to CCP §2025.450, if after service of a deposition 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...

Excerpt: ...ir he sat on suddenly collapsed. The complaint was filed on July 2, 2015. The first amended complaint, filed April 18, 2017, alleges causes of action for negligence and premises liability. On May 18, 2017, CMW filed an answer and a cross-complaint for indemnification, apportionment of fault, declaratory relief, and express indemnity against Alera, United Stationers Supply Co., and Essendant Co. On September 12, 2017, CMW filed the first amended c...

Excerpt: .... (“Hy International”) and driven by Han Vinh Dam (“Dam”). (Fact 1, 3.) At the time of the accident, Wang was asleep but was awoken upon feeling the impact. (Fact 4-6.) The accident allegedly occurred when Defendant Vincent Nguyen's (“Nguyen”) vehicle collided with the bus. The complaint was filed January 13, 2016, and the first amended complaint was filed on January 29, 2016. Defendants Hy International, Inc. (“Hy International”)...

Excerpt: ...erved Plaintiff Francisco Ramos at his last known mailing address, which he was unable to confirm. However, Counsel made efforts to mail the motion papers to Plaintiff's last known address, return receipt requested, and calling Plaintiff's last known telephone number. Defense counsel was also served with the motion by mail. Counsel declares Plaintiff's conduct renders it unreasonably difficulty to carry out the employment and that there is lack o...

Excerpt: ...y, and (2) General Negligence. Plaintiff alleges that on August 9, 2017, Defendant negligently operated his motor vehicle which caused a collision with decedent Robert Terry's vehicle. Terry died on August 17, 2017 from injuries he sustained in the collision. On January 10, 2018, Defendant filed a demurrer to Plaintiff's complaint and a motion to strike. The court has considered the moving papers, as no opposition was filed. DISCUSSION Meet and C...

Excerpt: ...filed on March 15, 2016. Defendant filed two motions to compel depositions compliance with deposition subpoenas from non-parties: (1) Dong Myung Kim, D.D.S., and (2) Soung Cho, D.D.S. Defendant issued subpoenas for the production of business records on Pei's medical providers, including Dr. Kim and Dr. Cho. Pei objected to both subpoenas. Plaintiffs filed partial oppositions to the motions. LEGAL STANDARD If a subpoena requires the attendance of ...

Excerpt: ...rogatories (“SROG”), set one; and (2) Request for Production of Documents (“RPD”), set one. Dr. Shahangian filed a third motion to deem the truth of the matters admitted for Plaintiff's timely failure to respond to the Requests for Admissions (“RFA”), set one. On October 13, 2017, Dr. Shahangian served on Plaintiff the discovery requests. Dr. Shahangian's counsel attempted to contact Plaintiff's counsel (by telephone and letter), but ...

Excerpt: ...); Special Interrogatories, set one and two (“SROG”); and Form Interrogatories, set one (“FROG”). On January 26, 2018, counsel for both parties participated in an Informal Discovery Conference (“IDC”). The Court's notes with respect to the IDC indicate that the parties resolved their discovery dispute. It is likely that the parties may have agreed to a resolution of many of the substantive issues presented by way of the motions, howev...

Excerpt: ... Plaintiffs allege that Defendant OfficeMax Contract, Inc. (“OfficeMax”) employed Narvaez and owned/entrusted the vehicle to Narvaez. The accident occurred on November 6, 2015. The complaint, filed April 11, 2016, alleges causes of action for motor vehicle and general negligence. Defendants filed this motion to quash Plaintiff's deposition subpoenas directed at Maria Trotter and the Person Most Knowledgeable (“PMK”) at UC Irvine Health re...

Excerpt: ...es of action for general negligence and motor vehicle. <0053005700480050004500 00130014001a000f0003>Defendant was served with the summons and complaint on August 8, 2017 by substituted service. On September 29, 2017, the Court noted that proof of service had been filed with the Court, took the scheduled Final Status Conference off calendar, and vacated the Trial date. The Court set a Trial Resetting Conference for November 3, 2017, to allow Defen...

Excerpt: ...efendant Ammari Auto Center dba All Valley Battery Service (“Ammari”). The complaint, filed October 24, 2017, alleges causes of action for motor vehicle and general negligence. <0048005500590048005100 0051004a0048004f0048>s Metropolitan Transportation Authority (“LAMTA”) filed a petition for leave to intervene. The complaint in intervention (file stamped January 12, 2018) is filed against Soto and Ammari pursuant to Labor Code, §3852. Pl...

Excerpt: ...led a first amended complaint (“FAC”) on October 31, 2017 after a demurrer and motion to strike were filed against the original complaint. In the FAC, Plaintiff alleged causes of action for the following: (1) negligence, (2) assault and battery, (3) intentional infliction of emotional distress (“IIED”), and (4) false imprisonment. Plaintiff alleges that on June 20, 2016, Plaintiff went to the Kaiser Permanent Hospital Emergency Room to re...

Excerpt: ...practice against various healthcare defendants as a result of the care rendered to Decedent Haik Tsaturyan (“Decedent”). Plaintiffs allege that due to Defendants' negligent care of Decedent, Decedent passed away on May 30, 2015. The complaint, filed May 10, 2016, alleges 4 causes of action for professional negligence-wrongful death. The third cause of action of the complaint is alleged against Defendant Moshe Barnajian, M.D., Inc. Plaintiff a...

Excerpt: ...7, 2014. Plaintiff alleges that at the time of the accident, Freiburger was in the course and scope of employment of Defendant G.F. Lacaeyse Transport, Inc. (“G.F.”). The complaint was filed on February 9, 2016. G.F. filed two motions to compel depositions of non-parties: (1) Josue Gomez and (2) Amadeo ‘Camilo' Velasquez. The motions are not opposed. DISCUSSION Pursuant to CCP §1987.1(a), the court may make an order quashing the subpoena, ...

Excerpt: ...ther answers to form interrogatories, set one, and special interrogatories, set one. On December 4, 2017, counsel for both parties participated in an Informal Discovery Conference (“IDC”). The Court's notes with respect to the IDC indicate that the parties resolved their discovery dispute, subject to the receipt of code compliant responses. On January 19, 2018, Plaintiff's counsel, Raymond Ghermezian, filed a declaration in opposition to Defe...

Excerpt: ...g”). At that time, King was employed as a tour bus driver by the van's registered owner, Defendant Djajjar Hidouche dba Hollywood Exchange and Tours (“Hidouche”). The action was filed on April 15, 2016. On November 17, 2017, default was entered against King. Default judgment has not yet been entered. On January 5, 2018, proposed intervenor Zurich American Insurance Company (“Zurich”) filed a motion to intervene and set aside the default...

Excerpt: ... causes of action for general negligence and premises liability. Defendant GoldenVoice, LLC (sued as AEG Live Now Presents and The Fonda Theatre) moves to strike the punitive damages allegation in the form complaint at page 3, paragraph 14a(2). DISCUSSION Pursuant to CCP §436, the court may “[s]trike out any irrelevant, false, or improper matter” contained in the pleading or “[s]trike out all or any part of any pleading not drawn or filed ...

Excerpt: ...perty and negligence. On December 15, 2017, Defendant County of Los Angeles (“Defendant”) filed a motion to compel Plaintiff's supplemental (further) responses to demand to produce certain document and items, set two, numbers 15, 16, 20-26, and 28-30. These document requests seek information regarding her income as a realtor. <004500520057004b000300 0053004400550057004c[cipated in an Informal Discovery Conference (“IDC”). According to the...

Excerpt: ...ollided with Defendant Johan Martinez's vehicle, who was unexpectedly stopped in front of him. Ishou's vehicle was struck from behind by Defendant Maria Guadalupe Argueta's vehicle. The complaint filed on March 3, 2017, alleges causes of action for negligence and negligence per se. On Jun e1, 2017, Martinez filed a cross-complaint against Ishou and Argueta. On June 2, 2017, Uber filed a cross-complaint against Argueta. On August 8, 2017, Argueta ...

Excerpt: .... The other vehicle involved in the accident was driven by Defendant Rachel Barr, who was driving a vehicle owned by Defendant John Barr. The complaint, filed August 20, 2015, alleges causes of action for motor vehicle and general negligence by each Plaintiff. Rachel Barr moves to compel Plaintiffs' attendance at their physical examinations. The motion is not opposed. LEGAL STANDARD CCP §2032.020 provides that a party may obtain discovery by mea...

Excerpt: ... alleges that while being taken into custody by the Los Angeles County Sheriff's Department, the vehicle struck a third party vehicle, causing injuries to Plaintiff. The complaint, filed December 31, 2014, alleges causes of action for: (1) automobile liability/motor vehicle; (2) negligence; and (3) negligent hiring, training, and supervision. On September 28, 2016, Defendant Raudel Gomez (“Gomez”) filed a Notice of Partial Settlement, stating...

Excerpt: ...d by Defendants Joel Silver, Silver Pictures, and Silver-Katz Holdings (“Silver Defendants”), Defendant Martin Herrold (“Herrold”) furnished Decedent with cocaine and Silver Defendants furnished Decedent with excessive amounts of alcohol. They allege this contributed and caused the death of Decedent by drowning. The complaint, filed August 18, 2017, alleges a single cause of action for wrongful death. Silver Defendants move to strike page...

Excerpt: ...d at 160 S. Virgil Avenue in Los Angeles, which was managed by Defendant FF Properties, L.P. dba Fairfield Properties, L.P. (“Fairfield”). The complaint, filed May 23, 2017, alleges causes of action for common law strict liability, statutory strict liability, premises liability, and negligence. On June 29, 2017, Fairfield filed an answer to the complaint. On January 12, 2018, Fairfield filed this instant motion for leave to file a cross-compl...

Excerpt: ...ed on June 2, 2017. Defendant moves for terminating sanctions against Plaintiff for her failure to obey a court order. The motion is unopposed. The Court notes that Plaintiff is currently representing herself in propia persona, as her counsel withdrew on October 30, 2017. LEGAL STANDARD According to CCP §2023.030(d), the court may impose terminating sanctions dismissing <004900030057004b004800 0055005c000300530055>ocess includes failing to respo...

Excerpt: ... Counsel properly served Plaintiff Ashley Garcia at her last known mailing address, which was confirmed by telephone within the past 30 days of filing the motion. Defendant was not served with the motion as it has not yet been served with the summons and complaint nor has it appeared in the action. Counsel declares there is a breakdown in communication that has occurred and the conduct of Plaintiff has made it unreasonably difficult for Counsel t...

Excerpt: ...he motor vehicle accident occurred on April 10, 2016. The complaint, filed January 11, 2017, alleges a single cause of action for negligence-personal injury. On January 3, 2018, Defendants filed a motion to compel Plaintiff's compliance with an independent medical examination (“IME”). The motion is not opposed. LEGAL STANDARD CCP §2032.020 provides that a party may obtain discovery by means of a physical or mental examination of a party to t...

Excerpt: ...tories (“SROG”), set one, and Request for Production of Documents (“RPD”), set one. Plaintiff also filed a motion to deem the Requests for Admissions (“RFA”), set one, admitted and established as truth for the purposes for this action. On June 8, 2017, Plaintiff served on Defendant the discovery requests. As of the filing of the motions, Plaintiff states that he has not received responses from Defendant. Plaintiff's unopposed motions ...

Excerpt: ...leges causes of action for motor vehicle and general negligence. No proof of service of the summons and complaint have been filed in this action. On July 14, 2017, the scheduled Trial date, no appearances were made and no communication was made with the Court as to why there were no appearances. The Court ordered the action entirely dismissed without prejudice based on Plaintiffs' failure to appear and failure to prosecute, pursuant to CCP §581(...

Excerpt: ...o Plaintiff's truck, and haul it away. (Fact 1-2.) Plaintiff alleges he backed his truck up in front of the garage and while he was working, Defendant pushed the garage's remote control door opener, causing it to close and strike Plaintiff on the head. (Fact 3-4.) Plaintiff alleges he was injured as a result. (Fact 4.) The complaint, filed January 26, 2016, alleges a cause of action for negligence against Defendant. (Fact 1.) Defendant moves for ...

Excerpt: ...t be consolidated unless they are in the same department. A motion to consolidate two or more cases may be noticed and heard after the cases, initially filed in different departments, have been related into a single department, or if the cases were already assigned to that department.” (Local Rule 3.3(g).) The cases were deemed related on December 12, 2017. CCP §1048(a) provides that the Court may order a joint trial on matters that “involv[...

Excerpt: ...l injury. Plaintiff alleges that on September 16, 2015, there was a motor vehicle collision caused by Defendant Valenzuela which injured the Plaintiffs. Plaintiff also alleges that Defendants O'Brien and Figueroa owned the vehicle driven by Defendant Valenzuela. On November 14, 2017, Plaintiffs submitted an Ex Parte Application to amend the complaint as having been filed on September 18, 2017. The court denied the Ex-Parte Application without pre...

Excerpt: ...properly served Plaintiff Joshua Romero at his last known mailing address, which Counsel was unable to confirm. However, Counsel states he made efforts by mailing the motion papers to Plaintiff's last known address, return receipt requested, calling Plaintiff's last known telephone number, contacting persons familiar with Plaintiff (i.e., visiting the property in person and speaking with current resident and neighbors), conducting a skip trace as...

Excerpt: ...ne hand, and Defendant Alexander Harper Watts. Defendant Alexander Harper Watts was allegedly operating Defendants Cathy Watts and Andrew Watts' vehicle at the time. Plaintiffs also allege that a dangerous condition existed on the public roadway where the accident took place. The First Amended Complaint (“FAC”), filed October 23, 2017, alleges causes of action for: (1) negligence; (2) negligent entrustment; (3) negligent parental supervision;...

Excerpt: ...e of Defendant Raiser, LLC (“Raiser”) and that Raiser owned and entrusted the vehicle to Marquez. The complaint, filed September 20, 2016, alleges causes of action for motor vehicle and general negligence. On December 27, 2016, Raiser filed an answer to the complaint. On January 4, 2018, Raiser filed this instant motion for leave to file a cross-complaint against Robert Mueller for: (1) implied indemnity; (2) contribution; and (3) declaratory...

Excerpt: ...ciation of Metropolitan Los Angeles (“YMCA”), located in San Pedro. She alleges her instructor, Defendant Irma Contreras-Shaw (“Contreras”) negligently and without warning pushed her into the swimming pool, causing her to strike her left hip against the pool. For the purposes of this motion, it is undisputed that Plaintiff and her family joined the San Pedro YMCA because they wanted Plaintiff to practice swimming. (Fact 4.) In May 2009, C...

Excerpt: ...ause requiring a continuance.” (In re Marriage of Falcone and Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion with regard to denying a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) CRC, Rule 3.1332 provides guidance and factors for the Court to apply in making a determination on whether to grant a motion to continue trial. Plaintiffs argue that good cause exists pursuant to CRC, Rul...

Excerpt: ...action for motor vehicle negligence and negligence per se (Veh. Code, §21453(A)). Plaintiff moves to limit the fees for Defendant's expert witness Ronald Kvitne, M.D. Defendant opposes. EVIDENTIARY OBJECTIONS AND REQUEST FOR JUDICIAL NOTICE Plaintiff submits evidentiary objections to Defendant's evidence. Evidentiary objection nos. 1 and 2 to the Donna M. Maryanski declaration are overruled. Evidentiary objection no. 3 to Dr. Kvitne's declaratio...

Excerpt: ... dangerous condition on their property, which consisted of a stairway that led to Plaintiffs' residence. Plaintiffs allege Defendants negligently and carelessly attempted to repair the broken and dilapidated stairway, but that a step was still broken. On January 31, 2016, Anthony Dermenjian fell while descending the stairs because the stairs suddenly collapsed. The complaint was filed on December 7, 2016. The first amended complaint, filed March ...

Excerpt: ... 2017, alleges causes of action for: (1) general negligence; (2) negligence per se; (3) common law liability for scienter; and (4) battery. Plaintiff moves to for leave to file the proposed First Amended Complaint (“FAC”) and moves to compel the deposition of Defendant. The motion for leave to file the proposed FAC is not opposed. Defendant opposes the motion to compel her deposition. MOTION FOR LEAVE TO FILE THE FAC A. Legal Standard CCP §4...

Excerpt: ...fendants' treatment of Plaintiff was negligent. Defendant Dr. Afar Noho Dental Group, Inc. (“Dental Group”) moves for summary judgment on the grounds that there is no triable issue of material fact and that the action against Dental Group was filed after the expiration of the one year statute of limitations under CCP §340.5. Plaintiff opposes. REQUEST FOR JUDICIAL NOTICE Dental Group requests judicial notice of the California Secretary of St...

Excerpt: ...dants S.B., Inc., dba Sherman Bros. Heavy Trucking (“S.B.”) is alleged to the employer of Bagley and the owner of the vehicle driven by Bagley. The complaint, filed January 30, 2017, alleges causes of action for motor vehicle and general negligence. <00030003000300030003000300030003000300030003000300320051000300300044005c000300150018000f0003001500130014001a000f0003003600110025001100030049004c004f00480047000300440003004600550052005600560010004...

Excerpt: ...he spelling provided by Plaintiff in the complaint), and Does 1-25, alleging a cause of action for negligence. Plaintiff alleges that on August 1, 2015, Defendants committed negligence that resulted in injury to Plaintiff. On December 26, 2017, Defendant Kuenniger filed a demurrer to the complaint. The court has considered the moving papers, as no opposition has been filed. DISCUSSION Defendant Kuenniger demurrers to the complaint on the grounds ...

Excerpt: ...Interrogatories (“SROG”), set one; and (2) Request for Production of Documents (“RPD”), set one. <00510057004c0049004900 00460052005900480055>y requests. As of the filing of the motions, Defendant states that it has not received responses from Plaintiff. Defendant's unopposed motions to compel responses to the FROG, SROG, and RPD are <0013001300110003000300 00490003004c00560003>ordered to provide verified responses to Defendant's discover...

Excerpt: ... The complaint, filed February 29, 2016, alleges a cause of action for premises liability. Trial is set for February 20, 2018. Plaintiff moves for leave to designate her experts pursuant to CCP §473(b). Defendant opposes. LEGAL STANDARD CCP §2034.710 provides: (a) On motion of any party who has failed to submit expert witness information on the date specified in a demand for that exchange, the court may grant leave to submit that information on...

Excerpt: ...ndant informed her that she had terminal ovarian cancer and would require surgery. After Defendant performed tests, she informed Plaintiff that the results indicated Plaintiff did not have cancer. Plaintiff alleges Defendant was negligent for prematurely diagnosing her prior to an ultrasound. Defendant moves for summary judgment on the grounds: (1) Defendant complied with the required standard of care in treating Plaintiff, negating breach of dut...

Excerpt: ... 2016, alleges causes of action for negligence and motor vehicle. No proof of service of the summons and complaint have been filed in this action. On September 5, 2017, no parties appeared for the Final Status Conference and the Court noted that there was no proof that Defendants had been served in this action. As no appearances were made and no communication was made with the Court as to why there were no appearances by counsel or the parties, t...

Excerpt: ...sale (“Defendant'). He alleges he slipped and fell due to a bumpy and slippery substance on the premises. The complaint, filed September 27, 2016, alleges causes of action for negligence and premises liability. Defendants move to dismiss the action for Plaintiff's failure to provide Court-ordered responses to Defendant's special interrogatories, set one (“SROG”). LEGAL STANDARD Pursuant to CCP §2023.030, the court may impose sanctions for ...

Excerpt: ...nt Reconstruction Institute of Los Angeles. Arthritis and Joint Reconstruction Institute of Los Angeles was dismissed from the action. Dr. Penenberg moves to compel the deposition of Dr. Bal Rajagopalan, M.D., one of Plaintiff's treating physicians. Dr. Penenberg argues that he noticed and subpoenaed Dr. Rajagopalan for deposition for August 25, 2017, but Dr. Rajagopalan requested and Dr. Penenberg agreed to continue the deposition date to Novemb...

Excerpt: ...an Audilio Moreno (“Defendant”) that occurred on June 17, 2014. The complaint, filed March 15, 2016, alleges a cause of action for motor vehicle. Defendant filed two motions: (1) a motion to compel A+ Day Spa Massage (“A+ Day”) to comply with a deposition subpoena; and (2) a motion to compel the subsequent deposition of Plaintiff Yinji Pei (“Pei”). The first motion is not opposed. Plaintiffs oppose the second motion. MOTION TO COMPEL ...

Excerpt: ...at Defendant negligently maintained the premises such that when Plaintiff placed merchandise back on a shelf, another unit of merchandise became unstable, fell on the floor, spilled its liquid contents on the floor, and caused Plaintiff to slip and fall on a growing puddle. The complaint, filed November 10, 2016, alleges causes of action for premises liability and negligence. On October 20, 2017, Defendant filed the instant motion for summary jud...

Excerpt: ...d sustain injuries. The complaint, filed June 28, 2017, alleges a single cause of action against Defendants City of Los Angeles and City of Los Angeles Department of Recreation and Parks (“Defendants”) for: (1) dangerous condition on public property (Gov't Code, §835). Plaintiff moves for an order pursuant to CCP §2025.420 et seq., for a protective order for Defendants to take the deposition of Plaintiff at her residence because she is 96 y...

Excerpt: ...er, “Legget”) (collectively, “Plaintiffs”) and Defendants Daniel Pudwill and Kristin Pudwill (“Pudwill Defendants”). The complaint was filed on July 10, 2017. The operative First Amended Complaint, filed July 28, 2017, alleges causes of action for motor vehicle and general negligence. On September 21, 2017, Pudwill Defendants filed a cross-complaint for indemnity, partial indemnification, and declaratory relief, against Legget. Legget...

Excerpt: ...omobile Insurance Company (“State Farm”) (jointly, “Defendants”), alleging causes of action for (1) Motor Vehicle – Personal Injury, (2) General Negligence, (3) Assault, and (4) Battery. Plaintiff alleges that on February 7, 2016, Defendant Maillet was drunk driving when she rear-ended Plaintiff and then proceeded to exit her vehicle and assault and batter Plaintiff, causing him injury. On December 1, 2017, Defendant Maillet filed a dem...

Excerpt: ...ROG”), set one; and (3) Demand for Inspection and Production of Documents (“DIPD”), set one. On July 14, 2017, Defendant served on Plaintiff the discovery requests. As of the filing of the motions, Defendant states that it has not received responses from Plaintiff. Defendant's unopposed motions to compel responses to the FROG, SROG, and DIPD, are granted pursuant to CCP §§2030.290 and 2031.300. Plaintiff is ordered to provide verified res...