Excerpt: ...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 <0052005300530052005600 48005600110003[ DISCUSSION Govern...

Excerpt: ...background, it is important to note that on August 27, 2015, Plaintiff first filed an action against Bruckheimer J & L Family Trust, Jerry Bruckheimer, Linda Bruckheimer, and Charles Fitzer in Case No. BC592624. The parties in that action attended a private mediation on November 2, 2016, and the parties reached a settlement on November 4, 2016. Thereafter, Plaintiff filed a request for dismissal with prejudice against Bruckheimer J & L Family Tru...

Excerpt: ...nst Respondents Gloria Alvarado, Roberto Alvarado, and Gerardo Alvarado (“Respondents”), seeking a dismissal with prejudice of Respondents' arbitration claims. Alternatively, Petitioner seeks evidence sanctions precluding Respondents from presenting any evidence not produced in discovery. The motion is unopposed. LEGAL STANDARD According to CCP §2023.030(d), the court may impose terminating sanctions dismissing <004900030057004b004800 005500...

Excerpt: ...rd, Reseda, California. The incident occurred on May 25, 2014. The complaint, filed on October 9, 2015, alleges causes of action for: (1) negligence, and (2) loss of consortium by Plaintiff Patrick Leitheiser. Defendant The Vons Companies, Inc. (“Vons”) moves for summary judgment in its favor against Plaintiff on the grounds that: (1) Patricia Leitheiser's claim for negligence fails as a matter of law because Vons was not negligent in the use...

Excerpt: ...Tornabane”) and Justin Spencer's (“J. Spencer”) <0048004a00480056000300 00490003004400460057[ion for: (1) strict liability against Tornabane and J. Spencer; (2) general negligence against Tornabane and J. Spencer; and (3) general negligence against Defendants Azusa Foothill Village Homeowner's Association and Wheeler-Steffen Property Management, Inc. Tornabane moves for summary judgment on the complaint on the grounds that there are no tria...

Excerpt: ...or (1) motor vehicle, and (2) general negligence. Plaintiff alleges that on November 2, 2015, Plaintiff tripped and fell while existing a bus operated by the City, and that the fall occurred because of the City's negligence. On December 28, 2017, the City filed a demurrer to the complaint and a request for judicial notice. The filings by the City contained the wrong case number, and City filed an amended demurrer and request for judicial notice o...

Excerpt: ...nd (2) premises liability. Defendant VRC filed a demurrer to the complaint on November 13, 2017. However, Plaintiffs filed a first amended complaint (“FAC”) on December 4, 2017. In addition, Plaintiffs amended the complaint to substitute the true name of Doe 2 as Viking River Tours Ltd. on the same date. Plaintiffs allege that on March 27, 2017, Donald Kreps, who later died from his injuries, tripped and fell while walking down a stair inside...

Excerpt: ... Capuchino Sanches. Also on October 17, 2017, Plaintiff filed a motion seeking leave to file a first amended complaint. On November 15, 2017, the court granted Plaintiff's request. On November 20, 2017, Plaintiff filed the first amended complaint (“FAC”) alleging 13 causes of action including multiple claims for intentional tortious conduct, and negligent conduct by Defendants. Defendants Wedgewood, Maxim, and Niseko (“Wedgewood Defendants�...

Excerpt: ...hicle owned by Defendant City of Los Angeles (“City”). The complaint, filed October 7, 2016, alleges causes of action for motor vehicle and general negligence. <004400550057004c004600 00510003004400510003>informal discovery conference (“IDC”), but were unable to come a resolution. Before the Court is City's motion to compel further discovery responses, including the production of Plaintiff's records from the Los Angeles Fire Department (�...

Excerpt: ...nt, filed January 11, 2017, alleges a single cause of action for negligence-personal injury. On November 15, 2017, Plaintiff filed a motion to quash subpoena of Defendants' subpoenas to UCLA David Geffen School of Medicine and Columbia University Office of General Counsel. Defendants oppose. LEGAL STANDARD If a subpoena requires the attendance of a witness or the production of documents, the court may, upon motion reasonably made, may make an ord...

Excerpt: ...as commenced on February 21, 2017. Defendant moves for terminating sanctions against Plaintiff for her failure to obey multiple court orders. The motion is unopposed. The Court notes that Plaintiff is currently representing herself in propia persona, as her counsel withdrew on January 8, 2018. LEGAL STANDARD According to CCP §2023.030(d), the court may impose terminating sanctions dismissing <004900030057004b004800 0055005c000300530055>ocess inc...

Excerpt: ...iff alleges that on June 23, 2015, Defendant performed an anterior cervical discectomy and fusion (the “surgery”) and that Defendant used materials that Plaintiff did not consent to during the surgery. On October 17, 2017, Defendant filed a demurrer to Plaintiff's complaint. A hearing was held on the demurrer on November 15, 2017. The court sustained defendant demurrer as to the second cause of action for failure to state sufficient facts to ...

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: ... Plaintiff also alleges that Defendant West Hollywood Properties, LLC maintained a dangerous condition on its property by allowing a five-foot-high hedge grow on their property and obstruct the view of traffic. The complaint, filed July 14, 2017, alleges causes of action for motor vehicle, general negligence, and premises liability. Plaintiff filed a motion to compel the deposition of Pitchford and to request production of documents. Pitchford op...

Excerpt: ... the death of his mother, Grace Attridge Ramsey (“Decedent”). Plaintiff alleges that on February 11, 2016, Decedent tripped and fell while going to get her mail, causing her to suffer injuries that resulted in her death on April 23, 2016. The complaint, filed June 1, 2017, alleges causes of action for negligence/premises liability and negligence per se. On November 3, 2017, Seth Eberthardt and Myrna Eberthardt (“Eberthardt Defendants”) fi...

Excerpt: ...aintiff alleges that she has cancer and that Bradshaw's conduct caused her health to take a devastating impact. The complaint, filed October 4, 2017, alleges a single cause of action for professional negligence. Defendants Bradshaw and The Total Health Center Acupuncture and Natural Medicine, Inc. (“Defendants”) move for an order compelling arbitration. Plaintiff opposes. DISCUSSION On March 17, 2016, prior to Bradshaw performing treatment on...

Excerpt: ...e accident occurred on October 7, 2015. The complaint, file June 21, 2016, alleges causes of action for: (1) motor vehicle; and (2) general negligence. Defendant Camille Chavez (“Chavez”) moves to compel Plaintiff Carol Lynn Sandate to submit to a physical examination and for an order imposing sanctions. The motion is unopposed. LEGAL STANDARD CCP §2032.020 provides that a party may obtain discovery by means of a physical or mental examinati...

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

Excerpt: ... Negligence. Plaintiff alleges that on January 17, 2015, she tripped and fell on a “dangerous condition on the sidewalk” causing her to suffer injuries. On October 3, 2017, Defendant the City filed a demurrer to Plaintiff's complaint. The court sustained the demurrer as to the first cause of action with 20 days leave to amend. In addition, the court sustained without leave to amend as to the second cause of action. On November 21, 2017, Plain...

Excerpt: ...ndant”) as Doe 1. Plaintiff alleges that a stent was left in her body, as the result of a surgical procedure performed by defendants, for 13 years. After the stent was found, it was removed on August 23, 2015. On December 18, 2017, Defendant filed a demurrer to the complaint. The court has considered the moving papers, as no opposition has been filed. DISCUSSION Meet and Confer Requirement Before filing a demurrer, the demurring party is requir...

Excerpt: ...ing negligence. Plaintiff alleges that on April 5, 2017, Plaintiff was injured at Martin Luther King Jr. Elementary School when he was exposed to dangerous objects on the playground of the school during a period of no supervision. On December 6, 2017, Defendant filed a demurrer to Plaintiff's complaint. The court has considered the moving papers, as no opposition was filed. // // DISCUSSION Meet and Confer Requirement CCP section 430.41(a) requir...

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: ...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: ... Special Interrogatories, set one; and (2) Production of Documents, 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. It is likely that the parties may have agreed to a resolution of many of the substantive issues presented by wa...

Excerpt: ...tiff alleges that on January 25, 2017, Defendant negligently operated his motor vehicle and caused a collision with Plaintiff's vehicle. On December 12, 2017, Defendant filed a demurrer to the FAC alleging that the claims are barred by res judicata and collateral estoppel. The court has considered the moving and opposition papers. DISCUSSION Meet and Confer Requirement Before filing a demurrer, the demurring party is required to meet and confer w...

Excerpt: ...he subject incident occurred at 530 Bogue Road, Yuba City, CA 95991. (Compl. at p.5.) The complaint, filed on June 7, 2017, alleges causes of action for premises liability and general negligence. Defendant Tower Energy Group, dba Tower Market (“Tower”) filed an answer on November 6, 2017. Tower moves for an order for change of venue of this matter to Yuba County Superior Court. The motion is opposed. LEGAL STANDARD A motion to change venue on...

Excerpt: ...ies and neurological damages. Plaintiff moves the Court for an order confirming that the present trial date of October 5, 2018 as a preferential trial date, pursuant to CCP §36(b) and (g). Defendant Kaiser Foundation Hospitals and Southern California Permanente Medical Group (“Kaiser”) filed a notice of non- opposition to Plaintiff's motion. In the notice of non-opposition, Kaiser does not oppose Plaintiff's motion but requests that the tria...

Excerpt: ...d 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. <0048005b004c0056005700 00510057000300570052> CRC, Rule 3.1332 because the parties agree that additional time is necessary...

Excerpt: ...Zamora”). Defendant Hilda Velasquez allegedly owned and entrusted the subject vehicle to Zamora. The complaint, filed June 1, 2017, alleges causes of action for motor vehicle, general negligence, and exemplary damages. Defendants move to strike allegations for punitive damages from Plaintiffs' form complaint. Plaintiffs oppose. DISCUSSION Taylor v. Superior Court (1979) 24 Cal.3d 890 (“Taylor”) is instructive with respect to this set of fac...

Excerpt: ...t”) store. The complaint, filed March 22, 2017, alleges causes of action for general negligence and premises liability. Defendant filed 3 motions to compel responses from Plaintiff for: (1) Form Interrogatories (“FROG”), set one; (2) Special Interrogatories (“SROG”), set one; and (3) Demand for Production of Documents (“DPD”), set one. Defendant also filed a motion to compel Plaintiff to appear and testify at her deposition. The mot...

Excerpt: .../Defendant's employee's negligence in operating the bus. The complaint was filed on February 8, 2017. The first amended complaint (“FAC”), filed August 16, 2017, alleges causes of action for: (1) negligence; (2) negligence by common carrier; and (3) res ipsa loquitur. Defendant filed an answer on October 2, 2017. Defendant moves for judgment on the pleadings as to the third cause of action in the FAC. The motion is not opposed. LEGAL STANDARD...

Excerpt: ...ornia Hospital at Culver City and Prospect Medical Holdings, Inc. Plaintiff is the father of Decedent Gilbert Mendoza Contreras (“Decedent”). Plaintiff alleges that Defendants were negligent in their care of Decedent when he was in their care and custody in November 2015. Decedent passed away on November 23, 2015. Defendant Southern California Hospital at Culver City (“SCHCC”) moves for summary judgment on the grounds that: (1) the medica...

Excerpt: ...7, alleges causes of action for: (1) violation of the Jones Act; (2) negligence; (3) breach of warranty of seaworthiness; and (4) maintenance and cure. Defendants have not yet filed an answer. Tidewater Marine Western, Inc. (“Tidewater”) moves for an order changing venue of this matter to the Ventura County Superior Court. The motion is not opposed. LEGAL STANDARD A motion to change venue on the basis that the designated court is the “wrong...

Excerpt: ...”), alleging causes of action for (1) Negligence and Medical Negligence, and (2) Negligent Infliction of Emotional Distress. On December 11, 2017, Defendant Zulim filed a demurrer to Plaintiff's complaint. Plaintiff alleges that during surgical procedures on October 9 and 10 of 2016, it was discovered that Plaintiff had a foreign object in her body as the result of a procedure previously performed by Defendants. Plaintiff contends that the pres...

Excerpt: ...Defendants' school. The complaint was filed on May 8, 2017. The operative first amended complaint, filed June 22, 2017, alleges causes of action for negligence and premises liability. Defendants Fenton Charter Public School and Santa Monica Blvd Community Charter School (“Defendants”) move for a court order that Plaintiff provide an executed release for her medical records subpoenaed from the Department of Veterans Affairs (“VA”). Plainti...

Excerpt: ...t to note that on August 27, 2015, Plaintiff first filed an action against Bruckheimer J & L Family Trust, Jerry Bruckheimer, Linda Bruckheimer, and Charles Fitzer in Case No. BC592624. The parties in that action attended a private mediation on November 2, 2016, and the parties reached a settlement on November 4, 2016. Thereafter, Plaintiff filed a request for dismissal with prejudice against Bruckheimer J & L Family Trust, Jerry Bruckheimer, Lin...

Excerpt: ...gence; (3) breach of express warranty; (4) breach of implied warranty; (5) fraud; (6) fraudulent concealment; (7) violation of Bus. & Profs. Code, §17200; (8) violation of Bus. & Profs. Code, §17500; and (9) loss of consortium. On November 6, 2017, McKesson filed a motion for leave to file an untimely answer. McKesson states that it has conferred with Plaintiffs about this motion and that Plaintiffs do not object to McKesson filing an untimely ...

Excerpt: ...lleges causes of action for: (1) premises liability; and (2) negligence. On November 2, 2017, the parties attended an Informal Discovery Conference (“IDC”) regarding the discovery in dispute. The parties resolved their discovery disputes subject to the receipt of code compliant responses. Following the IDC, Defendant requested that Plaintiff provide further responses by November 16, 2017. On November 16, 2017, Defendant filed 3 motions to com...

Excerpt: ... 2017, alleging causes of action for: (1) premises liability; (2) dangerous condition of public property pursuant to Government Code, §835; and (3) loss of consortium. Defendant La Terrazza Homeowners Association (“La Terrazza”) moves to compel the mental examination of Plaintiff Norah Debellis. LEGAL STANDARD CCP §2032.310 provides that if any party desires to obtain discovery by a physical (other than as described in section 2032.210) or ...

Excerpt: ...equiring 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 cause exists pursuant to CRC, Rule 3.13...

Excerpt: ...ges causes of action for motor vehicle and general negligence. Specially Appearing Defendant moves to quash the purported service of the summons and complaint. Plaintiff opposes. LEGAL STANDARD CCP §415.20(b) provides: “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 ...

Excerpt: ... vehicle, and Defendant Derick James Boyd II. Defendants Penske Truck LSG Co. LP and Kaitlin Daisy Butler (“Butler”) are alleged to be the owner of the motor vehicles in this action or the employers of the driving defendants. The subject accident occurred on June 14, 2014. The complaint, filed May 25, 2016, alleges causes of action for motor vehicle and general negligence. Butler filed three discovery motions against Plaintiff—two motions t...

Excerpt: ...er. Plaintiff was the wife of Decedent Alan Kaplan (“Decedent”). She alleges that Decedent's wrongful death as a result of Defendants' negligent care of Decedent. Dr. Firoozmand moves for summary judgment on the ground that Plaintiff's complaint is without merit and fails to raise a triable issue of material fact on the standard of care and causation. On January 3, 2018, Plaintiff filed a notice of non-opposition to the motion for summary jud...

Excerpt: ...nt. The complaint was filed on May 17, 2017. The First Amended Complaint (“FAC”), filed October 3, 2017, alleges causes of action for: (1) negligence; (2) res ipsa loquitur negligence; (3) negligence per se; (4) strict liability; and (5) violation of PUC Code §2106. Defendant Southern California Edison Company (“Edison”) moves to strike allegations for punitive damages from the FAC. Plaintiff opposes. DISCUSSION The court may, upon a mot...

Excerpt: ... injured when struck by Defendant Jessica Lawson's (“Lawson”) vehicle. Gitova filed an action in BC582591, against Lawson, Achola, Michal D. Green, and Pei Hua Wang. Achola filed a separate action in BC582633, against Lawson. The actions have been related and consolidated. Trial is set for February 16, 2018. Lawson moves to reclassify this consolidated case to limited jurisdiction. Under case number BC582591, Achola, through counsel Veatch Ca...

Excerpt: ...o CRC Rule 3.1362. Counsel properly served Plaintiff Mark Smith at his last known mailing address, which was confirmed by mail, return receipt requested, within the past 30 days of filing the motion. Defense counsel was also served with the motion by mail. Counsel declares there is an irreparable breakdown in the attorney-client relationship, so that Counsel is unable to adequately and competently represent Plaintiff. There are no other hearing d...

Excerpt: ... Valadez”) commenced this medical malpractice action against Defendants Dominique Luckey, M.D. (“Dr. Luckey”) and White Memorial Medical Center (“White Memorial”) for the allegedly negligent treatement rendered to Morales on or about March 18, 2015. The complaint, filed on March 4, 2016, alleges causes of action for: (1) medical malpractice; (2) general negligence; and (3) loss of consortium (by Rosales-Valadez). There are two pending m...

Excerpt: ...ed July 25, 2016, alleges causes of action for premises liability and general negligence against Defendants AC/DC Ice Cream, Inc., dba Baskin Robbins, Symphony Northridge, LLC (“Symphony”), and The Matt West Company. On December 6, 2017, Plaintiff filed this motion to compel the attendance of Symphony's PMK at deposition and for the production of documents that were propounded to be produced at the deposition. The motion is unopposed. LEGAL S...

Excerpt: ...CKGROUND This action arises out of motor vehicle accident that occurred on April 15, 2016 between Plaintiff Ramon Gallegos (“Plaintiff”) and Defendants Ryan Chien (“Chien”), Hertz Equipment Rental Corp. (“Hertz”), and Select Electric Inc. (“Select”). Plaintiff commenced this action on June 6, 2016. The operative Second Amended Complaint (“SAC”), filed September 20, 2017, causes of action for motor vehicle negligence and intent...

Excerpt: ...curred on March 4, 2016. The Complaint, filed on August 14, 2017, alleges two causes of action for negligence. Defendant moves to strike allegations for punitive damages. Plaintiffs oppose. LEGAL STANDARD 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 in conformity with the laws of this state, a court ...

Excerpt: ...ourdes Vasquez, and Sedruol, Inc. dba Edible Arrangements (“Defendants”) move for an order granting leave to take the second medical examination of Plaintiff to be conducted by Charles D. Rosen, M.D., who specializes in orthopedic surgery, on January 31, 2018. Defendants argue that Plaintiff previously appeared for her examination with Dr. Rosen, but suspended the examination under the belief that a female observer from his healthcare team mu...

Excerpt: ...rike paragraph 8 for the prayer for damages, which seeks punitive damages. LEGAL STANDARD 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 in conformity with the laws of this state, a court rule, or an order of the court. Punitive damages may be recovered upon a proper showing of malice, fraud, or oppres...

Excerpt: ...irst Amended Complaint, filed December 22, 2016, alleges causes of action for general negligence and premises liability. On April 20, 2017, Defendant City of South Gate (“City”) filed a cross-complaint for indemnity, contribution, and declaratory relief against Dhani, Inc. (“Dhani”). On December 14, 2017, City filed a motion for leave to amend its cross-compliant against Dhani. (The Court notes this motion and a copy of City's First Amend...

Excerpt: ...e when he tripped and fell on a formwork. Plaintiff's complaint, filed on November 22, 2016, alleges causes of action for general negligence and premises liability. On March 3, 2017, Defendant Clark Construction Group-California, LP (“Clark”) filed a cross-complaint against SASCO for: (1) breach of contract; (2) express indemnity; (3) negligence; (4) implied indemnity; (5) comparative contribution; (6) total equitable indemnity; (7) equitable...

Excerpt: ...G”), set one; and (2) Request for Production of Documents (“RPD”), set one. On September 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 RPD are granted pursuant to CCP §§2030.290 and 2031.300. Plaintiff is ordered to provide verified responses to Defe...

Excerpt: ...nd Amended Complaint (“SAC”), filed on October 13, 2017, alleges causes of action for: (1) negligence; and (2) negligence per se. Defendant moves to strike the allegations and prayer for punitive damages in the SAC. DISCUSSION In the second cause of action for negligence per se, Plaintiff alleges that Defendant “willfully consumer alcoholic beverages and or drugs or other intoxicants to the point of intoxication, such that her physical and ...

Excerpt: ...es on Plaintiff. The complaint was filed on December 18, 2015. Defendant moves for an order requiring Plaintiff to post bond in the amount of <0003005200530053005200 56004800560011[ LEGAL STANDARD “When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking.” (CCP § 10...

Excerpt: ...iffs”) oppose. Trial is currently set for February 8, 2018. Defendant's motion for summary judgment is currently scheduled for May 25, 2018. Defendant filed and served its motion for summary judgment or, in the alternative, summary adjudication, on October 26, 2017, with a typographical error that stated that the motion was to be heard on January 9, 2018. On November 2, 2017, Defendant applied ex parte for an order advancing the hearing date on...

Excerpt: ... and Sieroty Company, Inc. (vehicle owner, “Sieroty”), that occurred on May 20, 2013. The complaint, filed May 19, 2015, alleges causes of action for: (1) motor vehicle negligence; and (2) negligence. On November 19, 2017, Plaintiff filed a motion to compel the deposition of Kaizer and Sieroty's employee and/or person(s) most qualified (“PMQ”). Defendants filed an opposition on December 29, 2017. On September 11, 2017, Plaintiff served a ...

Excerpt: ...rporation (“Defendants”) that occurred on June 25, 2016. Plaintiff commenced this action on December 22, 2016. Defendants filed this instant motion to compel compliance with deposition subpoena to custodian of records for non-party Dr. Richard L. Jacobson, D.M.D., M.S. Dr. Jacobson is one of Plaintiff's identified medical providers who he obtained treatment from as a result of the subject accident. The motion was personally served on the cust...

Excerpt: ...iranda (“Decedent”). Plaintiffs allege that Decedent was being treated by various medical professional Defendants, but that they rendered negligent care, which resulted in Decedent's death on February 14, 2016. The complaint, filed February 26, 2016, alleges a cause of action for general negligence. There are two pending motions for summary judgment. Defendant PIH Health Hospital – Downey (“PIH”) moves for summary judgment against Plain...

Excerpt: ...e the objections to be raised in the demurrer.” (CCP § 430.41. subd. (a).) The demurring party must file and serve with the demurrer, a meet and confer declaration which is compliant with CCP § 430.41(a)(3). (2) In addition, the parties must conduct this meet and confer “at least five days before the date the responsive pleading is due.” (Id. § 430.41, subd. (a)(2).) Defense counsel states in the Declaration of Malek Shraibati that “[o...

Excerpt: ...ing causes of action for negligence. In the same complaint, Nicole alone brought a second cause of action for loss of consortium. On May 9, 2017, Andrew Diaz passed away. Because of Andrew's death, Plaintiffs filed a First Amended Complaint (“FAC”) on November 18, 2017. The FAC maintained Nicole as a plaintiff, removed Andrew as a plaintiff, and added Michael Diaz and Vanessa Diaz (the children of the decedent). The FAC alleges two causes of ...

Excerpt: ...was riding his motorcycle and was struck by a vehicle driven by Defendant Rafael Puga-Navarro (“Puga-Navarro”). The complaint alleges that Defendants Timothy Zigrang and Zigrang Construction, Inc. (“Zigrang Defendants”) were employers of Puga-Navarro and that they owned and/or entrusted their vehicle to him. The complaint, filed December 13, 2016, alleges causes of action for motor vehicle and general negligence. Zigrang Defendants move f...

Excerpt: ... O. Zamora, set to be heard on January 11, 2018. Defendant also filed motions to compel further responses to form interrogatories, set one (“FROG”), and special interrogatories, set one (“SROG”), against the same set to be heard on January 19, 2018. Defendant filed motions to compel further responses to request for production of documents, set one (“RPD”), against the same, set to be heard on January 26, 2018. The Court continues the ...

Excerpt: ...hat while he was using the self-serve car wash equipment, the high-pressure hose broke and hit Plaintiff in the face and sprayed his body and eyes with chemicals/cleaner. On December 12, 2017, Specially Appearing Defendant Mary Correa dba Laser Coin Car Wash (“Defendant”) filed this motion to quash service of process. The motion is unopposed. LEGAL STANDARD “A defendant, on or before the last day of his or her time to plead or within any fu...

Excerpt: ...of their premises. Defendant The Vons Companies, Inc. (“Vons”) moves to compel the deposition of Plaintiff. Plaintiff opposes. LEGAL STANDARD CCP §2025.450(a) provides: “(a) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025...

Excerpt: ...mber 13, 2017. Counsel has filed the requisite forms pursuant to CRC Rule 3.1362. Counsel has served Plaintiffs' counsel; counsel for Defendant Pomona Valley Hospital Medical Center; Tracey Thorson of Fairway Insurance Co.; and Billy J. Bostick, Special Deputy Liquidator for Fairway Insurance Co. Counsel states that he confirmed his client's address within the past 30 days of filing the motion by confirming it with Billy J. Bostick. Counsel decla...

Excerpt: ...fendant”), that occurred on October 23, 2014. The complaint was filed on September 30, 2016. Defendant moves for monetary sanctions against Plaintiff's counsel of record, Hamed Yazdanpanah (“Yazdanpanah”): (1) for his alleged failure to appear at the deposition of Defendant on October 20, 2017 (CCP §2025.430); and (2) for Yazdanpanah's alleged misuse of the discovery process (CCP §2023.010(b)). Total, Defendant requests $4,888.7 or, in th...

Excerpt: ...nique Howard (“Howard”) and Lyft, Inc. (“Lyft”). The other vehicle involved in the accident was driven by Defendant Brandon Robinson (“Robinson”). The complaint, filed March 1, 2016, alleges causes of action for motor vehicle and general negligence. On September 2, 2016, Robinson filed a cross-complaint for equitable indemnity, contribution, and declaratory relief against Howard and Lyft. Lyft and Howard now move for a court order det...

Excerpt: ...date on this motion, so this motion is filed per the Court's ex parte rules. “Continuances are granted only on an 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 Cour...

Excerpt: ...a (“Plaintiff”) alleges that Defendants picked her up for transportation, but negligently failed to properly secure her during transport, such that she was thrown and injured. The complaint, filed August 9, 2017, alleges causes of action for: (1) motor vehicle collision; (2) general negligence; and (3) negligence per se. On November 6, 2017, Defendants filed an answer to the unverified complaint. Plaintiff now demurs to the answer on the grou...

Excerpt: ...was performing labor at a construction project site on behalf of Defendants 450 S. Western, LLC (“450 S. Western”), New Creations Engineering & Builders, Inc. (“New Creations”), and Art & Son Construction, Inc. (“Art & Son”). The complaint was filed by Decedent's children on March 14, 2016, alleging causes of action for: (1) premise liability; (2) failure to warn of unsafe condition; (3) negligent failure to provide required safeguard...

Excerpt: ...ses. Specifically, Plaintiff alleges a “disabled vehicle” that was not properly secured rolled backwards, colliding and impacting into Plaintiff. The complaint, filed April 8, 2016, alleges causes of action for: (1) negligence; and (2) gross negligence. On December 12, 2017, Plaintiff filed this instant motion for leave to amend the complaint to add a cause of action in strict liability. (See Mot. at Ex. A [Proposed First Amended Complaint].)...

Excerpt: ...Maravilla”) (collectively, “Defendants”), for injuries sustained as a result of a motor vehicle accident that occurred on June 25, 2015 at or about Monroe St. by Dr. Carreon Blvd. in Indio, California. The complaint alleges causes of action for general negligence and motor vehicle. On November 9, 2017, SMS filed this instant motion to change venue from Los Angeles County to Riverside County Superior Court. Plaintiffs oppose. SMS untimely fi...

Excerpt: ...ndant to produce certain documents requested at deposition, consisting of written correspondence between Defendant and its current and former counsel. Defendant opposes. The parties attended an informal discovery conference on November 14, 2017, but were unable to come to a resolution. DISCUSSION The parties do not dispute that the documents at issue are protected under the attorney- client privilege. However, Plaintiff argues Defendant should pr...

Excerpt: ...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. <0048005b004c0056005700 00510057000300570052> CRC, Rule 3.1332 because the ...

Excerpt: ...e, where Plaintiff appeared, but at Plaintiff's counsel's oral request, the Final Status Conference was continued to <0057004800500045004800 0014001a000f00030033>laintiff did not make an appearance to the Final Status Conference/Court Trial, and no communication with the Court was made as to why there were no appearances by counsel or the parties. Accordingly, the Court ordered that the action in its entirety be dismissed without prejudice based ...