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Location: Los Angeles x
Judge: Osorio, Benny C x
2018.2.9 Motion to be Relieved as Counsel 597
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.9
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...
2018.2.9 Motion for Leave to File Complaint 937
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.9
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...
2018.2.9 Demurrer, Motion to Strike 855
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.9
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...
2018.2.9 Motion for Summary Judgment 047
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.9
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”)...
2018.2.8 Petition for Leave to File Complaint 998
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.8
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...
2018.2.8 Motion to Vacate Dismissal 637
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.8
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...
2018.2.8 Motion to Strike Portions of Complaint 156
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.8
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 ...
2018.2.8 Motion to Intervene, Set Aside Default 315
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.8
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...
2018.2.8 Motion to Compel Further Responses, Request for Sanctions 959
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.8
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...
2018.2.8 Motion to Compel Deposition 230
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.8
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, ...
2018.2.8 Motion for Summary Judgment 522
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.8
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...
2018.2.8 Demurrer, Motion to Strike 379
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.8
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...
2018.2.7 Motion to Compel Discovery Responses 743
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.7
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 ...
2018.2.7 Motion to Challenge Good Faith Settlement 226
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.7
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...
2018.2.7 Motion to Strike 010
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.7
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...
2018.2.7 Motion to Compel Further Responses, Request for Sanctions 893
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.7
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...
2018.2.7 Motion to Compel Physical Exam 950
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.7
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...
2018.2.6 Motion to Vacate Dismissal 066
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.6
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(...
2018.2.6 Motion to Compel Discovery Responses, Request for Sanctions 975
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.6
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 ...
2018.2.6 Motion to Compel Compliance with Med Exam 501
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.6
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...
2018.2.6 Motion to be Relieved as Counsel 589
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.6
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...
2018.2.6 Motion for Terminating Sanctions 756
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.6
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...
2018.2.6 Motion for Leave to File Complaint 872
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.6
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...
2018.2.5 Motion to Strike 678
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.5
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;...
2018.2.5 Motion to be Relieved as Counsel 782
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.2.5
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...

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