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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ... & 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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...