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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...