Excerpt: ...ia Corporations Code § 9418 is DENIED. On October 22, 2019, Plaintiffs Joon Chul Park, Mary S. Cho, Jong Soon Cho, Young Shin Yoon, and Wilton Korean Presbyterian Church in Los Angeles (“Church”) (collectively, “Plaintiffs”) filed a complaint against Defendants Do Woo (“Woo”) Kim, Do Rim Kim (“Rim”), and Hae Hwan Cho. On October 25, 2019 Plaintiffs filed a first amended complaint (“FAC”) against Defendants, requesting: (1) a ...

Excerpt: ... School Districts (LAUSD), Ana Velasco, and Nelson Velasco (collectively, Defendants). On April 15, 2019, Plaintiff filed a first amended complaint (FAC) alleging: (1) general negligence; (2) premises liability; (3) negligent hiring and retention; and (4) negligent training and supervision. Plaintiff now moves for leave to amend to file a second amended complaint (SAC). Legal Standard Code of Civil Procedure section 473, subdivision (a)(1) provid...

Excerpt: ...reater El Monte Community Hospital (Hospital); AHMC Healthcare, Inc.; Nagasamudra Shamarac Ashok, M.D.; Sammy C. Chan, M.D., G. Almonte; Quinn Bao; M. Cabrera; K. Ferreira; E. Garcia; Jessica Garcia; Eddie Jimenez; Jordan Koelling; Panganiban Doe; Plantillas Doe; C. Ramos; REGRN09172 Doe; Juana Rodriguez; J. Tea; and C. Zhang. On December 16, 2019, Plaintiff filed a second amended complaint (SAC) alleging: (1) statutory elder abuse neglect; (2) v...

Excerpt: ... the first, second, third, fifth. On August 31, 2017, Plaintiffs Reza and Marla Razzaghipour (collectively, Plaintiffs) initiated this action against Defendants Wells Fargo Bank, N.A. (Wells Fargo) and Jennifer Langan. On December 29, 2017, Plaintiffs filed the operative First Amended Complaint (FAC) against the same Defendants ,and asserts claims for: (1) retaliation in violation of Lab. C. § 1102.5; (2) Retaliation in violation of FEHA; (3) wr...

Excerpt: ...nied as to all other causes of action. Plaintiff Karie Nakadate (Plaintiff) brings this action against her former employer and supervisor, Defendants Los Angeles Unified School District (LAUSD) and Ann Mayeda (Ms. Mayeda). Plaintiff alleges discriminatory and retaliatory conduct after she sustained a serious head injury and brings this action under the California Fair Employment and Housing Act (FEHA). The operative second amended complaint (SAC)...

Excerpt: ...it against Defendants Shirley Schyman, individually and as trustee of the Schyman Family Trust (Schyman); TDI Properties, Inc. (TDI); David Augusta; Sara Galindo; and Danny Levin. Plaintiff is a former tenant at 545 N. Hayworth Ave., Los Angeles, CA, an apartment building allegedly owned and managed by Defendants. Plaintiff alleges that Defendants engaged in a pattern of harassing conduct, including multiple break-ins, theft, and defamatory state...

Excerpt: ... and Orangetwist Brands, Inc, alleging a violation of Labor Code section 2698. Orange Twist, LLC, Body Concepts by Orange Twist, and Orangetwist Brands, Inc (collectively, Defendants) now move for a stay of the instant proceedings until arbitration is completed, pursuant to Code of Civil Procedure (CCP) section 1281.4. Legal Standard CCP section 1281.4 provides: If a court of competent jurisdiction, whether in this State or not, has ordered arbit...

Excerpt: ...atiolait (Plaintiff) filed suit against Donald B. Serafano (Defendant), alleging professional malpractice/negligence. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747 (Hahn).) ¿When considering demurrers, courts read the allegations liberally and in context.¿ (Taylor v. City of Los Angeles Dept. of Water and Power¿(2006) 144 Cal.App.4th 1216, 1228.)...

Excerpt: ...sability discrimination; (3) failure to accommodate disability; (4) failure to engage in the interactive process; (5) violation of the California Family Rights Act (CFRA); (6) violation of the CFRA – Interference with Family Leave Rights; (7) violation of CFRA – retaliation; (8) failure to prevent/correct discrimination; and (9) retaliation. Defendant now moves to stay the instant action. Legal Standard “Trial courts generally have the inhe...

Excerpt: ... Thelma Weaver, the Next Idea (International) LLC, HospitalityMerchandise.Com, LLC, and Restaurant Extensions, LLC, alleging: (1) fraud—intentional misrepresentation; (2) fraud—negligent misrepresentation; (3) breach of fiduciary duty; (4) conversion; (5) aiding and abetting breach of fiduciary duty; (6) aiding and abetting conversion; and (7) common count: money had and received. Defendant Restaurant Extensions, LLC now moves to quash a subp...

Excerpt: ... of toxic products. Plaintiff alleges that, during his employment with Cambro Manufacturing Company, he was exposed to toxic and fibro genic chemicals, which led to the development of Pulmonary Fibrosis and will require a bilateral lung transplant. The operative First Amended Complaint (FAC) was filed on 5/10/17 and asserts claims for 1) negligence; 2) strict liability—failure to warn; 3) strict liability—design defect; 4) breach of implied w...

Excerpt: ...ort, Plaintiff experienced a medical condition that required hospitalization. (Compl. ¶ 7.) Plaintiff's doctor placed him off work until January 27, 2019 by written note and provided that note to his employer. (Compl. ¶ 8.) Plaintiff attempted to return to work on January 28, 2019, with a doctor's note clearing him to return to work with accommodations. Instead, his employment was terminated, supposedly for poor job performance. (Compl. ¶ 9.) ...

Excerpt: ...County, L.A. County Sheriff, Jonathan Byrne, Felipe Perez, Laura French, and James Eggar, alleging: (1) assault; (2) false arrest; (3) false imprisonment; (4) over detention; (5) violation of civil rights pursuant to 42 U.S.C. section 1983; (6) conspiracy; and (7) neglect to prevent pursuant to 42 U.S.C. section 1986. Defendants County of Los Angeles, Deputy Yvonne Reyes, Deputy Laura French, Deputy Felipe Perez, and Deputy Jonathan Byrne (collec...

Excerpt: ...mpion Windows alleging: (1) discrimination; (2) retaliation; (3) failure to prevent discrimination and retaliation; (4) failure to provide reasonable accommodations; (5) failure to engage in a good faith interactive process; (6) wrongful termination in violation of public policy; (7) declaratory judgment; (8) failure to pay wages; (9) failure to provide rest periods; (10) failure to provide itemized wage statements; (11) waiting time penalties; a...

Excerpt: ...tgage, LLC, dba Mr. Cooper (Nationstar), U.S. Bank, as trustee for Structured Adjustable Rate Mortgage Loan Trust, Mortgage Pass-Through Certificates, Series 2005-9 (U.S. Bank); and Clear Recon Corp. (Clear). On March 12, 2019, Nationstar and U.S. Bank, as Cross-Complainants, filed a cross-complaint (XC) against the Shahands, Sionita C. Angeles, Manual Osmena (Mr.Osmena), and Tip Top Merchandizing, Inc. (Tip Top), setting forth claims for 1) unju...

Excerpt: ...Association of Glendale, California (YMCA), Eric Perrodin, National Council of Young Men's Christian Associations of the United States of America, and YMCA of Glendale, alleging: (1) premises liability; (2) negligence, including negligent supervision; (3) continuation of decedent's causes of action (survival action). On December 10, 2018, YMCA's motion for summary judgment was denied. On Appeal, the court reversed, based on a finding that there h...

Excerpt: ...iled a third amended complaint (TAC) alleging a single cause of action for negligence. Uber Technologies, Inc. (Uber) now demurs to the TAC. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747 (Hahn).) ¿When considering demurrers, courts read the allegations liberally and in context.¿ (Taylor v. City of Los Angeles Dept. of Water and Power¿(2006) 144 C...

Excerpt: ...t Jeep Dodge Ram fka Orange Coast Alfa Romeo alleging: (1) violation of Song-Beverly Consumer Warranty Act; (2) breach of implied warranty; (3) negligent repair; and (4) misrepresentation. Plaintiff now moves for an award of attorneys fees and costs in the amount of $22,760.45, pursuant to California Civil Code section 1794, subdivision (b). Legal Standard A prevailing buyer in an action under Song-Beverly “shall be allowed by the court to reco...

Excerpt: ...,076.65 in attorneys fees and costs. On March 26, 2018, Plaintiff Zeina Prieto (Plaintiff) filed suit against Raymond M. Tash D.D.S. and Raymond Madjidian Tash (Defendants) alleging: (1) retaliation in violation of Labor Code section 98.6; (2) retaliation in violation of Labor Code section 1102.5(b); (3) wrongful termination in violation of public policy; (4) failure to provide rest periods in violation of Labor Code section 226.7; (5) unpaid wag...

Excerpt: ...ncial Group LTD filed suit against Renaissance Capital Group, LLC (RCP) and Robert A. Adams (Adams) (collectively, Defendants) alleging: (1) breach of contract; (2) fraud-in-inducement; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) restitution; and (6) unfair business practices. Defendants now move to compel Plaintiff to submit its claim to arbitration Legal Standard “Where the Court has determined that an agreement to...

Excerpt: ...ction for: (1) discrimination (FEHA); (2) harassment (FEHA); (3) retaliation (FEHA); (4) failure to prevent (FEHA); (5) failure to provide reasonable accommodations (FEHA); (6) failure to engage in interactive process (FEHA); (7) declaratory judgment; and (8) wrongful termination in violation of public policy Now, Defendants demurrer to Plaintiff's second cause of action for harassment, on the grounds that Plaintiff has failed to allege facts suf...

Excerpt: ...017, the Honorable Judge Richard Rico entered default judgment in favor of Barbara Black against: Cross-Defendants Tarilynne Anderson, Hoyt Sport Fit, John Jay Brocklebank and Frank Lyons, joint and severally, for: (1) damages totaling $175,466.86, pursuant to California Business and Professions Code section 19525, subdivision (b)(1); and (2) costs totaling $11,970.73, pursuant to Code of Civil Procedure (CCP) section 1032(b). Defendant John Jay ...

Excerpt: ...mons (Plaintiff) filed suit against Gilmore Partners, LP (Gilmore LP), Millennium Holdings, Inc., and Lucille Hotnog as an individual and in her capacity as CEO of Millennium Holdings, Inc, alleging: (1) unlawful business practice; (2) unfair business practice; (3) fraudulent business practice; (4) breach of covenant of good faith and fair dealing; (5) breach of warranty of habitability; (6) private nuisance; and (7) negligence. Gilmore LP, Mille...

Excerpt: ...fendants). The Complaint sets forth claims for negligence and discrimination arising from dental work performed by Dr. Rifkin in 2009. Defendants now move for summary judgment on the grounds that Plaintiff's complaint is barred by the applicable statute of limitations and are barred by a release of all claims. Defendants' motion is unopposed. Standard of Review Code of Civil Procedure section 437c, subdivision (a) provides that a “party may mov...

Excerpt: ...tion of the Complaint and Cross- Complaint is GRANTED. On December 27, 2019, Plaintiff Steven W. Kerekes filed suit against Daniel C. Ferguson and Robert Yaspan alleging: (1) breach of contract; (2) declaratory relief; (3) quantum meruit; (4) declaratory relief—promissory estoppel; (5) Probate Code section 19001; (6) fraudulent transfer; (7) imposition and foreclosure of attorney's lien; (8) equitable lien; (9) preliminary and permanent injunct...

Excerpt: ...019, Plaintiff Julio Sandoval (Plaintiff) filed suit against SL Towing, Stone Shop Designs, SL Towing Services, and Saul Lopez, alleging: (1) nonpayment of minimum wages; (2) nonpayment of wages; (3) nonpayment of overtime wages; (4) failure to provide meal and rest breaks; (5) discrimination in violation of FEHA; (6) failure to reasonably accommodate; (7) failure to engage in an interactive process; (8) retaliation in violation of Fair Employmen...

Excerpt: ...(Defendant), alleging: (1) declaratory relief; (2) breach of contract; (3) violation of California Financial Code section 22603; (4) violation of California Financial Code section 22161; (5) violation of California Business and Professions Code section 17200; and (6) breach of fiduciary duty; (7) conversion; (8) unjust enrichment; (9) common count; and (10) accounting. Plaintiff now moves on an ex parte basis to strike Defendant's motion to dismi...

Excerpt: ...e amount of $1,000. On August 6, 2018, Plaintiff Gorji Ashraf filed suit against Kolah Farangi, Inc., Mansour Simanian, Joseph Simanian, Robert Simanian, and Michael Simanian alleging: (1) discrimination in violation of FEHA; (2) failure to accommodate in violation of FEHA; (3) failure to engage in the interactive process in violation of FEHA; (4) failure to prevent FEHA violations; (5) retaliation in violation of FEHA; (6) wrongful termination i...

Excerpt: ...mont Capital Partners, LLC; Summit Manufacturing, LLC; DJCC Corporation; Commerce Concentrates, LLC; NotStanLa, Inc.; GE United Technologies, LLC; Cannex Holdings (California) Inc.; The Cure Company; The MCR Group, Inc.; 6436 Corvette, LLC; A&E Investment Group, LLC; and ROES 1 through 25, inclusive, Real Parties in Interest Case No.: 19STCV27029 Hearing Date: March 17, 2020 Defendants' motion to transfer this action to the Writs and Receivers De...

Excerpt: ...iff's motion is granted as to: - Form Interrogatories -Employment Law (Set One) Nos. 209.2 and 214.1 - Form Interrogatories – General (Set One) Nos. 12.2 and 12.3 - RFP No. 24 The parties should meet and confer with respect to RFP Nos. 22-23, 25-26 and 29. I. Form Interrogatories – Employment Law (Set One) At dispute here are Form Interrogatory – Employment Law Nos. 207.2, 214.1, and 209.2. 1. No. 207.2 On 2/19/2020, Defendant stated in opp...

Excerpt: ...nd (Plaintiffs) filed suit against Nationstar Mortgage, LLC, dba Mr. Cooper (Nationstar), U.S. Bank, as trustee for Structured Adjustable Rate Mortgage Loan Trust, Mortgage Pass-Through Certificates, Series 2005-9 (U.S. Bank); and Clear Recon Corp. (Clear). On March 12, 2019, Nationstar and U.S. Bank, as Cross-Complainants, filed a cross-complaint (XC) against the Shahands, Sionita C. Angeles, Manual Osmena (Mr.Osmena), and Tip Top Merchandizing,...

Excerpt: ...s condition of property. LADWP now demurs to Vaden's Second Amended Complaint on the grounds that Plaintiff has failed to state a claim. Discussion 1. Demurrer Where pleadings are defective, a party may raise the defect by way of a demurrer. (Coyne v. Krempels (1950) 36 Cal.2d 257, 262.) A demurrer tests the sufficiency of a pleading, and the grounds for a demurrer must appear on the face of the pleading or from judicially noticeable matters. (Co...

Excerpt: ...gainst Nationstar Mortgage, LLC, dba Mr. Cooper (Nationstar), U.S. Bank, as trustee for Structured Adjustable Rate Mortgage Loan Trust, Mortgage Pass-Through Certificates, Series 2005-9 (U.S. Bank); and Clear Recon Corp. (Clear). On March 12, 2019, Nationstar and U.S. Bank, as Cross-Complainants, filed a cross-complaint (XC) against the Shahands, Sionita C. Angeles, Manual Osmena (Mr.Osmena), and Tip Top Merchandizing, Inc. (Tip Top), setting for...

Excerpt: ...gainst Raymond M. Tash D.D.S. and Raymond Madjidian Tash (Defendants) alleging: (1) retaliation in violation of Labor Code section 98.6; (2) retaliation in violation of Labor Code section 1102.5(b); (3) wrongful termination in violation of public policy; (4) failure to provide rest periods in violation of Labor Code section 226.7; (5) unpaid wages in violation of Labor Code section 201(a); (6) penalties for unpaid wages in violation of Labor Code...

Excerpt: ...ceanwide Plaza, LLC (Oceanwide); L.A. Downtown Investment, LP (LADI); Chicago Title Insurance Company (Chicago Title); Masonry Concepts, Inc.; Twining, Inc. (Twining); and PHL, Inc. dba VNSM (PHL). On March 26, 2019, Webcor filed a first amended complaint (FAC) alleging: (1) breach of contract; (2) foreclosure of mechanics lien; (3) violation of prompt payment statutory duties; (4) quantum meruit; and (5) declaratory relief. On April 4, 2019, Oce...

Excerpt: ...ff Hasan Tehranchi (Plaintiff) filed suit against Golnaz Afgo Ahmadi and Blo & Fill Bar LLC (Defendants). Plaintiff's first amended complaint (FAC) alleges: (1) breach of fiduciary duty; (2) accounting; (3) unjust enrichment; (4) fraud; and (5) constructive trust. Defendants demur to Plaintiff's fourth cause of action for fraud. Defendants also move to strike portions of Plaintiff's FAC. Legal Standards A demurrer for sufficiency tests whether th...

Excerpt: ... Plaintiff and Defendant are brother and sister; each accuses the other of financial abuse of their elderly parents. Up for hearing are three motions. Two are motions to compel further written response to discovery requests, and are brought by Defendant. One is a motion to compel the deposition of non-parties and is brought by Plaintiff. The Court is in possession of the parties' papers and, after having considered them together with all the part...

Excerpt: ....) Plaintiff alleges that she was harassed and discriminated against on the basis of her race, that she opposed such harassment and discrimination, and that Defendants ultimately terminated her employment in retaliation. (SAC ¶ 14.) The operative Second Amended Complaint sets forth claims for 1) race harassment (FEHA); 2) race discrimination (FEHA); 3) retaliation (FEHA); 4) failure to prevent (FEHA); and 5) wrongful termination in violation of ...

Excerpt: ... Kim Brothers allege that, pursuant to a June 22, 2019 board meeting and a subsequent ratification on July 28, 2019, they are the proper directors of Church and are authorized to act on behalf of Church. (FAC ¶¶ 33, 35.) They further allege that an opposing group of directors had a sham election on June 23, 2019 which did not lead to the installation of a new board of directors. (FAC ¶ 34.) In response to the Kim Brothers' lawsuit, the opposin...

Excerpt: ... at a construction site. The basic facts concerning the injury are not in dispute. Defendant was the general contractor on the project (fact 5). TCA was a subcontractor on the project (fact 5), and Plaintiff worked for TCA (fact 3). Plaintiff tripped and fell in a doorway where cardboard floor covering began, as the room did not have protective floor covering (facts 1 and 2). 2. Motion for Summary Judgment At this time, Defendant moves for summar...

Excerpt: ...damages arising out of an automobile accident. 2. Motion for Summary Judgment At this time, the City of Burbank moves for summary judgment on the complaint. a. Initial Note The Court was originally scheduled to hear this motion on 11/01/2019. The hearing on the motion was continued to 2/03/20. Prior to the hearing on 2/03/20, the Court issued a tentative ruling continuing the hearing on the motion due to the fact that Plaintiff had filed an over-...

Excerpt: ...himes for damages arising out of a trip and fall on the City sidewalk abutting Rhimes's property. The City has also filed a cross-complaint against Rhimes for indemnification and related claims. Plaintiff alleges the defect in the sidewalk had multiple causes, including tree roots and a drainage pipe under the sidewalk. Plaintiff alleges, at ¶25, that Defendants are liable to Plaintiff due to failure to take care of the tree roots and due to the...

Excerpt: ...r damages arising out of a trip and fall on the City sidewalk abutting Rhimes's property. The City has also filed a cross-complaint against Rhimes for indemnification and related claims. Plaintiff alleges the defect in the sidewalk had multiple causes, including tree roots and a drainage pipe under the sidewalk. Plaintiff alleges, at ¶25, that Defendants are liable to Plaintiff due to failure to take care of the tree roots and due to their placi...

Excerpt: ...slip and fall. The accident occurred on 4/27/15. Plaintiff filed her complaint 4/27/17. Plaintiff has not, to date, filed proof of service of the summons and complaint on any defendant in the action. The case was scheduled for an FSC on 10/11/18 and trial on 10/29/18. Plaintiff did not appear at the FSC or the trial, and on 10/29/18, the Court dismissed the case. 2. 12/19/19 Hearing on Motion to Set Aside Dismissal On 4/26/19, Plaintiff filed a m...

Excerpt: ...iacom, Inc. for damages arising out of serious injuries sustained when an air conditioning unit fell and struck him on the head. 2. Motion to Compel IME On calendar today is Defendant's motion to compel Plaintiffs' attendance at an IME. Defendant seeks an order compelling Plaintiff to sit for a neuropsychological examination. The parties agree that the examination is necessary, but have a dispute concerning several aspects of the examination. The...

Excerpt: ...y Hills for damages arising out of a trip and fall on a pothole in a city alley. Plaintiff, Miguel Hurtado sues for loss of consortium. 2. Motion for Summary Judgment The City moves for summary judgment on the complaint, contending (a) the alley was not in a dangerous condition as a matter of law, and (b) any defect in the alley was open and obvious. a. Burdens on Summary Judgment Summary judgment is proper “if all the papers submitted show tha...

Excerpt: ...iacom, Inc. for damages arising out of serious injuries sustained when an air conditioning unit fell and struck him on the head. 2. Motion to Compel IME On calendar today is Defendant's motion to compel Plaintiffs' attendance at an IME. Defendant seeks an order compelling Plaintiff to sit for a neuropsychological examination. The parties agree that the examination is necessary, but have a dispute concerning several aspects of the examination. The...

Excerpt: ...Tree HOA, for Summary Judgment is GRANTED. 2. Motion of Defendant, City of Los Angeles, for Summary Judgment is GRANTED I. Background Facts On June 28, 2018, Plaintiff, Esmaiel Jassim, filed a complaint against Defendants, City of Los Angeles, County of Los Angeles, and Brentwood Cedar Tree Home Owners Association, and pleaded causes of action for 1) premises liability and 2) general negligence. The Plaintiff claims that he suffered personal inju...

Excerpt: ...gainst Defendants Memo's Scaffolding Norwalk, Inc. and Bernard's Construction Group, Inc. for damages arising out of a workplace accident that injured Jose Luis Guzman. Jose Luiz Guzman, as plaintiff in intervention, brings claims against Memo's Scaffolding Norwalk, Inc., Bernard's Construction Group, Inc., and Selma and Vine North Hollywood LLC for damages arising out of the same accident. Selma and Vine North Hollywood LLC is the owner of the b...

Excerpt: ...alez, Sunstate Equipment Co., LLC, SMS International Corporation, and Sumitomo Corporation for motor vehicle and general negligence based on an accident that occurred on July 15, 2016. Plaintiffs move the Court for an order relieving erroneous admissions, ordering the admissions withdrawn, and deeming the correcting responses operative pursuant to CCP § 2033.300. 2. Evidentiary Objections Defendants' Charlie Gonzalez and Sunstate Equipment Co., ...

Excerpt: ...�Plaintiff”) filed this action against Defendant Susan Marshall Marlowe (“Defendant”) for damages arising out of an automobile accident. Plaintiff filed the complaint on 1/08/19. On 4/30/19, at Plaintiff's request, the Clerk entered Defendant's default. On 11/21/19, the Court heard and denied Defendant's motion to vacate the default entered against her. On 12/26/19, the Court reconsidered its 11/21/19 order and granted Defendant's motion fo...

Excerpt: ...eges Defendant was negligent in connection with the care and treatment relating to a May of 2017 surgery. 2. 1/06/20 Motion for Summary Judgment On 1/06/20, the Court granted Defendant's motion for summary judgment on the complaint. After setting for the general law governing the statute of limitations in medical malpractice cases, the Court ruled as follows: The timeline concerning the filing of this lawsuit is not in dispute. Defendant performe...

Excerpt: ...dent that occurred on an LACMTA bus. Plaintiff alleges she was a passenger on Defendant's bus, and the driver negligently operated in the vehicle in a manner that caused the doors of the vehicle to come into contact with her body. Defendant identified Olga Aparicio as the bus driver involved in the incident, and Plaintiff named Aparicio as Doe 1 on 8/13/19. To date, Plaintiff has not served Aparicio with the summons and complaint. Plaintiff propo...

Excerpt: ...eges Defendant was negligent in connection with the care and treatment relating to a May of 2017 surgery. 2. 1/06/20 Motion for Summary Judgment On 1/06/20, the Court granted Defendant's motion for summary judgment on the complaint. After setting for the general law governing the statute of limitations in medical malpractice cases, the Court ruled as follows: The timeline concerning the filing of this lawsuit is not in dispute. Defendant performe...

Excerpt: ...and Oxana Erush for damages arising out of an automobile accident. As against Hovhannisyan, the complaint includes causes of action for intentional tort and negligence. The intentional tort cause of action is premised on the allegation that Hovhannisyan was intoxicated at the time of the accident and fled the scene of the accident. 2. Motion for Judgment on the Pleadings At this time, Hovhannisyan moves for judgment on the pleadings on the cause ...

Excerpt: ...r damages arising out of a trip and fall on the City sidewalk abutting Rhimes's property. The City has also filed a cross-complaint against Rhimes for indemnification and related claims. Plaintiff alleges the defect in the sidewalk had multiple causes, including tree roots and a drainage pipe under the sidewalk. Plaintiff alleges, at ¶25, that Defendants are liable to Plaintiff due to failure to take care of the tree roots and due to their placi...

Excerpt: ...arising out of a three-vehicle automobile accident. Spiegel has also filed a cross- complaint against Gonzalez for her own damages arising out of the accident. Plaintiff is also involved in an underinsured motorists' arbitration action (UIM) with Allstate Northbrook Indemnity Company (“Allstate”). Plaintiff was insured by Allstate when she was involved in the automobile accident that gives rise to this action. Because Gonzalez is uninsured, P...

Excerpt: ...sing out of an automobile v. pedestrian accident. At this time, Defendants move to compel a mental examination. 2. Motion to Compel Mental Examination a. Initial Note Any opposition to this motion was due on or before 1/23/20. The Court has not received opposition to the motion. b. Law Governing Motions to Compel Mental Health Examinations Except for defense physicals in personal injury cases (in which one examination is permitted as a matter of ...

Excerpt: ... NOHO, LLC for damages arising out of a dog bite incident. Burnett was the owner of the dog at issue, and Magnolia was Burnett's landlord. Derrell, employed by WAG, was walking the dog when the bite occurred. The complaint includes causes of action for strict liability (against Burnett), negligence (against Burnett and Derrell), negligence (against WAG and Magnolia), and negligence (against Magnolia). 2. Motion for Summary Judgment/Adjudication M...

Excerpt: ...ing out of a trip and fall on a city bus handicap ramp. Plaintiff filed her complaint on 1/26/18. In her complaint, at ¶¶8-10, Plaintiff alleges compliance with the Government Tort Claims Act. 2. 12/12/19 Motion for Summary Judgment The Court heard and granted Defendants' motion for summary judgment on 12/12/19. The Court will not reiterate the entirety of its analysis. As pertains to this motion, the Court ruled as follows: Defendants deposed ...

Excerpt: ...e/Max, Classic Design Properties, Casner & Sons Construction Co., and Craig Casner for damages arising out of a slip and fall that occurred at a real estate open house. Plaintiff alleges she slipped and fell on a set of stairs due, at least in the part, to the fact that she was wearing shoe covers over her shoes. The home was owned by and had been remodeled by the Casner Defendants. The home was listed for sale by Debralynne Matsue Setting dba Cl...

Excerpt: ...ian for damages arising out of a fall from a ladder on Defendants' property. Defendants hired Plaintiff, an unlicensed handyman, to install a skylight in their dental office. Plaintiff alleges he fell off a stepladder while doing so and fractured his shoulder. Notably, Plaintiff alleges Defendants did not have workers' compensation insurance, and he seeks Labor Code penalties against them for failure to obtain such insurance. Defendants filed a c...

Excerpt: ...3/19. Defendants premised their motion on the contention that the parties fully settled all claims that form the basis of this lawsuit, and the doctrine of accord and satisfaction requires the dismissal of the case. On 11/13/19, the Court granted Defendants' motion. The Court ruled as follows: Defendants adequately show, in their moving papers, that their insurance company engaged in settlement negotiations with Plaintiffs after the accident that...

Excerpt: ...against Defendants, Santa Monica-Malibu School District and John L. Webster Elementary School for damages arising out of an incident that occurred during recess. Plaintiff's complaint alleges Defendants are liable to Plaintiff for failure to provide adequate supervision. Plaintiff alleges that, due to this negligence, another child attacked him and caused him to sustain injuries. 2. 12/04/19 Hearing on Motion for Summary Judgment The Court was or...

Excerpt: ...ng out of an alleged assault and battery that occurred at one of Defendant's San Francisco locations. 2. Motion to Transfer Venue a. Parties' Positions Defendant moves to transfer venue to San Francisco County and seeks imposition of sanctions against Plaintiff's attorney of record. Defendant bases its motion on evidence showing the incident occurred in San Francisco County, and Defendant resides in San Diego County. Plaintiff opposes the motion,...

Excerpt: ...or damages arising out of a failure to prevent a sexual assault on an LACMTA bus. At this time, LACMTA moves to compel a mental examination. 2. Motion to Compel Mental Examination a. Initial Note Any opposition to this motion was due on or before 1/21/20. The Court has not received opposition to the motion. b. Law Governing Motions to Compel Mental Health Examinations Except for defense physicals in personal injury cases (in which one examination...

Excerpt: ...rldwide, Inc., and Jose Nunez Hernandez for damages arising out of an automobile accident. 2. Motion to Compel Additional IMEs a. Parties' Positions XPO and Hernandez have previously conducted orthopedic IMEs of Plaintiffs, Armando Cabanlit and Patricia Nathali. At this time, XPO and Hernandez (hereafter “Defendants”) move to compel Armando and Patricia to sit for a neurological, neuropsychological, and neuropsychiatric examination. Defendant...

Excerpt: ...endant's bathroom. The basic facts concerning the fall are not in dispute. Plaintiff and Defendant went to lunch on the day of the incident. After lunch, they returned to Defendant's home. Plaintiff, who has a prosthetic leg, fell on Defendant's bathroom floor. Defendant's boyfriend had cleaned the bathroom floor while Plaintiff and Defendant were at lunch. 2. 12/16/19 Motion for Summary Judgment On 12/16/19, the Court heard and granted Defendant...

Excerpt: ...f an automobile accident. Plaintiffs' complaint contains a prayer for punitive damages based on the allegation that Defendant was intoxicated at the time of the subject accident. The facts that form the basis of the prayer for punitive damages are set forth at ¶EX-2 of the operative First Amended Complaint, which alleges that Defendant was driving on the wrong side of the street at an excessive speed while under the influence of a controlled sub...

Excerpt: ...n automobile accident. Plaintiff filed the action on 4/23/19. Defendant filed an answer on 6/24/19. Trial is set for 10/20/20. 2. Motion to Compel Deposition a. Initial Note Defendant timely filed and served her moving papers on 12/10/19. Opposition to the motion was due on or before 1/16/20. Plaintiff filed untimely opposition on 1/23/20. Plaintiff's proof of service indicates the opposition was served by “priority mail” on 1/16/20. In the C...

Excerpt: ...on Defendant's pavement. Plaintiff alleges she fell on a middle school campus while attending a school event. 2. Motion for Summary Judgment a. Parties' Positions At this time, Defendant moves for summary judgment on the complaint, contending (a) the defect at issue was trivial as a matter of law, and (b) the condition of the pavement was not dangerous when used with due care. Plaintiff opposes the motion, contending (a) LAUSD did not meet its mo...

Excerpt: ...inst Defendants, Evie Crocker, Ali Farvid, and Lilyana Amezcua for damages arising out of a dog attack incident. Crocker was the owner of the dog at issue, and Farvid and Amezcua were Crocker's landlords. The complaint includes causes of action for negligence (Civil Code §3342), negligence (common law strict liability), negligence (premises liability), and negligence. 2. Motion for Summary Judgment/Adjudication Defendants, Farvid and Amezcua mov...

Excerpt: ...ace Fukumori for premises liability/negligence. Plaintiff alleges she was attending an open house at a home owned/being shown by Defendants, and Defendants failed to warn her of a small step between the common area and the master bedroom. 2. Motion for Summary Judgment At this time, Horizon Adventures, Inc. dba Century 21 Astro (erroneously named as Century 21 Astro) and the Fukumoris move for summary judgment on the complaint, contending the con...

Excerpt: ...t Walmart collapsed. She alleges the bicycle collapsed because it was not properly assembled and fastened. Plaintiff was a resident of Arizona at the time of the incident. She purchased the bicycle at a Walmart store in Arizona. Sometime after the fall but prior to the filing of the lawsuit, she relocated to California and brought suit here. Defendant moved to dismiss the action based on the choice of venue, and the Court denied the motion. 1. Hi...

Excerpt: ...Tomovich & Associates for damages arising out of an automobile accident. Subsequent to the filing of the complaint, Troncale passed away. Plaintiff alleges Tomovich is liable for the accident (a) under a vicarious liability theory as Troncale's employer, and (b) under a permissive use theory. 2. Motion for Summary Judgment At this time, Tomovich moves for summary judgment. a. Parties' Positions Tomovich contends it is not liable to Plaintiff on a...

Excerpt: ...fall that occurred on Defendant's premises. Plaintiff alleges the roller skating rink was overcrowded, and skaters were skating recklessly at the time of the accident; she alleges another skater bumped into her or pushed her, causing her to fall. 2. Motion for Summary Judgment a. Relief Sought At this time, Defendant moves for summary judgment on the complaint. In the alternative, Defendant moves for summary adjudication of each of the two causes...

Excerpt: ...continue the trial date without extending the discovery cut-off. On 10/10/19, the Court granted the parties' stipulated request to continue the trial date; the Court's minute order makes clear that the discovery cut-off will run from the new trial date. The same day, Defendants gave notice of the order; their notice indicated the Court continued the trial date, FSC, AND discovery cut-off. On 12/12/19, the parties participated in an IDC concerning...

Excerpt: ...continue the trial date without extending the discovery cut-off. On 10/10/19, the Court granted the parties' stipulated request to continue the trial date; the Court's minute order makes clear that the discovery cut-off will run from the new trial date. The same day, Defendants gave notice of the order; their notice indicated the Court continued the trial date, FSC, AND discovery cut-off. On 12/12/19, the parties participated in an IDC concerning...

Excerpt: ...izon for negligence. Plaintiff alleges she hired Dizon as a personal trainer, and Dizon instructed her to do a toe tapping exercise on a dumbbell in a circular fashion. As Plaintiff was circling the dumbbell, with Dizon standing directly in her path, Plaintiff slipped and fell, fracturing her wrist. 2. Motion for Summary Judgment Defendant, 24 Hour Fitness moves for summary judgment on the complaint, contending (a) the complaint is barred by the ...

Excerpt: ...ock Riding Club, Allison Hilton, Aian Johnson, and Julie Sloan dba Sagebrook Farms for damages arising out of injuries sustained when a horse spooked and she fell off the horse. 2. Motion for Summary Judgment At this time, Sloan dba Sagebrook moves for summary judgment, contending the action is barred by the doctrine of primary assumption of the risk. a. General Law Governing Assumption of the Risk Assumption of risk falls into two categories: pr...

Excerpt: ...he public sidewalk. 2. Motion for Summary Judgment At this time, the City moves for summary judgment on the complaint, contending it lacked actual or constructive notice of any dangerous condition and it did not create the subject condition. a. Evidentiary Objections Defendant filed evidentiary objections with its reply papers. The objections are sustained. a. Burdens on Summary Judgment Summary judgment is proper “if all the papers submitted s...

Excerpt: ... out of an automobile accident. Pan is a Chinese national. Because Pan purchased rental insurance at the time of the rental, such that Civ Code §1939.33 permitted Plaintiff to serve Pan by serving the rental car company, EAN, which Plaintiff did. §1939.33 provides: (a) When a rental company enters into a rental agreement in the state for the rental of a vehicle to any renter who is not a resident of this country and, as part of, or associated w...

Excerpt: ...efendant's home. Plaintiff was working as a real estate agent and showing Defendant's home at the time she fell. 2. Motion for Summary Judgment a. Relief Sought At this time, Defendant moves for summary judgment on the complaint. She contends she is entitled to judgment as a matter of law pursuant to Privette and its progeny. b. Law Governing Summary Judgment Summary judgment is proper “if all the papers submitted show that there is no triable ...

Excerpt: ... fall at Defendants' home. 2. Motion for Summary Judgment a. Relief Sought At this time, Defendants move for summary judgment on the complaint. In the alternative, Defendants move for summary adjudication of each of the two causes of action alleged in the complaint (premises liability and negligence). Both the MSJ and the alternative MSA are made based on the contention that the complaint, and each cause of action asserted therein, is barred beca...

Excerpt: ...nd Monarch Information Systems, Inc. for damages arising out of an automobile accident. Plaintiffs allege Plamera's negligence was the cause of the accident, and Monarch is liable under a respondeat superior theory for the accident because Plamera was in the course and scope of his employment with Monarch at the time of the accident. 2. History of Discovery Dispute Plaintiffs propounded RPDs on Monarch on 4/19/19. Monarch initially indicated it d...

Excerpt: ...ponses on 3/14/19. The parties participated in an IDC on 5/14/19. At that time, Plaintiff agreed to serve supplemental responses. Despite further meet and confer efforts, Plaintiff has not done so. On 7/30/19, Defendant filed and served motions to compel further responses. On 10/10/19, the Court granted Defendant's unopposed motions to compel further responses and imposed sanctions in the amount of $4803.30. The Court ordered Plaintiff to serve f...

Excerpt: ...amages arising out of an automobile v. pedestrian accident. As part of her damages claim, Plaintiff contends she lost earnings from her employer, Apro, LLC dba United Pacific. 2. History of Discovery Dispute Defendants originally issued a records only subpoena to Apro, seeking production of Plaintiff's personnel file. After much back and forth, Apro ultimately produced the file. Thereafter, Defendants took Plaintiff's deposition; at the time of d...

Excerpt: ...s Defendant was negligent in connection with the care and treatment relating to a May of 2017 surgery. 2. Motion for Summary Judgment a. Moving Argument At this time, Defendant moves for summary judgment, contending (a) the action is barred by the statute of limitations and (b) Defendant's care and treatment of Plaintiff complied with the standard of care at all time. Plaintiff opposes the motion, contending she timely filed the action and Defend...

Excerpt: ...ll that occurred on Defendant's premises. Plaintiff alleges the roller skating rink was overcrowded, and skaters were skating recklessly at the time of the accident; she alleges another skater bumped into her or pushed her, causing her to fall. 2. Motion for Summary Judgment a. Relief Sought At this time, Defendant moves for summary judgment on the complaint. In the alternative, Defendant moves for summary adjudication of each of the two causes o...

Excerpt: ...LLC, Rasier-CA, LLC, Rasier-DC, LLC, Rasier-PA, LLC, Matthew Victor Wong, Snooty Fox Motor Inn, and Pine Tree Industrial Corporation for damages arising out of a sexual assault. Plaintiff alleges Defendant, Wong, while working for Uber, took her to the Snooty Fox and raped and sodomized her at the motel. The Court previously granted summary judgment in favor of Snooty Fox/Pine Tree, leaving Wong and the Uber entities as the remaining defendants i...

Excerpt: ...on for negligence. Plaintiff alleges she hired Dizon as a personal trainer, and Dizon instructed her to do a toe tapping exercise on a dumbbell in a circular fashion. As Plaintiff was circling the dumbbell, with Dizon standing directly in her path, Plaintiff slipped and fell, fracturing her wrist. 2. Motion for Summary Judgment Defendant, 24 Hour Fitness moves for summary judgment on the complaint, contending (a) the complaint is barred by the do...

Excerpt: ...nd Antonio I. Gonzalez, propounded form interrogatories, special interrogatories, and RPDs on Plaintiffs, Mario Villalta and Guadalupe Chavarria on 5/23/18. On 11/02/18, because Plaintiffs had not served responses, the Court granted motions to compel. On 3/01/19, finding Plaintiffs had still not served responses, the Court granted Defendants' motion for terminating sanctions. On 9/03/19, Plaintiffs filed this motion to vacate the dismissal. The C...

Excerpt: ... Li for negligence and premises liability. Plaintiff's complaint is premised on the allegation that she was lawfully on Defendants' property (a pub and restaurant) when another permitted and/or invited individual on the property discharged a firearm into a crowd of people, striking Plaintiff in the face with a bullet and causing her to sustain serious injuries. The complaint included a prayer for punitive damages. The prayer for punitive damages ...

Excerpt: ...y”), Walmart, Inc. (“Walmart”), Maria Lopez (“Maria”), and Does 1 through 100 alleging a sole cause of action for negligence. The complaint alleges that Kelly places employees with corporations and businesses for temporary jobs and employment. (Complaint, ¶ 13.) Defendant Maria works for Kelly and personally assigned Plaintiff to work at Walmart. (Complaint, ¶ 15.) Walmart instructed Plaintiff to work faster and move a shelf which was...

Excerpt: ...roup, Inc. (erroneously sued and served as Jack in the Box, a California Corporation) for damages arising out of an incident that occurred in Defendants' bathroom. Defendant propounded a deposition subpoena for production of Plaintiff's health records. The hospital on whom the subpoena was propounded produced records showing Plaintiff's bills were paid by Medi-Cal. At this time, Defendant moves to compel Plaintiff to sign an authorization concern...

Excerpt: ...of an automobile accident. The accident occurred on 11/12/16. Plaintiff, in response to form interrogatory 6.2, indicated she suffered numerous injuries as a result of the accident, including injuries to her spine, shoulder, hand, knees, neck, and toe. She also indicated she suffered post-traumatic headache, neck pain, back pain, stiffness in her hand, chest pain, and a cyst. Most importantly, she indicates she tore her medial meniscus in the acc...

Excerpt: ...nd Thomas Cachur, M.D. for medical malpractice arising out of care and treatment that allegedly led to the miscarriage of Plaintiffs' fetus. On 5/19/16, the Court heard and granted Defendants' motion for judgment on the pleadings, finding that, under established California law, Plaintiffs cannot properly assert a claim for wrongful death arising out of the death of a fetus. The Court denied Plaintiffs' request to amend their complaint to state an...

Excerpt: ...hone, and Bridgette M. Thone for damages arising out of a construction site injury. The basic facts concerning the injury are not in dispute. The owners of the property on which the injury occurred were the Thones. Complaint, ¶11. Bernie Forbes Construction, Inc. was the general contractor. Id. Plaintiff suffered injuries when he fell off scaffolding he was standing on. 2. Motion for Summary Judgment At this time, the Thones move for summary jud...

Excerpt: ... Filiberto Berumen this action against Defendants, Berenice Gonzalez, Sara Solis and Octavio Cuellar for damages arising out of an automobile accident. Defendants filed their answer to the complaint on 8/12/19. The answer consists of a general denial and nine affirmative defenses. 2. Demurrer to Answer Plaintiff demurs to the answer, contending the first through ninth affirmative defenses fails to state a defense and are uncertain. a. Law Regardi...

Excerpt: ...y of Van Nuys for damages arising out of a slip and fall. Plaintiff's original complaint remains her operative complaint, and it includes causes of action for dangerous condition of public property and vicarious liability for wrongful acts or omissions by public entity employees. On 11/29/17, Plaintiff dismissed the County. On 1/19/18, Plaintiff added NF Plant Enterprises, L.P. as Doe 1. On 4/27/18, Plaintiff dismissed the City of LA. On 11/08/18...