Excerpt: ...iff has noticed Defendant's deposition on numerous occasions, but the deposition has not gone forward. Most recently, Plaintiff noticed the deposition for 2/22/19, and Defendant indicated an inability to appear. Plaintiff therefore moves to compel the deposition at this time. Defendant, in opposition to the motion, concedes a deposition is appropriate. Defendant notes, however, that Counsel cannot locate Defendant. Defense Counsel indicates more ...

Excerpt: ...laintiff, Eleanora Murph filed this action against Defendants, NBC Universal Theme Parks and Scooterbug, Inc. for premises liability, negligence, and products liability. Plaintiff's operative complaint is her First Amended Complaint, filed on 1/30/19. Plaintiff alleges she visited Universal Studios and rented a wheelchair; however, the brakes did not work and the pedals did not stay up. Plaintiff complained, and Universal provided a second wheelc...

Excerpt: ...ofessional negligence and lack of informed consent. Plaintiff alleges she had brachioplasty/revision surgery performed by Sanders at the Center. She alleges she experienced numbness and weakness, followed by extreme pain and discomfort, after the surgery. She alleges Sanders admitted the surgery was “botched” and refunded her money. Her arm has not healed properly and she has scars and disfigurement as a result of the surgery. She also allege...

Excerpt: ...t. Joseph Medical Center, et al. for wrongful death/medical malpractice. Plaintiffs allege Defendants were negligent in their care and treatment of Decedent, David Leveque, who died as a result of their negligence on 5/28/16. At this time Defendants, Zahi Elias Nassoura, M.D. and Faud Farah Faridi, M.D. demur to the complaint, contending it fails to state facts sufficient to state a cause of action against them and is uncertain. Plaintiff argues ...

Excerpt: ...mobile accident. Plaintiff's wife is not making a claim for loss of consortium. 2. Matters on Calendar Today Defendants have been attempting to depose Plaintiff's wife for the purpose of obtaining information about Plaintiff's damages claims. On calendar today are two competing motions: Defendants' motion to compel Plaintiffs' wife's deposition, and Plaintiff's motion for a protective order precluding his wife's deposition. 3. Standard for Protec...

Excerpt: ...tomobile accident. Moulison was a passenger in a vehicle driven by Defendant, Majid Motaghianmonazzam, who was driving for Uber at the time of the accident. The other automobile involved in the collision was driven by Defendant, Alfredo Meneses, who was employed by various entity defendants, including Outfront Media, LLC, Outfront Media, Inc., Outfront Decaux Street Furniture, LLC, and/or JCDecaux North America. Plaintiff filed her complaint on 1...

Excerpt: ...ate, or appear. Defense Counsel attempted to meet and confer after the missed deposition, and Plaintiff did not respond. At this time, Defendants move to compel Plaintiff's deposition, to compel production of documents at deposition, and seek to recover sanctions. The motion to compel is granted. CCP §2025.450(a) requires the Court to grant a motion to compel deposition unless the deponent has served a valid objection to the notice of deposition...

Excerpt: ...g out of the death of Decedent, Laura Serrano. Decedent was Plaintiffs' wife and mother, respectively. She was using her electric wheelchair on Defendant's sidewalk when the wheelchair tipped over and she fell out. She passed away later that same day. 2. Motion for Summary Judgment Defendant moves for summary judgment on the complaint, contending (a) Plaintiffs failed to state a cause of action for wrongful death and cannot state a survival claim...

Excerpt: ...st Defendant, James N. Knowles for damages arising out of an automobile accident. Plaintiff filed his complaint on 10/11/18. On 3/27/19, Plaintiff filed the instant motion for leave to amend. Plaintiff seeks leave to add a prayer for punitive damages to his complaint, premised on the contention that Defendant was driving under the influence of alcohol at the time of the accident. Defendant opposes the motion, contending Plaintiff knew of the fact...

Excerpt: .... May 1, 2019 Plaintiff's motion to quash Defendant's subpoenas to (1) Kaiser Permanente Central Release of Information Unit, (2) Kaiser Permanente Central Support Services Revenue Cycle, and (3) S.C.P.M.G. – Baldwin Park Radiology Dept. for Plaintiff's medical, billing, and radiology records is GRANTED, in part. The Court orders the subpoenas to be limited to medical, billing, and radiology records regarding the specific body parts listed in P...

Excerpt: ...Interest to Ali Moezzi, deceased (collectively “Plaintiffs”), filed a complaint against Defendant Luis Antonio Rivas (“Defendant”), asserting causes of action for motor vehicle, general negligence, negligent infliction of emotional distress, wrongful death, and survival claim. On April 11, 2018, Defendant filed an answer to the complaint. On March 5, 2019, Defendant filed a motion for judgment on the pleadings. On April 24, 2019, Defendan...

Excerpt: ...int against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”), asserting claims for general negligence/negligence per se and premises liability. On January 28, 2019, Plaintiff filed a first amended complaint against Defendant, asserting a claim for negligence. Plaintiff alleged he was a passenger on the Metro Expo Line on March 17, 2018, and, upon entering the metro rail, Plaintiff secured his bike properly and ...

Excerpt: ...LACMTA for damages arising out of a fall on the City's sidewalk while attempting to board LACMTA's bus. Plaintiff filed her complaint on 10/24/18. Both defendants have filed answers to the complaint. The City filed a cross-complaint against LACMTA. 2. Motion for Leave to File Cross-Complaint At this time, LACMTA seeks leave to file a cross-complaint against the City for indemnification and related claims. a. Law Governing Cross‐Complaints A cro...

Excerpt: ...n sued Defendants Jeffrey Elliot Boyer, David Tharp, and Rhonda Tharp. Plaintiffs allege that Defendant Boyer caused the vehicle accident resulting in Plaintiffs' injuries. The incident also caused the death of Marc Schachter. Defendants filed an indemnity and contribution cross-complaint against Cross-defendants Marc Schachter and Estate of Marc Schachter. Cross-defendant Estate of Marc Schachter filed an indemnity and contribution counter claim...

Excerpt: ... prayer for punitive damages shall be stricken from the Complaint. I. Background Plaintiff filed a Judicial Council form complaint on November 6, 2018, naming Jana Adrianne Cahn, Shayne C. Chavez, and Does 1 to 25 as Defendants. The Complaint alleges a single cause of action for negligence arising from a motor vehicle collision which allegedly took place on November 30, 2016 at the intersection of Rossmore Avenue and 4th Street in Los Angeles. Pl...

Excerpt: ...Plaintiff Jill Faxon (“Plaintiff”) filed this action against Defendants Arthur Juoh Kim (“Kim”) and Does 1 to 10 alleging causes of action for (1) negligence and (2) negligent per se. On June 18, 2018, Plaintiff named Juan Ricondo (“Ricondo”) as Doe 1, Enterprise Rent-A-Car (“Enterprise”) as Doe 2, and EAN Holdings LLC (“Ean”) by amendments to complaint. On June 13, 2018, Defendant Kim filed a cross-complaint against Ean and R...

Excerpt: ...complaint against Defendants Nazanin Firooz and Does 1 to 50 for (1) medical malpractice, (2) lack of informed consent, and (3) negligent misrepresentation. On December 7, 2017, pursuant to the parties' stipulation, the lack of informed consent and negligent misrepresentation causes of action were stricken from the complaint. On November 14, 2018, Defendant filed a motion for summary judgment. The Court granted the motion on April 2, 2019. On Apr...

Excerpt: ...al negligence, motor vehicle, and intentional infliction of emotional distress, arising out of an automobile accident that occurred on November 9, 2016. Demurrer Defendant Mario Torres (“Defendant”) demurs to the 1 st (general negligence), 2 nd (motor vehicle), and 3 rd (intentional tort – intentional infliction of emotional distress) causes of action in the first amended complaint of Plaintiff Sandra Chavez (“Plaintiff”). Defendant arg...

Excerpt: ... propounded form interrogatories and requests for production of documents on Plaintiff on 9/2818. On 11/01/18 Plaintiff, through Counsel, served responses consisting almost entirely of objections. The responses were not signed by Counsel. Counsel met and conferred, and Plaintiff's Counsel asked for additional time to respond; because the deadline to file the motions was approaching, Defense Counsel refused. No responses were received. On 12/26/18...

Excerpt: ... Lobo, M.D. and Bradley J. Roth, M.D. for medical malpractice. Plaintiff, Hernandez alleges Defendants were negligent in connection with a gall bladder surgery. Plaintiff, Reyes brings a claim for loss of consortium. 2. Motion for Summary Judgment a. Moving Argument At this time, Dr. Roth moves for summary judgment, contending he complied with the standard of care at all times, and nothing he did caused or contributed to Plaintiff's claimed damag...

Excerpt: ...nd Plaintiff has not appeared. Defendant moves to compel Plaintiff to attend an IME. Plaintiff opposes the motion, contending he is currently in ICE detention and cannot attend an IME. The Court was originally scheduled to hear this motion on 3/20/19. The Court continued the hearing to 4/19/19, and ordered the parties to brief the following issues:  Whether an IME can go forward while a person is in ICE control (can the doctor travel to the de...

Excerpt: ...f Rodolfo Gonzalez, deceased (“Plaintiff”) filed a complaint against Defendants City of Monterey Park; City of Monterey Park Department of Fire and Ambulance; Fernando Ibarra, M.D.; Fernando Ibarra, M.D., Inc.; and Does 1 through 100 for professional negligence. On May 15, 2018, Plaintiff filed a petition for relief from claims requirement. On June 11, 2018, the Court denied Plaintiff's petition without prejudice to Plaintiff's right to file ...

Excerpt: ...nd Plaintiff has not appeared. Defendant moves to compel Plaintiff to attend an IME. Plaintiff opposes the motion, contending he is currently in ICE detention and cannot attend an IME. The Court was originally scheduled to hear this motion on 3/20/19. The Court continued the hearing to 4/19/19, and ordered the parties to brief the following issues:  Whether an IME can go forward while a person is in ICE control (can the doctor travel to the de...

Excerpt: ...and fall that occurred in one of Defendant's stores. 2. Motion to Transfer Venue At this time, Defendant moves to transfer venue to Orange County, contending the accident took place in Orange County; Plaintiff resides in Orange County; treating physicians are in Orange County; and percipient witnesses are in Orange County. Defendant contends Orange County is the most convenient forum for the action. a. Initial Note Plaintiff argues the motion is ...

Excerpt: ...action against Defendant, City of Los Angeles for negligence, products liability, and premises liability arising out of a malfunctioning traffic signal. Plaintiff's first and third causes of action are pled against the City; the second cause of action is pled solely against doe defendants. Plaintiff alleges he was struck by an automobile that failed to stop at the intersection because of the malfunctioning light. 2. History of Demurrer The partie...

Excerpt: ...il 16, 2019 1. Background Facts Plaintiff, Leslie Cho filed this action against Defendants, City of Los Angeles, Jordan Purrington, Cushman & Wakefield Management Group, Construction Service Group, Inc., and Hanjin International Corp. for damages arising out of an automobile v. ambulance accident. As it relates to Hanjin, the complaint pleads, “Plaintiff Leslie Cho was traveling Eastbound Wilshire Blvd. in the #2 lane, her light was green ahead...

Excerpt: ...ty of Los Angeles for damages arising out of an automobile accident that killed Decedent, Charles Wang. On 3/08/19, Defendants filed a motion for summary judgment wherein they argue that various immunities apply such that the complaint must fail as a matter of law. On 3/18/19, Plaintiffs filed this motion for leave to amend, seeking to essentially file an amended complaint circumventing the various defenses asserted by way of the summary judgment...

Excerpt: ...sing out of an automobile accident. 2. History of Discovery Dispute Defendant has propounded numerous notices of deposition on Plaintiffs. Plaintiffs have asserted written objections to each notice of deposition; the objections are made on the ground that the depositions were improperly unilaterally set. The last deposition was noticed on 1/22/19 and scheduled for 2/12/19. Plaintiffs failed to appear on 2/12/19, and Defendant took a Certificate o...

Excerpt: ...y of California, and UCLA Faculty Group Dental Practice for damages arising out of an incident that occurred while Plaintiff was undergoing a root canal; specifically, Plaintiff alleges a microscope eyepiece landed on her head, causing her to sustain injuries. Regents previously had Plaintiff examined by a neuropsychologist. At this time, Regents moves for an order permitting it to conduct a neuropsychiatric examination of Plaintiff. 2. Motion to...

Excerpt: ... auto v. pedestrian accident. The accident occurred on 8/22/17. Plaintiff filed the action on 12/07/18. Defendant filed an answer on 3/04/19. Plaintiff filed this motion for preference on 3/13/19. 2. Motion for Trial Setting Preference Plaintiff moves for trial setting preference pursuant to CCP §36(a), which provides: (a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant i...

Excerpt: ...eron for damages arising out of a trip and fall on a public street. Plaintiff alleges she was walking on a public street adjacent to Calderon's property when she stepped into a ditch/depressed area and fell. 2. Motion for Summary Judgment 3. Burdens on Summary Judgment Summary judgment is proper “if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter ...

Excerpt: ...Defendant propounded a subpoena on Plaintiff's employer, Intercontinential Hotel. Plaintiff moves to quash the subpoena at this time. a. Initial Note On 3/21/19, the Court heard Plaintiff's motion to quash Defendant's subpoena directed at her other employer, A Line Messenger Services. The Court ruled on the motion, in pertinent part, as follows: Defendant also propounded a deposition subpoena for production of business records on Plaintiff's empl...

Excerpt: ...ip and fall. 2. Motion to Quash Plaintiff moves to quash a subpoena directed at his employer at this time. a. Initial Note Defendant, in opposition to the motion, shows that it never actually served the subpoena on Plaintiff's employer. Instead, because Plaintiff served objections, Defendant instructed Titan Legal to not serve the subpoena on the employer. The motion is, therefore, substantively moot. The Court will briefly discuss the scope of a...

Excerpt: ... damages arising out of a fall she sustained while riding on Defendants' bus. She named the driver of the bus, Ernest Fisher, as a doe defendant in the action. 2. Motion for Summary Judgment Defendants, Transdev and Fisher move for summary judgment, contending (a) Defendants complied with the standard of care governing common carriers, and (b) Plaintiff was the proximate cause of her own injuries. a. Burdens on Summary Judgment Summary judgment i...

Excerpt: ...rtofino Hotel & Marina for damages arising out of bug bites sustained when Plaintiff was a guest at Defendants' hotel. 2. Motion for Summary Judgment Defendants move for summary judgment, contending (a) the action is barred by the statute of limitations, and (b) there were no bed bugs or other pests in Plaintiff's room during his stay. a. Burdens on Summary Judgment Summary judgment is proper “if all the papers submitted show that there is no t...

Excerpt: ...arbitration provisions. The case was not filed as a civil complaint. For reasons that are not clear, Plaintiff obtained an STCV case number, which is appropriate for a complaint but not for a petition. Petitions are given STCP numbers, as opposed to STCV numbers. Because the substance of the parties' dispute is not at issue in this action, the Court vacates the final status conference and trial dates, and no FSC or trial is necessary in connectio...

Excerpt: ...sing out of a slip and fall. 2. Motions to Compel Deposition a. Background Information Plaintiff noticed the deposition of Defendant's PMK concerning any video and/or photographic evidence of the floor for the two hours prior to the incident that exists and is maintained by Defendant. The parties rescheduled the deposition on numerous occasions, and on 10/16/18, Defendant produced Jose Aguilar as its PMK for deposition. Aguilar, however, testifie...

Excerpt: ...rs, Inc. for damages arising out of food poisoning he suffered on Christmas Day in 2017. Plaintiff alleges he is allergic to Sulfa and Iodine. Plaintiff alleges he became seriously ill after ingesting a product manufactured by Triple H and sold by Trader Joes, “Winter Wassail.” Plaintiff's wife, Guadalupe Davis, seeks to recover damages for emotional distress arising out of witnessing her husband's allergic reaction. Plaintiffs' complaint inc...

Excerpt: ... out of medical malpractice. Specifically, Plaintiff alleges Defendant used dirty needles to administer injections; the injections resulted in infection, which resulted in very serious injuries. 2. Motion for Leave to Amend a. Relief Sought At this time, Plaintiff moves for leave to amend his complaint to state a cause of action for fraud. Plaintiff seeks to add allegations that Defendant, after he received Plaintiff's notice of intent to sue, al...

Excerpt: ...amages arising out of a two-vehicle accident. Plaintiff was a passenger in a vehicle driven by Abdi and owned by Taxi when the vehicle collided with a vehicle driven by Cua. Plaintiff filed the action on 2/04/16. Plaintiff filed proof of service of the summons, complaint, and related documents on Abdi on 12/30/16. The POS indicates a registered process server served Abdi, via substitute service on “John” Abdi, on 12/29/16 at an address in Ing...

Excerpt: ...demurrer to the fourth cause of action is OVERRULED. Defendant's demurrer to the fifth cause of action is SUSTAINED with leave to amend. Defendant's motion to strike punitive damages is GRANTED without leave to amend. Defendant's motion to strike attorney's fees is GRANTED with leave to amend. I. Background Facts On November 5, 2018, Plaintiff Herbert Hudson (“Plaintiff”) filed a complaint against Defendants Kourosh Maddahi, Kourosh Maddahi, ...

Excerpt: ...complex and transferring it to the Compton Courthouse for all further proceedings. Plaintiff moves pursuant to CRC 3.400, et seq. It appears Plaintiff is confusing “complex” cases and “complicated cases.” “Complex” cases are heard in the Spring Street Courthouse in downtown Los Angeles. “Complicated cases” are cases that the personal injury court, following its own internal guidelines, determines should not be heard in the persona...

Excerpt: ...on to Quash Defendant propounded a subpoena on Plaintiff's employer. Plaintiff moves to quash the subpoenas at this time. a. Initial Note The parties argue at length about whether the parties' attempts to meet and confer prior to filing the motion were sufficient and who is at fault for the failure to meet and confer. While the Court always appreciates attempts to meet and confer, there is no meet and confer requirement in connection with a motio...

Excerpt: ...lsea Pollard filed this action against Defendants, Nicholas Abramovic and Katja Grosch for damages arising out of an automobile accident. Plaintiffs' complaint contains a cause of action for intentional tort and attendant prayer for punitive damages based on the allegation that Defendant, Abramovic was intoxicated at the time of the subject accident. Specifically, Plaintiffs' complaint alleges: Defendant Nicholas Abramovic, knowingly under the in...

Excerpt: ...nts seek an order compelling Plaintiff to attend his deposition and to pay sanctions. On 3/20/19, Plaintiff filed and served timely opposition to the motions. Plaintiff argues the motion should be denied because the dates were not cleared with Plaintiff, Plaintiff's attorney was not available on some of the dates, and Plaintiff was not medically available on other dates. On 3/25/19, Defendants filed and served a timely reply to the opposition. Th...

Excerpt: ...for damages arising out of an automobile accident. On 1/17/19, the Court granted Plaintiff's motion for leave to file a First Amended Complaint. The order specified that the ruling was without prejudice to Defendant's right to file a motion to strike. Plaintiff's operative FAC contains a prayer for punitive damages. The request for punitive damages is premised on the contention that (a) Defendant was driving under the influence at the time of the...

Excerpt: ...deposition on four occasions, and each time Plaintiff canceled the deposition at the last minute and/or failed to appear. This includes Plaintiff's 2/28/19 deposition, which date was selected by Plaintiff, but which date Plaintiff canceled unilaterally and without explanation on 2/26/19. On 2/26/19 and 2/27/19, the attorneys wrote back and forth via e-mail. The e-mail chain is attached as Exhibit F to the moving papers. Defense Counsel asked why ...

Excerpt: ...omobile accident. Plaintiff's complaint alleges each of the two defendants owned, operated, leased, and/or entrusted the vehicle involved in the collision with Plaintiff. The complaint includes causes of action for motor vehicle negligence, negligence, and negligent entrustment; the first two causes of action are alleged against both of the named defendants, and the third cause of action is alleged against Pearson, Sr. only. Plaintiff filed the c...

Excerpt: ...st Defendants, Marc Sean Lapsley, Sr. and Perris Valley Auto Center, Inc. for damages arising out of an automobile accident. 2. Parties' Positions Defendants move to transfer this action from unlimited to limited jurisdiction court, contending Plaintiff will not recover damages in excess of the jurisdictional limit in this case. Defendant argues Plaintiff's medical bills are in the amount of $80, her lost wages are in the amount of $403.53, loss ...

Excerpt: .... for damages arising out of an on-the-job injury. Plaintiffs allege Patrick was acting as a stunt man on a production when Defendant, Danielle Mone Truitt applied too much pressure during a choke hold, causing him to pass out, become unconscious, and strike his head on the ground, sustaining injuries. 2. Prior Motion to Strike Plaintiffs' original complaint included a prayer for punitive damages against Truitt, and Truitt moved to strike the pra...

Excerpt: ...mplaint included causes of action for medical negligence, lack of informed consent, and negligent misrepresentation. The parties stipulated to strike the second and third causes of action, such that only the medical negligence cause of action remains at issue at this time. The cause of action for medical negligence alleges Defendant was negligent in prescribing and/or administering a medication to Plaintiff that Defendant knew or should have know...

Excerpt: ... a slip and fall. Defendant noticed Plaintiff's IME, and Plaintiff agreed to attend. Plaintiff failed, however, to actually attend the IME. Defendant moves to compel attendance at an IME and also requests sanctions. Plaintiff concedes, in opposition to the motion, that an order compelling the IME is necessary. The motion to compel an IME is therefore granted. The attorneys are ordered to meet and confer forthwith to schedule the IME on a mutually...

Excerpt: ...Valley Hospital Medical Center, Inland Center Medical Group, P.C., and Geeta Patel, M.D. for damages arising out of alleged medical malpractice. Austin is a minor, and alleges he sustained severe and permanent brain injuries during childbirth. 2. Prior Discovery Order Plaintiffs propounded notices of deposition on Defendant, Pomona Valley on multiple occasions in an attempt to depose Defendant's employees, Francisco Cuellar, M.D., Christina Dee, ...

Excerpt: ...er marked “Infinity Insurance” with a policy number as Plaintiffs' insurance carrier. Defendant propounded form interrogatories, and Plaintiffs served responses on 5/18/18. In response to form interrogatory 4.1, which asked for Plaintiffs' insurance information, Plaintiffs indicated, “Relevant information relating to Responding Party's insurance coverage has already been given to and is already in possession of Propounding Party.” Plainti...

Excerpt: ...ce. Plaintiff alleges Defendants were negligent in connection with a hernia repair procedure. Defendant, Hospital moves for summary judgment. Defendant supports its motion with the expert declaration of Robert Cole, M.D. Cole sets forth her expert credentials, states what records he reviewed, details Defendant's staff's care and treatment of Plaintiff, and ultimately concludes that Defendant's staff's care and treatment of Plaintiff complied with...

Excerpt: ...and Jon Cua for damages arising out of a two-vehicle accident. Plaintiff was a passenger in a vehicle driven by Abdi and owned by Taxi when the vehicle collided with a vehicle driven by Cua. Abdi is in default. Taxi argues the accident was caused mostly by Cua failing to yield the right of way. Cua argues Abdi contributed to the accident by driving well in excess of the speed limit, and also argues Plaintiff contributed to his own injuries by fai...

Excerpt: ...s arising out of a trip and fall. Plaintiff tripped and fell on a scooter that some children, also in the store, had left in the store. Plaintiff filed her complaint on 8/03/17. The complaint includes causes of action for negligence, premises liability, and negligent supervision. The first and second causes of action are alleged against Petco and Does 1-25; the third cause of action is alleged against Does 26-50. On 8/18/17, Plaintiff added Jenni...

Excerpt: ... Los Angeles Unified School District for damages arising out of injuries sustained on Defendant's staircase. Plaintiff's complaint alleges, in pertinent part: 8. On or about October 7, 2015, and at all times prior thereto, while Plaintiff was a student Lomita Math/Science Magnet School, located at 2211 W. 247th Street, in the City of Lomita, County of Los Angeles, State of California, Defendants, and each and all of them, subjected Plaintiff to a...

Excerpt: ...andez for damages arising out of an automobile accident. Plaintiff's complaint includes a second cause of action for declaratory relief, which alleges Plaintiff made a settlement offer on 8/08/17 and Defendant made a counter-offer on 8/23/17 that Defendant believes constitutes acceptance of Plaintiff's 8/08/17 offer. The cause of action alleges a controversy exists between Plaintiff and Defendant concerning whether or not there has been a settlem...

Excerpt: ...shua Ryan Gutierrez and Greg Gutierrez for damages arising out of an automobile accident. Plaintiff, Saul Castaneda filed BC693546 against Defendants, Sierra Pacific Plumbing, Inc. and Joshua Gutierrez for damages arising out of the same accident. On 8/01/18, the Court deemed the two cases related. 2. Motion for Leave to File Cross-Complaint a. Relief Sought At this time, Sierra Pacific Plumbing, Inc. and Joshua Gutierrez seek leave to file a cro...

Excerpt: ...he filing and issued a reject stating, “Reject Reason Other: The Law Firm Name on EFM System does not match to a complaint submitted. Please correct and resubmit.” Plaintiff received notice of the rejection on 12/14/18, and re-filed the complaint that same day. The complaint on file, therefore, reflects a filing date of 12/14/18. 12/11/18 fell before the expiration of the statute of limitations, but 12/14/18 falls after the expiration of the ...

Excerpt: ...n automobile accident. Plaintiffs are also involved in an underinsured motorists' arbitration action (UIM) with Mercury Insurance Company (“Mercury”). Plaintiffs were insured by Mercury when they were involved in the automobile accident that gives rise to this action. Plaintiff made a claim with Mercury, and the amount is in dispute. 2. Motion to Consolidate At this time, Plaintiffs move to consolidate the civil action with the UIM action. CC...

Excerpt: ...017, she was injured at Defendant Star Hookah Lounge, Inc.'s (“Defendant”) business premises located at 6430 Hollywood Boulevard, Los Angeles, CA. (“Subject Premises.) Plaintiff claims that she sustained injuries after a hot coal fell on her. On October 23, 2018, Plaintiff filed a complaint against Defendant asserting causes of action for: (1) Negligence; (2) Intentional Infliction of Emotional Distress; (3) Premises Liability; (4) Strict L...

Excerpt: ... Gutierrez and San Fernando Valley Ice Co., Inc. for damages arising out of an automobile accident. At this time, Defendants move for an order permitting them to conduct a mental health (neuropsychological) examination of Plaintiff. 2. Motion to Compel a. Initial Notes Any opposition to this motion was due on or before 3/11/19. The Court has not received opposition to the motion. The Court will not consider any untimely opposition papers. The Cou...

Excerpt: ...up for damages arising out of an automobile accident. The County filed the action because its employee, Sang Wook Kim, was injured in the accident, and the County paid workers' compensation benefits. Kim filed a complaint-in- intervention. Kim was acting in his capacity as a County peace officer at the time of the accident. At this time, Defendants move to discover portions of Kim's personnel records pursuant to a “Pitchess” motion. 2. Law Re...

Excerpt: ...Defendant propounded subpoenas on (a) Plaintiff's various health care providers, and (b) Plaintiff's employer. Plaintiff moves to quash the subpoenas at this time. a. Initial Note The parties argue at length about whether Plaintiff's attempts to meet and confer prior to filing the motion were sufficient. While the Court always appreciates attempts to meet and confer, there is no meet and confer requirement in connection with a motion to quash. De...

Excerpt: ...endant moves to compel Plaintiff to attend an IME. Plaintiff opposes the motion, contending he is currently in ICE detention and cannot attend an IME. On February 28, 2019, at Plaintiff's ex parte motion to continue this matter for one year, the Court was advised Plaintiff missed three IME appointments before his counsel informed the Defendant of the indefinite custodial dilemma. The Court was also advised Defendant designated experts and expende...

Excerpt: ...on for damages arising out of a dog bite incident. 2. Motion to Compel Further Responses a. Basic Facts Plaintiff propounded RFAs on Defendants, and Defendants timely responded. The parties met and conferred, and also participated in an informal discovery conference. They have been unable, however, to resolve the dispute concerning whether Defendants' answers to the RFAs are sufficient. This motion to compel further responses therefore follows. b...

Excerpt: ... fall. The complaint includes one cause of action for premises liability, and alleges Plaintiff, while in the course of her job as a postal carrier, tripped and fell on an uneven and cracked concrete walkway in the front yard of Defendant's residence. 2. Motion for Summary Judgment At this time, McMaster moves for summary judgment, contending (a) the defect at issue was trivial; and (b) the condition at issue was open and obvious. a. Evidentiary ...

Excerpt: ... time to respond, and responses were due on 11/30/18. Defendants asked for an additional extension of time to respond, and Plaintiff refused. Plaintiff filed these motions to compel on 2/15/19, contending Defendants had still not responded to the discovery. Plaintiff seeks an order compelling Defendants to respond, without objections, and to pay sanctions. On 3/06/19, Defendants filed timely opposition to the motion to compel. Defendants' attorne...

Excerpt: ... Ramon Aaron Corrales for wrongful death arising out of the death of Decedent, Jessie Romero. At this time, Plaintiffs move for trial setting preference pursuant to CCP §36(a), which provides: (a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The hea...

Excerpt: ... accident occurred on 5/01/14. Complaint, ¶4. Plaintiff filed the complaint on 4/29/16. On 5/06/16, Farhad Rashti and Mahnaz Rashti filed a Notice of Lien. They indicate that Plaintiff owes them money per a judgment in LC085399 in the total amount of $1,854,106.90; they assert a right to collect any judgment Plaintiff ultimately obtains in this case. On 10/14/16, Plaintiff's attorney substituted out of the case, leaving Plaintiff representing hi...

Excerpt: ...f a trip and fall on an open water meter box. The City filed a motion for summary judgment, setting it for hearing on 1/04/19. Prior to the hearing, the Court issued a tentative ruling denying the motion. The Court ultimately continued the hearing for further briefing. Because the bench officer in Department 3 changed between 1/04/19 and the present date, it is not certain exactly why the hearing on the motion was continued. The Court indicated t...

Excerpt: ...his action against Defendant, Anthony Trent Stearns for damages arising out of a surf accident that occurred while Plaintiff was taking a lesson from Defendant. 2. Motion for Judgment on the Pleadings Defendant moves for judgment on the pleadings, contending this lawsuit is barred by the doctrine of res judicata. Defendant contends Plaintiff was obligated to raise his claims, if ever, during prosecution of BC546184, Gong v. Clout Malibu, LLC. a. ...

Excerpt: ...ground Facts Plaintiff Kathrine Thomson, guardian ad litem for minor Carlo Sueyro (“Plaintiff”) alleges that on October 6, 2017, the minor Plaintiff fell and fractured his right arm while participating in a San Rafael Elementary School, which is an elementary school within the Pasadena Unified School District, “jog-o-thon” during his physical education class. Plaintiff further alleges that he had previously been diagnosed with a tumor on ...

Excerpt: ...Bernal Defendants move for a continuance of the trial date, contending Plaintiff has failed to respond to discovery, such that the parties have been unable to prepare for trial. Defendants also note that the Estate of Donald Bernal only recently appeared in the action. Notably, the trial in this case has been continued multiple times previously. The Court finds the addition of a new defendant, as well as the failure of Plaintiff to meaningfully p...

Excerpt: ...ff, Treshunda Juddine, a minor by and through her GAL, Krishawnna Barker, filed this action against Defendants, Does 1-100 for damages arising out of alleged medical malpractice. Plaintiff has since named a variety of doe defendants, including Moving Defendant, Michael J. Dawson, MD. At this time, Dawson moves to (a) compel Plaintiff to respond to RPDs, set two, (b) compel Plaintiff to sign an authorization concerning her medical records, and (c)...

Excerpt: ...sing out of an automobile accident. At this time, Defendant moves for an order permitting him to conduct a mental health (neuropsychological) examination of Plaintiff. 2. Initial Notes As an initial note, on 6/12/18, the Court granted an order consolidating BC682495 with BC630861 for all purposes. When Defendant filed this motion, he filed it with case number BC682495. Pursuant to CRC 3.350(b), unless the court orders otherwise when granting the ...

Excerpt: ... 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, Plaint...

Excerpt: ...aintiff's IMEs (2) to take place in San Clemente, both on the same day. San Clemente is within 75 miles of Plaintiff's residence, as required per Code. Plaintiff expressed difficulty attending the IMEs in San Clemente, and the parties agreed that they would be conducted at Defense Counsel's office in West LA instead. As a condition of the agreement, Plaintiff agreed to pay one of the expert's fees for traveling to the IME. Defense Counsel forward...

Excerpt: ...s, Accurate Industrial Construction, Inc. (“AIC”), Peopleready, Bloomfield Bakers, LLC, and Conagrad Foods Expert Company for damages arising out of a workplace accident. Plaintiff sues MHK in its capacity as Antonyan's employer under a vicarious liability theory. Plaintiff's complaint alleges: On or about May 13, 2017, the Plaintiff was on a job assignment and was injured by a latent or concealed hazardous condition on premises. Defendants o...

Excerpt: ...ges arising out of a two-vehicle accident. Plaintiff was a passenger in a vehicle driven by Abdi and owned by Taxi when the vehicle collided with a vehicle driven by Cua. Plaintiff filed the action on 2/04/16. Plaintiff filed proof of service of the summons, complaint, and related documents on Abdi on 12/30/16. The POS indicates a registered process server served Abdi, via substitute service on “John” Abdi, on 12/29/16 at an address in Inglew...

Excerpt: ...Defendants filed a cross-complaint against Brian Lake Bostnick, who was driving the car in which Plaintiff was riding at the time of the accident, for indemnification and related claims. Plaintiff filed her complaint on 7/06/17. The case was originally set for trial on 1/07/19. On 12/04/18, Defendants made an ex parte application to continue the trial and the discovery cut-off. The Court granted the application to continue the trial, but denied t...

Excerpt: ...onilla (“Plaintiff”) alleges that she sustained injuries after falling from Defendant Bellflower Unified School District's (“BUSD's”) gymnasium bleachers. On November 7, 2017, Plaintiff filed a Complaint; and on June 22, 2018, Plaintiff filed a First-Amended Complaint. On March 1, 2019, Plaintiff filed the operative Second-Amended Complaint against Defendants BUSD and County of Los Angeles, alleging causes of action for: (1) Negligence; (...

Excerpt: ...laintiff filed the complaint on 9/13/17. Plaintiff filed an FAC on 10/27/16 and an SAC on 11/06/17. Defendant filed an answer on 12/07/17; concurrently with the answer, Defendant filed a cross-complaint against the Ricardo and Neva Casanas Trust. The Trust filed an answer to the cross-complaint and its own cross- complaint on 1/08/18. 2. Motion for Leave to Amend Plaintiff seeks leave to add a cause of action for negligence against the Trust to h...

Excerpt: ...es for summary judgment, contending it lacked actual and/or constructive notice of the substance on the floor prior to the fall. Defendant relies, in large part, on a CD-rom with surveillance video footage of the incident to support its motion. Because the Court has moved entirely to e- filing, the Court does not have a copy of the CD-rom to review. Defendant may have lodged a courtesy CD- rom, but it is not currently with the file. Indeed, the C...

Excerpt: ...le. The motion is denied without prejudice for two reasons. First, Defense Counsel filed a declaration in support of the motion, and the declaration references eleven exhibits that are purportedly attached. The copy of the motion filed with the Court, however, includes no exhibits. The Court cannot review the exhibits and determine the merits of the motion if the exhibits are not attached. Second, the motion is premature. Defendant styled the mot...

Excerpt: ...gainst Defendant, LADWP for damages arising out of an automobile accident. The actions were consolidated, and trial was set for 1/22/19. LADWP filed a cross-complaint against LACMTA, as Plaintiffs were passengers on an MTA bus at the time of the accident, and LADWP contends LACMTA's bus driver was, in whole or in part, at fault for the accident. Plaintiffs subsequently added LACMTA as a doe defendant in the action. LACMTA also has a cross-complai...

Excerpt: ...c. for injuries sustained when an escalator stopped suddenly. 2. 8/22/18 Motion for Leave to Amend On 8/22/18, the Court heard Plaintiff's motion for leave to amend her complaint to include a prayer for punitive damages. The Court found the allegations concerning Defendants' knowledge of problems with the escalator, which carry implicit understanding of danger, coupled with refusal to repair same for over a year, were sufficient, at the pleading ...

Excerpt: ...he City of Artesia (“the City”) demolished buildings and an eight-foot wall that was adjacent to Plaintiff's home. Plaintiff further alleges that since the structures were demolished, the vacant lot attracted homeless and transient individuals who set up camp in the lot; and that the individuals became a nuisance to Plaintiff and his family as well as other neighbors. Plaintiff claims that numerous complaints were filed with the City. On Dece...

Excerpt: ... for damages arising out of a trip and fall and alleged subsequent medical malpractice arising out of care and treatment relating to Plaintiff's injuries from the trip and fall. At this time Defendant, Navid Ghalambor, M.D. moves for summary judgment on the complaint, contending the care and treatment of Plaintiff complied with the standard of care at all times and nothing he did caused or contributed to Plaintiff's claimed injuries. The standard...

Excerpt: ...roup (“MCMG”) for medical malpractice arising out of a 5/12/16 cervical decompression and discectomy. Plaintiff alleges Defendants performed the surgery negligently, and their negligence resulted in paralysis. 2. Motion for Summary Judgment At this time, MCMG moves for summary judgment on the complaint. It contends it is entitled to judgment as a matter of law because Defendants complied with the standard of care at all times in connection wi...

Excerpt: ...unty of Los Angeles and Regents of the University of California for damages arising out of alleged medical malpractice/wrongful death. Decedent was Plaintiffs' wife (Fernando) and mother (Angel). Angel is a minor (four years of age) and is appearing through his father and GAL, Fernando. 2. Motion for Trial Setting Preference At this time, Plaintiffs move for trial setting preference per CCP §36(b). §36(b) provides: (b) A civil action to recover...

Excerpt: ... Management, Inc., Otis Elevator Company, and Pacific Coast Elevator Corp. dba Amtech Elevator Services on 10/10/17. Guardian and FPI appeared by way of answer and cross-complaint on 11/15/17. Plaintiff dismissed Otis on 11/22/17. Pacific Coast appeared by way of answer on 12/12/17. At this time, Amtech seeks to continue the trial date until August of 2019. Amtech contends a trial continuance is necessary because Plaintiff disclosed, for the firs...

Excerpt: ...onses were due by 11/07/18. On 12/07/18, Plaintiffs served responses to the discovery. The responses included objections, and the responses and verifications were not dated. On 1/28/19, Defendants filed these motions to compel and motion to deem RFAs admitted. The issues before the Court include:  Did the defective verifications render the responses “tantamount to no responses at all”?  Should these be motions to compel further response...

Excerpt: ...arising out of injuries sustained when he was cleaning Defendant's roof and fell over ten feet, sustaining serious injuries, including a traumatic brain injury. Plaintiff filed this action through his GAL and brother, Crescencio Arevalo. 2. Prior Petition to Approve Settlement On 10/12/18, Plaintiff's former attorney of record, Olivier A. Tallieu, filed a petition to approve a settlement between Plaintiff and Defendant. Plaintiff's GAL did not si...

Excerpt: ...automobile accident. Defendant served Plaintiff with form interrogatories, special interrogatories, and production demands on 7/13/18. Defense Counsel granted an extension of time to respond to and including 9/17/18. On 10/11/18, Plaintiff filed a substitution of attorney. The same day, Defense Counsel e-mailed Plaintiff's new attorney and let him know that responses were overdue and objections were waived, and inquiring about the status of respo...

Excerpt: ...e accident. Plaintiff filed the action on 3/02/18. Patrice filed an answer on 9/06/18. On 9/10/18, Patrice propounded a Notice of Deposition on Plaintiff, setting the deposition for 12/18/18. On 10/03/18, Defense Counsel notified Plaintiff's attorney that (a) Alexandra Bradford, not Patrice Bradford, was driving the car involved in the accident, and (b) Michael Bradford (the owner of the car) was deceased. On 11/19/18, Plaintiff amended the compl...

Excerpt: ... arising out of an automobile accident. 2. Motion to Quash Defendants propounded subpoenas on Plaintiff's various (seven) health care providers identified during discovery, as well as the fire department and Plaintiff's employer. Plaintiff moves to quash the subpoenas at this time. a. Initial Notes As an initial note, Plaintiff failed to file a separate statement, as required by CRC 3.1345(5). The Court finds the moving papers adequately state th...

Excerpt: ...-Sinai Medical Center for medical malpractice. Plaintiff alleges Defendants were negligent in connection with an intubation procedure. 2. Matters on Calendar Defendant, Thejomurthy moves for summary judgment. Defendant argues he is entitled to judgment as a matter of law because he complied with the standard of care at all times, and nothing she did caused or contributed to Plaintiff's injuries. 3. Motion for Summary Judgment a. Standard of Care ...