Excerpt: ... Sky Blue Trans, Inc. as Doe 1. On May 9, 2017, Plaintiff filed an amendment designating Defendant Nevada Interstate Trucking, Inc. as Doe 2. On December 5, 2018, Wilshire Insurance Company filed an answer in intervention on behalf of Nevada Interstate Trucking, Inc. dba Nit Trans. in response to Plaintiff's complaint. On January 2, 2019, Cross-Complainants Sky Blue Trans, Inc. and Tajender Singh filed a cross-complaint against Cross-Defendants K...

Excerpt: ...ion 2032.220, a defendant may demand one physical examination of a plaintiff who is seeking recovery for personal injuries, provided certain conditions are met. On December 7, 2018, the Court in this case granted Defendant's motion for leave to conduct an examination under section 2032.220 and ordered Plaintiff to submit to an mental examination to be conducted by neuropsychologist Charles Hinkin, Ph.D. on December 20, 2018 at 9:00 a.m. Prior to ...

Excerpt: ...ndants filed a motion to reclassify this action from an unlimited jurisdiction matter to a limited jurisdiction matter due to special damages amounting to $6,775.00. Trial is set for June 6, 2019. PARTIES REQUEST Defendants requests the court for an order reclassifying the complaint filed by Plaintiff as a limited jurisdiction matter pursuant to California Code of Civil Procedure section 403.040. LEGAL STANDARD Actions in which the amount in cont...

Excerpt: ...nt fails to plead sufficient facts to state a cause of action for negligence, (2) the negligence cause of action is uncertain, and (3) the premises liability cause of action is duplicative of the negligence cause of action. Trial is set for August 6, 2020. PARTY'S REQUEST Defendant requests that the Court sustain its demurrer to Plaintiff's complaint because it fails to state facts sufficient to constitute a cause of action for negligence, the ne...

Excerpt: ...n May 12, 2017. On April 2, 2019, Defendants filed a motion for an order requiring Plaintiff Coshan Miles to file an undertaking to secure an award of costs, which may be awarded to Defendants. Trial is set for August 8, 2019.¿ PARTIES' REQUEST Defendants ask the Court for an order requiring Plaintiff Coshan Miles to file an undertaking in the amount of $9,708.34 pursuant to California Code of Civil Procedure section 1030. LEGAL STANDARD Under C...

Excerpt: ...l incident that occurred on December 23, 2016. <0003004400030047004800 00560056004800550057>ing that the complaint is untimely because it was filed after the expiration of the applicable two-year statute of limitations. In opposing the demurrer, Plaintiff contended that she timely submitted her complaint for e-filing on December 20, 2018, but was notified after two-year period had run that the Clerk rejected her complaint because of technical def...

Excerpt: ...torey, Dorian Shepherd, and City of Los Angeles alleging motor vehicle and general negligence for an automobile collision that occurred on January 24, 2018. Trial is set for July 10, 2020. PARTY'S REQUEST Plaintiff requests leave to file a complaint against the City of Los Angeles pursuant to Government Code section 946.6. LEGAL STANDARD Before a suit for damages may be filed against a public entity, a claimant must present a timely written claim...

Excerpt: ...on to compel arbitration pursuant to an agreement entered into between Plaintiff and Defendant on February 1, 2012. Trial is set for April 2, 2020. PARTY'S REQUESTS Defendant requests this Court to compel Plaintiff to engage in arbitration pursuant to an agreement between the parties that had been entered into on February 1, 2012. LEGAL STANDARD California Code of Civil Procedure section 1281.2 permits a party to file a petition and motion to req...

Excerpt: ...amended her complaint to name S & N Construction, Inc. as Doe 1. On March 6, 2019, S & N Construction, Inc. (“Moving Defendant”) filed a motion for leave to file a cross-complaint against Room and Board, Inc., based, inter alia, on the allegation that it custom-built the cabinet that fell on Plaintiff. This motion is based on the discovery of new information that Moving Defendant argues gives rise to causes of action it has against Room and B...

Excerpt: ...onsolidation of these cases was ever ordered, as discussed in the ruling issued concurrently herewith in BC701776. Trial is set for October 15, 2019. PARTY'S REQUEST Defendant requests the court for an order imposing a terminating sanction against Plaintiff for willfully disobeying a November 20, 2018 court order compelling Plaintiff to serve verified responses, without objections, to: (1) Defendant's Form Interrogatories (Set One), (2) Special I...

Excerpt: ...arbara, Inc. as Doe 1. Trial is set for July 15, 2019. PARTY'S REQUESTS Defendant Cancer Support Community Valley/Ventura/Santa Barbara, Inc. (“Moving Defendant”) requests the court for an order continuing: (1) the trial date to January 13, 2020; and (2) all discovery and motion deadlines to correspond to the January 13, 2020 trial date. LEGAL STANDARD Pursuant to California Rules of Court, rule 3.1332, subdivision (a), “[t]o ensure the pro...

Excerpt: ... infliction of emotional distress arising from plaintiff Xzander Alain Barboza falling off of bleachers on April 19, 2015. On February 20, 2019, the court continued the hearing on petitioner Adelina Delgado's Petition to Confirm Minor's Compromise due to: (1) the declaration from counsel failing justifying 33% in attorney's fees and (2) the failure to correctly fill out paragraph 11 of the petition. On April 16, 2019, the court continued the hear...

Excerpt: ...ants request the court for an order continuing: (1) the trial date to March 9, 2020; (2) the final status conference to February 28, 2020; and (3) all discovery and motion cut-off dates to follow the new trial date. LEGAL STANDARD Pursuant to California Rules of Court, rule 3.1332, subdivision (a), “[t]o ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set ...

Excerpt: ...ed additional facts under Defendant's general negligence cause of action. Trial is set for September 25, 2019. PARTY'S REQUEST Defendant requests this court to strike punitive damages from Plaintiff's first amended complaint (“FAC”). LEGAL STANDARD Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code of Civ. Proc. § 435, subd. (b)(1); Cal. Rules of Co...

Excerpt: .... (“Opposing Defendant”) filed an answer to Plaintiff's complaint through the Law Offices of Bassett, Discoe, McMains & Kargozar. On October 10, 2017, Opposing Defendant filed a second answer to Plaintiff's complaint through the Law Office of Steven D. Levine. On March 21, 2018, the Law Office of Steven D. Levine filed a notice of errata stating it erroneously stated it represented Opposing Defendant. On March 28, 2018, the Defendants stipula...

Excerpt: ..., general negligence, and negligence per se for a rear-end automobile collision that occurred on July 30, 2016. Trial is set for January 30, 2020. PARTY'S REQUESTS Plaintiff requests the court for an order compelling defendant Lilia Valdez to provide verified responses, without objections, to Plaintiff's: (1) Form Interrogatories, (2) Special Interrogatories, and (3) Request for Production of Documents (All Set One). Plaintiff also requests the c...

Excerpt: ...rt for an order imposing a terminating sanction against Defendant for willfully disobeying a December 24, 2018 court order compelling Defendant to: (1) serve verified responses, without objections, to Plaintiff's Form Interrogatories (Set One) to Plaintiff within twenty days of that order and (2) pay Plaintiff $1,060.00 in monetary sanctions within thirty days of that order. Plaintiff also requests $1,155.65 in monetary sanctions against Defendan...

Excerpt: ..., general negligence, and negligence per se for a rear-end automobile collision that occurred on July 30, 2016. Trial is set for January 30, 2020. PARTY'S REQUESTS Plaintiff requests the court for an order compelling defendant Rafael Valdez to provide verified responses, without objections, to Plaintiff's: (1) Form Interrogatories, (2) Special Interrogatories, and (3) Request for Production of Documents (All Set One). Plaintiff also requests the ...

Excerpt: ..., negligent entrustment, negligent hiring, negligent undertaking, negligent retention, negligent supervision, negligent training, and negligence per se for an automobile collision that occurred on April 22, 2016. Trial is set for October 21, 2019. PARTY'S REQUEST Defendant Enterprise Rent-A-Car Company of Los Angeles, LLC (erroneously sued as Enterprise Rent-A-Car and Enterprise) (“Demurring Defendant”) requests the court to sustain its demur...

Excerpt: ...sion that occurred on January 3, 2017. Trial is set for July 2, 2020. PARTY'S REQUEST Defendants Rasier, LLC, Rasier-CA, LLC, and Rasier-PA, LLC (“Demurring Defendants”) request the court to sustain their demurrer to Plaintiff's complaint because it fails to plead sufficient facts to state causes of action for vehicular negligence and negligence per se. Demurring Defendants also request the court to sustain its demurrer to Plaintiff's causes ...

Excerpt: ... a curb in front of the properties located at 5222 Bellingham Ave., Valley Village, CA and 5230 Bellingham Ave., Valley Village, CA. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747.) 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.) In a demu...

Excerpt: ...er to Plaintiff's complaint because it fails to state facts sufficient to constitute a cause of action due to the expiration of the relevant statute of limitations. LEGAL STANDARD Meet and Confer Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred to for the purposes of determining whether an agreement can be reached through a filing of an amended pleading that would resolve ...

Excerpt: ...g machine and flooded Plaintiff's unit, damaging the real property and Plaintiff's personal property. As a result of the flood, the condominium became uninhabitable and Plaintiff had to temporarily relocate. On March 13, 2019, Defendant filed the instant motion. Plaintiff filed an opposition brief on March 19, 2019. Defendant filed a reply brief on April 3, 2019, which is beyond the time required under CCP § 1005; consequently the court will not...

Excerpt: ...cal malpractice. Defendant Clifford T. Wang, M.D. (“Defendant” or “Dr. Wang”) requests that the court enter summary judgment in his favor and against Plaintiff pursuant to CCP section 437c on the ground that no triable issues of material fact exist and Defendant is therefore entitled to judgment as a matter of law. The elements of medical malpractice are: “(1) the duty of the professional to use such skill, prudence, and diligence as ot...

Excerpt: ...for negligence arising out of a motor vehicle accident. Trial is set for July 31, 2019. On December 4, 2018, the Court granted Defendant's motions to compel responses. Defendant requests that the Court impose a terminating sanction against Plaintiffs for Plaintiffs' failure to comply with the court's order dated December 4, 2018. Defendant also requests additional monetary sanctions in the amount of $1,800.00. If a party fails to comply with a co...