Excerpt: ...ssions (Set One) propounded to Defendants as admitted. Trial is set for May 10, 2019 PARTY'S REQUEST Defendants request that this Court set aside a May 22, 2018 order deeming the matters in Plaintiff's Request for Admissions (Set One) propounded to Defendants as admitted pursuant to California Code of Civil Procedure section 473, subdivision (b). LEGAL STANDARD California Code of Civil Procedure section 473, subdivision (b) states: “The court m...

Excerpt: ...February 1, 2019 to allege that plaintiff Malcolm Jamal Warner is the common law partner of plaintiff Tenisha Hancock. Trial is set for February 10, 2020. PARTY'S REQUEST Defendant Huntington Memorial Hospital (“Demurring Defendant”) requests this court to sustain its demurrer to Plaintiffs' FAC because it fails to plead sufficient facts to state causes of action for medical malpractice and loss of consortium. Demurring Defendant also request...

Excerpt: ...when Plaintiffs were on their bicycles. On December 13, 2017, defendant Colin Wayne Erwin filed a cross-complaint against plaintiff Carolina Padilla Lopez and defendants VW Credit, Inc. and Susanne Kerstin Birgitt von Den Stemmen seeking implied indemnity, contribution, and declaratory in relation to the July 17, 2015 incident. Trial is set for May 29, 2019. PARTIES' REQUESTS Defendants VW Credit, Inc. and Susanne Kerstin Birgitt von Den Stemmen ...

Excerpt: ...'S REQUEST Defendant requests this court to sustain its demurrer because the complaint fails to state facts sufficient to constitute a cause of action against Defendant due to an applicable statute of limitations pursuant to California Government Code section 945.6. 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.) When considering demurrers, courts rea...

Excerpt: ...ts for an automobile collision that took place on May 27, 2014. On March 18, 2019, the court continued the hearing on this motion to April 17, 2019 at 1:30 a.m. Trial is set for June 3, 2019. PARTIES' REQUESTS Plaintiffs request this court for an order compelling defendant Crown Moving and Storage, Inc., dba Crown Worldwide Moving and Storage's (“Crown”) person most knowledgeable to appear and testify under oath. Plaintiffs also request this ...

Excerpt: ...laintiffs in this action include: Hector Olivares Ceja and Evelia Cota Valenzuela, individually and as successors in interest for decedent Yaritza Yajaira Olivares; Dolores Lopez Buelna, Jose Manuel Bojorquez Lopez, Gabriella Bojorquez Lopez, Juan Francisco Bojorquez Lopez, Maria Guadalupe Bojorquez, Karina Bojorquez Lopez, Saul Bojorquez Lopez, Dulce <0052005500540058004800 00030044004f004f0003[as successors in interest for Juan Bojorquez Valenz...

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. Trial is not set in this matter. PARTY'S REQUES...

Excerpt: ...y 29, 2016. Trial is set for June 11, 2019. PARTY'S REQUESTS Plaintiff requests this court for an order compelling Defendant to provide verified responses, without objections, to Plaintiff's: (1) Form Interrogatories (2) Special Interrogatories, (3) Request for Production of Documents, and (4) Request for Admissions (All Set One). Plaintiff also requests this court for an order compelling Defendant to pay Plaintiff a total of $8,580.00 in monetar...

Excerpt: ...9. PARTIES' REQUESTS Defendant requests an order compelling Plaintiff to appear for a deposition within ten days of the hearing on this motion. Defendant also requests an order compelling Plaintiff and his counsel of record to pay $1,560.00 in monetary sanctions, jointly and severally, to Defendant for Plaintiff's misuse of the discovery process. Plaintiff requests an order compelling Defendant's counsel of record to pay $2,000.00 in monetary san...

Excerpt: ...vernment code section 835, general negligence, and premises liability for a trip-and-fall that occurred on April 11, 2018. Trial is set for August 19, 2020. PARTIES' REQUESTS Defendants Goldstein Franklin, Inc., Frank Igwealor, Optimal Foods, LLC., and Blockchain Capital, LLC. (“Moving Defendants”) request this court to sustain their demurrer on the following grounds: 1. Defendants are not a proper party in interest, 2. Misjoinder of Defendan...

Excerpt: ...2019 order dismissing this action without prejudice. LEGAL STANDARD California Code of Civil Procedure section 473(b) states: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a . . . dismissal . . . taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief . . . shall be made within a reasonable time, in no case exceeding s...

Excerpt: ...at occurred on November 10, 2017. Trial is set for November 26, 2019. PARTY'S REQUESTS Plaintiff requests this court for an order compelling Uber Technologies, Inc. to produce documents responsive to a deposition subpoena. Plaintiff also requests $2,147.65 in monetary sanctions against Uber Technologies, Inc. LEGAL STANDARD Motion to Compel California Code of Civil Procedure section 1987.1, subdivision (a) states, “[i]f a subpoena requires the ...

Excerpt: ...s arising from a sexual encounter that occurred on October 9, 2016: (1) sexual battery, (2) assault, (3) battery, (4) false imprisonment, (5) intentional infliction of emotional distress, (6) negligence, (7) negligent hiring, and (8) vicarious responsibility. Trial is not set in this matter. PARTY'S REQUEST Defendants Dipu Haque, Sikder Holdings International, Inc., and Sikder Incorporated (“Moving Defendants”) request this court to issue an ...

Excerpt: ...s amended the complaint to add Armando Huaringa, M.D. and Maria Raquel Kronen, M.D. as defendants. Trial is set for August 27, 2019. PARTY'S REQUEST Defendant Armando Huaringa, M.D. (“Moving Defendant”) requests this court for an order granting summary judgment in his favor because there is no triable issue of material fact regarding breach and causation and Moving Defendant is entitled to judgment as a matter of law. LEGAL STANDARD The purpo...

Excerpt: ...us condition and design arising from a vehicle-train collision that occurred on August 22, 2017. On November 21, 2018, Plaintiff filed a first amended complaint (“FAC”) to allege additional facts. Trial is set for January 21, 2020. PARTY'S REQUESTS Defendant City of Burbank (“Moving Defendant”) requests this court to sustain its demurrer to the FAC, or in the alternative, to strike the FAC because: (1) Plaintiff fails to state a cause of ...

Excerpt: ...en Abajian's (Moving Defendants) motions to strike punitive damages from the Complaint. On January 30, 2019, Plaintiff filed a first amended complaint (“FAC”). Trial is set for December 30, 2019. PARTY'S REQUEST Defendants Hovig Abajian and Vicken Abajian (“Moving Defendants”) request this court to strike punitive damages from Plaintiff's FAC. LEGAL STANDARD Any party, within the time allowed to respond to a pleading may serve and file a ...

Excerpt: ... strike punitive damages from Plaintiff's complaint. 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 Court, rule 3.1322, subd. (b).) The court may, upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inse...

Excerpt: ...ligence arising out of an automobile collision that occurred on June 8, 2015. Trial is set for April 2, 2019. PARTY'S REQUEST Defendant requests this court for an order compelling Plaintiff to respond to Defendant's: (1) Form Interrogatories (Set One), (2) Special Interrogatories (Set One), and (3) Request for Production of Documents (Set One). Defendant also requests this court for an order deeming the truth of the matters in Defendant's propoun...

Excerpt: ...le collision that took place on September 3, 2014. Trial is set for August 26, 2019. PARTIES' REQUESTS Plaintiffs request this court for an order: (1) compelling defendant Picrow, Inc. to appear at and produce documents at a deposition, (2) compelling defendant Picrow, Inc.'s employee, Dusty Saunders, to appear at and produce documents at a deposition. Plaintiffs also request this court for an order sanctioning Defendants in the amount of $3,274....

Excerpt: ... 2019. PARTY'S REQUEST Plaintiff requests this court for an order striking defendant Jose Martinez' answer to Plaintiff's complaint as a terminating sanction for Defendants' failure to respond to written discovery and failure to obey a court order. Plaintiff also requests this court for an order precluding evidence relating to defendant Jose Martinez' affirmative defenses. Plaintiff further requests monetary sanctions against defendant Jose Marti...

Excerpt: ... on December 17, 2017, Plaintiff was riding his bicycle and sustained injuries from a dangerous roadway defect. On March 12, 2019, defendant City of Lomita filed a cross-complaint against cross- defendant State of California. Trial is set for June 5, 2020. PARTY'S REQUEST Plaintiff requests an order granting relief from the government claim filing requirements of Government Code section 945.4 pursuant to the provisions of Government Code section ...

Excerpt: ...sition be set closer to the filing courthouse in the Central District instead of Lancaster, California. Plaintiff requests this court for an order granting sanctions against Defendant and his counsel in the amount of $2,400.00. LEGAL STANDARD A protective order may be granted on a noticed motion of the deponent. (Code Civ. Proc. § 2025.420, subd. (a); see also St. Paul Fire & Marine Ins. Co. v. Superior Court (1984) 156 Cal.App.3d 82, 85-86. The...

Excerpt: ...nts were liable for general negligence, negligent infliction of emotional distress, assault, battery, intentional infliction of emotional distress, and premises liability. Plaintiffs' complaint arises from a physical altercation that occurred on December 21, 2016. Trial is set for June 16, 2020. PARTY'S REQUEST Defendants Monica Villas #3 Homeowners Association and Gold Coast Property Pros (“Demurring Defendants”) request this court to sustai...

Excerpt: ...assault, battery and negligence against all defendants. On January 31, 2019, Michael and Hamed Razipour (the “Razipours”) filed the instant motion to strike punitive damages and attorneys' fees. No opposition was filed. 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. (CCP § 435(b)(1); Cal. Rules of Court, Rule 3.1322(b).) The court may, ...

Excerpt: ...ery Center, Inc., Beverly Hills Premium Medical Center, Inc., Medigroup Clinic, Inc., Hope Surgery Center, Inc., South Pacific Surgery Center, Inc., Simin Hashemizadeh, and Venus Saify, for causes of action: (1) professional negligence, (2) general negligence, (3) fraud, (4) violation of the consumer legal remedies act, Civil Code section 1750, et seq., (5) violation of the unfair competition law, Business and Professions Code section 17200, et s...