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1049 Results

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Location: Los Angeles x
Judge: Kim, Mark C x
2024.03.28 Motion to Compel Compliance with Subpoena 747
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.28
Excerpt: ...- complaint against Maggio. Maggio answered the complaint and cross -complaint on 10/31/22 and 11/14/22, respectively. On 2/28/23, the parties were scheduled to participate in an informal discovery conference before the Honorable Serena R. Murillo in the personal injury hub court. The IDC was not held because the Court referred the matter to Department 1 to determine whether it was complicated and should be transferred to an IC court for all furt...
2024.03.28 Motion for Summary Judgment, Adjudication 003
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.28
Excerpt: ...ive process. The operative complaint is the First Amended Complaint, which Plaintiff filed on 5/12/23. The crux of the FAC is that Plaintiff had been working for LAUSD as a teacher's assistant and early education aide since 1999, and that at the time of her termination, she was 59 years old and had high blood pressure. Plaintiff alleges she was wrongfully terminated when she was mere months away from retirement. Specifically, Plaintiff alleges sh...
2024.03.26 Motion to Compel Mental Exam 620
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.26
Excerpt: ...ction, leaving only Rodriguez as an active defendant. 2. Motion to Compel Mental Examination a. Relief Sought Defendant seeks an order compelling Plaintiff to attend a mental examination on the ground that he is claiming severe emotional distress as a result of the incident that forms the basis of the action. b. Opposition Plaintiff opposes the motion. He argues it should be denied because (a) Defendant erroneously noticed a physical examination ...
2024.03.26 Motion for Summary Judgment 312
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.26
Excerpt: ...reatment of Claudia Morales for cardiothoracic surgery. 2. Motions for Summary Judgment a. Law Governing Standard of Care The standard of care against which the acts of health care providers are to be measured is a matter within the knowledge of experts. Elcome v. Chin (2003) 110 Cal.App.4th 310, 317. Unless the conduct required by the particular circumstances is within the common knowledge of the layman, the standard of care in a malpractice act...
2024.03.26 Motion for Attorney Fees 268
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.26
Excerpt: ... 11/14/23, the Court sustained Moving Defendants' demurrer without leave to amend. The following day, the Court entered judgment in Moving Defendants' favor. 2. Motion for Attorneys' Fees a. Basis for Relief Sought Defendants move for an award of attorneys' fees expended in connection with the defense of this action. They move pursuant to the governing CC&Rs. §14.06 of the CC&Rs provides, “In any legal action by an Owner(s) or the Association ...
2024.03.26 Motion for Approval of PAGA Settlement 392
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.26
Excerpt: ...aims at the conclusion of the mediation. The settlement affects 246 aggrieved employees and covers the employment period between 10/04/22 and 1/26/24. The settlement requires Defendant to pay $93,500, which would be paid out as follows: $31,166.67 attorneys' fees $9688.30 litigation expenses $5500 administration expenses $5000 representative incentive payment to Plaintiff $42,156.03 net settlement remaining, of which 75% ($31,608.26) will go to L...
2024.03.26 Demurrer 491
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.26
Excerpt: ...d pay her for those referrals. Defendants failed to pay, resulting in a balance due in excess of $400,000. Defendants intended to challenge the original complaint, and the parties' meet and confer efforts resulted in the filing of a First Amended Complaint. The FAC was filed on 8/18/23, and the FAC adds Lyran Consulting, Inc. as an additional plaintiff. The same causes of action from the original complaint are pled, and the main difference from t...
2024.03.21 Motion for Summary Judgment 355
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.21
Excerpt: ... against Defendant, Dr. Cardin. 2. Motion for Summary Judgment a. Standard 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 of law.” (Code Civ. Proc. §437c(c).) Where a defendant seeks summary judgment or adjudication, he must show that either “one or more elements of the cause of action, even...
2024.03.21 Demurrer 504
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.21
Excerpt: ...rged with taking the shipment to Kansas City. However, the rig carrying the batteries was involv ed in a single vehicle accident, resulting in the vehicle over-turning and damaging the batteries. Plaintiff alleges it suffered loss in the amount of $620,199.27, as it had to pay its insured for the damage to its goods. Relevant to today's demurrer, Prestige Transportation, Inc. filed a cross -complaint against Kenneth Lee Thorp and Linda Deane Thor...
2024.03.21 Demurrer 230
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.21
Excerpt: ...he loans, but Defendants were neither willing nor able to make the payments when they made the representations. On 8/31/21, Plaintiffs filed proof of service on each of the defendants. The POS documents showed service on Sandu and Phan by personal service, and on Legacy by substitute service. On 11/12/21, Plaintiffs dismissed Legacy from the action. On 11/22/21, the Clerk, at Plaintiffs' request, entered Phan's and Sandu's defaults. On 4/12/22, a...
2024.03.20 Motion for Summary Judgment 355
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.20
Excerpt: ... against Defendant, Dr. Cardin. 2. Motion for Summary Judgment a. Standard 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 of law.” (Code Civ. Proc. §437c(c).) Where a defendant seeks summary judgment or adjudication, he must show that either “one or more elements of the cause of action, even...
2024.03.19 Demurrer 617
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.19
Excerpt: ...Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challe...
2024.03.19 Motion for Summary Adjudication 808
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.19
Excerpt: ...olation of Civil Code §52.1, and violation of Civil Code §51.7. 2. Motion for Summary Adjudication a. Request for Relief The City seeks summary adjudication of two issues. First, it asks the Court to adjudicate whether it is vicariously liable for a sexual assault committed by Assef when he was off duty. Second, it asks the Court to adjudicate whether any direct liability claims against it have been sufficiently pled and, if so, whether the Cit...
2024.03.14 Motion to Compel Further Responses 217
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.14
Excerpt: ...o Compel Further Responses a. Procedural History Plaintiff propounded FROGs, SROGs, and RPDs on Defendant on 9/19/23. Defendant served responses on 11/27/23. The parties met and conferred, and Defendant served supplemental responses on 1/09/24. Plaintiff filed this motion on 1/16/24. b. Meet and Confer The threshold issue on this motion is whether Plaintiff made adequate attempts to meet and confer prior to filing the motion. Defendant contends P...
2024.03.14 Motion for Summary Judgment 434
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.14
Excerpt: ...imes, nothing its nursing staff did caused or contributed to Plaintiff's claimed damages, and it is not liable for the physician co -defenda nts' acts because they were neither actual nor ostensible agents of LBMMC at the time of Plaintiff's care and treatment. b. Law Governing Standard of Care The standard of care against which the acts of health care providers are to be measured is a matter within the knowledge of experts. Elcome v. Chin (2003)...
2024.03.14 Motion for Summary Judgment 375
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.14
Excerpt: ...sue was as follows: Moving parties further contend that Khemiri is immune from liability under Government Code §§ 850.2 and 850.4. “Neither a public entity nor a public employee is liable for failure to establish a fire department or otherwise to provide fire protection service.” (Gov. Code § 850.) “Neither a public entity that has undertaken to provide fire protection service, nor an employee of such a public entity, is liable for any i...
2024.03.14 Motion for Summary Judgment 312
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.14
Excerpt: ...here are two summary judgment motions on calendar today. The first motion was filed by Defendants, LBMMC, Ali Khoynezhad, M.D., Ph.D., and Memorial Health Services. The second motion was filed by Defendant, Praveen R. Jonnala, M.D. The crux of each motion is the same. The defendants contend they are entitled to judgment as a matter of law because expert testimony shows the moving defendants complied with the standard of care at all times and noth...
2024.03.12 Motion to Conduct Discovery, to Quash 747
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.12
Excerpt: ...equent sexual trauma in order to establish, to the jury, that her emotional distress was caused, at least in part, by subsequent events and not by her childhood experience. Notably, the fact that Plaintiff has suffered subsequent sexual trauma is not disputed; Plaintiff has conceded sexual and other violence at the hands of her ex-husbands during discovery. Plaintiff, in opposition to the motion, relies on Knoettgen v. Superior Court (1990) 224 C...
2024.03.12 Motion for Summary Adjudication 208
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.12
Excerpt: ... settled, and James L. Canedo has been added to the action. The TAC includes causes of action for medical negligence, medical battery, and fraud/intentional concealment. 2. Motions for Summary Adjudication a. Summary of Issues Presented There are three summary adjudication motions on calendar today. They are brought by Sobol, Drobot, and Canedo. Each of the motions seeks adjudication of the fifth cause of action for fraud/intentional concealment....
2024.03.12 Demurrer 401
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.12
Excerpt: ...pposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. Blank v. Kirwan 39 Cal.3d 3...
2024.03.07 Motion to Strike 355
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.07
Excerpt: ...for punitive damages and all related allegations from the SAC. b. Basis for Punitive Damages Request Plaintiffs contend they are entitled to punitive damages for three reasons. First, they allege the subject power line had fallen at least once before. Second, they allege SCE knew the power line was in the vicinity of trucks that regularly carry gasoline, rendering the safety issue relating to a downed power line more severe. Third, they allege th...
2024.03.07 Motion for Summary Judgment 355
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.07
Excerpt: ...against Defendant, Dr. Bhatia. 2. Motion for Summary Judgment a. Standard 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 of law.” (Code Civ. Proc. §437c(c).) Where a defendant seeks summary judgment or adjudication, he must show that either “one or more elements of the cause of action, even ...
2024.03.05 Motion for Protective Order, to Quash Notice of Deposition 552
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.05
Excerpt: .... Opposing Party: Plaintiffs, Marcus Miller and Angie Muhamad Notice: OK 1. Background Facts Plaintiffs, Marcus Miller and Angie Muhamad filed this action against Defendants, Brand Scaffold Services, Inc. and The AES Corporation for damages arising out of injuries sustained in a workplace accident at AES's power plant in Puerto Rico. Miller, who is a California resident and employee of a California corporation, was injured in the incident. AES ha...
2024.03.05 Demurrer, Motion to Strike FAC 166
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.05
Excerpt: ...ty: Plaintiff, Anthony SIlletti Notice: O K 1. Background Fact s Plaintiff, Anthony Silletti �iled this action against Defendants, Stretch's Speed Shop, Inc. and William Farnham for negligence and related claims. Plaintiff 's operative complaint is his First Amended Complaint, which he �iled on 10/17/23. The crux of Plaintiff 's complaint is that he entrusted his 1969 Ford Mustang and 1970 Ford Mustang to Defendants for restoration, but they ...
2024.03.05 Demurrer, Motion to Strike 745
Location: Los Angeles
Judge: Kim, Mark C
Hearing Date: 2024.03.05
Excerpt: ... K 1. Complain t Plaintiff, Jenise Chappell �iled this action against Defendants, City of Long Beach, LBPD, LBFD, Police Of�icer Kim, Del Amo Hospital, Inc., Dr. Gessesse, Dr. Jack Freinhar, and Los Alamitos Medical Center for civil rights related claims and medical malpractice related claims. The crux of Plaintiff 's complaint is that she is a medical doctor who experienced a disturbance in her home. When she reported the disturbance to law ...

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