Excerpt: ...itting on the Court's tentative or whether they are requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. TENTATIVE ORDER Plaintiff Garrett Rifkin (“Plaintiff”) filed this action against Defendant City of West Hollywood (“Defenda...

Excerpt: ...hether they are requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. TENTATIVE ORDER Plaintiff Sudha Chinta (“Plaintiff”) filed this action against Defendant Micro Art, Inc. (“Defendant”), alleging that she sustained injuries ...

Excerpt: ...tive or whether they are requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. TENTATIVE ORDER BACKGROUND Plaintiff Shantia Bryant (“Plaintiff”) filed this action following a motor vehicle collision with Samuel Dale Reed, Jr., who ...

Excerpt: ...Court's tentative or whether they are requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. TENTATIVE ORDER BACKGROUND Plaintiff Richardo Bayawa Marcelo Jr. (“Plaintiff”) filed this action following a motor vehicle collision with D...

Excerpt: ...s tentative or whether they are requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. TENTATIVE ORDER BACKGROUND Plaintiffs James Savits and Diane Baron-Savits (collectively, “Plaintiffs”) filed this action against Oscar Humberto S...

Excerpt: ...lacourt.org on or before Thursday, December 17, 2020, at 8:30 a.m., to inform the clerk whether they are submitting on the Court's tentative or whether they are requesting a hearing. If any parties requests a hearing, the Court shall hold one as scheduled on December 18, 2020, at 1:30 p.m. If no party requests a hearing, the Court does not intend to hold a hearing and will issue this order on the motion. The Court's clerk shall provide notice via...

Excerpt: ...heir settlement with Plaintiff Monica Elena Aleman (“Plaintiff”) was made in good faith. Defendants Guadalupe Barajas and Manuela Mercado (collectively, the “Objecting Defendants”) oppose the motion. In Tech‐Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, the court set forth the factors to consider when determining whether a settlement is made in good faith. The Tech‐ Bilt factors are: (1) a rough approximation of pl...

Excerpt: ...not know Los Angeles County Sheriff's Deputy Tyler Russell Wheatcroft. Judge Goorvitch believes that he can be fair and impartial in this case. BACKGROUND Plaintiff Georgina Rivas Gonzalez (“Plaintiff”) filed this action following a motor vehicle collision with Los Angeles County Sheriff's Deputy Tyler Russell Wheatcroft on October 10, 2019. Now, the County of Los Angeles and Deputy Wheatcroft (collectively, “Defendants”) demurs to Plaint...

Excerpt: ...riathlon. Plaintiff asserts a common law claim for negligence, and the complaint cites no Government Code sections giving rise to a cause of action against a municipality. Now, Defendant demurs to the complaint, which Plaintiff opposes. The demurrer is sustained with leave to amend. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App....

Excerpt: ...ts negligently removed portions of her teeth. Plaintiff asserts causes of action for professional negligence, medical battery, and intentional infliction of emotional distress. Now, Defendants demur to the second and third causes of action, which Plaintiff opposes. The demurrer is overruled. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235...

Excerpt: ...��). Plaintiff asserts causes of action for premises liability, general negligence, gross negligence, and products liability. Now, Defendant demurs to the causes of action for gross negligence and products liability. Defendant also moves to strike the claim for punitive damages and related allegations. The demurrer is sustained in part and overruled in part. The motion to strike is granted. The Court grants leave to amend. LEGAL STANDARD “It is...

Excerpt: ...ness as “Powerhouse Gym” (“Defendant”). Plaintiff asserts causes of action for negligence, premises liability, and products liability. Now, Defendant moves for summary judgment or, in the alternative, summary adjudication of each cause of action. Plaintiff opposes the motion, which is granted in part and denied in part. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue ...

Excerpt: ...d and operated by Defendants Economy Inn and Pravin M. Bhakta (collectively, “Defendants”). Plaintiffs assert the following causes of action: (1) Battery, (2) Negligence, (3) Negligence per se, (4) Negligent infliction of emotional distress, (5) Intentional infliction of emotional distress, (6) Fraudulent concealment, and (7) Public nuisance. Now, Defendants demur to the following causes of action: First Cause of Action – Battery Fifth Caus...

Excerpt: ...Bianco (“Defendant”). Defendant moves to strike the prayer for punitive damages, as well as the related allegations. Plaintiffs oppose the motion, which is denied. LEGAL STANDARD Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On a motion to strike, the court may: (1) ...

Excerpt: ... collision with Defendant Sergey Dermendzhyan (“Defendant”). Now, Plaintiffs move to compel Defendant to complete his deposition, and Defendant moves for a protective order to preclude him from completing his deposition. The Court grants Plaintiffs' motion and denies Defendants' motion. LEGAL STANDARD At the demand of a deponent, the deposition officer must suspend the deposition to permit the deponent to seek a protective order terminating o...

Excerpt: ... requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. TENTATIVE ORDER BACKGROUND Plaintiff Steven Philip Mulleady (“Plaintiff”) filed this action following a motor vehicle collision with Defendant Michael Mitchell (“Defendant”...

Excerpt: ...ry”). At the time of the accident, Defendant Echeverry was driving a truck that he rented from Defendant Penske Truck Leasing Co., LP (“Defendant Penske”). Plaintiff Ahmed Hijazi asserts causes of action for general and motor vehicle negligence against Defendants, and Plaintiff Marta Hijazi asserts a related cause of action for loss of consortium. Now, Defendants move for summary judgment on Plaintiffs' complaint, which Plaintiffs oppose. T...

Excerpt: ...butions to Michael N. Feuer: (1) $100 to Mr. Feuer's 2008 campaign for the 42nd Assembly District on or about November 9, 2007; (2) $100 to Mr. Feuer's 2010 campaign for the 42nd Assembly District on or about October 19, 2010; and (3) $100 to Mr. Feuer's 2013 campaign for Los Angeles City Attorney on or about May 30, 2012. Judge Goorvitch has no personal relationship with Mr. Feuer and has had no communications with Mr. Feuer since he became the ...

Excerpt: ...ively, “Defendants”) following a motor vehicle collision with co‐defendant Zhicheng Liu (“Liu”), who is Holly Butler's father. Defendants move for summary judgment on Plaintiff's complaint. Defendants also move for summary adjudication on the issue whether their liability is limited to $15,000. Finally, the Court set an Order to Show Cause why Zhicheng Liu should not be dismissed for failure to serve the summons and complaint. The Court...

Excerpt: ...lectively, “Plaintiffs”) move to compel further responses from Defendants Sergey Dermendzhyan and Miran Poladian (collectively, “Defendants”) to certain Form Interrogatories and Requests for Production. Defendants oppose the motions. The Court must first address several predicate issues. First, Defendants argue that certain discovery, like Dermendzhyan's cell phone records and criminal history, is not relevant because Defendants have conc...

Excerpt: ...lding accident. Defendants move for summary judgment on the single cause of action, one for negligence, which Plaintiff opposes. The motion is denied. FACTUAL BACKGROUND Plaintiff has been an auto body repair professional for over 40 years and was unemployed at the time of the accident. (Plaintiff's Response to Defendant's Separate Statement of Material Facts, ¶¶ 1, 10.) Defendants are the sole proprietors of a business known as “LF Trucking....

Excerpt: ...$100 to Mr. Feuer's 2008 campaign for the 42nd Assembly District on or about November 9, 2007; (2) $100 to Mr. Feuer's 2010 campaign for the 42nd Assembly District on or about October 19, 2010; and (3) $100 to Mr. Feuer's 2013 campaign for Los Angeles City Attorney on or about May 30, 2012. Judge Goorvitch has no personal relationship with Mr. Feuer and has had no communications with Mr. Feuer since he became the City Attorney. The Court can be f...

Excerpt: ...lowing a motor vehicle collision. Now, Plaintiff moves to compel further responses to certain Requests for Admissions, Set Two (“RFAs”) and Form Interrogatory Number 17.1. Defendant served responses on February 21, 2020, but the responses effectively stated that he could not admit or deny the matters specified in the RFAs. Indeed, most of Plaintiff's RFAs seek information that reasonably can be provided only after Defendant's expert witnesses...

Excerpt: ...cle collision. Defendant now seeks an order compelling Plaintiff to submit to physical examinations with Vernon Williams, M.D., a neurologist, and Philip K. Stenquist, Ph.D., a neuropsychologist. Plaintiff opposes the motion, which is granted with certain conditions. PROCEDURAL HISTORY This action was filed on December 14, 2018. On September 9, 2020, based upon the parties' oral stipulation, the Court continued the trial date to August 13, 2021. ...

Excerpt: ...Defendant”). Specifically, Plaintiff allegedly was filling his car with gasoline when another driver, Defendant Noel Orpina Tuldanes, exited the car wash, lost control of his vehicle, and struck Plaintiff. Plaintiff asserts causes of action for negligence and premises liability against Defendant. Now, Defendant moves for summary judgment, or in the alternative, summary adjudication of each cause of action. Plaintiff opposes the motion, which is...

Excerpt: ...�Liu”) and Patrick Hsieh, M.D. (“Hseih”) (collectively, “Defendants”). Plaintiff alleges that Defendants left a foreign body inside his body during a surgical procedure. Now, Defendants move for summary judgment on Plaintiff's complaint, which Plaintiff does not oppose. The motion is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that ...

Excerpt: ...ated by Costco Wholesale Corporation (“Defendant”). Plaintiff moves to compel further responses to her Request for Production of Documents, specifically: (1) A statement of an interview of an eyewitness taken by the insurance adjuster, (2) A statement of Plaintiff taken by the insurance adjuster, (3) A report prepared by Defendant's store manager, and (4) reports, complaints, claims, and lawsuits relating to similar types of incidents. Plaint...

Excerpt: ...�UCLA”), Steven Lerman, M.D. (“Lerman”) and Erika Wood, M.D. (“Wood”) (collectively, “Defendants”). Lerman and Wood are urologists who treated plaintiff at UCLA's hospital. Plaintiff alleges that Defendants failed to address his complaints of testicular pain and that he lost a testicle as a result. Now, Defendants move for summary judgment, which Plaintiff opposes. The motion is denied. LEGAL STANDARD “[T]he party moving for summa...

Excerpt: ...t”), as well as Greg S. Khounganian, M.D., an orthopedic surgeon. Plaintiff alleges that Dr. Khounganian negligently performed spinal surgery on Plaintiff. Specifically, Plaintiff alleges that Dr. Khounganian negligently removed and replaced a Medtronic implant and negligently placed a spinal cord stimulator, resulting in paralysis. The Court previously granted summary adjudication of Plaintiff's claim for lack of informed consent against Dr. K...

Excerpt: ...move for summary judgment on the single cause of action, one for negligence, which Plaintiff opposes. The Court continues the hearing on Defendants' motion for summary judgment but issues this tentative order in advance of the hearing. FACTUAL BACKGROUND Plaintiff has been an auto body repair professional for over 40 years and was unemployed at the time of the accident. (Plaintiff's Response to Defendant's Separate Statement of Material Facts, ¶...

Excerpt: ...cia Morgan and Gary Morgan (“Defendants”) following the death of Decedent William Elliot Suggs (“Decedent”) in a motor vehicle collision. The complaint listed the wrong name, and the plaintiff should have been listed as “George Edward Suggs, Jr.” Now, Plaintiff seeks leave to amend to fix this issue. Defendant opposes the motion, which is granted with conditions. The Court denies Defendant's motion for judgment on the pleadings. LEGAL...

Excerpt: ...lliam Suggs, Individually and as the Successor-in-Interest to the Estate of William Elliot Suggs,” filed this action against Defendants Bonnie Patricia Morgan and Gary Morgan (“Defendants”) following the death of Decedent William Elliot Suggs (“Decedent”) in a motor vehicle collision. The complaint listed the wrong name, and the plaintiff should have been listed as “George Edward Suggs, Jr.” Now, Plaintiff seeks leave to amend to fi...

Excerpt: ...staurants of California, Inc. (“Defendant”) moves for summary judgment, arguing that it did not own, operate, or control the premises, because the restaurant was a franchise. Plaintiff opposes the motion, which is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of ...

Excerpt: ...i's counsel indicated that his client would rather oppose the motion, as opposed to stipulating to the motion and then arguing that the related case should be dismissed. The Court denies the motion and voids the settlement agreement. PROCEDURAL HISTORY Kohavi filed this action (Case No. 19STCV44776) against Abouzar following a motor vehicle collision. The collision occurred on May 10, 2018, in Los Angeles, California, and the complaint was filed ...

Excerpt: ...r the Court granting this motion. BACKGROUND Plaintiff Claudia Pangelinan (“Plaintiff”) filed this action against Defendant ADW- NO1-LLC (“Defendant”) after she tripped and fell on the walkway of Defendant's property. Defendant filed a motion for summary judgment, following which Plaintiff identified a defect in her complaint. Therefore, Plaintiff moves to amend the complaint, which Defendant opposes. LEGAL STANDARD Per Code of Civil Proc...

Excerpt: ...s hit by another person, who also had rented a scooter from Bird Rides, in the tunnel underneath the Santa Monica Pier, in the City of Santa Monica (“the City”). Plaintiff asserts the following causes of action: (1) Negligence against Bird Rides, (2) Dangerous Condition of Public Property against the City; and (3) Premises Liability against the City. Defendants now demur to all three causes of action, which Plaintiff opposes. The Court sustai...

Excerpt: ...00 a.m., to inform the clerk whether they are submitting on the Court's tentative or whether they are requesting a hearing. If the parties do not affirmatively request a hearing, they will waive the right to be heard; the hearing will be taken off-calendar; and they will submit to this tentative order, which shall issue. If the City of Beverly Hills requests a hearing, it should be prepared to address the omissions in Rock Miller's declaration, w...

Excerpt: ...arrived at his opinion that the cause of death was a heart attack. TENTATIVE ORDER BACKGROUND Plaintiffs Wanda Hadley, Alexandria Hadley, and Gabrielle Hadley (“Plaintiffs”) filed this medical malpractice action against Defendant Anthony Ho, M.D. (“Defendant”). Plaintiffs allege that Daryl Hadley (“Decedent”) presented at St. Vincent Medical Center on November 19, 2016, with elevated blood pressure, chest pains, and dizziness. (Compla...

Excerpt: ...dent”) opposes the motion, arguing that it provided code-complaint responses. Per Code of Civil Procedure section 2031.230, if a party cannot comply with a request for production of documents, it must state: (1) It cannot comply with the request; (2) “[A] diligent search has been made in an effort to comply with that demand;” and (3) “[W]hether the inability to comply is because the particular item or category has never existed, has been ...

Excerpt: ...wned and operated by Defendant A2Z Health.Net, Inc. (“Defendant”). Plaintiff asserts the following causes of action in the first amended complaint: (1) Negligence; (2) Sexual Battery in violation of California Civil Code section 1708.5; (3) Battery; (4) Negligent Hiring and Retention; (5) Negligent Supervision; and (6) Intentional Infliction of Emotional Distress. A2Z demurs to the second, third, and sixth causes of action in Plaintiff's comp...

Excerpt: ...ative order in advance of the hearing: TENTATIVE ORDER BACKGROUND Plaintiff Hannah Valencia (“Plaintiff”) filed this action against Defendant Dean M. Anselmo, M.D. (“Defendant”), alleging that Defendant committed malpractice relating to the removal of a lipomatous mass. Plaintiff asserts causes of action for professional negligence and medical battery. Now, Defendant demurs to the cause of action for medical battery. Defendant also moves ...

Excerpt: ...es of action for lack of informed consent and dental malpractice, which the Court construes as a claim for professional negligence. Defendant moves for summary judgment on Plaintiff's complaint, which Plaintiff opposes. Defendant's motion is granted in part and denied in part. FACTUAL BACKGROUND Plaintiff first saw Defendant on January 21, 2016. (Plaintiff's Response to Defendant's Separate Statement of Material Facts, ¶ 1.) Defendant examined P...

Excerpt: ... for: (1) battery, (2) assault, (3) negligence/premises liability, and (4) intentional infliction of emotional distress. Plaintiff alleges that a security guard assaulted him while he was a patron at Defendants' nightclub. Now, Defendants demure to the first, second, and fourth cases of action in the first amended complaint. Defendants also move to strike the prayer for punitive damages and related allegations. Plaintiff opposes both motions. The...

Excerpt: ... operated by Albertsons Companies, Inc. (“Defendant”). Now, Defendant moves to strike the prayer for punitive damages and related allegations. The motion to strike is granted with leave to amend. LEGAL STANDARD Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On a motio...

Excerpt: ...t mishandled the remains of their mother following her cremation. Specifically, Plaintiffs allege that Defendant gave them the wrong ashes, and the ashes of Decedent have been lost. Plaintiffs' sister, Carla Rae Bernstein, signed a contract with Defendant, and the contract contained an arbitration clause. Defendant moved to compel arbitration, arguing that Plaintiffs were bound by the arbitration clause, even though they did not sign the contract...

Excerpt: ...�Defendants”), asserting causes of action for Battery and Negligence, in violation of California Government Code sections 815.2(a) and 820(a). Defendants move for summary judgment, which Plaintiff opposes. The motion is denied. FACTUAL BACKGROUND On Thursday, May 11, 2017, Plaintiff was driving a vehicle in the residential neighborhood of 112th Street and Wilton Place, in Los Angeles, California. (Plaintiff's Response to Defendant's Separate St...

Excerpt: ...evara”), who allegedly was driving on behalf of his employer, Defeat Obesity America, Inc. (collectively, “Defendants”). The accident occurred in Bend, Oregon. Now, Defendants move to dismiss or stay the action on the ground of forum non conveniens. Plaintiff opposes the motion, which is granted. PROCEDURAL HISTORY On January 13, 2018, Plaintiff and Defendant were involved in a motor vehicle collision in Bend, Oregon. (Declaration of John D...

Excerpt: ...nt Niraj Karki, M.D. (“Defendant”), among others. Plaintiffs allege that Defendant improperly treated a thyroid storm, causing the death of Plaintiffs' daughter, Ashley Orihuela (“Decedent”). Now, Defendant moves for summary judgment. Plaintiffs oppose the motion, which is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled...

Excerpt: ...ity owned and operated by Defendant A2Z Health.Net, Inc. (“Defendant”). Plaintiff asserts the following causes of action in the first amended complaint: (1) Negligence; (2) Sexual Battery in violation of California Civil Code section 1708.5; (3) Battery; (4) Negligent Hiring and Retention; (5) Negligent Supervision; and (6) Intentional Infliction of Emotional Distress. A2Z demurs to the second, third, and sixth causes of action in Plaintiff's...

Excerpt: ...William Elliot Suggs,” filed this action against Defendants Bonnie Patricia Morgan and Gary Morgan (“Defendants”) following the death of Decedent William Elliot Suggs (“Decedent”) in a motor vehicle collision. Now, Plaintiff moves to disqualify Defendants' counsel. Defendants oppose the motion, which is denied. FACTUAL BACKGROUND On September 12, 2017, Decedent was killed in a motor vehicle collision in Los Angeles County. Decedent was ...

Excerpt: ... in a public sidewalk. In the first amended complaint, Plaintiff alleges: On or about January 14, 2018, Plaintiff was walking on the sidewalk between 111 and 125 N. Robertson Boulevard in the City of Beverly Hills, County of Los Angeles and State of California. While walking, Plaintiff tripped and fell over a cracked and raised portion of the sidewalk causing her to fracture her femur requiring surgery. (Plaintiff's First Amended Complaint, p. 4....

Excerpt: ...Plaintiff alleges that Defendant negligently performed spinal surgery on Plaintiff. Specifically, Plaintiff alleges that Defendant negligently removed and replaced a Medtronic implant and negligently placed a spinal cord stimulator, resulting in paralysis. Plaintiff asserts causes of action for professional negligence and lack of informed consent. Now, Defendant moves for summary judgment. The Court interprets this motion as one for summary adjud...

Excerpt: ...on against Defendant County of Los Angeles (“Defendant”), among others, following an automobile collision with Dmitry Barkon, a deputy sheriff. Plaintiffs reside in Idaho, and Defendant moves to require Plaintiffs to post an undertaking. The motion is denied. LEGAL STANDARD “When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed...

Excerpt: ... (“Defendant Pettinato”), asserting a single cause of action for negligence. Plaintiff alleges that Defendant Russell-Smith, a homeowner, hired Defendant Pettinato, an unlicensed contractor, to perform tree-trimming services. Plaintiff alleges that Defendant Pettinato hired him to assist, and that he was injured in the process. Now, Defendant Russell-Smith moves for summary judgment, which Plaintiff opposes. The motion is denied. FACTUAL BACK...

Excerpt: ...esent. After Defendant objected to the subpoena, the DMV sent a letter dated June 19, 2020, stating that it would not produce the requested records “until further notice from the Objector or by court order.” (Robinson Decl. [ROA 121] at ¶ 20, Exh. 11.) The DMV further explained that, “once the production moves forward,” a number of “confidential information objections would apply.” Under “additional information,” the DMV explaine...

Excerpt: ... tentative or whether they are requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. TENTATIVE ORDER Plaintiff Monica Argueta (“Plaintiff”) filed this action against Defendant Carol Campen (“Defendant”) on September 30, 2019, f...

Excerpt: ...ount and the County of Los Angeles, asserting a single cause of action for dangerous condition of public property. Plaintiff was involved in a motor vehicle collision and alleges that the accident was caused by a single inoperative traffic signal, notwithstanding three other working traffic signals at the same intersection. Now, Defendant moves for summary judgment, which Plaintiff opposes. The motion is granted. FACTS This action involves a traf...

Excerpt: ...). Now, Defendants move for summary judgment, which Plaintiff does not oppose. The motion is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of th...

Excerpt: ...ocuments requested in the notices. Defendant opposes the motion, which is granted in part and denied in part. PROCEDURAL HISTORY Plaintiff filed this action on August 13, 2018. Plaintiff served deposition notices on October 7, 2019. (Declaration of David Shay, ¶ 6 & Exh. B.) On November 13, 2019, Defendant served objections to Plaintiff's notices because the deponents were not available that date. (Id., ¶ 7 & Exh. C.) The parties met‐and‐co...

Excerpt: ...t moves for summary judgment, arguing that he had been stopped behind Plaintiff when a third-party, Stephen Cooper, rear-ended him, pushing his vehicle into Plaintiff. Plaintiff opposes the motion, which is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fac...

Excerpt: ...: (1) $100 to Mr. Feuer's 2008 campaign for the 42nd Assembly District on or about November 9, 2007; (2) $100 to Mr. Feuer's 2010 campaign for the 42nd Assembly District on or about October 19, 2010; and (3) $100 to Mr. Feuer's 2013 campaign for Los Angeles City Attorney on or about May 30, 2012. Judge Goorvitch has no personal relationship with Mr. Feuer and has had no communications with Mr. Feuer since he became the City Attorney. The Court ca...

Excerpt: ...traumatic brain injury from the accident, resulting in severe memory loss, anxiety, and depression. Now, Defendant moves to compel an examination by a neuropsychologist, which Plaintiff opposes. The motion is granted. LEGAL STANDARD A party seeking any mental examination must obtain leave of court to do so. (Code Civ. Proc., § 2032.310(a).) Section 2032.310(b) provides that the motion “shall specify the time, place, manner, conditions, scope a...

Excerpt: ... and Brookvale International Corp. for damages arising out of a fall that occurred while she was working for non-party, Capital Logistics. Plaintiff added Moving Defendant, Neil J. Curry Trust, as Doe 1; Plaintiff alleges the Trust owned the property on which she fell and is liable for her fall because it provided inadequate and/or insufficient and/or non- functioning and/or non-existent lighting on the premises, and the lack of lighting caused h...

Excerpt: ..., among others, alleging that they failed to protect their tenants from attacks by third parties, resulting in the death of Joseph Bell. Specifically, Plaintiffs allege that Defendants failed to keep gang members from loitering within their apartment complex, where Joseph Bell resided. (First Amended Complaint, ¶¶ 16‐17.) Plaintiffs also allege that Joseph Bell was assaulted “at” Defendants' apartment complex, causing his death. (Id., ¶ ...

Excerpt: ...yer Moizel Revocable Trust (“Defendant”), and Alpha Libra Management, Inc. (“Alpha Libra”) after he tripped and fell down the stairs at an apartment building owned and operated by Defendants. Plaintiff asserts causes of action for negligence and premises liability. Now, Defendants move for summary judgment. Plaintiff does not oppose Alpha Libra's motion for summary judgment, stating: “Plaintiff has completed his investigation into Alpha...

Excerpt: ...r. The Court approves remote appearances via LACourtConnect. BACKGROUND Plaintiffs Shelita Walker and Darnell Easley (“Plaintiffs”) filed this action on August 29, 2016. On January 24, 2020, the Court granted a motion for terminating sanctions by defendant Wendy Shuster (“Defendant”) and dismissed this case due to Plaintiffs' failure to comply with this Court's orders. Now, Plaintiffs seek reconsideration of that order. The motion is deni...

Excerpt: ...ummary judgment, which Plaintiff opposes. The motion is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law . . . . There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in a...

Excerpt: ...fendant”) after she slipped and fell in a stairwell within Defendant's parking structure. Defendant now moves for summary judgment on the remaining cause of action, one for dangerous condition of public property, which Plaintiff opposes. The motion is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of...

Excerpt: ..., Inc. (“Kamran”) and Solvis Staffing Services, Inc. (“Solvis”). (Complaint, ¶ 22.) ‐ On or about May 7, 2016, Plaintiff was assigned to work at a warehouse owned and operated by Furniture of America California, Inc. (“Furniture of America”). (Id., ¶ 23.) ‐ At approximately 11:00 a.m., Plaintiff was injured when the belt on the cherry picker forklift to which he was strapped suddenly broke. (Id., ¶ 24.) ‐ As a result, Plainti...

Excerpt: ...e “Kazarians”) filed the instant lemon law action against Defendant General Motors LLC (“Defendant” or “GM”). This action relates to the 2016 Chevrolet Malibu that Plaintiffs leased in January 2016. The vehicle was delivered with series defects and non-conformities. Defendant was unable to repair the non-conformities after a reasonable number of repair attempts. The Complaint alleges three causes of action for: 1) violation of the Son...

Excerpt: ...ful death action against Defendant Olympia Medical Center (“Defendant”), as well as two individual physicians. Plaintiffs allege that Decedent Vincent Udeoji (“Decedent”) died as a result of a pulmonary embolism while a patient at Defendant's hospital. Now, Defendant moves for summary judgment, which Plaintiffs oppose. The motion is denied because Defendant has not requested a continuance of the hearing to afford Plaintiffs an opportunity...

Excerpt: ...on March 27, 2012, Plaintiff purchased a pre-owned 2009 Mercedes- Benz C300 (the “vehicle”) from Defendant, an auto dealer. In April 2016, the vehicle needed to be serviced by Defendant when the SRS control unit/airbag module needed to be replaced and reprogrammed. In May 2016, Plaintiff received a letter from Mercedes-Benz USA, LLC, informing her that a defect related to safety exists. In August 2016, she received a second letter indicating ...

Excerpt: ... action against Defendant State of California (“Defendant”), among others. Plaintiffs allege that Officer Alex Cisneros (“Officer Cisneros”) was pursuing Jaime Ramirez (“Co‐Defendant Ramirez”) in the course and scope of his duties as an officer with the California Highway Patrol, a state agency. As a result of the chase, Co‐Defendant Ramirez allegedly collided with Plaintiff Flores's vehicle, giving rise to his claim for negligenc...

Excerpt: ...r negligence and premises liability. Plaintiff alleges that she tripped and fell on a wheel‐stop in the parking lot of Defendant's restaurant. Now, Defendant moves for summary judgment, which Plaintiff opposes. The motion is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable i...

Excerpt: ...ractice/wrongful death action against Defendant La Palma Intercommunity Hospital (“Defendant”), among others, following the death of Decedent Juan Montes Martinez (“Decedent”). The undisputed facts are as follows: - In early May 2017, Decedent slipped and fell at a gas station. (Plaintiff's Response to Defendant's Separate Statement of Undisputed Facts, ¶ 5.) - About four days later, on May 14, 2017, Decedent went to Defendant's emergenc...

Excerpt: ...he Court authorizes remote appearances. BACKGROUND Plaintiff Michael Hayrapetian (“Plaintiff”) filed this action against Defendant Vram J. Kargodorian, D.D.S. (“Defendant”), asserting causes of action for lack of informed consent and dental malpractice, which the Court construes as a claim for professional negligence. Plaintiff, who has an artificial heart valve, alleges that Defendant filled his tooth without prescribing antibiotics in a...

Excerpt: ...urt's tentative or whether they are requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. TENTATIVE ORDER Defendant Vons Grocery Store (“Defendant”) moves to re‐open discovery for the purpose of completing expert discovery that w...

Excerpt: ...he Court authorizes remote appearances. BACKGROUND Plaintiff Michael Hayrapetian (“Plaintiff”) filed this action against Defendant Vram J. Kargodorian, D.D.S. (“Defendant”), asserting causes of action for lack of informed consent and dental malpractice, which the Court construes as a claim for professional negligence. Plaintiff, who has an artificial heart valve, alleges that Defendant filled his tooth without prescribing antibiotics in a...

Excerpt: ...“Defendant”). Plaintiff alleges that she was riding her bicycle on Long Beach Boulevard when her bicycle wheel got caught between a gap in two metal panels of Defendant's light rail track, throwing Plaintiff and causing head trauma. The motion is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law...

Excerpt: ...) $100 to Mr. Feuer's 2008 campaign for the 42nd Assembly District on or about November 9, 2007; (2) $100 to Mr. Feuer's 2010 campaign for the 42nd Assembly District on or about October 19, 2010; and (3) $100 to Mr. Feuer's 2013 campaign for Los Angeles City Attorney on or about May 30, 2012. Judge Goorvitch has no personal relationship with Mr. Feuer and has had no communications with Mr. Feuer since he became the City Attorney. The Court can be...

Excerpt: ...Alaska Airlines, Inc. (“Alaska Airlines”), Command Security Corporation (“Command Security”), and S.A.S. Security Group (“S.A.S.”), among others, after Mitiku Woldegirorgis Tesema (“Decedent”) was struck and killed on a roadway near Los Angeles International Airport. S.A.S. repreents the following:  Decedent was scheduled to fly from Addis Ababa, Ethiopia to Los Angeles, California via Ethiopian Airlines. At Los Angeles Interna...

Excerpt: ...Banks (“Plaintiff”) alleges that she tripped and fell on a sidewalk adjacent to a building owned by Defendants Tom Mastorakos and Victoria Mastorakos through the Mastorakos Family Trust (“Defendants”) within the City of Hawthorne (the “City”). On November 9, 2017, Plaintiff was walking on the sidewalk adjacent to 4263 West El Segundo Boulevard, Hawthorne, California. (Plaintiff's Response to Defendant's Separate Statement of Undispute...

Excerpt: ...n Authority and operated by MV Transportation, Inc. There was a collision between the two. On April 27, 2018, Brian Andrew Croft filed a personal injury case against Jerome Madison and MV Transportation, Inc., which is Case Number BC704189. That case still is pending. Neither Madison nor MV Transportation filed a cross‐complaint against Croft. On May 18, 2017, Amy Sturgeon filed a personal injury action against Croft, Madison, and MV Transporta...

Excerpt: ...go Castro (“Plaintiff”) was made in good faith. Defendants 3608 Manhattan Avenue, LLC, Timothy R. Roth, and HB Construction (“Defendants”) have filed a motion to contest the application for determination of good faith settlement, which R.E. opposes. The Court finds that the settlement was made in good faith. LEGAL STANDARD In Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, the court set forth the factors to consider w...

Excerpt: ...es of action for negligence and “willful misconduct.” Plaintiff seeks punitive damages in connection with the second cause of action. Specifically, Plaintiff alleges that he was sitting on a bench in the sauna at Defendant's gym when the bench collapsed, causing him injuries. Now, Defendant moves for summary judgment or, in the alternative, summary adjudication of each cause of action. Plaintiff opposes the motion and filed his own motion see...

Excerpt: ...�Gray West”) as the general contractor for the project. Defendant Gray West hired American Spring Heating & Cooling (“American Spring”) to install the HVAC system. Defendant Gray West also hired AltaVista Walls Systems, Inc. (“AltaVista”) to perform the framing work on the project, including installing the slammer studs. Plaintiff was working for American Spring as an air conditioning installer. Plaintiff alleges that while he was worki...

Excerpt: ...s tentative or whether they are requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. BACKGROUND Plaintiff Leland Felsenthal (“Plaintiff”) filed this action after he was injured on a scooter he rented from Defendant Bird Rides, Inc...

Excerpt: ...g on the Court's tentative or whether they are requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. BACKGROUND Plaintiff Jose Juan Alejo Huazano (“Plaintiff”) filed this action following a motor vehicle collision with Defendant Sa...

Excerpt: ...d a heart bypass operation, and Plaintiff had to undergo a right leg amputation as a result of complications. Plaintiff asserts the following causes of action: (1) Medical Negligence, (2) Fraud, (3) Lack of Informed Consent, and (4) Battery. With respect to the causes of action for fraud and battery, Plaintiff alleges as follows in the second amended complaint: ‐ On or about February 25, 2016, Plaintiff consulted Defendant, having experienced p...

Excerpt: ...A, at a spa owned and operated by Defendant Beverly Hot Springs, Inc. (“Defendant”). The complaint was filed on July 14, 2016, meaning that the case is over four years old. Now, Plaintiff seeks to reopen discovery to conduct another site inspection. Defendant seeks to augment its expert witness list with an “aquatic” expert. Both motions are denied. LEGAL STANDARD A. Motion to Reopen Discovery In determining whether to re‐open discovery...

Excerpt: ...rand Investments, LLC, Melanie Bickley, and Dolton Realty Corporation (collectively, “Defendants”). Plaintiff asserts causes of action for general negligence, premises liability, negligent undertaking, and gross negligence. Plaintiff also seeks punitive damages. Now, Defendant demur to the cause of action for gross negligence and move to strike the prayer for punitive damages. Plaintiff opposes both motions. The demurrer is overruled but the ...

Excerpt: ...rzans (“Defendant”). Plaintiff asserts causes of action for: (1) Negligence, (2) Premises liability, (3) Negligence per se, (4) Strict liability based upon common law, (5) Strict liability based upon “dog bite statute,” and (6) Negligent infliction of emotional distress. Now, Defendant moves for summary judgment. As a general matter, Defendant argues that she did not know, and had no reason to know, that the dog had vicious tendencies. De...

Excerpt: ...euer: (1) $100 to Mr. Feuer's 2008 campaign for the 42nd Assembly District on or about November 9, 2007; (2) $100 to Mr. Feuer's 2010 campaign for the 42nd Assembly District on or about October 19, 2010; and (3) $100 to Mr. Feuer's 2013 campaign for Los Angeles City Attorney on or about May 30, 2012. Judge Goorvitch has no personal relationship with Mr. Feuer and has had no communications with Mr. Feuer since he became the City Attorney. The Cour...

Excerpt: ...ant was working as an Uber driver and was driving Fergal Furlong (“Furlong”). When Defendant stopped, Furlong allegedly opened the rear right passenger door of Defendant's vehicle and struck Plaintiff, who was riding his bicycle in the lane against the curb. Defendant now moves for summary judgment, which Plaintiff opposes. The motion is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that ther...

Excerpt: ...le collision. Plaintiff submitted to a physical examination by Dr. Douglas Kiester, M.D., on January 15, 2019. Now, Defendant moves for a second examination, following Plaintiff's back surgery on October 22, 2019. Defendant also moves for a second deposition of Plaintiff. Plaintiff opposes both motions. The motion for a second medical examination is denied without prejudice. The motion for a second deposition is granted. LEGAL STANDARD When the p...

Excerpt: ... Echeverry was driving a truck he rented from Defendant Penske Truck Leasing Co., LP (“Penske”). Now, Echeverry and Penske (collectively, “Defendants”) move for summary judgment, which Plaintiff does not oppose. The motion is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a t...

Excerpt: ...Michael N. Feuer: (1) $100 to Mr. Feuer's 2008 campaign for the 42nd Assembly District on or about November 9, 2007; (2) $100 to Mr. Feuer's 2010 campaign for the 42nd Assembly District on or about October 19, 2010; and (3) $100 to Mr. Feuer's 2013 campaign for Los Angeles City Attorney on or about May 30, 2012. Judge Goorvitch has no personal relationship with Mr. Feuer and has had no communications with Mr. Feuer since he became the City Attorn...

Excerpt: ...as a demolition subcontractor on a project to remodel office space. The general subcontractor on the project, Commercial Builders, Inc. (“CBI”), hired Defendant to disconnect and empty a fire suppression tank at the office space. In his complaint, Plaintiff alleges as follows: “After being told by [CBI] that the tanks were empty and ready for removal, the tanks were unstrapped and removed to [In and Out's] yard.” “Thereafter, Plaintiff ...

Excerpt: ...) was killed in an automobile collision with Defendant Joshua Cabryon Johnson (“Defendant”). The Los Angeles County District Attorney's Office has charged Defendant for his role in Decedent's death. Accordingly, Defendants move to stay discovery with respect to Defendant, pending resolution of the criminal case. Plaintiffs do not oppose the motion, which is granted. LEGAL STANDARD Where a civil defendant faces criminal prosecution based on th...

Excerpt: ...”). Defendant moves to strike the prayer for punitive damages in Plaintiff's complaint. The motion to strike the prayer for punitive damages is granted with leave to amend. LEGAL STANDARD Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On a motion to strike, the court ma...