Excerpt: ... Plaintiff William Seneviratne, by and through his guardian ad litem, alleges he was injured when Defendant hit his father's vehicle as he was exiting the vehicle. Plaintiff, a thirteen‐year‐old boy alleges severe physical and mental injuries, including a traumatic brain injury. Plaintiff contends that he suffers from insomnia, impaired memory, dizziness and cognitive impairment and also contends that his injuries have impaired his future ear...

Excerpt: ...ier Lopez, through their guardian ad litem Laura Rocha, allege they were injured by Defendant Diana Arreola and her employer Defendant Mi Sueno Speech Therapy. Plaintiffs allege that Ezekiel was diagnosed with developmental delays and possible autism by physicians at the Pomona Regional Medical Center (“PRMC”). PRMC contracted with Mi Sueno Speech Therapy Inc. (“Mi Sueno”) to provide Ezekiel with speech therapy to improve his communicatio...

Excerpt: ...nt Elizabeth Ochoa. Plaintiff and Ochoa entered into a settlement agreement for Ochoa's $15,000 policy insurance policy limits. At the time of the settlement, Plaintiff had incurred approximately $118,708.50 in medical expenses. Ochoa applied for a good faith settlement determination pursuant to Code of Civil Procedure section 877.6. The non‐settling defendants contest the application, claiming that the settlement is far outside of the ballpark...

Excerpt: ...rst amended complaint within 20 days. In the first amended complaint, Plaintiffs Ethan Sharim and Farhad Sharim allege they were injured in a car accident as a result of the negligence of Defendant Petros Melkonyan. Plaintiffs assert claims for general negligence, motor vehicle negligence and negligent infliction of emotional distress. The claim for negligent infliction of emotional distress is asserted only on behalf of Ethan Sharim. The complai...

Excerpt: ... met their burden of establishing that ALL defendants reside outside of Los Angeles County. DISCUSSION In the complaint, Plaintiff Cinda Mickols alleges that she was injured by the alleged professional negligence of Defendants Dr. Mark Andrew Liker; Adventist Health Bakersfield; San Joaquin Community Hospital; Dr. Sudhir Shyam Joshi; Dr. Imad Abumeri; Dr. Mary Grace Magalong; Dr. Gary S. Rubiaco; Dr. Lorraine M. Ash; Dr. Jeffrey Chen; and Dr. Bar...

Excerpt: ...he was injured in a car collision caused by the negligence of Defendant Jennifer Brown, who is alleged to have been the driver of the car who Plaintiff's car. The complaint purports to state three causes of action: (1) negligence; (2) negligence per se; and (3) statutory liability under Vehicle Code sections 17150‐17159. Defendant demurs to the second and third causes of action. TIMELINESS OF DEMURRER Plaintiff argues that the demurrer is untim...

Excerpt: ...gence of Defendant Maria Mahgerefteh Samouha. He claims to have suffered personal injuries, damage to his vehicle, loss of use of his vehicle and lost wages, among other categories of damages. Defendant moves for summary judgment, claiming that the undisputed evidence establishes that Defendant was not negligent. In opposition, Plaintiff claims there are disputed issues of fact. EVIDENCE A. Defendant's Evidence 1. Excerpts from Deposition of Defe...

Excerpt: ...ms for negligence, strict liability pursuant to Civ Code § 3342, and negligent infliction of emotional distress. Plaintiffs Daniel Wagner and Noah Wagner, by and through their guardian ad litem Allen Wagner, move for a preferential trial setting. Daniel is 8 years old, and Noah is 12 years old. Both have a substantial interest in this litigation as a whole since Daniel was bitten, and Noah suffered emotional distress witnessing the attack. Defen...

Excerpt: ...al and motor vehicle negligence. Defendant, Karen Tang, argues that the Court should reconsider its order of 9/4/20 and revoke it on a number of grounds. The Court set the date for the hearing for 9/2/20, but Plaintiffs did not give notice to Defendant as ordered by the Court. Defendant had previously responded to all written discovery on 3/17/20. Defendant had previously prepared and served oppositions that were not filed with the Court due to p...

Excerpt: ...chard Theodore Guttman. Plaintiff seeks recovery for, among other things, past and future medical expenses, lost income and property damage. Defendants Little and Guttman have each filed a cross‐ complaint against the other for indemnity, apportionment of fault and declaratory relief. In this motion, Plaintiff seeks to quash the following subpoenas: 1. Two subpoenas directed to Mend Urgent Care in Sherman Oaks. The subpoenas seek the production...

Excerpt: ...ss‐complaint against Harris and DL Peterson Trust, for indemnity, apportionment of fault and declaratory relief. In this motion, Defendant seeks to quash a subpoena for the production of business records directed to California Casualty Insurance Company (“CCIC”). Several subpoenas are attached to Defendant's motion; the subpoena at issue in this motion appears to be the subpoena dated 7/28/2020, attached as Exhibit E to the motion. The subp...

Excerpt: ... claim. ALLEGATIONS OF THE COMPLAINT In the first amended complaint, Plaintiff Jessica Siano alleges that on October 29, 2016 she was violently attacked by Defendants' dog. Plaintiff alleges that prior to the subject attack, “each Defendant was and/or should have been aware that the dog had previously attacked and/or otherwise aggressively barked, growled, or otherwise threatened the public.” Plaintiff further alleges that each defendant “k...

Excerpt: ..., Aegean Stoneworks, Inc. The load allegedly exceeded the weight capacity limit for the truck. Defendant allegedly parked the truck on an uneven surface and failed to chock the wheels of the truck. Defendant directed Plaintiff to remove the straps after telling Plaintiff it was safe to do so. As Plaintiff cut the last strap, the stone slabs fell on Plaintiff. Plaintiff alleges claims for negligent hiring/supervision/retention, negligence, and neg...

Excerpt: ...the City of Industry (“City”) for public entity liability under Government Code sections 815.2, 815.4, 815.6 and dangerous condition of public property under Government Code sections 835, 840.2, 840.4. Plaintiff also asserts a claim for general negligence against non‐public entity Does. The City demurs on the ground that the action is time barred under the Government Claims Act. REQUEST FOR JUDICIAL NOTICE In ruling on a demurrer involving ...

Excerpt: ...cle collision that occurred on 12/17/2017. Plaintiff alleges he was a passenger in a LACMTA van driven by LACMTA employee Victor Joe Romero when the LACMTA van collided with a car being driven by Quin Hui Cham. Plaintiff sued Defendants LACMTA, Romero, Quin Hui Cham and Phuc Cham for negligence. LACMTA filed a cross‐ complaint against Quin Hui Cham and Phuc Cham for indemnity, contribution and declaratory relief. Quin Hui Cham settled with Plai...

Excerpt: ...Li Qing, Ruben Madrigal Aliantar, Alicia Nunez and Froylan Ocampo Nunez. Liu and Froylan Nunez each filed cross‐complaints against other defendants. Plaintiff served a statement of damages, claiming $275,000 in economic damages and $500,000 in non‐ economic damages, for a total damage claim of $775,000. The alleged economic damages consist of past and future medical expenses and past and future lost wages. Plaintiff entered into a settlement ...

Excerpt: ...The attack occurred on or near property owned, operated or managed by defendants. Prior to the attack, defendants knew that the dog was dangerous and vicious. Defendants negligently failed to control their dog, which in the exercise of due care they could have done. Plaintiff alleges that defendants caused the dog to be unattended and unrestrained on the premises. The dog had previously attacked at least two other people and had been deemed “vi...

Excerpt: ... Judy Wizel's cross‐complaint against the City of Los Angeles. Since Wizel is not liable to Plaintiff, there is no basis for Wizel's equitable indemnity and contribution claims against the City of Los Angeles. In this action Plaintiff Yubia Sandoval alleges she was injured when she tripped and fell on a public sidewalk in the City of Los Angeles. Plaintiff sued Defendants City of Los Angeles (“City”), Judy Wizel (Doe 1) and Judy Wizel Trust...

Excerpt: ...and on March 27, 2020, amended the complaint to substitute Los Angeles Unified School District as Doe 1. LAUSD demurrers on the ground that Plaintiff failed to comply with the claims presentation requirement and on the ground that Plaintiff was not genuinely ignorant of LAUSD's identity at the commencement of the litigation. Plaintiff, in turn, has filed a petition, pursuant to Government Code section 946.6, to be relieved from the claims filing ...

Excerpt: ...tone Blvd. in the City of South Gate. The incident occurred on April 7, 2019. Plaintiff asserts a claim for dangerous condition of public property against the City of South Gate and other defendants. Pursuant to Government Code section 911.2, subd. (a), Plaintiff was required to present a written claim for damages to the City of South Gate within six months of accrual of Plaintiff's cause of action, or by October 7, 2019. Plaintiff, through her c...

Excerpt: ...s negligently provided adequate security. Plaintiff alleges claims for negligence, battery, and negligent hiring. Defendant Trustee demurs to the second cause of action for battery and the third cause of action for negligent hiring. Defendant argues that the FAC does not allege actionable conduct against the Trust for the alleged battery or for the alleged negligent hiring of an employee of the pub. Defendant also moves to strike the punitive dam...

Excerpt: ...provided by Defendant Bird Rides, Inc. (“Bird”) due to the negligence of Bird and Defendant City of Santa Monica (“Doe 1”). Plaintiff asserts claims for negligence, gross negligence and declaratory relief. Bird moves to compel arbitration. Bird presents evidence that when new users sign up to access the Bird platform through the Bird app, new users receive, review and accept the terms of a Bird Rental Agreement, Waiver of Liability and Re...

Excerpt: ...his ruling is without prejudice to a future motion for leave to amend to add a claim of punitive damages should Plaintiff later discover facts that would justify a claim for punitive damages. Defendant's Demurrer to Plaintiff's Complaint Pursuant to Code of Civil Procedure Section 430.10, subd. (e) is OVERRULED as moot. In the complaint, Plaintiffs allege they were injured in a motor vehicle collision caused by Defendant Madelin Salazar. In the e...

Excerpt: ...ccordance with newly enacted section 2025.310 of the Code of Civil Procedure (effective September 18, 2020). In this action, Plaintiff Lisa Stern alleges she was seriously injured when she fell into a deep hole on premises owned or controlled by Defendants Douglas Emmett 2014 LLC, and ABM Industries Inc. Plaintiff asserts claims for premises liability and negligence. In this motion Plaintiff seeks to compel the further deposition of ABM's “pers...

Excerpt: ...lleged driver of the car), and Sara Rios (the alleged owner of the car). Defendant Uber Technologies, Inc., move to compel arbitration. No party has opposed. Uber presents evidence that Plaintiff registered to use the Uber App as a rider over the internet. He received and accepted Uber's updated terms and conditions in 2017. The terms and conditions included an arbitration provision that states, in part: “By agreeing to the Terms, you agree tha...