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Judge: Traber, Theresa M x
2020.07.21 Demurrer, Motion to Strike 824
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2020.07.21
Excerpt: ...sim Barjesteh (Plaintiff) filed a complaint against Avi El-Kiss (El-Kiss), The Angel Realty, LLC (Angel) (collectively, Defendants), and Does 1 through 25, alleging claims for: (1) premises liability; (2) negligence; (3) negligence per se/violation of statute; (4) wrongful eviction/forcible detainer; (5) trespass/damage to personal property; (6) breach of contract/breach of covenant of quiet enjoyment; (7) tortious breach of warranty of habitabil...
2020.07.20 Motion to Compel Further Responses 001
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2020.07.20
Excerpt: ...fs) filed a complaint against Ford Motor Company (Defendant) and Does 1 through 50, alleging: (1) violation of Civil Code section 1793.2(d); (2) violation of Civil Code section 1793.2(b); (3) violation of Civil Code section 1793.2(a)(3); (4) breach of express written warranty in violation of Civil Code section 1791.2(a) and 1794; and (5) breach of the implied warranty of merchantability in violation of Civil Code section 1791.1 and 1794. This mat...
2020.07.20 Demurrer 374
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2020.07.20
Excerpt: ...Dept. U 8:30 a.m. July 20, 2020 I. BACKGROUND On March 6, 2020, Magda Susana Alvarez Mariaca (Plaintiff) filed a complaint against Miriam Sempertegui, as an individual and as Trustee of The Sempertegui Trust (collectively, Defendant), All Persons Unknown claiming legal title or interest in the property, and Does 1 through 20, alleging claims for: (1) quiet title; (2) duress; (3) breach of oral agreement; (4) unjust enrichment; and (5) breach of t...
2020.07.17 Motion for Terminating, Issue, or Evidence Sanctions, for Monetary Sanctions 839
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2020.07.17
Excerpt: ...6-OA21, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006- OA21, an unknown business entity, and DOES 1 through 20, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO: LC106839 [TENTATIVE] ORDER RE: DEFENDANTS' MOTION FOR TERMINATING SANCTIONS OR, ALTERNATIVELY, FOR ISSUE AND/OR EVIDENCE SANCTIONS & MONETARY SANCTIONS Dept. U 8:30 a.m. July 17, 2020 Amirah Behaar (Plaintiff) filed a complaint against Bayview Loan Servicing, LLC (Bay...
2020.07.15 OSC Re Preliminary Injunction 731
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2020.07.15
Excerpt: ...iled a complaint against Arron Afflalo (Afflalo), Marina Steele (Steele), Gwendolyn Washington (Washington) (collectively, Defendants), and Does 1 through 10, alleging: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) intentional interference with contractual relations; (4) intentional interference with prospective economic advantage; (5) negligent interference with prospective economic advantage; and...
2020.07.15 Motion to Set Aside or Vacate Default 818
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2020.07.15
Excerpt: ... Mitchell and JHM Ventures (Plaintiffs) filed a complaint against Daniel M. Uzan (Uzman) and Does 1 through 20, alleging claims for: (1) breach of contract – shareholder agreement; (2) breach of contract – guaranty agreement; (3) fraud; (4) conversion; and (5) breach of fiduciary duty. Triumph Sound and Vision (Triumph) was substituted in as Doe Defendant 1 on October 17, 2019. Default was entered against Triumph on December 16, 2019. Triumph...
2020.07.08 Motion to Compel Deposition, Request for Sanctions 667
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2020.07.08
Excerpt: ... Mary R. Gabriel Family Trust, KAMIL K. GABRIEL, an individual, SANAA GABRIEL, an individual, and DOES 1 to 25, inclusive, Defendants. CASE NO: BC710667 [TENTATIVE] ORDER RE: PLAINTIFF'S MOTION TO COMPEL DEPOSITION OF DR. IBRAHIN, M.D. & REQUEST FOR SANCTIONS Dept. U 8:30 a.m. July 8, 2020 I. BACKGROUND On June 19, 2018, Richard Del Rosario (Plaintiff) filed a complaint against Joseph Kaiser Gabriel, individually and as Trustee or Successor Trust...
2020.07.07 Demurrer 753
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2020.07.07
Excerpt: ...4, 2019, Sargis Agazaryan (Plaintiff) filed a complaint against Russell Westbrook, Russell Westbrook Chrysler Dodge Jeep Ram of Van Nuys, and Does 1-50, alleging: (1) negligence and (2) premises liability. Russell Westbrook was dismissed from this matter. Russell Westbrook Chrysler Dodge Jeep Ram of Van Nuys was incorrectly named in the complaint. On September 26, 2019, the complaint was amended to correctly name the Defendant as YPD Van Nuys CJD...
2020.07.06 Application for Right to Attach and Writ of Attachment 824
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2020.07.06
Excerpt: ...Brand Produce, Inc. (Brand or Plaintiff) filed a complaint against Encino Glatt Market, Inc. (Encino or Defendant), alleging: (1) breach of contract; (2) common counts; (3) open book account; (4) account stated; (5) quantum meruit; and (5) unjust enrichment. Between February 2019 and May 2019, Brand and Encino had a produce agreement requiring Brand to supply Encino with fruits and vegetables in exchange for Encino paying Brand for this produce. ...
2020.07.01 Demurrer, Motion to Strike 215
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2020.07.01
Excerpt: ...rough 50, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO: BC696215 [TENTATIVE] ORDER RE: WILLIAM MORRIS ENDEAVOR ENTERTAINMENT, LLC'S DEMURRER TO COMPLAINT AND MOTION TO STRIKE Dept. U 8:30 a.m. July 1, 2020 I. BACKGROUND On February 27, 2018, Donald Barron (Plaintiff or Barron) filed a complaint against Warner Bros. Records, Inc. (Warner Bros.), Gazzy Garcia aka “Lil Pump” (Garcia), Herbert Battle (Battle), Troy Heidtma...
2020.07.01 Application for Writ of Possession 773
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2020.07.01
Excerpt: ...ach of written agreement; (2) claim and delivery; (3) conversion; and (4) goods sold and delivered. In addition to submitting this application for writ of possession, Plaintiff has also requested the dismissal of the Doe defendants and an entry of default judgment against Iknadosian. Default against Defendant was entered on March 28, 2020. 1. Merits Proof of Service Under Code of Civil Procedure section 512.020, Plaintiff must demonstrate in its ...
2020.06.30 Motion to Dismiss Appeal of Labor Commissioner's Order, Request for Judgment 016
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2020.06.30
Excerpt: ...ATTORNEYS' FEES Dept. U 8:30 a.m. June 30, 2020 Ruth Zimmerman (Zimmerman) filed a claim against Jay S. Rothman, an individual d/b/a Jay S. Rothman & Associates (Rothman), with the California Labor Commissioner on May 10, 2018. Zimmerman sought unpaid wages, overtime wages, liquidated damages, interest, and waiting time penalties pursuant to Labor Code section 203. Zimmerman worked for Rothman as a paralegal from February 26, 2015 to June 4, 2015...
2020.06.30 Demurrer 526
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2020.06.30
Excerpt: ...estment Management, Inc., a corporation; LEGACY PARTNERS, INC., a corporation; KIMBALL, TIREY & ST. JOHN LLP, a limited liability partnership; and DOES 1 through 50, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO: 19STCV40526 [TENTATIVE] ORDER RE: PLAINTIFF'S DEMURRER TO DEFENDANT LASALLE'S AMENDED ANSWER TO PLAINTIFF'S COMPLAINT Dept. U 8:30 a.m. June 30, 2020 I. BACKGROUND On November 12, 2019, Shelly Hart (Plaintiff...
2020.06.22 Motion to Compel Production of Cellular Phone Records 178
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2020.06.22
Excerpt: ...UCE CELLULAR PHONE RECORDS Dept. U 8:30 a.m. June 22, 2020 I. BACKGROUND On November 13, 2018, Wawanesa General Insurance Company (Plaintiff) filed a complaint requesting declaratory relief against Shadrach Dargbe (Dargbe), Seda Vardanyan (Vardanyan), Hracyha Khachatryan (Khachatryan) (collectively, Defendants), and Does 1-10. After being granted leave to file an amended complaint, Plaintiff added claims for fraud, negligent misrepresentation, an...
2019.9.30 Motion for Summary Judgment 410
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.30
Excerpt: ...ch Plaintiff Entell fell off a sidewalk on June 30, 2017. On July 12, 2019, Defendants Javier Deleon and Lucina Deleon filed a motion for summary judgement pursuant to California Code of Civil Procedure section 437c. Trial is set for October 30, 2019. PARTY'S REQUESTS Defendants Javier Deleon and Lucina Deleon (“Moving Defendants”) ask the Court to grant summary judgment in their favor and against Plaintiff on the ground that Moving Defendant...
2019.9.30 Motion for Leave to File Amended Complaint 638
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.30
Excerpt: ...rred on April 23, 2017. On September 21, 2018, Defendants/Cross- Complainants Martik Bedrosianhajlabadi and Harmik Bedrosianhajlabadi filed a cross-complaint against Defendant/Cross-Defendant Theera Bunsiripaiboon seeking contribution and indemnification. On March 29, 2019, Plaintiff filed a first amended complaint naming Defendant Myers & Sons Construction, LP as a defendant. On July 8, 2019, Defendant/Cross-Complainant Myers & Sons Construction...
2019.9.30 Demurrer 771
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.30
Excerpt: ...endant Ontario Nissan, Inc. d.b.a. Metro Nissan of Montclair and allege facts pertaining to that defendant. On August 15, 2019, Defendant Ontario Nissan, Inc. d.b.a. Metro Nissan of Montclair filed a demurrer to the FAC pursuant to California Code of Civil Procedure section 430.10. Trial is set for February 21, 2020. PARTY'S REQUEST Defendant Ontario Nissan, Inc. d.b.a. Metro Nissan of Montclair (“Demurring Defendant”) asks the Court to susta...
2019.9.30 Demurrer 078
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.30
Excerpt: ...ant/Cross-Complainant City of Commerce filed a cross- complaint against Defendant/Cross-Defendant Pacific Bell Telephone Company dba AT&T California seeking apportionment of fault and indemnification. On June 25, 2019, Defendant/Cross-Defendant/Cross-Complainant Pacific Bell Telephone Company dba AT&T California filed a cross-complaint against Defendant/Cross- Complainant/Cross-Defendant City of Commerce seeking equitable indemnification, equitab...
2019.9.30 Motion to Compel Physical Exam 918
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.30
Excerpt: ...sical examination due to Plaintiff's failure to appear at a prior noticed physical examination. Trial is set for May 26, 2020. PARTY'S REQUESTS Defendant requests the Court to compel Plaintiff to submit to independent medical evaluations with Dr. Steven Nagelberg and Dr. Thomas Hanscom. Defendant also requests the Court to impose $4,005 in monetary sanctions against Plaintiff and her counsel of record for their abuse of the discovery process. LEG...
2019.9.30 Motion to Set Expert Deposition Fees 853
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.30
Excerpt: ..., Defendants filed a motion to set expert deposition fees pursuant to California Code of Civil Procedure section 2034.430. Trial is set for January 6, 2020. PARTIES' REQUEST Defendants ask the Court to set the fees for deposing Kasra Rowshan, M.D. to $1,100 an hour. LEGAL STANDARD “A party desiring to depose an expert witness described in subdivision (a) shall pay the expert's reasonable and customary hourly or daily fee for any time spent at t...
2019.9.27 Demurrer 756
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.27
Excerpt: ...Antwerp. The complaint alleges violations of Government Code sections 815.2, subdivision (a), and 815.6, as well as negligence and negligent infliction of emotional distress for injuries caused by a disabled adult between February 2018 and July 27, 2018. On August 16, 2019, Defendant County of Los Angeles filed a demurrer to the complaint pursuant to California Code of Civil Procedure section 430.10. Trial is set for December 3, 2020. PARTY'S REQ...
2019.9.27 Motion to Bifurcate 463
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.27
Excerpt: ...remises liability for a slip-and-fall that occurred on March 29, 2016. On July 31, 2019, Defendant filed a motion to bifurcate pursuant to California Code of Civil Procedure sections 128, 597, and 1048. Trial is set for September 27, 2019. PARTY'S REQUEST Defendant requests that the Court bifurcate its statute of limitations defense to be litigated separately before the remaining issues in this action. LEGAL STANDARD California Code of Civil Proc...
2019.9.27 Motion to Compel Responses, to Deem Matters in Request for Admissions, to Compel Deposition 884
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.27
Excerpt: ...led a complaint against Defendants Providence Health System-Southern California d.b.a. Providence Tarzana Medical Center and Maogong Shao, M.D. alleging medical negligence and loss of consortium for deficient medical care. On September 4, 2019, Defendant Maogong Shao, M.D. filed motions to compel Plaintiffs' responses to Form Interrogatories, Special Interrogatories, and Request for Production (All Set One) pursuant to California Code of Civil Pr...
2019.9.26 Motion to Reclassify 842
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.26
Excerpt: ...0, 2019. On July 23, 2019, Defendants filed a motion to reclassify this action from an unlimited jurisdiction matter to a limited jurisdiction case pursuant to California Code of Civil Procedure section 403.040. Trial is set for January 19, 2021. PARTY'S REQUEST Defendants ask the Court to reclassify this action as a limited jurisdiction matter because Plaintiffs do not have property or medical damages. LEGAL STANDARD Actions in which the amount ...
2019.9.26 Motion to Compel Further Responses 746
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.26
Excerpt: ...Inspection and Production of Documents, Set Six, on Plaintiff, seeking any audiotapes, transcription and other documents and things recording the defense medical examination scheduled for March 1, 2019. On March 1, 2019, Plaintiff appeared for a defense medical examination conducted by orthopedic surgeon, Mark J. Spoonamore, M.D. Plaintiff's attorney sent a medical observer to be present at the examination. Pursuant to the instructions of Plainti...
2019.9.26 Motion for Summary Judgment 523
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.26
Excerpt: ...complaint alleges medical malpractice and direct victim and bystander claims for deficient treatment in delivering a baby on July 27, 2014. On September 11, 2018, Plaintiffs Koli Choudhury and Samir Sultan filed a first amended complaint (“FAC”) against Defendants Kathryn Iwata, M.D., Verdugo Hills Hospital, USC Verdugo Hills Hospital, USC Verdugo Hills Hospital Foundation, USC Verdugo Hills Hospital Keck Medicine of USC, Keck Medicine of USC...
2019.9.26 Demurrer, Motion to Strike 516
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.26
Excerpt: ... 118 freeway on December 22, 2017. On July 8, 2019, Plaintiff filed a first amended complaint (“FAC”) against Defendant alleging premises liability for falling through a grate covering a drainage hole on the shoulder of the 118 freeway on December 22, 2017. On August 15, 2019, Defendant filed a demurrer to the FAC pursuant to California Code of Civil Procedure section 430.10 and motion to strike to portions of the FAC pursuant to California C...
2019.9.26 Demurrer 332
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.26
Excerpt: ...ndant harassing Plaintiff on one of Defendant's buses on June 11, 2018. On August 20, 2019, Defendant filed a demurrer to the complaint pursuant to California Code of Civil Procedure section 430.10. Trial is set for November 6, 2020. PARTY'S REQUESTS Defendant asks the Court to sustain its demurrer on the grounds that the complaint fails to state the Doe Defendant caused harm to Plaintiff and that Defendant has admitted the bus driver was working...
2019.9.26 Pitchess Motion 589
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.26
Excerpt: ...ervention City of Los Angeles filed a complaint-in- intervention for subrogation of workers' compensation benefits paid to Plaintiff Fadi Chelico, a City of Los Angeles police officer, alleging negligence against Defendants Romeo Systems, Inc., Douglas Donovan, and Nicole Rael. On August 29, 2019, Defendant Romeo Systems, Inc. filed a Pitchess motion seeking documents from Los Angeles Police Department that, according to Plaintiff-in-Intervention...
2019.9.25 Motion to Compel Responses, to Deem Matters in Request for Admissions as True 032
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.25
Excerpt: ...iniy Glusker alleging negligence, negligence per se, and negligent entrustment for a vehicle collision that occurred on June 16, 2016. <0052005000530048004f00 005100570003002a004f[usker to provide verified responses without objections to Form Interrogatories, Special Interrogatories, and Request for Production (All Set One) and a motion to deem the matters in Requests for Admission (Set One) to be true against Defendant Glusker. These motions wer...
2019.9.25 Motion to Set Aside Dismissal 599
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.25
Excerpt: ...ed on February 13, 2016. On January 25, 2018, Plaintiff filed a first amended complaint to specify where the slip- and-fall occurred. On December 13, 2018, the Court dismissed this case with prejudice because Plaintiff disobeyed an August 16, 2018 Court order requiring Plaintiff to serve updated verified responses to Defendant's written discovery within 20 days of the hearing. On June 13, 2019, Plaintiff filed a motion to set aside the December 1...
2019.9.25 Motion to Compel Deposition and Reopen Discovery 121
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.25
Excerpt: ...nt as to Defendant Matthew Dalany. On May 14, 2019, Plaintiff filed a motion to compel Defendant Carmen Dalany's answers and production of documents at a deposition and a motion to reopen discovery pursuant to California Code of Civil Procedure sections 2024.050 and 2025.480. Trial is set for October 29, 2019. PARTIES' REQUESTS Plaintiff asks the Court to compel Defendant Carmen Dalany (“Defendant”) to provide answers in a subsequent depositi...
2019.9.25 Motion to Change Venue 660
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.25
Excerpt: ... Marie Yvette Garcia filed a first amended complaint renaming Defendant Regency Theaters, Inc. as Golin Theatres, Inc. On June 4, 2019, Defendant/Cross-Complainant Golin Theaters, Inc. filed a cross- complaint against Cross-Defendant Secure Net Protection, Inc. seeking indemnity, apportionment, and declaratory relief. On June 6, 2019, Plaintiff Marie Yvette Garcia amended her first amended complaint to name Doe 1 as Cross-Defendant/Defendant Secu...
2019.9.25 Motion for Summary Judgment, Adjudication 093
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.25
Excerpt: ... On July 12, 2019, Defendant filed a motion for summary judgment, or in the alternative, summary adjudication pursuant to California Code of Civil Procedure section 437c. On August 5, 2019, Plaintiff filed an amendment to her complaint naming Defendant Planned Parenthood of Los Angeles as Doe 1. On September 16, 2019, Plaintiff filed an amendment to her complaint naming Defendant Broadway Main Associates, LLC as Doe 2. Trial is set for November 2...
2019.9.25 Motion for Summary Judgment 645
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.25
Excerpt: ...k Laaly, D.D.S. as Doe 1 and Doe 51. On July 11, 2019, Defendant Frank Laaly, D.D.S. filed a motion for summary judgment pursuant to California Code of Civil Procedure section 437c. Trial is set for December 2, 2019. PARTY'S REQUEST Defendant Frank Laaly, D.D.S. (“Moving Defendant”) asks the Court to enter summary judgment against Plaintiff based on the expiration of the limitations periord for medical malpractice claims. LEGAL STANDARD The p...
2019.9.23 Motion to Compel Responses 183
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.23
Excerpt: ...or vehicle and general negligence for an automobile collision that occurred on February 21, 2017. On August 22, 2019, Defendant filed motions to compel Plaintiff to provide verified responses without objections to Form Interrogatories, Special Interrogatories, and Request for Production (All Set One) pursuant to California Code of Civil Procedure sections 2030.290, subdivision (b), and 2031.300, subdivision (b). Also on August 22, 2019, Defendant...
2019.9.23 Motion for Leave to File Complaint 042
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.23
Excerpt: ....A., Inc. filed a complaint-in-intervention against Defendant Abraham Barishman asserting negligence per se, negligence, and product liability for the injuries of Plaintiff-in-Intervention Home Depot, U.S.A., Inc.'s employee, Plaintiff John Hoffman, that give rise to the initial complaint in this action. On March 13, 2019, Defendant/Cross-Complainant Abraham Barishman filed a cross- complaint against Plaintiff-in-Intervention/Cross-Defendant Home...
2019.9.20 Motion for Leave to File Complaint 635
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.20
Excerpt: ...basas Country Club, and Sunbelt Rentals. The complaint alleges strict products liability, negligence, failure to recall/retrofit, and premises liability for the rolling of a Genie S-85 telescopic boom causing fatal injuries to decedent Jamie Rubio on August 31, 2017. <004c004a004b0057001000 0056000f0003002f002f>C d.b.a. Calabasas Country Club filed a cross-complaint against Roes 1-100 seeking indemnity, contribution, and apportionment of fault. O...
2019.9.20 Motion to Compel Arbitration 959
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.20
Excerpt: ...pel arbitration pursuant to California Code of Civil Procedure section 1281.2. Trial is set for November 19, 2020. PARTIES' REQUESTS Defendant asks the Court to select an arbitrator. LEGAL STANDARD California Code of Civil Procedure section 1281.2, permits a party to file a petition to request that the Court order the parties to arbitrate a controversy. Under section 1281.2, a party is permitted to file a motion to request that the Court order th...
2019.9.19 Motion to Compel Arbitration 674
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.19
Excerpt: ...7. On December 14, 2018, Plaintiff filed a first amended complaint against Defendants CG Roxane, LLC (erroneously sued and served as Crystal Geyser Water Company), CG Roxane LLC, and Superior Transport Ltd. alleging additional facts. On April 3, 2019, Defendant/Cross-Complainant CG Roxane, LLC (erroneously sued and served as Crystal Geyser Water Company) filed a cross-complaint against Plaintiff/Cross- Complainant Juan Manuel Gutierrez and Cross-...
2019.9.19 Motion to Compel Mental Exam, Physical Exams 312
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.19
Excerpt: ...o conduct three medical examinations of Plaintiff pursuant to California Code of Civil Procedure section 2032.310. Trial is set for December 9, 2019. PARTY'S REQUESTS Defendant asks the Court to compel Plaintiff to submit to a mental examination by a neuropsychologist, a physical examination by an orthopedic surgeon, and a physical examination by an neurologist. LEGAL STANDARD California Code of Civil Procedure section 2032.220, subdivision (a) s...
2019.9.19 Motion to Deem Matters in Request for Admissions as True 128
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.19
Excerpt: ...uary 22, 2016. On August 16, 2018, Defendants/Cross-Complainants Ernesto Feliciano Villar, United Med Transportation, and United Med Transportation Inc. filed a cross-complaint against Roes 1- 20 seeking indemnity, contribution, and declaratory relief. On September 5, 2018. Defendant-in-Intervention Atlas Financial Holdings, Inc. filed a cross-complaint on the behalf of Defendant Ernesto Villar against Roes 1-20 seeking indemnity, contribution, a...
2019.9.19 Motion for Summary Judgment, Adjudication 644
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.19
Excerpt: ...ff monkey bars on October 6, 2017. On July 5, 2019, Defendant filed a motion for summary judgment or, in the alternative, summary adjudication pursuant to California Code of Civil Procedure section 437c. Trial is set for October 23, 2019. PARTY'S REQUEST Defendant asks the Court to grant summary judgment, or in the alternative, summary adjudication against Plaintiff on the grounds that: (1) the primary assumption of risk doctrine applies, (2) the...
2019.9.18 Motion for Summary Judgment 625
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.18
Excerpt: ...the premises of 4111 Via Marina in Marina Del Rey, California. <000300270048004f000300 00480048000f0003[ LLC (“Oakwood”) filed a cross-complaint against Roes 1-20 seeking indemnity, apportionment of fault, and declaratory relief. On April 2, 2018, Plaintiff amended her complaint to name Defendant EQR-4111 South Via Marina LP as Doe 1, Archstone Master Holdings LLC as Doe 2, EQR-4111 South Via Marina LP as Doe 3, and EQR-4111 South Via Marina ...
2019.9.18 Motion to Compel Responses, to Deem Matters in Request for Admissions 970
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.18
Excerpt: ...d warranty of habitability, breach of covenant of quiet use and enjoyment, negligence, premises liability, violation of California Civil Code section 1942.4, nuisance, negligent failure to provide habitable premises, violation of Business & <0003005200490003002f00 00480056000300300058[nicipal Code section 151.00, et seq. The complaint arises from aPlaintiff living in a vermin and cockroach infested apartment for four years. On May 30, 2019, Plain...
2019.9.18 Motion to Contest Good Faith Settlement 052
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.18
Excerpt: ...s-Complainants Tommer Benham and Asher Haim filed a cross-complaint against Defendant/Cross-Defendant Jeremy Scott Bell seeking apportionment and indemnification. On February 7, 2019, the Court dismissed Defendant Jeremy Scott Bell. On August 5, 2019, Defendant/Cross-Defendant Jeremy Scott Bell filed a notice and application for a determination of good faith settlement. On August 21, 2019, Defendant/Cross-Defendants Tommer Benham and Asher Haim f...
2019.9.18 Demurrer, Motion to Strike 062
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.18
Excerpt: ...on of emotional distress. Plaintiff alleges that she was insulted and then accosted by her Lyft driver. On July 5, 2019, Plaintiff filed a first amended complaint (“FAC”) against Defendant alleging (1) assault, (2) battery, (3) negligence, (4) vicarious liability, (5) negligent hiring, training, and supervision, and (6) intentional infliction of emotional distress. On August 19, 2019, Defendant filed a demurrer pursuant to California Code of ...
2019.9.18 Demurrer 781
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.18
Excerpt: ...ed a cross- complaint against Defendant/Cross-Defendant City of Burbank alleging seeking indemnity and contribution. On July 17, 2019, Plaintiff filed a first amended complaint (“FAC”) alleging additional facts and a violation of Burbank Municipal Code section 7-3-501. On August 13, 2019, Defendant/Cross-Defendant City of Burbank filed a demurrer to Defendant/Cross-Complainant NBN Cedar LLC's cross-complaint pursuant to California Code of Civ...
2019.9.17 Motion to Set Aside Default 145
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.17
Excerpt: ...dition of public property under Government Code sections 830 and 835, et seq., for a trip-and-fall that occurred on October 20, 2017. On February 15, 2019, the Court dismissed the complaint as to Defendant City of Los Angeles without prejudice. On July 24, 2019, the Court entered default against Defendants Duc Lam, Hua Wu, and Lien Cam Lam. <0058000f00030044005100 004400500003002f0044[m filed a motion to set aside the July 24, 2019 entry of defau...
2019.9.17 Motion to Quash Subpoena 568
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.17
Excerpt: ...es Paramore as Doe 1. On July 9, 2019, the Court consolidated case number 19STCV08568 with case number BC683857 for purposes of trial only. On August 13, 2019, Plaintiff filed a motion to quash deposition subpoenas Defendant Bristol Farms had issued to medical providers pursuant to California Code of Civil Procedure section 1987.1. Trial is set for September 8, 2020. PARTY'S REQUESTS Plaintiff asks that the Court quash Defendant Bristol Farms' de...
2019.9.17 Motion to Compel Responses 067
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.17
Excerpt: ...“Defendants”). The complaint alleges negligent super vision, negligent entrustment, and loss of consortium for an automobile collision that occurred on July 7, 2013. On November 10, 2016, Plaintiffs filed an amendment to the complaint naming Defendant Poseidon Trucking as Doe 1. On February 19, 2019, Defendant-in-Intervention Global Hawk Insurance Company (RRG) filed an answer on behalf of Defendant Poseidon Trucking Corp. (erroneously sued a...
2019.9.16 Motion to Quash Subpoenas 530
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.16
Excerpt: ...wo motions to quash deposition subpoenas pursuant to California Code of Civil Procedure section 1987.1. Trial is set for July 15, 2020. PARTY'S REQUESTS Plaintiff asks the Court to quash two deposition subpoenas Defendants issued to Plaintiff's employer and medical provider for being overbroad, seeking irrelevant information, and invading Plaintiff's right to privacy. Plaintiff also asks the Court to issue $2,920 against Defendants for bringing t...
2019.9.16 Motion to Quash Subpoena 211
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.16
Excerpt: ... Plaintiff ample opportunity to address the merits of the opposition. Thus, the Court considers all of these papers in ruling on this motion. BACKGROUND On October 3, 2018, Plaintiffs Ramon Sanchez (“Plaintiff”) filed a complaint against Defendants United Pumping Service, Inc., United Storm Water, Inc., and Eduardo Perry III (“Defendants”) alleging motor vehicle negligence, general negligence, and negligence per se for an automobile colli...
2019.9.16 Motion for Summary Judgment 519
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.16
Excerpt: ...a Property Management, LLC as Doe 1. On December 4, 2018, Defendant/Cross-Complainant Alvarenga Property Management, LLC filed a cross-complaint against Roes 1-50 seeking equitable indemnity, apportionment, and declaratory relief, as well as alleging comparative negligence. On March 27, 2019, Defendant/Cross-Complainant Alvarenga Property Management, LLC filed a motion for summary judgement pursuant to California Code of Civil Procedure section 4...
2019.9.13 Motion for Terminating Sanctions 650
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.13
Excerpt: ...igent maintenance and supervision on March 8, 2016. On January 19, 2018, the Court dismissed Defendant County of Los Angeles without prejudice. On March 15, 2019, Plaintiff filed a first amendment complaint to allege additional facts. On July 18, 2019, Defendant Bellflower Unified School District filed a motion for terminating sanctions against Plaintiff pursuant to California Code of Civil Procedure section 2023.030. Trial is set for March 13, 2...
2019.9.13 Pitchess Motion 181
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.13
Excerpt: ...from Plaintiff that, according to Plaintiff, are protected by Penal Code section 832.7. Trial is set for March 11, 2020. PARTY'S REQUEST Defendant Martha E. Rivas (“Moving Defendant”) asks the Court to compel the City of Bell Gardens Police Department to release certain personnel records pertaining to Plaintiff. LEGAL STANDARD There is a special two-step procedure for securing disclosure of peace officer personnel records. (Warrick v. Superio...
2019.9.13 Motion to Tax Costs 436
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.13
Excerpt: ...ss-complaint against Plaintiff for express indemnification and declaratory relief. On April 22, 2019, the Court granted Defendant's motion for summary judgment. On May 7, 2019, Plaintiff filed a motion for reconsideration. On June 4, 2019, the Court entered judgment against Plaintiff. The Court ordered that Plaintiff shall take nothing from Defendant, and Defendant shall recover costs from Plaintiff. On June 20, 2019, Defendant filed a memorandum...
2019.9.13 Motion for Summary Judgment 187
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.13
Excerpt: ...t City of Pasadena alleging additional facts and violations of Government Code sections 835 and 835.2. On May 21, 2018, Defendant/Cross-Complainant City of Pasadena filed a cross- complaint against Roes 1-50 seeking equitable indemnity, implied indemnity, declaratory relief, and contribution. On June 12, 2018, Defendant/Cross-Complainant City of Pasadena filed amendments to its cross-complaint to name Cross-Defendant Kenter Investments, L.P. as R...
2019.9.12 Demurrer 024
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.12
Excerpt: ... filed a demurrer pursuant to California Code of Civil Procedure section 430.10 and motion to strike pursuant to California Code of Civil Procedure section 435. Trial is set for October 13, 2020. REQUEST FOR RELIEF Defendant demurs to both causes of action in the FAC on the ground that plaintiff has failed to plead facts sufficient to support claims for negligence and negligent entrustment. Defendant also asks that the Court issue an order striki...
2019.9.12 Motion to Submit Tardy Expert Witness Information 762
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.12
Excerpt: ...the parties' stipulation, the trial was continued from August 21, 2019 to January 21, 2020. On August 13, 2019, Plaintiff filed the instant motion for order to submit tardy expert witness information. Defendant filed opposition papers on August 23, 2019. PARTY'S REQUESTS Plaintiff seeks a court order allowing Plaintiff to submit tardy expert witness information based on the January 21, 2020 trial date. LEGAL STANDARD Any party may demand a mutual...
2019.9.12 Motion for Summary Judgment 334
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.12
Excerpt: ...ded Complaint (“FAC”) including causes of action for general negligence and premises liability. On January 10, 2019, Defendant filed a motion for summary judgment. On March 13, 2019, the hearing was continued to September 12, 2019. This motion was brought on the grounds that there are no triable issues of material fact as to Defendant's liability because Plaintiff signed an exculpatory clause. Trial is set for November 12, 2019. LEGAL STANDAR...
2019.9.12 Demurrer, Motion to Strike 086
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.12
Excerpt: .... Eichler, and Mary E. Eichler alleging causes of action for “Premises Liability/Violation of Government Code” and “General Negligence/Violation of Government Code.” PARTY'S REQUEST Defendant City of Los Angeles requests that the Court sustain its demurrer to Plaintiff's Second Cause of Action for “General Negligence/Violation of Government Code” on grounds that the cause of action is barred as a matter of law. Defendant also moves fo...
2019.9.11 Motion to Compel Deposition 529
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.11
Excerpt: ...[, 2017. On July 25, 2019, Defendants filed a motion to compel the attendance and testimony of Plaintiffs Levin <0051004700030027004400 004c0057004800030044[t depositions pursuant to California Code of Civil Procedure section 2025.450, subdivision (a). Trial is set for March 2, 2020. PARTIES' REQUESTS Defendants ask the Court to compel Plaintiffs Levin <0051004700030027004400 004c0057004800030057[o appear and testify at depositions within 15 days...
2019.9.11 Motion to Quash Subpoenas 967
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.11
Excerpt: ...gainst Plaintiff/Cross-Defendant Jeffrey Thomas alleging assault, battery, intentional infliction of emotional distress, negligent infliction of emotional distress, and negligence for an altercation that occurred on July 30, 2017. On August 1, 2019, Plaintiff/Cross-Defendant Jeffrey Thomas filed three motions to quash deposition subpoenas pursuant to California Code of Civil Procedure section 1987.1. Trial is set for January 21, 2020. PARTY'S REQ...
2019.9.11 Motion to Stay Proceedings 672
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.11
Excerpt: ...s liability and negligence arising from a flood that occurred on August 3, 2014. On December 8, 2017, Plaintiffs amended their complaint to name Defendant Mt. Baldy Homeowners Association as a defendant and allege violations of Government Code sections 835, 815.2, and 820(a), as well as violations of Civil Code sections 3479 and 3480. On May 16, 2019, Defendant/Cross-Complainant County of Los Angeles filed a cross- <0057001100030025004400 0052005...
2019.9.10 Demurrer 529
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.10
Excerpt: ...-Complainant Rita Seiden, LCSW, Ph.D. filed a cross-complaint against Cross-Defendant Oscar Health Plan of California alleging fraud- intentional misrepresentation, fraud-negligent misrepresentation, equitable indemnity, apportionment, and contribution. On August 5, 2019, Cross-Defendant Oscar Health Plan of California filed a demurrer pursuant to California Code of Civil Procedure section 431.10. Trial is set for August 10, 2020. PARTY'S REQUEST...
2019.9.10 Demurrer, Motion to Strike 644
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.10
Excerpt: ...ion to an automobile collision that occurred on April 21, 2017. On July 31, 2019, Defendants filed a demurrer pursuant to California Code of Civil Procedure section 431.10 and a motion to strike pursuant to California Code of Civil Procedure section 435. Trial is set for September 14, 2020. PARTIES' REQUESTS Defendants ask the Court to sustain the demurrer to Plaintiff's cause of action for intentional tort (driving while under influence of alcoh...
2019.9.10 Motion to Bifurcate 463
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.10
Excerpt: .... On July 31, 2019, Defendant filed a motion seeking bifurcation of its statute of limitations defense from issues of liability and damages, pursuant to Code of Civil Procedure sections 597 and 597.5. Plaintiff filed no opposition to the motion. The case is set for trial on September 27, 2019. PARTY'S REQUEST Invoking Code of Civil Procedure sections 597 and 597.5, Defendant asks the Court to <0110019a015d017d017600 0003019a015d0175011eLly filed ...
2019.9.10 Motion to Continue Trial 468
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.10
Excerpt: ...019, Plaintiff filed a motion to continue trial and related dates pursuant to California Rules of Court, rule 3.1332. Trial is set for September 27, 2019. PARTY'S REQUESTS Plaintiff requests that the Court continue trial and related dates to dates for 180 days because Plaintiff needs to complete depositions. LEGAL STANDARD Pursuant to California Rules of Court, rule 3.1332, subdivision (a), “[t]o ensure the prompt disposition of civil cases, th...
2019.9.10 Motion to Reopen Discovery 264
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.10
Excerpt: ...ion to re-open discovery and related motion cut-off dates pursuant to California Code of Civil Procedure section 2024.050. Trial is set for October 21, 2019. PARTIES' REQUESTS Defendant asks the Court for an order reopening discovery to take Plaintiff's deposition, meet and confer on allegedly deficient discovery responses and file any necessary motions to compel. Plaintiff asks the Court to impose $4,015 in monetary sanctions against Defendant a...
2019.9.10 Pitchess Motion 802
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.10
Excerpt: ...itchess motion seeking documents from Plaintiff that, according to Plaintiff, are protected by Penal Code section 832.7. Trial is set for April 21, 2020. PARTY'S REQUEST Defendant asks the Court to compel Plaintiff to respond to Defendant's Request for Production (Set Two) seeking Kevin Goran's medical and employment records. LEGAL STANDARD There is a special two-step procedure for securing disclosure of peace officer personnel records. (Warrick ...
2019.9.9 Motion to Strike 625
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.9
Excerpt: ..., 2019, Defendant filed a motion to strike punitive damages pursuant to California Code of Civil Procedure section 435. Trial is set for December 28, 2020. PARTY'S REQUEST Defendant asks this Court for an order striking punitive damages from the FAC pursuant to California Code of Civil Procedure sections 435 and 436 and Civil Code section 3294. LEGAL STANDARD Any party, within the time allowed to respond to a pleading may serve and file a notice ...
2019.9.9 Motion to Compel Deposition 925
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.9
Excerpt: ...t pursuant to California Code of Civil Procedure section 2025.450. Trial is set for May 13, 2020. PARTY'S REQUESTS Plaintiff asks the Court to compel Defendant to appear and testify at a deposition on September 9, 2019 based on his failure to appear at two prior depositions. Plaintiff also asks the Court to impose $3,435 in monetary sanctions against Defendant and his counsel of record to cover the expenses in bringing this motion. LEGAL STANDARD...
2019.9.9 Demurrer 148
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.9
Excerpt: ...f 2017. On August 7, 2019, Defendant filed a demurrer pursuant to California Code of Civil Procedure section 431.10. Trial is set for December 15, 2020. PARTY'S REQUEST Defendant asks the Court to sustain the demurrer to Plaintiff's complaint because the breach of a fiduciary duty cause of action is duplicative of the negligence cause of action and insufficient facts have been pled to state causes of action for battery and fraud/intentional misre...
2019.9.9 Motion for Determination of Good Faith Settlement 715
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.9
Excerpt: ...-fall that occurred on August 5, 2015. On December 2, 2019, the Court dismissed Defendants State of California and County of Los Angeles without prejudice. On June 5, 2018, the Court rendered judgment in favor of Defendants Nadar Hattar and Dema Hattar individually, and as trustees of the Hattar Family Trust against Plaintiff. On June 27, 2018, Defendant/Cross-Defendant City of Los Angeles filed a cross- complaint against Cross-Defendant Northrid...
2019.9.9 Motion for Summary Judgment, Adjudication 128
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.9
Excerpt: ...negligent hiring, training, and/or retention in relation to an altercation that occurred on September 1, 2015. On November 15, 2018, Defendant Square G, Inc. d.b.a. Chatterbox filed a motion for summary judgment, or in the alternative, summary adjudication pursuant to California Code of Civil Procedure section 437c. On January 24, 2019, the Court continued the hearing on the instant motion to July 17, 2019. On May 16, 2019, the Court continued th...
2019.9.9 Motion for Terminating Sanctions 165
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.9
Excerpt: ...without objection, to requests for production numbers 45 to 48 and 50 to 79 in Defendant's Demand for Production (Set Two). On July 31, 2019, Defendant filed a motion for terminating sanctions against Plaintiff pursuant to California Code of Civil Procedure section 2023.030. Trial is set for November, 12, 2020. PARTY'S REQUEST Defendant requests that the Court impose terminating sanctions against Plaintiff for his failure to comply with a May 20,...
2019.9.6 Demurrer 080
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.6
Excerpt: ...fendant/Cross-Complainant Southern California Environmental, Inc. filed a cross-complaint against Cross-Defendant Maxi Serve Restoration and Construction for equitable indemnity, express indemnity, breach of contract, contribution, and declaratory relief. On June 28, 2019, Cross-Defendant Maxi Serve Restoration and Construction filed a demurrer to the cross-complaint on the grounds that it failed to state sufficient facts to constitute a cause of...
2019.9.6 Motion to Quash Subpoenas 070
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.6
Excerpt: ... liability for a slip-and-fall and a punch press machine severing two of Plaintiff's fingers on April 13, 2018. On October 18, 2018, Defendant/Cross-Complainant Moneco Machine Company, Inc. filed a cross-complaint against Defendant/Cross-Defendant Advanced Molded Product, Inc. seeking equitable indemnity, contribution, and declaratory relief. On October 26, 2018, the Court dismissed the products liability cause of action based on strict liability...
2019.9.6 Motion to Reclassify 376
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.6
Excerpt: ... of a metro train seat on June 8, 2016. On January 12, 2018, Plaintiff filed a first amended complaint. On August 6, 2019, Defendant filed a motion to reclassify this action from an unlimited jurisdiction matter to a limited jurisdiction action pursuant to California Code of Civil Procedure section 403.040. Trial is set for October 24, 2019. PARTY'S REQUEST Defendant asks the Court for an order reclassifying this action as a limited jurisdiction ...
2019.9.6 Motion to Reopen Discovery, to Compel Responses 184
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.6
Excerpt: ... property, and public employee liability for wrongful acts or omissions based on a trip and fall on a sidewalk on December 11, 2014. On November 7, 2016, Plaintiff filed an amendment designating Ned Pan, Inc. as Doe 1. On October 5, 2017, Plaintiff filed an amendment designating Hollywood Historic Trust as Doe 2. On July 23, 2019, the Court dismissed Defendant City of Los Angeles with prejudice. <004f004800470003004400 00570052000300550048[-open ...
2019.9.6 Motion for Summary Judgment 717
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.6
Excerpt: ...for deficient care administered to Decedent Kenneth Schmidt (“Decedent”). On June 18, 2019, Defendant Dignity Health d.b.a. Northridge Hospital Medical Center filed a motion for summary judgment pursuant to California Code of Civil Procedure section 437c. Trial is set for December 18, 2019. PARTY'S REQUEST Defendant Dignity Health d.b.a. Northridge Hospital Medical Center (“Moving Defendant”) asks the Court to enter summary judgment again...
2019.9.5 Demurrer 283
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.5
Excerpt: ...ce and medical battery for a deficient surgical repair of Plaintiff's right leg on March 17, 2018. On June 20, 2019, Plaintiff filed a first amended complaint (“FAC”) to allege additional facts. On July 19, 2019, Defendant Alon Antebi, D.O (erroneously sued ad served as Alon Antebi, M.D.) filed a demurrer pursuant to California Code of Civil Procedure section 431.10. Trial is set for September 14, 2020. PARTY'S REQUEST Defendant Alon Antebi, ...
2019.9.5 Demurrer 838
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.5
Excerpt: ... July 28, 2017 automobile collision. On July 22, 2019, Plaintiff filed an amendment to the complaint naming Defendant Enterprise Rent-A-Car Company of Los Angeles, LLC as Doe 1. On July 30, 2019, the Court dismissed Defendants EAN Holdings, LLC and Enterprise Leasing Company without prejudice. On August 8, 2019, Defendant Enterprise Rent-A-Car Company of Los Angeles, LLC filed a demurrer to the complaint pursuant to California Code of Civil Proce...
2019.9.5 Motion to Strike 999
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.5
Excerpt: ...9, Defendant filed a motion to strike punitive damages pursuant to California Code of Civil Procedure section 435. Trial is set for September 10, 2020. PARTY'S REQUEST Defendant asks this Court for an order striking punitive damages from the FAC pursuant to California Code of Civil Procedure sections 435 and 436 and Civil Code section 3294. LEGAL STANDARD Any party, within the time allowed to respond to a pleading may serve and file a notice of m...
2019.9.5 Motion to Stay Civil Action 043
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.5
Excerpt: ... Defendant/Cross-Complainant Paul Victor Molles filed a cross- complaint against Plaintiff/Cross-Defendant Cristian Garcia Wieczorek. On May 16, 2019, Plaintiffs filed a first amended complaint. <0003003300440058004f00 00300052004f004f0048[s filed a motion to stay this civil action, or alternatively, for a protective order pursuant to Code of Civil Procedure section 128(a)(5). Trial is set for September 18, 2020. PARTY'S REQUEST Defendant/Cross-C...
2019.9.5 Motion to Compel Responses, to Deem Matters in Request for Admissions as True 822
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.5
Excerpt: ...alleging motor vehicle and general negligence for an <0003001500130014001a00 110003[ On August 8, 2019, Plaintiff filed motions to compel Defendant to provide verified responses without objections to Form Interrogatories, Special Interrogatories, and Request for Production (All Set One) and a motion to deem the matters in Requests for Admission (Set One) as true against Defendant. These motions were filed pursuant to California Code of Civil <001...
2019.9.4 Motion for Terminating Sanctions 542
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.4
Excerpt: ...r vehicle negligence based on an incident that occurred on May 19, 2015, when plaintiff was a passenger on a LACMTA bus. On April 9, 2019, the Court granted Defendants motion to compel Plaintiff's responses to Form Interrogatories, Special Interrogatories, and Request for Production (All Set One). On July 25, 2019, Defendants filed a motion for terminating sanctions against Plaintiff pursuant to California Code of Civil Procedure section 2023.030...
2019.9.4 Motion to Confirm an Arbitration Award 919
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.4
Excerpt: ...ration award pursuant to California Code of Civil Procedure section 1285. Trial is set for December 28, 2020. PARTIES' REQUESTS Plaintiff asks the Court to: (1) confirm an arbitration award entered against Defendant in the amount of $4,573. Plaintiff also asks the Court to order Defendant to pay Plaintiff: (1) the unpaid balance of the arbitration award in the amount of $4,573, (2) incurred costs, (3) interest at a rate of 7%, and (4) attorney's ...
2019.9.4 Motion to Compel Responses 893
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.4
Excerpt: ...on December 10, 2016. On May 31, 2019, Defendant filed motions to compel Plaintiff to provide verified responses without objections to FormInterrogatories, Special Interrogatories, and Request for Production (All Set One) pursuant to California Code of Civil Procedure sections 2030.290, subdivision (b), and 2031.300, subdivision (b). Trial is set for May 26, 2020. PARTY'S REQUESTS Defendant asks the Court to compel Plaintiff to provide verified r...
2019.9.4 Motion to Compel Deposition 477
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.4
Excerpt: ...l the deposition of Defendant Teresa Gillcrist pursuant to California Code of Civil Procedure section 2023.010. Trial is set for February 10, 2020. PARTY'S REQUESTS Plaintiff asks the Court to compel Defendant Teresa Gillcrist (“Opposing Defendant”) to appear and testify at a deposition based on her failure to appear at a previous deposition. Plaintiff also asks the Court to compel Opposing Defendant to produce documents responsive to the req...
2019.9.4 Motion to Compel Deposition 235
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.4
Excerpt: ...sion that occurred on April 21, 2016. On August 8, 2019, Defendants filed a motion to compel the deposition of Plaintiff pursuant to California Code of Civil Procedure section 2023.010. Trial is set for October 21, 2019. PARTIES' REQUESTS Defendants ask the Court to compel Plaintiff to appear and testify at a deposition on September 9, 2019 based on her failure totestify at a previous deposition. Defendants also asks the Court to impose $761.15 i...
2019.9.4 Motion to Dismiss 644
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.4
Excerpt: ...supervision and retention, negligent undertaking, and loss of consortium for an altercation that occurred on March 31, 2017 in Indiana. On July 26, 2019, Defendants filed a motion to dismiss this action pursuant to California Code of Civil Procedure section 418.10, subdivision (b). PARTY'S REQUEST Defendant asks the Court to dismiss this action because this forum is inconvenient. JUDICIAL NOTICE Defendants ask the court to take judicial notice of...
2019.9.4 Motion for Summary Judgment 506
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.4
Excerpt: ...nt to California Code of Civil Procedure section 437c. Trial is set for November 12, 2019. PARTY'S REQUEST Defendant asks the Court to grant summary judgment in Defendant's favor and against Plaintiff arguing that the undisputed facts establish that Defendant breached no duty owed to Plaintiff and has no constructive or actual knowledge of any dangerous condition. LEGAL STANDARD The purpose of a motion for summary judgment “is to provide courts...
2019.9.3 Demurrer 634
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.3
Excerpt: ...cesarean section surgery on February 5, 2018. On June 28, 2019, Defendant Providence Little Company of Mary Medical Center Torrance filed a demurrer to Plaintiff'scomplaint on that ground that the statutes of limitations had expired, rendering the complaint uncertain pursuant to California Code of Civil procedure section 430.10. On August 1, 2019, the Court continued the hearing on Defendant Providence Little Company of Mary Medical Center Torran...
2019.9.3 Motion to Strike 710
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.3
Excerpt: ...amended complaint (“FAC”) to allege additional facts after the Court sustained Defendants' motion to strike punitive damages from Plaintiff's initial complaint. On July 15, 2019, Defendants filed a motion to strike pursuant to California Code of Civil Procedure section 435. Trial is set for May 12, 2020. PARTIES' REQUEST Defendants asks this Court for an order striking punitive damages from the FAC arguing that there are insufficient facts al...
2019.9.3 Motion to Deem Matters in Request for Admissions as True 495
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.3
Excerpt: ...on November 19, 2017. On December 6, 2018, Defendant City of Los Angeles filed a cross-complaint against Roes 1-10 seeking indemnification, apportionment of fault, and declaratory relief. On February 22, 2019, Plaintiff filed an amendment to the complaint naming Defendant Carmar, LLC as Doe 1. On March 4, 2019, Defendant/Cross-Complainant Citygroup, Inc. filed a cross-complaint against Roes 1-100 seeking indemnification, apportionment of fault, a...
2019.9.3 Motion to Compel Deposition, Production of Docs 134
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.9.3
Excerpt: ...ve heat exposure and dehydration after laying down from about 1:00 to 5:15 p.m. in the Club's men's locker room. Plaintiffs assert that the Club was negligent in failing to summon medical help for Mr. Keck by calling a doctor or 911 and that this alleged negligence caused Mr. Keck's death. In their motion to compel, Plaintiffs seek an order directing the Club to produce all responsive documents sought in their Document Request 1, which asked for ...
2019.8.9 Motion to Set Aside Dismissal 508
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.8.9
Excerpt: ...t prejudice when no party appeared for trial and no party communicated with the Court as to why there were no appearances. On June 19, 2019, Plaintiff filed a motion to set aside the May 21, 2019 dismissal pursuant to California Code of Civil Procedure section 473, subdivision (b). PARTIES' REQUESTS Plaintiff requests that the Court set aside the May 21, 2019 dismissal on the grounds that Plaintiff's counsel failed to properly calendar and appear...
2019.8.9 Demurrer, Motion to Strike 826
Location: Los Angeles
Judge: Traber, Theresa M
Hearing Date: 2019.8.9
Excerpt: ..., and Patti M. The complaint alleged general and gross negligence, statutory negligence, patient abandonment, negligent hiring and supervision, negligent infliction of emotional distress, and intentional infliction of emotional distress related to deficient treatment rendered between September 15, 2017 and October 3, 2017. On April 8, 2019, the Court sustained Defendants Pioneer Medical Group, Inc.'s, Thomas Mahowald's, Charles Kung, M.D.'s, Kath...

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