Excerpt: ... bite that occurred on November 5, 2019. On March 20, 2019, Defendants/Cross-Complainants Ronald Dinnel, and Ronald Dinnel and Linda Dinnal as trustees of theDinnel R A & L G 1995 Trust filed a cross complaint against Defendant/Cross-Defendant Andrew Barra seeking indemnification, apportionment, and declaratory relief. On April 26, 2019, Defendant Andrew Barra filed a motion to strike punitive damages and attorney's fees from the complaint pursua...

Excerpt: ...assault, battery, and false imprisonment for a refusal to move a vehicle and a subsequent altercation that occurred on March 11, 2016. On May 3, 2019, Plaintiff filed a first amended complaint (“FAC”) omitting the causes of action for battery and false imprisonment. On June 14, 2019, Defendants Otis Elevator Company and Pacific Coast Elevator Corporation dba Amtech Elevator Services (erroneously sued as Amtech Elevator Services and Pacific Co...

Excerpt: ...ion in relation to a hernia surgery in the summer of 2018. On June 13, 2019, Defendants filed a demurrer to the complaint on the grounds that it failed to state sufficient facts to constitute a cause of action for medical battery, breach of contract, and intentional misrepresentation against Defendants pursuant to California Code of Civil Procedure section 430.10. Trial is set for November 9, 2020. PARTY'S REQUEST Defendants request that the Cour...

Excerpt: ... motorcycle striking a cracked street from overgrown roots on February 25, 2018. On March 27, 2019, Plaintiff dismissed Defendant County of Los Angeles from the complaint without prejudice. On March 29, 2019, Defendants/Cross-Complainants Michael Overman and Carolyn Overman filed a cross complaint against Defendants/Cross-Defendants City of Los Angeles, County of Los Angeles, and California Department of Transportation seeking indemnity, contribu...

Excerpt: ...ry and negligence for an improper administering of Haldol on December 19, 2014. On April 29, 2016, Plaintiff amended his complaint to name Defendant Richard Earl Kim, M.D. as Doe 1. On June 1, 2016, Plaintiff dismissed Defendant Richard Yeon Kim, M.D. without prejudice from this action. On June 9, 2016, Plaintiff dismissed his first cause of action for battery without prejudice from his complaint. On August 30, 2016, Plaintiff dismissed Defendant...

Excerpt: ... that occurred on March 5, 2017. On April 15, 2019, the Court entered default against Defendant Enterprise Rent-A-Car Company of Los Angeles, LLC. On April 23, 2019, Plaintiff filed a motion to compel Defendant EAN Holdings, LLC's person most qualified to appear and testify at a deposition and for Defendant EAN Holdings, LLC to respond to a request for production of documents. On June 20, 2019, Plaintiff and Defendants stipulated to Plaintiff's f...

Excerpt: ...ay 14, 2019, Plaintiff filed a first amended complaint (“FAC”). On May 24, 2019, Defendants filed a motion to strike punitive damages from the FAC. Trial is set for October 23, 2020. PARTY'S REQUEST Defendants request that the Court strike punitive damages from the FAC because facts have not been alleged to impute fraud, malice or oppression to Defendant. LEGAL STANDARD Any party, within the time allowed to respond to a pleading may serve and...

Excerpt: ...rom the complaint. Trial is set for November 4, 2020. PARTY'S REQUEST Defendant requests that the Court strike punitive damages from the complaint because facts have not been alleged indicating Defendant acted with fraud, malice or oppression. LEGAL STANDARD Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code of Civ. Proc. § 435, subd. (b)(1); Cal. Rules...

Excerpt: ...019, Defendant Jojo's California Family Restaurants, Inc. (erroneously sued as Coco's Restaurants, Inc.) filed a motion for summary judgment, or in the alternative, summary adjudication pursuant to California Code of Civil Procedure section 437con the grounds that there is no triable issue of material fact on the questions of whether Defendant had a duty to warn and whetherPlaintiff assumed the risk. Trial is set for February 18, 2020. PARTY'S RE...

Excerpt: ...igence [Civil Code section 1714], and fraud/deceit/intentional misrepresentation for an automobile collision that occurred on February 21, 2017 and a prior representation that the driver was safe. On May 14, 2019, Defendant/Cross-Complainant Louise Nancy Wibbens filed a cross- complaint against Defendants/Cross-Defendants Farhat Shakilur Rahman, Uber Technologies, Inc., and Rasier, LLC seeking indemnity, contribution, and declaratory relief. On J...

Excerpt: ...Cross-Complainants Eddy Allahverdian and Maria Allahverdian filed a cross-complaint against Plaintiff/Cross- Defendant Alen Petrosyan alleging breach of contract, private nuisance, declaratory relief, and injunctive relief. On July 3, 2019, Plaintiff/Cross-Defendant Alen Petrosyan (“Moving Party”) filed a motion to compel the deposition ofDefendant/Cross-Complainant Maria Allahverdian pursuant to California Code of Civil procedure section 202...

Excerpt: ...nce with subpoenas issued to Kambiz Yazdi, D.C., York Risk Services Group, Inc. and Tristar Risk Management, and Los Angeles County Sheriff's Department. Trial is not set in this matter. PARTY'S REQUESTS Defendant requests the Court to compel Kambiz Yazdi, D.C., York Risk Services Group, Inc. and Tristar Risk Management, and Los Angeles County Sheriff's Department to comply with the issued subpoenas. Defendant also requests $926.50 in monetary sa...

Excerpt: ...f. Plaintiff seeks damages, including lost earnings. He is self‐employed, providing services for a number of insurance agencies, and also drove for Uber for some relevant period of time. On March 26, 2019, Defendant took Plaintiff's deposition. Plaintiff refused to answer questions that sought information about the identity of Plaintiff's accountant from 2015 to the present. On June 3, 2019, Defendant filed a motion to compel answers to its que...

Excerpt: ...consortium for an automobile collision that occurred on July7, 2013. On November 10, 2016, Plaintiffs filed an amendment to the complaint naming Defendant Poseidon Trucking as Doe 1. On February 19, 2019, Intervenor Global Hawk Insurance Company filed an <0003002600520055005300 0044004a0044004c0051[st Plaintiffs' claims. On June 27, 2019, Defendant USJL Express, Inc. filed a motion for an order granting California Insurance Guarantee Association ...

Excerpt: ... Department pursuant to California Code of Civil Procedure section 1987.1. Trial is set for July 21, 2020. PARTY'S REQUEST Defendant requests that the Court quash Plaintiff's deposition subpoena served on the Los Angeles Police Department seeking all evidence taken from a forensic extraction of all cell phones collected in connection with an investigation. Defendant also requests the Court to impose $2,275 in monetary sanctions against Plaintiff ...

Excerpt: ..., 2015. On June 27, 2019, Defendant filed a motion to compel Plaintiff to submit to a physical examination due to Plaintiff's failure to submit to a prior noticed physical examination. Trial is set for October 16, 2019. PARTY'S REQUESTS Defendant requests that the Court compel Plaintiff to submit to a physical examination by orthopedic specialist James T. London M.D. Defendant also asks the Court to impose $1,500 in monetary sanctions against Pla...

Excerpt: ...ll considers them on the merits because, as seen below, they are unpersuasive. BACKGROUND On January 24, 2018, Plaintiffs Patricia Lockett and Steven Proctor (“Plaintiffs”) filed a complaint against Defendant AIMCO Malibu Canyon, LLC (“Defendant”) alleging negligence and premises liability for a piece of ceiling and water falling on top of Plaintiffs while they were in the shower on February 18, 2016. On March 16, 2018, Defendant filed a ...

Excerpt: ...led a first amended complaint omitting himself as a Defendant, alleging additional facts, alleging intentional infliction of emotional distress against Defendant, and negligent entrustment against Does 1-10. On July 31, 2018, Plaintiff filed a second amended complaint to allege additional facts. On June 20, 2019, Plaintiff filed a motion for leave to file a third amended complaint pursuant to California Code of Civil Procedure section 473, subdiv...

Excerpt: ...otion for summary judgment, or in the alternative, summary adjudication, pursuant to California Code of Civil Procedure section 437c, arguing there is no triable issue of fact regarding whether Defendant had notice of a dangerous condition, whether Plaintiff had notice of the dangerous condition before her fall, and whether Defendant breached a duty or caused Plaintiff's harm. Trial is set for October 7, 2019. PARTY'S REQUEST Defendant requests t...

Excerpt: ...missed Defendant Penaloza without prejudice. On June 24, 2019, Defendant Gaxiola (“Demurring Defendant”) filed a demurrer to the complaint on the grounds that it failed to state sufficient facts to constitute a cause of action for negligence against Demurring Defendant pursuant to California Code of Civil Procedure section 430.10. Trial is set for October 7, 2020. PARTY'S REQUEST Demurring Defendant requests that the Court sustain his demurre...

Excerpt: ...fell from a severe drop outside the back door of an open house on January 27, 2018. On June 21, 2019, Defendant About House (“Demurring Defendant”) filed a demurrer to the complaint on the grounds that it failed to state sufficient facts to constitute a cause of action for intentional and negligent misrepresentation against DemurringDefendant pursuant to California Code of Civil Procedure section 430.10. Trial is set for October 29, 2020. PAR...

Excerpt: ...d a First Amended Complaint against Defendant City of Los Angeles (“Defendant”). On June 24, 2019, Defendant filed a motion for leave to file an amended answer pursuant to California Code of Civil Procedure section 473. Trial is set for September 9, 2019. PARTY'S REQUEST Defendant asks the Court for leave to file an amended answer to assert an affirmative defense of “trail immunity” under Government Code section 831.4. LEGAL STANDARD Cali...

Excerpt: ...lessness, and gross negligence for an errant golf ball that hit Plaintiff on October 12, 2015. On December 28, 2018, Defendants Los Coyotes Country Club and American Golf Corporation (“Moving Defendants”) filed a motion for summary judgment on the grounds that the area where Plaintiff was struck with a golf ball did not constitute a dangerous condition, Moving Defendants did not breach a duty to Plaintiff, and Moving Defendants did not have n...

Excerpt: ...nt alleges negligence and premises liability for a tree that fell on Plaintiff on February17, 2017. On May 1, 2018, Defendant Nkab-Ill LP filed a cross complaint against Sherman Oaks Radiation Oncology, LLC, Vantage Oncology Treatment Centers – Sherman Oaks, Inc., Valley Radiotherapy Associates Medical Group, Inc., and McKesson Specialty Health Innovative Practice Services, LLC seeking express and equitable indemnity, contribution, breach of im...

Excerpt: ...d his complaint to name Defendant Aegis Security & Investigations Inc. as Doe 2 and Defendant SKWS Enterprises, Inc. as Doe 3. On August 9, 2018, Defendant Aegis Security & Investigations Inc. filed a cross- complaint against Defendant SKWS Enterprises, Inc. for indemnity, apportionment, contribution, and declaratory relief. On January 11, 2019, Defendant/Cross-Complainant Aegis Security & Investigations Inc. was dismissed as a defendant with pre...

Excerpt: ...nt naming Daniel Murillo Avila, personal representative of the Estate of Wesley Michael Velkov as Doe 1 and Doe 2. On June 18, 2019, Plaintiff filed an amended amendment to the complaint naming Daniel Murillo Avila, personal representative of the Estate of Wesley Michael Velkov as Doe 1 and Doe 26. On June 26, 2019, Defendant/Cross-Complainant Daniel Marillo Avila, personal representative of the estate of Wesley MichaelVelkov filed a cross-compla...

Excerpt: ..., Plaintiff Bina Zargari (“Plaintiff”) filed a complaint against Defendants Starbucks Corporation and MMK Enterprises, LLC (“Defendants”) alleging premises liability for a trip-and-fall that occurred on July 18, 2017. On May 3, 2019, Defendants filed a motion for summary judgment on the grounds that the wheel-stop that Plaintiff tripped over was not a dangerous condition, that Defendants did not have notice of the alleged dangerous condit...

Excerpt: ...nc. dba Homegoods and Homegoods alleging negligence and premises liability for a failure to warn of a glass window that Plaintiff ran into on November 1, 2017. On April 16, 2019, Plaintiff filed a motion to compel the deposition of a person most qualified for Defendant Homegoods, Inc. On April 18, 2019, Plaintiff filed a motion to deem the matters in Request for Admissions (Set One) as true against DefendantHomegoods, Inc., a motion to compel the...

Excerpt: ...p-and-fall over an uneven sidewalk that occurred on October 19, 2015. On October 18, 2016, Plaintiff dismissed Defendant State of California from this action without prejudice. On October 20, 2016, Plaintiff dismissed Defendant County of Los Angeles from this action without prejudice. On August 11, 2017, Plaintiff dismissed Defendants Kittridge Gardens One, L.P., Kittridge Gardens Two, L.P., and G&K Management Co. from this action. On December 22...

Excerpt: ...vil Code section 1942.4, nuisance, negligent failure to provide habitable premises, violation of Business & Professions Code section 17200, and violation of Los Angeles Municipal Code section 151.00, et seq. The complaint arises from Plaintiff living in a vermin and cockroach infested apartment for four years. On May 30, 2019, Plaintiff amended her complaint to name Twenty-Four Seven Property Management, Inc. as a defendant. On June 20, 2019, Pla...

Excerpt: ...of Defendant Taylor Clutter and responses to request for production of documents based on Defendant Taylor Clutter's refusal to appear for four noticed depositions. Trial is set for October 16, 2019. PARTY'S REQUEST Plaintiff requests that the Court compel Defendant Taylor Clutter to appear for a deposition and produce identified documentswithin 10 days of the hearing on this motion. Plaintiff also asks the Court for an order requiring Defendant ...

Excerpt: ...vil Code section 1942.4, nuisance, negligent failure to provide habitable premises, violation of Business & Professions Code section 17200, and violation of Los Angeles Municipal Code section 151.00, et seq. The complaint arises from Plaintiff living in a vermin and cockroach infested apartment for four years. On May 30, 2019, Plaintiff amended her complaint to name Twenty-Four Seven Property Management, Inc. as a defendant. On June 20, 2019, Pla...

Excerpt: ...or an automobile collision that occurred on June 2, 2016. On May 25, 2018, Plaintiff filed a first amended complaint. On June 21, 2018, Defendants/Cross-Complainants Golden Gate Transport LLC and Jesus Lorenzo Garcia filed a cross-complaint against Defendants/Cross- Defendants Kyu Jin Kim, Michael Yon Sung Lee, and LJ Express Inc. seeking indemnity, a finding of comparative negligence, and declaratory relief. On August 7, 2018, Defendants/Cross-D...

Excerpt: ... 2019, Defendants filed a motion for summary judgment, or in the alternative, summary adjudication on the grounds that the alleged dangerous condition was open and obvious, or in the alternative, trivial. On May 17, 2019, the Court continued Defendants motion for summary judgment, or in the alternative, summary adjudication from the original hearing date of July 17, 2019 to July 19, 2019. Trial is set for February 18, 2020. PARTIES' REQUEST Defen...

Excerpt: ...obile collision that occurred on May 26, 2017. On September 28, 2017, Defendants filed a cross-complaint against Plaintiff seeking properly damage. On February 22, 2018, Defendants dismissed their cross-complaint with prejudice. On June 11, 2019, Defendants filed a motion to compel Plaintiff's responses to Supplemental Form Interrogatories and Supplemental Request for Production (Set One), as well as a motion to compel Plaintiff's attendance at a...

Excerpt: ...manhole that made Plaintiff's vehicle roll on its side on July 20, 2016. On June 13, 2019, Defendants filed a motion to compel Plaintiff to submit to a neurological and neuropsychological examination pursuant to California Code of Civil Procedure section 2032.320. Trial is set for September 27, 2019. PARTY'S REQUEST Defendants request the Court to compel Plaintiff to appear for a neurological and neuropsychological examination because Plaintiff h...

Excerpt: ...curred on March 1, 2018. On June 6, 2019, Defendants Uber Technologies, Inc., Rasier, LLC, and Rasier-CA, LLC filed a motion for leave to file a cross-complaint against Cross-Defendant Bikes and Hikes LA. Trial is set for December 12, 2019. PARTY'S REQUEST Defendants Uber Technologies, Inc., Rasier, LLC, and Rasier-CA, LLC (“Moving Defendants”) ask the Court for an order granting leave to file a cross-complaint against T Cross- Defendant Bike...

Excerpt: ...stress for injuries sustained from pieces of an IV needle <0003001500130014001a00 110003[ On May 31, 2019, Defendant filed a demurrer to Plaintiff's complaint on the grounds that it fails to state facts to constitute a cause of action and it is uncertain. Also on May 31, 2019, Defendant filed a motion to strike punitive damages from Plaintiff's complaint. Trial is set for July 9, 2020. PARTY'S REQUESTS Defendant requests that the Court sustain it...

Excerpt: ...nks filed a motion to continue trial and the related dates primarily due to Plaintiff undergoing an unanticipated major surgery. Trial is set for August 6, 2019. PARTY'S REQUESTS Defendant Thaddeus Banks (“Moving Defendant”) asks the Court for an order continuing trial and all related dates for no less than three months into November 2019 and preferably five months into January 2020. LEGAL STANDARD Pursuant to California Rules of Court, rule ...

Excerpt: ...ion subpoena issued to his previous employer, Ventura County,seeking all employment records from July 12, 2006 to present. Trial is set for January 13, 2020. PARTY'S REQUESTS Plaintiff requests that the Court quash Defendants' deposition subpoenas for employment records pursuant to California Code of Civil Procedure section 1987.1, or in the alternative, a protective order limiting the subpoena to only documents depicting earnings, salary and att...

Excerpt: ...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, ArchstoneMaster Holdings LLC as Doe 2, EQR-4111 South Via Marina LP as Doe 3, and EQR-4111 South Via Marina GP LLC as Doe 4. On October 22, 2018, Plaintiff amended her complaint to name ERP Operating Limited Partnership as Doe 5. On October 16, 2018, Defendant Archstone Marin...

Excerpt: ...019, Plaintiff filed a motion to compel the deposition of Defendant Homegoods' person most qualified and responses to request for production of documents. Trial is set for May 20, 2020. PARTY'S REQUEST Plaintiff requests that the Court compel the depositions of the person(s) most qualified for Defendant Homegoods and produce documents identified in the corresponding deposition notice. Plaintiff also requests the Court for an order requiring Defen...

Excerpt: ...une 7, 2019, Defendant filed a motion to compel Plaintiff Nathan Koreie to submit to a physical examination in Los Angeles, California despite his residence being in San Francisco, California. Trial is set for November 26, 2019. PARTY'S REQUESTS Defendant asks the Court for an order compelling Plaintiff Nathan Koreie (“Opposing Plaintiff”) to submit to a physicalexamination in Los Angeles, California, outside the 75 mile radius prescribed in ...

Excerpt: ...efendant Mariam Yavari filed a cross complaint against Plaintiff Ramon Carrillo Robles seeking indemnity and declaratory relief. On April 4, 2019, Defendant Mariam Yavari dismissed her cross-complaint with prejudice. <0057005200030054005800 005300520056004c0057[ion subpoena issued to Nicholas Fuller, M.D., or in the alternative, a protective order due to inadequate notice given for the deposition date. Trial is set for September 16, 2019. PARTIES...

Excerpt: ...on) (“Defendant DOT”). The complaint alleges negligence for Defendants' failure to keep debris free from the Interstate 710, resulting in Plaintiff striking said debris and sustaining injuries on April 20, 2018. On April 29, 2019, Plaintiff filed a first amended complaint (“FAC”) replacing his negligence cause of action for a cause of action for Governmental Entity Liability based on a Dangerous Condition of Public Property. On June 3, 20...

Excerpt: ...ound Plaintiff's settlement with Defendant Providence Health System-Southern California dba Providence Holy Cross Medical Center as being entered into in good faith. On April 17, 2019, Defendants Facey Medical Group and Youssef K. Youssef, M.D. filed a motion for summary judgment on the grounds that Defendant Youssef complied with the applicable standard of care and did not cause Plaintiff's injuries and Defendant Facey Medical Group cannot be he...

Excerpt: ... filed a cross-complaint against Plaintiff seeking indemnity, contribution, declaratory relief, and apportionment of fault. Trial is set for February 10, 2020. PARTY'S REQUEST Plaintiff asks this Court for a preferential trial date to be set within 120 days from the date Plaintiff's operative motion is granted pursuant to California Code of Civil Procedure section 36, subdivision (a). LEGAL STANDARD California Code of Civil Procedure section 36 s...

Excerpt: ...motor vehicle and general negligence for an automobile collision that occurred on September 9, 2016. On April 10, 2019, Plaintiff filed a motion to compel Defendant Ryan Gallardo's responses to Form Interrogatories (Set Two) and Special Interrogatories (Set One), as well as a motion to deem requests for admissions as admitted. On April 16, 2019, the Court continued the hearings on Plaintiff's motion to compel discovery and motion to deem requests...

Excerpt: ...ch 18, 2019, Defendant Airbnb, Inc. (“Airbnb”) filed a motion to compel arbitration. <0055004c0051004a000300 004500b6005600030050[otion to compel arbitration to July 3, 2019 for Plaintiff to file a supplemental opposition. Trial is set for August 14, 2020. PARTY'S REQUESTS Airbnb requests that this Court issue an order compelling Plaintiff to engage in arbitration pursuant to Airbnb's Terms of Service (“TOS”) and staying the case pending ...

Excerpt: ...tiff's scooter, causing a malfunction on December 20, 2015. On December 19, 2017, Defendants Genuine Scooters, LLC and The Genuine Scooter Company filed a cross-complaint againstRoute 66 Riders, Inc. seeking equitable indemnity, contribution, implied indemnity, declaratory relief, and express indemnity. On June 6, 2019, Defendant Route 66 filed a motion for summary judgment, or in the alternative, summary adjudication on the grounds that Plaintif...

Excerpt: ...g implied total equitable indemnity, partial indemnity, and declaratory relief. On December 3, 2018, Plaintiff amended his complaint to name Defendant Tree Trimming Land Company, Inc. as Doe 1. On December 12, 2018, Defendant City of Huntington Park dismissed its cross-complaint without prejudice. On January 29, 2019, Plaintiff filed a second amended complaint alleging dangerous condition on public property and negligence against Trimming Land Co...

Excerpt: ...de, a violation of Civil Code section 1714, and negligence for a vehicle collision that occurred on December 24, 2016. On November 22, 2017, Plaintiff filed an amended complaint, which combined Plaintiff's first and second causes of action. On April 8, 2019, the Court found case number BC669104 related to case number 18STLC13849. <0003002d00440046004e00 00260052005800510057[y of Los Angeles (“Moving Defendants”) filed a motion to compel Plain...

Excerpt: ...otional distress for improper medical care administered to <0058005600570003001500 0003[ On May 3, 2019, Defendants Venice Family Clinic and Ernest Ortiz (“Demurring Defendants”) filed a demurrer and motion to strike to Plaintiffs' complaint due to insufficiently pled facts to allege negligent infliction of emotional distress and an improper prayer for prejudgment interest. On May 31, 2019, Plaintiffs filed an amended complaint alleging addit...

Excerpt: ...ue to Plaintiff's wheelchair's wheel becoming lodged in an unrepaired hole in the pavement on December 11, 2018. On May 31, 2019, Defendants Miramar Tower Preservation LP, Rose Community Management, and RCH Miramar Tower GP, LLC (“Moving Defendants”) filed a motion to strike punitive damages from Plaintiff's complaint. Trial is set for October 9, 2020. PARTY'S REQUEST Moving Defendants ask this Court for an order striking punitive damages fro...

Excerpt: ...oena issued to his employer, a deposition subpoena seeking workers' compensation records, and a deposition subpoena seeking medical records on the grounds that they are all overbroad. Trial is set for October 21, 2019. PARTIES' REQUESTS Plaintiff asks that the Court quash Defendants' deposition subpoenas for employment records, workers' compensation records, and medical records pursuant to California Code of Civil Procedure section 1987.1. Plaint...

Excerpt: ...ose and treat decedent Steven Jeffrey Saito's (“Decedent”) arterial occlusion and hypertension. On March 15, 2019, Defendants filed a motion for summary judgment, or in the alternative, summary adjudication, on the grounds that there is no triable issue of material fact indicating Defendants breached a duty of care to Decedent or caused Decedent's injuries. On May 28, 2019, Defendants continued the hearing on their motion for summary judgment...

Excerpt: ...spect to Defendant Pearl Turner's affirmative defense that “[t]he landlord improperly collected SCEP fees during the first year of tenancy,” contrary to Rent Adjustment Commission (RAC) Regulation §§ 370.00, et seq., and thus, is not entitled to recover possession because of this violation of the Los Angeles Rent Stabilization Ordinance (LARSO). L.A.M.C. §151.09E. Amended Answer at 5. Where, as here, Plaintiff moves to preclude the submiss...

Excerpt: .... as Doe 1. In BC610025, on September 7, 2018, Plaintiff Cesar Delsas dismissed Defendant Juliann McKenna from this action. In BC610025, on March 5, 2019, Plaintiff Cesar Delsas dismissed Defendant People Creating Success, Inc. from this action. In BC610025, trial is set for October 15, 2019. <0003002600480056004400 00030049004c004f0048>d a complaint against Defendant Larry Scott Legrand allegingmotor vehicle negligence for an automobile collisio...

Excerpt: ...try Club, and Sunbelt Rentals (“Defendants”). The complaint alleges strict products liability, negligence, failure to recall/retrofit, and premises liability for the fatal falling of decedent Jamie Rubio from a Genie S-85 at Calabasas Country Club on August 31, 2017. On May 15, 2019, Defendant Knight-Calabasas, LLC dba Calabasas Country Club filed a cross-complaint against Roes 1 through 100 seeking indemnity, contribution, and an apportionme...

Excerpt: ...tive order relating to Defendants' depositions and request for sanctions. On June 6, 2019, the Court granted Plaintiff's ex parte motion to compel Defendants' depositions, but denied Plaintiff's ex parterequest for sanctions. The Court scheduled a hearing for Plaintiff's request for sanctions on June 27, 2019 and ordered Plaintiff to file the motion for sanctions on the day of the ex parte hearing. Also on June 6, 2019, the Court heard Defendants...

Excerpt: ...ous liability, and a breach of a mandatory duty – negligent supervision for harassment and bullying that occurred in the 2016-2017 school year. On May 28, 2019, Defendants filed a demurrer to the complaint on the grounds that the complaint does not state sufficient factsto plead a cause of action, the causes of action are uncertain, and the second cause of action is duplicative of the third cause of action. Trial is set for December 23, 2019. P...

Excerpt: ...first amended complaint because Plaintiff's counsel did not state when the facts giving rise to the amended allegations were discovered or why the request was not made earlier pursuant to California Rules of Court Rule 3.1324(b)(3) and (4), even though it appeared that Plaintiff died in 2017. The Court also noted that granting the motion after a long, unwarranted, and unexcused delay would present added cost and increased burden of discovery on D...

Excerpt: ...051[t's appearance at a deposition and Defendant's responses to request for production of documents. Trial is set for October 18, 2019. PARTIES' REQUESTS Plaintiffs ask the Court for an order compelling Defendant to appear and testify at a deposition and produce documents specified in Plaintiffs' deposition notice within ten days of the hearing on this motion. Plaintiffs also request that the Court award $3,736.65 in monetary sanctions against De...

Excerpt: ...nthouse”), a nightclub owned by Defendant Melash, Inc. (“Melash”) . At the time of the incident, Penthouse had hired Defendant Crime Stoppers Service, Inc (“Crime Stoppers”) to provide security. Plaintiff contends that Crime Stoppers' security guard Defendant Alejandro Marquez (“Marquez”) either intentionally gave his baton to Gomez so he could use it to harm Plaintiff, or carelessly misplaced it, enabling Gomez to gain possession o...

Excerpt: ...uary 1, 2018, alleging one cause of action for premises liability against Defendant. On March 27, 2018 Defendant filed its Answer and Cross-Complaint against Cross- Defendant Unifirst Corporation (“Unifirst”), which was the manufacturer of the Subject Mat, alleging two causes of action for equitable indemnity and declaratory relief. Unifirst filed its Answer to Defendant's Cross-Complaint on March 15, 2019. Defendant filed the instant Motion ...

Excerpt: ...ntentional infliction of emotional distress. Plaintiff alleges that she was insulted and then accosted by her Lyft driver. Lyft filed the instant demurrer and motion to strike on May 24, 2019. Trial is set for October 20, 2020. PARTY'S REQUESTS Lyft requests that this Court sustain its demurrer on the grounds that the Complaint fails to state sufficient facts to constitute a cause of action against Lyft. Lyft also asks this Court to grant its mot...

Excerpt: ... by another student and alleges causes of action for (1) negligent supervision of students based on Government Code §§ 815.6 and 815.2 and 5 CCR § 552 against District and Does 1 through 50, (2) negligent hiring, supervision, training, and retention based on Government Code §§ 815.6 and 815.2 against District and Does 1 through 50, (3) negligent infliction of emotional distress against all Defendants, (4) assault <00480003002f0044000300 3500...

Excerpt: ...against Defendants Ildelfonso Davalo, Ayon Nursery, and Jose DeJesus Ayon. On May 10, 2019, Defendants Ildelfonso Davalos and Jose Dejesus Ayon filed the subject motion for a protective order to prevent the deposition of Ildelfonso Davalos and for sanctions. The motion was brought in anticipation of Plaintiff moving to compel a second session of Defendant's deposition. On May 24, 2019, Plaintiff filed a motion for an order compelling the second s...

Excerpt: ...mployment with Defendants Target Corporation, Target, and Target Brands, Inc. (collectively “Target”), and Defendant Penske Corporation, sustaining injuries. Plaintiff filed his Complaint against all defendants on October 23, 2018 alleging two causes of action sounding in (1) Motor Vehicle Negligence, Negligent Entrustment, Negligent Hiring, Negligent Undertaking, Negligent Retention, Negligent Supervision and Negligent Training; and (2) Negl...

Excerpt: ...stant motion to compel responses. On April 4, 2019, the Court, on its own motion, advanced and continued the hearing from May 17, 2019 to June 21, 2019. Trial is set for August 19, 2019. PARTY'S REQUEST Defendant requests a court order compelling Plaintiff to provide responses to Form Interrogatories (Set One) and Demand for Production of Documents (Set One). Defendant also requests a court order imposing $606.65 in monetary sanctions against Pla...

Excerpt: ...and retention. Plaintiff alleged he was within the studio of FIL's premises on November 25, 2018, to participate in a “step class.” (FAC ¶7.) Plaintiff alleged Defendants, on or before November 25, 2018, knew that individuals participating in a “step class” utilized a certain amount of space within which they would participate at the instructor's direction by stepping up, down, and around their “step.” Plaintiff alleged Defendants al...

Excerpt: ...ch 18, 2019, Defendant Airbnb, Inc. (“Airbnb”) filed a motion to compel arbitration. Trial is set for August 14, 2020. PARTY'S REQUESTS Airbnb requests that this Court issue an order compelling Plaintiff to engage in arbitration pursuant to Airbnb's Terms ofService (“TOS”) and staying the case pending resolution of the arbitration. LEGAL STANDARD California Code of Civil Procedure section 1281.2 permits a party to file a petition and moti...

Excerpt: ...is a medical malpractice lawsuit stemming from a failed abortion negligently performed by Defendants on or around March 29, 2017. (Complaint ¶1.) Plaintiff alleged the clinic performed an abortion to terminate her pregnancy on March 29, 2017, at which time she was 7 weeks and 4 days pregnant. (Complaint ¶10.) Plaintiff alleged she was informed, on that date, the termination of pregnancy was successfully completed and an intrauterine device (“...

Excerpt: ...bility for a slip-and-fall that occurred on June 3, 2016. On April 3, 2019, Defendants filed the subject motion for summary judgment or, in the alternative, summary adjudication on the grounds that there is no triable issue of fact as to Defendants' compliance with the standard of care and no triable issue of fact as to the element of causation. On April 15, 2019, Defendants Kaiser Foundation Health Plan, Inc. and Southern California Permanente M...

Excerpt: ...ted felon and brother of one of Defendant's tenants. (Id. ¶¶ 3‐5, 7.) Frayre alleges that Park had received notice several times that Gallegos threatened tenants, but Park took no action, thus violating its duty to maintain the apartment complex in a safe condition. (Id. ¶¶ 4-5, 7.) Because of the incident, Frayre was in a coma for 13 days and suffered a hematoma and orbital fracture. (Id. ¶ 6; Wiseman Decl. Ex. A No. 6.2.) Frayre asserts ...

Excerpt: ...rred on¿July 28, 2016.¿ On November 20, 2018, Plaintiff-in-Intervention Insurance Company of the West (“Plaintiff') filed a Complaint-in-Intervention for reimbursement of Workers' Compensation benefits against Defendant-in-Intervention Martine J. Work (“Defendant”). On April 4, 2019, Plaintiff filed four motions against Defendant to compel responses to form interrogatories, special interrogatories, and request for production of documents,...

Excerpt: ...sufficient facts to constitute a cause of action because it is barred by the statute of limitations. Trial is set for March 23, 2020. Plaintiff is self-represented. Self-represented parties are treated like any other party and thus must adhere to the rules of procedure. (Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246- 1247.) PARTY'S REQUEST Defendant requests that the Court sustain her demurrer because Plaintiff's cause of action is barred by the...

Excerpt: ... with prejudice. Trial is set for September 19, 2019. PARTY'S REQUESTS Plaintiff Ravinder Shergill (“Plaintiff') requests leave to amend the Complaint to add a cause of action for medical battery. LEGAL STANDARD California Code of Civil Procedure section 473, subdivision (a)(1) provides, in relevant part: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding o...

Excerpt: ...Y'S REQUEST Plaintiff moves the Court for clarification of its February 20, 2019 discovery order and to stay the order for a period of 30 days pending receipt of such clarification. LEGAL STANDARD Pursuant to Code of Civil Procedure §473(d), “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion o...

Excerpt: ...ndants for negligence, premises liability and dangerous condition of public property, all grounded on the same underlying allegations. On April 15, 2019, Plaintiff filed a first amended complaint (“FAC”). In the FAC, Plaintiff retained the negligence and premises liability claims against Defendant SAMKO, LLC, but asserted only one cause of action against Defendant County of Los Angeles, by and through the Department of Health Services (hereaf...

Excerpt: ...y judgment on the grounds that Defendant did not have notice of the dangerous condition. Trial is set for October 9, 2019. PARTY'S REQUEST Defendant requests an order granting summary judgment against Plaintiff pursuant to California Code of Civil Procedure section 437c arguing that there is no triable issue of material fact and Defendant is entitled to judgment as a matter of law. Specifically, Defendant contends that there is no evidence demons...

Excerpt: ... alleged automobile versus pedestrian accident. Plaintiffs filed a Request for Dismissal on April 10, 2018, dismissing the complaint of Plaintiff Jeanna Jung Kim. On May 15, 2019, Plaintiff John Kim filed a motion to continue the trial in this matter. Trial is set for July 30, 2019. PLAINTIFF'S REQUEST Plaintiff John Kim (“Plaintiff”) requests that the Court continue the trial date in this action. LEGAL STANDARD CRC 3.1332(b) provides, as fol...

Excerpt: ...2017. On May 16, 2019, Defendant Yaser Badrm M.D. (“Defendant”) filed a motion for an order to strike portions of Plaintiff's complaint. On June 3, 2019, Plaintiff filed an opposition. On June 7, 2019, Defendant filed his reply. Trial is set for May 20, 2020. PARTY'S REQUEST Defendant requests that the Court strike from the complaint: (1) Plaintiff's prayer for prejudgment interest and (2) Plaintiff's prayer for attorney's fees. In his opposi...

Excerpt: ...016. On April 3, 2018, Defendant Frolyan Mendez (“Mendez”) filed a cross-complaint against defendants Robin Smith and Universal Plant Services of California for indemnity, contribution, and apportionment of fault for the February 11, 2016 collision. On May 18, 2018, Mendez was dismissed from the Complaint by Plaintiff. Trial is set for February 7, 2020. PARTY'S REQUEST Defendants Robin Smith (“Smith”) and Universal Plant Services of Calif...

Excerpt: ...iff filed opposition papers on June 3, 2019. Defendants filed reply papers on June 7, 2019. Trial is set on November 14, 2019. PARTY'S REQUEST Defendants request that this Court enter summary judgment against Plaintiff pursuant to Code of Civil Procedure section 437c on the grounds that there are no triable issues of material fact regarding breach and causation and Defendants are thus entitled to judgment as a matter of law. LEGAL STANDARD The pu...

Excerpt: ...as working as a nurse at one of Defendant's hospitals. On March 2, 2018, Plaintiff named Universal Protection Service, LP (“UPS”) as Doe 2 and on August 30, 2018, Plaintiff filed a First Amended Complaint (“FAC”). On July 7, 2014, Plaintiff, a telemetry nurse, was working at Southern California Hospital Hollywood (“SCHH”). UPS was providing security services. Plaintiff alleges UPS provided negligent security services that allowed a ps...

Excerpt: ...g informed consent to administer nerve block(s) and anesthesia resulting in cardiorespiratory arrest and brain damage on December 5, 2017. On March 26, 2019, Defendant Domenick J. Sisto, M.D. (“Moving Defendant”) filed a motion for summary judgment. This motion was brought on the grounds that there are no triable issues of material fact with respect to whether Moving Defendant breached his duty of care or caused Plaintiff's injuries. Trial is...

Excerpt: ...(a), 815.2(a) and 815.4); (2) vicarious liability (Government Code section 815.2(a) and 815.4); (3) dangerous condition of public property (Government Code § 835); and (4) loss of consortium. On October 2, 2018, City of La Verne filed a Cross-Complaint against Bonita Unified School District and Does 1 to 50 for (1) indemnification; (2) apportionment of fault; and (3) declaratory relief. On October 26, 2018, dismissal without prejudice was entere...

Excerpt: ..., Defendants Que Skyspace, LLC and Beringia Central, LLC (collectively “Defendants”) filed a motion to compel Plaintiff to submit to a second physical examination with an orthopedic surgeon based on Plaintiff's physical injuries. Trial is set for August 21, 2019. PARTY'S REQUESTS Defendants ask the Court for an order compelling Plaintiff to submit to a physical examination before Orthopedic Kenneth R.Sabbag, M.D. on July 16, 2019. LEGAL STAND...

Excerpt: ...rred on or about February 19, 2017. On June 15, 2017, the Court granted Defendant's motion to strike portions of Plaintiffs' complaint with leave to amend. On July 17, 2017, Defendant filed an answer to the complaint. On June 14, 2018, the Court granted Defendant's motion for a protective order quashing Plaintiffs' subpoenas seeking Defendant's medical records. On April 2, 2019, Defendant filed a motion for a protective order quashing Plaintiffs'...

Excerpt: ...g that collapsed on Plaintiff on October19, 2017. On March 12, 2018, Plaintiff amended the complaint to name Intercontinental Affordable Housing, Inc. as Doe 1. On April 26, 2018, Plaintiff amended the complaint to name Intercontinental Affordable Paradise Two as Doe 2. On February 26, 2019, Plaintiff filed six motions to compel further responses from Defendants Intercontinental Affordable Housing, Inc. and Premier Associates II, LP to Form Inter...

Excerpt: ...liability) negligence per se, strict liability, and negligent infliction of emotional distress for an incident where Plaintiff was repairing a wall on Defendants' property. On May 1, 2019, Defendants filed a demurrer to Plaintiff's complaint asserting a failure to plead sufficient facts to state Plaintiff's causes of action and for uncertainty. Trial is set for July 27, 2020. PARTY'S REQUEST Defendants request that the Court sustain their demurre...

Excerpt: ... a January 9, 2013 urgent care visit. On May 5, 2019, Defendant filed a demurrer to Plaintiff' complaint due to lapses in various statutes of limitations, a failure to plead sufficient facts to state Plaintiff's causes of action, and for uncertainty. Trial is set for December 13, 2019. PARTY'S REQUEST Defendant requests that the Court sustain its demurrer because all of Plaintiff's causes of action are barred by the relevant statute of limitation...

Excerpt: ...pumper on wheels breaking free, rolling down an inclined driveway, and crushing Plaintiff on March 15, 2017. On April 6, 2019, Defendants Elite Investment Management Group, LLC and Go Green Remodeling, Inc. filed a cross-complaint against Defendant Grandmaison Construction, Inc. alleging negligence and seeking indemnity, contribution, and declaratory relief. On May 1, 2019, Defendants Elite Investment Management Group, LLC and Go Green Remodeling...

Excerpt: ...a West Coast University, Inc. filed a cross-complaint against Defendant PBC Commercial Cleaning Systems, Inc. seeking indemnity, comparative fault, and declaratory relief. On April 18, 2019, Defendant PBC Commercial Cleaning Systems, Inc. filed a demurrer to the initial complaint on the grounds that it does not state sufficient facts for counts two and three of the premises liability causes of action. Also on April 18, 2019, Defendant PBC Commerc...

Excerpt: ...mplaint to name Defendant's individual board members as defendants and amend his complaint to include a punitive claim for damages due to Defendant's prior knowledge that the restroom tiles are slippery when wet. <004c0051004a0003005200 004c0049004900b60056> motion to amend his complaint to June 5, 2019 for Defendant to file a further opposition and for Plaintiff to file a further reply. Trial is set for September 20, 2019. PARTY'S REQUESTS Plain...

Excerpt: ...lleged assault and battery, negligence, negligence per se, and intentional infliction of emotional distress for various attacks that occurred at Plaintiff D.K.'s school during the 2015-2016 school year, resulting in scratches, bruises, and emotional distress. On August 10, 2017, Plaintiff D.K. filed a First Amended Complaint omitting the negligence per se cause of action. On May 29, 2019, Petitioner Todd Keltner filed a petition to approve a comp...

Excerpt: ... At the original hearing date on May 21, 2019, the Court found that Defendant had not submitted a sufficient meet and confer declaration pursuant to California Code of Civil Procedure section 435, subdivision (a). Accordingly, the hearing on the motion to strike was continued to June 4, 2019, and the Court ordered Defendant to meet and confer with Plaintiff either in person or telephonically by May 24, 2019, and to file a code-compliance meet and...

Excerpt: ... (“FAC”) to include further allegations after the Court sustained Defendant Department of Motor Vehicle's demurrer to the initial complaint on February 28, 2019. On May 3, 2019, Defendant Department of Motor Vehicles filed a demurrer to the FAC on the grounds that it fails to plead sufficient facts to state a cause of action for either premises liability or negligence, the complaint is uncertain, and the Government Code section 845 immunity a...

Excerpt: ...70003003500520056>ie Camarena filed a complaint against Defendant MahmoudAlipour alleging motor vehicle and general negligence for an automobile collision that occurred on September 7, 2016. Also in BC705339, trial is set for November 7, 2019. PARTY'S REQUEST Defendant Michelle Mendez requests that this court consolidate case number BC685089 with case number BC705339. LEGAL STANDARD California Code of Civil Procedure section 1048 states:¿“When...