Excerpt: ...ice for a misdiagnosis that occurred on January 29, 2019. On November 7, 2019, Defendant filed a demurrer to Plaintiff's complaint pursuant to California Code of Civil Procedure section 430.10 and a motion to strike pursuant to pursuant to California Code of Civil Procedure section 435. Trial is set for March 25, 2021. PARTY'S REQUESTS Defendant asks the Court to sustain its demurrer because the complaint fails to state facts sufficient to consti...

Excerpt: ...ting sanctions against Plaintiffs pursuant to California Code of Civil Procedure section 2023.030. Trial is set for September 9, 2020. PARTY'S REQUESTS Defendant asks the Court to impose terminating sanctions against Plaintiffs for failing to abide by an October 1, 2019 Court order. Defendant also asks the Court to impose: (1) $443.15 in monetary sanctions against Plaintiff Guevara and his counsel of record and (2) $443.15 in monetary sanctions a...

Excerpt: ...infliction of emotional distress for an altercation that occurred on September 2, 2017. On April 15, 2019, Plaintiff Justin Bennett filed a first amended complaint adding an additional cause of action for fraud. On June 12, 2019, Defendants Uber Technologies, Inc., Rasier, LLC, and Rasier-CA, LLC filed a motion to compel arbitration pursuant to California Code of Civil Procedure section 1281.2. Trial is set for June 3, 2020. PARTIES' REQUESTS Def...

Excerpt: ...ion to compel the deposition of Plaintiff pursuant to California Code of Civil Procedure section 2025.450. Trial is set for March 20, 2020. PARTIES' REQUESTS Defendants ask the Court to compel Plaintiff's appearance and testimony at a deposition within 10 days of the hearing on this motion. Defendants also ask the Court to impose $763 in monetary sanctions against Plaintiff for Plaintiff's abuse of the discovery process. LEGAL STANDARD California...

Excerpt: ...pursuant to California Code of Civil Procedure section 1987.1. Trial is set for April 2, 2020. PARTY'S REQUESTS Plaintiff asks the Court to quash Defendant's deposition subpoena issued to Torrid, LLC arguing that it is overbroad and seeks information that is irrelevant and protected by Plaintiff's right to privacy. Plaintiff also asks the Court to impose $2,090 in monetary sanctions against Defendant and his counsel of record for forcing him to b...

Excerpt: ...SC Re: Contempt pursuant to California Code of Civil Procedure section 1209. Trial is set for July 23, 2020. PARTY'S REQUESTS Plaintiff asks the Court to set an OSC Re: Contempt against Defendant and his counsel for willful disobedience of a July 5, 2019 Court order. Plaintiff also asks the Court for $4,335 in attorney's fees and costs for bringing this motion. LEGAL STANDARD Code of Civil Procedure section 2023.010 provides, in relevant part: To...

Excerpt: ...premises liability for a trip-and-fall that occurred on June 2, 2018. On March 31, 2019, Plaintiff filed an amendment to the complaint renaming Doe 1 as Defendant ABM Aviation, Inc. On August 5, 2019, the Court dismissed the complaint as to Defendants ABM Industries Incorporated, ABM Government Services, Inc., ABM General Services, Inc., and ABM Global Facility Services. On November 12, 2019, Plaintiff filed a motion to quash eight deposition sub...

Excerpt: ...“Decedent”) death on August 22, 2017. On October 24, 2018, Defendants/Cross-Complainants Palms Center, LLC and Palms Center, LP filed a cross-complaint against Roes 1-50 seeking equitable indemnity, contribution, and declaratory relief. On January 2, 2019, Defendant/Cross-Complainant Trader Joe's Company filed a cross- complaint against Roes 1-50 seeking equitable indemnity, contribution, and declaratory relief. On October 4, 2019, Defendants...

Excerpt: ...Management, Doe 2 as Defendant Mohammed Haj Ahmad, and Doe 3 as Defendant Qamar Abbas Hairdry. On October 26, 2018, Defendant/Cross- Complainant Shlomo Botach dba Botach Management Company filed a cross-complaint against Defendant/Cross-Defendant Mohamed Haj Ahmad and Cross-Defendant Qamar Abbas Haidry. On June 20, 2019, the Court entered default against Defendant Mohamed Haj Ahmad. On September 30, 2019, Defendant/Cross- Complainant Shlomo Botac...

Excerpt: ... getting stuck in an MRI machine that Plaintiff was in, causing injuries on April 28, 2018. On November 19, 2019, Defendant Beverly Radiology Medical Group, Inc. dba Torrance Advanced Imaging Center filed a demurrer to Plaintiff's complaint pursuant to California Code of Civil Procedure section 430.10. Trial is set for April 6, 2021. PARTY'S REQUESTS Defendant Beverly Radiology Medical Group, Inc. dba Torrance Advanced Imaging Center (“Demurrin...

Excerpt: ...p, Inc. The complaint alleges sexual battery, assault, battery, false imprisonment, intentional infliction of emotional distress, negligence, negligent hiring, and vicarious liability for sexual harassment that occurred on October 9, 2016. On October 22, 2019, Defendant Dipu Haque filed a motion to quash the service of summons pursuant to California Code of Civil procedure section 418.10. On November 20, 2019, Defendant Sikder Holdings Internatio...

Excerpt: ...negligence per se for an automobile collision that occurred on August 24, 2015. On August 22, 2017, Plaintiff filed an amendment to his complaint renaming Doe 1 as Defendant Jonathan Edward Tate (erroneously sued as Jonathan Edwards). On November 12, 2019, Defendants Commercial Interior Acoustic Incorporated and Jonathan Edward Tate filed a request to deem matters within Request for Admissions (Set Two) as true as against Plaintiff pursuant to Ca...

Excerpt: ...e at an unsafe speed, failed to stop, and collided with the rear-end of Plaintiff's vehicle, the collision caused Plaintiff's vehicle to collide into the vehicle in front of her, and Plaintiff sustained injuries and damages. On February 2, 2018, Defendant filed an answer to the complaint. Trial is set for February 14, 2020. Expert discovery and motion cut-off dates are based on this trial date. (Court's 10/29/19 Minute Order.)] PARTY'S REQUEST De...

Excerpt: ...ions against unnamed employees and/or independent contractors hired by Defendant Los Angeles World Airports for the purpose of performing the cleaning, maintenance, construction, and/or inspection of the restrooms in the terminals at Los Angeles International Airport. On June 12, 2019, Plaintiff filed a second amended complaint (“SAC”) to allege punitive damages and name individuals Michael Christensen (“Christensen”), Sean O. Burton (“...

Excerpt: ...trusted their vehicle so as to cause a collision with Plaintiff's parked BMW, resulting in damages. On June 17, 2019, Defendants filed an answer to the complaint. Trial is set for September 9, 2020. PARTY'S REQUEST Defendants move for a protective order (1) striking Plaintiff's written discovery (as not calculated to lead to the discovery of admissible evidence and burdensome) or (2) giving Defendants until December 15, 2019 to respond and/or obj...

Excerpt: ...ion that occurred on June 7, 2015. On November 8, 2019, Plaintiff filed a motion to quash 12 subpoenas, or in the alternative, modify them because the requests for medical and billing records are overbroad as to scope and time and violate Plaintiff's right to privacy. Trial is set for July 13, 2020. PARTIES' REQUESTS Plaintiff requests that the Court quash Defendants' subpoenas for medical, billing, and x- ray records from the following entities:...

Excerpt: ...t Roop Garg (“Decedent”), which occurred on August 11, 2016. On August 8, 2018, Defendant/Cross-Complainant John C. Wei filed a cross-complaint against Defendants/Cross-Defendants Paul Ordinario, Behrooz Sumekh, and Yu Hung Kam seeking indemnity and declaratory relief. On August 14, 2018, Defendants/Cross-Defendants/Cross- Complainants Behrooz Sumekh and Yu Hung Kam filed a cross-complaint against Defendant/Cross-Complainant/Cross-Defendant J...

Excerpt: ...16. On January 25, 2018, Plaintiff filed a first amended complaint. On November 7, 2019, Defendant filed a motion to deem the matters in Request for Admissions (Set One) as true as against Plaintiff pursuant to California Code of Civil Procedure section 2033.280, subdivision (b). Also on November 7, 2019, Defendant filed a motion to compel Plaintiff's attendance and testimony at a deposition pursuant to California Code of Civil Procedure sections...

Excerpt: ...]. Defendants' motion to strike punitive damages from the second amended complaint is GRANTED with leave to amend. BACKGROUND On August 1, 2017, Plaintiff Ronald Green (“Plaintiff”) filed a complaint against Defendant Los Angeles World Airports alleging negligence for a slip-and-fall that occurred on January 31, 2017. On January 29, 2018, Plaintiff filed a first amended complaint to include allegations against unnamed employees and/or indepen...

Excerpt: ...hopping at Defendant's general discount store. On September 24, 2019, Defendant filed the instant motion for summary judgment or, in the alternative, summary adjudication. Plaintiff does not oppose. Trial is set for May 5, 2020. PARTY'S REQUESTS Defendant requests that this Court enter summary judgment against Plaintiff pursuant to Code of Civil Procedure section 437c on the grounds that there is no merit to Plaintiff's negligence and premises li...

Excerpt: ...window. On March 12, 2018, Defendants/Cross-Complainants Devine and Design Moulding, Inc. (filed a cross complaint against ROES 1 through 25 for (1) equitable indemnity, (2) contribution and (3) declaratory relief. On May 8, 2018, Devine and Design Moulding amended the Cross-Complaint to name Marlowe Enterprises of CA, LLC (“Marlowe”) as a Cross-Defendant. On August 30, 2019 Plaintiff amended the complaint to name Marlowe as a Defendant. On N...

Excerpt: ...iff filed the operative first amended complaint. On July 11, 2018, the Court sustained Defendants Richard Young[1]'s (“Richard”[2]) and Teresa Young (“Teresa”)'s demurrer and motion to strike the first amended complaint. Richard and Teresa are Defendant's parents and successfully argued that they did not have a special relationship either to Defendant Titus Young or Plaintiff Marcus Garland that would establish a duty of care to Plaintiff...

Excerpt: ...d retention, battery, intentional infliction of emotional distress, breach of implied warranty of merchantability, and strict products liability. Trial is set for March 3, 2021. PARTY'S REQUEST Defendant Applebee's Services, Inc. (“Defendant”) demurs to the 2 nd (vicarious liability), 4th (battery), and 5 th (intentional infliction of emotional distress) causes of action in the complaint of Plaintiff Jeffrey Holmes (“Plaintiff”). Defendan...

Excerpt: ...ed a first amended complaint (“FAC”) to allege additional facts. On November 12, 2019, Defendant filed a motion to strike pursuant to California Code of Civil Procedure section 435. Trial is set for November 24, 2020. PARTY'S REQUEST Defendant asks the Court for an order striking punitive damages from the FAC arguing that there is a failure to allege facts sufficient to show that Defendant acted with malice. LEGAL STANDARD Meet and Confer Req...

Excerpt: ...pril 25, 2017 and May 17, 2017. On September 25, 2019, Defendant Isaac Michael Minehart, M.D. filed a motion for summary judgment pursuant to California Code of Civil Procedure section 437c. Trial is set for March 16, 2020. PARTY'S REQUEST Defendant Isaac Michael Minehart, M.D. (“Moving Defendant”) asks the Court to enter summary judgment against Plaintiffs based on Moving Defendant's expert declaration opining that Moving Defendant complied ...

Excerpt: ...tinue trial pursuant to California Rules of Court, rule 3.1332. Trial is set for January 6, 2020. PARTY'S REQUEST Plaintiff requests that the Court continue trial for 30 days because Plaintiff's necessary witness, Andrew Mooney, D.C., is unavailable to appear at the currently scheduled trial. Defendants asks the Court for $2,000 in sanctions against Plaintiff's counsel for having to appear at his September 19, 2019 ex parte hearing where Plaintif...

Excerpt: ...e on July 9, 2018. On March 4, 2019, Defendant PIH Health Hospital‐Whittier (“Defendant Hospital”) filed a motion to compel Plaintiff Deanne Munroe (“Plaintiff”) to provide further responses to its Request for Production of Documents (Set One), and for sanctions against plaintiff and her attorneys of record in the amount of $885. This case is set for trial on April 16, 2020. PARTY'S REQUESTS Defendant Hospital asks that the Court issue ...

Excerpt: ...nt pursuant to California Code of Civil Procedure section 437c. Trial is set for April 10, 2020. PARTIES' REQUESTS Defendants request that the Court grant summary judgment in their favor and against Plaintiff arguing that Defendants did not have notice of the alleged dangerous condition. OBJECTIONS Plaintiff objects to paragraphs 2 of Defendants' declarations on the grounds that they constitute hearsay, lack foundation, are vague and ambiguous, c...

Excerpt: ...lleges assault, battery, false imprisonment, respondeat superior, negligent hiring, supervision, and retention, conversion, and punitive damages in relation to an altercation that occurred on May 12, 2019. On October 30, 2019, Defendant Maximus Protective Services, Inc. filed a demurrer to the complaint pursuant to California Code of Civil Procedure section 430.10 and a motion to strike portions of the complaint pursuant to California Code of Civ...

Excerpt: ...gos was a convicted 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.) Frayre asserts causes of a...

Excerpt: ...int renaming Doe 1 as Defendant Planned Parenthood of Los Angeles. On September 16, 2019, Plaintiff filed an amendment to her complaint renaming Doe 2 as Defendant Broadway Main Associates, LLC. On September 25, 2019, the Court entered summary judgement in Defendant Planned Parenthood Federation of America, Inc. favor and against Plaintiff. On October 10, 2019, Defendant Planned Parenthood Federation of America, Inc. filed a memorandum of costs. ...

Excerpt: ...tinue trial pursuant to California Rules of Court, rule 3.1332. Trial is set for January 6, 2020. PARTY'S REQUEST Plaintiff requests that the Court continue trial for 30 days because Plaintiff's necessary witness, Andrew Mooney, D.C., is unavailable to appear at the currently scheduled trial. Defendants asks the Court for $2,000 in sanctions against Plaintiff's counsel for having to appear at his September 19, 2019 ex parte hearing where Plaintif...

Excerpt: ...ants filed a motion to compel Plaintiff to appear at a physical examination beyond the 75-mile statutory limit pursuant to California Code of Civil Procedure section 2032.320. Trial is set for February 18, 2020. PARTY'S REQUESTS Defendants asks the Court to compel Plaintiff to appear for a physical examination 114 miles from Plaintiff's residence. LEGAL STANDARD California Code of Civil Procedure section 2032.220, subdivision (a) states: “In an...

Excerpt: ...denied Defendant's motion to enforce a settlement pursuant to California Code of Civil Procedure section 664.6. On October 9, 2019, Defendant filed a motion for reconsideration pursuant to California Code of Civil Procedure section 1008. An Order to Show Cause Re: Dismissal (Settlement) is set December 10, 2019 at 1:30 p.m. PARTY'S REQUESTS Defendant asks the Court to reconsider its denial of Defendant's motion to enforce a settlement arguing tha...

Excerpt: ...particular purpose for the rolling of an ATV on January 25, 2018. On October 31, 2019, Defendant Polaris Industries Inc. filed an application to admit Clem C. Trischler as counsel pro hac vice. Trial is set for March 19, 2021. PARTY'S REQUEST Clem C. Trischler seeks to be admitted before the Court pro hac vice, in order to represent Defendant Polaris Industries Inc. (“Polaris”). LEGAL STANDARD California Rule of Court, rule 9.40 provides that...

Excerpt: ...d on August 10, 2017. On December 11, 2018, the Court dismissed Defendant County of Los Angeles without prejudice. On December 28, 2018, the Court dismissed Defendant State of California without prejudice. On January 3, 2019, Plaintiff filed a first amended complaint omitting the negligence cause of action. On September 17, 2019, the Court dismissed Defendant City of Culver City without prejudice. On September 25, 2019, Defendant Los Angeles Coun...

Excerpt: ...emoving an extractor blade from a Nutribullet on December 9, 2017. On October 21, 2019, Defendant filed a motion to quash a trial subpoena pursuant to California Code of Civil Procedure section 1987.1. Trial is set for December 9, 2019. PARTY'S REQUESTS Defendant asks the Court to quash a trial subpoena issued to non-party Boris Treyzon for: (1) seeking documents that Mr. Tryzon is not qualified to certify, (2) being overbroad, (3) being designed...

Excerpt: ... 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, and declaratory relief. On November...

Excerpt: ...nt to her complaint renaming Doe 1 as Defendant Joseph Goff. On November 5, 2019, Defendants Hanna Goff, Jeanine Goff, Christopher Goff, and Joseph Goff (“Defendants”) filed a motion to continue trial pursuant to California Rules of Court, rule 3.1332. Trial is set for January 15, 2020. PARTIES' REQUEST Defendants ask the Court to continue trial and related dates to June 17, 2020 because Defendant Hanna Goff intends to graduate from Washingto...

Excerpt: ...19, Defendant filed a motion to compel Plaintiff's attendance at a physical examination pursuant to California Code of Civil Procedure section 2032.250 and a mental examination pursuant to California Code of Civil Procedure section 2032.320. Trial is set for February 21, 2020. PARTY'S REQUESTS Defendant asks the Court to compel Plaintiff to appear for examinations by an orthopedist, a neurologist, a neuropsychologist, and a psychiatrist because P...

Excerpt: ... renaming Doe 1 as Defendant Downey Wholesale, Inc. On September 19, 2019, the Court found BC718932 to be related to BC714536 and 19STCV01234. On November 8, 2019, Plaintiff filed a motion to compel Defendant Downey Wholesale, Inc. to designate and produce the persons most qualified to testify to the subjects listed in her deposition notice pursuant to California Code of Civil Procedure section 2025.450, subdivision (a). Trial is set for February...

Excerpt: ...��) replacing Defendant Dawn Dominque Diaz Munoz with Defendant Dawn Dominique Olazabal Munoz. On September 18, 2019, the Court granted leave to file a second amended complaint (“SAC”). On October 23, 2019, Defendants Dawn Dominique Olazabal Munoz and Jesse Munoz filed a motion to strike punitive damages pursuant to California Code of Civil Procedure section 435. Trial is set for September 18, 2020. PARTIES' REQUEST Defendants Dawn Dominique ...

Excerpt: ...red on April 5, 2015. On January 23, 2019, Defendants/Cross-Complainants Compton Community College District and El Camino Community College District filed a cross-complaint against Defendant/Cross-Defendant Greater Zion Church alleging equitable indemnity, express indemnity, implied indemnity, comparative indemnity, contribution, and declaratory relief. On April 23, 2019, Defendant/Cross-Defendant/Cross-Complainant Greater Zion Church filed a cro...

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

Excerpt: ...obile collision tat occurred on April 20, 2018. On September 12, 2019, Defendants All Access Equipment Rentals, Inc. and James Cleveland Willis, Jr. filed a demurrer to Plaintiff's complaint pursuant to California Code of Civil Procedure 430.10. On October 23, 2019, the Court continued Defendants' All Access Equipment Rentals, Inc. and James Cleveland Willis, Jr.'s demurrer to allow for the filing of a code-compliant meet- and-confer declaration....

Excerpt: ...ing a 600-meter race that occurred on December 15, 2018. On August 28, 2019, Defendant William S. Hart Union High School District filed a demurrer to Plaintiff's complaint pursuant to California Code of Civil Procedure 430.10. On October 23, 2019, the Court continued the hearing on Defendant William S. Hart Union High School District's demurrer due to the Court's congested calendar. Trial is set for October 20, 2020. PARTY'S REQUEST Defendant Wil...

Excerpt: ...e Group, and Sovereign Healthcare (“Defendants”). The complaint alleges medical malpractice for deficient treatment provided on December 15, 2016. On May 17, 2019, Defendant Geoffrey A. O'Neill, M.D. 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 February 18, 2020. PARTY'S REQUEST Defendant Geoffrey A. O'Neill, M.D. (“Moving Defen...

Excerpt: ...ptember 24, 2018 in front of Santa Monica Community College Emeritus. On September 23, 2019, Plaintiff filed a first amended complaint (“FAC”). On October 10, 2019, Defendants Lyft, Inc. and City of Santa Monica each filed a demurrer pursuant to California Code of Civil Procedure section 430.10. Trial is set for January 12, 2021. JUDICIAL NOTICE Lyft asks the Court to take judicial notice of a Product Rental, Waiver of Liability and Release A...

Excerpt: ...uly 22, 2016. On March 5, 2019, Defendant Sam's West, Inc. filed a motion for summary judgment, or in the alternative, summary adjudication on the grounds that Defendant Sam's West, Inc. did not create the dangerous condition and Defendant Sam's West, Inc. did not have notice of the dangerous condition. On March 26, 2019, Plaintiff dismissed Defendant Walmart with prejudice. Trial is set for December 18, 2019. PARTY'S REQUEST Defendant Sam's West...

Excerpt: ...of Los Angeles filed a cross-complaint seeking indemnification, apportionment of fault, and declaratory relief from Roes 1 through 50. On July 20, 2017, Plaintiffs filed a First Amended Complaint against Defendant City of Los Angeles. On July 26, 2018, Cross-Complainant Housing Authority of the City of Los Angeles filed a cross-complaint against Cross-Defendant California Averland Construction, Inc. seeking express indemnity, implied indemnity, c...

Excerpt: ...premises liability for a trip-and-fall that occurred on December 22, 2016. On June 6, 2018, Plaintiff amended the complaint to replace Defendants CHA Hollywood Medical Center, LP, City of Los Angeles, and Hollywood Presbyterian Medical Center with Defendants Children's Hospital Los Angeles, Children's Hospital Los Angeles Medical Foundation, and Children's Hospital Medical Group, Inc. On June 7, 2018, Plaintiff amended the complaint to name Child...

Excerpt: ...le and general negligence for an automobile collision that occurred on May 15, 2017. On September 18, 2017, Defendant Poming Chang filed a cross-complaint against Plaintiff seeking indemnification, apportionment of fault, and declaratory relief. On May 7, 2019, Defendant Well and Fit Adult Day Health Center, Inc. filed a motion to continue trial to October 21, 2019 and the related dates because Defendant Well and Fit Adult Day Health Center, Inc....

Excerpt: ...rt for an automobile collision that occurred on January 5, 2015. On August 14, 2017, Plaintiffs filed a First Amended Complaint omitting the cause of action for an intentional tort. On March 21, 2019, Defendants filed motions to compel Plaintiffs' responses to Form Interrogatories (Set Three) and to Request for Production of Documents (Set Three). Trial is set for June 24, 2019. PARTES' REQUESTS Defendants request that the Court issue an order co...

Excerpt: ... Defendant filed a motion for summary judgment on the grounds that there is no triable issue of material fact regarding whether Defendant breached a duty of care to Plaintiff that caused his injuries. Trial is set for October 7, 2019. PARTY'S REQUEST Defendant requests that this Court enter summary judgment against Plaintiff pursuant to Code of Civil Procedure section 437cbased on Defendant's expert opinion that Defendant did not breach a duty of...

Excerpt: ...On April 5, 2019, Defendant LBA/CPT Industrial Company V, LLC (erroneously sued as LBA/CPT Industrialcompany LLC)filed a motion for leave to file a cross-complaint against Defendant Performance Food Group, Inc. Trial is set for January 1, 2020. PARTY'S REQUEST Defendant LBA/CPT Industrial Company V, LLC (erroneously sued as LBA/CPT Industrialcompany LLC) (“Moving Defendant”) requests that the Court grant leave to file a cross-complaint agains...

Excerpt: ...al to November 22, 2019 and to reopen discovery because there has been a recent substitution of counsel, several witnesses need to be deposed, and an expert opinion needs to be explored. Trial is set for June 7, 2019. PARTY'S REQUESTS Defendant asks the Court for an order continuing trial to November 22, 2019 and reopening discovery for Defendant to depose several witnesses and decide whether an expert opinion is necessary. LEGAL STANDARD Pursuan...

Excerpt: ...n for summary judgement on the basis that Defendant did not owe a duty to Plaintiff because the assault was unforeseeable and Defendant did not have knowledge of similar incidents involving the assaulting non-party. Trial is set for September 23, 2019. PARTY'S REQUEST Defendant requests this court for an order granting summary judgment in its favor because there is no triable issue of material fact that Defendant did not owe a duty to Plaintiff a...

Excerpt: ...t Amended Complaint (“FAC”) to allege additional facts to the complaint filed on January 4, 2019. On April 29, 2019, Defendant Alhambra Unified School District filed a demurrer to Plaintiff's complaint on the grounds that it fails to plead sufficient facts to state a cause of action for a premises liability and that the first and third causes of action are duplicative. Trial is set for July 6, 2020. PARTY'S REQUEST Defendant Alhambra Unified ...

Excerpt: ...February 4, 2019, Plaintiffs filed their First Amended Complaint against Defendants Steven Tyler Ritchie, Peacock Engineering, Inc., EAN Holdings, Inc., and Enterprise Rent-A- Car Company of Sacramento, LLC alleging motor vehicle and general negligence for an automobile collision that occurred on May 25, 2015 On April 22, 2019, Defendants EAN Holdings, LLC (erroneously filed and served as EAN Holdings, Inc. and Enterprise Rent-A-Car Company of Sa...

Excerpt: ...parking structure came down and struck both Plaintiffs to the ground on January 14, 2016. On April 30, 2019, Plaintiffs filed an amendment to the complaint naming Defendant Mrs. Gooch's Natural Food Market, Inc. as Doe 1. On May 3, 2019, Defendant Mrs. Gooch's Natural Food Market, Inc. filed a motion to continue trial to September 4, 2020 to prepare for trial. Trial is set for June 27, 2019. PARTY'S REQUESTS Defendant Mrs. Gooch's Natural Food Ma...

Excerpt: ...tion to reclassify this action from an unlimited jurisdiction matter to a limited jurisdiction matter because Plaintiff's existing medical records show that there were no fractures or recommended surgery subsequent to the incident. Trial is set for August 13, 2019. PARTY'S REQUEST Plaintiff requests that the Court reclassify this action as a limited jurisdiction matter pursuant to California Code of Civil Procedure section 403.040. LEGAL STANDARD...

Excerpt: ...Plaintiff filed an amendment to the complaint naming Enterprise Rent-A-Car Company of Los Angeles, LLC as DOE 1. On April 22, 2019, Defendant EAN Holdings, LLC filed a demurrer to Plaintiff's complaint on the grounds that it fails to plead sufficient facts to state a cause of action for negligence, the complaint is uncertain, and the Graves Amendment renders Defendant EAN Holdings, LLC as immune from this action. Trial is set for June 26, 2020. P...

Excerpt: ...rance Company filed a motion for leave to intervene in subrogation for Plaintiff. Trial is set for July 17, 2019. PARTY'S REQUEST Non-party Mercury Insurance Company (“Moving Non-Party”) seeks leave to file a complaint in this action because Moving Non-Party provides insurance to Plaintiff and has a subrogation claim arising from damage to Plaintiff's vehicle, which is one of the same losses asserted in this action sought by its insured, Plai...

Excerpt: ...) tortious breach of implied warranty of habitability; (3) statutory breach of warranty of habitability (Cal. <004a004f004c004a004800 00030053005500480050>ises liability; (6) violation of <0026004c00590011000300 001c0017001a00110014>1; (7) nuisance; (8) collection of rent on substandard dwelling in violation of Cal. Civ. Code § 1942.4; (9) constructive eviction; (10) breach of covenant of quiet enjoyment; (11) intentional infliction of emotional...

Excerpt: ..., Defendant filed a motion for summary judgment, or in the alternative, summary adjudication on the grounds that Defendant did not have notice of the dangerous condition and Defendant did not create the dangerous condition. Trial is set for December 30, 2019. PARTY'S REQUEST Defendant requests the Court for an order granting summary judgment, or in the alternative, summary adjudication against Plaintiff pursuant to California Code of Civil Proced...

Excerpt: ...e complaint to name Christopher Lavar Turpin as Doe 1. On February 21, 2018, Defendant Christopher Lavar Turpin filed a cross-complaint against Plaintiff for negligence, battery, and intentional infliction of emotional distress, for physical harassment that occurred on March 26, 2015. On March 20, 2019, Defendant Christopher Lavar Turpin filed a motion for terminating sanctions dismissing Plaintiffs' complaint for a history of abuse of the discov...

Excerpt: ...Company, and Doe Security Guard. The complaint alleged wrongful death based on medical malpractice and negligence for decedent Delmy Granados' death due to self-strangulation that occurred on September 4, 2017. On May 2, 2019, Plaintiff Berta Ramirez filed three petitions to approve a compromise of pending action for Plaintiffs JassonAnderson, Barrera Granados, Hellen Granados Alvarez and Edgary Johnny Urruta Granados. On May 14, 2019, Petitioner...

Excerpt: ...ased onPlaintiff Gregory Yongpae's death on July 30, 2018. PARTY'S REQUEST Defendant requests this court to dismiss this action pursuant to California Code of Civil Procedure sections 366.1, 377.31. LEGAL STANDARD “It is the policy of the state that a plaintiff shall proceed with reasonable diligence in the <0033005500520046001100 001600130011000c0003> California Code of Civil Procedure section 583.150 states: “This chapter does not limit or ...

Excerpt: ...judgment on the grounds that there is no triable issue of material fact indicating Defendant breached a duty of care to Plaintiff Judith Bahan or caused Plaintiff Judith Bahan's injuries. Trial is set for September 26, 2019. PARTY'S REQUEST Defendant asks this court to enter summary judgment against Plaintiff pursuant to Code of Civil Procedure section 437c based on Defendant's expert declaration opining that Defendant did not breach a duty of ca...

Excerpt: ... occurred on November 5, 2013. Filed on December 5, 2016, the Proof of Service of Summons on Defendant Fred Douglas Colbert (“Defendant Colbert”)indicates that substituted service was accomplished on November 15, 2016 by leaving copies of the complaint, summons, statement of damages and other initiating documents with “Sister Christina Colbert” at 7026 Newell Street, Huntington Park, CA 90255 and mailing these documents to Defendant Colbe...

Excerpt: ...against Plaintiff Rudy Martinez seeking indemnification, apportionment of fault, and declaratory relief. On April 26, 2019, Elaine J. Kim filed a motion to be relieved as counsel on behalf of Doherty & Catlow and Paul F. Sullivan & Associates, attorneys for Plaintiff Rudy Martinez, due to a substitution of counsel. Trial is set for January 7, 2020. PARTY'S REQUEST Doherty & Catlow and Paul F. Sullivan & Associates seek to be relieved as counsel f...

Excerpt: ...8, 2017. On November 28, 2018, Defendants Josie Mae Messina, Michael Messina, and Terri S. Messina filed a cross-complaint seeking apportionment and indemnity from Roes 1-100. On March 15, 2019, Defendant Alberto Vasquez (“Moving Defendant”) filed a motion for determination of good faith settlement for an agreement that had been entered into between Defendant Alberto Vasquez and Plaintiff Jonathan Lee. On May 8, 2019, Defendant Alberto Vasque...

Excerpt: ... on the grounds that it failed to state sufficient facts to constitute a cause of action for negligence against Defendant EAN Holdings, LLC, that the complaint is uncertain, and that the Graves Amendment renders Defendant EAN Holdings, LLC immune from this action. Trial is set for June 16, 2020. PARTY'S REQUEST Defendant Enterprise EAN Holdings, LLC (“Demurring Defendant”) requests that the Court sustain its demurrer to Plaintiff's complaint ...

Excerpt: ...lity for a trip-and-fall that occurred on December 22, 2016. On June 6, 2018, Plaintiff amended the complaint to replace Defendants CHA Hollywood Medical Center, LP, City of Los Angeles, and Hollywood Presbyterian Medical Center with Defendants Children's Hospital Los Angeles, Children's Hospital Los Angeles Medical Foundation, and Children's Hospital Medical Group, Inc. On June 7, 2018, Plaintiff amended the complaint to name Children's Hospital...

Excerpt: ...iff filed an amendment to the complaint naming Defendant Michael Abrams as Doe 1. On February 11, 2019, Plaintiff filed an amendment to the complaint naming Defendant Uber Technologies, Inc. as Doe 2. On March 14, 2019, Plaintiff filed an amendment to the complaint naming Defendant Hussain Hirjer as Doe 3. On May 2, 2019, Defendant Hussain Hirjer filed a cross-complaint seeking equitable indemnity, contribution, and declaratory relief from Michae...

Excerpt: ...overnment Code section 815.2 and violations of Civil Code sections 2013, 2100, and 2101. On December 31, 2018, Plaintiff amended the complaint to name Defendant Gavin Curry as Doe 1. On April 22, 2019, Defendant Los Angeles County Metropolitan Transportation Authority (“Moving Defendant”) filed a motion for a continuance of trial and all related dates because of counsels' conflicting schedules, Plaintiff's medical examination, pending expert ...

Excerpt: ... of Transportation (“Defendants”). The complaint alleged motor vehicle negligence, general negligence, and a dangerous condition of public property for an automobile collision that occurred on August 19, 2019. <0003004400510047000300 004c0048004f00030035[ohrer filed a cross- complaint seeking apportionment of fault, indemnification, and declaratory relief against City of Los Angeles, City of Los Angeles Department of Transportation, City of L...

Excerpt: ...ation on October 24, 2018. On January 15, 2019, Plaintiff filed his First Amended Complaint (“FAC”) against Defendant alleging negligence and premises liability for injuries for a slip-and-fall that occurred on October 24, 2018. On April 24, 2019, Defendant filed a demurrer to the FAC on the grounds that the FAC does not state sufficient facts for the negligence or premises liability causes of action and the FAC is uncertain. Also on April 24...

Excerpt: ...int alleges premises liability against Defendants for a slip-and-fall that occurred on January 29, 2017. On March 12, 2019, Plaintiff filed a motion to compel Defendant American Multi- Cinema, Inc. to produce its custodian of records for a deposition and to compel Defendant American Multi-Cinema, Inc. to produce documents for a failure to comply with discovery. Trial is set for June 10, 2020. PARTY'S REQUESTS Plaintiff asks the Court for an order...

Excerpt: ... Opposing Party filed a complaint against Moving Party alleging general and motor vehicle negligence for an accident that occurred on December 9, 2015. <0055004800470003004700 004a0044004c00510056[t Moving Party. On October 4, 2018, in BC679223, Moving Party filed a motion to set aside an entry of default and a default judgment on the grounds that Moving Party did not receive actual notice of the summons or complaint. On January 17, 2019, in BC67...

Excerpt: .... (“Moving Defendant”) filed a motion to strike punitive damages from Plaintiff's complaint filed on December 19, 2018. Trial is set for June 17, 2020. PARTY'S REQUEST Moving Defendant asks this Court for an order striking punitive damages from the complaint 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 f...

Excerpt: ...strike punitive damages from Plaintiff's complaint filed on November 13, 2018. Trial is set for May 12, 2020. PARTY'S REQUEST Defendant asks this Court for an order striking punitive damages from the complaint 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 motion to strike the whole complaint ...

Excerpt: ...4, the Court continued trial from February 8, 2019 to May 9, 2019 and continued the motion cut-off dates to follow the new trial date. On March 7, 2019, Defendant filed a motion for leave to file an amended answer to assert an affirmative defense related to California Civil Code section 3333.4. <0055005200500003003000 0014001c000300570052[ June 10, 2019, but the Court did not continue the motion cut-off date. On April 8, 2019, Defendant filed a m...

Excerpt: ...ndant City of Los Angeles filed a Cross-Complaint against Cross-Defendants Marie Quon and Trustee of Marie Quon Trust. On February 22, 2019, Defendant City of Los Angeles filed a motion to compel responses from Plaintiff to Request for Production of Documents (Set One) due to Plaintiff's failure to respond. Trial is set for July 23, 2019. PARTY'S REQUESTS Defendant City of Los Angeles (“Moving Defendant”) requests that the Court issue an orde...

Excerpt: ...r 28, 2015. On August 23, 2018, Plaintiff filed a First Amended Complaint (“FAC”) that excluded Plaintiff's previous allegation of general negligence. On April 19, 2019, Defendant filed a motion for judgment on the pleadings on the grounds that Plaintiff's complaint is barred by a February 6, 2018 order from Judge Mary H. Strobel under California's Government Tort Claims Act. Trial is set for December 27, 2019. PARTY'S REQUESTS Defendant requ...

Excerpt: ...d a motion for a continuance of trial and all related dates because Defendants have recently discovered that it has been recommended that Plaintiff David Dimaya have a spinal fusion surgery. Trial is set for June 10, 2019. PARTY'S REQUESTS Defendant request the Court for an order continuing trial, the final status conference, and all expert, discovery, and motion cut-off dates for 120 to 180 days. LEGAL STANDARD Pursuant to California Rules of Co...

Excerpt: ... automobile collision that occurred on October 23, 2015. On February 26, 2019, Defendants filed a motion for summary judgment on the grounds that Defendants did not breach any duty owed to Plaintiffs and Defendants did not cause Plaintiffs' injuries. Trial is set for June 17, 2019. PARTY'S REQUEST Defendants request the Court for an order granting summary judgment in their favor arguing there is no triable issue of material fact regarding breach ...

Excerpt: ...nt filed a motion for leave to file a cross-complaint against Ernesto Rodelo because it arises out of the same transactions and occurrences as Plaintiff's complaint. Trial is set for October 11, 2019. PARTY'S REQUEST Defendant requests the Court for an order granting leave for Defendant to file a cross- complaint against Ernesto Rodelo for indemnification, apportionment of fault, and declaratory relief. LEGAL STANDARD California Code of Civil Pro...

Excerpt: ...”) seeking damages and other relief for alleged <000301020176011a000301 019a0003017d01100110>urred at Moving Defendant's restaurant on April 1, 2015. On January 3, 2019, Defendant served Requests for Admissions, Set Three, on Plaintiff. Plaintiff served responses on March 7, 2019, consisting solely of objections. Although <01900189017d0176019001 01900189017d01760190>e to Defendant's meet and confer efforts, new supplemental responses were never...

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 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 April 18, 2019, County of Los Angeles (“Moving Defendant”) filed a motion for leave to file a cross-complaint agains...

Excerpt: ... 3706 for an incident where Plaintiff fell through a skylight while cleaning solar panels on a roof on June 21, 2018. On March 6, 2019, Plaintiff filed an amendment to his complaint to name Thrifty Oil, Co. as Defendant Doe 1. <005200550003004f004800 004c004f004800030044> first amended complaint to allege causes of action for strict liability and a breach of implied warranty against a new defendant. Trial is set for February 24, 2020. PARTY'S REQ...

Excerpt: ...motion to reclassify this action from an unlimited jurisdiction matter to a limited jurisdiction matter because Plaintiff is unable to seek non- economic damages. Trial is set for June 26, 2019. PARTY'S REQUEST Plaintiff asks the Court for an order reclassifying this action as a limited jurisdiction matter pursuant to California Code of Civil Procedure section 403.040. LEGAL STANDARD Actions in which the amount in controversy is $25,000.00 or les...

Excerpt: ...r a continuance of trial and all related dates because Plaintiff had undergone a multi-level lumbar fusion surgery and is expected to require 12-18 months of recovery time. Trial is set for July 25, 2019. PARTY'S REQUESTS Defendant request the Court for an order continuing trial to March of 2020 and the final status conference and all expert, discovery, and motion cut-off dates to follow the new trial date. LEGAL STANDARD Pursuant to California R...

Excerpt: ...y Gallardo, M.D., Dr. Cary Gallardo, M.D., Dr. Greg Marconi, M.D.(“Defendants”). The complaint alleges medical malpractice and wrongful death for treatment that was administered in November of 2017. On April 12, 2019, Yana G. Henricks, Esq. filed a motion to be relieved as counsel for Plaintiffs due to a breakdown incommunication in the attorney-client relationship. Trial is set for June 29, 2020. PARTY'S REQUEST Plaintiffs' counsel of record...

Excerpt: ...hird-party.) Both incidents occurred on June 6, 2015. On January 8, 2019, Defendant filed a motion for summary judgement, or in the alternative, a motion for summary adjudication on the basis that Defendant did not breach a duty that would support Plaintiff's negligence claim. Defendant also argues in this motion that Defendant did not owe a duty, breach a duty, or cause harm from a breach of any duty to Plaintiff with respect to Plaintiff's prem...

Excerpt: ...from treatment administered in February of 2016. On January 7, 2019, Defendant Providence Saint John's Health Center (“Moving Defendant”) filed a motion for summary judgment based on an expert declaration that there are no issues of triable fact regarding breach and causation for medical negligence. Trial is set for February 19, 2020. PARTY'S REQUEST Moving Defendant requests that the Court grant summary judgment in its favor arguing that the...

Excerpt: ...ctive order pertaining to Plaintiff Allen Richman's Form Interrogatories (Set Two) and Requests for Admissions (Set One) on the grounds that (1) Defendant has advanced Alzheimer's disease, (2) Plaintiff Allen Richman passed away and no estate has been added to this case; and (3) that Plaintiff's discovery is overly burdensome and oppressive. Trial is set for August 26, 2019. PARTY'S REQUESTS Defendant asks the Court for an order relieving Defenda...

Excerpt: ...dual 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. Trial is set for September 20, 2019. PARTY'S REQUESTS Plaintiff requests leave to amend his complaint to name Defendant's individual board members as defendants and amend his complaint to include a punitive claim for damages. LEGAL STANDARD California Code of Civil Proce...

Excerpt: ...filed a motion to compel further discovery responses from Plaintiff in connection with two requests for production of documents. Through Document Request number 3, Defendant asked for the production of “all wage/income statement” and other documents “pertaining to any claim for loss of earning, income profits, commissions or salaries as a result of the claimed incident.” Request for Production number 6 asked for “depth the declaration p...

Excerpt: ...o case numbers BC711084 and BC714047. On June 21, 2018, Plaintiff Gemma Torres filed a complaint against Defendants Keith Anthony Gerald Freeman and Instrument Services, Inc. alleging negligence, gross negligence, negligence per se, and negligent entrustment for the October 15, 2016 vehicle collision. On January 30, 2019, Plaintiff Gemma Torres filed a First Amended Complaint alleging negligence and premises liability against Defendants Lindero H...