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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ..., 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: ...(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: ...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: ...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: ...05c000300 0058004a004b0003004b[is guardian ad litem, Elsa Magali Varela, filed a complaint against Defendant Louise J. Felix alleging negligence and premises liability for an electrocution that occurred on May 15, 2013. In BC589142, on August 3, 2015, Plaintiff M.B., by and through his guardian ad litem, Elsa Magali Varela, filed an amended complaint to name Does 1-25 as defendants. In BC580317, on September 18, 2015, Defendant Felix filed a cros...

Excerpt: ... the service of summons as the wrong entity was served. Trial is set for August 18, 2020. PARTY'S REQUEST Defendants Lamar Advertising Co. (“Moving Defendant”) request that this Court issue an order quashing service of summons on Moving Defendant due to a failure of the summons to name the correct entity. LEGAL STANDARD A defendant may serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction of the c...

Excerpt: ...le collision that occurred onFebruary 27, 2016. On February 13, 2019, the Court ordered Plaintiffs to serve on Defendant verified responses, without objections, to Defendant's Form Interrogatories, Special Interrogatories, and Request for Production of Documents and Things (All Set One) within 20 days. The Court also ordered Plaintiffs to produce all documents and things in Plaintiffs' possession, custody, or control, which are responsive to Defe...

Excerpt: ...8. On April 2, 2019, Plaintiff filed a motion for preference in specially setting trial due to Plaintiff's age and health. Trial is set for June 1, 2020. PARTY'S REQUEST Plaintiff requests the Court for a preferential trial date to be set within 120 days from the date that Plaintiff's motion is grantedpursuant to California Code of Civil Procedure section 36, subdivisions (d) and (e). LEGAL STANDARD California Code of Civil Procedure section 36 s...

Excerpt: ...nded the complaint to name CVS Pharmacy as Doe 1. On April 9, 2019, Plaintiff filed a Second Amended Complaint alleging professional negligence and ordinary negligence againstDefendant Aviva Iofel, M.D. and Defendant Garfield Beach CVS, L.L.C. for a wrongful prescription and distribution of Warfarin. On May 9, 2019, Defendant Garfield Beach CVS, L.L.C. filed a demurrer and motion to strike to Plaintiff's Second AmendedComplaint due to a lapse of ...

Excerpt: ...t occurred on June 3, 2017. On March 26, 2019, Defendants filed a motion to dismiss the complaint, and for terminating sanctions or evidentiary sanctionsfor Plaintiffs' failure to respond to discovery and obey a February 6, 2019 Court order. Trial is set for September 9, 2019. PARTIES REQUESTS Defendants request that the Court either dismiss Plaintiffs' complaint, issue terminating sanctions, or issue evidentiary sanctionsbecause of Plaintiffs' f...