Excerpt: ...Pelszyk (“Pelszyk”). On July 9, 2021, Defendant Pelszyk filed this instant demurrer. On August 4, 2021, Plaintiff filed an Opposition. On August 10, 2021, Defendant Pelszyk filed a Reply. Trial is set for July 15, 2022. PARTY'S REQUEST Defendant Pelszyk requests the Court sustain the demurrer as Defendant Pelszyk contends that the statute of limitations has lapsed, and that Plaintiff was not genuinely unaware of Defendant Pelszyk's identity a...

Excerpt: ...from a power line collapse that resulted in the death of Ferdinand Tejada and Janina Reyn Madrigal (“Decedents”). On June 9, 2021, Plaintiffs filed a First Amended Complaint. On July 13, 2021, Defendant LADWP filed this instant demurrer and motion. On July 30, 2021, Plaintiffs filed an Opposition to each. On August 5, 2021, Defendant LADWP filed a Reply. Trial is set for October 14, 2021. PARTY'S REQUEST Defendant demurs to the First Cause of...

Excerpt: ...s of action arising from a slip-and-fall that occurred on August 4, 2016. On July 30, 2018, Plaintiff filed a First Amended Complaint. On February 9, 2021, Defendant filed these instant motions to compel. Trial is scheduled for November 2, 2021 PARTY'S REQUEST Defendant requests the Court compel Plaintiff to provide verified responses without objection to the discovery requests. Defendant additionally requests $2,025.00 in sanctions be awarded ag...

Excerpt: ...fied School District; Barry Walsh; and DOES 1 – 20, inclusive (collectively, “Defendants”) alleging 1 cause of action arising from a school experiment that resulted in injury, which occurred on September 28, 2018. On May 20, 2021, Defendants filed this instant motion for summary judgment. On July 22, 2021, Plaintiff filed an Opposition. On July 30, 2021, Defendant filed a Reply. Trial is set for December 1, 2021. PARTY'S REQUEST Defendants ...

Excerpt: ...an amendment and named DOE 2 as Dr. Verna Liss (“Liss”). On July 9, 2021, Plaintiff filed this instant motion. On July 28, 2021, Defendant Liss filed an Opposition. Trial is set for March 16, 2022. PARTY'S REQUEST Plaintiff requests the Court compel the testimony of Dr. Verna Liss and issue monetary sanctions in the total sum of $1,580.00. LEGAL STANDARD Code of Civil Procedure section 2025.010 provides: Any party may obtain discovery within ...

Excerpt: ...17, 2021, Defendant Yadegar filed this instant motion. Trial is set for October 25, 2021. PARTY'S REQUEST Defendant Yadegar requests the Court grant summary judgment on the basis that the undisputed evidence demonstrates that Defendant Yadegar's treatment of patient did not fall below the standard of care. LEGAL STANDARD Summary Judgment A summary judgment may be granted where it is shown that the “action has no merit or that there is no defens...

Excerpt: ...Gogri v. Jack in the Box Inc. (2008) 166 Cal. App. 4th 255, 262.) The common thread that exists in the cases where a plaintiff's dismissal was seen to have disrupted the summary judgment process is that the plaintiff was facing an inevitable termination of the action as a matter of law (sometimes referred to as “determinative adjudication”) and only sought dismissal as a “mere formality” in hopes of being relieved from the inevitability o...

Excerpt: ...lision on January 19, 2020 that resulted in Decedent's death. On July 1, 2021, Defendant filed this instant motion to strike. On July 27, 2021, Plaintiff filed an Opposition. On August 2, 2021, Defendant filed a Reply. Trial is set for November 10, 2022. PARTY'S REQUEST Defendant requests the Court grant the motion and strike the portions of Plaintiff's Complaint relating to punitive damages. Specifically, Defendant moves the Court to strike the ...

Excerpt: ...ospital of Pittsburgh, (collectively, “Defendants”) alleging 7 causes of action arising from medical treatment and refusal of medical treatment that occurred from February 27, 2018 to March 20, 2018. On July 13, 2021, Defendants Dr. Sarah Farag and Advanced Urgent Care of Beverly Hills Management, LLC (“Moving Defendants”) filed these instant identical motions through counsel Vincent A. Maeder. On July 27, 2021, Plaintiff filed an Opposit...

Excerpt: ... 20, inclusive (collectively, “Defendants”), alleging 8 causes of action arising from an attempted murder that occurred on October 23, 2017. On May 18, 2021, Plaintiff filed a First Amended Complaint (“FAC”). On July 8, 2021, Defendant Wendy Lyn Semkus (“Wendy”) filed this instant Demurrer. Trial is set for September 7, 2022. PARTY'S REQUEST Defendant Wendy requests the Court grant the Demurrer as to the Sixth, Seventh, and Eighth Cau...

Excerpt: ...ied School District; Barry Walsh; and DOES 1 – 20, inclusive (collectively, “Defendants”) alleging 1 cause of action arising from a school experiment that resulted in injury, which occurred on September 28, 2018. On May 20, 2021, Defendants filed this instant motion for summary judgment. On July 22, 2021, Plaintiff filed an Opposition. On July 30, 2021, Defendant filed a Reply. Trial is set for December 1, 2021. PARTY'S REQUEST Defendants c...

Excerpt: ...bruary 2, 2021. On July 9, 2021, Defendants filed this instant demurrer. On July 23, 2021, Plaintiff filed an Opposition. On July 29, 2021, Defendants filed a Reply. Trial is set for November 22, 2021. PARTY'S REQUEST Defendants request the Court sustain the demurrer because the Complaint is time-barred. LEGAL STANDARD Meet and Confer Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleadin...

Excerpt: ...021, Defendant St. Agnes Medical Center (“SAMC”) filed the instant motion to transfer. On July 23, 2021, Plaintiff filed an Opposition. Also on July 23, 2021, Defendant Tarek Bittar, M.D. (“Bittar”) filed an Opposition. On July 29, 2021, Defendant SAMC filed a Reply. Trial is set for August 15, 2021. PARTY'S REQUEST Defendant requests the Court grant the motion and transfer the matter to the Superior Court of California, County of Fresno....

Excerpt: ...efendants”) alleging 2 causes of action arising from a motor vehicle collision that occurred on April 11, 2019. On May 26, 2021, Defendant AVIS filed this instant motion for summary judgment. On July 22, 2021, Plaintiff filed their Opposition. On August 2, 2021, Defendant filed a [late] Reply. Trial is set for October 22, 2021. PARTY'S REQUEST Defendant AVIS requests the Court grant the motion, as absent any finding of criminal wrongdoing or a ...

Excerpt: ...nt motion to compel IME. On July 23, 2021, Plaintiff filed an Opposition. On July 28, 2021, Defendant filed a Reply. Trial is set for May 11, 2022. PARTY'S REQUEST Defendant requests the Court compel Plaintiff to appear for a Physical/Orthopedic Examination on November 5, 2021, at 9:30 a.m., with Dr. Michael Weinstein of California Orthopedic Services (360 San Miguel Drive, Suite 701, Newport Beach, CA 92660) for a series of tests. LEGAL STANDARD...

Excerpt: ...collectively, “Defendants”) alleging 1 cause of action arising from a motor vehicle collision that occurred on February 15, 2019. On May 10, 2021, Defendant Pacific Bell Telephone Company d/b/a AT&T (“PBTC”) filed this instant motion. On July 21, 2021, Plaintiff filed an Opposition. On July 29, 2021, Defendant PBCT filed a Reply. Trial is set for November 30, 2021. PARTY'S REQUEST Defendant PBCT requests the Court grant the motion and ord...

Excerpt: ... Amended Complaint (“FAC”), alleging the same cause of action but reflecting that Defendant was intoxicated and had an open alcohol container in her vehicle at the time. On June 29, 2021, Defendant filed this instant motion to strike. On July 13, 2021, Plaintiff filed an Opposition. On July 26, 2021, Defendant filed a Reply. Trial is set for June 22, 2022. PARTY'S REQUEST Defendant contends that Plaintiff has failed to demonstrate facts suffi...

Excerpt: ...icycle collision that occurred on July 15, 2018. On July 7, 2021, Plaintiff filed this instant motion to quash a subpoena for his medical records. On July 22, 2021, Defendants filed an Opposition. On July 28, 2021, Plaintiff filed a Reply. Trial is set for November 9, 2021. PARTY'S REQUEST Plaintiff requests that the Court quash the subpoena, as it is overbroad, not reasonably calculated to lead to the discovery of admissible evidence, and Defend...

Excerpt: ...ly injuries. On October 8, 2020, Plaintiff filed an amendment to her Complaint, naming DOE 3 as Samuel Khacheryan d/b/a Brad's Carpet & True Word. (Erroneously named; proper name is Samuel Khaceryan d/b/a True Word Brad's Carpet Cleaning)(“Khacheryan”). On June 22, 2021, Defendant Khacheryan filed this instant motion. On July 22, 2021, Plaintiff filed an Opposition. On July 28, 2021, Defendant filed a Reply. Trial is set for November 30, 2021...

Excerpt: ...E 1 as Downtown Los Angeles Property Owners' Association (“DTLAPOA”). On June 2, 2021, Plaintiff filed a First Amended Complaint (“FAC”) alleging 2 causes of action arising from the same incident. On July 7, 2021, Defendant DTLAPOA filed this instant demurrer. On July 22, 2021, Plaintiff filed an Opposition. On July 28, 2021, Defendant DTLAPOA filed a Reply. Trial is set for February 24, 2021. PARTY'S REQUEST Defendant DTLAPOA demurrers f...

Excerpt: ...duct supplied by Defendant on July 17, 2019. On February 25, 2020, Plaintiff amended his Complaint, naming DOE 1 as Vapes Master. On June 18, 2021, Defendant Lincoln filed this instant application. Trial is set for October 22, 2021. PARTY'S REQUEST Defendant Lincoln asks the Court find that the settlement was made in good faith. LEGAL STANDARD California Code of Civil Procedure section 877.6, subdivision (a)(1), provides, in relevant part, that, ...

Excerpt: ...aused significant injuries. On July 6, 2021, Defendants filed this instant motion to exclude Dr. George W. Balfour as an expert. On July 19, 2021, Plaintiff filed an Opposition. On July 21, Plaintiff filed a Reply. Trial is set for September 24, 2021. PARTY'S REQUEST Defendants request the Court grant the motions and exclude Plaintiff's expert because Plaintiff did not comply with Code of Civil Procedure Section 2034.300. LEGAL STANDARD Failure t...

Excerpt: .../a C&R Ceballos Trucking; and DOES 1 – 100, inclusive (collectively, “Defendants”), alleging an unknown number of causes of action arising from a motor vehicle collision that occurred on October 18, 2018. On March 25, 2021, Defendants filed these instant motions to compel. Trial is set for March 18, 2022. PARTY'S REQUEST Defendants requests the Court grant the motions compelling Plaintiff's responses and requests $1,980.00 in monetary sanct...

Excerpt: ...ed on a public sidewalk on September 27, 2018. On April 1, 2021, Defendant filed this instant motion. On May 27, 2021, Defendant filed a Notice of Rescheduling as to the instant motion, delaying it from June 18, 2021 to July 30, 2021. On July 20, 2021, Plaintiff filed a Notice of Non-Opposition as to the instant motion. Trial is set for September 16, 2021. PARTY'S REQUEST Defendant Xebec requests the Court grant the motion because there is no tri...

Excerpt: ...rlying this hearing: to Compel Responses to Form Interrogatories, Responses to Request for Production, and Deem Admitted Admissions. On February 16, 2021, Defendant filed another motion underlying this hearing: to Compel Plaintiff's Deposition. On June 11, 2021, the day of the hearing, Plaintiff filed a declaration regarding the motions. On June 11, 2021, the Court granted the motions and awarded sanctions. A Jury Trial is set for September 2, 20...

Excerpt: ...d in the death of Ferdinand Tejada and Janina Reyn Madrigal (“Decedents”). On May 13, 2021, Plaintiff amended their Complaint to name DOE 21 as Cedros Terrace, Inc. On June 9, 2021, Plaintiffs filed a First Amended Complaint (“FAC”). On June 22, 2021, Defendant Cedros Terrace, Inc. filed an Answer to the FAC. On July 2, 2021, Plaintiffs filed this instant Demurrer to Defendant Cedros' Answer. On July 19, 2021, Defendant Cedros filed an Op...

Excerpt: ...t against Defendants Century Villages at Cabrillo, Inc. (“Defendant”), and DOES 1 – 100, inclusive, alleging 2 causes of action arising from a slip-and-fall on June 23, 2017. On January 7, 2021, Defendant filed this instant Motion for Summary Judgment or in the Alternative Summary Adjudication, with supporting documents. On June 11, 2021, Plaintiff filed an Opposition with supporting documents. On June 18, 2021, Defendant filed a Reply. On ...

Excerpt: ...a series of issues, including a failure to properly serve the Complaint on Defendant. On January 11, 2021, Plaintiff filed a Second Amended Complaint. On June 17, 2021, Defendant filed this instant demurrer. On July 20, 2021, Plaintiff filed an Opposition. On July 22, 2021, Defendant filed a Reply. Trial is not set (vacated). PARTY'S REQUEST Defendant requests the Court sustain the demurrer as to the entire cause of action because the Second Amen...

Excerpt: ...Technologies, Inc.; Uber USA, LLC.; Rafael C. Lopez; and DOES 1 – 10, inclusive, alleging 1 cause of action from a bicycle-pedestrian crash that occurred on March 12, 2018. On November 19, 2020, Defendant/Cross-Complainant Rafael C. Lopez (“Lopez”) filed a Cross-Complaint against Portier, LLC. (“Portier”); Uber Technologies, Inc. (“Uber”); and ROES 1 – 30, inclusive (collectively, “Cross-Defendants”), alleging 6 causes of acti...

Excerpt: ...e collision that occurred on October 4, 2016. On June 21, 2021, Plaintiff filed this instant motion and a separate statement. On July 22, 2021, Plaintiff filed a Notice of Non-Receipt of Opposition. Trial is set for April 14, 2022. PARTY'S REQUEST Plaintiff requests the Court grant the motion to quash and requests sanctions in the sum of $1,560.00. LEGAL STANDARD California Code of Civil Procedure section 1987.1, subdivision (a) states, “[i]f a...

Excerpt: ... 11, 2021 Defendant filed a motion to compel Plaintiff's deposition. On May 25, 2021, the Court granted the motion to compel Plaintiff's deposition. On July 2, 2021, Defendant filed this instant motion for terminating sanctions. On July 19, 2021, Plaintiff filed an Opposition to the motion. Trial is set for October 8, 2021. PARTY'S REQUEST Defendant requests the Court issue terminating sanctions and that the Court issue $935.00 in monetary sancti...

Excerpt: ...against Defendants Thientam Nguyen; Nghia Nguyen; and DOES 1 – 100, inclusive (collectively, “Defendants”), alleging 4 causes of action arising from a motor vehicle collision that killed his brother on September 20, 2017. On March 26, 2021, Plaintiff filed these instant motions. Trial is set for September 30, 2021. PARTY'S REQUEST Plaintiff requests the Court grant the motions to compel discovery and award a total of $8,640.00 in monetary s...

Excerpt: ..., alleging 2 causes of action arising from a motor vehicle collision that occurred on December 2, 2019. On May 27, 2021, Defendant filed this instant motion to compel deposition. Trial is set for August 30, 2021. PARTY'S REQUEST Defendant requests the Court grant the motion and order Plaintiff Rodriguez-Martinez to appear within 10 days for deposition. Defendant additionally requests the Court issue a sanction of $1,037.00. LEGAL STANDARD Code of...

Excerpt: ...ts Thientam Nguyen; Nghia Nguyen; and DOES 1 – 100, inclusive (collectively, “Defendants”), alleging 4 causes of action arising from a motor vehicle collision that killed his brother on September 20, 2017. On March 26, 2021, Plaintiff filed these instant motions. Trial is set for September 30, 2021. PARTY'S REQUEST Plaintiff requests the Court grant the motions to compel discovery and award a total of $8,640.00 in monetary sanctions. LEGAL ...

Excerpt: ...fendant Westfield, LLC and DOES 1 – 100, inclusive, alleging 2 causes of action arising from a slip-and-fall that occurred on November 23, 2018. On December 18, 2019, Plaintiff filed an amendment to the Complaint, naming DOE 1 as Culver City Mall (“Moving Defendant”). On June 26, 2020, Plaintiff filed a request for dismissal as to Westfield, LLC. Also on June 26, 2020, Plaintiff filed an amendment to the Complaint to name DOE 1 (erroneous, ...

Excerpt: ... DOES 1 – 50, inclusive, alleging 4 causes of action arising from allegedly negligent foster home care that resulting in the death of their son, which occurred on September 4, 2018. On April 5, 2021, Defendant filed this instant motion for summary judgment. On July 14, 2021, Plaintiffs filed a statement of non-opposition as to the motion. Trial is set for July 8, 2022. PARTY'S REQUEST Defendants requests the Court grant the motion because the a...

Excerpt: ...dant's subpoena for employment records. On July 14, 2021, Defendant filed an Opposition. On July 21, 2021, Plaintiff filed a Reply. Trial is set for September 26, 2022. PARTY'S REQUEST Plaintiff requests the Court grant the motion quashing the subpoena for employment records, or, in the alternative, issue a protective order. Plaintiff additionally requests $2,061.65 for issuing the subpoena and forcing this instant motion to be filed. LEGAL STAND...

Excerpt: ... 11, 2018. On February 8, 2021, Plaintiff's attorney withdrew from representation. Plaintiff chose to represent herself. On March 5, 2021, Defendants filed their answer. On May 11, 2021, Defendants filed this instant motion for summary judgment. Trial is set for May 2, 2022. PARTY'S REQUEST Defendants request the Court grant the motion as Plaintiff's action has no merit. LEGAL STANDARD A summary judgment may be granted where it is shown that the ...

Excerpt: ... arising from an injury that occurred when Plaintiff somersaulted into a foam pit and broke his ankle on the concrete floor at Defendant gymnastic property on August 5, 2017. On January 17, 2020, Defendant filed a Cross-Complaint against Plaintiff seeking indemnity, condemnation, and declaratory relief. On October 16, 2020, Defendant filed this instant motion for summary judgment. On July 19, 2021, Plaintiff filed a late Opposition. Also on July ...

Excerpt: ... from a structure fire that occurred on August 2, 2020. On January 7, 2021, Plaintiffs filed a First Amended Complaint, revising the Complaint to contain only 3 causes of action (general negligence, premises liability, and negligent infliction of emotional distress). On March 19, 2021, Defendant filed a demurrer to entire Complaint. On April 20, 2021, the Court granted the demurrer in part, as to both the second and third causes of action (premis...

Excerpt: ...ion that occurred on June 27, 2019. On April 26, 2021, Plaintiff filed this instant motion. On July 13, 2021, Defendant filed an Opposition. On July 15, 2021, Plaintiff filed a Reply. Trial is set for September 23, 2021. PARTY'S REQUEST Plaintiff requests the Court grant the motion and compel Defendant to attend a videotaped oral deposition and to provide the requested documents within 20 days of the Court's ruling. Plaintiff additionally request...

Excerpt: ...ed on April 4, 2016. On June 16, 2021, Defendant Davila filed this instant motion to deem the truth of matters specified in requests for admission (set one) admitted and conclusively established and request for monetary sanctions. Trial is set for August 3, 2022. PARTY'S REQUEST Defendant Avila requests the Court grant the motion to deem requests for admission admitted. Defendant Davila also requests the Court award sanctions in the sum of $1,210...

Excerpt: ... 7, 2021, Defendant filed this instant motion to compel subpoena compliance. On July 9, 2021, Plaintiff filed an Opposition. On July 15, 2021, Defendant filed a Reply. Trial is set for October 7, 2021. PARTY'S REQUEST Defendant requests the Court grant the motion compelling the production of medical billing and records of Plaintiff. Defendant additionally requests $1,760.00 in sanctions. LEGAL STANDARD California Rules of Court 3.1346 provides: A...

Excerpt: ...n Insurance; Titan Indemnity; LA's Auto Insurance Services, Inc.; LA's Best Auto Insurance Services, Inc. d/b/a LA's Auto Insurance Services, Inc; Gabriela Lopez; Blanca Velasquez; and DOES 1 – 100, inclusive, alleging 4 causes of action arising from a motor vehicle collision that occurred on May 24, 2017. On August 28, 2020, Defendant Titan Indemnity Company filed a Motion to Compel Plaintiff's Responses to Form Interrogatories, Special Interr...

Excerpt: ...lectively, “Defendants”), alleging 3 causes of action arising from an attack on Plaintiff's person that occurred on December 19, 2018. On April 30, 2021, Defendant LBUSD filed this instant motion. On July 1, 2021, Plaintiff filed a Statement of Non-Opposition to this instant motion. Trial is set for January 24, 2022 PARTY'S REQUEST Defendant requests the Court grant the motion due to there being no grounds to bring suit against Defendant, and...

Excerpt: ...n arising from a gas pump malfunction resulting in a slip-and-fall that occurred on August 10, 2017. On May 17, 2021, Defendants Franklin Fueling Systems, Inc. and Source North America, Corp. (“Movants”) filed a Motion for Evidentiary Issue Sanctions against Defendant Golden State Enterprises, LLC. On June 25, 2021, Movants filed a supplemental brief in support. On July 9, 2021, Defendant Golden State Enterprises filed an Opposition to the mo...

Excerpt: ...set for August 30, 2022. PARTY'S REQUEST Defendant requests the Court grant the motion to strike as to Plaintiff's request for punitive damages on the Complaint, as Defendant contends that Plaintiff has failed to show any evidence of malice, oppression, or fraud that would give rise to such damages. 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 ther...

Excerpt: ... action arising from a motor vehicle collision that occurred on August 3, 2018. On March 8, 2021, Defendants Robertson's Transport, Ltd. and Robertson's Ready Mix, Ltd. filed this instant motion to Deem Requests for Admission Admitted. Trial is set for October 4, 2021. PARTY'S REQUEST Defendants Robertson's Transportation, Ltd. and Robertson's Ready Mix, Ltd. request the Court grant the motion to and deem admitted the requests for admission serve...

Excerpt: ...ervices Management Group; and DOES 1 – 50, inclusive, alleging 6 causes of action arising from an altercation that occurred at the Greek Theatre in Los Angeles on August 24, 2018. On April 7, 2021, Plaintiffs filed an Amendment to her Complaint, naming DOE 2 as Staff Pro, Inc., and DOE 3 as Universal Protection Service, LP. On June 9, 2021, Defendants Staff Pro, Inc. d/b/a Allied Universal Event Services and Universal Protection Service, LP (�...

Excerpt: ...y View Medical Center, and DOES 1 – 100, inclusive (collectively, “Defendants”), alleging at least 1 (possibly 2?) causes of action arising from medical treatment that occurred on from May 23, 2018 to June 25, 2018. On May 7, 2021, Defendant Pine Grove Healthcare & Wellness Centre, LP (“PGHWC”) filed this instant Demurrer. On May 20, 2021, the Demurrer was continued. On June 15, 2021, the Demurrer was again continued. On July 7, 2021, P...

Excerpt: ... occurred on February 21, 2019. On May 26, 2021, Plaintiff amended the Complaint to name DOE 1 as Joyce Faye Atlas. On June 25, 2021, Defendant Mike H. Davidyan filed this instant Demurrer with Motion to Strike. On July 7, 2021, Plaintiff filed an Opposition to each. On July 9, 2021, Defendant Davidyan filed a Reply to each. Trial is set for August 8, 2022. PARTY'S REQUEST Defendant Davidyan request the Court grant the demurrer as to both causes ...

Excerpt: ...rtha Alicia Sanchez as Successor-In-Interest to the Estate of Francisco Sanchez-Reyes (“Plaintiffs”) filed a Complaint against Defendant CHLB, LLC d/b/a College Medical Center (“Defendant”) and DOES 1 – 250, inclusive, alleging 2 causes of action arising from medical care that occurred from January 30, 2020 to February 8, 2020, culminating in the death of Francisco Sanchez-Reyes. On June 16, 2021, Defendant executed a Demurrer and Motio...

Excerpt: ...n arising from a motor vehicle collision that occurred on December 19, 2019. On July 27, 2020, Defendant filed an Answer. On May 25, 2021, Defendant filed this instant motion to quash. On July 7, 2021, Plaintiff filed an Opposition. On July 13, 2021, Defendant filed a Reply. Trial is set for December 15, 2021. PARTY'S REQUEST Defendant requests the Court grant the motion to quash the subpoenas duces tecum to Mitra Nejad, M.D., requiring productio...

Excerpt: ...hat occurred on September 21, 2019. On February 3, 2021, Intervenor Loya Casualty Insurance Company (“Intervenor”) and Defendant Washington filed this instant motion. Trial is set for November 29, 2021. PARTY'S REQUEST Intervenor Loya Casualty Insurance Company requests the Court grant the motion and give leave to intervene as Defendant Washington's Insurer. LEGAL STANDARD California Code of Civil Procedure section¿387, subdivision¿(a) prov...

Excerpt: ...rising from the death of Park Seong Leong, which occurred on May 3, 2020. On June 4, 2021, Defendant filed this instant motion to strike portions of Plaintiffs' Complaint. On July 7, 2021, Plaintiffs filed an Opposition. On July 13, 2021, Defendant filed a Reply. Trial is set for October 31, 2022. PARTY'S REQUEST Defendant requests the Court grant the motion and strike the following from Plaintiffs' Complaint: 1. The First Cause of Action for Wro...

Excerpt: ...bula Trucking; Jose Arambula; Felipe Mendez; and DOES 1 – 10 (collectively, “Defendants”), alleging 2 causes of action arising from a motor vehicle collision that occurred on June 1, 2017. On February 19, 2021, Defendants filed these instant motions. Trial is set for September 2, 2021. PARTY'S REQUEST Defendants requests the Court order Plaintiffs to respond to the special interrogatories with verified responses. Defendants additionally req...

Excerpt: ...g 7 causes of action arising from a motor vehicle collision that occurred on April 26, 2019. On June 3, 2021, Defendant Hensel Phelps Construction Co. (“Hensel”) filed this instant motion to strike. Trial is set for October 18, 2021. PARTY'S REQUEST Defendant Hensel requests the Court grant the motion to strike portions of the Plaintiffs' Complaint, as Plaintiffs do not plead facts sufficient to give rise to punitive damages. Specifically, De...

Excerpt: ...�Defendant”); and DOES 1 – 100, inclusive, alleging 2 causes of action arising from a motor vehicle collision that occurred on August 25, 2017. On January 22, 2021, Defendant filed these 4 instant discovery motions. Trial is not yet set (this hearing is concurrent with the trial setting conference). PARTY'S REQUEST Defendant requests the Court compel Plaintiff's responses to Form Interrogatories (Set One), Special Interrogatories (Set One), I...

Excerpt: ...ly, “Defendants”), alleging 3 causes of action arising from an automobile collision and equipment failure that occurred on January 9, 2020. On June 7, 2021, Defendant Faaborg filed this instant motion to strike. On June 18, 2021, Plaintiff filed an Opposition. On June 24, 2021, Defendant Faaborg filed a Reply. Trial is scheduled for November 7, 2022. PARTY'S REQUEST Defendant Faaborg contends that Plaintiff provides insufficient evidence to s...

Excerpt: ...dison Square Garden Company; MSG Sports & Entertainment, LLC.; Nick Spampanato; and DOES 1 -25, inclusive (collectively, “Defendants”), alleging 2 causes of action arising from a slip-and-fall that occurred on April 21, 2018. On June 22, 2020, Plaintiff filed an amendment to her Complaint, naming Forum Entertainment, LLC as a defendant. Trial is set for August 3, 2022. PARTY'S REQUEST Defendant Forum Entertainment, LLC requests the Court gran...

Excerpt: ... Rosa Cruz-Liera; Luis Gil-Salas; and DOES 1 – 100, inclusive (collectively, “Defendants”), alleging 4 causes of action arising from time Plaintiff spent in DCFS' care during 2016 and 2017. On May 27, 2021, Defendant DCFS filed this instant demurrer with motion to strike. On June 17, 2021, Plaintiff filed an Opposition. On June 23, Defendant DCFS filed a Reply. Trial is scheduled for June 14, 2022. PARTY'S REQUEST Defendant County demurs to...

Excerpt: ...ively, “Defendants”), alleging 3 causes of action arising from a motor vehicle collision that occurred on Aril 5, 2020. On March 19, 2021, Defendant City of Santa Clarita filed a demurrer. On April 21, 2021, Plaintiff filed a First Amended Complaint. On June 4, 2021, Defendant Woodlands Maintenance Association (“Woodlands”) filed this instant demurrer. On June 17, 2021, Plaintiff filed an Opposition. On June 23, 2021, Defendant filed a Re...

Excerpt: ... Karamigos, M.D.; Kiyo Teshima, RN, John Doe 1 – 5, and DOES 6 – 25, inclusive (collectively, “Defendants”). On June 4, 2021, Plaintiff filed this instant motion for leave to amend. On June 14, 2021, Defendant filed an Opposition. Trial is scheduled for September 13, 2021. PARTY'S REQUEST Plaintiff requests leave to file a First Amended Complaint to include an elder abuse violation. Defendant CHC requests the Court deny the motion, arguin...

Excerpt: ... David Link filed a Complaint against Defendants City of Los Angeles; California Department of Transportation; County of Los Angeles; Michael Overman; Carolyn Overman; and DOES – 50, inclusive (collectively, “Defendants”), alleging 2 causes of action arising from a solo motor vehicle crash that occurred on February 25, 2018. On March 29, 2019, Defendants/Cross-Complainants Carolyn & Michael Overman filed a Cross-Complaint against California...

Excerpt: ...hicle collision that occurred on August 10, 2017. On May 27, 2021, Defendant filed this instant motion. On June 17, 2021, Plaintiffs filed this Opposition. Trial is not yet scheduled (trial setting is concurrent with this hearing). PARTY'S REQUEST Defendant requests the Court grant the motion, and strike the following portions of the Complaint: 1. Page 1 – Caption: “Other Damages (specify): INCIDENTAL” 2. Page 3 - Item 10.f.: “Other (spec...

Excerpt: ...REQUEST Petitioner requests the Court grant the petition and 1) authorize petitioner to propound discovery on Barbas, 2) order Barbas to be deposed, and 3) order Barbas to submit to a medical examination. LEGAL STANDARD CCP §2035.010(a) provides that one who expects to be party to an action that may be cognizable in a court of the state, whether as a plaintiff, or as a defendant, or in any other capacity, may obtain discovery within the scope de...

Excerpt: ...City of Santa Monica alleging causes of action related to a trip-and-fall that occurred on May 11, 2019. On April 15, 2020, Plaintiff filed a First Amended Complaint that added the City of Los Angeles (“City”) as a Defendant. On May 26, 2020, Plaintiff dismissed the action against County of Los Angeles. On June 9, 2020, Plaintiff dismissed the action against City of Santa Monica. On May 27, Plaintiff filed this instant motion. On June 1, 2021...

Excerpt: ...rred on January 18, 2020. On February 10, 2021, Defendant Dalili filed this instant motion. On June 15, 2021, Plaintiffs filed their Opposition. On June 17, 2021, Defendant Dalili filed their Reply. Trial is set for July 28, 2022. PARTY'S REQUEST Defendant Dalili requests the Court grant the motion and transfer the matter to Superior Court of California, County of San Diego, Northern District. LEGAL STANDARD Discretionary Transfer of Venue A cour...

Excerpt: ...for motor vehicle negligence arising from an automobile collision that occurred on November 3, 2015. On February 4, 2021, Defendant filed a motion to compel compliance with a deposition subpoena pursuant to California Code of Civil Procedure section 1987.1. On March 9, 2021, the Court continued the matter for lack of sufficient information (discussed below). On March 19, the Court continued the matter again for lack of sufficient information. On ...

Excerpt: ...ation (“Costco”), Joseph Lizarraga, and Daniel Terrones, alleging 5 causes of action arising from a violent altercation at a Costco gas station on January 19, 2018. On June 4, 2019, Plaintiff filed a First Amended Complaint. On July 31, 2020, Defendant Costco filed this instant Motion for Summary Judgment and documents in support. On June 11, 2021, Plaintiff filed Opposition and supporting documents. On June 18, 2021, Defendant Costco filed a...

Excerpt: ...tion that occurred on March 31, 2017. On March 1, 2021, Defendant OCSES filed a Motion to Strike Punitive Damages. The Court granted the motion with 20 days leave to amend on March 29, 2021. On April 19, 2021, Plaintiff filed their First Amended Complaint (“FAC”). On May 19, 2021, Defendant OCSES filed another Motion to Strike Punitive Damages. On June 11, 2021, Plaintiff filed an Opposition. On June 16, 2021, Defendant filed a Reply. Trial i...

Excerpt: ...t against Defendants Century Villages at Cabrillo, Inc. (“Defendant”), and DOES 1 – 100, inclusive, alleging 2 causes of action arising from a slip-and-fall on June 23, 2017. On January 7, 2021, Defendant filed this instant Motion for Summary Judgment or in the Alternative Summary Adjudication, with supporting documents. On June 11, 2021, Plaintiff filed an Opposition with supporting documents. On June 18, 2021, Defendant filed a Reply. Tri...

Excerpt: ... and DOES 1 – 50, inclusive, alleging 2 causes of action arising from a trip-and-fall that occurred on November 11, 2017. On March 12, 2021, Plaintiff amended her Complaint to properly name Defendant Warren Properties, Inc. On March 29, 2021, Defendant filed this instant Motion for Summary Judgment and documents in support. On May 24, 2021, Plaintiff amended her complaint to add Defendant Perfect Plants, LLC. Non-Jury Trial is set for August 20...

Excerpt: ...d this instant Demurrer. There is currently no trial date set. PARTY'S REQUEST Defendant requests the Court sustain the Demurrer, as Plaintiff's claim is time barred under the California Tort Claims Act, fails to state a sufficient cause of action, and because Defendant is immune from liability pursuant to CA Gov't Code. LEGAL STANDARD Meet and Confer Before filing a demurrer, the demurring party is required to meet and confer with the party who ...

Excerpt: ...ed a Complaint against Defendants City of Los Angeles, Wilsher Village Homes Homeowners Association, a California Nonprofit Mutual Benefit Corporation (“Wilsher”), and DOES 1 – 50, inclusive, alleging injuries from a trip-and-fall that occurred on November 27, 2017. On October 26, 2020, Defendant Wilsher filed this instant Motion for Summary Judgment, with a separate statement of undisputed facts, an exhibit list, a proposed order, and atta...

Excerpt: ...nst June A. Grothe Construction, Inc. and DOES 1 – 50, inclusive, alleging 1 cause of action arising from injuries sustained on a construction site on March 23, 2017. On January 30, 2020, Plaintiffs amended their Complaint to name Defendant M United Plastering, Inc. (“Defendant”) as one of the DOE defendants. On March 9, 2021, Defendant filed this instant Motion for Summary Judgment, with documents in support. On June 10, 2021, Plaintiffs f...

Excerpt: ...ptember 19, 2018, Plaintiffs Shida Bakhtiani (“Shida”), Dariush Bakhtiani (“Dariush”), and Golrokh Yazdani Bioky (“Bioky”) filed a Complaint against Defendant Marcio Rodrigues Silva (“Defendant”) and DOES 1 – 20, inclusive, alleging w causes of action arising from a motor vehicle collision on September 27, 2016. On February 23, 2021, Defendant filed 3 motions to compel responses to discovery from Plaintiff Bioky. On June 9, 2021...

Excerpt: .... On December 24, 2019, the Court heard an Ex Parte Application to Continue the Final Status Conference and Trial Dates. The Court granted in part, continuing trial but ruling discovery was closed, and a notice motion was necessary to reopen discovery. On January 3, 2020, Plaintiff filed a Motion to Deem Requests for Admission as Admitted with a Request for Monetary Sanctions. The Court heard the motion on February 11, 2020, and granted the motio...

Excerpt: ...2020, Plaintiff Mrs. Gooch's Natural Food Markets, Inc. d/b/a Whole Foods Markets (“Plaintiff”) filed a Complaint against Volta Charging, LLC, a Delaware Limited Liability Company (“volta”), ReGreen, Inc., a California Corporation (“ReGreen”), and DOES 1 – 50, alleging 4 causes of action arising from an alleged breach of contract. On April 6, 2021, Plaintiff filed this instant Motion for Summary Adjudication and documents supporting...

Excerpt: ...ive, alleging 2 causes of action arising from a slip-and-fall in one of Defendant's stores. On May 26, 2021, the Court held a hearing on Defendant's Motion to Deem Requests for Admission as Admitted. The Court granted the motion, treating all Requested Admissions as admitted. On May 27, 2021, Defendant filed the instant motion. Trial is set for September 3, 2021. PARTY'S REQUEST Defendant requests the Court take judicial notice of the Requests fo...

Excerpt: ...the Los Angeles County Sheriff Men's Central Jail. On March 11, 2021, Defendant filed a Demurrer. On April 14, 2021, Plaintiff filed a First Amended Complaint (“FAC”). On May 17, Defendant filed a Demurrer. On June 9, 2021, Plaintiff filed an Opposition. On June 15, 2021, Plaintiff filed a Reply. Trial is set for March 18, 2022. PARTY'S REQUEST Defendant requests the Court grant the motion, contending that the Plaintiff has not alleged suffic...

Excerpt: ...t of undisputed facts, the proposed judgment and order, the declaration in support, and the evidence, as well as the opposition, the separate statement of facts in opposition, the objections to the evidence filed, the declaration in support of the opposition, and the Reply and Notice of Errata, the Court rules as follows. BACKGROUND On October 7, 2019, Plaintiff Rebecca Breitburg (“Plaintiff”) filed a Complaint against Defendants Providence S...

Excerpt: ...(including an Unruh Civil Rights Act violation) arising from an injury that occurred while unloading a vehicle transmission from the back of a pickup truck. On May 21, 2021, Defendant EVT Corporation filed this instant Demurrer w/o Motion to strike and a proposed order. On June 8, 2021, Plaintiff filed an Opposition. On June 14, 2021, Defendant filed a Reply. Trial is set for October 4, 2022. PARTY'S REQUEST Defendant EVT Corporation requests the...

Excerpt: ...ng 2 causes of action from a motor vehicle collision that occurred on September 18, 2018. On May 10, 2021, Defendants and Cross-Defendants Uber, Rasier, LLC, and Rasier-CA, LLC filed a Motion for a Protective Order and a declaration in support. On June 4, 2021, Plaintiff Jeffrey Perkins filed an Opposition. On June 10, Defendants filed a Reply and a list of objections to a declaration opposing the order. Trial is set for January 18, 2022. PARTY'S...

Excerpt: ... for Sanctions Having reviewed the motions, their attached declarations of support, and the attached exhibits, the Court rules as follows. There are no documents filed in Opposition of the motion. BACKGROUND On October 19, 2018, Plaintiff John Kennedy (“Plaintiff”) filed a Complaint against Defendants Avant Apartments, LLC, Shari Kashani (“Defendants”) and DOES 1 – 20, inclusive, alleging two causes of action arising from premises liabi...

Excerpt: ...s, Inc. d/b/a OnTrac, Ground Runners Express, and DOES 1 – 50, inclusive, alleging 2 causes of action arising from a motor vehicle collision. On December 17, 2020, Defendant Express Messenger Systems, Inc. d/b/a OnTrac (“OnTrac”) filed this instant motion. Trial is set for March 7, 2022. PARTY'S REQUEST Defendant Express Messenger Systems, Inc. requests the Court grant the Motion for Summary Judgment because the action has no merit and ther...

Excerpt: ...��), Peyman Benharash, M.D., Karen Woo, M.D., Daniel Cruz, M.D., and DOES 1 – 150, inclusive. On July 17, 2020, Defendant Regents filed an Answer, a Demand that Statute of Limitations Issues be Tried Separately, a Demand for a Jury Trial, and a Request for Dismissal. ON March 26, 2021, Defendant Regents filed this instant motion. On May 25, 2021, Plaintiff filed a Non-Opposition. Non-Jury Trial is set for April 19, 2022. PARTY'S REQUEST Defenda...

Excerpt: ...rising from premises liability that resulted in the Plaintiff eventually suffering severe bodily injuries. The matter is highly litigious. Over the past two years, more than half of a dozen additional parties have been added to the action and several have filed cross-complaints. One of those Defendants is Samuel Khacheryan d/b/a True Word Brad's Carpet Cleaning (“Khacheryan”), who was added to the case via a cross-complaint filed by Consolida...

Excerpt: ...S Defendants moves the Court to compel Plaintiff to appear for a mental examination. LEGAL STANDARD A court order is required¿to obtain a party's mental examination. (Code Civ. Proc. § 2032.310(a).) Such an order may be made only after notice and hearing, and for “good¿cause shown.” (Code Civ. Proc., §§ 2032.310(c), 2032.320(a).)¿¿¿¿ The motion must state the time, place, identity and specialty of the examiner, and the “manner, con...

Excerpt: ...Chu, DPM (“Chu”), Gardena Hospital, L.P. d/b/a Memorial Hospital of Gardena, and DOES 1 – 50, inclusive, alleging 1 cause of action arising from a surgery that occurred on or about October 13, 2008. On February 28, 2020, Defendant Chu filed her Answer and a Demand for Jury Trial. On March 30, 2021, Defendant Chu filed a Motion for Summary Judgment, Separate Statement, Proposed Order, and Proposed Judgment. On May 3, 2021, Defendant filed a ...

Excerpt: ...1 – 100, inclusive, alleging 1 cause of action arising from a motor vehicle collision that occurred on September 17, 2018. On December 11, 2020, Plaintiff filed a Request for Entry of Default against Defendant Balladares. The Court rejected it on December 15, 2020, as a statement of damages and proof of service had not been filed. On January 8, 2021, Defendant Balladares filed this instant motion. On June 2, 2021, Plaintiff filed an Opposition....

Excerpt: ... Cardenas Markets, LLC. (“Defendant”) and DOES 1 – 100, inclusive, alleging 2 causes of action arising from a slip-and-fall that occurred on June 10, 2019. On December 21, 2020, the Court granted Plaintiff's counsel's motion to be relieved as counsel, based on a complete breakdown of the attorney-client relationship. On April 7, 2021, Defendant filed 3 motions to compel Plaintiff's responses to Form Interrogatories, Special Interrogatories,...

Excerpt: ...ctober 25, 2018. On March 17, 2021, Plaintiff filed a First Amended Complaint. On April 13, 2021, Defendant Robert filed this instant Motion to Strike. On May 28, 2021, Plaintiff filed their Opposition. On June 3, 2021, Defendant Robert filed a Reply. PARTY'S REQUEST Defendant Robert requests the Court strike Page 2, Paragraph 5, lines 10 – 19, and Page 3, lines 2 – 3 from the First Amended Complaint. Plaintiff requests that if the Court inte...

Excerpt: ...to add Teresa Duarte (“Defendant”) (previously DOE 1) as a defendant to the action. On November 17, 2020, Defendant Duarte filed a Motion for Summary Judgment and other documents in support. On March 30, 2021, the Court granted the Motion for Summary Judgment. On April 8, 2021, the Court entered Judgment for Defendant Duarte and ordered Defendant Duarte recover costs of suit. On April 26, 2021, Defendant filed a Memorandum of Costs. On May 11...

Excerpt: ...laint against Defendant Laura Caobt (“Defendant”) and DOES 1 – 99, inclusive, alleging 1 cause of action arising from a motor vehicle / bicycle collision that occurred on October 3, 2015. Proof of Service of Complaint was filed on October 2, 2020. Defendant filed her answer on October 8, 2020. On January 8, 2021, Defendant filed 3 of the motions underlying this hearing: to Compel Responses to Form Interrogatories, Responses to Request for P...

Excerpt: ...y that occurred on March 4, 2020 when Plaintiff was disembarking from a public bus. On March 17, Proof of Personal Service was filed with the Court (noting service of process was executed on March 11, 2021). On April 12, 2021, Defendant filed a Declaration Demurring Party Re: Meet & Confer and Automatic Extension (stating that Defendant intended to Demurrer and had communicated with opposing counsel, but had not been able to meet & confer; thus, ...

Excerpt: ...their complaint (“Complaint”) for this action. The Complaint was filed against defendants Road Bear Rv, Road Bear International, Ltd., (“Defendant” and/or “Road Bear”), and Thor Motor Coach, Inc., (“Thor”). In addition, the Complaint alleges causes of action for: 1) Strict Products Liability: Design Defect; 2) Strict Products Liability: Manufacturing Defect; 3) Strict Products Liability: Failure to Warn; and 4) Negligence, against...

Excerpt: ... 2019, Defendant filed their Answer. On December 14, 2020, Plaintiff and Defendant stipulated to continue trial and set a new final status conference date. On April 29, 2021, Defendant filed the instant motion to continue trial. A Non-Jury Trial is set for July 16, 2021. PARTY'S REQUEST Parties request by stipulation that the Court continue the matter to February 28, 2022. LEGAL STANDARD CRC 3.1332(b) provides, as follows: “A party seeking a co...

Excerpt: ...18. On February 22, 2021, Plaintiff filed the instant motion to compel Defendant Umu to be deposed, and requested sanctions. On May 3, 2021, Defendant Umu filed an Opposition to the motion. On June 3, 2021 Plaintiff filed a Reply. PARTY'S REQUEST Plaintiff requests this Court compel the deposition testimony of the Defendant Egette Umu and sanction her in the amount of $5,380.00. Defendant Umu request that the Court deny the motion as moot, since ...

Excerpt: ...at occurred on July 5, 2019. On March 5, 2021, Defendant filed this instant motion to order Non-Party X2U Fitness (“X2U”) to comply with a subpoena and requesting sanctions. PARTY'S REQUEST Defendant requests this Court compel X2U Fitness' custodian of records to produce business records in compliance with the previously served subpoena. Additionally, Defendant requests monetary sanctions in the amount of $864.15. LEGAL STANDARD If a subpoena...