Excerpt: ...gement of Delaware (“Stoltz”). Plaintiff alleges negligence, premises liability, wrongful death, and survivor claim. On July 8, 2020, after obtaining an automatic extension to respond, Stoltz filed a demurrer and motion to strike portions of the complaint. Trial is scheduled for October 29, 2021. PARTIES' REQUESTS Stoltz asks the court to sustain its demurrer to the complaint. Stoltz makes the following arguments: (1) Plaintiff's causes of ac...

Excerpt: ...n and Anoush Catering Company, Inc. (“ACC”) filed a demurrer to complaint. No opposition papers have been filed. Trial is set for September 13, 2021. PARTY'S REQUEST Defendants ABHC and Sarkissian and ACC request a court order sustaining the demurrer to complaint on grounds that the claims against ACC are incomplete and unintelligible, it is unclear whether Plaintiff is alleging a first cause of action, and it is unclear which defendants the ...

Excerpt: ...January 3, 2020, Plaintiff amended his complaint to rename Doe 4 as Defendant Bette r Living & Care Homes, Inc. On January 22, 2020, Plaintiff filed a second amended complaint that was erroneously labeled as a first amended complaint. On September 4, 2020, Defendant Better Living & Care Homes, Inc. filed a motion for summary judgment pursuant to California Code of Civil Procedure section 437c. On November 13, 2020, Defendant Dayan filed a cross-c...

Excerpt: ...g considered the moving, opposing, and reply papers, the Court rules as follows. BACKGROUND On December 27, 2019, Plaintiff Stanley Waite (“Plaintiff”) filed a complaint against Defendants 99 Cents Only Stores LLC, 99 Cents Only Stores Laurel Canyon Inc., and Jerick Hacobian. Plaintiff alleges negligence and premises liability in the complaint for a trip-and-fall that occurred on December 30, 2017. On July 22, 2020, Defendant 99 Cents Only St...

Excerpt: ...rike punitive damages from the FAC pursuant to California Code of Civil Procedure section 435, subdivision (b). Trial is set for April 21, 2021. PARTY'S REQUEST Defendant asks the Court to strike punitive damages from the complaint because Plaintiff has not stated a prima facie case for punitive damages. LEGAL STANDARD Meet and Confer Requirement California Code of Civil Procedure section 435.5 requires that, before filing a motion to strike, the...

Excerpt: ...lision that occurred on December 2, 2017. On July 24, 2020, Defendant filed a motion to compel compliance with subpoenas pursuant to California Code of Civil Procedure section 1987.1. Trial is set for May 3, 2021. PARTY'S REQUESTS Defendant ask the Court to compel Kaiser Foundation Hospital/SCPMG ROI Unit and So. California Permanente Medical Group-Billing to produce documents pursuant to subpoenas issued to them without limitation as to body par...

Excerpt: ...ed a motion for summary judgment or, alternatively, summary adjudication pursuant to California Code of Civil Procedure section 437c. Trial is set for January 13, 2021. PARTY'S REQUEST Defendant asks the Court for an order granting summary judgment or, alternatively, summary adjudication against Plaintiff because Defendant did not breach a duty and it did not have notice of the spilled substance Plaintiff slipped on. OBJECTIONS Plaintiff's object...

Excerpt: ...ary 26, 2018, the Court dismissed Defendant County of Los Angeles without prejudice. On April 14, 2020, Plaintiffs filed amendments to Plaintiffs' complaint to rename Doe 4 as Defendant J. F. Shea Construction, Inc. and Doe 7 as Defendant Walsh Shea Contractors Inc. On August 3, 2020, Plaintiffs filed a first amended complaint (“FAC”) to, in part, allege premises liability, allege additional facts, and rename Defendant County of Los Angeles. ...

Excerpt: ...ensive remarks and Plaintiff and clapping at Plaintiff on November 15, 2016. On May 28, 2020, Defendants filed a demurrer to Plaintiff's complaint. On May 29, 2020, the Court scheduled Defendants demurrer to Plaintiff's complaint to be heard on October 6, 2020. On June 22, 2020, Plaintiff filed a first amended complaint against Defendants alleging assault and battery. On July 22, 2020, Defendants filed a demurrer to the first amended complaint pu...

Excerpt: ... COLA”), and City of Los Angeles. Plaintiffs allege wrongful death, negligence, dangerous condition of public property, negligence under Government Code Sections 815.2, 815.4, 820, 835, 840.2, and 830, premises liability, breach of a mandatory duty, vicarious liability, and survivor action in the complaint. Plaintiffs' complaint arises from a vehicle- pedestrian collision that caused Decedent Christian Duran's (“Decedent”) death on May 12, ...

Excerpt: ... quash a deposition subpoena pursuant to California Code of Civil Procedure section 1987.1. On July 10, 2020, the Court scheduled Plaintiff's motion to quash a deposition subpoena to be heard on November 13, 2020. A trial setting conference is scheduled for March 10, 2021. PARTY'S REQUESTS Plaintiff asks the Court to quash a subpoena Defendant issued to Glendale Community College because it violates Plaintiff's privacy rights. Plaintiff also asks...

Excerpt: ...ricia Wong, M.D., Silicon Beach Medical Center, Inc. (“Defendant SBMC”), and Casper T. Glenn, M.D. (“Defendant Glenn”). Plaintiffs allege medical malpractice in the complaint arising from deficient medical treatment that caused the death of Plaintiffs' son, Decedent Zachary Elliott (“Decedent”). On May 17, 2019, Plaintiffs filed an amendment to their complaint to rename Doe 21 as Defendant Envision Physical Services, LLC. On May 19, 2...

Excerpt: ...19. On July 24, 2020, Plaintiff filed a first amended complaint to, in part, name Defendant Jesse DeLuna (“Defendant DeLuna”). On May 22, 2020, Defendant Altshule filed a motion for summary judgment pursuant to California Code of Civil Procedure section 437c. On May 26, 2020, the Court scheduled Defendant Altshule's motion to be heard on November 12, 2020. Trial is set for January 8, 2021. PARTY'S REQUESTS Defendant Altshule asks the Court to...

Excerpt: ...d Hilland Motors of Los Angeles, LLC (erroneously sued and served as Toyota of Downtown L.A.) (collectively “Defendants”). Plaintiffs allege negligence, breach of express and implied warranties, and strict products liability in the complaint for injuries sustained on July 6, 2017 from the failing of Plaintiffs' brakes in a leased vehicle. On July 26, 2018, the Court entered default against Defendant Toyota of Downtown L.A. On September 21, 20...

Excerpt: ... in. On June 22, 2020, Respondent Mercury Insurance Group filed motions to compel responses to Supplemental Interrogatories, Special Interrogatories (Set One), and Request for Production (Set Three) pursuant to California Code of Civil Procedure sections 2030.290 and 2031.300. On June 24, 2020, the Court scheduled the hearings on Respondent Mercury Insurance Group's discovery motions to be heard on November 2, 2020. Trial is set for October 12, 2...

Excerpt: ...answer to Plaintiff's complaint. On June 18, 2020, Defendant filed the instant three motions to compel initial discovery from Plaintiff. On July 21, 2020, Plaintiff served upon Defendant her responses to the three discovery demands. On July 23, 2020, Defendant noticed all parties that the hearing for the motions to compel initial discovery from Plaintiff had been rescheduled by the Court from July 16, 2020, to October 28, 2020. PARTY'S REQUEST De...

Excerpt: ... the Court, on its own motion, advanced and continued the hearing to May 4, 2020. On April 9, 2020, pursuant to Defendant's request, the Court continued the motion for summary judgment to October 28, 2020. On October 13, 2020, Plaintiff filed an opposition to the motion for summary judgment. On October 23, 2020, Defendant filed a reply. Trial is set for June 8, 2021. PARTY'S REQUEST Defendant requests the Court enter summary judgment against Plai...

Excerpt: ...e had an accident at the Stadium, which is located at USC. While passing a ball with friends at the Stadium, Plaintiff fell on his back, injuring his head and suffering catastrophic injuries. On November 15, 2019, USC filed an Answer to the Complaint. On June 19, 2020, USC filed a Motion for Leave to File a First Amended Answer to Plaintiff's Complaint pursuant to California Code of Civil Procedure section 473, subdivision (a)(1) (“Motion”). ...

Excerpt: ... negligence/wrongful death. Plaintiff alleges that a police officer of the Long Beach Police Department negligently conducted a detention and arrest of Plaintiff on a train platform so as to cause Plaintiff to partially fall over the edge of a platform, and become trapped between the platform and an oncoming train. PARTIES' REQUESTS Defendant City of Long Beach moves to strike the Complaint on the ground that named defendant “Long Beach Police ...

Excerpt: ...operative FAC alleges negligence arising out of a motor vehicle accident that occurred on December 4, 2017. On June 16, 2020, Plaintiff filed a motion to quash eleven deposition subpoenas issued by Defendants Manuel Munoz and Tetra Tech, Inc. (“Defendants”) pursuant to California Code of Civil Procedure section 1987.1. Alternatively, Plaintiff seeks an order that Defendant's subpoenas be limited to ten years and the specific body parts. Plain...

Excerpt: ...cident that occurred on April 26, 2018. On September 30, 2019, Plaintiff filed an amendment to complaint, substituting in Celso Jose Hernandez Galindo (“Galindo”) for Doe 1. On December 3, 2019, Lumsden filed a cross-complaint against Gonzalez and Galindo for indemnification, apportionment of fault, and declaratory relief. On April 16, 2020, Gonzalez filed a cross-complaint against Lumsden and Bunting for contribution, indemnity, and apportio...

Excerpt: ...t Elevator Corporation, ABH Industries Incorporated, Otis Elevator Company, and Otis Elevator International, Inc. The complaint alleged negligence, intentional infliction of emotional distress, assault, battery, and false imprisonment for a refusal to move a vehicle and a subsequent altercation that occurred on March 11, 2016. On May 3, 2019, Plaintiff filed a first amended complaint omitting the causes of action for battery and false imprisonmen...

Excerpt: ... Court dismissed Defendant Ruben Suarez with prejudice. On August 18, 2020, Edward S. Fine filed a motion to be relieved as counsel pursuant to California Code of Civil Procedure section 284, subdivision (2). On September 24, 2020, the Court continued this motion as counsel for Plaintiff Edward Fine filed to submit a declaration on requisite form MC-052. Additionally, the Court noted that there was no evidence that the moving papers were served o...

Excerpt: ...une 6, 2018, Defendant/Cross- Complainant Descanso Gardens Guild, Inc. filed a cross-complaint against Roes 1- 100 seeking indemnity, contribution, and apportionment of fault. On June 29, 2018, Defendant/Cross-Complainant County of Los Angeles filed a cross- complaint against Roes 1-100 seeking indemnity, contribution, and apportionment of fault. On February 5, 2019, the Court dismissed the complaint as to Defendant City of La Cana da Flintridge....

Excerpt: ...nsive remarks and Plaintiff and clapping at Plaintiff on November 15, 2016. On June 22, 2020, Plaintiff filed a first amended complaint against Defendants alleging assault and battery. On July 22, 2020, Defendants filed a demurrer to the first amended complaint pursuant to California Code of Civil Procedure section 430.10, subdivision (e). Trial is set for December 2, 2022. PARTIES' REQUESTS Defendants ask the Court to sustain their demurrer for ...