Excerpt: ...int alleges battery and negligence for an altercation that occurred on March 3, 2018. On October 30, 2019, Defendant/Cross-Complainant Frantz Pierre dba Eco Friendly Cleaning Workers Cooperate filed a cross-complaint against Defendant/Cross-Defendant DTLA Management, LLC seeking indemnity, contribution, apportionment, and declaratory relief. On November 26, 2019, Defendant/Cross-Complainant Frantz Pierre dba Eco Friendly Cleaning Workers Cooperat...

Excerpt: ...lleged medical malpractice and res ipsa loquitor for a failure to adequately assist Plaintiff before Plaintiff fell and a failure to diagnose a fracture on July 24, 2018. On January 29, 2020, Plaintiff filed a first amended complaint (“FAC”). On April 2, 2020, Defendants Long Beach Memorial Medical Center, Memorialcare Medical Foundation, and Memorialcare Health System (“Moving Parties”) filed a demurrer to Plaintiff's FAC pursuant to Cal...

Excerpt: ...ular purpose. The complaint also alleges the defendants negligently repaired a motorcycle that caused Plaintiff to lose control of the motorcycle and slide across a freeway on or about February 2017. On April 3, 2020, Defendant Eaglerider, Inc. dba Indiana Victory of Los Angeles filed a motion for summary adjudication pursuant to California Code of Civil Procedure section 437c. Trial is set for August 21, 2020. PARTY'S REQUEST Defendant Eagleride...

Excerpt: ...nal distress. Plaintiff alleges that he was injured on February 22, 2017, while working as a lineman for Henkels & McCoy, who in turn was contracted by Defendant to replace an electricity pole located at 1110 Oak Ave., Duarte, California. On February 27, 2019, Plaintiff filed the operative First Amended Complaint, which maintains a single cause of action for negligence stemming from the February 22, 2017, incident. This matter was set for hearing...

Excerpt: ... June 2, 2018. On December 13, 2019, Plaintiff filed motions to compel Defendant Lyft, Inc. (“Defendant”) to provide verified responses without objections or recourse to production of documents in lieu of written responses to Form Interrogatories and Request for Production of Documents (all Set One) pursuant to California Code of Civil Procedures sections 2030.290, 2030.230, and 2031.300. Trial is set for December 22, 2020. PARTY'S REQUESTS P...

Excerpt: ...plaintiff arising from the medical care rendered during the course of Jennifer Moran's delivery of Jazlynn Moran. Jazlynn Moran (“Plaintiff”) filed the instant motion for trial preference on December 19, 2019. The hearing on the motion was continued by the Court from January 31, 2020 to March 17, 2020. Trial is set for November 2, 2020. PARTY'S REQUESTS Plaintiff Jazlynn Moran, through her guardian ad litem Jennifer Moran, moves the Court to ...

Excerpt: ...om a mitral valve repair heart procedure performed on Plaintiff on May 17, 2017. Plaintiff dismissed Defendants Nasir, Aksoy, and Assadi from the action on December 11, 2018, and filed an amendment to the complaint identifying Abbott Laboratories, Inc. as a Doe defendant on January 21, 2020. Trial is currently set for April 22, 2020. PARTY'S REQUESTS Plaintiff moves the Court to grant Plaintiff leave to file a first amended complaint alleging two...

Excerpt: ..., alleging causes of action for premises liability and general negligence. Plaintiff alleges that on August 27, 2017, a temporary fence that was on Defendants' property was not properly constructed, installed, or secured, and fell on Plaintiff as a result, causing her to sustain injuries and damages. On December 2, 2019, Defendant/Cross-Complainant MSG filed a cross-complaint against Cross-Defendant Fontao Management, Inc. (“Fontao”) and Roes...

Excerpt: ...and Metro Nissan of Montclair, asserting causes of action for motor vehicle and general negligence. On September 30, 2019, the Court sustained Defendant Ontario Nissan, Inc. dba Metro Nissan of Montclair's (“Nissan”) demurrer to the first amended complaint with leave to amend. On October 18, 2019, Plaintiff filed a second amended complaint. On January 6, 2020, the Court sustained Nissan's demurrer to the second amended complaint with leave to...

Excerpt: ...ccurred on July 9, 2018. Plaintiffs allege Defendants breached their duty of care by not properly caring for Plaintiff Deanne at the time of her surgery and that, as a result, Deanne suffered physical and emotional harm. Plaintiffs allege David was Deanne's husband and suffered loss of consortium. On December 20, 2019, Defendant Rovelo filed the instant motion for summary judgment. Plaintiffs filed opposition papers on February 27, 2020. Defendan...

Excerpt: ...int. No opposition papers have been filed. PARTY'S REQUEST Defendant requests a court order sustaining the demurrer without leave to amend on grounds that there is a misjoinder, the causes of action are preempted, and the causes of action are insufficiently pled. LEGAL STANDARD Meet and Confer Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred to in person or by telephone fo...

Excerpt: ...018, the Court found that the present action of Frias v. Wyatt, Case No. BC706157, and Karki v. Wyatt, Case No. BC706840, were related within the meaning of California Rules of Court, rule 3.300(a). Both actions arise out of the same automobile accident that occurred on July 20, 2016. BC706157 was held to be the lead case. On September 27, 2019, Defendant filed a Motion to Consolidate Case No. BC706157 and Case No. BC706840 for trial purposes onl...

Excerpt: ...Enroy Chance, III Trust, Eddie Brooks Bryan III, Trust, and Does 1-250 (collectively, “Defendants”) to seek damages for personal injuries allegedly suffered from a trip-and-fall that occurred on November 16, 2018, on the premises and/or sidewalk located at 700 Isis Ave., Inglewood, CA 90301. Plaintiff alleges causes of action for 1) negligence; 2) governmental tort liability; and 3) premises liability. On February 11, 2020, Defendant City of ...

Excerpt: ...ne 15, 2016. Plaintiff dismissed Defendant EAN Holdings, LLC from the action on March 22, 2019. Trial is currently set for April 28, 2020. PARTY'S REQUESTS Defendant Orange Courier, Inc. (“Moving Defendant”) moves the Court to continue the trial date to September 28, 2020. LEGAL STANDARD Trial dates are firm to ensure prompt disposition of civil cases. (Cal. Rules of Court, rule 3.1332(a).) Continuances are thus generally disfavored. (See id....

Excerpt: ...e grounds that (1) Plaintiff's verified complaint has no merit and fails to present any triable issues of material fact against Defendant as to the single cause of action for medical malpractice; and (2) the cause of action is barred by the statute of limitations pursuant to Code of Civil Procedure Section 340.5. In the verified complaint, Plaintiff alleges that on August 1, 2012, at the Los Angeles Eye Institute in Los Angeles, Defendant perform...

Excerpt: ...nsortium. On November 20, 2018, Plaintiffs dismissed the second cause of action. Plaintiff Jennifer Liberato (“Plaintiff”) alleges that on October 8, 2015 she slipped and fell on a puddle on the ground near a gasoline fuel pump on the premises owned by Defendants Apro, LLC dba United Oil and CF United, LLC (collectively “Defendants”). On February 5, 2020, Defendants filed this motion seeking to require Plaintiff to post an undertaking of ...

Excerpt: ...al allegations as to Plaintiff's claims, but Plaintiff appears to be alleging that Defendants negligently rendered some form of medical service. PARTY'S REQUESTS Defendants move for summary judgment on the Complaint on the ground that there is no triable issue of material fact as to whether Defendants breached their duty of care to Plaintiff, or that they caused the alleged harm. LEGAL STANDARD The purpose of a motion for summary judgment or summ...

Excerpt: ...19, Defendants filed a demurrer to Plaintiff's complaint on the grounds that it fails to state facts sufficient to constitute a cause of action. Trial is set for March 30, 2021. PARTY'S REQUESTS Defendants request that the Court sustain its demurrer because Plaintiff's complaint fails to identify any causes of action and the allegations are unspecified, vague, and do not rise to the level to impute liability. LEGAL STANDARD Meet and Confer Before...

Excerpt: ...rprise”) requests an order sustaining its demurrer to Plaintiffs' first amended complaint. Enterprise also requests the court take judicial notice of the Secretary of State Statement of Information for Enterprise. LEGAL STANDARD “‘A demurrer reaches only to the contents of the pleading and such matters as may be considered under the doctrine of judicial notice' [Citations]; The allegations of the pleading demurred to must be regarded as tru...

Excerpt: ... REQUESTS Plaintiff requests terminating sanctions in the following forms, in alternatives of diminishing gravity: (1) an order striking the Answer filed by Defendant; or (2) issue sanctions concluding that Golden State negligently owned, maintained, managed and operated the premises where Plaintiff was injured, that Plaintiff was harmed as a result of Golden State's negligence, and that Golden State's negligence was a substantial factor in causi...

Excerpt: ...ses of action for premises and product liability arising from a defective gas pump and subsequent slip and fall on Defendant's premises. PARTY'S REQUESTS Plaintiff requests terminating sanctions in the following forms, in alternatives of diminishing gravity: (1) an order striking the Answer filed by Defendant; or (2) issue sanctions concluding that Golden State negligently owned, maintained, managed and operated the premises where Plaintiff was i...

Excerpt: ...al preference. On January 16, 2020, Plaintiff amended the complaint to add Stanley Black & Decker, Inc. as a defendant in place of Doe 1. PARTY'S REQUEST Plaintiff originally requested the Court set this action for trial within 120 days due to Plaintiff's advanced age and poor health. On reply, Plaintiff requests the Court set this action for trial within 180 days in fairness to recently added Defendant Stanley Black & Decker, Inc. Plaintiff move...

Excerpt: ...ent that occurred on March 1, 2015. On August 28, 2018, the Court dismissed this action for Plaintiffs' failure to appear at trial. On December 13, 2018, the Court vacated the dismissal for Plaintiffs' attorney's excusable neglect. On June 6, 2019, Defendant Olvera served Form Interrogatories and Requests for Production on Ramos. Ramos failed to provide verified responses. On August 15, 2019, Olvera filed a motion to compel Ramos's responses to t...

Excerpt: ...o., Inc; and Vivere Residential II, LLC. The complaint alleges negligence for a fall off of a ladder that occurred on October 16, 2015. On February 9, 2018, the Court dismissed the complaint as to Defendants Jeffrey Lewis Hewitt, individually and d.b.a. as Skyline Construction; Ron Hewitt, individually and d.b.a. Skyline Construction without prejudice. On July 17, 2019, Defendants George C. Hopkins Construction Co., Inc. and Vivere Residential II...

Excerpt: ...Oliver (“Oliver”) and Does 1 to 100 alleging (1) dangerous condition of public property – Barreto against Pasadena; (2) negligence – Barreto against Oliver; and (3) loss of consortium – Ochoa against Pasadena and Oliver. Plaintiffs allege Barreto was injured on November 26, 2016 when he was struck by Oliver's vehicle while walking in a crosswalk at a dangerously designed intersection owned and operated by Pasadena. On July 17, 2019, Pas...