Excerpt: ...�Gomez”) for negligence, negligent hiring/retention/supervision/training, negligent entrustment and negligence per se. On October 19, 2021, the Court dismissed EAN, without prejudice, pursuant to Plaintiff's request. On September 15, 2021, RPS and Gomez filed an answer. On October 11, 2022, Defendants filed a Motion to Compel Plaintiff's Deposition to be heard on November 29, 2022. On November 14, 2022, Plaintiff filed an opposition. On Novembe...

Excerpt: ...e) and Keck Hospital of USC (Keck), who the court treats as Doe 1 and Doe 2 respectively. Keck filed this demurrer on October 28, 2022 without a motion to strike. Plaintiff did not oppose the demurrer, and Keck subsequently filed a statement of Plaintiff's non-opposition on November 18. PARTY'S REQUEST Keck argues the demurrer should be granted on three grounds. First, the complaint is barred by the statute of limitations. Second, Plaintiff faile...

Excerpt: ... for negligence. The individual who conducted the roofing work, Marco Diaz (Diaz), was named Doe 1. The owners of the bar and their associated business entities (Owners), were named as Does 4 through 7. Plan X filed a cross-complaint against BHFC Operating II (BHFC), originally as a Roe on January 17, 2020. BHFC was specifically named in a Roe amendment on June 25, 2021. After conducting discovery, Plaintiffs filed the First Amended Complaint (FA...

Excerpt: ...22, Defendants filed a Motion to Reopen Discovery to be heard on November 23, 2022. On November 7, 2022, Plaintiff filed an opposition. Trial is currently scheduled for June 19, 2023. PARTY'S REQUESTS Defendants request the Court extend the discovery date to be consistent with the new trial date. Plaintiffs request the Court deny the motion. LEGAL STANDARD CCP § 2024.050 provides: “(a) On motion of any party, the court may grant leave to compl...

Excerpt: ...teel, Co., Inc. (“Compton”) and Kyung Bok Yoon (“Yoon”) for negligence, premises liability and loss of consortium. On April 18, 2022, Yoon and Compton filed an answer. On May 12, 2022, SCE filed an answer and a Cross-Complaint against Cross-Defendants Morrell's, EG, Compton and Yoon for equitable indemnity, equitable contribution and declaratory relief. On May 24, 2022, Yoon and Compton filed an answer. On July 21, 2022, EG and Morrell fi...

Excerpt: ...�) for motor vehicle negligence and general negligence. On December 24, 2020, the County filed an answer; the County was later dismissed, without prejudice. On January 29, 2021, the City was dismissed, without prejudice, pursuant to Plaintiff's request. On January 21, 2021, LACMTA filed an answer. On September 20, 2022, LACMTA filed a Motion for Undertaking to be heard on November 22, 2022. On November 9, 2022, Plaintiff filed an opposition. On N...

Excerpt: ...f consortium. Plaintiff later amended the complaint to include Defendant Guaranty Chevrolet Motors, Inc. (“GCM”). On November 1, 2019, Mario filed an answer. On November 27, 2019, Bernardo filed an answer; he filed an amended answer on April 20, 2020. GCM filed an answer on August 15, 2022. On October 26, 2022, GCM filed a Motion for Judgment on the Pleadings to be heard on November 22, 2022. On November 8, 2022, Plaintiffs filed an oppositio...

Excerpt: ...�), Isabel Robles (“Robles”) and Salvador Roccella (“Roccella”) for negligence. Plaintiff later amended the complaint to include Defendants Genisis Noemi Reyesaguilar (“Reyesaguilar”) and Enterprise Rent-a-Car Company of Los Angeles, LLC (“Enterprise”). Plaintiffs filed the FAC, adding Defendant EAN Holdings, LLC (“EAN”). On November 7, 2019, MRCA filed an answer. On November 12, 2019, Robles filed an answer. On December 4, 20...

Excerpt: ...a”) and Philip N. Boumat (“Philip”) for motor vehicle negligence and general negligence. On November 10, 2020, the City filed an answer and a Cross-Complaint against Cross- Defendants Fella and Philip for indemnification, apportionment of fault and declaratory relief. On December 3, 2020, Fella and Philip filed an answer. On December 3, 2020, Fella and Philip filed an answer and a Cross-Complaint against Cross-Defendant City for apportionme...

Excerpt: ...ude Respondent's Expert Witness Testimony and Report from Being Presented at Arbitration to be heard on November 9, 2022. On October 26, 2022, Respondent filed an opposition. On November 2, 2022, Petitioner filed a reply. The Court continued the hearing on the motion to November 21, 2022. PARTY'S REQUESTS Petitioner requests the Court exclude Respondent's expert witnesses from testifying at arbitration. Respondent requests the Court deny the moti...

Excerpt: ...rk filed an answer. On September 26, 2022, Shirley filed a Motion to Quash Subpoena for Records to be heard on November 17, 2022. Trial is currently scheduled for May 31, 2023. PARTY'S REQUESTS Shirley requests the Court quash the subpoena for records served on Super Collision Center (“Deponent”), and impose $1,686.65 in sanctions on Defendants. LEGAL STANDARD Code of Civil Procedure §1987.1: (a) If a subpoena requires the attendance of a wi...

Excerpt: ...eptember 19, 2022, Defendants filed an answer. On October 10, 2022, Defendants filed a Motion for Order Enforcing Settlement and Dismissing Plaintiff's Action to be heard on November 17, 2022. On November 3, 2022, Plaintiff filed an opposition. On November 8, 2022, Defendants filed a reply. Trial is currently scheduled for August 8, 2023. PARTY'S REQUESTS Defendants request the Court enforce the settlement agreement and dismiss the complaint. Pla...

Excerpt: ...gligence, negligent supervision, negligent hiring/retention, negligent failure to warn, train or educate, intentional infliction of emotional distress, assault, sexual battery, sexual harassment, gender violence, sexual abuse and harassment in the education environment, breach of fiduciary duty and constructive fraud. On September 14, 2021, Plaintiffs filed the First Amended Complaint against the same defendants for negligence, negligent supervis...

Excerpt: ...iled an answer; B&V filed an amended answer on January 5, 2022. On May 5, 2022, Alfredo was dismissed, without prejudice, pursuant to Plaintiffs' request. On July 19, 2022, B&V filed a Motion for Protective Order to be heard on October 11, 2022. On November 2, 2022, Plaintiff filed an opposition. Trial is currently scheduled for April 3, 2023. PARTY'S REQUESTS B&V requests the Court impose a protective order to prohibit the dissemination of the i...

Excerpt: ...ields Outdoor Fitness, Inc. (“GOF”) for general negligence, products liability and premises liability. On October 27, 2020, GOF filed an answer. On December 4, 2020, the Court dismissed Corvallis, with prejudice, pursuant to Plaintiff's request. On December 18, 2020, Plaintiffs filed the FAC. Plaintiff later amended the FAC to include Defendant Environmental Constructions, Inc. (“EC”). On January 12, 2021, NMUSD filed an answer and a Cros...

Excerpt: ...ter amended the complaint to include Defendant Brittany Nicole Gignac (“Gignac”). On September 27, 2017, LACMTA filed an answer. On April 16, 2020, Gignac filed an answer. On September 26, 2018, LACMTA filed a Cross-Complaint against Cross-Defendant Gignac for indemnity, equitable apportionment, declaratory relief and property damage. On January 15, 2019, Gignac filed an answer. On October 31, 2022, LACMTA filed a Motion for Good Faith Settle...

Excerpt: ...endant filed an answer. On June 30, 2021, Plaintiff filed the FAC. On August 16, 2022, Defendant filed a Motion for Leave to Conduct Plaintiff's IME to be heard on November 10, 2022. On September 9, 2022, Plaintiff filed an opposition. On September 14, 2022, Defendant filed a reply. Trial is currently scheduled for July 7, 2023 PARTY'S REQUESTS Defendant requests the Court compel Plaintiff to appear for an IME with Edwin Amos, M.D., at 2021 Santa...

Excerpt: ..., Defendants filed answers. On July 20, 2022, Plaintiff filed a Motion for Summary Judgment to be heard on November 10, 2022. Trial is currently set for January 4, 2023. PARTY'S REQUESTS Plaintiff requests the Court grant summary judgment, and impose judgment of $43,795.34 upon Defendants, jointly and severally. LEGAL STANDARD The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party...

Excerpt: ...nt filed an answer. On October 11, 2022, Defendant filed a Motion to Compel Plaintiff's IME to be heard on November 9, 2022. On October 27, 2022, Plaintiff filed an opposition. On October 13, 2022, Defendant filed a Motion for Leave to Conduct Second Physical Exam of Plaintiff to be heard on November 9, 2022. On October 31, 2022, Defendant filed a reply for both motions. Trial is currently scheduled for March 6, 2023 PARTY'S REQUESTS Defendant re...

Excerpt: ...oseph filed a Motion for Summary Judgment to be heard on November 9, 2022. On October 26, 2022, Plaintiff filed an opposition. On November 4, 2022, Joseph filed a reply. Trial is currently set for June 21, 2023. PARTY'S REQUESTS Joseph requests the Court grant summary judgment on the basis that there are no triable issues of material fact. Plaintiffs request the Court deny the motion. LEGAL STANDARD The function of a motion for summary judgment o...

Excerpt: ...elds Outdoor Fitness, Inc. (“GOF”) for general negligence, products liability and premises liability. On October 27, 2020, GOF filed an answer. On December 4, 2020, the Court dismissed Corvallis, with prejudice, pursuant to Plaintiff's request. On December 18, 2020, Plaintiffs filed the FAC. Plaintiff later amended the FAC to include Defendant Environmental Constructions, Inc. (“EC”). On January 12, 2021, NMUSD filed an answer and a Cross...

Excerpt: ...dical malpractice) and survivors claims. On December 6, 2021, Plaintiffs filed the First Amended Complaint, adding Defendant Medtronic, Inc. (“Medtronic”) and causes of action for strict liability and negligence. On June 29, 2022, Plaintiffs filed the Second Amended Complaint. On July 20, 2022, Kiankhooy and USC filed an answer. On October 17, 2022, Kiankhooy was dismissed. On September 12, 2022, Plaintiffs filed the Third Amended Complaint, ...

Excerpt: ...October 4, 2022, Mybus filed a Motion for Leave to File a Cross-Complaint to be heard on November 8, 2022. On October 26, 2022, Plaintiff filed an opposition. On November 1, 2022, Mybus filed a reply. Trial is currently scheduled for May 24, 2023. PARTY'S REQUESTS Mybus requests leave to file a cross-complaint against Plaintiff for negligence and property damage and declaratory relief. Plaintiff requests the Court deny the motion LEGAL STANDARD C...

Excerpt: ...mber 9, 2022, the Court vacated default. On September 13, 2022, Defendant filed an answer. On October 13, 2022, Plaintiff filed a Demurrer to the Answer to be heard on November 8, 2022. Trial is scheduled for August 21, 2023. PARTY'S REQUESTS Plaintiffs request that the Court sustain the demurrer to every affirmative defense for failure to state facts sufficient to constitute a defense, and on the basis that the answer is uncertain. LEGAL STANDAR...

Excerpt: ...al negligence. Plaintiff later amended the complaint to include Defendants Richard Quinoes Sr. (“Quinoes Sr.”) and John Weaver (“Weaver”). On February 3, 2022, Cotsco Co. and Weaver filed an answer. On April 11, 2022, the Court dismissed Quinoes Sr., without prejudice, pursuant to Plaintiff's request. On August 29, 2022, Costco Co. and Weaver (“Moving Defendants”) filed a Motion for Summary Judgment to be heard on November 4, 2022. Tr...

Excerpt: ...ounty filed answers. On May 13, 2022, the Court dismissed L&S without prejudice. On August 18, 2022, Plaintiff filed a Motion to Stay Proceedings to be heard on November 4, 2022. On October 24, 2022, the City filed an opposition. Trial is currently set for June 30, 2023. PARTY'S REQUESTS Plaintiff requests the Court stay the case and suspend all due date, or dismiss it without prejudice, as Plaintiff's attorney “defrauded and failed” Plaintif...

Excerpt: ...remises liability, negligent hiring, supervision, training and retention, sexual battery, gender violence, freedom from violence pursuant to the Ralph Act, and negligent misrepresentation. Plaintiff amended the complaint to include Defendants Massage Envy Hollywood (“ME Hollywood”) and G & H Wellness Enterprises, LLC (“G&H”). Weiss-Grunfeld and Grunfeld were dismissed without prejudice on July 31, 2020. G&H filed its answer on September 2...

Excerpt: ...against Defendant Home Depot, U.S.A., Inc. (“Defendant”) for general negligence and premises liability. On October 1, 2019, Defendant filed an answer. On July 15, 2022, Plaintiff filed a Motion to Compel Deposition of Defendant's Person Most Knowledgeable to be heard on November 3, 2022. On October 21, 2022, Defendant filed an opposition. On October 27, 2022, Plaintiff filed a reply. On October 20, 2022, Plaintiff filed a Motion to Compel Def...

Excerpt: ...eptember 10, 2021; this was later vacated on September 27, 2022. On September 29, 2022, Ky and Chou filed an answer. On September 28, 2022, EAN filed a Demurrer to be heard on November 3, 2022. Trial is scheduled for July 25, 2023. PARTY'S REQUESTS EAN requests the Court sustain the demurrer on the grounds that the complaint does not state facts sufficient to constitute a cause of action. LEGAL STANDARD CCP § 430.10 states: “The party against ...

Excerpt: ...er 30, 2021, Fuentes filed an answer. On September 7, 2022, EVA filed an answer. On September 8, 2022, Plaintiff filed a Motion to Quash Deposition Subpoena to be heard on November 2, 2022. On October 20, 2022, Defendants filed an opposition. On October 26, 2022, Plaintiff filed a reply. Trial is currently set for June 16, 2023. PARTY'S REQUESTS Plaintiff requests the Court quash Fuentes's subpoenas to the following providers: ABEO, Kaiser Perman...

Excerpt: ...l distress. On May 19, 2022, Garcia filed an answer. On July 28, 2022, Plaintiff filed the FAC. On September 16, 2022, Exer filed a Motion to Compel Arbitration to be heard on November 2, 2022. On September 26, 2022, Plaintiff filed an opposition. On September 30, 2022, Garcia filed a joinder. On October 26, 2022, Exer filed a reply. Trial is currently set for May 23, 2023. PARTY'S REQUESTS Defendants request the Court compel arbitration and stay...

Excerpt: ...Demurrer to be heard on November 2, 2022. On October 19, 2022, Plaintiff filed an opposition. On October 21, 2022, Defendant filed a reply. Trial is scheduled for December 18, 2023. PARTY'S REQUESTS Defendant requests the Court sustain the demurrer as the complaint was untimely filed. Plaintiff requests the Court overrule the demurrer as Emergency Rule 9 extends the tolling statute. LEGAL STANDARD CCP § 430.10 states: “The party against whom a...

Excerpt: ...e Fonville (“Fonville”) and Clinton Trucks (“Clinton”). On November 1, 2019, Hollywood filed an answer and a Cross-Complaint against Cross- Defendants Type, Lesley Charles Fonville Jr. (“Fonville Jr.”) and Clinton. for express contractual indemnification, breach of contract, equitable indemnity and declaratory relief. On February 5, 2021, the clerk entered default against Clinton, Fonville and Type. On January 10, 2022, the Court dism...

Excerpt: ...al tort, assault and battery, false arrest and false imprisonment, civil rights violations under Section 1793, Civil Rights Act of 1871, and elder abuse. On May 20, 2021, Plaintiff filed the First Amended Complaint against Defendants for assault and battery, negligence, and violation of civil rights. On June 10, 2021, Plaintiff filed the Second Amended Complaint against Defendants for assault and battery, negligence, violation of civil rights, fa...

Excerpt: ...ode § 17001 and negligence pursuant to GC § 820(a). On September 22, 2022, Defendants filed an answer. On September 27, 2022, Defendants filed an amended answer. On October 3, 2022, Plaintiffs filed a Demurrer with Motion to Strike to be heard on November 1, 2022. On October 19, 2022, the City filed an opposition. On October 20, 2022, Plaintiffs filed a reply. Trial is scheduled for January 2, 2024. PARTY'S REQUESTS Plaintiffs request that the ...

Excerpt: ...participated in an Informal Discovery Conference on August 29, 2022, but the matters were unresolved. Plaintiff now seeks to compel further responses to the discovery. The Court now rules. Special Interrogatories Special Interrogatory Nos. 7‐11, 16‐17, 20‐23, 25, 31, and 51‐52: The interrogatories neither lack foundation nor call for speculation. The City's responses to these that is does not have knowledge sufficient to respond fully to ...

Excerpt: ...hy”), IOSM, Inc. (“IOSM”), Envision Physician Services (“Envision”), Palmdale Regional Medical Center (“PRMC”), Raymond Ruiz (“Ruiz”) and John Bartolozzi (“Bartolozzi”) for negligence. On July 15, 2021, PRMC filed an answer. On July 21, 2021, Bartolozzi filed an answer. On August 12, 2021, ISOM filed an answer. On September 23, 2021, Envision and Ruiz filed an answer. On March 24, 2022, Ramirez filed an answer. On August 11,...

Excerpt: ...or vehicle negligence. On March 21, 2022, Numark filed an answer. On September 26, 2022, Plaintiff filed a Motion to Quash Subpoena of Records to Super Collision Center. to be heard on October 4, 2022. On September 8, 2022, Plaintiff filed an opposition. Trial is currently scheduled for May 31, 2023. PARTY'S REQUESTS Plaintiffs request the Court quash or modify the subpoena served on Super Collision Center (“Deponent”). Plaintiffs also reques...

Excerpt: ..., 2021, Defendants filed an answer. On December 2, 2021, the Court dismissed Brian, with prejudice, pursuant to Plaintiff's request. On September 12, 2022, Plaintiff filed a Motion to Compel Defendant to Produce Defense Medical Examination Report to be heard on October 26, 2022. On October 12, 2022, Defendant filed an opposition. On October 18, 2022, Plaintiff filed a reply. Trial is currently scheduled for April 20, 2023. PARTY'S REQUESTS Plaint...

Excerpt: ...Kim”), Jaye Alexander Weston, M.D. (“Weston”), Laura Ann Hastings, M.D. (“Hastings”), Janet Zhu, D.O. (“Zhu”), Lillian Lai, M.D. (“Lai”) and Eugenia Ho, M.D. (“Ho”) for medical negligence and negligence hiring and supervision. Plaintiff later amended the complaint to include Defendant Paul Porter (“Porter”), Scope Anesthesia of North Carolina, PLLC (“Scope”) University of Southern California, Inc. (“USC Inc.”), a...

Excerpt: ...tment unit, which is located within the residential rental property owned by Wol Soon Kang and John Kang (“collectively, “Defendants”). Plaintiffs contend a “surge protected power strip” was illegally installed within their apartment unit, below the kitchen sink. On July 15, 2020, Plaintiff Jae In Suh was severely electrocuted when she touched the handle of the dishwasher. Plaintiff John Suh witnessed the electrocution. Plaintiffs alleg...

Excerpt: ...19, surgical procedure. All parties stipulated to a continuance of the current February 15, 2023, trial date, the current February 1, 2023, Final Status Conference, and all dates, including all trial-related discovery and expert discovery to correspond with the new trial date. (Stockalper Decl. ¶ 5; Exh. B.) A stipulation was signed by counsel for all parties and filed on September 12, 2022, which was rejected by the Court because a noticed moti...

Excerpt: ...ber 19, 2017, automobile accident. Defendants move to compel Plaintiff's deposition. On July 7, 2021, Defendants served Plaintiff with a deposition notice for September 17, 2021, which also included a document production request. (Paz Decl. ¶ 2; Exh. A.) On February 4, 2022, Defendants caused to serve a Notice of Taking Deposition, re-setting the deposition for April 6, 2022, because the then handling attorney left the firm and the case was bein...

Excerpt: ...s a pretext to lay off its older employees. (Ibid.) Arellano now sues BBCC for twelve causes of action arising from her employment. Her claims include discrimination on the basis of age, retaliation, harassment, failure to prevent same, violation of California whistleblower statutes, negligent retention, breach of contract, breach of the implied covenant of good faith and fair dealing, and intentional infliction of emotional distress. BBCC moved ...

Excerpt: ...filed his complaint against defendants Landscape Structures Inc. (LSI or Defendant) and Vido Samarzich Inc. (Samarzich) for strict products liability and negligence. Plaintiff alleges that he hit his head on the underside of a ramp component of one of the play structures, resulting in a cut to his head. This equipment, PlayBooster Ramp Item # 111342A, was designed and manufactured by Defendant and sold to Samarzich for installation at a public pl...

Excerpt: ...ction project (the “project”). Rascon, an employee of McCarthy, was employed as the project's safety manager. Ramirez, employed by IOSM, was responsible for providing evaluation and health service treatment to workers for the project. The complaint alleges negligence for failure to provide adequate healthcare services to plaintiff while he was suffering from a heat-related illness. It is undisputed that IOSM and McCarthy signed a Master Agree...

Excerpt: ... the present action by filing a Complaint against Defendant and Does 1 through 10. Plaintiff's Complaint alleges a single cause of action for “Negligence/Negligence Per Se”. On January 10, 2022, Defendant filed an Answer. On January 13, 2022, a “Substitution of Attorney—Civil” was filed by Plaintiff. The “Substitution of Attorney” indicates Plaintiff will substitute Leonidas Nicol, Esq. of Quirk Law Firm into the present action as h...

Excerpt: ... Defendant demurred and moved to strike punitive damages. On July 13, 2022, the Court overruled the demurrer but granted the motion to strike with leave to amend. On August 11, 2022, Plaintiff filed a Third Amended Complaint (“TAC”) for motor vehicle negligence. Defendant does not demur but again moves to strike punitive damages. PARTY'S REQUESTS Defendant asks the Court to strike all references, allegations and prayers for punitive damages a...

Excerpt: ...laint (FAC). On July 5, 2022, Plaintiff filed a motion for leave to file a second amended complaint (“SAC”). On August 4, 2022, Defendant filed a motion for summary judgment pursuant to California Code of Civil Procedure section 473c. Trial is set for March 27, 2023. PARTY'S REQUESTS Defendant asks the Court to enter summary judgment in its favor for two reasons. First, the undisputed facts of this case establish that the care and treatment D...

Excerpt: ...ring the remodel. Plaintiff Candy Espinoza attempted to open the refrigerator after it was moved to the garage and it fell on her. Plaintiff Frank Espinoza was also allegedly injured when he attempted to prevent the refrigerator from falling on Candy. On May 16, 2022, Defendant filed a cross-complaint against Cross-Defendant Viking Range, LLC, alleging a cause of action for total equitable indemnity and seeking declaratory relief for implied part...