Excerpt: ...ments, Inc. (“Get-Thin”) and Does 1 to 40 for negligence and products liability. The complaint alleges Get-Thin operates a holistic weight loss and beauty spa, and that on 9/5/17, Get-Thin took Plaintiff into an examination room and instructed him to sit on a massage table. When Plaintiff attempted to get off the table it flipped and threw Plaintiff to the floor. On 1/15/19, Plaintiff filed an Amendment to Complaint naming Factory Direct Whol...

Excerpt: ...iled this action against Defendants, American Racing Equipment Inc. (“ARE” or “Defendant”), et al. on 7/6/20 on form PI-001. The complaint appears to assert causes of action for (1) general negligence, (2) intentional tort, and (3) loss of consortium, as these are the claims asserted in Item 10. However, there are no attachments with any causes of action attached to the complaint. Defendant ARE now demurs to the complaint arguing the comp...

Excerpt: ...oner”), Rosa Maria Sandoval (“Sandoval”) filed this action against Defendant City of Los Angeles, et al. for injuries Claimant sustained when Los Angeles Police Department Officers were pursuing a different individual. The complaint alleges the LAPD officers were negligent in their pursuit of an individual, which caused a vehicle to collide with Claimant. The complaint included a loss of consortium claim by Plaintiff Sandoval, who is Claima...

Excerpt: ...l Group Global, et al. for damages arising from a slip and fall at the Plaza West Covina Mall on 5/31/15. Plaintiff filed the instant motion to compel further responses to request for production of documents (“RPDs”), set two, against Defendant, National Janitorial Services, Inc. (“NJS”) on 12/14/20. On 2/9/21, the parties participated in an Informal Discovery Conference (“IDC”) regarding the subject discovery; however, the matter was...

Excerpt: ...nst Defendants, MSP Partners I, LLC, et al. alleging that Plaintiff was attacked with a metal spatula by Defendant, Jose Rubio, who was employed by MSP Partners I, LLC at the time. Defendants, MSP Partners I, LLC and Jose Rubio (collectively, “Defendants”) now move for an order (1) to compel the deposition of Plaintiff and production of documents, and (2) to compel compliance with independent medical examination and request for sanctions. The...

Excerpt: ...krofi (“Defendants”) for damages arising from a motor vehicle accident. Plaintiff filed the complaint on 11/19/18. This matter is currently set for trial on 5/28/21. Defendant now moves to continue the current trial date to or after October 2021. Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. (CRC Rule 3.1332(c).) The Court may grant a continuance only on an affirmative sho...

Excerpt: ...��Defendant”) for damages relating to Plaintiff's trip and fall inside Defendant's store. Plaintiff alleges the shopping cart she was pushing while shopping suddenly stopped when the cart locked engaged and caused her to fall. Defendant now moves for summary judgment. 2. Motion for Summary Judgment a. Moving Argument Defendant contends surveillance footage of the incident lodged with the court shows that the subject cart Plaintiff was pushing d...

Excerpt: ....m. February 17, 2021 1. Background Plaintiff, Caroline Simpson (“Plaintiff”) filed this action against Defendant, Saint Joan of Arc Catholic Church for damages arising out of a slip and fall on Defendant's property. On 6/8/20, Plaintiff filed an Amendment to Complaint naming the Roman Catholic Archbishop of Los Angeles (collectively with Saint Joan of Arc Catholic Church, “Defendants”) as Doe 1. Plaintiff moves for trial setting preferen...

Excerpt: ...”), Renegade Racing (“Renegade”) and the City of Long Beach (the “City”) for damages Plaintiff sustained while bicycling on a public bicycle path in the City of Long Beach. On 11/14/20, Plaintiff filed his First Amended Complaint (“FAC”) alleging causes of action for (1) negligence and (2) statutory liability/dangerous condition of public property. The first cause of action is asserted against Tour and Renegade, and the second cause...

Excerpt: ...fendant, Uber Technologies, Inc. (“Uber”) and Hondie Cui alleging for damages arising from a motor vehicle accident. The complaint includes a prayer for punitive damages. Defendant Uber, at this time, moves to strike the prayer for punitive damages in the complaint. This matter was originally set to be heard on 1/12/21; however, the parties agreed to continue the matter to allow Plaintiff to file an Exemplary Damages Attachment Plaintiff clai...

Excerpt: ...ian (“Defendant”) alleging for damages arising from a dog bite. The complaint alleges causes of action for (1) statutory strict liability, (2) common law strict liability, (3) negligence, and (4) premises liability. The complaint includes a prayer for punitive damages and for attorney's fees. Defendant moves to strike the prayer for punitive damages and request for attorney's fees in the complaint. 2. Motion to Strike a. Punitive Damages Defe...

Excerpt: ...��Defendant”) for damages related to the death of Plaintiffs' child while at Defendant's childcare program. On 8/5/20, Plaintiffs filed the instant motions to compel further responses to form interrogatories, set one, and to request for production of documents (“RPDs”), set one. An Informal Discovery Conference was scheduled concerning the subject discovery for 1/21/21; however, the matter was not resolved because defense counsel, without e...

Excerpt: ... for damages arising from a motor vehicle accident. On 1/29/19, Plaintiff filed the complaint against Defendant alleging a single cause of action for negligence. Defendant now demurs to the complaint arguing it is time barred by the applicable statute of limitations under CCP § 335.1. 2. Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the...

Excerpt: ...Stores, LLC (“Defendant”) for damages arising out of a trip and fall in Defendant's store. Defendant now moves to compel a second deposition of Plaintiff. Defendant provides it met and conferred with Plaintiff concerning appearing for a second deposition, but Plaintiff did not agree to do so. CCP § 2025.610 states: (a) Once any party has taken the deposition of any natural person, including that of a party to the action, neither the party wh...

Excerpt: ...s arising from a motor vehicle accident. On 11/18/20, Plaintiff filed an Amendment to Complaint naming John Ryan Kennedy as Doe 1 (“John”) (collectively with Kelly, “Defendants”). Defendants now demur to the complaint arguing the claims against John are barred by the applicable statute of limitations under CCP § 335.1. As an initial matter, the court notes that while Defendants' demurrer refers to a First Amended Complaint (“FAC”), P...

Excerpt: ...against Defendants, Marek Soto Delgado and Jose Delgado (collectively, “Defendants”) for damages arising out of a motor vehicle accident. Defendants now move for leave to conduct a second Independent Medical Examination (“IME”) of Plaintiff with Dr. Luke Macyszyn, M.D., M.A. (“Dr. Macyszyn”). Plaintiff opposes the motion, and Defendants filed a reply. 2. Motion for Leave to Conduct Second IME Except for defense physicals in personal i...

Excerpt: ...ie Mirsky (collectively, “Defendants”) for damages arising from a motor vehicle accident. Plaintiff served Defendants with form interrogatories, request for admissions, and request for production of documents on or about 2/14/20. Timely responses were not served. On 6/7/20, Plaintiff advised Defendants that responses were past due, but Defendants allegedly did not receive the discovery requests. Plaintiff then mailed a CD containing the subje...

Excerpt: ... Inc. (“Inter Stone”) and Luigi Interlandi (“Luigi”) for injuries Plaintiff sustained when acetone ignited and exploded near Plaintiff. Plaintiff was in the scope of his employment with Defendants when the incident occurred. The incident allegedly occurred on 8/23/16, and Plaintiff filed the complaint on 5/2/17. On 5/15/17, Plaintiff filed Amendment to Complaints naming Marina Interlandi (“Marina”) (collectively, with Luigi, the “In...

Excerpt: ...ity” or “Defendant”) demolished buildings and an eight-foot wall that was adjacent to Plaintiff's home. Plaintiff further alleges that since the structures were demolished, the vacant lot attracted homeless and transient individuals who set up camp in the lot; and that the individuals became a nuisance to Plaintiff and his family as well as other neighbors. Plaintiff claims that numerous complaints were filed with the City. On 12/11/17, Pla...

Excerpt: ...ackground Plaintiff, Bella Rossal, a minor by and through her guardian ad litem, Jacqueline Garcia, filed this action against Defendants, City of Burbank and Burbank Unified School District (“BUSD”) for damages arising from a trip and fall on a playground. On 8/13/20, Plaintiff filed her First Amended Complaint (“FAC”) alleging causes of action for (1) negligence, (2) dangerous condition of public property, and (3) governmental liability ...

Excerpt: ... Angeles (the “City”) and Love Baked Wings Melrose, LLC (“Love Baked”) for damages arising from Plaintiff's trip and fall on a public sidewalk on 8/23/18. On 5/28/19, Plaintiff filed an Amendment to Complaint naming Amzalag Investments, LLC (“Amzalag”) as Doe 1. On 11/17/20, Defendants Love Baked and Amzalag filed the instant joint motion for summary judgment. Plaintiff and the City each filed an opposition, and Love Baked and Amzalag...

Excerpt: ...al Systems, Inc. (“IMS”) and Miguel Maravilla Amezcua (“Amezcua”) (collectively, “Defendants”), et al. for damages arising from a motor vehicle accident. At the time of the accident, Amezcua was employed by and was driving a work van as part of his employment with IMS. Defendants now move for summary judgment. 2. Motion for Summary Judgment a. Parties' Positions Defendants contend Plaintiff's claims against Defendants for negligence a...

Excerpt: ...efendant”) for (1) medical malpractice and (2) battery. The complaint alleges that on 6/11/19, Plaintiff underwent surgery negligently performed by Defendant. Defendant now demurs to the second cause of action for battery arguing it fails to state sufficient facts to constitute a cause of action. 2. Demurrer a. Legal Standard A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regar...

Excerpt: ...Defendant”) for injuries Plaintiff sustained after tripping and falling on a sidewalk. The complaint alleges causes of action for (1) negligence and (2) premises liability against Defendant. The premises liability claim includes a count for negligence and dangerous condition of public property. Defendant now demurs to the complaint arguing the negligence cause of action fails as a matter of law because Defendant as a public entity cannot be sue...

Excerpt: ...s liability. The complaint alleges that on 10/31/18, Plaintiff decided the trim a portion of his trees that protruded onto Defendant's property, as Defendant previously requested Plaintiff to do so several times. Plaintiff began trimming the trees in Defendant's backyard at approximately 7:30 p.m., believing the backyard had sufficient lighting to do so. Plaintiff received permission from Defendant to trim the trees. There were two motion sensor ...

Excerpt: ... filed this action against Defendants Devadatt Mishal, M.D. (“Mishal”), Devadatt Mishal, M.D., Inc., and PIH Health Hospital-Downey (“PIH”) (collectively, “Defendants”) for medical negligence and loss of consortium. The complaint alleges that on 5/29/18, Plaintiff Terri Richard was a patient to Defendant Devadatt Mishal, M.D (“Mishal”) and was admitted to PIH Health Hospital-Downey (“PIH”) for surgical the management of menorr...

Excerpt: ...”) filed this action against Defendants Kaiser Foundation Hospitals and Southern California Permanente Medical Group (“Defendants”) for medical negligence relating to a surgery performed on Plaintiff on or about 12/4/19. Defendants now move to compel arbitration ad stay the action. 2. Petition to Compel Arbitration a. Parties' Positions Defendants argue the subject claims are subject to binding arbitration pursuant to the provisions of the ...

Excerpt: ...t”) and Lyft, Inc. (“Lyft”) for damages arising from a motor vehicle accident. On 11/4/20, Plaintiff filed his First Amend Complaint (“FAC”) alleging causes of action for (1) negligence and (2) negligent hiring, training, and supervision. The FAC alleges Drust was employed as a rideshare by Lyft, and that Plaintiff was a passenger in Drust's vehicle when the accident occurred. The FAC includes a prayer for punitive damages with the seco...

Excerpt: ...h Hospital; (3) Prime Healthcare La Palma, LLC dba La Palma Intercommunity Hospital; and (4) and Prime Healthcare Anaheim, LLC dba West Anaheim Medical Center [collectively “plaintiffs” or “Prime Hospitals”]. Named defendants are: (1) Orange County Health Authority dba CalOptima; (2) CalOptima Community Network; (3) Varis, LLC; (4) Altamed Health Services; (5) Amvi Care Health Network; (6) Arta Western Health Network; (7) Family Choice He...

Excerpt: ...ted therewith. That information may be subject to supplementation does not excuse a party from providing a complete and straightforward response. No. 8.8 – GRANT as to (b), (d). That information may be subject to supplementation does not excuse a party from providing a complete and straightforward response. No. 50.1 – GRANT. The response is non-responsive. No. 50.2 – GRANT. The response is non-responsive. Sanctions are awarded in the amount...

Excerpt: ...fendant”) for professional negligence arising out of Defendant's care and treatment of Plaintiff. As an initial point, the court notes that while the moving papers reference a separate statement, no separate statement was filed with the summary judgment motion. Although the failure to submit a separate statement “may in the court's discretion constitute a sufficient ground for denying the motion,” (CCP § 437c(b)), because the moving papers...

Excerpt: ...neys engaged in “abuse of their ‘Litigation Privilege'” (Complaint page 2:10-11.) At page 8:8-11, Plaintiff pleads that “All of these, and more, vicarious and egregious actions were done to an Elderly (going on 80 years old) male, in poor and declining health senior citizen and in a Related and Relevant case, the Sexual harassment, of a female senior citizen whom lives in a so-called ‘safe and secure' senior citizen retirement community...

Excerpt: ...n against Defendant, Technion Contractors TCI, Inc. (“Technion”) and Does 1-50 for damages arising out of an incident that occurred while Plaintiff was performing demolition work at an elementary school. On 10/27/20, Plaintiff filed an Amendment to Complaint naming Suttles Plumbing, Inc. (“Suttles”) as Doe 1. The complaint alleges that the gas system at the elementary school created a concealed dangerous condition that would explode like ...

Excerpt: ...closure); (b) knowledge of falsity (or ‘scienter'); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage.' [Citations.]” (Lazar v. Superior Court (1996) 12 Cal.4th 631, 638.) “Fraud may be pled specifically and general and conclusory allegations do not suffice. (Id. at p. 645.) To survive demurrer, plaintiff must plead facts that “show how, when, where, to whom, and by what means the represen...

Excerpt: ...ail Bursalioglu, and Torus Bursalioglu (collectively, “Plaintiffs”) filed this action against Defendants Process Cellular Inc. dba Procell (“Process”) and Harry Ayvazian for negligence and premises liability. Plaintiffs allege Process was working on the roof of the apartment where Plaintiffs reside and damaged the roof, so that when it rained, water leaked into Plaintiffs' apartment and caused Plaintiffs to slip and fall on the water. On ...

Excerpt: ... District (“Defendant”) for (1) dangerous condition on public property and (2) res ipsa loquitur and general negligence. Plaintiff alleges Defendant's employee improperly secured or placed a defective mullion in a doorway, and Plaintiff was a student walking to class when the mullion fell on her head. Defendant now demurs to the complaint arguing the second cause of action for res ipsa loquitur and general negligence fails to state a claim ag...

Excerpt: ...n against Defendants Robert Michel Clarke (“Clarke”) and Nubia Delgadillo for damages arising from a motor vehicle accident. Defendant Clarke provides that on 4/30/20, Plaintiffs propounded form interrogatories, set four, special interrogatories, set three, request for production of documents (“RPDs”), set three, and request for admissions (“RFAs”), set four. Defendant, at this time, moves for a protective order as to each. The subjec...

Excerpt: ...a slip and fall on Defendant's property. The complaint alleges claims for premises liability and general negligence. On 6/3/20, Plaintiff served Defendant with special interrogatories, set one, which included 92 special interrogatories. Defendant contends many of the interrogatories are duplicative of form interrogatories already propounded by Plaintiff, and Plaintiff's intent in serving the special interrogatories is solely to annoy and harass P...

Excerpt: ...nty”) on 7/29/20 for damages arising from a motor vehicle collision. Plaintiff alleges a police officer directing traffic wrongfully directed Plaintiff into the intersection and caused the accident. On 8/28/20, Plaintiff filed a Request for Dismissal dismissing the County. On 10/27/20, Plaintiff filed the instant Petition for Relief from Government Claim Filing Requirements for an order relieving Plaintiff from the claim filing requirements of ...

Excerpt: ...s (“Sydell”) for premises liability and negligent hiring, supervision and retention. On 1/15/19, Plaintiff filed an Amendment to Complaint naming RECP Sydell Wilshire, LLC as Doe 1 (“RECP”) (collectively with Sydell, “Defendants”). Plaintiff alleges he was a business invitee at Defendant's lobby bar and after getting into an altercation with bar patrons, Defendant's security ejected Plaintiff and the other bar patrons outside, where P...

Excerpt: ...r damages arising from a multi-vehicle accident. On 9/27/18, Plaintiff filed her First Amended Complaint naming Victor Manuel Figueroa (“Figueroa”) as a defendant. On 8/3/20, Defendant Arias filed a Notice of Settlement providing Arias entered into a settlement with Plaintiff. Defendant further filed an Application for Determination of Good Faith Settlement providing Arias settled with Plaintiff for the amount of $16,350.00, of $13,000 is to ...

Excerpt: ...ages arising from a motor vehicle accident. The complaint alleges a cause of action for motor vehicle negligence and includes a prayer for punitive damages. Defendant now moves to strike the punitive damages. Defendant contends the complaint does not contain sufficient allegations to support a prayer for punitive damages. Defendant avers allegations of driving under the influence alone do not support a claim for punitive damages. In opposition, P...

Excerpt: ...tiffs, Kimberly Nicole Novak (“Novak”) and Aaron Benjamin Wolf (“Wolf”) (collectively, “Plaintiffs”) filed this action against Defendant, Lajwanti Choudhury (“Choudhury”) for damages arising out of an automobile accident. This matter has been consolidated with Case No. 19STCV20129 against Defendant Melinda Isagholi (“Isagholi”) for damages arising out of a subsequent accident. Defendant, at this time, moves to compel a neurops...

Excerpt: ...021 1. Background Plaintiff, Farhad Nazarian (“Plaintiff”) filed this action against Defendants Johari Mohsen, Fernando Lucas Garcia, and American Pacific Forwarders, Inc. (“American Pacific”) for damages arising out of a multiple motor-vehicle collision. On 8/14/20, Defendant American Pacific filed motions to compel further responses to form interrogatories and request for production of documents (“RPDs”) against Plaintiff. On 11/3/2...

Excerpt: ...action against Defendants, Robert De La Cruz and ABC Resources, Inc. for damages arising out of a motorcycle v. truck accident. Plaintiff has subsequently added numerous Doe defendants in the action. The basic facts relating to the motion are not in dispute. Plaintiff was riding his motorcycle during morning rush hour and was “sharing a lane” with a large truck driven by Robert De La Cruz (“De La Cruz”), in his capacity as an employee of ...

Excerpt: ... RESPONSES TO SUPPLEMENTAL INTERROGATORIES; (4) ORDER TAKING MOTIONS TO COMPEL RESPONSES TO FORM INTERROGATORIES, TO DEEM ADMISSIONS ADMITTED AND TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS OFF-CALENDAR Dept. 31 8:30 a.m. January 27, 2021 1. Background Plaintiff, Owoimaha Umoh (“Plaintiff”) filed this action against Defendant, Ofir Alon Faktor (“Defendant”) for damages arising from a motor vehicle accident. Defendan...

Excerpt: ...ras (“Sierras”) and Lyft, Inc. (“Lyft”) for negligence and intentional tort. Defendant Lyft now demurs to the complaint arguing the complaint fails to state sufficient facts to constitute a cause of action against it. Lyft argues the complaint contains merely conclusory allegations and is devoid of facts pertaining to Lyft. In opposition, Plaintiff argues the complaint contains sufficient factual allegations to put Defendants on notice of...

Excerpt: ...n”) for premises liability. Defendant SKT Melrose, LLC now moves for summary judgment. The following facts are undisputed: Plaintiff's action arises from her fall through a rooftop skylight on 3/3/20 located at Defendant's property, at which Plaintiff is a tenant. (UMF 1, 11.) The skylight collapsed because it could not support Plaintiff's body weight. (UMF 3.) Plaintiff was not employed to perform repairs to the roof of the property. (UMF 4.) ...

Excerpt: ... action against Defendants, Lourdes Trigueros and Erick Trigueros, sued as John Doe, (collectively, “Defendants”) for damages arising from a motor vehicle accident. On 11/24/20, Plaintiff filed her First Amended Complaint (“FAC”) with purported causes of action for (1) motor vehicle negligence, (2) Violation of Vehicle Code § 23123-Cell Phone Use While Driving, (3) Violation of Vehicle Code section 20001(a)-Misdemeanor Hit and Run, and (...

Excerpt: ...nk Sarnoski (“Dann Frank”) and Helen Sarnoski (“Helen”) (collectively, “Defendants”) for damages arising out of an automobile accident. 2. Motion to Allow Additional IME a. Parties' Positions Defendants, at this time, move for leave to conduct an additional independent medical examination (“IME”) of Plaintiff. In particular, Defendants seek a neurological examination of Plaintiff to evaluate Plaintiff's claims for injuries of trau...

Excerpt: ...pez Verduzco (collectively, “Plaintiffs”) filed this action against Defendants, Rafael Rodriguez Zavalza (“Zavalza”) and NASA Services, Inc. (“NASA”) for damages arising from a motor vehicle accident. On 11/23/20, Plaintiffs served a subpoena on Lemus Medical Center (“Lemus”) requesting medical records pertaining to Defendant Zavalza. Defendants move to quash the subject subpoena. 2. Motion to Quash a. Parties' Positions Plaintiff...

Excerpt: ...tric Cohen, D.D.S. (“Defendant”) for medical/dental malpractice. Plaintiff alleges Defendant negligently performed a dental implant procedure on Plaintiff. (Compl. ¿ 15.) The harm allegedly manifested itself at the end of 2016, when the implants fell out. (Ibid.) After obtaining a CT scan of the work performed by Defendant on or about 1/19/18, Plaintiff presented it for review to another dental surgeon who advised Plaintiff the implants were...

Excerpt: ... Plaintiff's slip and fall on the defendants' premises. On 6/7/16, Plaintiff filed an Amendment to Complaint naming Roxsan Optimus, LLC (Roxsan”) as Doe 1, and 7/19/17, filed an Amendment to Complaint naming United Valet Parking, Inc. (“United Valet”) as Doe 2. Thereafter, on 11/16/18, Plaintiff filed a Notice of Settlement of Entire Case providing the parties entered into a conditional settlement, and a request for dismissal would be filed...

Excerpt: ... Jacqueline Brice (“Jacqueline”), and Natalie Brice (“Natalie”) filed this action against Defendant, Brian Hensel for injuries arising from a motor vehicle accident. On 11/10/20, Plaintiffs filed their First Amended Complaint (“FAC”) alleging causes of action for (1) negligence, (2) bystander emotional distress, and (3) intentional infliction of emotional distress, and (4) loss of consortium. Defendant now demurs to the FAC arguing th...

Excerpt: ...s (“Plaintiff”) filed this action against Defendants, Jose Mercado and West Central Produce, Inc. (collectively, “Defendants”) for damages arising from a motor vehicle accident. On 1/28/20, Defendants filed motions to compel responses to form interrogatories, special interrogatories, and request for production of documents with the noticed hearing date set for 3/25/20. However, Based on current conditions, including, but not limited to, t...

Excerpt: ...isa Spiegel (“Spiegel”) and Eunice Miduk Park (“Park”) for damages arising from two motor vehicle accidents that occurred one day apart. The complaint alleges Defendant Spiegel is liable for the first accident that occurred on 5/10/18. Park is allegedly liable for the second accident that occurred on 6/28/18. On 10/5/20, Park filed an Application for Good Faith Settlement providing Park and Plaintiff agreed to settle the matter whereby Pl...

Excerpt: ...) and Caterina Michela Lamazza (“Lamazza”) (collectively, “Defendants”) for damages arising from a motor-vehicle accident. Defendant answered on 7/20/20, and then filed a First Amended Answer (“FAA”) on 8/3/20 asserting a general denial and nine affirmative defenses. Plaintiff now moves for summary adjudication as to each of Defendant's nine affirmative defenses. 2. Motion for Summary Adjudication a. Parties' Positions Plaintiff conte...

Excerpt: ...ant Get-Thin Treatments, Inc. (“Get-Thin”) and Does 1 to 40 for negligence and products liability. The complaint alleges Get-Thin operates a holistic weight loss and beauty spa, and that on 9/5/17, Get-Thin took Plaintiff into an examination room and instructed him to sit on a massage table. When Plaintiff attempted to get off the table it flipped and threw Plaintiff to the floor. On 1/15/19, Plaintiff filed an Amendment to Complaint naming F...

Excerpt: ...nts, Hollywood Presbyterian Medical Center, Renaissance Imaging Medical Associates, Inc., Sassan Davoudi, M.D., and Tomer Roth, M.D. for damages arising out of failure to diagnose. On 2/14/20, Plaintiffs filed their First Amended Complaint alleging Eduardo Leiva presented to Defendants in 2012, at which time they failed to diagnose thyroid cancer and instead discharged him with a diagnosis of bronchitis. Plaintiff alleges he did not learn he had ...

Excerpt: ...eph Medical Center, Philippe Quilici, M.D. (“Quilici”), Anika Yousefian, M.D. (“Yousefian”), and Healthcare Partners Affiliates Medical Group (erroneously named and served herein as HealthCare Partners, a Davida Medical Group) (“Healthcare Partners”) for medical malpractice. Plaintiff alleges Defendants misdiagnosed him with stage IV colon cancer, which ultimately led Plaintiff to be referred to hospice care by Yousefian of Healthcare...

Excerpt: ...t Defendants Majestic Realty Company, Pacific Palms Resort, and City of Industry for negligence and premises liability. The complaint alleges that Defendants failed to repair and maintain the fence at 1 Industry Hills Parkway, City of Industry, California 91744 (the “Property”), which resulted in the iron fence collapsing upon Marcelino Osorio (“Osorio”), who was working in the course and scope of his employer at the time. Osorio's employ...

Excerpt: ...ares (“Defendant”) for damages arising from a motor vehicle accident. The complaint includes a prayer for punitive damages. Defendant now moves to strike the punitive damages. Plaintiff opposes the motion. 2. Motion to Strike a. Parties' Positions Defendant contends the complaint is devoid of any facts showing Defendant is guilty of malice, oppression or fraud. Defendant contends the complaint is vague, and while it alleges Defendant drove un...

Excerpt: ...endant Elen Batoyan (“Defendant”) for damages arising from a motor vehicle accident. A Final Status Conference (“FSC”) was set in this matter for 2/5/20, but after Plaintiffs failed to appear, the FSC was continued to 2/13/20. Defendants filed and served notice of the continued FSC date on Plaintiffs, who were in pro per at the time, on 2/6/20. Plaintiffs again failed to appear and the FSC was taken off-calendar; trial remained set for 2/...

Excerpt: ...ntiffs”) filed this action against Defendants, Carlos Ramos, Irma Ramos, Bingzhou Zhao, and Zhe Qi for damages arising out of a four-car accident. On 9/14/20, Defendants Carlos and Irma Ramos (collectively, the “Ramos”) served subpoenas for Wells's medical records to SCPMG/Kaiser Foundation Hospital and Kaiser Permanente- Special Recovery Unit (collectively, “Kaiser”). The Ramos assert the subpoenas were limited to the body parts for wh...

Excerpt: ...Porter, and Albaro Correa (“Correa”) for damages arising out of a four-automobile accident. The parties have cross-complaints pending among themselves as well as the main complaint. On 3/11/20, Correa filed a summary judgment motion directed at Plaintiff's complaint, and on 3/12/20, Correa filed a summary judgment motion directed at the co-defendants Miguel Carillo, Jr.'s and Sarah Porter's (collectively, “Cross- Complainants”) cross-comp...

Excerpt: ...tion against Defendant, Los Angeles County Metropolitan Transportation Authority (“Defendant”) for injuries Plaintiff sustained while a passenger on Defendant's bus. On 11/9/20, Plaintiff filed her First Amended Complaint (“FAC”) alleging causes of action for (1) liability for the wrongful actions and omissions of public employees, and (2) liability for duties and responsibilities as a common carrier under Government Code §§ 815.2 and 8...

Excerpt: ...ndant”), et al. for damages related to the alleged explosion of an e-cigarette. The matter was originally set for trial on 2/18/20, but pursuant to a stipulation the trial date was continued to 4/14/20. (Stipulation filed 12/9/19.) The parties then stipulated to continue this date to 6/2/20. (Stipulation filed 3/20/20.) Pursuant to both stipulations, the parties agreed discovery and motion cut-off dates would not be based on the new trial date....

Excerpt: ...ver City, Laurent Café, LLC and Daniel Danison (“Danison”) for injuries related to Plaintiff's alleged trip and fall on a raised portion of a utility box. Plaintiff allege Defendants negligently owned, maintained, managed, and controlled the subject premises where the condition existed. On 7/14/20, Plaintiff filed an Amendment to Complaint naming Estate of Daniel Danison (the “Estate”) as Doe 1. The Estate, through its administrator, now...

Excerpt: ...) filed this action against Defendants, Joel Willis Porter (“Porter”), Bernice Ruvalcaba (“Ruvalcaba”), Xifei Wu (“Wu”), erroneously sued as Xifei Nu, for damages arising from a motor vehicle accident. Plaintiffs and Porter have entered into a settlement agreement, and Porter has filed an Application for Good Faith Determination pursuant to CCP § 877.6(a)(2). Ruvalcaba now moves to Contest Good Faith Settlement. Wu has filed a joinde...

Excerpt: ... (“Marilou”) filed this action against Defendants, Air Liquide Advanced Materials, Inc., et al. for (1) premises liability, (2) strict products liability- design defect, (3) strict products liability- manufacturing defect, (4) strict products liability- failure to warn, (5) products liability- negligence, (6) breach of express warranty, (7) breach of implied warranty, and (8) loss of consortium. Plaintiff Nomer was allegedly injured at his wo...

Excerpt: ...Family Trust, Sandeep Zaveri Trustee, G.G. Painting Co. (“G.G. Painting”), Seung Moo Han (“Han”), and Myong Nok Lee (“Lee”) for premises liability and negligence. The complaint alleges, “Defendant and each of them so carelessly recklessly negligently and unlawfully owned, operated, managed, maintained, cleaned, built, designed, inspected and repaired the premises located at 1241 W. 19th Street Long Beach, California, so as to create...

Excerpt: ...al and as co-trustee of the Coria Family Trust, dated April 28, 2018 (the “Trust”); and Jose S. Coria (“Jose”) (collectively, “Defendants”), as an individual and as co-trustee of the Trust for damages arising from a motor vehicle vs. pedestrian accident. The complaint alleges claims of negligence and negligence per se against Defendants. Defendants now demur to the complaint arguing it fails to plead any facts or liability against the...

Excerpt: ...), Socorro Cobarruvias, alleged in his first amended complaint that in or about September 2015, he was sexually assaulted at Los Angeles Unified School District's (“LAUSD”) 232nd Place Elementary School while attending defendant Harbor Area Gang Alternative Program's (“Defendant” or “HAGAP”) after-school program. Plaintiff alleges he was sexually assaulted by two boys in the LAUSD bathroom, and that the after-school program supervisor...

Excerpt: ... Ryan Maltzman (“Maltzman”) for injuries arising out of a motorcycle vs. automobile accident. On 1/24/20, Maltzman served subpoenas on Cedars-Sinai Medical Center (“Cedars”), the Department of Health Care Services (“DHCS”), and Mohammed Rezvani, M.D. (“Dr. Rezvani”) requesting Plaintiff's medical records. Plaintiff now moves to quash the subject subpoenas. The moving, opposition and reply papers for each motion are largely identic...

Excerpt: ...ascencia (erroneously sued as Kemberley Michelle Plascencia) (“Defendant”) for damages arising from a motor vehicle accident. The complaint includes an exemplary damages attachment and alleges Defendant willfully and knowingly consumed great quantities of alcoholic beverages before driving her vehicle and causing the accident with Plaintiff. Defendant now moves to strike the punitive damages. 2. Motion to Strike a. Moving Argument Defendant c...

Excerpt: ...dants”) for damages arising out of a motor vehicle accident. Defendants now move for summary adjudication of Plaintiff's bodily injury claims. Defendants asserted affirmative defenses in their Second Amended Answer filed on 7/23/20. (Stip. to Amend Answer filed 7/23/20.) 2. Motion for Summary Adjudication a. Parties' Positions Defendants contend that after the subject accident, Plaintiff entered into an oral settlement agreement with Defendants...

Excerpt: ...ant”) for damages arising from a motor vehicle accident. Defendant previously filed motions to compel responses to form interrogatories, special interrogatories, and request for production of documents against Plaintiff. On 12/7/20, the court granted Defendant's unopposed motions and ordered Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Plaintiff now moves for reconsideration of the court's 12/7/20...

Excerpt: ...una Salvador (“Salvador”) and Joseph E. Sperling, Jr. (“Sperling”) (collectively, “Defendants”) on 9/11/19, for damages arising from a motor vehicle accident. On 11/19/19, Plaintiff filed proofs of service of summons and showing Salvador was personally served on 10/1/19, and Sperling was served by substituted service on 10/24/19, by leaving copies of the summons and complaint with Salvador. On 11/20/19, Plaintiff obtained Salvador's d...

Excerpt: ...nc. (“Inter Stone”) and Luigi Interlandi (“Luigi”) for injuries Plaintiff sustained when acetone ignited and exploded near Plaintiff. Plaintiff was in the scope of his employment with Defendants when the incident occurred. The incident allegedly occurred on 8/23/16, and Plaintiff filed the complaint on 5/2/17. On 5/15/17, Plaintiff filed Amendment to Complaints naming Marina Interlandi (“Marina”) (collectively, with Luigi, the “Inte...

Excerpt: ...nts, Federal Express Corporation and Enrico Arenas (“Defendants”) for damages arising from a motor vehicle accident. Plaintiff alleges that Defendants negligently caused the subject collision. It is undisputed that on the date of the accident, Plaintiff did not have insurance coverage for his vehicle involved in the collision. Thus, Plaintiff's vehicle was not insured as required by the financial responsibility laws of the state of California...

Excerpt: ...is action against Defendant, Benny's Tacos & Rotisserie/Santa Monica, LLC (“Defendant”) for damages arising from a slip and fall at Benny's premises on 1/22/17. The complaint alleges Defendant negligently maintained its property so as to cause Plaintiff to fall on its slippery front concrete porch on a rainy day. Plaintiff, at this time, moves for sanctions against Defendant for spoliation of evidence based on Defendant's alleged failure to p...

Excerpt: ...”) and EAN Holdings LLC for damages arising out of an automobile accident. At this time, Empire Fire and Marine Insurance Company (“Empire”) moves for leave to intervene in the case, contending there is significant evidence that its insured, Dardov, worked in collaboration with Plaintiff to orchestrate the subject accident with fraudulent intent. Empire argues that recently obtained evidence supports its position that the accident was stage...

Excerpt: ...vely, “Plaintiffs”) filed this action against Defendants, William J. Ciccotti and Quanta Utility Engineering Services Inc. for damages arising from a motor vehicle accident. The complaint alleges causes of action for motor vehicle and general negligence. On 11/18/20, Defendant Quanta Utility Engineering Services Inc. (“Quanta”) filed its answer to the complaint, which contains a general denial and 15 affirmative defenses. Plaintiffs now d...

Excerpt: ...Plaintiffs”) filed this action against Defendants Christina Washington (“Washington”), Enterprise Rent A Car (“Enterprise”), and EAN Holdings, Inc. for damages arising from a motor vehicle accident. At this time, Defendants Washington and Enterprise (collectively, “Defendants”) seek to file a cross-complaint against Plaintiff Mejia for equitable indemnity, contribution and declaratory relief. 2. Motion for Leave to File Cross-Compla...

Excerpt: ... LT, and Flavio Sauceda Duran (“Duran”), et al. for damages arising out of an automobile accident. At this time, United Financial Casualty Company (“United”) moves for leave to intervene in the case, contending its insured, Duran, cannot be located. 2. Evidentiary Objections Plaintiff, in opposition, filed four objections to the declaration of Tseng attached to the motion. Objections 1-4 are overruled as the declarant asserts personal kno...

Excerpt: ...ainst Defendants O.H. Casey, Universal Waste Systems, Inc. and Petro Diamond Inc. alleging causes of action for premises liability, negligence and loss of consortium. The complaint alleges that Plaintiff John was on a job site located at Petro Diamond' Inc.'s (“PDI”) premises, and while there he used a portable toilet owned by O.H. Casey. Plaintiffs allege the toilet was negligently placed directly on a curbside where a user of the toilet cou...

Excerpt: ...nt”), et al. for premises liability and negligence on 2/07/18. Plaintiff filed the instant motions to compel responses to form interrogatories, set one, special interrogatories, set one, and request for production of documents, set one, and to deem request for admissions, set one, admitted on 4/14/20. On 4/24/20, the court set the hearing for Plaintiff's motion to compel responses to request for production of documents and motion to compel resp...

Excerpt: ...nder Altoma (“Altoma”) for damages arising from a motor vehicle accident. Plaintiff filed the complaint on 7/30/19. Lyft filed is answer on 10/21/19, and Altoma filed his answer on 11/27/19. Defendant Lyft now moves to continue the current trial date of 1/26/21 to 10/18/21. Altoma filed a Notice of Joinder to the motion, and Plaintiff opposes the motion. Although continuances of trials are disfavored, each request for a continuance must be co...

Excerpt: ...of an automobile accident. Plaintiff filed the complaint on 6/4/19. On 5/7/20, Plaintiff filed proof of service of the summons and complaint showing Defendant was served by substituted service on 3/12/20. On 5/11/20, Plaintiff obtained Defendant's default. 2. Motion to Set Aside Default Defendant now moves to set aside the default arguing it was the result of mistake, inadvertence surprise or the neglect of Defendant's counsel. Defendant provides...

Excerpt: ...uez (“Rodriguez”) and Cynthia Caldera (“Caldera”) for damages arising from a three-vehicle accident. On 10/1/18, Caldera filed a cross-complaint against Rodriguez for indemnification and apportionment of fault. On 4/22/19, Rodriguez filed a cross-complaint against Caldera. Caldera, at this time, moves for terminating sanctions against Plaintiff, or alternatively, evidentiary and monetary sanctions. Caldera moves for terminating sanctions ...

Excerpt: ...nt”) for injuries arising from Plaintiff's fall on a public sidewalk while riding his skateboard. The complaint alleges that Plaintiff was riding his skateboard on the sidewalk when he was thrown off the skateboard because of the dangerous condition of an uneven sidewalk that was obstructed by a shadow from a large tree. The complaint alleges a cause of action for premises liability with counts of (1) negligence, (2) willful failure to warn, an...

Excerpt: ..., Leah Ellen Sherman (“Defendant”) for damages arising from a motorcycle vs. automobile accident. The complaint alleges a single cause of action for negligence against Defendant. On 11/2/20, Defendant filed an answer to the complaint. Defendant's answer asserts a general denial and 10 affirmative defenses. Plaintiff now demurs to Defendant's answer arguing that Defendant fails to allege any facts to support the defenses. In opposition, Defend...

Excerpt: ...t one, on Defendant Fereidoun Shafaghi (“Shafaghi”), and RFAs, set one, on Defendant Nika Limousine Service, LLC (“Nika Limousine”) on 11/6/19. Plaintiff provides that as of filing the motion, neither Defendant Shafaghi or Nika Limousine has served responses. Plaintiff therefore seeks an order deeming the RFAs admitted against each Defendant. On 12/14/20, Shafaghi and Nika Limousine (collectively, “Defendants”) each filed an oppositio...

Excerpt: ...Tamisha Vaughner (“Plaintiff”) filed this action against Defendant Forest Park Village Homeowners Association, Inc. (“Defendant”) for damages arising from an automobile accident. On 6/30/20, Defendant filed the instant motion to deem the genuineness of the documents in request for admissions (“RFAs”), set one, admitted, and the motion to compel further responses to RFAs, set one, Nos. 2 and 3. The RFAs request: PLAINTIFF TAMINSHA VAUG...

Excerpt: ...ndant”) for damages arising from a motor vehicle accident. On 5/29/20, Plaintiff filed this motion to compel further responses to demand for production of documents, set two. The parties participated in an Informal Discovery Conference on 12/22/20; however, the issues were not resolved. (Min. Order 12/22/20.) Plaintiff now moves to compel further responses to his request for production of documents (“RPDs”), set two, No. 20, which demands "...

Excerpt: ...is action against Defendant, Hacienda La Puente Unified School District (“HLPUSD”) and Does 1-100 for injuries minor Plaintiff sustained when his forehead made contact with a protruding metal screw. The complaint contains a single cause of action for negligence pursuant to Government Code § 835. On 11/17/20, Plaintiff filed an Amendment to Complaint naming Hyytinen Engineering, Inc. (“Hyytinen”) as Doe 4. Hyytinen now demurs to the compl...

Excerpt: ...omobile accident. Plaintiffs filed the action on 11/03/17. They filed proof of service of the summons and complaint on Defendant on 12/01/17. They filed proof of service of their statements of damages on Defendant on 10/15/19. On 10/16/19, the Clerk entered Defendant's default. On 11/21/19, the court set an Order to Show Cause Re: Dismissal for Failure to Enter Default Judgment (“OSC”), which was ultimately continued to 11/02/20. (Notice of C...

Excerpt: ...ourian (“Defendant”) for damages arising from a dog bite incident. The complaint alleges causes of action for (1) strict liability and (2) negligence. The complaint alleges that when Plaintiff was walking her dog, Defendant's dog attacked and bit Plaintiff and Plaintiff's, which caused the death of Plaintiff's dog and caused Plaintiff serious injury. The complaint includes a prayer for punitive damages. Defendant, at this time, moves to strik...

Excerpt: ...ty of Los Angeles (the ”City”) for damages arising out of Plaintiff's fall on a sidewalk. On 4/18/19, Plaintiff filed an Amendment to Complaint naming Anaheim Gardens Housing, LLC (“Anaheim Gardens”) as Doe 1. The complaint alleges Plaintiff tripped on a protruding piece of concrete from the sidewalk, which caused Plaintiff to fall and suffer injury. (Compl. ¿ 12.) Anaheim Gardens now moves for summary judgment Plaintiff. 2. Motion for S...

Excerpt: ...i, M.D. and Cedars-Sinai Medical Center (collectively, “Defendants”) for wrongful death/medical malpractice. Plaintiff alleges Defendants were negligent in providing medical care to Plaintiff's wife, Molly Cope, and the negligence resulted in her death. During discovery, Plaintiff made clear that he alleges Defendants failed to recommend a follow-up colonoscopy, which colonoscopy would have led to an earlier diagnosis of her cancer; she ultim...