Excerpt: ...0, 2020 1. Background Plaintiffs, Elvira Jeronimo and Bryan Jeronimo (collectively, “Plaintiffs”) filed this action against Defendants, Jean-Paul Chiari and Yucaipa Monterey II, LLC (collectively, “Defendants”) for damages arising from a motor vehicle accident. 2. Plaintiffs' Motion to Compel Further Responses On 3/5/20, Plaintiffs filed the instant motions to compel further responses to interrogatories, set one, and request for productio...

Excerpt: ...ichael Posekian for damages arising out of an automobile accident. Plaintiff's complaint includes a prayer for punitive damages, which is premised on the allegation that Defendant was intoxicated at the time of the accident. Plaintiff seeks a ruling permitting him to conduct financial condition discovery against Defendant. Defendant opposes the motion. Based on current conditions, including, but not limited to, the spread of Covid-19, the court s...

Excerpt: ...Insurance Company as real party in interest, filed this action against Defendants Memo's Scaffolding Norwalk, Inc. and Bernard's Construction Group, Inc. for damages arising out of a workplace accident that injured Jose Luis Guzman. Jose Luiz Guzman, as plaintiff in intervention, brings claims against Memo's Scaffolding Norwalk, Inc., Bernard's Construction Group, Inc., and Selma and Vine North Hollywood LLC for damages arising out of the same ac...

Excerpt: ...dant's property. Plaintiff filed the complaint on 9/05/18. Plaintiff has not, to date, filed proof of service of the summons and complaint on Defendant. On 2/19/20, the Court called the matter for an FSC. On 3/05/20, the Court called the matter for trial. No party appeared for the FSC or trial, and on 3/05/20, the Court dismissed the case. 2. Motion to Set Aside Dismissal At this time, Plaintiff moves to set aside the dismissal. Plaintiff's attor...

Excerpt: ...f sustained allegedly because of an unmarked trench Defendant created and failed to protect against. On 11/4/19, Plaintiff filed a proof of service showing substituted service of the summons and complaint on Defendant. The proof of service provides that the documents were served on Robert Pina (“Pina”), Defendant's authorized agent to receive process, by substituted service when the documents were served on “Eric Houng, Clerk (Person Appare...

Excerpt: ... out of a trip and fall on the public sidewalk. 2. Motion for Summary Judgment Defendant moves for summary judgment on the complaint. It contends it is entitled to judgment as a matter of law because the defect at issue was trivial. Plaintiff opposes, arguing (a) the City itself concedes the defect was not trivial, (b) Plaintiff's expert testimony establishes the defect was not trivial, and (c) aggravating factors, including shadows and the fact ...

Excerpt: ...LACMTA (“Defendant”) for damages arising out of a trip and fall on Defendant's platform. The fall occurred on 2/13/17. The complaint alleges causes of action for (1) dangerous condition of public property and (2) negligence against Defendant. Defendant now moves for summary judgment arguing it is entitled to judgment as a matter of law. 2. Motion for Summary Judgment a. Moving Argument As to the first cause of action for dangerous condition o...

Excerpt: ...ainst Defendant, Schrab Aliashraflo for damages arising out of a fall that occurred on a hillside between Plaintiff's and Defendant's property. Plaintiff alleges the fall caused more severe injuries than it otherwise would have because Defendant was doing construction on his property and had recently dug a deep trench into which Plaintiff fell. Plaintiff sustained various soft tissue injuries because of the accident, and various fractures. Plaint...

Excerpt: ...wan (“Kwan”) and Volcano Grill, Inc. for damages arising from a motor vehicle accident. The complaint alleges causes of action for (1) motor vehicle negligence, (2) negligence, and (3) negligent entrustment and includes a prayer for punitive damages. Defendant Kwan now moves to strike the punitive damages. 2. Motion to Strike a. Moving Argument Kwan contends the complaint merely alleges he was intoxicated and traveling 75 mph on the freeway a...

Excerpt: ...l Posekian for damages arising out of an automobile accident. Plaintiff's complaint includes a prayer for punitive damages, which is premised on the allegation that Defendant was intoxicated at the time of the accident. Plaintiff seeks a ruling permitting him to conduct financial condition discovery against Defendant. Defendant opposes the motion. Based on current conditions, including, but not limited to, the spread of Covid-19, the court set th...

Excerpt: ...OT (2) ORDER GRANTING IN PART DEFENDANTS THE STATE'S AND HASZ'S APPLICATION FOR AN ORDER RESUMING THE DEPOSITION OF PLAINTIFF AND FOR ADDITIONAL TIME BEYOND SEVEN HOURS TO FAIRLY EXAMINE HER (3) ORDER GRANTING SAMUEL AARON KAUFMAN AND JILL WATSON KAUFMAN'S MOTION FOR PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION Dept. 31 10:00 a.m. August 31, 2020 1. Background Plaintiff, Anabelle Acosta (“Plaintiff”) filed this action against Defendants, Sam...

Excerpt: ...fendants, Beverly Hills Physicians, Tsung-Lin Roger Tsai, M.D., and Maher Anous, M.D. for medical malpractice and loss of consortium. Plaintiffs' First Amended Complaint alleges that on 8/13/18, Cruz consulted and engaged Defendants to be her medical surgeons for cosmetic surgery procedures, but Defendants negligently treated and caused injury to Cruz. Defendant Tsung-Lin Roger Tsai, M.D. (“Tsai”) moves for summary judgment. 2. Motion a. Movi...

Excerpt: ... Business Corporation Group, Inc.; Jonathon Cheung; Uber Technologies, Inc.; Rasier, LLC; Rasier-CA, LLC; Rosa Martinez; Eva Salinas Luna; Millan Bartolo; and Does 1 to 100 for damages arising from two motor vehicle accidents that occurred one day apart. The complaint alleges Defendants Abacus Business Corporation Group, Inc., Jonathon Cheung; Uber Technologies, Inc. Rasier, LLC; Rasier-CA, LLC; and Rosa Martinez are liable for the first accident...

Excerpt: ...Family Daycare (the “Gaynor Daycare”), and Vance Pierce (“Pierce”) for damages Plaintiff sustained when he was four months old while supervised by Defendants at the Gaynor Daycare. The complaint alleges that while Defendant Traci Lynn Gaynor (“Traci Lynn”) claimed Plaintiff was tipped out of a swing by another child and caused Plaintiff to suffer a traumatic brain injury, Traci Lynn shook Plaintiff as a four-month- old baby resulting ...

Excerpt: ... Defendants, Edward Wheeler and Sam Chung for damages arising out of an automobile accident. Plaintiffs filed their complaint on 7/02/18. Wheeler filed an answer and cross-complaint against Chung on 10/02/18. Chung filed an answer to the complaint and cross-complaint on 1/25/19. Trial was scheduled for 5/01/20, but the trial date was recently vacated because of the temporary closure of the courts to the public due to the spread of COVID-19. 2. Mo...

Excerpt: ...incident. On 3/8/19, Plaintiff filed an Amendment to Complaint naming Defendant Vylox, Inc. as Doe 1. Defendant, Vylox, Inc. (“Vylox”) filed this demurrer on 1/15/20, setting it for hearing on 6/10/20. The demurrer is directed at Plaintiff's Second Amended Complaint, which Plaintiff filed on 7/29/19. Based on current conditions, including, but not limited to, the spread of Covid-19, the court set this matter to be heard on 8/27/20. (Min. Orde...

Excerpt: ...� for injuries Plaintiff sustained while eating a pizza at Defendant's business. On 2/27/20, Plaintiff filed his First Amended Complaint (“FAC”) alleging causes of action for (1) negligence, (2) breach of implied warranty of habitability, and (3) strict liability in tort. Defendant now demurs to the FAC arguing the second cause of action for breach of implied warranty of habitability and third cause of action for strict liability in tort fail...

Excerpt: ...this action against Defendant, Los Angeles County Metropolitan Transportation Authority for damages Plaintiff sustained while a passenger on Defendant's bus. Plaintiff alleges Defendant's driver negligently and carelessly accelerated the bus immediately after Plaintiff boarded Defendant's bus. Defendant now moves (1) for leave to amend its answer and (2) to compel the defense mental examination of Plaintiff. 2. Motion for Leave to Amend Answer De...

Excerpt: ... and Brookvale International Corp. for damages arising out of a fall that occurred while she was working for non-party, Capital Logistics. Plaintiff added Moving Defendant, Neil J. Curry Trust, as Doe 1; Plaintiff alleges the Trust owned the property on which she fell and is liable for her fall because it provided inadequate and/or insufficient and/or non- functioning and/or non-existent lighting on the premises, and the lack of lighting caused h...

Excerpt: ... Defendants, Burbank Community YMCA, Angela Buck, and Miriam Romero (collectively, “Defendants”) for injuries Plaintiff sustained while attending Defendants' preschool between the ages of 2 to 3 years old. The First Amended Complaint (“FAC”) alleges Defendant Miriam Romero (“Romero”) used a spray bottle to spray Plaintiff in the face when he was crying. Romero now moves to strike portions of the FAC. The FAC alleges a cause of action ...

Excerpt: ... and Samer Mohammad Dali Alshloul for damages arising out of an automobile accident. Plaintiffs recently added SuperShuttle, LLC as a doe defendant in the action. Plaintiffs noticed Defendant, Fastrans's PMK deposition on numerous occasions. The parties ultimately agreed to set the deposition for 10/16/19. On 10/16/19, Fastrans produced Robert Greer as its PMK deponent. Mr. Greer testified that he is not, nor never was, an employee of Fastrans. M...

Excerpt: ...at occurred on an LACMTA bus. Plaintiff alleges she was a passenger on Defendant's bus, and the driver negligently operated in the vehicle in a manner that caused the doors of the vehicle to come into contact with her body. Defendant identified Olga Aparicio as the bus driver involved in the incident, and Plaintiff named Aparicio as Doe 1 on 8/13/19. Plaintiff propounded interrogatories and RPDs on Defendant, and Defendant responded. The parties ...

Excerpt: ...LC (also erroneously sued as Anschutz Entertainment Group, Inc.) for (1) negligence and (2) premises liability. The premises liability cause of action includes a second count for willful failure to warn in violation of Civil Code § 846. This count alleges Defendant willfully or maliciously failed to guard or warn against a dangerous condition, use, structure or activity. Further, the complaint alleges that “On or about December 29, 2019, at th...

Excerpt: ...unity Hospital, Hrak Derderian, M.D., and Goyal Maheep for medical malpractice arising out of Defendants' care and treatment of him in connection with an emergency room visit following an automobile accident. Currently, Dr. Derderian and Mission Community Hospital each move for summary judgment, respectively. The basic facts relating to this matter are undisputed. Plaintiff was involved in an automobile accident on 9/06/17 at approximately 11 p.m...

Excerpt: ...e Fukumori for premises liability/negligence. Plaintiff alleges she was attending an open house at a home owned/being shown by Defendants, and Defendants failed to warn her of a small step between the common area and the master bedroom. 2. Motion for Summary Judgment At this time, Defendant, Jason Guo (“Guo”), who owned the premises, moves for summary judgment arguing that the condition was open and obvious such that Guo is relieved of any du...

Excerpt: ... 1 through 100 for injuries Plaintiff sustained after he tripped and fell on a displaced sidewalk and struck an adjacent electrical metal box. The complaint alleges causes of action for (1) negligence; (2) premises liability; (3) public entity liability: dangerous condition of public property; and (4) public entity liability: acts and omissions of government employees. On 5/14/19, Defendant City of Los Angeles (the “City”) filed a cross-compl...

Excerpt: ... against Defendants, Los Angeles Rams, LLC (“Rams”) and Contemporary Services Corporation (“CSC”) for injuries Plaintiffs sustained at a football game on 9/27/18 at the Los Angeles Memorial Coliseum. The pertinent facts are as follows: Tabacznik attended the subject game with family members, while Bergin attended the game with his girlfriend, Nicole Buena (“Ms. Buena”), and his friends. At halftime, Plaintiffs went to a concession sta...

Excerpt: ... Inc. and Does 1-25 for damages arising out of a slip and fall on Defendants' property. The complaint alleges causes of action for negligence and premises liability. On 7/20/18, Plaintiff filed an Amendment to Complaint naming Mrs. Gooch's Natural Food Market. Inc. as Doe 1. Mrs. Gooch's Natural Food Market. Inc. (“Defendant”) now moves for summary judgment. 2. Motion for Summary Judgment a. Undisputed Facts Plaintiff was shopping at Defendan...

Excerpt: ...aszof”) (collectively, “Plaintiffs”) filed this action against Defendants Kaiser Permanente Medical Center (“Kaiser”) and Modern Parking, Inc. (“Modern”) for negligence and premises liability. Plaintiffs alleged that on 9/21/17, Magyar parked at the rooftop level of Kaiser's parking structure, which was in the possession and control of Modern, and that as Magyar proceeded to take the stairs down, she slipped and fell down the wet st...

Excerpt: ...amercy Industrial, LLC, and Philip D. Rahimzadeh (collectively, Cross- Complainants”) alleging a negligence/premises liability against Defendants. On 3/28/18, Force-6111 Gramercy Industrial, LLC and Philip D. Rahimzadeh filed a cross-complaint against Motev, LLC, Lawrence A. Pollister, and Morgan Freeman alleging causes of action for (1) indemnification, (2) apportionment of fault, (3) declaratory relief, and (4) express indemnity. At this time...

Excerpt: ...drea Debose (“Debose”), Patricia Bussey (“Bussey”), and Henry Arnette (“Arnette”) filed this action against Defendant, Robert Weller for damages arising out of an automobile accident. On 6/11/20, Defendant, Robert Weller filed the following six motions to compel discovery responses and deem requests for admissions admitted: (1) motion to compel form interrogatories, special interrogatories and request for production of documents again...

Excerpt: ... 1-25 alleging causes of action for negligence and premises liability. The complaint alleges that Defendants negligently set up a bounce house on the lawn of the subject premises in close proximity to large pipes on the lawn that created a dangerous condition. Plaintiff was acting as a acting as a volunteer for a youth group associated with Westgate Community Bible Church and was assigned to monitor the children on the premises, but while on the ...

Excerpt: ...T Dept. 31 1:30 p.m. August 13, 2020 1. Background Plaintiffs, Jose Carbajal and Maria Teresa Carbajal filed this action against Defendants, Ying H. Chen, et al. for injuries Plaintiff Jose Carbajal (“Jose”) allegedly sustained when he fell from scaffolding while performing window cleaning services for Defendants. On 4/5/19, Plaintiffs filed an Amendment to Complaint naming GDC/CDG Five Knolls Venture, LP as defendant Doe 1. Defendants GDC/CD...

Excerpt: ...d this action against Defendants, Lincoln Transportation Services, Inc. the Estate of Carlos Hernandez Canizares, and Does 1-25 for damages arising out of a motor vehicle accident. On 6/27/19, Plaintiffs filed an Amendment to Complaint naming Lincoln Transport Phoenix Inc. as Doe 1. On 5/8/20, Plaintiffs then filed a Request for dismissal as to Defendant Lincoln Transport Phoenix, Inc. (“Lincoln Phoenix”) only. Plaintiffs now move to compel t...

Excerpt: ...Entertainment Television, LLC, et al. for damages arising out of an on-the-job injury. Plaintiffs allege Patrick was acting as a stunt man on a production of a television show when Defendant, Danielle Mone Truitt applied too much pressure during a choke hold, causing him to pass out, become unconscious, and strike his head on the ground, sustaining injuries. The operative First Amended Complaint alleges causes of action for (1) negligence against...

Excerpt: ...alindo”) (collectively, “Plaintiffs”) filed this action against Defendants Christina Washington (“Washington”), Enterprise Rent A Car, and EAN Holdings, Inc. for damages arising from a motor vehicle accident. At this time, Washington moves for a Protective Order for the Deposition of Domingo Mejia and Protective Order for the Deposition of Raquel Galindo. The two motions are largely identical, and thus, the court will analyze and addres...

Excerpt: ...ants, Timur Ishkov; Esquivel Saul Barragan; Artash Poghosyan DBA Lion Gate Transport; Arutro Cejaaltamirano and Does 1 to 25 for damages arising out of a motor vehicle vs. pedestrian incident. On 8/23/19, Plaintiff filed an Amendment to Complaint naming Retail Marketing Services, Inc. as Doe 1, and filed an Amendment to Complaint on 10/16/19, naming Citywide Cart Recovery as Doe 4. Plaintiff alleges that on 5/17/16, Defendant Saul Barragan (“Ba...

Excerpt: ...ry for damages arising out of an automobile accident. Plaintiffs' original complaint included a prayer for punitive damages, and Defendant moved to strike the prayer and related allegations. Prior to the hearing, Plaintiffs filed their operative First Amended Complaint. The FAC also includes a prayer for punitive damages, and on 11/27/18, the Court heard Defendant's motion to strike the prayer and related allegations. The Court denied the motion....

Excerpt: ...“Plaintiffs”) filed this action against Defendant, Long Beach Memorial Medical Center (“Defendant”) for medical negligence and loss of consortium. Plaintiff alleges that on 6/19/18, Plaintiff was admitted to Defendant's facility for a scheduled caesarian section delivery, but that prior to the caesarian section that day, a nurse negligently placed an I.V. in Plaintiff's right wrist causing pain and discomfort. Defendant now moves for summ...

Excerpt: ...dually and as a personal representative of Anthony Melendez, decedent, and Hector Melendez (“Melendez “) filed this action against Defendants, City of Long Beach and State of California for damages arising out of the alleged wrongful death of Decedent Anthony Melendez. Melendez died while driving in Long Beach; he encountered a painted gore point and lost control of his vehicle and drove through a plastic traffic divider. The complaint allege...

Excerpt: ...1 10:00 a.m. July 28, 2020 1. Background Plaintiff, Ever Brown filed this action against Defendants, Loai Khouja and Michael Ryan Maltzman for injuries arising out of a motorcycle vs. automobile accident. On 11/14/19, Plaintiff served Defendant Maltzman (“Defendant”) with Plaintiff's Request for Production of Documents (“RPD”), Set One, and Form Interrogatories, Set One. After receiving responses, Plaintiff attempted to meet and confer wi...

Excerpt: ...ng at Defendant Costco Warehouse Corporation's (“Costco”) store, Defendant Chae Jones (“Jones”) ran through the store and intentionally knocked Romer-Pollis to the ground injuring her. Romer-Pollis initially filed her complaint against Defendants on November 19, 2018. On May 17, 2019, Romer-Pollis filed her First Amended Complaint alleging causes of action for negligence against Costco and intentional tort against Jones. Romer-Pollis alle...

Excerpt: ...RAM'S MOTION FOR SUMMARY JUDGMENT (3) ORDER FINDING HARBOR AREA GANG ALTERNATIVES PROGRAM'S MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE, AND SPECIAL INTERROGATORIES, SET ONE, MOOT (4) ORDER FINDING HARBOR AREA GANG ALTERNATIVES PROGRAM'S MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, MOOT Dept. 31 1:30 p.m. July 28, 2020 I. PLAINTIFF'S MOTION FOR RECONSIDERATION 1. 1/13/20 Ruling on Mot...

Excerpt: ...gainst Defendants City of Los Angeles, County of Los Angeles, Rolando Chicas, and Hortencia Chicas for damages arising out of Martinez's fall on a sidewalk. On 4/19/19, Martinez filed his First Amended Complaint alleging a claim for premises liability against all Defendants and negligence against Defendants Rolando Chicas and Hortencia Chicas. Plaintiff alleges that Defendants negligently owned, maintained, managed, operated, or controlled the pr...

Excerpt: ...grated Mechanical Solutions, Inc., AwesomenessTV Holdings, LLC, and Viacom, Inc. for damages arising out of serious injuries sustained when an air conditioning unit fell and struck him on the head. On 7/18/19, Plaintiff filed an Amendment to Complaint naming Howard Building Corporation as Doe 5. The complaint alleges causes of action for negligence and premises liability against all defendants. Plaintiff allege he was injured while working for F ...

Excerpt: ...ed assault and battery that occurred at one of Defendant's San Francisco locations. 2. 2/04/20 Motion to Transfer Venue On 2/04/20, the Court heard Defendant's motion to transfer venue. The Court issued the following tentative ruling prior to the hearing, and ultimately adopted the tentative as the final ruling on the motion: a. Parties' Positions Defendant moves to transfer venue to San Francisco County and seeks imposition of sanctions against ...

Excerpt: ...ropractic Corp., A.P.C. (“GCC”), erroneously named and served as Ghassemi Chiropractic Corp. dba San Pedro Chiropractic and Posture, (collectively, “Defendants”) for medical negligence. On 2/15/29, Plaintiff filed his First Amended Complaint alleging that on 9/13/16, Plaintiff received chiropractic care by Ghassemi, and that on that date Ghassemi negligently performed a chiropractic adjustment on Plaintiff by pulling his left foot with ex...

Excerpt: ... Segundo Unified School District for damages arising out of an incident that occurred during recess on a playground. Plaintiff's complaint alleges causes of action of premises liability and negligence against Defendant. First, the complaint alleges Defendant's maintained the premises with a tricycle path on the playground in a dangerous condition that subjected children to an unnecessary risk of harm. Plaintiff was allegedly playing on the premis...

Excerpt: ...ns for damages arising out of a vehicle accident. 2. Motion to Compel Completion of Examination On 12/12/19, Defendant served Plaintiff with a demand for Plaintiff to submit to an independent medical examination, which was scheduled to be performed by Charles D. Rosen (“Dr. Rosen”) on 2/27/20. On 2/27/20, Plaintiff appeared for the examination with Dr. Rosen and was accompanied by her attorney. Defendant asserts that at the examination, Plain...

Excerpt: ...obile accidents. 19STCV32403 arises out of an accident allegedly caused by Defendants, Eze Christopher Blaine and Enterprise Rent-a-Car of Los Angeles, LLC. 19STCV32862 arises out of a subsequent accident allegedly caused by Defendants, Serena Brooks, Lewis E. Wilkenfeld, Nathaniel Christian Jr. Arlington, and Kristi Gerrits. Plaintiff complains of overlapping injuries as a result of each of the two accidents. 2. Related Cases The two cases have ...

Excerpt: ...filed this action against Defendants, San Miguel Auto Repair, Ardon's Tires, Cantore Family Trust, and Does 1-20 for damages arising out of a dog bite incident. Plaintiff subsequently added Janice Cantore as a doe defendant. Ardon's was the owners of the dog at issue, and the Cantore Trust and Janice Cantore (collectively “Defendants”) were the dog owners' landlords. The complaint includes causes of action for (1) negligence, (2) strict liabi...

Excerpt: ...cts Plaintiff Robert Arthur Ferber (“Ferber) filed this action against Defendants City of Calabasas (“Calabasas”) and Calabasas Sorrento Square (“Sorrento Square”) for injuries arising from Ferber tripping and falling on a public sidewalk in front of 23622 Calabasas Road in the City of Calabasas. The complaint alleges causes of action for premises liability and negligence against Calabasas and alleges negligence against Sorrento Square....

Excerpt: ...Defendant Norms Restaurant, LLC (“Norms”) for the sole cause of action of negligence. On 8/8/19, Hohl filed a First Amended Complaint alleging that on 4/9/17 Hohl went to Norms' restaurant and was served contaminated food that resulted in Hohl suffering food poisoning. Hohl alleges that within 25 minutes of eating a gumbo soup she was served, she began feeling abdominal pain and vomiting. Hohl alleges that she felt fine prior to eating the me...

Excerpt: ...operties, LLC, the City of Los Angeles, and County of Los Angeles for injuries arising from a slip and fall on a sidewalk. On 8/28/19, Defendant Active Properties, LLC (“Defendant”) propounded its Request for Production of Documents, set one, on Plaintiff. After receiving responses from Plaintiff, Defendant contended that the responses were deficient. Defendant filed this motion to compel further responses on 1/03/20, setting it for hearing o...

Excerpt: ...oration, managed and maintained its business and premises in such a negligent and careless manner that it caused a dangerous and hazardous condition on the subject premises that caused Amaya injuries. Amaya alleges that Salvation Army held certain sales events at the premises, which would have large numbers of customers gather at the entrance to Salvation Army's store waiting for it to open so that they could aggressively rush into the store, and...

Excerpt: ...ronenberg, filed this action against Defendant, Regents of the University of California. On 1/29/20, Plaintiff filed her First Amended Complaint (“FAC”) for (1) professional negligence and (2) wrongful death. Plaintiff alleges she is the surviving spouse of Decedent, who died as a result of Defendant's negligent care and treatment. 2. Demurrer At this time, Defendant demurs to the FAC. Defendant demurs on the ground that the entire FAC is bar...

Excerpt: ... of Animal Care and Control, Nino Lim, Cristalle Lim, Bridgeport Community Association, Inc., and Valencia Management Group for damages arising out of a dog attack incident. The Lims were the owners of the dog at issue, Bridgeport was the HOA of Plaintiffs' and the Lims' properties, and Valencia was the property management company for the HOA. 2. Motion for Summary Judgment Bridgeport and Valencia move for summary judgment on the complaint, conte...

Excerpt: ...gainst Defendant Chateau W6600, LP (“Chateau”) alleging claims for premises liability and general negligence. Plaintiffs allege that a fire occurred in the apartment that they rented from Chateau due to Chateau's negligence. Chateau now moves for summary judgment arguing that the fire was solely caused by the persons inside Plaintiffs' apartment, and that the fire is directly related to materials collected inside an oven by Plaintiffs. Plaint...

Excerpt: ...d assault and battery that occurred at one of Defendant's San Francisco locations. 2. 2/04/20 Motion to Transfer Venue On 2/04/20, the Court heard Defendant's motion to transfer venue. The Court issued the following tentative ruling prior to the hearing, and ultimately adopted the tentative as the final ruling on the motion: a. Parties' Positions Defendant moves to transfer venue to San Francisco County and seeks imposition of sanctions against P...

Excerpt: ...Hospital, Hrak Derderian, M.D., and Goyal Maheep for medical malpractice arising out of Defendants' care and treatment of him in connection with an emergency room visit following an automobile accident. 2. Motion for Summary Judgment a. Moving Argument At this time, Dr. Derderian moves for summary judgment, contending he complied with the standard of care at all times, and nothing he did caused or contributed to Plaintiff's claimed damages. Defen...

Excerpt: ...leging claims for negligence and premises liability. Campos alleges that while he was visiting Defendants' premises, he was walking down a set of stairs when his foot caught a step and slipped down the stairs because there was no barricade or handrails to prevent his fall. 2. Motions to Quash On 1/22/20, Defendant Wells Ament, LLC (“Wells Ament”) served Deposition Subpoenas for Production of Business Records on Cedars Sinai Medical Center (Ra...

Excerpt: ...cidents. BC658162 arises out of accidents that occurred on 4/30/15 and 1/06/16. 20STCV00674 arises out of a subsequent accident that occurred on 8/31/19. Plaintiff complains of overlapping injuries as a result of each of the three accidents. 2. Related Cases BC658162 and 20STCV00674 have been deemed related and are pending in D-31. See minute order relating cases, 1/27/20. 3. Motion to Consolidate At this time, Plaintiff moves to consolidate BC65...

Excerpt: ...-Car, Enterprise Holdings, Inc., and Hyungi Kim for damages arising out of an automobile accident. 2. Demurrer At this time, Enterprise demurs to the complaint, contending it fails to state a cause of action against Enterprise due to the application of the Graves Amendment, codified at 49 USC §30106(a). The Graves Amendment states: (a) In general. An owner of a motor vehicle that rents or leases the vehicle to a person (or an affiliate of the ow...

Excerpt: ...Synthes Productions, Inc. for medical malpractice arising out of Defendants' care and treatment of him in connection with an Orthovisc injection for arthritis pain. Plaintiff has settled with Dupuy and has dismissed Liu, leaving only Flexogenix as an active defendant in the action. 2. Motion for Summary Judgment a. Moving Argument At this time, Flexogenix moves for summary judgment, contending it complied with the standard of care at all times, a...

Excerpt: ...omobile accidents. 19STCV32403 arises out of an accident allegedly caused by Defendants, Eze Christopher Blaine and Enterprise Rent-a-Car of Los Angeles, LLC. 19STCV32862 arises out of a subsequent accident allegedly caused by Defendants, Serena Brooks, Lewis E. Wilkenfeld, Nathaniel Christian Jr. Arlington, and Kristi Gerrits. Plaintiff complains of overlapping injuries as a result of each of the two accidents. 2. Related Cases The two cases hav...

Excerpt: ... slip and fall. 2. Motion to Compel Deposition and IME Defendants filed this motion to compel Plaintiff's deposition and IME on 3/04/20, shortly before the statewide emergency declaration in light of the COVID-19 pandemic. The crux of the issue on the motion is whether Plaintiff's deposition and/or IME should be conducted in Nevada or California. It is undisputed that Plaintiff resides in Nevada, and that the slip and fall that forms the basis of...

Excerpt: ...to meet and confer with Plaintiff's attorney. Ultimately, on 9/21/17, they filed a motion to deem the RFAs admitted. The moving papers were served on Plaintiff via service on his attorney of record at the time, D. Hess Panah. On 10/10/17, Plaintiff filed a notice of association of counsel. The notice indicated that the McElfish law firm was associating in with Panah as Plaintiff's additional attorney of record, and asked that all future correspon...

Excerpt: ...nd Westwood Dermatology for medical malpractice. Plaintiff alleges Defendants failed to timely diagnose his cancer and failed to have the knowledge and capability to perform a Mohs procedure on Plaintiff. Plaintiff alleges each of the foregoing acts constitutes medical malpractice, as Defendants failed to meet the standard of care for treating Plaintiff. Plaintiff added LA Laser Center, PC as Doe 1 in the lawsuit. The court overrules Defendants' ...

Excerpt: ...Daniel Keith, Jr., M.D., Inc. (collectively, “Defendants”) for damages arising out of Defendants' removal of a birthmark from Plaintiff's left cheek. Plaintiff alleges Defendants left the birthmark uneven, discolored, and looking worse than it did prior to treatment. Plaintiff alleges causes of action for negligence and medical negligence, and seeks to recover general damages, special damages, interest on economic damages, and costs of suit. ...

Excerpt: ... accidents. BC658162 arises out of accidents that occurred on 4/30/15 and 1/06/16. 20STCV00674 arises out of a subsequent accident that occurred on 8/31/19. Plaintiff complains of overlapping injuries as a result of each of the three accidents. 2. Related Cases BC658162 and 20STCV00674 have been deemed related and are pending in D-31. See minute order relating cases, 1/27/20. 3. Motion to Consolidate At this time, Plaintiff moves to consolidate B...

Excerpt: ...hear Defendant's motions to compel on 1/13/20. Prior to the hearing, the Court issued a tentative ruling. There were no appearances at the hearing, and the Court adopted its tentative ruling. The ruling was as follows: Defendant, Harbor Area Gang Alternatives Program propounded form interrogatories, special interrogatories, RPDs and RFAs on Plaintiff on 8/26/19. To date, despite multiple attempts to meet and confer, Plaintiff has not served respo...

Excerpt: ... Defendant, Sunset Riviera Homeowners Associations for damages arising out of a fall on Defendant's stairs. Plaintiff claims a variety of injuries arising out of the accident, including serious injuries to her back and ankle. 2. Relief Sought Defendant moves for an order requiring Plaintiff to sit for two IMEs, one with a back specialist and one with a lower extremities specialist. Defense Counsel declares Dr. Phillip S. Yuan specializes in spina...

Excerpt: ...politan Transportation Authority and the City of Los Angeles for damages arising out of a fall that occurred when Plaintiff was a passenger on an MTA bus; she alleges the driver negligently closed the door on her foot, causing her to fall. The complaint includes a sole cause of action for negligence, but includes allegations that LACMTA is liable for negligent hiring, training, and retention of the driver of the bus. 2. Motion to Strike a. Hiring...

Excerpt: ...damages arising out of an automobile accident. 2. Motion to Compel Psychiatric IME a. Parties' Positions Defendant moves to compel Plaintiff to attend an IME with a psychiatrist. Defendant moves to compel the examination on the ground that Plaintiff is claiming PTSD as a result of the accident, and Defendant needs to evaluate those claims in order to prepare for trial. Plaintiff opposes the motion, arguing (a) she is pursuing only a garden variet...

Excerpt: ...efendants premise their motion on the contention that the parties fully settled all claims that form the basis of this lawsuit, and the doctrine of accord and satisfaction requires the dismissal of the case. The Court continued the hearing on the motion to 11/13/19 to permit Plaintiffs to file opposition to the motion. The Court, on 11/13/19, granted the motion for summary judgment. The Court found Defendants met their moving burden to show they ...

Excerpt: ...aintiff, Victoria Rivera filed this action against Defendant, Foothill Presbyterian Hospital for damages arising out of alleged medical malpractice. 2. Requested Relief At this time, Plaintiff moves to amend the complaint to clarify her allegations, correct an error, and add more information. Specifically, Plaintiff seeks leave to amend ¶¶8 and 10 of her complaint as follows: Current ¶8: Plaintiff suffered internal leakage of the bile into her...

Excerpt: ... “Plaintiffs”) filed this action against Subaru of America, Inc. and Universal Auto Group dba Subaru of Glendale (“Universal”) for negligence and loss of consortium. The complaint alleges that Universal negligently repaired Cati's vehicle, including by failing to put adequate and proper fluids in the transmission, causing it to seize up and fail while Plaintiff drove on the freeway. Plaintiffs allege the negligent repair caused the vehicl...