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: ...“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: ...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: ...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: ...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: ...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: ... 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...