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: ...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: ...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: ... (“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: ... 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: ...), 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: ...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: ...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: ...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...