Excerpt: ...”), erroneously sued as Motel 6, for premises liability. Defendant propounded form interrogatories and requests for production of document on Plaintiff on 4/29/19. After Plaintiff failed to respond to the discovery, Defendant filed a motion to compel the relevant discovery, which the court granted on 12/19/19. The court ordered Plaintiff to respond to the discovery without objections and imposed monetary sanctions of $1,220 against Plaintiff. (...

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-Com...

Excerpt: ...aggravated assault and battery. The complaint alleges Plaintiff “was beaten by 4 security guards because [Plaintiff] refused to give up [her] hospital wristband.” (Compl. at p. 3.) Defendant Robert Allen (“Allen”) now demurs to the complaint arguing the first cause of action for assault and the second cause of action for battery fail to state sufficient facts to constitute a claim against Allen. Further, Allen asserts that none of the exh...

Excerpt: ... Stern (“Stern”) and Teresa Mullin-Larsen (“Larsen”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. The complaint alleges that Plaintiff's permissive use driver, Tony Frazier, was driving Plaintiff's vehicle when Stern, who was driving without a valid driver's license, crashed into the rear of Plaintiff's vehicle. The complaint alleges Larsen is the owner or bailee of the owner of the vehicle Stern was...

Excerpt: ... Rubicon B Hacienda, LLC (“Rubicon”), Marriott International Inc. (“Marriot”), and Does 1 to 50 alleging causes of action for negligence and premises liability. The complaint alleges Plaintiff was injured while working on a construction project at Rubicon's premises. The basic undisputed facts are as follows: Rubicon is the owner of the property located at 525 North Sepulveda Blvd., El Segundo, CA 90245 (the “Premises”). (UMF 4.) On o...

Excerpt: ...les, Los Angeles Department of Water and Power, and Encore Construction, LLC (“Encore”) for damages relating to Plaintiff's trip and fall on a sidewalk. The complaint alleges causes of action for (1) premises liability against all defendants and (2) negligence against Encore. Encore now demurs to the complaint arguing the complaint fails to state a cause of action against it because the complaint merely pleads Encore owns the premises at or n...

Excerpt: ...ly, “Plaintiffs”) filed this action against Defendants, EPL Express, Inc, et al. for damages arising from a motor vehicle accident. The complaint alleges causes of action for motor vehicle negligence and loss of consortium. On 10/28/19, Plaintiffs filed an Amendment to Complaint naming Asendia USA, Inc. (“Asendia”) Doe 1. On 7/16/20, Defendants Asendia and Nick Bersaluce filed an answer to the complaint. Thereafter, on 7/28/20, Asendia fi...

Excerpt: ...action against Defendants, Luke Roofing, Inc. (“Luke Roofing”) and Guadalupe Jose Gutierrez (“Gutierrez”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. Defendants move for an order changing venue to Orange County Superior Court. 2. Motion to Change Venue a. Parties' Positions Defendants move to transfer venue to Orange County on the grounds that this is where the accident occurred, Gutierrez lives in ...

Excerpt: ...lle Plascencia (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 Defen...

Excerpt: ...fornia Department of Transportation and City of Pasadena for damages arising from a trip and fall on a public sidewalk. On 7/23/18, Plaintiff filed the complaint with a single claim for negligence. Defendant City of Pasadena (the “City”) now demurs to the complaint arguing the City cannot be liable for a claim for general negligence as a matter of law. The City asserts it is a public entity, and thus, its alleged liability must be premised on...

Excerpt: ...en S. Tehan (“Defendants”) for damages arising from a motor vehicle accident. On The complaint alleges claims for (1) motor vehicle, (2) general negligence, and (3) negligence per se. Defendants now demur to the complaint arguing the third cause of action arguing negligence per se is not a proper cause of action and is duplicative of the negligence claims. In opposition, Plaintiff asserts that Plaintiff has the right to plead negligence per s...

Excerpt: ...Plaintiff”) filed this action against Defendant, Omid Khorshidi (“Defendant”) for damages relating to an alleged physical altercation between Plaintiff and Defendant that occurred at the Santa Monica Courthouse on 5/26/16. On 5/25/18, Plaintiff filed a complaint against Defendant asserting multiple claims against Defendant for the incident. Plaintiff then filed a first amended complaint on 5/19/20. On 6/22/20, Defendant filed a cross-compla...

Excerpt: ...rte”), Maravilla Utility Services for damages, and Meat Market (collectively, “Defendants”) for premises liability and negligence. Plaintiff alleges that he tripped and fell on a pothole as he was walking towards Defendants' store. Plaintiff, at this time, moves to quash Defendant Rodarte's deposition subpoenas served on Bimbo Bakeries USA, Inc. (“Bimbo”) seeking Plaintiff's employment records. 2. Analysis a. Parties' Positions Plaintif...

Excerpt: ...arising from a motor vehicle accident. Defendant, at this time, moves to enforce a settlement agreement pursuant to CCP § 664.6. Defendant provides that on 10/14/19, Plaintiff's counsel sent a letter to Defendant's insurance carrier, Kemper Insurance (“Kemper”), with an offer to settle for Defendant's policy limit of $25,000. The demand was open for 30 days, and the letter stated that a declaration of no other insurance (“DNOI”) was requ...

Excerpt: ...Structural, Inc., et al. for damages arising from Plaintiff's fall from a balcony. Defendant Alpha Structural, Inc. (“Alpha”) now moves for an order requiring Plaintiff to file an undertaking in this action pursuant to CCP § 1030. Alpha asserts that Plaintiff has disclosed he is a resident of the state of South Carolina, and that there is a reasonable possibility it will obtain a judgment in its favor. 2. Motion to Require Plaintiff to File ...

Excerpt: ...Sunset, LLC, erroneously sued as Saddle Ranch Holdings, LLC, (“Defendant”) for injuries Plaintiff sustained while eating an artichoke dip at Defendant's business. On 8/20/20, Plaintiff filed her operative First Amended Complaint (“FAC”) alleging a single cause of action for negligence. The FAC alleges that as Plaintiff ate the artichoke dip she ordered, she felt discomfort in her throat, and that when Plaintiff looked closely at the dip, ...

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-com...

Excerpt: ..., City of Redondo Beach (“Defendant”) for injuries Plaintiff sustained after tripping on a public sidewalk. On 3/13/20, Plaintiff filed the First Amended Complaint (“FAC”) alleging a claim for statutory liability for negligence of a public entity for injury caused by a dangerous condition pursuant to Government Code §§ 815.2, 820(a) and 835 and Civil Code § 1714. Defendants now demurs to the Government Code §§ 815.2 and 820 and Civil...

Excerpt: ...ic (the “Animal Clinic”) and Wagdi Estafanous (collectively, “Defendants”) for injuries Plaintiff sustained when she took her cat to the Animal Clinic on 9/7/18, where Defendants instructed Plaintiff to hold her cat and injected the cat with a needle, which caused the cat to bite Plaintiff's hand . On 2/26/20, Plaintiff filed the complaint alleging a single cause of action for negligence. Defendants now demur to the complaint arguing that...

Excerpt: ...ndez”), Cynthia Quirino (“Quirino”), and Rosanna Eusebio (“Eusebio”) for damages arising from two motor vehicle accidents that occurred approximately four months apart. The complaint alleges Defendants Hernandez and Quirino are liable for the first accident that occurred on 2/23/18, and Eusebio is liable for the second accident that occurred on 6/28/18. On 7/2/20, Hernandez and Quirino filed an application for determination of good fait...

Excerpt: ...e II (“Doe II”), Uber Technologies, Inc, (“Uber”), and Rasier-CA LLC for damages arising from a motor vehicle accident. The complaint alleges that while Plaintiff was a passenger in Doe I's car, Doe II negligently collided with Doe I's vehicle causing injury to Plaintiff. The complaint alleges that at the time of the accident, Doe I was a driver and was Uber's agent. Further, the complaint alleges that both Doe I and Doe II were under the...

Excerpt: ...endant”) alleging (1) public entity liability and (2) negligence. The complaint alleges that Plaintiff was lawfully riding her bicycle on the street when a dangerous condition caused Plaintiff to fall when her front bicycle tire was suddenly caught in an unsafe groove in the surface. The public entity liability claim cites Government Code §§ 815, 815.4, 815.6, 830, 830.8, 835, 835.2 and 835.4. Defendant at this time moves to strike the refere...

Excerpt: ...dants, KLTS, LLC dba Green CLS and Theophilus Obembe (collectively, “Defendants”) for damages arising from a motor vehicle accident. On 11/20/20, Defendants filed an ex parte application for an order shortening time to immediately hear Defendants' motion for leave to allow a second Independent medical examination (“IME”) of Plaintiff. On 11/24/20, the court granted Defendants' ex parte application and set the motion to allow a second IME ...

Excerpt: ...nst Defendants, Brian Martin Valdivia (“Valdivia”) and Ecology Auto Parts, Inc. (“Ecology”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. The complaint alleges causes of action for (1) negligence, (2) negligence – statutory liability, (3) negligent infliction of emotional distress (“NIED”), and (4) negligent hiring. Defendants now demur to the complaint arguing the second cause of action for neg...

Excerpt: ...gies, Inc. (“Uber”), Rasier LLC, Rasier-CA LLC, and Silvia Carter (“Carter”) for damages arising from a motor vehicle accident. The complaint alleges that Carter negligently collided with Plaintiff's vehicle while Carter was providing transportation services through Uber's app, and so, Carter was an agent, employee, or partner of Defendants Uber, Rasier LLC, and Rasier-CA LLC. Defendants Uber, Rasier LLC, and Rasier-CA LLC (collectively, ...