Excerpt: ...t of a slip and fall. The basic facts relating to the fall are not disputed. Plaintiff was dining at Defendant's restaurant and was seated on the patio. The patio was adjacent to an area containing sand and fine-ground dirt. When Plaintiff and her family finished dining, she got up out of her chair to use the restroom. However, as she was getting out of the chair, she could not gain traction, slipping and falling on accumulated sand/gravel under ...

Excerpt: ... Defendant, the Vons Companies Inc., for premises liability and negligence. Plaintiffs allege they were patrons at one of Defendant's stores when cases of water fell on Plaintiffs and caused them to suffer injury. The relevant procedural history of this matter is as follows: Defendant propounded form interrogatories, special interrogatories, RPDs, and RFAs on Plaintiffs on 9/05/19. Because Plaintiff did not serve responses, Defendant moved to com...

Excerpt: ...tiffs”), filed this action against Defendants, Renato Calabria, M.D. (“Calabria”) and 90210 Surgery Center (the “Surgery Center”) (collectively, “Defendants”) for medical malpractice and loss of consortium. Plaintiffs allege Defendants negligently rendered care and treatment to Jeanette on 1/3/17, when Jeanette underwent an upper blepharoplasty, an endoscopic temporal brow lift, a vertical facelift and a cell enriched autologous fat...

Excerpt: ... and Urban Baldwin, LLC for negligence and premises liability. The First Amended Complaint alleges that on 3/12/20, Plaintiff was eating at Defendants' restaurant, where it was raining, and rainwater was leaking through the roof into the premises. Defendants' employees placed buckets on the floor of the premises to catch the rainwater. However, rainwater still fell onto the floor, and after Plaintiff was done with his meal and got up to leave, Pl...

Excerpt: ...urgical Center of Beverly Hills (“Linden”), and Brendan J. Carroll, M.D. for medical malpractice arising out of complications relating to a left inguinal hernia repair with mesh performed by Dr. Carroll. The case was scheduled for a Final Status Conference (“FSC”) on 1/03/20, but was continued to 1/13/20, and then 1/14/20, which was the trial date. (Min. Orders 1/3/20 and 1/13/20.) At the 1/14/20 FSC and trial, the court dismissed Plainti...

Excerpt: ...is action against Defendants, Jean-Paul Chiari and Yucaipa Monterey II, LLC (collectively, “Defendants”) for damages arising from a motor vehicle accident. Plaintiffs now move to quash Defendants' subpoenas for Plaintiff's high school and employment records served on Estacia High School, Balboa Bay Resort, and AC Hotel Irvine. 2. Plaintiffs' Motion to Quash Subpoenas fir High School and Employment Records a. Parties' Positions Plaintiffs argu...

Excerpt: ...l malpractice arising out of Defendant's care and treatment of Plaintiff. Plaintiff alleges Defendant negligently misdiagnosed Plaintiff's condition and caused him to suffer further pain and injuries. Defendant filed its motion on 5/12/20. Based on current conditions, including, but not limited to, the spread of COVID-19, the court set these matters to be heard on 10/29/20 and ordered the moving party, Defendant, to give notice of the hearing dat...

Excerpt: ...ts, City of Los Angeles (the “City”) and County of Los Angeles for injuries Plaintiff sustained while riding his bike on a public sidewalk. The complaint alleges causes of action for (1) premises liability and (2) general negligence. The City now demurs to the second cause of action in the complaint arguing that Plaintiff's exclusive remedy against the City is a claim under Government Code § 835, not general negligence. Further, the City mov...

Excerpt: ...arm for damages arising from a motor vehicle accident. The complaint alleges causes of action for motor vehicle and general negligence. On 4/24/20, Defendant filed her Answer to Complaint asserting a general denial and 10 affirmative defenses. Plaintiffs now demur to the answer. Plaintiffs argue none of the affirmative defenses are supported by factual allegations, and thus, the affirmative defenses are improperly pled. In opposition, Defendant c...

Excerpt: ... and through his guardian ad litem (“GAL”), Karen Cheng, M.D., filed this action against 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 sustai...

Excerpt: ...Frank”) and Helen Sarnoski (“Helen”) for damages arising out of an automobile accident. Plaintiff served a deposition notice on Defendants setting the deposition of Defendant Helen Sarnoski for 5/29/20. On 5/13/20, Defendants served an objection to the subject deposition notice. Defendants now move to quash the deposition notice or for a protective order to prevent Plaintiff from taking Helen's deposition. The court originally heard this ma...

Excerpt: ...n against Defendant, Mario Sanchez, Jr. for damages arising out of an automobile accident and subsequent assault. Plaintiff propounded form interrogatories on Defendant on 7/26/19. Defendant initially served nothing but objections to the form interrogatories, but Defendant ultimately agreed to serve supplemental responses on or before 10/11/19, which he did. Plaintiff continued to believe many of the responses were deficient, and Plaintiff wrote ...

Excerpt: ...�) PMQ's depositions were originally set to be heard on 4/02/20. Based on current conditions, including, but not limited to, the spread of Covid-19, the court set these matters to be heard on 10/09/20 and ordered the moving party, Plaintiff, to give notice of the hearing date. (Minute Order 4/28/20.) As of 10/05/20, moving Plaintiff has not filed any such notice with this court. The hearing on the motion is continued to _________________ at 8:30 ...

Excerpt: ...nc. for damages arising from an incident involving a high-powered hose. The complaint asserts that Defendant was a plumbing company called to unclog outdoor drains at Plaintiff's place of employment, and that while unclogging the drains, Defendant asked Plaintiff to hold the hose while the machine was turned on. The complaint alleges that when the machine was started, the hose flew back and struck Plaintiff beside the head, ear, neck and shoulder...

Excerpt: ...rising out of an automobile accident. Plaintiff filed the action on 4/02/18. On 1/13/20, Plaintiff filed a motion for leave to file a First Amended Complaint (“FAC”), which was granted, and on 2/7/20, Plaintiff filed his FAC alleging causes of action for (1) negligence – motor vehicle, (2) negligence per se, and (3) negligence – premises liability. The FAC added East West Bank as a defendant to which only the third cause of action for pre...

Excerpt: ...of Los Angeles (the “City”) for damages arising from a trip and fall on a sidewalk. On 7/22/19, Plaintiff filed an Amendment to Complaint naming Defendant Universal Villas, LLC (“Universal Villas”) as Doe 1. Plaintiff's First Amended Complaint, filed 9/18/19, alleges causes of action for (1) dangerous condition of public property against the City and LADWP, and (2) premises liability against Universal Villas. Defendant Universal Villas no...

Excerpt: ...�LAUSD”) and Aspire Public Schools dba Aspire Gateway Academy Charter School (“Aspire”) (collectively, “Defendants”) for (1) dangerous condition of public property, (2) negligence, and (3) premises liability. The complaint alleges that on 1/31/19, a large speaker toppled and fell on Plaintiff's head and body while Plaintiff was a student at Aspire's school. Defendants filed the instant demurrer to the complaint on 5/20/20. Based on curr...

Excerpt: ...action for negligence. The complaint alleges that Plaintiff was on a flight traveling from Los Angeles to Peru and was seated next to a larger gentleman whose size prevented the seat separator/arm rest from being down. Plaintiff requested a different seat, but Defendant did not change his or the gentleman's seat. The complaint alleges Defendant was negligent in not removing the passenger who occupied two seats but only paid for one, and Plaintiff...

Excerpt: ...rdian ad litem, Rosalinda Perez, Rosalinda Perez (“Perez”), and Sean Elliott (“Elliott”) filed this action against Defendants, Torrance Unified School District and Arnold Elementary School for (1) negligence, (2) negligent hiring, supervision, or retention of employees, (3) dangerous condition of public property, and (4) negligent infliction of emotional distress. The complaint alleges that Plaintiff Ryder is an 11-year-old who attends Ar...

Excerpt: ... Concrete Cutting, Inc. for damages arising from a motor vehicle accident. The incident allegedly occurred on 9/9/16. Plaintiff, at this time, moves to quash Defendants' deposition subpoenas served on Gold's Gym & Fitness (“Gold's”) seeking Plaintiff's gym records, on Occidental College Child Development Center (the “College”) seeking Plaintiff's employment records, and on Allstate Northbrook Indemnity Company c/o Corporation System (“A...

Excerpt: ...t, Julie Mathews for damages arising from a motor vehicle accident. Plaintiff moves to compel Defendant's deposition and request for production of documents. 2. Motion to Compel Deposition a. Meet and Confer A motion to compel deposition “shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things descri...

Excerpt: ... Roza, Jr., Mariners Village Apartment Homes, E&S Ring Management Corp., and Marina Admiralty Company for damages arising out of an incident that occurred at Defendants' apartment building. Plaintiff alleges the residents of Defendants' building, including Plaintiff and da Roza, were invited to Defendants' annual Halloween party on 10/27/17. She alleges Defendants invited its residents to an event with light refreshments and live music. She alleg...

Excerpt: ...ant's property. Plaintiff alleges she was sitting on Defendant's couch without a backrest, which was placed against a wall in the hotel lobby; when one of the other guests rose from the couch, the couch flipped over and Plaintiff sustained injuries. Plaintiff and the other guests inspected the hotel, and the inspection revealed the couch was missing a leg and had been sitting dangerously against the wall with only three legs attached. Plaintiff n...

Excerpt: ...ndant”), including Los Angeles World Airports, for damages arising from an incident involving an escalator owned, maintained and operated by Defendant on Defendant's property. On 11/13/18, Plaintiff filed her First Amended Complaint asserting a single cause of action for dangerous condition of public property pursuant to Government Code § 835. The FAC alleges that on 8/4/17, Plaintiff was injured when the shoe of Plaintiff's sister got caught ...

Excerpt: ...nisha Robertson and Lisa Meadows for damages arising from a motor vehicle accident. Plaintiff, at this time, moves for a protective order, or in the alternative an order quashing, Defendants deposition subpoena for production of business records served on Allstate Insurance Company (“Allstate”). 2. Motion for Protective Order a. Parties' Arguments Plaintiff provides Defendants served Allstate with a deposition subpoena requesting Plaintiff's ...