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...