Excerpt: ...Avenue LLC (“Ocean Avenue”), et al. for injuries Plaintiff sustained when he was physically attacked by two men- Defendants Maxwell Brecher and Bryce Doyle- in a restaurant owned or managed by Defendants Ocean Avenue, MSD Partners, and FRHI Hotels & Resorts. On August 19, 2020, Plaintiff filed an Amendment to Complaint naming ATF Private Security, Inc. (“ATF”) as Doe 1. Plaintiff then filed the operative First Amended Complaint (“FAC”...

Excerpt: ... Maria Montiel (“Petitioner”), filed this action against Defendant, Grand Valley Health Care Center, LLC for medical malpractice. Plaintiff was dropped by Defendant's employee while Plaintiff was under Defendant's care. Plaintiff suffered a right hip fracture and injury to her right arm. Plaintiff has not recovered completely from the injuries. The court originally heard this matter on December 3, 2020, where it issued the following order: �...

Excerpt: ...rena (“Plaintiff”) filed this action against Defendants, Matthew Eric Sher (“Sher”) and Rocker Bros. Meat & Provision, Inc. (“Rocker Bros.”) (collectively, “Defendants”) for damages arising out of motor vehicle accident. Defendant Rocker Bros. now moves to compel a second deposition of Plaintiff. In addition, Rocker Bros. moves to compel an additional Independent Medical Examination (“IME”) of Plaintiff. 2. Motion to Compel Se...

Excerpt: ...ction against Defendants, Kristina L. Farranto, Bruce Farranto, and Bruce Balent (“Balent”) for damages relating to a dog bite incident. The First Amended Complaint (“FAC”) alleges causes of action for (1) negligence against all Defendants, (2) strict liability under Civil Code § 3342, and (3) loss of consortium on behalf of Kathleen. The FAC alleges on May 9, 2018, Christopher was lawfully on Defendants' front porch to tell Kristina L. ...

Excerpt: ...ice Drake, Jr. (“Plaintiff”) filed this action against Defendants, Zara Express, LLC and Teklit Okbagergish Tesfaldet (collectively, “Defendants”) for damages arising from a motor vehicle accident. Defendants, at this time, move to continue the trial date. In addition, Defendants move to compel Plaintiff's mental examination. 2. Motion to Continue Trial On June 9, 2021, Defendants filed an Ex Parte Application to Continue Trial, which the...

Excerpt: ...X Leasing Corporation, and Jesus Ortiz (“Ortiz”) for damages arising from a motor vehicle vs. pedestrian accident. On June 2, 2020, Plaintiff filed an Amendment to Complaint naming Betts Express as Doe 1. On February 11, 2021, the Plaintiff and Defendant Betts Express (“Betts” or “Defendant”) participated in an Informal Discovery Conference (“IDC”) relating to Plaintiff's motions to compel further responses to form interrogatories...

Excerpt: ...Goosby, City of Los Angeles (the “City”), and Los Angeles Police Department for damages relating to a motor vehicle accident that occurred on February 7, 2019. Plaintiff's complaint alleges causes of action for motor vehicle and general negligence. Defendant now demurs to the complaint arguing Plaintiff failed to comply with the Government Claims Act. Defendant asserts Mercury Insurance Company (“Mercury”) submitted the only government cl...

Excerpt: ...ion for relief from failure to file timely government tort claims against Respondents, Pomona Unified School District (“PUSD”), City of Pomona (the “City”), and County of Los Angeles (the “County”). This matter was originally heard on December 4, 2020. At the December 4, 2020 hearing, the court directed the parties to submit further briefing outlining how the petition was or was not timely no later than December 23, 2020. PUSD and Pet...

Excerpt: ...nt, Eliyahu Tanger (“Defendant”) for damages arising out of a motor vehicle accident. At this time, Defendant seeks leave to file a First Amended Answer (“FAA”) to allege additional affirmative defenses not pleaded in the original answer. Plaintiff opposes the motion, and Defendant filed a reply. 2. Motion for Leave to File First Amended Answer Defendant argues the facts and evidence discovered through discovery show Defendant can avail h...

Excerpt: ...filed this action against Defendants, City of Los Angeles (the “City”) and Toll Bros., inc. for damages relating to Plaintiff's trip and fall on a sidewalk. On March 12, 2021, Plaintiff filed his First Amended Complaint (“FAC”) alleging causes of action for (1) premises liability, (2) negligence, (3) governmental liability – dangerous condition of public property pursuant to Government Code §§ 835 and 895.2, and (4) governmental liabi...

Excerpt: ...ccessors in interest, et al. (collectively, “Plaintiffs”) filed this action against Defendants, Hambone's BBQ & Po Boys, Inc. (“Hambone's”), Kenneth D. Hamilton, Andrea Hamilton, Daryl Jamaal Hamilton (collectively with Kenneth D. Hamilton and Andrea Hamilton, the Hamiltons”), and Ashraf Kamal Kamel Khalil (“Khalil”) for damages arising from an accident involving two vehicles driven by Khalil and Daryl Jamaal Hamilton, respectively,...

Excerpt: ...ach (the “City”) and Does 1-25 for damages relating to Plaintiff's trip and fall on a public sidewalk. The complaint alleges tripped and fell “as a result of a dangerous condition in the form of a height differential/drop off between the sidewalk and a dirt area, which created a trip hazard, a steep side slope, as well as the lack of lighting, due to a broken street light, a lack of lighting in the subject area, and a shadow in the area whe...

Excerpt: ...tiffs”) filed this action against Defendant, Enrique P. Arrison (“Defendant”) alleging a single cause of action for negligence relating to a motor vehicle accident that occurred on July 5, 2018. The complaint includes claims for personal injuries and property damage by the Plaintiffs. At this time, Defendant moves to strike Howard's personal injury claim arguing it is barred by the two-year statute of limitations under CCP § 335.1. Defenda...

Excerpt: ...Keith Smith a.k.a. Ernest K. a.k.a. Keith Smith (“Defendant”), et al. for damages arising out of an automobile accident. Defendant filed the instant motion to compel Plaintiff's physical examination on February 10. 2021, setting it for hearing on June 8, 2021. However, due to the fact the court was not available to hear motions on June 8, 2021, the court continued the hearing to June 9, 2021, and ordered moving party, Defendant, to give notic...

Excerpt: ... damages arising out of an automobile accident on Defendant's property. At this time, Defendant moves to compel Plaintiff's independent medical examination (“IME”). Defendant also seeks an order imposing sanctions. II. Motion to Compel IME On April 16, 2020, Defendant noticed Plaintiff's IME for June 11, 2020, Dr. Jennifer Kaur Sohal M.D. (“Dr. Sohal”). On June 11, 2020, Plaintiff appeared for the examination without counsel, but Plaintif...

Excerpt: ... for premises liability relating to Plaintiff's slip and fall in Defendant's store. At this time, Defendant moves for judgment on the pleadings. Defendant provides the court granted Defendant's motion deeming request for admissions, set one, admitted on March 3, 2021, whereby Plaintiff admitted Defendant was not at faut for the incident alleged in the complaint, Defendant is not liable to Plaintiff for negligence, Plaintiff was not physically, me...

Excerpt: ...uglas Industrial Medical Clinic (“Defendant”) for professional negligence. Plaintiff alleges Defendant improperly prescribed Plaintiff ibuprofen, which is a non-steroidal anti-inflammatory drug (“NSAID”), despite Plaintiff reporting she was allergic to NSAID due to her history of bariatric surgeries. Defendant now moves for summary judgment. 2. Motion for Summary Judgment a. Moving Argument Defendant argues Defendant is entitled to summar...

Excerpt: ...oneously sued and served as 5850 Canoga, LLC dba Allison Asset Mana); Avalon Property Services, Inc.; Payman Razinia, and Transwestern Property Company West, LLC dba Transwestern, erroneously sued and served as Transwestern, (collectively “Defendants”) for negligence and premises liability. The complaint alleges that Plaintiff and slipped and fell on a wet floor near the entrance of Defendants' building on or about March 13, 2018. Defendants ...

Excerpt: ...t, LLC (“Defendant”), improperly named as Marriott International, Inc., alleging a single cause of action for premises liability. The complaint alleges that Defendant was staying at Defendant's property and eating breakfast in the designated dining area. When Plaintiff was leaving the dining area, Plaintiff slipped on scrambled eggs left on the floor and was injured. Defendant now moves for summary judgment. Plaintiff opposes the motion, and ...

Excerpt: ...syan”) and Oxana Erush (“Erush”) (collectively, “Defendants”) damages arising from a motor vehicle accident. The complaint includes causes of action for intentional tort and negligence. Hovhannisyan previously moved for judgment on the pleadings as to the first cause of action. Hovhannisyan's motion for judgment on the pleadings was granted with 20 days' leave to amend. (Min. Order, February 10, 2020.) However, Plaintiff never filed a F...

Excerpt: ...��) and Chetankumar N. Desa (“Desa”) for damages relating to the alleged wrongful death of Decedent, Carlos Jose Rodriguez (“Rodriguez”). The complaint alleges Culver City Fire Department personnel were dispatched to Defendants' property and directed to a utility closet that been converted to a living space, where the Fire Department found Decedent unresponsive. Decedent was pronounced dead, and the official cause of death was carbon mono...

Excerpt: ...rough his Guardian Ad Litem, Yousef Bidgoli, filed this action against Defendant, Los Angeles Unified School District alleging causes of action for dangerous condition of public property and negligence. The complaint alleges Plaintiff was on Defendant's property as a special needs student at Grand View Elementary School (the “School”), and under supervision of the School's staff, when Plaintiff fell and was seriously injured. Defendant now mo...

Excerpt: ...Medical Center and Brendan Carroll, M.D. for damages relating to the alleged wrongful death of Decedent Deborah Gamson (“Decedent”). On March 30, 2021, Plaintiff filed his First Amended Complaint (“FAC”) alleging a single cause of action for wrongful death based on medical malpractice. Defendant Cedars-Sinai Medical Center (“Defendant”) now demurs to the FAC arguing the FAC is defective because it fails to join indispensable parties, ...

Excerpt: ... June 1, 2021 1. Background On April 4, 2017, Plaintiffs, Armando Japa Cabanlit (“Armando”), Patricia Nathali (“Nathali”), Ethan Cabanlit (“Ethan”), a minor, by and through his guardian ad litem, Patricia Nathali, (collectively, “Plaintiffs”) filed this action against Defendants, Con-Way Freight Inc. (“Con-Way”), XPO Logistics Freight (“XPO”), and Jose Nunez Hernandez (“Hernandez”) for damages arising from a collision ...

Excerpt: ...0 a.m. June 1, 2021 1. Background Plaintiff, Robin Greer (“Plaintiff”) filed this action against Defendants, Jeffrey McMahon and Shannon McMahon for injuries arising out of a motor vehicle accident. On January 7, 2021, Plaintiff filed the instant motion to compel further responses to form interrogatories, set one, 13.1 and 13.2, and request for production of documents (“RPDs”), set one, No. 9 against Defendant Shannon McMahon (“Defendan...

Excerpt: ...z”) and Eboni Victoria Sosa (“Sosa”) (collectively, “Plaintiffs”) filed this action against Defendant, Lincoln Darren Graham and Clifford Lee (collectively, “Defendants”) for damages arising from a motor vehicle accident that occurred on or about December 31, 2016. The complaint alleges a cause of action for motor vehicle and general negligence. On March 26, 2021, Sosa's counsel filed an Amendment to Complaint naming Rodriguez as Do...

Excerpt: ...strict (“LESD”) for damages relating to Segovia's alleged sexual abuse of Plaintiff while Plaintiff was a student at LESD's school. The complaint alleges Segovia was Plaintiff's teacher while the sexual misconduct occurred. Defendant LESD now moves for summary judgment, or in the alternative, summary adjudication as to the fourth cause of action for negligence and fifth cause of action for negligent hiring and retention asserted against LESD....

Excerpt: ...against Defendant, Ramzi Zaki Kiriakos, M.D. (“Defendant”) for medical malpractice. On March 11, 2021, the parties participated in an Informal Discovery Conference (“IDC”) regarding discovery disputes between the parties, but the disputes were not resolved. By agreement of the parties, any motion resulting from the IDC was to be brought within 30 days of March 11, 2021. On April 9, 2021, Plaintiff filed the instant motion to compel furthe...

Excerpt: ...an Jin (“Jin”) (collectively, “Defendants”) alleging a cause of action for premises liability. The complaint alleges that Defendants negligently maintained their property as to allow a dangerous condition to exist. Defendants now move for summary judgment. This matter was originally heard on April 22, 2021, where the court ordered Plaintiff to again serve the opposition on Defendants. Defendants were ordered to file any reply no later tha...

Excerpt: ...ant”) for damages arising from a motor vehicle accident. Defendant now moves for summary judgment. 2. Motion for Summary Judgment a. Parties' Positions Defendant asserts California Insurance Guarantee Association (“CIGA”) is administering Plaintiff's claims and providing a defense to Defendant because Defendant's insurance carrier was ordered into liquidation. Defendant contends there is no relief available to Plaintiff because Plaintiff's ...

Excerpt: ...rrinnam, DDS, and Joo Hyung Kim, DDS for negligence. The complaint alleges Defendants were negligent in the preparation and treatment of Plaintiff's two upper front teeth for veneers. Defendant Joo Hyung Kim, DDS (“Defendant” or “Kim”) previously moved for summary judgment, which was granted on April 20, 2021. On April 28, 2021, Plaintiff filed the instant motion for reconsideration of the court's order granting Defendant's motion for sum...

Excerpt: ...�Plaintiff”) filed this action against Defendant, Los Angeles Unified School District erroneously sued as West Valley Occupational Center (“Defendant” or “LAUSD”) for injuries relating to Plaintiff's slip and fall on Defendant's property. On November 30, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) negligence, (2) premises liability, and (3) dangerous condition of public prope...

Excerpt: ...rdumyan (collectively, “Defendants”) for damages arising from a motor vehicle accident. At this time, Defendants move to compel Plaintiff's mental examination. Plaintiff opposes the motion, and Defendants filed a reply. This matter was originally heard on May 18, 2021, where it was continued to May 26, 2021 to allow Plaintiff to respond to the proposed tests and scope of the exam, which Defendants provided in their reply. 2. Motion to Compel ...

Excerpt: ..., et al. for premises liability. Plaintiff propounded request for admissions (“RFAs”), set one, on Defendant on November 19, 2019. Timely responses were not served, and Plaintiff moved to deem the admissions admitted against Defendant. On April 2, 2021, Plaintiff's motion to deem the subject RFAs admitted was granted. Defendant now moves for relief from the order. Plaintiff opposes the motion, and Defendant filed a reply. 2. Motion for Relief...

Excerpt: ... al. alleging causes of action for negligence and premises liability. The complaint alleges Plaintiff was entering a classroom on Defendant's premises when Plaintiff tripped and fell on a bag or similar item and struck his body on a misplaced printer and microwave. Defendant now moves for summary judgment. Plaintiff opposes the motion, and Defendant filed a reply. 2. Motion for Summary Judgment a. Moving Argument Defendant argues it is entitled t...

Excerpt: ...”) for negligence and premises liability. The complaint alleges Plaintiff suffered injuries after slipping and falling while exiting the defendants' property on March 22, 2020. At this time, Plaintiff moves to quash seven deposition subpoenas served by Defendants, PBM 1, LLC, P.A.C. Properties, and Peter Andrew Coeler (collectively, “Defendants”) on (1) Los Angeles Fire Department, (2) Beach Cities Internal Medicine, (3) Miller Radiology, (...

Excerpt: ...briel Ramirez (“Plaintiff”) filed this action against Defendant Get-Thin Treatments, Inc. (“Get-Thin”) and Does 1 to 40 for negligence and products liability. The complaint alleges Get-Thin operates a holistic weight loss and beauty spa, and that on September 5, 2017, Get-Thin took Plaintiff into an examination room and instructed him to sit on a massage table. When Plaintiff attempted to get off the table it flipped and threw Plaintiff t...

Excerpt: ...nd County of Los Angeles for damages arising out of an automobile accident that killed Decedent, Charles Wang. The Court heard Defendant the City of Torrance's motion for summary judgment on August 26, 2020, where it took the matter under submission. On October 8, 2020, the City's motion for summary judgment was granted. On December 10, 2019, Plaintiffs filed a Notice of Appeal. Thereafter, on April 14, 2020, the City filed its memorandum of cost...

Excerpt: ...efendant, Elaine Wailing Chu (“Defendant”) for damages arising from a motor vehicle accident. Plaintiff now moves for terminating sanctions against Defendant and for monetary sanctions against Defendant for filing an unsuccessful motion for protective order. 2. Motion for Terminating Sanctions Plaintiff seeks an order striking Defendant's answer for failing to abide with the court's September 22, 2020 Order and producing further verified resp...

Excerpt: ...Bhamra”) for damages arising from a motor vehicle accident. Defendant Bhamra now moves for summary judgment. As of May 20. 2020, no opposition has been filed. 2. Motion for Summary Judgment a. Moving Argument Bhamra argues he is entitled to judgment as a matter of law on the grounds that Bhamra was not present at the scene of the accident, and he is and has never been a registered owner of the subject vehicle involved in the accident with Plain...

Excerpt: ...on against Defendants, Tim Yakteen (“Yakteen”) and Jesus Rodriguez (“Rodriguez”) (collectively, “Defendants”) for injuries Plaintiff sustained when riding and exercising a racehorse at the Santa Anita Racetrack when a horse ridden by Rodriguez, who was employed by Yakteen, collided with Plaintiff and caused Plaintiff to be thrown from the racehorse. On January 8, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”) ...

Excerpt: ...ne Armenta, filed this action against Defendants, Cruise America, Inc. (“Cruise”) and Tracy Maynes Thomson (“Thomson”) for damages arising from motor vehicle vs. pedestrian accident involving Decedent, Eric Vian (“Decedent”) that occurred Tehachapi, CA. Defendant Cruise moves for an order changing venue to Kern County Superior Court, which is where the accident occurred. 2. Motion to Change Venue a. Parties' Positions Cruise moves to ...

Excerpt: ...amages arising out of an automobile accident. Defendants, 3MP Enterprise, Inc. dba U-Save Car and Truck and Rental and Daniel Hao-Hstang Wang (collectively, “Defendants”) move for an order consolidating this action, 19STCV30075, with 19STCV40472, contending the two actions arise out of the same automobile accident and involve the same parties. The two cases have been deemed related and are pending in Department 31. (Min. Order, February 25, 2...

Excerpt: ...s action against Defendants Uber Technologies, Inc., Raiser-CA, Andrew Hu, Evan Omar Nunez, and Jose Nunez for damages arising out of a motor vehicle accident. Defendant Andrew Hu (“Hu”) now moves to compel Plaintiff's deposition beyond the seven hour time limit imposed by CCP § 2025.290. Compel Deposition Beyond Seven Hours a. Parties' Positions Hu asserts he attempted to complete Plaintiff's deposition on 7/7/20, but argues five additional...

Excerpt: ...ado (“Christopher”) and Hembert Rudy Guardado (“Hembert”) (collectively, “Defendants”), erroneously sued and served as Rudy Hembert Guardado, for damages arising from a motor vehicle accident. The complaint alleges Christopher negligently caused the accident with Plaintiff's employee on February 29, 2016, and Hembert owned and entrusted the vehicle to Christopher. Defendants now move for summary adjudication as to the claim for neglig...

Excerpt: ...y and as heir to Peter Smith-Padilla, Faailoa Elaine Smith, individually and as heir to Peter Smith-Padilla (collectively, “Plaintiffs”) filed this action against Defendants, Los Angeles County Metropolitan Transportation Authority (“LACMTA”) and Hany Mina Agib (“Agib”) (collectively, “Defendants”) for damages relating to the death of Peter Smith-Padilla (“Decedent”) when Decedent was run over by Defendants' bus. The complaint...

Excerpt: ...isa”) (collectively, “Plaintiffs”) 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 ...

Excerpt: ...��) (collectively, “Plaintiffs”) filed this action against Defendants, American Racing Equipment Inc. (“ARE” or “Defendant”), et al. on July 6, 2020 on form PI-001. ARE previously demurred to the complaint, which was sustained with leave to amend on February 24, 2021. On March 26, 2021, Plaintiffs filed their operative First Amended Complaint (“FAC”) asserting causes of action for (1) negligence, (2) fraudulent concealment, and (3...

Excerpt: ...Packaging, Inc. (collectively, “Defendants”) for damages arising from a motor vehicle accident. The complaint alleges causes of action for motor vehicle negligence. On April 13, 2021, Defendants filed an answer to the complaint. Plaintiff now demurs to Defendants' answer arguing each affirmative defense fails to state facts sufficient to constitute a defense. Plaintiff contends Defendants fail to support any defenses with factual allegations....

Excerpt: ...ntiff”) filed this action against Defendants, County of Los Angeles (the “County”), et al. alleging causes of action for (1) liability for dangerous condition of public property and (2) public employee liability for wrongful acts or omissions. The complaint alleges the defendant improperly disposed of a hypodermic needle, and that Plaintiff sustained a needle stick injury while working and attempting to remove a trash bag as a result. On 1/...

Excerpt: ...d this action against Defendants, Unified Protected Services, Inc., et al. for injuries Plaintiff sustained after being shot by security guards in a parking lot. Plaintiff alleges the shooting was excessive and unreasonable because Plaintiff was not armed and did not pose an immediate threat to anyone. At this time, Steadfast Insurance Company (“Steadfast”) moves to intervene in the case contending Defendant Frederico Ordonez (“Ordonez”),...

Excerpt: ...the “City”), and Salomon Perez (“Perez”) for damages arising out of Plaintiff's trip and fall on a sidewalk. The complaint alleges that Perez owns the property adjacent to the sidewalk where Plaintiff fell, and Perez is presumed to own, maintain, control and inspect the sidewalk. Perez now moves for summary judgment as arguing he is entitled to judgment as a matter of law as to the negligence and premises liability claims against him. 2. ...

Excerpt: ...�Defendant”) for damages arising from a motor vehicle vs. pedestrian accident. Plaintiff, at this time, moves to quash Defendant's deposition subpoenas served on Unique Auto Spa Oil & Lube (“Unique Auto”) seeking Plaintiff's employment records. Plaintiff asserts Unique Auto is his former employer but he no longer works there due to his injuries from the accident. Plaintiff, however, contends he is not making a claim for loss of income or lo...

Excerpt: ...ction against Defendants, Radnet Management Inc. and Susie Muir, M.D., erroneously sued as, Radnet, Inc., Radnet Managed Imaging Services, Inc., and San Fernando Valley lnterventional Radiology, Imaging Center, and Dr. Susie Muir, (collectively, “Defendants”) for negligence and loss of consortium. Plaintiffs, at this time, moves for an order enforcing the terms of the parties' 1/8/21 Arbitration Settlement Agreement, and the 2/8/21 Binding Me...

Excerpt: ...nc., and Montage Hotels & Resorts, LLC for injuries Plaintiff Alexandra Sofine sustained when placed under a hair dryer while at defendants' business. Plaintiffs allege Alexandra Sofine's hair and scalp were burned as a result of Vo's negligence. On 11/28/18, Plaintiffs filed an Amendment to Complaint naming Beverly Hills Luxury Hotel, LLC as Doe 31. On 1/9/19, Plaintiffs filed a Request for Dismissal as to Montage Hotels & Resorts, LLC only. The...

Excerpt: ...Vardumyan (collectively, “Defendants”) for damages arising from a motor vehicle accident. At this time, Defendants move to compel Plaintiff's mental examination. 2. Motion to Compel the Defense Mental Examination of the Plaintiff a. Parties' Positions Defendants move to compel Plaintiff to submit to a mental examination with Dr. Philip Stenquist on the ground that Plaintiff's mental condition is in controversy. Defendants argue Plaintiff is c...

Excerpt: ...arlos”) and Evelyn Coronado (“Evelyn”) (collectively, “Defendants”) for damages arising from a motor vehicle vs. pedestrian accident. The complaint alleges that on 12/9/16, Defendants negligently struck Plaintiff with their vehicle. Defendants now move for summary judgment. Plaintiff opposes the motion, and Defendants filed a reply. 2. Motion for Summary Judgment a. Moving Argument Defendants argue they are entitled to summary judgment ...

Excerpt: ...“Defendant”) for damages arising out of a trip and fall on the public sidewalk. Defendant now moves for summary judgment. Plaintiff opposes the motion, and Defendant filed a reply. This matter was originally heard on 4/27/21, where the court continued the hearing to 5/18/21 for the parties to further address evidence concerning the alleged defect. On 5/4/21, Plaintiff filed a supplemental opposition. 2. Motion for Summary Judgment a. Parties'...

Excerpt: ...relating to a dog bite incident. Defendant now demurs to the complaint and moves to dismiss or abate the action arguing there is another action pending between the parties involving the same subject matter as this action, which was filed by Plaintiff on 6/26/19 as Los Angeles Superior Court Case No. 19STCV22382. Defendant argues this is the later filed action and must be dismissed, and that Plaintiff filed this action only after Defendant filed a...

Excerpt: ...or damages arising out of a trip and fall on a sidewalk. At this time, Defendants Casa Bela, LLC (“Casa Bela”) and Michael Matyas (“Matyas”) (collectively, “Defendants”) move for summary judgment. On 3/8/21, the City of Los Angeles (the “City”) filed a Joinder to Casa Bela's and Matyas's motion for summary judgment. As of 5/12/21, no opposition has been filed. 2. Motion for Summary Judgment a. Moving Argument Defendants argue they...

Excerpt: ...sing from a motor vehicle accident. The complaint includes a request for punitive damages against Defendant. Defendant now moves to strike the claim for punitive damages from the complaint. Civil Code § 3294(a) states, “[i]n an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the...

Excerpt: ...kground Plaintiff, Michael Antony Jones (“Plaintiff”) filed this action against Defendants, Swissport Cargo Services, L.P. (“Swissport”), United Airlines, Inc. (“United”), and Does 1-100 for injuries relating to a forklift allegedly hitting Plaintiff on Defendants' premises on 9/26/19. On 6/3/20, Plaintiff filed the operative First Amended Complaint adding Felipe Cisneros (“Cisneros”) as a defendant. Plaintiff alleges Cisneros hit...

Excerpt: ...laintiffs”) filed this action against Defendant, Scott Anthony Affens (“Defendant”), et al. for damages arising from a motor vehicle accident. Defendant filed his answer on 4/25/19. At this time, Defendant seeks to file a cross-complaint against Avalos for (1) equitable indemnification, (2) equitable contribution, and (3) declaratory relief. 2. Motion for Leave to File Cross‐Complaint A cross-complaint against any of the parties who filed...

Excerpt: ...n Trucking, Inc. (“Defendant”) for damages arising from a motor vehicle accident. Defendant, at this time, moves for leave for a mental examination of Plaintiff. Defendant asserts Plaintiff claims to suffer from mental injuries arising from the accident, including Post Traumatic Stress Disorder, depression, anxiety, nightmares, headaches, and other symptoms including memory issues. Defendant contends that because Plaintiff has put his mental ...

Excerpt: ...Plaintiff, Michael Antony Jones (“Plaintiff”) filed this action against Defendants, Swissport Cargo Services, L.P. (“Swissport”), United Airlines, Inc. (“United”), and Does 1-100 for injuries relating to a forklift allegedly hitting Plaintiff on Defendants' premises 9/26/19. On 6/3/20, Plaintiff filed the operative First Amended Complaint adding Felipe Cisneros (“Cisneros”) as a defendant. Plaintiff alleges Cisneros hit him with t...

Excerpt: ...s action against Defendants Uber Technologies, Inc., Raiser-CA, Andrew Hu, Evan Omar Nunez, and Jose Nunez for damages arising out of a motor vehicle accident. Defendant Andrew Hu (“Hu”) now moves to compel Plaintiff's deposition beyond the seven hour time limit imposed by CCP § 2025.290. Compel Deposition Beyond Seven Hours a. Parties' Positions Hu asserts he attempted to complete Plaintiff's deposition on 7/7/20, but argues five additional...

Excerpt: ...(“Petitioner”), filed this action against Defendants, Orlando H. Pile, Orlando H. Pile, M.D., a professional medical corporation, and Deondra D. Johnson for damages arising out of an automobile accident. As a result of the accident, Claimant suffered quadriplegia, cognitive problems, including memory and information processing, depression, anger, agitation, and limited use of hands and fingers and pain. Claimant has not recovered completely a...

Excerpt: ...�) for damages arising from a motor vehicle accident. Defendant moves for terminating sanctions against Plaintiff dismissing Plaintiff's complaint because of Plaintiff's misuse of the discovery process by failing to serve responses to Defendant's written discovery and failing to comply with the court's 12/28/20 order pertaining to Defendant's motions to compel responses to the subject discovery. Defendant further requests monetary sanctions in th...

Excerpt: ... Jeffrey Elliot Boyer (“Boyer”), David Tharp, and Rhonda Tharp (collectively, “Defendants”) for damages arising from a four-car accident. Plaintiffs allege that Defendant Boyer caused the vehicle accident resulting in Plaintiffs' injuries. Defendants filed an indemnity and contribution cross-complaint against Cross-defendants Marc Schachter and Estate of Marc Schachter. Cross-defendant Estate of Marc Schachter filed an indemnity and contr...

Excerpt: ...m 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, at this time, moves to quash eight subpoenas for production of business records served by Defendant Dr. Keith. Defendants oppose the motion. As of 5/7/21, the court ...

Excerpt: ...intiff”) filed this action against Defendants, Joanuen Llamas and Alfonso Vergara (collectively, “Defendants”) for damages arising out of an alleged automobile vs. pedestrian accident. At this time, Defendants move for an order compelling Plaintiff to submit to a second and third Independent Medical Examination (“IME”) with experts in orthopedic and endocrinology. Alternatively, Defendants request the court continue the trial date in th...

Excerpt: ...this action against Defendants, Peter Schulam (“Schulam”) and UCLA Health for medical malpractice. The operative First Amended Complaint alleges a cause of action for professional negligence against Defendants by Gina, and a claim for loss of consortium by Gregory. Plaintiffs allege Schulam negligently performed an adrenal-sparing left laparoscopic radical nephrectomy on Plaintiff Gina on 12/10/2009. Schulam now move for summary judgment. Pla...

Excerpt: ... Azucena Jimenez Perez (“Perez”) and Environmental Services Concepts, LLC (“ESC”) for damages arising out of a motor vehicle accident. At this time, Plaintiff moves for discovery sanctions against ESC based on ESC'S failure to comply with the court's 1/14/21 Order. 2. Motion for Terminating Sanctions a. Parties' Positions Defendant asserts the court ordered on 1/14/21 Plaintiff to respond to Plaintiff's Request for Production of Documents...

Excerpt: ...), Nicholas Dominguez (“Dominguez”), and Natali Lopez (“Lopez”) for damages arising from a motor vehicle accident. On 3/8/19, Reese filed a cross-complaint against Dominguez and Lopez arguing the subject accident was caused by them. Reese now moves for summary judgment on Casillas's complaint. Casillas opposes the motion, and Reese filed a reply. On 10/7/16, Casillas and Dominguez were driving motorcycles at approximately 70 to 75 miles p...

Excerpt: ...ncisco Cervantes (collectively, “Defendants”) for damages arising from a motor vehicle accident. Defendants, at this time, move to reopen discovery. This matter was originally set for trial on 9/17/20. On 7/20/20, the trial was continued to 5/11/21 by stipulation of the parties, and all discovery and motion cut-off dates were based on the new trial date. On 4/9/21, Defendants' Ex Parte Application was heard and granted in part. The trial date...

Excerpt: ...Plaintiff”) Estate of Weslee Davis, Decedent, filed this action against Defendants, Singer Vehicle Design, Estate of Ryan Blanks, State of California, City of Los Angeles, and County of Los Angeles for damages arising from a motor vehicle and motorcycle accident. The complaint alleges that on or about 6/20/18 at 1:05 p.m., Weslee Davis (“Decedent”) was operating his motorcycle when Ryan Blanks (“Blanks”) proceeded into an intersection d...

Excerpt: ...7, 2021 1. Background On 4/4/17, Plaintiffs, Armando Japa Cabanlit (“Armando”), Patricia Nathali (“Nathali”), Ethan Cabanlit (“Ethan”), a minor, by and through his guardian ad litem, Patricia Nathali, (collectively, “Plaintiffs”) filed this action against Defendants, Con-Way Freight Inc. (“Con-Way”), XPO Logistics Freight (“XPO”), and Jose Nunez Hernandez (“Hernandez”) for damages arising from a collision between a tra...

Excerpt: ...ntiff”) filed this action against Defendant, John Francis Sharkey, III (“Defendant”) for damages arising from a motor vehicle accident. The operative First Amended Complaint (“FAC”) alleges claims for (1) negligence-motor vehicle, (2) negligence per se, and (3) Violation of CA Vehicle Code § 20001. The FAC includes a prayer for punitive damages. Defendant now demurs to the complaint arguing the third cause of action for Violation of CA...

Excerpt: ... motor vehicle incident. On 12/31/20, Plaintiff filed the instant Motion to Quash and/or Modify Defendant's Subpoenas for Plaintiff's Insurance Records served on Allstate Insurance (“Allstate”) on 12/9/20. Defendant opposes the motion, and Plaintiff filed a reply. 2. Motion to Quash a. Parties' Positions Plaintiff asserts the subpoenas seek information for an unrelated claim arising out of an alleged 7/5/20 date of loss, but the subpoenas are...

Excerpt: ...ndant”) for medical malpractice. On 3/11/2021, the parties participated in an Informal Discovery Conference (“IDC”) regarding discovery disputes between the parties, but the disputes were not resolved. By agreement of the parties, any motion resulting from the IDC was to be brought within 30 days of 3/11/2021. On 4/9/21, Plaintiff filed the instant motion to compel further responses to form interrogatories. Defendant opposes the motion, and...

Excerpt: ... (“Minye”) and Beautiful Smile Dental Group for (1) dental malpractice, (2) intentional infliction of emotional distress, and (3) negligent infliction of emotional distress (“NIED”) relating to dental care performed by Minye at Beautiful Smile Dental Group's facility. On 3/4/21, Plaintiff filed a request for dismissal as to the second cause of action for intentional infliction of emotion distress. Defendant Isaac Chen Dental Corporation d...

Excerpt: ...Ohlsson and Irwin Gusten Ohlsson, Jr. (the “Ohlssons”) for damages arising from a motor vehicle accident. This matter was consolidated with Case No. 20STCV22502. This matter involves multiple accidents that occurred on 7/30/18, 12/10/18, and 9/19/19. On 7/30/18, Plaintiff was allegedly involved in an accident with the Ohlsson. On 12/10/18, Plaintiff was involved in a subsequent motor vehicle accident with Cross- Defendant, James William Ulric...

Excerpt: ...successor-in-interest to decedent Jacob Iskander; Zachary Iskander, an individual through his Guardian Ad Litem, Karim Iskander (collectively, “Plaintiffs”) filed this action against Defendants, Rebecca June Grossman (“Rebecca”), Peter Grossman, and Scott Erickson (“Erickson”) for damages arising out of a motor vehicle vs. pedestrian accident. On 1/28/21, Plaintiffs filed their First Amended Complaint (“FAC”) alleging six causes o...

Excerpt: ...for damages arising out of a motor vehicle vs. motorcycle accident. Plaintiff now moves to quash Defendant's deposition subpoena for production of business records served on Stetson Powell Orthopedic & Sports Medicine (“Stetson Powell”) on 1/5/21. Defendant opposes the motion and Plaintiff filed a reply. 2. Motion to Quash a. Parties' Arguments Plaintiff contends Defendant seeks irrelevant billing information that also infringes on Plaintiff'...

Excerpt: ...”) filed this action against Defendant, Beltran Rents and Sales Inc. dba AAA Rents and Events (“Defendant”) for damages Plaintiff sustained at an event when a chair Plaintiff sat on collapsed. Defendant provided the chairs for the event. The complaint alleges causes of action for negligence and strict products liability against Defendant. Defendant now moves for summary judgment, or alternatively, summary adjudication. Plaintiff opposes the...

Excerpt: ...ainst Defendants, Los Angeles County Development Authority (“LACDA”) and Lynn Anderson (“Anderson”) (collectively, “Defendants”) for damages relating to Plaintiff's alleged slip and fall on Defendants' property. On 2/4/21, Plaintiff filed the operative Second Amended Complaint (“SAC”) alleging causes of action for (1) premises liability and (2) negligence. The premises liability cause of action includes a count one for negligence ...

Excerpt: ...jyan (“Plaintiff”) filed this action against Defendant, County of Los Angeles, erroneously named as County of Los Angeles Harbor UCLA Medical Center, Amandeep Bhalia, Spenser Cassinelli, Kody Barrett, Kade Lyman, and Johan Forslund for damages relating to Defendants' alleged care and treatment of Plaintiff. The complaint asserts causes of action for (1) professional negligence - medical malpractice and (2) fraud and concealment. The complaint...

Excerpt: ...relio Rocha Flores and Rosa Marie Curiel (collectively, “Defendants”) for damages arising from a motor vehicle accident. On 1/11/21, Plaintiff filed a motion to quash deposition subpoenas on (1) Anthem Blue Cross Life and Health Insurance Company, (2) State Farm Insurance Company, (3) Elite Medical Clinic, (4) Expert MRI, and (5) Neurological Institute of Los Angeles. The subpoenas were served on 12/16/20. On 3/26/21, Plaintiff filed a motion...

Excerpt: ...nossian”) and Does 1-20 for damages arising from a motor vehicle accident. On 1/15/21, Plaintiff filed an Amendment to Complaint naming Seroj Nazarian (“Nazarian”) as Doe 1. Plaintiff now moves for leave to file a First Amended Complaint (“FAC”) adding and supplanting Nazarian where the name of Panossian previsuly appeared. Nazarian opposes the motion, and Plaintiff filed a reply. 2. Motion for Leave to File First Amended Complaint a. P...

Excerpt: ...a Reyes's (“Plaintiff”) deposition. Defendant has noticed Plaintiff's deposition for multiple dates, but Plaintiff has failed to appear. Most recently, Defendant on 10/15/20, Defendant noticed Plaintiff's deposition for 11/2/20. However, although Plaintiff did not object to the notice, Plaintiff did not appear for the deposition. CCP § 2025.450(a) provides, “If, after service of a deposition notice, a party to the action or an officer, dir...

Excerpt: ...Defendant”) for damages relating to an alleged physical altercation between Plaintiff and Defendant that occurred at the Santa Monica Courthouse on 5/26/16. Plaintiff, Ron A. Rosen Janfaza (“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 file...

Excerpt: ...ew Generation Plumbing, Inc., and Jacovo Rodriguez for damages arising out of a motor vehicle accident. At this time, Defendants New Generation Plumbing, Inc., and Jacovo Rodriguez (collectively, “Defendants”) move to strike the prayer for punitive damages and related allegations. Defendants contend the complaint merely alleges Defendants allowed Ramirez, who is a 16 year-old unlicensed driver to drive Defendants' vehicle, and that these alle...

Excerpt: ... alleging causes of action for negligence and premises liability relating to Plaintiff's slip and fall on Defendant's property. At this time, Defendant moves for summary judgment. Plaintiff opposes the motion, and Defendant filed a reply. Plaintiff alleges that on 1/2/19, she was at Defendant's apartment building when she fell. (UMF 1.) The incident took place at about 7:30 a.m. in the laundry room attached to the lobby of the main building on th...

Excerpt: ...s, Jatinder Singh Dhillon, Jatinder Singh Dhillon dba Ace Trucklines, Karandeep Singh (collectively, “Defendants”) for damages arising from a motor vehicle accident that occurred on 3/3/18. Plaintiff, at this time, moves to quash Defendants' 27 deposition subpoenas for production of business records to Plaintiff's medical providers. 2. Motion to Quash a. Parties' Positions Plaintiff asserts the subpoenas demand “any and all” medical recor...

Excerpt: ...�Starbucks”), et al. alleging causes of action for (1) strict liability, (2) breach of warranty, (3) negligence, and (4) medical malpractice. On 5/23/19, a stipulation to dismiss the fourth cause of action against Starbucks was entered. The complaint alleges that on 12/10/17, Plaintiff patronized Starbucks' coffee shop and consumed a drink prepared and sold by Starbucks- a Strawberry Acai Refresher. Plaintiff allegedly began experiencing severe...

Excerpt: ...s, Jet Speed Plumbing, Inc. and Francisco Cervantes (collectively, “Defendants”) for damages arising from a motor vehicle accident. Defendants, at this time, move for an order granting relief from attorney mistake and setting a date for the exchange of expert witnesses. Defendants assert their counsel, Victoria A. Silcox (“Silcox”) mistakenly assumed that a demand for exchange of expert witness information was continued when the trial dat...

Excerpt: ...Ortega (“Defendant”) for damages arising out of a motor vehicle accident. On 4/9/19, Plaintiff filed an Amendment to Complaint naming Diebold, Inc. at Doe 5. At this time, Defendant, Diebold Nixdorf, Inc. (“Diebold”) demurs to the complaint fails to state a claim against Diebold because it is time barred because of Plaintiff's failure to timely serve Diebold within three years of filing the complaint. Defendant argues that because Plainti...

Excerpt: ...n James Sierras (“Sierras”) and Lyft, Inc. (“Lyft”) for negligence and intentional tort. Defendant Lyft previously demurred to Plaintiff's complaint, which was sustained with leave to amend on 1/26/21. (Min. Order 1/26/21.) On 2/16/21, Plaintiff filed his operative First Amended Complaint (“FAC”) alleging causes of action for (1) battery, (2) assault, and (3) general negligence. Lyft now demurs to the FAC arguing it fails to state suf...

Excerpt: ...ehicle vs. pedestrian accident. Plaintiff moves for trial preference based on her age and because Plaintiff is suffering from uterine cancer and is in ongoing medical care for the potentially life threatening condition. Plaintiff is 74 years old. Plaintiff moves for preference pursuant to CCP §36(a), which provides: (a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if t...

Excerpt: ...ously named as Dr. Richard Feldman, (“Defendant”) for medical malpractice arising out of Defendant's orthopedic care and treatment of Plaintiff. Defendant now moves for summary judgment. 2. Motion for Summary Judgment Defendant asserts the subject treatment involved two lumbar spine microdiscectomy procedures in March and June 2018. Defendant contends the care and treatment of Plaintiff complied with the standard of care at all times and did ...