Excerpt: ...gainst Defendant, County of Los Angeles (“Defendant”) alleging causes of action for negligence and premises liability. Plaintiff alleges she was at Defendant's park when she slipped and fell on a dangerous condition on the stairs at the park. The condition that allegedly caused Plaintiff to slip and fall on the stairs was described by Plaintiff to be water, debris, and unlevel ground on the first landing of the stairs near the handrail to Pla...

Excerpt: ...I & II, LLC dba Mr. C Beverly Hills (“Defendant”) for damages relating to Plaintiff's trip and fall on a curb. Defendant, at this time, moves for summary judgment. Plaintiff opposes the motion, and Defendant filed a reply. 2. Motion for Summary Judgment a. Moving Argument Defendant asserts the incident occurred when Plaintiff stumbled while stepping from a brightly painted and plainly visible curb on a sunny afternoon onto an alleyway owned b...

Excerpt: ... (“Plaintiff”) filed this action against Defendant, Los Angeles Unified School District erroneously sued as West Valley Occupational Center (“Defendant”) for injuries relating to Plaintiff's slip and fall on Defendant's property. On 11/30/20, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) negligence, (2) premises liability, and (3) dangerous condition of public property. Defendant now d...

Excerpt: ..., Blue Devils Lesee LLC, and Marriot International, Inc. (collectively, “Defendants”) alleging a single cause of action for negligence/premises liability. The complaint alleges Plaintiff was trapped in the basement of Defendants' property, and after being trapped for a period of time, Plaintiff was able to climb over a wired fence but fell and injured herself in doing so. (Compl. ¶ 8.) Defendant now demurs to the complaint arguing Defendants...

Excerpt: ..., City of Culver 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 demurred to the co...

Excerpt: ...es that arose from a two-vehicle collision. Plaintiff, Fernando Figueroa-Martinez (“Martinez”) was executing a left turn when he was struck by a vehicle driven by Defendant, Raymundo Pivaral (“Pivaral”). Plaintiffs, Jocelyn Maceda (“Maceda”), Jason Erazo and Jacob Erazo and Decedent, Damaris Gomez, were passengers in Martinez's vehicle. Pivaral was in the course and scope of employment with Defendant, MAR Pizza, Inc at the time of the...

Excerpt: ... his Guardian Ad Litem, Jacqueline E. Cohn, (collectively, “Plaintiffs”) filed this action against Defendants, William Sebastian Higgins, Hilary Susan Rose, and Kevin P. Higgins (collectively, “Defendants”) for damages arising from a motor vehicle accident. Defendants, at this time, move to compel Plaintiff Hudson to provide further responses to Defendants' special interrogatories, set five, and request for admissions (“RFAs”), set fo...

Excerpt: ...Wenyan 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. 2. Motion for Summary Judgment a. Moving Argument Defendants assert this matter arises from a slip and fall incident on 3/20/19, where Plaintiff slipped on the last two steps of Def...

Excerpt: ... sued as Super King Markets, for damages arising from a slip and fall in Defendant's grocery store. Plaintiff, at this time, moves to compel Defendant to produce its Custodian of Records (“COR”) and to compel production of documents at deposition. Plaintiff asserts she has noticed Defendant's COR's deposition on multiple occasions. Most recently, Plaintiff noticed the COR's deposition for 12/30/20, but Defendant failed to appear. CCP § 2025....

Excerpt: ...innam, 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”) now moves for summary judgment. 2. Motion a. Moving Argument Defendant argues that while Plaintiff is alleging Defendant was negligent in his preparations and placement of dental restorations on Teeth Nos. 8, 9, 14, 18, 3...

Excerpt: ...im”) and EAN Holdings, LLC (“EAN”) for damages arising from a motor vehicle accident. The complaint alleges causes of action for motor vehicle, negligence, and loss of consortium. Defendant EAN now demurs to the complaint arguing the complaint fails to state a cause of action because the complaint merely alleges conclusory allegations, and because under 49 U.S.C. §30106 (the “Graves Amendment”) a rental car company and its affiliates c...

Excerpt: ... Balogh (“Balogh”) for an incident that occurred on 11/30/17, where Balogh allegedly went onto Plaintiff's property and threatened Plaintiff. On 5/21/19, Plaintiff filed the operative First Amended Complaint (“FAC”) adding the Estate of John Balogh (the “Estate”) (collectively with Balogh, “Defendants”) as a defendant. The FAC alleges causes of action for (1) negligence, (2) defamation, and (3) false imprisonment. The FAC alleges ...

Excerpt: ...d Jose Delgado (collectively, “Defendants”) for damages arising from a motor vehicle accident. 11/18/20, Defendants filed the instant motion to compel further deposition of Person Most Knowledgeable (“PMK”) from Mission Community Hospital (“Mission”). Defendants assert Mission's PMK, Carlos Velasco (“Velasco”), was instructed not to answer questions regarding the amounts billed for treatment rendered to Plaintiff. Defendants conte...

Excerpt: ...res (“Defendant”) for damages arising from a motor vehicle accident. On 3/3/21, Plaintiff filed the operative Third Amended Complaint (“TAC”), which includes a prayer for punitive damages. Defendant now moves to strike the punitive damages claim. Plaintiff opposes the motion, and Defendant filed a reply. 2. Motion to Strike a. Parties' Positions Defendant contends the TAC is devoid of any facts showing Defendant is guilty of malice, oppre...

Excerpt: ...titioner, Mercury Insurance Company (“Petitioner”) filed this petition to commence and enforce discovery against Respondent, Gary Schwartz (“Respondent”) in connection with an uninsured motorist claim. Petitioner filed the instant motions to compel further responses to special interrogatories, set one, and request for admissions, set one. On 2/19/21, the parties participated in an informal Discovery Conference (“IDC”) regarding the su...

Excerpt: ...syguss, Brenda Jimenez, and Edgar Jimenez (collectively, “Plaintiffs”) filed this action against Defendants, Golden West Food Group, Inc. (“GWFG”) and 4441 Downey Road, LLC relating to Ma Esther Leticia Osyguss's (“Decedent”) death. On 2/9/21, Plaintiffs filed their First Amended Complaint (“FAC”) alleging causes of action for (1) wrongful death-negligence, (2) wrongful death-premises liability, and (3) survival action against Def...

Excerpt: ...), Diane Bilbo (“Bilbo”), and Charlene Henson (“Henson”) (collectively, “Respondents”) by way of petition to commence and enforce discovery in connection with Respondents' underinsured motorist claim. Petitioner propounded form interrogatories and special interrogatories, sets one, on Cole and Bilbo on 11/30/17. To date, despite attempts to meet and confer and extensions of time to respond, neither Cole nor Bilbo has served responses....

Excerpt: ... (“Defendant”) for injuries Plaintiff sustained when he fell off Defendant's scooter. Defendant now moves to compel arbitration. Plaintiff opposes the motion, and Defendant has filed a reply. 1. Motion to Compel Arbitration a. Parties' Arguments Defendant contends Plaintiff and Defendant entered into a valid contract containing an arbitration agreement, and the arbitration agreement is valid, enforceable and covers Plaintiff's alleged claims ...

Excerpt: ...collectively, “Plaintiffs”) filed this action against Defendants, Robin Hill Gingold, Daniel Leigh Gingold, and Nicholas Gonzales arising out of the death of Decedent, Mario Hernandez Franco (“Decedent”). Decedent was working as a gardener for Gonzalez and was assigned to do work at the Gingolds' home. While on a ladder trimming a hedge, he fell and impaled himself on his hedge trimmer, which resulted in his death. Plaintiffs, at this tim...

Excerpt: ...led this action 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 ...

Excerpt: ...t, Inc. (“Defendant”), et al. for damages arising out of a slip and fall on Defendants' property. The complaint alleges causes of action for negligence and premises liability. Defendant now moves for summary judgment. Plaintiff opposes the motion, and Defendant filed a reply. The court notes that on 4/8/21, it heard Plaintiff's Ex Parte Application for an Order Sealing Plaintiff's opposition to Defendant's Motion for Summary Judgment, which t...

Excerpt: ... Defendant, City of Bell Gardens (the “City”), Liberty Utilities, Golden State Water Company for damages relating to Plaintiff's leg stepping and falling into an uncovered lift hole. On 3/2/21, Plaintiff filed his First Amended Complaint (“FAC”) alleging causes of action for (1) negligence and (2) premises liability. The premises liability includes counts for negligence, willful failure to warn, and dangerous condition of public property....

Excerpt: ... Uber Technologies, Inc., Rasier, LLC and Rasier-Ca, LLC. for damages arising from a motor vehicle accident. The complaint alleges causes of action for (1) motor vehicle negligence, (2) general negligence, (3) negligent design of systems, and (4) respondeat superior. Defendants Uber Technologies, Inc., Rasier, LLC and Rasier-Ca, LLC (collectively, “Defendants”) now demur to the complaint arguing the third cause of action for negligent design ...

Excerpt: ...nst Defendants, Lourdes Trigueros and Erick Trigueros, sued as John Doe, (collectively, “Defendants”) for damages arising from a motor vehicle accident. On 11/24/20, Plaintiff filed her First Amended Complaint (“FAC”) with purported causes of action for (1) motor vehicle negligence, (2) Violation of Vehicle Code § 23123-Cell Phone Use While Driving, (3) Violation of Vehicle Code section 20001(a)-Misdemeanor Hit and Run, and (4) Intention...

Excerpt: ..., Jatinder Singh Dhillon, Jatinder Singh Dhillon dba Ace Trucklines, Karandeep Singh (collectively, “Defendants”) for damages arising from a motor vehicle accident. Plaintiff, at this time, moves to quash Defendants' deposition subpoena served on the law firm of Tyson & Mendes, LLP (“Tyson”) seeking the entire litigation file in the matter of Jennie Ng Lassoff et al. v. Raymond Silkman, Los Angeles Superior Court Case No. BC620450. 2. Ana...

Excerpt: ...s County Metropolitan Transportation Authority (collectively, “Defendants”) for damages arising from a motor vehicle accident. Plaintiff asserts that on 11/18/20, Defendants served subpoenas on Custodian of Records for Lawrence A. Mora, MD, Elite Medical Clinic, United Medical Imaging of Los Angeles, United Medical Imaging, Inc./ Billing, United Medical Imaging of Los Angeles/Radiology, Chiropractic Care Center, Lavi Spine and Orthopedic Medi...

Excerpt: ...Orleans & York, et al. for injuries Plaintiff sustained when his chair collapsed beneath him while he was eating at the restaurant. At this time, Defendant, Sami Othman, individually and dba Orleans & York Deli (“Defendant”) seeks to file a cross-complaint against Jobolyn Trading Group, Inc. dba Jobolyn Table Base Company for (1) comparative contribution, (2) equitable indemnity, and (3) declaratory relief. Defendant contends Jobolyn is respo...

Excerpt: ...ngeles (the “City”) for damages relating to Plaintiff's trip and fall on a sidewalk on 5/2/19. On 1/17/20, Plaintiff filed her First Amended Complaint (“FAC”) adding County of Los Angeles (the “County”) as a defendant. On 3/9/20 and 7/7/20, Plaintiff filed a Request for Dismissal as to the City and the County. Thereafter, on 8/3/20, Plaintiff filed an Amendment to Complaint naming Los Angeles Community College District (“LACC”) as...

Excerpt: ...ainst Defendants, Los Angeles County Metropolitan Transportation Authority (“LACMTA”), et al. alleging a single cause of action for motor vehicle negligence. At this time, LACMTA moves for summary judgment. 2. Motion for Summary Judgment a. Moving Argument LACMTA argues Plaintiff's action against it is barred by the six-month statute of limitations of Government Code §§ 911.2 and 945.4. LACMTA asserts the alleged incident occurred on 11/18/...

Excerpt: ...aie (“Defendant”) for damages arising from a motor vehicle accident. The complaint alleges causes of action for (1) negligence and (2) intentional infliction of emotional distress. Defendant now moves to strike the prayer for punitive damages included in the complaint. Defendant arguses there are no allegations supporting that Defendant acted with malice or oppression. Defendant contends the complaint contains only alleged acts of negligence,...

Excerpt: ...illiam Munoz (“Defendant”) for damages arising out of a motor vehicle accident. At this time, Defendant moves to compel the neuropsychological Independent Medical Examination (“IME”) of Plaintiff 2. Motion to Compel Mental Examination of Plaintiff a. Parties' Positions Defendant provides Plaintiff appeared with a representative for his neuropsychological IME on 11/4/20 with expert, John Wen, Ph.D (“Dr. Wen”). Dr. Wen allegedly explain...

Excerpt: ...Defendant, MK Diamond Products, Inc. (“MK”), C.M. Vogel Electric, Inc., Charles M. Vogel (“Vogel”), et al. for damages relating to the death of Decedent Everado Lopez Rosas (“Decedent”) during a construction job on 2/3/17. The complaint alleges causes of action for (1) strict products liability, (2) negligence, (3) premises liability, and (4) negligent hiring, retention and supervision. On 4/29/19, MK filed a cross-complaint against V...

Excerpt: ...this action against Defendant, Seong Gon Bae M.D. (“Bae”) and Thomas J. Lomis M.D. (collectively, “Defendants”) on 9/6/19. The complaint alleges on 10/20/17, Bae performed a surgical procedure upon Plaintiff during which she was cut far beyond any discussion prior to surgery and which was not medically necessary. (Compl. at II.) The complaint alleges Defendant were guilty of negligence and deviated from the standard of care in their exami...

Excerpt: ...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. Nazarian now demurs to the complaint arguing the complaint against Defendant was filed passed the two-year statute of limitations, and that the complaint fails to state cause of action against Nazarian because it does not allege how Nazarian was involved in or liable for the accident. 2. De...

Excerpt: ... premises liability. The complaint alleges that Defendant owned or controlled the subject premises, and was negligent in the use or maintenance of the property. Plaintiff was an invitee of Defendant on the property and allegedly tripped and fell because of a pipe sticking out of the ground. Defendant now moves for summary judgment arguing he is entitled to judgment as a matter of law on Plaintiff's complaint. As an initial matter, the court notes...

Excerpt: ...laude”), Special Olympics Southern California, Inc. (“Special Olympics”), and City of Los Angeles (the “City”) for injuries Plaintiff sustained after allegedly being attacked by dogs while training with Special Olympics. The complaint alleges causes of action for (1) dangerous condition of public property against the City, and (2) general negligence and (3) premises liability against Claude and Special Olympics. Defendant the City now d...

Excerpt: ..., Michael Williams (“Defendant”). On 12/31/20, Plaintiff filed her First Amended Complaint (“FAC”) alleging a single cause of action for negligence. The FAC alleges that Plaintiff was assaulted and battered at her business by Vernell Davis (“Vernell”) and Kamayah Davis (collectively, the “Davises”), and that Vernell is Defendant's commercial tenant. The FAC alleges Vernell harassed, threatened and behaved aggressively toward Plain...

Excerpt: ... of Los Angeles (the “County”) and the Los Angeles Sheriff's Department (“LASD”) asserting causes of action for motor vehicle and general negligence. On 8/26/19, Plaintiff filed his First Amended Complaint (“FAC”) alleging “Plaintiff Tito A. Thomas fell while getting off the Sheriff's bus [sic] he was handcuffed in the back.” (FAC at p. 5.) LASD now demurs to the FAC on the ground that Plaintiff failed to file a timely Government ...

Excerpt: ...le accidents. 19STCV25487 arises out of an accident allegedly caused by Defendants, Annique B. Lottin (“Lottin”) and Galan of Gaia (“Gaia”). 20STCV11836 arises out of a subsequent accident allegedly caused by Defendant, Sean Robert Monaghan (“Monaghan”) complains of overlapping injuries as a result of each of the two accidents. 2. Related Cases The two cases have been deemed related and are pending in D-31. (Min. Order 10/5/20.) 3. Mo...

Excerpt: ... this action against Defendants, William Sebastian Higgins, Kevin P. Higgins, and Hilary Susan Rose (collectively, “Defendants”) for damages arising out of an automobile accident that allegedly occurred on 3/17/16. Defendants, at this time, move to compel non-parties Aryeh Goldberg, MFT, Eric Li, M.D., Gila Shapiro, MFT, Mike Lane, MFT, Patricia Walshaw, PSYMPAC, and Rachel Thomasian, MFT (collectively, “Treating Physicians”) to appear at...

Excerpt: ... Swap Meet (“Defendant”) for damages relating to Plaintiff's slip and fall on Defendant's property. Defendant served three subpoenas on Olive View Medical Center (“Olive View”) requesting business records pertaining to Plaintiff. Plaintiff now moves to quash the subject subpoena. 2. Motion to Quash Defendant's deposition subpoenas for production of business records were directed and requested the following documents: 1. Subpoena directed ...

Excerpt: ...e Corporation for damages arising from Plaintiff's fall on a driveway. At this time, Plaintiff has filed four largely identical Motions to Reconsider Ruling to Grant for Defendant Motion to Compel Response to Special Interrogatories and sanctions. Plaintiff requests reconsideration of the order granting the City's motion to compel responses to special interrogatories. There are numerous procedural issues with the motions. While the court recogniz...

Excerpt: ..., Jacqueline Brice (“Jacqueline”), and Natalie Brice (“Natalie”) filed this action against Defendant, Brian Hensel for injuries arising from a motor vehicle accident. On 2/9/21, Plaintiffs filed their Second Amended Complaint (“SAC”) alleging causes of action for (1) negligence, (2) bystander emotional distress, and (3) intentional infliction of emotional distress, and (4) loss of consortium. The SAC alleges Defendant rear-ended Plain...

Excerpt: ...ed as Chanel Mosby, and Intercare Therapy, Inc. (“Intercare”) (collectively, “Defendants”) alleging a single cause of action for negligence. The complaint alleges that on 1/11/18, Plaintiff was employed as a third-grade elementary teacher, and Plaintiff had a student in her class that required a behavior interventionalist. Mosby was the behavioral interventionalist assigned to the student. After the student became enraged during class, th...

Excerpt: ...e accidents. 18STCV02792 arises out of an accident allegedly caused by Defendant, Barbara Sheaffer (“Sheaffer”) on 11/16/16. 19STCV30962 arises out of a subsequent accident allegedly caused by Defendant, Lyft, Inc. (“Lyft”) on 10/9/18. Plaintiff complains of overlapping injuries as a result of each of the two accidents. 2. Related Cases The two cases have been deemed related and are pending in D-31. (Min. Order 8/12/20.) 3. Motion to Cons...

Excerpt: ...illary Lee (“Plaintiff”) filed this action against defendants, Lynne Marie Howell, et al. for damages arising from a motor vehicle accident. On 10/23/20, Defendants, San Gabriel Transit, Inc. (“SGT”) and Mohammad Emdadul Haque (“Haque”) (collectively, “Defendants”) filed the instant motions to each compel Plaintiff to respond further to request production of documents (“RPDs”), sets one, and to compel Plaintiff to respond furt...

Excerpt: ...asier‐CA, LLC, and Julio Lopez Chang (“Chang”) for damages arising from a motor vehicle accident. On10/19/20, Plaintiff filed a motion to compel further responses to request for production of documents (“RPDs”), set one, against Chang. On 1/7/21, the parties participated in an Informal Discovery Conference (“IDC”) regarding the subject discovery; however, the matter was not resolved. Plaintiff now moves to compel further response to...

Excerpt: ... (“Defendant”) 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...

Excerpt: ...”) filed this action against Defendants, Keck Medical Center of USC, et al. for medical malpractice and loss of consortium arising out of Defendants' care and treatment of Jose. Defendants Mark Spoonamore, M.D., and University of Southern California dba Keck Hospital of USC, dba Keck Medical Center of USC (collectively, “Defendants”) now move for summary judgment. 2. Motion for Summary Judgment Defendants, moves for summary judgment on the ...

Excerpt: ... an order deeming Case Nos. BC715689 and 19STCV10537 related and consolidated. Watley provides the two actions involve the same multi-vehicle accident and substantially the same parties. Watley states all parties have stipulated to consolidation, but the court previously rejected the Notice of Related Cases Watley filed. Accordingly, Watley now moves to deem the cases related and consolidate the actions 2. Deem Cases Related Watley asserts a Noti...

Excerpt: ...laintiff”) filed this action against Defendants, Bryan Allan Payton (“Payton”), Wayne Bruce Dorman (“Dorman”), and Lyft, Inc. (“Lyft”) for damages arising from a motor vehicle accident. Defendant Payton provides Plaintiff, Payton, and Lyft have reached a settlement. Payton now seeks an order finding the settlement in good faith. Further, Payton seeks an order permitting the parties to file the motion under seal. On 3/4/21, the court...

Excerpt: ...oneously sued as Walmart Stores, Inc., and Osvaldo Covarrubias for damages arising out slip and fall in Walmart's store. This matter was originally set for trial on 5/5/20, but based on current conditions, including, but not limited to, the spread of COVID-19, trial was continued to 8/31/20. (Min. Order 3/30/20.) On 8/3/20, the trial date was vacated and a Trial Setting Conference was set for 8/17/20. (Min. Order 8/3/20.) On 8/17/20, a jury trial...

Excerpt: ... damages arising from a motor vehicle collision. Plaintiff alleges a police officer directing traffic wrongfully directed Plaintiff into the intersection and caused the accident. On 8/28/20, Plaintiff filed a Request for Dismissal dismissing the County. On 10/27/20, Plaintiff filed the instant Petition for Relief from Government Claim Filing Requirements for an order relieving Plaintiff from the claim filing requirements of Government Code § 945...

Excerpt: ...tected 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. On 10/20/20, Defendant Hector Castorena (“Castorena”) filed the instant motion to compel further responses to request for admissions (“RFAs”), set one, against Plaintiff. On 2/2/21, C...

Excerpt: ...Inc. for damages Plaintiff sustained when fell from a scaffolding while in the scope of his employment. Plaintiff alleges Defendants owned, leased, assembled and installed the subject scaffolding. On 10/20/20, Defendant Sinanian Development, Inc. (“Defendant”) served eight deposition subpoenas for production of business records on George Electric Co., Valence Staffing Group Inc, AllCom Electric, Outsource Telecom, LLC, All Power Systems, Prem...

Excerpt: ...against Defendant, Heriberto Macias (“Macias”) for damages arising from a motor vehicle accident. On 12/14/20, Plaintiff filed an Amendment to Complaint naming Javier Gudino (“Gudino”) (collectively with Macias, “Defendants”) as Doe 1. The operative First Amended Complaint includes claims for (1) motor vehicle negligence, (2) negligence per se, and (3) intentional infliction of emotional distress (“IIED”), and it includes a prayer...

Excerpt: ...tion against Defendants, City of Redondo Beach (the “City”) and CVS Pharmacy (collectively, “Defendants”) for damages relating to a motor vehicle accident. On 12/8/20, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for premises liability and negligent. The FAC alleges Defendants allowed a dangerous condition to exist at the intersection where the accident occurred, which included overgrowth of ...

Excerpt: ...evine (“Levine”) and Caterina Michela Lamazza (“Lamazza”) (collectively, “Defendants”) for damages arising from a motor-vehicle accident. Defendant answered on 7/20/20, and then filed a First Amended Answer (“FAA”) on 8/3/20 asserting a general denial and nine affirmative defenses. On 1/19/21, the court heard Plaintiff's motion for summary adjudication made as to the nine affirmative defenses in Defendants' answer, which essential...

Excerpt: ... Jill Watson Kaufman, Megan Lea Hasz, State of California, California Department of General Services, and California Department of Corrections and Rehabilitation, VasiIii Zhatko (“Zhatko”), and Goar Karapetyan (“Karapetyan”) for damages arising from an automobile accident. The parties provide the incident involved a three-vehicle accident that occurred on the freeway. Plaintiff was a passenger in one of the vehicles; Hasz was driving a se...

Excerpt: ...Company for damages arising out of a trip and fall on the public sidewalk. The complaint alleges “Plaintiff tripped and fell in the street in front of 9407 Baird Avenue, Los Angeles, California. Plaintiff had parked her vehicle in the street and was walking to the sidewalk when she tripped over the rough, dangerous, and crudely patched street.” (Compl. at p. 5.) Defendant now moves for summary judgment. 2. Motion for Summary Judgment a. Movin...

Excerpt: ...ise”) (collectively, “Defendants”) depositions. Plaintiff noticed Defendants' depositions to proceed on 2/5/21, but the day before on 2/4/21, defense counsel requested the depositions be taken off- calendar. Plaintiff asserts Defendants have not appeared for their depositions. CCP § 2025.450(a) provides, “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a ...

Excerpt: ...or damages arising from a motor vehicle accident. A Final Status Conference (“FSC”) was held on 5/17/19. Plaintiff did not appear at the FSC and it was continued to the trial date of 6/3/19. This matter was called for a jury trial on 6/3/19; however, there were no appearances by or for Plaintiff. The court, pursuant to the oral request of Defendant, ordered Plaintiff's complaint dismissed without prejudice. (Min. Order 6/3/19.) On 2/26/21, Pl...

Excerpt: ...automobile accidents. BC723731 arises out of an accident allegedly caused by Defendants, Miguel Alexander Sandoval (“Sandoval”) and ETL, Inc. (“ETL”). 19STCV27546 arises out of a subsequent accident allegedly caused by Defendants, Andrew Emilio Nieto (“Nieto”). Plaintiff asserts the two actions involve the same bodily injuries from two separate accidents. 2. Related Cases The two cases have been deemed related and are pending in D-31....

Excerpt: ...lack Entertainment Television, LLC, et al. for damages arising out of an on-the-job injury. Plaintiffs allege Patrick was acting as a stunt man on a production of a television show when Defendant, Danielle Mone Truitt applied too much pressure during a choke hold, causing him to pass out, become unconscious, and strike his head on the ground, sustaining injuries. At this time, Defendants Mar Vista Entertainment, LLC, Silverscreen Pictures Enterta...

Excerpt: ...hnologies, Inc., Rasier, LLC, Rasier-CA, LLC, and Julio Lopez Chang (“Chang”) for damages arising from a motor vehicle accident. Chang, at this time, moves for an order quashing a subpoena for production of business records issued by Plaintiff to T-Mobile USA, Inc. (“T-Mobile”). 2. Motion to Quash Subpoena a. Parties' Positions Chang argues the subpoena is invalid and unenforceable because it was issued without Chang's written consent in ...

Excerpt: ...dants CAMI Automotive, Inc., et al. for damages arising from a motor vehicle accident. The complaint alleges that on 12/05/18, Plaintiff Tony Watson was driving a defective vehicle manufactured by Defendant CAMI Automotive, Inc. (“CAMI”), when Plaintiff was rear ended by Defendant Luan Trong Huynh. The complaint alleges that during the rear impact, the driver's seat failed and collapsed rearward causing Plaintiff serious injury. Plaintiffs se...

Excerpt: ...action 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 M...

Excerpt: ...tion (“Aley”) and Lorettha Lomeli Runfola (“Runfola”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. The complaint alleges the accident occurred in San Bernardino County. Defendants now move for an order changing venue to the Kern County Superior Court. 2. Motion to Change Venue a. Parties' Positions Defendants assert Plaintiff lives in Bakersfield, which is in Kern County, as do all physicians that ha...

Excerpt: ...Plaintiffs”) filed this action against Defendants, Samsung Electronics America, Inc. (“SEA”), Samsung Electronics, Co., Ltd, Airtouch Cellular, Inc., and Verizon Wireless Telecom, Inc. for injuries related to Plaintiff's cellular phone exploding and catching fire. Airtouch Cellular Inc. dba Verizon Wireless, Successor in Interest to Verizon Wireless Telecom Inc., erroneously sued as Airtouch Cellular, Inc., (“Verizon”) now moves to comp...

Excerpt: ...fornia Department of Motor Vehicles (“DMV”), State of California (the “State”), and Michael Anthony DeSanto (“DeSanto”) for damages arising from a motor vehicle accident. The complaint alleges causes of action for (1) negligence/negligent entrustment/negligent retention and (2) negligent act or omission of public entity or public employee. Defendant DMV now demurs to the first cause of action arguing it is not based on an applicable s...

Excerpt: ...edical Health Center, Inc. (“Defendant”) for damages related to sexual abuse suffered by Plaintiff while working as an independent contractor for Defendant. Plaintiff was allegedly sexually assaulted by a patient of Defendant. The complaint alleges causes of action for (1) negligent exercise of retained control, (2) business proprietor's property owner's liability for the criminal conduct of others, (3) premises liability, (4) negligence, and...

Excerpt: ...intiffs, Mario Hernandez and Jonathan Hernandez, by and through their GAL, Carina de la Cruz, (collectively, “Plaintiffs”) filed this action against Defendants, Robin Hill Gingold, Daniel Leigh Gingold, and Nicholas Gonzales arising out of the death of Decedent, Mario Hernandez Franco (“Decedent”). Decedent was working as a gardener for Gonzalez and was assigned to do work at the Gingolds' home. While on a ladder trimming a hedge, he fell...

Excerpt: ...ck”) and Gentry Brothers, Inc. (“GB”) for damages arising from a motor vehicle accident. Plaintiff, at this time, moves to compel Defendant GB to produce Houck and GB's Person Most Knowledgeable (“PMK”) deposition. Plaintiff asserts it has noticed Houck's and GB's PMK's deposition on multiple occasions. Most recently, on 9/25/20, Plaintiff noticed the depositions for 10/15/20. Plaintiff provides, however, that on 10/6/20 GB served its o...

Excerpt: ...rking (“Defendant”) for negligence. Plaintiff alleges it had an automobile insurance policy covering a 2017 Cadillac Escalade owned by Patricia Lindsay in effect when Defendant was in possession of the vehicle for purposes of parking. Defendant allegedly failed to use due care, and as a result, the vehicle was stolen and damaged. Plaintiff provides it paid for the damage to the vehicle under the policy, and Plaintiff is subrogated to its insu...

Excerpt: ...gainst Defendants, Precision Machining Co., Inc. (“Precision Machining”) and Vage Dekhbachyan (“Dekhbachyan”) for damages arising from a motor vehicle accident. On 3/30/20, Plaintiffs filed 11 motions to compel further responses to discovery propounded on Defendants. The parties appeared and participated in an Informal Discovery Conference (“IDC”) concerning the discovery on 1/25/21. Following the IDC, the court issued the following o...

Excerpt: ... 20STCV23264 against Defendants, BP International, Inc. (“BP”) and Pico Rivera Collection, LLC (“Pico”) for wrongful death caused by a dangerous property condition and negligence. The action concerns the wrongful death of Vy Xuan Lam (“Decedent”). The complaint alleges Defendants allowed an illegal breakroom to exist on their property. The breakroom was built in the rafters above a storage room in a nail salon. Decedent was an employe...

Excerpt: ...March 15, 2021 1. Background Plaintiff, Terri Richard (“Terri”) and Jason Richard (“Jason”) (collectively, “Plaintiffs”) filed this action against Defendants Devadatt Mishal, M.D. (“Mishal”), Devadatt Mishal, M.D., Inc. (“Mishal Inc.”), and PIH Health Hospital-Downey (“PIH”) (collectively, “Defendants”) for medical negligence and loss of consortium. The complaint alleges that on 5/29/18, Plaintiff Terri Richard was a p...

Excerpt: ...ising out of a slip and fall in Defendant's store. The complaint alleges causes of action for negligence and premises liability. Defendant now moves for summary judgment. The basic undisputed facts are as follows: on 10/17/16 at about 10:45 p.m., Plaintiff was shopping with her husband at Defendant's store. (UMF 1.) While in the store near the refrigerated goods section, Plaintiff alleges she slipped in a gravy-like substance that caused her to f...

Excerpt: ...(collectively, “Defendants”) for assault, battery, negligence and intentional infliction of emotional distress. The complaint alleges that on 7/27/18, Defendants approached Plaintiff inside of a martial arts center and intentionally kicked Plaintiff in his testicles. Plaintiff filed the complaint on 11/10/20. Defendants now each demurrer to the complaint. The demurrers are identical and will be addressed together. Defendants argue Plaintiff's...

Excerpt: ...riones (“Briones”) and Central Transport LLC (“Central Transport”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. The complaint alleges the accident occurred “approximately half a mile South of Quail Lake Road on the Interstate 5 North in an unincorporated area in the County of Los Angeles in the State of California.” Defendant Central Transport now moves for an order to transfer for forum non- con...

Excerpt: ...t, Los Angeles Unified School District (“Defendant”) for damages arising out of an injury Plaintiff sustained in her physical education class. At this time, Defendant seeks leave to file a First Amended Answer to assert defenses under the Medical Injury Compensation Reform Act (“MICRA”). 2. Motion for Leave to File First Amended Complaint Defendant seeks leave to file a First Amended Answer (“FAA”) to include defenses under MICRA. Def...

Excerpt: ...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 Par...

Excerpt: ...or damages related to a trip and fall inside Defendant's store. Plaintiff's operative First Amended Complaint (“FAC”) asserts causes of action for negligence and premises liability. The FAC alleges that “[w]hile Plaintiff was shopping, his cart caught the edge of a pallet sticking out in one of the aisles which caused the cart to abruptly stop and twist causing the Plaintiff to violently fall causing sever [sic] injury to his person.” (FA...

Excerpt: ...s action against Defendant, New York & Company Stores (“Defendant”) for damages relating to Plaintiff trip in fall inside Defendant's store. On 7/23/20, Defendant filed a Notice of Defendant's Bankruptcy Filing. Thereafter, on 10/2/20, Plaintiff filed Notice of Stipulation and Consent Order Granting Limited Relief from Automatic Stay with respect to the personal injury claim asserted by Plaintiff. At this time, Defendant moves for a protectiv...

Excerpt: ...dant”) for damages arising from a motor vehicle accident. On 10/2/20, Plaintiff filed a motion to compel Defendant to respond further to demand for inspection and production of documents (“RPDs”), set one, No. 9. On 3/2/21, the parties participated in an IDC regarding the subject discovery dispute; however, the matter was not resolved. Plaintiff now moves to compel further response to RPDs No. 9. Defendant opposes the motion, and Plaintiff ...

Excerpt: ... Dassoff (“Dassoff”) for injuries Plaintiff sustained from an alleged dog bite incident that occurred on or about 7/31/19. Defendant Dassoff now moves for summary judgment arguing the subject dogs that allegedly attacked Plaintiff are not owned by Dassoff or Dassoff's tenant, Johnson, and that Dassoff did not have actual knowledge of the any incidents involving the dogs. 2. Motion for Summary Judgment a. Moving Argument Dassoff argues that Jo...

Excerpt: ... Los Angeles Unified School District (“Defendant”) for damages arising out of an injury Plaintiff sustained in her physical education class. At this time, Defendant seeks leave to file a First Amended Answer to assert defenses under the Medical Injury Compensation Reform Act (“MICRA”). 2. Motion for Leave to File First Amended Complaint Defendant seeks leave to file a First Amended Answer (“FAA”) to include defenses under MICRA. Defen...

Excerpt: ..., Inc. (collectively, “Defendants”) for damages arising from a motor vehicle accident. At this time, Defendants move for terminating sanctions against Plaintiff based on Plaintiff violating the court's 9/1/20 Order by failing to serve verified responses to discovery requests and to pay monetary sanctions. Code of Civil Procedure § 2023.030 gives the court the discretion to impose sanctions against anyone engaging in a misuse of the discovery...

Excerpt: ...on (“Aley”) and Lorettha Lomeli Runfola (“Runfola”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. The complaint alleges the accident occurred in San Bernardino County. Defendants now move for an order changing venue to the Kern County Superior Court. 2. Motion to Change Venue a. Parties' Positions Defendants assert Plaintiff lives in Bakersfield, which is in Kern County, as do all physicians that have...

Excerpt: ...osition. Plaintiff asserts he has noticed Defendant's deposition multiple times. Most recently, Plaintiff noticed Defendant's deposition on 7/30/20, to be completed remotely and setting the deposition for 8/14/20. (Mot. Exh. D.) However, Defendant objected to the deposition notice and refused to sit for her deposition. CCP § 2025.450(a) provides, “If, after service of a deposition notice, a party to the action or an officer, director, managing...

Excerpt: ...ge District (the “District”), City of Long Beach (the “City”), and County of Los Angeles for damages arising out of Plaintiff's fall on a sidewalk. The complaint alleges causes of action for (1) dangerous condition of public property pursuant to Government Code § 835, and (2) public employee liability for wrongful acts or omissions under Government Code § 840.2 The District now moves for summary judgment as to Plaintiff's complaint. 2. ...

Excerpt: ...”) 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 reference Go...

Excerpt: ...led this action against Defendants, 7440 N. Sepulveda LLC and Barakat- Allah Management (collectively, “Defendants”) for injuries Plaintiff sustained from a fire in his apartment. Defendants filed the instant motion to compel further deposition answers on 6/2/20. Defendants move for an order compelling Plaintiff to answer deposition questions Plaintiff failed to respond to at Plaintiff's deposition on 2/7/20, including questions relating to P...

Excerpt: ...di”) and O.A.L. Tow, Inc., doing business as Westside Tow (collectively, “Defendants”) alleging claims for negligence and negligent entrustment. The complaint alleges that on 1/21/20, Defendant Mehdi towed Plaintiff's vehicle to an auto shop, and Plaintiff rode with Mehdi. When they they pulled into the shop Plaintiff got out of the tow truck and went to his vehicle to retrieve paper work, but Mehdi then negligently and carelessly began to ...

Excerpt: ... (collectively, “Defendants”) for damages arising out of an automobile accident. This matter was initially set for hearing on 5/17/21. However, on 2/10/21, Defendants filed an Ex Parte Appliation to Advance the Hearing Date for the instant motion, which the court granted by setting the motion to heard on 3/1/21. (Min. Order 2/11/21 and 2/16/21/21.) II. Motion to Compel IME Defendants assert they properly served Plaintiff with a Demand for Ind...

Excerpt: ... (“Lozano”) filed this action against Defendants, John Genovese (“John”) and Gregory Genovese (“Gregory”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. The complaint alleges cause of action for (1) motor vehicle accident and (2) loss of consortium. Defendants now each demur to the complaint arguing the complaint fails to state a cause of action against Defendants. Additionally, Defendants move to ...

Excerpt: ...“Claude”), Special Olympics Southern California, Inc. (“Special Olympics”), and City of Los Angeles (the “City”) for injuries Plaintiff sustained after allegedly being attacked by dogs while training with Special Olympics. The complaint alleges causes of action for (1) dangerous condition of public property against the City, and (2) general negligence and (3) premises liability against Claude and Special Olympics. Defendant the City n...

Excerpt: ...6, 2021 1. Background Plaintiffs, Gayane Bursalian (“Bursalian”), Mikhail Bursalioglu (“Mikhail”), and Torus Bursalioglu (“Torus”) (collectively, “Plaintiffs”) filed this action against Defendants Process Cellular Inc. dba Procell (“Process”) and Harry Ayvazian for negligence and premises liability. Plaintiffs allege Process was working on the roof of the apartment where Plaintiffs reside and damaged the roof, so that when it ...

Excerpt: ...nt, Saint Francis Hospital (“Defendant”) alleging Defendant gave Plaintiff a uterus tract infection while she was pregnant. On 12/21/20, Plaintiff filed her First Amended Complaint (“FAC”) on form PI-001 seemingly asserting a cause of action for negligence. The FAC includes a prayer for punitive damages. Defendant now demurs to the FAC arguing it fails to state facts sufficient to constitute any cause of action against Defendant, and the ...

Excerpt: ... Yengibaryan (“Yengibaryan “) and Khachik Vahramyan (“Vahramyan”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. The complaint alleges a single cause of action for negligence. The complaint includes a prayer for punitive damages and attorney's fees. Defendants now moves to strike the punitive damages and request for attorney's fees. 2. Motion to Strike a. Moving Argument Defendants contend the complain...