Excerpt: ...rdian ad litem Xin Su (“Su”), Jingbo Pang, and Su filed this action against Defendants Estelle H. Liou, D.D.S., Estelle H. Liou, D.D.S., Inc., and Dino Kids' Dental arising from treatment provided on January 21, 2021. . On May 7, 2021, Defendants served a Notice of Taking Deposition of Steven, who is three years old. Plaintiffs filed this Motion on May 17, 2021 seeking a protective order barring Steven from being deposed. In opposition, Defen...

Excerpt: ... Diana Schlichting arising from a February 5, 2019 motor vehicle collision. On May 3, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”) asserting claims for negligence and battery. Defendant demurs to Plaintiff's second cause of action for battery and moves to strike Plaintiff's request for punitive damages. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the plead...

Excerpt: ... arising from a June 13, 2019 pedestrian v. automobile accident. Defendant seeks an order compelling Plaintiff to submit to a mental examination on August 9, 2021 at 9:00 a.m. with Charles H. Hinkin, Ph.D., whose specialty is neuropsychology. Defendant states the mental examination is necessary for the purpose of investigating and evaluating Plaintiff's claimed cognitive/mental/emotional injuries. In any case in which a plaintiff is seeking recov...

Excerpt: ...against Defendant Reliant Medical Transport (“Defendant”) and Ismael Zamora (“Zamora”). Plaintiff alleges that Zamora negligently drove a medical transport van for Defendant and hit Plaintiff while he was riding his bicycle. Nonparty California Insurance Guarantee Association (“CIGA”) seeks leave to intervene in the action because Defendant's insurance carrier, Gateway Insurance Company, has been liquidated and Defendant is a suspende...

Excerpt: ..., Santiago Sanchez, Brian Jiron, and Maria Sanchez filed this action against defendants County of Los Angeles (“Defendant”), City of Los Angeles, Delia Galindo, and Maximo Galindo arising from a December 24, 2019 pedestrian v. automobile collision. On February 8, 2021, Defendant served a request for statement of damages on Plaintiff. Plaintiff has not yet served a response to the request. If a plaintiff fails to respond to a request for state...

Excerpt: ...ndant”) and Taylor Tennis Courts Inc. arising from an April 10, 2019 injury sustained on a pickleball court. Plaintiff alleges that before April 10, 2019, Defendants converted tennis courts into pickleball courts, but did so negligently by placing concrete walls too close to the boundary markings on the court and failing to install protective padding in and around the pickleball courts. (Compl., ¶ 2.) Plaintiff alleges that through no fault of...

Excerpt: ...nandez Menendez and Michelle Bran (collectively, “Plaintiffs”) filed this action against Defendants Rogelio Quintero (“Rogelio”), Josefina Quintero (“Josefina”), and Karen Quintero (“Karen”) arising from a September 7, 2016 motor vehicle collision. Plaintiffs allege Rogelio, Josefina and Karen negligently operated a motor vehicle and did so in the course of their employment, owned and entrusted the motor vehicle which was operated...

Excerpt: ... this action against Defendants Lynn D. Macquoid (“Ms. Macquoid”), Encompass Insurance Company (“Encompass”), and the Estate of Clyde E. Macquoid (the “Estate”) (collectively, “Defendants”). The action arises from a March 22, 2019 motor vehicle action. Defendants demur to the Complaint on the grounds that: (1) it is barred by the 2-year statute of limitation; (2) Mrs. Macquoid and Encompass are improperly joined; (3) the Complaint...

Excerpt: ...en Andrew Bennett (“Defendant”) and Melissa Craig. This action arises from a dog fight between Plaintiff's dog, Dior, and another dog named Sonny, who belonged to Craig and was being walked by Defendant around the neighborhood at the time of the fight. Dior was attacked and died; Plaintiff subsequently filed this action. The operative Second Amended Complaint: 1) asserted causes of action for negligence/gross negligence, trespass to chattels ...

Excerpt: ...go Sanchez, Brian Jiron, and Maria Sanchez filed this action against defendants County of Los Angeles (“Defendant”), City of Los Angeles, Delia Galindo, and Maximo Galindo arising from a December 24, 2019 pedestrian v. automobile collision. On February 8, 2021, Defendant served Form Interrogatories (Set One) and Request for Production of Documents (Set One) on Plaintiff. On March 2021, Plaintiff's counsel requested a 2-week extension to respo...

Excerpt: ...his action against defendant Amanda Bennett (“Defendant”) arising from a September 13, 2018 motor vehicle accident. On March 5, 2021 Defendant served Form Interrogatories (Set One, and Request for Production of Documents (Set One) on Plaintiff. No responses were received. On April 26, 2021, defense counsel sent Plaintiff's counsel an email requesting responses. Defendant did not receive a response and filed her motions on May 11, 2021. Where ...

Excerpt: ...Diana Echeverry, M.D. and La Endocrine Care's Motion for Summary Judgment I. INTRODUCTION On March 12, 2019, Plaintiffs Mariela Hession and Albert Cantera filed this medical malpractice action against Defendants Diana Echeverry, M.D., (“Dr. Echeverry”), LA Endocrine Care, Neill Ramos, M.D., and Gregory Vanley, M.D. arising from the death of Rosa Cantera (“Decedent”). Plaintiffs allege Defendants failed to provide Decedent with thyroid med...

Excerpt: ...17 motor vehicle accident. Defendant seeks an order compelling Plaintiff to attend an independent medical examination (“IME”) on July 12, 2021 with Eric S. Millstein, M.D., an orthopedic surgeon. Defendant states that this Motion is necessary because an IME was scheduled for May 3, 2021 and confirmed by Plaintiff's counsel on April 30, 2021, but Plaintiff did not appear even though she did not serve any objections. “If a party is required t...

Excerpt: ...Defendant Richard Escoto (“Escoto”) arising from a February 23, 2015 dog bite. On June 11, 2019, Plaintiff substituted Janet Delaney (“Delaney”) for Doe 2. On August 20, 2019, Delaney filed a Cross-Complaint against Escoto for indemnification, apportionment of fault, and declaratory relief. On February 26, 2021, Delaney filed this Motion for summary judgment on the grounds that she did not have prior, actual knowledge of the physical pres...

Excerpt: ... motor vehicle accident. On March 9, 2020, Plaintiff filed a notice of partial settlement. On May 19, 2021, Plaintiff filed this Motion to enforce a settlement agreement by entering judgment against Defendant. “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant...

Excerpt: ...st Defendants Torrance Memorial Medical Center, Torrance Emergency Physician, Inc., and Curtice Wong, M.D. arising from medical treatment rendered from October 27, 2019 to October 29, 2019. Plaintiff moves for trial preference under C.C.P. 36(a). A party who is over 70 years old may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) the party has a substantial interest in the ac...

Excerpt: ...inst Defendant Long Point Development, LP (erroneously sued as Destination Long Point, Inc. dba Terranea Resort) arising from a food poisoning incident. On November 9, 2020, Plaintiff served Requests for Admissions (Set One) on Defendant. (Declaration of Grigoryan, ¶¶ 4-8.) Plaintiff moves to compel Defendant's responses to the requests for admissions and for an order deeming them admitted, and monetary sanctions. Where a party fails to timely ...

Excerpt: ...lip and fall. An amendment filed on March 11, 2019 and the operative First Amended Complaint, filed on July 12, 2019, added the Estate of Ramon Burgos as a defendant. Plaintiff alleges that she was walking to her car on December 3, 2016 at 8 a.m. when she slipped on “loose sand/gravel spread across the . . . garage floor” and fell. (FAC ¶ 13.) On February 9, 202, the Court granted Defendants' motion for summary judgment. On April 30, 2021, D...

Excerpt: ...ty of Los Angeles filed this subrogation action against Defendant Robert Leon Thomas arising from workers' compensation benefits paid to its employee, Deborah Nava, relating to a November 2, 2017 motor vehicle accident. On March 23, 2020, Nava filed a Complaint in Intervention against Defendant. On March 15, 2021, Defendant filed this Motion for an order compelling nonparty New Era General Services, Inc. (“New Era”) to produce their person mo...

Excerpt: ...n. Plaintiff moves for summary adjudication of Defendant's First through Tenth Affirmative Defenses: 1. Statute of Limitations; 2. Failure to State a Cause of Action Entitling Plaintiff to Prejudgment Interest; 3. Failure to State a Cause of Action; 4. Complaint Barred by C.C.P. § 474; 5. Comparative Negligence; 6. Failure to Mitigate Damages; 7. Proportionate Share of Fault; 8. Third-Party Comparative Negligence; 9. Assumption of Risk; 10. Fail...

Excerpt: ...successor-in- interest of Enrique F. Arrison (“Decedent”), filed this wrongful death action against Defendant 7-Eleven, Inc. (“Defendant”) (erroneously sued as “7-Eleven, Corporation”) and Does 1- 10. Plaintiff asserts two causes of action for “negligence/premises liability” against Defendant and Does 1 through 5 and “wilful [sic] misconduct” against Does 6-10 arising from the death of Decedent on June 19, 2018. On May 12, 202...

Excerpt: ...on January 16, 2018, while he was at Defendant's hospital, Defendant negligently failed to restrain or take other reasonable steps under the circumstances to protect Plaintiff from Doe 1, who was allegedly under the influence of foreign substances. Defendant moves for summary judgment and summary adjudication on the grounds that the negligence and premises liability causes of action fail as a matter of law and the claim for punitive damages has n...

Excerpt: ...2021 On January 7, 2020, plaintiff Alejandro Lopez (“Plaintiff”) filed this action against defendants Javier Romero and Bertha Romero, as trustees of the Romero Family Trust, arising from injuries sustained when he fell off the roof of Defendants' building. On March 11, 2021, Defendants served Special Interrogatories (Set One), Form Interrogatories (Set Two), and Requests for Admissions (Set Two) on Plaintiff. No responses were received. On A...

Excerpt: ...INC.'S MOTION TO CONTEST APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT Dept. 27 1:30 p.m. June 10, 2021 I.Introduction On April 29, 2020, Plaintiff Michael Melikyan, by and through his guardian ad litem, Maria Melikyan, filed this action against Defendants Treana Jeong and Ted Jeong (collectively, “the Jeongs”), Julia Roesli (“Roesli”), Tuk Tuk Scooter, Inc. (“Tuk Tuk Scooter”), and Yahya Dabbagh (“Dabbagh”). Plaintiff al...

Excerpt: ...ising from a March 25, 2019 trip and fall on a sidewalk offset. Defendant moves for summary judgment on the grounds that the sidewalk offset is a trivial defect. II. FACTUAL BACKGROUND On March 25, 2019, between 10:00 and 11:00 a.m., Plaintiff was walking from her apartment to her car when her toe hit an offset in the sidewalk and she fell. (Defendant's Undisputed Material Fact (“UMF”) Nos. 1, 3, 5.) III. LEGAL STANDARDS In reviewing a motion...

Excerpt: ...aws filed this action against Defendants Health Care Transport, Inc. dba Silver Medical Transportation and Anup Patel. Plaintiffs allege that Defendants were negligent in securing Mrs. Laws and her wheelchair while transporting her to a dialysis appointment. Mr. Laws asserts a loss of consortium claim. On March 5, 2021, Plaintiffs' motion for trial preference was granted. Trial is currently set for July 2, 2021. Defendants move to compel Mr. Laws...

Excerpt: ...) arising from a fatal hit-and-run car accident on September 6, 2017. On November 4, 2020, Plaintiff served Set One of Form Interrogatories, Special Interrogatories, Request for Production of Documents, and Request for Admissions on Defendant. (Declaration of Feldman Decl., Exs. 1-4.) To date, no responses have been received. Plaintiff moves to compel Defendant's responses to discovery requests and for an order deeming admitted requests for admis...

Excerpt: ...ohn Pierce arising from a June 22, 2019 motor vehicle accident. On May 7, 2021, the Court granted Plaintiff's motion to deem admitted the matters in his Request for Admissions (Set One). Defendant did not appear at the hearing and did not oppose the motion. Defendant moves for an order for relief from the May 7 order. Defense counsel states that on February 22, 2021, Defendant served responses stating that verifications would follow. Verification...

Excerpt: ...Pang (“Steven”), a minor, by and through his guardian ad litem Xin Su (“Su”), Jingbo Pang, and Su filed this action against Defendants Estelle H. Liou, D.D.S. (“Dr. Liou”), Estelle H. Liou, D.D.S., Inc., and Dino Kids' Dental arising from treatment provided on January 21, 2021. Plaintiffs seek leave to file a First Amended Complaint including a claim for punitive damages pursuant to Code of Civil Procedure section 425.13. Plaintiffs a...

Excerpt: ...01.07. Plaintiff contends that Medi- Cal's maximum recovery would equal no more than $6,389.15 but that due to his severe injuries, the entire lien should be waived. On June 1, 2021, DHCS filed a Response and Objections to the Petition. A letter dated May 24, 2021 from DHCS asserts a lien for $89,328.60 in services through the Medi-Cal program related to the third party liability injury on June 2, 2019. According to the letter, the Department red...

Excerpt: ...y 27, 2020, the Court sustained Defendant's demurrer with leave to amend on the grounds that Plaintiff's action was barred by the statute of limitations. On March 12, 2020, Plaintiff filed and served her First Amended Complaint. However, Defendant failed to file an Answer. Default was entered against Defendant on July 17, 2020. On November 12, 2020, Defendant filed this Motion to set aside the default on the grounds of attorney fault. The court h...

Excerpt: ...hat it did not owe Plaintiff a duty of care because it did not occupy, maintain, or control the premises. II. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply a three-step analysis: “(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence of a triable, material factual issue.” ...

Excerpt: ...�Yard House”), Darden Concepts, Inc., Lemont Nicholson, and Logan Ward (collectively, “Defendants”) for premises liability and negligence arising from a January 25, 2020 slip and fall. Plaintiff alleges that at the time of the incident, she was walking from the restroom when she slipped and fell on a step located next to the restaurant's check-in desk. (Compl., ¶ 8.) On March 19, 2021, Defendants filed a motion for summary judgment or, in ...

Excerpt: ...h, Vista Murphy, Geena Gutierrez, and Maria Del La Torre arising from three motor vehicle accidents. The first motor vehicle accident occurred on March 1, 2017 when Smith allegedly caused his vehicle to collide with Plaintiff. The second occurred on March 3, 2017 when Gutierrez rear-ended Murphy's vehicle, who subsequently rear-ended Plaintiff's vehicle. The third accident occurred on March 9, 2017 when De La Torre rear- ended Plainitff's vehicle...

Excerpt: ... was detained and falsely accused of theft at a grocery store. Plaintiff alleges causes of action for general negligence, premises liability, false imprisonment, assault/battery, negligent hiring, training, supervision and retention; intentional infliction of emotional distress; negligent infliction of emotional distress. Defendant demurs to Plaintiff's causes of action for premises liability, negligent hiring, training, supervision, and retentio...

Excerpt: ... February 27, 2017 motor vehicle accident. On January 16, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”) adding Raquel Giddings (“Giddings”), Louie Medina (“Medina”), Marvin Flores (“Flores”), Kevin Makoyan (“Makoyan”), Uber Technologies, Inc., Rasier, LLC and Rasier-CA, LLC. Plaintiff alleges that at all relevant times, Giddings was acting as Lyft's agent or employee, Medina was acting as Flores's agent o...

Excerpt: ...ing from a December 21, 2018 motor vehicle accident. Defendant seeks to depose Plaintiff's pain management doctor, Sanjiv Kumar Jain (“Jain”) but disagrees with the witness fees that are being demanded. Jain charges $1,500 per hour with a two-hour minimum; Defendant agrees to pay the $1,500 hourly rate but takes issue with Jain's two-hour minimum, which he argues essentially sets Jain's hourly fee at $3,000 because he does not anticipate that...

Excerpt: ...action against Defendant Cross Roads Properties I, LLC asserting causes of action for negligence and premises liability. On May 31, 2019, Plaintiff added Morton La Kretz as a Doe defendant. Defendants move to compel Plaintiff's deposition after he failed to appear for two noticed depositions. Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., �...

Excerpt: ... Centinela Hospital Medical Center (“Centinela Hospital”), Mehran Sourehnissani, M.D. (“Defendant”), Minghson Liu, M.D. (“Dr. Liu”), and Steven Clark, M.D. (“Dr. Clark”) for medical malpractice. Plaintiff alleges that on September 24, 2018, he presented to Centinela Hospital with complaints of hypotension, dizziness, and acute left flank pain for treatment by Defendant and Dr. Clark. Plaintiff alleges he was given a prescription f...

Excerpt: ...Carmen Rosa Garcia arising from a July 3, 2017 pedestrian vs. motor vehicle accident. On April 16, 2021, Defendant filed this motion to compel Plaintiff's attendance at an independent medical examination (“IME”). The Motion is made on the grounds that Plaintiff failed to appear for his IME which was scheduled for June 10, 2020. On June 16, 2020, Plaintiff's counsel filed a Motion to be relieved which was granted on October 15, 2020. In any ca...

Excerpt: ...ainst Defendants Apple Tree International Corporation (“Defendant”), Forreststore, Lifang Wang, Min Xiao, and Amazon.com Inc. (“Amazon”) for negligence, products liability, and breach of implied warranties. Plaintiff alleges she was injured on May 30, 2018 by a salon stool that was dangerous, hazardous and/or unsafe. On February 10, 2020, Defendant filed a cross-complaint against Amazon. On February 25, 2020, Plaintiff dismissed Wang and ...

Excerpt: ...chool”). Plaintiffs allege a claim for wrongful death and survival action based upon negligence and a wrongful death and survival action based upon premises liability arising from the death of F.A. on March 6, 2018 while he was participating in his physical education (P.E.) class. Defendant Los Angeles Unified School District (“Defendant”) moves for summary judgment or, in the alternative, summary adjudication of each cause of action on the...

Excerpt: ...rnandez (“Plaintiff”) and Blanca Olga Gonzalez filed this action against defendant Yang Gao arising from a March 11, 2019. Plaintiff claims he required medical treatments, including lumbar surgery and permanent implantation of a spinal cord stimulator. Plaintiff seeks to quash Defendant's subpoenas to Plaintiff's medical providers, including: (1) Advanced Spine Institute [Dr. K. Rad Payman], (2) AV Family Chiropractic, (3) Beverly Hills Advan...

Excerpt: ...ION Dept. 27 2:30 p.m. Ma y 20, 2021 I. INTRODUCTION On May 1, 2019, Plaintiff Marilyn Sue Lawrence filed this action against Defendants Robert D. Heron, Claire L. Heron, and C. Macintosh Incorporated dba Craig's Plumbing (“Craig's Plumbing”) arising from a May 3, 2017 fall. Plaintiff alleges that she was a tenant of a building owned by Robert D. Heron and Claire L. Heron (collectively, “Defendants”) and that she fell into a manhole that ...

Excerpt: ...er Ochoa (“Ochoa”), and Alison Ochoa Linares (“Baby Alison”) (collectively, “Plaintiffs”) filed this action against Defendants AllSafe Medical Group Foundation (“AllSafe”), Ayaman Allawadi, M.D. (“Dr. Allawadi”), Ayman Allawadi, M.D., Inc. dba AllSafe Medical Group, and Marsha Martinson, M.D. (“Defendant”). Plaintiffs assert two medical negligence causes of action for wrongful birth and wrongful life arising from the birth...

Excerpt: ...mplaint on November 19, 2020, which only named Defendant. Plaintiff alleges that she was diagnosed with breast cancer and wanted to find a doctor who was willing to provide a mastectomy without removing her lymph nodes. Plaintiff alleges Defendant agreed to perform this procedure but breached their contract when she: (1) provided false information about the surgery and (2) performed a “wrong procedure” i.e., a radical mastectomy which removed...

Excerpt: ...NT Dept. 27 1:30 p.m. Ma y 17, 2021 I. INTRODUCTION On January 3, 2020, Theod Simonian, Lidoosh Akoupian, Arbey Simon, Marine Simonian, Daniel Simonian, and Emilie Simonian filed this medical malpractice and wrongful death action against defendants Glendale Adventist Medical Center Foundation, Glendale Adventist Medical Center dba Adventist Health Glendale (“Defendant”) (erroneously sued as separate entities Glendale Adventist Medical Center ...

Excerpt: ...nt Torrance Memorial Medical Center asserting claims for negligence and premises liability arising from a December 6, 2019 slip and fall. On February 16, 2021, Defendant filed this motion for summary judgment on the grounds that there are no triable issues of material fact with respect to Defendant's compliance with the applicable standard of care and that no act or omission on the part of Defendant was a substantial factor in causing the claimed...

Excerpt: ... S. Mejia Ramirez arising from a January 9, 2019 motor vehicle accident. On April 20, 2021, Defendant filed two motions seeking leave to obtain additional independent medical examinations (“IME”) and a mental examination of Plaintiff. Additional Physical IMEs In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff where: (1) the examination does not include...

Excerpt: ...filed this action against defendant City of Azusa, County of Los Angeles, and State of California. On March 16, 2021, Plaintiff named City of Los Angeles (“Defendant”) as Doe 1. Plaintiffs allege that on September 19, 2020, Saldivar was thrown off his bicycle due to a pothole in the street/roadway near 1101 Foothill Boulevard, Azusa, California. (Compl., ¶ 7.) Plaintiffs assert causes of action for: (1) dangerous condition of public property...