Excerpt: ... retaliation. Plaintiff Maureen Atencio was employed by Defendant Reading International Inc. (“Reading”) as an SEC Financial Reporting Manager. First Amended Complaint (“FAC”) ¶8. Plaintiff claims that although she performed the same job duties as her male predecessor, she was paid $40,000 less and given a lower title (“manager” instead of “director”). FAC ¶8. Plaintiff was supervised by Defendant Gilbert Avanes (“Avanes”). ...

Excerpt: ...Monica, California (the “Property”). Separate Statement of Facts (SSOF) ¶1. The Property was bought by Guy Cognein who later donated it to Plaintiff The UCLA Foundation. SSOF ¶¶1,3,5. Defendant Perside Nicole Cognein is the wife of Mr. Cognein, although Mr. Cognein was unmarried at the time he donated the Property. SSOF ¶¶ Mr. Cognien's donation to Defendant was memorialized in three agreements (the “Agreements”), which among other t...

Excerpt: ...��Petition”) against Respondent Fang Huang (“Respondent”). Legal Standard “Any party to an arbitration in which an award has been made may petition the court to confirm … the award. The petition shall name as respondents all parties to the arbitration ….” (Code Civ. Proc., § 1285.) “The petition … shall: ¶ (a) Set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the exis...

Excerpt: ...intiff alleges in the first amended complaint (FAC) that he loaned Defendant money under the terms of a promissory note and that Defendant defaulted on the loan. The only stated cause of action is breach of contract, and the requested remedies are compensatory damages with interest, court costs, and attorney's fees. Plaintiff initially filed an Application for Right to Attach Order and Writ of Attachment (Application) but without proof of service...

Excerpt: ..., alleging that Defendant issued an erroneous employment background check report. Plaintiff alleges that the report was a narrative report which cast Plaintiff in a negative light, including portraying Plaintiff as being involved in a federal criminal case that involved his former company, OtisMed. Plaintiff claims that the report was erroneous and caused Plaintiff to be denied a senior executive position at the company Accuray. Plaintiff alleges...

Excerpt: ...ant”) retention of Plaintiff Ninyo & Moore Geotechnical Environmental Sciences Consultants (“Plaintiff”) to perform testing and related services at a property located at 11777 San Vicente Blvd, Los Angeles, California. Plaintiff contends Defendant has failed to remit payments due under the retention agreement. In March 2022, Plaintiff recorded a mechanic's lien against the property to collect the unpaid balance owed by Defendant. On June 2,...

Excerpt: ...ion for (1) breach of contract and (2) breach of covenant of good faith and fair dealing against Defendant State Farm General Insurance Company. (“Defendant”). The Complaint alleges in relevant part that Defendant failed to pay insurance benefits to Plaintiff for an insurance policy for a watch. Defendant now demurs to Plaintiff's second cause of action. Defendant also moves to strike Plaintiff's claim for punitive damages. Plaintiff did not ...

Excerpt: ... Valadez filed this action against Defendant Newhope Pines Apts., Inc. dba Newhope Pines Apartments (erroneously sued as “Newhope Pines Apartments” and “Newhope Pines Apts., Inc.”) arising from an October 9, 2018 fall down a stairwell. Defendant moves to transfer this case to Orange County Superior Court. The building where Plaintiff fell is located in Santa Ana, which is in Orange County. Defendant owns the building and Defendant's princ...

Excerpt: ...il Dohad, M.D. (“Dr. Dohad”) and Cedars-Sinai Medical Center (“Defendant”) arising from a faulty cardiac catherization performed on February 19, 2020. Plaintiff asserts: (1) a cause of action for professional negligence against Dr. Dohad, (2) a cause of action for negligent hiring and retention against Defendant, and (3) a cause of action for reckless infliction of emotional distress against both defendants. Defendant demurs to the third ...

Excerpt: ...from the wrongful death of her two sons. Plaintiff alleges Elmezayen intentionally drove a car containing Plaintiff and her two sons off the dock and into the ocean after taking out substantial life insurance policies on them. On March 19, 2021, Plaintiff amended the Complaint to substitute Bassam Younan (“Defendant”) for Doe 5. On February 10, 2021, Plaintiff served a deposition subpoena on Defendant, who at that time, was not yet added as a...

Excerpt: ... on August 13, 2018, while she was at Universal Studios in Hollywood, she was injured and Defendant failed to provide safe procedures and means of ingress and egress, safe and proper crowd control, and failed to control safe bodily movements and use of metal objects. On August 20, 2020, Plaintiff named NBC Universal Theme Parks, Universal Studios Store Hollywood, LLC, and Universal City Studios LLC. With the exception of Universal City Studios, L...

Excerpt: ...tiff Antoine E. Khashan (“Plaintiff”) filed this action against defendants Uber Technologies, Inc. and Zhirayr Aleksanyan (“Defendant”) arising from a February 11, 2018 motor vehicle accident. On May 4, 2021, Defendant served Form Interrogatories and Requests for Admission on Plaintiff via email per Emergency Rule 12 at Plaintiff's counsel's email address at [email protected], which was obtained from the State Bar's website. Defendant did n...

Excerpt: ...d Dixie Diesel & Electric, Inc. (collectively, “Defendants”) arising from a December 7, 2018 pedestrian v. automobile accident. Plaintiff moves to quash Defendant's subpoenas to seven medical providers requesting records and bills, including mental and psychiatric care. The subpoenas are unlimited in time and seek Plaintiff's records from birth. A party seeking discovery from a person who is not a party to the action may obtain discovery by o...

Excerpt: ...action against Defendants Nadia Hassan Elmahalawi (“Elmahalawi”), Matthew James Stoltzner (“Stoltzner”), and Brandon Joseph Theriault (“Theriault”). Plaintiffs allege that on October 13, 2017, they were traveling in Los Angeles when Elmahalawi's vehicle rear-ended Stoltzner, causing Stoltzner's vehicle to rear-end Therialut, whose vehicle crashed into the back of Plaintiff's vehicle. On August 3, 2020, Stoltzner filed a cross-complain...

Excerpt: ...iff added Psomas, Kleinfelder, Inc., and Sully- Miller Contracting Company as Doe defendants. Plaintiff seeks to quash Defendant's subpoenas to Memorial Care Long Beach Medical Center, Memorial Care Long Beach Medical Center/Billing, Memorial Care Long Beach Center/Radiology, and Blue Shield of California. Plaintiff argues that the subpoenas are overbroad because they seek records that do not directly relate to the injured body parts at issue in ...

Excerpt: ...�) filed this action against Defendants Crunch Holdings, LLC (“Defendant”), Crunch Sunset, LLC, Crunch, LLC, Crunch LA, LLC, and Crunch JV Partners, LLC. Plaintiff asserts a cause of action for premises liability and alleges that Defendant was grossly negligent in the operation of the premises “by instructing [her] to run at competitive speeds in a relay race” inside a personal training room. (Compl., Prem.L-1.) Plaintiff also alleges tha...

Excerpt: ... Los Angeles, and Cynthia A. Dailey. Plaintiff alleges that on December 11, 2018, he tripped and fell on a sidewalk. On September 23, 2019, Plaintiff dismissed the County of Los Angeles. Plaintiff filed the operative First Amended Complaint on January 16, 2020. The Court granted Dailey's motion for summary judgment in an order dated March 23, 2021 after a hearing held on March 22, 2021. On June 8, 2021, Dailey filed a memorandum of costs. Plainti...

Excerpt: ... liability. Plaintiff alleges she slipped and fell on a substance on the ground on October 14, 2017. Plaintiff moves to compel further responses to her Requests for Production of Document Nos. 30 and 31, and Special Interrogatory No. 1. Plaintiff requests all documents from one year before the October 14, 2017 incident which show or describe other incidents where a customer slipped on a liquid or foreign substance on the floors of the store, as w...

Excerpt: ...LG Electronics U.S.A., Inc. (“LG”). Plaintiff alleges that she suffered burn injuries when a cell phone and charger overheated. On June 23, 2020, Plaintiff filed an amendment substituting New Wave PCS, Inc. as Doe 1. On June 11, 2021, T-Mobile and LG's motion to compel Plaintiff's deposition was granted. The Court ordered Plaintiff to appear for her deposition on June 25, 2021 at 10:00 a.m. and to pay $335 in sanctions. T-Mobile and LG (colle...

Excerpt: ... property. Plaintiff claims Defendants' property had a dangerous condition and Defendants failed to have competent supervisory personnel and did not provide Plaintiff with safety equipment or a safe working environment. Defendants move for summary judgment on the grounds that no triable issue exists to form the basis for negligence or premises liability because there was no unsafe condition and therefore no breach of duty. Defendants also contend...

Excerpt: ...he grounds that Conveyance Auto has no evidence for any of its purported defenses and that Plaintiff can establish that Conveyance owned the vehicle which was driven negligently, provided the vehicle without ascertaining that person's driver's license or license number or address, and negligently entrusted the vehicle. On July 16, 2021, the Court granted Conveyance Auto's motion for leave to file an amended answer to assert the Graves Amendment a...

Excerpt: ...n the bus driver slammed on the brakes and swerved to avoid a collision. She alleges Defendant is liable pursuant to Government Code sections 815.2, 815.4, 815.6, 820, Vehicle Code sections 17001 and 17002, an Civil Code section 2100. Defendant demurs to the Complaint on the grounds that the causes of action are duplicative, uncertain, and fail to state facts sufficient to state a cause of action. II. LEGAL STANDARDS A demurrer tests the legal su...

Excerpt: ...on against defendant Charniece Edwards (“Defendant”) arising from an incident on the set of a music video. Plaintiff alleges that a crew member on the set poured fake blood on her face and she sustained an eye injury on September 19, 2017. On December 29, 2020, Plaintiff served Form Interrogatories (Set One) and Special Interrogatories (Set One) on Defendant. No responses were received. On February 5, 2021, Plaintiff sent a meet and confer le...

Excerpt: ...�Plaintiff”) filed this action against defendant Jose Carlos Polina-Ruiz (“Defendant”) and John Ducar arising from a September 22, 2018 motor vehicle accident. On December 9, 2020, Defendant served Form Interrogatories (Set One), Special Interrogatories (Set One), and Requests for Production of Documents (Set One) on Plaintiff. No responses were received. On April 2, 2021, Defendant sent Plaintiff a letter requesting responses. Defendant di...

Excerpt: ...arising from a June 3, 2019 motor vehicle collision. Defendant filed an answer on January 30, 2020 and now requests leave to file an amended answer to assert a new affirmative defense based on the Graves Amendment. The Court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading, including adding or striking out the name of any party, or correcting a mistake in the name of ...

Excerpt: ...ed as “Donald Perston”) filed this action against Defendants Christopher Escobar, Burunda Gina, Juan Carlos Ortiz, and Reymundo Valdes Castillo arising from a December 9, 2016 motor vehicle accident. Defendant Christopher Escobar (“Defendant”) and Plaintiff agreed via stipulation that Plaintiff would submit to a neropsychological examination on June 7, 2021. However, Defendant argues that an order compelling Plaintiff's attendance is nece...

Excerpt: ...laint asserting causes of action for: (1) medical malpractice, (2) violations of right of privacy, (3) violation of Health and Safety Code section 1280.15, (4) intentional misrepresentation, (5) intentional infliction of emotional distress, and (6) loss of consortium. The Surgery Plaintiffs allege that Cristian consulted with Defendants for several elective cosmetic procedures including, but not limited to, abdominoplasty/liposuction, vaginoplast...

Excerpt: ...t Fung arising from an August 26, 2019 motor vehicle accident. On May 13, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”). Defendant moves to strike the claim for punitive damages as well as other phrases from the FAC including:  The second sentence of Paragraph 9, which contains language regarding how Defendant's conduct constitutes gross negligence and a conscious and reckless disregard for Plaintiff's safety;  Por...

Excerpt: ...tobal Cardona (“Plaintiff”) filed this action against Defendants American President Lines, LLC (“Defendant”) asserting a cause of action for motor vehicle negligence involving an April 24, 2017 incident. On February 11, 2021 Defendant served Plaintiff with Requests for Admission, Set One, Form Interrogatories, Set Two, and Request for Production of Documents, Set Two. (Cregan Decl., Exs. A-C.) To date, Plaintiff has not served responses. ...

Excerpt: ...nt City of Los Angeles (“Defendant”), Roland Land Investments Co., Inc., Grace Cruz, and 88 Sunset LLC arising from a August 11, 2018 trip and fall on a sidewalk in Encino, California. On October 23 2019, Plaintiff added several new defendants. Plaintiff filed the First Amended Complaint (“FAC”) on October 29, 2019. Defendant moves for summary judgment on the grounds that Plaintiff failed to comply with the claims presentation requirement...

Excerpt: ... Management, LLC and S&S Paving, Inc. On February 3, 2020, Plaintiff filed a First Amended Complaint naming Beverly Glen, LLC. Plaintiff retained new counsel on July 17, 2020 and filed this motion for leave to file a Second Amended Complaint on December 7, 2020. Trial is set for June 7, 2022. Plaintiff alleges that on April 13, 2018, he was invited to meet with Beverly Glen, LLC's agents to discuss how to stage a house. As he exited, he was direc...

Excerpt: ...bruary 23, 2018 automobile collision. On April 15, 2021, Defendant served a demand for physical examination on Plaintiff. Plaintiff objected to the physical examination on the grounds that she did not want to provide a medical history. Defendant filed this Motion on June 9, 2021 to compel Plaintiff's appearance. In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the pla...

Excerpt: ...ously sued as “Ashley Tucker”) arising from a November 16, 2017 4-vehicle automobile collision. Fant and Tucker cross-claimed against each other. Plaintiff and Tucker entered into a settlement for $85,000. On December 4, 2020, Plaintiff filed this motion for a determination of good faith settlement. Fant filed an opposition on December 24, 2020. Plaintiff filed a reply on June 29, 2021. The Court must approve any settlement entered into by le...

Excerpt: ...y Ehsan, M.D. (“Dr. Ehsan”), Reza Ray Ehsan M.D., Inc., Superior Multispecialty West LA Urgent Care, Talatu Oyefeso, P.A.-C., Thomas Dosumu-Johnson, M.D., and Allen Ozeran, D.O. Plaintiffs assert causes of action for (1) intentional misrepresentation, (2) negligent misrepresentation, (3) fraudulent concealment, (4) medical malpractice, (5) negligence per se, (6) violations of Business Code section 17200, (7) loss of consortium, and (8) sexual...

Excerpt: ...tries (“GI”) (collectively, “Defendants”), among others. Plaintiff alleges that he was injured on November 12, 2020 when a vehicle owned by GI and driven by Villa collided with him. Plaintiff moves for an order granting trial preference under Code of Civil Procedure section 36(a). Trial is currently scheduled for August 9, 2022. A party who is over 70 years old may petition the court for a preference, which the court shall grant if the co...

Excerpt: ...te Laws (“Plaintiff”) and Freddie Laws filed this action against Defendants Health Care Transport, Inc. dba Silver Medical Transportation (“Silver Medical Transportation”) and Anup Patel (“Patel”) (collectively, “Defendants”). Plaintiff alleges that an employee of Silver Medical Transportation negligently loaded her into a van and failed to secure her and her wheelchair before transporting her to her retirement home after a dialys...

Excerpt: ... 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) on Plaintiff. Plaintiff's counsel requested a two-week extension, which was granted. After the deadline passed, Plaintiff's counsel reques...

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: ...(“Lyft”) and Karyadi Sutejda arising from a July 5, 2017 motor vehicle collision. Plaintiff moves for an order compelling Lyft's further response to Form Interrogatory No. 4.1, which seeks information about Lyft's insurance policies and whether it is insured for the damages and claims at issue in this case. Form Interrogatory 4.1 asks the responding party to state: (a) the kind of coverage, (b) the name and address of the insurance company, (...

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: ...y, “Plaintiffs”) filed this action against Defendants Nicole Elizabeth Bravo (“Ms. Bravo”) and Ronald Joseph Bravo (“Mr. Bravo”) arising from an August 24, 2020 motor vehicle hit-and-run collision. Plaintiffs allege that Ms. Bravo was drunk at the time of the accident and assert a claim for punitive damages against her. Defendants seek to strike the request for punitive damages as well as Plaintiffs' Third Cause of Action for Inflicti...

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: ...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: ...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: ...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: ...) 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: ...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: ...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: ... 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...

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: ...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: ...r, LLC (“C.W. Driver”) (erroneously sued as “C.W. Driver, Inc.”), Steven Stewart Nelson (“Nelson”), Kirkley Corporation (“Kirkley”), and Aaron Michael Hughes (“Hughes”) arising from a June 26, 2019 motor vehicle collision. On October 14, 2020, C.W. Driver filed a cross-complaint against Hughes, Kirkley, and Nolan Anthony Cota (“Cota”) for contribution, indemnity, declaratory relief, and apportionment of fault. On October 2...

Excerpt: ...lmer arising from an April 7, 2017 dog bite incident. Defendant moves to strike Plaintiff's allegations for punitive damages in his Complaint including Paragraph 28(c), 29, 37(c), 38, and Paragraphs B(3), C(3) and D(3) in Plaintiff's prayer in the Complaint. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Cal. Civ. Proc. Code § 435 (b)(1).) The court may,...

Excerpt: ...ainst Defendant Kohl's Department Stores, Inc. (“Defendant”) arising from a December 15, 2018 trip and fall. Plaintiff testified in deposition that she tripped on a mannequin. Defendant moves for summary judgment on the grounds that there is no dangerous condition and it had no actual or constructive notice of a dangerous condition. II. FACTUAL BACKGROUND Plaintiff went to Defendant's store to pick up some sweaters she ordered. (Defendant's U...

Excerpt: ...negligence and negligence per se arising from a December 10, 2018 motor vehicle accident. Plaintiff alleges Defendant was under the influence of a substance and prays for punitive damages. (Compl., ¶¶ 11-12; Prayer, ¶ 6.) Defendant moves to strike Paragraphs 11 and 12 of the Complaint and Plaintiff's request for punitive damages on the grounds. The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, stri...

Excerpt: ...September 19, 2019 motor vehicle collision. On November 17, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”). Plaintiff seeks to quash Defendant's subpoenas to Anthem Insurance Group (the “Anthem Subpoena”) and Dr. Daniel Brueggemann (the “Brueggemann Subpoena”) for Plaintiff's medical and health insurance history and limit them to areas of the body at issue in this lawsuit. The Anthem Subpoena requests: “Any and ...

Excerpt: ...e, a minor by and through his guardian ad litem, Silvia Rodarte, (“Plaintiff”) filed this action against defendant Baldwin Park Unified School District (“Defendant”) arising from a February 28, 2019 trip and fall on a solar panel. On December 10, 2020, Defendant served Form Interrogatories (Set Two), Special Interrogatories (Set One), and Requests for Admission (Set One) on Plaintiff. No responses were received. On January 19, 2021, Defen...

Excerpt: ...y 25, 2021, the Court granted Ramirez's motion to compel Plaintiff's responses to written discovery and ordered Plaintiff to serve verified responses within 30 days. City and Ramirez both move for terminating sanctions and monetary sanctions based on Plaintiff's failure to comply with the Court's January 28 and February 25 orders. Where a party fails to obey an order compelling answers to discovery, “the court may make those orders that are jus...

Excerpt: ... and scope of his employer, Conejo Valley Electric, which is also owned by Ridge. Silva rear-ended a vehicle driven by Richard Hersh in which Gina Hersh was the passenger. The Hersh Plaintiffs' vehicle then rear-ended another vehicle driven by Stephany Buendia. The Hersh Plaintiffs and Buendia filed their separate actions which were later consolidated. A related case was filed by the Hersh Plaintiff's insurer, Wawanesa General Insurance Company (...

Excerpt: ...e of action for Fradulent Asset Tranfser to Delay a Creditor, and adding a claim for punitive damages. The court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading, including adding or striking out the name of any party, or correcting a mistake in the name of a party, or a mistake in any other respect. (Code Civ. Proc., § 473, subd. (a)(1).) “Public policy dictates t...

Excerpt: ...nd post-op visit report have been produced to Defendant, but Defendant requests additional information about Plaintiff's pre-existing knee pain. If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure fully to answer the interrogatories. (Coy v. Sup.Ct. (Wolcher) (1962) 58 Cal.2d 210, 220-221; Fairmont Ins. Co. v. Sup.Ct. (2000) 22 Cal.4th 245, 255.) Special Interrogatories, Set One S...

Excerpt: ... and scope of her employment with TAC at the time of the accident. Defendant moves for summary judgment on the grounds that Eiskowitz was not working within the course and scope of her employment with TAC at the time of the accident. The hearing for this Motion was originally scheduled for April 27, 2021. However, at the hearing, Plaintiff claimed he mistakenly filed objections that belonged to another case. The Court continued the hearing to May...