Excerpt: ...fendants #WO, LLC dba WO•LA (“WO•LA”), Peter Strykowski (sued under his stage name, “Peter Lee Thomas”) (“Thomas”) and Craig Juda (“Juda”) (collectively, “Defendants”) for negligence and gross negligence arising from a fall during a martial arts class, named “P.H.I.G.T. Club. Plaintiff alleges the studio was designed for low impact workout, but not hand-to-hand combat and martial art exercises practiced in the P.H.I.G.T....

Excerpt: ...�) filed this action against defendants Blick Art Materials (“Defendant”) and City of Los Angeles arising from a February 8, 2019 trip and fall. On Marcy 31, 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. Defendant filed its motions on September 25, 2020. Where a party fails to serve timely responses to disco...

Excerpt: ...filed this action against defendants Global Experience Specialists, Inc. (“GES”) and its employee, John Sims (“Sims”) (collectively, “Defendants”), arising from an October 3, 2016 construction site injury at the Anaheim Convention Center. GES was the general contractor for a project to install an LED wall for an exhibition booth at the Orange County Auto Show. Plaintiff was working for his employer, National Convention Services, when ...

Excerpt: ...Kobulnick (“Defendant”) and Belinda Kobulnick arising from a February 11, 2018 pedestrian vs. automobile accident. On November 8, 2019, Plaintiff dismissed Belinda Kobulnick from the action. On April 5, 2021, Defendant filed this motion for leave to obtain an additional physical examination of Plaintiff and additional dental x-rays. Specifically, Defendant seeks an order compelling Plaintiff to submit to dental x-rays on May 12, 2021 at 9:30 ...

Excerpt: ...dants Miguel Angel Ramos and Guillermina Ramos (collectively, “Defendants”) arising from a November 28, 2018 dog bite. On November 6, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”) adding a cause of action for premises liability. Defendants demur to the FAC on the grounds that it fails to state facts sufficient to constitute a cause of action against Defendants. Defendants also demur on the grounds that the FAC is unc...

Excerpt: ...ens Jr., through their respective guardians ad litem, filed this action as the successors-in-interest to Ryan Givens (“Decedent”) against Defendants Brandon Hinton (“Hinton”), Century City Mall, LLC (“Defendant”), and Marcos & Javiers, LLC dba Mexi-Grill LLC (“Mexi-Grill”). The action arises from a January 20, 2020 shooting at the Westfield Century City Mall, which is allegedly owned, operated, managed, or supervised by Defendant....

Excerpt: ...mon Guzman arising from a June 17, 2017 motor vehicle rear-end accident. On July 16, 2020, Plaintiff filed an amendment naming Tyler Merrick (“Defendant”) as Doe 2, who now moves to quash on the grounds that the action is barred by the statute of limitations and the relation back doctrine does not apply. The general rule is that an amended complaint that adds a new defendant does not relate back to the date of filing the original complaint an...

Excerpt: ...m a September 27, 2018 vehicle vs. pedestrian accident. Plaintiff claims the following injuries: back pain, neck pain, brain injury, PTSD, nausea, and tinnitus. Plaintiff also claims the following continuing injuries: fogginess, dizziness, light sensitivity, memory loss, ringing of ears, nausea, cranial pressure, spinal pain lower, middle upper, and daily ringing of ears and spinal pain. Due to the range of Plaintiff's claimed injuries, Defendant...

Excerpt: ...rties. Claimant states she was working as an Uber driver on August 24, 2018 when she was involved in a collision with an UIM. She sustained severe injuries to her neck and lower back, which necessitated lumbar trigger point injections, facet joint injections, nerve branch blocks, and lumbar epidural steroid injections. Approximately 4 months later, on December 10, 2018, Claimant was again working as an Uber driver when she was involved in a colli...

Excerpt: ... Alpha Beta Company dba Food 4 Less (erroneously sued as “Food 4 Less, Inc.”) arising from a January 15, 2018 slip and fall. Plaintiff alleges she was walking down Aisle 9 of Defendant's grocery store when she slipped and fell on the inner piece of an orange. Defendant moves for summary judgment on the grounds that Plaintiff cannot establish the elements of breach of duty and causation. Defendant also argues that it did not have notice of any...

Excerpt: ...anyan filed this action against Defendant Kenneth Aaron Champion arising from an August 15, 2016 motor vehicle accident. On March 3, 2020, the Court granted Defendant's request for an order compelling Plaintiff's initial responses to Defendant's Form Interrogatories, Set One. The Court ordered Plaintiff to serve verified responses with 45 days. At the time of the March 3, 2020 hearing, Plaintiff had recently retained new counsel after his previou...

Excerpt: ...inst Defendant City of Los Angeles. On February 11, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”). In the FAC, Plaintiff alleges that on March 23, 2020, she was asleep in her apartment when the driver of a Los Angeles Sanitation truck hit and broke a gas pipe in the alleyway directly behind her apartment complex. As Plaintiff was evacuating her apartment, she slipped and tripped onto the landing in the common area. Defen...

Excerpt: ... are responsible for the individual special needs students. (Attachment to Compl., (“Compl.”) ¶ 1.) Plaintiff alleges a BT was assigned to a special needs student, Richard Kim (“Kim”). Plaintiff alleges that the BT was a petite 5-foot tall woman and that Kim was 6 feet 2 inches tall. (Compl., ¶ 2.) Plaintiff alleges that Kim attacked her on August 16, 2017 and hit her multiple times around her head and chest area, causing her to suffer ...

Excerpt: ...vesns, and Ryan Givens Jr., through their respective guardians ad litem, filed this action as the successors in interest to Ryan Givens (“Decedent”) against Defendants Brandon Hinton (“Hinton”), Century City Mall, LLC (“Defendant”), and Marcos & Javiers, LLC dba Mexi-Grill LLC (“Mexi-Grill”). Plaintiffs allege causes of action for negligence as well as assault and battery. The action arises from a January 20, 2020 shooting at the ...

Excerpt: ... Guidry filed this action against Defendants Romiro Real and Lucero Real (collectively, “Defendants”). On February 1, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”). Plaintiff asserts three causes of action for general negligence, strict liability, and gross negligence/recklessness arising from a November 10, 2018 dog attack. Plaintiff also seeks punitive damages. On February 2, 2021, Defendants filed this Motion to s...

Excerpt: ...echnical School) (“Don Bosco”) and¿Michele Casanova (“Casanova”) (collectively, “Defendants”) arising from a January 8, 2015 cheerleading performance.¿ Plaintiff alleges she was injured during a cheer routine when another cheer member¿fell directly on Plaintiff during a stunt at a halftime show.¿ On December 29, 2020, Defendants filed this Motion for summary judgment on the grounds that there is no triable issue of material fact a...

Excerpt: ...neously as “James Bernardino Gamban, II”) and Henry Alexander Gasparian (“Gasparian”). Plaintiff alleges that on October 18, 2018, he was at Universal's theme park when Gamban and Gasparian, who were working as security personnel, pulled him to the ground and struck him, causing him injuries. Plaintiff asserts causes of action for negligent retention and hiring, premises liability, assault, battery, and intentional infliction of emotional...

Excerpt: ...tion on the grounds that it is uncertain and fails to state facts sufficient to constitute a cause of action. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face.¿(City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc.¿(1998) 68 Cal.App.4th 445, 459.)¿¿“We treat the demurrer as admitting all material facts properly pleaded but not conte...

Excerpt: ...es liability and negligence relating to a February 29, 2016 slip and fall. Plaintiff moves to quash Defendant's subpoena directed to Department of Health Care Services for “[a]ny and all insurance records, Medi-Cal records, Medicare claim information, correspondence, payments, claims, billing records, treatment authorization request forms, and any other documents contained within the insurance/medical file pertaining to [Plaintiff]” on the gr...

Excerpt: ...Insurance Company seeks an order compelling Respondent Edilma Palencia's attendance and testimony at her remote deposition. Respondent claims she sustained injuries and damages from a June 28, 2018 motor vehicle accident. Respondent commenced an underinsured motorist arbitration on June 22, 2020. Defendant served a notice of deposition on August 18, 2020 scheduling a deposition for October 19, 2020. This was taken off calendar and rescheduled for...

Excerpt: ...ctively, “Plaintiffs”) filed this action against Defendants Berberian Enterprises, Inc. dba Jons Marketplace (“Defendant”) (erroneously sued as “Berberian Enterprises, Inc. dba Jons International Marketplace”). Plaintiff alleges that on April 16, 2019, he was working in the rafters to install cable lines for Defendant when a wooden stud broke away, causing him to fall through the ceiling and onto the ground. Plaintiffs assert causes o...

Excerpt: ...oration, Gary McElmurry (“Defendant”), Willie Curry-Barnes, and Greg Carter II arising from an August 1, 2018 slip and fall. Defendant moves to quash service of the summons and complaint on the grounds that Plaintiff did not establish a reasonable attempt to personally serve Defendant or show that Defendant took affirmative steps to evade or avoid service in order to justify resorting to substituted service. Defendant also argues that substit...

Excerpt: ...ther response and production of documents to Request for Production of Document, Set No. 3, Nos. 17-22 and for monetary sanctions in the amount of $1,520 against Plaintiff and counsel of record. On April 26, 2018, Plaintiff Sutha Sachar filed this action alleging that she was injured on October 8, 2017 when pictures on a display fell over, causing scrapes and lacerations. Defendant contends that Plaintiff is making loss of income claims of $50,00...

Excerpt: ...inst Susan Birney. “Motor Vehicle” and “General Negligence” are checked in Item 10 of the form Complaint but no attachments for these causes of action are included. Defendant moves for judgment on the pleadings as to Plaintiff on the grounds that Plaintiff's deemed admissions show that he cannot state facts sufficient to constitute a cause of action against her. II. LEGAL STANDARD “A motion for judgment on the pleadings performs the sam...

Excerpt: ...fs Frank J. Rios (“Mr. Rios”), Erika Susana Rios (“Mrs. Rios”), and Katelin Rios (“Katelin) filed this action (the “Rios Action”) against Defendants Glendora Unified School District (“Defendant”) and Ramin Khatab aka Jake Khatab Ramen (“Jake”). On March 27, 2019, Plaintiffs Nadia Nichols (“Ms. Nichols”) and Audrey Rodriguez- Uribe (“Audrey”) filed an action against Defendant and Jake, captioned Nichols v. Glendora Un...

Excerpt: ...icle accident. On January 26, 2020, the Court issued a minute order ordering Plaintiff to serve verified responses without objections to Defendant's Form Interrogatories (Set One), Special Interrogatories (Set One), and Demand for Production of Documents (Set One) within 20 days. Plaintiff did not do so. Defendant now moves for terminating sanctions. Where a party fails to obey an order compelling answers to discovery, “the court may make those...

Excerpt: ... February 6, 2020, Plaintiff Manijeh Mohebaliyan filed this action against defendants Yard House USA, Inc. (“Yard House”), Darden Concepts, Inc., Lemont Nicholson (“Nicholson”) and Logan Ward (“Ward”) for premises liability and general negligence. Plaintiff alleges that on January 25, 2020, she was a patron of the Yard House when she slipped and fell on a step located next to the restaurant's check-in deck. At issue in this Motion is ...

Excerpt: ...t Defendant City of Los Angeles (“Defendant”) and Aaron Jacob Koester arising from a July 9, 2019 auto accident that caused personal injuries and property damage. Defendant moves for judgment on the pleadings and argues Plaintiff's action should be dismissed because she failed to comply with the claims presentation requirements of Government Code section 945.4 and failed to petition for relief from such failure. II.LEGAL STANDARD¿ “A motio...

Excerpt: ...endant Martin Ibarra Alvarez arising from an August 31, 2019 motor vehicle accident. Plaintiff alleges causes of action for motor vehicle negligence and negligence per se and alleges that Defendant was intoxicated at the time of the accident. Defendant moves to strike portions of Plaintiff's complaint. II.Meet and Confer “Before filing a motion to strike . . . the moving party shall meet and confer in person or by telephone with the party who f...

Excerpt: ...LB Management, LLC, Park La Brea Management, and Crown Building Maintenance Co. Plaintiff asserts causes of action for negligence and premises liability arising from a December 27, 2017 trip and fall involving an uncovered trench/hole/fence/post. Defendants PLB Management, LLC and Crown Building Maintenance Co. (collectively, “Defendants”) filed this motion to compel Plaintiff to submit to two independent medical examinations on April 26, 202...

Excerpt: ...laintiff Jennifer Nations filed this action against Defendants Sergio Bahena Landscaping (erroneously sued as Sergio's Landscaping”), Hidden Falls Property Management, Farrow Property, Paul Ottosi (“Paul”), Linda Ottosi (“Linda”), Estate of Paul Ottosi (“Ottosi Estate”), Paul H. and Linda G. Ottosi Trust (erroneously sued as “P & L Living Trust”) (the “Ottosi Trust”), Hidden Falls Lancaster, LLC, and Hidden Falls, LLC. As of...

Excerpt: ...ents of the University of California (erroneously sued as “Joshua Cohen M.D. and UCLA Dept. of Obstetrics & Gynecology”) for medical malpractice arising from a December 22, 2015 surgery to remove an ovarian cyst. Plaintiff alleges that the surgery was negligently performed and she had pain and numbness after surgery. Joshua Cohen, M.D. (“Dr. Cohen”) stated that Plaintiff's body was still in recovery mode. Plaintiff's body recovered and by...

Excerpt: ...intiff Gricelda Soriano Dorado, individually and as the personal representative of Martin Dorado, Moises Dorado, Jesus Dorado, and Diego Dorado, filed this action against Ardis Lee Brown, Jr. (“Brown”), Avis Budget Group, Inc., PV Holding Corporation, and Avis Rent A Car System (collectively, Avis Budget Group, Inc., PV Holding Corp., and Avis Rent a Car system, LLC is referred to as “Moving Defendants”). Plaintiffs allege that on October...

Excerpt: ...�) filed this action against Defendant Dr. Peyman Sadat. Plaintiffs assert a claim for “medical malpractice” for a misdiagnosis, “neglenant [sic]”, “lies,” “hiding medical file”, “delay in treatment”, “fraud” and “not caring Doctor for his patients [sic].” Plaintiffs generally allege that “there are many wrong things that [Defendant] did and [Plaintiffs] have a lot of evidence to prove [Defendant] guilty.” Plaintif...

Excerpt: ...Ryan Kaplan, Margaret Kaplan, and Ryan Kaplan, Inc. (collectively, “Plaintiffs”) filed this action alleging motor vehicle negligence and negligence per se against Defendants Guillermo Oswaldo Cabrera (“Cabrera”), Intervention Services, Inc. (“Intervention Services”), Carousel Child Care, Inc. (“Carousel, Inc.”), Carousel Child Care Corporation (“Carousel, Corp.”), and Maria A. Davis f.k.a Maria A. Crisp (“Davis/Crisp”). Th...

Excerpt: ...1:30 p.m. March 26, 2021 I. INTRODUCTION On September 30, 2019, Plaintiff Elvia C. (“Plaintiff”) filed this action against Defendant Yang Ja Choi (“Ms. Choi”) and Premier Resources Hoover, Inc. asserting causes of action for: (1) sexual battery, (2) intentional infliction of emotional distress (“IIED”), (3) assault, (4) negligence, and (5) premises liability. On September 21, 2020, Plaintiff added Kyu Suk Choi (“Mr. Choi”) as a Do...

Excerpt: ...ing from an October 8, 2019 car accident. On September 21, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”), which claims Plaintiff sustained loss of earnings and capacity. Plaintiff seeks to quash Defendants' subpoena to his employer, Long Beach City College (the “Subpoena”). The Subpoena requests: Any and all documents and records, including but not limited to, payroll, personnel, employment and wage records including...

Excerpt: ...cle accident. Plaintiff alleges that Defendant ran a red light and collided into the side of her vehicle at high speed. Defendant moves to strike Plaintiff's request for punitive damages in Item 14a of 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, upon a motion, or at any time in its disc...

Excerpt: ...and Vadim Olshansky arising from a July 11, 2018 motor vehicle accident. Plaintiff alleges Defendant was operating or otherwise distracted by a mobile device which warrants a punitive damages award. Defendant moves to strike Plaintiff's request for punitive damages. 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 co...

Excerpt: ...nd Daser Saguion Desahagun arising from a November 30, 2020 three-car accident. Plaintiff asserts a cause of action for negligence and requests punitive damages, alleging that she was rear-ended and that “[Defendants'] insurance companies are refusing to take responsibility to repair [her] car, pay for a rental car, and most likely refuse [sic] to pay for [her] medical bills.” (Compl., GN-1.) Defendant moves to strike Plaintiff's requests for...

Excerpt: ...Plaintiff”) and Saib Daoud (“Daoud”) (collectively, “Plaintiffs”) filed this action for medical malpractice and loss of consortium arising from a hysterectomy surgery. On November 26, 2019, Plaintiffs filed a First Amended Complaint (“FAC”). Defendant Myron Mariano, M.D. (“Defendant”) moves for summary judgment on the grounds that he complied with the standard of care in his care, he did not cause Plaintiff's injuries, and absen...

Excerpt: ... without a guardian ad litem against Defendants Los Angeles Unified School District (“LAUSD”) and Krishna Smith (“Smith”). Plaintiff asserts causes of action for negligence, assault, battery, false imprisonment, constitutional rights violation of 42 U.S.C. § 1983, negligent infliction of emotional distress, and intentional infliction of emotional distress. LAUSD demurs to each of these causes of action on the grounds that they fail to st...

Excerpt: ...aintiff George Perez filed this action against Defendant Brian Leigh Palmer arising from a May 31, 2017 motor vehicle accident. Plaintiff seeks an order compelling Defendant's further responses to Special Interrogatories (“SROGs”) (Set One) and Form Interrogatories (“FROGs”) (Set One). In opposition, Defendant argues that the Motions are time-barred because the moving and supporting papers were filed after the notice of motion. The Court ...

Excerpt: ...ool District (“Defendant”) arising from a motor vehicle collision. Defendant moves to compel Plaintiff's deposition and seeks monetary sanctions of $2,072.50. 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., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to test...

Excerpt: ...tor vehicle collision. Plaintiff moves for trial preference under Code of Civil Procedure section 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 action as a whole; and (2) the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the lit...

Excerpt: ...aintiff asserts a single cause of action and alleges that on July 16, 2017, she was injured when an assistant manager pushed a shopping cart full of merchandise into her. (Compl., GN-1.) Plaintiff alleges the employee should have been aware of her presence and negligently, carelessly, and recklessly inspected the premises and operated the shopping cart. On January 5, 2021, Defendant filed a motion for summary judgment. In the notice, Defendant se...

Excerpt: ...enazi. Dr. Eskenazi is one of Plaintiff's retained medical experts and Plaintiff contends the subpoena violates the attorney work product doctrine and Plaintiff's right to privacy. A deposition subpoena may request (1) only the attendance and testimony of a deponent, (2) only the production of business records for copying, or (3) the attendance and testimony, as well as the production of business records. (Code Civ. Proc., § 2020.020.) The court...

Excerpt: ...The Maids”) and Morris Yadidi (“Yadidi”) (collectively, “Defendants”) for premises liability and negligence. Plaintiff alleges that on December 8, 2017, she slipped and fell on water or other similar substance while employed by Defendants and performing her duties as a maid. (Compl., ¶¶ 15-16.) Plaintiff moves for an order compelling Yadidi's deposition as well as the deposition of Marlene Alvarez (“Alvarez”), one of Yadidi's empl...

Excerpt: ...filed this action against Armando Aguilar (“Aguilar”) and A and A Trucking (collectively, “Defendants”) arising from an April 15, 2019 motor vehicle vs. truck collision. On August 5, 2020, Plaintiff named Lee Ramirez as Doe 1. On January 11, 2021, the Court granted Plaintiff's motion for leave to amend the complaint to add punitive damages against Defendants. On January 15, 2021, Plaintiff filed the operative First Amended Complaint. Defe...

Excerpt: ...against defendant Moshe Wilker, M.D. for medical malpractice. Defendant seeks to quash Plaintiff's deposition subpoena to Jenny Guerrero (“Ms. Guerrero”), who is the office manager of Defendant's expert witness, Dr. Domenick Sisto, M.D. (“Dr. Sisto”). Ms. Guerrero was served on July 24, 2020 to appear for deposition on August 24, 2020. Defendant served an objection on August 3, 2020 and filed this Motion on August 19, 2020. A deposition s...

Excerpt: ...uccessor-in-interest for decedent Daniel Odoemelam (“Decedent”) filed this action for wrongful death- negligence/premises liability against Defendant Best Western International, Inc. (“Best Western”). On January 15, 2021, Plaintiff filed a First Amended Complaint (“FAC”). Defendant Hollywood Franklin Hotel and Restaurant Associates (“Hollywood Franklin Hotel”) was named as Doe 1 on January 19, 2021. Best Western and Hollywood Fran...

Excerpt: ... Hamm (“Defendant”) arising from an April 18, 2018 3-vehicle automobile collision. Defendant seeks an order setting a reasonable rate for the expert witness fees of Plaintiff's non-retained experts Vikram Singh, M.D., Neil S. Ghodadra, M.D., and Nitesh Patel, M.D. Defendant contends Plaintiff's experts' requested fee of $2,000 an hour is too high and that his own expert, Jeffrey Korchek, M.D. only charges $900 per hour. If a party desiring to...

Excerpt: ...ARBITRATION Dept. 27 8:30 a.m. March 5, 2021 I.INTRODUCTION On January 6, 2020, Plaintiff Toby Rachel Levin filed this action against Defendants Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., Kaiser Health Plan Asset Management, Inc., and Kaiser Hospital Asset Management, Inc. (collectively, “Defendants”). Plaintiff alleges that on January 15, 2019, Plaintiff was at the Kaiser Permanente hospital located at 1515 N. Vermont ...

Excerpt: ...iled this action for negligence and loss of consortium against Defendants Health Care Transport, Inc. dba Silver Medical Transportation (“Defendant”) and Anup Patel. Plaintiffs allege that on November 7, 2019, Defendant's employee, initially named as Defendant Doe 1 Driver, negligently loaded Plaintiff into Defendant's van to transport her from her retirement center to her dialysis appointment, causing her to be thrown from her wheelchair. (C...

Excerpt: ...Francis Medical Center (“Defendant”) alleging professional negligence and battery arising from a November 15, 2018 uterine biopsy. Defendant moves for summary judgment on the grounds that there exists no triable issue of material fact. The Motion is unopposed. II. FACTUAL BACKGROUND Plaintiff alleges that on November 15, 2018, she underwent a uterine biopsy at St. Francis Medical Center. (Defendant's Undisputed Material Fact (“UMF”) No. 2...

Excerpt: ...gainst defendants Francisco Javier Gonzalez and Calmet Servies, Inc. arising from a December 5, 2017 automobile accident. Plaintiff seeks to quash Defendants' subpoenas to Government Employee Insurance Company and Santa Fe Rehabilitation (for medical, billing, and radiological records). Defendants' subpoena to Government Employee Insurance Company requests: ““Any and all insurance claims, insurance policies, declaration pages, files, reports,...

Excerpt: ...“Defendant”) arising from a May 26, 2017 slip and fall. Defendant moves for summary judgment on the grounds that Plaintiff has admitted: (1) Defendant was in full compliance with all applicable building codes, rules, and ordinances on the date of the accident; (2) Defendant did not have actual or constructive knowledge of any dangerous or defective condition in the area where Plaintiff fell; (3) Defendant was not negligent; (4) Defendant did ...

Excerpt: ...gnity Health, and Roger Fontes, M.D. (“Dr. Fontes”) arising from a surgery involving the insertion of a radial head device into his arm and elbow. Plaintiff asserts causes of action against Defendant for strict liability, products liability, fraud, and breach of implied and express warranty. Plaintiff also asserts a cause of action for professional negligence against Dr. Fontes and Dignity Health. On January 8, 2021, Plaintiff filed the opera...

Excerpt: ...both minors, by and through their Guardian ad litem, Arturo Jimenez filed this action against Defendant Michelin North America, Inc. (sued erroneously as Michelin Tire Company) arising from an April 26, 2017 car accident. Plaintiff alleges a tire manufactured by Defendant exploded when her boyfriend ran over “black chunks” on the freeway, causing her boyfriend to lose control of the vehicle. The vehicle rolled approximately 3 times and immedi...

Excerpt: ...a November 20, 2017 trip and fall. On June 23, 2020, the Court granted Defendant's motion to compel Plaintiff's responses to discovery requests and ordered Plaintiff to pay monetary sanctions within 20 days of the order. Defendant served a notice of ruling on June 25, 2020. Defense counsel states that Plaintiff has not served responses or paid monetary sanctions as ordered by the Court in its June 23, 2020 Minute Order. (Johnson Decl., ¶ 8.) On ...

Excerpt: ...Mark Kranston Jones filed this action against Defendants Los Angeles County Development Authority (“Defendant”), City of West Hollywood, County of Los Angeles, and State of California alleging a dangerous condition of public property. Defendant demurs to the Complaint on the grounds that it fails to state facts sufficient to constitute a cause of action and is uncertain. Defendant also moves to strike several statutory references from the Com...

Excerpt: ...N On April 4, 2018, Plaintiff Rosalina Tsakalis (“Plaintiff”) filed this action against Defendants Elizabeth Reserva, Bob Simon, Rebecca Simon, Eduardo Flores, and Helen Flores alleging the following causes of action: (1) negligence; (2) assault and battery; (3) intentional infliction of emotional distress; (4) negligent supervision; (5) premises liability; and (6) employer liability for injuries resulting from work place violence. Plaintiff ...

Excerpt: ...d for Production, Set One, and Form Interrogatory, Set One, No. 4.1. The parties attended an IDC on January 20, 2021. The issues were not resolved. Instead, the Court suggested that Defendant cite authority to support the argument that a risk pooling trust is not discoverable. However, Defendant's opposition brief did not cite any authority supporting its argument that it should not have to produce more than a declaration page because a risk pool...

Excerpt: ...his action arising from an August 20, 2017 fall. Plaintiff alleges she sustained injuries after a wheelie cart fell and struck her. Plaintiff claims she developed pain to the lower back, right sacrum and right thigh to knee with numbness and tingling. Her alleged injuries consist of contusions of the right thigh and a sprain/strain of the right sacroiliac joint and lumbar spine with associated post trauma joint dysfunction, and the inability to s...

Excerpt: ..., Plaintiff Kenneth Allen Rogers filed this action against Defendants Omar Hernan Olave (“Defendant”), Thyssenkrupp Elevators, Inc., and Lease Plan U.S.A. arising from a February 19, 2019 motor vehicle collision. On January 6, 2021, Plaintiff served a notice of deposition of Defendant scheduled for January 21, 2021. (Plaintiff's Ex. 2.) No objections were served. But, on January 20, 2021, defense counsel's office requested a continuance of th...

Excerpt: ...s”) filed this action against Defendants Vikki Hurwitz (Hurwitz) and City of Culver City (“Defendant”) arising from a bicycle vs. bicycle collision on the Ballona Creek Bike Path. Plaintiff and Hurwitz collided into each other on the bike path, which Plaintiff claimed was a dangerous condition. Plaintiffs have reached a settlement with Defendant in exchange for a waiver of costs. Defendant now seeks a determination of good faith settlement ...

Excerpt: ...r y 23, 2021 On February 6, 2020, plaintiff Manijeh Mohebaliyan filed this action against defendants Yard House USA, Inc., Darden Concepts, Inc., Leon Nicholson, and Logan Ward (collectively, “Defendants”) for premises liability and negligence arising from a January 25, 2020 slip and fall on a step located next to a restaurant's check-in desk. Plaintiff testified that at the time of the incident, she was on her way to a blind date with an ind...

Excerpt: ...ion against Defendant FAA Beverly Hills, Inc. dba Beverly Hills BMW (“Defendant”) and Kiki Cholewka. Plaintiff alleges he brought his vehicle in for service because the steering wheel had been locking at speeds of 15-20 mph. Plaintiff left his car with Defendant to be serviced and when he picked it up, he was told that the steering issue was resolved and repaired. On March 28, 2017, Plaintiff was driving his vehicle when the steering wheel lo...

Excerpt: ...use Inc.”) for intentional tort and general negligence. Plaintiff alleges that one of Defendant's workers dumped chemicals onto the public sidewalk without warning while Plaintiff was walking on the sidewalk. (Compl., IT- 1.) Plaintiff alleges the chemicals fell on him and he suffered damages to his skin, clothing and emotional state. (Compl., GN-1.) Defendant moves to strike Plaintiff's request for punitive damages. Any party, within the time ...

Excerpt: ...ndant HP Investment Property LLC arising from an April 20, 2017 trip and fall over a parking wheel stop. Plaintiff died on April 20, 2019. Defendant moves for summary judgment on the grounds that the wheel stop was open and obvious, and compliant with the California Building Code. As Defendant filed this Motion on November 4, 2020, Defendant also argued that Plaintiff died and no personal representative has been appointed. However, on February 3,...

Excerpt: ...s Aldo Mayorga and Perla Johana Bonilla filed this action against Defendants Celco Construction Services, Inc. (erroneously and collectively sued as “Celco Construction Services Incorporated” and “Celco Construction Inc.”) (“Defendant”) and Victor Enrique Narvaez Ramirez arising from an October 23, 2019 motor vehicle collision. On January 8, 2021, Defendant filed an Answer asserting fourteen affirmative defenses. On January 19, 2021, ...

Excerpt: ... 2014 Toyota Tacoma. Plaintiff objected on the grounds that the demand for inspection was unreasonably burdensome, not reasonably calculated to lead to the discovery of admissible evidence and therefore oppressive, calculated to vex, harass and annoy, and requires Plaintiff incur unnecessary attorneys' fees. Plaintiff's objection also states that Defendant's insurer already paid for the damage and did not represent that it has no images of the ve...

Excerpt: ... to disclose important potential inherent and substantial risks involved in the lumbar fusion surgery and thus, did not obtain his informed consent. (Compl., ¶ 31-35.) Defendant moves for summary judgment on the grounds that he complied with the applicable standard of care, that no act or omission caused Plaintiff's injuries, and that Plaintiff's complaint is barred by the statute of limitations. II. FACTUAL BACKGROUND Plaintiff was first examin...

Excerpt: ...2021 I. INTRODUCTION On July 10, 2020, Plaintiff Claude Mamber (“Plaintiff”), a minor, by and through his guardian ad litem, Adrienne Hewitt-Mamber (“Hewitt-Mamber”), filed this action for general negligence and strict liability arising from a January 12, 2019 dog bite. On October 30, 2020, Plaintiff filed a First Amended Complaint (“FAC”) asserting causes of action for: (1) strict liability under California Civil Code section 3342, (...

Excerpt: ...t on or about October 21, 2018, Plaintiff was a passenger in Defendant's car when he opened the car door and pushed her out of the car as it continued moving. (Compl., ¶ 7.) Plaintiff also alleges that on or about November 20, 2018, Plaintiff was at the home she shared with Defendant when he arrived home intoxicated and began to physically assault Plaintiff. (Compl., ¶ 8.) Defendant moves to strike Plaintiff's requests for punitive damages and ...

Excerpt: ...��Defendant”) arising from a July 5, 2019 motor vehicle accident. Plaintiff seeks punitive damages for drunk driving and Defendant moves to strike the punitive damages allegations. The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436, subd. (a); Stafford v. Shultz (1954) 42 Cal.2d 767, 782 [“Matter in ...

Excerpt: ... of the thyroid on December 21, 2017. She underwent a thyroidectomy on June 4, 2018 and underwent an I-131 ablation performed by co- defendant Dr. Gregory Vanley on August 2, 2018. She was discharged on August 5, 2018. Unbeknownst to Defendants, Decedent did not go back to her house where she lived with Plaintiff, a licensed physician, she went to an empty apartment where she was unsupervised. She was found dead in the apartment on August 6, 2018...

Excerpt: ... cart accident in which Plaintiff Carly Diaz suffered injuries by falling from a golf cart that was driven by a fellow student, Kayla Duran (“Ms. Duran”). Plaintiff requests the Court order Defendant to serve further responses to her Requests for Production of Documents, Set One. Privilege Log Plaintiff complains that Defendant has not yet produced a privilege log. But Defendant states that no privilege log can be prepared because no document...

Excerpt: ...er 3, 2016 at 8 a.m. when she slipped on “loose sand/gravel spread across the [] garage floor” and fell. (FAC ¶ 13.) Plaintiff filed a “reply” to Defendant's reply brief without leave of court. This sur-reply will not be considered. II. FACTUAL BACKGROUND Plaintiff alleges that on December 3, 2016, she fell in a rear parking lot of a building owned by the Ramon Burgos Trust while walking towards her designated parking spot. (Defendant's ...

Excerpt: ...pril 18, 2018. Plaintiff, Dario Camacho (“Plaintiff”), was riding his motorcycle when he was struck by a bus driven by defendant Connie Romero (“Romero”). Plaintiff has also named Transdev Services, Inc. (“Transdev”) and the Los Angeles Metropolitan Transportation Authority (“LAMTA”). Plaintiff moves to quash a subpoena directed to Anthem Blue Cross Life and Health Insurance Company (“Anthem Blue Cross”) which seeks “All doc...

Excerpt: ...r summary judgment. Defendant served a proposed judgment on November 4, 2020. Plaintiff filed this Motion on November 9, 2020. Reconsideration under CCP § 1008 “When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and bas...

Excerpt: ... naming David Parker, Los Angeles Police Department, and the Los Angeles City Attorney Office as Defendants. On October 28, 2020, the City of Los Angeles filed a demurrer explaining that the Los Angeles City Attorney Office and Los Angeles Police Department cannot be sued because they do not exist separate and apart from the City of Los Angeles. Thus, the City of Los Angeles is the proper defendant to be sued. On December 9, 2020, Plaintiff filed...

Excerpt: ...am Kim (sued as “Lillian Kim”) (“Defendant”) and others arising from a fall sustained when he was on a scaffolding to make improvements to a nail salon. Plaintiff asserts causes of action for negligence and premises liability. Defendant was served by substituted service on June 9, 2019. Default was entered against Defendant on August 26, 2020. Defendant moves for an order setting aside the default entered against her on August 26, 2020 pu...

Excerpt: ...against defendants Charles T. Andrews, Inc. dba CTAI Pacific Greens Scape and Charles T. Andrews (“Defendant”) arising from a July 16, 2019 motor vehicle collision. Plaintiff claims damages including loss of income. Plaintiff seeks to quash Defendant's subpoenas to Bird Rides (“Deponent”) on the grounds that the subpoena is overbroad in scope, time, and subject matter, harassing, seeks information that is neither relevant nor reasonably c...

Excerpt: ...es as the basis for Defendant's Demurrer and Plaintiff's Motion to Correct Filing Date of Complaint. This action arises from a July 12, 2017 bicycle vs. motor vehicle collision. Defendant's Demurrer is premised on the fact that the July 16, 2019 filing date makes Plaintiff's action time- barred. On the other hand, Plaintiff's Motion seeks an order correcting the filing date because the complaint and related documents were rejected for clerical re...

Excerpt: ...tomobile collision. Plaintiff served the Complaint on Defendant on or about July 26, 2016. Default was entered against Defendant on September 1, 2016. Judgment was entered on March 1, 2018. On November 5, 2020, Plaintiff filed a writ of execution. On December 29, 2020, Defendant applied ex parte for a stay of execution or, in the alternative, an order specially setting hearing on motion to set aside default judgment. On January 6, 2021, Defendant...

Excerpt: ...rongful death action against Douglas B. Segal, St. Francis Medical Center (“Defendant”), John P. Kea, and Vimal Joe Ponnezhan for medical malpractice and medical negligence. The operative Second Amended Complaint removed Zeinab Khanafer and added Lames Khanafer, Rana Khanafer, Rim Khanafer, and Hussein Khanafer and asserted a single cause of action for medical malpractice arising from the death of Abbas Khanafer (“Decedent”) on August 27,...

Excerpt: ...l Institute (erroneously sued as Don Bosco Technical School) (“Defendant”) and Michele Casanova arising from a January 8, 2015 cheerleading performance. Plaintiff alleges she was injured during a cheer routine when another cheer member fell directly on Plaintiff during a stunt at a halftime show. Plaintiff served her witness designation by U.S. Mail on July 15, 2020 but failed to serve it by electronic service. Defense counsel objected to Pla...

Excerpt: ...Airplus of California, Inc. (“Airplus”) and Luga Podesta (“Podesta”). Plaintiffs filed the operative First Amended Complaint on September 18, 2020 asserting four causes of action for: (1) trespass, (2) private nuisance, (3) negligence, and (4) negligent hiring and supervision. Plaintiffs allege they were injured when Podesta hired Airplus to service an HVAC unit and Airplus's technician welded a valve underneath a fire-sprinkler head, cau...

Excerpt: ...n, Inc. arising from a fall sustained in a van while she was en route to a hemodialysis center. Plaintiff alleges the van operator failed to secure her wheelchair inside the van and she fell when the van was turning. Trial is currently set for April 7, 2022. Plaintiff moves for trial preference. Before addressing the Motion on its merits, the Court addresses Defendant's procedural objections. Defendant objects to this hearing on the grounds that ...

Excerpt: .... On April 17, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”). Defendant moves for an order striking Plaintiff's allegations for punitive damages, specifically Paragraph 15 and Plaintiff's prayer for punitive requests. 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, upon a motion,...

Excerpt: ...t Ricardo D. Amezquita Velasquez (“Defendant”) arising from an August 3, 2019 motor vehicle accident. Defendant moves to quash Plaintiff's subpoena to Thornhill & Associates, which seeks¿sub rosa¿videos, statements,¿and¿photographs¿of Plaintiff and his brother taken by¿Thornhill,¿Defendant's insurance carrier's investigation consultant, and its investigator, Angie Perez (collectively, “Thornhill”).¿¿¿ A deposition subpoena may r...

Excerpt: ...��Plaintiffs”) filed this action against Defendants Benigno Rodriguez and Rigoberto Rodriguez arising from a February 7, 2018 car accident. On November 7, 2018, the Court granted Plaintiffs' motion for trial preference and set trial for March 7, 2019. On January 24, 2019, the parties stipulated to continue the trial to October 9, 2019 after Decedent passed away. On September 30, 2019, the Court granted Defendants' ex parte application to contin...

Excerpt: ...and as successors in interest to Decedent Eduard Arakelyan (“Decedent”), Levush Arakelyan, Ashot Arakelyan, Mariam Arakelyan, and Naira Arakelyan filed this wrongful death/survival action against Defendants Anna Lynelle Graves (“Graves”), the City of Pasadena (“Defendant”), and the County of Los Angeles arising from a November 7, 2017 motorcycle vs. automobile collision between Decedent and Graves. Plaintiffs asserted 2 causes of acti...

Excerpt: ...ion and Gloria Mejia. Plaintiff alleges that on July 15, 2019, she slipped and fell on a liquid substance while in a target store. Gloria Mejia (“Defendant”) demurs to the Complaint on the grounds that it is uncertain and fails to state facts sufficient to constitute a cause of action. II.LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face.¿(City of At...

Excerpt: ...uary 26, 2018 bicycle vs. automobile collision. Defendant moves for summary judgment or, in the alternative, motion for summary adjudication on the issue of damages pursuant to Civil Code section 3333.4. II.FACTUAL BACKGROUND The incident occurred on n January 26, 2018, at approximately 2:50 p.m., on Vermont Avenue between 3rd and 4th Street in Los Angeles. (Defendant's Undisputed Material Fact (“UMF”) Nos. 1, 2.) Plaintiff was operating a po...

Excerpt: ..., Willie Curry-Barnes (“Barnes”), Greg Carter II (“Carter”), Gary McElmurry (“McElmurry”), and Robert Fox (“Fox”) (collectively, Barnes, Carter, McElmurry, and Fox are referred to the “Individual Defendants”) arising from an August 16, 2018, slip and fall. Plaintiff alleges the Individual Defendants were managerial employees responsible for maintaining the premises of Costco's store. Plaintiff asserts causes of action for prem...

Excerpt: ...rike Plaintiff's allegations for punitive damages from 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, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Cal Civ. Proc. Code § 436 (a);...

Excerpt: ...endant Arcadia Outpatient Surgery Center, L.P. arising from a surgical procedure performed on September 21, 2019. Defendant demurs to the Complaint on the grounds that it is time-barred. II.LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the ...

Excerpt: ...for strict products liability. Plaintiff alleges that he lost his balance and fell from the outer ledges of a dumpster that he climbed to empty trash. Plaintiff alleges Defendant's dumpster contained design and manufacturing defects. Defendant moves to strike Plaintiff's prayer for punitive damages. 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....