Excerpt: ...ity, Gelco Fleet Trust, and Jeff Schulman arising from an August 31, 2017 motor vehicle accident. Plaintiff seeks an order quashing subpoenas issued by Tesla Motors, Inc. and Solar City (collectively, “Defendants”) seeking her medical records from 16 different custodians for the last 10 years. In the alternative, Plaintiff requests the Court modify the subpoenas so they are limited to the injuries she sustained to her neck, back, knee, and wr...

Excerpt: ...“Rojas”) (collectively, “Defendants”) arising from an August 29, 2018 automobile accident. On June 12, 2020, Plaintiff filed proofs of service reflecting that Rojas and Rodriguez were each served with the summons, complaint, and statement by personal service on March 7, 2020 at 13325 Glamis St., Pacoima, California. At Plaintiff's request, default was entered against Defendants on June 12, 2020. Defendants move to set aside the entry of d...

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”). Defendants Emanate Health Foothill Hospital (erroneously sued as Foothill Presbyterian Hospital) and Emanate Health System (erroneously sued as Emanate Health dba Citrus Valley Health Partners,...

Excerpt: ...ACKGROUND This uninsured motorist claim arises from a November 21, 2013 two-car accident in which the uninsured motorist allegedly ran over Claimant Daniel Geoulla while fleeing the scene of the accident. The events that triggered this Motion began after Respondent's counsel, Thomas W. Shaver (“Mr. Shaver”) suggested to Claimant's counsel that Claimant's deposition testimony was different from a previously recorded statement because Claimant ...

Excerpt: ...led this action against the Los Angeles County Metropolitan Transportation Authority (“Defendant”). Plaintiff alleges that on January 14, 2019, she fell when Defendant's bus driver employee caused the bus to jolt. Defendant demurs to the causes of action for General Negligence and Motor Vehicle Negligence on the grounds that they are uncertain and fail to state facts sufficient to constitute a cause of action. Defendant also moves to strike p...

Excerpt: ...ckey Caballero (collectively, “Defendants”). The action arises from a May 19, 2017 dog bite. Plaintiff alleges Defendants failed to exercise reasonable care to control or contain a German Shepherd dog or remove it from their property. Defendants move to strike Plaintiff's request for punitive damages in Paragraphs 34, 40, 46, and Plaintiff's prayer for punitive damages and all references to malice, oppression, fraud, punitive damages, or exem...

Excerpt: ...ltagracia Castro filed this action against Defendant Azatui Samvelian arising from a January 7, 2019 car accident. On April 6, 2020, Plaintiff Altagracia Castro served Special Interrogatories, Set One, Form Interrogatories, Set One, Request for Admissions, Set One, and Request for Production, Set One on Defendant. On September 16, 2020, after no responses were received, Plaintiff filed this motion to deem admitted the matters in her Requests for ...

Excerpt: ...l malpractice action against Defendants Mehryar Taban (“Defendant”) and Mehryar Taban MD Inc. (collectively, “Defendants”) arising from cosmetic surgeries performed on July 19, 2019. On December 7, 2020, the Court granted Defendant's motion to strike Plaintiff's request for punitive damages per Code of Civil Procedure section 425.13. Plaintiff now brings this separately noticed motion for leave to amend the complaint to add punitive damag...

Excerpt: ... 19, 2021 I.INTRODUCTION On June 11, 2020, Plaintiffs Pheng Port and Cassandra Port (collectively, “Plaintiffs”) filed this action against multiple defendants including Los Angeles Unified School District (“Defendant”) arising from an October 11, 2019 pedestrian v. motor vehicle accident. Plaintiffs allege they were lawfully in a crosswalk when they were struck by a vehicle driven by co-defendant Mary Louise Smith while in the course and ...

Excerpt: .... dba Superior Grocers (“Defendant”) arising from a June 8, 2017 slip and fall. Plaintiff alleges that while at one of Defendant's grocery stores, she slipped and fell in water on the floor. She testified in deposition that it was in the meat aisle refrigerated section when she was walking to the meat counter to get a ticket for service. Defendant moves for summary judgment on the ground that there is no triable issue of material fact as to t...

Excerpt: ...dants Chintu Shah (“Shah”) and Dume Plaza III, LLC (“Dume”) (collectively, “Defendants”). Plaintiff alleges that on October 4, 2018, she was an invitee on property owned by Dume in Malibu when she was bitten and injured by Shah's dogs. Plaintiff alleges that Dume's management was aware that persons at the property were allowed to bring animals and failed to take action to protect Plaintiff from being attacked by the two dogs. Dume dem...

Excerpt: ...g from a January 2, 2018 motor vehicle collision. Plaintiff alleges Defendant was using a cell phone, not watching the roadway, and speeding. Plaintiff also alleges a cause of action for intentional infliction of emotional distress. Plaintiff requests exemplary damages. Defendant demurs to the cause of action for intentional infliction of emotional distress and moves to strike Plaintiff's exemplary damages attachment and punitive damages allegati...

Excerpt: ...ille filed this action against Defendant Steve Howey. On January 27, 2020, Defendant served Plaintiff with written discovery. No responses were received and Defendant filed motions to compel responses and deem admitted, which were heard and granted on August 24. 2020. The Court ordered Plaintiff to provide responses and pay monetary sanctions within 20 days of the date of the August 24, 2020 Order. Plaintiff has not provided responses or paid san...

Excerpt: ...st defendants Forest Lawn Memorial-Park Association and Forest Lawn Mortuary (collectively, “Defendants” arising from a January 23, 2017 slip on muddy grass at a memorial service. Plaintiff volunteered to be a pallbearer for the deceased and alleges he injured himself while attending the service and participating in the event at Defendant' direction. Plaintiff asserts causes of action for general negligence and premises liability. Defendants ...

Excerpt: ...r 8, 2020, Plaintiff Veronica Conley filed this action against Defendants James Wang, D.P.M. (Dr. Wang) and the University of Southern California dba Keck Hospital of USC (“USC”) (“Defendants”) for medical malpractice arising from treatment provided on August 10, 2018. Defendants demur to the Complaint on the grounds that it is barred by the statute of limitations. The Demurrer is unopposed. II.LEGAL STANDARDS A demurrer tests the legal s...

Excerpt: ...andscaping Service¿(“Defendant”)¿arising from an August 10, 2018 trip and fall. Defendant¿issued deposition subpoenas to¿12 medical providers which Plaintiff moves to quash.¿ The subpoenas are directed to:¿¿ 1. Bob B. Armin, M.D. 2. Cedars-Sinai Medical center 3. Fair Oaks Women's Health 4. Primex Clinical Laboratories, Inc. 5. The Hill Medical Corporation 6. BioVentus, LLC 7. Richard P. Cain, M.D. 8. Irene T. Gaw Gonzalo, M.D. 9. Hunt...

Excerpt: ...ed this action against Defendants Armando Aguilar (“Aguilar”) and A and A Trucking (collectively, “Defendants”) arising from a motor vehicle accident that occurred when Doe Defendant Lee Ramirez (“Ramirez”) rear-ended her while in the course and scope of his employment with A and A Trucking. Plaintiff seeks leave to file an amended complaint to seek punitive damages after deposing Aguilar as A and A Trucking's PMK on August 27, 2020. ...

Excerpt: ... Karina Valle filed this action against Defendants Pama Management, Inc. (“Defendant”) and Group IX BP Properties LP. Plaintiff asserts causes of action for premises liability and negligence arising from a fall allegedly caused by a loose step. On August 28, 2020, Plaintiff filed two motions to compel further responses to Form Interrogatories, (Set One) and Request for Production of Documents (Set One). On September 1, Plaintiff filed a motio...

Excerpt: ...n December 31, 2019. On July 27, 2020, Plaintiffs Tingting Geng (“Plaintiff”) and her husband, Long Meng (collectively, “Plaintiffs”) filed this motion for leave to amend the Complaint to add a request for punitive damages against Jacinto Lam, M.D. (“Defendant”). Trial is currently set for April 29, 2021. The Motion is unopposed. Allegations in the Complaint Plaintiff asserts causes of action for medical professional negligence, lack ...

Excerpt: ...gainst defendant Albert Lionel Sanchez (“Defendant”). The operative First Amended Complaint (“FAC”) was filed on October 27, 2020. Defendant moves to strike Plaintiff's request for punitive damages and exemplary damages attachment from the FAC. 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, ...

Excerpt: ... dba Personal Dental Office and Dean Salo, D.D.S. (“Defendants”) arising from dental treatment provided on June 6, 2019. Defendants issued deposition subpoenas to 14 medical providers and pharmacies which Plaintiff moves to quash. The subpoenas are directed to: 1. Hope Integrated Psychiatry (any and all psychiatric records/reports including but not limited to medications, samples, prescription logs, prescription records, evaluations, notes, m...

Excerpt: ...efendant”) and his medical corporation (collectively, “Defendants”) arising from treatment she received in March and April 2018 following a motor vehicle accident. She asserted causes of action for Medical Malpractice, Lack of Informed Consent, and Reckless Infliction of Emotional Distress. She alleges Defendant negligently performed pain management procedures on March 14, 2018 and April 18, 2018. She also claims that on April 18, 2018, Def...

Excerpt: ..., “Plaintiffs”) filed this action against defendants Darling's Flowers, Inc. (“Defendant”) and City of Los Angeles (“City”). Defendant moves for an order granting summary judgment on the grounds that it had no duty to maintain the sidewalk property, it did not breach any duty, and any act or omission did not cause Plaintiff's harm. Plaintiffs filed a notice of non-opposition. II.FACTUAL BACKGROUND Plaintiff alleges that on January 21,...

Excerpt: ...ntonio Seanez, Jr. (collectively, “Defendants”) for injuries sustained on June 26, 2018, when their pit bull allegedly attacked her while in the waiting room of a veterinary hospital. Plaintiff alleges the pit bull was “still under the exclusive control of its owner (who was holding its leash), prior to Defendants entering into any contract for services at the facility and prior to receiving any veterinary treatment at the facility.” (Com...

Excerpt: ...oe defendants 1 through 25. A third cause of action for general negligence names “Ariel Ann Glass” and describes the conduct of Doe 1, a bus driver who caused the automobile accident. Defendant demurs to the FAC on the grounds that no statutory basis of liability is stated. Defendant also argues that the causes of action for negligence and motor vehicle are duplicative. Separately, Defendant moves to strike allegations of vicarious liability ...

Excerpt: ...enpting to park her vehicle and then tried to drive away when Andres confronted her, resulting in Andres being dragged while he held onto Defendant's left-side back door of her car. On August 3, 2020, the Court ordered Plaintiffs to provide verified responses without objections to Defendant's written discovery. Defendant filed a notice of ruling on August 5, 2020, which stated that Margarita was ordered to respond to Defendant's Form Interrogator...

Excerpt: ...vehicles in a chain reaction of collisions. Plaintiff further alleges Defendant was “driving erratically, at an unsafe speed, inattentive, [sic] not maintaining a proper lookout at time of accident.” (Compl., ¶ 18.) On June 29, 2020, Defendant filed a motion to strike Plaintiff's punitive damages allegations in Paragraph 18, Plaintiff's request for prejudgment interest, and Plaintiff's request for punitive and exemplary damages. On October 1...

Excerpt: ...On July 2, 2016, she slipped on the mat and sustained injuries.¿¿ On June 29, 2018, Plaintiff filed this action against defendants¿Telebrands¿Corp. (“Telebrands”),¿Bulbhead, Bulbhead.com, LLC (“Bulbhead.com”), and Polar Pooch for negligence, strict products liability (manufacturing defect), strict products liability (design defect), strict products liability (failure to warn), strict products liability (failure to adequately test), a...

Excerpt: ...a filed this action against Defendants Lyft, Inc. (“Defendant”) and Ricky A. Alvarez (“Alvarez”). Plaintiff alleges that on February 27, 2020, he was working as a driver for Defendant and accepted a ride request from Alvarez. Plaintiff alleges that during the ride, Alvarez repeatedly stabbed Plaintiff causing severe lacerations to his left hand and both legs. Plaintiff asserts 4 causes of action: (1) statutory liability for failure to pro...

Excerpt: ...ine Rifkin (“Christine”) and Does 1 to 100 arising from a May 13, 2016 pedestrian vs. motor vehicle accident. On July 1, 2020, Plaintiff filed an amendment to the complaint identifying Maxx Rifkin (“Maxx”) as the correct defendant. Christine is Maxx's mother was not the driver or a passenger in the car at the time of the accident. Maxx moves to strike the Doe amendment on the grounds that the statute of limitations expired on two years ag...

Excerpt: ... and Does 1 through 5 (collectively, “Defendants”). Plaintiff alleges he was playing catch on April 3, 2019 on a grass field at Wilderness Park when his right foot and ankle fell into a sprinkler head hole. Plaintiff contends Defendants failed to maintain the grass and sprinkler head at Wilderness Park by allowing the deep sprinkler head hole to remain in place rather than to bring it level with or closer to ground level, allowing grass the g...

Excerpt: ...lectively, “Plaintiffs”) filed this action against Defendant Ideal Transit, Inc. Defendant moves to enforce a settlement agreement entered into between the parties on February 26, 2020. “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 to the terms of the...

Excerpt: ...MOTION FOR SUMMARY JUDGMENT Dept. 27 2:30 p.m. December 14, 2020 I.INTRODUCTION On June 20, 2019, plaintiffs Lawrence Bright (“Plaintiff”) and Kathy Bright filed this medical malpractice action against defendant Peter Glieberman, M.D. (“Defendant”) arising from a hip replacement surgery performed on May 18, 2018. On August 9, 2019, Plaintiffs filed the operative First Amended Complaint in which Plaintiff alleges that during the course of ...

Excerpt: ...s, Inc. dba Beverly Hills BMW (“Beverly Hills BMW”) and Kiki Cholewka (“Cholewka”) (collectively, “Defendants”) for negligence arising from services and repaired performed when he brought the vehicle in on March 1, 2017 and March 20, 2017. Plaintiff alleges he complained to Beverly Hills BMW that his vehicle's steering wheel had been locking up at certain times and asked Beverly Hills BMW to investigate and repair the issue. Plaintiff...

Excerpt: ... [TENTATIVE] ORDER RE: DEFENDANTS SHIMA HADIDCHI AND ARASH MILANI'S DEMURRER TO PLAINTIFFS' COMPLAINT. Dept. 27 3:30 p.m. December 14, 2020 I.INTRODUCTION On August 3, 2020, Plaintiffs Vali Abdoli and Shala Abdoli (Shahla filed this wrongful death and survivor action against Defendants Shima Hadidchi (“Hadidchi”), Arash Milani (“Milani”), and Masoud Bitarafan (“Bitarafan”) arising from the death of Mohammad Abdoli (“Decedent”) on ...

Excerpt: ...ngs arising from a March 28, 2020 motor vehicle accident. Plaintiff alleges Defendant made a left turn directly onto oncoming traffic and collided with Plaintiff, who was on a motorcycle. Defendant moves to strike Plaintiff's request for punitive damages from the Form Complaint and the Exemplary Damages Attachment on the grounds that punitive damages is not available for a motor vehicle negligence case. Any party, within the time allowed to respo...

Excerpt: ...ainst Defendants Tawny Lynn Lago and Nicholas Light for motor vehicle negligence and negligence per se arising from a February 1, 2019 motor vehicle collision. Defendants move to strike Plaintiffs' punitive damages allegations. The Motion is unopposed. 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 ...

Excerpt: ...action against Defendant Harbor Dispatch Transport, Inc. arising from an April 25, 2017 motor vehicle accident. On June 12, 2020, Defendant served 12 subpoenas requesting medical, radiology, and billing records from United Medical Imaging of Los Angeles – Downtown LA, United Medical Imaging, Inc./Billing – West LA, United Medical Imaging of Los Angeles/Radiology, Radnet, Inc. – Radnet, Radnet Inc./Billing, and Radnet Film Library. Each subp...

Excerpt: ...his Guardian ad Litem, Rochelle Bryant (“Julian”), Rochelle Bryant (“Rochelle”), and Jerry Bryant (“Jerry”) (collectively, “Plaintiffs”) filed this action against the City of Pomona (“Pomona”) and Foothill Transit asserting a cause of action for premises liability on the counts of negligence, and dangerous condition of public property. Rochelle and Jerry are Julian's parents. Plaintiffs allege that on January 23, 2019, Julian ...

Excerpt: ...ant”), County of Los Angeles (“County”) and Wendy Braun (“Braun”) on August 9, 2019. Plaintiff alleges that on December 3, 2018, he was walking with a knee scooter at or near 1264 E. Appleton St., Long Beach when his knee scooter was caught in a crack and/or other defect in the sidewalk, causing him to fall and sustain injuries. Defendant moves for summary judgment on the Complaint on the ground that Plaintiff cannot establish it had ac...

Excerpt: ...ichael Kach, D.D.S. (“Dr. Kach”) and other medical providers. The operative First Amended Complaint asserts causes of action for professional negligence, intentional concealment, and constructive fraud. Dr. Kach demurs to the Plaintiff's causes of action for intentional concealment and constructive fraud on the grounds that the FAC fails to state facts sufficient to constitute those two causes of action. The FAC alleges that on or about Novem...

Excerpt: ...n July 13, 2020, plaintiffs Joseph Doloboff (“Plaintiff”) and Elena Doloboff (“Elena”) (collectively, “Plaintiffs”) filed this action against defendants Mitchell Spirt, M.D. (“Dr. Spirt”), individually and dba Pinnacle Gastroenterology Medical Associates (“Pinnacle”), Cedars-Sinai Medical Center, and Cedars-Sinai Medical Group. Dr. Spirt and Pinnacle (collectively, “Defendants”) demur to the Second Cause of Action for Negl...

Excerpt: ... a wrongful death action brought by the surviving parents of decedent, Yaya Lin. On March 11, 2019, Plaintiffs Hongbin Lin and Wenqin Chen filed a complaint against Defendant Selina Vai Yee Vong. Plaintiffs allege that Defendant “owned, operated, and/or employed the operator of the motor vehicle, and the operator so negligently and carelessly operated the motor vehicle that they breached their duty of care by failing to yield to and striking th...

Excerpt: ...ber 9, 2020 I. INTRODUCTION On September 19 2019, plaintiff Alistair McMillan (“Plaintiff”) filed this action against Defendants Wheels Labs, Inc., dba Wheels Technologies, Inc. (“Defendant”), and Does 1 through 100 for (1) Strict Products Liability, (2) Breach of Warranty, and (3) Negligence, arising from a June 1, 2019 accident caused by an allegedly malfunctioning electric bike that Plaintiff rented. Plaintiff alleges that the bike inc...

Excerpt: ...lly Beez USA, LLC (“Defendant”) for general negligence and premises liability arising from a slip and fall incident. On July 20, 2020, Defendant filed the instant motion for summary judgment. Plaintiff filed opposition papers on November 25, 2020. Defendant filed reply papers on December 4, 2020. II. FACTUAL BACKGROUND On January 14, 2018, Plaintiff and her family visited Defendant's indoor playground. (Defendant's Undisputed Material Facts (...

Excerpt: ...ce arising from a December 29, 2016 motor vehicle collision. Defendant filed his Answer on February 15, 2019. On February 12, 2020, Defendant sought leave to amend his answer to include a Twelfth Affirmative Defense of Accord and Satisfaction. On June 25, 2020, the court denied the motion without prejudice. On July 10, 2020, Defendant again filed a motion for leave to amend his answer to include a Twelfth Affirmative Defense of Accord and Satisfa...

Excerpt: ...MPLAINT BY DEFENDANT MICHAEL SINGLETON Dept. 27 3:30 p.m. December 09, 2020 I. BACKGROUND On June 11, 2020, Plaintiff Angel Moore (“Plaintiff”) filed this action against Defendants Dorothy Mae Medical Clinic, Inc. (“Clinic”) and Michael Singleton, M.D. (“Singleton”) for: (1) negligence, (2) negligent hiring, supervision, and retention of employee; (3) sexual battery and assault; (4) intentional infliction of emotional distress; and (5...

Excerpt: ...ultaariq Garba, by and through GAL Umar (collectively, “Plaintiffs”), filed their complaint against Defendants Foster Farms Inc. (“Foster Farms”) and Ralphs Supermarket Company (“Ralphs”) for: (1) negligence; (2) strict liability; (3) restitution; and (4) violation of California's Unfair Competition Law (“UCL”). Plaintiffs allege that they became sick after cooking and consuming chicken grown at Foster Farms' farm and purchased at...

Excerpt: ...egligence: premises liability arising from a slip and fall incident. On August 27, 2020, Defendant filed the instant demurrer to complaint. Plaintiff filed an opposition on November 23, 2020. Defendant filed a reply on December 1, 2020. II. LEGAL STANDARD 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....

Excerpt: ...een injured. On July 24, 2020, Plaintiff filed a “First Amended Complaint” against Defendant Charles Monk, alleging a single cause of action for negligence. On August 26, 2020, Defendant filed an answer. On August 27, 2020, Plaintiff filed the subject demurrer to Defendant's answer. Defendant filed an opposition on November 20, 2020. A reply was not filed. II. DEMURRER STANDARD Code of Civil Procedure section 430.20 provides that a party may ...

Excerpt: ...ended Complaint (“FAC”) against Defendant Ayesha Mohammad (“Defendant”) for negligence. Plaintiff alleges she was involved in an automobile accident caused by Defendant who failed to yield the right of way. On July 10, 2020, Ace American Insurance Company (“Ace”) filed a motion for leave to intervene on Defendant's behalf. Plaintiff opposes. On July 10, 2020, Defendant filed a motion for reconsideration as to the Court's June 25, 2020...

Excerpt: ...n arises out of the Plaintiff's claim that he suffered personal injuries when he slipped and fell on a dangerous condition on premises owned or controlled by the Defendants. The premises are the Queen Mary in Long Beach. The dangerous condition was a room flooded due to consistent leaks when it rained. The Complaint includes the following causes of action: 1) Negligence under premises liability and Government Code sections 815.2, 815.4, and 820; ...

Excerpt: ... On July 3, 2019, Plaintiff Austin Wood, by and through his mother and Guardian Ad Litem, Pamela Wood filed a complaint against Defendants Charles Niesen, M.D.; AMS Neurology, Inc.; CVS/Pharmacy, Inc.; CVS Health; Ying Zhang, RPH; Hoang-Oanh B. Hu, RPH; Steven Mark Goldberg, M.D.; and Methodist Hospital of Southern California (“Defendant” or “Methodist Hospital”) for breach of medical and professional obligation. On September 1, 2020, Def...

Excerpt: ... 8, 2020 I. BACKGROUND This action arises from a motor vehicle collision. On July 15, 2020, Plaintiffs Paul Barron and Alma Barron filed a complaint against Defendants Hailee Gene Kosmowski, Kambria Kaylee Duskin, Medcoast MedServices Inc. d/b/a Medcoast Ambulance Service, James Laurie Twaddell, Harris Ambulance LLC, Medcoast Employee Services LLC. TA Transport Holdings LLC, and Randy Snyder, Esq. On August 20, 2020, Plaintiffs amended the compla...

Excerpt: ...O STRIKE PUNITIVE DAMAGES FROM PLAINTIFFS' FIRST AMENDED COMPLAINT Dept. 27 3:30 p.m. December 8, 2020 I. BACKGROUND This action arises from a motor vehicle collision in which Plaintiffs Linda Escobar, Saroun Sao, S.E., and T.E. allege to have been injured. On March 13, 2020, Plaintiffs filed a complaint against Defendants James Riley Lewis III and Keo Vanveasna. On May 4, 2020, Plaintiff amended the complaint to name The Estate of James Riley Le...

Excerpt: ...them to suffer personal injuries by selling them wine that was spoiled and contaminated. The First Amended Complaint includes the following causes of action: 1) Breach of Implied Warranty of Fit for Human Consumption; 2) Strict Liability; 3) Intentional Infliction of Emotional Distress; and 4) Unfair Business Practice under Business and Professions Code section 17200. The Defendant has now filed a motion to strike the claim for punitive damages i...

Excerpt: ...al injuries while falling down on the stairs of Defendant 7000 Romaine Holdings, LLC's (“Defendant”) commercial building located at 7000 Romaine Street, Los Angeles, California 90038 (the “Premises”). Plaintiff alleges that the Premises was not safe because there was a dangerous condition in the form of a handrail that did not comply with applicable codes, specifically that it was not high enough or continuous in the location of the trip ...

Excerpt: ...n March 5, 219, Plaintiff Felipe Sanchez filed a complaint against Defendants Glendale Adventist Medical Center dba Adventist Health Glendale (“Defendant” or “GAMC”) and Gevorg A. Mutafyan, M.D. for wrongful death-medical malpractice. On September 17, 2020, Defendant filed the instant motion for summary judgment. Plaintiff filed opposition papers on November 23, 2020. II. FACTUAL BACKGROUND On December 20, 2017, decedent Alexander Sanchez...

Excerpt: ...dical malpractice action. On July 15, 2020, Plaintiff Brendan Tully filed a complaint against Defendants Mehryar Taban and Mehryar Taban MD Inc. for (1) medical malpractice, (2) fraudulent concealment, (3) negligence per se, and (4) intentional infliction of emotional distress. Plaintiff alleges that he received treatment from Dr. Taban for his proptosis, bulging eyes, and dry eye syndrome through bilateral orbital decompression, a surgery that s...

Excerpt: ...sley and the Estate of Karmala Beasley, by and through its successor in interest Amber Beasley (collectively “Plaintiffs”) filed this action against Defendants Cedars Sinai Medical Center (“CSMC”), Nicholas Nissen, M.D. (“Dr. Nissen”), Miguel A. Burch, M.D., David P. Magner, M.D., Vlad Nusinovich, M.D., and Carrie Allen. On April 17, 2019, Plaintiffs filed the operative Second Amended Complaint against Defendants for negligence/wrongf...

Excerpt: ...RODUCTION On March 28, 2017, Plaintiffs, Panayiotis Skordi and Despina Nicola, filed this action against Defendants, The Novo, Power Muse Productions, Goldenvoice, LLC, and AEG Live, LLC, to claim that the Defendants are liable for an attack by the Defendants' security guards on Payayiotis Skordi. His wife, Despina Vandi, claims she suffered emotional distress when she saw the attack. AEG Presents LA, LLC, which states that it was erroneously sue...

Excerpt: ...Yajaira Chavez (“Chavez”), Yadira Gomez (“Gomez”), Christina Parra (“Parra”), and Maria Delatorre (“Delatorre”) (collectively “Plaintiffs”) filed a complaint against Defendants Jessica Tucker (“Jessica” – referred to by first name to avoid confusion), Spencer Kimball Tucker (“Spencer” – referred to by first name to avoid confusion), and American Honda Motor Co., Inc. (“Honda”). The complaint alleges four causes...

Excerpt: ...rio Tiburcio Hernandez filed this action against defendant Sara Maria Garcia arising from a July 15, 2017 motor vehicle accident. On July 9, 2020, the Court granted Defendant's Motions to Compel Plaintiff's Responses to Defendant's Form Interrogatories, Set Two; Motion to Compel Plaintiff's Responses to Defendant's Form Interrogatories, Request for Production of Documents, Special Interrogatories, all Set One; and Motion for an Order Deeming the ...

Excerpt: ...T TO A FUNCTIONAL CAPACITY EXAMINATION BY JEFF BRUNO Dept. 27 1:30 p.m. December 3, 2020 I. BACKGROUND This action arises from plaintiff Ruben Aranda's fall through a church's roof on August 12, 2018. On September 6, 2018, Plaintiff filed this action against the church Defendant Southern California Conference of Seventh-Day Adventists (erroneously sued as Southern California Association of Seventh-Day Adventists) and Saul Aispuro for negligence. ...

Excerpt: ...h Plaintiff Shantye Lenae Jorge alleges to have been injured. On July 10, 2019, Plaintiff filed a complaint against Defendants Arturo Zamohano and Jessica Aguilar for (1) motor vehicle negligence, and (2) negligence per se. Defendants filed the subject motion to strike the prayer for punitive damages from the complaint. No opposition has been filed. II. DISCUSSION Any party, within the time allowed to respond to a pleading may serve and file a no...

Excerpt: ...rt, and negligent hiring against Defendant Uber Technologies, Inc. arising from an alleged incident on May 31, 2018. Plaintiff alleges he was struck by an unidentified driver and held against his will. Defendant moves to strike Plaintiff's punitive damages allegations. 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...

Excerpt: ... this case brought by Plaintiffs Mitchell Stephen Martin and Gemma Martin (the “Martin Action”), with the case captioned Flavio Arellano Aguirre, et al. v. Sixto Aguilera, et al. (Case No. 20STCV10693)(the “Aguirre Action”). The two actions arise out of the same March 31, 2018 7-automobile accident. The Martin Action and Aguirre Action name Sixto Aguilera, Alfredo A. Alvarez, and Alfredo Line Hauls as defendants; the Aguirre Action also n...

Excerpt: ...ua Redhouse and Jose Macias allege that on December 16, 2018, they were battered and assaulted by one or more employees of defendant Apex Security Group, Inc. while attending a Los Angeles Rams game at the Los Angeles Memorial Coliseum. Plaintiffs name Apex Security Group, Inc. (“Apex”), Los Angeles Rams (“Los Angeles Rams”), Los Angeles Memorial Coliseum Commission (“LAMCC”), and University of Southern California (“USC”) as defen...

Excerpt: ...Default was entered against Defendant on December 12, 2019. Defendant filed this Motion on June 11, 2020, within 6 months of the entry of default. Code of Civil Procedure, section 473, subdivision (b) contains two distinct provisions for relief from default. The first provision is discretionary and broad in scope, providing: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismis...

Excerpt: ...t's demand for Kassi Wooton to appear and produce documents at trial on July 14, 2020. Plaintiff also requests monetary sanctions. The trial date has been vacated and a trial setting conference is set for February 5, 2021. Defendant's opposition concedes the subpoena is void and only addresses the issue of sanctions. A demand to appear at trial may be used only to compel the attendance of and production of documents by persons who are California ...

Excerpt: ...n against Defendants T-Mobile USA, Inc. (“Defendant”), LG Electronics U.S.A., Inc., and New Wave PCS HQ, Inc. Plaintiff alleges that on February 26, 2018, she was asleep at home when she woke up with a large burn on her abdomen that was caused by a phone she purchased from Defendant's Metro PCS location in Whittier. Defendant moves for an order compelling arbitration and staying this action. II. LEGAL STANDARD “On petition of a party to an ...

Excerpt: ... against defendant Alfred Alvarez (“Defendant”) for injuries and damages arising from a motor vehicle accident. Defendant seeks a protective order to have his deposition conducted in La Mirada, Santa Fe Springs or Downey, close to his residence in La Mirada, and to only allow the deposition to proceed once Defendant's senior housing community's COVID-19 lockdown is lifted. Defendant also seeks monetary sanctions. Defendant is 90-years old and...

Excerpt: ...r vehicle accident. Defendant moves to strike punitive damages allegations from the Complaint as well as specific factual allegations regarding video footage of her. Defendant also requests to strike references to the Interinsurance Exchange of the Automobile Club. 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. (Code Civ. Proc., § 435, subd. (b)(1).) The ...

Excerpt: ...is action against David P. Manger, M.D. (“Defendant”) and other medical providers arising from the medical treatment received by Karmala Beasley (“Decedent”) on June 9, 2017. Defendant moves for summary judgment on the grounds that he complied with the applicable standard of care and there is no causation between any negligent act/or omission and Plaintiffs' injuries or damages. II.FACTUAL BACKGROUND On May 15, 2017, Decedent underwent tu...

Excerpt: ...led this action against defendants John Eiker and Peggy Eiker (“Defendants”) on July 25, 2016 for injuries arising from a dog bite.¿ On July 29, 2016, Sedgwick Claims Management Services, Inc. (“Sedgwick”) filed an action against Defendants. Sedgwick is the workers' compensation carrier for Barro's employer at the time of the incident. Discovery was propounded and Barro was deposed before the parties reached a settlement. Defendants have...

Excerpt: ...yen, Kevin Nguyen, and Chut Truong arising from a October 30, 2016 motor vehicle accident. Plaintiff was allegedly rear-ended by a vehicle driven by Kevin Nguyen (“Defendant”) and alleges injuries and damages, including anxiety. Defendant propounded a second set of special interrogatories on February 14, 2020 and responses were received on April 6, 2020. After meeting and conferring, Plaintiff agreed to provide further responses and asserted ...

Excerpt: ...o (“Defendant”) arising from a July 1, 2017 automobile accident. At the time of the incident, Defendant was insured by Access General Insurance. Access General Insurance was subsequently declared insolvent on March 13, 2018. Thus, when Plaintiff filed the action against Defendant a year later, the California Insurance Guarantee Association (“CIGA”) had taken over the administration of Defendant's claim for insurance benefits. Defendant wa...

Excerpt: ...ta Monica arising from a September 18, 2018 slip and fall incident. Plaintiff was exiting a parking structure located in the Santa Monica when she slipped on an oily substance in an alleyway. Plaintiff asserts two causes of action against Defendant: general negligence and dangerous condition of public property. Defendant moves for summary judgment on the grounds that general negligence is an inappropriate cause of action against a public entity a...

Excerpt: ...038 Dept. 27 1:30 p.m. November 13, 2020 I.INTRODUCTION On September 9, 2019, plaintiff Asatour Sinanian (“Plaintiff”) filed this action against defendant County of Los Angeles (“Defendant”) alleging negligence and denial of medical care. Plaintiff alleges that while he was an inmate at the Men's Central Jail, he injured his foot when he slipped on water that was dripping into his cell. He also alleges that he was denied medical care and ...

Excerpt: ...ntiff”) and Saib Daoud (“Daoud”) filed this action for medical malpractice and loss of consortium arising from a hysterectomy surgery. On November 26, 2019, Plaintiff filed a First Amended Complaint (“FAC”). Plaintiff was admitted to San Dimas Community Hospital (“Defendant”) on February 21, 2018 to undergo a total hysterectomy on an outpatient basis by co-defendant Richard Williams, M.D. (“Dr. Williams”). Plaintiff alleges Dr. ...

Excerpt: ...March 30, 2018 four-vehicle accident. Plaintiff claims bodily injuries, lost wages, and lost earning capacity. Plaintiff seeks to quash Defendant's 31 subpoenas for medical, insurance, and employment records. 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. Pr...

Excerpt: ... action against defendants Manuel Torres, Jr. (“Torres”) and Westley McDowell (“Defendant”) arising from a June 13, 2019 motor vehicle vs. pedestrian collision. Plaintiffs allege Torres drove a vehicle owned by Defendant while Torres was intoxicated, ran a red light, and collided the vehicle into Plaintiff. Kinoshita asserts a claim for loss of consortium. Defendant moves to strike Plaintiff's punitive damages allegations from the Complai...

Excerpt: ...��) filed this action against defendant Noemi Davalos-Bermudez arising from an April 24, 2018 car accident. On September 4, 2019, Defendant served a subpoena for Plaintiff's records from January 1, 2008 to the present (“Subpoena”). Plaintiff moves to quash the Subpoena on the grounds that it is overbroad. A deposition subpoena may request (1) only the attendance and testimony of a deponent, (2) only the production of business records for copy...

Excerpt: ... Vasquez filed this action against defendant Valente Cristobal arising from a February 18, 2018 automobile collision. Defendant moves for an ordering compelling plaintiffs Julio Ruiz and Luis Francisco Vasquez to provide responses to Defendant's written discovery and compelling Vazquez's deposition. Julio Ruiz On April 12, 2019, Defendant served Request for Production Set One, Special Interrogatories, Set One, and Form Interrogatories, Set One on...

Excerpt: ...mber 22, 2017 automobile collision. Defendant moves for terminating sanctions based on Plaintiff's failure to comply with the Court's February 27, 2020 Order, requiring her to provide responses to Defendant's written discovery. Where a party fails to obey an order compelling answers to discovery, “the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction.” (Co...

Excerpt: ...nd Samir Kamani (“Kamani”). On October 28, 2019, Plaintiff filed a proof of service showing that Kamani was served by substituted service on October 18, 2019. On December 3, 2019, Plaintiff requested the clerk enter default against Kamani. On January 2, 2020, Plaintiff named Boohoo.Com UK Limited, Boohoo Group PL, PrettyLittleThing.com, BoohooMan.com, Boohoo.com USA Limited, and Boohoo.com USA, Inc. (collectively, the “Boohoo Defendants”)...

Excerpt: ...) and Anne Stimac (“Anne”) (collectively, “Plaintiffs”) filed this action against defendant Berberian Enterprises, Inc. Plaintiff alleges he is an electrician and was hired to install cable lines at the Premises. (Compl., ¶ 6.) Plaintiff alleges that on April 16, 2019, he was injured when he stepped on a wooden stud which broke away, causing him to fall through the ceiling of Defendant's store (the “Premises”). (Compl., ¶ 7.) Plaint...

Excerpt: ... On February 26, 2020, Plaintiffs Theod Simonian, Lidoosh Akoupian, and Arbey Simon (“Plaintiffs”) filed the operative First Amended Complaint (“FAC”) asserting causes of action for medical malpractice, wrongful death, and negligence. Although numerous entities were initially named as defendants, the remaining defendants are Glendale Adventist Medical Center dba Adventist Health Glendale (“Defendant”) and two other corporations. Defen...

Excerpt: ...September 19, 2019, plaintiff Alistair McMillan filed this action against defendant Wheels Labs, Inc. dba Wheels Technologies, Inc. for products liability, breach of warranty, and negligence arising from a June 1, 2019 accident caused by an allegedly malfunctioning electric bike that Plaintiff rented. Plaintiff alleges that the bike increased speed dramatically and hurled him towards an intersection filled with cars. Plaintiff alleges he attempte...

Excerpt: ...nd Samir Kamani (“Kamani”). On October 28, 2019, Plaintiff filed a proof of service showing that Kamani was served by substituted service on October 18, 2019. On December 3, 2019, Plaintiff requested the clerk enter default against Kamani. On January 2, 2020, Plaintiff named Boohoo.Com UK Limited, Boohoo Group PL, PrettyLittleThing.com, BoohooMan.com, Boohoo.com USA Limited, and Boohoo.com USA, Inc. (collectively, the “Boohoo Defendants”)...

Excerpt: ...7, 2017 automobile accident. Plaintiff filed a request for entry of default on December 6, 2019. Defendant requests the Court set aside the default. Defendant contends the entry of default on December 6, 2019 was the result of counsel's mistake because defense counsel believed the parties had agreed to allow Defendant additional time to file a responsive pleading after Defendant was served on August 24, 2019. This Motion was filed on August 10, 2...

Excerpt: ...iff”) who suffered personal injuries as a passenger in a car operated by Defendant Norma Stanley (“Stanley”). Plaintiff connected with Stanley using the Lyft application, website, and technology platform developed and operated by Defendant Lyft, Inc. (“Lyft”). Plaintiff alleges that Stanley was employed by Lyft at the time of the accident and therefore is vicariously liable for Stanley's negligence. The accident occurred on August 11, 2...

Excerpt: ...zar (collectively, “Plaintiffs”) filed this action against Defendants Daniel Bromberg (“Bromberg”) and Jeffrey Girard (“Girard”) (collectively, “Defendants”) for personal injuries stemming from a campaign of harassment and intimidation against Plaintiffs. Defendants were personally served with the summons and complaint on August 19, 2019. However, Defendants failed to file an answer. On October 17, 2019, Plaintiffs dismissed Girar...

Excerpt: ...y sued as Cinemark). Gagua asserts causes of action for battery and negligence against Defendant and alleges Defendant's employee attacked her while she was at the movie theater and wrestled away a bag of drinking cups that a cashier had given to her. 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, Fenn...

Excerpt: ...nts Sammy Chan, M.D., Mardiros Mihranian, M.D., and Edmon Melikterminas, M.D. (“Defendant”) arising from the death of Movses Ter-Oganesyan (“Decedent”) on October 6, 2018. Decedent was admitted to Glendale Memorial Hospital for treatment of an evident small bowl obstruction but it was later determined that Decedent suffered from mesenteric ischemia. Defendant moves for summary judgment on the grounds that he did not breach the standard of...

Excerpt: ...nst defendants AHMC Whittier Hospital Medical Center, LP (erroneously sued as AHMC Healthare, Inc.) (“Defendant”) and Allen Lu, M.D. (“Dr. Lu”) (collectively, “Defendants”) for medical malpractice arising from a September 7, 2017 left-shoulder arthroscopy and bicep tenotomy. Dr. Lu is an orthopedic surgeon who performed this procedure. Plaintiff alleges that Defendants caused an adverse skin reaction resulting in a keloided scar. Defe...

Excerpt: ...ctice action against defendants Glendale Adventist Medical Center (“Glendale Adventist”) and Gevorg A. Mutafyan, M.D. (“Defendant”) arising from the death of Alejandro Sanchez (“Decedent”) following bariatric surgery on January 11, 2018. Plaintiff is the Decedent's father and alleges Defendant negligently performed the surgery so as to cause a anastomotic hole and failed to recognize and repair the hole. Defendant moves for summary ju...

Excerpt: ...st defendant Todd Barrett (“Barrett”) and Whole Foods Market (“Whole Foods”) (collectively, “Defendants”) arising from an altercation in the parking lot of a Whole Foods Market. On April 28, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”) and asserts six causes of action against Barrett: negligence, premises liability, assault, battery, intentional infliction of emotional distress (“IIED”) and negligent con...

Excerpt: ...tion against defendant Trader Joe's Company (“Defendant”) for injuries arising from a trip and fall inside a grocery store. On November 26, 2019, Plaintiff stated in her discovery responses that her bodily injuries included left and right shoulder injuries. On April 17, 2020, Defendants served three subpoenas for Plaintiff's medical, billing, and radiological records from Sutter Health-Mills Peninsula (“Sutter Health”). Plaintiff moves to...

Excerpt: ... negligence, and public nuisance. Plaintiff alleges that on June 17, 2018, he was hit by an electric motorized scooter operated by an unknown individual (“Doe”). The electric motorized scooter was owned by Bird and rented out as part of Bird's scooter-rental business. Bird demurs to all three causes of action asserted against it on the grounds that they fail to state sufficient facts and are uncertain. Bird also moves to strike Plaintiff's pu...