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...

Excerpt: ...sly sued as “Neutron Holdings, Inc. dba LimeBike”) and Segway, Inc. (“Segway”) (collectively, “Defendants”). Plaintiff alleges Lime distributes electric motorized scooters for sale and/or rental and Segway manufactures the scooters. (Compl., ¶¶ 3- 4.) Plaintiff alleges that on June 21, 2018, he rode a motorized scooter that “malfunctioned and/or abruptly stopped thereby causing [him] to be propelled over the handle bars [sic] and ...

Excerpt: ... M.D., and Elena Janev (collectively, “Defendants”) for professional negligence and negligence. Plaintiff alleges injuries arising from a laser hair removal treatment on September 8, 2018. Defendants petition the Court to compel arbitration of this matter, claiming that on May 19, 2017, Plaintiff executed an Acknowledgement, Consent, Waiver, & Release Form which contained an arbitration clause. A second Acknowledgement, Consent, Waiver, & Rel...

Excerpt: ... arising from a May 11, 2018 trip and fall. On January 31, 2020, Plaintiff named Peripheral Resources, Inc. (“Defendant”) as a Doe defendant. Defendant moves for judgment on the pleadings on the grounds that the Complaint fails to state sufficient facts as to the first cause of action for negligence. II.LEGAL STANDARD “A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects dis...

Excerpt: ...and Olympia Health Care, LLC dba Olympia Hospital (“Olympia”) (collectively, “Defendants”) for medical malpractice and battery arising from a kidney stone removal performed on September 26, 2018. Plaintiff filed a First Amended Complaint (“FAC”) on May 6, 2020. Defendants demur to the causes of action for medical malpractice and battery that are asserted against each of them. II.LEGAL STANDARDS A demurrer tests the legal sufficiency o...

Excerpt: ...017 automobile accident. On January 30, 2020, Plaintiff named American States Preferred Insurance Company (“Petitioner”) as a Doe Defendant. Petitioner issued an automobile insurance policy to Plaintiff that was in effect at the time of the accident. Plaintiff's policy provided for uninsured/underinsured motorist coverage and Plaintiff asserted a claim for those benefits. However, Plaintiff's insurance policy requires that all uninsured and u...

Excerpt: ...ba Glendale Memorial Hospital and Health Center, and Armine Ghazarian, M.D. Defendant Dignity Health has filed 9 Motions to compel further responses from Plaintiffs to Form Interrogatories (Set One), Special Interrogatories (Set One), and Demand for Production (Set One) which were propounded on each Plaintiff. An IDC was held on June 26, 2020, at which Judge Moreton rescheduled all discovery motions to be heard on September 23, 2020 so that Plain...

Excerpt: ...nce and intentional tort. Defendant demurs to the cause of action for “intentional tort” on the grounds that it 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 d...

Excerpt: ... 2019, plaintiff Tracee Walker filed this action against defendant Pico Rents, Inc. dba Pico Party Rents & Sells for negligence. Plaintiff alleges that she was injured at an office when she sat on a chair rented from Defendant. Defendant filed an answer on November 12, 2019. On March 23, 2020, Defendant filed this Motion for leave to file a cross- complaint. Defendant seeks leave to file a cross-complaint against Douglass Emmett & Company and Sam...

Excerpt: ... Medical Center (erroneously sued as Cedar-Sinai Medical Center) arising from urological care and treatment provided in February 2018. Defendant moves for summary judgment on the grounds that there is no triable issue of fact regarding the issues of standard of care and causation. II.FACTUAL BACKGROUND Plaintiff presented at Cedars-Sinai on February 19, 2018. (Defendant's Undisputed Material Fact (“UMF”) No. 3.) Her medical history was taken ...

Excerpt: ...dants PIH Health Hopsital – Whittier and Samuel Im, M.D. (“Defenadnt”). Plaintiff alleges Defendant failed to properly identify the path of the right ureter and severed it during a January 12, 2018 hysterectomy. Plaintiff also alleges Defendant negligently failed to recognize the damage to the ureter and discharged her with hydronephrosis. Defendant moves to summary judgment on the grounds that he complied with the required standard of care...

Excerpt: ...17 slip and fall in a store. Defendant moves for summary judgment on Plaintiff's sole cause of action for premises liability on the grounds that there is no triable issue of fact as to whether Defendant breached any duty because Defendant did not have actual or constructive notice of the alleged dangerous condition. Defendant also argues that Plaintiff did not slip in water as alleged because she rolled her right ankle and fell. II.FACTUAL BACKGR...

Excerpt: ...terrogatories, Set No. 1. The Form Interrogatories were served on February 18, 2020; Plaintiff's responses, which consisted of objections, were served March 23, 2020. Defendant sent a meet and confer letter on April 16, 2020 and filed a motion on May 7, 2020 requesting further responses to virtually all of the form interrogatories. Plaintiff served verified supplemental responses on June 18, 2020. The parties attended an informal discovery confer...

Excerpt: ...Cerritos arising from a May 23, 2017 trip and fall. Plaintiff alleges two causes of action against Defendant for general negligence and premises liability. Defendant demurs to the Complaint on the grounds that the first cause of action for general negligence fails to state a statutory basis for liability against a public entity as required by the California Tort Claims Act. Defendant also moves to strike Plaintiff's counts of negligence and willf...

Excerpt: ...nt Long Ha, Freddie Del Angel Canche-Hernandez, and Alex Canche arising from an October 15, 2018 car accident. On April 30, 2019, Trang Tran, Theresa Tran, Binh Le (collectively, “Cross- Defendants”) and Ha filed a cross-complaint against Canche-Hernandez and Alex Canche. Ha and Cross-Defendants seek leave to notice a second medical examination for Plaintiff by Steven C. Dennis, M.D., an orthopedic surgeon with sub-specialties in spinal surge...

Excerpt: ...ing from a September 27, 2017 motor vehicle accident. Defendant seeks to compel the mental examination of Plaintiff by Dr. Travis G. Fogel, Ph.D. 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 any diagnostic test or procedure that is painful, protracted, or intrusive; and (2) the examination is conducted at a...

Excerpt: ...this action against defendant El Puente Auto Care & Muffler Center, Inc. (“El Puente”) arising from a May 30, 2018 motor vehicle accident. Plaintiff alleges that she was in a passenger in a vehicle driven by Nicole Diaz (“Nicole”). As Nicole was driving down a steep grade, the vehicle's brakes failed and collided with multiple vehicles. Plaintiff alleges the vehicle was owned by Andres and Amalia Diaz (the “Diazes”), who own and opera...

Excerpt: ...intiff Joseph Larnyoh and defendant Azalea Husband were involved in a car accident. Plaintiff subsequently sought treatment from Moshe Wilker (“Dr. Wilker”) five times. Dr. Wilker was deposed on August 27, 2019 and testified that he performed a cyst removal procedure on Plaintiff on January 2, 2017. A post- operative visit took place on January 17, 2017. Plaintiff called Dr. Wilker with complaints of wrist pain and on February 23, 2017, Dr. W...

Excerpt: ... Alma Lopez, as guardian ad litem for minor, Brianna Yanet Sanchez, filed this action against defendants Victor Mainwal, Jr., Mongee Mainwal, and Victor Mainwal. Plaintiff alleges that on May 24, 2017, defendants owned, operated, drove, or negligently entrusted a vehicle (“Vehicle”), which struck and killed Plaintiff's father (“Decedent”), who was riding his bicycle. The parties do not dispute that at the time of the collision, Victor Mai...

Excerpt: ...udget Group, Inc. for negligence and products liability. Plaintiff rented a car from Budget Rent-A-Car and alleges that there was a defective tire which blew. She lost control of the car and it swerved from side to side causing her injuries. Avis Budget Group, Inc. (“Defendant”) moves to strike Plaintiff's request for punitive damages and exemplary damages attachment. Any party, within the time allowed to respond to a pleading may serve and f...

Excerpt: ...(collectively, “Plaintiffs”) filed this action against defendants Sinea Luevano and Lyft, Inc. Luevano moves to strike from the Second Amended Complaint: (1) allegations that she drove recklessly and was intoxicated; (2) references to her insurance coverage; and (3) Plaintiffs' 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...

Excerpt: ...ns' (“Plaintiff”)¿December 30, 2015,¿slip and fall on accumulated ice on a sidewalk while working as a part-time management office leasing agent at the Hidden Falls Apartments in Lancaster,¿California.¿¿ On¿December¿12, 2017, Plaintiff filed her complaint against Segio Bahena dba Bahena Gardening (erroneously sued as “Sergio's Landscaping”) (“Defendant”), Hidden Falls Property Management, Farrow Property, Paul Ottosi, Linda Ott...

Excerpt: ...ence arising from a November 23, 2016 fall. Plaintiff alleges that when she was shopping in one of Defendant's stores, one of Defendant's employees swept too close to her feet, causing her to trip and fall back. (Compl., GN-1, Prem.L-1.) Defendant moves for summary judgment on the grounds that there was no dangerous condition because a maintenance associate with a broom is not a dangerous condition. Defendant also argues it was not negligent beca...

Excerpt: ...ODUCTION On April 20, 2018, plaintiff Catalina Barrientos, a minor, by and through her Guardian ad Litem, Rachel Garcia-Lopez (“Plaintiff”), filed this action against defendant Los Angeles Unified School District (“Defendant”) for negligence and premises liability relating to a February 16, 2017 accident on the playground of Harrison Elementary School. Plaintiff filed a First Amended Complaint (“FAC”) on November 20, 2018. Defendant f...

Excerpt: ...stin Nelson. Plaintiff asserts causes of action for negligence and assault and battery arising from a December 8, 2017 altercation. Defendant Nelson moves to strike Plaintiff's request for punitive damages and its accompanying 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 court may, upon a motion, or ...

Excerpt: ...(“Plaintiff”) filed this action against Defendants Macy's West Stores, Inc., Macy's Inc., Michael Luz, and Does 1 through 25 for a single cause of action for negligence – premises liability. On April 24, 2020, defendant Michael Luz (“Defendant”) filed the instant demurrer. Plaintiff filed an opposition on August 11, 2020 and Defendant filed a reply on August 12, 2020. II. LEGAL STANDARD A demurrer tests the legal sufficiency of the plea...

Excerpt: ...ising from a May 8, 2017 laser hair removal treatment. Defendant moves for summary judgment on the grounds that the action is a professional negligence action and time-barred under California Code of Civil Procedure section 340.5. Defendant asserts the statute of limitations as its Fifth Affirmative Defense. II.FACTUAL BACKGROUND On May 8, 2017, Plaintiff underwent laser hair removal and sustained injuries from the laser treatment. (Defendant's U...

Excerpt: ...attery, assault, intentional infliction of emotional distress, and negligence arising from a September 1, 2019 altercation. Defendant moves to strike Plaintiff's punitive damages allegations and request. Defendant also moves to strike Plaintiff's request for attorneys' fees, which Plaintiff concedes. 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...

Excerpt: ... arising from an April 1, 2018 slip and fall. Plaintiff alleges she slipped and fell on a liquid spill while shopping at Defendant's store. Defendant moves for summary judgment on the grounds that it did not have notice of any dangerous condition. II.FACTUAL BACKGROUND Plaintiff alleges she slipped and fell on a liquid spill while shopping at Defendant's store on April 1, 2018. (Defendant's Undisputed Material Fact (“UMF”) No. 1.) Plaintiff's...

Excerpt: ...Market arising from an October 17, 2016 fall from a ladder. On March 16, 2020, the Court issued a minute order granting Defendant's Motion for Summary judgment filed on December 16, 2019. On April 17, 2020, Plaintiff filed this Motion to Vacate under Code of Civil Procedure section 473(b) claiming excusable neglect of counsel. “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dism...

Excerpt: ...dually and dba SLS Hotel at Beverly Hills arising from a May 16, 2019 slip and fall. Defendant moves to strike punitive damages allegations 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 irrele...

Excerpt: ...ary 10, 2017, plaintiffs Thuy Trang Thi Nguyen (“Nguyen”)mand minors Kaitlin Nguyen and Tyler Nguyen (collectively, “Plaintiffs”) filed this action against defendant Michelle D. Taylor (“Taylor”), City of Los Angeles Transit Services, and Los Angeles County Metropolitan Transportation Authority. On September 27, 2019, MV Transportation, Inc. (“MV”) was named as a Doe defendant. The action arises from a motor vehicle collision that...

Excerpt: ...n arising from a January 3, 2019 trip and fall. While in the parking lot of one of Defendant's warehouses, Plaintiff alleges the toe of her boot caught on a metal bar at the bottom front section of the shopping cart corral. Defendant moves for summary judgment on the grounds that the metal strip is a trivial defect and because it did not have notice of the dangerous condition (i.e., the raised bar.) II.FACTUAL BACKGROUND On January 3, 2019, Plain...

Excerpt: ...t Emad Ammar, D.D.S. for medical malpractice arising from dental treatment provided on July 20, 2018. Defendant demurs to the second cause of action for res ipsa loquitur on the grounds that it fails to state a cause of action and is uncertain. Defendant also moves to strike portions of Plaintiff's complaint. II.LEGAL STANDARDS Demurrer A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defect...

Excerpt: ...y of Los Angeles and City of Santa Monica alleging a dangerous condition of public property. Plaintiff alleges that on December 8, 2017, she was riding her bike on a sidewalk when her front tired caught on a broken, uneven, misleveled and/or depressed portion of the sidewalk, causing her to be thrown from her bicycle. City of Santa Monica (“Defendant”) moves for summary judgment on the grounds that the claimed dangerous condition was a trivia...

Excerpt: ...led this action against defendant Walgreen Co. (“Defendant”) arising from a November 16, 2016 slip and fall on liquid substance. Defendant moves for summary judgment on the grounds that it did not have notice because: (1) its employees conducted regular inspections; and (2) the dangerous condition existed for less than 25 minutes. II.FACTUAL BACKGROUND On November 16, 2016, Plaintiff slipped and fell at one of Defendant's stores. (Defendant's...

Excerpt: ...s action against defendant Ashford TRS Walnut Creek LLC dba Walnut Creek Embassy Suites (erroneously sued as “Embassy Suites”) (“Defendant”) for negligence and premises liability. On May 6, 2019, Plaintiff filed this operative First Amended Complaint (“FAC”). Defendant moves to strike Plaintiff's punitive damages allegations from the FAC. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion...

Excerpt: ...ary 10, 2017, plaintiffs Thuy Trang Thi Nguyen (“Nguyen”)mand minors Kaitlin Nguyen and Tyler Nguyen (collectively, “Plaintiffs”) filed this action against defendant Michelle D. Taylor (“Taylor”), City of Los Angeles Transit Services, and Los Angeles County Metropolitan Transportation Authority. On September 27, 2019, MV Transportation, Inc. (“MV”) was named as a Doe defendant. The action arises from a motor vehicle collision that...

Excerpt: ...ts Elease Gearring (“Defendant”) and James Gearring arising from a September 26, 2017 motor vehicle incident. On October 25, 2019, Plaintiff served responses to Defendant's first set of discovery identifying injuries to her neck, left shoulder, right shoulder, left arm, upper back, right flank, mid back, lower back, pelvic, hip, sacroiliac joint, left buttock, right buttock, left leg, right leg, left calf, and right foot. On February 26, 2020...

Excerpt: ...alpractice relating to a January 11, 2018 dental extraction. Plaintiff alleges Defendant negligently extracted her teeth, causing nerve damage in her mouth. Defendant moves for summary judgment on the grounds that Plaintiff's action is barred by the one-year statute of limitations. II.FACTUAL BACKGROUND On January 11, 2018, Defendant extracted two of Plaintiff's teeth. (Defendant's Undisputed Material Fact (“UMF”) No. 2.) The day after, Plain...

Excerpt: ...�) and Andres Rodriguez (“Mr. Rodriguez”) (collectively, “Plaintiffs”) filed this action against Defendant Jennifer L. Issa (“Defendant”) relating to a July 13, 2016 vehicle accident. On December 6, 2019, Defendant served Set One of Form Interrogatories, Special Interrogatories, and Requests for Admission on Ms. Rodriguez. Defendant also served Set One of Form Interrogatories, Special Interrogatories, Request for Production and Inspec...

Excerpt: ...rising from a February 5, 2019 motor vehicle accident. Plaintiff does not claim past loss of earnings but claims future loss of earnings due to the need to undergo surgery. Defendant propounded two subpoenas on Plaintiff's employers seeking Plaintiff's personnel file (“Subpoenas”). Plaintiff moves the Court for an order quashing the Subpoenas and limiting the production of records to Plaintiff's history of earnings (i.e., salary and payroll r...

Excerpt: ...TION On September 7, 2018, plaintiff Steven Gulserian filed this medical malpractice action against defendant UHS Corona, Inc. dba Corona Regional Medical Center (“Defendant”) relating to treatment his wife (“Decedent”) received on November 1, 2017, resulting in her death. Defendant moves for summary judgment on the grounds that it complied with the applicable standard of care in rendering professional services to Decedent. II.FACTUAL BAC...

Excerpt: ...r vehicle accident. The Complaint alleges Carlos Gutierrez (“Gutierrez”) operated the motor vehicle at the time it struck Plaintiff in his vehicle. On August 14, 2019, Plaintiff named Patrick Gutierrez (“Defendant”) as Doe 1. Defendant moves for summary adjudication of Plaintiff's claim for personal injuries and damages as time-barred. II.FACTUAL BACKGROUND This action arises from a motor vehicle accident that occurred on June 29, 2017. (...

Excerpt: ...ffs Keith and Kathleen Carter (collectively, “Plaintiffs”) filed this action against Vardan Tokmajyan (“Tokmajyan”), USA Tobacco & Vape Shop, Inc. (“USA Tobacco”), and TRIPLEJS Jade Vermont (“Defendant”). Plaintiffs allege their grandson Jai Malik Carter (“Decedent”) was killed by USA Tobacco's employee, Tokmajyan on May 10, 2018. Tokmajyan allegedly locked Decedent in USA Tobacco's shop and fatally stabbed Decedent. Defendant...

Excerpt: ...fornia, the City of Los Angeles, the County of Los Angeles, and the City of Santa Clarita arising from a December 19, 2018 incident in which a Los Angeles Police Department vehicle drove past Plaintiff, causing a foreign object to strike her vehicle. Plaintiff alleges four causes of action: motor vehicle, general negligence, premises liability, and general negligence. The City of Los Angeles (“Defendant”) demurs to the first cause of action f...

Excerpt: ...dants Avis Budget Group, Inc. (erroneously sued as “P.V. Holding Corporation”) (“Defendant”) for motor vehicle, general negligence, and negligence per se relating to an April 5, 2017 automobile accident. Defendant moves for summary judgment on grounds this action against it is barred by the Graves Amendment, there was no negligent entrustment, and no vicarious liability. II.FACTUAL BACKGROUND Plaintiff alleged three causes of action arisi...

Excerpt: ...ion against the Roman Catholic Archbishop of Los Angeles and Bishop Mora Salesian High School. The operative First Amended Complaint was filed on July 30, 2019. Defendants move to establish the sequence and timing of the depositions of Plaintiff's brother, Sean Aguilar (“Aguilar”), and Plaintiff's mother, Fatima Anda (“Anda”). Defendants also seek monetary sanctions against plaintiff and/or his counsel of record. Defendants accuse Plainti...

Excerpt: ...University of California (erroneously sued as “Jules Stein Eye Institute”), Janet Lee, M.D. (“Dr. Lee”) and Joseph Caprioli, M.D. (“Dr. Caprioli”) (collectively, “Defendants”) for medical malpractice arising from treatment rendered November 2, 2017. Plaintiff alleges Defendants allowed a hot visualizing instrument in the form of an indirect ophthalmoscope to come in contact with his cornea, causing a burn which damaged Plaintiff's...

Excerpt: ...intiff alleges negligence and strict liability against Defendant, claiming that the dog that attacked him was owned, controlled, and harbored by Defendant. Defendants moves for summary judgment on the grounds that Defendant did not breach any duty because Defendant did not own the dog that allegedly attacked plaintiff and Defendant was not aware of the dog on the premises until after the accident. Defendant also argues it did not have prior, actu...

Excerpt: ...GOOD FAITH SETTLEMENT Dept. 27 1:30 p.m. July 23, 2020 On July 20, 2018, plaintiff Malena Magallanes filed this action against defendants Bubba Gump Shrimp Co. Restaurants, Inc. (“Bubba Gump Shrimp Co.”), Joseph Briones-Cummings, (“Briones-Cummings”), Robert Hastings, and Zachary Hasting. Plaintiff alleges that on July 23, 2016, she fell while at Bubba Gump Shrimp Co.'s restaurant. Then, on August 19, 2016, Plaintiff was involved in a thr...

Excerpt: ...t defendant Adidas America, Inc. (“Defendant”) for negligence and premises liability arising from an incident where a mannequin fell on her while she was in one of Defendant's stores. On June 27, 2019, Defendant subsequently filed a cross-complaint against VerTex GmbH Vertriebsgesellschaft für Textil-Einrichtungsbedarf (“VerTex”) for indemnity because VerTex is allegedly the manufacturer of the mannequin. VerTex first filed this Motion t...

Excerpt: .... (“Redline”). In Plaintiff's operative Third Amended Complaint, she asserts two causes of action for negligence and negligent hiring against Redline, M&N Financing Corporation (“MNFC”), and Jeremy Page (“Page”). Plaintiff alleges that on November 27, 2017, she received a call from Redline stating that her vehicle was going to be repossessed. When she arrived at her car, she alleges an employee of Redline (who was retained, hired and ...

Excerpt: ...Bosco Technical Institute (erroneously sued as Don Bosco Technical School) for injuries sustained on January 8, 2015 in a cheerleading performance. Defendant noticed Plaintiff's deposition on December 11, 2019 and scheduled it on January 23, 2020. On December 26, 2019, Plaintiff's counsel requested to reschedule it to January 24, 2020 based on his unavailability. On January 21, Plaintiff's counsel objected to the notice of deposition via e-mail b...

Excerpt: ... malpractice action against defendant Alfred Rahban, M.D. (“Defendant”), Beham Kashanchi, M.D., and Cedars Sinai Medical Center relating to treatment received on or around September 23, 2017. Plaintiff alleges Defendant failed to diagnose her with endometrial cancer which necessitated the removal of her uterus in April 2018. Defendant moves for summary judgment, or in the alternative, summary adjudication, on the grounds that Defendant did no...

Excerpt: ...Defendant”) for dangerous condition of public property relating to injuries she sustained when her foot rolled on uneven asphalt when stepping off a curb. Plaintiff alleged in her complaint that Defendant negligently and carelessly owned, managed, operated, controlled, inspected, maintained, cleaned, repaired, guarded, supervised, and/or secured the sidewalk/walkway near her mother's house. (Complaint, ¶¶ 12.) Defendant moves for summary judg...

Excerpt: ... 27 1:30 p.m. Jul y 15, 2020 I.INTRODUCTION On September 4, 2019, plaintiffs Kim Bubbs (“Bubbs”) and Aaron Toledo (“Toledo”), individually, and on behalf of their minor children Sarah and Claire Toledo (collectively the “Minors”), filed this action against PLH Construction (“PLH”) arising from an August 15, 2019 automobile collision. On October 21, Plaintiffs added Brent Michael Morrow (“Morrow”) as Doe 21. On October 22, Plai...

Excerpt: ...”), Walmart Inc., and Silvia Moreno (“Moreno”) for injuries sustained when a milk carton fell on her head. Plaintiff was shopping at Defendant's store when a box of two milk cartons fell from the shelf and struck Plaintiff in the back of the head. Defendant moves for summary judgment, or in the alternative, adjudication, on Plaintiff's claims for negligence and premises liability. II.FACTUAL BACKGROUND Plaintiff alleges that on November 16,...

Excerpt: ...ovember 17, 2017 fall. Plaintiff alleges Defendant “negligently cause [sic] conditions which resulted in [him] falling and suffering injuries and damages.” (Compl., Prem.L-1.) Defendant moves for summary judgment on Plaintiff's sole claim for premises liability on the grounds that there are no triable issues of material fact. II.FACTUAL BACKGROUND Plaintiff was deposed January 14, 2020. (Defendant's Undisputed Material Fact (“UMF”) No. 1....

Excerpt: ...("Defendant") for injuries sustained while riding a bus on May 4, 2018. Plaintiff's original complaint included causes of action for motor vehicle and premises liability. On September 17, 2019, Plaintiff filed a First Amended Complaint ("FAC") listing causes of action for intentional tort, premises liability, negligent operator, and dangerous design. Plaintiff alleges the doors of a bus operated by Defendant injured his shoulder. On November 19, ...

Excerpt: ...arkets (Defendant) and Pepsi-Cola Sales and Distributions for premises liability arising from a December 27, 2018 slip and fall. Defendant filed an answer on January 29, 2020. Plaintiff demurs to the Answer arguing that there are no factual allegations supporting its fifteen affirmative defenses. Answers to the Complaint A verified complaint must be denied positively or according to information and belief. A general denial is effective to controv...

Excerpt: ...gainst defendant Ali Hossein Zadeh, D.D.S. (“Defendant”) and Brighton Periodontal & Implant Dental Group. Defendant moves for summary judgment on the grounds that he complied with the standard of care, there is no causal relationship between the allegedly negligent act and the injuries claimed, and Defendant did not injure Plaintiff. II.FACTUAL BACKGROUND Plaintiff was a patient of Defendant from 2009 to 2017. (Defendant's Undisputed Material...

Excerpt: ...eh (“Mr. E”) and Rochelle Esmailzadeh (“Mrs. E”) (collectively, “Plaintiffs”) filed this action against defendant Eli Broad (“Defendant”) arising from a pedestrian v. motor vehicle accident. Plaintiffs seek a protective order that: (1) finds the number of special interrogatories propounded by Defendant to be excessive; (2) excuses Mr. E from responding to Defendant's Special Interrogatories (Set Two); (3) excuses Mrs. E each plain...

Excerpt: ...ES, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) CASE NO: BC647398 [TENTATIVE] ORDER RE: PETITION FOR LEAVE TO FILE LATE GOVERNMENT CLAIM Dept. 27 8:30 a.m. July 6, 2020 Introduction and Factual Background Plaintiff Nakia Rousie alleges that on April 3, 2019, he was being transported by Austin Jordan (“Jordan”) in a vehicle owned and operated by the County of Los Angeles (“County”) (collectively, “Defendants”). While being transported, J...

Excerpt: ...al., Defendants. ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 20STCV04407 [TENTATIVE] ORDER RE: DEFENDANTS' DEMURRER TO FIRST AMENDED COMPLAINT; MOTION TO STRIKE Dept. 27 1:30 p.m. July 6, 2020 I.INTRODUCTION On February 3, 2020, plaintiff Marquis Robinson filed this action against defendants BMFit, Inc. dba Zoo Culture ( “Zoo Culture”) and Bradley Martin (“Martin”) (collectively, “Defendants”). On February 7, 2020, Plaintiff filed the operative F...

Excerpt: ...NGELES, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: BC647085 [TENTATIVE] ORDER RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Dept. 27 1:30 p.m. July 2, 2020 I.INTRODUCTION On January 18, 2017, plaintiff Hesmig Sinanian Lopez filed this action against the City of Los Angeles arising from a April 25, 2016 trip and fall on raised concrete in front of 9213 Pico Boulevard, Los Angeles California. On April 11, 2019, Plaintiff named Wender Fam...

Excerpt: ...D., et al., Defendant(s). ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 19STCV13074 [TENTATIVE] ORDER RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Dept. 27 1:30 p.m. July 1, 2020 I.INTRODUCTION On April 16, 2019, plaintiff Brian Braun (“Plaintiff”) filed this medical malpractice action against defendants Gary Flannery, M.D. (“Defendant”) and St. Francis Medical Center (“St. Francis”) arising from a December 10, 2017 leg surgery. Defendant moves ...

Excerpt: ...al., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 19STCV02085 [TENTATIVE] ORDER RE: DEEFENDANT'S MOTION FOR SUMMARY JUDGMENT Dept. 27 1:30 p.m. June 30, 2020 On January 22, 2019, plaintiff Douglas Cruz (“Plaintiff”) filed this action against defendant Nathan Barajas (“Defendant”) for negligence arising from a February 2, 2017 automobile versus bicycle accident. Defendant moves for summary judgment on the grounds that there are no triabl...

Excerpt: ...NC. dba WHEELS TECHNOLOGIES, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 19STCV33326 [TENTATIVE] ORDER RE: MOTION TO STRIKE Dept. 27 1:30 p.m. June 29, 2020 On 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 b...

Excerpt: ...nts Juan Jose Bojorge, Jarquin Trucking, and Marvin Jarquin dba Jarquin Trucking (collectively, “Defendants”) arising from a November 4, 2015 motor vehicle accident. On December 4, 2019, Defendants served Form Interrogatories (Set One), Special Interrogatories (Set One), Requests for Production of Documents (Set One), and Request for Statement of Damages on Plaintiff. No responses were received. On July 19, Defendants sent Plaintiff a letter ...

Excerpt: ... et al., Defendant. ) ) ) ) ) ) ) ) ) ) ) CASE NO.: BC6939797 [TENTATIVE] ORDER RE: MOTION TO COMPEL PHYSICAL EXAMINATION; TO REOPEN DISCOVERY; REQUEST FOR SANCTIONS Dept. 27 8:30 a.m. June 29, 2020 On February 14, 2018, plaintiff Nadine Cipollone filed this action against defendant Vanush Sirekhanian relating to a February 24, 2016 car accident. Defendant moves to reopen discovery for the limited purpose of proceeding with Plaintiff's independen...

Excerpt: ..., et al., Defendant(s). ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 19STCV00937 [TENTATIVE] ORDER RE: DEFENDANT BHARAT PATEL, M.D.'S MOTION FOR SUMMARY JUDGMENT/ADJUDICATION Dept. 27 1:30 p.m. June 26, 2020 I.INTRODUCTION On January 8, 2019, plaintiff Salvador Montano (“Plaintiff”) filed this medical malpractice action against defendant Bharat Patel (“Defendant”) arising from a July 25, 2016 medical procedure. Plaintiff alleges five causes of act...

Excerpt: ...ively, “Plaintiffs”) filed this action against defendant City of Los Angeles (“Defendant”), among others, arising from an October 13, 2018 pedestrian vs. automobile collision that resulted in the death of Yara Lavrentev (“Decedent”). Plaintiffs allege six causes of action in the complaint but assert four against Defendant: 1) Government Tort Liability, (2) Negligence – Wrongful Death, (3) Negligence – Premise Liability, and 4) Sur...

Excerpt: ...RATION, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: BC717875 [TENTATIVE] ORDER RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Dept. 27 1:30 p.m. June 24, 2020 I.INTRODUCTION On August 10, 2018, plaintiff Mae L. Howard (“Plaintiff”) filed this action for negligence and premises liability against defendant Costco Wholesale Corporation (“Defendant”) for injuries relating to an August 16, 2016 slip and fall at a Costco store. On January 17, 2...

Excerpt: ...., Defendants. ) ) ) ) ) ) ) ) ) ) ) CASE NO.: BC712007 [TENTATIVE] ORDER RE: MOTION FOR SUMMARY JUDGMENT Dept. 27 1:30 p.m. April 20, 2020 I.INTRODUCTION On June 25, 2018, Plaintiff David Pierini (“Plaintiff”) filed a complaint against Defendant Jonathon Griego (“Defendant”), asserting a cause of action for general negligence arising from a June 23, 2016 boating incident. Defendant moves for summary judgment against Plaintiff in this act...

Excerpt: ...NS COMPANIES, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 20STCV02537 [TENTATIVE] ORDER RE: DEFENDANTS' DEMURRER TO PLAINTIFFS' COMPLAINT Dept. 27 1:30 p.m. June 24, 2020 I.INTRODUCTION On January 21, 2020, plaintiffs Beatrix Archinal (“Archinal”), Robert Treuherz (“Robert”), and Claudia Treuherz (“Claudia”) (collectively, “Plaintiffs”) filed this action against defendants The Vons Companies, Inc. and Safeway, Inc. (collec...