Excerpt: ...when Defendants Richard Mountjoy (“Richard”[1]), Earline Mountjoy (“Earline”), Gary L. Schaeffler (“Gary”), and Judy L. Schaeffler (“Judy” or, with Gary, “the Schaefflers”)[2] allowed one of their pigs to escape off their property and run into the road. Decedent allegedly struck the pig, sustaining injuries, and was then struck by Defendant Oscar Anibal Amaya's (“Amaya”) vehicle. Decedent passed due to the injuries sustain...

Excerpt: ...hat Defendant Mendi Co II, LLC (“Defendant”) proximately caused the damages by negligently, wantonly, recklessly, tortiously, and unlawfully entrusting, permitting, managing, building, constructing, maintaining, servicing, repairing, inspecting and operating said property by allowing a known dangerous condition to exist and that Defendant had actual and/or constructive knowledge of the dangerous condition. On August 25, 2020, Plaintiff filed ...

Excerpt: ...mployee Defendant Jose Guillermo Corzo Dubon (“Dubon” and collectively, “Defendants”). After the collision, Decedent died on August 11, 2018. On February 20, 2019, Plaintiff filed her Complaint. On September 01, 2020, this case was consolidated with 19AVCV00588 MELVIN STOVALL, III vs USA WASTE OF CALIFORNIA, INC., et al. The operative pleading is the Second Amended Complaint (“SAC”), filed April 29, 2021, which alleges two causes of a...

Excerpt: ...reet East at high speed, sustaining severe injuries. On June 16, 2022, Plaintiff filed her Complaint alleging one cause of action for Dangerous Condition of Public Property in Violation of Cal. Code Civ. Proc. § 835, et seq. On August 26, 2022, Defendant State of California Department of Transportation (“CalTrans”) filed its Answer. On August 29, 2022, Defendant County of Los Angeles (“LAC”) filed its Answer. On September 07, 2022, Defen...

Excerpt: ...laintiff. On January 08, 2021, Plaintiff filed her Complaint alleging one (1) cause of action for Motor Vehicle. On November 30, 2021, LAC filed its Answer. On August 09, 2022, LAC filed this Motion for Order Compelling Attendance of Plaintiff for Deposition. No Opposition has been filed. “All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days. . .before the hearing.” (Ca...

Excerpt: ...genic bladder prior to working at AVLA and (2) despite the diagnosis, Palacios continuously added new students and transferred the more challenging students to Plaintiff's already full roster, compared to his younger colleagues who did not suffer from medical conditions. Additionally, Plaintiff presents that there was an allegation against him from a student in which she stated that Plaintiff kissed her. Resulting from this allegation, (1) Palaci...

Excerpt: ...hired, trained, and/or supervised James and Does 1 through 6 in such a fashion as to cause and/or contribute to the occurrence of the collision. On April 23, 2018, Plaintiff filed a complaint against Defendants for personal injuries. On November 30, 2020, Plaintiff filed an amendment to complaint naming Aarush Ramesh Parekh, M.D. as Doe 13. On June 12, 2018, Defendants filed their answer. On March 02, 2022, a Final Status Conference (“FSC”) w...

Excerpt: ...aintained without interruption until around May 07, 2021 when they were closed without any warning, notification, cause, or reason. Plaintiff further alleges that the funds for the Reo Assets and Investment Servicing Co., LLC accounts ($3,000.00) were returned in the form of a check without a reason, but that the money from the other three accounts (approximately $153,000.00 were not returned). Plaintiff contends that he made numerous attempts to...

Excerpt: ...ndant's property, and that the salt water discharge damaged Plaintiff's vegetation and topsoil. The operative pleading is Third Amended Complaint (“TAC”), filed December 07, 2021. The TAC alleges five causes of action for: (1) Trespass (four counts); (2) Nuisance (four counts); (3) Assault; (4) Intentional Infliction of Emotional Distress (“IIED”); (5) Negligence (three counts). On December 08, 2021, Defendant filed his Answer. On June 14...

Excerpt: ...ual also known as Keny Terracciano (“Terracciano”), as the listing agent. The alleged positions of each party are:  Defendant John Hemme (“Hemme”) is the seller,  Terracciano and Defendant RE/MAX All-Pro (“RE/MAX”) are agents for the seller,  Defendant Kannella, Inc. does businesses RE/MAX. [2] The issue alleged is that it was represented that the mother-in-law (“MIL”) quarters was permitted and built to code and the sept...

Excerpt: ...e and a half hours after the initial emergency call for assistance, an employee from Defendant BFA Adjusters, (dba) (“BFA”), named Josh appeared at the site of the fire and inquired as to (1) who the home owner was, and (2) whether the home owner had fire or disaster insurance. Plaintiff presents that he informed Josh that he was the home owner and he had fire insurance coverage and Josh responded by (1) obtaining paperwork for Plaintiff to s...

Excerpt: ...ction for: (1) Negligence and (2) Premises Liability. On April 24, 2020, Defendant filed its Answer. On August 22, 2022, Plaintiff filed this Motion to Compel Deposition of Defendant Winco Foods, LLC's Person(s) most Knowledgeable and Request for Production of Documents at Deposition. On September 21, 2022, Defendant filed its Opposition. No Reply has been filed. “. . .[A]ll reply papers [shall be filed with the court and a copy served on each ...

Excerpt: ...essly, tortuously and unlawfully entrusting, permitting, managing, maintaining, servicing, repairing, inspecting, operating, and driving said vehicle(s). On March 26, 2021, Plaintiff filed her Complaint alleging one cause of action for Personal Injury (by way of Negligence). On June 09, 2021, Defendant filed her Answer. On August 15, 2022, Defendant filed her Motion to Compel Custodian of Records, Allstar Imaging to Comply with Deposition Subpoen...

Excerpt: ...cles so as to proximately cause injuries and damages to Plaintiff. On May 27, 2021, Plaintiff filed his Complaint, alleging one cause of action for Personal Injury – Motor Vehicle. On January 19, 2021, 3 Filly's Trucking filed its Answer. On August 13, 2021, Gerhart and Rodriguez (collectively “Defendants”) filed their Answer. On April 11, 2022, 3 Filly's Trucking was dismissed. On September 02, 2022, Gerhart filed this Motion to Compel Pla...

Excerpt: ...aterial on the floor which caused her to fall, sustaining serious and enduring physical pain and injuries. On September 25, 2022, Plaintiff filed her Complaint alleging three (3) causes of action for: (1) Negligence; (2) Premises Liability; and (3) Negligent Hiring, Training, and Supervision. On May 14, 2021, PetSmart filed its Answer. Gonzalez and Greg have not been served. On August 30, 2022, PetSmart filed this Motion to Bifurcate. On Septembe...

Excerpt: ...o use, causing a Plaintiff, not specified, to fall and sustain physical injuries. On January 04, 2018, Plaintiffs filed their Complaint alleging three causes of action: (1) General Negligence, (2) Premises Liability, and (3) Loss of Consortium. On April 05, 2018, Defendant CEC Entertainment, Inc. dba Chuck E Cheese (“CEC”) filed its Answer. On April 27, 2018, CEC filed its Cross-Complaint against several cross-defendants, including Cross- Def...

Excerpt: ...old's life insurance proceeds that Plaintiff was to receive upon his death for Plaintiff so she could be financially secure until her death and (2) Derek was to pay Bill Proster $42,000.00 for the real property located at 11043 Ambrosio, Desert Hot Springs, California 92240 (“Ambrosio Property”), transfer title to Plaintiff, and Plaintiff would receive $1,266.00 monthly payments from Jose and Maria Trejo who the home was financed to with an o...

Excerpt: ... alleges that he was sitting near the front of the bus entrance along with a young female passenger, Defendant Rayvyn Britt (“Rayvyn”), when an elderly female passenger boarded the bus. Plaintiff states that he asked Rayvyn to accommodate the new elderly female passenger, Rayvyn verbally and aggressively refused then proceeded to call an unknown individual to complain about the event. Plaintiff alleges that, shortly thereafter, an unknown ind...

Excerpt: ...n High School District ("AVUHSD”) was, and is, a public entity that oversees multiple schools, including Lancaster High School. On March 6, 2019, Cheyenne Jones, Alysa Jones, and Theresa Hampton (collectively “Plaintiffs”) filed their Complaint.¿ The operative pleading is the Third Amended Complaint (“TAC”) filed on December 16, 2019 and containing¿causes of action for Statutory Negligence and Negligent Supervision.¿ On October 18, 2...

Excerpt: ... but not limited to, physical disabilities. Plaintiffs allege that Decedent was admitted as an inpatient to a Defendant Premiere Rehabilitation & Wellness Center dba The Ellison John Transitional Center (“Premiere”)'s 24-hour health facility on or about October 16, 2020 due to minor chest pain and abnormal labs. Plaintiffs concede that Decedent had other health issues, such as a minor stroke, kidney disease, diabetes, and that such issues req...

Excerpt: ...e “Premises”) when he stepped onto a laminated bingo card/pull tab, causing him to fall to the ground. Plaintiff father alleges that the fall caused severe injuries, including a fractured elbow. On February 05, 2020, Plaintiff filed his Complaint, alleging one cause of action for Premises Liability. On July 29, 2020, Plaintiff amended the fictitious name of Doe 1 to Antelope Valley Fair Association (“AVFA”). On August 04, 2020, AVFA filed...

Excerpt: ...employee Defendant Jose Guillermo Corzo Dubon (“Dubon” and collectively, “Defendants”). After the collision, Decedent died on August 11, 2018. On February 20, 2019, Plaintiff filed her Complaint. On September 01, 2020, this case was consolidated with 19AVCV00588 MELVIN STOVALL, III vs USA WASTE OF CALIFORNIA, INC., et al. The operative pleading is the Second Amended Complaint (“SAC”), filed April 29, 2021, which alleges two causes of ...

Excerpt: ...ntained without interruption until around May 07, 2021 when they were closed without any warning, notification, cause, or reason. Plaintiff further alleges that the funds for the Reo Assets and Investment Servicing Co., LLC accounts ($3,000.00) were returned in the form of a check without a reason, but that the money from the other three accounts (approximately $153,000.00 were not returned). Plaintiff contends that he made numerous attempts to h...

Excerpt: ...l Erroneously Sued as Central Orange County Emergency Animal Hospital, Inc. (“COC”). Dr. Kim and COC shall be collectively addressed as COC Defendants. (2) Plaintiffs took their dog, Ozzy, to MAH because he was in need of surgery. MAH informed Plaintiffs that: (1) initially Ozzy was not ready for surgery; (2) later, Ozzy was ready for immediate surgery; (3) offered a deal, which was agreed upon, where if Combs paid $4,000 up front, it would b...

Excerpt: ..., 2017, Bashier's condition worsened and Bell took her to be treated at Kaiser Permanente where she was diagnosed with being bitten by bed bugs at Red Roof Inn. Plaintiffs contend that they never observed bedbugs in their residence or experienced bites from bedbugs in their residence prior or subsequent to the stay at Red Roof Inn. Additionally, Plaintiffs allege that they threw out all clothing and luggage that was exposed to the bedbugs at Red ...

Excerpt: ..., 2017, Bashier's condition worsened and Bell took her to be treated at Kaiser Permanente where she was diagnosed with being bitten by bed bugs at Red Roof Inn. Plaintiffs contend that they never observed bedbugs in their residence or experienced bites from bedbugs in their residence prior or subsequent to the stay at Red Roof Inn. Additionally, Plaintiffs allege that they threw out all clothing and luggage that was exposed to the bedbugs at Red ...

Excerpt: ...d check and professional reference check on Bowe to ensure that he could be alone with school aged children and (2) allowed, acquiesced, and permitted Bowe to openly groom and subsequently remove Plaintiff from the school campus in order to engage in sexual contact with Plaintiff. On April 15, 2021, Plaintiff filed her Complaint alleging 11 causes of action for: (1) Negligence, (2) Negligent Supervision, (3) Negligent Hiring and/or Retention; (4)...

Excerpt: ...ired, trained, and/or supervised James and Does 1 through 6 in such a fashion as to cause and/or contribute to the occurrence of the collision. On April 23, 2018, Plaintiff filed a complaint against Defendants for personal injuries. On November 30, 2020, Plaintiff filed an amendment to complaint naming Aarush Ramesh Parekh, M.D. as Doe 13. On June 12, 2018, Defendants filed their answer. On March 02, 2022, a Final Status Conference (“FSC”) wa...

Excerpt: ... or near the city of Palmdale, in the County of Los Angeles, state of California when Defendants Mediterranean Shipping Company (USA) Inc. (“MSC”), Ean Holdings, Inc. (“Ean”), and Wilbert L. Bailey, Jr. (“Bailey, Jr.”) negligently entrusted, managed, maintained, drove, and operated their motor vehicle, Vehicle 1, so as to directly and proximately cause a collision with Vehicle 2. Plaintiffs further allege injuries and damages. On Octo...

Excerpt: ...nd surgery would ultimately be needed in the near future, and (2) surgery. Plaintiff further alleges that she did not have the money for surgery, but was told that MAH could use their donation box to help cover the balance. Plaintiff presents that she returned to MAH on the same day and presented $3,000.00 and a $500.00 voucher for the surgery and was told that (1) the surgery would be discounted by $300.00, (2) $500.00 would still need to be pai...

Excerpt: ...ardian ad litem, Ana Ruth Abarca, filed a complaint against Defendants Nicolas Omar Patino, Union Pacific Railroad Company, Granite Construction Company, City of Lancaster, and County of Los Angeles. The operative pleading is the First Amended Complaint (“FAC”) alleging three causes of action for: (1) Motor Vehicle, (2) Premises Liability, and (3) General Negligence. On April 25, 2022 and April 28, 2022, Petitioner Ana Ruth Abarca (“Petitio...

Excerpt: ...f further alleges that Defendant's employees placed their foot on Sarah's back hard enough to cause severe bruising and a full-size adult footprint on Sarah's back and pulled Sarah by her bus harness several times causing severe bruising across Sarah's back, and pain and injury to Sarah. Because of these occurrences, Plaintiff contends that Sarah was pulled out of school for her own safety, failed to have an appropriate education for 11 months, a...

Excerpt: ...truck Petitioner's vehicle on the driver side door. This incident shall hereinafter be referred to as “the Collision.” Petitioner further alleges that the Collision caused her injuries. On June 03, 2022, Petitioner filed her Verified Petition. However, the notice of hearing was missing the date and time of the hearing. On June 09, 2022, a new notice was filed regarding the motion on the Petition for Order Permitting pre- commencement discover...

Excerpt: ...California. Plaintiff further alleges that, at the time of the incident, Topa Insurance Company (“Topa”) and Anchor Claims Services, Inc. (“Anchor”), as authorized representative of Topa, provided liability coverage for the vehicle driven by Defendant and on December 31, 2020 Plaintiff conveyed an offer to Topa to settle Plaintiff's claims against Defendant which included a policy limit demand that states: “No term is more important tha...

Excerpt: ... so as to proximately cause injuries and damages to Plaintiff. On May 27, 2021, Plaintiff filed his Complaint, alleging one cause of action for Personal Injury – Motor Vehicle. On January 19, 2021, 3 Filly's Trucking filed its Answer. On August 13, 2021, Gerhart and Rodriguez filed their Answer. On April 11, 2022, 3 Filly's Trucking was dismissed. On July 20, 2022, Gerhart filed two motions: (1) Motion to Compel Answers to Defendant Richard Ger...

Excerpt: ...r, CA 93535 (“Property No. 2” and, collectively, the “Properties”); and (3) a property management agreement for 2707 E. Avenue I, Lancaster, CA 93535 (“Property No. 3”). The residential agreement was set at the rate of $300.00 per month. Plaintiff presents: 1. He had accepted the rental agreement and, beginning April 2013, had occupied the apartment on the second floor of Property No. 1, and paid a total of $11,400.00 ($300.00/month) ...

Excerpt: ...ained without interruption until around May 07, 2021 when they were closed without any warning, notification, cause, or reason. Plaintiff further alleges that the funds for the Reo Assets and Investment Servicing Co., LLC accounts ($3,000.00) were returned in the form of a check without a reason, but that the money from the other three accounts (approximately $153,000.00 were not returned). Plaintiff contends that he made numerous attempts to hav...

Excerpt: ...nsured IBEW LOCAL #18 LA-DWP Joint Safety Institute (“Respondent”), filed its Response. On July 15, 2022, Respondent filed this Motion to Compel to Compel Petitioner to Complete His Physical Medical Examination and Verbally Confirm Surgery(ies) to Areas of Complaint (“Motion to Compel”). On July 29, 2022, Petitioner filed his Conditional Non-Opposition. On August 05, 2022, Respondent filed its Reply to the Conditional Non-Opposition. ----...

Excerpt: ...rt, LLC (“HJS” and collectively “Defendants”) is the owner of the freight tractor and the employer of Decoud. On December 29, 2020, Plaintiff filed its Complaint against Defendants, alleging four causes of action for: (1) Negligence, (2) Motor Vehicle Negligence, (3) Negligence Per Se under CVC §22350, and (4) Negligent Entrustment. On March 29, 2022, Decoud filed his Answer. On June 17, 2022, Plaintiff filed this Motion for Order Permit...

Excerpt: ... that on or about September 14, 2021, Decedent was transferred to Defendant Premiere Rehabilitation & Wellness Center of Lancaster, LP dba The Ellison John Transitional Care Center (“Premiere”)'s facility located at 43830 10th Street West, Lancaster, CA 93534 because he was not ready for the needed heart surgery. Plaintiff alleges that at Antelope Valley Hospital and Premiere Decedent suffered pressure sores, was made to sit and sleep in his ...

Excerpt: ...�Premises”) when he stepped onto a laminated bingo card/pull tab, causing him to fall to the ground. Plaintiff father alleges that the fall caused severe injuries, including a fractured elbow. On February 05, 2020, Plaintiff filed his Complaint, alleging one cause of action for Premises Liability. On July 29, 2020, Plaintiff amended the fictitious name of Doe 1 to Antelope Valley Fair Association (“AVFA”). On August 04, 2020, AVFA filed its...

Excerpt: ...gh School District ("AVUHSD”) was, and is, a public entity that oversees multiple schools, including Lancaster High School. On March 6, 2019, Cheyenne Jones, Alysa Jones, and Theresa Hampton (collectively “Plaintiffs”) filed their Complaint.¿ The operative pleading is the Third Amended Complaint (“TAC”) filed on December 16, 2019 and containing¿causes of action for Statutory Negligence and Negligent Supervision.¿ On February 5, 2020,...

Excerpt: ...lleging one cause of action for Premises Liability. On January 05, 2022, Defendant filed its Answer. On July 05, 2022, Plaintiff filed her Motion to Compel Defendant's Further Responses to Request for Production of Documents, Set One (“Motion to Compel”). On July 15, 2022, Defendant filed its Opposition. No Reply has been filed. "All. . .all reply papers [shall be filed with the court and a copy served on each party] at least five court days ...

Excerpt: ...leges injuries to her neck, back, pelvis, is, left hip, left upper and lower extremities including, but not limited to, her left hand, wrist, forearm, fingers, elbow, leg, and foot, and buttocks. On October 25, 2021, Plaintiff filed her Complaint alleging two causes of action for (1) Premises Liability Negligence and (2) General Negligence. On November 15, 2021, Defendant filed its Answer. On May 12, 2022 and June 16, 2022, two informal discovery...

Excerpt: ...stallation of the avionics devices into the aircraft was almost completed and that Plaintiff could come to the facility on February 26, 2021 to pay for the avionics work and take pack possession of the Plane. Plaintiff further alleges that prior to pick up on the morning of February 26, 2021, a fire started in the workshop which spread to the adjoining hanger in which Plaintiff's Plane had been stored leading to the Plane being (1) damaged and (2...

Excerpt: ...an (“Defendant”) was heading northbound on Sierra Highway at an unreasonably high speed and collided with Decedent. Plaintiff alleges damages as a result of this incident in the form of special damages such as wage loss, funeral expenses, burial expenses, medical expenses, general damages and general damages. On July 20, 2021, Plaintiff filed his Complaint alleging causes of action for Motor Vehicle and General Negligence. On November 23, 202...

Excerpt: ...llege further that on or about the first week of November 2018, they discovered bed bugs in the sheets of their beds, confirming that the bite marks from October had been a result of being bitten by bed bugs. Plaintiffs contend that on or about February 20, 2019, Plaintiff Cherise Frazier notified Town Square Apartment of the bed bug situation, the landlord came to inspect the apartment and found bed bug eggs, and the landlord refused to help tre...

Excerpt: ...ractured right arm. On May 03, 2019, Plaintiff filed her Complaint alleging two causes of action for Negligent Supervision and Dangerous Condition of Public Property. On July 02, 2019, Defendant filed its Answer. On June 22, 2020, Defendant filed this instant Motion for Summary Judgment, or in the alternative, Summary Adjudication (“the Motion”). The Motion was rescheduled seven times and continued by stipulation one time, moving it to Januar...

Excerpt: ...llege further that on or about the first week of November 2018, they discovered bed bugs in the sheets of their beds, confirming that the bite marks from October had been a result of being bitten by bed bugs. Plaintiffs contend that on or about February 20, 2019, Plaintiff Cherise Frazier notified Town Square Apartment of the bed bug situation, the landlord came to inspect the apartment and found bed bug eggs, and the landlord refused to help tre...

Excerpt: ...an from National City Bank in the amount of $33,600.00 (“Second Loan”). The Second Loan was subsequently transferred until it reached Trinity Financial Services pursuant to a Corporate Assignment of Deed of Trust dated February 5, 2014. Plaintiff and Taft allege that they were not made aware of any of the transfers and that they only had communication from National City Bank in 2010. Plaintiff is informed that a Notice of Default (“NOD”) ...

Excerpt: ...properties located at (1) 9310 Xavier Avenue, California City, CA 93505; (2) 7400 Heather Avenue, California City, CA 93505; (3) 16124 H Street, Mojave, CA 93501; (4) 43627 Pecos Court, Lancaster, CA 93535. Plaintiffs further allege that (1) they informed Defendants that had a problem with their lender and may lose the four properties if they are not timely sold and were told that if Defendants were hired, Meter would “guarantee” that the pro...

Excerpt: ...ly, “Defendants”).¿¿Malik also alleges that his parents, LA Sangster (“LA”) and Bridget Sangster (“Bridget”) were handcuffed while Sergeant Goedecke and other deputies searched their home. Malik contends that LA and Bridget were not allowed to look at the warrant until after the search and that the warrant did not describe the property to be seized. The operative pleading is the Third Amended Complaint (“TAC”) which alleges two ...

Excerpt: ...on a slippery substance. Plaintiffs further allege that the fall resulted in severe injuries to Felipe. On June 25, 2019, Plaintiffs filed their Complaint against Defendants Federal Building Services (“FBS”); Forest City Realty Trust, Inc. (“Forest City Realty”); Forest City Enterprises, Inc. “Forest City Enterprises”); and Queensland Investment Corporation (“Queensland” or, collectively, “Defendants”). Felipe alleges two caus...

Excerpt: ...Joel Herriott Thayer, M.D. (“Dr. Thayer”); Eric Carney Denley, M.D. (“Dr. Denley”); and Carlos A. Guerrero, FNP (“Mr. Guerrero” and collectively, “Defendants”) negligently and recklessly failed to diagnose their mother, Sylvia Handley (“Decedent”)'s, lung cancer. Specifically, on March 31, 2017 Decedent presented to Quartz Hill with a cough and shortness of breath. (Complaint, ¶8.) The attending doctor ordered a chest x-ray, ...

Excerpt: ... and Defendant, along with Defendant Manager Karen (“Manager”), owed a duty of care to all reasonably foreseeable customers. Plaintiff alleges damages in the form of economic damages, pain and suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, and emotional distress. On September 10, 2021, Plaintiff filed her Complaint alleging two causes of action for General Negligence and P...

Excerpt: ...ses. Plaintiffs allege damages in the form of medical expenses, general damages, and future damages. On September 29, 2020, Plaintiff filed Complaint alleging two causes of action for General Negligence and Intentional Tort. Plaintiffs claim for Intentional Tort is composed of two claims – (1) Intentional Infliction of Emotional Distress (“IIED”) as to Minor Plaintiff and (2) Negligent Infliction of Emotional Distress (“NIED”) as to Pla...

Excerpt: ...2014) 231 Cal.App.4th 763, 784.) Plaintiff David Greenstein's Motion in Limine No. 1: TO EXCLUDE THE TESTIMONY OF VICTOR A. CANDIOTY, M.D. This motion is GRANTED in part and DENIED in part. An expert may inform the jury in general terms that they relied on hearsay in forming an opinion. (People v. Sanchez (2016) 63 Cal. 4th 665, 685.) Any expert put on by either party may introduce the basis of their opinion in general terms, not specifics such a...

Excerpt: ...iance with the American with Disabilities Act (“ADA”) and the Unruh Civil Rights Act (“UCRA”). Plaintiff contends that the Property was not in compliance with the ADA and UCRA as it had barriers for patrons with disabilities, including but not limited to, a built-up curb ramp that projects from the sidewalk and into the access aisle, a curb ramp that is in excess of the maximum grade allowed by ADA Accessibility Guidelines (“ADAAG”), ...

Excerpt: ...nt”), with her mother, Clarke, for medical treatment and, when waiting to be discharged, PATIENT ran out from his hospital room and attacked Jones by slamming her on the ground, ripping out her hair, and chocking her. Clarke allegedly witnessed the attack and screamed for help. As a result of this incident, Jones alleges physical injuries and emotional distress and Clarke alleges emotional distress from witnessing the injury to her daughter. On...

Excerpt: ...the vehicle in front of her, causing that vehicle to hit Plaintiffs' vehicle. Plaintiffs further allege that Defendant was negligent while operating her vehicle; that is, because Defendant was driving at a high rate of speed, she was n0t able to break in time and Plaintiffs each suffered injuries that they sought medical treatment for on the day of the incident as well as subsequent on-going treatment. On June 04, 2021, Plaintiffs filed their Com...

Excerpt: ...LTD. (“Q.H. Mobile Home”); American Property Acquisitions, Inc. (“American Property Acquisitions”); Michael A. Jaghasbanian (“Jaghasbanian”); and Empire Property Services (collectively “Defendants”). Plaintiff further alleges that she was attempting to exit the Premises when the defective railing and other structures broke apart, causing Plaintiff to tumble forward and strike various parts of her body on the earth below. On June 0...

Excerpt: ...c bladder prior to working at AVLA and (2) despite the diagnosis, Palacios continuously added new students and transferred the more challenging students to Plaintiff's already full roster, compared to his younger colleagues who did not suffer from medical conditions. Additionally, Plaintiff presents that there was an allegation against him from a student in which she stated that Plaintiff kissed her. Resulting from this allegation, (1) Palacios s...

Excerpt: ...sing and operating the aforementioned vehicle. On March 21, 2022, Becky L. Reed was dismissed. On April 20, 2022, Defendant filed her Memorandum of Costs. On May 05, 2022, Plaintiff filed this instant Motion to Tax Costs. On May 31, 2022, Defendant filed her Opposition. On June 27, 2022, Plaintiff filed her Reply. ----- Analysis Standard for Striking or Taxing Costs – In general, the “prevailing party” is entitled as a matter of right to re...

Excerpt: ...efendants were using and operating the aforementioned vehicle. On March 21, 2022, Becky L. Reed was dismissed. From March 23, 2022 to April 04, 2022, a jury trial was held on the action. The jury returned a verdict in favor of Defendant, holding that Defendant's negligence was not a substantial factor in causing Plaintiff's harm. On May 05, 2022, Plaintiff filed her Notice of Intent to Move for a New Trial. A hearing on the matter was held on Jun...

Excerpt: ...the Property”). Ownership was obtained via a foreclosure sale held pursuant to the power under the Deed of Trust executed by Defendants Brendem Plong and Mareine Plong (“Defendant” and collectively “Defendants”) or their predecessors. Defendants are the former trustor or holdover occupant of the former trustor. On January 14, 2022, Plaintiff filed its Complaint alleging one cause of action for unlawful detainer following foreclosure sal...

Excerpt: ...s. Code § 11580.2(f). Petitioner presents that it cannot ascertain its rights, duties and obligations without assistance from the court's jurisdiction. This petition was filed on April 19, 2022. On April 26, 2022, a notice of related case was filed for Case No. 22AVCP00089 SAMSON PERDIDO and SAMANTHA-ANN PERDIDO, A MINOR BY AND THROUGH HER GUARDIAN AD LITEM SAMSON PERDIDO, vs AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA. The cases were deemed related ...

Excerpt: ...llege further that on or about the first week of November 2018, they discovered bed bugs in the sheets of their beds, confirming that the bite marks from October had been a result of being bitten by bed bugs. Plaintiffs contend that on or about February 20, 2019, Plaintiff Cherise Frazier notified Town Square Apartment of the bed bug situation, the landlord came to inspect the apartment and found bed bug eggs, and the landlord refused to help tre...

Excerpt: ...eck and professional reference check on Bowe to ensure that he could be alone with school aged children and (2) allowed, acquiesced, and permitted Bowe to openly groom and subsequently remove Plaintiff from the school campus in order to engage in sexual contact with Plaintiff. On April 15, 2021, Plaintiff filed her Complaint alleging 11 causes of action for: (1) Negligence, (2) Negligent Supervision, (3) Negligent Hiring and/or Retention; (4) Neg...

Excerpt: ...that the fall resulted in severe injuries to Felipe. On June 25, 2019, Plaintiffs filed their Complaint against Defendants Federal Building Services (“FBS”); Forest City Realty Trust, Inc. (“Forest City Realty”); Forest City Enterprises, Inc. “Forest City Enterprises”); and Queensland Investment Corporation (“Queensland” or, collectively, “Defendants”). Felipe alleges two causes of action for General Negligence and Premises Li...

Excerpt: ...on and (2) in response, Plaintiff sent a notice back to the City to request a review. Plaintiff alleges that the City denied his requested review by mail and by telephone with the explanation of it being received late. Plaintiff claims that the Agent (“Doe 1”) denied the repeated request for a review and the Supervisor (“Doe 2”) denied the request for a review, a request to have an administrative hearing, and offered no other remedy. Plai...

Excerpt: ...llege further that on or about the first week of November 2018, they discovered bed bugs in the sheets of their beds, confirming that the bite marks from October had been a result of being bitten by bed bugs. Plaintiffs contend that on or about February 20, 2019, Plaintiff Cherise Frazier notified Town Square Apartment of the bed bug situation, the landlord came to inspect the apartment and found bed bug eggs, and the landlord refused to help tre...

Excerpt: ...fection control policies in the wake of the COVID‐19 pandemic, and that the failure caused Decedent to contract COVID‐19 and, ultimately, pass away on November 04, 2020. Plaintiff further alleges that Defendant's managing agents were aware of the state requirements and ratified the neglect by knowing that their employees and agents were not implementing necessary policies and procedures for the care and safety of Decedent and ignoring the ong...

Excerpt: ...aintiff negligently, causing Plaintiff chronic and permanent pain. On January 14, 2022, Plaintiff filed his Complaint, alleging one cause of action for Medical Malpractice against Dr. Kohanoff and Defendant Lancaster Advanced Dental, Inc. (collectively “Defendants”). On February 16, 2022, Defendants filed their Answer. On April 14, 2022, Defendants filed the following motions: (1) Defendant Sharona Kohanoff, DDS,'s Motion for Order Establishi...

Excerpt: ...D. (“Q.H. Mobile Home”); American Property Acquisitions, Inc. (“American Property Acquisitions”); Michael A. Jaghasbanian (“Jaghasbanian”); and Empire Property Services (collectively “Defendants”). Plaintiff further alleges that she was attempting to exit the Premises when the defective railing and other structures broke apart, causing Plaintiff to tumble forward and strike various parts of her body on the earth below. On June 02,...

Excerpt: ...roneously Sued as Central Orange County Emergency Animal Hospital, Inc. (“COC”). Dr. Kim and COC shall be collectively addressed as COC Defendants. (2) Plaintiffs took their dog, Ozzy, to MAH because he was in need of surgery. MAH informed Plaintiffs that: (1) initially Ozzy was not ready for surgery; (2) later, Ozzy was ready for immediate surgery; (3) offered a deal, which was agreed upon, where if Combs paid $4,000 up front, it would be an...

Excerpt: ...nce supervisor at the home, made romantic overtures to Plaintiff; (2) Mac Smith (“Smith”), maintenance staff at the home, targeted Plaintiff with physical threats and verbal insults; (3) Plaintiff spoke with Equal Employment Opportunity Commission investigators regarding sexual harassment claims filed against Smith by multiple female staff members and, at this meeting, Plaintiff informed administrators at the home of Quintua's advances and no...

Excerpt: ...y, “Defendants”).¿¿Malik also alleges that his parents, LA Sangster (“LA”) and Bridget Sangster (“Bridget”) were handcuffed while Sergeant Goedecke and other deputies searched their home. Malik contends that LA and Bridget were not allowed to look at the warrant until after the search and that the warrant did not describe the property to be seized. The operative pleading is the Third Amended Complaint (“TAC”) which alleges two c...

Excerpt: ... underinsured party, Petitioner made a claim for Uninsured Motorist (“UIM”) benefits with Respondent. Petitioner presents that to date, the parties have been unable to agree to the amount of damages Petitioner is entitled to receive; that the policy contains an arbitration clause; Petitioner demanded arbitration on November 01, 2021; Respondent agreed that the matter needed to be arbitrated and retained counsel on December 09, 2021. However, ...

Excerpt: ...f's vehicle.¿¿Plaintiff alleges that Fishback was taking medication that affected his ability to perceive, react and process and otherwise affected his coordination, motor skills while on the roadway and had a history of both taking such medication and distracted, unsafe and reckless driving. ¿ On¿October 17, 2019,¿Plaintiff¿filed a complaint against¿Defendants¿for Negligence.¿¿ ¿¿ On¿November 18, 2020, the Court found this case and ...

Excerpt: ...ection control policies in the wake of the COVID-19 pandemic, and that the failure caused Decedent to contract COVID-19 and, ultimately, pass away on November 04, 2020. Plaintiff further alleges that Defendant's managing agents were aware of the state requirements and ratified the neglect by knowing that their employees and agents were not implementing necessary policies and procedures for the care and safety of Decedent and ignoring the ongoing ...

Excerpt: ...intiff negligently, causing Plaintiff chronic and permanent pain. On January 14, 2022, Plaintiff filed his Complaint, alleging one cause of action for Medical Malpractice against Dr. Kohanoff and Defendant Lancaster Advanced Dental, Inc. (collectively “Defendants”). On February 16, 2022, Defendants filed their Answer. On April 14, 2022, Defendants filed the following motions: (1) Defendant Sharona Kohanoff, DDS,'s Motion for Order Establishin...

Excerpt: ...ce supervisor at the home, made romantic overtures to Plaintiff; (2) Mac Smith (“Smith”), maintenance staff at the home, targeted Plaintiff with physical threats and verbal insults; (3) Plaintiff spoke with Equal Employment Opportunity Commission investigators regarding sexual harassment claims filed against Smith by multiple female staff members and, at this meeting, Plaintiff informed administrators at the home of Quintua's advances and no ...

Excerpt: ...or $15,000.00, which is the limits of Hinchcliffe's policy; (3) Respondent James River Insurance Company (“Respondent”) covers Raiser LLC; and (4) Respondent provides coverage for drivers who are, inter alia, for arbitration for underinsured motorist claims by drivers. Petitioner states that she demanded arbitration with Respondent and the parties agreed to arbitrate before Hon. Joan M. Lewis, scheduled arbitration for December 2021, and exec...

Excerpt: ... those services, she was harmed when a substance was applied to her legs. On June 15, 2021, Plaintiff filed her Complaint alleging two causes of action for General Negligence and Premises Liability On July 30, 2021, Tino Ho was dismissed. On August 10, 2021, Defendant filed its Answer, amended on August 18, 2021. On March 21, 2022, Defendant filed this Motion to Enforce Subpoenas. On April 08, 2021, Plaintiff filed her Opposition. ----- Analysis ...

Excerpt: ... those services, she was harmed when a substance was applied to her legs. On June 15, 2021, Plaintiff filed her Complaint alleging two causes of action for General Negligence and Premises Liability. On July 30, 2021, Tino Ho was dismissed. On August 10, 2021, Defendant filed its Answer, amended on August 18, 2021. On March 21, 2022, Defendant filed (1) a Motion to Compel Further Responses to Special Interrogatories, Set One, (2) a Motion to Compe...

Excerpt: ...fter the Trustee sale without Plaintiff's consent. Plaintiff seeks possession of the Property. On September 23, 2021, Plaintiff filed its Complaint. On October 12, 2021, Claimant Mary Mattison (“Claimant”) filed a Prejudgment Claim of Right to Possession. Claimant asserts a right to possession of the premises because she alleges that she occupied the premises on the date the complaint was filed. On October 13, 2021, the Court deemed that this...

Excerpt: ...fendant's Motion for Summary Judgment. On March 29, 2022, Defendant filed its Memorandum of Costs. On April 11, 2022, Plaintiff filed this instant Motion to Tax Costs. On May 18, 2022, Defendant filed its Opposition. No Reply has been filed. “[A]ll reply papers at least five court days before the hearing.” (Cal. Code Civ. Proc. § 1005(b).) Should a Reply be filed, it is now untimely. ----- Analysis Standard for Striking or Taxing Costs – I...

Excerpt: ...mployer. Plaintiff filed his Complaint on February 05, 2018. The operative complaint is the Third Amended Complaint (“TAC”), filed February 06, 2019. The TAC alleges two causes of action for (1) Negligence and (2) Cal. Gov. Code § 815.2. Defendants filed their Answer to the TAC on March 01, 2019. Trial on the matter occurred from January 28, 2022 to February 10, 2022. The Jury returned a verdict of $230,000.00 for Plaintiff. On March 08, 202...

Excerpt: ...mployer. Plaintiff filed his Complaint on February 05, 2018. The operative complaint is the Third Amended Complaint (“TAC”), filed February 06, 2019. The TAC alleges two causes of action for (1) Negligence and (2) Cal. Gov. Code § 815.2. Defendants filed their Answer to the TAC on March 01, 2019. Trial on the matter occurred from January 28, 2022 to February 10, 2022. The Jury returned a verdict of $230,000.00 for Plaintiff. On March 08, 202...

Excerpt: ...ck and professional reference check on Bowe to ensure that he could be alone with school aged children and (2) allowed, acquiesced, and permitted Bowe to openly groom and subsequently remove Plaintiff from the school campus in order to engage in sexual contact with Plaintiff. On April 15, 2021, Plaintiff filed her Complaint alleging 11 causes of action for: (1) Negligence, (2) Negligent Supervision, (3) Negligent Hiring and/or Retention; (4) Negl...

Excerpt: ...d what was sent out “on the due date.” (Complaint, Attachment.) Plaintiff alleges that Defendant Parking Violations Bureau of Los Angeles (“Parking Violations Bureau”) refused to contest the citations by mail and by telephone as they failed to acknowledge timely receipt of the items Plaintiff sent out to contest the citations. Because of this, Plaintiff contends that he could not register his vehicle, causing it to become worthless. Plain...

Excerpt: ...ile walking his dog. The original Complaint was filed February 28, 2019. The operative pleading is the First Amended Complaint (“FAC”), filed on March 23, 2021 which alleges three causes of action for (1) Motor Vehicle Negligence against Jaime Valdez, (2) General Negligence against all Defendants except Jaime Valdez, and (3) Premises Liability against Lancaster. The procedural background is such that Lancaster filed a Cross-Complaint against ...

Excerpt: ... employer. Plaintiff filed his Complaint on February 05, 2018. The operative complaint is the Third Amended Complaint (“TAC”), filed February 06, 2019. The TAC alleges two causes of action for (1) Negligence and (2) Cal. Gov. Code § 815.2. Defendants filed their Answer to the TAC on March 01, 2019. Trial on the matter occurred from January 28, 2022 to February 10, 2022. The Jury returned a verdict of $230,000.00 for Plaintiff. On March 03, 2...

Excerpt: ...��the Property”). Ownership was obtained via a foreclosure sale held pursuant to the power under the Deed of Trust executed by Defendants Brendem Plong and Mareine Plong (“Defendant” and collectively “Defendants”) or their predecessors. Defendants are the former trustor or holdover occupant of the former trustor. On January 14, 2022, Plaintiff filed its Complaint alleging one cause of action for unlawful detainer following foreclosure s...

Excerpt: ...ntering through Gate #1, Plaintiff fell on broken concrete near Grate #1, landing in rocks and concrete and sustaining injuries. On November 10, 2020, Plaintiff filed his Complaint alleging one cause of action for Premises Liability. On February 01, 2022, Defendant filed its Answer. On January 24, 2022, Defendant filed this instant Motion for Summary Judgment. On March 29, 2022, Plaintiff filed his Opposition. On April 05, 2022, Defendant filed i...

Excerpt: ...year from owners Defendants Juana Carranza (“Carranza”) and Guillermo Farias (“Farias” and collectively, “Defendants”). (First Amended Complaint [“FAC”] Exh. 1.)¿ The operative pleading is the Second Amended Complaint (“SAC”), filed on April 30, 2021, which alleges six (6) causes of action for: (1) Specific Performance or Damages Based Upon Breach of Contract; (2) Breach of Written Contract; (3) Fraud, Deceit; (4) Intentional...

Excerpt: ...und Society D/B/A Christina Trust as Trustee for PNPMS Trust Iam Ventures (“Wilmington Savings”). Plaintiff claims no notice was given to him. On November 05, 2019, Cam Ventures Holdings LLC (Cam Venture), claiming to be an administrator for Wilmington Savings, allegedly created a second Deed of Trust (“ADOT-2”). On July 8, 2019, ZBS Law, LLP FKA Zieve, Brodnax, & Steele (“ZBS Law”) allegedly created a Notice of Default (“NOD”) wi...

Excerpt: ...es that he was sitting near the front of the bus entrance along with a young female passenger, Doe 2, when an elderly female passenger boarded the bus. Plaintiff states that he asked Doe 2 to accommodate the new elderly female passenger, Doe 2 verbally and aggressively refused then proceeded to call an unknown individual to complain about the event. Plaintiff alleges that, shortly thereafter, an unknown individual intentionally parked a car in fr...

Excerpt: ... treatment and, when waiting to be discharged, PATIENT ran out from his hospital room and attacked Jones by slamming her on the ground, ripping out her hair, and chocking her. Clarke allegedly witnessed the attack and screamed for help. Plaintiffs further allege that no security guards of Defendant were present when Jones was attacked. As a result of this incident, Jones alleges physical injuries and emotional distress and Clarke alleges emotiona...

Excerpt: ...the purchase, the motor home was covered by both Jayco's express limited warranty covering two years or 24,000 miles whichever occurred first and an implied warranty of merchantability that the motor home was fit for its ordinary intended purposes. Plaintiffs present that within the warranty periods, Plaintiffs had on at least four occasions taken the motor home in for repairs. Plaintiffs contend neither Jayco nor its authorized service and repai...