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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...