Excerpt: ...EFENDANT PASEO PASADENA HOTEL INVESTMENT, LLC'S MOTION FOR SUMMARY ADJUDICATION AGAINST T.B. PENICK & SONS, INC. AND RELATED ACTIONS AND CROSS-ACTIONS MOVING PARTY: Paseo Pasadena Hotel Investment, LLC RESPONDING PARTY: T.B. Penick & Sons, Inc. Defendant Paseo Pasadena Hotel Investment, LLC's Motion for Summary Adjudication Against T.B. Penick & Sons, Inc. The court considered the moving papers, opposition, and reply filed in connection with this...

Excerpt: ... of Cross-Defendant Antonio Tansu to the Second Amended Cross-Complaint The court considered the moving and opposition papers filed in connection with this motion. No reply appears to have been filed. BACKGROUND Plaintiff Antonio Tansu (“Tansu”) filed this action on July 6, 2021 against Defendants Lan Xu (“Xu”) and Yu Jia Xin aka Jiaxin Yu (“Yu”), asserting causes of action for (1) specific performance, (2) breach of contract, and (3)...

Excerpt: ...N MOVING PARTY: Plaintiff Erica Escobar RESPONDING PARTY: Defendant Costco Wholesale Corporation Plaintiff's Motion Compelling Compliance Per C.C.P. § 2031.320; Requests for Attorney's Fees, Costs, and Sanctions in the Amount of $2,310 The court considered the moving papers, opposition, and reply papers filed in connection with the motion. BACKGROUND This action arises out of a trip and fall incident that occurred at a Costco warehouse store in ...

Excerpt: ...”) filed this action against defendants Hollywood Presbyterian Medical Center, Norma C. Salceda, M.D., and Sony A Zeitser, R.N. for medical negligence relating to the death of Plaintiffs' child after her birth. On March 11, 2021, Plaintiffs filed the instant motion to compel further responses to Special Interrogatories against Defendant Hollywood Presbyterian Medical Center (“Defendant”). On June 8, 2021, the parties participated in an info...

Excerpt: ...holic Archbishop of Los Angeles (collectively, “Defendants”) for damages arising from a motor vehicle accident. On February 18, 2020, Defendants filed the instant motion to compel the deposition of Plaintiff's co-counsel, attorney Catherine Lerer (“Lerer”). 2. Motion to Compel Deposition Defendants assert Lerer is a critical witness with knowledge essential to Defendants' affirmative defense under Proposition 213. Defendants argue that Pl...

Excerpt: ..., Uber Technologies, Inc. Raiser-CA, LLC, and Raiser, LLC for damages arising out of a motor vehicle accident. On October 5, 2020, Plaintiff filed the operative First Amended Compliant (“FAC”) alleging causes of action for motor vehicle and general negligence. Currently, Defendants Uber Technologies, Inc. (“Uber”), Raiser-CA, LLC, and Raiser, LLC (collectively, “Defendants”) move for judgment on the pleadings. The motion is unopposed....

Excerpt: ... action against Defendant, Omid Khorshidi (“Defendant”) for damages relating to an alleged physical altercation between Plaintiff and Defendant that occurred at the Santa Monica Courthouse on May 26, 2016. On June 4, 2021, Plaintiff filed the Second Amended Complaint (“SAC”) alleging causes of action for (1) assault and battery, (2) intentional infliction of emotional distress, (3) negligent hiring, training, supervision and retention of ...

Excerpt: ...�), erroneously sued as Almog Amikam, asserting causes of action for negligence and premises liability. On January 6, 2021, Defendant filed the instant motions to compel further responses to special interrogatories, set two, and to request for production of documents (“RPDs”), set two. On June 7, 2021, the parties participated in an Informal Discovery Conference (“IDC”) regarding the subject discovery dispute. At the conclusion of the IDC...

Excerpt: ...ye Elfatih Badawi (“Badawi”) and Samira Suliman (“Suliman”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. Defendants, at this time, move for terminating sanctions against Plaintiff dismissing Plaintiff's complaint. The motion is unopposed. 2. Motion for Terminating Sanctions Defendants moves for terminating sanctions against Plaintiff because of Plaintiff's misuse of the discovery process by failing t...

Excerpt: ... Judith Lizarraga and Fernando Lizarraga (collectively, “Defendants”) for injuries Plaintiff sustained while working on Defendants' backyard deck. The complaint alleges causes of action for negligence, premises liability, and elder abuse. On July 23, 2021, the court heard Defendants' Ex Parte Application for an Order Continuing Trial and Related Dates, which the court granted by setting a motion to continue trial for hearing on August 11, 202...

Excerpt: ...sal (“Plaintiff”), a minor by and through her guardian ad litem, Jacqueline Garcia, filed this action against Defendants, City of Burbank and Burbank Unified School District (“BUSD”) for damages arising from a trip and fall on a playground. On August 10, 2021, Defendant BUSD's motion for summary judgment was granted. BUSD now moves for payment of defense costs and attorney's fees under CCP § 1038. The motion is unopposed. BUSD provides i...

Excerpt: ...��) for damages arising from a dog bite incident. On June 23, 2015, judgment was entered against Cubas. Thereafter, on May 4, 2021, Wilfred J. Killian (“Killian”) filed a Notice of Association providing Killian was associating in as counsel for Plaintiff. On June 23, 2021, Cubas filed the instant motion to quash subpoenas issued by Killian on various entities and to remove Killian as attorney of record. Killian filed an opposition, and Cubas ...

Excerpt: ...er guardian ad litem, Jacqueline Garcia, filed this action against Defendants, City of Burbank and Burbank Unified School District (“BUSD”) for damages arising from a trip and fall on a playground. Defendant BUSD now moves for summary judgment. As of August 5, 2021, no opposition has been filed. 2. Motion for Summary Judgment a. Moving Argument BUSD, a public entity, argues it is entitled to summary judgment because the undisputed evidence sh...

Excerpt: ...Nancy Kern (“Nancy”), and EAN Holding, LLC for damages arising out of a motor vehicle accident. Defendants Charles, Rene, and Nancy (collectively, “Defendants”) now move for a protective order preventing Plaintiff from taking Rene's and Nancy's depositions. Plaintiff opposes the motion, and Defendants filed a reply. In this case, Defendants assert Rene and Nancy are the parents of Charles, who was driving the vehicle involved in the accid...

Excerpt: ...Woodard (“Defendant”) for damages arising out of a motor vehicle accident. On September 21, 2018, Plaintiff filed proof of service alleging personal service of the summons and complaint on Anne Larken Woodard at 23693 Oakfield Rd., Hidden Hills, CA 91302 on September 16, 2018, at 10:40 a.m. On August 20, 2019, Plaintiff filed an amended proof of service asserting personal service on Anne Woodard also at 23693 Oakfield Rd., Hidden Hills, CA 91...

Excerpt: ..., and Bingguang Wu for damages arising from a motor vehicle accident. On August 4, 2021, California Insurance Guarantee Association (“Intervenor”) motion for leave to intervene on behalf of defendant Rafael Segura Sanchez (“Segura”) was granted. On September 12, 2019, Plaintiff filed proof of service of the summons and complaint showing substitute service on Segura alleging the documents were left with a co-occupant, Juan Moreno (“Moren...

Excerpt: ...action against Defendants, Norton Lifelock, Inc. fka Symantec Corporation (“Defendant”), et al. for premises liability, negligence, and loss of consortium. Mott was allegedly injured when a scaffolding he was working on fell into a hole on the premises owned by Defendant. Defendant now moves for summary judgment. Plaintiff opposes the motion, and Defendant filed a reply. 2. Motion for Summary Judgment a. Moving Argument Defendant argues it is...

Excerpt: ...on against Defendants, Noushafarin Salehi (“Salehi”) and Simin Shandiz (“Shandiz”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. The complaint alleges causes of action for (1) negligence, (2) reckless and malicious conduct, and (3) battery. Defendants now demur to the second and third causes of action in the complaint arguing they fail to state sufficient facts to constitute a claim against them. Defe...

Excerpt: ...on against defendants, PIH Health Hospital-Whittier, Parham Farahat, M.D., and Brian Yue, M.D. for medical negligence. Defendant Brian Yue, M.D. (“Defendant”), at this time, moves for summary judgment. As of August 2, 2021, no opposition has been filed. 2. Motion for Summary Judgment Defendant Brian Yue, M.D. moves for summary judgment on the complaint, contending the care and treatment of Plaintiff complied with the standard of care at all t...

Excerpt: ...f, Celise Yarde (“Plaintiff”), As Personal Representative of the Estate of Clebert Alphonso Yarde, aka Clebert Yarde, Decedent, filed this action against Defendants, Covenant Care Long Beach, Inc. dba Catered Manor Nursing Center (“CCLB”), and Covenant Care California, LLC (“CCC”) (collectively, “Defendants”) for elder abuse and wrongful death based on the allegedly deficient care and treatment of Clebert Yarde (“Decedent”). O...

Excerpt: ...fman, and Hof's Hut Restaurants, Inc. (“Defendants”) for damages arising out of alleged workplace accident. The complaint alleges causes of action for negligence and breach of contract. Plaintiff was allegedly injured while working at Defendant's premises. Plaintiff allegedly entered into an agreement with Defendants in connection with construction on the premises, and as part of the agreement, Defendants agreed to secure and pay premiums for...

Excerpt: ... damages arising out of an automobile accident. Plaintiff filed the complaint on June 11, 2019. The case was scheduled for an Order to Show Cause re: Failure to File Proof of Service on February 25, 2021. No party appeared, and the court ordered Plaintiff's complaint dismissed without prejudice for failure to prosecute. Plaintiff now moves to set aside the dismissal. Plaintiff asserts the dismissal was entered as a result of Plaintiff's counsel's...

Excerpt: ... Monique J. Lennox (collectively, “Defendants”) for injuries Plaintiff sustained after failing into a drained swimming pool on Defendants' premises. Defendants assert Plaintiff received medical treatment from Dr. Eduardo Anguizola, M.D. (“Dr. Anguizola”). Defendants assert that in order to obtain information about Plaintiff's injuries and treatment, Defendants personally served a deposition subpoena on Dr. Anguizola on July 23, 2020, but ...

Excerpt: ...25, 2021, and set it for hearing on May 17, 2021. The court's records show that on or about April 30, 2021, the motion was continued pursuant to moving party's request. As of August 2, 2021, Defendant has not filed any such notice with proof of service showing Plaintiff was given notice of the continued hearing date. The court wishes to ensure Plaintiff receives proper notice of the hearing date. The hearing on the motion is continued to ________...

Excerpt: ... (“Defendant”) for damages arising from a trip and fall on Defendant's property. Defendant, at this time, moves for terminating sanctions against Plaintiff dismissing Plaintiff's complaint. As of August 2, 2021, no opposition has been filed. 2. Motion for Terminating Sanctions Defendant moves for terminating sanctions because of Plaintiff's misuse of the discovery process by failing to serve responses to initial discovery and failing to compl...

Excerpt: ...menez Perez (“Perez”) and Environmental Services Concepts, LLC (“ESC”) for damages arising out of a motor vehicle accident. On March 9, 2021, Plaintiff filed the instant motion for discovery sanctions against ESC based on ESC'S failure to comply with the court's January 14, 2021 Order. ESC opposed the motion, and Plaintiff filed an untimely reply. The court heard the matter on May 10, 2021, where it issued the following ruling: [ ] Motion...

Excerpt: ...Lopez (“Defendant”) for damages arising from a motor vehicle vs pedestrian accident. On June 21, 2021, Defendant filed his answer to the complaint asserting eight affirmative defenses. Plaintiffs now demur to Defendant's answer arguing they are improperly pled and do not allege sufficient facts to support the defenses. Defendant opposes the demurrer, and Plaintiff filed a reply. 2. Demurrer to Answer a. Legal Standard A party against whom an ...

Excerpt: ...eth Joachin, erroneously sued and served as, Karina Zamarripatovar (“Joachin”) for damages arising from a motor vehicle accident. On December 14, 2020, Joachin filed a cross-complaint against Rosalin Yvonne Spence (“Spence”) for comparative indemnity, contribution and declaratory relief. On March 15, 2021, Spence filed an Application for Determination of Good Faith Settlement providing Plaintiff and Spence entered into a settlement agreem...

Excerpt: ...nnywati Asli (collectively, “Defendants”) for damages arising from a motor vehicle accident. On June 1, 2021, Defendants filed the instant motion to compel further responses to request for production of documents (“RPDs”), set three. On June 21, 2021, the parties participated in an informal discovery conference (“IDC”) regarding the subject discovery dispute; however, the matter was not resolved. Plaintiff opposes the motion, and Defe...

Excerpt: ...s (collectively, “Plaintiffs”) filed this action against defendants, Farid Yasharpour, M.D., Providence Holy Cross Medical Center for damages relating to the death of Plaintiffs' newborn daughter 48 minutes after birth. The complaint alleges causes of action for (1) wrongful death-medical malpractice, and (2) negligent infliction of emotional distress (“NIED”)- medical malpractice. Defendant Farid Yasharpour, M.D. (“Defendant”) now de...

Excerpt: ...ants Lilian Ourishian (“Lilian”) and Avak Leon Ourishian (“Avak”) (collectively, “Defendants”) for damages arising from a motor vehicle vs. bicycle accident. Plaintiff claims Lilian failed to stop her motor vehicle at a stop sign and then turned in front of the Plaintiff with the result that his bicycle struck Lilian's motor vehicle. The motor vehicle driven by Lilian was registered to Avak. The matter proceeded to trial from November...

Excerpt: ...and Mario Luna (collectively, “Plaintiffs”) filed this action against Defendants, JFC International, Inc. and Gwan Im (collectively, “Defendants”) for damages arising from a motor vehicle accident. Plaintiffs, at this time, move to withdraw and amend a request for admission response. Defendants oppose the motion. On July 20, 2021, the court heard Plaintiffs' ex parte application to withdraw and amend a response, which the court denied, bu...

Excerpt: ..., et al. for medical malpractice arising out of defendants' care and treatment of Plaintiff in connection with a right dorsal wrist ganglion cyst excision. At this time, Defendant, George Walter Balfour, M.D. (“Defendant”) moves for summary judgment. Plaintiff opposes the motion, and Defendant filed a reply. This matter was originally heard on July 28, 2021, where it was continued for the court to consider the untimely filed Declaration of Gr...

Excerpt: ... (collectively, “Defendants”) for damages arising out of a motor vehicle accident. Defendants, at this time, move for evidentiary and monetary sanctions against Plaintiff for refusing to undergo tests and procedures during Plaintiff's second independent medical examination (“IME”). Plaintiff opposes the motion, and Defendants filed a reply. 2. Motion for Evidentiary Sanctions Code of Civil Procedure § 2023.030 gives the court the discret...

Excerpt: ...and request for production of documents (“RPDs”), sets one, on Plaintiff, Mayra Gonzalez (“Plaintiff”) on October 9, 2020. To date, despite an extension of time to respond and attempts to meet and confer, Plaintiff has not served responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Defendants' motions are unopposed and granted. Plaintiff is or...

Excerpt: ... damages relating to a door that struck Plaintiff on Defendant's property. Plaintiff filed this motion to compel further responses to request for production of documents (“RPDs”) on February 18, 2021. The parties participated in an Informal Discovery Conference (“IDC”) on May 18, 2021, which was only six court days before the original hearing date of May 26, 2021. The parties appeared at the IDC; at the conclusion of the hearing, Defendan...