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