Excerpt: ...n against Defendant Maria Alexandra Vitakis (“Defendant”) for damages arising out of a motor vehicle accident. The complaint alleges causes of action for motor vehicle and general negligence. The complaint includes a prayer for punitive damages. Defendant now demurs to the complaint arguing Plaintiff's claims are barred by the applicable statute of limitations. Additionally, Defendant moves to strike the prayer for punitive damages. As of Feb...

Excerpt: ...t”) for arising from Plaintiff's trip and fall while crossing the street on May 16, 2019. The complaint alleges a single cause of action for premises liability. Defendant now demurs to the complaint arguing that Plaintiff failed to comply with Government Code § 945.6(a)(2) because Plaintiff's complaint was filed more than two years after the incident. Defendant contends the Governor's Emergency Covid orders did not extend the two-year filing p...

Excerpt: ...�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 his operative Second Amended Complaint (“SAC”) alleging multiple claims against Defendant for the incident, including assault and battery, intentional infliction of emotional distress, and violation of the Bane Civil Rights Act, among others. On Ja...

Excerpt: ...nc. Formerly Known as Citrus Valley Health Partners, Inc., erroneously sued as Emanate Health Inter-Community Hospital, (“Emanate”) and Augusto Cigliano, M.D. (“Cigliano”) for professional negligence. On July 28, 2021, Plaintiff filed an Amendment to Complaint naming Paul Rhee (“Rhee”) as Doe 1. The complaint alleges that on or about August 31, 2019, Plaintiff went to defendants' hospital with a laceration on her left thumb, and defen...

Excerpt: ...tinez d.b.a. LAF Trucking (“LAF Trucking”) and Jose F Escobar Martinez (“Martinez”) (collectively, “Defendants”) for damages arising out of a motor vehicle accident. At this time, Defendants move to strike the prayer for punitive damages from the complaint. Plaintiff opposes the motion. This matter was originally heard on January 4, 2022, where it was continued to February 4, 2022, after Plaintiff objected that Plaintiff was not able ...

Excerpt: ... ad Litem Charlene A. Curry, filed this action against defendants Madhu Anvekar, M.D., Ayman Saad, M.D., David Fischel, D.O., Donald Williams, M.D., And Huntington Hospital for wrongful death- medical negligence and survivors claim. Defendant Pasadena Hospital Assoc., Ltd dba Huntington Memorial Hospital, now known as Huntington Hospital, (“Defendant”) now moves for terminating sanctions against Plaintiff dismissing Plaintiff's complaint beca...

Excerpt: ...Virgen Chipres (collectively, “Plaintiffs”) filed this action against defendants Marco Antonio Nunez Dominguez (“Dominguez”), Jose V. Garduno (“Garduno”), and Jorge Vargas (“Vargas”) for injuries arising from a dog bite incident. The complaint alleges that on September 18, 2020, Plaintiffs were taking their regular afternoon walk around their neighborhood when Dominguez opened a gate at a property owned by Garduno and Vargas and D...

Excerpt: ...ollectively, “Plaintiffs”) filed this action against Defendants, Uber Technologies, Inc. (“Uber”), Aimin Lin (“Lin”), Adrian Krugliy (“Krugliy”), and Roman Pidkova (“Pidkova”) for damages arising from a four-vehicle accident. The operative First Amended Complaint (“FAC”) alleges claims for (1) negligence, (2) negligence per se, and (3) statutory liability against all Defendants. The FAC includes a prayer for punitive damag...

Excerpt: ...t (collectively, “Defendants”) for damages arising from a motor vehicle accident. On November 17, 2021, Defendants filed the instant Motion for Reconsideration of Defendants' Motion to Permit Orthopedic Examination of Plaintiff to Occur in Los Angeles County in Department S27 of the Long Beach Courthouse where this action is currently pending. However, because the underlying motion to permit orthopedic examination in Los Angeles County was he...

Excerpt: ...o L Gonzalez (collectively, “Defendants”) for damages arising from a motor vehicle accident. At this time, Defendants move for an order for leave to obtain Plaintiff's mental examination. Plaintiff opposes the motion, and Defendants filed a reply. Defendants contend Plaintiff is claiming to have suffered a head injury with continuing psychological, cognitive and sensory issues, including memory problems and depression, among other issues. Def...

Excerpt: ...o Hills Hospital (“USC”), erroneously sued and served herein as University of Southern California, and David Tashman, M.D. (“Tashman”) (collectively, “Defendants”) for the alleged wrongful death of Decedent Adam Bailey (“Decedent”) relating to Defendants' care and treatment of Decedent. Defendants now move for summary judgment. This matter was originally heard on November 15, 2021, where after conferring with Plaintiff, who stipul...

Excerpt: ... Corporation (“Defendant” or “Starbucks”), et al. for negligence and premises liability. The complaint alleges that on or about December 9, 2018, Plaintiff was on Defendant's property walking to a patio area when Plaintiff tripped and fell to the ground. Defendant Starbucks now moves for summary judgment against Plaintiff's complaint. Plaintiff opposes the motion, and Defendant filed a reply. 2. Motion for Summary Judgment a. Moving Argum...

Excerpt: ...n (“Plaintiff”) filed this action against Defendants Robertson's Ready Mix, Ltd. (“RRM”) and David Edward Betancourt (“Betancourt”) (collectively, “Defendants”) for damages arising out of a motor vehicle accident. The complaint alleges a single cause of action for negligence. On January 5, 2022, Plaintiff's ex parte application to continue trial and for leave to amend complaint was heard. The court continued the then January 25, 2...

Excerpt: ...“Defendant”) for damages arising out of a slip and fall on Defendant's property. At this time, Defendant moves to compel Plaintiff's independent medical examination (“IME”). The motion is unopposed. II. Motion to Compel IME On June 22, 2021, Defendant propounded a notice of IME, setting Plaintiff's examination for August 10, 2021. Plaintiff did not serve a timely objection to the IME and did not appear. CCP § 2032.220 states: (a) In any ...

Excerpt: ...inda Rivero (“Defendant”), et al. for damages arising from a motor vehicle accident that occurred on or about November 18, 2017. On July 8, 2021, Plaintiff filed proof of service of summons showing Plaintiff was served by substituted service on July 4, 2021, at 734 N. Delancey Ave., San Dimas, CA 91773- 1908. The summons and complaint were allegedly served on a John Doe. Defendant now moves to quash service of the summons and complaint. Plain...

Excerpt: ... Michael Angelo Steveson (“Michael”) and Darla J. Steveson (“Darla”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. The complaint alleges that Michael drove a truck while he was drunk and crashed into the rear of Plaintiff's vehicle at a high rate of speed, then drove away from the scene without providing his contact or insurance information. Darla was the registered owner of the truck Michael was driv...

Excerpt: ...Iven (collectively, “Defendants”) for damages arising from a motor vehicle vs. pedestrian accident. Defendants move for terminating sanctions against Plaintiff dismissing Plaintiff's complaint because of Plaintiff's misuse of the discovery process. Defendants contend Plaintiff has failed to respond to any of Defendants properly propounded discovery on Plaintiff, including Defendants' special interrogatories, set one, for which the court grant...

Excerpt: ...action against defendants Nicole A. Nakamuru, M.D., et al. alleging causes of action for medical malpractice and negligence arising from defendants' care and treatment of Plaintiff. On October 15, 2020, Plaintiff filed an Amendment to Complaint naming County of Los Angeles as Doe 1. At this time, County of Los Angeles (“Defendant” or the “County”), erroneously sued and served as Los Angeles County–USC Medical Center, moves for summary j...

Excerpt: ...(“Defendant”) asserting a single cause of action for intentional tort alleging “Defendant had an unlawful relationship with a minor.” (Compl. at p. 4.) At this time, Plaintiff moves for relief from waiver of jury trial. The motion is unopposed. 2. Motion for Relief from Jury Waiver Plaintiff was obligated to post jury fees prior to commencement of trial, and in no event more than 365 days after filing the case. Plaintiff failed to do so. ...

Excerpt: ... this action against Defendants, Dr. George Cai, AHMC Garfield Medical Center, LP d/b/a Garfield Medical Center (“AHMC”), et al. for negligence and medical malpractice. On November 13, 2018, Plaintiff filed a First Amended Complaint alleging that on or about September 15, 2015, defendants performed a surgery to remove Plaintiff's gall bladder and thereafter discharged Plaintiff. Plaintiff continued to experience pain in the areas surrounding ...

Excerpt: ...MOTION TO STRIKE WITHOUT LEAVE TO AMEND Dept. 31 1:30 p.m. January 21, 2022 1. Background Plaintiff, Barrington S. Henderson (“Plaintiff”) filed this action against Defendant, Regents of the University of California (“Defendant”), for damages relating to the care and treatment of Decedent Joyce St. Amie (“Decedent”). On October 20, 2021, Plaintiff filed his First Amended Complaint (“FAC”) alleging causes of action for (1) medical ...

Excerpt: ...ly and as successors in interest to Don Hernandez (“Decedent”) filed this action against Defendant County of Los Angeles (“Defendant”), et al. for damages relating to the alleged wrongful death of Decedent. The operative Second Amended Complaint (“SAC”) alleges causes of action for (1) dangerous condition of public property and (2) negligence. Plaintiffs allege that Decedent was riding a bicycle when he struck a parking block located ...

Excerpt: ...his Guardian Ad Litem, Leilani Ortiz, Gabriel Castillo Ortiz, a minor by and through his Guardian Ad Litem, Robin Ortiz, filed this action against Defendants County of Los Angeles, et al. for damages arising from a motor vehicle accident. Petitioners Leilani Ortiz and Robin Ortiz (collectively, “Petitioners”) seek approval of compromises of the claim for minor Claimants Miguel Armenta, Jr. (“Miguel”) and Gabriel Castillo Ortiz (“Gabriel...

Excerpt: ...endant”) for damages arising from a motor vehicle accident. On November 18, 2019, default was entered against Defendant. On May 5, 2021, the court held an Order to Show Cause re: Dismissal for Failure to Enter Default Judgment (the “OSC”) where the court noted that “the Default Judgment packet has still not been submitted for review and therefore does not find good cause to further continue this matter.” (Min. Order May 5, 2021.) The co...

Excerpt: ...ound Plaintiffs Adam Ashby (“Adam”) and Kern Ashby (“Plaintiffs”) filed this action against Bubba Gump Shrimp Co. Restaurants, Inc. (“Defendant”), et al. for damages arising from an alleged slip and fall that occurred at Defendant's restaurant. On November 12, 2021, Plaintiffs filed a motion for protective order seeking to prohibit Dr. Neeraj Gupta (“Dr. Gupta”) from conducting Adam's independent medical examination (“IME”) fo...

Excerpt: ...�Avila”), Moses Galicia (“Galicia”), Richard Jaimes (“Jaimes”), Tim Aguilar (“Aguilar”), and Whittier Girls Softball League, Inc. (“WGSL”) (collectively, “Defendants”) for alleging Defendants physically attacked Plaintiff as a WGSL event. The complaint alleges causes of action for (1) negligence and (2) assault and battery against all Defendants. Defendant WGSL now demurs to the complaint arguing it fails to state a claim fo...

Excerpt: ...tores, LLC (“99 Cents”) alleging he was violently attacked by 99 Cents' employee, Doe 1, while at 99 Cents' Store. On November 30, 2021, Plaintiff filed an Amendment to Complaint naming Dylan Cervantes Vargas (“Vargas”) as Doe 1. At this time, Defendants 99 Cents and Vargas (collectively, “Defendants”) move for an order staying proceedings because Vargas is on active military service. Plaintiff opposes the motion, and Defendant filed ...

Excerpt: ...and June Seo (“Seo”), erronsouly sued as June Han, for injuries Plaintiff sustained when he was allegedly attacked by Cho at his residence. Cho is a nearby neighbor of Plaintiff's and lives in a unit rented by his mother, Seo. On November 17, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) negligence – count I, (2) battery, (3) assault – count II, (4) negligence – count II, and (...

Excerpt: ...i”) and Faina Neveleva (“Neveleva”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. On November 16, 2021, Plaintiff filed the operative Second Amended Complaint (“SAC”) alleging a single cause of action for negligence. The SAC includes a prayer for punitive damages. Defendants now move to strike the punitive damages. Plaintiff opposes the motion, and Defendants filed a reply. Defendants assert that af...

Excerpt: ...lk LLC dba the Waterfront Venice & Boardwalk Tacos, erroneously named in the Complaint as North Venice Boardwalk, LLC dba The Waterfront Venice Boardwalk, (“Defendant”) for premises liability and general negligence. The complaint alleges while a customer on Defendant's premises, Plaintiff tripped at the bottom of a staircase leading from the restroom back to the dining area due to a mis-leveling in the landing area at the bottom of the stairc...

Excerpt: ...led this action against Defendants Christina Washington (“Washington”), Enterprise Rent A Car (“Enterprise”), and EAN Holdings, Inc. for damages arising from a motor vehicle accident. At this time, Enterprise moves for a Protective Order for the Deposition of Enterprise's Person Most Qualified (“PMQ”). The motion is unopposed, and on January 7, 2021, Enterprise filed a Notice of Non-Opposition. Enterprise contends the parties previous...

Excerpt: ...rdenas Rosado (“Defendant”) for motor vehicle and general negligence. On June 7, 2021, this matter was set for an Order to Show Cause re: Dismissal for Failure to File Proof of Service, but there were no appearances by or for either party. The court thus dismissed Plaintiff's complaint without prejudice pursuant to CCP § 583.410. (Min. Order, June 7, 2021.) The court entered an Order of Dismissal on June 7, 2021, signed by the judicial offic...

Excerpt: ...es, and request for production of documents (“RPDs”), sets one, on Plaintiff Maria Elena Rivas (“Plaintiff”) on June 10, 2021. 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. On December 30, 2021, Plaintiff filed an opposition provid...

Excerpt: ...y of Los Angeles; City of Los Angeles; The People of the State of California, acting by and through the Department of Transportation (erroneously sued as State of California, Caltrans), and Thrifty Oil Co. for injuries relating to Plaintiff's trip and fall on June 11, 2019, on a sidewalk adjacent to the property located at 11540 Santa Monica Blvd., Los Angeles, CA 90025 (the “Property”). On August 23, 2021, the court granted Defendant Thrifty...

Excerpt: ...Flores Homeowners Association, Inc. (“Defendant”) for damages arising from Plaintiff's slip and fall in Defendant's property. At this time, Defendant moves for a protective order regarding Plaintiff's special interrogatories, set one, which consists of 97 interrogatories. Plaintiff opposes the motion, and Defendant filed a reply. Defendant argues this action concerns a straightforward slip and fall, where Plaintiff alleges she slipped on a su...

Excerpt: ...s Kevin Justin Foster (“Kevin”), Sheila Sherie Foster (“Sheila”) and Jeffrey Edward Foster (“Jeffrey”) (collectively, “Defendants”) for damages arising out of a motor vehicle accident. The complaint alleges causes of action for (1) motor vehicle negligence, (2) general negligence, and (3) negligent entrustment of a motor vehicle. At this time, Defendants move for an order requiring Plaintiff to post an undertaking in the sum of $1...

Excerpt: ...i alleging causes of action for negligence and premises liability. The complaint alleges that Plaintiff was lawfully on the premises located at 105 S. Marguerita Avenue, Unit A, Alhambra, CA 91801 (the “property”), when bathroom ceiling collapsed onto Plaintiff. Plaintiff alleges defendants allowed the ceiling to be in disrepair and constitute a dangerous condition. The property was owned by Wen Ch Li, who gave his sister, Wen-Hui Lin, author...

Excerpt: ...Kochakji (“Defendant”) for damages arising from a motor vehicle vs. pedestrian accident on November 23, 2019. On October 12, 2021, Defendant filed the instant motion to compel further responses to request for production of documents (“RPDs”), set two, against Plaintiff, which requests cellular records for any cellphone Plaintiff had in her possession at the time of the incident. On December 17, 2021, the parties participated in an informa...

Excerpt: ...houigani (“Khouigani”) and Enterprise Rent A Car (“Enterprise”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. On June 11, 2021, an Order to Show Cause re: Dismissal for Failure to File Proof of Service was held in this matter, and after there were no appearances by or for either party, the court dismissed Plaintiff's complaint without prejudice pursuant to CCP § 583.410. To date, Plaintiff has not fi...

Excerpt: ...nland, the State of California, and the Islamic Center of Claremont (“the Center” or “Defendant') for damages arising out of an automobile accident. Trial is currently set for April 12, 2022. The Center now moves to continue the current trial date to due to the court's unavailability to hear the Center's motion for summary judgment prior to the current trial date. Alternatively, the Center seeks an order specially setting its motion for sum...

Excerpt: ...Heyman Properties, LLC, Heyman Western Avenue Properties, LLC, and Daniel Heyman (collectively, “Defendants”) for negligence and premises liability. At this time, Defendants move to quash service of the summons and to dismiss the complaint for lack of jurisdiction. Defendants argue Plaintiff cannot show proper service. Defendants aver that Plaintiff's attempted service on Defendants at a post office in Los Angeles fails because there was no m...

Excerpt: ...vely, “Defendants”) for negligence and products liability relating to injuries Plaintiff sustained while using an allegedly defective ladder. Defendants, at this time, move to compel non-party, Richard Middleton (“Middleton”) to comply with the deposition subpoena served by Defendants and require Middleton to appear for deposition. Additionally, Defendants assert that in discovery responses, Plaintiff indicated Middleton, his former emplo...

Excerpt: ...endant”) for damages arising from a motor vehicle accident. Plaintiff served Defendant with the summons, complaint and related documents by substituted service on February 28, 2020. Default was entered against Defendant on November 16, 2020. The proof of service states the summons and complaint were served by substituted service at 5805 White Oak Ave Unit 16695, Encino, CA 91416-5036, and the documents were left with a “Chris ‘Doe' (refused...

Excerpt: ...ant”) for damages arising from a motor vehicle accident. Defendant provides that Plaintiff seeks the deposition of non-party witness Person Most Knowledgeable (“PMK”) from Hodson P.I. Investigative Solutions (“Hodson”). Hodson conducted sub rosa surveillance of Plaintiff at Defendant's counsel's request. The Notice of Deposition requests Hodson produce “The PERSON MOST KNOWLEDGEABLE pertaining to Hodson P.I. LLC's investigative work o...

Excerpt: ...l (“Plaintiff”) filed this action against Defendant Amatia Golbodaghi, et al. (“Defendant”) for damages arising from a motor vehicle accident. Trial in this matter is currently set for May 2, 2022. At this time, Defendant moves to continue the current trial date to August 8, 2022. Additionally, Defendant moves to compel Plaintiff's independent medical examination (“IME”). Plaintiff filed a combined opposition to both motions, to which...

Excerpt: ...er-Ca, LLC for damages arising from a motor vehicle accident. Trial is currently set for February 17, 2022. Defendants Uber Technologies, Inc., Rasier, LLC and Rasier-Ca, LLC (“Defendants”) now move to continue the current trial date to August 18, 2022. On December 28, 2021, Plaintiff filed and served by electronic mail an untimely opposition only six court days before the instant hearing. Plaintiff offers no reason for why the opposition was...

Excerpt: ...ctic Glacier, Inc. (“Artic”), Union Ice Company (“Union”), and Rite Aid Corporation (“Rite Aid”) alleging causes of action for negligence and premises liability. The complaint alleges Plaintiff was injured when she slipped and fell on a puddle of water near the freezer in Rite Aid's store. Artic and Union were the alleged suppliers that stocked Rite Aid's freezer. On July 27, 2012, Artic and Union filed a Notice of Stay of Proceedings...

Excerpt: ...n against defendants Ariella A. Morrow M.D. and Cedars-Sinai Medical Center (“Cedars”) for medical negligence. Plaintiffs allege defendants improperly treated Brandan's Crohn's disease. On November 8 and 9, 2021, Defendant Cedars served deposition subpoenas on 19 of Brandan's medical providers requesting records pertaining to Brandan. Plaintiffs move to quash the subject subpoenas arguing they violate Brandan's right to privacy and make no at...

Excerpt: ...kground Plaintiff Edward Mike Hernandez (“Plaintiff”) filed this action against Defendants Dung Van Tran and Tymond Tran for damages arising from a motor vehicle accident. On November 8, 2021, the parties participated in an Informal Discovery Conference (“IDC”) concerning written discovery served by Defendants on Plaintiff. At the conclusion of the IDC, the court deemed the issues partially resolved and time for filing a motion to compel ...

Excerpt: ... City of Los Angeles (the ”City”) and County of Los Angeles for damages relating to Plaintiff's trip and fall on a raised sidewalk. The complaint alleges a single cause of action for negligence based on tortious acts of employees under Government Code § 815.2. The City now demurs to the complaint arguing the negligence claim is flawed in that the only cause of action that can be asserted against a public entity for an alleged dangerous condi...