Excerpt: ...s Barry F. Stone, Individually, and as Successor-in-Interest to the Estate of Kamryn Stone, and Kristie Campbell-Stone (collectively, “Plaintiffs”) filed this action against defendants Rose Bowl Operating Company (“RBOC”), ABM Industries Incorporated, Don Wayne Davenport (“Davenport”), and Kyonne Gardner (“Gardner”) for damages relating to the alleged wrongful death of Decedent Kamryn Stone (“Decedent”). Plaintiff has filed a ...

Excerpt: ...andie LLC, and Neutron Holdings, Inc., dba Lime (“Lime”) for damages Plaintiff sustained while riding a scooter she rented from Lime, when it encountered a pothole that resulted in Plaintiff falling to the pavement and fracturing her wrist. At this time, Lime moves to compel to compel arbitration. Plaintiff opposes the motion, and Lime filed a reply. 2. Motion to Compel Arbitration a. Parties' Agreement Lime argues Plaintiff and Lime entered ...

Excerpt: ...with an Uninsured Motorist proceeding pursuant to Insurance Code § 11580.2 involving Claimants, William Anderson (“William”) and Monica Anderson (“Monica”). Respondent moves for terminating sanctions against Monica dismissing Monica's action because of Plaintiff's misuse of the discovery process by failing to serve responses to initial discovery and failing to comply with the court's June 23, 2021, order pertaining to Respondent's motion...

Excerpt: ...with an Uninsured Motorist proceeding pursuant to Insurance Code § 11580.2 involving Claimants, William Anderson (“William”) and Monica Anderson (“Monica”). Respondent moves for terminating sanctions against William dismissing William's action because of Plaintiff's misuse of the discovery process by failing to serve responses to initial discovery and failing to comply with the court's June 22, 2021, order pertaining to Respondent's moti...

Excerpt: ...a, Johana Meza, and Alex Meza filed Case No. 19STCV21857 against defendants Sinthal, Inc. (“Sinthal”), Ram Baheti (“Baheti”), and Hawk Importers, Inc. (“Hawk”) for damages relating to the alleged wrongful death of Decedent Heliodoro Meza (“Decedent”). Plaintiff Alicia Yost filed Case No. 20STCV23126 against Defendants also for the alleged wrongful death of Decedent. Plaintiffs in both actions allege Decedent, while in the course a...

Excerpt: ...ce Welch (“Claimant” or “Welch”), and Desteny Garcia (“Garcia”) filed this action against Defendants, Madeline Summer Meyer- Wyllie, Rachel Wyllie-Murphy, and Michael J Murphy (collectively, “Defendants”) for damages arising from a motor vehicle accident. Claimant was a passenger in a vehicle when the vehicle was rear-ended by Defendants' vehicle. Plaintiff suffered whiplash injuries, including neck and body pain. Plaintiff has no...

Excerpt: ...or damages arising out of an automobile accident. II. Motion to Compel IME On December 8, 2020, Defendant propounded a demand for Plaintiff's physical examination, setting Plaintiff's examination for July 1, 2021. Plaintiff did not object to the demand but did not appear. Thereafter, Defendant propounded a second demand for physical exam, setting Plaintiff's examination for August 9, 2021. Plaintiff did not object to this notice and again failed ...

Excerpt: ...nce and enforce discovery against Respondent Interinsurance Exchange of the Automobile Club (“Respondent”) in connection with an uninsured motorist claim. On September 9, 2021, Petitioner filed the instant motion to compel further responses to special interrogatories, set one, Nos. 15-32 against Respondent. [1] Respondent filed an opposition, and Petitioner filed a reply. On December 6, 2021, the parties participated in an informal Discovery ...

Excerpt: ...tor (“Defendant”) for damages arising out of an automobile accident. At this time, Defendant moves for terminating sanctions against Plaintiff dismissing Plaintiff's complaint because of Plaintiff's misuse of the discovery process by failing to comply with the court's October 15, 2021, order requiring Plaintiff to provide further responses to Defendant's form interrogatories, set two, special interrogatories, set two, and request for producti...

Excerpt: ...guez (“Rodriguez”), and Elite Care Valet, LLC dba Elite Car Valet Services (collectively, “Defendants”) for damages arising from an automobile accident. The complaint alleges causes of action for motor vehicle and general negligence. Defendant Elite Car Valet dba Ventura Valet (“Elite Car”) now demurs to the complaint arguing it fails to state sufficient facts to constitute a claim against it. Elite Car argues the complaint does not c...

Excerpt: ...A-Car- Company of Los Angeles, LLC (“Defendant”) for injuries Plaintiff sustained after renting a vehicle from Defendant that was reported stolen, which resulted in Plaintiff being stopped at gun point by six police officers on April 8, 2019. The complaint alleges a single cause of action for negligence against Defendant. Defendant now demurs to the complaint arguing it fails to state sufficient facts to constitute a claim against it because ...

Excerpt: ...defendant Kaiser Permanente for damages Plaintiff sustained when Plaintiff was allegedly barred access from defendant's building to use the bathroom urgently, including a torn or pulled nerve in her leg. On June 8, 2021, Plaintiff filed an Amendment to Complaint naming Kaiser Foundation Hospitals as Doe 1. On July 7, 2021, Plaintiff filed another Amendment to Complaint providing the correct name of Kaiser Permanente is Kaiser Foundation Health Pl...

Excerpt: ...nd Riquelme Navarro Marroquin (collectively, “Defendants”) for damages arising from a motor vehicle accident. Plaintiff now moves to quash Defendants' deposition subpoena for production of business records issued and served on the Los Angeles County District Attorney (“LACDA”). Defendants filed and served an untimely opposition on December 14, 2021. This is only five court days before the subject hearing date. Defendants' opposition offer...

Excerpt: ...“Defendant”), erroneously sued as Los Angeles Department of Transportation, for injuries Plaintiff arising from a motor vehicle accident. Defendant now demurs to the complaint arguing Plaintiff failed to comply with the Government Tort Claims Act (the “Act”), and thus, this action against Defendant and its employees is precluded. A timely opposition has not been filed. 2. Demurrer A demurrer is a pleading used to test the legal sufficienc...

Excerpt: ... Defendant, Jesus Sandoval Luviano (“Luviano”) and Ebenezer Transport, Inc. (“ET”) for damages arising from a motor vehicle accident. On July 15, 2021, the court granted Intervenor Infinity Insurance Company's (“Intervenor”) motion for leave to intervene in the case on behalf of ET. Intervenor moved to intervene on the ground that ET is a suspended corporation. At this time, Intervenor moves to strike Plaintiff's supplemental expert d...

Excerpt: ...tively, “Plaintiffs”) filed this action against Defendant Matthew D. Malamet, M.D. (“Defendant”) for medical malpractice. At this time, Defendant moves for terminating sanctions against each Gayeva and Mkrtchyan dismissing Plaintiffs' complaint because of Plaintiffs' misuse of the discovery process by failing to serve responses to initial discovery and failing to comply with the court's September 1, 13 and 14, 2021 orders pertaining to De...

Excerpt: ...doro Meza, Esteban Meza, Johana Meza, and Alex Meza filed Case No. 19STCV21857 against Defendants Sinthal, Inc. (“Sinthal”), Ram Baheti (“Baheti”), and Hawk Importers, Inc. (“Hawk”) (collectively, “Defendants”) for damages relating to the alleged wrongful death of Decedent Heliodoro Meza (“Decedent”). Plaintiff Alicia Yost filed Case No. 20STCV23126 against Defendants also for the alleged wrongful death of Decedent. Plaintiffs...

Excerpt: ...ity”), Daniel Pagan, and Dana Pagan for damages arising out of Plaintiff's fall on a sidewalk while riding an electric scooter. The complaint alleges that blunt force to the front wheel of the scooter caused Plaintiff to strike a wall at 2150 Pelham Ave., and this led to the scooter becoming stable and Plaintiff crashing off the edge of the sidewalk. Defendants Daniel Pagan and Dana Pagan (collectively, the “Pagans”) now move for summary ju...

Excerpt: ...of Los Angeles, State of California, and Does 1-50 alleging causes of action for negligence and premises liability. On August 31, 2020, Plaintiff filed an Amendment to Complaint naming California-American Water Company (“CAWC”) as Doe 1. The complaint alleges that Plaintiff was riding his bicycle in a safe manner when a defect in “the roadway, consisting of uneven pavement, concrete, slurry and/or other roadway surface around a utility plat...

Excerpt: ...nst Defendant, Bruce J Crispin for damages relating to dental care and treatment Plaintiff allegedly received from Defendant. On October 7, 2021, Plaintiff filed the complaint on form PLD-PI-001 providing that causes of action for general negligence, intentional tort, and fraud were attached to the complaint. The complaint includes a request for punitive damages. There are no causes of actions attached to the complaint. Rather, Plaintiff attaches...

Excerpt: ...udson Ave LLC, Kohen Investments LLC, Shabab Kohen, Brianna Camitses, and Argento Y Oro Inc. for negligence and premises liability. Plaintiff alleged that on September 29, 2019, Defendants allowed a dangerous condition to exist on their property, such that Plaintiff was injured. In particular, Plaintiff alleged Plaintiff was locked out of his apartment and used the open access to the roof of the property to attempt to enter his apartment by lower...

Excerpt: ...akan Rouhani, Nima Nejat, and Shervin Roohparvar for damages arising out of a zip lining incident. Plaintiff was on Defendants' property, where Defendants had a zip line installed over the swimming pool. Plaintiff was injured when she fell from the zipline. On August 27, 2019, Judgment was entered pursuant to CCP § 664.6 in Plaintiff's favor against defendants Nima Nejat and Shervin Roohparvar in the total amount of $236,000.00, which included d...

Excerpt: ...i, D.D.S., and Fariba Kalantari, D.D.S. dba Famous Hollywood Dental Care (collectively, “Defendants”) for professional negligence-dental malpractice arising out of Defendants' dental care and treatment of Plaintiff. Defendants now move for summary judgment. The motion is unopposed. 2. Motion for Summary Judgment Defendants contend the care and treatment of Plaintiff complied with the standard of care at all times and did not cause or contribu...

Excerpt: ...vely, “Plaintiffs”) filed this action against Defendants Providence St Joseph Med Ctr, et al. for damages relating to defendants' care and treatment of Schlesinger. The complaint alleges causes of action for medical negligence, three separate claims of lack of informed consent, and loss of consortium. At this time, Defendant Nadia Fakoory, M.D. (“Defendant”) now demurs to the complaint arguing the second cause of action for lack of inform...

Excerpt: ...collectively, “Plaintiffs”) filed this action against defendants Kaiser Foundation Hospitals, et al. for medical negligence. On October 5, 2021, Plaintiffs filed their Second Amended Complaint (“SAC”) alleging claims for medical negligence and loss of consortium. Defendant, Kaiser Foundation Hospitals (“Defendant”) now demurs to the SAC. Plaintiffs oppose the demurrer. Defendant contends Plaintiffs' cause of action for medical neglige...

Excerpt: ...ck Swank (“Defendant”) for damages arising from a motor vehicle accident. On July 6, 2020, the court granted Defendant's motion to compel Plaintiff's independent medical examination (“IME”) and ordered Plaintiff to appear for the exam on September 21, 2020. Defendant attests that Plaintiff has failed to comply and attend the court ordered IME. Defendant now moves for an order finding Plaintiff in contempt of court, for a warrant for Plain...

Excerpt: ...es (the “City”), and Salomon Perez (“Perez”) for damages arising out of Plaintiff's trip and fall on a sidewalk. The complaint alleges a cause of action for dangerous condition of public property pursuant to Government Code § 835 against the City. The City now moves for summary judgment. Plaintiff opposes the motion, and Defendant filed a reply. 2. Motion for Summary Judgment a. Parties' Positions At this time, the City moves for summary...

Excerpt: ...1988 Revocable Trust dba Bermuda Mobile Home Community (“Defendant”), erroneously sued as Bermuda Manufactured Home Park, et al. for injuries Plaintiff allegedly sustained when employees hired by Defendant to cut down trees and shrubbery on Plaintiff's property knocked Plaintiff down while attempting to remove items from Plaintiff's property. The complaint alleges causes of action for (1) assault and battery, and (2) intentional infliction of...

Excerpt: ...endant”) for damages arising out of a trip and fall on a boardwalk near 5537 E. Seaside Walk, Long Beach, CA 90803 on January 5, 2018. The complaint alleges Plaintiff was a pedestrian on the wooden boardwalk that consisted of screws jutting above the wooden planks, which created a dangerous condition and caused Plaintiff to trip and fall. The complaint asserts causes of action for premises liability and general negligence. Defendant now moves f...

Excerpt: ...st 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 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...

Excerpt: ...n February 13, 2020, for subrogation damages arising from a motor vehicle accident. On August 12, 2021, a Final Status Conference and non-jury trial were set in this matter, and after there were no appearances by or for either side, the court dismissed the case without prejudice. The dismissal was pursuant to CCP § 581(b). On August 30, 2021, Plaintiff filed the instant motion to set aside dismissal. Plaintiff asserts the dismissal was the resul...

Excerpt: ... D. Verny, D.D.S., Inc. dba Hawthorne Dental and Braces (“Verny”), erroneously sued and named herein as Hawthorne Dental and Braces, a business entity of form unknown, for medical malpractice. Trial is currently set for February 4, 2022. Defendant Kim now moves to continue the current trial date 60 days so that Kim's motion for summary judgment can be heard. Kim's summary judgment motion is set for February 1, 2022. Verny filed a joinder to t...

Excerpt: ...or damages relating to Plaintiff's trip and fall on a sidewalk. The operative first Amended Complaint (“FAC”) alleges causes of action for (1) premises liability/violation of government code and (2) negligence/violation of government code. The FAC alleges in relevant part: The uneven sidewalk pavement created a dangerous condition. Plaintiff is informed and believes and thereon alleges that the sidewalk pavement was raised for a sufficient am...

Excerpt: ...f the Person Most Knowledgeable (“PMK”) of Defendant, Los Angeles County Metropolitan Transportation Authority (“Defendant”) deposition. Plaintiff provides that Plaintiff has attempted to take Defendant's PMK's deposition on multiple occasions, with Plaintiff setting the PMK's deposition for July 8, 2021, at Defendant request. However, Plaintiff provides that the day before on July 7, 2021, Defendant notified Plaintiff the deposition coul...

Excerpt: ...1:30 p.m. December 6, 2021 1. Background On February 7, 2017, Plaintiff, Adam Harari filed this action against Defendant, Michael Ray Nguyen-Stevenson, aka Michael Ray Stevenson, aka Tyga (“Stevenson”), and Does 1-20 for negligence and intentional tort. Plaintiff alleges that while attempting to serve Defendant with legal documents at a night club, Plaintiff was grabbed, yanked, pulled and choked by other persons. On February 7, 2019, Plainti...

Excerpt: ...��Plaintiffs”) filed this action against Defendant Elain Munoz (“Defendant for (1) motor vehicle negligence and (2) general negligence. At this time, Defendant moves to enforce a settlement agreement pursuant to CCP § 664.6. The motion is unopposed. Defendant provides the parties agreed to attend a mediation on January 28, 2020, where both Plaintiffs and their counsel appeared, along with defense counsel and a representative of Defendant's i...

Excerpt: ...his action against Defendant, Fitness International, LLC (“Defendant”), erroneously sued as Fitness International, LLC d/b/a La Fitness for injuries Plaintiff sustained while exercising on a Stairmaster machine on Defendant's premises. On September 29, 2021, Plaintiff filed the First Amended Complaint (“FAC”) alleging causes of action for (1) negligence, (2) premises liability, and (3) negligent hiring, retention, and training. Defendant ...

Excerpt: ...efendants, County of Los Angeles (the “County”) and City of Avalon (the “City”) for injuries Plaintiff sustained while descending a public staircase. On November 17, 2021, Plaintiff filed a Request for Dismissal as to the County only. The complaint asserts causes of action for premises liability – Government Code § 835 and negligence – Government Code § 815.2. The City now demurs to the complaint. Plaintiff opposes the motion. The C...

Excerpt: ...ch, Inc. for damages arising out of an automobile accident. At this time, Plaintiff moves for sanctions against Defendant Music Express Coach, Inc. (“Music Express”) pursuant to CCP § 128.5. Plaintiff requests an order striking Music Express's motion for summary judgment and imposing monetary sanctions of $35,807.50 against Music Express. Music Express opposes the motion, and Plaintiff filed a reply. 2. Motion for Sanctions CCP § 128.5 stat...

Excerpt: ...ants Burner Construction Corp. (“Burner”), Benjamin Thomas Calhoun (“Calhoun”), Jon William Hosea (“Hosea”) (collectively, “Defendants”) for damages arising out of a multi vehicle accident. The complaint alleges Calhoun, who was acting in the course and scope of his employment with Burner at the time of the accident, and Hosea were engaged in a road rage altercation that caused the subject collision. The complaint includes a praye...

Excerpt: ...s Figueroa (“Defendant”) for damages arising from a motor vehicle accident. On March 9, 2021, Plaintiff filed proof of service of the summons and complaint showing Defendant was personally served on March 2, 2021. On May 6, 2021, Plaintiff obtained Defendant's default. Defendant now moves to set aside the default. Plaintiff opposes the motion. 2. Motion to Set Aside Default a. Evidentiary Objections In opposition to the motion, Plaintiff subm...

Excerpt: ...endant”) for damages arising from a motor vehicle vs. motorcycle accident. At this time, Plaintiff moves for an order enforcing settlement agreement. The motion is unopposed. Plaintiff attests the parties entered into a settlement agreement on Jun 2, 2020, that authorized the court to enforce the agreement pursuant to CCP § 664.6. Plaintiff asserts the agreement requires a two-part performance: first, payment of a $30,000.00 insurance policy l...

Excerpt: ...2021 1. Background On December 10, 2019, Plaintiff, Dennis A. McCornell (“Plaintiff”) filed this action against Defendant, Los Angeles County Metropolitan Transportation Authority (“Defendant”), erroneously sued as Metropolitan Transportation Authority (Metro MTA), alleging Defendant's bus driver/employee hit Plaintiff in the back on May 14, 2019. The complaint asserts causes of action for (1) general negligence, (2) intentional tort, (3)...

Excerpt: ...ule (“Rule”), Susan Sandler, and Robert Sandler for damages arising from a motor vehicle accident. Plaintiff asserts that at the scene of the accident, an officer's body worn camera captured Rule admitting to being on Lithium and other things, so Plaintiff served written discovery to inquire into this matter, but Rule refused to provide code-compliant responses to Plaintiff's request for admissions (“RFAs”), set two, Nos. 12 and 22. On Ma...

Excerpt: ...ega and Harry Sungmin Hearn Jr. (“Hearn”) for damages arising from a motor vehicle accident. Hearn moves for terminating sanctions against Martinez dismissing Martinez's claims because of Martinez's misuse of the discovery process by failing to serve responses to initial discovery and failing to comply with the court's August 24, 2021, order pertaining to Martinez's motion to compel initial responses to the subject discovery. 2. Motion for Te...

Excerpt: ...ba Galpin Volkswagen (“Defendant”) alleging causes of action for negligence and premises liability. The complaint alleges that Defendant allowed its premises to be in an unsafe and dangerous condition, which caused Plaintiff to be injured on the premises. Defendant now moves for summary judgment. Any opposition to the motion was due on or before November 16, 2021. As of November 19, 2021, no opposition has been received by the court. 2. Motio...

Excerpt: ...(“Defendant”) for negligence and premises liability. On March 12, 2021, Defendant filed an answer to the complaint. At this time, Defendant moves for leave to file a First Amended Answer (“FAA”). Plaintiff opposes the motion. 2. Motion for Leave to Amend Answer CCP § 473(a)(1) provides, in relevant part: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by ad...

Excerpt: ...N Holdings, LLC (“EAN”) for damages arising from a motor vehicle vs. pedestrian accident. The complaint alleges a single cause of action for motor vehicle negligence. At this time, Defendant EAN moves for judgment on the pleadings. The motion is unopposed. EAN contends that vicarious liability based on permissive use as a basis for liability on the part of a rental car agency has been preempted and eliminated as a basis for liability against ...

Excerpt: ...ly, and as Successor-in-Interest to the Estate of Kamryn Stone, and Kristie Campbell-Stone (collectively, “Plaintiffs”) filed this action against Defendant, Rose Bowl Operating Company (“RBOC”), ABM Industries Incorporated, and Don Wayne Davenport (“Davenport”) for related to the alleged wrongful death of Decedent, Kamryn Stone (“Decedent”). The complaint alleges Decedent was at the Rose Bowl stadium on September 14, 2019, in the ...

Excerpt: ... relating to Kurt Moeder's fall through Defendant's roof while working on the property. Defendants, at this time, move to compel Plaintiff Kurt Moeder (“Plaintiff”) to submit to a neuropsychological medical examination with Carla Back-Madruga Ph.D. on the grounds Plaintiff is claiming psychological and psychiatric injuries including depression, social withdrawal, sleep disturbances, and mood changes as a result of the accident. Defendants pro...