Excerpt: ... Hyun Park (“Park”) and Han Kim (“Kim”) (collectively, “Plaintiffs”) filed this action against defendants Fidelity Management Services, Inc., Regent's Court Homeowners Association, David Ungemach (“David”), Frank Ungemach (“Frank”), Kathleen Gilliland (“Gilliland”), Ungemach and Gilliland Family Trust (the “Trust”), erroneously sued as “Ungebach”, and Andi Benton (“Benton”) for damages arising from a dog bite i...

Excerpt: ...endants Albertson's, Inc., Safeway, Inc., and the Vons Companies, Inc. for damages relating to Plaintiff's slip and fall in defendants' store. The complaint alleges a single cause of action for premises liability. On August 31, 2021, Defendant the Vons Companies, Inc. (“Defendant”) filed a motion for summary judgment directed at Plaintiff's complaint arguing that while Plaintiff asserts she slipped on liquid hand soap, the evidence shows that...

Excerpt: ... Max Miller (“Max”) (collectively, “Plaintiffs”) filed this action against Defendant, Brandon Charles Giordano (“Defendant”) for damages arising out of an automobile accident. At this time, Defendant moves for terminating sanctions against Plaintiffs based on Plaintiffs' failure to comply with the court's July 7, 2021 Order, requiring Plaintiffs to respond to form interrogatories, special interrogatories, and request for production of...

Excerpt: ... action against Defendant, Thomas Ton (“Ton”) and Mercury Insurance Company (“Mercury”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. On September 30, 2021, Plaintiff filed a Motion to Reconsider Request for Entry of Default. Plaintiff then filed an Amended Motion to Reconsider Request for Entry of Default on October 1, 2021. Mercury opposes the motion, and Plaintiff filed two replies which appear ide...

Excerpt: ...��Cubas”) 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. At this time, Cubas filed the instant Motion for Discovery Orders and Sanctions seeking an order that attorney Wilfred J. Killian (“Killian”) cannot use in this or any other case...

Excerpt: ...t”) for damages arising from a motor vehicle accident. On October 14, 2021, the parties participated in an Informal Discovery Conference (“IDC”) concerning Plaintiff's requests for admissions (“RFAs”), set one, and form interrogatories, set two; however, the discovery disputes were not resolved. On October 19, 2021, Plaintiff filed the instant motion to compel further responses to RFAs, set one, and form interrogatories, set two. Defend...

Excerpt: ... Cents Only Stores, LLC (“Defendant”) alleging causes of action for negligence and premises liability. The complaint alleges that Defendant negligently owned, controlled, maintained, and operated its premises such as to cause Plaintiff to slip and fall. 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 entitled to summar...

Excerpt: ...ugo 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. The motion is unopposed. 2. Motion for Summary Judgment Defendants move for summary judgment on the co...

Excerpt: ... (“Lyft”) for damages arising from a motor vehicle accident. On November 3, 2020, Plaintiff filed an Amendment to Complaint naming Alfredo Llamas (“Llamas”) as Doe 1. At this time, Llamas moves to disqualify Plaintiff's counsel of record, Wilshire Law Firm. Plaintiff opposes the motion, and Llamas filed a reply. Llamas asserts that Wilshire Law Firm (“Wilshire”) is prohibited from representing Plaintiff because Elissa Best (“Best”...

Excerpt: ... Case No. BC665206 against Defendants, Gerardo Martinez (“Martinez”) and Altitude, Inc. (“Altitude”) for damages arising from a motor vehicle accident. On October 20, 2020, Petitioner Mercury Insurance Group (“Mercury”) filed the petition in 20STCV40249 to compel arbitration of uninsured motorist claim against the Sanchezes. The two cases have been deemed related and are pending in Department 31. (Min. Order relating cases, April 23, ...

Excerpt: ...ion against Defendant, Dosner, LLC (“Dosner” or “Defendant”) alleging causes of action in subrogation for negligence and premises liability. The complaint alleges that on December 22, 2018, Defendant negligently maintained, managed, controlled, owned, and failed to warn of a dangerous condition such that a wet and slippery floor caused Ninfa Gonzalez (“Gonzalez”) to slip and fall. At the time of the incident, Gonzalez was in the cours...

Excerpt: ... Sfok Ha (“Ha”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. The complaint alleges causes of action for (1) negligence against Defendants and (2) negligent entrustment against Ha. Defendant now demurs to the complaint arguing the second cause of action negligent entrustment fails to state facts sufficient to constitute a cause of action. Plaintiff opposes the demurrer and Defendant filed a reply. 2. Demu...

Excerpt: ...y”) and County of Los Angeles for injuries Plaintiff sustained while riding his bike on a public sidewalk. The complaint alleges Plaintiff was on his bike when he struck a dangerous condition on the sidewalk. The City now moves for summary judgment. Plaintiff opposes the motion, and the City filed a reply. In the City's reply, it asserts Plaintiff did not timely serve his opposition to the motion and so it should not be considered. However, giv...

Excerpt: ...ed this action against Defendant, Thomas Albanese (“Defendant”) for damages arising from a motor vehicle accident. The complaint alleges a single cause of action for negligence. Defendant now moves for summary judgment. Any opposition to the motion was due on or before October 27, 2021. To date, no opposition has been filed with the court. 2. Motion for Summary Judgment a. Moving Argument Defendant argues he is entitled to summary judgment be...

Excerpt: ...iago”), Plaintiff Guadalupe Quinero (“Quinero”) filed this action against Defendant, Federal Express Corporation (“FedEx”) and Randall Albert Begay (“Begay”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. Defendants now move for terminating sanctions against Plaintiffs dismissing each of Plaintiffs' claims against Defendants because of Plaintiff's misuse of the discovery process by failing to ser...

Excerpt: ...Defendants, Delorean Dezmarr Beamon and Hertz Vehicle, LLC (collectively, “Defendants”) on August 13, 2019, for damages arising from a motor vehicle accident. On July 1, 2021, an Order to Show Cause re: Dismissal for Failure to File Proof of Service (the “OSC”), and after there were no appearances by or for either party, the court ordered Plaintiffs' operative First Amended Complaint dismissed without prejudice. The dismissal was pursuant...

Excerpt: ...Tai Tieu (“Defendant”) for damages arising from a motor vehicle accident. On November 13, 2020, Defendant filed the instant motion to compel defense medical examinations of Plaintiff. Plaintiff opposes the motion, and Defendant filed a reply. Defendant seeks an order compelling Plaintiff to appears for independent medical examinations (“IME”) with (1) Dr. Luke Macyszyn, M.D., (2) Dr. Nicolas Rose, M.D., (3) Dr. C. Phillip O'Carroll, M.D. ...

Excerpt: ...e, Inc. (“KAM'S”) for damages arising from a motor vehicle accident. On April 30, 2019, this matter was consolidated with Case No. 17STLC00906, which concerned an action filed by the passenger in Plaintiff's vehicle, Abel Vasquez (“Vasquez”), at the time of the subject accident. On April 21, 2021, Vasquez filed a Request for Dismissal dismissing his entire complaint. On May 11, 2021, Szakall obtained Kam's default. At this time, Kam's mov...

Excerpt: ...apital Group Global, et al. for damages arising from a slip and fall at the Plaza West Covina Mall on May 31, 2015. The complaint alleges causes of action for premises liability and negligence. At this time, Plaintiff moves for Summary Adjudication as to the Issue of Liability [Duty and Breach] against defendants JLK Kim & Sons, Inc., dba Tutti Frutti (“JLK KIM”), Plaza West Covina, LP (“Plaza”), and Nationwide Janitorial Services, Inc. (...

Excerpt: ...tners, LLC, ABM Industries, Inc., CBRE, Inc., and Interstate Cleaning Corporation for negligence and premises liability. At a Trial Setting Conference on December 16, 2020, Plaintiff's counsel represented additional time was needed to serve Defendants, and the court set an Order to Show Cause re: Dismissal for Failure to File Proof of Service for April 22, 2021 (the “OSC”). At the OSC there were no appearances by or for Plaintiff. The court n...

Excerpt: ...ank”), erroneously served and served as Union Bank, and Kamran Qureshi (“Qureshi”) (collectively, “Defendants”) for damages arising out of Plaintiff's slip and fall in Defendants' property. At this time, Defendants move for a protective order excusing Union Bank from responding to Plaintiff's special interrogatories, set six, requests for production of documents (“RPDs”), set eight, supplemental interrogatories, set two, and supplem...

Excerpt: ...ndant”) for damages relating to Plaintiff's alleged trip and fall on a sidewalk. On August 19, 2021, Plaintiff filed a First Amended Complaint (“FAC”) asserting causes of action for (1) governmental liability and (2) premises liability. Defendant demurred to the FAC, and on September 30, 2021, the court issued an order sustaining the demurrer. In pertinent part, the court held: Defendant's demurrer to the FAC is sustained. The burden is on ...

Excerpt: ...erly Known as Citrus Valley Health Partners, Inc., erroneously sued as Emanate Health Inter- Community Hospital, (“Emanate”) and Augusto Cigliano, M.D. (“Cigliano”) (collectively, “Defendants”) 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...

Excerpt: ...“JY”) (collectively, “Defendants”) for damages arising from a vehicle and motorcycle accident. On September 22, 2021, the court issued an order granting Defendant Park's motion to deem request for admissions (“RFAs”), set one, admitted against Plaintiff. Plaintiff, at this time, moves to be relieved from the deemed admissions. Defendants oppose the motion. CCP § 2033.300 states: (a) A party may withdraw or amend an admission made in ...

Excerpt: ...tion against Defendant, Marriott International, Inc. (“Defendant”), et al. for damages relating to a slip and fall on Defendants' property. The Complaint alleges causes of action for (1) general negligence, (2) premises liability, (3) loss of consortium, and (4) negligent infliction of emotional distress. Defendant now demurs arguing the complaint does not state sufficient facts to pierce the corporate veil under the alter ego theory and attr...

Excerpt: ...Super Center Concepts, Inc., dba Superior Grocers (“Defendant”) for damages arising out of a slip and fall in Defendant's grocery store on September 9, 2019. The complaint alleges a single cause of action for premises liability. Defendant now moves for summary judgment. Plaintiff opposes the motion, and Defendant filed a reply. 2. Motion for Summary Judgment a. Moving Argument Defendant contends that Plaintiff's slip and fall occurred without...

Excerpt: ...ner”) filed a Petition for Leave to File a Late Claim against Respondent, State of California, Department of Transportation (“Respondent”). The petition alleges that on December 6, 2018, Petitioner's brother, Alfredo Rivera (“Decedent”), was driving on Interstate 15 in Nipton, California, when his vehicle spun out and collided with a tractor truck on the right shoulder. In opposition, Respondent requests the matter be transferred to San...

Excerpt: ...ction 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 operative First Amended Complaint alleges a cause of action for “Wrongful Death AND Negligent Infliction of Emotional Distress (Medical Malpractice).” Defendant Farid Yasharpour, M.D. (“Defendant”) now moves to strike the words Negligent Infliction of Emotional...

Excerpt: ...�) and Faina Neveleva (“Neveleva”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. On August 26, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging a single cause of action for negligence. The FAC includes a prayer for punitive damages. Defendants now move to strike the punitive damages. Plaintiff opposes the motion, and Defendants filed a reply. Defendants argue the FAC vaguel...

Excerpt: ... SS Properties, LLC (“El Monte”) alleging causes of action for negligence and premises liability. On October 17, 2019, Plaintiff filed an Amendment to Complaint naming Temple CB, LLC (“Temple”) as Doe 1. On December 26, 2019, Plaintiff then filed a Request for Dismissal as to El Monte only. An Order to Show Cause re: Dismissal for Failure to Enter Default was held on June 8, 2021 (the “OSC”), and after there were no appearance by or f...

Excerpt: ...nc. (collectively, “Defendants”) for damages arising from a motor vehicle vs. pedestrian accident. Defendants now move for terminating sanctions against Plaintiff dismissing Plaintiff's complaint because of Plaintiff's misuse of the discovery process by failing to serve responses to ML Couriers' initial discovery and failing to comply with the court's July 26, 2021, and July 27, 2021, orders pertaining to ML Courier's motions to compel initia...

Excerpt: ...fendant, YMCA of Metropolitan Los Angeles (“Defendant”) alleging causes of action for negligence and premises liability. The complaint alleges Plaintiff slipped and fell on Defendant's property after encountering a dangerous condition. In particular, Plaintiff alleges that while at a sink to brush her teeth, Plaintiff helped someone to her left remove paper towels to dry their hands. After Plaintiff helped that person, Plaintiff stepped backw...

Excerpt: ...item, Luna Kurdy, (collectively, “Plaintiffs”) filed this action against Defendants, Tanner John Haynes and Alan Douglas Haynes (collectively, “Defendants”) for damages arising from a motor vehicle. Plaintiff Bostadjian moves for trial preference on the grounds she is under 14 years old and has a substantial interest in this case. Plaintiff moves for preference pursuant to CCP §36(b). CCP §36(b) provides: “A civil action to recover da...

Excerpt: ... Defendants, Akikur Reza Mohammad, M.D. and Malibu California Model Drug Treatment Center, Inc. dba Inspire Malibu for professional negligence. At this time, Defendant Akikur Reza Mohammad, M.D. (“Mohammad”) moves for an order requiring Plaintiff to post a bond for $50,000.00 pursuant to CCP § 1030. Plaintiff opposes the motion, and Defendant filed a reply. Mohammad asserts Plaintiff is a resident of Ohio, and that Mohammad has a reasonable ...

Excerpt: ...nited Valet Parking, Inc., and Bryan Man for damages arising from a motor vehicle accident. At this time, Defendant Bezuayehu Yohannes Tekele (“Defendant”), incorrectly named as Bezuaehu Yotannes in the complaint, moves to quash service of the summons and complaint on him asserting service of such was improper. Plaintiff opposes the motion, and Defendant filed a reply. Defendant asserts he was no longer employed by United Valet Parking, Inc. ...

Excerpt: ...menez-Lopez and Lyft, Inc. (“Lyft”) for damages arising from a motor vehicle accident. Plaintiff asserts that on August 27, 2021, Lyft served subpoenas on Lakewood Regional Medical Center, Lakewood Regional Medical Center - Billing, and Lakewood Regional Medical Center – X-Rays (collectively, “Lakewood Regional”) requesting business records pertaining to Plaintiff. Plaintiff moves to quash the subject subpoenas. Lyft opposes the motion....

Excerpt: ...elating 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 provi...

Excerpt: ... action against Defendant, George Anderson (“Defendant”) for damages arising from a motor vehicle accident. At this time, Defendant moves to compel Plaintiff's deposition. Additionally, Defendant moves to compel Plaintiff's physical examination. Any opposition to the motions was due by October 7, 2021. As of October 14, 2021, no oppositions have been filed. 2. Motion to Compel Deposition Defendant asserts that he has attempted to notice Plain...

Excerpt: ...ogistics, LLC and Sebastian Vargas (collectively, “Defendants”) for damages arising from a motor vehicle accident. Defendants move to compel Plaintiff to submit to a neuropsychological medical examination with Dr. Dean Delis, Ph.D on the grounds that Plaintiff is claiming traumatic brain injury, psychological, and emotional injuries as a result of the underlying accident. Defendants assert Plaintiff originally stipulated to the exam but later...

Excerpt: ...ed this action against Defendants Kaiser Permanente Medical Center (“Kaiser”) and Modern Parking, Inc. (“Modern”) (collectively, “Defendants”) for negligence and premises liability. Plaintiffs alleged that on September 21, 2017, Magyar parked at the rooftop level of Kaiser's parking structure, which was in the possession and control of Modern, and that as Magyar proceeded to take the stairs down, she slipped and fell down the wet stai...

Excerpt: ...m Hodlco, LLC, Sears Holdings Corporation (“Sears”), Luxottica Retail North America, Inc., and Robert Dirksen, O.D. On September 3, 2019, Defendant filed a Notice of Stay of Proceedings. The Notice indicates the case is stayed “with regard to all parties” due to an “automatic stay caused by a filing in another court.” Sears included a copy of its Notice of Bankruptcy Filing and Imposition of Automatic Stay as an exhibit to its Notice....

Excerpt: ...les County Metropolitan Transportation Authority (“Defendant”) for motor vehicle and general negligence. The complaint alleges, “Defendants, and each of them, so negligently owned, maintained, hired and trained employees and agents, entrusted, and/or drove a motor vehicle, so as to cause injuries and damages to Plaintiff, a passenger on a bus operated by Defendants, and each of them.” (Compl. at p. 5.) Plaintiff provides that on August 13...

Excerpt: ...mages arising out of an automobile accident. On March 4, 2021, Defendant filed the instant motions to compel further responses to form interrogatories, set two, special interrogatories, set two, and request for production of documents (“RPDs”), set two. On September 14, 2021, the parties participated in an Informal Discovery Conference (“IDC”) regarding the subject discovery dispute. At the conclusion of the IDC, the parties agreed supple...

Excerpt: ...) and Salina Chan (“Chan”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. Trial is currently set for November 16, 2021. Defendants now move to reopen discovery and motion cut-off deadlines for the limited purpose of compelling Plaintiff to submit to orthopedic and mental examinations. Plaintiff opposes the motion, and Defendants filed a reply. Trial in this matter was previously set for July 21, 2021, with...

Excerpt: ...es the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) “The function of the pleadings in a motion for summary jud...

Excerpt: ...a”) for damages arising out of a motor vehicle accident. On April 9, 2019, Plaintiff filed an Amendment to Complaint naming Diebold, Inc. at Doe 5. Previously, on March 16, 2021, Plaintiff filed proof of service of the summons and complaint on Diebold Nixdorf, Inc. (“Diebold”) alleging personal service on Diebold on February 19, 2021. On April 13, 2021, the court held an OSC re: Dismissal for Failure to File Proof of Service/Failure to Pros...

Excerpt: ...itorial, Inc. (“SSJ”) and Does 1-50 for damages Plaintiff sustained when she slipped and fell while walking in a 24 Hour Fitness facility. On March 1, 2021, Plaintiff filed an Amendment to Complaint naming Kellermeyer Bergensons Services, LLC (“KBS”) as Doe 1, and on April 6, 2021, Plaintiff filed proof of personal service of the summons and complaint on KBS. On August 11, 2021, Plaintiff filed the operative First Amended Complaint (“FA...

Excerpt: ...ing from a motor vehicle accident. Defendant now moves for terminating sanctions against Plaintiff dismissing Plaintiff's complaint 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 Defendant's motion to compel initial responses to the subject discovery. 2. Motion for Terminating Sanctions Code of Civil Procedure § 20...

Excerpt: ...amages arising from a motor vehicle accident. On February 19, 2021, Plaintiff filed the instant motion to compel further responses to request for production of documents (“RPDs”), set two, against Defendant. On September 17, 2021, the parties participated in an Informal Discovery Conference (“IDC”) regarding the subject discovery dispute; however, the matter was not resolved. The sole request at issue in the motion is RPD No. 52, which re...

Excerpt: ...istopher Harding's deposition. Defendants assert they Plaintiff's deposition has been noticed and continued multiple times. Defendants provide that most recently, on May 28, 2021, Defendant noticed Plaintiff's deposition for June 21, 2021. (Mot. Exh. G.) However, June 21, 2021, Plaintiff did not appear for the deposition, and a certificate of non-appearance was taken. (Mot. Exh. M.) Defendants filed the instant motion on August 18, 2021. Plaintif...