Excerpt: ...�Mena”), and Avis Budget Car Rental, LLC (“Avis”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. The complaint alleges causes of action for motor vehicle and general negligence. Defendants now move for a protective order related to Plaintiff's deposition notice for the Person Most Knowledgeable (“PMK”) at Avis served on Defendants on August 27, 2021. Plaintiff opposes the motion. As of October 7, 202...

Excerpt: ...d this action against Defendant, Thomas Ton (“Ton”) and Mercury Insurance Company (“Mercury”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. On June 29, 2021, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for (1) personal injuries, (2) insurance fraud, and (3) manslaughter. Defendants now each demur to the FAC in its entirety. The demurrers are largely identical and wi...

Excerpt: ...tentional tort and (2) negligence. On June 8, 2021, Plaintiff filed his 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 Plan, Inc. The complaint alleges Plaintiff accompanied her husband to a colonoscopy of Kaiser's facility on September 1, 2020, and Plaintiff was barred from the building ...

Excerpt: ...nt, Kenneth Douglas Kochakji (“Defendant”) for damages arising from a motor vehicle vs. pedestrian accident on November 23, 2019. Plaintiff, at this time, seeks to quash three deposition subpoenas issued by Defendant to T-Mobile USA, Inc. (“T-Mobile”), Meritain Health (“Meritain”), and the Cheesecake Factory (“Cheesecake”) on August 10, 2021. Defendant opposes the motion, and Plaintiff filed a reply. Plaintiff asserts the subpoena...

Excerpt: ...llectively, the “Corella Plaintiffs”) filed Case No. 19STCV24638 against Defendant, Southern California Edison Company (“Defendant” or “SCE”) for injuries Corella sustained when an electricity panel box exploded. Plaintiffs, Edward Hano (“Hano”) and Denise Hano (collectively, the “Hano Plaintiffs”) filed Case No. 19STCV25002 against SCE for damages arising out of the same incident. On October 28, 2019, the court deemed the act...

Excerpt: ...endant”), erroneously sued herein as Starbucks Coffee Company, alleging a single cause of action for negligence. The complaint alleges that on November 14, 2019, Plaintiff ordered a hot tea from Defendant's store, which was served to Plaintiff in two paper Starbucks cups stacked on top of one another with tea bags resting in hot water. A lid was then placed on top over the strings attached to the tea bags. When Plaintiff went to take a drink of...

Excerpt: ...inistrative Services Cooperative, Inc. (collectively, “Defendants”) for damages arising from a pedestrian vs. motor vehicle accident. Defendants 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 initial discovery and failing to comply with the court's June 9, 2021, Order pertaining to Defendants' motion to compel initial res...

Excerpt: ...Cruz”) and Daniel Guillen filed this action against Defendants, Beverly Hills Physicians, Tsung-Lin Roger Tsai, M.D., and Maher Anous, M.D. for medical malpractice and loss of consortium. Plaintiffs' First Amended Complaint alleges that on August 13, 2018, Cruz consulted and engaged Defendants to be her medical surgeons for cosmetic surgery procedures, but Defendants negligently treated and caused injury to Cruz. On January 26, 2021, Defendant ...

Excerpt: ...than”), a minor, by and through his guardian ad litem, Patricia Nathali, (collectively, “Plaintiffs”) filed this action against Defendants, Con-Way Freight Inc. (“Con-Way”), XPO Logistics Freight (“XPO”), and Jose Nunez Hernandez (“Hernandez”) for damages arising from a collision between a train and tractor trailer. On April 14, 2017, Plaintiffs filed the operative First Amended Complaint (“FAC”) alleging the crash occurred ...

Excerpt: ...nt”) for damages arising out of a trip and fall on the public sidewalk. The complaint alleges that Plaintiff tripped on a raised concrete slab of sidewalk, and that as Plaintiff was attempting to catch herself before she fell, Plaintiff subsequently tripped on a raised manhole cover. The complaint alleges causes of action for (1) negligence under Government Code § 815.2(a) and (2) dangerous condition of public property. At this time, Defendant...

Excerpt: ...ate Farm”) filed this petition to commence and enforce discovery against Respondent, Carlos Sajche (“Sajche”) in connection with an uninsured motorist claim. State Farm provides Sajche email served form interrogatories, special interrogatories, requests for admission, and request for production of documents, sets one, on State Farm on April 19, 2021. Following attempts to meet and confer concerning the waiver of objections, State Farm serve...

Excerpt: ...Angeles and Richard Curry (collectively, “Defendants”) for damages arising from a motor vehicle accident. Plaintiff, at this time, moves to quash Defendants' deposition subpoenas served on USAA General Indemnity (“USAA”) and Hertz Claim Management Corporation (“Hertz”) seeking Plaintiff's insurance and employment records, respectively. Defendants oppose the motion. As of September 30, 2021, no reply has been filed. Plaintiff contends ...

Excerpt: ...Wolff”), Lawrence A. Wolff, DDS, Inc., and Hospital Dental Surgery Center for (1) professional negligence, (2) lack of informed consent, and (3) medical battery arising out of surgical procedures performed by defendants on March 24, 2017, and August 11, 2017. Plaintiff alleges that on September 4, 2015, Plaintiff went to A to Z Dental (“A to Z”) for a consultation for getting dentures and was told the cost would be $2,000. Plaintiff was giv...

Excerpt: ... Delgado (“Delgado”), Jorge Ortiz-Perez (“Perez”), and Allied Trade Group for damages arising from a motor vehicle accident. The operative First Amended Complaint (“FAC”) alleges causes of action for (1) negligence and (2), motor vehicle negligence. Delgado was allegedly operating the vehicle that collided with Plaintiff's vehicle and was working in the course and scope of his employment with Perez at the time of the accident. The com...

Excerpt: ...rshidi (“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 employee, (4) negligence, (5) false...

Excerpt: ...amdar MD Inc., Lawrence DeLasotta MD, and United Medical Imaging Inc. (collectively, “Defendants”) for medical malpractice. Plaintiff alleges Defendants delayed in diagnosing Plaintiff with thyroid cancer, and as a result of that delay, Plaintiff lost her voice. Defendants Bina Kamdar, MD and Bina Kamdar MD Inc. (the “Kamdar Defendants” or “Moving Defendants”) now move for summary judgment. Plaintiff opposes the motion, and Moving Def...

Excerpt: ...alifornia Pizza Kitchen, Inc. for damages relating to Plaintiff's alleged trip and fall over an improperly secured storm drain. The complaint alleges a single cause of action for premises liability. On March 9, 2021, Plaintiff filed an Amendment to Complaint naming Doe 2 as Evergreen Cleaning Systems, Inc. (“Evergreen”). Evergreen, at this time, moves to strike the Doe amendment. Plaintiff opposes the motion, and Defendant filed a reply. Ever...

Excerpt: ...ion against Defendants, Kaiser Foundation Hospitals doing business as Kaiser Foundation Hospital – Downey, Kaiser Foundation Health Plan, Inc., Southern California Permanente Medical Group, and Joseph Fisch, M.D. (collectively, “Defendants”) for damages related to the alleged wrongful death of Plaintiffs' child, Quincy Vaughn, arising from the June 10, 2020, birth of Plaintiffs' child. The complaint alleges causes of action for (1) wrongful...

Excerpt: ...dant”) alleging causes of action for motor vehicle and general negligence. At this time, Defendant moves to strike the entire complaint. The motion is unopposed. Defendant moves to strike the complaint on the ground it does not comply with CCP §§ 128.7 and 446 because while the complaint was purportedly filed by Plaintiff in pro per, the complaint was not actually signed by Plaintiff or an attorney retained by Plaintiff. Defendant contends Pl...

Excerpt: ...Inglewood (“Defendants”) for damages relating to Plaintiff's alleged trip and fall on a public sidewalk. On April 15, 2021, the court held an Order to Show Cause re: Dismissal for Failure to File Proof of Service (the “OSC”). There were no appearances by or for either side. The court ordered the complaint dismissed without prejudice pursuant to CCP § 581(b). On August 26, 2021, Plaintiff filed the instant motion to set aside dismissal. P...

Excerpt: ...ery Company dba Food 4 Less for damages arising out of a slip and fall on Defendant's property. Plaintiff alleges she slipped on a liquid substance left on the floor by a cashier, and that rather than calling for medical assistance, Defendant negligently called a taxicab for Plaintiff to take her home. Plaintiff allegedly fell again while exiting the taxicab because she could not walk. The complaint alleges causes of action for negligence and pre...

Excerpt: ...Recycling, and Albert Perez for damages arising from a three-vehicle accident. The complaint alleges claims for (1) negligence, including claims for motor vehicle negligence, negligent entrustment, negligent training, negligent undertaking, negligent supervision and negligent retention, and (2) negligence per se. Defendants Perez Paper Recycling (“PPR) and Albert Perez (“Perez”) (collectively, “Perez Defendants”) now move for summary ju...

Excerpt: ... of Los Angeles (“Defendant”) 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 demurs to the FAC on the ground Plaintiff did not comply with the Government Claims Act's (the “Act”) statute of limitations. Defendant asserts the FAC alleges Plaintiff...

Excerpt: ...nd Yang Keun Yu (“Yu”) (collectively, “Defendants”) for damages arising from a motor vehicle accident At this time, Plaintiff moves to quash business records subpoenas served on five of Plaintiff healthcare providers. The subpoenas were issued on June 11, 2021, with a production date of July 9, 2021. Plaintiff contends the subpoenas are overbroad and violate Plaintiff's right to privacy because the subpoenas seek all medical records and d...

Excerpt: ...ndants, Luisa M. Betancourt (“Luisa”) and Eduardo Molina Betancourt (“Eduardo”) for subrogation. On January 22, 2021, Plaintiff filed a Request for Dismissal as to Luisa only dismissing Luisa with prejudice. On April 28, 2021, the court signed and filed a Stipulation for Settlement and Order signed by Eduardo, Plaintiff, and their counsel. On August 18, 2021, Plaintiff filed the instant motion to enforce settlement agreement against Eduar...

Excerpt: ...n against Defendants, Tokyo Delve's Sushi Bar; Mario Mira; Lana Petrosyan; John Doe 1; John Doe 2; John Doe 3, and John Doe 4 (“Defendants”) on October 22, 2019, for damages related to an alleged physical assault and battery by Tokyo Delve Sushi Bar. On August 3, 2021, an Order to Show Cause (“OSC”) re: Dismissal for Failure to File Proof of Service was held, and after there were no appearances by or for either side, the court dismiss the...

Excerpt: ...ng a single cause of action for negligence. The complaint alleges that on May 25, 2021, Plaintiff was at a store, and while shopping, observed Defendant inside the store with Defendant's dog, which was not a service animal. When Plaintiff was in line behind Defendant, Defendant's dog attacked and bit Plaintiff. The complaint includes a prayer for punitive damages. At this time, Defendant moves to strike the punitive damages. On September 21, 2021...

Excerpt: ...efendant, Abraham Amichai (“Defendant”) for damages arising from a motor vehicle accident. On July 27, 2021, Defendant filed the instant motion for an order setting the deposition fee of Dr. Payam Vahedifar, M.D. (“Dr. Vahedifar”). Dr. Vahedifar opposes the motion, and Defendant filed a reply. Defendant contends Dr. Vahedifar is attempting to charge $2,500 for his deposition in this case, which is unreasonable and exceeds the fees of othe...

Excerpt: ...lio Jimenez (“Jimenez”), and Fleet Logic, LLC. dba Velocity Truck Rental and Leasing for damages arising from a motor vehicle accident. The First Amended Complaint (“FAC”) alleges causes of action for (1) negligence/negligence per se, (2) negligent entrustment, and (3) negligent hiring and supervision. On July 21, 2021, Defendant Jimenez filed his answer to the FAC asserting a general denial and 29 affirmative defenses. Plaintiff now demu...

Excerpt: ...��Plaintiff”), a minor, by and through her Guardian Ad Litem, Micaela Moore, filed this action against Defendants, Phillip Zangwill d/b/a Reseda Discount Pottery (“Zangwill”) (erroneously named as EPJ, Inc. d/b/a Reseda Discount Pottery), Robert Werdann and Associates Inc. d/b/a Sequoia Landscape (“Werdann”), and Clariza Mullins (“Mullins”) for negligence, premises liability, and products liability. On September 14, 2020, Plaintiff ...

Excerpt: ...s action against Defendant, Alberto Rodriguez for damages arising from a motor vehicle accident that allegedly occurred on August 31, 2019. Plaintiffs, at this time, move to quash Defendant's deposition subpoenas served on Providence Medical Institute – Billing (“Providence”) requesting records concerning each Plaintiff. Defendant opposes the motion. As of September 21, 2021, no reply has been filed. As an initial matter, the court notes th...

Excerpt: ...d this 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 retenti...

Excerpt: ...ngianese for damages arising from a motor vehicle accident. Matthew Langianese (“Defendant”) now moves to continue the current trial date of December 15, 2021, to April 18, 2022, or a date thereafter. The motion is unopposed. Service The Court notes that service was effected only via email. Defendant's Proof of Service indicates that electronic service is necessary, as counsel's office is working remotely due to the COVID-19 pandemic, and tha...

Excerpt: ... 2019, plaintiff Lucy E. Mathews (“Plaintiff”) slipped and fell on a public sidewalk (the “Subject Premises”) owned by defendant City of Los Angeles (“Defendant” and/or “City”) due to a dangerous condition on said property. Plaintiff filed this action's complaint (“Complaint”) on May 19, 2020, against Defendant City and Access Services (“Access”), alleging causes of action for: 1) Liability For Dangerous Condition Of Publi...

Excerpt: ...ground This action arises out of an in-home care session, in which physical therapy assistant, Defendant Kevin Tanaka (“Tanaka”), assisted Plaintiff Richard Mupenzi (“Mupenzi”), with prescribed passive range of motion exercises. Plaintiff is a 25 year-old male with a medical history of cerebral palsy, seizures, blindness, developmental delay, and severe scoliosis of the spine. On April 29, 2019, during the course of prescribed physical th...

Excerpt: ...mber 23, 2021 1. Background On August 29, 2019, plaintiff Dashiell Hammer, a minor by and through his Guardian Ad Litem, Sahar Malek, Esq. (“Plaintiff”), filed this action's complaint (“Complaint”) against defendant Southern California Alcohol and Drug Programs, Inc. (“Defendant” and/or “SCADP”). The Complaint alleges two causes of action based in negligence. The Complaint's first cause of action alleges SCADP is directly liable f...

Excerpt: ... Monica, LLC (“Defendant”) for negligence, products liability, and premises liability. The complaint alleges that on January 27, 2021, Plaintiff was performing exercise related activities for his own personal use and benefit at Defendant's fitness location center. When Plaintiff was using a metal contraption device believed to be a wall mount anchor, it became unattached to the wall and hit Plaintiff in the right eye and face. At this time, D...

Excerpt: ... Holdings, LLC (“EAN”) for damages relating to a motor vehicle accident that occurred on April 2, 2019. The complaint alleges causes of action for motor vehicle and general negligence. Defendant EAN now demurs to the complaint arguing the complaint fails to state a cause of action because the complaint merely alleges conclusory allegations, and because under 49 U.S.C. §30106 (the “Graves Amendment”) a rental car company and its affiliate...

Excerpt: ...aintiffs”) filed this action against Defendants, Crunch Fitness and Harman Fitness, LLC for wrongful death. The complaint alleges Decedent Anthony Joseph Aramouni (“Decedent”) was exercising at Crunch Fitness on January 9, 2018, when he began to suffer cardiac arrest. Defendants allegedly failed to respond appropriately to Decedent's cardiac arrest and Defendants did not have an automatic external defibrillator (“AED”) device or program...

Excerpt: ...s Santos, Robert T. Moran, and Teresa Moran for damages arising from a motor vehicle accident. On July 7, 2019, a Notice of Settlement of Entire Case was filed, and on August 7, 2019, a Request for Dismissal of the entire action was filed. The dismissal was entered on August 12, 2019. On May 27, 2021, Plaintiff filed the instant motion to set aside dismissal and relief from settlement. Defendants Remy Michael Moran Dos Santos (“Dos Santos”) a...

Excerpt: ...g out of three separate automobile accidents. BC658162, filed against defendants Malcolm S. Watson a.k.a. Malcolm Sinclair Watson; Candace Seals; and Thomas Blanton Null a.k.a. Thomas Null, arises out of accidents that occurred on April 30, 2015, and January 6, 2016. 20STCV00674 filed against defendants Curtis Franklin Hughes and Bassam Michael Naber, arises out of a subsequent accident that occurred on August 31, 2019. Plaintiff complains of ove...

Excerpt: ...rance Company as real party in interest (“American Claims Management”), filed this action against defendants Memo's Scaffolding Norwalk, Inc. and Bernard's Construction Group, Inc. for damages arising out of a workplace accident that injured Jose Luis Guzman. Jose Luiz Guzman (“Guzman”), as plaintiff in intervention, brings claims against Memo's Scaffolding Norwalk, Inc., Bernard's Construction Group, Inc., and Selma and Vine North Hollyw...

Excerpt: ...inst Defendant, Luis Alanjo Cardenas 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. On June 10, 2021, Plaintiff filed the instant motion to set aside dismissal pursuan...

Excerpt: ...io, Hertz, Kramer Cruz, Uber Technologies, Inc. (“Uber”), Lyft, Inc. for damages arising from a motor vehicle accident. On July 6, 2021, the court heard Defendant Uber's motions to compel initial responses to request for production of documents (“RPDs”), set one, against Plaintiff, which the court found to be moot in light of responses served by Plaintiff prior to the hearing. The court, however, noted in the ruling: “There will be no I...

Excerpt: ...ortes”) and Avis Rent a Car System, LLC, sued as Avis Budget Car Rental, LLC, alleging causes of action for damages arising from a motor vehicle accident. The complaint alleges causes of action for motor vehicle and general negligence. At this time, Avis Rent a Car System, LLC (“Avis”) moves for summary judgment. Any opposition was due on or before September 6, 2021. As of September 14, 2021, no opposition has been filed and no objections h...

Excerpt: ...is action against Defendants Majestic Realty Company, Pacific Palms Resort, and City of Industry (the “City”) for negligence and premises liability. The complaint alleges that Defendants failed to repair and maintain the fence at 1 Industry Hills Parkway, City of Industry, California 91744 (the “Property”), which resulted in the iron fence collapsing upon Marcelino Osorio (“Osorio”), who was working in the course and scope of his empl...

Excerpt: ...nc. (“Defendants”) for damages arising from Plaintiff's slip and fall on Defendant's property. On May 14, 2021, the 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 complaint without prejudice pursuant to CCP § 583.410. On May 25, 2021, Plaintiff filed the instant motion to set aside dismissal. Plaintiff asser...

Excerpt: ...vedra for damages arising out of a multi-vehicle accident. On June 8, 2021, Plaintiff filed an Amendment to Complaint naming Doe 1 as Daniel Rosas (“Rosas”). At this time, Rosas moves to quash Plaintiff's deposition subpoena served on Bristol West Insurance Services of California, Inc. (“Bristol”) on July 28, 2021. Plaintiff opposes the motion. As of September 14, 2021, no reply has been received by the court. Rosas contends Plaintiff's s...

Excerpt: ...ndant”) for damages arising out of Plaintiff's trip and fall outside Defendant's store. The complaint alleges that on June 15, 2018, Plaintiff was walking towards the entrance of Defendant's store when her foot got caught in a sizeable gap between the normal sidewalk and a section of truncated domes. The pavement containing the truncated domes was allegedly significantly higher than the surrounding paved surface, with a gap in the pavement betw...

Excerpt: ...don”) and the Roxbury Clinic & Surgery Center (the “Clinic”) (collectively, “Defendants”) for damages relating to a fat transfer surgery. On September 19, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) assault and battery and (2) intentional infliction of emotional distress (“IIED”). The Clinic now moves for summary judgment as to the FAC. The motion is unopposed. 2. Motion ...