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