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