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: ...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: ...��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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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 ...