Excerpt: ...Background Plaintiff, Jessica Barclay-Strobel (“Plaintiff”) filed this action against Defendants, Lyft, Inc., (“Lyft”) Joshua Lakey (“Lakey”), erroneously sued as Joshua Keileb, and Nahla Alsanea for damages arising from a motor vehicle vs. pedestrian accident. Plaintiff alleges Lakey was driving a vehicle on behalf of Lyft intending to pick-up Plaintiff but hit Plaintiff with his vehicle while looking for her. Plaintiff propounded fo...

Excerpt: ...ng Company, Inc., and Does 1 to 50 for damages arising out of an automobile accident. The complaint alleges causes of action for motor vehicle and general negligence On July 21, 2021, Plaintiff filed an Amendment to Complaint naming Doe 1 as Simonian Samvel (“Samvel”) using the Los Angeles Superior Court form, LASC LACIV 105. Defendant Samvel now demurs to the complaint arguing the Doe Amendment is invalid on its face because leave of court w...

Excerpt: ...itioner”), filed this action against Defendants, Orlando H. Pile, Orlando H. Pile, M.D., a professional medical corporation, and Deondra D. Johnson for damages arising out of an automobile accident. As a result of the accident, Claimant suffered quadriplegia, cognitive problems, including memory and information processing, depression, anger, agitation, and limited use of hands and fingers and pain. Claimant has not recovered completely as many ...

Excerpt: ...l. for damages relating to Plaintiff's trip and fall on a sidewalk. The complaint alleges causes of action for premises liability and negligence. The complaint 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 amount of time so that the entity in charge of the area knew, or should have known, that the p...

Excerpt: ...Plaintiff was attacked with a metal spatula by Defendant, Jose Rubio, who was employed by MSP Partners I, LLC at the time. Defendants, MSP Partners I, LLC, and Jose Rubio (collectively, “Defendants”) now move for summary judgment as to Plaintiff's complaint. As of September 10, 2021, no opposition has been filed. 2. Motion for Summary Judgment a. Moving Argument Defendants argue they are entitled to summary judgment because Plaintiff has admi...

Excerpt: ...onia Espinola (“Espinola”) (collectively, “Plaintiffs”) filed this action against defendants Kaiser Foundation Hospitals, et al. for medical negligence. On May 14, 2021, Plaintiffs filed his First Amended Complaint (“FAC”) alleging claims for negligence and loss of consortium. The FAC added Matthew Christopher O'Neil, M.D. as a defendant in this action. Defendants, Kaiser Foundation Hospitals (“Kaiser”) and Matthew Christopher O'N...

Excerpt: ...gh her guardian ad litem, Petitioner, and Josephine Gilbert (“Josephine”), a minor by and through her guardian ad litem, Petitioner, filed this action against Defendant, Mabel Aragon, for damages arising out of an automobile accident. Eloise sustained emotional trauma from the accident but has now recovered completely from the effects. Josephine sustained injuries to her leg and shoulder from the accident and later developed upper back and sc...

Excerpt: ...i Interlandi (“Luigi”) for injuries Plaintiff sustained when acetone ignited and exploded near Plaintiff. Plaintiff was in the scope of his employment with Defendants when the incident occurred. The incident allegedly occurred on August 23, 2016, and Plaintiff filed the complaint on May 2, 2017. On May 15, 2017, Plaintiff filed Amendment to Complaints naming Marina Interlandi (“Marina”) (collectively, with Luigi, the “Interlandis”) as...

Excerpt: ...t”) and Darrin Williams for injuries Plaintiff allegedly sustained on August 25, 2019, while at Walmart's store when a Walmart associate bumped into Plaintiff with a cart while Plaintiff was checking out. On July 8, 2021, Plaintiff filed the instant motion for sanctions against Walmart for spoliation of evidence. Walmart opposes the motion, and Plaintiff filed a reply. 2. Motion for Sanctions Discovery sanctions “should be appropriate to the ...

Excerpt: ...overy and to compel Plaintiff, Victor Palma's (“Plaintiff”) deposition. Defendant filed the instant motions on May 25, 2021, setting them for hearing on September 7, 2021. However, due to the fact the court was not available to hear motions on this date, the court continued the hearing date to September 13, 2021, and ordered moving party, Defendant, to give notice of the hearing date. (Min. Order August 23, 2021.) As of September 3, 2021, Def...

Excerpt: ...nts, RMI International, Inc. (“RMI”) and Gregory Ivan Smith (“Smith”) for the wrongful death of Decedent, Felicia Elizabeth Smith (“Decedent”). The complaint alleges that on April 16, 2018, Decedent was on a train platform waiting for a train to arrive, when Decedent lost consciousness, fainted, and fell onto the train tracks as a train was nearing the station. Decedent was then struck and killed by the train. Smith filed Case No. 20S...

Excerpt: ... to compel responses to written discovery and to compel Plaintiff, Shawn Jermaine George's (“Plaintiff”) deposition. Defendant filed the instant motion on August 6, 2021, setting it for hearing on September 7, 2021. However, due to the fact the court was not available to hear motions on this date, the court continued the hearing date to September 13, 2021, and ordered moving party, Defendant, to give notice of the hearing date. (Min. Order Au...

Excerpt: ...ar Rental, Inc. (“Defendant”) for damages relating to Plaintiff slicing her thumb in the interior of the trunk of a vehicle Plaintiff's sister rented from Defendant. As of September 3, 2021, Plaintiff has not filed proof of service of the summons and complaint on Defendant. At this time, Defendant moves to quash service of summons. Plaintiff opposes the motion. 2. Motion to Quash Service of Summons “A defendant . . . may serve and file a no...

Excerpt: ...Los Angeles County Metropolitan Transportation Authority, asserting four causes of action for negligence, motor vehicle owner liability, public employee negligence, and negligence by common carrier. Plaintiff alleges that she was a passenger on a LACMTA bus when the bus driver, who was traveling too quickly for traffic conditions, had to make a sudden and abrupt stop to avoid a collision with defendant Holt's vehicle, causing Plaintiff to fall in...

Excerpt: ...is action against Defendants, Line 204, LLC, Alton Butler, and Michael Lichstein for damages related to third degree burns Plaintiff sustained while performing electrical repairs near the electrical panel at an industrial facility. Plaintiff provides the parties have reached a settlement of $5,000,000.00. At this time, Plaintiff moves for an order to proportionally reduce Department of Healthcare Services' (the “Department”) claim for reimbur...

Excerpt: ... Ayala (“Marina “), Alysiah Marie Ayala (“Alysiah”) (collectively with Alex and Marina, “Plaintiffs”) filed this action against Defendant, Adolfo Acosta (“Defendant”) for damages arising out of an alleged dog bite incident. Plaintiffs allege Defendant housed and cared for a Pitbull dog and owned the residence next door to theirs. On or about January 1, 2020, Alex was outside washing his cars when he heard his dog yelping from insi...

Excerpt: ...s (“Defendant”) alleging causes of action for negligence and premises liability. Plaintiff alleges she was at Defendant's park when she slipped and fell on a dangerous condition on the stairs at the park. The condition that allegedly caused Plaintiff to slip and fall on the stairs was described by Plaintiff to be water, debris, and unlevel ground on the first landing of the stairs near the handrail to Plaintiff's right. On April 26, 2021, the...

Excerpt: ...ry School District (“LESD”) for damages relating to Segovia's alleged sexual abuse of Plaintiff while Plaintiff was a student at LESD's school. Plaintiff alleges Segovia was Plaintiff's teacher while the sexual misconduct occurred. On September 16, 2019, Plaintiff filed the operative SAC alleging causes of action for (1) sexual battery, (2) gender violence, (3) intentional infliction of emotional distress, (4) negligence, and (5) negligent hi...

Excerpt: ...ly, “Plaintiffs”) filed this action against Defendant, Lincoln Darren Graham and Clifford Lee (collectively, “Defendants”) for damages arising from a motor vehicle accident that occurred on or about December 31, 2016. The complaint alleges a cause of action for motor vehicle and general negligence. On March 26, 2021, Sosa's counsel filed an Amendment to Complaint naming co-plaintiff Rodriguez as Doe 1. On May 28, 2021, Rodriguez demurred ...

Excerpt: ...nbeck (“Defendant”) on 9/4/18 for motor vehicle and general negligence. On June 11, 2021, Defendant filed his answer. On July 13, 2021, the Final Status Conference and Jury Trial were called for hearing, and there were no appearances by or for counsel for Plaintiff. The court ordered the entire case dismissed without prejudice pursuant to CCP § 581. On July 28, 2021, Plaintiff filed the instant motion to set aside dismissal. Defendant oppose...

Excerpt: ...s Nursery (collectively, “Defendants”) for damages arising out of an automobile accident. This matter was set for jury trial on March 19, 2021, where there was no appearance by Plaintiff, nor any communication with the court as to why there was no appearance by Plaintiff's counsel or Plaintiff. The court, thus, ordered the complaint dismissed without prejudice. On May 12, 2021, Plaintiff filed a motion to set aside the dismissal based on Plai...

Excerpt: ..., BMFit, Inc., dba Zoo Culture (“BMFit”) and Bradley Martyn (“Martyn”) (collectively, “Defendants”) for damages Plaintiff allegedly sustained when he visited Defendants' property to lift weights, and while Plaintiff was exercising, a peg on a weight rack collapsed causing the weights to crash down on Plaintiff's big toe and break it. On February 7, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”) for negligence ...

Excerpt: ..., California Rehabilitation Institute, LLC (“Defendant”) for medical negligence. On June 28, 2021, the parties participated in an Informal Discovery Conference (“IDC”) concerning Plaintiff's request for emails and written communications between Plaintiff's healthcare workers to which Defendant produced a privilege log. The discovery dispute was not resolved at the IDC, and the parties agreed any motion to compel was to be filed within 30 ...

Excerpt: ... Tuccio and Anthony Ramirez, a minor by and through his Guardian Ad Litem, Mary Tuccio filed this action against Defendant, Norwalk-LA Mirada Unified School District (“Defendant”) for injuries relating to Plaintiff Anthony Ramirez's fall from a slide while a student at Defendant's school. The complaint alleges causes of action for (1) dangerous condition of public property, (2) negligence, (3) negligent infliction of emotional distress (“NI...

Excerpt: ...ng from a motor vehicle accident. On July 21, 2021, Plaintiff filed the instant motion to quash a business records subpoena that Defendant issued on June 29, 2021, with a production date of July 26, 2021, to Reseda Medical Clinic for Plaintiff's records. Plaintiff contends the subpoena was overbroad in time and scope. Plaintiff further requests sanctions of $3,040 against Defendant and Defendant's attorney of record. Plaintiff provides Plaintiff ...