Excerpt: ...ge and the State of California for negligence, premises liability, and dangerous condition of roadway relating to a motorcycle accident. At this time, Defendant the People of the State of California, acting by and through the Department of Transportation (“Defendant”) moves for summary judgment. Plaintiff opposes the motion, and Defendant filed a reply. 2. Motion for Summary Judgment a. Moving Argument Defendant argues it is entitled to summa...

Excerpt: ...young”) and Yang Keun Yu (“Yu”) (collectively, “Defendants”) for damages arising from a motor vehicle accident At this time, Plaintiff moves for a protective order staying and quashing deposition notice for the second deposition of Plaintiff. Defendants oppose the motion, and Plaintiff filed a reply. 2. Motion for Protective Order CCP § 2025.010 provides, “[a]ny party may obtain discovery within the scope delimited by Chapter 2 (comm...

Excerpt: ...ance and County of Los Angeles for damages arising out of an automobile accident that killed Decedent, Charles Wang. The Court heard Defendant the City of Torrance's motion for summary judgment on August 26, 2020, where it took the matter under submission. On October 8, 2020, the City's motion for summary judgment was granted. On December 10, 2019, Plaintiffs filed a Notice of Appeal. Thereafter, on April 14, 2020, the City filed its memorandum o...

Excerpt: ...cks”), et al. alleging causes of action for (1) strict liability, (2) breach of warranty, (3) negligence, and (4) medical malpractice. On May 23, 2019, a stipulation to dismiss the fourth cause of action against Starbucks was entered. The complaint alleges that on December 10, 2017, Plaintiff patronized Starbucks' coffee shop and consumed a drink prepared and sold by Starbucks- a Strawberry Acai Refresher. Plaintiff allegedly began experiencing...

Excerpt: ..., filed this action against Defendants Vaibhav Madhukar Anvekar, M.D., erroneously sued and served herein as Madhu Anvekar, M.D. (“Defendant”), et al. for wrongful death-medical negligence and survivors claim. At this time, Defendant moves to dismiss the action pursuant to CCP § 582.410 on the grounds Plaintiff did not serve Defendant with the summons and complaint within two years of filing the action. As of August 26, 2021, no opposition h...

Excerpt: ...y of Glendale (“Defendant”) for damages arising out of a trip and fall on a public sidewalk on April 12, 2019. Defendant, at this time, moves for summary judgment. Plaintiff opposes the motion, and Defendant filed a reply. 2. Motion for Summary Judgment a. Parties' Positions Defendant contends it is entitled to judgment because the defect at issue was trivial as a matter of law. Defendant asserts the trip and fall occurred on a sidewalk offse...

Excerpt: ...t Hornback and Bearings Exchange, LLC (collectively, “Defendants”) for damages arising from a motor vehicle accident. The complaint asserts causes of action for (1) motor vehicle negligence, negligent entrustment, negligent hiring, negligent undertaking, negligent retention, negligent supervision and negligent training; and (2) negligence per se. Defendants now demur to the complaint arguing the first and second causes of action do not state ...

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. Defendant AVIS now moves for summary judgment. Plaintiff opposes the motion, and Defendant filed a reply. 2. Motion for Summary Judgment a. Moving Argument Avis argues it is entitled to summary judgment because Avis a rental car c...

Excerpt: ...8826 W. Pico Blvd., LLC, and Mehrdad Pakdaman for premises liability and negligence arising out of Plaintiff's trip and fall on a sidewalk. The complaint alleges that on October 3, 2018, Plaintiff was walking on the sidewalk near 8826 and 8832 Pico Blvd., Los Angeles, CA when all of a sudden Plaintiff tripped and fell on a raised, broken and/or deteriorating area of the sidewalk. On March 3, 2020, Plaintiff filed a Request for Dismissal as to def...

Excerpt: ...ian (“Plaintiff”) filed this action against Defendant, Los Angeles Unified School District erroneously sued as West Valley Occupational Center (“Defendant” or “LAUSD”) for injuries relating to Plaintiff's slip and fall on Defendant's property. On November 30, 2020, Plaintiff filed a First Amended Complaint (“FAC”) attempting to allege causes of action for (1) negligence, (2) premises liability, and (3) dangerous condition of publi...

Excerpt: ...and Evelyn Gamboa for damages relating to Plaintiff's slip and fall in Defendant's property. At this time, Defendant Home Depot U.S.A., Inc. (“Defendant”) moves to dismiss Plaintiff's complaint and for sanctions in the amount of $10,210.95 pursuant to CCP § 128.7. As of August 24, 2021, no opposition has been filed. 2. Motion to Dismiss a. Request for Judicial Notice Defendant requests the court take judicial notice of (1) Plaintiff's compla...

Excerpt: ...causes of action for negligence, negligence per se and premises liability. The complaint alleges Plaintiff tripped and fell in defendants' premises after encountering an abrupt drop-off with two stairs. Defendant, Shake Shack California LLC (“Defendant”) now moves for summary judgment. Plaintiff opposes the motion, and Defendant filed a reply. 2. Motion for Summary Judgment a. Moving Argument Defendant argues it is entitled to summary judgmen...

Excerpt: ..., Kohen Investments LLC, Shabab Kohen, Brianna Camitses, and Argento Y Oro Inc. for negligence and premises liability. The complaint alleges that on September 29, 2019, Defendants allowed a dangerous condition to exist on their property, such that Plaintiff was injured. Specifically, the complaint alleges Plaintiff was locked out of his apartment and used the open access to the roof of the property to attempt to enter his apartment by lowering hi...

Excerpt: ...r”) filed the instant petition for relief from the provisions of Government Code § 945.4 to file a medical malpractice action against Respondent, LAC + Medical Center. Petitioner asserts that on August 31, 2019, an MRI was performed on Petitioner which revealed that a metal object had been left inside Petitioner's body during a surgery performed by Respondent on February 17 or 23, 2017. Petitioner claims he did not have knowledge about the pro...

Excerpt: ...nistrative Services Cooperative, Inc. (collectively, “Defendants”) for damages arising from a pedestrian vs. motor vehicle accident. On June 9, 2021, the court granted Defendants' motion to deem Defendant's request for admissions (“RFAs”), set one, served on Plaintiff admitted. Plaintiff, at this time, moves to be relieved from the deemed admissions. Defendants oppose the motion. 2. Motion to Withdraw Admissions CCP § 2033.300 states: (a...

Excerpt: ... dba Ralphs (“Defendant”) for damages relating to Plaintiff's alleged slip and fall in Defendant's store. Defendant 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 disco...

Excerpt: ...fendant, Los Angeles County Metropolitan Transportation Authority (“Defendant”) for injuries Plaintiff allegedly sustained while a passenger on Defendant's bus. On May 21, 2021, the parties participated in an informal discovery conference (“IDC”) regarding the subject discovery dispute; however, the matter was not resolved. However, the court issued the following order: “the parties stipulate to the following method of preparing the dis...

Excerpt: ...�) and Fushun Wang (“Wang”) for damages arising from a motor vehicle accident. At this time, Defendant Uber moves to compel arbitration and stay the action. The motion is unopposed. 2. Motion to Compel Arbitration In deciding a petition to compel arbitration, trial courts must decide first whether an enforceable arbitration agreement exists between the parties, and then determine the second gateway issue of whether the claims are covered with...

Excerpt: ...ans Logistics, LLC, and Elkwood Intong Tam for damages arising from a motor vehicle accident. Independent Defendant Alltrans Logistics, LLC (“Defendant”), at this time, moves to quash Plaintiff deposition subpoenas served issued on June 23, 2021, to non-parties Align Claims Services (“ACS”), Plaza Indemnity Company (“PIC”), and Ronald Kvitne, M.D. (“Dr. Kvitne”). Plaintiff opposes the motion. Defendant asserts that pursuant to aut...

Excerpt: ...ffs”) filed 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 t...

Excerpt: ...er, et al. for medical malpractice arising out of defendants' care and treatment of Plaintiff in connection with a right dorsal wrist ganglion cyst excision. At this time, Defendant, George Walter Balfour, M.D. (“Defendant”) moves for summary judgment. Plaintiff opposes the motion, and Defendant filed a reply. This matter was originally heard on July 28, 2021, where it was continued for the court to consider the untimely filed Declaration of ...

Excerpt: ...isela Martinez (collectively, “Plaintiffs”) filed this action against Defendants, Crunch Fitness and Harman Fitness, LLC (“Harman”) 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, but Defendants did not have an automatic external defibrillator (“AED”) device or program, which caused the wrongful deat...

Excerpt: ...r damages arising from a motor vehicle accident. Defendant, at this time, moves to for a protective order (1) to excuse Defendant from responding to Requests for Admissions, set two, Form Interrogatories, set two, Requests for Production of Documents, set two, propounded by Plaintiff on June 10, 2021, (2) to preclude production of records pursuant to a subpoena for Defendant's employment records from Akal Transport Incorporated (“Akal”), and ...

Excerpt: ...�Ashkan”) and Ivan Gonzalez (“Gonzalez”) (collectively, “Defendants”) for damages arising from a sexual assault on Defendant's property. Plaintiff alleges she was sexually assaulted by Gonzalez while Gonzalez was in the course and scope of his employment with Ashkan. Plaintiff obtained Gonzalez's default on January 27, 2020, and obtained Ashkan's default on June 4, 2020. On June 7, 2021, Defendant Ashkan filed the instant motion to set ...

Excerpt: ...oto Delgado and Jose Delgado (collectively, “Defendants”) for damages arising from a motor vehicle accident. On June 24, 2021, Defendants issued a deposition subpoena for production of business records to Huntington Memorial Hospital/Medical; Huntington Memorial Hospital/Business Office; and Huntington Memorial Hospital/Radiology Dept. (“Huntington”) requesting compliance by July 22, 2021. Plaintiff now moves to quash the subpoena. Plaint...