Excerpt: ...“Blamah”) (collectively, “Petitioners”) filed a petition against United Financial Casualty Company (“Respondent”), erroneously sued as Progressive Insurance Company, in connection with an uninsured motorist claim. The petition alleges Petitioners submitted a claim to Respondent for an accident that occurred on January 31, 2020, but Respondent denied coverage for the claim based on its expert's opinion. Petitioners now move to compel a...

Excerpt: ... ad litem, Taleb Mohamad El Habbal, (collectively, “Plaintiffs”) filed this action against Defendants Jackson Doyle (“Doyle”) and Geico Insurance (“Geico”) for damages arising from a motor vehicle accident. The complaint alleges a single cause of action for negligence. Defendant Geico now demurs to the complaint arguing it fails to state sufficient facts to constitute a claim against it. The demurrer is unopposed. Geico avers Plaintif...

Excerpt: ...(“Defendant”) for damages arising out of an automobile accident. At this time, Defendant moves for leave to take second physical examination of Plaintiff. Plaintiff opposes the motion, and Defendant filed a reply. 2. Motion for Leave to Take Second Physical Examination Except for defense physicals in personal injury cases (in which one examination is permitted as a matter of course) and exams arranged by stipulation, a court order is required...

Excerpt: ...ers, LLC and ABM Industry Groups, LLC (“ABM”) for damages arising from Plaintiff's trip and fall in Defendants' parking structure. On March 8, 2021, Plaintiff filed an Amendment to Complaint naming FSP-South Flower Street Associates, LLC (“FSP”) as Doe 2 On July 8, 2021, Plaintiff filed the instant Motion to Compel Further Responses to Special Interrogatories, set two, against FSP. FSP filed opposed the motion, and Plaintiff filed a reply...

Excerpt: ...Home Pros, Inc. dba Cal Retrofit (“US Home Pros”) and RIFM Properties, LLC (“RIFM”) for injuries Plaintiff sustained after slipping and falling down a set of stairs. On February 9, 2022, RIFM filed its First Amended Cross- Complaint (“FACC”) against US Home Pros for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, and (3) indemnity. US Homes Pros now demurs to the FACC arguing the first cause of a...

Excerpt: ...onica, 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. On September 22, ...

Excerpt: ...man and Olga Salguero (collectively, “Defendants”) for damages arising from a dog bite incident. The complaint alleges causes of action for strict liability-dog bite and negligence. The complaint includes a request for punitive damages Defendants, at this time, move to strike the prayer for punitive damages in the complaint. The court has not received any opposition to the motion. 2. Motion to Strike Civil Code § 3294 authorizes the recovery...

Excerpt: ...lle Cabral (“Plaintiff”) filed this action against Defendant Starbucks Coffee Company (“Defendant”) for damages Plaintiff sustained when a cup of hot tea and coffee spilled on her. Plaintiff alleges she ordered a coffee and tea from Defendant's drive-thru that were not properly secured in a to-go tray, which caused the cups to spill on Plaintiff. Trial is currently set for June 23, 2022. Plaintiff now moves to continue the current trial d...

Excerpt: ...s, Inc. (“Uber”), Jennifer Springer (“Springer”), and Erroll James (“James”) for damages arising from a motor vehicle accident that occurred on March 8, 2019. The complaint alleges Uber employed the defendants who operated a vehicle in the course and scope of their employment with Uber. At this time, Uber moves to compel arbitration. Plaintiff opposes the motion. 2. Motion to Compel Arbitration a. Existence of Agreement with Uber In d...

Excerpt: ...ants Jezowski & Markel Contractors, Inc. (“J&M”) and Eliseo Reyna, Jr. (“Reyna”) (collectively, “Defendants”) for damages arising out of a motor vehicle accident. The complaint alleges causes of action for motor vehicle and general negligence. Defendants now move for judgment on the pleadings arguing Plaintiff's claims are barred by the doctrine of res judicata. The motion is unopposed. Defendants assert that Plaintiff alleges Reyna w...

Excerpt: ...ndants”) for damages arising from a motor vehicle accident. A Trial Setting Conference (the “TSC”) and Order to Show Cause re: Dismissal for Failure to File Proof of Service (the “OSC”) were heard in this action on June 10, 2021, and after there were no appearances for or by either party, Plaintiff's complaint was dismissed without prejudice pursuant to CCP § 583.410. On December 6, 2021, Plaintiff filed the instant motion to set aside...

Excerpt: ...f”) filed this action against Defendant Robert Young for injuries relating to an alleged dog attack and bite incident. On January 25, 2022, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) strict liability based on violation of Civil Code § 3342(a), (2) negligence, and (3) intentional infliction of emotional distress (“IIED”). The FAC includes a prayer for punitive damages. Defendant now d...

Excerpt: ...�) and William Daniel Keith, Jr., M.D., Inc. (collectively, “Defendants”) for damages arising out of Defendants' removal of a birthmark from Plaintiff's left cheek. Plaintiff alleges Defendants left the birthmark uneven, discolored, and looking worse than it did prior to treatment. Trial in this matter is currently March 28, 2022. Plaintiff now moves to continue the current trial date for 120 days. Defendants oppose the motion, and Plaintiff ...

Excerpt: ...“Khouigani”) and Enterprise Rent-A-Car Company of Los Angeles, LLC, erroneously sued and served as Enterprise Rent A Car (“Enterprise”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. The complaint alleges causes of action for motor vehicle and general negligence against Defendants. Enterprise now demurs to the complaint arguing it fails to state sufficient facts to constitute a claim against it because...

Excerpt: ...ang (“Defendant”) for damages arising from a motor vehicle vs. motorcycle accident. At this time, Defendant moves to compel Plaintiff to submit to a second physical examination. Plaintiff opposes the motion, and Defendant filed a reply. The parties have met and conferred but have been unable to resolve their dispute. (Mot. Garber Decl. ¶¶ 11-16.) 2. Motion to Compel Second Physical Examination of Plaintiff Except for defense physicals in pe...

Excerpt: ..., and Gregory Padilla for damages arising from a motor vehicle accident involving multiple vehicles. On June 19, 2019, Plaintiff filed an Amendment to Complaint naming Lyft, Inc. (“Lyft”) as Doe 1. At this time, Lyft moves to compel a mental examination of Plaintiff. On March 11, 2022, Zachary Dunham filed a Notice of Joinder to Lyft's motion. Any opposition to the motion was due on or before March 11, 2022. As of March 20, 2022, no oppositio...

Excerpt: ...nt Trader Joe's Company, Inc. (“Defendant”), erroneously sued and served herein as Trader Joe's Company, for damages arising from a slip and fall at Defendant's property. On November 16, 2021, Defendant filed the instant motion for leave to take physical examination of Plaintiff with Neurologist Barry Ludwig, M.D. (“Dr. Ludwig”), and motion for leave to take a mental examination of Plaintiff with Kyle Boone, PhD (“Dr. Boone”). Plainti...

Excerpt: ...iff”) Estate of Weslee Davis, decedent, filed this action against defendants Singer Vehicle Design, Estate of Ryan Blanks, State of California, City of Los Angeles, and County of Los Angeles for damages arising from a motor vehicle and motorcycle accident. The operative First Amended Complaint (“FAC”) alleges that on or about June 20, 2018, at 1:05 p.m., Weslee Davis (“Decedent”) was operating his motorcycle when Ryan Blanks (“Blanks�...

Excerpt: ...lies, Inc. (“Petco”) and Does 1 to 25 for damages Plaintiff allegedly sustained when Petco's employee caused a piece of wood to fall on Plaintiff. On November 5, 2021, Plaintiff filed an Amendment to Complaint naming Columbia II Marina Shores, LLC (“Columbia”) as Doe 1. Petco and Columbia filed cross-complaints against one another on November 17, 2021, and January 20, 2022, respectively. At this time, Petco moves to disqualify Columbia's ...

Excerpt: ...�Oak River”) filed this action against Defendant Sabino Saldivar (“Saldivar”) for reimbursement of workers' compensation benefits paid to Pablo Pelayo (“Pelayo”) following a pedestrian vs. motor vehicle accident. Oak River was the workers' compensation insurance carrier for Pelayo's employer. On January 17, 2019, Pelayo filed Case No. 19STCV01547 against Saldivar for damages arising from the same accident. Case Nos. 19STCV00151 and 19ST...

Excerpt: ... al. for damages arising out of a motorcycle vs. automobile accident. The complaint alleges causes of action for motor vehicle and general negligence. At this time, Jeon moves for summary judgment as to Plaintiff's complaint. Any opposition to the motion was due on or before March 8, 2022. As of March 16, 2022, no opposition has been filed. 2. Motion for Summary Judgment a. Moving Argument Jeon argues he is entitled to summary judgment because Pl...

Excerpt: ... against Defendant Marc Gottesman (“Defendant”) for subrogation damages paid to Plaintiff's insured. On December 1, 2021, Defendant filed the instant motion to quash service of summons and complaint. Defendant originally scheduled this motion to be heard in Department 25 of the Spring Street Courthouse at 10:00 a.m. On December 10, 2021, this action was deemed related with Case No. 19STCV24027, with 19STCV24027 being deemed the lead case, and...

Excerpt: ...�Union Bank”), erroneously served and served as Union Bank, and Kamran Qureshi (“Qureshi”) (collectively, “Defendants”) for damages arising out of Plaintiff's slip and fall in Defendants' property. At this time, Defendants move to compel Plaintiff to attend two mental examinations: a neuropsychological examination and a psychiatric examination. Alternatively, if only one mental exam is permitted, Defendants request Plaintiff be compelle...

Excerpt: ...mages arising from a motor vehicle accident. A default was entered against Defendant on November 16, 2020, and on September 3, 2021, Defendant filed a motion to set aside the default. The motion to set aside was granted on January 7, 2022, and an Order to Show Cause Re: Failure to File Proof of Service (the “OSC”) and Trial Setting Conference (“TSC”) were set for February 9, 2022. (Min Order, Jan. 7, 2022.) At the OSC and TSC on February ...

Excerpt: ...rez (“Gutierrez”) and San Fernando Valley Ice Co., Inc. (“Valley Ice”) for damages arising out of an automobile accident. Trial in this action is set for June 24, 2022. On March 15, 2019, Kemper Services Group's (“Kemper”) was granted leave to intervene on behalf of Valley Ice. At this time, Kemper moves for leave to intervene on behalf of Gutierrez. Plaintiff opposes the motion, and Kemper filed a reply. Per CCP §387(a), permissive ...

Excerpt: ... Matthew Nicholas Kitakis (“Kitakis”) for damages arising from a motor vehicle accident that occurred on or about December 23, 2014. The complaint alleges causes of action for (1) strict product liability, (2) negligence, (3) breach of warranty, and (4) negligence. On March 20, 2018, pursuant to the parties' stipulation, the Court continued the trial from June 20, 2018 to October 9, 2018. On August 27, 2018, the Court granted Defendant Ford's...

Excerpt: ...iams”), and Tanika Williams (“Defendant”) (collectively, “Defendants”) alleging two causes of action: premises liability and general negligence. The Complaint alleges the following. On November 23, 2018, Plaintiff was walking on a sidewalk in front of Williams and Defendant's property when she fell and flipped over due to the uneven, broken, and dangerous walkway owned, operated, controlled, and maintained by the Defendants. Defendants ...

Excerpt: ...Defendants, Lidia Cordos Trust and Lea Johnson (“Defendants”), for damages arising from a fall that Plaintiff sustained while walking down a staircase located in a property that Defendants own. The Complaint asserts three causes of action: negligence, negligence per se, and premises liability. 2. Motion to Transfer Defendant (Lea Johnson, Trustee of the Lidia Cordos Trust, erroneously sued as Lea Johnson) moves to transfer this action from un...

Excerpt: ... action against defendant Los Angeles County Metropolitan Transportation Authority (“Defendant” and/or “Metro”) for damages based on Plaintiff's allegation that he was robbed in an elevator at Avalon Station minutes after riding the Green Line. The operative complaint pleads causes of action for negligence and premises liability. Plaintiff alleges the robbery included physical assault resulting in a traumatic brain injury, fractured teeth...

Excerpt: ...iffs”) filed a Complaint alleging causes of action for general negligence and products liability for an incident arising from Plaintiff Eric falling from a power pole while using Defendant Buckingham Manufacturing Co., Inc.'s (“Defendant”) lanyard rope safety device. Plaintiffs now move the Court to reopen discovery and to continue the current trial date of April 15, 2022. Legal Standards Trial Continuance Although continuances of trials ar...

Excerpt: ...ll incident that allegedly occurred on defendant Wells Fargo & Company's (“Defendant's”) premises. Plaintiff Joan Gardner (“Plaintiff”) alleges that on March 26, 2019, she tripped and fell in a hole in the asphalt on a sidewalk near ATM machines at the Defendant's bank at 2444 Wilshire Boulevard, Santa Monica, CA. On March 5, 2021, Plaintiff filed this action's Complaint against Defendant, asserting causes of action for (1) Negligence, an...

Excerpt: ...h his Guardian Ad Litem, Sharon Zuri Cruz Rodriguez (“Plaintiff”) filed this action against Defendants, City of South Gate (“City”), County of Los Angeles, and California Department of Transportation for premises liability. Plaintiff alleges Plaintiff tripped over an uneven and/or raise and/or broken and/or deteriorating roadway and/or street and fell, sustaining injuries. Defendant City now moves to strike the words “recklessly and/or ...

Excerpt: ...�) filed this action against Defendants, Josue Paniagua (“Paniagua”), Isaac Verduzco (“Verduzco”), Ruben Anaya (“Anaya”), Ruben's Towing Service, J&H Tire, and Does 1 to 25 for damages arising from a motor vehicle accident that occurred on August 12, 2019. Plaintiff filed an amendment to complaint substituting in The Estate of Josue Paniagua for Paniagua on January 27, 2021. Defendant Verduzco now moves on behalf of himself, Defendant...

Excerpt: ...ng causes of action for general negligence and products liability. Plaintiff alleges the U-Haul truck she rented from Defendant had faulty breaks, causing her to become involved in a motor vehicle accident on June 1, 2019. Plaintiff alleges Defendant had a duty to and failed to properly inspect their vehicle prior to renting it to her. Defendant now moves to compel this action to arbitration and to stay these proceedings pending completion of arb...

Excerpt: ...ely “Defendants”). This matter arises from disputes relating to the execution of a lease for a billboard, which was ultimately assigned by Defendants to Netflix. Defendants move for summary judgment, or, in the alternative, summary adjudication as to the causes of action in the SAC. Legal Standard The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary s...

Excerpt: ... occurred on September 6, 2017 at I-710 Southbound, south of Atlantic Boulevard in the Bell, California. On August 20, 2019, Plaintiff filed his complaint against Defendants Sung Chon Kim, Cross Roads Equipment Lease and Finance, LLC, and Does 1 to 100. On June 23, 2020, Plaintiff dismissed his complaint as to Cross Roads Equipment Lease and Finance, LLC. Plaintiff now moves to compel non-party Department of California Highway Patrol (“CHP”) ...

Excerpt: ... and the Roman Catholic Archbishop of Los Angeles, erroneously sued and served herein as Roman Catholic Archbishop of Los Angeles, (collectively, “Defendants”) for damages arising from a motor vehicle accident. Defendants now move to for leave to conduct subsequent depositions of Plaintiffs pursuant to CCP § 2025.610(b). Any opposition to the motion was due on or before March 2, 2022. As of March 8, 2022, no opposition has been received. CCP...

Excerpt: ...rnia, County of Los Angeles, and City of Long Beach for injuries Plaintiff sustained when traveling on a motorcycle. The complaint alleges a single cause of action for dangerous condition of public property. Defendant State of California (the “State” or “Defendant”) now demurs to the complaint arguing that it fails to state a claim against it. [1] Plaintiff opposes the demurrer, and the State filed a reply. The State contends the complain...

Excerpt: ...sing from a motor vehicle accident that occurred on March 6, 2018. On January 13, 2022, Plaintiff filed an Amendment to Complaint naming Herminia Pegollo (“Herminia”) as Doe 1. Defendant Herminia now demurs to the complaint arguing it fails to state a claim against Herminia. Plaintiff opposes the motion, and Herminia filed a reply. Herminia provides that Delfin passed away on December 27, 2021, and less than one month later Plaintiff filed an...

Excerpt: ...this action against Defendants Saavedra Delivery Service, Inc. and Irwin Anthony Rivera (collectively, “Defendants”) for damages arising out of an automobile accident. At this time, Campos moves for an order quashing the deposition subpoena issued by Defendants for the deposition of Plaintiff's treating physician, Dr. Sanjiv Jain (“Dr. Jain”), with production of documents at the deposition. The motion is unopposed. 2. Motion for Quash a. ...

Excerpt: ...ntonio Trucking erroneously sued and served as Antonio Regla, an individual, and Antonio's Trucking, Inc., a corporation (collectively, “Defendants”) for damages arising from a motor vehicle accident. On January 24, 2022, Defendants filed the instant Motion to Compel Plaintiff to Submit to an Independent Medical Examination with Arya Shamie, M.D. (“Dr. Shamie”). Defendants provide that on December 30, 2021, Defendants served a demand for ...

Excerpt: ...inst Defendant, Oscar Ortega (“Ortega”), et al. for damages arising out of a motor vehicle accident. On April 9, 2019, Plaintiffs filed an Amendment to Complaint naming Diebold, Inc. at Doe 5. Previously, on March 16, 2021, Plaintiffs 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 ...

Excerpt: ... cause of action for negligence. The complaint alleges that Plaintiff treated with Defendant for the use of Hot Cups to treat back pain, in which heated cups were placed on Plaintiff's back to treat and cure Plaintiff's back pain and injuries. (Compl. ¶ 6.) Plaintiff alleges that during a visit, Plaintiff was left unattended after Defendant placed burning cups on her back which caused Plaintiff to suffer injury. (Ibid. at ¶ 7.) On February 15, ...

Excerpt: ...Defendant”) for damages arising out of an automobile accident. At this time, Defendant moves to compel Plaintiff to appear for a physical examination with Defendant's expert, Amandeep Bhalla, M.D., Orthopedic Surgeon, to take place at 2760 Atlantic Avenue, Long Beach, CA 90806, on a date and time certain within 30 days of the Order of this court. Plaintiff opposes the motion, and Defendant filed a reply. II. Motion to Compel Physical Examinatio...

Excerpt: ...Santa Monica, and State of California for damages relating to the unfortunate drowning death of Joshua Patrick Scannell (“Decedent”) on March 12, 2019, who was Plaintiff's son. On July 15, 2020, Plaintiff filed a Request for Dismissal as to the City of Santa Monica and the State of California only. The complaint alleges the incident occurred in the Pacific Ocean in the line of sight of Lifeguard Tower 8, near 800 Block of Palisades Beach Road...

Excerpt: ..., propounded form interrogatories, special interrogatories, and request for production of documents (“RPDs”), sets one, on Plaintiff Jose Guadalupe Ramos (“Plaintiff”) on October 28, 2021. Defendant provides that on November 29, 2021, Plaintiff served unverified responses to the discovery requests. Defendant avers that as filing the motion on January 27, 2022, Plaintiff has not provided verifications for the responses. Defendant therefore...

Excerpt: ...hooshani”) for injuries Plaintiff sustained on defendants' premises. On January 31, 2022, Plaintiff filed an Amendment to Complaint naming Centerpoint Mall, LLC (“Centerpoint”) as Doe 1. At this time, Defendant Centerpoint moves to transfer the matter to the County of Ventura. Plaintiff opposes the motion. Centerpoint argues that the incident which forms the basis of the complaint occurred in Ventura County at 2655 Saviers Road in Oxnard, C...

Excerpt: ...g from a motor vehicle accident. Trial is currently set for May 3, 2022. Defendants Junior Lozada and Katherine Payan (collectively, “Defendants”) now move to continue the current trial date at least four months. Plaintiff opposes the motion, and Defendants filed a reply. Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. (CRC Rule 3.1332(c).) The Court may grant a continuance ...

Excerpt: ...“Plaintiffs”) filed this action against Defendants Anthony Castillo and Daisy Bolton (collectively “Defendants”) for damages arising from a motor vehicle accident. At this time, Defendants move for terminating sanctions against each Valentin and Eloy dismissing Plaintiffs' complaint because of Plaintiffs' misuse of the discovery process by failing to serve responses to initial discovery and failing to comply with the court's December 21, ...

Excerpt: ...alio Birrieria, et al. for damages relating to Plaintiff's trip and fall on defendants' property. At this time, Plaintiff moves for leave to file a First Amended Complaint (“FAC”) to assert a claim for punitive damages against defendants. Defendants Maria Delgado dba Birrieria Chaleo, and Ferdo Brkic, Zdenka Brkic, and Brkic Trust (collectively, “Defendants”) oppose the motion, and Plaintiff filed a reply. Plaintiff seeks leave to file th...

Excerpt: ...iff sustained when his chair collapsed beneath him while he was eating at a restaurant. On April 19, 2021, Defendant Sami Othman (“Othman”), individually and dba Orleans & York Deli, filed a cross-complaint against Jobolyn Trading Group, Inc. dba Jobolyn Table Base Company (“JTG”) for comparative contribution, equitable indemnity, and declaratory relief. Trial in this matter is currently set for April 14, 2022. JTG now moves to continue t...

Excerpt: ...lectively, Plaintiffs”) filed this action against defendants Cedars-Sinai Medical Group, et al. for wrongful death relating to defendants' care and treatment of Decedent Fabian Davis (“Decedent”). At this time, Kathleen Gouvea, D.O. (“Defendant” or “Gouvea”), erroneously named and served herein as Kathleen Wang, D.O., moves for summary judgment. Any opposition to the motion was due on or before As of February 23, 2022. As of March 3...

Excerpt: ...Plaintiff”), an individual by her representative Laura F. Kladifko, filed this action against Defendant Merrill Gardens at West Covina, LP (“Defendant”) for damages relating to Defendant's care of Plaintiff at Defendant's assisted living facility. The complaint alleges causes of action for (1) negligence, (2) negligent infliction of emotional distress, Elder Abuse, and respondeat superior. On February 1, 2022, Defendant filed the instant pe...

Excerpt: ...lectively, “Defendants”) for damages arising from a motor vehicle accident. On February 10, 2022, Defendants filed the instant motion to quash service of the summons and complaint. On February 23, 2022, Defendants filed an Ex Parte Application to Permit Motion Hearing Date on or Before March 14, 2022. After noting Defendants provided authority to support the proposition that the motion to quash should be set for hearing within 30 days of its ...

Excerpt: ... from a motor vehicle accident. At this time, Defendant's counsel moves for an order to dismiss the action against deceased Defendant, or alternatively, for an order limiting recovery to available insurance proceeds. The motion is unopposed. Defendant's counsel provides that Defendant passed away on January 9, 2021, but to date, Plaintiff has not stipulated to proceed pursuant to Probate Code § 550, nor substituted a proper party into the action...

Excerpt: ...s action against Defendants Mario Antonio Rappa (“Rappa”), Fair Titling Trust, and Uber Technologies, Inc. (“Uber”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. The complaint alleges that Rappa caused a collision with Plaintiffs' vehicle, and that at the time of the accident, Rappa “was acting within the scope and agency of his employment/partner/driver/relationship with UBER while driving for ‘U...

Excerpt: ...mid 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 Rights Act, am...

Excerpt: ...March 4, 2022 1. Background Facts Plaintiff Christa Craig (“Plaintiff”), a minor Individual, by and through her guardian ad litem, Charlene A. Curry, filed this action against defendants Madhu Anvekar, M.D., Ayman Saad, M.D., David Fischel, D.O., Donald Williams, M.D., and Huntington Hospital for wrongful death-medical negligence and survivors claim arising from the care and treatment provided to Decedent Lakeysha Myles (“Decedent”). At t...

Excerpt: ...tiff”) filed this action against Defendant Javier Sanchez (“Defendant”) for damages arising out of a motor vehicle accident. Trial is currently set for April 26, 2022. At this time, Plaintiff moves to strike Defendant's cross-complaint filed on January 7, 2022, on the ground Defendant failed to obtain leave of court prior to filing untimely the cross-complaint. As of March 1, 2022, Defendant has not filed an opposition to the motion. Additi...

Excerpt: ...ively, “Plaintiffs”) filed this action against Defendants, Uber Technologies, Inc. (“Uber”), Aimin Lin (“Lin”), Adrian Krugliy (“Krugliy”), and Roman Pidkova (“Pidkova”) for damages arising from a four-vehicle accident. The operative First Amended Complaint (“FAC”) alleges claims for (1) negligence, (2) negligence per se, and (3) statutory liability against all Defendants. The FAC includes a prayer for punitive damages. De...

Excerpt: ...t Los Angeles County Metropolitan Transportation Authority (“Defendant”) for injuries Plaintiff sustained while a passenger on Defendant's bus. The complaint alleges a single cause of action for negligence against Defendant. Defendant now demurs to the complaint arguing Plaintiff failed to comply with the procedural requirements of the Government Tort Claims Act (the “Act”) prior to filing this action against Defendant. The demurrer is un...

Excerpt: ...amages arising from a trip and fall on Defendant's property. At this time, Defendant moves for a protective order prohibiting the deposition of Fonda Burke (“Burke”). Plaintiff opposes the motion, and Defendant filed a reply. Defendant provides that on December 3, 2021, Plaintiff noticed the deposition of Burke, who is the Senior Director of Risk Management for Defendant. Defendant contends Plaintiff noticed Burke's deposition because she sig...

Excerpt: ...e Sieff (“Defendant”) for damages arising out of an automobile accident. At this time, Defendant moves to compel Plaintiff's compliance with a demand for physical examination. Plaintiff opposes the motion. 2. Motion to Compel Physical Examination CCP § 2032.220 states: (a) In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following co...

Excerpt: ... Defendants Kevin Lenton and Linda Lenton (collectively, “Defendants”) for damages relating to Kurt Moeder's fall through Defendants' roof while working on their property. Defendants, at this time, move to compel each Kurt's and Nicole's depositions. As of February 28, 2022, no opposition has been filed to either motion. 2. Motions to Compel Depositions CCP § 2025.450(a) provides, “If, after service of a deposition notice, a party to the a...

Excerpt: ..., and Ark Management Corp., erroneously sued and served as Arkc Management, (collectively, “Defendants”) for damages arising out of a trip and fall on Defendants' property. On August 30, 2021, Plaintiff filed a Notice of Settlement of Entire Case providing the parties entered into an unconditional settlement. At this time, Plaintiff moves for an order enforcing the terms of the settlement pursuant to CCP § 664.6. Defendants oppose the motion...

Excerpt: ... case against Defendants Sebastian Josephraj and the Roman Catholic Archbishop of Los Angeles, erroneously sued and served herein as Roman Catholic Archbishop of Los Angeles, (collectively, “Defendants”) for damages arising from a motor vehicle accident. At this time, Defendants move for an order allowing Defendants to conduct additional physical examinations of Plaintiffs. Any opposition to the motion was due on or before February 15, 2022. ...

Excerpt: ...iled this action against Defendant Golden San Gabriel Optometric Vision Center (“Defendant”), erroneously sued herein as Golden San Gabriel Optometric Center, for damages arising out of laser eye surgery performed on Plaintiff. On February 17, 2021, after numerous requests for the entry of Defendant's default were rejected, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendant. After filing the FAC, Plaintiff fil...

Excerpt: ...he “City”), Daniel Pagan, and Dana Pagan for damages arising out of Plaintiff's fall on a sidewalk while riding an electric scooter. At this time, the City moves for leave to file a First Amended Answer (“FAA”) to Plaintiff's complaint. Plaintiff opposes, and the City filed a reply. The City provides it seeks to add affirmative defenses of waiver and release and express assumption of the risk, which the City contends are essential and rel...

Excerpt: ...terling General Security Services (“Sterling”) and Razak Ganya (“Ganya”) (collectively, “Defendants”) with causes of action for breach of contract and negligence arising from a slip and fall at a Sprouts Farmers Market (“Sprouts”) at or near 1751 Westwood Blvd, Los Angeles, CA 90024, on July 23, 2019. Plaintiff alleges Defendants had a duty to maintain and inspect the premises, and that Plaintiff slipped and fell on a slippery foo...

Excerpt: ...Era Hawk's (“Plaintiff”) deposition. Defendants assert that on November 11, 2021, Defendants properly noticed Plaintiff's deposition for November 24, 2021. However, Plaintiff objected to the deposition notice because the deposition was unilaterally set, and Plaintiff was not available on the selected date. Defendants advised Plaintiff the deposition would remain on calendar for November 24, 2021, but Defendants offered alternative dates to co...

Excerpt: ...upenzi, through his Guardian ad Litem Monica Mbabazi (“Mbabazi”), and Monica Mbabazi, an individual (collectively, “Plaintiffs”), filed this action against defendants Miracle Home Health Care, Inc. (“Miracle Home”), Total Physical Therapy (“TPT”), and Kevin Arroyo (“Arroyo”) for damages arising out of an in-home care session. On September 9, 2020, Plaintiffs filed an Amendment to Complaint naming Kevin Tanaka (“Tanaka”) as...

Excerpt: ...es (“Plaintiff”) filed this action against defendants LA Smiles Dentistry, All in One Dental, Moshe Ezidi, Pedram Sooferi, and Pedram Sooferi for damages relating to Plaintiff's swallowing of a temporary dental apparatus. On November 12, 2021, however, Plaintiff filed the operative First Amended Complaint (“FAC”) on Judicial Council form PLD-PI- 001. The FAC appears to attempt to allege a single cause of action for general negligence; how...

Excerpt: ...Heale”), Padilla Contracting (“Padilla”), and Does 1 to 50 for negligence and premises liability. On April 12, 2021, Plaintiff filed an Amendment to Complaint naming Nathan Family, L.P. (“Nathan”) as Doe 1, and on July 7, 2021, Plaintiff filed a Request for Dismissal as to Heale. The complaint alleges that Plaintiff fell into an excavated area at Defendants' property. Nathan owned the subject property at the time of the incident, and Pa...

Excerpt: ...led this action against defendants City of Redondo Beach, City of Redondo Beach Police Department, and Juannika Brianna Galvan for damages arising from an automobile accident that allegedly occurred on October 8, 2021. The complaint alleges a single cause of action for motor vehicle negligence. Defendant City of Redondo Beach (the, “City”) now demurs to the complaint arguing the complaint fails to state a claim against the City for motor vehi...

Excerpt: ...os Angeles (the “City”), Doubletree by Hilton Los Angeles Downtown (“Doubletree”), Hilton Worldwide, and Does 1 to 10 for damages relating to Plaintiff's trip and fall on a sidewalk. On December 17, 2021, Plaintiff filed his First Amended Complaint (“FAC”) alleging causes of action for (1) dangerous condition of public property against the City and Does 1 to 5, and (2) premises liability-negligence against Doubletree, Hilton Worldwide...

Excerpt: ...”) filed this action against defendants Claremont Care Center, Pomona Valley Hospital (“PVH”), and Gary G. Sandhu, M.D. for the alleged wrongful death of Decedent Sonia Strauss (“Decedent”). Plaintiff alleges defendants were negligent in the care and treatment rendered to Decedent such that they were a substantial factor in causing Decedent's death. Defendant PVH moves for summary judgment as to the Plaintiff's claims against it. The op...

Excerpt: ... Defendants, Ronaldo Belk and Secure Sheet Metal, Inc. (collectively, “Defendants”) for damages arising from a motor vehicle accident. At this time, Defendants move to compel Plaintiff's deposition. Additionally, Defendants move to compel Plaintiff to submit to an orthopedic examination. Both motions are unopposed. 2. Motion to Compel Deposition Defendants assert that Plaintiff has failed to appear for his noticed deposition on four occasions...

Excerpt: ...eles (the “City”), Nogoom Hookah (“Hookah”), and St. John Land Company for negligence and premises liability. On July 19, 2021, an Order to Show Cause Re: Dismissal for Failure to File Proof of Service as to Defendant Nogoom Hookah (the “OSC”) was heard, and after there were no appearances by or for counsel for Plaintiff, the court ordered the entire action dismissed with prejudice pursuant to CCP § 581(b)(3). On October 26, 2021, Pl...

Excerpt: ...gainst Defendants Kevin Lenton and Linda Lenton (collectively, “Defendants”) for damages relating to Kurt Moeder's fall through Defendants' roof while working on their property. Defendants, at this time, moves to compel responses to form interrogatories and request for production of documents (“RPDs”), sets two, against Nicole, and to compel responses to supplemental interrogatories and supplemental RPDs, sets two, against Kurt. The motio...

Excerpt: ...ica (“Defendant”) for damages arising out of a trip and fall on the public sidewalk. The complaint alleges a single cause of action against Defendant for premises lability with counts for negligence, willful failure to warn, and dangerous condition of public property. At this time, Defendant moves for summary judgment on the complaint. Any opposition was due on or before February 2, 2022. As of February 10, 2022, no opposition has been filed....

Excerpt: ...ristina Hernandez, Olga Resendiz, Celia Lopez, and Pablo Fernando Hernandez damages relating to the death of Decedent Jose Luis Hernandez (“Decedent”). The operative First Amended Complaint (“FAC”) alleges that defendants as landlords and owners of the property located at 11520 E. Perkins Avenue, Santa Fe Springs, CA 90606, breached their duty by failing to maintain the property in a habitable condition, control the power lines, and faile...

Excerpt: ...“Defendant”) for injuries Plaintiff sustained for a slip and fall at Defendant's golf course. 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 November 29, 2021 and December 3, 2021, Orders pertaining to Defendant's motion to compel initial responses to the...

Excerpt: ...n (“Plaintiff”) filed this action against Defendants Robertson's Ready Mix, Ltd. (“RRM”) and David Edward Betancourt (“Betancourt”) (collectively, “Defendants”) for damages arising out of a motor vehicle accident. The complaint alleges a single cause of action for negligence. On January 5, 2022, Plaintiff's ex parte application to continue trial and for leave to amend complaint was heard. The court continued the then January 25, 2...

Excerpt: ...f Los Angeles (“Defendant”) for damages arising from Plaintiff's trip and fall on a sidewalk. Trial is currently set for August 19, 2022. At this time, Defendant seeks to file a cross-complaint against Margarita Alvara and Mario Alvara (collectively, “Cross-Defendants”) for (1) indemnification, (2) apportionment of fault, and (3) declaratory relief. The motion is unopposed. 2. Motion for Leave to File Cross-Complaint A cross-complaint aga...

Excerpt: ...tively, “Plaintiffs”) filed this action against Defendant Matthew D. Malamet, M.D. (“Defendant”) for medical malpractice. At this time, Defendant moves for terminating sanctions against each Gayeva and Mkrtchyan dismissing Plaintiffs' complaint because of Plaintiffs' misuse of the discovery process by failing to serve responses to initial discovery and failing to comply with the court's September 1, 13 and 14, 2021 orders pertaining to De...

Excerpt: ...st Defendant Thomas Robert Porter (“Defendant”) for damages arising from a two-motor vehicle accident that occurred on August 22, 2017. Defendant filed an answer on May 14, 2021. Defendant now moves to dismiss the action for delay in prosecution. As of February 8, 2022, no opposition has been filed. Defendant contends Plaintiff has inexcusably delayed prosecuting this action by failing to bring the action to trial within two years of its comm...

Excerpt: ...i, John Soumi and Rasha Vivian Soumi as Trustees of the JR Trust, and City of Redondo Beach for damages arising from a trip and fall on a driveway/sidewalk. The complaint alleges causes of action for negligence and premises liability against all defendants. The premises liability claim includes a count for dangerous condition of public property. Defendant City of Redondo Beach (the “City”) now demurs to the negligence cause of action in the c...

Excerpt: ...f Compton (“Defendant” or the “City”) for damages relating to Plaintiff's trip and fall on a sidewalk. The complaint alleges Plaintiff tripped and fell in a hole in the sidewalk that used to have a tree or plants planted in it. On May 6, 2021, Intervenor Los Angeles County Metropolitan Transportation Authority (“LACMTA”) filed its complaint in intervention against the City. The complaint alleges a single cause of action for premises l...

Excerpt: ...City of Los Angeles (the “City”) for damages arising from a trip and fall on a sidewalk. The complaint alleges a single cause of action for statutory liability pursuant to Government Code § 835. On June 18, 2022, the City filed a cross- complaint against West 6th & Broadway Partnership (“West 6th"), erroneously sued and served as West Sixth and Broadway, alleging causes of action for (1) indemnification, (2) apportionment of fault, and (3)...

Excerpt: ...on, Inc. and Karen Castro for injuries Plaintiff, who was in a wheelchair on board defendants' van, sustained when Plaintiff reversed off of the bed of the van and dropped three feet on the ground. The operative Second Amended Complaint (“SAC”) alleges causes of action for (1) negligence and (2) negligent hiring, training, and retention. The SAC includes a prayer for punitive damages against Karen Castro only. Defendant Karen Castro (“Castr...

Excerpt: ...ndant”) for damages arising out of an automobile accident. At this time, Defendant moves for an order compelling Plaintiff's compliance with demand for physical examination. Plaintiff opposes the motion, and Defendant filed a reply. II. Motion to Compel Physical Exam CCP § 2032.220 states: (a) In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both ...

Excerpt: ...he “City”) and Does 1 to 50 for damages arising from a trip and fall on a sidewalk. Trial is currently set for March 28, 2022. The City now moves to continue the current trial date to July 25, 2022, or a date thereafter. Plaintiff opposes the motion, and the City filed a reply. On February 1, 2022, Plaintiff's counsel filed a supplemental declaration. The City objects to the supplemental declaration as late. However, because the City was able...

Excerpt: ...is action against Defendants, Felix Gilbert Segura and Penske Truck Leasing Co., L.P for damages arising from a motor vehicle accident. The complaint alleges a single cause of action for negligence. On August 11, 2021, Penske Truck Leasing Co., L.P.'s (“Penske” or “Defendant”) motion for summary judgment was granted on the grounds that Plaintiffs' claims against Penske were precluded under 49 U.S.C. § 30106- the Graves Amendment and that...

Excerpt: ...n Bank”), erroneously served and served as Union Bank, and Kamran Qureshi (“Qureshi”) (collectively, “Defendants”) for damages arising out of Plaintiff's slip and fall in Defendants' property. At this time, Defendants move to compel Plaintiff to attend two mental examinations. Plaintiff opposes the motion. Defendants seek an order compelling Plaintiff to attend a neuropsychological examination with Dr. Robert K. Light (“Dr. Light”) ...

Excerpt: ...f”) filed this action against defendants John Woodward, Shawnnette Woodward, and Alexis Faulkner for damages arising from a motor vehicle accident. At this time, Defendants John Woodward and Shawnnette Woodward (“Moving Defendants”) move for terminating sanctions against Plaintiffs dismissing Plaintiffs' complaint because of Plaintiffs' misuse of the discovery process by failing to serve responses to initial discovery and failing to comply ...

Excerpt: ...ton (“Norton”), 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. On January 26, 2022, the court heard a Petition to Confirm Minor's Compromise concerning Jones filed by Norton. The petition provided that as a result of the accident, Claimant suffered quadriplegia, cognitive problems, including memory and i...

Excerpt: ..., (collectively, Plaintiffs”) filed this action against defendants Cedars-Sinai Medical Group, et al. for wrongful death relating to defendants' care and treatment of Decedent Fabian Davis (“Decedent”). At this time, Johanna Oda Kreutz, P.A. (“Defendant” or “Kreutz”) moves for summary judgment. Any opposition to the motion was due on or before January 25, 2022. As of February 2, 2022, no opposition has been filed. 2. Motion for Summ...

Excerpt: ...c. (“SRJ”), and Sharma Poonam (“Poonam”) for damages arising out of an assault and battery. Plaintiff alleges Poonam, in her capacity as an employee of 7-Eleven and SRJ, threw hot water on her and caused her to sustain burns. On December 9, 2020, SRJ filed a cross-complaint against 7-Eleven for express indemnity, implied indemnity, comparative indemnity, declaratory relief, and equitable indemnity. The cross- complaint alleges that in or ...

Excerpt: ... Associates, Inc., et al. (“Defendants”) for medical negligence. The Trial is currently set for April 6, 2022. Defendants now move for an order specially setting their motion for summary judgment, or alternatively, to continue the current trial date. The motion is unopposed. Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. (CRC Rule 3.1332(c).) The Court may grant a continuan...

Excerpt: ...Betancourt (“Luisa”) and Eduardo Molina Betancourt (“Eduardo”) for subrogation. On January 22, 2021, Plaintiff filed a Request for Dismissal as to Luisa only dismissing Luisa with prejudice. On April 28, 2021, the court signed and filed a Stipulation for Settlement and Order signed by Eduardo, Plaintiff, and their counsel. Plaintiff filed the instant motion to set aside dismissal and for entry of judgment against Eduardo. [1] The motion i...