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: ...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...