Excerpt: ...) arising from a motor vehicle collision that occurred on February 25, 2022. On March 7, 2023, Defendant filed an answer to Plaintiff's complaint. On March 10, 2023, Plaintiff filed this demurrer to Defendant's Answer. Plaintiff demurs to Defendant's First through Ninth Affirmative Defenses on the grounds that they fail to state sufficient facts and are uncertain, ambiguous, and/or unintelligible. Legal Standard An answer should contain any and a...

Excerpt: ... Motors LLC (“Defendant”) asserting three causes of action under the Song-Beverly Act (“SBA”) and one cause of action for fraudulent inducement. Plaintiff alleges that he purchased a 2019 Chevrolet Silverado on August 8, 2019, which had a defective transmission. (Compl., ¶ 4.) On March 6, 2023, Defendant filed this demurrer and motion to strike. Defendant argues that Plaintiff's fraud claim is barred by the statute of limitations, fails ...

Excerpt: ...ndants Janice Yen, Leslie Yen, Jenny Chan, Vivien Djeu, and Steps Academy, Inc. (“Steps”). Zhang is a minority shareholder of Steps, a closely held corporation that runs a private elementary school in Arcadia, California. Zhang alleges that she purchased a 29% ownership interest in Steps in 2015 and claims that ever since, her rights as a minority shareholder have oppressed. Z.D. alleges he sustained personal injuries and asserts causes of ac...

Excerpt: ...e Brees Campbell, Studios at Walnut, LLC, and De Miranda Management (collectively, “Defendants”). On March 21, 2023, Defendants filed this motion for “evidentiary sanctions” relating to Plaintiff's lost earnings. No opposition brief is on file with the Court, but Defendants filed a reply brief on April 10, 2023, which referred to an opposition brief that was at least served. Based on the papers that have been filed, the Court DENIES the m...

Excerpt: ...intiffs”) filed this action against defendants Volkswagen Group of America, Inc. (“Volkswagen Group of America”) and Volkswagen Alhambra (collectively, “Defendants”). On December 21, 2022, by stipulation of the parties, Plaintiffs filed the operative Second Amended Complaint (titled as the “First Amended Complaint” on the caption page). Plaintiffs assert causes of action for: (1) breach of express warranty obligations under the Song...

Excerpt: ...tion against defendant U.S. Bank National Association ("Defendant") (erroneously sued as "U.S. Bank, N.A."). On February 10, 2023, Plaintiff filed the operative First Amended Complaint ("FAC"). Plaintiff is suing for damages relating violations of the Homeowner Bill of Rights Act ("HBOR") and other statutes arising from a loan modification review and foreclosure proceedings relating to the real property located at 23540 Cherry Street, Newhall, CA...

Excerpt: ...gainst defendant Optimist Boys Home and Ranch, Inc. ("Defendant") (erroneously sued as "Optimist Boys' Home & Ranch") asserting causes of action for intentional tort and violation of the Crown Act, general negligence, and intentional infliction of emotional distress ("IIED"). Plaintiff alleges that Defendant engaged in improper conduct while providing childcare for her son by cutting his hair in accordance with a court order. Defendant demurs to ...

Excerpt: ...the Department of Transportation ("Defendant") (erroneously sued as "State of California") demur to the third cause of action for general negligence in the complaint filed by Plaintiff Irene Perez ("Plaintiff') on December 19, 2022. Plaintiff asserts causes of action for dangerous condition of public property and general negligence against Defendant arising from two slip-and-fall incidents on January 3, 2022, and January 7, 2022. The demurrer is ...

Excerpt: ... gender violence, retaliation, intentional and negligent infliction of emotional distress, negligent supervision and failure to warn, train, or educate, and wrongful termination. On January 12, 2023, Plaintiff filed the First Amended Complaint in which she named the following defendants: Genesis Health Care LLC, Sava Senior Care LLC, Sava Senior Care Administration Services, LLC, Kaiser Permanente m-a SSC Tarzana Operating Company LP dba Tarzana ...

Excerpt: ...January 20, 2023, Defendant Anil D. Mall ("Defendant") filed this motion to compel further responses without objections by plaintiff Corona Medical, Inc. dba Advanced Care Pharmacy ("Plaintiff') to Special Interrogatories (Set Two). The Court addresses at the outset whether this motion is timely. Notice of a motion for an order compelling a further response must be "given within 45 days of the service of the verified response, or on or before any...

Excerpt: ...ction against the City of Pasadena ("Cityé') and Spiniello Co. ("Spiniello") (collectively, "Defendants") alleging breach of contract and general negligence in connection with the installation and repair of a water main. On December 28, 2022, City filed a cross-complaint against Spiniello. On February 28, 2023, Plaintiffs filed this motion for leave to file a First Amended Complaint ("FAC"). LEGAL STANDARD The court may, in its discretion and af...

Excerpt: ...on against defendants Artisan Glass & Design ("Artisan Glass"), Renee Heston ("Heston") , Tom Garlock ("Garlock") , Angela Serranzana ("Serranzana"), and Hackler, Flynn & Associates, A.P.C. ("Hackler Flynn") alleging contractual fraud involving a purported settlement agreement in a wrongful termination action widing in Orange County Superior Court, captioned Rivas v. Artisan Glass and Design, lnc (Case No. 30-2021-01181131-CU-WT-CJC). On Septembe...

Excerpt: ... action against defendants Edward Lo ("Lo"), Chang Huan Hsueh, David Wan, Wilson Ngai, and Julian Fong (collectively, "Defendants") asserting claims for breach of fiduciary duty, slander, intentional infliction of emotional distress, harassment, and declaratory relief. On September 29, 2022, the Honorable Colin P. Leis granted in part Defendants' special motion to strike pursuant to CCP S 425.16. Judge Leis also sustained Defendants' demurrer to ...

Excerpt: ...u and Wang Medical Corporation (“Plaintiff”) filed this action against defendants Health Net of California (“Health Net”) and Centene Management Company LLC (“Centene”) (collectively, “Defendants”). Plaintiff asserts claims for breach of contract, open account, account stated, and service had and received. Plaintiff alleges that it provided medical services to Defendants' insureds but was not fully compensated as promised. Plainti...

Excerpt: ...his is an action to recover money for pharmaceutical serv-ices provided by plaintiff Corona Medical, Inc. ("Plaintiff') to Med Star Hospice Care, Inc. ("Med Star"). The action was originally filed on October 29, 2020 and named Med Star and Maria Cecilia Tran ("Tran") as defendants. Moving parties Anil Donald Mall ("Mall") and Silverlake Management LLC ("Silvelakes") were named as Doe 1 and Doe 2 in Plaintiffs Complaint on June 4, 2021. A First Am...

Excerpt: ...Plaintiffs") filed this action for violation of the Song-Beverly Consumer Warranty Act and fraudulent concealment against defendant American Honda Motor Co., Inc. ("Defendant"). Plaintiffs' fraud claim arises from the concealment of material facts at the time they purchased a used 2018 Honda Odyssey (the "Vehicle"). Specifically, Plaintiffs claim that Defendant concealed the existence and nature of a defect with the Vehicle's transmission (the "T...

Excerpt: ...na Wachel (collectively, "Plaintiffs") against defendants Ty Labbe ("Labbe") and Liza Gonzalez (collectively, "Defendants"). The operative Second Amended Complaint ("SAC") was filed on August 25, 2022, and asserts causes of action for malicious prosecution, abuse of process, negligence, intentional infliction of emotional distress, trespass to chattels, and defamation. The action arises from an incident on January 8, 2021 involving Plaintiffs' un...

Excerpt: ... in pro per, filed this action against defendant Optimist Boys Home and Ranch, Inc. (“Defendant”) (erroneously sued as Optimist Boys' Home & Ranch”) asserting causes of action for intentional tort and violation of the Crown Act, general negligence, and intentional infliction of emotional distress (“IIED”). Plaintiff alleges that Defendant engaged in improper conduct while providing childcare for her son by cutting his hair in accordance...

Excerpt: ...mited liability company pursuant to Corporations Code section 17701.01(b). Jaime alleged that they, along with respondent Thomas Smock (“Smock”), formed Tequisquiapan, LLC (“LLC”) on June 16, 2004, with each having 50% membership interest. The LLC operated a business known as the Four Seasons Tea Room located at 75 North Baldwin Avenue in Sierra Madre, California (the “Real Property”). The Real Property is a multi-use building with co...

Excerpt: ... plaintiff Universal Shopping Plaza (“Plaintiff”) filed this unlawful detainer action against defendant Vege Paradise Restaurant Inc. (“Defendant”) concerning the commercial real property located at 140 West Valley Blvd. #222, San Gabriel, California 91776 (“Premises”). A trial date is not yet set. Plaintiff seeks an order granting summary judgment on the unlawful detainer action or, in the alternative, summary adjudication of Defenda...

Excerpt: ... the parties. Plaintiffs Alan Chang Wah Tang and Hou Chung Man (collectively, “Plaintiffs”) are the trustees of the bankruptcy estate belonging to defendant Lee Siu Fung, Siegfried (“Defendant”). Defendant's surname is Lee and Siegfried is his adopted name. From June 2020 to February 2021, Defendant was ordered by the High Court of the Hong Kong Special Administrative Region Court of First Instance (the “Hong Kong High Court”) to pay ...

Excerpt: ...County of Los Angeles, and City of Pico Rivera, alleging (1) dangerous condition of public property, (2) vicarious liability for the wrongful acts or omissions by public entity employees, (3) premises liability, and (4) negligence. Plaintiff alleges that Defendants negligently maintained a sidewalk surface, causing Plaintiff injuries. On October 16, 2019, Plaintiff dismissed County of Los Angeles. On April 22, 2021, Plaintiff dismissed City of Lo...

Excerpt: ...d on December 13, 2018 by America Fuji Healthware Inc. (incorrectly styled on the Court's docket as “American Fuji”, hereinafter “America Fuji”) against Jade Plaza, LLC, Honeywell International Inc., United Technologies Corporation, and Carrier Corporation. The action arises from a fire that occurred on December 15, 2015 at 301 E. Garvey Avenue, Unit 301 in the attic of a restaurant. The fire then spread to the attics of the other units. ...

Excerpt: ...T Development, Inc. (“Defendant”). Plaintiff alleges that on or about August 10, 2019, Defendant operated a restaurant known as “Yunnan Restaurant” and prepared a meal for Plaintiff. Plaintiff claims that the food that was served contained a hard object like a stone. On April 21, 2021, Defendant filed a cross-complaint for indemnity, apportionment, and declaratory relief against Roes 1 through 50. On November 7, 2022, Defendant filed this...

Excerpt: ...”) and Wish Automotive III, Inc. dba Nissan of Alhambra (“Nissan of Alhambra”). Plaintiff asserts causes of action against NNA for violation of the Song-Beverly Act and fraudulent inducement relating to an allegedly defective emergency braking system for a 2020 Nissan Pathfinder purchased on March 24, 2021 (the “Vehicle”). Plaintiff asserts a cause of action for negligent repair against Nissan of Alhambra relating to the Vehicle. On Nov...

Excerpt: ...led this action against defendants Nissan North America, Inc. (“NNA”) and Martin Motors of El Monte, Inc. dba El Monte Nissan for (“El Monte Nissan”) (collectively, “Defendants”). Plaintiff alleges that on September 9, 2020, he purchased a new 2020 Nissan Kicks (the “Vehicle”) with a defective continuously variable transmission (“CVT”). Plaintiff asserts causes of action for violations of the Song-Beverly Act, intentional misr...

Excerpt: ...f”) filed this action against manufacturer defendant Nissan North America, Inc. (“NNA”) for: (1) violation of Song-Beverly Act and breach of express warranty, (2) fraudulent inducement and intentional misrepresentation, and (3) fraudulent concealment. On August 25, 2022, NNA filed an answer to Plaintiff's complaint. On October 18, 2022, NNA filed a declaration in support of a motion to compel arbitration and stay proceedings without a notic...

Excerpt: ...SPONSES TO SPECIAL INTERROGATORIES, SET ONE; (3) OVERRULING DEFENDANT'S OBJECTIONS; AND (4) SANCTIONS Dept. 3 8:30 a.m. February 17, 2023 I. INTRODUCTION On November 21, 2022, plaintiff GDCV PASADENA 201, LLC (“Plaintiff”) filed this action against defendant IRR VENTURES, LLC (“Defendant”). Trial is currently scheduled for March 20, 2023. Plaintiff seeks an order compelling Defendant to provide further answers to GDCV's Requests for Produ...

Excerpt: ...dreas Hessing and Karen Bonfigli (collectively, “Plaintiffs”) filed this action against defendants Roberto Mercado and Rubina Mercado (collectively, “Defendant”), alleging the following causes of action: (1) trespass to real property; (2) private nuisance; (3) declaratory relief; (4) injunctive relief; and (5) negligence. On November 21, 2022, Defendants filed a cross-complaint against Plaintiffs alleging claims for trespass, invasion of ...

Excerpt: ...t. 3 8:30 a.m. February 17, 2023 I. INTRODUCTION On April 26, 2022, plaintiff Rosevianney C. Ogumsi (“Plaintiff”) filed this action against defendants Richard Dale Gentile, D.D.S., Heydar Hamid Shahrokh D.D.S., and Heydar Hamid Shahrokh D.D.S. Inc. dba Comfort Dental Center (erroneously sued as “Comfort Dental Center”) (collectively, “Defendant”). On September 26, 2022, Plaintiff filed the operative Second Amended Complaint, asserting...

Excerpt: ... (collectively, “Plaintiffs”) filed this action against defendants Jessica Rose Moorehead and Nu Matics Athletics LLC (collectively, “Defendants”) arising from a dispute regarding the ownership and control of trademarks/service marks, social media, and financial and credit accounts. On February 25, 2021, Defendant Jessica Rose Moorehead (“Moorehead”) filed a cross-complaint against the Plaintiffs. On June 8, 2022, Plaintiffs filed a S...

Excerpt: ...OR MONETARY SANCTIONS (2) DEFENDANT HEYDAR SHAHROK, D.D.S.'S MOTION TO DEEM MATTERS IN REQUEST FOR ADMISSIONS, SET ONE, ADMITTED, AND REQUEST FOR MONETARY SANCTIONS Dept. 3 8:30 a.m. February 16, 2023 I. BACKGROUND On February 27, 2019, plaintiff Rosevianney C. Ogumsi (“Plaintiff”) filed this medical malpractice action. On September 26, 2022, Plaintiff filed the operative Second Amended Complaint (“SAC”) against defendants Richard Dale Ge...

Excerpt: ...bility action against the City of South Pasadena (“the City”). Plaintiff alleges she was crossing a parkway from the street when she tripped on a sidewalk that had been uplifted higher than the parkway surface. Supposedly a root from a tree in the parkway had lifted the sidewalk. On September 6, 2018, Plaintiff added West Coast Arborists (“WCA”) as a doe defendant. WCA was the vegetation vendor who contracted with the City to trim the Cit...

Excerpt: ... 16, 2021, filed the Second Amended Complaint (“SAC”) against The Arcadia Spine Center; Clarizio Chiropractic, Inc. (“Clarizo Inc.”); Dr. Winston Shi, an individual; Xu Shi Acupuncture, an unknown entity; Doe front Desk, an individual (Doe 1); Doe Office Manager, an individual (Doe 2); and Does 3 to 25, inclusive alleging (1) Medical Negligence; (2) Medical Battery; (3) False Imprisonment; (4) Negligence; (5) Premises Liability; (6) Negli...

Excerpt: ...ntiff asserts a cause of action for violation of the Unruh Civil Rights Act. On June 31, 2022, the Court's Clerk entered default against Defendant. Plaintiff now seeks a default judgment against Defendant for $9,078, representing, $8,000 in damages, $504 in costs, and $570 in attorney's fees. II. LEGAL STANDARD CCP §585 permits entry of a judgment after a Defendant has failed to timely answer after being properly served. A party seeking judgment...

Excerpt: ...Ji”) filed this premises liability action on December 13, 2018. The First Amended Complaint (“FAC”) was filed on March 1, 2019. On October 29, 2021, Plaintiffs filed an amendment to the complaint, naming Robert Chanh Phu Diep as Doe 6. On May 26, 2022, this Court sustained Defendants L.B.G.D. Investment Inc. and Bing Liu's demurrer to Plaintiff's FAC as to the first and third causes of action for negligence and products liability. Plaintiff...

Excerpt: ...Ogumsi (“Plaintiff”) filed this medical malpractice action. On September 26, 2022, Plaintiff filed the operative Second Amended Complaint (“SAC”) against defendants Richard Dale Gentile, D.D.S. (“Gentile”), and Heydar Hamid Shahrokh, D.D.S., an individual, and Heydar Shahrock, D.D.S., Inc., dba Comfort Dental Center (erroneously sued as Comfort Dental Center), asserting causes of action for (1) professional negligence (dental malpract...

Excerpt: ...iam Zhang (“Plaintiff”) filed this action against defendants Kemi Cai, Zexian Li, and Nick Chui (“Defendants”). On December 6, 2022, Plaintiff filed a first amended complaint (“FAC”). Trial is not set. On December 13, 2022, Defendants Cai and Li filed a motion to quash service of summons. On January 20, 2023, Plaintiff filed an opposition to Defendants' motion. On January 30, 2023, Defendants filed a reply. II. LEGAL STANDARD “An in...

Excerpt: ...C. Ogumsi (“Plaintiff”) filed this medical malpractice action. On September 26, 2022, Plaintiff filed the operative Second Amended Complaint (“SAC”) against defendants Richard Dale Gentile, D.D.S., and Heydar Hamid Shahrokh, D.D.S., dba Comfort Dental Center (erroneously sued as Comfort Dental Center) (collectively, “Defendants”), asserting causes of action for (1) professional negligence (dental malpractice), (2) intentional in infli...

Excerpt: ...nst Defendants Defendant Doe 1, Council, and Does 2 through 40 (“Defendants”) for four causes of action: (1) negligence; (2) negligence supervision of a minor; (3) negligent hiring and or retention; and (4) sexual battery. This action arises out of the childhood sexual assault of Plaintiff when Plaintiff was a minor. On December 23, 2022, Plaintiff filed a motion to seal certificates of merit. The motion is made pursuant to CCP section 340.1....

Excerpt: ...ENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION Dept. 3 8:30 a.m. January 31, 2023 I. INTRODUCTION The operative pleading is the first amended complaint (“FAC”) filed by Plaintiff Jane Doe (“Plaintiff”) against Defendants City of Hope Medical Center, Sam Vu, and Flex Care Medical Staffing (collectively “Defendants”) on May 21, 2020. Plaintiff's FAC alleges fives causes of action: (1) negligent hiring, retention, and supervision; (2) ...

Excerpt: ...CTION On August 24, 2022, Plaintiff Encore Automotive, Inc. (“Plaintiff”) filed a complaint against Defendants Robert Y. Lee (“Lee”), Stephanie Lin (“Lin”), and Wellcharter International Corp. for three causes of action: (1) breach of fiduciary duty (conflict of interest) against Lee; (2) breach of fiduciary duty (usurpation of corporate entity) against Lee; and aiding and abetting breach of fiduciary duty against Lin and Wellcharter....

Excerpt: ...s unlawful detainer action against defendants Qiao Liu, an individual doing business as Noodle Bistro (“Defendant”), and Does 1 through 20, inclusive. On December 12, 2022, Defendant filed this instant demurrer to Plaintiff's Complaint on the grounds that it does not state facts sufficient to state a claim against Defendant. On January 9, 2023, Plaintiff filed an opposition. On January 17, 2023, Defendant filed a reply. Although the oppositio...

Excerpt: ...-Chang (“Defendants”), asserting causes of action for: (1) retaliation/harassment; (2) discrimination on the basis of age; (3) discrimination on the basis of disability; (4) hostile work environment; (5) negligent hiring, training, supervision, and/or retention; (6) defamation—libel and slander; and (7) unfair business practices. On September 2, 2022, the Court granted Defendants' special motion to strike paragraphs 43, 59(b), 65(e), 75(e),...

Excerpt: ... brought this subrogation action against Yogi Rakesh Patel (“Defendant”) for damages arising from a motor vehicle accident between Defendant and insured. On July 11, 2019, Defendant filed an answer. The parties agreed in the stipulation that the action shall be dismissed without prejudice and Defendant shall pay $26,000.00 in full settlement. On April 7, 2020, the Court ordered the entire case dismissed without prejudice pursuant to the Stipu...

Excerpt: ...nzalez (“Plaintiff”), a minor, by and through his guardian ad litem, Janahi Gonzalez-Cruz, filed this action against defendant Valley Presbyterian Hospital (“Defendant”). Plaintiff alleges that Defendant, through its hospital staff and respiratory therapists, negligently managed his neonatal care resulting in a severe hypoxic brain injury. (Compl., ¶ 12.) On May 25, 2021, Plaintiff filed a notice of settlement. On August 30, 2021, the Co...

Excerpt: ...st defendant City of Culver City (“Defendant”). Trial is currently scheduled for February 23, 2023. Plaintiff seeks an order continuing the trial date, but does not specify the date. The earlier filed ex parte Application requested a date in September 2023 that is not available. The motion is unopposed. II. LEGAL STANDARD Trial dates are firm to ensure prompt disposition of civil cases. (Cal. Rules of Court, rule 3.1332(a).) Continuances are ...

Excerpt: ... 2020, Plaintiff Simon Cohen (“Plaintiff”) filed a Complaint alleging causes of action for negligence arising from a motor vehicle accident. The Complaint was filed against several defendants, including Defendant Silvicom, Inc. (“Defendant”). In a motion filed on November 17, 2023, Defendant moves to compel Plaintiff's further responses to Request for Production of Documents (Set One), and sanctions against Plaintiff and his counsel. Spec...

Excerpt: ...18, plaintiffs Michael Golden and Samantha Mondrosch (collectively, “Plaintiffs”) filed this wrongful death action against defendants Erik Limon (“Limon”) and Jenevieve B. Hegedus (“Hegedus”) arising from the death of Tracy E. Adams (“Decedent”). Plaintiffs allege that Decedent was riding her bicycle on September 6, 2017, when Limon hit her with his vehicle and drove away without rendering assistance. Plaintiffs allege that Hegedu...

Excerpt: ... AGAINST GEORGE OKETCHO AND COUNSEL OF RECORD, JOINTLY AND SEVERALLY; Dept. 27 1:30 p.m. January 13, 2023 I. INTRODUCTION The present action arises from an automobile collision, which occurred on approximately March 24, 2018, and upon Rosemead Boulevard in Los Angeles, California. On said date, George Oketcho (“Plaintiff”) was stopped in his vehicle, when a separate vehicle driven by Carol Dubois-Chess (“Defendant Dubois-Chess”) collided ...

Excerpt: ...against defendant Bank of America, N.A. (“Defendant”) (erroneously sued as “Bank of America Corporation”) and Does 1 to 100 asserting causes of action for: (1) general negligence, (2) premises liability, (3) assault, (4) negligent hiring, training, supervision, and retention of employees, and (5) intentional infliction of emotional distress (“IIED”). On November 28, 2022, Plaintiff amended the Complaint to add Loomis Armored US, LLC a...

Excerpt: ...ry 10, 2023 On February 10, 202s, Plaintiff Michael Vaginak Kovchyan (“Plaintiff”) brought this action for motor vehicle and general negligence against Defendant Gladis Deisy Gonzalez (“Defendant”). Plaintiff alleges on February 16, 2020, Plaintiff was travelling on a one-wheel skateboard in North Hollywood when the vehicle Defendant was driving collided with him. On June 21, 2022, Defendant served Plaintiff with a Demand for Production o...

Excerpt: ...formed the procedure so that he could refer plaintiff to PTS for physical therapy. PTS is owned by defendant's wife. Plaintiff has moved to amend the complaint to assert punitive damages and defendant has opposed. The court has continued the motion to allow plaintiff to try and obtain sufficient evidence to warrant the amendment. One avenue plaintiff wants to pursue is PTS's economic interest in plaintiff's referral or the referrals of others by ...

Excerpt: ...) filed this action against defendants Talia Vartanian Kaloostian (“Defendant”) and Paul Kaloostian (collectively, “Defendants”). Trial is currently scheduled for January 25, 2023. On December 20, 2022, Defendants filed this motion for an order continuing the trial date to April 26, 2023. On December 21, 2022, Plaintiff filed an opposition brief. On December 27, 2022, at Plaintiff's request, Paul Kaloostian was dismissed from the complain...

Excerpt: ...brought this action against Defendants Los Angeles World Airport, HMSHost Corporation, and Starbucks Corporation (“Defendants”), asserting causes of action for negligence and dangerous condition of public property. Plaintiff alleges on June 23, 2021, while she was waiting to pick up an arriving passenger at LAX Terminal 4, she tripped and fell over an unattended car that was delivering items to Starbucks. Plaintiff was allegedly injured while...

Excerpt: ...fs Xiao Yan Wu and Chuanyue Wu (collectively, “Plaintiffs”), individually and as successors-in-interest of Yin Wu (“Wu”), filed this action against defendants James Cody Skene (“Skene”), Bird Rides, Inc. (“Bird”), and the City of Los Angeles (“City”). Plaintiffs allege that Wu was killed on May 29, 2021, while walking on the sidewalk along Lincoln Boulevard south of Marco Court. Skene, with Doe 1, was intoxicated and riding an...

Excerpt: ...3, 2023 I. BACKGROUND On September 20, 2021, Plaintiff Eliezer Molina (“Plaintiff”) filed this action against Defendants Pacific Gateway Transportation, Inc. (“Pacific”) and Heliodoro Molina (“Defendants”) for damages arising from a motor vehicle accident occurring on November 10, 2020. On July 14, 2022, Plaintiff propounded Requests for Admissions, Set One, Requests for Production, Set One, Form Interrogatories, Set One, and Special ...

Excerpt: ...filed this action against defendant DK Sol, Inc. dba Dangki Woman Spa (the “Spa”) asserting causes of action for negligence and premises liability after she fell at the spa on August 27, 2018 while receiving a “wet massage.” On May 6, 2022, Plaintiff named Yushun Piao (“Piao”) as Doe 1. On October 10, 2022, the Spa and Piao (collectively, “Defendants”) filed this motion for summary judgment. Defendants argue that summary judgment ...

Excerpt: ...che (“Plaintiff”) filed this action against Defendant City of Los Angeles (“Defendant”) for injuries arising from an alleged trip and fall on September 9, 2020. On December 20, 2021, Defendant served Form Interrogatories, Set One, and Special Interrogatories, Set One, on Plaintiff. The deadline for Plaintiff to respond was January 24, 2022. Having received no responses, Defendant proceeded to file these motions compelling Plaintiff to pro...

Excerpt: ...T TATUM'S MOTION FOR GOOD FAITH SETTLEMENT Dept. 27 1:30 p.m. December 30, 2022 I. INTRODUCTION AND RELEVANT PROCEDURAL BACKGROUND On December 23, 2021, plaintiff Russell Patten, individually and as the successor-in-interest to and administrator of the Estate of Daniel Patten II (“Decedent”), along with plaintiff Jennifer Patten (collectively, “Plaintiffs”), filed this action against defendants City of Carson (“City”), County of Los A...

Excerpt: ... of Los Angeles (“Defendant”) asserting causes of action for negligence, premises liability, and negligent supervision. Plaintiff alleges that Defendant owned the property at 10212 Kalua Dr., in Shadow Hills, California (the “Property”) and that on May 14, 2018, she was injured when she walked towards the street of the Property and unknowingly stepped on a rock/whole floor which caused her to slip and fall. On April 5, 2022, Plaintiff fil...

Excerpt: ...021, Plaintiff Helen Grebow (“Plaintiff”) filed this action against Defendant Gordon H. Sasaki (“Defendant”) for injuries arising from a medical procedure performed by Defendant. On October 1, 2021, Defendant propounded Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Production, Set One, on Plaintiff by electronic mail. (Corson Decl. ¶ 4, Ex. A.) After granting several extensions, Defendant filed three (...

Excerpt: ...his action against defendants Lyft, Inc. (“Lyft”) and Christopher Torzano (“Torzano”). This action arises from an automobile accident that occurred on or about July 16, 2019. On August 23, 2022, Lyft filed this motion for a protective order regarding Plaintiff's demand to depose its person most qualified (“PMQ”) and Plaintiff's requests for production of documents. Lyft requests that this Court enter a protective order prohibiting the...

Excerpt: ...“Plaintiff”) filed an action (the “Bushara Action”) against defendant Wail Bushara (“Bushara”) arising from a car accident that occurred on November 4, 2018. Plaintiff was a passenger in Bushara's car at the time of the accident. On On November 3, 2020, Plaintiff filed a second action against Matthew Muldoon (“Muldoon”) and Esurance Property and Casualty Insurance Company (“Esurance”, erroneously sued as “Esurance Insurance ...

Excerpt: ...Distinct Cars LLC (collectively, “Defendants”). Trial is currently scheduled for January 23, 2023. On December 2, 2022, Plaintiff filed this motion to continue the trial date, final status conference, and all discovery and motion cut-off dates. The motion is unopposed. II. LEGAL STANDARD Trial dates are firm to ensure prompt disposition of civil cases. (Cal. Rules of Court, rule 3.1332(a).) Continuances are thus generally disfavored. (See id....

Excerpt: ...�) filed this action against defendants Rehab Solutions, LLC (“Rehab Solutions”) and Doe Installer. Plaintiff alleges that on April 18, 2017, she sustained injuries from a negligently installed standing desk. On July 30, 2019, Plaintiff named Louie Byrd (“Byrd”) as Doe 1 Trial is currently scheduled for February 27, 2023. On September 2, 2022, Plaintiff filed a motion for leave to augment her expert witness designation by adding Joshua Pr...

Excerpt: ...tember 25, 2019, plaintiff David Lawrence Foley (“Plaintiff”) filed this action against defendants J.P. Morgan Chase Bank, N.A. (“Bank”), Diamond Parking Service (“Diamond”), and Jovante Childress (“Childress”) (collectively, “Defendants”). Plaintiff filed the operative First Amended Complaint on April 30, 2020 asserting causes of action for negligence, assault, battery, and intentional infliction of emotional distress (“IIE...

Excerpt: ...lleges that on August 9, 2022, Defendant, Ah Lan Yu Cheung, while operating a motor vehicle, struck Plaintiff, Roseanne Cheryl Zide, while she was on foot and crossing the road in a marked crosswalk. Plaintiffs allege claims for negligence and negligent entrustment. Defendants filed their answer on November 17, 2022. II. ARGUMENTS A. Plaintiffs' Motion filed November 28, 2022 Plaintiffs argue that the entire answer lacks facts to support each def...

Excerpt: ...ORTATION TO PLAINTIFFS' FIRST AMENDED COMPLAINT Dept. 27 1:30 p.m. December 21, 2022 I. INTRODUCTION On December 23, 2021, plaintiff Russell Patten, individually and as the successor-in-interest to and administrator of the Estate of Daniel Patten II (“Decedent”), along with plaintiff Jennifer Patten (collectively, “Plaintiffs”), filed this action against defendants City of Carson (“City”), County of Los Angeles (“County”) (also er...

Excerpt: ...s action against defendants Joseph Ward (“Defendant”) and Budget Car Rental, LLC arising from a June 26, 2019 motor vehicle collision. Plaintiff personally served Defendant with the summons and complaint on February 18, 2021 and a statement of damages on October 1, 2021. On July 14, 2022, the clerk entered default against Defendant. On July 29, 2022, Plaintiff filed a proposed judgment and declaration pursuant to CCP 585 in support of an appl...

Excerpt: ... defendant Pecoraro, Inc. (“Defendant”) arising from a construction accident. Plaintiff was working as a glaser for Corona Aluminum on February 23, 2021 at the West Hollywood Library. Plaintiff alleges injuries from being struck in the head after Defendant's worker dropped a metal spray nozzle weighing approximately 3 pounds from the fifth floor. Defendant filed the operative amended answer on December 29, 2021. Trial is currently scheduled f...

Excerpt: ...December 19, 2022 I. INTRODUCTION On April 12, 2022, Lia Ishkhanian (“Plaintiff”), individually and as the successor-in-interest of Haroutune Ishkhanian (“Decedent”) filed this wrongful death action against defendants Kaiser Foundation Hospitals (“Hospitals”), Kaiser Foundation Health Plan, Inc. (“Health Plan”), and Southern California Permanente Medical Group, Inc. (“SCPMG”) (collectively, “Defendants”), as well as Ara Is...

Excerpt: ...plaintiffs Monica Hernandez and Joseph Garcia (collectively, “Plaintiffs”) filed this action against defendants EZ Mailing Services (“EZ Mailing”) and Miarah McKenzie (“McKenzie”) (erroneously sued as “Miarah McKinzie”) (collectively, “Defendants”). On May 13, 2021, Plaintiffs filed the operative First Amended Complaint (“FAC”). This action arises from a motor vehicle collision that occurred on April 9, 2019. Plaintiffs al...

Excerpt: ...efendant Stanley Schuster arising from a May 7, 2019 pedestrian and motor vehicle collision. On November 14, 2022, Defendant filed this motion seeking leave for Dylan Galen Harwood, Ph.D. (“Dr. Harwood”) to conduct a mental examination on Plaintiff on January 11, 2023 at 10:00 a.m. In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff where: (1) the exami...

Excerpt: ...s action against defendants Ali Nayyer (“Defendant”), Jay Patel, Ahmad D. Dudar, Elizabeth Pham, and Long Beach Memorial Hospital. Plaintiff asserts the following causes of action: (1) intentional infliction of emotional distress (“IIED”), (2) constructive fraud, (3) fraud (misrepresentation), (4) fraud (concealment), (5) violation of statute, (6) unfair business practice, (7) negligence, (8) negligent hiring, training & supervision, and ...

Excerpt: ...er Vieyra (collectively, “Plaintiffs”) filed this action against defendant Martha Traub (“Defendant”) arising from an automobile collision that occurred on February 23, 2017. On October 18, 2022, Plaintiffs amended the Complaint to add Jason Traub as a defendant. Trial is currently scheduled for March 8, 2023. On November 15, 2022, Defendant filed this motion seeking an order continuing the trial date to January 17, 2024, and to continue ...

Excerpt: ...Los Angeles (“Defendant”) and Southwest Airlines Co. On October 5, 2022, Defendant filed this motion to strike Plaintiff's request for punitive damages. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1).) The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrele...

Excerpt: ...ember 2, 2020, plaintiff Deeanna Linsmaier (“Plaintiff”) filed an action against defendant Wail Bushara (“Defendant”) arising from a car accident that occurred on November 4, 2018. Plaintiff was a passenger in Defendant's car at the time of the accident. On November 3, 2020, Plaintiff filed a second action against Matthew Muldoon (“Muldoon”) and Esurance Property and Casualty Insurance Company (“Esurance”, erroneously sued as “E...

Excerpt: ...complaint against defendants City of Los Angeles (“City”) and Kaiser Foundation Hospitals (“Kaiser”) for negligence, premises liability, and violation of Government Code section 835 after she fell on May 12, 2020 at approximately 8:30 p.m. On October 28, 2021, Kaiser filed an answer to complaint and a cross- complaint against City for declaratory relief and equitable indemnity. On November 17, 2021, City filed a cross-complaint against Ka...

Excerpt: ...intiff Deeanna Linsmaier (“Plaintiff”) filed an action against defendant Wail Bushara (“Defendant”) arising from a car accident that occurred on November 4, 2018. Plaintiff was a passenger in Defendant's car at the time of the accident. On November 3, 2020, Plaintiff filed a second action against Matthew Muldoon (“Muldoon”) and Esurance Property and Casualty Insurance Company (“Esurance”, erroneously sued as “Esurance Insurance ...

Excerpt: ...(“Plaintiff”) filed this action against defendants Sunray Healthcare Center, Inc. (“Defendant”), Kaiser Foundation Hospitals, Inc. (“Kaiser Foundation Hospitals”), Southern California Permanente Medical Group (“SCPMG”), and Kaiser Foundation Health Plan, Inc. (“Kaiser Foundation Health Plan”) for elder abuse and negligence. Plaintiff has since dismissed Kaiser Foundation Hospitals, SCPMG, and Kaiser Foundation Health Plan from...

Excerpt: ...gle cause of action for general negligence. Plaintiff alleges that on March 26, 2019, he was hired by Defendant to: (1) prune a tree on Defendant's property that was at least 15 feet tall, (2) haul debris, and (3) conduct weed abatement. Defendant provided Plaintiff with a ladder to use while pruning two branches on a tree that was allegedly at least 15 feet tall and when Plaintiff pruned the last branch, the branch fell on him and knocked him of...

Excerpt: ...leges Zhong Xin Du (“Defendant”) completed an unsafe lane change and collided with a vehicle driven by plaintiff Aram Dachian with co-plaintiff Aram Dashyan in the passenger seat. The complaint alleges causes of action for (1) motor vehicle and (2) general negligence. Defendant was served on May 28, 2022, and filed an untimely answer on September 16, 2022 without a cross-complaint. Defendant filed this motion for leave to file a cross-complai...

Excerpt: ...�Lyft”) and Greg Bell (“Defendant”) (named as “Greg Doe”). Plaintiff alleges that on April 27, 2019, she was a passenger in the vehicle driven by Defendant when an argument ensued. (Compl., pp. 6- 7.) Defendant stopped the vehicle and ordered her to exit the vehicle. (Ibid.) As Plaintiff was halfway out of the vehicle, Defendant drove away leaving Plaintiff “hanging half out of the car and with [Plaintiff's] child in thevehicle [sic] ...

Excerpt: ...ndant”) arising from a motor vehicle collision that occurred on August 8, 2019. Trial is currently scheduled for January 20, 2023. On October 28, 2022, Defendant filed this motion for an order continuing the trial date, final status conference, and all cut off dates. In the alternative, Defendant requests that the Court extend the discovery and motion cut-off dates to an unspecified date after March 2023. At this time, the first available trial...

Excerpt: ...y Andrew Northup (“Plaintiff”) filed this action against defendants City of Los Angeles (“City”), County of Los Angeles (“County”), and City of Pico Rivera (“Defendant”). Plaintiff alleges that he tripped and fell on a sidewalk surface on February 8, 2019. On October 16, 2019, Plaintiff dismissed County. On April 22, 2021, Plaintiff dismissed City. On May 27, 2021, Plaintiff named Naomi Arias as Doe 1. On September 1, 2022, Defend...

Excerpt: ...fs Eric Browning (“Browning”) and Terri Hayes (collectively, “Plaintiffs”) filed this action for dependent abuse and neglect, negligence, and loss of consortium against Kaiser Foundation Hospitals (“Kaiser”) and Southern California Permanent Medical Group (“Medical Group”) (collectively, “Defendants”). On August 16, 2022, Defendants jointly filed a demurrer to Plaintiffs' elder abuse cause of action. Defendants also filed a mo...

Excerpt: ... Ramirez arising from a motor vehicle accident that occurred on January 9, 2019. Trial is currently scheduled for December 2, 2022. On October 31, 2022, Plaintiff filed this motion for an order continuing the trial date, and all related deadelins, 90 days. The motion is unopposed. II. LEGAL STANDARD Trial dates are firm to ensure prompt disposition of civil cases. (Cal. Rules of Court, rule 3.1332(a).) Continuances are thus generally disfavored. ...

Excerpt: ... this action against defendant Candytopia, LLC (“Candytopia”). On March 14, 2022, Plaintiff added Youtopia Entertainment, LLC (“Youtopia”) and ZH Productions, Inc. (“ZHP”) as Doe defendants. On July 27, 2022, Plaintiff dismissed ZHP as a defendant, but on August 16, 2022, Candytopia filed a cross-complaint against ZHP for indemnification, contribution, apportionment of fault, and declaratory relief. ZHP subsequently filed a cross-comp...

Excerpt: ...lpractice action against defendants Cedars-Sinai Medical Center (“Cedars- Sinai”), Kerlan-Jobe Orthopaedic Clinic (“Kerlan-Jobe”), Kenneth S. Jung, M.D. (“Dr. Jung”), and Francis M. Yamazaki, M.D. (“Dr. Yamazaki”). Plaintiff alleges he is an American professional male basketball player and on July 1, 2020, presented himself to Kerlan-Jobe's Orthopedic Center for an arthroscopic partial lateral meniscetomy surgery to his left knee ...

Excerpt: ...ATION ARMY, A CALIFORNIA CORPORATION; COLBY HUDSON PINCKARD, AN INDIVIDUAL, JACKIE ROE TRIPLETT, AN INDIVIDUAL, EDWIN BONILLA, AN INDIVIDUAL; AND DOES 1 THROUGH 20, Defendant(s), ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 21STCV37000 [TENTATIVE] ORDER RE: DEFENDANT THE SALVATION ARMY'S DEMURRER TO PLAINTIFFS' THIRD AMENDED COMPLAINT Dept. 27 1:30 p.m. November 22, 2022 I. INTRODUCTION On October 7, 2021, Plaintiffs Rich...

Excerpt: ...PLAINTIFFS' MOTION TO QUASH DEPOSITION SUBPOENAS Dept. 27 1:30 p.m. November 18, 2022 I. INTRODUCTION On January 23, 2020, Mariam Varosyan and Eliza Makichyan filed this action against defendants Mountains Recreation and Conservation Authority and Evan William Paul Ramsey (collectively, “Defendants”) arising from a motor vehicle collision that occurred on August 4, 2019. On May 22, 2020, Williams Alfredo Alvarez-Molineros (“Williams”), Ma...

Excerpt: ...ndants Lyft, Inc. (“Lyft”), Jose Gabriel Martinez (“Martinez”), and Eugene Min Lee, along with the State of California, acting by and through the California Highway Patrol, arising from a motor vehicle collision that occurred on December 23, 2019. At this time, only Lyft and Martinez remain as defendants in this matter. On October 5, 2022, Plaintiff filed this motion for leave to file a first amended complaint. On November 4, 2022, Lyft f...

Excerpt: ...ntiff Silviano Navarro Jr. (“Plaintiff”) filed this action against defendants Julian William Debaca (“Debaca”) and PLH Constructors, Inc. (“PLH”). Plaintiff alleges he was involved in a motor vehicle collision with Debaca on April 13, 2022. Debaca was allegedly operating a vehicle that was registered to and owned by PLH while in the course and scope of his employment with PLH. On October 19, 2022, PLH filed this motion to quash on the...

Excerpt: ...za (“Plaintiff”) filed this action against defendants Los Angeles County Metropolitan Transportation Authority (“Defendant”) and Christopher Garcia arising from a traffic incident that occurred on July 2, 2020. On October 7, 2022, Plaintiff filed this motion for leave to submit a tardy expert designation. Plaintiff also moves to continue the trial date to December 2022 because at the time this motion was filed, trial was scheduled for Oct...

Excerpt: ... November 16, 2022 I. INTRODUCTION On June 1, 2020, plaintiffs Oscar Reyes Sanchez (“Plaintiff”) and Maria Luiza Perez (“Perez”) (collectively, “Plaintiffs”) filed this action against defendants Candyland Amusements (“Candyland”), Resurrection Catholic Church (“Resurrection”) (erroneously sued as “Resurrection Church”), the Roman Catholic Archbishop of Los Angeles (“RCALA”), and Archbishop Jose Horacio Gomez (“Gomez�...

Excerpt: ...rk”) and Cameron Louis (“Louis”) (collectively, “Plaintiffs”) filed this action against State Farm Mutual Automobile Insurance Company (“Defendant”) (erroneously named as “State Farm Insurance Claims”) and Theca Ferdinand Winter (“Winter”). Plaintiffs allege they were involved in a motor vehicle collision with Winter on February 27, 2022, while Winter was driving under the influence and fell asleep behind the wheel. On Octob...

Excerpt: ... filed this action against defendants Eduardo Leija, Sherry Middler, Corporate DNA, LLC, and Suitable Staffing Solutions, Inc. On May 5, 2022, Plaintiff filed the operative First Amended Complaint (“FAC”). On May 23, 2022, Plaintiff added moving defendant, 4 What It's Worth, Inc. dba What It's Worth Global Sourcing (“Defendant”) as Doe 1. The action arises from an eye injury sustained by Plaintiff when he was moving a glass tabletop or mi...

Excerpt: ...ARTY ROUZBEH M. MASROUR, DC'S COMPLIANCE WITH DEPOSITION SUBPOENA Dept. 27 1:30 p.m. November 15, 2022 I. INTRODUCTION On November 19, 2020, plaintiff Luis Alcaraz (“Plaintiff”) filed this action arising from a traffic accident on January 26, 2019. Plaintiff named Joshua Coby Herrera and Tina Herrera as Defendants, and then added Round Table Pizza, Inc., Round Table Pizza No. 00137, Ahad Bagherdia, and Marijala Ghannahi as Does 1 through 4. O...

Excerpt: ...s Moses Jr. Rangel (“Defendant”) and Farmers Insurance (“Farmers”) arising from a November 28, 2020, motor vehicle accident. Trial is currently scheduled for December 14, 2022. Defendant seeks an order continuing the trial date, final status conference, and all discovery cut-off dates for a period of at least 90 days to April 17, 2023, or any available date thereafter. On October 31, 2022, Plaintiff filed an opposition brief. II. LEGAL ST...