Excerpt: ...laintiff”), a minor through his guardian ad litem, Clemon Young Sr., filed this action against Defendant Los Angeles Unified School District (“LAUSD”) arising from a June 1, 2018, assault which took place at school. On May 18, 2019, Plaintiff filed a First Amended Complaint, to which Defendant demurred. The demurrer was sustained on August 23, 2019. On September 12, 2019, Plaintiff filed the operative Second Amended Complaint (“SAC”). O...

Excerpt: ...nox James Daley arising from a September 5, 2018, automobile collision. Plaintiff filed this Motion on September 28, 2021, for leave to file a First Amended Complaint (“FAC”) to add a claim for punitive damages against Defendant. Plaintiff states it was not until June 2021 that he learned through discovery that Defendant had a prior DUI in 2005. (Workman Decl., ¶ 10(c).) The court may, in its discretion and after notice to the adverse party,...

Excerpt: ... malpractice action against Defendant Saleem A. Desai, M.D. (“Defendant”) and NSC Management Company, Inc. dba Endeavor Surgical Center (“Endeavor”). On August 12, 2020, Plaintiff added Los Angeles Gastroenterology Institute as Doe 1. On April 21, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”). Although Plaintiff filed a Second Amended Complaint (“SAC”) on April 23, 2021, Plaintiff did so without seeking leave...

Excerpt: ...ing from an April 14, 2019, trip and fall. Defendant moves to compel Plaintiff's deposition and requests sanctions against Plaintiff and her counsel of record. Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify...

Excerpt: ...tor Company (“Defendant”), among others, for injuries allegedly sustained on January 4, 2018 while riding an escalator inside a Bloomingdale's Department Store. Plaintiff asserts causes of action against Defendant for negligence, strict products liability, and breach of express and implied warranties. Defendant moves for summary judgment on the grounds that Plaintiff's responses to discovery establish that she has no facts or evidence in supp...

Excerpt: ... Defendants Ojani G. Martinez and Gerardo Martinez arising from an April 11, 2018, motor vehicle collision. Defendants filed two motions seeking orders compelling Plaintiff's attendance at two separate medical examinations by neuropsychologist, Dr. Tony L. Strickland, and psychiatrist Dr. James R. High. In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff wh...

Excerpt: ... action for negligence and premises liability. Plaintiff claims that on January 3, 2019, she tripped and fell while attempting to access a shopping cart corral because the toe of her boot was caught on a metal bar at the bottom of the corral. At issue are Defendant's responses to Plaintiff's Form Interrogatories (Set Two) (“Form Interrogatories” or “FROG”), Pre-Trial Special Interrogatories (Set One) (“Special Interrogatories” or “S...

Excerpt: ...r 20, 2021 On December 20, 2019, Plaintiff Lynn Michele Equivel (“Plaintiff”) filed this action against Defendants Stater Bros. Markets (“Defendant”) and Pepsi-Cola Sales and Distribution. Plaintiff alleges she tripped and fell on a dolly and merchandise left on the ground at Defendant's grocery store. On March 26, 2020, Plaintiff named Bottling Group, LLC (“Bottling Group”) as Doe 1. On April 1, 2020, Plaintiff filed a request for di...

Excerpt: ...NTRODUCTION On March 18, 2020, Plaintiff Sedgwick Claims Management Services, Inc. (“Plaintiff”), for real party in interest, Falls Lake Fire and Casualty Company, filed this action against Defendant China Airlines, Ltd. (“China Airlines”) arising from a May 21, 2018, motor vehicle accident. Plaintiff alleges that on May 21, 2018, Diamond Santos (“Santos”) was working in the course and scope of his employment with Plaintiff's insured,...

Excerpt: ...rie Sabb (“Sabb”) and Daser Saquion Desahagun (“Desahagun”) (collectively, “Defendants”) arising from a November 30, 2020, motor vehicle accident. On August 24, 2021, the Court granted Defendant's motions for orders compelling Plaintiff's responses to written discovery within 10 days and ordered Plaintiff to pay sanctions in the amount of $270 within 10 days. Plaintiff, a self-represented litigant, did not oppose Defendant's motions a...

Excerpt: ...Plaintiff”), by and through her guardian ad litem, Guadalupe Martinez, filed this action against Defendant Compton Unified School District for premises liability and negligence. Defendant moves for judgment on the pleadings on the grounds that Plaintiff has failed to state a statutory basis sufficient to allege a viable cause of action for general negligence. Defendant also argues that Plaintiff's cause of action for general negligence is uncer...

Excerpt: ...ano Esteves Tacto, Jr. (“Defendant”) and Sheryl Tacto (collectively, “Defendants”) arising from a February 13, 2018, motor vehicle accident. Defendants move for summary judgment on the grounds that no evidence exists to demonstrate that they are liable for negligence. Specifically, Defendants contend that no triable issue of fact exists to show that their conduct was a substantial factor in causing the accident. I. FACTUAL BACKGROUND Plai...

Excerpt: ...vices, Inc. (“Transdev”), Los Angeles County Metropolitan Transportation Authority (“LACMTA”), and Connie Romero (“Romero”) arising from an April 18, 2018, bus versus motorcycle collision. Plaintiff alleges Romero, the bus operator, “veered onto the double yellow solid lines and/or opposing ravel lane to complete the turn on a curve in the roadway.” Romero allegedly “failed to observe Plaintiff while making the turn on the doubl...

Excerpt: ...Industries (“G.I.”), Jose David Barajas Villa (“Villa”), Waste Management Collection and Recycling, Inc., and the City of Westlake Village. Plaintiff alleges that on November 12, 2020, he was injured in a garbage truck versus pedestrian collision. Plaintiff seeks further responses from G.I. to Request for Production (“RFP”) Nos. 12, 27, 29, 30, 31, 33, 42, 44, 45, 46, 47, 48, 53, 54, and 55. Plaintiff also requests Villa provide furth...

Excerpt: ...anki Corp. (“Defendant”), Gardena Supermarket, and Naresh Solanki arising from an August 25, 2018, slip and fall. On August 2, 2021, Defendant issued a deposition subpoena to CM Document Imaging, Inc., demanding the production of: Any and all documents, paper and digital records pertaining to care, treatment and examination, including but not limited to, all office, emergency room, inpatient/outpatient charts either in hard copy or electronic...

Excerpt: ...unter”) (collectively, “Defendants”) arising from an August 4, 2019, motor vehicle collision. Plaintiff alleges Diallo negligently operated a vehicle while intoxicated and that Broderick negligently entrusted the vehicle to Diallo. Plaintiff seeks punitive damages on the grounds that Diallo was driving while intoxicated. Defendants move to strike the following: 1. Page 3, paragraph 14, item (a)(2): “punitive damages”. 2. Page 5, GN-1, �...

Excerpt: ...efendant Todd Edward Smith arising from a January 25, 2017, motor vehicle accident. Defendant moves for an order compelling Plaintiff's deposition and imposing monetary sanctions. Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to a...

Excerpt: ...ly 27, 2020, Plaintiffs Jaqueline Liseth Amador-Murillo (“Plaintiff”) and Jose Alvarado (collectively, “Plaintiffs”) filed this action against Defendants Core Medical Group, Inc. (“Core Medical”), Joel Aronowitz, M.D. (“Aronowitz”), Jennifer M. Winnick, P.A. (“Winnick”), and Joel Aronowitz, M.D. dba Tower Multi-Specialty Medical Group (“Tower”) (collectively, “Defendants”) for medical malpractice and loss of consortium...

Excerpt: ... a June 28, 2015, motor vehicle accident. On October 26, 2020, the Court ordered the Complaint dismissed without prejudice after Plaintiff failed to appear for an OSC re: Dismissal and for lack of prosecution. On April 26, 2021, Plaintiff filed this motion to vacate the dismissal under section 473 of the Code of Civil Procedure. Plaintiff's counsel declares that he decided to allow the dismissal of Alexander Hoyt and mistakenly believed that the ...

Excerpt: ...”) and Triumph Residential Services, Inc. (“TRS”) asserting claims for premises liability and negligence. Plaintiff seeks issue, evidence, and monetary sanctions against Defendants for intentional spoliation of evidence, specifically the failure to retain footage from a surveillance camera at the apartment building showing how Plaintiff was injured. II. FACTUAL BACKGROUND Plaintiff claims she was injured by a garage door on Defendants' prem...

Excerpt: ...ergh Action”) with the case captioned Alexis Zimbalist v. Lyft, Inc., et al. and assigned the case number 21STCV05484 (the “Zimbalist Action”). Muhammad contends that these cases should be consolidated because they arise from the same three-vehicle March 7, 2019, traffic collision. At the time of the accident, Muhammad was driving a vehicle for Lyft, Inc. (“Lyft”) with Alexis Zimbalist (“Zimbalist”) as a passenger. The vehicle was o...

Excerpt: ...epartment, and Martha Tate (collectively, “Defendants”) arising from an October 5, 2015, auto accident. Defendants move for an order compelling the neuropsychological examination of Plaintiff by Kyle Brauer Boone, Ph.D. (“Dr. Boone”). 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 examination does not include any diagnostic test ...

Excerpt: ...inst Jovan Galu Springman (“Jovan”) and Bonnie Leigh Albrecht (“Albrecht”). Plaintiff alleges Jovan was operating Albrecht's vehicle and struck Plaintiff. Plaintiff asserts a cause of action for negligent entrustment against Albrecht alleging that Jovan was operating her vehicle with permission. On April 13, 2020, Plaintiff named Catherine Mildred Springman (“Catherine”) as the correct party after incorrectly adding “Katherine Mildr...

Excerpt: ...f filed the operative First Amended Complaint (“FAC”) against CVS Pharmacy, Inc. (“CVS”) and Saul Castro (“Castro”) asserting claims for general negligence and premises liability. Plaintiff alleges that on April 21, 2019, he was stabbed by an individual with scissors. On January 21, 2021, Plaintiff added Bay Valley Security, Inc. and Single Source Security, Inc. as Does 1 and 2, respectively. On April 1, 2021, Plaintiff named Garfield...

Excerpt: ...S FOR MONETARY SANCTIONS Dept. 27 1:30 p.m. September 29, 2021 On February 26, 2020, Plaintiffs Manuel David Corral and Mila Padillo, (collectively, “Plaintiffs”), individually and as successors-in-interest to Manuel Corral Jr. (“Decedent”), filed this action against Palache Protection Services, Inc.(“Palache”), M&F Development, LLC (“M&F”), CA&RK Business Group LLC (“CA & RK”), Rachel Goldhaar, Robert Wexler, Hannah Wexler, a...