Excerpt: ...Plaintiff and a security guard which took place in September 2019. Summary Moving Arguments CitiStaff Solutions, Inc. (“Citistaff”) seeks to strike the portions of Plaintiff's SAC which demand punitive damages, including in paragraphs 74, 75, 78-81, and paragraph h of the Prayer for Relief. CitiStaff argues Plaintiff's SAC does not allege it had advance knowledge of Defendant Freeman's unfitness or employed him with a conscious disregard for ...

Excerpt: ... The motions are granted. The requests for sanctions are denied. Plaintiff is to serve verified responses without objections within 25 days after the date of this order. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. Background This is an action for premises liability arising from an incident where Plaintiff alleges that she was struck on the head by a bin of nuts in...

Excerpt: ...e schedule of expert depositions, the Court intended that retained expert discovery would be closed, except for completion of the depositions of previously identified retained experts. To this extent, the Court's order of October 12, 2002 is amended. Moving party to provide notice. Background This is an action for negligence arising from a vehicle collision that took place in August 2017. Plaintiffs Elizabeth Nichole Clements and Elizabeth Esther...

Excerpt: ...o provide notice and to file proof of service of such notice within five court days after the date of this order. Background This is an action for medical negligence arising from the placement of a urethral catheter. Plaintiff Ross Cataldi filed his Complaint against Cedars Sinai Marina Del Rey Hospital on November 15, 2019. On October 7, 2022, Defendant filed the instant motion to compel undertaking. Summary Moving Arguments Defendant moves to c...

Excerpt: ...State of California – California Highway Patrol (“CHP”), the State of California – Department of Transportation, and Does 1 through 20 on January 10, 2019. Plaintiff alleges he crashed his motorcycle after running over the lid to an attenuator that was struck in an earlier hit and run vehicle collision and ended up in the middle of a lane of the highway. On April 29, 2019, Plaintiff filed a first amended complaint. The Complaint states on...

Excerpt: ...usly as Juanita G. Massie in place of Doe 1). Defendant Juanita H. or G. Massie's daughter, Juanita L. Massie, was previously dismissed from the action. This action arose out of a car accident that occurred on April 29, 2017 in which Defendant David Massie, operating a 2003 Toyota Corolla while under the influence of alcohol and with an expired license, caused the death of Alexa Chambers, the daughter of Plaintiffs. Defendant David Massie did not...

Excerpt: ...thony Lyons filed their Complaint against Jeffrey Charles Hawkins, and Diversified Thermal Services, Inc. On August 2, 2021, Plaintiffs filed a First Amended Complaint. On April 21, 2022, Cross-Complainants Traejan Reed, David Reed, and Kim Reed filed their Cross-Complaint. On April 26, 2022, the Court granted Diversified Thermal Services' notice of related case. Cross-Complainants filed the instant motion to consolidate on September 29, 2022. Su...

Excerpt: ...d for Production of Documents (Set One) and Request for Sanctions filed by Defendant Saul Remigio -Motion to Continue Trial and Discovery Cut Off Dates filed by Defendant Saul Remigio DECISION All four motions are granted. The requests for sanctions are denied. Plaintiff is ordered to serve verified responses without objections within 30 days after the date of this order. The current trial and FSC dates are advanced and vacated. Trial is set for ...

Excerpt: ...nts are Kris Kim and BNA Textile, Inc. On October 10, 2022, Defendant filed the instant motion to compel Charles Nichols to provide further responses at deposition. Summary Moving Arguments Defendant seeks to compel Charles Nichols, an office assistant working for Plaintiff's physician to answer questions about his office's lien practice and the necessity and reasonableness of the spine surgery performed on Plaintiff. Opposition Arguments Nichols...

Excerpt: ...intiffs and their Counsel of Records. Sanctions are due within 30 days after the date of this order. Moving party is ordered to provide notice and to file proof of service of such notice within five court days after the date of this order. Background This is an action for motor vehicle negligence and general negligence arising from a car accident which took place in 2020. Plaintiffs allege Defendant made an unsafe turn while driving a motor vehic...

Excerpt: ...he date of this order. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. Background This is an action for motor vehicle negligence arising from a vehicle collision that took place in January 2017. Plaintiff Aimee Mutia filed her Complaint against Defendant Jennine Matthias on January 20, 2019. On July 15, 2022, Defendant filed the instant motion to compel Plaintiff's de...

Excerpt: ...an action for motor vehicle negligence and general negligence arising from a vehicle collision that took place in March 2019. Plaintiff Sonia Guadalupe Santos Flores filed her Complaint against Defendants Tim and Alice Salles on March 22, 2021. Defendants filed the instant motion to transfer on September 30, 2022. Defendants have not filed an answer. Summary Moving Arguments Defendants argue that Los Angeles County is not the proper venue for thi...

Excerpt: ...ide notice and to file proof of service of such notice within five court days after the date of this order. Background This is an action for strict liability and negligence arising from a dog bite incident which took place in December 2019. Plaintiff Chul Hee Lim filed his Complaint against Defendants Kung Soon Han, Jong Soon Han, and Does 1 to 20 on December 28, 2021. Plaintiff filed a First Amended Complaint (“FAC”) on August 29, 2022. Defe...

Excerpt: ...Background This is an action for liability for a dangerous condition on public property, vicarious liability, premises liability, and negligence arising from a trip and fall incident which took place on August 1, 2022. Plaintiff Roohi Cohanim filed his Complaint against Defendants City of Los Angeles, County of Los Angeles, and West LA Farmer's Market on July 22, 2022. On September 26, 2022, Defendant City of Los Angeles (“City”) filed the in...

Excerpt: ... fees. If Plaintiff wishes to amend, Plaintiff must file and serve and amended complaint within 30 days after the date of this order. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. Background This is an action for negligence arising from a trip and fall incident which took place in October 2020. Plaintiff Irene Ruffinelli filed her Complaint against Defendants Martin...

Excerpt: ...ice within five court days after the date of this order. Background This is an action for negligence and premises liability arising from an electrical shock incident which took place in June 2018. Plaintiff Natasja Shah filed her Complaint against Defendant Arturo Solano on May 28, 20202. Plaintiff filed the instant motion to quash subpoena on September 22, 2022. Summary Moving Arguments On September 1, 2022, Defendant served a subpoena on Plaint...

Excerpt: ...nd file proof of service of such notice within five court days after the date of this order. Background This is an action for negligence and motor vehicle negligence arising from a vehicle collision that took place in January 2020. Plaintiff Deanna Marie Marks filed her Complaint against Defendants Michael Delgado, C.R. England, Inc., and Walmart Inc. on October 6, 2020. Defendants Michael Delgado and C.R. England (“Moving Defendants”) filed ...

Excerpt: ...March 2020. Plaintiff Jose E. Conrado filed his Complaint against Defendant Hwa Kang on September 29, 2020. Defendant filed the instant motions to compel Plaintiff's deposition September 30, 2022. Summary Moving Arguments Defendant alleges Plaintiff failed to attend his noticed deposition. Defendant also seeks sanctions. Opposition Arguments Plaintiff argues that he never refused to appear for deposition. Rather, Defendant unilaterally noticed th...

Excerpt: ...s from Third Amended Complaint DECISION The motions to strike are denied. Moving party is to provide notice. Background This is the third set of motions to strike punitive damages. Summary Moving Arguments All Defendants move to strike punitive damages on the grounds that Plaintiff's TAC fails to allege facts sufficient to support a demand for punitive damages. Opposing Arguments Plaintiff filed identical opposition papers with respect to each mo...

Excerpt: ...019, Plaintiffs John Hall Jr., Charles Hall, and Theresa Hall (collectively “Plaintiffs”) filed a complaint against Defendants Chester Naguit (“Defendant Naguit”) and Mary Cosio (“Defendant Cosio”). Plaintiffs allege motor vehicle negligence in their complaint arising from an automobile collision that caused Decedent John Frederick Hall's (“Decedent”) death on December 25, 2017. On August 17, 2020, Plaintiffs filed their First Ame...

Excerpt: .... Background On May 12, 2020, plaintiff Kimberly K. Higgins (“Plaintiff”) filed this action against defendants Does 1 to 10, alleging one cause of action for general negligence arising from a ladder striking Plaintiff. On September 1, 2020, Plaintiff amended her Complaint to substitute defendant Environmental Design Studio (“Defendant”) as the true name for the defendant sued under the fictitious name Doe 2. The Complaint alleges the foll...

Excerpt: ...ipped and fell on an elevated piece of concrete in October 2021. Defendant County of Los Angeles was dismissed from the action on June 15, 2022. On August 5, 2022, the Court sustained Plaintiff's demurrer with leave to amend. On September 2, 2022, Plaintiff filed a First Amended Complaint. On September 19, 2022, City filed another demurrer. Summary Moving Arguments City demurs to Plaintiff's cause of action for negligence per se on the grounds th...

Excerpt: ...Natasha Ericta is ordered to appear for deposition within 30 days. Sanctions in the amount of $560 are awarded jointly and severally against Plaintiff Gutierrez and Plaintiff's Counsel of Record. Sanctions are due within 20 days after the date of this order. Sanctions in the amount of $560 are awarded jointly and severally against Plaintiff Ericta and Plaintiff's Counsel of Record. Sanctions are due within 20 days after the date of this order. Mo...

Excerpt: ...len Farzad Family Trust (“Trust”), Helen Farzad as trustee of the Helen Farzad Trust, and Kathy Farzad. Defendants filed their motion for summary judgment on July 22, 2022. Summary Moving Arguments Defendants argue that summary judgment is appropriate because no reasonable trier of fact could find in favor of Plaintiff. Specifically, Defendants argue that there are no triable issues of material fact over whether Plaintiff's fall was caused by...

Excerpt: ...ponses without objections to Defendant Hollywood Chamber of Commerce's Form Interrogatories (Set One) within 20 days after the date of this order. Defendant Hollywood Chamber of Commerce's Request for Admission (Set One) are deemed admitted. Sanctions totaling $1,072.50 are imposed on Plaintiff. Sanctions are due within 20 days after the date of this order. Moving party to provide notice and to file proof of service of such notice within five cou...

Excerpt: ...iled his Complaint against Brian and Bennie Thomas and Shane, Reynaldo, and Annabelle Tuyor on April 27, 2021. On December 3, 2021, Brian and Bennie Thomas (“the Thomas Defendants”) filed their Cross-Complaint against Shane, Reynaldo, and Annabelle Tuyor. On September 7, 2022, Defendants Shane, Reynaldo, and Annabelle Tuyor (“the Tuyor Defendants”) filed their motion for determination of good faith settlement. Summary Moving Arguments The...

Excerpt: .... Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. Background This is an action for battery, negligence, intentional infliction of emotional distress, premises liability, and negligent hiring, retention, training, and supervision arising from an altercation between Plaintiff and a security guard which took place in October 2020. Plaintiff filed her Complaint against Ni...

Excerpt: ...ns as well as all responsive documents with respect to Defendant Hollywood Chamber of Commerce's Request for Production of Documents (Set One) within 20 days after the date of this order. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. Background This is an action for negligence, premises liability, liability for dangerous condition of public property, and public empl...

Excerpt: ...d her Complaint against All Valley Washer Service, Inc. (“AVWS”), HNG Trade, LLC (“HNG”), and Xiaohong Tang on December 31, 2020. On March 4, 2021, AVWS filed its Cross-Complaint against HNG for implied indemnity, express indemnity, contribution, and declaratory relief. On August 8, 2022, AVWS filed its motion for summary adjudication against HNG. Although AVWS alleges HNG filed a cross-complaint against AVWS, it appears the cross-complai...

Excerpt: ...f of service of such notice within five court days after the date of this order. Background This is an action for motor vehicle negligence, negligence per se, and negligent hiring, supervision, and retention arising from a vehicle collision that took place in October 2021. Plaintiff Luis Rodriguez filed his Complaint against Avim R. Jones, the Lost Angeles County Metropolitan Transportation Authority (“MTA”), and the Los Angeles County Board ...

Excerpt: ...d to file proof of service of such notice within five court days after the date of this order. SUMMARY JUDGMENT MOTION Background This is an action for premises liability arising from a trip and fall incident which took place in June 2019. Plaintiff Valena Mitchell filed her Complaint against Pickford Investment Group, LLC on December 1, 2020. Plaintiff was at work when the trip and fall occurred. Plaintiff brings this action against Defendant, t...

Excerpt: ...2021. On August 11, 2022, Plaintiff filed motions to compel Defendant's responses to discovery requests. The motions are set to be heard in November and December 2022. On September 13, 2022, Defendant filed the instant motion for relief from waiver of objections. Summary Moving Arguments Defendant seeks relief from waiver of objections to Plaintiff's discovery requests on the grounds that the requests were served directly on Defendant, without co...

Excerpt: ...incident which took place in December 2014. Plaintiffs Sandra Momotiuk and Robert Gustavson filed their Complaint against Defendants Extended Stay America-Los Angeles-Arcadia, ESH Hospitality, Inc., and ESA Management LLC on June 1, 2018. On January 26, 2021, Plaintiffs filed a First Amended Complaint amending the Defendants in this action to ESA Management, LLC, BRE/ESA Properties, and Lizette Valdez. On August 20, 2021, Defendant BRE/ESA Proper...

Excerpt: ...of this order. Background This is an action for wrongful death and negligence arising from a vehicle accident which resulted in the death of Ana Elena Moreno Santos (“Decedent”). Plaintiffs Marvin Merino and Jezebel Moreno, a minor, by and through her Guardian ad Litem, Marvin Merino filed their complaint against Juan Carlos Menjivar, Dewayne Maurice Floyd, and Dart International on October 13, 2021. On November 23, 2921, Plaintiffs filed a F...

Excerpt: ...es, Raiser LLC, and Raiser-CA, LLC on March 11, 2021. Defendant Tanacs filed the instant motion to dismiss for delay in prosecution pursuant to Code Civ. Pro. section 583.410, subd. (a) on August 17, 2022. Summary Moving Arguments Tanacs argues dismissal is appropriate because the date of the incident at issue took place more than two years ago. Tanacs has not been served with the lawsuit. Tanacs also argues Plaintiff has not communicated with hi...

Excerpt: ... within 20 days after the date of this order. The motion is denied with respect to Defendants Guy F. Atkinson Construction, LLC and Defendant High-Light Electric, Inc. Background On September 20, 2017, Plaintiff Devin Armenta, by and through his guardian ad litem Darleen Garcia, filed a complaint against Defendant California Department of Transportation (“Caltrans”) alleging negligence and dangerous condition of public property caused the dea...

Excerpt: ...Jane Z.J. Doe, Jane D.V. Doe, Jane Doe CG, Jane Doe CR, Jane Doe CE, and Jane E.R. Doe (collectively, Plaintiffs). The motion for summary judgment is denied. The motion for summary adjudication is granted as to the second cause of action for sexual battery. The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party can show evidentiary support for a pleading or claim and if not to ena...

Excerpt: ...otice within five court days after the date of this order. Background This is an action for negligence and dangerous condition of public property arising from a trip and fall incident which took place in May 2019. Plaintiff Marsha Trotter filed her Complaint against the City of Los Angeles on October 1, 2020. On September 20, 2022 Defendant filed the instant motion for terminating sanctions. Summary Moving Arguments Defendant argues terminating s...

Excerpt: ...ed, Cross-Defendant must appear at the hearing to so inform the Court. If Cross-Complainant has not yet been deposed, the motion remains granted, but the items in question do not need to be produced until 10 days after the deposition. In any other event, further responses and production of the requested items are to be served within 10 days after the date of this order. Moving party to provide notice and to file proof of service of such notice wi...

Excerpt: ...date of this order. Background This is an action for negligence and motor vehicle negligence arising from a vehicle collision which took place on November 29, 2019. Plaintiffs Rafael Arce, Norma Fuentes, and Rafael Arce Jr. filed their Complaint against Sohan Singh on November 9, 2021. Defendant filed the instant motion to strike on September 26, 2022. Summary Moving Arguments Defendant seeks to strike the following portions of Plaintiffs' Compla...

Excerpt: ...rsion of the form. Moving party to provide notice. Background Alan Mejia (“Plaintiff” or “Claimant”) was previously a student at Valerio Elementary School, an elementary school located at 15035 Valerio Street in Van Nuys, California, and which is owned and operated by Los Angeles Unified School District (“Defendant”). Plaintiff maintains that on January 15, 2018 and January 19, 2018, respectively, Plaintiff was subject to physical bul...

Excerpt: ...espect to these defendants. If Plaintiffs wish to amend the complaint, they must an amended complaint on the timetable set forth in the Court's order of October 3, 2022. Moving party is to provide notice and to file proof of service of such notice within five court days after the date of this order. Background This is an action for negligence, negligent hiring and supervision or retention, and negligent entrustment arising from a vehicle-pedestri...

Excerpt: ... 42 U.S.C.A. § 1382c. 42 U.S.C.A. § 1382c(A)(3)(a), defines “disabled” as: (3)(A)¿Except as provided in subparagraph (C), an individual shall be considered to be disabled for purposes of this subchapter if he is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous per...

Excerpt: ...o provide notice. Background This is an action for battery, negligence, premises liability, and negligent hiring, retention, training, and supervision arising from an altercation between Plaintiff and a security guard which took place in September 2019. Plaintiff filed his Complaint against Anthony Lamar Freeman, Cool-Pak Solutions, LP, Agro Merchants Corporation, Agro Merchants Carson, LLC, and PDF Security Solutions, Inc. on April 24, 2020. On ...

Excerpt: ...fendant. Trial in the case is scheduled for today, October 6, 2022. Plaintiff filed the instant motion to continue trial on September 13, 2022. Summary Moving Arguments Plaintiff argues good cause exists for a trial continuance because Plaintiff is scheduled to undergo additional medical treatment. Plaintiff also argues that Defendants will be prejudiced if they cannot obtain Plaintiff's medical records related to his new treatment. Opposing Argu...

Excerpt: ...Deposition filed by Plaintiff Rose Calvanese DECISION The two motions to compel further are granted. Further responses as outlined below are to be served within 30 days after the date of this order. The Court imposes sanctions totally $3,620 jointly and severally on Defendant and Defendant's Counsel of Record. These sanctions are due within 30 days after the date of this order. With respect to the combined motion for an order appointing a discove...

Excerpt: ...f such notice within five court days after the date of this order. Background This is an action for premises liability arising from a bicycle crash which took place in December 2020. Plaintiff Katheryn Cooper filed her Complaint against Defendant the City of Los Angeles. Summary Moving Arguments On July 8, 2022 the Court granted Defendant's motion to compel Plaintiff's responses to Defendant's written discovery requests and ordered Plaintiff to s...

Excerpt: ...a 90505. Moving party is to provide notice and to file proof of service of such notice within five courts after the date of this order. Background This is an action for negligence arising from a vehicle collision which took place in January 2020. Plaintiff Ana Perez Martinez filed her Complaint against Jorge Alberto Vanegas, Ryder Truck Rental, Inc., and Does 1 through 20. On March 17, 2021, Steam Links Express, Inc. was named as a defendant in t...

Excerpt: ... cutoff date, discovery cutoff date, expert exchange date and all other dates are to comport with a trial date of October 16, 2023. To the extent that the parties wish to participate in mediation, they are ordered to do so prior to the FSC. The parties should not anticipate any further continuances. This is a firm trial date and the parties should be prepared to proceed. Moving party is ordered to provide notice and to file proof of service of su...

Excerpt: ...e request that Plaintiff pay the costs of travel. Moving party is ordered to provide notice and to file proof of service of such notice within five court days after the date of this order. Background On December 14, 2020, Kathryn Williams (“Plaintiff”) initiated the present action by filing a Complaint against Alexandra Gabrielle Sedaker (“Defendant”). Plaintiff's Complaint alleges a single cause of action for Negligence. On August 10, 20...