Excerpt: ...rcia-Guerra, Rosa Consuelo Lima Garcia, and Arturo Malik Garcia filed their Complaint against Defendant Jacquelyn M Wolfe on February 14, 2022. On September 16, 2022, Proposed Intervenor, State Farm Mutual Automobile Insurance Company (“State Farm”), filed the instant motion to intervene. Summary Moving Arguments Proposed Intervenor argues its motion should be granted because it is Defendant's insurer and has not been able to contact Defendan...

Excerpt: ... negligent hiring arising from an altercation which took place in September 2018. Plaintiff Warde Randall filed his Complaint against Defendant Edward Carter and Lyft, Inc. on February 4, 2020. On October 19, 2022, Defendant Lyft filed the instant motion for leave to amend its answer. Summary Moving Arguments Lyft seeks to amend its answer to add an affirmative defense for self-defense. Lyft makes this motion after learning of new facts during th...

Excerpt: ...und This is an action for negligence, assault, battery, intentional infliction of emotional distress, and negligent hiring arising from an altercation which took place in December 2019. Plaintiff John Gutierrez filed his Complaint against Defendants Honeycut, 213 Hospitality Proprietors, LLC, and All Day Protection on May 5, 2020. On January 13, 2023, Plaintiff filed the instant motion for leave to file a First Amended Complaint. Summary Moving A...

Excerpt: ... for trespassing, assault, wrongful imprisonment, and intentional infliction of emotional distress arising from a home invasion which took place in June 2019. Plaintiffs Francisco Balux Tziquin and Dulce Miriam Mateos Ruiz filed her Complaint against Cold Case Investigations and Michael E. Tupa on May 4, 2020. On September 28, 2020, Plaintiffs filed a First Amended Complaint which named Fausto Bail Bonds, Inc. and Fausto Atilano as Defendants in ...

Excerpt: ...thin five court days after the date of this order. Background This is an action for negligence arising from a vehicle collision that took place in August 2021. Plaintiff Christina Fields filed her Complaint against Defendants Naoki and Seiko Yamagami on November 12, 2021. On November 2, 2022, Plaintiff filed the instant motion for leave to amend her Complaint. Summary Moving Arguments Plaintiff seeks to amend her Complaint to add a cause of actio...

Excerpt: ...party to provide notice and to file proof of service of such notice within five days after the date of this order. Background This is an action for premises liability and negligence arising from a workplace accident involving a falling fruit and nut bin dispensary. Plaintiff Anabella Jones filed her Complaint against Ralphs Grocery Company (“Ralphs”) on February 10, 2021. On October 15, 2021, Plaintiff filed a Doe Amendment naming DPI Special...

Excerpt: ... RRL Logistics LLC, Geriq Logistics, LLC, and Ramon Leon. Plaintiffs causes of action are: general negligence, respondeat superior, negligent supervision, negligent hiring/retention, and wrongful death. This matter arises from an incident that occurred on January 11, 2019 in which Plaintiff's mother was pushed out of a vehicle operated by Molina during the course and scope of his employment with RRL. Plaintiff's mother subsequently died on Octobe...

Excerpt: ...finelli filed her Complaint against Defendants Martin Fox, the Martin B. Fox Living Trust, and New Cingular Wireless PCS, LLC dba AT&T Mobility on June 29, 2022. Defendants Michael Fox and the Michael B. Fox Living Trust filed their motions to strike on September 8, 2022. On October 27, 2022, the Court sustained Defendants' first motion to strike. Plaintiff filed a First Amended Complaint (“FAC”) on December 5, 2022. Defendants filed the inst...

Excerpt: ...filed her Complaint against Defendant Robert Jay Schechter on November 10, 2021. On May 24, 2022, the Court deemed this case related to 22STLC00299. Defendant filed the instant motion to consolidate on August 8, 2022. On December 20, 2022, the Court continued the hearing on this matter to allow Defendant to file the notice of motion in STLC00299. Defendant filed a notice of motion in STLC00299 on December 22, 2022. Summary Moving Arguments Defend...

Excerpt: ...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 vehicle collision which took place in September 2018. Plaintiff Deandrae Joseph Woods filed his Complaint against Defendants Santos Martin and Nicacia Castorena on August 18, 2020. On December 9, 2022, the Court granted Defendants' first motion to strike. On December 19, 2022, Plaintiff filed his First Amended ...

Excerpt: ...eit, Inc. and Rafael on August 16, 2021. Defendant Smartstop Self Storage Reit, Inc. (“Smartstop”) filed the instant motion to reclassify on December 23, 2022. Summary Moving Arguments Smartstop argues that Plaintiff's damages cannot exceed $25,000 because Plaintiff's lease with Smartstop bars her claims against it. Additionally, Smartstop alleges that Plaintiff never fell as she alleged and her only injury is a laceration to her achilles hee...

Excerpt: ... for summary judgment on the grounds that the matter is settled after Plaintiffs signed waivers of their claims in exchange for Hertz tendering its policy limits. Opposing Arguments Plaintiffs argue that Penunuri Answer fails to raise prior settlement as a defense. Additionally, Plaintiffs argue that they were forced to sign a waiver outside the presence of their counsel. Finally, Plaintiffs argue that the waivers were not secured by consideratio...

Excerpt: ...lity arising from a slip and fall incident which took place in December 2018. Plaintiff Diana Acunto filed his Complaint against PB Hospitality Group, LLC on November 4, 2020. Defendant filed its motion for summary judgment on January 24, 2022. Summary Moving Arguments Defendant argues that there is no evidence that a dangerous condition existed at the time of Plaintiff's slip and fall. Defendant alleges that the dance floor where Plaintiff fell ...

Excerpt: ...ing 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 vehicle collision which took place in May 2019. Plaintiff Ida Abudy filed her Complaint against Defendant Miguel Angel Salamanca Sanchez on May 4, 2021. Defendant filed the instant motion to compel responses and compliance with demand for physical examination on Oct...

Excerpt: ...Complaint against Defendants Nirav Amin (erroneously sued as Nariv Amin), and Pomona Valley Hospital on January 14, 2020. Plaintiff Jesus Nunez was dismissed from this action on September 9, 2020. Defendant Pomona Valley Hospital was dismissed from this action on December 9, 2021. On December 30, 2022, the remaining Defendant in this action, Nirav Amin, filed the instant motion to enforce settlement. Summary Moving Arguments Defendant moves to en...

Excerpt: ...efendants Maurice Nipp and Prima Die Company, Inc. on August 20, 2021. Plaintiff filed the instant motion to quash subpoena on December 29, 2022. Summary Moving Arguments Plaintiff moves to quash the subpoena Defendants served on Dr. Alex Avila on the grounds that Dr. Avila is a retained expert whose work is protected under work product privilege. Plaintiff also argues that Plaintiff's records related to his mental status are irrelevant because h...

Excerpt: ...ce 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 and negligent entrustment arising from a vehicle collision which took place in September 2021. Plaintiff Gilbert Guerrero filed his Complaint against Defendants Franklin Vladimir Lopez Alas, Taaj Conti Condooll, Ofer Saha, and Manuel Fabian on June 15, 2022. Defendant Alas filed the instant motion to stri...

Excerpt: ...f such notice within five court days after the date of this order. Background This is an action for negligence arising from an accident where Defendant's tools fell on Plaintiff in October 2018. Plaintiff Christopher Fox filed his Complaint against Defendant Dave C. Inc. on October 27, 2020. Defendant filed the instant motion to compel compliance a with deposition subpoena on September 15, 2022. Summary Moving Arguments Defendant seeks to compel ...

Excerpt: ...1, Plaintiff filed a First Amended Complaint naming Cedars Sinai Medical Center as a defendant in this action. On February 10, 2022, Cedars Sinai Medical Center was dismissed from this action without prejudice. Defendant filed the instant motion to compel compliance with deposition subpoena on October 24, 2022. Summary Moving Arguments Plaintiff seeks an order compelling Cedars Sinai Medical Center's (“Cedars Sinai”) compliance with a subpoen...

Excerpt: ...nting the Guardian Ad Litem. Settlement Claimant Jacob Lopez Verduzco $10,000 Lilia Nila Garcia $250,000 Petitioner Maricela Verduzco $1,000,000 Form Deficiencies MC-350 Item 12: There is a discrepancy in the amount to be paid to Medi-Cal as explained below. Item 17(f): Counsel also represents the two other Plaintiffs in this action. If Counsel expects to receive attorney's fees from them, he must state so here. Petitioner failed to include attac...

Excerpt: ... took place in May 2019. Plaintiff Adel Ruzek filed her Complaint against Defendant Hollywood Burbank Airport on January 10, 2020. On October 16, 2020, Plaintiff filed Doe Amendments naming Zipcar, Inc and Avis Budget Group, Inc. as defendants in this action. Defendants Avis Budget Car Rental and Zipcar, Inc. (“Moving Defendants”) filed the instant motion to compel Plaintiff's expert witness, Dr. Rahavard, to appear for deposition and to set ...

Excerpt: ...fee. Counsel for Plaintiff is ordered to pay $120.00 for two motions not paid/reserved and providing proof of payment prior to the hearing at 1:30 p.m. today. **** All the motions are denied. Defendant Rivas' request for sanctions is granted. Sanctions in the amount of $675 are imposed jointly and severally against Plaintiff and Plaintiff's Counsel of Record. Sanctions are due within 20 days after the date of this order. Moving party to provide n...

Excerpt: ...he request for sanctions is denied. The Court notes that it has no record that Defendants have filed an answer to the complaint. Defendants are ordered to file and serve their answer within 10 days after the date of this order. Defendants are ordered to provide notice and to file proof of service within five court days after the date of this order. Background This is an action for negligence, negligent entrustment, and negligent hiring arising fr...

Excerpt: ...t of $1,660 are imposed jointly and severally on Plaintiff and Plaintiff's Counsel of Record. Sanctions are due within 20 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 negligence and premises liability arising from a slip and fall incident which took place in November 2018. Plaintiff Tati...

Excerpt: ...ment, assault, battery, negligent use of force, negligent supervision, intentional infliction of emotional distress, and negligent infliction of emotional distress arising from an encounter with police which took place in March 2020. Plaintiff Leticia Vasquez filed her Complaint against Deputy S. Morales, Sgt. Lopez, Deputy Hernandez, Deputy Magdaleno, Los Angeles County, and the Los Angeles County Sheriff's Department on June 1, 2021. Defendant ...

Excerpt: ...les filed his Complaint against Alma C. Pulido on December 15, 2020. Defendant filed its motion for summary judgment on October 27, 2022. Summary Moving Arguments Defendant argues that she did not owe a duty to protect Plaintiff from the palm tree balls that fell on his driveway because Plaintiff had been in exclusive possession of the subject property and had personal use of the driveway. Defendant also argues that the condition was open and obv...

Excerpt: ...f Lexi Vanessa Rivas filed her Complaint against Defendant Roman Krause on March 30, 2021. Defendants filed a motion to compel a second independent medical examination (“IME”) of Plaintiff on December 15, 2022. Summary Moving Arguments Defendant argues that Plaintiff's physicians, Dr. Andrew Fox and Dr. Parham Yashar, are treating physicians and are thus not entitled to expert witness fees. Additionally, Defendant argues that both physicians'...

Excerpt: ...h notice within five court days after the date of this order. Background This is an action for professional negligence and loss of consortium arising from a medical procedure performed by Defendant Park in November 2018. Plaintiffs Hae Hyun Park and Danny Yoonshik Park filed their Complaint on November 20, 2019. On October 17, 2022 the Court granted Plaintiffs' ex parte motion to compel Defendant Cheong Soo Han to appear for deposition. On Novemb...

Excerpt: ...dent where an unknown object fell on Plaintiff while he was on Defendant's premises. Plaintiff Juan A. Urias filed his Complaint against Defendant LKQ Corporation on November 25, 2020. Pick-Your-Part Auto Wrecking was named as a defendant in this action on April 29, 2021. On October 7, the Court granted Defendant Pick-Your-Part Auto Wrecking's motion to compel the Plaintiff's deposition. On December 8, 2022, Defendant Pick-Your-Part Auto Wrecking...

Excerpt: ...endant alleges that Dr. Yoo could only provide two examples of when he received his requested fee from 2018 and 2021. Defendant also offers examples from other physicians with similar qualifications showing that a reasonable fee is between $1,000 and $1,200 per hour. Opposition Arguments Plaintiff argues that Defendant fails to establish that Dr. Yoo's fees are unreasonable because Dr. Yoo provided all the documentation he could on his regular fe...

Excerpt: ...ence, and premises liability. Plaintiff's claim arises from a dog attack, which took place in December 2021. On August 9, 2022, the Court granted Defendants' motion to strike portions of Plaintiff's Complaint. On October 12, 2022, Plaintiff filed a First Amended Complaint. On November 15, 2022, Defendants filed the instant motion to strike. Summary Moving Arguments Defendants seek to strike: 1. Paragraph 19 (Page 6, Line 9 through Line 16), which...

Excerpt: ... Michael and Kendra Slocum filed their Complaint against Defendants Celebrity Casinos, Inc., and American Curvet Investment, LLC on March 16, 2020. Default was entered against American Curvet Investment LLC (“ACI”) on February 20, 2022. On July 29, 2022, ACI filed the instant motion to set aside default. On December 6, 2022, the Court continued the hearing on this matter to allow the parties to file additional briefing. Summary Plaintiff's br...

Excerpt: ...ma McCain filed her Complaint against Defendant The Pig N' Whistle on July 31, 2020. Defendant The Pig N' Whistle filed the instant motion to continue trial and all related dates on October 31, 2022. Defendants filed a second motion to compel a second independent medical examination (“IME”) of Plaintiff on October 31, 2022. Trial is set for May 5, 2023. Summary Moving Arguments Defendant seeks to conduct two IMEs of Plaintiff to evaluate inju...

Excerpt: ...nd Angel Alejandro Rodriguez; the defendants are Kris Kim and BNA Textile, Inc. Defendant Kim filed a motion to compel a second independent medical examination (mental examination) (“IME”) of Plaintiff on December 15, 2022. Summary Moving Arguments Defendant argues good cause exists for a psychological evaluation because Plaintiff intends to undergo surgery to implant a spinal cord stimulator to treat his injuries from the subject collision a...

Excerpt: ...ty, 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 September 24, 2020, PDF Security Solutions, Inc. was dismissed from this action. On Dece...

Excerpt: ...n cutoff date, discovery cutoff date, expert exchange date and all other dates are to comport with a trial date of May 2, 2023. To the extent that the parties wish to participate in mediation, they are ordered to do so prior to the FSC. 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 negligence arising from a vehicle collisi...

Excerpt: ...hich took place in December 2020. Plaintiff Ronal Becerra, Jr. filed his Complaint against Defendants Travis Roundtree and Gordon Greer on April 1, 2022. On November 16, 2022, the Court granted Defendant Greer's motion to quash service of summons on the grounds that the Court did not have personal jurisdiction over Defendant Greer. On November 17, 2022, Defendant Roundtree filed the instant motion to quash service of summons. Summary Moving Argum...

Excerpt: ...ut objections within 30 days after the date of this order. The request for sanctions is denied. The Court notes that it has no record that Defendants have filed an answer to the complaint. Defnedants are ordered to file and serve their answer within 10 days aftger the date of this order. Defendants are ordered to provide notice and to file proof of service within five court days after the date of this order. Background This is an action for negli...

Excerpt: ...1, 2021, Plaintiff filed a Doe Amendment naming No Ordinary Moments, Inc. as a Defendant in this action. On June 14, 2021, No Ordinary Moments filed a Cross-Complaint against Plaintiff Elise Young. On May 27, 2022, Defendant No Ordinary Moments, Inc. (“NOM”) filed its motion for summary judgment. Summary Moving Arguments NOM moves for summary judgment on the grounds that Defendant Salcedo was not in the course and scope of his employment unde...

Excerpt: ...ay 2021. Plaintiff Eve Ohayon filed her Complaint against Defendants Ryan and Sarah Johnson on August 17, 2021. On November 3, 2022, the Court granted Defendants' motion to compel further discovery responses. On November 29, 2022, Defendants filed the instant motion for terminating sanctions. Summary Moving Arguments Defendants argue that terminating sanctions are appropriate because Plaintiff failed to obey the Court's November 3, 2022 order by ...

Excerpt: ... 26, 2022, the Court granted Defendant's motion to compel further responses to requests for production. On December 9, 2022, Defendant filed the instant motion for terminating sanctions. Summary Moving Arguments Defendant argues that terminating sanctions are appropriate because Plaintiff failed to obey the Court's October 26, 2022 order by failing to serve responses to Defendant's requests for production without objections. Opposing Arguments Pl...

Excerpt: ...m an automobile accident on or about May 21, 2018. On July 18, 2022, the Court denied Defendants' first motion to compel Plaintiff's second IME, Defendants filed a second motion to compel a second independent medical examination of Plaintiff on October 5, 2022. Summary Moving Arguments Defendants argue that good cause exists to conduct a second independent medical examination because Defendants did not know an examination from the perspective of ...

Excerpt: ...laintiff Merlita Moreno filed her Complaint against Miguel Perez on April 7, 2021. On October 12, 2022, the Court granted Defendant's motion to compel discovery. On November 30, 2022, Defendant filed the instant motion to dismiss. Summary Moving Arguments Defendant moves for terminating sanctions on the grounds that Plaintiff failed to obey the Court's October 12, 2022 order compelling discovery responses by failing to serve responses and pay san...

Excerpt: ...oduction (Set One). Defendant is deemed to have admitted Plaintiff's Request for Admission (Set One). The requests for sanctions are granted. Sanctions in the total amount of $1,170 are imposed jointly and severally against Defendant and Defendant's Counsel of Record. Sanctions are due within 30 days after the date of this order. Moving party is to provide notice and to file proof of service of such notice within five court days after the date of...

Excerpt: ...vila, the Tom Malloy Corporation, Trench Shoring Company, and Jessica Fernandez on August 10, 2021. On October 7, 2022, default was entered against Defendant Francisco Avila. On November 14, 2022, Avila filed the instant motions to set aside default and quash service of summons. Summary Moving Arguments Avila moves to set aside default and quash service of summons on the grounds that he did not have actual notice of the action in time to defend a...

Excerpt: ... Defendant and Defendant's Attorney of Record. Sanctions are due 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 negligence arising from a vehicle collision which took place in January 2018. Plaintiff Annette Belair filed her Complaint against Defendants IDC Logistics, Inc., Next Trucking, I...

Excerpt: ...e granted. The RFAs are deemed admitted. Defendant is ordered to serve verified responses without objections to the SROGs within 25 days after the date of this order. The request for sanctions is denied with respect to the SROGs but granted with respect to the RFAs. Sanctions in the amount of $960 are imposed jointly and severally against Defendant and Defendant's counsel. Sanctions are due within 25 days after the date of this order. Moving part...

Excerpt: ... Gomez on September 14, 2020. On November 17, 2022, David and Fanny Gomez filed the instant demurrer to Plaintiff's Doe Amendment Complaint. Summary Moving Arguments Defendants demur to Plaintiff's Doe Amendment Complaint on the grounds that the Complaint is barred by the statute of limitations. Defendants argue that the statute of limitations under Code Civ. Proc., section 355.1 expired on March 13, 2021 and Plaintiff did not file the Doe Amendm...

Excerpt: ... from a slip and fall incident which took place in April 2021. Plaintiff Kenona Tillman filed her Complaint against Defendants Walmart, Inc. and Silvia Doe on January 26, 2022. On October 26, 2022, Plaintiff filed a notice of change of handling attorney. On November 29, 2022, Plaintiff filed this motion. Summary Moving Arguments Plaintiff seeks an order setting aside the waiver of the deadline to compel a further response to her written discovery...

Excerpt: ...anced and vacated. Trial is set for March 21, 2023 at 8:30 a.m. in Department 30. FSC is set for March 7, 2023 at 10:00 a.m. in Department 30. An OSC Re: Dismissal for Failure to File Proof of Service/Enter Default with respect to the Cross- Complaint filed by Edith Raya is also set for March 7, 2023 at 10:00 a.m. Motion cutoff date, discovery cutoff date, expert exchange date and all other dates are to comport with a trial date of March 21, 2023...