Excerpt: ... Defendant. Plaintiff tripped and fell while walking to his seat. Plaintiff alleges claims for negligence and premises liability. II. DEFENDANT'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET TWO A. Motion filed July 7, 2021 Defendant served Special Interrogatories, Set Two (“Set Two” or “SI”) on August 26, 2021. After receiving responses, Defendant moved to compel further responses which the court granted on February...

Excerpt: ... fraud, breach of fiduciary duty, unfair business practice, and for an order quieting title. Defendant's motion argues that the Notice of Lis Pendens (“Notice”) recorded by Plaintiff should be expunged because Plaintiff did not comply with statutory requirements prior to recording the notice. Defendant timely filed and served the motion on all parties on June 17, 2022. No opposition has been filed. As a preliminary matter, the court's docket ...

Excerpt: ...ninhabitable conditions on the property. Defendant allegedly changed the locks on the property on March 13, 2019. Plaintiff alleges 10 causes of action including breach of contract, breach of the implied warranty of habitability and related claims involving the condition of the premises. II. MOTION FOR SANCTIONS OF $3,570.50 AGAINST PLAINTIFF'S COUNSEL A. Motion filed on June 4, 2022 Defendant requests an order imposing monetary sanctions against...

Excerpt: ...loss of consortium on behalf of her husband, Francisco Iniguez, who has since died. II. MOTION FOR PROTECTIVE ORDER A. Motion filed June 27, 2022 Plaintiff seeks an order precluding the deposition of David Cossman, M.D. scheduled by Defendant, St. Francis Medical Center (“St. Francis”). Dr. Cossman was designated as an expert by Defendant, Christopher Marrocco, M.D., who has been dismissed. St. Francis did not retain Dr. Cossman or any vascul...

Excerpt: ...The First Amended Complaint (“FAC”) filed on April 7, 2021, alleges that on December 8, 2018, Plaintiff attended a ticketed event held at a facility owned and controlled by Defendant. Plaintiff tripped and fell while walking to his seat. Plaintiff alleges claims for negligence and premises liability. On May 11, 2022, Plaintiff filed his first Motion to Quash Deposition Subpoena for Business Records directed to Federal Express Corporation (“...

Excerpt: ... facts The First Amended Complaint, filed on complaint filed on May 12, 2022, alleges civil rights violations arising from an incident that occurred on September 26, 2018, while Plaintiff was waiting in his vehicle in the parking lot of a convenience store. Plaintiff alleges that Defendants searched Plaintiff without probable cause and subsequently refused to order their K9 to cease its attacks upon Plaintiff, who had fled to a crawlspace. Plaint...

Excerpt: ...19, 2020 TRIAL DATE: Not set I. BACKGROUND Plaintiff, Alpha Real Estate Investment (“Alpha”), filed this action on November 19, 2020, against Defendants, Life is Amazing, LLC (“LIA”) and Ashwood TD Services (“Ashwood”). The complaint alleges that Plaintiff bought real property on February 16, 2018, pursuant to a grant deed. On October 19, 2019, Plaintiff signed a promissory note for a construction loan that was secured by a Deed of Tr...

Excerpt: ...ability and quiet enjoyment, retaliatory and constructive eviction, intentional infliction of emotional distress, negligence, private nuisance, premises liability and conversion. On December 17, 2021, Plaintiffs amended the complaint to substitute Art Carrillo for a fictitiously named defendant (Doe 1). On January 7, 2020, the court entered dismissal of Plaintiff, Jose Virgen, leaving Maggie Liebl as the remaining Plaintiff. II. MOTION FOR SUMMAR...

Excerpt: ...ful detainer action arising from a written commercial lease agreement that ended by its terms on December 31, 2021. Plaintiff alleges that Defendant failed to relinquish possession of the premises at the termination of the lease, which Plaintiff did not extend. However, Defendant allegedly remained in possession without Plaintiff's consent. On May 12, 2022, the court granted Plaintiff's Motion for Summary Judgment based on the undisputed material...

Excerpt: ...ts during the period of warranty that Defendant was unable to repair and failed to promptly replace the vehicle or make restitution. Plaintiff alleges causes of action for violation of Civ. Code, § 1793 (Song‐Beverly Consumer Warranty Act or SBA), and for breach of express and implied warranty of merchantability. II. ARGUMENTS A. Motion filed December 5, 2022 Defendant moves to bifurcate trial with the first phase directed to addressing Plaint...