Excerpt: ...surance Company, for (1) Breach of Insurance Contract, (2) Bad Faith Breach of Implied Covenant of Good Faith and Fair Dealing, and (3) Declaratory relief. Plaintiff alleges that he retained an insurance policy from Defendant with Policy Number 4223-60-93-65 (the “Policy”) which provided uninsured motorist coverage for bodily injury claims. On August 12, 2020, Plaintiff was driving his vehicle on the freeway when Plaintiff's vehicle was struc...

Excerpt: ...continuance. The motion is unopposed.[1] II. LEGAL STANDARD FOR MOTION TO CONTINUE TRIAL California Rules of Court, rule 3.1332, subdivision (b) outlines that “a party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. T...

Excerpt: ...endant Jerry Childs RESPONDING PARTY: No opposition I. BACKGROUND On August 14, 2023, Defendant, Jerry Childs, filed these motions to compel Plaintiff, Dennis Cacho Villa Jr., to provide responses to Defendant's First Set of Form Interrogatories, Special Interrogatories, and Request for Identification and Production of Documents, and to deem the Request for Admissions, Set One, admitted against Plaintiff. Defendant seeks sanctions against Plainti...

Excerpt: ...nd Victor Hugo Cardona, filed this motion to compel Plaintiff, Bertha Lidia Rapalo Rivera, to provide responses to Request for Production of Documents, Set One. Defendant seeks sanctions against Plaintiff and her counsel of record. The motion is unopposed. II. LEGAL STANDARD TO COMPEL DISCOVERY RESPONSES If a party to whom demands for inspection, copying, testing, or sampling is directed fails to serve a timely response, the propounding party may...

Excerpt: ...ction against Defendant, Newmark Merrill Companies, Inc., arising from a slip and fall on a speed bump in the parking lot of Defendant's premises. Plaintiff asserts causes of action for (1) Premises Liability and (2) Negligence. On August 3, 2023, Defendant filed this motion for summary judgment, or in the alternative, summary adjudication. The motion is unopposed.[1] II. LEGAL STANDARD FOR SUMMARY JUDGMENT In reviewing a motion for summary judgm...

Excerpt: ...ndant seeks to add three affirmative defenses. The motion is unopposed.[1] II. LEGAL STANDARD The court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading, including adding or striking out the name of any party, or correcting a mistake in the name of a party, or a mistake in any other respect.¿ (Code Civ. Proc., § 473, subd. (a)(1).)¿ “Public policy dictates that l...

Excerpt: ... complaint against Defendants, Lyft, Inc., and Hamdi Sameer Abu-Mayyaleh (“Abu-Mayyaleh”), arising from a motor vehicle collision between Plaintiff and Lyft driver Abu-Mayyaleh. As a result of the incident, Plaintiff asserts a claim for loss of earnings. Plaintiff further alleges her injuries from the accident caused her to rely on others to care for her young daughter. On May 2, 2023, Plaintiff testified at her deposition that the incident c...

Excerpt: ... against Defendant, Bodega Latina Corporation dba El Super, arising from two July 18, 2020 slip and fall incidents. On May 3, 2021, Defendant filed motions to compel Ms. Castro's responses to the First Set of Defendant's Form Interrogatories, Special Interrogatories, and Request for Production. The Court granted the motions. Thereafter, Ms. Castro served responses to the Form and Special Interrogatories only. Having not received Ms. Castro's resp...

Excerpt: ...efendant, Barbara Dybnis, arising from an October 22, 2018 motor vehicle accident involving a motorcycle. On July 23, 2021, Defendant served a deposition subpoena for the production of business records (the “Subpoena”) on nonparty Christensen Hsu Sipes, LLP and/or Elizabeth Trent Schaus (hereafter, “CHS”). The Subpoena seeks documents regarding a 2015 motor vehicle accident involving Plaintiff and which resulted in a lawsuit captioned Han...

Excerpt: ..., initiated this action[l] against Defendant, Los Angeles Unified School District ("LAUSD") for injuries arising from a slip and fall while walking through the main hallway on Defendants premises. Plaintiff alleges the floor of the hallway was in a dangerous condition, and Defendant had actual or constructive notice of the dangerous condition. On August 30, 2022, LAUSD filed this motion for summary judgment, or in the alternative, summary adjudic...

Excerpt: ...deh Yaghoubian (“Yaghoubian”), Nancy Gaignard (“Gaignard”), and Lyft, Inc. (“Lyft”), for injuries Plaintiff sustained in an August 8, 2019 motor vehicle accident. Plaintiff alleges she was a passenger in a Lyft vehicle driven by Gaignard when Yaghoubian weaved through traffic in his vehicle and side swiped Gaignard's vehicle. Plaintiff asserts causes of action for General Negligence and Motor Vehicle against all defendants. At the tim...

Excerpt: ...: Plaintiffs Roberto Miranda, et al. RESPONDING PARTY: Defendants Marilin Ruiz, et al. I. INTRODUCTION On August 14, 2023, Plaintiffs, Roberto Miranda and Anabel Bautista, filed these motions[1] to compel Defendants, Marilin Ruiz and Mancia Hipolito, to provide responses to Plaintiff's First Set of Form Interrogatories, Special Interrogatories, and Request for Production of Documents, and to deem Requests for Admission, Set One, admitted against ...

Excerpt: ...d Litem for minor, Darlene Ramirez, and Cesar Ramirez, initiated this medical malpractice action against Defendants, Margaret Juarez, M.D., San Gabriel Women's Health, Inc., and AHMC San Gabriel Valley Medical Center LP (“Settling Defendant”). Plaintiffs allege negligence for a failure to timely deliver Ms. Torres' twins, Darlene and Jayleen, resulting in significant injuries to Darlene and ultimately the death of Jayleen. On July 18, 2023, S...

Excerpt: ...anco, filed this action against Defendant, City of Los Angeles (“City”), for injuries and damages arising from a trip and fall on an uneven portion of a sidewalk. The subject sidewalk was controlled by Los Angeles Unified School District (“LAUSD”). Relevant Procedural Background The alleged accident took place on December 19, 2021. Plaintiff presented the City, a governmental entity, with a claim for the incident on May 19, 2022. The clai...

Excerpt: ...d fall on Defendant's premises. Plaintiff filed the operative First Amended Complaint (“FAC”) on July 5, 2023. Plaintiff seeks punitive damages and attorney's fees. On August 25, 2023, Defendant filed this motion to strike punitive damages and attorney's fees from the FAC. The motion is unopposed. II. LEGAL STANDARD FOR MOTION TO STRIKE Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whol...

Excerpt: ...G PARTY: Defendant Los Angeles Metropolitan Transportation Authority RESPONDING PARTY: Plaintiff Donyea Richardson I. BACKGROUND On March 13, 2023, Defendant, Los Angeles Metropolitan Transportation Authority, filed these motions to compel Plaintiff, Donyea Richardson, to provide responses to Defendant's first set of Form Interrogatories, Special Interrogatories, and Demand for Identification and Production and Inspection of Documents. Defendant ...

Excerpt: ...Dan Yuedong Wu, arising from an apartment fire that occurred around November 2020. Plaintiff is presently self-represented. Run D. Wu's Discovery Requests Run D. Wu served Plaintiff with written discovery requests on December 27, 2021, including Form Interrogatories, Special Interrogatories, and Production of Documents. Plaintiff served responses on October 24, 2022. Run D. Wu found Plaintiff's responses to be deficient and thereafter filed a mot...

Excerpt: ...recreational go-kart track. On July 14, 2019, Kerrigan Schipske, her spouse Dagoberto Bribiesca, and Schipske's daughter went to the Golf n' Stuff Park. While there, Schipske was driving a go-kart at the Golf n' Stuff Park when the go-kart stalled. Plaintiff was hit by an oncoming go-kart driven by her daughter. Plaintiff sustained injuries. On June 25, 2021, Plaintiffs, Kerrigan Schipske and Dagoberto Bribiesca, filed a form complaint against De...

Excerpt: ...ts, County of Los Angeles, City of Los Angeles, and Los Angeles County Metropolitan Transportation Authority (“LACMTA”), for injuries Plaintiff sustained when he fell while exiting LACMTA's bus. Plaintiff alleges LACMTA's bus driver negligently stopped the bus approximately 36-40 inches away from the curb, causing Plaintiff to misstep and fall. Plaintiff asserts causes of action for (1) Negligence, (2) Negligence Per Se, (3) Dangerous Conditi...

Excerpt: ...Moller—Maersk (“Maersk”), Damco Distribution Services, Inc., Damco USA Inc., 52 Degree Lane, Inc., San Judas Tadeo Trucking, LLC, San Judas Tade Trucking, Inc., and Gabriel Mendez, arising out of the death of Plaintiff's fiancé, Jose Antonio Arciniega (“Decedent”), on Defendants' premises on August 31, 2022. Plaintiff asserts causes of action for Negligence and Premises Liability. On July 18, 2023, the Court deemed this case and Isabel...

Excerpt: ...e 10, 2021, Plaintiff, Zachary Birns, initiated this action against Defendant, Arakelian Enterprises Inc. dba Athens Services, for injuries arising from a bicyclist versus motor vehicle accident. Plaintiff alleges Jorge Martin Hernandez (“Hernandez”) was driving a vehicle when he attempted a U-turn just as Plaintiff passed on his bicycle. Hernandez was driving in the course and scope of his employment with Defendant. On March 6, 2023, Plainti...

Excerpt: ... and Mabry Management Co., Inc., for injuries arising from a slip and fall on the common area staircase of Defendants' premises. Plaintiff filed the First Amended Complaint (“FAC”) on April 17, 2018. The FAC asserted causes of action for (1) General Negligence and (2) Premises Liability. Deemed Admissions On August 24, 2022, Defendants filed a Motion to Have Requests for Admissions Deemed Admitted against Plaintiff. Plaintiff failed to file a...

Excerpt: ... Alex Omar Munguia Romero (“Romero”), and Defendants, Brian Boudreaux and Lois Sophia Rocha, arising from an automobile collision that occurred on October 1, 2019. Romero is currently self-represented. On May 4, 2023, the Court granted Defendants' motion to compel Romero's appearance at a physical examination. Pursuant to the Court's order, Plaintiff was ordered to appear at a physical examination with Dr. Ronald Kvitne on May 15, 2023. On Ma...

Excerpt: ...on against Defendants, County of Los Angeles and Does 1 through 20, for injuries arising from a trip and fall due to a tree stump near the entrance of the Los Angeles County Department of Social Services in El Monte, California. Plaintiff alleges she sustained mental, emotional, and physical pain and suffering, including fractures to her left shoulder and right foot. On November 30, 2022, Plaintiff amended the Complaint to name CBRE Group, Inc. (...

Excerpt: ...y (erroneously served as “Long Beach Transit”) and Rodney Jones, filed this motion to continue the trial date and all trial-related dates so that Defendants' motion for summary judgment may be heard before trial. Defendants' summary judgment motion is scheduled for July 17, 2024. Plaintiff filed an opposition. Defendants have not filed a reply. II. LEGAL STANDARD TO CONTINUE TRIAL California Rules of Court, rule 3.1332, subdivision (b) outlin...