Excerpt: ...ined with 20 days leave to amend, in part, and overruled, in part. Jayi Chiang, et al.'s Motion to Strike Portions of First Amended Cross-complaint is moot, in part, and granted with 20 days leave to amend, in part. Background Plaintiff's Complaint was filed on June 16, 2021. Plaintiff alleges the following facts. Plaintiff entered into a contract with Defendants. Defendants agreed to build Plaintiff a restaurant in exchange for Plaintiff paying ...

Excerpt: ...ined with 20 days leave to amend, in part, and overruled, in part. Jayi Chiang, et al.'s Motion to Strike Portions of First Amended Cross-complaint is moot, in part, and granted with 20 days leave to amend, in part. Background Plaintiff's Complaint was filed on June 16, 2021. Plaintiff alleges the following facts. Plaintiff entered into a contract with Defendants. Defendants agreed to build Plaintiff a restaurant in exchange for Plaintiff paying ...

Excerpt: ...fendant State National Insurance Company, Inc. and others. On March 30, 2023, Defendant filed a demurrer to the eighth cause of action. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401...

Excerpt: ... of Los Angeles.” On July 24, 2023, Defendant County of Los Angeles (County) filed a demurrer the Complaint. No opposition was filed. The demurrer was sustained with leave to amend. On October 4, 2023, Plaintiff filed a 108-page “Complaint Statement Amended.” On October 6, 2023, the County filed a demurrer. That demurrer is the matter before the Court, set for hearing on November 14, 2023. But on October 9, 2023, Plaintiff filed a 61-page �...

Excerpt: ...e “Vehicle”). On August 19, 2021, Plaintiff, Yuriria Cerezo Torres, filed a Complaint against Defendant, General Motors LLC, after Defendant failed to repair the Vehicle pursuant to written expressed warranty for the Vehicle and did not honor its obligations under the Song-Beverly Consumer Warranty Act. On May 18, 2023, the Court granted in part Plaintiff's motion to compel Defendant's further verified responses and documents to Request for P...

Excerpt: ...alleges that between August 22, 2013 to February 6, 2020, she personally loaned the total sum of $65,945.00 to Defendants, Jennifer O. Oh and Younhee Cho, so that Defendants could purchase a house. In return, Defendants promised to repay Plaintiff with interest by October 30, 2020 without any intention to repay the loan. Defendants have not repaid the loan. Promissory notes, written in Korean and English, as well as personal checks issued by Defe...

Excerpt: ...s, United Realty & Management, Inc. (“URMI”) and 7-Eleven, Inc. (“7-Eleven”), arising from a trip and fall on uneven pavement in the parking area in front of Defendants' 7-Eleven store. On August 31, 2020, 7-Eleven filed a Cross-Complaint against URMI, Paul Paik, and Lae Oh Paik for indemnity, apportionment of fault, and declaratory relief. Paul Paik and Lae Oh Pail (collectively, the “Paiks”), are the owners of the shopping center wh...

Excerpt: ... for injuries arising from a motor vehicle collision. On September 29, 2023, Defendant filed these motions to compel Plaintiff's further responses to Special Interrogatories, Set Two, and Request for Production of Documents, Set Two. Defendant seeks sanctions against Plaintiff and his counsel. Plaintiff filed an opposition. Defendant replied. II. LEGAL STANDARD TO COMPEL FURTHER RESPONSES TO DISCOVERY Under Code of Civil Procedure sections 2030.3...

Excerpt: ...ette Lee, for injuries arising from an attack by Defendant's two dogs. Plaintiff alleges Defendant owned, kept, possessed, harbored, and controlled two violent canines with a history of attacks of other individuals in the neighborhood. Plaintiff seeks punitive damages. On September 21, 2023, Defendant filed this motion to strike punitive damages from the Complaint. Plaintiff filed an opposition and Defendant replied. II. LEGAL STANDARD FOR MOTION...

Excerpt: ...bility action against Defendants, City of Los Angeles, County of Los Angeles, and Los Angeles County Metropolitan Transportation Authority (“MTA”), arising from a trip and fall on an uneven sidewalk at or near an MTA bus stop. Plaintiff noticed MTA's person(s) most qualified deposition on three occasions. LACMTA objected to all three deposition notices. On October 3, 2023, Plaintiff filed this motion to compel the deposition of MTA's person m...

Excerpt: ...a Corporation dba El Super for injuries arising from a slip and fall incident. Relevant Procedural Background  On July 7, 2023, Plaintiff filed motions to compel Defendant's further discovery responses to Plaintiff's Special Interrogatories, Set Two, and Requests for Production of Documents, Set Two. Defendant served untimely further responses prior to the hearing. The Court found Defendant's responses to be code-compliant. As such, the Court ...

Excerpt: ...plaint against Defendants, Ford Apartments, L.P. (“Ford Apartments”) and SRO Housing Corporation (“SRO Housing”), for negligence, premises liability, and negligent hiring, retention and supervision. Plaintiff was a tenant at Defendants' property. Plaintiff alleges he was attacked at the property and sustained injuries, including a traumatic brain injury and erectile dysfunction. Plaintiff later filed amendments to the complaint to name Kn...

Excerpt: ...ainst Defendant, The Vons Companies, Inc., for injuries arising from a slip and fall in a Vons' grocery store in Montrose, California. The trial date was initially set for March 2, 2023, and continued by stipulation of the parties to June 8, 2023. Discovery was set to the new trial date. On April 17, 2023, after Plaintiff did not appear for a properly noticed medical examination, Defendant reserved the first available hearing date for this motion...

Excerpt: ... PARTY: Plaintiff Galina Kopelev; Defendant Churchill Condominium Association I. INTRODUCTION On June 4, 2021, Plaintiff, Galina Kopelev, initiated this action against Defendant, Churchill Condominium Association, for injuries arising from a slip and fall in the sauna of Defendant's premises. On September 15, 2023, the following motions were filed:  Defendant's motion to compel Plaintiff's responses to Form Interrogatories, Set Two.  Defend...

Excerpt: ...laintiff, Juan Carlos Rosas Hernandez, filed this action against Defendants, Law Offices of Steven R. Espinoza, APC (“Espinoza Law Offices”) and SAE & JGE, LLC (“SAE & JGE”), asserting causes of action for (1) general negligence and (2) premises liability. Trial was set for May 17, 2023. Pursuant to that trial date, the discovery cutoff was set for April 17, 2023; the discovery motion cutoff was set for May 2, 2023. On March 12, 2023, Pla...

Excerpt: ...ity of Los Angeles, for injuries Plaintiff sustained while walking on an uplifted public sidewalk. On January 30, 2023, Plaintiff noticed the Defendant's deposition. Pursuant to Defendant's request, Plaintiff took the deposition off-calendar so that the parties could participate in mediation and possibly resolve the matter. The matter was not resolved at mediation. Plaintiff then re-noticed the deposition for Defendant for September 13, 2023. Def...

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: ... 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: ...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: ... 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...