Excerpt: ...rtainment LLC, et al. for damages arising from a trip and fall at SoFi stadium. Defendants Kroenke Sports & Entertainment LLC; Stadco LA, LLC; Pincay RE, LLC; and Chargers Football Company, LLC filed their motion for summary judgment/adjudication as to Plaintiff's operative complaint. The hearing on the motion is set for April 26, 202 4. Defendant Contemporary Services Corporation filed its separate motion for summary judgment against Plaintiff's...

Excerpt: ...nd Romaine Kirlew for injuries arising from an automobile collision. On February 26, 2024, the Court granted Plaintiff's motion to compel further, and ordered Hertz to serve further responses to Plaintiff's request for production of documents, set one, as to request nos. 5 and 7. (Min. Order, Feb. 26, 2024.) Further, the Co urt granted Plaintiff's request for sanctions and ordered Hertz and/or its counsel, jointly and severally, to pay Plaintiff ...

Excerpt: ... Burbank Senior Villa West ("LBC"), Burbank Senior Villa West, Trion Solutions Inc. Orion"), Kornland Building, and Paul Lawrence Dunbar Haney IV ("Haney") for wrongful death (Labor Code 53601) and premises liability. Plaintiffs, the parents of decedent Moncerrat Vargas ("Decedent'), allege Decedent was an employee of LBC/Trion/ Burbank Senior Villa West. After Haney was terminated from his employment with defendants, Haney stabbed Decedent when ...

Excerpt: ...25 Century Park East Company, et al. for damages related to premises liability. On March 15, 2023, Plaintiff filed proof of service of the summons and complaint on defendant Pocrass & De Los Reyes, LLP (“P&D”), alleging P&D was personally served via its authorized agent for service of process James Pocrass (“Pocrass”) on May 7, 2022, at the address 1880 Century Park East, Suite 1415, Los Angeles, California 90067. On March 15, 2023, Plain...

Excerpt: ...County of Los Angeles, State of California, Cherry Street Garage, Los Angeles Convention Center, Staples Center for a slip and fall incident. At this time, the City moves for an order compelling Plaintiff to appear for a mental examination with neuropsychologist Earl C. Thorndyke, Ph.D., (“Dr. Thorndyke”) at 11835 W. Olympic Blvd., Ste. 1270E, Los Angeles, CA 90064. The City argues Plaintiff testified at deposition that she attributes PTSD, a...

Excerpt: ...ollectively, “Defendants”) for injuries arising from a motor vehicle collision. The trial date is currently set for October 24, 2024. Defendants now move to continue the current trial date and all related dates to June 24, 2025 to allow their motion for summary judgment (“MSJ”), currently reserved for December 10, 2024, to be heard prior to trial. The motion is unopposed. II. LEGAL STANDARD Although continuances of trials are disfavored, ...

Excerpt: ...ogatories, and request for production of documents, set one, on plaintiffs Monica Garcia and Genaro Santillian (collectively, "Plaintiffs") on November 21, 2023. The responses were due on December 26, 2023. However, as of the motion filing date, Plaintiffs have not served responses. Defendant therefore seeks an order compelling Plaintiffs to respond, without objections, to the outstandmg discovery and to pay sanctions. In opposition, Plaintiffs c...

Excerpt: ...efendants") for damages arising from an automobile accident Defendants now move to compel non-party SoCal Imaging to produce its custodian of records for deposition, and to produce documents pursuant to a deposition subpoena served. Defendants further request monetary sanctions against SoCal Imaging. Any opposition was due on or before April 11, 2024; the motion is unopposed. 11. MOTION TO COMPEL DEPOSITION (NON-PARTY) 1. Procedural Per CRC 3.134...

Excerpt: ...ely, “Plaintiffs”) filed this action against defendants Dr. Robert Khorramian, Dr. Ellie Goldstein, and The Rehabilitation Centre of Beverly Hills (“the Centre”) for wrongful death ari sing from allegations of medical malpractice. On February 26, 2024, the Centre filed an application for good faith settlement, in addition to the instant motion for determination of good faith settlement between it and Plaintiffs. As of April 11, 2024, the ...

Excerpt: ...h his guardian ad litem Nicholas Vinovich, (“Plaintiff”) filed this action against defendants, Thirty – First District PTSA – Creative Kids (“Creative Kids”), Los Angeles Unified School District (“LAUSD”) and Does 1 to 50 for injuries arising from allegations of negligent supervision. The complaint alleges that Plaintiff was participating in a sponsored school activity at Chatsworth Park when Plaintiff wandered off alone outside t...

Excerpt: ...Burbank Senior Villa West ("LBC"), Burbank Senior Villa West, Trion Solutions Inc. Orion"), Kornland Building, and Paul Lawrence Dunbar Haney IV ("Haney") for wrongful death (Labor Code 53601) and premises liability. Plaintiffs, the parents of decedent Moncerrat Vargas ("Decedent'), allege Decedent was an employee of LBC/Trion/ Burbank Senior Villa West. After Haney was terminated from his employment with defendants, Haney stabbed Decedent when D...

Excerpt: ...o pay monetary sanctions. On January 19, 2024, Garcia noticed Plaintiff's deposition for February 1, 2024. Garcia's counsel enclosed in the letter that Plaintiff is to provide alternative dates if Plaintiff is not available, and that the deposition will not be taken off -calendar ab sent notification of alternative dates for February 2024. On January 31, 2024, Garcia's counsel sought to confirm the deposition date, and Plaintiff's counsel respond...

Excerpt: ...��Plaintiffs”) filed a First Amended Complaint (“FAC”) against defendants Vista General Engineering Company Inc. (“Vista”), Arturo Orozco Torres (“Torres”), and Does 1 to 10 for damages arising from a motor vehicle accident that occurred on August 24, 2018. The FAC sets forth four causes of action for (1) motor vehicle negligence, (2) general negligence, and (3) negligence per se, and (4) loss of consortium against all defendants. V...

Excerpt: ...roduction of documents on plaintiff Dwayne Flowers (“Plaintiff”) on May 2, 2023 1. To date, Plaintiff has not served responses. Defendant therefore seeks an order compelling defendant Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. In opposition, Plaintiff's counsel submits a request for a continuance on the motions to compel on the grounds that Plaintiff's counsel is unable to ascertain the status...

Excerpt: ...on against defendant Manfield and Associates ("Defendant') for injuries arising from a slip and fall on allegedly defective stairs covered in foreign debris and dust Plaintiff now seeks to strike Defendants orthopedic experts on the grounds that it is cumulative. Defendant opposes the motion, and Plaintiff filed a reply. Defendant also filed a motion for leave to amend/augment its expert witness designation. The Court had advanced the hearing to ...

Excerpt: ...ffs") each a separate set of (1) form interrogatories, set one, (2) special interrogatories, set one, and (3) request for production of documents ("RPDs"), set one, on November 2, 2023. Responses were initially due on December 5, 2023. After receiving no responses, defense counsel sent email correspondence to Plaintiffs counsel requesting status of the discovety. Defendant granted Plaintiffs an extension to respond to discovery by December 21, 20...

Excerpt: ...ey Occupational Center and Does 1 through 100 for injuries arising from a slip and fall on slippery yellow traction plates. The operative Second Amended Complaint (“SAC”) sets forth three causes of action for (1) negligence – against Does 1 through 100, (2) premises liability ag ainst Does 1-100, and (3) dangerous condition of public property pursuant to Gov. Code § 835 against West Valley Occupational Center – Los Angeles Unified School...

Excerpt: ...havez (collectively, “Plaintiffs”) filed this action against defendants, Daniel Chan (“Chan”), Chanchenda Hou, Chanvachana Hou, Doe Attacker, and Does 1 to 20 for injuries arising from a shooting by Doe Attacker. Plaintiffs set collectively set forth three causes of action for: (1) general negligence against Chan, Chanchenda Hou and Chanvachana Hou, Doe Attacker, and Does 1 to 20, (2) intentional tort against Doe Attacker and Does 1 to 20...

Excerpt: ..., 2023. After granting Plaintiff Brown an extension to provide responses by January 15, 2024, Plaintiff has failed to serve responses to date despite several follow-up correspondences by defense counsel. Defendant therefore seeks an order compelling Plaintiff Brown to respond, without objections, to the outstanding discovery and to pay sanctions. Any opposition was due on or before April 5, 2024; the motion is unopposed. 11. MOTION TO COMPEL For ...

Excerpt: ...y Lee Smithers ("Defendants") for damages arising from a motor vehicle collision. Defendants now move to compel the deposition of non-party Gagandeep Singh ("Singh"), who is the person most knowledgeable ("PMC) at Diamond Sea, Inc. Defendants asserts they served Singh with a valid deposition subpoena that required Singh to appear for his deposition on November 29, 2023, but Singh did not appear for his deposition. The motion is unopposed. 11. MOT...

Excerpt: ...ng from an automobile collision. Defendant Cody Yaraghchi, erroneously sued and served as Cody Araghachi, (“Yaraghchi”) now moves for terminating sanctions against Plaintiff Grey to dismiss her action on the grounds that she failed to abide by the Court's September 19, 2023 Order to appea r for her deposition. Defendants Uber Technologies, Inc., Rasier, LLC and Rasier -CA, LLC (“Uber Defendants”) join the motion. Plaintiff Grey opposes Ya...

Excerpt: ... for injuries arising from Plamtifffalling off a ladder. Plamtiff filed an amendment to complaint naming Shahe Terjimanian as Doe 1, At this time, Plaintiff seek leave to file a First Amended Complaint ("PAC") to add a third cause of action for Uninsured Employer & Negligence Pursuant to California labor Code 3700 & 3706, and fourth cause of action for negligence per se, in addition to seeking damages. Anahid Terjlmanian and Shahe Terjimanian ("D...

Excerpt: ...is action against defendant George Anderson and Does 1 to 50 for damages arising from a motor vehicle collision. Plaintiff filed an amendment to complaint naming Karo Vartanian as Doe 1. George Anderson and Karo Vartanian (“Defendants”) now move for evidentiary and issue sanctions against Plaintiff for failing to appear for neurological examination in violation of the Court's October 26, 2023 Order. On October 26, 2023, the Court ordered P la...

Excerpt: ...g Plaintiff Brown an extension to provide responses by January 15, 2024, Plaintiff has failed to sewe responses to date despite defense counsel sending several follow-up correspondences. Defendant therefore seeks an order compelling Plaintiff Brown to respond, without objections, to the outstanding discovety and to pay sanctions. Any opposition was due on or before April 4, 2024; the motion is unopposed. 11. MOTION TO COMPEL For a motion to compe...

Excerpt: ...BS Group, and Radford Studio Center, Inc. for injuries arising from the delivery and unloading of steel beams to the premises located at 4024 Radford Avenue, Studio City, wherein the steel beams fell on Plaintiff. (Compl. at 14.) The complaint sets forth against all defendants two causes of action for (1) negligence and (2) premises liability. Defendant Norman Industrial Materials dba Industrial Metal Supply, Inc. ("IMS") now moves for summary ju...

Excerpt: ...d Daniel Ramirez (“Ramirez”) for damages arising from a dog bite incident. The complaint sets forth two causes of action for general negligence and strict liability. The complaint includes a prayer for punitive damages. Defendant Mehrdad Azizi, erroneously sued as Michael Azizi, (“Azizi”) moves to strike the prayer for punitive damages. Plaintiff opposes the motion, and Azizi filed a reply. II. MOTION TO STRIKE 1. Procedural Standard Befo...

Excerpt: ...d Haghighat Family Trust, and Does 1 to 50 for injuries arising from a metal gate coming off the rail, which caused Plaintiff to fall backwards on concrete. On September 6, 2022, Plaintiff filed amendments to complaint correcting the name of defendants Daria Trs to Daria Haghighat, Trustee of The Haghighat Family Trust, and correcting the name Hooshang Haghighat to Hooshang Haghighat, Trustee of the Haghighat Family Trust. F urther, dismissal was...

Excerpt: ...t one, on plaintiff Saeid Saghian (“Plaintiff”) on December 18, 2023. After receiving no responses, defense counsel sent email correspondence request ing responses on or before January 31, 2024. Plaintiff has failed to serve responses to date. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Any opposition was due on or before April 2, 2024; the motion i...

Excerpt: ... Grocery ("Mini Maro for damages arising from a motor vehicle accident that occurred on February 21, 2020. The complaint sets forth two causes of action for general negligence and motor vehicle negligence against all defendants. Mmi Mart now moves for judgment on the pleadings on the grounds that Plaintiffs complaint does not state sufficient facts to constitute a cause of action against it Plaintiff opposes the motion. Any reply was due on or be...

Excerpt: ...tiffs”) filed this action against defendant Anthony Dwain Stanford (“Defendant”) for damages arising out of a motor vehicle accident. Defendant now moves for an order for leave to conduct a neuropsychological examination of Plaintiff Marena with George K. Henry, Ph.D./ABPP -CN (“Dr. Henry”) at 11601 Wilshire Blvd., 5th floor, Los Angeles, California 90025. Defendant avers that the parties do not dispute that Plaintiff Marena has placed ...

Excerpt: ...“Dang”), State of California, California State University, California State University of Northridge, CSU- Northridge, and Does 1 to 50 for damages arising from an automobile collision. Trial is currently set for May 23, 2024. Plaintiff now moves to reopen discovery for the limited purpose of conducting defendant Dang's deposition. Defendants Board of Trustees of the California State University (erroneously sued as “State of California, Cal...

Excerpt: ... against defendants Allied Universal Security Services Universal Protection Services LPP and White Memorial Medical Center (“WMMC”) for damages arising from security removing Plaintiff from the premises. The complaint sets forth four causes of action for (1) assault, (2) batt ery, (3) negligence, and (4) negligent hiring, retention, supervision and training. Defendant Allied Protection Service, LP dba Allied Universal Security Services Univer...

Excerpt: ...g from a trip and fall at SoFi stadium. On March 18, 2024, Plaintiff filed the instant motion seeking an order compelling defendant Stadco LA, LLC ("Defendant') to provide further responses to Plaintiffs request for production of documents ("RPDs), sets one and fivo, as to requests nos. 2, 8, 16, 17, 18, 19, and 23. In opposition, Defendant contends Plaintiff received all relevant documents requested at IDC and that Plaintiff did not meet and con...

Excerpt: ...to 50 for damages arising from a motor vehicle accident. Plaintiff filed amendments to complaint naming Raiser LLC as Doe 1, Raiser-CA LLC as Doe 2, and Raiser – DC LLC as Doe 3. Raiser LLC and Raiser -CA LLC (collectively, “Raiser”) now move for terminating sanctions against Plaintiff for failing to serve verified discovery responses in compliance with the Court's February 21, 2024 Order compelling responses to Raiser's Request for Admissi...

Excerpt: ...y and through his Guardian Ad Litem, Anita Gonzalez (“Plaintiff”) filed this action against defendant Alexander Escalante (“Defendant”) for injuries arising from a motor vehicle v. bicycle incident. Defendant now moves for an order compelling Plaintiff to appear for a second physical examination (“IME”) with neurologist Lorne Label, M.D. (“Dr. Label”) Plaintiff opposes the motion, and Defendant filed a reply. 1. Moving Argument De...

Excerpt: ...nd through his guardian ad litem, Bertha Ramirez, ("Plaintiffs"), individually and as successors in interest to Lucas Obdulio Perez Vicente ("Decedent"), filed this action against defendants 1037 North Sycamore (Los Angeles) Owner, LP. ("1037 North"), CIM Group, L.P. ("CIM Group") and CIM Holdings, LLC ("CIM Holdings") (collectively, "Defendants") for wrongful death arising from work Decedent performed on Defendants' property, in which unsecured ...

Excerpt: ...Plaintiff”) filed this action against Defendant Kathryn Alverson (“Defendant”) for injuries arising from a motor vehicle incident. Trial is currently set for September 11, 2024. The Court previously granted Defendant's motion to compel Plaintiff's physical examination with neurosurgeon Luke Macyszyn, M.D. (“Dr. Macyszyn”). (Min. Order, March 28, 2024.) Defendant now seeks Plaintiff to submit to a second physical examination with neurolo...

Excerpt: ...Defendant”) for damages arising from an automobile incident. The complaint sets forth a single cause of action for negligence. The complaint includes a prayer for punitive damages. Defendant now moves to strike the following from the complaint: (1) Page 2, paragraph 10, lines 21 through 23; (2) page 2, paragraph 11, line 23; and (3) page 4, Prayer for punitive damages, Paragraph 6, line 17. Any opposition was due on or before March 27, 2024; th...

Excerpt: ...defendants Los Angeles County Metropolitan Transportation Authority (“LACMTA”) and Anuja Rane (“Rane”) for injuries arising from a March 15, 2022 collision between LACMTA's bus and Rane's motor vehicle (the “Taylor Action”). Taylor alleges he was a passenger on the b us, and that both LACMTA and Rane operated their respective vehicles in an unsafe manner. Rane filed his own action against LACMTA and Jon Paul Jimenez (Doe 1), Case No. ...

Excerpt: ...sign Inc. (“DSD”), Wilmer Rolando Cruz Lopez, and Babken Ovsepian for damages arising out of a motor vehicle accident, specifically when she collided with a Ford F250 carrying concrete. DSD now moves for an order compelling Plaintiff to attend a mental examination with psychologist/neuropsychologist Kyle B. Boone, Ph.D., ABPP-ABCN, (“Dr. Boone”) at 24564 Hawthorne Boulevard, Suite 208, Torrance, CA 90505. Plaintiff opposes the motion, and...

Excerpt: ...automobile incident At this time, State Farm Mutual Automobile Insurance Company ("State Farm") moves for leave to intervene in the case, contendmg it is the automobile insurer for defendant Christian Jonathan Mejia ("Mejia"). State Farm contends it has a direct interest in the litigation due to the insurance policy issued to its insured, Mejia, and that it wnll be required to satis$ any judgment obtained against Mejia. State Farm avers Mejia has...

Excerpt: ...ant”) for damages arising from an automobile incident. The complaint sets forth two causes of action for (1) motor vehicle negligence and (2) negligence per se. The complaint includes a prayer for punitive damages as to the second cause of action. Defendant now moves to strike the prayer for punitive damages at page 6, line 4, of the complaint. As of March 24, 2024, no opposition was filed. II. MOTION TO STRIKE 1. Procedural Standard Before fil...

Excerpt: ...ng from a motor vehicle accident On January 25, 2024, Plaintiff filed the instant motion moving the Court for an order compelling Moller to provide further responses to Request for Identification and Production of Documents ("RPDs"), set three. More particularly, Plaintiff seeks an order compelling Moller to produce further responses to request no. 60, which seeks Mollers medical records related to injuries suffered from the incident Plaintiff co...

Excerpt: ...ick Arbuckle ("Arbuckle") for damages arising from an automobile accident.LMafra-Neto and Spencer filed a cross-complaint agamst Arbuckle and Roes 1 to 50 for contribution, indemnity, and declaratory relief. Defendants/cross-complainants Mafra-Neto and Spencer (collectively, "Defendants") now move for an order requirmg Plaintiff to postan undertakmg in the sum of $48,794.70 pursuant to Code Civ. Proc. 5 1030. Plamtiff opposes the motion, and Defe...

Excerpt: ...Mechanical Contractors, erroneously sued as Pacific Mechanical Contractor, (“PMC”) served (1) form interrogatories, set one, and (2) special interrogatories, set one, on plaintiff Eduardo Galeno (“Plaintiff”) on November 15, 2022. Additionally, PMC served form interrogatories, set two, on Plaintiff on January 27, 2023. After providing Plaintiff with an extension for set one of discovery up to January 13, 2023, Plaintiff did not properly e...

Excerpt: ...defendants Superior Plastering of California, Does 1 to 5 individually and d/b/a Superior Plastering of California, and Does 6 to 100 for damages arising an unsafe work environment in which Plaintiff fell from a scaffolding. Stanley Caron dba Superior Plastering of California, erroneously sued as Superior Plastering of California, filed a First Amended Cross -complaint against S&D Drywall, S&H construction Builder Corporation, and Roes 1 to 50. S...

Excerpt: ...ruma Corporation and Mission Foods for injuries arising from a slip and fall. Trial is currently set for June 11, 2024. Gruma Corporation dba Mission Foods, erroneously sued and served as Gruma Corporation and Mission Foods (“Defendant”) move to continue the trial date and all -related dates by six months to October 11, 2024, or to a date thereafter. Defendant avers that Pla intiff is in agreement with a trial continuance. (Pearlman Decl. at ...

Excerpt: ...efendant”) for injuries arising from a motor vehicle incident. Trial is currently set for September 11, 2024. Defendant now moves to compel Plaintiff's physical examination and requests monetary sanctions. Any opposition to the motion was due by March 15, 2024; no opposition was filed by this date. II. MOTION TO COMPEL PHYSICAL EXAMINATION 1. Legal Standard CCP § 2032.220 states: 1. In any case in which a plaintiff is seeking recovery for pers...

Excerpt: ...ounty of Los Angeles, State of California, Cherry Street Garage, Los Angeles Convention Center, Staples Center for a slip and fall incident. At this time, the City moves for an order compelling Plaintiff to appear for a mental examination with neuropsychologist Earl C. Thorndyke, Ph.D., (“Dr. Thorndyke”) at 11835 W. Olympic Blvd., Ste. 1270E, Los Angeles, CA 90064. Plaintiff opposes the motion, and the City filed a reply. 1. Moving Argument T...

Excerpt: ...efendants Does 1 to 25 1 for injuries arising from a trip and fall on a pothole in a parking lot. Plaintiff filed amendments to complaint naming Denshaz, Inc. (“Denshaz”) as Doe 1, MJH, LLC as Doe 2, Benjamin Hops as Doe 3, Goodrich And Hops Properties West as Doe 4, Benjamin Hop s50 as Doe 5, Frieda Investments, LLC as Doe 6. On April 26, 2023, Denshaz filed its Answer and a cross -complaint against Goodrich and Hops Properties West, and Roe...

Excerpt: ...ffrey Kai (“Defendants”) for damages arising from an automobile collision.¿ Defendants now move for an order requiring Plaintiff to post an undertaking in the sum of $100,000 pursuant to CCP § 1030. Plaintiff opposes the motion. As of March 20, 2024, no reply has been filed. II. MOTION TO REQUIRE PLAINTIFF TO FILE AN UNDERTAKING 1. Legal Standard In an action or special proceeding brought by a nonresident plaintiff, the defendant may at any...

Excerpt: ... Antonio Regla and Antonio's Trucking, Inc. for injuries arising from a motor vehicle incident. The trial date is currently set for September 17, 2024. On March 1, 2024, Plaintiff filed the instant motion to reopen discovery for the limited purpose of expert discovery to track with the current trial date. Defendant Antonio Regla dba Antonio Trucking, erroneously sued and served as Antonio Regla, and Anton io's Trucking, Inc. (“Defendant...

Excerpt: ...pardi ("Defendant") for civil harassment, assault, battery, trespass, and intentional infliction of emotional distress. Defendant now moves for terminating sanctions against Plaintiffto dismiss Plaintiffs action with prejudice for failing to serve verified discovety responses in compliance with the Courts November 16, 2023 Order. In the alternative, Defendant requests issue and/or evidentiary sanctions. Any opposition was due on or before March 1...

Excerpt: ...r damages arising from a motor vehicle incident. On November 21, 2021, defendant Linda Rivero served Plaintiff with an offer to compromise per CCP §998 to waive defense costs and defense fees in exchange for dismissal of the action. Plaintiff did not accept the offer. On August 29, 2023, defendant Israel Rivero was dismissed with prejudice. (Order of Dismissal, Aug. 29, 2023.) After multiple trial calls, Plaintiff filed a voluntary request for d...

Excerpt: ... City”), County of Los Angeles (“the County”), and State of California for an alleged dangerous condition of public property, wherein Plaintiff fell when she rode her bicycle over a non - cross -h atched vertical grate. Plaintiff alleges the non -cross -hatched vertical grate in the bike lane of westbound Florence Ave. near the intersection of Emil Avenue constituted a dangerous condition. (Compl. ¶ 10.) The complaint sets forth a single c...

Excerpt: ...s Cruz, Alvaro Alacon, Uber Technologies, Inc., Rasier LLC, Raiser -CA LLC, and Does 1- 50 for injuries arising from a motor vehicle collision. This matter was consolidated with Tomas Antonio Cruz vs. Alvaro E. Alacon, et al. Case No. 22STCV01166. (Joint Stip. & Ord er, May 21, 2023.) Trial is currently set for May 30, 2024. Defendants Uber Technologies, Inc., Rasier LLC, Raiser -CA LLC (“Uber”) now moves to continue the trial date, and all p...

Excerpt: ...ey Occupational Center and Does 1 through 100 for injuries arising from a slip and fall on slippery yellow traction plates. The operative Second Amended Complaint (“SAC”) sets forth three causes of action for (1) negligence – against Does 1 through 100, (2) premises liability ag ainst Does 1-100, and (3) dangerous condition of public property pursuant to Gov. Code § 835 against West Valley Occupational Center – Los Angeles Unified School...

Excerpt: ...Defendant") for damages arising from a motor vehicle incident Trial is currently set for Januaty 27, 2025. Defendant seeks leave to file a First Amended Answer ("FAA") to Plaintiffs complaint to include an amrmative defense based on prelitigation settlement of Plamtiffs claims. The motion was initially denied, without prejudice, due to procedural defects. (Mm. Order, Dec. 13, 2023.) Preliminary, the Court notes that Plaintiff filed a brief opposi...

Excerpt: ...ntiffs”) filed their First Amended Complaint against defendants San Gabriel Transit Inc. (“SGT”), Access Services (“Access”), Los Angeles County Metropolitan Transportation Authority, Steve Ly (“Ly”) and Does 1 through 50 for injuries arising from falling off an alleged moving or malfunctioning vehicle ramp on October 13, 2021. Plaintiff Aline now moves to quash defendant Access's deposition subpoena for production of business recor...

Excerpt: ...fendant”) for injuries arising from a slip and fall on allegedly defective stairs covered in foreign debris and dust. The trial date is currently set for May 17, 20 24. On August 5, 2023, the parties stipulated to continue trial to February 26, 2024 and for all pre - trial discovery and motion deadlines to track with the new trial date. (Stip. & Order, Aug. 5, 2023.) The Court then continued the trial date to May 17, 2024, but denied without pr...

Excerpt: ...ose Baking Inc„ and Mehran Termechi for damages arising out of an automobile v. pedestrian accident At this time, AmGUARD Insurance Company ("AmGUARD") moves for leave to intervene in the case, contending that it is the commercial automobile insurer for Retail Baking LLC. AmGUARD argues it has a direct interest in the litigation due to the insurance policy issued to its insured, Retail Baking LLC, which is currently a suspended corporate entity...

Excerpt: ...s Angeles World Airports ("LAWA") (collectively, "Defendants") for injuries arising from a trip and fall on Defendants' premises. The PAC alleges Plaintiff went to the premises to receive a Covid-19 vaccination shot, when she tripped and fell over an elevated surface mount for a vehicular traffic guidepost while crossing the parking area to the trailer. (FAC at 7. ) Plamtiff alleges the guidepost mount remamed in the direct path from the parking ...

Excerpt: ...LLC and Rasier -CA, LLC, Cesar Augusto Campos Orellana and Francisco J. Giron for injuries arising from an automobile incident. At this time, defendants Uber Technologies, Inc., Rasier, LLC and Rasier -CA, LLC (collectively, “Uber”) moves for an order compelling Plaintiff to appear for a mental examination with neuropsychologist Howard J. Friedman, Ph.D., ABPP (“Dr. Friedman”) at 30 3 North Glenoaks Blvd., Suite 200, Burbank, CA 91502. Pl...

Excerpt: ...g from a motor vehicle collision. Plamtiff filed an amendment to complaint naming Pedro Ivan Jimenez Aguilera as Doe 1. On October 26, 2023, the Court granted Avis Rent A Car System, LLC leave to intervene in this action. At this time, Plaintiff moves to compel the deposition of Avis Budget Car Rental, LLC's employee Jeanne Motosko ("Motosko") and its employee(s) and/or person(s) most qualified ("PMQ"). Plaintiff requests monetary sanctions. Defe...

Excerpt: ...ria and Does 1 through 100 for damages arising from a slip and fall on Defendant's property. Plaintiff filed amendments to complaint, naming Brkic Ferdo and Zdenka Trs as Doe 1 and Brkic Ljilj a as Doe 2. Trial is currently set for April 23, 2024. On December 18, 2023, defendants Maria Delgado dba Birrieria Chalio (erroneously named as Chalio Birrieria), Ferdo Brkic, Zdenka Brkic, and Brkic Trust (erroneously sued and served as Brkic Ferdo And Zd...

Excerpt: ...om a motor vehicle collision. Defendant now moves for terminating sanctions against Plaintiffto dismiss Plamtiffs action with prejudice for failing to serve verified discovety responses in compliance with the Courts November 27, 2023 and November 28, 2023 Orders. Defendant further requests monetary sanctions. Plaintiff is in pro per. Any opposition was due on or before March 7, 2024; none was filed. 11. MOTION FOR TERMINATING SANCTIONS 1. Legal S...

Excerpt: ...�Gomez”), Fabricio Espinoza, and Gonzalo Espinoza for damages arising from an automobile collision. On December 12, 2023, Peter J. Gates, Esq. of Gates, Gonter, Guy, Proudfoot & Muench, LLP (“C ounsel”) filed an Answer to Plaintiff's complaint on behalf of Sampedro, Gomez, Fabricio Espinoza, and Gonzalo Espinoza. On December 28, 2023, Counsel filed the instant motion to strike and withdraw Answers filed on behalf of Sampedro and Gomez on th...

Excerpt: ...��Defendant”) for injuries arising from a motor vehicle v. bicycle incident. At this time, Defendant moves for an order compelling Plaintiff to appear for a mental examination with neuropsychologist John T. Dunn, Ph.D. (“Dr. Dunn”) at 23734 Valencia Blvd., Suite 306, Valencia. Plaintiff opposes the motion, and Defendant filed a reply. 1. Moving Argument Defendant avers Plaintiff claims on- going “problems with his memory, doesn't act like...

Excerpt: ...��Defendant”) and Does 1 through 10 for damages arising from an automobile collision. Plaintiff sets forth three causes of action for negligence, battery, and intentional infliction of emotional distress (“IIED”). All unnamed Doe defendants have been dismissed. The complaint does not set forth a cognizable basis for battery on the grounds that Plaintiff “did not consent to Defendant smashing into Plaintiff's automobile.” (Compl. at ¶ 4...

Excerpt: ...acheco (“Pacheco”) and Does 1 to 50 for damages arising from a motor vehicle incident. Plaintiff filed amendments to complaint naming Mario Ernesto Canales (“Canales”) as Doe 1 and Canales Transportation, LLC (“Canales Transportation”) as Doe 2. On February 20, 2024, Plaintiff filed the instant motion to compel the production of business records of non -party State Farm Mutual Automobile Insurance Company (“State Farm”) served on ...

Excerpt: ..., 2022. (Mot McGlynn Decl. 2; Exh. A) After receiving no response, Plaintiff filed a motion to compel in March 2023, butthe motion was taken off-calendar pursuant to a stipulation bemveen the parties, in which defense counsel agreed to diligently produce responses in a reasonable time. (ld. at 4.) On December 1, 2023, Plaintiffs counsel sent a meet and confer email regarding the outstanding responses. (ld. at 5.) Defense counsel stated difficulti...

Excerpt: ...uries arising from a slip and fall on a wet floor because Doe Manager was pouring water onto the floor. At this time, Plaintiff moves to compel the deposition of Home Depots employee, Veronica Wallace ('Wallace") and for sanctions. Home Depot opposes the motion and requests sanctions. Plaintiff filed a reply. 1. Moving Argument Plaintiff argues Home Depot has had four other slip and fall incidents on September 22, 2017, October 1, 2017, July 29, ...

Excerpt: ...id Mohamadreza Siadatan, Silverado Senior Living, Inc., Shenzhen New World II, LLC dba Sheraton Universal Hotel (“the Sheraton”), Enterprise Rental, and Does 1 through 100 for damages arising a motor vehicle v. pedestrian accident in a parking lot. On September 16, 2020, Plaintiff filed amendments to complaint naming Towne Park, LLC (“Towne”) as Doe 1 and Mile Hi Valet Service, Inc. (“MHVS”) as Doe 2. The trial date is currently set f...

Excerpt: ...egedly sustained when she slipped and fell on water near the door of the restroom on June 9, 2019. On July 5, 2022, Plaintiff filed an amendment to complaint naming Nationwide Janitorial Services, Inc. as Doe 1. On November 29, 2023, the Court granted defendants Culver City Mall, LLC, erroneously sued as Westfield, LLC and Nationwide Janitorial Services, Inc. ("Defendants") motion to compel Plaintiff to provide supplemental responses, and the Cou...

Excerpt: ...ff”) filed this action against defendants Special Service For Groups, Inc., et al. for damages arising from hot water being thrown on Plaintiff by another resident at a housing for the homeless. The form complaint indicates causes of action for (1) general negligence and (2) intentional tort. Defendant Special Service For Groups, Inc. (“SGS”) now demurs to each cause of action, arguing both fail to state sufficient facts to constitute a cau...

Excerpt: ...an automobile incident At this time, State Farm Mutual Automobile Insurance Company ("State Farm") moves for leave to intervene in the case, contendmg it is the automobile insurer for defendant Christian Jonathan Mejia ("Mejia"). State Farm contends it has a direct interest in the litigation due to the insurance policy issued to its insured, Mejia, and that it wnll be required to satis$ any judgment obtained against Mejia. State Farm avers Mejia ...

Excerpt: ...ising from an automobile incident. At this time, Defendant Hendrik J.W. Weenink, erroneously sued as Hendirk J.W. Weenink, ("Defendant") moves to compel Plaintiffs independent medical examination ("IME") and requests monetary sanctions. This matter was Initially set to be heard on February 5, 2024. However, pursuant to the stipulation betw•een the parties, who met and conferred on the issue, the hearing was contmued to March 14, 2024. (Stip. an...

Excerpt: ...andez ("Hernandez") ShathaAlhazmi, and Does 1-50 for damages arising from a motor vehicle accident Plaintiffs filed amendments to complaint naming Uber Technologies, Raiser LLC, and Raiser-CA LLC (collectively, Uben as Does 1, 2, and 3, respectively. Uber now moves for terminating sanctions against Plaintiff Lam for failing to serve verified discovety responses in compliance with the Courts November 20, 2023 Order pertaining to Ubers motion to co...

Excerpt: ...e, M.D. (“Dr. Wegge”) and Hair Free Laser Center (“HFLC”) (collectively, “Defendants”) for medical negligence arising from care and treatment rendered to Plaintiff. Default was obtained against Defendants on March 28, 2022, and default judgment entered on July 5, 2022. On December 22, 2023, Dr. Wegge filed the instant motion to set aside default and default judgment against her pursuant to CCP §§ 473(b) and 473.5 for lack of actual ...

Excerpt: ...) and Sergio Liborio Carrillo ("Carrillo") (collectively, "Defendants") for damages arising from an automobile incident The complaint sets forth a single cause of action for motor vehicle negligence. Defendants now move for summary judgment against Plaintiffs complaint on the grounds that LAUSD's motion to deem request for admissions admitted conclusively establishes that It and its employees were not negligent and that Carrillo did not cause the...

Excerpt: ...ing Authority of The City of Los Angeles and Does 1 to 50 for damages arising from a workplace injury. Plaintiff alleges he was employed to perform soldering work on an elevator in Building 2 of the Jordan Downs Housing Project. While the elevator was positioned at the 6 th floor, Plaintiff fell six stories in free fall when the elevator suddenly fell and crashed to the 1 st floor due to broken cables and other malfunctions. Plaintiff's initial c...

Excerpt: ...ration (“Target”) and Edgar Villasenor (“Villasenor”) for damages arising from a slip and fall. The FAC alleges defendants caused a known or discoverable dangerous condition to exist on their property creating a risk of harm to all persons coming onto the described premises. The complaint alleges a single cause of action for general negligence against defendants. On May 10, 2023, the Court granted the parties' stipulation and order to dis...

Excerpt: ...rdado (“Plaintiff”) filed this action against defendants Los Angeles County Metropolitan Transportation Authority (“LACMTA”), et al. for damages arising from a motor vehicle accident. The complaint alleges that Plaintiff was a passenger on defendants' bus, when defendant Joh n Doe suddenly applied the brakes while the bus was in motion, causing Plaintiff to fall off her seat. The complaint sets forth two causes of action for (1) motor veh...

Excerpt: ...cy, 5600 Gateway Center, LLC ("5600 Gateway'), H.B.D. Incorporated ("H.B.D.'O, Burger King Corporation for damages relating to an incident wherein Plaintiff alleges after he had an argument with one of defendants' employee, Plaintiff was shot in the back Complaint ("PAC") sets forth four causes of action for (1) negligence, (2) negligent hiring, training, supervision, (3) assault & battery, and (4) premises liability. Defendants 5600 Gateway and ...

Excerpt: ...c Parking, Inc. (“Automac”), and Does 1 to 50 for damages arising from a slip and fall on water. Plaintiff filed amendments to complaint naming Octopus Japanese Cuisine, Inc. as Doe 1 and Octopus Restaurant Long Beach, Inc. (“Octopus Restaurant”) as Roe 2. On December 13, 2023, the Court granted 200 Pine's motion for summary adjudication (MSA) in part as to Octopus Restaurant's duty to defend 200 Pine against Plaintiff's claims. (Min. Ord...

Excerpt: ...a motor vehicle collision. Defendant now moves for terminating sanctions agamst Plaintiff to dismiss Plaintiffs action for failing to serve verified discovery responses in compliance with the Courts August 24, 2023 Order pertaining to Defendants motion to compel discovery responses. Defendant requests monetary sanctions in addition to terminating sanctions. Any opposition was due on or before February 26, 2024; none was filed. II. Motion for Term...

Excerpt: ...tana ("Fontana"). Fontana is also a named defendant in this action. Any opposition to the motion was due by February 26, 2024; no opposition has been filed. II. Compel Deposition CCP S 2025.450(a) provides, "If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid o...

Excerpt: ...ison H. Choi (“Defendants”) to appear for their depositions and to pay monetary sanctions. Trial is currently set for March 26, 2024. Any opposition was due on or before February 26, 2024; none was filed. II. Motion to Compel Deposition 1. Legal Standard CCP § 2025.450(a) provides, “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an o...

Excerpt: ...endent Taxi Owners Associations and Hamidereza Eghbalpour (“Defendants”) for damages arising from an automobile collision. On October 27, 2022, this matter was called for non -jury trial, and after no appearances or contact by either party, the Court dismissed Plaintiff's complaint without prejudice. (Min. Order, Oct. 27, 2022.) On April 24, 2023, Plaintiff filed the instant motion to set aside the dismissal. II. Motion to Set Aside Code Civ....

Excerpt: ...laintiff) on October 25, 2022. Additionally, Defendant propounded form interrogatories, set Ävo, on Plaintiff on December 15, 2022. On November 25, 2022, Plaintiffs counsel served unverified responses to the RPDs, and served unverified responses to the form interrogatories, set Ävo, on Januaty 14, 2023. Defense counsel sent several correspondences requesting verified responses without objections. To date, Defendant has not received verified res...

Excerpt: ... and (3) RPDs, set one, on plaintiff Patrick Rayfield ("Plaintiff') on April 2 7, 2023. After granting Plaintiff three requests for an extension, with responses ultimately being due on October 27, 2023, Plaintiff has failed to serve responses to date. Vons therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovety and to pay sanctions. Any opposition was due on or before February 23, 2024; the motio...

Excerpt: ...issions (RFAs), set one, on Plaintiff Samuel Yun (“Plaintiff”) on December 15, 2022. (Hoy Decl. ¶ 3; Exh. A.) After receiving no response, defense counsel sent meet and confer emails requesting responses be provided without objections. On January 14, 2023, Plaintiff's counsel served unverified responses. ( Id. at ¶ 6; Exh. D.) To date, Defendant has not received verified responses to its RFAs, set one. ( Id. at ¶ 7.) Defendant therefore se...

Excerpt: ...ant moves for an order compelling Plaintiff to provide further responses to Requests for Admission ("RPAs"), set one, as to Nos. 3, 4, and 5. Defense counsel avers the motion is titled as a compel initial rather than compel further based on instructions of this Court. (Mandalia Decl. 33.) The Court has no recollection of advising defense counsel in this manner. Nonetheless, because the Court has recollection of the continuous issues for a meaning...

Excerpt: ...rovide consumers adequate care while on the premises. (Compl. at p. 5.) Plaintiff sets forth fivo causes of action for premises liability and general negligence. On September 27, 2023, Plaintiff filed a request for dismissal ofthe premises liability claim only, which was entered on September 28, 2023. Defendant Walmart Inc„ erroneously sued as Walmart Supercenter, Incu ("Defendant") now moves for summary judgment on Plamtiffs sole cause of acti...

Excerpt: ...i (“Defendants”) for injuries arising from a trip and fall due to inadequate lighting conditions on Defendants' property. The complaint sets forth two causes of action for premises liability and negligence. Defendants now demur to the complaint, arguing that the causes of action fail to state sufficient facts to constitute a claim against them. Plaintiff opposes the demurrer, and Defendants filed a reply. 1. Moving Argument Defendants argue t...

Excerpt: ...4;Kehe”) propounded (1) form interrogatories, set one, (2) special interrogatories, set one, and (3) RPDs, set one, on plaintiff Patrick Rayfield (“Plaintiff”) on June 15, 2023. After granting Plaintiff three requests for an extension, with responses ultimately being due on Octob er 27, 2023, Plaintiff has failed to serve responses to date. Kehe therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding...

Excerpt: ...5, 2022. (Hoy Decl. 3; Exh. A.) On November 25, 2022, Plaintiffs counsel served unverified responses. (ld. at 4; Exh B.) Defense counsel sent several correspondences requesting verified responses without objections. To date, Defendanthas not received verified responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Any opposition was due on or before Febr...

Excerpt: ...g from an automobile collision. Defendant now moves for terminating sanctions against Plaintiff action on the grounds that Plaintiff failed to fully abide by the Court's May 31, 2023 Order by not paying monetary sanctions. Plaintiff opposes the motion, and Defendant filed a reply. II. Terminating Sanctions Code of Civil Procedure § 2023.030 gives the court the discretion to impose sanctions against anyone engaging in a misuse of the discovery pr...

Excerpt: ... a trip and fall over a displaced section of a concrete walkway. The complaint alleges a single cause of action for premises liability. The City moves for judgment on the pleadings on the grounds that it is not liable for common law negligence. Plaintiff opposes the motion, and the City filed a reply. II. Motion for Judgment on the Pleadings 1. Legal Standard A defendant may move for judgment on the pleadings when the “complaint does not state ...

Excerpt: ...ff Jerry Woldum (“Plaintiff”) filed a First Amended Complaint (“FAC”) against defendants East L.A. Dialysis Center, et. al. for damages arising from a heavy gate that fell on Plaintiff while Plaintiff attempted to reposition it. The FAC sets forth three causes of action for (1) negligence, (2) premises liability, and (3) intentional infliction of emotional distress (“IIED”) against all defendants. The FAC includes a prayer for punitiv...