Excerpt: ...ages arising out of a motor vehicle accident. On January 9, 2021, Defendant Tony Wank (“decedent”) passed away. On June 6, 2022, Plaintiff filed a First Amended Complaint (“FAC”) replacing Tony Wank with the Estate of Wank (“Defendant”) as a defendant. On September 17, 2020, Plaintiff filed a substitution of attorney, in which Koorosh K. Shahrokh, Esq. of National Choice Lawyers was to represent Plaintiff in this action. On October 14...

Excerpt: ...endants California Highway Patrol (“CHP”) and Pearl Rodney (“Rodney”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. On April 28, 2023, the Court sustained Defendant State of California's, acting by and through the California High Patrol, demurrer to Plaintiff's complaint with leave to amend. On May 18, 2023, Plaintiff filed a First Amended Complaint (“FAC”) for (1) negligence; (2) vicarious liabil...

Excerpt: ...cial interrogatories, set one, on Defendant Smart & Final Stores, Inc. (“Defendant”) on April 18, 2023. On May 22, 2023, Defendant served unverified responses. On June 27, 2023, Plaintiff's counsel informed defense counsel of the missing verifications to Defendant's discovery responses, and that a protective order needed to be signed. Defense counsel responded on June 28, 2023 that verifications would be provided in about a week. Plaintiff's ...

Excerpt: ...ndant”) for damages arising out of an automobile accident. On February 8, 2023, Plaintiff obtained Defendant's default. On June 1, 2023, Defendant filed the instant motion to set aside the default. Plaintiff opposes the motion, and Defendant filed a reply. 1. Moving Argument Defendant asserts that he was served by substituted service on December 13, 2022. On January 27, 2023, Veatch Carlson, LLP was assigned as defense counsel, and no default h...

Excerpt: ... Los Angeles Unified School District erroneously sued as West Valley Occupational Center (“Defendant” or “LAUSD”) for injuries relating to Plaintiff's slip and fall on Defendant's property. On June 16, 2021, Plaintiff filed the operative Second Amended Complaint (“SAC”) alleging causes of action for (1) negligence, (2) premises liability, and (3) dangerous condition of public property. On August 30, 2021, Defendant's demurrer to the S...

Excerpt: ...and Does 1 to 25 for injuries arising from a motor vehicle incident. On March 21, 2023, Plaintiff filed an Amendment to Complaint naming CourierRx, LLC (“CourierRx”) as Doe 1. Plaintiff allegedly served CourierRx with the summons and complaint by personal service upon Courierrx's general manager Michael Chavez (“Mr. Chavez”) on March 23, 2023. On May 15, 2023, Plaintiff obtained Courierrx's default. On July 13, 2023, CourierRx filed the i...

Excerpt: ...r compelling responses to discovery. Plaintiff propounded Request for Production of Documents (“RPDs”), set one on Defendant Malachi Rashid Mapps (“Mapps”) on November 21, 2022. (Mot. Decl. Boris ¶ 4; Exh. A.) On April 7, 2023, Plaintiff's counsel emailed defense counsel requesting responses by April 17, 2023. (Id. at ¶ 5; Exh. B.) On April 10, 2023, defense counsel responded that they were unable to locate Defendant Mapps and therefore...

Excerpt: ...tion against Defendant Robert Wu (“Defendant”) for damages arising from a motor vehicle v. bicycle incident in which Plaintiff George was allegedly thrown to the pavement after colliding with Plaintiff's vehicle, whereupon he suffered multiple traumatic injuries. At this time, Defendant moves for an order compelling Plaintiff George to appear for a mental examination. Any opposition was due on or before August 1, 2023. No opposition was filed...

Excerpt: ...nst Leila Dvalishvili (“Defendant”) for injuries arising from a motor vehicle incident. At this time, Defendant moves for terminating sanctions to dismiss Plaintiff's action due to Plaintiff's failure to comply with the Court's April 13, 2023 order compelling responses to Defendant's set one of form interrogatories, special interrogatories, and request for production of documents (“RPDs”), within twenty days of the hearing. Plaintiff is i...

Excerpt: ...dants Dollar Tree Stores, Inc, Park Aliso Commercial Center, LTD, Watt Properties, Inc. and City of Mission Viejo for injuries related to Plaintiff allegedly stepping on a water meter box lid and her foot going through the lid and into the box. On September 4, 2019, Dollar Tree Stores, Inc. filed a cross-complaint for express indemnification, equitable indemnification, equitable contribution, and declaratory relief against Roes 1-24. In December ...

Excerpt: ...ing and Jose F Escobar Martinez for damages arising out of an automobile accident. At this time, Defendants move to compel Plaintiff to appear for a physical examination with Defendants' expert, Paul Kaloostian, M.D., neurosurgeon, to take place at 42283 10th Street West, Suite 107, Lancaster, CA 93534, on a date and time certain within 30 days of the Order of this Court. Defendants also request sanctions. Plaintiff opposes the motion and also re...

Excerpt: ... North America Inc. (“BP Products”) and Tesoro Refining & Marketing Company LLC (“Tesoro”) (collectively, “Defendants”) propounded set one of form interrogatories, special interrogatories, and request for production of documents (“RPDs”) on Plaintiff Gerardo Rodriguez-Huerta (“Plaintiff”) on August 9, 2022 via U.S. mail. Plaintiff's responses were due on or before September 15, 2022. On November 21, 2022, defense counsel maile...

Excerpt: ...sidential LP (“Defendant”) for damages arising out of fall when Plaintiff's foot fell into a hole. Defendant noticed a physical examination of Plaintiff five times, setting the examinations for October 19, 2021, January 31, 2022, March 29, 2022, August 16, 2022, and most recently January 6, 2023. Plaintiff did not appear for any of the examinations. At this time, Defendant moves to compel Plaintiff's physical examination. Defendant also seeks...

Excerpt: ... (“Defendants”) filed this motion to authorize the remote deposition of Defendants' non- retained expert Randy Scott Rosen, M.D. (“Dr. Rosen”) who is presently confined in state prison at California Department of Corrections and Rehabilitation, Sugar Pine Conservation Camp #9 (“Sugar Pine”), or in the alternative authority to depose Dr. Rosen at Sugar Pine with a court reporter. Defendants request the deposition of Dr. Rosen to take p...

Excerpt: ...dant”), initially set to be heard on July 21, 2023. Defendant filed an opposition, and Plaintiff filed a reply. The Court previously reviewed the papers and noted that the parties agreed to and set Defendant's deposition for July 26, 2023. (Min. Order July 21, 2023.) Accordingly, the Court briefly continued this motion to August 3, 2023, and ordered Plaintiff to notify the Court at least five (5) court days prior to the rescheduled hearing date...

Excerpt: ...ent and Royal Dutch Shell PKC for injuries Plaintiff sustained after falling at Defendant's property located at 2477 Lomita Blvd., Lomita, CA 90717, because of an alleged dangerous condition. Plaintiff alleges that on August 15, 2021, as she was walking near gasoline pump, “she stepped on an unknown substance on the floor causing her to slip and fall,” which caused her injury. (Complaint p. 4, 5.) The operative complaint alleges causes of act...

Excerpt: ...Van Tran and Tymond Tran for damages arising from a motor vehicle accident. Plaintiff alleges Dung Van Tran negligently rear-ended Defendants' vehicle into Plaintiff's vehicle. Defendants Dung Van Tran and Tymond Tran (collectively, the “Trans”) filed a cross-complaint against Uber Technologies, Inc. (“Uber") and Portier, LLC (collectively, the “Uber Defendants”) asserting claims for equitable indemnity, contribution and apportionment o...

Excerpt: ...gatories, special interrogatories, and request for admissions (“RFAs”) on Antionette Williams (“Plaintiff”) on October 10, 2022. The responses were due on or before November 22, 2022. To date, despite an attempt to meet and confer regarding the lack of responses and request for responses without objections no later than November 30, 2022, Plaintiff has not served responses. Defendant therefore seeks an order compelling Plaintiff to respon...

Excerpt: ..., County of Los Angeles, California Department of Transportation for damages relating to injuries Plaintiff sustained on January 20,2021 when “all of a sudden the wheel of Plaintiff's bicycle struck an uneven and/or raised and/or broken and/or deteriorating sidewalk and/or walkway” which caused Plaintiff to fall. (Compl. ¶ 5.) The operative complaint alleges a single cause of action premises liability against defendants pursuant to Governmen...

Excerpt: ...iranda (“Julie”), and Does 1-25 for damages arising from an automobile incident. Trial is currently set for March 6, 2024. At this time, Plaintiff moves to amend the Complaint to add Rachel Anne Miranda, the driver of the vehicle who impacted Plaintiff's vehicle, as a defendant in the action. Defendant Julie opposes the motion. 2. Motion for Leave to File First Amended Complaint CCP § 473(a)(1) provides, in relevant part: “The court may, i...

Excerpt: ...r damages arising out of a trip and fall on a sidewalk.¿The current trial date is September 18, 2023. On February 3, 2022, Plaintiff filed a First Amended Complaint (“FAC”) adding Jilk Heavy Construction Inc. as a defendant. On November 14, 2022, Plaintiff dismissed the County of Los Angeles. Defendants City of Los Angeles and Jilk Heavy Construction Inc. (“Defendants”) now move to briefly continue the current trial date by six months so...

Excerpt: ...ena Meloyan's (“Plaintiff”) deposition. Defendant noticed Plaintiff's deposition for Fe bruary 24, 2023 and most recently on June 7, 2023. Defense counsel avers that both depositions did not move forward because Plaintiff's counsel advised that they had calendar conflicts. (Mot. Decl. Macksoud, ¶ 8.) Defense counsel declares they attempted to meet and confer with Plaintiff's counsel multiple times, and that Plaintiff's counsel stated they wo...

Excerpt: ...pez (“Lopez”) (collectively, “Plaintiffs”) filed this action against Defendants Lyft, Inc. (“Lyft”), Barrett Jeffers, and Jane Doe for damages arising from a motor vehicle accident that occurred on or about June 25, 2021. At this time, Lyft moves to compel arbitration and stay the action. Any opposition was due on or before July 18, 2023. To date, no opposition has been filed. Lyft provides that Plaintiffs used the Lyft application pl...

Excerpt: ...e, Inc. dba Dreier's Nursing Center, erroneously sued as Dreir's Nursing Care Center, (“Defendant”) for general negligence 1. The complaint alleges that on May 11, 2019, Plaintiff was injured in Defendant's facility when Defendant's employee negligently and carelessly operated the wheelchair in the hallway, which struck an uplift in the flooring and catapulted Plaintiff from his wheelchair. Defendant now moves for summary judgment. Any opposi...

Excerpt: ...�) for injuries Plaintiff sustained on May 29, 2019 from slipping and falling on a slippery substance present on the common area floor. The complaint alleges causes of action for negligence and premises liability against Defendant. Defendant now moves for summary judgment. Plaintiff opposes the motion. 2. Motion for Summary Judgment a. Moving Argument Defendant argues it is entitled to summary judgment because Plaintiff does not contend that the ...

Excerpt: ...ormer employee and Person Most Qualified (“PMQ”) deposition. Plaintiff asserts that Andrew Fierro (“Mr. Fierro”) is Defendant's former employee and designated PMQ. On February 20, 2023, Plaintiff served a notice of deposition on Mr. Fierro via a registered process server for the deposition to take place on March 7, 2023. Plaintiff's counsel avers that on March 6, 2023, defense counsel stated they spoke to Mr. Fierro, who claimed to have n...

Excerpt: ...nforce discovery, and to establish jurisdiction, over this Uninsured/Underinsured (“UM/UIM”) Motorist Arbitration claim pursuant to Insurance Code Section 11580.2 against Respondent Jocelyn Howell (“Respondent”). Petitioner alleges that it issued an automobile insurance policy to Respondent which included UM/UIM motorist coverage. Petitioner alleges that Respondent made a claim for UM/UIM motorist arbitration arising out of a motor vehicl...

Excerpt: ...ainst Defendants the City of Rancho Palos Verdes, et. al for injuries Plaintiff sustained in an automobile incident. Trial is currently set for October 5, 2023. Defendant Rancho Palos Verdes (“Defendant”) now moves to the Court to specially set the hearing date on its motion for summary judgment (MSJ) and to continue the trial date to April 2, 2024, or alternatively to keep the current MSJ date reserved for July 3, 2024 and continue the trial...

Excerpt: ...adco LA, LLC (“Stadco”), Chargers Football Company, LLC, Chargers Football Company, and Contemporary Services Corporation for damages arising from a trip and fall at a stadium. On February 10, 2023, Plaintiff filed this instant motion for an order compelling further responses to special interrogatories, set one. On April 11, 2023, the Court, on its own motion, continued the hearing to provide the parties an opportunity to participate in an In...

Excerpt: ... Wilder Jackson and County of Los Angeles, erroneously sued separately as County of Los Angeles Sheriff's Department, for damages arising out of a motor vehicle accident. Plaintiffs now move for sanctions against Defendant County of Los Angeles (“Defendant”) pursuant to CCP § 128.5 for Defendant's filing of two motions to compel Plaintiffs' responses to Requests for Statement of Damages. Defendant opposes the motion, and Plaintiffs filed a r...

Excerpt: ...m a motor vehicle incident that occurred on or about May 26, 2019 on the I-5 Freeway in Pacoima, California. On August 12, 2022, Defendants/Cross-Complainants Fook Choon Lee and PV Holding Corp. filed a cross-complaint against Defendants/Cross-Defendants Henry Muyomba, the Estate of Henry Muyomba, Susan Tamale Nantongo, and ROES 1 to 20. On May 11, 2022, the Court granted the request of Plaintiffs' counsel Kyle Valero to be relieved as counsel fo...

Excerpt: ...s action against Defendants, Scorpion Management, LLC, The Paja Group, LLC, Meridian Restaurant Group, LLC, Meridian Entertainment Group, Maddox Pace Clinkscales, Rajiv Fernando, Kathia Molina, Joshua Woodward, Johnathan Chu, and Nervon Whittingham for damages arising from an alleged assault and battery between a bar manager and patron at a bar. On March 9, 2020, Plaintiff filed four Amendments to Complaint naming Miranda Acquisitions, LLC as Doe...

Excerpt: ...ati, Elton Ehsan Rahmany (“Rahmany”), Sebastian Raz, and Turo, Inc. for damages arising from a motor vehicle accident. On February 3, 2022, Plaintiffs filed proof of service of the summons and complaint showing substitute service on Rahmany showing the documents were left with California Department of Motor Vehicles (“DMV”) employee Juan Jarrett. At this time, specially appearing Rahmany moves to quash service of the summons and complaint...

Excerpt: ...�) 1, and the City of Santa Monica (the “City”) for damages arising from a motor vehicle vs. pedestrian accident. Plaintiff alleges that on July 23, 2021, Lily was operating a motor vehicle owned by Dylan, with Dylan's permission, and struck Plaintiff while Plaintiff was crossing the street in a marked crosswalk. Plaintiff alleges the City failed to maintain the crosswalk and created a dangerous condition of public property. Defendant Lily pr...

Excerpt: ... Vincent Davis (“Defendant”) for damages arising from a motor vehicle incident which occurred on March 3, 2017. Defendant filed an Answer to Plaintiff's Complaint on February 28, 2022. At this time, Defendant moves to dismiss Plaintiff's Complaint for delay in service of the summons and complaint and failure to prosecute. Plaintiff opposes the motion, and Defendant filed a response. 2. Motion to Dismiss for Failure to Prosecute A. Service of ...

Excerpt: ... Uber Technologies, Inc. (“Uber”), Raiser-CA, LLC, and Rasier, LLC for damages arising from a motor vehicle accident on June 5, 2022. The complaint alleges Plaintiff was a passenger in Can's vehicle when Can made a left turn and collided with Juan Ricardo Barrows. At the time of the accident, Can was allegedly acting as an agent for Uber. At this time, Defendants Uber Technologies, Inc., Raiser-CA, LLC, and Rasier, LLC (collectively, “Defen...

Excerpt: ... City of Los Angeles, County of Los Angeles, and State of California for damages arising from a motor vehicle accident. The Second Amended Complaint (“SAC”) alleges causes of action for motor vehicle and general negligence and premises liability. The SAC and includes a prayer for punitive damages. Defendants Oganes Abdunaryan and Lilit Shadarevian (“Defendants”) now move to strike the claim for punitive damages and exemplary damages from ...

Excerpt: ... Discipleship (“New Beginnings”), GM Service & Management, and Does 1 to 25 for injuries Plaintiff sustained after falling from the second story of the premises located at 1165 W. 39th Place, Los Angeles, CA 90037. At this time, Plaintiff moves for terminating sanctions against New Beginnings for disobeying the Court's September 2, 2022 order compelling New Beginnings to serve verified responses to Plaintiff's set one of form interrogatories,...

Excerpt: ...Anne Miranda (“Defendants”) for damages arising from an automobile incident. Trial is currently set for March 6, 2024. At this time, Plaintiff moves to amend the Complaint to add Rachel Anne Miranda, the driver of the vehicle who impacted Plaintiff's vehicle, as a defendant in the action. 2. Motion for Leave to File First Amended Complaint CCP § 473(a)(1) provides, in relevant part: “The court may, in furtherance of justice, and on any ter...

Excerpt: ...a Castillo (“Plaintiffs”) filed this action against defendants Charter Communications, Inc., CCO SoCal Vehicles, LLC, Jacob Robles, (collectively, “Defendants”), Tanneka Smith, and Leon Payne Jr. for damages arising from a motor vehicle vs. motorcycle accident.¿ Defendants now move for an order compelling Plaintiff to appear for a mental examination with the Defendants' retained expert, Ari Kalechstein, Ph.D. (“Dr. Kalechstein”). Fur...

Excerpt: ...ores, Inc., (“Defendant”) for injuries Plaintiff sustained when she struck her forehead on a metal pole in Defendant's store. At this time, Plaintiff moves for a protective order to require Plaintiff's deposition testimony to be taken by written, instead of oral, examination. Defendant opposes the motion. Plaintiff provides that on May 24, 2023, defense counsel took the deposition of Plaintiff and that, during the deposition, defense counsel ...

Excerpt: ...ing Manufacturing Co., Inc. (“Defendant”) for damages arising from Plaintiff's employment with Defendant when Plaintiff was operating a power press. On December 15, 2022, Plaintiff's motions to compel responses to form interrogatories, set one, and special interrogatories, set one, and request for production of documents (“RPDs”), set one, against Defendant were granted; the motion to compel responses to request for admissions (“RFAs”...

Excerpt: ...ies arising from an automobile incident. Plaintiff alleges that, on August 21, 2021, while under the influence, Defendant operated a motor vehicle and collided with Plaintiff's automobile. The Complaint alleges a single cause of action for negligence. The Complaint includes a prayer for punitive damages. Defendant moves to strike:  Page 4, line 17-18, number 5 as follows: “Awarding plaintiff attorneys fees”;  Page 4, line 18-19, number ...

Excerpt: ..., and Candler Trucking (“Defendants”) for damages arising from a motor vehicle accident. Defendants now move to continue the current trial date of September 19, 2023 to February 21, 2024, so that their motion for summary judgment (currently reserved for November 27, 2023) may be heard prior to trial. Plaintiff filed an opposition to the motion, and Defendants filed a reply. Although continuances of trials are disfavored, each request for a co...

Excerpt: ...ate of Paul Dewitt (“Plaintiff”) seeks an order consolidating this action, 21STCV21571, with 22STCV27702, contending the two actions are related on issues of causation and damages arising from allegations of assault on September 6, 2019. The two cases have been deemed related and are pending in this Department. (Min. Order, Jan. 12, 2023.) The Court notes that 21STCV21571 is the lead case. (Ibid.) Plaintiff filed this motion under 22STCV27702...

Excerpt: ...ts Immaculate Conception Catholic Church and The Roman Catholic Archbishop of Los Angeles, erroneously sued as the Archdiocese of Los Angeles, (“Defendants”) for damages relating to Plaintiff's slip and fall “on an unknown liquid substance” while on Defendants' property. (Compl. p. 4.) The Complaint alleges a single cause of action for premises liability. Defendants now move for summary judgment as to Plaintiff's Complaint. Plaintiff oppo...

Excerpt: ...arms (“Defendant”). Plaintiff alleges negligence and premises liability against Defendant for an incident in which Plaintiff slipped and fell in a puddle of water while in Defendant's store. On February 1, 2023, this Court granted leave to allow Plaintiff to amend the Complaint to add a request for punitive damages. On February 7, 2023, Plaintiff filed a First Amended Complaint containing prayers for punitive damages. On April 17, 2023, the C...

Excerpt: ...laintiff, Gael Jordan Fuentes, a minor and through his Guardian ad Litem, Mirian Ortiz (“Plaintiff”) filed this action against Defendant, City of Burbank (“Defendant”), alleging that on or about May 14, 2020, Plaintiff was sitting at the park's bench when a tree broke and fell on him. The Complaint asserts two causes of action, both labelled as “negligence.” Defendant now demurs to the complaint. Any opposition to the motion was due o...

Excerpt: ...ing out of slip and fall accident. At this time, Defendant moves to compel Plaintiff to appear for a physical examination with Defendant's orthopedic expert, Thomas Grogan, M.D. (“Dr. Grogan”), to take place 11704 Wilshire Blvd., Suite 11710, Los Angeles, CA 90025. Plaintiff opposes the motion, and Defendant filed a reply. Since the filing of this motion, Plaintiff's physical examination with Dr. Grogan had been completed as of June 2, 2023. ...

Excerpt: ... arising from a trip and fall over a “chock” wheel located on Defendant's premises. Plaintiff, at this time, moves to compel the deposition of non-party Aaron Stone (“Stone”). As of June 30, 2023, no opposition has been filed. Plaintiff asserts she served Stone with a valid deposition subpoena that required Stone to appear for his deposition on December 7, 2022, but Stone did not appear or otherwise object to the subpoena. 2. Motion to Co...