Excerpt: ...(“Defendant”) moves to compel Plaintiff Zhao Sheng Yuan Monsanto's guardian ad litem Diana Monsanto's (“Monsanto”) in-person deposition at the office of defense counsel located in Los Angeles. Defendant asserts that on February 9, 2023, Defendant noticed Monsanto's deposition for February 28, 2023. Monsanto did not object to the noticed deposition and did not appear for her deposition. Defendant took a Certificate of Non- Appearance. Coun...

Excerpt: ...��VCA”), erroneously sued herein as VCA West Los Angeles Animal Hospital, and Selena Inouye (“Inouye”) for damages relating to a dog bite incident.¿Plaintiff brings two causes of action for negligence and for strict liability. More specifically, Plaintiff owned a dog named Wilson. Plaintiff and his dog were at VCA's reception desk when a VCA staff member led another leashed dog, Theodor, back to its owner, Inouye. While passing by, Plainti...

Excerpt: ...nter Concepts Inc. d/b/a Superior Grocers (“Defendant”) for damages relating to Plaintiff's slip and fall on Defendant's property. Defendant moves the Court for an order compelling Plaintiff to provide further responses to the following discovery request: Request for Production of Documents (“RPD”), Set No. 1:  Propounded: September 12, 2022  Responded: April 17, 2023  Motion Filed: June 5, 2023 Defendant requests full and comple...

Excerpt: ...ed this action against Defendants Tanner John Haynes (“Tanner”), Alan Douglas Haynes (“Alan”), and Does 1 to 50 for injuries arising from a motor vehicle accident that occurred on January 17, 2020. On August 23, 2021, Defendants/Cross-Defendants Tanner and Alan filed a Cross-Complaint against Cross-Defendant Hamazasb Aghajaniani (“Aghajaniani”). On June 20, 2023, Plaintiff filed an Amendment to Complaint naming Cross-Defendant Aghajan...

Excerpt: ... Los Angeles, and California Department of Transportation for premises liability relating to a trip and fall over a protruding metal pole on the sidewalk. At this time, Defendant City of Pico Rivera (“Defendant”) moves for summary judgment. Plaintiff opposes the motion, and Defendant filed a reply. 2. Motion for Summary Judgment a. Moving Argument Defendant argues it is entitled to summary judgment because Plaintiff failed to comply with the ...

Excerpt: ...ntis (“Plaintiff”) filed a First Amended Complaint (“FAC”) against Defendant Michelle Proyect (“Defendant”) for damages arising from Plaintiff's left foot slipping between the space of concrete pavers in Defendant's backyard. Plaintiff alleges that on December 2, 2020, Plaintiff went to Defendant's residence for a Somato Therapy session, which involved a massage/therapy table set-up in the part of Defendant's backyard with cement pave...

Excerpt: ... 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 of f...

Excerpt: ...stoph Martin Schuenke (“Defendants”) for damages arising out of a motor vehicle accident.¿The current trial date is September 13, 2023. Defendants now move to continue the current trial date so that Defendants' motion to compel Plaintiff's second examination, set for November 9, 2023, may be heard. The motion is unopposed. Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. (CR...

Excerpt: ...aintiff noticed Defendant's deposition for December 2, 2022, January 3, 2023, and most recently on January 31, 2023. Plaintiff's counsel avers attempting to meet and confer by requesting alternative deposition dates, and that defense counsel stated its inability to contact Defendant for his deposition for months. (Mot. Decl. Peabody, ¶ 11.) Plaintiff contends that defense counsel's inability to contact Defendant is not substantial justification ...

Excerpt: ...this action against Defendant, Jack Swank (“Defendant”) for damages arising from a motor vehicle accident. Defendant now moves the Court for an order deeming Requests for Admissions (“RFAs”), set two, admitted or in the alternative compelling further responses to RFAs and imposition of sanctions. In opposition, Plaintiff avers that Defendant Jack Swank is deceased, and that counsel for Defendant has no authority to propound discovery or b...

Excerpt: ...or injuries relating to Plaintiff's trip and fall on stairs located at Defendant's restaurant.¿ The complaint alleges causes of action for negligence and premises liability. Plaintiff alleges that, while a customer on Defendant's premises, she fell down the steps because Defendant (1) caused or permitted dangerous stairs to be present in the restaurant, (2) failed to inspect the stairs for such hazards or to make such stairs safe, (3) had insuff...

Excerpt: ...ies relating to Plaintiff's trip and fall in Defendant's restaurant.¿ Plaintiff alleges she tripped and fell on a curled-up carpet as she was exiting the restaurant.¿Trial is currently set for November 7, 2023. At this time, Defendant moves for a protective order quashing Plaintiff's demand for exchange of expert witnesses served on March 14, 2023. Defendant opposes the motion. Plaintiff filed a reply. Defendant provides that this action was pr...

Excerpt: ...s action against Defendant Super Center Concepts, Inc. d/b/a Superior Grocers (“Defendant”) alleging a cause of action for premises liability. The complaint bears no allegations. The complaint references allegations of “Prem.L-1 through Prem.L-5” without the referenced attachment. (Compl. at p. 3.) Trial is currently set for November 22, 2023. At this time, Plaintiff seeks leave to file a First Amended Complaint (“FAC”) to add a new c...

Excerpt: ...ts Bar and Grill, LLC, Tyrei Lacy, Sylvia Lacy, 5600 Gateway Center, LLC, H.B.D. Incorporated, Burger King Corporation for damages relating to an incident where Plaintiff alleges a security guard working for defendants pulled a gun and shot Plaintiff outside of a bar. The operative First Amended Complaint (“FAC”) alleges causes of action for (1) negligence, (2) negligent hiring, training, supervision, (3) assault & battery, and (4) premises l...

Excerpt: ...lewood and Doty Bros. Equipment Co. (“Doty”) for damages arising from a trip and fall on the sidewalk. Plaintiff, at this time, seeks to quash three deposition subpoenas issued by Defendant Doty to T- Kaiser Permanente; Good Neighbor Clinic; United Medical Imaging; International Pain Management; Lavi Spine & Orthopaedic Medical; Precise Imaging; Weststar Physical Therapy; Neurology Now, Inc.; Westchester Advanced Imaging; Samimi Orthopedic Gr...

Excerpt: ...Chen (“Defendant”) for damages arising from a motor vehicle accident. Defendant now moves to reopen discovery for the purpose of allowing Defendant to depose witnesses, conduct an IME of Plaintiff, designate expert witnesses, and obtain relevant medical records. Plaintiff does not oppose this motion. Any opposition should have been received by June 15, 2023. On September 8, 2022, the Court continued the initial trial date of September 22, 202...

Excerpt: ...ndant Linda Rivero (“Defendant”) for damages arising from a motor vehicle accident. At this time, Defendant moves to compel Plaintiff's deposition. The motion is unopposed. 2. Motion to Compel Deposition 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 organization that is a party under Section 2025.230,...

Excerpt: ...fendants Delano Investors, LLC and Pacific Real Estate and Management, Inc. (collectively, “Defendants”), et al. for damages relating to Plaintiff's slip and fall allegedly caused by an “improperly repaired ceiling” that filled the floor of the subject property with water.¿ Defendants now move for terminating sanctions against Plaintiff dismissing Plaintiff's claims because of Plaintiff's misuse of the discovery process by failing to ser...

Excerpt: ...n as Trustee of The Ahn Family Trust, Grace Anh as Trustee of The Ahn Family Trust, and PMD &Company (“Defendants”) alleging causes of action for negligence and premises liability. The complaint alleges Defendant caused Plaintiff to fall due to inadequate lighting at or near the staircase and/or stairwell, and that the area was poorly lit and that the steps were unmarked. Defendants now move for summary judgment. Plaintiff opposes the motion,...

Excerpt: ...mages relating to a motor vehicle accident that occurred on December 10, 2021. The complaint alleges causes of action for motor vehicle and general negligence. On June 21, 2023, Plaintiff filed an amendment to the complaint naming Adrianna Caledron as Doe 1. Defendant now demurs to the complaint arguing the complaint fails to state a cause of action because the complaint merely alleges conclusory allegations without any material facts, and becaus...

Excerpt: ...sing from a motor vehicle accident. On March 22, 2023, the Court granted Plaintiff's motion for an order to deem Plaintiff's Request for Admissions (“RFAs”) admitted and imposed monetary sanctions. (Min. Order, March 22, 2023.) Plaintiff now moves to compel compliance with the Court's March 22, 2023 order, and requests the Court issue additional evidentiary and monetary sanctions. In the alternative, Plaintiff also requests the Court issue an...

Excerpt: ...efendant”) for damages Plaintiff sustained when he was riding his bicycle and encountered an alleged dangerous condition of public property. Plaintiff alleges that “as Plaintiff was riding his bicycle on the Subject Street, at the Subject Location, the tire(s) of the Plaintiff's bicycle fell into, got caught by, got stuck in, was affected by and/or became wedged in the Subject Fissures/Gaps/Cracks, causing Plaintiff to fly off of his bicycle ...

Excerpt: ... Imelda Alexandra Lux Joj, and Erick Francisco Ottoniel Lux Joj, minor, by and through his Guardian Ad Litem, Juana Joj Chacaj, as successors-in-interest to Francisco Lux Chacaj (“decedent”) (collectively, “Plaintiffs”) filed this action against defendant Tyler Pringle (“Defendant”) for damages arising out of a motor vehicle accident. The complaint alleges Defendant operated a motor vehicle and caused the subject collision, thereby ca...

Excerpt: ...d are pending in Dept. 31, with 21STCV35287 as the lead case. (Min. Order, Nov. 23, 2022.) Defendants Irakli Beruashvili (“Irakli”) and Faridun Khamrokulov (“Faridun”) move to consolidate the two actions. Defendants Irakli and Faridun filed a notice of non-opposition on June 13, 2023. Defendants Irakli and Faridun properly filed a copy of the notice of motion in each case sought to be consolidated.¿ (Cal. Rules of Court, rule 3.350(a)(1)...

Excerpt: ...fendant, Shirley Marie Desy (“Defendant”) for injuries Plaintiff allegedly sustained in pedestrian v. automobile accident. Defendant moves the Court for an order compelling Plaintiff to provide further responses to the following discovery requests: Request for Production of Documents (“RPD”), Set No. 1:  Propounded: November 14, 2022  Responded: February 1, 2023  Motion Filed: June 5, 2023 Special Interrogatories, Set No. 1  P...

Excerpt: ...gainst Defendant, Los Angeles County Metropolitan Transportation Authority (“Defendant”) for injuries related to a bus, in which she was injured after the bus suddenly braked. On April 17, 2023, Plaintiff served Defendant her Exchange of Expert Witnesses naming 72 non-retained experts. On April 28, 2023, Defendant filed the instant motion for a protective order. No opposition was filed. 1. Legal Standard Under Code of Civil Procedure section ...

Excerpt: ...Plaintiff has noticed Defendant's deposition on November 18, 2022. Defendant is also a licensed attorney, and filed an Answer in Pro Per. 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 organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails...

Excerpt: ...f”), filed this action against Defendant, Dev Tailor (“Defendant”) for injuries related to an automobile accident. At this time, Defendant moves for terminating sanctions against Plaintiff. No opposition was filed. The Court notes that Plaintiff is currently in pro per, as Plaintiff's former counsel was relieved on January 10, 2023, with the proof of service on February 22, 2023. Defendant asserts that Plaintiff has failed to appear for his...

Excerpt: ...ugh his guardian ad litem, Carmen Dominguez (“Plaintiff”) filed this action against Defendants Los Angeles Unified School District (“Defendant”), Mariela Chavira, Leonor Martinez-Ramirez, and Does 1 through 10, inclusive, alleging negligence, dangerous condition of public property, and intentional infliction of emotional distress. Plaintiff alleges that on May 19, 2022, a large piece of the ceiling fell from directly above Plaintiff and s...

Excerpt: ...��Martin”), Gaio Trucking, Inc., (“Gaio”) and Lexmar Distribution, Inc. (“Lexmar”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. At this time, Plaintiff moves to compel Defendant Martin's deposition. Defendant opposes the motion, and Plaintiff filed a reply. 2. Motion to Compel Deposition CCP § 2025.450(a) provides, “If, after service of a deposition notice, a party to the action or an officer, d...

Excerpt: ... Toyota Motor Sales, U.S.A., Inc., Toyota Motor Corporation, Does 1-9, Autoliv Inc. Autoliv ASP Inc., Autoliv Safety Technology, Inc., Doe Airbag Manufacturers and/or Distributers 10-19, Richard Ryan Sotillo Baes (“Baes”), and Does 20-100 for damages arising from a motor vehicle accident and the wrongful death of Decedent Paula Bianca Udiong (“Decedent”). Decedent and Ancheta were passengers in a vehicle being driven by Baes in a negligen...

Excerpt: ... Litem Jesse Ronald Carrasco, and Jazelle Dimas (“Dimas”) filed this action against Defendants Positive Investments, Inc., PI Properties, LLC, (collectively, the “PI Defendants”) and Becky Radgowski in connection with a dog bite incident on December 17, 2019, alleging causes of action for strict liability for dog bite, premises liability, general negligence, and negligent infliction of emotional distress. On April 13, 2023, an Informal Di...

Excerpt: ...arising from an automobile incident (Case No. 22STCV28682). Plaintiff Jesse See (“Plaintiff”) filed a related action arising from the same automobile incident (Case No. 22LBCV00745). On March 1, 2023, the Court consolidated the two actions. Defendant's motion to strike pertains to Plaintiff See's operative Complaint. Plaintiff See's operative Complaint alleges that, on November 5, 2021, Defendant drove a 2019 Dodge Challenger and raced agains...

Excerpt: ...alty, LLC (“Group Realty”) and Star Parking Management (“Star Parking”) for damages arising out of a falling gate. On January 5, 2022, Plaintiffs filed an Amendment to the Complaint naming Maria V. Montgomery, individually, and as Trustee of the MVM Evergreen Trust, dated March 19, 2016, Montgomery Management Company, Francis J. Montgomery, individually and as Trustee of the Francis J. Montgomery Living Trust, dated November 24, 1993, and...

Excerpt: ...) and Aaliyah Poole (“Poole”), a minor by and through her Guardian ad Litem Shaun Poole, (collectively “Plaintiffs”) filed this action against Defendant City of Santa Clarita (“City”) in connection with an incident involving a swing at a park on approximately May 14, 2021. Plaintiffs filed the operative First Amended Complaint (“FAC”) on November 5, 2021, alleging their sole cause of action for dangerous condition of public proper...

Excerpt: ...��) filed this action against defendants Manuel Hernandez (“Hernandez”), Shatha Alhazmi, and Does 1-50 for damages arising from a motor vehicle accident that allegedly occurred on or about April 3, 2018. The complaint alleges a single cause of action for negligence against all defendants. Hernandez filed his answer to the complaint on April 27, 2022. Plaintiff filed amendments to complaint naming Uber Technologies, Raiser LLC, and Raiser-CA L...

Excerpt: ...fendant, Diane Inha Lee (“Defendant”) for injuries Plaintiff allegedly sustained on April 12, 2021, in a bicycle v. automobile incident. Defendant moves the Court for an order compelling Plaintiff to provide further responses to the following discovery requests: Request for Production of Documents (“RPD”), Set No. 2:  Propounded: October 18, 2022  Responded: December 5, 2022  Motion Filed: April 5, 2023 Special Interrogatories, S...

Excerpt: ...�) deposition. Plaintiffs assert they noticed Defendant's deposition four times for September 8, 2022, October 7, 2022, October 18, 2022, and November 21, 2022. The September 8, 2022 noticed deposition was served directly on Defendant Barela, and not Defendant's counsel. On September 6, 2022, Defendant's counsel informed Plaintiffs' counsel of their unavailability, and provided future dates in October 2022. Plaintiffs noticed the new deposition d...

Excerpt: ...fendant, Diane Inha Lee (“Defendant”) for injuries Plaintiff allegedly sustained on April 12, 2021, in a bicycle v. automobile incident. On February 14, 2023, Plaintiff did not participate in an Informal Discovery Conference (“IDC”). As there was no appearance or contact by Plaintiff and the issues remained unresolved, the IDC requirement for Defendant to bring her motion to compel further was met. (Min. Order, February 14, 2023.) On Apri...

Excerpt: ...and Stephen R Dixon Trust (collectively, “Defendants”) alleging negligence based on premises liability. The complaint alleges that while Plaintiff was on defendants' premises to repair the air conditioning located on the roof, the door hatch slammed shut onto his head and body as he walked down the ladder from the roof. Defendants move for summary judgment. Plaintiff opposes the motion. Defendants replied. On April 5, 2023, the Court continue...

Excerpt: ... against Defendants, Jose V. Quintanilla (“Quintanilla”) and AM Solutions Transport LLC (“AM Solutions”) (collectively, “Defendants”) for damages arising from an automobile incident. The instant Motion to Compel Further Responses to Requests for Admission, Set One, and the instant Motion to Compel Further Responses to Requests for Production of Documents, Set One as to AM Solutions were both filed on March 8, 2023. Although defense co...

Excerpt: ...o”) for damages arising from a motor vehicle accident that occurred on or about June 4, 2021. On August 3, 2022, Plaintiff filed an Amendment to Complaint naming Jasmine Wong Yumori as Doe 1. At this time, Lyft moves to compel arbitration and stay the action. This matter was originally set for hearing for March 10, 2023, but was continued to April 10, 2023 pursuant to Plaintiff's ex parte application to continue the hearing date. (Min. Order, M...

Excerpt: ...eal Estate Properties, LLC (“Defendant”) for injuries Plaintiff sustained due to an alleged unsafe condition on Defendant's property. Plaintiff alleges she was injured on or about January 10, 2018. The complaint alleges causes of action for general negligence and premises liability against Defendant. Defendant moves for judgment on the pleadings as to Plaintiff's complaint. Plaintiff opposes the motion, and Defendant filed a reply. At the May...

Excerpt: ...y”) and County of Los Angeles (the “County”) (collectively, “Defendants”) for damages arising out of a trip and fall over a sidewalk that occurred on February 4, 2022. The complaint alleges a single cause of action for dangerous condition of public property pursuant to Government Code § 835. The City at this time, moves for judgment on the pleadings. Plaintiff opposes the motion. 2. Evidentiary Objections Plaintiff's objections to the ...

Excerpt: ... (“Heitmann”), Aaron Jude Pina (“Pina”), and Does 1 to 10 for damages arising from two motor vehicle accidents that occurred one day apart. The complaint alleges damages arising from a motor vehicle accident on February 22, 2019. On April 5, 2023, Defendant Pina filed a Notice of Settlement providing Pina entered into a settlement agreement with Plaintiff, whereby Pina, through his insurer, agreed to pay $25,000.00 to Plaintiff (his insur...

Excerpt: ...st Defendants Helena Chemical Company, Billy Joe Deavours (“Deavours”), and Does 1 to 30 for damages arising from a motor vehicle accident that occurred on October 21, 2019 on State Route 65 in Tulare County. Plaintiffs assert causes of action for negligence and negligent hiring/supervision. Defendant Deavours now moves for an order transferring this action to Tulare County on the grounds that Los Angeles County is an improper venue pursuant ...

Excerpt: ...nable Attorney's Fees in the Amount of $2,756.65 Dept. 31 1:30 p.m. June 7, 2023 1. Background This action was filed by Shakela Murphy (“Plaintiff”) on January 8, 2021 after Plaintiff tripped and fell on a sidewalk Plaintiff alleges was uneven and negligently maintained. A First Amended Complaint (“FAC”) followed on February 3, 2022 that named the City of Los Angeles, the County of Los Angeles, and Jilk Heavy Construction, Inc. (collectiv...

Excerpt: ...ty”), County of Los Angeles (“the County”), and In-N-Out Burgers (“In-N-Out”) (collectively, “Defendants”) for damages arising from falling off a scooter after riding her scooter over an unknown substance. The Complaint alleges that Defendants negligently maintained the premises such that an unknown substance was allowed to exist and/or accumulate, thereby causing the area to be slippery. The Complaint alleges claims for premises li...

Excerpt: ...iella Martin, (collectively, “Plaintiffs”) filed this action against Defendants Ernesto Santana (“Santana”), Infinity Insurance Company (“Infinity”), and Kemper Auto Insurance, erroneously sued as Kemper Auto (“Kemper”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. The complaint alleges cause of actions of action for motor vehicle and general negligence. Defendants Infinity and Kemper now demu...

Excerpt: ...Background Plaintiff, Ron York (“Plaintiff”) filed this action against Defendants, Julio Sanipatin (erroneously sued as Julio Villena) and Hollywood Glass Co., Inc. (collectively, “Defendants”) for damages arising from a motor vehicle accident. At this time, Defendants move to compel Plaintiff's deposition and Plaintiff's experts' depositions. Additionally, Defendants move to compel Plaintiff's physical examination. No oppositions have be...