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, Plaintiff...

Excerpt: ... Los Angeles and County of Los Angeles for injuries Plaintiff sustained after tripping and falling on a sidewalk. On April 7, 2022, Plaintiff dismissed the County of Los Angeles. The City of Los Angeles (“Defendant”) is the only remaining named Defendant. At this time, Plaintiff moves for terminating sanctions and/or monetary sanctions in the amount of $1,461.65 against Defendant for disobeying the Court's March 10, 2023 [sic] order compellin...

Excerpt: ...arson Nicholson (“Plaintiff”), a minor by and through his guardian ad litem, Elizabeth Nicholson, filed a first amended complaint (“FAC”) on March 14, 2023 against Defendant Compton Unified School District (“Defendant”) and does 1 to 20 for injuries Plaintiff sustained while using a swing set at Defendant's school. The FAC alleges three causes of action: (1) breach of statutory duty concerning pupils (violation of education code § 44...

Excerpt: ..., Inc. ("TJX"), Marshall's Department Sores of California, Inc. ("Marshall's"), and TIX Companies, Inc. (MTJXC"). The Complaintis based on injuries that Plaintiff suffered as a result ofa dangerous condition that existed at defendants department Store (the "Store"). On March 20, 2023, Defendants TJX and TJXC (hereinafter "Defendants") filed the instant Demurrer to the Complaint.[l] There is no opposition to the Demurrer. 2. Demurrer A demurrer is...

Excerpt: ...oberto") and Sarah Amici ("Sarah") (collectively, "Defendants") for damages arising out of a motor vehicle accident Plaintiffs move for terminating sanctions agamst Defendants to dismiss Defendants' Answer to Plamtiffs' Complaint be stricken and default entered because of Defendants' misuse of the discovery process by failing to serve responses to form interrogatories (Set Two) and failing to comply with the Courts Februaty 17, 2023 order pertain...

Excerpt: ...nd Does 1-50 alleging wrongful death. Defendant Dignity Health has been dismissed with prejudice. The mother and children of decedent Anthony Paul Newton bring this wrongful death action against defendants. The Complaint alleges that Mr. Newton was a patient of Defendants after being brought to Sherman Oaks Hospital for public intoxication. Thereafter, Defendants gave Mr. Newton a peanut butter and jelly sandwich, which caused him to choke and di...

Excerpt: ...as Brinker International, Inc.) ("Brinker") and Haagen Company, LLC ("Haagen") (collectively, "Defendants") for premises liability. The complaint alleges that Plamtiffwas injured on November 11, 2020 due to Defendants failure to maintam the premises located at 3490 W Century Blvd., Inglewood, CA 90303. On February 15, 2023, Haagen filed a Notice of Settlement providing Haagen entered into a settlement agreement with Plaintiff, whereby Haagen agre...

Excerpt: ...fendants General Wash LLC d/b/a Dapper Dan's Car Wash and General Wash Land I, LLC ("Defendants") for damages arising from a single-vehicle accident Jackson alleges that defendants operate a car wash where exiting vehicles spill soap-like and wax-like liquids onto the public road, and that the accumulation of these substances on the road crated a hazardous condition that caused Jackson's vehicle to lose traction and spin out of control. On June 1...

Excerpt: ... 2019. Plaintiff requested a default judgment against Defendants Luigi Interlandi and Maria Interlandi on September 19, 2019. A default judgment was entered on January 6, 2020. The default judgment was set aside on March 3, 2021. Default was then entered again on October 6, 2021 and a default judgment was requested on December 27, 2021. A defaultjudgmentwas entered on July 5, 2022. The default judgment was set aside on August 25, 2022. 2. Motion ...

Excerpt: ...gligence and Motor Vehicle arising from a vehicle collision in November 2017 _ On April 14, 2022, in case number 22STCV12550, Plaintiff filed a separate action against Defendant Vania Felipe Leon for General Negligence and Motor Vehicle arising from a vehicle collision in May 2020. Plaintiff now brings a motion to consolidate the actions. The motion is unopposed. "When actions involving a common question of law or fact are pending before the cour...

Excerpt: ...minguez ("Dominguez"), and Zion Delivety Service, Inc. ("Zion") for damages arising from a motor vehicle accident vs bicycle accident. On February 2, 2023, Plaintiff filed a motion to compel further responses to special interrogatories (set one) sewed on Ontrac. More specifically, Plaintiff moved to compel further responses to special interrogatories Nos. 6, 7, 9, 10, 12, 13, 15 and 16, which Ontrachad sewed on November 17, 2022. On May 8, 2023, ...

Excerpt: ...on against Defendants State of California ("State") and City of Santa Monica ("City") (collectively, "Defendants"), alleging her sole cause of action for premises liabiliW under Government Code section 835 et seq. pertaining to dangerous conditions on public property arising out of an injury on a sidewalk near the beach on May 25, 2021 Plaintiff alleges a trip and fall on a crack on Ocean Front Walk in front of Shutters on the Beach hotel. On Dec...

Excerpt: ...e Department (the "LAPD") and Thanh Long Dinh Nguyen ("Nguyen") for damages arising from a motor vehicle accident However, the correct defendant was the "City of Los Angeles," not "LAPD." On October 30, 2020, the Court approved Plaintiffs Amendment of the Complaint to change LAPD to the City of Los Angeles. Plaintiff now moves for an order (1) granting in-camera review of (a) Defendant Nguyen's personnel records, (b) Field Training Offcer Attila ...

Excerpt: ...inst Defendant Byeong Joon Lee ("Defendant") for motor vehicle negligence arising out of an auto accident on August 8, 2018. On December 21, 2022, Defendant filed a motion to compel further responses to Form Interrogatories, Set One, which had been served on Plaintiff on October 12, 2022, and to which Defendant had served responses on November 4, 2022. An Informal Discovery Conference ("IDC") conceming these discovery requests was held on May 16,...

Excerpt: ...hat is alleged to have occurred on October 8, 2019. (Complaint, MV-I.) Luis Lopez Nunez and Raquel Jimenez ("Plaintiffs*) allege that Joseph Tyler McVeigh and Angela Cooper McVeigh ("Defendants") are liable for the collision that occurred at Slauson Avenue and Compton Avenue in Los Angeles, California. (Complaint, 4.) The initial Complaint was filed on September 23, 2021. The instant Motion to Quash ("MTQ") was filed by Defendant Joseph McVeigh o...

Excerpt: ...is ("Defendant") for damages arising from a motor vehicle accident. On November 2, 2022, Defendant filed the instant motion to dismiss Plaintiff's complaint pursuant to CCP S 583.410 (Res. ld. 8947). Additionally, on January 11, 2023, Defendant filed the instant motions to compel further responses to requests for of documents, set one, (Res. ld. 4647) and form and special interrogatories, set one, (Res. ld. 6684) against Plaintiff. The motions to...

Excerpt: ... PRODUCTION AND FOR AN ORDER IMPOSING MONETARY SANCTIONS OF $432 Dept 31 1:30 p.m. Mav 30, 2023 1. Defendant(s). Background On February 10, 2020, Plaintiffs Samer Saba ("Saba") and Samira Alarbaji ("Alarbaji") (collectively, "Plaintiffs") filed this action against Defendants Ricardo Antoni Cantu ("Cantu") and Classic Floor Care Inc. ("Classic Floor") (collectively, "Defendants"), asserting bvo causes of action for (1) motor vehicle, and (2) gener...

Excerpt: ... PRODUCTION AND FOR AN ORDER IMPOSING MONETARY SANCTIONS OF $432 Dept 31 1:30 p.m. Mav 30, 2023 1. Defendant(s). Background On February 10, 2020, Plaintiffs Samer Saba ("Saba") and Samira Alarbaji ("Alarbaji") (collectively, "Plaintiffs") filed this action against Defendants Ricardo Antoni Cantu ("Cantu") and Classic Floor Care Inc. ("Classic Floor") (collectively, "Defendants"), asserting bvo causes of action for (1) motor vehicle, and (2) gener...

Excerpt: ...et One, and for Monetary Sanctions in the amount of Sl ,635.00 Defendant Super Center Concepts, Inc., d.b.a. Superior Grocers' Motion to Compel Plaintiffs Further Responses to Form Interrogatories, Set One, and Monetary Sanctions in the amount of Sl ,810.00 Dept. 31 1:30 p.m. May 30, 2023 This is a personal injury case arising from injuries suffered while at a grocery store. Sherry Delgadillo ("Plaintiff) filed suit against Superior Grocers ("Def...

Excerpt: ... NIED against defendants Helena Minye, D. D., S. ("Minye"), and Beautiful Smile Dental Group ("BSDG"). This matter arises from Plamtiffs dental treatment with Defendants. On March 17, 2021, Plaintiff dismissed her cause of action for IIED. Minye (hereinafter referred to as "Defendant") now moves the Court for summary judgment 2. Motion for Summary Judgment a. Moving Argument Summary judgment is proper because Defendant complied with the applicabl...

Excerpt: ... Janelle Branning, Olive Vista Middle School, Los Angeles Unified School District, and Does 1 to 50 for injuries Plaintiff sustained when Defendant Branning's dog attacked and bit Plaintiff Martinez. The incident occurred at Olive Vista Middle School on Los Angeles Unified School District's property. The Complaint alleges causes of action for (1) general negligence and (2) premises liability. Defendant Los Angeles Unified School District (LAUSD) ...

Excerpt: ...zavants ("Vahe") for motor vehicle negligence and general negligence arising out of an auto accident on August 19, 2020. On January 30, 2023, April 12, 2023, Plaintiff filed motions to compel further responses to a set of Form Interrogatories and a set of Inspection Demands, both served on Defendant Vahe on October 20, 2022 The parties participated in an Informal Discovery Conference ("IDC") concerning these discovery requests on April 25, 2023. ...

Excerpt: ...dal, Carlos A. Zumga, Q Transport Inc„ Jonathan D. Liem, Clean Diesel Specialists So. Cal. Inc„ and Does 1-50 alleging causes of action for motor vehicle negligence and wrongful death. The wife and mmor children of Decedent Ricardo Rodriguez bring this action after a fatal traffic collision occurred. The Complaint alleges that Defendants carelessly, negligently, grossly negligently, and recklessly operated and drove their commercial vehicles,...

Excerpt: ...d litem, Patricia Nathali, (collectively, "Plaintiffs") filed this action against detendants Con-Way Freight Inc. ("Con-WayÆ), XPO Logistics Freight ("XPO LogisticsÆ), and Jose Nunez Hernandez ("Hernandez") tor damages arising from a collision between a train and tractor trailer On June 16, 2021, Plaintiffs tiled the operative Second Amended Complaint alleging the crash occurred on or about September 1, 2015, when Hernandez, who was in the cour...

Excerpt: ...ofia Marlene Avalos de Galvez, Maria Jose Galvez, and the Estate of Gregorio de Jesus Galvez Avalos a,'k/a Alexander Galdamez (collectively "PlaintiffsÆ) filed this action on March 15, 2022, alleging causes of action against Defendants Pacific Gas and Electric Company, PG&E Corporation, UM:Kogyo, Inc., Sherrill, Inc., Bishop Supply Company of California, Bishop Supply Company of Delaware, Bishop Company, Bishop Supply LLC, Vertical Supply Group,...

Excerpt: ...nt Anthony Contreras ("Defendant") for Motor Vehicle and General Negligence arising from an automobile collisiom Defendant moves for an order terminating sanctions in the form of a dismissal of Plaintiffs complaint for his misuse of the discovery process and failure to obey the Court's February 15, 2023 order pursuant to Code of Civil Procedure sections 2023_030(d) and (g) and 2023.030(3). The motion is unopposed. Motion for Terminating Sanctions...

Excerpt: ...�ctving this disæ_lte. 1>tot2r24.2022. 14.) on N —Iber 1 1 2022, emsiled Plaintiffs (Kæhsni 5) Plsintiffs th8t unlike diÄi e.g„ for Adm not to informstion; rether. their pw'nse s admi"ion cfthings thst & 31 250, 261 FSIlure to timely to Adm' in of to the clsims of Proc., S 203-3280, in #rty requæting Wth of sny in the sdrnitt&i ss well it finds thet responæ thst product [CCP S code Cu sn thst Mth statutow of sry nustmske this which is to...

Excerpt: ...actual Background Plaintiff, Uri Perez ("Plaintiff") filed this action against Defendant, George Anderson ("Defendant") for damages arising from a motor vehicle accident. On June 10, 2020, Plaintiff amended the Complaint to add Defendant Karo Vartanian. Trial is currently set for June 28, 2023. II. Discussion 1. Motion to Compel Further Responses to Special Interrogatories, Set Two On February 27, 2023, Defendants filed a request for an order com...

Excerpt: ...ng as a passenger in the vehicle of Defendant Norman Thomas at the time, the latter of whom was allegedly operating the vehicle on behalf of Defendant Lyft, Inc. ("Lyft"). Defendant Dejon Daniels was another driver involved in the accident. Plaintiff filed this lawsuit on August 12, 2022, alleging causes of action against Defendant Thomas, Lyft, and Daniels for Motor Vehicle and General Negligence. Lyft filed the instant petition to compel arbitr...

Excerpt: ...rporation, and Hertz Vehicle, LLC (collectively, "Defendants"), asserting one cause of action for negligence, arising out of an automobile accident on or January 23, 2019. On July 8, 2022, the Court held the Final Status Conference ("FSC"), but none of the parties appeared for the hearing. Therefore, the Court placed the FSC off-calendar and kept the non-jury trial date of July 22, 2022 On July 22 2022 the Court held the non-jury trial, but Plain...

Excerpt: ....280, Healthcare Consulting. Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.)i A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work producti (Code Civ. Proc., SS 2030.290, subd. (a), 2031.300, subd. Unlike a motion to compel further responses, a motion to compel responses is not subject to a 45-day time limit and the propound...

Excerpt: ...o attempt to reach an agreement that would resolve the objections to the pleading. (Code Civ. Proc„ 55 430.41, 435.5.) "Any determmation by the court that the meet and confer prc„cess was insufficient shall not be grounds to overrule or sustain a demurrer." (Code Civ. Proc„ S 430.41, subd The meet and confer requirement has been met (Shon Decl. 4, Ex. B.) LEGAL STANDARD A. Demurrerü , A demurrer can be used only to challenge defects that a...

Excerpt: ...2022, alleging his sole cause of action for motor vehicle negligence against Defendants Kenneth Orlando Thompson and Ricky Bledsoe dba LA Blue Plumbing Heating & AC ("Bledsoe") based on a motor vehicle accident that occurred on February 28, 2020. Bledsoe, at this time, demurs to the Complaint on the grounds that it fails to state a cause of action under Code of Civil Procedure section 430.10(e), specifically on the grounds that Plaintiffs claim i...

Excerpt: ...riana Dorantes ("Plaintiff) filed this action against Defendant Mohsen Hamidi Hashemi ("Defendant") for damages arising from a motor vehicle accident. On July 21, 2022 Defendant propounded written discovery requests, namely Supplemental Demand for Production, Inspection, and Copying of Documents No. 1 and Supplemental Interrogatory No. 1. At this time, Defendant moves to compel Plaintiff to respond without objection to each discovery request Defe...

Excerpt: ...Blair, and Does 1 to 100 for Motor Vehicle and Liability for the Wrongful Act or Omission by Public Entity Employees arising from a vehicle collision between Plaintiff and Defendant Billy Blair, while in the course and scope of his employment with Defendant City of Beverly Hills Defendants City of Beverly Hills and Billy Blair (collectively "Defendants") now move to continue trial the trial date from July 24, 2023 to April 1, 2024, or a date that...

Excerpt: ...une 11 , 2020, Plaintiffs Maryam Sadeghi-Talash and Indira Pacheco ("Pacheco") filed an action against Defendants Taylor Brooke and Ashley Barrett for damages arising from an automobile accident Defendants Brooke Davey (erroneously sued as Taylor Brooke) and Ashley Barrett (collectively "Defendants*) move for an order for terminating sanctions in the form of a dismissal of Plaintiff Pacheco's case for failure to obey the Court's Order of December...

Excerpt: ...ks ("Plaintiff') sued defendants Donatello Stone Design Inc. ("DSD"), Wilmer Rolando Cruz Lopez ("Lopez") and Babken Ovsepian for damages arising out of a motor vehicle accident specifically when she collided with a Ford F250 carrymg concrete. She alleges negligence, negligent entrustment and negligent hiring, retention, or supewision. On January 26, 2023, Plaintiff moved the court for leave to amend to add punitive damages allegations. On March ...

Excerpt: ... MUTUAL AUTO INSURANCE COMPANY'S MOTION FOR SUMMARY JUDGMENT Dept. 31 1:30 p m. May 22, 2023 1. Background On July 11, 2019, Plaintiff Gerardo Munoz Torres ("Torres") filed Case no. 19STCV24187 against defendant Jinsun Michelle Moon ("Moon") for damages arising from a motor vehicle accident Torres was allegedly acting within the course and scope of his employment at the time of the accident, and on August 7, 2019, Oak River Insurance Company ("Oa...

Excerpt: ...strada ("Estrada") filed an action against Defendants Amy Ziqing Wu and Ping Wu (collectively "Defendants") alleging Motor Vehicle and General Negligence arising out of an automobile accident Defendants moves for an order for terminating sanctions in the form of a dismissal of Plaintiff Estrada's case for failure to obey the Courts November 14, 2022 and March 24, 2023 orders to respond to discovery and pay a monetary sanction. The motion is made ...

Excerpt: ...rance Company ("Plaintiff") filed this action agamst Defendant Brian Bajah ("Defendant') for subrogation to recover damages paid to its insured relating to a motor vehicle accident involvmg Defendant. On June 16, 2020, Plaintiff filed an Application for Publication seeking an order directing service of the summons and complaint on Defendant by publication in the Los Angeles Independent newspaper An Order for Publication was signed and filed by th...

Excerpt: ... against Defendant Lucky Nails & Foot Spa ("Defendant'), which arises from an actylic fingernail strikmg and lacerating Plaintiffs eye. Defendant now moves for summary judgment or, in the alternative, summary adjudication. Plaintiff opposes the Motion, and Defendant has filed a reply. 2. Motion for Summary Judgment a. Moving Argument Defendant did not owe the duty of care that Plaintiff seeks to impose. Plaintiff also cannot establish that Defend...

Excerpt: ...an automobile accident. Plaintiff filed the Complaint on January 4, 2016. Plaintiff filed proof of service on Defendant on July 7, 2017. On May 2, 2019, the Court held an Order to Show Cause Re: Why This Action Should Not Be Dismissed for Failure of Plaintiff to Enter Default / Default Judgment Pursuant to California Rules of Court Sections 3110(g) and 3.110(h) and an Order to Show Cause Re: Why This Action Should Not Be Dismissed For Delaying an...

Excerpt: ...r 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 to appear for examination, or to proceed with it or to produce for inspection any document electronically stored information, or tangible thing described in the deposition notic...

Excerpt: ...ively, "Plaintiffs"), filed this action against Defendants County of Los Angeles, City of Los Angeles, The Los Angeles County Sheriffs Department ("LASD"), Carlos Turcios, Sylvia M. Turcios, and Does 1 through 100 (collectively, "Defendants*) for motor vehicle negligence, general negligence, negligent infliction of emotional distress upon a bystander, and dangerous condition of public property (violation of Government Code Sections 830 et seq_). ...

Excerpt: ...on against Defendant Calin Stoica ("Defendant") for damages arising out of an automobile accident Plaintiff Barbieri settled his case with Defendant and signed a release. Defendant moves for an order for terminating sanctions in the form of a dismissal of Plaintiff Beasley's complaint for her failure to obey the Court's December 16, 2022, order to respond to discovery The motion is made pursuant to Code of Civil Procedure SS 2023.010(d) and (g) a...

Excerpt: ...le accident Plaintiffs allege that Torres was in the course and scope of his employment with Vista at the time of the accident Defendant Vista now moves for summary judgment Plaintiffs oppose the motion, and Vista filed a reply. 2. Motion for Summary Judgment a. Evidentiary Objections Defendant's objection are OVERRULED. b. Burdens on Summary Judgment Summary judgment is proper "if all the papers submitted show that there is no triable issue as t...

Excerpt: ...dant Sharon L. McGann ("Defendant") for Negligence and Personal Liability arising from Plaintiffs fall from a pergola at Defendant's residence Defendant had hired Cross-Defendant Ed Williams ("Cross- Defendant) to wash the windows and solarium of her residence. Cross-Defendant invited Plaintiff to assist hirm On March 21 , 2021 , Defendant filed a cross-complaint against Cross-Defendant for Complete Indemnity, Partial Indemnity, and Declaratory R...

Excerpt: ...California ("EDD" or "Defendant') for emotional injuries arising from disqualification and termmation of Plaintiffs benefits. On January 12, 2023, Plaintiff filed the operative First Amended Complaint ("FAC") against EDD for (1) willful and wanton conduct (2) intentional infliction of emotional distress, and (3) personal injury — non economical damages. Defendant EDD now demurs to the complaint arguing It fails to state a claim agamst it Plaint...

Excerpt: ...laintiff) filed this action against Defendants Andres Gutierrez and Elizabeth Gutierrez (collectively "Defendants") for damages arising from a rear-end automobile accident that occurred on April 10, 2017. On September 13, 2022, Defendants caused to be issued a deposition subpoena for personal appearance and production of documents and things to Payam Yermian, DC., who treated Plaintiff with respect to Plaintiffs claimed injuries. Now Defendants m...

Excerpt: ...a hit and run collision. Plaintiff alleges that his vehicle was struck by a vehicle rented through Avis. Plaintiff amended the Complaint to add Defendant Pedro Ivan Jiminez Aguilera ("Aguilera") on October 14, 2021. Plaintiff asserts causes of action for motor vehicle and general negligence. As agamst Defendant Avis, the claims are based on negligent entrustment. Defendant Avis now moves for summary judgment, or alternatively summary adjudication...