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: ...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: ...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: ...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: ...) 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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...

Excerpt: ... defendant Century Hill Association (“Defendant”) for injuries arising from an alleged dangerous condition of Defendant's property. On October 18, 2022, the Court granted Defendant's unopposed motion for terminating sanctions on the grounds that Plaintiff failed to serve discovery responses in compliance with the Court's August 18, 2022 Order. Plaintiff's counsel did not appear at the hearing, and Plaintiff's action against Defendant was dism...

Excerpt: ...geles (“County”) for damages arising from an automobile incident. The complaint sets forth a single cause of action for negligence, and includes a prayer for punitive damages. The County now moves to strike the prayer for punitive damages. As of February 21, 2024, no opposition was filed. II. Legal Standard 1. Procedural Before filing a motion to strike, the moving party shall meet and confer in person or by telephone with the party who has f...

Excerpt: ...n defendant Jose Noyola (“Defendant”) on August 16, 2023. Responses were due on or before September 16, 2023. However, Defendant has not served responses to date despite Plaintiff's counsel's numerous attempts to meet and confer. Plaintiff therefore seeks an order deeming the RFAs admitted against Plaintiff. The motion was previously heard and denied on December 15, 2023 due to a service issue regarding Defendant's attorney's of record. Since...

Excerpt: ...ff”) 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 punitive and exemplary damages. De...

Excerpt: ...t of a trip and fall on uneven pavement on April 29, 2021. The complaint sets forth a single cause of action for premises liability. A. Moving Argument Defendant argues that the uneven pavement was a trivial defect as a matter oflaw, because it measured at 7/8 (or 0.875) of one inch at its highest point and that there were no aggravating factors such as any jagged edges, broken pieces, obstructions, or shadows ccrv•enng the offset There have be...

Excerpt: ...Liat Beroukhai (“Defendant”) for damages arising from an automobile incident. Plaintiff now moves to compel the deposition and production of documents of non - party Jonathan Marsand Balter (“Balter”). Plaintiff asserts he served Balter with a valid deposition subpoena that required Balter to appear for his deposition on October 18, 2023, but Balter failed to appear. The motion is unopposed. II. Motion to Compel Non -Party Deposition A pa...

Excerpt: ...a trip and fall over a moving cart. Trial is currently set for April 29, 2024. On November 17, 2023, defendant Macy's Retail Holdings, LLC (erroneously sued as Macy's) (“Defendant”) filed the instant motion for leave to obtain an additional independent medical examination (“IME”) of Plaintiff with Defendant's neurosurgeon Paul E. Kal oostian, M.D. (“Dr. Kaloostian”) for Plaintiff's alleged spinal injury. Any opposition was due on or b...

Excerpt: ...iff') on lune 12, 2023. Defendant granted Plaintiff an extension through July 31, 2023, but no responses were received by that date. On August 14, 2023, after havmg still received no responses, defense counsel emailed Plaintiffs counsel requesting responses be served without objections. On August 14, 2023, Plaintiffs counsel served unverified responses With objections. After a series of meet and confers, Plaintiff served supplemental responses fo...

Excerpt: ...ncident Defendant now seeks the production of business records from VA Long Beach Healthcare System ('VA Long Beach"). Plaintiff testified he received treatment at VA Long Beach for injuries arising from the incident Defendant served VA Long Beach through Defendants subpoena vendor, seeking: "[Any and all documents and medical records peftaming to the exammation, care, diagnosis, and treatment of the patient, including but not limited to all offi...

Excerpt: ...io (“Osorio”) ( collectively, “Plaintiffs”) filed this action against defendants City of Los Angeles (“City”) and Nathaniel Miranda for damages arising from an automobile incident. Trial is currently set for March 6, 2024. On January 31, 2024, the City filed the instant motion to continue the trial date by 60 days and to reopen discovery. Defendants aver that the City's vehicle inspection was offered to be completed in February 2024, ...

Excerpt: ...g from a trip and fall over a moving cart. Trial is currently set for April 29, 2024. On November 16, 2023, defendant Macy's Retail Holdings, LLC (erroneously sued as Macy's) (“Defendant”) filed the instant motion for leave to obtain an additional independent medical examination (“IME”) of Plaintiff with Defendant's spine surgeon Mark J. Sp oonamore, M.D. (“Dr. Spoonamore”). Any opposition was due on or before February 15, 2023; none ...

Excerpt: ...d Plaintiffs Jackson Scott Young (“Jackson”) and Teri Young (“Teri”) (collectively, “Young Plaintiffs”) filed their First Amended Complaint (“FAC”) against defendants Dapper Dan's Car Wash, General Wash LLC, and General Wash Land I, LLC for injuries arising from allegations that Plaintiff Jackson's vehicle lost traction due to a “deposit of water, soap -like and wax -like substances”, causing his vehicle to collide with a ...

Excerpt: ...s 1 to 25 for damages arising from a trip and fall on a concrete lip. On July 28, 2022, the City filed a cross-complaint agamst HNF International, Inc. ("HW'). On September 15, 2022, HNF filed its Answer and a cross-complaint against California Grading & Paving Co. Inc. ("CGP"). CGP filed its Answer on Januaty 3, 2023. On November 14, 2023, Plaintiff filed amendments to complaint naming CGP as Doe 1 and HNF as Doe 2. Trial is currently set for Ap...

Excerpt: ... machinery while Plaintiff was cleaning up leaves, branches, and logs. Defendants Garen Akylan and Vahe Akylan (erroneously sued as Vahe Akliyan) ("Defendants') now move for terminating sanctions against Plaintiff to dismiss Plaintiffs action with prejudice for failing to serve verified discovery responses in compliance with the Courts September 8, 2023 and November 15, 2023 Orders pertaming the Defendants' motions to compel discovery responses. ...

Excerpt: ...nchez (“Sanchez”), Jose Alejandro Medina (“Medina”), Uber Technologies, Inc., Rasier LLC, Rasier -CA LLC, and ZLS Trans Inc. (“ZLS”) for damages arising from an automobile collision. The FAC sets forth three causes of action for (1) negligence, (2) negligence per se, and (3 ) negligent entrustment. Defendants Uber Technologies, Inc., Rasier LLC, Rasier -CA LLC (collectively, “Uber Defendants”) move for judgment on the pleadings th...

Excerpt: ... by and through his Guardian ad Litem, Gregory Gray (“Plaintiff”) filed his First Amended Complaint (“FAC”) action against Defendants City of Rancho Palos Verdes, City of Rolling Hills Estates, Palos Verdes Peninsul a Unified School District, and Does 2 through 50 for injuries caused by a sidewalk that allegedly ejected Plaintiff from his bicycle. On December 19, 2023, the Court granted Palos Verdes Peninsula Unified School District's dem...

Excerpt: ..., a minor, and Nathan Rabbaman ("Nathan"), a minor, by and through their Guardian Ad Litem, Hourash Khazan, (collectively, "Plaintiffs") filed this action against defendant Igor Lopatonok ("Defendant') for damages arising from a dog bite. Plaintiffs move for trial preference pursuant to CCP S36(b). Defendant opposes the motion, and Plaintiffs filed a reply. Defendant moves to continue the trial date to October 15, 2024 and extend discovety cut- o...

Excerpt: ...Defendant”) in this subrogation action arising from a motor vehicle incident, wherein Plaintiff paid for property damages on behalf of its insured Vahakin Nazerian. On March 23, 2023, the Court dismissed the action pursuant to the stipulation for entry of judgment between Plaintiff and Defendant. The Court retained jurisdiction over the action pursuant to Code Civ. Proc., section 664.6. On December 7, 2023, Plaintiff filed this motion to set as...

Excerpt: ...from an automobile collision. Plaintiff moves the Court for an order compelling Hertz to provide further responses to Request for Production of Documents ("RPDs"), set one, as to Nos. 5 and 7, without objections. Hertz opposes the motion, and Plaintiff filed a reply. II. Procedural Requirements 1. Meet and Confer A motionito compel further responses to requests for production "shall be accompanied by a meet and confer (Code Civ. Proc. S 2031.31 T...

Excerpt: ...formance Exhaust ("MPE"), Miguel A. Vaca ("Miguel"), and Does 1 through 50 for damages arising from a motor vehicle v. pedestrian collision on August 24, 2021. Plaintiff filed amendments to complaint naming Team MPE, Inc. as Doe 1 and Candelaria Vaca as Doe 2. Plaintiffs allege they were customers of MPE and were waiting in the seating area designated for customers, when Trinidad rammed his car into the seating area, causing injury to both Plaint...

Excerpt: ...mages arising out of an automobile accident Progressive West Insurance Company ("Progressive") now moves for leave to intervene in the case, contending it has a direct interest in the litigation because it issued the applicable automobile liability insurance covering the incident alleged in the complaint to Defendant, who is its insured. Progressive avers it has been unable to locate Defendant and Defendant has failed to defend himself in this ma...

Excerpt: ...his action against defendants Ambiance Medical Transportation, Inc., et al. for damages arising from allegations that a vehicle lift/ramp remained in a dangerous position, such that Plaintiff tripped and fell over the vehicle lift/ramp. On November 8, 2023, the Court granted Plaintiff's ex parte application to continue the trial date to April 17, 2024, and provided that only discovery related to the depositions of the COR/PMK and related request ...

Excerpt: ...alon, Danielle Trin as an individual and dba Tina Nails Salon, Xuan Thao Duy Nguyen as an individual and dba Tina Nails Salon, Hy That Ton as an indi vidual and dba Tina Nails Salon, and Does 1 to 50 for injuries arising from a pedicure. On November 6, 2018, Plaintiff filed amendments to complaint, naming Tom Cong Tran as Doe 1, Daniel Tran as Doe 2, and Dinh Tran as Doe 3. Plaintiff obtained defendants Tom Cong Tran and Dinh Tran's defaults on F...

Excerpt: ...r Defendants") propounded special interrogatories, set one, and request for production of documents, set one, on Plaintiff Kenyce Smith ("Plaintiff Smith") on July 21, 2023. After receiving no responses, defense counsel sent a meet and confer letter to Plaintiffs' counsel requesting that responses be provided, without objections, no later than October 6, 2023. However, as of the motion filing date, Plaintiffs have not sewed responses. The Uber De...

Excerpt: ...id aka Roberta A. Magid, and Gregory Philip Segal for damages related to an alleged dangerous condition of a common area on defendants property. Plaintiff is in pro per. Defendants Roberta Magid aka Roberta A. Magid ("Roberta") and Gregory Philip Segal ("Segal") filed their Answer to Plaintiffs complaint on May 12, 2021. To date, there is no proof of service filed for the remaming defendants. Preliminary, Roberta and Segal's motion for terminatin...

Excerpt: ...Kovachev by and through its successor -in -interest Krasimira Kovacheva (“Plaintiffs”) filed this action against defendants, Chandra Bouchard, Krassimir Iordanov, and Veselka Yordanova for the wrongful death of Martin Radostinov. Trial is currently set for A pril 4, 2024. Defendants Krassimir Iordanov and Veselka Yordanova (“Defendants”) request the Court to continue the trial date and all related dates to a date on or after March 10, 202...

Excerpt: ...collision. Defendant moves for an order compelling Plaintiff to provide further responses to special interrogatories, set one, nos. 1 through 35. Defendant also seeks monetary sanctions. Any opposition was due on or before February 7 , 2024; none was filed. II. Procedural Requirements 1. Meet and Confer A motionito compel further responses to requests for production "shall be accompanied by a meet and confer (Code Civ. Proc. S 2031.31 The declara...

Excerpt: ...nty of Los Angeles, and State of California for damages arising from a trip and fall on an alleged defective stair while walking on the steps of a jungle gym. Plaintiff alleges defendants negligently owned and maintained the subject jungle gym located at Live Oak Park. Temple City (“City”) now moves for a Protective Order to quash Plaintiff's notice of the City's playground equipment consultant Samual DeFillippo (“DeFillippo”), or alterna...

Excerpt: ...d Litem Maria Roman, ("Plaintiff') filed this action against defendant Downey Unified School District ("Defendant) for damages arising from bullying at school, wherein Plaintiff was allegedly assaulted and battered by a fellow student Defendant filed its Answer to Plaintiffs complaint on December 8, 2022. Defendant now seeks leave to file a cross-complaint against third party Amber Estrada ("Estrada'), the mother and guardian ad litem for Victori...

Excerpt: ... filed this action against defendants Allied Universal Security Services Universal Protection Services LPP and White Memorial Medical Center for damages arising from security removmg Plaintiff from the premises. The complaint sets forth four causes of action for (1) assault, (2) battery, (3) negligence, and (4) negligent hiring, retention, supervision and training. Defendant I'Vhite Memorial Medical Center dba Adventist Health White Memorial ("WM...

Excerpt: ...s Car Wash, et al. for injuries arising from allegations that Plaintiff Jackson Scott Youngs vehicle lost traction, causing it to collide with a light pole and guard rail, thereby causing injury. Defendants General Wash, LLC, individually and dba Dapper Dan's Car Wash, and General Wash Land I, LLC ("Defendants") aver that the parties entered into a Stipulation and Protective Order, and that due to inadvertence, it was not filed and executed by th...

Excerpt: ... Defendants property. Defendant moves for an order compelling Plaintiff to provide further responses to request for production of documents ("RPDs"), set one, as to Nos. 7, 8, 13, 15, and 16. The Court wnll not consider Plaintiffs untimely opposition filed on February 14, 2024. II. Procedural Requirements 1. Meet and Confer A motionito compel further responses to requests for production "shall be accompanied by a meet and confer (Code Civ. Proc. ...

Excerpt: ...s for production of documents (RPDs), set two, on Plaintiff Stephanie De La Rosa (“Plaintiff”) on March 7, 2023. Additionally, Rasier propounded supplemental interrogatories and supplemental RPDs on Plaintiff on May 31, 2023. After receiving no resp onses, Defendant requested responses by July 31, 2023. To date, Plaintiff has not served responses. Rasier therefore seeks an order compelling Plaintiff to respond, without objections, to the outs...

Excerpt: ...Kay Duvall ("Heidi") ("Defendant') for private nuisance, negligence, and premises liability. A trial returned verdict in Plaintiffs' favor and on November 13, 2023, judgment was entered for Plaintiffs against Defendant On November 27, 2023, Plaintiffs filed a Memorandum of Costs seeking a total of $36,697.91. Defendant moves to tax memorandum of costs. Plaintiffs oppose the motion. As of Februaty 13, 2024, no reply was filed. II. Motion to Tax Co...

Excerpt: ...iarte (“Defendants”) for damages arising from an automobile collision. On May 5, 2023, 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, May 5, 2023.) On November 3, 2023, Plaintiff filed the instant motion to set aside the dismissal. II. Motion to Set Aside Code Civ. Proc. (“CCP”) § 473 provides for both discretionary...

Excerpt: ... Defendants property. Defendant moves for an order compelling Plaintiff to provide further responses to form interrogatories, set one and special interrogatories, set one. Defendant seeks further responses to special interrogatories nos. 18, 44-45, and form interrogatories nos. 4.1, 6.4, 11.2, and 17.1. The Court wnll not consider Plamtiffs untimely opposition filed on February 14, 2024. II. Procedural Requirements 1. Meet and Confer A motionito ...

Excerpt: ... arising 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 Plaintiff Grey's action on the grounds that Plaintiff Grey failed to abide by the Court's September 19, 2023 Order to appear for her deposition. Defendants Uber Technologies, Inc., Rasier, LLC and Rasier -CA, LLC (“Uber Defendants”) join the moti...

Excerpt: ...a Henriquez ("Plaintiff) on June 12, 2023. Defendant granted Plaintiff an extension through July 31, 2023, butno responses were received by that date. On August 14, 2023, after having still received no responses, defense counsel emailed Plaintiffs counsel requesting responses be sewed mthout objections. On August 14, 2023, Plamtiffs counsel served unverified responses with objections. After a senes of meet and confers, Plamtiff served supplementa...

Excerpt: ...y Roadside Service, Inc. ("Liberty") for damages arising out of an automobile accident At this time, State Farm Mutual Automobile Insurance Company ("State Farm") moves for leave to intervene in the case, contendmg State Farm is the commercial automobile insurer for Liberty. State Farm contends It has a direct interest in the litigation due to the insurance policy issued to its insured, Liberty, which is currently suspended by the California Secr...

Excerpt: ...onsolidated with Case Nos. 21STCV22180, 21STCV23203, 21STCV23173, 21STCV25523 and 21STCV24684. On February 5, 2023, Case No. 21STCV24684 settled. In brief, the consolidated actions are described as follows: (1) Reginald Dyer v. Flynt Management Group, LLC dba Larry Flynt's Lucky Lady Casino , Case No. 21STCV12326 (the “Dyer Action”), (2) Karen Luu v. Larry Flynt's Lucky Lady Casino and Flynt Management Group, LLC , Case No. 21STCV22180 (the �...

Excerpt: ...r damages arising from a slip and fall on September 29, 2019 at the Walmart located on 14530 NordhoffStreet Panorama CIW, CA 91402. (Compl. at 7.) Plaintiff alleges defendants allowed a liquid substance to remain on the floor, thereby causing Plaintiff to sustain injuries. (ld. at 8.) The complaint sets forth Ävo causes of action for negligence and premises liability. Walmart now moves for summary judgment or in the alternative summary adjudicat...

Excerpt: ...int (FAC) against defendants, Israel Alegria Morales and the City of Santa Monica (collectively, “Defendants”) for damages arising out of a motor vehicle accident. Plaintiff sets forth three causes of action for (1) motor vehicle – against all defendants, (2) general negligence – against all defendants, and (3) respondeat superior – against the City of Santa Monica. On November 2, 2022, the Court granted Plaintiff's counsel's motion to ...

Excerpt: ...l Touch Cleaning and Maintenance and PowerTnp Rentals for injuries arising from a slip and fall. At this time, petitioner Ohio Security Insurance Company, through its claim's administrator Libefty Mutual Insurance Helmsman Management Company, ("OSI") moves for leave to intervene in the case, contending that workers' compensation benefits were paid by and through its claims administrator for injuries arising from the action. OSI seeks to intervene...

Excerpt: ... Ovando (“Defendant”) for injuries arising from an automobile incident. Plaintiffs allege that, on September 6, 2021, under the influence of alcohol, Defendant operated a motor vehicle and collided with Plaintiffs' motor vehicle. The FAC sets forth two causes of action for negligence and negligent entrustment. The FAC include s a prayer for punitive damages. Defendant now moves to strike (1) allegations contained on page 6, paragraph 23, line...

Excerpt: ...lthcare Corporation, erroneously sued and served as House of Uhuru, ("Defendant") now moves the Court for an order compelling Plaintiff to provide further responses to the Defendant's form interrogatories, set one, and special interrogatories, set one. II. Informal Discovery Conference ("IDC") Per the Eight Amended Standing Order for Procedures in the Personal Injury Hub Courts effective October 10, 2022 (Filed September 20, 2022), BE, "PI Hub Co...

Excerpt: ...on and Marionette Joy Murao for damages arising from an automobile collision. On July 13, 2023, this matter was called for an Order to Show Cause Re: Dismissal for Failure to File Proof of Service, and after no appearances or contact by Plaintiff, the Court dismissed Plaintiff's complaint without prejudice. (Min. Order, July 13, 202 3.) On January 12, 2024, Plaintiff filed the instant motion to set aside the dismissal. II. Motion to Set Aside Cod...

Excerpt: ...mbiance Medical Transportation, Inc.'s (“AMT”) custodian of records/person most knowledgeable (PMK) Ruben Balayan. Plaintiff also seeks monetary sanctions. AMT opposes the motion, and Plai ntiff filed a reply. The Court has read and considered the papers. If a deponent fails to answer any question or to produce any document under its control, the party seeking discovery may move the court for an order compelling that answer or production. (CC...

Excerpt: ...ely, “Plaintiffs ”) filed this action against defendants Revolution Foods Inc., Carlos Villa Gomez, and Keith Melchor for damages arising from an automobile collision. On July 25, 2023, Plaintiffs filed a Notice of Settlement of Entire Case providing the parties entered in to a conditional settlement. Plaintiffs now move for an order enforcing the terms of the settlement agreement pursuant to CCP § 664.6. Defendants Revolution Foods, Inc. (�...

Excerpt: ...y Sheriff's Department, and Matthew Marcus Fraijo (“Defendants”) for damages arising from a motor vehicle incident. Defendants now move to enforce the settlement of the matter pursuant to CCP § 664.6. Defendants aver this matter proceeded to mediation on December 16, 2022 before the Honorable Joseph S. Biderman, in which the material terms of the prospective settlement were negotiated between the parties. On December 20, 2022, Judge Bide...

Excerpt: ...amages arising from an automobile accident Plaintiff now moves to compel Moller to produce documents to Plaintiffs demand for production of documents provided with the deposition notice of Moller. Moller opposes the motion, and Plaintiff filed a reply. 1. Moving Argument Plaintiff noticed and deposed Moller on October 10, 2023. The Notice requested production of "1. All sub rosa video of Plaintiff including audio. 2. All bills and invoices for in...

Excerpt: ...Dr. Minye”) and Beautiful Smile Dental Group (“BSDG”) (collectively “Defendants”) for medical negligence. Plaintiff alleges she sought dental treatment from Defendants, wherein Defendants performed treatment for a root canal. Plaintiff sets forth three causes of action fo r (1) Dental Malpractice, (2) Intentional Infliction of Emotional Distress (IIED), and (3) Negligent Infliction of Emotional Distress (NIED). On March 4, 2021, Plainti...

Excerpt: ...nt (“FAC”) against defendants Ze'ev Patrick Waismann (“Waismann”) and San Gabriel Valley Humane Society (“SGVHS”) for damages arising from a dog bite. Defendant Waismann previously filed his Answer to Plaintiff's original complaint on April 7, 2023 Waismann now seeks leave to file a cross-complaint against SGVHS for indemnification, apportionment of fault and/or contribution, and declaratory relief. SGVHS opposes the motion. As of Feb...

Excerpt: ...ainst defendants 419 N. Mountain View Terrace, LLC and Manager Lito Desalesain (“Lito”) (collectively, “Defendants”) for injuries arising from a balcony collapse. The complaint sets forth two causes of action for (1) general negligence and (2) premises liability. Defendants demur to the complaint, arguing it fails to state sufficient facts to constitute causes of action for negligence and premises against Lito as an individual. The motion...

Excerpt: ...vachev by and through its successor-in- interest Krasimira Kovacheva (“Plaintiffs”) filed this action against defendants, Chandra Bouchard, Krassimir Iordanov, and Veselka Yordanova for the wrongful death of Martin Radostinov (“Decedent”). Plaintiffs allege Decedent was killed by a gun at a party. Plaintiffs now moves to compel defendant Chandra Bouchard (“Bouchard”) to proceed with and respond to questions at her deposition, which wa...

Excerpt: ...an Monsanto, by and through her guardian ad litem Diana Monsanto (“Plaintiff”) filed this action against defendant MV Transportation, Inc. (“Defendant”) for damages arising from the operation of a bus, wherein Plaintiff alleges the sudden application of brakes caused Plaintiff to propel her from her seat and to hit her head against a pole. Plaintiff filed the instant motion for an order compelling Defendant to produce the raw data of Plai...

Excerpt: ...��) for damages arising from an automobile incident. The complaint sets forth a single cause of action for negligence, and includes a prayer for punitive damages. Defendant now moves to strike allegations and the prayer for punitive damages. As of January 31, 2024, no opposition was filed. II. Legal Standard 1. Procedural Before filing a motion to strike, the moving party shall meet and confer in person or by telephone with the party who has file...

Excerpt: ... against the Inglewood Unified School District (“Defendant”) for damages arising from a a steel gate closing on Plaintiff's finger. Trial is currently set for April 3, 2024. Defendant requests the Court to continue the trial date and all related dates to at least 30 days after October 3, 2024, in order for its motion for summary judgment (“MSJ”) to be heard prior to trial. Plaintiff opposes the motion. II. Trial Continuance Although conti...

Excerpt: ...lity and damages. Plaintiff Chip Brown (“Plaintiff”) opposes the motion. Trial is set for May 20, 2024. Defendants properly sought a bifurcation order in advance of the trial date. (See CCP § 598 [court to issue order bifurcating case on noticed motion by the pretrial conference or, absent a pretrial conference, no later than 30 days in advance of trial].) However, a trial court may also “on its own motion . . . make such an order at any t...

Excerpt: ... Jesus Sierra III, and Jessica Sierra (“Plaintiffs”) filed this action against defendants, City of Los Angeles (“City”), County of Los Angeles, State of California, Savannah Lee Johnson, Elecnor Belco Electric, Inc., and The Roman Catholic Archbishop of Los Angeles for the wrongful death of decedent Jose Jesus Sierra, III (“Decedent”) arising from an automobile collision at the intersection of 47 th St./Main St. in the City of Los Ang...

Excerpt: ...ring Manufacturing Co., Inc. (“Defendant”) for damages arising from operation of a power press. On April 11, 2023, the Court granted Plaintiff's unopposed motion for terminating sanctions. Defendant's Answer to the complaint was stricken, and default entered pursuant to CCP § 2023.030. (Min. Order, April 11, 2023.) On April 21, 2023, Defendant filed a motion for reconsideration of the Court's April 11, 2023 ruling, which was denied. (Min. Or...

Excerpt: ...ides, Inc. (“Bird Rides”), Midvale City, and Salt Lake County for injuries arising from an August 24, 2021 fall, wherein Plaintiff was riding a scooter at or near 920 Jordan River Blvd., Midvale, Utah 8404 when he struck an unattended electric scooter on the premises. Bird Rides moves to dismiss or stay the action on the grounds of forum non conveniens. Plaintiff opposes the motion, and Bird Rides filed a reply. The instant motion was initial...

Excerpt: ...ld, LLC and Alicia Williams for injuries Plaintiff allegedly 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. Defendants Culver City Mall, LLC, erroneously sued as Westfield, LLC, and Nationwide Janitorial Services, Inc. (“Defendants”), at this time, move for an order permitting Defendants...

Excerpt: ...mplaint (“FAC”) against Defendants Mauricio Christopher Torres (“Torres”), Patrick Bennet (“Bennet”), and Target Corporation (“Target”) for damages arising from allegations of assault and battery. Plaintiff alleges she was on Target's property when Torres grabbed Plaintiff's purse, and the two struggled over the purse. Plaintiff alleges Target's employee witnessed the ordeal and did not prevent or assist Plaintiff in the attack. P...

Excerpt: ...Cristian Crocker, Cristia Crocker, Johnny George, John George, and Does 1 to 50 for damages arising from a motor vehicle collision. On November 13, 2023, John Georges (“Georges”) filed a Motion for Determination of Good Faith Settlement, providing that Plaintiff and the John Georges entered into a settlement agreement for the total amount of $50,000, which represents Georges' automobile liability insurance policy limit with Permanent General ...

Excerpt: ...man's (“Defendant”) unopposed motions to compel Plaintiff Tiara Jackson (“Plaintiff”) to serve verified responses to its set one of form interrogatories, special interrogatories, and request for production. (Min. Order, Aug. 23, 2023.) In addition, the Court granted Defendant's unopposed motion to deem its requests for admission (“RFAs”), set one, admitted against Plaintiff. (Ibid.) The Court further awarded Defendant monetary sanctio...

Excerpt: ... Capital Corporation (“RCC”) for damages arising from a slip and fall on a staircase.¿Plaintiff filed amendments to complaint, naming Amalfi Stone & Masonry Company, Inc. as Doe 1, DPR Construction Inc. as Doe 2, Gateway El Segundo Fee Owner, LLC (“Gateway”) as Doe 3, Divco West Real Estate Services, LLC as Doe 4, Gensler as Doe 5, and Advanced Building Maintenance, Inc. (“ABM”) as Doe 6, On October 18, 2023, ABM filed an Application...