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2023.08.15 Motion for Leave to File Complaint 312
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2023.08.15
Excerpt: ...ages arising out of a motor vehicle accident. On January 9, 2021, Defendant Tony Wank (“decedent”) passed away. On June 6, 2022, Plaintiff filed a First Amended Complaint (“FAC”) replacing Tony Wank with the Estate of Wank (“Defendant”) as a defendant. On September 17, 2020, Plaintiff filed a substitution of attorney, in which Koorosh K. Shahrokh, Esq. of National Choice Lawyers was to represent Plaintiff in this action. On October 14...
2023.08.15 Demurrer to FAC 865
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2023.08.15
Excerpt: ...endants California Highway Patrol (“CHP”) and Pearl Rodney (“Rodney”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. On April 28, 2023, the Court sustained Defendant State of California's, acting by and through the California High Patrol, demurrer to Plaintiff's complaint with leave to amend. On May 18, 2023, Plaintiff filed a First Amended Complaint (“FAC”) for (1) negligence; (2) vicarious liabil...
2023.08.14 Motions to Compel Responses, for Sanctions 220
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2023.08.14
Excerpt: ...cial interrogatories, set one, on Defendant Smart & Final Stores, Inc. (“Defendant”) on April 18, 2023. On May 22, 2023, Defendant served unverified responses. On June 27, 2023, Plaintiff's counsel informed defense counsel of the missing verifications to Defendant's discovery responses, and that a protective order needed to be signed. Defense counsel responded on June 28, 2023 that verifications would be provided in about a week. Plaintiff's ...
2023.08.14 Motion to Vacate Default 851
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2023.08.14
Excerpt: ...ndant”) for damages arising out of an automobile accident. On February 8, 2023, Plaintiff obtained Defendant's default. On June 1, 2023, Defendant filed the instant motion to set aside the default. Plaintiff opposes the motion, and Defendant filed a reply. 1. Moving Argument Defendant asserts that he was served by substituted service on December 13, 2022. On January 27, 2023, Veatch Carlson, LLP was assigned as defense counsel, and no default h...
2023.08.14 Motion to Strike or Tax Costs 853
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2023.08.14
Excerpt: ... Los Angeles Unified School District erroneously sued as West Valley Occupational Center (“Defendant” or “LAUSD”) for injuries relating to Plaintiff's slip and fall on Defendant's property. On June 16, 2021, Plaintiff filed the operative Second Amended Complaint (“SAC”) alleging causes of action for (1) negligence, (2) premises liability, and (3) dangerous condition of public property. On August 30, 2021, Defendant's demurrer to the S...
2023.08.14 Motion to Set Aside Default 959
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2023.08.14
Excerpt: ...and Does 1 to 25 for injuries arising from a motor vehicle incident. On March 21, 2023, Plaintiff filed an Amendment to Complaint naming CourierRx, LLC (“CourierRx”) as Doe 1. Plaintiff allegedly served CourierRx with the summons and complaint by personal service upon Courierrx's general manager Michael Chavez (“Mr. Chavez”) on March 23, 2023. On May 15, 2023, Plaintiff obtained Courierrx's default. On July 13, 2023, CourierRx filed the i...
2023.08.14 Motion to Deem RFAs Admitted 790
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2023.08.14
Excerpt: ...r compelling responses to discovery. Plaintiff propounded Request for Production of Documents (“RPDs”), set one on Defendant Malachi Rashid Mapps (“Mapps”) on November 21, 2022. (Mot. Decl. Boris ¶ 4; Exh. A.) On April 7, 2023, Plaintiff's counsel emailed defense counsel requesting responses by April 17, 2023. (Id. at ¶ 5; Exh. B.) On April 10, 2023, defense counsel responded that they were unable to locate Defendant Mapps and therefore...
2023.08.14 Motion to Compel Mental Exam 664
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2023.08.14
Excerpt: ...tion against Defendant Robert Wu (“Defendant”) for damages arising from a motor vehicle v. bicycle incident in which Plaintiff George was allegedly thrown to the pavement after colliding with Plaintiff's vehicle, whereupon he suffered multiple traumatic injuries. At this time, Defendant moves for an order compelling Plaintiff George to appear for a mental examination. Any opposition was due on or before August 1, 2023. No opposition was filed...
2023.08.14 Motion for Terminating Sanctions 411
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2023.08.14
Excerpt: ...nst Leila Dvalishvili (“Defendant”) for injuries arising from a motor vehicle incident. At this time, Defendant moves for terminating sanctions to dismiss Plaintiff's action due to Plaintiff's failure to comply with the Court's April 13, 2023 order compelling responses to Defendant's set one of form interrogatories, special interrogatories, and request for production of documents (“RPDs”), within twenty days of the hearing. Plaintiff is i...
2023.08.14 Demurrer, Motion to Strike 234
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2023.08.14
Excerpt: ...dants Dollar Tree Stores, Inc, Park Aliso Commercial Center, LTD, Watt Properties, Inc. and City of Mission Viejo for injuries related to Plaintiff allegedly stepping on a water meter box lid and her foot going through the lid and into the box. On September 4, 2019, Dollar Tree Stores, Inc. filed a cross-complaint for express indemnification, equitable indemnification, equitable contribution, and declaratory relief against Roes 1-24. In December ...
2023.08.09 Motion to Compel Physical Exam 433
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2023.08.09
Excerpt: ...ing and Jose F Escobar Martinez for damages arising out of an automobile accident. At this time, Defendants move to compel Plaintiff to appear for a physical examination with Defendants' expert, Paul Kaloostian, M.D., neurosurgeon, to take place at 42283 10th Street West, Suite 107, Lancaster, CA 93534, on a date and time certain within 30 days of the Order of this Court. Defendants also request sanctions. Plaintiff opposes the motion and also re...
2023.08.07 Motions to Compel Discovery, Deposition 419
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2023.08.07
Excerpt: ... North America Inc. (“BP Products”) and Tesoro Refining & Marketing Company LLC (“Tesoro”) (collectively, “Defendants”) propounded set one of form interrogatories, special interrogatories, and request for production of documents (“RPDs”) on Plaintiff Gerardo Rodriguez-Huerta (“Plaintiff”) on August 9, 2022 via U.S. mail. Plaintiff's responses were due on or before September 15, 2022. On November 21, 2022, defense counsel maile...
2023.08.04 Motion to Compel Physical Exam 858
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2023.08.04
Excerpt: ...sidential LP (“Defendant”) for damages arising out of fall when Plaintiff's foot fell into a hole. Defendant noticed a physical examination of Plaintiff five times, setting the examinations for October 19, 2021, January 31, 2022, March 29, 2022, August 16, 2022, and most recently January 6, 2023. Plaintiff did not appear for any of the examinations. At this time, Defendant moves to compel Plaintiff's physical examination. Defendant also seeks...
2023.08.04 Motion to Authorize Deposition of Prisoner and to Testify in Civil Action 424
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2023.08.04
Excerpt: ... (“Defendants”) filed this motion to authorize the remote deposition of Defendants' non- retained expert Randy Scott Rosen, M.D. (“Dr. Rosen”) who is presently confined in state prison at California Department of Corrections and Rehabilitation, Sugar Pine Conservation Camp #9 (“Sugar Pine”), or in the alternative authority to depose Dr. Rosen at Sugar Pine with a court reporter. Defendants request the deposition of Dr. Rosen to take p...
2023.08.03 Motion to Compel Deposition 771
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2023.08.03
Excerpt: ...dant”), initially set to be heard on July 21, 2023. Defendant filed an opposition, and Plaintiff filed a reply. The Court previously reviewed the papers and noted that the parties agreed to and set Defendant's deposition for July 26, 2023. (Min. Order July 21, 2023.) Accordingly, the Court briefly continued this motion to August 3, 2023, and ordered Plaintiff to notify the Court at least five (5) court days prior to the rescheduled hearing date...
2023.08.03 Motion for Summary Judgment 110
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2023.08.03
Excerpt: ...ent and Royal Dutch Shell PKC for injuries Plaintiff sustained after falling at Defendant's property located at 2477 Lomita Blvd., Lomita, CA 90717, because of an alleged dangerous condition. Plaintiff alleges that on August 15, 2021, as she was walking near gasoline pump, “she stepped on an unknown substance on the floor causing her to slip and fall,” which caused her injury. (Complaint p. 4, 5.) The operative complaint alleges causes of act...
2023.08.02 Application for Good Faith Determination of Settlement 059
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2023.08.02
Excerpt: ...Van Tran and Tymond Tran for damages arising from a motor vehicle accident. Plaintiff alleges Dung Van Tran negligently rear-ended Defendants' vehicle into Plaintiff's vehicle. Defendants Dung Van Tran and Tymond Tran (collectively, the “Trans”) filed a cross-complaint against Uber Technologies, Inc. (“Uber") and Portier, LLC (collectively, the “Uber Defendants”) asserting claims for equitable indemnity, contribution and apportionment o...
2023.08.01 Motion to Deem RFAs Admitted 805
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2023.08.01
Excerpt: ...gatories, special interrogatories, and request for admissions (“RFAs”) on Antionette Williams (“Plaintiff”) on October 10, 2022. The responses were due on or before November 22, 2022. To date, despite an attempt to meet and confer regarding the lack of responses and request for responses without objections no later than November 30, 2022, Plaintiff has not served responses. Defendant therefore seeks an order compelling Plaintiff to respon...
2023.08.01 Motion for Summary Judgment 419
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2023.08.01
Excerpt: ..., County of Los Angeles, California Department of Transportation for damages relating to injuries Plaintiff sustained on January 20,2021 when “all of a sudden the wheel of Plaintiff's bicycle struck an uneven and/or raised and/or broken and/or deteriorating sidewalk and/or walkway” which caused Plaintiff to fall. (Compl. ¶ 5.) The operative complaint alleges a single cause of action premises liability against defendants pursuant to Governmen...
2023.08.01 Motion for Leave to File FAC 061
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2023.08.01
Excerpt: ...iranda (“Julie”), and Does 1-25 for damages arising from an automobile incident. Trial is currently set for March 6, 2024. At this time, Plaintiff moves to amend the Complaint to add Rachel Anne Miranda, the driver of the vehicle who impacted Plaintiff's vehicle, as a defendant in the action. Defendant Julie opposes the motion. 2. Motion for Leave to File First Amended Complaint CCP § 473(a)(1) provides, in relevant part: “The court may, i...
2023.07.31 Motion to Continue Trial Date 762
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2023.07.31
Excerpt: ...r damages arising out of a trip and fall on a sidewalk.¿The current trial date is September 18, 2023. On February 3, 2022, Plaintiff filed a First Amended Complaint (“FAC”) adding Jilk Heavy Construction Inc. as a defendant. On November 14, 2022, Plaintiff dismissed the County of Los Angeles. Defendants City of Los Angeles and Jilk Heavy Construction Inc. (“Defendants”) now move to briefly continue the current trial date by six months so...
2023.07.31 Motion to Compel Deposition 174
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2023.07.31
Excerpt: ...ena Meloyan's (“Plaintiff”) deposition. Defendant noticed Plaintiff's deposition for Fe bruary 24, 2023 and most recently on June 7, 2023. Defense counsel avers that both depositions did not move forward because Plaintiff's counsel advised that they had calendar conflicts. (Mot. Decl. Macksoud, ¶ 8.) Defense counsel declares they attempted to meet and confer with Plaintiff's counsel multiple times, and that Plaintiff's counsel stated they wo...
2023.07.31 Motion to Compel Arbitration 907
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2023.07.31
Excerpt: ...pez (“Lopez”) (collectively, “Plaintiffs”) filed this action against Defendants Lyft, Inc. (“Lyft”), Barrett Jeffers, and Jane Doe for damages arising from a motor vehicle accident that occurred on or about June 25, 2021. At this time, Lyft moves to compel arbitration and stay the action. Any opposition was due on or before July 18, 2023. To date, no opposition has been filed. Lyft provides that Plaintiffs used the Lyft application pl...
2023.07.31 Motion for Summary Judgment 342
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2023.07.31
Excerpt: ...e, Inc. dba Dreier's Nursing Center, erroneously sued as Dreir's Nursing Care Center, (“Defendant”) for general negligence 1. The complaint alleges that on May 11, 2019, Plaintiff was injured in Defendant's facility when Defendant's employee negligently and carelessly operated the wheelchair in the hallway, which struck an uplift in the flooring and catapulted Plaintiff from his wheelchair. Defendant now moves for summary judgment. Any opposi...
2023.07.27 Motion to Dismiss 004
Location: Los Angeles
Judge: Kim, Michelle
Hearing Date: 2023.07.27
Excerpt: ...nforce discovery, and to establish jurisdiction, over this Uninsured/Underinsured (“UM/UIM”) Motorist Arbitration claim pursuant to Insurance Code Section 11580.2 against Respondent Jocelyn Howell (“Respondent”). Petitioner alleges that it issued an automobile insurance policy to Respondent which included UM/UIM motorist coverage. Petitioner alleges that Respondent made a claim for UM/UIM motorist arbitration arising out of a motor vehicl...

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