Excerpt: ... ad litem Marielu Barr (“Plaintiffs”) filed this action against Defendants Lyft, Inc. (“Lyft”), Ayalnesh Tessema, Raquel Rosasarmijo for damages arising from an automobile incident. At this time, Plaintiffs move to compel the deposition of Lyft's Person Most Qualified (“PMQ”). Lyft opposes the motion, and Plaintiffs filed a reply. II. Motion to Compel Deposition CCP § 2025.450(a) provides, “If, after service of a deposition notice,...

Excerpt: ...et al. for damages arising from a trip and fall. On April 5, 2022, Defendant AMF Bowling Centers Inc., erroneously sued as Bowlmor Santa Monica, (“AMF”) filed a Notice of Removal of the action to the United States District Court for the Central District of California, Western Division. On March 1, 2023, no parties appeared at the hearing regarding the Status of Removal to Federal Court. At that time, because no parties filed a status report, ...

Excerpt: ...n against Defendant Los Angeles Metropolitan Transportation Authority (“Defendant”) for damages arising from a motor vehicle incident. On March 20, 2023, this matter was called for a non-jury trial, and after no appearances or contact by either party, the Court dismissed Plaintiff's complaint without prejudice. (Min. Order, March 20, 2023.) On April 4, 2023, Plaintiff filed the instant motion to set aside the dismissal. On January 16, 2024, D...

Excerpt: ...nst Defendant Caitlin M. Bishop (“Defendant”) for damages arising from a motor vehicle incident. On March 23, 2023, this matter was called for a non-jury trial, and after no appearances or contact by either party, the Court dismissed Plaintiffs' complaint without prejudice. (Min. Order, March 23, 2023.) On September 20, 2023, Plaintiffs filed the instant motion to set aside the dismissal. II. Motion to Set Aside Code Civ. Proc. (“CCP”) §...

Excerpt: ...arising from a motor vehicle accident. Trial is currently set for February 29, 2024. Defendant, at this time, moves for an order compelling Plaintiff to submit to an independent medical examination (“IME”). Plaintiff opposes the motion on the grounds that the examination is further than 75 miles from her home. II. Motion to Compel IME Defendant seeks an order that Plaintiff appear for an IME with Luke Macyszyn, M.D., M.A (“Dr. Macyszyn”)....

Excerpt: ...Defendants Los Angeles Unified School District and County of Los Angeles when a gate fell on Plaintiff. On April 21, 2022 and January 20, 2023, Plaintiff dismissed the County of Los Angeles and Los Angeles Unified School District. On December 22, 2022, Plaintiff filed amendments to complaint naming A-1 Fencing as Doe 1 and Turner Construction as Doe 2. At this time, Plaintiff seek leave to file a First Amended Complaint (“FAC”) to allege caus...

Excerpt: ..., on Jose Noyola (“Defendant”) on August 16, 2023. After not receiving responses, Plaintiff's counsel sent a meet and confer letter. On October 20, 2023, defense counsel stated they would provide responses on October 23, 2023. However, to date, no responses were served. Plaintiff therefore seeks an order compelling Defendant to respond, without objections, to the outstanding discovery and to pay sanctions. The motions were initially heard on ...

Excerpt: ...file for purposes of obtaining jurisdiction over this uninsured motorist arbitration (UIM) matter between Progressive and Claimant Nicholas Pfeiffer (“Claimant”). On April 25, 2022, Claimant served Progressive with an offer to compromise per CCP §998 in the amount of $84,999.99. (Calendo Decl. Exh. B.) On September 12, 2022, Progressive served Claimant with an offer to compromise per CCP §998 in the amount of $15,001.00. (Id. at Exh. C.) On...

Excerpt: ...od Samaritan Hospital (“Defendant”) for damages arising from a fall on Defendant's property. Plaintiff alleges an altercation occurred between another patient and Defendant's security guard, and during the altercation, the security guard pushed the patient into Plaintiff, which caused Plaintiff to fall on hospital equipment and break her hip. The complaint sets forth causes of action for (1) assault and battery and (2) negligence. The complai...

Excerpt: ...ndant Smart & Final Stores, LLC (“Smart & Final”) for damages arising from an assault by a third party while outside of the Smart & Final store. Plaintiff sets forth two causes of action for premises liability and general negligence. At this time, Plaintiff seeks leave to file a First Amended Complaint (“FAC”) to add Lincoln LT, Inc. (“Lincoln”) as a new defendant to the action. As of January 12, 2024, the motion is unopposed. II. Mot...

Excerpt: ...ff”) filed this action against Defendants Nandha Transport Inc. (“Nandha”), Terry Lee Hunsicker (“Hunsicker”), and Pan Liu Zhao (“Zhao”) for injuries arising from a motor vehicle incident. On November 1, 2023, Zhao filed a Notice of Settlement. Zhao concurrently filed an application for an order determining the settlement between Plaintiff and Zhao for $250,000 to be in good faith under CCP § 877.6. On November 17, 2023, Nandha and...

Excerpt: ...eposition of Plaintiff Maria Morales Garcia (“Plaintiff”) at the office of defense counsel located at 5001 Airport Plaza Drive, Suite 240, Long Beach, CA 90815, and requests monetary sanctions. Plaintiff opposes the motion, and Defendant filed a reply. 1. Moving Argument Defendant contends it noticed Plaintiff's in-person deposition five times, but Plaintiff did not formally object to any of the deposition notices or appear for any of the not...

Excerpt: ...ction against Defendants Melissa Rodriguez and Sintia Maldonado (“Defendants”) for a subrogation claim arising from a motor vehicle incident, wherein Plaintiff paid for damages on behalf of its insured. On October 8, 2019, the Court dismissed the action pursuant to the stipulation for conditional settlement and entry of judgment between Plaintiff and Defendants. The Court retained jurisdiction over the action pursuant to Code Civ. Proc., sect...

Excerpt: ...g”), individually and as Administrator for the Estate of Lisa Sakamoto, and Yung Soo Kang (collectively, “Plaintiffs”) filed this action against Defendant, Maxwell Cheng (“Defendant”) for wrongful death arising from an automobile v. pedestrian collision. Defendant now moves for summary judgment pursuant to CCP § 664.6 on the grounds that Plaintiffs entered into an enforceable settlement agreement with Defendant to settle their claims f...

Excerpt: ...r Street Associates, Richard C. Lewis, and Allied Universal Executive Protection, Intelligence Services, Inc., and Does 1 to 50 for damages arising from an assault and battery, alleging that defendants failed to provide adequate security to protect Plaintiff on the premises. Plaintiff filed amendments to complaint naming Allid Universal Topco, LLC as Doe 1, Universal Protection Serve, LP as Doe 2, ABM V Parking Services, LLC as Doe 3, and ABM Ind...

Excerpt: ...es, Amrit Raj, and Astha Raj for injuries arising from a trip and fall over a sidewalk. Trial is currently set for March 4, 2024. Defendants Amrit Raj and Astha Raj (“the Rajs”) now move to continue the current trial date and all related dates by approximately 8 months to allow their motion for summary judgment (“MSJ”) to be heard prior to trial. Plaintiff opposes the motion, and the Rajs filed a reply. II. Legal Standard Although continu...

Excerpt: ...November 6, 2023, Defendant Ziggy Capapas Fortich (“Defendant”) propounded form interrogatories, set three, on Plaintiff Melissa Jimenez (“Plaintiff”). (Mot. Decl. Bandhold ¶ 5; Exh. B.) Responses were due by December 8, 2023. (Id. at ¶ 6.) After sending a meet and confer letter to Plaintiff's counsel on December 11, 2023, Defendant granted Plaintiff an extension up and until December 18, 2023 to serve verified responses. (Ibid.) Plaint...

Excerpt: ...nt Kenneth Douglas Kochakji (“Defendant”) for damages arising from a motor vehicle vs. pedestrian accident. On April 7, 2023, Plaintiff filed an amendment to complaint, naming Ann Kochakji as Doe 1. Trial is currently set for February 20, 2024. On October 26, 2023, Plaintiff filed the instant motion for an order compelling Defendant to produce all materials related to the neuropsychological evaluation of Plaintiff by defense expert Dr. Kyle B...

Excerpt: ...(“Plaintiffs”) filed this action against Defendants Lebleuchateau dba Burbank Senior Villa West (“LBC”), Burbank Senior Villa West, Trion Solutions Inc. (“Trion”), Kornland Building, and Paul Lawrence Dunbar Haney IV (“Haney”) for wrongful death (Labor Code §3601) and premises liability. Plaintiffs, the parents of Decedent Moncerrat Vargas (“Decedent”), allege Decedent was an employee of LBC/Trion, wherein Decedent was stabbe...

Excerpt: ...ndant RSSN, Inc. dba Sage Restaurant and Lounge (“Defendant”) for damages arising from a slip and fall. Default was obtained on March 7, 2023, and default judgment entered on September 8, 2023 On September 1, 2023, Defendant filed its Answer to Plaintiff's complaint. On October 10, 2023, Defendant filed the instant motion to set aside default and default judgment on the grounds of equitable relief. Plaintiff opposes the motion, and Defendant ...

Excerpt: ...“Defendant”) for damages arising from alleged improper disposal of hypodermic needles in a trash bag, wherein Plaintiff alleges she sustained a needle stick injury with exposure to body fluid while removing a trash bag from a trash bin on Defendant's property. Defendant, at this time, moves to augment its expert designation to include Kaochoy Saechao, M.D. (“Dr. Saechao”) as a non-retained expert witness. Defendant asserts that it did not...

Excerpt: ...s action against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) for injuries arising from a bus v. motor vehicle incident. Plaintiff alleges Defendant's bus attempted to merge into traffic without use of a turn signal, and collided with Plaintiff's vehicle. Plaintiff now moves to compel Defendant to produce documents to Plaintiff's demand for production of documents with the deposition notice of Defendant's b...

Excerpt: ...lan Sellers, and the City of Santa Monica (“the City”) for damages arising from a motor vehicle vs. pedestrian accident. Plaintiff alleges that on July 23, 2021, Lily was operating a motor vehicle owned by Dylan, when she struck Plaintiff while Plaintiff was crossing the street in a marked crosswalk. Plaintiff alleges the City failed to maintain the crosswalk and created a dangerous condition of public property. On December 7, 2023, the City ...

Excerpt: ...intiff”) filed this action against Defendant California Highway Patrol (“CHP”) and Sergeant Lee for damages arising from a motor vehicle v. bicycle incident. On November 8, 2022, CHP filed its Answer to Plaintiff's complaint. At this time, CHP seeks leave to file a First Amended Answer (“FAA”) to Plaintiff's complaint to include an affirmative defense regarding liability of Plaintiff and Plaintiff's parents for allegedly violating sever...

Excerpt: ... Defendants, M-4 Apartments, L.P. (“M-4”), 13119 Moorpark, L.P. (“13119 Moorpark”), Valley Meadow Investments, LLC (“Valley Meadow”), Larr Investments, L.P. (“Larr”), Roger D. Friedman, and Linda A. Friedman, for failure to remedy uninhabitable conditions due to water intrusions in Plaintiffs' rental unit. On November 15, 2023, Plaintiffs filed the operative First Amended Complaint (“FAC”) against Defendants for the following ...

Excerpt: ...iff, Marvin Fetalino, as trustee of the MF Hero Trust, filed a Complaint against Defendants, Stephen Snyder (“Snyder”)[1] and 3327 Ione, LLC (“Ione”), for breach of an investment agreement in the sum of $50,000. Plaintiff filed a proof of service showing Snyder was served with the summons and complaint by substituted service on August 31, 2023. Plaintiff served the clerk of Snyder's private mailbox at 14622 Ventura Ave, #10, PMB 2237, She...

Excerpt: ...agid aka Roberta A. Magid and Gregory Philip Segal (“Defendants”) propounded requests for admissions (“RFAs”), set one, on pro per Plaintiff Elis Ismael Castro (“Plaintiff”) on February 1, 2023 by mail. (Mot. Decl. Aloyan ¶ 4; Exh. A.) Responses were due on or before March 8, 2023. (Ibid.) To date, Plaintiff has not responded to Defendants' meet and confer letter or served responses. (Id. at ¶ 5.) The RFAs were mailed to Plaintiff's...

Excerpt: ...��) and Does 1-20 for injuries arising from an alleged pothole/gap in the road. Plaintiff alleges he was riding his bicycle down Coldwater Canyon Drive when his bicycle ran into a pothole/gap in the road, causing him to crash his bicycle and sustain injuries on August 21, 2020. (FAC at ¶ 9.) Plaintiff sets forth a single cause of action for dangerous condition of public property (Gov. Code § 835). The City now moves for summary judgment. Plaint...

Excerpt: ...otion to Compel Defendant Cynthia Davoodian ("Defendant”) propounded form interrogatories, set two, on Plaintiff Maikel Zehavi (“Plaintiff”) on January 23, 2023. After receiving no response, on March 10, 2023, defense counsel sent a letter to Plaintiff's counsel requesting verified responses to discovery. On March 10, 2023, Plaintiff's counsel requested a copy of the discovery be resent, which defense counsel provided. Plaintiff has not ser...

Excerpt: ...action against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) for injuries arising from a bus v. motor vehicle incident. Plaintiff alleges Defendant's bus attempted to merge into traffic without use of a turn signal, and collided with Plaintiff's vehicle. Plaintiff now moves to compel Defendant to produce documents to Plaintiff's demand for production of documents with the deposition notice of Defendant's bus...

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

Excerpt: ...dants Teresa Montes De Oca and Robert Martinez for damages arising from a fall over an alleged dangerous condition. Trial is currently set for November 18, 2024. At this time, Plaintiff seeks leave to file a First Amended Complaint (“FAC”) to assert causes of action for Breach of Statutory Obligation, Negligent Exercise of Retained Control, Negligence, and Premises Liability. The motion is unopposed. The motion was previously heard on Decembe...

Excerpt: ... (“City”) for injuries relating to Plaintiff's trip and fall on a broken upraised sidewalk located on the north sidewalk of Moorpark St. approaching Beeman Ave. The complaint alleges causes of action for general negligence and premises liability. Preliminary, the City filed its Answer to Plaintiff's complaint on July 23, 2020. However, after the Court set a trial date and without obtaining leave of the Court, on June 8, 2021, the City filed a...

Excerpt: ...s action against Defendants Eduar's Construction and 314 Rowland, LLC (“Defendants”) for damages arising from a slip and fall. On April 13, 2022, Plaintiff obtained Defendants' default. On April 18, 2022, Defendants' filed their Answer to Plaintiff's complaint. On June 30, 2023, Defendants filed the instant motion to set aside the default on the grounds of equitable relief, averring that they did not realize they were in default at the time t...

Excerpt: ...geles, and Jilk Heavy Construction, Inc. for damages arising from a trip and fall on a sidewalk. Plaintiff dismissed the County of Los Angeles. Defendants City of Los Angeles (“City”) and Jilk Heavy Construction, Inc. (“Jilk”) (collectively, “Defendants”) now move for terminating sanctions against Plaintiff to dismiss Plaintiff's complaint, or in the alternative, evidentiary sanctions to preclude certain witnesses from testifying at t...

Excerpt: ...ty of Los Angeles, and State of California for an alleged dangerous condition of public property, wherein Plaintiff fell when she rode her bicycle over a non-cross-hatched vertical grate. Plaintiff alleges the non-cross-hatched vertical grate in the bike lane of westbound Florence Ave. near the intersection of Emil Avenue constituted a dangerous condition. (Compl. ¶ 10.) Plaintiff filed amendments to complaint, naming the City of Los Angeles as ...

Excerpt: ...ued as Bermuda Manufactured Home Park, (“Defendant”) moves to compel Plaintiff Aida Brackens (“Plaintiff”) to appear for her deposition and to pay monetary sanctions. Defendant noticed Plaintiff's deposition for February 3, 2023. Plaintiff did not object to the deposition notice, and the day before the deposition date, defense counsel attempted to contact Plaintiff's counsel regarding whether Plaintiff would appear. Plaintiff's counsel re...

Excerpt: ...ir Agaliyev (“Defendant”). Defendant opposes the motion. As of December 14, 2023, no reply was filed. 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 to appear for examination, or t...

Excerpt: ...on against Defendant R-Ranch Market, Inc. dba Bodega “R” Ranch for damages arising from a slip and fall on a foreign substance on the floor. Default was entered on May 5, 2023, and default judgment entered on August 25, 2023. On October 26, 2023, Defendant HAFSA Corporation dba R-Ranch Market, erroneously sued as R-Ranch Market, Inc. dba Bodega “R” Ranch, (“Defendant”) filed the instant motion to set aside the default and default judg...

Excerpt: ...ges arising from a dog bite. On July 31, 2018, Blanca Schlup (“Schlup”) and Martha Bautista (“Bautista”) filed a cross-complaint against Jack Colocho, Denise Colocho, and Catalina Colocho. On March 30, 2021, Plaintiff settled with defendants Schlup and Bautista. Plaintiff dismissed Schlup, Bautista, and all unnamed Doe Defendants. On October 11, 2023, Schlup and Bautista (collectively, “Cross-Complainants”) moved to set aside default ...

Excerpt: ...laint (“SAC”) against Defendants Nicolas Jacobi (“Jacobi”), The Turning Guide (“TTG”), and Howard Tyrone Ferguson (“Ferguson”) (collectively, “Defendants”) for damages arising from a motor vehicle accident. Plaintiff alleges Jacobi suffers from epilepsy and while driving, Jacobi blacked out and lost control of his vehicle. At the time, Plaintiff was a backseat passenger in Jacobi's vehicle. Jacobi's vehicle then struck a tour ...

Excerpt: ...Dyer (“Defendant”) for damages arising from a July 3, 2021 automobile collision. The complaint alleges that Defendant left an unattended vehicle blocking the lane without warning or taillights on, causing the collision. (Compl. at p. 4.) Defendant, at this time, seeks to quash a deposition subpoena and subpoena for production of business records issued by Plaintiff to M. Constance Calvin (“Calvin”)/California Highway Patrol (“CHP”). P...

Excerpt: ...ainst Defendant Golf & Tennis Management, Inc. dba Westlake Golf Course for damages arising from an alleged off-centered wheel stop on a parking lot. The complaint alleges causes of action for general negligence and premises liability. Plaintiff alleges the wheel stop was near the dirt path close to the driving range used by persons to enter and exit that general location, and that the off-centered wheel stop created a dangerous condition. (Compl...

Excerpt: ...t Defendants City of Los Angeles, County of Los Angeles, Kingsley Project, LLC, SAC-MM Properties LLC for damages arising from a trip and fall on a sidewalk. Trial is currently set for September 24, 2024. At this time, Plaintiff seeks leave to file a First Amended Complaint (“FAC”) to correct the alleged location of the incident. The motion is unopposed. Initially, this matter was set to be heard on December 4, 2023. However, the Court briefl...

Excerpt: ... 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, and Palos Verdes Peninsula Unified School District (“District”) for injuries caused by a sidewalk, which Plaintiff alleges ejected him from his bicycle and caused injury on September 26, 2020. The District, a public entity, now demurs to Plaintiff's FAC, argu...

Excerpt: ...rking Concepts, Inc. for damages arising from a trip and fall on a concrete parking block. Plaintiff filed an amendment to complaint naming CA-Lats South, LLC (“CA-Lats”) as Doe 1. Plaintiff now moves for relief from the waiver of its objections to discovery propounded by CA- Lats. Plaintiff avers that her untimely responses to CA-Lats' set one of form interrogatories, special interrogatories, request for admissions (“RFAs”), and request ...

Excerpt: ...rising from an automobile collision. The complaint alleges a single cause of action for general negligence. On October 13, 2023, Kevorkova filed a cross-complaint against Pool, alleging causes of action for motor vehicle and general negligence. Pool now demurs to Kevorkova's cross-complaint, arguing the cross-complaint lacks sufficient facts to constitute a claim. The motion is unopposed. II. Demurrer A. Meet and Confer Under Code of Civil Proced...

Excerpt: ...C Madison Lomita LLC filed the instant motion to compel Plaintiff Eva Mayes (“Plaintiff”) to appear for her deposition thirty days from the hearing date. Preliminary, the Court notes that Plaintiff filed a request for dismissal of Regents on November 21, 2023, which was entered on November 22, 2023. Therefore, the motion as it pertains to Regents is moot, and the Court will only address arguments as it relates to CDC Madison Lomita LLC (“De...

Excerpt: ...gatories, set one, and special interrogatories, set one, and request for production of documents (“RPDs”), set one, on Plaintiff Patricio Harris (“Harris”) on August 10, 2023. Responses were due on or before September 13, 2023. Uber's counsel granted Plaintiff Harris' request for an extension up to September 27, 2023 to provide discovery responses. Responses were not served. Uber avers it attempted to meet and confer with Plaintiff's coun...

Excerpt: ...gainst Defendant, Sun Real Estate Investments, LLC (“Defendant”) and for injuries arising from a trip and fall on Defendant's property. Plaintiff asserts that on September 19, 2023, Defendant issued subpoenas to fifteen of Plaintiff's treating providers seeking medical, billing records, and radiological records concerning Plaintiff. Plaintiff, at this time, moves to quash the subpoena on the grounds that the subpoenas are overbroad. Defendant...

Excerpt: ...a (“City”) and Eugene Winthrop Warren, Jr. for damages arising from a bus v. motor scooter accident.¿ The City now moves for an order requiring Plaintiff to post an undertaking in the sum of $62,515 pursuant to CCP § 1030. Plaintiff opposes the motion, and the City filed a reply. II. Motion to Require Plaintiff to File an Undertaking 1. Legal Standard In an action or special proceeding brought by a nonresident plaintiff, the defendant may a...

Excerpt: ... action against Defendants Toussain Dumetz Maupin and Breana Dowdy for damages arising from a motor vehicle incident. On August 28, 2023, this matter was called for a non-jury trial, and after no appearances by or for either party, the Court dismissed Plaintiffs' complaint without prejudice. (Min. Order, Aug. 28, 2023.) On August 28, 2023, the same day as the dismissal, Plaintiffs filed the instant motion to set aside the dismissal.¿¿¿ II. Mot...

Excerpt: ...”) for injuries arising from a slip and fall on an unknown clear substance at Defendant's store on January 21, 2021. Defendant now moves the Court for an order compelling Plaintiff to provide further responses to Defendant's supplemental form interrogatories, supplemental special interrogatories, and supplemental demand for production of documents. II. Informal Discovery Conference (“IDC”) Per the Eight Amended Standing Order for Procedures...

Excerpt: ...) against defendants City of Los Angeles (“City”), Jacob Jahan and Simon Djahanbani for injuries arising from a trip and fall on the sidewalk. Trial in this matter is currently set for March 27, 2024. On September 26, 2023, Jacob Jahan and Simon Djahanbani (“Moving Party”) filed the instant motion for summary judgment against Plaintiff's Complaint and City's Cross-Complaint for indemnity. Plaintiff opposes the motion. II. Motion for Summa...

Excerpt: ...fendants Fernandez Perez Mulgado (“Mulgado”) and FM Perez Transport Inc. (“FM”), (collectively, “Defendants”) for damages arising from an automobile accident. The complaint alleges causes of action for (1) motor vehicle, (2) general negligence, (3) “Violation of Vehicle Code 20001(a) – Misdemeanor Hit and Run” against Mulgado only, and (4) Intentional Infliction of Emotional Distress against Mulgado only. The judicial form compl...

Excerpt: ... set one, and (3) request for production of documents (“RPDs”), set one, on Plaintiff Eric Maldonado (“Plaintiff”) on June 8, 2022. On October 6, 2022, Plaintiff served unverified responses to the propounded discovery. On January 20, 2023, Defense counsel send a meet and confer correspondence to Plaintiff's counsel requesting verified and substantial responses by February 3, 2023. To date, Plaintiff has not served verified responses to th...

Excerpt: ...fendant Michael Evich Kirsanov (“Defendant”) for damages arising from a motor vehicle incident. Trial is currently set for March 4, 2024. At this time, Defendant seeks leave to file a First Amended Answer (“FAA”) to Plaintiff's complaint to include an affirmative defense based on prelitigation settlement of Plaintiff's claims. The motion is unopposed. II. Motion for Leave to File First Amended Complaint CCP § 473(a)(1) provides, in relev...

Excerpt: ...nt State of California and Does 1 through 50 for the death of Asherey Shatonia Ryan (“Decedent”) in an automobile collision. The First Amended Complaint (“FAC”) asserts a single cause of action for negligence. The FAC provides that Plaintiff is the successor-in-interest to Decedent, who was killed in a traffic collision caused by Nicole Lorraine Linton. (“Linton”). Defendant State of California (“Defendant”) now demurs to the FAC,...

Excerpt: ...ing, Inc. (“Automac”) for damages arising from a slip and fall on water near the hallway and/or stairwell area of 200 Pine Ave., Long Beach, CA 90802 on February 17, 2020. Plaintiff sets forth two causes of action for general negligence and premises liability. Plaintiff filed amendments to complaint naming Octopus Japanese Cuisine, Inc. as Doe 1, Octopus Restaurant Long Beach, Inc. (“Octopus Restaurant”) as Doe 2, and Riverrock Real Estat...

Excerpt: ...nt”) for damages arising from a motor vehicle incident. At this time, Defendant moves for an order compelling Plaintiff to appear for an examination with Paul E. Kaloostian, M.D., FAANS, FACS (“Dr. Kaloostian”) at 960 E Green St, Suite 320, Pasadena, CA 91106 on a date and time of Dr. Kaloostian's availability. Defendant additional requests monetary sanctions. Any opposition was due on or before November 30, 2023; none was filed. II. Motion...

Excerpt: ...Rexdeo Properties LTD dba Rexdeo Apartments and Envoy Properties Inc. (“Defendants”) for damages arising from a slip and fall on a common area walkway of an apartment building owned and managed by Defendants. At this time, Plaintiff moves for an order of compelling Defendants to produce Eric S. Millstein, M.D.'s (“Dr. Millstein”) defense medical examination report concerning Plaintiff's physical examination that is code-compliant with Cod...

Excerpt: ... Castellanos (collectively, “Plaintiffs”) filed this action against Defendants, Tamir Benyun (“Benyun”), Oz Pilo, and 911 Attic Remodeling, Inc. for damages arising from a motor vehicle accident. On August 18, 2023, Plaintiffs filed proof of service of the summons and complaint showing substitute service on Benyun alleging the documents were left with a co-occupant “Jane Doe”, at 5274 Campo Rd., Woodland Hills, CA 91364 (“Campo Addr...

Excerpt: ...s and Recreation, County 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 or near Live Oak Park, 10144 Bogue St., Temple City, CA 91780. Temple City filed a cross-complaint against Roes 1 to 20 for equitable indemnity/contribution (against Roes 1 t...

Excerpt: ...) filed this action against VCA Inc. (“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. On September 6, 2023, Inouye filed the instant motion for an order requiring Plaintiff to post an undertaking in the sum of $58,000 pursuant to CCP § 1030. Plaintiff opposes th...

Excerpt: ...oa (“Figueroa”) propounded form interrogatories, set one, and request for production of documents (“RPDs”), set one, on Cross-Defendant Artem Kazaryan (“Kazaryan”) on March 13, 2023. Additionally, Figueroa propounded interrogatories, set two, on Kazaryan on July 5, 2023. On July 24, 2023, Kazaryan served unverified responses to the propounded discovery. After sending meet and confer correspondence to Kazaryan's counsel, there has been...

Excerpt: ...araat Moller and Curtis Dailey (“Defendants”) for damages arising from an automobile accident. At this time, Defendants move to compel non-party Heights Surgical Institute (“Heights Surgical”) to produce its billing person most knowledgeable (“PMK”) and produce documents pursuant to a deposition subpoena served on Heights Surgical, and for monetary sanctions. The motion is unopposed. II. Legal Standard 1. Procedural Per CRC 3.1346, wh...

Excerpt: ...Plaintiff”) attorney of record, Steven Ross / Downtown LA Law Group, LLP (“Counsel”), moves to be relieved as counsel contending relief is necessary because the attorney- client relationship has broken down. Counsel has attached a proof of service demonstrating service of the motion, declaration, and proposed order on Plaintiff and on Defendant California Department of Transportation. (Cal. Rules of Court, rule 3.1362(d).) However, Californ...

Excerpt: ...dants Teresa Montes De Oca and Robert Martinez for damages arising from a fall over an alleged dangerous condition. Trial is currently set for November 18, 2024. At this time, Plaintiff seeks leave to file a First Amended Complaint (“FAC”) to assert causes of action for Breach of Statutory Obligation, Negligent Exercise of Retained Control, Negligence, and Premises Liability. The motion is unopposed. II. Motion for Leave to File FAC CCP § 47...

Excerpt: ...ainst Defendants Miguel A. Lopez (“Lopez”), Lucia Aguiluz (“Aguiluz”), Uriel Morales Villanueva, Antonio Villanueva, and Does 1 to 50 for damages arising from a motor vehicle accident. Defendant Aguiluz is the owner of the vehicle involved in the incident. On June 30, 2022, Plaintiff dismissed all defendants except for Lopez and Aguiluz (collectively, “Defendants”). Plaintiff seeks a default judgment against Lopez and Aguiluz in the t...

Excerpt: ...liability, negligence, breach of warranty (expressed and implied), negligence, and wrongful death arising from a vehicle collision with a pole that took place on November 19, 2018, and resulted in the death of Decedent Paula Bianca Udiong (“Decedent”). Plaintiffs' First Amended Complaint (“FAC”) alleges that Plaintiffs Angelo Udiong (“Angelo”), and Amada Udiong (“Amada”), Joshua Ancheta (“Ancheta”), were passengers in a Toyota...

Excerpt: ...ez (“Plaintiff”) filed this action against defendants Housing Authority of The City of Los Angeles and Does 1 to 50 for damages arising from a workplace injury. Plaintiff alleges he was employed by defendants as a third-party contractor 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 alleges he fell six stories in free fall when the elev...

Excerpt: ...d Complaint (“FAC”) against Michelle Proyect (“Defendant”) and Does 1 to 10, wherein Plaintiff alleges she fell after her left foot slipped between the space of concrete pavers on Defendant's property. On July 21, 2023, Defendant filed her Answer to the FAC. Defendant now moves for terminating sanctions against Plaintiff to dismiss Plaintiff's action by failing to serve verified discovery responses in compliance with the Court's August 16...

Excerpt: ... Beginnings Christian Discipleship (“New Beginnings”), GM Service & Management, and Does 1 to 25 for injuries Plaintiff sustained after falling from the second story of a building. At this time, Plaintiff moves again for terminating sanctions against New Beginnings for disobeying the Court's September 2, 2022 order compelling New Beginnings to serve verified responses to Plaintiff's set one of form interrogatories, special interrogatories, an...

Excerpt: ...ones, Heinrich Fernandez (collectively, “Plaintiffs”) filed this action against Defendants Roya Shookofy and Seyed Shayan Javaherian (“Defendants”) asserting negligence arising from an automobile incident which allegedly occurred on August 31, 2018 at El Toro Rd. in the County of Los Angeles. (Compl. at ¶ 8.) At this time, Defendants move to transfer venue to Orange County, arguing that the incident occurred in Orange County and that Def...

Excerpt: ...st for default judgment submitted on October 24, 2023 is GRANTED in the following amounts for the following reasons: This is an action wherein Plaintiff Rose Ramos (“Plaintiff”) alleges Josiah Dawson (“Dawson”) fired three or four gunshots into Plaintiff's vehicle, hitting Plaintiff on the left side of her chest with a bullet through her abdomen and liver. Sally Sanchez (“Sanchez”) is alleged to be Dawson's parent and or legal guardia...

Excerpt: ... special interrogatories, set one, and (3) request for production of documents (“RPDs”), set one, on Plaintiff Nico Quiros (“Plaintiff”) on August 17, 2022. Plaintiff's responses were due on or before September 20, 2022. After granting Plaintiff two 30-day extensions on October 19, 2022, and then on November 4, 2022, Plaintiff's counsel filed a motion to be relieved as counsel, which was heard and granted on January 18, 2023. On March 2, ...

Excerpt: ...u Barr (“Plaintiffs”) filed this action against Defendants Lyft, Inc. (“Lyft”), Ayalnesh Tessema, Raquel Rosasarmijo for damages arising from an automobile incident. At this time, Plaintiffs move to compel the deposition of Lyft's employee, Katye Coombs (“Coombs”). Lyft opposes the motion, and Plaintiffs filed a reply. 1. Moving Argument Coombs is an employee of Lyft, and signed the verification to Lyft's discovery responses as an aut...

Excerpt: ...ly Cline and Chad Allen Margolin (“Defendants”) for damages arising from a motor vehicle accident. On December 13, 2022, Defendants filed their Answer to Plaintiff's complaint, and filed a cross-complaint against Ursula Crovelto (“Crovelto”) and Roes 1 to 50 for indemnification, apportionment of fault, and declaratory relief. At this time, Defendants seek to file a first amended cross-complaint (“FACC”) to add American Honda Motor Com...

Excerpt: ...ole Foods Market California, Inc.", ("Defendant”) propounded (1) form interrogatories, set one, (2) special interrogatories, set one, and (3) request for production of documents (“RPDs”), set one, on Plaintiff Nico Quiros (“Plaintiff”) on August 17, 2022. Plaintiff's responses were due on or before September 20, 2022. After granting Plaintiff two 30-day extensions on October 19, 2022, and then on November 4, 2022, Plaintiff's counsel fi...

Excerpt: ...) for damages arising from a motor vehicle incident. At this time, Defendant moves for an order compelling Plaintiff to appear for an examination with neurologist Dr. Jeffrey Bounds (“Dr. Bounds”) at 11370 Anderson St., Suite B100, Loma Linda, CA 92354 on December 19, 2023 at 11:00 a.m. Defendant contends a neurological examination is necessary because Plaintiff claims traumatic brain injury from the incident. Any opposition was due on or bef...

Excerpt: ...Defendants City of Los Angeles, County of Los Angeles, Kingsley Project, LLC, SAC-MM Properties LLC for damages arising from a trip and fall on a sidewalk. Trial is currently set for September 24, 2024. At this time, Plaintiff seeks leave to file a First Amended Complaint (“FAC”) to correct the alleged location of the incident. The motion is unopposed. II. Motion for Leave to File FAC CCP § 473(a)(1) provides, in relevant part: “The court ...

Excerpt: ...for damages arising from a motor vehicle incident. At this time, Defendant moves for an order compelling Plaintiff to appear for a mental examination with Charles Hinkin, Ph.D., (“Dr. Hinkin”) at 921 Westwood Blvd., Ste. 208, Los Angeles, CA 90024 at 9:00 a.m. Plaintiff opposes the motion, and Defendant filed a reply. Plaintiff does not dispute the necessity of a mental examination and has agreed to submit to a neuropsychological examination ...

Excerpt: ...Garcia”), a minor by and through his guardian ad litem Gabriela Garcia, (collectively, “Plaintiffs”), filed this action against Defendants Dhoor Gurpreet Singh and Triple Eight Transport Inc. (“Defendants”) for damages arising from a motor vehicle incident. Defendants now move for summary judgment, or alternatively, summary adjudication, against Plaintiff Elizarraras arguing that Plaintiff Elizarraras is now deceased and lacks standing ...

Excerpt: ...City of Los Angeles (“Defendant”) for injuries related to Plaintiff's scooter striking a large pothole, causing Plaintiff to fall. Plaintiff sets forth two causes of action for premises liability and general negligence. At this time, Plaintiff seeks leave to file a First Amended Complaint (“FAC”) to set forth an applicable cause of action against Defendant pursuant to Government Code § 835, since Plaintiff's cause of action for general n...

Excerpt: ...or damages arising from an automobile incident. At this time, Defendant Christian Jonathan Mejia (“Mejia”) moves for a Protective Order from having to provide responses to propounded written discovery on the grounds that Mejia is homeless and has not had an opportunity to meet with his counsel of record. The motion is unopposed. II. Motion for Protective Order 1. Meet and Confer CCP § 2030.090(a) provides, “When interrogatories have been p...

Excerpt: ... one, (2) special interrogatories, set one, and (3) request for production of documents (“RPDs”), set one, separately on Christine Muriel Roldzak and Melissa Hernandez (“Plaintiffs”) on April 18, 2023. After granting Plaintiffs an extension up and until July 21, 2023 to serve responses, Plaintiffs have not served any responses to date. Defendant therefore seeks an order compelling Plaintiffs to respond, without objections, to the outstand...

Excerpt: ...ron Terrace, LLC, and Does 1 to 25 for damages arising from a battery, wherein Plaintiff alleges he was ascending a stairway in the common area of the apartment complex when Does 1 to 5 punched Plaintiff in the head and robbed Plaintiff before fleeing the scene. On March 6, 2023, Defendants Calitex, LLC and Chadron Terrace, LLC (“Defendants”) filed the instant motion to compel three independent medical examinations (“IME”) of Plaintiff wi...

Excerpt: ...(“Julie”), and Does 1-25 for damages arising from an automobile incident. Trial is currently set for March 6, 2024. On August 9, 2023, Plaintiff filed an Amendment to Complaint naming Rachel Anne Miranda (“Miranda”) as Doe 1. Miranda now moves for an order dismissing the Amendment to Complaint pursuant to CCP § 474 and 581(m). Plaintiff opposes the motion. II. Motion for an Order Dismissing Amendment to Complaint CCP §474 provides: “W...

Excerpt: ...“Defendant”) for injuries arising from an automobile incident. After the Court granted Defendant's motion to strike punitive damages with leave to amend on September 13, 2023, Plaintiff filed a First Amended Complaint (“FAC”) on October 3, 2023. Defendant moves to strike the FAC on the same grounds that the allegations are insufficient to support a claim for punitive damages. Plaintiff opposes the motion, and Defendant filed a reply. II. ...

Excerpt: ...(“Defendant”) for injuries Plaintiff sustained when she slipped on a pool of liquid in Defendant's store and fell. Plaintiff moves the Court for an order compelling Defendant to provide further responses to Request for Production of Documents (“RPDs”), set two. Plaintiff requests further disclosures to request nos. 19-23, 25-26, and 28-31, and further verified responses to 32-33, and 35-37. Defendant opposes the motion, and Plaintiff file...

Excerpt: ...ries 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. On August 16, 2023, Defendants Culver City Mall, LLC, erroneously sued as Westfield, LLC, and Nationwide Janitorial Services, Inc. (“Defendants”) filed the instant motion moving the Court for an order compelling Plai...

Excerpt: ...ogies, Inc. (“Uber”) for damages arising from a motor vehicle accident, which occurred on October 27, 2019. At this time, Uber moves to compel arbitration and stay the action pending completion of arbitration. As of November 14, 2023, no opposition was filed. The motion is unopposed. II. Motion to Compel Arbitration In deciding a petition to compel arbitration, trial courts must decide first whether an enforceable arbitration agreement exists...

Excerpt: ...CA Inc., erroneously sued as VCA West Los Angeles Animal Hospital, (“VCA) (collectively, “Defendants”) for damages arising from a dog bite. The complaint alleges two causes of action for negligence and strict liability per California Civil Code Section 3342. Pertinent to VCA, the complaint alleges VCA failed to act reasonably in the care, handling, custody, and control of Inouye's dog, named “Theodor,” and that “Theodor” had an unus...

Excerpt: ...fendants TingTing You (“You”), The Cheng Living Trust Dated April 16, 1991, and EAN Holdings, LLC d/b/a Enterprise Rent-A-Car Company (“Enterprise”) for wrongful death involving a motor vehicle v. pedestrian incident. On September 13, 2023, Defendant You filed the instant motion for determination of good faith settlement between Plaintiffs and Defendants You and Enterprise. The motion is unopposed. Previously, this matter was heard on Oct...

Excerpt: ...s, Inc. (“Uber”) and Sergio Doe (“Sergio”) for damages arising from an assault and battery. The complaint alleges that on February 4, 2020, Plaintiff was a passenger in Sergio's vehicle when Sergio became aggravated at Plaintiff's request for an additional drop-off, wherein Doe slammed the vehicle door on Plaintiff's leg, grabbed Plaintiff, and pushed her to the ground. Plaintiff alleges Sergio was acting within the course and scope of hi...

Excerpt: ...alifornia, Inc., Food 4 Less of Southern California, Inc., and The Kroger Co. for damages arising from a slip and fall. The complaint alleges defendants allowed a dangerous condition to exist, specifically a dirty, wet and slippery floor with spilled merchandise. The complaint alleges causes of action for premises liability and general negligence against defendants. At this time, Defendant Alpha Beta Company dba Food 4 Less, erroneously sued as F...

Excerpt: ...s default judgment against Alexis Jesus Romero in the total amount of $117,643.50, comprised of $7,140 for past medical specials, $10,000 for future medical expenses, and $100,000 in general damages for pain, suffering, mental anguish, residual complaints, and emotional distress. (Azizi Decl. ¶ 8.) Additionally, Plaintiff seeks $503.50 for reimbursement of clerk's filing fees and process server's fees, as costs. This action arises out of a motor...

Excerpt: ...o (“Plaintiff”) filed this action against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) for damages arising from a fall on Defendant's bus when the bus accelerated. Plaintiff alleges she struck her head as a result of the incident.¿ Defendant now moves for an order compelling Plaintiff to appear for a mental examination with James E. Rosenberg, M.D. (“Dr. Rosenberg”) and Ari Kalechstein, Ph.D. (“D...

Excerpt: ...bbie Lee French (“French”), Michael Candler (“Candler”), and Candler Trucking (collectively, “Defendants”) for damages arising from a motor vehicle accident. On May 13, 2022, Defendants filed a cross-complaint against Plaintiff for breach of contract, declaratory relief, and indemnification. Defendants now move for summary judgment on the grounds that Plaintiff entered into a binding and enforceable settlement agreement with Defendant...

Excerpt: ...dants, Restaurant Depot, LLC (“Restaurant Depot”) and Does 1 to 25 for damages arising from an alleged inadequately maintained portion of a raised curb located in front of one of the refrigerators on Restaurant Depot's property. On July 28, 2023, Plaintiff filed an amendment to complaint naming RD America, LLC (“RDA”) as Doe 1. On August 30, 2023, RDA filed its Answer to Plaintiff's complaint. On October 27, 2023, RDA filed the instant mo...