Excerpt: ...Mechanical Contractors, erroneously sued as Pacific Mechanical Contractor, (“PMC”) served (1) form interrogatories, set one, and (2) special interrogatories, set one, on plaintiff Eduardo Galeno (“Plaintiff”) on November 15, 2022. Additionally, PMC served form interrogatories, set two, on Plaintiff on January 27, 2023. After providing Plaintiff with an extension for set one of discovery up to January 13, 2023, Plaintiff did not properly e...

Excerpt: ...defendants Superior Plastering of California, Does 1 to 5 individually and d/b/a Superior Plastering of California, and Does 6 to 100 for damages arising an unsafe work environment in which Plaintiff fell from a scaffolding. Stanley Caron dba Superior Plastering of California, erroneously sued as Superior Plastering of California, filed a First Amended Cross -complaint against S&D Drywall, S&H construction Builder Corporation, and Roes 1 to 50. S...

Excerpt: ...ruma Corporation and Mission Foods for injuries arising from a slip and fall. Trial is currently set for June 11, 2024. Gruma Corporation dba Mission Foods, erroneously sued and served as Gruma Corporation and Mission Foods (“Defendant”) move to continue the trial date and all -related dates by six months to October 11, 2024, or to a date thereafter. Defendant avers that Pla intiff is in agreement with a trial continuance. (Pearlman Decl. at ...

Excerpt: ...efendant”) for injuries arising from a motor vehicle incident. Trial is currently set for September 11, 2024. Defendant now moves to compel Plaintiff's physical examination and requests monetary sanctions. Any opposition to the motion was due by March 15, 2024; no opposition was filed by this date. II. MOTION TO COMPEL PHYSICAL EXAMINATION 1. Legal Standard CCP § 2032.220 states: 1. In any case in which a plaintiff is seeking recovery for pers...

Excerpt: ...ounty of Los Angeles, State of California, Cherry Street Garage, Los Angeles Convention Center, Staples Center for a slip and fall incident. At this time, the City moves for an order compelling Plaintiff to appear for a mental examination with neuropsychologist Earl C. Thorndyke, Ph.D., (“Dr. Thorndyke”) at 11835 W. Olympic Blvd., Ste. 1270E, Los Angeles, CA 90064. Plaintiff opposes the motion, and the City filed a reply. 1. Moving Argument T...

Excerpt: ...ffrey Kai (“Defendants”) for damages arising from an automobile collision.¿ Defendants now move for an order requiring Plaintiff to post an undertaking in the sum of $100,000 pursuant to CCP § 1030. Plaintiff opposes the motion. As of March 20, 2024, no reply has been filed. 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 at any...

Excerpt: ...efendants Does 1 to 25 1 for injuries arising from a trip and fall on a pothole in a parking lot. Plaintiff filed amendments to complaint naming Denshaz, Inc. (“Denshaz”) as Doe 1, MJH, LLC as Doe 2, Benjamin Hops as Doe 3, Goodrich And Hops Properties West as Doe 4, Benjamin Hop s50 as Doe 5, Frieda Investments, LLC as Doe 6. On April 26, 2023, Denshaz filed its Answer and a cross -complaint against Goodrich and Hops Properties West, and Roe...

Excerpt: ... Antonio Regla and Antonio's Trucking, Inc. for injuries arising from a motor vehicle incident. The trial date is currently set for September 17, 2024. On March 1, 2024, Plaintiff filed the instant motion to reopen discovery for the limited purpose of expert discovery to track with the current trial date. Defendant Antonio Regla dba Antonio Trucking, erroneously sued and served as Antonio Regla, and Anton io's Trucking, Inc. (“Defendant...

Excerpt: ...pardi ("Defendant") for civil harassment, assault, battery, trespass, and intentional infliction of emotional distress. Defendant now moves for terminating sanctions against Plaintiffto dismiss Plaintiffs action with prejudice for failing to serve verified discovety responses in compliance with the Courts November 16, 2023 Order. In the alternative, Defendant requests issue and/or evidentiary sanctions. Any opposition was due on or before March 1...

Excerpt: ...r damages arising from a motor vehicle incident. On November 21, 2021, defendant Linda Rivero served Plaintiff with an offer to compromise per CCP §998 to waive defense costs and defense fees in exchange for dismissal of the action. Plaintiff did not accept the offer. On August 29, 2023, defendant Israel Rivero was dismissed with prejudice. (Order of Dismissal, Aug. 29, 2023.) After multiple trial calls, Plaintiff filed a voluntary request for d...

Excerpt: ... City”), County of Los Angeles (“the County”), and State of California for an alleged dangerous condition of public property, wherein Plaintiff fell when she rode her bicycle over a non - cross -h atched 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.) The complaint sets forth a single c...

Excerpt: ...Defendant") for damages arising from a motor vehicle incident Trial is currently set for Januaty 27, 2025. Defendant seeks leave to file a First Amended Answer ("FAA") to Plaintiffs complaint to include an amrmative defense based on prelitigation settlement of Plamtiffs claims. The motion was initially denied, without prejudice, due to procedural defects. (Mm. Order, Dec. 13, 2023.) Preliminary, the Court notes that Plaintiff filed a brief opposi...

Excerpt: ...ey Occupational Center and Does 1 through 100 for injuries arising from a slip and fall on slippery yellow traction plates. The operative Second Amended Complaint (“SAC”) sets forth three causes of action for (1) negligence – against Does 1 through 100, (2) premises liability ag ainst Does 1-100, and (3) dangerous condition of public property pursuant to Gov. Code § 835 against West Valley Occupational Center – Los Angeles Unified School...

Excerpt: ...s Cruz, Alvaro Alacon, Uber Technologies, Inc., Rasier LLC, Raiser -CA LLC, and Does 1- 50 for injuries arising from a motor vehicle collision. This matter was consolidated with Tomas Antonio Cruz vs. Alvaro E. Alacon, et al. Case No. 22STCV01166. (Joint Stip. & Ord er, May 21, 2023.) Trial is currently set for May 30, 2024. Defendants Uber Technologies, Inc., Rasier LLC, Raiser -CA LLC (“Uber”) now moves to continue the trial date, and all p...

Excerpt: ...ntiffs”) filed their First Amended Complaint against defendants San Gabriel Transit Inc. (“SGT”), Access Services (“Access”), Los Angeles County Metropolitan Transportation Authority, Steve Ly (“Ly”) and Does 1 through 50 for injuries arising from falling off an alleged moving or malfunctioning vehicle ramp on October 13, 2021. Plaintiff Aline now moves to quash defendant Access's deposition subpoena for production of business recor...

Excerpt: ...fendant”) for injuries arising from a slip and fall on allegedly defective stairs covered in foreign debris and dust. The trial date is currently set for May 17, 20 24. On August 5, 2023, the parties stipulated to continue trial to February 26, 2024 and for all pre - trial discovery and motion deadlines to track with the new trial date. (Stip. & Order, Aug. 5, 2023.) The Court then continued the trial date to May 17, 2024, but denied without pr...

Excerpt: ...ria and Does 1 through 100 for damages arising from a slip and fall on Defendant's property. Plaintiff filed amendments to complaint, naming Brkic Ferdo and Zdenka Trs as Doe 1 and Brkic Ljilj a as Doe 2. Trial is currently set for April 23, 2024. On December 18, 2023, defendants Maria Delgado dba Birrieria Chalio (erroneously named as Chalio Birrieria), Ferdo Brkic, Zdenka Brkic, and Brkic Trust (erroneously sued and served as Brkic Ferdo And Zd...

Excerpt: ...g from a motor vehicle collision. Plamtiff filed an amendment to complaint naming Pedro Ivan Jimenez Aguilera as Doe 1. On October 26, 2023, the Court granted Avis Rent A Car System, LLC leave to intervene in this action. At this time, Plaintiff moves to compel the deposition of Avis Budget Car Rental, LLC's employee Jeanne Motosko ("Motosko") and its employee(s) and/or person(s) most qualified ("PMQ"). Plaintiff requests monetary sanctions. Defe...

Excerpt: ...LLC and Rasier -CA, LLC, Cesar Augusto Campos Orellana and Francisco J. Giron for injuries arising from an automobile incident. At this time, defendants Uber Technologies, Inc., Rasier, LLC and Rasier -CA, LLC (collectively, “Uber”) moves for an order compelling Plaintiff to appear for a mental examination with neuropsychologist Howard J. Friedman, Ph.D., ABPP (“Dr. Friedman”) at 30 3 North Glenoaks Blvd., Suite 200, Burbank, CA 91502. Pl...

Excerpt: ...om a motor vehicle collision. Defendant now moves for terminating sanctions against Plaintiffto dismiss Plamtiffs action with prejudice for failing to serve verified discovety responses in compliance with the Courts November 27, 2023 and November 28, 2023 Orders. Defendant further requests monetary sanctions. Plaintiff is in pro per. Any opposition was due on or before March 7, 2024; none was filed. 11. MOTION FOR TERMINATING SANCTIONS 1. Legal S...

Excerpt: ...s Angeles World Airports ("LAWA") (collectively, "Defendants") for injuries arising from a trip and fall on Defendants' premises. The PAC alleges Plaintiff went to the premises to receive a Covid-19 vaccination shot, when she tripped and fell over an elevated surface mount for a vehicular traffic guidepost while crossing the parking area to the trailer. (FAC at 7. ) Plamtiff alleges the guidepost mount remamed in the direct path from the parking ...

Excerpt: ...ose Baking Inc„ and Mehran Termechi for damages arising out of an automobile v. pedestrian accident At this time, AmGUARD Insurance Company ("AmGUARD") moves for leave to intervene in the case, contending that it is the commercial automobile insurer for Retail Baking LLC. AmGUARD argues it has a direct interest in the litigation due to the insurance policy issued to its insured, Retail Baking LLC, which is currently a suspended corporate entity...

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...