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: ...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...

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: ...gainst Defendants So Cal PF, LLC, dba Planet Fitness (“So Cal LLC”) and So Cal PF Huntington Park, LLC dba Planet Fitness (“So Cal Huntington Park”) (collectively, “Defendants”) for damages relating to a railing, which allegedly became loose and broke free, causing Plaintiff to fall. The complaint alleges causes of action for negligence and premises liability against Defendants. Defendants now move for summary judgment, or alternative...

Excerpt: ...ntiff”) filed this action against Defendant Los Angeles County Metropolitan Transportation Authority (“LACMTA”) and Does 1 to 20 for damages arising from an alleged failure to secure a ramp within the vehicle for Plaintiff, who was transported in the vehicle with his walker on September 19, 2022. (Compl. at ¶ 13.) At this time, Plaintiff seeks relief from the requirements of Government Code §§ 945.4 and 945.6 and petitions for an order p...

Excerpt: ...rogatories, set one, and request for production of documents (“RPDs”), set one, on Plaintiff Cheuk Ying Lam (“Lam”) on August 10, 2023 by U.S. mail. (Mot. Werner Decl. ¶ 3; Exh. B.) Plaintiff Lam is in pro per. Responses were due on or before September 18, 2023. (Id. at ¶ 4.) After receiving no responses by September 18, 2023, Uber's counsel attempted to meet and confer with Plaintiff Lam. Plaintiff Lam did not respond to Uber's Septemb...

Excerpt: ...“Defendant”) for damages arising from an automobile incident. On January 17, 2019, Plaintiff filed his first application for publication, which was rejected on February 13, 2019 due to, among other deficiencies, failure to provide facts and evidence to substantiate the need to serve by publication in order to satisfy the diligence requirement of CCP §§ 415.20, 415.30, and 415.50. (Notice of Rejection, Feb. 13, 2019.) On March 23, 2019, Plai...

Excerpt: ...nt (“FAC”) against defendants Birkenstock USA, LP (“Birkenstock”), Sandalim, Inc. (“Sandalim”), and Does 1 through 50 (collectively, “Defendants”) for injuries arising from stacked boxes on movable racks, which fell on top of Plaintiff's head. The complaint alleges causes of action for (1) negligence, (2) negligence – vicarious liability, (3) negligent hiring, supervision, and retention, and (4) premises liability. Defendant Bir...

Excerpt: ...et one, on Plaintiff Dawn Stevens (“Plaintiff”) on April 14, 2023. (Mandell Decl. ¶ 4; Exh. A.) Plaintiff is in pro per. Responses were due no later than May 17, 2023. After receiving no response, defense counsel sent a meet and confer letter to Plaintiff requesting verified responses, without objections, by June 1, 2023. As of the date of filing, Plaintiff has not served responses. Defendant therefore seeks an order deeming the RFAs, set tw...

Excerpt: ...h her Guardian ad Litem, Petitioner, filed this action against Defendants Tanner John Haynes and Alan Douglas Haynes (collectively, “Haynes Defendants”), and Does 1 to 50 for damages arising from a motor vehicle accident. On August 23, 2021, Defendants/Cross-Defendants Tanner and Alan filed a Cross-Complaint against Cross-Defendant Hamazasb Aghajanian (“Aghajanian”). On June 20, 2023, Plaintiff filed an Amendment to Complaint naming Cross...

Excerpt: ... for damages arising out of a trip and fall on the street on December 15, 2020. Plaintiff brings a cause of action for dangerous condition of public property pursuant to Gov. Code section 835. Plaintiff alleges injuries arising from stepping on an uneven, scarred and deformed portion of asphalt on the street. (Compl. ¶ 13.) Defendant now moves for summary judgment. Plaintiff opposes the motion, and Defendant filed a reply. On September 13, 2023,...

Excerpt: ...uben De Arcos Gama (“Gama”), Maribel De Arcos, and Sara Anguiano, erroneously sued as served as Sara Angivano (“Anguiano”) for damages arising from a motor vehicle accident. On October 20, 2023, Gama filed an Application for Determination of Good Faith Settlement providing Plaintiff and Gama entered into a settlement agreement for the total amount of $15,000. On November 1, 2023, rather than filing a Motion to Contest Application for Dete...

Excerpt: ...ty”) and County of Los Angeles (the “County”) (collectively, “Defendants”) for damages arising out of a trip and fall over a sidewalk that occurred on February 4, 2022. The complaint alleges a single cause of action for dangerous condition of public property pursuant to Government Code § 835. The City moves for judgment on the pleadings. Plaintiff opposes the motion. This matter was previously heard on June 8, 2023. The Court continued...

Excerpt: ...ul Gomez (“Plaintiff”) on July 26, 2023. (Mendoza Decl. ¶ 3; Exh. A.) After receiving no response by August 29, 2023, defense counsel emailed Plaintiff's counsel regarding the outstanding discovery responses on September 5, 2023 and October 15, 2023. (Id. at ¶¶ 3-6.) As of the date of filing, Plaintiff has not served responses. (Id. at ¶ 7.) Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the out...

Excerpt: ...d damages. Plaintiff Henrietta Castrellon (“Plaintiff”) opposes the motion, and Defendant filed a reply. Defendant 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: ...ory McKay, and A Beautiful Confusion Production, LLC for damages arising from a dog bite. On November 7, 2022, the Court granted Plaintiff's counsel's motion to be relieved as counsel, wherein the ruling would be effective upon filing proof of service of the final order. (Min. Order, Nov. 7, 2022.) On August 21, 2023, this matter was called for a non-jury trial, and after no appearances by or for either party, the Court dismissed Plaintiff's comp...

Excerpt: ...t Defendants Los Angeles Unified School District and County of Los Angeles when a gate fell on Plaintiff. Trial is currently set for March 1, 2024. 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 ...

Excerpt: ...aul Singleton, a minor by and through his Guardian Ad Litem Angel Jacoba Schat, and Angel Jacoba Schat (“Plaintiffs”) filed their operative First Amended Complaint (“FAC”) action against Defendants Porter Charles Jones, Brian Charles Jones, County of Inyo, State of California, and City of Bishop, asserting a claim for negligence arising from an automobile accident which occurred on August 29, 2021 at the intersection of Horace Albright Av...

Excerpt: ... action against Defendants Stephen R Dixon (“Dixon”) and Stephen R. Dixon Trust (collectively, “Defendants”) for injuries Plaintiff suffered while on Defendants' premises to repair the air conditioners located on the roof. Plaintiff alleges that as he walked down the ladder from the roof to the floor below, the door hatch immediately slammed shut onto Plaintiff's body causing him to suffer injuries. Plaintiff now moves to compel Dixon to ...

Excerpt: ... Lucky Nails & Foot Spa (“Lucky Nails”) and Does 1 to 100, alleging a failure to implement and/or follow adequate safeguards and safety equipment and supplies, resulting in an acrylic fingernail striking Plaintiff's eye on June 1, 2019. On July 27, 2023, Plaintiff filed amendments to complaint naming Hang Thanh Doan as Doe 1 and Huyen Gale as Doe 2. Defendant Huyen Gale (“Gale”) now demurs to the complaint arguing the Doe Amendment is tim...

Excerpt: ...gainst Defendants Alexis Nicholson and Christoph Martin Schuenke (“Defendants”) for damages arising out of a motor vehicle accident. On March 6, 2023, Defendants filed the instant motion to compel a second defense medical examination (“DME”) of Plaintiff and seeks monetary sanctions. Plaintiff opposes the motion, and Defendants filed a reply. 1. Moving Argument Defendants argue Plaintiff alleges various bodily injuries arising from the in...

Excerpt: ...n Tsarukyan (“Defendant”) for damages arising out of an automobile accident. At this time, Progressive West Insurance Company (“Progressive”) moves for leave to intervene in the case, contending Progressive has a direct interest in the litigation because it issued the applicable automobile liability insurance covering the incident alleged in the complaint to its insured, Defendant Vigen Tsarukyan, who has been unable to be located and has...

Excerpt: ...) and Stephen R. Dixon Trust (collectively, “Defendants”) for injuries Plaintiff suffered while on Defendants' premises to repair the air conditioners located on the roof. Plaintiff alleges that as he walked down the ladder from the roof to the floor below, the door hatch immediately slammed shut onto Plaintiff's body causing him to suffer injuries. (Compl. at ¶¶ 10-11.) The complaint alleges causes of action for general negligence and prem...

Excerpt: ...ucky Nails & Foot Spa (“Lucky Nails”) and Does 1 to 100, alleging a failure to implement and/or follow adequate safeguards and safety equipment and supplies, resulting in an acrylic fingernail striking Plaintiff's eye on June 1, 2019. On July 27, 2023, Plaintiff filed amendments to complaint naming Hang Thanh Doan as Doe 1 and Huyen Gale as Doe 2. Defendant Hang Thanh Doan (“Doan”) now demurs to the complaint arguing the Doe Amendment is ...

Excerpt: ... against Defendants Victory Outreach, Victory Outreach Eagle Rock, Roger Soto (“Soto”), Jasmine Galvez, Augie Barajas, and Mary Barajas (collectively, “Defendants”), alleging the wrongful death of Justin Trujeque (“Decedent”) based upon Defendants' failure to supervise Decedent's drug addiction while under Defendants' care. On march 17, 2023, Plaintiffs filed an amendment to complaint naming Victory Outreach International (“VOI”) ...

Excerpt: ...damages arising from dog bite. The current trial date is January 30, 2024. Defendants Susan Wright and Kirk Wright (“Wright Defendants”) now move to continue the current trial date to February 24, 2025 in order for their Motion for Summary Judgment (“MSJ”), currently set to be heard on November 8, 2024, may be heard prior to trial. Alternatively, the Wright Defendants request the Court advance their MSJ hearing date. Any opposition was du...

Excerpt: ... 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, Defendant moves to compel Plaintiff to appear for his independent medical examination (“IME”) with Robert Kvitne, M.D. (“Dr. Kvitne”). However, since the filing of this motion, Plaintiff's physical examination with Dr. Kvitne had been completed as of Octo...

Excerpt: ...ant CVS Pharmacy, Inc. (“CVS”) for injuries Plaintiff sustained when a plexiglass separator, set upon the pharmacy counter to separate employees and customers, fell upon Plaintiff. On May 4, 2022, Plaintiff filed an amendment to complaint naming Garfield Beach CVS, L.L.C. as Doe 1. On October 16, 2023, CVS filed the instant motion to continue the trial date and all related pretrial deadlines by 90 days. On October 19, 2023, the Court granted ...

Excerpt: ...sing from a slip and fall on stairs. At this time, Defendant Samill Corporation d/b/a The Blue Room (“Defendant”) moves to quash Plaintiff's deposition subpoena served on DH Adjusters on July 28, 2023, or in the alternative, a protective order for DH's investigative file. Plaintiff opposes the motion and Defendant filed a reply. Defendant contends it already produced portions of DH Adjusters' investigative file, which included written witness...

Excerpt: ...�) propounded form interrogatories, set two, and special interrogatories, set two on Plaintiff Brittnee Aguirre (“Plaintiff”). After receiving no responses, defense counsel sent a letter to Plaintiff's counsel on August 21, 2023 requesting responses without objections within seven days. To date, Plaintiff has not served responses. Defendant therefore seeks an order compelling responses, without objections, and imposing sanctions. As of Octobe...

Excerpt: ...(“City”) and Candace Hanako Tanaka for injuries arising from a collision between a motor vehicle v. motorized wheelchair. Plaintiff alleges the sidewalk was raised, uneven, cracked, chipped, broken, improperly patched and improperly repaired, and not maintained in a safe condition, which forced Plaintiff to use the roadway and not the sidewalk. Consequently, Plaintiff alleges he was on the roadway when Candace Hanako Tanaka made a left turn a...

Excerpt: ...of Pico Rivera, County of Los Angeles, and California Department of Transportation for premises liability relating to a trip and fall over a protruding metal pole on the sidewalk. Thereafter, Plaintiff dismissed the County of Los Angeles and California Department of Transportation. On September 12, 2023, Plaintiff filed an amendment to complaint naming Southern California Edison (“SCE”) Company as Doe 1. At this time, Defendant City of Pico R...

Excerpt: ... filed this motion to set aside default entered on March 24, 2020 and default judgment entered on February 24, 2022, against its insured, Defendant Crescencio Polanco (“Polanco”). State Farm makes this motion pursuant to the Court's equitable authority. Further, State Farm moves for leave to file an Answer to the complaint on behalf of its insured, and to defend the action on the merits. Plaintiffs oppose the motion. This action arises from a...

Excerpt: ...Court for an order compelling Plaintiff Vito Anthony Derasmo (“Plaintiff”) to provide further responses to Defendant's special interrogatory, set one, requests nos. 1, 2, 7-10, 28-32, 34, 36, 37, 38, 42, 45, 47, 48, and 62-70. Further, Defendant moves for an order deeming admitted requests for admission (“RFA”), set one, admitted against Plaintiff on the grounds that Plaintiff did not respond to requests 3, 4, 6, 7, 8, 11, 13, 16, 20 and ...

Excerpt: ...�) filed this action against Defendants Malachi Rashid Mapps (“Mapps”) and Mia Marie Ballantyne for damages arising from an automobile collision. At this time, State Farm Mutual Automobile Insurance Company (“State Farm”) moves for leave to intervene in the case, contending State Farm has a direct interest in the litigation due to the insurance policy issued to its insured, Defendant Mapps, who has not been located to date. Plaintiff oppo...

Excerpt: ...ising from a motor vehicle collision. Defendant, a licensed attorney, is in pro per. Plaintiff now moves to compel Defendant to submit to an additional deposition. Any opposition to the motion was due on or before October 20, 2023; none was filed. II. Motion to Compel CCP § 2025.610 states: 1. Once any party has taken the deposition of any natural person, including that of a party to the action, neither the party who gave, nor any other party wh...

Excerpt: ...) ) ) ) ) ) ) ) ) ) ) I. Background This is a consolidated action for negligence and negligent entrustment arising from two separate motor vehicle collisions, which took place on November 26, 2019 and on October 14, 2022 in Los Angeles County. On May 13, 2022, Plaintiffs Alexis Bell, Latiffany Draper, and minors Harmony Ellis and Latiffany Ellis, by and through their guardian ad litem Latiffany Draper, filed their Second Amended Complaint against...

Excerpt: ...d Enterprises, Inc., (“Defendant”) for damages arising from a slip and fall on December 16, 2018, on a “dirty, wet and slippery floor.” (Compl. p. 4.) The Complaint alleges causes of action for general negligence and premises liability. Defendant now moves for summary judgment. Plaintiff opposes the motion, and Defendant filed a reply. A. Moving Argument Defendant asserts there existed no dangerous condition, because Plaintiff did not ste...

Excerpt: ...elling Plaintiff Maria Sanchez (“Sanchez”) to provide further responses to set one of form interrogatories, special interrogatories, and requests for admission (“RFAs”). Plaintiff opposes the motion. On September 28, 2023, the parties participated in an informal discovery conference (“IDC”), wherein the issues were deemed resolved. (Min. Order, Sept. 28, 2023.) At the IDC, moving party was ordered to schedule another IDC if further re...

Excerpt: ... ET AL., Defendant(s). ) ) ) ) ) ) ) ) ) ) ) I. Background On April 28, 2020, Plaintiff Scott Kuhn (“Plaintiff”) filed this action against Defendant Los Angeles County Metropolitan Transportation Authority (“MTA”), et al. for damages arising from a motor vehicle incident. At this time, Plaintiff moves to enforce the settlement of the matter pursuant to CCP § 664.6. The motion is unopposed. Plaintiff argues in April 2023, settlement was r...

Excerpt: ...tively, “Plaintiffs”) propounded special interrogatories, set one, and request for production of documents (“RPDs”), set one, on Defendant San Gabriel Transit Inc. (“Defendant”) on February 6, 2023. Plaintiff Jose also propounded form interrogatories, set one, on Defendant on February 6, 2023. Plaintiffs granted Defendant's three separate requests for an extension, with responses ultimately due by May 15, 2023. Defendant did not serve...

Excerpt: ...rry Street Garage, Los Angeles Convention Center, Staples Center for a slip and fall incident. A multitude of cross-complaints were filed. Trial is currently set for January 24, 2024. As relevant to the instant motion, Cross-Complainant/Cross-Defendant Gabriel's Cleaning Maintenance and Pressure Washing, LLC ("Gabriel's Cleaning") filed its Answer to Plaintiff's Complaint on March 30, 2022. On the same day, Gabriel's Cleaning filed its Cross-Comp...

Excerpt: ... litem Felipe Rodriguez (collectively, “Plaintiffs”) filed this action against Defendants Uber Technologies, Inc. (“Uber”), Aimin Lin, Andrian Krugliy, and Roman Pidkova for damages arising from an automobile collision. Defendant Uber now moves to compel Plaintiff Felipe to submit to an additional deposition and leave for additional time beyond the statutory limit to conduct the second deposition. Any opposition to the motion was due on o...

Excerpt: ... move to compel the deposition of in pro per Plaintiff Elis Ismael Castro (“Plaintiff”). Defendants noticed Plaintiff's deposition for February 17, 2023, and after receiving no objections, Plaintiff failed to appear for his deposition. Defendants further seek monetary sanctions, or evidentiary sanctions in the alternative. The motion is unopposed. II. Motion to Compel Deposition CCP § 2025.450(a) provides, “If, after service of a depositio...

Excerpt: ...ntiffs”) filed this action against defendants Sitanshu Shyam Singh (“Singh”), Uber Technologies Inc., Rasier LLC, and PV Holding Corp. for damages arising from a motor vehicle accident. The complaint alleges causes of action for (1) negligence against all defendants and (2) unfair/unlawful/fraudulent business practices (Cal. Civ. Code §17200) against Uber Technologies Inc., Rasier LLC, and PV Holding Corp. The complaint includes a prayer f...

Excerpt: ...nki”) and Wendy Kadi (collectively, “Plaintiffs”) filed this action against Defendants Kathy Mitsuye Kozai and Gerald Kozai for damages arising from an automobile collision. Defendant Kathy Mitsuye Kozai (“Kathy”) moves the Court for an order compelling Plaintiff Solanki to provide further responses to supplemental interrogatories and supplemental requests for production of documents. Defendant Kathy also moves for judgment on the plead...

Excerpt: ...action against defendants Sitanshu Shyam Singh (“Singh”), Uber Technologies Inc., Rasier LLC, and PV Holding Corp. for damages arising from a motor vehicle accident. The complaint alleges causes of action for (1) negligence against all defendants and (2) unfair/unlawful/fraudulent business practices (Cal. Civ. Code §17200) against Uber Technologies Inc., Rasier LLC, and PV Holding Corp. The complaint includes a prayer for punitive damages an...

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 board-certified neurologist Edwin C. Amos, M.D. (“Dr. Amos”) at 2021 Santa Monica Blvd., Suite 525E, Santa Monica, CA 90404 on November 14, 2023 at 2:00 p.m. Defendant contends a neurological examination is necessary because Plaintiff claims neurological injuries from the incident, and Plaintif...

Excerpt: ...Plaintiffs”) filed this action against Defendants Lyft, Inc. (“Lyft”), Ayalnesh Tessema, Raquel Rosasarmijo for damages arising from an automobile incident. At this time, Lyft moves for a Protective Order to quash Plaintiffs' notice of deposition of Lyft's employee, Katye Coombs (“Coombs”). Plaintiffs oppose the motion, and Lyft filed a reply. II. Motion for Protective Order 1. Meet and Confer CCP § 2025.420(a) states that “Before, d...

Excerpt: ... Budget Car Rental, LLC (“ABCR”) for damages relating to a hit and run collision. Plaintiff alleges that his vehicle was struck by a vehicle rented through ABCR. Plaintiff amended the Complaint to add Defendant Pedro Ivan Jiminez Aguilera (“Aguilera”) on October 14, 2021. At this time, Defendant Avis Rent A Car System, LLC (“ARACS”) moves for leave to intervene in the case, contending it is the liability assurer for Defendant Aguilera...

Excerpt: ...en Dong, erroneously sued as Dong Chen (“Dong”), and Estate of Dylan Tszking Chan (“Chan” or “Decedent”) (collectively, “Defendants”) for damages arising from a motor vehicle accident on February 21, 2021. Plaintiff issued a subpoena to Dong's insurer, National General Premier Insurance Company (“National”), seeking documents related to Dong's insurance coverage, claims, collisions, and citations related to two vehicles driven...

Excerpt: ...this action against Lisa Kahn Mazzarella and Jeffrey Paul Mazzarella for damages arising from a motor vehicle collision. At this time, Plaintiffs seek leave to file a First Amended Complaint (“FAC”) to add the Estate of Lisa Kahn Mazzarella, deceased, and Jeffrey Paul Mazzarella, deceased, as defendants to the action. II. Motion for Leave to File FAC CCP § 473(a)(1) provides, in relevant part: “The court may, in furtherance of justice, and...

Excerpt: ...y Lu (“Defendants”) for damages arising out of a motor vehicle accident. Trial is currently set for May 6, 2024. Plaintiff has designated Andrew S. Morris, D.C. (“Morris”), Jan Roughan, B.S.N. (“Roughan”), Jonathan Eskenazi, M.D. (“Eskenazi”), John J. Smith, P.E. (“Smith”), and Fardad Mobin, M.D (“Mobin”) pursuant to Code of Civil Procedure section 2034.260. Defendants move to compel the depositions of these expert witness...

Excerpt: ...geles County Metropolitan Transportation Authority (“Defendant”) for damages arising from allegations that Defendant's employee closed the bus doors on Plaintiff without warning as Plaintiff was boarding the bus. At this time, Defendant moves to compel Plaintiff's physical examination and requests monetary sanctions. Any opposition to the motion was due by October 11, 2023; none was filed. II. Motion to Compel Physical Examination CCP § 2032...

Excerpt: ...ngeles, and Los Angeles County Metropolitan Transportation Authority for damages arising from a trip and fall while attempting to exit a bus. Plaintiff dismissed the City of Los Angeles and County of Los Angeles. Trial is currently set for November 30, 2023. At this time, Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) moves to compel Plaintiff's physical examination and requests monetary sanctions. Any opposi...

Excerpt: ...nguez is currently in pro per, after the withdrawal of defense counsel due to a mistake and lack of authority to file an Answer on behalf of Dominguez. (Min. Order, Feb. 16, 2023.) Plaintiff then hired an investigator, who personally served Dominguez on May 11, 2023 with the initial summons, complaint, discovery and deposition subpoena for May 25, 2023. On May 25, 2023, Dominguez failed to appear for his deposition. Plaintiff's counsel has attemp...

Excerpt: ...ian Ad Litem Jesse Ronald Carrasco, and Jazelle Dimas (“Dimas”) (collectively, “Plaintiffs”) filed this action against Defendants Positive Investments Inc., PI Properties LLC, and Becky Radgowski (“Becky”) for injuries Plaintiffs sustained in a dog bite attack. On May 17, 2022, Plaintiff filed Amendments to Complaint naming Defendants Ariana Arambula (“Arambula”) as Doe 1, Joseph M. Radgowski (“Joseph”) as Doe 2, and Mark A. R...

Excerpt: ...s Foot Locker Retail, Inc., John Doe, and Does 1 to 100 for injuries related to an assault and battery on Plaintiff while inside a store. At this time, Defendant Foot Locker Retail, Inc. (“Foot Locker”) seeks leave to file a cross- complaint against A.J. Molino & Associates, Inc. (“A.J”) for equitable indemnification, equitable contribution, and declaratory relief. The motion is unopposed. II. Motion for Leave to File Cross‐Complaint A ...

Excerpt: ...ogies, Inc., Rasier LLC, Rasier-CA-LLC, Charter Communications, Inc., and John E. Roche for injuries arising from a motor vehicle incident. Trial is currently set for January 17, 2024. At this time, Defendants Uber Technologies, Inc., Rasier LLC, Rasier-CA-LLC (“Uber”) move to disqualify Los Angeles City Law, APLC (“LACL”) from their representation of Plaintiff due to a conflict of interest concerning LACL attorney Nanette Reed, Esq. (“...

Excerpt: ...istian 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, and requests for ...

Excerpt: ...ainst defendants O'Reilly Auto Enterprises, LLC, O'Reilly Automotive Stores, Inc., and Oscar Navarro for damages arising from a slip and fall. On July 28, 2022, the parties stipulated to dismiss O'Reilly Automotive Stores, Inc. without prejudice. At this time, Plaintiff moves for issue sanctions and evidentiary sanctions precluding O'Reilly Auto Enterprises, LLC (“O'Reilly”) from offering evidence disputing liability or disputing Plaintiff's ...

Excerpt: ...nd City of Calabasas for injuries related to a fall. Plaintiff alleges she was riding a bicycle on Valmar Road when her bicycle slid on water and algae in the street, causing Plaintiff to fall and suffer injury. The City of Calabasas filed a cross-complaint against the City of Los Angeles Cleanstreet Inc. The City of Los Angeles filed a cross-complaint against the City of Calabasas, Cleanstreets (Roe 1), County of Los Angeles (Roe 2), Sedaghati, ...

Excerpt: ...emple City”), County of Los Angeles (“the County”), and In-N-Out Burgers (“In-N-Out”) (collectively, “Defendants”) for damages arising from falling off a scooter after riding her scooter over an unknown substance. The Complaint alleges that Defendants negligently maintained the premises such that an unknown substance was allowed to exist and/or accumulate, thereby causing the area to be slippery. The Complaint alleges claims for pre...

Excerpt: ...s Angeles for injuries Plaintiff sustained after tripping and falling on a sidewalk. On April 7, 2022, Plaintiff dismissed the County of Los Angeles. The City of Los Angeles (“Defendant”) is the only remaining named Defendant. Plaintiff previously moved for terminating sanctions against Defendant for disobeying the Court's March 10, 2023 order compelling the depositions of Defendant's person most qualified (“PMQ”) for Bureau of Street Ser...

Excerpt: ...Kouns (“Kathryn”) (collectively, “Defendants”) for damages arising from a motor vehicle incident. On February 15, 2023, Defendants served Plaintiff with an offer to compromise per CCP §998 in the amount of $50,000. On February 27, 2023, the Court dismissed Defendant Heidi with prejudice. Plaintiff did not accept the CCP §998 offer, and the case went to trial. On March 2, 2023, the jury found in favor of Plaintiff and awarded Plaintiff $...

Excerpt: ..., German Quintan, Xiomara Sandoval, Gatsby Real Estate LLC, R M E G Realty Corporation, and Dan Gatsby for damages arising from a dog bite attack. On March 2, 2023, this matter was called for a non-jury trial, and after no appearances by or for either party, the Court dismissed Plaintiff's complaint without prejudice. (Min. Order, March 2, 2023.) On July 28, 2023, Plaintiff filed the instant motion to set aside the dismissal. II. Motion to Set As...

Excerpt: ...ndants 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. Preliminarily, the Court notes there is cu...

Excerpt: ...ed this action against Defendant Alma Lorena Oseguera and Juan Catalan for a subrogation claim arising from a motor vehicle incident, wherein Plaintiff paid for damages of its insured. On November 12, 2019, Plaintiff dismissed Juan Catalan. On October 1, 2020, the Court dismissed the action pursuant to the stipulation for conditional settlement and entry of judgment between Plaintiff and Defendant Alma Lorena Oseguera (“Defendant”). The Court...

Excerpt: ...s, 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. Smart & Final filed a Cross-Complaint against Roes 1-50 for express indemnification, equitable indemnification, equitable contribution, and declaratory relief. Thereafter, Smart & Final filed an amendment to its cross-complaint to name B...

Excerpt: ... on December 16, 2022, that Plaintiff must submit evidence demonstrating proper service of the Statement of Damages on Defendant Shaun Michael Huttar (“Defendant”) prior to entry of default. In this fourth default judgment request, Plaintiff's counsel (“Counsel”) declares that he served the Statement of Damages upon the Defendant prior to entry of default on November 18, 2019. (Wolfson Decl. ¶24; Exh, 6.) This Statement of Damages, dated...

Excerpt: ...“Jalal”) on April 28, 2023. Defendant also propounded request for production of documents (“RPDs”), set one, on Plaintiff Alexandra Gomez (“Gomez”) on April 28, 2023. Defendant granted Plaintiffs Jalal and Gomez two extensions to provide responses, and the deadline to provide responses was on July 10, 2023. As of the filing of the motion, Plaintiffs Jalal and Gomez have not served responses. Defendant therefore seeks an order compelli...

Excerpt: ...l Angel Can (“Can”), Uber Technologies, Inc. (“Uber”), Raiser-CA, LLC, and Rasier, LLC for damages arising from a motor vehicle accident on June 5, 2022. The complaint alleges Plaintiff was a passenger in Can's vehicle when Can made a left turn and collided with Juan Ricardo Barrows. At the time of the accident, Can was allegedly acting as an agent for Uber. At this time, Defendants Uber Technologies, Inc., Raiser-CA, LLC, and Rasier, LLC...

Excerpt: ...t Defendant Super Center Concepts Inc. d/b/a Superior Grocers (“Defendant”) for damages relating to Plaintiff's slip and fall on Defendant's property. Defendant now moves for terminating sanctions against Plaintiff to strike Plaintiff's complaint and/or dismiss the action with prejudice on the grounds that Plaintiff failed to abide by the Court's (1) May 30, 2023 Order to provide further responses to Defendant's special interrogatories and fo...

Excerpt: ...les, 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 tri...

Excerpt: ...iaz (“Plaintiff”). Defendants contend they noticed Plaintiff's in- person deposition on nine different occasions, and that Plaintiff has refused to appear for her in-person deposition. On October 5, 2023, Plaintiff filed her opposition, which was due on or before September 28, 2023. (CCP §1005.) Nonetheless, the Court, in its discretion, will consider Plaintiff's untimely opposition. II. Motion to Compel CCP § 2025.450(a) provides, “If, a...

Excerpt: ...es 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 (“Colocho Defendants”). On March 30, 2021, Plaintiff settled with defendants Schlup and Bautista. Plaintiff dismissed Schlup, Bautista, and all unnamed Doe Defendants. Schlup and Bautista (collectively, “Cross-Complainants”) now move to set aside ...

Excerpt: ...nts (“Termirzavants”) for damages arising from a motor vehicle incident. Plaintiff moves the Court for an order compelling Termirzavants to provide further responses to special Interrogatories, set one, and request for admissions, set one. Plaintiff requests provide further responses to (1) special interrogatories, set one, request Nos. 2-3, 4-13, 16, 19-20 & 23-25; and (2) request for admissions, set one, requests Nos. 1 and 2. Termirzavants...

Excerpt: ...ummitridge Enterprise, LLC, Vladie Star, aka Vladimir Arnoldov(ich) Staroselskiy, and Airstar Group, Inc. for damages arising out of fall on a ladder. On April 29, 2021, the Court granted United Specialty Insurance Company (“USIC”) leave to intervene on behalf of Summitridge Enterprise, LLC and to file a Complaint-In-Intervention. USIC moves for an order compelling Plaintiff to appear for his physical examination with neurologist Barry Ludwig...

Excerpt: ...ed this Petition to compel Liberty Mutual Insurance to arbitrate an underinsured/uninsured motorist dispute relating to a July 2, 2020 automobile collision with uninsured driver Wendell A. Swisher. On November 15, 2021, Petitioners served a Demand for Arbitration on Respondent. However, after confirmation of receipt of the Demand for Arbitration, Respondent requested examinations under oath of both Petitioners and advised that Petitioners' arbitr...

Excerpt: ...Technologies, Inc, Rasier-CA, LLC, Rasier LLC, Miguel Angel Can (“Can”), and Juan Ricardo Barrows (“Barrows”) for damages arising from an automobile collision that occurred on June 5, 2022. The complaint alleges Plaintiff was a passenger in Can's vehicle when Can made a left turn and collided with Barrows. Plaintiff alleges Can was an employee/agent of Uber. At this time, Defendants Uber Technologies, Inc., Raiser-CA, LLC, and Rasier, LLC...

Excerpt: ...LC (“PB Hospitality”) and Liaison Restaurant and Lounge for injuries Plaintiff sustained while attending a party, wherein Plaintiff helped people out of a bounce house that was partially deflated and had his left foot on part of the bounce house when, without warning, another patron jumped in the bounce house and caused air to be pushed to the section of Plaintiff's foot, thereby causing him injury. Plaintiff alleges a single cause of action ...

Excerpt: ...s (“Termirzavants”) for damages arising from a motor vehicle incident. Plaintiff moves the Court for an order compelling Termirzavants to provide further responses to Request for Production of Documents (“RPDs”), set one, and Form Interrogatories, set one. Plaintiff requests full and complete responses, and production of documents as (1) RPDs, set one, request Nos. 1-2, 7-12, 14-15, 17, 26-28, 32 and 44-46 and (2) Form interrogatories, se...

Excerpt: ...es, Inc. (“Apex”) moves to consolidate Case Nos. 21STCV12326, 21STCV22180, 21STCV23203, 21STCV23173, 21STCV25523, and 21STCV24684 contending that the six cases arise from the same event of a roof collapse on July 15, 2019 at Larry Flynt's Lucky Lady Casino. Defendant Casino LLC (“Casino”) joins the motion to consolidate. Apex avers each Plaintiff in each case alleges he or she suffered personal injuries arising from the same event. Case N...

Excerpt: ...ff contends that Belk objected to Plaintiff's four deposition notices without cause. In opposition, defense counsel contends that they repeatedly indicated Belk would appear for his deposition on a mutually agreeable date, and defense counsel offered dates to Plaintiff's counsel. However, Plaintiff did not notice the deposition after the dates were provided. Further, Defendant contends that Plaintiff's motion is set to be heard past the motion-cu...

Excerpt: ...s to compel the deposition of Plaintiff Eugel Nicoleau (“Plaintiff”). Defendant initially took Plaintiff's deposition on June 20, 2023, but the deposition was suspended after several hours when Plaintiff became ill. The parties agreed to resume the deposition at a later date. Defense counsel avers that Plaintiff's counsel has not responded to repeated inquiries for alternate dates. Defendant noticed Plaintiff's resumed deposition for August 7...

Excerpt: ... damages arising out of a trip and fall on the street on December 15, 2020. Plaintiff brings a cause of action for dangerous condition of public property pursuant to Gov. Code section 835. Plaintiff alleges injuries arising from stepping on an uneven, scarred and deformed portion of asphalt on the street. (Compl. ¶ 13.) Defendant now moves for summary judgment. Plaintiff opposes the motion, and Defendant filed a reply. On September 13, 2023, the...

Excerpt: ...bber North America, Inc. (“Sumitomo”), EAN Holdings, LLC, and Jacob Koo (“Koo”) for damages arising from a motor vehicle incident. At this time, Defendants Sumitomo and Koo (“Defendants”) move for an order compelling Plaintiff to appear for a second medical examination with a neurologist. Defendants contend a neurological examination is necessary because Plaintiff claims for traumatic brain injury. Plaintiff opposes the motion, and De...

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 board-certified neurologist Barry Ludwig, M.D. (“Dr. Ludwig”) at 2811 Wilshire Boulevard, Suite 508, Santa Monica, CA 90403 on October 10, 2023 at 9:00 a.m. Defendant contends a neurological examination is necessary because Plaintiff claims her headache and neurological condition was caused by ...

Excerpt: ...Tesoro Refining & Marketing Company LLC, BP West Coast Products, LLC, BP Products LLC, BP Products North America Inc., and BP America Inc. for damages resulting from automatic sliding doors at an entrance, which closed without warning and struck Plaintiff.¿Plaintiff is currently in pro per. Defendants Petrolion, Inc., BP Products North America Inc. and Tesoro Refining & Marketing Company LLC (“Defendants”) now move for terminating sanctions ...

Excerpt: ...nc., Rasier, 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 Defendants”) seek leave to file a cross-complaint against Defendant Francisco J. Giron (“Giron”) for (1) comparative indemnity and apportionment of fault, (2) equitable indemnity, (3) contribution, a...

Excerpt: ...est for production of documents (“RPDs”) on Defendant David Cotton (“Cotton”) on April 24, 2023. At the time, Defendant Cotton was represented by Harry Kane, Esq. of Law Office of Arabelle Aportadera-Torres & Associates. On July 5, 2023, Defendant Cotton's former counsel informed Plaintiff's counsel that the matter was being transferred to Plain Legal, PC. On August 16, 2023, Defendant Cotton's current defense counsel emailed Plaintiff's ...

Excerpt: ...ander Rueda Hernandez for damages arising from an automobile incident. Plaintiff moves the Court for an order compelling Defendant Cevi Med to provide further responses to form interrogatories, set one, and request for production of documents, 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), ¶ 9E, “...

Excerpt: ... of Los Angeles, and County of Los Angeles for damages arising out of a trip and fall on the sidewalk, which occurred on March 11, 2020. The complaint alleges causes of action for premises liability and general negligence. Defendant the City of Santa Monica (“City”) now moves for summary judgment. Plaintiff opposes the motion, and the City filed a reply. A. Moving Argument The City contends it is entitled to judgment as a matter of law becaus...

Excerpt: ...aintiffs”) filed this action against Defendants Lyft, Inc. (“Lyft”), Ayalnesh Tessema (“Tessema”), Raquel Rosasarmijo (“Rosasarmijo”) for damages arising from an automobile incident. The operative Second Amended Complaint (“SAC”) allege Tessema was a Lyft driver, wherein Plaintiffs were passengers of Tessema's vehicle at the time of the collision with Rosasarmijo's vehicle. At this time, Lyft moves for a Protective Order for the...

Excerpt: ...inst Defendant Ethan Sweet (“Defendant”) for damages arising from an automobile incident, wherein Plaintiffs allege Defendant was driving under the influence. On July 6, 2023, Defendant filed his Answer to Plaintiffs' Complaint. After having filed his Answer, Defendant now seeks leave to file a motion to strike portions of Plaintiff's Complaint referring to punitive damages, because defense counsel was unaware Plaintiffs pled punitive damages...

Excerpt: ...fendants Los Angeles Unified School District and County of Los Angeles when a gate fell on Plaintiff. Trial is currently set for March 1, 2024. On April 21, 2022 and January 20, 2023, Plaintiff dismissed the County of Los Angeles and Los Angeles Unified School District. As relevant to the instant motion, 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, Plaint...

Excerpt: ...intiff”) filed this action against Defendant Alfredo Campos Robledo (“Defendant”) for a subrogation claim arising from a motor vehicle incident, wherein Plaintiff paid for damages of its insured. On September 14, 2021, the Court dismissed the action pursuant to the parties' stipulation for entry of judgment. The Court retained jurisdiction over the action pursuant to Code Civ. Proc., section 664.6. On June 27, 2023, Plaintiff filed this mot...

Excerpt: ...) ) ) ) ) ) ) ) ) ) I. Background This is a consolidated action for negligence and negligent entrustment arising from two separate motor vehicle collisions, which took place on November 26, 2019 and on October 14, 2022 in Los Angeles County. On May 13, 2022, Plaintiffs Alexis Bell, Latiffany Draper, and minors Harmony Ellis and Latiffany Ellis, by and through their guardian ad litem Latiffany Draper, filed their Second Amended Complaint against S...

Excerpt: ...lating to Plaintiff's alleged slip and fall on Defendant's property. On May 8, 2023, the Court granted Defendant's motion for summary judgment (“MSJ”). On May 22, 2023, Plaintiff filed a motion for new trial, which the Court denied on August 17, 2023. Thereafter, Defendant filed the instant motion seeking sanctions pursuant to Code of Civil Procedure sections 128.5 and 128.7, arguing that Plaintiff's motion for new trial was frivolous and mad...

Excerpt: ..., Gregory Gray (“Plaintiff”) filed this action against Defendants City of Rancho Palos Verdes and City of Rolling Hills Estates, for injuries related to Plaintiff riding his bike on a sidewalk. The underlying incident occurred on September 26, 2020. As relevant to this proceeding, on June 26, 2023, Plaintiff filed an amendment to complaint naming Palos Verdes Peninsula Unified School District (“District”) as Doe 1. The District, a public ...