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

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

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

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

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

Excerpt: ...ld, LLC and Alicia Williams for injuries Plaintiff allegedly sustained when she slipped and fell on water near the door of the restroom on June 9, 2019. On July 5, 2022, Plaintiff filed an amendment to complaint naming Nationwide Janitorial Services, Inc. as Doe 1. Defendants Culver City Mall, LLC, erroneously sued as Westfield, LLC, and Nationwide Janitorial Services, Inc. (“Defendants”), at this time, move for an order permitting Defendants...

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

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

Excerpt: ...geles (“City”) and Tyler Patrick Whiteman (“Whiteman”) for damages arising from an automobile incident. Plaintiff alleges that on January 22, 2020, Whiteman lost control of his vehicle and collided with Plaintiff's vehicle. Plaintiff sets forth a cause of action for liability of public entities and public employees pursuant to Gov. Code section 815.2 and 820. At this time, Plaintiff moves to compel the City to produce medical employment r...

Excerpt: ...inst defendants Santa Clarita Studios Corp. (“SCSC”), Bryan Keith Garst (“Garst”), and Garsteel Designs, alleging negligent installation of a door, which results in a dangerous condition to exist on the premises. Plaintiffs Gilbert Badillo (“Gilbert”) and Teresa Badillo (“Teresa”) (collectively, “the Badillos”) filed a complaint against SCSC and Does 1 to 100 for premises liability, alleging damages arising from the falling do...

Excerpt: ...ction against Defendant, City Los Angeles County Metropolitan Transportation Authority (METRO) (“Defendant”) for damages arising the doors of Defendant's bus on May 4, 2020. Plaintiff sets forth a single cause of action for general negligence. At this time, Defendant moves for summary judgment on the grounds that Plaintiff failed to timely file a tort claim pursuant to Gov. Code §911.2. Any opposition was due on or before January 18, 2024. T...

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

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

Excerpt: ... 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: ...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: ...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...