Excerpt: ...i (“Defendants”) for injuries arising from a trip and fall due to inadequate lighting conditions on Defendants' property. The complaint sets forth two causes of action for premises liability and negligence. Defendants now demur to the complaint, arguing that the causes of action fail to state sufficient facts to constitute a claim against them. Plaintiff opposes the demurrer, and Defendants filed a reply. 1. Moving Argument Defendants argue t...

Excerpt: ...5, 2022. (Hoy Decl. 3; Exh. A.) On November 25, 2022, Plaintiffs counsel served unverified responses. (ld. at 4; Exh B.) Defense counsel sent several correspondences requesting verified responses without objections. To date, Defendanthas not received verified responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Any opposition was due on or before Febr...

Excerpt: ...g from an automobile collision. Defendant now moves for terminating sanctions against Plaintiff action on the grounds that Plaintiff failed to fully abide by the Court's May 31, 2023 Order by not paying monetary sanctions. Plaintiff opposes the motion, and Defendant filed a reply. II. Terminating Sanctions Code of Civil Procedure § 2023.030 gives the court the discretion to impose sanctions against anyone engaging in a misuse of the discovery pr...

Excerpt: ... a trip and fall over a displaced section of a concrete walkway. The complaint alleges a single cause of action for premises liability. The City moves for judgment on the pleadings on the grounds that it is not liable for common law negligence. Plaintiff opposes the motion, and the City filed a reply. II. Motion for Judgment on the Pleadings 1. Legal Standard A defendant may move for judgment on the pleadings when the “complaint does not state ...

Excerpt: ...ff Jerry Woldum (“Plaintiff”) filed a First Amended Complaint (“FAC”) against defendants East L.A. Dialysis Center, et. al. for damages arising from a heavy gate that fell on Plaintiff while Plaintiff attempted to reposition it. The FAC sets forth three causes of action for (1) negligence, (2) premises liability, and (3) intentional infliction of emotional distress (“IIED”) against all defendants. The FAC includes a prayer for punitiv...

Excerpt: ...4;Kehe”) propounded (1) form interrogatories, set one, (2) special interrogatories, set one, and (3) RPDs, set one, on plaintiff Patrick Rayfield (“Plaintiff”) on June 15, 2023. After granting Plaintiff three requests for an extension, with responses ultimately being due on Octob er 27, 2023, Plaintiff has failed to serve responses to date. Kehe therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding...

Excerpt: ... defendant Century Hill Association (“Defendant”) for injuries arising from an alleged dangerous condition of Defendant's property. On October 18, 2022, the Court granted Defendant's unopposed motion for terminating sanctions on the grounds that Plaintiff failed to serve discovery responses in compliance with the Court's August 18, 2022 Order. Plaintiff's counsel did not appear at the hearing, and Plaintiff's action against Defendant was dism...

Excerpt: ...geles (“County”) for damages arising from an automobile incident. The complaint sets forth a single cause of action for negligence, and includes a prayer for punitive damages. The County now moves to strike the prayer for punitive damages. As of February 21, 2024, no opposition was filed. II. Legal Standard 1. Procedural Before filing a motion to strike, the moving party shall meet and confer in person or by telephone with the party who has f...

Excerpt: ...n defendant Jose Noyola (“Defendant”) on August 16, 2023. Responses were due on or before September 16, 2023. However, Defendant has not served responses to date despite Plaintiff's counsel's numerous attempts to meet and confer. Plaintiff therefore seeks an order deeming the RFAs admitted against Plaintiff. The motion was previously heard and denied on December 15, 2023 due to a service issue regarding Defendant's attorney's of record. Since...

Excerpt: ...Liat Beroukhai (“Defendant”) for damages arising from an automobile incident. Plaintiff now moves to compel the deposition and production of documents of non - party Jonathan Marsand Balter (“Balter”). Plaintiff asserts he served Balter with a valid deposition subpoena that required Balter to appear for his deposition on October 18, 2023, but Balter failed to appear. The motion is unopposed. II. Motion to Compel Non -Party Deposition A pa...

Excerpt: ...t of a trip and fall on uneven pavement on April 29, 2021. The complaint sets forth a single cause of action for premises liability. A. Moving Argument Defendant argues that the uneven pavement was a trivial defect as a matter oflaw, because it measured at 7/8 (or 0.875) of one inch at its highest point and that there were no aggravating factors such as any jagged edges, broken pieces, obstructions, or shadows ccrv•enng the offset There have be...

Excerpt: ...ff”) filed a First Amended Complaint (“FAC”) against defendants East L.A. Dialysis Center, et. al. for damages arising from a heavy gate that fell on Plaintiff while Plaintiff attempted to reposition it. The FAC sets forth three causes of action for (1) negligence, (2) premises liability, and (3) intentional infliction of emotional distress (“IIED”) against all defendants. The FAC includes a prayer for punitive and exemplary damages. De...

Excerpt: ...ncident Defendant now seeks the production of business records from VA Long Beach Healthcare System ('VA Long Beach"). Plaintiff testified he received treatment at VA Long Beach for injuries arising from the incident Defendant served VA Long Beach through Defendants subpoena vendor, seeking: "[Any and all documents and medical records peftaming to the exammation, care, diagnosis, and treatment of the patient, including but not limited to all offi...

Excerpt: ...a trip and fall over a moving cart. Trial is currently set for April 29, 2024. On November 17, 2023, defendant Macy's Retail Holdings, LLC (erroneously sued as Macy's) (“Defendant”) filed the instant motion for leave to obtain an additional independent medical examination (“IME”) of Plaintiff with Defendant's neurosurgeon Paul E. Kal oostian, M.D. (“Dr. Kaloostian”) for Plaintiff's alleged spinal injury. Any opposition was due on or b...

Excerpt: ...iff') on lune 12, 2023. Defendant granted Plaintiff an extension through July 31, 2023, but no responses were received by that date. On August 14, 2023, after havmg still received no responses, defense counsel emailed Plaintiffs counsel requesting responses be served without objections. On August 14, 2023, Plaintiffs counsel served unverified responses With objections. After a series of meet and confers, Plaintiff served supplemental responses fo...

Excerpt: ...io (“Osorio”) ( collectively, “Plaintiffs”) filed this action against defendants City of Los Angeles (“City”) and Nathaniel Miranda for damages arising from an automobile incident. Trial is currently set for March 6, 2024. On January 31, 2024, the City filed the instant motion to continue the trial date by 60 days and to reopen discovery. Defendants aver that the City's vehicle inspection was offered to be completed in February 2024, ...

Excerpt: ...g from a trip and fall over a moving cart. Trial is currently set for April 29, 2024. On November 16, 2023, defendant Macy's Retail Holdings, LLC (erroneously sued as Macy's) (“Defendant”) filed the instant motion for leave to obtain an additional independent medical examination (“IME”) of Plaintiff with Defendant's spine surgeon Mark J. Sp oonamore, M.D. (“Dr. Spoonamore”). Any opposition was due on or before February 15, 2023; none ...

Excerpt: ...d Plaintiffs Jackson Scott Young (“Jackson”) and Teri Young (“Teri”) (collectively, “Young Plaintiffs”) filed their First Amended Complaint (“FAC”) against defendants Dapper Dan's Car Wash, General Wash LLC, and General Wash Land I, LLC for injuries arising from allegations that Plaintiff Jackson's vehicle lost traction due to a “deposit of water, soap -like and wax -like substances”, causing his vehicle to collide with a ...

Excerpt: ...s 1 to 25 for damages arising from a trip and fall on a concrete lip. On July 28, 2022, the City filed a cross-complaint agamst HNF International, Inc. ("HW'). On September 15, 2022, HNF filed its Answer and a cross-complaint against California Grading & Paving Co. Inc. ("CGP"). CGP filed its Answer on Januaty 3, 2023. On November 14, 2023, Plaintiff filed amendments to complaint naming CGP as Doe 1 and HNF as Doe 2. Trial is currently set for Ap...

Excerpt: ... by and through 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, Palos Verdes Peninsul a Unified School District, and Does 2 through 50 for injuries caused by a sidewalk that allegedly ejected Plaintiff from his bicycle. On December 19, 2023, the Court granted Palos Verdes Peninsula Unified School District's dem...

Excerpt: ..., a minor, and Nathan Rabbaman ("Nathan"), a minor, by and through their Guardian Ad Litem, Hourash Khazan, (collectively, "Plaintiffs") filed this action against defendant Igor Lopatonok ("Defendant') for damages arising from a dog bite. Plaintiffs move for trial preference pursuant to CCP S36(b). Defendant opposes the motion, and Plaintiffs filed a reply. Defendant moves to continue the trial date to October 15, 2024 and extend discovety cut- o...

Excerpt: ... machinery while Plaintiff was cleaning up leaves, branches, and logs. Defendants Garen Akylan and Vahe Akylan (erroneously sued as Vahe Akliyan) ("Defendants') now move for terminating sanctions against Plaintiff to dismiss Plaintiffs action with prejudice for failing to serve verified discovery responses in compliance with the Courts September 8, 2023 and November 15, 2023 Orders pertaming the Defendants' motions to compel discovery responses. ...

Excerpt: ...nchez (“Sanchez”), Jose Alejandro Medina (“Medina”), Uber Technologies, Inc., Rasier LLC, Rasier -CA LLC, and ZLS Trans Inc. (“ZLS”) for damages arising from an automobile collision. The FAC sets forth three causes of action for (1) negligence, (2) negligence per se, and (3 ) negligent entrustment. Defendants Uber Technologies, Inc., Rasier LLC, Rasier -CA LLC (collectively, “Uber Defendants”) move for judgment on the pleadings th...

Excerpt: ...Defendant”) in this subrogation action arising from a motor vehicle incident, wherein Plaintiff paid for property damages on behalf of its insured Vahakin Nazerian. On March 23, 2023, the Court dismissed the action pursuant to the stipulation for entry of judgment between Plaintiff and Defendant. The Court retained jurisdiction over the action pursuant to Code Civ. Proc., section 664.6. On December 7, 2023, Plaintiff filed this motion to set as...

Excerpt: ...from an automobile collision. Plaintiff moves the Court for an order compelling Hertz to provide further responses to Request for Production of Documents ("RPDs"), set one, as to Nos. 5 and 7, without objections. Hertz opposes the motion, and Plaintiff filed a reply. II. Procedural Requirements 1. Meet and Confer A motionito compel further responses to requests for production "shall be accompanied by a meet and confer (Code Civ. Proc. S 2031.31 T...