Excerpt: ...hat is alleged to have occurred on October 8, 2019. (Complaint, MV-I.) Luis Lopez Nunez and Raquel Jimenez ("Plaintiffs*) allege that Joseph Tyler McVeigh and Angela Cooper McVeigh ("Defendants") are liable for the collision that occurred at Slauson Avenue and Compton Avenue in Los Angeles, California. (Complaint, 4.) The initial Complaint was filed on September 23, 2021. The instant Motion to Quash ("MTQ") was filed by Defendant Joseph McVeigh o...

Excerpt: ...e Department (the "LAPD") and Thanh Long Dinh Nguyen ("Nguyen") for damages arising from a motor vehicle accident However, the correct defendant was the "City of Los Angeles," not "LAPD." On October 30, 2020, the Court approved Plaintiffs Amendment of the Complaint to change LAPD to the City of Los Angeles. Plaintiff now moves for an order (1) granting in-camera review of (a) Defendant Nguyen's personnel records, (b) Field Training Offcer Attila ...

Excerpt: ...is ("Defendant") for damages arising from a motor vehicle accident. On November 2, 2022, Defendant filed the instant motion to dismiss Plaintiff's complaint pursuant to CCP S 583.410 (Res. ld. 8947). Additionally, on January 11, 2023, Defendant filed the instant motions to compel further responses to requests for of documents, set one, (Res. ld. 4647) and form and special interrogatories, set one, (Res. ld. 6684) against Plaintiff. The motions to...

Excerpt: ...inst Defendant Byeong Joon Lee ("Defendant") for motor vehicle negligence arising out of an auto accident on August 8, 2018. On December 21, 2022, Defendant filed a motion to compel further responses to Form Interrogatories, Set One, which had been served on Plaintiff on October 12, 2022, and to which Defendant had served responses on November 4, 2022. An Informal Discovery Conference ("IDC") conceming these discovery requests was held on May 16,...

Excerpt: ... PRODUCTION AND FOR AN ORDER IMPOSING MONETARY SANCTIONS OF $432 Dept 31 1:30 p.m. Mav 30, 2023 1. Defendant(s). Background On February 10, 2020, Plaintiffs Samer Saba ("Saba") and Samira Alarbaji ("Alarbaji") (collectively, "Plaintiffs") filed this action against Defendants Ricardo Antoni Cantu ("Cantu") and Classic Floor Care Inc. ("Classic Floor") (collectively, "Defendants"), asserting bvo causes of action for (1) motor vehicle, and (2) gener...

Excerpt: ... PRODUCTION AND FOR AN ORDER IMPOSING MONETARY SANCTIONS OF $432 Dept 31 1:30 p.m. Mav 30, 2023 1. Defendant(s). Background On February 10, 2020, Plaintiffs Samer Saba ("Saba") and Samira Alarbaji ("Alarbaji") (collectively, "Plaintiffs") filed this action against Defendants Ricardo Antoni Cantu ("Cantu") and Classic Floor Care Inc. ("Classic Floor") (collectively, "Defendants"), asserting bvo causes of action for (1) motor vehicle, and (2) gener...

Excerpt: ...et One, and for Monetary Sanctions in the amount of Sl ,635.00 Defendant Super Center Concepts, Inc., d.b.a. Superior Grocers' Motion to Compel Plaintiffs Further Responses to Form Interrogatories, Set One, and Monetary Sanctions in the amount of Sl ,810.00 Dept. 31 1:30 p.m. May 30, 2023 This is a personal injury case arising from injuries suffered while at a grocery store. Sherry Delgadillo ("Plaintiff) filed suit against Superior Grocers ("Def...

Excerpt: ... NIED against defendants Helena Minye, D. D., S. ("Minye"), and Beautiful Smile Dental Group ("BSDG"). This matter arises from Plamtiffs dental treatment with Defendants. On March 17, 2021, Plaintiff dismissed her cause of action for IIED. Minye (hereinafter referred to as "Defendant") now moves the Court for summary judgment 2. Motion for Summary Judgment a. Moving Argument Summary judgment is proper because Defendant complied with the applicabl...

Excerpt: ... Janelle Branning, Olive Vista Middle School, Los Angeles Unified School District, and Does 1 to 50 for injuries Plaintiff sustained when Defendant Branning's dog attacked and bit Plaintiff Martinez. The incident occurred at Olive Vista Middle School on Los Angeles Unified School District's property. The Complaint alleges causes of action for (1) general negligence and (2) premises liability. Defendant Los Angeles Unified School District (LAUSD) ...

Excerpt: ...ofia Marlene Avalos de Galvez, Maria Jose Galvez, and the Estate of Gregorio de Jesus Galvez Avalos a,'k/a Alexander Galdamez (collectively "PlaintiffsÆ) filed this action on March 15, 2022, alleging causes of action against Defendants Pacific Gas and Electric Company, PG&E Corporation, UM:Kogyo, Inc., Sherrill, Inc., Bishop Supply Company of California, Bishop Supply Company of Delaware, Bishop Company, Bishop Supply LLC, Vertical Supply Group,...

Excerpt: ...dal, Carlos A. Zumga, Q Transport Inc„ Jonathan D. Liem, Clean Diesel Specialists So. Cal. Inc„ and Does 1-50 alleging causes of action for motor vehicle negligence and wrongful death. The wife and mmor children of Decedent Ricardo Rodriguez bring this action after a fatal traffic collision occurred. The Complaint alleges that Defendants carelessly, negligently, grossly negligently, and recklessly operated and drove their commercial vehicles,...

Excerpt: ...zavants ("Vahe") for motor vehicle negligence and general negligence arising out of an auto accident on August 19, 2020. On January 30, 2023, April 12, 2023, Plaintiff filed motions to compel further responses to a set of Form Interrogatories and a set of Inspection Demands, both served on Defendant Vahe on October 20, 2022 The parties participated in an Informal Discovery Conference ("IDC") concerning these discovery requests on April 25, 2023. ...

Excerpt: ...d litem, Patricia Nathali, (collectively, "Plaintiffs") filed this action against detendants Con-Way Freight Inc. ("Con-WayÆ), XPO Logistics Freight ("XPO LogisticsÆ), and Jose Nunez Hernandez ("Hernandez") tor damages arising from a collision between a train and tractor trailer On June 16, 2021, Plaintiffs tiled the operative Second Amended Complaint alleging the crash occurred on or about September 1, 2015, when Hernandez, who was in the cour...

Excerpt: ...�ctving this disæ_lte. 1>tot2r24.2022. 14.) on N —Iber 1 1 2022, emsiled Plaintiffs (Kæhsni 5) Plsintiffs th8t unlike diÄi e.g„ for Adm not to informstion; rether. their pw'nse s admi"ion cfthings thst & 31 250, 261 FSIlure to timely to Adm' in of to the clsims of Proc., S 203-3280, in #rty requæting Wth of sny in the sdrnitt&i ss well it finds thet responæ thst product [CCP S code Cu sn thst Mth statutow of sry nustmske this which is to...

Excerpt: ...actual Background Plaintiff, Uri Perez ("Plaintiff") filed this action against Defendant, George Anderson ("Defendant") for damages arising from a motor vehicle accident. On June 10, 2020, Plaintiff amended the Complaint to add Defendant Karo Vartanian. Trial is currently set for June 28, 2023. II. Discussion 1. Motion to Compel Further Responses to Special Interrogatories, Set Two On February 27, 2023, Defendants filed a request for an order com...

Excerpt: ...nt Anthony Contreras ("Defendant") for Motor Vehicle and General Negligence arising from an automobile collisiom Defendant moves for an order terminating sanctions in the form of a dismissal of Plaintiffs complaint for his misuse of the discovery process and failure to obey the Court's February 15, 2023 order pursuant to Code of Civil Procedure sections 2023_030(d) and (g) and 2023.030(3). The motion is unopposed. Motion for Terminating Sanctions...

Excerpt: ...ng as a passenger in the vehicle of Defendant Norman Thomas at the time, the latter of whom was allegedly operating the vehicle on behalf of Defendant Lyft, Inc. ("Lyft"). Defendant Dejon Daniels was another driver involved in the accident. Plaintiff filed this lawsuit on August 12, 2022, alleging causes of action against Defendant Thomas, Lyft, and Daniels for Motor Vehicle and General Negligence. Lyft filed the instant petition to compel arbitr...

Excerpt: ...rporation, and Hertz Vehicle, LLC (collectively, "Defendants"), asserting one cause of action for negligence, arising out of an automobile accident on or January 23, 2019. On July 8, 2022, the Court held the Final Status Conference ("FSC"), but none of the parties appeared for the hearing. Therefore, the Court placed the FSC off-calendar and kept the non-jury trial date of July 22, 2022 On July 22 2022 the Court held the non-jury trial, but Plain...

Excerpt: ....280, Healthcare Consulting. Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.)i A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work producti (Code Civ. Proc., SS 2030.290, subd. (a), 2031.300, subd. Unlike a motion to compel further responses, a motion to compel responses is not subject to a 45-day time limit and the propound...

Excerpt: ...o attempt to reach an agreement that would resolve the objections to the pleading. (Code Civ. Proc„ 55 430.41, 435.5.) "Any determmation by the court that the meet and confer prc„cess was insufficient shall not be grounds to overrule or sustain a demurrer." (Code Civ. Proc„ S 430.41, subd The meet and confer requirement has been met (Shon Decl. 4, Ex. B.) LEGAL STANDARD A. Demurrerü , A demurrer can be used only to challenge defects that a...

Excerpt: ...2022, alleging his sole cause of action for motor vehicle negligence against Defendants Kenneth Orlando Thompson and Ricky Bledsoe dba LA Blue Plumbing Heating & AC ("Bledsoe") based on a motor vehicle accident that occurred on February 28, 2020. Bledsoe, at this time, demurs to the Complaint on the grounds that it fails to state a cause of action under Code of Civil Procedure section 430.10(e), specifically on the grounds that Plaintiffs claim i...

Excerpt: ...une 11 , 2020, Plaintiffs Maryam Sadeghi-Talash and Indira Pacheco ("Pacheco") filed an action against Defendants Taylor Brooke and Ashley Barrett for damages arising from an automobile accident Defendants Brooke Davey (erroneously sued as Taylor Brooke) and Ashley Barrett (collectively "Defendants*) move for an order for terminating sanctions in the form of a dismissal of Plaintiff Pacheco's case for failure to obey the Court's Order of December...

Excerpt: ...ks ("Plaintiff') sued defendants Donatello Stone Design Inc. ("DSD"), Wilmer Rolando Cruz Lopez ("Lopez") and Babken Ovsepian for damages arising out of a motor vehicle accident specifically when she collided with a Ford F250 carrymg concrete. She alleges negligence, negligent entrustment and negligent hiring, retention, or supewision. On January 26, 2023, Plaintiff moved the court for leave to amend to add punitive damages allegations. On March ...

Excerpt: ...riana Dorantes ("Plaintiff) filed this action against Defendant Mohsen Hamidi Hashemi ("Defendant") for damages arising from a motor vehicle accident. On July 21, 2022 Defendant propounded written discovery requests, namely Supplemental Demand for Production, Inspection, and Copying of Documents No. 1 and Supplemental Interrogatory No. 1. At this time, Defendant moves to compel Plaintiff to respond without objection to each discovery request Defe...

Excerpt: ...Blair, and Does 1 to 100 for Motor Vehicle and Liability for the Wrongful Act or Omission by Public Entity Employees arising from a vehicle collision between Plaintiff and Defendant Billy Blair, while in the course and scope of his employment with Defendant City of Beverly Hills Defendants City of Beverly Hills and Billy Blair (collectively "Defendants") now move to continue trial the trial date from July 24, 2023 to April 1, 2024, or a date that...

Excerpt: ...rance Company ("Plaintiff") filed this action agamst Defendant Brian Bajah ("Defendant') for subrogation to recover damages paid to its insured relating to a motor vehicle accident involvmg Defendant. On June 16, 2020, Plaintiff filed an Application for Publication seeking an order directing service of the summons and complaint on Defendant by publication in the Los Angeles Independent newspaper An Order for Publication was signed and filed by th...

Excerpt: ...strada ("Estrada") filed an action against Defendants Amy Ziqing Wu and Ping Wu (collectively "Defendants") alleging Motor Vehicle and General Negligence arising out of an automobile accident Defendants moves for an order for terminating sanctions in the form of a dismissal of Plaintiff Estrada's case for failure to obey the Courts November 14, 2022 and March 24, 2023 orders to respond to discovery and pay a monetary sanction. The motion is made ...

Excerpt: ... MUTUAL AUTO INSURANCE COMPANY'S MOTION FOR SUMMARY JUDGMENT Dept. 31 1:30 p m. May 22, 2023 1. Background On July 11, 2019, Plaintiff Gerardo Munoz Torres ("Torres") filed Case no. 19STCV24187 against defendant Jinsun Michelle Moon ("Moon") for damages arising from a motor vehicle accident Torres was allegedly acting within the course and scope of his employment at the time of the accident, and on August 7, 2019, Oak River Insurance Company ("Oa...

Excerpt: ... against Defendant Lucky Nails & Foot Spa ("Defendant'), which arises from an actylic fingernail strikmg and lacerating Plaintiffs eye. Defendant now moves for summary judgment or, in the alternative, summary adjudication. Plaintiff opposes the Motion, and Defendant has filed a reply. 2. Motion for Summary Judgment a. Moving Argument Defendant did not owe the duty of care that Plaintiff seeks to impose. Plaintiff also cannot establish that Defend...

Excerpt: ...le accident Plaintiffs allege that Torres was in the course and scope of his employment with Vista at the time of the accident Defendant Vista now moves for summary judgment Plaintiffs oppose the motion, and Vista filed a reply. 2. Motion for Summary Judgment a. Evidentiary Objections Defendant's objection are OVERRULED. b. Burdens on Summary Judgment Summary judgment is proper "if all the papers submitted show that there is no triable issue as t...

Excerpt: ...dant Sharon L. McGann ("Defendant") for Negligence and Personal Liability arising from Plaintiffs fall from a pergola at Defendant's residence Defendant had hired Cross-Defendant Ed Williams ("Cross- Defendant) to wash the windows and solarium of her residence. Cross-Defendant invited Plaintiff to assist hirm On March 21 , 2021 , Defendant filed a cross-complaint against Cross-Defendant for Complete Indemnity, Partial Indemnity, and Declaratory R...

Excerpt: ...California ("EDD" or "Defendant') for emotional injuries arising from disqualification and termmation of Plaintiffs benefits. On January 12, 2023, Plaintiff filed the operative First Amended Complaint ("FAC") against EDD for (1) willful and wanton conduct (2) intentional infliction of emotional distress, and (3) personal injury — non economical damages. Defendant EDD now demurs to the complaint arguing It fails to state a claim agamst it Plaint...

Excerpt: ...on against Defendant Calin Stoica ("Defendant") for damages arising out of an automobile accident Plaintiff Barbieri settled his case with Defendant and signed a release. Defendant moves for an order for terminating sanctions in the form of a dismissal of Plaintiff Beasley's complaint for her failure to obey the Court's December 16, 2022, order to respond to discovery The motion is made pursuant to Code of Civil Procedure SS 2023.010(d) and (g) a...

Excerpt: ...ively, "Plaintiffs"), filed this action against Defendants County of Los Angeles, City of Los Angeles, The Los Angeles County Sheriffs Department ("LASD"), Carlos Turcios, Sylvia M. Turcios, and Does 1 through 100 (collectively, "Defendants*) for motor vehicle negligence, general negligence, negligent infliction of emotional distress upon a bystander, and dangerous condition of public property (violation of Government Code Sections 830 et seq_). ...

Excerpt: ...r 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 to proceed with it or to produce for inspection any document electronically stored information, or tangible thing described in the deposition notic...

Excerpt: ...an automobile accident. Plaintiff filed the Complaint on January 4, 2016. Plaintiff filed proof of service on Defendant on July 7, 2017. On May 2, 2019, the Court held an Order to Show Cause Re: Why This Action Should Not Be Dismissed for Failure of Plaintiff to Enter Default / Default Judgment Pursuant to California Rules of Court Sections 3110(g) and 3.110(h) and an Order to Show Cause Re: Why This Action Should Not Be Dismissed For Delaying an...

Excerpt: ...laintiff) filed this action against Defendants Andres Gutierrez and Elizabeth Gutierrez (collectively "Defendants") for damages arising from a rear-end automobile accident that occurred on April 10, 2017. On September 13, 2022, Defendants caused to be issued a deposition subpoena for personal appearance and production of documents and things to Payam Yermian, DC., who treated Plaintiff with respect to Plaintiffs claimed injuries. Now Defendants m...

Excerpt: ...a hit and run collision. Plaintiff alleges that his vehicle was struck by a vehicle rented through Avis. Plaintiff amended the Complaint to add Defendant Pedro Ivan Jiminez Aguilera ("Aguilera") on October 14, 2021. Plaintiff asserts causes of action for motor vehicle and general negligence. As agamst Defendant Avis, the claims are based on negligent entrustment. Defendant Avis now moves for summary judgment, or alternatively summary adjudication...

Excerpt: ... 1793.20; (3) Violation of Civil Code Section (4) Breach of Express Warranw (Civil Code Sections and 1794); and (5) Breach of Implied Warranty of Merchantability (Civil Code Sections 1791.1 and 1794) On March 30, 2022, Plaintiff filed this instant motion. On December 9: 2022, the Court held an Informal Discovety Conference ("IDC')_ The Court noted that the parties resolved most their discovety issues as Defendant has agreed to produce the documen...

Excerpt: ...ros") for damages relating to Plaintiffs alleged trip and fall on a sidewalk. Plaintiff alleges there was a metal rod sticking out onto the sidewalk and as a direct result Plaintifftripped, fell, and sustamed serious injury. (Complaint, TII.) The complaint alleges causes of action for (1) Statutoty Liability pursuant to Government Code Section 835 2, (2) General Negligence, and (3) Premises Liability. Defendant City now moves for summary judgment...

Excerpt: ...pany, Inc. ("Defendant") for negligence On April 12 2023, Plaintiff filed motions to compel further responses to Demand for Production of Documents, Set Two and Special Interrogatories, Set Three. On April 19, 2023, the parties participated in an Informal Discovery Conference ("IDC") concerning these discovery requests, which included requests for contact information of employees of Defendant who witnessed Plaintiffs alleged injuries and for cert...

Excerpt: ...rmis filed this action agamst Defendants Sajjad Takallou, Maryam Ghasemi, and DOES 1-10 for motor vehicle and general negligence. The action arises from an accident on February 2, 2020 where Plaintiffs were struck by Defendants' vehicle while they were walking across a crosswalk at Independence Avenue and Vanowen Street in Los Angeles. Trial in this matter is currently set for May 31, 2023. On April 18, 2023, the parties submitted a stipulation t...

Excerpt: ...liability and negligence On January 3, 2022, Plaintiff Juana Martinez Figueroa filed a complaint against Defendants Immaculate Conception Catholic Church, Archdiocese of Los Angeles, and DOES 1-25. Trial in this matter is currently set for July 3, 2023. Relevant to this motion, Defendants' motion for summary iudqment is set to be heard on July 18, 2023, two weeks after trial is currently set to begin. Defendants now move to continue the current t...

Excerpt: ...y Tashkoff ("Tashkoff) Michael Chiranian ("Chiranian"), and Precision Rent A Car, LLC ("Precision") for damages arising from a motor vehicle accident vs. pedestrians accident Plaintiffs allege that Tashkoffran a redlight and hit Plaintiffs while they were crossing the street Plaintiffs allege that Precision negligently permitted Tashkoffto drive the vehicle, which was owned by Chiranian. The operative First Amended Complaint asserts causes of act...

Excerpt: ...s, LAX for injuries Plaintiff sustained when "Plaintiff was loading luggage when his foot fell into and tvvisted beb,veen an open gap in the street" (Compl. at pp. 4, 5.) Plaintiff alleges the incident occurred on June 10, 2021. The complaint alleges causes of action for general negligence and premises liability agamst defendants. The premises liability claim includes a count for dangerous condition of public property. Defendant the City now move...

Excerpt: ...r injuries Plaintiff sustained due to an alleged unsafe condition on Defendant's property. Plaintiff alleges she was mjured on or about January 10, 2018. The complaint alleges causes of action for general negligence and premises liability agamst Defendant. At this time, Defendant moves for judgmenton the pleadings as to Plaintiffs complaint Plaintiff opposes the motion, and Defendant filed a reply. Defendant contends that Plamtiffs negligence and...

Excerpt: ...ly 21, 2022. Plaintiff provides that after multiple extensions were granted, responses were due on or before October 17, 2022. Plamtiffavers that to date Defendant has failed to sewe verified responses to the discovery requests. Plaintiff therefore seeks an order compelling Plaintiffto respond, without objections, to the outstanding interrogatories and RPDs and deeming the RPAs admitted. Defendant opposes each motion. Defendant argues that it sew...

Excerpt: ...is Brass, and Glenda A. Brass for damages relating to Plaintiffs alleged trip and fall over a raised portion of sidewalk that presented a dangerous condition at or near the premises located at 330 Queen Street Inglewood, California 90301 (the "Queen Street Property"). The complaint alleges causes of action for premises liability/violation of Government Code and negligence/violation of Government Code. The premises liability claim includes a count...

Excerpt: ...igence. Plaintiff alleges she was on Defendant's premises waiting in line to enter its store when an employee negligently allowed a metal dumpster door to violently swing open and into Plaintiff At this time, Defendant moves for a protective order prohibiting the deposition of Fonda Burke ("Burke"). Plaintiff opposes the motion, and Defendant filed a reply. Defendant provides that on February 6, 2023, Plaintiff unilaterally noticed the deposition...

Excerpt: ...lleged slip and fall in Defendant's property. Plaintiff alleges that as she walked near a hostess booth within the subject premises, she stepped on an unknown substance on the floor that caused her to slip and fall. (Compl_ at pp. 4, 5) The complaint alleges causes of action for negligence and premises liability against Defendant Defendant now moves for summary judgment, or altematively, summary adjudication, as to Plaintiffs claims. Plaintiff op...

Excerpt: ...cident Trial in this action is currently set for August 4, 2023. At this time, Plaintiff moves to augment his expert witness list and to reopen fact and expert discovery. Defendant opposes the motion. Any reply to the motion was due on or May 1, 2023 As of May 3, 2023, no reply has been received. Plaintiff provides that his current counsel substituted into the action on December 16, 2022, and upon review of Plaintiffs file determined that Plainti...

Excerpt: ...y sued as West Valley Occupational Center ("Defendant" or "LAUSD") for injuries relating to Plaintiffs slip and fall on Defendants property. On June 16, 2021, Plaintiff filed the operative Second Amended Complaint ("SAC") alleging causes of action for (1) negligence, (2) premises liability, and (3) dangerous condition of public property. On August 30, 2021, Defendants demurrer to the SAC was sustained without leave to amend. On October 20, 2022, ...

Excerpt: ...efendants employee allegedly drove "an industrial caddy* inside Defendant's store and crashed into Plaintiff On October 12, 2022, Plaintiff filed the instant motion to compel further responses to request for production of documents ("RPDs"), set one, against Defendant On December 20, 2022 Defendant filed its opposition to the motiom On April 10, 2023, the pallies participated in an Informal Discovery Conference conceming the RPDs, but the issues ...

Excerpt: ...f sustained while on board of Defendant's aircraft. At this time, Defendant moves for terminating sanctions against Plaintiff for disobeying the Court's December 8, 2022 order regarding written discovery responses, and for failing to submit to authorized methods of discovery. The motion is unopposed On April 28, 2023, Defendant filed a reply noting that no opposition was served or filed by Plaintiff 2. Motion for Terminating Sanctions Code of Civ...

Excerpt: ...mco") for damages arising from a trip and fall on the lawn of a property located ator near 1050 Frederick St., Venice, CA 90291. Plaintiff alleges the property was in a dangerous condition due to a "grass concealed hole on the lawm" (Compl_ at p. 4.) The complaint alleges causes of action for general negligence and premises liability. On October 15, 2019, Lincoln Place and Aimco filed a cross-complaint equitable indemnity, declaratory relief, and...

Excerpt: ...ries 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 immediatelv,' slammed shut onto Plaintiffs body causing him to suffer injuries. (Compl_ at MI 10-11.) The complaint alleges causes of action for general negligence and premises liability. Defendants now move for summary judgment or altemativel...

Excerpt: ...e, and Does 1-25 for damages relating to Plaintiffs alleged trip and fall on a sidewalk The complaint alleges causes of action for general negligence and premises liability. The premises liability claim includes counts for negligence, willful failure to warn, and dangerous condition of public property. On February 27, 2023, Plaintiff filed a Notice of Errata Re: Complaint providing that the premises liability claim erroneously states the incident...

Excerpt: ...dia Flores Trinidad (collectively, "Defendants") for damages related to Plaintiffs trip and fall on steps on Defendants' property. At this time, Plaintiff moves to augment her list of expens by replacing one of Plaintiffs originally retained experts, Dr. Cebula, with Plaintiffs recently retained expert, Dr. Grossmam Defendants oppose the motion. Any reply to the motion was due on or before April 26, 2023. On April 27, 2023, a reply was filed at 4...

Excerpt: ...t Nancy Foster ("Defendant") for damages arising from a motor vehicle accident Defendant now moves for leave to conduct a neurological examination of Plaintiff Sheila, more than 75 miles from Ms. Keller's residence, before Dr. Edwin C. Amos ("Dr. Amos") on May 15, 2023, at 2:00 p.m., at 2021 Santa Monica Blvd. Suite 525E Santa Monica, California 90404. Sheila opposes the motion, and Defendant filed a reply. Defendant provides that after meeting a...

Excerpt: ...r injuries relating to Plaintiffs trip and fall on an alleged defective concrete walkway that occurred on December 2, 2019. On February 25, 2022, the City filed a cross- complaint for indemnification, apportionment of fault, and declaratory relief against Roes 1-20. As relevant to this proceeding, on October 3, 2022, the City filed an Amendment to Cross-Complaint naming Jade Enterprises, LLC ("Jade") as Roe 3. Jade now demurs to the cross-complai...

Excerpt: ... slip and fall at Defendant's premises. Trial is currently set for July 3, 2023. Defendant now moves for an order specially setting Defendant's motion for summary judgment for hearing, or altematively, to continue the current trial date to a date after the hearing on Defendants summary judgment motion. On April 4, 2023, Defendant filed a Notice of Rescheduled Date for Hearing on Defendants Motion for Summary Judgment providing that while Defendan...

Excerpt: ...n against Defendant Hank Lachman ("Defendant") for injuries Plaintiff sustained after Defendant intentionally discharged a firearm at Plaintiff Plaintiff alleges he was shot twice in the arm. On October 12, 2022, Defendant's counsel Allison 8. Margolin ("Margolin") moves for an order to set aside and vacate the order entered on August 23, 2022, denying Margolin's motion to be relieved as counsel. No opposition has been received to this motiom Add...

Excerpt: ...for damages arising from a motor vehicle accident that occurred in Sacramento, California on September 11, 202m At this time, Defendant Biomedical Waste Disposal, Inc. ("Defendant") moves for an order transferring venue to Sacramento County Superior Court pursuant to CCP SS 395(a) and 397(c). Plaintiff opposes the motion, and Defendant filed a reply. 2. Motion to Transfer Venue Pursuant to CCP S395(a), an action for personal injuries is properly ...

Excerpt: ...ed when Defendants employee allegedly drove an industrial caddy* inside Defendant's store and crashed into Plaintiff On October 11, 2022, Plaintiff filed the instant motion to compel further responses to special interrogatories, set one, against Defendant. Plaintiff seeks to compel further responses to special interrogatories Nos. 15 and 19, which seek information regarding prior accidents or negligence by Defendant's employees involving industri...

Excerpt: ... the Ikea store located at 600 S Ikea Way, in the City of Burbank, County of Los Angeles, California 91502" (Compl_ at p. 4.) The complaint alleges causes of action for negligence and premises liability. On November 9, 2021 , Plaintiff filed an Amendment to Complaint naming Federal Building Services, Inc. ("FBSÆ) as Doe 1 _ Defendant FBS now moves for summary judgment as to Plaintiffs complaint. the motion, and FBS filed a reply. Plaintiff oppos...

Excerpt: ... motor vehicle accident On February 17, 2023, Plaintiff filed the operative Second Amended Complaint ("SAC") alleging causes of action for (1) negligence, (2) intentional infliction of emotional distress ("IIED"), (3) assault, and (4) battery. The SAC alleges that after Defendant negligently caused the accident, "Defendant was angry about the occurrence and without exiting his vehicle or exchanging information to identify himself for a bodily inj...

Excerpt: ...odney ("Rodney") (collectively, "Defendants") for damages arising from a motor vehicle accident The Complaint, which was filed on Judicial Council form PLD-PI- 001, states that causes of action for motor vehicle and general negligence are attached. (Compl II 10.) However, only a cause of action for motor vehicle negligence is attached. Further, the Complaint alleges that Plaintiff was required to and did comply with applicable claims statutes. (C...

Excerpt: ...nso filed Case No. 19STCV09657 against defendants Access Services, Incorporated, et al. for damages arising from a motor vehicle accident Case Nos. 19STCV09657, 20STCV13206 and 20STCV13191 arise out of the same automobile accident and have been consolidated. (Mim Order Sept 1, 2021.) At this time, Defendant Krishaun Holbert ("Holbert") moves to compel Plaintiff Khaliah Farwell's ("Farwell") deposition. The motion is unopposed. Additionally, Holbe...

Excerpt: ...d Arturo Orozco Torres ("Torres") for damages arising from a motor vehicle accident Plaintiffs allege that Torres was acting in the course and scope of his employment with Vista at the time of the accident Vista propounded its request for admissions ("RFAs"), set one, on Plaintiff Adam Glick ("Plaintiff) on September 18, 2020. After Plaintiffs failed to respond to the RFAs, Vista moved for an order deeming the truth of the matters specified in th...

Excerpt: ... damages relating to Defendant's care and treatment of Plaintiff, including a spinal surgery. The complaint alleges a single cause of action for medical negligence against Defendant Defendant now moves for summary judgment as to the complaint The motion is unopposed. This matter was last heard on October 25, 2022, where it was continued to April 26, 2023, after Plaintiff appeared at the hearing and claimed he did not receive notice of the motion....

Excerpt: ...d Harold Otero (collectively, "Defendants") for damages arising from a motor vehicle accident At this time, Defendants move to compel Plaintiff to submit to (1) an orthopedic examination bv Kevin J Kulwicki, MO., (2) neuropsychological examination by Terence J Young, Psy_D, and (3) a physical examination by Robert W. Graebner, M.D. Each exam is to take place in Miwaukee, Wisconsin within 75 miles of Plaintiffs residence. The motion is unopposed. ...

Excerpt: ...or damages arising from a motor vehicle accident. The complaint alleges causes of action for motor vehicle, general negligence, and intentional tort The complaint includes a prayer for punitive damages. Plaintiff alleges that Defendant drank alcohol and was intoxicated when he drove his vehicle and collided with five separate cars, including Plaintiffs vehicle. At this time, Plaintiff moves for an order allowing discovery regarding the financial ...

Excerpt: ...les for injuries Plaintiff sustained when a pothole in the street caused her to fall off the motorized scooter she was riding. The complaint alleges causes of action for general negligence and for premises liability. The premises liability claim includes counts for negligence, willful failure to warm and dangerous condition of public property. The City now demurs to the complaint arguing the complaint fails to state a claim against it The City as...

Excerpt: ...intiff) filed this action against Defendant Kenneth Douglas Kochakji ("Defendant") for injuries arising from a motor vehicle vs. pedestrian accident. On October 13, 2022, Defendant filed a motion for leave to compel Plaintiffs neurological and mental/neuropsychological examinations. Plaintiff opposes the motion, and Defendant filed a reply This matter was last heard on April 12, 2023, where it was continued to April 24 2023, at Defendant's reques...

Excerpt: ...iner owned by Defendant. Plaintiff alleges that the subject container's ladder was broken, so Plaintiff climbed on the comer of the container. Plaintiff stabilized himself with one foot on the container and the other on the container's contents. As Plaintiff pushed the container's contents down, the contents shifted causing Plaintiff to fall backward off the container. Trial is currently set for June 5, 2023. Defendant now moves to continue the c...

Excerpt: ... Homeowner's Association, Inc. and the Condo Managers for injuries relating to Plaintiffs trip and fall at the propeny located at 12060 Hoffman-Street, Studio City, CA 91604, that occurred on March 15, 2021 The complaint alleges causes of action for negligence and premises liability. On February 4, 2022, 12060 Hoffman Homeowner's Association, Inc. filed a cross-complaint against the City of Los Angeles (the "City") for indemnification, apportionm...

Excerpt: ...ant Frederick William Roberts, Jr. (“Decedent”) for damages arising from a motor vehicle accident. Decedent passed away on or about May 10, 2022. On November 16, 2022, Plaintiff filed Amendments to Complaint naming Joan Roberts (“Joan”) and the Estate of Frederick William Roberts Jr., Deceased (the “Estate”), as Does 1 and 2, respectively. On February 17, 2023, Plaintiff filed the instant Motion to Continue Proceeding Against Defendan...

Excerpt: ... against Defendant Los Angeles County Metropolitan Transit Authority (“Defendant”) for damages arising from a motor vehicle accident involving Defendant's bus. On September 14, 2022, the parties participated in an Informal Discovery Conference (“IDC”) regarding multiple discovery issues, including Plaintiff's Request for Production of Documents (“RPDs”) served on Defendant. The issues were deemed partially resolved, with Defendant to ...

Excerpt: ...ing out of a motor vehicle accident that occurred on or about August 3, 2018. The complaint alleges a single cause of action for negligence against Defendant. At this time, Defendant moves for judgment on the pleadings as to Plaintiff's complaint. Defendant avers that prior to filing the complaint in this action, Plaintiff settled the claims at issue in this action with this assistance of different counsel. Defendant asserts Plaintiff signed and ...

Excerpt: ...emi (“Defendant”) for damages arising from a motor vehicle accident. On August 9, 2022, Defendant propounded a notice of demand for physical examination on Plaintiff, setting Plaintiff's exam for October 17, 2022. Plaintiff served a Response and Opposition to the demand, which Defendant asserts Plaintiff improperly used to attempt to impose additional conditions on the exam. Plaintiff did not appear for the exam and did not respond to Defenda...

Excerpt: ...nc. (“Defendant”) for injuries Plaintiff sustained after allegedly slipping and falling down on wet steps in Defendant's movie theater. On January 23, 2023, Defendant's motions to compel responses to form interrogatories, set one, and special interrogatories, set one, against Plaintiff were granted. [1] Plaintiff was ordered to serve verified responses to the discovery, without objections, within 30 days and monetary sanctions were imposed ag...

Excerpt: ...ts Andrew London (“London”), Brian Geurts (“Brian”), and Carrie Geurts (“Carrie”) for damages arising from a motor vehicle accident. The complaint alleges claims for motor vehicle and general negligence. On January 18, 2023, Plaintiffs each served Defendant with special interrogatories, set one, which each included 71 special interrogatories for a total of 142 special interrogatories served on Brian. At this time, Brian moves for a pr...

Excerpt: ...tems from an injury sustained when Danielle Hemple (“Plaintiff”) slipped, fell, and was injured while exiting a Bristol Farms (“Defendant”) grocery store. On February 3, 2019, Plaintiff alleges that while exiting Defendant's store, she was caused to fall by the wet floor when leaving. (First Amended Complaint, hereinafter, “FAC”, ¶ 8.) Plaintiff filed her initial Complaint on November 11, 2021. The FAC was filed on February 7, 2023. ...

Excerpt: ...oa (“Defendant”) for damages relating to a motor vehicle accident. On February 17, 2023, Plaintiff filed the operative SecondAmended Complaint (“SAC”) alleging causes of action for (1) negligence, (2) intentional infliction of emotional distress (“IIED”), (3) assault, and (4) battery. The SAC alleges that after Defendant negligently caused the accident, “Defendant was angry about the occurrence and without exiting his vehicle or exc...

Excerpt: ...vely, “Plaintiffs”) filed this action against Defendants Dhoor Gurpreet Singh and Tripe Eight Transport, Inc. (collectively, “Defendants”) for damages arising from a motor vehicle accident. At this time, Defendants move for an order compelling Plaintiff to appear for a mental examination. The motion is unopposed. Defendants seek leave to obtain a neuropsychological examination of Elizarraras to be performed by Ari Kalechstein, M.D. at 118...

Excerpt: ...ter, Inc. (“Soma”) for medical malpractice relating to injuries arising from a colonoscopy that led to a perforation of Plaintiff's bowel. On June 23, 2021 Christina Menor (“Menor”) was substituted in for Doe 1. Menor (hereinafter “Defendant”) now moves for summary judgment as to the Complaint. 2. Motion for Summary Judgment a. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts ...

Excerpt: ...nt Michelle Proyect (“Defendant”). The complaint filed on Judicial Council form PLD-PI-001 states that causes of action for general negligence and premises liability are attached. However, there are no attachments with any causes of action attached to the complaint. Additionally, the complaint includes a prayer for punitive damages. Defendant now demurs to the complaint arguing the complaint fails to state any claim against Defendant and is u...

Excerpt: ...�) for damages arising from a motor vehicle accident. The complaint alleges causes of action for motor vehicle and general negligence and includes a prayer for punitive damages. Defendant now moves to strike the claim for punitive damages and exemplary damages attachment from the complaint. Plaintiff opposes the motion. 2. Motion to Strike Civil Code § 3294(a) states, “[i]n an action for the breach of an obligation not arising from contract, w...

Excerpt: ...nst Defendant Kenneth Douglas Kochakji (“Defendant”) for injuries arising from a motor vehicle accident. Defendant now moves for leave to compel Plaintiff's neurological and mental/neuropsychological examinations. 2. Motion to Compel Mental Examination and Additional Physical Examination a. Legal Standard A court order is required¿to obtain a party's mental examination or additional physical examination. (Code Civ. Proc. § 2032.310(a).) Suc...

Excerpt: ...orporation, World Oil Marketing Company, Mathew Pakkala, #1 Auto Service, and Hui Li (collectively “Defendants”) for premises liability and negligence/negligence per se. The action arises out of Grace Ho's fall into an automotive repair pit located at Defendant #1 Auto Service on May 15, 2020. Grace Ho suffered injuries and eventually died on December 20, 2020. Trial is set for December 20, 2023. On March 15, 2023, Defendant Li filed a motion...

Excerpt: ...g Co., Inc. (“Defendant”) for damages arising from Plaintiff's employment with Defendant. Plaintiff moves for terminating sanctions against Defendant striking Defendant's answer to the complaint and entering default because of Defendant's misuse of the discovery process by failing to serve responses to initial discovery and failing to comply with the Court's December 15, 2023 order compelling Defendant's responses to Plaintiff's first set of ...

Excerpt: ...ommercial Center, Ltd., Watt Properties, Inc., and City of Mission Viejo (collectively “Defendants”). The complaint alleges fives causes of action: (1) negligence; (2) premise liability; (3) product liability; (4) negligence against a public entity; and (5) dangerous condition on public property. While walking on the sidewalk, Plaintiff allegedly stepped on a water meter box lid and her foot went through the lid and into the box, resulting in...

Excerpt: ...i-vehicle accident On December 16, 2019, this matter was consolidated with Case No. 19STCV04154, which was filed by Norma Isabel Larroza ("Larroza") against Jorqe M. Blanco-Palma, Aiit Mohan, and Prem Mohan for damages arising from the same accident. At this time, defendant Jorge M. Blanco-Palma ("Palma") moves to dismiss Mendoza's action pursuant to CCP SS 583210, 583.250. Mendoza opposes the motion, and Palma filed a reply On November 29, 2022,...

Excerpt: .... Plaintiff alleges that on February 3, 2019, Defendant allowed rainwater to accumulate in the front register area of its store, and that Plaintiff slipped on the wet floor as she was exiting the register area and walking towards the exit doors. Trial is currently set for January 24, 2024. Defendant now moves to continue the current trial date for approximately 60 days to late March 2024 to allow its motion for summary adjudication to be heard pr...

Excerpt: ...accident that occurred on or about June 4, 2021. On August 3, 2022 Plaintiff filed an Amendment to Complaint naming Jasmine Wong Yumori as Doe 1. At this time, Lyft moves to compel arbitration and stay the action. This matter was originally set for hearing for March 10, 2023, but was continued to April 10, 2023 pursuant to Plaintiffs ex parte application to continue the hearing date (Mim Order, March 9, 2023.) Any opposition and reply briefs were...

Excerpt: ... erroneously sued and served as Archdiocese of Los Angeles, ("Defendant") for damages relating to Plaintiffs trip and fall on Defendants property. Plaintiff alleges that Defendant negligently maintained. Controlled, operated or managed its property as to allow the property to be in a dangerous conditiom The complaint alleges causes of action for premises liability and general negligence. Defendant now moves for summary judgment, or altematively, ...

Excerpt: ...relating to an incident where Aghajani's vehicle collided with Plaintiffs scooter. Plaintiff alleges that Aghajani was operating his vehicle as Uber's agent or employee at the time of the incident The complaint alleges a single cause of action for negligence against all defendants. On November 4, 2022, Plaintiff filed an Amendment to Complaint naming Superpedestrian, Inc. ("Superpedestrian") as Doe 1. Superpedestrian now demurs to the complaint a...

Excerpt: ...nd Ryan Colletta, D_D.S_ relating to dental care provided to Dusty. Dusty asserts a cause of action for professional negligence against defendants, and Michael asserts a cause of action loss of consortium. In panicular, Plaintiffs allege that on September 26, 2018, and October 26, 2018, Dusty underwent surgery #rformed by defendants and thereafter continued to treat with defendants. Plaintiffs allege that defendants negligently examined, diagnose...

Excerpt: ...and Cal Canage Warehousing and Transloading, LLC (collectively, "Defendants") for injuries Plaintiff sustained as a result of an alleged dangerous condition on Defendants' premises. Plaintiff alleges that Defendants failed to employ a dock ramp in a loadinq dock area as to connect the back of a truck to the loading dock. Plaintiff alleges that as a result, Plaintiffs leg went through the gap in between truck and loading dock. At this time, Defend...

Excerpt: ...nts") motion for summary judgmentis continued to May 19, 2023 at 1:30 p.m. In opposition to Defendants' motion for summary iudqment, Plaintiffs Jackson Scott Young, Teri Young, Kelly Gene Koskella, and Tammy Koskella (collectively, "Plaintiffs") filed a Notice of Lodging Documents Conditionally Under Seal providing that Exhibits 1-3 and 6 were being lodged under seal. Similarly, Defendants filed a Notice of Lodging Deposition Transcript Condition...