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: ...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...