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

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

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

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

Excerpt: ...fendants Los Angeles Unified School District and County of Los Angeles when a gate fell on Plaintiff. Trial is currently set for March 1, 2024. On April 21, 2022 and January 20, 2023, Plaintiff dismissed the County of Los Angeles and Los Angeles Unified School District. As relevant to the instant motion, on December 22, 2022, Plaintiff filed amendments to complaint naming A-1 Fencing as Doe 1 and Turner Construction as Doe 2. At this time, Plaint...

Excerpt: ...ander Rueda Hernandez for damages arising from an automobile incident. Plaintiff moves the Court for an order compelling Defendant Cevi Med to provide further responses to form interrogatories, set one, and request for production of documents, set one. II. Informal Discovery Conference (“IDC”) Per the Eight Amended Standing Order for Procedures in the Personal Injury Hub Courts effective October 10, 2022 (Filed September 20, 2022), ¶ 9E, “...

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

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

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

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

Excerpt: ...tories, special interrogatories, and request for production of documents (“RPDs”) on Plaintiffs Kyoung Jong Choi and Tae Hee Choi (“Plaintiffs”), separately, on March 16, 2023. On April 18, 2023, defense counsel granted a 30-day extension to Plaintiffs to provide responses. On May 19, 2023, defense counsel granted another 30-day extension. After receiving no responses to the propounded discovery, defense counsel emailed Plaintiffs' counse...

Excerpt: ...endant Torrance Hotel Venture, LLC (“Defendant”) for damages arising from a room safe door left open, wherein on October 11, 2019, Decedent bent down to place his luggage in the closet when he stood up and the safe door hit the top of his head. After the filing of the Complaint, Decedent passed away on January 26, 2023. Defendant moves for judgment on the pleadings on the grounds that there has been no personal representative or successor-in-...

Excerpt: ... and Hollywood Glass Co., Inc. (collectively, “Defendants”) for damages arising from a motor vehicle accident. Defendants now move for terminating sanctions against Plaintiff to dismiss Plaintiff's complaint, or in the alternative, evidentiary sanctions for Plaintiff's failure to appear for his deposition in compliance with the Court's June 6, 2023 Order. Plaintiff opposes the motion, and Defendants filed a reply. II. Motion for Terminating S...

Excerpt: ...rd Rides, 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. II. Request for Judicial N...

Excerpt: ...ition of Defendant Los Angeles County Metropolitan Transportation Authority's (“Defendant”) employee Michael Marquise Williams (“Williams”), who was the bus operator at the time of the incident. Defendant opposes the motion, and Plaintiff filed a reply. II. Compel Deposition 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 ...

Excerpt: ...propounded set one of form interrogatories, special interrogatories, and request for production of documents (“RPDs”) on Plaintiff Nicolet Barbarasa (“Plaintiff”) on April 25, 2023. (Decl. Gevorgyan ¶ 2; Exh. A.) After granting Plaintiff's requests for an extension, Plaintiff has not served any responses. (Id. at ¶¶ 3-5.) Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discover...

Excerpt: ...o provide responses to supplemental form interrogatories, set one, and supplemental requests for production (“RPD”) set one. Preliminarily, since the filing of the instant motion, the Court granted Plaintiff's motion to substitute Decedent's personal representative, Judith Lorraine Swank (“Defendant”), in place of Decedent. (Min. Order, Aug. 29, 2023.) Therefore, the Court will not consider arguments related to standing. On April 14, 2023...

Excerpt: ...ounty Metropolitan Transportation Authority (“Defendant”) filed this motion to compel the deposition of Plaintiff Brenda Jackson (“Plaintiff Jackson”), and Plaintiff Jackson filed motion for a protective order regarding her deposition. Plaintiff's counsel contends that Plaintiff Jackson is an incompetent individual with dementia due to Alzheimer's disease, and that legal matters are being handled by and through her guardian at litem. Plai...

Excerpt: ...Sheet Metal (“Defendants”) for damages arising from a motor vehicle accident. On July 31, 2023, Defendants filed the instant motion to augment their expert designation to replace expert Griff Stelzner (“Stelzner”) with Jacqueline Nash Bloink (“Bloink”) as Defendants' medical billing and coding expert, because Stelzner retired in May 2023. Trial is currently set for October 12, 2023. Defendants served a demand for designation of expert...

Excerpt: ...unty of Los Angeles, and State of California for an alleged dangerous condition of public property, wherein Plaintiff fell when she rode her bicycle over a non-cross-hatched vertical grate. Plaintiff alleges the non-cross-hatched vertical grate in the bike lane of westbound Florence Ave. near the intersection of Emil Avenue constituted a dangerous condition. (Compl. ¶ 10.) Plaintiff filed amendments to complaint, naming the City of Los Angeles a...

Excerpt: ...ion 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. Plaintiff's First Amended Complaint (“FAC”), utilizing a Judicial Council Form, sets forth three causes of action for negligence, premises liability, and “intentional tort.” Plaintiff filed two amendments to complaint, naming the same Defendan...

Excerpt: ...s Showbiz Restrooms, LLC (“Showbiz”) and Does 1 to 50 for damages arising from a fall on defendants' property. Showbiz filed a cross-complaint against June Again, Inc. d/b/a Looking Glass Films (“June Again, Inc.”) and Plaintiff filed an amendment to complaint naming June Again, Inc. as Doe 1. Trial is currently set for October 23, 2023. Showbiz now moves the Court to continue the trial date and all related dates to February 26, 2024, or ...

Excerpt: ...”) alleging that Defendant physically assaulted and beat Plaintiff in a public parking lot. Plaintiff alleges she was walking with a group of people near Defendant's husband when Defendant ran toward Plaintiff, screaming insults at Plaintiff, and punched Plaintiff in the face multiple times. The operative Second Amended Complaint (“SAC”) alleges causes of action for assault, battery, and intentional infliction of emotion distress (“IIED�...

Excerpt: ...Defendant”) alleging causes of action for negligence and premises liability. The complaint alleges that Plaintiff tripped and fell on a curled-up carpet as Plaintiff was exiting the restaurant. (Compl. p. 4.) Defendant now moves for summary judgment. Plaintiff opposes the motion, and Defendant filed a reply. 1. Moving Argument Defendant argues it is entitled to summary judgment because the condition and placement of the mat did not constitute a...

Excerpt: ...eslie Reyes, and Saul Andres Reyes, by and through his guardian ad litem, Bertha Ramirez, (“Plaintiffs”), individually and as successors in interest to Lucas Obdulio Perez Vicente (“Decedent”), filed this action against Defendants 1037 North Sycamore (Los Angeles) Owner, L.P., CIM Group, L.P. and CIM Holdings, LLC (“Defendants”) for wrongful death arising from work Decedent performed on Defendants' property, in which unsecured lumbar ...

Excerpt: ...ges arising from an alleged assault and battery at Dodger stadium.¿ On June 20, 2023, the Court denied Plaintiff's motion for relief from late expert designation. On June 29, 2023, Plaintiff filed the instant motion for reconsideration of the June 20, 2023 order. Defendant Los Angeles Dodgers, LLC (“Defendant”) opposes the motion, and Plaintiff filed a reply. II. Legal Standard – Supplemental Expert Designation CCP § 2034.280 permits a su...

Excerpt: ...rcell (“Defendant”) for injuries arising from a motor vehicle collision. On August 1, 2022, Plaintiff filed a dismissal of the entire action without prejudice. On August 4, 2022, the clerk entered the dismissal. On August 19, 2022, Defendant filed and served a Memorandum of Costs requesting costs totaling $2,534.20. On March 7, 2023, Defendant served and filed a written notice of entry of dismissal. On April 12, 2023, Defendant re-filed and r...

Excerpt: ... III (“Plaintiff”) filed this action against Defendants GCMHP, Inc. dba Thomsen Properties and Vista Del Loma, LLC (“Defendants”) for injuries Plaintiff sustained from a fall on Defendants' property. Trial is currently set for December 8, 2023. Defendants now move the Court to continue the current date to allow Defendants' motion for summary judgment (“MSJ”) and for to be heard prior to trial, or alternatively for an order shortening ...

Excerpt: ...d form interrogatories, set two, on Plaintiff Samuel Yun (“Plaintiff”) on December 15, 2022. On January 14, 2023, Plaintiff's counsel served unverified responses. To date, Defendant has 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 September 5, 2023; Plaintiff filed on September 12, ...

Excerpt: ...”) filed this action against Defendant Amelia Elizabeth Frembling (“Defendant”) for damages arising from an automobile collision, wherein Joaquin Treto (“Decedent”) passed away as a result of the collision. Decedent's surviving heirs and the Estate of Decedent bring a wrongful death claim against Defendant. Defendant, at this time, moves for judgment on the pleadings. Plaintiffs oppose the motion. Defendant did not file a reply. II. Req...

Excerpt: ...on against defendant Ron Raushcenberger for injuries Plaintiff sustained arising from a motor vehicle incident. On September 28, 2020, Plaintiff filed an amendment to complaint naming Rainey Grenier (“Grenier”) as Doe 1. On January 7, 2022, Plaintiffs served Grenier the summons, complaint, and amendment to complaint by substituted service at 4218 Troost Ave Unit 16, Studio City, CA 91604. On May 11, 2022, Grenier moved to quash service of the...

Excerpt: ...st for production of documents (“RPDs”), set one, on Plaintiff Samuel Yun (“Plaintiff”) on October 25, 2022. On November 25, 2022, Plaintiff's counsel served unverified responses. On December 1, 2022, defense counsel requested verified responses without objections. After sending meet and confer emails, Defendant has not received verified responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to ...

Excerpt: ...ack Swank (“Decedent”), in his individual capacity, for damages arising from an automobile accident. On October 20, 2022, Plaintiff filed a Creditor's Claim, and after rejection, Plaintiff brought a motion to substitute Judith Lorraine Swank (“Swank” or “Defendant”) as the personal representative of Decedent. On August 29, 2023, the Court granted Plaintiff's motion to substitute. Accordingly, it was ordered that Swank be substituted a...

Excerpt: ...Delano Investors, LLC (“Delano”) and Pacific Real Estate and Management, Inc. (“Pacific Real Estate”) (collectively, “Defendants”) for damages relating to Plaintiff's slip and fall allegedly caused by an “improperly repaired ceiling” that filled the floor of the subject property with water.¿ On March 10, 2023, the Court granted Defendant Delano's motions to compel responses to form interrogatories, set one, and special interrogat...

Excerpt: ...hern California Exterminators and Steven C. Hennen (“Defendants”) for damages arising from a motor vehicle incident. At this time, Defendants move for an order compelling Plaintiff to appear for a subsequent physical examination. Any opposition was due on or before August 31, 2023. No opposition was filed. Defendants seek leave to obtain a neurological examination of Plaintiff to be performed by board-certified neurologist Barry Ludwig, M.D. ...

Excerpt: ... (collectively, “Plaintiffs”), filed this action against Defendants, TSV Sound & Vision, LLC (“TSV”), That's Your Ballgame, LLC ("TYB"), EMRG Media LLC, Michael Ernest Greig (“Greig”), Matthew Todd Cooper ("Cooper"), Erica B. Maurer, City of Los Angeles, and Does 1 through 50 for injuries related to a 1200-pound LED screen which fell on Plaintiff Lisa while she was standing on an elevated stage. Plaintiff Michael brings a claim for lo...

Excerpt: ...Vision, LLC (“TSV”), That's Your Ballgame, LLC ("TYB"), EMRG Media LLC, Michael Ernest Greig (“Greig”), Matthew Todd Cooper ("Cooper"), Erica B. Maurer, City of Los Angeles, and Does 1 through 50 for injuries related to a 1200-pound LED screen which fell on Plaintiff while she was sitting on an elevated stage. At this time, Defendants TYB and Cooper seek leave to file a cross-complaint against TSV and Greig for equitable indemnity, apport...

Excerpt: ...chez, Jacob A. Sanchez, and Kimberly P. Sanchez (“Plaintiffs”) filed this action against Defendants Charles Patrick Leonard (“Leonard”), Foothill Transit Services Inc., and Transdev Services Inc. (“Transdev”) for damages arising from a motor vehicle incident. Plaintiffs move the Court for an order compelling the depositions of (1) Defendant Leonard and (2) Transdev's person most knowledgeable (“PMK”). Any oppositions to the motion...

Excerpt: ... LLC (“Sussex”) and The Willows, (collectively, “Defendants”) for damages arising out of a trip and fall on a parking block. The complaint alleges causes of action for premises liability and general negligence. Plaintiff alleges the parking block was of a similar color to the raised walkway, and a dangerous condition existed because the parking block is not readily discernible or distinguishable from the surface of the parking area. (Comp...

Excerpt: ...uan Carlos Cupen Miranda (“Defendant”) for damages arising out of a motor vehicle accident. Default was entered on January 27, 2021, and default judgment entered on June 17, 2022. On April 25, 2023, Defendant filed the instant motion to set aside the default and default judgment. Plaintiff opposes the motion, and Defendant filed a reply. 1. Moving Argument Defendant asserts that the summons and complaint was not properly served. Defendant dec...

Excerpt: ...) filed this action against Back To Our Roots, Inc. d/b/a Beelman's (“Defendant”) for damages relating to a slip and fall incident on Defendant's property.¿ Defendant now moves for an order requiring Plaintiff to post an undertaking in the sum of $ $5,830 pursuant to CCP § 1030. Any opposition was due on or before August 30, 2023; no opposition was filed. II. Motion to Require Plaintiff to File an Undertaking In an action or special proceed...

Excerpt: ...on (“Defendant”) for injuries arising from an automobile incident. Plaintiff alleges that, on February 13, 2023, while under the influence, Defendant operated a motor vehicle and collided with Plaintiff's automobile. The Complaint alleges causes of action for motor vehicle and general negligence. The Complaint includes a prayer for punitive damages. Defendant moves to strike:  Complaint, Page Three, Section 14a(2) – Plaintiff prays, – ...

Excerpt: ...one, separately on Defendants Jun Gyu Choi and Allison H. Choi (“Defendants”) on October 12, 2022. (Mot. Decl. Dollison ¶ 4.; Exh. A.) responses were due on or before November 14, 2022. (Id. at ¶ 5.) After granting defense counsel's requests for extensions, no responses were received by the deadline of December 12, 2022. (Id. at ¶¶ 6-8.) To date, Defendants have not served responses. (Id. at ¶ 9.) Plaintiff therefore seeks an order compe...

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

Excerpt: ...defendants Tanya Degnan, Taylor Degnan, and Robert Degnan (“the Degnans”) for damages arising from a three- vehicle accident. On September 26, 2022, the Degnans filed a cross-complaint against Daniel Milan Tannous (“Tannous”) asserting claims for indemnification, equitable contribution, and declaratory relief. The Degnans allege that Tannous owned and operated a motor vehicle involved in the underlying incident. II. Application for Good F...

Excerpt: ...rrogatories, and request for production of documents (“RPDs”) on Plaintiff Victor Naing (“Plaintiff”) on August 8, 2022. After granting numerous extension requests, Plaintiff has not served responses. Ralphs 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 August 28, 2023. Plaintiff filed an untimely opposition on August 29,...

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

Excerpt: ...intiffs”) filed this action against Defendants A&A Westcoast Distribution, Inc. and Hapet Yegiazarian for damages arising from a motor vehicle incident. On June 13, 2023, Case No. 22STCV07229 (lead case) and Case No. 22STCV15350 were deemed related and are pending in this department. (Min. Order, June 14, 2023.) As relevant to this motion, the trial date for Case No. 22STCV15350 is currently set for November 6, 2023. Defendant A&A Westcoast Dis...

Excerpt: ...LLC (“Mentone”), Monem Corporation (“Monem”) (collectively, “Mentone Defendants”), and Seismic Retrofit Solutions Inc. (“SRS”) for damages arising from a trip and fall involving an unlevel ground floor created by construction plywood. At this time, the Mentone Defendants, move to compel arbitration against SRS, and to stay the action. SRS has not appeared in the action to date. This matter was initially heard on August 25, 2023 an...

Excerpt: ...(“Defendants”) for damages arising from a three-car motor vehicle accident.¿ Defendants now move for terminating sanctions against Plaintiff to dismiss Plaintiff's claims because of Plaintiff's misuse of the discovery process by failing to serve responses to written discovery and failing to comply with the court's April 21, 2023 order pertaining to Defendants' motions to compel responses to the subject discovery. Any opposition was due on or...