Excerpt: ...th and negligent infliction of emotional distress _ On August 25: 2022: the City filed an answer. On October 17, 2022, Jones filed an answer. On February 15: 2023: Burlington filed an answer. On March 9, 2023 the City and Jones (Moving Defendants) filed a Motion for Stay of Proceedings to be heard on April 18, 2023 _ On April 4, 2023, Plaintiffs filed an opposition. The Court continued the hearing on the motion to May 31, 2023 _ Trial is currentl...

Excerpt: ...efendant filed an opposition. Trial is currently scheduled for October 16, 2023. PARTIES' REQUESTS Plaintiff requests that the Court compel Defendant to serve full and complete verified responses to Form Interrogatories, Set One, Special Interrogatories: Set One: Request for Production of Documents: Set One, and Deem Request for Admissions Admitted: Set One. Plaintiff also requests $2,911.65 in sanctions for each motion. Defendant requests that t...

Excerpt: ...to Compel INIE to be heard on May 30, 2023 Trial is currently scheduled for August 1 , 2023 DEFENDANT'S REQUEST Defendant requests that the Coun order Gutierrez to attend an INIE with orthopedic surgeon Daniel Kaplan: M_D_ on June 9, 2023, at 11 00 a.m., at 12400 Bloomfield 2nd Floor, Santa Fe Springs: CA 90670 LEGAL STANDARD A defendant may demand one physical examination of the plaintiff in applicable personal injury cases: as long as the exami...

Excerpt: ...rrently scheduled for February 14, 2024. PARTY'S REQUESTS Plaintiff requests the Court strike Defendant' s answer and either enter default or order Defendant to file an amended answer. Plaintiff also requests the Court impose sanctions of $910.00. LEGAL STANDARD "Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof, but this time limitation shall not apply to mot...

Excerpt: ...d the hearing on the motion to May 24, 2023. Trial is scheduled for July 14, 2023. PARTY'S REQUESTS Defendant requests the Court grant summary judgment. LEGAL STANDARD The hlnction of a motion for summary- judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. v. Atlantic Richfield co. (2001...

Excerpt: ...023, DK filed a Motion for Leave to File a Cross-Complaint to be heard on April 18, 2023. Trial is currently scheduled for June 26, 2024. PARTY'S REQUESTS DK requests leave to file a Cross-Complaint against Cross-Defendant Professional Security Consultants ("PSC") for equitable indemnity, contribution, declaratory relief, breach of contract and express indemnity. LEGAL STANDARD CCP 426.50 provides "A party who fails to plead a cause of action sub...

Excerpt: ...l 12, 2023, the City filed an answer. On April 12, 2023, Park filed a Demurrer to be heard on May 24, 2023. On May 11, 2023, Plaintiff filed an opposition. On May 17, 2023, Park filed a reply. Trial is scheduled for March 4, 2024. PARTY'S REQUESTS Park requests the Court sustain the demurrer. Plaintiff requests the Court overrule the demurrer. LEGAL STANDARD CCP 430.10 states: "The party against whom a complaint or cross-complaint has been filed ...

Excerpt: ...nt Transporation Services, Inc. ("JB") for motor vehicle and general negligence. Plaintiff later amended the complaint to include Defendant Silvia Garcia ("Silvia"). On February 18, 2021 , the Court dismissed Christine, without prejudice, pursuant to Plaintiffs' request. On February 18, 2021, JB filed its answer. Salazar filed his answer on March 8, 2021. On April 12, 2021, the Court noticed this case as related with 20STCV48657, making 20STCV486...

Excerpt: ... and battery, vicarious liability for false imprisonment, intentional misrepresentation, negligent misrepresentation, negligent infliction of emotional distress and breach of contract. On April 24, 2023, Defendant filed a Demurrer with Motion to Strike to be heard on May 18, 2023. Trial is scheduled for January 3, 2024. PARTY'S REQUESTS Defendant requests the Court sustain the demurrer as to the first, second, fourth, seventh, eighth, ninth and t...

Excerpt: ...te") and Heidi Lucille Russell ("Russell"). On December 16, 2022, Plaintiffs filed the FAC. On February 3, 2023, the Estate filed an answer. On March 17, 2023, Plaintiffs filed the SAC. On April 7, 2023, Russell filed a Demurrer to be heard on May 9, 2023. Trial is scheduled for June 16, 2023. PARTY'S REQUESTS Russell requests the Court sustain the demurrer on the basis that Plaintiffs did not comply with the probate code requirements. LEGAL STAN...

Excerpt: ...st Cross-Defendant Ignacio Rosario Pompa ("Pompa") for indemnity, apponionment of fault, contribution and negligent entrustment. On April 13, 2023, Pompa filed a Demurrer to be heard on May 9, 2023. On April 26, 2023, Defendants filed an opposition. On May 2, 2023, Pompa filed a reply. Trial is scheduled for September 21, 2023. PARTY'S REQUESTS Pompa request the Court sustain the demurrer for failure to state facts sufficient to allege any cause ...

Excerpt: ...3. Trial is scheduled for January 8, 2024. PARTYS REQUESTS Defendant Huang demurs to the first through seventh causes of action of the First Amended Complaint for lack of jurisdiction: failure to state a cause of action: and uncertainty under CCP S 430.106), and LEGAL STANDARD Meet and Confer Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading sought to demurred to, in person or telep...

Excerpt: ...8, 2020, Defendants filed an answer. On March 20, 2023, Defendants filed a Motion to Compel Plaintiffs IME to be heard on April 14, 2023. On March 30, 2023, Plaintiff filed an opposition. On April 6, 2023, Defendants filed a reply. The Court continued the hearing to May 9, 2023. On April 28, 2023, Defendants filed supplement papers. Trial is currently scheduled for May 2, 2023. PARTY'S REQUESTS Defendants request the Court order Plaintiff to atte...

Excerpt: ...de Defendant Michael's Pizza (“Pizza”). On May 5, 2022, Cruz and Morales filed an answer. On July 28, 2022, Pizza filed an answer. On February 27, 2023, Plaintiff filed a Motion for Leave to Amend the Complaint to be heard on March 29, 2023. The Court continued the hearing on the motion to April 20, 2023. On April 6, 2023, Pizza filed an opposition. On April 10, 2023, Plaintiff filed a reply. Trial is currently scheduled for August 17, 2023. ...

Excerpt: ...ty College (“SCC”), Community College of Spokane Association for Higher Education (“CCS”), Enterprise Rent-a-Car Company of Los Angeles, LLC (“RAC”) and Washington State University, Community Colleges of Spokane (“WSU CCS”). On March 21, 2022, Steele filed an answer. On April 25, 2022, Plaintiff dismissed WSU, without prejudice, pursuant to Plaintiff's request. On March 22, 2023, Steele filed a Motion to Continue Trial set to be h...

Excerpt: ... Answer. On March 16, 2023, Defendant filed this motion for leave to file a First Amended Answer pursuant to section 473 to add a fifth affirmative defense. No opposition has been filed. Trial is set for November 29, 2023. PARTY'S REQUESTS Defendant requests leave to file a First Amended Answer to include a fifth affirmative defense for Civil Code section 3333.4(a)(2) and (3), which limits the damages by uninsured vehicle owners and operators. LE...

Excerpt: ... and Terry Bainbridge ("Bainbridge") for premises liability, general negligence and loss of consortium. On February 3 2022, Defendants filed an answer. On February 17, 2023, RLH filed a Motion for Relief from Order Deeming Requests for Admissions Admitted to be heard on April 10, 2023. On March 27, 2023, Plaintiffs filed an opposition. On April 3, 2023, RLH filed an answer. Trial is currently scheduled for October 5: 2023. PARTY'S REQUESTS RLH re...

Excerpt: ...S REQUESTS Defendant requests the Court sustain the demurrer as the complaint fails to comply with the requirements of the California Tort Claims Act is barred by the statute of limitations, fails to state facts sufficient to constitute a cause of action, and on the basis that Defendant is immune from liability. LEGAL STANDARD CCP 430.10 states: "The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answe...

Excerpt: ...swer. On February 17 2023 CMCC filed a Motion to Compel Arbitration to be heard on April 6: 2023 Trial is currently set for April 25: 2023. PARTY'S REQUESTS CMCC requests the Court compel arbitration and stay or dismiss the proceedings pending the outcome of arbitration. LEGAL STANDARD A petition to compel arbitration must allege both (1) a "written agreement to arbitrate" the controversy, and (2) that a party to that agreement "rehuses to arbitr...

Excerpt: ... negligence — medical malpractice, breach of fiduciary duty, and intentional misrepresentation. Pursuant to a sustained demurrer: Plaintiff filed the First Amended Complaint on January 20: 2022: and then the Second Amended Complaint on April 11: 2022 On September 1, 2022, Plaintiff filed the Third Amended Complaint. Plaintiff later amended the complaint to include Defendants Jeannette Hershey Weber ("Weber"): Melanie Kerr ("Kerr"), Andrew Gelis...

Excerpt: ...ity _ On June 2021, Plaintiff filed the FAC. On July 6, 2021: HD filed an answer. On July 29, 2021, Amar and Acosta filed an an swer_ On February 10, 2023, Plaintiff filed a Motion for Leave to File the Second Amended Complaint to be heard on April 5, 2023 _ On March 22, 2023, HD filed an opposition. On March 28, 2023, Plaintiff filed a reply Trial is currently scheduled for May 5, 2023 PARTY'S REQUESTS Plaintiff requests to file and serve the pr...

Excerpt: ...gon Properties Holdings, Inc. ("LDPH'), and Craig Shipyard property Company: LLC ("CSPC") for premises liability, negligence and loss of consonium_ On November 25 2020, GST filed an answer and a Cross-Complaint against Cross- Defendant FSI for equitable indemnity: partial indemnity: contribution and declaratory relief. On January 6: 2021: FSI filed an answer. On December 4, 2020, LB and LDPH filed a Cross-Complaint against Cross-Defendant FSI for...

Excerpt: ... filed a Motion for Stay to be heard on February 14: 2023. On January 31, 2023, Plaintiff filed an oprkisition_ On February 6, 2023, Defendant filed a reply Trial is currently set for February 29: 2024. PARTY'S REQUESTS Defendant requests the Coun stay the motion pending the outcome of the criminal case. Plaintiff requests the Court deny the motion. LEGAL STANDARD CCP 128 provides that every court has the power to amend and control its processes ...