Excerpt: ...f consortium based on medical malpractice, and loss of consortium based on negligence. On July 6, 2020, the Court sustained Defendant's demurrer to Plaintiffs' claims for negligence and loss of consortium based on negligence with leave to amend. On July 14, 2020, Plaintiffs file a Second Amended Complaint asserting claims for general negligence, loss of consortium, “negligence – medical malpractice,” “loss of consortium – medical malpra...

Excerpt: ...gence, and loss of consortium. Plaintiffs later amended the complaints to include Defendants Derry Fayrel Green, Jr. (“Green”), Herminio Rodriguez (“Rodriguez”) and Michael Duarte. On November 15, 2022, MV filed an answer. On December 19, 2022, MV filed a Cross- Complaint against Cross-Defendant HERC for equitable indemnification, comparative indemnity, declaratory relief, equitable apportionment of fault and contribution. MV later amende...

Excerpt: ...Defendants Central Plaza, LLC (“Central Plaza”), Jamison Services, Inc. (“Jameson”), Jamison Reality Advisors, Inc., Glide Fitness Products, Inc., Baycap LLC, Technogym S.p.A., and Philmont Management Inc. On February 7, 2020, Central Fitness, LP and Central Fitness Partners, Inc. filed an answer. On May 14, 2020, the Court dismissed Jamison Properties, Inc. and Jamison Properties LP without prejudice at Plaintiff's request. On November 1...

Excerpt: ...nst Defendant Anthony M. Moss d.b.a. Success Construction Development Corp. LLC ("Defendant") alleging breach of contract, common counts and fraud. On July 13, 2018, the clerk entered default against Defendant. On September 30, 2021, the Court entered default judgment against Defendant in the amount of $117,167.26. On October 4, 2022, the Court entered an amended judgment. On May 1, 2023, Defendant filed a motion to vacate the judgment to be hear...

Excerpt: ...ion of Hollywood Boulevard and North Western Avenue, Los Angeles, CA 90028. On August 2, 2021, Plaintiff amended the complaint to add Defendant Lyft, Inc. as Doe 1 (“Lyft”). On June 30, 2022, Lyft filed an answer. On May 16, 2023, Plaintiff amended the complaint to add Defendant Hertz Vehicles LLC as Doe 2 (“Hertz”). Plaintiff served the amendment and complaint on Hertz on June 1, 2023. On June 29, 2023, Hertz filed a motion to dismiss to...

Excerpt: ...n opposition. On July 13, 2023, the Court continued the hearing on the motion to August 8, 2023. Trial is currently scheduled for November 8, 2023. PARTY'S REQUEST Defendant requests that the Court compel Plaintiff to appear for a deposition within 10 days of the hearing on the motion. Defendant also requests that the Court impose sanctions totaling between $2,250.00 and $3,600.00 on Plaintiff. LEGAL STANDARD Code of Civil Procedure section 2025....

Excerpt: ...negligence and negligent entrustment. Plaintiff later amended the complaint to include Defendant Anthony Ceballos (“Ceballos”). On April 18, 2022, Rush filed an answer and a Cross-Complaint against Cross-Defendants Smallwood and Aaron for indemnity, contribution and declaratory relief. On October 21, 2022, Aaron filed an answer. On May 18, 2022, Guldalian filed an answer. On May 19, 2022, Smallwood filed an answer. On September 21, 2022, Ceba...

Excerpt: ...d negligent spoilation of evidence. On July 11, 2023, Defendant filed a demurrer to be heard on August 4, 2023. On July 24, 2023, Plaintiff filed an opposition. On July 28, 2023, Defendant filed a reply. Trial is scheduled for October 9, 2024. PARTIES' REQUESTS Defendant requests that the Court sustain the demurrer. Plaintiff requests that the Court overrule the demurrer. LEGAL STANDARD A. Demurrer “The party against whom a complaint or cross-c...

Excerpt: ...pel Plaintiff's response to request for production of documents, set one, (2) to compel Plaintiff's response to form interrogatories, set one, and (3) to compel Plaintiff's response to special interrogatories, set one. Plaintiff has not filed an opposition. Trial is currently scheduled for December 14, 2023. PARTY'S REQUESTS Defendant moves to compel Plaintiff's responses to Defendant's request for production of documents (set one), form interrog...

Excerpt: ...ata stating its correct name is Graceful Senescence Adult Day Health Care, Inc. dba Forever Caring Adult Day Health Care. On October 11, 2022, the Court ruled as follows on Defendant's motion to dismiss, Plaintiff's motion to continue trial, and Plaintiff's counsel motion to be relieved: “Defendant requests the Court dismiss this action, without prejudice, as the Plaintiff to this action died on May 9, 2022. Since then, there have been no steps...

Excerpt: ...filed an opposition. On July 28, 2023, Defendant filed a declaration supporting the motion. Trial is currently scheduled for March 28, 2024. PARTIES' REQUESTS Defendant asks the Court for an order relieving him from his admissions and permitting him to serve responses to Plaintiff's requests for admissions, set one. Plaintiff asks the Court to deny the motion. LEGAL STANDARD “(a) A party may withdraw or amend an admission made in response to a ...

Excerpt: ...s alleged failure to maintain security within the store where Plaintiff was shopping, allowing two men to assault Plaintiff. Plaintiff moves the Court for an order compelling Defendant to provide further responses to Plaintiff's request for production of documents specified in a deposition notice or subpoena. The request for production was propounded to Defendant on March 23, 2023. The deposition took place on April 12, 2023. Plaintiff filed this...

Excerpt: ... to compel Plaintiff's response to form interrogatories, set one, and (3) to compel Plaintiff's response to special interrogatories, set one. Plaintiff has not filed an opposition. Trial is currently scheduled for February 5, 2024. PARTY'S REQUESTS Defendant moves to compel Plaintiff's responses to Defendant's Demand for Production of Documents (Set One), Form Interrogatories (Set One), and Special Interrogatories (Set One). Defendant also reques...

Excerpt: ...to Quash a Subpoena for Records to be heard on June 5, 2023. On May 22, 2023, Defendant filed an opposition. On May 26, 2023, Plaintiff filed a reply. On June 5, 2023, the Court continued the hearing on the motion to August 1, 2023. Trial is currently scheduled for December 1, 2023. PARTIES' REQUESTS Plaintiff requests that the Court quash the subpoena for records from the Department of Motor Vehicles. Defendant requests that the Court deny the m...

Excerpt: ...olesale Motors, LLC, The Ding Doctor, Inc., Subaru Santa Monica, Danny's Dealers Solutions, Property Owner of 1229 Santa Monica Blvd., Santa Monica, CA 90404, “John Doe,” and Does 1- 50. The amended complaint again asserted claims for motor vehicle, general negligence, intentional tort, and premises liability and added claims for personal injury, property damage, and wrongful death. On July 27, 2022, Defendants Goodson SM, LLC dba Subaru Sant...

Excerpt: ...intiff's independent medical examination but granted Defendant's request to continue the trial to accommodate a motion to compel hearing. The Court continued the trial scheduled for July 13, 2023 to September 20, 2023. The Court declined to extend discovery and law and motion deadlines, with the exception of those related to the motion to compel Plaintiff's medical examination. On July 3, 2023, Plaintiff filed a motion to continue the trial to Fe...

Excerpt: ...s and for monetary sanctions. Defendant has not filed an opposition. Trial is currently scheduled for February 14, 2024. PARTY'S REQUESTS Plaintiff requests that the Court order Defendant to answer form interrogatories and special interrogatories and grant monetary sanctions. LEGAL STANDARD A. Interrogatories “Within 30 days after service of interrogatories, the party to whom the interrogatories are propounded shall serve the original of the re...

Excerpt: ...Defendant Valerie L. Davis without prejudice at the request of Plaintiffs Chandra Rubio and Christopher Rubio. On May 8, 2023, the Court (the Honorable Cherol J. Nellon) denied the motion for leave to file a First Amended Complaint filed by Plaintiffs Christopher Rubio and Chandra Rubio without prejudice. B. Case no. 21STCV11946 On March 29, 2021, Plaintiffs Katelyn Hiller, Kaylie Branch, and Kylie Branch (“Plaintiffs”) filed a complaint agai...

Excerpt: ...ot filed an opposition. Trial is currently scheduled for December 15, 2023. PARTY'S REQUESTS Plaintiff requests that the Court order Defendant to produce the documents requested in Plaintiff's request for production, set one. Plaintiff also requests that the Court impose sanctions of $1,360.00. LEGAL STANDARD A. Inspection demand “Within 30 days after service of a demand for inspection, copying, testing, or sampling, the party to whom the deman...

Excerpt: ... adding the County of Los Angeles (“County”) as a defendant and adding claims for premises liability, “General Negligence based on 815.2(a) and 815.4, and 820(a); and Dangerous Condition of Public Property based on Government Code Section 835.” On April 27, 2022, the County filed an answer. On July 5, 2022, Morse filed an answer. On August 5, 2022, Plaintiffs amended the complaint to add Defendant Southern California Edison Company (“SC...

Excerpt: ...lvez, and DOES 1-100 alleging two causes of action arising from a motor vehicle collision that occurred on May 7, 2018. Plaintiff alleges personal injury and damages due to an automobile accident. Plaintiff submitted to defense mental and physical examinations. Plaintiff recorded those examinations but has refused to produce the audio recordings. In this motion to compel further discovery responses, Defendants Luis Giovanni Galvez and Costco Whol...

Excerpt: ...es liability, mandatory duty to protect against injuries, vicarious liability and survivor's action. On June 15, 2020, Garcia filed an answer. On April 17, 2023, Mayra Alejandra Vargas (erroneously sued as Maira Alejandra Vargas) ("Vargas") filed an answer. On May 10, 2019, the County filed an answer and a Cross-complaint against Cross-Defendants Garcia and Vargas for implied indemnity, contribution and declaratory relief. On January 2, 2020, the...

Excerpt: ... Highway Patrol (erroneously sued separately as "State of California" and "California Highway Patrol") and Jose Daniel Cheak filed an answer. On June 5, 2023, Defendants filed a motion for evidentiary sanctions to be heard on July 25, 2023. On July 12, 2023, Plaintiff filed an opposition. Trial is currently set for November 16, 2023. PARTIES' REQUESTS Defendants request that the Court issue evidentiary sanctions against Plaintiff. Plaintiff reque...

Excerpt: ...es, set one, and for sanctions, and (3) responses to form interrogatories, set one, and for sanctions. On July 12, 2023, Plaintiff filed an opposition. Trial is currently scheduled for October 25, 2023. PARTIES' REQUESTS Defendant requests that the Court compel Plaintiff to serve full and complete verified responses to form interrogatories, set one, special interrogatories, set one, and request for production of documents, set one. Defendant also...

Excerpt: ...16, 2022, Plaintiff filed a First Amended Complaint against Brown, Black Pyramid, LLC (Doe 1), and Does 2-50 for premises liability, negligent infliction of emotional distress, and negligence. On May 23, 2022, Defendants Brown and Black Pyramid, LLC filed an answer. On March 29, 2023, Defendants Brown and Black Pyramid, LLC (“Moving Defendants”) filed a motion to compel Plaintiff's mental examination, to be heard on April 28, 2023. The Court ...