Excerpt: ...l date is currently scheduled. PARTY'S REQUESTS Defendant requests that the Court strike the request for punitive damages, the demand of the complaint, and the exhibits. LEGAL STANDARD A. Motion to strike “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 . . . .” (Code Civ. Proc., § 435, subd. (b)(1).) The Court may “[s]trike out any irrelevant, false,...

Excerpt: ...6, 2023, Defendant filed a motion to compel Plaintiff to attend a physical examination to be heard on August 28, 2023. The Court continued the hearing on the motion to September 6, 2023. On August 25, 2023, Plaintiff filed an opposition. On August 25, 2023, Defendant filed a reply. Trial is currently scheduled for September 13, 2023. PARTIES' REQUESTS Defendant requests that the Court order Plaintiff to attend a physical examination on September ...

Excerpt: ...action against Defendants Steven Polard, Andrea Polard, Karla Polard and Sophia Polard for negligence, gross negligence and strict liability. Plaintiff later amended the complaint to include Defendant Tristain Polard. On May 3, 2022, Plaintiff filed a First Amended Complaint removing the cause of action for gross negligence. On June 6, 2022, Defendants filed an answer. On July 11, 2023, the Court dismissed Karla Polard, Sophia Polard and Tristan ...

Excerpt: ...2, and Rasier-CA, LLC as Doe 3. On May 17, 2023, Uber filed an answer. On July 20, 2023, Rasier, LLC and Rasier-CA, LLC filed an answer. On July 20, 2023, Uber, Rasier, LLC, and Rasier-CA, LLC (“Moving Defendants”) filed a motion to compel arbitration and for a stay, to be heard on August 15, 2023. The Court continued the hearing on the motion to September 6, 2023. On August 2, 2023, Plaintiff filed an opposition. On August 8, 2023, Moving De...

Excerpt: ...d an answer. On June 5, 2023, the Court granted Defendants' motion to compel Plaintiff's deposition and ordered Plaintiff to appear for a video deposition on June 29, 2023, at 10:00 a.m., or at another mutually agreeable date. The Court also ordered Plaintiff to pay sanctions to Defendants. On July 13, 2023, Defendants filed a motion for terminating sanctions to be heard on September 6, 2023. Plaintiff has not filed an opposition. Trial is curren...

Excerpt: ...d an answer. On June 5, 2023, the Court granted Defendants' motion to compel Plaintiff's deposition and ordered Plaintiff to appear for a video deposition on June 29, 2023, at 10:00 a.m., or at another mutually agreeable date. The Court also ordered Plaintiff to pay sanctions to Defendants. On July 13, 2023, Defendants filed a motion for terminating sanctions to be heard on September 6, 2023. Plaintiff has not filed an opposition. Trial is curren...

Excerpt: ...laintiff's request. On March 15, 2022, Plaintiff filed a First Amended Complaint, which included Defendant Theresa Nicolas as well as the other previously-named defendants. On June 15, 2022, Karabel & Sons Investments filed an answer. On December 1, 2022, the Court dismissed Karabel & Sons Investments with prejudice at Plaintiff's request. At a hearing on March 14, 2023, counsel stated that he filed an answer to the First Amended Complaint on beh...

Excerpt: ...supervision, negligent training and negligence per se. On July 20, 2023, Plaintiff filed a motion to compel the depositions of David Stephen Hopkins and the person most knowledgeable from Knight Auto Service & Towing, LLC, to be heard on September 5, 2023. On August 29, 2023, Defendants David Stephen Hopkins (“Hopkins”) and Knight Auto Service & Towing LLC (erroneously sued as two separate entities, Knight Auto Service & Towing, LLC and Knigh...

Excerpt: ..., on November 29, 2022 or on another mutually agreed upon date within 30 days of the hearing on the motion. On May 26, 2023, the Court granted Defendants' motion to compel Plaintiff to appear at an independent medical examination with neuropsychologist Charles Hinkin, Ph.D., on June 10, 2023, or on another mutually agreeable date within 30 days of the hearing on the motion. On June 22, 2023, the Court granted Defendants' motion for leave to take ...

Excerpt: ...8, 2022, the clerk entered default against Bowen. On July 28, 2022, the Court vacated the default. On September 12, 2022, Bowen and Estate filed an answer. On July 13, 2023, Plaintiff filed a motion for leave to file a first amended complaint to add a claim for punitive damages against Bowen, to be heard on August 31, 2023. On August 18, 2023, Bowen and Estate (“Defendants”) filed an opposition. On August 24, 2023, Plaintiff filed a reply. Tr...

Excerpt: ...has not filed an opposition. The trial is currently set for March 13, 2024. PARTY'S REQUEST Defendant requests that the Court issue terminating sanctions against Plaintiff and issue monetary sanctions of $920.00. LEGAL STANDARD Code of Civil Procedure section 2023.030 gives the court discretion to impose sanctions against anyone engaging in a misuse of the discovery process. A court may impose terminating sanctions by striking pleadings of the pa...

Excerpt: ...e negligence and loss of consortium. On January 14, 2022, Dutt and Uplander ("Defendants") filed an answer. On July 10, 2023, Pastor filed a motion to compel Dutt to respond to questions asked at his deposition, to be heard on August 31, 2023. On August 18, 2023, Defendants filed an opposition. Trial is scheduled for March 19, 2024. PARTIES' REQUESTS Pastor requests that the Court order Dutt to answer questions asked at his previous deposition. D...

Excerpt: ...omplaint against the same defendants for motor vehicle tort, “Motor Vehicle Code 17001, 17002, 17150.” On December 11, 2020, Metro filed an answer. On August 7, 2023, Metro filed a motion to compel Plaintiff to travel to Los Angeles to attend an independent medical examination. On August 18, 2023, Plaintiff filed an opposition. Trial is currently scheduled for March 7, 2024. PARTIES' REQUESTS Metro requests that the Court order Plaintiff to t...

Excerpt: ...age “under the influence (despicable conduct)” from the complaint, as well as the request for punitive damages and attorneys' fees. LEGAL STANDARD A. Motion to strike “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 . . . .” (Code Civ. Proc., § 435, subd. (b)(1).) The Court may “[s]trike out any irrelevant, false, or improper matter inserted in an...

Excerpt: ...7, 2022, the Court dismissed the City of Los Angeles without prejudice at Plaintiffs' request. On September 8, 2022, the Court dismissed the City of Malibu without prejudice at Plaintiffs' request. On June 16, 2023, the Court granted the County's motion for judgment on the pleadings with 30 days leave to amend. On July 10, 2023, Plaintiffs filed a first amended complaint against the County and Does 1-20 for premises liability, willful failure to ...

Excerpt: ...7, 2022, the Court dismissed the City of Los Angeles without prejudice at Plaintiffs' request. On September 8, 2022, the Court dismissed the City of Malibu without prejudice at Plaintiffs' request. On June 16, 2023, the Court granted the County's motion for judgment on the pleadings with 30 days leave to amend. On July 10, 2023, Plaintiffs filed a first amended complaint against the County and Does 1-20 for premises liability, willful failure to ...

Excerpt: ...sed on strict products liability, survival based on strict products liability, bystander liability based on strict products liability, wrongful death based on negligence, survival based on negligence, bystander liability based on negligence and negligence. On December 12, 2022, Juarez and H&M filed an answer. On July 6, 2023, the Court denied the motion for good faith settlement determination of Juarez and H&M. On July 7, 2023, Juarez and H&M (�...

Excerpt: ...gainst Maldonado. On August 10, 2023, Plaintiff filed a Request for Court Judgment to be heard on August 30, 2023. PARTY'S REQUEST Plaintiff requests that the Court enter a default judgment against Defendants Rafael Maldonado and SPR Trucking, Inc. and award Plaintiff $243,850.39, consisting of $142,685.00 in special damages, $100,000.00 in general damages, $0.00 in prejudgment interest, $0.00 in attorney's fees, and $1,165.39 in costs. DISCUSSIO...

Excerpt: ...), filed an answer. On October 25, 2022, the Court denied Defendant's motion for summary judgment. On June 22, 2023, the parties stipulated that discovery was closed, but “expert [depositions] of the seven retained designated experts and deposing any non-retained experts shall continue with the new trial date” of August 16, 2023. On July 26, 2023, Plaintiff filed a motion to strike Defendant's supplemental designation of expert Dr. Terry Durb...

Excerpt: .... Plaintiffs have not filed an opposition. Trial is currently scheduled for October 27, 2023. PARTY'S REQUESTS Defendant requests that the Court strike the following: 1. Paragraph 11 of the complaint, which alleges Defendant was driving under the influence at the time of the accident 2. The complaint's request for punitive damages 3. The complaint's request for attorney fees LEGAL STANDARD A. Motion to strike “Any party, within the time allowed...

Excerpt: ...9, 2021, the Court dismissed Washington-Allport Properties, LLC without prejudice at Plaintiff's request. On November 5, 2021, Plaintiff amended the complaint to include Defendants Washington-Allport Properties, LLC as Doe 1, Margaret A. Rahm as Doe 2, and Emily R. Rahm as Doe 3. On November 16, 2021, Plaintiff amended the complaint to include Defendants Elite Vinyl Windows, Inc. as Doe 4 and Stereo Zone as Doe 5. On February 22, 2022, Washington...

Excerpt: ...ty filed an answer. On January 4, 2023, the Court dismissed the County, without prejudice, at Plaintiff's request. On September 14, 2022, CDT filed an answer. On October 31, 2022, the Court dismissed CDT, without prejudice, at Plaintiff's request. On September 16, 2022, the Court dismissed the City, without prejudice, at Plaintiff's request. On September 26, 2022, LACMTA filed an answer. On May 30, 2023, the Court granted Plaintiff's counsel's mo...

Excerpt: ...ed a motion to compel Plaintiff's deposition to be heard on August 9, 2023. On July 25, 2023, Plaintiff filed an opposition. On August 2, 2023, Defendant filed a reply. On August 9, 2023, the Court continued the hearing to August 29, 2023, and ordered the parties to file supplemental declarations addressing the status of Plaintiff's deposition by August 23, 2023. On August 23, 2023, Defendant filed a supplemental declaration stating Plaintiff app...

Excerpt: ...ly 10, 2023, the Court granted the motion of Intervenor State Farm Mutual Automobile Insurance Company ("Intervenor") to intervene on behalf of Rodriguez and Moran. On July 26, 2023, Plaintiff filed a motion for terminating sanctions to be heard on August 21, 2023. On August 8, 2023, Intervenor, Rodriguez and Moran (“Opposing Parties”) filed an opposition. On August 14, 2023, Plaintiff filed a reply. The trial is currently set for September 2...

Excerpt: ...pervision, negligent training and negligence per se. On June 14, 2023, Defendants Knight Auto Service & Towing LLC (erroneously sued as two separate entities, Knight Auto Service & Towing LLC and Knight Auto Service and Towing) and David Stephen Hopkins (“Defendants”) filed (1) a motion to compel responses to Defendants' request for production (set one) and for sanctions of $2,266.65 and (2) a motion to compel responses to Defendants' form in...

Excerpt: ..., the Court dismissed the action without prejudice under Code of Civil Procedure section 581, subdivision (b)(3). On August 6, 2021, the Court granted Plaintiff's motion to vacate the dismissal. On October 12, 2021, Union Pacific filed an answer. On February 28, 2022, Higuera filed an answer. On October 25, 2022, Plaintiff amended the complaint to include Defendant Nolan Dooley as Doe 1 (“Dooley”). On June 1, 2023, Union Pacific filed a motio...

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 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: ... 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: ...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: ...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 ...

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: ...ion of documents, set one, and form interrogatories, set one. Defendants have not filed an opposition. Trial is currently scheduled for May 15, 2024. PARTY'S REQUESTS Plaintiff requests that the Court grant her motion to compel Defendants to respond to form interrogatories, set one, and request for production of documents, set one. Plaintiff also requests $2,186.65 in sanctions. LEGAL STANDARD A. Inspection demand “Within 30 days after service ...

Excerpt: ...n of Benjamin Roberts to be heard on July 20, 2023. On July 6, 2023, Plaintiff filed a supplement to the application. On July 7, 2023, Defendant filed an objection. On July 17, 2023, Plaintiff filed a response to the objection. Trial is currently set for September 30, 2024. PARTIES' REQUESTS Plaintiff requests that the Court admit Benjamin Roberts pro hac vice. Defendant requests that the Court stay proceedings in this case until Defendant's moti...

Excerpt: ...laintiff's motorcycle. Plaintiff later amended the complaint to include Defendant Enterprise Rent-A-Car Company of Los Angeles, LLC, dba National Car Rental (“Enterprise”). On November 20, 2020, the Court dismissed EAN, National and Enterprise Holdings without prejudice at Plaintiff's request. On November 30, 2020, Rye and Enterprise filed an answer. On January 4, 2021, the parties stipulated as follows: · Enterprise Rent-A-Car Company of Lo...

Excerpt: ...vis Rent A Car System, Inc.) (“Avis”) filed an answer. On May 26, 2022, Avis filed a Cross-Complaint against Cross-Defendant City of Los Angeles (“City”) for indemnity, apportionment of fault, comparative fault and declaratory relief. On August 11, 2022, the City filed an answer to the Cross-Complaint and a Cross-Complaint against Cross-Defendants Avis, Hua Tong and Nian Tong for indemnification, apportionment of fault and declaratory rel...

Excerpt: ...egligence 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 November 1, 2022, Smallwood filed an answer. On May 18, 2022, Guldalian filed an answer. On May 19, 2022, Smallwo...

Excerpt: ...ed an answer. On October 5, 2022, the Court dismissed Eileen Reyes's complaint with prejudice at Plaintiffs' request. On June 6, 2023, Plaintiff filed a motion for an order compelling Rodriguez to appear and testify at a deposition and produce documents and for sanctions. On July 5, 2023, Defendants filed an opposition. On July 7, 2023, Plaintiff filed a reply. Trial is currently scheduled for January 5, 2024. PARTIES' REQUESTS Plaintiff requests...

Excerpt: ...f filed a First Amended Complaint. On October 7, 2019, the clerk entered default against Bionicos. On January 30, 2020, the clerk entered default against Rodriguez and Quezada. On October 26, 2021, the Court dismissed Jugos without prejudice. On April 11, 2022, the Court dismissed the complaint without prejudice. On April 21, 2022, Plaintiff filed a motion to vacate the April 11, 2022 order of dismissal. Plaintiff's counsel submitted a declaratio...

Excerpt: ... from so acting in the future.” On April 4, 2023, the Court dismissed Valerie without prejudice at Plaintiffs' request. On April 24, 2023, Defendants filed a demurrer and a motion to strike, to be heard on July 17, 2023. On July 3, 2023, Plaintiffs filed oppositions to the demurrer and the motion to strike. There is no currently scheduled trial date. PARTIES' REQUESTS Defendants request that the Court sustain the demurrer to the punitive damage...

Excerpt: ...ental). On January 12, 2023, Continental filed an answer. On January 12, 2023, the Court dismissed Continental Apartments Ltd. with prejudice at Plaintiff's request. On April 27, 2023, Continental filed motions to compel responses to form and special interrogatories and a request for production of documents. Continental requested $460 in sanctions for each motion. Plaintiff has not filed oppositions. Trial is currently scheduled for February 6, 2...

Excerpt: ...First Amended Complaint 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 Southern California Edison C...

Excerpt: ...3. Plaintiff has not filed an opposition. Trial is currently scheduled for November 8, 2023. PARTY'S REQUESTS 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 on Plaintiff totaling between $2,250.00 and $3,600.00. LEGAL STANDARD Code of Civil Procedure section 2025.450, subdivision (a) provides: “If, after service of...

Excerpt: ...The same day, Defendants' counsel electronically served on Plaintiff's counsel: (1) form interrogatories, set one, and (2) a demand for production of documents, set one. (Declarations of Arpie Aslanian, ¶ 2.) Plaintiff's responses were due March 6, 2023. (Declarations of Arpie Aslanian, ¶ 4.) On March 13, 2023, Defendants' counsel e-mailed Plaintiff's counsel a meet and confer request regarding the overdue discovery. (Declarations of Arpie Asla...

Excerpt: ...uty of care, negligence, and loss of consortium. Plaintiffs later amended the complaints to include Defendants Derry Fayrel Green, Jr. (“Green”), Herminio Rodriguez (“Rodriguez”) and Michael Duarte (“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 a...

Excerpt: ...ed default against Melendez. On February 2, 2023, the clerk entered default against Wholesale. On April 26, 2023, Plaintiffs filed requests for court judgment to be heard on July 13, 2023. PARTIES' REQUESTS Plaintiff Adriana Barajas requests that the Court enter default judgment against Defendants Cosme Melendez and Wholesale Distribution Inc. and award Barajas $41,204.88, consisting of $10,169.00 in special damages, $30,507.00 in general damages...

Excerpt: ...December 23, 2021, Plaintiff filed a Statement of Damages. On December 27, 2021, the clerk entered default against Defendant. On June 20, 2022, the Court denied Plaintiff's request to enter default judgment against Defendant and award Plaintiff $605,000.00, consisting of $550,000.00 in general damages and $55,000.00 in special damages. The Court found that Plaintiff did not provide any billing records as evidence of the cost of medical treatment....

Excerpt: ...cation to continue the trial but ordered that discovery deadlines would continue to be based on the previous May 2, 2023 trial date. On June 15, 2023, Defendants filed a motion to reopen discovery to be heard on July 11, 2023. On June 27, 2023, Plaintiff filed an opposition. On July 5, 2023, Defendants filed a reply. Trial is currently scheduled for September 26, 2023. PARTIES' REQUESTS Defendants request that the Court re-open discovery to allow...

Excerpt: ...egligence 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 November 1, 2022, Smallwood filed an answer. On May 18, 2022, Guldalian filed an answer. On May 19, 2022, Smallwo...

Excerpt: ...ry 26, 2021, Garcia and County filed an answer. On March 27, 2023, Garcia and County (“Moving Defendants”) filed Motions to Compel Plaintiffs' IMEs to be heard on June 27, 2023. On May 8, 2023, Moving Defendants filed supplemental papers. On June 27, 2023, the Court continued the hearing to July 11, 2023 to obtain a Spanish language interpreter. Trial is currently scheduled for October 3, 2023. PARTIES' REQUESTS Moving Defendants request that...

Excerpt: ... and July 12, 2023. Plaintiff has not filed a response. The trial is currently set for August 4, 2023. PARTY'S REQUEST Sotelo requests that the Court issue terminating sanctions against Plaintiff and impose sanctions of $61.65. LEGAL STANDARD Code of Civil Procedure section 2023.030 gives the court the discretion to impose sanctions against anyone engaging in a misuse of the discovery process. A court may impose terminating sanctions by striking ...

Excerpt: ...r Construction, Inc. (“KC”), Calcrete Construction, Inc. (already named in the complaint), Bolivar Levi Ramirez individually and doing business as Cal-Crete Construction Co. and Ferrocrete Builders, Inc. (Ferrocrete). On April 11, 2022, KC and CCDFI filed an answer. On June 21, 2022, Calcrete filed an answer. On July 28, 2022, the Court dismissed Bolivar Levi Ramirez individually and doing business as Cal-Crete Construction Co. without prejud...

Excerpt: ...rres (“Cross- Defendant Torres”) for indemnification, apportionment and declaratory relief. Cross-Defendant Torres filed an answer on December 6, 2022. On December 28, 2022, the Court dismissed Antosy from the complaint, without prejudice, at Plaintiff's request. On February 17, 2023, Cross-Defendant Torres moved for a good faith settlement determination. Defendant/Cross-Complainant Harmel opposed the motion. On April 13, 2023, the Court (Hon...

Excerpt: ...7, 2022, SFS filed an answer. On October 12, 2022, Plaintiffs dismissed Apollo without prejudice. On June 6, 2023, SFS moved to compel Plaintiffs Ricardo Jimenez and Maria Galvan to respond to (1) form interrogatories, set one, (2) special interrogatories, set one, and (3) request for production, set one. Plaintiffs have not filed opposition. Trial is currently scheduled for October 11, 2023. PARTY'S REQUESTS Defendant SFS requests that the Court...

Excerpt: ...�Pompa”) for indemnity, apportionment of fault, contribution and negligent entrustment. On May 9, 2023, the Court (Hon. Cherol J. Nellon) sustained Cross- Defendant Pompa's demurrer to the Cross-Complaint's negligent entrustment claim with leave to amend. The Court explained: “A cause of action for negligent entrustment requires more than a mere assertion that a party negligent entrusted a vehicle to a third party. The party asserting the cla...

Excerpt: ...23, the City filed an answer and a Cross-Complaint against Cross-Defendants State and County for indemnification, apportionment of fault and declaratory relief. On June 9, 2023, the State filed a demurrer to be heard on July 7, 2023. On June 20, 2023, Plaintiff filed an opposition. On June 29, 2023, State filed a reply. There is no currently scheduled trial date. PARTIES' REQUESTS The State requests that the Court sustain the demurrer. Plaintiff ...

Excerpt: ...ongful death based on strict products liability, survival based on strict products liability, bystander liability based on strict products liability, wrongful death based on negligence, survival based on negligence, bystander liability based on negligence and negligence. On December 12, 2022, Juarez and H&M filed an answer. No other defendants have answered or appeared in the action. On June 5, 2023, Juarez and H&M (“Moving Defendants”) filed...

Excerpt: ...tiffs later amended the complaint to include Defendant Pipkin Detective Agency, Inc. (“Pipkin”). On January 11, 2022, Guillermo dba Los Angeles Private Detectives filed an answer. On July 8, 2022, Pipkin filed an answer. Pipkin later filed a Cross- Complaint against Cross-Defendants ROES 1-100 for indemnity, equitable contribution and declaratory relief. On December 8, 2022, the Court granted Pipkin's motion to strike the punitive damage clai...

Excerpt: ...On October 13, 2022, Defendants filed an answer. On June 9, 2023, Plaintiff filed a Motion to Compel Deposition of BHC's Person(s) Most Qualified to be heard on July 5, 2023. On June 21, 2023, Defendants filed an opposition. On June 28, 2023, Plaintiff filed a reply. Trial is currently set for March 12, 2024. PARTIES' REQUESTS Plaintiff requests that the Court order BHC to produce its Person(s) Most Qualified (PMQ) for a deposition within 10 days...

Excerpt: ...ber 13, 2022, the jury returned a special verdict in favor of Plaintiffs and against Defendant in the amount of $28,536,750. In December 2022, Plaintiff's lawyers filed documents to levy and execute against Defendant's property. On January 11, 2023, Defendant filed a claim of exemption. Notice of the claim of exemption was mailed to Plaintiffs on February 9, 2023. On February 23, 2023, Plaintiffs filed a Notice of Opposition to Claim of Exemption...

Excerpt: ...ive, to compel Plaintiff's independent medical examination (“IME”) and for monetary sanctions. On June 20, 2023, Plaintiff filed an opposition. On June 26, 2023, Defendant filed a reply. Trial is currently scheduled for December 12, 2023. PARTIES' REQUESTS Defendant requests that the Court impose issue and evidentiary sanctions on Plaintiff or, in the alternative, that the Court compel Plaintiff's IME with Gregory Lercel, M.D., and impose mon...

Excerpt: ...ned, drove, and operated his vehicle, causing it to collide with Plaintiffs' vehicle and injure Plaintiffs. On April 14, 2023, Defendant filed a motion to compel Plaintiff John Ellis to respond to special interrogatories, set one. Plaintiff John Ellis has filed no opposition to the motions. PARTY'S REQUESTS Defendant moves the Court for an order compelling Plaintiff John Ellis to respond to special interrogatories, set one and to impose monetary ...

Excerpt: ...led answers. On September 30, 2021, Martinez filed an answer. On February 15, 2022, the Court granted Defendants' motions to compel arbitration and stayed the action pending binding arbitration. On June 7, 2023, Boyce filed a motion for reconsideration and consolidation to be heard on June 30, 2023. On June 16, 2023, Martinez filed an opposition. On June 16, 2023, Uber, Rasier-CA and Rasier filed an opposition. On June 23, 2023, Boyce filed a rep...

Excerpt: ...requests for production (set one), and (3) a motion to deem admitted the truth of matters specified in requests for admissions. Trial is set for March 13, 2024. PARTY'S REQUESTS Defendant asks the Court to compel Plaintiff to serve verified responses without objections to form interrogatories, special interrogatories, and requests for production (all set one), and to deem admitted the truth of matters specified in requests for admissions. Defenda...

Excerpt: ...ned, drove, and operated his vehicle, causing it to collide with Plaintiffs' vehicle and injure Plaintiffs. On April 14, 2023, Defendant filed the pending four motions to compel Plaintiffs' initial discovery. Plaintiffs have filed no oppositions to the motions. PARTY'S REQUESTS Defendant moves the Court for orders granting the following motions: (1) Motion to Compel Plaintiff John Ellis's Verified Responses to Defendant Santos Carranzacabellero's...

Excerpt: ...arch 10, 2023, Defendant filed a motion for leave to conduct a defense mental examination of Plaintiff. On May 15, 2023, Plaintiff filed an opposition. On May 19, 2023, Defendant filed a reply. On May 30, 2023, the Court issued a tentative ruling and continued the hearing on the motion to June 29, 2023. The Court ordered Defendant's counsel to file a supplemental declaration with information on the nature of the examination by Ari Kalechstein, Ph...

Excerpt: ...ary 26, 2021, Garcia and County filed an answer. On March 27, 2023, Garcia and County (“Moving Defendants”) filed Motions to Compel Plaintiffs' IMEs to be heard on June 27, 2023. On May 8, 2023, Moving Defendants filed supplemental papers. Trial is currently scheduled for October 3, 2023. PARTIES' REQUESTS Moving Defendants request that the Court order Aguirre to attend an IME with orthopedic surgeon Thomas Grogan, M.D., on August 2, 2023, at...

Excerpt: ... 8, 2021, Burbon 1420 filed an answer and a Cross-Complaint against Cross-Defendants Alltime and Ritz for equitable indemnity, contribution, apportionment of fault and declaratory relief. On March 10, 2021, Ritz filed an answer. On April 1, 2021, Alltime filed an answer. On February 19, 2021, Ritz filed an answer and a Cross-Complaint against Roes 1 through 20 for indemnification, apportionment of fault and declaratory relief. On April 5, 2021, A...

Excerpt: ...ns to be heard on June 26, 2023. Plaintiffs have not filed oppositions. Trial is currently scheduled for November 22, 2023. PARTIES' REQUESTS Defendants request that the Court compel Plaintiffs to appear for their depositions. Defendants also request that the Court impose $461.65 in sanctions on each Plaintiff. LEGAL STANDARD Code of Civil Procedure section 2025.450, subdivision (a) allows the Court to compel a party to appear at a deposition and...

Excerpt: ...Theodore Birnkrant, Carole Birnkrant, Michael Birnkrant, Sally J. Birnkrant, Thomas Birnkrant, Janet Birnkrant-Levine, Gary M. Tearson and Rosalinda Villaraza for motor vehicle negligence, negligence and premises liability and loss of consortium. On September 22, 2021, 940 and FIC filed an answer. On December 10, 2021, Canoga filed an answer. On March 21, 2023, FIC filed a motion for an order that the truth of the matters specified in its request...

Excerpt: ... The County was later dismissed without prejudice. On January 29, 2021, the City was dismissed without prejudice at Plaintiff's request. On January 21, 2021, LACMTA filed an answer. On May 1, 2023, Plaintiff filed a Motion to Quash Expert Deposition to be heard on June 22, 2023. On June 8, 2023, LACMTA filed an opposition. Trial is currently scheduled for July 27, 2023. PARTIES' REQUESTS Plaintiff requests that the Court quash the subpoena served...

Excerpt: ...023. PARTY'S REQUESTS Defendants request that the Court order Plaintiff to attend an IME with neurologist Lorne Sheldon Label, MD, on June 26, 2023, at 5:00 p.m., at 2190 Lynn Road, Suite 380, Thousand Oaks, CA 91360. LEGAL STANDARD Code of Civil Procedure section 2032.220 provides: “(a) In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the ...

Excerpt: ...C dba Sunny View Care Center (“Sunny”) for medical malpractice and wrongful death. On August 19, 2021, Plaintiffs filed the First Amended Complaint. On November 24, 2021, Plaintiffs filed the Second Amended Complaint for medical malpractice (wrongful death) and medical malpractice (survival action). On December 6, 2021, SGV filed an answer. On December 7, 2021, Pinegrove filed an answer. On December 15, 2021, Hoag filed an answer. On February...

Excerpt: ...iff's IME to be heard on June 22, 2023. On June 7, 2023, Plaintiff filed an opposition. On June 14, 2023, Defendants filed a reply. Trial is currently scheduled for September 14, 2023. PARTIES' REQUESTS Defendants request that the Court order Plaintiff to appear for an IME with Anita Hamilton at 3020 Old Ranch Parkway, Suite #306, Seal Beach California, 90740, on July 17, 2023, at 9:30 a.m. Defendant's papers identify Dr. Hamilton variously as a ...

Excerpt: ...ate to be heard on June 21, 2023. Trial is current scheduled for September 14, 2023. PARTY'S REQUESTS Defendant requests that the Court consolidate this case with Case No. 22STLC08554, entitled Fred Loya Insurance Company v. Cesar Barrios. Defendant also requests the Court deem 22STLC08554 an unlimited case. LEGAL STANDARD “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or tria...

Excerpt: ...on her. On May 17, 2023, Defendant filed a Demurrer to be heard on June 21, 2023. Plaintiff has not filed an opposition. There is no currently scheduled trial date. PARTY'S REQUEST Defendant requests that the Court sustain the demurrer to the complaint. LEGAL STANDARD A. Demurrer “The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or mo...

Excerpt: ...Motion to Compel Arbitration to be heard on June 20, 2023. On June 5, 2023, Plaintiff filed an opposition. On June 12, 2023, Uber filed a reply. There is no currently scheduled trial date. PARTIES' REQUESTS Uber requests that the Court compel arbitration and stay the action against Uber. Plaintiff requests that the Court deny the motion. LEGAL STANDARD “A written agreement to submit to arbitration an existing controversy or a controversy therea...

Excerpt: ...C Perinatal Group, Maternal-Fetal Medicine (“USC”). On March 2, 2021, GAMC filed an answer. On March 4, 2021, Chan filed an answer. On May 21, 2021, Chung filed an answer. On July 20, 2022, Incepi and USC filed an answer. On March 7, 2023, Plaintiff filed a Motion for Preferential Trial Setting to be heard on June 8, 2023. On May 24, 2023, Chung filed an opposition. On May 24, 2023, GAMC filed a joinder to the opposition. On May 25, 2023, Cha...

Excerpt: ...f of Service of Summons filed 3/22/21.) On May 26, 2021, Defendant filed an answer. On July 30, 2021, current counsel substituted into the case to represent Defendant. On June 27, 2022, the Court granted the parties' request to continue the trial from September 26, 2022 to April 13, 2023 and ordered that discovery and motion cut-off dates would be based on the new trial date. On November 23, 2022, new counsel substituted into the case to represen...

Excerpt: ...dant International Coffee & Tea, LLC (“ICT”). On October 17, 2022, URW, WTO and WC filed an answer. On December 5, 2022, ICT filed an answer. On April 26, 2023, Plaintiff filed a Motion to Quash Subpoena for Records to be heard on June 15, 2023. On June 2, 2023, ICT filed an opposition. Trial is currently scheduled for February 28, 2024. PARTIES' REQUESTS Plaintiff requests that the Court quash the subpoenas for records served on the followin...

Excerpt: ...nded Complaint. On July 6, 2021, HD filed an answer. On July 29, 2021, Amar and Acosta filed an answer. On May 30, 2023, Plaintiff filed the Second Amended Complaint, adding Defendant MA Construction and Remodeling, Inc. (“MCR”). On March 28, 2023, Plaintiff filed a Motion to Compel Deposition of HD's Employee, John Castro to be heard on June 14, 2023. Also on March 28, 2023, Plaintiff filed a Motion to Compel Deposition of Acosta to be heard...