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: ...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: ...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: ...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: ...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: ...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: ...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: ..., 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: ...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: ...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...