Excerpt: ...Mariposa Avenue in Los Angeles. On March 14, 2024, the Court granted, with leave to amend, Defendant's motion to strike Plaintiff's prayer for punitive damages. On March 19, 2024, Plaintiff filed the First Amended Complaint (“FAC”). Plaintiff again seeks punitive damages. On March 27, 2024, Defendant filed this motion to strike the prayer for punitive damages in the FAC. Plaintiff filed an opposition on April 9, and Defendant filed a reply on...

Excerpt: ... after it rol led off a flat bed tow truck. (Complaint, ¶¶ 10 -23.) On September 25, 2023, Plaintiffs filed the Complaint in this action against Carmel Towing & Transport, Inc.; Bert's Garage, Inc.; Automobile Club of Southern California (“AAA”), and Does 1 through 25. Plaintiffs assert causes of actions for premises liab ility; negligence; vicarious liability; and loss of consortium. AAA filed its Answer to the Complaint on October 17, 202...

Excerpt: ...e 3, 2019, Defendant filed an answer. On March 21, 2024, Defendant filed a motion for leave to file a cross-complaint. Plaintiff filed an opposition on April 3, and Defendant filed a reply on April 17. Legal Standard The Code of Civil Procedure distinguishes between compulsory and permissive cross - complaints. A compulsory cross -complaint, under Code of Civil Procedure section 426.30, is one that asserts (1) a “related cause of action”; (2)...

Excerpt: ...ear the Adams Exit on the 101 North Freeway in Los Angeles. In Case No. 21STCV23847 (the “Marinero Action”), Plaintiffs Luis Felix Marinero, Ana Rodriguez, and Nathaly Rodriguez filed a complaint on June 28, 2021, asserting causes of action for negligence and negligence per se against Defendant Angelica Bianca Diaz (“Diaz”) and Does 1 through 25. Diaz filed her answer on August 20, 2021. In Case No. 21STCV24492 (the “Smith Action”), P...

Excerpt: ...action for premises liability and general negligence arising from a fall on July 18, 2022, that allegedly resulted from a negligently maintained railing at premises operated by Defendants on West Rosecrans Avenue in Gardena. On March 27, 2023, Dhillon Foods filed an answer and a cross -complaint against Roes 1 through 15. On March 30, 2023, Rosegarden and Westridge filed an answer. On December 12, 2023, Rosegarden and Westridge filed a cross -com...

Excerpt: ...liability. City filed an answer on June 1, 2021. On December 15, 2021, Plaintiff filed an amendment to the complaint to name James W. Stewart, II (“Stewart”) as Doe 1. On June 2, 2023, Plaintiff filed a First Amended Complaint (“FAC”) asserting the same claims against the same defendants. On June 6 and 29, 2023, Stewart and City filed their answers to the FAC. On March 1, 2024, Stewart filed his motion for summary judgment. The motion is ...

Excerpt: ... for the wrongful death of her husband, Keith Perkins, due to the medical negligence of Defendants Prime Healthcare Centinela, LLC dba Centinela Hospital Medical Center (“Centinela”); Broderick J. Franklin, M.D. (“Franklin”); and Does 1 through 25. Centinela and Franklin filed their answers to the FAC on January 11 and June 9, 2023. On June 9, 2023, Franklin served Plaintiff with discovery, including Form Interrogatories (Set One) and Spe...

Excerpt: ...intiff Gary Trent Stephens filed his complaint against Jason Fladien and Alexis Woodford. On October 17, 2021, Plaintiff filed an amendment to complaint adding Molly Fladlien as Doe 1. In Case No. 22CHCV01468, on December 21, 2022, Nathan Pratt, a minor by and through his Guardian Ad Litem Andrea Rocha, filed a complaint against Alexi Jean Woodford, Jason Fladlien, Gary Trent Jong Sou Stephens, and Nancy Michelle Simon Perez. In Case No. 22CHCV01...

Excerpt: ...covery. (Wysocky Decl., ¶ 3.) On October 17, 2023, the Court ordered Plaintiff to serve responses. ( Id., ¶ 4.) Plaintiff did not do so. ( Id., ¶ 5.) Defendant moved for terminating, issue, evidence, and monetary sanctions; on February 5, 2024, the Court denied Defendant's motion for terminating or issue sanctions, granted Defendant's request for evidentiary sanctions, and ordered Plaintiff to pay monetary sanctions of $900.00. ( Id., ¶¶ 6 -...

Excerpt: ...sparza (“Esparza”) filed the complaint in Case No. 22STCV21496 against Samantha Friedman (“Friedman”), Evan Wildstein (“Wildstein”), and Does 1 through 50 asserting causes of action for motor vehicle negligence and general negligence (the “Esparza Action”). Friedman and Wildstein filed their answers in August and October 2022. On September 13, 2022, Plaintiff City of Los Angeles (“City”) filed the complaint in Case No. 22STCV2...

Excerpt: ...on January 28, 2022. Guerrero and S&G (collectively, “Defendants”) filed their answer on March 30, 2022. Plaintiff served a notice on July 13, 2023, for the deposition of S&G, and then subsequently served a First Amended Notice, a Second Amended Notice, and eventually a Third Amended Notice. (Dembowski Decl., ¶¶ 4-7 & Exhs. A -D.) In the Third Amended Notice, Plaintiff identifies six topics of examination and includes six document requests....

Excerpt: ... Authority (“LAHSA”), State of California (“State”), Sportsmen's L odge Owner, LLC (“Owner”), Midwood Management Corp. (”Management”), and Does 1 through 100, asserting causes of action for negligence, violation of Government Code sections 815.2(a) and 820(a), and dangerous condition of public property, arising out of a slip and fall incident on March 15, 2021. County filed its answer on July 7, 2022. Owner and Management filed th...

Excerpt: ...Angeles, erroneously sued as Los Angeles County Sheriff's Department, filed an answer to the complaint. On June 20, 2023, Defendant Reta filed an answer to the complaint. On March 4, 2024, Plaintiff filed this motion to continue trial. On March 19, 2024, Plaintiffs Dalton and Lee filed an amended motion. Defendants Los Angeles County Sheriff's Department and Ricardo Reta (collectively “Defendants”) filed an opposition on Ap ril 2, 2024. Legal...

Excerpt: ...omplaint in this action on February 18, 2021, asserting causes of action for negligence and products liability against Defendants Conair Corporation, Waring Commercial, and Does 1 through 20. On August 31, 2021, Norguard Insurance Company (“Norguard”) filed a complaint in intervention against Conair Corporation, Waring Commercial, and Does 1 through 20, alleging that the accident occurred during the course of Plaintiff's employment and that N...

Excerpt: ...iation, Inc. (“Defendant”) and Does 1 through 100, asserting causes of action for general negligence and premises liability. Defendant filed an answer on February 2, 2024. Previously, Plaintiff, represented by the same counsel, filed a similar complaint on October 14, 2022, seeking to recover for what appears to be the same injury against GP Rah Enterprises Inc. and Does 1 through 100, under Case No. 22STCV33609. (Torres-Brito Decl., ¶ 2; Re...

Excerpt: ...ad in Tujunga. On June 15, 2022, Defendant filed an answer to the complaint. On September 21, 2022, Plaintiff Vartan Aristakian filed a request for dismissal of their claims. On filing, the Court set a trial date of October 27, 2021. The trial date was vacated, reset for July 25, 2023, continued to November 29, 2023, and then continued again to March 25, 2024. On March 5, 2024, the Court granted the opposed ex parte application of Plaintiff Vahag...

Excerpt: ...ies, Inc. (“Uber”), and Does 1 through 20 asserting causes of action for motor vehicle negligence and general neg ligence. Uber and Gomillion filed their answers on January 3 and January 11, 2022. On February 27, 2024, Defendant Uber Technologies, Inc. (“Uber”) filed this motion to compel the second deposition of Plaintiff. Uber also seeks sanctions. The motion was originally set for hearing on May 29; the hearing was advanced to April 11...

Excerpt: ... 3, 2020. Zucker and Shaw filed their answer to the complaint on April 15, 2022. On March 6, 2024, Shaw filed this motion for leave to conduct a mental examination of Plaintiff. The motion was initially set for hearing on June 10 and was advanced to April 11 on the moving party's ex parte application. No opposition has been filed. Legal Standard “Any party may obtain discovery . . . by means of a physical or mental examination of (1) a party to...

Excerpt: ... failure to state a cause of action, (2) comparative negligence,(3) failure to mitigate damages) and (4) third party n egligence. On May 11, 2023, Defendant filed this motion for leave to file first amended answer. No opposition has been filed. Legal Standard CCP § 473(a)(1) provides, in relevant part: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or st...

Excerpt: ...n an automobile (driven by Defendant) and a bicycle (ridden by Plaintiff) on July 25, 2023. On March 13, 2024, Defendant filed this motion to strike Plaintiff's prayer for punitive damages and supporting allegations in paragraphs 12, 20, and 27 in the complaint. Plaintiff filed an untimely opposition on April 8, 2024. Legal Standard Code of Civil Procedure section 435 authorizes a party to file a motion to strike. “Any party, within the time al...

Excerpt: ...ce and premises liability arising from an injury at a construction site on Aug ust 24, 2021, on Melrose Avenue in Los Angeles. On August 31, 2023, Defendant filed its answer. The next day, Defendant filed a cross - complaint against Chip-Rocke Construction, Inc, and Roes 1 through 50 for Equitable Indemnity, Contribution, Express Indemnity, Breach of Contract, and Declaratory Relief. On October 16, 2023, Defendant filed a request for dismissal of...

Excerpt: ...serting a single cause of action for dental malpractice. On November 2, 2023, Defendant filed an answer to the complaint. On November 9, 2023, Defendant served Plaintiff with discovery, including Special Interrogatories (Set One) and Requests for Production (Set One). (Ahdoot Decls., ¶ 4 & Exh. A.) Plaintiff did not respond. (Id. , ¶ 6.) On February 13, 2024, Defendant filed these motions to compel. Defendant also seeks sanctions. No opposition...

Excerpt: ...gligence, stemming from an accident on October 27, 2019. On February 13, 2024, Defendants State of California acting by and through the California Highway Patrol and Alfredo Gutierrez (collectively “Defendants”) filed this motion to bifurcate. No opposition has been filed. On February 28, 2024, the Court on its own motion, continued this hearing to April 10, 2024. Legal Standard “The court, in furtherance of convenience or to avoid prejudic...

Excerpt: ...ugust 11, 2022, the Court dismissed the entire action without prejudice pursuant to Code of Civil Procedure § 581(b)(3), when Plaintiff did not appear for Non- Jury Trial. On August 22, 2023, Plaintiff filed the instant motion seeking to set aside the dismissal pursuant to Code of Civil Procedure § 473(b) and seeking reconsideration of the dismissal pursuant to Code of Civil Procedure § 1008. Legal Standard Under Code of Civil Procedure § 100...

Excerpt: ...ence arising from an automobile ac cident occurring on January 8, 2020, on Benedict Canyon Drive in Beverly Hills. On October 17, 2023, Plaintiff filed a proof of service stating that Defendant Galeas was served by substitute service on his wife at his home on October 13, 2023, followed by mail service on October 17. On November 17, 2023, counsel purporting to represent Defendants Angel and Galeas (specially appearing) filed this motion to quash ...