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Excerpt: ...gainst Albert Gregory Pinto (“Defendant”) and Does 1 through 25. On August 21, 2023, Plaintiff filed this motion to serve by publication or posting. The hearing has been continued several times. Legal Standard Where no law exists for the service of summons in a particular action, the court may direct that summons be served in a manner which is reasonably calculated to give actual notice to the party to be served and that proof of such service...

Excerpt: ...opposition on April 17, 2024. Defendant filed a reply on April 23, 2024. Legal Standard Code Civ. Proc. § 128(a)(8) provides that the court has the power to amend and control its process and orders so as to make them conform to law and justice. “The power to determine when a continuance should be granted is within the discretion of the trial court.” (Color -Vue, Inc. v. Abrams (1996) 44 Cal.App.4th 1599, 1603.) “A trial court has wide lati...

Excerpt: ...and Negligent Hiring, Training, Supervision and/or Retention as to the Hospital Defendants, arising from failure to remove a piece of glass from Plaintiff's hand when she came in for an emergency treat ment on July 31, 2021. On November 8, 2022, Defendant Gill filed an answer to the complaint. On June 7, 2023, Plaintiff filed a request to dismiss the Hospital Defendants. Defendant Fuentes has not answered or otherwise appeared. On February 13, 20...

Excerpt: ...otion of Defendant Mercy Eye Care Medical, Inc., is continued for approximately 14 days. The Court continues the trial date, on its own motion, for good cause, for approximately 30 days. Background On November 17, 2021, Plaintiff Norma Berry (“Plaintiff”) filed the Complaint in this action against Defendants Mercy Eye Care Medical, Inc. (“Mercy”), Miguel Unzueta, M.D. (“Unzueta”), Sandeep Khanna, M.D. (“Khanna”), and Does 1 throug...

Excerpt: ... vehicle negligence arising out of an automobile accident that occurred on October 14, 2021, at or near the intersection of Vermont Avenue and 43rd Street in Los Angeles. Lyft and Bah filed their answers on January 27 and May 1, 2023. On March 15, 2024, Lyft filed this motion for leave to conduct a medical examination of Plaintiff. Lyft filed a declaration of Joshua Prager, M.D., M.S., in support of the motion on April 5. Plaintiff filed an oppos...

Excerpt: ...bility 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 Norguard made workers compensation payments to Plaintiff as a result of the accident. Conair Corporation ...

Excerpt: ...led their answer on March 17, 2023. On April 24, 2023, a stipulation was filed setting aside the default against Defendants. On April 4, 2024, Defendants filed this motion to continue trial. Defendants filed a supplemental declaration in support of their motion on April 23. No opposition has been filed. Legal Standard Code Civ. Proc. § 128(a)(8) provides that the court has the power to amend and control its process and orders so as to make them ...

Excerpt: ... has been filed. Legal Standard Code Civ. Proc. § 128(a)(8) provides that the court has the power to amend and control its process and orders so as to make them conform to law and justice. “The power to determine when a continuance should be granted is within the discretion of the trial court.” (Color -Vue, Inc. v. Abrams (1996) 44 Cal.App.4th 1599, 1603.) “A trial court has wide latitude in the matter of calendar control including the gra...

Excerpt: ...on November 10, 2021. According to the Complaint, Plaintiffs Amnon Mizrahi and Susan Mizrahi (collectively, “Plaintiffs”) were injured when they were struck by their improperly secured vehicle 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”), a...

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: ...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...