Excerpt: ...at a Home Depot store fell and hit him. On June 15, 2022, Plaintiff filed the Complaint in this action asserting a cause of action for negligence against Defendants Home Depot U.S.A., Inc. (“Defendant”) and Does 1 through 10. Defendant filed an answer on August 16, 2022. After some prior efforts, on October 13, 2023, Plaintiff noticed the deposition of the Defendant's person most qualified (“PMQ”) on 8 topics (some with sub -parts) and re...

Excerpt: ...service on Sherman. According to the proof of service, Sherman's registered agent (Rijesh Desai) was served by registered mail, sent to an address on Riverside Drive in Los Angeles. On October 17, 2023, Sherman filed this motion to quash service of summons. No opposition has been filed. LEGAL STANDARD C.C.P. §415.10 provides the requirements of personal service of summons and the complaint as follows: “A summons may be served by personal deliv...

Excerpt: ...23, Defendants served written discovery on Plaintiff. (Lee Decls., ¶2.) On February 13, 2024, Defendants filed motions to compel Plaintiff's responses to Form Interrogatories and Demand for Production of Documents. No opposition has been filed. Legal Standard A party must respond to interrogatories within 30 days after service. (Code Civ. Proc., § 2030.260, subd.(a).) If a party to whom interrogatories are directed does not provide a timely res...

Excerpt: ...Defendants filed a cross -complaint against Eddie Baker and Roes 1 through 10. Defendants filed a request for dismissal of the cross- complaint on January 8, 2024. As it relates to the matter set for hearing on May 3, Defendants noticed the deposition of Plaintiff Eddie Baker for March 8, 2024. (Gonzalez Decl., ¶ 4 & Exh. D.) Plaintiff did not serve any objection. ( Id. , ¶ 4.) Plaintiff did not appear for the noticed deposition. (Id. , ¶ 7 & ...

Excerpt: ...ant”), and Does 1 through 10. Defendant filed an Answer on March 22, 2023. On March 11, 2024, Defendant filed this motion for terminating sanctions. No opposition has been filed. Legal Standard When a party fails to obey a court order compelling further responses to interrogatories or requests for production, “the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating s...

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: ...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: ...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: ...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: ...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: ...action for negligence and premises liability against David Dingwall, Valerie Dingwall, and Doe defendants; a cause of action for products liability against Defendant Echo, Inc. (“Echo”) and Doe defendants; a ca use of action for negligent supervision against all defendants; and a violation of California Labor Code section 2750.5 against David and Valerie Dingwall. By stipulation of the parties, the Court on July 18, 2022, dismissed with preju...

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 ...

Excerpt: ...aintiffs') filed the Complaint in this action on September 14, 2022, followed by a First Amended Complaint and Second Amended Complaint (“SAC”). At the time of the incident, Sebastian was 5 years old and Lincoln was 9. In the SAC, Plaintiffs assert claims against City of South Pasadena (“City”); National Association of Town Watch, Inc. (“Town Watch”); and Does 1 through 100. Plaintiffs include in their SAC four causes of action for st...

Excerpt: ...vard and Westwood Boulevard in Los Angeles. On June 4, 2021, Plaintiff filed a First Amended Complaint (“FAC”), asserting a single cause of action for negligence. Defendant filed an answer to the FAC on June 22, 2021. On four occasions, Plaintiff has noticed the deposition of Defendant's Person Most Qualified (PMQ) on enumerated topics. (Rodriguez Decl., ¶¶ 4-7 & Exhs. A -D.) Most recently, on December 7, 2023, Plaintiff served a deposition...

Excerpt: ...ndant”), and Does 1 through 10. Defendant filed an Answer on March 22, 2023. On March 11, 2024, Defendant filed this motion for terminating sanctions. No opposition has been filed. Legal Standard When a party fails to obey a court order compelling further responses to interrogatories or requests for production, “the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating...

Excerpt: ... physical altercation that took place on October 6, 2018 on Defendant's premises. Defendant filed its answer on December 2, 2021. Plaintiff was initially represented by counsel. On December 19, 2023, Plaintiff filed a substitution of attorney; Plaintiff is now representing herself in pro per. On March 1, 2024, Defendant filed its motion for summary judgment. On March 12, 2024, Defendant filed this motion to continue trial. No opposition has been ...

Excerpt: ...an answer to the complaint. On November 9, 2023, Defendant served Plaintiff with discovery, including Form Interrogatories (Set One). (Ahdoot Decl., ¶ 4 & Exh. A.) Plaintiff did not respond. ( Id. , ¶ 6.) On February 13, 2024, Defendant filed this motion to compel. Defendant also seeks sanctions. No opposition has been filed. Legal Standard A party must respond to interrogatories within 30 days after service. (Code Civ. Proc., § 2030.260, subd...

Excerpt: ...gs. Plaintiff filed an opposition on March 18, 2024. Defendant filed a reply on March 26, 2024. Legal Standard A defendant may move for judgment on the pleadings when the “complaint does not state facts sufficient to constitute a cause of action against that defendant.” (Code Civ. Proc., §438, subds. (b)(1) & (c)(1)(B)(ii).) “A motion for judgment on the pleadings may be made at any time either prior to the trial or at the trial itself.”...

Excerpt: ...iff, on November 5, 2020, while he was performing a safety inspection, he slipped on asbestos dust and debris that had accumulated as a result of the conduct of defendants, fell, and sustained serious injurie s. Defendant filed its answer on September 9, 2022. On January 3, 2023, the Court granted the motion of Plaintiff's counsel's to be relieved. Since then, Plaintiff has been representing himself, in pro per. On March 17, 2023, the Court grant...

Excerpt: ...iff filed this motion for leave to amend complaint to add a cause of action for premises liability and to add Miguel Angel Morales as a defendant. No opposition to this motion has been filed. Legal Standard CCP § 472(a) provides “[a] party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motio...

Excerpt: ... of action for motor vehicle negligence arising out of an accident on December 28, 2018, near the intersec tion of Ventura Boulevard and Sepulveda Boulevard in Sherman Oaks. Defendant filed her answer on March 14, 2022. On May 3, 2022, Defendant served Plaintiff with discovery, including Requests for Production (Set One). (First Castronovo Decl., ¶ 4 & Exh. A.) On July 19, 2022, Plaintiff served objections and unverified responses. (Id., ¶ 6; E...

Excerpt: ...(collectively “Defendants”) filed their answers on August 11 and October 25, 2021. On November 22, 2022, Defendants served a demand for a physical examination of Plaintiff for February 6, 2023. (Reed Decl., ¶ 5.) Plaintiff did not respond to the demand, object, or appear. ( Id. , ¶ 6.) On February 8, 2023, Defendant served a second demand for a physical examination of Plaintiff, this one set for March 23. (Id. , ¶ 7.) Plaintiff timely resp...