Excerpt: ... was struck by a vehicle that was being operated by Defendant William Davenport, during the scope of his employment. Defendants Miracle Method of Corpus Christi, Inc., William Alan Davenport, and Eddie Naro (“Defendants”) filed an answer on October 25, 2021. Defendant Miracle Method, Inc. filed an answer on October 27, 2021. On May 22, 2023, the Court granted Defendants' motion to compel Plaintiff to comply with a demand for a physical examin...

Excerpt: ...r vehicle negligence and general negligence against Clifford Thomas Shelton and Chelsey Miller (“Defendants”) and Does 1 through 100. Defendants filed their answer on October 7, 2021. Currently before the Court are two motions. First, on September 8, 2023, Defendants filed a motion to compel Plaintiff to appear for his deposition. Plaintiff filed an opposition on October 4. No reply was filed. Second, on September 20, 2023, Defendants filed a...

Excerpt: ...endants filed an answer that included a general denial but no affirmative defenses. On April 13, 2023, Defendants filed the instant motion to file a First Amended Answer. The proposed amended answer (attached to the moving papers) would, if allowed, add thirteen affirmative defenses alleging (among other things) that Plaintiff failed to state a cause of action, that the accident was caused by Plaintiff's own negligence or the negligence of others...

Excerpt: ...ndant”) and Does 1 through 50, alleging the following a single causes of action for premise liability. On January 27, 2021, Defendant filed his answer. On February 2, 2023, Defendant served Plaintiff with a Supplemental Demand for Production of Documents (Set One). (Petrosyan Decl., ¶ 5 & Exh. A.) Plaintiff never served responses. (Id., ¶ 12.) On June 9, 2023, Defendant filed the instant motion compel Plaintiff to respond to Defendant's Suppl...

Excerpt: ...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 response, the propounding party may move for an order compelling response to the interrogatories. (Id., § 2030.290, subd. (b).) There is no time limit for a motion to compel initial responses, and no meet and confer efforts are required. (See id., § 2030.290; Sinaiko Healthcare Consult...

Excerpt: ...a. On August 16, 2022, Plaintiff filed her complaint against Defendant and Does 1 through 100. On September 27, 2022, Defendant filed its answer. On December 21, 2022, Defendant served Plaintiff with a Request for Statement of Damages. Under Code of Civil Procedure section 425.11, subdivision (b), a response was due within 15 days. (Rios Decl., Exh. 1.) Plaintiff served a Statement of Damages in response but it did not state any amounts; instead,...

Excerpt: ...paid before the date scheduled for the initial case management conference in the action. (Id., § 631(c).) If no case management conference is scheduled in a civil action, the fee shall be due no later than 365 calendar days after the filing of the initial complaint. (Id., § 631(c)(2).) A party waives jury trial by failing to timely pay the fee unless another party on the same side of the case has paid that fee. (Id., § 631(f)(5).) “The court...

Excerpt: ...ther excusable circumstances; (3) unavailability of trial counsel due to death, illness, or other excusable circumstances; (4) substitution of trial counsel required in the interests of justice; (5) addition of a new party or other parties in regard to a new party's involvement hasn't had a reasonable opportunity to conduct discovery and prepare for trial; (6) party's excused inability to obtain essential testimony, documents, or other material e...

Excerpt: ...int (“FAC”) on June 9, 2022, that (a) adds Maplebear, Inc. dba Instacart (“Maplebear”) as a new defendant; (b) asserts the negligence claim against Huang and Does 1 through 10; and (c) adds a new claim for negligent hiring, supervision, and retention against Maplebear and Does 11 through 50. Maplebear filed an answer to the FAC on July 15, 2022. On August 17, 2022, Maplebear filed a notice that Huang had filed a bankruptcy petition and th...

Excerpt: ...ction for motor vehicle and general negligence. The complaint arises from an alleged automobile collision which occurred on October 26, 2019. On September 15, 2023, Defendant Aremy L. Villatoro-Lopez (“Defendant”) filed and served these two unopposed discovery motions seeking orders to compel Plaintiff to respond to Form Interrogatories (Set One) and Special Interrogatories (Set One). Defendant also seeks monetary sanctions. A third discovery...

Excerpt: ...orth a general denial and nine affirmative defenses. On March 4, 2022, the parties filed a stipulation, which the Court granted, to continue the trial date from April 1, 2022 to December 5, 2022. On December 1, 2022, the parties entered into another stipulation, which the Court granted, to continue trial from December 5, 2022 to October 26, 2023. Besides the parties' joint motion to continue trial, there has been no motion practice in this action...

Excerpt: ... Plaintiff on June 1, 2023. To date, Plaintiff has not responded to Defendant's discovery requests. On August 16, 2023, Defendant filed the instant motions to compel response to form interrogatories and requests for production of documents. Defendant also requests monetary sanctions in the amount of $1,260 for each motion. The total requested is $2,520. The motion is made pursuant to Code of Civil Procedure sections 2030.290 and 2030.300. No oppo...

Excerpt: ...cle accident. The complaint asserts causes of action for (1) negligence, (2) negligence per se, and (3) statutory liability. On January 30, 2023, Plaintiff filed these motions to compel discovery responses. Plaintiff now moves for orders compelling Defendant Espinoza to serve full, complete, verified answers, without objections, to (1) Special Interrogatories, Set One, (2) Form Interrogatories, Set One, and (3) Request for Production of Documents...

Excerpt: ... Defendant's reserved Motion for Summary Judgment Hearing on November 6, 2024. In the alternative, Defendant asks that the Court specially set the hearing on their Motion for Summary Judgment to be consistent with the current trial date as per the California Code of Civil Procedure Section 437c(a)(3). Plaintiff opposes the request to set an earlier hearing for the summary judgment motion but does not oppose the request to continue trial. Addition...

Excerpt: ...ia. (Complaint, ¶¶ 1, 6.) Plaintiff Roscelia Pineda (“Plaintiff”) alleges that she was lawfully crossing the street in the crosswalk as a pedestrian when she was struck by the vehicle operated by Defendant Caroline Phillips (“Defendant”). (Ibid.) Plaintiff filed her Complaint on June 1, 2023, asserting a single cause of action for negligence against Defendant and Does 1 through 50. On August 31, 2023, Defendant filed an Answer consistin...

Excerpt: ...ther there a real risk or only a theoretical or potential risk of inconsistent results. The Court may need to continue this hearing and/or request supplemental briefing. Background The underlying action here arises out of the injuries allegedly suffered on March 27, 2019, by Plaintiff Willie Davis (“Plaintiff”). Plaintiff filed a complaint on March 22, 2021, asserting one cause of action for negligence against Defendants Torrance Refining Com...

Excerpt: ...entrustment, arising out of a vehicle accident that occurred on January 11, 2018. Defendant filed an answer on March 16, 2022. On September 11, 2023, Defendant filed a motion to compel plaintiff to appear at deposition. No opposition has been filed. Trial is scheduled for November 3, 2023. Legal Standard “Any party may obtain discovery … by taking in California the oral deposition of any person, including any party to the action.” (Code Civ...

Excerpt: ...wing causes of action: (1) battery; (2) assault; (3) false imprisonment; (4) intrusion of privacy; (5) intentional infliction of emotional distress; (6) negligence; and (7) unlawful eviction. Defendant filed an answer to the FAC on September 29, 2023. The parties were previously married. On April 2, 2019, Defendant filed a petition to have the marriage annulled on the ground of fraud (Los Angeles Superior Court Case No. 19STFL03890). Plaintiff fi...

Excerpt: ...sion (a), for good cause shown, the court may grant leave to take a subsequent deposition, and the parties, with the consent of any deponent who is not a party, may stipulate that a subsequent deposition be taken. (Code Civ. Proc. 2025.610(b).) A party makes a showing of good cause for discovery where such party shows the relevance of the information sought but also that the discovery is material to the issues in the case. (Associated Brewers Dis...

Excerpt: ...Plaintiff Lindsey Esquivel and Sally Ydelbira Tipple (“Plaintiff”) filed a complaint against Defendant Jeanine Rohn (“Defendant”) and Does 1 through 100 alleging causes of action for (1) motor vehicle negligence and (2) general negligence. Defendant filed her answer on September 7, 2022. On May 17, 2023, Defendant filed multiple motions to compel initial responses to discovery. Before the Court at this time are two of those motions: (1) D...

Excerpt: ...uary 16, 2022, Plaintiff filed a first amended complaint against Brown, Black Pyramid, and Does 2-50 for premises liability, negligent infliction of emotional distress, and negligence. On May 23, 2022, Brown and Black Pyramid (“Defendants”) filed an answer. On July 31, 2023, Plaintiff filed a motion to compel third party witness Maria Avila's compliance with Plaintiff's deposition subpoena for production of business records and remaining docu...

Excerpt: ...021, Plaintiff Lindsey Esquivel (“Esquivel”) and Sally Ydelbira Tipple (“Tipple”) filed a complaint against Defendant Jeanine Rohn (“Defendant”) and Does 1 through 100 alleging causes of action for (1) motor vehicle negligence and (2) general negligence. Defendant filed her answer on September 7, 2022. On May 17, 2023, Defendant filed multiple motions to compel initial responses to discovery. Before the Court at this time are three of...

Excerpt: ...on July 28, 2023, Plaintiff filed a First Amended Complaint (the “FAC”). In the FAC, Plaintiff alleges the following causes of action: (1) battery; (2) assault; (3) false imprisonment; (4) intrusion of privacy; (5) intentional infliction of emotional distress; (6) negligence; and (7) unlawful eviction. No answer has been filed, but Defendant has filed at least one motion seeking affirmative relief. The parties were previously married. On Apri...

Excerpt: ...t Defendant Jeanine Rohn (“Defendant”) and Does 1 through 100 alleging causes of action for (1) motor vehicle negligence and (2) general negligence. Defendant filed her answer on September 7, 2022. On May 17, 2023, Defendant filed multiple motions to compel initial responses to discovery. Before the Court at this time are three of those motions: (1) Defendant's motion to compel Plaintiff to provide initial responses to Special Interrogatories...

Excerpt: ...ntly operated their vehicle and collided into Plaintiff's motorcycle at or near the intersection of Pico Boulevard and Veteran Avenue in Los Angeles, California, causing Plaintiff's injuries. On December 14, 2022, based upon the stipulation of the parties, the Court continued the trial date from January 12, 2023, to December 4, 2023. On February 17, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”), adding additional factual...