Excerpt: ...ued Angelica Bianca Diaz, Luis Rodriguez, and Does 1 through 50. Luis Rodriguez filed a cross-complaint against Diaz, and Diaz filed a cross-complaint against Luis Rodriguez. In the Marinero case, Plaintiffs Luis Felix Marinero, Ana Rodriguez, and Nathaly Rodriguez sued Diaz. On June 23, 2023, Luis Rodriguez filed a motion for determination of good faith settlement. On July 6, 2023, Angelica Bianca Diaz filed an opposition. On July 14, 2023, Rodr...

Excerpt: ...minating] sanctions against anyone engaging in conduct that is a misuse of the discovery process...." CCP section 2023.010 provides that "[m]issues of the discovery process include, but are not limited to, the following:... (d) Failing to respond or to submit to an authorized method of discovery.... (g) Disobeying a court order to provide discovery...." "The trial court may order a terminating sanction for discovery abuse 'after considering the t...

Excerpt: ...“Johnson”). (Id., ¶¶ 1, 13.) Khatami sues Johnson, Defendant NTI-CA, Inc., the alleged owner of the shuttle bus (“NTI”), and Does 1-25 in connection with the first accident. (Id., ¶¶ 4, 6, 11-21, 34-40, 42-50.) In the second accident, on May 24, 2020, Khatami alleges that he was driving a vehicle that collided with a Lexus driven and owned by Defendant Roberta Pauline Jones (“Jones”). (Id., ¶¶ 1, 5, 24.) Khatami sues Jones and D...

Excerpt: ... and severally, within 30 days of this order. Background On July 20, 2020, Plaintiff Stephanie E. Wantuch filed a complaint against Defendant Walmart, Inc. (“Defendant”), for general negligence, stemming from a slip and fall on water outside the bathroom at Walmart on September 25, 2018. On March 28 and April 1, 2022, Plaintiff served Defendant with form interrogatories (set two), special interrogatories (set two), request for production of d...

Excerpt: ...e instant motion to compel Plaintiff to attend a second independent medical examination. On July 5, 2023, Plaintiff filed an opposition. On July 11, 2023, Defendant filed a reply. Legal Standard Code of Civil Procedure (“CCP”) section 2032.220(a) provides: In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satis...

Excerpt: ... for evidentiary sanctions is granted in part as set forth below. Defendant's request for monetary sanctions is GRANTED. The Court orders Plaintiff Israel Alberto Hernandez Saavedra and counsel of record Igor Fradkin to pay sanctions in the amount of $1,185, jointly and severally, within 30 days of this order. Legal Standard Contempt Contempt is any act, in or out of court, “which tends to impede, embarrass or obstruct the court in the discharg...

Excerpt: ... and the stairs being wet. On March 1, 2023, the Court granted Defendant's motion for an undertaking. On April 12, 2023, the Court denied Plaintiff's motion for reconsideration but, on its own motion, set a briefing schedule and further hearing to determine whether the undertaking should be waived based upon Plaintiff's limited financial means. On May 18, 2023, the Court did not grant the waiver, but the ruling was without prejudice to Plaintiff ...

Excerpt: ...laint against Defendant Christian Omar Dada, individually and dba Dada's Trucking, and Bessy Dinora Ramirez Aguilar, alleging a cause of action for motor vehicle negligence, arising out of the same collision that occurred on April 30, 2021. On November 4, 2022, this Court found all these two actions related. On November 30, 2022, Defendant Dada filed the instant motion to consolidate in both cases. No opposition has been filed. Legal Standard “...

Excerpt: ...he propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subd. (b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. S...

Excerpt: ... admitted requests for admission served on Plaintiff. The truth of the matters in the request for admissions, set one, served on Plaintiff were deemed admitted. On June 16, 2023, Defendants filed this motion for judgment on the pleadings. No opposition has been filed. Request for Judicial Notice Defendants seek judicial notice of the following items: (1) Plaintiff's Complaint; (2) The Court order granting Defendant's Motion to Deem Requests for A...

Excerpt: ...o by the plaintiff . . . and one or more alleged tortfeasors or co- obligors . . . .” (Code. Civ. Proc., § 877.6(a)(1).) “A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault....

Excerpt: ...2, 2021, each of the Plaintiffs filed claims with the City of Industry under the Government Claims Act (the “GCA”). (Gutierrez-Robles Decl., Exhs. A & B.) In their claims, Plaintiffs stated that they were struck in an intersection and injured “due to a light malfunction.” (Ibid.) On February 10, 2022, Plaintiffs filed the Complaint in this action against Zarazua, the City of Industry, and other defendants. In the first two causes of actio...

Excerpt: ... collision that occurred on February 2, 2022. On June 16, 2023, Uber filed this motion to compel arbitration and to dismiss or stay. No opposition has been filed. Legal Standard “A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract.” (Code Civ. Proc., § 1281.) “On petition of a party ...

Excerpt: ... June Roberts (“Defendant”) filed her answer on November 16, 2021. On November 22, 2022, Defendant filed a motion to continue trial to a date after the date Defendant had reserved for her motion for summary judgment. The Court granted that motion (over the opposition of Plaintiff) on December 21, 2022. On November 23, 2022, Plaintiff filed a motion to compel Defendant's deposition. Defendant filed an opposition in which her attorney asserted ...

Excerpt: ... to Continue Trial, filed with the Court on January 26, 2023. The requests are granted pursuant to Evidence Code section 452(d). Legal Standard Trial dates are firm to ensure prompt disposition of civil cases. (Cal. Rules of Court, rule 3.1332, subd. (a).) Continuances are thus generally disfavored. (See id., rule 3.1332, subd. (b).) Nevertheless, the trial court has discretion to continue trial dates. (Hernandez v. Superior Court (2004) 115 Cal....

Excerpt: ... the requests for admission that is in substantial compliance with Code of Civil Procedure section 2033.220). Plaintiff's request for sanctions is GRANTED in part. Defendant's law firm Martinez, Dieterich & Zarcone Legal Group is ordered to pay monetary sanctions in the amount of $1,230 within 30 days of this order. Background On February 22, 2022, Plaintiff Cosme Daniel Arriaga-Morales filed a complaint against Defendant Raniro Aguilera-Adame al...

Excerpt: ...trial dates. (Hernandez v. Superior Court (2004) 115 Cal.App.4th 1242, 1246.) Each request for continuance must be considered on its own merits and is granted upon an affirmative showing of good cause. (Cal. Rules of Court, rule 3.1332, subd. (c); Hernandez, supra, 115 Cal.App.4th at p. 1246.) Circumstances that may indicate good cause include: (1) the unavailability of an essential lay or expert witness due to death, illness, or other excusable ...

Excerpt: ... Legal Standard Trial dates are firm to ensure prompt disposition of civil cases. (Cal. Rules of Court, rule 3.1332, subd. (a).) Continuances are thus generally disfavored. (See id., rule 3.1332, subd. (b).) Nevertheless, the trial court has discretion to continue trial dates. (Hernandez v. Superior Court (2004) 115 Cal.App.4th 1242, 1246.) Each request for continuance must be considered on its own merits and is granted upon an affirmative showin...

Excerpt: ...NTED. The Court orders Plaintiff Israel Alberto Hernandez Saavedra and counsel of record Igor Fradkin to pay sanctions in the amount of $1,185, jointly and severally, within 30 days of this order. Legal Standard Contempt Contempt is any act, in or out of court, “which tends to impede, embarrass or obstruct the court in the discharge of its duties.” (In re Shortridge (1893) 99 Cal. 526, 532.) Particular acts constituting contempt are enumerate...

Excerpt: ...ion of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial. (Id., Rule 3.1332(c).) Other relevant considerations may include: “(1) The proximity of the t...

Excerpt: ...and general negligence against Defendants. On March 25, 2022, the Court granted the motion of Plaintiff's counsel to be relieved as counsel. The Order prepared by Plaintiff's counsel and signed by the Court identified Plaintiff's current address as “605 Fishburn Avenue” in Huntington Park, California. The proof of service of the Order filed by Plaintiff's counsel listed a slightly different address: “6058 Fishburn Avenue” in Huntington Pa...

Excerpt: ..., or excusable neglect. Application for this relief … shall be made within a reasonable time, in no case exceeding six months, after the … dismissal … was taken.” (CCP section 473(b).) The mandatory prong states: “The court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence,...

Excerpt: ...lson v. Anderson (1999) 72 Cal.App.4th 111, 128-129 (citations and internal quotations omitted); Code of Civ. Proc. § 1032, subd. (b). The term “prevailing party” for costs purposes is defined by statute to include a) the party with a net monetary recovery; b) a defendant who is dismissed from the action; c) defendant where neither plaintiff nor defendant recovers anything; and d) a defendant as against those plaintiffs who do not recover an...

Excerpt: ... sought, or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms and conditions as the court may specify. (See Code Civ. Proc. § 1987.1; Southern Pac. Co. v. Superior Court (1940) 15 Cal.2d 206.) The court can make an order quashing or modifying a subpoena as necessary to protect a person from “unr...

Excerpt: ...n objection under Code of Civil Procedure (“CCP”) section 2025.410. If such an objection is made within three calendar days before the deposition date, the objecting party must make personal service of that objection. (Code Civ. Proc. 2025.410, subd. (b).) CCP section¿2025.450(a) provides:¿“If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appea...