Excerpt: ...nt adding Ryde, Inc. as Doe 1. On January 26, 2024, Defendant Ryde Inc., (“Defendant”) filed its motion for summary judgment. On February 8, 2024, Defendant filed a motion to continue trial or in the alternative to advance the hearing for summary judgment. Plaintiff filed his opposition on February 26, 2024. Defendant filed a reply on March 1, 2024. Legal Standard Code Civ. Proc. § 128(a)(8) provides that the court has the power to amend and...

Excerpt: ...Plaintiff 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. 22CHC...

Excerpt: ...n Plaintiff on February 15, 2019. On February 21, 2023, Plaintiff's counsel Downtown L.A. Law Group was disqualified from representing Plaintiff in this matter. Joseph Farzam Law Firm was substituted in as attorney on December 6, 2023. On May 5, 2023, Defendant filed this motion to compel the deposition of Plaintiff and request for sanctions. Plaintiff's counsel filed a declaration in opposition on February 26, 2024. Defendant filed a reply on Ma...

Excerpt: ...an Exteriors Inc., and Roes 1 through 30 for (1) Equitable Indemnification, (2) Comparative Contribution, Partial Indemnification, (3) Apportionment of Fault, and (4) Declarator y Relief. On August 16, 2022, Plaintiff filed an amendment to complaint adding Ocean Exteriors, Inc. (“Defendant”) as Doe 1. On October 11, 2022, Defendant filed a cross-complaint against Daniel Moreno for (1) Equitable Indemnity, (2) Contribution, (3) Declaratory Rel...

Excerpt: ...es, Inc., Staff Pro, and Does 1 through 100 for Negligence and Premises Liability causes of action arising from an injury incurred from a crowd surfer on March 15, 2022. On April 3, 2023, Plaintiff filed an amendment to complaint adding Goldenvoice LLC as Doe 2. On May 4, 2023, Goldenvoice LLC filed its cross -complaint against Staff Pro, Inc dba Allied Universal Event Services for (1) Comparative Indemnity and Apportionment of Fault, (2) Total E...

Excerpt: ...n March 5, 2021. On August 4 2022, Plaintiff filed an amendment to complaint naming Yard House USA, Inc. as Doe 1. On August 5, 2022, Plaintiff filed First Amended Complaint adding Reginald Stiles as a plaintiff, and bringing the action only against Yard House USA, Inc. (“Defendant”) and Does 2 to 50. On December 13, 2023, Defendant filed its motion for summary judgment. On February 7, 2024, Defendant filed a motion to continue trial. Plainti...

Excerpt: ...nded Complaint (the “FAC”) on September 1, 2021. In the FAC, Plaintiffs assert a variety of causes of action against Jones and numerous other defendants. On November 23, 2023, three of the Defendants – Brian Williams, Ronald Williams, and Cash Money Records, Inc. (the “Settling Defendants”) – reached a settlement agreement. On January 10, 2024, the Settling Defendants filed a motion for a determination of good faith settlement. That m...

Excerpt: ...chair for the exiting from her flight on September 21, 2020. On February 13, 2024, Plaintiff and Defendant (collectively “the Parties”) jointly filed this motion to continue. 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 tri...

Excerpt: ...ty from a slip and fall occurring on November 3, 2020. On February 5, 2024, Defendant filed this motion for terminating sanctions, and monetary sanctions. Plaintiff filed her opposition on February 23, 2024. Defendant filed its reply on February 29, 2024. Legal Standard When a party “fails to obey an order compelling further response to interrogatories, the court may make those orders that are just, including the imposition of an issue sanction...

Excerpt: ...ce and General Negligence arising from an automobile accident on October 8, 2019. February 7, 2024, Defendant filed this motion to bifurcate. Plaintiffs filed their opposition on February 22, 2024. Defendant filed a reply on February 26, 2024. Legal Standard “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action … o...

Excerpt: .... On September 13, 2023, the motion came on for hearing. The Court granted the motion in part, continuing the trial date because of the serious health iss ues of Plaintiff's counsel and also extending the expert discovery deadlines. The Court denied Plaintiff's request to extend the deadlines for fact discovery, however, reasoning that case had been at issue for approximately two years and “Plaintiff has had plenty of time to conduct discovery....

Excerpt: ...tion of Defendant Brandon Cabot Clause (“Defendant”) for April 28, 2023. (Liberatore Decl., ¶ 6.) Defendant objected to the date, and the deposition was taken off calendar, but not alternative dates wer e provided. (Id. , ¶¶ 6 -8.) On September 1, 2023, Plaintiff served a second notice of deposition of Defendant for October 5, 2023. ( Id., ¶ 9.) Defendant objected again; Defendant again stated that alternative dates would be provided but ...

Excerpt: ...aintiff”) filed the Complaint in this action against Defendants 25 Art, L.P., Frederick Leeds, David Oved, and Does 1 through 50, asserting causes of action for negligence and premises liability. Plaintiff alleges that he was seriously injured when he fell down a flight of stairs on a fire escape attached to a building on South Hobart Boulevard in Los Angeles, California, that is owned, operated, managed, or controlled by defendants. On March 2...

Excerpt: ... front passenger seat of the moto r vehicle owned and driven by Defendant when Defendant suddenly and without warning, negligently veered right, off US -395, across the asphalt shoulder, down an embankment, striking a metal fence. On October 12, 2023, Defendant served Plaintiff with a notice of deposition, setting her deposition for October 23, 2023. (Mendoza Decl., ¶ 3 & Exh. A.) On October 17, Defendant advised that the deposition needed to be...

Excerpt: ...s ACCO Engineered Systems, Inc, Jon Eric Sohegian (collectively, “Defendants”), and Does 1 through 20, asserting causes of action for motor vehicle negligen ce and general negligence. On December 20, 2022, Defendants filed their answer. On October 27, 2023, Plaintiff served discovery on Defendants, including Form Interrogatories (Set One) to each Defendant; Requests for Production (Set One) to each Defendant; and Requests for Admission (Sets ...

Excerpt: ...d 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 November 9, 2022, the Court signed an order, based upon the stipulation of the parties, continuing trial from December 2, 2022 to April 10, 2023. On February 24, 2023, the Court signed an order, based upon the stipulation of the parties, continuing trial to January 2, 202...

Excerpt: ...filed the complaint in this matter against Defendants Yongun Park (“Defendant”) and Does 1 through 50, asserting causes of action for general negligence and motor vehicle negligence. On May 24, 2023, Defendant filed an answer. On that same day (May 24), Defendant served Plaintiff with discovery requests, including Form Interrogatories (Set One) and Requests for Production (Set One). (Daryanavard Decls., ¶ 4 & Exhs. 1.) Plaintiff never served...

Excerpt: ..., and Survival Action On February 1, 2024, Plaintiff filed this motion to reopen discovery. Defendant First Southern Baptist Church of Sylmar (“Defendant”) filed its opposition on February 14, 2024. Plaintiff filed her reply on February 20, 2024. LEGAL STANDARD “On motion of any party, the court may grant leave to complete discovery proceedings, or to have a motion concerning discovery heard, closer to the initial trial date, or to reopen d...

Excerpt: ...n May 1, 2023, Defendant Dignity Community Care dba Northridge Hospital Medical Center (erroneously sued as Northridge Hospital Medical Center and Dignity Health) (“Defendant”) filed its answer. On January 29, 2024, Defendant filed its motion for summary judgment. The hearing is set for January 27, 2025. On January 30, 2024, Defendant filed this motion to continue trial or, in the alternative, to advance the date on the summary judgment motio...

Excerpt: ... out of a motor vehicle accident on December 15, 2019, near the intersection of Burbank Boulevard and Hayvenhurst Avenue in Los Angeles. On November 24, 2021, Plaintiffs Raul Perez, Miguel Perez, and Patricio Morales (collectively “Plaintiffs') filed the Complaint in this action asserting causes of action for motor vehicle negligence and general negligence against Postal Delivery Systems, L LC (“Postal Delivery”), Thomas Garro (“Garro”)...

Excerpt: ...Angeles Unified School District (“LAUSD” or “Defendant”): (1) premises liability and (2) violation of Government Code Section 835: liability for injury caused by a dangerous condition of its property. On February 1, 2024, Defendant filed this motion to bifurcate. Plaintiff filed his opposition on February 13, 2024. Defendants filed its reply on February 20, 2024. Legal Standard “The court, in furtherance of convenience or to avoid preju...

Excerpt: ...eral negligence, and loss of consortium against Defendant Ampac Logistics LLC and Does 1 to 100. On November 1, 2021, Plaintiffs amended the complaint to name Rush Truck Leasing, Inc. (“Rush”) as Doe 1 and Ampak Logistics Inc. as Doe 2. On December 17, 2021, Plaintiff amended the complaint to name 3Power Logistics Management (“3Power”) as Doe 3. On January 5, 2022, Rush filed its answer and a cross-complaint against Ampak Logistics, Inc. ...

Excerpt: ...on February 3, 2022. The parties exchanged expert witness information on December 5, 2023. Defendant disclosed one retained expert witness, SangDo Park. M.D. (Nalbandyan Decl., Exh. B.) Defendant described the substance of Dr. Park's anticipated testimony to include (in part) “an opinion as to the course of treatment prescribed for the Plaintiff and the reasonableness and necessity of each treatment.” (Ibid.) Plaintiff disclosed three retaine...

Excerpt: ...ff alleged sustained on October 6, 2021. On October 19, 2022, Defendant Alpha Beta Company dba Food 4 Less (erroneously sued as Food 4 Less of California Inc., dba Food 4 Less) (“Defendant”) filed its answer. On that same day, Defendant served Plaintiff with Form Interrogatories (Set One.) (Breitburg Decl., Exh. A.) On June 16, 2023, the Court granted the motion of Plaintiff's attorney of record to be relieved as counsel. Plaintiff did not re...

Excerpt: ...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 Biana Diaz (“Diaz”) and Does 1 through 25. Diaz filed her answer on August 20, 2021. In Case No. 21STCV24492 (the “Smith Action”), Plaintiff Lloyd Smith filed a complaint on July 1, 2021, asserting a cause of action for negligence against Defendants Diaz, Luis Rodriguez, and Do...

Excerpt: ...hnston and Greg Johnston (“Plaintiffs”) filed the Complaint in this action against Defendant City of Los Angeles (“Defendant”) and Does 1 through 50, alleging causes of action for a dangerous condition of government property under Government Code section 835 and for loss of consortium. Plaintiffs verified their complaint. On December 6, 2023, Defendant filed its Answer to the Complaint. The Answer contains a general denial and affirmative...

Excerpt: ...vember 13, 2023, Defendants Federal Express Corporation and Toananton Manh Nguyen (collectively “Defendants”) filed this motion to bifurcate. Plaintiff filed her opposition on February 7, 2024. Defendants filed their reply on February 15, 2024. Legal Standard “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action ...

Excerpt: ...net Baker (“Plaintiff”) filed the Complaint in this action against Defendants City of Culver City (“City”), Michael English (“English”), and Does 1 through 25 asserting one cause of action for motor vehicle negligence. On December 16, 2021, Defendants City and English (collectively, “Defendants”) filed their Answer to the Complaint. Currently before the Court are two motions to compel depositions. Plaintiff initially noticed the d...

Excerpt: ...t Code § 815.2, (3) Breach of Mandatory Duty under Government Code § 815.6, (4) Dangerous Condition of Public Property, and (5) Negligence, arising from an alleged sexual assault and battery occurring on April 28, 2022. On January 16, 2024, Defendant Los Angeles Unified School District (“Defendant”) filed its motion for summary judgment. On January 26, 2024, Defendant filed this motion to continue trial. No opposition has been filed. Legal ...

Excerpt: ...e Porter, and Does 1 through 50, asserting a cause of action for negligence/negligence per se. On September 15, Defendant Gustavo Aldana Lopez (erroneously sued as Gustavo Adolfo Aldana) (“Aldana”) filed an answer to the complaint. On October 2, Defendants Dwayne Porter (“Porter”) and Eleather Fay Rhinehart (“Rhinehart”) filed an answer to the complaint and a cross-complaint for indemnity against Lyft, Inc., Aldana, and Roes 1 through...

Excerpt: ..., Johnson Electric, Kenneth Johnson, TGNPM, and Does 1 to 100, asserting causes of action or premis es liability and general negligence. Defendants Brian R. Stalker and Elizabeth H. Stalker (collectively, the “Stalkers”) filed their answer on September 15, 2023. On October 6, 2023, Defendant Johnson Electric and Kenneth Johnson (collectively, the “Johnson Defendants”) filed a motion to strike certain allegations in the complaint. On Novem...

Excerpt: ...egligence, (2) Negligence Per Se, (3) Negligent Entrustment of Vehicle, and (4) Motor Vehicle Owner Liability – Permissive Use. Defendants Roya Ashtiani and Alex Ashtiani (collectively “Defendants”) filed their answer on April 1, 2022. On July 17, 2023, Defendants served Plaintiff with Supplemental Demand for Production and Supplemental Interrogatory. (Caudill Decls., ¶ 3 & Exhs. A.) Plaintiff did not respond. (Id. , ¶ 5.) On December 11,...

Excerpt: ...om January 30, 2023, to September 11, 2023. On August 11, 2023, on Plaintiff's ex parte application, the Court continued the trial date to March 13, 2024. On January 26, 2024, Plaintiff filed an ex parte application to continue trial for 60 days. On January 29, the Court denied the request for relief on an ex parte basis, granted the alternative request to hear the motion on shortened time, and set the heari ng for February 16. On February 5, Def...

Excerpt: ...Ornelaz; Rachel Ornelaz; and Robert Ornelaz (collectivel y, the “Ornelaz Plaintiffs”) filed the complaint asserting causes of action for negligence, negligence-common carrier, negligent entrustment, negligent hiring, supervision, or retention, and loss of consortium against Defendants Amadeus F. Segura, Isabel S egura, Luis Segura Trucking, Inc., Segura Logistics Inc, Torlak Segura Transportation, Inc, and Does 1 through 20. On October 26, 20...

Excerpt: ...ff”) filed a complaint against Defendants CJ Logistics USA Corporation, Won Keun Park, and Does 1 to 10, asserting causes of action for motor vehicle negligence and general negligence. On January 5, 2023 , Defendants CJ Logistics America, LLC (erroneously sued as CJ Logistics USA Corporation) and Won Keun Park (collectively, “Defendants”) filed their answer. On January 13, 2023, Defendants served Plaintiff with discovery, including Special ...

Excerpt: ...1 through 50, asserting causes of action for general negligence and premises liability. On August 10, 2022, Defendant Albertsons LLC (erroneously sued as Albertsons Safeway, LLC and as Albertson's LLC) (“Defendant”) filed its Answer to the Complaint. On December 27, 2023, Defendant filed this motion for leave to file a cross -complaint for indemnity against Source Refrigeration and HVAC, Inc., Coolsys, Inc., and Roes 1 through 10. No oppositi...

Excerpt: ...for assault, battery, and intentional infliction of emotional distress against Does 1 through 50; and asserts against all defendants causes of action for negligence, negligent hiring, supervision, and retention, premises liability, and false imprisonment. Defendants Potions & Poisons, Inc., Solomon Kim, and Sara H. Kim filed their Answer on January 26, 2023. On March 20, 2023, Plaintiff amended his complaint to name Joshua Marcus Wilson as Doe 1....

Excerpt: ...ndez (“Plaintiff”) was a passenger in the vehicle driven by Defendant Hernandez, her daughter, and sustained significant injuries in the accident. On May 24, 2022, Plaintiff filed a complaint against Defendant El Sekaly, Defendant Hernandez, Rebecca Pedroza Steele, and DOES 1 through 100, inclusive, asserting causes of action for (1) motor vehicle negligence and (2) general negligence. On June 29, 2022, Defendants El Sekaly and Steele filed a...

Excerpt: ...6 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. 22STCV29848 against Friedman, Wildstein, and Does 1 to 50 asserting caus...

Excerpt: ...��) filed a complaint against Defendants CJ Logistics USA Corporation, Won Keun Park, and Does 1 to 10, asserting causes of action for motor vehicle negligence and general negligence. On January 5, 2023 , Defendants CJ Logistics America, LLC (erroneously sued as CJ Logistics USA Corporation) and Won Keun Park (collectively, “Defendants”) filed their answer. On January 13, 2023, Defendants served Plaintiff with discovery, including Form Interr...

Excerpt: ...ly, “Plaintiffs”) filed a complaint against Defendants Hasina Saleh (“Defendant”) and Does 1 through 25 asserting causes of action for general negligence and motor vehicle negligence. Defendant filed an answer on March 1, 2023. On May 17, 2023, the Court granted the motion of Plaintiffs' attorney to be relieved as counsel. As set forth in the minute order, the order granting the motion was to be “effective upon filing proof of the signe...

Excerpt: ...vehicle. (Id.) Plaintiff subsequently filed suit on November 4, 2021. Defendants Classic Distributing and Beverage Group, Inc., and Michael Wayne Smith (collectively “Defendants”) filed a Motion to Continue Trial on January 3, 2024. 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 conform to law and justice. “The pow...

Excerpt: ...nd On October 12, 2022, Plaintiff Kelli Lee Miller (“Plaintiff”) filed her complaint against Defendants Jong Suk Choi, Nam Joong Yoon, and Does 1 to 20, for general negligence and motor vehicle negligence causes of action arising from an automobile accident o ccurring on October 18, 2020. Defendant Yoon filed an answer in November 2022, and Defendant Choi filed an answer in December 2022. On January 31, 2023, Plaintiff served Defendant Choi (...

Excerpt: ... August 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 to set aside the dismissal pursuant to Code of Civil Procedure § 473(b) and seeks reconsideration of the dismissal pursuant to Code of Civil Procedure § 1008. Legal Standard Under Code of Civil Procedure § 1008 (a), �...

Excerpt: ...nt Ruben Petrosyan filed his answer. On June 27, 2022, the Court approved a stipulation submitted by the parties granting leave to Plaintiff to file a First Amended Complaint (the “FAC”). According to the stipulation, among other things, Defendant Ruben Petrosyan had died a “few months ago.” Plaintiffs filed the FAC on May 10, 2023. In the FAC, Plaintiffs name as defendants JR Johnnys Limo Services, Inc. (“JR”) and Does 1 through 10. ...

Excerpt: ...quently related to and consolidated with this action), Plaintiff Jung Ok Shin filed a complaint against Defendants Gianni Garafano Williams and Tesla Service Buena Park alleging the same causes of action for motor vehicle and general negligence, stemming from the same accident that occurred on September 7, 2021. On September 19, 2022, in case number 22STCV30506 (subsequently related to and consolidated with this action), Plaintiff Choon Kang file...

Excerpt: ... against Defendants Shippers Transport Express, Jose Cruz, and DOES 1-50, for negligence/negligence per se cause of action. On July 25, 2022, Defendants Shippers Transport Express, Inc. and Jose Cruz (collectively, “Defendants”) filed their Answer to the Complaint. On May 31, 2023, Defendants served Plaintiff with a demand for inspection of a vehicle. (Warren Decl., ¶ 4 & Exh. A.) Plaintiff did not serve a response to the discovery. (Id., ¶...

Excerpt: ...tember 13, 2021, asserting motor vehicle negligence and general negligence causes of action against Defendant Mina George Baskharon (“Defendant”), and Does 1 through 10. Defendant filed an Answer on March 22, 2023. On March 22, 2023, Defendant served Plaintiff with Form Interrogatories, Special Interrogatories, and Demands for Production of Documents . (Yerzinkyan Decls., ¶ 2.) Plaintiff did not respond. On August 1, 2023, Defendant filed th...

Excerpt: ...), Elizabeth Amezquita, Joseph Flores, and Does 1 through 50, asserting causes of action for motor vehicle negligence and general negligence. On December 2, 2022, Jackson filed his Answer. On December 27, 2022, Lyft filed its Answer. In its Fifteenth Affirmative Defense, Lyft alleges there was a binding arbitration agreement between Plaintiffs and Lyft that governs the claims asserted in this case. (Answer, ¶ 15.) On December 5, 2023, Lyft filed...

Excerpt: ...April 23, 2019. On January 4, 2024, Defendant Target Corporation filed its motion for summary judgment. On January 10, 2024, Defendant Target Corporation. (“Defendant”), filed its motion to continue trial, or in the alternative, advance the hearing on motion for summary judgment. 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 ...

Excerpt: ...g nail on the floor in her home. Plaintiff alleges that the dangerous condition that caused her injury was the result of (among other things) negligent work in her home performed by defendants. On April 7, 2022, Plaintiff filed the Complaint in this action asserting causes of action for negligence and negligent hiring, supervision, and retention against Defendants P.W. Stephens Environmental, Inc. (“PWSE”), Mike Jabbour (“Jabbour”), and D...

Excerpt: ...nst Defendant Byung Woo Kang, individually and dba Sunset Plaza Liquors (“Defendant”), and Does 1 through 10. Defendant filed an Answer on May 1, 2023. On May 4, 2023, Plaintiff filed a substitution of attorney form. Plaintiff's former counsel substituted out of the case, and Plaintiff is now self-represented. On July 25, 2023, Defendant served Plaintiff with Requests for Admission (Set One). (Cohen Decl., ¶ 9 & Exh. 1.) Plaintiff was served...

Excerpt: ...1, asserting causes of action for motor vehicle negligence and general negligence against Defendant Mina George Baskharon (“Defendant”), and Does 1 through 10. Defendant filed an Answer on March 22, 2023. On November 30, 2023, Defendant served Plaintiff with Requests for Admissions (Set One). (Mittskus Decl., ¶ 2 & Exh A.) Plaintiff did not respond. (Id., ¶ 3.) On January 11, 2024, Defendant filed this motion for an order deeming admitted a...

Excerpt: .... filed its motion for summary judgment. On January 11, 2024, Defendant Sephora USA, Inc. (“Defendant”), filed its motion to continue trial. 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 conform to law and justice. “The power to determine when a continuance should be granted is within the discretion of the trial c...

Excerpt: ...fendants Specialty Healthcare Properties, L.L.C. (“Specialty”), Cedars-Sinai Medical Center (“CSMC”), and Does 11 through 50 when Defendant Nune Badalyan (“Badalyan”) drove her vehicle over Plaintiff Soto's foot, causing her severe injuries. On September 29, 2021, Plaintiffs filed the Complaint in this action, asserting five causes of action: (1) Plaintiff Soto asserts a motor vehicle negligence claim against Badalyan and Does 1 throu...

Excerpt: ...o opposition has been filed. Legal Standard “Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof.” (Code Civ. Proc. § 435(b)(1).) A court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading.” (Code Civ. Proc. § 436(a).) A court may “[s]trike out all or any part of any pleading not drawn or filed in conformity with the...

Excerpt: ...n October 4, 2022, the Court granted Plaintiffs' request to correct the complaint to name City of Vernon as a defendant in place of City of Los Angeles. But on April 19, 2023, Plaintiffs brought City of Los Angeles back into the case, naming the City of Los Angeles as Doe 2. On October 5, 2023, Plaintiffs filed a proof of service showing personal service of the summons and complaint on an authorized agent of City of Los Angeles in June 2023. Also...

Excerpt: ...n the 405 Freeway. Defendant filed his Answer to the Complaint on April 20, 2022. On July 12, 2023, Defendant served a demand for a physical examination of Plaintiff' on August 22, 2023. (Young Decl., ¶ 3 & Exh. A.) Plaintiff did not appear. (Id., ¶ 3.) On August 31, 2023, Defendant served an amended demand for a physical examination on October 5, 2023. (Id., ¶ 3 & Exh. D.) On October 4, 2023, the examining doctor alerted defense counsel of th...

Excerpt: .... Johnson, and Does 1 to 20, alleging three causes of action for: (1) General Negligence and (2) Motor Vehicle Negligence. Trial is currently set for March 29, 2024. On December 15, 2023, Defendants Container Freight Transportation, LLC and Andre L. Johnson ( “Defendants) filed a motion for summary adjudication. The hearing is scheduled for July 29, 2024. On January 3, 2024, Defendants filed this motion to specially set the hearing for the moti...

Excerpt: ...o amend. Background Plaintiff Cailo Alburo (“Plaintiff”), a minor, alleges that he was injured on November 10, 2022, when a high school physics class experiment at the Edward R. Roybal Learning Center went awry, resulting in an explosion that caused severe injuries to Plaintiff. Plaintiff, by and through his Guardian ad litem Dolores Alburo, filed the Complaint in this action on April 28, 2023, and a First Amended Complaint on July 14, 2023. ...

Excerpt: ...0 for subrogation recovery. Defendant Isaias Ortega (“Defendant”) filed his answer on June 24, 2022. On February 16, 2023, Plaintiff served by mail Form Interrogatories (Set One) on Defendant Isaias Ortega (“Defendant”). Plaintiff has yet to receive responses. On December 20, 2023, Plaintiff filed the Motion to Compel Responses to Form Interrogatories (Set 1) served on Defendant. No opposition has been filed. Legal Standard A party must r...

Excerpt: ...ovember 10, 2022, Defendant Best Buy Stores, L.P., erroneously sued as Best Buy Co., Inc., (“Defendant”) served Plaintiff with Form Interrogatories, Special Interrogatories, and Request for Production of Documents. On March 20, 2023, Defendant filed the Motion to Compel Plaintiff's Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents. No opposition has been filed. Legal Standard A party must resp...

Excerpt: ...e Trial. On January 18, 2024, Defendants DAMCO Distribution Services, Inc. and Victor Flores (collectively “Defendants”) filed a conditional joinder or in the alternative opposition to Plaintiff's motion. 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 wi...

Excerpt: ... 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 granting or denying of con...

Excerpt: ...f, by and through her guardian ad litem, filed the Complaint in this action against Defendants County of Los Angeles – Fire Department; State of California – Highway Patrol; McCormick Ambulance; and Does 1 through 20. In the Complaint, Plaintiff asserts one cause of action for gross professional negligence arising out of (among other things) Defendants' alleged failure to treat Plaintiff properly at the scene of the accident. On August 23, 20...

Excerpt: ... Does 1 to 100. On September 14, 2023, default was entered against Defendant City of Los Angeles (“Defendant”). On January 5, 2024, Defendant filed this motion to set aside the default. No opposition has been filed. Legal Standard “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadver...

Excerpt: ...ff”) filed the Complaint in this action, which arises out of an alleged motor vehicle accident on September 12, 2021. In the Complaint, Plaintiff asserts one cause of action for negligence against Defendants Los Angeles County Metropolitan Transportation Authority (“MTA”), Dejanae Zelaya (“Zelaya”), and Does 1 through 50. MTA filed its Answer to the Complaint on April 4, 2022. Zelaya filed her Answer to the Complaint on December 12, 202...

Excerpt: ...and 24, 2023, the Court granted Defendant Truman Shackelford (“Defendant”) motion to compel Plaintiff's responses to Form Interrogatories, Special Interrogatories, and Requests for Production of Document. Plaintiff was also ordered to pay sanctions in the total amount of $2,092.50. On December 20, 2023, Defendant filed this Motion for Terminating Sanctions. No opposition has been filed. Legal Standard “To the extent authorized by the chapte...

Excerpt: ... Steuben Foods, Inc., and SIG Combibloc, Inc. Background Plaintiff Jonathan Weir (“Plaintiff”) alleges that on October 16, 2019, he suffered severe injuries after he swallowed a foreign object in a protein shake. Plaintiff filed the Complaint in this action on July 15, 2020, asserting causes of action for negligence and products liability against Iovate Health Sciences U.S.A. Inc. (“Iovate”), Rite Aid Corporation (“Rite Aid”), and Doe...

Excerpt: ... Negligence, (3) Property Damage, (4) Intentional Infliction of Emotional Damage, and (5) Negligent Infliction of Emotional Damage. On August 21, 2023, Plaintiff filed this motion to serve by publication or posting. Legal Standard “A summons may be served by publication if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in another ma...

Excerpt: ..., the Court has questions for counsel: First, the affidavit of J.D. Gray states that the the second judgment or appealable order (based on section 998) was for $683,945 in prejudgment interest and $81,789.75 in expert witness fees. (Gray Aff., ¶ 5.) An exhibit to the affidavit, however, states that the judgment or appealable order was for $849,146.58 in costs and $683,945.56 in prejudgment interest. (Id., Exh. C.) Which is correct? Second, Infin...

Excerpt: ...6, 2020, the Court entered the default of Obeng and Miko. On February 16, 2021, the Court, at the request of Plaintiff, dismissed all claims against Beverly Hills Wellness Surgical Institute, Lotus Surgery Center, Inc., and Does 1 through 50, without prejudice. Despite the entry of default, Obeng and Miko filed their Answer to the Complaint on November 3, 2021. On that same day, Obeng and Miko also filed a Cross-Complaint against Kaiser Permanent...

Excerpt: ... Tentative The Court CONTINUES Plaintiff's motions to compel further responses to requests for admission and to form interrogatories for approximately 90 days so that the parties may complete an IDC. The Court DENIES Defendant's motions to compel initial responses to requests for production and special interrogatories. Background On July 2, 2021, Plaintiff Bradley Dodds (“Plaintiff”) filed the Complaint in this action asserting one cause of a...

Excerpt: ...uez (“Plaintiff”) alleges that on August 27, 2019, he was seriously injured when he fell to the floor of a bus near the intersection of West Carson Street and the 110 Freeway in Carson. On March 10, 2020, Plaintiff filed the Complaint in this action against Defendants Los Angeles County Metropolitan Transportation Authority (“MTA”), Doe Bus Driver, and Does 1 through 100. In the Complaint, Plaintiff asserts causes of action for negligence...

Excerpt: ...D as unnecessary. Background On October 31, 2019, Plaintiff Jhovany Steve Argueta (“Plaintiff”) filed a complaint against Los Angeles Dodgers, LLC (“Defendant”) and a number of other entities and individuals asserting causes of action for negligence, premises liability, and negligent infliction of emotion distress arising out of an alleged slip and fall incident at Dodger Stadium on November 1, 2017. Defendant filed its Answer on February...

Excerpt: ...Complaint in this action asserting causes of action for negligence and premises liability against Defendants The Vons Companies, Inc. (“Vons”), Safeway Inc. (“Safeway”), Ennis-Flint, Inc. (“Ennis-Flint”), Dawn Doe, and Does 1 through 50. On August 30, 2022, Vons filed its Answer to the Complaint and a Cross-Complaint for declaratory relief and equitable indemnity against Ennis-Flint, Caliber Paving Company, Inc. (“Caliber”), and R...

Excerpt: ... a single cause of action for negligence arising from a two-vehicle accident in November 2020. On December 21, 2023, Defendant Hertz Global Holdings, Inc. (“Defendant”) filed the instant motion to continue trial or, alternatively, to advance its motion for summary judgment (“MSJ”). Trial is currently scheduled for March 29, 2024. Defendant's MSJ is currently scheduled for January 15, 2025. No opposition has been filed by the other parties...

Excerpt: ...21, at premises located on Wilshire Boulevard in Los Angeles. Defendant filed its Answer to the Complaint on August 28, 2023. On or about December 13, 2023, Defendant issued a subpoena to AGG Legal Staffing seeking the production of Plaintiff's employment and medical records, including her attendance records; job duties; employment applications and resumes; records of medical examinations, illnesses, or injuries; and records regarding termination...

Excerpt: ...endants Smart & Final Stores LLC (“Defendant”), Smart & Final LLC, and Does 1 through 50. Defendant filed its Answer on April 20, 2022. On July 3, 2023, Defendant served Plaintiff with Supplemental Interrogatories (Set One) and Supplemental Requests for Production of Documents (Set One). (Blozan Decl., ¶ 2.) Plaintiff did not respond. On October 6, 2023, the Court granted Defendant's motions to compel, ordered Plaintiff to respond within 30 ...

Excerpt: ...led this motion to continue trial. Plaintiff filed her opposition on January 10, 2024. Defendant filed its reply on January 16, 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...

Excerpt: ...isrepresentation, (7) Concealment, (8) Intentional Infliction of Emotional Distress, and (9) Negligent Infliction of Emotional Distress. According to the complaint, a large fire originated on Lai's property and spread to Galstyan's causing extensive damage, and then Lai made misrepresentations about the cause and origin of the fire, causing Galstyan to suffer further damages and emotion distress. Lai filed her answer to the complaint on March 16,...

Excerpt: ... The case arises out of a slip and fall incident that allegedly occurred on October 21, 2020. On December 19, 2023, Defendant filed this motion to continue trial. Plaintiff filed an untimely opposition on January 11. Defendant filed an untimely reply on January 18. 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 powe...

Excerpt: ...out October 27, 2019, decedent Cezannie Mount was killed by Defendant Alfredo Gutierrez, who was riding his CHP motorcycle at an unlawful and excessive speed while in the course and scope of his employment. (Complaint, ¶ 10.) Defendant State of California, acting by and through the California Highway Patrol (“CHP”), filed its answer on July 10, 2020. Defendant Alfredo Gutierrez (“Gutierrez”) filed his answer on August 21, 2020. This case...

Excerpt: ...this action on April 5, 2019, asserting a cause of action for premises liability against Defendant Cedars-Sinai Medical Center (“CSMC”) and Does 1 through 50. CSMC filed its Answer to the Complaint on May 10, 2019. Plaintiff amended his complaint on June 23, 2021, to name Defendant ABM Building Solutions LLC as Doe 1 and Defendant ABM Global Facility Service as Doe 2. At the request of Plaintiff, those two entities were dismissed on April 27,...

Excerpt: ... Tentative The Court CONTINUES Plaintiff's motions to compel further responses to requests for admission and to form interrogatories for approximately 90 days so that the parties may complete an IDC. The Court DENIES Defendant's motions to compel initial responses to requests for production and special interrogatories. Background On July 2, 2021, Plaintiff Bradley Dodds (“Plaintiff”) filed the Complaint in this action asserting one cause of a...

Excerpt: ...filed this motion to continue the trial. 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 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 latitud...

Excerpt: ..., Defendant Diaz and Defendant Rodriguez both filed respective answers to the complaint. On February 1, 2023, Defendant Rodriguez filed a cross-complaint against Diaz and Roes 1 to 10 alleging causes of action for: (1) total indemnity; and (2) declaratory relief and apportionment of fault. On February 6, 2023, Defendant Diaz filed a cross-complaint against Rodriguez alleging causes of action for: (1) indemnification; (2) apportionment of fault; a...

Excerpt: ...met with Defendant Kimberly Brooks (“Defendant”) at Zen Buffet in Monrovia, California. Plaintiff alleges (among other things) that Defendant “raised her glass of water towards Plaintiff, stared at him and sta[r]ted yelling obscene words at Plaintiff right before she threw the glass at Plaintiff from a distance of less than four (4) feet from Plaintiff.” (Complaint, ¶ 9.) Plaintiff asserts (among other things) that the glass hit him “o...

Excerpt: ...l Mascorro (“Plaintiff”) filed the Complaint in this action asserting causes of action for general negligence and premises liability against Mercado Benito Juarez, Inc. (“MBJ”), Normandie 800 S LLC (“Landlord”), and Does 1 through 20,. On June 21, 2022, Landlord filed its Answer to the Complaint. On the same day, Landlord filed a Cross-Complaint against MBJ and Roes 1 through 50. On August 16, 2022, MBJ filed Answers to the Complaint ...

Excerpt: ... January 2, 2021, while Plaintiff was moving an air conditioning unit down the stairs of an apartment building owned by Defendant, he was seriously injured his leg was pinned against the wall by a dolly and air conditioning unit. On August 2, 2021, Defendant filed an Answer to the Complaint. On September 19, 2023, Defendant filed its motion for summary judgment or, in the alternative, summary adjudication. On November 22, 2023, Plaintiff filed hi...

Excerpt: ...endants Carmen Maria Godinez, Carmen Denim Inc (“Defendants”), and Does 1 through 100. Defendants filed their Answer to the Complaint on January 22, 2021. Currently before the Court are five discovery motions. As is relevant to those motions, on April 1, 2022, Plaintiff served Defendant Godinez with various discovery requests, including Requests for Production (Set One), and Requests for Admission (Set One). On the same day, Plaintiff served ...

Excerpt: ...GRANTED in part. Background This arises from a fall that allegedly occurred at the Cedars-Sinai Medical Center on April 12, 2017. Plaintiff Samuel Aurebach (“Plaintiff”) filed this action on April 5, 2019, asserting a cause of action under premise liability against Defendant Cedars-Sinai Medical Center and Does 1 through 50. Defendant Cedars-Sinai Medical Center filed its Answer to the Complaint on May 10, 2019. Plaintiff amended his complain...

Excerpt: ...ence per se, and statutory liability. Defendant filed her answer on August 31, 2022. On March 31, 2023, Plaintiff Olivia Marie Robles served Defendant with Requests for Admissions (Set One). (Garcia Decl., ¶ 5 & Exh. A.) Defendant did not serve responses. (Id., ¶ 7.) On May 15, 2023, Plaintiff filed this Motion to Deem the Truth of the Matters Asserted in Request for Admissions (Set One). No opposition has been filed. Legal Standard A party mus...

Excerpt: ...ntiff Samuel Aurebach (“Plaintiff”) filed this action on April 5, 2019, asserting a cause of action under premise liability against Defendant Cedars-Sinai Medical Center and Does 1 through 50. Defendant Cedars-Sinai Medical Center filed its Answer to the Complaint on May 10, 2019. Plaintiff amended his complaint on June 23, 2021, to name Defendant ABM Building Solutions LLC as Doe 1 and Defendant ABM Global Facility Service as Doe 2. At the r...

Excerpt: ...d into a settlement agreement. The settlement agreement provided (among other things) that in the event of any action or proceeding arising out of the agreement, the prevailing party shall be entitled to recover reasonable attorney's fees, costs, and expenses. On July 15, 2023, Defendants breached the settlement agreement by failing to pay the installment payment. On August 29, 2023, the Court entered a stipulated judgment against Defendants for ...

Excerpt: ...igence and (2) General Negligence, arising out of a vehicle collision that occurred on January 22, 2019. On January 24, 2023, the Court dismissed Plaintiffs' complaint without prejudice. On July 17, 2023, Plaintiffs filed a motion to set aside the dismissal. The hearing for the motion was set for September 29, 2023. The Court posted a tentative ruling granting Plaintiffs' motion. When Plaintiffs' counsel did not appear at the hearing, however, th...

Excerpt: ...aint (the “FAC”). In the FAC, Plaintiff asserts a single cause of action for negligence against Defendant and Does 1 through 50. On June 22, 2021, Defendant filed its Answer to the FAC. On December 6, 2023, Plaintiff filed this motion to continue the trial. 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 conform to la...

Excerpt: ...plaint in this action asserting causes of action for general negligence and premises liability against Mercado Benito Juarez, Inc. (“MBJ”), Normandie 800 S LLC (“Landlord”), and Does 1 through 20,. On June 21, 2022, Landlord filed its Answer to the Complaint. On the same day, Landlord filed a Cross-Complaint against MBJ and Roes 1 through 50. On August 16, 2022, MBJ filed Answers to the Complaint and the Cross-Complaint. On January 19, 20...

Excerpt: ...aint in this action asserting causes of action for dangerous condition of public property and premises liability against Defendants City of Los Angeles (“Defendant”) and Does 1 through 50. On filing, the case was assigned a trial date of July 30, 2024. On August 31, 2023, Defendant filed its Answer to the Complaint. The same day, Defendant filed a Cross-Complaint against Roes 1 through 10. On August 7, 2023, Plaintiff served a notice to take ...

Excerpt: ...) Breach of Contract, (3) Negligence, and (4) Premise Liability, regarding alleged damage to her property. On July 18, 2022, Defendants filed their Answer to the Complaint. On November 29, 2023, Defendants filed this motion for leave to file a Cross-Complaint against two contractors (and additional fictitiously named cross-defendants) who allegedly caused or contributed in some way to the alleged damage. No opposition has been filed. Legal Standa...