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2024.04.10 Motion to Bifurcate 067
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.10
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...
2024.04.10 Motion for Reconsideration 526
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.10
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...
2024.04.09 Motion to Quash 771
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.09
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 ...
2024.04.09 Motion for Trial Preference 042
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.09
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...
2024.04.09 Motion for Determination of Good Faith Settlement 063
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.09
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...
2024.04.05 Motion to Compel Deposition of PMK 072
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.05
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...
2024.04.05 Motion for Terminating Sanctions 629
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.05
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...
2024.04.04 Motion to Continue Trial 081
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.04
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 ...
2024.04.03 Motion to Compel Responses, for Sanctions 690
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.03
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...
2024.04.03 Motion for Judgment on the Pleadings 528
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.04.03
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.”...
2024.03.29 Motion for Summary Judgment 868
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.03.29
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...
2024.03.29 Motion for Leave to Amend Complaint 516
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.03.29
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...
2024.03.28 Motion to Compel Responses, for Sanctions 328
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.03.28
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...
2024.03.28 Motion to Compel IME 656
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.03.28
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...
2024.03.27 Motions to Compel Responses 328
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.03.27
Excerpt: ...n 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 Form Interrogatories (Set One). (Castronovo Decl., ¶ 4 & Exh. A.) On July 19, 2022, Plaintiff served objections and unverified responses. (Id., ¶ 6; Exh. B.) Approximately 18 months later, Defendant followed up with Plaintiff, ...
2024.03.27 Motion to Continue Trial 840
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.03.27
Excerpt: ...plaint against Roes 1 through 100 for (1) implied indemnity, (2) contribution, and (3) declaratory relief. On March 1, 2024, Defendant filed this 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 th...
2024.03.27 Motion to Continue Trial 435
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.03.27
Excerpt: ...5, 2020. Defendants filed their answer on October 5, 2022. On March 1, 2024, Defendants filed this 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 court.” (Color -Vue...
2024.03.27 Motion to Continue Trial 354
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.03.27
Excerpt: ... On February 8, 2024, Defendant filed this 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 court.” (Color-Vue, Inc. v. Abrams (1996) 44 Cal.App.4th 1599, 1603.) “A ...
2024.03.26 Motion to Continue Trial 832
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.03.26
Excerpt: ... Trial was initially set for June 13, 2022. In May 2022, on Defendants' ex parte application, and over Plaintiff's objection, trial was continued to April 5, 2023. In December 2022, on the stipulation of the parties, trial was continued to July 21, 2023. In May 2023, on the stipulation of the parties, trial was continued to September 21, 2023. In August 2023, on Defendants' ex parte application, and over Plaintiff's objection, trial was continued...
2024.03.26 Motion to Compel Compliance with Deposition Subpoena 603
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.03.26
Excerpt: ... arising out of an accident occurring on February 17, 2022, on the 710 Freeway near Washington Boulevard in Commerce. At the time of filing, Plaintiff was represented by counsel of record Jennie Levin. On April 20, 2023, Plaintiff filed a substitution of counsel, with David R. Lira replacing Jennie Levin. Defendants Numark and Mario Lua (collectively, “Defendants”) filed their answers on July 21, 2023, and January 16, 2024. On November 28, 20...
2024.03.22 Motion to Compel Deposition 752
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.03.22
Excerpt: ...arising out of an alleged accident on October 1, 2017, on the 101 Freeway near the interchange with the 405 Freeway in Sherman Oaks. Defendants filed an answer on April 5, 2021. Shortly after filing their answer in April, Defendants noticed the depositions of all four Plaintiffs. (Citron Decls., ¶ 2 & Exhs. A.) Those depositions were taken off calendar by agreement of counsel. (Id. , ¶ 4.) In March 2022, Defendants renoticed the depositions. (I...
2024.03.22 Motion to Compel Compliance with Deposition Subpoena 603
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.03.22
Excerpt: ... arising out of an accident occurring on February 17, 2022, on the 710 Freeway near Washington Boulevard in Commerce. At the time of filing, Plaintiff was represented by counsel of record Jennie Levin. On April 20, 2023, Plaintiff filed a substitution of counsel, with David R. Lira replacing Jennie Levin. Defendants Numark and Mario Lua (collectively, “Defendants”) filed their answers on July 21, 2023, and January 16, 2024. On November 28, 20...
2024.03.21 Motions to Compel Deposition 752
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.03.21
Excerpt: ...eral negligence arising out of an alleged accident on October 1, 2017, on the 101 Freeway near the interchange with the 405 Freeway in Sherman Oaks. Defendants filed an answer on April 5, 2021. Shortly after filing their answer in April, Defendants noticed the depositions of all four Plaintiffs. (Citron Decls., ¶ 2 & Exhs. A.) Those depositions were taken off calendar by agreement of counsel. (Id. , ¶ 4.) In March 2022, Defendants renoticed the...
2024.03.21 Motion for Protective Order 082
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.03.21
Excerpt: ... Complaint in this action asserting causes of action for dangerous condition of public property and premises liability against Defendants City of Los Angeles (“City”) and Does 1 through 50. On August 31, 2023, City filed its Answer to the Complaint and a Cross -Complaint against Roes 1 through 10. On November 17, 2023, City served responses to interrogatories, requests for production, and requests for admission. (Martinez Decl., ¶ 3.) These ...
2024.03.20 Motion to Set Aside Default, Judgment 557
Location: Los Angeles
Judge: Ellis, Steven A
Hearing Date: 2024.03.20
Excerpt: ...rolled by Defendants. On January 26, 2021, Plaintiff amended the complaint to name Mark A. Baratta as Doe 1 and Discovery Days Early Learning Center, Inc. (“Defendant”) as Doe 2. On March 16, 2021, Plaintiff filed a request to dismiss his claims against United Pacific Bank. On April 12, 2021, 85 Palmetto Drive, LLC and Mark A. Barrata filed an answer to the complaint. On March 11 and September 7, 2022, Plaintiff filed requests to dismiss his ...

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