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: ...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: ...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: ...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: ...��) 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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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: ... 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: ...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...