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: ...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: ...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...

Excerpt: ... (erroneously sued as Bell Canyon Association), Mohammad Moghaddam Hallaj (erroneously sued as Mohammad M. Serand), Maryam T. Nezhad, and Does 1 through 100, inclusive, for (1) negligence, (2) premises liability, and (3) loss of consortium. The FAC alleges the following. Defendants failed to own, lease, operate, maintain, design, build, manage and/or otherwise control the property located at 46 Saddlebow Road, Bell Canyon, California, 91307, incl...

Excerpt: ...berto Ramirez and Fernando Santana Velazco (“Plaintiffs”) filed this motion for leave to file a First Amended Complaint. Defendants Juan Carlos Tejeda and Braxton R, LLC (“Defendants”) filed their opposition on December 18, 2023. Plaintiffs have not filed a reply. On December 18, 2023, Plaintiffs amended their complaint to name Tejeda Transportation, LLC as Doe 1. Trial is currently set for February 6, 2024. Legal Standard CCP § 473(a)(1...

Excerpt: ...Defendants”), and Does 1 through 50 asserting causes of action for Negligence, Negligence Per Se, Vicarious Liability, Negligent Entrustment of a Motor Vehicle, and Negligent Hiring, Retention, Supervision and Training. Defendants filed their answer on September 2, 2021. On January 5, 2023, Defendants served Plaintiff with Special Interrogatories (Set Two) and Requests for Production of Documents (Set Two). Plaintiff did not respond. On March 9...

Excerpt: ..., and Does 1 through 50. On June 7, 2021, Defendants Christopher Harbonville (erroneously sued as Christophe Harbonville), Rasier LLC, and Rasier-CA, LLC each filed an answer. On May 18, 2022, James River Insurance Company (“JRIC”), the insurer for Defendant Christopher Harbonville, filed a complaint in intervention. JRIC filed this motion to continue trial on November 28, 2023. According to JRIC, it only “recently” learned that Defendant...

Excerpt: ...ay 28, 2020, Plaintiff filed proof of personal service on Defendant. On March 23, 2021, default was entered as to Defendant. On June 2, 2023, the Court vacated the default. On November 29, 2023, Defendant filed this motion to set aside default and quash service of the summons. No proof of service is attached to the motion. On December 12, 2023, Defendant filed a proof of service showing mail service on Plaintiff's counsel on November 29, 2023. On...

Excerpt: ...led this motion for leave to intervene. No opposition has been filed. Legal Standard Code of Civil Procedure, section 387, subdivision (d)(1) provides that the court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if “a provision of law confers an unconditional right to intervene,” or “[t]he¿person seeking intervention claims an interest relating to the property or transaction that is the subject ...

Excerpt: ...on his race. Plaintiff filed his First Amended Complaint (“FAC”) on January 19, 2023. On May 22, 2023, the Court granted Defendant's motion to quash service of the summons and complaint based upon improper service. On October 18, 2023, Plaintiff apparently attempted to serve Defendant by sending a copy of the FAC and Complaint to Defendant's agent for service of process by FedEx. (Villamor Decl., ¶ 5.) On October 26, 2023, Defendant filed th...

Excerpt: ...California. On January 3, 2020, Plaintiff Debbie Thomas ("Plaintiff") filed the complaint in this action asserting one cause of action for motor vehicle negligence against Defendants American Medical Response, Inc., Global Medical Response, Inc, Envision Healthcare, Inc, Zane Steven Petterson, and Does 1 through 50. On June 27, 2023, Plaintiff served Defendant American Medical Response, Inc. (“Defendant”) with Requests for Admission (Set One)...

Excerpt: ...Interrogatories, Special Interrogatories, and Demand for Production. Defendants filed the Motions to Compel S Form Interrogatories, Special Interrogatories, and Demand for Production of Plaintiff on March 6, 2023, as well as for sanctions of $860.00 for each motion, $2,580.00 total. The Court has not received any opposition. Legal Standard A party must respond to interrogatories within 30 days after service. (Code Civ. Proc., § 2030.260, subd.(a...

Excerpt: ...d as Sara Contreras) (“Defendant”) filed this motion to strike the portions of the prayer for relief in Plaintiff's Complaint seeking attorney's fees and punitive damages. Plaintiff has not filed an opposition. Legal Standard A motion to strike challenges “any irrelevant, false, or improper matter inserted in any pleading” or “all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or ...

Excerpt: ...judgment. To date, no opposition has been filed. Legal Standard “The purpose of the law of summary judgment is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Code of Civil Procedure section 437c, subdivision (c), “requires the trial judge to ...

Excerpt: ...lity for Dangerous Condition of Public Property, Pursuant to Government Code section 835 et seq., (2) Negligence, and (3) Premises Liability. City and Botach filed their Answers on January 18, 2023. On January 24, 2023, Hot and Cool filed an Answer and a Cross-Complaint against City, County, Botach, and Roes 1 through 10. On February 7, 2023, Botach filed a Cross-Complaint against Hot and Cool and Moes 1 through 10. City filed a motion for leave ...

Excerpt: ...and general negligence. On April 11, 2022, Defendant Alta Los Angeles Hospitals, Inc. (“Defendant”) filed its answer. On April 13, 2022, Plaintiff amended the complaint to name Marlon R. Mejia Paz as John Doe 1. On October 12, 2022, the Court granted the motion of Plaintiff's attorney to be relieved as counsel. On September 18, 2023, the Court granted Defendant's motion for an order compelling Plaintiff to provide verified, code-complaint res...

Excerpt: ...y of 2019, with a Stipulation for Entry of Judgment entered into between the parties on September 30, 20219. A Stipulation for Settlement and Order was filed with the Court on December 23, 2019. On March 7, 2023, Plaintiff filed this motion to set aside or vacate the dismissal and for entry of judgment. Legal Standard Under Code of Civil Procedure, section 664.6: (a) If parties to pending litigation stipulate, in a writing signed by the parties o...

Excerpt: ...eposition of Plaintiff on July 21, 2023. Plaintiff did not file any opposition. Legal Standard Code of Civil Procedure § 2025.450(a) provides: “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examinat...

Excerpt: ...ion for: (1) general negligence; and (2) motor vehicle negligence. On January 19, 2021, Defendant filed and answer. On March 30, 2021, Plaintiff substituted in Randall M. Awad as counsel. On January 10, 2023, after several prior Final Status Conferences at which one or both parties had not submitted the trial readiness documents required by the Standing Order, the Court held a Final Status Conference and ordered Plaintiff's counsel Mr. Awad to pa...

Excerpt: ...18. On August 28, 2020, Plaintiff filed the Complaint in this action against Defendants Quality Naturally! Foods, Inc; Yum Yum Donut Shops, Inc; Winchell's Francising LLC; Managing Personnel Services, Inc; California Analytics, LLC, and Does 1 through 1000, asserting claims for negligence, premises liability, unfair business practices, negligent misrepresentation, and intentional misrepresentation. On August 31, 2020, Plaintiff filed the First Am...

Excerpt: ...wth Spike Holdings, LLC (“Defendant”) filed its answer. On June 8, 2021, Defendant Raul Mariscal filed his answer. On December 21, 2021, Plaintiff amended his complaint to name BKJK, LLC as Doe 11. On February 1, 2023, Plaintiff amended his complaint to name TC Machine Builds LLC as Doe 21. On June 7, 2023, Plaintiff amended his complaint to name Good Tree Holdings, LLC as Doe 41. As is relevant here, on June 13, 2022, Plaintiff served Defend...

Excerpt: ...ber 25, 2020, Plaintiff filed the Complaint in this action asserting claims for premises liability and negligence against Defendants Uninational Corporation, Healthcare Partners, and Does 1 through 20. On May 24 and November 17, 2022, Defendant Uninational Corporation (“Defendant”) and Defendant Optumcare Management LLC (erroneously named as Healthcare Partners) filed their Answers. On October 20, 2023, Plaintiff amended the Complaint to name...

Excerpt: ..., Defendants filed the instant motion to continue trial currently scheduled for January 16, 2024, by approximately five months. On November 15, 2023, Plaintiff filed an opposition. On November 17, 2023, Defendants filed a reply. 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).)¿ Nevert...

Excerpt: ...s liability, and general negligence against Defendants City of Glendale, City of Glendale Public Works, L.A. Federal Credit Union, Glendale Maintenance Service, and Does 1 through 50. After the Court granted a motion to strike (with leave to amend), Plaintiff filed a First Amended Complaint (“FAC”) on May 12, 2021. In the FAC, Plaintiff asserts the same causes of action against the same defendants. On June 10 and July 6, 2021, Defendants City...

Excerpt: ... leave to intervene in the action. No opposition has been filed. Trial is set for April 19, 2024. Legal Standard Code of Civil Procedure, section 387, subdivision (d)(1) provides that the court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if “a provision of law confers an unconditional right to intervene,” or “[t]he¿person seeking intervention claims an interest relating to the property or tran...

Excerpt: ...��Defendant”) and Does 1 to 10, asserting causes of action for motor vehicle negligence and general negligence. On April 28, 2023, Defendant filed its answer. On May 26, 2023, Defendant served Plaintiff with discovery requests, including Special Interrogatories (Set One). (Paulick Decl., ¶ 6 & Exh. A.) Plaintiff did not respond. (Id., ¶ 7.) On October 27, 2023, Defendant filed this motion for an order compelling Plaintiff to respond to the De...

Excerpt: ... On July 18, 2023, Defendants served Plaintiff with discovery requests, including Form Interrogatories (Set One) from Defendant Cordero; Special Interrogatories (Set One) from Defendant Cordero; Form Interrogatories (Set One) from Defendant Donlen Mobility; and Requests for Production (Set One) from Cordero. (Zicarelli Decls., ¶ 2.) Plaintiff served unverified responses on August 28, 2023, and served the verifications on September 7. (Id., ¶ 3....

Excerpt: ...Elmer Lopez (“Plaintiff”) filed this action on December 17, 2020, alleging one cause of action for negligence against Defendants Michael Pourshalimi (erroneously sued as Mykel Toursalami), Ester Pourshalimi (erroneously sued as Chester Toursalami) (collectively, “Defendants”) and Does 1 through 50. On January 26, 2021, Defendant Michael Pourshalimi filed a cross-complaint against Plaintiff. On May 24, 2023, the Court granted Defendants' m...

Excerpt: ...he intersection of Arrow Highway and Mills Avenue in Claremont, California. On August 3, 2022, Defendant filed an Answer. On November 12, 2022, Plaintiff served Defendant with discovery requests, including Requests for Production (Set One). (Hobbs Decl., ¶ 4 & Exh. A.) As of the filing of this motion, Defendant had not responded to the discovery requests. (Id., ¶ 9.) On February 22, 2023, Plaintiff filed a motion to compel Defendant to provide ...

Excerpt: ...ry 16, 2023, the Court entered an order pursuant to the parties' stipulation which continued trial from May 16, 2023, to January 23, 2024. On October 5, 2023, Defendant filed and served a motion for summary judgment. The hearing on the motion for summary judgment is set for August 1, 2024. On October 25, 2023, Defendant filed and served a motion to continue the current trial date and all trial- related dates to a date after the hearing on Defenda...

Excerpt: ...efendant”) and Does 1 to 10, asserting causes of action for motor vehicle negligence and general negligence. On April 28, 2023, Defendant filed its answer. On May 26, 2023, Defendant served Plaintiff with discovery requests, including Form Interrogatories (Set One). (Paulick Decl., ¶ 6 & Exh. A.) Plaintiff did not respond. (Id., ¶ 7.) On October 25, 2023, Defendant filed this motion for an order compelling Plaintiff to respond to the Defendan...

Excerpt: ...ctober 21, 2021, alleging a cause of action for negligence. On October 10, 2023, Defendant filed the motion to compel deposition of Plaintiff. Defendant also seeks sanctions. On October 27, 2023, Plaintiff filed an opposition and her own request for sanctions. On November 2, 2023, Defendant filed a reply and additional evidence in support of the motion. On November 3, Plaintiff filed objections to Defendant's evidence. On November 8, 2023, in con...

Excerpt: ...e negligence, general negligence, and loss of consortium against Defendant Ampac Logistics LLC and Does 1 to 100. On November 1, 2021, Plaintiff 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 ...

Excerpt: ...d The court may grant leave to¿amend¿the pleadings at any stage of the action. (Code Civ. Proc., § 473, subd. (a).) A party may discover the need to¿amend¿after all pleadings are completed (the case is “at issue”) and new information requires a¿change in the nature of the claims or defenses previously pleaded. (See Dye v. Caterpillar, Inc. (2011) 195 Cal.App.4th 1366, 1380.) “The policy favoring amendment is so strong that it is a rar...

Excerpt: ...“Defendant”) and Does 1 through 50. Defendant filed an Answer on August 30, 2021. Last month, the Court granted the motion of State Farm Mutual Automobile Insurance Company (“State Farm”) to intervene, and on October 18, 2023, State Farm filed an Answer in Intervention. Back on December 2, 2022, Plaintiff served Defendant with discovery requests, including Requests for Admission (Set One) (“RFAs”). (Movsesian Decl., ¶ 5 & Exh. A.) De...

Excerpt: ... May 22, 2023. Also on May 22, Defendants served Form Interrogatories (Set One), Special Interrogatories (Set One), and Requests for Production of Documents (Set One) on Plaintiff. (Webb Decls., ¶ 2 & Exh. A.) Plaintiff has not responded to these discovery requests. (Id., ¶¶ 2-4.) Defendants filed the three motions to compel that are currently before the Court on August 28, 2023. Plaintiff has not filed any opposition. On October 10, 2023, the...

Excerpt: ...a Complaint against Defendants City of Los Angeles, Travel Town Transportation Museum, City of Los Angeles Department of Parks and Recreation, and Does 1 through 50, asserting claims for premises liability and general negligence. On September 26, 2022, Plaintiffs filed a First Amended Complaint against the same defendants, asserting a single cause of action for premises liability. On October 31, 2022, Defendant City of Los Angeles (“Defendant�...

Excerpt: ... products that fell on him in Defendant's store. Defendant filed an answer on August 16, 2022. According to Plaintiff's counsel, Plaintiff has been attempting for some time, without success, to schedule the depositions of two of Defendant's employees (Joseph Angulo and Laura Cancinos) as well as a person-most-qualified (“PMQ”) deposition of Defendant on certain topics. (Van Gelder Decl., ¶¶ 4- 17.) On July 3, 2023, Plaintiff served notices ...

Excerpt: ...nce company is QBE. The complaint alleges that on November 4, 2019, Plaintiff was lawfully on Defendant's premise and sustained injury while participating in a reality television competition series produced by Defendants. On September 14, 2023, Defendants ITV America, Inc., Upper Ground Enterprises, Inc., (“UGE”), USA Network Media Productions LLC, NBCUniversal Medica, LLC, Comcast Corporation, and Kevin Wehrenberg (collectively “Defendants...

Excerpt: ...walk adjacent to Defendant's premises, encountered a broken stretch of sidewalk, struck it, fell off the scooter, and sustained injury. On September 5, 2023, the Court sustained Defendant's demurrer to the Complaint, with leave to amend. Plaintiff filed her First Amended Complaint (“FAC”) on September 18, 2023. Defendant demurred to the FAC on October 4. Plaintiff filed her opposition on October 18, and Defendant filed its reply on October 20...

Excerpt: ...) filed a Complaint against Defendants City of Los Angeles, Travel Town Transportation Museum, City of Los Angeles Department of Parks and Recreation, and Does 1 through 50, asserting claims for premises liability and general negligence. On September 26, 2022, Plaintiffs filed a First Amended Complaint against the same defendants, asserting a single cause of action for premises liability. On October 31, 2022, Defendant City of Los Angeles (“Def...