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: ...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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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,...