Excerpt: ...ff. (Mendoza Decl., ¶¶ 4, 7 & Exhs. B, D.) First, on November 23, 2022, Defendant served a demand for Plaintiff's independent medical examination, setting the examination for December 15, 2022. (Id., ¶ 4; Exh. B.) The examination was rescheduled for December 22, 2022. (Id., ¶ 5; Exh. C.) Plaintiff failed to serve a response to Defendant's demand for examination. On December 22, 2022, Plaintiff failed to appear for the examination. (Id., ¶ 6....

Excerpt: ...been filed. Legal Standard California Rules of Court, rule 3.1332, subdivision (c) states that although disfavored, the trial date may be continued for “good cause,” which includes (without limitation): (1) unavailability of trial counsel or witnesses due to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) �...

Excerpt: ...in Santa Fe Springs, California. On June 30, 2023, the Court granted Plaintiffs' ex parte application to continue the trial date for approximately 45 days (from July 20 to September 6, 2023). Defendants filed a detailed opposition to the application but did not in their papers mention any scheduling conflicts (either for lead counsel or their experts) that a continuance might cause. On July 18, 2023, the Court denied Defendants' ex parte applicat...

Excerpt: ...1) unavailability of trial counsel or witnesses due to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it...

Excerpt: ...istics (business entity form unknown), and Does 1 through 50 for motor vehicle negligence and general negligence. On August 1, 2022, Plaintiff amended her complaint to name Optimize Logistics, Inc. as Doe 1. On September 14, 2022, the named defendants filed their answer. On December 14, 2022, Plaintiff served form interrogatories, special interrogatories, and inspection demands on Defendant Thompson (“Defendant”). (Steiner Decl., ¶ 3.) On De...

Excerpt: ...ed at him and sta[r]ted yelling obscene words at Plaintiff right before threw the glass at Plaintiff from a distance of less than four (4) from Plaintiff.” (Complaint, ¶ 9.) Plaintiff asserts (among other things) that the glass hit him “on the left cheekbone area injuring Plaintiffs cheekbone, left eye socket and left ear.” (Id., ¶ 10.) Plaintiff filed the complaint against Defendant and Does 1 through 50 on April 26, 2021, alleging cause...

Excerpt: ...ed damages include a claim for “loss of earnings and earning capacity, both past and future, in amounts according to proof.” (Complaint, ¶ 11.) In discovery, Plaintiff stated that she was seeking to recover (among other damages) $60,000 in lost wages from her job at her former employer Savage Fenty (“Employer”) for approximately two weeks in October 2019 and then again from January 12, 2021 forward, at the rate of $22 per hour or approxi...

Excerpt: ...2023, Defendant filed the instant motion to continue trial. No opposition was filed. When the motion came on for hearing on July 28, the Court granted Plaintiff's request for a brief continuance to possibly reach an agreement with the Defendant regarding the trial and related dates. Pursuant to Plaintiff's request, the Court continued the motion to August 11, 2023. On July 31, 2023, Plaintiff filed an opposition, and Defendant replied on August 1...

Excerpt: ...ies) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial.¿ (Id., Rule 3.1332(c).)¿¿¿ Other relevant considerations¿may¿include: “(1) The proximity of the trial date; [¶] (2) Whether there was any previ...

Excerpt: ...ce, premises liability, and negligent hiring, training, and supervision against Defendants Clubbizz.LLC (“Clubbizz”), Douglas C. MacLise, Alyce R. MacLise, and Does 1 through 50. On December 2, 2022, Clubbizz filed an Answer and a Cross-Complaint for indemnity against Roes 1 through 100. On June 5, 2023, Plaintiff amended his Complaint to name Salient Consulting Group Inc. (“Salient”) as Doe 1. On August 1, 2023, Salient filed a Demurrer ...

Excerpt: ...nsel of record Downtown L.A. Law Group to pay sanctions in the amount of $690, jointly and severally, within 30 days of this order. Background On July 6, 2021, Plaintiffs Estanislao Hernandez, Carmen Hernandez, Israel Alberto Hernandez Saavedra, individually and as successors in interest to Decedent, Mario Alberto Hernandez, filed a complaint against Defendants Doan Haidang Huynh, Dial Transport Inc, and Vantage Industrial Holding, LLC, alleging ...

Excerpt: ...orthwest Excavating, and Does 1-100 for 1) Negligence, 2) Dangerous Condition of Public Property under Government Code § 835, and 3) Loss of Consortium. On June 23, 2022, Plaintiffs amended their complaint to name Global Environmental Network, Inc. as Doe 1 Numerous cross-complaints have been filed in this action. On April 26, 2021, the City of Malibu filed a cross-complaint against the other named defendants and Roes 1 through 10. On June 2, 20...

Excerpt: ...e GRANTED IN PART and DENIED IN PART. The Court orders Plaintiff Israel Alberto Hernandez Saavedra and counsel of record Downtown L.A. Law Group to pay sanctions in the amount of $1,875, jointly and severally, within 30 days of this order. Background On July 6, 2021, Plaintiffs Estanislao Hernandez, Carmen Hernandez, Israel Alberto Hernandez Saavedra, individually and as successors in interest to Decedent, Mario Alberto Hernandez, filed a complai...

Excerpt: ...Defendants Angelique Evans, Yvonne Arambula, Wellsville Properties, LLC, Michael Bruce, NPS Management, and Does 1 through 30. The FAC alleges that Defendant Angelique Evans lost control of her vehicle and collided into the building and apartment that Plaintiff resided in. Defendant NPS Management filed its answer and a cross-complaint against Defendants Evans, Arambula, and Roes 1 through 10 on November 4 and 7, 2022. Wellsville Properties and M...

Excerpt: ...or deteriorating portion of the roadway caused decedent Mark Anthony Cazares to lose control of his vehicle. Defendant City of San Gabriel requests an order continuing the Trial from November 28, 2023 to a date convenient to the Court in late February 2024 as well as a continuance of the Final Status Conference and discovery deadlines. The motion is brought pursuant to California Rules of Court 3.1332, subdivisions (b), (c), and (d) on grounds th...

Excerpt: ...injuries. On May 2, 2022, and June 15, 2022, Plaintiff added AMC Janitorial and Shahzad Enterprises, Inc. dba AMC Janitorial and Maintenance, Inc., as defendants. On August 10, 2022, Defendant Fox Investment Company, LLC filed a cross-complaint against Shahzad Ent. Inc. and Defendant Shahzad Enterprises, Inc. dba AMC Janitorial and Maintenance, Inc. On September 8, 2022, Cross-Defendant Shahzad Ent. Inc. filed its cross-complaint against Defendan...

Excerpt: ...ntiff's attorney provided the following email address in the caption: [email protected]. On January 12, 2023, the Court granted Defendant's motions to compel Plaintiff to provide verified responses to form interrogatories, special interrogatories, and requests for production of documents and awarded sanctions in the amount of $530.00. Neither Plaintiff nor Plaintiff's counsel appeared at the hearing. Defendant was ordered to give notice. ...

Excerpt: ...upo (collectively, “Defendants”) have filed the instant Motion to Strike (“Motion”) on July 7, 2023. No Opposition nor Reply Papers have been filed. Legal Standard The court may, upon motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436, subd. (a).) The court may also strike all or any part of any pleading not drawn or ...

Excerpt: ...icles LLC, Hertz, and Does 1-50 inclusive. On June 14, 2021, the named defendants filed their answer. On the same day, the named defendants filed a notice of stay of proceedings based on the pending bankruptcy proceedings of Defendant The Hertz Corporation. On June 28, 2022, Plaintiffs dismissed, without prejudice, The Hertz Corporation, Hertz Vehicles LLC, and Hertz. The sole remaining named defendant was (and is) Shi Lu (“Defendant”) On Aug...

Excerpt: ...ing the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial. (Id., Rule 3.1332(c).) Other relevant considerations may include: “(1) The proximity of the trial date; [¶] (2) Wheth...

Excerpt: ...3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial.¿ (California Rules of Court, Rule 3.1332(c).)¿¿¿ Other relevant considerations¿may¿include: “(1) The proximity of the trial date; [¶] (2) Whether there was any previous continuance, extension of time,...

Excerpt: ...ded Complaint (“FAC”) two days later, on January 26. 2023. In the FAC, Plaintiffs asserts a total of six causes of action (for negligence-motor vehicle; negligent infliction of emotional distress; negligence; negligence per se; strict products liability; and negligent hiring retention and supervision negligence per se). The Defendants listed in the FAC are Nitin Khanna; Tikero Group Inc.; Uber USA, LLC; Uber Technologies, Inc.; Rasier, LLC; R...

Excerpt: ...or vehicle incident that occurred on or about April 15, 2019. On September 1, 2021, Defendant Marc Nehme (erroneously sued as Mark Nehme) (“Defendant”) filed his answer. On December 14, 2022, Defendant Mark Nehme (“Defendant”) filed two motions: (1) a motion to compel Plaintiff to respond to a Supplemental Interrogatory; and (2) a motion to compel Plaintiff to respond to a Supplement Request for Production of Documents. The hearing on bot...

Excerpt: ... summary judgment. Defendant has not opposed. Legal Standard The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) CCP Section 437c(c) “requires the trial judge to grant summary judgment i...

Excerpt: ... Beta Company dba Ralphs (erroneously sued as Kroger dba Ralphs) (“Defendant”) filed an Answer on August 24, 2022. Following an Informal Discovery Conference relating to various interrogatories and requests for admission, Defendant served amended responses on February 16 and again on March 8, 2023. Plaintiff filed a notice of motion and motion (only) on March 9, 2023, seeking an order compelling Defendant to serve further verified responses t...

Excerpt: ...fendant Bodega Latina Corporation dba El Super (“Defendant”). Plaintiff filed this action against Defendant Bodega Latina Corporation DBA El Super arising from Plaintiff's slip and fall accident at one of Defendant's stores. On March 21, 2023, Plaintiff Ana Vasquez (“Plaintiff”) filed a motion to compel further responses to her special interrogatories and a motion to compel further responses to her form interrogatories. In her form interr...

Excerpt: ... to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial. (Id., Rule 3.1332(c).)...

Excerpt: ...may be awarded in the action.” (C.C.P. § 1030(a).) To prevail on a motion under section 1040, the defendant must show (1) “that the plaintiff resides out of the state or is a foreign corporation” and (2) “that there is a reasonable possibility that the moving defendant will obtain judgment in the action.” (C.C.P. § 1030(b).) The motion can be brought at any time. (C.C.P. § 1030(a).) The trial court has no authority to deny the motion...

Excerpt: ...fense of immunity pursuant to Government Code section 831.4. On June 5, 2023, Plaintiff filed the instant motion for new trial. On June 15, 2023, Defendant City filed its opposition papers. As of July 26, 2023, no reply papers have been filed. Legal Standard “A motion for new trial is a creature of statute; . . .” (Neal v. Montgomery Elevator Co.¿(1992) 7 Cal. App. 4th 1194, 1198.) A movant must satisfy Code of Civil Procedure sections 657 a...

Excerpt: ...inclusive, for negligence arising from a motor vehicle incident that occurred on or about May 26, 2019 on the I-5 Freeway in Pacoima, California. On August 12, 2022, Defendants/Cross-Complainants Fook Choon Lee and PV Holding Corp. filed a cross-complaint against Defendants/Cross-Defendants Henry Muyomba, the Estate of Henry Muyomba, Susan Tamale Nantongo, and ROES 1 to 20. On May 11, 2022, the Court granted the request of Plaintiffs' counsel Kyl...

Excerpt: ...November 25, 2020, plaintiff Rosa Erika De Leon Fuentes (“Plaintiff”) sued defendants Carmen Maria Godinez and Carmen Denim, Inc., and DOES 1 to 100, inclusive, for 1) assault, 2) battery, 3) intentional infliction of emotional distress, 4) negligence, and 5) negligent hiring, supervision, and retention. On March 14, 2023, Plaintiff filed this motion to compel responses to Form Interrogatories, Set One from Defendant Carmen Maria Godinez (“...

Excerpt: ... Liability, and (5) Mandatory Duty to Protect Against Injuries. Plaintiff alleges that on or about September 28, 2018, Plaintiff fell when she was walking in West Hollywood due to unscrewed plates on the sidewalk across from Time Warner. On March 15, 2023, the Court granted Defendant City of West Hollywood's motions to compel Plaintiff to provide verified responses to form interrogatories, special interrogatories, and request for production of do...

Excerpt: ...ndants negligently entrusted, managed, maintained, drove, and operated defendants' vehicle involved in the collision. On June 9, 2023, Defendant Enterprise Rent-A-Car Company of Los Angeles, LLC (“Defendant') filed a demurrer. No opposition has been filed. Judicial Notice Defendant requests judicial notice of the Statement of Information for Enterprise Rent-A-Car Company of Los Angeles, LLC filed with the California Secretary of State. The Cour...

Excerpt: ...ssued to the Los Angeles Police Department to records relating to the incident in question. The Court grants the motion to quash the subpoena issued to the Los Angeles Fire Department. The Court denies Plaintiff's request for sanctions. Background On August 11, 2022, Plaintiff Robin Jean Zackery filed a Complaint against Defendant Oxford Grand, LLC. On May 24, 2023, the Court issued an order (on the stipulation of the parties) granting leave for ...

Excerpt: ...arty and a named defendant in the consolidated case, Weissman v. Petty, et al., Case No. 21STCV34351.) Plaintiff filed her motion on May 2, 2023. The dispute was not resolved at an Informal Discovery Conference held on June 13, 2023. Defendant filed his opposition on June 26, 2023, and Plaintiff filed her reply on June 30, 2023. The Court has reviewed the filings of the parties and issues the following tentative rulings. Analysis At his depositio...

Excerpt: ...ucking, Inc. On August 31, 2021, Plaintiff filed a complaint for motor vehicle negligence and general negligence against Defendants. On March 25, 2022, the Court granted the motion of Plaintiff's counsel to be relieved as counsel. The Order prepared by Plaintiff's counsel and signed by the Court identified Plaintiff's current address as “605 Fishburn Avenue” in Huntington Park, California. The proof of service of the Order filed by Plaintiff'...

Excerpt: ... 2021, while lawfully attending an event at 1001 S. Stadium Drive in Inglewood, California (the location of SoFi Stadium). On July 29, 2021, Plaintiff filed a complaint asserting causes of action for “general negligence” and “premises liability” against Defendants Pincay Re, LLC; Hollywood Park Management Company, LLC; Stadco LA, LLC (collectively referred to as “Defendants”), as well as others. On March 29, 2023, Defendants filed a m...

Excerpt: ... “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994).) A demurrer tests the pleadings alone and not the evidence or other ext...

Excerpt: ...l court may not refuse to hear a summary judgment motion filed within the time limits of section 437c.” (Sentry Ins. Co. v. Superior Court (1989) 207 Cal.App.3d 526, 529; accord Cole v. Superior Court (2022) 87 Cal.App.5th 84, 88.) Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. (CRC rule 3.1332(c).) The Court may grant a continuance only on an affirmative showing of good caus...

Excerpt: ...ll obtain leave of court to file any cross-complaint except one filed within the time specified in subdivision (a) or (b). Leave may be granted in the interest of justice at any time during the course of the action.” “If the proposed cross-complaint is permissive . . ., leave of court may be granted ‘in the interest of justice' at any time during the course of the action (CCP §428.50(c)). On the other hand, if the proposed cross-complaint ...

Excerpt: ... pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc., § 436; Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) The grounds for a motion to strike must “appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437.) Meet and Confer The ...

Excerpt: ...31, 2020, she was driving in Culver City, California, when she drove directly into a ditch, which she believes had been dug by Bernards Bros Inc. for Culver City. On December 14, 2021, Culver City and BBI (collectively, “Cross-Complainants”) filed a Cross-Complaint against Cross-Defendants Traffic Management, Inc. (“TMI”), Hardy & Harper, Inc., and Moes 1-20, inclusive, asserting causes of action for (1) total equitable indemnity, (2) exp...

Excerpt: ...ay obtain discovery . . . by taking in California the oral deposition of any person, including any party to the action.” (Code Civ. Proc., § 2025.010.) Where a deponent fails to appear at a deposition or produce documents at a deposition, Code of Civil Procedure section 2025.450 permits a party to seek a motion to compel a deposition. The motion is permissible after a party fails to appear without having served a valid objection pursuant to Co...

Excerpt: ...ued Angelica Bianca Diaz, Luis Rodriguez, and Does 1 through 50. Luis Rodriguez filed a cross-complaint against Diaz, and Diaz filed a cross-complaint against Luis Rodriguez. In the Marinero case, Plaintiffs Luis Felix Marinero, Ana Rodriguez, and Nathaly Rodriguez sued Diaz. On June 23, 2023, Luis Rodriguez filed a motion for determination of good faith settlement. On July 6, 2023, Angelica Bianca Diaz filed an opposition. On July 14, 2023, Rodr...

Excerpt: ...minating] sanctions against anyone engaging in conduct that is a misuse of the discovery process...." CCP section 2023.010 provides that "[m]issues of the discovery process include, but are not limited to, the following:... (d) Failing to respond or to submit to an authorized method of discovery.... (g) Disobeying a court order to provide discovery...." "The trial court may order a terminating sanction for discovery abuse 'after considering the t...

Excerpt: ...“Johnson”). (Id., ¶¶ 1, 13.) Khatami sues Johnson, Defendant NTI-CA, Inc., the alleged owner of the shuttle bus (“NTI”), and Does 1-25 in connection with the first accident. (Id., ¶¶ 4, 6, 11-21, 34-40, 42-50.) In the second accident, on May 24, 2020, Khatami alleges that he was driving a vehicle that collided with a Lexus driven and owned by Defendant Roberta Pauline Jones (“Jones”). (Id., ¶¶ 1, 5, 24.) Khatami sues Jones and D...

Excerpt: ... and severally, within 30 days of this order. Background On July 20, 2020, Plaintiff Stephanie E. Wantuch filed a complaint against Defendant Walmart, Inc. (“Defendant”), for general negligence, stemming from a slip and fall on water outside the bathroom at Walmart on September 25, 2018. On March 28 and April 1, 2022, Plaintiff served Defendant with form interrogatories (set two), special interrogatories (set two), request for production of d...

Excerpt: ...e instant motion to compel Plaintiff to attend a second independent medical examination. On July 5, 2023, Plaintiff filed an opposition. On July 11, 2023, Defendant filed a reply. Legal Standard Code of Civil Procedure (“CCP”) section 2032.220(a) provides: In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satis...

Excerpt: ... for evidentiary sanctions is granted in part as set forth below. Defendant's request for monetary sanctions is GRANTED. The Court orders Plaintiff Israel Alberto Hernandez Saavedra and counsel of record Igor Fradkin to pay sanctions in the amount of $1,185, jointly and severally, within 30 days of this order. Legal Standard Contempt Contempt is any act, in or out of court, “which tends to impede, embarrass or obstruct the court in the discharg...

Excerpt: ... and the stairs being wet. On March 1, 2023, the Court granted Defendant's motion for an undertaking. On April 12, 2023, the Court denied Plaintiff's motion for reconsideration but, on its own motion, set a briefing schedule and further hearing to determine whether the undertaking should be waived based upon Plaintiff's limited financial means. On May 18, 2023, the Court did not grant the waiver, but the ruling was without prejudice to Plaintiff ...