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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...��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: ...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: ...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: ...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...