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: ..., 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...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ..., 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: ... (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: ...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...