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Excerpt: ...ran Gonzalez's (“Gonzalez”) attendance at a deposition. Cross -Complainants also seek monetary sanctions. Defendants/Cross Defendants America's Bin Company, Inc. and Jaime Gonzalez (“Defendants”) oppose and Cross -Complainants reply. LEGAL STANDARD “If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it...

Excerpt: ...es to compel Defendant's deposition. Plaintiff also seeks monetary sanctions. Defendant opposes and Plaintiff replies. LEGAL STANDARD “If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in the deposition notice, the party giving the notice may move ...

Excerpt: ... the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose…sanctions against any one engaging in conduct that is a misuse of the discovery process.” (Code Civ. Proc. section 2023.030.) The court may impose a terminating sanction for misuse of the discovery process by any o...

Excerpt: ...ails to state facts to constitute a cause of action because it is barred by the statute of limitations. No opposition has been filed. LEGAL STANDARD The primary function of a pleading is to give the other party notice so that it may prepare its case [citation], and a defect in a pleading that otherwise properly notifies a party cannot be said to affect substantial rights.” ( Harris v. City of Santa Monica (2013) 56 Cal.4th 203, 240.) “ A demu...

Excerpt: ...ng. Defendants Macy's Retail Holdings, LLC and Kattya Liliana Juarez (“Defendants”) oppose and Plaintiff replies. A Non -Jury Trial is currently set for May 20, 2025, one (1) year and 28 days from the hearing on April 22, 2024. LEGAL STANDARD “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) [t]he party has a subs...

Excerpt: ...f opposes and Defendants reply. LEGAL STANDARD “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose…sanctions against any one engaging in conduct that is a misuse of the discovery process.” (Code Civ. Proc. section 2023.030.) The court may impose a terminating s...

Excerpt: ...endant's Compendium of Exhibits OPPOSITION PAPERS 1. Plaintiff's Opposition, Request for Continuance 2. Declaration of Jennifer Bagosy REPLY PAPERS 1. None filed. BACKGROUND On March 5, 2021, Plaintiff Cleotilde Armando Velasquez (“Plaintiff”) filed a complaint against Defendants Starkwood, Inc., Samsa Management, Albert H. Gatchalian, and Does 1 to 20 for general negligence and premises liability that occurred at 3316 Council Street, Los Ang...

Excerpt: ... 2023, the Court denied Plaintiff's motion to substitute the Estate of Anthony Leyva for Plaintiff and appoint Plaintiff's minor son, Kane Anthony Leyva as successor in interest under Code of Civil Procedure section 377.31. On December 20, 2023, Plaintiff filed the instant motion for leave to amend the complaint to replace Plaintiff with his son, Kane Anthony Leyva, a minor, to assert a survival action. Defendant Lyft, Inc. (“Defendant”) oppo...

Excerpt: ...023. Plaintiffs Marley Washington, Kenneth Washington, and Kimberly Hagan (“Plaintiffs”) oppose and Defendant replies. BACKGROUND The complaint was filed on April 25, 2022. This is a negligence action stemming from a motor vehicle accident, against Defendant and City of Hathorne (“City”). Trial was originally set for October 23, 2023. City's answer was filed on June 7, 2022. On August 8, 2023, pursuant to stipulation, the Court continued ...

Excerpt: ...endants Alexis Weng and Does 1 to 50 for negligence related to a motor vehicle accident. Defendant Alexis Weng (“Defendant”) filed an answer on February 25, 2022. On November 16, 2023, the Court granted Plaintiff's unopposed motions to compel Defendant's responses to Form Interrogatories, Set One and to deem admitted the Request for Admissions, Set One, served on Defendant. (Min. Order, 11/16/23.) The Court also imp osed $800 in monetary sanc...

Excerpt: ...nds for Production of Documents, Set One, Special Interrogatories, Set One , and Form Interrogatories, Set One. Defendant seeks monetary sanctions. No opposition has been filed. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses. (Code Civ. Proc. § 2030.290 (b).) Failure to timely respond waives all objections, including...

Excerpt: ...n receipt of an expert witness list from a party, any other party may take the deposition of any person on the list. The procedures for taking oral and written depositions set forth in Chapters 9 (commencing with Section 2025.010), 10 (commencing with Se ction 2026.010), and 11 (commencing with Section 2028.010) apply to a deposition of a listed trial expert witness except as provided in this article.” (Code Civ. Proc. § 2034.410.) “An exper...

Excerpt: ...ril 10, 2024. [1] Defendant replies. LEGAL STANDARD “If, after service of a deposition notice, a party to the action . . . , without having served a val id objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the producti...

Excerpt: ...PAPERS 1. Plaintiff's Memorandum of Points and Authorities in Opposition 2. Plaintiff's Separate Statement of Disputed and Undisputed Material Facts 3. Declaration of Josephine D. Far in Support 4. Table of Evidence in Support REPLY PAPERS 1. Defendant's Reply 2. Defendant's Response to Plaintiff's Undisputed Material Facts BACKGROUND On September 2, 2021, Plaintiff Jose Luis Antonio Guerra Guerra (“Plaintiff”), filed this action against Defe...

Excerpt: ...o., LLC (“NAI”). Plaintiff tripped on ADA mats outside La Mexicana Meat Market, that were installed by NAI. In this action, Defendant /Cross -Complainant Poiema Enterprise, Inc. dba La Mexicana Meat Market (“PEI”) filed a previous motion for determination of a good faith settlement. The Court denied the motion. (See Min. Order, 12/13/23.) PEI now moves again for an order that the settlement entered between Plaintiff Ameila Aguilar (“Pla...

Excerpt: ... amended complaint which was rejected. (See Notice of Rejection, 6/23/23.) On February 14, 2024, the Court granted a joint stipulation providing leave for Plaintiff to file a second amended complaint (“S AC”). On February 15, 2024, Plaintiff filed the operative SAC against Defendants La -Z -Boy Incorporated, Home Delivery Link Inc., On 2 the Next Logistix, LLC, Kristin Tyler James, Anthony Charles Scandrick, and Does 1 to 50, asserting the fo...

Excerpt: ...mall and stabbed customers with a knife. Plaintiff in this case alleges he was employed as a security guard by Watermark Security Group Inc., which had a contract with Target Corporation to guard the subject store. (SAC ¶ 1, 6.) Plaintiff alleges he responded to the subject stabbing, encountered the perpetrator, and ultimately rendered deadly force to stop the attack. (Id. ¶ 24.) Plaintiff initially alleged causes of action for (1) breach of ex...

Excerpt: ...ounty of Los Angeles (“County”) and Los Angeles County Sheriff's Department (erroneously sued separately) for damages arising from Decedent's death while in Men's Central Jail at 441 Bauchet St., Los Angeles, CA, 90012. Plaintiff alleged the following causes of action: (1) negligence, (2) wrongful death, and (3) premises liability. On August 22, 2023, the Court granted County's motion for judgment on the pleadings with leave to amend within 2...

Excerpt: ...mely response to a request for admission under Code of Civil Procedure section 2033.010, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction. (Code of Civ. Proc., § 2033.280, subd. (b).) The party who failed to respond waives any objections to the demand, unless the court grants that party relief from the wa...

Excerpt: ...d objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in th e deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document . . . described in the deposition notice.” (Code Civ. Proc., § 2025.450, subd. (a). ) “A motion under subdivision (a...

Excerpt: ...ved a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in th e deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document . . . described in the deposition notice.” (Code Civ. Proc., § 2025.450, subd. (a). ) “A motion under subd...

Excerpt: ...tion for leave to submit tardy expert witness information under Code of Civil Procedure sections 2034.710 and 2034.720. Trial is currently scheduled for May 1, 2024. No opp osition has been filed. LEGAL STANDARD Code of Civil Procedure section 2034.710 states the following: (a) On motion of any party who has failed to submit expert witness information on the date specified in a demand for that exchange, the court may grant leave to submit that in...

Excerpt: ...), Slavko Ivanci c (Slavko), Gerald Fitzgerald and Susan Fitzgerald on September 7, 2000 (LASC Case No. BC236431). The initial action was voluntarily dismissed in 2002. Plaintiff refiled the action on July 17, 2018 against John and Slavko. On September 6, 2018, Slavko filed his Answer, along with his Cross -Complaint against Gerald and Susan Fitzgerald. Slavko died on November 13, 2018. Slavko's estate was substituted in a s a defendant on July 2...

Excerpt: ... Angeles, Count y of Los Angeles, State of California, and Does 1 to 50 for negligence surrounding a motor vehicle accident. Plaintiff alleges that on December 5, 2022, Defendant Clayton Tell Anderson collided with her vehicle while in the scope of employment with the co -defendants in this action. (Complaint ¶ 26.) Between January 25, 2024 and February 13, 2024, the Court dismissed the following defendants pursuant to Plaintiff's request: Count...

Excerpt: ...n an Uber/Lyft vehicle being operated by Chaiwat Namsangpa. (Complaint ¶ 4.) On July 24, 2023, Plaintiffs filed a proof of service of the summons and complaint on Defendant Chaiwat Namsangpa (“Defendant”) via substitute service. On August 28, 2023, Defendant filed an answer. Defendant now moves for a protective order under Code of Civil Procedure section 2025.420 asking that Plaintiffs be precluded from seeking discovery responses until Defe...

Excerpt: ...es resulting from a motor vehicle accident. Plaintiffs now move to compel the deposition of Western Freight Carrier, Inc.'s person most qualified (“PMQ”). Plaintiffs also seeks monetary sanctions. Defendants Western Freight Carrier, Inc. (“Defendant”) opposes and seek monetary sanctions. Plaintiffs reply. LEGAL STANDARD Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any part...

Excerpt: ...To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose…sanctions against any one engaging in conduct that is a misuse of the discovery process.” (Code Civ. Proc. section 2023.030.) The court may impose a terminating sanction for misuse of the discovery process by any...

Excerpt: ... December 12, 2022. Defendant now moves for judgment on the pleadings based on the Request for Admissions that were deemed admitted against Plaintiff. Plaintiff opposes and Defendant replies. LEGAL STANDARD The standard for ruling on a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer, that is, under the state of the pleadings, together with matters that may be judicially noticed, it appears tha...

Excerpt: ... counsel's motion to be relieved. Defendant now demurs to the second cause of action in Plaintiff's complaint, for general negligence. No opposition was filed. LEGAL STANDARD The primary function of a pleading is to give the other party notice so that it may prepare its case [citation], and a defect in a pleading that otherwise properly notifies a party cannot be said to affect substantial rights.” ( Harris v. City of Santa Monica (2013) 56 Cal...

Excerpt: ...s originally set for February 6, 2024. On January 5, 2024, pursuant to stipulation, the Court continued trial to August 6, 2024. ANALYSIS Legal Standard “Continuances are granted only on an affirmative showing of good cause requiring a continuance.”¿ ( In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.)¿ A trial court has broad discretion in considering a request for a trial continuance.¿ ( Pham v. Nguyen (1997) 54 Cal.App.4...

Excerpt: ...edly falling after being transported to her home from a health care facility. Plaintiff now moves for an order granting a preferential trial date in this action, pursuant to Code of Civil Procedure section 36, subdivision (a) (“Section 36(a)”), and alternatively under section 36(e), for trial within 120 days from the date of this he aring. Defendant OMID ADHC Corporation (“Defendant”) opposes and Plaintiff replies. A Non -Jury Trial is cu...

Excerpt: ...ry Judgment 2. Plaintiff's Response to Separate Statement 3. Plaintiff's Objections to Evidence 4. Declaration of Gary M. Gsell 5. Declaration of John C. Sotter 6. Plaintiff's Compendium of Evidence REPLY PAPERS 1. Defendant's Reply 2. Defendant's Evidentiary Objections to Declaration of Gary M. Gsell 3. Defendant's Evidentiary Objections to Declaration of John C. Sotter BACKGROUND On May 2, 2022, Plaintiff Je'Don Hopkins (“Plaintiff”), filed...

Excerpt: ...n a wrongful death and survival action based on neglige nce and premises liability. Plaintiffs are the parents of Decedent Christopher Ryan Brown (“Decedent”) who is alleged to have drowned during a pool party on Defendants' property. Defendants Bonnie Furgurson, James Furgurson, and Katherine Furgurson (“Defendants”) now move for judgment on the pleadings arguing that Plaintiffs have not stated facts to constitute a cause of action. In p...

Excerpt: ...es 1 to 10 for negligence and negligent entrustment surrounding a motor vehicle accident. Plaintiffs alle ge that Matthew Ellison was driving the subject car, which was rented from and owned by The Hertz Corporation. Defendants Matthew Ellison and The Hertz Corporation (“Defendants”) now move to compel the depositions of Plaintiffs Eduard Davtyan and Grigor Davtyan (“Plaintiffs”). Defendants seek monetary sanctions. Plaintiffs oppose and ...

Excerpt: ...ary 18, 2024. Counsel for defendant submitted on the Court's tentative ruling. Counsel for Plaintiffs was registered to appear but did not. Plaintiffs appeared in Court indicating they wished to conte st the motion. Since Plaintiffs' counsel did not appear and failed to contact the Court, the motion was placed off calendar. Plaintiffs' counsel then filed this motion on January 22, 2024. No opposition has been filed. LEGAL STANDARD Pursuant to Cod...

Excerpt: ...learned that Plaintiff had passed away. (Motion, 3.) Believing that Plaintiff had no successor in interest, Plaintiff requested that the action be dismissed without prejudice. On July 13, 2023, the Court entered dismissal. On January 10, 2024, Plaintiff filed this motion to set aside the dismissal pursuant to Code of Civil Procedure section 473(b). No opposition has been filed. LEGAL STANDARD Under Code of Civil Procedure section 473(b), the Cour...

Excerpt: ...ement of Defendants 3. Declaration of Erin Dunkerly 4. Defendants' Compendium of Evidence in Support OPPOSITION PAPERS: 1. Plaintiffs' Memorandum of Points and Authorities in Opposition 2. Plaintiffs' Separate Statement in Opposition and Plaintiffs' Statement of Additional Undisputed Facts 3. Plaintiffs' Objections to Defendants' Evidence in Support 4. Compendium of Evidence in Support of Plaintiffs' Opposition REPLY PAPERS: 1. Defendants' Reply ...

Excerpt: ...lternative, Summary Adjudication; Memorandum of Points and Authorities 2. Separate Statement of Undisputed Material Facts 3. Declaration of Amy Aquino in Support OPPOSITION PAPERS 1. Plaintiffs' Opposition 2. Plaintiffs' Response to Defendants' Separate Statement 3. Plaintiffs' Objections to Evidence 4. Declaration of Catherine Lerer in Support and Supporting Exhibits 5. Declaration of Roy Huntsman in Support and Supporting Exhibits 6. Notice of ...

Excerpt: ...ing from an automobile incident. The complaint sets forth a single cause of action for negligence, and includes a prayer for punitive damages. Defendant now moves to strike the prayer for punitive damages and any and all reference to punitive or exemplary damages. Any opposition was due on or before March 13, 2024; the motion is unopposed. II. MOTION TO STRIKE 1. Meet and Confer Before filing a demurrer and motion to strike, the demurring and mov...

Excerpt: ...Points and Authorities 2. Separate Statement of Undisputed Material Facts 3. Evidence in Support of Motion OPPOSITION PAPERS 1. Plaintiff's Opposition to Motion for Summary Judgment 2. Plaintiff's Statement of Genuine Issues Submitted in Opposition 3. Declaration of Brian T. Dunn and Exhibits 4. Defendant City of Los Angeles' Opposition to Defendant's Motion 5. Defendant City of Los Angeles' Opposition to Defendant's Separate Statement REPLY PAPE...

Excerpt: ..., Plaintiff filed an amendment to the complaint, substituting Allstate Building and Office Maintenance, Inc. as Doe 1. On August 25, 2023, Defendant First Church of the Nazarene of Pasadena, individually and dba Sunrise Preschool, filed a cross complaint against Allstate Building and Office Maintenance, Inc. and Roes 1 to 50 for implied contractual indemnification, equitable indemnification, and declaratory relief. On September 20, 2023, Allstate...

Excerpt: ...2023, Plaintiff filed an amendment to the complaint, substituting Allstate Building and Office Maintenance, Inc. as Doe 1. On August 25, 2023, Defendant First Church of the Nazarene of Pasadena, individually and dba Sunrise Preschool, filed a cross complaint against Allstate Building and Office Maintenance, Inc. and Roes 1 to 50 for implied contractual indemnification, equitable indemnification, and declaratory relief. On September 20, 2023, Alls...

Excerpt: ... a motor vehicle accident that occurred on Ap ril 30, 2021. Vasquez was allegedly operating a vehicle while in the scope of employment with Red Bull. Plaintiff also alleges that Red Bull negligently “operated, owned, entrusted, managed, maintained, and/or repaired the subject motor vehicle.” (Complaint, 6.) On August 16, 2022, Plaintiff filed amendments to the complaint, substituting Red Bull Distribution Company, Inc. as Does 1, 11, 21, and ...

Excerpt: ..., 2023, the parties stipulated to continue trial to January 4, 2024. On July 5, 2023, Defendant's current counsel was substituted into the case. On September 18, 2023, the Court granted in part Defendant's motion to continue trial and all related dates to April 30, 2024. The Court denied the request to continue trial to August 2024. (Min. Order, 9/18/23.) ANALYSIS Legal Standard “Continuances are granted only on an affirmative showing of good c...

Excerpt: ... Defendant also seeks monetary sanctions. The motions were originally scheduled for March 14, 2024 and March 15, 2024. Plaintiff filed untimely oppositions on March 13, 2024, and the Court continued the hearings to the present date. (Min. Order 3/14/24.) On March 18, 2024, Defendant filed a reply. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an ...

Excerpt: ...and Humberto Silva did not respond to the complaint. On January 10, 2023, the Court entered default against Humberto Silva. On July 5, 2023, the Court entered default against Legacy Freight Lines. On November 27, 2023, non -party United Specialty Insurance Company (“United”) filed the instant motion for leave to intervene and defend the action brought against Legacy Freight Lines and Humberto Silva. No opposition has been filed. LEGAL STANDAR...

Excerpt: ...s in Opposition 3. Plaintiff's Evidence in Opposition REPLY PAPERS 1. Defendant's Reply 2. Defendant's Reply to Plaintiff's Separate Statement 3. Declaration of Jessica Kim in Support BACKGROUND On May 7, 2021, Plaintiff Ashout Shahnazarian (“Plaintiff”) filed a complaint against Defendants Route 66 Collision Center, Inc., Gevorg Nersisyan, and Does 1 to 100 for negligence and premises liability. Plaintiff alleges that on October 4, 2019, he ...