Excerpt: ...3. Defendant's answer was filed on July 29, 2022. On October 26, 2023, pursuant to stipulation, the Court continued trial and all related dates to April 25, 2024. On April 9, 2024, Plaintiff filed the instant motions to reopen discovery and continue trial. On April 11, 2024, the Court granted in part Plaintiff's ex parte application advancing the hearings on the instant motions. On the Court's own motion, the final status conference and trial set...

Excerpt: ...l & Casino” and “Parkwest Bicycle Casino”, an d Does 1 to 20 for the wrongful death of Decedent Jonathan Dongin Jung (“Decedent”). Plaintiffs alleges that Defendant's security guards attacked Decedent and caused his death.¿¿ On July 29, 2022, Plaintiffs filed a first amended complaint against Defendants TBC, L.P., dba “The Bicycle Hotel & Casino” and “Parkwest Bicycle Casino”, Parkwest Bicycle Casino LLC, and Does 2 to 20. On ...

Excerpt: ...2024. The discovery/motion cut -off is closed and the pre -trial motion cut -off remains in effect. (Min. Order, 3/19/24.) On March 13, 2024, Defendant Elizabeth Jane Downe (“Defendant”) filed the instant motion to augment her expert witness list to replace Karthik Kumar, M.D. and to substitute Lawrence Harter, M.D. as her expert radiologist. No opposition has been filed. LEGAL STANDARD On motion of any party who has engaged in a timely excha...

Excerpt: ...bruary 20, 2024 discovery order. No opposition has been filed. LEGAL STANDARD “To the extent authorized by the chapter governing any particular disco very 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 anyone engaging in conduct that is a misuse of the discovery process.” (Code Civ. Proc. section 2023.030.) The c...

Excerpt: ...grooves on the road, c ausing her injuries. On June 14, 2022, County of Los Angeles filed an answer. On July 22, 2022, City of Pico Rivera filed an answer. On March 28, 2024, Plaintiff filed the instant motion for leave to amend her complaint by removing the medical negligence cause of action, which was mistakenly added by prior counsel, and adding a dangerous condition of public property cause of action. Def endant City of Pico Rivera (“Defend...

Excerpt: ...el verified responses to Form Interrogatories, Set One, Specially Prepared Interrogatories, Set One, and Demand for Production, Set One propounded on Plaintiffs Erika Dominguez and James Roman Arevalo (“Plaintiffs”). Defendant also seeks monetary sanctions. No opposition has been filed. LEGAL STANDARD Requests for Admission Where there has been no timely response to a request for admission under Code of Civil Procedure section 2033.010, the p...

Excerpt: ...r employed by Lyft, Inc. (Complaint ¶ 5.) Defendant Lyft, Inc. (“Defendant”) now moves to disqualify Quinn Graham and the law firm of Rafii & Associates, P.C., the firm that represents Plaintiff. Defendant argues that Quinn Graham previously represented Defendant in automobile accidents like the i nstant case and has received confidential information. Defendant argues that because Graham is disqualified, the firm Rafii & Associates is vicari...

Excerpt: ...nding a motor vehicle accident. Plaintiff alleges the accident too k place on October 7, 2019, on the CA-118 freeway and that defendants Jack Schneider, Jack Benet, and Ever Morales were operating the motor vehicle. On October 11, 2023, Plaintiff dismissed Jack Benet from the complaint. On November 3, 2023, Defendant Jack Schneider filed a cross -complaint against Ever Morales, Jackelin Cordon, and Roes 1 to 20 for implied indemnity, comparative ...

Excerpt: ...sanctions. No opposition has been filed. LEGAL STANDARD Requests for Production Under Code of Civil Procedure Section 2031.300, if a party fails to serve a timely response to a demand for inspection, the party making the demand may move for an order compelling response to the demand. (Code Civ. Pro § 2031.300 (b).) The party who fails to serve a timely response to a demand for inspection waives any objection to the demand unless the court finds ...

Excerpt: ...plaint was filed August 10, 2023. Trial was set for February 6, 2025. Defendants filed various responsive pleadings and motions to strike. The second amended complaint was filed February 22, 2024. There has been no trial continuance in this case. 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 tri...

Excerpt: ...t.¿ Plaintiffs now move for terminating sanctions against Defendant Ernesto Ramos Esparza (“Defendant”) for failure to obey multiple discovery orders. They ask the Court to strike his answer and enter default. Defendant opposes and Plaintiffs 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...

Excerpt: ...pporting Motion OPPOSITION PAPERS 1. Plaintiff's Opposition 2. Plaintiffs' Separate Statement 3. Plaintiffs' Request to Take Judicial Notice 4. Plaintiffs' Objections to Defendants' Evidence 5. Compendium of Evidence in Support Volumes 1 –3 REPLY PAPERS 1. Reply 2. Defendants' Response to Plaintiffs' Separate Statement 3. Defendants' Objections to Evidence BACKGROUND On May 3, 2022, Plaintiffs Anaiya Smith, a minor, Jenell Nelson, and Jenine Ne...

Excerpt: ...oenas against Defendant Adan Villareal (“Defendant”), but denied the request for sanctions, given the procedural defect in filing the motion. (Min. Order, 2/27/24.) The Court found tha t the motion was served five days after the statutorily required deadline for notice. The Court granted a short continuance to give Defendant time to respond, but Defendant submitted on the tentative. The Court mailed notice of the order to Plaintiff on Februar...

Excerpt: ...STANDARD California Code of Civil Procedure section 1048 states: “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” Under California Rules of Court, rule 3.350, subdivisi...

Excerpt: ...y Metropolitan Transportation Authority (“LACMTA”), Oscar Renee Lopez Velasquez (“Velasquez”), and Does 1 to 50 for negligence, negligent hiring, tr aining, supervision, retention, and loss of consortium. Plaintiffs allege that Jacob Brown was struck by a bus driven by Velasquez in the course of his employment with LACMTA. Plaintiffs now move to compel the videotaped deposition of LACMTA's person most knowledgeable and request for product...

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: ...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: ...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...