Excerpt: ...f did not appear. Plaintiff had been ordered to appear personally. Upon oral request by Defendant, the Court dismissed the complaint without prejudice pursuant to Code of Civil Procedure section 581(b)(5). (Min. Order, 3/4/24.) On March 4, 2024, Plaintiff filed the instant motion to vacate the dismissal. Defendant opposes and Plaintiff replies. LEGAL STANDARD Under Code of Civil Procedure section 473(b), the Court may relieve a party from a dismi...

Excerpt: ...onetary 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 privilege and w ork product, unless “[t]he party has subsequently served a response that is in substantial compliance” and �...

Excerpt: ...mons and complaint on Defendant City of Los Angeles (“Defendant”). On March 21, 2023, default was entered against Defendant. On March 7, 2024, Defendant filed the instant motion to vacate and set aside the default under Code of Civil Procedure section 473(b) and on equitable grounds. Default judgment has not been granted against Defendant. Plaintiff opposes this motion. LEGAL STANDARD Under Code of Civil Procedure section 473(b), the Court ma...

Excerpt: ...March 8, 2024, the Court granted in part Defendant's ex parte application and continued trial to August 6, 2024. All discovery and pre -trial motion cut -off dates remain associated with the March 26, 2024 trial date “unless otherwise stipulated by the pa rties or subject to any motion to reopen discovery.” (Min. Order, 3/8/24.) On April 4, 2024, Defendant filed the instant motion to reopen discovery to run with the current August 6, 2024 tri...

Excerpt: ...). Defendant also seeks monetary sanctions. Plaintiff opposes. No reply 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 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. ...

Excerpt: ...fendant opposes and Plaintiff replies. LEGAL STANDARD Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party -affiliated deponent to attend and to testify, as well as to produce documents for inspection and copying. (Code Civ. Proc., § 2025.280, subd. (a).) ...

Excerpt: ...ntiff was granted on January 24, 2023. Plaintiff was ordered to serve verified responses, without objections, to discovery within 30 days of the Court's orders. (Min. Order, 1/24/23, 1/25/23.) On April 7, 2023, after Plaintiff failed to serve responses, the Court granted a motion for terminating sanctions and dismissed the complaint without prejudice. (Min. Order, 4/7/23.) Plaintiff failed to file an op position to the motion. On October 5, 2023,...

Excerpt: ... proof of service of the complaint, summons, and statement of damages on Defendant Fernando Gutierrez Jr. (“Defendant”) showing he was personally served on August 3, 2021. On October 18, 2021, default was entered against Defendant. On November 16, 2022, the Court granted default judgment against Defendant for $586,161.10 in damages and $574.10 in costs. Defendant now moves to set aside the default and default judgment under Code of Civil Proc...

Excerpt: ...rresponding request for production. 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 f...

Excerpt: ...ders. No opposition has been filed. 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 terminati...

Excerpt: ...r negligence a nd premises liability related to a trip and fall on a sidewalk. On February 22, 2024, Plaintiff filed an amendment to the complaint substituting Salvador Munoz, Trustee of Ana Maria Hernandez Trust as Doe 1. Defendant Salvador Munoz, as Trustee of the Ana Maria Hernandez Trust Dated 1/10/1994 (“Defendant”) now demurs to the complaint for failing to state facts to constitute a cause of action and for uncertainty. Plaintiff oppos...

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: ...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: ...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: ...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: ...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: ...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...