Excerpt: ... Court for an order compelling Defendant E&S Management Ring Corp. (“Defendant”) to serve further responses to Plaintiff's Supplemental Interrogatories (Set One), Demand for Production of Documents (Set One), and Request for Production (Set Two) Nos. 61, 62, 64, and 65. On June 27, 2023, Defendant filed a consolidated opposition regarding the document requests. Plaintiff filed a reply on June 28, 2023. An information discovery conference (“...

Excerpt: ...a Tedesco (collectively, “Tedesco”) for negligence and negligence per se. On July 7, 2023, Tedesco filed the instant motions [1] to dismiss the complaint of Plaintiff for failure to comply with court ordered discovery. No opposition has been filed. Trial is currently set for October 17, 2023. LEGAL STANDARD The court is authorized, after notice and opportunity for hearing, to impose the following sanctions against anyone engaging in conduct t...

Excerpt: ...as driving in a vehicle owned by Herzog, Yuhas, Ehrlich & Ardell, APC (“Plaintiffs”) and files this action against Daniel Salin (“Defendant”). The instant Motions at issue are (1) Motion to Deem Request for Admissions Admitted by Plaintiff Webb; (2) Motion to Compel Responses by Plaintiff Herzog, Yuhas, Ehrlish & Ardell, APC to Form Interrogatories, Set One. All Motions request sanctions in the amount of $1,035.00 each. All three Motions ...

Excerpt: ... examination with psychologist Dr. Judy Ho. Plaintiff opposes the motions. Defendants reply to the opposition. ANALYSIS Per Code of Civil Procedure section 2032.310, a party that seeks to require another party to submit to a mental examination must obtain leave of court. The motion to compel a mental examination must specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and specialty of the per...

Excerpt: ...560. No opposition has been filed. ANALYSIS Code of Civil Procedure § 2030.220 requires that each answer to an interrogatory must be as “complete and straightforward as the information reasonably available to the responding party permits.” (Code Civ. Proc., § 2030.220.) Code of Civil Procedure § 2030.300(a) permits a propounding party to move for an order compelling a further response to an interrogatory if the propounding party deems that...

Excerpt: ...plaint alleging one cause of action of negligent infliction of emotional distress caused by Defendant Si Pokpongkiat, O.D. (“Defendant”). Plaintiff alleges that she “suffers anxiety, humiliation, anger, fear, undue duress and infliction of emotional distress due to the defendants actions, which plaintiff had to seek therapy for,” that she “continues to fear the long term effect minor child will suffer from wearing wrongly prescribed eye...

Excerpt: ..., John Paramo, Paulette Koss, Stacy Cashman, and Oscar Macias (collectively, Defendants) for negligence, negligent hiring and training and supervision, and intentional infliction of emotional distress in connection with a series of bullying incidents Plaintiff suffered while attending Luther Burbank Middle School. On June 30, 2023, Defendants filed a demurrer and motion to strike portions of the complaint. On June 19, 2023, Plaintiff filed an opp...

Excerpt: ...YSIS Legal Standard As an initial matter, it appears that American Zurich intended to move pursuant to subdivision (d) of Section 387 of the Code of Civil Procedure (“Section 387(d)”). (Memorandum of Points and Authorities, filed on May 30, 2023 (the “Motion”), pp. 2:13-3:6.) Section 387(d)(1) provides: “The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following condit...

Excerpt: ...s currently set for February 21, 2024, six (6) months and 19 days from the hearing on August 2, 2023. ANALYSIS “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 substantial interest in the action as a whole[; and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudi...

Excerpt: ... dates and deadlines, including discovery, expert discovery, and motion cut-off dates. ANALYSIS “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” (Cal. Rules of Court, rule 3.1332(a).) “A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the re...

Excerpt: ...er (Defendant) to Form Interrogatories, set one (FROG); Requests for Inspection and Production of Documents, Set Two (RPD). Plaintiff seeks monetary sanctions in connection with the two motions. Defendant opposes the motions. Plaintiff has filed replies. ANALYSIS Pursuant to Code of Civil Procedure section 2030.290, “[i]f a party to whom interrogatories are directed fails to serve a timely response . . . [t]he party to whom the interrogatories ...

Excerpt: ... that Plaintiff's opposition is late as it was served on July 24, 2023, less than nine (9) court days before the instant hearing on August 1, 2023. (See Code Civ. Proc., § 1005, subd. (b) [“All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days … before the hearing”].) However, “a trial court has broad discretion to accept or reject late-filed papers.” (Rancho Mira...

Excerpt: ...gust 10, 2023, 10:00 a.m., Mark R. Weiner & Associates, 655 North Central Avenue, 10th Floor Glendale, California 91203. Defendant also seeks an order requiring Plaintiff to produce at the deposition a written and photographic form of identification (e.g., a driver's license, passport, or identification card). Finally, Defendant seeks an order imposing sanctions of $1,066.99 against Plaintiff. ANALYSIS “If, after service of a deposition notice,...

Excerpt: ...oration, and Does 1 through 25 on June 7, 2019 for negligence and premises liability. Plaintiff alleges defendants own a building on Ventura Boulevard in Encino, California. On May 31, 2018, she rode the elevator in the building. The elevator fell four stories while she was riding it. She alleges she was injured in the fall. Plaintiff filed her operative second amended complaint on March 30, 2023. She now names as defendants Emmett LLC, Encino Ga...

Excerpt: ...eposition. Cross- Complainant has not filed an opposition to the motion. ANALYSIS Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent's attendance and testimony. (Code Civ. Proc., § 2025.450, subd. (a).) H...

Excerpt: ...ccident. On February 14, 2023, Defendants filed the initial motions to compel Plaintiff Joselyn Valentina Arenas Juarez's and Plaintiff Irma Juarez Perez's attendance at a deposition. They filed amended motions on April 28, 2023 for a different scheduled deposition date. On May 3, 2023, the Court granted Defendants' Motion for Ex Parte Relief Shortening Time to Bring the Motion to Compel Attendance in part and rescheduled the hearing to July 26, ...

Excerpt: ...ttlement defenses. Plaintiff has filed an opposition, and Defendant has filed a reply. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in a...