Excerpt: ... on July 19, 2018 wherein Plaintiff slipped on a substance while grocery shopping at one of Defendant's stores. Defendant now moves to compel the second session deposition of Plaintiff. Plaintiff filed her opposition on June 27, 2023. Defendant filed its reply on August 10, 2023, which included a request for monetary sanctions against Plaintiff and her attorney of record, jointly and severally, in the amount of $1,810.00. ANALYSIS “Once any par...

Excerpt: ...Does 1 to 50 for general negligence and premises liability in connection with a slip-and-fall incident. Defendant Miguel Velasquez dba Montebello Racing Stables (“Defendant”) cross-complained against Roes 1 through 20 for express indemnification, equitable indemnification, equitable contribution, declaratory relief: duty to defend, and declaratory relief: duty to indemnify. On July 26, 2023, Defendant filed a motion to compel Plaintiff's atte...

Excerpt: ...nce ISO Motion for Summary Judgment filed on 4/20/23 OPPOSITION PAPERS (Plaintiff): 1. Opposition to Motion for Summary Judgment filed on 6/21/23 2. Separate Statement of Material Facts in Opposition filed on 6/21/23 3. Evidence and Appendix of Exhibits ISO Opposition filed on 6/21/23 4. Objections to Defendant's Evidence ISO its Motion filed on 6/21/23 OPPOSITION PAPERS (Defendant Iles): 1. Opposition to Motion for Summary Judgment filed on 6/23...

Excerpt: ...m ceiling collapsed on Plaintiff's head while Plaintiff was on premises owned, leased, or operated by the defendants. On March 6, 2023, Plaintiff filed an amendment to complaint substituting First Reliable Maintenance in for Doe 1. Now, Defendants Lotus Property Services, Inc. and First Reliable Maintenance (“Movants”) moves to compel Plaintiff to submit to a neuropsychiatric examination, which shall be conducted by Dr. Saint Martin at his of...

Excerpt: ... and fall incident that Plaintiff suffered when he fell down a flight of stairs at Defendant's premises. Defendant now moves the Court to dismiss this action on the grounds that Plaintiff lacks standing, this action was filed for improper purpose and to perpetuate an ongoing fraud, Plaintiff's allegations have no evidentiary support, and this action is barred under the doctrine of unclean hands. Plaintiff opposes the motion. Defendant has filed a...

Excerpt: ... 2018 when Dora Griselda Portillo (“Plaintiff”) alleges she was hit by Sophia Ingrid Santalucia (“Defendant Santalucia”) while driving. Defendant Santalucia was driving a rental car from Hertz Vehicles LLC (“Defendant” or “Defendant Hertz”) when the collision occurred. Plaintiff filed her Complaint on September 18, 2022. Plaintiff filed four discovery motions: (1) Motion to Deem RFAs Admitted, (2) Motion to Compel Responses to For...

Excerpt: ... (“Dr. Bolling”). Plaintiff opposes the motions. Defendants reply to the opposition. ANALYSIS Except for one examination in personal injury cases, and examinations arranged by stipulation, a court order is required for a physical or mental examination. Such order may be made only after notice and hearing, and for “good cause shown.” (Code Civ. Proc., §2032.320(a).) Where the plaintiff's injuries are complex, several exams may be necessar...

Excerpt: ...n incident in which Plaintiff was purportedly assaulted and battered by an assailant who was sent to attack Plaintiff by a Chrome Hearts' employee. On March 29, 2023, Plaintiff filed the operative first amended complaint alleging the causes of action for assault and battery against the Defendants. Defendant Chrome Hearts demurs to the first amended complaint in its entirety. Plaintiff opposes the demurrer. Plaintiff has also filed a motion for le...

Excerpt: ...Los Angeles County Metropolitan Transportation Authority (“Defendant”) opposes the motion. ANALYSIS While Plaintiff has characterized the instant motion as a “Motion to Set Aside/Vacate Dismissal,” the Court previously issued its decision on this very issue on May 5, 2023 when Plaintiff first attempted to set aside the dismissal. As a result, Plaintiff's renewed motion to set aside the dismissal is effectively a motion for reconsideration...

Excerpt: ... Civil Procedure § 128.5. Plaintiff Michael Barakat (“Plaintiff”) opposes the instant motion. Samayoa has filed a reply. ANALYSIS Quash Service of Summons First, Samayoa moves to quash service of summons and complaint for Plaintiff's failure to comply with Code of Civil Procedure § 474. California Code of Civil Procedure § 474 permits the designation of a defendant by a fictitious name when the plaintiff is ignorant of the defendant's name...

Excerpt: ...tember 13, 2023, to April 2024. Plaintiff Ulrike Ziller (“Plaintiff”) opposes the continuance. Defendants have filed a reply. ANALYSIS “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.4th 11, 13-18.) Califor...

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