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