Excerpt: ...n a wrongful death and survival action based on neglige nce and premises liability. Plaintiffs are the parents of Decedent Christopher Ryan Brown (“Decedent”) who is alleged to have drowned during a pool party on Defendants' property. Defendants Bonnie Furgurson, James Furgurson, and Katherine Furgurson (“Defendants”) now move for judgment on the pleadings arguing that Plaintiffs have not stated facts to constitute a cause of action. In p...

Excerpt: ...ement of Defendants 3. Declaration of Erin Dunkerly 4. Defendants' Compendium of Evidence in Support OPPOSITION PAPERS: 1. Plaintiffs' Memorandum of Points and Authorities in Opposition 2. Plaintiffs' Separate Statement in Opposition and Plaintiffs' Statement of Additional Undisputed Facts 3. Plaintiffs' Objections to Defendants' Evidence in Support 4. Compendium of Evidence in Support of Plaintiffs' Opposition REPLY PAPERS: 1. Defendants' Reply ...

Excerpt: ...lternative, Summary Adjudication; Memorandum of Points and Authorities 2. Separate Statement of Undisputed Material Facts 3. Declaration of Amy Aquino in Support OPPOSITION PAPERS 1. Plaintiffs' Opposition 2. Plaintiffs' Response to Defendants' Separate Statement 3. Plaintiffs' Objections to Evidence 4. Declaration of Catherine Lerer in Support and Supporting Exhibits 5. Declaration of Roy Huntsman in Support and Supporting Exhibits 6. Notice of ...

Excerpt: ...ing from an automobile incident. The complaint sets forth a single cause of action for negligence, and includes a prayer for punitive damages. Defendant now moves to strike the prayer for punitive damages and any and all reference to punitive or exemplary damages. Any opposition was due on or before March 13, 2024; the motion is unopposed. II. MOTION TO STRIKE 1. Meet and Confer Before filing a demurrer and motion to strike, the demurring and mov...

Excerpt: ...Points and Authorities 2. Separate Statement of Undisputed Material Facts 3. Evidence in Support of Motion OPPOSITION PAPERS 1. Plaintiff's Opposition to Motion for Summary Judgment 2. Plaintiff's Statement of Genuine Issues Submitted in Opposition 3. Declaration of Brian T. Dunn and Exhibits 4. Defendant City of Los Angeles' Opposition to Defendant's Motion 5. Defendant City of Los Angeles' Opposition to Defendant's Separate Statement REPLY PAPE...

Excerpt: ..., Plaintiff filed an amendment to the complaint, substituting Allstate Building and Office Maintenance, Inc. as Doe 1. On August 25, 2023, Defendant First Church of the Nazarene of Pasadena, individually and dba Sunrise Preschool, filed a cross complaint against Allstate Building and Office Maintenance, Inc. and Roes 1 to 50 for implied contractual indemnification, equitable indemnification, and declaratory relief. On September 20, 2023, Allstate...

Excerpt: ...2023, Plaintiff filed an amendment to the complaint, substituting Allstate Building and Office Maintenance, Inc. as Doe 1. On August 25, 2023, Defendant First Church of the Nazarene of Pasadena, individually and dba Sunrise Preschool, filed a cross complaint against Allstate Building and Office Maintenance, Inc. and Roes 1 to 50 for implied contractual indemnification, equitable indemnification, and declaratory relief. On September 20, 2023, Alls...

Excerpt: ... a motor vehicle accident that occurred on Ap ril 30, 2021. Vasquez was allegedly operating a vehicle while in the scope of employment with Red Bull. Plaintiff also alleges that Red Bull negligently “operated, owned, entrusted, managed, maintained, and/or repaired the subject motor vehicle.” (Complaint, 6.) On August 16, 2022, Plaintiff filed amendments to the complaint, substituting Red Bull Distribution Company, Inc. as Does 1, 11, 21, and ...

Excerpt: ..., 2023, the parties stipulated to continue trial to January 4, 2024. On July 5, 2023, Defendant's current counsel was substituted into the case. On September 18, 2023, the Court granted in part Defendant's motion to continue trial and all related dates to April 30, 2024. The Court denied the request to continue trial to August 2024. (Min. Order, 9/18/23.) ANALYSIS Legal Standard “Continuances are granted only on an affirmative showing of good c...

Excerpt: ... Defendant also seeks monetary sanctions. The motions were originally scheduled for March 14, 2024 and March 15, 2024. Plaintiff filed untimely oppositions on March 13, 2024, and the Court continued the hearings to the present date. (Min. Order 3/14/24.) On March 18, 2024, Defendant filed a reply. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an ...

Excerpt: ...and Humberto Silva did not respond to the complaint. On January 10, 2023, the Court entered default against Humberto Silva. On July 5, 2023, the Court entered default against Legacy Freight Lines. On November 27, 2023, non -party United Specialty Insurance Company (“United”) filed the instant motion for leave to intervene and defend the action brought against Legacy Freight Lines and Humberto Silva. No opposition has been filed. LEGAL STANDAR...

Excerpt: ...nulfo Solis Bermejo as Doe 2. Defendant Arnulfo Solis Bermejo (“Defendant”) now demurs to the complaint for failing to state facts to constitute a cause of action and for uncertainty. Plaintiff opposes and Defendant replies. LEGAL STANDARD A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading (complaint, answer or cr...

Excerpt: ...s negligently hired, trained, supervised its employees. On August 24, 2023, Plaintiff filed an amendment to the complaint, substituting Krishan Patel (“Patel”) as Doe 1. On February 22, 2024, Plaintiff filed the instant motion for leave to file an amended complaint to add a cause of action for intentional tort (assault and battery) against Patel and to allege gross negligence and a prayer for punitive damages against Defen dants Grandview Inn...

Excerpt: ...s in Opposition 3. Plaintiff's Evidence in Opposition REPLY PAPERS 1. Defendant's Reply 2. Defendant's Reply to Plaintiff's Separate Statement 3. Declaration of Jessica Kim in Support BACKGROUND On May 7, 2021, Plaintiff Ashout Shahnazarian (“Plaintiff”) filed a complaint against Defendants Route 66 Collision Center, Inc., Gevorg Nersisyan, and Does 1 to 100 for negligence and premises liability. Plaintiff alleges that on October 4, 2019, he ...

Excerpt: ...ruary 14, 2022. On April 27, 2023, pursuant to stipulation, the Court continued trial and all related deadlines to February 1, 2024. At the January 18, 2024 final status conference, pursuant to oral stipulation, the Court continued trial to February 15, 2024. All discovery remained closed and the pre- trial motion cut off was in effect. (Min. Order, 1/18/24.) On January 26, 2024, the Court granted in part Defendant's ex parte application, and con...

Excerpt: ...t to the complaint, substituting Miguel Magallon as Doe 1. Specially Appearing Defendant Miguel Magallon (“Magallon”) now moves to quash the Doe Amendment. No opposition has been filed. LEGAL STANDARD “A defendant . . . may serve and file a notice of motion for one or more of the following purposes:¿ (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. . . .”¿(Code Civ. Proc., § 418.10(a)....

Excerpt: ...s. Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant)” now moves to allow a neurological examination and orthopedic examination of Plaintiff on the same date. No opposition was filed. At the hearing for this motion, Plaintiff did not appear. The Court posted a tentative ruling indicating that the Court was inclined to grant in part and deny in part Defendant's motion. The Court granted Defendant's request for a co...

Excerpt: ...POSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Declaration of Anthony M. Crisci; and Exhibits. 2. Plaintiff's Response to Defendant's Separate Statement 3. Objections to Evidence Submitted in Support of Plaintiff's Opposition REPLY PAPERS: 1. Defendant's Reply 2. Defendant's Response to Plaintiff's Separate Statement 3. Reply to Plaintiff's Response to Defendant's Separate Statement 4. Notice of Errata BACKGROUND Plaintiff Januari...

Excerpt: ...mat. Plaintiff now moves to compel the deposition of North Atlantic Investment Co., LLC's (“Defendant”) president, Moon Y. Kang. Plaintiff also seeks monetary sanctions. Defendant opposes and Plaintiff replies. LEGAL STANDARD “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party . . . , without having served a valid objection under Section 2025.410, fails to appear f...

Excerpt: ...ed th e complaint to allege Southern California Edison Company as Doe 1. On October 13, 2023, Defendant served a deposition notice on Plaintiff, requesting a deposition and request for production on October 24, 2023. (Yegazarian Decl. ¶ 8, Exh. D.) Plaintiff did not file any objections and appeared for the deposition without pr oducing said documents. (Ibid.) Defendant now moves to compel the production of the documents requested in the depositi...

Excerpt: ...e accident that allegedly occurred on June 15, 20 20. Defendants now move for leave to conduct a neuropsychological examination of Plaintiff, with Dr. Manuel Saint Martin, M.D. on March 20, 2024. Plaintiff opposes and Defendants reply. LEGAL STANDARD “If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain lea...

Excerpt: ...ndez dba H&H Pallet Company, and Does 1 to 50 for negligence and negligence per se. On August 2, 2023, Plaintiffs filed an amendment to the complaint, substituting Defendant Tere Pallets Corporation (“Defendant”), as Doe 26. Defendant now demurs to the entire complaint on the basis that it fails to state facts to constitute a cause of action. Plaintiffs oppose and Defendant replies. LEGAL STANDARD The primary function of a pleading is to give...

Excerpt: ...e Ahyden Herrera is a minor, Aida was appointed guardian ad litem on March 11, 2019. On June 28, 2022, Plaintiffs filed a notice of settlement of the entire case. On September 14, 2022, Plaintiffs' action was dismissed with prejudice, pursuant to Plaintiffs' request for dismissal. (Dismissal filed 9/13/22.) On February 21, 2024, Plaintiffs filed the instant motion to set aside and vacate the dismissal so that they may file a petition to approve a...

Excerpt: ...ry 22, 2019. On November 8, 2023, Defendants Jerome Lee Brandehoff and The Hertz Corporation (“Defendants”) issued a subpoena for records to T -Mobile USA, Inc., seeking Plaintiff's phone records for the entire day of the incident. Plaintiff now moves to quash the subpoena, arguing that it is irrelevant, overly board, violates her right of privacy, and not compliant with the Code of Civil Procedure. Plaintiff also seeks monetary sanctions. De...

Excerpt: ...while Plaintiff was riding on a bus. On December 30, 2021, Plaintiff filed an amendment to the complaint, substituting Defendant Antoine Dean Jackson (“Jackson”) as Doe 2. On March 25, 2022, Jackson filed an answer. On December 11, 2023, Jackson filed a cross complaint against Los Angeles County Metropolitan Transportation Authority (“LACMTA”). LACMTA now moves to compel Jackson's deposition. LACMTA also seeks monetary sanctions. Jackson ...