Excerpt: ...NDARD “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 proce...

Excerpt: ...Shumsdean Ismail 5. Declaration of Counsel Richard Nagby OPPOSITION PAPERS 1. None filed. REPLY PAPERS 1. None filed. BACKGROUND On November 2, 2021, Plaintiff Amanda Williams (“Plaintiff”) filed a complaint against Defendants Sufi Ismail, Cars4Less, Salvador Cisneros, and Does 1 to 100 for negligence surrounding a motor vehicle accident. The complaint alleges that the motor vehicle accident occurred on September 24, 2020, on the 110 freeway....

Excerpt: ...t medical examinations. Plaintiff opposes and Defendant replies. LEGAL STANDARD ¿ Physical Examination “In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2) The examination is conducted at...

Excerpt: ... Defendant Smart & Final Stores, LLC (“Defendant”) with Demand for Production of Documents, Set Two. (Guillen Decl. ¶ 3, Exh. A.) The responses were due on November 14, 2023. (Id. ¶ 3.) Plaintiff asserts she did not gra nt any extensions to respond. On November 28, 2023, Plaintiff informed Defendant that responses were late and demanded responses, without objections, by December 1, 2023. On November 29, 2023, Defendant served responses with...

Excerpt: ...s and Defendant 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 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 inspe...

Excerpt: ...e fective treadmill at a gym. The complaint alleges causes of action for negligence and premises liability. Guillermo Munoz Mirano, Berta Mirano's husband, also alleges a cause of action for loss of consortium. On July 7, 2021, Defendant Fitness International, LLC (“Defendant”) filed an answer. On September 28, 2023, the Court granted Defendant's motion for summary judgment. Judgment for Defendant was entered on November 13, 2023. On November...

Excerpt: ...either party. On January 8, 2024, the case was called for trial and there was no appearance by Plaintiff, and no service in this case. As a result, the Court dismi ssed the complaint filed by Plaintiff pursuant to Code of Civil Procedure section 581(b)(3). (Min. Order, 1/8/24.) On February 23, 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 STANDA...

Excerpt: ... the Court, Defendants Harrie Cohen and Evan Cohen filed a cross complaint against 118 Clark Homeowners Association. On January 11, 2024, Plaintiff filed an amendment to the complaint, substituting Defendant 118 Clark Homeowners Association (“Defendant”) as Doe 1. On February 9, 2024, Plaintiff filed the instant motion for leave to file an amended complaint to assert that Doe 1 is a corporation. Defendant opposes and Plaintiff replies. LEGAL ...

Excerpt: ...AHF, and that Defendant failed to respond to warnings about a violent tenant who later shot Plaintiff on July 26, 2022. (Complaint ¶ 42.) ¿ On November 8, 2023, AHF filed a cross complaint against County of Los Angeles, County of Los Angeles' Sheriff's Department, Omar Deayon, and Does 1 to 10 for failure to perform a mandatory duty and equitable indemnity. AHF alleges that it obtained a writ of possession against the tenant who shot Plaintiff,...

Excerpt: ...injuries related to a motor vehicle accident that occurr ed on January 14, 2022. On December 16, 2022, Cross Complainants Gregory Wyatt Kupka and Nancy E. Kupka (“Cross Complainants”) filed an answer and cross complaint against Cross Defendants Glendale Fire Department and Connor James Crampton (“Cross Defendants”) for indemnity and co ntribution. On December 7, 2023, Cross Defendants filed an answer to the cross complaint. Cross Defendan...

Excerpt: ...udgment, or in the Alternative Summary Adjudication 3. Request for Judicial Notice 4. Evidence in Support of Defendants' Motion OPPOSITION PAPERS: 1. Memorandum of Points and Authorities in Support of Plaintiff's Opposition 2. Plaintiff's Separate Statement of Disputed and Undisputed Material Facts and Additional Disputed Facts 3. Request for Judicial Notice 4. Declaration of Oscar A. Bustamante 5. Declaration of Demetra Lipkins 6. Declaration of...

Excerpt: ...ember 21, 2022, Plaintiff Rosa Yen (“Plaintiff”) propounded Form Interrogatories, Set One on Defendant Ernesto Ramos Esparza (“Defendant”). (Padgette Decl. ¶ 2, Exh. 1.) Defendant served responses dated December 13, 2022, after receiving multiple ex tensions. (Id. ¶ 3, Exh. 2.) Plaintiff moves to compel further responses to Form Interrogatories, Set One. Plaintiff argues Defendant has only asserted boilerplate objections. Plaintiff requ...

Excerpt: ...scheduled for July 21, 2022. On July 20, 2022, the Court granted Plaintiff's ex parte application and continued trial to November 8, 2022. On October 6, 2022, pursuant to stipulation, the Court continued trial and all related dates to March 1, 2023. On January 27, 2023, pursuant to stipulation, the Court continued trial and all related dates to May 15, 2023. On April 27, 2023, pursuant to stipulation, the Court continued trial to September 27, 20...

Excerpt: ...dventist Health) (collectively, “Defendants”). On October 1, 2021, Defendants filed an answer. On September 11, 2023, the Court granted Defendants' motion for summary judgment. Judgment for Defendants was entered on January 5, 2024. On January 9, 2024, Defendants filed and served notice of the entry of the judgment. On January 19, 2024, Defendants filed and served electronically, its Memorandum of Costs (forms MC -010 and MC -011), claiming $...

Excerpt: ...On September 21, 2022, Plaintiff David L. Yen (“Plaintiff”) propounded Requests for Production of Documents, Set One on Defendant Ernesto Ramos Esparza (“Defendant”). (Padgette Decl. ¶ 2, Exh. 1.) Defendant served responses dated December 13, 2022, after r eceiving multiple extensions. (Id. ¶ 3, Exh. 2.) Plaintiff moves to compel further responses to Requests for Production, Set One. Plaintiff argues Defendant has only asserted boilerpl...

Excerpt: ...s Angeles County Metropolitan Transportation Authority (“Defendant)” now moves to allow a neurological examination and orthopedic examination of Plaintiff on the same date. No opposition has been filed. 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 leave of court. A motion for an ...

Excerpt: ...rd, Mission Hills, CA 91345 (“Premises”). Plaintiff alleges two causes of action for general negligence and premises liability. Plaintiff alleges in the negligence cause of action that she was struck by a vehicle while on the Pre mises. In her premises liability cause of action, Plaintiff alleges she tripped on a pothole on the Premises. At the time of her injury, Plaintiff was employed by B. Deirmenjian DDS, Inc. which leased an office on th...

Excerpt: ...pril 10, 2023, Plaintiff Rosa Yen (“Plaintiff”) propounded Requests for Admissions, Set One on Defendant Ernesto Ramos Esparza (“Defendant”). (Padgette Decl. ¶ 2, Exh. 1.) Extensions to respond were granted until May 26, 2023. (Id. ¶ 3.) On October 3, 2023, Defendant served a response. (Id. ¶ 5, Exh. 4.) Plaintiff moves to compel further responses to Requests for Admissions, Set One. Plaintiff argues Defendant has only asserted boilerp...

Excerpt: ...pears Defendant did not file this motion within the timeframe under Code of Civil Procedure section 1005, the Court will consider the motion absent any prejudice to the parties. No opposition has been filed. LEGAL STANDARD Under Code of Civil Procedure section 473(b), the Court may relieve a party from an order taken against him through his mistake, inadvertence, surprise, or excusable neglect. This application must be filed no more than six mont...

Excerpt: ...Defendant propounded discovery in December 2022 and eventually brought motions to deem admitted its Request for Admissions, Set One and to compel responses to Request for Production, Set One, Form Interrogatories, Set One, and Special Interrogatories, Set One. On November 20, 2023, the Court granted Defendant's unopposed motion to deem admitted because Plaintiff failed to verify her responses. The Court also imposed a $60 monetary sanction agains...

Excerpt: ...Defendant Derita Foster (“Defendant”) as Doe 4. On October 2, 2023, Plaintiff filed a proof of service of the complaint and summons on Defendant by substitute service on September 23, 2023. On November 20, 2023, default was entered against Defendant. On January 30, 2024, Defendant, making a special appearance, filed the instant motion to set aside entry of default and quash service of the summons and complaint. No opposition has been filed. A...

Excerpt: ...nd her supplemental designation on February 22, 2023. (Grover Decl. ¶ 4, Exh. B, C.) Although Plaintiff designated a neurosurgeon as an expert, Defendant did not supplement her list to include a neurosurgeon, finding that a neurologist, orthopedic surgeon, and radiologist was sufficient for the case. (Id.) However, on November 8, 2023, Plaintiff underwent brain surgery. Due to this surgery, Defendant now seeks to augment her expert designation t...

Excerpt: ...nt Beverages & More, Inc. (“Defendant”) now demurs to the entire complaint arguing that the causes of action fail since they are: (1) precluded by the worker's compensation exclusivity doctrine, (2) barred by res judicata, and (3) uncertain. Plainti ff 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...

Excerpt: ...ly, no opposition has been filed. LEGAL STANDARD To grant a motion to seal, the court must expressly find that: (1) an overriding interest exists that overcomes the right of public access to the record; (2) the overriding interest supports sealing the records; (3) a substantial probability exists that th e overriding interest will be prejudiced if the record is not sealed; (4) the proposed sealing is narrowly tailored; and (5) no less restrictive...

Excerpt: ...ehicle. Shendall D. Duncan was a passenger in the vehicle. Defendant Lyft, Inc. (“Lyft”) now moves to compel arbitration and to stay the proceedings as to Plaintiff Jose Luis Gutierrez (“Gutierrez”) pending completion of arbitration. LEGAL STANDARD The Federal Arbitration Act (“FAA”) governs a motion to compel arbitration when an agreement provides its ‘enforcement' shall be governed by the FAA. (Victrola 89, LLC v. Jamon Properties...