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

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