Excerpt: ... . Plaintiff alleges he was performing his duties as a security guard at a cargo facility at 18055 Harmon Ave. Carson, California, when he was physically assaulted by Defendant Fermin Antonio Mazariego Jr. (FAC ¶ 7, 10- 11.) Plaintiff sued Defendant Cartage West, Inc. (“Cartage”) for negligence and negligent hiring and supervision based on Mazariego's alleged actions and alleges it owned the premises where the incident occurred (FAC ¶ 9). O...

Excerpt: ... On May 16, 2023, the Court granted Plaintiff's request for default judgement but denied the request for punitive damages. The Court ordered Plaintiff to submit an amended judgment form to reflect the Court's order. (Min. Order, 5/16/23.) On July 3, 2023, the Court granted default judgment against Defendant. On December 28, 2023, Defendant filed the instant motion to vacate the entry of default and default judgment under Code of Civil Procedure s...

Excerpt: ...n Alverson (“Defendant”) for injuries arising from a motor vehicle incident. Trial is currently set for March 4, 2024. On January 16, 2024, Defendant filed the instant motion requesting the Court to continue the trial date in order for her discovery motions to be heard and for discovery to be completed prior to Trial. As of January 26, 2024, the motion is unopposed. II. Discussion Although continuances of trials are disfavored, each request f...

Excerpt: ...Inc. (“Defendant”) filed an answer. On January 29, 2022, Defendant Gerardo Rendon Venegas (“Decedent”) passed away. (Kim Decl. ¶ 4, Exh. 1.) On January 23, 2024, Plaintiffs filed the instant motion for leave to file an amended complaint to add “Estate of Decedent Gerardo Rendon Venegas, Deceased” as a defendant. Trial is currently set for March 11, 2024. Defendant does not oppose the motion but filed a response. Plaintiffs filed a re...

Excerpt: ..., 2023, Defendant also filed a cross complaint against Sandra Elizabeth Roca and Roes 1 to 50. On June 20, 2023, Sandra Elizabeth Roca filed an answer to the cross-complaint. Trial is currently set for March 27, 2024. There have been no prior continuances in this case. 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.Ap...

Excerpt: ... responses, without objections, to Special Interrogatories, Set One. Defendants also move to compel Plaintiff Esmeralda Espinoza to serve verified responses, without objections, to Special Interrogatories, Set One and Form Interrogatories, Set One. Defendants seek monetary sanctions. No opposition has been filed. LEGAL STANDARD If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an ...

Excerpt: ...eclaration of Susan Rappaport 5. Defendant's Compendium of Exhibits OPPOSITION PAPERS 1. Plaintiff's Opposition 2. Plaintiff's Separate Statement of Undisputed Facts in Opposition 3. Declaration of Adam Lugo 4. Norguard Insurance Company's Opposition 5. Norguard's Separate Statement of Disputed and Undisputed Material Facts in Opposition 6. Objections to Evidence Submitted by Plaintiff Norguard Insurance 7. Norguard Insurance Company's Compendium...

Excerpt: ...Mission Hills' property at 10321 Sepulveda Boulevard, 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 Premises. 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. D...

Excerpt: ...es, Set One. Plaintiff seeks monetary sanctions. Defendant opposes. LEGAL STANDARD If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses. (Code Civ. Proc. § 2030.290 (b).) Failure to timely respond waives all objections, including privilege and work product, unless “[t]he party has subsequently served a response that is in substantial compliance” and...

Excerpt: ...ath of Decedent Jonathan Dongin Jung (“Decedent”). Plaintiffs alleges that Defendant's security guards attacked Decedent and caused his death. A Jury Trial is currently set for June 3, 2024, four (4) months and 4 days from the hearing on January 30, 2024. LEGAL STANDARD “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...

Excerpt: ... and Power (“Defendant”), City of Bishop, and County of Inyo, and Does 1 to 45, for the death of their son, Dutch Benjamin Abbott (“Decedent”), after he came into contact with a carnivorous Naegleria fowleri amoeba in a man-made water pond. The complaint alleged three causes of action: (1) statutory liability/dangerous condition on public property; (2) statutory liability/ breach of mandatory duties; and (3) negligence. On September 27, 2...

Excerpt: ...tiff amended the complaint to allege Southern California Edison Company as Doe 1. Defendant Southern California Edison Company (“Defendant”) now moves to compel Plaintiff's further responses, without objections, to Supplemental Requests for Production of Documents. Defendant also seeks monetary sanctions. Defendant did not provide a Separate Statement under California Rules of Court, rule 3.1345. No opposition has been filed. MEET AND CONFER ...

Excerpt: ...as initially set for August 31, 2022. At a later trial setting conference, trial was then set to July 20, 2023. The discovery/motion cutoff was based on that date. (Min. Order, 1/9/23.) On May 4, 2023, Plaintiff amended the complaint to add Apollo Retail Specialists as Doe 1 (“Apollo”). On June 7, 2023, pursuant to stipulation by the parties, the Court continued trial and all related discovery and motion dates to December 28, 2023. On Decembe...

Excerpt: ...Mission Hills' property at 10321 Sepulveda Boulevard, 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 Premises. 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. D...

Excerpt: ...On September 5, 2023, the case was called for trial and there were no appearances. As a result, the Court dismissed the complaint filed by Plaintiff pursuant to Code of Civil Procedure section 581(b)(3). (Min. Order, 9/5/23.) On October 11, 2023, 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 C...

Excerpt: ...o quash thirteen subpoenas issued by Defendants and directed to Plaintiff's individual medical providers and pharmacy. Plaintiff also seeks monetary sanctions. Defendants oppose and Plaintiff replies. LEGAL STANDARD Code of Civil Procedure § 1987.1(a) states: If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue ther...

Excerpt: ...6, 2022 and June 13, 2022. On October 17, 2022, the Court consolidated this case and 21STCV26050. On August 21, 2023, the Court granted an ex parte application to continue trial from October 3, 2023 to February 20, 2024. Trial is currently set for February 20, 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....

Excerpt: .... Defendant's answer was filed on February 14, 2023. On October 9, 2023, Defendant filed a motion for summary judgment. The hearing for summary judgment is currently scheduled for January 2, 2025. On January 3, 2024, co-defendant Metro Villas 345, L.P. filed a motion for summary judgment, set for October 30, 2024. Trial is currently set for March 28, 2024. ANALYSIS Legal Standard California Rules of Court, rule 3.1335 states as follows:¿¿ ¿ (a...

Excerpt: ...ting from a motor vehicle accident. On November 13, 2020, Defendants filed an answer. On October 2, 2023, Defendants filed the instant motion for leave to file an amended answer to assert affirmative defenses surrounding a purported pre-litigation settlement agreement. Plaintiff opposes and Defendants reply. LEGAL STANDARD Amendment to Pleadings: General Provisions Under Code of Civil Procedure section 576, “[a]ny judge, at any time before or a...

Excerpt: ...ompel Plaintiffs Orlando Garcia Ramos and Mario Valenzuela Granillo (“Plaintiffs”) to serve full and complete answers to Form Interrogatories, Set One, Special Interrogatories, Set One, Admissions, and Request for Production of Documents, Set One. Defendants seek monetary sanctions. Plaintiffs oppose and Defendants reply. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propo...

Excerpt: ...er 30, 2023, the Court granted Defendant Western Freight Carrier, Inc. (“Defendant”) leave to amend its answer to allege a purported settlement between Plaintiffs and itself. On December 28, 2023, Defendant filed the instant motion to compel compliance with a deposition subpoena served on non-party Hitzke & Ferran LLP, Plaintiff's former counsel. Defendant does not seek sanctions. Hitzke & Ferran LLP (“Hitzke”) opposes and Defendant repli...

Excerpt: ...Bal Rajagopalan of Beverly Hills Orthopedic Institute” (“BHOI”). The subpoena set the deposition for October 2, 2023. On October 30, 2023, Defendant filed this motion to compel compliance with the subpoena. Defendant seeks monetary sanctions. The proof of service shows that Beverly Hills Orthopedic Institute was given personal notice of this motion. No opposition has been filed. LEGAL STANDARD A party seeking discovery from a person who is ...

Excerpt: .... (“Defendant”) for the wrongful death of Decedent Jonathan Dongin Jung (“Decedent”). Plaintiffs alleges that Defendant's security guards attacked Decedent and caused his death. On August 17, 2023, Plaintiff Vanessa Jung Tirman, who was the personal representative of Decedent's estate, passed away. On December 13, 2023, Plaintiffs filed the instant motion for leave to file a third amended complaint to substitute Phillip Tirman, MD for Van...

Excerpt: ...tispecialty Surgery Center (“Advanced”), seeking treatment records for Plaintiff Ramon Mayoral (“Plaintiff”). On September 5, 2023, Defendants moved to compel compliance with the subpoena under Code of Civil Procedure section 1987.1. Defendants also seek sanctions. No opposition has been filed. LEGAL STANDARD A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written depositio...

Excerpt: ...'s Opposition to Motion for Summary Judgment 2. Plaintiff's Response to Defendant's Separate Statement 3. Declaration of Tony Forberg and Evidence in Opposition REPLY PAPERS 1. Defendant's Reply to Opposition 2. Defendant's Objections to Plaintiff's Evidence BACKGROUND On December 17, 2019, Plaintiff Sacha Agopian, by and through his GAL Christine Agopian (“Plaintiff”) filed a complaint against Westfield Corp, and Does 1 to 50 for negligence ...