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...

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: ...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: ...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...