Excerpt: ...and Does 1 to 50 for injuries related to a motor vehicle accident. On March 28, 2022, Defendant SP Plus Corporation (“SP”) filed a cross complaint against Destination Shuttle Services (“DSS”) for comparative indemnity, contribution, and declaratory relief. On March 23, 2023, SP filed a motion for leave to amend the cross complaint. The motion was continued to June 27, 2023 so SP's counsel could submit a supplemental declaration. (See Min....

Excerpt: ...covery under Insurance Code section 11580.2(f)(1). Petitioner moves to compel Respondent's response to Form Interrogatories, Set One, Special Interrogatories, Set One, and Demand for Production of Documents, Set One. Petitioner asserts that he served the discovery on July 5, 2023. (Vardanyan Decl. ¶ 2.) No extension was requested or offered. On August 31, 2023, Petitioner's counsel contacted Respondent to inquire about the discovery. (Id. ¶ 3.)...

Excerpt: ... subpoena, issued on June 17, 2021. At the hearing on the motion, Defendants did not appear. (Ibid.) On December 7, 2023, Defendants filed and served a notice of the ruling. On December 13, 2023, Defendants filed the instant motion for reconsideration of the Court's order. LEGAL STANDARD Code of Civil Procedure section 1008 provides, in pertinent part: “(a) When an application for an order has been made to a judge, or to a court, and refused in...

Excerpt: ...cident. Plaintiff asserts negligence and negligence per se causes of action against Defendant Francisco Arredondo Montes and Does 1 to 50. Plaintiff's third cause of action for negligent entrustment is asserted against Defendants Carlos Arredondo and Miguel Aguilera dba Engineering Blower Systems. Defendant Engineering Blower Systems and Sheet Metal Inc. (erroneously sued as Miguel Aguilera dba Engineering Blower Systems) (hereafter “EBS”) no...

Excerpt: ...serve/ alternatively trial setting conference. Counsel for Plaintiff did not appear, and the Complaint was dismissed without prejudice. (Min. Order, 8/2/23.) On October 18, 2023, Plaintiff filed this motion to set aside the dismissal pursuant to Code of Civil Procedure section 473(b). Defendant Charles McKay (Defendant) opposes and Plaintiff replies. LEGAL STANDARD Under Code of Civil Procedure section 473(b), the Court may relieve a party from a...

Excerpt: ...ermits the designation of a defendant by a fictitious name when the plaintiff is ignorant of the defendant's name. (Code Civ. Proc., § 474.) “Section 474 allows a plaintiff in good faith to delay suing particular persons as named defendants until he has knowledge of sufficient facts to cause a reasonable person to believe liability is probable.” (Dieckmann v. Superior Court (1985) 175 Cal.App.3d 345, 363.) “Absent compliance with Code of C...

Excerpt: ...s. No opposition has been filed. LEGAL STANDARD Interrogatories 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 “[t]he party's f...

Excerpt: ...Ismael Cabuto, Antonio Cabuto Zambrano, and Maria Barbas Sanchez (Defendants) move to compel Plaintiff Clarence Davis' (Plaintiff) deposition. Plaintiff opposes. 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 the deposition no...

Excerpt: ...rt OPPOSITION PAPERS 1. Plaintiff's Opposition 2. Opposition to Separate Statement of Undisputed Material Facts 3. Plaintiff's Index of Exhibits in Support REPLY PAPERS 1. Reply in Support of Motion 2. Reply to Separate Statement BACKGROUND On June 1, 2021, Plaintiff Judicial Council of California (Plaintiff) filed a complaint against Defendant County of Los Angeles (Defendant) for property damage after Defendant's employee allegedly damaged Plai...

Excerpt: ...t that [a] settlement was made in good faith shall bar any other joint tortfeasor . . . from any further claims against the settling tortfeasor . . . for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.” (Code Civ. Proc. § 877.6 (c).) Any party to an action may move for an order determining whether a settlement between the plaintiff and one or more alleged tortfeasor...

Excerpt: ...n the scope of employment with Pacific Global Consolidators Inc. (PGC). On August 18, 2023, Plaintiff served a notice of deposition and production of documents on PGC's employee, Clarise Lai. PGC now moves for a protective order to quash the deposition. Plaintiff opposes. LEGAL STANDARD Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order. The...

Excerpt: ... Bautista (“Bautista”) for damages related to a motor vehicle accident. On December 27, 2022, Defendant Bautista propounded Requests for Production of Documents, Set One on Plaintiff. Plaintiff served verified responses on August 7, 2023. (Joseph Decl. ¶ 4.) Bautista now moves to compel further responses to numbers 5, 8–11, 13, 17, 19–20, 23, 26, 29, 32, 34, 45–55. Defendants also bring a separate motion to compel initial responses to ...

Excerpt: ...s currently set for March 13, 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.4th 814, 823.)¿ A trial court has broad discretion in considering a request for a trial continuance.¿ (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.)¿ California Rules of Court, rule 3.1332 sets forth factors for the Court to con...

Excerpt: ...ed on June 15, 2020. Plaintiff now moves to quash ten subpoenas issued by Defendants and directed to various medical facilities. Plaintiff also seeks monetary sanctions. Defendants oppose. 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 therein, or at t...

Excerpt: ...nt) by substitute service on April 16, 2021. On October 13, 2022, default was entered against Defendant. On September 12, 2023, Plaintiff requested default judgment against Defendant. The Court has not granted defaulted judgment yet. On September 12, 2023, Defendant, making a special appearance, filed the instant motions to set aside entry of default and quash service of the summons and complaint. No opposition has been filed. ANALYSIS Set Aside ...

Excerpt: ... No opposition has been filed. LEGAL STANDARD Interrogatories 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 “[t]he party's fai...

Excerpt: ...ngful death of Decedent Jonathan Dongin Jung (Decedent). Plaintiffs alleges that Defendant's security guards attacked Decedent and caused his death. On July 14, 2023, Defendant took the deposition of Plaintiff Vanessa Jung Tirman (Plaintiff) where Defendant attempted to show Plaintiff surveillance video of the alleged attack. Plaintiff's counsel ended the deposition. Defendant now moves to compel Plaintiff's deposition testimony regarding the sur...

Excerpt: ...mber 10, 2021, Plaintiff Jason Neil Henkey (Plaintiff) filed a complaint against Defendants City of Glendale, Cao Son Do, and Does 1 to 50 for premises liability, dangerous condition of public property, and willful failure to warn. Plaintiff alleges that he tripped on uneven pavement on a sidewalk in front of 426 Coutin Lane, Glendale, California 91206 and that the sidewalk was under the “custody, control, and maintenance” of Defendant Cao So...

Excerpt: ...t. Defendants Parking Company of America Management, LLC and Maria Olortegui (Defendants) filed their answers on October 28, 2021 and November 2, 2021, respectively. Trial was initially set for February 6, 2023. On January 31, 2023, Defendants' ex parte application continuing trial, and all discovery cut-off dates, to June 12, 2023, was granted. (Min. Order, 1/31/23.) On May 2, 2023, the Court signed a stipulation and order continuing the trial a...

Excerpt: ...Does 1 to 10 for negligence surrounding a motor vehicle accident. The complaint states the accident occurred in Cobb County, Georgia. Specially Appearing Defendants Driven Brands Holdings, Inc., IMO US Georgia, LLC, and IMO US South, LLC (Defendants) now move to quash service of the summons under Code of Civil Procedure section 418.10, arguing the Court lacks jurisdiction. No opposition has been filed. LEGAL STANDARD “A defendant . . . may serv...

Excerpt: ...or May 5, 2023. Trial was continued once pursuant to stipulation to January 10, 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.4th 814, 823.)¿ A trial court has broad discretion in considering a request for a trial continuance.¿ (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.)¿ California Rules of Court, r...

Excerpt: ...1. Defendant previously deposed Plaintiff on August 21, 2023, for nearly seven hours. Defendant now moves to compel additional time of at least ten hours to complete Plaintiff's deposition. Defendant also seeks monetary sanctions. Plaintiff opposes and Defendant replies. On December 5, 2023, the parties participated in an Informal Discovery Conference (IDC). The issues were not resolved, but the Court ordered the parties to submit a joint stateme...

Excerpt: ...ant, and that Defendant failed to respond to warnings about a violent tenant who later shot Plaintiff. On August 28, 2023, Plaintiff propounded Special Interrogatories, Set Two on Defendant. (Harings Decl. ¶ 2.) The interrogatory at issue seeks the contact information of a witness, Victor Quinonez (Quinonez). Defendant objected on privacy grounds and served its response on October 2, 2023. Plaintiff contends the response is deficient because con...

Excerpt: ..., Plaintiff was granted default judgment against Defendants Jose Martin Lopez Graciano, Gisela Graciano, Jose P. Arguelles, and Rosa A. Arguelles. On January 18, 2023, Defendants Jose P. Arguelles and Rosa A. Arguelles' (hereafter “Defendants”) motion to vacate judgment was granted on the basis that they were not served the summons and complaint at their correct address and lacked actual notice. (Min. Order, 1/18/23.) On January 19, 2023, Def...

Excerpt: ...aint against Defendants Kyle Schroeder, Lyft, Inc., and Does 1 to 25 for negligence resulting from a motor vehicle accident. Plaintiff alleges that each Defendant was an employee or agent of the other and acting within the scope of employment. (Complaint ¶ 4.) Plaintiff also alleges that all Defendants breached their duty by “negligently entrusting, owning, operating, and/or maintaining” the subject motor vehicle. (Id. ¶ 9.) Defendant Lyft,...