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

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