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: ...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: ... 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: ..., 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: ...nce. Plaintiff alleges that on January 3, 2021, “at or near the 2600 block of Ocean Front Walk in Venice, California,” he was riding his bicycle on the beach bike path behind a motorized vehicle owned by Star Bike Rentals and operated by Benshalom or Does. Plaintiff alleges the motorized vehicle made a sudden left turn in front of Plaintiff, causing him to strike the vehicle and be ejected from his bicycle. (FAC, 4.) Defendant Beachfront Bike...

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,...

Excerpt: ...ringing seven causes of action. Defendants' demurrer to six causes of action was sustained with leave to amend. (Min. Order, 9/19/23.) On October 17, 2023, Plaintiffs filed a first amended complaint (FAC). Defendants now demur to the FAC arguing that Plaintiffs have again failed to state facts sufficient to constitute a cause of action for the following: - First Cause of Action for Battery - Third Cause of Action for Intentional Infliction of Emo...

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: ...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: ...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: ...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: ...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: ...on and to stay the proceedings pending completion of arbitration. No opposition has been filed. 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 8 LLC (2020) 46 Cal.App.5th 337, 346.) Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to ...

Excerpt: ...san Fitzgerald on September 7, 2000 (LASC Case No. BC236431). The initial action was voluntarily dismissed in 2002. Plaintiff refiled the action on July 17, 2018 against John and Slavko. On September 6, 2018, Slavko filed his Answer, along with his Cross-Complaint against Gerald and Susan Fitzgerald. Slavko died on November 13, 2018. Slavko's estate was substituted in as a defendant on July 22, 2022. [1] On July 25, 2023, the Court granted a moti...

Excerpt: ...) and it, was made in good faith. Co-defendant North Atlantic Investment Co., LLC (“NAI”) opposes and La Mexicana Meat Market replies. LEGAL STANDARD Under section 877.6 of the Code of Civil Procedure, “[a] determination by the court 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 comparat...

Excerpt: ...rning 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 anyone 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 process by any of the following: “(1) An order striking o...

Excerpt: ...n to March 15, 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 consider in ruling...

Excerpt: ...d to respond to warnings about a violent tenant who later shot Plaintiff. Plaintiff now moves to quash seventeen subpoenas issued by Defendant and directed to various medical businesses. Plaintiff also seeks monetary sanctions. Defendant opposes 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 informati...

Excerpt: ... on the basis that Plaintiff's counsel was unavailable on the date. Plaintiff contends the date was set unilaterally. Plaintiff then filed this motion to quash on October 30, 2023. Defendant opposes and Plaintiff replies. LEGAL STANDARD A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposition, or deposition subpoena for production of business records.¿ (Code Civ. Proc., ...

Excerpt: ...n December 22, 2022. The case was removed to federal court on March 23, 2022 and remanded on January 30, 2023. On September 26, 2023, Plaintiff filed a motion for trial preference, set to be heard on January 2, 2024. Trial is currently set for May 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.4th 814, 823...

Excerpt: ... filed a complaint against Defendants City of Alhambra and Does 1 to 50 for premises liability, general negligence, and dangerous condition of public property. Plaintiff alleges that she tripped and fell on uneven ground at S. El Molino St. and E. Shorb St. in Alhambra, California. Defendant City of Alhambra (Defendant) now moves for summary judgment arguing that no triable issue of material fact exists. No opposition was timely filed. LEGAL STAN...

Excerpt: ...onetary sanctions against all counsel for failure to comply with the 8 th Amended General Standing Order to be ready for the final status conference (“OSC”). Counsel for defendant was ordered to give notice to Plaintiff. (See Minute Order Dated August 29, 2023.) A notice of ruling and proof of service were filed on August 29, 2023. Defendant filed a declaration in response to the order to show cause. On September 12, 2023, Plaintiff again fai...

Excerpt: ... on the property. Defendant filed an answer on November 26, 2019. Defendant then moved for summary adjudication, which was granted in part on August 23, 2022. On October 12, 2023, Plaintiff filed the instant motion for leave to file a second amended complaint. Matsunaga opposes and Plaintiff replies. LEGAL STANDARD Amendment to Pleadings: General Provisions Under Code of Civil Procedure section 576, “[a]ny judge, at any time before or after com...

Excerpt: ...er Code of Civil Procedure Section 2031.300, if a party fails to serve a timely response to a demand for inspection, the party making the demand may move for an order compelling response to the demand. (Code Civ. Pro § 2031.300 (b).) The party who fails to serve a timely response to a demand for inspection waives any objection to the demand unless the court finds that the party has subsequently served a response that is in substantial compliance...