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2023.12.07 Motion to Compel Arbitration 549
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.07
Excerpt: ...re passengers in Ayansa's vehicle, who was driving for Uber. (Complaint, 5.) Uber now moves to compel arbitration 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.) P...
2023.12.05 Motion to Compel Deposition 322
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.05
Excerpt: ... Compel Deposition Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify, as well as to produce documents for inspection and copying. (Code Civ. Proc., § 2025.280, subd. (a).) The party served with a deposition n...
2023.12.05 Motion for Terminating Sanctions 331
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.05
Excerpt: ...orized by the chapter governing 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.) Failing to respond or to submit to an authorized method of discovery constitutes a misuse of the discover...
2023.12.05 Motion for Leave to Intervene 155
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.12.05
Excerpt: ...urance Company (Infinity) now moves for leave to file an answer in intervention on behalf of its insured, Baz Mohammad Nomair and A-1 Auto Body, LLC (collectively, “Defendants”). No opposition has been filed. LEGAL STANDARD Code of Civil Procedure section 387(d) provides, “[t]he court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: . . . (B) The p...
2023.11.30 Motion to Compel Discovery 548
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.30
Excerpt: ...aintiff's shoes, responses to Form Interrogatories, Set One, Supplemental Interrogatories, Set One, Requests for Production Set One and Two, and Supplemental Request for Production, Set One. 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 order compelling responses. (Code Civ. Proc. § 2030.290 (b).) Failure to timely respond waive...
2023.11.30 Motion for Summary Judgment 829
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.30
Excerpt: ...Opposition to Defendants' Motion for Summary Judgment; Memorandum of Points and Authorities; Declaration of Igor Fradkin 2. Plaintiff's Separate Statement 3. Plaintiff's Evidence in Opposition BACKGROUND On March 1, 2021, Plaintiff Trevor Starks (Plaintiff) filed a complaint against Defendants FG Property Management, Inc. and 1254 W. 10 th Street, LLC (Defendants) and Does 1 to 50 for negligence and premises liability. Plaintiff rented a unit on ...
2023.11.30 Motion for Leave to File FAA 817
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.30
Excerpt: ..., Western Freight Carrier, Inc. (Defendant) filed an answer. On November 1, 2023, Defendant filed the instant motion for leave to file an amended answer to assert a twelfth and thirteenth affirmative defense of settlement and promissory estoppel. Plaintiffs oppose and Defendant replies. LEGAL STANDARD Amendment to Pleadings: General Provisions Under Code of Civil Procedure section 576, “[a]ny judge, at any time before or after commencement of t...
2023.11.17 Motions to Quash Subpoenas 897
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.17
Excerpt: ...Defendant). Plaintiff also seeks monetary sanctions against Defendant. In the alternative, Plaintiff requests a protective order. 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 information, or other things before a court, or at the trial of an issue therein, or at the taking of a dep...
2023.11.17 Motion to Compel IME 088
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.17
Excerpt: ...intiff's physical examination pursuant to Code of Civil Procedure section 2032.220. Plaintiff opposes and Defendant replies. LEGAL STANDARD “In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive....
2023.11.16 Demurrer 697
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.16
Excerpt: ...ng it is uncertain and fails to state facts to constitute a cause of action against a public entity. 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 the opposing party's pleading (complaint, answer or cross-complaint). (Code Civ. Proc. §§ 422.10, 589; see Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) It is not th...
2023.11.16 Demurrer, Motion to Strike 129
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.16
Excerpt: ...ed a Target store at the Figat7th mall (“Mall”) and stabbed customers with a knife. Plaintiff in this case alleges he was employed as a security guard by Watermark Security Group Inc., which had a contract with Target Corporation to guard the subject store. (Complaint ¶ 1, 6.) He also alleges that BOP Figat7th LLC contracted with Universal Protection Service, LP to provide security at the Mall. (Id. ¶ 5.) Plaintiff alleges he responded to t...
2023.11.16 Motion for Protective Order 565
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.16
Excerpt: ... William and Wrenn Chais 1994 Trust; and Wrenn Chais, as Trustee of the William and Wrenn Chais Trust 1994 (Defendants). Plaintiff served a demand for inspection of the subject premises and staircase. Defendants now move for a protective order to prohibit inspection entirely, or in the alternative, limit the scope to the subject staircase where Plaintiff fell and require any person inspecting to sign a liability waiver. Plaintiff opposes and Defe...
2023.11.16 Motion for Summary Adjudication 022
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.16
Excerpt: ...dants' Opposition to Plaintiff's Motion for Summary Adjudication; Declaration of Connie L. Benson 2. Defendants' Separate Statement in Opposition REPLY PAPERS 1. Reply to Opposition to Motion BACKGROUND On June 10, 2019, Plaintiff Hiram Ash, in pro per (Plaintiff), filed a complaint against Defendants Coach USA, Inc. dba Megabus West LLC and Megabus, and Does 1 to 50 for negligence, negligent infliction of emotional distress, and breach of contra...
2023.11.16 Motion to Quash Subpoena 897
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.16
Excerpt: ...Defendant). Plaintiff also seeks monetary sanctions against Defendant. In the alternative, Plaintiff requests a protective order. 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 information, or other things before a court, or at the trial of an issue therein, or at the taking of a dep...
2023.11.07 Motion to Strike 980
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.07
Excerpt: ...nal infliction of emotional distress (IIED). Defendants United Nationwide Security Services and Robert Soesoe (Defendants) now move to strike references to punitive damages in the negligent hiring, assault, battery, and IIED causes of action and in the prayer for relief. Plaintiff opposes and Defendants reply. LEGAL STANDARD California law authorizes a party's motion to strike matter from an opposing party's pleading if it is irrelevant, false, o...
2023.11.07 Motion to Quash Subpoenas 086
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.07
Excerpt: ...nt. Plaintiff James V. Beer (Plaintiff) now moves to quash four deposition subpoenas issued by Defendants to Plaintiff's schools and speech therapists. Plaintiff objects that the information sought is overbroad, is privileged, and violates a privacy right. Defendants oppose and Plaintiff replies. LEGAL STANDARD “Any consumer whose personal records are sought by a subpoena duces tecum and who is a party to the civil action in which this subpoena...
2023.11.07 Motion to Compel Compliance with Deposition Subpoena 919
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.07
Excerpt: ... deposition subpoena set for September 22, 2023. (Fabrega Decl. ¶ 4.) Abrams did not appear. Defendants then sent a meet and confer correspondence to Abrams asking for an explanation or alternative dates no later than September 29, 2023. When Abrams did not respond, Defendants filed this motion on October 2, 2023. LEGAL STANDARD A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, writ...
2023.11.07 Motion for Summary Judgment, Adjudication 894
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.07
Excerpt: ...ppendix of Exhibits of Defendant OPPOSITION PAPERS 1. Plaintiff's Response to Notice of Motion and Motion of Defendant, Mark Mikhael, M.D., for Summary Judgment 2. Plaintiff's Response to Undisputed Material Facts and Evidence 3. Appendix of Exhibits of Plaintiff in Support REPLY PAPERS 1. Reply to Plaintiff's Opposition BACKGROUND On September 22, 2021, Plaintiff Linda Van Cleave (Plaintiff) filed a complaint, in pro per, against Defendant Mark ...
2023.11.07 Demurrer to SAC 844
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.11.07
Excerpt: ...ed with leave to amend. (Min. Order, 8/3/22.) On April 5, 2023, Plaintiff filed a first amended form complaint. On August 21, 2023, the Court sustained Defendant's demurrer with leave to amend and granted Defendant's motion to strike punitive damages without leave to amend. (Min. Order, 8/21/23.) On August 25, 2023, Plaintiff filed a purported second amended complaint entitled “Response to Demurrer Amended Pleading.” On September 28, 2023, Pl...
2023.10.27 Motion to Reopen Discovery for Limited Purpose 263
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.10.27
Excerpt: ...ability. Answers were filed on May 21, 2021 and June 9, 2021. On August 16, 2023 the Court signed a joint stipulation and order continuing the trial from September 18, 2023 to December 4, 2023. The order specified that all non-expert discovery will follow the previous trial date of September 18, 2023. Defendants Access Pacific, Inc. and City of Santa Monica (Defendants) now move to reopen discovery for the limited purpose of conducting Plaintiff ...
2023.10.27 Motion to Compel Mental Exam 434
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.10.27
Excerpt: ...mination of Plaintiff Jessica Sernas (Plaintiff). Plaintiff opposes and Defendant replies. LEGAL STANDARD “In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2) The examination is conducted ...
2023.10.27 Motion to Compel Deposition 491
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.10.27
Excerpt: ...ng. Defendant Ralphs Grocery Company (Defendant) opposes. LEGAL STANDARD Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify, as well as to produce documents for inspection and copying. (Code Civ. Proc., § 2025...
2023.10.27 Demurrer 255
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.10.27
Excerpt: ...emurs to the complaint on the basis that it fails to state facts that constitute a cause of action, has a misjoinder of the parties, and is uncertain. LEGAL STANDARD The primary function of a pleading is to give the other party notice so that it may prepare its case [citation], and a defect in a pleading that otherwise properly notifies a party cannot be said to affect substantial rights.” (Harris v. City of Santa Monica (2013) 56 Cal.4th 203, ...
2023.10.17 Motion to Continue Trial 607
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.10.17
Excerpt: ...e answer was filed on June 7, 2022. On July 28, 2023, a substitution of attorney was filed for Defendants' current counsel. Trial was originally set for October 23, 2023. On August 23, 2023, the Court granted Defendants' ex parte application in part and continued the trial to November 16, 2023. Defendants now move to continue the trial date to April 22, 2024 or soon thereafter. ANALYSIS Legal Standard “Continuances are granted only on an affirm...
2023.10.17 Motion for Summary Judgment, Adjudication 050
Location: Los Angeles
Judge: Hwang, Anne
Hearing Date: 2023.10.17
Excerpt: ... Laraya M. Parnell 4. Declaration of Brian Cecil OPPOSITION PAPERS 1. Plaintiff's Opposition; Memorandum of Points and Authorities; Declaration of Nina Sargsyan 2. Separate Statement in Opposition 3. Plaintiff's Objections to Evidence 4. Plaintiff's Evidence in Opposition REPLY PAPERS 1. Reply to Plaintiff's Opposition to Motion for Summary Judgment 2. Reply Separate Statement 3. Objection to Plaintiff's Evidence 4. Response to Plaintiff's Object...

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