Excerpt: ...e negligence and general negligence arising out of an automobile accident occurring on February 24, 2019. On February 22, 2022, Solano and Makridis (“Defendants”) filed an answer. On November 9, 2022, Arnold filed an answer. On May 4, 2023, the Court granted Defendants' unopposed motion to continue trial. The trial date was continued to January 19, 2024. On January 2, 2024, the Court granted Plaintiff's ex parte application to continue trial,...

Excerpt: ...ding to any other party to the action written interrogatories to be answered under oath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding par ty, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must...

Excerpt: ...nd DOES 1 -10, alleging a sole cause of action for Violations of the Unruh Civil Rights Act. After default was entered against Defendant Fan Shin, and the parties subsequently stipulated to set aside such default, Plaintiff filed a First Amended Complaint against Defendant Fan Shin and Ponce's Bakery (“PB”) on December 14, 2022. On June 15, 2023, after hearing oral argument, the Court sustained the demurrer of Defendant Fan Shin to the FAC wi...

Excerpt: ...fendant opposes and Plaintiff replies. 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., § 2025.280, subd. (a).) ...

Excerpt: ...sure. Plaintiffs Kimberly Davis and Jonathan M. Davis filed a complaint against Defendants U.S. Bank National Association, as Trustee of Mstr Adjustabl-Rate Mortgages Trust 2006 -OA2 (“U.S. Bank”); Nationstar Mortgage LL C d/b/a Mr. Cooper (“Nationstar”) and Quality Loan Service Corporation for 1) Breach of Contract; 2) Breach of the Implied Covenant of Good Faith and Fair Dealing; 3) Violations of the Rosenthal Act; 4) Violations of the ...

Excerpt: ...7 within 20 days. TENTATIVE RULING: The unopposed motion is granted. Defendant is ordered to serve further responses to Plaintiff's Form Interrogatories, Set One, Nos. 6.3, 6.4, 6.5, 6.6 and 6.7, within 20 days. The Court imposes sanctions against Defendant and/or her counsel in the amount of $250.00. BACKGROUND This is a personal injury action in which Plaintiff alleges that on 1/16/21, he was injured as a result of an automobile collision betwe...

Excerpt: ... Filed February 8, 2024 RELIEF REQUESTED Plaintiff moves for an order compelling further responses to his requests for production of documents. BACKGROUND This case arises out of Plaintiff Justin Whiter's lemon law claim for a 2019 Ford Fusion, Vehicle Identification Number 3FA6P0HD4KR174062 (the “Subject Vehicle”). Plaintiff filed his complaint on March 7, 2023. Plaintiff filed the instant motion to compel further responses to his request fo...

Excerpt: ... Requests for Production of Documents (set one) and seek sanctions. Background On March 7, 2023, Plaintiffs filed a Complaint against Defendant American Honda Motor Co., Inc. (Defendant) for alleged violations of the Song- Beverly Act for failure to repair or repurchase Plaintiff's 2020 Honda CR-V (Subject Vehicle) and Fraudulent Concealment. Legal Standard CCP § 2031.310 allows a party to file a motion compelling further answers to document req...

Excerpt: ...is matter was first before the Court on February 21, 2024. On that date, the Court ordered the parties to further meet and confer and file a joint statement of the remaining issues. The parties did not do so. Defendant's counsel stated that she reached out to Plaintiff's Counsel but did not get a response. The Court continued the matter to today's date. The parties filed a joint statement on May 8, 2024. Pursuant to the further meet and confer ef...

Excerpt: ...ment Creditor's Motion to Compel Further Responses to Special Interrogatories (Set One) is GRANTED . Judgment Debtor is ordered to provide verified, code- compliant, supplemental responses without objections within 30 days of this order. III. No sanctions are imposed. Moving party to give notice. The Motions are unopposed as of May 14, 2024. This unlawful detainer action was filed by Plaintiff BLAINE HOLDINGS & DEVELOPMENT, LLC (Plaintiff/Judgmen...

Excerpt: ...ntary School, Mark Berendt, sexually molested Plaintiff beginning in 2007. Plaintiff was born on May 17, 1999. Berendt was arrested in 2012 for the alleg ed molestation of numerous students on the campus. On October 3, 2022, Plaintiff filed a complaint for Intentional Infliction of Emotional Distress; Negligence; Negligent Supervision; Negligent Hiring/Retention; Negligent Failure to Warn, Train, or Educate; Breach of Fiduciary Duty; Constructive...

Excerpt: ... Ford Motor Company (Defendant), alleging: (1) Breach of Implied Warranty of Merchantability under the Song -Beverly Act and (2) Breach of Express Warranty under the Song -Beverly Act. On 1/31/2024, Plaintiff moved to compel further responses to Special Interrogatories No. 14, 25, 40 -46 and 55. Discussion Plaintiff argues that good cause exists to compel further responses to Special Interrogatories No. 14, 25, 40 -46 and 55. - Special Interrogat...

Excerpt: ...he amount of $1,600 is GRANTED. Plaintiff's request for reimbursement of costs for filing the instant motion in the amount of $219.60 is DENIED. BACKGROUND On October 5, 2023, Plaintiff Isabella Haddad (“Plaintiff”) filed this employment action against Defendants Bachi Bus LLC (“Bachi”), Bachi Bus Bros LLC (“Bachi Bros”), and Jamelle Holieway (“Holieway”). On March 13, 2024, Plaintiff filed a First Amended Complaint alleging the f...

Excerpt: ...March 8, 2024, the Court granted in part Defendant's ex parte application and continued trial to August 6, 2024. All discovery and pre -trial motion cut -off dates remain associated with the March 26, 2024 trial date “unless otherwise stipulated by the pa rties or subject to any motion to reopen discovery.” (Min. Order, 3/8/24.) On April 4, 2024, Defendant filed the instant motion to reopen discovery to run with the current August 6, 2024 tri...

Excerpt: ...thout Objections to Requests for Production of Documents (3) Motion for an Order Deeming Admitted Truth of Facts (4) Motion to Exclude Evidence of Plaintiff's Alleged Damages due to Plaintiff's Failure to Respond to Demand for bill of Particulars The Court considered the moving papers. No opposition was filed. RULING The motions are GRANTED. Plaintiff is ordered to respond without objections to defendant's Form Interrogatories (Set One) and Speci...

Excerpt: ...9, 2024, Defendants filed motions (1) to compel Burden's responses to request for production of documents, set one, special interrogatories, set one, and form interrogatories, set one, (2) to deem admitted matters specified in requests for admission, set one, served on Burden, and (3) to i mpose sanctions on Burden and his counsel. The motions were set for hearing on April 15, 2024. The Court continued the hearing to May 15, 2024. Burden has not ...

Excerpt: ...a complaint against Walmart, Inc. (“Defendant”) for negligence arising out of an alleged slip and fall on September 25, 2018. Walmart filed an answer on May 10, 2021 and an amended answer on May 19, 2021. On December 16, 2022, Plaintiff's counsel was relieved as counsel. On March 23, 2023, Defendant served Plaintiff with discovery, including Special Interrogatories (Set Three), Requests for Production of Documents (Set Three), and Requests fo...

Excerpt: ...). Defendant also seeks monetary sanctions. Plaintiff opposes. No reply has been filed. LEGAL STANDARD Requests for Admission Where there has been no timely response to a request for admission under Code of Civil Procedure section 2033.010, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction.¿ (Code of Civ. ...

Excerpt: ... propounded set one of form interrogatories, special interrogatories, and request for production of documents (“RPDs”) on plaintiff Cheuk Ying Lam (“Plaintiff Lam”) on December 20, 2023. Responses were due on or before January 24, 2024. Hernandez's counsel avers that no responses have been served to date. Hernandez therefore seeks an order compelling Plaintiff Lam to respond, without objections, to the outstanding discovery. Plaintiff Lam...

Excerpt: ...Pleadings Plaintiff SL Retail Owner LLC (SL Retail) sues Christopher Au and Does 1 through 20 pursuant to a May 26, 2022, First Amended Complaint alleging two breach of guaranty claims. The claims arise from allegations that Keisuke LLC leased commercial mall space from SL Retail and that Keisuke LLC defaulted on its two lease agreements —the Keisuke Lease and the Ushi Ushi Lease—with Defendant Au, Keisuke LLC's guarantor, subsequently failin...

Excerpt: ... before being discovered later that day. (Complaint, ¶¶ 20-30.) On August 24, 2022, Plaintiff filed the Complaint in this action, asserting causes of action for negligent hiring, retention, and supervision; negligence; negligent infliction of emotional distress; and intentional infliction of emotional distress against Defendants Los Angeles Unified School District (“LAUSD”), County of Los Angeles (“County”), Inclusive Education and Comm...

Excerpt: ...tural Concrete Group, Inc. is GRANTED. Plaintiff's request for sanctions is GRANTED in the amount of $1,660 jointly and severally against SCG and its Counsel of Record. Sanctions are payable within 15 days after the date of this order. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action for disability discrimination, hostile work envir...

Excerpt: ...Plaintiff and Defendants Ja mgle Jam USA, Inc. and Rama McCabe on August 30, 2023, is granted. Plaintiff is entitled to an order enforcing the Judgment in the amount of $210,000.00 and retains jurisdiction over this matter pursuant to C.C.P. §664.6. Plaintiff Esther Lim (“Lim”) (“Plaintiff”) moves unopposed for this Court to set aside the judgment of dismissal entered on September 20, 2023, and enter judgment pursuant to the terms of the...

Excerpt: ...inclusive, alleging causes of action for: (1) Negligence; (2) Negligent Hiring, Supervision, Training and Retention; (3) Assault; (4) Battery; and (5) Intentional Infliction of Emotional Distress. On August 30, 2023, Defendant Fairfield filed an Answer to the Complaint. On November 13, 2023, Plaintiff filed a Case Management Statement. Also, on November 13, 2023, default was entered against Defendant Black Badge and Defendant Sauceda. On November...

Excerpt: ...rip and fall occurring on December 1, 2019. On May 27, 2022, Nouman Fadel Hannoun, Vicki Hannoun, and Crestline Valero Market, filed an answer to the complaint and a cross -complaint against Roes 1 through 10. Plaintiff noticed the deposition of Christina Neria, a former employee of Defendants, and personally served Ms. Neria with a deposition subpoena. (Bourret -Roy Decl., ¶ 4 & Exhs. B - C.) The deposition was scheduled for March 11, but Ms. N...