Excerpt: ...cel” or “Plaintiff”) filed these motions to compel Defendant Tigran Petrosyan (“Petrosyan” or “Defendant”) to provide responses to Form Interrogatories, Set One, and to have Requests for A dmission, Set One, deemed admitted against Petrosyan. Excel also seeks sanctions against Petrosyan and his counsel of record. The motions are unopposed.[1] II. LEGAL STANDARD If a party to whom interrogatories were directed fails to serve a timely...

Excerpt: ... to give Notice. This motor vehicle action was filed by Plaintiff RAUL HEREDIA (“Plaintiff”) against Defendants ACCESS SERVICES; CALIFORNIA TRANSIT, INC; LOS ANGELES COUNTY; MYNOR RUBEN HERNANDEZ; and MELISSA ELAINE DOOLITTE (collectively “Defendants”) on October 27, 2022. Plaintiff alleges that “[o]n or about December 15, 2021, PLAINTIFF, a legally blind and disabled person, contacted Defendant ACCESS SERVICES… for transportation ser...

Excerpt: ... 6, 2023, the Court ordered Plaintiff to provi de responses without objection to Defendants' request for form interrogatories and request for production within 20 days of the order. On April 12, 2024, Defendants filed the instant motion for terminating sanctions. On May 14, 2024, Plaintiff's counsel filed a declaration admitting fault for the failure to comply with this Court's order of December 6, 2023 and representing to the Court that Plaintif...

Excerpt: ...os Angeles International Airport (“LAX”), City of Los Angeles (“City”), County of Los Angeles (“County”), State of California, and California Department of Transportation, arising from an incident where Plaintiff fell while riding an escalator when it malfunctioned. The Complaint alleges the sole cause of action premises liability – dangerous condition of public property. On November 6, 2023, City filed its answer to the Complaint. ...

Excerpt: ... will prevail. “When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking.” Code Civ. Proc. §1030(a). Plaintiff will not be required to file an undertaking unless “there is a reasonable possibility that the moving defendant will obtain judgment in the action or spe...

Excerpt: ...tment 76 may be sent by email to [email protected] or telephonically at 213 -830- 0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, oral argument will not be permitted. This is a lawsuit filed by Plaintiff general contractor alleging that Defendant subcontractor has breached a settlement agreement by filing an arbitration demand. The court granted Defendant's motion to compel arbitration.. The Court entered judgme...

Excerpt: ...The court considered the moving papers. No opposition papers were filed. RULING The motion to compel answers to form interrogatories is GRANTED. Plaintiff is ordered to serve verified, complete, and code-compliant responses, without objections, to set one of defendant's form interrogatories within 30 days of the date of notice of this order. The motion to compel answers to special interrogatories is GRANTED. Plaintiff is ordered to serve verified...

Excerpt: ...2023 ruling which granted Defendant's motion to compel arbitration. BACKGROUND Plaintiff Zhiwei Chen (“Plaintiff”) alleges that Defendant Verizon Wireless Services, LLC (“Defendant”) used a technical means to take control of his phone and make him unable to use his phone. Plaintiff alleges that Defendant forged Plaintiff's signature with the intention of taking possession of Plaintiff's property. On August 28, 2023, Plaintiff filed a Comp...

Excerpt: ...iffs”) filed this action against de\ fendant Tesla, Inc. (“Defendant”) asserting violations of the Song-Beverly Consumer Warranty Act (“SBA”). On November 29, 2023, Defendant filed this motion to compel Plaintiffs to arbitrate their claims and to stay the action pending the outcome of \ arbitration. The motion is unopposed. II. LEGAL STANDARD When seeking to compel arbitration, the initial burden lies with the moving party to demonstrat...

Excerpt: ...not repair. Defe ndant allegedly failed to comply with its obligations under the Song-Beverly Consumer Warranty Act (“the Act”). II. ARGUMENTS Honda requests an order compelling this matter to binding arbitration pursuant to the Federal Arbitration Act (“FAA”) as required by the Retail Installment Sales Contract (“Sales Contract”), which includes a provision requiring arbitration to resolve disputes co ncerning the purchase or conditi...

Excerpt: ...t Moreno accosted Ybarra while with his wife and threatened to inflict grievous bodily harm upon Ybarra, by pointing a weapon toward them, while verbally assaulting Ybarra. Motion to Compel Deposition Any party may obtain discovery … by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) CCP section¿2025.450(a) provides:¿“If, after service of a deposition notice, a party to the action...

Excerpt: ...r”). During the warranty period, Plaintiff alleges that he presented the Car for repairs relating to engine defect on at least three occasions. None of the repair attempts worked. Plaintiff further alleges that Defendant General Motors LLC has long been aware of widespread engine defects in the 2020 GMC Sierra. Plaintiff claims Defendant has conducted internal investigations, testing, analyses regarding the engine defect – all in a n effort t...

Excerpt: ...Lands Nathanson for various items in Request For Production, Set One and Request For Production, Set Two. A. Defendant Must Pay One Additional Filing Fee. Defendant's single motion seeks to compel production pursuant to two different sets of RFPs. Each category of discovery should have been filed as a separate motion, with separate filing fees and hearing reservations. Despite being scheduled as only one motion and one hearing, the total substanc...

Excerpt: ...ligence and general negligence arising out of an accident occurring on October 4, 2019, at or near the intersection of Reseda Bo ulevard and Devonshire in Los Angeles. On October 18, 2023, Irwin Leslie Jasper (erroneously sued as Rwin Leslie Jasper) (“Defendant”) filed an answer to the complaint. On October 18, 2023, Defendant served Plaintiff with written discovery, including Form Interrogatories (Set One), Special Interrogatories (Set One),...

Excerpt: ...iled an answer. On January 23, 2024, Defendant filed a motion to compel Plaintiffs to appear for independent medical examinations and for sanctions, to be heard on April 18, 2024. On April 5, 2024, Plaintiffs filed an opposition. On April 11, 2024, Defendant filed a reply. The Court continued the hearing to May 16, 2024. Trial is currently scheduled for September 10, 2024. PARTIES' REQUESTS Defendant asks the Court to order Plaintiffs to attend i...

Excerpt: ... initial responses, without objections, to plaintiff Wilfredo Cardenas' Special Interrogatories (Set Two) within 30 days of this ruling. The defendant is further ordered to pay the plaintiff sanctions of $1,084.80. The MOTION FOR ISSUE SANCTIONS AND MONETARY SANCTIONS AGAINST DEFENDANT FOR THE FAILURE TO COMPLY WITH THE COURT'S ORDER is GRANTED IN PART and DENIED IN PART as follows. The request to impose issue sanctions on defendant 11651-11652 Y...

Excerpt: ...NT ROCHELLE H. STERLING TO ATTEND TRIAL (filed 01/25/24) TENTATIVE RULING Defendant's Motion for an Order to Compel Plaintiff to Pay the Defendant's Experts' Deposition Fees is CONTINUED to allow Defendant to submit evidence of Defendant's experts reasonable fees. Plaintiff's Motion for an Order to Compel Defendant Rochelle H. Sterling to Attend Trial is MOOT. BACKGROUND On October 23, 2019, Plaintiff Shahnaz Amirtalesh (“Plaintiff”) filed th...

Excerpt: ...led the instant action for fraud against Alina Grygoryshyna (“Judgment Debtor”), also in pro per, on July 6, 2020. Following Judgment Debtor's failure to appear, the Court entered default judgment in Judgment Creditor's favor on January 4, 2021. Judgment Creditor filed the instant Motion to Compel Third Parties to Produce Documents on September 25, 2023. Third -party Bank of Hope filed an opposition on November 13, 2023 and third - party Samm...

Excerpt: ...Plaintiff”), both in his capacity as a trustee and his capacity as a person most knowledgeable (“PMK”). Defendant also requests certain document productions. Defendant seeks as sanctions attorney's fees in the total amounts of $13,000. The Court GRANTS Defendant's motions to compel Plaintiff's depositions in their entirety. The Court GRANTS Defendant's motions to compel document production in their entirety. Defendant shall produce the depo...

Excerpt: ...f Song -Beverly Act – Breach of Implied Warranty, and (3) Violation of Song -Beverly Act Section 1793.2. MOTION 1 - RELIEF REQUESTED¿ “ Plaintiff, MARIELY GARCIA -ROMERO (hereinafter “Plaintiff”), will, and hereby do, move for an order to compel responses, without objections, to Plaintiff's Form and Special Interrogatories, Set One (“Interrogatories”). Plaintiff's Interrogatories were ini tially served and propounded on Defendant by ...

Excerpt: ...f Song -Beverly Act – Breach of Implied Warranty, and (3) Violation of Song -Beverly Act Section 1793.2. RELIEF REQUESTED¿ “Plaintiff, BENIGNO T. EVARDONE, JR. (hereinafter “Plaintiff”), will, and hereby do, move for an order to compel responses, without objections, to Plaintiff's Form and Special Interrogatories, Set One (“Interrogatories”). Plaintiff's Interrogatories were initially served and propounded on Defendant by Plaintiff o...

Excerpt: ... Plamtiff Jade Carrasco, by and through her Guardian Ad Litem Jesse Ronald Carrasco, ("Plaintiff Carrasco") propounded special interrogatories, set one, and demand for production of documents, set one, on defendant Mark Radgowski ("Defendant Mark") on December 27, 2023. (Quiroga Decl. 7.) To date, Defendant Mark has not served responses. (ld. at 10.) Plaintiff Carrasco therefore seeks an order compelling Defendant Mark to respond, without objecti...

Excerpt: ...onetary sanctions. 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 w ork product, unless “[t]he party has subsequently served a response that is in substantial compliance” and �...

Excerpt: ... DeCastro's motion was reserved as a Motion for Sanctions. DeCastro's motion is not a Motion for Sanctions but a Motion to Compel Further Responses to RFPs pursuant to CCP §2031.310. DeCastro failed to submit a mandatory CRC Rule 3.1345 Separate Statement. DeCastro's failure to include a separate statement is not fatal, however, given that Pierattini submits a copy of his responses to the RFPs and there are only four RFPs at issue. (Katrinak Dec...

Excerpt: ... civil harassment, assault, battery, trespass, and intentional infliction of emotional distress. Previously, the Court denied without prejudice Defendants motion for terminating sanctions to dismiss Plaintiffs action for failing to serve verified discovery responses in compliance with the Court's November 16, 2023 Order, and instead granted lesser sanctions. (Min. Order, March 26, 2024.) On this renewed motion or terminating sanctions, Defendant ...