Excerpt: ...September 19, 2019 motor vehicle collision. On November 17, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”). Plaintiff seeks to quash Defendant's subpoenas to Anthem Insurance Group (the “Anthem Subpoena”) and Dr. Daniel Brueggemann (the “Brueggemann Subpoena”) for Plaintiff's medical and health insurance history and limit them to areas of the body at issue in this lawsuit. The Anthem Subpoena requests: “Any and ...

Excerpt: ...e, a minor by and through his guardian ad litem, Silvia Rodarte, (“Plaintiff”) filed this action against defendant Baldwin Park Unified School District (“Defendant”) arising from a February 28, 2019 trip and fall on a solar panel. On December 10, 2020, Defendant served Form Interrogatories (Set Two), Special Interrogatories (Set One), and Requests for Admission (Set One) on Plaintiff. No responses were received. On January 19, 2021, Defen...

Excerpt: ...y 25, 2021, the Court granted Ramirez's motion to compel Plaintiff's responses to written discovery and ordered Plaintiff to serve verified responses within 30 days. City and Ramirez both move for terminating sanctions and monetary sanctions based on Plaintiff's failure to comply with the Court's January 28 and February 25 orders. Where a party fails to obey an order compelling answers to discovery, “the court may make those orders that are jus...

Excerpt: ... and scope of his employer, Conejo Valley Electric, which is also owned by Ridge. Silva rear-ended a vehicle driven by Richard Hersh in which Gina Hersh was the passenger. The Hersh Plaintiffs' vehicle then rear-ended another vehicle driven by Stephany Buendia. The Hersh Plaintiffs and Buendia filed their separate actions which were later consolidated. A related case was filed by the Hersh Plaintiff's insurer, Wawanesa General Insurance Company (...

Excerpt: ...e of action for Fradulent Asset Tranfser to Delay a Creditor, and adding a claim for punitive damages. The court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading, including adding or striking out the name of any party, or correcting a mistake in the name of a party, or a mistake in any other respect. (Code Civ. Proc., § 473, subd. (a)(1).) “Public policy dictates t...

Excerpt: ...nd post-op visit report have been produced to Defendant, but Defendant requests additional information about Plaintiff's pre-existing knee pain. If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure fully to answer the interrogatories. (Coy v. Sup.Ct. (Wolcher) (1962) 58 Cal.2d 210, 220-221; Fairmont Ins. Co. v. Sup.Ct. (2000) 22 Cal.4th 245, 255.) Special Interrogatories, Set One S...

Excerpt: ... and scope of her employment with TAC at the time of the accident. Defendant moves for summary judgment on the grounds that Eiskowitz was not working within the course and scope of her employment with TAC at the time of the accident. The hearing for this Motion was originally scheduled for April 27, 2021. However, at the hearing, Plaintiff claimed he mistakenly filed objections that belonged to another case. The Court continued the hearing to May...

Excerpt: ...fendants #WO, LLC dba WO•LA (“WO•LA”), Peter Strykowski (sued under his stage name, “Peter Lee Thomas”) (“Thomas”) and Craig Juda (“Juda”) (collectively, “Defendants”) for negligence and gross negligence arising from a fall during a martial arts class, named “P.H.I.G.T. Club. Plaintiff alleges the studio was designed for low impact workout, but not hand-to-hand combat and martial art exercises practiced in the P.H.I.G.T....

Excerpt: ...�) filed this action against defendants Blick Art Materials (“Defendant”) and City of Los Angeles arising from a February 8, 2019 trip and fall. On Marcy 31, 2020, Defendant served Form Interrogatories (Set One), Special Interrogatories (Set One), and Requests for Production of Documents (Set One) on Plaintiff. No responses were received. Defendant filed its motions on September 25, 2020. Where a party fails to serve timely responses to disco...

Excerpt: ...filed this action against defendants Global Experience Specialists, Inc. (“GES”) and its employee, John Sims (“Sims”) (collectively, “Defendants”), arising from an October 3, 2016 construction site injury at the Anaheim Convention Center. GES was the general contractor for a project to install an LED wall for an exhibition booth at the Orange County Auto Show. Plaintiff was working for his employer, National Convention Services, when ...

Excerpt: ...Kobulnick (“Defendant”) and Belinda Kobulnick arising from a February 11, 2018 pedestrian vs. automobile accident. On November 8, 2019, Plaintiff dismissed Belinda Kobulnick from the action. On April 5, 2021, Defendant filed this motion for leave to obtain an additional physical examination of Plaintiff and additional dental x-rays. Specifically, Defendant seeks an order compelling Plaintiff to submit to dental x-rays on May 12, 2021 at 9:30 ...

Excerpt: ...dants Miguel Angel Ramos and Guillermina Ramos (collectively, “Defendants”) arising from a November 28, 2018 dog bite. On November 6, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”) adding a cause of action for premises liability. Defendants demur to the FAC on the grounds that it fails to state facts sufficient to constitute a cause of action against Defendants. Defendants also demur on the grounds that the FAC is unc...

Excerpt: ...ens Jr., through their respective guardians ad litem, filed this action as the successors-in-interest to Ryan Givens (“Decedent”) against Defendants Brandon Hinton (“Hinton”), Century City Mall, LLC (“Defendant”), and Marcos & Javiers, LLC dba Mexi-Grill LLC (“Mexi-Grill”). The action arises from a January 20, 2020 shooting at the Westfield Century City Mall, which is allegedly owned, operated, managed, or supervised by Defendant....

Excerpt: ...mon Guzman arising from a June 17, 2017 motor vehicle rear-end accident. On July 16, 2020, Plaintiff filed an amendment naming Tyler Merrick (“Defendant”) as Doe 2, who now moves to quash on the grounds that the action is barred by the statute of limitations and the relation back doctrine does not apply. The general rule is that an amended complaint that adds a new defendant does not relate back to the date of filing the original complaint an...

Excerpt: ...m a September 27, 2018 vehicle vs. pedestrian accident. Plaintiff claims the following injuries: back pain, neck pain, brain injury, PTSD, nausea, and tinnitus. Plaintiff also claims the following continuing injuries: fogginess, dizziness, light sensitivity, memory loss, ringing of ears, nausea, cranial pressure, spinal pain lower, middle upper, and daily ringing of ears and spinal pain. Due to the range of Plaintiff's claimed injuries, Defendant...

Excerpt: ...rties. Claimant states she was working as an Uber driver on August 24, 2018 when she was involved in a collision with an UIM. She sustained severe injuries to her neck and lower back, which necessitated lumbar trigger point injections, facet joint injections, nerve branch blocks, and lumbar epidural steroid injections. Approximately 4 months later, on December 10, 2018, Claimant was again working as an Uber driver when she was involved in a colli...

Excerpt: ... Alpha Beta Company dba Food 4 Less (erroneously sued as “Food 4 Less, Inc.”) arising from a January 15, 2018 slip and fall. Plaintiff alleges she was walking down Aisle 9 of Defendant's grocery store when she slipped and fell on the inner piece of an orange. Defendant moves for summary judgment on the grounds that Plaintiff cannot establish the elements of breach of duty and causation. Defendant also argues that it did not have notice of any...

Excerpt: ...anyan filed this action against Defendant Kenneth Aaron Champion arising from an August 15, 2016 motor vehicle accident. On March 3, 2020, the Court granted Defendant's request for an order compelling Plaintiff's initial responses to Defendant's Form Interrogatories, Set One. The Court ordered Plaintiff to serve verified responses with 45 days. At the time of the March 3, 2020 hearing, Plaintiff had recently retained new counsel after his previou...

Excerpt: ... Guidry filed this action against Defendants Romiro Real and Lucero Real (collectively, “Defendants”). On February 1, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”). Plaintiff asserts three causes of action for general negligence, strict liability, and gross negligence/recklessness arising from a November 10, 2018 dog attack. Plaintiff also seeks punitive damages. On February 2, 2021, Defendants filed this Motion to s...

Excerpt: ... are responsible for the individual special needs students. (Attachment to Compl., (“Compl.”) ¶ 1.) Plaintiff alleges a BT was assigned to a special needs student, Richard Kim (“Kim”). Plaintiff alleges that the BT was a petite 5-foot tall woman and that Kim was 6 feet 2 inches tall. (Compl., ¶ 2.) Plaintiff alleges that Kim attacked her on August 16, 2017 and hit her multiple times around her head and chest area, causing her to suffer ...

Excerpt: ...vesns, and Ryan Givens Jr., through their respective guardians ad litem, filed this action as the successors in interest to Ryan Givens (“Decedent”) against Defendants Brandon Hinton (“Hinton”), Century City Mall, LLC (“Defendant”), and Marcos & Javiers, LLC dba Mexi-Grill LLC (“Mexi-Grill”). Plaintiffs allege causes of action for negligence as well as assault and battery. The action arises from a January 20, 2020 shooting at the ...

Excerpt: ...inst Defendant City of Los Angeles. On February 11, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”). In the FAC, Plaintiff alleges that on March 23, 2020, she was asleep in her apartment when the driver of a Los Angeles Sanitation truck hit and broke a gas pipe in the alleyway directly behind her apartment complex. As Plaintiff was evacuating her apartment, she slipped and tripped onto the landing in the common area. Defen...

Excerpt: ...echnical School) (“Don Bosco”) and¿Michele Casanova (“Casanova”) (collectively, “Defendants”) arising from a January 8, 2015 cheerleading performance.¿ Plaintiff alleges she was injured during a cheer routine when another cheer member¿fell directly on Plaintiff during a stunt at a halftime show.¿ On December 29, 2020, Defendants filed this Motion for summary judgment on the grounds that there is no triable issue of material fact a...

Excerpt: ...neously as “James Bernardino Gamban, II”) and Henry Alexander Gasparian (“Gasparian”). Plaintiff alleges that on October 18, 2018, he was at Universal's theme park when Gamban and Gasparian, who were working as security personnel, pulled him to the ground and struck him, causing him injuries. Plaintiff asserts causes of action for negligent retention and hiring, premises liability, assault, battery, and intentional infliction of emotional...

Excerpt: ...tion on the grounds that it is uncertain and fails to state facts sufficient to constitute a cause of action. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face.¿(City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc.¿(1998) 68 Cal.App.4th 445, 459.)¿¿“We treat the demurrer as admitting all material facts properly pleaded but not conte...