Excerpt: ...aintiff George Perez filed this action against Defendant Brian Leigh Palmer arising from a May 31, 2017 motor vehicle accident. Plaintiff seeks an order compelling Defendant's further responses to Special Interrogatories (“SROGs”) (Set One) and Form Interrogatories (“FROGs”) (Set One). In opposition, Defendant argues that the Motions are time-barred because the moving and supporting papers were filed after the notice of motion. The Court ...

Excerpt: ...ool District (“Defendant”) arising from a motor vehicle collision. Defendant moves to compel Plaintiff's deposition and seeks monetary sanctions of $2,072.50. 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 test...

Excerpt: ...tor vehicle collision. Plaintiff moves for trial preference under Code of Civil Procedure section 36(a). A party who is over 70 years old may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) the party has a substantial interest in the action as a whole; and (2) the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the lit...

Excerpt: ...aintiff asserts a single cause of action and alleges that on July 16, 2017, she was injured when an assistant manager pushed a shopping cart full of merchandise into her. (Compl., GN-1.) Plaintiff alleges the employee should have been aware of her presence and negligently, carelessly, and recklessly inspected the premises and operated the shopping cart. On January 5, 2021, Defendant filed a motion for summary judgment. In the notice, Defendant se...

Excerpt: ...enazi. Dr. Eskenazi is one of Plaintiff's retained medical experts and Plaintiff contends the subpoena violates the attorney work product doctrine and Plaintiff's right to privacy. A deposition subpoena may request (1) only the attendance and testimony of a deponent, (2) only the production of business records for copying, or (3) the attendance and testimony, as well as the production of business records. (Code Civ. Proc., § 2020.020.) The court...

Excerpt: ...The Maids”) and Morris Yadidi (“Yadidi”) (collectively, “Defendants”) for premises liability and negligence. Plaintiff alleges that on December 8, 2017, she slipped and fell on water or other similar substance while employed by Defendants and performing her duties as a maid. (Compl., ¶¶ 15-16.) Plaintiff moves for an order compelling Yadidi's deposition as well as the deposition of Marlene Alvarez (“Alvarez”), one of Yadidi's empl...

Excerpt: ...filed this action against Armando Aguilar (“Aguilar”) and A and A Trucking (collectively, “Defendants”) arising from an April 15, 2019 motor vehicle vs. truck collision. On August 5, 2020, Plaintiff named Lee Ramirez as Doe 1. On January 11, 2021, the Court granted Plaintiff's motion for leave to amend the complaint to add punitive damages against Defendants. On January 15, 2021, Plaintiff filed the operative First Amended Complaint. Defe...

Excerpt: ...against defendant Moshe Wilker, M.D. for medical malpractice. Defendant seeks to quash Plaintiff's deposition subpoena to Jenny Guerrero (“Ms. Guerrero”), who is the office manager of Defendant's expert witness, Dr. Domenick Sisto, M.D. (“Dr. Sisto”). Ms. Guerrero was served on July 24, 2020 to appear for deposition on August 24, 2020. Defendant served an objection on August 3, 2020 and filed this Motion on August 19, 2020. A deposition s...

Excerpt: ...uccessor-in-interest for decedent Daniel Odoemelam (“Decedent”) filed this action for wrongful death- negligence/premises liability against Defendant Best Western International, Inc. (“Best Western”). On January 15, 2021, Plaintiff filed a First Amended Complaint (“FAC”). Defendant Hollywood Franklin Hotel and Restaurant Associates (“Hollywood Franklin Hotel”) was named as Doe 1 on January 19, 2021. Best Western and Hollywood Fran...

Excerpt: ... Hamm (“Defendant”) arising from an April 18, 2018 3-vehicle automobile collision. Defendant seeks an order setting a reasonable rate for the expert witness fees of Plaintiff's non-retained experts Vikram Singh, M.D., Neil S. Ghodadra, M.D., and Nitesh Patel, M.D. Defendant contends Plaintiff's experts' requested fee of $2,000 an hour is too high and that his own expert, Jeffrey Korchek, M.D. only charges $900 per hour. If a party desiring to...

Excerpt: ...Francis Medical Center (“Defendant”) alleging professional negligence and battery arising from a November 15, 2018 uterine biopsy. Defendant moves for summary judgment on the grounds that there exists no triable issue of material fact. The Motion is unopposed. II. FACTUAL BACKGROUND Plaintiff alleges that on November 15, 2018, she underwent a uterine biopsy at St. Francis Medical Center. (Defendant's Undisputed Material Fact (“UMF”) No. 2...

Excerpt: ...iled this action for negligence and loss of consortium against Defendants Health Care Transport, Inc. dba Silver Medical Transportation (“Defendant”) and Anup Patel. Plaintiffs allege that on November 7, 2019, Defendant's employee, initially named as Defendant Doe 1 Driver, negligently loaded Plaintiff into Defendant's van to transport her from her retirement center to her dialysis appointment, causing her to be thrown from her wheelchair. (C...

Excerpt: ...ARBITRATION Dept. 27 8:30 a.m. March 5, 2021 I.INTRODUCTION On January 6, 2020, Plaintiff Toby Rachel Levin filed this action against Defendants Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., Kaiser Health Plan Asset Management, Inc., and Kaiser Hospital Asset Management, Inc. (collectively, “Defendants”). Plaintiff alleges that on January 15, 2019, Plaintiff was at the Kaiser Permanente hospital located at 1515 N. Vermont ...

Excerpt: ...gainst defendants Francisco Javier Gonzalez and Calmet Servies, Inc. arising from a December 5, 2017 automobile accident. Plaintiff seeks to quash Defendants' subpoenas to Government Employee Insurance Company and Santa Fe Rehabilitation (for medical, billing, and radiological records). Defendants' subpoena to Government Employee Insurance Company requests: ““Any and all insurance claims, insurance policies, declaration pages, files, reports,...

Excerpt: ...“Defendant”) arising from a May 26, 2017 slip and fall. Defendant moves for summary judgment on the grounds that Plaintiff has admitted: (1) Defendant was in full compliance with all applicable building codes, rules, and ordinances on the date of the accident; (2) Defendant did not have actual or constructive knowledge of any dangerous or defective condition in the area where Plaintiff fell; (3) Defendant was not negligent; (4) Defendant did ...

Excerpt: ...gnity Health, and Roger Fontes, M.D. (“Dr. Fontes”) arising from a surgery involving the insertion of a radial head device into his arm and elbow. Plaintiff asserts causes of action against Defendant for strict liability, products liability, fraud, and breach of implied and express warranty. Plaintiff also asserts a cause of action for professional negligence against Dr. Fontes and Dignity Health. On January 8, 2021, Plaintiff filed the opera...

Excerpt: ...both minors, by and through their Guardian ad litem, Arturo Jimenez filed this action against Defendant Michelin North America, Inc. (sued erroneously as Michelin Tire Company) arising from an April 26, 2017 car accident. Plaintiff alleges a tire manufactured by Defendant exploded when her boyfriend ran over “black chunks” on the freeway, causing her boyfriend to lose control of the vehicle. The vehicle rolled approximately 3 times and immedi...

Excerpt: ...a November 20, 2017 trip and fall. On June 23, 2020, the Court granted Defendant's motion to compel Plaintiff's responses to discovery requests and ordered Plaintiff to pay monetary sanctions within 20 days of the order. Defendant served a notice of ruling on June 25, 2020. Defense counsel states that Plaintiff has not served responses or paid monetary sanctions as ordered by the Court in its June 23, 2020 Minute Order. (Johnson Decl., ¶ 8.) On ...

Excerpt: ...d for Production, Set One, and Form Interrogatory, Set One, No. 4.1. The parties attended an IDC on January 20, 2021. The issues were not resolved. Instead, the Court suggested that Defendant cite authority to support the argument that a risk pooling trust is not discoverable. However, Defendant's opposition brief did not cite any authority supporting its argument that it should not have to produce more than a declaration page because a risk pool...

Excerpt: ...N On April 4, 2018, Plaintiff Rosalina Tsakalis (“Plaintiff”) filed this action against Defendants Elizabeth Reserva, Bob Simon, Rebecca Simon, Eduardo Flores, and Helen Flores alleging the following causes of action: (1) negligence; (2) assault and battery; (3) intentional infliction of emotional distress; (4) negligent supervision; (5) premises liability; and (6) employer liability for injuries resulting from work place violence. Plaintiff ...

Excerpt: ...Mark Kranston Jones filed this action against Defendants Los Angeles County Development Authority (“Defendant”), City of West Hollywood, County of Los Angeles, and State of California alleging a dangerous condition of public property. Defendant demurs to the Complaint on the grounds that it fails to state facts sufficient to constitute a cause of action and is uncertain. Defendant also moves to strike several statutory references from the Com...

Excerpt: ...his action arising from an August 20, 2017 fall. Plaintiff alleges she sustained injuries after a wheelie cart fell and struck her. Plaintiff claims she developed pain to the lower back, right sacrum and right thigh to knee with numbness and tingling. Her alleged injuries consist of contusions of the right thigh and a sprain/strain of the right sacroiliac joint and lumbar spine with associated post trauma joint dysfunction, and the inability to s...

Excerpt: ..., Plaintiff Kenneth Allen Rogers filed this action against Defendants Omar Hernan Olave (“Defendant”), Thyssenkrupp Elevators, Inc., and Lease Plan U.S.A. arising from a February 19, 2019 motor vehicle collision. On January 6, 2021, Plaintiff served a notice of deposition of Defendant scheduled for January 21, 2021. (Plaintiff's Ex. 2.) No objections were served. But, on January 20, 2021, defense counsel's office requested a continuance of th...

Excerpt: ...s”) filed this action against Defendants Vikki Hurwitz (Hurwitz) and City of Culver City (“Defendant”) arising from a bicycle vs. bicycle collision on the Ballona Creek Bike Path. Plaintiff and Hurwitz collided into each other on the bike path, which Plaintiff claimed was a dangerous condition. Plaintiffs have reached a settlement with Defendant in exchange for a waiver of costs. Defendant now seeks a determination of good faith settlement ...

Excerpt: ...r y 23, 2021 On February 6, 2020, plaintiff Manijeh Mohebaliyan filed this action against defendants Yard House USA, Inc., Darden Concepts, Inc., Leon Nicholson, and Logan Ward (collectively, “Defendants”) for premises liability and negligence arising from a January 25, 2020 slip and fall on a step located next to a restaurant's check-in desk. Plaintiff testified that at the time of the incident, she was on her way to a blind date with an ind...