Excerpt: ...��Plaintiffs”) filed this action against Defendants Benigno Rodriguez and Rigoberto Rodriguez arising from a February 7, 2018 car accident. On November 7, 2018, the Court granted Plaintiffs' motion for trial preference and set trial for March 7, 2019. On January 24, 2019, the parties stipulated to continue the trial to October 9, 2019 after Decedent passed away. On September 30, 2019, the Court granted Defendants' ex parte application to contin...

Excerpt: ...and as successors in interest to Decedent Eduard Arakelyan (“Decedent”), Levush Arakelyan, Ashot Arakelyan, Mariam Arakelyan, and Naira Arakelyan filed this wrongful death/survival action against Defendants Anna Lynelle Graves (“Graves”), the City of Pasadena (“Defendant”), and the County of Los Angeles arising from a November 7, 2017 motorcycle vs. automobile collision between Decedent and Graves. Plaintiffs asserted 2 causes of acti...

Excerpt: ...ion and Gloria Mejia. Plaintiff alleges that on July 15, 2019, she slipped and fell on a liquid substance while in a target store. Gloria Mejia (“Defendant”) demurs to the Complaint 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 At...

Excerpt: ...uary 26, 2018 bicycle vs. automobile collision. Defendant moves for summary judgment or, in the alternative, motion for summary adjudication on the issue of damages pursuant to Civil Code section 3333.4. II.FACTUAL BACKGROUND The incident occurred on n January 26, 2018, at approximately 2:50 p.m., on Vermont Avenue between 3rd and 4th Street in Los Angeles. (Defendant's Undisputed Material Fact (“UMF”) Nos. 1, 2.) Plaintiff was operating a po...

Excerpt: ..., Willie Curry-Barnes (“Barnes”), Greg Carter II (“Carter”), Gary McElmurry (“McElmurry”), and Robert Fox (“Fox”) (collectively, Barnes, Carter, McElmurry, and Fox are referred to the “Individual Defendants”) arising from an August 16, 2018, slip and fall. Plaintiff alleges the Individual Defendants were managerial employees responsible for maintaining the premises of Costco's store. Plaintiff asserts causes of action for prem...

Excerpt: ...rike Plaintiff's allegations for punitive damages from the Complaint. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Cal. Civ. Proc. Code § 435 (b)(1).) The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Cal Civ. Proc. Code § 436 (a);...

Excerpt: ...endant Arcadia Outpatient Surgery Center, L.P. arising from a surgical procedure performed on September 21, 2019. Defendant demurs to the Complaint on the grounds that it is time-barred. 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 ...

Excerpt: ...for strict products liability. Plaintiff alleges that he lost his balance and fell from the outer ledges of a dumpster that he climbed to empty trash. Plaintiff alleges Defendant's dumpster contained design and manufacturing defects. Defendant moves to strike Plaintiff's prayer for punitive damages. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Cal. Civ....

Excerpt: ...ity, Gelco Fleet Trust, and Jeff Schulman arising from an August 31, 2017 motor vehicle accident. Plaintiff seeks an order quashing subpoenas issued by Tesla Motors, Inc. and Solar City (collectively, “Defendants”) seeking her medical records from 16 different custodians for the last 10 years. In the alternative, Plaintiff requests the Court modify the subpoenas so they are limited to the injuries she sustained to her neck, back, knee, and wr...

Excerpt: ...“Rojas”) (collectively, “Defendants”) arising from an August 29, 2018 automobile accident. On June 12, 2020, Plaintiff filed proofs of service reflecting that Rojas and Rodriguez were each served with the summons, complaint, and statement by personal service on March 7, 2020 at 13325 Glamis St., Pacoima, California. At Plaintiff's request, default was entered against Defendants on June 12, 2020. Defendants move to set aside the entry of d...

Excerpt: ...�Plaintiff”) and Saib Daoud (“Daoud”) (collectively, “Plaintiffs”) filed this action for medical malpractice and loss of consortium arising from a hysterectomy surgery. On November 26, 2019, Plaintiffs filed a First Amended Complaint (“FAC”). Defendants Emanate Health Foothill Hospital (erroneously sued as Foothill Presbyterian Hospital) and Emanate Health System (erroneously sued as Emanate Health dba Citrus Valley Health Partners,...

Excerpt: ...led this action against the Los Angeles County Metropolitan Transportation Authority (“Defendant”). Plaintiff alleges that on January 14, 2019, she fell when Defendant's bus driver employee caused the bus to jolt. Defendant demurs to the causes of action for General Negligence and Motor Vehicle Negligence on the grounds that they are uncertain and fail to state facts sufficient to constitute a cause of action. Defendant also moves to strike p...

Excerpt: ...ACKGROUND This uninsured motorist claim arises from a November 21, 2013 two-car accident in which the uninsured motorist allegedly ran over Claimant Daniel Geoulla while fleeing the scene of the accident. The events that triggered this Motion began after Respondent's counsel, Thomas W. Shaver (“Mr. Shaver”) suggested to Claimant's counsel that Claimant's deposition testimony was different from a previously recorded statement because Claimant ...

Excerpt: ...ckey Caballero (collectively, “Defendants”). The action arises from a May 19, 2017 dog bite. Plaintiff alleges Defendants failed to exercise reasonable care to control or contain a German Shepherd dog or remove it from their property. Defendants move to strike Plaintiff's request for punitive damages in Paragraphs 34, 40, 46, and Plaintiff's prayer for punitive damages and all references to malice, oppression, fraud, punitive damages, or exem...

Excerpt: ...ltagracia Castro filed this action against Defendant Azatui Samvelian arising from a January 7, 2019 car accident. On April 6, 2020, Plaintiff Altagracia Castro served Special Interrogatories, Set One, Form Interrogatories, Set One, Request for Admissions, Set One, and Request for Production, Set One on Defendant. On September 16, 2020, after no responses were received, Plaintiff filed this motion to deem admitted the matters in her Requests for ...

Excerpt: ...l malpractice action against Defendants Mehryar Taban (“Defendant”) and Mehryar Taban MD Inc. (collectively, “Defendants”) arising from cosmetic surgeries performed on July 19, 2019. On December 7, 2020, the Court granted Defendant's motion to strike Plaintiff's request for punitive damages per Code of Civil Procedure section 425.13. Plaintiff now brings this separately noticed motion for leave to amend the complaint to add punitive damag...

Excerpt: ... 19, 2021 I.INTRODUCTION On June 11, 2020, Plaintiffs Pheng Port and Cassandra Port (collectively, “Plaintiffs”) filed this action against multiple defendants including Los Angeles Unified School District (“Defendant”) arising from an October 11, 2019 pedestrian v. motor vehicle accident. Plaintiffs allege they were lawfully in a crosswalk when they were struck by a vehicle driven by co-defendant Mary Louise Smith while in the course and ...

Excerpt: .... dba Superior Grocers (“Defendant”) arising from a June 8, 2017 slip and fall. Plaintiff alleges that while at one of Defendant's grocery stores, she slipped and fell in water on the floor. She testified in deposition that it was in the meat aisle refrigerated section when she was walking to the meat counter to get a ticket for service. Defendant moves for summary judgment on the ground that there is no triable issue of material fact as to t...

Excerpt: ...dants Chintu Shah (“Shah”) and Dume Plaza III, LLC (“Dume”) (collectively, “Defendants”). Plaintiff alleges that on October 4, 2018, she was an invitee on property owned by Dume in Malibu when she was bitten and injured by Shah's dogs. Plaintiff alleges that Dume's management was aware that persons at the property were allowed to bring animals and failed to take action to protect Plaintiff from being attacked by the two dogs. Dume dem...

Excerpt: ...g from a January 2, 2018 motor vehicle collision. Plaintiff alleges Defendant was using a cell phone, not watching the roadway, and speeding. Plaintiff also alleges a cause of action for intentional infliction of emotional distress. Plaintiff requests exemplary damages. Defendant demurs to the cause of action for intentional infliction of emotional distress and moves to strike Plaintiff's exemplary damages attachment and punitive damages allegati...

Excerpt: ...ille filed this action against Defendant Steve Howey. On January 27, 2020, Defendant served Plaintiff with written discovery. No responses were received and Defendant filed motions to compel responses and deem admitted, which were heard and granted on August 24. 2020. The Court ordered Plaintiff to provide responses and pay monetary sanctions within 20 days of the date of the August 24, 2020 Order. Plaintiff has not provided responses or paid san...

Excerpt: ...st defendants Forest Lawn Memorial-Park Association and Forest Lawn Mortuary (collectively, “Defendants” arising from a January 23, 2017 slip on muddy grass at a memorial service. Plaintiff volunteered to be a pallbearer for the deceased and alleges he injured himself while attending the service and participating in the event at Defendant' direction. Plaintiff asserts causes of action for general negligence and premises liability. Defendants ...

Excerpt: ...r 8, 2020, Plaintiff Veronica Conley filed this action against Defendants James Wang, D.P.M. (Dr. Wang) and the University of Southern California dba Keck Hospital of USC (“USC”) (“Defendants”) for medical malpractice arising from treatment provided on August 10, 2018. Defendants demur to the Complaint on the grounds that it is barred by the statute of limitations. The Demurrer is unopposed. II.LEGAL STANDARDS A demurrer tests the legal s...

Excerpt: ...andscaping Service¿(“Defendant”)¿arising from an August 10, 2018 trip and fall. Defendant¿issued deposition subpoenas to¿12 medical providers which Plaintiff moves to quash.¿ The subpoenas are directed to:¿¿ 1. Bob B. Armin, M.D. 2. Cedars-Sinai Medical center 3. Fair Oaks Women's Health 4. Primex Clinical Laboratories, Inc. 5. The Hill Medical Corporation 6. BioVentus, LLC 7. Richard P. Cain, M.D. 8. Irene T. Gaw Gonzalo, M.D. 9. Hunt...

Excerpt: ...ed this action against Defendants Armando Aguilar (“Aguilar”) and A and A Trucking (collectively, “Defendants”) arising from a motor vehicle accident that occurred when Doe Defendant Lee Ramirez (“Ramirez”) rear-ended her while in the course and scope of his employment with A and A Trucking. Plaintiff seeks leave to file an amended complaint to seek punitive damages after deposing Aguilar as A and A Trucking's PMK on August 27, 2020. ...