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Judge: Moreton, Edward B x
2021.01.08 Motion to Compel Further Responses 203
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2021.01.08
Excerpt: ... Karina Valle filed this action against Defendants Pama Management, Inc. (“Defendant”) and Group IX BP Properties LP. Plaintiff asserts causes of action for premises liability and negligence arising from a fall allegedly caused by a loose step. On August 28, 2020, Plaintiff filed two motions to compel further responses to Form Interrogatories, (Set One) and Request for Production of Documents (Set One). On September 1, Plaintiff filed a motio...
2021.01.08 Motion for Leave to File FAC 132
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2021.01.08
Excerpt: ...n December 31, 2019. On July 27, 2020, Plaintiffs Tingting Geng (“Plaintiff”) and her husband, Long Meng (collectively, “Plaintiffs”) filed this motion for leave to amend the Complaint to add a request for punitive damages against Jacinto Lam, M.D. (“Defendant”). Trial is currently set for April 29, 2021. The Motion is unopposed. Allegations in the Complaint Plaintiff asserts causes of action for medical professional negligence, lack ...
2021.01.07 Motion to Strike Punitive Damages 026
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2021.01.07
Excerpt: ...gainst defendant Albert Lionel Sanchez (“Defendant”). The operative First Amended Complaint (“FAC”) was filed on October 27, 2020. Defendant moves to strike Plaintiff's request for punitive damages and exemplary damages attachment from the FAC. 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. (Code Civ. Proc., § 436, ...
2021.01.07 Motion to Quash Subpoenas 887
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2021.01.07
Excerpt: ... dba Personal Dental Office and Dean Salo, D.D.S. (“Defendants”) arising from dental treatment provided on June 6, 2019. Defendants issued deposition subpoenas to 14 medical providers and pharmacies which Plaintiff moves to quash. The subpoenas are directed to: 1. Hope Integrated Psychiatry (any and all psychiatric records/reports including but not limited to medications, samples, prescription logs, prescription records, evaluations, notes, m...
2021.01.07 Motion for Summary Judgment 890
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2021.01.07
Excerpt: ...efendant”) and his medical corporation (collectively, “Defendants”) arising from treatment she received in March and April 2018 following a motor vehicle accident. She asserted causes of action for Medical Malpractice, Lack of Informed Consent, and Reckless Infliction of Emotional Distress. She alleges Defendant negligently performed pain management procedures on March 14, 2018 and April 18, 2018. She also claims that on April 18, 2018, Def...
2021.01.06 Motion for Summary Judgment 890
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2021.01.06
Excerpt: ..., “Plaintiffs”) filed this action against defendants Darling's Flowers, Inc. (“Defendant”) and City of Los Angeles (“City”). Defendant moves for an order granting summary judgment on the grounds that it had no duty to maintain the sidewalk property, it did not breach any duty, and any act or omission did not cause Plaintiff's harm. Plaintiffs filed a notice of non-opposition. II.FACTUAL BACKGROUND Plaintiff alleges that on January 21,...
2021.01.06 Demurrer, Motion to Strike 571
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2021.01.06
Excerpt: ...ntonio Seanez, Jr. (collectively, “Defendants”) for injuries sustained on June 26, 2018, when their pit bull allegedly attacked her while in the waiting room of a veterinary hospital. Plaintiff alleges the pit bull was “still under the exclusive control of its owner (who was holding its leash), prior to Defendants entering into any contract for services at the facility and prior to receiving any veterinary treatment at the facility.” (Com...
2021.01.05 Motion to Strike 845
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2021.01.05
Excerpt: ...vehicles in a chain reaction of collisions. Plaintiff further alleges Defendant was “driving erratically, at an unsafe speed, inattentive, [sic] not maintaining a proper lookout at time of accident.” (Compl., ¶ 18.) On June 29, 2020, Defendant filed a motion to strike Plaintiff's punitive damages allegations in Paragraph 18, Plaintiff's request for prejudgment interest, and Plaintiff's request for punitive and exemplary damages. On October 1...
2021.01.05 Motion for Terminating Sanctions 498
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2021.01.05
Excerpt: ...enpting to park her vehicle and then tried to drive away when Andres confronted her, resulting in Andres being dragged while he held onto Defendant's left-side back door of her car. On August 3, 2020, the Court ordered Plaintiffs to provide verified responses without objections to Defendant's written discovery. Defendant filed a notice of ruling on August 5, 2020, which stated that Margarita was ordered to respond to Defendant's Form Interrogator...
2021.01.05 Demurrer, Motion to Strike 237
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2021.01.05
Excerpt: ...oe defendants 1 through 25. A third cause of action for general negligence names “Ariel Ann Glass” and describes the conduct of Doe 1, a bus driver who caused the automobile accident. Defendant demurs to the FAC on the grounds that no statutory basis of liability is stated. Defendant also argues that the causes of action for negligence and motor vehicle are duplicative. Separately, Defendant moves to strike allegations of vicarious liability ...
2020.12.15 Demurrer 928
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.15
Excerpt: ...a filed this action against Defendants Lyft, Inc. (“Defendant”) and Ricky A. Alvarez (“Alvarez”). Plaintiff alleges that on February 27, 2020, he was working as a driver for Defendant and accepted a ride request from Alvarez. Plaintiff alleges that during the ride, Alvarez repeatedly stabbed Plaintiff causing severe lacerations to his left hand and both legs. Plaintiff asserts 4 causes of action: (1) statutory liability for failure to pro...
2020.12.15 Motion for Leave to File SAC 680
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.15
Excerpt: ...On July 2, 2016, she slipped on the mat and sustained injuries.¿¿ On June 29, 2018, Plaintiff filed this action against defendants¿Telebrands¿Corp. (“Telebrands”),¿Bulbhead, Bulbhead.com, LLC (“Bulbhead.com”), and Polar Pooch for negligence, strict products liability (manufacturing defect), strict products liability (design defect), strict products liability (failure to warn), strict products liability (failure to adequately test), a...
2020.12.15 Motion to Strike Doe Amendment to Complaint 427
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.15
Excerpt: ...ine Rifkin (“Christine”) and Does 1 to 100 arising from a May 13, 2016 pedestrian vs. motor vehicle accident. On July 1, 2020, Plaintiff filed an amendment to the complaint identifying Maxx Rifkin (“Maxx”) as the correct defendant. Christine is Maxx's mother was not the driver or a passenger in the car at the time of the accident. Maxx moves to strike the Doe amendment on the grounds that the statute of limitations expired on two years ag...
2020.12.14 Motion to Strike 703
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.14
Excerpt: ... and Does 1 through 5 (collectively, “Defendants”). Plaintiff alleges he was playing catch on April 3, 2019 on a grass field at Wilderness Park when his right foot and ankle fell into a sprinkler head hole. Plaintiff contends Defendants failed to maintain the grass and sprinkler head at Wilderness Park by allowing the deep sprinkler head hole to remain in place rather than to bring it level with or closer to ground level, allowing grass the g...
2020.12.14 Motion to Enforce Settlement 741
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.14
Excerpt: ...lectively, “Plaintiffs”) filed this action against Defendant Ideal Transit, Inc. Defendant moves to enforce a settlement agreement entered into between the parties on February 26, 2020. “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the...
2020.12.14 Motion for Summary Judgment 623
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.14
Excerpt: ...MOTION FOR SUMMARY JUDGMENT Dept. 27 2:30 p.m. December 14, 2020 I.INTRODUCTION On June 20, 2019, plaintiffs Lawrence Bright (“Plaintiff”) and Kathy Bright filed this medical malpractice action against defendant Peter Glieberman, M.D. (“Defendant”) arising from a hip replacement surgery performed on May 18, 2018. On August 9, 2019, Plaintiffs filed the operative First Amended Complaint in which Plaintiff alleges that during the course of ...
2020.12.14 Motion for Discovery of Peace Officer Personnel Records 557
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.14
Excerpt: ...s, Inc. dba Beverly Hills BMW (“Beverly Hills BMW”) and Kiki Cholewka (“Cholewka”) (collectively, “Defendants”) for negligence arising from services and repaired performed when he brought the vehicle in on March 1, 2017 and March 20, 2017. Plaintiff alleges he complained to Beverly Hills BMW that his vehicle's steering wheel had been locking up at certain times and asked Beverly Hills BMW to investigate and repair the issue. Plaintiff...
2020.12.14 Demurrer 145
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.14
Excerpt: ... [TENTATIVE] ORDER RE: DEFENDANTS SHIMA HADIDCHI AND ARASH MILANI'S DEMURRER TO PLAINTIFFS' COMPLAINT. Dept. 27 3:30 p.m. December 14, 2020 I.INTRODUCTION On August 3, 2020, Plaintiffs Vali Abdoli and Shala Abdoli (Shahla filed this wrongful death and survivor action against Defendants Shima Hadidchi (“Hadidchi”), Arash Milani (“Milani”), and Masoud Bitarafan (“Bitarafan”) arising from the death of Mohammad Abdoli (“Decedent”) on ...
2020.12.11 Motion to Strike 368
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.11
Excerpt: ...ngs arising from a March 28, 2020 motor vehicle accident. Plaintiff alleges Defendant made a left turn directly onto oncoming traffic and collided with Plaintiff, who was on a motorcycle. Defendant moves to strike Plaintiff's request for punitive damages from the Form Complaint and the Exemplary Damages Attachment on the grounds that punitive damages is not available for a motor vehicle negligence case. Any party, within the time allowed to respo...
2020.12.11 Motion to Strike 153
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.11
Excerpt: ...ainst Defendants Tawny Lynn Lago and Nicholas Light for motor vehicle negligence and negligence per se arising from a February 1, 2019 motor vehicle collision. Defendants move to strike Plaintiffs' punitive damages allegations. The Motion is unopposed. 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 ...
2020.12.11 Motion to Quash Subpoenas or for Protective Order 292
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.11
Excerpt: ...action against Defendant Harbor Dispatch Transport, Inc. arising from an April 25, 2017 motor vehicle accident. On June 12, 2020, Defendant served 12 subpoenas requesting medical, radiology, and billing records from United Medical Imaging of Los Angeles – Downtown LA, United Medical Imaging, Inc./Billing – West LA, United Medical Imaging of Los Angeles/Radiology, Radnet, Inc. – Radnet, Radnet Inc./Billing, and Radnet Film Library. Each subp...
2020.12.10 Motion for Summary Judgment 225
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.10
Excerpt: ...ant”), County of Los Angeles (“County”) and Wendy Braun (“Braun”) on August 9, 2019. Plaintiff alleges that on December 3, 2018, he was walking with a knee scooter at or near 1264 E. Appleton St., Long Beach when his knee scooter was caught in a crack and/or other defect in the sidewalk, causing him to fall and sustain injuries. Defendant moves for summary judgment on the Complaint on the ground that Plaintiff cannot establish it had ac...
2020.12.10 Demurrer, Motion to Strike 227
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.10
Excerpt: ...n July 13, 2020, plaintiffs Joseph Doloboff (“Plaintiff”) and Elena Doloboff (“Elena”) (collectively, “Plaintiffs”) filed this action against defendants Mitchell Spirt, M.D. (“Dr. Spirt”), individually and dba Pinnacle Gastroenterology Medical Associates (“Pinnacle”), Cedars-Sinai Medical Center, and Cedars-Sinai Medical Group. Dr. Spirt and Pinnacle (collectively, “Defendants”) demur to the Second Cause of Action for Negl...
2020.12.10 Demurrer 915
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.10
Excerpt: ...ichael Kach, D.D.S. (“Dr. Kach”) and other medical providers. The operative First Amended Complaint asserts causes of action for professional negligence, intentional concealment, and constructive fraud. Dr. Kach demurs to the Plaintiff's causes of action for intentional concealment and constructive fraud on the grounds that the FAC fails to state facts sufficient to constitute those two causes of action. The FAC alleges that on or about Novem...
2020.12.10 Demurrer 308
Location: Los Angeles
Judge: Moreton, Edward B
Hearing Date: 2020.12.10
Excerpt: ...his Guardian ad Litem, Rochelle Bryant (“Julian”), Rochelle Bryant (“Rochelle”), and Jerry Bryant (“Jerry”) (collectively, “Plaintiffs”) filed this action against the City of Pomona (“Pomona”) and Foothill Transit asserting a cause of action for premises liability on the counts of negligence, and dangerous condition of public property. Rochelle and Jerry are Julian's parents. Plaintiffs allege that on January 23, 2019, Julian ...

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