Excerpt: ... a wrongful death action brought by the surviving parents of decedent, Yaya Lin. On March 11, 2019, Plaintiffs Hongbin Lin and Wenqin Chen filed a complaint against Defendant Selina Vai Yee Vong. Plaintiffs allege that Defendant “owned, operated, and/or employed the operator of the motor vehicle, and the operator so negligently and carelessly operated the motor vehicle that they breached their duty of care by failing to yield to and striking th...

Excerpt: ...lly Beez USA, LLC (“Defendant”) for general negligence and premises liability arising from a slip and fall incident. On July 20, 2020, Defendant filed the instant motion for summary judgment. Plaintiff filed opposition papers on November 25, 2020. Defendant filed reply papers on December 4, 2020. II. FACTUAL BACKGROUND On January 14, 2018, Plaintiff and her family visited Defendant's indoor playground. (Defendant's Undisputed Material Facts (...

Excerpt: ...ce arising from a December 29, 2016 motor vehicle collision. Defendant filed his Answer on February 15, 2019. On February 12, 2020, Defendant sought leave to amend his answer to include a Twelfth Affirmative Defense of Accord and Satisfaction. On June 25, 2020, the court denied the motion without prejudice. On July 10, 2020, Defendant again filed a motion for leave to amend his answer to include a Twelfth Affirmative Defense of Accord and Satisfa...

Excerpt: ...MPLAINT BY DEFENDANT MICHAEL SINGLETON Dept. 27 3:30 p.m. December 09, 2020 I. BACKGROUND On June 11, 2020, Plaintiff Angel Moore (“Plaintiff”) filed this action against Defendants Dorothy Mae Medical Clinic, Inc. (“Clinic”) and Michael Singleton, M.D. (“Singleton”) for: (1) negligence, (2) negligent hiring, supervision, and retention of employee; (3) sexual battery and assault; (4) intentional infliction of emotional distress; and (5...

Excerpt: ...ber 9, 2020 I. INTRODUCTION On September 19 2019, plaintiff Alistair McMillan (“Plaintiff”) filed this action against Defendants Wheels Labs, Inc., dba Wheels Technologies, Inc. (“Defendant”), and Does 1 through 100 for (1) Strict Products Liability, (2) Breach of Warranty, and (3) Negligence, arising from a June 1, 2019 accident caused by an allegedly malfunctioning electric bike that Plaintiff rented. Plaintiff alleges that the bike inc...

Excerpt: ...n arises out of the Plaintiff's claim that he suffered personal injuries when he slipped and fell on a dangerous condition on premises owned or controlled by the Defendants. The premises are the Queen Mary in Long Beach. The dangerous condition was a room flooded due to consistent leaks when it rained. The Complaint includes the following causes of action: 1) Negligence under premises liability and Government Code sections 815.2, 815.4, and 820; ...

Excerpt: ...egligence: premises liability arising from a slip and fall incident. On August 27, 2020, Defendant filed the instant demurrer to complaint. Plaintiff filed an opposition on November 23, 2020. Defendant filed a reply on December 1, 2020. II. LEGAL STANDARD 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....

Excerpt: ...een injured. On July 24, 2020, Plaintiff filed a “First Amended Complaint” against Defendant Charles Monk, alleging a single cause of action for negligence. On August 26, 2020, Defendant filed an answer. On August 27, 2020, Plaintiff filed the subject demurrer to Defendant's answer. Defendant filed an opposition on November 20, 2020. A reply was not filed. II. DEMURRER STANDARD Code of Civil Procedure section 430.20 provides that a party may ...

Excerpt: ...ultaariq Garba, by and through GAL Umar (collectively, “Plaintiffs”), filed their complaint against Defendants Foster Farms Inc. (“Foster Farms”) and Ralphs Supermarket Company (“Ralphs”) for: (1) negligence; (2) strict liability; (3) restitution; and (4) violation of California's Unfair Competition Law (“UCL”). Plaintiffs allege that they became sick after cooking and consuming chicken grown at Foster Farms' farm and purchased at...

Excerpt: ...ended Complaint (“FAC”) against Defendant Ayesha Mohammad (“Defendant”) for negligence. Plaintiff alleges she was involved in an automobile accident caused by Defendant who failed to yield the right of way. On July 10, 2020, Ace American Insurance Company (“Ace”) filed a motion for leave to intervene on Defendant's behalf. Plaintiff opposes. On July 10, 2020, Defendant filed a motion for reconsideration as to the Court's June 25, 2020...

Excerpt: ... On July 3, 2019, Plaintiff Austin Wood, by and through his mother and Guardian Ad Litem, Pamela Wood filed a complaint against Defendants Charles Niesen, M.D.; AMS Neurology, Inc.; CVS/Pharmacy, Inc.; CVS Health; Ying Zhang, RPH; Hoang-Oanh B. Hu, RPH; Steven Mark Goldberg, M.D.; and Methodist Hospital of Southern California (“Defendant” or “Methodist Hospital”) for breach of medical and professional obligation. On September 1, 2020, Def...

Excerpt: ... 8, 2020 I. BACKGROUND This action arises from a motor vehicle collision. On July 15, 2020, Plaintiffs Paul Barron and Alma Barron filed a complaint against Defendants Hailee Gene Kosmowski, Kambria Kaylee Duskin, Medcoast MedServices Inc. d/b/a Medcoast Ambulance Service, James Laurie Twaddell, Harris Ambulance LLC, Medcoast Employee Services LLC. TA Transport Holdings LLC, and Randy Snyder, Esq. On August 20, 2020, Plaintiffs amended the compla...

Excerpt: ...O STRIKE PUNITIVE DAMAGES FROM PLAINTIFFS' FIRST AMENDED COMPLAINT Dept. 27 3:30 p.m. December 8, 2020 I. BACKGROUND This action arises from a motor vehicle collision in which Plaintiffs Linda Escobar, Saroun Sao, S.E., and T.E. allege to have been injured. On March 13, 2020, Plaintiffs filed a complaint against Defendants James Riley Lewis III and Keo Vanveasna. On May 4, 2020, Plaintiff amended the complaint to name The Estate of James Riley Le...

Excerpt: ...them to suffer personal injuries by selling them wine that was spoiled and contaminated. The First Amended Complaint includes the following causes of action: 1) Breach of Implied Warranty of Fit for Human Consumption; 2) Strict Liability; 3) Intentional Infliction of Emotional Distress; and 4) Unfair Business Practice under Business and Professions Code section 17200. The Defendant has now filed a motion to strike the claim for punitive damages i...

Excerpt: ...al injuries while falling down on the stairs of Defendant 7000 Romaine Holdings, LLC's (“Defendant”) commercial building located at 7000 Romaine Street, Los Angeles, California 90038 (the “Premises”). Plaintiff alleges that the Premises was not safe because there was a dangerous condition in the form of a handrail that did not comply with applicable codes, specifically that it was not high enough or continuous in the location of the trip ...

Excerpt: ...n March 5, 219, Plaintiff Felipe Sanchez filed a complaint against Defendants Glendale Adventist Medical Center dba Adventist Health Glendale (“Defendant” or “GAMC”) and Gevorg A. Mutafyan, M.D. for wrongful death-medical malpractice. On September 17, 2020, Defendant filed the instant motion for summary judgment. Plaintiff filed opposition papers on November 23, 2020. II. FACTUAL BACKGROUND On December 20, 2017, decedent Alexander Sanchez...

Excerpt: ...dical malpractice action. On July 15, 2020, Plaintiff Brendan Tully filed a complaint against Defendants Mehryar Taban and Mehryar Taban MD Inc. for (1) medical malpractice, (2) fraudulent concealment, (3) negligence per se, and (4) intentional infliction of emotional distress. Plaintiff alleges that he received treatment from Dr. Taban for his proptosis, bulging eyes, and dry eye syndrome through bilateral orbital decompression, a surgery that s...

Excerpt: ...sley and the Estate of Karmala Beasley, by and through its successor in interest Amber Beasley (collectively “Plaintiffs”) filed this action against Defendants Cedars Sinai Medical Center (“CSMC”), Nicholas Nissen, M.D. (“Dr. Nissen”), Miguel A. Burch, M.D., David P. Magner, M.D., Vlad Nusinovich, M.D., and Carrie Allen. On April 17, 2019, Plaintiffs filed the operative Second Amended Complaint against Defendants for negligence/wrongf...

Excerpt: ...RODUCTION On March 28, 2017, Plaintiffs, Panayiotis Skordi and Despina Nicola, filed this action against Defendants, The Novo, Power Muse Productions, Goldenvoice, LLC, and AEG Live, LLC, to claim that the Defendants are liable for an attack by the Defendants' security guards on Payayiotis Skordi. His wife, Despina Vandi, claims she suffered emotional distress when she saw the attack. AEG Presents LA, LLC, which states that it was erroneously sue...

Excerpt: ...Yajaira Chavez (“Chavez”), Yadira Gomez (“Gomez”), Christina Parra (“Parra”), and Maria Delatorre (“Delatorre”) (collectively “Plaintiffs”) filed a complaint against Defendants Jessica Tucker (“Jessica” – referred to by first name to avoid confusion), Spencer Kimball Tucker (“Spencer” – referred to by first name to avoid confusion), and American Honda Motor Co., Inc. (“Honda”). The complaint alleges four causes...

Excerpt: ...h Plaintiff Shantye Lenae Jorge alleges to have been injured. On July 10, 2019, Plaintiff filed a complaint against Defendants Arturo Zamohano and Jessica Aguilar for (1) motor vehicle negligence, and (2) negligence per se. Defendants filed the subject motion to strike the prayer for punitive damages from the complaint. No opposition has been filed. II. DISCUSSION Any party, within the time allowed to respond to a pleading may serve and file a no...

Excerpt: ...T TO A FUNCTIONAL CAPACITY EXAMINATION BY JEFF BRUNO Dept. 27 1:30 p.m. December 3, 2020 I. BACKGROUND This action arises from plaintiff Ruben Aranda's fall through a church's roof on August 12, 2018. On September 6, 2018, Plaintiff filed this action against the church Defendant Southern California Conference of Seventh-Day Adventists (erroneously sued as Southern California Association of Seventh-Day Adventists) and Saul Aispuro for negligence. ...

Excerpt: ...rio Tiburcio Hernandez filed this action against defendant Sara Maria Garcia arising from a July 15, 2017 motor vehicle accident. On July 9, 2020, the Court granted Defendant's Motions to Compel Plaintiff's Responses to Defendant's Form Interrogatories, Set Two; Motion to Compel Plaintiff's Responses to Defendant's Form Interrogatories, Request for Production of Documents, Special Interrogatories, all Set One; and Motion for an Order Deeming the ...

Excerpt: ...rt, and negligent hiring against Defendant Uber Technologies, Inc. arising from an alleged incident on May 31, 2018. Plaintiff alleges he was struck by an unidentified driver and held against his will. Defendant moves to strike Plaintiff's punitive damages allegations. 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...

Excerpt: ... this case brought by Plaintiffs Mitchell Stephen Martin and Gemma Martin (the “Martin Action”), with the case captioned Flavio Arellano Aguirre, et al. v. Sixto Aguilera, et al. (Case No. 20STCV10693)(the “Aguirre Action”). The two actions arise out of the same March 31, 2018 7-automobile accident. The Martin Action and Aguirre Action name Sixto Aguilera, Alfredo A. Alvarez, and Alfredo Line Hauls as defendants; the Aguirre Action also n...