Excerpt: ...this action against defendant El Puente Auto Care & Muffler Center, Inc. (“El Puente”) arising from a May 30, 2018 motor vehicle accident. Plaintiff alleges that she was in a passenger in a vehicle driven by Nicole Diaz (“Nicole”). As Nicole was driving down a steep grade, the vehicle's brakes failed and collided with multiple vehicles. Plaintiff alleges the vehicle was owned by Andres and Amalia Diaz (the “Diazes”), who own and opera...

Excerpt: ...intiff Joseph Larnyoh and defendant Azalea Husband were involved in a car accident. Plaintiff subsequently sought treatment from Moshe Wilker (“Dr. Wilker”) five times. Dr. Wilker was deposed on August 27, 2019 and testified that he performed a cyst removal procedure on Plaintiff on January 2, 2017. A post- operative visit took place on January 17, 2017. Plaintiff called Dr. Wilker with complaints of wrist pain and on February 23, 2017, Dr. W...

Excerpt: ... Alma Lopez, as guardian ad litem for minor, Brianna Yanet Sanchez, filed this action against defendants Victor Mainwal, Jr., Mongee Mainwal, and Victor Mainwal. Plaintiff alleges that on May 24, 2017, defendants owned, operated, drove, or negligently entrusted a vehicle (“Vehicle”), which struck and killed Plaintiff's father (“Decedent”), who was riding his bicycle. The parties do not dispute that at the time of the collision, Victor Mai...

Excerpt: ...udget Group, Inc. for negligence and products liability. Plaintiff rented a car from Budget Rent-A-Car and alleges that there was a defective tire which blew. She lost control of the car and it swerved from side to side causing her injuries. Avis Budget Group, Inc. (“Defendant”) moves to strike Plaintiff's request for punitive damages and exemplary damages attachment. Any party, within the time allowed to respond to a pleading may serve and f...

Excerpt: ...(collectively, “Plaintiffs”) filed this action against defendants Sinea Luevano and Lyft, Inc. Luevano moves to strike from the Second Amended Complaint: (1) allegations that she drove recklessly and was intoxicated; (2) references to her insurance coverage; and (3) Plaintiffs' punitive damages allegations. 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...

Excerpt: ...ns' (“Plaintiff”)¿December 30, 2015,¿slip and fall on accumulated ice on a sidewalk while working as a part-time management office leasing agent at the Hidden Falls Apartments in Lancaster,¿California.¿¿ On¿December¿12, 2017, Plaintiff filed her complaint against Segio Bahena dba Bahena Gardening (erroneously sued as “Sergio's Landscaping”) (“Defendant”), Hidden Falls Property Management, Farrow Property, Paul Ottosi, Linda Ott...

Excerpt: ...ence arising from a November 23, 2016 fall. Plaintiff alleges that when she was shopping in one of Defendant's stores, one of Defendant's employees swept too close to her feet, causing her to trip and fall back. (Compl., GN-1, Prem.L-1.) Defendant moves for summary judgment on the grounds that there was no dangerous condition because a maintenance associate with a broom is not a dangerous condition. Defendant also argues it was not negligent beca...

Excerpt: ...ODUCTION On April 20, 2018, plaintiff Catalina Barrientos, a minor, by and through her Guardian ad Litem, Rachel Garcia-Lopez (“Plaintiff”), filed this action against defendant Los Angeles Unified School District (“Defendant”) for negligence and premises liability relating to a February 16, 2017 accident on the playground of Harrison Elementary School. Plaintiff filed a First Amended Complaint (“FAC”) on November 20, 2018. Defendant f...

Excerpt: ...stin Nelson. Plaintiff asserts causes of action for negligence and assault and battery arising from a December 8, 2017 altercation. Defendant Nelson moves to strike Plaintiff's request for punitive damages and its accompanying 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 court may, upon a motion, or ...

Excerpt: ...(“Plaintiff”) filed this action against Defendants Macy's West Stores, Inc., Macy's Inc., Michael Luz, and Does 1 through 25 for a single cause of action for negligence – premises liability. On April 24, 2020, defendant Michael Luz (“Defendant”) filed the instant demurrer. Plaintiff filed an opposition on August 11, 2020 and Defendant filed a reply on August 12, 2020. II. LEGAL STANDARD A demurrer tests the legal sufficiency of the plea...

Excerpt: ...ising from a May 8, 2017 laser hair removal treatment. Defendant moves for summary judgment on the grounds that the action is a professional negligence action and time-barred under California Code of Civil Procedure section 340.5. Defendant asserts the statute of limitations as its Fifth Affirmative Defense. II.FACTUAL BACKGROUND On May 8, 2017, Plaintiff underwent laser hair removal and sustained injuries from the laser treatment. (Defendant's U...

Excerpt: ...attery, assault, intentional infliction of emotional distress, and negligence arising from a September 1, 2019 altercation. Defendant moves to strike Plaintiff's punitive damages allegations and request. Defendant also moves to strike Plaintiff's request for attorneys' fees, which Plaintiff concedes. 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: ... arising from an April 1, 2018 slip and fall. Plaintiff alleges she slipped and fell on a liquid spill while shopping at Defendant's store. Defendant moves for summary judgment on the grounds that it did not have notice of any dangerous condition. II.FACTUAL BACKGROUND Plaintiff alleges she slipped and fell on a liquid spill while shopping at Defendant's store on April 1, 2018. (Defendant's Undisputed Material Fact (“UMF”) No. 1.) Plaintiff's...

Excerpt: ...dually and dba SLS Hotel at Beverly Hills arising from a May 16, 2019 slip and fall. Defendant moves to strike punitive damages allegations 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 irrele...

Excerpt: ...Market arising from an October 17, 2016 fall from a ladder. On March 16, 2020, the Court issued a minute order granting Defendant's Motion for Summary judgment filed on December 16, 2019. On April 17, 2020, Plaintiff filed this Motion to Vacate under Code of Civil Procedure section 473(b) claiming excusable neglect of counsel. “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dism...

Excerpt: ...ary 10, 2017, plaintiffs Thuy Trang Thi Nguyen (“Nguyen”)mand minors Kaitlin Nguyen and Tyler Nguyen (collectively, “Plaintiffs”) filed this action against defendant Michelle D. Taylor (“Taylor”), City of Los Angeles Transit Services, and Los Angeles County Metropolitan Transportation Authority. On September 27, 2019, MV Transportation, Inc. (“MV”) was named as a Doe defendant. The action arises from a motor vehicle collision that...

Excerpt: ...n arising from a January 3, 2019 trip and fall. While in the parking lot of one of Defendant's warehouses, Plaintiff alleges the toe of her boot caught on a metal bar at the bottom front section of the shopping cart corral. Defendant moves for summary judgment on the grounds that the metal strip is a trivial defect and because it did not have notice of the dangerous condition (i.e., the raised bar.) II.FACTUAL BACKGROUND On January 3, 2019, Plain...

Excerpt: ...t Emad Ammar, D.D.S. for medical malpractice arising from dental treatment provided on July 20, 2018. Defendant demurs to the second cause of action for res ipsa loquitur on the grounds that it fails to state a cause of action and is uncertain. Defendant also moves to strike portions of Plaintiff's complaint. II.LEGAL STANDARDS Demurrer A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defect...

Excerpt: ...y of Los Angeles and City of Santa Monica alleging a dangerous condition of public property. Plaintiff alleges that on December 8, 2017, she was riding her bike on a sidewalk when her front tired caught on a broken, uneven, misleveled and/or depressed portion of the sidewalk, causing her to be thrown from her bicycle. City of Santa Monica (“Defendant”) moves for summary judgment on the grounds that the claimed dangerous condition was a trivia...

Excerpt: ...led this action against defendant Walgreen Co. (“Defendant”) arising from a November 16, 2016 slip and fall on liquid substance. Defendant moves for summary judgment on the grounds that it did not have notice because: (1) its employees conducted regular inspections; and (2) the dangerous condition existed for less than 25 minutes. II.FACTUAL BACKGROUND On November 16, 2016, Plaintiff slipped and fell at one of Defendant's stores. (Defendant's...

Excerpt: ...s action against defendant Ashford TRS Walnut Creek LLC dba Walnut Creek Embassy Suites (erroneously sued as “Embassy Suites”) (“Defendant”) for negligence and premises liability. On May 6, 2019, Plaintiff filed this operative First Amended Complaint (“FAC”). Defendant moves to strike Plaintiff's punitive damages allegations from the FAC. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion...

Excerpt: ...ary 10, 2017, plaintiffs Thuy Trang Thi Nguyen (“Nguyen”)mand minors Kaitlin Nguyen and Tyler Nguyen (collectively, “Plaintiffs”) filed this action against defendant Michelle D. Taylor (“Taylor”), City of Los Angeles Transit Services, and Los Angeles County Metropolitan Transportation Authority. On September 27, 2019, MV Transportation, Inc. (“MV”) was named as a Doe defendant. The action arises from a motor vehicle collision that...

Excerpt: ...ts Elease Gearring (“Defendant”) and James Gearring arising from a September 26, 2017 motor vehicle incident. On October 25, 2019, Plaintiff served responses to Defendant's first set of discovery identifying injuries to her neck, left shoulder, right shoulder, left arm, upper back, right flank, mid back, lower back, pelvic, hip, sacroiliac joint, left buttock, right buttock, left leg, right leg, left calf, and right foot. On February 26, 2020...

Excerpt: ...alpractice relating to a January 11, 2018 dental extraction. Plaintiff alleges Defendant negligently extracted her teeth, causing nerve damage in her mouth. Defendant moves for summary judgment on the grounds that Plaintiff's action is barred by the one-year statute of limitations. II.FACTUAL BACKGROUND On January 11, 2018, Defendant extracted two of Plaintiff's teeth. (Defendant's Undisputed Material Fact (“UMF”) No. 2.) The day after, Plain...

Excerpt: ...�) and Andres Rodriguez (“Mr. Rodriguez”) (collectively, “Plaintiffs”) filed this action against Defendant Jennifer L. Issa (“Defendant”) relating to a July 13, 2016 vehicle accident. On December 6, 2019, Defendant served Set One of Form Interrogatories, Special Interrogatories, and Requests for Admission on Ms. Rodriguez. Defendant also served Set One of Form Interrogatories, Special Interrogatories, Request for Production and Inspec...