Quennie Yu v. [Defendant Unnamed]
Adjudication of the second cause of action for fraudulent concealment
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Accordingly, Plaintiffs' Motion to Enforce Settlement is granted. Plaintiffs are ordered to file a revised Proposed Order for the Court's signing.
for Order to Compel Plaintiff's Responses to Special Interrogatories, Set One, is GRANTED. Defendant is awarded $250.00 in sanctions, payable within 60 days. Defendant to give notice. This is an action for breach of construction contract. On August 10, 2022, Plaintiff Truworks Construction ("Plaintiff") filed this action against Defendant Monique Zaky ("Defendant") and Does 1 to 30. The Complaint alleges the following causes of action: 1) Breach Of Contract, 2) Account Stated, and 3) Open Book Account.
Defendant now moves for an order compelling Plaintiff to serve verified responses, without objections, to Special Interrogatories, Set One. Defendant also requests sanctions in the amount of $1,410.00. On January 19, 2026, Defendant served Special Interrogatories, Set One, on Plaintiff. (Jalali-Bidgoli Decl., P. 3, Exhs. A-B.) Plaintiff's responses were due on February 20, 2026. (Jalali-Bidgoli Decl., P. 4.)
On March 19, 2026, the Court granted Plaintiff's former counsel's Motion to be Relieved as Counsel. (3/19/26 Minute Order.) Plaintiff filed a Substitution of Attorney on June 15, 2026. Defendant argues that Plaintiff has failed to provide responses to Special Interrogatories, Set One, as of date. (Jalali-Bidgoli Decl., P. 11.) No opposition has been filed as of August 24, 2026.
The Court finds that Plaintiff has failed to provide timely responses to Special Interrogatories, Set One. Accordingly, Defendant's Motion for Order to Compel Plaintiff's Responses to Special Interrogatories, Set One, is granted. Plaintiff is ordered to provide Code-compliant, objection-free responses with 30 days of this order. Defendant is awarded $250.00 in reduced sanctions, payable within 60 days.
Case Number: 23NWCV03000 Hearing Date: August 25, 2026 Dept: L Adjudication of the second cause of action for fraudulent concealment ("MSA"). On October 7, 2025, the Court signed the parties' Joint Stipulation to Continue Trial and All Related Dates. Trial was continued to May 18, 2026. This MSA was originally set for hearing on October 23, 2025. At the hearing, the Court continued the MSA hearing to April 16, 2026 pursuant to Code of Civil Procedure section 437c, subdivision (h). (See 10/23/25 Minute Order.)
In advance of that hearing, Plaintiff Quennie Yu ("Plaintiff") filed an Affidavit of Timothy Lupinek in Opposition to Defendant's MSA. Plaintiff's counsel, Timothy Lupinek, declared that Defendant failed to produce its Person Most Qualified (PMQ) for deposition. (Lupinek March Decl., P. 7.)
The Court granted Plaintiff's Motion to Compel Deposition of Defendant's PMQ on October 28, 2025, requiring that the deposition take place by February 26, 2025. (Lupinek March Decl., P. 3, Exh. A.) Despite Plaintiff's efforts to meet and confer, Defendant did not produce its PMQ on that date. (Lupinek March Decl., P.P. 4-5, Exhs. B-C.) Plaintiff has filed a Motion to Compel Compliance with the Court's October 28, 2025 Order ("Motion to Compel Compliance"). The Motion to Compel Compliance is currently set for November 5, 2026.
On April 16, 2026, the Court continued the hearing on the MSA to August 26, 2026, based on Defense counsel's representation that its PMQ could be available in May 2026 for deposition. (Lupinek August Decl., P. 4.) However, the parties have agreed that the deposition will take place on August 24, 2026. (Lupinek August Decl., P. 5.) The Court also continued trial to the current date of October 19, 2026.
Plaintiff requests that the MSA be denied, or alternatively, continued to allow Plaintiff the opportunity to depose Defendant's PMQ. (Lupinek August Decl., P. 9.) The Court will confer with the parties to determine a new Motion hearing date and trial date.
Case Number: 24NWCV01803 Hearing Date: August 25, 2026 Dept: L Defendant's Motion for Summary Adjudication is GRANTED as to the second cause of action. Defendant to give notice.
Background
This is an action for negligence regarding an incident that occurred on June 16, 2023. On June 7, 2024, Plaintiff Margarita Duarte ("Plaintiff") filed this action against Defendant The Whittier Dentist ("Defendant") and Does 1 to 25. The Complaint alleges that Defendant is a dental office located at 7721 Painter Avenue, Whittier, CA 90602. The Complaint alleges that Defendant breached its duty of care to Plaintiff by failing to provide safe seating, and as a result, Plaintiff fell. The Complaint alleges two causes of action for 1) Negligence and 2) Professional Negligence.
On July 31, 2024, Defendant filed an Answer. Defendant now moves for summary adjudication of the second cause of action for professional negligence. On August 3, 2026, Plaintiff filed a Notice of Non-Opposition.
Legal Standard
The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Code of Civil Procedure section 437c, subdivision (c) "requires the trial judge to grant summary
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