Ijeoma Chukwudi v. Edmundo Perfecto, DDS, et al.
Ijeoma Chukwudi's Motion to Set Aside Dismissal
Motion type
Causes of action
Parties
Ruling
32 states: "Please produce all LEMON LAW DOCUMENTS." Request 35 states: "Please produce all documents, including but not limited to electronic data and e-mails, concerning or relating in any way to any GENERAL MOTORS LLC, employee, subsidiary, department, and/or division reporting or organizational structure and/or charts effective from 2023 to the present, including any organizational chart or other documents describing any reporting or superior subordinate relationship, or any policies and procedures regarding communications between employees, subsidiaries, departments, and/or divisions."
These requests are overly broad and not designed to lead to the discovery of admissible evidence in an action based on the Song Beverly Act.
Thus, Plaintiffs' motion to compel deposition and production of documents is granted, in part. Defendant's person most knowledgeable is ordered to appear for deposition and produce documents at a date and time that can be agreed upon by the parties. Documents related to requests 32 and 35 are not required to be produced by Defendant. If no agreement on a date and time can be reached, the deponent is ordered to appear at a reasonable date and time to be determined by the moving party. Plaintiff is ordered to give notice of the Court's ruling.
LOS ANGELES SUPERIOR COURT - SOUTHWEST DISTRICT Honorable Amy N. Carter Department M Wednesday - September 2, 2026 Calendar No. PROCEEDINGS Ijeoma Chukwudi v. Edmundo Perfecto, DDS, et al.
Ijeoma Chukwudi's Motion to Set Aside Dismissal TENTATIVE RULING Ijeoma Chukwudi's Motion to Set Aside Dismissal is granted.
Background
Plaintiff filed the Complaint on August 20, 2025. Plaintiff alleges the following facts. Defendants committed medical malpractice in the course of dental treatments and surgeries performed upon Plaintiff.
Motion to Set Aside Dismissal CCP Sec. 473(b) states, in relevant part: "The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. . . .
Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect.
The court shall, whenever relief is granted based on an attorney's affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing counsel or parties. . . ."
Plaintiff moves for an order granting relief from the entry of dismissal. The motion is brought pursuant to CCP Sec. 473 et seq. on the grounds that the dismissal was entered due to the mistake, inadvertence, surprise, and/or excusable neglect of Plaintiff. Plaintiff has set forth facts to support a showing that the dismissal was entered due to the mistake, inadvertence, surprise, and/or excusable neglect of Plaintiff. Plaintiff states that Plaintiff did not receive notice of the January 5, 2026 Order to Show cause because the address that was utilized in his initial filings, and, thus, the address used by the Court to provide notice, was not Plaintiff's address but instead the address of a paralegal who assisted Plaintiff. (Decl., ljeoma Chukwudi P.P. 2-8).
The Court notes that Plaintiff filed a notice of change of address. The Court determines that the dismissal occurred due to the excusable neglect of Plaintiff. The motion is granted pursuant to the discretionary provision of CCP Sec. 473(b). The dismissal is hereby set aside. Plaintiff is ordered to give notice of this ruling.
Case Number: 25TRCV02923 Hearing Date: September 2, 2026 Dept: M LOS ANGELES SUPERIOR COURT - SOUTHWEST DISTRICT Honorable Amy N. Carter Wednesday, September 2, 2026 Department M Calendar No. PROCEEDINGS Saqib Anwar Khan v. Lyft, Inc., et al. 25TRCV02923 1. Lyft, Inc.'s Motion to Compel Arbitration and Stay Proceedings TENTATIVE RULING Lyft, Inc.'s Motion to Compel Arbitration and Stay Proceedings is granted.
Background
Plaintiff filed the Complaint on August 29, 2023. Plaintiff alleges the following facts. Plaintiff was involved in a
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