Cohen & Marzban v Udewitz

Upon review and consideration of Plaintiff Labor Commissioner's Motion to Compel Defendant Garry Itkins' Responses to Supplemental Requests for Production of Documents, and good cause appearing: IT IS ORDERED that, pursuant to Code of Civil Procedure Section 2031.300(b):

1. Plaintiff Labor Commissioner's Motion is GRANTED;

2. Defendant is ordered to provide, within 15 calendar days of the date of this Court's ruling on the Motion, responses, without objections, to Plaintiff Labor Commissioner's Supplemental Requests for Production of Documents, Set One, numbers 1-25, attached to Plaintiff's moving papers as Exhibit D. The court will sign the proposed order.

The motion by the City of LA to bifurcate the trial is denied on the grounds that it would not significantly shorten the trial, would require multiple experts to testify twice, and would cause undue prejudice to plaintiff. There are opinions concerning the medical condition which are intertwined with the issues of liability. The court agrees with the opposition that "the jury cannot determine whether officers' failure to obtain timely medical care caused Plaintiff's injury without hearing evidence concerning the progression of his stroke, what timely treatment could have prevented, and what injuries resulted as the stroke progressed."

The court agrees, also, that "bifurcation in this case would fail to preserve the Court's time and resources. If the jury finds in favor of Plaintiff in a bifurcated liability phase, the parties will need to present second opening, closing, and rebuttal arguments on the issue of damages. Much of the medical testimony Defendant characterizes as damages evidence will be necessary during the liability phase. This would require multiple witnesses to testify in both phases of trial, including expert witnesses, the involved officers, and Plaintiff. The Court would also have to present a second set of jury instructions and the jury would have to deliberate a second time. This is not a complex case requiring months of testimony."

It also would make it confusing to the jury about how much time the trial will take, and make it more difficult to select jurors for a longer, maybe even double in length, trial. While the City focuses on the possible time that would be saved, it does not address the potential problems for the experts, counsel, the court, and the jury in having two trials.

Case Number: 25VECV02943 Hearing Date: September 4, 2026 Dept: T 25VECV02943 Rodriguez v Honda

This is a continuance of a motion in which the court allowed plaintiff to produce his declaration. He has and it does not comply with the order. He did not explaining the entirety of his schedule for the next 30 days, and when did he advise plaintiff's counsel of his availability or lack thereof, as well as a declaration from him and counsel as to why he was not produced for deposition, and why he cannot be produced for deposition wherever he happens to be now. "T he court will advance the hearing on the motion to continue.

Be advised that if this motion is heard, the court will require a declaration from Mr. Bounds explaining the entirety of his schedule for the next 30 days, and when did he advise plaintiff's counsel of his availability or lack thereof, as well as a declaration from him and counsel as to why he was not produced for deposition, and why he cannot be produced for deposition wherever he happens to be now. Without a declaration setting forth these matters, the case will not be continued."

Who did the plaintiff designate as an expert. Many times they designate more than once. If this expert is not available, pick someone else and ask the court for relief. Lemon Law cases are not special and they need to follow the rules just like everyone else, Find other experts rather than same people over and over again.

Case Number: 25VECV03178 Hearing Date: September 4, 2026 Dept: T 5VECV03178 Cohen & Marzban v Udewitz

This is the second request by defendant to extend the time for this demurrer. It was already continued for one month. Now, defendant wants 3 more months. The court previously denied the request to extend all deadlines by 90 days but allowed defendant to seek additional time as needed. The demurrer and motion to strike were served on in this matter on 7/24/2026 which is 6 weeks ago.

The court will grant an additional continuance for 60 days (which is the same as originally requested which was 90 days). However, the court points out that the papers filed for both ex parte applications are clear, cohesive, and intelligent, citing applicable law. The hearing is continued to 11/23/2025 at 8:30 a.m. Opposition is due 9 court days prior to that hearing.

Case Number: 25VECV03265 Hearing Date: September 4, 2026 Dept: T 25VECV03265 James v Best Buy

Ex parte application to continue trial AND maintain trial preference. Here, after fighting for a trial setting preference because the plaintiff is 92, and then vociferously opposing defendant's request to continue the trial in July, plaintiff's counsel wants a continuance into November without losing the trial setting preference because she had debridement surgery of her knee last week. Why can't the plaintiff appear remotely? This is exactly the reason why priority was granted; that is, unexpected health problems which could result in her death before the trial can go forward. Aren't those risks now increased because of her surgery and infection? Also, the Dr.'s declaration does not explain why she cannot testify? Is she sedated? Is she on pain medications 24 hrs a day? Can she walk? Can she come in a wheelchair? Is she on an IV? There is insufficient information to grant this request.

Case Number: 25VECV04492 Hearing Date: September 4, 2026 Dept: T 25VECV04492 ARAKELYAN V UNITED FINANCIAL [TENTATIVE] ORDER: Defendant United Financial Casualty Company's Demurrer to the Complaint is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. Leave to amend is limited to curing the pleading defects identified and not to add new causes of action.

Introduction

Defendant United Financial Casualty Company (Defendant) demurred to Plaintiff Davit Arakelyan's (Plaintiff) Complaint. The demurrer placed into issue the first cause of action (COA) for breach of contract, the second COA for breach of the covenant of good faith and fair dealing, and the third COA for declaratory relief. An opposition was due August 25, 2026, and none was filed.

Discussion

Defendant asserted that the contract-based claims failed to plead sufficient facts because a copy of the policy was not attached and Plaintiff failed to plead the terms of the policy verbatim. Defendant further argued that the contract-based claims failed to plead any facts to show that a third-party claim stemming from the scooter/automobile accident was made by the third party. Defendant further asserted that Plaintiff failed to clearly allege any denial of policy benefits because the allegations of breach are conclusory. Defendant asserted that the third-party claim was resolved using policy benefits. Defendant's arguments are persuasive and the contract-based claims are not supported by sufficient fact pleading.