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2019.10.15 Motion for Summary Judgment 358
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2019.10.15
Excerpt: ...gence. Plaintiff alleges that he suffered a severe allergic reaction to latex during surgery at Defendant's hospital. Specifically, Plaintiff alleges as follows: - “Plaintiff is allergic to latex, ciprofloxacin and contrast die.” (Complaint, ¶ 9.) - “Before the surgery, the preoperative nurse called the OR because she forgot to put the allergy band on Plaintiff.” (Id., ¶10.) - “Immediately after the surgery, Plaintiff experienced pain...
2019.10.10 Motion to Set Aside Default 386
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2019.10.10
Excerpt: ...Code of Civil Procedure, section 473, subdivision (b), a court may “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.” The party must seek such relief “within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Ibid.) “[...
2019.10.10 Motion for Summary Judgment, to Bifurcate, to Continue Trial 876
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2019.10.10
Excerpt: .... (collectively, “Defendants”). Plaintiff asserts a single cause of action for negligence. Now, Defendants move for summary judgment, which Plaintiff opposes. The motion is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidenc...
2019.10.10 Motion for Summary Judgment 628
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2019.10.10
Excerpt: ...ist who placed a nerve block for pain management after Plaintiff had surgery to address an ankle fracture. Plaintiff filed the complaint on March 2, 2017, asserting causes of action for medical negligence and general negligence against, among others, Defendant. On September 13, 2017, the Court (Lu, J.) sustained a demurrer with respect to the second cause of action without leave to amend and ordered Defendant to answer. Then, Plaintiff filed a fi...
2019.10.1 Motion to Strike 605
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2019.10.1
Excerpt: ...le, while driving in the course and scope of his employment with Defendants Sylvia Duval, Ana Marie Duval, Ground Runners Delivery, and Allied Express, LLC (collectively, “Defendants”). Plaintiff alleges that he was talking to Bermudez about not leaving packages outside the gate at his house when Bermudez suddenly drove off at high speed, ran a stop sign, and ultimately ran him over. (First Amended Complaint, ¶ 19.) Plaintiff sued Defendants...
2019.1.31 Motion to Strike 878
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2019.1.31
Excerpt: ...onto”) and owned by Defendant Andre Khachatourians (“Andre”). Plaintiff asserts a cause of action for motor vehicle negligence and seeks punitive damages. Defendants each move to strike the prayer for punitive damages. Plaintiff has not opposed the motions. The motions to strike are granted with leave to amend. Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part t...
2019.1.31 Motion to Reclassify as Limited Civil Case 346
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2019.1.31
Excerpt: ...endants”) owned attacked him. Defendants move to reclassify this case as a limited jurisdiction case. Plaintiff opposes the motion. The motion is denied. Per Code of Civil Procedure section 86, a limited civil case is a case in which the demand, exclusive of interest, amounts to $25,000 or less. (Code Civ. Proc., § 86, subd. (a)(1).) The Court must order reclassification of a case from unlimited to limited “when . . . it becomes clear that t...
2019.1.31 Motion to Continue Trial 345
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2019.1.31
Excerpt: ...mber 23, 2016. (April 18, 2016 Order and Stipulation to Continue Trial.) On July 19, 2016, the Court approved the parties' stipulation to continue the trial date from December 23, <0047004800550003004400 004f00440057004c0052>n to Continue Trial.) On December 22, 2016, Defendant Wells Fargo Bank (“Defendant”) appeared ex parte to seek a trial continuance. The Court continued the trial date from February 24, 2017 to June 26, 2017. (December 22,...
2019.1.31 Motion to Compel Further Responses 559
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2019.1.31
Excerpt: ...ed by a friend to Dr. Asher Kimchi, a physician specializing in internal medicine and cardiology. Plaintiff and Dr. Kimchi discussed issues relating to the Decedent's death and exchanged emails and documents concerning the care and treatment provided by Defendants. It is undisputed that Dr. Kimchi is not a defendant in this case, was never a defendant in this case, does not work for any defendant, never treated the Decedent, did not conduct an au...
2019.1.31 Motion for Summary Judgment 427
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2019.1.31
Excerpt: ...eh Harooni (“Plaintiff”). Plaintiff alleges professional negligence, and Defendants move for summary judgment. The Court originally scheduled this hearing for December 21, 2018, but continued the hearing at Plaintiff's request so she could take Aghaloo's deposition, noticed for December 20, 2018. Plaintiff has not filed an amended or supplemental opposition to this motion. The motion for summary judgment is granted. LEGAL STANDARD “[T]he pa...
2019.1.31 Motion for Summary Adjudication 782
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2019.1.31
Excerpt: ...ion and driven by Defendant Jonathan Lopez. In his complaint, Plaintiff seeks non- economic damages, but he admitted during his deposition that he did not have insurance or other forms of financial responsibility for his vehicle. Defendants move for summary adjudication of the claim for non-economic damages, and Plaintiff does not oppose the motion. However, the Court is required to deny this motion without prejudice to Defendants raising the iss...
2019.1.31 Motion for Determination of Good Faith Settlement 150
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2019.1.31
Excerpt: ...) was in good faith. The unopposed motion is granted. In Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, the Court set forth the factors to consider when determining whether a settlement is made in good faith. The Tech-Bilt factors are: (1) a rough approximation of plaintiff's total recovery and the settlor's proportionate liability; (2) the amount paid in settlement; (3) the allocation of settlement proceeds among plaintiffs...
2019.1.30 Motion to Compel Depositions 734
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2019.1.30
Excerpt: ...compel Defendant to appear for deposition. The motion is denied. LEGAL STANDARD Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent to attend and testify at deposition. (Code Civ. Proc., §2025.450, subd. (...
2019.1.29 Motion to Tax Costs 645
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2019.1.29
Excerpt: ...laintiff moves to tax Defendants' claimed costs. The motion is denied. DISCUSSION As “defendant[s] in whose favor a dismissal is entered,” Defendants are prevailing parties in this action. (Code Civ. Proc., § 1032, subd. (a)(4).) Therefore, they are entitled to recover their costs. Plaintiff moves to strike $485.25 in costs associated with Plaintiff's deposition on the basis that Defendants jointly incurred the deposition costs with other De...
2019.1.29 Motion to Compel Deposition Answers 041
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2019.1.29
Excerpt: ...practice. Plaintiffs move to compel Defendant to respond to deposition questions. The motion is granted. LEGAL STANDARD Per Code of Civil Procedure section 2025.480, if a deponent fails to answer any question at deposition, the party that noticed the deposition may move to compel the deponent to <000b0044000c0011000c00 03> DISCUSSION Defendant's counsel instructed him not to answer questions based on objections that the questions were vague, unce...
2019.1.29 Motion for Summary Judgment 890
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2019.1.29
Excerpt: ...ging causes of action against Defendant for general negligence, assault and battery, and premises liability. Defendant moves for summary judgment or, in the alternative, summary adjudication of each cause of action. The motion is granted. UNDISPUTED FACTS Defendant owned the house at issue, along with her brother, Richard Pena. (UMF No. 1.)[1] Richard Pena (“Richard”) was married to Naeemah, who also resided at the house. (UMF No. 2.) Plainti...
2019.1.28 Motion to Compel Second IME, Deposition 996
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2019.1.28
Excerpt: ...in a motor vehicle collision. Defendant requests an order compelling Plaintiff to submit to a second physical examination by Dr. Martin Cooper, M.D. (“Dr. Cooper”). Defendant also seeks leave to compel a second deposition of Plaintiff. The motion to compel a second medical examination is denied without prejudice. The motion to compel a second deposition of Plaintiff is granted. LEGAL STANDARD When the physical condition of the plaintiff is in...
2019.1.28 Motion to Compel Depositions 154
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2019.1.28
Excerpt: ...tura is a driver for Defendant Lyft, Inc. (“Lyft”). Plaintiff moves to compel the depositions of Ventura, Ventura's supervisor, and Lyft's person most qualified to testify regarding the investigation of the collision. The motion is denied without prejudice. Plaintiff has the right to take Defendants' depositions and is entitled to take Defendants' depositions without leave of Court at any time after Plaintiff served Defendants, or after <0003...
2019.1.28 Motion for Summary Judgment 616
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2019.1.28
Excerpt: ...mali (“the Jamalis”) filed BC621616 against Alex Gilboa (“Gilboa”), alleging that they suffered injuries in a car accident with Gilboa. Then, on August 10, 2016, Gilboa (and Aviv Gilboa) filed a separate action against Mehran and Sean Jamali (BC629998) based on the same car accident. When Mehran and Sean Jamali answered the complaint in BC629998, they filed a cross-complaint against Gilboa. The cases were consolidated, and BC621616 was th...
2019.1.28 Motion for Protective Order 659
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2019.1.28
Excerpt: ...to take place in Charlotte, North Carolina. Defendants Daryoush David Saadat, M.D., Beverly Hills Aesthetic Surgical Institute, Inc., and Roxbury Surgical Center, LLC (“Defendants”) oppose the motion. The motion is denied. DISCUSSION The deposition of an expert witness that a party has designated “shall be taken at a place that is within 75 miles of the courthouse where the action is pending.” (Code Civ. Proc., § 2034.420.) However, “[...
2019.1.25 Motion to Set Aside Dismissal 233
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2019.1.25
Excerpt: ...ndants Hadley Towing Company, Inc., and FMG, Inc., dba Hadley Tow in the complaint. Plaintiffs have not yet served any Defendants. On May 25, 2018, Plaintiffs filed a request for dismissal without prejudice of Plaintiff Mark Cutting's claim. Plaintiffs now move to vacate the order of dismissal, pursuant to Code of Civil Procedure section 473(b). In his declaration, Plaintiff's counsel states that his clients had two different civil actions, and h...
2019.1.25 Motion to Compel IME 166
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2019.1.25
Excerpt: ...ndants Hadley Towing Company, Inc., and FMG, Inc., dba Hadley Tow in the complaint. Plaintiffs have not yet served any Defendants. On May 25, 2018, Plaintiffs filed a request for dismissal without prejudice of Plaintiff Mark Cutting's claim. Plaintiffs now move to vacate the order of dismissal, pursuant to Code of Civil Procedure section 473(b). In his declaration, Plaintiff's counsel states that his clients had two different civil actions, and h...
2019.1.23 Motion to Strike 648
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2019.1.23
Excerpt: ...osas (“Defendant”). Plaintiffs filed a complaint on June 19, 2018, asserting causes of action for motor vehicle and general negligence. Plaintiffs also seek punitive damages. Defendant filed an answer to the complaint but moves to strike the claim for punitive damages. The proof of service that Defendant submits with the motion appears to be from <00030033004f0044004c00 00030033004f0044004c[ntiffs filed no opposition to the motion, suggesting...
2019.1.23 Motion for Summary Judgment 491
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2019.1.23
Excerpt: ...dent, Defendant Mary Byrne (“Defendant Byrne”) had rented a car from Budget Rent a Car System, Inc. (“Defendant Budget”). Defendant Harris was driving that car on the date of accident even though he was not a party to the rental agreement between Defendant Byrne and Defendant Budget. The rental agreement expressly stated that “use of the car by an authorized driver” would terminate the rental and void all liability protection. (Separa...
2019.1.23 Motion for Summary Judgment 024
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2019.1.23
Excerpt: ...gainst three physicians, as well as Cedars-Sinai Medical Center and Assisted Home Health Care, Inc., alleging a single cause of action for medical malpractice. Specifically, Plaintiff alleges that Dr. Elizabeth Kim (“Defendant”), a plastic surgeon who operated on Plaintiff twice to address an infection from a cesarean section. Defendant moves for summary judgment, and Plaintiff filed no opposition. The motion for summary judgment is granted. ...

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