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2019.8.19 Motion to Substitute for Deceased Plaintiff, for Summary Judgment 620
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.8.19
Excerpt: ...ctively, “Kaiser”) for medical malpractice arising out of treatment rendered between May 2018 and July 2017, leading to surgery in August 2017. Defendants move for summary judgment. Plaintiff moves to substitute a party for the deceased plaintiff. II. FACTUAL BACKGROUND <0057004800470003005700 002b0052004600030027[uong, M.D., with a one-week history of lower abdominal pain, bloating, and urinary frequency. (Undisputed Material Fact (“UMF”...
2019.8.19 Demurrer, Motion to Strike 878
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.8.19
Excerpt: ...gligent supervision; (5) premises liability; and (6) employer liability for injuries resulting from work place violence. Plaintiff filed the operative First Amended Complaint (“FAC”) on May 7, 2019. Plaintiff alleges injuries from a violent attack by Defendant Elizabeth Reserva (“Reserva”), the granddaughter of Defendants Eduardo Flores and Helen Flores (collectively, the “Flores Defendants”). Bob Simon and Rebecca Simon (collectively...
2019.8.16 Motion for Summary Judgment, Adjudication 546
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.8.16
Excerpt: ... December 20, 2016, after she had left work at 5:00 p.m., Plaintiff drove to a City of Burbank parking lot next to Gordon Biersch for a Christmas celebration with coworkers. (Undisputed Material Fact (“UMF”) No. 1.) Plainitff parked her car and walked into <005700030057005a005200 0044004f004900030057[o three hours inside. (UMF No. 3.) Later when she was walking to her car, her “heel had fallen somewhere,” became stuck, and Plainitff fell....
2019.8.15 Motion to Compel Further Responses 789
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.8.15
Excerpt: ...al interrogatories. The Court rules as follows: Interrogatories No. 12: This interrogatory asks for the name, address, and phone number of each person who occupied a holding cell at the Bellflower Courthouse with the deceased on November 2, 2017, the day she died. Defendant objected that the interrogatory was overbroad, called for attorney- client privileged and work product information and violated the Official Information Privilege. Defendant s...
2019.8.14 Motion to Strike Answer 517
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.8.14
Excerpt: ...led a First Amended Complaint (FAC), and the parties stipulated to Plaintiff's filing a Second Amended Complaint (SAC). The parties also stipulated that Defendants' answer to the FAC would be deemed the answer to the SAC. Plaintiff now moves to strike the answer of I.T. on the grounds that I.T. was not validly registered with the California Secretary of State and therefore cannot defend against this lawsuit. Plaintiff contends Nevada revoked I.T....
2019.8.14 Demurrer, Motion to Strike 047
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.8.14
Excerpt: ... arising out of a Code of Civil Procedure section 998 statutory offer to compromise against Plaintiff/Cross-Defendant Kathleen Coleman (“Coleman”). On June 10, 2019, the Court issued a ruling on Coleman's demurrer to and motion to strike portions of the XC. The Court allowed leave to amend to clarify whether the alleged contract is oral, written or both, and whether Sagar is alleging solely a breach of contract claim or also a claim to have j...
2019.8.13 Motion for Determination of Good Faith Settlement 217
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.8.13
Excerpt: ...mi filed its answer. On April 20, 2018, Gateway filed its answer. Drollinger has not appeared. Plaintiff and Pakemi entered in a settlement agreement for $60,000.00, apportioned as $5,000 for economic damages and $55,000 for non-economic damages. Pakemi seeks a determination of good faith settlement. LEGAL STANDARDS The Court must approve any settlement entered into by less than all joint tortfeasors or co-obligors. (Code Civ. Proc., § 877.6.) T...
2019.8.2 Demurrer 277
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.8.2
Excerpt: ...ed Complaint. On May 17, 2019, the Court issued an order sustaining Defendant's demurrer to the First Amended Complaint with leave to amend on the ground that Plaintiff failed to state facts sufficient to show Defendant may be vicariously liable for the acts or omissions of its employee. Plaintiff filed a Second Amended Complaint (“SAC”) on May 30, 2019. Defendant demurs to the SAC on the grounds that it fails to identify a proper statutory b...
2019.8.1 Motion to Set Aside or Vacate Default, Judgment 401
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.8.1
Excerpt: ..., 2017 automobile accident. On September 12, 2018, Plaintiff filed a proof of service showing personal service of the complaint on Defendants on August 7, 2018. Also on September 12, 2018, Plaintiff filed a statement of damages and requests for entry of default and served the documents by mail. The statement of damages stated only that Plaintiff reserved the right to seek $25,000 in punitive damages. The requests for entry of default do not list ...
2019.8.1 Motion to Require Filing of an Undertaking 518
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.8.1
Excerpt: ...oves for an order requiring Plaintiff to file an undertaking in the total amount of $11,735.00, including: $435 (appearance fee); $60 (motion for undertaking fee); $790 (Plaintiff's deposition transcript); $700 (Defendant's deposition transcript); $950 (deposition subpoenas regarding Plaintiff's medical records); $1,400 (witness disposition transcripts); $2,400 (expert deposition transcripts); $1,000 (jury fees); and $4,000 (reporter fees at tria...
2019.8.1 Demurrer, Motion to Strike 065
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.8.1
Excerpt: ...lowing causes of action: (1) premises liability, (2) negligence, (3) “negligent hiring, supervision and failure to warrant [sic],” and (4) gross negligence. Defendant Burlington Department Stores, Inc. (“Defendant”) filed a Demurrer and <0049004c004f0048004700 0056004c0057004c0052[n to the Demurrer, but did file an opposition to the Motion to Strike on July 19, 2019. II. DISCUSSION Demurrer Defendant demurs to the third and fourth causes ...
2019.7.31 Motion to Strike 120
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.31
Excerpt: ...ages allegations on June 28, 2019. II. LEGAL STANDARDS 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. (Code Civ. Proc., § 435, subd. (b)(1).) 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 matter inserted in any pleading. (Code Civ. Proc., § 436, subd. (a); Staffor...
2019.7.31 Petition to Approve Minor's Compromise 374
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.31
Excerpt: ...aving a balance of $45,358.96 for Claimant. The balance of $45,358.96 will be deposited into a blocked account, subject to withdrawal only upon authorization of the Court. Court approval is required for all settlements of a minor's claim. (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.) The Court has reviewed the proposed settlement and finds that the settlement itself is fair and reasonable. However, the Court has found various o...
2019.7.31 Motion for Leave to Amend Complaint to Add Punitive Damages 917
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.31
Excerpt: ...ence; (2) professional negligence under a theory of res ipsa loquitor; and (3) medical battery relating to a July 26, 2016 dental surgery. On March 8, 2019, upon discovering the individual who performed the dental surgery, Plaintiff filed a DOE Amendment naming Martin Mardirosian, M.D. (“Dr. Mardirosian”) as DOE 1. At the time of the procedure, Dr. Mardirosian was a resident student doctor at UCLA School of Dentistry. Plaintiff seeks leave to...
2019.7.31 Motion to Preclude Serving of Expert Witness Designation 360
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.31
Excerpt: ... expert designations, including the designation of Patricia Walters, M.D (“Dr. Walters”) as a wound care expert. Defendants served a Notice of Taking the Deposition of Walters setting her deposition for October 8, 2018. On September 26, 2018, Plaintiff's counsel requested Defendants' counsel allow her to replace Walters with another wound care expert. Defendants denied that request. On October 2, 2018, Plaintiff served an amended expert witne...
2019.7.31 Motion to Enforce Subpoena 219
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.31
Excerpt: ...ve speed, traveling southbound on the northbound side of the I-405 <0003004400510047000300 000300460052004f004f[ision that killed their children. (Complaint ¶¶ 11, 16.) Plaintiffs allege that Defendant voluntarily consumed alcoholic beverages and potentially other intoxicants, to the point of intoxication, which sharply impaired Defendant's physical and mental faculties, and that Defendant carelessly, negligently, wantonly and/or unlawfully ope...
2019.7.30 Motion for Summary Judgment 322
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.30
Excerpt: ...ty owed to Plaintiff and she was not the cause of Plaintiff's accident or injury. II. FACTUAL BACKGROUND Defendant sets forth the following facts. On May 13, 2016, Plaintiff was riding as the front passenger in a 2011 BMW being driven by Defendant Roberta Kay Magill. (UF No. 1.) Defendant's vehicle was suddenly hit hard from behind, which caused her to rear-end the vehicle stopped in front of her. (UF No. 2.) Defendant's vehicle was thrown backwa...
2019.7.30 Motion to Strike 777
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.30
Excerpt: ...atchell moves to strike the punitive damages and allegations concerning “despicable conduct.” Plaintiff did not file an opposition. II. RELATED CASES As an initial matter, this case is related to Case Nos. 19STCV09641, 19STLC03661, and BC720898 within the meaning of California Rules of Court, rule 3.300(a), with BC720898 as the lead case. The allegations in this case and BC720898 both involve the same accident on November 14, 2017, the same p...
2019.7.30 Motion to Strike 800
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.30
Excerpt: ...ng & Air Conditioning, Inc. (“Defendants”) filed a motion to strike portions of the first amended complaint (“FAC”). 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 matter inserted in any pleading. (Code Civ. Proc., § 436, subd. (a); Stafford v. Shultz (1954) 42 Cal.2d 767, 782 [“Matter in a pleading which is not essential to the claim is surplusa...
2019.7.29 Demurrer 549
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.29
Excerpt: ...and twenty-one affirmative defenses. Plaintiff demurs to all of the Affirmative Defenses contained in the Answer. Answers to the Complaint In addition to denials, the answer should contain any and all affirmative defenses or objections to the complaint that defendant may have, and that would otherwise not be in issue under a simple denial. Such defenses or objections are “new matter.” (Code Civ. Proc., § 431.30, subd. (b).) Generally, a defe...
2019.7.26 Motion to Compel Deposition 295
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.26
Excerpt: ...2019 for a March 29, 2019 deposition and the second Notice was served on April 5, 2019 for a May 3, 2019 deposition. (Declaration of Christopher Mesaros, ¶ 2.) Defendant objected to both notices. (Mesaros Decl., ¶ 3.) Plaintiff's counsel sent a meet and confer letter, but defense counsel has not responded. (Mesaros Decl., ¶ 4.) Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any p...
2019.7.25 Motion for Summary Judgment 837
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.25
Excerpt: ...rman for property damage to his vehicle. On March 22, 2016, Sherman filed Case No. BC614346 against Entenmann, Pacific Harbor Line, Pacific Harbor Line, Inc., Anacostia Rail Holdings, and City of Los Angeles for negligence and other causes of action. On May 3, 2016, Entenmann and his wife filed an action against Sherman for negligence and loss of consortium in Case No. BC618964. Sherman filed a cross-complaint against Pacific Harbor Lines, Entenm...
2019.7.25 Motion for Summary Judgment 214
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.25
Excerpt: ...o evidence Defendant had notice of any dangerous condition, Plaintiff cannot prove causation, and Plaintiff assumed the risk of slipping. II. FACTUAL BACKGROUND On April 20, 2016, Plaintiff attended a concert at the Glass House Concert Hall. Plaintiff had been to this venue approximately ten to fifteen times before. (Undisputed Material Fact “UMF” No. 2.) When Plaintiff arrived at the concert hall, he noticed the crowd was near full, it was a...
2019.7.24 Motion to Quash Service of Summons and Complaint and to Dismiss 027
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.24
Excerpt: ...llalobos (“Villalobos”). On October 4, 2018, Plaintiffs named Young Poong USA Corporation as Doe 2 (“Defendant”). Defendant moves to quash service and seeks to be dismissed from this action on grounds (1) service of summons was not proper; and (2) the court lacks personal jurisdiction over it. This Motion was originally set for hearing on March 22, 2019. At the hearing, the Court granted a continuance for two months so Plaintiffs could co...
2019.7.23 Motion to Compel Responses, to Deem Admitted Requests for Admissions 877
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.23
Excerpt: .... Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code Civ. Proc., §§ 2030.290, 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work product. (Code Civ. Proc., §�...
2019.7.23 Motion for Terminating Sanctions 930
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.23
Excerpt: ...ecember 26, 2018, Plaintiff served a Notice of Ruling on Defendant. Defendant failed to appear for his deposition. Plaintiff moves for terminating sanctions and monetary sanctions. Where a party fails to obey an order compelling answers to discovery, “the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction.” (Code Civ. Proc., §§ 2030.290, subd. (c), 2023.0...
2019.7.22 Demurrer 668
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.22
Excerpt: ...titute a cause of action and uncertainty. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions or conclusions of fact or law. We accept the factual a...
2019.7.22 Motion for Determination of Good Faith Settlement 061
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.22
Excerpt: ...tribution, and declaratory relief. Plaintiff and Chang have agreed to a settlement and seek a determination of good faith settlement. County opposes the determination of good faith settlement. II. FACTUAL BACKGROUND On November 1, 2017, Plaintiff was walking home at night after having a couple of beers and watching a baseball game. He approached a crosswalk spanning across two eastbound lanes, a center left turn lane, and two westbound lanes. The...
2019.7.22 Motion to Strike Punitive Damages Allegations 796
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.22
Excerpt: ... liability arising out of a February 11, 2018 incident where Plaintiffs were harassed and threatened and shot by third-party gang members while on Defendants' premises. Defendants move to strike paragraphs 25, 26, 36, and 37 and the prayer for punitive damages. II. LEGAL STANDARDS 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. (Code Civ. Proc., § 435, sub...
2019.7.19 Motion to Compel IME and Deposition 705
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.19
Excerpt: ...ndant may demand one physical examination of the plaintiff where: (1) the examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; and (2) the examination is conducted at a location within 75 miles of the residence of the examinee. (Code Civ. Proc., § 2032.220, subd. (a).) A defendant may make a demand for physical examination without leave of the court after that defendant has been served or has a...
2019.7.19 Motion for Terminating Sanctions, to Compel Responses 545
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.19
Excerpt: ...by Eason, an employee of Parkway, when Eason lost control of the vehicle and struck the curb, causing injury to Plaintiff. Terminating Sanctions Where a party fails to obey an order compelling answers to discovery, “the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction.” (Code Civ. Proc., §§ 2030.290, subd. (c), 2023.010, subd. (c); R.S. Creative, Inc. v...
2019.7.19 Motion for Summary Judgment 760
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.19
Excerpt: ...CBS Studios Inc. and CBS Television Studios, a Division of CBS Studios Inc. (collectively, “Defendants”) were named as Doe 122 and Doe 123, respectively. On January 17, 2019, all other defendants were dismissed. Defendants move for summary judgment on grounds this action is barred by the exclusive remedy of workers' compensation pursuant to Labor Code sections 3600 et seq. and on grounds Defendants neither owed nor breached any duty with resp...
2019.7.19 Motion to Compel Deposition 493
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.19
Excerpt: ...ns, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify, as well as to produce documents for inspection and copying. (Code Civ. Proc., § 2025.280, subd. (a).) The party served with a deposition notice waives any error or irregularity unless that party promptly serves...
2019.7.18 Motion for Undertaking of Costs 842
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.18
Excerpt: ...of the state, the defendant may, at any time, apply to the court for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action. (Code Civ. Proc., § 1030, subd. (a).) The motion shall be made on grounds that the plaintiff resides out of the state and there is a reasonable possibility that the moving defendant will obtain judgment in their favor. (Code Civ. Proc., § ...
2019.7.18 Motion for Summary Judgment 007
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.18
Excerpt: ...(“Castillo”) to complete a painting job at Scotty's Gas Station. A few days before the subject incident, Castillo contacted Plaintiff, a house painter with 14 years' experience painting the interiors and exteriors of houses and businesses. (Undisputed Material Fact “UMF” Nos. 1, 2.) Plaintiff had worked for Castillo on at least ten other jobs. (UMF No. 3.) Plaintiff and Castillo met at the gas station to discuss the scope of work and Cast...
2019.7.18 Motion for Summary Adjudication 532
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.18
Excerpt: ...dent. Defendants move for summary adjudication as to the third cause of action for intentional infliction of emotional distress and prayer for punitive damages. II. FACTUAL BACKGROUND On February 16, 2017, Plaintiff and Defendant were involved in a collision when Defendant's vehicle rear-ended Plaintiff's vehicle. (Undisputed Material Fact “UMF” No. 2.) Humberto Magalhaes was the registered owner of the vehicle driven by Defendant. (UMF No. 1...
2019.7.18 Motion for Leave to Intervene 341
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.18
Excerpt: ...leave to intervene by noticed motion or by ex parte application. The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests. (Code Civ. Proc., § 387, subd. (c).) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if a provision of law confers an unconditional right to intervene, or the person seekin...
2019.7.18 Motion to Set Expert Witness Fee 639
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.18
Excerpt: ...khim, M.D. If a party desiring to take the deposition of an expert witness deems that the hourly or daily fee of that expert is unreasonable, that party may move for an order setting the compensation of that expert. Notice of this motion shall also be given to the expert. (Code Civ. Proc., § 2034.470, subd. (a).) A motion to set expert compensation shall be accompanied by a meet and confer declaration and either the party or the expert shall pro...
2019.7.17 Demurrer, Motion to Strike 080
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.17
Excerpt: ...ng/supervision/retention/entrustment arising out of a March 24, 2018 altercation. Defendant Odell Cornelious Beckham Jr. (“Defendant”) demurs and moves to strike portions of the FAC. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the...
2019.7.17 Motion for Summary Judgment 008
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.17
Excerpt: ...r to undergo several orthopaedic injuries. (Complaint, ¶ 7.) In 2017, Dr. Sisto became Plaintiff's surgeon. She saw him twice before surgery by him in October 30, 2017. During one such visit, Plaintiff alleges Dr. Sisto commented suggestively and inappropriately on Plaintiff's breast augmentation. (Complaint, ¶ 8.) On October 31, 2017, Dr. Sisto performed a total knee replacement surgery on Plaintiff. (Complaint, ¶ 9.) On November 4, 2017, Pla...
2019.7.17 Demurrer, Motion to Strike 491
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.17
Excerpt: ... intentional infliction of emotional distress, (5) medical malpractice, and (6) sexual harassment in defined relationship (Civ. Cod, § 51.9). Defendants Prohealth Medical Group Inc. and Prohealth-Glendale Occupational Medical Group, Inc. (collectively, “Defendants”) demur and move to strike portions of the complaint. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is d...
2019.7.17 Motion for Leave to Compel Deposition 879
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.17
Excerpt: ... deposition for January 16, 2018. (Declaration of Marc S. Lafer, ¶ 2.) Plaintiff did not appear for her deposition. (Lafer Decl., ¶ 3.) On April 19, 2018, defense counsel sent a meet and confer letter and Plaintiff's counsel responded that he would provide available dates within 30 days. (Lafer Decl., ¶¶, 4, 5.) After receiving no available dates from Plaintiff's counsel, Defendant noticed Plaintiff's deposition for October 24, 2018. (Lafer D...
2019.7.16 Application for Determination of Good Faith Settlement 094
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.16
Excerpt: ...aintiffs and City have agreed to dismiss City from the action in exchange for a waiver of costs. The Court must approve any settlement entered into by less than all joint tortfeasors or co-obligors. (Code Civ. Proc., § 877.6.) This requirement furthers two sometimes-competing policies: (1) the equitable sharing of costs among the parties at fault, and (2) the encouragement of settlements. (Erreca's v. Superior Court (1993) 19 Cal.App.4th 1475, 1...
2019.7.16 Motion for Summary Judgment, Adjudication 364
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.16
Excerpt: ...bbery, and kidnapping during a home invasion. Defendants Vecino Vista, LLC and Mashcole Property Management, Inc. (collectively, “Defendants”) move for summary judgment, or alternatively, summary adjudication as to their Fifth and Twentieth affirmative defenses. II. FACTUAL BACKGROUND Vecino Vista, LLC owns the property located at 9969 Sepulveda Blvd. in Mission Hills (“the Property”) and Mashcole Property Management, Inc. manages the Pro...
2019.7.16 Petition to Compel Arbitration 174
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.16
Excerpt: ...ry 2018 and June 2018. Defendant seek to compel arbitration. “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right ...
2019.7.15 Motion for Leave to Intervene 847
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.15
Excerpt: ...insurance carrier and seeks leave to intervene to defend this action. A nonparty shall petition the court for leave to intervene by noticed motion or by ex parte application. The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests. (Code Civ. Proc., § 387, subd. (c).) The court shall, upon timely application, permit a nonparty to intervene in th...
2019.7.15 Motion for Protective Order 319
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.15
Excerpt: ...own, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (Code Civ. Proc., §§ 2025.420, <004700110003000b004500 0013001b0013000f0003[subd. (b).) The “issuance and formulation of protective orders are to a large extent discretionary.” (Raymond Handling Concepts Corporation v. Superior Court (1...
2019.7.15 Motion to Compel Further Responses, Requests for Sanctions 475
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.15
Excerpt: ... each of the three Defendants, and contends their responses are inadequate. The parties attended an Informal Discovery Conference on April 24, 2019. Plaintiff then filed motions to compel further responses. Defendants object that Plaintiff did not serve the separate statement until May 17, 2019, weeks after filing the motions. Even with service on May 17, Defendants had the documents nearly two months before the hearing date. Defendants do not id...
2019.7.15 Motion to Compel Responses, to Deem Admitted, Request for Sanctions 559
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.15
Excerpt: ...ction of Documents, and Requests for Admissions on Defendants. On January 28, 2019, Defendants filed an answer. On April 19, 2019, Plaintiff's counsel sent a meet and confer letter to defense counsel regarding outstanding discovery. The letter asked for responses by May 15, 2019 and said “Please let us know if you need additional time.” On April 24, 2019, defense counsel emailed Plaintiffs' counsel that Defendants had not been aware of the di...
2019.7.12 Motion for Summary Judgment 174
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.12
Excerpt: ...tson Partners (collectively, “Defendants”) move for summary judgment. Bristol Farms opposes the motion for summary judgment. Plaintiff opposes the Motion as to Watson Land only. II. FACTUAL BACKGROUND The basic facts are undisputed. Watson Land owned the premises located at 915 E. 230th Street in Carson, California. (Undisputed Material Fact “UMF” Nos. 1, 3.) At the time of the incident, Bristol Farms was leasing the property from Watson ...
2019.7.12 Motion to Compel Neuropsychological Exam 549
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.12
Excerpt: ...sustained by Alfred while working on Defendants' premises. On July 31, 2013, Plaintiff was helping to hoist an air conditioning unit onto the roof of Defendants' building when he fell off the roof. II. PROCEDURAL HISTORY Plaintiff responded to form interrogatories that he suffered injuries to his head, brain, neck, back, and shoulder and emotional distress commensurate with injuries of this nature. At his deposition, Plaintiff testified he suffer...
2019.7.12 Motion to Compel Responses 862
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.12
Excerpt: ...el a second session of Plaintiff's deposition and production of medical records. If a deponent fails to answer any questions or to produce any document under his or her control, the noticing party may move for an order compelling the answer or production. (Code Civ. Proc., § 2025.480, subd. (a).) This motion shall be made no later than 60 days after the completion of the record of the deposition, and shall be accompanied by a meet and confer dec...
2019.7.12 Motion to Strike 777
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.12
Excerpt: ...ty, and negligent training, hiring, supervision, and retention arising out of a December 17, 2017 five-vehicle collision. Defendant moves to strike punitive damages allegations. II. LEGAL STANDARDS 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. (Code Civ. Proc., § 435, subd. (b)(1).) The court may, upon a motion, or at any time in its discretion, and upon...
2019.7.12 Motion for Determination of Good Faith Settlement 966
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.12
Excerpt: ...ntered in a settlement agreement for $40,000.00. First Transit seeks a determination of good faith settlement. The Court must approve any settlement entered into by less than all joint tortfeasors or co-obligors. (Code Civ. Proc., § 877.6.) This requirement furthers two sometimes competing policies: (1) the equitable sharing of costs among the parties at fault, and (2) the encouragement of settlements. (Erreca's v. Superior Court (1993) 19 Cal.A...
2019.7.12 Demurrer 909
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.12
Excerpt: ...g negligence, vicarious liability, negligent entrustment, negligent hiring, and negligent supervision. City demurs to the third, fourth, and fifth causes of action. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting...
2019.7.11 Demurrer 726
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.11
Excerpt: ...dered between January 2018 and April 2018, resulting in a below-knee amputation of Plaintiff's right lower extremity. Defendants demur to the second and third causes of action. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer ...
2019.7.11 Motion to Quash Service of Summons 986
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.11
Excerpt: ...bile accident. On March 8, 2019, Plaintiff filed a proof of service showing substitute service on “MF Transport, Toni Miranda, Officer/Director” at an address in Chino, California. The summons and complaint were left with “Maria Flores, Co-Occupant” and subsequently mailed to the same address. Defendants move to quash service of summons. Timeliness of Motion Plaintiff objects that the motion to quash is late. “A defendant, on or before ...
2019.7.11 Demurrer 011
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.11
Excerpt: ...Riverside Residences, Inc., The Salvation Army Services, Inc., and The Salvation Army World Service Office. On April 19, 2019, Plaintiff dismissed The Salvation Army Residences, Inc. Defendant The Salvation Army (“Defendant”), the only remaining Defendant, demurs to the complaint on grounds it is uncertain and Plaintiff fails to state a cause of action for negligence against it. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of th...
2019.7.10 Motion for Leave to Amend 853
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.10
Excerpt: ...laint to add a prayer for punitive damages. The court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading, including adding or striking out the name of any party, or correcting a mistake in the name of a party, or a mistake in any other respect. (Code Civ. Proc., § 473, subd. (a)(1).) “Public policy dictates that leave to amend be liberally granted.” (Centex Homes v...
2019.7.10 Motion for Summary Judgment 620
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.10
Excerpt: ...ry in August 2017. Defendants move for summary judgment. Plaintiff seeks a 30-day continuance of the hearing on this Motion on grounds her retained medical expert requires additional time to review the voluminous medical records and to render an opinion as to standard of care. Further, Plaintiff passed away on April 20, 2019 and her autopsy report needs to be reviewed by her retained expert. The executor of her estate and personal representative ...
2019.7.10 Motion to Strike Government Code Sections from Complaint 107
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.10
Excerpt: ...5 from the second cause of action. 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. (Code Civ. Proc., § 435, subd. (b)(1).) 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 matter inserted in any pleading. (Code Civ. Proc., § 436, subd. (a); Stafford v. Shultz(1954) 42...
2019.7.10 Petition to Approve Minor's Compromise 381
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.10
Excerpt: ...n-medical expenses, leaving a balance of $64,842.16 for Claimant. $7,973.46 will be deposited into a blocked account, subject to withdrawal only upon authorization of the Court and $56,868.70 will be invested into a single-premium deferred annuity. Court approval is required for all settlements of a minor's claim. (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.) The Court has reviewed the proposed settlement and finds that it is f...
2019.7.9 Motion to Compel Discovery Responses and Deem Admitted Requests for Admissions 071
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.9
Excerpt: ...issions on Plaintiff. (Declaration of J. Pat Ferraris, ¶ 3.) Plaintiff failed to respond to discovery. (Ferraris Decl., ¶ 4.) Defendant seeks to compel Plaintiff's responses and to deem admitted requests for admissions. Compel Responses Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. v. Pacific Healthcare...
2019.7.9 Motion to Compel Depositions of PMQ 632
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.9
Excerpt: ...efendant's corporate secretary, Nick Dahya. PMQ Deposition Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In that event, the deponent shall designate and produce at th...
2019.7.9 Motion for Judgment on the Pleadings, to Strike 870
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.9
Excerpt: ... “A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicially noticed. [Citations.]” (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1064.) The court must assume the truth of all properly pleaded material facts and allegations, but not contentions or conclusions of fact or law. (Blank v. Kirwan (1985) ...
2019.7.9 Motion to Compel Deposition 877
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.9
Excerpt: ...ndant's Deposition setting Defendant's deposition for December 4, 2018. (Declaration of Liana Georgy, ¶ 4.) On September 6, 2018, Defendant objected to Plaintiff's Notice as being unilaterally set. (Georgy Decl., ¶ 5.) On September 14, 2018, Plaintiff's counsel emailed defense counsel to obtain dates for Defendant's deposition in December. (Georgy Decl., ¶ 6.) On October 15, 2018, Plaintiff's counsel sent a meet and confer letter to defense co...
2019.7.8 Motion for Protective Order 765
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.8
Excerpt: ... any party, deponent, or other affected person may promptly move for a protective order, which must be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2025.420, subd. (a).) The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other person from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. (Code Civ. Proc., § 2025.420, subd. (b).) Defend...
2019.7.8 Motion to Bifurcate Liability from Damages 168
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.8
Excerpt: ...rail. Defendants located Plaintiff's vehicle damaged on the side of the roadway with no recollection of the incident. All experts have concluded the two vehicles made contact but liability is disputed. Defendants argue Plaintiff lost consciousness while driving, causing her to strike their vehicle. Defendants move to bifurcate liability from damages at trial. “The court may, when the convenience of witnesses, the ends of justice, or the economy...
2019.7.8 Motion to Quash Subpoena for Records 039
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.8
Excerpt: ... testimony on third party Paulina Slagter. Defendant seeks a protective order preventing the deposition of Slagter. Before, during, or after a deposition, any party, deponent, or other affected person may promptly move for a protective order, which must be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2025.420, subd. (a).) The court, for good cause shown, may make any order that justice requires to protect any party, deponent...
2019.7.5 Motion for Trial Preference 322
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.5
Excerpt: ...her provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference.” (Code Civ. Proc., § 36, subd. (e).) Trial in this action is currently set for October 15, 2019. Plaintiff is 59 years old. (Declaration of Cheryl Taylor, ¶ 2.) She currently suffers from chronic graft-versus-host disease complicati...
2019.7.5 Demurrer, Motion to Strike 102
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.5
Excerpt: ...remises liability, strict liability, and intentional infliction of emotional distress. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions or conclu...
2019.7.3 Motion for Summary Adjudication 955
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.3
Excerpt: ...gent infliction of emotional distress arising out of a September 7, 2017 incident where a sculpture coffee table purchased from Defendants broke, causing glass to fall on top of Lily, who was three years old at the time of the incident. Defendants move for summary adjudication as to cause of action for negligent infliction of emotional distress. II. FACTUAL BACKGROUND On September 7, 2017, Plaintiff turned on the television in her downstairs livi...
2019.7.3 Motion to Quash Service of Summons 246
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.3
Excerpt: ...nt at an address on Mayflower Ave. in Arcadia, California on Bin Liu – Co- Occupant. On May 29, 2019, Defendant filed a motion to quash service of summons. Personal service may be accomplished by personally delivering a copy of the summons and complaint to the person to be served. (Code Civ. Proc., § 415.10.) If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person being served, substitute s...
2019.7.3 Motion to Strike Doe Amendment, for Leave to Amend Complaint, to Compel IME 672
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.3
Excerpt: ...ip and fall. On May 17, 2019, Plaintiff amended her complaint to name Jerry Jamgotchian (“Jamgotchian”) as Doe 1. Strike Doe Amendment 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. (Code Civ. Proc., § 435, subd. (b)(1).) The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or im...
2019.7.3 Motion to Set Aside Dismissal 057
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.3
Excerpt: ...ed without prejudice. Plaintiff filed a motion to set aside the dismissal on June 19, 2019. “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.” (Code Civ. Proc., § 473, subd. (b).) Application for this relief shall be made within a reasonable t...
2019.7.2 Motion for Leave to Intervene 506
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.2
Excerpt: ...ers' compensation benefits made on behalf of its insured, Advanced Concrete Swing & Sealing, Plaintiff's employer. A nonparty shall petition the court for leave to intervene by noticed motion or by ex parte application. The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests. (Code Civ. Proc., § 387, subd. (c).) The court shall, upon timely appl...
2019.7.2 Motion for Protective Order 607
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.2
Excerpt: ...intiff. On January 28, 2019, Plaintiff's counsel sought a stipulation to enter and confidentiality and protective order before Plaintiff produced her medical records. (Declaration of Michael Azat, ¶ 3.) Defense counsel would not stipulate to the protective order. (Azat Decl., ¶¶ 4, 5.) Plaintiff seeks a protective order to prevent unauthorized disclosure of her medical records to protect her personal identifying information, such as date of bi...
2019.7.2 Motion for Summary Judgment 486
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.2
Excerpt: ...t establish actual or constructive notice of a dangerous condition of property. II. FACTUAL BACKGROUND On October 22, 2014, Plaintiff fell in the restroom at the Costco Warehouse in Culver City. (Undisputed Material Fact “UMF” No. 1.) In the restroom, the stalls are on the left and sinks are on the right, separated by approximately 3 to 4 meters. (UMF Nos. 2, 3.) Plaintiff did not notice any water on the floor on her way to the restroom. (UMF...
2019.7.2 Motion to Enforce Settlement 296
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.2
Excerpt: ...nt provided that the Court would retain jurisdiction to enforce the Agreement pursuant to Code of Civil Procedure section 664.6. “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retai...
2019.7.1 Motion to Set Aside Dismissal, to Tax Costs 885
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.1
Excerpt: ...��Defendants”) for general negligence and motor vehicle negligence. Plaintiff moves to set aside dismissal, and Defendant moves to strike costs. Set Aside Dismissal On May 9, 2019, the Court set an OSC re: dismissal. Plaintiff's counsel's failed to appear and the action was dismissed without prejudice. Plaintiff's counsel states the failure to appear was due to mistake in incorrectly calendaring the hearing date for May 10, 2019. (Declaration o...
2019.7.1 Motion for Summary Judgment 488
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.7.1
Excerpt: ...s a result of being given a pain injection without proper care, instruction, or supervision. On February 20, 2017, Plaintiff presented to Southern California Orthopedic Institute for treatment of her ruptured disc at L5-S1. She was also seen by Carlos Guanche, M.D. for right hip pain. She was given 2 mL of lidocaine into her joint. Following the procedure, she said she was doing “okay” and “fine” and sat over the side of the table. Dr. Gu...
2019.6.28 Demurrer 089
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.6.28
Excerpt: ... wheelchair. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions or conclusions of fact or law. We accept the factual allegations of the complaint a...
2019.6.28 Motion to Augment Expert Designation 952
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.6.28
Excerpt: ...andatory duties arising out of a February 22, 2015 vehicle collision. Trial in this action is set for August 1, 2019. City moves to augment its expert witness designation to add Michael Brant- Zawadski, M.D. as an expert witness. Edwards filed a notice of non-opposition to City's Motion to augment the expert designation. On motion of any party who has engaged in a timely exchange of expert witness information, the court may grant leave to (1) aug...
2019.6.28 Motion to Compel Deposition, IME 730
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.6.28
Excerpt: ... a June 26, 217 automobile accident. Defendants move to compel Plaintiffs' appearances and testimony at deposition and Plaintiff's independent medical examination. Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to tes...
2019.6.28 Motion to Quash Subpoenas for Records 396
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.6.28
Excerpt: ...Crop., Intex Recreation Corp., and Intex Group (collectively, “Defendants”) sold a defective above-ground pool and pool ladder, which caused Nina's injuries. Plaintiffs served deposition subpoenas for records on Dennis L. Webb and Stephen M. Feurch, two attorneys who apparently litigated cases for other plaintiffs against Defendants involving Defendants' pool ladders. Defendants move to quash the subpoenas. Subpoena on Dennis L. Webb Plaintif...
2019.6.27 Motion to Strike Prayer for Attorneys' Fees 552
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.6.27
Excerpt: ...tion. Plaintiff prays for attorney's fees and expenses incurred as provided in her lease agreement with Jenkins. (Complaint, Exh. A.) Club Pacific moves to strike the prayer for attorney's fees. 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. (Code Civ. Proc., § 435, subd. (b)(1).) The court may, upon a motion, or at any time in its discretion, and upon te...
2019.6.7 Motion for Summary Judgment 306
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.6.7
Excerpt: ...summary judgment on grounds it did not create the condition or have notice of it. II. FACTUAL BACKGROUND On December 11, 2015, City Parking Attendant Hawi Wakijira (“Wakijira”) arrived at Defendant's parking garage at 440 North Camden Drive at 6:00 a.m. for her shift. (Undisputed Material Fact “UMF” No. 3.) Before opening the parking garage, Wakijira conducted an inspection. (UMF No. 4.) At approximately 9:15 a.m., Plaintiff pulled into a...
2019.6.6 Motion for Determination of Good Faith Settlement 313
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.6.6
Excerpt: ...15, the parties were involved in a multi-vehicle rear-end accident. Plaintiff's was the first or front vehicle. Campos drove the car behind Plaintiff's, and Park drove the third vehicle. Espino drove the fourth and last vehicle. Plaintiff testified at his deposition that he was stopping for traffic, and Campos's vehicle came to stop behind Plaintiff's vehicle. Park was unable to stop and struck the rear of Campos's vehicle, pushing it into Plaint...
2019.6.6 Motion for Summary Judgment 305
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.6.6
Excerpt: ...equate time to discover or remedy any dangerous condition. II. FACTUAL BACKGROUND <0056004b00520053005300 00030039005200510056[ store in Covina, California. She slipped and fell on what she believes was slippery ice cream on the floor. (Undisputed Material Fact “UMF” Nos. 1, 8.) Security surveillance footage shows that at 2:55 p.m., Vons employee Dylan Priestly (“Priestly”) pushed a dust mop through the frozen food aisle over the exact ar...
2019.6.6 Motion to Quash for Lack of Personal Jurisdiction 291
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.6.6
Excerpt: ...n September 27, 2018, Nuvair filed a cross-complaint against Aerotecnica Coltri S.p.A. (“Aerotecnica”) and Americas Compressors, LLC (“Americas”) for total implied equitable indemnity, partial implied equitable indemnity, and declaratory relief. Aerotecnica moves to quash the summons and cross-complaint based on lack of personal jurisdiction or alternatively, to dismiss for inconvenient forum. III. DISCUSSION A. Legal Standards for Motion...
2019.6.6 Motion to Tax Costs 538
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.6.6
Excerpt: ...ributors, Evell, and EAN Holdings, LLC for negligence and negligent entrustment relating to an April 10, 2015 automobile accident. On March 29, 2018, Orange Courier filed a Cross-Complaint against Plaintiff and Roes 1-10 for implied indemnity, contribution, and declaratory relief. On February 13, 2019, Orange Courier filed a request for dismissal of its cross-complaint without prejudice. On February 28, 2019, Plaintiff filed a Memorandum of Costs...
2019.6.5 Motion for Summary Judgment 278
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.6.5
Excerpt: ...mber 29, 2015 dog bite. GHP moves for summary judgment. II. FACTUAL BACKGROUND <004c005700480003005700 00550055004800470003[near the Warner Center Summit located at 22193 Carissa Court in Woodland Hills (“the Property”). (Undisputed Material Fact “UMF” No. 1.) GHP managed the Property and rented the Property to Livingston. (UMF Nos. 2, 3.) On November 29, 2015, Plaintiff was on the Property when she was bitten by the dog. (UMF No. 6.) III...
2019.6.5 Motion for Summary Judgment 025
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.6.5
Excerpt: ...n (“Decedent”). Dr. Mercado moves for summary judgment. Plaintiffs filed a notice of non- opposition. II. FACTUAL BACKGROUND Between August 29, 2014 and September 4, 2014, Decedent was hospitalized for pancreatitis, secondary to dynamic duodenal obstruction and duodenal polyp at Hemet Valley Medical Center. (Undisputed Material Fact “UMF” No. 2.) On August 3, 2015, Decedent was admitted Torrance Memorial Medical Center (“TMMC”) with a...
2019.6.5 Motion to Continue Trial 788
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.6.5
Excerpt: ...er is currently set for August 28, 2019. Defendant moves to continue trial to December 3, 2019, the first available date for both parties. The motion is unopposed. A party seeking a continuance of the date set for trial must make the request for a continuance by a noticed motion or an ex parte application as soon as reasonably practical once the necessity for the continuance is discovered. (Cal. Rules of Court, Rule 3.1332(b).) The request for co...
2019.6.4 Motion to Augment Expert Designation 853
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.6.4
Excerpt: ...cut off is June 21, 2019. On April 2, 2019, the parties exchanged expert designations. On April 22, 2019, the parties exchanged in a supplemental designations. (Declaration of David Blain, ¶¶ 8, 9.) On April 25, 2019, Plaintiff served an augmented expert witness list. (Blain Decl., ¶ 10.) Plaintiff seeks leave to augment his expert witness list. Pursuant to Code of Civil Procedure section 2034.610, the court may grant leave to augment an exper...
2019.6.4 Demurrer, Motion to Strike 777
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.6.4
Excerpt: ...nce, strict products liability, and negligent training, hiring, supervision, and retention arising out of a December 17, 2017 five-vehicle collision. Defendants Uber Technologies, Inc., Rasier, LLC, and Rasier-CA, LLC (collectively, “Defendants”) demur to the first and third causes of action and move to strike punitive damages and attorney's fees allegations. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will...
2019.6.4 Demurrer 950
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.6.4
Excerpt: ...ident. Defendant demurs to each cause of action on grounds Plaintiff failed to state facts sufficient to constitute a cause of action and the Complaint is uncertain. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admittin...
2019.6.3 Motion to Compel Deposition 172
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.6.3
Excerpt: ... Taking Plaintiff's deposition scheduling her deposition for December 12, 2018. (Declaration of Scott M. Hendler, ¶ 4.) On December 4, 2018, Plaintiff's counsel objected the deposition date was unilaterally set. (Hendler Decl., ¶ 6.) On December 5, 2018, Plaintiff's associated counsel objected based on a scheduling conflict. (Hendler Decl., ¶ 7.) On December 26, 2018, defense counsel left a message with Plaintiff's counsel requesting new dates...
2019.6.3 Motion for Trial Preference 137
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.6.3
Excerpt: ... subdivision (a). A party who is over 70 years old may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) the party has a substantial interest in the action as a whole; and (2) the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. (Code Civ. Proc., § 36, subd. (a).) An affidavit submitted in support of a mo...
2019.6.3 Motion for Leave to File Amended Complaint 237
Location: Los Angeles
Judge: Seigle, Laura A
Hearing Date: 2019.6.3
Excerpt: ...igence, negligent hiring, negligent supervision, and negligent retention. The court may, in its discretion and after notice to the adverse party, allow upon any terms as may be just an amendment to any pleading. (Code Civ. Proc., § 473, subd. (a)(1).) “Public policy dictates that leave to amend be liberally granted.” (Centex Homes v. St. Paul Fire & Marine Ins. Co. (2015) 237 Cal.App.4th 23, 32.) “Although courts are bound to apply a polic...

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