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2021.07.30 Motion to Quash Business Records Subpoena 976
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.30
Excerpt: ... (b) . . . may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” (Code Civ. Proc., § 1987.1, subd. (a).) Subdi...
2021.07.30 Motion for Protective Order, Demurrer 654
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.30
Excerpt: ...� 2030.090(b).) The burden of proof is on the party seeking the protective order to show “good cause” for the order he or she seeks. (Fairmont Insurance Co. v. Superior Court (2000) 22 Cal.4th 245, 255.) A motion for a protective order “shall be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., § 2030.090(a).) “A meet and confer declaration in support of a motion shall state facts showing a reasona...
2021.07.30 Motion for Summary Judgment 611
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.30
Excerpt: ...sley v. Oakshade Town Center (2005) 135 Cal.App.4th 289, 294.) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is no merit to an affirmative defense as to any cause of action, or ...
2021.07.29 Motion for Terminating Sanctions, Dismissal of Action 131
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.29
Excerpt: ..., issue, evidence, or terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process . . . .” CCP section 2023.010 provides that “[m]issues of the discovery process include, but are not limited to, the following: . . . (d) Failing to respond or to submit to an authorized method of discovery. . . . (g) Disobeying a court order to provide discovery . . . .” “The trial court may order a terminating sancti...
2021.07.29 Motion for Summary Judgment 830
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.29
Excerpt: ...il Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) “On a mo...
2021.07.29 Motion for Summary Judgment 519
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.29
Excerpt: ...es the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) “On a motion for summary judgment, the initial burden is a...
2021.07.29 Demurrer, Motion to Strike 787
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.29
Excerpt: ...nt need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged.” (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) For the purpose of testing the sufficiency of the cause of action, the demurrer admits the truth of all material facts properly pleaded. (Aubry v. Tri‐City Hospital Dist. (1992) 2 Cal.4th 962, 966-967.)...
2021.07.28 Motion for Summary Judgment 276
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.28
Excerpt: ...) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1...
2021.07.28 Demurrer 917
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.28
Excerpt: ...eights, LLC, David Neman, and Kiarash Neman (collectively, “Defendants”). The SAC asserts two causes of action for (1) general negligence and (2) premises liability. Plaintiff alleges in her SAC that she was physically attacked at her residence by transients who were “squatting” on the property owned, yet abandoned, by Defendants prior to the attack. (SAC ¶ 11.) This suit followed. Defendants filed the instant demurrer to Plaintiff's SAC...
2021.07.28 Demurrer 659
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.28
Excerpt: ... of the pleading or by proper judicial notice. (Code Civ. Proc., § 430.30(a).) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. (SKF Farms v. Superior Court (1984) 153 Cal. App. 3d 902, 905.) Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (SKF Farms, supra, 153 Cal.App.3d at 905.) The only issue involved in a demurrer hearing is whether the complaint, a...
2021.07.28 Motion for Terminating Sanctions or Issue and Evidentiary Sanctions, for Monetary Sanctions 572
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.28
Excerpt: ...r and Nicolai Foong, M.D. were allegedly negligent in their care, treatment, diagnosis, and monitoring of Decedent in connection with her labor and delivery, causing Decedent to bleed to death. On September 20, 2019, Plaintiffs Siying Yuan, by and through her Guardian Ad Litem, Baiping Yuan, and Baiping Yuan (collectively “Plaintiffs”) filed a complaint against Defendants AHMC Healthcare, Inc. dba San Gabriel Valley Medical Center and Nicolai...
2021.07.28 Motion to Advance Hearing Date or Continue Trial 412
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.28
Excerpt: ...are thus generally disfavored. (Id., rule 3.1332, subd. (b).) Nevertheless, the trial court has discretion to continue trial dates. (Hernandez v. Superior Court (2004) 115 Cal.App.4th 1242, 1246.) Each request for continuance must be considered on its own merits and is granted upon an affirmative showing of good cause. (Cal. Rules of Court, rule 3.1332, subd. (c); Hernandez, supra, 115 Cal.App.4th at 1246.) Circumstances that may indicate good ca...
2021.07.28 Petition for Leave to File Action 796
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.28
Excerpt: ...ring a claim to be presented to a public entity before an action may be brought against the public entity].” (Gov. Code, § 946.6(a).) The petition must be filed within six months after the application to the board is denied. (Id., § 946.6(b).) The court shall relieve the petitioner from the requirements of Section 945.4 if the court finds (1) the application to the board was made within a reasonable time not to exceed that specified in Sectio...
2021.07.27 Motion to Disqualify Counsel 124
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.27
Excerpt: ...al officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto.''” (Ontiveros v. Constable (2016) 245 Cal.App.4th 686, 694 (quoting People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145 (quoting Code Civ. Proc., § 128(a)(5))).) “‘[D]isqualification motions involve a conflict between the clients' right to counsel of their ...
2021.07.27 Motion to Compel Deposition 516
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.27
Excerpt: ... a car accident. Plaintiff began seeing Dr. Gutierrez on May 17, 2019. On October 30, 2020, Defendant served a deposition subpoena on Dr. Gutierrez noticing a deposition date of December 8, 2020. On November 5, 2020, Defendant served a second deposition subpoena that contained document requests and the same deposition date. Defense counsel contacted Dr. Gutierrez the day before the deposition and received no response. Dr. Gutierrez did not appear...
2021.07.27 Motion for Summary Judgment 863
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.27
Excerpt: ...r constructive knowledge that the Subject Step was a dangerous condition (which goes to the duty element of premise liability.) (Code Civ. Proc., § 437c(p)(2).) Legal Standard Standard for Ruling on Motion for Summary Judgment A summary judgment may be granted where it is shown that the “action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc., § 437c(a) (emphasis added).) On the other hand, when summar...
2021.07.27 Motion for Summary Judgment 611
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.27
Excerpt: ... action, Plaintiffs allege that on or about November 19, 2018, they were injured in a motor vehicle collision due to the negligence of Defendant Jeremy David Kerekes. Plaintiffs allege that Mr. Kerekes was acting in the course and scope of his employment by Defendant California Highway Patrol at the time of the incident. On April 12, 2021, Defendant Jeremy Kerekes (hereinafter, “Movant”) filed the instant motion for summary judgment. Thereaft...
2021.07.27 Demurrer 001
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.27
Excerpt: ... In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) “The only...
2021.07.22 Motion to Quash Service of Summons and Complaint 424
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.22
Excerpt: ...d Does 1 through 100. On June 16, 2020, Plaintiff substituted Dillan Reyes (“Reyes”) for Doe 1 and Christopher Yockey (“Yockey”) for Doe 2. On May 18, 2021, Plaintiff served Reyes and Yockey through substitute service with subsequent mailing on May 20, 2021. On June 29, 2021, Reyes and Yockey (“Movant Defendants”) specially appeared in this action by filing the instant motion to quash service of the summons and complaint. Plaintiff op...
2021.07.22 Motion to Compel Further Deposition 326
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.22
Excerpt: ...the attorney-client privilege and work-product protections as indicated in this order. Defendants are permitted to ask questions regarding Plaintiff's possession of any medical records from Dr. Arch or other medical treaters. The Court does not award any monetary sanctions because none were requested. Plaintiff is to give notice of this ruling. Background This is a personal injury action arising out of a motor vehicle collision on October 10, 201...
2021.07.22 Demurrer 092
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.22
Excerpt: ...th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic ma...
2021.07.21 Motion for Summary Judgment 479
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.21
Excerpt: ...Depot, and Smith & Sons, Plaintiff asserts a premises liability claim and a general negligence claim. All Defendants answered. Smith & Sons cross-complained against Home Depot and Deutsche Bank and Cross-Defendants Kitchenaid, Inc. and Coldwell Banker Top Team. Coldwell Banker Top Team and Deutsche Bank have each been dismissed from the Cross-Complaint without prejudice. Plaintiffs have added as Doe Defendants, and have subsequently dismissed, se...
2021.07.20 Motion for Summary Judgment, Adjudication 501
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.20
Excerpt: ...�MUSD”), causing her to sustain injuries. Plaintiff was four-years-old at the time of incident. On August 27, 2019, Plaintiff, through her guardian ad litem Onix Bruno (“GAL”), filed her complaint against MUSD, City of Monrovia (the “City”), and Does 1 though 20 for damages caused by a dangerous condition of public property under Government Code sections 815.2, 820 830, 835 and Civil Code section 1714. On November 2, 2020, Plaintiff dis...
2021.07.20 Motion for Summary Judgment 501
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.20
Excerpt: ... injuries. Plaintiff was four-years-old at the time of incident. On August 27, 2019, Plaintiff, through her guardian ad litem Onix Bruno (“GAL”), filed her complaint against MUSD, City of Monrovia (the “City”), and Does 1 though 20 for damages caused by a dangerous condition of public property under Government Code sections 815.2, 820 830, 835 and Civil Code section 1714. On November 2, 2020, Plaintiff dismissed her claims against the Cit...
2021.07.20 Demurrer 633
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.20
Excerpt: ...ooter, collided into Plaintiff, causing injuries. Plaintiff filed a Complaint against Looney and Bird Rides, Inc. (“Bird”), followed by a First Amended Complaint. Bird demurred, and the Court sustained with leave to amend. Plaintiff's operative Second Amended Complaint was filed on May 5, 2021. Bird again demurs. (Code Civ. Proc., § 430.10, subd. (e), (f).) The demurrer is to the third cause of action for products liability, and its three co...
2021.07.16 Motion for Leave to Intervene 727
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.16
Excerpt: ...on seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties. (2) The court may, upon timely application, permit a nonparty to intervene in the action or proceeding...
2021.07.16 Demurrer, Motion to Strike 659
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.16
Excerpt: ...the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or by proper judicial notice. (CCP § 430.30(a).) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. (SKF Farms v. Superior Court (1984) 153 Cal. App. 3d 902, 905.) Therefore, it lies only where t...
2021.07.15 Motion to Set Aside Default 603
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.15
Excerpt: ...y serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after the entry of a default judgment against him or her; or (ii) 180 days after service of him or her of a written notice that the default or default judgment has been entered.” (Cal. Civ. Proc. § 473...
2021.07.15 Motion for Summary Judgment, Adjudication 406
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.15
Excerpt: ...r allegations, trial is in fact necessary to resolve their dispute.” (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 judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact a...
2021.07.15 Motion for Summary Judgment 191
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.15
Excerpt: ...6, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th ...
2021.07.15 Motion for Summary Adjudication 087
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.15
Excerpt: ...erts claims for premises liability and general negligence. On November 27, 2019, the Court denied Defendant's motion for summary judgment and in the alternative summary adjudication of Plaintiff's initial complaint. On December 17, 2019, Plaintiff filed his operative first amended complaint as part of a motion for leave to file the amended pleading that the Court granted on January 21, 2020. Defendant now moves for summary adjudication on Plainti...
2021.07.14 Motion to Quash Untimely Business Subpoenas 265
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.14
Excerpt: ...otion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable...
2021.07.14 Motion to Compel Compliance with Deposition Subpoenas 250
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.14
Excerpt: ...ts Pursuant to a Deposition Subpoena Generally, discovery may be obtained within the State of California from a person who is not a party to the action in which the discovery is sought by way of a deposition subpoena. (Code Civ. Proc., § 2020.010 et seq.) Where discovery is requested through a “records and testimony” subpoena, the subpoena commands the deponent's attendance and testimony of the deponent, and the production of business record...
2021.07.14 Demurrer, Motion to Strike 537
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.14
Excerpt: ...ndant's Motion to Strike paragraph 11 is GRANTED, with leave to amend. Defendant's Motion to Strike paragraphs 20-27 and 28-34 is DENIED. Defendant's Motion to Strike paragraphs 14, 20, and 28 is DENIED. Legal Standard A. Motion to Strike 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(a).) The court ...
2021.07.14 Demurrer 174
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.14
Excerpt: ...8.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) “The o...
2021.07.13 Motion for Leave of Court for Mental Exam 868
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.13
Excerpt: ... or mental condition in controversy.” (Carpenter v. Superior Court (2006) 141 Cal. App. 4th 249, 258.) California Code of Civil Procedure (“Code Civ. Proc.”), section 2032.020, states: (a) Any party may obtain discovery . . . by means of a physical or mental examination of (1) a party to the action . . . in any action in which the mental or physical condition . . . of that party or other person is in controversy in the action. . . . (c)(1) ...
2021.07.13 Motion for Evidentiary Sanctions 406
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.13
Excerpt: ...ts Anbi Oil Corporation, Anabi Oil/Shell, C.A.R. Enterprises, Inc.; Anabi Convenience Centers, Inc., and Anabi Real Estate Development, LLC (collectively “Defendants”) filed the instant motion for evidentiary sanctions to preclude Plaintiff from introducing testimony or evidence at trial regarding Plaintiff's February 4, 2021 surgery. Plaintiff opposes and Defendant filed a reply. Legal Standard Courts have the authority to issue monetary san...
2021.07.13 Motion for Determination of Good Faith Settlement 943
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.13
Excerpt: ...h year, the overwhelming majority are unopposed and granted summarily by the trial court. At the time of filing in many cases, the moving party does not know if a contest will develop. If each motion required a full recital by declaration or affidavit setting forth a complete factual response to all of the Tech-Bilt factors, literally thousands of attorney hours would be consumed and inch-thick motions would have to be read and considered by tria...
2021.07.12 Motion for Summary Judgment, Adjudication 743
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.12
Excerpt: ... injuries that allegedly caused her death a few months later. Kidbul is Defendant's employee and is blind. Decedent was 93 years old and going blind. On November 12, 2019, Plaintiffs Alan Labossiere, individually and as successor-in-interest to Decedent, Annette Leitzke, individually and as a successor-in-interest to Decedent, Estate of Labossiere, by and through its successors-in-interest, Alan Labossiere and Annette Leitzke (collectively “Pla...
2021.07.08 Application for Determination of Good Faith Settlement 869
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.08
Excerpt: ...d faith of a settlement entered into by the plaintiff . . . and one or more alleged tortfeasors or co-obligors . . . .” “A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.�...
2021.07.07 Motion to Compel Arbitration 419
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.07
Excerpt: ... agreement to arbitrate the controversy exists… (Code Civ. Proc. § 1281.2.) “California law reflects a strong public policy in favor of arbitration as a relatively quick and inexpensive method for resolving disputes. [Citation.]¿To further that policy, [Code of Civil Procedure] section 1281.2 requires a trial court to enforce a written arbitration agreement” unless one of four limited exceptions applies. (Acquire II, Ltd. v. Colton Real E...
2021.07.07 Motion for Summary Judgment 329
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.07
Excerpt: ...a claim or defense, the action proceeds to trial on the remaining issues. The summary adjudication motion may be based on the same evidence as the summary judgment request. (Cal. Rules of Court, rule 3.1350(b).) The court must determine from the evidence presented that “there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law …” (Code Civ. Proc., § 437c(c).) A triable issue of m...
2021.07.07 Motion for Reconsideration 650
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.07
Excerpt: ...r service on the party of written notice of entry of the order; and (2) the moving party may make a subsequent application for the same order at any time. Both motions must state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. (CCP §§ 1008(a), (b).) Further, “…the party seeking reconsideration must provid...
2021.07.02 Motion to Dismiss Complaint 996
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.07.02
Excerpt: ...pter governing any particular discovery method . . . , the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose . . . [monetary, issue, evidence, or terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process . . . .” CCP section 2023.010 provides that “[m]issues of the discovery process include, but are not limited to, the following: . . . (d) Fa...
2021.06.30 Motion to Augment Expert Witness Designation 884
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.06.30
Excerpt: ...ation of the litigation or in preparation for the trial of the action, the designation of that witness shall include or be accompanied by an expert witness declaration under CCP section 2034.260. (CCP § 2034.210(b).) Section 2034.260 provides that all appearing parties shall exchange information concerning expert witnesses in writing on or before the date specified in the demand. If the witness is an expert as described in section 2034.210 subse...
2021.06.30 Motion for Summary Judgment 483
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.06.30
Excerpt: ...n one of the women's shower stall located at one of Defendant's premises. On December 4, 2021, Defendant filed the instant motion for summary judgment. Thereafter, Plaintiff filed opposition papers along with a separate statement of undisputed material facts in support of her opposition on May 25, 2021. Subsequently, on June 3, 2021, Defendant filed its reply papers along with a response to Plaintiff's separate statement. EVIDENTIARY OBJECTIONS T...
2021.06.29 Motion for Production of Prior Court Records for Viewing and Duplicating 518
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.06.29
Excerpt: ... to provide the public with “reasonable access” to trial court records that are maintained in electronic form while protecting privacy interests. (C.R.C., Rule 2.500(a).) The rules are not intended to give the public a right of access to records that are not otherwise available for public access and do not create a right of access to records that are sealed by court order or confidential as a matter of law. (C.R.C., Rule 2.500(c).) The latter...
2021.06.29 Motion for Leave to Amend Complaint 078
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.06.29
Excerpt: ...rty, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. It is recognized that a...
2021.06.29 Demurrer, Motion to Strike 174
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.06.29
Excerpt: ...Josef”), [1] Trina Nazarian (“Trina”), Madlen Tahmasian (“Tahmasian” ) (collectively “Defendants”), and Does 1 to 100. The complaint includes two causes of action: (1) general negligence; and (2) motor vehicle. On May 28, 2021, Defendants filed the instant demurrer with motion to strike. Defendants demur to the entire complaint and the causes of action separately for uncertainty, insufficient facts, and misjoinder. Defendants move t...
2021.06.28 Motion for Determination of Good Faith Settlement 950
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2021.06.28
Excerpt: ...ifornia 90069. Plaintiff alleges that she slipped and fell, fracturing her femur, when she walked to an elevator and slipped on some water left behind by Defendant Michael Weiss (“Weiss”), who did not completely dry himself after leaving the building's pool. Plaintiff also has sued defendants Westview Towers HOA (“Westview”), which is the homeowner's association for the condominium complex. On March 14, 2019, Plaintiff filed her complaint...

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