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2022.09.21 Demurrer to FAC 464
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.09.21
Excerpt: ...hile Plaintiff was on duty. Defendant demurs to the first cause of action for assault and battery, second cause of action for negligence, and third cause of action for violation of Civil Code section 52.1 (“Bane Act”) in Plaintiff's first amended complaint. Plaintiff opposes the demurrer. ANALYSIS “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal....
2022.08.18 Motion to Reopen Discovery 498
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.08.18
Excerpt: ...ete expert discovery. Defendants oppose the motion. ANALYSIS Trial is currently set for October 21, 2022, which the Court set pursuant to the parties' oral stipulation. (See June 8, 2022 Minute Order.) The fact discovery cutoff of March 22, 2022, and the expert discovery cutoff of April 6, 2022, based on the prior April 21, 2022 trial date, were to remain in effect. (Code Civ. Proc., §§ 2024.020, subd. (a), 2024.030, 2016.060; see June 8, 2022 ...
2022.08.18 Motions to Compel Responses, to Deem RFAs Admitted, for Monetary Sanctions 687
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.08.18
Excerpt: ... Identification and Production of Documents, set one (“RPD”); (2) Form Interrogatories, set one (“FROG”); and (3) Special Interrogatories, set one (“SROG”). Defendant also moves to deem admitted the matters specified in Requests for Admission, set one (“RFA”), which Defendant propounded on Plaintiff. Defendant seeks monetary sanctions. Plaintiff has not filed oppositions to the motions. Defendant has also filed a declaration of co...
2022.08.18 Motions to Compel Further Responses, for Monetary Sanctions 066
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.08.18
Excerpt: ...rated by Defendant Smart & Final Stores, LLC (“Defendant”). Plaintiff moves the Court for an order compelling Defendant to provide further responses to the following discovery request: Request for Production of Documents, Set 1, Propounded to Defendant  Propounded: January 20, 2022  Responses: March 23, 2022  Motion Filed: May 5, 2022 Defendant opposes the motion. PROCEDURAL REQUIREMENTS Informal Discovery Conference Per the Seventh ...
2022.08.09 Motions to Compel Further Responses, for Monetary Sanctions 409
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.08.09
Excerpt: ...ant moves the Court for orders compelling Plaintiff to provide further responses to the following discovery requests: 1. Special Interrogatories, Set 1, Propounded to Defendant a. Propounded: December 22, 2021 b. Responses: UNCERTAIN – Defendant failed to attach a copy of the responses with the proof of service to the moving papers. c. Motion Filed: July 18, 2022 (served by electronic service on July 14, 2022) 2. Requests for Admission, Set 1, ...
2022.07.21 Motions to Compel Discovery Responses and Deem Matters Admitted, for Monetary Sanctions 789
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.07.21
Excerpt: ...D”); (2) Form Interrogatories, set one (“FROG”); and (3) Special Interrogatories, set one (“SROG”). Mission also moves to deem admitted the matters specified in Requests for Admission, set one (“RFA”), which Mission propounded on Castillo. Mission seeks monetary sanctions. Castillo opposes the motions. ANALYSIS Pursuant to Code of Civil Procedure section 2030.290, “[i]f a party to whom interrogatories are directed fails to serve a...
2022.07.21 Demurrer to FAC 891
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.07.21
Excerpt: ...emurrer. ANALYSIS “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal construction means that the reviewing court draws inferences favorable to the plaintiff, not the defendant.” (Pe...
2022.06.23 Motion to Continue Trial 379
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.06.23
Excerpt: ...ue trial, which is currently set for July 12, 2022, “to February 2023, or as soon thereafter as the Court may order,” with the discovery and motion cutoffs to be based on the new trial date. This motion is unopposed; the parties have agreed to continue trial. Defendants' proof of service filed in connection with the motion indicates Defendants served notice of the motion on Plaintiff on May 23, 2022. (See Exhibit B, Proof of Service Attached ...
2022.06.17 Motion to Quash Subpoenas 320
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.06.17
Excerpt: ...rket Source, and Charter Communications, Inc. dba Charter Communications (“Charter”) (collectively, “Employers”), and (2) the subpoena for medical records Defendants served on Hollis Tsoi, Ph.D. (“Tsoi”). Defendants oppose the motion. ANALYSIS If a subpoena requires the production of documents, the court may quash the subpoena entirely or modify it. (Code Civ. Proc., § 1987.1, subd. (a).) In ruling on a motion to quash, “the court ...
2022.06.17 Motion for Summary Judgment, Adjudication 063
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.06.17
Excerpt: ...udgment or, in the Alternative, Summary Adjudication 3. Declaration of David Song in Support of Motion for Summary Judgment or, in the Alternative, Summary Adjudication 4. Declaration of Christy Pham in Support of Motion for Summary Judgment or, in the Alternative, Summary Adjudication 5. Declaration of Jean Sanz in Support of Motion for Summary Judgment or, in the Alternative, Summary Adjudication 6. Separate Statement of Undisputed Material Fac...
2022.06.17 Motion for Leave to Intervene 868
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.06.17
Excerpt: ..., becomes a party to an action or proceeding between other persons by doing any of the following: (1) Joining a plaintiff in claiming what is sought by the complaint[;] (2) Uniting with a defendant in resisting the claims of a plaintiff[; or] (3) Demanding anything adverse to both a plaintiff and a defendant.” (Code Civ. Proc., § 387, subd. (b).) “A nonparty shall petition the court for leave to intervene by noticed motion or ex parte applic...
2022.06.16 Motion to Exclude Expert Witnesses, for Protective Order 821
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.06.16
Excerpt: ... Fractor, Ph.D. (“Fractor”) and Joanne Latham, M.A., CRC, LMFT, CC, ABVE/D (“Latham”) (collectively, “Experts”), from presenting evidence at trial pertaining to Plaintiff's claim for loss of earning capacity. Defendants also request a protective order precluding the Experts from testifying during trial or, in the alternative, be precluded from offering testimony, reports, or evidence regarding Plaintiff's claim of loss of earning capa...
2022.06.16 Motion for Judgment on the Pleadings 104
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.06.16
Excerpt: ...tiff opposes the motion. REQUEST FOR JUDICIAL NOTICE Under Evidence Code section 451, “[j]udicial notice shall be taken of the following: (a) The decisional, constitutional, and public statutory law of this state and of the United States and the provisions of any charter described in Section 3, 4, or 5 of Article XI of the California Constitution…(f) Facts and propositions of generalized knowledge that are so universally known that they canno...
2022.06.16 Motion for Determination of Good Faith Settlement 626
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.06.16
Excerpt: ... and Lin Oi Cheung (collectively, “Opposing Defendants”) oppose the motion. ANALYSIS Under section 877.6 of the California Code of Civil Procedure, “[a] determination by the court that [a] settlement was made in good faith shall bar any other joint tortfeasor . . . from any further claims against the settling tortfeasor . . . for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comp...
2022.06.10 Motion for Summary Judgment 913
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.06.10
Excerpt: ...s to Evidence in Support of Motion for Summary Judgment OPPOSITION PAPERS: None filed. REPLY PAPERS: None filed. BACKGROUND Plaintiff Linda G. Williams sued defendant Good Samaritan Hospital based on injuries Plaintiff alleges she sustained when she “felt an electrical current shock/jolt to her right leg” upon exiting an elevator on Defendant's premises. (Complaint, ¶ 8.) Defendant moves for summary judgment on Plaintiff's complaint. Plainti...
2022.06.08 Motion for Summary Judgment 065
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.06.08
Excerpt: ...Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: None filed. REPLY PAPERS: None filed. BACKGROUND Plaintiff Laura Lubinsky sued defendants Myles Josef Zakheim, O.D. (“Zakheim”) and Dr. Myles Josef Zakheim, O.D., Optometric Corporation dba Optometrix an Optometric Center (collectively, “Defendants”) based on injuries Plaintiff alleges she sustained while under the care and treatment of Defendants. Plaintiff alleg...
2022.06.08 Demurrer 464
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.06.08
Excerpt: ...n duty. Defendant demurs to the first cause of action for assault and battery and the second cause of action for negligence in Plaintiff's complaint. Plaintiff opposes the demurrer. ANALYSIS “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the com...
2022.05.31 Motion to Continue Trial 978
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.05.31
Excerpt: ...2022, [1] with all motion and discovery cutoffs to be based on the new trial date. Plaintiffs oppose the motion. ANALYSIS “Continuances are granted only on an affirmative showing of good cause requiring a continuance.” (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion in considering a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) California Rules of Cour...
2022.05.31 Motion for Summary Judgment, Adjudication 568
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.05.31
Excerpt: ...al Facts in Support of Motion 3. Declaration of Leslie A. Blozan in Support of Motion 4. Declaration of Logan Abbene in Support of Motion OPPOSITION PAPERS: 1. None REPLY PAPERS: 1. Reply to Failure of Opposition to Notice of Motion for Summary Adjudication of Issues And/Or Summary Judgment of Plaintiff's Complaint SUPPLEMENTAL PAPERS: 1. Declaration of Leslie A. Blozan In Compliance with Court order BACKGROUND Plaintiff Sacha Agopian, a minor, b...
2022.05.31 Demurrer to SAC, Motion to Strike 240
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.05.31
Excerpt: ...d on injuries Plaintiff alleges he suffered while under the treatment and care of Defendants. Defendants demur to all three causes of action in Plaintiff's second amended complaint. Defendants also move to strike portions of Plaintiff's second amended complaint, including Plaintiff's claim for punitive damages in the complaint. Plaintiff has not filed an opposition to the motion or demurrer. REQUEST FOR JUDICIAL NOTICE Under Evidence Code section...
2022.05.27 Motion to Set Aside Dismissal 142
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.05.27
Excerpt: ...ourt's order of December 16, 2022, in which the Court dismissed Plaintiffs' complaint without prejudice for Plaintiffs' failure to appear for non-jury trial. The motion is unopposed. ANALYSIS Per Code of Civil Procedure section 473, subdivision (b), a 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 mis...
2022.05.27 Motion to Set Aside Default, to Reopen Discovery 383
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.05.27
Excerpt: ...eir legal representative, Stuart J. Liebman (“Counsel”), move to set aside the Clerk of the Court's entries of default against Cruz Estrada on May 12, 2021, and Everlasting on December 29, 2021. Plaintiff Jesus Urbina Orozco opposes the motion. The Court notes that Defendants filed one motion to set aside the defaults against both Cruz Estrada and Everlasting, as well as to reopen discovery. Instead, Defendant should have filed three separate...
2022.05.27 Motion to Set Aside Default and Quash Service of Summons 467
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.05.27
Excerpt: ...idence Code section 451, “[j]udicial notice shall be taken of the following: (a) The decisional, constitutional, and public statutory law of this state and of the United States and the provisions of any charter described in Section 3, 4, or 5 of Article XI of the California Constitution…(f) Facts and propositions of generalized knowledge that are so universally known that they cannot reasonably be the subject of dispute. ” (Evid. Code, § 4...
2022.05.27 Motion to Continue Trial 083
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.05.27
Excerpt: ...ovember 17, 2022. Plaintiffs oppose the motion. ANALYSIS “Continuances are granted only on an affirmative showing of good cause requiring a continuance.” (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion in considering a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) California Rules of Court, rule 3.1332 sets forth factors for the Court to consider in ru...
2022.05.27 Demurrer to FAC 625
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.05.27
Excerpt: ...on for strict liability in Plaintiff's first amended complaint. Plaintiff opposes the demurrer. REQUEST FOR JUDICIAL NOTICE Under Evidence Code section 451, “[j]udicial notice shall be taken of the following: (a) The decisional, constitutional, and public statutory law of this state and of the United States and the provisions of any charter described in Section 3, 4, or 5 of Article XI of the California Constitution…(f) Facts and propositions...
2022.05.26 Motion for Additional Medical Exam, to Continue Trial 893
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.05.26
Excerpt: ...Calbert Tillett, Jr. (collectively, “Defendants”) based on a motor vehicle collision. Defendants move for leave to obtain a second physical examination of Plaintiff by Mark Spoonamore, M.D. (“Spoonamore”), who is an orthopedic spine surgeon. Defendants also move to continue the trial, which, as of the filing date of the motion, was scheduled for January 14, 2022, to July 13, 2022, with the discover and motion cutoffs to be based on the ne...
2022.05.26 Demurrer 452(2)
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.05.26
Excerpt: ...intiff has not filed an opposition to the demurrer. ANALYSIS “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal construction means that the reviewing court draws inferences favorable ...
2022.05.24 Petition for Relief from Provisions of Government Code 935
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.05.24
Excerpt: ...ef from the provisions of Government Code section 945.4 to permit Petitioners to proceed on their claims against Respondent People of the State of California, Acting By and Through the Department of Transportation. Respondent opposes the motion. ANALYSIS Per the Government Claims Act, a party with a claim for damages against a public entity must first file claim directly with that entity. The party may file a lawsuit only if the public entity den...
2022.05.24 Motion to Set Compensation of Expert Witness 490
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.05.24
Excerpt: ...ensation for Kapil Moza, M.D. (“Moza”) and Andrew S. Morris, D.C. (“Morris”), who are expert witnesses retained by Plaintiff Natalie Colonette. Plaintiff opposes the motion. In reply, Defendants represent that the parties have reached an informal resolution concerning Moza's fees such that they are no longer at issue. The Court therefore denies the motion as to Moza as moot. The Court only considers the motion as to Morris. ANALYSIS As a ...
2022.05.19 Motions to Compel Further Responses, for Monetary Sanctions 455
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.05.19
Excerpt: ...f”) alleges that she was injured in a motor vehicle collision involving Defendant Skyler Jay Jones (“Defendants”). Plaintiff moves the Court for orders compelling Defendant to provide further responses to the following discovery requests: 1. Special Interrogatories, Set 1, Propounded to Defendant . Propounded: July 14, 2021 a. Responses: September 17, 2021 b. Motion Filed: April 22, 2022 (Motion A) 2. Demands for Production of Documents, Se...
2022.05.05 Motion to Strike Punitive Damages 474
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.05.05
Excerpt: ...for punitive damages in the complaint. Plaintiff opposes the motion. PLAINTIFF'S OBJECTIONS Plaintiff objects to Defendants' motion to strike on two grounds. First, Plaintiff argues Defendants failed to sufficiently meet and confer prior to filing the motion. Under Code of Civil Procedure section 435.5, before filing a motion to strike, the moving party must meet and confer in person or by telephone with the party who filed the subject pleading f...
2022.05.05 Motion to Set Compensation of Expert Witness 185
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.05.05
Excerpt: ...ed an opposition to the motion. ANALYSIS As treating health care practitioners, Deponents are entitled to reasonable fees for their deposition testimony if Defendant will ask them “to express opinion testimony, including opinion or factual testimony regarding the past or present diagnosis or prognosis made by the practitioner or the reasons for a particular treatment decision made by the practitioner . . . .” (Code Civ. Proc., § 2034.430, su...
2022.05.03 Motion to Continue Trial 730
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.05.03
Excerpt: ... Plaintiff opposes the motion. ANALYSIS “Continuances are granted only on an affirmative showing of good cause requiring a continuance.” (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion in considering a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) California Rules of Court, rule 3.1332 sets forth factors for the Court to consider in ruling on a motion ...
2022.05.03 Motion for Summary Judgment, Adjudication 519
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.05.03
Excerpt: ...ummary Adjudication 3. Declaration of Michelle L. Villareal in Support of Motion for Summary Judgment or in the Alternative Summary Adjudication 4. Compendium of Exhibits in Support of Motion for Summary Judgment or in the Alternative Summary Adjudication 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment or in the Alternative Summary Adjudication 6. Notice of Lodging in Support of Motion for Summary Judg...
2022.04.29 Petition for Relief from Provisions of Government Code Section 945.4
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.04.29
Excerpt: ...opposes the motion. ANALYSIS Per the Government Claims Act, a party with a claim for damages against a public entity must first file claim directly with that entity. The party may file a lawsuit only if the public entity denies or rejects the claim. (Gov. Code, §§ 905, 945.4; City of Ontario v. Superior Court (1993) 12 Cal.App.4th 894.) Further, an action against a public employee is barred if an action against the employing public entity would...
2022.04.29 Motion to Compel Responses, to Deem RFAs Admitted, for Monetary Sanctions 257
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.04.29
Excerpt: ...gatories, set one (“FROG”) and Special Interrogatories, set one (“SROG”). Plaintiff also moves to deem admitted the matters specified in Requests for Admission, set one, (“RFA”) which Plaintiff propounded on Defendant. Plaintiff seeks monetary sanctions. Defendant opposes the motions. At the outset, the Court finds that Plaintiff filed a single motion to compel responses to the FROG and SROG. Instead, Plaintiff should have filed two s...
2022.04.29 Motion for Summary Judgment, Adjudication 725
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.04.29
Excerpt: ...iry in Support of Motion for Summary Judgment or, in the Alternative, Motion for Summary Adjudication 3. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment or, in the Alternative, Motion for Summary Adjudication OPPOSITION PAPERS: 1. Opposition to Rasic's Motion for Summary Judgment or, in the Alternative, Motion for Summary Adjudication; Memorandum of Points and Authorities; Request for Continuance 2. Reque...
2022.04.27 Motion for Determination of Good Faith Settlement 014
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.04.27
Excerpt: ...tling Defendants move for a determination that their settlement with Plaintiff was entered into in good faith. Defendant Fusion Contracting, Inc. (“Fusion”) opposes the motion. ANALYSIS Under section 877.6 of the California Code of Civil Procedure, “[a] determination by the court that [a] settlement was made in good faith shall bar any other joint tortfeasor . . . from any further claims against the settling tortfeasor . . . for equitable c...
2022.04.27 Motion for Summary Judgment, Adjudication 063
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.04.27
Excerpt: ..., Summary Adjudication 3. Declaration of David Song in Support of Motion for Summary Judgment or, in the Alternative, Summary Adjudication 4. Declaration of Christy Pham in Support of Motion for Summary Judgment or, in the Alternative, Summary Adjudication 5. Declaration of Jean Sanz in Support of Motion for Summary Judgment or, in the Alternative, Summary Adjudication 6. Separate Statement of Undisputed Material Facts in Support of Motion for Su...
2022.04.26 Motion to Reopen Discovery, for Monetary Sanctions 421
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.04.26
Excerpt: ...ncident. Plaintiff requests monetary sanctions. Defendant opposes the motion and also requests monetary sanctions. ANALYSIS Trial is currently set for July 8, 2022, which the Court set pursuant to Plaintiff's most recent ex parte application to continue trial. (See February 23, 2022 Minute Order.) Based on the Court's February 23, 2022 Minute Order, the fact discovery cutoff was February 22, 2022, and the expert discovery was March 9, 2022. (Code...
2022.04.19 Motion for Summary Judgment, Adjudication 341
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.04.19
Excerpt: ...rate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment or, in the Alternative, Summary Adjudication OPPOSITION PAPERS: None filed. BACKGROUND Plaintiff Cesar Garnica Elizalde sued Defendants Silver State Materials, LLC (“SSM”) and Joseph V. Castagliogla, Jr. (“Castagliogla”) based on a motor vehicle collision. SSM moves for summary judgment on Plaintiff's complaint. Plaintiff has not filed an opposition to t...
2022.04.14 Motion for Summary Judgment 771
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.04.14
Excerpt: ...one filed. BACKGROUND Plaintiff Nevin Naibert, by and through his Guardian ad Litem, Pamela Ione Wistrom, sued Defendant Burbank Unified School District based on an accident in which Plaintiff tripped and fell while attempting to step up onto an auditorium stage riser during a school performance. (Complaint, p. 2.) Defendant moves for summary judgment on Plaintiff's complaint for negligence and dangerous condition of public property. Plaintiff ha...
2022.04.13 Motion for Summary Judgment, Adjudication 085
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.04.13
Excerpt: ...teven D. Whang in Support of Motion for Summary Judgment 4. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: None filed. REPLY PAPERS: None filed. BACKGROUND Plaintiff Alma Cervantes sued Defendant Costco Wholesale Corporation for premises liability and general negligence based on a slip-and-fall in a warehouse owned and operated by Defendant. Plaintiff alleges Defendant failed to utiliz...
2022.04.08 Motion to Require Undertaking 207
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.04.08
Excerpt: ...the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking.” (Code Civ. Proc., § 1030, subd. (a).) The plaintiff is not required to file an undertaking unless “there is a reasonable possibility that the moving defendant will obtain judgment in the action or special proceeding.” (Code Civ. Proc., § 1030, subd. (b).) The defendant is not required to show that there is no po...
2022.04.08 Demurrer, Motion to Strike 372
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.04.08
Excerpt: ...ta Cobb, Jenell Nelson (“Jenell”), and Jenine Nelson-Piggott (“Jenine”) (collectively, “Plaintiffs”) sued Defendants Century Housing Corporation (“Housing”) and Century Villages at Cabrillo, Inc. (“Villages”) (collectively, “Defendants”) based on the death of Derrick Smith (“Decedent”). Defendants demur to the second cause of action for wrongful death resulting from premises liability in Plaintiffs' complaint. Defendan...
2022.04.07 Motion to Compel Additional IME 559
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.04.07
Excerpt: ...ests monetary sanctions. ANALYSIS When the physical condition of the plaintiff is in controversy in a personal injury case, the defendant may obtain a physical examination of the plaintiff. (Code Civ. Proc., §§ 2032.020, 2032.220.) A defendant is permitted to one physical examination of the plaintiff in a personal injury action on demand. (Code Civ. Proc., § 2032.220, subd. (a).) If the defendant seeks to obtain an additional physical examinat...
2022.04.07 Demurrer, Motion to Strike 607
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.04.07
Excerpt: ...sustained in a physical altercation with Defendant's security personnel. Defendant demurs to the third cause of action (malicious prosecution) in Plaintiffs' complaint. Defendant also move to strike Plaintiffs' claim for punitive damages in the first amended complaint. Plaintiffs oppose the motion and demurrer. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v...
2022.04.07 Demurrer, Motion to Strike 029
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.04.07
Excerpt: ...Plaintiff was a passenger in a vehicle Plaintiff hailed through Defendants' ridesharing platform. Defendants demur to the second (negligence per se) and fourth (strict product liability) causes of action in Plaintiff's complaint. Defendants also move to strike Plaintiff's claim for punitive damages. Plaintiff opposes the motion and demurrer. REQUEST FOR JUDICIAL NOTICE Under Evidence Code section 451, “[j]udicial notice shall be taken of the fo...
2022.04.07 Demurrer to FAC 612 (2)
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.04.07
Excerpt: ...timely. Per Code of Civil Procedure section 1005, subdivision (b), Plaintiff's opposition was due to be filed and served at least nine court days before the hearing. The Court notes Plaintiff filed and served her opposition on March 28, 2022, which is seven days before the hearing on the demurrer. Despite the procedural deficiency, Defendant has nevertheless timely filed and served a reply to Plaintiff's opposition with full briefing on its merit...
2022.04.07 Demurrer 121
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.04.07
Excerpt: ...tions in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal construction means that the reviewing court draws inferences favorable to the plaintiff, not the defendant.” (Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228, 1238.) Defendant demurs to the third ...
2022.04.06 Demurrer 699
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.04.06
Excerpt: ...��Enterprise Defendants”), and Tina Marie Cooper (“Cooper”) based on a motor vehicle collision. Plaintiffs allege Cooper collided with Plaintiffs' vehicle while driving a vehicle owned by Enterprise Defendants. Plaintiffs later named Enterprise via Doe amendment. Enterprise Defendants demur to Plaintiffs' entire complaint. Plaintiffs oppose the demurrer. REQUEST FOR JUDICIAL NOTICE Under Evidence Code section 451, “[j]udicial notice shall...
2022.04.06 Motion to Compel Arbitration 552
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.04.06
Excerpt: ...ion while riding as a passenger in a vehicle hailed through Petitioners' ridesharing platform. Respondent opposes the motion. ANALYSIS 1. MOTION TO COMPEL ARBITRATION – LEGAL STANDARDS “[T]he advantages of arbitration include a presumptively less costly, more expeditious manner of resolving disputes. It follows a party to a valid arbitration agreement has a contractual right to have its dispute with another party to the contract resolved quic...
2022.04.06 Motion for Issue and Evidentiary Sanctions 310
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.04.06
Excerpt: ...ntiff moves for imposition of (1) issue sanctions, (2) evidentiary sanctions, and/or (3) an evidentiary presumption. Defendants oppose the motion. ANALYSIS “Spoliation is the destruction or significant alteration of evidence, or the failure to preserve property for another's use as evidence, in pending or future litigation.” (Hernandez v. Garcetti (1998) 68 Cal.App.4th 675, 680.) Under California law, a party cannot destroy evidence “in res...
2022.04.06 Motion for Summary Judgment 978
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.04.06
Excerpt: ...n for Summary Judgment or in the alternative Summary Adjudication [1] 5. Appendix of Exhibits in Support of Moton for Summary Judgment or in the alternative Summary Adjudication OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment 2. Declaration of Warren Plouffe in Support of Opposition to Defendant's Motion for Summary Judgment 3. Declaration of Philip L. Rosescu in Support of Opposition to Defendant's Motion for Summary Judgment 4. ...
2022.04.05 OSC Re Contempt, Request for Monetary Sanctions and Imposition of Forfeiture 263
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.04.05
Excerpt: ... a court order to appear as a witness for a deposition. Defendants also request monetary sanctions in the amount of $1,579.65 and an imposition of a $500.00 forfeiture fee. No opposition has been filed. ANALYSIS Code of Civil Procedure section 2020.010 permits discovery of non-party witnesses through oral and written depositions. (Code Civ. Proc., § 2020.010(a)(1), (2); Hawkins v. TACA International Airlines, S.A. (2014) 223 Cal.App.4th 466, 476...
2022.04.05 Motion to Dismiss Complaint 458
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.04.05
Excerpt: ... order. No opposition has been filed. ANALYSIS The court has discretion to impose terminating sanctions when a party willfully disobeys a discovery order. (Code Civ. Proc., § 2023.010(g).) The court may impose a terminating sanction by striking a party's pleading or dismissing the action of the party. (Code Civ. Proc., § 2023.030(d).) California discovery law authorizes a range of penalties for a party's refusal to obey a discovery order, inclu...
2022.04.05 Motion for Judgment on the Pleadings, for Sanctions 752
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.04.05
Excerpt: ...eir son (“Decedent”) died after falling from a chair while unsupervised in a classroom. Decedent was a student with special needs who attended Sunset Elementary School within the Hacienda La Puente Unified School District (“District”). Gallagher Pediatric Therapy, Inc. (“GPT”) provided physical therapy services to Decedent through its employee, Elke Tapia (“Tapia”). Plaintiffs sued the District, GPT, and Tapia, but later dismissed...
2022.03.30 Motion to Strike Exemplary Damages 137
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.30
Excerpt: ... 2022, Defendant filed a motion seeking to strike the claim for, and references to, exemplary damages on the grounds that Plaintiff has failed to state facts which allow for the recovery of such damages. On March 16, 2022, Plaintiff filed an opposition to Defendant's motion to strike. On March 23, 2022, Defendant filed a reply to Plaintiff's opposition. ANALYSIS Any party, within the time allowed to respond to a pleading, may serve and file a mot...
2022.03.30 Motion to Compel Deposition 978
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.30
Excerpt: ... January 26, 2022, Petitioner filed a motion to compel deposition of the person most knowledgeable of Advanced Spine Institute. Respondent opposes the motion. Petitioner moves the Court for an order compelling compliance with its deposition subpoena and for sanctions due to the failure of the Person Most Knowledgeable of Advanced Spine Institute to appear deposition and produce business records without substantial justification. Petitioner also s...
2022.03.30 Demurrer 291
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.30
Excerpt: ...f informed consent. On February 6, 2022, Defendant filed a demurrer to Plaintiff's Complaint. Defendant demurs to the Second and Third causes of action of the Complaint on the grounds that those causes of action relate to the same primary right as the first cause of action for professional negligence, i.e., alleged physical injuries to the Plaintiff during his negligent treatment with Defendant. On March 22, 2022, Plaintiff filed an opposition to...
2022.03.29 Motions to Compel Depositions, for Monetary Sanctions 434
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.29
Excerpt: ...properly served deposition notice requires a party to attend and to testify. (Code Civ. Proc., § 2025.280, subd. (a).) “If, after service of a deposition notice, a party to the action … without having served a valid objection … fails to appear for examination, … or to produce for inspection any document, … described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and test...
2022.03.29 Motion for Summary Judgment, Adjudication 659
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.29
Excerpt: ...t of Motion for Summary Judgment, or in the Alternative, Summary Adjudication 3. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, or in the Alternative, Summary Adjudication 4. Notice of Lodgment In Support of Motion for Summary Judgment, or in the Alternative, Summary Adjudication 5. Request for Judicial notice In Support of Motion for Summary Judgment, or in the Alternative, Summary Adjudication OPPOSIT...
2022.03.29 Motion for Summary Judgment 236
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.29
Excerpt: ... Summary Judgment 5. Notice of Advanced Hearing Date on Defendants' Motion for Summary Judgment OPPOSITION PAPERS: None Filed REPLY PAPERS: None filed. BACKGROUND Plaintiff Cesar Mancilla Lobos (“Plaintiff”) sued Defendants Low Price Autobody Shop, Inc. and Vardan Vardumyan (“Defendants”) based on injuries Plaintiff claims he sustained in a motor vehicle collision. Plaintiff has not filed an opposition. LEGAL STANDARD – SUMMARY JUDGMENT...
2022.03.29 Demurrer, Motion to Strike 341
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.29
Excerpt: ...ely, “Plaintiffs”) sued Defendant PIH Health Hospital - Downey based on allegations of elder abuse leading to Decedent's death. Defendant demurs to the second of action in Plaintiffs' first amended complaint. Defendant also moves to strike Plaintiffs' claim and prayer for punitive damages against Defendant. Plaintiffs oppose the motion and demurrer. Defendant replies to the oppositions. ANALYSIS 1. DEMURRER “It is black letter law that a de...
2022.03.28 Motions to Compel Deposition, for Sanctions 559
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.28
Excerpt: ...ks monetary sanctions. ANALYSIS 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's attendance and testimony. (Code Civ. Proc., § 2025.450, subd. (a).) On August 26, 2021, Plaintiff served a deposition n...
2022.03.25 Motion for Leave to File FAC 613
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.25
Excerpt: ... Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “T he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, 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...
2022.03.24 Motion to Strike 811
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.24
Excerpt: ... a motor vehicle collision. Margarit moves to strike Plaintiffs' claim and prayer for punitive damages in the first amended complaint (“FAC”). Plaintiffs oppose the motion. ANALYSIS 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 thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On a motion to strike, the court may: (...
2022.03.24 Motion to Reopen Discovery 622
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.24
Excerpt: ...n discovery to permit Defendants the opportunity to complete additional fact discovery. Plaintiff Mark Louie Torres opposes the motion. ANALYSIS Trial is currently set for June 3, 2022, which the Court set pursuant to parties' stipulation. (See January 20, 2022 Stipulation and Order.) Based on the parties' stipulation, non-expert discovery was to remain closed and the expert discovery was to close based on the trial date of June 3, 2022. (See Ord...
2022.03.23 Motion for Summary Judgment 542
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.23
Excerpt: ...Judgment 4. Separate Statement of Undisputed Material Facts in Support of Second Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Second Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Britany Engleman in Support of Opposition to Second Motion for Summary Judgment 3. Declaration of Sylvia Vasquez in Support of Opposition to Second Motion for Summary Judgment 4. Declaration of F. Ramzi Asfour, M.D...
2022.03.23 Motion for Leave to File SAC 046
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.23
Excerpt: ...of Civil Procedure section 473, subdivision (a)(1), “T he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, 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 ad...
2022.03.21 Motion to Quash Subpoenas, for Monetary Sanctions 764
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.21
Excerpt: ...Plaintiff's medical providers and 2 subpoenas Defendant served on Plaintiff's current and former employers. Defendant opposes the motion. ANALYSIS If a subpoena requires the production of documents, the court may quash the subpoena entirely or modify it. (Code Civ. Proc., § 1987.1, subd. (a).) In ruling on a motion to quash, “the court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, ...
2022.03.18 Petition to Compel Arbitration and Appoint Neutral 418
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.18
Excerpt: ...position to the petition despite the Court continuing the hearing from January 18, 2022 to March 18, 2022 with a briefing schedule based on Respondent's request. ANALYSIS 1. ARBITRATION “[T]he advantages of arbitration include a presumptively less costly, more expeditious manner of resolving disputes. It follows a party to a valid arbitration agreement has a contractual right to have its dispute with another party to the contract resolved quick...
2022.03.18 Motion for Leave to Intervene 791
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.18
Excerpt: ...ecomes a party to an action or proceeding between other persons by doing any of the following: (1) Joining a plaintiff in claiming what is sought by the complaint[;] (2) Uniting with a defendant in resisting the claims of a plaintiff[; or] (3) Demanding anything adverse to both a plaintiff and a defendant.” (Code Civ. Proc., § 387, subd. (b).) “A nonparty shall petition the court for leave to intervene by noticed motion or ex parte applicati...
2022.03.18 Demurrer, Motion to Strike 381
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.18
Excerpt: ...Highland, Inc. (“Highland”) via Doe amendment on December 1, 2021. Highland demurs to the first, second, and third causes of action in Plaintiff's complaint. Highland also moves to strike Plaintiff's prayer for attorney's fees and related portions of Plaintiff's complaint. Plaintiff has not filed an opposition to the motion or demurrer. The Court notes Plaintiff dismissed the third cause of action as asserted against Highland on March 10, 202...
2022.03.17 Motions to Compel Further Responses, for Monetary Sanctions 336
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.17
Excerpt: ... a motor vehicle collision involving Defendant Laura Mendoza (“Defendant”). Defendant moves the Court for orders compelling Plaintiff Herrera to provide further responses to the following discovery requests: 1. Special Interrogatories, Set 1, Propounded to Plaintiff Herrera a. Propounded: April 12, 2021 b. Initial Responses: June 22, 2021 c. Motion Filed: August 6, 2021 (Motion A) 2. Form Interrogatories, Set 1, Propounded to Plaintiff Herrer...
2022.03.17 Demurrer, Motion to Strike 226
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.17
Excerpt: ...ed Plaintiff while Plaintiff was Lycee's student. Defendants demur to the first through fifth causes of action in Plaintiff's complaint. Defendants also move to strike Plaintiff's claim for punitive damages, attorney fees, and treble damages. Plaintiff opposes the motion and demurrer. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 ...
2022.03.16 Demurrer, Motion to Strike 134
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.16
Excerpt: ... arrest during a traffic stop. Defendants demur to the first through third causes of action in Plaintiff's complaint. Defendants also move to strike Plaintiff's claim for punitive damages from the complaint. Plaintiff opposes the motion and demurrer. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on...
2022.03.16 Motion to Vacate Order 416
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.16
Excerpt: ...019, against Defendant Victoria Sifuentes. Defendant Victoria Sifuentes by and through Rosario Sifuentes and Marcelino Sifuentes, Co-Administrators of the Estate of Victoria Sifuentes (“Co-Administrators”) opposes the motion. ANALYSIS Per Code of Civil Procedure section 473, subdivision (d), “[t]he court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform...
2022.03.16 Motion to Quash Subpoena, for Protective Order, for Monetary Sanctions 639
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.16
Excerpt: ...ed on Dr. Shahrouz Ghodsian, M.D. (“Deponent”), and for a protective order precluding Deponent from producing Defendant's requested medical records. Defendant requests monetary sanctions. Plaintiffs oppose the motion. The Court notes Defendant filed a single motion to quash the deposition subpoena served on Deponent and for a protective order. Defendant should have filed two separate motions: one as to each form of relief. The Court will ther...
2022.03.15 Motion for Terminating Sanction 627
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.15
Excerpt: ... motion. ANALYSIS When a party misuses the discovery process by disobeying a court order to provide discovery, the court in its discretion may impose a terminating sanction by striking a party's pleading or dismissing the action of the party. (Code Civ. Proc., §§ 2023.010, subd. (g), 2023.030, subds. (d)(1) & (d)(3); 2030.290, subd. (c), 2031.300, subd. (c).) California discovery law authorizes a range of penalties for a party's refusal to obey...
2022.03.14 Motion to Dismiss Due to Inconvenient Forum, for Leave to File FAC 905
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.14
Excerpt: ...Thomas alleges he sustained when exercising with an exercise product that malfunctioned and struck him in the eye. The incident occurred in Silver Creek, Washington. At the time of filing suit, Plaintiffs resided in California, but now live in Washington. GoFit is an Oklahoma limited liability company with its principal place of business in Oklahoma. GoFit moves to dismiss the action based on inconvenient forum, contending that Washington is a su...
2022.03.14 Motion for Summary Judgment, Adjudication 970
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.14
Excerpt: ... Summary Adjudication 3. Declaration of John M. Bergerson in Support of Motion for Summary Judgment, or in the Alternative, Summary Adjudication 4. Declaration of Alyssa Preston in Support of Motion for Summary Judgment, or in the Alternative, Summary Adjudication 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, or in the Alternative, Summary Adjudication OPPOSITION PAPERS: 1. Statement of Non-Oppositi...
2022.03.14 Motion for Leave to Intervene 547
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.14
Excerpt: ...es a party to an action or proceeding between other persons by doing any of the following: (1) Joining a plaintiff in claiming what is sought by the complaint[;] (2) Uniting with a defendant in resisting the claims of a plaintiff[; or] (3) Demanding anything adverse to both a plaintiff and a defendant.” (Code Civ. Proc., § 387, subd. (b).) “A nonparty shall petition the court for leave to intervene by noticed motion or ex parte application. ...
2022.03.11 Motion to Tax Costs 479
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.11
Excerpt: ...mber 20, 2021. Plaintiff moves to tax Defendants' claimed costs. ANALYSIS Code of Civil Procedure section 1033.5, subdivision (a) sets forth items that are allowable as costs. Allowable costs under Section 1033.5 must be “reasonably necessary to the conduct of this litigation rather than merely convenient or beneficial to its preparation” and “reasonable in amount.” (Code Civ. Proc., § 1033.5, subds. (c)(2), (3).) “Items not mentioned ...
2022.03.11 Motion to Quash Service of Summons and Complaint 384
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.11
Excerpt: ...he summons and complaint for improper service. Plaintiff opposes the motions. ANALYSIS “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. (2) To stay or dismiss the action on the gro...
2022.03.11 Demurrer 476
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.11
Excerpt: ... in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal construction means that the reviewing court draws inferences favorable to the plaintiff, not the defendant.” (Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228, 1238.) First, the Court notes that Plainti...
2022.03.10 Motion to Strike 804
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.10
Excerpt: ...e. Plaintiff opposes the motion. ANALYSIS 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 thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or...
2022.03.09 Motions to Quash Subpoenas 606
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.09
Excerpt: ...urance Company (“Zurich”), The Travelers Indemnity Company (“Travelers”), and Mercury Insurance Company (“Mercury”) (collectively, “Deponents”). Defendant opposes the motions. ANALYSIS If a subpoena requires the production of documents, the court may quash the subpoena entirely or modify it. (Code Civ. Proc., § 1987.1, subd. (a).) In ruling on a motion to quash, “the court may in its discretion award the amount of the reasonabl...
2022.03.08 Motion for Leave to Intervene 024
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.08
Excerpt: ...comes a party to an action or proceeding between other persons by doing any of the following: (1) Joining a plaintiff in claiming what is sought by the complaint[;] (2) Uniting with a defendant in resisting the claims of a plaintiff[; or] (3) Demanding anything adverse to both a plaintiff and a defendant.” (Code Civ. Proc., § 387, subd. (b).) “A nonparty shall petition the court for leave to intervene by noticed motion or ex parte applicatio...
2022.03.08 Motion for Summary Adjudication 503
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.08
Excerpt: ...ary Adjudication/Judgment 4. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Adjudication/Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Adjudication/Judgment; Memorandum of Points and Authorities 2. Response to Separate Statement of Undisputed Material Facts 3. Declaration of Thomas Fugger in Support of Opposition to Motion for Summary Judgment 4. Declaration of Michael Nebenzahl in Support of Op...
2022.03.08 Motion to Strike 331
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.08
Excerpt: ... Association (“HOA”) based on injuries Plaintiffs allege Lulu sustained from a dog bite owned by Defendants Adam Gruen and Amanda Gruen (collectively, “Gruens”). HOA moves to strike Plaintiffs' prayer for punitive damages and prejudgment interest in the second amended complaint (“SAC”). Plaintiffs oppose the motion. ANALYSIS 1. MOTION TO STRIKE Any party, within the time allowed to respond to a pleading, may serve and file a motion to...
2022.03.07 Motion to Compel Mental Exams, to Continue Trial 166
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.07
Excerpt: ...ation by Barry I. Ludwig, M.D. (“Ludwig”); (2) a psychiatric examination by Suzanne Dupee, M.D (“Dupee”); and (3) a neuropsychological examination by Roger Light, M.D (“Light”). Plaintiff opposes the motion. ANALYSIS “If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain leave of court. A motion ...
2022.03.07 Motion for Summary Judgment 306
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.07
Excerpt: ... Statement of Undisputed Material Facts in Support of Motion for Summary Judgment BACKGROUND Plaintiff Emmanuel Henry Mendoza sued Defendants MNE Trucking, Inc. (“MNE”) and Chad August Chaves (“Chaves”) (collectively, “Defendants”), based on a motor vehicle collision. Defendants move for summary judgment on Plaintiff's complaint. Plaintiff has not filed an opposition to the motion. DISCUSSION Defendants move for summary judgment on Pl...
2022.03.04 Motion to Tax Costs 913
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.04
Excerpt: ...claration of Sara Greco. ANALYSIS Code of Civil Procedure section 1033.5, subdivision (a) sets forth items that are allowable as costs. Allowable costs under Section 1033.5 must be “reasonably necessary to the conduct of this litigation rather than merely convenient or beneficial to its preparation” and “reasonable in amount.” (Code Civ. Proc., § 1033.5, subds. (c)(2), (3).) “Items not mentioned in [Section 1033.5] and items assessed u...
2022.03.04 Motion to Set Aside Dismissal 908
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.04
Excerpt: ...ppear at the Order to Show Cause Re: dismissal for failure to enter default as to defendant Marcus Denzel Rogers (“OSC”). The motion is unopposed. ANALYSIS Per 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.” In additi...
2022.03.04 Motion for Summary Judgment 343
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.04
Excerpt: ...ent BACKGROUND Plaintiff Hamid Sabzbalouch-I-Bam (“Plaintiff”) sued Defendant West Hills Hospital (“Defendant”) for medical malpractice. Plaintiff alleges that Defendant failed to provide appropriate care, treatment and safety precautions, causing injuries to Plaintiff. (Complaint, ¶¶ 13- 14.) Defendant moves for summary judgment on Plaintiff's complaint. Plaintiff has not filed an opposition to the motion. LEGAL STANDARD – MOTION FOR...
2022.03.04 Motion for Leave to File FAC 553
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.04
Excerpt: ...t Los Angeles County Metropolitan Transportation Authority opposes the motion. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “[t] he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any ot...
2022.03.04 Demurrer 467
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.04
Excerpt: ...nd Maria. Defendants demurs to all four causes of action in Plaintiff's complaint. Plaintiff opposes the demurrer. ANALYSIS “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal construc...
2022.03.03 Motion to Tax Costs 567
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.03
Excerpt: ...rth items that are allowable as costs. Allowable costs under Section 1033.5 must be “reasonably necessary to the conduct of this litigation rather than merely convenient or beneficial to its preparation” and “reasonable in amount.” (Code Civ. Proc., § 1033.5, subds. (c)(2), (3).) “Items not mentioned in [Section 1033.5] and items assessed upon application may be allowed or denied in the court's discretion.” (Id., subd. (c)(4).) On a ...
2022.03.03 Motion to Exclude Expert Witnesses 457
Location: Los Angeles
Judge: Whitaker, Michael E
Hearing Date: 2022.03.03
Excerpt: ...f's designated experts from presenting evidence at trial. Plaintiff opposes the motions. Hwang objects to Plaintiff's opposition as untimely, among other things. All papers opposing a motion must be filed with the court and a copy served on each party at least nine court days before the hearing. (Code Civ. Proc., § 1005, subd. (b).) The Court notes Plaintiff filed his oppositions on February 18, 2022, or eight court days before the hearing. Plai...

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