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2023.03.21 Motion to Permit Mental Exam 327
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.03.21
Excerpt: ... examiner, and the "manner, conditions, scope and nature of the examination." (Code Civ. Præ„ S 2032.3100.) "An order granting a physical or mental examination shall speci$ the person or persons who may perform the exammation, as well as the time, place, manner, diagnostic tests and procedures, conditions, scope, and nature of the examination." (Code Civ. Proc„ 5 2032.3200.) "The court is to describeÜn detailiwho will conductthe examination...
2023.03.20 Motion for Summary Judgment, Adjudication 892
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.03.20
Excerpt: ...ilar 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 factand that the moving is entitled to judgment as a matter of law." (Adler v. Manor ...
2023.03.20 Motion for Leave to File Amended Complaint 772
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.03.20
Excerpt: ...take in any other respect; and may, upon like terms, enlarge the time for answer or demurrer.i 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."i "This discretion should be exercised liberally in favor of amendments, for judicial p...
2023.03.20 Motion for Determination of Good Faith Settlement 805
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.03.20
Excerpt: ...ntered into by the plaintiff... and one or more alleged tortfeasors ... ." "A determination by the court that the settlementwas 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 comparative fault" (Code Civ. Proc. 5 877.6, subd. Although a determination that a settlement was ...
2023.03.20 Motion to Enforce Settlement, for Sanctions 976
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.03.20
Excerpt: ...erms of the settlement If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement (b) For purposes of this section, a writing is signed by a party if it is signed by any of the followmg: (1) The party. (2) An attorney who represents the party. (3) Ifthe party is an insurer, an agent who is authorized in writing by the insurer to sign on the ins...
2023.03.17 Motions to Compel Responses, for Sanctions 641
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.03.17
Excerpt: ...on Plaintiff are admitted. Defendant's request for sanctions is GRANTED. Plaintiff Juan P. Angeo is ordered to pay sanctions to Defendant in the amount ofS720 within 30 days of this order. Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails to sewe a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc„ S 2030.290, subd. The statute...
2023.03.17 Motion to Continue Trial 584
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.03.17
Excerpt: ... must regard these dates as certain to ensure prompt disposition of civil cases. (CRC 3.13320.) However, CRC, Rule 3.1332(c) states, in relevant part: "Although continuances oftrials are disfavored, each request for a continuance must be considered on its ovvn merits. The court may grant a continuance only on an affirmative showmg of good cause requiring the continuance. CRC, Rule 3.13320 lists several circumstances that may indicate good cause, ...
2023.03.17 Motion to Continue Trial 446
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.03.17
Excerpt: ...ther excusable circumstances"; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparmg for trial; (3) "excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts"; or (4) "[a] significant unanticipated change in the status of the case" preventing it from being ready for trial. (Id„ Rule 3.1332(c).) Other relevant considerations may inc...
2023.03.17 Motion to Compel Deposition 329
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.03.17
Excerpt: ... including any party to the action. (Code Civ. Proc„ 5 2025.010.) VVhere a party objects to the deposition, the proper remedy is an objection under Code of Civil Procedure section 2025.410. If such an objection is made within three calendar days before the deposition date, the objectmg parv must make personal service of that objection. Civ. Proc. 2025.410, subd. CCP sectioni2025.450(a) after service of a deposition notice, a party to the action...
2023.03.16 Motion to Strike Punitive Damages 998
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.03.16
Excerpt: ...hole or any part thereof. (Code Civ. S The court may, upon a motion or at any time in its discretion and upon terms it deems proper: (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 filed in conformity with the laws of California, a court rule, or an order of the court (Code Civ. Proc., S 436; Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) Discussion ...
2023.03.15 Motion to Continue Trial 082
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.03.15
Excerpt: ...ew party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial. (Id., Rule 3.1332(c).) Other relevant considerations may include: “(1) The proximity of the trial date;...
2023.03.10 Motion to Continue Trial 280
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.03.10
Excerpt: ...at 10:00 a.m. The fact discovery cutoff date is to comport with the May 9, 2023 trial date. The expert discovery cutoff date and the expert exchange date are to comport with the July 10, 2023 trial date. All motion cutoffs dates are to comport with the May 9, 2023 trial date, except for (1) expert discovery motions and (2) motions in limine. The parties are ordered to mediate on May 8, 2023, as scheduled, since that is one of the stated reasons a...
2023.03.10 Motion for Leave to Complaint 254
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.03.10
Excerpt: ...ound This is an action for premises liability. Plaintiff Andrew Mallon alleges he was injured when his foot went through a broken step on Defendants' property. Plaintiff filed his Complaint against Auburndale Properties, Inc. (“Auburndale”) on December 17, 2020. On May 12, 2021, American Home Assurance Company filed its Complaint in Intervention against Auburndale Properties, Inc. On May 13, 2022, Plaintiff filed a Doe Amendment naming The Sc...
2023.03.10 Motions to Compel Responses, for Sanctions 444
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.03.10
Excerpt: ...y may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subd. (b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Superior Court (1980...
2023.03.10 Motion to Set Aside Default, for Sanctions 087
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.03.10
Excerpt: ...ect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. (Code Civ. Proc., § 473(b).) CCP § 473.5—Lack of Actual Notice CCP § 473.5(a) provides: “When service of a summons has not result...
2023.03.10 Motions to Compel Responses, for Sanctions 483
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.03.10
Excerpt: ...rdered to pay sanctions in the amount of $500.34, jointly and severally, within 30 days of this order. Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subd. (b).) The statute contains no time limit for a motion to compel where no responses have been ser...
2023.03.09 Motion for Summary Judgment 528
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.03.09
Excerpt: ... 2022, Defendant Ralph's Grocery Company d.b.a. Food 4 Less filed this instant Motion for Summary Judgment (“Motion”). Legal Standard The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843....
2023.03.07 Motion to Compel Second IME 843
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.03.07
Excerpt: ...ng Plaintiff's counsel in an attempt to schedule a second deposition, reopen fact discovery, and obtain a second IME, however, Plaintiff's counsel did not respond, necessitating this motion. Analysis 1. Compel Second IME Defendants contend that the first IME conducted on February 16, 2021 was essentially worthless given that it occurred before Plaintiff's spinal surgeries. Those surgeries increased Plaintiff's claimed damages by $300,000, constit...
2023.03.07 Motion to Compel Deposition 005
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.03.07
Excerpt: ...osition notice, a party to the action…, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, 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 testimony, and the production for inspection of any document . . . described in the deposition notice.”¿ (Co...
2023.03.03 Motion for Summary Judgment 168
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.03.03
Excerpt: ...c(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.) “The function of the pleadings in a motion f...
2023.03.02 Motion for Leave to Intervene 810
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.03.02
Excerpt: ...in resisting the claims of a plaintiff, or 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. (Id., § 387, subd. (c).) The petition shall include a copy of the proposed complaint in intervention or an answer in intervention, and set forth the grounds upon which intervention rests. (Ibid.) Code o...
2023.02.28 Motions to Compel Responses 063
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.02.28
Excerpt: ...g party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subd. (b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Superior Court...
2023.02.28 Motion to Compel Compliance with Subpoena for Business Records 450
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.02.28
Excerpt: ..., or any consumer whose personal records are sought, 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 and conditions as the court may specify. (See Code Civ. Proc. § 1987.1; Southern Pac. Co. v. Superior Court (1940) 15 Cal.2d 206.) The court can compel a witness' compliance with a subpoena on...
2023.02.28 Motion for Leave to File Complaint 389
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.02.28
Excerpt: ...Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross- complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought against him.” (...
2023.02.15 Motion for Summary Judgment 527
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.02.15
Excerpt: ... 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.) “The function of the pleadings in a motion for summary judgment ...

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