Excerpt: ...es Chiu-Sung Chang, M.D., Fang-Yu Chao, M.D., and Hai Duc Luu, D.O., and Weber Chen, M.D. for medical negligence. On December 29, 2017, the court stayed the entire action pursuant to Insurance Code §1063.6 because Dr. Chan's insurer, Fairway Physicians, is in the process of liquidation. DISCUSSION Plaintiffs request that the court lift the stay as to all parties and to reset the trial date. As background, on October 25, 2017, the Superior Court ...

Excerpt: ...ion to compel discovery responses within 20 days and ordered plaintiff to pay a monetary sanction to defendant in the amount of $461.19 within 30 days. DISCUSSION Defendant City of Long Beach requests an order for plaintiff to show cause re contempt of court, and/or monetary sanctions for the costs and fees incurred in bringing this motion, and/or for terminating sanctions. Defendant contends that plaintiff has willfully failed to pay monetary sa...

Excerpt: ...omatic 30-day extension to file the instant demurrer. On April 13, 2018, Defendants The Salvation Army, and Dennis Patrick Jones (“Defendants”) filed the instant demurrer to the complaint and a motion to strike the “loss of consortium” damage claim. No other papers were filed for the instant demurrer and motion. Plaintiff's complaint arises from a March 10, 2016 traffic collision at Santa Fe Ave. and Compton Blvd. The form complaint furth...

Excerpt: ...2(a), “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Under CRC Rule 3.1332(b), “A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of ...

Excerpt: ...al malpractice. DISCUSSION Defendants request that the court compel arbitration and to stay this action. Under CCP § 1281, a “written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and revocable, save upon such grounds as exist for the revocation of any contract.” A party to an arbitration agreement may seek a court order compelling the parties to arbitrate a dispute cover...

Excerpt: ...December 4, 2017, a default was entered against The Estate of Carlos Alberto Lopez. On January 5, 2018, defaults were entered against Jose Lopez and Sandra Lopez, as successors in interest. LEGAL STANDARD “The court may, upon terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable negl...

Excerpt: ...service of the summons and complaint. The court continued the FSC to June <000300030037004b004800 00480057000300440051[ OSC re failure to file a proof of <0057004c00490049000a00 004f0003005500480053[orted that the case was close to being settled and the trial was continued to August 31, 2017. On August 16, 2017, plaintiff filed a proof of service of the summons and complaint. <0003004400570003005700 [ On August 31, 2017, there were no appearances...

Excerpt: ... pursuant to stipulation and order, the trial date was continued from December 21, 2017 to April 16, 2018. On March 8, 2018, pursuant to stipulation and order, the trial date was continued to June 18, 2018. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Under CRC Rule 3.1332(b...

Excerpt: ...emises he was walking next to a fence when agents and/or employees of defendant Alta Interiors and/or Does 1-50 accidentally or purposefully caused the fence to fall and strike plaintiff. The fence became unstable and fell onto plaintiff due to agents and/or employees of defendant Alta attempting to pass tools and/or other worksite materials through the fence. On January 28, 2016, Commerce & Industry Ins. Co. filed a complaint in intervention for...

Excerpt: ...r summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their 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 <004800510046004800b...

Excerpt: ...ntion), and wrongful death. On March 12, 2018, plaintiff filed a First Amended Complaint. LEGAL STANDARD 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. CCP § 436(a). The court may also strike all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court....

Excerpt: ...earing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” Under California Rules of Court Rule 3.350(a)(1), a notice of motion to consolidate must: (A) List all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record; (B) Co...

Excerpt: ... on the pleadings. . . . (c)(1) The motion provided for in this section may only be made on one of the following grounds: . . . . (B) If the moving party is a defendant, that either of the following conditions exist: . . . . (ii) The complaint does not state facts sufficient to constitute a cause of action against that defendant.” A motion for judgment on the pleadings “has the purpose and effect of a general demurrer.” Smiley v. Citibank (...

Excerpt: ...fendants Mariya Svilik, M.D., Kevin Abbas Ghassemi, M.D., Kate June Lee, M.D., UCLA Health Systems, and Regents of the University of California for medical battery, lack of informed consent, medical malpractice, personal injury based on negligence for unusual injury under anesthesia during surgery, battery, IIED, failure to preserve records, and failure to permit inspection and to obtain copies of patient records. On December 8, 2017, plaintiff f...

Excerpt: ...ence based on a dog bite incident. On February 1, 2017, defendant Dali II filed a cross-complaint against Jackie Arista for apportionment of fault, indemnification, and declaratory relief. On April 3, 2017, plaintiff filed an amendment designating Matilde Carbajal as Doe 1. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to ...

Excerpt: ... that on September 2, 2015, she went to Esther Lindstrom Elementary School to pick up her nephew's stepchildren. Plaintiff was required to come to the classroom once the bell rang. The bell rang at about 1:35 p.m., at which time the children from the whole school charged the gate as a mob, creating a dangerous condition for the parents and responsible adults who were present. Plaintiff had gotten about 15 feet into the school when she was tripped...

Excerpt: ...r 20, 2017, the court granted plaintiff's motion to compel responses to form interrogatories and motion to have requests for admissions deemed admitted. Trial is set for September 4, 2018. LEGAL STANDARD If a party is served with requests for admission, and then fails to serve timely responses, that party waives any objections to the discovery requests. CCP §2033.280(a). The court, however, may grant relief from this waiver if it determines that...

Excerpt: ...ying the slot machine on the first floor at Treasure Island, a piece of wood and metal that were attached to the slot machine became dislodged and slammed into plaintiff's leg, causing an open wound and required plaintiff to be transported to the hospital. DISCUSSION Defendant Treasure Island LLC requests that the court quash service of summons for lack of personal jurisdiction and to dismiss the action. Defendant contends that it not subject to ...

Excerpt: ...rsuant to stipulation and order, the trial date was continued from March 30, 2017 to July 28, 2017. On February 1, 2017, the trial was continued to December 15, 2017. On December 5, 2017, at the FSC, the trial was continued to February 28, 2018. On January 18, 2018, on an ex parte application to continue trial, the trial date was continued to June 28, 2018. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “To ensure the prompt disposition of civi...

Excerpt: ...arking area. On January 22, 2018, the court granted Valleyheart's motions to compel plaintiff to serve discovery responses. On March 1, 2018, the court granted defendant Three Rivers' motions to compel plaintiff to serve discovery responses. Trial is set for November 26, 2018. DISCUSSION Defendant Valleyheart requests that the court impose terminating sanctions against plaintiff for her failure to comply with the court's order dated January 22, 2...

Excerpt: ...ide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their 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 <004800510046004800b600 00520051005700550044[dicted by o...

Excerpt: ...e orders may be granted on motion of the deponent or any party, or any third person who could be affected by the disclosure (e.g., a nonparty whose privacy would be impaired). CCP §2025.420(a). A formal noticed motion and hearing are always required. A protective order cannot be granted ex parte. St. Paul Fire & Marine Ins. Co. v. Superior Court (1984) 156 Cal. App. 3d 82, 85-86. The motion must be accompanied by a declaration stating facts show...

Excerpt: ... M.D., Congress Medical Associates, Inc., and Congress Medical Surgery Center, LLC for dangerous condition of public property, common carrier liability, and negligence (including medical malpractice and government liability). LEGAL STANDARD CCP § 473(a)(1) provides, in relevant part: “The 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...

Excerpt: ...int. On May 1, 2017, plaintiff filed a Second Amended Complaint. Plaintiff alleges that defendant was negligent in having plaintiff evacuate a train that broke down by using a step ladder, instead of a harness, because plaintiff uses a walker, and that she sustained injuries as a result. LEGAL STANDARD Actions in which the amount in controversy is $25,000 or less are classified as limited jurisdiction cases. CCP § 86(a)(1). CCP § 403.040 provid...

Excerpt: ... Special Interrogatories (7) Motion to Compel Responses to Demand for Production (8) Motion to Have Requests for Admission Deeming Matters Admitted The court considered the moving papers. BACKGROUND On May 23, 2017, plaintiff Annette Rubin and Jonah Rubin, a minor by and through his guardian ad litem, Stuart Rubin, filed a complaint against defendant Zoe Otedola for negligence and negligence per se based on a motor vehicle accident that occurred ...