Excerpt: ... filed nine court days before the hearing, in this case, by June 14, 2018. Cal Code Civil Procedure § 1005(b). Regardless, Plaintiff has established prejudice by the late service of the opposition as Plaintiff could not file a substantive reply. See Plaintiff's Request to Strike 3:10-11. Therefore, any late-filed opposition is stricken. Cal Code Civil Procedure § 436. 2. The court can quash the subpoenas or issue a protective order to protect t...

Excerpt: ...”) and Does 1 to 20 alleging a cause of action for negligence/premises liability. The complaint includes a prayer for punitive damages. The complaint alleges that on April 4, 2017, Plaintiff was injured when he fell due to an unsafe condition consisting of broken metal frames on a sidewalk owned, maintained, controlled, managed and supervised by the defendants. (Complaint ¶¶ 6-8.) On April 26, 2018, City filed a demurrer and a motion to strik...

Excerpt: ...t infliction of emotional distress and (3) negligent hiring, training and supervision. On April 18, 2018, Plaintiff filed an amendment to the complaint by naming Albertson's LLC (“Albertson's”) as Doe 1. The complaint alleges that on February 26, 2016, while on premises owned and controlled by Albertsons Companies LLC, Plaintiff was injured when a thief who had escaped from a security guard knocked Plaintiff to the ground thereby causing her ...

Excerpt: ...ympic Chiropractic (“Olympic”) and Does 1 to 50 alleging causes of action for (1) professional negligence, (2) medical battery and (3) loss of consortium. The complaint alleges the following: 1) On February 27, 2017, plaintiff Ashley Lee went to Olympic for chiropractic treatment for her neck, shoulder and arm. (Complaint ¶¶ 8, 12); 2) Camarillo, who is a chiropractor and works at Olympic treated plaintiff Ashley Lee. (Id. ¶¶ 1 and 8, 12)...

Excerpt: ...red. Defendant has to show “excused inability” to obtain discovery despite “diligent efforts.” Defendant has not met that burden. Cal Rules of Court 3.1332(c)(6); Declaration of Vi Thomas. Consequently, the Court will continue the trial for less than the six month date requested. Trial is continued to November 9, 2018 @ 8:30 a.m. The FSC is continued to October 25, 2018 @ 10:00 a.m. All discovery and motion cut off dates will track the ne...

Excerpt: ...pert disclosure cut-off dates would be based on the continued trial date of 5/22/18. On 4/24/18, the court granted Plaintiff's former counsel's motion to withdraw. The trial was also continued to 8/21/18. The court's order does not mention a continuance of all discovery cut-offs. Therefore, discovery cutoff ended on 4/23/18, (4/22/18 was a Sunday) which is 30 days before the last trial date of 5/22/18. Cal Code Civil Procedure § 2024.020(a). Mot...

Excerpt: ...intiff without leave of court provided the examinations are not painful, protracted, or intrusive and is conducted within 75 miles of Plaintiff's residence. Code Civ. Proc., § 2032.220. Defendant can move to compel compliance where Plaintiff fails to submit to an examination. Defense counsel attempted to meet and confer by email dated 5/10/18 after Plaintiff failed to appear at a scheduled examination. Motion, Ex. D. Declaration of Danielle Mitt...

Excerpt: ...rom unreasonable or oppressive demands including unreasonable violations of the right of privacy. Cal. Code Civ. Proc. §1987.1. The parties do not appear to dispute production of the billing records pertaining to the treatment of Plaintiff by Olympia for injury relating to this action. Motion, Ex. A, Paragraph 1 of Attachment 3 to the subpoena. Olympia discloses it has already produced the UB-04 Claim Form and its itemized bill for the services ...

Excerpt: .... The court's file reflects that the moving party is the only Defendant who answered the complaint. The court also imposes monetary sanctions of $240.00 against Plaintiff for misuse of the discovery process. Cal Code Civil Procedure §2023.030(a). Moving party is ordered to give notice. ...

Excerpt: ...rocedure §36(a). The motion can be supported by an affidavit of counsel based on information and belief “as to the medical diagnosis and prognosis” of any party. Cal Code Civil Procedure § 36.5. The declaration of Plaintiff's counsel is, therefore, admissible to support the motion. The declaration is insufficient, since it contains no information “as to the medical diagnosis and prognosis” of Plaintiff. Declaration of Patrick Gunning. A...

Excerpt: ... and confer by sending a letter requesting a new date for Plaintiff's deposition, as Plaintiff was not available on 3/9/18. Cal. Code Civ. Proc. 2025.450(b)(2). Motion, Ex. B. Plaintiff did not respond. Flores Declaration ¶ 10. 2025.450(b)(2). Plaintiff contends she has “discovery priority” given that Plaintiff first served notices of taking the deposition of Defendant's person most knowledgeable beginning on 10/27/17. Declaration of Khaksho...

Excerpt: ...36(a). 2. The motion can be supported by an affidavit of counsel based on information and belief as to the medical diagnosis and prognosis of any party. The declaration of Plaintiff's counsel is, therefore, admissible to support the motion. Code Civ. Proc., § 36.5 3. Plaintiff has shown that her health coupled with her advanced age requires a preferential setting to avoid prejudicing her interests in this slip-and-fall action. Plaintiff suffers ...

Excerpt: ...f alleges he suffered injury after he fell from monkey bars on 10/30/15, while on Defendant's premises. Complaint ¶ 1. Plaintiff alleges the monkey bars were negligently, carelessly, and reckless designed, constructed, inspected, and maintained. Complaint, ¶ 16. Plaintiff also alleges that Defendant breached its duty of care by failing to supervise Plaintiff. Complaint ¶ 17. Plaintiff alleges that the area lacked adequate fencing, was inadequa...

Excerpt: ...ct to cutoffs, the court's order states: “Only discovery deadline extended by the new trial date is discovery currently pending, including Plaintiff's deposition. Other non-discovery deadlines based on the new trial date.” Defendants Opposition to Plaintiff's Motion, Ex. A. Therefore, these motions are timely since the second session of Plaintiff's deposition was pending at the time of the hearing. 2. The court can issue a protective order wi...

Excerpt: ...ident site after Plaintiff's accident and signed the sweep sheet. Motion Ex. 5, 45:4-7, 60:10-14. Mr. Campos, counsel for Defendant, offered February 1, 6, 8, or 14. Motion, Ex. 7. Accordingly, on 1/26/18 Plaintiff served a Notice of Taking Deposition of Mr. Reighley, set for 2/14/18. Motion, Ex. 8. On 2/9/18 Defendant's counsel sent email canceling the deposition and informing that Mr. Reighley could be produced for deposition after 4:00 p.m...

Excerpt: ...to reflect the true facts as the new pleading is properly captioned Second Amended Complaint. Cal Code Civil Procedure § 436. 1. Leave to amend is permitted at the court's discretion upon any terms that may be just. Cal . Code Civ. Procedure Sec. 473. The statute is liberally construed to permit amendment of the pleadings. Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760. If the motion is timely made, and the granting of the motion will...

Excerpt: ... an over-the-road trucker who came to TTI on 6/9/16 to retrieve a container from TTI's container yard. The rig was being driven by K. Duncan, who collided with a chassis attached to Plaintiff's tractor. UF 7. 2. To the extent Plaintiff claims that HTEC is liable for failing to maintain the utility tractor rig in good condition, the undisputed facts establish that HTEC did not possess or control the utility tractor rig operated by Mr. Duncan that ...

Excerpt: ...oduce witnesses for depositions and to “produce the operating room logs, including L&D O.R. los by 3/3/2018, alternatively, if no such responsive documents are in Defendant's possession, custody or control, Defendant will serve a code-compliant response to Request <0003001000910096008b00 000401e4> Defendant did not comply with the court's order after Plaintiffs attempted to resolve the matter informally. Declaration of Bruce Fagel, ¶ 5, 6. The...

Excerpt: ...ion. Cal. Code Civ. Proc. § 2025.420(b)(1). (a) Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order. The motion shall be accompanied by a meet and confer declaration under Section 2016.040. (b) The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization fro...

Excerpt: ...6-#8. Sustained. 2. The undisputed facts establish the complaint arises out of a fall that occurred on 5/21/16 at an orchard where Plaintiff claims she was on a ladder, and the ladder slid out from under her. UF 1, 5. Plaintiff was volunteering through Defendant Food Forward, Inc. at the property at the time of the incident. UF 4. Defendant made a metal tripod orchard ladder available to her. UF 6, 7. Defendant argues Plaintiff signed a release c...

Excerpt: ...L door operator installed on the elevator at issue in this action. UF 1.2. Plaintiffs' decedent, Frank Jason Barrile, was a skilled elevator construction/conveyance mechanic with profession qualifications. UF 1.6. Decedent was sent by his employer on 11/6/14 to adjust the doors on the elevator at Rexford Manor. UF 1.12. Later that day, decedent's electrocuted body was found on top of the elevator car at Rexford Manor. UF 1.13 There is no dispute ...

Excerpt: ...� Apleton v. Superior Court (1988) 206 Cal.App.3d 632, 635-36. There is no opposition showing substantial justification for the failure to provide verified responses. The court imposes total sanctions of $407.50 for both motions against Plaintiff and counsel for the failure to provide verified responses to authorized methods of discovery, which constitutes discovery abuse. Cal Code Civ Procedure § 2023.010(a)(4). Moving party is ordered to give ...

Excerpt: ...lure to Warn 3. Strict Products Liability 4. Breach of Express and Implied Warranties Specifically, Plaintiff alleges that on 6/26/16, she was using an Elite Bistro by Maxi-Matic 8 quart digital pressure cooker, model number EPC-808P. Complaint ¶ 8. Plaintiff alleges that Defendant created, designed, marketed and distributed the product and its components that were dangerous and defective and that Defendant failed to warn of the dangerous and de...

Excerpt: ... transaction or occurrence as the cause against the moving party alleged in the complaint. Cal Code Civil Procedure § 428.10(b). Here, the proposed Cross-Complaint arises from Plaintiff's complaint filed on 6/23/17 in this action. Motion, Ex. B, 2:14-16. Leave to file “any other Cross-Complaint” (not filed against any other parties) may be filed with leave of court in the interest of justice at any time during the course of the action before...

Excerpt: ...th 403, 431. In order to impose liability on the owner for injury arising from a dangerous condition, “it must be shown that a dangerous condition existed and that the defendant knew or should have known of it. … No inference of negligence arises based simply upon proof of a fall upon the owner's floor.” Vaughn v. Montgomery Ward & Co. (1950) 95 Cal.App.2d 553, 556. Additionally, the Plaintiff must show that the landowner or occupier ha...