Excerpt: ...nt of Entire Case on October 26, 2015. Before the settlement was executed, Plaintiff Ponstella Everson on November 12, 2015 became deceased as a result of an unrelated matter. (Plaintiff's Declaration for OSC Re: Dismissal filed 9/25/2017, Good Decl. ¶ 4.) Based upon the Notice of Settlement, the Court issued on 8/25/17 an OSC Re: Dismissal for 9/27/2017. The OSC hearing is scheduled for 3/7/2018. (See Minute Order filed 2/9/18.) ANALYSIS Legal ...

Excerpt: ...ive order may be filed “by a party or other affected person.” (CCP § 2017.020(a)). “The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions: (1) That the deposition not...

Excerpt: ...employee of a party to attend and to testify…” (CCP §2025.280.) If, after service of a deposition notice, a party or party-affiliated deponent fails to appear or to proceed with the examination without having served a valid objection, the party noticing the deposition may move for an order compelling the deponent's attendance and testimony. (CCP §2025.450(a).) On May 11, 2017, Defendants noticed the deposition of Plaintiff for September 12,...

Excerpt: ...own 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) 111 Cal. App. 3d 902, 905-906. On October 16, 2017, Dahiya served Special Interrogatories, Set Two on Plaintiff. (Fierro Decl. ¶1, Exh. A.) Plaintiff's responses to Special Interrogatories, Set Two were due on or before November ...

Excerpt: ...n was granted by this Court on February 21, 2018. Additionally, Plaintiffs' counsel contends in their opposition, that they have been amenable to <01b5019a0003015a010201 01b50176019001b50110Lcessful in contacting Plaintiff Nathan Phillips. In light of the foregoing, Defendants' Motion to Compel Plaintiff Nathan Phillips' Deposition; <0176011a0003005a011e01 018c00030057018c017dLduction is GRANTED. Plaintiff Nathan Phillips is ordered to produce re...

Excerpt: ...�If, after service of a deposition notice, a party to the action…without having served a valid objection under Section 2025.410, fails to appear for examination…the party giving the notice may move for an order compelling the deponent's attendance and testimony...” (Code Civ. Proc., § 2025.450(a).) “If that party … then fails to obey an order compelling attendance, testimony, and production, the court may make those orders that are...

Excerpt: ... sought to be consolidated, with the lowest numbered case shown first; and <0057005200030045004800 00470044005700480047>. (2) The motion to consolidate: (A) Is deemed a single motion for the purpose of determining the appropriate filing fee, but memorandums, declarations, and other supporting papers must be filed only in the lowest numbered case; (B) Must be served on all attorneys of record and all non-represented parties in all of the cases sou...

Excerpt: ...as operating her rental vehicle at the airport in Cabo San Lucas during a business trip related to and on behalf of defendant [NP]. Defendant…so carelessly and negligently operated her rental vehicle in such a manner as to cause it to move forward while the Plaintiff was partly in and partly out of the passenger side of the vehicle, causing the vehicle to collide with and drag the Plaintiff, which caused Plaintiff to sustain physical injuries a...

Excerpt: ...s (“Enterprise”), Whitney Shen Wen Lu (“Lu”) and Does 1 through 25 for motor vehicle and general negligence. The complaint in relevant part alleges that on June 16, 2015, Plaintiff was involved in a motor vehicle collision caused by Lu, who was operating a vehicle owned and entrusted by Ean and Enterprise. (Complaint p.4 MV-1, MV-2 and p.5. GN-1.) Ean and Enterprise (jointly the “Moving Party”) demur to the complaint on grounds that t...

Excerpt: ...led to make a timely response. Surprise occurs when a Defendant is unexpectedly placed in a position to his injury without any negligence of his own. Excusable neglect is a basis for relief when the Defendant has shown some reasonable excuse for the default. Credit Managers Association of California v. National Independent Business Alliance (1984) 162 Cal.App.3d 1166, 1173.; and Davis v. Thayer (1980) 113 Cal.App.3d 892, 905. Defendant avers that...

Excerpt: ...serted a cause of action for professional negligence by a healthcare provider against Defendant Lesin. Plaintiff alleges that she presented to Lesin on December 8, 2015, complaining of pain to her left wrist which she injured in a slip and fall accident. (Complaint, ¶ 24). Lesin took an x-ray of her left wrist, told her there was no break, and put her left wrist in a cast. (Id., ¶ 25). Plaintiff returned to Lesin on December 15, 2015, at which ...

Excerpt: ...ourt, upon motion reasonably made by the party…may make an order quashing the subpoena entirely, modifying it or directing compliance with it…including protective orders.” “The court may make any other order as may be appropriate to protect the parties, the witness, or the consumer from unreasonable or oppressive demands including unreasonable violations of a witness's or consumer's right of privacy.” CCP §§ 1987.1, 1985.3. Either the...

Excerpt: ...ted. (MC‐351, MC‐355). Petitioner Claudia Rodriguez's Petition to Approve Compromise of Pending Action for Minor Vanessa Rodriguez is GRANTED, with reduced costs. The Court previously reviewed and heard the petition on January 18, 2018 and found the settlement to be reasonable. However, the Court continued the hearing to allow Counsel to provide further declaration and documentation to substantiate the following costs: (1) “administration f...

Excerpt: ...0480003>Minor's Compromise (MC-350) in pro per. The Compromise was for $15,000. The hearing for the Petition for Minor's Compromise was set for November 17, 2017 and was continued four times because Plaintiff Keyshaun Oglesby was not represented by counsel. On December 12, 2017, Steven Gambardella substituted in as counsel for Plaintiff Keyshaun Oglesby. On January 25, 2018, the Court found that the Petition filed by Jolena Oglesby was invalid be...

Excerpt: ... Defendants served the Custodian of Records for Cedars-Sinai Medical Center seeking all medical records, billing records, and x-rays and imaging records from October 2, 2015 to the present. Plaintiff now moves to quash the subpoenas. Analysis Code of Civil Procedure section 1987.1 provides that “if a subpoena requires the attendance of a witness, or the production of books, documents, electronically stored information, or other things before a ...

Excerpt: ... personal appearance and production of documents and things by personal service on December 19, 2017, approximately two weeks prior to the scheduled deposition on January 4, 2018. (See Jolly Decl., Ex. A.) The subpoena indicated the time and place and set forth the case, rights and duties, and penalties for disobedience of the deposition subpoena. (See id.) Defense counsel's assistant was contacted by a female named “Vera” on December 20, 201...

Excerpt: ...ry trial of damage questions. Trickey v. Superior Court of Sacramento County, 252 Cal. App. 2d 650, 653 (Cal. App. 3d Dist. 1967). “Whether separate actions shall be considered for trial or whether there shall be a severance and separate trials of issues in a single action is matter within the discretion of the trial court.” McArthur v. Shaffer (1943) 59 Cal.App.2d 724, 727. This is a TRIAL COURT issue for the trial judge to determine. Defend...

Excerpt: ...ral damages, medical and incidental damages, special and incidental damages, lost earnings, lost earning capacity, pre-judgment interest, cost of the suit, attorneys' fees, and further relief as the court may deem proper. Plaintiff was trying to enter a building at defendant's college. Two unknown males were exiting the building and forcefully pushed the doors open, striking plaintiff in her left knee. Plaintiff fell and allegedly sustained injur...

Excerpt: ...at any liability on its part is passive when compared to the active negligence of Defendant Pride Towing as Plaintiff's insured's vehicle was stolen when it was left unattended and unlocked with the keys inside by Defendant Pride Towing. (See id., ¶¶ 4-5.) Ted Jones Ford asserts that this settlement was negotiated openly and fairly between Plaintiff and Ted Jones Ford and that there has been no improper collusion or conspiracy against any other...

Excerpt: ...he hearing on the demurrer was initially continued to December 7, 2017 because Basyro failed to meet and confer as required by CCP § 430.41. However, the demurrer became moot when Plaintiff filed a first amended complaint (“FAC”) on November 3, 2018. This is a dog bite case in which Plaintiff alleges that he was attacked and injured by a dog that jumped out of a vehicle belonging to Master Dog Training which is a business owned by Basyro. (F...

Excerpt: ...arate Statement A motion to quash production of documents at a deposition must be accompanied by a separate statement setting forth the particular documents or demands at issue and the factual and legal reasons why production should not be compelled. C.R.C. 3.1345(a)(5). Defendant failed to provide a separate statement with the motion. Timeliness Defendants were required to file this motion five days before the date set for deposition. C.C.P. <00...

Excerpt: ... proper deposition notice “is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify…” (CCP §2025.280.) If, after service of a deposition notice, a party or party-affiliated deponent fails to appear or to proceed with the examination without having served a valid objection, the party noticing the deposition may move for an order compelling the ...

Excerpt: ...uding any party to the action. (CCP §2025.010.) Service of a proper deposition notice “is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify…” (CCP §2025.280.) If, after service of a deposition notice, a party or party-affiliated deponent fails to appear or to proceed with the examination without having served a valid objection, the party ...

Excerpt: ...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…” CCP § 473(b) (emphasis added). “The six-month time limit for granting relief under section 473 is jurisdictional and relief cannot be granted under section 473 if the application for such relief is instituted more than six months after the entry of the j...

Excerpt: ... court's leave. CCP § 428.50(b). There are no compulsory cross- complaints against parties other than plaintiff. Leave of court may be granted “in the interest of justice” at any time during the course of the action. CCP § 428.50(c). A defendant can file a cross-complaint against a third person not yet a party to the action only if the cause of action asserted “(1) arises out of the same transaction, occurrence, or series of transactions ...