Excerpt: ...t, the Court ordered Plaintiff to produce all outstanding discovery, without objections, on or before June 17, 2019, per the Court's <0058004800470003005700 004c0051004a00030057[o June 25, 2019, at 1:30 p.m. The Court informed Plaintiff's counsel that the Court's tentative will issue on that date unless there is full compliance with the Court's order. However, the Court provided notice that even if Plaintiff complies with the Court's order of Feb...

Excerpt: ...ed and fell on the blacktop area outside the locker room and cut his finger on broken glass. Defendant moves for summary judgment on Plaintiff's complaint. Plaintiff used a form complaint to assert causes of action for “premises liability” and “negligence,” though the complaint cites Government Codes 815.2 and 835, among others. Section 815 provides that “[a] public entity is not liable for an injury, whether such injury arises out of a...

Excerpt: ...��Airport Connection”) and driven by Defendant Patrick Carroll (“Carroll”). Plaintiffs allege that Carroll unnecessarily slammed on the brakes while driving, causing serious injuries to Michael. Plaintiffs move for leave to add a claim for battery and a prayer for punitive damages against Carroll. Plaintiffs also seek to add allegations of negligent hiring, retention, supervision, and training allegations, as well as a prayer for punitive d...

Excerpt: ...iff Jungkook Lee (“Plaintiff”) to cut door frames for the project, and Plaintiff sustained injuries while doing so. Plaintiff filed this action against Defendants and Kim, asserting causes of action for negligence and premises liability. Defendants now move for summary judgment, which Plaintiff opposes. The motion is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issu...

Excerpt: ...at he was a passenger on a train that jerked strongly. Plaintiff asserts causes of action for negligence and negligent infliction of emotional distress. Plaintiff alleges that he suffered mental and emotional distress, sleeplessness, diarrhea, nightmares, worry, pain, and suffering. (First Amended Complaint, at p.3.) Defendant demurs to Plaintiff's first amended complaint. The demurrer is sustained with leave to amend. Defendant also moves to str...

Excerpt: ...y judgment, which Plaintiff does not oppose. The motion for summary judgment is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law . . . . There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party ...

Excerpt: .... Johannessen and Johannessen Construction Company (“Defendants”) were performing construction work at the house at the time of Plaintiff's accident. In their answer, Defendants asserted an affirmative defense of waiver. Defendants have a pending motion for summary judgment, in which Defendants contend that Plaintiff expressly released her claims. Plaintiff seeks leave to amend to add allegations of gross negligence against Defendants in orde...

Excerpt: ...dent's successor-in- interest. Plaintiff alleges that Decedent died while Plaintiff and Decedent were staying at a homeless shelter, because the shelter did not provide a crib for Decedent. Plaintiff asserts causes of action for wrongful death, negligent infliction of emotional distress, dangerous condition of public property, and survivorship against the County of Los Angeles (“Defendant”). Defendant now demurs to the complaint and moves to ...

Excerpt: ...ng a cause of action for medical malpractice following the death of Thomas Fernando (“Decedent”). Defendants moved for judgment on the pleadings on May 7, 2019, and the motion was served on Plaintiffs' counsel by mail. However, on May 9, 2019, Plaintiffs filed a substitution of attorney form designating them as self- represented Plaintiffs. It is unclear whether Plaintiffs were served with the motion or knew about the hearing date of June 20,...

Excerpt: ...fendant 24 Hour Fitness United States, Inc. (“Defendant”). Defendant moves for summary judgment on Plaintiff's first amended complaint, which Plaintiff opposes. The motion is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law . . . . There is a triable issue of material fact if, and only if, the ...

Excerpt: ...wned and operated by Defendant Mastro's Restaurants, LLC (“Defendant”). Plaintiff asserts a cause of action for premises liability against Defendant, alleging that Defendant “failed to use reasonable care to protect Plaintiff from the harmful conduct of Defendant [Crabtree], which Defendant [ ] should have reasonably anticipated.” (Complaint, at p.8.) Defendant now moves for summary judgment on Plaintiff's complaint, which Plaintiff oppos...

Excerpt: ...ts move to trifurcate trial into three phases: a determination on the issue of negligent entrustment; a determination on liability; and a determination of damages. Plaintiff opposes the motion. The motion is denied without prejudice. LEGAL STANDARD Under Code of Civil Procedure section 598, “The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby ....

Excerpt: ... (“Castaneda”) (collectively, “Defendants”) move to strike the punitive damages allegations in the complaint. In the complaint, Plaintiff Nicole Dembowich (“Plaintiff”) alleges that she is a resident of the Eaves and was attacked by a dog owned by another resident, co-Defendant Socrates Flores (“Flores”). Plaintiff alleges that Lucero was the property manager and Castaneda was the property/community coordinator. Now, Defendants mo...

Excerpt: ...ndants Roberto Carillo and Jailene Melchor-Leon (collectively “Defendants”) on January 18, 2019, alleging that they suffered injuries following an automobile collision that occurred on or about January 1, 2017. Plaintiffs assert causes of action for negligence and negligence per se. Defendants now demur to the complaint on the grounds of the statute of limitations. In the alternative, Defendants demur to the second cause of action, negligence...

Excerpt: ...owney Unified School District (“Defendant”) served subpoenas for medical records on the following providers: (1) Kaiser Foundation Hospital/SCPMG ROI Unit, (2) Kaiser Foundation Hospital/SCPMG-Bills, (3) Kaiser Foundation Hospital-Films, and (4) Central Valley Medical Corp. (collectively the “Medical Providers”). Defendant seeks all medical records without limitations, though Defendant subsequently agreed to limit the scope to the five-ye...

Excerpt: ...California (“Blue Shield”) by Defendants Garo and Rima Mardirosian (collectively “Defendants”). The subpoena seeks all medical and insurance records without limitation. Defendants oppose the motion to quash. The Court grants the motion by limiting the subpoena to exclude all OB-GYN and reproductive health records, as well as any mental health and cosmetic surgery records. The Court also grants the motion by limiting the subpoena to record...

Excerpt: ...Plaintiff obtained medical treatment at Edwards Air Force Base Health Clinic (the “Edwards AFB Health Clinic”). Defendant previously moved to compel Edwards AFB Health Clinic to comply with a deposition subpoena for Plaintiff's records. The Court denied the motion but noted that Defendant may issue a subpoena directly to Plaintiff for the records since he presumably has custody or control over his own medical records. Defendant did not do so....

Excerpt: ...Congress Medical Associates (“Congress”). The motion is denied. In determining whether to re-open discovery, the Court must consider the necessity of and reasons for the additional discovery, the diligence or lack thereof by the party seeking to reopen discovery in attempting to complete discovery prior to the cutoff, whether permitting the discovery will prevent the case from going forward on the trial date or will otherwise prejudice any pa...

Excerpt: ... Plaintiff moves to quash Defendant's deposition subpoenas served on medical providers: (1) Santa Monica Oral & Maxillofacial Surgery; (2) Prime Medical; (3) Sherwin Arman, D.M.D.; and (4) Niguel Coast Oral & Facial Surgery. The subpoenas request all medical records about Plaintiff without limitation. (Declaration of Jonathan D. Roven, Exhibit 1.) The motion is granted as to an order modifying the subpoenas to exclude OB-GYN and reproductive heal...

Excerpt: ...itioner seeks to permit Claimant's counsel to recover forty percent of the proceeds in this matter. The Court considers that sum unreasonable given the nature of the work on this case, so the Court is inclined to reduce these fees. (See Cal. Rules of Court, rule 7.955, subd. (a); Fam. Code, § 6602; Prob. Code, § 3601.) The Court is inclined to reduce the fees from $120,000 (which is 40% of the settlement) to $90,000 (which is 30% of the settlem...

Excerpt: ...ood faith. Plaintiff seeks $50,000 from the accident, and Uber has agreed to settle for $7,500. Defendants Artem Avetisyan, SLS Car Service, Inc., and Edward Ovsepyan (the “Objecting Defendants”) oppose the motion. The motion is granted. In Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, the California Supreme Court set forth the factors to consider when determining whether a settlement is made in good faith. The Tech-Bil...

Excerpt: ...s that he developed subcutaneous emphysema (the presence of air in the tissue beneath the skin) and pneumomediastinum (the presence of air in the mediastinum) after Defendant attempted, and later aborted, an extraction of Plaintiff's wisdom tooth. Defendant moves for summary judgment on Plaintiff's complaint. Plaintiff opposes the motion. The motion is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasi...

Excerpt: ...ember 17, 2019. Plaintiff Martha Lopez (“Plaintiff”) opposes the motion. In determining whether to re-open discovery, the Court must consider the necessity of and reasons for the additional discovery, the diligence or lack thereof by the party seeking to reopen discovery in attempting to complete discovery prior to the cutoff, whether permitting the discovery will prevent the case from going forward on the trial date or will otherwise prejudi...

Excerpt: ...a motor vehicle collision. Defendants move to compel Plaintiff to submit to a physical examination by Reynold Rimoldi, M.D. (“Dr. Rimoldi”). LEGAL STANDARD 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 entitled to one physical examination of the plaintiff in a personal injury ...

Excerpt: ...� collectively, “Defendants”) for medical malpractice. Plaintiff contends that Dr. Aazami failed to timely diagnose her cancer. Dr. Aazami treated Plaintiff at 101 Family, and Plaintiff contends 101 Family is liable for Dr. Aazami's negligence. Defendants move for summary judgment on Plaintiff's complaint for medical malpractice. The unopposed motion is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of per...

Excerpt: ..., food, etc.). Judge Goorvitch does not have a close, personal relationship with Mr. Girardi that would require recusal under the California Code of Judicial Ethics and believes that he can be fair and impartial in all matters handled by Girardi & Keese. RULING Plaintiffs Ripsime Yesayan and Haykaz Shimshiryan (“Plaintiffs”) move to set aside the dismissal the Court entered on February 26, 2019, per Plaintiffs' request. Defendant Ronald S. Wu...

Excerpt: ...eles, LLC (“Defendants”) owned. Defendants demur to Plaintiff's complaint, and Plaintiff opposes the demurrer. The demurrer is overruled. LEGAL STANDARD “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.)...

Excerpt: ...ts Learning Center, Inc. (“Defendant”). Defendant moves for summary judgment on Plaintiff's complaint, and co- defendant Aundre Cummings joins in the motion. The motion is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law . . . . There is a triable issue of material fact if, and only if, the evi...

Excerpt: ... (“Defendant”), based on injuries she sustained when two players in an adult soccer game crashed into her while she stood on the sidelines. Defendant moves for summary judgment on Plaintiff's complaint, or, in the alternative, summary adjudication of issues. The motion is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to ...

Excerpt: ...ndant David Forson was driving on behalf of Defendant Lyft, Inc. (“Defendant”). Defendant demurs to the fifth cause of action for fraud in the first amended complaint and moves to strike the prayer for punitive damages therein. Plaintiff opposes the demurrer and motion to strike. The demurrer is sustained with leave to amend, and the motion to strike is granted. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficie...

Excerpt: ...stained while riding on Defendant's shuttle in his wheelchair. Plaintiffs move the Court for an order granting trial preference per Code of Civil Procedure section 36, subdivision (a). The motion is denied. LEGAL STANDARD Per Code of Civil Procedure section 36, subdivision (a), “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following find...

Excerpt: ... on Defendant's lot while walking in an asphalt roadway adjacent to a gutter. Defendant moves for summary judgment, which Plaintiff opposes. The motion is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would allow a reason...

Excerpt: ...preference per Code of Civil Procedure section 36, subdivision (a). The unopposed motion is denied. LEGAL STANDARD Per Code of Civil Procedure section 36, subdivision (a), “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: [¶] (1) The party has a substantial interest in the action as a whole. [¶] (2) The health of the pa...

Excerpt: ...rip and fall accident. Defendant demurs to Plaintiff's first amended complaint. Plaintiff opposes the demurrer.[1] The demurrer is overruled. LEGAL STANDARD “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.)...

Excerpt: ...he complaint, Plaintiff Sylvia Jones (“Plaintiff”) alleges she slipped and fell at a store that Defendants owned and operated. The motion to strike the punitive damages allegations and prayer for attorneys' fees is granted with leave to amend. 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, ru...

Excerpt: ...euer: (1) $100 to Mr. Feuer's 2008 campaign for the 42nd Assembly District on or about November 9, 2007; (2) $100 to Mr. Feuer's 2010 campaign for the 42nd Assembly District on or about October 19, 2010; and (3) $100 to Mr. Feuer's 2013 campaign for Los Angeles City Attorney on or about May 30, 2012. Judge Goorvitch has no personal relationship with Mr. Feuer and has had no communications with Mr. Feuer since he became the City Attorney. The Cour...

Excerpt: ...y 11, 2017. Plaintiff moves to quash or limit subpoenas for Plaintiff's educational records that Defendants served on Addison Trail High School (which she attended in 2009 to <004800470003004c005100 00030015001300140016>). The subpoenas seek all of Plaintiff's records, including academic and health records. Defendants oppose the motion, which is granted. LEGAL STANDARD If a subpoena requires the production of documents, the court may quash the su...

Excerpt: ...rdi for the fair market value of anything received (e.g., food, etc.). Judge Goorvitch does not have a close, personal relationship with Mr. Girardi that would require recusal under the California Code of Judicial Ethics and believes that he can be fair and impartial in all matters handled by Girardi & Keese. BACKGROUND Plaintiff Alice Difuentes (“Plaintiff”) filed this action against Defendants Brian D. Solberg, M.D., Brian D. Solberg, Inc.,...

Excerpt: ... exchange expert witness information on July 13, 2018. Plaintiff did not designate any expert witnesses in response. Plaintiff moves for leave to designate expert witnesses. Defendant opposes the motion. The motion is denied. LEGAL STANDARD Per Code of Civil Procedure section 2034.710 provides, “On motion of any party who has failed to submit expert witness information on the date specified in a demand for that exchange, the court may grant lea...

Excerpt: ...owing an automobile accident. Default was entered against Defendant Ishkan Amirkhanyan (“Defendant”) on March 13, 2019. On April 18, 2019, Defendant filed a motion for an order setting aside default pursuant to Code of Civil Procedure Section 473(b), on grounds of mistake, inadvertence, surprise, or excusable neglect on the part of Defendant's counsel. LEGAL STANDARD “The court may, upon any terms as may be just, relieve a party of his or h...

Excerpt: ...Stephen I. Goorvitch. BACKGROUND On December 4, 2018, Plaintiff William Miller filed a complaint against three Los Angeles County Superior Court Judges: Ray Santana, Jon Takasugi, and Ronald Frank (collectively, “Defendants”). The complaint includes no factual allegations and merely alleges that Plaintiff, as a “natural man with unalienable rights” was injured by a “trespass, injury, or harm” committed upon him by Defendants, who Plai...

Excerpt: ...way, breaking an untampered glass sliding door, on the premises owned and maintained by Defendants Robin Budd and Jeffrey Waid (“Defendants”). On October 29, 2018, Defendants made an offer of $10,001, per Code of Civil Procedure section 998. Plaintiff did not respond by the deadline. Now, Defendants move for undertaking in the sum of $30,000.00.[1] Plaintiff opposes the motion. The motion is denied. LEGAL STANDARD “When the plaintiff in an ...

Excerpt: ..., personal injury, and negligence. On February 27, 2019, the Court granted Defendant's motions to compel responses to request for production of documents, form interrogatories, and special interrogatories. The Court ordered Plaintiff to serve verified responses within thirty (30) days of notice of the order. The Court also granted Defendant's motion to deem requests for admissions as admitted. The Court ordered Plaintiff to pay $960 in sanctions ...

Excerpt: ...owell, M.D. and Richard Bardowell, M.D., Inc., for medical negligence (on both direct and vicarious liability theories) and negligent infliction of emotional distress (on both a direct and bystander liability theories) in relation to the labor and delivery of Mia Scarlett Greco-Smith. Defendant, the hospital at which the delivery was performed, moves for summary judgment. The elements of medical malpractice are: “(1) the duty of the professiona...

Excerpt: ...good faith. This motion was set for March 29, 2019, but the Court had granted a motion by co-defendant Edward Ovsepyan's attorney to be relieved on March 1, 2019. Notice of the ruling was not given until March 21, 2019, and even then, notice was by mail. Therefore, the Court continued the hearing on this motion to ensure that Mr. Ovesepyan had notice and an opportunity to oppose this motion. No opposition has been filed. Therefore, the motion is ...

Excerpt: ...nty of Los Angeles, the Regents of the University of California, the State of California, and Dr. Waleed Doany, M.D. (collectively, “Defendants”). Plaintiffs assert causes of action for professional negligence (for wrongful life and wrongful birth), alleging that Defendants did not disclose the risk that Dareh Haghvirdi would be born with a genetic impairment or disability. Plaintiffs allege that they learned about Defendants' negligence on o...

Excerpt: ...as driving in the course and scope of his employment with Amazon.Com, Inc. (“Defendant”), among others. Specifically, Plaintiff alleges that he talked to Bermudez about not leaving packages outside the gate in his neighborhood when Bermudez suddenly drove off at high-speed, ran a stop sign, and ultimately ran him over. (Complaint ¶¶ 19.) Plaintiff filed a complaint on January 25, 2019, asserting causes of action for Negligence/Reckless Cond...

Excerpt: ...es that Defendant Milton S. Tafaoimalo (“Defendant”) negligently caused Plaintiff Stephen Graves's (“Plaintiff”) injuries. Defendant moves to compel Plaintiff to comply with Defendant's demand for an independent medical examination by an orthopedic surgeon that would be conducted over 75 miles from Plaintiff's residence in Las Vegas, Nevada. Plaintiff opposes the motion. The motion is denied. LEGAL STANDARD Where the physical condition of...

Excerpt: ...ical malpractice by negligently administering epidural injections on or about January 18, 2018, while Plaintiff was a patient at Cedars-Sinai Hospital (“Cedars-Sinai”). Plaintiff filed this action on November 2, 2018, and subsequently filed a first amended complaint on November 16, 2018. Plaintiff added Cedars-Sinai by way of a Doe amendment on February 28, 2019. Cedars-Sinai now demurs to the first amended complaint, arguing that Doe amendme...

Excerpt: ...edical Corporation (collectively, “Defendants”), following which there were complications. Plaintiff filed this action, asserting causes of action for professional negligence, lack of informed consent, and negligent hiring, training, and supervision. Now, Plaintiff has filed a motion styled as a motion to inspection of land, property, and tangible items. However, Plaintiff's statutory basis for the motion is a motion to compel further statute...

Excerpt: ... Feuer's 2008 campaign for the 42nd Assembly District on or about November 9, 2007; (2) $100 to Mr. Feuer's 2010 campaign for the 42nd Assembly District on or about October 19, 2010; and (3) $100 to Mr. Feuer's 2013 campaign for Los Angeles City Attorney <0056000300510052000300 000300550048004f0044>tionship with Mr. Feuer and has had no communications with Mr. Feuer since he became the City Attorney. The Court can be fair and impartial in this ma...

Excerpt: ...i, M.D. (“Defendant”), among others, asserting causes of action for medical malpractice and loss of consortium. Plaintiffs alleged Defendant failed to promptly diagnose a cancerous mass in Sarkis Pakroo's brain, causing severe and permanent vision loss. Defendant now moves for summary judgment or, in the alternative, summary adjudication of each cause of action. Defendant originally noticed the motion for hearing on March 20, 2019, but contin...

Excerpt: ...nts U.S. Renal Care, Inc. (“Renal Care”) and Care Line Transportation, Inc. (“Care Line”), asserting causes of action for general negligence and premises liability. On October 15, 2018, Plaintiff named Defendants Sevak Allahverdian (“Allahverdian”) and Logisticare Solutions, LLC (“Logisticare”) via Doe amendments. Care Line and Allahverdian (the “Moving Defendants”) now move for judgment on the pleadings, arguing that Plaintif...

Excerpt: ...y Defendants. On March 15, 2019, Plaintiffs moved to compel a report of the independent medical examination conducted by Defendants' retained expert, Dr. Tony Feuerman, on January 14, 2019. Since filing the motion, Defendants have produced the report. Therefore, this motion is denied as moot. Plaintiff seeks monetary sanctions against Defendants and their counsel-of-record in the amount of $2,370. The Court finds good cause not to impose sanction...

Excerpt: ...alleged only: “EAN Holdings must pay me for car accident on 11/29/16 2 eyars [sic] ago on Laurel Canyon [sic] Hollywood CA. I have big damage my car [sic] and X-RAY MRI and many bills and property damage. I want EAN Holding pay [sic] $30,000.” Defendant demurred to the Complaint on January 24, 2019. Before the Court could rule on that demurrer, Plaintiff filed a first amended complaint. The Court interpreted the demurrer as an answer to the f...

Excerpt: ...ability as a member of the country club. However, the Court (Lu, J.) denied summary judgment, finding that there was a triable issue whether Defendants were grossly negligent, in which case the waiver would not apply as a matter of law. Now, Defendants Clubcorp Braemar Country Club, Inc., Ryan Wingo, and Alex Fultz (“Defendants”) move to bifurcate the trial so that their affirmative defense of release and waiver be tried first. Plaintiff oppo...

Excerpt: ...ue of anything received (e.g., food, etc.). Judge Goorvitch does not have a close, personal relationship with Mr. Girardi that would require recusal under the California Code of Judicial Ethics and believes that he can be fair and impartial in all matters handled by Girardi & Keese. BACKGROUND Plaintiff Timothy V. Manning (“Plaintiff”) alleges that he was riding his bicycle when Defendant Robert C. Klein, driving a vehicle, collided with Plai...

Excerpt: ...actor Corp. (“Defendant Outsource”) following an automobile collision. Plaintiff now moves to compel Defendant Meeks' deposition, which Defendants oppose. Code of Civil Procedure section 2025.450(a) provides: “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, or to proceed with it, or to produce for inspection any document ...

Excerpt: ...kh, asserting causes of action for general and motor vehicle negligence, as well as “intentional tort.” Plaintiff prays for punitive damages in the complaint, which Defendants now move to strike. The motion is granted with leave to amend. LEGAL STANDARD Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code of Civ. Proc. § 435(b)(1); Cal. Rules of Court...

Excerpt: ...asserting causes of action for breach of contract, medical malpractice, intentional infliction of emotional distress, and fraud. Plaintiff alleges that she sought contraception from Defendant, who specializes in obstetrics and gynecology, because she does not wish to have children. (Complaint, at ¶ 11.) Plaintiff alleges that Defendant prescribed oral contraception, which Plaintiff “did not tolerate.” (Ibid.) Plaintiff alleges that Defendant...

Excerpt: ...dant PRN Ambulance, Inc. (collectively, “PRN Ambulance”). The ambulance collided with a bus that is owned and operated by Defendant Tommy Lee Harris and Defendant Union Rescue Mission (collectively, “Defendants”). Defendants move for summary judgment, arguing that PRN Ambulance caused the accident. Plaintiff has not opposed this motion, which is granted. LEGAL STANDARD “Code of Civil Procedure section 437c, subdivision (c), requires the...

Excerpt: ...nter her parked vehicle when she was struck by Defendant Los Angeles County Metropolitan Transportation Authority's (“LACMTA”) bus, driven by Defendant Rodriquez Gray (“Gray”) (collectively “Defendants”). Plaintiff filed this action on December 20, 2018. Defendants answered on February 28, 2019. Plaintiff, aged 89, now moves for trial preference, which Defendants oppose. The motion is granted. LEGAL STANDARD A party who is 70 years of...

Excerpt: ... <0003004700480053005200 00580045005300520048[na upon AT&T Mobility Wireless (“AT&T”) to produce certain telephone records of Marianne Perlitsh, a LAUSD employee, to determine whether she was distracted during the incident, in violation of LAUDS policy. Specifically, Plaintiff seeks Ms. Perlitsh's cell phone records for August 27, 2015, from 10:00 a.m. to 10:20 a.m. Plaintiff has now filed this motion to compel. Code of Civil Procedure sectio...

Excerpt: ...ties and is awaiting sentencing. (Brooke Decl. ¶ 2.) The motion is unopposed. On motion of a party, the Court may reopen discovery after a new trial date has been set. (Code Civ. Proc. § 2024.050(a).) Such motions must be accompanied by a meet and confer declaration. (Ibid.) The reopening of discovery is a matter that is committed to the trial court's sound discretion. (See CCP § 2024.050(b).) In exercising its discretion, the Court considers ...

Excerpt: ...ctions against Plaintiff, or in the alternative to compel responses for: (1) Special Interrogatories (“SROG”), set three, (2) Request for Admission (“RFA”), set two, (3) Request Production of Documents (“RPD”), set three, (4) Form Interrogatories (“FROG”), set two, and (5) Supplemental RPD, set one. Plaintiff has not filed an opposition, but moves for an order continuing the trial date to retain counsel, which Defendant opposes. T...

Excerpt: ...��) and requests sanctions in the amount of $2,216.98. Plaintiff's counsel filed a declaration, but Plaintiff does not oppose the motion. LEGAL STANDARD Pursuant to Code of Civil Procedure section 2025.450, if after service of a deposition notice, a party to the action, without having served a valid objection, fails to appear for examination, or proceed with it, or to produce for inspection any document, the party giving notice may move for an or...

Excerpt: ...ly, “Defendants”) after they were assaulted by another patron outside the bar on July 13, 2014, between 1:30 a.m. and 2:00 a.m. The following facts are undisputed: 1. Plaintiffs went to the bar to play pool and drink beer. (Plaintiff's Separate Statement of Undisputed Facts, ¶ 3.) 2. Plaintiff Coberly stepped outside to smoke a cigarette. (Id., ¶ 4.) 3. Antonio Rodriguez (“Defendant Rodriguez”), another patron, exited the bar after Plai...

Excerpt: ...ges as follows: Defendants negligently owned, maintained, managed, operated, and failed to maintain the sidewalk, including steel plates located thereon, at or near the intersection of Alondra Blvd. and Woodruff in the City of Bellflower. The steel plates were a dangerous condition for which Defendants failed to warn Plaintiff. The steel plates gave way, causing Plaintiff to trip and fall and sustain injury. (Complaint, at p. 4.) Plaintiff filed ...

Excerpt: ...llision with Defendants Ana Hildalgo Moreno and Lourdes Ortegonbaeza (“Defendants”). The complaint, filed October 1, 2018, alleges causes of action for motor vehicle and general negligence. Plaintiff moves to quash Defendant's deposition subpoenas served on the following medical providers: (1) Brentview Medical, (2) Medical Imaging Center of Southern California, (3) Western Podmed Clinic, (4) Interventional Spine Care & Regenerative Ortho, (5...

Excerpt: ... Defendant Lee Henderson who allegedly was driving in the scope of his employment for Defendant Estes Express Lines (collectively, “Defendants”) following an automobile accident. On November 21, 2018, Defendants filed a cross-complaint against Abubakkar for indemnification, apportionment of fault, and declaratory relief. Defendants filed the instant motion against Plaintiff on April 4, 2019, which Plaintiff opposes. The motion is denied. LEGA...

Excerpt: ...tomobile collision. Now, Plaintiffs move for terminating sanctions or, in the alternative, issue and evidentiary sanctions, against Defendants Chad Davis Wagenman and Elle Lara Davis-Wagenman (collectively “Defendants”) for spoliation of evidence because Defendants sold the vehicle involved the automobile collision at issue and deleting videos and photographs of the vehicles involved in the collision. Defendants oppose the motion. The motion ...

Excerpt: ...laintiff filed this action in the Los Angeles County Superior Court against Doe Defendants and eventually named Defendant Vortex Industries, Inc. (“Defendant”), as well as two other defendants. Plaintiff also filed an action against the U.S. Postal Service (the “USPS”) in the U.S. District Court for the Central District of California (Daughterty v. United States Postal Service (C.D. Cal., 2018, Case No. 2:18-cv-04738-PSG-(Ex)). Defendant ...

Excerpt: ...wood Health Care Center and Good Hope Home Healthcare, Inc. (“Defendant Good Hope”), alleging a claim for the wrongful death of Decedent Inez Manson (“Decedent”). Defendant Good Hope moves for an order compelling Non-Party In-Home Supportive Services (“IHSS”) to comply with the subpoena for documents served on IHSS. According to Good Hope, IHSS has refused to release the records sought “without express written authorization from Ms....

Excerpt: ...ng Defendant U-Haul Co. of California (“Defendant”) moves for an order quashing the service of process in this action. Defendant argues that the Court lacks jurisdiction over it because it was not properly served. LEGAL STANDARD Pursuant to Code of Civil Procedure section 418.10(a)(1), a defendant may move to quash service of summons on or before the last day to plead in response to the complaint or within such further time as the court may a...

Excerpt: ...1500 0003004d00580055005c[ returned a verdict in favor of Plaintiff in the amount of $71,000. On March 6, 2019, Plaintiff filed a memorandum of costs. On March 28, 2019, Defendant filed the instant motion to tax costs. No opposition has been filed. The Court grants the motion. LEGAL STANDARD Code of Civil Procedure section 1033.5 sets forth the costs recoverable by the prevailing party. To recover a cost, it must be reasonably necessary to the li...

Excerpt: ...rporation (“Defendant”). Defendant now seeks to compel the deposition of Plaintiff's husband, non-party Donald Belisle (“Belisle”). No opposition to this motion has been filed. The motion is granted. DISCUSSION Code of Civil Procedure section 1987.1(a) states, “[i]f a subpoena requires the attendance of a witness or the production of books, documents, or other things before a court, or at the trial of an issue therein, or at the taking ...

Excerpt: ... now moves to compel Defendant to provide further responses to the Request for Production, Set Two, which Defendant opposes. The Court grants the motion in part and denies the motion in part. A. Timeliness of the Motion Plaintiff filed this motion on January 11, 2019, when the trial date was set for February 27, 2019. The motion was filed before the motions cut-off, and given the volume of cases in the Personal Injury Hub, it often takes signific...

Excerpt: ...Defendant Gregg K. Nishi, M.D. (Plaintiff's Statement of Undisputed Facts, ¶ 2.) Plaintiff alleges that a small bowel perforation occurred during the operation, but it went undetected. Plaintiff developed abdominal pain within hours of the operation, so he went to the emergency room at Defendant Glendale Memorial Hospital, where he was seen by Defendant Mardiros H. Mihranian, M.D. (“Defendant”). (Id.<00560053004c0057004400 4f0003[ from June ...

Excerpt: ...se Plaintiffs allege that Plaintiff Isabella Godina suffers from post-traumatic stress disorder (“PTSD”) as a result of the collision, Defendants seek to have her examined by Dr. Teri Prokrajac, a psychologist. Now, Plaintiffs seek a protective order limiting Dr. Prokrajac's psychological examination, which Defendant opposes. The Court grants the motion in part and denies the motion in part. LEGAL STANDARD “The court, for good cause shown, ...

Excerpt: ...m Interrogatories (“FROG”), set one, and (2) Request for Production of Documents (“RPD”), set one. Defendants have also filed motions to compel responses from Plaintiff Belinda Bradley for: (1) FROG, set one, (2) Special Interrogatories (“SROG”), set one, and (3) RPD, set one. On November 7, 2018, Defendants served discovery on Plaintiffs. On December 11, 2018, pursuant to Plaintiffs' counsel's request, Defendants' counsel granted an ...

Excerpt: ...6. Plaintiff asserts causes of action for motor vehicle and general negligence and seeks punitive damages. Defendant now seeks to strike the prayer for punitive damages, which Plaintiff opposes. The motion is granted. LEGAL STANDARD In ruling on a motion to strike punitive damages, “judges read allegations of a pleading subject to a motion to strike as a whole, all parts in their context, and assume their truth.” (Clauson v. Superior Court (1...

Excerpt: ... a Cesarean section under anesthesia. The complaint alleges that the Decedent was unresponsive following the procedure, and she died four days later while in the intensive care unit. Plaintiffs, the Decedent's lawful heirs, filed this medical malpractice action against the hospital, the physician performing the procedure, and Dr. Gia D. Le, the anesthesiologist (“Defendant”). Defendant now moves for summary judgment, which Plaintiffs do not o...

Excerpt: ...r the purpose of picking up a truck to move items, specifically a Ford 350, and, on June 8, 2017, while attempting to close the lift gate on the back of the truck provided by Defendant, his right arm got stuck and damaged in the defective or not properly functioning lift gate. (Complaint ¶¶ 6-7.) Plaintiff asserts causes of action for: (1) Negligence, and (2) <0003005600480046005200 00030052004900030044[ction for “Negligence Per Se,” arguin...

Excerpt: ...serting a cause of action for negligence based on a motor vehicle collision on February 9, 2016. Plaintiff's expert neurosurgeon, Dr. Kamran Parsa, charges $1,750 per hour for a deposition if it is not videotaped, and $2,200 per hour if it is videotaped. Defendants now seek an order reducing this fee to no more than $1,200, which Plaintiff opposes. The Court grants the motion and sets the rate for Dr. Parsa's deposition testimony at $1,500.00 per...

Excerpt: ...ian Ad Litem, Jackeline Umanzor Martinez (“Plaintiff”), filed a complaint against Defendant Los Angeles Unified School District (“Defendant” or “LAUSD”), asserting one cause of action for <00030033004f0044004c00 004f0048004a00480056[ that he was injured at school by other students on at least three occasions: (1) May 4, 2017, (2) January 15, 2018, and (3) January 19, 2018. In his opposition brief to this motion, however, Plaintiff cla...

Excerpt: ...ed complaint, Plaintiff asserts causes of action for general negligence, premises liability, and dangerous condition of public property under California Government Code section 835. Defendants now move to compel Plaintiff to provide responses without objections to Defendant's Form Interrogatory No. 17.1. The record establishes that Plaintiff has not responded to this interrogatory, so the motion is granted. Defendants seek $570 in sanctions again...

Excerpt: ...d on some liquid in an aisle at the Fonda Theatre, owned and operated by GoldenVoice, L.L.C. (“Defendant”). Plaintiff asserts causes of action for general negligence and premises liability. Defendant now moves for summary judgment or, in the alternative, summary adjudication, arguing that there are no triable issues whether there was a dangerous condition or, if so, whether Defendant had actual or constructive notice. The motion is granted. P...

Excerpt: ...ransportation Authority (“Defendant Metro”). Plaintiff filed the complaint on October 5, 2018, asserting a claim for motor vehicle negligence. Defendant Metro demurs to the complaint, arguing that Plaintiff has not alleged any facts demonstrating compliance with the California Government Tort Claims Act, viz., Government Code section 900,et seq. Plaintiff opposes the demurrer, arguing that the complaint provides sufficient information. The Co...

Excerpt: ...neath a grocery store owned and operated by Ralphs Grocery Company (“Defendant”). Plaintiff asserts causes of action for negligence and premises liability. Defendant now moves for summary judgment or, in the alternative, summary adjudication on each cause of action. The motion is denied. LEGAL STANDARD “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact an...

Excerpt: ...sage Spa) (the “Spa”) and Tian Shi Jin, named in this action as “Shi Jin Tian” (“Jin”) (collectively “Defendants”). Cupping Therapy is a process in which cups are placed on a person's back over a period of time to suck out toxins in their body. This therapy uses a flame to create suction. Plaintiff alleges that he suffered burns and scars as a result of Defendants' negligently performed cupping therapy. Plaintiff filed the complai...

Excerpt: ...rve 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 filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc., �...

Excerpt: ... enter her parked vehicle when she was struck by Defendant Los Angeles County Metropolitan Transportation Authority's (“LACMTA”) bus, driven by Defendant Rodriquez Gray (“Gray”) (collectively “Defendants”). Plaintiff filed this action on December 20, 2018. Defendants answered on February 28, 2019. Plaintiff, aged 89, now moves for trial preference. Defendants oppose. LEGAL STANDARD A party who is 70 years of age or older, or who reach...

Excerpt: ...cident. Plaintiff moves to quash or limit subpoenas for Plaintiff's medical, insurance, and employment records that Defendant served on: (1) Encino Hospital (Medical Records and Diagnostic Imaging); (2) Encino Hospital (Billing Records); (3) Encino Hospital—X- rays; (4) Pacifica Emergency Medical Associates; (5) Olive View Hospital (Medical Records and Diagnostic Imaging); (6) Olive View Hospital (Billing Records); (7) Olive View Hospital—X-r...

Excerpt: ... vehicle negligence and raising a claim for punitive damages against Defendant Scott Elliott. Plaintiff filed a first amended complaint (the “FAC”) on December 31, 2018, asserting the same cause of action but raising the punitive damages claim against Defendant Edgar Eduardo Mata (“Defendant”). Plaintiff alleges that Defendant was driving while intoxicated when he negligently caused the accident that caused Plaintiff's injuries. Now, Defe...

Excerpt: ... (collectively, “Defendants”) for motor vehicle negligence on March 1, 2018. Plaintiff alleges that he was lawfully walking across the street in a crosswalk when he was struck by a vehicle owned by Hooper and driven by Gibbs. Plaintiff alleges that he suffered leg and back injuries. In his discovery responses, Plaintiff lists the “San Vicente Medical Center” as a place where he was treated for his prostate. Accordingly, Defendant Hopper s...

Excerpt: ... collision. The vehicle driven by Manuel Mendez Jr. (“co-defendant Mendez”) stalled, and the Decedent collided with him, setting off a chain reaction resulting in Decedent's death. Defendant Tommy Wu (“Defendant Wu”) was not involved in the collision. Rather, Defendant Wu changed lanes to avoid hitting either co-Defendant Mendez or the Decedent. Yet, Plaintiff named Defendant Wu as a defendant in this action. Defendant Wu now moves for su...

Excerpt: ...ant Troy Conrad (“Conrad”) while both were dining at Tiago Coffee Bar and Kitchen (“Tiago”). Tiago leases space from 7080 Hollywood, LLC (“Defendant Hollywood”), which is also a defendant in this case. Now, Defendant Hollywood seeks a security undertaking of $22,300 pursuant to Code of Civil Procedure section 1030. The motion is granted. LEGAL STANDARD “When the plaintiff in an action or special proceeding resides out of the state, ...

Excerpt: ...Studios Los Angeles, LLC (“Defendant”). Plaintiffs seek issue sanctions, evidentiary sanctions, or an evidentiary presumption against Defendant based on Defendant's destruction of the gate that fell on Evan. The motion is granted as to an order that the Court will use CACI No. 204 to instruct the jury. “Spoliation is the destruction or significant alteration of evidence, or the failure to preserve property for another's use as evidence,...

Excerpt: ...o quash two subpoenas Plaintiff served on Hertz Claim Management and Property Damage Appraisers. The unopposed motions are granted because the subpoenas were served after the discovery cut-off. DISCUSSION On June 29, 2017, this Court continued the trial date in this matter from August 7, 2017 to September 8, 2017. The Court's order specified that all discovery and motion cut-off dates would move with the trial date. (See June 29, 2017 Minute Orde...

Excerpt: ...llision. Defendants move for summary judgment, arguing that Plaintiff agreed to settle the case. The motion is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fa...