Excerpt: ...go Castro (“Plaintiff”) was made in good faith. Defendants 3608 Manhattan Avenue, LLC, Timothy R. Roth, and HB Construction (“Defendants”) have filed a motion to contest the application for determination of good faith settlement, which R.E. opposes. The Court finds that the settlement was made in good faith. LEGAL STANDARD In Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, the court set forth the factors to consider w...

Excerpt: ...es of action for negligence and “willful misconduct.” Plaintiff seeks punitive damages in connection with the second cause of action. Specifically, Plaintiff alleges that he was sitting on a bench in the sauna at Defendant's gym when the bench collapsed, causing him injuries. Now, Defendant moves for summary judgment or, in the alternative, summary adjudication of each cause of action. Plaintiff opposes the motion and filed his own motion see...

Excerpt: ...�Gray West”) as the general contractor for the project. Defendant Gray West hired American Spring Heating & Cooling (“American Spring”) to install the HVAC system. Defendant Gray West also hired AltaVista Walls Systems, Inc. (“AltaVista”) to perform the framing work on the project, including installing the slammer studs. Plaintiff was working for American Spring as an air conditioning installer. Plaintiff alleges that while he was worki...

Excerpt: ...s tentative or whether they are requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. BACKGROUND Plaintiff Leland Felsenthal (“Plaintiff”) filed this action after he was injured on a scooter he rented from Defendant Bird Rides, Inc...

Excerpt: ...g on the Court's tentative or whether they are requesting a hearing. If any party requests a hearing, one will be scheduled. If the parties do not email the Court's clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue. BACKGROUND Plaintiff Jose Juan Alejo Huazano (“Plaintiff”) filed this action following a motor vehicle collision with Defendant Sa...

Excerpt: ...d a heart bypass operation, and Plaintiff had to undergo a right leg amputation as a result of complications. Plaintiff asserts the following causes of action: (1) Medical Negligence, (2) Fraud, (3) Lack of Informed Consent, and (4) Battery. With respect to the causes of action for fraud and battery, Plaintiff alleges as follows in the second amended complaint: ‐ On or about February 25, 2016, Plaintiff consulted Defendant, having experienced p...

Excerpt: ...A, at a spa owned and operated by Defendant Beverly Hot Springs, Inc. (“Defendant”). The complaint was filed on July 14, 2016, meaning that the case is over four years old. Now, Plaintiff seeks to reopen discovery to conduct another site inspection. Defendant seeks to augment its expert witness list with an “aquatic” expert. Both motions are denied. LEGAL STANDARD A. Motion to Reopen Discovery In determining whether to re‐open discovery...

Excerpt: ...rand Investments, LLC, Melanie Bickley, and Dolton Realty Corporation (collectively, “Defendants”). Plaintiff asserts causes of action for general negligence, premises liability, negligent undertaking, and gross negligence. Plaintiff also seeks punitive damages. Now, Defendant demur to the cause of action for gross negligence and move to strike the prayer for punitive damages. Plaintiff opposes both motions. The demurrer is overruled but the ...

Excerpt: ...rzans (“Defendant”). Plaintiff asserts causes of action for: (1) Negligence, (2) Premises liability, (3) Negligence per se, (4) Strict liability based upon common law, (5) Strict liability based upon “dog bite statute,” and (6) Negligent infliction of emotional distress. Now, Defendant moves for summary judgment. As a general matter, Defendant argues that she did not know, and had no reason to know, that the dog had vicious tendencies. De...

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: ...ant was working as an Uber driver and was driving Fergal Furlong (“Furlong”). When Defendant stopped, Furlong allegedly opened the rear right passenger door of Defendant's vehicle and struck Plaintiff, who was riding his bicycle in the lane against the curb. Defendant now 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 ther...

Excerpt: ...le collision. Plaintiff submitted to a physical examination by Dr. Douglas Kiester, M.D., on January 15, 2019. Now, Defendant moves for a second examination, following Plaintiff's back surgery on October 22, 2019. Defendant also moves for a second deposition of Plaintiff. Plaintiff opposes both motions. The motion for a second medical examination is denied without prejudice. The motion for a second deposition is granted. LEGAL STANDARD When the p...

Excerpt: ... Echeverry was driving a truck he rented from Defendant Penske Truck Leasing Co., LP (“Penske”). Now, Echeverry and Penske (collectively, “Defendants”) move for summary judgment, which Plaintiff does not oppose. 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 judgment as a matter of law[.] There is a t...

Excerpt: ...Michael N. Feuer: (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 Attorn...

Excerpt: ...as a demolition subcontractor on a project to remodel office space. The general subcontractor on the project, Commercial Builders, Inc. (“CBI”), hired Defendant to disconnect and empty a fire suppression tank at the office space. In his complaint, Plaintiff alleges as follows: “After being told by [CBI] that the tanks were empty and ready for removal, the tanks were unstrapped and removed to [In and Out's] yard.” “Thereafter, Plaintiff ...

Excerpt: ...) was killed in an automobile collision with Defendant Joshua Cabryon Johnson (“Defendant”). The Los Angeles County District Attorney's Office has charged Defendant for his role in Decedent's death. Accordingly, Defendants move to stay discovery with respect to Defendant, pending resolution of the criminal case. Plaintiffs do not oppose the motion, which is granted. LEGAL STANDARD Where a civil defendant faces criminal prosecution based on th...

Excerpt: ...”). Defendant moves to strike the prayer for punitive damages in Plaintiff's complaint. The motion to strike the prayer for punitive damages is granted with leave to amend. LEGAL STANDARD 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, rule 3.1322, subd. (b).) On a motion to strike, the court ma...

Excerpt: ...Solutions (“Deponent” or “Key Health”) to comply with a deposition subpoena requiring the production of records about Plaintiff. Specifically, Defendant seeks information concerning the satisfaction or sale of any lien for Plaintiff's medical bills, i.e., factoring agreements. Deponent opposes the motion. The motion is denied. LEGAL STANDARD Code of Civil Procedure section 1987.1 provides, “If a subpoena requires the attendance of a wit...

Excerpt: ...ental Corp. (collectively, “Defendants”) following a dental procedure in which Tsibel adjusted crowns in Plaintiff's mouth. The crowns had been placed in Plaintiff's mouth and initially adjusted by co‐defendant Misak Shnorhavorian, D.D.S. (“Shnorhavorian”). Now, Defendants move for summary judgment, which Plaintiff opposes. The motion is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion tha...

Excerpt: ...nt”). Defendant moves to strike the prayer for punitive damages in Plaintiff's complaint. The motion to strike the prayer for punitive damages is granted with leave to amend. LEGAL STANDARD 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, rule 3.1322, subd. (b).) On a motion to strike, the court ...

Excerpt: ...��) was killed in an automobile collision with Defendant Joshua Cabryon Johnson (“Defendant”). The Los Angeles County District Attorney's Office has charged Defendant for his role in Decedent's death. Accordingly, Defendants move to stay discovery with respect to Defendant, pending resolution of the criminal case. Plaintiffs do not oppose the motion, which is granted. LEGAL STANDARD Where a civil defendant faces criminal prosecution based on ...

Excerpt: ...l Solutions (“Deponent” or “Key Health”) to comply with a deposition subpoena requiring the production of records about Plaintiff. Specifically, Defendant seeks information concerning the satisfaction or sale of any lien for Plaintiff's medical bills, i.e., factoring agreements. Deponent opposes the motion. The motion is denied. LEGAL STANDARD Code of Civil Procedure section 1987.1 provides, “If a subpoena requires the attendance of a w...

Excerpt: ...moves for summary judgment, arguing that he had been stopped behind Plaintiff when a third-party, Stephen Cooper, rear-ended him, pushing his vehicle into Plaintiff. Plaintiff opposes the motion, which 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 ...

Excerpt: ...tective order to preclude Plaintiff's wife, Lauren Swerdloff, M.D. (“Swerdloff”) from attending Plaintiff's independent medical examination. The Court continued the hearing so Plaintiff could file an opposition. Now, the Court denies the motion. LEGAL STANDARD “The attorney for the examinee or for a party producing the examinee, or that attorney's representative, shall be permitted to attend and observe any physical examination conducted fo...

Excerpt: ...ainst Defendant Valley Presbyterian Hospital (“Defendant”). Specifically, Plaintiffs allege that co-Defendant Kamran Malek, M.D. (“Dr. Malek”), an obstetrician and gynecologist, performed a Cesarean section at Defendant's hospital, following which “a foreign body” was left inside Plaintiff Anis's body. Plaintiff Anis asserts a claim for medical negligence, and Plaintiff Chehade asserts a claim for loss of consortium. Plaintiffs allege...

Excerpt: ...efendant moves to strike the related prayer and allegations. The motion to strike is granted. LEGAL STANDARD 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, 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 plead...

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 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 Court can be fair and imp...

Excerpt: ...to quash a subpoena for his employment records, which Defendants propounded on Plaintiff's employer, the Law Office of Arash Khorsandi, P.C. The motion to quash is granted in that the Court limits the subpoena to documents, if any, sufficient to outline the full scope of Plaintiff's job duties. LEGAL STANDARD If a subpoena requires the production of documents, the court may quash the subpoena entirely or modify it. (Code Civ. Proc., § 1987.1, su...

Excerpt: ... violations of Civil Code section 51.7 and 52.4, and intentional infliction of emotional distress. Plaintiff alleges that Defendant groped her while she was working at a casino at which Defendant was a patron. Now, Plaintiff seeks leave to conduct discovery on Defendant's financial condition in order to support her prayer for punitive damages. Defendant opposes the motion, which is denied without prejudice. LEGAL STANDARD Pretrial discovery of a ...

Excerpt: ...the Court will consider terminating sanctions. If the deposition of Plaintiff is completed on or before March 8, 2020, the following would be the Court's tentative order. If the deposition of Plaintiff is completed on or before March 8, 2020, and Defendants require additional time to prepare for trial, the Court intends to hold a trial setting conference on March 9, 2020, at 10:00 a.m. Any party who does not appear at the final statute conference...

Excerpt: ... alleges that he sought treatment for a gradual decline of hearing in his right ear, as well as dizziness and tinnitus, on January 31, 2017. Plaintiff alleges that he received an MRI on February 7, 2017, and had surgery on February 15, 2017. Plaintiff alleges that Defendant's two doctors, Akira Ishiyama, M.D. (“Ishiyama”) and Stellios Karnezis, M.D. (“Karnezis”), failed to properly diagnose the cause of his tinnitus, which lead to Plainti...

Excerpt: ...nt moves to disqualify Plaintiff's counsel, which Plaintiff opposes. The motion is denied. LEGAL STANDARD “A trial court's authority to disqualify an attorney derives from the power inherent in every court to control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto.” (In re Charlisse C. (2008) 45 Cal.4th...

Excerpt: ... (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 Court can...

Excerpt: ...intiff asserts causes of action for: (1) Negligence, (2) Premises liability, (3) Negligence per se, (4) Strict liability based upon common law, (5) Strict liability based upon “dog bite statute,” and (6) Negligent infliction of emotional distress. Now, Defendant moves for summary judgment. As a general matter, Defendant argues that she did not know, and had no reason to know, that the dog had vicious tendencies. Defendant also argues that the...

Excerpt: ...ls Properties (“Defendant”), asserting causes of action for premises liability, negligence, and negligence per se. Plaintiff alleges that he rented his residence from Defendant, and there was an electrical fire on or about January 17, 2018, causing injury. Plaintiff filed an ex parte application to compel the deposition of Michael Koster, a fire investigator, which the Court decided to treat as a noticed motion to be heard simultaneously with...

Excerpt: ...ow moves for summary judgment, which Plaintiff opposes. 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 opposing the motion in accordance with...

Excerpt: ...ng during recess in a common area of the Lashon Academy when she was struck by, and dragged under, a flatbed utility vehicle owned by Robert Fulton College Preparatory School and operated by personnel from the Los Angeles Unified School District (“Defendant”). (Complaint, at ¶ 12.) Plaintiff alleged a single cause of action for negligence but cited no Government Code sections in the operative part of the complaint. (Complaint, at ¶¶ 19‐3...

Excerpt: ...llowing a motor vehicle collision on February 5, 2016. Alatorre was driving in the course and scope of his employment with Marina Shipyard at the time of the accident. During the course of his investigation, Plaintiff's counsel discovered that Alatorre maintained a Twitter account that was not “locked,” meaning that any member of the public could review Alatorre's posts. Among other posts, Alatorre discussed his marijuana use at work, and som...

Excerpt: ...ollision. Defendant moves to compel Plaintiff to submit to a physical examination by Paul E. Kaloostian, M.D. Defendants Benjamin Tapparo and Richard Tapparo join the motion. Plaintiff opposes the motion, which is granted. 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 ...

Excerpt: ...hicle collision. Plaintiff moves to quash Defendants' deposition subpoena served on Plaintiff's medical providers: Jason Snibe, M.D.; Snibe Orthopedics; Pedram Enayati, M.D., and Gastroenterology Associates of Beverly Hills. The subpoenas seek all records about Plaintiff from January 1, 2010 to October 3, 2015, or from January 1, 2010 to the present. (See Declaration of Philip A. Iadevaia, Exh. #1.) The motion is denied. LEGAL STANDARD If a subpo...

Excerpt: ...ood faith. Defendants 3608 Manhattan Avenue, LLC, Timothy R. Roth, and HB Construction (“Defendants”) have filed a motion to contest the application for determination of good faith settlement, which R.E. opposes. In Tech‐Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, the court set forth the factors to consider when determining whether a settlement is made in good faith. The Tech‐Bilt factors are: (1) a rough approximati...

Excerpt: ...f action for dangerous condition of public property and negligence. Plaintiff alleges that she tripped and fell on a stairway at the Valley Performing Arts Center. Now, Defendant moves for summary judgment or, in the alternative, summary adjudication, 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 issue of material fact and that he i...

Excerpt: ...gainst Defendants Memo's Scaffolding Norwalk, Inc. and Bernard's Construction Group, Inc. for damages arising out of a workplace accident that injured Jose Luis Guzman. Jose Luiz Guzman, as plaintiff in intervention, brings claims against Memo's Scaffolding Norwalk, Inc., Bernard's Construction Group, Inc., and Selma and Vine North Hollywood LLC for damages arising out of the same accident. Selma and Vine North Hollywood LLC is the owner of the b...

Excerpt: ...ter Defendants extracted Plaintiff's teeth and fitted Plaintiff's mouth for dentures. Defendants move for an order requiring Plaintiff to file an undertaking. Plaintiff opposes the motion. This motion was calendared initially for hearing on January 6, 2020. The Court continued the motion to afford Plaintiff an opportunity to provide evidence that he cannot afford to post an undertaking. Now, the Court denies the motion. LEGAL STANDARD “When the...

Excerpt: ...d premises liability, after she walked through a sliding glass door at Defendants' rental property. Now, Defendants 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 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 e...

Excerpt: ...”). Now, Defendant moves to disqualify Plaintiff's counsel because an employee of Defendant's counsel's firm now works at Plaintiff's counsel's firm. Plaintiff opposes the motion, which is denied. LEGAL STANDARD “A trial court's authority to disqualify an attorney derives from the power inherent in every court to control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a...

Excerpt: ...molested him in the bathroom at school. Plaintiff asserts the following causes of action: (1) Negligent Supervision of Students, (2) Negligent Hiring, Training, and Supervision of Employees, (3) Negligence Per Se, and (4) Constructive Fraud. Defendant demurs to each cause of action. Defendant also moves to strike the prayer for punitive damages and specific allegations in the complaint. Plaintiff has not opposed the demurrer or the motion to stri...

Excerpt: ...erk whether you are submitting on the Court's tentative or whether you are requesting a hearing. If any party requests a hearing, one will be scheduled. If you do not request a hearing or fail to email the Court's clerk before 1:30 p.m. on the date of the hearing, you will waive the right to be heard and shall submit to this tentative order, which shall issue. BACKGROUND Plaintiff Tess Bernardo (“Plaintiff”) filed this action after slipping a...

Excerpt: ... inform the clerk whether you are submitting on the Court's tentative or whether you are requesting a hearing. If any party requests a hearing, one will be scheduled. If you do not request a hearing or fail to email the Court's clerk before 1:30 p.m. on the date of the hearing, you will waive the right to be heard and shall submit to this tentative order, which shall issue. BACKGROUND Plaintiff Sharon Ratliff Witt (“Plaintiff”) filed this act...

Excerpt: ... general negligence. Plaintiff alleges Defendants were pulling a trailer with jet skis, and a wheel flew off the trailer, causing him to skid and fall off his motorcycle at high speed. Plaintiff alleges injuries to his lower back, left knuckes, right elbow, right shoulder, and penis. Defendants served subpoenas seeking all medical records without limitation on: (1) Interinsurance Exchange of the Automobile Club; (2) University Medical Center of S...