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...

Excerpt: ...ft. Plaintiff asserts causes of action for premises liability predicated upon negligence and premises liability predicated upon dangerous condition of public property. Now, Defendant moves for summary judgment or, in the alternative, summary adjudication of each cause of action. The Court grants the motion. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and ...

Excerpt: ... base on a city sidewalk on August 9, 2017. Plaintiff asserts a cause of action for dangerous condition of public property in violation of Government Code section 835. Now, 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[...

Excerpt: ...that Lee assaulted her while she was working at Hera. Defendants move to amend their answer, which Plaintiff opposes. The motion is granted. LEGAL STANDARD Per Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or ...

Excerpt: ...d by a fellow student. The Court rules as follows on Plaintiffs' motions to compel further responses, but the Court's ruling is contingent upon Plaintiff's stipulation to a protective order to ensure that student information is not disclosed improperly: I. Motion to Compel against Pasadena Unified School District Form Interrogatory #16.1 – This interrogatory requests the identity and contact information of any person that Defendant believes con...

Excerpt: ...emises liability, after she slipped and fell in a puddle of water on the floor of the garden center. Now, Defendant moves 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 ...

Excerpt: ...niversity of California (“Defendant”). Plaintiff 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 diagn...

Excerpt: ...fendant Vallarta Food Enterprises, Inc. (“Defendant”). Plaintiff asserts causes of action for negligence and premises liability. Defendant moved for summary judgment on Plaintiff's complaint, which the Court granted. Now, Plaintiff moves for a new trial, which is effectively a motion for reconsideration. The Court denies Plaintiff's motion as moot because the Court has elected to reconsider its ruling on its own motion for reconsideration. Th...

Excerpt: ...Dr. Salehi-Had”) and Eyecare Specialists Medical Group, which does business as Atlantis Eyecare (“Atlantis”) (collectively, “Defendants”). Specifically, Plaintiff alleges that Salehi-Had performed surgery on his retinas at Atlantis, resulting in a loss of vision. Plaintiff asserts a single cause of action for professional negligence. Now, Defendants move for summary judgment on three grounds: (1) Dr. Salehi-Had's treatment complied with...

Excerpt: ...plex owned and operated by Defendants California Village Homeowners Association of Tarzana, Inc. and Icon Realty Services (“Defendants”). Plaintiff asserts a cause of action for negligence, and Paul Bancroft asserts a cause of action for loss of consortium. Now, Defendants move for summary judgment on Plaintiff's complaint, arguing that the allegedly dangerous condition was a trivial defect. Plaintiff opposes the motion, which is denied. LEGA...

Excerpt: ...”), seek leave to assert a cross-complaint for indemnification and contribution against Karen Hannigan and Every Child Achieves, Inc. Per Code of Civil Procedure section 428.10, a party against whom a cause of action is asserted may file a cross-complaint to assert “[a]ny cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cro...

Excerpt: ...efendant moves for summary judgment on Plaintiff's complaint for negligence and premises liability, 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 reasonable trier of fa...

Excerpt: ...l submit to any decision the Court makes on this motion, even if it changes its tentative order following the hearing. The Court intends to hold a trial setting conference on January 23, 2020, at 1:30 p.m., in the event that Plaintiffs require additional time to locate and/or depose Guadalupe Rodriguez. Any party who does not appear (either in person or via court call) shall submit to any trial date selected by the Court. BACKGROUND Plaintiffs Ki...

Excerpt: ...oves to quash or limit subpoenas for Claimant's medical and billing records that Respondent served on: (1) St. Mary's Medical Center; (2) St. Mary's Medical Center (Billing); (3) St. Mary's Medical Center (Films); (4) St. Joseph's Heritage Medical Group, Orange; (5) St. Joseph's Heritage Healthcare; (6) St. Joseph's Heritage Medical Group, Orange (Films); and (7) Anthem Blue Cross. Claimant also moves to quash the subpoena for Claimant's employme...

Excerpt: ...laintiff's Response to Defendants' Separate Statement of Undisputed Material Facts, ¶ 1.) Plaintiff tripped and fell because of an “eroded rubberized or composite ground surface covering the north end of the monkey bar equipment in the park's play or playground area. (Id., ¶ 2.) The playground is owned by Defendant Manhattan Beach Unified School District (the “School District”) and leased to Defendant City of Manhattan Beach (the “City�...

Excerpt: ...efendants owned the vehicle at issue in the collision. Holly Butler's father, co- defendant Zhichgeng Liu, was driving the vehicle involved in the collision. Even though the accident occurred on December 30, 2015, and the complaint was filed on November 9, 2017, Plaintiff still has not served Liu. Trial in this matter is set for March 19, 2020. Now, Defendants move for summary judgment on Plaintiff's complaint for general and motor vehicle neglig...

Excerpt: ...fendant moves for sanctions, arguing that Plaintiff intentionally discarded shoes at issue in this litigation. Plaintiff opposes the motion. The Court grants Defendant's motion. LEGAL STANDARD “Spoliation is the destruction or significant alteration of evidence, or the failure to preserve property for another's use as evidence, in pending or future litigation.” (Hernandez v. Garcetti (1998) 68 Cal.App.4th 675, 680.) Under California law, a pa...

Excerpt: ...to the complaint, arguing that Plaintiff's claims are barred by the exclusivity provision of the workers' compensation system and the complaint fails to allege sufficient facts to constitute a cause of action. Plaintiff does not oppose the demurrer. The demurrer is sustained with leave to amend. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747.) When c...

Excerpt: ...ant Peter J. Julien, M.D. (“Dr. Julien”), among others. Now, Defendant moves for summary judgment on the sole cause of action: “wrongful death and survival action – negligence.” Plaintiffs opposes the motion, which 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 tr...

Excerpt: ...ents, Limited (“Lemarsh”), Action Apartments (“Action”), Nora Pineda (“Pineda”), and Westfield, LLC (“Westfield”), asserting causes of action for negligence and loss of consortium. Lemarsh is an apartment building in Chatsworth, California. (Complaint, ¶ 5.) Action is a management company responsible for managing Lemarsh. (Id., ¶ 4.) Pineda worked for Lemarsh and Action. (Id., ¶ 10.) Westfield owns and operates a shopping cente...

Excerpt: ...pel third party Olympia Health Care, LLC (“Olympia”) to comply with a deposition subpoena for the production of records about Plaintiff. Specifically, Defendant seeks information concerning any sales of liens for Plaintiff's medical bills. Olympia opposes the motion, which is denied. LEGAL STANDARD Code of Civil Procedure section 1987.1 provides, “If a subpoena requires the attendance of a witness or the production of books, documents, elec...

Excerpt: ...rts causes of action for negligence and premises liability. Now, Defendant moves 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 triable issue of material fact if, and only if, the evidence would allow a reasonable...

Excerpt: ...2023.010 provides that “[f]ailing to respond or to submit to an authorized method of discovery” and “[m]aking or opposing, unsuccessfully and without substantial justification, a motion to compel or to limit discovery” are misuses of the discovery process. (Code Civ. Proc., § 2023.010, subds. (d), (h).) Plaintiff raises three issues: 1. Second Site Inspection – Plaintiff alleges that Defendant abused the discovery process by failing to...

Excerpt: ...ises liability, after she slipped and fell in a puddle of water on the floor of the garden center. Now, Defendant moves 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 ev...

Excerpt: ...collectively, “Defendants”). Now, Defendants move to compel a medical examination with a neurosurgeon, Dr. Cary D. Alberstone, M.D. Plaintiff opposes the motion, which is granted. LEGAL STANDARD Where the physical condition of the plaintiff or claimant is in controversy in a personal injury case, the defendant or respondent may seek discovery by physical examination of the plaintiff. (Code Civ. Proc. §§ 2032.020, 2032.220.) An examination m...

Excerpt: ...gence; (2) intentional infliction of emotional distress; and (3) negligent infliction of emotional distress. Now, Defendant moves for summary judgment. Plaintiff filed no opposition to the motion, which 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 materia...

Excerpt: ...lthcare Partners Medical Group, Inc. (“Healthcare”); Anthony Martin, DPM (“Dr. Martin”) (collectively, “Defendants”). Plaintiff alleges that Defendants were negligent with respect to surgery on Plaintiff's left foot, specifically, excision of ulceration and removal of osseous prominence of the plantar left foot. Now, Defendants move for summary judgment, which Plaintiff opposes. The motion is denied. LEGAL STANDARD “[T]he party movi...

Excerpt: ...ptember 28, 2018 and December 17, 2018, Plaintiff filed two separate proofs of service indicating service on Defendant via substituted service. On June 10, 2019, the Court granted Defendant's motion to quash service of summons and complaint because Plaintiff failed to meet his burden in showing that service was valid. On October 18, 2019, the Court granted Plaintiff's application for service by publication. Plaintiff's Proof of Service by Publica...

Excerpt: ...r 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. LEGAL STANDARD “When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking.” (Code...

Excerpt: ...s allege that John Rotondi was working as a general contractor at a property owned by Defendant Aquareal Holding Corporation (“Defendant Aquareal”). (Complaint, ¶ 10.) Plaintiffs allege that: Defendant Berger Pool Plumbing was also working at the subject premises. Among other things, Defendant Berger Pool Plumbing was cutting an opening in what was to become the [J]acuzzi spillway. Defendant Berger Pool Plumbing was also pouring concrete. Du...

Excerpt: ...nt, LLC (collectively, “Defendants”) permitted gang-affiliated individuals to reside in the apartment complex, and that Decedent Joseph Bell (“Decedent”) died as a result of a violent assault on the premises. Plaintiffs assert causes of action for negligence and premises liability. Previously, Defendants moved to strike the prayer for punitive damages and related allegations, and the Court granted the motion to strike with leave to amend....

Excerpt: ...rder to take Plaintiff's deposition, which is necessary because, according to Defendant, she is incarcerated at the Los Angeles County Sheriff's Department's Century Regional Detention Facility in Lynwood, California. Code of Civil Procedure sections 1995, 1996, and 1997 govern depositions of incarcerated persons. Code of Civil Procedure section 1995 provides, in pertinent part, “If the witness be a prisoner, confined in a jail within this stat...

Excerpt: ...y named as both P V Holding Corporation), and Avis Budget Group, Inc. (“Defendants”). Plaintiff designated Dr. Rajan Patel, M.D. and Dr. Rami Hashish as expert witnesses. Now, Defendant moves to set the hourly fee of Dr. Patel, pursuant to Code of Civil Procedure section 2034.470. Defendant also seeks to remove the contingency that each expert's fees be paid 48 hours in advance of their depositions. Plaintiff opposes the motion, which is gran...

Excerpt: ...e Produce, Inc. d/b/a Better Life Organics, and Durable Goods, Inc. (“Defendants”). Now, Plaintiff moves to quash Defendants' deposition subpoenas concerning medical records and billing records served on: (1) Lemus Medical Center (CA1003906‐ 004); (2) Lemus Medical Center (CA1003906‐005); and (3) Cosma Management Services. The subpoenas seek all medical records without limitations. Defendant opposes the motion, which is denied, but the Co...

Excerpt: ...ligence arising from Defendant's alleged failure to diagnose, investigate, or treat Plaintiff's blood in her urine; failing to make a timely referral to the a proper specialist; and failing to advise Plaintiff properly about the severity of her condition. Defendant filed the instant motion for summary judgment on July 9, 2019. Plaintiff has filed no opposition to this motion, which is granted. LEGAL STANDARD The function of a motion for summary j...

Excerpt: ...dants”), alleging that she was struck by a cart pushed by a hotel employee. According to Plaintiff's counsel, his client has passed away, leaving two successors in interest: Her husband, Victor Sumian, and her son, Allen Sumian. On June 3, 2019, the parties stipulated to substituting the successors in interest in place of Plaintiff pursuant to Code of Civil Procedure section 377.11, et seq. On September 3, 2019, Plaintiff filed the Motion for L...

Excerpt: ...ranted on April 16, 2019. Specifically, Plaintiff seeks to seal all of the pleadings, as well as the underlying evidence, relating to Defendant's motion for summary judgment. The Court grants the motion with respect to the underlying evidence in the case, viz., Plaintiff's medical records and related correspondence, by sealing Defendant's Index of Exhibits, filed on January 24, 2019, and Evidence Proffered by Plaintiff at the Hearing, filed on Ap...

Excerpt: ...st Defendant Rajiv Pai, M.D. (“Defendant”), a radiologist, for medical malpractice. Specifically, Plaintiffs allege that Defendant failed to identify “a foreign body” that remained inside Plaintiff Anis following a Cesarean section to deliver Plaintiffs' child. Plaintiff Anis asserts a claim for medical negligence, and Plaintiff Chehade asserts a claim for loss of consortium. Now, Defendant moves for summary judgment, which Plaintiffs opp...

Excerpt: ...uer: (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...

Excerpt: ... Company, Everest Indemnity Insurance Company, General Security Indemnity Company of Arizona, Chubb Custom Insurance Company, and Liberty Mutual Fire Insurance Company (“Plaintiffs”) filed this action Defendants Alexandra Piunno (“Defendant Piunno”) and Paige Masonek (“Defendant Masonek”) (collectively, “Defendants”) for subrogation. Defendants rented an apartment in which a fire occurred on June 19, 2017, activating the apartment...

Excerpt: ...h. Plaintiffs contend that Defendant City of Culver City (“Defendant”) is liable because the intersection at which the accident occurred constituted a dangerous condition of public property. Defendant moves for summary adjudication of the third cause of action (dangerous condition of public property) and the fourth cause of action (premises liability). The Court is inclined to grant summary adjudication with respect to the fourth cause of act...

Excerpt: ...he hearing on the motion, which is set for September 19, 2019, at 1:30 p.m. TENTATIVE ORDER BACKGROUND Plaintiff Tigran Demirchyan (“Plaintiff”) filed this action against Defendant County of Los Angeles (“Defendant”), among others, following his accident on an escalator at the Metro Station. The accident allegedly occurred on July 12, 2017, and this action was filed on February 23, 2018. Defendant now demurs to Plaintiff's complaint, argu...

Excerpt: ...serts a cause of action for negligence and his wife, Kareena Bioski-Weissman (“Bioski-Weissman”) (collectively, “Plaintiffs”) asserts a cause of action for loss of consortium. The Court previously granted Plaintiffs' motion for sanctions after Defendant destroyed the gate after its inspection, depriving Plaintiffs of the opportunity to inspect the gate. The Court ordered that CACI No. 204 be used to instruct the jury and precluded Defenda...

Excerpt: ...tiff asserts causes of action for negligence and premises liability. Defendant now moves for summary judgment, which Plaintiff opposes. The motion is granted. UNDISPUTED FACTS On January 6, 2019, Plaintiff entered Macy's at the Glendale Galleria. (Plaintiff's Response to Defendant's Separate Statement of Undisputed Facts, ¶ 1.) It began to rain while Plaintiff drove to the Glendale Galleria. (Id., ¶ 7.) When Plaintiff arrived, she parked on the...

Excerpt: ...ntiff alleges that he sat on a stool for sale at Defendants' store, which broke apart and impaled him. Defendants move for summary judgment or, in the alternative, summary adjudication of each cause of action. Plaintiff filed a request to dismiss his claims for breach of express warranty, breach of implied warranty, and false representation without prejudice. The Court denies that request, because it is without prejudice and Defendants have moved...