Excerpt: ...uses of action for professional negligence, lack of informed consent, and negligent hiring, training, and supervision following her LASIK surgery performed by Dr. Lee. Now, Plaintiff moves to amend the complaint to add: (1) a punitive damages claim against Defendants, and (2) Elizabeth Zazueta as a defendant. The motion is denied with respect to the claim for punitive damages but granted with respect to adding Elizabeth Zazueta as a defendant. LE...

Excerpt: ...t 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 evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the mot...

Excerpt: ..., asserting causes of action for negligence and premises liability, after she slipped and fell at a grocery store. Now, Defendant Ralphs Grocery Company dba Ralphs (“Ralphs” or “Defendant”) moves for summary judgment, which Plaintiff opposes. The motion for summary judgment is denied. LEGAL STANDARD The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evident...

Excerpt: ...ncaster”) alleging that they negligently installed and maintained carpeting at an apartment Plaintiffs rented. Specifically, Plaintiff allege that Michele Linicome fell down a flight of stairs due to loose carpeting. AMTFF filed a cross-complaint against Lancaster. Lancaster filed a cross- complaint against AMTFF, as well as Secured Funding & Investments, Inc. dba West Coast Realty (erroneously sued as “West Coast Realty”) (“Secured Fundi...

Excerpt: ...llowing an automobile collision. Plaintiff now moves for trial preference under Code of Civil Procedure section 36(a), which Defendants oppose. The motion is denied. LEGAL STANDARD Pursuant to Code of Civil Procedure section 36(a), a party to a civil action who is over the age of 70 must be given preference if the party has a substantial interest in the action as a whole, and the health of the party is such that a preference is necessary to preve...

Excerpt: ...ated by Defendant ABE Enterprises, Inc. (“Defendant”) when the laundry cart got stuck in a deep crack in the tile floor and struck Plaintiff, injuring her leg. Plaintiff filed this action, asserting causes of action for general negligence and premises liability. Defendant now moves for summary judgment or, in the alternative, summary adjudication on two affirmative defenses. First, Defendant argues that the alleged defect in the flooring was ...

Excerpt: ...ants Albert Rosen and Myra Rosen (“Defendants”). Plaintiff asserts causes of action for negligence and premises liability. 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 ...

Excerpt: ...s action against King Taco Restaurants, Inc. (“King Taco”) and then added the franchisee, L.A. Restaurant Management, Inc. (“Defendant”). Defendant then filed a cross-complaint against the company it hired to provide security, Prominent Security Services (“Prominent Security”). The Court previously granted summary judgment to King Taco because it was the franchisor and did not control the premises. Now, Defendant moves for summary jud...

Excerpt: ...Defendant”). On February 13, 2018, Plaintiff filed a first amended complaint alleging negligence under Government Code section 815.2. On June 10, 2019, Defendant filed a motion for summary judgment. Then, on June 17, 2018, Plaintiff filed a motion to file a second amended complaint to add causes of action for: (1) Negligence per se, in violation of California Code of Regulations, Title 5, Section 5552, and California Education Code, section 448...

Excerpt: ...leged medical negligence. Plaintiffs allege that Aloyan injured his feet during a fall in Armenia and obtained treatment from Defendant, a podiatrist, upon his return to the United States. On December 14, 2018, Defendant filed a motion for summary judgment, noticed for hearing on February 27, 2019. The Court posted a tentative order granting summary judgment because Plaintiffs proffered no evidence that Defendant had breached the applicable stand...

Excerpt: ... injuries in a motor vehicle collision while she was a passenger in a vehicle driven by Defendant David Forson (“Forson”) 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. Plaintiff opposes the demurrer and motion to strike. The demurrer is sustained with leave to amend. The Court denied the motion to...

Excerpt: ...efendant also seek to compel the examination. Plaintiff opposes the motions, which are granted. However, the Court orders Defendants to pay sanctions because these motions were unnecessary and an abuse of the discovery process. In its order of April 2, 2019, the Court continued the trial date from May 28, 2019, to August 13, 2019. The Court did not move the discovery cut-offs with the trial date. In its order of July 2, 2019, the Court again cont...

Excerpt: ...n independent medical examination of Plaintiff Julian Castro (“Plaintiff”). Defendant also seek to compel the examination. Plaintiff opposes the motions, which are granted. However, the Court orders Defendants to pay sanctions because these motions were unnecessary and an abuse of the discovery process. In its order of April 2, 2019, the Court continued the trial date from May 28, 2019, to August 13, 2019. The Court did not move the discovery...

Excerpt: ...Eleven, Inc. (“7- Eleven”). Cross-Defendant Autozone West LLC (“Autozone”) owns and operates a store that shares a parking lot with 7-Eleven. Both 7-Eleven and Autozone lease their premises from landlord Defendant QCSI Six, LLC (“Landlord”). Both 7-Eleven and Landlord (“Movants”) move for summary judgment against Plaintiff, arguing that Autozone had exclusive control over that portion of the parking lot. Autozone opposes the motio...

Excerpt: ... of Josephine Mosqueda (“Defendant”). The motion is denied. Dr. Nagelberg performed an independent medical examination of Noel Saenz at Defendant's request. Plaintiffs hired Physicians Report of the IME, or “Prime,” to provide an observer for the independent medical examination. Prime sent Dr. Lori Singer Rose to observe the examination. Then, Plaintiffs learned that Prime is owned by Dr. Jeffrey Sherman. Dr. Nagelberg and Dr. Sherman wor...

Excerpt: ... compel Plaintiff to submit to a medical examination by Kevin J. Triggs, M.D. (“Triggs”). The motion is granted. LEGAL STANDARD When the physical condition of the plaintiff is in controversy in a personal injury case, the defendant may obtain a medical examination of the plaintiff. (Code Civ. Proc., §§ 2032.020, 2032.220.) A defendant is entitled to one medical examination of the plaintiff in a personal injury action on demand. (Code Civ. P...

Excerpt: ...he motion is denied, but because Plaintiff has the right to take Defendant's deposition, the Court orders the deposition of Defendant to occur within sixty (60) days of notice of this order unless Plaintiff stipulates to a different date. LEGAL STANDARD Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that de...

Excerpt: ...iff alleges that Defendant intimidated and pushed Plaintiff, and then provided false and misleading information to the Beverly Hills Police Department, facilitating Plaintiff's arrest. Plaintiff filed a complaint asserting the following causes of action: (1) Assault, (2) Battery, (3) Intentional Infliction of Emotional Distress, (4) False Imprisonment, and (5) False Arrest. Defendant demurs to the complaint and seeks to strike the prayer for puni...

Excerpt: ...sion on October 11, 2017. Defendant served a subpoena on Plaintiff's medical provider, COSMA, for all medical records, without limitation, from October 1, 2007 to the present. Plaintiff moves to quash the subpoena. The motion is granted as to an order limiting the subpoena to all medical records except for OB/GYN and reproductive health records, as well as genetic records. The motion also is granted as to records from October 11, 2012 to the pres...

Excerpt: ...oenas served on a medical provider: Rex Medical Care Clinic. The subpoenas request all medical records about Plaintiff that pertain to his neck, back, head, shoulders, and brain, from January 1, 2010 to the present. (Declaration of Jonathan D. Roven, Exhibit 2.) The motion is denied. 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, subd. (a).) I...

Excerpt: ...nd cause of action, which is one for vicarious liability. The demurrer is sustained. 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.) “This rule of liberal construction means that the revie...

Excerpt: ...king through properties owner and/or operated by Defendants Holiday Hospitality Franchising, LLC, L.A. Koreana, Inc., and YHB Long Beach, LLC (collectively, “Defendants”). Defendants now move for a security undertaking pursuant to Code of Civil Procedure section 1030 in the sum of $30,000. Plaintiff opposes the motion. The motion is denied. LEGAL STANDARD “When the plaintiff in an action or special proceeding resides out of the state, or is...

Excerpt: ...4, 2016, Plaintiff Joseph Dean Terry (“Plaintiff”) and Defendant Ernesto Mejia were involved in a motor vehicle collision while Mejia was making a delivery for Defendant Meadowbrook Meat Company, Inc. Plaintiff has been evaluated by 11 separate experts, viz., a neurologist, neuropsychologist, psychiatrist, psychologist, physical medicine and rehabilitation specialist, pain management specialist, otolaryngologist, oral surgeon, plastic surgeon...

Excerpt: ...ant the motion, but would continue the trial date and reopen discovery to mitigate the prejudice to Defendant. However, other parties did not receive notice of the Court's intention to move the trial date and reopen discovery because the issue only arose at the hearing. The Court could take the position that the other parties' failure to appear at the hearing waived their right to be heard on this issue, which is necessarily related to the motion...

Excerpt: ...rtation Authority (“Defendant”) to deem admitted matters specified in its Requests for Admission, set one (“RFAs”). The motion is denied. Per Code of Civil Procedure section 2033.300, a party may obtain relief from matters deemed admitted on a noticed motion, if the court determines that “the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially p...

Excerpt: ...t to a second independent medical examination. The motion 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 is permitted to one physical examination of the plaintiff in a personal injury action on demand. (Code Civ. Proc., § 2032.220, subd. (a).) If the defend...

Excerpt: ...s and prayer for attorneys' fees in the complaint. In the complaint, Plaintiff Henry Guevara Dominguez (“Plaintiff”) alleges that he was attacked by security guards working at a nightclub owned and operated by Defendants. 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).)...

Excerpt: ...ical malpractice. Whitney Franklin, who is Josiyah Knight's mother, delivered her son at a hospital owned and operated by Defendant. Plaintiffs allege that Josiyah Knight's clavicle was fractured during the birth due to Defendant's negligence. Now, Defendant moves for summary judgment, or in the alternative, summary adjudication on the causes of action for professional negligence, negligent infliction of emotional distress, and negligent supervis...

Excerpt: ...��Trio”). At the time, Plaintiff was working for Modern Parking, Inc. (“Modern Parking”). Therefore, Trio filed a cross-complaint against Modern Parking asserting causes of action for: (1) express indemnity, (2) equitable indemnity, (3) implied indemnity, (4) declaratory relief, (5) contribution, and (6) breach of contract. Now, Modern Parking moves for summary judgment or, in the alternative, summary adjudication on the cross complaint. Th...

Excerpt: ...�Defendants”) permitted gang-affiliated individuals to reside in their 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 and seek punitive damages. Defendants move to strike the prayer for punitive damages, as well as related allegations in Paragraphs #17 and #21 of the complaint. The motion to strike i...

Excerpt: ...ollision. Defendant moves to compel Plaintiff to submit to an additional physical examination with James T. <00520057004c0052005100 0057004800470011> 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 permitted to one physical examination of the plaintiff in a personal i...

Excerpt: ...Turcios (“Lesbia”). Plaintiff filed this action against Defendants County of Los Angeles, Lesbia Turcios, Jose Turcios, and Nancy Turcios, asserting causes of action for dangerous condition of public property, negligence, and negligent infliction of emotional distress. Lesbia, as well as co-Defendants Jose Turcios and Nancy Turcios (collectively, the “Turcios”), filed a cross-complaint against the County of Los Angeles (the “County”)....

Excerpt: ...”) (collectively, “Defendants”), asserting causes of action for medical negligence and medical battery. Specifically, Plaintiffs allege that Drs. Liu and Hsieh left a surgical instrument—a 6-0 Prolene needle—inside his body following surgery. Defendants demur to the second cause of action for medical battery, which Plaintiff opposes. The demurrer is sustained with leave to amend. LEGAL STANDARD “It is black letter law that a demurrer ...

Excerpt: ...nd general <0044000300460044005800 0057004c005200510003[for “other” and states: Amended complaint alleges intentional refusal by the insured party and their insurance company (USAA Casualty) to respond to plaintiff in a timely fashion following the incident. The claim was subsequently reported to the California Department of Insurance on February 15, 2018 (Complaint no. 8135818). Only then did defendant's insurance company respond on March 1,...

Excerpt: ...f previously resided. Plaintiff alleges that his neighbor attacked him, based on which he asserts claims for negligence and intentional tort against Defendants. Now, Defendants demur to Plaintiff's complaint, which Plaintiff opposes. The demurrer is sustained with leave to amend. Defendants also move to strike portions of the complaint, which is granted in the alternative. LEGAL STANDARD “It is black letter law that a demurrer tests the legal s...

Excerpt: ...d on an accident in which Plaintiff fell out of a wheelchair while riding on a shuttle bus at Los Angeles International Airport (“LAX”). Defendant moves for summary judgment on Plaintiff's complaint for negligence. The Court grants the motion for summary judgment. After Defendant filed a motion for summary judgment, and only four court days before the hearing, Plaintiff filed a request to dismiss the case against Defendant. That request is de...

Excerpt: ...sue, evidentiary, and monetary sanctions against Defendant, contending that Defendant failed to preserve or destroy video footage of her accident. Plaintiff alleges that Defendant has been evasive about video footage of Plaintiff's accident. The motion is denied. “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 ...

Excerpt: ...ampaign 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 impartial in this ...

Excerpt: ... Defendant moves for a protective order to preclude Plaintiff's wife, Lauren Swerdloff, M.D. (“Swerdloff”), from attending depositions in this matter. Plaintiff opposes the motion, and Defendant has waived any objection to the untimely opposition, which the Court also will consider. The motion is granted. LEGAL STANDARD The court may make an order to exclude a person, other than parties to the litigation and their counsel, be excluded from at...

Excerpt: ...fendant. Defendant now moves for summary judgment on Plaintiff's complaint, or, in the alternative, for summary adjudication of Plaintiff's causes of action for negligence and premises liability. 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...

Excerpt: ...s Aureus (“MRSA”) at Defendant's spa facility following a body scrub, herbal massage, and mineral bath. Defendant moves for summary judgment on Plaintiff's complaint for negligence. 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, a...

Excerpt: ...). The Court sets the reasonable rate of compensation for Maugeri at $500 per hour of deposition. As a treating health care practitioner, Maugeri is entitled to reasonable fees for his deposition testimony if Defendant will ask Maugeri “to express opinion testimony, including opinion or factual testimony regarding the past or present diagnosis or prognosis made by the practitioner or the reasons for a particular treatment decision made by the p...

Excerpt: ...r negligence against NRG Energy, Inc. (“Defendant”) and alleged that it owned the property where the filming occurred. Defendant now moves for summary judgment, arguing that it does not, in fact, own the property. Plaintiff does not oppose 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 ...

Excerpt: ...iff's complaint. 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.) “This rule of liberal construction means that the reviewing cou...

Excerpt: .... Defendant requests an order compelling Plaintiff to submit to an additional physical examination by an orthopedic surgeon because Plaintiff is asserting orthopedic injuries. 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: ...ants owned and operated. Plaintiff moves the Court for leave to amend to add a claim for punitive damages. The motion is denied without prejudice. DISCUSSION California Rules of Court, rule 3.124, requires the moving party to advance a declaration stating the effect of the amendment, why the amendment is necessary and proper, when the facts giving rise to the amended allegations were discovered, and the reasons why the request for amendment was n...

Excerpt: ...019. The Court hereby provides notice that it may take judicial notice of this order pursuant to Evidence Code 452(d). The Court will provide the parties an opportunity to be heard at the hearing, set for June 3, 2019, at 1:30 p.m. BACKGROUND Plaintiff Lon Daugherty (“Plaintiff”) was making a delivery to the U.S. Post Office in Glendale, California when he allegedly was injured by a dock leveler. Plaintiff filed this action in the Los Angeles...

Excerpt: ... and Emely Ayala (“Plaintiffs”) was in good faith. The unopposed 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-Bilt factors are: (1) a rough approximation of plaintiff's total recovery and the settlor's proportionate liability; (2) the amount paid in settlement; (3) t...

Excerpt: ...endant County of Los Angeles (“Defendant”) based on an incident in which co-Defendant Lesbia Turcios struck Cruz with her vehicle while Cruz was in a crosswalk. Defendant demurs to Plaintiff's first amended complaint. Plaintiffs oppose the demurrer. The demurrer is sustained with leave to amend. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc.(20...

Excerpt: ...8, the Court granted Harvester's motion for summary judgment. Then, Defendants John B. Johannessen and Johannessen Construction Company (collectively, “Johannessen”) filed a cross-complaint against Harvester asserting causes of action for express indemnity, equitable indemnity, contribution, declaratory relief, breach of contract relating to the duty to indemnify, and breach of contract relating to the duty to defend. Now, Harvester demurs to...