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: ...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...