Excerpt: ...e name as Plaintiff had been involved in another motor vehicle collision on May 4, 2010, and had been represented in related litigation by the Professional Lawyers Group (the “law firm”). Defendant served a subpoena on the law firm for: “Any and all records, except work product and attorney client communications, regarding Modesto Guillen, DOB: 10/13/1992, related to the incident of May 4, 2010 including all medical records and workers' com...

Excerpt: ...ntiff John Anthony Ferry (“Plaintiff”) was a patient under the care of Southern California Healthcare System, Inc., doing business as Southern California Hospital at Culver City, which is owned by Prospect Medica Holdings, Inc. (collectively, “Defendants”). Plaintiff alleges that another patient (“Michael B.”) with a known violent history entered his room and attacked him on January 26, 2016, while Plaintiff was restrained to his bed....

Excerpt: ...nd ears. Plaintiff alleges professional negligence because: (1) There is excess skin on her lower face and neck/jowls, which were supposed to be corrected by Defendant; (2) Her pointed left earlobe was supposed to be rounded but it was not; (3) Defendant reshaped her right earlobe without consent; (4) There is a stretched appearance of the skin on her face; and (5) A scar was worsened. (Complaint ¶ 13.) Plaintiff filed this action for profession...

Excerpt: ...ndants EAN Holdings LLC (“EAN”) and Ani Granata (“Granata”). Plaintiffs allege that they were injured when their vehicle collided with one owned by EAN and driven by Granata. EAN demurs, arguing that the complaint contains nothing more than conclusory pleadings. EAN also argues that the Graves Amendment, Title 49, United States Code, section 30106, preclude such claims against rental car companies. EAN requests that the Court take judicia...

Excerpt: ...s Air Force Base Health Clinic (the “Edwards AFB Health Clinic”). Defendant moves to compel Edwards AFB Health Clinic to comply with a deposition subpoena for Plaintiff's records. The motion is denied. DISCUSSION As an initial matter, the motion is denied for improper service. Because the Edwards AFB Health Clinic is not a party to this action, Defendant was required to personally serve this motion on Edwards AFB Health Clinic. (Cal. Rules of...

Excerpt: ...their neighbor, Defendant Debra Diaz (“Diaz”), who rented the house from Defendant Sharon Jones (“Defendant Jones”). Plaintiffs assert causes of action for: First Cause of Action – Negligence Second Cause of Action – “Common law strict liability based on known dangerous propensity” Third Cause of Action – “Statutory strict liability based on the dog bite statute” Fourth Cause of Action – Negligence of owners of residential...

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: ...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 impa...

Excerpt: ... and Victory Outreach Salinas (collectively “Victory Outreach”). Plaintiff alleges that he was required to perform volunteer work outside in order to reside at the home, which made him a target for gang members, given his visible tattoo. Plaintiff alleges that he eventually was shot on July 13, 2016. Plaintiff filed this action on January 9, 2018 against Victory Outreach, as well as Raul Astorga, the on-site manager, and Nicholas Langerica, t...

Excerpt: ...rt's clerk), the parties will waive their right to a hearing on this motion, and this order will issue. However, if at least one party requests a hearing, the Court will reschedule the hearing in this matter. The parties are ordered to notify the Clerk whether they are requesting a hearing. TENTATIVE ORDER ON MOTION BACKGROUND Plaintiff Jeffrey Slutske (“Plaintiff”) filed this action against Defendant Theresa Gratton (“Defendant”) followi...

Excerpt: ...tem, and Nina (collectively, “Plaintiffs”) filed this action on November 13, 2017 alleging Defendants Intex Crop., Intex Recreation Corp., and Intex Group (collectively, “Defendants”) sold a defective above-ground pool and pool ladder, which caused Nina's injuries. On January 30, 2019, the parties participated in an Informal Discovery Conference with the Court regarding Defendants' responses to Plaintiff's Requests for Documents and the d...

Excerpt: ...s this tentative order. If no party requests a hearing (by alerting the Court's clerk), the parties will waive their right to a hearing on this motion, and this order will issue. However, if at least one party requests a hearing, the Court will reschedule the hearing in this matter. The parties are ordered to notify the Clerk whether they are requesting a hearing. TENTATIVE ORDER ON MOTION BACKGROUND Plaintiff Valerie Lopez (“Plaintiff”) file...

Excerpt: ...party requests a hearing (by alerting the Court's clerk), the parties will waive their right to a hearing on this motion, and this order will issue. However, if at least one party requests a hearing, the Court will reschedule the hearing in this matter. The parties are ordered to notify the Clerk whether they are requesting a hearing. TENTATIVE ORDER ON MOTION BACKGROUND Plaintiffs Sonrisa Scott and Jane Doe, by and through his guardian ad litem ...

Excerpt: ...ndant Joyce Carlson (“Defendant”) attacked Plaintiff's dog, causing her to fall to the ground, on April 17, 2017. Defendant served interrogatories in this case, requesting “All medical records for treatment YOU received for anything relating to YOUR head, neck, or face within two years before or after the incident in dispute.” (Lange Decl., ¶ 3, Exh. #1, pp. 7-8.) The request was not limited to treatment concerning the alleged injuries. ...

Excerpt: ...earing (by alerting the Court's clerk), the parties will waive their right to a hearing on this motion, and this order will issue. However, if at least one party requests a hearing, the Court will reschedule the hearing in this matter. The parties are ordered to notify the Clerk whether they are requesting a hearing. TENTATIVE ORDER ON MOTION BACKGROUND Plaintiff Valentina Telimyan (“Plaintiff”) filed this action against Defendant Macy's West...

Excerpt: ...erting the Court's clerk), the parties will waive their right to a hearing on this motion, and this order will issue. However, if at least one party requests a hearing, the Court will reschedule the hearing in this matter. The parties are ordered to notify the Clerk whether they are requesting a hearing. TENTATIVE ORDER ON MOTION BACKGROUND Plaintiff Damian Perez (“Plaintiff”) alleges that he is a former gang member who lived at a rehabilitat...

Excerpt: ...considered the pleadings and posts this tentative order. If no party requests a hearing (by alerting the Court's clerk), the parties will waive their right to a hearing on this motion, and this order will issue. However, if at least one party requests a hearing, the Court will reschedule the hearing in this matter. The parties are ordered to notify the Clerk whether they are requesting a hearing. TENTATIVE ORDER ON MOTION BACKGROUND Plaintiff Val...

Excerpt: ...s a hearing (by alerting the Court's clerk), the parties will waive their right to a hearing on this motion, and this order will issue. However, if at least one party requests a hearing, the Court will reschedule the hearing in this matter. The parties are ordered to notify the Clerk whether they are requesting a hearing. TENTATIVE ORDER ON MOTION BACKGROUND Plaintiff Lon Daugherty (“Plaintiff”) was making a delivery to the U.S. Post Office i...

Excerpt: ...ting the Court's clerk), the parties will waive their right to a hearing on this motion, and this order will issue. However, if at least one party requests a hearing, the Court will reschedule the hearing in this matter. The parties are ordered to notify the Clerk whether they are requesting a hearing. TENTATIVE ORDER ON THE MOTION BACKGROUND Plaintiff James Silva (“Plaintiff”) filed this action on August 3, 2017 against Defendants T.J. Maxx ...

Excerpt: ...rom Defendant Hermoz B. Ayvazyan, D.P.M. (“Defendant”) upon his return to the United States. Plaintiff alleges that Defendant was negligent in providing care and treatment, specifically not advising surgery, which aggravated Plaintiff's injuries. Plaintiff asserts causes of action for professional negligence, negligent infliction of emotional distress, lack of informed consent, and breach of a fiduciary duty. Plaintiff's wife, co-plaintiff Ma...

Excerpt: ...on is granted. LEGAL STANDARD Per Code of Civil Procedure section 2034.610, subdivision (a), “On motion of any party who has engaged in a timely exchange of expert witness information, the court may grant leave to do either or both of the following: [¶] (1) Augment that party's expert witness list and declaration by adding the name and address of any expert witness whom that party has <0015001300160017001100 004700110003000b0044[)(1).) In ruli...

Excerpt: ...urt continued the trial date from October 5, 2018 to May 31, 2019. The Court continued the trial to permit Plaintiff to seek new counsel and prepare for trial. The Court did not move the discovery and discovery motion cut-offs when it continued the trial date, but rather advised the parties to bring any request to re-open discovery via noticed motion. Plaintiff then filed this motion to re-open discovery. In determining whether to re-open discove...

Excerpt: ...moves to quash deposition subpoenas for Plaintiff's medical and billing and employment records that Defendant served on: (1) Blue Shield of California; (2) Douglas E. Kevy, M.D.; (3) Medical Specialties Management, Inc.; (4) ProHealth Advanced Imaging; (5) Providence Health and Services/Billing; (6) Providence Health and services/Radiology Department; (7) Providence Saint John's Health Center; (8) Stephen Unterhalter, M.D.; (9) the Pole Garage; a...

Excerpt: ...e section 473(b). (See Zellerino v. Brown<0003005600480046005700 4c00520051000f0003> “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473, subd. (b).) Defendant's counsel, Mark B. Guterman (“Guterman”) has filed a dec...

Excerpt: ...'s a Blast,” for which the subcontractor was Defendant Earl Cookson, doing business as Surface Bright Pressure. The parties participated in a mediation through Judicate West on October 17, 2018, following which the parties agreed to settle globally for $150,000. Of that amount, Defendant Ralphs Grocery Company agreed to pay $75,000, and Defendant “It's a Blast,” agreed to pay <0003004400500052005800 00570057004f00480003[the case as part of ...

Excerpt: ...egligence and loss of consortium in the complaint. Defendant extracted 18 teeth from Plaintiff David Acosta (“Plaintiff”), who is married to co-Plaintiff Maria Acosta. Plaintiffs allege that, because Plaintiff has high blood pressure and uses an anticoagulant medication, Warfarin, he suffered severe bleeding following the procedure. Plaintiffs allege that Defendant was negligent in performing the extractions in light of Defendant's medical hi...

Excerpt: ...n with a vehicle owned and operated by Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”). Defendant moves to strike the allegations of negligent entrustment and negligent hiring. The motion 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 ...

Excerpt: ...“Defendants”). Specifically, Plaintiff alleges that Dr. Vatz performed surgery on her at Lakeside to address her complaints of persistent urinary tract infections and urinary incontinence. Plaintiff alleges that Dr. Vatz was negligent in her diagnosis, care, and treatment, as well as in the performance of the surgery. Based upon the foregoing, Plaintiff asserts a single cause of action for professional negligence. Defendants now move for summ...

Excerpt: ...ille, Kentucky when his vehicle overturned in Indianapolis, Indiana. The trailer allegedly was loaded in Compton, California by Defendant J.B. Hunt Transport, Inc., an Arkansas corporation, or a subsidiary (“Defendant Hunt”). The wheels were being shipped by Prime Wheel Corporation, a California corporation with its principal place of business in Gardenia, California (“Defendant Prime Wheel”). Based upon the foregoing allegations, Plainti...

Excerpt: ... motion. The motion is denied. A court must exclude the expert opinion of any expert that a party “unreasonably failed” to designate. (Code Civ. Proc., § 2034.300, subd. (a).) Here, Defendants served an expert designation on December 31, 2018, in which they did not designate any experts. Then, on January 24, 2019, Defendants served a supplemental expert designation, in which they designated a medical expert. “Within 20 days after the excha...

Excerpt: ...dant challenges . . . jurisdiction by bringing a motion to quash, the burden is on the plaintiff to prove the existence of jurisdiction by proving . . . the facts requisite to an effective service.” (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1439-40.) Defendant filed a motion to quash on January 18, 2019, and then an amended motion to quash on January 30, 2019. Both motions are untimely. As Plaintiff served Defendant via sub...

Excerpt: ...nder the supervision of Defendant Beverly Jackson (“Defendant”). Defendant is GAL's mother and Plaintiff's grandmother. Defendant moves to compel GAL to respond to deposition questions. The motion is granted with respect to all questions except for Question #1 through Question #4. The Court attempted to hold this hearing on March 6, 2019. There was a court reporter present, but both attorneys appeared via court call. The Court advised counsel...

Excerpt: ...Academy at Defendant Clubcorp Braemar Country Club, Inc. (“Defendant”) when he fell off a golf cart that Defendant's employee was driving. Plaintiff asserts causes of action for negligence and gross negligence, and he seeks punitive damages. Defendant moves to strike the prayer for punitive damages and all related allegations in the first amended complaint. The motion to strike is denied. Any party, within the time allowed to respond to a ple...

Excerpt: ...he death of his mother, Decedent Mei Di Zhang (“Decedent”). Decedent lived in an apartment complex owned and controlled by Defendants, which is where she died. Defendants served deposition subpoenas on: (1) Chinatown Service Center—Behavioral Health Division; (2) Chinatown Service Center—Alhambra Office; (3) County of Los Angeles Community and Senior Services Adult Protective Services East Los Angeles Office (the “County”), and (4) IH...

Excerpt: ... Plaintiff filed this action against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”), asserting causes of action for negligence and intentional infliction of emotional distress. Defendant moves for judgment on the pleadings on Plaintiff's complaint. The motion is granted with leave to amend. LEGAL STANDARD A motion for judgment on the pleadings has the same function as a general demurrer, but may be made after...

Excerpt: ... allowed to enter his lane. Plaintiff now seeks to file a first amended complaint, and Defendants oppose the motion. The motion is denied without prejudice as procedurally defective. 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 correc...

Excerpt: ...d or controlled by Safeway, Inc. and the Vons Company (“Defendants”). Plaintiff asserts a cause of action for negligence, and her husband, co-Plaintiff Patrick Leitheiser, asserts a cause of action for loss of consortium. Plaintiff claims that she is suffering from depression as a result of the fall. Defendants' expert, Dr. Phillip O'Carroll, attempted to conduct a neurological examination of Plaintiff, but he was unable to perform the examin...

Excerpt: ...working on a project. Defendant moves for summary judgment on Plaintiff's complaint, or, in the alternative, summary adjudication of the causes of action for negligence and premises liability in the complaint. Plaintiff opposes the motion. The City of Carson, a co-defendant, also opposes the motion, but it lacks standing to do so, as the motion is directed at Plaintiff's claims. The Court denies the motion for summary adjudication of the negligen...

Excerpt: ...amages allegations in the complaint. In the complaint, Plaintiff Nicole Dembowich (“Plaintiff”) alleges that she and Flores are residents of the Eaves, and that Flores's dog attacked her in a common area of the community. The motion to strike the punitive damages allegations against Flores is denied. The motion to strike the punitive damages allegations against the Eaves is granted with leave to amend. LEGAL STANDARD Any party, within the tim...

Excerpt: ...fendants move to compel the mental examination of Plaintiff by neuropsychologist George Henry, Ph.D. The motion is granted. DISCUSSION Per Code of Civil Procedure section 2032.310, a party that seeks to require another party to submit to a mental examination must obtain leave of the Court. The motion to compel a mental examination must specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and s...

Excerpt: ...n August 11, 2017, asserting causes of action for general negligence and premises liability. Defendant now moves for summary judgment, and Plaintiff opposes the motion. 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: ...d Estacuy-Lopez (“Decedent”). Plaintiffs allege that Decedent died as a result of a motor vehicle accident on the Interstate 5 in Kern County. (Complaint, ¶ 2.) Defendant California Department of Transportation (“Defendant”) moves to transfer the venue in this action to Kern County. Plaintiffs have not opposed the motion. The motion is granted. LEGAL STANDARD If a defendant contends that that the Court in which the plaintiff filed the co...

Excerpt: ...nder the supervision of Defendant Beverly Jackson (“Defendant”). Defendant is GAL's mother and Plaintiff's grandmother. Defendant moves to compel GAL to respond to deposition questions. The motion is granted with respect to all questions except for Question #1 through Question #4. LEGAL STANDARD Per Code of Civil Procedure section 2025.480, if a deponent fails to answer any question at deposition, the party that noticed the deposition may mov...

Excerpt: ...plaint, Plaintiff alleges that Defendant performed an anterior cervical discectomy and fusion on Plaintiff. Plaintiff alleges that he believed Defendant would use cadaver bone to perform the surgery, but Defendant instead used an experimental substance called Osteocel. Plaintiff alleges Defendant did not inform him about the planned use of Osteocel, and that Plaintiff would not have consented to Defendant's use of Osteocel. Plaintiff alleges that...

Excerpt: ...Defendant”) when she was injured. Specifically, Plaintiff used a curved barbell bar, which then fell on her on or about December 28, 2016. On or about November 14, 2017, plaintiff filed this action asserting the following causes of action: (1) Gross Negligence; (2) Premises Liability; and (3) Negligent Hiring, Supervision, and Retention. Plaintiff also seeks punitive damages. Defendant moves for summary judgment or, in the alternative, summary ...

Excerpt: ...heir neighbor, Defendant Debra Diaz (“Diaz”), who rented the house from Defendant Sharon Jones (“Defendant Jones”). Plaintiffs assert causes of action for: First Cause of Action – Negligence Second Cause of Action – “Common law strict liability based on known dangerous propensity” Third Cause of Action – “Statutory strict liability based on the dog bite statute” Fourth Cause of Action - Negligence of owners of residential re...

Excerpt: ...l education class. Specifically, she alleges that she ran into another student during an exercise, causing a head injury and brain trauma. Plaintiff filed a third amended complaint (the “TAC”) asserting causes of action for general negligence, and vicarious liability under Government Code sections 815.2 and 820. Defendant demurs to the TAC, which Plaintiff opposes. The Court sustains the demurrer in part and overrules the demurrer in part. LE...

Excerpt: ...iff Amir M. Abdalla (“Plaintiff”) filed a complaint on October 7, 2017, alleging causes of action for motor vehicle and general negligence. On June 5, 2018, Defendant Ean Holdings, LLC (“Defendant EAN”) was dismissed by Plaintiff's motion. On August 15, 2018, Defendants Nicolette Elargo and Arnold Joonho Lee (“Cross-Complainants”) filed a cross- complaint against previously dismissed Defendant EAN for: (1) equitable indemnity, (2) con...

Excerpt: ... approve the disposition of proceeds of judgment for a minor claimant. The Court continues the hearing on the petition to allow the Probate Department time to review the terms of the special needs trust. Accordingly, the hearing on the petition is CONTINUED to April 26, 2019, at 1:30 p.m. in Department 5. Petitioner is also ordered to submit a revised petition and amended orders correcting or supplementing the following issues identified by the C...

Excerpt: ... October 1, 2018, the Court granted Defendant's motions to compel answers to request for production of documents, special interrogatories, and form interrogatories. The Court ordered Plaintiff to serve verified responses within thirty (30) days of notice of the order. Plaintiff and Plaintiff's counsel were also ordered to pay monetary sanctions in the amount of $780.00. Defendants filed this motion on November 21, 2018, representing that Plaintif...