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: ...“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: ...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: ...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: ...l (USA), Inc. (“Defendant”). Specifically, Plaintiff alleges that she slipped and fell on wet tile outside the Hard Rock Café restaurant at the Universal Citywalk on December 13, 2015. 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...

Excerpt: ...workers' compensation matter (Bergener, Mirejovsky, and Associates). The subpoena seeks “Any and all records, except work product and attorney client communications, regarding Modesto Guillen, DOB: 10/13/1992, related to the incident of October 21, 2016 including all medical records and workers' compensation claims.” (Motion to Quash Defendants' Subpoena, p. 5.) The motion is granted. LEGAL STANDARD If a subpoena requires the attendance of a ...

Excerpt: ... and Plaintiffs Jorge Fernandez, Maria Sanchez, Wendy Fernandez, and Janeth Fernandez (“Plaintiffs”) was made in good faith. The motion is not opposed. The Court grants the motion. In Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, the court set forth the factors to consider when determining whether a settlement is made in good faith. The Tech-Bilt factors are: (1) a rough approximation of plaintiff's total recovery and t...

Excerpt: ...t to appear for deposition. Defendant opposes the motion. The motion is granted. 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 deposition notice, the party that noticed the deposition may move for an order to compel the deponent to attend and testify at deposition. (Code Civ. Proc., §2...

Excerpt: ...ly, “Defendants”) for professional negligence. The undisputed facts concerning Dr. Bukata's role are as follows: - Plaintiff was seen by Dr. Bukata, who diagnosed him. (Plaintiff's Statement of Undisputed Facts, ¶ 3.) - Dr. Bukata discussed the risks and benefits of surgery, and Plaintiff agreed and signed the consent form. (Id., ¶ 4.) - Dr. Bukata performed surgery on September 6, 2015. (Id., ¶ 5.) - Dr. Bukata issued post-operative order...

Excerpt: ...leges that a passenger was disembarking from a train and fell on Plaintiff, causing injury. Defendant moves for summary judgment under the Federal Employers' Liability Act, and Plaintiff opposes the motion. The motion for summary judgment 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: ...) based on an accident in which Acevedo, while acting in her capacity as a driver for NEA Delivery, struck Plaintiff with her vehicle while he was riding his bicycle. Defendants move to transfer venue to Orange County, arguing that Orange County is the location of the incident and more convenient for the witnesses. The motion is denied. LEGAL STANDARD If a defendant contends that that the court in which the plaintiff filed the complaint is the wr...

Excerpt: ...Company (collectively, “Defendants”) based on injuries Patricia sustained when she tripped over the concrete berm surrounding a cart corral in a Ralph's parking lot. The Court previously denied Plaintiffs' motion for trial preference per Code of Civil Procedure section 36, subdivision (a) in its order of February 1, 2019. Now, Plaintiffs renew their motion. Defendants oppose the motion. The motion is denied, not only for lacking evidentiary s...

Excerpt: ...ical wiring. However, in their interrogatory responses, Plaintiffs stated that the precise location of the fire was “[a] TV electrical strip plugged into the wall, by the foot side of [the] bed.” (Declaration of Gary H. Klein in Support of Motion for Summary Judgment, Exh. E, p. 3.) Plaintiffs named the City of Los Angeles and the Housing Authority of the City of Los Angeles, as well as the John Stewart Company (“Defendant”), which manage...

Excerpt: ...intiff alleges that Dr. Benjamin Lesin breached the standard of care with respect to his surgery and treatment. Specifically, Plaintiff alleges that: (1) He had an initial consultation on November 11, 2016; (2) Defendant performed surgery on December 14, 2016; (3) Defendant removed splint and staples on December 27, 2016;[1] (4) Defendant removed the cast on February 7, 2017; (5) Defendant removed the K-wires on March 6, 2017; (6) a CT scan was p...

Excerpt: ...nt Los Angeles County Metropolitan Transportation Authority (“Defendant”) on February 22, 2017. Plaintiff submitted a “Claim for Damages” to Defendant on March 13, 2017, which was rejected by Defendant on April 11, 2017. On September 18, 2017, Plaintiff filed a Complaint against Defendant. On January 22, 2019, Plaintiff filed a First- Amended Complaint (“FAC”) alleging Motor Vehicle and General Negligence and seeking exemplary damages...

Excerpt: ...Marsh (“Defendants”) for general negligence and premises liability based on an incident in which a metal railing over a window at a condominium failed, causing Plaintiff to fall two stories to the ground. Defendants contend that Ventura County is the appropriate venue, because it is the location of the incident and more convenient for the witnesses. The motion is denied. LEGAL STANDARD If a defendant contends that that the court in which the ...

Excerpt: ...fendant”). 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. 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 mate...

Excerpt: ...ed on injuries she allegedly sustained when her foot got caught in a bicycle that was leaning against the wall at Defendant's retail location. The complaint seeks compensatory damages, punitive damages, and unspecified damages in the amount of $80,000. Defendant moves to strike punitive damages allegations in the complaint, as well as the request for $80,000 in damages. Plaintiff has not opposed the motion. The motion is granted with leave to ame...

Excerpt: ...ng Action on behalf of Plaintiff and Minor Claimant, Cecia Dianne Fuentes. The Court finds the settlement itself is fair and reasonable and is prepared to approve it. However, the Court is also not in receipt of a proposed order to deposit money into a blocked account. More important, there are insufficient facts showing that the amount of attorney's fees sought by counsel is reasonable. TheCourt must apply a reasonable fee standard in approving ...

Excerpt: ...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 matter. ...

Excerpt: ...cy Habib (“Plaintiffs”) and Defendant Robert Olson (“Defendant”). Trial is set for April 17, 2019. However, Defendant proffers documentation establishing that he is an officer on active duty with the United States Navy, and he seeks a stay of this action under the Servicemembers Civil Relief Act, Title 50, United States Code, section 3932. Plaintiffs oppose the motion. The motion is granted. LEGAL STANDARD Section 3932 provides that upon ...

Excerpt: ...ributions to Michael N. Feuer: (1) $100 to Mr. Feuer's 2008 campaign for the 42nd Assembly District on or about November 9, 2007; (2) $100 to Mr. Feuer's 2010 campaign for the 42nd Assembly District on or about October 19, 2010; and (3) $100 to Mr. Feuer's 2013 campaign for Los Angeles City Attorney on or about May 30, 2012. Judge Goorvitch has no personal relationship with Mr. Feuer and has had no communications with Mr. Feuer since he became th...

Excerpt: ...gainst the Rehabilitation Centre of Beverly Hills (“Defendant”). Plaintiff alleges the following: Plaintiff was admitted to Defendant's facility for post-surgery recovery on October 3, 2016. Approximately five days later, on October 8, 2016, an occupational therapist named “Tavett” grabbed Plaintiff's surgical hospital gown and touched Plaintiff inches above the bottom of his gown. Tavett simultaneously pulled out Plaintiff's drainage tub...

Excerpt: ...neral negligence against Defendant Carlos Yanez, Jr. (“Defendant”) following a motor vehicle accident that occurred on April 22, 2017. On December 19, 2018, Defendant issued a deposition subpoena for Plaintiff's insurance records, medical records, correspondence, payments, claims, and any other documents contained within Plaintiff's insurance file from Farmers Insurance Exchange. Plaintiff now moves to quash the subpoena. The motion is denied...

Excerpt: ...he complaint alleges no facts concerning the basis for this action. In other words, Plaintiff did nothing more than check the boxes to indicate the causes of action, but provides no facts concerning what happened giving rise to this action. Defendant demurs to the complaint, arguing that Plaintiff's complaint fails to state any facts constituting a cause of action. The Court sustains the demurrer. LEGAL STANDARD A demurrer can be used only to cha...

Excerpt: ...ile it was under construction by Defendants John B. Johannessen and Johannessen Construction Company (“Defendants”). Plaintiff also named 30081 Harvester Road, LLC (“Harvester”), which acquired the property as part of a refinancing. On September 13, 2018, the Court (Lu, J.) granted summary judgment in favor of Harvester. Now, Defendants seek to file a cross-complaint for indemnity against Harvester, who opposes the motion. The Court grant...

Excerpt: ...y 7, 2016. Defendant moves to reclassify the action as a limited civil case, arguing the amount in controversy in this case is less than $25,000.00, because the case involved injury to Plaintiff's toe, and the medical bills are far below the jurisdictional amount. Plaintiff does not oppose the motion. Therefore, the motion is granted. LEGAL STANDARD Code of Civil Procedure section 86 defines a limited civil case as a case at law in which the dema...

Excerpt: ...n of good faith settlement between Plaintiff Jacklyn Chi and Defendant Darren Young. The motion was noticed for hearing on February 26, 2019, at 1:30 p.m., which is when the Court normally hears such motions. Due to a calendar error, it was scheduled for 8:30 a.m. Some parties appeared at 8:30 a.m., and one party appeared at 1:30 p.m. Therefore, the Court continued the hearing to February 28, 2019, at 1:30 p.m., the same date and time of the same...

Excerpt: ...ment from 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-plaint...

Excerpt: ...endant Nussbaum”) (collectively, “Defendants”) for medical malpractice. Defendants filed motions for terminating sanctions for failure to comply with the Court's discovery orders. Plaintiff has filed no opposition to the motions, which are granted. LEGAL STANDARD Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, issue, evidence or monetary sanctions. (CCP, §§ 2023.010(g), 2030.290(c); R.S. C...

Excerpt: ...e complaint <0056005700030016001300 00440051004700030027[ecember 8, 2017, the Court held OSC re: Dismissal for Failure to Serve or Prosecute. In each instance, Plaintiff appeared, and the Court granted her additional time to serve the complaint. At the final hearing, Plaintiff represented that she intended to file a first amended complaint. No such amended complaint was ever filed. The Court held another hearing on March 26, 2018, during which th...

Excerpt: ... of the gymnasium, causing injury. She filed this action, asserting a single cause of action for negligence based on a premises liability theory. Defendants move for summary judgment, which Plaintiff opposes. The Court denies summary judgment. LEGAL STANDARD In deciding a motion for summary judgment, the Court must determine whether there is sufficient evidence to create a triable issue. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 8...

Excerpt: ...practice. Plaintiff contends Defendants failed to diagnose his cancer in a timely manner, which resulted in Plaintiff's undergoing more intensive chemotherapy, leading to more serious side effects. The complaint alleges that Plaintiff suffered from “great mental . . . pain and suffering.” (Complaint at ¶ 11.) Defendants move to compel the mental examination of Plaintiff by psychologist Ari Kalechstein, Ph.D. Plaintiff opposes the motion, arg...

Excerpt: ...nt operated by Defendants Clubcorp Braemar Country Club, Ryan Wingo, and Alex Fultz (collectively, “Defendants”). Defendants move to compel Plaintiff to respond to a pretrial interrogatory and request for production of documents in order to supplement past responses. Also, Defendants filed an ex parte application to compel three psychological examinations and to extend the deadline for those examinations. The Court grants in part and denies i...

Excerpt: ...he suffered a traumatic brain injury as a result. Defendant moves to compel the mental examination of Plaintiff by psychologist Ari Kalechstein, Ph.D. Plaintiff filed an opposition stipulating to the mental health examination in accordance with the Code of Civil Procedure. Plaintiff opposes sanctions. 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 e...

Excerpt: ...ler (“Butler”) contests the application for determination of good faith settlement. Wei's application for determination of good faith settlement is granted. Butler's motion to contest good faith settlement is denied. In Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, the 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 appro...

Excerpt: ...thority (“Defendant”) owned and operated. On October 11, 2016, the Court granted Defendant's motions to compel discovery responses from Plaintiffs and ordered Plaintiffs to provide verified responses within 20 days of notice of the Court's order, as well as to each pay $600 in monetary sanctions to Defendant. On November 7, 2016, the Court denied Plaintiffs' motion for reconsideration of the Court's order of October 11, 2016, as Plaintiffs di...

Excerpt: ...og attacked him. Defendants move to strike punitive damages allegations and the request for attorneys' fees in the complaint. 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 motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On a motion to strike, the Court may: (1)...

Excerpt: ...efendant's store attacked him, causing injury. Defendant moves to strike punitive damages allegations in the third amended complaint. Plaintiff opposes the motion. 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 motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On ...

Excerpt: ... San Gabriel, California due to an unspecified “dangerous condition.” Plaintiff asserts causes of action for: (1) Liability for Dangerous Condition of Public Property under Government Code section 835; (2) Vicarious Liability for the Wrongful Acts of Omissions by Public Entity Employees and/or Retention of Unfit Employees under Government Code section 815.2; and (3) Premises Liability. On August 27, 2018, Defendant RKA Consulting Group (“RK...

Excerpt: ...itan Los Angeles (“Defendant”). On November 19, 2018, the Court (Lu, J.) granted Defendant's motion to deem requests for admissions to be admitted. On November 20, 2018, Defendant filed this motion for summary judgment. In the moving papers, Defendant relies exclusively on the deemed admissions. Then, Plaintiff filed a motion to be relieved from her deemed admissions, which the Court (Goorvitch, J.) granted. At the hearing, the Court inquired...

Excerpt: ... based on injuries he sustained after he fell at Defendants' property. Defendants move for an order compelling Plaintiff to submit to a physical examination. Defendants also move to compel Plaintiff to sit for deposition. Plaintiff has not opposed the motions. The motions are 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 plai...

Excerpt: ...ss PC, via AT&T Global Legal Demand Center (“AT&T”), to obtain Plaintiff's cell phone records from the date of the motor vehicle accident that is the subject of this case. The motion to quash is granted in part and denied in part. DISCUSSION Code of Civil Procedure section 1987.1 provides, “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a co...

Excerpt: ... a subpoena. The motion is granted without prejudice to Defendant re-serving the subpoena if discovery is re-opened. DISCUSSION Code of Civil Procedure section 1987.1 provides, “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by ...

Excerpt: ...riakose Chackovadana (“Defendant”) based on injuries they sustained in a motor vehicle collision. Plaintiffs move to compel Defendant's deposition. Defendant opposes the motion. The motion is denied. 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 deposition notice, the party that not...

Excerpt: ... motion 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...

Excerpt: ...ion with Defendants. Plaintiff asserts a single cause of action against Defendants for negligence. Currie moves for summary judgment against Plaintiff on the ground that she was not responsible for causing or contributing to the accident. The Court (Lu, J.) previously considered the motion on October 18, 2018, and continued the motion to this date to permit the parties to file supplemental briefing and evidence. Currie did not file any additional...

Excerpt: ...1) $100 to Mr. Feuer's 2008 campaign for the 42nd Assembly District on or about November 9, 2007; (2) $100 to Mr. Feuer's 2010 campaign for the 42nd Assembly District on or about October 19, 2010; and (3) $100 to Mr. Feuer's 2013 campaign for Los Angeles City Attorney on or about May 30, 2012. Judge Goorvitch has no personal relationship with Mr. Feuer and has had no communications with Mr. Feuer since he became the City Attorney. The Court can b...