Excerpt: ... at a shopping center owned and operated by Westfield, LLC. Plaintiff asserts causes of action for negligence and premises liability. Defendant Professional Security Consultants, Inc. (“Defendant”) which provided security services at the mall. Now, Defendant moves for summary judgment. Defendant also moves for sanctions against Plaintiff and her counsel, the law firm of Carpenter, Zuckerman & Rowley (“Plaintiff's counsel”), under Code of ...

Excerpt: ...efendant opposes the motion. The motion is granted. LEGAL STANDARD Code of Civil Procedure section 1987.1 provides, “If a subpoena requires the attendance of a witness or the production of books, documents, 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 [a party or a witness] . . . may make an order quashing the s...

Excerpt: ...e stairway of Defendant's hospital. Plaintiff asserts causes of action for negligence and premises liability. Now, Defendant moves for summary judgment or, in the alternative, summary adjudication. Plaintiff does not oppose the motion for summary adjudication with respect to the second cause of action (for negligence), so that motion is granted as stipulated. However, the motion for summary adjudication is denied with respect to the first cause o...

Excerpt: ...t the time of the accident, Plaintiff was working for In and Out Removal Services (“In and Out”), which was a demolition subcontractor on a project to remodel office space. The general subcontractor on the project, Commercial Builders, Inc. (“CBI”), hired Defendant to disconnect and empty a fire suppression tank at the office space. Plaintiff alleges as follows:  “Plaintiff observed employees of [Defendant] emptying the tanks.” - �...

Excerpt: ...fendant”). Plaintiff asserts causes of action for negligence and premises liability. Now, Defendant moves for summary judgment on Plaintiff's 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 onl...

Excerpt: ...ped and fell at Defendant's restaurant. Defendants now move for summary judgment on Plaintiff's complaint, or, in the alternative, summary adjudication of the causes of action for negligence and premises liability. Plaintiff opposes the motion, which is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of...

Excerpt: ... a touch football game while a student at one of Defendant's schools. Plaintiff asserts a single cause of action for negligence. Defendant moves for summary judgment, arguing that it owed no duty to Plaintiff, or in the alternative, that it satisfied its duty to protect Plaintiff from reasonably foreseeable risks. Plaintiff opposes the motion, which is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasio...

Excerpt: ...(1) negligence, (2) premises liability, (3) negligence under the California Building Code, (4) fraudulent, unlawful, or unfair business practices under Business and Professions Code section 17200 et seq., and (5) declaratory relief. Defendant demurs to the fourth cause of action for unfair competition and the fifth cause of action for declaratory relief. No opposition was filed. The demurrer is sustained with leave to amend. LEGAL STANDARD A demu...

Excerpt: ... negligence against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”). Plaintiff filed a first amended complaint (the “FAC”) on November 14, 2018, again asserting a cause of action for motor vehicle negligence against Defendant. Defendant demurs to the complaint, arguing that Plaintiff's action is untimely because the FAC was filed over six months after his government claim was rejected. The demurrer is over...

Excerpt: ...son (“Defendant Simpson”) contests the application for determination of good faith settlement. Defendant Young's application for determination of good faith settlement is granted. Defendant Simpson's motion to contest good faith settlement is denied. 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 fact...

Excerpt: ...seek punitive damages. Defendants Cynthia Rocio Sebastiani, Luis Sebastiani, and Amelia Sebastiani (“Defendants”) move to strike the punitive damages claim. 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 Court, rule 3.1322, subd. (b).) On a motion to strike...

Excerpt: ...nts' hospitals not in his capacity as a patient or an insured, but rather to visit a friend or relative. During that visit, Plaintiff allegedly was struck from behind by a food cart being pushed by one of Defendants' employees. Plaintiff filed this action, and Defendants move to compel arbitration. Defendant's motion is denied. LEGAL STANDARD The moving party on a motion to compel arbitration “bears the burden of proving the existence of a vali...

Excerpt: ...ff filed the operative complaint against Defendant asserting a cause of action for Motor Vehicle <00030057004b0048000300 00480051005700480055[ed against her set aside, Defendant filed the instant Demurrer to the Complaint. Defendant argues that the cause of action asserted in this case is the same as one asserted in a former case,viz., Deisi Guerrero v. Amado Correa Martinez, Case No. BC658873. Therefore, Defendant seeks to have this case dismiss...

Excerpt: ...aureen Flanigan. On September 5, 2018, Defendant propounded requests for production of documents on Plaintiff. (Worgul Decl. ¶ 5.) On October 16, 2018, Plaintiff provide responses. (Worgul Decl. ¶ 6.) On multiple occasions thereafter, Defendant sought to meet and confer with Plaintiff regarding the sufficiency of these responses. (Worgul Decl. ¶¶ 7-12.) Defendant filed the instant motion to compel further on December 18, 2018. The Court held ...

Excerpt: ..., 2016. Then, Plaintiff did not appear on the trial date of July 14, 2017. Therefore, the Court (Osorio, J.) dismissed the case for lack of prosecution. The Court granted Plaintiff's motion to have the dismissal set aside on October 17, 2017. Plaintiff eventually filed a proof of service for Defendant Ismael Rivera (“Defendant”) on October 29, 2018. Now, Defendant specially appears to move for an order quashing the service of the summons in t...

Excerpt: ...ntiff Jose Duran (“Plaintiff”). Plaintiff has filed no opposition to this motion. The Court grants the motion. On October 16, 2018, Defendant served the discovery on Plaintiff. Plaintiff's responses were due on November 20, 2018. Defense counsel inquired regarding the non-response on December 4, 2018 to Plaintiff via mail and demanded responses. As of the filing of the motions on December 21, 2018, Defendant has not received responses from Pl...

Excerpt: ...ng on an overpass that crosses the 110 Freeway at West 220th Street. Plaintiff asserts a single cause of action for government liability – dangerous condition of public property. Plaintiff initially brought this action against Defendants California Department of Transportation, Los Angeles Unified School District, City of Torrance, City of Carson, City of Los Angeles, and County of Los Angeles. Plaintiff subsequently dismissed the City of Torra...

Excerpt: ...). Plaintiff 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...

Excerpt: ...vehicle collision. The vehicle driven by Manuel Mendez Jr. (“co-defendant Mendez”) stalled, and the Decedent collided with it, setting off a chain reaction resulting in Decedent's death. Defendant Tommy Wu (“Defendant Wu”) had changed lanes to avoid hitting either co-Defendant Mendez or the Decedent. Defendant Wu now moves for summary judgment. Plaintiff opposes the motion, as do co-defendants Janice Marie Rice and Mendez. However, the mo...

Excerpt: ...iff's psychotherapists. Plaintiff moves to quash the subpoenas, which Defendants oppose. The motions are granted. 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 [a ...

Excerpt: ...d her initial complaint on January 10, 2017, asserting causes of action for premises liability, dangerous condition of public property, and general negligence. On March 13, 2018, Defendant filed this motion for summary judgment arguing, among other things, that Plaintiff identified the wrong address in the initial complaint. On January 7, 2019, the Court granted Plaintiff leave to file a first amended complaint, which was filed and asserted the s...

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 does not oppose. The Court grants 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.4t...

Excerpt: ...ING LEBLANC TO TRANSFER PLAINTIFF'S FILE 3. D'ATTARAY'S EX PARTE APPLICATION TO STRIKE LEBLANC'S MOTION FOR AN ORDER APPOINTING A NEW GUARDIAN AD LITEM 4. LEBLANC'S MOTION FOR AN ORDER APPOINTING A NEW GUARDIAN AD LITEM INTRODUCTION Jeff LeBlanc, Esq. (“LeBlanc”) represented Curtis Jackson, Jr. (“Plaintiff”), by and through his guardian ad litem and father, Curtis Jackson (“Jackson”), in a personal injury action that resolved. Before ...

Excerpt: ...Michael Shapiro, asserting a single cause of action for professional negligence arising from hip replacement surgery. Defendant Michael Shapiro (“Defendant”) now moves for summary judgment. The Plaintiff has not filed any opposition. 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 evidentiary support for a pleading or claim and to enable an or...

Excerpt: ...ndants Philip Ulloa and Classic Distributing and Beverage Group, Inc. (collectively “Defendants”) for injuries he sustained in a motor vehicle collision. On October 10, 2018, the Court granted an ex parte application to continue the trial to March 4, 2019, but the Court did not extend the discovery and motion cutoff date. Defendants move to reopen discovery with respect to Plaintiff's claim for lost earnings. Defendants also move to compel th...

Excerpt: ...l negligence 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 medic...

Excerpt: ...r issue, evidentiary, and monetary sanctions against Defendant, contending that Defendant failed to preserve or destroy video footage of her 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 v. Garcetti (1998) 68 Cal.App.4th 675, 680.) Under California law, a party cannot destroy e...

Excerpt: ... order to preclude Defendant from continuing the deposition of Everette Cain (“Cain”), who is Plaintiff's grandnephew, and also a member of the church. Plaintiff also moves to compel compliance with a subpoena Plaintiff served on third-party Kaiser Foundation Health Plan (“Kaiser”). Both motions are denied. DISCUSSION A. Motion for Protective Order Code of Civil Procedure section 2025.420 provides, “The court, for good cause shown, may ...

Excerpt: ... occurred on May 23, 2016. The Court previously struck the prayer for punitive damages and attorney's fees based on Plaintiffs' failure to plead sufficient facts. Plaintiff filed a first amended complaint with additional allegations, including that Defendant Victor Asemota “fled the scene of the accident without identifying himself and/or providing any assistance to Plaintiff.” (FAC ¶¶ 15, 23.) The first amended complaint also alleges that ...

Excerpt: ...f Documents (“RPD”), set one; (2) Form Interrogatories (“FROG”), set one, and (3) Special Interrogatories (“SROG”), set one. The motions are denied, and the Court declines to award sanctions. Defendant served the FROG, SROG and RPD on Plaintiffs by mail on May 31, <0003002d0058004f005c00 00110003000300320051> August 1, 2018, Defendant granted Plaintiffs an extension of time to serve responses by September 5, 2018. Plaintiffs served re...

Excerpt: ...r, filed this action by and through her Guardian ad Litem Celia Palma Hernandez alleging that she was physically and verbally threatened, abused, harassed, assaulted, and sexually assaulted by multiple fellow students. Plaintiff asserts a single cause of action against Defendant Los Angeles Unified School District (“Defendant”), erroneously sued as “Hyde Park Elementary School,” for failing to supervise students adequately. Defendant move...

Excerpt: ..., against 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 ...

Excerpt: ...”), an employee of defendant Lakewood Regional Medical Center, Inc. (“Defendant Lakewood”) (collectively, “Defendants”), when she inquired about some hospital records relating to her mother's care. Plaintiff asserts causes of action for assault and battery, and seeks various damages, including punitive damages. Plaintiff now seeks pretrial discovery concerning Defendants' finances. Defendants oppose the motion. The motion is denied beca...

Excerpt: ...ourt would take the hearing off-calendar and issue the tentative as the final order. At least one party requested a hearing. Therefore, the hearing on this motion is continued to February 15, 2019, at 1:30 p.m. The Court's clerk shall provide notice of the new hearing date and time. The Court issues the following tentative in advance of the hearing. BACKGROUND <004c00510057004c004900 004a00480047004f005c[ fell at a property managed by Defendant W...

Excerpt: ...remises liability after Plaintiff was bitten by a dog. It is undisputed that Defendant owns a property across the street from the location of the attack. On July 24, 2018, Plaintiff filed amendments to complaint, substituting in Michael Slaurs, “Mr. Slaurs,” and “Mrs. Slaurs” for Does 1, 2, and 3, respectively. Defendant now moves for summary judgment. Plaintiff opposes the motion. The motion for summary judgment is granted. LEGAL STANDAR...

Excerpt: ...f Documents (“RPD”), set one; (2) Form Interrogatories (“FROG”), set one, and (3) Special Interrogatories (“SROG”), set one. The motions are denied, and the Court declines to award sanctions. Defendant served the FROG, SROG and RPD on Plaintiffs by mail on May 31, <0003002d0058004f005c00 00110003000300320051> August 1, 2018, Defendant granted Plaintiffs an extension of time to serve responses by September 5, 2018. Plaintiffs served re...

Excerpt: ...r punitive damages. Plaintiff opposes the motion. The motion is denied. 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) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out...

Excerpt: ...laintiff's forehead with the sharp glass cup that was left unattended on the counter of the bar for no apparent reason.” (Complaint at p. 4.) Plaintiff asserts causes of action for general negligence and intentional tort, alleging that Defendant “did nothing to prevent the attack or help Plaintiff secure the assaulting patron's information after the attack.” (Complaint at p. 5.) Plaintiff also alleges that Defendant did not stop the patron ...

Excerpt: ...cle collision. Plaintiffs move to strike Paragraph #4 and Attachment #4, including all exhibits, from Defendants' answers. The unopposed motion to strike is granted. 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) st...

Excerpt: ...azar”) (collectively, “Plaintiffs”) as a discovery sanction. The motion is granted as to an order dismissing Haring's claims. The motion is denied without prejudice as to Salazar's claims. LEGAL STANDARD The Court has discretion to impose terminating sanction when a party willfully disobeys <0011001300140013000f00 004a000c000f00030015>030.290, subd. (c).) The Court may impose a terminating sanction by dismissing the party's action. (Code Ci...

Excerpt: ...eges as follows: Plaintiff complains and alleges that ORACLE INTERNATIONAL CORPORATION failed to respect the duty of care to act as a responsible entity that would behave in accordance to the Constitution of the United States of America and its laws. Defendant ORACLE INTERNATIONAL CORPORATION breached an obligation not arising out of contract, where it is proven by clear and convincing evidence that the Defendant is liable and guilty of oppressio...

Excerpt: ...g Plaintiff to submit to a physical examination. Plaintiff opposes the motion. 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., § 203...

Excerpt: ...an Transportation Authority (“Defendant Metro”). Plaintiff filed the complaint on October 5, 2018, asserting a claim for motor vehicle negligence. Defendant Metro demurs to the complaint, arguing that Plaintiff has not alleged any facts demonstrating compliance with the California Government Tort Claims Act, viz., Government Code section 900,et seq. Plaintiff opposes the demurrer, arguing that the complaint provides sufficient information. Th...

Excerpt: ...bursed Mr. Girardi 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 Ripsime Yesayan (“Plaintiff Yesayan”) and her husband, Haykaz Shimshiryan (“Plaintiff Shimshiryan...

Excerpt: ...ndant”). (Complaint at p. 4.) Plaintiff was not an employee of Defendant but rather worked for Select Staffing Services (“Select Staffing”). (Undisputed Material Fact No. 8.) As such, Plaintiff was on the Select Staffing payroll and was assigned to Defendant's plant in Irwindale, California. (Ibid.) Plaintiff asserts a single cause of action for premises liability, alleging there was water on the stairs; there was not proper weatherproofing...

Excerpt: ..., 2019, at 4:30 p.m., the parties will waive their right to a hearing, and this tentative order will be issued. If one or both parties request a hearing on this motion, the Court will continue the hearing to February 15, 2019, at 1:30 p.m., and the Court's clerk will provide notice. Plaintiff Duck Jin Choi (“Plaintiff”) moves to consolidate this case with Youm v. SBR Construction Inc., et al.<000f000300440051004700 03[Choi v. Ryan Rocco, et a...

Excerpt: ...arties will waive their right to a hearing, and this tentative order will be issued. If one or both parties request a hearing on this motion, the Court will continue the hearing to February 15, 2019, at 1:30 p.m., and the Court's clerk will provide notice. BACKGROUND Plaintiffs Patricia Pietschmann (“Patricia”) and Richard J. Pietschmann (“Richard”) filed this action against Defendants VDA Property Company, Inc. and Ralphs Grocery Company...

Excerpt: ....m., the parties will waive their right to a hearing, and this tentative order will be issued. If one or both parties request a hearing on this motion, the Court will continue the hearing to February 15, 2019, at 1:30 p.m., and the Court's clerk will provide notice. Plaintiff John Armendariz (“Plaintiff”) alleges Defendant Raymond Allen Shofler, M.D. (“Defendant”) failed to properly suture his stomach muscles during a surgery. Defendant m...

Excerpt: ...r right to a hearing, and this tentative order will be issued. If one or both parties request a hearing on this motion, the Court will continue the hearing to February 15, 2019, at 1:30 p.m., and the Court's clerk will provide notice. Plaintiff Monesha Hunter (“Plaintiff”) moves for relief from this Court's order of October 29, 2018, in which the Court granted the motion by Defendant Round Trip Transportation (“Defendant”) to deem admitte...

Excerpt: ...es will waive their right to a hearing, and this tentative order will be issued. If one or both parties request a hearing on this motion, the Court will continue the hearing to February 15, 2019, at 1:30 p.m., and the Court's clerk will provide notice. BACKGROUND <004c00510057004c004900 004a00480047004f005c[ fell at a property managed by Defendant Westlake Properties, Inc. (“Defendant”), resulting in injuries. Plaintiff filed this action on O...