Excerpt: ... a passenger. Plaintiff asserts a cause of action for negligence, to which Defendant demurs. The demurrer is sustained with leave to amend. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (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: ...shall submit to the Court's tentative decision to deny the motion to stay. The Court notes that Plaintiffs did not file an opposition or response, so the Court assumes Plaintiffs take no position on the motion. If Plaintiffs' counsel appears at the hearing and indicates that his clients join in the motion, the Court would give their views great weight in ruling on this motion. TENTATIVE ORDER On October 11, 2014, Defendants Lesley Joanna Chavarri...

Excerpt: ... Ivan Tseng (“Ivan”), and Janet Tseng (collectively, “Defendants”) owned the rental property in which Liu and his dog resided. Plaintiff asserts causes of action for negligence and premises liability against Defendants. Now, Defendants move for summary judgment. Plaintiff opposes the motion, which is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material ...

Excerpt: ...System-Southern California (“Defendant”) for medical negligence following the death of Leah Davidson. Plaintiffs allege that Defendant failed to treat Leah Davidson properly after she sought treatment for chest pain. Defendant moves for summary judgment. Plaintiff does not oppose the motion, which is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fac...

Excerpt: ...ns 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 the City ...

Excerpt: ... alleging that he failed to diagnose Plaintiff's cancer. Plaintiff alleges the following causes of action: (1) “Medical Malpractice,” (2) “Medical Misdiagnosis,” (3) “Negligent Infliction of Emotional Distress,” and (4) “Violation of Health and Safety Code Section 123100, et seq.” Defendant demurs to the second, third, and fourth causes of action. Plaintiff does not oppose the demurrer, which is sustained. Defendant also moves to ...

Excerpt: ...alleges that Defendants failed to timely diagnose Plaintiff with metastatic bladder cancer, reducing his chances of survival. Now, Defendants move for summary judgment on Plaintiffs' 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 ...

Excerpt: ...while under the supervision of her grandmother, Defendant Beverly Jackson (“Defendant”). Plaintiff was born In May 2013. Plaintiff alleges the following injuries: (1) In March 2015, when she was less than two years old, Plaintiff allegedly slipped and fell at Defendant's house; (2) Approximately two weeks later, Plaintiff again fell at Defendant's house; and (3) Subsequently, Plaintiff was playing outside when Defendant's dog chased her, and ...

Excerpt: ...paign 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 ma...

Excerpt: ...ing significant burns. Plaintiff asserts causes of action for premises liability and negligence. Defendant demurs to the complaint and moves to strike certain allegations in the complaint. Plaintiff opposes the demurrer but not the motion to strike. The demurrer is overruled, but the motion to strike is granted without leave to amend. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a comp...

Excerpt: ... moves to compel Defendant to respond to certain deposition questions. The motion is denied. 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 move to compel the deponent to answer. (Code Civ. Proc., § 2025.480, subd. (a).) DISCUSSION Plaintiff seeks to compel answers to the following questions: 1. Do you believe you're at fault for cau...

Excerpt: ...der being adopted by the Court. Any party who does not appear at the hearing also submits to any changes the Court makes to this tentative order following the hearing. The hearing is scheduled as follows: Los Angeles Superior Court, Spring Street Courthouse 312 North Spring Street, Department #5 (Second Floor) Los Angeles, California 90012 December 10, 2019, at 1:30 p.m. BACKGROUND Plaintiffs Adriana Martinez, Christina Jennifer Mello, Isabella J...

Excerpt: ...iff Zenia Melara (“Plaintiff”). Plaintiff does not oppose the motion, which is granted. LEGAL STANDARD As a treating health care practitioner, Wilker is entitled to reasonable fees for his deposition testimony if Defendant plans to ask Wilker “to express opinion testimony, including opinion or factual testimony regarding the past or present diagnosis or prognosis made by the practitioner or the reasons for a particular treatment decision ma...

Excerpt: ...tive defense that Civil Code section 3333.4 bars Plaintiff's claim for non-economic damages. Plaintiff opposes the motion, which is granted. 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 correcting a mistake in the name of a party, or ...

Excerpt: ...ree. Plaintiff asserts causes of action for negligence and premises liability. Now, Defendant moves for summary judgment or, in the alternative, summary adjudication of each cause of action. 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 law[.] There is a triab...

Excerpt: ...ed. The apartment complex was owned and operated by Defendants Albert Rosen and Myra Rosen (“Defendants”). Plaintiff asserts causes of action for negligence and premises liability. Defendants move for summary judgment on Plaintiff's complaint. Plaintiff opposes the motion. The Court previously held a hearing on July 25, 2019, but continued the hearing to afford Plaintiff an opportunity to conduct discovery. The Court now denies Defendants' mo...

Excerpt: ...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 reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accord...

Excerpt: ...(“Defendant”) after he collided with a metal pole during recess. Defendant demurs to the second cause of action in Plaintiff's first amended complaint. The demurrer is overruled. Defendant moves to strike portions of the first amended complaint. The motion is denied. 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...

Excerpt: ...t for Dangerous Condition of Public Property. Now, Defendant moves to strike references to Government Code sections 815.6, 840.2, and 840.4 from Plaintiff's complaint. The motion is granted without 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...

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: ...n on or before November 7, 2019. Plaintiff's counsel did not file a supplemental declaration on or before the deadline. Therefore, the Court adopts its tentative order and denies the motion. TENTATIVE ORDER BACKGROUND Plaintiff Lily Jane Nunies (“Plaintiff”) filed this action after falling in a restaurant owned and operated by Defendant BJ's Restaurants, Inc. (“Defendant”). Plaintiff moves for an order granting trial preference per Code o...

Excerpt: ...tiff moves to quash or limit subpoenas for medical, billing, and radiology records that Defendant served on: (1) Brentview Medical Urgent Care; (2) Broadway Surgery Specialists; (3) Aaron Coppelson, M.D.; (4) Cornea Genetic Management; (5) HAAS Spine & Orthopaedics; (6) Abraham Ishaaya, M.D.; (7) Rodrick Khosrovian, D.C.; (8) Linden Surgical Center; (9) Maurice Darvish, M.D.; (10) Medical Imaging Center of Southern California; (11) Metro Nursing ...

Excerpt: ... which Novar Ismailyan (“Decedent”) died. Defendant moves for a stay of this action against Defendant, or, in the alternative, for a stay of all discovery against Defendant. The motion is granted with respect to a stay of all discovery against Defendant. The motion is otherwise denied. LEGAL STANDARD Where a civil defendant faces criminal prosecution based on the same facts as those at issue in a pending civil action, the defendant is entitle...

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...

Excerpt: ... International and Victory Outreach Salinas. Defendant Nicholas Langerica (“Defendant”) was the assistant pastor for the region of Victory Outreach International that included the home. Plaintiff alleges that he was required to perform community service work outside the residence, even though his visible tattoo made him a target for gang members, and that he was shot as a result. Defendant moves for summary judgment on Plaintiff's complaint f...

Excerpt: ...24, 2019, Plaintiff substituted ESA Management, LLC (“Defendant”) for Doe 2. Defendant moves to quash service of process and dismiss the action on the grounds that Plaintiff did not timely serve Defendant. Plaintiff opposes the motion. The motion is granted. LEGAL STANDARD Per Code of Civil Procedure section 583.210, subdivision (a), “The summons and complaint shall be served upon a defendant within three years after the action is commenced...

Excerpt: ...lt judgment Plaintiff took against Defendant. The motion is granted. EVIDENCE The Court sustains Plaintiff's Objections Numbers 23 through 29. The Court overrules Plaintiff's other objections to Defendant's evidence because they go to weight, not admissibility. DISCUSSION Defendant seeks an order setting aside the default judgment entered on August 15, 2019. To the extent Defendant seeks relief under Code of Civil Procedure section 473(b), the mo...

Excerpt: ... death of Decedent Damien Cayetano (“Decedent”). Defendant demurs to the complaint, which Plaintiff opposes. 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: ...endants”) oppose the motion. The 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 subsequently retaine...

Excerpt: ...xander, M.D. (“Dr. Alexander”) to comply with a deposition subpoena for the production of medical records. Defendant personally served the motion upon Dr. Alexander, and the motion is unopposed. 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 a...

Excerpt: .... Defendant now 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 reasonable trier of fact to find the underlying fact in favor of the party opp...

Excerpt: ...intiff asserts a cause of action for negligence, and her husband, co- Plaintiff Patrick Leitheiser, asserts a cause of action for loss of consortium. The Court ordered Plaintiff Patricia Leitheiser to submit to an orthopedic exam and provided notice that the Court would grant a motion for terminating sanction if she failed to do so absent good cause. Now, Defendants move for terminating sanctions and proffer a report from the physician stating th...

Excerpt: ...”) opposes the motion, which is granted. LEGAL STANDARD “When a defendant 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.) EVIDENCE Plaintiff's objections to Defendant's evidence are overruled. Defendant's evidence has suffici...

Excerpt: ...alpractice action against Defendant Bryce R. Ko, M.D. (“Defendant”) following the death of Decedent Juan Montes Martinez (“Decedent”). Plaintiffs allege that Defendant treated Decedent at the La Palma Intercommunity Hospital on May 29, 2017, relating to an injury, following which he died from “sepsis due to an infected hematoma around his left kidney.” (David Brady Pregerson, M.D., ¶ 15.) Now, Defendant moves for summary judgment on ...

Excerpt: ...lica Aubery and owned by the Los Angeles County Metropolitan Transportation Authority (collectively, “Defendants”). Defendants move for summary judgment, and Plaintiff filed no opposition to 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 i...

Excerpt: ...dants”). On December 18, 2018, Plaintiff, then a self-represented party, moved ex parte to continue the trial date in order to retain counsel. The Court (Lu, J.) granted the application and continue the trial from January 16, 2019, to July 16, 2019, at 8:30 a.m. Although Plaintiff was present, the Court ordered Defendants to provide notice of the trial continuance. Defendants did so by serving Plaintiff at both her physical address and her mail...

Excerpt: ...shed between a trailer and another vehicle. Plaintiff has agreed to submit to an independent medical examination with Robert J. Friedman, M.D., who is a neurologist. Defendants request an order compelling Plaintiff to submit to two additional physical examinations: one with an orthopedic surgeon; and one with a forensic medical rehabilitation physician. The motion is denied without prejudice. LEGAL STANDARD When the physical condition of the plai...

Excerpt: ...ively, “Defendants”) following a motor vehicle accident. Pursuant to Code of Civil Procedure Sections 2032.020, 2032.310, and 2032.320, Defendants move for an order granting leave to conduct the following four separate medical examinations of Plaintiff: An ophthalmological examination, an orthopedic examination, a neuropsychological examination, and a psychological examination. Plaintiff opposes the motion, which is granted. LEGAL STANDARD In...

Excerpt: ...tively “Plaintiffs”) filed this action following a motor vehicle collision. Plaintiff Scott Thompson, who is employed by the Riverside County Sheriff's Department (the “Sheriff's Department”), seeks compensation for lost wages and earning capacity. (First Amended Complaint, ¶ 20.) Plaintiff Scott Thompson also alleges a loss of income of $6,514.15 as a result of his injuries. (Ortiz Decl. Exh. C, at p. 9:21-26.) Defendant issued a subpoe...

Excerpt: ...ants”) based on injuries Plaintiff sustained from a dog attack. Defendants move for summary judgment on Plaintiff's complaint, or, in the alternative, summary adjudication of the causes of action for negligence, negligence per se, and common law strict liability. 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...

Excerpt: ...laintiff alleges that she slipped on a sticky substance on the floor of Defendant's school, and then fell down an adjacent stairwell. Defendant now moves for summary judgment on Plaintiff's complaint, which Plaintiff opposes. The motion is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There ...

Excerpt: ...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 the City Attorney. The Cou...

Excerpt: ...ation. Defendant demurs to Plaintiff's complaint, which Plaintiff opposes. The demurrer is overruled. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal construction me...

Excerpt: ...thern California's emergency room and alleges that Defendant failed to diagnose her pelvic fractures. Defendant Beller, a radiologist who read the imaging studies of Plaintiff, moves for summary judgment or, in the alternative, summary adjudication of Plaintiff's cause of action for medical negligence. Defendant Angelique Campen, M.D. (“Defendant Campen”), the emergency room physician who ordered the imaging studies of Plaintiff, joins in the...

Excerpt: ...thern California's emergency room and alleges that Defendant failed to diagnose her pelvic fractures. Defendant Beller, a radiologist who read the imaging studies of Plaintiff, moves for summary judgment or, in the alternative, summary adjudication of Plaintiff's cause of action for medical negligence. Defendant Angelique Campen, M.D. (“Defendant Campen”), the emergency room physician who ordered the imaging studies of Plaintiff, joins in the...

Excerpt: ...o (“Benito”), Isaiah Lim (“Lim”) (collectively, “Defendants”) for medical malpractice. Plaintiff underwent a colonoscopy and endoscopy at White Memorial. During the procedure, Plaintiff awoke and tried to get out of the hospital bed. Lim, a hospital employee, grabbed Plaintiff to stop him from falling, and in the process, some formalin from a container Lim was holding splashed on Plaintiff's face. Plaintiff claims injuries to his eye ...

Excerpt: ... moves to compel the depositions of Defendant's persons most qualified to testify on specified topics, as well as three of Defendant's employees, and Defendant's retained expert. LEGAL STANDARD Plaintiff has the right to take Defendant's deposition and is entitled to do so without leave of court at any time after Plaintiff served Defendants, or after Defendants appeared in the action. (See Code Civ. Proc., § 2025.210, subd. (a).) Per Code of Civ...

Excerpt: ...“bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to reach a final det...

Excerpt: ...c. (“Defendant”). Plaintiff asserts causes of action for negligence and premises liability. Now, Defendant moves for summary judgment or, in the alternative, summary adjudication of each cause of action. Defendant argues that the allegedly dangerous condition was open and obvious, and that Defendant had no actual or constructive notice of the allegedly dangerous condition. Plaintiff opposes the motion, which is denied. LEGAL STANDARD The func...

Excerpt: ...vance of the hearing on Defendant's motion for terminating sanctions and motion for an order to show cause re: contempt against Plaintiff. The hearing shall be held as follows: Los Angeles County Superior Court Spring Street Courthouse, Department #5 (Goorvitch, J.) 312 North Spring Street Los Angeles, California 90012 Friday, October 4, 2019, at 1:30 p.m. If Plaintiff does not appear at the hearing to oppose the motions or to request a continuan...