Excerpt: ...ood faith. Plaintiff seeks $50,000 from the accident, and Uber has agreed to settle for $7,500. Defendants Artem Avetisyan, SLS Car Service, Inc., and Edward Ovsepyan (the “Objecting Defendants”) oppose the motion. The motion is granted. In Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, the California Supreme Court set forth the factors to consider when determining whether a settlement is made in good faith. The Tech-Bil...

Excerpt: ...itioner seeks to permit Claimant's counsel to recover forty percent of the proceeds in this matter. The Court considers that sum unreasonable given the nature of the work on this case, so the Court is inclined to reduce these fees. (See Cal. Rules of Court, rule 7.955, subd. (a); Fam. Code, § 6602; Prob. Code, § 3601.) The Court is inclined to reduce the fees from $120,000 (which is 40% of the settlement) to $90,000 (which is 30% of the settlem...

Excerpt: ...s that he developed subcutaneous emphysema (the presence of air in the tissue beneath the skin) and pneumomediastinum (the presence of air in the mediastinum) after Defendant attempted, and later aborted, an extraction of Plaintiff's wisdom tooth. Defendant moves for summary judgment on Plaintiff's complaint. Plaintiff opposes the motion. The motion is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasi...

Excerpt: ...ember 17, 2019. Plaintiff Martha Lopez (“Plaintiff”) opposes the motion. In determining whether to re-open discovery, the Court must consider the necessity of and reasons for the additional discovery, the diligence or lack thereof by the party seeking to reopen discovery in attempting to complete discovery prior to the cutoff, whether permitting the discovery will prevent the case from going forward on the trial date or will otherwise prejudi...

Excerpt: ...a motor vehicle collision. Defendants move to compel Plaintiff to submit to a physical examination by Reynold Rimoldi, M.D. (“Dr. Rimoldi”). LEGAL STANDARD When the physical condition of the plaintiff is in controversy in a personal injury case, the defendant may obtain a physical examination of the plaintiff. (Code Civ. Proc., §§ 2032.020, 2032.220.) A defendant is entitled to one physical examination of the plaintiff in a personal injury ...

Excerpt: ..., food, etc.). Judge Goorvitch does not have a close, personal relationship with Mr. Girardi that would require recusal under the California Code of Judicial Ethics and believes that he can be fair and impartial in all matters handled by Girardi & Keese. RULING Plaintiffs Ripsime Yesayan and Haykaz Shimshiryan (“Plaintiffs”) move to set aside the dismissal the Court entered on February 26, 2019, per Plaintiffs' request. Defendant Ronald S. Wu...

Excerpt: ...� collectively, “Defendants”) for medical malpractice. Plaintiff contends that Dr. Aazami failed to timely diagnose her cancer. Dr. Aazami treated Plaintiff at 101 Family, and Plaintiff contends 101 Family is liable for Dr. Aazami's negligence. Defendants move for summary judgment on Plaintiff's complaint for medical malpractice. The unopposed motion is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of per...

Excerpt: ...eles, LLC (“Defendants”) owned. Defendants demur to Plaintiff's complaint, and Plaintiff opposes the demurrer. The demurrer is overruled. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.)...

Excerpt: ...ndant David Forson was driving on behalf of Defendant Lyft, Inc. (“Defendant”). Defendant demurs to the fifth cause of action for fraud in the first amended complaint and moves to strike the prayer for punitive damages therein. Plaintiff opposes the demurrer and motion to strike. The demurrer is sustained with leave to amend, and the motion to strike is granted. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficie...

Excerpt: ... (“Defendant”), based on injuries she sustained when two players in an adult soccer game crashed into her while she stood on the sidelines. Defendant moves for summary judgment on Plaintiff's complaint, or, in the alternative, summary adjudication of issues. The motion is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to ...

Excerpt: ...ts Learning Center, Inc. (“Defendant”). Defendant moves for summary judgment on Plaintiff's complaint, and co- defendant Aundre Cummings joins in the motion. The motion is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law . . . . There is a triable issue of material fact if, and only if, the evi...

Excerpt: ... on Defendant's lot while walking in an asphalt roadway adjacent to a gutter. Defendant moves for summary judgment, which Plaintiff opposes. The motion is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would allow a reason...

Excerpt: ...stained while riding on Defendant's shuttle in his wheelchair. Plaintiffs move the Court for an order granting trial preference per Code of Civil Procedure section 36, subdivision (a). The motion is denied. LEGAL STANDARD Per Code of Civil Procedure section 36, subdivision (a), “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following find...

Excerpt: ...preference per Code of Civil Procedure section 36, subdivision (a). The unopposed motion is denied. LEGAL STANDARD Per Code of Civil Procedure section 36, subdivision (a), “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: [¶] (1) The party has a substantial interest in the action as a whole. [¶] (2) The health of the pa...

Excerpt: ...nts U.S. Renal Care, Inc. (“Renal Care”) and Care Line Transportation, Inc. (“Care Line”), asserting causes of action for general negligence and premises liability. On October 15, 2018, Plaintiff named Defendants Sevak Allahverdian (“Allahverdian”) and Logisticare Solutions, LLC (“Logisticare”) via Doe amendments. Care Line and Allahverdian (the “Moving Defendants”) now move for judgment on the pleadings, arguing that Plaintif...

Excerpt: ...y Defendants. On March 15, 2019, Plaintiffs moved to compel a report of the independent medical examination conducted by Defendants' retained expert, Dr. Tony Feuerman, on January 14, 2019. Since filing the motion, Defendants have produced the report. Therefore, this motion is denied as moot. Plaintiff seeks monetary sanctions against Defendants and their counsel-of-record in the amount of $2,370. The Court finds good cause not to impose sanction...

Excerpt: ...alleged only: “EAN Holdings must pay me for car accident on 11/29/16 2 eyars [sic] ago on Laurel Canyon [sic] Hollywood CA. I have big damage my car [sic] and X-RAY MRI and many bills and property damage. I want EAN Holding pay [sic] $30,000.” Defendant demurred to the Complaint on January 24, 2019. Before the Court could rule on that demurrer, Plaintiff filed a first amended complaint. The Court interpreted the demurrer as an answer to the f...

Excerpt: ...ability as a member of the country club. However, the Court (Lu, J.) denied summary judgment, finding that there was a triable issue whether Defendants were grossly negligent, in which case the waiver would not apply as a matter of law. Now, Defendants Clubcorp Braemar Country Club, Inc., Ryan Wingo, and Alex Fultz (“Defendants”) move to bifurcate the trial so that their affirmative defense of release and waiver be tried first. Plaintiff oppo...

Excerpt: ...ue of anything received (e.g., food, etc.). Judge Goorvitch does not have a close, personal relationship with Mr. Girardi that would require recusal under the California Code of Judicial Ethics and believes that he can be fair and impartial in all matters handled by Girardi & Keese. BACKGROUND Plaintiff Timothy V. Manning (“Plaintiff”) alleges that he was riding his bicycle when Defendant Robert C. Klein, driving a vehicle, collided with Plai...

Excerpt: ...actor Corp. (“Defendant Outsource”) following an automobile collision. Plaintiff now moves to compel Defendant Meeks' deposition, which Defendants oppose. Code of Civil Procedure section 2025.450(a) provides: “If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document ...

Excerpt: ...kh, asserting causes of action for general and motor vehicle negligence, as well as “intentional tort.” Plaintiff prays for punitive damages in the complaint, which Defendants now move to strike. The motion is granted with leave to amend. LEGAL STANDARD Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code of Civ. Proc. § 435(b)(1); Cal. Rules of Court...

Excerpt: ...dant PRN Ambulance, Inc. (collectively, “PRN Ambulance”). The ambulance collided with a bus that is owned and operated by Defendant Tommy Lee Harris and Defendant Union Rescue Mission (collectively, “Defendants”). Defendants move for summary judgment, arguing that PRN Ambulance caused the accident. Plaintiff has not opposed this motion, which is granted. LEGAL STANDARD “Code of Civil Procedure section 437c, subdivision (c), requires the...

Excerpt: ...asserting causes of action for breach of contract, medical malpractice, intentional infliction of emotional distress, and fraud. Plaintiff alleges that she sought contraception from Defendant, who specializes in obstetrics and gynecology, because she does not wish to have children. (Complaint, at ¶ 11.) Plaintiff alleges that Defendant prescribed oral contraception, which Plaintiff “did not tolerate.” (Ibid.) Plaintiff alleges that Defendant...

Excerpt: ...nter her parked vehicle when she was struck by Defendant Los Angeles County Metropolitan Transportation Authority's (“LACMTA”) bus, driven by Defendant Rodriquez Gray (“Gray”) (collectively “Defendants”). Plaintiff filed this action on December 20, 2018. Defendants answered on February 28, 2019. Plaintiff, aged 89, now moves for trial preference, which Defendants oppose. The motion is granted. LEGAL STANDARD A party who is 70 years of...

Excerpt: ... <0003004700480053005200 00580045005300520048[na upon AT&T Mobility Wireless (“AT&T”) to produce certain telephone records of Marianne Perlitsh, a LAUSD employee, to determine whether she was distracted during the incident, in violation of LAUDS policy. Specifically, Plaintiff seeks Ms. Perlitsh's cell phone records for August 27, 2015, from 10:00 a.m. to 10:20 a.m. Plaintiff has now filed this motion to compel. Code of Civil Procedure sectio...