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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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...