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: ...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: ...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: ...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: ...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: ...(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: ... 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: ...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: ... 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: ..., 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: ...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: ... 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: ... 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: ...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: ...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: ... 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: ...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: ... 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: ...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...