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