Excerpt: ...or vehicle collision. Plaintiff alleges that Defendant Johnny Wilfredo Ochoaortiz (“Ochoaortiz”) collided with Plaintiff when Ochoaortiz made an unsafe left turn at the intersection adjacent to Defendant's store. It is undisputed that at the time of the accident, Ochoaortiz was a day laborer who congregated with other laborers in the parking lot of Defendant's store. Plaintiff moves to compel the deposition of Defendant's persons most qualifi...

Excerpt: ...ute of Minimally Invasive Surgery (“Deponent”) to comply with a deposition subpoena for the production of medical records. Plaintiff has not opposed the motion. 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 at the trial of an issue therein, o...

Excerpt: ...pelling Plaintiff to submit to a physical examination with Jerry Sebag, M.D. (“Dr. Sebag”). Plaintiff opposes the motion, which is granted in part and denied in part. 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 permitted to one physical examination of the plai...

Excerpt: ...dants Rochelle Sterling, the Sterling Family Trust, Doe Property Owners 1 through 9, Beverly Hills Properties, LLC, DOE Property Managers 10 through 19, and DOES 20 through 100. Plaintiff sought to take the deposition of Rochelle Sterling (“Defendant”) and now files a motion to compel in order to do so. Defendant opposes the motion, arguing that Plaintiff has sued the wrong individual. The motion is granted. LEGAL STANDARD Per Code of Civil P...

Excerpt: ...s that she was walking on the path to the parking lot when she tripped and fell on the edge of the planter. Defendant now moves for summary judgment on Plaintiff's complaint for negligence and premises liability. 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 i...

Excerpt: ...erated by the Defendant Los Angeles County Metropolitan Transportation Authority and Kevin Darnell (“Defendants”). Defendants moved for summary judgment, arguing that the notice of rejection of the government claim was served on April 13, and Plaintiff filed this action after the statute of limitations ran on October 11, 2017. The Court denied the motion, as Defendants' evidence was unclear whether the notice of rejection was properly served....

Excerpt: ..., LLC, Skydance Television, LLC, Platinum Dunes Productions, Inc., Viacom, Inc., Potomac River Productions, Inc., and Paramount Pictures Corporation (collectively, “Defendants”) after he was injured on the set of a television show. Defendants demur to Plaintiff's complaint for negligence and premises liability, which Plaintiff opposes. The demurrer is sustained with leave to amend. LEGAL STANDARD “It is black letter law that a demurrer test...

Excerpt: ...��Defendant”), when it rolled, causing injuries. Plaintiff asserts a cause of action for negligence. Defendant now moves for summary judgment, 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 is a triable issue of material fact if, and only if, the...

Excerpt: ...efendant Kamran Malek, M.D. (“Defendant”), an obstetrician and gynecologist, for medical malpractice. Specifically, Plaintiffs allege that Defendant performed a Cesarean section, following which “a foreign body” was left inside Plaintiff Anis's body. Plaintiff Anis asserts a claim for medical negligence, alleging that Defendant was negligent in leaving the foreign body and failing to diagnose the problem, and Plaintiff Chehade asserts a c...

Excerpt: ...“Plaintiff”) was in good faith. Defendants Addison Whittet and Michael Whittet (collectively, the “Whittet Defendants”) oppose the motion. The Court previously considered this motion on August 28, 2019. The Court continued the motion so the Whittet Defendants to conduct discovery on the proportionate liability of the Woodward Defendants. The Court has considered the supplemental opposition of the Woodward Defendants. The motion is granted...

Excerpt: ...Angeles County Metropolitan Transportation Authority (“Defendant”) following a collision. Defendant moves for summary judgment on Plaintiff's complaint, or, in the alternative, for summary adjudication of Plaintiff's causes of action for negligence and motor vehicle negligence. Plaintiffs do 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 triabl...

Excerpt: ...tor vehicle collision. Defendant moves to compel Plaintiff to respond to certain deposition questions, which Plaintiff opposes. The motion is granted. 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 First, counsel instructed Plaintiff not to an...

Excerpt: ...g a motor vehicle collision on or about February 21, 2016. Plaintiffs allege that Defendant's driver made an unsafe turn and hit Joseph Dean Terry while he was riding his motorcycle. Joseph Terry's wife, Jennifer Terry, filed a loss of consortium claim. Jennifer Terry alleges as follows: Since February 24, 2016 to present, Plaintiff Jennifer Terry has suffered extreme emotional injuries on a daily basis. Prior to this incident, Plaintiff was taki...

Excerpt: ...litan Transportation Authority (“Defendant”), alleging that he was riding Defendant's train when it jerked suddenly, causing injury. On June 24, 2019, the Court sustained a demurrer to the first amended complaint because Plaintiff asserted common law claims against Defendant, a public entity. Plaintiff filed a Second Amended Complaint, and now Defendant demurs on the same grounds. The Court again sustains Defendant's demurrer. The Court will ...

Excerpt: ...ts, Joel David White, also died as a result of the accident. Plaintiffs allege that Defendant Debra Rein (“Defendant”) was the legal owner of the 2016 Lamborghini Huracen, driven by White at the time of the accident. Now, Defendant moves to strike the prayer for punitive damages and all related allegations. Plaintiffs oppose the motion, which is granted. The Court does not intend to grant leave to amend unless Plaintiffs' counsel appears at t...

Excerpt: ...owing a motor vehicle collision on February 24, 2017. On July 8, 2019, the Court granted Defendants' motion to compel Plaintiff to attend physical examination, ordering Plaintiff to appear for a physical examination before Dr. Perry R. Secor within thirty (30) days of notice of the order. Plaintiff was further ordered to pay $1,660.00 in monetary sanctions. Now, Defendants move for terminating sanctions based upon Plaintiff's failure to submit to...

Excerpt: ...udge Goorvitch made the following campaign contributions 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 c...

Excerpt: ...KGROUND Plaintiff Paul Beirold (“Plaintiff”) filed this action following a motor vehicle collision with Defendant Nestor Manuel Cardenas, who was driving a tow truck on behalf of Defendant Malibu Towing, Inc. (collectively, “Defendants”). Now, Defendants move to compel a mental examination of Plaintiff by David M. Lechuga, Ph.D. and move to continue the trial date. The motions are granted. LEGAL STANDARD Per Code of Civil Procedure sectio...

Excerpt: ...action against Defendant Los Angeles Jewish Home for the Aging (“Defendant”) following her fall on the premises. Plaintiff alleges in her complaint that she suffered “severe injuries to her body and the injuries received by Plaintiff have greatly impaired her health, strength, and activity and have thereby caused and continue to cause her great mental, physical and nervous pain and suffering and extreme shock to her nervous system.” (Comp...

Excerpt: ...85, (2) Jury fees of $150, and (3) Depositions costs of $3,272.31. Based upon the foregoing, Defendant seeks total costs of $4,607.36. Plaintiff filed a motion to strike or tax costs, which Defendant opposes. The motion is denied. LEGAL STANDARD Code of Civil Procedure section 1033.5, subdivision (a) sets forth items that are allowable as costs. Allowable costs under Section 1033.5 must be “reasonably necessary to the conduct of this litigation...

Excerpt: ... a general contractor at a property owned by Defendant Aquareal Holding Corporation (“Aquareal”). Specifically, Plaintiffs allege as follows: Defendant Berger Pool Plumbing was also working at the subject premises. Among other things, Defendant Berger Pool Plumbing was cutting an opening in what was to become the [J]acuzzi spillway. Defendant Berger Pool Plumbing was also pouring concrete. Due to defective workmanship, however, the concrete w...

Excerpt: ...l Entertainment, Inc. (“La Mirage”), Hassan S. Joher, and Mike Johar (the “Individual Defendants”) move to strike the prayer for punitive damages and related allegations, as well as the prayer for attorneys' fees, in the first amended complaint. The motion to strike the prayer for attorneys' fees is granted without leave to amend. The motion to strike the prayer for punitive damages and related allegations is denied. LEGAL STANDARD Any pa...

Excerpt: ...wned by the Los Angeles Unified School District (“LAUSD”). Plaintiff asserts causes of action for: (1) Statutory Liability against all defendants under Civil Code sections 1714(a), 2100, 2338, and <0011001b000f0003001b00 001800110015000b0044[), 815.6, 820(a), 825, 830, <004c004900520055005100 004f0048000300260052[de sections 21453(a), 21658, 21804(a), 21703, 22350, and 23103; (2) Reckless Misconduct/Gross Negligence/Violations of Civil Code s...

Excerpt: ...l (“Defendant”) for medical malpractice. Specifically, Plaintiff alleges that Defendant Plaridel C. Atil, M.D. (“Dr. Atil”) negligently performed a gallbladder removal operation on Plaintiff, resulting in a bile leak and further medical treatment. Now, Defendant moves for summary judgment, arguing that the care and treatment provided by Defendant's nurses and non- physician staff satisfied the appropriate standard of care and, in the alte...

Excerpt: ...“Defendant”) owned and operated. Defendant moves to bifurcate trial into two phases: a determination on liability, and a determination of damages. Plaintiff opposes the motion, which is denied. Under Code of Civil Procedure section 598, “The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby . . . make an order . . . that the trial of any issu...