Excerpt: ...rpose of allowing plaintiffs to depose Steven Foutz, M.D. and Angela Margolis and to obtain the medical records from Optimal Health of Southern Oregon. BACKGROUND On May 16, 2019, the court continued the trial to August 21, 2019 but not as to the discovery cut-off date. LEGAL AUTHORITY CCP § 2024.050 states: “(a) On motion of any party, the court may grant leave to reopen discovery after a new trial date has been set. This motion shall be acco...

Excerpt: ...rom Defendant Toyota Motor Corporation The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. Defendant Toyota is ordered to serve further responses within 45 days to plaintiff's Special Interrogatories Nos. 91-96. Defendant is ordered to further respond and to produce documents within 45 days in response to Requests for Production Nos. 1, 13, 17, 20-23, and 25. Defendant is also ordered to further respond an...

Excerpt: ...t considered the moving, opposition, and reply papers. The papers were filed under seal. RULING The motion for summary judgment is GRANTED. The motion for summary adjudication is MOOT. BACKGROUND <004e0052005a0056004e00 00440003004600520050[plaint against Veolia Industrial Services, Inc., Veolia North America, LLC, and Veolia Water Technologies, Inc. for negligence and gross negligence. <0052005900480047000300 0058004f00440057004c[on for protecti...

Excerpt: ...s SUSTAINED WITHOUT LEAVE TO AMEND as to the 4 th and 5th causes of action in the FAC. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND. The court STRIKES para. 59 and prayer at para. 7 for “punitive and exemplary damages.” BACKGROUND On June 15, 2018, plaintiff Cassandra Lee Webster filed a complaint against Jennifer C. Chu, M.D. and Providence Little Company of Mary Medical Center Torrance for (1) medical negligence, (2) lack of infor...

Excerpt: ... court considered the moving, opposition, supplemental opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On January 9, 2017, plaintiff Norah Debellis and Eric Debellis filed a complaint against defendants City of Torrance and La Terrazza Homeowners Association (“La Terrazza”) for premises liability, dangerous condition of public property, and loss of consortium based on a trip and fall on a sidewalk on October 29, 2015. On...

Excerpt: ...urrer is OVERRULED as to the 5 rd cause of action for breach of contract and SUSTAINED WITHOUT LEAVE TO AMEND as to the 3 rd cause of action for negligence, 6th cause of action for unfair business practices, and “6 th” cause of action for breach of covenant of good faith and fair dealing. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND. BACKGROUND On December 20, 2018, Nicole A. Seruto filed a complaint against Autonation Infiniti Sout...

Excerpt: ...2) Motion to Compel Defendant Stefani to Further Answer Special Interrogatories, Set 8 (3) Motion to Compel Defendant Stefani to Further Answer Supplemental Interrogatories, Set 1 (4) Motion to Compel Defendant Stefani to Further Answer Demand for Production of Documents, Set 2, for Production of Documents, and/or for Termination, Evidence, and Monetary Sanctions; and for Trial Continuance to Allow for Completion of Discovery (5) Motion to Compel...

Excerpt: ...murrer is OVERRULED as to the 1 st, 2 nd, and 3 rd causes of action. BACKGROUND On December 11, 2018, Pinesight LLC and Veritas Liberabit Vos LLC filed a complaint against Zon Inc, Cameron Wilson, and Sarah Aikin for (1) and (2) declaratory relief, (3) breach of contract, (4) damages for breach of fiduciary duties, and (5) conversion of corporate ownership interest. LEGAL AUTHORITY When considering demurrers, courts read the allegations liberally...

Excerpt: ...ion, and reply papers. RULING The demurrer is OVERRULED as to the 1 st cause of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 4 th, 5 th, 6 th, 7 th, and 8 th causes of action. The motion to strike is DENIED. BACKGROUND On March 30, 2017, plaintiff Muhammad L. Khan filed a complaint against Pennymac Corp., et al. On December 13, 2017, plaintiffs Muhammad L. Khan, Farida Khanum as trustee of the Kahnum Family Trust, and Kappa Business Mana...

Excerpt: ...moving, opposition, and reply papers. RULING The motion is GRANTED. Plaintiff is ordered to file a Second Amended Complaint within five days. BACKGROUND On June 12, 2017, plaintiff Ani Pytlewski filed a complaint against defendants Hangar 18 Indoor Climbing Gym, LLC and Hangar 18 South Bay, Inc. On April 23, 2018, plaintiff filed a First Amended Complaint for (1) negligence, (2) premises liability, (3) breach of express warranty, (4) breach of im...

Excerpt: ...Colmey Responding Party: (1) Plaintiff Kathryn Colmey <000300030003000b001500 00440051005700030033[rovidence Health System (1) Motion for Protective Order (2) Motion to Compel Lawful Responses and Production of Documents at the Production of the PMK of Providence Health System The court considered the moving, opposition, and reply papers. RULING The court after considering the oral argument of counsel, the above motions were continued to 05-30-20...

Excerpt: ...rporation's Motion for Summary Judgment or, Alternatively, for Summary Adjudication The court considered the moving papers. RULING The motion is GRANTED. The court ORDERS the following documents that were lodged conditionally under seal in support of Nooter's Motion for Summary Judgment or, Alternatively, for Summary Adjudication filed this date and sealed: 1. The lodged declaration of Lorin M. Herzfeldt, Esq. 2. The lodged declaration of Raymond...

Excerpt: ...DAYS LEAVE TO AMEND. BACKGROUND <0051004400030035005200 004c004f004800470003[a complaint against Loving Hearts Private Care, Inc. (“LHPC”) and Annetta Sparks for violations of FEHA, retaliation in violation of public policy, violations of the Labor Code, IIED, and negligence. Plaintiff alleges that on May 4, 2017, plaintiff reported suspected sexual abuse of a certain patient (“Patient 1”) by her nephew to her direct supervisor, defendant...

Excerpt: ...eply papers. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st through 4th causes of action as to RTED America, LLC and Special Default Services, Inc. BACKGROUND On November 6, 2018, the court granted Special Default Services' (“SDS”) motion for summary judgment. As to RTED's motion for summary judgment or, alternatively, summary adjudication, the court granted the motion as to the 1 st, 2 nd, and 7 th causes of action. A...

Excerpt: ...gh 4 th causes of action in the complaint is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. BACKGROUND On March 28, 2018, plaintiffs Elisabeth Anne Pohle and Robert Waxman filed a complaint against John Wasko, June Wasko, Michelle R. Dennis, ind. and as trustees of the Wasko Family Trust for (1) negligence, (2) premises liability, (3) breach of warranty of habitability, and (4) breach of statutory warranty. On September 11, 2018, plaintiffs filed an amen...

Excerpt: ...E The court considered the moving, opposition, and reply papers. RULING The motion for leave to conduct orthopedic examinations is GRANTED. The court ORDERS plaintiff Alejandro Silva to submit to orthopedic examinations with Stephen Milkulak, M.D., whose specialty is orthopedic tibia/fibula surgery, and Michael P. Weinstein, M.D, whose specialty is orthopedic spinal surgery, at California Orthopedic Specialists, 360 San Miguel Drive, Suite 701, N...

Excerpt: ...motion is GRANTED to allow an arbitrator to determine the arbitrability of plaintiff's claims against SpaceX. BACKGROUND On July 31, 2018, Steven Trollinger filed a complaint against Pacific Maritime Freight, Inc., dba Pacific Tugboat Service, Jim Williams, Space Exploration Technologies Corp., dba Space X, National Response Corporation, and Marmac LLC for negligence under 33 USC 905(B) and general maritime law based on an incident that occurred ...

Excerpt: ... MOOT. The court orders that defendant and defendant's attorney of record Jay S. Fleischman pay to plaintiff a monetary sanction in the amount of $1,060 within 30 days. BACKGROUND On July 31, 2018, Kingdom of Sweden, on behalf of The Swedish Board of Student Finance, filed a complaint against Yamana Jani seeking to collect amounts owing for unpaid student loans to the U.S. dollar equivalent of $69,505. LEGAL AUTHORITY CCP §2030.300 states: “(a...

Excerpt: ...e moving papers. No opposition was filed. RULING The motion is GRANTED. The court orders that trial is continued from June 18, 2019, to December 3, 2019, at 8:30 a.m., in Department B. The Final Status Conference is continued from June 11, 2019, to November 19, 2019, at 8:30 a.m., in Department B. Discovery cut-off (including expert witness exchange) and motion cut-off dates shall be based on the new trial date. BACKGROUND On January 13, 2017, Al...

Excerpt: ... to Compel Physical Examination of Each Plaintiff The court considered the moving, opposition, and reply papers. RULING The motion to compel plaintiffs Juli Keene and Emerald Padgett's physical examinations is GRANTED. Plaintiffs shall each submit to a physical examination by Dr. Jonathan Corren, M.D., at 10780 Santa Monica Blvd., Suite 280, Los Angeles, CA 90025, on May 28, 2019, at 1:30 p.m., and continuing so long as reasonably required. Both ...

Excerpt: ...o Compel the Deposition of Officer Jason Smith The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. The court ORDERS that Officer Jason Smith appear for his deposition within the next 30 days, at a mutually agreeable place and on a mutually agreeable date and time. BACKGROUND <0051000300300044005500 000f0003004c00510047[. and as successor-in-interest to decedent Evalyn Shirley Drake filed a complaint agains...

Excerpt: ...d Faith Settlement Pursuant to CCP §877.6 The court considered the moving and opposition papers and supplemental declaration. The hearing was continued from April 19, 2019 to allow moving party to file a supplemental declaration as to the allocation of the settlement funds among plaintiffs. RULING The motion is GRANTED. Any other joint tortfeasor is barred from any further claims against settling tortfeasor Charmin' Nails, Inc. for equitable com...

Excerpt: ...Motion for Protective Order Re: 246 Special Interrogatories, Set Four (3) Motion for Protective Order Re: 252 Request for Production, Set Two (4) Motion for Protective Order Re: 349 Request for Production, Set Three The court considered the moving, untimely opposition, and reply papers. On April 5, 2019, the hearing was continued to allow the parties to meet and confer to limit the number of interrogatories and requests. The court also considered...

Excerpt: ...rnative, to Vacate the Award The court considered the moving papers, opposition, and reply. RULING The petition is DENIED. BACKGROUND <0014001c000f0003005300 00550003002b00520052[man M. Nissani filed a petition against LAX Petroleum, LLC to confirm the final arbitration award. In 19TRCP00028, on January 24, 2019, petitioner LAX Petroleum, LLC filed a petition against Hooman M. Nissani to clarify and enforce the terms of a contractual arbitration ...

Excerpt: ...d the moving, opposition, and reply papers. RULING The motion is GRANTED IN PART and DENIED IN PART. As to the subpoena to Verizon, defendants are to prepare a list of phone numbers and names from whom they seek communications. Further, the time period is narrowed to March 2016, the month Lamadrid started at MCU, to the date plaintiff was placed on administrative leave. As to the subpoena to Bay Club, the subpoena is narrowed to March 2016 to the...