Excerpt: ...khim, M.D. If a party desiring to take the deposition of an expert witness deems that the hourly or daily fee of that expert is unreasonable, that party may move for an order setting the compensation of that expert. Notice of this motion shall also be given to the expert. (Code Civ. Proc., § 2034.470, subd. (a).) A motion to set expert compensation shall be accompanied by a meet and confer declaration and either the party or the expert shall pro...

Excerpt: ...leave to intervene by noticed motion or by ex parte application. The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests. (Code Civ. Proc., § 387, subd. (c).) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if a provision of law confers an unconditional right to intervene, or the person seekin...

Excerpt: ...of the state, the defendant may, at any time, apply to the court for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action. (Code Civ. Proc., § 1030, subd. (a).) The motion shall be made on grounds that the plaintiff resides out of the state and there is a reasonable possibility that the moving defendant will obtain judgment in their favor. (Code Civ. Proc., § ...

Excerpt: ...dent. Defendants move for summary adjudication as to the third cause of action for intentional infliction of emotional distress and prayer for punitive damages. II. FACTUAL BACKGROUND On February 16, 2017, Plaintiff and Defendant were involved in a collision when Defendant's vehicle rear-ended Plaintiff's vehicle. (Undisputed Material Fact “UMF” No. 2.) Humberto Magalhaes was the registered owner of the vehicle driven by Defendant. (UMF No. 1...

Excerpt: ...(“Castillo”) to complete a painting job at Scotty's Gas Station. A few days before the subject incident, Castillo contacted Plaintiff, a house painter with 14 years' experience painting the interiors and exteriors of houses and businesses. (Undisputed Material Fact “UMF” Nos. 1, 2.) Plaintiff had worked for Castillo on at least ten other jobs. (UMF No. 3.) Plaintiff and Castillo met at the gas station to discuss the scope of work and Cast...

Excerpt: ...r to undergo several orthopaedic injuries. (Complaint, ¶ 7.) In 2017, Dr. Sisto became Plaintiff's surgeon. She saw him twice before surgery by him in October 30, 2017. During one such visit, Plaintiff alleges Dr. Sisto commented suggestively and inappropriately on Plaintiff's breast augmentation. (Complaint, ¶ 8.) On October 31, 2017, Dr. Sisto performed a total knee replacement surgery on Plaintiff. (Complaint, ¶ 9.) On November 4, 2017, Pla...

Excerpt: ... deposition for January 16, 2018. (Declaration of Marc S. Lafer, ¶ 2.) Plaintiff did not appear for her deposition. (Lafer Decl., ¶ 3.) On April 19, 2018, defense counsel sent a meet and confer letter and Plaintiff's counsel responded that he would provide available dates within 30 days. (Lafer Decl., ¶¶, 4, 5.) After receiving no available dates from Plaintiff's counsel, Defendant noticed Plaintiff's deposition for October 24, 2018. (Lafer D...

Excerpt: ... intentional infliction of emotional distress, (5) medical malpractice, and (6) sexual harassment in defined relationship (Civ. Cod, § 51.9). Defendants Prohealth Medical Group Inc. and Prohealth-Glendale Occupational Medical Group, Inc. (collectively, “Defendants”) demur and move to strike portions of the complaint. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is d...

Excerpt: ...ng/supervision/retention/entrustment arising out of a March 24, 2018 altercation. Defendant Odell Cornelious Beckham Jr. (“Defendant”) demurs and moves to strike portions of the FAC. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the...

Excerpt: ...ry 2018 and June 2018. Defendant seek to compel arbitration. “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right ...

Excerpt: ...bbery, and kidnapping during a home invasion. Defendants Vecino Vista, LLC and Mashcole Property Management, Inc. (collectively, “Defendants”) move for summary judgment, or alternatively, summary adjudication as to their Fifth and Twentieth affirmative defenses. II. FACTUAL BACKGROUND Vecino Vista, LLC owns the property located at 9969 Sepulveda Blvd. in Mission Hills (“the Property”) and Mashcole Property Management, Inc. manages the Pro...

Excerpt: ...aintiffs and City have agreed to dismiss City from the action in exchange for a waiver of costs. The Court must approve any settlement entered into by less than all joint tortfeasors or co-obligors. (Code Civ. Proc., § 877.6.) This requirement furthers two sometimes-competing policies: (1) the equitable sharing of costs among the parties at fault, and (2) the encouragement of settlements. (Erreca's v. Superior Court (1993) 19 Cal.App.4th 1475, 1...

Excerpt: ...insurance carrier and seeks leave to intervene to defend this action. A nonparty shall petition the court for leave to intervene by noticed motion or by ex parte application. The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests. (Code Civ. Proc., § 387, subd. (c).) The court shall, upon timely application, permit a nonparty to intervene in th...

Excerpt: ...own, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (Code Civ. Proc., §§ 2025.420, <004700110003000b004500 0013001b0013000f0003[subd. (b).) The “issuance and formulation of protective orders are to a large extent discretionary.” (Raymond Handling Concepts Corporation v. Superior Court (1...

Excerpt: ...ction of Documents, and Requests for Admissions on Defendants. On January 28, 2019, Defendants filed an answer. On April 19, 2019, Plaintiff's counsel sent a meet and confer letter to defense counsel regarding outstanding discovery. The letter asked for responses by May 15, 2019 and said “Please let us know if you need additional time.” On April 24, 2019, defense counsel emailed Plaintiffs' counsel that Defendants had not been aware of the di...

Excerpt: ... each of the three Defendants, and contends their responses are inadequate. The parties attended an Informal Discovery Conference on April 24, 2019. Plaintiff then filed motions to compel further responses. Defendants object that Plaintiff did not serve the separate statement until May 17, 2019, weeks after filing the motions. Even with service on May 17, Defendants had the documents nearly two months before the hearing date. Defendants do not id...

Excerpt: ...ty, and negligent training, hiring, supervision, and retention arising out of a December 17, 2017 five-vehicle collision. Defendant moves to strike punitive damages allegations. II. LEGAL STANDARDS Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1).) The court may, upon a motion, or at any time in its discretion, and upon...

Excerpt: ...el a second session of Plaintiff's deposition and production of medical records. If a deponent fails to answer any questions or to produce any document under his or her control, the noticing party may move for an order compelling the answer or production. (Code Civ. Proc., § 2025.480, subd. (a).) This motion shall be made no later than 60 days after the completion of the record of the deposition, and shall be accompanied by a meet and confer dec...

Excerpt: ...sustained by Alfred while working on Defendants' premises. On July 31, 2013, Plaintiff was helping to hoist an air conditioning unit onto the roof of Defendants' building when he fell off the roof. II. PROCEDURAL HISTORY Plaintiff responded to form interrogatories that he suffered injuries to his head, brain, neck, back, and shoulder and emotional distress commensurate with injuries of this nature. At his deposition, Plaintiff testified he suffer...

Excerpt: ...tson Partners (collectively, “Defendants”) move for summary judgment. Bristol Farms opposes the motion for summary judgment. Plaintiff opposes the Motion as to Watson Land only. II. FACTUAL BACKGROUND The basic facts are undisputed. Watson Land owned the premises located at 915 E. 230th Street in Carson, California. (Undisputed Material Fact “UMF” Nos. 1, 3.) At the time of the incident, Bristol Farms was leasing the property from Watson ...

Excerpt: ...ntered in a settlement agreement for $40,000.00. First Transit seeks a determination of good faith settlement. The Court must approve any settlement entered into by less than all joint tortfeasors or co-obligors. (Code Civ. Proc., § 877.6.) This requirement furthers two sometimes competing policies: (1) the equitable sharing of costs among the parties at fault, and (2) the encouragement of settlements. (Erreca's v. Superior Court (1993) 19 Cal.A...

Excerpt: ...g negligence, vicarious liability, negligent entrustment, negligent hiring, and negligent supervision. City demurs to the third, fourth, and fifth causes of action. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting...

Excerpt: ...bile accident. On March 8, 2019, Plaintiff filed a proof of service showing substitute service on “MF Transport, Toni Miranda, Officer/Director” at an address in Chino, California. The summons and complaint were left with “Maria Flores, Co-Occupant” and subsequently mailed to the same address. Defendants move to quash service of summons. Timeliness of Motion Plaintiff objects that the motion to quash is late. “A defendant, on or before ...

Excerpt: ...dered between January 2018 and April 2018, resulting in a below-knee amputation of Plaintiff's right lower extremity. Defendants demur to the second and third causes of action. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer ...

Excerpt: ...Riverside Residences, Inc., The Salvation Army Services, Inc., and The Salvation Army World Service Office. On April 19, 2019, Plaintiff dismissed The Salvation Army Residences, Inc. Defendant The Salvation Army (“Defendant”), the only remaining Defendant, demurs to the complaint on grounds it is uncertain and Plaintiff fails to state a cause of action for negligence against it. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of th...

Excerpt: ...laint to add a prayer for punitive damages. The court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading, including adding or striking out the name of any party, or correcting a mistake in the name of a party, or a mistake in any other respect. (Code Civ. Proc., § 473, subd. (a)(1).) “Public policy dictates that leave to amend be liberally granted.” (Centex Homes v...

Excerpt: ...n-medical expenses, leaving a balance of $64,842.16 for Claimant. $7,973.46 will be deposited into a blocked account, subject to withdrawal only upon authorization of the Court and $56,868.70 will be invested into a single-premium deferred annuity. Court approval is required for all settlements of a minor's claim. (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.) The Court has reviewed the proposed settlement and finds that it is f...

Excerpt: ...ry in August 2017. Defendants move for summary judgment. Plaintiff seeks a 30-day continuance of the hearing on this Motion on grounds her retained medical expert requires additional time to review the voluminous medical records and to render an opinion as to standard of care. Further, Plaintiff passed away on April 20, 2019 and her autopsy report needs to be reviewed by her retained expert. The executor of her estate and personal representative ...

Excerpt: ...5 from the second cause of action. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1).) The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436, subd. (a); Stafford v. Shultz(1954) 42...

Excerpt: ...��Defendants”) for general negligence and motor vehicle negligence. Plaintiff moves to set aside dismissal, and Defendant moves to strike costs. Set Aside Dismissal On May 9, 2019, the Court set an OSC re: dismissal. Plaintiff's counsel's failed to appear and the action was dismissed without prejudice. Plaintiff's counsel states the failure to appear was due to mistake in incorrectly calendaring the hearing date for May 10, 2019. (Declaration o...

Excerpt: ...s a result of being given a pain injection without proper care, instruction, or supervision. On February 20, 2017, Plaintiff presented to Southern California Orthopedic Institute for treatment of her ruptured disc at L5-S1. She was also seen by Carlos Guanche, M.D. for right hip pain. She was given 2 mL of lidocaine into her joint. Following the procedure, she said she was doing “okay” and “fine” and sat over the side of the table. Dr. Gu...

Excerpt: ... wheelchair. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions or conclusions of fact or law. We accept the factual allegations of the complaint a...

Excerpt: ...andatory duties arising out of a February 22, 2015 vehicle collision. Trial in this action is set for August 1, 2019. City moves to augment its expert witness designation to add Michael Brant- Zawadski, M.D. as an expert witness. Edwards filed a notice of non-opposition to City's Motion to augment the expert designation. On motion of any party who has engaged in a timely exchange of expert witness information, the court may grant leave to (1) aug...

Excerpt: ... a June 26, 217 automobile accident. Defendants move to compel Plaintiffs' appearances and testimony at deposition and Plaintiff's independent medical examination. Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to tes...

Excerpt: ...Crop., Intex Recreation Corp., and Intex Group (collectively, “Defendants”) sold a defective above-ground pool and pool ladder, which caused Nina's injuries. Plaintiffs served deposition subpoenas for records on Dennis L. Webb and Stephen M. Feurch, two attorneys who apparently litigated cases for other plaintiffs against Defendants involving Defendants' pool ladders. Defendants move to quash the subpoenas. Subpoena on Dennis L. Webb Plaintif...

Excerpt: ...tion. Plaintiff prays for attorney's fees and expenses incurred as provided in her lease agreement with Jenkins. (Complaint, Exh. A.) Club Pacific moves to strike the prayer for attorney's fees. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1).) The court may, upon a motion, or at any time in its discretion, and upon te...

Excerpt: ...summary judgment on grounds it did not create the condition or have notice of it. II. FACTUAL BACKGROUND On December 11, 2015, City Parking Attendant Hawi Wakijira (“Wakijira”) arrived at Defendant's parking garage at 440 North Camden Drive at 6:00 a.m. for her shift. (Undisputed Material Fact “UMF” No. 3.) Before opening the parking garage, Wakijira conducted an inspection. (UMF No. 4.) At approximately 9:15 a.m., Plaintiff pulled into a...

Excerpt: ...15, the parties were involved in a multi-vehicle rear-end accident. Plaintiff's was the first or front vehicle. Campos drove the car behind Plaintiff's, and Park drove the third vehicle. Espino drove the fourth and last vehicle. Plaintiff testified at his deposition that he was stopping for traffic, and Campos's vehicle came to stop behind Plaintiff's vehicle. Park was unable to stop and struck the rear of Campos's vehicle, pushing it into Plaint...

Excerpt: ...equate time to discover or remedy any dangerous condition. II. FACTUAL BACKGROUND <0056004b00520053005300 00030039005200510056[ store in Covina, California. She slipped and fell on what she believes was slippery ice cream on the floor. (Undisputed Material Fact “UMF” Nos. 1, 8.) Security surveillance footage shows that at 2:55 p.m., Vons employee Dylan Priestly (“Priestly”) pushed a dust mop through the frozen food aisle over the exact ar...

Excerpt: ...n September 27, 2018, Nuvair filed a cross-complaint against Aerotecnica Coltri S.p.A. (“Aerotecnica”) and Americas Compressors, LLC (“Americas”) for total implied equitable indemnity, partial implied equitable indemnity, and declaratory relief. Aerotecnica moves to quash the summons and cross-complaint based on lack of personal jurisdiction or alternatively, to dismiss for inconvenient forum. III. DISCUSSION A. Legal Standards for Motion...

Excerpt: ...ributors, Evell, and EAN Holdings, LLC for negligence and negligent entrustment relating to an April 10, 2015 automobile accident. On March 29, 2018, Orange Courier filed a Cross-Complaint against Plaintiff and Roes 1-10 for implied indemnity, contribution, and declaratory relief. On February 13, 2019, Orange Courier filed a request for dismissal of its cross-complaint without prejudice. On February 28, 2019, Plaintiff filed a Memorandum of Costs...

Excerpt: ...er is currently set for August 28, 2019. Defendant moves to continue trial to December 3, 2019, the first available date for both parties. The motion is unopposed. A party seeking a continuance of the date set for trial must make the request for a continuance by a noticed motion or an ex parte application as soon as reasonably practical once the necessity for the continuance is discovered. (Cal. Rules of Court, Rule 3.1332(b).) The request for co...

Excerpt: ...mber 29, 2015 dog bite. GHP moves for summary judgment. II. FACTUAL BACKGROUND <004c005700480003005700 00550055004800470003[near the Warner Center Summit located at 22193 Carissa Court in Woodland Hills (“the Property”). (Undisputed Material Fact “UMF” No. 1.) GHP managed the Property and rented the Property to Livingston. (UMF Nos. 2, 3.) On November 29, 2015, Plaintiff was on the Property when she was bitten by the dog. (UMF No. 6.) III...

Excerpt: ...n (“Decedent”). Dr. Mercado moves for summary judgment. Plaintiffs filed a notice of non- opposition. II. FACTUAL BACKGROUND Between August 29, 2014 and September 4, 2014, Decedent was hospitalized for pancreatitis, secondary to dynamic duodenal obstruction and duodenal polyp at Hemet Valley Medical Center. (Undisputed Material Fact “UMF” No. 2.) On August 3, 2015, Decedent was admitted Torrance Memorial Medical Center (“TMMC”) with a...

Excerpt: ...cut off is June 21, 2019. On April 2, 2019, the parties exchanged expert designations. On April 22, 2019, the parties exchanged in a supplemental designations. (Declaration of David Blain, ¶¶ 8, 9.) On April 25, 2019, Plaintiff served an augmented expert witness list. (Blain Decl., ¶ 10.) Plaintiff seeks leave to augment his expert witness list. Pursuant to Code of Civil Procedure section 2034.610, the court may grant leave to augment an exper...

Excerpt: ...nce, strict products liability, and negligent training, hiring, supervision, and retention arising out of a December 17, 2017 five-vehicle collision. Defendants Uber Technologies, Inc., Rasier, LLC, and Rasier-CA, LLC (collectively, “Defendants”) demur to the first and third causes of action and move to strike punitive damages and attorney's fees allegations. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will...

Excerpt: ...ident. Defendant demurs to each cause of action on grounds Plaintiff failed to state facts sufficient to constitute a cause of action and the Complaint is uncertain. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admittin...

Excerpt: ... Taking Plaintiff's deposition scheduling her deposition for December 12, 2018. (Declaration of Scott M. Hendler, ¶ 4.) On December 4, 2018, Plaintiff's counsel objected the deposition date was unilaterally set. (Hendler Decl., ¶ 6.) On December 5, 2018, Plaintiff's associated counsel objected based on a scheduling conflict. (Hendler Decl., ¶ 7.) On December 26, 2018, defense counsel left a message with Plaintiff's counsel requesting new dates...

Excerpt: ... subdivision (a). A party who is over 70 years old may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) the party has a substantial interest in the action as a whole; and (2) the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. (Code Civ. Proc., § 36, subd. (a).) An affidavit submitted in support of a mo...

Excerpt: ...igence, negligent hiring, negligent supervision, and negligent retention. The court may, in its discretion and after notice to the adverse party, allow upon any terms as may be just an amendment to any pleading. (Code Civ. Proc., § 473, subd. (a)(1).) “Public policy dictates that leave to amend be liberally granted.” (Centex Homes v. St. Paul Fire & Marine Ins. Co. (2015) 237 Cal.App.4th 23, 32.) “Although courts are bound to apply a polic...