Excerpt: ...case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff where: (1) the examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; and (2) the examination is conducted at a location within 75 miles of the residence of the examinee. (Code Civ. Proc., § 2032.220, subd. (a).) Where any party seeks to obtain discovery by a phy...

Excerpt: ...lsig, HS Film, LLC, Jerry Bruckheimer, Clay Lilley, and Movin On Livestock NM, LLC (collectively, “Defendants”) move for summary judgment. On April 19, 2019, Defendants filed an ex parte application to have documents, in particular exhibits for their summary judgment motion, deemed confidential and filed under seal. The ex parte application asked the Court to deem the documents confidential and file them under seal based solely on the fact th...

Excerpt: ...int (“FAC”). Bennet demurs on grounds Plaintiff fails to state fact sufficient to constitute a cause of action and that the allegations are ambiguous and uncertain. Bennet also moves to strike portions of the FAC. 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.) “W...

Excerpt: ...ent for negligence, strict liability, premises liability, and negligent infliction of emotional distress arising out of a January 6, 2017 dog bite. Lee Family Trust, Leo Y. Lee, and Hyo S. Lee (collectively, “Defendants”) demur to the complaint on grounds there are insufficient facts to state a cause of action. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defectiv...

Excerpt: ... Demurrer Jaramillo demurs to the Second Cause of Action for negligent hiring, training, retention, and supervision, as Plaintiff has not alleged facts supporting this cause of action against Jaramillo. Plaintiff does not oppose Jaramillo's demurrer to the Second Cause of Action. Jaramillo's demurrer to the Second Cause of Action is SUSTAINED. Motion to Strike Plaintiff alleges Jaramillo was driving in a rampage ignoring the speed limit and traff...

Excerpt: ...ve supplemental interrogatory responses identifying specific documents or containing substantive responses by March 15, 2019, and by March 8, 2019, both parties would produce responsive documents and a privilege log for any documents being withheld on the basis of any type of privilege, including pursuant to Evidence Code section 1157, attorney/client privilege, or work product. On March 7, 2019, Defendants served a privilege log. It is not clear...

Excerpt: ...rataliev (“Murataliev”), Harutyun Ajaryan, Irena Arakelyan, Vahagn Siroyan, SVS Transporation LLC, and Unique Transportation, Inc. for general negligence and motor vehicle negligence arising out of a March 4, 2015 motor vehicle accident. Defendants Harutyun Ajaryan (“Ajaryan”) and Irena Arakelyan (“Arakelyan”) (collectively, “Defendants”) move for summary judgment. Neither defendant was driving the BMW. (UMF Nos. 3, 4.) Neither de...

Excerpt: ...tions based on Defendant's spoliation of evidence. II. FACTUAL BACKGROUND From January 13, 2016 through November 2016, Plaintiff, his mother, Sandra Carbajal (“Carbajal”), older brother, younger brother, maternal grandmother, and maternal uncle lived in Unit 58 of a 61-unit residential apartment complex managed by Defendant. On June 15, 2016, Plaintiff fell out of the window in their living room. On June 21, 2016, six days after the incident,...

Excerpt: ...wer A verified complaint must be denied positively or according to information and belief. A general denial is effective to controvert all material allegations of an unverified complaint. (Code Civ. Proc., § 431.30, subd. (d).) Anything less than a general denial of the whole complaint is a “qualified” or “specific” denial. A defendant can direct his or her denials to specific sentences, paragraphs, of parts of the complaint. Although no...

Excerpt: ...eira, a nurse midwife, negligently used excessive force while inserting an intrauterine pressure catheter which resulted in placental trauma and necessitated an emergency C-section. On March 1 ,2019, Defendants served deposition subpoenas for production of business records on Rockland Community College, Chamberlain University, and Devry, out-of-state schools that Plaintiff attended and received nursing degrees from. The subpoenas sought “[a]ll ...

Excerpt: ...ene 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 seeking intervention ...

Excerpt: ...o recover damages that were not covered by insurance. 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 the action or proc...

Excerpt: ... 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. St. Paul Fire & Marine Ins. Co. (2015) 237 Cal.App.4th 23, 32.) “Although courts are bound to ap...

Excerpt: ...fs filed a proof of service of summons showing personal service on Electrical and Instrumentation Unlimited of Louisiana, Inc. on “Julie Stevens, Human Resources Personnel, Authorized Person to Accept Service of Process” on November 7, 2018 at 204 South Bernard Road, Broussard, Louisiana 70518. “Electrical and Instrumentation, LLC” and “Electrical and Instrumentation Unlimited of Louisiana, LLC” (“Moving Parties”) state they were ...

Excerpt: ...court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any i...

Excerpt: ...en discovery requests and defendant's deposition. The parties' counsel reached an agreement that Defendant would produce additional documents and to serve supplemental responses to form interrogatories. Defendant failed to produce the agreed-upon documents and supplemental responses. On January 11, 2019, the Court granted Plaintiff's motion to compel Defendant's deposition, ordered Defendant to appear for a deposition within sixty days, and order...

Excerpt: ...nce relating to June 21, 2016 spinal surgery performed on Michelle Friedman. Defendant moves for summary judgment. Plaintiffs filed a Notice of Non-Opposition. II. FACTUAL BACKGROUND On June 21, 2016, Plaintiff Michelle Friedman presented to Torrance Memorial Medical Center for surgery to be performed by Dr. Rogers, an orthopedic spine surgery. (Undisputed Material Fact “UMF” No. 1.) Prior to surgery, Dr. Rogers explained the elective procedu...

Excerpt: ... grounds Plaintiff failed to file her action within six months of receiving written notice of rejection of her claim as required by the California Tort Claims Act. II. FACTUAL BACKGROUND The facts are generally undisputed. On January 4, 2017, a LACMTA bus rear-ended a school bus on which Plaintiff was a passenger. On February 14, 2017, LACMTA served a Notice of Rejection of Plaintiff's claim for damages, which Plaintiff's counsel received. (Undis...

Excerpt: ...ing $10,097.88 for Claimant to be paid to Petitioner. Court approval is required for all settlements of <0003001600180013001300 [et seq.; Code Civ. Proc. § 372.) Claimant passed away on November 6, 2018. (Declaration of Derek C. Holland, ¶ 28.) The petition proposes that the balance of the settlement be paid to Petitioner, who is Claimant's daughter. On April 11, 2019, the Court denied the request to approve the settlement because when a plaint...

Excerpt: ...intiffs. Plaintiffs failed to respond, and Defendants moved to compel Plaintiffs' responses to discovery. On February 20, 2019, the Court granted Defendants' motions to compel Plaintiffs' responses to written discovery requests, ordering Plaintiffs to serve verified responses and to pay monetary sanctions within twenty (20) days of that date. Plaintiffs failed to comply with the Court's Order. Defendants move for terminating sanctions. Where a pa...

Excerpt: ...tober 14, 2017 collision. Plaintiffs allege a LAPD officer rear-ended Plaintiffs' vehicle. Defendants Los Angeles City (“City”) and Bridgette Puentes (“Puentes”) move for summary judgment or summary adjudication. As a preliminary matter, Plaintiff did not file a responsive separate statement to Defendants' separate statement of undisputed facts. “An opposition papers shall include a separate statement that responds to each of the materi...

Excerpt: ...he 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 Plaintiff's ...

Excerpt: ...mended Complaint (“FAC”) against Defendants for general negligence. In the FAC, Plaintiff changed the date of the incident to November 20, 2019, which is obvious a typo. However, elsewhere the complaint still states the incident at issue occurred on November 20, 2009. City demurs on grounds: (1) these claims was previously litigated and dismissed in Case No. BC636966; (2) the negligence cause of action is barred by the statute of limitations;...

Excerpt: ...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 motion for preference under subd...

Excerpt: ...tes in this action were reset in the lead case. Trial was set for December 26, 2018. It appears that the parties in the consolidated cases then stipulated to continue the December 26, 2018 date to March 28, 2019, which the Court ordered on September 7, 2018. However, it appears that the Court did not change the trial date from December 26 to March 28 in Case No. BC668607. On December 26, 2018, the parties failed to appear on for trial, and the Co...

Excerpt: ...to strike the prayer for punitive damages. 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(...

Excerpt: ...of emotional distress arising out of February 1, 2018 treatment Plaintiff received at UCLA Medical Center's Emergency Department. 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 ma...

Excerpt: ...d 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 Cal.2d 767, 782 [“Matter in a pleading which is not essential to the claim is surplusage; probative fact...

Excerpt: ...ompany of Los Angeles, LLC (erroneously sued as Alamo Rent A Car as Doe 1) (“Enterprise”) demurs to the complaint on grounds it is uncertain and fails to allege facts to state a cause of action against it. Plaintiffs filed no opposition to this demurrer. 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, Pierc...

Excerpt: ...rsuant to Code of Civil Procedure section 36, 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...

Excerpt: ...n Cowan (“Decedent”). Dr. Sattler moves for summary judgment. Plaintiffs filed a notice of non-opposition. II. FACTUAL BACKGROUND On August 4, 2015, Decedent presented to Dr. Sattler, who recommended treatment to address Decedent's pancreatitis including stool studies, laboratory studies, and a CT scan. Following the CT scan Dr. Sattler appropriately scheduled an endoscopic ultrasound for further evaluation. When the ultrasound revealed sludg...

Excerpt: ...concealment relating to care and treatment rendered to Plaintiff between March 2016 and April 11, 2016. On March 18, 2019, the Court sustained Defendants' demurrer to the Second, Third, and Fourth causes of action with twenty (20) days' leave to amend. On April 4, 2019, Plaintiff filed a First Amended Complaint (FAC) for (1) medical malpractice, (2) fraudulent concealment, and (3) negligent hiring and retention. Defendants demur to the Second and...

Excerpt: ...s action against Defendants City of Los Angeles and Paul Johnson (collectively, “Defendants”) for motor vehicle and general negligence arising out of an April 4, 2016 automobile collision. Defendant moves to compel Plaintiff's independent medical examination and monetary sanctions. In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff where: (1) the exami...

Excerpt: ...plainant Anetta Sagar (“Sagar”) filed a Cross-Complaint (“XC”) for damages and specific performance arising out of a Section 998 offer to compromise against Plaintiff/Cross-Defendant Kathleen Coleman (“Coleman”). Coleman demurs and moves to strike portions of the Cross-Complaint. Sagar alleges that on October 19, 2016, Coleman served a statutory offer to compromise under Code of Civil Procedure section 998 for $100,000.00. (XC, ¶ 7.)...

Excerpt: ...the Complaint <005000580051004c005700 5c0011[ 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 factu...

Excerpt: ...pposition to this motion was filed. 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, 1487.) If the settlement is made in good faith, the Court “s...

Excerpt: ...f the Order. Pursuant to the Court's order, Defendant inquired at the local post office whether there was a forwarding address of Plaintiff, and was told no change of address was on file. On February 12, 2019, BF Rodd served a Notice of Ruling and a deposition notice on Plaintiff's last known address. To date, Plaintiff has failed to appear for his deposition. BF Rodd moves for terminating sanctions. Dollar Tree filed a joinder. Where a party fai...

Excerpt: ...ance, (2) The General Automobile Insurance Services, (3) Permanent General Assurance Corporation, and (4) American Automobile Association. The parties' attorneys met and conferred several times over email, but were unable to reach an agreement. Plaintiff moves for a protective order or to quash the subpoenas. Defendants filed a late opposition. A deposition subpoena may request (1) only the attendance and testimony of a deponent, (2) only the pro...

Excerpt: ... moves to strike Plaintiff's prayer for punitive damages and related allegations. 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 Cal.2d 767, 782 [“Matter in a pleading which is not essential to the claim is surplusage; probative facts are surplusage and may ...

Excerpt: ... used to pay medical expenses, $1,750.00 will be used to pay attorney's fees, and $254.00 will be used to pay non-medical expenses, leaving a balance of $2,996.00 for Lar. Under the disposition of balance of proceeds of settlement, Petitioner checks the box stating there is a guardianship of the estate of the minor. There does not appear to be a guardianship of the estate, as a Guardian Ad Litem is not the same as a guardianship. The Court assume...

Excerpt: ...s attacked, assaulted, and shot. On June 18, 2018, Plaintiff named United Forces Security Services (“United Forces”) as Doe 1. Plaintiff served United Forces at an address in Riverside, California. On December 6, 2018, defense counsel received notice from Sedgwick Claims Management Services, Inc., administrator on behalf of Everest National Insurance Company, Inc. (“Everest”), that it was assigned to defend United Forces under its applica...

Excerpt: ...nt's first motion for terminating sanctions after Plaintiff Jose Vivian failed to appear for his deposition and disobeyed a court order to appear. Bob B. Khakshooy filed the complaint on behalf of plaintiffs, but on May 17, 2018, BB Law Group filed an association for plaintiffs. Then, on December 11, 2018, BB Law group advised they would no longer be representing plaintiffs due to a conflict of interest. Khakshooy filed an opposition to Defendant...

Excerpt: ... Plaintiff did not submit a separate statement responding to Defendant's statement of undisputed facts and instead submitted a statement containing only additional facts. The failure to comply with the separate statement requirement is sufficient ground, in the court's discretion, for granting the motion. (Code Civ. Proc., § 437c, subd. (b)(3).) Instead, the Court will consider the facts submitted in Defendant's separate statement to be undisput...

Excerpt: ...minary matter, default was previously entered against Defendant and an OSC re: default judgment was set for June 4, 2018. However, on June 1, 2018, Defendant's motion to set aside default was granted. The OSC re: default judgment should have been taken off calendar at that time, but due to a clerical error, was not. Thereafter, when there was no appearance at the June 4, 2018 OSC, the Court dismissed the action without prejudice. The Court, on it...

Excerpt: ...n he collided with Plaintiff. American Fire and Casualty Company (“Intervenor”) insures Safari and seeks leave to intervene in 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 ...

Excerpt: ...tiff filed an opposition to the Demurrer. At the March 20 hearing, the Court continued the hearing to May 8, 2019, and ordered that if Plaintiff wished to alter his opposition, he must file and serve the amended opposition by April 22, 2019. Instead, on April 25, 2019, Plaintiff filed a First Amended Complaint. “A party may amend its pleading once without leave of court at any time before the answer, demurrer, or motion to strike is filed, or a...

Excerpt: ...lided with Plaintiff's vehicle. On January 28, 2019, Plaintiff filed a proof of service showing substitute service on Defendant on January 22, 2019 on Anton Kritzinger – Brother/Co-Tenant at an address on Barry Avenue in Los Angeles, California. Michaela moves to quash service of the summons and complaint on grounds she is a resident of Johannesburg, South Africa and she was never properly served. Personal service may be accomplished by persona...

Excerpt: ... of evidence arising out of an April 17, 2015 work-related injury meat grinder incident where three of Plaintiff's fingers were amputated. Trial is currently set for August 9, 2019. Hollymatic Corporation (Doe 1) (“Defendant”) seeks to continue trial and trial- related dates. 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 prac...

Excerpt: ... Plaintiff first presented to Defendant on October 30, 1986. (Undisputed Material Fact “UMF” No. 2.) In 1986, Defendant's patient notes indicate Plaintiff's periodontal condition was healthy and stable with periodontal measurements generally 2-3 mm. He also noted Plaintiff gave a history of smoking one pack of cigarettes per day. (UMF No. 3.) In July 1990, Defendant performed deep scaling and root planning and noted Plaintiff had “bony defe...

Excerpt: .... On August 16, 2018, the San Bernardino court sustained the demurrer with leave to amend. On November 29, 2018, Plaintiff filed her Second Amended Complaint (“SAC”). On March 4, 2019, the case was transferred to Los Angeles County. Defendant demurs to the SAC on grounds the action is barred by the statute of limitations, it is uncertain, and Plaintiff fails to plead facts sufficient to constitute a cause of action. II. LEGAL STANDARDS A demu...