Excerpt: ...IME. On February 12, 2019, the parties entered into a stipulation that Plaintiff would submit to an IME with Kevin Ehrhart, M.D. on February 27, 2019 at 12:30 p.m. The Court entered the stipulation on February 25, 2019. Plaintiff failed to appear on February 27, 2019, and Defendant moves for terminating sanctions based on Plaintiff's repeated failures to comply with discovery obligations. Where a party fails to obey an order compelling answers to...

Excerpt: ...or motor vehicle negligence, negligence per se, and intentional infliction of emotional distress arising out of an October 11, 2016 automobile accident. Defendant demurs to the second and third causes of action and moves to strike allegations relating to Plaintiffs' prayer for exemplary damages. 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...

Excerpt: ...nd Universal City Studios LLC. Universal Studios LLC (erroneously sued as Universal Studios, LLC and NBC Universal Media, LLC) (“Defendant”) demurs to 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 demurrer as admitting ...

Excerpt: ...ril 29, 2019, Defendant filed a demurrer to Plaintiff's FAC. On April 30, 2019, Plaintiff filed a Second Amended Complaint (SAC) alleging motor vehicle negligence, general negligence, and negligent misrepresentation. On May 16, 2019, Defendant filed an “objection” to the SAC. 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...

Excerpt: ...ing out of a March 4, 2018 horseback riding incident. 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 t...

Excerpt: ...ent where he was struck by a forklift. II. FACTUAL BACKGROUND <004800470003004c005100 0010005c004800440055[ contract with Workforce Solutions, Inc. (“Workforce”). Workforce was to supply Defendant with services of temporary associates employed by Workforce. (Undisputed Material Fact “UMF” No. 1.) The agreement called for Defendant to be responsible for the supervision and training of these employees. (UMF No. 2.) On March 29, 2016, Plaint...

Excerpt: ...efendant does not own. Plaintiff obtained a copy of the Los Angeles Department of Animal Services report regarding this incident but it was redacted, preventing Plaintiff from obtaining Defendant's address. (Declaration of Stephanie Folan, ¶¶ 8, 9.) Plaintiff's counsel states she was informed that a court order would be necessary to obtain an unredacted copy of the report. (Folan Decl., ¶ 10.) However, Plaintiff cites to no authority, and the ...

Excerpt: ...he complaint on grounds Plaintiff fails to allege sufficient factual allegations and the action is barred by the Graves Amendment. 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 plead...

Excerpt: ...0057004b00 00480044005700480055[ on Santa Monica Boulevard in Los Angeles with her cousin Evelyn Glassford (“Glassford”) and Glassford's friend, Ron Nakagawa (“Nakagawa”). (Undisputed Material Fact “UMF” No. 1.) As Plaintiff was entering the theater, she fell and landed forward, face down on the theater's hard surface floor. (UMF Nos. 3, 4.) III. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply a three-ste...

Excerpt: ...y 25, 2014 when he was struck by a falling tree branch from a tree being trimmed. When he filed the complaint, Plaintiff's lawyer was Chris Purcell. On April 11, 2017, the Court granted Plaintiff's counsel's request to be relieved as counsel, which was effective on April 19, 2017 when Plaintiff's counsel served the order on Plaintiff. Thereafter, Plaintiff represented himself. On August 3, 2017, Defendant served written discovery requests, includ...

Excerpt: ...n's motion to compel Plaintiff's discovery responses and imposing monetary sanctions. On July 11, defense counsel sent an email to Plaintiff's counsel advising him of the Court's ruling. On July 12, defense counsel served a Notice of Ruling on all parties. Plaintiff failed to serve responses or to pay monetary sanctions. On September 5, 2018, the Court granted Volkswagen's motion for terminating sanctions. Plaintiff moves to set aside the dismiss...

Excerpt: ...dence showing the source of the liquid on which Plaintiff slipped. II. FACTUAL BACKGROUND <0003004400030053004400 002b004c004500440046[hi Buffet. (Undisputed Material Fact “UMF” No. 2.) Plaintiff went to use the restroom. (UMF No. 3.) Plaintiff did not notice any liquid on floor before he entered the restroom. (UMF Nos. 4, 5.) Plaintiff was in the restroom for approximately 45 seconds to 1 minute. (UMF No. 8.) Plaintiff exited the restroom an...

Excerpt: ...cember 18, 2017. Defendant City of Los Angeles (“City”) demurs to first cause of action for wrongful death as being barred as a matter of law. (City established that it originally tried to file this demurrer on January 10, 2019, and received a receipt saying the demurrer had been successfully filed that date.) II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective...

Excerpt: ...ndant Villalobos (“Villalobos”). On October 4, 2018, Plaintiffs named Young Poong USA Corporation as Doe 2 (“Defendant”). Defendant moves to quash service and seeks to be dismissed from this action because (1) service of summons was not proper; and (2) the court lacks personal jurisdiction over it. II. LEGAL STANDARDS A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good ...

Excerpt: ...nsortium relating to an injury sustained by Alfred while working on Defendants' premises. Defendants previously filed a Motion for summary judgment on grounds Plaintiffs' claims were barred by the Privette doctrine because Alfred was acting as an employee of Defendant's independent contractor at the time of injury. Defendants now move for summary judgment or summary adjudication on grounds Plaintiffs' claims are barred by Workers' Compensation ex...

Excerpt: ...��Defendants”) for injuries suffered when their vehicle was rear-ended by Defendants' vehicle. On March 5, 2019, the demurrer to Plaintiffs' second amended complaint was sustained with leave to amend. On March 26, 2019, Plaintiffs' filed their Third Amended Complaint (TAC). State demurs to the TAC on grounds Plaintiffs failed to comply with the Government Code section 945.6. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the plea...

Excerpt: ...'s responses to discovery, and Plaintiff was ordered to serve responses and pay monetary sanctions within twenty (20) days of the date of the Order. On January 28, 2019, Defendant served a Notice of Ruling on Plaintiff. To date, no responses have been received and no sanctions have been paid. (Declaration of Perry A. Lasicka, ¶ 4.) Where a party fails to obey an order compelling answers to discovery, “the court may make those orders that are j...

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

Excerpt: ...s City of Santa Monica and Mark Bivens (collectively, “Defendants”) move for summary judgment on grounds Plaintiff failed to comply with the Government Tort Claims Act. II. FACTUAL BACKGROUND <00560003004c0051005900 00030044005100030044[ccident with a City of Santa Monica (“City”) bus driven by its employee, Mark Bivens (“Bivens”). (Undisputed Material Fact “UMF” No. 2.) On January 25, 2017, Plaintiff's counsel served a preservati...

Excerpt: ...continued to May 22, 2019. <0048005300520056004800 0003002e0059004c0057[ne, M.D. (“Dr. Kvitne”). The deposition notice also demanded the production of documents. Three days before the scheduled deposition, Plaintiffs' counsel produced the requested documents, except for a Federal Court Rule 26 report. At Dr. Kvitne's deposition, Plaintiffs' counsel asked if Dr. Kvitne could produce his most recent Federal Rule 26 report disclosing all other c...

Excerpt: ... Marengo Elementary School. SPUSD moves for summary judgment, or in the alternative, summary adjudication, on grounds SPUSD had no duty to remedy the alleged dangerous condition; it had no notice of any dangerous condition; and SPUSD cannot be liable for vicarious liability as a matter of law. II. FACTUAL BACKGROUND <0057005500440057004900 004800570003004c0051[ South Pasadena, California, heading to the school when she slipped and fell on small r...

Excerpt: ... pertaining to Plaintiff's treatment. Plaintiff moves to quash on grounds the subpoenas are overbroad. A deposition subpoena may request (1) only the attendance and testimony of a deponent, (2) only the production of business records for copying, or (3) the attendance and testimony, as well as the production of business records. (Code Civ. Proc., § 2020.020.) The court, upon motion or the court's own motion, “may make an order quashing the sub...

Excerpt: ...lure to bring this action to trial within two years after this action was commenced. The court may, in its discretion, dismiss an action for delay in prosecution where service is not made within two years after the action is commenced against the defendant (Code Civ. Proc., § 583.420, subd. (a)(1)), or where the action is not brought to trial within two years after the action is commenced against the defendant. (Code Civ. Proc., § 583.420, subd...

Excerpt: ...no and Serrano Trucking (collectively, “Defendants”) move to strike portions of the Complaint. 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. ...

Excerpt: ...ither Defendant has been served with the summons or complaint. The court may, in its discretion, dismiss an action for delay in prosecution where service is not made within two years after the action is commenced against the defendant. (Code Civ. Proc., § 583.420, subd. (a)(1).) In ruling on a motion to dismiss, the court must consider the court file, diligence in seeking effective service of process, the extent to which parties engaged in any s...

Excerpt: ...urt issued a tentative order sustaining the demurrer with leave to amend. At the March 15, 2019 demurrer hearing, the demurrer to the Complaint was taken off calendar as Plaintiff had Plaintiff filed a First Amended Complaint (FAC). Defendant demurs to the FAC on grounds Plaintiff fails to state a cause of action and is uncertain, ambiguous, and unintelligible. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will b...

Excerpt: ...moves for summary judgment on grounds this action is barred by the statute of limitations and Plaintiff cannot prove the elements of negligence. II. FACTUAL BACKGROUND Nursing registries provide staffing to hospitals on an as needed basis. Nurses and registry nurses at Southern California Hospital at Hollywood (“SCHH”) hold the same title, perform the same job function, and obtain their patient assignments from the charge nurse in the same wa...

Excerpt: ...e Court denied a motion for terminating sanction but ordered Plaintiffs to respond to Defendant's written discovery requests within 30 days of the Order. Defendant served a Notice <00510003002d0044005100 0003001500130014001c[, Plaintiffs' counsel responded that he was in receipt of the Notice of Ruling and Defendant's discovery requests and would provide Plaintiff's verified, objection-free responses by February 1, 2019. Despite numerous meet and...

Excerpt: ...ertain and fails to state facts sufficient for premises liability. 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...

Excerpt: ...Declaration of Sergio C. Ponce, ¶ 5.) On February 15, 2019, Dr. Moussazadeh informed defense counsel that he required a deposition fee of $2,500.00 for the first hour and $2,000.00 for every hour thereafter. (Ponce Decl., ¶ 6.) Defendant argues this fee is excessive and cannot be supported. Defendant seeks an order from the court setting Dr. Moussazadeh's fee. If a party desiring to take the deposition of an expert witness deems that the hourly...

Excerpt: ...8, Plaintiff served her expert designations, including the designation of Ted Kobayashi (“Kobayashi”), an accident reconstruction engineer. (Declaration of Keith W. Moreton, ¶ 4.) Defendants served a Notice of Taking the Deposition of Kobayashi setting his deposition for October 8, 2018. (Moreton Decl., ¶ 5.) The deposition was continued to December 13, 2018 and again to February 1, 2019. On January 25, 2019, Plaintiff objected to the depos...

Excerpt: ...nd on October 1, 2018, the Court granted Defendant's Motion to compel Plaintiffs' responses and imposed monetary sanctions. Plaintiffs and their counsel of record were ordered to serve verified responses without objection and to pay $527.50 in monetary sanctions within twenty (20) days of the date of the Order. Where a party fails to obey an order compelling answers to discovery, “the court may make those orders that are just, including the imp...

Excerpt: ...cember 28, 2016, Plaintiff suffered a fall at home, injuring her right knee. (Undisputed Material Fact “UMF” No. 1.) On December 29, 2016, Plaintiff presented to <0044005600030056004800 00110003002500580057[cher. (UMF No. 2.) An x-ray of Plaintiff's right knee revealed a non-displaced fracture of the right anterior patella. (UMF No. 3.) Dr. Butcher subsequently placed Plaintiff in a neoprene-type brace and gave her crutches. (UMF No. 4.) Dr. ...

Excerpt: ... incident. On March 11, 2019, Plaintiff filed a First Amended Complaint (FAC). Kellermeyer demurs to the complaint and moves to strike punitive damages allegations. Leon moves to strike punitive damages allegations. 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.4...

Excerpt: ...ended Answer. Plaintiffs demur to the amended answer. Answers to the Complaint 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 denial...

Excerpt: ...ersus semi-truck collision. On February 8, 2019, Plaintiff filed a First Amended Complaint (FAC) seeking punitive damages. Defendants move to strike the punitive damages claim. Plaintiff alleges she was injured in an automobile accident with a freightliner semi-truck driven by Akbari and owned by I.T. and Ghazarian. Plaintiff alleges Akbari negligently operated the semi-truck, and punitive damages are warranted because I.T. and Ghazarian did not ...

Excerpt: ... expert designation on grounds Plaintiff failed to comply with the Code of Civil Procedure and improperly designated expert witnesses. Procedural Background Defendant objected to: (1) Plaintiff's designation of “Brad Avrit, P.E. and/or Philip Rosescu” as a liability expert; (2) Plaintiff's failure to provide a statement of her expert's qualification, a representation that her experts will be sufficiently familiar with the case to submit to a ...

Excerpt: ...med on Michelle Friedman. Dr. Rogers moves for summary judgment. Plaintiffs filed a Notice of Non-Opposition. II. FACTUAL BACKGROUND <0057000300530055004800 00520003002700550011[ Rogers complaining of moderate to several low back and gluteal pain for the prior two years. The pain occurred gradually without injury and MRI revealed lumbar stenosis. (Undisputed Material Fact “UMF” No. 1.) Dr. Rogers ordered an updated MRI, prescribed Gabapentin ...

Excerpt: ...Greenburg, M.D., and (3) Timothy Schultz, D.O. Plaintiff moves to quash or modify the subpoenas. A deposition subpoena may request (1) only the attendance and testimony of a deponent, (2) only the production of business records for copying, or (3) the attendance and testimony, as well as the production of business records. (Code Civ. Proc., § 2020.020.) The court, upon motion or the court's own motion, “may make an order quashing the subpoena ...

Excerpt: ...g in a vehicle driven by Chen when a StarCraft shuttle driven by Ni collided with Plaintiffs' vehicle. On May 2, 2019, Chen, Hu, and Lu dismissed their complaint. Defendants move for summary judgment as to Hernandez on res judicata grounds. [1] II. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply a three-step analysis: “(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negat...

Excerpt: ... 18, 2019, Defendant demurred to the FAC, which was sustained with twenty (20) days' leave to amend. On March 12, 2019, Plaintiff filed a Second Amended Complaint for premises liability and general negligence arising out of a May 22, 2016 incident on the “go kart” racing track at Defendant's premises. Defendant demurs on grounds Plaintiff fails to state facts sufficient to state a cause of action and the SAC is uncertain. II. LEGAL STANDARDS ...

Excerpt: ... Trotter Building Designs seeking documents related to any and all contracts, services, projects, correspondence and documents between Trotter Building Designs and Defendants. Defendants seek a protective order on grounds the subpoena is overbroad, seeks documents not reasonably calculated to lead to the discovery of admissible evidence, invades Defendant Khoury's privacy rights, and is not limited in time or scope. A deposition subpoena may ...

Excerpt: ...Arakelyan (collectively, “Defendants”) move for an order allowing a second medical examination of Plaintiff. 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 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 ...

Excerpt: ... of emotional distress arising out of care and treatment rendered to Plaintiff in September, October, and November 2017. 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...

Excerpt: ...nt medical examinations of Plaintiffs for August 1, 2019 with Clive M. Segil, M.D. On March 7, 2019, Plaintiffs served objections to the demands on grounds they had improper reference to “independent” examinations rather than “defense” examinations. Defendants served amended demands on March 14, 2019, which deleted reference to “independent” examinations. Plaintiffs then objected on grounds they were unavailable on August 1, 2019. On ...

Excerpt: ...red significant injuries resulting in medical treatment, including multiple surgical procedures, costing over $200,000.00 to date. In her Answer, Defendant raised affirmative defenses based on comparative negligence, assumption of risk, failure to mitigate damages, superseding causes, and contributory fault of unidentified third parties. On March 25, 2019, Defendant filed a motion for protective order. On April 4, 2019, Plaintiffs filed motions t...

Excerpt: ... summary adjudication. II. FACTUAL BACKGROUND <0048005500030049005500 0052005100510048000f[ visited a Starbucks Coffee store in Arcadia, California. (Undisputed Material Fact “UMF” No. 1.) Both Plaintiff and Yvonne ordered drinks of hot tea. (UMF Nos. 3, 4.) Yvonne sat down at a table while Plaintiff waited for the drinks. (UMF No. 5.) After the drinks were ready, Plaintiff retrieved them from the counter. (UMF No. 6.) Both drinks were double...

Excerpt: ... trial to March 2019. On January 29, 2019, Defendant substituted current counsel as trial counsel. On February 19, 2019, the parties stipulated to continue the trial to May 10, 2019, indicated they would request the case to be assigned to a long cause courtroom, and agreed to a further continuance of the trial to August or September 2019. The stipulation included a schedule for completing expert discovery, and stated that non-expert discovery was...

Excerpt: ...leging negligent entrustment and prayer for prejudgment interest. 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. (...

Excerpt: ...m the Complaint. II. LEGAL STANDARDS 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 be stricken out or disregarded”].) The cour...