Excerpt: ...hicle collision. Plaintiff filed a First Amended Complaint on May 4, 2018. He seeks damages for mental, pain and suffering, loss of enjoyment of life, lost wages and benefits, and emotional distress. Defendant seeks to compel the orthopedic, neurological, and neuropsychological examinations 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 w...

Excerpt: ...ff's accident or injury. Further, Defendant argues Plaintiff's claims are barred by the sudden emergency or imminent peril doctrine. II. FACTUAL BACKGROUND The subject incident occurred on Sawtelle Boulevard, which runs north/south. (Undisputed Material Fact “UMF” No. 1.) On October 11, 2016, Plaintiff crossed the street as a pedestrian on Sawtelle from east to west. (UMF No. 2.) The next thing Plaintiff saw was Defendant's vehicle, which col...

Excerpt: ...aint (FAC). Defendant demurrers to the second cause of action for negligent infliction of emotional distress and moves to strike the prayer for punitive 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 of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting al...

Excerpt: ...June 8, 2018, Defendant served Set One of Form Interrogatories, Special Interrogatories, Request for Production of Documents, and Requests for Admissions on Plaintiff. (Declaration of Darren G. Mayers, ¶ 4.) On November 8, 2018, Defendant's motions to compel were heard. Plaintiff, in pro per, appeared at the hearing and claimed he had faxed responses to defense counsel. However, Plaintiff was unable to produce any copies of the responses alleged...

Excerpt: ...o diagnose. Defendant moves for an order requiring plaintiff to file an undertaking. Where a plaintiff in an action resides out 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 ...

Excerpt: ... 2018, Plaintiff's counsel withdrew from representation and Plaintiff is now a self-represented litigant. Defendants move to compel Plaintiff's responses to discovery, for an order deeming admitted requests for admissions, to compel compliance with business records subpoena, and for monetary sanctions. Compel Responses and Deem Admitted On December 21, 2018, Defendants served Form Interrogatories, Set Two, Special Interrogatories, Set One, and Re...

Excerpt: ...udgment on grounds they did not own or keep the dog that attacked Plaintiff and did not have actual prior knowledge that the dog who attacked Plaintiff had any dangerous propensities. II. FACTUAL BACKGROUND Defendants have owned the residential property located at 5340 6th Street in Los Angeles, California (“the Property”) since 1989. (Undisputed Material Fact “UMF” No. 1.) From June 2012 to October 2018, Defendants rented the property to...

Excerpt: ...lt, Inc. (“Captain Xtreme”) was named as Doe 21. Wells Fargo filed a Cross- Complaint against Captain Xtreme. On January 16, 2018, Daniel Negrete dba Negrete Maintenance (“Negrete”) was named as Doe 22 to Plaintiff's complaint and as a roe-defendant in Wells Fargo's cross-complaint. Negrete moves for summary judgment as to the complaint and cross-complaint against it. II. FACTUAL BACKGROUND In July 2015, Wells Fargo contracted with Transt...

Excerpt: ...tebello (collectively, “Defendants”) for negligence relating to a June 18, 2016 automobile accident. At the time of the accident, Pan was driving a rented vehicle owned by Defendant. On January 15, 2019, the Court granted Defendant's motion for judgment on the pleadings with twenty (20) days' leave to amend. The First Amended Complaint (FAC) was filed on February 1, 2019. Defendant demurs to the FAC on grounds Plaintiffs fail to state a cause...

Excerpt: ...named as Doe 3. Defendant demurrers to the Complaint on grounds it owed no duty to Plaintiff and this action is barred by Plaintiff's prior dismissal with prejudice of another action arising out of this accident. 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 ...

Excerpt: ...oper venue for this action. Although Defendant titles its motion as a motion to dismiss for inconvenient forum, Defendant cites to Code of Civil Procedure section 397 regarding transfer of venue. Defendant makes no argument supporting dismissal on grounds of inconvenient forum. Therefore, the Court considers this a motion to transfer venue. Defendant has not satisfied its burden of showing Los Angeles County is an improper venue or that this acti...

Excerpt: ...Amended Complaint (“FAC”) for negligence (Civ. Code, § 1714(A), <00510048004a004f004c00 00510047000300560057[rict product liability arising out <0045005c00030044000300 00440051004a00480003[while working as a composite mechanic. SCRRA moves for summary judgment on grounds Plaintiff's action is barred by the Privette doctrine. II. FACTUAL BACKGROUND Prior to July 2016, SCRRA contracted with Bombardier, Inc. (“Bombardier”) to perform repair...

Excerpt: ...st AlliedBarton Security Services, LLC (“Cross-Defendant”) for breach of contract, equitable indemnification, equitable contribution, and declaratory relief. Cross-Defendant moves to sever the cross-complaint from the underlying action. The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of acti...

Excerpt: ...nce and dangerous condition of public property. 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 Hom...

Excerpt: ...nia Back and Pain Specialists (CBPS) and Nova Surgical Institute (Nova) requesting production of billing records and the Person Most Knowledgeable at a January 28, 2019 deposition. No appearance was made and Defendants filed these Motions to compel the compliance of CBRS and Nova with the deposition subpoenas. A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposition, or d...

Excerpt: ...ts for general negligence and premises liability relating to a December 19, 2015 fall down a staircase. Southern California Conference of Seventh-Day Adventists and Southern California Association of Seventh-Day Adventists (collectively, “Defendants”) move for summary judgment. They also seek sanctions and expenses under Code of Civil Procedure section 128.5. II. FACTUAL BACKGROUND On September 1, 2012, Plaintiff became a tenant of 1738-B Hol...

Excerpt: ...ril 2, 2016 automobile accident. On August 30, 2017, Smart & Final and Fernandez filed a cross-complaint against Road Dog Drivers, LLC (“Road Dog”) for equitable indemnification, equitable contribution, and declaratory relief. On October 27, 2017, Plaintiffs Guangyao Sha (“Sha”) and Li Li (“Li”) filed Case No. BC681175 against Defendants Smart & Final Stores, Inc. and Carlos Fernandez for negligence arising out of the same accident. O...

Excerpt: ...tem, and Nina (collectively, “Plaintiffs”) filed this action on November 13, 2017 alleging Defendants Intex Crop., Intex Recreation Corp., and Intex Group (collectively, “Defendants”) sold a defective above-ground pool and pool ladder, which caused Nina's injuries. On January 30, 2019, the parties participated in an Informal Discovery Conference with the Court regarding Defendants' responses to Plaintiff's Requests for Documents and the d...

Excerpt: ...OUND Defendant operates an automotive tire sales and repair shop at 2232 and 2236 Cotner Avenue in Los Angeles (“the Premises”). (Undisputed Material Fact “UMF” No. 1.) From June 2008 through January 2018, Defendant leased the Premises from Bumpas Family Trust of 2002 pursuant to a Lease Agreement (“the Agreement”). (UMF No. 2.) On February 4, 2016, between 2 p.m. and 3 p.m., Plaintiff and her daughter were walking southeast on Cotner...

Excerpt: ..., a public entity. 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 compl...

Excerpt: ...get's property. Target moves for summary judgment on grounds it owed no duty and Plaintiff cannot show Target created a dangerous condition that caused his accident. II. FACTUAL BACKGROUND On September 2, 2015, Plaintiff was driving southbound on Balboa Boulevard in Northridge, California, on his motor scooter. (Undisputed Material Fact “UMF” No. 2.) Joanna C. Morales (“Morales”) was exiting one of two driveways from Target's premises lea...

Excerpt: ...o care and treatment rendered to Plaintiff in September through November 2017 while she was pregnant. Defendant moves to compel binding 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 ...

Excerpt: ...insufficient facts to constitute a cause of action for motor vehicle negligence against Defendant. 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, deductio...

Excerpt: ...ture not affixed to the floor; (2) Defendant was not negligent in its placement or operation of the desk; (3) Defendant was not negligent in not affixing the desk to the floor; and (4) Defendant's desk did not cause Plaintiff to fall to the ground. II. FACTUAL BACKGROUND On March 6, 2015, Plaintiff and his mother entered the Chase Bank in Redondo Beach, California. (Undisputed Material Fact “UMF” No. 1.) Once inside, Plaintiff and his mother ...

Excerpt: ...r in the alternative, summary adjudication on grounds this action is barred by the statute of limitations. II. FACTUAL BACKGROUND On December 6, 2015, Plaintiff presented to PIH Health Hospital – Downey's emergency room with severe abdominal pain. (Plaintiff's Additional Material Facts “AMF” No. 11.) Plaintiff spoke to a doctor. The doctor and nurse waited for a diagnosis before discharging Plaintiff. (Undisputed Material Fact “UMF” No....

Excerpt: ... incident, “which memorializes purchases that YOU made on the DOI” or date of the incident. Plaintiff objected to this discovery on privacy grounds. Defendant then filed a motion to compel. Defendant argues the discovery should be produced, regardless of any privacy right, because “Plaintiff's purchases reflected on his credit and/or debit cards will reveal other activities that may have contributed and/or caused Plaintiff's injuries.” De...

Excerpt: ...e 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 continuance may be granted on an affirmative showing of good cause. (Cal. Rules of Court, Rule 3.1332.) Defendant moves for trial continuance on grounds that: (1) Defendant will be unavailable at the time of trial as he will be out of...

Excerpt: ...laint-in-Intervention for subrogation of workers' compensation benefits paid to Plaintiff. On October 21, 2015, City received a letter from Dawn Thomas at Access General Insurance, acknowledging City's claim and requesting that all further correspondence be sent to their attention. In November and December 2015, City's counsel left several messages for Thomas asking if they would accept service of the Complaint-in-Intervention. City's counsel rec...

Excerpt: ...udgment on grounds: (1) no dangerous condition existed, (2) Plaintiff's injuries were not proximately caused by a dangerous condition of public property, (3) Defendant did not have actual or constructive notice of the alleged bumps, ridges, and potholes at the location of the incident. II. FACTUAL BACKGROUND On June 27, 2016, Plaintiff was driving his motorcycle in the High Occupancy Vehicle (HOV) lane near the Lone Hill Avenue exit of the 210 fr...

Excerpt: ...o a March 7, 2015 automobile accident. Defendant demurs as to the First Cause of Action for intentional tort and moves to strike the prayer for punitive damages and related 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.4th 445, 459.) “We treat the ...

Excerpt: ... 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 as true and also consider matters w...

Excerpt: ...7 vehicle versus pedestrian collision. Noel and Bell have settled for $150,000.00 and Jonathan and Bell have settled for $100,000.00. District contests these applications for 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...

Excerpt: ...nts in the demanded category in the possession, custody or control of Plaintiff. Plaintiff's objections are not well-taken. They are boilerplate, not tailored to the requests, and do not make sense (a document request does not “call for a narrative,” it calls for the production of documents). Plaintiff is to produce all responsive documents and serve supplemental code-compliant responses. If Plaintiff is withholding any responsive documents b...

Excerpt: ... premises. Defendant moves for summary judgment, or alternatively, summary adjudication on grounds each of Plaintiff's causes of action are barred by the statute of limitations. II. FACTUAL BACKGROUND Between November 12, 2014 and November 20, 2014, Defendant was moving into a new home in Canoga Park, California. On the date of the incident, Plaintiff, a friend of Defendant's, was helping Defendant paint a wall at the house. (Undisputed Material ...

Excerpt: ...fendant 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 goo...

Excerpt: ...y and imposing monetary sanctions. To date, Plaintiff has not complied with the Court's Order, and Defendants move for terminating sanctions. Where a party fails to obey an order compelling answers to discovery, “the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction.” (Code Civ. Proc., §§ 2030.290, subd. (c), 2023.010, subd. (c); R.S. Creative, Inc. v. C...

Excerpt: ... September 15, 2013 incident at a Ralphs Grocery Store. Defendants demurrer to the Complaint and move to strike punitive 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 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 pleade...

Excerpt: ...off's indictment, whether he had entered any plea, and why he had moved out of offices shared with another doctor. To those questions, Plaintiff's counsel instructed, or recommended to him, not to answer, and the witness said he was “taking the Fifth Amendment.” It is unclear from the papers and exhibits how long the deposition was and what other topics were covered. Defendants now see a second deposition of Dr. Obukhoff so as to ask question...

Excerpt: ...tiz v. Plasencia and on March 6, 2019, a Notice of Related Cases was filed in Gutierrez v. Ortiz. Ortiz moves to consolidate these two actions. “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnece...

Excerpt: ...n California Back and Pain Specialists (CBPS) and Nova Surgical Institute (Nova) requesting production of billing records and the Person Most Knowledgeable at a January 28, 2019 deposition. No appearance was made and Defendants filed these Motions to compel the compliance of CBRS and Nova with the deposition subpoenas. A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposit...

Excerpt: ...int on grounds that it was untimely filed under Government Code section 945.6. REQUEST FOR JUDICIAL NOTICE Defendant requests that the court take judicial notice (1) the original summons and complaint filed on April 17, 2018; (2) the government claim form claim number 17006772; and (3) a July 35, 2017 letter from Laurie Roth, Program Analyst with the California Department of General Services, Government Claims Program addressed to Plaintiffs' cou...

Excerpt: ...puted Material Fact “UMF” Nos. 1, 2.) On March 2, 2016, APC was a dissolved corporation in California. (UMF No. 3.) Ho moves for summary judgment on grounds APC was dissolved on the date of the alleged incident, he has not worked for APC since September 15, 2014, and he has no knowledge of the event alleged by Plaintiff. II. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply a three-step analysis: “(1) identify th...

Excerpt: ... came off and allegedly struck Plaintiff, causing injuries. Defendants move to compel Plaintiff to sign a HIPAA-compliant authorization for the release of his medical records. A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposition, or deposition subpoena for production of business records. (Code Civ. Proc., § 2020.010.) A deposition subpoena may command: (1) only the a...

Excerpt: ...continue trial and related dates. Plaintiff filed a joinder to Defendants' Motion. 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 continuance may be granted on an affirmative showing of good cause. (Cal. Rules of ...

Excerpt: ...e (“Gillispie” and “Defendant”), Orange Courier Inc. (“Orange Courier”), Onesource Distributors Holdings, LLC, Onesource Distributors, Evell, and EAN Holdings, LLC for negligence and negligent entrustment relating to an April 10, 2015 automobile accident. Plaintiff served a deposition subpoena for a deposition and records on the Department of Motor Vehicles (DMV) seeking documents related to any moving violations, tickets, citations, ...

Excerpt: ...o pay attorney's fees, and $855.00 will be used to pay non-medical expenses, leaving a balance of $50,361.99 for Claimant. Petitioner proposes the creation of a Special Needs Trust (“SNT”) for the remaining balance. Court approval is required for all settlements of claims by an adult with a disability. (Probate Code §§ 3500, 3600,et seq.; Code of Civ. Proc. § 372.) The Court finds the settlement amount to be fair and reasonable. Further, t...

Excerpt: ...reached no duty of care to her. II. FACTUAL BACKGROUND On December 24, 2015, Plaintiff drove to the parking lot of the Costco store located in Plaza Pacoima. (Undisputed Material Fact “UMF” Nos. 1, 2.) Plaintiff arrived at approximately 2:30 p.m. and backed into a parking spot. (UMF Nos. 3, 4.) Plaintiff had been to this Costco store between ten and thirty times prior to the incident. (UMF No. 8.) Plaintiff exited her vehicle from the driver'...

Excerpt: ...ject 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 testify, as well as to produce documents for inspection and copying. (Code Civ. Proc., § 2025.280, subd. (a).) The party served with a deposition notice waives any error or irregularity unless that par...

Excerpt: ... to discovery and monetary sanctions. Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work pr...

Excerpt: ...da (2007) 147 Cal. App. 4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power<0048004900480046005700 00480003004400530053[arent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal. App. 4th 968, 994.) “The only issue involved in a demurrer hearing is whether the complaint, as it stands, unconne...