Excerpt: ...nd to Defendants' written discovery requests, to appear for his deposition, and to pay monetary sanctions within twenty (20) days of the date of the Order. Defendants move for terminating sanctions based on Plaintiff's failure to comply with the Court's Order. 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, ...

Excerpt: ...: (1) negligence, (2) negligence per se, and (3) statutory liability. On December 7, 2018, Defendant demurred to the Complaint on the grounds that the Second Cause of Action fails to state facts sufficient to constitute a cause of action for negligence per se and the Third Cause of Action seeks duplicative damages. Defendant concurrently filed a motion to strike allegations concerning Vehicle Code Sections 22350, 29003, 29004, and 22406 on ground...

Excerpt: ...ing injuries. On August 30, 2018, Plaintiffs filed the operative Complaint against Target, asserting claims for (1) Negligence and (2) Bystander Emotional Distress. Target demurs to the second cause of action. II. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor...

Excerpt: ...Defendants”) for medical malpractice relating to care and treatment rendered to Trang Tong (“Decedent”), wife to Nick and mother to Justin and Bryan, in November and December 2016. Dr. Nassif moves for summary judgment. Plaintiffs filed a Notice of Non-Opposition and Non-Appearance. II. FACTUAL BACKGROUND On November 28, 2016, Decedent presented to San Gabriel Valley Medical Center Emergency Department with complaints of upper abdominal pai...

Excerpt: ...y motion, the court must order a transfer of venue “when the court designated in the complaint is not the proper court.” (Code Civ. Proc., §§ 396b, 397(a).) A motion to transfer venue on grounds the designated court is not proper must file and serve the motion before or at the time of filing an answer, demurer, or motion to strike. (Code Civ. Proc., § 396b.) “Venue is determined based on the complaint on file at the time the motion to ch...

Excerpt: ...On December 17, 2018, the Court denied Plaintiff's application for default judgment in light of Mata's Answer, but noted Mata could not defend this action until entry of default was set aside. Mata filed this Motion to set aside entry of default on January 31, 2019. Mata moves to set aside entry of default on grounds she did not receive notice of this action in time to defend against it. Where a service of summons has not resulted in actual notic...

Excerpt: ...fendants move to continue trial and to reopen discovery. 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 Court, Rule 3.1332.) Defen...

Excerpt: ...to care and treatment rendered on December 27, 2016. Defendant moves to compel Plaintiffs' responses to discovery, to deem admitted requests for admissions, and monetary sanctions. Compel Responses On August 9, 2018, Defendant served Form Interrogatories, Special Interrogatories, and Requests for Production of Documents on each Plaintiff. (Declaration of Adam L. Robinson, ¶ 4.) Defense counsel granted an extension on responses to September 27, 2...

Excerpt: ...Code of Civil Procedure, section 1030. 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 state and there is a reasonable possibility th...

Excerpt: ...nce relating to a May 6, 2016 slip and fall (“Pustilnikov Case”). On October 26, 2017, the Pustilnikov Case was deemed related to the Kalfon Case. On January 26, 2018, Plaintiff Tali Dayan (“Dayan”) filed an action against The Abbey for premises liability and general negligence relating to a May 6, 2016 slip and fall (“Dayan Case”). On December 20, 2018, the Dayan Case was deemed related to the Kalfon Case. The Abbey moves to deem the...

Excerpt: ... or retention of an employee; intentional infliction of emotional distress; negligent infliction of emotional distress; and respondeat superior liability relating to a July 12, 2015 incident at NOS's premises in San Bernardino, California. On December 20, 2017, CSC filed an Answer and a Cross-Complaint for indemnity against ZOES 1-100. CSC seeks leave to amend its Cross-Complaint to allege causes of action for: (1) indemnity, (2) contribution and...

Excerpt: ...nsufficient notice of its existence to have remedied it. II. FACTUAL BACKGROUND On December 19, 2015, Plaintiff went to the Albertsons store in Baldwin Hills. (Undisputed Material Fact “UMF” No. 1.) It had been raining throughout the day, including heavy rain at times. (UMF No. 2.) It was raining while Plaintiff was driving to the store and when Plaintiff parked her car at the store. (UMF No. 4.) A rug and wet floor warning cone were placed i...

Excerpt: ...fendant filed this Motion to set aside default entry. The court has broad discretion to vacate the entry of default, default judgment, or a dismissal where the moving party timely establishes a proper ground for relief. (Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 495.) Code of Civil Procedure, section 473, subdivision (b) contains two distinct provisions for relief from default: a discretionary provision and a mandatory provision. (C...

Excerpt: ...greed to submit all claims for uninsured motorist accidents to binding arbitration. Petitioner seeks to compel binding arbitration of this matter. “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 ag...

Excerpt: ...ave to amend. On August 8, 2018, Plaintiff filed a First Amended Complaint (FAC). On August 15, 2018, Plaintiff filed a Second Amended Complaint. On August 24, 2018, Plaintiff filed another Second Amended Complaint. On October 25, 2018, the Court sustained Defendant's demurrer to the August 8, 2018 FAC and struck the other amended pleadings as being impermissibly filed without leave of the Court. The Court granted Plaintiff thirty (30) days leave...

Excerpt: ... asserting claims for Motor Vehicle and General Negligence. On December 12, 2018, Plaintiff's counsel was relieved as counsel, effective on January 7, 2019 when the proof of service of the order was filed. On January 7, 2019, the City filed this Demurrer to Plaintiff's Negligence claim and served Plaintiff by mail at the address listed as her last known address in the order relieving her counsel. Plaintiff has not filed an opposition as of Februa...

Excerpt: ...Complaint (FAC) to seek 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: ...nt 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 apply a policy of great liberality in permitting amendments to the...

Excerpt: ... assailants. Defendant moves for summary judgment, or in the alternative, summary adjudication on grounds it did not breach any duty owed to Plaintiff. II. FACTUAL BACKGROUND Pegasus Apartments is a thirteen floor apartment building. (Undisputed Material Fact “UMF” No. 5.) Residents enter the lobby by using a key fob or by entering a code. (UMF No. 7.) Defendant hired a private security company, Star Alliance, to provide a security guard at t...

Excerpt: ...fendant”) moves to compel Plaintiff's deposition and independent medical examination. Deposition <0056000300520051000300 00150017000f00030015[018, February 20, 2018, and March 20, 2018. The deposition notices stated that Defendants Southland Transit, Inc., Los Angeles County Metropolitan Transportation Authority, and Reginald Oneil Reid would take Plaintiff's deposition. (Exh. A.) Hall Griffin Firm, counsel for Southland Transit, Inc. represent...

Excerpt: ...g service of the summons and complaint on “Electrical and Instrumentation Unlimited of Louisiana, Inc.” on Julie Stevens, Human Resources Personnel, Authorized Person to Accept Service of Process at 204 South Bernard Road, Broussard, Louisiana 70518. However, “Electrical and Instrumentation, LLC” and “Electrical and Instrumentation Unlimited of Louisiana, LLC” (“Moving Parties”) state they were erroneously served with the summons ...

Excerpt: ...ert designations was due on October 29, <000300030033004f004400 0044005600030057005a[o attorneys and his handling attorney was out of state from October 25, 2018 until November 5, 2018. (Honey Decl., ¶ 5.) On November 5, 2018, counsel spoke with co-counsel and realized Plaintiff's expert designation had not been sent out. (Honey Decl., ¶ 6.) There was a miscommunication between Plaintiff's two attorneys which prevented the expert designation fr...

Excerpt: ...te Lewis, RN, fully complied with the standard of care in her care and treatment of Plaintiff and no act or failure by Defendant was a substantial factor in causing or contributing to Plaintiff's alleged injuries. Plaintiff filed no opposition to this Motion. II. FACTUAL BACKGROUND On August 15, 2012, Arredondo presented to Foothill Presbyterian for induction of labor for a past due date. Approximately one hour later, Annette Lewis, RN (“Nurse ...

Excerpt: ...ied Plaintiff's motion for leave to amend. On August 28, 2018, the Court denied Plaintiff's motion to set aside dismissal. On October 18, 2018, Plaintiff filed a Notice of Appeal. On October 26, 2018, Plaintiff filed a Writ Petition. Trial in this matter is currently set for April 15, 2019. Plaintiff requests a discretionary stay of proceedings until the Writ and Appeal are decided. If a moving party desires that a trial be stayed pending an appe...

Excerpt: ...4.1, (6) negligence, Government Code sections 815.2, 815.6, 820, (7) dangerous condition of public property, Government Code sections 830, 835, 840.2, and 840.4, and (8) negligent hiring. Upon filing the Complaint on December 24, 2015, Plaintiff also filed an Application for Appointment of Guardian Ad Litem, as Plaintiff was a minor at the time the lawsuit was filed. Plaintiff applied twice and was rejected both times on January 6, 2016 and April...