Excerpt: ... medical records. (Declaration of Kimberly Doran, ¶ 3.) On April 5, 2017, Dr. Sharma's office informed defense counsel that the records would not be released without an authorization or a court order. (Doran Decl., ¶ 4.) On November 26, 2018, defense counsel served a signed authorization on Dr. Sharma's office. (Doran Decl., ¶ 5.) Defendant contends records have not been received, despite efforts throughout December 2018 to obtain the records ...

Excerpt: ...iction of emotional distress, negligent infliction of emotional distress, negligence, negligence per se, and negligent supervision and hiring, and seeking punitive damages and damages for breach of contract, pre-judgment and post-judgment interest for breach of implied covenant of good faith and fair dealing. Defendant moves to strike the prayer for punitive damages and related allegations and the prayer for contract damages. Any party, within th...

Excerpt: ...his action against it is barred by the Graves Amendment and there is no evidence supporting a cause of action for motor vehicle negligence against it. Plaintiff filed a Notice of Non-Opposition to Hertz's Motion. II. FACTUAL BACKGROUND <0047000300270044005800 00480003004c00510059[olved in a two-vehicle accident. (Undisputed Material Facts “UMF” No. 1.) At the time of the accident, Hertz owned the vehicle Daurant was driving, which Daurant ren...

Excerpt: .... Defendant Gonzalo A. Rodriguez dba Competition Valet Parking Service filed this Motion for determination of good faith settlement. The Court must approve any settlement entered into by less than all joint tortfeasors or co-obligors. (Code of 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. Super...

Excerpt: ... 75 miles from his residence. 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 residence of the examinee. (Code of Civ. Proc., § 2032.220, subd. (a).) A defendan...

Excerpt: ...missible evidence. No. 2: Granted, except any attorney/client privileged or work product documents may be withheld and listed on a privilege log. No. 13: Granted, after the District provides notice to the student. The request is reasonably tailored to the matter in dispute in this litigation. Nos. 14, 18, 38, 39: Granted in part. The District shall produce non‐privileged responsive documents concerning the alleged assault on Plaintiff, not incl...

Excerpt: ...istopher D'Alonzo (“D'Alonzo”), and Sam Doe (“Doe”). On June 13, 2018, Plaintiff filed her First Amended Complaint (“FAC”) for negligent entrustment of dangerous instrumentality, negligent supervision, and negligent training. The District and D'Alonzo (collectively, “Defendants”) move for summary judgment, or in the alternative, summary adjudication, on grounds this action is barred by assumption of the risk and there are no triab...

Excerpt: ...ion is barred by the Firefighter Rule, and the condition was open and obvious. II. FACTUAL BACKGROUND Plaintiff worked as a Forensic Specialist II for the City of Whittier Police Department. On May 12, 2015, Plaintiff and his partner responded to Hadley Towing to investigate a recovered stolen vehicle. (Undisputed Material Fact “UMF” No. 1.) Plaintiff had been to the Hadley Tow Yard (“the Tow Yard”) hundreds of times prior to the date of ...

Excerpt: ... hearing on January 16, 2019. On January 2, 2019, Plaintiff served a First Amended Complaint (the “FAC”) but did not file the FAC until January 24, 2019. Neither party informed the Court that Plaintiff intended to file the FAC. In the meantime, on January 16, 2019, the Court issued a ruling on the Demurrer, sustaining it with leave to amend. On January 18, 2019, Defendant filed a Demurrer to the FAC on the grounds that the FAC fails to state ...

Excerpt: ...e to San Diego County on grounds Los Angeles County is an improper venue. An action for personal injury may be tried either in the county where the defendant resides or in the county where the injury occurred. (Code Civ. Proc., § 395, subd. (a).) On timely 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 g...

Excerpt: ... attorney and ordered Plaintiff to appear on the next hearing date of November 9, 2019, with an attorney. On November 9, 2019, Plaintiff failed to appear, and the hearing was continued to November 19, 2019. On November <0058005500570003004a00 00480049004800510047[ant's motion to compel Plaintiff's deposition and ordered that she appear for her deposition on December 13, 2018 and that she pay $203.75 in monetary sanctions within twenty (20) days o...

Excerpt: ...a dangerous condition existed. II. FACTUAL BACKGROUND On March 24, 2016, Plaintiff arrived at Mastro's Restaurant in Beverly Hills at about 5:30 p.m. (Undisputed Material Fact “UMF” Nos. 1, .) Plaintiff and her companions remained at the same location at the third floor bar for the duration of their time at the restaurant. Until the time of the accident, Plaintiff was seated on the same stool. (UMF No. 3.) When Plaintiff first sat down, she t...

Excerpt: ...s. Plaintiff was ordered to provided verified responses, without objection; to appear at his deposition; and to pay monetary sanctions within twenty (20) days of the Court's Order. Defendant served a notice of ruling on Plaintiff on November 13, 2018. To date, Plaintiff has not complied with Court's November 9, 2018 Order. Defendant seeks terminating sanctions. Where a party fails to obey an order compelling answers to discovery, “the court may...

Excerpt: ...or sampling documents, tangible things, land or other property, and electronically stored information in the possession, custody, of control of any other party to the action. (Code Civ. Proc., § 2031.010, subd. (a).) A party may demand that any other party produce and permit the party making the demand, or someone acting on the demanding party's behalf, to inspect and to photograph, test, or sample any tangible things that are in the possession,...

Excerpt: ...p and fall incident. Defendant seeks to compel inspection of Plaintiff's cell phone records for the three-hour period surrounding her fall. Defendant does not seek discovery of the content of any text messages or calls. Rather, Defendant seeks records showing the existence of any text messages or calls which would contradict Plaintiff's deposition testimony. On October 1, 2018, the Court heard Defendants' prior motion to compel Plaintiff's author...

Excerpt: ...endants, and each of them, created and had notice of the condition by failing to adequately warn of liquid spilled on Defendants' premises. Had Defendant taken adequate maintenance and/or precautionary measures, the dangerous condition and Plaintiff's subsequent injury producing slip and fall would have been avoided.” (Complaint, ¶ Prem.L-1.) Plaintiff now seeks to amend the complaint to allege theories of liability based on unreasonably slipp...

Excerpt: ... filed a timely bodily injury claim with Defendant City of Monterey Park (“the City”), which the City rejected on February 12, 2018. On August 2, 2018, Plaintiff filed a Complaint against Defendants Specialty Restaurant Corp., Casuda Canyon Restaurant, and the City. On October 31, 2018, Plaintiff filed the operative First-Amended Complaint (“FAC”), asserting claims for (1) General Negligence and (2) Premises Liability. On December 14, 201...

Excerpt: ...ar Enriquez, Does 1 through 1-20, and each of them, were physicians, surgeons, or medical practitioners licensed to practice medicine and perform surgery . . .” (Complaint, ¶ 2.) On May 25, 2018, Plaintiff amended the complaint to name Edgar Enriquez, M.D. (“Dr. Enriquez”) as Doe 1. Dr. Enriquez moves to dismiss this action against him on grounds he was not served with the summons and complaint within three years. “The summons and compla...

Excerpt: ... Distributors Holdings, LLC, ONesource Distributors, 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 Carrell for implied indemnity, contribution, and declaratory relief. Carrell has two separate law firms representing her—one representing her as Plaintiff and one representing her in her capacity as a cross-d...

Excerpt: ...seeks leave to file a First Amended Answer adding a sixth affirmative defense that Plaintiff was an uninsured motorist pursuant to Civil Code sections 3333.4(A)(2)-(3). 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. (C...

Excerpt: ...troom. She screamed and swore at Plaintiff for being in the restroom. She hit him in the face and body with her hands. On October 4, 2018, Plaintiff filed the operative Complaint against Defendants Leon, Kellermeyer, and Home Depot; asserting claims for (1) Assault and (2) Battery. On December 7, 2018, Kellermeyer filed the instant Demurrer. Plaintiff opposes. II. Legal Standard A demurrer for sufficiency tests whether the complaint states a caus...

Excerpt: ...to settle their claims <0013001100130013001100 0013000f001300130013[.00 will be allocated to Haynes and $100,000.00 will be allocated to Kim. Kim will receive $100,000.00. If approved, $40,000.00 will be used to pay attorney's fees and $984.96 will be used to pay non-medical expenses. However, The Homampour Law Firm (HLF) has agreed to reduce its total attorney's fees by $190,984.96, which will be paid to Kim, resulting in a net settlement amount...

Excerpt: ...40056000300 0044004a0044004c0051[st McDonald's Restaurants of California, Inc. (“McDonald's”). McDonald's moves to set aside default. 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 provisi...

Excerpt: ...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 seeks a trial continuance because trial counsel will be out of town for his grandson's wedding in Hawaii during the curren...

Excerpt: ...ests for Admissions, Set Two; (4) Form Interrogatories, Set Two (collectively, “Outstanding Discovery”) and the depositions of Defendant's Person Most Knowledgeable (PMK) relating to employees and staffing and Defendant's PMK relating to video surveillance. Compel Responses to Written Discovery Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code Civ. Proc., §§ 2030.290...