Excerpt: ...scovery cutoff dates were also continued to be based on the new trial date. When trial was continued to December 4, 2019 and then to January 24, 2020, the Court did not continue the discovery cutoff dates, which had already passed. Plaintiff moves to re-open discovery in order to produce her expert for deposition. Except as otherwise provided, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th...

Excerpt: ...gle cause of action for negligence. Defendants demur to the Plaintiffs' negligence claim on the grounds that it fails to state facts and is ambiguous, unintelligible, and uncertain. Defendants further demur on the grounds that there has been a misjoinder of parties and because the action is barred by the statute of limitations. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleadin...

Excerpt: ... summons, contending Plaintiff had knowledge of his identity and involvement at the time of the accident, thereby rendering Plaintiff's substitution improper because the statute of limitations had expired on December 8, 2017. Code of Civil Procedure section 474 permits a plaintiff who is ignorant of the name of a defendant to name a Doe in a complaint, and then when the true name is discovered, amend the complaint. “Section 474 provides a metho...

Excerpt: ...f did not oppose the motion. On September 25, 2019, this Court granted the motion and ordered Plaintiff to provide responses to the Form Interrogatories and pay monetary sanctions within 20 days. Defendants served a notice of ruling on September 27, 2019. Defendants did not receive responses. On November 13, 2019, Defendants filed this motion terminating sanctions for Plaintiff's failure to adhere to the Court's order. Plaintiff did not oppose th...

Excerpt: ... continuance from September 12, 2019 to December 10, 2019, which was granted. The ex parte application also sought to continue the fact discovery cutoff date, but because fact discovery had already closed, the Court informed the parties that a noticed motion was needed to reopen fact discovery. The Court based the expert deposition and motion cutoff dates on the new trial date. On November 8, 2019, Defendants applied ex parte for a trial continua...

Excerpt: ...e discovery responses. Defendant moved to compel. Plaintiff did not oppose and did not appear at the hearing. On September 20, 2019, this Court granted Defendant's motion to compel Plaintiff's responses to Defendant's Form Interrogatories, Set One, and Request for Production of Documents, Set One, and ordered Plaintiff to serve responses and pay monetary sanctions within 20 days. Defendant served a notice of ruling on September 23, 3019. Plaintif...

Excerpt: ...ted the road. (UMF No. 9.) No work orders were generated for repairs on October 26, 2017. (UMF No. 10.) On May 7, 2018, Plaintiff filed this action against Defendant and others for dangerous condition of public property pursuant to Government Code section 835 et seq. and for vicarious liability pursuant to Government Code section 815.2. Defendant moves for summary judgment or summary adjudication on the grounds that: (1) Defendant lacked actual o...

Excerpt: ...tion on the grounds that each cause of action fails to state facts sufficient to constitute a cause of action, and that the second cause of action for intentional tort is vague, ambiguous, and uncertain. Defendant also moves to strike Plaintiff's request for punitive damages. 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,...

Excerpt: ...red owner of the car and an affiliate of Zipcar. (UMF Nos. 4, 5.) On September 26, 2018, Plaintiff filed this action against Defendant alleging negligence. Defendant moves for summary judgment on the grounds that vicarious liability is precluded by the Graves Amendment, Defendant did not negligently entrust Bharganwar with the vehicle, there is no cause of action for product defect, and the vehicle involved was not defective. II. LEGAL STANDARDS ...

Excerpt: ...cation shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (Code Civ. Proc., § 437c, subd. (f)(1).) A motion for summary adjudication shall proceed in all procedural respects as a motion for summary judgment. (Code Civ. Proc., § 437c, subd. (f)(2).) In reviewing a motion for summary judgment, courts must apply a three-step analysis: “(1) identify the issues...

Excerpt: ...he area at 18:31:58 and falls at 18:32:04. On March 19, 2018, Plaintiff filed this action alleging she fell due to negligently maintained premises and that Defendant failed to make the premises safe or warn her of the dangerous condition. Defendant moves for summary judgment on the grounds that Plaintiff cannot establish a triable issue of fact as to whether Defendant had actual or constructive notice of the dangerous condition. II. LEGAL STANDAR...

Excerpt: ...n to the motion and did not serve responses to Defendant's Form Interrogatories. On October 1, 2019, the Court granted Defendant's motion to compel and ordered Plaintiff to serve responses within 20 days and pay sanctions of $210.00 within 20 days. On October 2, 2019, Defendant served a notice of ruling on Plaintiff. Plaintiff did not serve the discovery responses or pay the sanctions. Defendant filed this motion on October 24, 2019 for terminati...

Excerpt: ...and $256,080.86 will be used for non-medical expenses, leaving a balance of $1,526,293.13 for Claimant. Of the amount for Claimant, $772,504.27 will be invested in an annuity and $753,788.86 will be paid or transferred to the trustee of a special needs trust (“SNT”). Court approval is required for all settlements of claims by a person with a disability. (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.) The Court finds the settl...

Excerpt: ..., 2019, Plaintiff filed a first amended complaint (“FAC”) adding three causes of action for assault, battery, and false imprisonment. Defendant moves for summary adjudication of the assault, battery, and false imprisonment claims on the grounds that they contradict the facts pled in the original complaint and Plaintiff's discovery responses and are barred by the one-year statute of limitations. Defendant also moves for summary adjudication of...

Excerpt: ..., for negligent entrustment and negligence per se. Andres and Gianmar (collectively, “Defendants”) move for summary judgment of the causes of action for negligent entrustment and negligence per se. II. FACTUAL BACKGROUND On May 26, 2018, a motor vehicle accident involving Plaintiff and Alfredo occurred at approximately 4:50 a.m. (UMF No. 1.) At the time of the accident, Alfredo was 18 years old and driving a 2009 Toyota Prius registered to An...

Excerpt: ...ifornia Code of Civil Procedure section 474 to substitute Samuel Tereso for a previously named fictitious defendant. Samuel Tereso moved to quash service of summons, but his motion was denied on November 19, 2019. On October 1, 2019, Plaintiff filed this motion for leave to file amended complaint to add Luis Tereso as a defendant and to add the allegation that Luis was driving the vehicle at the time of the collision. Plaintiff attached a copy of...

Excerpt: ...ack by Defendants' dogs on Anna and Plaintiffs' dogs. Defendants seek to strike the request for punitive damages. 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 or any part of any pleading not drawn or filed in conformity with California law, a court rule, or an order of the court. (Code Civ. Proc., § 436, subd. (a), subd. (b).) An immaterial or irr...

Excerpt: ...an automobile collision with a bus operated by MV Transportation, Inc. (named as Doe 1), driven by MV employee, Michelle Taylor. Defendants served a notice of deposition of the person most qualified (“PMQ”) at Fardad Mobin, M.D.'s office on July 10, 2019, with a deposition subpoena for the production of documents. The notice of deposition identifies 24 categories of testimony regarding various policies and practices, including for medical bil...

Excerpt: ...o bifurcate issues of liability and damages at trial. “The 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 late...

Excerpt: ...he grounds it did not create or have notice of the allegedly dangerous condition. 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 negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence of a triable, material factual issue.” (Hinesley v. Oakshade To...

Excerpt: ...le (“DMV”) requesting “[a]ny and all records” pertaining to Plaintiff, and “[a]ll writings . . . which reference or reflect any aspect of [Plaintiff's] driving record, driving privileges, and/or driving restrictions,” including “all printouts, lists, license status, records of accidents, vehicle history, license suspension or revocation or limitation, or any other aspect of driving.” Plaintiff moves to quash the subpoena on ground...

Excerpt: ...nlimited civil case as a limited civil case may be granted only if the court determines that the plaintiff's claim necessarily involves less than $25,000.00—that a greater recovery “could not be obtained” or is “virtually unobtainable.” (Walker v. Superior Court (1991) 53 Cal.3d 257, 269-270.) In ruling on a motion to reclassify, the Court may not properly “trespass into the province of the trier of fact” and in particular, “pain ...

Excerpt: ... 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 subdivision (a) of Section 36 may be signed by the attorney for the par...

Excerpt: ...ct (“UMF”) Nos. 1- 2.) Defendant moves for summary judgment on the grounds that Plaintiff cannot prove Defendant had actual or constructive notice of the alleged dangerous condition, and that any dangerous condition was open and obvious to Plaintiff. 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...

Excerpt: ...er student (“Jonathan,” named as Doe Defendant 51) on October 24, 2018. The complaint alleged only negligence and NEID against Defendant South Pasadena Unified School District (“Defendant”). Plaintiff alleged Jonathan is a special needs student who was supposed to be supervised by a companion or attendant employed by Defendant at all times, but that Defendant negligently failed to supervise Jonathan, allowing Jonathan to attack Plaintiff....