Excerpt: ...various medical providers and custodians. Plaintiff moves to quash the subpoenas on the grounds that they are overbroad and violate Plaintiff's constitutional right to privacy. Defendants did not oppose. When a plaintiff puts her health and physical condition at issue, the privacy and privileges that normally attach to such sensitive information are “substantially lowered by the very nature of the action.” (Heller v. Norcal Mutual Ins. Co. (1...

Excerpt: ...s fair and the pavement was dry. On July 2, 2018, Plaintiff filed this action against defendant City of Pasadena (“Defendant”) for damages. Defendant moves for summary judgment on the grounds that the pull box did not constitute a dangerous condition and that it did not have actual or constructive notice of the condition. II. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply a three-step analysis: “(1) identify t...

Excerpt: ...its favor or, in the alternative, summary adjudication of the First Cause of Action for Negligence and Fourth Cause of Action for Loss of Consortium, the two causes of action alleged against OFA. Kawcyznski and Plaintiffs oppose the motion. II. FACTUAL BACKGROUND On February 20, 2016, Kawczynski and Richard Evans were involved in a three vehicle collision in San Pedro. (Defendant's Undisputed Material Facts (“UMF”) No. 1.) Kawczynski was the ...

Excerpt: ...o the Complaint on the grounds that it does not allege facts sufficient to states a cause of action for general negligence. II. DISCUSSION 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 c...

Excerpt: ...wing 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 Town Center (2005) 135 Cal.App.4th 289, 294.) “A party may move for summary adjudication as to one or more cau...

Excerpt: ...e Huang at a party at Defendants' house. Defendants demur to the causes of second and third causes of action and move to strike portions of the complaint. Plaintiffs did not oppose. II. DISCUSSION Plaintiffs allege that at a party at Defendants' home, Defendants furnished alcohol to minors, including Plaintiff Jules who became intoxicated. Plaintiff Jules and another guest started arguing and pushing each other. Then Defendant Jesse and two other...

Excerpt: ...sed City, County, and Los Potros. On May 22, 2018, Plaintiffs amended their complaint to add the Estate of Latham Bell (“Defendant Estate”) as a defendant. On May 4, 2017, Plaintiff Lilia was standing outside Los Potros Restaurant near the outside seating area waiting to purchase food. Defendant Bell, a school teacher with LBUSD, caused the vehicle he was driving to enter onto the sidewalk and penetrate Los Potros Restaurant's metal fence and...

Excerpt: ...xteen subpoenas on Plaintiffs' medical providers seeking medical, billing, and radiological records. Plaintiffs served objections on September 9, 2019. Plaintiffs filed this motion to quash on September 13, 2019, arguing that the subpoenas are overbroad and violate Plaintiff's right of privacy. When a plaintiff puts her health and physical condition at issue, the privacy and privileges that normally attach to such sensitive information are “sub...

Excerpt: ... breach of implied-in-law covenant of good faith and fair dealing; and common count. Plaintiffs allege that Yang went to speak with Lin at Lin's business, Candle 88, relating to $229,559.55 in unpaid invoices owed to TSC. Lin demanded a significant discount on the amount owed and requested to return some of the items invoiced to Candle 88. Yang refused to agree to a discount or accept any returns and attempted to leave. Lin grabbed Yang by her le...

Excerpt: ...en he was hit by Defendant's vehicle driven by Defendant's employee, Estero. Plaintiff stated in discovery he owned the vehicle, the vehicle was not insured, and he did not possess financial responsibility for the vehicle on the day of the accident. (UMF Nos. 3, 4, 9.) Defendant moves for summary adjudication on the issue of non- economic damages. Defendant contends Plaintiff is not entitled to recover non-economic damages for pain, suffering, in...

Excerpt: ...o fall from the scooter. Lime moves to compel arbitration. No party opposed the motion. “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 agreement to arbitrate the controversy exists, unless it dete...

Excerpt: .... After the deposition, on July 25, 2019, the LAPD produce body camera footage of the incident's aftermath. Plaintiff seeks to compel the second deposition of Defendant to ask about the footage, in particular statements Defendant made that were recorded by the body camera. Plaintiff argues that the footage was not available at the time of the deposition, and Plaintiff was not sure the footage existed until after the deposition. Defendant opposes ...

Excerpt: ...torney's fees, and $17,948.80 will be used for non-medical expenses, leaving a balance of $489,051.20 for Claimant. $3,000 in holdback expenses are for payment to the trust attorney. Of the amount for Claimant, $400,000 will be invested in an annuity and $85,192.94 will be paid or transferred a pooled special needs trust (“SNT”). Court approval is required for all settlements of claims by a person with a disability. (Probate Code §§ 3500, 3...

Excerpt: ...sued as “Ralphs Grocery Company, Inc.”) (“Defendant”) and confirmed that she was injured from the incident and was pursuing a bodily injury claim. On December 5, 2016, Plaintiff's counsel sent a preservation letter to the claims handler requesting preservation of the video surveillance tapes relating to the date of the incident. The claims handler sent an acknowledge of receipt on December 7, 2016. On July 3, 2018, Plaintiff filed this ac...

Excerpt: ... issued a deposition subpoena for production of business records to Methodist Hospital in Arcadia with a production date of September 30, 2019. Defendant served objections on September 3, 2019. The subpoena sought all medical records, medical bills, intake forms, photos, and absence-from-work forms for Defendant's visit to the emergency room on December 12, 2014, as well as those created after his visit and any other medical records about Defenda...

Excerpt: ...mberly sustained on June 18, 2015. A parking lot gate lowered and hit her head while she was leaving on foot through the vehicular exit of the parking lot after a car had activated the gate. Defendant moves for summary judgment on the grounds that Plaintiff cannot demonstrate a triable issue of material fact as to the required elements for the claims. Defendant contends that it was not negligent, gave adequate warnings, and had no notice of any d...

Excerpt: ...efault on April 7, 2016. Plaintiff's counsel states that on November 30, 2016 her office received a phone call from a person at Iguanas about insurance coverage. Through 2016, Plaintiff sought to obtain a judgment and a writ of execution. Plaintiff's counsel states on January 9, 2017, she received a call from Nancy Guzman about insurance. In 2017, Plaintiff sought to amend the complaint to add Nancy Guzman as a defendant. On August 4, 2017, Plain...

Excerpt: ... by STS. STS filed a cross-complaint against Ortega for indemnity, apportionment and declaratory relief with respect to claims against it by Sparrow. Sparrow and Ortega reached a settlement regarding any claims Sparrow may have against Ortega arising out of the accident and submit this application for good faith settlement. The Court must approve any settlement entered into by less than all joint tortfeasors or co-obligors. (Code Civ. Proc., § 8...

Excerpt: ... then filed a First Amended Complaint. Defendant moves to strike punitive damages allegations. Punitive damages may be imposed where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice. (Civ. Code, § 3294, subd. (a).) “Malice” is conduct intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on with a willful and conscious disregard of the...

Excerpt: ...Defendant's rejection of Plaintiff's claim form submitted pursuant to the Government Claims Act. Defendant contends that on July 5, 2017, the California Department of General Services Government Claims Program (“GCP”) received a claim dated June 30, 2017 by Jacob Emrani on behalf of Plaintiff. (Defendant's Undisputed Material Fact (“UMF”) No. 1.) On July 25, 2017, GCP deposited a letter in the mail rejecting Plaintiff's claim addressed to...

Excerpt: ...gently designed, manufactured, installed and maintained to rotate beyond 180 degrees without a safety catch to prevent injuries to people standing behind it.” (Complaint, ¶ 13.) Plaintiff was standing next to the machine when the user of the machine released the machine arms, which swung “more than 180 degrees behind said machine without any warning or mechanism to protect individuals like plaintiff who stood behind the machine.” (Ibid.) P...

Excerpt: ...esses, 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 later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede ...

Excerpt: ...order under Code of Civil Procedure section 2019.030 limiting Defendants to one medical examination and no psychological examination. In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff. (Code Civ. Proc., § 2032.220, subd. (a).) Where any party seeks to obtain discovery by a physical examination other than that described in Section 2032.220, or by a mental...

Excerpt: ... Plaintiff then filed this motion for reconsideration asking the Court to consider several documents – three default judgment packages – that were not part of the case record and which Plaintiff had not filed with his opposition to the motion to dismiss. The Court will assume that the motion for reconsideration satisfies the requirements of Code of Civil Procedure section 1008 and reconsiders the September 9, 2019 decision in light of the add...

Excerpt: ...aught fire from a cigarette and caused Jonkey's unit to burn, leading Joseph to suffer smoke inhalation injuries. Helena asserts a loss of consortium claim from those injuries. Plaintiffs also suffered property damage. Plaintiffs filed this action against defendants New Vista Nursing Operator, LLC, Desoto LTD, LLC, and Does 1 to 10 alleging causes of action for general negligence, premises liability, and loss of consortium. Plaintiff named defend...