Excerpt: ...of him. Plaintiff filed a first amended complaint (“FAC”) on September 17, 2019 alleging three causes of action for motor vehicle, general negligence, and negligent entrustment. LACMTA demurs. 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...

Excerpt: ...eek when she fell into the wash basin and sustained serious injuries. Plaintiff alleges that there was fencing along the road adjacent to the Compton Creek that would have prevented her fall, but the Los Angeles Sheriff's Department cut the fencing on August 25, 2016, and the fencing was never repaired. On August 5, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”). Defendant County demurs to the FAC on the grounds that the ...

Excerpt: ...re unavailable, and that Defendant could not travel to the noticed location due to medical and accessibility issues at Plaintiff's counsel's office. On August 15, 2019, Plaintiff's counsel insisted the deposition proceed at his office and requested deposition dates by August 21, 2019. Defense counsel provided dates in September 2019 and proposed that Plaintiff's counsel reserve a parking space for Defendant because Defendant needed to use a walke...

Excerpt: ...sing from a motor vehicle versus motorcycle accident occurring on October 10, 2016. At the time of the accident, Defendant Alyssa was operating a Honda Civic and carrying three passengers, including Plaintiffs Defendants Jennifer and Alyssa seek a mental examination and a second physical examination of Ohern. Plaintiff was previously examined by Barry I. Ludwig, M.D. (“Dr. Ludwig”), a neurosurgeon, who performed orthopedic, neurological, and ...

Excerpt: ...ion was barred by the statute of limitations. The Court granted Marta's motion on August 23, 2019. The Court explained in detail the undisputed evidence established that at the time of the accident, Plaintiff knew Marta was the driver of the car that hit Plaintiff. Indeed, Plaintiff admitted in discovery responses, “Plaintiff was provided information regarding Marta on the date of accident.” The undisputed evidence also showed that shortly af...

Excerpt: ...ient to witnesses and serve the interests of justice. Plaintiffs oppose the motion on the grounds that Defendants are forum shopping and have not demonstrated that a transfer is more convenient for witnesses. The court may, on motion, change the place of trial when the convenience of witnesses and the ends of justice would be promoted by the change. (Code Civ. Proc., § 397, subd. (c).) However, “[i]t is well settled that a motion for change of...

Excerpt: ... custody, control and supervision of Defendant. Defendant demurs to on the grounds the complaint fails to state a cause of action and moves to strike punitive damages allegations and the prayer for relief for punitive damages. Plaintiff filed no oppositions. 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, Pierc...

Excerpt: ...then filed a Second Amended Complaint (“SAC”) on August 26, 2019. The allegations in the SAC are largely the same as the FAC. Plaintiff alleges Defendant Nadine Ali Elhor's vehicle hit Plaintiff's vehicle, and that the County and City attempted to transport the plaintiff to the hospital but failed to secure Plaintiff on the stretcher so Plaintiff fell off the stretcher and was injured. Plaintiff adds the allegation that Defendant County wrong...

Excerpt: ...d and operated by the defendants and pleads six causes of action: assault and battery, intentional infliction of emotional distress, negligent hiring/retention/supervision, negligence, false imprisonment, and alleged violation of the Bane Act. Defendant demurs to all six causes of action on the grounds that the Complaint fails to state facts sufficient to constitute a cause of action. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of ...

Excerpt: ...February 14, 2017. Defendants demur to the second cause of action for negligent infliction of emotional distress as to both plaintiffs. 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 ...

Excerpt: ...igence, medical battery, loss of consortium, and negligent credentialing-retention, arising from care and treatment Mr. Fuentes received on or around February 16, 2017 at St. Francis Medical Center. Defendants demur to Plaintiffs' cause of action for negligent credentialing because it is uncertain and duplicative of the claim for medical negligence, and because Plaintiffs have failed to plead facts to support the claim presumably based on Elam v....

Excerpt: ...opedic examination and one neurological examination. Defense counsel agreed to cover reasonable travel costs as the examinations are more than 75 miles from Plaintiff's residence. Defendants Ruben Pineda, and Pineda Transport, Inc. move to compel Plaintiff to attend an orthopedic examination of the spine, an orthopedic examination of the shoulder, a neurology examination, and a neuropsychology examination. In any case in which a plaintiff is seek...

Excerpt: ...t prejudice. On June 19, 2019, Plaintiff filed a motion to set aside dismissal due to attorney mistake and inadvertence. On July 12, 2019, the court denied Plaintiff's motion to set aside the dismissal because the motion was not timely filed within six months of dismissal as required by Code of Civil Procedure section 473(b). On August 7, 2019, Plaintiff filed a motion to set aside the dismissal based on extrinsic mistake or fraud. “Apart from ...

Excerpt: ... an orthopedic surgeon. On June 7, 2019, Defendant served Plaintiff with a demand for physical examination with Dr. Kiester. Plaintiff objected to the demand and conditioned her appearance on not permitting Dr. Kiester to have a female medical assistant or chaperone present during the examination. Defense counsel explains that Dr. Kiester's policy is to have a female medical assistant to act as a chaperone when treating female patients to prevent...

Excerpt: ...ity Village Apartments, located at 3150 Sawtelle Boulevard. The City and the Regents each filed cross-complaints against the other for equitable relief, indemnification and apportionment of fault. The Regents move for summary judgment on the grounds that Plaintiff cannot raise a triable issue of fact as to the existence of a dangerous condition caused by or within the Regents' control and that the dangerous condition was trivial. II. FACTUAL BACK...

Excerpt: ...ctober 6, 2016, Plaintiff was admitted to Casa Colina to undergo a Makoplasty to her right knee. (Defendant's Undisputed Material Fact (“UMF”) Nos. 1, 18.) She was assessed by nursing in the post anesthesia recovery unit and in her room from October 6, 2016 through <00550003001c000f000300 00110003002b0044004f[e performed a four- compartment fasciotomy, and Plaintiff was placed in the intensive care unit. (UMF Nos. 9, 26.) On October 10, 2016,...

Excerpt: ...he physician defendants. Plaintiff alleges that as a result of medical procedures, he suffered a punctured bladder and kidney damage. He also alleges he became septic, overdosed on narcotics, and fell into an opiod induced coma. <004700030057004b004c00 00560003005200490003[action for lack of informed consent and medical battery. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleadi...

Excerpt: ...nvenience 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 later than 30 days before the trial date, that the trial of any issue or any part there...

Excerpt: ...laintiff's counsel's motion to be relieved on April 18, 2019. On May 14, 2019, Defendant propounded Form Interrogatories, Set Three, Requests for Production, Set Three, and Requests for Admission, Set Three. Responses were due on June 18, 2019. Defendant did not receive responses and filed motions to compel written responses to the document requests and interrogatories. On July 25, 2019, the Court ordered Plaintiff to respond <0050005300520056004...

Excerpt: ...Plaintiff seeks leave to file a Third Amended Complaint (“TAC”). 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 gr...

Excerpt: ...ce in this case. On June 28, 2018, Plaintiff served Form Interrogatories, Set One on Defendant Cuevas by mail. Defendant Cuevas did not respond. After two meet and confer letters, Plaintiff moved for an order compelling responses and requested monetary sanctions. The Court granted Plaintiff's unopposed motion to compel on April 5, 2019 and ordered Defendant to served verified responses without objections within 20 days and pay monetary sanctions....

Excerpt: ...nomy 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 the trial of any other issue or any pa...

Excerpt: ...sanctions within twenty days or on another date to which the parties agreed. Defense counsel served a notice of ruling on Plaintiff on July 22, 2019. Defendant noticed Plaintiff's deposition for August 5, 2019. (Declaration of Oliver J. Vasquez, ¶ 7, Ex. A.) Plaintiff failed to appear for his deposition. (Vasquez Decl., ¶ 8, Ex. B.) Defendant then brought this motion, serving Plaintiff on August 30, 2019. Where a party fails to obey an order co...

Excerpt: ...ntained, designed, installed, built, managed, supervised, inspected and/or otherwise controlled a Trader Joe's grocery store and the parking lot at 11976 Ventura Blvd., Studio City, California 91604. (FAC, ¶¶ 8- 9.) Plaintiff alleges that on October 31, 2017, Defendants created unsafe and dangerous conditions. Trader Joe's moves for summary judgment on the grounds that it did not own, possess, or control the parking lot where the incident occur...

Excerpt: ...ainst her. 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 complaint as true and also consid...