Excerpt: ...747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. T...

Excerpt: ...ter inserted in any pleading; or (2) strike out all or any part of the pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (CCP, §§ 436(a)-(b); Stafford v. Schultz (1954) 42 Cal.2d 767, 782 [“matter in a pleading which is not essential to the claim is surplusage; probative facts are surplusage and may be stricken out or disregarded”].) Discussion As a preliminary matter, the Court n...

Excerpt: ...wing service of the written notice of entry of the order. (Id.) A request to reconsider the matter must consider “new or different facts, circumstances, or law.” (Id.) The judge that granted or denied the order must hear the reconsideration. (Id.) The party seeking the reconsideration must state by affidavit “what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circums...

Excerpt: ...to give notice. I. Legal Standard California Code of Civil Procedure section 877.6, subdivision (a)(1), provides, in relevant part, that, on noticed motion, “[a]ny party to an action wherein it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff . . . and one or more alleged tortfeasors or co-obligo...

Excerpt: ...ed against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment...

Excerpt: ...nction. (Code Civ. Proc. § 2030.290(b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905-906.) Compel RPDs Where there has been no timely ...

Excerpt: ...h 1, 2021, the Court found that counsel had substantially complied with CRC Rule 3.1362 and that the granting of the motion would not prejudice Plaintiff Lutzker. However, the Court found counsel had failed to file proof of service as to the service of the moving papers on Plaintiff and the other parties, that the notice of ruling of the continued hearing was not served on Plaintiff Hesselbein, and that the next scheduled hearing date had since c...

Excerpt: ...ral demurrer, “ordinarily, a [motion for judgment on the pleadings] does not lie as to a portion of a cause of action, and if any part of a cause of action is properly pleaded, the [motion] will be overruled.” (Fire Ins. Exchange v. Superior Court (2004) 116 Cal.App.4th 446, 452.) In considering a motion for judgment on the pleadings, courts consider whether properly pled factual allegations— assumed to be true and liberally construed—are...

Excerpt: ...nt. On December 12, 2019, Defendant filed a cross-complaint against Plaintiff. On October 20, 2020, Defendant dismissed its cross-complaint. On January 15, 2021, Defendant filed the instant motion to compel Plaintiff to appear for his deposition and produce documents. Defendant also seeks $985.00 in monetary sanctions against Plaintiff and/or his counsel. On February 16, 2021, Plaintiff's counsel filed a motion to be relieved as counsel. That mot...

Excerpt: ...y to prevent prejudicing the party's interest in the litigation… (c) Unless the court otherwise orders: (1) A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared… (e) Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court...

Excerpt: ...o Natividad (“Tito”), [1] who was insured by Defendant Mercury Insurance Group also known as Mercury Insurance Company (“Mercury”), while driving a vehicle owned by Defendant Gregory John Catamisan Natividad erroneously sued as John Catamusa (“Gregory”). On August 10, 2017, Plaintiff filed his operative complaint against Defendants Tito, Gregory, Mercury (collectively “Defendants”) and Does 1 to 10. Plaintiff asserts two causes of...

Excerpt: ...hen one of the dogs jumped at her and caused her to stumble over backward, landing on her back. On January 16, 2019, Plaintiffs Teresa Ramos and David Ramos (collectively “Plaintiffs”) filed a complaint against Defendants Leonor Valdivia and Raul Valdivia for (1) negligence and (2) loss of consortium. On March 20, 2019, Defendant/Cross-Complainant Leonor Valdivia filed a cross-complaint against Cross-Defendant Miguel Vildoso for (1) indemnity...

Excerpt: ...a Anthony Chemnitzer for motor vehicle negligence and violation of Vehicle Code § 22350.50 on the basis based on a car accident. Legal Standard It is well established in California that either prior to trial or at the trial the plaintiff or the defendant may move for judgment on the pleadings and that the appropriate ground for such a motion is the same as that arguable by general demurrer, namely, the failure to state a cause of action or defen...

Excerpt: ...ns are GRANTED. Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc. § 2030.290(b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly s...

Excerpt: ...rea (the “East Stairway”). (SSUMF ¶¶ 3, 4, 6.) The East Stairway consists of 4 stairs from the Park up to the sidewalk of the west side of Raymond Street with metal handrails on the north and south sides of the stairs. (SSUMF ¶ 7; Rosas Decl., Exh. 4.) The Incident took place when Plaintiff went to grab the south rail with his right hand it popped after a weld located on the handrail separated (the “Handrail”). (SSUMC ¶¶ 9-10; Rosas ...

Excerpt: .... Background This action arises from an incident that allegedly occurred on 8/26/19. The first amended complaint alleges that Plaintiff was on her mobile phone in the alley behind Defendants' property when Defendants' dog began barking and chasing after Plaintiff. In attempting to jump over a fence in order to protect herself, Plaintiff sustained lacerations and bruising to her toe and abdomen. Plaintiff alleges claims for (1) statutory strict li...

Excerpt: ...t by noticed motion for an order requiring the plaintiff to file an undertaking.” (Code Civ. Proc., § 1030(a).) The plaintiff, however, will not be required to file an undertaking unless “there is a reasonable possibility that the moving defendant will obtain judgment in the action or special proceeding.” (Id., § 1030(b).) The motion must be accompanied by an affidavit stating the nature and amount of costs and attorney's fees the defenda...

Excerpt: ...'s mental examination. (Code Civ. Proc. § 2032.310(a).) Such an order may be made only after notice and hearing, and for “good cause shown.” (Code Civ. Proc., §§ 2032.310(c), 2032.320(a).)¿¿¿ If a party stipulates that no claim is being made for mental and emotional distress over and above that usually associated with the physical injuries claimed and that no expert testimony will be presented regarding the mental and emotional distress...

Excerpt: .... On February 11, 2020, Plaintiff Damon Blount (hereinafter “Plaintiff”) filed a complaint against Defendants William Schuberth and Does 1-25 for negligence and an intentional tort, i.e. assault. On August 4, 2020, Defendant William Schuberth (hereinafter “Defendant”) filed his answer to the complaint. On October 13, 2020, Plaintiff filed the instant motion to amend. Thereafter, Defendant filed opposition papers on March 8, 2021. Subseque...

Excerpt: ...of Plaintiffs' opposition to Defendant Dr. Keushkerian's motion for summary judgment. The Court continued the hearing on the motion for summary judgment to allow the parties to brief the issue regarding the Court's authority to continue the matter after Plaintiffs' failure to file an opposition within the requisite time. Both parties filed briefs on March 11, 2021. As pointed out by Defendant Dr. Keushkerian, CCP section 437c(h) provides statutor...

Excerpt: ...�Defendant Stewart”), Urological Medical Associates (hereinafter “Defendant UMA”), and Does 1-40 for professional negligence. On August 4, 2020, Defendants Carrie Aline Stewart, M.D. and Urological Medical Associates (hereinafter “Defendants”) filed their answer to the complaint. Thereafter, on December 02, 2020, Plaintiff amended her complaint to include a cause of action for medical battery after the Court granted her leave. On Februa...

Excerpt: ...are to be paid within 30 days. This action arises from an automobile accident that occurred on January 12, 2018. On December 23, 2019, plaintiff John Hale filed a complaint for two counts of negligence against defendants Alexander Martinez and Karen Fry. Plaintiff now moves for an order quashing two subpoenas for the production of business records served by defendants upon Plaintiff's automobile insurance company, Interinsurance Exchange of the A...

Excerpt: ... Interrogatories-General, Set One; Form Interrogatories-General, Set Two; Request for Production of Documents, Set One; and Request for Production of Documents, Set Two and Requests for Monetary Sanctions are GRANTED. Plaintiff's Motions for Request for Admissions, Set One and Request for Admission, Set Two to be Deemed Admitted by Defendant Matthew Scott Hess and Requests for Monetary Sanctions are GRANTED. Plaintiff's Motion to Compel the Depos...

Excerpt: ...er mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473(b).) Application for this relief shall be made within a reasonable time, in no case exceeding six months, after judgment, dismissal, order, or proceeding was taken. (Id.) “[T]he court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attestin...

Excerpt: ...tions of $1,985.00 Against Plaintiff and Her Attorneys of Record is GRANTED. BACKGROUND This action arises out of a motor vehicle accident that occurred on June 20, 2017. On March 29, 2018, Plaintiff Doris Coleman and Robert Coleman (hereinafter, the “Plaintiffs”) filed a complaint against Defendants Metro, Los Angeles Metropolitan Transportation Authority (“MTA”), and Armando Ramirez for general negligence, motor vehicle negligence, and ...