Excerpt: ...��Defendant”) for damages related to the death of Plaintiffs' child while at Defendant's childcare program. On 8/5/20, Plaintiffs filed the instant motions to compel further responses to form interrogatories, set one, and to request for production of documents (“RPDs”), set one. An Informal Discovery Conference was scheduled concerning the subject discovery for 1/21/21; however, the matter was not resolved because defense counsel, without e...

Excerpt: ...against Defendants, Marek Soto Delgado and Jose Delgado (collectively, “Defendants”) for damages arising out of a motor vehicle accident. Defendants now move for leave to conduct a second Independent Medical Examination (“IME”) of Plaintiff with Dr. Luke Macyszyn, M.D., M.A. (“Dr. Macyszyn”). Plaintiff opposes the motion, and Defendants filed a reply. 2. Motion for Leave to Conduct Second IME Except for defense physicals in personal i...

Excerpt: ...s arising from a motor vehicle accident. On 11/18/20, Plaintiff filed an Amendment to Complaint naming John Ryan Kennedy as Doe 1 (“John”) (collectively with Kelly, “Defendants”). Defendants now demur to the complaint arguing the claims against John are barred by the applicable statute of limitations under CCP § 335.1. As an initial matter, the court notes that while Defendants' demurrer refers to a First Amended Complaint (“FAC”), P...

Excerpt: ... for damages arising from a motor vehicle accident. On 1/29/19, Plaintiff filed the complaint against Defendant alleging a single cause of action for negligence. Defendant now demurs to the complaint arguing it is time barred by the applicable statute of limitations under CCP § 335.1. 2. Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the...

Excerpt: ...Stores, LLC (“Defendant”) for damages arising out of a trip and fall in Defendant's store. Defendant now moves to compel a second deposition of Plaintiff. Defendant provides it met and conferred with Plaintiff concerning appearing for a second deposition, but Plaintiff did not agree to do so. CCP § 2025.610 states: (a) Once any party has taken the deposition of any natural person, including that of a party to the action, neither the party wh...

Excerpt: ...ie Mirsky (collectively, “Defendants”) for damages arising from a motor vehicle accident. Plaintiff served Defendants with form interrogatories, request for admissions, and request for production of documents on or about 2/14/20. Timely responses were not served. On 6/7/20, Plaintiff advised Defendants that responses were past due, but Defendants allegedly did not receive the discovery requests. Plaintiff then mailed a CD containing the subje...

Excerpt: ... Inc. (“Inter Stone”) and Luigi Interlandi (“Luigi”) for injuries Plaintiff sustained when acetone ignited and exploded near Plaintiff. Plaintiff was in the scope of his employment with Defendants when the incident occurred. The incident allegedly occurred on 8/23/16, and Plaintiff filed the complaint on 5/2/17. On 5/15/17, Plaintiff filed Amendment to Complaints naming Marina Interlandi (“Marina”) (collectively, with Luigi, the “In...

Excerpt: ...ity” or “Defendant”) demolished buildings and an eight-foot wall that was adjacent to Plaintiff's home. Plaintiff further alleges that since the structures were demolished, the vacant lot attracted homeless and transient individuals who set up camp in the lot; and that the individuals became a nuisance to Plaintiff and his family as well as other neighbors. Plaintiff claims that numerous complaints were filed with the City. On 12/11/17, Pla...

Excerpt: ...ackground Plaintiff, Bella Rossal, a minor by and through her guardian ad litem, Jacqueline Garcia, filed this action against Defendants, City of Burbank and Burbank Unified School District (“BUSD”) for damages arising from a trip and fall on a playground. On 8/13/20, Plaintiff filed her First Amended Complaint (“FAC”) alleging causes of action for (1) negligence, (2) dangerous condition of public property, and (3) governmental liability ...

Excerpt: ... Angeles (the “City”) and Love Baked Wings Melrose, LLC (“Love Baked”) for damages arising from Plaintiff's trip and fall on a public sidewalk on 8/23/18. On 5/28/19, Plaintiff filed an Amendment to Complaint naming Amzalag Investments, LLC (“Amzalag”) as Doe 1. On 11/17/20, Defendants Love Baked and Amzalag filed the instant joint motion for summary judgment. Plaintiff and the City each filed an opposition, and Love Baked and Amzalag...

Excerpt: ...al Systems, Inc. (“IMS”) and Miguel Maravilla Amezcua (“Amezcua”) (collectively, “Defendants”), et al. for damages arising from a motor vehicle accident. At the time of the accident, Amezcua was employed by and was driving a work van as part of his employment with IMS. Defendants now move for summary judgment. 2. Motion for Summary Judgment a. Parties' Positions Defendants contend Plaintiff's claims against Defendants for negligence a...

Excerpt: ...Defendant”) for injuries Plaintiff sustained after tripping and falling on a sidewalk. The complaint alleges causes of action for (1) negligence and (2) premises liability against Defendant. The premises liability claim includes a count for negligence and dangerous condition of public property. Defendant now demurs to the complaint arguing the negligence cause of action fails as a matter of law because Defendant as a public entity cannot be sue...

Excerpt: ...efendant”) for (1) medical malpractice and (2) battery. The complaint alleges that on 6/11/19, Plaintiff underwent surgery negligently performed by Defendant. Defendant now demurs to the second cause of action for battery arguing it fails to state sufficient facts to constitute a cause of action. 2. Demurrer a. Legal Standard A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regar...

Excerpt: ... filed this action against Defendants Devadatt Mishal, M.D. (“Mishal”), Devadatt Mishal, M.D., Inc., and PIH Health Hospital-Downey (“PIH”) (collectively, “Defendants”) for medical negligence and loss of consortium. The complaint alleges that on 5/29/18, Plaintiff Terri Richard was a patient to Defendant Devadatt Mishal, M.D (“Mishal”) and was admitted to PIH Health Hospital-Downey (“PIH”) for surgical the management of menorr...

Excerpt: ...s liability. The complaint alleges that on 10/31/18, Plaintiff decided the trim a portion of his trees that protruded onto Defendant's property, as Defendant previously requested Plaintiff to do so several times. Plaintiff began trimming the trees in Defendant's backyard at approximately 7:30 p.m., believing the backyard had sufficient lighting to do so. Plaintiff received permission from Defendant to trim the trees. There were two motion sensor ...

Excerpt: ...”) filed this action against Defendants Kaiser Foundation Hospitals and Southern California Permanente Medical Group (“Defendants”) for medical negligence relating to a surgery performed on Plaintiff on or about 12/4/19. Defendants now move to compel arbitration ad stay the action. 2. Petition to Compel Arbitration a. Parties' Positions Defendants argue the subject claims are subject to binding arbitration pursuant to the provisions of the ...

Excerpt: ...t”) and Lyft, Inc. (“Lyft”) for damages arising from a motor vehicle accident. On 11/4/20, Plaintiff filed his First Amend Complaint (“FAC”) alleging causes of action for (1) negligence and (2) negligent hiring, training, and supervision. The FAC alleges Drust was employed as a rideshare by Lyft, and that Plaintiff was a passenger in Drust's vehicle when the accident occurred. The FAC includes a prayer for punitive damages with the seco...

Excerpt: ...h Hospital; (3) Prime Healthcare La Palma, LLC dba La Palma Intercommunity Hospital; and (4) and Prime Healthcare Anaheim, LLC dba West Anaheim Medical Center [collectively “plaintiffs” or “Prime Hospitals”]. Named defendants are: (1) Orange County Health Authority dba CalOptima; (2) CalOptima Community Network; (3) Varis, LLC; (4) Altamed Health Services; (5) Amvi Care Health Network; (6) Arta Western Health Network; (7) Family Choice He...

Excerpt: ...ted therewith. That information may be subject to supplementation does not excuse a party from providing a complete and straightforward response. No. 8.8 – GRANT as to (b), (d). That information may be subject to supplementation does not excuse a party from providing a complete and straightforward response. No. 50.1 – GRANT. The response is non-responsive. No. 50.2 – GRANT. The response is non-responsive. Sanctions are awarded in the amount...

Excerpt: ...fendant”) for professional negligence arising out of Defendant's care and treatment of Plaintiff. As an initial point, the court notes that while the moving papers reference a separate statement, no separate statement was filed with the summary judgment motion. Although the failure to submit a separate statement “may in the court's discretion constitute a sufficient ground for denying the motion,” (CCP § 437c(b)), because the moving papers...

Excerpt: ...neys engaged in “abuse of their ‘Litigation Privilege'” (Complaint page 2:10-11.) At page 8:8-11, Plaintiff pleads that “All of these, and more, vicarious and egregious actions were done to an Elderly (going on 80 years old) male, in poor and declining health senior citizen and in a Related and Relevant case, the Sexual harassment, of a female senior citizen whom lives in a so-called ‘safe and secure' senior citizen retirement community...

Excerpt: ...n against Defendant, Technion Contractors TCI, Inc. (“Technion”) and Does 1-50 for damages arising out of an incident that occurred while Plaintiff was performing demolition work at an elementary school. On 10/27/20, Plaintiff filed an Amendment to Complaint naming Suttles Plumbing, Inc. (“Suttles”) as Doe 1. The complaint alleges that the gas system at the elementary school created a concealed dangerous condition that would explode like ...

Excerpt: ...closure); (b) knowledge of falsity (or ‘scienter'); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage.' [Citations.]” (Lazar v. Superior Court (1996) 12 Cal.4th 631, 638.) “Fraud may be pled specifically and general and conclusory allegations do not suffice. (Id. at p. 645.) To survive demurrer, plaintiff must plead facts that “show how, when, where, to whom, and by what means the represen...

Excerpt: ...ail Bursalioglu, and Torus Bursalioglu (collectively, “Plaintiffs”) filed this action against Defendants Process Cellular Inc. dba Procell (“Process”) and Harry Ayvazian for negligence and premises liability. Plaintiffs allege Process was working on the roof of the apartment where Plaintiffs reside and damaged the roof, so that when it rained, water leaked into Plaintiffs' apartment and caused Plaintiffs to slip and fall on the water. On ...

Excerpt: ...nty”) on 7/29/20 for damages arising from a motor vehicle collision. Plaintiff alleges a police officer directing traffic wrongfully directed Plaintiff into the intersection and caused the accident. On 8/28/20, Plaintiff filed a Request for Dismissal dismissing the County. On 10/27/20, Plaintiff filed the instant Petition for Relief from Government Claim Filing Requirements for an order relieving Plaintiff from the claim filing requirements of ...