Excerpt: ...Calbert Tillett, Jr. (collectively, “Defendants”) based on a motor vehicle collision. Defendants move for leave to obtain a second physical examination of Plaintiff by Mark Spoonamore, M.D. (“Spoonamore”), who is an orthopedic spine surgeon. Defendants also move to continue the trial, which, as of the filing date of the motion, was scheduled for January 14, 2022, to July 13, 2022, with the discover and motion cutoffs to be based on the ne...

Excerpt: ...intiff has not filed an opposition to the demurrer. ANALYSIS “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal construction means that the reviewing court draws inferences favorable ...

Excerpt: ...ef from the provisions of Government Code section 945.4 to permit Petitioners to proceed on their claims against Respondent People of the State of California, Acting By and Through the Department of Transportation. Respondent opposes the motion. ANALYSIS Per the Government Claims Act, a party with a claim for damages against a public entity must first file claim directly with that entity. The party may file a lawsuit only if the public entity den...

Excerpt: ...ensation for Kapil Moza, M.D. (“Moza”) and Andrew S. Morris, D.C. (“Morris”), who are expert witnesses retained by Plaintiff Natalie Colonette. Plaintiff opposes the motion. In reply, Defendants represent that the parties have reached an informal resolution concerning Moza's fees such that they are no longer at issue. The Court therefore denies the motion as to Moza as moot. The Court only considers the motion as to Morris. ANALYSIS As a ...

Excerpt: ...f”) alleges that she was injured in a motor vehicle collision involving Defendant Skyler Jay Jones (“Defendants”). Plaintiff moves the Court for orders compelling Defendant to provide further responses to the following discovery requests: 1. Special Interrogatories, Set 1, Propounded to Defendant . Propounded: July 14, 2021 a. Responses: September 17, 2021 b. Motion Filed: April 22, 2022 (Motion A) 2. Demands for Production of Documents, Se...

Excerpt: ...for punitive damages in the complaint. Plaintiff opposes the motion. PLAINTIFF'S OBJECTIONS Plaintiff objects to Defendants' motion to strike on two grounds. First, Plaintiff argues Defendants failed to sufficiently meet and confer prior to filing the motion. Under Code of Civil Procedure section 435.5, before filing a motion to strike, the moving party must meet and confer in person or by telephone with the party who filed the subject pleading f...

Excerpt: ...ed an opposition to the motion. ANALYSIS As treating health care practitioners, Deponents are entitled to reasonable fees for their deposition testimony if Defendant will ask them “to express opinion testimony, including opinion or factual testimony regarding the past or present diagnosis or prognosis made by the practitioner or the reasons for a particular treatment decision made by the practitioner . . . .” (Code Civ. Proc., § 2034.430, su...

Excerpt: ... Plaintiff opposes the motion. ANALYSIS “Continuances are granted only on an affirmative showing of good cause requiring a continuance.” (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion in considering a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) California Rules of Court, rule 3.1332 sets forth factors for the Court to consider in ruling on a motion ...

Excerpt: ...ummary Adjudication 3. Declaration of Michelle L. Villareal in Support of Motion for Summary Judgment or in the Alternative Summary Adjudication 4. Compendium of Exhibits in Support of Motion for Summary Judgment or in the Alternative Summary Adjudication 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment or in the Alternative Summary Adjudication 6. Notice of Lodging in Support of Motion for Summary Judg...

Excerpt: ...opposes the motion. ANALYSIS Per the Government Claims Act, a party with a claim for damages against a public entity must first file claim directly with that entity. The party may file a lawsuit only if the public entity denies or rejects the claim. (Gov. Code, §§ 905, 945.4; City of Ontario v. Superior Court (1993) 12 Cal.App.4th 894.) Further, an action against a public employee is barred if an action against the employing public entity would...

Excerpt: ...gatories, set one (“FROG”) and Special Interrogatories, set one (“SROG”). Plaintiff also moves to deem admitted the matters specified in Requests for Admission, set one, (“RFA”) which Plaintiff propounded on Defendant. Plaintiff seeks monetary sanctions. Defendant opposes the motions. At the outset, the Court finds that Plaintiff filed a single motion to compel responses to the FROG and SROG. Instead, Plaintiff should have filed two s...

Excerpt: ...iry in Support of Motion for Summary Judgment or, in the Alternative, Motion for Summary Adjudication 3. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment or, in the Alternative, Motion for Summary Adjudication OPPOSITION PAPERS: 1. Opposition to Rasic's Motion for Summary Judgment or, in the Alternative, Motion for Summary Adjudication; Memorandum of Points and Authorities; Request for Continuance 2. Reque...

Excerpt: ...tling Defendants move for a determination that their settlement with Plaintiff was entered into in good faith. Defendant Fusion Contracting, Inc. (“Fusion”) opposes the motion. ANALYSIS Under section 877.6 of the California Code of Civil Procedure, “[a] determination by the court that [a] settlement was made in good faith shall bar any other joint tortfeasor . . . from any further claims against the settling tortfeasor . . . for equitable c...

Excerpt: ..., Summary Adjudication 3. Declaration of David Song in Support of Motion for Summary Judgment or, in the Alternative, Summary Adjudication 4. Declaration of Christy Pham in Support of Motion for Summary Judgment or, in the Alternative, Summary Adjudication 5. Declaration of Jean Sanz in Support of Motion for Summary Judgment or, in the Alternative, Summary Adjudication 6. Separate Statement of Undisputed Material Facts in Support of Motion for Su...

Excerpt: ...ncident. Plaintiff requests monetary sanctions. Defendant opposes the motion and also requests monetary sanctions. ANALYSIS Trial is currently set for July 8, 2022, which the Court set pursuant to Plaintiff's most recent ex parte application to continue trial. (See February 23, 2022 Minute Order.) Based on the Court's February 23, 2022 Minute Order, the fact discovery cutoff was February 22, 2022, and the expert discovery was March 9, 2022. (Code...

Excerpt: ...rate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment or, in the Alternative, Summary Adjudication OPPOSITION PAPERS: None filed. BACKGROUND Plaintiff Cesar Garnica Elizalde sued Defendants Silver State Materials, LLC (“SSM”) and Joseph V. Castagliogla, Jr. (“Castagliogla”) based on a motor vehicle collision. SSM moves for summary judgment on Plaintiff's complaint. Plaintiff has not filed an opposition to t...

Excerpt: ...one filed. BACKGROUND Plaintiff Nevin Naibert, by and through his Guardian ad Litem, Pamela Ione Wistrom, sued Defendant Burbank Unified School District based on an accident in which Plaintiff tripped and fell while attempting to step up onto an auditorium stage riser during a school performance. (Complaint, p. 2.) Defendant moves for summary judgment on Plaintiff's complaint for negligence and dangerous condition of public property. Plaintiff ha...

Excerpt: ...teven D. Whang in Support of Motion for Summary Judgment 4. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: None filed. REPLY PAPERS: None filed. BACKGROUND Plaintiff Alma Cervantes sued Defendant Costco Wholesale Corporation for premises liability and general negligence based on a slip-and-fall in a warehouse owned and operated by Defendant. Plaintiff alleges Defendant failed to utiliz...

Excerpt: ...the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking.” (Code Civ. Proc., § 1030, subd. (a).) The plaintiff is not required to file an undertaking unless “there is a reasonable possibility that the moving defendant will obtain judgment in the action or special proceeding.” (Code Civ. Proc., § 1030, subd. (b).) The defendant is not required to show that there is no po...

Excerpt: ...ta Cobb, Jenell Nelson (“Jenell”), and Jenine Nelson-Piggott (“Jenine”) (collectively, “Plaintiffs”) sued Defendants Century Housing Corporation (“Housing”) and Century Villages at Cabrillo, Inc. (“Villages”) (collectively, “Defendants”) based on the death of Derrick Smith (“Decedent”). Defendants demur to the second cause of action for wrongful death resulting from premises liability in Plaintiffs' complaint. Defendan...

Excerpt: ...ests monetary sanctions. ANALYSIS When the physical condition of the plaintiff is in controversy in a personal injury case, the defendant may obtain a physical examination of the plaintiff. (Code Civ. Proc., §§ 2032.020, 2032.220.) A defendant is permitted to one physical examination of the plaintiff in a personal injury action on demand. (Code Civ. Proc., § 2032.220, subd. (a).) If the defendant seeks to obtain an additional physical examinat...

Excerpt: ...sustained in a physical altercation with Defendant's security personnel. Defendant demurs to the third cause of action (malicious prosecution) in Plaintiffs' complaint. Defendant also move to strike Plaintiffs' claim for punitive damages in the first amended complaint. Plaintiffs oppose the motion and demurrer. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v...

Excerpt: ...Plaintiff was a passenger in a vehicle Plaintiff hailed through Defendants' ridesharing platform. Defendants demur to the second (negligence per se) and fourth (strict product liability) causes of action in Plaintiff's complaint. Defendants also move to strike Plaintiff's claim for punitive damages. Plaintiff opposes the motion and demurrer. REQUEST FOR JUDICIAL NOTICE Under Evidence Code section 451, “[j]udicial notice shall be taken of the fo...

Excerpt: ...timely. Per Code of Civil Procedure section 1005, subdivision (b), Plaintiff's opposition was due to be filed and served at least nine court days before the hearing. The Court notes Plaintiff filed and served her opposition on March 28, 2022, which is seven days before the hearing on the demurrer. Despite the procedural deficiency, Defendant has nevertheless timely filed and served a reply to Plaintiff's opposition with full briefing on its merit...

Excerpt: ...tions in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal construction means that the reviewing court draws inferences favorable to the plaintiff, not the defendant.” (Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228, 1238.) Defendant demurs to the third ...

Excerpt: ...��Enterprise Defendants”), and Tina Marie Cooper (“Cooper”) based on a motor vehicle collision. Plaintiffs allege Cooper collided with Plaintiffs' vehicle while driving a vehicle owned by Enterprise Defendants. Plaintiffs later named Enterprise via Doe amendment. Enterprise Defendants demur to Plaintiffs' entire complaint. Plaintiffs oppose the demurrer. REQUEST FOR JUDICIAL NOTICE Under Evidence Code section 451, “[j]udicial notice shall...

Excerpt: ...ion while riding as a passenger in a vehicle hailed through Petitioners' ridesharing platform. Respondent opposes the motion. ANALYSIS 1. MOTION TO COMPEL ARBITRATION – LEGAL STANDARDS “[T]he advantages of arbitration include a presumptively less costly, more expeditious manner of resolving disputes. It follows a party to a valid arbitration agreement has a contractual right to have its dispute with another party to the contract resolved quic...

Excerpt: ...n for Summary Judgment or in the alternative Summary Adjudication [1] 5. Appendix of Exhibits in Support of Moton for Summary Judgment or in the alternative Summary Adjudication OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment 2. Declaration of Warren Plouffe in Support of Opposition to Defendant's Motion for Summary Judgment 3. Declaration of Philip L. Rosescu in Support of Opposition to Defendant's Motion for Summary Judgment 4. ...

Excerpt: ...ntiff moves for imposition of (1) issue sanctions, (2) evidentiary sanctions, and/or (3) an evidentiary presumption. Defendants oppose the motion. ANALYSIS “Spoliation is the destruction or significant alteration of evidence, or the failure to preserve property for another's use as evidence, in pending or future litigation.” (Hernandez v. Garcetti (1998) 68 Cal.App.4th 675, 680.) Under California law, a party cannot destroy evidence “in res...

Excerpt: ... a court order to appear as a witness for a deposition. Defendants also request monetary sanctions in the amount of $1,579.65 and an imposition of a $500.00 forfeiture fee. No opposition has been filed. ANALYSIS Code of Civil Procedure section 2020.010 permits discovery of non-party witnesses through oral and written depositions. (Code Civ. Proc., § 2020.010(a)(1), (2); Hawkins v. TACA International Airlines, S.A. (2014) 223 Cal.App.4th 466, 476...

Excerpt: ... order. No opposition has been filed. ANALYSIS The court has discretion to impose terminating sanctions when a party willfully disobeys a discovery order. (Code Civ. Proc., § 2023.010(g).) The court may impose a terminating sanction by striking a party's pleading or dismissing the action of the party. (Code Civ. Proc., § 2023.030(d).) California discovery law authorizes a range of penalties for a party's refusal to obey a discovery order, inclu...

Excerpt: ...eir son (“Decedent”) died after falling from a chair while unsupervised in a classroom. Decedent was a student with special needs who attended Sunset Elementary School within the Hacienda La Puente Unified School District (“District”). Gallagher Pediatric Therapy, Inc. (“GPT”) provided physical therapy services to Decedent through its employee, Elke Tapia (“Tapia”). Plaintiffs sued the District, GPT, and Tapia, but later dismissed...

Excerpt: ... 2022, Defendant filed a motion seeking to strike the claim for, and references to, exemplary damages on the grounds that Plaintiff has failed to state facts which allow for the recovery of such damages. On March 16, 2022, Plaintiff filed an opposition to Defendant's motion to strike. On March 23, 2022, Defendant filed a reply to Plaintiff's opposition. ANALYSIS Any party, within the time allowed to respond to a pleading, may serve and file a mot...

Excerpt: ... January 26, 2022, Petitioner filed a motion to compel deposition of the person most knowledgeable of Advanced Spine Institute. Respondent opposes the motion. Petitioner moves the Court for an order compelling compliance with its deposition subpoena and for sanctions due to the failure of the Person Most Knowledgeable of Advanced Spine Institute to appear deposition and produce business records without substantial justification. Petitioner also s...

Excerpt: ...f informed consent. On February 6, 2022, Defendant filed a demurrer to Plaintiff's Complaint. Defendant demurs to the Second and Third causes of action of the Complaint on the grounds that those causes of action relate to the same primary right as the first cause of action for professional negligence, i.e., alleged physical injuries to the Plaintiff during his negligent treatment with Defendant. On March 22, 2022, Plaintiff filed an opposition to...

Excerpt: ... Summary Judgment 5. Notice of Advanced Hearing Date on Defendants' Motion for Summary Judgment OPPOSITION PAPERS: None Filed REPLY PAPERS: None filed. BACKGROUND Plaintiff Cesar Mancilla Lobos (“Plaintiff”) sued Defendants Low Price Autobody Shop, Inc. and Vardan Vardumyan (“Defendants”) based on injuries Plaintiff claims he sustained in a motor vehicle collision. Plaintiff has not filed an opposition. LEGAL STANDARD – SUMMARY JUDGMENT...

Excerpt: ...ely, “Plaintiffs”) sued Defendant PIH Health Hospital - Downey based on allegations of elder abuse leading to Decedent's death. Defendant demurs to the second of action in Plaintiffs' first amended complaint. Defendant also moves to strike Plaintiffs' claim and prayer for punitive damages against Defendant. Plaintiffs oppose the motion and demurrer. Defendant replies to the oppositions. ANALYSIS 1. DEMURRER “It is black letter law that a de...

Excerpt: ...t of Motion for Summary Judgment, or in the Alternative, Summary Adjudication 3. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, or in the Alternative, Summary Adjudication 4. Notice of Lodgment In Support of Motion for Summary Judgment, or in the Alternative, Summary Adjudication 5. Request for Judicial notice In Support of Motion for Summary Judgment, or in the Alternative, Summary Adjudication OPPOSIT...

Excerpt: ...properly served deposition notice requires a party to attend and to testify. (Code Civ. Proc., § 2025.280, subd. (a).) “If, after service of a deposition notice, a party to the action … without having served a valid objection … fails to appear for examination, … or to produce for inspection any document, … described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and test...

Excerpt: ...ks monetary sanctions. ANALYSIS Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent's attendance and testimony. (Code Civ. Proc., § 2025.450, subd. (a).) On August 26, 2021, Plaintiff served a deposition n...

Excerpt: ... Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “T he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court...

Excerpt: ... a motor vehicle collision. Margarit moves to strike Plaintiffs' claim and prayer for punitive damages in the first amended complaint (“FAC”). Plaintiffs oppose the motion. ANALYSIS Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On a motion to strike, the court may: (...

Excerpt: ...n discovery to permit Defendants the opportunity to complete additional fact discovery. Plaintiff Mark Louie Torres opposes the motion. ANALYSIS Trial is currently set for June 3, 2022, which the Court set pursuant to parties' stipulation. (See January 20, 2022 Stipulation and Order.) Based on the parties' stipulation, non-expert discovery was to remain closed and the expert discovery was to close based on the trial date of June 3, 2022. (See Ord...

Excerpt: ...Judgment 4. Separate Statement of Undisputed Material Facts in Support of Second Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Second Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Britany Engleman in Support of Opposition to Second Motion for Summary Judgment 3. Declaration of Sylvia Vasquez in Support of Opposition to Second Motion for Summary Judgment 4. Declaration of F. Ramzi Asfour, M.D...

Excerpt: ...of Civil Procedure section 473, subdivision (a)(1), “T he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the ad...

Excerpt: ...Plaintiff's medical providers and 2 subpoenas Defendant served on Plaintiff's current and former employers. Defendant opposes the motion. ANALYSIS If a subpoena requires the production of documents, the court may quash the subpoena entirely or modify it. (Code Civ. Proc., § 1987.1, subd. (a).) In ruling on a motion to quash, “the court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, ...

Excerpt: ...position to the petition despite the Court continuing the hearing from January 18, 2022 to March 18, 2022 with a briefing schedule based on Respondent's request. ANALYSIS 1. ARBITRATION “[T]he advantages of arbitration include a presumptively less costly, more expeditious manner of resolving disputes. It follows a party to a valid arbitration agreement has a contractual right to have its dispute with another party to the contract resolved quick...

Excerpt: ...ecomes a party to an action or proceeding between other persons by doing any of the following: (1) Joining a plaintiff in claiming what is sought by the complaint[;] (2) Uniting with a defendant in resisting the claims of a plaintiff[; or] (3) Demanding anything adverse to both a plaintiff and a defendant.” (Code Civ. Proc., § 387, subd. (b).) “A nonparty shall petition the court for leave to intervene by noticed motion or ex parte applicati...

Excerpt: ...Highland, Inc. (“Highland”) via Doe amendment on December 1, 2021. Highland demurs to the first, second, and third causes of action in Plaintiff's complaint. Highland also moves to strike Plaintiff's prayer for attorney's fees and related portions of Plaintiff's complaint. Plaintiff has not filed an opposition to the motion or demurrer. The Court notes Plaintiff dismissed the third cause of action as asserted against Highland on March 10, 202...

Excerpt: ... a motor vehicle collision involving Defendant Laura Mendoza (“Defendant”). Defendant moves the Court for orders compelling Plaintiff Herrera to provide further responses to the following discovery requests: 1. Special Interrogatories, Set 1, Propounded to Plaintiff Herrera a. Propounded: April 12, 2021 b. Initial Responses: June 22, 2021 c. Motion Filed: August 6, 2021 (Motion A) 2. Form Interrogatories, Set 1, Propounded to Plaintiff Herrer...