Excerpt: ... with the motion. Defendant opposes the motion. Plaintiff replies. ANALYSIS Here, on December 22, 2022, Plaintiff served the first deposition notice for Defendant's PMQ on Defendant. Plaintiff noticed the deposition of the PMQ for January 17, 2023. On January 12, 2023, when Plaintiff emailed Defendant's counsel to confirm attendance at the January 17, 2023 deposition, Defendant's Counsel stated that Defendant never received notice of the depositi...

Excerpt: ...ACMTA demurs to the Second Amended Complaint (SAC) which contains two general negligence claims: Second Cause of Action – General Negligence and Third Cause of Action – General Negligence. (See SAC, pp. 5 & 6.) LACMTA further moves to strike portions of the SAC. Plaintiff has not filed an opposition to either the demurrer or motion to strike. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tests the legal sufficiency of the all...

Excerpt: ...UND Plaintiff Geraldine Easley (Plaintiff) sued Defendant City of Long Beach (City) based on an incident in which Plaintiff allegedly tripped and fell while walking up a gangway when her sandal caught between a gap between two metal plates. Plaintiff asserts a premises liability claim against City. City moves for summary judgment, or in the alternative, summary adjudication, on Plaintiff's complaint. Plaintiff has not filed an opposition. LEGAL S...

Excerpt: ...inarily, the Court notes that Defendant is requesting monetary sanctions in connection with the motion. However, Defendant failed to include its request for monetary sanctions in the notice of motion, violating basic procedural due process (notice and an opportunity to be heard). Consequently, the Court shall deny Defendant's request for monetary sanctions. Further, Defendant argues Plaintiff's opposition is untimely and thus should not be consid...

Excerpt: ...LYSIS A party seeking to require an adverse party to submit to a mental examination must obtain leave of court. (Code Civ. Proc., § 2032.310, subd. (a).) The motion to compel a mental examination must specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and specialty of the person who will perform the examination. (Code Civ. Proc., § 2032.310, subd. (b).) The court may grant the motion and o...

Excerpt: ...aintiff replies. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “The 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 answe...

Excerpt: ...dent over an electric scooter parked on a sidewalk. Defendant Bird Rides, Inc. (Bird) demurs to the third cause of action in Plaintiff's First Amended Complaint (FAC) for products liability. Plaintiff opposes the demurrer. Defendant replies. Preliminarily, in opposition Plaintiff argues that she has not significantly altered the third cause of action from the Complaint to the FAC, and thus the third cause of action cannot be subject to a demurrer...

Excerpt: ... evidentiary support and further Plaintiff has failed to dismiss her claims against Defendant for the improper purpose of extracting a nuisance value settlement. Plaintiff opposes the motion. Defendant replies. ANALYSIS Code of Civil Procedure section 128.7 states that a court may impose sanctions on a party or attorney that presents a pleading, petition, motion, or other similar papers that does not meet the following criteria: (1) It is not bei...

Excerpt: ...lies permissively, and a mandatory provision, which applies as of right.” (Minick v. City of Petaluma (2016) 3 Cal.App.5th 15, 25 (hereafter Minick).) “Section 473 is a remedial statute to be “applied liberally” in favor of relief if the opposing party will not suffer prejudice. Because the law strongly favors trial and disposition on the merits, any doubts in applying section 473 must be resolved in favor of the party seeking relief from...

Excerpt: ...f Alex J. Balian 8. Notice of Errata; Declaration of Mitchell D. Kaylor; Exhibit to Declaration of Alex J. Balian OPPOSITION PAPERS: 1. Plaintiff's Notice of Non-Opposition to Motion for Summary Judgment 2. Declaration of Angelo Z. Perillo in Support of Opposition to Plaintiff's Improper Use of Motion for Summary Judgment Procedure [1] REPLY PAPERS: 1. Plaintiff's Reply to Plaintiff's Non-Opposition and to New Vision's Declaration BACKGROUND Plai...

Excerpt: ...ON PAPERS: Opposition; Memorandum of Points and Authorities . Response to Statement of Undisputed Material Facts Separate Statement of Additional Material Facts 4. Separate Volume of Exhibits Declaration of Anna Mezhebovskaya 6. Declaration of Shawma Morgan Declaration of Zachary M. Moore REPLY PAPERS: Reply Evidentiary Objections Reply and Response to Opposition to Separate Statement of Undisputed Material Facts Reply to Separate Statement of Ad...

Excerpt: ...tion of Alvina Garcia; Declaration of Terry Parvin Request for Judicial Notice Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgm ent Index of Exhibits Notice of Non-Opposition to Defendants' Motion for Summary Judgment OPPOSITION PAPERS: N/A REPLY PAPERS: N/A BACKGROUND Plamtiff Michelle Garza (Plaintim sued Defendant Sam Chmelnicki individually and as Trustee of the Samuel Chmelnicki 2006 Living Trust dated A...

Excerpt: ... at an event hosted at Standard Hotel's night club. On December 9, 2022, Plaintiff filed an amendment to the Complaint naming Bryan Rabin, Inc. (Rabin) as Doe Defendant 2. Rabin demurs to Plaintiffs premises liability cause of action as It pertains to Rabin, argumg Plamtiffs December 9, 2022, Doe Amendment does not relate back to the original filing date of the complaint, and thus Plaintiffs claim agamst Rabin is time barred. Additionally, Rabin ...

Excerpt: ...473, subdivision (b), a court may "relieve a party- or his or her legal representative from a judgment, dismissal, order, or other proceeding taken againsthim or her through his or her mistake, inadvertence, surprise, or excusable neglect." In addition, a court must vacate a default or dismissal when a motion for relief under Section 473, subdivision (b) is filed timely and accompanied by an attorneys sworn affidavit attesting to the attornefs mi...

Excerpt: ...on. Plaintiffs further allege that Defendant Preston Young Dae Kim negligently operated a motor vehicle owned by Defendant Enterprise Rent-A-Car Company of Los Angeles, LLC CDefendant"). (See Complaint, First Cause of Action, p. 1.) Defendant moves the Court for orders compelling Plaintiffs to provide further responses to the following discovery requests: 4. Special Interrogatories, Set 1, Propounded to Plaintiff Nahla Alicia Kandah (Motion A) a....

Excerpt: ...ants to Mercuty Insurance Group. Defendants oppose the motion. ANALYSIS 1. DISCOVERY -GENERAL PRINCIPLES "The purpose of the discovety rules is to enhance the math-seeking function of the litigation process and eliminate trial strategies that focus on gamesmanship and surprise. In other the discovery process is designed to make a trial less a game of blindman's bluff and more a fair contest with the basic issues and facts disclosed to the fullest...

Excerpt: ...73, subdivision (b), a court may "relieve a party- or his or her legal representative from a judgment, dismissal, order, or other proceeding taken againsthim or her through his or her mistake, inadvertence, surprise, or excusable neglect." In addition, a court must vacate a default or dismissal when a motion for relief under Section 473, subdivision (b) is filed timely and accompanied by an attorneys sworn affidavit attesting to the attornefs mis...

Excerpt: ...ere injured as a result of motor vehicle collision. Plaintiffs further allege that Defendant Raul Espinoza, who is employed by Defendant City of Haurthorne ("Defendant') negligently operated the vehicle that collided with the vehicle occupied by Plaintiffs. (See Complaint, pp. 4-6.) Defendant moves the Court for an order compelling Plaintiffs Hagen and Washington to provide further responses to the following discovety requests: Request for Identi...

Excerpt: ...ovmgs) to Lopez Income Tax/Alex Lopez. The motion is unopposed. ANALYSIS 1. DISCOVERY -GENERAL PRINCIPLES "The purpose of the discovety rules is to enhance the math-seeking function of the litigation process and eliminate trial strategies that focus on gamesmanship and surprise. In other the discovery process is designed to make a trial less a game of blindman's bluff and more a fair contest with the basic issues and facts disclosed to the fulles...

Excerpt: ...ifO opposes the motion. Defendant replies. 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...

Excerpt: ...d. Plaintiff opposes the demurrer. Defendants reply. Preliminarily, Plamtiff asserts that Defendants failed to comply with the meet and confer requirement pursuant to Code of Civil Procedure, section 439, subdivision "Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party- shall meet and confer in person or by telephone With the parv who filed the pleading that is subject to the motion for judgment on the ...

Excerpt: ...isputed Material Facts in Support of Motion for Summary Judgment[l] Declaration of Austin Smith OPPOSITION PAPERS: Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities Separate Statement of Disputed and Undisputed Material Facts in Support of Opposition to Motion for Summary Judgment REPLY PAPERS: Reply in Support of Motion for Summary Judgment Objection to Plaintiffs Separate Statement of Material Facts BACKGROUND Plam...

Excerpt: ...fendant) moves to strike Plaintiffs memorandum of costs on appeal as untimely. Plaintiff opposes the motion. Plamtiff separately moves for relief from the untimely filing of the memorandum of costs on appeal under Code of Civil Procedure section 473. Defendant has not filed an opposition. ANALYSIS a. Motion to Strike Memorandum of Costs on Appeal "1'Vithm 40 days after issuance of the remittitur, a party claiming costs awarded by a reviewing cour...

Excerpt: ...t filed an opposition. Per Code of Civil Procedure section 473, subdivision (b), a court may "relieve a party- or his or her legal representative from a judgment, dismissal, order, or other proceeding taken againsthim or her through his or her mistake, inadvertence, surprise, or excusable neglect." In addition, a court must vacate a default or dismissal when a motion for relief under Section 473, subdivision (b) is filed timely and accompanied by...

Excerpt: ... of Plaintiff by Ari Kalechstein, Ph.D. (Kalechstein). Plaintiff opposes the motion. Defendant replies. ANALYSIS Foremost as Defendant acknowledges, there is no provision in the Discovery Act for Defendant to seek a protective order related to a mental examination. (See, e.g„ Code Civ. Proc„ S 2032.510.) Nevertheless, Defendant relies upon Code ofCivil Procedure section 2017.020 which states: "The courtshall limitthe scope of discovery if it ...