Excerpt: ...ECTIONS Plaintiff objects to Lyft 's motion to strike on two grounds. First, Plaintiff argues Lyft failed to sufficiently meet and confer prior to filing the instant 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 five days before the responsive pleading is due. (Code Civ. Proc., § 435.5, subd. (a)....

Excerpt: ...C”). Plaintiff opposes the motion. ANALYSIS 1. MOTION TO STRIKE 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(b).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any plead...

Excerpt: ... (“Defendant”) has not filed an opposition to the motion. ANALYSIS 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 ma...

Excerpt: ...jects to Defendant's motion to strike on two grounds. First, Plaintiff argues Defendant failed to sufficiently meet and confer prior to filing the instant 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 five days before the responsive pleading is due. (Code Civ. Proc., § 435.5, subd. (a).) Here, Pla...

Excerpt: ... entity. Plaintiff now seeks to amend the first amended complaint to plead Plaintiff's claims for premises liability against the County in conformance with the Government Claims Act. ANALYSIS 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 strikin...

Excerpt: ...and controlled by Defendant. Defendant demurs to the first and second causes of action in Plaintiff's complaint. Plaintiff opposes 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.) �...

Excerpt: ...causes of action in Plaintiff's first amended complaint. Plaintiff opposes the demurrer. ANALYSIS 1. DEMURRER “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 tha...

Excerpt: ...dants Brenna Lui and Anita Lui (collectively, “Defendants”). Plaintiff moves the Court for orders compelling Defendants to provide further responses to the following discovery requests: 1. Form Interrogatories, Set 1, Propounded to Defendants a. Propounded: February 23, 2021 b. Initial Responses: May 3, 2021 c. Motions Filed: June 17, 2021 (Motions A and B)[1] 2. Requests for Production of Documents, Set 1, Propounded to Defendants a. Propoun...

Excerpt: ...puted Material Facts in Support of Motion for Summary Judgment Jennifer Merino 1. Notice of Motion and Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Marjorie E. Motooka in Support of Motion for Summary Judgment 3. Declaration of Marjorie E. Motooka in Support of Motion for Summary Judgment 4. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment 5. Request for Judicial Noti...

Excerpt: ...ALYSIS “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 to the plaintiff, not the defendant.” (Perez v. Gold...

Excerpt: ...es 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 to the plaintiff, not the defendant...

Excerpt: ...murs to Plaintiff's first amended complaint. Plaintiff opposes the demurrer. ANALYSIS 1. DEMURRER “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 review...

Excerpt: ...gment 3. Compendium of Evidence in Support of Motion for Summary Judgment 4. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment 5. Amended Memorandum of Points and Authorities 6. Amended Separate Statement of Undisputed Material Facts 7. Declaration of Lauren E. Raya in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities...

Excerpt: ...efendants”) based on a slip and fall on property owned and controlled by Defendants. Defendants move to strike Plaintiffs' prayer for punitive damages in the complaint. 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 ...

Excerpt: ...ys), Cedars-Sinai (Physician Billing) – Attn: Fernando Vargas, Cedars-Sinai Medical Center (Billing), Providence St. Joseph's Medical Center, Providence St. Joseph's Medical Center (X-Rays), Providence St. Joseph's Medical Center (Billing), UCLA Medical Center, UCLA Medical Center (Billing), UCLA Health/EIMG, UCLA Health/EIMG (Billing), UCLA Health/EIMG (X-Rays), UCLA Physicians Billing Service, UCLA Health Systems (Billing), UCLA Health System...

Excerpt: ... of Evidence in Support 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. Compendium of Evidence in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment, or in the Alternative Summary Adjud...

Excerpt: ... Alison Parraco & Kathleen Petty Living Trust (collectively, “Settling Defendants”). Settling Defendants move for a determination that their settlement with Plaintiff was entered into in good faith. Defendants Toms Shoes, LLC and Toms Shoes Holdings II, LLC (collectively, “Defendants”) oppose the motion. ANALYSIS Any party to an action may move for an order determining whether a settlement between the plaintiff and one or more alleged tor...

Excerpt: ...al, Kaiser Permanente-Special Recovery Unit, and Kaiser/S.C.P.M.G.-Radiology (collectively, “Deponents”). Defendants oppose 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: ...26, 2021 Minute Order, the Court granted the motion as to Plaintiff's service upon Campbell, and continued the hearing on the motion to quash service of process upon Stone. The Court requested the parties to submit supplemental briefing on the limited issue of Plaintiff's service upon Mark Morse (“Morse”) on November 16, 2020, and whether Morse's relationship to Stone is sufficient to establish that he was apparently in charge of Stone's busi...

Excerpt: ...lso moves to strike portions of the first amended complaint. Plaintiff opposes the motion and demurrer. ANALYSIS DEMURRER 1. “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 constru...

Excerpt: ...fendant. Defendant demurs to the sole cause of action for negligence in Plaintiffs' complaint. Defendant also moves to strike the entirety and discrete portions of Plaintiffs' complaint. Plaintiffs oppose the motion and 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 “li...

Excerpt: ...rest to Maria Rosario Avila, and Francisco Avila, individually and as successor in interest to Maria Rosario Avila (“Plaintiffs”) sued Defendants Kathlyn-Ann Ocampo Decena and Renato Decena (“Defendants”) based on a motor vehicle collision. Defendants moves to strike all references to punitive and exemplary damages in the complaint. Plaintiffs have not filed an opposition to the motion. ANALYSIS 1. PUNITIVE DAMAGES CLAIM Any party, within...

Excerpt: ...nd Jason Orellana (collectively, “Plaintiffs”) oppose the motion. ANALYSIS Trial is currently set for January 25, 2022, which the Court set pursuant to the ex parte application filed by Defendant Melissa Bahmanpour. (See September 27, 2021 Minute Order.) Based on the Court's October 20, 2020 Minute Order, the fact discovery cutoff was September 15, 2021, and the expert discovery cutoff was September 30, 2021. (Code Civ. Proc., §§ 2024.020, ...

Excerpt: ...f's complaint as to Kathryn and Mark. Plaintiff opposes the demurrer. Marshburns reply to the opposition. ANALYSIS 1. REQUEST FOR JUDICIAL NOTICE Under Evidence Code section 451, “[j]udicial notice shall be taken of . . . [t]he decisional, constitutional, and public statutory law of this state and of the United States and the provisions of any charter described in Section 3, 4, or 5 of Article XI of the California Constitution.” (Evid. Code, ...

Excerpt: ...hetic Advocacy Group, Inc. dba Cosmetic Dentistry Grants based on a medical malpractice. Homayun Defendants move to strike portions of Plaintiff's complaint as well as Plaintiff's prayer for punitive damages. Plaintiff opposes 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, ru...

Excerpt: ...arty, 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: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of Californi...

Excerpt: ...dant moves to strike Plaintiff's claim and prayer for punitive damages in the first amended complaint (“FAC”). Plaintiff has not filed an opposition to the motion. ANALYSIS 1. MOTION TO STRIKE 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 c...

Excerpt: ...d complaint and Plaintiffs' claim and prayer for punitive damages. Plaintiff opposes the motion and demurrer. Defendant replies to the opposition. ANALYSIS 1. DEMURRER “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...

Excerpt: ...d 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' 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 opposition. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tests the legal sufficiency of the...

Excerpt: ...ntiff opposes the motion. Defendant replies to the opposition. 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: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any par...

Excerpt: ...unctioned and struck him in the eye. Plaintiffs move to file a first amended complaint (“FAC”) to assert a claim for punitive damages against GoFit based on facts ascertained in discovery. GoFit opposes the motion. Plaintiffs reply to the opposition. ANALYSIS 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...

Excerpt: ...Defendant Navigators Real Estate Inc., via Doe amendment (“Navigators”). Navigators filed a first amended cross-complaint (“FACC”) against Phung for breach of contract, indemnity, equitable contribution, and apportionment of fault. Phung demurs to the first and second causes of action in Navigators's cross-complaint. Navigators opposes the demurrer. Phung replies to the opposition. ANALYSIS “It is black letter law that a demurrer tests ...

Excerpt: ...nufactured, designed, and/or distributed by Defendants. Plaintiff later added Defendant Koshin Ltd. (“Koshin”) via Doe amendment. Koshin appears specially and moves separately to quash service of the summons and complaint for (1) improper service and (2) lack of personal jurisdiction. Plaintiff opposes the motions. Koshin replies to the opposition. EVIDENCE With respect to Koshin's objections to Plaintiff's evidence in support of Plaintiff's ...

Excerpt: ...cts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Juanita Harris in Support of Opposition to Motion for Summary Judgment 3. Declaration of Joseph D. Hough in Support of Opposition to Motion for Summary Judgment 4. Separate Statement and Additional Material Facts in Opposition to Motion for Summary Judgment REPLY PAPERS: 1. Reply in ...

Excerpt: ...ts and Authorities 2. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment or, in the Alternative, Motion for Summary Adjudication of Issues 3. Request for Judicial Notice in Support of Motion for Summary Judgment or, in the Alternative, Motion for Summary Adjudication of Issues 4. Evidence in Support of Motion for Summary Judgment or, in the Alternative, Motion for Summary Adjudication of Issues W.A. Rasic Co...

Excerpt: ...ant demurs to the first cause of action and claim for exemplary damages in Plaintiff's complaint. Defendant also moves to strike Plaintiff's claim for exemplary damages in the complaint. Plaintiff opposes the motion and demurrer. Defendant replies to the opposition. Defendant objects to Plaintiff's opposition as untimely per Code of Civil Procedure section 1005, subdivision (b). The Court notes Plaintiff filed her opposition on November 18, 2021,...

Excerpt: ...�Hospital”), when another patient attacked Plaintiff while Plaintiff was under four-point restraints, as ordered by Bijanpour. Bijanpour has pleaded guilty in an unrelated federal criminal matter, and now moves for a stay of proceedings pending the completion of his 18-month sentence in a federal penal institution. Hospital joins Bijanpour's motion to stay the action. Plaintiff opposes the motion. ANALYSIS “[W]hen the trial court determines o...

Excerpt: ...y Parivash (collectively, “Defendants”) oppose the motion. Plaintiff replies to the opposition. ANALYSIS Code of Civil Procedure section 36 provides in part: “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a p...

Excerpt: ...ation 3. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, or in the alternative Summary Adjudication 4. Declaration of David G. Halm OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment, or in the alternative Summary Adjudication; Memorandum of Points and Authorities ) (hereafter, “Plaintiff's Opposition”) 2. Separate Statement in Opposition to Defendant's Motion for Summary Judgment, or in...

Excerpt: ...es to the opposition. 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: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in c...

Excerpt: ...ant De Ante Doe, punched Respondent in the face during the ride. Respondent opposes the motion. Petitioner replies to the opposition. 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 resol...

Excerpt: ...to strike Plaintiff's proof of service filed on September 16, 2021, reflecting Plaintiff's service on 850 via substituted service. Plaintiff opposes 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(b).) On a motion to strike, the court may: (1) strike out any irrele...

Excerpt: ...es 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 to the plaintiff, not the defendant...

Excerpt: ... Plaintiff's complaint. Plaintiff opposes the motion. County replies to the opposition. County objects to Plaintiff's opposition as untimely. The Court notes Plaintiff filed his opposition on November 19, 2021, or four court days before the hearing. The Court thus finds Plaintiff's opposition to be untimely under Code of Civil Procedure section 1005. (Code Civ. Proc., § 1005, subd. (b).) The Court also notes County has nevertheless filed a reply...

Excerpt: ...e opposition. 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: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformit...

Excerpt: ... Longoria, and Detective Stephen Valenzuela (collectively, “Defendants”) move to compel Plaintiff Leticia Sanchez (“Plaintiff”) to submit to a mental examination with Deborah Cresswell, Ph.D. (“Cresswell”), on December 2, 2021. Plaintiff opposes the motion. Defendants reply to the opposition. ANALYSIS Per Code of Civil Procedure section 2032.310, a party that seeks to require another party to submit to a mental examination must obtain...

Excerpt: ...cts in Support of Motion for Summary Judgment 4. Declaration of Allison C. Nelson in Support of Motion for Summary Judgment 5. Declaration of David Williams in Support of Motion for Summary Judgment 6. Declaration of Manuk Michael Pashanyan in Support of Motion for Summary Judgment 7. Declaration of Mark E. Resier, II, MS, PE, in Support of Motion for Summary Judgment 8. Notice of Motion and Motion to Seal Exhibit B to the Declaration of Manuk Mi...

Excerpt: ...e Nemours and Company, Vidal Zuniga Lopez, and Gloria Gomez (collectively, “Defendants”) based on injuries Plaintiffs allege they sustained in an explosion and fire resulting from cracks in a plastic gas pipeline causing flammable natural gas to enter into Plaintiffs' home. SC Gas demurs to the fourth cause of action for strict liability for ultrahazardous activity in the first amended complaint (“FAC”). SC Gas also moves to strike Plaint...

Excerpt: ... complaint. Plaintiff has not filed an opposition to 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: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any p...

Excerpt: ...ner in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Response to Defendant's Separate Statement of Undisputed Material Facts 3. Separate Statement of Undisputed Material Facts in Opposition to Defendant's Motion for Summary Judgment 4. Evidence in Support of Opposition to Defendant's Motion for Summary Judgment 5. Declaration of Brad A. Schultz in Su...