Excerpt: ...-complaint against Kwan. Pang has settled her claims with Defendant, pending approval by the Court. Kwan opposes the motion. Defendant replies to the opposition. DISCUSSION Per Code of Civil Procedure section 428.10, a party against whom a cause of action is asserted may file a cross-complaint to assert “[a]ny cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if th...

Excerpt: ...ny 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 conformity with the laws of Calif...

Excerpt: ... alleges she sustained when she was bit by a coyote after being instructed by Cunningham to wait outside her vehicle. Defendants move for judgment on the pleading on Plaintiff's first amended complaint. Plaintiff opposes the motion. Defendants reply to the opposition. ANALYSIS A motion for judgment on the pleadings has the same function as a general demurrer, but may be made after the time to demur has expired. (Code Civ. Proc., § 438, subd. (f)...

Excerpt: ...replies to the opposition. EVIDENCE The Court rules on Petitioner's objections to the Declaration of Jerome P. Bellotti as follows: 1. Sustained 2. Sustained 3. Sustained 4. Overruled ANALYSIS “[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 resolve...

Excerpt: ...e collision into the side of Plaintiff's building. Defendants move for a protective order precluding Plaintiff from deposing adjusters of Defendants' insurance carrier, Farmers Insurance (“Farmers”), and precluding Plaintiff's associated request for production of documents. Plaintiff opposes the motion. ANALYSIS Per Code of Civil Procedure section 2031.060, subdivision (a), “[w]hen an inspection, copying, testing, or sampling of documents, ...

Excerpt: ...d general denial filed on May 14, 2020. Plaintiff Estela Hernandez (“Plaintiff”) opposes the motion. Defendant replies 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, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by corr...

Excerpt: ...mily Care Specialists IPA, A Medical Group, Inc., and Mayra Hernandez Schulte (collectively, “Defendants”) based on allegations of elder abuse. Plaintiffs allege Defendants neglected to care for Juan by leaving him unattended and allowing him to wander 1.5 miles away from his care facility to be found roughly 12 hours later. White demurs to both causes of action in Plaintiffs' complaint. White also moves to strike portions of the complaint an...

Excerpt: ...ants”) failed to timely diagnose and treat Plaintiff's maple syrup urine disease. Plaintiff demurs to the twenty-sixth affirmative defense in Defendants' second amended answer. Defendants oppose the demurrer. ANALYSIS A plaintiff may demur to an answer if: “(a) The answer does not state facts sufficient to constitute a defense. [¶] (b) The answer is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible. ...

Excerpt: ...tice. Institute demurs to the second through ninth causes of action in Plaintiff's complaint. Institute also moves to strike Plaintiff's claim for punitive and exemplary damages in the complaint. Plaintiff opposes 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. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer,...

Excerpt: ... (“Spoonamore”). Plaintiff seeks monetary sanctions. Defendants have not filed an opposition to the motion. ANALYSIS Pursuant to Code of Civil Procedure section 2032.610, subdivision (a), “[i]f a party submits to, or produces another for, a physical or mental examination in compliance with a demand under Article 2 (commencing with Section 2032.210), an order of court under Article 3 (commencing with Section 2032.310), or an agreement under ...

Excerpt: ...rmination of good faith settlement. Defendant Navigators Real Estate, Inc. (“Navigators”) opposes the motion. Settling Defendants reply to the opposition. ANALYSIS Any party to an action may move for an order determining whether a settlement between the plaintiff and one or more alleged tortfeasors or co-obligors was made in good faith. (Code Civ. Proc., § 877.6, subd. (a)(1).) Where the nonsettling defendants contest good faith, the moving ...

Excerpt: ...(“O'Connor”), and Andrea Deligio (“Deligio”) (collectively, “Defendants”) based on allegations of sexual battery. Plaintiff alleges that Defendant Juan Enriquez (“Enriquez”), a fellow student, inappropriately touched Plaintiff's thigh during a before-school orientation program. Defendants demur to the first through fourth causes of action in Plaintiff's complaint. Defendant also moves to strike portions of Plaintiff's complaint an...

Excerpt: ...uest for Judicial Notice OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities and Request for Continuance 2. Declaration of Ellen Levin in Support of Opposition to Motion for Summary Judgment 3. Opposition to Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment 4. Evidentiary Objections to Evidence in Support of Motion for Summary Judgment 5. Supplemental Opposi...

Excerpt: ...g of Video Exhibit A to Declaration of Stephen Choo in Support of Motion for Summary Judgment 5. Declaration of Joseph Evangelista in Support of Motion for Summary Judgment 6. Declaration of Gina Ybarra in Support of Motion for Summary Judgment 7. Declaration of Ilka Estrada in Support of Motion for Summary Judgment 8. Declaration of Virgil Monterrosa in Support of Motion for Summary Judgment 9. Request for Judicial Notice in Support of Motion fo...

Excerpt: ... Motion for Summary Judgment, or in the Alternative Summary Adjudication of Issues 3. Declaration of Christopher Rodriguez in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication of Issues 4. Declaration of Robert Kostrenich in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication of Issues 5. Evidence in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication o...

Excerpt: ...t Defendant for Plaintiffs' failure to bring the action to trial within 5 years. Plaintiffs oppose the motion. ANALYSIS Under Code of Civil Procedure section 583.310, “[a]n action shall be brought to trial within five years after the action is commenced against the defendant.” (Code Civ. Proc., § 583.310.) “An action shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties, if the action ...

Excerpt: ...”), abused Plaintiff while Plaintiff was a student in Defendant's school district. Defendant demurs to Plaintiff's entire first amended complaint (“FAC”) for failure to comply with the government claim presentation requirement, and, alternatively, to the first through fifth causes of action. Defendant also moves to strike the entire FAC, alternatively, the first through fifth causes of action in the FAC, and Plaintiff's prayer for treble da...

Excerpt: ...(“CDE”) (collectively, “Defendants”) based on injuries Plaintiff alleges he sustained when he tripped fell on property owned and controlled by Defendants. CDE demurs to the first cause of action for negligence and the second cause of action for premises liability 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.” (Le...

Excerpt: ...aintiff”) alleges he sustained injuries in a motor vehicle collision with Defendant Andrew Steven Osorio (“Osorio”). Plaintiff further alleges, at the time of the incident, Osorio was driving a vehicle owned by Defendant Rusnak Corporation (“Rusnak”). Plaintiff alleges Rusnak negligently permitted Osorio to use Rusnak's vehicle. Rusnak moves for summary judgment on Plaintiff's complaint. The motion is unopposed. LEGAL STANDARD – MOTIO...

Excerpt: ...to Plaintiffs' entire complaint. Plaintiffs have 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 revie...

Excerpt: ...for Summary Judgment 3. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment 4. Separate Volumes of Documentary Evidence, Volumes 1-4, in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment and/or Summary Adjudication 2. Separate Statement in Opposition to Motion for Summary Judgment 3. Evidence in Opposition to Motion for Summary Judgment REPLY PAPERS: 1. Rep...

Excerpt: ...tion of David A. Belofsky 2. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Declaration of Paul R. Markley; Declaration of Phillip Bernard; Declaration of John Gardiner, Ph.D. PE 2. Plaintiff's Separate Statement of Disputed Material Facts and Evidence In Opposition to Summary Judgment REPLY PAPER...

Excerpt: ...position to the motion. ANALYSIS Under Code of Civil Procedure section 2034.250, “[a] party who has been served with a demand to exchange information concerning expert trial witnesses may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. [] The court, for good cause shown, may make any order that justice requires to protect any party from unwarranted annoyance, embarr...

Excerpt: ...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(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 ...

Excerpt: ...s to strike Plaintiff's claim and prayer for punitive damages in the complaint. Plaintiff 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, ...

Excerpt: ...efendants”) based on a motor vehicle collision. Defendants move to withdraw their answer and file a motion to strike Plaintiffs' claim for punitive damages. Plaintiffs oppose the motion. ANALYSIS 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 against him or her through his or her mistake, inadvertence, surpri...

Excerpt: .... 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 pleading not drawn or filed in conformit...

Excerpt: ...llectively, “Plaintiffs”) allege they suffered injuries following an auto collision involving Defendant Chantelle Marie Wells (“Defendant”). Plaintiffs move the Court for orders compelling Defendant to provide further responses to the following discovery requests: 1. Form Interrogatories, Set 1, Propounded to Defendant a. Propounded: June 11, 2021 b. Responded: July 13, 2021 c. Motion Filed: September 20, 2021 2. Requests for Production o...

Excerpt: ...n of Stephen Choo in Support of Motion for Summary Judgment 5. Declaration of Joseph Evangelista in Support of Motion for Summary Judgment 6. Declaration of Gina Ybarra in Support of Motion for Summary Judgment 7. Declaration of Ilka Estrada in Support of Motion for Summary Judgment 8. Declaration of Virgil Monterrosa in Support of Motion for Summary Judgment 9. Request for Judicial Notice in Support of Motion for Summary Judgment 10. Separate St...

Excerpt: ...of Motion for Summary Judgment (No. 1 of 3) 5. Evidence in Support of Motion for Summary Judgment (No. 2 of 2) 6. Notice of Non-Receipt of Opposition to Motion for Summary Judgment BACKGROUND Plaintiff Arianna N. Herrera (“Plaintiff”) sued Defendants Helen Yang, D.O. (“Yang”) and Complete Women Care, Inc. (collectively, “Defendants”) for medical malpractice. Plaintiff alleges that Defendants failed to correctly diagnose Plaintiff and ...

Excerpt: ...��Defendant”) opposes the motion. EVIDENCE Defendant's evidentiary objections to the Declaration of Thomas M. Willford are overruled. 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...

Excerpt: ...further alleges that Walmart's employee, Chariez, failed to preserve Walmart's video surveillance footage of the incident. Defendants demur to the third cause of action for unfair business practices in the 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, t...

Excerpt: ...f opposes Stone's motion. Stone replies to the opposition. Plaintiff has not filed an opposition to Campbell's motion. ANALYSIS “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion...[t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Code Civ. Proc., § 418.10, subd. (a)(1).)...

Excerpt: ...CTION “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. Golde...

Excerpt: ...efendant opposes the demurrer. Plaintiff replies to the opposition. ANALYSIS Defendant asserts fourteen affirmative defenses in his first amended answer to Plaintiff's complaint. Plaintiff contends that the first through thirteenth affirmative defenses in Defendant's first amended answer fails to allege facts sufficient to constitute an affirmative defense and are uncertain. Plaintiff also argues that Defendant failed to timely file the first ame...

Excerpt: ...ny evidence relating to Plaintiff's injuries and the subject vehicle collision. Defendants also seek monetary sanctions. Plaintiff has not filed an opposition to the motion. ANALYSIS When a party misuses the discovery process by disobeying a court order to provide discovery, the court in its discretion may impose a terminating sanction by striking a party's pleading or dismissing the action of the party. (Code Civ. Proc., §§ 2023.010, subd. (g)...

Excerpt: ...walk. Defendant demurs to the first cause of action in Plaintiff's complaint. Plaintiff opposes the demurrer. Defendant replies to the opposition. 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: ...ively, “Plaintiffs”) sued Defendants Adam Gruen and Amanda Gruen (“Amanda”) (collectively, “Gruens”) and Palisades Homeowners Association #3 (“HOA”) based on injuries Plaintiffs allege Lulu sustained after being bitten by Gruens' dog, Bandit. Plaintiffs move to enjoin Gruen from keeping Bandit within the neighborhood during the pendency of this action. Gruens oppose the motion. EVIDENCE Gruens enter the objections to the declarati...

Excerpt: ...and (3) Kyle B. Boone, Ph.D., who is a neuropsychologist. Plaintiff opposes the motions. Defendant replies to the opposition. ANALYSIS 1. PHYSICAL EXAMINATION 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 ...

Excerpt: ...Alternative Summary Adjudication 3. Declaration of David A. Marchell in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication 4. Declaration of Hartyoon Hilalian in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication 5. Declaration of Lisa Grnja in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication 6. Separate Statement of Undisputed Material Facts in Supp...

Excerpt: .... 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 preference is necessary to prevent prejudicing the party's interest in the litigation.” (Code Civ...

Excerpt: ... prayer for punitive damages in the first amended complaint (“FAC”). 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, subd. (b).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper matter inserted in any pl...

Excerpt: ... Defendants move to strike Plaintiff's claim and prayer for punitive damages in the complaint. 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, subd. (b).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper mat...

Excerpt: ...ff was entered into in good faith. The motion is unopposed. 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 comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.” (C...

Excerpt: ...to the fifth cause of action in the first amended complaint (“FAC”). 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 constr...

Excerpt: ... Productions Inc., and Showtime Networks, Inc. (collectively, “Defendants”) based on injuries Plaintiff alleges he sustained when camera parts and/or accessories fell and struck Plaintiff on the head. Defendants move to quash service of written discovery propounded by Plaintiff upon “Named Defendants” Warner Bros. Television (“WBTV”), John Wells Productions (“Wells”), and Sterling Films (“Sterling”). Defendants also move for a...

Excerpt: .... Declaration of Simon Hwang in Support of Motion for Summary Judgment 4. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of W. Christian Krankemann in Support of Opposition to Motion for Summary Judgment 3. Opposition to Defendant's Separate Statement of Undisputed Material Facts and Suppo...

Excerpt: ...tively, “Defendants”) based on medical malpractice. Defendants demur to the third through eighth causes of action in Plaintiff's complaint. Defendants also move to strike Plaintiff's entire complaint, or alternatively portions of Plaintiff's complaint. Plaintiff opposes 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. Safeway, In...

Excerpt: ...ntest the good faith of the settlement. Ayyad opposes the motion. Amstone replies to the opposition. 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 comparative contribution, or partial or comparative indemnity, based on comparati...

Excerpt: ...e of speed. Plaintiff moves the Court for an order compelling Defendant to provide further responses to the following discovery request: Demand for Production, Set 1, Propounded to Defendant  Propounded: January 25, 2021  Initial Responses: March 9, 2021  Further Responses: August 26, 2021  Motion Filed: September 3, 2021 Defendant opposes the motion. PROCEDURAL REQUIREMENTS Informal Discovery Conference Per the First Amended Standing...