Excerpt: ... for wrongful death. MV demurs to the first cause of action in Plaintiff's first amended complaint (“FAC”). MV also moves to strike portions of the FAC related to punitive damages. 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, the court ...

Excerpt: ... oppositions to the motion. ANALYSIS Per the Code of Civil Procedure, “[a]n intervention takes place when a nonparty, deemed an intervenor, becomes 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....

Excerpt: ...ageo. Dream demurs to Plaintiff's entire complaint. Dream also moves to strike Plaintiff's prayer for punitive damages. Plaintiff opposes the motion and demurrer. Dream 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 allegati...

Excerpt: ...rigo Francisco Manuel, Jose Vargas, Angel Vargas, Jr., Glendale Community College District (“District”), and Department of Transportation based on a multi-vehicle accident that lead to the death of Jennifer Goldsbury (“Decedent”). Plaintiffs oppose 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 r...

Excerpt: ...(1) Request for Production of Documents, set one (“RPD”); (2) Form Interrogatories, set one (“FROG”); (3) Special Interrogatories, set one (“SROG”). Defendant also moves to deem admitted the matters specified in Requests for Admission, set one (“RFA”), which Defendant propounded on Plaintiff. Plaintiff opposes the motions. The Court notes that Defendant filed one motion to compel responses to the RPD, FROG and SROG. Instead, Defen...

Excerpt: ...ose the motion. ANALYSIS Per Local Rule 3.3, subdivision (g), “Cases may not be consolidated unless they are in the same department. A motion to consolidate two or more cases may be noticed and heard after the cases, initially filed in different departments, have been related into a single department, or if the cases were already assigned to that department.” (Super. Ct. L.A. County, Local Rules, rule 3.3(g)(1).) Once the Court relates the ca...

Excerpt: ...ram”) pursuant to Code of Civil Procedure section 36, subdivisions (a). Plaintiffs initiated the action based on a vehicle-to-pedestrian collision. Defendant Lyft, Inc. (“Defendant”) opposes the motion. 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...

Excerpt: ...of his home available for inspection by Plaintiff. The parties seek monetary sanctions. 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, tangible things, places or electronically stored information has been demanded, the party to whom the demand has been directed, and any other party or affected person, may promptly move for a...

Excerpt: ... of General Services based on Plaintiff's injuries sustained when his vehicle crashed into a light pole and the light pole fell onto his vehicle. City demurs to the first cause of action for general negligence, the second cause of action for premises liability, and the third cause of action for general negligence in the first amended complaint. Plaintiff opposes the demurrer. ANALYSIS “It is black letter law that a demurrer tests the legal suff...

Excerpt: ...l (“Souresrafil”) and Morteza Ahmadinejad (“Ahmadinejad”) pursuant to Code of Civil Procedure section 36, subdivision (a). Plaintiffs initiated the action based on a motor vehicle collision. Intervenor United Specialty Insurance Company (“United”) opposes the motion. Plaintiffs reply 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 th...

Excerpt: ... Dental (collectively, “Defendants”) based on professional negligence. Defendants demur to the second cause of action for breach of fiduciary duty in the first amended complaint. Plaintiff opposes 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 “libera...

Excerpt: ... were struck by a wheelchair ramp on a bus owned by Defendant. Plaintiff moves to quash the subpoena Defendant served on California Hospital Medical Center. Plaintiff seeks monetary sanctions. Defendant opposes the motion. Plaintiff replies to the opposition. 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, ...

Excerpt: ... the motion. Upon the Court's own motion, the hearing on the instant motion set for July 9, 2021, was continued to August 18, 2021, to permit the parties time to file supplemental briefing on the issue of the timeliness of the motion and whether Defendant qualifies for equitable relief. 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, o...

Excerpt: ...fy Karamanoukian, M.D., Inc., and Kare Plastic Surgery and Skin Health Center (“Defendants”) committed professional negligence resulting in the death of Michelle Dykstra. Plaintiff moves the Court for an order compelling Defendants to provide further responses to the following discovery requests: Special Interrogatories, Set 3, Propounded to Defendants, Nos. 66-97 a. Propounded: May 6, 2020 b. Responded: November 6, 2020 c. Motion Filed: July...

Excerpt: ... of Motion for Summary Judgment 4. Defendants' Evidence in Support of Motion for Summary Judgment 5. 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. Objections to Defendants' Evidence in Support of Motion for Summary Judgment 3. Plaintiffs' Evidence in Opposition to Defendants' Motion for Summary Judgm...

Excerpt: ...d in discovery. Plaintiff Samantha McGowen 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 correcting a mistake in the name of a party, or ...

Excerpt: ...s of action in Plaintiffs' complaint. Defendant also moves to strike portions of Plaintiffs' complaint and Plaintiffs' prayer for attorney's fees. Plaintiffs oppose the motion and demurrer. ANALYSIS 1. PLAINTIFFS' OBJECTIONS Plaintiffs object to Defendant's demurrer and motion to strike on two grounds. First, Plaintiffs argue that Defendant failed to sufficiently meet and confer prior to filing the instant motion and demurrer. Under Code of Civil...

Excerpt: ...s allegedly sustained in a motor vehicle collision. Plaintiffs allege that Sharifi, while working as a driver for Uber, was speeding as he ran through a red light and causing his vehicle to be struck by another vehicle crossing the intersection. Plaintiff moves for summary adjudication of Uber's eighteenth, thirtieth, and thirty- first affirmative defenses. In these affirmative defenses, Uber contends it is not liable for Sharifi's negligence, if...

Excerpt: ... Plaintiff's cause of action for negligence; (3) the words “traffic collision report”; and (4) all causes of action related to the motor vehicle collision. Defendants Young Jae Park, Hyae Sook, Sun Young Park, and David Seongdo Kim (collectively, “Defendants”) have 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...

Excerpt: ...Civil Procedure section 473.5, the Court may vacate a default “[w]hen service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him.” (Code Civ. Proc., § 473.5.) The phrase “actual notice” means “genuine knowledge of the party litigant” and does not include imputed notice. (Tunis v. Barrow (1986) 184 Cal.App.3d 1069, 1077.) “Upon finding...

Excerpt: ...ary Judgment; Memorandum of Points and Authorities 2. Declaration of Michael J. Eilbert, M.D. in Support of Motion for Summary Judgment 3. Declaration of Jamie Hirsh in Support of Motion for Summary Judgment 4. Notice of Lodging and Lodging of Exhibits A-H in Support of Motion for Summary Judgment 5. Separate Statement of Undisputed Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Me...

Excerpt: ...xpeditious 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 quickly and inexpensively.” (Henry v. Alcove Investment, Inc. (1991) 233 Cal.App.3d 94, 99–100 [cleaned up].) Thus, “on petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to th...

Excerpt: ... mental health services to Plaintiff Erica Marie Sabiniano (“Plaintiff”). Deponent opposes the motion. ANALYSIS Code of Civil Procedure section 2025.480 provides, “[i]f a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an or...

Excerpt: ...nts Hacienda La Puente Unified School District (“District”) and Erick Williams (“Williams”) (collectively, “Defendants”) based on allegations of sexual misconduct. District demurs to the fifth cause of action for breach of mandatory duty. District also moves to strike Plaintiffs' prayer for and references to treble damages against District. Plaintiff opposes the motion and demurrer. ANALYSIS 1. DEMURRER “It is black letter law that ...

Excerpt: ...��Davidson”) and Christian Stewart (collectively, “Plaintiffs”) oppose the motion. ANALYSIS Per Code of Civil Procedure section 2034.610, subdivision (a), “On motion of any party who has engaged in a timely exchange of expert witness information, the court may grant leave to do either or both of the following: [¶] (1) Augment that party's expert witness list and declaration by adding the name and address of any expert witness whom that p...

Excerpt: ...Marian Harris (“Marian”) and Donna Harris (“Donna”) and (2) permitting any depositions in this case be conducted either virtually or in Los Angeles, California. Defendant opposes the motion. Both parties seek monetary sanctions. ANALYSIS Per Code of Civil Procedure section 2025.420, subdivision (a), “[b]efore, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move f...

Excerpt: ...ALYSIS As a treating health care practitioner, Kasimian is entitled to reasonable fees for her deposition testimony if Defendant will ask Kasimian “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, subd. (a)(2).) If Defendant plans t...

Excerpt: ...arcus Granados as defendants. Defendant John Burnett has have not filed an opposition to the motion. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “Th e 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...

Excerpt: ...necessary to include a recently discovered affirmative defense not asserted in the Answer filed on December 28, 2020. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “Tt 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 n...

Excerpt: ... 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 entitled to one physical examination of the plaintiff in a personal injury action on demand. (Code Civ. Proc., § 2032.220, subd. (a).) A defendant must obtain leave of court for an additional physical or mental examination of defenda...

Excerpt: ...l responses from Plaintiff Idania Lopez (“Plaintiff”) to: (1) Demand for Production of Documents, set one (“RPD”); (2) Form Interrogatories, set one (“FROG”); and (3) Special Interrogatories, set one (“SROG”). Defendants also request monetary sanctions. Plaintiff opposes the motions. ANALYSIS Pursuant to Code of Civil Procedure section 2030.290, subdivision (a), “[i]f a party to whom interrogatories are directed fails to serve a...

Excerpt: ...that their settlement with Plaintiff was entered in good faith. Defendants Erika Moreno and Freddy Moreno (collectively, “Moreno Defendants”) filed a cross-motion to contest the settlement. Settling Defendants reply to the cross-motion. 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....

Excerpt: ...opposition. 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 for one or more of the following purposes: (1) To 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).) “In the absence of a voluntary submission to the authority of...

Excerpt: ...t of Motion for Summary Judgment 5. 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. Opposition to Defendant's Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment 3. Objection to Defendant's Request for Judicial Notice in Support of Motion for Summary Judgment 4. Pl...

Excerpt: ...he Vera Schwartz Survivor's Trust (collectively, “Schwartz”) and Horizon Recuperative Care fka Cal Recup Care (collectively, “Defendants”) based on a slip and fall on property owned and controlled by Defendants. Schwartz demurs to the first, second, and third causes of action in Plaintiff's complaint. Schwartz also moves to strike Plaintiff's prayer for attorney's fees and related portions of Plaintiff's complaint. Plaintiff opposes the m...

Excerpt: ...d faith. Defendants and Cross-Complainants Global Paratransit, Inc. and Access Services (“Access”) (collectively, “Cross-Complainants”) 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 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 mov...

Excerpt: ... of the answering entity without change to any affirmative defenses. Plaintiff Devon Ronnquist (“Plaintiff”) 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...

Excerpt: ...d oppositions to the motion. ANALYSIS Per the Code of Civil Procedure, “[a]n intervention takes place when a nonparty, deemed an intervenor, becomes 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...

Excerpt: ...l Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Compendium of Evidence in Support of Plaintiff's Opposition to Defendant's Motion for Summary Judgment 3. Separate Statement of Undisputed Material Facts and Evidence in Opposition to Motion for Summary Judgment REPLY PAPERS: 1. Reply of Defendant to Plaintiff's Opposition to Motion for Summary...

Excerpt: ...ke Plaintiff's second amended complaint (“SAC”) as a sham pleading, or in the alternative, Plaintiff's claims and prayer for punitive damages in the SAC. 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 c...

Excerpt: ...ng a passenger who hired Anderson through Defendant Lyft, Inc.'s (“Defendant”) platform. Plaintiff moves the Court for an order compelling Defendant to provide further responses and produced documents regarding the following discovery request: Request for Production of Documents, Set 1, Propounded to Defendant: Nos. 3, 4, 5, 21, 22, 23, 24, 25, 26 and 27 a. Propounded: November 19, 2020 b. Responded: January 14, 2021 c. Motion Filed: July 1, ...

Excerpt: ...��Plaintiff”) nor Defendants Crossharbor Capital Partners, LLC, West Covina Lakes Associates, LLC, and Imperial Landscaping & Maintenance, Inc. have filed oppositions to the motion. ANALYSIS Per the Code of Civil Procedure, “[a]n intervention takes place when a nonparty, deemed an intervenor, becomes 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 th...

Excerpt: ... as cross-defendants. Defendants now seek to amend the cross-complaint to add a newly discovered party, Michelle Tatum (“Tatum”) to assert claims for apportionment of fault for the ongoing pain and injuries of Plaintiff Taunisha Cruz (“Plaintiff”) based on a vehicle collision between Plaintiff and Tatum ten months after Plaintiff's collision with Defendants. Neither Plaintiff nor Defendant/Cross-Defendant City of Los Angeles has filed an ...

Excerpt: ...nd Commerce Atlantic Corporation dba Apis Footwear Company (“Apis”) (collectively “Defendants”) based on injuries Plaintiff alleges he sustained from wearing shoes Defendants had designed, manufactured, distributed, and sold. Apis moves 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...

Excerpt: ... 12, 2020. Defendants have not filed an opposition to the motion. ANALYSIS Per Code of Civil Procedure section 473, subdivision (b), a court may “upon any terms as may be just, 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, surprise, or excusable neglect.” (Code Civ. Proc., § 473, subd. (b).) “Application for this r...

Excerpt: ...) when Defendant Marcos Antonio Lopez-Leyva suddenly and negligently merged into Plaintiff's lane from the #3 lane, striking the left rear corner of the vehicle Plaintiff was a passenger in. This impact caused the vehicle Plaintiff was a passenger in to be pushed off the road and overturn as it traveled down the dirt embankment. As a result, Plaintiff suffered severe bodily injuries.” (Complaint, p. 5.) Plaintiff moves to quash subpoenas Defend...

Excerpt: ...ptively 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 quickly and inexpensively.” (Henry v. Alcove Investment, Inc. (1991) 233 Cal.App.3d 94, 99–100 [cleaned up].) Thus, “on petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controv...

Excerpt: ...e 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 California, a court rule, or ...

Excerpt: ...or Summary Judgment 5. Declaration of John C. Barber in Support of Motion for Summary Judgment 6. 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 Richard S. Grossman in Support of Opposition 3. Declaration of David S. Brown in Support of Opposition 4. Plaintiff's Response to Separate Sta...

Excerpt: ...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 quickly and inexpensively.” (Henry v. Alcove Investment, Inc. (1991) 233 Cal.App.3d 94, 99–100 [cleaned up].) Thus, “on petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party...