Excerpt: ...ry, promissory fraud, fraud in the inducement, and intentional infliction of emotional distress. Plaintiff demurs to the second and third causes of action in Defendant's first amended cross-complaint. Plaintiff also moves to strike portions of the first amended cross- complaint. 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, 3...

Excerpt: ...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 Plaintiff Anatoliy Polis in Support of Opposition to Motion for Summary Judgment 3. Declaration of Lena Michael in Support of Opposition to Motion for Summary Judgment 4. Declaration of Parham Javaherzadeh in Support of Opposition to Mot...

Excerpt: ...—Downtown—LA; (2) Adventist Health White Memorial Medical Center/Billing—East Valley—LA; (3) Adventist Health White Memorial Medical Center/Radiology—Downtown—LA; (4) Victory Emergency Physicians Medical Group—Downtown—LA; (5) Arrowhead Regional Medical Center/Medical Records—Local— Red; (6) Arrowhead Regional Medical Center/Patient Accounts—Local—Red; (7) Arrowhead Regional Medical Center/Radiology—Local—Red. The subp...

Excerpt: ...Motion for Summary Judgment 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment BACKGROUND Plaintiff Frances Santillian-Corall (“Plaintiff”) alleges she sustained injuries when she stepped into an uncovered utility box on the sidewalk. Defendant City Light & Power Inc. (“Defendant”) maintained utility boxes for Defendant City of Long Beach (“City”). Defendant moves for summary judgment or summa...

Excerpt: ...ts and Authorities BACKGROUND Plaintiff Margarita Torres (“Plaintiff”) alleges she sustained injuries in a slip and fall accident at a laundromat that Defendants Free Dry LLC and Mustansir Caderbhoy (“Defendants”) owned and operated. Plaintiff contends she slipped and fell on yogurt on the floor of the laundromat. Defendant moves for summary judgment on Plaintiff's complaint. Plaintiff opposes the motion. LEGAL STANDARD – MOTION FOR SUM...

Excerpt: ...rnia Rehabilitation Institute and Kate Adeletti, PT (“Defendants”) for professional negligence. Plaintiff alleges that Defendants failed to adequately assist Plaintiff while she was undergoing rehabilitation following surgery, which caused Plaintiff to fall. Defendants moves for summary judgment on Plaintiff's complaint. Plaintiff has not filed an opposition to the motion. LEGAL STANDARD – MOTION FOR SUMMARY JUDGMENT “[T]he party moving f...

Excerpt: ...mary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Elliot S. Berkowitz in Support of Opposition to Motion for Summary Judgment 3. Plaintiff's Evidence in Support of Opposition to Motion for Summary Judgment 4. Response to Separate Statement in Support of Opposition to Motion for Summary Judgment REPLY PAPERS: 1. Reply to Opposition to Motion for Summary Judgment; M...

Excerpt: ...aron L'Heureux-Dressel in Support of Motion for Summary Judgment 5. Declaration of Kevin Riley in Support of Motion for Summary Judgment 6. Declaration of Monica M. Schwartz in Support of Motion for Summary Judgment 7. Declaration of Jonathan Arendt in Support of Motion for Summary Judgment 8. Request for Judicial Notice in Support of Motion for Summary Judgment 9. Exhibits in Support of Motion for Summary Judgment 10. Notice of Lodging Exhibit i...

Excerpt: ...ases claims against the Estate of Joel David Wite (“Decedent”), Jesi Alexander Tinker-Rein (“Tinker-Rein”), Jamil Leshawn Mann (“Mann”), Landon Wetterstrom (“Wetterstrom”), and Loft Luxury, LLC (collectively, “Settling Parties”), who are not parties to this litigation. Defendant Justin Robert Chandler (“Chandler”) opposes the motion. ANALYSIS In Tech-Bilt, Inc. v. Woodward-Clyde & Associates, the supreme court set forth th...

Excerpt: ...hen a party willfully disobeys a discovery order. (Code Civ. Proc., §§ 2023.010, subd. (g), 2030.290, subd. (c).) The court may impose a terminating sanction by striking a party's pleading. (Code Civ. Proc., § 2023.030, subd. (d)(1).) In its order of January 14, 2021, the Court ordered Plaintiff to submit to a medical examination on February 17, 2021. (See January 14, 2021 Minute Order.) On that date, Plaintiff appeared for the examination wit...

Excerpt: ...ages in the first amended 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(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...

Excerpt: ...e to strike the prayer for punitive damages in the complaint.[1] 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(b).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) s...

Excerpt: ...dging of Surveillance Video in Support of Motion for Summary Judgment 4. Request for Judicial Notice in Support of Motion for Summary Judgment 5. Separate Volume of Exhibits 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. Plaintiff's Compendium of Declaratio...

Excerpt: ...of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Marc S. Soble in Support of Opposition to Motion for Summary Judgment 3. Response to Separate Statement in Support of Opposition to Motion for Summary Judgment 4. Evidentiary Objection REPLY PAPERS: 1. Reply to Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Decla...

Excerpt: ...s in a safe condition, Plaintiff sustained injuries after falling due to a floor mat. Plaintiff moves the Court for an order compelling Defendant to provide further responses to the following discovery request: Requests for Production of Documents, Set 1, Request No.1 a. Propounded: June 24, 2020 b. Responded: August 17, 2020 c. Motion Filed: March 26, 2021 Defendant opposes the motion. PROCEDURAL REQUIREMENTS Informal Discovery Conference Per th...

Excerpt: ...s in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Appendix of Exhibits in Support of Opposition to Motion for Summary Judgment 3. Declaration of Jimmy Chang in Support of Opposition to Motion for Summary Judgment 4. Declaration of Paul B. Donzis, M.D. in Support of Opposition to Motion for Summary Judgment 5. Declaration of Joseph A. Tang in Support...

Excerpt: ...e 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 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 ...

Excerpt: ... Civil Procedure section 36, subdivisions (a) and (e). 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) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is ne...

Excerpt: ...y submits on the tentative, the party's email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear in-person or remotely. TENTATIVE RULING DEPARTMENT 32 HEARING DATE May 11, 2021 CASE NUMBER 19STCV31568 MOTION Motion for Summary Judgment MOVING PARTY Defendant Burlington Coat Factory of Texas OPPOSING PARTY Plaintiff Helga Aghakhanian MOV...

Excerpt: ...ctice. Plaintiffs allege that Defendant negligently cared for Domazet while she was pregnant with Decedent Isaac Stiny (“Decedent”), which caused Decedent's death shortly after his birth. Defendant demurs to Plaintiffs' complaint, or, in the alternative, moves to dismiss Plaintiffs' complaint. Plaintiffs oppose the demurrer ANALYSIS “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Le...

Excerpt: ... of Motion for Summary Judgment 3. 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. Exhibit Log in Support of Opposition to Motion for Summary Judgment 3. Declaration of Rod Bergen in Support of Opposition to Motion for Summary Judgment 4. Separate Statement of Undisputed Material Facts in Support of Op...

Excerpt: ... a security guard working at a market that Defendant owned and operated shot Decedent. Defendant moves to strike the punitive damages allegations from Plaintiffs' second amended 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)...

Excerpt: ...tion for Summary Judgment 3. Declaration of Inga Hofer in Support of Motion for Summary Judgment 4. Appendix of Federal and Sister State Authorities in Support of Motion for Summary Judgment 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment 6. Motion for Imposition of Monetary Sanctions; Memorandum of Points and Authorities OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Po...

Excerpt: ...t. Defendant demurs to the complaint. Plaintiff opposes the demurrer. Defendant moves to strike portions of the complaint. Plaintiff filed a notice of non-opposition to the motion to strike. The Court therefore grants the motion to strike without leave to amend as stipulated. 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....

Excerpt: ...tion for Summary Judgment 5. Request for Judicial Notice 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. Index of Exhibits in Support of Opposition to Motion for Summary Judgment 3. Declarations of Wendi O. Wagner and Edward Puzak in Support of Opposition to...

Excerpt: ...unitive damages allegations from Plaintiffs' 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(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...

Excerpt: ...t tea spilled on Plaintiff. Plaintiff seeks leave to file a first amended complaint. Defendants oppose 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 ...

Excerpt: ...h Brown (“Defendant”) struck Plaintiff with her vehicle. 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 preju...

Excerpt: ...that Defendant negligently performed shoulder surgery on Plaintiff. Plaintiff has not filed an opposition to the motion. 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 o...

Excerpt: ...rring on July 27, 2018. Defendant moves the Court for orders compelling Plaintiff to provide further responses to the following discovery requests: 1. Form Interrogatories, Set 1, Nos. 2.6 – 2.7; 6.2; 6.4; 8.3 – 8.8; 11.2; 12.1; 20.2 – 20.5; 20.8 a. Propounded: August 4, 2020 b. Responded: January 27, 2021 c. Motion Filed: March 11, 2021 (Motion A) 2. Request for Identification and Production of Documents, Set 1, Nos. 2 - 3 a. Propounded: A...

Excerpt: ... death of Decedent. Plaintiffs allege that Decedent underwent a procedure on his leg at Defendant's hospital, and later died. Plaintiffs have not filed oppositions to the motions. 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 compl...

Excerpt: ...otion. 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 drawn or filed in conformity with the laws...

Excerpt: ...sions 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 may likewise, in its discretion, after...

Excerpt: ...legations in the first cause of action: “trained to use instructed to use, supervised the vehicle bus no. 862” and “The defendants who entrusted the motor vehicle are: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, a Government Entity.” 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 th...

Excerpt: ...gerous and defective condition on property owned and controlled by Defendant Cruise America Inc. (“Defendant”). Defendant moves the Court for orders compelling Plaintiff to provide further responses to the following discovery requests: 1. Form Interrogatories, Set 2, Propounded to Plaintiff: No. 17.1 a. Propounded: July 27, 2020 b. Responded: September 8, 2020 c. Motion Filed: March 15, 2021 (Motion A) 2. Special Interrogatories, Set 2, Propo...

Excerpt: ...yler MOTIONS Plaintiffs Victoria Marie Hughes, Dimitri L. Roger, and Teigi Koran Hughes-Tyler (“Plaintiffs”) filed this action against Defendants Vermont Avenue Fee Owner LLC, CCP/TRU Vermont Ventura LLC, Capri Capital Partners, LLC, Greystar Real Estate Partners, LLC, Greystar California, Inc. Greystar Holdings, Inc. and Greystar Worldwide, LLC (“Defendants”) following a home invasion robbery. Defendants demur to the causes of action for...

Excerpt: ...gerous and defective condition on property owned and controlled by Defendant Cruise America Inc. (“Defendant”). Defendant moves the Court for orders compelling Plaintiff to provide further responses to the following discovery requests: 1. Form Interrogatories, Set 2, Propounded to Plaintiff: No. 17.1 a. Propounded: July 27, 2020 b. Responded: September 8, 2020 c. Motion Filed: March 15, 2021 (Motion A) 2. Special Interrogatories, Set 2, Propo...

Excerpt: ...injuries after a waitress negligently caused the hot contents of a tea pot to spill onto her while at a restaurant owned and operated by Defendants SWH Mimi's Café Holding Company, Inc. (“Defendant Holding Company”) and SWH Mimi's Café, LLC's (“Defendant Mimi's Café”) (collectively, “Defendants”). Plaintiff moves the Court for orders compelling Defendants to provide further responses to the following discovery requests: 1. Form Int...

Excerpt: ...injuries after a waitress negligently caused the hot contents of a tea pot to spill onto her while at a restaurant owned and operated by Defendants SWH Mimi's Café Holding Company, Inc. (“Defendant Holding Company”) and SWH Mimi's Café, LLC's (“Defendant Mimi's Café”) (collectively, “Defendants”). Plaintiff moves the Court for orders compelling Defendants to provide further responses to the following discovery requests: 1. Form Int...

Excerpt: ... of action for intentional tort in Plaintiffs' complaint and moves to strike the prayer for punitive damages in the complaint. Plaintiffs oppose the motions. ANALYSIS 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 C...

Excerpt: ...econd cause of action for elder abuse in Plaintiff's first amended complaint. In response, Plaintiff filed the instant motion for leave to file a second amended complaint. Plaintiff seeks to withdraw her cause of action for elder abuse, and amend her complaint to assert causes of action for negligence and premises liability. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “The ...

Excerpt: ...ime 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, o...

Excerpt: ...ger”). Plaintiff opposes the motion. 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 a defendant seeks to obtain an additional physi...

Excerpt: ...equires a party seeking reconsideration to “state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown” in the current motion. (Code Civ. Proc., § 1008, subd. (b).) On a motion for reconsideration, a party must present new or different facts, circumstances, or law, which the moving party “could not, with reaso...

Excerpt: ...ompendium of Documentary 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. Plaintiff's Separate Statement in Opposition to Motion for Summary Judgment 3. Compendium of Exhibits in Support of Opposition to Motion for Summary Judgment 4. Plaintiff's Obj...

Excerpt: ...Defendant also moves to strike the prayer for punitive damages from Plaintiff's complaint. Plaintiff has not filed oppositions to the motions. 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.) “T...

Excerpt: .... Request for Judicial Notice 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. Declaration of Mark J. Burns in Support of Opposition to Motion for Summary Judgment 3. Response to Separate Statement of Undisputed Material Facts REPLY PAPERS:[1] 1. Reply to Opp...

Excerpt: ...r Summary Judgment 4. Notice of Lodging Exhibits 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. Plaintiff's Response to Defendant's Separate Statement 3. Plaintiff's Separate Statement of Disputes in Opposition to Motion for Summary Judgment 4. Declaration ...

Excerpt: ...mary Judgment 4. Compendium of Documentary 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. Plaintiff's Separate Statement in Opposition to Motion for Summary Judgment 3. Compendium of Exhibits in Support of Opposition to Motion for Summary Judgment ...

Excerpt: ...ants”) based on an incident in which Sanchez slapped Plaintiff. Defendants demur to the first, second, fourth and fifth causes of action in Plaintiff's first amended complaint. Defendants also move to strike portions of the first amended complaint. 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...