Excerpt: ... collision. Intervenor for Aldrete, United Specialty Insurance Company (“Intervenor”), moves to strike portions of Plaintiff's complaint related to 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, rule 3.1322, subd. (b).) On a motion to s...

Excerpt: ...cember 28, 2020. Plaintiff opposes 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 may, upon like ...

Excerpt: ...l abuse. Plaintiff alleges she was sexually abused by another resident at a facility owned and operate by Defendant. Defendant demurs to third and fifth causes of action in Plaintiff's first amended complaint (“FAC”). Defendant also moves to strike portions of the FAC and Plaintiff's prayer for punitive damages, attorney fees, enhanced remedies, and treble damages against Defendant. Plaintiff opposes the motion and demurrer. ANALYSIS 1. DEMUR...

Excerpt: ...y (“Plaintiff”) sued Defendants Blue Barn Holdings, LLC (“Blue Barn”) and Aegis Treatment Centers, LLC (“Aegis”) (collectively, “Defendants”) for premises liability based on a slip-and-fall that occurred in a parking lot on property owned by Blue Barn and controlled and operated by Aegis. Plaintiff alleges he sustained injuries when he slipped and fell on a raised island in the parking lot due to inadequate lighting in the area. (...

Excerpt: ...dants. Plaintiff moves to quash the deposition subpoena Defendants served on Cox Enterprises/Cox Automotive dba Auto Trader (“Cox”). The subpoena seeks all documents and records pertaining to Plaintiff's employment with Cox. (Declaration of Michael Amaro, Exhibit A.) 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, su...

Excerpt: ...ion. 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 leave of court. The motion to compel a mental examination must specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and specialty of the person who will perform the examination. (Code Civ. Proc., § 2032.310.) The court must grant the motion if t...

Excerpt: ...on Karamanoukian, M.D., Raffy Leon Karamanoukian, M.D., Inc., Advanced Therapy Surgery Center, Inc. and Kare Plastic Surgery & Skin Health Center (collectively, “Defendants”) on December 12, 2020. Defendants oppose the motion. Defendants object to the motion because notice of the motion was never received by Defendants' counsel. Defendants advance the declarations of counsel for Defendants, Jami B. Tencati, (“Counsel”), Counsel's legal as...

Excerpt: ...hysical 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 the defendant seeks to obtain an additional physical examination of the plaintiff, the defendant must obt...

Excerpt: ...the alternative; (3) an order compelling production of all CCTV video surveillance footage of the incident, or in the alternative; (4) an order that jury instructions concerning intentional destruction of evidence be given at trial. Defendant opposes the motion. Both parties request monetary sanctions. ANALYSIS “Spoliation is the destruction or significant alteration of evidence, or the failure to preserve property for another's use as evidence...

Excerpt: ...of Motion for Summary Judgment 5. Notice of Lodging and Lodging of Exhibit B 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 Steven Burres, M.D. in Support of Opposition to Motion for Summary Judgment 3. Declaration of Charles Lem in Support o...

Excerpt: ...ause of action in Plaintiff's first amended complaint (“FAC”) for elder abuse. Defendant also moves to strike portions of the FAC and Plaintiff's prayer for punitive damages. Plaintiff opposes the motion and demurrer. Plaintiff objects to Defendant's demurrer as untimely because Defendant was personally served on April 7, 2021, and Defendant's responsive pleading was thus within 30 days of that date. (Declaration of David E. Ramirez, ¶ 4, Ex...

Excerpt: ...ith Lester M. Zackler, M.D. (“Zackler”), on September 15, 2021. Plaintiff opposes the motion. 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 leave of court. The motion to compel a mental examination must specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and specialty of the person who will ...

Excerpt: ..., Bonanza Productions Inc., and Showtime Networks, Inc. (collectively, “Defendant”) based on injuries Plaintiff alleges he sustained when camera parts and/or accessories fell and struck Plaintiff on the head. Defendants moves to strike portions of Plaintiff's complaint related to alter ego liability and Plaintiff's prayer for punitive damages against Defendants in the complaint. Plaintiff opposes the motion. ANALYSIS Any party, within the tim...

Excerpt: ...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 an order of t...

Excerpt: ...Decedent”) to arbitrate Respondent's elder abuse claims. Respondent opposes the motion. 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 resolved quickly and inexpensively.” (Henry v. Alcove Investment, Inc. (1991) 233 Cal.App.3d 94, 99...

Excerpt: ...in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication of Issues 3. Appendix of Evidence in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication of Issues 4. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication of Issues OPPOSITION PAPERS: Plaintiff Janna Akopyan 1. Opposition to Motion for Summary Judgment...

Excerpt: ...iates, in the amount of $4185. Defendants oppose the motion. ANALYSIS Under Code of Civil Procedure section 1008, subdivision (a), “[w]hen an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different fac...

Excerpt: ...of three police officers. Defendant opposes the motion. ANALYSIS A party in a civil proceeding may gain access to peace officer personnel and citizen complaint records through the procedures established in Evidence Code sections 1043 and 1045. (See Haggerty v. Superior Court (2004) 117 Cal. App. 4th 1079, 1085.) Evidence Code section 1043 requires a written motion and notice to the governmental agency which has custody of the records sought, and ...

Excerpt: ...ts, set one (“RPD”). Defendant also moves to deem admitted matters specified in Requests for Admissions, set one (“RFA”), which Defendant propounded on Plaintiff. Defendant seeks monetary sanctions. Plaintiff has not filed oppositions to the motions. [1] ANALYSIS Pursuant to Code of Civil Procedure section 2031.300, subdivision (a), “[i]f a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a...

Excerpt: ...tor vehicle). On July 2, 2021, Plaintiff filed the four pending discovery motions. Plaintiff moves for orders compelling Defendant to provide responses to Plaintiff's 1) Request for Production of Documents, Set One (“RPD”), (2) Form Interrogatories, Set One (“FROG”), and (3) Special Interrogatories, Set One (“SROG”). In addition, the Plaintiff moves the Court for an order to deem all matters specified in Plaintiff's Request for Admiss...

Excerpt: ...oenas Defendant served on the following: Able Physical Therapy Corps; Able Physical Therapy/Billing Office; Albert Hakimian, MD; Elite Medical Clinic; Brotman Medical Anesthesia Group; A. Kevin Aminiam, MD; Martin Luther King Community Health Care; OrthoMed, LLC; Parkridge Private School; ProHealth Advanced Imaging; Medical Specialties Managers/Billing; Samimi Orthopedic Group; Coronis Health; San Vicente Surgery Center, LLC; Zulu Health/Billing;...

Excerpt: ...f Motion for Summary Judgment 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment BACKGROUND Plaintiff Gregory Davenport (“Plaintiff”) sued Defendant Sean Xie, M.D. (“Defendant”) for professional negligence. Plaintiff alleges he underwent spinal fusion surgeries performed by Defendant on February 8, 2018 and February 9, 2018. Plaintiff alleges Defendant performed the procedures negligently such tha...

Excerpt: ...liction of emotional distress. Mastro's filed a Cross-Complaint against Crabtree for (1) implied equitable indemnity, (2) contribution, and Declaratory relief. PPS filed a Cross-Complaint against Crabtree and Mastro's for (1) implied indemnity, (2) comparative indemnity, (3) declaratory relief, (4) equitable indemnity, and (5) contribution. Crabtree moves for a determination that the settlement between Plaintiff and Crabtree was made in good fait...

Excerpt: ...rate the parties' claims. Respondent opposes the motion. 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 resolved quickly and inexpensively.” (Henry v. Alcove Investment, Inc. (1991) 233 Cal.App.3d 94, 99–100 [cleaned up].) Thus, “on...

Excerpt: ...rk; (2) the words “Per Se” from 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, subdiv...