Excerpt: ... a scooter owned and leased by Defendant. Defendant demurs to all three causes of action in the complaint. Plaintiffs oppose the 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 t...

Excerpt: ... 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 Separate Statement in Support of Motion for Summary Judgment 3. Declaration of Zahra H. Aziz in Opposition to Motion for Summary Judgment 4. Declaration of Mark Respass in Opposition to Motion for Summary Judgment 5. Separate Statement in Undisputed Material ...

Excerpt: ...laintiff opposes Defendant's motion to compel responses to the RPD. 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 timely response to it . . . [t]he party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege or on th...

Excerpt: ...T FACTS TO CONSTITUTE AFFIRMATIVE DEFENSES 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. [¶] (c) Where the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral.” (Code Civ. Proc., § 430.20.) “Code of Civil ...

Excerpt: ... 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 the court, compliance with the statutes governing service of process is essential to establish that court's personal jurisdiction o...

Excerpt: ...evron Carter and Marjorie Weiman 2. 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; Declaration of Han S. Lee 2. Separate Statement in Support of Opposition to Motion for Summary Judgment REPLY PAPERS: 1. Reply in support of Motion for Summary Judgment, or in the alternative, Motion for Summary Adjudicat...

Excerpt: ...on alleged injuries arising from physical altercations occurring outside a nightclub. Plaintiffs move to enforce a subpoena for business records served on non-party Los Angeles Police Department (“LAPD”). LAPD opposes the motion. ANALYSIS Code of Civil Procedure section 2025.480 provides, if LAPD “fails to answer any question or to produce any document, electronically stored information, or tangible thing under the [LAPD's] control that is ...

Excerpt: ...n of Thomas Borncamp in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication 4. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication OPPOSITION PAPERS: 1. Plaintiff's Notice of Non-Opposition to Defendant Bell Sports, Inc.'s Motion for Summary Judgment BACKGROUND Plaintiffs Thomas Schwabe (“Thomas”) and Tonya Schwabe (“Tonya”) (c...

Excerpt: ...ff- in-Intervention, Deputy Sheriff John Yateem (“Yateem”). Defendants seek to obtain Yateem's personnel records from the Los Angeles County Sheriff's Department (“Sheriff”). Yateem and Sheriff oppose the motion. ANALYSIS A party in a civil proceeding may gain access to police officer records and citizen complaint records through the procedures established in Evidence Code sections 1043 and 1045. (See Haggerty v. Superior Court (2004) 117...

Excerpt: .... Declaration of Gina Giovacchini in Support of Motion for Summary Judgment 5. Declaration of Susan Nelson in Support of Motion for Summary Judgment 6. Compendium of Evidence in Support of Motion for Summary Judgment 7. 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 Andrew M. Wyatt in S...

Excerpt: ...iff Andrew Wall a MOTION Plaintiff Nancy Del Socorro Diaz Martinez (“Plaintiff”) sued Defendants County of Los Angeles (“County”), Erica Lubliner, M.D., David Scott Abott, R.N., Christina L. Guest, M.D., Nan Zhu Chapman, M.D., Vanik Vartoomian, R.N., Chidi G. Obodozi, Conrado Soliman, Svetlana Enyinnaya, R.N., Maxson Frechette, R.N., Robert Dasher, M.D., Michael Omega, R.N., Khalid Salim Khan, M.D. (collectively, “Defendants”) and Oli...

Excerpt: ...Defendant”) opposes 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, surprise, or excusable neglect.” In addition, a court must vacate a default or dismissal when a motion for relief under Section 473, subdivision (b) is filed t...

Excerpt: ...deposition of Defendant and (2) to prevent Plaintiff from deposing Defendant's wife, Maria R. Marquez (“Maria”). In the alternative, Defendant moves to quash the deposition subpoena served on Maria. Defendant also moves to strike the deposition testimony provided by Defendant on May 7, 2021. Defendant seeks monetary sanctions. Plaintiff has not filed oppositions to the motions. ANALYSIS 1. MOTION FOR PROTECTIVE ORDER Before, after, or during ...

Excerpt: ...and Cross-Complainant Pawesome, LLC d/b/a Fetch! Pet Care, Inc. (“Pawesome”) moves to contest the good faith of the settlement. Goeckner opposes the motion. Pawesome replies to Goeckner's opposition. ANALYSIS 1. ALLEGED PROCEDURAL DEFICIENCIES Pawesome argues Goeckner's application is procedurally deficient on two grounds. Pawesome first objects to Goeckner's application for good faith settlement based on inadequate notice. Pawesome claims Go...

Excerpt: ...” to Compendium of Evidence in Support of Motion for Summary Judgment 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment 6. Declaration of Roma Salguero in Support of Motion for Summary Judgment 7. Declaration of Stacy R. Goldscher in Support of Motion for Summary Judgment 8. Declaration of Rudy Garcia in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgm...

Excerpt: ...nt”). Plaintiff moves the Court for an order compelling Defendant to provide further responses to the following discovery request: 1. Requests for Production of Documents, Set 1, Propounded to Defendant: Nos. 1-35 (“RPD”) a. Propounded: November 2, 2020 b. Responded: i. January 8, 2021 – Initial Responses ii. March 24, 2021 – Further Responses iii. April 9, 2021 – Further Responses c. Motion Filed: June 18, 2021 Defendant opposes the ...

Excerpt: ...nd prayer for punitive damages in the complaint. Plaintiff opposes the motions. 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 o...

Excerpt: ...endant moves to strike punitive damages from the first amended 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, false,...

Excerpt: ...y 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; Declaration of Narek Postajian 2. Plaintiff's Separate Statement in Opposition to Motion for Summary Judgment REPLY PAPERS: 1. Reply to Plaintiff's Opposition to Motion for Summary Judgment 2. Reply to Plaintiff's Separate Statement in Opposit...

Excerpt: ...d its insureds for injuries they sustained while using a hoverboard. Plaintiff filed a first amended complaint on January 8, 2019, and named a series of defendants via Doe amendment, including LG Chem Ltd. (“Defendant”). Now, Defendant specially appears and moves to quash service of the summons and complaint, arguing that the Court lacks personal jurisdiction over Defendant because it does not have sufficient minimum contacts with the State o...

Excerpt: ...of Undisputed Material Facts in Support of Motion for Summary Judgment MOTION TO CONTINUE HEARING PAPERS: 1. Plaintiff's Motion to Continue MSJ; Declaration of Robert B. Treister 2. Defendant's Opposition to Plaintiff's Motion to Continue Hearing on Motion for Summary Judgment BACKGROUND Plaintiff Charles Lem (“Plaintiff”) sued Defendant David Alessi, M.D. (“Defendant”) for medical malpractice. Plaintiff alleges that Defendant negligently...

Excerpt: ...PPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities; Declaration of Greg Coolidge 2. Declaration of Mark J. Burns, BSME, JD, GC, CCBI, CXLT, CPSI in Support of Opposition to Motion for Summary Judgment 3. Evidentiary Objections to Defendants' Evidence Submitted in Support of Motion for Summary Judgment 4. Plaintiff's Separate Statement of Undisputed, Disputed, and Additional Disputed Material Facts...

Excerpt: ...nd Apria Healthcare Group, Inc (collectively, “Defendants”) demur to all three 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 c...

Excerpt: ...ndium 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 Objecti...

Excerpt: ... Quezada (“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 order compelling that answer or production.” (Code...