Excerpt: ...filed an opposition to 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 necessary to prevent prejudicing the party's interes...

Excerpt: ...gment; Memorandum of Points and Authorities 2. Plaintiff's Response to Defendant's Separate Statement of Undisputed Material Facts 3. Plaintiff's Additional Separate Statement of Undisputed Material Facts REPLY PAPERS: 1. Reply to Opposition to Motion for Summary Judgment BACKGROUND Plaintiff Jenia Issagholi (“Plaintiff”) sued Defendant City Glendale (“Defendant”) for premises liability claiming she tripped and fell on public property wit...

Excerpt: ...y supervise Plaintiff and Defendant City of Los Angeles (“City”) caused Plaintiff's injuries when it parked an official vehicle across the running track where her physical education was taking place, forcing her to run around the vehicle on to uneven surface. Defendant City demurs to the second cause of action for dangerous condition of public property in Plaintiff's complaint. Plaintiff opposes the demurrer. ANALYSIS “It is black letter la...

Excerpt: ...al Exhibits in Support of Motion for Summary Judgment 5. Declaration of Gregory H. Smith in Support of Motion for Summary Judgment 6. Declaration of Gregory H. Smith in Support of Application to File Records in Support of Motion for Summary Judgment Under Seal 7. Declaration of Brad Bader in Support of Motion for Summary Judgment 8. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opp...

Excerpt: ...ant Los Angeles Fire Department (“Fire Department”) injured Plaintiff's shoulder when picking him up off the floor. Defendant demurs to the first cause of action for medical malpractice – negligence and the second cause of action for medical negligence. Plaintiff opposes the motion. 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....

Excerpt: ...urrer. 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. [¶] (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 Procedure section 431.30, s...

Excerpt: ..., MD, who is a psychiatrist; (3) Barry I. Ludwig, MD, who is a neurologist; (4) Leslie Kaplan, MD, who is a urologist; (5) Kyle B. Boone, Ph.D., who is a neuropsychologist; and (6) Howard R. Krauss, MD, who is an ophthalmologist. Plaintiff submitted to an examination with Spoonamore on May 17, 2021. The motion is therefore moot as to the examination by Spoonamore. Notwithstanding, Plaintiff opposes the motion. ANALYSIS 1. PHYSICAL EXAMINATIONS Wh...

Excerpt: ... who is a neuropsychologist. Plaintiff opposes the motion. 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 action on demand. (Code Civ. Proc., § 2032.220, subd. (a).) Plaint...

Excerpt: ...ment 3. Declaration of Leo J. Murphy, M.D. in Support of Motion for Summary Judgment 4. Declaration of Donna A. Dye in Support of Motion for Summary Judgment 5. 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. Declaration of David Diaz in Support of ...

Excerpt: ...Defendant's school district. Defendant demurs to the fourth cause of action for negligent hiring, supervision, and retention of unfit employee, the fifth cause of action for breach of mandatory duty: failure to report suspected child abuse; the sixth cause of action for negligent supervision of a minor; and the seventh cause of action for negligent failure to warn, train or educate in Plaintiff's complaint. Defendant also moves to strike allegati...

Excerpt: ...ack, Cunningham was working as an officer for CHP, and had stopped the driver of the vehicle in which Plaintiff was a passenger. Defendant demurs to Plaintiff's first amended 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, the court must “liberally cons...

Excerpt: ...ngs: 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 terms, enlarge the time for answer or demurrer. The court may likewise, in its...

Excerpt: ...omplete Care Family Medicine/Marcela Dominguez, M.D.; and (3) St. Joseph Health Mission Hospital. The subpoenas seek all documents about Plaintiff from March 13, 2014 to the present. (Declaration of Iris Weinmann, Exhibits A-C.) Defendant opposes 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, subd. (a).) In ruling on a motion to quash, �...

Excerpt: ...es that she sustained injuries after she slipped and fell on a hazardous and dangerous substance on property owned or controlled by Defendants Jade Opco, LLC and Jape Opco CA, LLC dba Paramount Building Solutions (collectively “Defendants”). Plaintiff moves the Court for orders compelling Defendants to provide further responses to the following discovery requests: 1. Form Interrogatories, Set 1, Propounded to Defendants a. Propounded: Novembe...

Excerpt: .... Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Response to Defendant's Separate Statement 3. Declaration of Ryan A. Camastra in Support of Opposition to Motion for Summary Judgment 4. Objections to Defendant's Evidence REPLY PAPERS: 1. Reply to Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Augustus Tabor in Support of Reply to Opposition to Motion for Summar...

Excerpt: ...ive, Defendant moves to preclude Plaintiff Paul Fisher (“Plaintiff”) from calling Anthony Reading, PhD. (“Reading”) as an expert at trial. Defendant also moves to compel Plaintiff to appear for a mental examination. Plaintiff opposes the motions and ex parte application. 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 ...

Excerpt: ...ate 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. Separate Statement in Support of Opposition to Motion for Summary Judgment 3. Plaintiff's Response to Defendant's Separate Statement 4. Plaintiff's Exhibit Log in Support of Opposition to Motion for Summary Judgment 5. Declaration of Eris J. Barillas in Suppor...

Excerpt: ...PERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Response to Defendant's Separate Statement 3. Declaration of Ryan A. Camastra in Support of Opposition to Motion for Summary Judgment 4. Objections to Defendant's Evidence REPLY PAPERS: 1. Reply to Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Augustus Tabor in Support of Reply to Opposition to Motion for...

Excerpt: ...n the death of her husband, Decedent Tigran Burunsuzyan. Defendant has not filed an opposition to the motion. Based upon Plaintiff's Ex Parte Application heard on April 9, 2021, the Court specially set Plaintiff's motion for trial preference for hearing on June 2, 2021 at 8:30 AM, and ordered Counsel for Plaintiff to provide notice of the hearing. (See April 9, 2021 Minute Order as corrected.) However, the Court notes that Plaintiff has not filed...

Excerpt: ...ion for Summary Judgment BACKGROUND Plaintiff Sara Tamano (“Plaintiff”) alleges she sustained injuries when a glass door shattered, cutting her hand. Defendant Eyal Hollinger (“Defendant”) moves for summary judgment on Plaintiff's complaint for negligence and premises liability. Plaintiff did not file an opposition to the motion. LEGAL STANDARD – MOTION FOR SUMMARY JUDGMENT “[T]he party moving for summary judgment bears the burden of ...

Excerpt: ...es that she sustained injuries after she slipped and fell on a hazardous and dangerous substance on property owned or controlled by Defendants Jade Opco, LLC and Jape Opco CA, LLC dba Paramount Building Solutions (collectively “Defendants”). Plaintiff moves the Court for orders compelling Defendants to provide further responses to the following discovery requests: 1. Form Interrogatories, Set 1, Propounded to Defendants a. Propounded: Novembe...

Excerpt: ...n 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 Adjudication 2. Reply to Plaintiff's Opp...

Excerpt: ...and Rasier, LLC (“Defendants”) based on injuries Plaintiffs allegedly sustained in a motor vehicle collision. Defendants move to compel Plaintiffs to arbitrate their claims. Plaintiffs oppose 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...

Excerpt: ... 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 the defendant seeks to obtain an additional physical examination of the plaintiff, th...

Excerpt: ...sition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Plaintiff's Response to Defendant's Separate Statement 3. Declaration of Ellen Levin in Support of Opposition to Motion for Summary Judgment REPLY PAPERS: 1. Reply to Plaintiff's Opposition to Motion for Summary Judgment; Declaration of Leslie Anne Burnet 2. Defendant's Separate Statement in Reply to Plaintiff's Separate Statement 3. Defendant's Objections to Plaintiff...