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: ...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...