Excerpt: ... complaint. Plaintiff opposes 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.) “This rule of liberal construction means that the reviewing court draws inferences favorable to the pl...

Excerpt: ...e examination of Plaintiff by Philip K. Stenquist, Ph.D (“Stenquist”). Defendants Lulia Ma and Wendhua Yu join the motion. ANALYSIS Defendants cite Code of Civil Procedure section 2032.220 as authority for this motion. Per Code of Civil Procedure section 2032.220, 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., §§ 20...

Excerpt: ...cuments that Defendant was “unable to locate the video surveillance at this time.” (Declaration of Hadi E. Ramsey, Exh. 2, p. 5.) Plaintiff moves for a terminating sanction, or in the alternative, for issue or evidentiary sanctions. Plaintiff has not submitted a separate statement in connection with her request for issue or evidentiary sanctions. Plaintiff's motion for issue or evidentiary sanctions is therefore denied as procedurally defecti...

Excerpt: ...nder, struck Senh while Senh was riding a bicycle. Plaintiffs move to amend the complaint to assert a claim for punitive damages. ANALYSIS Per Code of Civil Procedure section 473, subdivision (a)(1), “The 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 ...

Excerpt: ...Motion for Summary Judgment 3. Declaration of Robert F. Donohue in Support of Motion for Summary Judgment 4. Index of 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. Declaration of Diana D. Price in Support of Opposition 3. Declaration of Dustin Tho...

Excerpt: ... contained mushrooms, and thereafter had a severe allergic reaction. Plaintiff thereafter sought treatment in Defendant's emergency department. Defendant moves for summary judgment, or in the alternative motion for summary adjudication on Plaintiff's complaint. In reviewing Defendant's motion, the Court read and considered the following briefs and documents submitted to the Court: MOVING PAPERS: 1. Notice of Motion and Motion for Summary Judgment...

Excerpt: ... to Plaintiff's complaint. Defendant also moves to strike references to a mandatory duty from Plaintiff's 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, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal constr...

Excerpt: ...records “any and all records related to KENNETH ANDERSON (D.O.B.: 10/01/1953) including, but not limited to, eye examinations, diagnosis, physicians' orders, treatment, prescriptions, optical imaging of the eyes, and eye surgery reports, from January 2015 to January 2019,” and the Skinner subpoena seeks "any and all records related to KENNETH ANDERSON (D.O.B.: 10/1/1953) including but not limited to examination reports, consultation reports, ...

Excerpt: ...any and all records about the underlying collision between Plaintiff and Defendant. (Declaration of Tina M. Bhatia, Exh. A.) Plaintiff 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, “the court may in its discretion award the amount of the reasonable expenses incurred in making or oppo...

Excerpt: ...der 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 notice ...

Excerpt: ...ittier Imaging Center—Midway; (3) Centrelake Imaging and Oncology Centre Network/Medical—Pomona; (4) Revenue Management Consultants—Anaheim; (5) Centrelake Imaging and Oncology Centre Network/Radiology—Pomona. The subpoenas seek medical reports and records about Plaintiff. (Declaration of James L. Noble, Exh. A.) Defendant opposes the motion. ANALYSIS If a subpoena requires the production of documents, the court may quash the subpoena ent...

Excerpt: ...otion 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 Sandie Stevens in Support of Opposition to Motion for Summary Judgment 3. Declaration of Ernest Meza in Support of Opposition to Motion for Summary Judgment 4. Declaration of Leonard Stevens in Support of Oppos...

Excerpt: ...aint. Plaintiff opposes the motion. In reviewing Defendants' motion for summary judgment, the Court read and considered the following briefs and documents submitted to the Court: MOVING PAPERS: 1. Notice of Motion and Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Bryan C. Misshore in Support of Motion for Summary Judgment 3. Declaration of James D. Wethe, M.D. in Support of Motion for Summary Judgment 4. Sepa...

Excerpt: ...nt. 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.) “This rule of liberal construction means that the reviewing court draws inferences favorable to the plaintiff, not the defendant.” (Perez v...

Excerpt: ...omplaint as follows:  P. 3, ¶ 13: “The unidentified employee acted with the intent to cause harmful and offense contact with Plaintiff's person.”  P. 4, ¶ 16: “Defendants and Does 1 through 50, and their unidentified employee touched Plaintiff with intent to harm and offend Plaintiff.”  P. 5, ¶ 20: “Defendants and Does 1 through 50, and their unidentified employee's conduct was intentional, outrageous, and reckless…” ...

Excerpt: ...nitive damages in the complaint. Plaintiff did not file oppositions to the demurrer or motion to strike. 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.) “This rule of liberal construction means...

Excerpt: ...dant also moves to strike portions of Plaintiff's first amended 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, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal construction means that the reviewing court draw...

Excerpt: ...ir vehicle was struck by a vehicle driven by Defendant Sanaz Arman (“Arman”) who was driving for Uber Technologies Inc. and Rasier LLC (collectively, “Defendants”). Defendants demur to the fifth cause of action in Plaintiff's first amended complaint. Defendants also move to strike the prayer for punitive damages in the first amended complaint. Plaintiffs have not filed oppositions to the demurrer or motion to strike. ANALYSIS 1. DEMURRER ...

Excerpt: ... party 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 February 24, 2021 CASE NUMBER 19STCV42534 MOTION Leave to File First Amended Complaint MOVING PARTY Plaintiff Gustavo Rodriguez OPPOSING PARTIES Defendants Gil Tepper, M...

Excerpt: ...st 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 February 23, 2021 CASE NUMBER 20STCV11494 MOTION Motion to Strike MOVING PARTIES Defendants the People of the State of California, acting by and through the Department of Transportation, and Syed Mohammed Ahsan Hussain OPPOSING PARTIES Plaintiff Stela Tas...

Excerpt: ...ter (St. Vincent) and Anthony Ho, M.D. (Ho). Plaintiffs allege that Daryl Hadley (“Decedent”) presented at St. Vincent on November 19, 2016, with elevated blood pressure, chest pains, and dizziness. (Amended Complaint, ¶ 7.) Plaintiffs allege that Defendant did not properly diagnose and treat Decedent, releasing him from the emergency room. (Id. at ¶¶ 7-9.) Plaintiffs allege that Decedent died as a result on December 1, 2016. (Id. at ¶ 10...

Excerpt: ...rty 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 February 22, 2021 CASE NUMBER BC683071 MOTION Motion to Tax Costs MOVING PARTY Plaintiff Martin Balmaced a OPPOSING PARTIES Defendants Austin Butler and Holly Butle r MOTIO...

Excerpt: ...rty 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 February 22, 2021 CASE NUMBER BC707114 MOTION Motion for Summary Judgment MOVING PARTY Defendant Fitness International, LLC OPPOSING PARTY Plaintiff Vida Tebbi MOVING PAPER...

Excerpt: ... party 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 February 22, 2021 CASE NUMBER 20STCV40448 MOTION Demurrer to Complaint MOVING PARTY Defendant City of Maywood OPPOSING PARTY None MOTION Defendant City of Maywood (“De...

Excerpt: ... party 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 February 22, 2021 CASE NUMBER 20STCV44397 MOTION Demurrer to Complaint MOVING PARTY Defendant Knight Transportation, Inc. OPPOSING PARTY Plaintiff Alfonso Herrera MOTI...