Excerpt: ...f's complaint as to Kathryn and Mark. Plaintiff opposes the demurrer. Marshburns reply to the opposition. ANALYSIS 1. REQUEST FOR JUDICIAL NOTICE Under Evidence Code section 451, “[j]udicial notice shall be taken of . . . [t]he decisional, constitutional, and public statutory law of this state and of the United States and the provisions of any charter described in Section 3, 4, or 5 of Article XI of the California Constitution.” (Evid. Code, ...

Excerpt: ...dant moves to strike Plaintiff's claim and prayer for punitive damages in the first amended complaint (“FAC”). Plaintiff has not filed an opposition to the motion. ANALYSIS 1. MOTION TO STRIKE 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 c...

Excerpt: ...d complaint and Plaintiffs' claim and prayer for punitive damages. Plaintiff opposes the motion and 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 the complaint. (Code Civ. Proc...

Excerpt: ...d Defendant PIH Health Hospital - Downey based on allegations of elder abuse leading to Decedent's death. Defendant demurs to the second of action in Plaintiffs' complaint. Defendant also moves to strike Plaintiffs' claim and prayer for punitive damages against Defendant. Plaintiffs oppose the motion and demurrer. Defendant replies to the opposition. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tests the legal sufficiency of the...

Excerpt: ...ntiff 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, or improper matter inserted in any pleading; or (2) strike out all or any par...

Excerpt: ...unctioned and struck him in the eye. Plaintiffs move to file a first amended complaint (“FAC”) to assert a claim for punitive damages against GoFit based on facts ascertained in discovery. GoFit opposes the motion. Plaintiffs reply to the opposition. 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...

Excerpt: ...Defendant Navigators Real Estate Inc., via Doe amendment (“Navigators”). Navigators filed a first amended cross-complaint (“FACC”) against Phung for breach of contract, indemnity, equitable contribution, and apportionment of fault. Phung demurs to the first and second causes of action in Navigators's cross-complaint. Navigators opposes the demurrer. Phung replies to the opposition. ANALYSIS “It is black letter law that a demurrer tests ...

Excerpt: ...nufactured, designed, and/or distributed by Defendants. Plaintiff later added Defendant Koshin Ltd. (“Koshin”) via Doe amendment. Koshin appears specially and moves separately to quash service of the summons and complaint for (1) improper service and (2) lack of personal jurisdiction. Plaintiff opposes the motions. Koshin replies to the opposition. EVIDENCE With respect to Koshin's objections to Plaintiff's evidence in support of Plaintiff's ...

Excerpt: ...cts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Juanita Harris in Support of Opposition to Motion for Summary Judgment 3. Declaration of Joseph D. Hough in Support of Opposition to Motion for Summary Judgment 4. Separate Statement and Additional Material Facts in Opposition to Motion for Summary Judgment REPLY PAPERS: 1. Reply in ...

Excerpt: ...ts and Authorities 2. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment or, in the Alternative, Motion for Summary Adjudication of Issues 3. Request for Judicial Notice in Support of Motion for Summary Judgment or, in the Alternative, Motion for Summary Adjudication of Issues 4. Evidence in Support of Motion for Summary Judgment or, in the Alternative, Motion for Summary Adjudication of Issues W.A. Rasic Co...

Excerpt: ...ant demurs to the first cause of action and claim for exemplary damages in Plaintiff's complaint. Defendant also moves to strike Plaintiff's claim for exemplary damages in the complaint. Plaintiff opposes the motion and demurrer. Defendant replies to the opposition. Defendant objects to Plaintiff's opposition as untimely per Code of Civil Procedure section 1005, subdivision (b). The Court notes Plaintiff filed her opposition on November 18, 2021,...

Excerpt: ...�Hospital”), when another patient attacked Plaintiff while Plaintiff was under four-point restraints, as ordered by Bijanpour. Bijanpour has pleaded guilty in an unrelated federal criminal matter, and now moves for a stay of proceedings pending the completion of his 18-month sentence in a federal penal institution. Hospital joins Bijanpour's motion to stay the action. Plaintiff opposes the motion. ANALYSIS “[W]hen the trial court determines o...

Excerpt: ...y Parivash (collectively, “Defendants”) oppose the motion. Plaintiff replies to the opposition. 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 p...

Excerpt: ...ation 3. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, or in the alternative Summary Adjudication 4. Declaration of David G. Halm OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment, or in the alternative Summary Adjudication; Memorandum of Points and Authorities ) (hereafter, “Plaintiff's Opposition”) 2. Separate Statement in Opposition to Defendant's Motion for Summary Judgment, or in...

Excerpt: ...es 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, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in c...

Excerpt: ...ant De Ante Doe, punched Respondent in the face during the ride. Respondent opposes the motion. Petitioner replies to the opposition. ANALYSIS 1. MOTION TO COMPEL ARBITRATION – LEGAL STANDARDS “[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 resol...

Excerpt: ...to strike Plaintiff's proof of service filed on September 16, 2021, reflecting Plaintiff's service on 850 via substituted service. 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(b).) On a motion to strike, the court may: (1) strike out any irrele...

Excerpt: ...es 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 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...

Excerpt: ... Plaintiff's complaint. Plaintiff opposes the motion. County replies to the opposition. County objects to Plaintiff's opposition as untimely. The Court notes Plaintiff filed his opposition on November 19, 2021, or four court days before the hearing. The Court thus finds Plaintiff's opposition to be untimely under Code of Civil Procedure section 1005. (Code Civ. Proc., § 1005, subd. (b).) The Court also notes County has nevertheless filed a reply...

Excerpt: ...e 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, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformit...

Excerpt: ... Longoria, and Detective Stephen Valenzuela (collectively, “Defendants”) move to compel Plaintiff Leticia Sanchez (“Plaintiff”) to submit to a mental examination with Deborah Cresswell, Ph.D. (“Cresswell”), on December 2, 2021. Plaintiff opposes the motion. Defendants reply to the opposition. 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...

Excerpt: ...cts in Support of Motion for Summary Judgment 4. Declaration of Allison C. Nelson in Support of Motion for Summary Judgment 5. Declaration of David Williams in Support of Motion for Summary Judgment 6. Declaration of Manuk Michael Pashanyan in Support of Motion for Summary Judgment 7. Declaration of Mark E. Resier, II, MS, PE, in Support of Motion for Summary Judgment 8. Notice of Motion and Motion to Seal Exhibit B to the Declaration of Manuk Mi...

Excerpt: ...e Nemours and Company, Vidal Zuniga Lopez, and Gloria Gomez (collectively, “Defendants”) based on injuries Plaintiffs allege they sustained in an explosion and fire resulting from cracks in a plastic gas pipeline causing flammable natural gas to enter into Plaintiffs' home. SC Gas demurs to the fourth cause of action for strict liability for ultrahazardous activity in the first amended complaint (“FAC”). SC Gas also moves to strike Plaint...

Excerpt: ...-complaint against Kwan. Pang has settled her claims with Defendant, pending approval by the Court. Kwan opposes the motion. Defendant replies to the opposition. DISCUSSION Per Code of Civil Procedure section 428.10, a party against whom a cause of action is asserted may file a cross-complaint to assert “[a]ny cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if th...

Excerpt: ...ner in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Response to Defendant's Separate Statement of Undisputed Material Facts 3. Separate Statement of Undisputed Material Facts in Opposition to Defendant's Motion for Summary Judgment 4. Evidence in Support of Opposition to Defendant's Motion for Summary Judgment 5. Declaration of Brad A. Schultz in Su...

Excerpt: ... complaint. 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 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 p...

Excerpt: ...ny 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 out all or any part of any pleading not drawn or filed in conformity with the laws of Calif...

Excerpt: ... alleges she sustained when she was bit by a coyote after being instructed by Cunningham to wait outside her vehicle. Defendants move for judgment on the pleading on Plaintiff's first amended complaint. Plaintiff opposes the motion. Defendants reply to the opposition. ANALYSIS A motion for judgment on the pleadings has the same function as a general demurrer, but may be made after the time to demur has expired. (Code Civ. Proc., § 438, subd. (f)...

Excerpt: ...replies to the opposition. EVIDENCE The Court rules on Petitioner's objections to the Declaration of Jerome P. Bellotti as follows: 1. Sustained 2. Sustained 3. Sustained 4. Overruled 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 resolve...

Excerpt: ...e collision into the side of Plaintiff's building. Defendants move for a protective order precluding Plaintiff from deposing adjusters of Defendants' insurance carrier, Farmers Insurance (“Farmers”), and precluding Plaintiff's associated request for production of documents. Plaintiff opposes the motion. ANALYSIS Per Code of Civil Procedure section 2031.060, subdivision (a), “[w]hen an inspection, copying, testing, or sampling of documents, ...

Excerpt: ...d general denial filed on May 14, 2020. Plaintiff Estela Hernandez (“Plaintiff”) opposes the motion. Defendant replies to the opposition. 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 corr...

Excerpt: ...mily Care Specialists IPA, A Medical Group, Inc., and Mayra Hernandez Schulte (collectively, “Defendants”) based on allegations of elder abuse. Plaintiffs allege Defendants neglected to care for Juan by leaving him unattended and allowing him to wander 1.5 miles away from his care facility to be found roughly 12 hours later. White demurs to both causes of action in Plaintiffs' complaint. White also moves to strike portions of the complaint an...

Excerpt: ...ants”) failed to timely diagnose and treat Plaintiff's maple syrup urine disease. Plaintiff demurs to the twenty-sixth affirmative defense in Defendants' second amended answer. Defendants oppose the demurrer. 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. ...

Excerpt: ...tice. Institute demurs to the second through ninth causes of action in Plaintiff's complaint. Institute also moves to strike Plaintiff's claim for punitive and exemplary damages in the complaint. Plaintiff opposes the motion and 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,...

Excerpt: ... (“Spoonamore”). Plaintiff seeks monetary sanctions. Defendants have not filed an opposition to the motion. ANALYSIS Pursuant to Code of Civil Procedure section 2032.610, subdivision (a), “[i]f a party submits to, or produces another for, a physical or mental examination in compliance with a demand under Article 2 (commencing with Section 2032.210), an order of court under Article 3 (commencing with Section 2032.310), or an agreement under ...

Excerpt: ...rmination of good faith settlement. Defendant Navigators Real Estate, Inc. (“Navigators”) opposes the motion. Settling Defendants reply to the opposition. ANALYSIS Any party to an action may move for an order determining whether a settlement between the plaintiff and one or more alleged tortfeasors or co-obligors was made in good faith. (Code Civ. Proc., § 877.6, subd. (a)(1).) Where the nonsettling defendants contest good faith, the moving ...

Excerpt: ...(“O'Connor”), and Andrea Deligio (“Deligio”) (collectively, “Defendants”) based on allegations of sexual battery. Plaintiff alleges that Defendant Juan Enriquez (“Enriquez”), a fellow student, inappropriately touched Plaintiff's thigh during a before-school orientation program. Defendants demur to the first through fourth causes of action in Plaintiff's complaint. Defendant also moves to strike portions of Plaintiff's complaint an...

Excerpt: ...uest for Judicial Notice OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities and Request for Continuance 2. Declaration of Ellen Levin in Support of Opposition to Motion for Summary Judgment 3. Opposition to Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment 4. Evidentiary Objections to Evidence in Support of Motion for Summary Judgment 5. Supplemental Opposi...

Excerpt: ...g of Video Exhibit A to Declaration of Stephen Choo in Support of Motion for Summary Judgment 5. Declaration of Joseph Evangelista in Support of Motion for Summary Judgment 6. Declaration of Gina Ybarra in Support of Motion for Summary Judgment 7. Declaration of Ilka Estrada in Support of Motion for Summary Judgment 8. Declaration of Virgil Monterrosa in Support of Motion for Summary Judgment 9. Request for Judicial Notice in Support of Motion fo...

Excerpt: ... Motion for Summary Judgment, or in the Alternative Summary Adjudication of Issues 3. Declaration of Christopher Rodriguez in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication of Issues 4. Declaration of Robert Kostrenich in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication of Issues 5. Evidence in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication o...

Excerpt: ...t Defendant for Plaintiffs' failure to bring the action to trial within 5 years. Plaintiffs oppose the motion. ANALYSIS Under Code of Civil Procedure section 583.310, “[a]n action shall be brought to trial within five years after the action is commenced against the defendant.” (Code Civ. Proc., § 583.310.) “An action shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties, if the action ...

Excerpt: ...”), abused Plaintiff while Plaintiff was a student in Defendant's school district. Defendant demurs to Plaintiff's entire first amended complaint (“FAC”) for failure to comply with the government claim presentation requirement, and, alternatively, to the first through fifth causes of action. Defendant also moves to strike the entire FAC, alternatively, the first through fifth causes of action in the FAC, and Plaintiff's prayer for treble da...

Excerpt: ...(“CDE”) (collectively, “Defendants”) based on injuries Plaintiff alleges he sustained when he tripped fell on property owned and controlled by Defendants. CDE demurs to the first cause of action for negligence and the second cause of action for premises liability in Plaintiff's complaint. Plaintiff opposes the demurrer. ANALYSIS “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Le...

Excerpt: ...aintiff”) alleges he sustained injuries in a motor vehicle collision with Defendant Andrew Steven Osorio (“Osorio”). Plaintiff further alleges, at the time of the incident, Osorio was driving a vehicle owned by Defendant Rusnak Corporation (“Rusnak”). Plaintiff alleges Rusnak negligently permitted Osorio to use Rusnak's vehicle. Rusnak moves for summary judgment on Plaintiff's complaint. The motion is unopposed. LEGAL STANDARD – MOTIO...

Excerpt: ...to Plaintiffs' entire complaint. Plaintiffs have not filed an opposition to 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 construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal construction means that the revie...

Excerpt: ...for Summary Judgment 3. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment 4. Separate Volumes of Documentary Evidence, Volumes 1-4, in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment and/or Summary Adjudication 2. Separate Statement in Opposition to Motion for Summary Judgment 3. Evidence in Opposition to Motion for Summary Judgment REPLY PAPERS: 1. Rep...

Excerpt: ...tion of David A. Belofsky 2. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Declaration of Paul R. Markley; Declaration of Phillip Bernard; Declaration of John Gardiner, Ph.D. PE 2. Plaintiff's Separate Statement of Disputed Material Facts and Evidence In Opposition to Summary Judgment REPLY PAPER...

Excerpt: ...position to the motion. ANALYSIS Under Code of Civil Procedure section 2034.250, “[a] party who has been served with a demand to exchange information concerning expert trial witnesses may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. [] The court, for good cause shown, may make any order that justice requires to protect any party from unwarranted annoyance, embarr...

Excerpt: ...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(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 ...

Excerpt: ...s to strike Plaintiff's claim and prayer for punitive damages in the 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, ...

Excerpt: ...efendants”) based on a motor vehicle collision. Defendants move to withdraw their answer and file a motion to strike Plaintiffs' claim for punitive damages. Plaintiffs oppose 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, surpri...

Excerpt: .... ANALYSIS 1. MOTION TO STRIKE 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 conformit...

Excerpt: ...llectively, “Plaintiffs”) allege they suffered injuries following an auto collision involving Defendant Chantelle Marie Wells (“Defendant”). Plaintiffs move the Court for orders compelling Defendant to provide further responses to the following discovery requests: 1. Form Interrogatories, Set 1, Propounded to Defendant a. Propounded: June 11, 2021 b. Responded: July 13, 2021 c. Motion Filed: September 20, 2021 2. Requests for Production o...

Excerpt: ...n of Stephen Choo in Support of Motion for Summary Judgment 5. Declaration of Joseph Evangelista in Support of Motion for Summary Judgment 6. Declaration of Gina Ybarra in Support of Motion for Summary Judgment 7. Declaration of Ilka Estrada in Support of Motion for Summary Judgment 8. Declaration of Virgil Monterrosa in Support of Motion for Summary Judgment 9. Request for Judicial Notice in Support of Motion for Summary Judgment 10. Separate St...

Excerpt: ...of Motion for Summary Judgment (No. 1 of 3) 5. Evidence in Support of Motion for Summary Judgment (No. 2 of 2) 6. Notice of Non-Receipt of Opposition to Motion for Summary Judgment BACKGROUND Plaintiff Arianna N. Herrera (“Plaintiff”) sued Defendants Helen Yang, D.O. (“Yang”) and Complete Women Care, Inc. (collectively, “Defendants”) for medical malpractice. Plaintiff alleges that Defendants failed to correctly diagnose Plaintiff and ...

Excerpt: ...��Defendant”) opposes the motion. EVIDENCE Defendant's evidentiary objections to the Declaration of Thomas M. Willford are overruled. 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...

Excerpt: ...further alleges that Walmart's employee, Chariez, failed to preserve Walmart's video surveillance footage of the incident. Defendants demur to the third cause of action for unfair business practices in the 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, t...

Excerpt: ...f opposes Stone's motion. Stone replies to the opposition. Plaintiff has not filed an opposition to Campbell's motion. ANALYSIS “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion...[t]o 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).)...

Excerpt: ...CTION “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. Golde...

Excerpt: ...efendant opposes the demurrer. Plaintiff replies to the opposition. ANALYSIS Defendant asserts fourteen affirmative defenses in his first amended answer to Plaintiff's complaint. Plaintiff contends that the first through thirteenth affirmative defenses in Defendant's first amended answer fails to allege facts sufficient to constitute an affirmative defense and are uncertain. Plaintiff also argues that Defendant failed to timely file the first ame...

Excerpt: ...ny evidence relating to Plaintiff's injuries and the subject vehicle collision. Defendants also seek monetary sanctions. Plaintiff has not filed an opposition to the motion. ANALYSIS When a party misuses the discovery process by disobeying a court order to provide discovery, the court in its discretion may impose a terminating sanction by striking a party's pleading or dismissing the action of the party. (Code Civ. Proc., §§ 2023.010, subd. (g)...

Excerpt: ...walk. Defendant demurs to the first cause of action in Plaintiff's complaint. Plaintiff opposes the demurrer. Defendant replies to the opposition. 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.) ...

Excerpt: ...ively, “Plaintiffs”) sued Defendants Adam Gruen and Amanda Gruen (“Amanda”) (collectively, “Gruens”) and Palisades Homeowners Association #3 (“HOA”) based on injuries Plaintiffs allege Lulu sustained after being bitten by Gruens' dog, Bandit. Plaintiffs move to enjoin Gruen from keeping Bandit within the neighborhood during the pendency of this action. Gruens oppose the motion. EVIDENCE Gruens enter the objections to the declarati...

Excerpt: .... 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 interest in the litigation.” (Code Civ...

Excerpt: ...and (3) Kyle B. Boone, Ph.D., who is a neuropsychologist. Plaintiff opposes the motions. Defendant replies to the opposition. 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 ...

Excerpt: ...Alternative Summary Adjudication 3. Declaration of David A. Marchell in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication 4. Declaration of Hartyoon Hilalian in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication 5. Declaration of Lisa Grnja in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication 6. Separate Statement of Undisputed Material Facts in Supp...

Excerpt: ... prayer for punitive damages in the first amended complaint (“FAC”). 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 strike, the court may: (1) strike out any irrelevant, false, or improper matter inserted in any pl...

Excerpt: ... Defendants move to strike Plaintiff's claim and prayer for punitive damages in the complaint. 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 strike, the court may: (1) strike out any irrelevant, false, or improper mat...

Excerpt: ...ff was entered into in good faith. The motion is unopposed. ANALYSIS Under section 877.6 of the California Code of Civil Procedure, “[a] determination by the court that [a] settlement was made in good faith shall bar any other joint tortfeasor . . . from any further claims against the settling tortfeasor . . . for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.” (C...

Excerpt: ...to the fifth cause of action in the first amended complaint (“FAC”). 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 complaint. (Code Civ. Proc., § 452.) “This rule of liberal constr...

Excerpt: ... Productions Inc., and Showtime Networks, Inc. (collectively, “Defendants”) based on injuries Plaintiff alleges he sustained when camera parts and/or accessories fell and struck Plaintiff on the head. Defendants move to quash service of written discovery propounded by Plaintiff upon “Named Defendants” Warner Bros. Television (“WBTV”), John Wells Productions (“Wells”), and Sterling Films (“Sterling”). Defendants also move for a...

Excerpt: .... Declaration of Simon Hwang in Support of Motion for Summary 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 2. Declaration of W. Christian Krankemann in Support of Opposition to Motion for Summary Judgment 3. Opposition to Defendant's Separate Statement of Undisputed Material Facts and Suppo...

Excerpt: ...tively, “Defendants”) based on medical malpractice. Defendants demur to the third through eighth causes of action in Plaintiff's complaint. Defendants also move to strike Plaintiff's entire complaint, or alternatively portions of Plaintiff's complaint. Plaintiff opposes the motion and 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, In...

Excerpt: ...ving Trust (collectively, “Settling Defendants”). Settling Defendants move for a determination that their settlement with Plaintiff was entered into in good faith. Defendants Toms Shoes, LLC and Toms Shoes Holdings II, LLC (collectively, “Defendants”) oppose the motion. ANALYSIS Under section 877.6 of the California Code of Civil Procedure, “[a] determination by the court that [a] settlement was made in good faith shall bar any other jo...

Excerpt: ...t demurs to the first and second causes of action in the first amended complaint (“FAC”). 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 construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liber...

Excerpt: ...e of speed. Plaintiff moves the Court for an order compelling Defendant to provide further responses to the following discovery request: Demand for Production, Set 1, Propounded to Defendant  Propounded: January 25, 2021  Initial Responses: March 9, 2021  Further Responses: August 26, 2021  Motion Filed: September 3, 2021 Defendant opposes the motion. PROCEDURAL REQUIREMENTS Informal Discovery Conference Per the First Amended Standing...

Excerpt: .... EVIDENCE Defendant's evidentiary objections to the Declaration of Thomas M. Willford are overruled. 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, o...

Excerpt: ...ndant's motion for summary judgment on Plaintiff's complaint. Defendant opposes the motion. Plaintiff replies to the opposition. ANALYSIS Plaintiff moves for a new trial under Code of Civil Procedure section 657, subdivisions (1) and (3) through (7) which provides as follows: The verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues, on the ap...

Excerpt: ...ntest the good faith of the settlement. Ayyad opposes the motion. Amstone replies to the opposition. ANALYSIS Under section 877.6 of the California Code of Civil Procedure, “[a] determination by the court that [a] settlement was made in good faith shall bar any other joint tortfeasor . . . from any further claims against the settling tortfeasor . . . for equitable comparative contribution, or partial or comparative indemnity, based on comparati...

Excerpt: .... Defendant moves to compel a neuropsychological examination of Plaintiff by Kyle Boone, Ph.D. (“Boone”) and assisted by Enrqiue Lopez, Psy.D (“Lopez”). 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,...

Excerpt: ... of Documentary Evidence in Support of Motion for Summary Judgment/Adjudication 3. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment/Adjudication BACKGROUND Plaintiff Fred Kordlar (“Plaintiff”) sued Defendants Cedars-Sinai Medical Center (“Defendant”), Yosef Y. Nasseri, M.D., Thomas P. Sokol, M.D., and The Doctor's Choice Home Health Services, for medical malpractice. Plaintiff alleges that he under...

Excerpt: ... on a trip and fall on a section of raised sidewalk. Defendants demur to the first through third causes of action in Plaintiff's complaint. Defendants also move to strike portions of Plaintiff's complaint. Plaintiff opposes the motion and 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...

Excerpt: ...aurin Buresh, and Timothy Brent Buresh (“Plaintiff”) sued Defendants Palos Verdes Unified School District (“District”), Brent Kuykendall (“Kuykendall”), Francisco Aguirre (“Aguirre”), Suzanne Brown (“Brown”), Charles Lee (“Lee”), Michael Lloyd (“Lloyd”), and David Young (“Young”) (collectively, “Defendants”) based on injuries Plaintiffs allege Jackson sustained when he was hit by a teammate during football prac...

Excerpt: ... deadlines in this matter, which is currently set for December 17, 2021, to April 25, 2022. Plaintiff Ann Olsen (“Plaintiff”) opposes the motion. Defendants reply to the opposition. ANALYSIS “Continuances are granted only on an affirmative showing of good cause requiring a continuance.” (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion in considering a request for a trial continuance. (...

Excerpt: ... Summary Judgment, or in the Alternative Summary Adjudication 3. Declaration of Jacquelyn J. Sugapong 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. Omnibus Opposition to Motion for Summary Judgment, or in the Alternative Summary Adjudication; Memorand...

Excerpt: ...inst Defendants, Los Angeles County Metropolitan Transportation Authority (“LACMTA”), Hartley III Floyd, also known as Floyd Hartley III (“Floyd”), Interinsurance Exchange of the Automobile Club, also known as AAA (“AAA”), for damages relating to two motor vehicle accidents. The complaint alleges the first collision occurred on July 12, 2019, and the second collision occurred on September 16, 2019. Concerning the first collision, the ...

Excerpt: ...IS “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. Golden E...

Excerpt: ...iser Foundation Hospitals and Kaiser Foundation Health Plan, Inc. (“Kaiser Health Plan”) (collectively, “Defendants”) based on allegations of medical malpractice. Defendants demur to the third cause of action in Plaintiffs' first amended complaint. Defendants also demur to Plaintiffs' naming Kaiser Foundation Health Plan, Inc. as a defendant. Plaintiffs oppose the demurrer. Defendants Stephen Howard Lebowitz, M.D., Louise Yeuk Yan Yeung, ...

Excerpt: ...the subpoena Defendant served on California Department of Social Services. Plaintiff seeks monetary sanctions. Defendant opposes the motion. Defendant objects to Plaintiff's motion for failure to file a separate statement in connection with the motion, as required by California Rules of Court rule 3.1345, subdivision (a). The Court finds that Plaintiff did file a separate statement in connection with the motion, and thus finds Defendant's objecti...

Excerpt: ...(2) a third cause of action for false imprisonment; and (3) a claim for punitive damages. Defendant Envision WC MB Auto, LLC (“Defendant”) 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 an...

Excerpt: ...h 2. Defendants Access Services and Global Paratransit, Inc's Notice of Motion and Motion to Strike Portions of Plaintiffs' Complaint; Memorandum of Points and Authorities; Declaration of Julian Smith 3. Notice of Continuance of Defendants Access Services and Global Paratransit, Inc's Demurrer and Motion to Strike 4. Amended Demurrer of Defendants Access Services and Global Paratransit, Inc. to the Complaint; Memorandum of Points and Authorities;...

Excerpt: ...endants”) based on a slip and fall on property owned and controlled by Defendants. Defendants move to strike Plaintiffs' prayer for punitive damages in the complaint. Plaintiffs oppose 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 st...

Excerpt: ...ary Adjudication 4. Request for Judicial Notice in Support of Motion for Summary Adjudication 5. Declaration of Darcie A.F. Colihan in Support of Motion for Summary Adjudication 6. Notice of Lodgment in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Adjudication 2. Opposition to Separate Statement of Undisputed Material Facts 3. Evidence in Support of Opposition to Motion for Summary Adjudication REP...

Excerpt: ...r Summary Judgment 5. Declaration of Chelsea N. Trotter in Support of Motion for Summary Judgment 6. Declaration of Arthur Cox in Support of Motion for Summary Judgment 7. Declaration of Victoria Adams 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 Opposition to Motion for Summary Judgment; Separate Statement of Additional Mat...

Excerpt: ...omplaint. Defendant has not filed an opposition to the demurrer. Plaintiff has filed a notice of non-opposition to 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 construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of li...

Excerpt: ...Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment 5. Notice of Lodgment of Exhibits in Support of Motion for Summary Judgment 6. Request for Judicial Notice in Support of Motion for Summary Judgment 7. Notice of Lodgment of Federal Authorities in Support of Motion for Summary Judgment OPPOSITION PAPERS: Plaintiff David Paul Osterhout: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Au...

Excerpt: ...ries Thomas alleges he sustained when exercising with an exercise product that malfunctioned and struck him in the eye. The incident occurred in Silver Creek, Washington. At the time of filing suit, Plaintiffs resided in California, but now live in Washington. Amazon is a Delaware corporation with its principal place of business in Washington. Amazon moves to dismiss the action based on inconvenient forum, contending that Washington is a superior...

Excerpt: ... vehicle collision. Plaintiff alleges that Bliss, who was an employee of CHP acting within the course and scope of her employment at the time of the incident, ran a red light and collided with Plaintiff's vehicle. CHP demurs to the first through third causes of action in Plaintiff's first amended complaint (“FAC”). Plaintiff opposes the demurrer. CHP replies to the opposition. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tes...

Excerpt: ... outside the area for which the PMK has been designated. Defendant seeks monetary sanctions. Plaintiff opposes the motion and also seeks monetary sanctions. ANALYSIS Per Code of Civil Procedure section 2025.420, subdivision (a), “[b]efore, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order. The motion shall be accompanied by a meet and confer decl...

Excerpt: ... Inc. (“Defendant”) 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 terms...