Excerpt: ...p. Defendant demurs to Plaintiffs entire Second Amended Complaint (SAC) and to the cause of action for Premises Liability. Plaintiff opposes the demurrer. Defendant replies. Based on Plaintiffs untimely filing of her opposition, and as a result, Defendant's late filing of its reply, the Court continued the hearing for the instant motion from May 1, 2023, to May 17, 2023, to allow the Court time to review the opposition and reply. ANALYSIS 1. DEMU...

Excerpt: ...nce in Support of Motion for Summary Adjudication Declaration of Kyobum Lee in Support of Motion for Summaty Adjudication OPPOSITION PAPERS: Opposition to Motion for Summary Adjudication; Memorandum of Points & Authorities Separate Statement of Undisputed and Disputed Material Facts in Support of Opposition to Motion for Summary Adjudication Declaration of Nikolai Lachovvicz and Exhibits REPLY PAPERS: Reply in Support of motion for Summaty Adjudi...

Excerpt: ...ry to assert an additional cause of action for negligence against Cross-Defendants Armstrong Transport Group, LLC (Armstrong) and Neon Logistics, LLC (Neon), based on new facts learned through discovety and a recent Motion for Summary Judgment filed by Neon. Armstrong and Neon separately oppose the motion. Francim replies. On April 18, 2023, after review and consideration of the movmg papers, opposition, reply, and oral argument the Court continu...

Excerpt: ... US LCC (Defendant) opposes the motion. Plaintiff replies. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision "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 other respect; and may, upon like t...

Excerpt: ...strike Plaintiffs prayer for punitive damages. Plaintiff opposes the motion. Star replies. 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., S 435, subd. Cal. Rules of Court, rule 3.1322, subd. 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 a...

Excerpt: ...on AuthoriW (Defendant) opposes the motion. 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 againsthim 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 time...

Excerpt: ...for Summary Judgment; Memorandum of Points and Authorities Request for Judicial Notice Evidentiary Objections to Declarations of Jacqueline Bouché and Helene Udy 4. Response to Separate Statement of Material Facts . Amended Response to Separate Statement of Material Facts [1] 6. Second Amended Response to Separate Statement of Material Facts Declaration of Jeff Bonelli 8. Declaration of William E. Jackson REPLY PAPERS: Reply to Opposition to Mot...

Excerpt: ...ffirmative defenses based on Civil Code section 333.4 and Plaintiffs failure to wear a seatbelt. Plaintiffs Eduardo Ramirez (Ramirez) and Jorge Medrano (Medrano) separately oppose the motion. Defendants reply. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision "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 a...

Excerpt: ... argues the FAC is necessary to amend the second cause of action for premises liability to allege that the perpetrator of the subject incident was not a single "security guard for-hire" but rather mvo separate individuals. Defendant Justin Jagoda (Defendant) opposes the motion. Plaintiff replies. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision "The court may, in furtherance of justice, a...

Excerpt: ...tion to Motion for Summary Adjudication; Memorandum of Points and Authorities, Declaration of Thomas Conroy and Supporting Evidence Reply to Separate Statement of Material Facts Declaration of Mark Home REPLY PAPERS: Reply filed by Defendants Sea Logix, LLC and Gerardo Benavidez Reply filed by Plaintiffs Dijon Paris Cosby, Anthony Bueno and Josiah Yvonn Guidry Declaration of Marcelis E. Morns in support of Reply filed by Plamtiffs ADDITIONAL PAPE...

Excerpt: ...tative of the Estate of Christopher Pearson (Decedent) sued Defendants Avalonbay Communities, Inc„ ASN Woodland Hills East, LLC, Universal Protection Service, LP, and Allied Universal Executive Protection and Intelligence Services, Inc. (collectively, Defendants) based on a violent attack on Decedent which resulted in his death. Defendants Avalonbay Commumties, Inc. and ASN Woodland Hills East, LLC (Demurring Defendants) demur generally and spe...

Excerpt: ...endant) based on injuries Decedent alleged he sustained in a motor vehicle collision. Plamtiffs Estate of Fernando Romo, Martha J. Sanchez (Mattha), Christopher J. Romo Sanchez (Christopher), Fernando Romo, Ir. (Fernando) and Dania Y. Romo (Dania), a minor, by and through her Guardian Ad Litem, Martha J. Sanchez (collectively, Plaintiffs) move the Court for an order to have Plaintiffs Martha l. Sanchez (Martha), Decedent's surviving Wife, and Chr...

Excerpt: ...vision of employees. Defendants Jose Francisco Rodriguez Sanchez, Ralph Olarte and Sport La, Inc. (collectively, Defendants) oppose the motion. Plaintiff replies. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision "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...

Excerpt: ... Civil Procedure section 473 Code of Civil procedure section 473 "includes a discretionary provision, which applies permissively, and a mandatory provision, which applies as of right." (Minickv. Ci)' of Petaluma (2016) 3 Cal.App.5th 15, 25 (hereafter Minick).) "Section 473 is a remedial statute to be "applied liberally' in favor of relief if the opposing party will not suffer prejudice. Because the law strongly favors trial and disposition on the...

Excerpt: ...dging and Lodging of Video and Screen Shots in Support of Motion for Summary Judgment 5. Evidence in Support of Motion for Summary Judgment 6. Appendices of Non-California Authorities in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment 2. Objections to Summary Judgment Evidence 3. Plaintiff's Response Separate Statement of Disputed Material Facts and Additional Undisputed Material Facts [1] 4....

Excerpt: ...e Day Care, Inc. (Little Bee), Alina Stolyarova (Stolyarova) and Evgeny Nagovitsyn (Nagovitsyn) as the Trustee of Nagovitsyn Family Trust (collectively, Defendants) based on a leg injury Plaintiff Yaroslava allegedly sustained while she was under the care of Defendants at Little Bee. Defendants demur to Plaintiffs' Complaint. Plaintiffs have not filed an opposition. The Court continued the hearing on the demurrer twice to allow Little Bee, a corp...

Excerpt: ...ff Christel on the phone and walking to his car in the parking lot of Dodger Stadium. Plaintiffs further allege that the delay in providing assistance to Plaintiff Rafael exacerbated his injuries. Defendant Los Angeles Dodgers, LLC (“Defendant”) moves the Court for orders compelling Plaintiffs to serve further responses to the following discovery requests: 1. Demand for Inspection, Set 1, Propounded to Plaintiff Rafael (Motion A) · Propounde...

Excerpt: ...oposed SAXC is necessary to assert an additional cause of action for negligence against Cross-Defendants Armstrong Transport Group, LLC (Armstrong) and Neon Logistics, LLC (Neon), based on new facts learned through discovery and a recent Motion for Summary Judgment filed by Neon. Armstrong and Neon separately oppose the motion. Francini replies. Francini separately moves for leave to file a first amended answer, arguing the amended answer is nece...

Excerpt: ...iff Joshua Messler (“Plaintiff”) opposes the motion. REQUEST FOR JUDICIAL NOTICE Under Evidence Code section 452, “[j]udicial notice may be taken of the following matters to the extent that they are not embraced within Section 451: . . . (c) Official acts of the legislative, executive, and judicial departments of the United States and of any state of the United States. (d) Records of (1) any court of this state or (2) any court of record of...

Excerpt: ...ces 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. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) California Rules of Court, rule 3.1332 sets forth factors for the Court to consider in ruling on a motion to continue trial. Whether the parties have stipulat...

Excerpt: ...ts' expert witnesses Philip S. Wang MSME and Jeffrey I. Korcheck M.D. Defendants oppose the motion. On March 14, 2023, the original hearing date for the instant motion, the Court found that Plaintiff did not meet and confer with Defendants in good faith before filing her motion to reopen discovery. As such, the Court ordered Plaintiff and Defendants to meet and confer in an effort to informally resolve the current discovery dispute. The Court fur...

Excerpt: ...scaffolding installed by Defendants. (See Complaint, ¶ 9.) Plaintiff moves to quash the subpoenas issued by Defendants to the following entities: (1) National Providers Solution, (2) Travelers Property Casualty Company of America, (3) Law Offices of Keith Nguyen, (4) Law Offices of Cipolla Calaba, and (5) Jerry's Famous Deli, Inc. Defendants oppose the motion. Plaintiff replies. ANALYSIS 1. DISCOVERY – GENERAL PRINCIPLES “The purpose of the ...

Excerpt: ... for order determining the good faith of its settlement with Plaintiffs. Defendant/Cross- Defendant/Cross-Complainant Make It Nice, LLC (Make It Nice) oppose the motion. Rodeo replies. ANALYSIS A. GOOD FAITH SETTLEMENTS Under Code of Civil Procedure section 877.6, “[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...

Excerpt: ... at an event hosted at Standard Hotel's night club. On September 4, 2019, Plaintiff filed an amendment to the Complaint nammg Sewice Concierge, Inc. dba The Standard, Hollywood (SCI) in its capacity as the managing and operating entity for Standard Hotel, as Doe Defendant 1. On September 16, 2022, Complainant in Intervention North American Capacity Insurance Company (NACI) intervened in the underlying matter as the insurer for SCI, and on SCI's b...

Excerpt: ...on for Summary Judgment Compendium of Evidence in Support of Motion for Summary Judgment OPPOSITION PAPERS: 4. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities Evidentiary Objections and Motions to Strike in Opposition to Motion for Summary Judgment Separate Statement of Disputed and Undisputed Facts in Opposition to Motion for Summary Judgm ent Compendium of Declarations and Exhibits in Opposition to Motion for Sum...

Excerpt: ...e 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. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) California Rules of Court, rule 3.1332 sets forth factors for the Court to consider in ruling on a motion to continue trial. Whether the parties have stipulated to the postponement is a relevant factor for consideration...

Excerpt: ...nd Roberto Gutierrez (collectively, "Defendants'). (See First Amended Complaint, 6.) Defendants move the Court for an order compelling Plaintiff to provide further responses to the following discovery request: Form Interrogatories, Set 1, Propounded to Defendant (Motion A) a. Propounded: July 30, 2021 b. Responded: September 16, 2021 c. Motion Filed: March 7, 2023 Special Interrogatories, Set 1, Propounded to Defendant (Motion B) a. Propounded: J...

Excerpt: ...or, failing health pursuant to Code of Civil Procedure section 36, subdivision (a). Plaintiff Hector Carbajal (PlaintifO initiated the action based on a motorvehicle collision. Defendant/Cross-Complaint/Cross-Defendant Kevin Mauricio Gutierrez Munoz (Munoz) opposes the motion. Additionally, Defendant/Cross-Complainant/Cross- Defendant Postmates, LLC (Postmates) opposes the motion. Defendant/Cross-Defendant Mario Santiago Vasquez Lmares (Linares) ...

Excerpt: ...1. FAILURE TO STATEA CAUSE OF ACTION 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., S 438, subd. "The motion provided for in this section may only be made on one of the following grounds: ... (8) Ifthe moving party is a defendant, that either ofthe following conditions exist: (1) The court has no jurisdiction of the subject of the cause of ...

Excerpt: ...cing evidence that a dangerous condition existed, the County and its employees had notice of a dangerous condition, the County and its employees were negligent, or Plaintiff sustained any injury or damages. Defendant also requests monetary sanctions. At the hearing on March 7, 2023, the Court continued the hearing to permit Plaintiff an opportumtyto oppose the motion. Thereafter, Plaintiff filed an opposition to the motion to which Defendant file...

Excerpt: ...d, operated or controlled by Defendant New Vision Contractors ("Defendant"). (See Complaint; Amendment to Complaint filed November 29, 2021.) Plaintiff moves the Court for an order compelling Defendant to provide further responses to the following discovery requests: Form Interrogatories, Set 1, Propounded to Defendant a. b. c. a. b. c. Propounded: Responded: Motion Filed: July 27, 2022 November 15, 2022 December 23, 2022 Special Interrogatories,...

Excerpt: ...sported in collided With another vehicle. Plaintiff further alleges that Defendants Access Services, MV Transportation, Inc. and Angel Silva negligently operated the vehicle she was being transported in. (See Complaint, pp. 2-7.) Defendants Access Services and MV Transportation, Inc. (collectively, "Defendants") move the Court for orders compelling Plamtiffto provide further responses to the following discovety requests: Form Interrogatories, Set...

Excerpt: ...er Defendant Courtney Tights ("Defendant") Plaintiffs move the Court for orders compelling Defendant to provide further responses to the following discovery requests: Form Interrogatories, Set 1, Propounded to Defendant (Motion A) a. Propounded: June 2, 2022 b. Responded: August 3, 2022 c. Motion Filed: October 4, 2022 Special Interrogatories, Set 1, Propounded to Defendant (Motion B) a. Propounded: June 2, 2022 b. Responded: August 3, 2022 c. Mo...

Excerpt: ...gamst Defendant for failure to answer and enter judgment against him pursuant to Code of Civil Procedure section 585. The motion is unopposed. Preliminarily, the Court notes that Plaintiffs request for entry of default judgment agamst Defendant is improper as the Court has previously denied Plaintiffs default judgment package for various reasons. (See, e.g„ Minute Orders of October 26, 2022 & November 30, 2022.) Accordingly, the Court denies Pl...

Excerpt: ...sion. Plaintiffs allege that on May 4, 2018, Defendant Doe Driver collided With a vehicle being operated by Joseph Amaya, and in which Plaintiffs were passengers. Doe Driver fled the scene after the accident Plaintiffs allege (1) negligence against Doe Driver, and (2) declaratory relief agamst Defendants Thrifty Car Rental, Hertz Corporation, and State Farm. On October 11, 2022, this Court dismissed the Complaint with prejudice as to Defendants H...

Excerpt: ...ition. ANALYSIS Amd«ts to Code of Civil æcbon 473, subdivision (all), "The in of jÆtiæ, be to pluding or by adding or striking the of by of or mistalæ in any other respect: fm• or The its to upm be to pladmg m upml allow to be made limited by To wit, without notice to the other party the Court has wide discretion to allow either party (i) to add or strike the name of a party- or (ii) to correct a mistake in the name of a party or a mistake...

Excerpt: ...tained when she fell on the stairs located at an accommodation Respondent booked through Petitioners' platform. Respondent opposes the motion. Petitioners reply. 1. MOTION TO COMPELARBITRATION -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 c...

Excerpt: ...iff moves to tax Defendants' claimed costs. Defendants oppose Plaintiffs motion. Code of Civil Procedure section 1033.5, subdivision (a) sets forth items that are allowable as costs. Allowable costs under Section 1033.5 must be "reasonably necessary to the conduct of this litigation rather than merely convenient or beneficial to its preparation" and "reasonable in amount" (Code Civ. Proc„ S 1033.5, subds. (c)(2), "Items not mentioned in [Sectio...

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 parv is such that a preference is necessary to prevent prejudicing the party's interest in the litigation". (Code Civ. Pro...

Excerpt: ...ccurred on Cross-Complainants' premises. Cross Complainants then filed a Cross-Complaint against Cross-Defendants Aram Alajajian and Alajajian Marcoosi Architects, Inc. (collectively, Cross-Defendants) asserting causes of action for indemnity and contribution. The First Amended Cross-Complaint (FAXC) is currently the operative pleading. Cross Defendants demur to the FAXC. Cross-Complainants oppose the demurrer. Cross- Defendants reply. Foremost: ...

Excerpt: ...gligence, (2) Negligence Per Se, (3) Negligent Infliction of Emotional Distress (NIED), and (4) Violation of Business and Professions Code section 17200 et Seq. Plaintiff opposes the demurrer. Bird replies. REQUEST FOR JUDICIAL NOTICE Under Evidence Code section 451, "Li]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 describ...

Excerpt: ...al building. Defendants Douglas Emmett 1998, LLC and Mitsubishi Electric US, Inc. (Moving Defendants) move to strike Plaintiffs claim for punitive damages and related portions of the First Amended Complaint (PAC). Plaintiff opposes the motion. Defendants reply. 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., S ...

Excerpt: ...023, to March 21, 2023, to allow Defendant time to ensure that proper notice of the instant motion was given to Plaintiff. (See Minute Order January 24, 2023.) The Court ordered Defendant to provide notice of continued hearing and serve moving papers on David S. Lamonica, Esq. and Southern California Attorneys, APC, both counsel associated with Plaintiff. (See Minute Order January 24, 2023.) On February 1, 2023, Defendant filed with the Court not...

Excerpt: ...der to excuse Plaintiff from having to respond to Request for Admissions, set one (RFA), which Defendant served on Plaintiff. Defendant opposes the motion. Plaintiff replies. On March 7, 2023, the original hearing date for the instant motion, the Court continued the hearing to March 21, 2023 to allow time for Plaintiff to file a supplemental reply to Defendant's untimely opposition filed on March 7, 2023, and for the Court to review and consider ...

Excerpt: ...failure to state facts sufficient to constitute causes of action for general negligence, personal injury and premises liability. 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 construeO" the allegations of the complaint. (Code CIV....

Excerpt: ...en filed a Cross-Complaint agamst Cross-Defendants Hannah Gutiérrez-Reed, David Halls, Seth Kenney, PDQ Arm and Prop, LLC, and Sarah Zachry (collectively, Cross-Defendants). Cross Defendant David Halls (Halls) demurs to the second and third causes of action in the Cross Complaint for equitable indemnity and equitable contribution. Halls further moves to strike Baldwin's second and third causes of action, as well as his prayer for pumtive damages...

Excerpt: ...tiff Chevette Pugh (PlaintifO has filed a notice of non-opposition and no other parry has filed an opposition to the motion. 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. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) California Rules...

Excerpt: ...ndant Franklin Austin Dunkley (Defendant) has not filed an opposition to the motion. ANALYSIS Code of Civil Procedure section 464, subdivision (a) provides: "[t]he plaintiff and defendant, respectively, may be allowed, on motion, to make a supplemental complaint or answer, alleging facts material to the case occurring after the former complaint or answer." (Code Civ. Proc„ S 464, subd. A supplemental pleadmg is a mechanism used in order to asse...

Excerpt: ...ntion takes place when a nonparty, deemed an intervenor, becomes a party to an action or proceeding between other persons by doing any of the following: (1) Joining a plaintiff in claiming what is sought by the complaint[;] (2) Uniting with a defendant in resisting the claims of a plaintiff[; or] (3) Demanding anything adverse to both a plaintiff and a defendant.” (Code Civ. Proc., § 387, subd. (b).) “A nonparty shall petition the court for ...

Excerpt: ... (Allied) as Doe 2. Allied demurs to Plaintiff's Complaint which alleges negligence and premises liability causes of action against Allied. Plaintiff has filed a statement of non-opposition. Allied replies. 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 con...