Excerpt: ...edical Group of California, APC and Bahman Mehdizadeh, M.D. (collectively, “Defendants”) based on wrongful death. Plaintiffs allege Defendants' acts or omissions during Defendants' care and treatment of Isaac Stiny caused his death. Defendants demur to second and third causes of action in Plaintiff's first amended complaint (“FAC”). Defendants also move to strike portions of the FAC related to Plaintiffs' prayer for prejudgment interest. ...

Excerpt: ...t 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 Ami Ranani, O.D. in Support of Opposition to Motion for Summary Judgment 3. Declaration of Mason Rashtian in Support of Opposition to Motion for Summary Judgment 4. Objections to Evidence Offered by Defendants 5. Plaintiff's Response t...

Excerpt: ...s, Artur Solis, or Michael Shiolot have filed an opposition to the motion. ANALYSIS Per the Code of Civil Procedure, “[a]n intervention 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 anythi...

Excerpt: ... and seek to enforce that waiver. Plaintiffs oppose the motion. ANALYSIS “The right to a trial by jury as declared by Section 16 of Article I of the California Constitution shall be preserved to the parties inviolate.” (Code Civ. Proc., § 631, subd. (a).) A party may nevertheless waive a jury trial in a number of ways, including, but not limited to, by written consent filed with the clerk or judge, by oral consent, in open court, entered in ...

Excerpt: ...nocked over by an unknown individual. Defendant Los Angeles Rams, LLC (“Defendant”) moves the Court for orders compelling Plaintiff to provide further responses to the following discovery requests: 1. Special Interrogatories, Set 2, Propounded to Plaintiff a. Propounded: November 30, 2020[1] b. Responded: February 8, 2021 c. Motion Filed: March 26, 2021 2. Requests for Production of Documents, Set 2, Propounded to Plaintiff a. Propounded: Nov...

Excerpt: ...f opposes the motion. ANALYSIS 1. STANDARD - MOTION FOR JUDGMENT ON THE PLEADINGS 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).) “Like a demurrer, the grounds for the motion [for judgment on the pleadings] must appear on the face of the challenged pleading or from any matter of which the court is required to take judic...

Excerpt: ... injuries Fausto alleges he sustained when he fell from scaffolding while performing plastering work at Arizaga's home. Grande filed a cross-complaint against Fausto and Arizaga for claims of fraud and indemnity. Fausto demurs to first and second causes of action in Grande's cross-complaint. Fausto also moves to strike portions of the cross- complaint. Grande opposes the motion and demurrer. Fausto replies to the opposition. ANALYSIS 1. DEMURRER ...

Excerpt: ...d 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(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 ...

Excerpt: ...isputed 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 the alternative Summary Adjudicat...

Excerpt: ... explosion and fire in an electrical vault owned and controlled by Defendant. Defendant moves to strike paragraphs 10-17 of Plaintiff's first amended complaint (“FAC”). 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 t...

Excerpt: ...atter. Defendant Shelley, LP has not filed an opposition to 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 respe...

Excerpt: ...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.” (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: ...lcohol and Drug Abuse, and Tacos Baja, Inc. (“Baja”) (collectively, “Defendants”) based on injuries Plaintiff alleges he sustained in a physical altercation with Dandy. Baja demurs to the third and fourth causes of action in Plaintiff's complaint as alleged against Baja. 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, In...

Excerpt: ...�Singh”) from testifying at trial. Plaintiff opposes the motion. ANALYSIS Under Code of Civil Procedure section 2034.280, “[w]ithin 20 days after the exchange described in Section 2034.260, any party who engaged in the exchange may submit a supplemental expert witness list containing the name and address of any experts who will express an opinion on a subject to be covered by an expert designated by an adverse party to the exchange, if the pa...

Excerpt: ... Declaration of Lauren E. Raya in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Kenneth Provost in Opposition to Defendant's Motion for Summary Judgment 3. Plaintiff's Response and Objections to Defendant's Separate Statement of Undisputed Material Facts and Supporting Evidence REPLY PAPERS: 1. Reply to Plaintiff's Opposition to Motion...

Excerpt: ...n 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 of Issues 6. Separate Statement of ...

Excerpt: ... the fourth cause of action against Carter in Plaintiff's complaint. Plaintiff has not filed an opposition to the demurrer. Carter 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 ...

Excerpt: ...d Cross-Complainant Pawesome, LLC d/b/a Fetch! Pet Care, Inc. (“Pawesome”) moves to contest the good faith of the settlement. Goeckner opposes the motion. Pawesome replies to Goeckner's opposition. In its July 21, 2021 Minute Order, the Court continued the hearing on the motion to September 22, 2021, to permit Pawesome time to conduct limited discovery into two discrete issues: (1) Plaintiff's knowledge of Goeckner's potential proportionate l...

Excerpt: ...��City”) and County of Los Angeles Department of Medical Examiner-Coroner (collectively, “Defendants”) with prejudice. ANALYSIS First, Code of Civil Procedure section 1005 requires “written notice” of a motion including the date, time and location of the hearing on a motion. Equally important, a moving party's failure to serve the notice of motion and moving papers on a non-moving party violates the basic principles of procedural due pr...

Excerpt: ...auses of action in Plaintiff's 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 constructio...

Excerpt: ...endant Southern California Conference of Seventh-Day Adventist dba Olympic Korean Seventh-Day Adventist Church and driven by Defendant Kibae Kim before crossing the street and being struck by a vehicle driven by Defendant Macario Francisco Oxlas Hernandez and Owned by Defendant Juan Oxlas. Defendants have not filed an opposition to the motion. ANALYSIS Code of Civil Procedure section 36 provides in part: “A party to a civil action who is over 7...

Excerpt: ...r in the Alternative Summary Adjudication 3. Declaration of Vahik Avakian in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication 4. Declaration of Hermineh Avakian in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication 6. Compendium of Evidence in Sup...

Excerpt: ... Hall, Inc. or Cantwell-Anderson, Inc. (collectively, “Defendants”) have filed oppositions to the motion. ANALYSIS Per the Code of Civil Procedure, “[a]n intervention 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 p...

Excerpt: ...ifornia Permanente Medical Group (collectively, “Defendants”) failed to timely diagnose and treat Plaintiff's maple syrup urine disease. Plaintiff demurs to the twenty-sixth affirmative defense in Defendants' first 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 subdivisio...

Excerpt: ...and ordered each Plaintiff to pay monetary sanctions in the amount of $360. Defendant/Cross-Complainant Los Angeles County Metropolitan Authority (“Defendant”) opposes the motion. ANALYSIS Under Code of Civil Procedure section 1008, subdivision (a), “[w]hen an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order m...

Excerpt: ... collision. Intervenor for Aldrete, United Specialty Insurance Company (“Intervenor”), moves to strike portions of Plaintiff's complaint related to punitive damages. 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 s...

Excerpt: ...cember 28, 2020. Plaintiff 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 ...

Excerpt: ...l abuse. Plaintiff alleges she was sexually abused by another resident at a facility owned and operate by Defendant. Defendant demurs to third and fifth causes of action in Plaintiff's first amended complaint (“FAC”). Defendant also moves to strike portions of the FAC and Plaintiff's prayer for punitive damages, attorney fees, enhanced remedies, and treble damages against Defendant. Plaintiff opposes the motion and demurrer. ANALYSIS 1. DEMUR...

Excerpt: ...y (“Plaintiff”) sued Defendants Blue Barn Holdings, LLC (“Blue Barn”) and Aegis Treatment Centers, LLC (“Aegis”) (collectively, “Defendants”) for premises liability based on a slip-and-fall that occurred in a parking lot on property owned by Blue Barn and controlled and operated by Aegis. Plaintiff alleges he sustained injuries when he slipped and fell on a raised island in the parking lot due to inadequate lighting in the area. (...

Excerpt: ...dants. Plaintiff moves to quash the deposition subpoena Defendants served on Cox Enterprises/Cox Automotive dba Auto Trader (“Cox”). The subpoena seeks all documents and records pertaining to Plaintiff's employment with Cox. (Declaration of Michael Amaro, Exhibit A.) Defendants oppose 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, su...

Excerpt: ...ion. 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, and nature of the examination, as well as the identity and specialty of the person who will perform the examination. (Code Civ. Proc., § 2032.310.) The court must grant the motion if t...

Excerpt: ...on Karamanoukian, M.D., Raffy Leon Karamanoukian, M.D., Inc., Advanced Therapy Surgery Center, Inc. and Kare Plastic Surgery & Skin Health Center (collectively, “Defendants”) on December 12, 2020. Defendants oppose the motion. Defendants object to the motion because notice of the motion was never received by Defendants' counsel. Defendants advance the declarations of counsel for Defendants, Jami B. Tencati, (“Counsel”), Counsel's legal as...

Excerpt: ...hysical condition of the plaintiff is in controversy in a personal injury case, the defendant may obtain a physical examination of the plaintiff. (Code Civ. Proc., §§ 2032.020, 2032.220.) A defendant is permitted to one physical examination of the plaintiff in a personal injury action on demand. (Code Civ. Proc., § 2032.220, subd. (a).) If the defendant seeks to obtain an additional physical examination of the plaintiff, the defendant must obt...

Excerpt: ...the alternative; (3) an order compelling production of all CCTV video surveillance footage of the incident, or in the alternative; (4) an order that jury instructions concerning intentional destruction of evidence be given at trial. Defendant opposes the motion. Both parties request monetary sanctions. ANALYSIS “Spoliation is the destruction or significant alteration of evidence, or the failure to preserve property for another's use as evidence...

Excerpt: ...of Motion for Summary Judgment 5. Notice of Lodging and Lodging of Exhibit B in Support of Motion for Summary Judgment 6. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Steven Burres, M.D. in Support of Opposition to Motion for Summary Judgment 3. Declaration of Charles Lem in Support o...

Excerpt: ...ause of action in Plaintiff's first amended complaint (“FAC”) for elder abuse. Defendant also moves to strike portions of the FAC and Plaintiff's prayer for punitive damages. Plaintiff opposes the motion and demurrer. Plaintiff objects to Defendant's demurrer as untimely because Defendant was personally served on April 7, 2021, and Defendant's responsive pleading was thus within 30 days of that date. (Declaration of David E. Ramirez, ¶ 4, Ex...

Excerpt: ...ith Lester M. Zackler, M.D. (“Zackler”), on September 15, 2021. 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, and nature of the examination, as well as the identity and specialty of the person who will ...

Excerpt: ..., Bonanza Productions Inc., and Showtime Networks, Inc. (collectively, “Defendant”) based on injuries Plaintiff alleges he sustained when camera parts and/or accessories fell and struck Plaintiff on the head. Defendants moves to strike portions of Plaintiff's complaint related to alter ego liability and Plaintiff's prayer for punitive damages against Defendants in the complaint. Plaintiff opposes the motion. ANALYSIS Any party, within the tim...

Excerpt: ...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, or an order of t...

Excerpt: ...Decedent”) to arbitrate Respondent's elder abuse claims. Respondent opposes the motion. ANALYSIS “[T]he advantages of arbitration include a presumptively less costly, more expeditious manner of resolving disputes. It follows a party to a valid arbitration agreement has a contractual right to have its dispute with another party to the contract resolved quickly and inexpensively.” (Henry v. Alcove Investment, Inc. (1991) 233 Cal.App.3d 94, 99...

Excerpt: ...in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication of Issues 3. Appendix of Evidence in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication of Issues 4. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment, or in the Alternative Summary Adjudication of Issues OPPOSITION PAPERS: Plaintiff Janna Akopyan 1. Opposition to Motion for Summary Judgment...

Excerpt: ...iates, in the amount of $4185. Defendants oppose the motion. ANALYSIS Under Code of Civil Procedure section 1008, subdivision (a), “[w]hen an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different fac...

Excerpt: ...of three police officers. Defendant opposes the motion. ANALYSIS A party in a civil proceeding may gain access to peace officer personnel and citizen complaint records through the procedures established in Evidence Code sections 1043 and 1045. (See Haggerty v. Superior Court (2004) 117 Cal. App. 4th 1079, 1085.) Evidence Code section 1043 requires a written motion and notice to the governmental agency which has custody of the records sought, and ...

Excerpt: ...ts, set one (“RPD”). Defendant also moves to deem admitted matters specified in Requests for Admissions, set one (“RFA”), which Defendant propounded on Plaintiff. Defendant seeks monetary sanctions. Plaintiff has not filed oppositions to the motions. [1] ANALYSIS Pursuant to Code of Civil Procedure section 2031.300, subdivision (a), “[i]f a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a...

Excerpt: ...tor vehicle). On July 2, 2021, Plaintiff filed the four pending discovery motions. Plaintiff moves for orders compelling Defendant to provide responses to Plaintiff's 1) Request for Production of Documents, Set One (“RPD”), (2) Form Interrogatories, Set One (“FROG”), and (3) Special Interrogatories, Set One (“SROG”). In addition, the Plaintiff moves the Court for an order to deem all matters specified in Plaintiff's Request for Admiss...

Excerpt: ...oenas Defendant served on the following: Able Physical Therapy Corps; Able Physical Therapy/Billing Office; Albert Hakimian, MD; Elite Medical Clinic; Brotman Medical Anesthesia Group; A. Kevin Aminiam, MD; Martin Luther King Community Health Care; OrthoMed, LLC; Parkridge Private School; ProHealth Advanced Imaging; Medical Specialties Managers/Billing; Samimi Orthopedic Group; Coronis Health; San Vicente Surgery Center, LLC; Zulu Health/Billing;...

Excerpt: ...f Motion for Summary Judgment 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment BACKGROUND Plaintiff Gregory Davenport (“Plaintiff”) sued Defendant Sean Xie, M.D. (“Defendant”) for professional negligence. Plaintiff alleges he underwent spinal fusion surgeries performed by Defendant on February 8, 2018 and February 9, 2018. Plaintiff alleges Defendant performed the procedures negligently such tha...

Excerpt: ...liction of emotional distress. Mastro's filed a Cross-Complaint against Crabtree for (1) implied equitable indemnity, (2) contribution, and Declaratory relief. PPS filed a Cross-Complaint against Crabtree and Mastro's for (1) implied indemnity, (2) comparative indemnity, (3) declaratory relief, (4) equitable indemnity, and (5) contribution. Crabtree moves for a determination that the settlement between Plaintiff and Crabtree was made in good fait...

Excerpt: ...he motion. ANALYSIS 1. INSUFFICIENT FACTS TO CONSTITUTE A DEFENSE A plaintiff may demur to an answer if: “(a) The answer does not state facts sufficient to constitute a defense. [¶] (b) The answer is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible. [¶] (c) Where the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral.” (Code Civ. Proc., § 430...

Excerpt: ...nuary 20, 2021, Eyassu Hagos (“Hagos”) and Hagoshomes, LLC filed the Cross-Complaint against Erik D. Hepler; The Ellen Hepler Estate; Adriana Luna Hepler; Mark J Hepler; Shea M Hepler; Christopher Hepler; Kathryn L Hepler; Gary Nelson Hepler; Harry Hepler; Chris Hepler; Norma Hepler; Harry Hepler; Ty Hepler; Larry D. Mikelson; Ian A. Mikelson; Mikelson & Mikelson; Mark E. Swatik; Burkley, Brandlin & Swatick; and Roes 1 through 20. The Cross-C...

Excerpt: ...rk; (2) the words “Per Se” from Plaintiff's cause of action for negligence; (3) the words “traffic collision report”; and (4) all causes of action related to the motor vehicle collision. Defendants Young Jae Park, Hyae Sook, Sun Young Park, and David Seongdo Kim (collectively, “Defendants”) have not filed an opposition to the motion. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdiv...

Excerpt: ...rate the parties' claims. Respondent opposes the motion. ANALYSIS “[T]he advantages of arbitration include a presumptively less costly, more expeditious manner of resolving disputes. It follows a party to a valid arbitration agreement has a contractual right to have its dispute with another party to the contract resolved quickly and inexpensively.” (Henry v. Alcove Investment, Inc. (1991) 233 Cal.App.3d 94, 99–100 [cleaned up].) Thus, “on...

Excerpt: ...ur to Plaintiff's complaint as to Jamal and Saad. Defendants also move to strike portions of Plaintiff's complaint related to punitive damages. Plaintiff opposes the motion and demurrer. The Court notes that Defendants filed a combined demurrer and motion to strike. Instead, Plaintiff should have filed the demurrer and a separate motion to strike. The Court therefore will order Defendants to pay an additional $60 in filing fees. (Gov. Code, § 70...

Excerpt: ... second, fourth, and fifth causes of action in Plaintiff's complaint. Defendants also move to strike portions of Plaintiff's complaint related to punitive damages. 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, the court must “liberally con...

Excerpt: ...d PSIP Conejo Spectrum, L.P. (collectively, “Defendants”) based on injuries Plaintiff alleges she sustained while driving a go kart at Defendants' facilities. MB2 Defendants move to strike Plaintiff's prayer for punitive damages and attorney's fees from 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 ple...

Excerpt: ...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 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...

Excerpt: ...f Motion for Summary Judgment and/or Summary Adjudication 4. Notice of Lodgment in Support of Motion for Summary Judgment and/or Summary Adjudication 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment and/or Summary Adjudication BACKGROUND Plaintiff Brenda Lawrence (“Plaintiff”) sued Defendant Neil H. Bhayani, M.D. (“Defendant”), for medical malpractice. Plaintiff alleges Defendant was negligent i...

Excerpt: ... has not filed an opposition to 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...

Excerpt: ...vocacy Group, Inc. dba Cosmetic Dentistry Grants based on a medical malpractice. Homayun Defendants demur to the second cause of action in Plaintiff's complaint. Homayun Defendants also move to strike portions of Plaintiff's complaint related to punitive damages. 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. Safe...

Excerpt: ... Glendale Dialysis (“TRC”) (collectively, “Defendants”) for medical malpractice and wrongful death. Maria has since passed, and Plaintiff Roberto Bermudez (“Roberto”) continues the action as Maria's successor in interest. TRC demurs to the second cause of action in Plaintiff's third amended complaint for wrongful death by Roberto. Roberto opposes the demurrer. ANALYSIS “It is black letter law that a demurrer tests the legal sufficie...

Excerpt: ...collectively, “Defendants”) based on a vehicle-to-pedestrian collision. City demurs 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 complai...

Excerpt: ...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.” (Code Civ. Proc., § 877.6, subd. (c).) Additionally, a determination that a ...

Excerpt: ...or an order compelling Defendant to provide further responses to the following discovery request: Requests for Production of Documents and Inspection, Set 7, Propounded to Defendant  Propounded: May 7, 2021  Responded: June 8, 2021  Motion Filed: July 30, 2021 Defendant opposes the motion. PROCEDURAL REQUIREMENTS Informal Discovery Conference Per the First Amended Standing Order re Personal Injury Procedures at the Spring Street Courthou...

Excerpt: ..., 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; Declaration of Julian Smith 5. Amended Notice of Moti...

Excerpt: ...urt denied Plaintiff's motion to set aside the same order of May 27, 2021, under Code of Civil Procedure section 473, subdivision (b). Alyssa appears specially to oppose the motions. ANALYSIS A motion for reconsideration is brought pursuant to Code of Civil Procedure section 1008, subdivision (a). That section provides: When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or grante...

Excerpt: ...es that Respondent Allstate Northbrook Indemnity Company (“Respondent”) filed to produce proper discovery in an Underinsured Motorist Arbitration. Petitioner moves the Court for orders compelling Respondent to provide further responses to the following discovery requests: 1. Form Interrogatories, Set 1, Propounded to Respondent a. Propounded: January 11, 2021 b. Responded: March 16, 2021 c. Motion Filed: May 3, 2021 (Motion A) 2. Special Inte...

Excerpt: ...ua in Support of Motion for Summary Judgment 5. Index of Exhibits in Support of Motion for Summary Judgment 6. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities; 2. Declaration of K. Kevin Levian in Support of Opposition to Motion for Summary Judgment 3. Plaintiff's Separate Statement in Opposition to Motio...

Excerpt: ...ons of sexual misconduct. Defendants demur to the first through fifth causes of action in Plaintiff's complaint. Defendants also move to strike portions of Plaintiff's complaint related to punitive damages. 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 ...

Excerpt: ...se Quezada (“Plaintiff”). Deponent opposes the motion. ANALYSIS Code of Civil Procedure section 2025.480 provides, “[i]f a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production.” (Co...

Excerpt: ...rt of Motion for Summary Judgment 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment BACKGROUND Plaintiff Alyce Spahnn (“Plaintiff”) sued Defendants Steven Frankel, M.D. (“Frankel”), Cedars-Sinai Medical Center, Cedars Breast Center, Comprehensive Cancer Institute, Catherine Dang, M.D., Megan Crance, R.N., David Kulber, M.D., Karen Butler, M.D., and Emily Siegel, M.D. (collectively, “Defendants�...

Excerpt: .... Defendant demurs to the first through third causes of action in Plaintiffs' first amended complaint (“FAC”). Defendant also moves to strike portions of the FAC. Plaintiffs oppose 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, the court must “liberally ...

Excerpt: ...ollision. Funez moves for a stay of discovery pending the outcome of criminal proceedings. Plaintiffs oppose the motion. Funez replies to the opposition. The Court notes that Plaintiffs' opposition is not timely as it was filed seven days before the hearing date of the motion. (See Code Civ. Proc., § 1005, subd. (b); Cal. Rules of Court, rule 3.1300, subd. (a).) Funez has nevertheless filed a reply fully briefing the issues raised in Plaintiffs'...

Excerpt: ...ion of Documents, set one (“RPD 1”) and (2) Form Interrogatories, set one (“FROG”). Defendant Wash Multifamily Laundry Systems (“Wash”) moves to compel responses from Angela to (1) Special Interrogatories, set one (“SROG”) and (2) Request for Production of Documents, set three (“RPD 3”). Plaintiffs/Angela have not filed oppositions to the motions. ANALYSIS Pursuant to Code of Civil Procedure section 2030.290, subdivision (a), ...

Excerpt: ... for wrongful death. MV demurs to the first cause of action in Plaintiff's first amended complaint (“FAC”). MV also moves to strike portions of the FAC related to punitive damages. 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, the court ...

Excerpt: ...pposition to the motion despite Counsel for Plaintiffs' request to continue the hearing from July 27, 2021 to August 23, 2021 to permit Plaintiffs to file an opposition to the motion. Moreover, Plaintiffs' counsel was to provide notice of the Court's orders, but did not comply with the Court's orders. (See Minute Order of July 16, 2021.) ANALYSIS “A pending action or proceeding does not abate by the death of a party if the cause of action survi...

Excerpt: ...ummary Judgment 4. Declaration of Lauren E. Raya in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Amber Ibardolaza in Opposition to Defendant's Motion for Summary Judgment 3. Declaration of Abdon Ibardolaza in Opposition to Defendant's Motion for Summary Judgment 4. Objections to Defendants' Evidence Submitted in Support of Motion for ...

Excerpt: ...(1) Request for Production of Documents, set one (“RPD”); (2) Form Interrogatories, set one (“FROG”); (3) Special Interrogatories, set one (“SROG”). Defendant also moves to deem admitted the matters specified in Requests for Admission, set one (“RFA”), which Defendant propounded on Plaintiff. Plaintiff opposes the motions. The Court notes that Defendant filed one motion to compel responses to the RPD, FROG and SROG. Instead, Defen...

Excerpt: ... oppositions to the motion. ANALYSIS Per the Code of Civil Procedure, “[a]n intervention 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....

Excerpt: ...ageo. Dream demurs to Plaintiff's entire complaint. Dream also moves to strike Plaintiff's prayer for punitive damages. Plaintiff opposes the motion and demurrer. Dream 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 allegati...

Excerpt: ...rigo Francisco Manuel, Jose Vargas, Angel Vargas, Jr., Glendale Community College District (“District”), and Department of Transportation based on a multi-vehicle accident that lead to the death of Jennifer Goldsbury (“Decedent”). Plaintiffs oppose 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 r...

Excerpt: ...ose the motion. ANALYSIS Per Local Rule 3.3, subdivision (g), “Cases may not be consolidated unless they are in the same department. A motion to consolidate two or more cases may be noticed and heard after the cases, initially filed in different departments, have been related into a single department, or if the cases were already assigned to that department.” (Super. Ct. L.A. County, Local Rules, rule 3.3(g)(1).) Once the Court relates the ca...

Excerpt: ...ram”) pursuant to Code of Civil Procedure section 36, subdivisions (a). Plaintiffs initiated the action based on a vehicle-to-pedestrian collision. Defendant Lyft, Inc. (“Defendant”) opposes the motion. ANALYSIS Code of Civil Procedure section 36 provides in part: “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1...

Excerpt: ...of his home available for inspection by Plaintiff. The parties seek monetary sanctions. 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, tangible things, places or electronically stored information has been demanded, the party to whom the demand has been directed, and any other party or affected person, may promptly move for a...

Excerpt: ... of General Services based on Plaintiff's injuries sustained when his vehicle crashed into a light pole and the light pole fell onto his vehicle. City demurs to the first cause of action for general negligence, the second cause of action for premises liability, and the third cause of action for general negligence in the first amended complaint. Plaintiff opposes the demurrer. ANALYSIS “It is black letter law that a demurrer tests the legal suff...

Excerpt: ...l (“Souresrafil”) and Morteza Ahmadinejad (“Ahmadinejad”) pursuant to Code of Civil Procedure section 36, subdivision (a). Plaintiffs initiated the action based on a motor vehicle collision. Intervenor United Specialty Insurance Company (“United”) opposes the motion. Plaintiffs reply 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 th...

Excerpt: ... Dental (collectively, “Defendants”) based on professional negligence. Defendants demur to the second cause of action for breach of fiduciary duty in the first amended complaint. Plaintiff opposes the motion and 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 “libera...

Excerpt: ... were struck by a wheelchair ramp on a bus owned by Defendant. Plaintiff moves to quash the subpoena Defendant served on California Hospital Medical Center. Plaintiff seeks monetary sanctions. Defendant opposes the motion. Plaintiff replies to the opposition. ANALYSIS If a subpoena requires the production of documents, the court may quash the subpoena entirely or modify it. (Code Civ. Proc., § 1987.1, subd. (a).) In ruling on a motion to quash, ...

Excerpt: ... the motion. Upon the Court's own motion, the hearing on the instant motion set for July 9, 2021, was continued to August 18, 2021, to permit the parties time to file supplemental briefing on the issue of the timeliness of the motion and whether Defendant qualifies for equitable relief. 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, o...

Excerpt: ...fy Karamanoukian, M.D., Inc., and Kare Plastic Surgery and Skin Health Center (“Defendants”) committed professional negligence resulting in the death of Michelle Dykstra. Plaintiff moves the Court for an order compelling Defendants to provide further responses to the following discovery requests: Special Interrogatories, Set 3, Propounded to Defendants, Nos. 66-97 a. Propounded: May 6, 2020 b. Responded: November 6, 2020 c. Motion Filed: July...

Excerpt: ... of Motion for Summary Judgment 4. Defendants' 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. Objections to Defendants' Evidence in Support of Motion for Summary Judgment 3. Plaintiffs' Evidence in Opposition to Defendants' Motion for Summary Judgm...

Excerpt: ...d in discovery. Plaintiff Samantha McGowen 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 correcting a mistake in the name of a party, or ...

Excerpt: ...s of action in Plaintiffs' complaint. Defendant also moves to strike portions of Plaintiffs' complaint and Plaintiffs' prayer for attorney's fees. Plaintiffs oppose the motion and demurrer. ANALYSIS 1. PLAINTIFFS' OBJECTIONS Plaintiffs object to Defendant's demurrer and motion to strike on two grounds. First, Plaintiffs argue that Defendant failed to sufficiently meet and confer prior to filing the instant motion and demurrer. Under Code of Civil...

Excerpt: ...s allegedly sustained in a motor vehicle collision. Plaintiffs allege that Sharifi, while working as a driver for Uber, was speeding as he ran through a red light and causing his vehicle to be struck by another vehicle crossing the intersection. Plaintiff moves for summary adjudication of Uber's eighteenth, thirtieth, and thirty- first affirmative defenses. In these affirmative defenses, Uber contends it is not liable for Sharifi's negligence, if...

Excerpt: ... Plaintiff's cause of action for negligence; (3) the words “traffic collision report”; and (4) all causes of action related to the motor vehicle collision. Defendants Young Jae Park, Hyae Sook, Sun Young Park, and David Seongdo Kim (collectively, “Defendants”) have not filed an opposition to the motion. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “T he court may, in...

Excerpt: ...Civil Procedure section 473.5, the Court may vacate a default “[w]hen service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him.” (Code Civ. Proc., § 473.5.) The phrase “actual notice” means “genuine knowledge of the party litigant” and does not include imputed notice. (Tunis v. Barrow (1986) 184 Cal.App.3d 1069, 1077.) “Upon finding...

Excerpt: ...ary Judgment; Memorandum of Points and Authorities 2. Declaration of Michael J. Eilbert, M.D. in Support of Motion for Summary Judgment 3. Declaration of Jamie Hirsh in Support of Motion for Summary Judgment 4. Notice of Lodging and Lodging of Exhibits A-H in Support of Motion for Summary Judgment 5. Separate Statement of Undisputed Facts in Support of Motion for Summary Judgment OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Me...

Excerpt: ...xpeditious 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 resolved quickly and inexpensively.” (Henry v. Alcove Investment, Inc. (1991) 233 Cal.App.3d 94, 99–100 [cleaned up].) Thus, “on petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to th...

Excerpt: ... mental health services to Plaintiff Erica Marie Sabiniano (“Plaintiff”). Deponent opposes the motion. ANALYSIS Code of Civil Procedure section 2025.480 provides, “[i]f a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an or...

Excerpt: ...nts Hacienda La Puente Unified School District (“District”) and Erick Williams (“Williams”) (collectively, “Defendants”) based on allegations of sexual misconduct. District demurs to the fifth cause of action for breach of mandatory duty. District also moves to strike Plaintiffs' prayer for and references to treble damages against District. Plaintiff opposes the motion and demurrer. ANALYSIS 1. DEMURRER “It is black letter law that ...

Excerpt: ...Marian Harris (“Marian”) and Donna Harris (“Donna”) and (2) permitting any depositions in this case be conducted either virtually or in Los Angeles, California. Defendant opposes the motion. Both parties seek 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 f...