Excerpt: ...tiff appeared and indicated the parties were discussing settlement. The Court set the case for an OSC re: dismissal for 9/15/17. The OSC was continued twice at Plaintiff's request, to 12/15/17 and then 3/08/18. On 3/08/18, no party appeared, and the Court dismissed the case. At this time, Plaintiff moves to set aside the dismissal. Plaintiff's attorney declares the failure to appear at the OSC was due to a calendaring error in her office. The Cou...

Excerpt: ...entative ruling, which was adopted as the final ruling after hearing: Defendant seeks an order permitting Michael Caleb Meyer to appear as counsel pro hac vice in this action. The application fails to fully sati$' CRC 9.40. While the applicant establishes that he is licensed in the States of Colorado and Nevada, is in good standing, does not regularly work or live in CA, and has an associated CA attorney, Aaron S. Motschenbacher associated as cou...

Excerpt: ...se Counsel called Plaintiff's attorney's office to confirm the deposition, and was told Counsel would return the call; there was no return call, and Plaintiff did not appear for deposition the next day. At this time, Defendant moves to compel Plaintiff's deposition and seeks to recover sanctions. The motion to compel is granted. CCP §2025.450(a) requires the Court to grant a motion to compel deposition if a deponent failed to appear for a duly n...

Excerpt: ...f medical records necessary. Additionally, Defendant contends many of its employee witnesses are not available during the summer, because they are on vacation with their families, and therefore trial should be continued until September of 2018. Plaintiff concedes additional discovery concerning medical records is necessary, and indicates the parties have agreed to an IME on 4/28/18. Plaintiff does not oppose a brief trial continuance to complete ...

Excerpt: ...2017, plaintiff Babak Saidian (“Plaintiff”), filed a complaint against defendants Sedrak Ekimyan (“Ekimyan”), Tommy Express Car Wash (“TECW”) and Does 1 to 20 alleging causes of action for (1) negligence, (2) battery and (3) assault. The Court notes that while the first page of the complaint lists Plaintiff's causes of action as (1) negligence, (2) battery and (3) assault (Complaint p.1), the complaint later names battery as the first...

Excerpt: ...s, but failed to serve verifications. Defendant therefore filed a motion for terminating sanctions. The motion was originally set for hearing on 1/26/18. The Court has continued the hearing on the motion a total of four times to permit Plaintiff to provide proper verifications; Plaintiff has served verifications, but they are not in proper form. On 4/05/18, the Court continued the hearing on the motion for the fourth time; the Court continued the...

Excerpt: ...nt in connection with a laparoscopic partial gastrectomy revision and fundoplication procedure performed on Ms. Flores . At this time, Dr. Yi moves for summary judgment, contending he complied with the standard of care at all times, and nothing he did caused or contributed to Plaintiff's claimed damages. Dr. Yi was the anesthesiologist in connection with Plaintiff's surgery. Defendant supports his motion with the expert declaration of Garry Nitti...

Excerpt: ...ey can be consolidated. On 8/10/17, the Court deemed the cases related, such that they are ripe for consolidation at this time. CCP §1048 grants discretion to the trial courts to consolidate actions involving common questions of law or fact. The trial court's decision will not be disturbed on appeal absent a clear showing of abuse of discretion. A consolidation of actions does not affect the rights of the parties. The purpose of consolidatio...

Excerpt: ...er for punitive damages based on the allegation that Defendant was intoxicated at the time of the subject accident. 2. Motion to Strike At this time, Defendant moves to strike the prayer for punitive damages and related allegations. a. Law Governing Punitive Damages in the Context of Driving Under the Influence Allegations that a defendant exhibited a conscious disregard for the safety of others are sufficient to show malice. Taylor v. Superior C...

Excerpt: ...trike. Defendant correctly notes in her moving papers that there are no facts pled in the complaint to support the conclusion that Defendant acted with malice, fraud, or oppression in connection with the attack. Per Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6, a complaint seeking imposition of punitive damages must be supported by facts, as opposed to conclusions, concerning fraud, malice, and/or oppression. The motion to strike is there...

Excerpt: ...uiry, Defense Counsel indicated the deposition would not go forward. Plaintiff wrote and requested deposition dates, but Defendant did not respond. On 1/12/18, Plaintiff again noticed Defendant's deposition, this time for 2/09/18. On 2/08/18, again only in response to Plaintiff's attempt to confirm the deposition, Defense Counsel indicated the deposition would not go forward; again, no reason was stated. Plaintiff went forward with the deposition...

Excerpt: ...rising out of a slip and fall. Plaintiff filed her complaint on 11/10/15. Defendant filed its answer on 12/03/15. On 3/09/17, the Court granted Kmart's motion for leave to file a cross‐complaint against Kellermeyer Bergensons Services, LLC (“KBS”) for declaratory relief, indemnification, and related claims. 2. Motion for Judgment on the Pleadings At this time, Kmart seeks judgment on the pleadings on its cause of action for declaratory reli...

Excerpt: ...ere Plaintiff fell, and Pulmuone was handing out samples of dumplings at the store. Plaintiff's complaint contains causes of action for premises liability against H Mart and general negligence against H Mart and Pulmuone. H Mart and Pulmuone have each filed cross‐complaints against the other for indemnification and related claims. Plaintiff alleges she slipped and fell on one of the dumplings that had been served by Pulmuone and dropped by a cu...

Excerpt: ...party appeared. On 2/13/18, the Court called the case for trial. Again, no party appeared, and the Court dismissed the case. At this time, Plaintiff moves to set aside the dismissal. Plaintiff's attorney declares the failure to appear at the FSC and trial was due to a calendaring error in his office. The Court has discretion to vacate a dismissal under Cal. Code Civ. Proc. §473. The motion must be made within “a reasonable time,” not exceedi...

Excerpt: ...lled three people. Plaintiffs filed their complaint on 11/03/17. 2. Motion to Transfer Venue At this time, Honda moves to transfer venue to Stanislaus County, contending the accident took place in Stanislaus County. Honda contends Stanislaus County is the most convenient forum for the action. a. Initial Note Any opposition to the motion was due on or before 3/21/18. The Court has not received opposition to the motion. b. Inconvenient Forum Defend...

Excerpt: ...facts that defendant was negligent. See undisputed facts 5‐7 and Exhibits C and D to the Levy Declaration. The foregoing facts conclusively negate Plaintiff's sole causes of action against Ralphs for negligence and premises liability. Ralphs therefore met its burden to establish it is entitled to judgment as a matter of law on Plaintiff's complaint. Any opposition to the motion was due on or before 3/21/18. Plaintiff has not opposed the motion....

Excerpt: ...are provided in Counsel's declaration in support of the motion. The motion is denied for two reasons. First, the motion is set to be heard unreasonably close to the trial date. The trial date in the case is 5/14/18, and the FSC is scheduled for 5/02/18, approximately one month after the hearing on this motion. Unlike their clients, attorneys do not have an absolute right to withdraw from representation at any time with or without cause. Even wher...

Excerpt: ...e involved in the accident, and PV Holding is sued as the owner of the automobile and for negligently entrusting the vehicle to Leelakanti. Plaintiff filed this action on 10/26/16. On 6/20/17, he filed an application to serve the summons and complaint on Leelakanti via publication. On 6/28/17, the Court granted the order for publication. On 8/14/17, she filed proof of service of the summons and complaint on Leelakanti via publication. Motion to Q...

Excerpt: ...ling Plaintiff to sign an authorization to permit the Los Angeles Air Force Base to release Plaintiff's medical records. Defendant presents no relevant authority in support of the motion to compel Plaintiff to sign an authorization. In Miranda v. 21 st Century Ins. Co. (2004) 117 Cal.App.4 th 913, 918‐919, the plaintiff made an underinsured motorist's claim. The defendant commenced discovery, which revealed that the plaintiff had been treated f...

Excerpt: ...r at either deposition. At this time, Defendant seeks an order compelling Plaintiffs to appear for their depositions on a date certain. CCP §2025.450(b)(2) provides, “(2) The motion shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, by a declaration stating t...

Excerpt: ...nted Fletcher's Floors's motion for terminating sanctions on Plaintiff's complaint. However, a cross‐complaint remains pending between Fletcher's and Ralphs, such that Fletcher's remains an active party in this litigation. 2. Motion to Compel Independent Medical Examination a. Initial Note Opposition to this motion was due on or before 3/20/18. CCP §1005(b). The Court has not received any opposition to the motion. b. Merits Defendant has propo...

Excerpt: ...y that occurred at a party. Plaintiff's operative First Amended Complaint includes a cause of action for “intentional tort” against the Carrier Defendants. The substantive allegations of the cause of action are as follows: Chad Carrier and Gail Carrier owned, owned, managed and controlled a single family dwelling at 521 Via Del Monte, Palos Verdes Estates, CA 90274, wherein the following occurred, took place, and/or at which said defendants: ...

Excerpt: ...nclude allegations of negligence per se and gross negligence or willful misconduct. The Court is inclined to sustain the demurrer to the fourth and fifth causes of action without leave to amend unless Plaintiff can make an offer of proof at the hearing on how the complaint can be amended to state a claim under Vehicle Code sections 14606 and 14604. The Court is also inclined to grant the motion to strike the prayer for punitive damages without le...

Excerpt: ...s On December 22, 2017, plaintiff Carmen Reyes (“Plaintiff”), filed a complaint against defendant City of Monterey Park (the “City”) and Does 1 to 50. On February 2, 2018, Plaintiff filed a first amended complaint (“FAC”) alleging a cause of action for (1) negligence (2) premises liability, (3) negligence (Gov. Code sections 815.4 and 815.6) and (4) dangerous condition of public property. The first and second claims are alleged agains...

Excerpt: ... Further Responses a. History of Discovery Dispute Defendants, Welch and Ramirez propounded form interrogatories and RFAs on Plaintiff on 9/29/17. Plaintiff served responses, which Defendant believed were insufficient. Defendant made an attempt to meet and confer with Plaintiff, who promised to amend/supplement the responses. Plaintiff did so on 1/08/18. However, Defendant continued to believe the responses were insufficient, and again attempted ...