Excerpt: ...gainst defendant Los Angeles County Sheriff's Department for motor vehicle negligence based on an incident that occurred on January 25, 2017. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. CCP §2030.290(b). The statute contains no time limit for a motion to compel where <00030045004800030...

Excerpt: ...a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843. “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, ...

Excerpt: ...��) filed a demurrer to the complaint. Plaintiff filed an opposition on June 5, 2018. Defendant filed a reply on June 8, 2018. Plaintiff's complaint arises from alleged medical negligence stemming from the clearance for a biopsy in 2016. In 2012, Plaintiff began consulting a cardiologist Jay Schapira M.D. (“Dr. Schapira”) and Defendant for his heart health. On January 15, 2016, Plaintiff was evaluated by Dr. Schapira's nurse practitioner Nanc...

Excerpt: ... US Holdings, Inc., for premises liability and general negligence based on an escalator incident that occurred on January, 31, 2015 at Universal CityWalk. On March 17, 2017, plaintiff filed an amendment to the complaint to add defendant NBCUniversal LLC, herein named Universal City Studios, LLC. On April 23, 2018, pursuant to stipulation and order, the trial date was continued from July 9, 2018 to October 9, 2018. LEGAL STANDARD Pursuant to CRC R...

Excerpt: ...LEGAL STANDARD Where there has been no timely response to a CCP §2031.010 demand, the demanding party must seek an order compelling a response. CCP §2031.300. Failure to timely respond waives all objections, including privilege and work product. Thus, unless the party to whom the demand was directed obtains relief from waiver, he or she cannot raise objections to the documents demanded. There is no deadline for a motion to compel responses. Lik...

Excerpt: ...m. DISCUSSION Defendant Arthur William Ronnie requests that the court quash the deposition subpoenas for the production of business records issued by plaintiffs to University of California San Francisco Medical Center and R. Alan Shelton, M.D. CCP § 1987.1(a) states, “[i]f a subpoena requires the attendance of a witness or the production of books, documents, or other things before a court, or at the trial of an issue therein, or at the taking ...

Excerpt: ...sis test on the decedent, which resulted in his death on May 11, 2017. On January 30, 2018, plaintiff filed a first amended complaint that omitted the words “careless, reckless, unskilled, unlawful, tortious, wanton, and wrongful” from paragraph 10. On May 8, 2018, plaintiff filed a second amended complaint that added plaintiff Ileane Brones as a plaintiff. On May 17, 2018, plaintiffs filed the herein motion for preferential setting of trial ...

Excerpt: ...aintiff Daniela Koiman filed a complaint against defendants Kenneth Walker, Carlos H. Nunez, and Pablo Reyes Rios for motor vehicle negligence. On January 28, 2015, plaintiff filed a First Amended Complaint. On December 23, 2015, Pablo Reyes Rios filed a cross-complaint against Abel Garcia for apportionment and partial indemnity. On April 24, 2018, the court continued the hearing for the herein motion to June 14, 2018 to allow defendant Rios to p...

Excerpt: ...13, 2018. BACKGROUND On August 16, 2013, plaintiff Hugo Pablo Garcia filed a complaint against defendants Arturo Campos and Midvalley Yellow Cab Transportation, Inc. for negligence based on an October 28, 2012 incident, in City of West Covina. On March 26, 2015, a default judgment was entered against Arturo Campos and Midvalley Yellow Cab Transportation, Inc. for $150,810.36. On October 13, 2016, the court granted plaintiff's motion to amend judg...

Excerpt: ...a slip and fall on October 6, 2014. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843. “Code of Civil Procedure section 437c, subdivision (c), requires the tri...

Excerpt: ...ebruary 9, 2015. On July 10, 2017, plaintiff filed an amendment designating Kimberly Everett as Doe 2. On May 1, 2018, the court deemed related BC643585 and BC647389. LEGAL STANDARD CCP § 428.50 states, “(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint. (b) Any other cross-complaint may b...

Excerpt: ...Real Estate, and Option One Realty and Investments for negligence and strict liability based on a dog bite incident that occurred on May 8, 2014. On March 1, 2018, the court granted defendants Alonso Magallanes and Oscar Morales' motion for summary judgment. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whethe...

Excerpt: ...387(a)), Business Alliance requests leave to file an answer in intervention on behalf of its insured El Pescado Restaurant. CCP § 387(d) states: “(1) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) A provision of law confers an unconditional right to intervene. (B) The person seeking intervention claims an interest relating to the prope...

Excerpt: ...uedo, and Emilio Morales for survival action, loss of consortium, and wrongful death. Plaintiffs allege that on December 30, 2014, at approximately 3:00 a.m., Rafael Hernandez was operating his Freightliner Olympian truck on I-605. His truck was stopped in the number three lane behind other traffic, and behind an International truck owned by A & R Transportation. Defendant Morales was operating a Freightliner Century Class truck owned and operate...

Excerpt: ...Real Estate, and Option One Realty and Investments for negligence and strict liability based on a dog bite incident that occurred on May 8, 2014. On March 1, 2018, the court granted defendants Alonso Magallanes and Oscar Morales' motion for summary judgment. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whethe...

Excerpt: ...uedo, and Emilio Morales for survival action, loss of consortium, and wrongful death. Plaintiffs allege that on December 30, 2014, at approximately 3:00 a.m., Rafael Hernandez was operating his Freightliner Olympian truck on I-605. His truck was stopped in the number three lane behind other traffic, and behind an International truck owned by A & R Transportation. Defendant Morales was operating a Freightliner Century Class truck owned and operate...

Excerpt: ...eral negligence. Plaintiff alleges that on September 2, 2015, she went to Esther Lindstrom Elementary School to pick up her nephew's stepchildren. Plaintiff was required to come to the classroom once the bell rang. The bell rang at about 1:35 p.m., at which time the children from the whole school charged the gate as a mob, creating a dangerous condition for the parents and responsible adults who were present. Plaintiff had gotten about 15 feet in...

Excerpt: ... supervision, and retention, (2) negligent infliction of emotional distress, and (3) premises liability. On December 21, 2017, plaintiff filed an amendment designating Zonda Enterprises Inc as Doe 1. LEGAL STANDARD The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. CCP § 436(a). The court may also strike all or any part of any ...

Excerpt: ...ms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. CCP § 436(a). The court may also strike all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. CCP § 436(b). The grounds for a motion to strike are that the pleading has irrelevant, false or improper matter, or has not been drawn or filed in conformity with laws. CCP § 436...

Excerpt: ... September 2015, defendant's tools and facilities to perform manicures and pedicures on plaintiff were contaminated with an infectious fungus. She contracted a serious fungal infection in the nails of her fingers and toes that proved difficult and expensive to treat. On March 14, 2018, the court granted plaintiff's counsel's motion to be relieved as counsel Trial is set for January 22, 2019. DISCUSSION Defendant requests that the court impose ter...

Excerpt: ...negligence, premises liability, and loss of consortium based on a trip and fall incident that occurred on September 4, 2017. Trial is set for August 14, 2019. LEGAL AUTHORITY CCP § 36 states, in relevant part: “(a) 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 ...

Excerpt: ...2016, defaults were entered against defendants. On December 29, 2017, a default judgment was entered against defendants. LEGAL STANDARD “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” CCP § 473(d). CCP...

Excerpt: ...ant's attorneys of record, The Law Offices of McDowell Shaw Garcia & Mizell;  Defendant's attorneys may not disseminate any of plaintiff's attorney-client communications, including plaintiff's retainer agreement, to anyone including new counsel;  Mike Kowalski shall provide an under oath accounting of all of plaintiff's attorney-client communications in their possession within five days, including the description of the document, when it wa...

Excerpt: ... interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. CCP §2030.290(b). The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response...

Excerpt: ..., Inc., and Shawn Anthony Smith for (1) motor vehicle negligence, negligent entrustment, negligent hiring, negligent undertaking, negligent retention, negligent supervision, and negligent training, and (2) negligence per se. LEGAL STANDARD The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. CCP § 436(a). The court may also strik...