Excerpt: ...gnating Heil Tractor International, Co. as Doe 1. 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), re...

Excerpt: ...ice by mail of a copy of the application and notice of hearing on all parties who have appeared in the case and on the State Bar of California at its San Francisco office, with payment of a $50.00 fee, so long as that attorney is not a resident of the State of California, and is not regularly engaged in substantial business, professional, or other activities in the State of Califomia. The application must state: (1) the applicant's residence and ...

Excerpt: ...��To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Under CRC Rule 3.1332(b), “A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this di...

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: ...dant Khaled Karame dba Malibu Yellow Cab. On January 19, 2018, the court granted defendant Khaled Karame dba Malibu Yellow Cab's motion for an order deeming admitted the matters in defendant's Requests for Admission, Set One, against plaintiff. 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 the...

Excerpt: ...spondent superior, negligence per se, strict liability, violation of SDCC § 62.601, and violation of Food and Ag. Code § 31601. Plaintiff alleges that on April 27, 2017, he was walking back to the Tender Dock to get back on his boat. As he was walking down Catalina Pier with his dog on a leash, he and his dog were viciously attacked by two pit bulls and owned and cared for by defendants Turner and Weston. Plaintiff alleges that the dogs involve...

Excerpt: ...dant”) filed a demurrer to the first, second, and fourth causes of action alleged against it, arguing that Plaintiffs' sole remedy is Worker's Compensation and the complaint is thus barred against it. Plaintiff filed a notice of non-opposition on May 10, 2018. Plaintiffs' complaint arises from injuries Feliciano suffered from an explosion while working for Defendant. (Compl. ¶ 10.) LEGAL STANDARD A demurrer can be used only to challenge defect...

Excerpt: ...g, Jose Oquedo, 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 ...

Excerpt: ... 387(d)(1) or (d)(2) (formerly 387(a)), State Farm requests leave to file an answer in intervention on behalf of its insured Shau Chang Yee. 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 rela...

Excerpt: ...ovina. On September 26, 2013, plaintiff filed the proof of service of the summons and complaint, stating that defendant Midvalley was served at 13050 E. Valley Blvd, Ste 205, La Puente. On July 29, 2014, defaults were entered against Arturo Campos and Midvalley Yellow Cab Transportation, Inc. 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, ...

Excerpt: ...17, pursuant to stipulation and order, the trial date was continued from March 13, 2017 to October 23, 2017. On September 13, 2017, on an ex parte application, the court continued the trial date to April 30, 2018, along with all discovery dates. On February 22, 2018, pursuant to stipulation and order, the trial date was continued to June 28, 2018. On April 20, 2018, defendant filed a motion for summary judgment, set for hearing on July 26, 2018. ...

Excerpt: ...ed a complaint against defendants Joanne Ruth Sellar and Ocho Films Inc. for motor vehicle negligence. Trial is set for July 17, 2018. 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 no responses have been s...

Excerpt: ... plaintiffs' vehicle, in which they were passengers. LEGAL STANDARD Before a suit for damages may be filed against a public entity, a claimant must present a timely written claim to the public entity and the claim must have been acted upon by the board or deemed rejected. Gov. Code §945.4; Munoz v. State of Cal. (1995) 33 Cal. App. 4th 1767, 1777. A claim relating to a cause of action for injury to person or personal property must be presented t...

Excerpt: ...018, Defendant Norwalk Auto Auction (“Defendant”) filed a demurrer to each cause of action. Plaintiff filed an opposition on May 11, 2018. Plaintiff's complaint alleges that on October 28, 2014 he was at 12405 Rosecrans Ave. Norwalk California 90604 (the “Premises”), owned by Defendant. (Compl. ¶¶ 5- 8.) While at the premises, Defendant's employee negligently struck Plaintiff in the head with a metal bar. (Compl. ¶ 8.) This caused a se...

Excerpt: ...it her while she was lawfully on the sidewalk in front of 1043 S. Herbert Avenue, Los Angeles, moving along the sidewalk in her wheelchair. On February 6, 2018, the court granted Beatriz Soto's motion for leave to file third party cross-complaint against City of Los Angeles. Trial is set for February 13, 2019. LEGAL STANDARD CCP § 428.50 states, “(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cro...

Excerpt: ... for wrongful death, medical malpractice, and IIED. 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), ...

Excerpt: ...nued from May 17, 2018 to August 16, 2018. LEGAL STANDARD Actions in which the amount in controversy is $25,000 or less are classified as limited jurisdiction cases. CCP § 86(a)(1). CCP § 403.040 provides, in relevant part: “(a) The plaintiff . . . may file a motion for reclassification within the time allowed for that party to amend the initial pleading. The defendant . . . may file a motion for reclassification within the time allowed for t...

Excerpt: ...43 were consolidated. On February 15, 2018, Insurance Co. of the West filed a subrogation complaint against Clay Dunn and Rodriguez for workers compensation reimbursement based on the same incident. On March 6, 2018, plaintiff Mario Gonzalez filed a complaint against Paul Rodriguez and Clay Dunn for motor vehicle negligence based on the same incident. A notice of related case was filed on April 25, 2018. LEGAL STANDARD CCP § 1048 states: “When...

Excerpt: ...ant to stipulation and order, the trial date was continued from August 29, 2017 to December 1, 2017. On November 20, 2017, at the FSC, the trial date was continued to June 12, 2018. LEGAL STANDARD Pursuant to CRC Rule 3.1332(a), “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Under CRC Rule 3.1332(b), “A party seeking a c...

Excerpt: ...iff's complaint arises from a car accident where an on-duty LAPD officer rear ended Plaintiff's vehicle. Defendant's Demurrer to the Complaint Defendant demurs to the negligence cause of action. It argues that Plaintiff failed to comply with the Government Claims Act requirement of pre-suit claims presentation. Further, Defendant requests judicial notice of Plaintiff's government claims application submitted on February 16, 2017, over six months ...

Excerpt: ... defendant LA County MTA for motor vehicle negligence based on an incident that occurred on January 17, 2017. On November 15, 2017, plaintiff filed a First Amended Complaint. Trial is set for November 30, 2018. 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 ...

Excerpt: .... Trial is set for January 17, 2019. DISCUSSION Defendants request that the court impose terminating sanctions against plaintiff for her failure to comply with the court's order dated January 25, 2018. If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. CCP § 2025.450(h) (depositions); § 2030.290(c) (interrogatories)...

Excerpt: ...ril 30, 2018, the court deemed related BC651890 with BC653486. BC653486 On March 6, 2017, plaintiff Majid Sarafzadeh filed a complaint against defendants Steven Monk, Douglas Takaragawa, and Shabnam Tajmiri for motor vehicle negligence based on the same incident. LEGAL STANDARD CCP § 1048 states: “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matter...

Excerpt: ...the I-10 westbound on or near the connector road for the I-605 southbound, in the City of Baldwin Park. On January 11, 2018, the court deemed related BC651127 with BC652094. BC652094 On February 27, 2017, plaintiff County of Los Angeles filed a subrogation complaint against defendants Thomas Peter Glowniak and Fleet Logic, LLC dba Velocity Truck Rental for motor vehicle negligence based on the same incident. On May 24, 2017, plaintiff filed an am...

Excerpt: ...8, defendants filed an answer. LEGAL STANDARD Plaintiff may demur to an answer on the ground of insufficient pleading of defenses. CCP §430.20. Under CCP section 431.30(g), every affirmative defense “shall be separately stated, and the several defenses shall refer to the causes of action which they are intended to answer, in a manner by which they may be intelligibly distinguished.” “The same pleading of ‘ultimate facts' rather than ‘e...