Excerpt: ...Enzo Digrazia, by and through his guardian ad litem, Patricio Digrazia, filed a complaint against defendants Lorenzo Garcia and Rosa Maria Garcia for negligence and premises liability based on an incident that occurred on July 27, 2015. On April 18, 2017, plaintiff filed a notice of settlement of entire case. DISCUSSION Plaintiff requests an order substituting plaintiff's guardian ad litem, Patricio Digrazia, for Norine Boehmer, CLPF. The decisio...

Excerpt: ...ing and opposition papers. BACKGROUND On December 22, 2017, plaintiff Joel Velazquez Montiel filed a complaint against defendants NBN Victory LLC, Aram Haroutune Arakelian, ARK Construction, Oscar Asghar Ensafi, and Approved Plans, Inc. for premises liability and negligence based on an incident that occurred on November 24, 2016. Plaintiff alleges that he was a neighbor or visiting a neighbor of the subject property. While he was passing near or ...

Excerpt: ...t liability, violation of statute, and negligence based on a dog bite incident on January 1, 2016. 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 pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of t...

Excerpt: ...n an incident that occurred on November 20, 2012. On August 14, 2015, the court dismissed the case without prejudice for failure to appear at trial based on attorney' mistake. On March 28, 2016, the court granted plaintiff's motion to set aside dismissal. On August 5, 2016, defendants Jamie Polito, M.D. and The Regents of the University of California (erroneously sued as UCLA Medical Group and UCLA Health) filed an answer. On December 9, 2016, de...

Excerpt: ...ses liability and negligence based on a trip and fall incident. 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, subdi...

Excerpt: ...upian for motor vehicle negligence based on an incident that occurred on October 5, 2016. Trial was continued to October 29, 2018. LEGAL STANDARD There is a special two-step procedure for securing disclosure of peace officer personnel records. Warrick v. Superior Court (City of Los Angeles Police Dept.) (2005) 35 Cal. 4th 1011, 1019. First, the party seeking disclosure must file a motion that identifies the peace officer, the agency in possession...

Excerpt: ...on an incident that occurred on April 16, 2016. On May 21, 2018, City of Los Angeles filed a cross-complaint against Mary Guidry. On July 10, 2018, plaintiff filed an amendment designating Andrew Begg as Doe 1. 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 3.13...

Excerpt: ...quest for dismissal as to defendant Nunez. 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 ...

Excerpt: ...nd battery against Does 11-15. On September 1, 2016, plaintiff filed an amendment designating Sergio Pena as Doe 1. LEGAL STANDARD CCP § 438 states, in relevant part: “(b)(1) A party may move for judgment on the pleadings. . . . (c)(1) The motion provided for in this section may only be made on one of the <0003005300440055005700 00480049004800510047[ant, that either of the following conditions exist: . . . . (ii) The complaint does not state f...

Excerpt: ...17, plaintiff Frank Bryan filed a complaint against Willowbrook LLC for wrongful death. Plaintiff alleges that on October 10, 2016, his father, Glenn Ryan, died as a result of a slip and fall on a staircase on May 27, 2015 at The Willowbrook Apartments located at 1150 Pedro Street, in San Jose. The death certificate states that the cause of death was “sequalae of blunt force trauma of neck.” The complaint named Patrick Bryant, a son of the de...

Excerpt: ...workers' compensation benefits paid to Plaintiff's employee. On, July 28, 2016, Plaintiff's employee Bruce Campbell was walking on the sidewalk and tripped when a metal door trapped his foot. Plaintiff alleges that the injuries were due to a dangerous condition of public property owned by Defendant. Defendant's Demurrer to the Complaint Defendant demurs to the entire complaint because Plaintiff failed to comply with the Government Tort Claims Act...

Excerpt: ...otion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. See Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915; People v. Prince (1968) 268 Cal. App. 2d 398. CRC Rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil form (MC-051)); (2...

Excerpt: ...xpress Trucking, Inc. for negligence, negligent hiring, retention, and supervision, negligent entrustment, negligence per se, and negligence pursuant to Vehicle Code §17150 based on a motor vehicle accident that occurred on May 27, 2015. DISCUSSION Defendants request that the court compel third party deponent Metro PCS to respond to <001b001100030003003700 00490052005500030053[roduction was set for June 15, 2018. On June 28, 2018, defense counse...

Excerpt: ...tion for summary judgment. On March 21, 2018, judgment was entered in favor of defendant. On May 2, 2018, defendant filed a memorandum of costs. LEGAL STANDARD “A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of dismissal,...

Excerpt: ...ion 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document . . . described in the deposition notice.” CCP § 2025.450(b) provides, “A motion under subdivision (a) shall comply with both of the follow...

Excerpt: ...via Lizarraga for motor vehicle negligence based on an incident that occurred on June 3, 2017. Trial is set for June 11, 2019. DISCUSSION Defendants request that the court quash the subpoenas served on Alliance United Insurance Services. 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 of a d...

Excerpt: ...inor Claimant, Gonzalo Salazar, (age 17) alleges he sustained injury as a pedestrian resulting from a two-car collision. The drivers of both cars are named as defendants. Minor Claimant alleges that he had sustained swelling and bruising of the brain requiring surgery, traumatic subdural hemorrhage, fractured temporal bone, fracture of left thumb, and subdural hematoma. On November 16, 2017, Minor Claimant, through his guardiam ad litem, Valeria ...

Excerpt: ...er 23, 2014 motor vehicle accident. None of the defendants filed a responsive pleading. On April 4, 2018, the Final Status Conference was taken off calendar after no appearances were made by or for either side; trial remained set for April 19, 2018. On April 19, 2018, the court ordered the case dismissed without prejudice pursuant to CCP § 581(b)(3) after no appearances were made for trial. LEGAL STANDARD “The court may, upon any terms as may ...

Excerpt: ...iability Based on Dog Bite Statute and (5) Premises Liability for injuries he sustained on or about September 21, 2016 after Defendants' dog allegedly attacked and bit him. Trial is set for October 4, 2018. LEGAL STANDARD When a party is seeking a good-faith settlement determination, “any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on t...

Excerpt: ...Acute Care LLC dba California Post Acute Care (erroneously sued as California Post Acute Care) (“Defendant”) filed a demurrer to the third cause of action for negligence and a motion to strike punitive damages and attorney's fees prayers. No opposition has been filed. Plaintiff's complaint arises from medical care she received from defendants following a motor cycle accident. On March 22, 2016, Plaintiff was involved in a motorcycle accident ...

Excerpt: ...tiff Kimberly Campbell, by and through her guardian ad litem, Alexander Campbell filed this action against General Motors Company, Arsev Inc., Chevrolet of Montebello, and Rally Auto Group, Inc. The first amended complaint alleges personal injuries, strict product liability, negligent products liability, and negligence. DISCUSSION Motion to Seal The court may order that a record be filed under seal only if it expressly finds facts that establish:...

Excerpt: ...en a motion to quash is properly brought, the burden of proof is placed upon the plaintiff to establish the facts of jurisdiction by a preponderance of the evidence.” (Aquila, Inc. v. Superior Court (2007) 148 Cal.App.4th 556, 568.) A summons is the means by which a court acquires personal jurisdiction over a civil defendant, and compels them to appear in court. (Mannesmann DeMag, Ltd. v. Superior Court (1985) 172 Cal.App.3d 1118, 1122.) A defe...

Excerpt: ...ed an amendment to complaint, substituting in Goldcoast Properties for Doe 1. On August 22, 2017, the court granted Defendant 1716 Main Street, LLC's ex parte application to continue the trial to April 3, 2018. On March 21, 2018, the court granted Plaintiff's ex parte application to continue the trial based on the parties' stipulation. The trial was continued to May 15, 2018. On May 1, 2018, at the Final Status Conference, the court granted the p...

Excerpt: ...��) and Defendant/Cross-Complainant Bimbo Bakeries USA (“Bimbo”). Bimbo filed a cross-action against Suarez, Quezada and AM Express Trucking Inc. The trial is currently set for August 23, 2018, with a motion to compel set for July 20, 2018. On June 7, 2018, Suarez and Quezada moved ex parte to continue the trial to December 17, 2018. The Court denied the ex parte application and required a noticed motion. On June 11, 2018, Suarez and Quezada ...

Excerpt: ... per se; and (3) statutory liability arising from a motor vehicle accident. DISCUSSION Defendants request an order compelling Plaintiff to appear at a deposition within 20 days of the hearing of this motion. CCP §2025.450(a) provides: “If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for i...