Excerpt: ...ignating Yong Chen as Doe 1. Trial is set for September 18, 2018. 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 facts sufficient to constitute a cause of action ag...

Excerpt: ...he instant demurrer to the Complaint. No opposition has been filed. Plaintiff's complaint arises from a slip and fall incident at Defendant's apartment complex. Plaintiff was a tenant at Defendant's apartment. On November 6, 2014, Plaintiff slipped and fell in the exterior of the building because it did not have adequate lighting. Defendant's Demurrer Defendant demurs to the entire complaint. Defendant argues that the Complaint is subject to demu...

Excerpt: ...ccurred on August 14, 2014. On January 23, 2018, plaintiffs filed a notice of settlement of the entire case. On April 23, 2018, plaintiffs filed a request for dismissal with prejudice. On May 24, 2018, plaintiffs filed expedited petitions to approve compromise of pending action of minors. LEGAL AUTHORITY CCP § 473(b) states, in relevant part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from...

Excerpt: ...<0013001400190011000300 03[ DISCUSSION Defendants request that the court enforce the subpoenas duces tecum served on Blue Shield of California on January 8, 2018 and on Cedars Sinai Medical Center (Health Information Management), Cedars Sinai Medical Center (Radiology), Cedars Sinai Medical Center (Medical Records Department — Bills), Cedars Sinai Medical Care Foundation (Billing), UCLA Health Systems (Medical Records), UCLA Health Systems (Rad...

Excerpt: ...ver of a Ford Ranger and that defendants were the owners of property located in Rosamond, CA and six horses. On February 1, 2017, plaintiff's vehicle was involved in a collision with the horses. On April 13, 2017, plaintiff filed a FAC. Trial is set for October 1, 2018. DISCUSSION Plaintiff requests an order compelling nonparty Solomon Torres (“Torres”) to appear and testify at a deposition. Plaintiff also requests sanctions against Torres an...

Excerpt: ...n a slip and fall that occurred on September 13, 2015. She alleged that she slipped on an unknown substance. On April 26, 2018, plaintiff filed a FAC, alleging that she slipped and fell on liquid from an ice bag, which had leaked onto the floor of the grocery store. On July 24, 2018, defendant Schur Packaging Systems, Inc. filed a cross-complaint for implied indemnity, express contractual indemnity, contribution, and declaratory relief. Trial is ...

Excerpt: ...led a First Amended Complaint (“FAC”) alleging three causes of action for negligence, premises liability, and battery. On June 21, 2018, Defendant filed the instant demurrer to the negligence and premises liability causes of action. On July 17, 2018, Plaintiff filed an opposition. On July 24, 2018, Defendant replied. Plaintiff's FAC arises from the assault and battery of Plaintiff by defendant Jeffrey Gallegos (“Gallegos”). Plaintiff alle...

Excerpt: ...ent 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 facts sufficient to constitute a cause of action against that defendant.” A motion for judgment on the pleadings “has the purpose and effect of a general demurrer.” Smiley v. Citibank (s.D.), N.A. (1...

Excerpt: ...inued the hearing on the motion and OSC re status of bankruptcy to March 8, 2017. At the hearing on November 9, 2016, the court found that the bankruptcy stay was still in effect. On March 8, 2017, the court found that defendant was still in involved in a bankruptcy proceeding, and continued the hearing to September 12, 2017. On September 12, 2017, the court continued the hearing to January 23, 2018. <0047000300570052000300 0003001500130014001b>....

Excerpt: ...set for March 5, 2019. DISCUSSION Defendants request an order compelling plaintiff Hisato Masuyama to appear for an independent medical examination with orthopedic surgeon Dr. Stephen Kay, on August 7, 2018, at 11:00 a.m. Defendants further seek sanctions against plaintiff's counsel in the amount of $1,185. Under CCP § 2032.220(a), “[i]n any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physi...

Excerpt: ...February 20, 2018, plaintiff Sean Phillips filed a complaint against defendants Ernesto Feliciano Villar, United Med Transportation, and United Med Transportation Inc for Erica Doyon for motor vehicle negligence based on an incident that occurred on February 22, 2016. Trial is set for August 20, 2019. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for...

Excerpt: ...aintiff filed an amendment designating MV Transportation as Doe 1. On September 20, 2017, the FSC was not held. The minute order reflects that a notice of settlement of entire case would be filed by October 4, 2017. An OSC re dismissal was set for November 29, 2017. Based on a declaration from plaintiff's counsel, the OSC re dismissal was continued to December 27, 2017. On December 27, 2017, the OSC hearing was continued to March 28, 2018. On Mar...

Excerpt: ...r vehicle accident on April 13, 2016, on the westbound 60 freeway in Pomona. Trial is set for March 15, 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 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 be filed at any time before the court has set a date for t...

Excerpt: ...8, the court granted defendants' motions to compel plaintiff to serve discovery responses and to appear for his deposition. On June 15, 2018, the court granted plaintiff's counsel's motion to be relieved as counsel. Trial is set for August 16, 2018. DISCUSSION Defendants request that the court impose terminating sanctions against plaintiff for his failure to comply with the court's order dated May 8, 2018. If a party fails to comply with a court ...

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: ...nment of fault under comparative negligence against defendant Agnew. Trial is set for August 28, 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 continuance of the date set for trial, whether contested or uncontested or stipu...

Excerpt: ...d. BACKGROUND On December 1, 2016, plaintiff Louie Sodaro filed a complaint against defendants Deborah Ann Bean, Vista Plaza Management Co., Inc., Vista Plaza, and Papa John's Pizza for motor vehicle negligence and premises liability. Trial is set for October 2, 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...

Excerpt: ... plaintiffs filed a Request for Dismissal, dismissing the entire action with prejudice. LEGAL AUTHORITY CCP § 473(b) states, in relevant part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a . . . dismissal . . . taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief . . . shall be made within a reasonable time, in n...

Excerpt: ...tions 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 that party to respond to the initial pleading. . . . The cour...

Excerpt: ...int against Roes 1 through 50. On July 20, 2017, plaintiffs filed a FAC. Trial is set for October 9, 2018. 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 be filed at any time before the court has set a date for tria...

Excerpt: ...indsey Abbott (“Abbott”) for negligence, premises liability, negligence – motor vehicle, and negligent entrustment based on a motor vehicle accident in a parking structure. On November 23, 2016, Defendants Shepherd and Valley filed a cross-complaint against T.B. Penick & Sons, Inc. (“TB Penick”) for indemnification, apportionment of fault, and declaratory relief. LEGAL STANDARD The purpose of a motion for summary judgment or summary adj...

Excerpt: ...fendant”) filed a demurrer to the initial complaint. On April 2, 2018, the Court sustained Defendant's demurrer with leave to amend, holding that the boilerplate allegations of negligence and premises liability were insufficient. On April 26, 2018, Plaintiff filed a First Amended Complaint, alleging general negligence and premises liability. On May 30, 2018, Defendant filed a demurrer to the FAC. On June 15, 2018, Plaintiff late-filed an opposi...

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...

Excerpt: ... January 11, 2017, Plaintiff's counsel filed a motion to be relieved, which <001a001100030003003300 00b60056000300460052[unsel was not relieved until November 7, 2017 after counsel filed proof of service of the signed order on MC-053. On September 8, 2017, Defendant moved for summary judgment, but the proof of service was defective due to the failure serve Plaintiff's counsel, who had not been relieved at that point. On April 16, 2018, Defendant ...

Excerpt: ...terprises, Inc.) (“New Caney”), RCS Inc. (“RCS”) and Does 1-100 for premises liability and general negligence for injuries he allegedly sustained in an October 7, 2016 trip and fall. On October 13, 2017, New Cane filed a cross-complaint for implied indemnity, comparative contribution and declaratory relief against Roes 1-20. On November 14, 2017, RCS' default was entered. On April 23, 2018, plaintiff filed six “Amendment[s] to Complaint...