Excerpt: ...personal knowledge All remaining objections are OVERRULED. Plaintiffs argue that the Declaration of Richard Nalbandian is defective since it is not made under penalty of perjury, in violation of Cal Code Civil Procedure §2015.5 Defendant' counsel has cured the defect by filing a Notice of Errata, stating that the certification was inadvertently omitted. Demarest Declaration, ¶ 5. Defendant includes a properly certified declaration. The facts ot...

Excerpt: ... the motion for good cause shown to protect any party from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. Code Civ. Proc., § 2031.060. A trade secret is defined as any information or process, device or method that “derives independent economic value from not being generally known to the public” and is the subject of reasonable efforts to maintain its secrecy. Civ Code § 3426.1(d). Defendant submits the Dec...

Excerpt: ...pplication to exclude Defendant's experts. The court ordered that the deadline for expert discovery was 5/30/18. On 4/11/18, Defendant's counsel sent Plaintiff's counsel a letter offering dates for five of Defendant's experts. Opposition, Ex. A. On 5/7/18, Defendant's counsel offered additional dates. Defendant's conduct since 4/10/18 reflects an intent to complete expert discovery by the deadline of 5/30/18. An order compelling Defen...

Excerpt: ...'s objections, which are objections to Plaintiff's additional facts. Defendant does not cite to any evidence in particular cited by the Plaintiff. 2. Duty. Premises liability is a form of negligence, which involves the duty of a premises owner to exercise ordinary care in the management of the premises to avoid exposing others to an unreasonable risk of harm. Brooks v. Eugene Burger Management Corp. (1989) 215 Cal.App.3d 1611, 1619. The parties d...

Excerpt: ...ute despicable conduct carried on by Defendant with a willful and conscious disregard of the rights of others. Civ Code § 3294(a). This is the definition of “malice.” “Oppression” is defined as despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of a person's rights. Cal Civ Code § 3294(c). Plaintiff alleges two claims for strict liability as well as three other negligence claims. Since Plaintif...

Excerpt: ...hat she has suffered other damages such as lost earnings. Code Civ. Proc. § 403.040(b). The court can transfer to limited jurisdiction if “it becomes clear that the matter will ‘necessarily' result in a verdict below the superior court jurisdictional amount.” Walker v. Superior Court (1992) 53 Cal. 3d 257, 262. Plaintiff does not dispute that her economic damages are limited to medical expenses of $2,416.75. While Plaintiff states she cont...

Excerpt: ...uction of all records of incidents with injury and for property damage for Defendants' location from 2000 to the present. Motion, Ex. 1. The subpoena is overbroad and seeks information that is not relevant to this case. This case arises from a pedestrian v. automobile accident that occurred in Defendants' parking lot. The subpoena broadly requests information regarding “accidents or incidents with injury and/or property damage,” which would i...

Excerpt: ...ver, the court's orders do not state that the parties agreed to continue discovery cut-off based on the new trial dates. The initial trial date was 11/27/17.The court's last minute order of 4/25/18, does not indicate that discovery cut-offs were also continued. To the extent Plaintiff is asking to reopen discovery, the motion is DENIED since there is no evidence Plaintiff attempted to meet and confer. The motion is required to be accompanied by a...

Excerpt: ......

Excerpt: ...roc. 2025.450(b)(2). Plaintiff's counsel admits that as of 2/8/18, Defendant's counsel, Kamau Edwards, sent a letter notifying that the defense of the case was being transferred to Robert Mackey of Veatch Carlson, and therefore, the 2/13/18 deposition could not go forward. Motion, Ex. 5. Plaintiff's counsel represents that Mr. Edwards subsequently gave Plaintiff's counsel new dates for the deposition notwithstanding Mr. Edwards ju...

Excerpt: ...o Pharm. Corp. (1985) 163 Cal. App. 3d 396, 402. The course of Plaintiff's care and treatment provided by Defendant is undisputed. UF 1-10. There is no dispute that Defendant complied with the standard of care in providing care and treatment to Plaintiff. UF 11-13. No act or omission by Defendant caused or contributed to Plaintiff's claimed injuries. UF 14. Moving party is ordered to give notice. ...

Excerpt: ...ne Buyse. #2. Overrule. #3-8 Overrule. 2. Duty. Premises liability is a form of negligence, which involves the duty of a premises owner to exercise ordinary care in the management of the premises to avoid exposing others to an unreasonable risk of harm. Brooks v. Eugene Burger Management Corp. (1989) 215 Cal.App.3d 1611, 1619. Defendant has not established that she does not owe a duty to Plaintiff based on the lack of actual or constructive notic...

Excerpt: ...aul Zapata, as Plaintiff did not demonstrate that he was properly served with the Summons and Complaint, all as further explained below. The court's file reflects that on 12/13/17, Plaintiff filed this action against Francis Paul McDonald, only. On 2/16/18, Plaintiff filed Amendments to Complaint substituting Paul Zapata as Doe 1 and HRD Aero Systems, Inc. (“HRD”) as Doe 2. A motion to quash under Cal. Code Civ. Proc. § 418.10 is a proper pr...

Excerpt: ...icial Notice, Ex. 1. Defendants do not dispute the Plaintiff's age. Preference is mandatory under Cal. Code Civ. Proc. § 36(b) under these circumstances. Cal. Code Civ. Proc. §36(b). Accordingly the court intends to set trial for no sooner than six months and no later than nine months from the date the motion is granted, Cal. Code Civ. Proc. § 36(g). Nine months from the date of this motion is Sunday, 2/3/19. Moving party is ordered to give no...

Excerpt: ...s v. Superior Court (1984) 157 Cal. App. 3d 159, 166. The First Amended Complaint alleges negligence claims for premises liability and negligence. Plaintiff must allege malicious conduct, defined as “despicable” conduct that is “carried on by the defendant with a willful and conscious disregard of the rights or safety of others.” “Oppressive” conduct is regarded as “despicable conduct that subjects a person to cruel and unjust hards...

Excerpt: ...aim. Civil Code § 3295(c). In interpreting legislative history, the court has determined that a person's financial privacy is “paramount.” Jabro v. Superior Court (2002) 95 Cal.App.4th 754, 758. Under Jabro, in determining whether financial discovery is permitted, the court weighs the evidence and “make[s] a finding that it is very likely the plaintiff will prevail on his claim for punitive damages.” Id. A “substantial probability of p...

Excerpt: ...on based on the material facts asserted. Cal Code Civil Procedure § 437c(p)(2). OBJECTIONS Plaintiff's objections to Declaration of Darrell O. Clardy. OVERRULE. Declaration of Darrell O. Clardy. OVERRULE. Mr. Clardy's opinion that at any dosage, ingesting Xanax would not have been impairing on Defendant's ability to drive is not speculation or lacking in foundation. He opines as to the effects of a range of prescribed dosage: either a .25 mg, .5...

Excerpt: ... The unsworn responses are “tantamount to no responses at all.” Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 635-36. Untimely responses result in a waiver of objections. Cal Code Civil Procedure § 2030.290(a). Plaintiff's unverified response to Special Interrogatories included objections. Motion, Ex. B. Plaintiff is ordered to provide verified responses to all discovery without objections within 15 days. Cal Code Civ Procedure § 20...

Excerpt: ...r failing to respond until after Defendant was required to incur fees to file this motion. The discovery was served a year ago on Eugene Kim who apparently moved to a different firm. Plaintiff's counsel remains Eugene Kim. Accordingly, the court imposes sanctions of $480 against Plaintiff and counsel. Cal. Code Civ. Proc. § 2023.010(b)(1). Defendant's Motion Compelling Plaintiff, Mohammad Rizvi's Deposition Attendance; <0011000c0008000701e400 00...

Excerpt: ...ach Plaintiff's separate claim. Singer v. Superior Court (1999) 70 Cal.App.4th 1315, 1319–1320. The court can transfer to limited jurisdiction if “it becomes clear that the matter will ‘necessarily' result in a verdict below the superior court jurisdictional amount.” Walker v. Superior Court (1992) 53 Cal. 3d 257, 262. It must appear to a “legal certainty” that Plaintiff cannot recover more than the jurisdictional amount. Maldonado v....

Excerpt: ...r organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (Code Civ. Proc., § 2025.420(b).) Courts have considerable discretion in granting and crafting protective orders. (Raymond Handling Concepts Corp. v. Superior Court (1995) 39 Cal.App.4th 584, 588.) A court may quash a subpoena entirely or partially, and issue an order to protect parties, witnesses or consumers from unreasonable or oppressive ...

Excerpt: ...n ad Litem of the minor, for Plaintiff, Nicholas Daginis. Cal. Code Civ. Proc. § 473(a)(1). The claim is not abated by the Plaintiff's death, so long as the cause of action survives. Cal Code Civ Procedure § 377.21. The court “shall” allow a pending action that has not abated to be continued by the decedent's personal representative or successor-in-interest. Cal Code Civil Procedure § 377.31. “On motion after the death of a person who co...

Excerpt: ...not, by itself, sufficient to demonstrate that the address is current. … .” Cal Rules of Court 3.1362(d). Counsel did not lodge a completed proposed order, and there is no indication that the order was served. Cal Rules of Court 3.1362(e). Counsel to address the issues in the tentative and the Court will consider granting the motion. ...

Excerpt: ...mony. Landeros v. Flood (1976) 17 Cal.3d 399, 410. The parties do not dispute most of Plaintiff's course of care and treatment with Defendant Dahiya beginning on 7/12/13, when the mass on Plaintiff's back and goiter were discovered. UF 1. Tests were conducted, and Plaintiff next saw Defendant on 8/27/15. UF 2‐4. Ultimately, Defendant performed a surgical procedure, a partial thyroidectomy on Plaintiff on 9/17/15. UF 13. Defendant used silk sutu...

Excerpt: ...act or law are transferred to a selected site before one judge to promote the ends of justice. Cal Code Civil Procedure § 404.1. Cal Code Civil Procedure , § 404.1. The Crisanti Defendants' request for coordination is inappropriate here. First, coordination motions are heard by Department 1, and secondly, the procedure is appropriate if Defendants were seeking to transfer the Orange County case to Los Angeles Superior Court to be coordinated wi...

Excerpt: ...or must constitute despicable conduct carried on by Defendant with a willful and conscious disregard of the rights of others. Civ Code § 3294(a). This is the definition of “malice.” “Oppression” is defined as despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of a person's rights. Cal Civ Code § 3294(c). Plaintiffs do not offer any facts that would remedy the defect. Leave to amend should be gi...

Excerpt: ...rmitted to allow the insurer to protect its interests in the litigation. Western Heritage Ins. Co. v. Superior Court (2011) 199 Cal. App. 4th 1196, 1207‐ 1208; Reliance Ins. Co. v. Superior Court (2000) 84 Cal. App. 4th 383, 385. Moving party to give notice. ________________ The Motion by Defendants, Golden West Security and Gregory Bowman, for Protective Order as to Defendant Gregory Bowman, and the Plaintiff's three (3) Motions to Compel Defe...

Excerpt: ...endant's unopposed Motion for Summary Judgment, filed on 10/17/17, is GRANTED. Defendant has established she is entitled to judgment in her favor based on the undisputed facts asserted. Cal. Code Civ. Proc. § 437c(p)(2). As Plaintiff did not file an opposition, all facts are undisputed. Plaintiff alleges that on 4/5/14, while he was working at a building owned by Defendant, he used a ladder that was in a defective condition, and he fell as a res...

Excerpt: ...he lack of information. Midwife v. Bernal (1988) 203 Cal. App. 3d 57, 64. The sanction imposed must be “appropriate to the dereliction” and designed to accomplish the discovery sought. Do It Urself Moving & Storage, Inc. v. Brown, Leifer, Slatkin & Berns (1992) 7 Cal. App. 4th 27, 35. Defendant's alternative request to compel Plaintiff to appear for his physical examination is GRANTED. Defendant is entitled to demand a physical examination of...

Excerpt: ...� 1987.1. The right to privacy is protected by the California Constitution. Vinson v. Superior Court (1987) 43 Cal.3d 833, 839. Where privacy rights are implicated, Defendant has to show that the records sought are directly relevant to Plaintiff's claim and essential to the fair resolution of the lawsuit. Davis v. Superior Court (1992) 7 Cal.App.4th 1008, 1014; Harris v. Superior Court, (1992) 3 Cal.App.4th 661, 665. Even if the records are direc...

Excerpt: ...usive and is conducted within 75 miles of Plaintiff's residence. Code Civ. Proc., § 2032.220. On 1/26/18, Defendant served a demand for physical examination on Plaintiff. Motion, Ex. A. Plaintiff did not object. On 3/8/18, Plaintiff failed to appear for the examination. Defendants can move to compel compliance where Plaintiff fails to submit to an examination. Defense counsel attempted to meet and confer by letter dated 3/26/18. Motion, Ex. B. P...

Excerpt: ...aint alleges causes of action for negligence and intentional tort. Defendant argues, without authority, that both claims are “essentially claims of medical malpractice based upon some type of mistake.” Motion, 3:3‐5. A medical malpractice claim arises from Defendant's negligence. The claim for intentional tort alleges that Defendant intentionally caused a harmful or offensive contact with Plaintiff by mistakenly injecting the wrong fluid in...

Excerpt: ...in the interest of justice. Cal Code Civ Procedure § 473. However, the court has discretion to deny leave to amend where the proposed pleading is defective, such as where it is barred by an applicable limitations statute, or where the pleading is otherwise defective and cannot be cured by further amendment. Yee v. Mobilehome Park Rental Review Bd. (1998) 62 Cal. App. 4th 1409, 1429;California Casualty Gen. Ins. Co. v. Superior Court (1985) 173 C...

Excerpt: ...iff's counsel in another matter. If Defendant seeks to disqualify Mr. Kade, he should bring the appropriate Motion to Disqualify with supporting evidence. Judgment can be set aside at any time where it is void on its face. Plaza Hollister Ltd. Partnership v. County of San Benito (1999) 72 Cal.App.4th 1, 19. Defendant has not established that the judgment is void on its face because Defendant is identified as “David Aho” and not “David Ahl.�...

Excerpt: ...NTED. Cal. Code Civ. Proc. § 36(b). The court shall grant a motion for preference for parties under age 14. Plaintiff has allegedly suffered injuries from birth as a result of the alleged negligence of Defendants. Plaintiff has demonstrated a substantial interest in the litigation. Plaintiff's date of birth was 6/10/17, as reflected in the Plaintiff's Request for Judicial Notice, Ex. 1. Defendants do not dispute the Plaintiff's age. Preference i...

Excerpt: ... of Venue, filed on 4/9/18 is DENIED. Moving Party Defendants, Kyle and Steve Crisanti (hereafter “Crisanti”) ask for a change of venue to Orange County and “coordination” with a pending matter in the Orange County Superior Court, entitled Jacob Botros v. Kyle Crisanti. Motion 2:22‐24. “Coordination” is a process by which actions that share common questions of fact or law are transferred to a selected site before one judge to promot...

Excerpt: ...Hendessi. Sustained. <0047000300150011001400 00030057004b00440057> she cannot speak, read, or write <005c000300270048004600 00030052004900030030>elissa Keddington, Ex. B, 3:3-6. The Declaration signed by Plaintiff is in English, and there is no verification from a translator as required by the Evidence Code that the interpreter took an oath to make a true interpretation of the language. “(a) An interpreter shall take an oath that he or she will...

Excerpt: ...App.3d 1611, 1619 Liability is imposed on an owner for premises liability for breach of the duty to keep the premises safe in order to avoid exposing others to an unreasonable risk of harm. Brooks at 1619. If Defendant shows that he did not owe a duty of care to Plaintiff under the circumstances, this is a complete defense. Brooks at 1619–1620. Employees of a corporation cannot be held personally liable for torts of the corporation. Generally, ...

Excerpt: ...eave to augment or amend a designation after taking into account certain factors: the extent to which the opposing parties relied on the list of expert witnesses and after determining that the opposing parties will not be prejudiced in maintaining that party's action or defense on the merits. Cal. Code Civ. Proc. § 2034.620 (a) and (b). Dr. Rickles has not demonstrated Plaintiff's lack of standing to make this motion under CCP sec 2034.610. That...

Excerpt: ...a reply brief to be filed five court days before the hearing. The court did not grant the parties leave to submit further briefing beyond the scope of Section 1005. The decision to consolidate is a matter for the court's discretion. Muller v. Robinson (1959) 174 Cal. App. 2d 511, 515. Both BC655001 and BC670068 arise from the same accident and were previously deemed related on 2/26/18, with BC655001 as the lead case. As such all dates in BC670068...

Excerpt: ... that she has suffered other damages such as lost earnings. Code Civ. Proc. § 403.040(b). The court can transfer to limited jurisdiction if “it becomes clear that the matter will ‘necessarily' result in a verdict below the superior court jurisdictional amount.” Walker v. Superior Court (1992) 53 Cal. 3d 257, 262. Plaintiff does not dispute that her economic damages are limited to medical expenses of $2,416.75. While Plaintiff states she co...

Excerpt: ...ew evidence. Defendant's Objections #1 and #2, 4. Declaration of Elsa Tobar. Overruled. The Declaration does not contradict Plaintiff's deposition testimony. #3. Sustain. Lacks personal knowledge. It is based on information and belief. #4‐12. Overruled. Declaration of Brad Avrit. He describes the dangerous condition based on inspection and other evidence. This affirms Plaintiff's contention of the existence of a dangerous condition. Experts can...

Excerpt: ...ablish that all criteria for personal jurisdiction are met. Ziller Electronics Lab GMBH v. Superior Court (1988) 206 Cal.App.3d 1222, 1232‐33. Plaintiffs must provide competent evidence in affidavits and authenticated documentary evidence. An unverified complaint may not be considered. Id. at 1233. The court can assert general jurisdiction over a non‐resident Defendant who has substantial, continuous and systematic contacts with the state. Je...

Excerpt: ...Richard Nyhan, the General Manager of NEA Delivery LLC, who is familiar with employee oversight and development, recruiting, ensuring fleet vehicles are up to date, and is privy to all contract negotiations and contractual relations between NEA and Amazon Logistics, Inc. Sustain, ¶ 4 legal conclusion – whether Plaintiff was acting within the course and scope of employment as an “employee.” This is an issue of fact for the trier of fact unl...

Excerpt: ...manner, conditions, scope and nature of the examination, and the identity and specialty of the person who will perform the examination. The parties are required to meet and confer. Cal. Code Civ. Proc. §2032.310(b). If the motion is granted, the order must describe those diagnostic tests and procedures. Code Civ. Proc., § 2032.320. Defendants have shown good cause for both the psychiatric and neuropsychological examination. Plaintiff has been t...

Excerpt: ...9, 1250. The Shapira court issued a writ requiring the trial court to determine whether there was good cause for the second examination, noting other cases which upheld the right to multiple exams where such examinations involved medical specialists in different fields. The Shapira case involved an examination by a psychologist and a psychiatrist. Shapira at 1255. Defendant has shown good cause for a second examination with an orthopedist. Plaint...

Excerpt: ...en able to file a timely reply. Plaintiff has not submitted a declaration showing diligence or good cause for filing the opposition late. Hobson v. Raychem Corp. (1999) 73 Cal.App.4th 614, 624–25. Plaintiff has not filed a separate statement in opposition. Therefore, the material facts remain undisputed. Plaintiff alleges she suffered injuries when the vehicle she was operating was struck by a vehicle being operated by Defendant, Alessandro Bad...

Excerpt: ...rawal only as authorized by the court. However, this option applies if there is a guardianship of the estate of the minor established. Petitioner has not provided the case number (paragraph 19.a). Petitioner did not identify the financial institution or trust company as required. See paragraph (paragraph 19.a(2)). If a guardianship of the estate is not pending, then disposition of the proceeds should be made under paragraph 19.b. Counsel should a...

Excerpt: ... damages must be intended to cause injury or must constitute despicable conduct carried on by Defendant with a willful and conscious disregard of the rights of others. Civ Code § 3294(a). This is the definition of “malice.” “Oppression” is defined as despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of a person's rights. Cal Civ Code § 3294(c). Plaintiffs allege claims for strict liability for...

Excerpt: ...were served. Plaintiff asserts in Reply that the verifications were not sent. Reply 1:19‐20. Defendant admits that verifications were “forthcoming.” Opp. 2:8‐9. Unverified responses are tantamount to no responses at all. Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 635‐36 . Plaintiff was not required to set an Informal Discovery Conference prior to filing the motion. An IDC is required in motions to compel further responses not...