Excerpt: ...nt of Entire Case on October 26, 2015. Before the settlement was executed, Plaintiff Ponstella Everson on November 12, 2015 became deceased as a result of an unrelated matter. (Plaintiff's Declaration for OSC Re: Dismissal filed 9/25/2017, Good Decl. ¶ 4.) Based upon the Notice of Settlement, the Court issued on 8/25/17 an OSC Re: Dismissal for 9/27/2017. The OSC hearing is scheduled for 3/7/2018. (See Minute Order filed 2/9/18.) ANALYSIS Legal ...

Excerpt: ...ive order may be filed “by a party or other affected person.” (CCP § 2017.020(a)). “The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions: (1) That the deposition not...

Excerpt: ...employee of a party to attend and to testify…” (CCP §2025.280.) If, after service of a deposition notice, a party or party-affiliated deponent fails to appear or to proceed with the examination without having served a valid objection, the party noticing the deposition may move for an order compelling the deponent's attendance and testimony. (CCP §2025.450(a).) On May 11, 2017, Defendants noticed the deposition of Plaintiff for September 12,...

Excerpt: ...own 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 of any kind has been served. Leach v. Superior Court (1980) 111 Cal. App. 3d 902, 905-906. On October 16, 2017, Dahiya served Special Interrogatories, Set Two on Plaintiff. (Fierro Decl. ¶1, Exh. A.) Plaintiff's responses to Special Interrogatories, Set Two were due on or before November ...

Excerpt: ...n was granted by this Court on February 21, 2018. Additionally, Plaintiffs' counsel contends in their opposition, that they have been amenable to <01b5019a0003015a010201 01b50176019001b50110Lcessful in contacting Plaintiff Nathan Phillips. In light of the foregoing, Defendants' Motion to Compel Plaintiff Nathan Phillips' Deposition; <0176011a0003005a011e01 018c00030057018c017dLduction is GRANTED. Plaintiff Nathan Phillips is ordered to produce re...

Excerpt: ...�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…the party giving the notice may move for an order compelling the deponent's attendance and testimony...” (Code Civ. Proc., § 2025.450(a).) “If that party … then fails to obey an order compelling attendance, testimony, and production, the court may make those orders that are...

Excerpt: ... sought to be consolidated, with the lowest numbered case shown first; and <0057005200030045004800 00470044005700480047>. (2) The motion to consolidate: (A) Is deemed a single motion for the purpose of determining the appropriate filing fee, but memorandums, declarations, and other supporting papers must be filed only in the lowest numbered case; (B) Must be served on all attorneys of record and all non-represented parties in all of the cases sou...

Excerpt: ...as operating her rental vehicle at the airport in Cabo San Lucas during a business trip related to and on behalf of defendant [NP]. Defendant…so carelessly and negligently operated her rental vehicle in such a manner as to cause it to move forward while the Plaintiff was partly in and partly out of the passenger side of the vehicle, causing the vehicle to collide with and drag the Plaintiff, which caused Plaintiff to sustain physical injuries a...

Excerpt: ...s (“Enterprise”), Whitney Shen Wen Lu (“Lu”) and Does 1 through 25 for motor vehicle and general negligence. The complaint in relevant part alleges that on June 16, 2015, Plaintiff was involved in a motor vehicle collision caused by Lu, who was operating a vehicle owned and entrusted by Ean and Enterprise. (Complaint p.4 MV-1, MV-2 and p.5. GN-1.) Ean and Enterprise (jointly the “Moving Party”) demur to the complaint on grounds that t...

Excerpt: ...ted. (MC‐351, MC‐355). Petitioner Claudia Rodriguez's Petition to Approve Compromise of Pending Action for Minor Vanessa Rodriguez is GRANTED, with reduced costs. The Court previously reviewed and heard the petition on January 18, 2018 and found the settlement to be reasonable. However, the Court continued the hearing to allow Counsel to provide further declaration and documentation to substantiate the following costs: (1) “administration f...

Excerpt: ...ourt, upon motion reasonably made by the party…may make an order quashing the subpoena entirely, modifying it or directing compliance with it…including protective orders.” “The court may make any other order as may be appropriate to protect the parties, the witness, or the consumer from unreasonable or oppressive demands including unreasonable violations of a witness's or consumer's right of privacy.” CCP §§ 1987.1, 1985.3. Either the...

Excerpt: ...led to make a timely response. Surprise occurs when a Defendant is unexpectedly placed in a position to his injury without any negligence of his own. Excusable neglect is a basis for relief when the Defendant has shown some reasonable excuse for the default. Credit Managers Association of California v. National Independent Business Alliance (1984) 162 Cal.App.3d 1166, 1173.; and Davis v. Thayer (1980) 113 Cal.App.3d 892, 905. Defendant avers that...

Excerpt: ...serted a cause of action for professional negligence by a healthcare provider against Defendant Lesin. Plaintiff alleges that she presented to Lesin on December 8, 2015, complaining of pain to her left wrist which she injured in a slip and fall accident. (Complaint, ¶ 24). Lesin took an x-ray of her left wrist, told her there was no break, and put her left wrist in a cast. (Id., ¶ 25). Plaintiff returned to Lesin on December 15, 2015, at which ...

Excerpt: ...ral damages, medical and incidental damages, special and incidental damages, lost earnings, lost earning capacity, pre-judgment interest, cost of the suit, attorneys' fees, and further relief as the court may deem proper. Plaintiff was trying to enter a building at defendant's college. Two unknown males were exiting the building and forcefully pushed the doors open, striking plaintiff in her left knee. Plaintiff fell and allegedly sustained injur...

Excerpt: ...he hearing on the demurrer was initially continued to December 7, 2017 because Basyro failed to meet and confer as required by CCP § 430.41. However, the demurrer became moot when Plaintiff filed a first amended complaint (“FAC”) on November 3, 2018. This is a dog bite case in which Plaintiff alleges that he was attacked and injured by a dog that jumped out of a vehicle belonging to Master Dog Training which is a business owned by Basyro. (F...

Excerpt: ...at any liability on its part is passive when compared to the active negligence of Defendant Pride Towing as Plaintiff's insured's vehicle was stolen when it was left unattended and unlocked with the keys inside by Defendant Pride Towing. (See id., ¶¶ 4-5.) Ted Jones Ford asserts that this settlement was negotiated openly and fairly between Plaintiff and Ted Jones Ford and that there has been no improper collusion or conspiracy against any other...

Excerpt: ... Defendants served the Custodian of Records for Cedars-Sinai Medical Center seeking all medical records, billing records, and x-rays and imaging records from October 2, 2015 to the present. Plaintiff now moves to quash the subpoenas. Analysis Code of Civil Procedure section 1987.1 provides that “if a subpoena requires the attendance of a witness, or the production of books, documents, electronically stored information, or other things before a ...

Excerpt: ...ry trial of damage questions. Trickey v. Superior Court of Sacramento County, 252 Cal. App. 2d 650, 653 (Cal. App. 3d Dist. 1967). “Whether separate actions shall be considered for trial or whether there shall be a severance and separate trials of issues in a single action is matter within the discretion of the trial court.” McArthur v. Shaffer (1943) 59 Cal.App.2d 724, 727. This is a TRIAL COURT issue for the trial judge to determine. Defend...

Excerpt: ... personal appearance and production of documents and things by personal service on December 19, 2017, approximately two weeks prior to the scheduled deposition on January 4, 2018. (See Jolly Decl., Ex. A.) The subpoena indicated the time and place and set forth the case, rights and duties, and penalties for disobedience of the deposition subpoena. (See id.) Defense counsel's assistant was contacted by a female named “Vera” on December 20, 201...

Excerpt: ...0480003>Minor's Compromise (MC-350) in pro per. The Compromise was for $15,000. The hearing for the Petition for Minor's Compromise was set for November 17, 2017 and was continued four times because Plaintiff Keyshaun Oglesby was not represented by counsel. On December 12, 2017, Steven Gambardella substituted in as counsel for Plaintiff Keyshaun Oglesby. On January 25, 2018, the Court found that the Petition filed by Jolena Oglesby was invalid be...

Excerpt: ...arate Statement A motion to quash production of documents at a deposition must be accompanied by a separate statement setting forth the particular documents or demands at issue and the factual and legal reasons why production should not be compelled. C.R.C. 3.1345(a)(5). Defendant failed to provide a separate statement with the motion. Timeliness Defendants were required to file this motion five days before the date set for deposition. C.C.P. <00...

Excerpt: ... proper deposition notice “is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify…” (CCP §2025.280.) If, after service of a deposition notice, a party or party-affiliated deponent fails to appear or to proceed with the examination without having served a valid objection, the party noticing the deposition may move for an order compelling the ...

Excerpt: ...uding any party to the action. (CCP §2025.010.) Service of a proper deposition notice “is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify…” (CCP §2025.280.) If, after service of a deposition notice, a party or party-affiliated deponent fails to appear or to proceed with the examination without having served a valid objection, the party ...

Excerpt: ...otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken…” CCP § 473(b) (emphasis added). “The six-month time limit for granting relief under section 473 is jurisdictional and relief cannot be granted under section 473 if the application for such relief is instituted more than six months after the entry of the j...

Excerpt: ... court's leave. CCP § 428.50(b). There are no compulsory cross- complaints against parties other than plaintiff. Leave of court may be granted “in the interest of justice” at any time during the course of the action. CCP § 428.50(c). A defendant can file a cross-complaint against a third person not yet a party to the action only if the cause of action asserted “(1) arises out of the same transaction, occurrence, or series of transactions ...

Excerpt: ...s counsel is ordered to give notice of this ruling and the “Order <0026005200580051005600 004c004f00b40003000b>Judicial Council form MC- 053). The court has discretion to allow an attorney to withdraw, and such a motion 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.) Plaintiff Nathan Phillip's attorney of rec...

Excerpt: ...on. The complaint alleges that on December 2, 2013, Elizabeth Martinez rear ended Plaintiff's vehicle thereby injuring Plaintiff. (Complaint. p. 4 MV-1-Mv-2 and p.5 GN-1.) While Plaintiff was originally represented by counsel, on October 2, 2017, Plaintiff began to represent himself, in pro per. On November 30, 2017, the Court granted Elizabeth Martinez's motion to quash service and vacated the default that was entered against Elizabeth Martinez....

Excerpt: ...Services NA LLC and Does 1 through 50 (collectively “Defendants”) alleging causes of action for motor vehicle and general negligence. The complaint generally alleges that on February 23, 2017, Defendants owned, entrusted and operated a motor vehicle in such a negligent, reckless and dangerous manner that Defendants collided with Plaintiff's vehicle causing bodily injury to Plaintiff and property damage to Plaintiff's vehicle. (Complaint p. 4 ...

Excerpt: ... this amount as reasonable. The Court must apply a reasonable fee standard in approving attorney's fees in a minor's compromise petition. (Cal. Rules of Court, rule 7.955(a).) Generally, 25% in attorney's fees for a minor's compromise petition is more than reasonable, unless a higher award can be justified. While Counsel provides a declaration, all it provides is the fees sought are reasonable because “Counsel believes that a lot of legal work ...

Excerpt: ...ompel 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 of any kind has been served. Leach v. Superior Court (1980) 111 Cal. App. 3d 902, 905-906. On July 17, 2017, Plaintiff's counsel served the first set of Form Interrogatories to Defendants Messiah Trucking, Inc., Penske Truck Lea...

Excerpt: ... set an OSC re Dismissal for December 4, 2017, after neither party appeared for the scheduled jury trial. On December 4, 2017, the parties failed to appear so the court dismissed the case because of Plaintiff's failure to appear and prosecute the case. On January 8, 2018, Plaintiff filed the instant motion to set aside the dismissal. Plaintiff seeks relief from the December 4, 2017, dismissal. Whenever an application for relief is made no more th...

Excerpt: ... date and related dates. Defendant seeks to continue the trial date and related dates because the parties have stipulated to do so. Defendant also contends that trial should be continued because Defendant has been unable to conduct sufficient discovery and continuing the trial date would provide the parties more time to engage in settlement negotiations in an effort to resolve this matter without having to go to trial. “The court may grant a co...

Excerpt: ...efendant SGUSD filed a motion for defense costs on December 5, 2018 with a hearing set for February 20, 2018. CCP § 1038(a) provides that in case under the Government Claims act, at the time of granting summary judgment, or a similar such proceeding, the court shall determine if the case was brought and maintained in good faith. If the court finds the case was brought in bad faith, the defendant public entity will be entitled to defense costs. H...

Excerpt: ...ch will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect. Relief under CCP § 473(b) may be based either on: (1) an “attorney affidavit of fault,” in which event relief is mandatory; or (2) declarations or other evidence showing “...

Excerpt: ...h was properly noticed or subpoenaed to be completed prior to the expiration of the October 6, 2017, non-expert discovery cut-off; (b) the deposition of Plaintiff's college tutor; (c) subpoenas for records from Plaintiff's college; and (d) any additional discovery issue related to the records subpoenaed from Plaintiff's college. Plaintiff argues that the two deposition subpoenas for production of business records do not fall within any of the abo...

Excerpt: ...680. Defendant served Plaintiffs Alfredo Gonzalez and Fatima Patricia Espinoza with individual sets of discovery requests on August 29, 2017. (See all Motions, p.2.) The discovery requests consisted of Form Interrogatories, Special Interrogatories, Requests for Production and Requests for Admissions. (See all Motions, p.2.) Defendant alleges that based upon the service date, responses were due on October 3, 2017. (See all Motions, p.2.) On Octobe...

Excerpt: ...t any time during the pendency of the action when the party reaches 70 years of age. (Id.) Plaintiff's counsel has declared that all appropriate complaint documents have been served on Defendant on December 29, 2017. (See Bialkowska Decl., ¶ 3.) A proof of service was filed on January 5, 2018 showing such service. (See id.) Furthermore, Plaintiff has provided proof that he <0028005b00110003002400 11000c0003[ Plaintiff has also shown that he is e...

Excerpt: ...AV”), that was hired to perform services at Defendant's business, W Los Angeles – West Beverly Hills at 930 Hilgard Avenue. He was working on the roof. A flood light was turned off and Plaintiff was in “total darkness.” Plaintiff did not expect the lights to be turned off and then fell off the roof. He sustained injuries and damages. Plaintiff Corrine Ines Arnold is the wife of Joseph Arnold. She claims loss of consortium as a direct and ...

Excerpt: ....” Courts must apply a policy of liberality in permitting amendments at any stage of the proceeding when no prejudice to the opposing party is shown. (Duchrow v. Forrest (2013) 215 Cal.App.4th 1359, 1377.) Rule 3.1324 of the California Rules of Court sets out a number of requirements for amended pleadings. These requirements will be examined in turn. Rule 3.1324(a) requires a motion to amend a pleading before trial to: (1) Include a copy of the...

Excerpt: ...be construed to in any way bind the trial court in making a bifurcation decision on its own motion. Defendants have properly sought a bifurcation order in advance of the trial date. See Cal Code Civ Procedure § 598 (court to issue order bifurcating case on noticed motion by the pretrial conference or, absent a pretrial conference, no later than 30 days in advance of trial). However, a trial court may also “on its own motion . . . make such an ...

Excerpt: ...l not result in prejudice to the opposing party, it is error to refuse permission to amend. Morgan v. Superior Court of Los Angeles County (1959) 172 Cal. App. 2d 527, 530. A comparison of Defendant's original answer filed on 9/4/15 and the proposed answer reflects that Defendant is adding a 10 thAffirmative Defense for “emergency.” Plaintiff has not established how the lack of page and line number is fatal to the motion or has caused any pre...

Excerpt: ...ansfer 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. Defendant has met his burden warranting transfer. Moving party is ordered to give notice. ...

Excerpt: ...k climbing at an indoor rock climbing facility when he fell approximately thirty feet and was injured. On February 08, 2017, Plaintiff brought the instant suit against The Stronghold Climbing Gym (“Stronghold”), which operated the facility where the <00b4000c000f0003005a00 0048004f0044005c004c[ng Plaintiff's climb. “Belaying” means Defendant was below Plaintiff, holding a rope to which Plaintiff was tethered. When done properly, a belayer...

Excerpt: ... Plaintiff did provide signed verifications. Motions, Ex. C. Defendant is requesting a further response, contending objections were waived. A motion to compel a further response to Interrogatories or Request for Production of Documents may be made on grounds that an objection is without merit. Cal. Code Civ. Proc. §2030.300.(a)(3); Cal. Code Civ. Proc. § 2031.310(a). However, Defendant must schedule an Informal Discovery Conference prior to fil...

Excerpt: ...dent reconstruction expert witness. Voss was deposed on November 30, 2017, and at that time, Plaintiff sought to obtain information from Voss about the amount of business he had previously done with Defendant's law firm, Ford, Walker, Haggerty & Behar (“FWHB”) and Defendant's insurer, the Interinsurance Exchange Automobile Club (“Auto Club”), in order to discover any evidence that might be used at trial to demonstrate that Voss was a bias...

Excerpt: ...ppression as those terms are defined by statute in order to support the claim for punitive damages. Grieves v. Superior Court (1984) 157 Cal. App. 3d 159, 166. The complaint alleges claims for negligence, gross negligence, premises liability, res ipsa loquitur, and negligence per se. Since Plaintiff has not alleged intentional conduct, and in order to recover punitive damages, Plaintiff must allege conduct that is “despicable” and “carried ...

Excerpt: ...bit E; Cal. Code Civ. Proc. 2025.450(b)(2). Plaintiff has not shown that the motion is procedurally defective in a way that results in prejudice to Plaintiff. The request for imposition of sanctions is adequately noticed. Defendant states that monetary sanctions are sought against Plaintiff and her attorney of record, based on the code sections cited. Notice, 2:8‐11. The request is supported by the points and authorities and the Declaration of ...

Excerpt: ... in the litigation.” Cal. Code Civ. Proc. § 36(a)(2). Kline v. Superior Court (1991) 227 Cal.App.3d 512, 514. Contrary to Defendants' argument, Plaintiff is not required to establish that she is “likely to die anytime soon.” Opposition, 3:5‐ 7. The purpose of the legislation is to safeguard a litigant's risk against the acknowledgement that death or incapacity might deprive them of the opportunity to have their case effectively tried. Gr...

Excerpt: ... Cal.App.4th 130,149.The court should apply the “reasonably prudent person” standard acting under the same circumstances in determining whether a person has acted with excusable neglect. Elms v. Elms(1946) 72 Cal. App. 2d 508, 513. Plaintiff's counsel appeared at the 7/11/17 ex parte application by Defendant, which was not opposed. The court advanced the hearing date for Defendant's Motion for Summary Judgment from 12/12/17 to 11/3/17. Plaint...

Excerpt: ...equest for Production of Documents, Set Two, on Velocity specifically requesting documents relating to operations/safety manuals, safety protocols, safe driving programs, and/or requirements for good driving of shuttle operators. Declaration of Mitchell, Ex. 1, 4:3‐14. Plaintiff also requested production of Mr. Rivera's personnel file. Id., 4:6‐8. Defendant Velocity subsequently produced responsive documents on 1/10/17, 30 days after Mr. Rive...