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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...� 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: ...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...