Excerpt: ...ssue a protective order to protect the parties from unreasonable or oppressive demands including unreasonable violations of the right of privacy. Cal Code Civ Procedure § 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 ...

Excerpt: ...ndant's reply provides documentary evidence that Defendant was out of the country on a trip at the time of purported service. Defendant left on 1/16/18 to Bogota and then to Medellin, arriving January 17, 2018. He returned from Medellin to Florida on 1/23/18. Reply, Ex. A. Service was purportedly accomplished on 1/21/18, Opposition, Ex. A. . Defendant also declares that he lives in a gated community, and his home is accessible only by contacting ...

Excerpt: ...supplemental Form Interrogatory and Request for Production of Documents on 2/27/18. Reply, Ex. J and K. The parties' stipulation for continuance of trial filed on 11/27/17 states that “discovery may be conducted as to new injuries, not previously claimed.” Motion, Ex. B. As Plaintiff has responded to the discovery at issue, an order compelling her response is not necessary. However, the court imposes sanctions against Plaintiff and counsel fo...

Excerpt: ...t for monetary sanctions is DENIED. The request must be supported by a declaration setting forth facts supporting the amount of monetary sanction sought. Cal. Code Civ. Proc. § 2023.040. The Declaration of James Hart, does not affirm any of the facts to support the amount of monetary sanction requested. Moving party is ordered to give notice. ...

Excerpt: ...d with Rule 3.1362(d) which requires facts and affirmation regarding the client's address. Counsel is required to lodge a completed proposed order and serve it on all parties and the client as required by Subpart (e). A proof of service is not attached to the motion. Moving party is ordered to give notice. ...

Excerpt: ...at it does not owe a duty, that it did not breach a duty and that no act or omission by Defendant caused Plaintiffs' injuries. Motion 2:13‐16. A court cannot grant summary adjudication of separate issues where the only motion noticed for hearing is for summary judgment. This implicates Plaintiffs' right to proper notice of the issues being sought against them. Jimenez v. Protective Life Ins. Co. (1992) 8 Cal. App. 4th 528, 534. Edison's separat...

Excerpt: ...they are not lacking in foundation, improper or speculative. An expert's declaration is sufficient if the expert establishes the matters relied upon in expressing the opinion, that the opinion rests on matters of a type reasonably relied upon, and the expert explains the bases for the opinion. Mr. Stabler identifies all the materials he has reviewed in preparing his opinion. Stabler Declaration ¶ 3(a)‐(d). He also inspected the elevator. Id ¶...

Excerpt: ...63 Cal. App. 3d 396, 402. The course of the care and treatment of Plaintiff 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. No act or omission by Defendant caused or contributed to Plaintiff's claimed injuries. Defendant performed an appropriate surgery, which did not cause Plaintiff's bowel obstruction. Adhesions from abdomi...

Excerpt: ...ade at any time during the pendency of an action, unless the court otherwise orders. Code Civ. Proc. § 36. Plaintiff has demonstrated that his health is “such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” Cal. Code Civ. Proc. § 36(a)(2); Kline v. Superior Court (1991) 227 Cal.App.3d 512, 514. Plaintiff declares he suffers from head injury/brain damage and notably Parkinson's disease among...

Excerpt: ... calendar days “preceding the motion.” Cal. Code Civ. Proc. § 437c(b)(2). Defendant argues she did not receive the opposition the next business day, but Defendant has not suffered any prejudice, since Defendant was able to serve a reply brief with evidentiary objections and other supporting papers, all of which have been considered. Even if the papers were not received the next business day, the court has discretion to consider “late” pa...

Excerpt: ...the granting of the motion will 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. Defendant has not established that the motion is untimely made or that any prejudice will result if Plaintiff is allowed leave to amend. Trial is presently scheduled for 5/25/18, leaving the parties sufficient time for discovery. If Defendant beli...

Excerpt: ...t determine whether the responses are in substantial compliance with statute (all objections were waived because of the late response). While defense counsel contends that failure to respond was a mistake, Defense counsel never responded to Plaintiff's meet and confer letter of 1/18/18 and responded only when Plaintiff's counsel incurred expenses to file the motions. However, in mitigation, Defendant agreed to pay Plaintiff's motion fees. The Cou...

Excerpt: ...dant inquired about the non‐appearance at the 1/18/18 deposition, or otherwise met and conferred about rescheduling the deposition. Rather, Defendant relied on Plaintiff to contact Defendant's office. Alama‐Hecht Declaration ¶5. Defendant did not comply with the meet and confer requirements of statute. Defendant contends that Plaintiff did not appear at the noticed deposition set for 1/18/18 and refers to a Certificate of Non‐Appearance, a...

Excerpt: ..., ¶ 6, Exhibit 3. There is good cause to compel responses to some of the deposition questions. Defendant cites Rifkind v. Superior Court (1994) 22 Cal.App.4th 1255, 1258, for the proposition that Plaintiff's questions constitute “contention” questions that cannot be asked during a deposition, but should be reserved for interrogatory. Rifkind does not apply. The deponent in Rifkind was asked to state facts and identify witnesses and documents...

Excerpt: ...nterest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The <020b0377020c0003001100 0087009500960094008b>ctive means exist to achieve the overriding interest.” Cal Rules of Court 2.550(d). Court records are presumed to be open. Cal Rules of Court 2.550(d). The burden is on the moving party to show compelling reasons for sealing records. Mary R. v....

Excerpt: ...own a stairwell. (Compl. at ¶ 10.) She slipped on a puddle of water that was on the stairwell. (Id. at ¶ 11.) She alleges Defendant s did not provide any warning and did not clean the wet floor. (Id. at ¶ 14.) She sustained injuries as a “direct and proximate” result of Defendants' negligence. (Id. at ¶ 16.) Defendant Whitesel filed a demurrer to Plaintiff's cause of action for gross negligence and a motion to strike portions. Plaintiff a...

Excerpt: ...nd D. The statute governing the conduct of the examination expressly permits the examinee's attorney or a representative to attend and observe the physical examination and to record the examination stenographically or by audio technology. The Code of Civil Procedure does not expressly allow that right to the demanding party (Defendant) or the Defendant's physician. Code Civ. Proc., § 2032.510(a). Because the Code permits Plaintiff's representati...

Excerpt: ...andatory; the trial court has no discretion to refuse the minor's request for early setting. Peters v. Superior Court (1989) 212 Cal.App.3d 218, 223- 224. “Unless the court otherwise orders: (1) A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared…” CCP § 36(c)(1). “Upon the granting of such a motion for preference, the ...

Excerpt: ...nty Development & Construction Inc. (“Tri County”) (together, “Defendants”) for damages arising out of an automobile accident. While driving down Colorado Blvd. in Los Angeles, Plaintiffs allegedly drove into a construction trench that was controlled by Defendants and had no visible warning signs. (Complaint ¶ GN-1.) On 10/5/17, Plaintiffs served the summons and complaint on Tri County. Tri County filed an answer to the complaint on 11/1...

Excerpt: ...or his opinion. Aside from declaring his opinion is based on a review of the records provided to him and his education, training, and experience as an emergency physician, Dr. Mistry also declares that his opinion is based on Dr. Jamehdor's re-evaluation on January 5, 2015 and the lack of reports that Plaintiff continued to exhibit psychosis. (See Mistry Decl., ¶¶ 34-36.) Discussion The elements of medical malpractice are: “(1) the duty of th...

Excerpt: ...ive Complaint against Shahen Chalyan (“Chalyan”) and L.A. Check Cab Company Inc. (“L.A. Checker”) (together, “Defendants”) for damages arising out of an automobile incident which occurred on 12/3/14. L.A. Checker filed an answer on 10/31/16. Default was entered against Chalyan on 2/22/17. Discussion Plaintiffs move the Court for orders compelling L.A. Checker to provide verified responses, without objections, to Plaintiffs' (1) Form I...

Excerpt: ...h 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. By its language, the statute only requires the affidavit be executed by an attorney who represents the client and whose mistake, inadvertence, surprise or neglect in fact caused t...

Excerpt: ...eposition, the court, upon motion reasonably made by [a party or a witness] . . . may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders.” Additionally, “the court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, including reasonable attorney's fees, if the ...

Excerpt: ...f Juliette Hamini's counsel is ordered to give notice of this ruling and the “Order <0026005200580051005600 004c004f00b40003000b>Judicial Council form MC- 053). Legal Standard 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.) CCP § 28...

Excerpt: ...SSUF”) No. 1.) Nurses identified decedent as being at a high risk of falling, and implemented various procedures as precautions to decrease the likelihood decedent would fall. (SSUF No. 2.) Decedent was ultimately diagnosed with a recurrent, inoperable gastric cancer, and was given a feeding tube. (SSUF Nos. 3-6.) While recovering from the exploratory surgery to find the cancer, and from the placement of the feeding tube, decedent remained in t...