Excerpt: ...vious conditions, or those conditions that could have been observed in the exercise of reasonable care. Edwards v. Cal. Sports, (1988) 206 Cal. App. 3d 1284, 1288. Causation can be decided as a matter of law if “on undisputed facts there can be no reasonable difference of opinion on causal nexus.” Phillips v. TLC Plumbing, Inc. (2009) 172 Cal.App.4th 1133, 1139. Additionally, “[w]hen opposing parties tell two different stories, one of which...

Excerpt: ... 913.) However, in determining whether to issue such an order, absent showings of direct relevance, compelling need, and unavailability of alternative sources, the court would find that the privacy interest in medical record prevails. (See Ombudsman Services of Northern California v. Superior Court (2007) 154 Cal.App.4th 1233, 1251.) Here, Defendant contends that Plaintiff has placed the examinations conducted on 11/30/15 and 5/6/16 at the VA Hos...

Excerpt: ...om, which involved removing portions of the wall and flooring. UF 1. Alliance began work on Plaintiffs' bedroom on 8/6/15. UF 2. Plaintiffs' evidence does not dispute that Alliance put the materials it removed into double sealed bags. UF 3. Plaintiff cites to other portions of testimony to call into question the reliability of the declaration of Barry Barron, Alliance's foreman, however, the court does not consider the credibility of the witnesse...

Excerpt: ...) Named Defendants The Right Track, Inc. and Bobby Hopkins, Jr. were served on October 20, 2017. (Id. at ¶4, Exhs. 1 and 2.) Plaintiff moves this Court to set aside the dismissal entered on October 25, 2017 and that the present matter be restored to the active calendar in the Los Angeles Superior Court. It has been established that under the statute allowing relief from default for attorney's mistake, inadvertence, surprise, or neglect, reli...

Excerpt: ...in Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428: Motions for leave to amend are directed to the sound discretion of the judge: “The court may, in furtherance of justice and on any terms as may be proper, allow a party to amend any pleading . . . .” (Code Civ. Proc., § 473, subd. (a)(1).) However, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. (See Nestle v. Santa Monica (19...

Excerpt: ...picable” and “carried on by the defendant with a willful and conscious disregard of the rights or safety of others” in order to allege malicious conduct. “Oppression” requires conduct that can be regarded as “despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights.” Civ Code §3294(c). The inclusion of the word “despicable” in the statute (amended in 1987) indicates t...

Excerpt: ...court, upon motion reasonably made by the party, the witness, or any consumer described in CCP § 1985.3, or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon such terms or conditions as the court shall declare, including protective orders. (See CCP §§ 1985.3(g), 1987.1, 2025.420(b); See also Monarch Hea...

Excerpt: ...rder a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. (b) The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action ass...

Excerpt: ...om their duties as counsel, Form MC-053. In Paragraph 2 of Form MC-052, moving counsel declares the following Reasons for Motion: There has been irreconcilable differences of opinion between Plaintiff and Plaintiff's counsel leading to a complete breakdown in the attorney-client relationship. Specifically, certain significant issues surfaced related to the prosecution of this case, which to date remain unresolved. Current counsel and plaintiff ar...

Excerpt: ...ment, 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 demands including violations of privacy. (Code Civ. ...

Excerpt: ...earing date, the defendants are to inform the Court so that the motion to consolidate can be placed off calendar. Legal Standard For a demurrer, the allegations of the complaint are read liberally and plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis for the claim against him. (See Semole v. Sansoucie (1972) 28 Cal. App. 3d 714, 721.) Meet and Confer Before filing a demurrer, the demurring party is...

Excerpt: ...quested documents. Plaintiffs served notices of taking deposition and request for production of documents on Defendant on May 4, 2017, September 14, 2017, December 20, 2017, January 9, 2018, and January 16, 2018. (See Akemon Decl., ¶ 5, Exs. A-E.) No objections were made to any of these deposition notices. (See id.) When Plaintiffs' counsel inquired about the depositions, Defense counsel informed him that they were working on obtaining dates for...

Excerpt: ...and caused injuries and damages to Plaintiffs. On 1/3/18, a process server for Plaintiff purported to serve the summons and complaint on Defendant by substituted service. (Malavenda Decl. Exh. A.) Defendant moves to quash the service of summons and complaint. Alternatively, if the court denies the motion, Defendant requests the court stay the action based on Defendant's current deployment abroad with the U.S. Armed Forces. Discussion One basis fo...

Excerpt: ...fs”) were completing electrical work on a building owned by Harout Berberian (erroneously sued as “Harry Berberian”) and German Auto Parts Depot, Inc. (together “Defendants”). In attempting to access the roof of the building, Plaintiff Haig Sargsyan fell from his ladder, falling twenty feet on to Plaintiff Hrayr Sargsyan, who was standing on the ground underneath him. Plaintiffs both sustained injuries from the incident. On May 19, 2016...

Excerpt: ...laintiffs”) met at a restaurant owned by Le Soleil LLC dba The Gate to the Mediterranean (“Defendant”). When Plaintiffs approached to greet each other, Plaintiff Anahit slipped on a liquid on the floor, causing both Plaintiffs to fall to the floor and sustain injuries. On September 8, 2015, Plaintiffs filed the complaint against Le Soleil LLC dba The Gate to the Mediterranean (“Defendant”) alleging one cause of action for negligence. On...

Excerpt: ... on her leg. Plaintiff alleges the treatment was so ineffective that it was “obvious to the naked eye of a lay person.” Id. What was originally a small wound “grew to the enormous size of about 100 mm in width.” Id. Plaintiff alleges defendant prescribed painkillers, opioids, and sedatives in the course of two years of treatment. Id. at ¶ 9. Plaintiff alleges she suffered severe opioid related withdrawal symptoms to the point where “sh...

Excerpt: ...er. Default was entered on April 08, 2016. An OSC re Entry of Default Judgment (after continuances) was subsequently set for January 03, 2018. Plaintiff failed to appear, and the suit was dismissed. On January 05, 2018, Plaintiff filed the instant motion to set aside the dismissal. Analysis Plaintiff seeks relief from the January 03, 2018, dismissal. Whenever an application for relief is made no more than six months after entry of dismissal, is i...

Excerpt: ...ranted. Defendant thereafter filed the two instant motions, on January 12, 2018, to (1) compel Plaintiff to participate in an independent medical examination with Defendant's proposed expert, Dr. Jeffrey Korchek, and (2) to permit Defendant to serve a tardy expert witness designation. Legal Standard-Tardy Expert Lists A party may obtain relief from a failure to timely serve expert witness information pursuant to CCP § 2034.720: The court shall g...

Excerpt: ...of establishing good cause for a continuance. The suit was only filed in July 26, 2017, and Defendant has been productive in the six months since, arranging for other defendants to be dismissed from the suit, propounding discovery, and meeting and conferring with Plaintiff regarding responses to that discovery. Notwithstanding these efforts, discovery is still in the very early stages, with no documents having yet been produced by Plaintiff or Pl...

Excerpt: ...ssary 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. Def...

Excerpt: ...o 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; People v. Prince (1968) 268 Cal. App. 2d 398. Moreover, CRC Rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Moti...

Excerpt: ...ecree by a nunc pro tunc order.” (In re Eckstrom's Estate (1960) 54 Cal.2d 540, 544.) “The function of a nunc pro tunc order is merely to correct the record of the judgment.” (Id. (internal quotations omitted).) Discussion The Court will first discuss the facts that can be discerned from the Declarations and Exhibits attached to Plaintiff's motion. Plaintiff's Counsel filed a Complaint electronically via JournalTech on December 5, 2017 in a...

Excerpt: ...am Frillici and Does 1 through 100. Though not specifically stated in the complaint, it seems that Plaintiff is alleging a cause of action for negligence. The complaint alleges the following: 1) on July 29, 2016, Kinmanfrillici while under the influence of alcohol negligently operated a vehicle owned by Kinmanfrillici and Paul William Frillici, and caused a collision with Plaintiff's vehicle thereby injuring Plaintiff. (Complaint ¶¶ 7- 9); 2) K...

Excerpt: ...gence against Jonathan Ancheta, (3) general negligence against Walter and Lillian Ancheta, (4) general negligence against Walter and Lillian Ancheta; (5) intentional tort against Walter and Lillian Ancheta and premises liability against Walter and Lillian Ancheta. The complaint alleges the following: 1) in 2006, when Plaintiff was eight years old, Plaintiff was placed in a day care center owned and operated by Walter and Lillian Ancheta in the de...

Excerpt: ...ly calendared by Plaintiff's counsel, Shahin Karimian, and no one appeared. The case was dismissed on August 28, 2017. On October 18, 2017, Plaintiff filed a Motion to Vacate and Set Aside Dismissal due to Mr. Karimian's error. The motion was granted and the OSC re Dismissal for Failure to Serve was set for January 3, 2018. The case was dismissed again on January 3, 2018 for failure to prosecute when no one appeared for the OSC. On January 10, 20...