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: ...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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...or completion of discovery to permit the deposition of any expert. Code Civ. Proc., § 2034.710 On 10/19/17, the court continued trial to 5/7/18, with expert discovery to be based on the new trial date. There is still sufficient time for expert discovery. The court can permit leave for a party to submit tardy expert witness information if there is no prejudice to opposing parties, and the motion is based on mistake, inadvertence, surprise or excu...

Excerpt: ...ections are overruled. #1. Overrule. The depositions are properly admitted. Use of deposition transcripts are permitted, regardless of whether Plaintiff's counsel personally attended. At the trial or any other hearing in the action, any part or all of a deposition may be used against any party who was present or represented at the taking of the deposition, or who had due notice of the deposition and did not serve a valid objection under Section 2...

Excerpt: ...laint, in which case he must do so at least 10 court days before the date of the hearing or (b) to file a declaration concerning the parties' meet and confer efforts and briefs concerning any outstanding issues remaining after the meet and confer, which declaration and briefs must also be filed at least 10 court days before the date of the hearing. Discussion The Court finds that the declaration of Judd R. Allen fails to comply with CCP §§ 430....

Excerpt: ...e as Defendant has met its burden on the moving papers. The court has discretion to consider late papers in favor of the strong policy favoring disposition of the case on the merits. Kapitanski v. Von's(1983) 146 Cal.App.3d 29, 32. If the number of interrogatories or requests for admission exceeds 35, and where the responding party moves for a protective order, the propounding party has the burden of justifying that the number of the interrogator...

Excerpt: ...compliance with the subpoena. Cal Rules of Court, Rule 3.1346 Regardless, Plaintiff is requesting that Defendant comply with the document request, although Plaintiff has not shown that Plaintiff served a document request requiring production of Defendant's medical records. Plaintiff argues Defendant served a Motion to Quash the deposition subpoenas (Motion 9:26‐27), however that motion has not been reserved or filed. Moving party is ordered to ...

Excerpt: ...allege facts and circumstances showing malice, fraud or oppression 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. Since Plaintiff has not alleged intentional conduct, and in order to recover punitive damages, Plaintiff must allege malicious conduct, defined as “despicable” conduct that is “carried on by the defendant with a willful and con...

Excerpt: ...n” pursuant to Cal. Code Civ. Proc. § 437c(b)(2). The 14 th day fell on January 15, which was a holiday. Defendant has not shown any prejudice from receiving the opposition one week before filing the reply. The papers are required be delivered in a manner “reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, ...

Excerpt: ...ourt granted Defendants leave to have this motion heard on shortened notice on 12/20/17. Trial has since been continued to 2/27/18. Defendants have shown good cause for the examinations. Cal. Code Civ. Proc. § 2032.320(a). Plaintiffs admit that they have been treated for pain management by Vikram Singh, M.D., Opposition, 4:19‐20. Good cause is established where “there are specific facts justifying discovery and the inquiry is relevant to the...

Excerpt: ...view and approval. Petitioner is also required to submit supporting documents with the petition: 1. A copy of doctors' reports containing a diagnosis of and prognosis for the claimant's injuries, and a report of the claimant's present condition, attached to the Petition as Ex. 9. See Petition, ¶ 9. 2. A copy of a final Medicare Demand letter or letter agreement. See Petition, ¶ 13.b.(3) and (c). 3. As Plaintiff's counsel asks for attorney's fee...

Excerpt: ...e Civ. Proc., § 2032.220. Defendants have identified the time, place, manner, conditions, scope, and nature of the examination as well as the identity of the specialty of the physician performing the examination in compliance with Cal. Code Civ. Proc. § 2032.220(c). The Amended Demand for Physical Examination states that the examination encompasses physical and orthopedic examination of Plaintiff with respect to Plaintiff's injuries claimed in ...

Excerpt: ...made, and 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. Plaintiff has complied with the procedural requirements for this motion as set forth in Cal Rules of Court 3.1324. Plaintiff proposes to add a third cause of action arising from a separate procedure allegedly performed by Defendant on th...

Excerpt: ... cannot represent the minor since “no person who is not an attorney may represent another in a legal proceeding.” Torres v. Friedman (1985) 169 Cal.App.3d 880, 887. A parent may not be permitted to act in propria persona as guardian ad litem in court proceedings as it violates the prohibition against unauthorized practice of law. J.W. v. Superior Court (1993) 17 Cal.App.4th 958, 969. While a parent may represent herself and serve as Guardian ...

Excerpt: ...those terms are defined by Civ Code § 3294 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, asserting that Defendant slammed into the back of the driver's side of Plaintiff's vehicle. Complaint, page 5. Negligence, gross negligence or reckless conduct is insufficient to support a claim for punitive damages. Dawes v. Superior Court (1980) 1...

Excerpt: ...rofessional negligence. No leave to amend is granted as to the fourth cause of action. The Court grants fifteen days' leave to amend the fifth cause of action. Demurrer: 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.) First, Second and Third...

Excerpt: ...ction, or fails to produce documents for inspection. Cal Code Civ Procedure §2025.450. Cross‐Defendant Performance demonstrates substantial justification for failure to appear for the deposition due to a scheduling conflict, although Performance acknowledges that the objection was untimely filed. McDermed Declaration, ¶ 3‐5. However, it appears that Cross‐Defendant does not intend to proceed with the deposition given Performance's failure...

Excerpt: ...OT as it relates to Jewish Federation. Reply 1:25‐28. Therefore, the tentative addresses only the request for summary judgment by Defendant, Jewish Vocational Service (“JVS”). Plaintiff's evidentiary objections Pursuant to Cal. Code Civ. Proc. § 437c(q), when the court grants or denies a motion for summary judgment or summary adjudication, it need rule only on those objections to evidence that it deems material to its disposition of the mo...

Excerpt: ... report of the claimant's present condition, attached as Attachment 9. See Petition, ¶ 9. 1. Counsel is required to provide a declaration in support of the fee request discussing the applicable factors under Cal Rules of Court 7.955(b). Counsel is required to provide a copy of the retainer agreement. See Petition, ¶ 14.a. 2. The total of fees and expenses of $6,474.75 is incorrect. It does not account for reimbursement of medical expenses. Peti...

Excerpt: ...tiff's property damage, which Plaintiff asserts is between $2,000 ‐ $2,500. Opposition, 3:12‐14. 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...

Excerpt: ...Defendant may elect to limit and diminish Plaintiffs' damages pursuant to Section 3333.1. Cardin's Answer, 2:14‐20 Defendant, Banafsheh Yafeh, M.D. similarly asserted as a Second Affirmative Defense, that Defendant may elect to limit or diminish Plaintiffs' alleged damages or losses under Civil Code Section 3333.1 or 3333.2 and Cal. Code Civ. Proc. § 667.7. Yafeh's Answer, 2, 12‐14. Bifurcation is appropriate if doing so promotes convenience...

Excerpt: ...spute that Plaintiff claims she tripped while walking in the middle of the sidewalk. UF 5. Defendants do not own or maintain the sidewalk where Plaintiff tripped. UF 10. Defendants do not exercise any control over the public sidewalk where Plaintiff allegedly fell. UF 13. It is undisputed that the defects in the public sidewalk were caused by root growth underneath and along the sidewalk from the mature Jacaranda tree located in the parkway north...

Excerpt: ... no evidence of where the accident occurred, however, both Defendants submit declarations affirming that at the time of the accident, they both lived in Upland California, which is located in San Bernardino County. Declarations of Bianka Sandoval and Ricardo Marquez. The case is ordered transferred to San Bernardino County Superior Court. Plaintiff is ordered to pay transfer fees because the case was filed in the wrong court. Cal. Code Civ. Proc....

Excerpt: ...ction for battery are DENIED for reasons stated below. Leave to amend is permitted at the court's discretion upon any terms that may be just. Cal. Code Civ. Proc. § 473(a)(1). Cal Code Civ Procedure § 473. The court's discretion will usually be exercised liberally to permit amendment of the pleadings. Nestle v. Santa Monica, (1972) 6 Cal.3d 920. If the motion is timely made, and the granting of the motion will not result in prejudice to the opp...

Excerpt: ...w good cause for not seeking classification earlier. Cal. Code Civ. Proc. § 403.040(b)(2). The complaint was filed on 5/31/13. Defendant has filed this motion over 4 years and 6 months after the complaint was filed. Defendant's first Motion to Transfer to Limited Jurisdiction, which was not heard as the case was dismissed, was filed 3 years and 9 months after the case was filed. The Declarations of Elizabeth Lopez and Andrew Marton do not explai...

Excerpt: .... Plaintiffs Ramirez and Olivares are ordered to provide verified responses to Form Interrogatories and Demand for Production of Documents without objections within 20 days. Cal Code Civ Procedure § 2031.300, 2030.290. Defendant acknowledges that Plaintiff, Eusebio Gonzalez, belatedly served responses and verifications after Defendant incurred costs to prepare and file these motions. Reply re: Gonzalez, 2:7‐15. Therefore, an order compelling r...

Excerpt: ... Defendant the People of the State of California by and through the Department of Transportation (the “State”) (erroneously sued as the State of California) demurs to the complaint pursuant to Code of Civil Procedure § 430.10 et seq., on the ground that the complaint fails to allege facts with particularity as is required when alleging liability against a public entity. The State also argues that Plaintiff's exclusive basis of recovery is pu...

Excerpt: ...ination upon a showing of good cause. Multiple examinations are not “expressly restricted.” Shapira v. Superior Court (1990) 224 Cal. App. 3d 1249, 1250. There is good cause for a neurological and neuropsychological examination. Plaintiff claims a head injury among other physical injuries. Motion, Ex. A, 7:21. He was assessed as having mild traumatic brain injury. Motion, Ex. C, page 10. Plaintiff sought care from Robert J. Shorr, M.D., a neu...

Excerpt: ...ice. ...

Excerpt: ...nd cause for premises liability on the ground that it fails to state facts sufficient to constitute a cause of action. (CCP section 430.10(e).) South Bay and Macy's demur to Count Three - Dangerous Condition of Public Property on the ground that the premises on which Plaintiff was injured is private property, not public property. Thus, a claim for dangerous condition of public property is improperly alleged since the defendants are not public ent...

Excerpt: ...ff's injury and resulting damages. Merrill v. Navegar, Inc (2001) 26 Cal.4th 465, 477. The undisputed facts establish that Defendant, Yuridia Vasquez, did not cause Plaintiff's injuries. There is no dispute that this cases arises from a multi‐vehicle automobile accident that happened on 3/14/12. UF 1. Defendant Vasquez was proceeding eastbound on the I‐ 105 when an unknown driver in a Jeep pulled in front of her vehicle and came to a stop, ca...

Excerpt: ... P. Jacks, M.D. provided an estimate of future cost for psychiatric care totaling $118,900.00. There is no report discussing the Claimant's psychiatric‐related injury or how it was caused by the incident or a prognosis. Petition, Ex. 1. In contrast, the records provided by Kaiser Permanente for psychiatric care indicate that the Claimant's difficulty “may be related to her age and not to trauma that occurred.” See Attachment 9, page 708, In...

Excerpt: ...tiffs to post an undertaking to secure costs that may be incurred by Defendants if Defendants can show that Plaintiffs are non‐residents and there is a reasonable possibility that Defendants will obtain judgment. Cal Code Civ Procedure §1030. The intent of the statute is to prevent out‐of state residents from filing frivolous <008e01e400030004009200 0374037901e100030375>31. Plaintiffs do not dispute that they are residents of the United King...

Excerpt: ...tiffs to post an undertaking to secure costs that may be incurred by Defendants if Defendants can show that Plaintiffs are non‐residents and there is a reasonable possibility that Defendants will obtain judgment. Cal Code Civ Procedure §1030. The intent of the statute is to prevent out‐of state residents from filing frivolous <008e01e400030004009200 0374037901e100030375>31. Plaintiffs do not dispute that they are residents of the United King...

Excerpt: ...treatment, mental health treatment, abortion records, and genetic testing. Motion, Ex. D. Defendants rely on Miranda v. 21st Century Ins. Co. (2004) 117 Cal.App.4th 913, 918, which is inapposite. That case concerned a failure to obey an order for discovery and the question of jurisdiction in an uninsured motorist arbitration. The Defendant sought discovery under the Insurance Code. Miranda v. 21st Century Ins. Co. (2004) 117 Cal.App.4th 913, 918 ...

Excerpt: ...ted facts establish that Defendant Salas did not engage in extreme or outrageous conduct sufficient to support the claim for intentional infliction of emotional distress. Agarwal v. Johnson (1979) 25 Cal.3d 932, 946. “Extreme and outrageous conduct” is that conduct that “is the most extremely offensive.” Yurick v. Superior Court (1989) 209 Cal.App.3d 1116, 1129. The undisputed facts establish that on 10/24/15, Plaintiff was in his vehicle...

Excerpt: ...fered any prejudice from the late receipt of the opposition. Carpenter v. Superior Court (2006) 141 Cal.App.4th 249, 258. The motion is prematurely made. Defendant's reply concedes he did not serve a demand for physical examination as required by Cal. Code Civ. Proc. §2032.210, instead arguing (incorrectly) that such a demand would be premature. Reply 2:26‐27. A demand for physical examination may be made without leave of court so long as the ...

Excerpt: ...perly accomplished. If personal service of the summons and complaint cannot be made with “reasonable diligence,” substituted service may be made by leaving the documents at the person's home or office or usual mailing address, in the presence of a member of person in charge. Cal. Code Civ. Proc. § 415.20(b). The process servers, P. Chhay and S. Delgado, declare that personal service was diligently attempted, but could not be accomplished. Op...

Excerpt: ...tion v. Superior Court (1992) 5 Cal.App.4th 1480, 1484 for the contention that the complaint must be alleged with specificity. That case is inapposite, as it involved a statutory claim against a governmental entity, which does require that the complaint be pled with specificity. People ex rel. Dept. of Transportation v. Superior Court (1992) 5 Cal.App.4th 1480, 1484. Defendants also rely on Esparza v. Kaweah Delta District Hospital (2016) 3 Cal.A...

Excerpt: ...itute in “Estate of Frances V. Williams, Deceased in the place of deceased Defendant, Frances V. Williams. Probate Code Sections 550‐555. Plaintiff's action against Defendant is not lost by reason of Defendant's death. Cal. Code Civ. Proc. 377.20. Further proceedings shall be brought against the estate of the deceased. Prob. Code, § 552 Under the Probate Code, Plaintiff can continue the action against the estate without having to file a cred...

Excerpt: ...or the claim against him. (See Semole v. Sansoucie (1972) 28 Cal. App. 3d 714, 721.) A motion to strike lies either (1) to strike any irrelevant, false or improper matter inserted in any pleading; or (2) to strike any pleading or part thereof not drawn or filed in conformity with the laws of this state, a court rule or order of court. (CCP § 436.) Uncertainty Pineda and Phillips (jointly the “Demurring Party”) demur to the complaint pursuant...

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: ...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: ...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: ...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...

Excerpt: ...ny prejudice from the late filing. Kapitanski v. Von's (1983) 146 Cal.App.3d 29, 32; Mann v. Crachiolo (1985) 38 Cal.3d 18, 30. Defendants' timely exchanged their expert witness information on the due date, in compliance with Cal. Code Civ. Proc. § 2034.610(a); Motion, Ex. C. Plaintiffs have not established that this motion is untimely made. The motion may be made in a “sufficient time in advance of the time limit for the completion of discove...

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: ...om the late filing. Carpenter v. Superior Court (2006) 141 Cal.App.4th 249, 258. Defendants are asking for a neuropsychological examination. Mental examinations and those exams other than that described under Section 2032.220 require leave of court and are governed by Cal. Code Civ. Proc. §2032.310. The motion must specify, time, place, manner, conditions, scope and nature of the examination, and the identity and specialty of the person who will...

Excerpt: ...The related cases arise from two different incidents, however, claims can be properly joined in one action if, as here, Plaintiff is asserting a right to relief against the same Defendant, arising from a series of occurrences. The extent of Plaintiff's injury arising from Defendant's conduct overlaps in both actions. Cal. Code Civ. Proc. § 378. The requirement that the right to relief arise from the “'same transaction or series of transactions...

Excerpt: ... establishing that the settlement was not made in good faith, ie., that the settlement is “out of the ballpark” in relation to the relevant factors to be inconsistent with the equitable objectives of Cal. Code Civ. Proc. § 877.6. Tech‐Bilt Inc. v. Woodward Clyde Associates (1985) 38 Cal.3d 488, 501; Cal. Code Civ. Proc. § 877.6(d); City of Grand Terrace v. Superior Court (1987) 192 Cal. App. 3d 1251, 1261‐1262. The court considers a num...

Excerpt: ...ns 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.) A motion to strike lies either (1) to strike any irrelevant, false or improper matter inserted in any pleading; or (2) to strike any pleading or part thereof not drawn or filed in conformity with the laws of this state, a ...

Excerpt: ...obtain new dates for Defendant's deposition with each subsequent notice. Quiroga Declaration, ¶¶ 4, 8, 10. Plaintiff has shown good cause for the order. Cal. Code Civ. Proc. 2025.450(b)(2). Defendant has not shown substantial justification for unilaterally cancelling Defendant's deposition set for 11/6/17, when this was the date provided by defense counsel after three months of Plaintiff's attempts to schedule the deposition. Motion, Ex. 8. Mr....

Excerpt: ... otherwise, they file motions at the last minute that may or may not arrive at the department in time for the hearing. The statute is mandatory. “Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. … .” Cal. Code Civ. Proc. § 1005(b). The motion should have been filed by 12/8/17, but was filed on 12/20/17. ...

Excerpt: ...e. Counsel does not state whether this case was particularly complex or otherwise required certain skill. While this was a contingency fee case, costs were relatively minimal. Other than commencing the case and negotiating settlement, counsel took the deposition of Defendant, defended claimant's deposition, attended a witness deposition and conducted discovery. The case was commenced on 8/22/16 and this petition was filed on 11/2/17. No appearanc...

Excerpt: ...icated, Defendant must 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. Defendant is not entitled to information concerning Plaintiff's entire lifetime medical history. Britt v. Superior Court (1978) 20 Cal.3d 844, 864. The scope of permitted inquiry “depend...

Excerpt: ...signed by the parties personally, by the litigants, not their attorneys.Levy v. Superior Court (1995) 10 Cal.4th 578, 584. The only agreement signed by the Plaintiffs is dated 5/1/17 to which the parties agreed at mediation with Judicate West. Motion Ex. A. Defendant is attempting to enforce subsequent written agreements including additional terms. Motion, Exhibits B and C. The court's power is limited to determining whether the parties entered i...

Excerpt: ...uld pay less in settlement and the sedttlor's financial condition and insurance policy limits. Tech‐Bilt Inc. v. Woodward Clyde Associates (1985) 38 Cal.3d 488, 498 However, these factors are not to be rigidly applied. North County Contractor's Assn. v. Touchstone Ins. Services (1994) 27 Cal. App. 4th 1085, 1090. The court is required to make an “educated guess” as to whether settlement approximates the settling Defendants' apportionmen...