Excerpt: ...ing negligence. Plaintiff alleges that on April 5, 2017, Plaintiff was injured at Martin Luther King Jr. Elementary School when he was exposed to dangerous objects on the playground of the school during a period of no supervision. On December 6, 2017, Defendant filed a demurrer to Plaintiff's complaint. The court has considered the moving papers, as no opposition was filed. // // DISCUSSION Meet and Confer Requirement CCP section 430.41(a) requir...

Excerpt: ...ndant”) as Doe 1. Plaintiff alleges that a stent was left in her body, as the result of a surgical procedure performed by defendants, for 13 years. After the stent was found, it was removed on August 23, 2015. On December 18, 2017, Defendant filed a demurrer to the complaint. The court has considered the moving papers, as no opposition has been filed. DISCUSSION Meet and Confer Requirement Before filing a demurrer, the demurring party is requir...

Excerpt: ... Negligence. Plaintiff alleges that on January 17, 2015, she tripped and fell on a “dangerous condition on the sidewalk” causing her to suffer injuries. On October 3, 2017, Defendant the City filed a demurrer to Plaintiff's complaint. The court sustained the demurrer as to the first cause of action with 20 days leave to amend. In addition, the court sustained without leave to amend as to the second cause of action. On November 21, 2017, Plain...

Excerpt: ... Special Interrogatories, set one; and (2) Production of Documents, set one. On December 4, 2017, counsel for both parties participated in an Informal Discovery Conference (“IDC”). The Court's notes with respect to the IDC indicate that the parties resolved their discovery dispute, subject to the receipt of code compliant responses. It is likely that the parties may have agreed to a resolution of many of the substantive issues presented by wa...

Excerpt: ...he subject incident occurred at 530 Bogue Road, Yuba City, CA 95991. (Compl. at p.5.) The complaint, filed on June 7, 2017, alleges causes of action for premises liability and general negligence. Defendant Tower Energy Group, dba Tower Market (“Tower”) filed an answer on November 6, 2017. Tower moves for an order for change of venue of this matter to Yuba County Superior Court. The motion is opposed. LEGAL STANDARD A motion to change venue on...

Excerpt: ...tiff alleges that on January 25, 2017, Defendant negligently operated his motor vehicle and caused a collision with Plaintiff's vehicle. On December 12, 2017, Defendant filed a demurrer to the FAC alleging that the claims are barred by res judicata and collateral estoppel. The court has considered the moving and opposition papers. DISCUSSION Meet and Confer Requirement Before filing a demurrer, the demurring party is required to meet and confer w...

Excerpt: ...ornia Hospital at Culver City and Prospect Medical Holdings, Inc. Plaintiff is the father of Decedent Gilbert Mendoza Contreras (“Decedent”). Plaintiff alleges that Defendants were negligent in their care of Decedent when he was in their care and custody in November 2015. Decedent passed away on November 23, 2015. Defendant Southern California Hospital at Culver City (“SCHCC”) moves for summary judgment on the grounds that: (1) the medica...

Excerpt: ...”), alleging causes of action for (1) Negligence and Medical Negligence, and (2) Negligent Infliction of Emotional Distress. On December 11, 2017, Defendant Zulim filed a demurrer to Plaintiff's complaint. Plaintiff alleges that during surgical procedures on October 9 and 10 of 2016, it was discovered that Plaintiff had a foreign object in her body as the result of a procedure previously performed by Defendants. Plaintiff contends that the pres...

Excerpt: ...7, alleges causes of action for: (1) violation of the Jones Act; (2) negligence; (3) breach of warranty of seaworthiness; and (4) maintenance and cure. Defendants have not yet filed an answer. Tidewater Marine Western, Inc. (“Tidewater”) moves for an order changing venue of this matter to the Ventura County Superior Court. The motion is not opposed. LEGAL STANDARD A motion to change venue on the basis that the designated court is the “wrong...

Excerpt: .../Defendant's employee's negligence in operating the bus. The complaint was filed on February 8, 2017. The first amended complaint (“FAC”), filed August 16, 2017, alleges causes of action for: (1) negligence; (2) negligence by common carrier; and (3) res ipsa loquitur. Defendant filed an answer on October 2, 2017. Defendant moves for judgment on the pleadings as to the third cause of action in the FAC. The motion is not opposed. LEGAL STANDARD...

Excerpt: ...Defendants' school. The complaint was filed on May 8, 2017. The operative first amended complaint, filed June 22, 2017, alleges causes of action for negligence and premises liability. Defendants Fenton Charter Public School and Santa Monica Blvd Community Charter School (“Defendants”) move for a court order that Plaintiff provide an executed release for her medical records subpoenaed from the Department of Veterans Affairs (“VA”). Plainti...

Excerpt: ...ies and neurological damages. Plaintiff moves the Court for an order confirming that the present trial date of October 5, 2018 as a preferential trial date, pursuant to CCP §36(b) and (g). Defendant Kaiser Foundation Hospitals and Southern California Permanente Medical Group (“Kaiser”) filed a notice of non- opposition to Plaintiff's motion. In the notice of non-opposition, Kaiser does not oppose Plaintiff's motion but requests that the tria...

Excerpt: ...d Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion with regard to denying a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) CRC, Rule 3.1332 provides guidance and factors for the Court to apply in making a determination on whether to grant a motion to continue trial. <0048005b004c0056005700 00510057000300570052> CRC, Rule 3.1332 because the parties agree that additional time is necessary...

Excerpt: ...Zamora”). Defendant Hilda Velasquez allegedly owned and entrusted the subject vehicle to Zamora. The complaint, filed June 1, 2017, alleges causes of action for motor vehicle, general negligence, and exemplary damages. Defendants move to strike allegations for punitive damages from Plaintiffs' form complaint. Plaintiffs oppose. DISCUSSION Taylor v. Superior Court (1979) 24 Cal.3d 890 (“Taylor”) is instructive with respect to this set of fac...

Excerpt: ...t”) store. The complaint, filed March 22, 2017, alleges causes of action for general negligence and premises liability. Defendant filed 3 motions to compel responses from Plaintiff for: (1) Form Interrogatories (“FROG”), set one; (2) Special Interrogatories (“SROG”), set one; and (3) Demand for Production of Documents (“DPD”), set one. Defendant also filed a motion to compel Plaintiff to appear and testify at her deposition. The mot...

Excerpt: ...t to note that on August 27, 2015, Plaintiff first filed an action against Bruckheimer J & L Family Trust, Jerry Bruckheimer, Linda Bruckheimer, and Charles Fitzer in Case No. BC592624. The parties in that action attended a private mediation on November 2, 2016, and the parties reached a settlement on November 4, 2016. Thereafter, Plaintiff filed a request for dismissal with prejudice against Bruckheimer J & L Family Trust, Jerry Bruckheimer, Lin...

Excerpt: ...gence; (3) breach of express warranty; (4) breach of implied warranty; (5) fraud; (6) fraudulent concealment; (7) violation of Bus. & Profs. Code, §17200; (8) violation of Bus. & Profs. Code, §17500; and (9) loss of consortium. On November 6, 2017, McKesson filed a motion for leave to file an untimely answer. McKesson states that it has conferred with Plaintiffs about this motion and that Plaintiffs do not object to McKesson filing an untimely ...

Excerpt: ...equiring a continuance.” (In re Marriage of Falcone and Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion with regard to denying a request for a trial continuance. (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.) CRC, Rule 3.1332 provides guidance and factors for the Court to apply in making a determination on whether to grant a motion to continue trial. Defendants argue that good cause exists pursuant to CRC, Rule 3.13...

Excerpt: ...lleges causes of action for: (1) premises liability; and (2) negligence. On November 2, 2017, the parties attended an Informal Discovery Conference (“IDC”) regarding the discovery in dispute. The parties resolved their discovery disputes subject to the receipt of code compliant responses. Following the IDC, Defendant requested that Plaintiff provide further responses by November 16, 2017. On November 16, 2017, Defendant filed 3 motions to com...

Excerpt: ... 2017, alleging causes of action for: (1) premises liability; (2) dangerous condition of public property pursuant to Government Code, §835; and (3) loss of consortium. Defendant La Terrazza Homeowners Association (“La Terrazza”) moves to compel the mental examination of Plaintiff Norah Debellis. LEGAL STANDARD CCP §2032.310 provides that if any party desires to obtain discovery by a physical (other than as described in section 2032.210) or ...

Excerpt: ...nt. The complaint was filed on May 17, 2017. The First Amended Complaint (“FAC”), filed October 3, 2017, alleges causes of action for: (1) negligence; (2) res ipsa loquitur negligence; (3) negligence per se; (4) strict liability; and (5) violation of PUC Code §2106. Defendant Southern California Edison Company (“Edison”) moves to strike allegations for punitive damages from the FAC. Plaintiff opposes. DISCUSSION The court may, upon a mot...

Excerpt: ... injured when struck by Defendant Jessica Lawson's (“Lawson”) vehicle. Gitova filed an action in BC582591, against Lawson, Achola, Michal D. Green, and Pei Hua Wang. Achola filed a separate action in BC582633, against Lawson. The actions have been related and consolidated. Trial is set for February 16, 2018. Lawson moves to reclassify this consolidated case to limited jurisdiction. Under case number BC582591, Achola, through counsel Veatch Ca...

Excerpt: ...ges causes of action for motor vehicle and general negligence. Specially Appearing Defendant moves to quash the purported service of the summons and complaint. Plaintiff opposes. LEGAL STANDARD CCP §415.20(b) provides: “If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served … a summons may be served by leaving a copy of the summons and complaint at the person's dwelling ...

Excerpt: ... vehicle, and Defendant Derick James Boyd II. Defendants Penske Truck LSG Co. LP and Kaitlin Daisy Butler (“Butler”) are alleged to be the owner of the motor vehicles in this action or the employers of the driving defendants. The subject accident occurred on June 14, 2014. The complaint, filed May 25, 2016, alleges causes of action for motor vehicle and general negligence. Butler filed three discovery motions against Plaintiff—two motions t...

Excerpt: ...o CRC Rule 3.1362. Counsel properly served Plaintiff Mark Smith at his last known mailing address, which was confirmed by mail, return receipt requested, within the past 30 days of filing the motion. Defense counsel was also served with the motion by mail. Counsel declares there is an irreparable breakdown in the attorney-client relationship, so that Counsel is unable to adequately and competently represent Plaintiff. There are no other hearing d...