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Judge: Rizk, Georgina x
2019.9.30 Motion to Reopen Discovery for Limited Purpose 041
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.30
Excerpt: ... seeking discovery, the likelihood that permitting discovery will prevent the case from going to trial, and resulting prejudice to any other party, among other things. Cal Code Civ Procedure § 2024.050. The court's file reflects that Defendant's motion to compel Plaintiff to submit to an Independent Examination with a neuropsychologist was DENIED on 6/11/19. (Defendants' Motion to Reopen seeks to obtain both a neurological and neuropsychological...
2019.9.30 Motion to Consolidate 874
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.30
Excerpt: ...E ERROR IN THE PROOF OF SERVICE WAS A CLERICAL MISTAKE. Plaintiff moves for an order to consolidate a contractual uninsured motorist arbitration with <0128015d016f011e011a03 5800030003> In this action, Plaintiff alleges that on June 15, 2017, she was injured in a car collision as result <019a015a011e0003015d01 01100110015d011a011e>nt, Plaintiff was in another accident that allegedly aggravated or exacerbated Plaintiff's injuries and damages. Plai...
2019.9.30 Motion to Compel Depositions of PMQs 537
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.30
Excerpt: ...ut having served a valid objection, or fails to produce documents for inspection. Cal Code Civ Procedure §2025.450. Defendant was obligated to “designate and produce” a person most qualified to testify. Code Civ. Proc., § 2025.230. Defendant objected on grounds the deposition was unilaterally set. The objection was timely made on 8/19/19, three calendar days before the date of the deposition on 8/22/19. Cal Code Civil Procedure § 2025.410(...
2019.9.30 Motion for Summary Judgment 547
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.30
Excerpt: ...tions requiring the defendants to cease the procedure and repair the complications. Complaint Para. 12. “The complications include, but were not limited to, severe lacerations to Mr. Murillo's genital are and other nearby organs caused by the conduct of Defendants and Does 1‐ 100.” Id. (typographical errors corrected and all caps eliminated). The complaint repeatedly refers to Mr. Murillo's injury as “lacerations to Mr. Murillo's genital ...
2019.9.27 Motion for Summary Judgment 316
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.27
Excerpt: ...F 1. The City of Glendale owns the property where the subject tree was located. UF 3. Plaintiff asserts one cause of action for negligence against Defendant, WCA. The City is responsible for any maintenance needed on trees in the open space, wilderness area including the subject tree. UF 6. The City would inspect, trim or prune a tree in the area, including the subject tree if there were any concerns, requests or inquiries regarding that tree. UF...
2019.9.26 Motion for Summary Judgment 248
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.26
Excerpt: ...s tree branch crashed onto their car. The tree was located on a parkway between the sidewalk and the street in front of an apartment building owed by Raintree. The law imposes a duty on a person owns, possesses or controls property to use due care to prevent injuries to others. See, e.g., Alcaraz v. Vece (1997) 14 Cal. 4th 1149. Conversely, “[a] defendant cannot be held liable for the defective or dangerous condition of property which it [does]...
2019.9.25 Motion for Summary Judgment 361
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.25
Excerpt: ...he undisputed facts establish that on January 14, 2017 at about 6:30 p.m. Defendant was hanging out with a friend in the front of Smitty's Liquors when an unknown man appeared from a nearby alley yelling that someone was coming to shoot. UF 1-2. Defendant ran to his vehicle when he heard about five gunshots from the area near the front of the store. UF 3. He got into his vehicle and drove out of the parking lot. UF 5. While driving southbound on ...
2019.9.25 Motion for Summary Judgment 758
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.25
Excerpt: ... her left hip. UF 1-2. On 5/2/16, paramedics transferred Plaintiff to Glendale Adventist Medical Center. UF 10. Plaintiff underwent X-rays of her left hip and was informed that the X-rays showed that her bone was not broken. UF 11-13. On 6/6/16, Plaintiff went to see an orthopedic surgeon, Jai Lee, M.D, because she continued to experience pain. UF 27-28, 30. Dr. Lee obtained X-rays of Plaintiff's left hip and pelvis. UF 32. On 6/6/16, Dr. Lee tol...
2019.9.24 Motion for Summary Judgment, Adjudication 305
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.24
Excerpt: ...t liability – design defect. On December 9, 2019, Plaintiff Abigail Bolde was driving on the freeway when a seven-foot portion of a truck's exhaust pipe broke off and fell onto the freeway and was hit by a passing vehicle. The pipe was thrown airborne and broke through Plaintiff's front windshield, striking her on the head and causing severe injuries. The truck was a 2011 International Prostar tractor manufactured by Navistar. Plaintiff contend...
2019.9.24 Motion to Augment and Amend Written Exchange of Required Expert Witnesses, to Reopen Discovery Proceedings 969
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.24
Excerpt: ...aintiff contends this substitution is necessary because Dr. Giacobetti's office informed Plaintiff's counsel on June 25, 2019 (the date for which trial had previously been set) that Dr. Giacobetti did not intend to appear for trial. Counsel had understood that Dr. Giacobetti would be voluntarily appearing and thus no subpoena had been issued. When these circumstances were explained to the Court, the Court granted a continuance to November 5, 2019...
2019.9.24 Motion to Strike or for Judgment on the Pleadings 564
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.24
Excerpt: ... the parties' meet and confer efforts be filed along with the motion. Cal Code Civil Procedure § 435.5. The alternative request for judgment on the pleading is DENIED. Plaintiff is entitled to judgment if the complaint states facts sufficient to constitute a cause of action and the answer does not state facts to constitute a defense. Cal Code Civil Procedure §438(c)(1)(A). Grounds for the motion must appear on the face of the pleading or from m...
2019.9.24 Demurrers 280
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.24
Excerpt: ...each of these claims. I. SECOND CAUSE OF ACTION FOR PREMISES LIABILITY Under the Government Claims Act, “[a] public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person” unless specifically authorized by statute. Cal. Gov. Code 815(a); see also De Villers v. County of San Diego (2007) 156 Cal. App. 4 th 238. Government Code section 835 sets out t...
2019.9.23 Motion for Summary Judgment, Adjudication 473
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.23
Excerpt: ... alleges that Defendant Efrain Munoz (sometimes referred to as “Efrain”) was negligent in hiring and supervising Adan. Plaintiff further alleges that the Homeowners “knew or should have known that Efrain Munoz's employees were nonskilled and would not be closely supervised, thereby creating a need for adequate security measures at the site.” Based on these alleged facts, Plaintiff purports to assert four causes of action: (1) negligent su...
2019.9.23 Demurrer 379
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.23
Excerpt: ...4) strict products liability. Defendants demur to the third cause of action on the ground that reckless misconduct and gross negligence do not constitute causes of action that are distinct from general negligence under California law. The Court agrees that there is no separate cause of action for gross negligence under California law. See, e.g., Eriksson v. Nunnick (2011) 191 Cal. App. 4 th 826, 856. However, the third cause of action simply sets...
2019.9.18 Motion to Compel Release of School and Medical Records 715
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.18
Excerpt: ... statute, nor does not address the court's discretion to require a party to sign a release for confidential records. As Plaintiff's authority makes clear, the court cannot create new methods of discovery that are not set forth in the Discovery Act. The court's powers are limited by the express language of the Act. In Holm v. Superior Court (1986) 187 Cal.App.3d 1241, the court refused to order a body <00890083008e0003008300 0003008b009000030096>h...
2019.9.18 Motion to Compel IME 504
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.18
Excerpt: ...that described under Section 2032.220 require leave of court and are governed by Cal. Code Civ. Proc. §2032.310. 2. There is good cause to compel an examination based on the injuries Plaintiff has placed at issue. Plaintiff does not dispute that she suffered a traumatic brain injury (among other things) as a result of the accident. Opposition, 1:24- 25. “Good cause” is established where there are specific facts justifying discovery and the i...
2019.9.18 Motion for Summary Judgment, Adjudication 304
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.18
Excerpt: ...ght, went to Defendant's hospital for a proposed surgery to remove spinal hardware from her lumbar spine. UF 5. The surgery <008900870094009b01e100 0090009601ef00950003>employee, Nurse Gloria Deitrick, continued to chart progress notes every two hours with no change in the Plaintiff's condition. UF 17. On 2/21/16 at 17:37, Nurse Deitrick noted Plaintiff's confusion and inability to follow direction. UF 20. At 19:15 following a shift change, Nurse...
2019.9.18 Motion to Vacate Default, for Leave to Defend Action 212
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.18
Excerpt: ...r the Defendant. Brown v. Williams (2000) 78 Cal.App.4th 182, 187 fn. 4.Brown v. Williams (2000) 78 Cal.App.4th 182, 187. A void judgment can be set aside at any time, without any time limitation. Plaza Hollister Ltd. Partnership v. County of San Benito (1999) 72 Cal.App.4th 1, 19. Plaintiff bears the burden of proving that service was properly accomplished. Ziller Electronics Lab Gmbh v. Superior Court (1988) 206 Cal. App. 3d 1222, 1232-1233; Di...
2019.9.18 Motion to Dismiss Complaint 264
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.18
Excerpt: ...l Union v. International Brotherhood of Teamsters (1978) 87 Cal.App.3d 225, 228. Schumpert v. Tishman Co. (1988) 198 Cal.App.3d 598, 601; Del Junco v. Hufnagel (2007) 150 Cal.App.4th 789, 796 (discovery sanctions); Visco v. Abatti (1983) 144 Cal.App.3d 904, 908; Scarzella v. DeMers (1993) 17 Cal.App.4th 1762; City of Los Angeles v. Gleneagle Dev. Co. (1976) 62 Cal.App.3d 543. 2. Dismissals for failure to serve within three years is mandatory in n...
2019.9.17 Motion to Strike Mandatory Duty Allegations 384
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.17
Excerpt: ...omplaint, Plaintiff alleges a number of statutes to support the claim against Defendant City, since public entities are liable only as provided for by statute. Gov Code § 815. Among those statutes, Plaintiff includes Gov Code § 815.6, which provides for liability against a public entity for failure to discharge a mandatory duty imposed by an enactment. Gov Code § 815.6. Defendant misconstrues the complaint as Plaintiff is not including portion...
2019.9.17 Motion for Summary Judgment 381
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.17
Excerpt: ...3/19. Cal Code Civil Procedure § 437c(b)(2). Plaintiff served the opposition by mail on 9/4/19. Contrary to Defendant's argument in Reply, the deadline for the opposition is not increased by five calendar days for service by mail under Cal Code Civil Procedure § 1013(a). The statute expressly states that “Sections 1005 and 1013, extending the time in which a right may be exercised or an act may be done, do not apply to this section.” Cal Co...
2019.9.16 Motion to Quash Subpoenas 843
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.16
Excerpt: ...algreen's Pharmacy. Ex. 6. 5. Blue Shield of California. Ex. 7. 6. Anthem Blue Cross. Ex. 8 7. Aetna Health of California. Ex. 9. 8. Promart Industries, Ex. 10 9. Aramco Imports, Ex. 11. 10. Silver Spur Corporation, Ex. 12. 1. Procedural issues Contrary to Defendant's argument, nothing in Gov Code § 70617 requires Plaintiff to file 10 separate motions to quash 10 different subpoenas. Gov Code § 70617 sets filing fees for various motions, includ...
2019.9.16 Motion for Summary Judgment 996
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.16
Excerpt: ...obile accident on 1/10/16. UF 1. Defendant Rai was driving the vehicle that was rented from Defendant, Rental Car Finance, LLC (“Rental”). UF 2. Rental owned the vehicle. UF 3. Rai was driving the rental vehicle with Rental's permission. UF 4. 2. The Graves Amendment precludes vicarious liability against the owner of a motor vehicle that rents a vehicle to a person who then harms another person unless there is independent negligence on the pa...
2019.9.16 Motion to Augment Expert Witness List 875
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.16
Excerpt: ...st find that Plaintiff would not in the exercise of reasonable diligence have determined to call that expert, or the failure to call that expert was due to mistake, inadvertence, surprise, or excusable neglect. Cal Code Civil Procedure § 2034.620(c). Cal. Code Civ. Proc. § 2034.620. Plaintiff could not have determined to call a different orthopedic surgeon, since Dr. Rabbani, Plaintiff's treating orthopedic surgeon, verbally committed to be des...
2019.9.10 Motion to Strike Punitive and Exemplary Damages 669
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.10
Excerpt: ...a claim for punitive damages, Plaintiff must allege facts and circumstances showing conduct constituting malice, fraud or oppression. Grieves v. Superior Court (1984) 157 Cal. App. 3d 159, 166. The predicate acts to support a claim for punitive damages must be intended to cause injury or must constitute “malicious conduct,” defined as “despicable conduct” carried on by Defendant with a willful and conscious disregard of the rights of othe...
2019.9.10 Motion for Summary Judgment 631
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.10
Excerpt: ...eges one cause of action for premises liability with Count One for Negligence, Count Two for Willful Failure to Warn, and Count Three for Dangerous Condition of Private Property. Defendant's Request for Judicial Notice, Ex. A. Premises liability is a form of negligence, which requires a premises owner to exercise ordinary care in the management of the premises to avoid exposing others to an unreasonable risk of harm. Brooks v. Eugene Burger Manag...
2019.9.10 Motion for Leave to Submit to Second Physical IME 543
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.10
Excerpt: ...il Procedure § 2032.210 upon a showing of good cause. Code Civ. Proc., § 2032.310(a); Cal Code Civil Procedure § 2032.320(a). Defendant has shown good cause to require Plaintiff to submit to a second examination by Andrew Fox, M.D., a specialist in neurological surgery. Defendant is not limited to one examination. Multiple examinations are permitted on a showing of good cause. Shapira v. Superior Court (1990) 224 Cal.App.3d 1249, 1255. “Good...
2019.9.9 Motion to Contest Application for Good Faith Settlement 009
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.9
Excerpt: ...th has the burden on that issue. L. C. Rudd & Son, Inc. v. Superior Court (1997) 52 Cal.App.4th 742, 748. The settling party need only demonstrate that a settlement has been made. The burden shifts to the contesting party to demonstrate that the settlement does not meet the Tech-Bilt factors.City of Grand Terrace v. Superior Court (1987) 192 Cal. App. 3d 1251, 1261-1262. 2. The court considers a number of factors to determine whether settlement w...
2019.9.5 Motion to Strike Punitive and Exemplary Damages 669
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.5
Excerpt: ... conduct constituting malice, fraud or oppression. Grieves v. Superior Court (1984) 157 Cal. App. 3d 159, 166. The predicate acts to support a claim for punitive damages must be intended to cause injury or must constitute “malicious conduct,” defined as “despicable conduct” carried on by Defendant with a willful and conscious disregard of the rights of others. Civ Code § 3294(a). Oppressive conduct is defined as “despicable conduct” ...
2019.9.4 Motion for Summary Judgment 796
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.4
Excerpt: ...laintiff filed an Amendment to Complaint substituting Doortech Com, Inc. dba Doortech for Doe 1 pursuant to Cal Code Civil Procedure § 474. UF 21. Generally, an amended complaint relates back to the filing of the original complaint to avoid the bar of the statute of limitations, if the amended complaint seeks recovery for the same general set of facts. Smeltzley v. Nicholson Mfg. Co. (1977) 18 Cal.3d 932, 934. The “same general set of facts”...
2019.9.3 Motion for Summary Adjudication 421
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.3
Excerpt: ...nts, Phillip Cabasso, M.D. and Phillip Cabasso, M.D. a Medical Corporation, as it filed one day late is OVERRULED. The statute provides that the opposition “shall be served and filed not less than 14 days prior to the hearing” which was 8/13/19. The Cabasso opposition was served and filed on 8/14/19. Cal Code Civil Procedure § 437c(b)(2). Notwithstanding, the court has broad discretion “to regulate the submission of materials in connection...
2019.9.3 Motion for Summary Judgment 617
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.3
Excerpt: ... Plaintiff filed an amendment adding Action Messenger Service as Doe 1. The parties' evidentiary objections are OVERRULED. 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 motion. Objections to evidence that are not ruled on for purposes of the motion are preserved fo...
2019.9.3 Motion for Summary Judgment, Adjudication 569
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.9.3
Excerpt: ...n of the following claims against Defendant, Abdul Koroma (“Koroma”): Issue 3 (3rd cause of action for negligence), Issue 4 (4 th cause of action for negligence per se), and Issue 5 (5 th cause of action for premises liability). On 8/21/19, the court GRANTED Defendant Koroma's Motion for Summary Judgment with respect to the 2 nd, 3 rd, and 5 th causes of action. Accordingly, Plaintiff's motion is rendered moot with respect to those causes of ...
2019.8.29 Motion to Contest Application for Good Faith Settlement 009
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.29
Excerpt: ...has the burden on that issue. L. C. Rudd & Son, Inc. v. Superior Court (1997) 52 Cal.App.4th 742, 748. The settling party need only demonstrate that a settlement has been made. The burden shifts to the contesting party to demonstrate that the settlement does not meet the Tech-Bilt factors.City of Grand Terrace v. Superior Court (1987) 192 Cal. App. 3d 1251, 1261-1262. 2. The court considers a number of factors to determine whether settlement was ...
2019.8.29 Motion for Summary Judgment 617
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.29
Excerpt: ...dentiary objections are OVERRULED. 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 motion. Objections to evidence that are not ruled on for purposes of the motion are preserved for appellate review. “(q) In granting or denying a motion for summary judgment or summa...
2019.8.29 Motion for Summary Judgment 830
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.29
Excerpt: ...nt conduct and the resulting injury; and (4) actual loss or damage resulting from the professional's negligence.” (Simmons v. West Covina Medical Clinic (1989) 212 Cal.App.3d 696, 701-02 [citations omitted].) “Both the standard of care and defendants' breach must normally be established by expert testimony in a medical malpractice case.” (Avivi v. Centro Medico Urgente Medical Center (2008) 159 Cal.App.4th 463, 467.) Thus, in a medical malp...
2019.8.27 Demurrer, Motion to Strike 827
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.27
Excerpt: ...separate cause of action. Quiroz v. Seventh Ave. Center, (2006) 140 Cal. App. 4th 1256, 1285. However, the fact that Plaintiffs alleged negligence per se as separate causes of action in subparts does not make the complaint fatally defective or uncertain. Its inclusion as a separate claim places Defendants on notice that Plaintiffs are relying on Vehicle Code §§ 22350, 23152 and 23153 to support a presumption of negligence. A pleading is adequat...
2019.8.27 Motion to Compel Signing of Authorizations for Release of Veterans' Medical Records, for Subpoena of Records 766
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.27
Excerpt: ...identiality of medical records, and that such records may only be disclosed as provided by statute. 38 U.S.C.A. § 7332 (West). The records can be disclosed by the Secretary without the consent of Plaintiff if ordered by the court upon a showing of good cause.38 U.S.C.A. § 7332(b) (West). 2. Defendant argues that Cal Code Civil Procedure § 1985.3 authorizes the court to compel a party to sign an authorization for the release of records. That st...
2019.8.27 Motion to Set Compensation of Expert Witness 371
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.27
Excerpt: ...ert. Cal Code Civil Procedure § 2034.470. During the meet and confer process, either Plaintiff or the expert is statutorily required to provide Defendant with proof of the ordinary and customary fee actually charged for similar services, frequency that the fee has been charged and the total number of times the demanded fee has ever been charged. The statute does not distinguish between whether the expert is retained or non-retained. Cal Code Civ...
2019.8.26 Motion for Summary Judgment, Adjudication 722
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.26
Excerpt: ...GS1 provided security-related services to the complex at which the incident occurred pursuant to the terms of an agreement between GS1 and E&S Ring Management, acting as agent for the property owner. UF 1. Plaintiff exited the spa and the spa area without putting on the shoes that he had brought with him. He had wet feet. UF 8, 9. The complaint alleges one cause of action for negligence. 3. Defendant is in a “special relationship” with Plaint...
2019.8.23 Motion for Summary Adjudication 045
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.23
Excerpt: ...Procedure § 437c(p)(2). (The claim for declaratory relief based on the duty to defend is alleged in the 6 th cause of action of the ICE Cross-Complaint, not the 5 th, as ICE argues). 1. The court can adjudicate the issue of whether Hart owes a duty to defend ICE against Plaintiff's claims by way of summary adjudication.Linden Partners v. Wilshire Linden Associates (1998) 62 Cal.App.4th 508, 519. A motion for summary adjudication may properly be ...
2019.8.23 Motion to Determination as to Applicability of MICRA 453
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.23
Excerpt: ...ability of MICRA based on stipulated facts. Canister at 393, 407. The appellate court in Canister considered the new question on appeal -- whether EMTs are “health care providers” for the purposes of the MICRA statute – because the facts were undisputed and it was a “pure question of law.” Canister at 396. Defendant acknowledges that the applicability of MICRA is generally made by the court post-verdict, ostensibly because the jury has ...
2019.8.23 Motion for Summary Judgment, Adjudication 574
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.23
Excerpt: ... is procedurally defective are without merit. The court's file reveals that Defendant filed a Motion for Summary Judgment/Adjudication on 1/11/19, set for hearing on 5/7/19. At that point, the trial date was 4/29/19. The 5/7/19 date was the only date available for a hearing on the Motion for Summary Judgment according to Defendant. Accordingly, on 2/14/19, the court granted the Defendant's motion to continue trial to 7/10/19, to accommodate Defen...
2019.8.21 Motion to Compel Neurological Exam 866
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.21
Excerpt: ...e first week of October. Reply, 2:21 – 3:2. The 9/27/19 trial date is continued for 45 days to permit the examination to be taken. Discovery cutoff is based on the continued trial date but only to permit this examination to be taken. 1. Defendant is entitled to obtain discovery by means of a physical or mental examination. Cal Code Civil Procedure § 2032.020. Mental examinations and those exams other than that described under Section 2032.220 ...
2019.8.21 Petition to Compel Arbitration, Motion to Stay Action 442
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.21
Excerpt: .... Ciphergen Biosystems, Inc. (2010) 186 Cal. App. 4th 696, 705. To be enforceable, the binding arbitration agreement in the Plaintiff's enrollment form must comply with the requirements of Health & Safety Code § 1363.1. In sum, the binding arbitration provision must be stated in clear and understandable language and clearly state that the health plan uses binding arbitration to settle disputes, including specifically, medical malpractice. The di...
2019.8.21 Motion for Summary Judgment 569
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.21
Excerpt: ...n 2009. UF 1-2. Before Harris moved in, Koroma made a repair to the front gate based upon a City inspection. UF 5. Defendant visited the property about once per month. UF 7. After moving, Harris put up a separate fence and gate in the back. UF 10. At some point in time after moving in, Harris obtained two dogs, which belonged to her. UF 12. Defendant saw the two Harris dogs when he went to pick up the rent. UF 15. Plaintiff claims she was injured...
2019.8.20 Demurrer 492
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.20
Excerpt: ...he complaint based on a statute of limitations defect, the defect must clearly and affirmatively appear on the face of the Complaint. It is not enough that the complaint might be barred. Saliter v. Pierce Bros. Mortuaries, (1978) 81 Cal.App.3d 292 (1978), fn 2; Marshall v. Gibson Dunn & Crutcher (1995) 37 Cal.App.4th 1397. 3. The Complaint alleges that the incident occurred on 7/20/16. The 2-year statute of limitations expired on 7/20/18. The Com...
2019.8.20 Motion for Summary Judgment 088
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.20
Excerpt: ...on <008b009100900003009600 008700940003008e0083>te 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. 1. Additionally, the court must disregard errors in pleadings or proceedings, which do not affect the substantial rights of the parties. Cal Code Civ Proc § 475. Defendant has not demonstrated any prejudice resulting from the defect. Defendant has filed a reply b...
2019.8.20 Motion to Reopen Discovery 155
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.20
Excerpt: ...ation of Robert J. Gardner ¶¶ 6-9. 2. Among the factors to be considered in granting relief are the diligence or lack of diligence in seeking discovery, the likelihood that permitting discovery will prevent the case from going to trial, and resulting prejudice to the opposing party, among other things. Cal Code Civil Procedure § 2024.050. 3. Defendant has shown diligence in completing discovery before discovery cutoff upon Plaintiff's disclosu...
2019.8.19 Motion for Summary Judgment, Adjudication 700
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.19
Excerpt: ...errule. b. Declaration of Melissa Perez. Overrule. Defendant's objections to evidence. 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 motion. Objections to evidence that are not ruled on for purposes of the motion are preserved for appellate review. Declaration of P...
2019.8.14 Motion for Leave to File Complaint 980
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.14
Excerpt: ...ror to refuse permission to amend. Morgan v. Superior Court of Los <0016001300110003000300 03> A claim for punitive damages against a corporate employer must be supported by facts showing the following circumstances: (1) The employer's managing agent/officer or director had advance knowledge of the unfitness of the employee and employed him or her with a conscious disregard for the rights or safety of others or (2) Authorized or ratified the wron...
2019.8.13 Motion for Summary Judgment 569
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.13
Excerpt: ...n 2009. UF 1-2. Before Harris moved in, Koroma made a repair to the front gate based upon a City inspection. UF 5. Defendant visited the property about once per month. UF 7. After moving, Harris put up a separate fence and gate in the back. UF 10. At some point in time after moving in, Harris obtained two dogs, which belonged to her. UF 12. Defendant saw the two Harris dogs when he went to pick up the rent. UF 15. Plaintiff claims she was injured...
2019.8.13 Motion to Strike 548
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.13
Excerpt: ... showing conduct constituting malice, fraud or oppression. Grieves v. Superior Court (1984) 157 Cal. App. 3d 159, 166. The predicate acts to support a claim for punitive damages must be intended to cause injury or must constitute “malicious conduct,” defined as “despicable conduct” carried on by Defendant with a willful and conscious disregard of the rights of others.Cal Civil Code § 3294(a). Oppressive conduct is defined as “despicabl...
2019.8.12 Motion for Leave to Augment Designation of Experts 505
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.12
Excerpt: ... has determined that any party opposing the motion will not be prejudiced in maintaining that party's action or defense on the merits.” Cal Code Civil Procedure § 2034.610. Plaintiff states he relied on Defendants' disclosure that his expert in billing review and analysis would base his opinion on an assumption that all of the services provided were made necessary by the subject accident, and that all of the services were provided in a rea...
2019.8.12 Motion for Preference in Trial Setting 353
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.12
Excerpt: ...e party's interest in the litigation.” Cal Code Civil Procedure §36(a)(2). The motion is supported by Plaintiff's medical records documenting his numerous medical conditions. Evidentiary objections of Defendant, The Pilot Group (“Pilot”), to the Declaration of Analica Avila are OVERRULED. A declaration supporting a motion for § 36(a) preference “may be signed by the attorney for the party seeking preference based upon information an...
2019.8.12 Demurrer 960
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.12
Excerpt: ... is not correcting Danalynn's name. Plaintiff is replacing one Defendant for a different Defendant. An amended complaint that adds a new Defendant does not relate back to the filing of the original complaint. The statute of limitations is applied as of the date the amended complaint is filed. Woo v. Superior Court (1999) 75 Cal.App.4th 169, 176. The date of incident was 6/18/16. The 2-year statute of limitations expired on 6/18/18. The Amendment ...
2019.8.9 Motion for Summary Judgment 754
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.9
Excerpt: ... her and apologizing. UF 3. The male passenger had removed his bag from the overhead bin, which caused another passenger's cane to fall on Plaintiff's head. UF 4. She did not observe the cane fall on her head and did not observe whether or not the overhead bin was full. UF 5. Plaintiff testified that a JetBlue flight attendant place the cane in her overhead bin prior to take off. UF 8. Plaintiff walked off the aircraft unassisted, felt fine that ...
2019.8.9 Motion for Leave to Obtain Mental Exam 705
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.9
Excerpt: .... Cal Code Civil Procedure § 2032.020. Mental examinations and those exams other than that described under Section 2032.220 require leave of court and are governed by Cal. Code Civil Procedure §2032.310. Cal. Code Civil Procedure § 2032.310(a). Plaintiffs agree that Mr. Vergara's mental condition is in controversy and that there is good cause for the examination. Opposition 1:22-26. The motion adequately specifies time, place, manner, conditio...
2019.8.8 Motion to Quash Subpoenas 602
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.8
Excerpt: ...hat the records are directly relevant to Plaintiff's claim and essential to the fair resolution of the lawsuit. Defendant must show a compelling need for the discovery. There is an implicit waiver of Plaintiff's constitutional rights encompassing discovery directly relevant to Plaintiff's claim.Davis v. Superior Court (1992) 7 Cal.App.4th 1008, 1014; Harris v. Superior Court, (1992) 3 Cal.App.4th 661, 665. Defendant issued five subpoenas for prod...
2019.8.8 Motion for Summary Judgment 799
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.8
Excerpt: ...ntiff can hold the Defendant vicariously liable for injury caused by an act or omission of its personnel committed while in the course and scope of employment. Gov. Code § 815.2 A district's duty for the safety of any pupil in its direct supervision is grounded in statute. Ed. Code, § 44808 The failure to identify these specific code sections in the pleading is not a fatal defect. Defendant is not contending it lacked notice of the basis for Pl...
2019.8.7 Motion for Judgment on the Pleadings 000
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.7
Excerpt: ...Von's (1983) 146 Cal.App.3d 29, 32. If there is any prejudice resulting therefrom, the court can continue the hearing. Mann v. Crachiolo (1985) 38 Cal.3d 18, 30. Defendant has not cited any prejudice resulting from the failure to receive the opposition by mail the next business day. Defendant was able to file a reply brief which the court has considered. The motion is not untimely made. A statutory motion for Judgment on the Pleadings under Cal C...
2019.8.6 Motion to Strike 429
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.6
Excerpt: ...hich the court shall or may take judicial notice. Cal Code Civil Procedure § 437. Cal. Code Civil Procedure § 437. In considering a motion to strike the punitive damage allegations, the court should consider the complaint as a whole. Clauson v. Superior Court (1998) 67 Cal. App. 4th 1253, 1255. Allegations of ultimate fact and conclusions of law are read in context with the other alleged facts. Monge v. Superior Court (1986) 176 Cal. App. 3d 50...
2019.8.6 Motion to Compel Further Deposition 775
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.6
Excerpt: ... days before trial.) Cal Code Civil Procedure § 2024.020. The trial has been continued to 9/27/19. Defendant is entitled to take the deposition of a treating physician. The physician is entitled to reasonable and customary expert fees if the physician is to be asked to express opinion testimony, “including opinion of factual testimony regarding the past or present diagnosis or prognosis made by the practitioner or the reasons for a particular ...
2019.8.5 Motion for Summary Judgment 858
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.5
Excerpt: ...igence, which involves the duty of a premises owner to exercise ordinary care in the management of the premises to avoid exposing others to an unreasonable risk of harm. Brooks v. Eugene Burger Management Corp. (1989) 215 Cal.App.3d 1611, 1619. To impose liability, the Plaintiff must show that the landowner had actual or constructive notice of the dangerous condition, “or have been able by the exercise of ordinary care to discover the condition...
2019.8.5 Motion for Summary Judgment 379
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.5
Excerpt: ...d not marked with warnings signs or other indicators. UF 1. After the accident Plaintiff placed her hand on the depression in the lawn to see what caused her to fall. The length of her fingers went into the depression. UF 3. The grassy area is a high-traffic area that is regularly traversed by Park users. UF 5. Plaintiff did not see the condition before the incident. UF 6. A public entity is liable by statute for injury caused by a dangerous cond...
2019.8.2 Motion for Reconsideration 898
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.2
Excerpt: ...r different facts circumstances or law.Stephen v. Enterprise Rent-A-Car, 235 Cal. App. 3d 806, 816 (1991). Subpart (b) does not include a time requirement for making the renewal motion. “(b) A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall...
2019.8.2 Motion for Summary Judgment 520
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.2
Excerpt: ...jections to the declaration of Karen Bell. Objections 15 and 16. Sustained. All other objections are overruled. 2. There is no dispute that the Trust Defendant owns property located at 17860 Hartland Street, Reseda. UF 1. Defendant, Karen Bell, individually, did not have property interest separate from the Trust. UF 2. Neither Defendant Bell nor the Trust had any property interest in the sidewalk or parkway adjacent to its property. UF 3. Rather ...
2019.8.2 Motion for Summary Judgment 862
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.2
Excerpt: ...mended when that person's identity is discovered. The general rule provides that a Doe amendment does not relate back to the filing of the original complaint for statute of limitations purposes. Woo v. Superior Court (1999) 75 Cal.App.4th 169, 176. Cal Code Civil Procedure Section 474 provides for an exception to the general rule by allowing the amendment to relate back if the Plaintiff was actually ignorant of Defendant's identity at the time th...
2019.8.1 Motion for Summary Judgment, Adjudication 751
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.1
Excerpt: ...es 1-50. Liability against Defendants are based on the allegations that The Nevell Group, Inc. (“Nevell”) the dry-wall subcontractor, stacked 17 sheets of 80-pound drywall in the elevator lobby of the 5 th floor, creating a hazardous and unsafe condition. Motion, Ex. A, page 4. Plaintiff identified Swinerton, Inc., (“Swinerton”) as the general contractor. The fact that Plaintiff named Nevel and Swinerton specifically does not preclude any...
2019.8.1 Motion for Protective Order Barring Duplicate Site Inspection Demand 429
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.8.1
Excerpt: ...burden and expense. Cal Code Civil Procedure § 2031.060. Code Civ. Proc., § 2031.060. Relevant time line 12/14/17 The parties conducted an inspection of the premises, pursuant to Plaintiff's demand. Plaintiff's expert architect, Lazaros Papademetropoulos, conducted the inspection for Plaintiff. Motion, Ex. A. 3/15/19 Plaintiff served his expert witness designation, identifying an expert in oncologic orthopedic surgery, Daniel Allison, M.D,. as ...
2019.7.31 Motion to Strike 443
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.31
Excerpt: ...vil Procedure § 415.20(b). Ten days after date of mailing on 4/15/19 was 4/25/19. She thus had 30 days thereafter to respond, which is 5/25/19. Cal Code Civil Procedure § 412.20(a)(3). She is granted an automatic 30-day extension of time to respond to the complaint if defense counsel files his meet and confer declaration under Cal Code Civil Procedure § 430.41 on the date the demurrer or responsive pleading is due. Defense counsel filed his me...
2019.7.31 Motion for Judgment on the Pleadings 400
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.31
Excerpt: ...tations set forth at Cal Code Civil Procedure § 366.2 which states that if a person against whom an action is brought dies before the expiration of the statute of limitations, and the cause of action survives, an action may be commenced within one year after the date of death, and the limitations period that would have been applicable does not apply. Cal Code Civil Procedure § 366.2(a). The only affirmative defense based on the statute of limit...
2019.7.31 Motion to Set Aside Default, Request for Monetary Sanctions 517
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.31
Excerpt: ...s. The policy of the law is to have cases litigated on their merits. The law looks with disfavor upon a party who attempts to take advantage of the mistake, surprise, inadvertence, or neglect of his adversary. All doubts in applying Section 473 are resolved in favor of the party seeking relief. Fasuyi v. Permatex, Inc. (2008) 167 Cal.App.4th 681, 696. Where a default has been entered because defendant relied upon a co-defendant or other intereste...
2019.7.29 Motion for Leave to File Amended Complaint 882
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.29
Excerpt: ... again by mail for a hearing set for 7/29/19. Therefore, the motion should have been served by 7/1/19 to account for 16 court days of notice increased by five calendar days for service by mail. The motion was timely served five days early on 6/26/19 . Plaintiff seeks to add a claim for medical battery. Defendant argues that Plaintiff knew about this claim when she responded to Special Interrogatories indicating that Defendant did not obtain infor...
2019.7.26 Motion to Compel Deposition 072
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.26
Excerpt: ...otice. Cal. Code Civ. Proc. § 2025.450. Cal. Code Civil Procedure § 2025.450. Defendant contends that he has health issues that prevent him from participating in a deposition. Defense counsel claims she told Plaintiff's counsel of Defendant's “ongoing medical condition” on March 28, 2019, after Plaintiff's deposition was taken. Opposition, Pham Declaration, ¶ 6. However, none of the objections to the three notices of deposition issued ...
2019.7.26 Motion for Determination of Good Faith Settlement 489
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.26
Excerpt: ... 877.6, which governs the determination of a settlement made in good faith applies to the settlement between Cross- Defendant Gurrola and Plaintiff, although Plaintiff did not name Gurrola as a Defendant in the complaint. Section 877.6 applies to an “action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt … .” Cal Code Civil Procedure § 877.6 In this action, Plaintiff sued the Becerra ...
2019.7.25 Motion for Summary Judgment 882
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.25
Excerpt: ...igence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and the resulting injury; and (4) actual loss or damage resulting from the professional's negligence.'” Hanson v. Grode (1999) 76 Cal.App.4th 601, 606–607. The required standard of care owed by a medical professional is a matter peculiarly within the knowledge of experts.Ha...
2019.7.25 Motion for Determination of Good Faith Settlement 425
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.25
Excerpt: ...faith, i.e. that the settlement is “out of the ballpark” such as to be inconsistent with the equitable objectives of the statute. Cal Code Civil Procedure § 877.6(d); Tech-Bilt Inc. v. Woodward Clyde Associates (1985) 38 Cal.3d 488, 501. Once the settling party (Bautista) establishes that a settlement was made, the burden shifts to the contesting party (Weiss) to establish that the settlement was not made in good faith. City of Grand Terrace...
2019.7.24 Demurrer 275
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.24
Excerpt: ...ciency of the allegations. It does not test their truth, the Plaintiff's ability to prove them, or the possible difficulty in making such proof. Saunders at 840. Grounds for the motion must appear on the face of the pleading or from matters subject to judicial notice. Cal Code Civil Procedure § 438(d). The court grants Defendant's request to take judicial notice of the Plaintiff's government claim, a letter requesting more information and a noti...
2019.7.24 Motion to Strike 089
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.24
Excerpt: ...e § 436. Grounds for the motion to strike are limited to matters that appear on the face of the pleading or on any matter which the court shall or may take judicial notice. Cal. Code Civil Procedure § 437. In considering a motion to strike the punitive damage allegations, the court considers the complaint as a whole. Plaintiff can allege ultimate facts showing entitlement to relief. Clauson v. Superior Court (1998) 67 Cal. App. 4th 1253, 1255. ...
2019.7.22 Motion to Quash Subpoenas 287
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.22
Excerpt: ...for records held at three facilities: Kaiser Permanente, Central ROI; The Central Release of Information Unit; and Kaiser Permanente Radiology Release of Information Unit. Motion, Exhibits, 3-5. Plaintiff objected to the subpoenas on 5/23/19 and sought to meet and confer in good faith about the scope of the subpoenas by letter dated 5/23/19. Motion, Exhibits 6-7. Defendants did not respond. Declaration of Nick Galadzhyan, ¶¶ 8-9. While Defendan...
2019.7.22 Motion for Leave to Obtain Physical Exam 745
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.22
Excerpt: ...d. Defendant is entitled to obtain discovery by means of a physical or mental examination. Cal Code Civil Procedure § 2032.020. Leave of court is required for examinations “other” than that described in 2032.210, et seq. upon a showing of good cause. Cal Code Civil Procedure §2032.310(a). Defendant has shown good cause for the examination with Defendant's pain management expert. “Good cause” is established where there are specific facts...
2019.7.22 Demurrer 395
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.22
Excerpt: ...t the condition was open and obvious when used with due care. Demurrer 2:1-5. A demurrer reaches defects that appear on the face of the complaint. The court considers the allegations and matters that are subject to judicial notice. All facts are accepted as true. Saunders v. Superior Court (1994) 27 Cal. App. 4th 832, 838. A demurrer tests the legal sufficiency of the allegations. It does not test their truth, the Plaintiff's ability to prove the...
2019.7.22 Motion to Strike 862
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.22
Excerpt: ...r may take judicial notice. Cal Code Civil Procedure § 437. Thus, the court cannot consider what Defendant has viewed on a purported video tape. Motion, 5:18-24; Cal. Code Civ. Proc. § 437. The predicate acts that would support a claim for punitive damages must either 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. Civil Code § 3294(...
2019.7.19 Demurrer 571
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.19
Excerpt: ...rocedure § 430.10(e). A demurrer reaches defects that appear on the face of the complaint and based on matters that are subject to judicial notice. All facts are accepted as true. Saunders v. Superior Court (1994) 27 Cal. App. 4th 832, 838. Defendants demur to the 2 nd cause of action for sexual battery. The essential elements of a cause of action for battery are: “(1) defendant touched plaintiff, or caused plaintiff to be touched, with the in...
2019.7.17 Motion to Compel Mental Exam 602
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.17
Excerpt: ...e exams other than that described under Section 2032.220 require leave of court and are governed by Cal. Code Civ. Proc. §2032.310. Defendant is entitled to more than one examination upon a showing of good cause. Shapira v. Superior Court (1990) 224 Cal. App. 3d 1249, 1250. “Good cause” is established where there are specific facts justifying discovery and the inquiry is relevant to the subject matter of the action or reasonably calculated t...
2019.7.17 Motion for Summary Judgment 806
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.17
Excerpt: ...negligence.Fonseca v. County of Orange (1972) 28 Cal.App.3d 361, 365. The nature of the parties' relationship is ordinarily a question of fact unless only one inference can be drawn. Brose v. Union-Tribune Publishing Co. (1986) 183 Cal.App.3d 1079, 1081. Agency relationships, whether actual or ostensible, are codified in the Civil Code. Civil Code § 2299, § 2300. A test to determine the nature of the relationship, whether independent contractor...
2019.7.17 Motion for Summary Judgment 710
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.17
Excerpt: ... at the time of the incident. UF 1-2. Plaintiff contends that Defendant, Freeport-McMoran Oil & Gas, LLC, (“Freeport”) substituted in as Doe 54, was negligent for supervising, maintaining, repairing, controlling and for the safety of the work environment of the project. UF 4. Plaintiff alleges Defendant improperly placed cones and other inadequate traffic control measures at the work site. UF 5. Freeport and SE had a contract wherein SE as co...
2019.7.17 Motion to Strike 699
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.17
Excerpt: ... 436. In considering a motion to strike the punitive damage allegations, the court should consider the complaint as a whole. Plaintiff can allege ultimate facts showing entitlement to such relief. Clauson v. Superior Court (1998) 67 Cal. App. 4th 1253, 1255. To support a claim for punitive damages, Plaintiff must allege facts and circumstances showing malice, fraud or oppression.Grieves v. Superior Court (1984) 157 Cal. App. 3d 159, 166. The pred...
2019.7.16 Motion for Summary Judgment, Adjudication 253
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.16
Excerpt: ...aintiff filed a Request for Dismissal with prejudice of the 1 st cause of action for strict liability as alleged against Defendant, Meridian Senior Living (“Meridian”) only. Plaintiff's Additional Facts 24. Accordingly, the request to adjudicate the first cause of action is rendered moot. The undisputed facts establish that Plaintiffs' decedent, Rose Marie Cerda Jones, was a resident of Defendant Meridian's facility. UF 1. Plaintiffs' second ...
2019.7.16 Demurrer 761
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.16
Excerpt: ...d in this subdivision, "uncertain" includes ambiguous and unintelligible.” Cal. Code Civ. Proc. § 430.10. While Plaintiff's Opposition appears incomplete, the court has considered the arguments made through page 7, where it ends. The court does not consider the traffic collision report submitted as Exhibit A, as a demurrer reaches defects that appear on the face of the complaint and based on matters that are subject to judicial notice....
2019.7.15 Petition to Approve Compromise of Pending Action 856
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.15
Excerpt: ... Petitioner alleges L.C. has special needs due to “delayed development.” [P. 2, para. 5 of the petition.] “While in her special <00450044004f004f000300 00030045004800480051[ previously place on a shelf made for books.” [P. 2, para. 6 of the petition.] This resulted in a complete, closed fracture of L.C.'s left arm, which has since healed. [P. 2, para. 6-7 of the petition.] The net settlement proceeds are $19,521.28 [p. 6, para. 16 of the ...
2019.7.9 Petition to Approve Compromise of Pending Action of Minor 552
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.9
Excerpt: ... submitted a petition to approve Priscilla's settlement. Counsel declares that court approval is not necessary because of the “small size” of the settlement. Petition, Second Addendum to Petition, 4:17-19. Counsel does not cite any authority. Cal Rules of Court 7.950 requires a petition for court approval of a minor's settlement without limitation as to the settlement amount. Cal Rules of Court 7.950. Petitioner is ordered to prepare and subm...
2019.7.9 Demurrer 988
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.9
Excerpt: ...a reply brief, which the court has considered. The statute of limitations for injuries caused by the neglect of another is two years from the date of accrual. Cal. Code Civil Procedure § 335.1. All of Plaintiff's claims allege injury caused by the wrongful act of another. The First Amended Complaint alleges the incident occurred on 7/1/15. Thus, the complaint must have been filed by 7/1/17. It was filed on 3/18/19 and does not comply with § 335...
2019.7.9 Motion to Reopen Discovery, to Compel Very Limited Discovery, to Pay Sanctions 325
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.9
Excerpt: ... discovery, the likelihood that permitting discovery will prevent the case from going to trial, and resulting prejudice to the opposing party, among other things. Cal Code Civ Procedure § 2024.050. Defendant, G&H Non-Emergency Medical Transportation, LLC appeared in this case on 1/25/19. Plaintiff's counsel associated in Simon Law Group to assist with trial on 5/20/19. Declaration of Brooke L. Bove, ¶ 12. Plaintiff has been diligently attemptin...
2019.7.8 Motion to Strike 136
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.8
Excerpt: ...s required to be filed within the time allowed to respond to a pleading, in this case, at the same time as the answer. The Cross-Complaint was served on 2/5/19. The motion to strike was filed 4/2/19. Cal. Code Civil Procedure § 435(b)(1). However, the court has the discretion to strike pleadings upon motion at any time. Cal. Code Civil Procedure § 436. The court exercises its discretion to consider this motion pursuant to Section 436. The Cross...
2019.7.3 Motion for Summary Judgment 572
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.3
Excerpt: ...ction, and adjacent to the end cap of tortillas. UF 1. Plaintiff observed a couple of liquid streaks while she was on the floor UF 11. 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 motion. Objections to evidence that are not ruled on for purposes of the...
2019.7.3 Motion to Contest Application for Good Faith Settlement 113
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.3
Excerpt: ...os, C.M. Sheedy, on 3/11/19. Reply, Exhibit A. It was also sent to Mr. Sheedy's office by certified mail, return receipt requested, and was delivered on 3/13/19. Id. Defendant Mr. Olmos had 20 days from the date of personal service, or 25 days from the date of mailing to file this motion. Cal. Code Civil Procedure § 877.6(a)(2).” At the latest, the motion to contest settlement should have been filed by 4/5/19 (25 days after 3/11/19. This motio...
2019.7.2 Motion for Preferential Trial Setting 393
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.2
Excerpt: ...the litigation.” Cal. Code Civil Procedure §36(a). Plaintiff currently suffers from debilitating injuries, deteriorating condition, and the consequences of a stroke. Declaration of Doris Holmes, ¶ 3-7. Plaintiff can meet her burden with minimal evidence. The motion can be supported by an attorney's declaration based on information and belief attesting to Plaintiff's medical diagnosis and prognosis. Cal Code Civil Procedure § 36.5. Here, Plai...
2019.7.2 Motion for Summary Judgment 632
Location: Los Angeles
Judge: Rizk, Georgina
Hearing Date: 2019.7.2
Excerpt: ...eems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion are preserved for appellate review. Cal. Code Civil Procedure § 437c(q). The court declines to rule on Plaintiff's objections 1-5 as they are not objections to particular evidence. Declaration of Joe Menchaca ¶ 2. SUSTAIN. Hearsay. ¶ 4. Overrule. The court declines to rule on Defendant's evidentiary objections which are objec...

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