Excerpt: ...fficiency of handling the litigation” would be promoted by bifurcation. A party seeking bifurcation must <0190019a015d012801c700 019a015d017d01760358L Foreman & Clark Corp. v. Fallon (1971) 3 Cal. 3d 875, 888 n. 8. Here, Defendants argue, generically, that trying liability and damages separately could promote judicial economy because a trial on damages could be avoided in the jury finds in favor of defendants on liability. But that is true in e...

Excerpt: ...y. Plaintiff has moved for summary judgment, or in the alternative, summary adjudication. <016f00030176011e015001 on August 9, 2019. The motion for summary adjudication on that claim is thus moot. The Court considers the motion with respect to the medical battery claim. A. EVIDENCE Plaintiff's claims arise from a total abdominal hysterectomy (TAH) that Defendant performed on <0190011e0176019a011e01 01c7017d0175011e0110Ltomy to remove fibroid tumo...

Excerpt: ...t required when no response has been provided to the discovery. Cal Rules of Court, Rule 3.1345. Additionally, as Plaintiff observes, a party may be deemed to have waived any irregularity in the notice by appearing at the hearing, opposing the motion, not asking for a continuance and not demonstrating any prejudice resulting from the shortened notice. Carlton v. Quint (2000) 77 Cal. App. 4th 690. Here, even if a separate statement had been requir...

Excerpt: ...rder and limited the 10 subpoenas when it re- issued the subpoenas on 6/13/18, after the Plaintiff's Motion to Quash was heard and granted on 6/8/18. Opposition, Ex. C. Defendant does not have records to include Plaintiff's new injuries to which she testified involving her mid to lower back. Plaintiff admits that at the time of the chambers conference, Defendant sought records pertaining to Plaintiff's lower back. Opposition Declaration of Aihui ...

Excerpt: ...7.952(a)). This civil action arises from allegations that plaintiff was injured in a Los Angeles County correctional facility. Plaintiff, Juan Garza, is a 28-year-old incapacitated man. Petitioner, Juan Salazar, now brings a Petition to Approve Compromise as parent and co-conservator of plaintiff. The parties tentatively have settled the action for a gross amount of $5.9 million, with a net amount of $3,551,600 payable to plaintiff after deductio...

Excerpt: ...ses when the sign fell on them. UF 1-2. Plaintiffs' Complaint asserts claims for negligence and premises liability. UF 3. Plaintiffs were facing a vending machine game located in the Mall's common area when the sign suddenly and without warning fell on top of Plaintiffs. UF 5-6. The sign is known as a “poster holder,” which consists of two metal poles on the exterior with a banner in between the poles. UF 13. The sign is supported by a square...

Excerpt: ...ed moot by the fact that the on 12/14/18, the Court GRANTED Defendant's ex parte application to continue trial to 3/28/19. A Defendants' burden in moving for summary judgment is to show that one or more elements of Plaintiff's claim cannot be established, or establish a complete defense. Once that threshold burden is met, the burden shifts to Plaintiff to show a triable issue of one or more material facts. Cal Code Civil Procedure § 437c(p)(2). ...

Excerpt: ...y cutoff will be based on the 4/30/18 trial date for the limited purpose of taking the deposition of Alejandro Barajas. Expert related cutoff dates are also based on the new trial date. Plaintiff's Motion to Compel the Deposition of Alejandro Barajas; Request for Sanctions The last attempt by Plaintiff to meet and confer with regard to setting the Defendant's deposition was made by email on 1/24/19, asking Defendant to stipulate to a deposition o...

Excerpt: ... burden of establishing that there is no merit to this affirmative defenses based on the material facts proffered. Cal. Code Civil Procedure § 437c(f)(1). The parties do not dispute the general facts of how the accident occurred. Plaintiff was traveling eastbound on Main Street, intending to proceed straight through the intersection at Electric Avenue for which he was facing a green light. UF 1. Defendant was traveling westbound on Main Street, ...

Excerpt: ...stodian of Records for Jerry L. Pettis Memorial Veterans Medical Center. Motion, Ex. D. Plaintiff also cites Cal. Code Civil Procedure § 2025.480, which applies to motions to compel a deponent's answers or production of documents specified in a notice or deposition subpoena. Here, Defendant seeks to compel Plaintiff to sign an authorization. Plaintiff is not the deponent identified in the subpoena. Plaintiff's case authority on this issue doesn'...

Excerpt: ...ccomplished. Ziller Electronics Lab Gmbh v. Superior Court (1988) 206 Cal. App. 3d 1222, 1232-1233; Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1439–1440. Defendant, Tim Skold, moves to quash the Proof of Service filed on 1/11/19, signed by process server, Dennis Weaver, asserting that Mr. Skold, was personally served with the First Amended Summons and Complaint on 12/22/18 at 12:06 a.m. at the Livewire Lounge, 3394 N. Milwauk...

Excerpt: ...also designated George Rappard, M.D., an Interventional Neuroradiologist, as a retained expert, to testify about Plaintiff's diagnosis, causation, medical injuries and the need for any future treatment, if any. Motion, Ex. 1, 8:6-15. Plaintiff served an expert designation again on 1/7/19, adding Fardad Mobin, M.D. as a non-retained expert. Motion, Ex. 2. To grant the motion, the court must find that Plaintiff would not in the exercise of reasonab...

Excerpt: ...n owes a duty to defend City against Plaintiff Gregg'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 based on a determination of whether a duty is owed. Cal. Code Civil Procedure § 437c(f)(1). Manson's objections to City's Evidence. Overruled. With respect to Manson's objection to the City's Request for Judicial Notice of the ...

Excerpt: ... under Government Code section 835 for maintaining public property in a dangerous condition depends . . . upon the existence of some defect in the property itself and the existence of a causal connection between that defect and the plaintiff's injury.” (Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112, 11138 (emphasis in original).) Here, the alleged dangerous condition is premised on a failure to force dog owners and dog walkers and handl...

Excerpt: ...tion.” Cal. Code Civil Procedure §36(a). Plaintiff submits her identification card to substantiate her age. Motion, Ex. 1. The motion can be supported by an affidavit of counsel based on information and belief “as to the medical diagnosis and prognosis” of any party. Cal. Code Civil Procedure §36.5. Plaintiff also submits medical records showing multiple fractures she sustained as a result of the slip and fall accident. Motion, Ex. 2. Pla...

Excerpt: ...e Bowl, Inc. (1992) 6 Cal.App.4th 1706, 1711. Defendants owe a duty to keep its premises in a reasonably safe condition, and has no right to control and manage property owned by another. Edwards v. Cal. Sports (1988) 206 Cal. App. 3d 1284, 1288; Hamilton at 1711. Additionally, landowners do not owe a duty to maintain a public street or sidewalk abutting their property or to warn of dangerous conditions. Seaber v. Hotel Del Coronado (1991) 1 Cal.A...

Excerpt: ...d because of an attorney's mistake. Cal Code Civil Procedure § 473(b). There is no dismissal or default judgment at issue. On 12/14/18, the Court GRANTED Defendants' motion to impose issue sanctions against Plaintiff David Asch. Plaintiff seeks relief from that order. The purpose of mandatory relief is to alleviate the hardship on parties who lose their day in Court “due solely to an inexcusable failure to act on the part of their attorneys.�...

Excerpt: ... Graves Amendment. Motion, 6:8-9. Plaintiffs dismissed that party on 2/7/19, when Notice of Entry of Dismissal was filed. Enterprise's liability for Plaintiffs' injuries is no longer at issue. Enterprise's dismissal leaves Defendant, Louise Magill, as the only moving party. Magill argues that a continuance is necessary to conduct further discovery into the Plaintiffs' current medical condition. Motion 7:9-12. A continuance of trial is permitted w...

Excerpt: ...mail. Plaintiff did not file an opposition to the Defendant's motion, therefore, all facts are undisputed. Plaintiff leased a residential unit from Defendant on 10/1/09. UF 2. The only fall alleged in the complaint occurred in January of 2015. UF 3. On 1/26/15, at approximately 2:00 a.m. Plaintiff alleges she slipped and fell on water leaking from the ceiling in the bathroom of her apartment. UF 4. A necessary element of a claim for negligence is...

Excerpt: ...urt 3.1332. The trial has already been twice continued for a period of 10 months. Defense counsel concedes that he finally completed Plaintiff's deposition on 7/2/18. Counsel does not explain why Plaintiff's medical examination could not be completed before discovery cutoff. Declaration of John Doherty, ¶ 4. Plaintiff testified at his deposition on 7/2/18 that he returned his vehicle to the dealership. Opposition, Ex. D. Defense counsel declares...

Excerpt: ...stifying discovery and the inquiry is relevant to the subject matter of the action or reasonably calculated to lead to the discovery of admissible evidence. Vinson v. Superior Court (1987) 43 Cal. 3d 833, 839, 840. Defendant attempted to meet and confer in good faith by email sent 10/26/18. Motion, Ex. E. Plaintiff's counsel did not respond. Declaration of Emily Rockwell, ¶ 7. Defendant has shown good cause for the neurological examination. ...

Excerpt: ...Court's file reflects the following timeline. 8/22/18 Complaint filed. Initial trial date: 2/24/20 11/28/18 The Court GRANTS Plaintiff's motion for trial preference and sets trial for 3/14/19 11/28/18 City of Calabasas files its Cross-Complaint against Cross-Defendant Venco 12/10/18 Cross-Defendant Venco was personally served with the Cross-Complaint filed by City of Calabasas 1/9/19 Cross-Defendant Venco files its answer to the Cross-Complaint 1...

Excerpt: ...the risk -- that Plaintiffs voluntarily assumed any and all risks attendant upon their conduct. Whether primary assumption of the risk applies can be determined as a matter of law if the facts are not in dispute. Childs v. County of Santa Barbara (2004) 115 Cal. App. 4th 64, 69. At this point of the litigation, no facts are presented that are not in dispute. Plaintiffs' complaint consist of allegations, not undisputed facts. Plaintiff has not est...

Excerpt: ...s discretion to reduce a party's list of employed or retained experts to protect a party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. Code Civ. Proc., § 2034.250. Plaintiff has not established that Defendants' motion is not “promptly” made. Trial is presently set for 3/28/19. Plaintiff has not shown any prejudice resulting from the timing of the Defendants' motion. As part of the mutual and simultaneous...

Excerpt: ...s discretion to reduce a party's list of employed or retained experts to protect a party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. Code Civ. Proc., § 2034.250. Plaintiff has not established that Defendants' motion is not “promptly” made. Trial is presently set for 3/28/19. Plaintiff has not shown any prejudice resulting from the timing of the Defendants' motion. As part of the mutual and simultaneous...