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: ...20. If the motion is timely 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. Amendments are permitted in furtherance of justice at any stage of the proceeding to promote the fundamental policy that cases should be tried on their merits. Hirsa v. Superior Court (1981) 118 Cal.App.3d 486...

Excerpt: ...resented to Dr. Alessi's office on 8/30/16, complaining of glabellar lines, crow's feet, and forehead lines and wrinkles. UF 1. Defendant treated Plaintiff with Botox at that visit and two subsequent visits on 3/14/17 and 4/4/17. UF 3-5. On 5/24/17, Plaintiff underwent IPL photo-rejuvenation using a M22 Lumenis laser to address dark spots on her face. UF 7. On 5/25/17, Plaintiff texted and reported she had developed some blistering overnight in s...

Excerpt: ...iff and bifurcation will avoid the waste of time and money caused by the unnecessary trial of damage questions.” Trickey v. Superior Court of Sacramento County(1967) 252 Cal. App. 2d 650, 653. The facts of the case must justify it. Separate phases are warranted to avoid wasting Court time in cases where Plaintiff loses on the liability issue. Foreman & Clark Corp. v. Fallon (1971) 3 Cal. 3d 875, 888, fn. 8. Defendant has not established with an...

Excerpt: ...directed to Family Medical Group and Blue Cross/Blue Shield. Reply, 2:1-3. The subpoena to Plaintiff's employer, StaffMark, remains at issue. The court can quash the subpoena to protect the Plaintiff from unreasonable or oppressive demands including unreasonable violations of the right of privacy. Cal. Code Civil Procedure § 1987.1. Plaintiff's counsel establishes that Plaintiff's counsel did attempt to meet and confer by leaving a voice mail me...

Excerpt: ...n 10/12/18. While the settlement appears reasonable, the Court's records do not reflect that a Guardian ad Litem has been appointed for the Claimant. The application submitted on 3/8/19 has been rejected. The Court has reviewed the Petition to Approve Compromise of Pending Action of a Minor, (Elijah Rigney, Age 16) filed on 3/4/19. While the settlement appears reasonable, the Court's records do not reflect that a Guardian ad Litem has been appoin...

Excerpt: ...to ensure deliver 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 are filed.” Cal. Code Civil Procedure § 1005(c). The Petition is GRANTED. Petitioners have proffered evidence of a signed writing of an agreement to settle their claims. Cal. Code Civil Procedure § 664.6 permits entry of judgment pursuant to the terms of the settlement if there is ...

Excerpt: ...y to the Court's order that Plaintiff respond without objections. Motion Ex. A. Plaintiff subsequently served a Further Response on 12/11/18, without any objections. Motion, Ex. C. The verification was sent on 12/11/18. Motion, Ex. D. Plaintiff has not demonstrated that she has fully complied with the request by providing the following documents that Plaintiff agreed to produce in her Further Response. Motion, Ex. C.  Request 11 for earnings t...

Excerpt: ...postponed until the moving party has had an adequate opportunity to prepare, by discovery deposition of the deponent, or other means, for cross- examination.” Code Civ. Proc., § 2025.420. The Court does not consider the Order of the Superior Court for the County of San Francisco issued in Dotegowski, et al v. Abbott Laboratories. Opposition, Ex. A. First, the ruling is not binding upon the Court, and it is inapplicable here as part of the Dote...

Excerpt: ...ED. DEMURRER Second Cause of Action for Battery “The essential elements of a cause of action for battery are: (1) defendant touched plaintiff, or caused plaintiff to be touched, with the intent to harm or offend plaintiff; (2) plaintiff did not consent to the touching; (3) plaintiff was harmed or offended by defendant's conduct; and (4) a reasonable person in plaintiff's position would have been offended by the touching.” (Yun Hee So v. Sook ...

Excerpt: ...ury to plaintiffs Rafael Soza and Claudia Martinez. Plaintiffs allege causes of action for motor vehicle negligence and general negligence. Defendants EAN Holdings, LLC, and Enterprise Rent-A-Car Company of Los Angeles, LLC, demur to the Complaint. Legal Standard A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the suffi...

Excerpt: ...ff. Cal. Code Civil Procedure §§ 2025.450, 2025.230; 2025.250(d). Pursuant to Cal Code Civil Procedure § 2025.450, a party can move to compel a deponent's attendance and testimony and production of documents, where the deponent fails to proceed, without having served a valid objection, or fails to produce documents for inspection. Cal. Code Civil Procedure §2025.450 (a). Defendant has not established the merit of its objections to all the dep...

Excerpt: ...a party from unwarranted annoyance, embarrassment, <0086000300150013001500 00030003> The court must make express findings to support sealing the record under Cal. Rules of Court 2.550. “ The court may order that a record be filed under seal only if it expressly finds that: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial pr...

Excerpt: ...in the caption of the proposed pleading as well as the prayer was “an accident.” Reply, 2:2-7. Plaintiff submits a proposed Second Amended Complaint with the Reply that deletes those references. Accordingly, the only issue is whether amendment to state a claim for battery is proper, which Defendants do not dispute. The motion is GRANTED. A party can amend any pleading in furtherance of justice and on any proper terms. Cal. Code Civil Procedur...

Excerpt: ... a non-retained expert. To grant the motion, the court must find that Plaintiff would not in the exercise of reasonable diligence have determined to call that expert or, establish that the failure to call that expert was due to mistake, inadvertence, surprise, or excusable neglect. Cal. Code Civ. Proc. § 2034.620(c). Plaintiff has not met the requirements of Section 2034.620(c). Plaintiff did determine to call Dr. Brazina initially since Plainti...

Excerpt: ...ence, and diligence as other members of the profession commonly possess and exercise; (2) a breach of the duty; (3) a proximate causal connection between the negligent conduct and the injury; and (4) resulting loss or damage.” Johnson v. Superior Court (2006) 143 Cal.App.4th 297, 305. The required standard of care owed by a medical professional and whether the conduct was a substantial factor in causing injury are matters peculiarly within the ...

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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...he court must make express findings of the following: “(1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest.”...

Excerpt: ...ology Bay City Surgery Center -- medical records, billing and radiology Sunset Diagnostic Radiology -- medical records, billing and radiology Mark Greenspan, M.D. -- medical records, billing and radiology UCLA Health Systems -- for any and all records Santa Monica UCLA Medical Center -- for billing records UCLA Medical Center -- billing records UCLA Health Systems -- radiology records UCLA Physician's Billing -- billing records Physician's Manage...

Excerpt: ...oyee acting within the scope of employment. Cal. Gov. Code, § 815.2(a). Civil Code §§ 2100 governs the standard of care owed by common carriers of persons. Such carries are bound to use “utmost care and diligence.” Cal. Civ. Code, § 2100 The undisputed facts establish the following: Plaintiff alleges that Defendants, Los Angeles County Metropolitan Transportation Authority (“MTA”) and Tshawn Demethris (“Demethris”), were negligent...

Excerpt: ...notice of court records is permitted]. The undisputed material facts establish the following: Plaintiff filed a complaint against Defendant alleging a sole cause of action for premises liability. Plaintiff alleges she slipped and fell on Defendant's premises on 12/29/13. UF 1. Plaintiff objects to the material facts proffered by Defendant which are based on the declaration of Thomas McNutt, counsel for Defendant. Mr. McNutt admits that his discus...

Excerpt: ...rocedure § 473(b). Plaintiff, Brook Glaser, seeks relief from the Court's order of 12/14/18 granting Defendants' Motion for Terminating Sanctions for failure to comply with the Court's order to appear for deposition, resulting in the Court's dismissal of Mr. Glaser's claims alleged against Defendants. Motion, Ex. 5. Plaintiff seeks to vacate that dismissal. The word “dismissals” as stated in the statute is narrowly construed. The purpose of ...

Excerpt: ...jections to Plaintiff's evidence. #1-5. Plaintiff's Deposition testimony. SUSTAINED. #6 and #7. Declaration of Inez Cruz. SUSTAINED. #8 and #9 Declaration of Jose Cruz. SUSTAINED. #10. Defendant's Responses to Plaintiff's Form Interrogatory 12.4. OVERRULED. #11. Plaintiff's government claim for damages. SUSTAINED. #12. Letter from Deputy City Attorney denying Plaintiff's claim for damages. SUSTAINED. Gov. Code § 835 imposes liability against a p...

Excerpt: ...operly subject to judicial notice under Evidence Code § 452. They are not authenticated. They do not contain facts or propositions that are not reasonably subject to dispute or capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy. Plaintiff's declaration. Objections 1-8. SUSTAINED. Objection 9. SUSTAINED. Declaration of Plaintiff's Counsel Alexander Rosenberg. All objections are OVERRULED The u...

Excerpt: ...rds issued by Defendant on 11/29/18 to Cedars Sinai Medical Center for production of all medical records, x-rays, films, itemized statements and billing records, and all insurance records from 4/1/18 to the present. The fifth subpoena was issued to Cedars Sinai Medical Care Foundation for all itemized statements and billing records from 4/1/18 to the present. Motion, Exhibits A-E. The court can quash the subpoenas to protect the Plaintiff from un...

Excerpt: ...maining objections since they are not material. 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. The undisputed facts establish that Plaintiff alleges t...

Excerpt: ...eth; but instead removed three wisdom teeth and one molar instead of Plaintiff's remaining wisdom tooth. On September 11, 2018, Plaintiff served notice of Plaintiff's intent to sue to Dr. Harb and Western Dental. On October 26, 2018, Plaintiff filed a Complaint against Defendants, asserting a single cause of action for Professional Negligence. Defendants filed the operative Answer on December 27, 2018. On January 7, 2019, Plaintiff filed the inst...

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...