Excerpt: ...rate statement or for exceeding page limitations. The issues raised by the Defendant are clear and sufficient for Plaintiff to file an opposition. Plaintiff does not claim any prejudice resulting from these procedural defects. 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 require lea...

Excerpt: ...embers 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. “'The standard o...

Excerpt: ...0 require leave of court and are governed by Cal. Code Civil Procedure §2032.310. Cal. Code Civil Procedure § 2032.310(a). 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. The Shapira court issued a writ requiring the trial court to determine whether there was good cause for the second examination, noting other cases which upheld the right to multiple ...

Excerpt: ...: on 4/7/17, Plaintiff filed a complaint asserting claims for negligence and premises liability. UF 1-2. Plaintiff alleges that she suffered an eye injury while walking on property of the Sunland-Tujunga Community Seventh-Day Adventist Church (“the Church”). UF 1, 4. The Conference answered the complaint on behalf of the Church. UF 3. On 2/22/19, the court issued an order deeming admitted Plaintiff's responses to Defendant's Requests for Admi...

Excerpt: ...in conformity with the laws of this state, a court rule, or an order of the court. Id., § 436(b).) The grounds for a motion to strike are that the pleading has irrelevant, false or improper matter, or has not been drawn or filed in conformity with laws. (Id. § 436.) The grounds for moving to strike must appear on the face of the pleading or by way of judicial notice. (Id. § 437.) The motion is not procedurally defective. The reference to the F...

Excerpt: ... judgment in its favor. Cal. Code Civil Procedure § 1030. The intent of the statute is to prevent out-of-state residents from filing frivolous <008e01e400030004009200 0374037901e100030375>31. Plaintiff does not dispute that she is a resident of Texas. However, the second prong of the statute requires that Defendant establish that it is “reasonably possible” that it would obtain a judgment. The motion must be supported by “competent evidenc...

Excerpt: ...tion 2:1-5. Any party may obtain discovery by way of a physical examination. Cal. Code Civil Procedure § 2032.020. Defendants can move for an order compelling response and compliance with the demand. Cal. Code Civil Procedure § 2032.240. The parties are entitled to complete discovery proceedings on or before the 30 th day before trial. <00030057004b004c005600 00030053005500480056>ently set for 5/30/19. Plaintiff admits that Defendant served the...

Excerpt: ...ship at the Defendants' fitness club. UF 1-2. Plaintiff does not dispute the existence and language of the Waiver of Liability contained in the Agreement. UF 3-4. Plaintiff's arguments and evidence do not dispute these material facts. On 11/28/16, Plaintiff took a group fitness class as part of her membership. UF 5. This was a type of class that she regularly attended. UF 6. The class was a strength and cardio class that commonly used weighted du...

Excerpt: ...d diligence 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 and whether the conduct was a substantial factor in ...

Excerpt: ...ted material facts establish the following: Plaintiff was employed at Coldwater's club named Déjà vu, located in North Hollywood. UF 1. Plaintiff conversed with a heavyset man who asked her how much it would cost for her to “take care” of the two other unidentified men in the room. UF 15. Plaintiff initially informed the heavyset man that she would not have sex with either man. UF 16. Plaintiff proceeded to have sex with the first man. UF 1...

Excerpt: ...r or impede that person's ability to protect the interest. Cal. Code Civ. Proc., § 387(d)(1). 2. Intervenor has an interest in this litigation because, under the provisions of the Insurance Code, an action can be brought against the insurer in the event the Plaintiff obtains a judgment against the insured, Minas Harutyunyan, whom State Farm is not able to locate. Declaration of Vanessa Ticas, ¶ 7. Ins. Code, § 11580 Intervention is permitted t...

Excerpt: ...t their truth, the Plaintiff's ability to prove them, or the possible difficulty in making such proof. Saunders at 840. Statutory grounds for demur include a failure to state a cause of action and uncertainty. Cal. Code Civ. Proc. § 430.10. The complaint alleges a claim for Unfair Business Practices as a 3rd cause of action. To support the claim, Plaintiff must allege with particularity, the facts supporting the statutory elements of the violati...

Excerpt: ...onal to use such skill, prudence, and diligence 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 pecu...

Excerpt: ...der appointing a Guardian ad Litem was rejected on 5/2/19. Petitioner was ordered to resubmit the application. 2. With respect to the Medi-Cal Lien, Petitioner is required to give notice of the claim to the State Director of Health Care Services or explain why notice has not been given. See ¶ 13.b.(4). Counsel submitted a letter from Medi-Cal acknowledging Elijah's claim and asking for additional information. See Status Report filed 4/8/19. The ...

Excerpt: ...Do It Urself Moving & Storage, Inc. v. Brown, Leifer, Slatkin & Berns (1992) 7 Cal. App. 4th 27, 35. To support issuance of sanctions, there must be a willful failure to comply with a court <01e4000303750086000303 > Sanctions are warranted where there is a willful refusal to comply with a valid discovery <01e4000303750086000303 > There is no dispute that Plaintiff did appear for the 4/10/19 examination as ordered by the court. Declaration of Josh...

Excerpt: ... proper service of the subpoena. Plaintiffs reiterate in their reply brief that at the time they served the witness with the Notice of Taking Deposition on 2/20/19 for deposition scheduled for 3/11/19, Defendant allegedly knew Mr. Arevalo would be retiring and did not condition acceptance of the Notice of Taking Deposition on the witness' retirement being extended.” Reply, 3:27 – 4:3. There is no evidence of Defendant's prior knowledge or bad...

Excerpt: ... a cause of action. Cal. Code Civil Procedure § (c)(1)(B). Grounds for the motion must appear on the face of the pleading or from matters subject <021a000303760375037a01 e4> On 11/26/18, Defendant, Sheila Jackson, filed an “Answer Counterclaim” in response to the Complaint. Counterclaims have been abolished in California. The court deems the “counterclaim” as a cross-complaint. Cal. Code Civil Procedure § 428.80 A cross-complaint must c...

Excerpt: ...y objections but rather are objections to the separate statement. Evidentiary objections are required to be filed separately, it must quote the objectionable statement, and must comply with one the formats set forth in Cal Rules of Court 3.1354. Defendant's objections to the Declaration of Andrew Geller, M.D. (Plaintiff's expert) All objections are SUSTAINED. Dr. Geller's opinions are speculative and lack foundation. Dr. Geller opines that the Ho...

Excerpt: ...ode Civ Procedure § 1030. The intent of the statute is to prevent out-of state residents from filing frivolous <008e01e400030004009200 0374037901e100030375>31. Plaintiff disclosed in discovery responses that he is a resident of Arizona. Motion, Ex. B, 3:25 – 4:3. The second prong of the statute requires that Defendant establish that it is “reasonably possible” that it would obtain a judgment. The motion must be supported by “competent ev...

Excerpt: ...ers 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. Hanson v. Grode (1999...

Excerpt: ... the third cause of action for negligence per se are rendered moot. The court's file reflects that Plaintiff dismissed these claims on 4/29/19. Plaintiff also states it is not pursuing a theory that Defendants' negligence is presumed. Opposition, 6:5. Accordingly, Issues 5, 6, 7, are no longer within the scope of the motion. The undisputed facts establish the following: Plaintiff does not dispute that he worked for Defendants and was injured on 1...

Excerpt: ...“All written objections to evidence must be served and filed separately from the other papers in support of or in opposition to the motion.”).) The Court thus declines to rule on this evidentiary objection. (See Hodjat v. State Farm Mutual Auto. Ins. Co. (2012) 211 Cal.App.4th 1, 7-9 (finding that the trial court did not abuse its discretion in refusing to rule on the plaintiff's evidentiary objections made in plaintiff's separate statement, ...

Excerpt: ...scope of the subpoenas. Declaration of Christopher Gavriliuc, ¶¶ 3-6. The right to privacy is protected by the California Constitution. Vinson v. Superior Court (1987) 43 Cal.3d 833, 839. Where privacy rights are implicated, Defendant has to show that the records are directly relevant to Plaintiff's claim and essential to the fair resolution of the lawsuit. Harris v. Superior Court, (1992) 3 Cal.App.4th 661, 665. There is an implicit waiver of ...

Excerpt: ...her 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. Hanson v. Gro...

Excerpt: ...e made at any time either prior to the trial or at the trial itself. [Citation.]'” Stoops v. Abbassi (2002) 100 Cal.App.4th 644, 650. Defendant did not comply with Cal Code Civil Procedure § 438 requiring a declaration demonstrating the parties' efforts to meet and confer. Code Civ. Proc., § 439(a)(3). Plaintiff agrees to conditionally waive the procedural defects. Accordingly, the substantive issues are addressed. Opposition, 2:22. 2. Motion...