Excerpt: ...e punitive damages from the Complaint. On January 30, 2019, Plaintiff filed a first amended complaint (“FAC”). Trial is set for May 12, 2020. PARTY'S REQUEST Defendant Raffi Andonian (“Moving Defendant”) request this court to strike punitive damages from Plaintiff's FAC. LEGAL STANDARD Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code of Civ. Pr...

Excerpt: ...'S REQUEST Defendant Golden State Trading Inc. (erroneously sued and served as Phieng Han Ly dba Golden State Trading Inc.) (“Defendant”) requests this court for an order compelling Kenneth Bradley, M.D. (“Opposing Non-Party”) to produce all medical and billing records pertaining to Plaintiff. Defendant also requests this court for an order compelling Opposing Non-Party to pay Defendant a total of $1,148.00 in monetary sanctions for bring...

Excerpt: ...n an abundance of caution pursuant to Canon of Judicial Ethics 3E. If the parties wish to address this issue with the Court, they should appear at the hearing. Motion to Augment Expert Witness List The court considered the moving, opposing, and replying papers. BACKGROUND On¿March 30, 2016, plaintiff Douglas A.¿Bagby¿(“Plaintiff”) filed a complaint against defendants 1716 Main Street, LLC and Oceanside Health Center, Inc. (“Defendants”...

Excerpt: ...ss for the defendants preventing Plaintiff from exiting his apartment complex. On January 30, 2019, Plaintiff filed a first amended complaint (“FAC”). Trial is set for May 12, 2020. PARTY'S REQUEST Defendants AJR Investment Partnership, L.P, Aviezer Rojany, and David Van Pelt (erroneously sued and served as David Doe) (“Moving Defendants”) request this court to strike <004b004800030033005500 0033004f0044004c0051[tiff's third and fourth ca...

Excerpt: ...r an order granting terminating sanctions by dismissing Plaintiff's complaint with prejudice for Plaintiff's failure to follow a November 6, 2018 court order. LEGAL STANDARD If a party fails to comply with a court order compelling a response to a demand for inspection, copying, testing, or sampling, the court may impose monetary, issue, evidence, or terminating sanctions. (Code Civ. Proc. § 2031.300, subd. (c).) California Code of Civil Procedur...

Excerpt: ...tion, indemnity, and declaratory relief for the November 7, 2015 collision. On June 13, 2018, Defendant amended his cross-complaint to name plaintiff Jeansalva Lisbet Lopez as a cross-defendant. Trial is set for April 4, 2019. PARTY'S REQUESTS Defendant requests that this court to: (1) continue trial to September 15, 2019, (2) continue the discovery cut-off deadlines to correspond with the new trial date, and (3) continue the final status confere...

Excerpt: ...negligent hiring/retention/training/supervision), wrongful death (dangerous condition), survival action, negligent infliction of emotional distress, and wrongful death (battery) arising out of an altercation on June 10, 2017. Trial is set for September 3, 2019. PARTY'S REQUEST Defendants Jenny Au and Alvin Au (“Moving Defendants”) request this court for an order granting their motion for judgment on the pleadings as to Plaintiffs first cause ...

Excerpt: ...Christopher Reyna (“Plaintiffs”) filed a complaint against defendants Crown Moving and Storage, Inc., dba Crown Worldwide moving and Storage and Anthony Freeman Lozano (“Defendants”). The Plaintiffs' complaint alleges motor vehicle negligence against Defendants for an automobile collision that took place on May 27, 2014. Trial is set for June 3, 2019. PARTIES' REQUESTS Plaintiffs request this court for an order compelling defendant Crown ...

Excerpt: ...RTY'S REQUEST Defendant Edward Diskin (“Moving Defendant”) request this court grant summary judgment against Plaintiff pursuant to California Code of Civil Procedure section 437c because there is no triable issue of material fact and Moving Defendant is entitled to judgment as a matter of law. More specifically, Moving Defendant contends that there is no triable issue of material fact because Plaintiff cannot prove Moving Defendant had knowle...

Excerpt: ...ntiff”) filed a complaint against defendants Nicholas Anthony Dominguez; Teresa Martinez; Papa John's International, Incorporated; and Papa John's Pizza (Montebello) (“Defendants”). In her complaint, Plaintiff <00510048004a004f004c00 0048004a004f004c004a[ent entrustment, and negligent supervision for a vehicle collision that knocked Plaintiff off his motorcycle on September 2, 2016. On March 14, 2018, Plaintiff amended his complaint to chan...

Excerpt: ...s action filed a complaint against Bridgestone Corp., Bridgestone Americas Tire Operations, LLC, Bridgestone Americas, Inc., and Federico Alberto Fabian alleging general negligence and products liability for a vehicle collision that occurred on November 15, 2017. The plaintiffs in this action include: Hector Olivares Ceja and Evelia Cota Valenzuela, individually and as successors in interest for decedent Yaritza Yajaira Olivares; Dolores Lopez Bu...

Excerpt: ...za, a minor, by and through her father and guardian ad litem, Pedro Espinoza; Emily Marquez, a minor, and Daniel Marquez, a minor, by and through their step-father and guardian ad litem, Pedro Espinoza (“Plaintiffs”) filed a complaint against defendants Alvin Wilkins, Nery Godinez Hernandez, Nicar Carreon Wood, Los Angeles County Sheriff's Department, and County of Los Angeles (“Defendants”). Plaintiffs alleged Defendants were liable for ...

Excerpt: ...nal status conference to be continued from December 26, 2018 to April 3, 2019; and (3) all discovery and motion cut-off dates to be based upon the April 11, 2019 trial date. PARTY'S REQUESTS Defendant requests this court to: (1) continue the April 11, 2019 trial date to June 18, 2019; (2) continue the April 3, 2019 final status conference date to June 10, 2019; and (3) continue the motion cut-off dates to be based upon the June 18, 2019 trial dat...

Excerpt: ...mplaint against Defendant, asserting claims for: (1) Negligence; (2) Intentional Infliction of Emotional Distress; and (3) Negligent Infliction of Emotional Distress. On February 4, 2019, Defendant filed the instant Demurrer to the second and third causes of action. Plaintiff opposes. Meet and Confer Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred to for the purposes of d...

Excerpt: ... Defendant Marika Gagolashvili (“defendant”) requests that the court compel plaintiffs Hawanya Smith (“Hawanya”) and Inahs Smith (“Inahs”) to serve verified responses without objections to defendant's first set of form and special interrogatories served on September 18, 2018. Defendant also requests that the court compel plaintiff Inahs to serve verified responses without objections to defendant's first set of request for production s...

Excerpt: ...ng injuries. On December 17, 2018, Plaintiff filed the operative complaint asserting claims for (1) Negligence and (2) Premises Liability. Defendant State of California, acting by and through the California DMV, filed the instant demurrer to the complaint on January 18, 2019. Meet and Confer Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred to for the purposes of determinin...

Excerpt: ...f Dr. Feuerman's report that is in compliance with CCP § 2032.610(a)(1). Additionally, the court ordered defendant to pay $810 in sanctions. Plaintiff requests that the court impose evidentiary, issue, and monetary sanctions for defendant's misuse of the discovery process by his failure to comply with the court's December 4, 2018 order, compelling defendant to produce a code compliant medical report and to pay sanctions. If a party fails to comp...

Excerpt: ...Defendant demurs to the two causes of action of the First Amended Complaint on the grounds that they fail to state facts sufficient to constitute a cause of action. DISCUSSION Defendant demurs to both causes of action on the grounds that the one year statute of limitations under CCP § 340.5 has expired. CCP § 340.5 provides that “[i]n an action for injury or death against a health care provider based upon such person's alleged professional ne...

Excerpt: ...rike punitive damages from the complaint. The court notes that counsel's declaration satisfies the meet and confer requirement under CCP § 435.5(a)(3). (Lee-Gulley Decl.) The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (CCP § 436(a).) The court may also strike all or any part of any pleading not drawn or filed in conformity...

Excerpt: ...igence, Negligent Entrustment, Negligent Hiring, Negligent Undertaking, Negligent Retention, Negligent Supervision and Negligent Training; and (2) Negligence Per Se. On January 1, 2019, Defendants Transdev Services, Inc., Foothill Transit, and Gerson Moran filed the instant Demurrer. Plaintiff opposes. Meet and Confer Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred to for...

Excerpt: ...on for leave to intervene. On December 18, 2018, the court dismissed the complaint without prejudice pursuant to CCP § 581(b)(3) for failure to appear at trial. Pursuant to CCP § 473(b), plaintiff requests that the court set aside the order dated December 18, 2018. CCP § 473(b) states, in relevant part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a . . . dismissal . . . taken against...

Excerpt: ...e based on an accident that occurred on May 6, 2016. Defendants request that the court compel plaintiff to serve verified responses without objections to defendant's first sets of form interrogatories, special interrogatories, and demand for production of documents and things served on August 23, 2018. On October 17, 2018, counsels met and conferred, and plaintiff's counsel agreed to produce responses by October 31, 2018. Defendants contend that ...

Excerpt: ...8, plaintiff filed a First Amended Complaint, adding minor Jasai Youngblood (as Roe 1) and his guardian ad litem, Leon Youngblood, (as Roe 2) (“Youngblood”). Trial is set for July 23, 2019. On September 26, 2018, the court granted defendant's motion to compel the deposition of Youngblood. Defendant requests that the court impose a terminating sanction against Youngblood for failure to comply with the court's order dated September 26, 2018. De...

Excerpt: ...ignificant injuries as a result of the foregoing. On August 10, 2018, Plaintiff and her Partner filed the instant Complaint asserting claims for (1) Medical Negligence and (2) Loss of Consortium. Defendant Huntington filed the instant Demurrer on January 4, 2019. Plaintiffs have not filed an opposition of February 1, 2019. (Timely filing deadline: January 23, 2019.) Meet and Confer Before filing a demurrer, the demurring party is required to meet...

Excerpt: ... motor vehicle negligence, general negligence, wrongful death, and survivor action. Defendants move to strike punitive damages and the fourth cause of action for survivor action from the SAC. The court notes that counsel's declaration satisfies the meet and confer requirement under CCP § 435.5(a)(3). (Davis Decl., ¶¶ 2-3.) Civil Code § 3294 authorizes the recovery of punitive damages in non-contract cases where “the defendant has been guilt...