Excerpt: ...LC, The Wonderful Company LLC, and Matthew Bohnert for: C/A 1: Against Suterra and TWC for Discrimination (Gender) C/A 2: Against all Defendants for Harassment (Gender) C/A 3: Against Suterra and TWC for Retaliation (Gender) C/A 4: Against Suterra and TWC for Discrimination (Disability) C/A 5: Against Suterra and TWC for Retaliation (Disability) C/A 6: Against all Defendants for Harassment (Disability) C/A 7: Against Suterra and TWC for Failure t...

Excerpt: ...mination claims. Summary of Case Plaintiff Kearran Hayes is a member of multiple protected classes under FEHA—she is an African American female over the age of 40. Plaintiff has been employed by the City of Beverly Hills since January 2002. From 2011 until July 2017, Plaintiff was employed as a Parking Enforcement Supervisor. In 2016, the Parking Enforcement Division was moved from the City's Department of Public Works to the Traffic Division o...

Excerpt: ...or: C/A 1: Discrimination (Age) C/A 2: Retaliation C/A 3: Discrimination (Sex) C/A 4: Violation of Ed. Code, §§ 44113, 44114 On October 2, 2019, Defendant filed this demurrer. On October 29, 2019, Plaintiff filed a Second Amended Complaint, which the court subsequently struck on November 6, 2019. On November 8, 2019, Plaintiff filed an opposition. Per the opposition, Plaintiff stipulates to striking the fourth cause of action's reference to Edu...

Excerpt: ...ed as Brentwood Skilled Nursing Owned by Meridian Management) for claims arising out of the care and treatment rendered to decedent Richard H. Shepard (Plaintiff's father). The original complaint appears to allege claims for Professional Negligence and Anti-Trust. On February 15, 2019, the court granted Brentwood's motion to quash Plaintiff's summons and complaint. On April 18, 2019, Plaintiff filed a Second Amended Complaint against Brentwood, a...

Excerpt: ...is a partner at HW. In late January 2019, Defendants hired Plaintiff for an accountant position. Being aware of prejudice, Plaintiff did not tell HW that he was gay or HIV positive during the pre-hiring process or the first weeks of his employment. In March 2019, at height of tax season, Plaintiff worked late at night and put in between approximately 60-80 hours a week. During this time period, Plaintiff's friends insisted that he join them at a ...

Excerpt: ...On December 31, 2018, Yin Yen filed this lawsuit against the following Defendants: Auto Palace LLC Robert Wolfenden (Wampanoag) Wampanoag Inc. Janet Wolfenden (Wampanoag) Flying Colors Group LP Nora McFadden (Auto Palace & Flying Colors) The complaint alleges Defendants utilized illegal employment practices that occurred when Plaintiff worked for Defendants from 2011 until September 2018. Plai...

Excerpt: ...ing Facts On February 12, 2012, Plaintiff was injured in an automobile accident while operating a bicycle. Per a letter dated June 13, 2014, Plaintiff's insurer, 21st Century, offered to compensate Plaintiff with a $50,000 liability insurance payment. This letter provides: “Based on the information presented, I have evaluated your claim at $50,000.00 (Fifty Thousand Dollars) and am prepared to resolve your Injury claim for this amount, inclusiv...

Excerpt: ...reement. On June 15, 2016, Plaintiff and Defendant executed a consignment agreement, wherein the absolute title to all products shipped by Plaintiff to O My Sole would remain in Plaintiff until such product(s) were sold by O My Sole. Shortly after, Plaintiff commenced shipping goods to O My Sole and continued to do so until the third week of May 2018. At the end of May 2018, O My Sole breached the agreement by: (1) failing to make payments due to...

Excerpt: ...gnity Health dba California Hospital Medical Center  California Neonatology Services Medical Group  Clinica de Los Angeles Medical Group Inc.  Grand Medical Associates  Scott A. Beasley, M.D., Inc. (formerly dba California Neonatology Services Medical Group)  Michelle D. Henry, M.D.  Keith A. Kolber, M.D.  Roy Silver, M.D.  David N. Steinberg, M.D.  Dr. Thomas J. Cachur, D.O. On April 9, 2010, Plaintiff was born at Dign...

Excerpt: ...iff intends to file a surreply, such surreply must be filed and served within 5 court days of the continued hearing date. Summary of Case This is an employment law case. Plaintiff Bertha Gutierrez sues Mojave Foods Corporation, Alpha Staffing Services Inc., and Personnel Staffing Group LLC for claims arising out of her former employment. In 2007, Plaintiff began working for Defendants as a “packer” and “catcher” at the Mojave factory in C...

Excerpt: ...s motion to strike $4,672.68 in service of process fees is GRANTED. Expert Fees Defendant's motion to strike the $19,256.21 in expert witness fees is DENIED. “Other Costs” Defendant's motion to strike $247.31 in parking and mileage is GRANTED. Defendant's motion to strike $4,899.83 in hotel expenses is GRANTED. Defendant's motion to strike $127 for “staff overflow” is GRANTED. Defendant's motion to strike $302.70 for messenger fees is DEN...

Excerpt: ...with a list of recalls applicable to Plaintiffs' vehicle so that Plaintiff can select the recalls they seek documents regarding. Plaintiffs' request for sanctions is DENIED. Summary of Case Plaintiffs Max Duran Sr. and Katherine Duran sue Defendant General Motors LLC for claims arising from their July 29, 2012 purchase of a new 2012 Chevrolet Cruz: C/A 1: Breach of Implied Warranty C/A 2: Violation of the Song-Beverly Act Section 1793.2 On July 9...

Excerpt: ...rsola and Cynthia Mersola for residential lease of a rental unit located at the apartment complex commonly referred to as 7651 Vineland Avenue, Sun Valley, California 91352.. On March 11, 2019, Plaintiffs filed this action. On May 1, 2019, Plaintiffs filed a First Amended Complaint alleging: C/A 1: Breach of Warranty of Habitability C/A 2: Breach of the Covenant of Quiet Enjoyment C/A 3: Civil Code § 3479 (Nuisance) C/A 4: NIED C/A 5: Civil Code...

Excerpt: ...iff Maria Luz Alamares purchased a new 2016 Chevrolet Cruz. On February 5, 2019, Plaintiff filed this action against General Motors LLC for: C/A 1: Breach of Implied Warranty C/A 2: Breach of Express Warranty On September 9, 2019, Plaintiff filed this motion. On September 18, 2019, GM filed an opposition. On September 24, 2019, Plaintiff filed a reply. Summary of Issues Plaintiff moves to compel GM to produce a PMQ to appear for deposition and fo...

Excerpt: ... October 16, 2019. USC must produce Kyle Fujimoto on October 22, 2019 at 9:00 a.m. Requests for sanctions are DENIED. Summary of Case Plaintiff Ernest J. Franceschi, Jr. sues Defendant the University of Southern California for breaching its oral agreement that gave Plaintiff an irrevocable license and right to continue to renew USC football season tickets, commencing in 1986, as long as Plaintiff renewed every year and USC continued to play footb...

Excerpt: ...andy Manufacturing, LLC produces high quality hinges for the aircraft industry. Plaintiff employs 75 people and operates its business from three adjacent locations: 3400- 3420 N. San Fernando, Road (“San Fernando Property”), 3033 N. Avon St., and 3086 N. Avon Street (“Avon Property) (collectively referred to "Premises"), per to three separate leases set to expire on July 31, 2019. Defendants own the Premises. Specifically, Defendant Chao LL...

Excerpt: ...February 1, 2019 to allege that plaintiff Malcolm Jamal Warner is the common law partner of plaintiff Tenisha Hancock. Trial is set for February 10, 2020. PARTY'S REQUEST Defendant Huntington Memorial Hospital (“Demurring Defendant”) requests this court to sustain its demurrer to Plaintiffs' FAC because it fails to plead sufficient facts to state causes of action for medical malpractice and loss of consortium. Demurring Defendant also request...

Excerpt: ...'S REQUEST Defendant requests this court to sustain its demurrer because the complaint fails to state facts sufficient to constitute a cause of action against Defendant due to an applicable statute of limitations pursuant to California Government Code section 945.6. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts rea...

Excerpt: ...when Plaintiffs were on their bicycles. On December 13, 2017, defendant Colin Wayne Erwin filed a cross-complaint against plaintiff Carolina Padilla Lopez and defendants VW Credit, Inc. and Susanne Kerstin Birgitt von Den Stemmen seeking implied indemnity, contribution, and declaratory in relation to the July 17, 2015 incident. Trial is set for May 29, 2019. PARTIES' REQUESTS Defendants VW Credit, Inc. and Susanne Kerstin Birgitt von Den Stemmen ...

Excerpt: ...laintiffs in this action include: Hector Olivares Ceja and Evelia Cota Valenzuela, individually and as successors in interest for decedent Yaritza Yajaira Olivares; Dolores Lopez Buelna, Jose Manuel Bojorquez Lopez, Gabriella Bojorquez Lopez, Juan Francisco Bojorquez Lopez, Maria Guadalupe Bojorquez, Karina Bojorquez Lopez, Saul Bojorquez Lopez, Dulce <0052005500540058004800 00030044004f004f0003[as successors in interest for Juan Bojorquez Valenz...

Excerpt: ...ts for an automobile collision that took place on May 27, 2014. On March 18, 2019, the court continued the hearing on this motion to April 17, 2019 at 1:30 a.m. Trial is set for June 3, 2019. PARTIES' REQUESTS Plaintiffs request this court for an order compelling defendant Crown Moving and Storage, Inc., dba Crown Worldwide Moving and Storage's (“Crown”) person most knowledgeable to appear and testify under oath. Plaintiffs also request this ...

Excerpt: ...y 29, 2016. Trial is set for June 11, 2019. PARTY'S REQUESTS Plaintiff requests this court for an order compelling Defendant to provide verified responses, without objections, to Plaintiff's: (1) Form Interrogatories (2) Special Interrogatories, (3) Request for Production of Documents, and (4) Request for Admissions (All Set One). Plaintiff also requests this court for an order compelling Defendant to pay Plaintiff a total of $8,580.00 in monetar...

Excerpt: ... infliction of emotional distress arising from plaintiff Xzander Alain Barboza falling off of bleachers on April 19, 2015. On February 20, 2019, the court continued the hearing on petitioner Adelina Delgado's Petition to Confirm Minor's Compromise due to: (1) the declaration from counsel failing justifying 33% in attorney's fees and (2) the failure to correctly fill out paragraph 11 of the petition. Trial is not set in this matter. PARTY'S REQUES...

Excerpt: ...9. PARTIES' REQUESTS Defendant requests an order compelling Plaintiff to appear for a deposition within ten days of the hearing on this motion. Defendant also requests an order compelling Plaintiff and his counsel of record to pay $1,560.00 in monetary sanctions, jointly and severally, to Defendant for Plaintiff's misuse of the discovery process. Plaintiff requests an order compelling Defendant's counsel of record to pay $2,000.00 in monetary san...

Excerpt: ...vernment code section 835, general negligence, and premises liability for a trip-and-fall that occurred on April 11, 2018. Trial is set for August 19, 2020. PARTIES' REQUESTS Defendants Goldstein Franklin, Inc., Frank Igwealor, Optimal Foods, LLC., and Blockchain Capital, LLC. (“Moving Defendants”) request this court to sustain their demurrer on the following grounds: 1. Defendants are not a proper party in interest, 2. Misjoinder of Defendan...

Excerpt: ...at occurred on November 10, 2017. Trial is set for November 26, 2019. PARTY'S REQUESTS Plaintiff requests this court for an order compelling Uber Technologies, Inc. to produce documents responsive to a deposition subpoena. Plaintiff also requests $2,147.65 in monetary sanctions against Uber Technologies, Inc. LEGAL STANDARD Motion to Compel California Code of Civil Procedure section 1987.1, subdivision (a) states, “[i]f a subpoena requires the ...

Excerpt: ...s arising from a sexual encounter that occurred on October 9, 2016: (1) sexual battery, (2) assault, (3) battery, (4) false imprisonment, (5) intentional infliction of emotional distress, (6) negligence, (7) negligent hiring, and (8) vicarious responsibility. Trial is not set in this matter. PARTY'S REQUEST Defendants Dipu Haque, Sikder Holdings International, Inc., and Sikder Incorporated (“Moving Defendants”) request this court to issue an ...

Excerpt: ...2019 order dismissing this action without prejudice. LEGAL STANDARD California Code of Civil Procedure section 473(b) states: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a . . . dismissal . . . taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief . . . shall be made within a reasonable time, in no case exceeding s...

Excerpt: ...us condition and design arising from a vehicle-train collision that occurred on August 22, 2017. On November 21, 2018, Plaintiff filed a first amended complaint (“FAC”) to allege additional facts. Trial is set for January 21, 2020. PARTY'S REQUESTS Defendant City of Burbank (“Moving Defendant”) requests this court to sustain its demurrer to the FAC, or in the alternative, to strike the FAC because: (1) Plaintiff fails to state a cause of ...

Excerpt: ...s amended the complaint to add Armando Huaringa, M.D. and Maria Raquel Kronen, M.D. as defendants. Trial is set for August 27, 2019. PARTY'S REQUEST Defendant Armando Huaringa, M.D. (“Moving Defendant”) requests this court for an order granting summary judgment in his favor because there is no triable issue of material fact regarding breach and causation and Moving Defendant is entitled to judgment as a matter of law. LEGAL STANDARD The purpo...

Excerpt: ...en Abajian's (Moving Defendants) motions to strike punitive damages from the Complaint. On January 30, 2019, Plaintiff filed a first amended complaint (“FAC”). Trial is set for December 30, 2019. PARTY'S REQUEST Defendants Hovig Abajian and Vicken Abajian (“Moving Defendants”) 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 ...

Excerpt: ...ligence arising out of an automobile collision that occurred on June 8, 2015. Trial is set for April 2, 2019. PARTY'S REQUEST Defendant requests this court for an order compelling Plaintiff to respond to Defendant's: (1) Form Interrogatories (Set One), (2) Special Interrogatories (Set One), and (3) Request for Production of Documents (Set One). Defendant also requests this court for an order deeming the truth of the matters in Defendant's propoun...

Excerpt: ... strike punitive damages from Plaintiff's complaint. 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. Proc. § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) The court may, upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inse...

Excerpt: ...nts were liable for general negligence, negligent infliction of emotional distress, assault, battery, intentional infliction of emotional distress, and premises liability. Plaintiffs' complaint arises from a physical altercation that occurred on December 21, 2016. Trial is set for June 16, 2020. PARTY'S REQUEST Defendants Monica Villas #3 Homeowners Association and Gold Coast Property Pros (“Demurring Defendants”) request this court to sustai...

Excerpt: ...sition be set closer to the filing courthouse in the Central District instead of Lancaster, California. Plaintiff requests this court for an order granting sanctions against Defendant and his counsel in the amount of $2,400.00. LEGAL STANDARD A protective order may be granted on a noticed motion of the deponent. (Code Civ. Proc. § 2025.420, subd. (a); see also St. Paul Fire & Marine Ins. Co. v. Superior Court (1984) 156 Cal.App.3d 82, 85-86. The...

Excerpt: ... on December 17, 2017, Plaintiff was riding his bicycle and sustained injuries from a dangerous roadway defect. On March 12, 2019, defendant City of Lomita filed a cross-complaint against cross- defendant State of California. Trial is set for June 5, 2020. PARTY'S REQUEST Plaintiff requests an order granting relief from the government claim filing requirements of Government Code section 945.4 pursuant to the provisions of Government Code section ...

Excerpt: ... 2019. PARTY'S REQUEST Plaintiff requests this court for an order striking defendant Jose Martinez' answer to Plaintiff's complaint as a terminating sanction for Defendants' failure to respond to written discovery and failure to obey a court order. Plaintiff also requests this court for an order precluding evidence relating to defendant Jose Martinez' affirmative defenses. Plaintiff further requests monetary sanctions against defendant Jose Marti...

Excerpt: ...le collision that took place on September 3, 2014. Trial is set for August 26, 2019. PARTIES' REQUESTS Plaintiffs request this court for an order: (1) compelling defendant Picrow, Inc. to appear at and produce documents at a deposition, (2) compelling defendant Picrow, Inc.'s employee, Dusty Saunders, to appear at and produce documents at a deposition. Plaintiffs also request this court for an order sanctioning Defendants in the amount of $3,274....

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: ...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: ...'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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...assault, battery and negligence against all defendants. On January 31, 2019, Michael and Hamed Razipour (the “Razipours”) filed the instant motion to strike punitive damages and attorneys' fees. No opposition was filed. 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. (CCP § 435(b)(1); Cal. Rules of Court, Rule 3.1322(b).) The court may, ...

Excerpt: ...ery Center, Inc., Beverly Hills Premium Medical Center, Inc., Medigroup Clinic, Inc., Hope Surgery Center, Inc., South Pacific Surgery Center, Inc., Simin Hashemizadeh, and Venus Saify, for causes of action: (1) professional negligence, (2) general negligence, (3) fraud, (4) violation of the consumer legal remedies act, Civil Code section 1750, et seq., (5) violation of the unfair competition law, Business and Professions Code section 17200, et s...

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: ...h orthopedic surgeon, Robert C. Klapper, M.D., located at <00240003001c0013001300 17001b0011> Under CCP § 2032.220(a), “[i]n any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2) The examinati...

Excerpt: ...800 51004700440051005700560011[ Defendants request that the court set aside the default entered on June 25, 2018 and argues that they no longer occupied the address on the proof of service, thus substitute service was defective. Under CCP § 473(d), the court may set aside any void judgment or order upon motion of either party. The court does not acquire jurisdiction over a party unless the statutory requirements for service of summons are met. (...

Excerpt: ...oseph J. Roco, D.O. (“defendant”) requests that the court enter summary judgment in his favor and against plaintiff pursuant to CCP § 437c on the ground that defendant's medical care and treatment of plaintiff complied with the standard of care. The elements of medical malpractice are: “(1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach ...

Excerpt: ...Plaintiff when attacked by a student to whom Plaintiff had been assigned. Defendant, Plaintiff's employer, allegedly knew of the child's violent propensities, but failed to warn Plaintiff thereof. The First Amended Complaint (“FAC”) alleges two causes of action: (1) negligence, and (2) intentional infliction of emotional distress. REQUEST FOR RELIEF Defendant demurs to both causes of action the FAC on the grounds that plaintiff has failed to ...

Excerpt: ...dard in approving attorney's fees in a minor's compromise petition. (Cal. Rules of Court, rule 7.955(a).) Generally, 25% in attorney's fees for a minor's compromise petition is more than reasonable, unless a higher award can be justified. Counsel attempts to justify the higher award based on their office's experience and reputation, time and effort spent, preclusion of other employment, the risk involved, their typical contingency fee of 45%, and...

Excerpt: ...claratory relief. On April 23, 2018, plaintiff filed amendments designating RCS Construction as Doe 1, Larry J. Rodarte as Doe 2, Kristta L. George as Doe 3, Restaurant Construction Specialty, Inc. as <005800460057004c005200 00440056000300270052[e 6. On June 1, 2018, the persons named in Does 1 to 4 filed a cross-complaint against M.G.B. Construction, Inc. On November 9, 2018, the court granted defendants RCS Construction, Larry J. Rodarte, Krist...

Excerpt: ...ld be dislodged, knocked over or blown loose by the wind in and around their yard and loading dock. Plaintiff was struck by such an object and suffered catastrophic injuries. On May 25, 2017, plaintiff filed an amendment to the complaint designating CG Roxane, LLC as Doe 1. On December 14, 2018, plaintiff filed a first amended complaint. Trial is set for May 18, 2019. Defendant CG Roxane, LLC (“defendant”) moves the court to enforce a settlem...

Excerpt: ...9. Defendant requests that the court quash plaintiffs' subpoenas for appearance and production of records to Mark De La Torre (“Torre”) and Anthony Castillo (“Castillo”). Torre and Castillo are employees of Mercury Insurance Company. Defendant objects to the subpoena on the ground that (1) the subpoena was not personally served as required by CCP § 1987, (2) there was no notice to consumer as required by CCP § 1985.3, (3) the subpoena o...

Excerpt: ... over, and plaintiff sustained severe and permanent injuries to his legs. (Complaint, ¶ GN-1.) On December 14, 2017, defendant filed a cross-complaint against cross-defendant Gilbert Michael Burciaga (“Burciaga”) for equitable indemnity and declaratory relief. Plaintiff's evidentiary objections are OVERRULED. Plaintiff's request for judicial notice is GRANTED. (Evid. Code § 452.) Defendant requests that the court enter summary judgment, or ...

Excerpt: ...July 16, 2018, plaintiff filed a first amended complaint. On November 5, 2018, the court granted plaintiff's motion to strike, but gave plaintiff leave to file an amended complaint alleging a valid basis for punitive damages. On November 30, 2018, plaintiff filed a second amended complaint (“SAC”). Trial is set for September 9, 2019. Defendants move to strike punitive damages from the SAC. The court notes that counsel's declaration satisfies ...

Excerpt: ...covery. CCP § 2024.050 states: “(a) On motion of any party, the court may grant leave to reopen discovery after a new trial date has been set. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (b) In exercising its discretion to grant or deny this motion, the court shall take into consideration any matter relevant to the leave requested, including, but not limited to, the following: (1) The necessity and...

Excerpt: ...Defendant Hunter Wayne Lassos (“defendant”) moves to stay the instant civil proceedings until the resolution of defendant's related criminal proceeding, or in the alternative, to stay the discovery process as to defendant. “The Fifth Amendment of the United States Constitution includes a provision that ‘[no] person . . . shall be compelled in any criminal case to be a witness against himself, . . .' Although the specific reference is to c...

Excerpt: ...nce, strict liability, breach of warranty, and premises liability. The complaint alleges that on March 9, 2014, a heavy piece of metal broke off and/or was ejected from the rollercoaster ride called “Revolution” and was propelled toward plaintiffs. Plaintiffs were impacted by the metal piece and/or by pieces of one or more of the trees the metal piece landed on. Trial is set for July 19, 2019. Plaintiff Skylar Murphy, by and through her Guard...

Excerpt: ...l incident that occurred on June 12, 2015. Trial is set for April 2, 2019. Defendants request an order compelling Robins Cloud LLP (“Robins”) to produce documents in response to a subpoena issued on September 27, 2018. To require the production of any document or tangible thing for inspection and copying of a non-party deponent, the party seeking discovery must serve on that deponent a deposition subpoena, pursuant. (CCP §§ 2020.010(b), 202...

Excerpt: ...on the grounds that the current court is not proper, and the proper venue is Ventura County, California. Plaintiff's request for judicial notice is GRANTED. (Evid. Code § 452.) Plaintiff's evidentiary objection is SUSTAINED. “Venue, the county in which an action takes place, is statutorily governed by the type or form of the particular action. [Citation omitted.] ‘Venue is determined based on the complaint on file at the time the motion to c...

Excerpt: ...ff filed a request for entry of default on November 14, 2018. Pursuant to CCP § 387(d)(1) or, in the alternative, 387(d)(2), Global Hawk Insurance Company (“Global”) requests leave to file an answer in intervention on behalf of its insured Poseidon Trucking Corp. (erroneously sued as Poseidon Trucking Corporation) (“Poseidon”). CCP § 387(d) states: “(1) The court shall, upon timely application, permit a nonparty to intervene in the ac...

Excerpt: ...Jinsung Moon (collectively “defendants”) move the court to enforce an oral settlement agreement between him and plaintiffs. CCP § 664.6 states: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties,...

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: ...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: ...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: ...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: ...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: ... 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...

Excerpt: ...ral negligence. Defendant moves the court for an order requiring non-party witness Kenneth Bradley, M.D. to show cause why he should not be held in contempt of a Court Order to appear as a witness for a deposition pursuant to a duly served deposition subpoena. Additionally, defendant requests monetary sanctions for attorney fees and costs. Under CCP §1992, “[a] person failing to appear pursuant to subpoena or a court order also forfeits to the...

Excerpt: ...fendants on July 10, 2017; and a First-Amended Complaint on July 3, 2018. On August 28, 2018, Plaintiffs filed the operative Second-Amended Complaint (“SAC”) alleging Motor Vehicle Negligence as well a claim for Negligent Supervision and Hiring against Defendant Peco Foods, Inc. (“Peco.”) On December 6, 2018, Peco filed the instant Demurrer to the second cause of action on grounds that Plaintiff fails to plead facts to state a claim for N...

Excerpt: ...dent that occurred on June 29, 2014. Defendant requests that the court compel plaintiff to serve verified responses without objections to defendant's third set of special interrogatories and demand for production of documents and things served on May 3, 2018. Responses were due by June 7, 2018. As of filing this motion, defendant has not received responses. The court finds that defendant properly served discovery requests and plaintiff failed to ...

Excerpt: ...g, supervision, and retention based on an incident that occurred on July 5, 2017. Trial is set for February 25, 2019. Defendants request that the court compel plaintiff to submit to a neurological examination before Jeffrey Allen Bounds, M.D., J.D., F.A.A.N. California Rules of Court, Rule 3.1345(a) requires a separate statement for motion for medical examination over objection. Plaintiff objected to defendant's demand for the examination. Defend...

Excerpt: ...ruary 25, 2019. Defendant Jesus Gaytan (“defendant”) requests that the court impose a terminating sanction against plaintiff for plaintiff's failure to appear at three noticed depositions. If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. (CCP § 2025.450(h) [depositions]; § 2030.290(c) [interrogatories]; § 203...

Excerpt: ...ert Hastings, and Zachary Hastings (“the Hastings Defendants”) for an August 19, 2016 automobile accident in San Bernardino, California. Briones-Cummings filed this Motion to transfer venue to San Bernardino County and to sever the slip and fall claims from the automobile accident claims. Bubba Gump filed a joinder to the motion to sever. Venue Bubba Gump resides in Los Angeles County and Briones-Cummings resides in Los Angeles County. (Compl...

Excerpt: ... for (1) negligence, (2) negligent entrustment, and (3) negligence per se, based on a motorcycle accident that occurred on January 5, 2016, which caused the death of Andres Angon Chavez. On November 3, 2017, plaintiffs filed a peremptory challenge to Department 98, where the case was originally assigned. On November 16, 2017, the case was assigned to Department 93. Thereafter, Department 93 of the Stanley Mosk courthouse became Department 4 of th...

Excerpt: ...e severely intoxicated so as to cause their vehicle to collide with the vehicle operated by Steven Duc Van, resulting in fatal injury to Steven Duc Van. On August 31, 2017, the court dismissed the case after finding there were no appearances at the trial. On May 15, 2018, the court granted Plaintiff's motion to set aside dismissal. On October 4, 2018, the court denied Defendant Lee's motion to quash service of process. On October 9, 2018, Defenda...

Excerpt: ...iff's healthcare providers. (Declaration of Kaitlyn J. Diamond, ¶ 5.) Plaintiff's counsel complained the subpoenas were overbroad and suggested they be limited to the past ten years and the parts of the body at issue. (Diamond Decl., ¶ 6.) Defense counsel agreed to limit the subpoenas to the past five years and to exclude all mental and psychological records. However, defense counsel would not limit the medical subpoenas to the body parts at is...

Excerpt: ...ories, and Demand for Production of Documents on Plaintiff. (Declaration of Allyson M. Welden, ¶¶ 2-5.) Defense counsel granted an extension to June 29, 2018. (Weldon Decl., ¶ 6.) On October 1, 2018, Plaintiff's counsel requested another extension while he attempted to locate Plaintiff, with whom he had lost contact. (Weldon Decl., ¶ 7.) Defendant moves to dismiss this action based on Plaintiff's apparent abandonment of this action and failur...

Excerpt: ...n November 28, 2018, St. Francis Medical Center filed a Notice of Bankruptcy Stay. On June 13, 2018, Defendant served Set One of Special Interrogatories and Request for Production of Documents on Plaintiff. (Declaration of Bryan C. Misshore, ¶ 4.) On July 27, 2018, Defendant granted an extension to August 16, 2018. (Misshore Decl., ¶ 6.) On November 6, 2018, Defendant sent a letter to Plaintiff seeking responses. (Misshore Decl., ¶ 8.) To date...

Excerpt: ...tiffs. On May 17, 2018, BB Law Group filed an Association of Counsel for Plaintiffs. Defendant contends it has been attempting to depose Plaintiff for nine months. (Declaration of Glen H. Mertens, ¶ 3.) On November 29, 2018, the parties submitted a stipulation and proposed order that Plaintiff appear for deposition on December 12, 2018. (Mertens Decl., ¶ 7.) On December 11, 2018, BB Law Group advised defense counsel that due to a conflict of in...

Excerpt: ...aintiff was walking on a sidewalk in front of 4703 McNab Avenue. (Undisputed Material Fact “UMF” Nos. 1, 2.) Plaintiff hit her right toe on a portion of uplifted sidewalk and fell. (UMF No. 1.) The sidewalk surface was dry, and there was no foreign debris on the sidewalk. (UMF No. 7.) The City moves for summary judgment on the ground the alleged defect is not a dangerous condition. II. LEGAL STANDARDS In reviewing a motion for summary judgmen...

Excerpt: ... negligence. Trial is set for March 26, 2019. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4 th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requ...

Excerpt: ...d Defendant's vehicles in Los Angeles in December of 2015. Plaintiff attempted to personally serve Defendant with the Summons and Complaint at the address provided to Plaintiff at the time of the collision but was unsuccessful. Such service was attempted on seventeen separate occasions, but the process server could never gain access to the apartment in question and/or nobody answered the door. (Mot. for Ord. for Pub. Of Summons, Ex. A.) Service b...

Excerpt: ...s discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading, including adding or striking out the name of any party, or correcting a mistake in the name of a party, or a mistake in any other <000c000b0014000c001100 00030047004c00560046[retion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit.” (Kittred...

Excerpt: ...Plaintiff filed a form complaint against Defendants Najim, Simon, and Enterprise, asserting claims for Motor Vehicle and General Negligence. On November 30, 2018, Enterprise demurred to the complaint on ground a rental car company is not liable for the actions of its customers under federal law. II. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747.) Wh...

Excerpt: ...fense counsel offered $34,000.00. (Davis Decl., ¶¶ 3, 4.) Plaintiff accepted the offer and Plaintiff's counsel orally conveyed the acceptance to defense counsel. (Davis Decl., ¶ 4.) Defense counsel faxed a letter withdrawing the offer. (Davis Decl., ¶ 6.) Plaintiff moves to enforce the settlement agreement. “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the ...