Excerpt: ... and retention and (2) negligent supervision of a minor against all defendants. Plaintiff is alleging a cause of action for negligence against Does 3 through 60. Plaintiff's operative complaint is his Second Amended Complaint, which he filed on 9/20/23. 2. Motion for Summary Judgment a. Standard on Summary Judgment Summary judgment is proper “if all the papers submitted show that there is no triable issue as to any material fact and that the mo...

Excerpt: ...ed the operative Second Amended Complaint (“SAC”). Plaintiff alleges that her daughter, Marlee Sage Butler (“Marlee”) was born on April 8, 2020, with holoprosencephaly. Marlee was admitted to Medical Center on July 8, 2020. On July 15, Marlee stopped breathing and became unresponsive and required intubation. On July 18, 2020, after two tests for brain death were performed, Marlee was pronounced dead. 2. Motion for New Trial (Against Defen...

Excerpt: ... a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the ple...

Excerpt: ...f contract, breach of the implied covenant of good faith and fair dealing, intentional misrepresentation, negligent misrepresentation, and declaratory relief. Additionally, on 11/06/23, Willow filed a cross -complaint against SEJ for intentional misrepresentation, fraudulent inducement, recission, breach of contract, and breach of the implied covenant of good faith and fair dealing. 2. 22SMCV00217 On 2/16/22, SEJ Properties, L.P. filed 22SMCV0021...

Excerpt: ...Angel Gonzalez, Mission Fleet Services, LLC, and Robert Joshua Rodrigo for declaratory relief. American Family alleges the Gonzalez family removed the subject vehicle from their insurance policy prior to the collision, then attempted to add the vehicle back to the policy retroactively a few days after the collision, fraudulently declaring that the vehicle had sustained no damage during the period of time when it was not insured. American Family s...

Excerpt: ... PAMC. Plaintiff alleges LBCM, PAMC, and its principal, McCandless, breached various duties arising under the management agreement. 2. Cross -Complaint On 11/06/23, LBCM filed a cross -complaint against McCandless, PAMC, and Principle Association Management, Inc. Plaintiff's cross- complaint includes claims for express indemnification (against PAMC), equitable indemnification (against all cross -defendants), equitable indemnification (against all...

Excerpt: ..., courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the...

Excerpt: ...- complaint against Maggio. Maggio answered the complaint and cross -complaint on 10/31/22 and 11/14/22, respectively. On 2/28/23, the parties were scheduled to participate in an informal discovery conference before the Honorable Serena R. Murillo in the personal injury hub court. The IDC was not held because the Court referred the matter to Department 1 to determine whether it was complicated and should be transferred to an IC court for all furt...

Excerpt: ...ive process. The operative complaint is the First Amended Complaint, which Plaintiff filed on 5/12/23. The crux of the FAC is that Plaintiff had been working for LAUSD as a teacher's assistant and early education aide since 1999, and that at the time of her termination, she was 59 years old and had high blood pressure. Plaintiff alleges she was wrongfully terminated when she was mere months away from retirement. Specifically, Plaintiff alleges sh...

Excerpt: ...d pay her for those referrals. Defendants failed to pay, resulting in a balance due in excess of $400,000. Defendants intended to challenge the original complaint, and the parties' meet and confer efforts resulted in the filing of a First Amended Complaint. The FAC was filed on 8/18/23, and the FAC adds Lyran Consulting, Inc. as an additional plaintiff. The same causes of action from the original complaint are pled, and the main difference from t...

Excerpt: ...aims at the conclusion of the mediation. The settlement affects 246 aggrieved employees and covers the employment period between 10/04/22 and 1/26/24. The settlement requires Defendant to pay $93,500, which would be paid out as follows: $31,166.67 attorneys' fees $9688.30 litigation expenses $5500 administration expenses $5000 representative incentive payment to Plaintiff $42,156.03 net settlement remaining, of which 75% ($31,608.26) will go to L...

Excerpt: ... 11/14/23, the Court sustained Moving Defendants' demurrer without leave to amend. The following day, the Court entered judgment in Moving Defendants' favor. 2. Motion for Attorneys' Fees a. Basis for Relief Sought Defendants move for an award of attorneys' fees expended in connection with the defense of this action. They move pursuant to the governing CC&Rs. §14.06 of the CC&Rs provides, “In any legal action by an Owner(s) or the Association ...

Excerpt: ...reatment of Claudia Morales for cardiothoracic surgery. 2. Motions for Summary Judgment a. Law Governing Standard of Care The standard of care against which the acts of health care providers are to be measured is a matter within the knowledge of experts. Elcome v. Chin (2003) 110 Cal.App.4th 310, 317. Unless the conduct required by the particular circumstances is within the common knowledge of the layman, the standard of care in a malpractice act...

Excerpt: ...ction, leaving only Rodriguez as an active defendant. 2. Motion to Compel Mental Examination a. Relief Sought Defendant seeks an order compelling Plaintiff to attend a mental examination on the ground that he is claiming severe emotional distress as a result of the incident that forms the basis of the action. b. Opposition Plaintiff opposes the motion. He argues it should be denied because (a) Defendant erroneously noticed a physical examination ...

Excerpt: ... against Defendant, Dr. Cardin. 2. Motion for Summary Judgment a. Standard on Summary Judgment Summary judgment is proper “if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Code Civ. Proc. §437c(c).) Where a defendant seeks summary judgment or adjudication, he must show that either “one or more elements of the cause of action, even...

Excerpt: ...rged with taking the shipment to Kansas City. However, the rig carrying the batteries was involv ed in a single vehicle accident, resulting in the vehicle over-turning and damaging the batteries. Plaintiff alleges it suffered loss in the amount of $620,199.27, as it had to pay its insured for the damage to its goods. Relevant to today's demurrer, Prestige Transportation, Inc. filed a cross -complaint against Kenneth Lee Thorp and Linda Deane Thor...

Excerpt: ...he loans, but Defendants were neither willing nor able to make the payments when they made the representations. On 8/31/21, Plaintiffs filed proof of service on each of the defendants. The POS documents showed service on Sandu and Phan by personal service, and on Legacy by substitute service. On 11/12/21, Plaintiffs dismissed Legacy from the action. On 11/22/21, the Clerk, at Plaintiffs' request, entered Phan's and Sandu's defaults. On 4/12/22, a...

Excerpt: ... against Defendant, Dr. Cardin. 2. Motion for Summary Judgment a. Standard on Summary Judgment Summary judgment is proper “if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Code Civ. Proc. §437c(c).) Where a defendant seeks summary judgment or adjudication, he must show that either “one or more elements of the cause of action, even...

Excerpt: ...olation of Civil Code §52.1, and violation of Civil Code §51.7. 2. Motion for Summary Adjudication a. Request for Relief The City seeks summary adjudication of two issues. First, it asks the Court to adjudicate whether it is vicariously liable for a sexual assault committed by Assef when he was off duty. Second, it asks the Court to adjudicate whether any direct liability claims against it have been sufficiently pled and, if so, whether the Cit...

Excerpt: ...Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challe...

Excerpt: ...o Compel Further Responses a. Procedural History Plaintiff propounded FROGs, SROGs, and RPDs on Defendant on 9/19/23. Defendant served responses on 11/27/23. The parties met and conferred, and Defendant served supplemental responses on 1/09/24. Plaintiff filed this motion on 1/16/24. b. Meet and Confer The threshold issue on this motion is whether Plaintiff made adequate attempts to meet and confer prior to filing the motion. Defendant contends P...

Excerpt: ...imes, nothing its nursing staff did caused or contributed to Plaintiff's claimed damages, and it is not liable for the physician co -defenda nts' acts because they were neither actual nor ostensible agents of LBMMC at the time of Plaintiff's care and treatment. b. Law Governing Standard of Care The standard of care against which the acts of health care providers are to be measured is a matter within the knowledge of experts. Elcome v. Chin (2003)...

Excerpt: ...sue was as follows: Moving parties further contend that Khemiri is immune from liability under Government Code §§ 850.2 and 850.4. “Neither a public entity nor a public employee is liable for failure to establish a fire department or otherwise to provide fire protection service.” (Gov. Code § 850.) “Neither a public entity that has undertaken to provide fire protection service, nor an employee of such a public entity, is liable for any i...

Excerpt: ...here are two summary judgment motions on calendar today. The first motion was filed by Defendants, LBMMC, Ali Khoynezhad, M.D., Ph.D., and Memorial Health Services. The second motion was filed by Defendant, Praveen R. Jonnala, M.D. The crux of each motion is the same. The defendants contend they are entitled to judgment as a matter of law because expert testimony shows the moving defendants complied with the standard of care at all times and noth...

Excerpt: ...equent sexual trauma in order to establish, to the jury, that her emotional distress was caused, at least in part, by subsequent events and not by her childhood experience. Notably, the fact that Plaintiff has suffered subsequent sexual trauma is not disputed; Plaintiff has conceded sexual and other violence at the hands of her ex-husbands during discovery. Plaintiff, in opposition to the motion, relies on Knoettgen v. Superior Court (1990) 224 C...