Excerpt: ...provided negligent drawings, plans, specifications, safety instructions, and designs for Plaintiff to use in constructing a building. As a result, the building Plaintiff was working on collapsed, causing him to sustain grave injuries. His wife sues for loss of consortium. Plaintiffs have added numerous doe defendants to the action, including CH2M Hill Engineers, Inc., which it named as Doe One on 9/07/23. Many defendants have pending cross-compla...

Excerpt: ... to which Digital would move to Thunder and Thunder would ultimately acquire Digital's Mobile Motion Mocap (“MMM”) unit. On 2/15/21, Thunder and Digital entered into a written MOU, the terms of which are set forth at ¶10 of the complaint. Ultimately, Digital alleges Thunder breached the agreement by not paying for services rendered, keeping all rights to the content produced, never buying Digital's assets, and instead converting the assets f...

Excerpt: ...ross-complaint against Stacy John Sanchez, Stacys In Home Care, Inc., Another Successful Venture, Inc., and Lilliana Juliano remains pending. Trial on the cross-complaint is currently scheduled for 4/05/24. b. Parties' Positions The Court requested briefing on the issue of whether the one judgment rule applies and bars entry of judgment on the complaint. Plaintiff submitted briefing on 1/05/24, and Defendant submitted briefing on 1/19/24. Plainti...

Excerpt: ...Plaintiff leased the subject automobile. Defendant seeks to compel arbitration under a third party beneficiary theory and also under an estoppel theory. On 4/04/23, two months before Defendant filed this motion, the Court of Appeals decided Ochoa v. Ford Motor Company (2023) 89 Cal.App.5 th 1324. In Ochoa, the Court of Appeals expressly considered whether a manufacturer of an automobile can enforce a dealership's arbitration agreement under a thi...

Excerpt: ...trike on 7/01/22, and the Court sustained the demurrer and granted the motion to strike with leave to amend on 11/14/22. Plaintiff filed her First Amended Complaint on 12/12/22. On 5/09/23, the Court heard the Wood Defendants' demurrer and motion to strike directed at the FAC. The Court sustained the demurrer in part and overruled the demurrer in part, and the Court granted the motion to strike in part and denied it in part. On 6/05/23, Plaintiff...

Excerpt: ... negligence, IIED, and NIED. 2. Demurrer to First Amended Complaint a. Legal Standard on 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 ...

Excerpt: ...rty'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 challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. Blank v. Kirwan 39 Cal.3d 311 (1985)....

Excerpt: ...om Defendant to Plaintiff setting forth the parties' positions and asking for a two-week extension of time to file a motion so the parties could continue to meet and confer. Defendant sent a second similar email on 8/16/23 and, having received no response, filed these motion on the statutory deadline, 8/17/23. b. Parties' Positions Defendant contends Plaintiff's responses to the discovery at issue are insufficient and should be supplemented. Defe...

Excerpt: ...ological Associates move for summary judgment, contending they complied with the standard of care at all times, and nothing they did caused or contributed to Plaintiff's claimed damages. 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) 110 Cal.App.4th 310, 317. Unless the conduct required by the particular ci...

Excerpt: ...as hired by the McCanns to manage the unit. The other defendants include the upstairs unit owner, the HOA, and the persons/entities who performed work in connection with the leak. Plaintiff's operative complaint is his original complaint, which he filed on 7/13/23. It includes causes of action for breach of the implied warranty of habitability, breach of the implied covenant of quiet enjoyment, fraud, nuisance, premises liability, negligence, bre...

Excerpt: ...ested. It contends the fraud cause of action was a lever that caused Fitness to settle its remaining claims, and therefore was not a “wash.” It contends its rates are reasonable and all hours were reasonable and actually incurred. Fitness filed objections to Palo Woods's attorney declaration in support of the reply. b. Costs As an initial note, Palo Woods seeks to recover costs by way of the motion. Costs are recoverable by way of a memorandu...

Excerpt: ...ounty filed an answer to the complaint on 7/20/23. Plaintiff dismissed the County on 7/26/23. The City of Long Beach filed an answer to the complaint on 7/27/23. CalTrans filed an answer to the complaint on 7/28/23. Plaintiff dismissed CalTrans on 7/28/23. The City of Los Angeles filed this demurrer and motion to strike on 8/10/23. Plaintiff filed timely opposition papers, and Defendant filed timely reply papers. 2. Demurrer to Complaint a. Legal...

Excerpt: ... Amended Complaint on 5/04/22. Notably, Plaintiffs did not serve any party prior to filing their FAC, and no party responded to the original complaint. On 6/13/22, Lido Sailing Club, LLC filed a demurrer to the FAC, setting it for hearing on 9/08/22. On 9/08/22, after receiving opposition and reply papers, the Court sustained the demurrer with leave to amend. On 9/30/22, Plaintiffs filed their Second Amended Complaint. On 10/05/22, Lido filed a d...

Excerpt: ...inued the hearing, after providing guidance, to require the parties to meet and confer. The parties agreed to permit Plaintiff to file an amended complaint curing the defects in the original complaint. On 11/06/23, Plaintiff filed her First Amended Complaint. The FAC includes a sole cause of action for general negligence and alleges Defendants administered dialysis treatment negligently knowing Decedent's blood pressure had dropped dangerously lo...

Excerpt: ...ing Argument At this time, Defendant, LBMMC moves for summary judgment, contending it complied with the standard of care at all times, and nothing it did caused or contributed to Decedent's death. 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) 110 Cal.App.4th 310, 317. Unless the conduct required by the par...

Excerpt: ...ant answered the complaint and filed a cross-complaint against Amigo Mobility International, Inc. for indemnification and related claims. Amigo is the entity that manufactured the scooter on which Plaintiff fell. On 1/04/24, the Court granted Plaintiff's motion for leave to add a products liability claim against Amigo by way of an amended complaint. 1. Motion to Quash Amigo propounded a deposition subpoena for production of business records on Pl...

Excerpt: ...ion and related claims. Long Beach Acquisitions filed a cross-complaint against the City. 2. Motion to Compel Deposition a. Summary Judgment Motion The City filed a summary judgment motion on 9/20/23, setting it for hearing on 2/22/24. The City supports its motion, in part, with the Declaration of Todd LeBerge. LeBerge is an expert fire marshal and managing fire protection engineer. LeBerge opines, in his declaration, that the City (through its e...

Excerpt: ...iled opposition to the motion, indicating an application had been filed and the motion would be rendered moot prior to the hearing. On 1/08/24, the Court granted the application and appointed Mi Ok Heo, Plaintiff's motion, to act as his GAL in these proceedings. On 1/10/24, apparently not having received notice of the order, Defendants filed reply papers asking the Court to grant the motion. The motion is taken off calendar as moot in light of th...

Excerpt: ...iled 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 the 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. The SAC includes causes of actio...

Excerpt: ...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 if not separately pleaded, cannot be established, or that there is a complete defense to that ...

Excerpt: ...a Scott. On 5/17/23, Plaintiff filed proof of service of the summons, FAC, and related papers on Dorita Scott, William Scott, and Judith Vela. On 6/02/23, Judith Vela, in pro per, filed an answer to the FAC. On 7/06/23, Vela filed a substitution of attorney, pursuant to which Leonard Kirschen commenced representing Vela. On 6/15/23, the Court granted Plaintiff's former attorney's motion to be relieved as counsel. On 7/17/23, Plaintiff, in pro per...

Excerpt: ...mplaint a. Legal Standard on 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 demurr...

Excerpt: ...juries to his neck and back in a prior accident in 2016, and was represented by the same attorneys in connection with that accident as he is in connection with the instant litigation. In July of 2023, Defendant asked informally for more information, and Plaintiff's attorney indicated it would be provided. It was not. Defendant continued to ask for the information, which was not provided. On 9/22/23, Defendant served a deposition subpoena for prod...

Excerpt: ...ngs. 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 challenge defects that appear on the face of the pleading under attack; or from matters ou...

Excerpt: ...elated allegations from the SAC. b. Basis for Punitive Damages Request Plaintiffs contend they sustained damage because Defendant has a pattern and practice of ignoring its obligation to remedy safety issues with its equipment. Plaintiffs support this conclusion with allegations that, in 2015, after widespread power outages, the CPUC commenced an investigation. In June of 2016, CPUC's Safety and Enforcement Division prepared a report, which concl...