Excerpt: ... at a shopping center owned and operated by Westfield, LLC. Plaintiff asserts causes of action for negligence and premises liability. Defendant Professional Security Consultants, Inc. (“Defendant”) which provided security services at the mall. Now, Defendant moves for summary judgment. Defendant also moves for sanctions against Plaintiff and her counsel, the law firm of Carpenter, Zuckerman & Rowley (“Plaintiff's counsel”), under Code of ...

Excerpt: ...ated by Defendant Warner Brothers Television (erroneously sued as Warner Media) (“Defendant”) in connection with shooting a television show. The second amended complaint asserts causes of action against Defendant as follows: (1) Negligence, (2) Gross Negligence, (3) Negligent Hiring, Supervision, and Retention, (4) Negligent Infliction of Emotional Distress, and (5) Strict Liability for Ultrahazardous Activities. Plaintiffs also seek punitive...

Excerpt: ... Defendant Gregory Shurvante Creech (“Defendant”), asserting causes of action for motor vehicle and general negligence, following a motor vehicle collision. On November 18, 2019, Defendant filed a motion to compel a deposition of Dr. Kevin Li (“Dr. Li”), a treating physician, after he failed to appear for his deposition after being twice served with deposition subpoenas. Defendant served this motion upon Dr. Li by overnight mail. Then, De...

Excerpt: ... Defendant Gregory Shurvante Creech (“Defendant”), asserting causes of action for motor vehicle and general negligence, following a motor vehicle collision. On November 18, 2019, Defendant filed a motion to compel a deposition of Dr. Kevin Li (“Dr. Li”), a treating physician, after he failed to appear for his deposition after being twice served with deposition subpoenas. Defendant served this motion upon Dr. Li by overnight mail. Then, De...

Excerpt: ...shall submit to the Court's tentative decision to deny the motion to stay. The Court notes that Plaintiffs did not file an opposition or response, so the Court assumes Plaintiffs take no position on the motion. If Plaintiffs' counsel appears at the hearing and indicates that his clients join in the motion, the Court would give their views great weight in ruling on this motion. TENTATIVE ORDER On October 11, 2014, Defendants Lesley Joanna Chavarri...

Excerpt: ... a passenger. Plaintiff asserts a cause of action for negligence, to which Defendant demurs. The demurrer is sustained with leave to amend. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) �...

Excerpt: ... Ivan Tseng (“Ivan”), and Janet Tseng (collectively, “Defendants”) owned the rental property in which Liu and his dog resided. Plaintiff asserts causes of action for negligence and premises liability against Defendants. Now, Defendants move for summary judgment. Plaintiff opposes the motion, which is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material ...

Excerpt: ...System-Southern California (“Defendant”) for medical negligence following the death of Leah Davidson. Plaintiffs allege that Defendant failed to treat Leah Davidson properly after she sought treatment for chest pain. Defendant moves for summary judgment. Plaintiff does not oppose the motion, which is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fac...

Excerpt: ...ns to Michael N. Feuer: (1) $100 to Mr. Feuer's 2008 campaign for the 42nd Assembly District on or about November 9, 2007; (2) $100 to Mr. Feuer's 2010 campaign for the 42nd Assembly District on or about October 19, 2010; and (3) $100 to Mr. Feuer's 2013 campaign for Los Angeles City Attorney on or about May 30, 2012. Judge Goorvitch has no personal relationship with Mr. Feuer and has had no communications with Mr. Feuer since he became the City ...

Excerpt: ... alleging that he failed to diagnose Plaintiff's cancer. Plaintiff alleges the following causes of action: (1) “Medical Malpractice,” (2) “Medical Misdiagnosis,” (3) “Negligent Infliction of Emotional Distress,” and (4) “Violation of Health and Safety Code Section 123100, et seq.” Defendant demurs to the second, third, and fourth causes of action. Plaintiff does not oppose the demurrer, which is sustained. Defendant also moves to ...

Excerpt: ...alleges that Defendants failed to timely diagnose Plaintiff with metastatic bladder cancer, reducing his chances of survival. Now, Defendants move for summary judgment on Plaintiffs' complaint, which Plaintiff opposes. The motion is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law . . . . There is ...

Excerpt: ...while under the supervision of her grandmother, Defendant Beverly Jackson (“Defendant”). Plaintiff was born In May 2013. Plaintiff alleges the following injuries: (1) In March 2015, when she was less than two years old, Plaintiff allegedly slipped and fell at Defendant's house; (2) Approximately two weeks later, Plaintiff again fell at Defendant's house; and (3) Subsequently, Plaintiff was playing outside when Defendant's dog chased her, and ...

Excerpt: ...paign for the 42nd Assembly District on or about November 9, 2007; (2) $100 to Mr. Feuer's 2010 campaign for the 42nd Assembly District on or about October 19, 2010; and (3) $100 to Mr. Feuer's 2013 campaign for Los Angeles City Attorney on or about May 30, 2012. Judge Goorvitch has no personal relationship with Mr. Feuer and has had no communications with Mr. Feuer since he became the City Attorney. The Court can be fair and impartial in this ma...

Excerpt: ...ing significant burns. Plaintiff asserts causes of action for premises liability and negligence. Defendant demurs to the complaint and moves to strike certain allegations in the complaint. Plaintiff opposes the demurrer but not the motion to strike. The demurrer is overruled, but the motion to strike is granted without leave to amend. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a comp...

Excerpt: ... moves to compel Defendant to respond to certain deposition questions. The motion is denied. LEGAL STANDARD Per Code of Civil Procedure section 2025.480, if a deponent fails to answer any question at deposition, the party that noticed the deposition may move to compel the deponent to answer. (Code Civ. Proc., § 2025.480, subd. (a).) DISCUSSION Plaintiff seeks to compel answers to the following questions: 1. Do you believe you're at fault for cau...

Excerpt: ...der being adopted by the Court. Any party who does not appear at the hearing also submits to any changes the Court makes to this tentative order following the hearing. The hearing is scheduled as follows: Los Angeles Superior Court, Spring Street Courthouse 312 North Spring Street, Department #5 (Second Floor) Los Angeles, California 90012 December 10, 2019, at 1:30 p.m. BACKGROUND Plaintiffs Adriana Martinez, Christina Jennifer Mello, Isabella J...

Excerpt: ...efendant opposes the motion. The motion is granted. LEGAL STANDARD Code of Civil Procedure section 1987.1 provides, “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by [a party or a witness] . . . may make an order quashing the s...

Excerpt: ...e stairway of Defendant's hospital. Plaintiff asserts causes of action for negligence and premises liability. Now, Defendant moves for summary judgment or, in the alternative, summary adjudication. Plaintiff does not oppose the motion for summary adjudication with respect to the second cause of action (for negligence), so that motion is granted as stipulated. However, the motion for summary adjudication is denied with respect to the first cause o...

Excerpt: ...t the time of the accident, Plaintiff was working for In and Out Removal Services (“In and Out”), which was a demolition subcontractor on a project to remodel office space. The general subcontractor on the project, Commercial Builders, Inc. (“CBI”), hired Defendant to disconnect and empty a fire suppression tank at the office space. Plaintiff alleges as follows:  “Plaintiff observed employees of [Defendant] emptying the tanks.” - �...

Excerpt: ...fendant”). Plaintiff asserts causes of action for negligence and premises liability. Now, Defendant moves for summary judgment on Plaintiff's complaint, which Plaintiff opposes. The motion is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and onl...

Excerpt: ...ped and fell at Defendant's restaurant. Defendants now move for summary judgment on Plaintiff's complaint, or, in the alternative, summary adjudication of the causes of action for negligence and premises liability. Plaintiff opposes the motion, which is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of...

Excerpt: ... a touch football game while a student at one of Defendant's schools. Plaintiff asserts a single cause of action for negligence. Defendant moves for summary judgment, arguing that it owed no duty to Plaintiff, or in the alternative, that it satisfied its duty to protect Plaintiff from reasonably foreseeable risks. Plaintiff opposes the motion, which is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasio...

Excerpt: ...Defendant moves for summary adjudication of Plaintiff's claim for punitive damages. Plaintiff opposes the motion. The motion is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law . . . . There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to...

Excerpt: ...ff asserts causes of action for motor vehicle negligence and general negligence and seeks punitive damages. Plaintiff moves to strike the prayer for punitive damages in Plaintiff's first amended complaint. Plaintiff opposes the motion, which is denied. LEGAL STANDARD Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal...

Excerpt: ...rom a dog bite on January 23, 2013. The complaint was filed on July 24, 2013, and Defendant was added as a defendant on July 13, 2016. Plaintiff served Defendant on September 29, 2019. Now, Defendant moves to dismiss this case for failure to serve the summons and complaint within three years. The Court had also issued an Order to Show Cause (“OSC”) Re: Dismissal for the same reason. Plaintiff opposes the motion. The Court grants the motion an...

Excerpt: ...iff Zenia Melara (“Plaintiff”). Plaintiff does not oppose the motion, which is granted. LEGAL STANDARD As a treating health care practitioner, Wilker is entitled to reasonable fees for his deposition testimony if Defendant plans to ask Wilker “to express opinion testimony, including opinion or factual testimony regarding the past or present diagnosis or prognosis made by the practitioner or the reasons for a particular treatment decision ma...

Excerpt: ...tive defense that Civil Code section 3333.4 bars Plaintiff's claim for non-economic damages. Plaintiff opposes the motion, which is granted. LEGAL STANDARD Per Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or ...

Excerpt: ...ree. Plaintiff asserts causes of action for negligence and premises liability. Now, Defendant moves for summary judgment or, in the alternative, summary adjudication of each cause of action. Plaintiff opposes the motion, which is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triab...

Excerpt: ...ed. The apartment complex was owned and operated by Defendants Albert Rosen and Myra Rosen (“Defendants”). Plaintiff asserts causes of action for negligence and premises liability. Defendants move for summary judgment on Plaintiff's complaint. Plaintiff opposes the motion. The Court previously held a hearing on July 25, 2019, but continued the hearing to afford Plaintiff an opportunity to conduct discovery. The Court now denies Defendants' mo...

Excerpt: ...summary judgment, which Plaintiff opposes. The motion is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accord...

Excerpt: ...ributions to Michael N. Feuer: (1) $100 to Mr. Feuer's 2008 campaign for the 42nd Assembly District on or about November 9, 2007; (2) $100 to Mr. Feuer's 2010 campaign for the 42nd Assembly District on or about October 19, 2010; and (3) $100 to Mr. Feuer's 2013 campaign for Los Angeles City Attorney on or about May 30, 2012. Judge Goorvitch has no personal relationship with Mr. Feuer and has had no communications with Mr. Feuer since he became th...

Excerpt: ...n on or before November 7, 2019. Plaintiff's counsel did not file a supplemental declaration on or before the deadline. Therefore, the Court adopts its tentative order and denies the motion. TENTATIVE ORDER BACKGROUND Plaintiff Lily Jane Nunies (“Plaintiff”) filed this action after falling in a restaurant owned and operated by Defendant BJ's Restaurants, Inc. (“Defendant”). Plaintiff moves for an order granting trial preference per Code o...

Excerpt: ...t for Dangerous Condition of Public Property. Now, Defendant moves to strike references to Government Code sections 815.6, 840.2, and 840.4 from Plaintiff's complaint. The motion is granted without leave to amend. LEGAL STANDARD Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b...

Excerpt: ...(“Defendant”) after he collided with a metal pole during recess. Defendant demurs to the second cause of action in Plaintiff's first amended complaint. The demurrer is overruled. Defendant moves to strike portions of the first amended complaint. The motion is denied. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388...

Excerpt: ... which Novar Ismailyan (“Decedent”) died. Defendant moves for a stay of this action against Defendant, or, in the alternative, for a stay of all discovery against Defendant. The motion is granted with respect to a stay of all discovery against Defendant. The motion is otherwise denied. LEGAL STANDARD Where a civil defendant faces criminal prosecution based on the same facts as those at issue in a pending civil action, the defendant is entitle...

Excerpt: ...tiff moves to quash or limit subpoenas for medical, billing, and radiology records that Defendant served on: (1) Brentview Medical Urgent Care; (2) Broadway Surgery Specialists; (3) Aaron Coppelson, M.D.; (4) Cornea Genetic Management; (5) HAAS Spine & Orthopaedics; (6) Abraham Ishaaya, M.D.; (7) Rodrick Khosrovian, D.C.; (8) Linden Surgical Center; (9) Maurice Darvish, M.D.; (10) Medical Imaging Center of Southern California; (11) Metro Nursing ...

Excerpt: ...1) $100 to Mr. Feuer's 2008 campaign for the 42nd Assembly District on or about November 9, 2007; (2) $100 to Mr. Feuer's 2010 campaign for the 42nd Assembly District on or about October 19, 2010; and (3) $100 to Mr. Feuer's 2013 campaign for Los Angeles City Attorney on or about May 30, 2012. Judge Goorvitch has no personal relationship with Mr. Feuer and has had no communications with Mr. Feuer since he became the City Attorney. The Court can b...

Excerpt: ...24, 2019, Plaintiff substituted ESA Management, LLC (“Defendant”) for Doe 2. Defendant moves to quash service of process and dismiss the action on the grounds that Plaintiff did not timely serve Defendant. Plaintiff opposes the motion. The motion is granted. LEGAL STANDARD Per Code of Civil Procedure section 583.210, subdivision (a), “The summons and complaint shall be served upon a defendant within three years after the action is commenced...

Excerpt: ... International and Victory Outreach Salinas. Defendant Nicholas Langerica (“Defendant”) was the assistant pastor for the region of Victory Outreach International that included the home. Plaintiff alleges that he was required to perform community service work outside the residence, even though his visible tattoo made him a target for gang members, and that he was shot as a result. Defendant moves for summary judgment on Plaintiff's complaint f...

Excerpt: ...lt judgment Plaintiff took against Defendant. The motion is granted. EVIDENCE The Court sustains Plaintiff's Objections Numbers 23 through 29. The Court overrules Plaintiff's other objections to Defendant's evidence because they go to weight, not admissibility. DISCUSSION Defendant seeks an order setting aside the default judgment entered on August 15, 2019. To the extent Defendant seeks relief under Code of Civil Procedure section 473(b), the mo...

Excerpt: ...endants”) oppose the motion. The motion is granted. LEGAL STANDARD Per Code of Civil Procedure section 2034.610, subdivision (a), “On motion of any party who has engaged in a timely exchange of expert witness information, the court may grant leave to do either or both of the following: [¶] (1) Augment that party's expert witness list and declaration by adding the name and address of any expert witness whom that party has subsequently retaine...

Excerpt: ... death of Decedent Damien Cayetano (“Decedent”). Defendant demurs to the complaint, which Plaintiff opposes. The demurrer is overruled. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) �...

Excerpt: ...xander, M.D. (“Dr. Alexander”) to comply with a deposition subpoena for the production of medical records. Defendant personally served the motion upon Dr. Alexander, and the motion is unopposed. The motion is granted. LEGAL STANDARD Code of Civil Procedure section 1987.1 provides, “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or a...

Excerpt: .... Defendant now moves for summary judgment, which Plaintiff opposes. The motion is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opp...

Excerpt: ...intiff asserts a cause of action for negligence, and her husband, co- Plaintiff Patrick Leitheiser, asserts a cause of action for loss of consortium. The Court ordered Plaintiff Patricia Leitheiser to submit to an orthopedic exam and provided notice that the Court would grant a motion for terminating sanction if she failed to do so absent good cause. Now, Defendants move for terminating sanctions and proffer a report from the physician stating th...

Excerpt: ...”) opposes the motion, which is granted. LEGAL STANDARD “When a defendant challenges . . . jurisdiction by bringing a motion to quash, the burden is on the plaintiff to prove the existence of jurisdiction by proving . . . the facts requisite to an effective service.” (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1439-40.) EVIDENCE Plaintiff's objections to Defendant's evidence are overruled. Defendant's evidence has suffici...

Excerpt: ...lica Aubery and owned by the Los Angeles County Metropolitan Transportation Authority (collectively, “Defendants”). Defendants move for summary judgment, and Plaintiff filed no opposition to the motion. The motion is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law . . . . There is a triable i...

Excerpt: ...alpractice action against Defendant Bryce R. Ko, M.D. (“Defendant”) following the death of Decedent Juan Montes Martinez (“Decedent”). Plaintiffs allege that Defendant treated Decedent at the La Palma Intercommunity Hospital on May 29, 2017, relating to an injury, following which he died from “sepsis due to an infected hematoma around his left kidney.” (David Brady Pregerson, M.D., ¶ 15.) Now, Defendant moves for summary judgment on ...

Excerpt: ...shed between a trailer and another vehicle. Plaintiff has agreed to submit to an independent medical examination with Robert J. Friedman, M.D., who is a neurologist. Defendants request an order compelling Plaintiff to submit to two additional physical examinations: one with an orthopedic surgeon; and one with a forensic medical rehabilitation physician. The motion is denied without prejudice. LEGAL STANDARD When the physical condition of the plai...

Excerpt: ...dants”). On December 18, 2018, Plaintiff, then a self-represented party, moved ex parte to continue the trial date in order to retain counsel. The Court (Lu, J.) granted the application and continue the trial from January 16, 2019, to July 16, 2019, at 8:30 a.m. Although Plaintiff was present, the Court ordered Defendants to provide notice of the trial continuance. Defendants did so by serving Plaintiff at both her physical address and her mail...

Excerpt: ...ively, “Defendants”) following a motor vehicle accident. Pursuant to Code of Civil Procedure Sections 2032.020, 2032.310, and 2032.320, Defendants move for an order granting leave to conduct the following four separate medical examinations of Plaintiff: An ophthalmological examination, an orthopedic examination, a neuropsychological examination, and a psychological examination. Plaintiff opposes the motion, which is granted. LEGAL STANDARD In...

Excerpt: ...tively “Plaintiffs”) filed this action following a motor vehicle collision. Plaintiff Scott Thompson, who is employed by the Riverside County Sheriff's Department (the “Sheriff's Department”), seeks compensation for lost wages and earning capacity. (First Amended Complaint, ¶ 20.) Plaintiff Scott Thompson also alleges a loss of income of $6,514.15 as a result of his injuries. (Ortiz Decl. Exh. C, at p. 9:21-26.) Defendant issued a subpoe...

Excerpt: ...ants”) based on injuries Plaintiff sustained from a dog attack. Defendants move for summary judgment on Plaintiff's complaint, or, in the alternative, summary adjudication of the causes of action for negligence, negligence per se, and common law strict liability. Plaintiff opposes the motion. The motion is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material...

Excerpt: ...laintiff alleges that she slipped on a sticky substance on the floor of Defendant's school, and then fell down an adjacent stairwell. Defendant now moves for summary judgment on Plaintiff's complaint, which Plaintiff opposes. The motion is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There ...

Excerpt: ...ation. Defendant demurs to Plaintiff's complaint, which Plaintiff opposes. The demurrer is overruled. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal construction me...

Excerpt: ...Feuer: (1) $100 to Mr. Feuer's 2008 campaign for the 42nd Assembly District on or about November 9, 2007; (2) $100 to Mr. Feuer's 2010 campaign for the 42nd Assembly District on or about October 19, 2010; and (3) $100 to Mr. Feuer's 2013 campaign for Los Angeles City Attorney on or about May 30, 2012. Judge Goorvitch has no personal relationship with Mr. Feuer and has had no communications with Mr. Feuer since he became the City Attorney. The Cou...

Excerpt: ...thern California's emergency room and alleges that Defendant failed to diagnose her pelvic fractures. Defendant Beller, a radiologist who read the imaging studies of Plaintiff, moves for summary judgment or, in the alternative, summary adjudication of Plaintiff's cause of action for medical negligence. Defendant Angelique Campen, M.D. (“Defendant Campen”), the emergency room physician who ordered the imaging studies of Plaintiff, joins in the...

Excerpt: ...thern California's emergency room and alleges that Defendant failed to diagnose her pelvic fractures. Defendant Beller, a radiologist who read the imaging studies of Plaintiff, moves for summary judgment or, in the alternative, summary adjudication of Plaintiff's cause of action for medical negligence. Defendant Angelique Campen, M.D. (“Defendant Campen”), the emergency room physician who ordered the imaging studies of Plaintiff, joins in the...

Excerpt: ...o (“Benito”), Isaiah Lim (“Lim”) (collectively, “Defendants”) for medical malpractice. Plaintiff underwent a colonoscopy and endoscopy at White Memorial. During the procedure, Plaintiff awoke and tried to get out of the hospital bed. Lim, a hospital employee, grabbed Plaintiff to stop him from falling, and in the process, some formalin from a container Lim was holding splashed on Plaintiff's face. Plaintiff claims injuries to his eye ...

Excerpt: ...“bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to reach a final det...

Excerpt: ... moves to compel the depositions of Defendant's persons most qualified to testify on specified topics, as well as three of Defendant's employees, and Defendant's retained expert. LEGAL STANDARD Plaintiff has the right to take Defendant's deposition and is entitled to do so without leave of court at any time after Plaintiff served Defendants, or after Defendants appeared in the action. (See Code Civ. Proc., § 2025.210, subd. (a).) Per Code of Civ...

Excerpt: ...or vehicle collision. Plaintiff alleges that Defendant Johnny Wilfredo Ochoaortiz (“Ochoaortiz”) collided with Plaintiff when Ochoaortiz made an unsafe left turn at the intersection adjacent to Defendant's store. It is undisputed that at the time of the accident, Ochoaortiz was a day laborer who congregated with other laborers in the parking lot of Defendant's store. Plaintiff moves to compel the deposition of Defendant's persons most qualifi...

Excerpt: ...dants Rochelle Sterling, the Sterling Family Trust, Doe Property Owners 1 through 9, Beverly Hills Properties, LLC, DOE Property Managers 10 through 19, and DOES 20 through 100. Plaintiff sought to take the deposition of Rochelle Sterling (“Defendant”) and now files a motion to compel in order to do so. Defendant opposes the motion, arguing that Plaintiff has sued the wrong individual. The motion is granted. LEGAL STANDARD Per Code of Civil P...

Excerpt: ...pelling Plaintiff to submit to a physical examination with Jerry Sebag, M.D. (“Dr. Sebag”). Plaintiff opposes the motion, which is granted in part and denied in part. LEGAL STANDARD When the physical condition of the plaintiff is in controversy in a personal injury case, the defendant may obtain a physical examination of the plaintiff. (Code Civ. Proc., §§ 2032.020, 2032.220.) A defendant is permitted to one physical examination of the plai...

Excerpt: ...ute of Minimally Invasive Surgery (“Deponent”) to comply with a deposition subpoena for the production of medical records. Plaintiff has not opposed the motion. The motion is granted. LEGAL STANDARD Code of Civil Procedure section 1987.1 provides, “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, o...

Excerpt: ...s that she was walking on the path to the parking lot when she tripped and fell on the edge of the planter. Defendant now moves for summary judgment on Plaintiff's complaint for negligence and premises liability. The motion is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable i...

Excerpt: ...c. (“Defendant”). Plaintiff asserts causes of action for negligence and premises liability. Now, Defendant moves for summary judgment or, in the alternative, summary adjudication of each cause of action. Defendant argues that the allegedly dangerous condition was open and obvious, and that Defendant had no actual or constructive notice of the allegedly dangerous condition. Plaintiff opposes the motion, which is denied. LEGAL STANDARD The func...

Excerpt: ... a general contractor at a property owned by Defendant Aquareal Holding Corporation (“Aquareal”). Specifically, Plaintiffs allege as follows: Defendant Berger Pool Plumbing was also working at the subject premises. Among other things, Defendant Berger Pool Plumbing was cutting an opening in what was to become the [J]acuzzi spillway. Defendant Berger Pool Plumbing was also pouring concrete. Due to defective workmanship, however, the concrete w...

Excerpt: ...vance of the hearing on Defendant's motion for terminating sanctions and motion for an order to show cause re: contempt against Plaintiff. The hearing shall be held as follows: Los Angeles County Superior Court Spring Street Courthouse, Department #5 (Goorvitch, J.) 312 North Spring Street Los Angeles, California 90012 Friday, October 4, 2019, at 1:30 p.m. If Plaintiff does not appear at the hearing to oppose the motions or to request a continuan...

Excerpt: ...ng on an overpass that crosses the 110 Freeway at West 220th Street. Plaintiff asserts a single cause of action for government liability – dangerous condition of public property. Plaintiff initially brought this action against Defendants California Department of Transportation, Los Angeles Unified School District, City of Torrance, City of Carson, City of Los Angeles, and County of Los Angeles. Plaintiff subsequently dismissed the City of Torra...

Excerpt: ...). Plaintiff alleges that Dr. Benjamin Lesin breached the standard of care with respect to his surgery and treatment. Specifically, Plaintiff alleges that: (1) He had an initial consultation on November 11, 2016; (2) Defendant performed surgery on December 14, 2016; (3) Defendant removed splint and staples on December 27, 2016;[1] (4) Defendant removed the cast on February 7, 2017; (5) Defendant removed the K-wires on March 6, 2017; (6) a CT scan...

Excerpt: ...ndants Philip Ulloa and Classic Distributing and Beverage Group, Inc. (collectively “Defendants”) for injuries he sustained in a motor vehicle collision. On October 10, 2018, the Court granted an ex parte application to continue the trial to March 4, 2019, but the Court did not extend the discovery and motion cutoff date. Defendants move to reopen discovery with respect to Plaintiff's claim for lost earnings. Defendants also move to compel th...

Excerpt: ...Michael Shapiro, asserting a single cause of action for professional negligence arising from hip replacement surgery. Defendant Michael Shapiro (“Defendant”) now moves for summary judgment. The Plaintiff has not filed any opposition. LEGAL STANDARD The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an or...

Excerpt: ... of the gymnasium, causing injury. She filed this action, asserting a single cause of action for negligence based on a premises liability theory. Defendants move for summary judgment, which Plaintiff does not oppose. The Court grants summary judgment. LEGAL STANDARD In deciding a motion for summary judgment, the Court must determine whether there is sufficient evidence to create a triable issue. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4t...

Excerpt: ...ING LEBLANC TO TRANSFER PLAINTIFF'S FILE 3. D'ATTARAY'S EX PARTE APPLICATION TO STRIKE LEBLANC'S MOTION FOR AN ORDER APPOINTING A NEW GUARDIAN AD LITEM 4. LEBLANC'S MOTION FOR AN ORDER APPOINTING A NEW GUARDIAN AD LITEM INTRODUCTION Jeff LeBlanc, Esq. (“LeBlanc”) represented Curtis Jackson, Jr. (“Plaintiff”), by and through his guardian ad litem and father, Curtis Jackson (“Jackson”), in a personal injury action that resolved. Before ...

Excerpt: ...l negligence and loss of consortium in the complaint. Defendant extracted 18 teeth from Plaintiff David Acosta (“Plaintiff”), who is married to co-Plaintiff Maria Acosta.). Plaintiffs allege that, because Plaintiff has high blood pressure and uses an anticoagulant medication, Warfarin, he suffered severe bleeding following the procedure. Plaintiffs allege that Defendant was negligent in performing the extractions in light of Defendant's medic...

Excerpt: ...r issue, evidentiary, and monetary sanctions against Defendant, contending that Defendant failed to preserve or destroy video footage of her accident. The motion is denied. “Spoliation is the destruction or significant alteration of evidence, or the failure to preserve property for another's use as evidence, in pending or future litigation.” (Hernandez v. Garcetti (1998) 68 Cal.App.4th 675, 680.) Under California law, a party cannot destroy e...

Excerpt: ... order to preclude Defendant from continuing the deposition of Everette Cain (“Cain”), who is Plaintiff's grandnephew, and also a member of the church. Plaintiff also moves to compel compliance with a subpoena Plaintiff served on third-party Kaiser Foundation Health Plan (“Kaiser”). Both motions are denied. DISCUSSION A. Motion for Protective Order Code of Civil Procedure section 2025.420 provides, “The court, for good cause shown, may ...

Excerpt: ..., against the Rehabilitation Centre of Beverly Hills (“Defendant”). Plaintiff alleges the following: Plaintiff was admitted to Defendant's facility for post-surgery recovery on October 3, 2016. Approximately five days later, on October 8, 2016, an occupational therapist named “Tavett” grabbed Plaintiff's surgical hospital gown and touched Plaintiff inches above the bottom of his gown. Tavett simultaneously pulled out Plaintiff's drainage ...

Excerpt: ... occurred on May 23, 2016. The Court previously struck the prayer for punitive damages and attorney's fees based on Plaintiffs' failure to plead sufficient facts. Plaintiff filed a first amended complaint with additional allegations, including that Defendant Victor Asemota “fled the scene of the accident without identifying himself and/or providing any assistance to Plaintiff.” (FAC ¶¶ 15, 23.) The first amended complaint also alleges that ...

Excerpt: ...f Documents (“RPD”), set one; (2) Form Interrogatories (“FROG”), set one, and (3) Special Interrogatories (“SROG”), set one. The motions are denied, and the Court declines to award sanctions. Defendant served the FROG, SROG and RPD on Plaintiffs by mail on May 31, <0003002d0058004f005c00 00110003000300320051> August 1, 2018, Defendant granted Plaintiffs an extension of time to serve responses by September 5, 2018. Plaintiffs served re...

Excerpt: ...r, filed this action by and through her Guardian ad Litem Celia Palma Hernandez alleging that she was physically and verbally threatened, abused, harassed, assaulted, and sexually assaulted by multiple fellow students. Plaintiff asserts a single cause of action against Defendant Los Angeles Unified School District (“Defendant”), erroneously sued as “Hyde Park Elementary School,” for failing to supervise students adequately. Defendant move...

Excerpt: ...”), an employee of defendant Lakewood Regional Medical Center, Inc. (“Defendant Lakewood”) (collectively, “Defendants”), when she inquired about some hospital records relating to her mother's care. Plaintiff asserts causes of action for assault and battery, and seeks various damages, including punitive damages. Plaintiff now seeks pretrial discovery concerning Defendants' finances. Defendants oppose the motion. The motion is denied beca...

Excerpt: ...ourt would take the hearing off-calendar and issue the tentative as the final order. At least one party requested a hearing. Therefore, the hearing on this motion is continued to February 15, 2019, at 1:30 p.m. The Court's clerk shall provide notice of the new hearing date and time. The Court issues the following tentative in advance of the hearing. BACKGROUND <004c00510057004c004900 004a00480047004f005c[ fell at a property managed by Defendant W...

Excerpt: ...remises liability after Plaintiff was bitten by a dog. It is undisputed that Defendant owns a property across the street from the location of the attack. On July 24, 2018, Plaintiff filed amendments to complaint, substituting in Michael Slaurs, “Mr. Slaurs,” and “Mrs. Slaurs” for Does 1, 2, and 3, respectively. Defendant now moves for summary judgment. Plaintiff opposes the motion. The motion for summary judgment is granted. LEGAL STANDAR...

Excerpt: ...r punitive damages. Plaintiff opposes the motion. The motion is denied. LEGAL STANDARD Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On a motion to strike, the court may: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out...

Excerpt: ...f Documents (“RPD”), set one; (2) Form Interrogatories (“FROG”), set one, and (3) Special Interrogatories (“SROG”), set one. The motions are denied, and the Court declines to award sanctions. Defendant served the FROG, SROG and RPD on Plaintiffs by mail on May 31, <0003002d0058004f005c00 00110003000300320051> August 1, 2018, Defendant granted Plaintiffs an extension of time to serve responses by September 5, 2018. Plaintiffs served re...

Excerpt: ...cle collision. Plaintiffs move to strike Paragraph #4 and Attachment #4, including all exhibits, from Defendants' answers. The unopposed motion to strike is granted. LEGAL STANDARD Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1); Cal. Rules of Court, rule 3.1322, subd. (b).) On a motion to strike, the court may: (1) st...

Excerpt: ...azar”) (collectively, “Plaintiffs”) as a discovery sanction. The motion is granted as to an order dismissing Haring's claims. The motion is denied without prejudice as to Salazar's claims. LEGAL STANDARD The Court has discretion to impose terminating sanction when a party willfully disobeys <0011001300140013000f00 004a000c000f00030015>030.290, subd. (c).) The Court may impose a terminating sanction by dismissing the party's action. (Code Ci...

Excerpt: ...laintiff's forehead with the sharp glass cup that was left unattended on the counter of the bar for no apparent reason.” (Complaint at p. 4.) Plaintiff asserts causes of action for general negligence and intentional tort, alleging that Defendant “did nothing to prevent the attack or help Plaintiff secure the assaulting patron's information after the attack.” (Complaint at p. 5.) Plaintiff also alleges that Defendant did not stop the patron ...

Excerpt: ...eges as follows: Plaintiff complains and alleges that ORACLE INTERNATIONAL CORPORATION failed to respect the duty of care to act as a responsible entity that would behave in accordance to the Constitution of the United States of America and its laws. Defendant ORACLE INTERNATIONAL CORPORATION breached an obligation not arising out of contract, where it is proven by clear and convincing evidence that the Defendant is liable and guilty of oppressio...

Excerpt: ...an Transportation Authority (“Defendant Metro”). Plaintiff filed the complaint on October 5, 2018, asserting a claim for motor vehicle negligence. Defendant Metro demurs to the complaint, arguing that Plaintiff has not alleged any facts demonstrating compliance with the California Government Tort Claims Act, viz., Government Code section 900,et seq. Plaintiff opposes the demurrer, arguing that the complaint provides sufficient information. Th...

Excerpt: ...g Plaintiff to submit to a physical examination. Plaintiff opposes the motion. The motion is granted. LEGAL STANDARD When the physical condition of the plaintiff is in controversy in a personal injury case, the defendant may obtain a physical examination of the plaintiff. (Code Civ. Proc., §§ 2032.020, 2032.220.) A defendant is permitted to one physical examination of the plaintiff in a personal injury action on demand. (Code Civ. Proc., § 203...

Excerpt: ...ndant”). (Complaint at p. 4.) Plaintiff was not an employee of Defendant but rather worked for Select Staffing Services (“Select Staffing”). (Undisputed Material Fact No. 8.) As such, Plaintiff was on the Select Staffing payroll and was assigned to Defendant's plant in Irwindale, California. (Ibid.) Plaintiff asserts a single cause of action for premises liability, alleging there was water on the stairs; there was not proper weatherproofing...

Excerpt: ...bursed Mr. Girardi for the fair market value of anything received (e.g., food, etc.). Judge Goorvitch does not have a close, personal relationship with Mr. Girardi that would require recusal under the California Code of Judicial Ethics and believes that he can be fair and impartial in all matters handled by Girardi & Keese. BACKGROUND Plaintiff Ripsime Yesayan (“Plaintiff Yesayan”) and her husband, Haykaz Shimshiryan (“Plaintiff Shimshiryan...

Excerpt: ..., 2019, at 4:30 p.m., the parties will waive their right to a hearing, and this tentative order will be issued. If one or both parties request a hearing on this motion, the Court will continue the hearing to February 15, 2019, at 1:30 p.m., and the Court's clerk will provide notice. Plaintiff Duck Jin Choi (“Plaintiff”) moves to consolidate this case with Youm v. SBR Construction Inc., et al.<000f000300440051004700 03[Choi v. Ryan Rocco, et a...

Excerpt: ....m., the parties will waive their right to a hearing, and this tentative order will be issued. If one or both parties request a hearing on this motion, the Court will continue the hearing to February 15, 2019, at 1:30 p.m., and the Court's clerk will provide notice. Plaintiff John Armendariz (“Plaintiff”) alleges Defendant Raymond Allen Shofler, M.D. (“Defendant”) failed to properly suture his stomach muscles during a surgery. Defendant m...

Excerpt: ...arties will waive their right to a hearing, and this tentative order will be issued. If one or both parties request a hearing on this motion, the Court will continue the hearing to February 15, 2019, at 1:30 p.m., and the Court's clerk will provide notice. BACKGROUND Plaintiffs Patricia Pietschmann (“Patricia”) and Richard J. Pietschmann (“Richard”) filed this action against Defendants VDA Property Company, Inc. and Ralphs Grocery Company...

Excerpt: ...es will waive their right to a hearing, and this tentative order will be issued. If one or both parties request a hearing on this motion, the Court will continue the hearing to February 15, 2019, at 1:30 p.m., and the Court's clerk will provide notice. BACKGROUND <004c00510057004c004900 004a00480047004f005c[ fell at a property managed by Defendant Westlake Properties, Inc. (“Defendant”), resulting in injuries. Plaintiff filed this action on O...

Excerpt: ...r right to a hearing, and this tentative order will be issued. If one or both parties request a hearing on this motion, the Court will continue the hearing to February 15, 2019, at 1:30 p.m., and the Court's clerk will provide notice. Plaintiff Monesha Hunter (“Plaintiff”) moves for relief from this Court's order of October 29, 2018, in which the Court granted the motion by Defendant Round Trip Transportation (“Defendant”) to deem admitte...