Excerpt: ... and Victory Outreach Salinas (collectively “Victory Outreach”). Plaintiff alleges that he was required to perform volunteer work outside in order to reside at the home, which made him a target for gang members, given his visible tattoo. Plaintiff alleges that he eventually was shot on July 13, 2016. Plaintiff filed this action on January 9, 2018 against Victory Outreach, as well as Raul Astorga, the on-site manager, and Nicholas Langerica, t...

Excerpt: ...rt's clerk), the parties will waive their right to a hearing on this motion, and this order will issue. However, if at least one party requests a hearing, the Court will reschedule the hearing in this matter. The parties are ordered to notify the Clerk whether they are requesting a hearing. TENTATIVE ORDER ON MOTION BACKGROUND Plaintiff Jeffrey Slutske (“Plaintiff”) filed this action against Defendant Theresa Gratton (“Defendant”) followi...

Excerpt: ...tem, and Nina (collectively, “Plaintiffs”) filed this action on November 13, 2017 alleging Defendants Intex Crop., Intex Recreation Corp., and Intex Group (collectively, “Defendants”) sold a defective above-ground pool and pool ladder, which caused Nina's injuries. On January 30, 2019, the parties participated in an Informal Discovery Conference with the Court regarding Defendants' responses to Plaintiff's Requests for Documents and the d...

Excerpt: ...s this tentative order. If no party requests a hearing (by alerting the Court's clerk), the parties will waive their right to a hearing on this motion, and this order will issue. However, if at least one party requests a hearing, the Court will reschedule the hearing in this matter. The parties are ordered to notify the Clerk whether they are requesting a hearing. TENTATIVE ORDER ON MOTION BACKGROUND Plaintiff Valerie Lopez (“Plaintiff”) file...

Excerpt: ...party requests a hearing (by alerting the Court's clerk), the parties will waive their right to a hearing on this motion, and this order will issue. However, if at least one party requests a hearing, the Court will reschedule the hearing in this matter. The parties are ordered to notify the Clerk whether they are requesting a hearing. TENTATIVE ORDER ON MOTION BACKGROUND Plaintiffs Sonrisa Scott and Jane Doe, by and through his guardian ad litem ...

Excerpt: ...ndant Joyce Carlson (“Defendant”) attacked Plaintiff's dog, causing her to fall to the ground, on April 17, 2017. Defendant served interrogatories in this case, requesting “All medical records for treatment YOU received for anything relating to YOUR head, neck, or face within two years before or after the incident in dispute.” (Lange Decl., ¶ 3, Exh. #1, pp. 7-8.) The request was not limited to treatment concerning the alleged injuries. ...

Excerpt: ...he death of his mother, Decedent Mei Di Zhang (“Decedent”). Decedent lived in an apartment complex owned and controlled by Defendants, which is where she died. Defendants served deposition subpoenas on: (1) Chinatown Service Center—Behavioral Health Division; (2) Chinatown Service Center—Alhambra Office; (3) County of Los Angeles Community and Senior Services Adult Protective Services East Los Angeles Office (the “County”), and (4) IH...

Excerpt: ...nder the supervision of Defendant Beverly Jackson (“Defendant”). Defendant is GAL's mother and Plaintiff's grandmother. Defendant moves to compel GAL to respond to deposition questions. The motion is granted with respect to all questions except for Question #1 through Question #4. The Court attempted to hold this hearing on March 6, 2019. There was a court reporter present, but both attorneys appeared via court call. The Court advised counsel...

Excerpt: ... Plaintiff filed this action against Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”), asserting causes of action for negligence and intentional infliction of emotional distress. Defendant moves for judgment on the pleadings on Plaintiff's complaint. The motion is granted with leave to amend. LEGAL STANDARD A motion for judgment on the pleadings has the same function as a general demurrer, but may be made after...

Excerpt: ...Academy at Defendant Clubcorp Braemar Country Club, Inc. (“Defendant”) when he fell off a golf cart that Defendant's employee was driving. Plaintiff asserts causes of action for negligence and gross negligence, and he seeks punitive damages. Defendant moves to strike the prayer for punitive damages and all related allegations in the first amended complaint. The motion to strike is denied. Any party, within the time allowed to respond to a ple...

Excerpt: ...working on a project. Defendant moves for summary judgment on Plaintiff's complaint, or, in the alternative, summary adjudication of the causes of action for negligence and premises liability in the complaint. Plaintiff opposes the motion. The City of Carson, a co-defendant, also opposes the motion, but it lacks standing to do so, as the motion is directed at Plaintiff's claims. The Court denies the motion for summary adjudication of the negligen...

Excerpt: ...d or controlled by Safeway, Inc. and the Vons Company (“Defendants”). Plaintiff asserts a cause of action for negligence, and her husband, co-Plaintiff Patrick Leitheiser, asserts a cause of action for loss of consortium. Plaintiff claims that she is suffering from depression as a result of the fall. Defendants' expert, Dr. Phillip O'Carroll, attempted to conduct a neurological examination of Plaintiff, but he was unable to perform the examin...

Excerpt: ... allowed to enter his lane. Plaintiff now seeks to file a first amended complaint, and Defendants oppose the motion. The motion is denied without prejudice as procedurally defective. 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 correc...

Excerpt: ...amages allegations in the complaint. In the complaint, Plaintiff Nicole Dembowich (“Plaintiff”) alleges that she and Flores are residents of the Eaves, and that Flores's dog attacked her in a common area of the community. The motion to strike the punitive damages allegations against Flores is denied. The motion to strike the punitive damages allegations against the Eaves is granted with leave to amend. LEGAL STANDARD Any party, within the tim...

Excerpt: ...n August 11, 2017, asserting causes of action for general negligence and premises liability. Defendant now moves for summary judgment, and 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 ...

Excerpt: ...d Estacuy-Lopez (“Decedent”). Plaintiffs allege that Decedent died as a result of a motor vehicle accident on the Interstate 5 in Kern County. (Complaint, ¶ 2.) Defendant California Department of Transportation (“Defendant”) moves to transfer the venue in this action to Kern County. Plaintiffs have not opposed the motion. The motion is granted. LEGAL STANDARD If a defendant contends that that the Court in which the plaintiff filed the co...

Excerpt: ...nder the supervision of Defendant Beverly Jackson (“Defendant”). Defendant is GAL's mother and Plaintiff's grandmother. Defendant moves to compel GAL to respond to deposition questions. The motion is granted with respect to all questions except for Question #1 through Question #4. 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 mov...

Excerpt: ...fendants move to compel the mental examination of Plaintiff by neuropsychologist George Henry, Ph.D. The motion is granted. DISCUSSION Per Code of Civil Procedure section 2032.310, a party that seeks to require another party to submit to a mental examination must obtain leave of the Court. The motion to compel a mental examination must specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and s...

Excerpt: ...Defendant”) when she was injured. Specifically, Plaintiff used a curved barbell bar, which then fell on her on or about December 28, 2016. On or about November 14, 2017, plaintiff filed this action asserting the following causes of action: (1) Gross Negligence; (2) Premises Liability; and (3) Negligent Hiring, Supervision, and Retention. Plaintiff also seeks punitive damages. Defendant moves for summary judgment or, in the alternative, summary ...

Excerpt: ...heir neighbor, Defendant Debra Diaz (“Diaz”), who rented the house from Defendant Sharon Jones (“Defendant Jones”). Plaintiffs assert causes of action for: First Cause of Action – Negligence Second Cause of Action – “Common law strict liability based on known dangerous propensity” Third Cause of Action – “Statutory strict liability based on the dog bite statute” Fourth Cause of Action - Negligence of owners of residential re...

Excerpt: ...plaint, Plaintiff alleges that Defendant performed an anterior cervical discectomy and fusion on Plaintiff. Plaintiff alleges that he believed Defendant would use cadaver bone to perform the surgery, but Defendant instead used an experimental substance called Osteocel. Plaintiff alleges Defendant did not inform him about the planned use of Osteocel, and that Plaintiff would not have consented to Defendant's use of Osteocel. Plaintiff alleges that...

Excerpt: ... approve the disposition of proceeds of judgment for a minor claimant. The Court continues the hearing on the petition to allow the Probate Department time to review the terms of the special needs trust. Accordingly, the hearing on the petition is CONTINUED to April 26, 2019, at 1:30 p.m. in Department 5. Petitioner is also ordered to submit a revised petition and amended orders correcting or supplementing the following issues identified by the C...

Excerpt: ... October 1, 2018, the Court granted Defendant's motions to compel answers to request for production of documents, special interrogatories, and form interrogatories. The Court ordered Plaintiff to serve verified responses within thirty (30) days of notice of the order. Plaintiff and Plaintiff's counsel were also ordered to pay monetary sanctions in the amount of $780.00. Defendants filed this motion on November 21, 2018, representing that Plaintif...

Excerpt: ...iff Amir M. Abdalla (“Plaintiff”) filed a complaint on October 7, 2017, alleging causes of action for motor vehicle and general negligence. On June 5, 2018, Defendant Ean Holdings, LLC (“Defendant EAN”) was dismissed by Plaintiff's motion. On August 15, 2018, Defendants Nicolette Elargo and Arnold Joonho Lee (“Cross-Complainants”) filed a cross- complaint against previously dismissed Defendant EAN for: (1) equitable indemnity, (2) con...

Excerpt: ...l education class. Specifically, she alleges that she ran into another student during an exercise, causing a head injury and brain trauma. Plaintiff filed a third amended complaint (the “TAC”) asserting causes of action for general negligence, and vicarious liability under Government Code sections 815.2 and 820. Defendant demurs to the TAC, which Plaintiff opposes. The Court sustains the demurrer in part and overrules the demurrer in part. LE...