Excerpt: ...intiff 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 was p...

Excerpt: ...ical wiring. However, in their interrogatory responses, Plaintiffs stated that the precise location of the fire was “[a] TV electrical strip plugged into the wall, by the foot side of [the] bed.” (Declaration of Gary H. Klein in Support of Motion for Summary Judgment, Exh. E, p. 3.) Plaintiffs named the City of Los Angeles and the Housing Authority of the City of Los Angeles, as well as the John Stewart Company (“Defendant”), which manage...

Excerpt: ...Marsh (“Defendants”) for general negligence and premises liability based on an incident in which a metal railing over a window at a condominium failed, causing Plaintiff to fall two stories to the ground. Defendants contend that Ventura County is the appropriate venue, because it is the location of the incident and more convenient for the witnesses. The motion is denied. LEGAL STANDARD If a defendant contends that that the court in which the ...

Excerpt: ...ed on injuries she allegedly sustained when her foot got caught in a bicycle that was leaning against the wall at Defendant's retail location. The complaint seeks compensatory damages, punitive damages, and unspecified damages in the amount of $80,000. Defendant moves to strike punitive damages allegations in the complaint, as well as the request for $80,000 in damages. Plaintiff has not opposed the motion. The motion is granted with leave to ame...

Excerpt: ...fendant”). 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. 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 mate...

Excerpt: ...nt Los Angeles County Metropolitan Transportation Authority (“Defendant”) on February 22, 2017. Plaintiff submitted a “Claim for Damages” to Defendant on March 13, 2017, which was rejected by Defendant on April 11, 2017. On September 18, 2017, Plaintiff filed a Complaint against Defendant. On January 22, 2019, Plaintiff filed a First- Amended Complaint (“FAC”) alleging Motor Vehicle and General Negligence and seeking exemplary damages...

Excerpt: ...ng Action on behalf of Plaintiff and Minor Claimant, Cecia Dianne Fuentes. The Court finds the settlement itself is fair and reasonable and is prepared to approve it. However, the Court is also not in receipt of a proposed order to deposit money into a blocked account. More important, there are insufficient facts showing that the amount of attorney's fees sought by counsel is reasonable. TheCourt must apply a reasonable fee standard in approving ...

Excerpt: ...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 matter. ...

Excerpt: ...cy Habib (“Plaintiffs”) and Defendant Robert Olson (“Defendant”). Trial is set for April 17, 2019. However, Defendant proffers documentation establishing that he is an officer on active duty with the United States Navy, and he seeks a stay of this action under the Servicemembers Civil Relief Act, Title 50, United States Code, section 3932. Plaintiffs oppose the motion. The motion is granted. LEGAL STANDARD Section 3932 provides that upon ...

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: ...gainst 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 tub...

Excerpt: ...he suffered a traumatic brain injury as a result. Defendant moves to compel the mental examination of Plaintiff by psychologist Ari Kalechstein, Ph.D. Plaintiff filed an opposition stipulating to the mental health examination in accordance with the Code of Civil Procedure. Plaintiff opposes sanctions. 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 e...

Excerpt: ...nt operated by Defendants Clubcorp Braemar Country Club, Ryan Wingo, and Alex Fultz (collectively, “Defendants”). Defendants move to compel Plaintiff to respond to a pretrial interrogatory and request for production of documents in order to supplement past responses. Also, Defendants filed an ex parte application to compel three psychological examinations and to extend the deadline for those examinations. The Court grants in part and denies i...

Excerpt: ...practice. Plaintiff contends Defendants failed to diagnose his cancer in a timely manner, which resulted in Plaintiff's undergoing more intensive chemotherapy, leading to more serious side effects. The complaint alleges that Plaintiff suffered from “great mental . . . pain and suffering.” (Complaint at ¶ 11.) Defendants move to compel the mental examination of Plaintiff by psychologist Ari Kalechstein, Ph.D. Plaintiff opposes the motion, arg...

Excerpt: ...og attacked him. Defendants move to strike punitive damages allegations and the request for attorneys' fees in the complaint. The motion is granted with 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).) On a motion to strike, the Court may: (1)...

Excerpt: ...ler (“Butler”) contests the application for determination of good faith settlement. Wei's application for determination of good faith settlement is granted. Butler's motion to contest good faith settlement is denied. In Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, the Supreme Court set forth the factors to consider when determining whether a settlement is made in good faith. The Tech-Bilt factors are: (1) a rough appro...

Excerpt: ...thority (“Defendant”) owned and operated. On October 11, 2016, the Court granted Defendant's motions to compel discovery responses from Plaintiffs and ordered Plaintiffs to provide verified responses within 20 days of notice of the Court's order, as well as to each pay $600 in monetary sanctions to Defendant. On November 7, 2016, the Court denied Plaintiffs' motion for reconsideration of the Court's order of October 11, 2016, as Plaintiffs di...

Excerpt: ...efendant's store attacked him, causing injury. Defendant moves to strike punitive damages allegations in the third amended complaint. Plaintiff opposes the motion. The motion is granted with 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).) On ...

Excerpt: ... based on injuries he sustained after he fell at Defendants' property. Defendants move for an order compelling Plaintiff to submit to a physical examination. Defendants also move to compel Plaintiff to sit for deposition. Plaintiff has not opposed the motions. The motions are 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 plai...

Excerpt: ...itan Los Angeles (“Defendant”). On November 19, 2018, the Court (Lu, J.) granted Defendant's motion to deem requests for admissions to be admitted. On November 20, 2018, Defendant filed this motion for summary judgment. In the moving papers, Defendant relies exclusively on the deemed admissions. Then, Plaintiff filed a motion to be relieved from her deemed admissions, which the Court (Goorvitch, J.) granted. At the hearing, the Court inquired...

Excerpt: ... San Gabriel, California due to an unspecified “dangerous condition.” Plaintiff asserts causes of action for: (1) Liability for Dangerous Condition of Public Property under Government Code section 835; (2) Vicarious Liability for the Wrongful Acts of Omissions by Public Entity Employees and/or Retention of Unfit Employees under Government Code section 815.2; and (3) Premises Liability. On August 27, 2018, Defendant RKA Consulting Group (“RK...

Excerpt: ...ss PC, via AT&T Global Legal Demand Center (“AT&T”), to obtain Plaintiff's cell phone records from the date of the motor vehicle accident that is the subject of this case. The motion to quash is granted in part and denied in part. DISCUSSION 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 co...

Excerpt: ... a subpoena. The motion is granted without prejudice to Defendant re-serving the subpoena if discovery is re-opened. DISCUSSION 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 ...

Excerpt: ...riakose Chackovadana (“Defendant”) based on injuries they sustained in a motor vehicle collision. Plaintiffs move to compel Defendant's deposition. Defendant opposes the motion. The motion is denied. LEGAL STANDARD Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that not...

Excerpt: ... 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 <0015001300160017001100 004700110003000b0044[)(1).) In...