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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ..., 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: ...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: ....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...