Excerpt: ...ff's complaint, a claim for premises liability. 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 means that the reviewing court...

Excerpt: ...fendant objects on the grounds that the interrogatory is vague and ambiguous, seeks premature disclosure of expert opinions, and seeks privileged information. The objections are overruled. The interrogatory simply requests disclosure of facts upon which Defendant may argue that Plaintiff was entirely or contributorily negligent. An interrogatory is not objectionable merely because an answer involves an opinion or contention that relates to facts ...

Excerpt: ...eh Harooni (“Plaintiff”). Plaintiff alleges professional negligence, and Defendants move for summary judgment. The Court originally scheduled this hearing for December 21, 2018, but continued the hearing at Plaintiff's request so she could take Aghaloo's deposition, noticed for December 20, 2018. Plaintiff has not filed an amended or supplemental opposition to this motion. The motion for summary judgment is granted. LEGAL STANDARD “[T]he pa...

Excerpt: ...ed by a friend to Dr. Asher Kimchi, a physician specializing in internal medicine and cardiology. Plaintiff and Dr. Kimchi discussed issues relating to the Decedent's death and exchanged emails and documents concerning the care and treatment provided by Defendants. It is undisputed that Dr. Kimchi is not a defendant in this case, was never a defendant in this case, does not work for any defendant, never treated the Decedent, did not conduct an au...

Excerpt: ...) was in good faith. The unopposed motion is granted. In Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, the 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 approximation of plaintiff's total recovery and the settlor's proportionate liability; (2) the amount paid in settlement; (3) the allocation of settlement proceeds among plaintiffs...

Excerpt: ...ion and driven by Defendant Jonathan Lopez. In his complaint, Plaintiff seeks non- economic damages, but he admitted during his deposition that he did not have insurance or other forms of financial responsibility for his vehicle. Defendants move for summary adjudication of the claim for non-economic damages, and Plaintiff does not oppose the motion. However, the Court is required to deny this motion without prejudice to Defendants raising the iss...

Excerpt: ...compel Defendant to appear for deposition. 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 noticed the deposition may move for an order to compel the deponent to attend and testify at deposition. (Code Civ. Proc., §2025.450, subd. (...

Excerpt: ...practice. Plaintiffs move to compel Defendant to respond to deposition questions. The motion is granted. 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 <000b0044000c0011000c00 03> DISCUSSION Defendant's counsel instructed him not to answer questions based on objections that the questions were vague, unce...

Excerpt: ...ging causes of action against Defendant for general negligence, assault and battery, and premises liability. Defendant moves for summary judgment or, in the alternative, summary adjudication of each cause of action. The motion is granted. UNDISPUTED FACTS Defendant owned the house at issue, along with her brother, Richard Pena. (UMF No. 1.)[1] Richard Pena (“Richard”) was married to Naeemah, who also resided at the house. (UMF No. 2.) Plainti...

Excerpt: ...laintiff moves to tax Defendants' claimed costs. The motion is denied. DISCUSSION As “defendant[s] in whose favor a dismissal is entered,” Defendants are prevailing parties in this action. (Code Civ. Proc., § 1032, subd. (a)(4).) Therefore, they are entitled to recover their costs. Plaintiff moves to strike $485.25 in costs associated with Plaintiff's deposition on the basis that Defendants jointly incurred the deposition costs with other De...

Excerpt: ...mali (“the Jamalis”) filed BC621616 against Alex Gilboa (“Gilboa”), alleging that they suffered injuries in a car accident with Gilboa. Then, on August 10, 2016, Gilboa (and Aviv Gilboa) filed a separate action against Mehran and Sean Jamali (BC629998) based on the same car accident. When Mehran and Sean Jamali answered the complaint in BC629998, they filed a cross-complaint against Gilboa. The cases were consolidated, and BC621616 was th...

Excerpt: ...to take place in Charlotte, North Carolina. Defendants Daryoush David Saadat, M.D., Beverly Hills Aesthetic Surgical Institute, Inc., and Roxbury Surgical Center, LLC (“Defendants”) oppose the motion. The motion is denied. DISCUSSION The deposition of an expert witness that a party has designated “shall be taken at a place that is within 75 miles of the courthouse where the action is pending.” (Code Civ. Proc., § 2034.420.) However, “[...

Excerpt: ...tura is a driver for Defendant Lyft, Inc. (“Lyft”). Plaintiff moves to compel the depositions of Ventura, Ventura's supervisor, and Lyft's person most qualified to testify regarding the investigation of the collision. The motion is denied without prejudice. Plaintiff has the right to take Defendants' depositions and is entitled to take Defendants' depositions without leave of Court at any time after Plaintiff served Defendants, or after <0003...

Excerpt: ...in a motor vehicle collision. Defendant requests an order compelling Plaintiff to submit to a second physical examination by Dr. Martin Cooper, M.D. (“Dr. Cooper”). Defendant also seeks leave to compel a second deposition of Plaintiff. The motion to compel a second medical examination is denied without prejudice. The motion to compel a second deposition of Plaintiff is granted. LEGAL STANDARD When the physical condition of the plaintiff is in...

Excerpt: ...ndants Hadley Towing Company, Inc., and FMG, Inc., dba Hadley Tow in the complaint. Plaintiffs have not yet served any Defendants. On May 25, 2018, Plaintiffs filed a request for dismissal without prejudice of Plaintiff Mark Cutting's claim. Plaintiffs now move to vacate the order of dismissal, pursuant to Code of Civil Procedure section 473(b). In his declaration, Plaintiff's counsel states that his clients had two different civil actions, and h...

Excerpt: ...ndants Hadley Towing Company, Inc., and FMG, Inc., dba Hadley Tow in the complaint. Plaintiffs have not yet served any Defendants. On May 25, 2018, Plaintiffs filed a request for dismissal without prejudice of Plaintiff Mark Cutting's claim. Plaintiffs now move to vacate the order of dismissal, pursuant to Code of Civil Procedure section 473(b). In his declaration, Plaintiff's counsel states that his clients had two different civil actions, and h...

Excerpt: ...osas (“Defendant”). Plaintiffs filed a complaint on June 19, 2018, asserting causes of action for motor vehicle and general negligence. Plaintiffs also seek punitive damages. Defendant filed an answer to the complaint but moves to strike the claim for punitive damages. The proof of service that Defendant submits with the motion appears to be from <00030033004f0044004c00 00030033004f0044004c[ntiffs filed no opposition to the motion, suggesting...

Excerpt: ...dent, Defendant Mary Byrne (“Defendant Byrne”) had rented a car from Budget Rent a Car System, Inc. (“Defendant Budget”). Defendant Harris was driving that car on the date of accident even though he was not a party to the rental agreement between Defendant Byrne and Defendant Budget. The rental agreement expressly stated that “use of the car by an authorized driver” would terminate the rental and void all liability protection. (Separa...

Excerpt: ...gainst three physicians, as well as Cedars-Sinai Medical Center and Assisted Home Health Care, Inc., alleging a single cause of action for medical malpractice. Specifically, Plaintiff alleges that Dr. Elizabeth Kim (“Defendant”), a plastic surgeon who operated on Plaintiff twice to address an infection from a cesarean section. Defendant moves for summary judgment, and Plaintiff filed no opposition. The motion for summary judgment is granted. ...

Excerpt: ...roup, Inc. (“Defendants”) owned or controlled. Plaintiff seeks leave to file a second amended complaint to add punitive damages allegations. The motion is denied without prejudice. DISCUSSION Under California Rules of Court, rule 3.124, a motion to amend a pleading must include a copy of the proposed amendment and state the allegations that the moving party proposes to add or delete. (Cal. Rules of Court, rule 3.1324, subd. (a).) California R...

Excerpt: ...Jie Tan. Plaintiffs filed this action asserting causes of action for motor vehicle and general negligence, alleging that the vehicle at issue was registered to Hao Jie Tan, Zexing Huang, and EAN Holdings, LLC (collectively, “Defendants”). Among other things, Plaintiffs allege that Defendants “negligently, carelessly, recklessly, wantonly, and unlawfully” entrusted the vehicle to Defendant Hao Jie Tan, which “directly and proximately” ...