Excerpt: ...on. Defendants move for an order compelling Plaintiff to submit to an additional physical examination with Barry I. Ludwig, M.D. (“Ludwig”) a neurologist. 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., §§ <0047000300570052000300 004c00460044004f0003...

Excerpt: ...��) opposes the motion. The motion is denied without prejudice. 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 <001500130...

Excerpt: ...employee, Amit J. Shah, P.A. (“Shah,” collectively, “Defendants”). Plaintiff alleges that Shah failed to diagnose an injury to his tendon when he sought treatment for a laceration to his finger. Defendants move for summary judgment, which Plaintiff does not oppose. Therefore, Defendants' motion for summary judgment is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable...

Excerpt: ...sion. Defendants move to compel Plaintiff to submit to an independent medical examination. 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 medical examination of the plaintiff. (Code Civ. Proc., §§ 2032.020, 2032.220.) A defendant is entitled to one medical examination of the plaintiff in a personal injury action on demand. (Code Civ. Proc...

Excerpt: ...ie Shad (“Shad”) and Horse Services, Inc., which does business as Griffith Park Horse Rentals (“GPHR”) (collectively, the “Moving Defendants”), both of which are represented by Ann M. Asiano, Esq. (“Ms. Asiano”) of Clark Hill, <005600570055004c004400 000f0003002c00510046[. (“LAEC”), which is represented by Selman Bretiman, L.L.P. The Moving Defendants now move to disqualify Plaintiff's retained expert, Rod Bergen (“Mr. Berge...

Excerpt: ...erminating sanctions, issue sanctions, or evidentiary sanctions because she contends Defendant failed to maintain the video recording of Plaintiff's accident. The motion is denied. LEGAL STANDARD “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 la...

Excerpt: ...a <002e004400550048004800 004c0010003a0048004c>ssman (“Bioski-Weissman”) (collectively, “Plaintiffs”) asserts a cause of action for loss of consortium. The Court previously granted Plaintiffs' motion for sanctions after Defendant destroyed the gate after its inspection, depriving Plaintiffs of the opportunity to inspect the gate. The Court ordered that CACI No. 204 be used to instruct the jury and precluded Defendant from introducing any ...

Excerpt: ...n November 14, 2018. Defendant now moves for summary judgment on Plaintiff's complaint for premises liability, which Plaintiff does not oppose. Defendant's motion for summary judgment 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...

Excerpt: ...�Intentional Tort” and seeking punitive damages in the amount of $500,000,000. The complaint alleges no facts. Now, Dr. Guy Weiss (“Defendant”) demurs to the sole cause of action and moves to strike the claim for punitive damages. The demurrer is sustained, and the motion to strike is granted, with leave to amend. LEGAL STANDARD “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewi...

Excerpt: ...ve in advance of the hearing. BACKGROUND Plaintiff Marie Keel (“Plaintiff”) alleges she slipped and fell on the floor at a restaurant owned and operated by Defendant Mastro's Restaurants, LLC (“Defendant”). Plaintiff asserts causes of action for negligence and premises liability. Defendant now moves for summary judgment. Plaintiff opposes the motion, which is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the bur...

Excerpt: ... an amended expert witness designation. At the final status conference, the parties stipulated to continue the trial date from July 16, 2019, to September 29, 2019, and keep discovery closed with the exception of deposing expert witnesses: John Brault, Barry Pressman, and Stephen Rothman. Plaintiffs Lillian Cardona and Sara Cardona (“Plaintiffs”) oppose the motion. The motion is denied in its entirety. LEGAL STANDARD The Court has authority t...

Excerpt: ...intiff's complaint. Plaintiff did not oppose the demurrer but filed an ex parte application seeking leave to amend the complaint, which the Court denied in favor of addressing the issues in the context of this motion. 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 r...

Excerpt: ...ve in advance of the hearing. BACKGROUND Plaintiff Marie Keel (“Plaintiff”) alleges she slipped and fell on the floor at a restaurant owned and operated by Defendant Mastro's Restaurants, LLC (“Defendant”). Plaintiff asserts causes of action for negligence and premises liability. Defendant now moves for summary judgment. Plaintiff opposes the motion, which is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the bur...

Excerpt: ...ly, “Defendants”) following the death of their relative, Alfred Alexander (“Decedent”). Decedent was a passenger in a taxi operated by Wasif on April 4, 2017. Plaintiff allege that Decedent attempted to exit the taxi, but his coat got caught in the door, and Wasif dragged Decedent as he drove away. Plaintiffs assert a single cause of action for motor vehicle negligence. Defendants proffer evidence that Decedent had serious health issues a...

Excerpt: ...fendant now moves for summary judgment, which Plaintiff opposes. The motion is granted. UNDISPUTED FACTS On March 12, 2016, Plaintiff went to Adventure Park to watch her son play basketball in a tournament. (Plaintiff's Response to Defendant's Separate Statement of Undisputed Facts, ¶ 4.) Plaintiff had been to the park at least five times prior to the date of the incident. (Id., ¶ 5.) After Plaintiff arrived, she and her family went to set in t...

Excerpt: ...rity and Kevin Darnell (“Defendants”). Defendants moved for summary judgment, arguing that the notice of rejection of the government claim was served on April 13, and Plaintiff filed this action after the statute of limitations ran on October 11, 2017. The Court denied the motion, as Defendants' evidence was unclear whether the notice of rejection was properly served. Now, Defendants seek reconsideration of the Court's order, proffering purpo...

Excerpt: ...��Radosevich”) owned as trustee of the Marti Sue Spero Radosevich Revocable Trust Dated January 18, 2016 (“Trust,” collectively, “Defendants”). Defendants move for summary judgment on Plaintiffs' complaint, which asserts causes of action for negligence and premises liability against Defendants. The unopposed motion is granted. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuasion that there is no triab...

Excerpt: ... 2015. The Decedent was an employee of Defendants Joel Silver (“Silver”), Silver Pictures Entertainment, and Silver-Katz Holdings, LLC (collectively, “Defendants”), who drowned while on a trip to Bora Bora in French Polynesia. Plaintiffs allege that Defendants caused the drowning “by furnishing [the Decedent] with drugs and alcohol and overworking her to the point of extreme fatigue.” (Defendant's Motion, at p. 3.) Plaintiffs seek to ...

Excerpt: ... 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: ...a Lasater (“Plaintiff”). Defendant noticed this ex parte application for hearing on July 26, 2019, based upon the upcoming trial date of August 9, 2019. Because Plaintiff opposes a continuance of the trial date, Plaintiff did not object to the Court considering this issue on an ex parte basis. Therefore, the Court continued the hearing to August 2, 2019, at 1:30 p.m., to afford the Court an opportunity to review the moving papers and oppositi...

Excerpt: ...ven by Defendant David Forson on behalf of Defendant Lyft, Inc. (“Defendant”). Plaintiff asserts the following causes of action: (1) Negligence Per Se, (2) Negligence, (3) Negligent Hiring, Supervision, and Retention, (4) Strict <0044004f00560052000300 0051004c0057004c0059[e damages. Defendant demurs to the fifth cause of action (Fraud) and moves to strike the claim for punitive damages. The Court sustains the demurrer without leave to amend ...

Excerpt: ...owned and operated by Defendant Westfield, LLC (“Defendant”). Plaintiff asserts causes of action for negligence and premises liability. Defendant moves for summary judgment. Defendant also moves for sanctions under Code of Civil Procedure sections 128.5 <0037004b00480003005000 00550003005600580050[mary judgment is granted. The motion for sanctions is denied. LEGAL STANDARD “[T]he party moving for summary judgment bears the burden of persuas...

Excerpt: ...he Court granted Plaintiff's motion for preference and set the trial date for August 20, 2019. Then, on May 29, 2019, the City filed a cross-complaint against Roes 1-10, but on the same date, filed an amendment to the cross-complaint to substitute Presidio Foods, Inc. (“Presidio”) as Roe 1. The City personally served Presidio on June 26, 2019. Now, Presidio moves ex parte to strike the cross-complaint or, in the alternative, to continue the t...

Excerpt: ...��). Plaintiff asserts two causes of action: (1) Premises liability, and (2) “Vicarious liability for the wrongful actors or omissions by public employees and/or retention of unfit employee.” Defendant now demurs to both causes of action. The demurrer is sustained with leave to amend with respect to the first cause of action. The demurrer is sustained without leave to amend with respect to the second cause of action. LEGAL STANDARD “It is b...

Excerpt: ...uses of action for professional negligence, lack of informed consent, and negligent hiring, training, and supervision following her LASIK surgery performed by Dr. Lee. Now, Plaintiff moves to amend the complaint to add: (1) a punitive damages claim against Defendants, and (2) Elizabeth Zazueta as a defendant. The motion is denied with respect to the claim for punitive damages but granted with respect to adding Elizabeth Zazueta as a defendant. LE...

Excerpt: ..., asserting causes of action for negligence and premises liability, after she slipped and fell at a grocery store. Now, Defendant Ralphs Grocery Company dba Ralphs (“Ralphs” or “Defendant”) moves for summary judgment, which Plaintiff opposes. The motion for summary judgment is denied. 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 evident...

Excerpt: ...t moves for summary judgment, 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 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 mot...

Excerpt: ...ated by Defendant ABE Enterprises, Inc. (“Defendant”) when the laundry cart got stuck in a deep crack in the tile floor and struck Plaintiff, injuring her leg. Plaintiff filed this action, asserting causes of action for general negligence and premises liability. Defendant now moves for summary judgment or, in the alternative, summary adjudication on two affirmative defenses. First, Defendant argues that the alleged defect in the flooring was ...

Excerpt: ...llowing an automobile collision. Plaintiff now moves for trial preference under Code of Civil Procedure section 36(a), which Defendants oppose. The motion is denied. LEGAL STANDARD Pursuant to Code of Civil Procedure section 36(a), a party to a civil action who is over the age of 70 must be given preference if the party has a substantial interest in the action as a whole, and the health of the party is such that a preference is necessary to preve...

Excerpt: ...ncaster”) alleging that they negligently installed and maintained carpeting at an apartment Plaintiffs rented. Specifically, Plaintiff allege that Michele Linicome fell down a flight of stairs due to loose carpeting. AMTFF filed a cross-complaint against Lancaster. Lancaster filed a cross- complaint against AMTFF, as well as Secured Funding & Investments, Inc. dba West Coast Realty (erroneously sued as “West Coast Realty”) (“Secured Fundi...

Excerpt: ...ants Albert Rosen and Myra Rosen (“Defendants”). Plaintiff asserts causes of action for negligence and premises liability. Defendant moves for summary judgment, 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 is a triable issue of material fact ...

Excerpt: ...s action against King Taco Restaurants, Inc. (“King Taco”) and then added the franchisee, L.A. Restaurant Management, Inc. (“Defendant”). Defendant then filed a cross-complaint against the company it hired to provide security, Prominent Security Services (“Prominent Security”). The Court previously granted summary judgment to King Taco because it was the franchisor and did not control the premises. Now, Defendant moves for summary jud...

Excerpt: ...Defendant”). On February 13, 2018, Plaintiff filed a first amended complaint alleging negligence under Government Code section 815.2. On June 10, 2019, Defendant filed a motion for summary judgment. Then, on June 17, 2018, Plaintiff filed a motion to file a second amended complaint to add causes of action for: (1) Negligence per se, in violation of California Code of Regulations, Title 5, Section 5552, and California Education Code, section 448...

Excerpt: ...leged medical negligence. Plaintiffs allege that Aloyan injured his feet during a fall in Armenia and obtained treatment from Defendant, a podiatrist, upon his return to the United States. On December 14, 2018, Defendant filed a motion for summary judgment, noticed for hearing on February 27, 2019. The Court posted a tentative order granting summary judgment because Plaintiffs proffered no evidence that Defendant had breached the applicable stand...

Excerpt: ... injuries in a motor vehicle collision while she was a passenger in a vehicle driven by Defendant David Forson (“Forson”) on behalf of Defendant Lyft, Inc. (“Defendant”). Defendant demurs to the fifth cause of action for fraud in the First Amended Complaint, and moves to strike the prayer for punitive damages. Plaintiff opposes the demurrer and motion to strike. The demurrer is sustained with leave to amend. The Court denied the motion to...

Excerpt: ...efendant also seek to compel the examination. Plaintiff opposes the motions, which are granted. However, the Court orders Defendants to pay sanctions because these motions were unnecessary and an abuse of the discovery process. In its order of April 2, 2019, the Court continued the trial date from May 28, 2019, to August 13, 2019. The Court did not move the discovery cut-offs with the trial date. In its order of July 2, 2019, the Court again cont...

Excerpt: ...n independent medical examination of Plaintiff Julian Castro (“Plaintiff”). Defendant also seek to compel the examination. Plaintiff opposes the motions, which are granted. However, the Court orders Defendants to pay sanctions because these motions were unnecessary and an abuse of the discovery process. In its order of April 2, 2019, the Court continued the trial date from May 28, 2019, to August 13, 2019. The Court did not move the discovery...

Excerpt: ...Eleven, Inc. (“7- Eleven”). Cross-Defendant Autozone West LLC (“Autozone”) owns and operates a store that shares a parking lot with 7-Eleven. Both 7-Eleven and Autozone lease their premises from landlord Defendant QCSI Six, LLC (“Landlord”). Both 7-Eleven and Landlord (“Movants”) move for summary judgment against Plaintiff, arguing that Autozone had exclusive control over that portion of the parking lot. Autozone opposes the motio...

Excerpt: ... of Josephine Mosqueda (“Defendant”). The motion is denied. Dr. Nagelberg performed an independent medical examination of Noel Saenz at Defendant's request. Plaintiffs hired Physicians Report of the IME, or “Prime,” to provide an observer for the independent medical examination. Prime sent Dr. Lori Singer Rose to observe the examination. Then, Plaintiffs learned that Prime is owned by Dr. Jeffrey Sherman. Dr. Nagelberg and Dr. Sherman wor...

Excerpt: ... compel Plaintiff to submit to a medical examination by Kevin J. Triggs, M.D. (“Triggs”). 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 medical examination of the plaintiff. (Code Civ. Proc., §§ 2032.020, 2032.220.) A defendant is entitled to one medical examination of the plaintiff in a personal injury action on demand. (Code Civ. P...

Excerpt: ...iff alleges that Defendant intimidated and pushed Plaintiff, and then provided false and misleading information to the Beverly Hills Police Department, facilitating Plaintiff's arrest. Plaintiff filed a complaint asserting the following causes of action: (1) Assault, (2) Battery, (3) Intentional Infliction of Emotional Distress, (4) False Imprisonment, and (5) False Arrest. Defendant demurs to the complaint and seeks to strike the prayer for puni...

Excerpt: ...he motion is denied, but because Plaintiff has the right to take Defendant's deposition, the Court orders the deposition of Defendant to occur within sixty (60) days of notice of this order unless Plaintiff stipulates to a different date. 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 de...

Excerpt: ...sion on October 11, 2017. Defendant served a subpoena on Plaintiff's medical provider, COSMA, for all medical records, without limitation, from October 1, 2007 to the present. Plaintiff moves to quash the subpoena. The motion is granted as to an order limiting the subpoena to all medical records except for OB/GYN and reproductive health records, as well as genetic records. The motion also is granted as to records from October 11, 2012 to the pres...

Excerpt: ...oenas served on a medical provider: Rex Medical Care Clinic. The subpoenas request all medical records about Plaintiff that pertain to his neck, back, head, shoulders, and brain, from January 1, 2010 to the present. (Declaration of Jonathan D. Roven, Exhibit 2.) The motion is denied. LEGAL STANDARD If a subpoena requires the production of documents, the Court may quash the subpoena entirely or modify it. (Code Civ. Proc., § 1987.1, subd. (a).) I...

Excerpt: ...nd cause of action, which is one for vicarious liability. The demurrer is sustained. 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 revie...

Excerpt: ...king through properties owner and/or operated by Defendants Holiday Hospitality Franchising, LLC, L.A. Koreana, Inc., and YHB Long Beach, LLC (collectively, “Defendants”). Defendants now move for a security undertaking pursuant to Code of Civil Procedure section 1030 in the sum of $30,000. Plaintiff opposes the motion. The motion is denied. LEGAL STANDARD “When the plaintiff in an action or special proceeding resides out of the state, or is...

Excerpt: ...4, 2016, Plaintiff Joseph Dean Terry (“Plaintiff”) and Defendant Ernesto Mejia were involved in a motor vehicle collision while Mejia was making a delivery for Defendant Meadowbrook Meat Company, Inc. Plaintiff has been evaluated by 11 separate experts, viz., a neurologist, neuropsychologist, psychiatrist, psychologist, physical medicine and rehabilitation specialist, pain management specialist, otolaryngologist, oral surgeon, plastic surgeon...

Excerpt: ...s and prayer for attorneys' fees in the complaint. In the complaint, Plaintiff Henry Guevara Dominguez (“Plaintiff”) alleges that he was attacked by security guards working at a nightclub owned and operated by Defendants. 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: ...rtation Authority (“Defendant”) to deem admitted matters specified in its Requests for Admission, set one (“RFAs”). The motion is denied. Per Code of Civil Procedure section 2033.300, a party may obtain relief from matters deemed admitted on a noticed motion, if the court determines that “the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially p...

Excerpt: ...t to a second independent medical examination. 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., § 2032.220, subd. (a).) If the defend...

Excerpt: ...ant the motion, but would continue the trial date and reopen discovery to mitigate the prejudice to Defendant. However, other parties did not receive notice of the Court's intention to move the trial date and reopen discovery because the issue only arose at the hearing. The Court could take the position that the other parties' failure to appear at the hearing waived their right to be heard on this issue, which is necessarily related to the motion...

Excerpt: ...ical malpractice. Whitney Franklin, who is Josiyah Knight's mother, delivered her son at a hospital owned and operated by Defendant. Plaintiffs allege that Josiyah Knight's clavicle was fractured during the birth due to Defendant's negligence. Now, Defendant moves for summary judgment, or in the alternative, summary adjudication on the causes of action for professional negligence, negligent infliction of emotional distress, and negligent supervis...

Excerpt: ...��) filed a complaint against the County of Los Angeles, the Regents of the University of California, the State of California, and Dr. Waleed Doany, M.D. (collectively, “Defendants”). Plaintiffs assert causes of action for professional negligence (for wrongful life and wrongful birth), alleging that Defendants did not disclose the risk that Dareh Haghvirdi would be born with a genetic impairment or disability. Plaintiffs allege that they lear...

Excerpt: ...iff alleged that Defendant EFCO Corporation (“Defendant”) retained control over the job site and was responsible for safety, but breached its duty toward Plaintiff. Defendant EFCO Corp. (“Defendant”) moves for summary judgment on Plaintiff's complaint. Defendant filed this motion on April 2, 2019, and noticed the motion for hearing on June 11, 2019. Plaintiff filed no opposition. Nevertheless, this notice period was insufficient, so the C...

Excerpt: ...te operated by Solaris on August 20, 2015. Solaris then filed a cross-complaint against Liberty Staffing USA, Inc. (“Liberty Staffing”) and Liberty Labor LLC (“Liberty Labor”) (collectively, “Liberty”) asserting claims for indemnification, apportionment of fault, declaratory relief, express indemnity, and breach of contract. Solaris alleges that Liberty is a successor of StaffIt Enterprises, Inc. (“Staff-It”). There is no dispute ...

Excerpt: ...ecords upon the following of Plaintiff's medical providers: Pacific Ocean Medical Clinic, Cedars-Sinai Marina Del Rey Hospital, Central Financial Control, Cedars-Sinai Marina Del Rey Hospital—Billing, Marina Del Rey Hospital—Radiology, Bruce Dobkin, M.D., and Central Pharmacy. The subpoenas seek all medical records about Plaintiff from January 1, 2012 to the present. (Declaration of Mahfam Sadeghi, Exhibit A.) Plaintiff moves to quash the sub...

Excerpt: ...ollowing a motor vehicle collision. Defendants move for terminating sanctions against Plaintiffs. The motion is granted as to sanctions. LEGAL STANDARD The Court has discretion to impose terminating sanction when a party willfully disobeys a discovery order. (Code Civ. Proc. §§ 2023.010, subd. (g), 2030.290, subd. (c).) The Court may impose a terminating sanction by striking a party's pleading. (Code Civ. Proc. § 2023.030, subd. (d)(1).) DISCU...

Excerpt: ...ulance traveling at a high rate of speed with lights and sirens. The impact allegedly caused Brian Guijosa (“Guijosa”) to collide with Maldonado's vehicle. Maldonado and Guijosa were insured by Mercury Insurance Company (“Mercury”), which filed this subrogation action against the County of Los Angeles (the “County”), seeking to recover sums it paid to Maldonado and Guijosa. Specifically, Mercury alleges that the County's employee, Jus...

Excerpt: ...ncia (“Defendant”). The motion is granted in part and denied in part. The Court orders Defendant (but not Defendant's counsel) to pay sanctions. LEGAL STANDARD Where a party fails to respond to requests for admissions, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction. (Code of Civ. Proc., § 2033.280, ...

Excerpt: ... of Manhattan beach, following a motor vehicle collision. Plaintiff alleges that he was stopped at a red light when he was rear- ended by Defendant. Plaintiff also alleges that Defendant knowingly and intentionally abused his vehicle's law enforcement signals and sirens in order to disregard traffic signals without justification. Plaintiff asserts two causes of action against Defendant: (1) “Reckless Misconduct/Gross Negligence/Violations of Ci...

Excerpt: ... Barner (“Plaintiff Barner”) filed this action against Defendant Patrick Stuart (“Defendant”) following a motor vehicle collision. Plaintiff Hooks alleges that she suffers from pain to her forehead and headaches, as well as orthopedic injuries to her neck, back, left shoulder, left trapezius, left arm, and left hand. In 2018, Defendant issued subpoenas for Plaintiff Hooks's medical records to Kaiser Permanente (“Kaiser”). Plaintiff Ho...

Excerpt: ...��Trio”). At the time, Plaintiff was working for Modern Parking, Inc. (“Modern Parking”). Therefore, Trio filed a cross-complaint against Modern Parking asserting causes of action for: (1) express indemnity, (2) equitable indemnity, (3) implied indemnity, (4) declaratory relief, (5) contribution, and (6) breach of contract. Now, Modern Parking moves for summary judgment or, in the alternative, summary adjudication on the cross complaint. Th...

Excerpt: ...”) (collectively, “Defendants”), asserting causes of action for medical negligence and medical battery. Specifically, Plaintiffs allege that Drs. Liu and Hsieh left a surgical instrument—a 6-0 Prolene needle—inside his body following surgery. Defendants demur to the second cause of action for medical battery, which Plaintiff opposes. The demurrer is sustained with leave to amend. LEGAL STANDARD “It is black letter law that a demurrer ...

Excerpt: ...nd general <0044000300460044005800 0057004c005200510003[for “other” and states: Amended complaint alleges intentional refusal by the insured party and their insurance company (USAA Casualty) to respond to plaintiff in a timely fashion following the incident. The claim was subsequently reported to the California Department of Insurance on February 15, 2018 (Complaint no. 8135818). Only then did defendant's insurance company respond on March 1,...

Excerpt: ...�Defendants”) permitted gang-affiliated individuals to reside in their apartment complex, and that Decedent Joseph Bell (“Decedent”) died as a result of a violent assault on the premises. Plaintiffs assert causes of action for negligence and premises liability and seek punitive damages. Defendants move to strike the prayer for punitive damages, as well as related allegations in Paragraphs #17 and #21 of the complaint. The motion to strike i...

Excerpt: ...Turcios (“Lesbia”). Plaintiff filed this action against Defendants County of Los Angeles, Lesbia Turcios, Jose Turcios, and Nancy Turcios, asserting causes of action for dangerous condition of public property, negligence, and negligent infliction of emotional distress. Lesbia, as well as co-Defendants Jose Turcios and Nancy Turcios (collectively, the “Turcios”), filed a cross-complaint against the County of Los Angeles (the “County”)....

Excerpt: ...ollision. Defendant moves to compel Plaintiff to submit to an additional physical examination with James T. <00520057004c0052005100 0057004800470011> 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 i...

Excerpt: ...t, the Court ordered Plaintiff to produce all outstanding discovery, without objections, on or before June 17, 2019, per the Court's <0058004800470003005700 004c0051004a00030057[o June 25, 2019, at 1:30 p.m. The Court informed Plaintiff's counsel that the Court's tentative will issue on that date unless there is full compliance with the Court's order. However, the Court provided notice that even if Plaintiff complies with the Court's order of Feb...

Excerpt: ...��Airport Connection”) and driven by Defendant Patrick Carroll (“Carroll”). Plaintiffs allege that Carroll unnecessarily slammed on the brakes while driving, causing serious injuries to Michael. Plaintiffs move for leave to add a claim for battery and a prayer for punitive damages against Carroll. Plaintiffs also seek to add allegations of negligent hiring, retention, supervision, and training allegations, as well as a prayer for punitive d...

Excerpt: ...ed and fell on the blacktop area outside the locker room and cut his finger on broken glass. Defendant moves for summary judgment on Plaintiff's complaint. Plaintiff used a form complaint to assert causes of action for “premises liability” and “negligence,” though the complaint cites Government Codes 815.2 and 835, among others. Section 815 provides that “[a] public entity is not liable for an injury, whether such injury arises out of a...

Excerpt: ...iff Jungkook Lee (“Plaintiff”) to cut door frames for the project, and Plaintiff sustained injuries while doing so. Plaintiff filed this action against Defendants and Kim, asserting causes of action for negligence and premises liability. Defendants now move for summary judgment, 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 issu...

Excerpt: ...at he was a passenger on a train that jerked strongly. Plaintiff asserts causes of action for negligence and negligent infliction of emotional distress. Plaintiff alleges that he suffered mental and emotional distress, sleeplessness, diarrhea, nightmares, worry, pain, and suffering. (First Amended Complaint, at p.3.) Defendant demurs to Plaintiff's first amended complaint. The demurrer is sustained with leave to amend. Defendant also moves to str...

Excerpt: ...y judgment, which Plaintiff does not oppose. The motion for summary judgment 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 find the underlying fact in favor of the party ...

Excerpt: .... Johannessen and Johannessen Construction Company (“Defendants”) were performing construction work at the house at the time of Plaintiff's accident. In their answer, Defendants asserted an affirmative defense of waiver. Defendants have a pending motion for summary judgment, in which Defendants contend that Plaintiff expressly released her claims. Plaintiff seeks leave to amend to add allegations of gross negligence against Defendants in orde...

Excerpt: ...dent's successor-in- interest. Plaintiff alleges that Decedent died while Plaintiff and Decedent were staying at a homeless shelter, because the shelter did not provide a crib for Decedent. Plaintiff asserts causes of action for wrongful death, negligent infliction of emotional distress, dangerous condition of public property, and survivorship against the County of Los Angeles (“Defendant”). Defendant now demurs to the complaint and moves to ...

Excerpt: ...fendant 24 Hour Fitness United States, Inc. (“Defendant”). Defendant moves for summary judgment on Plaintiff's first amended 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 only if, the ...

Excerpt: ...wned and operated by Defendant Mastro's Restaurants, LLC (“Defendant”). Plaintiff asserts a cause of action for premises liability against Defendant, alleging that Defendant “failed to use reasonable care to protect Plaintiff from the harmful conduct of Defendant [Crabtree], which Defendant [ ] should have reasonably anticipated.” (Complaint, at p.8.) Defendant now moves for summary judgment on Plaintiff's complaint, which Plaintiff oppos...

Excerpt: ...ng a cause of action for medical malpractice following the death of Thomas Fernando (“Decedent”). Defendants moved for judgment on the pleadings on May 7, 2019, and the motion was served on Plaintiffs' counsel by mail. However, on May 9, 2019, Plaintiffs filed a substitution of attorney form designating them as self- represented Plaintiffs. It is unclear whether Plaintiffs were served with the motion or knew about the hearing date of June 20,...

Excerpt: ... (“Castaneda”) (collectively, “Defendants”) move to strike the punitive damages allegations in the complaint. In the complaint, Plaintiff Nicole Dembowich (“Plaintiff”) alleges that she is a resident of the Eaves and was attacked by a dog owned by another resident, co-Defendant Socrates Flores (“Flores”). Plaintiff alleges that Lucero was the property manager and Castaneda was the property/community coordinator. Now, Defendants mo...

Excerpt: ...ts move to trifurcate trial into three phases: a determination on the issue of negligent entrustment; a determination on liability; and a determination of damages. Plaintiff opposes the motion. The motion is denied without prejudice. LEGAL STANDARD Under Code of Civil Procedure section 598, “The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby ....

Excerpt: ...ndants Roberto Carillo and Jailene Melchor-Leon (collectively “Defendants”) on January 18, 2019, alleging that they suffered injuries following an automobile collision that occurred on or about January 1, 2017. Plaintiffs assert causes of action for negligence and negligence per se. Defendants now demur to the complaint on the grounds of the statute of limitations. In the alternative, Defendants demur to the second cause of action, negligence...

Excerpt: ...owney Unified School District (“Defendant”) served subpoenas for medical records on the following providers: (1) Kaiser Foundation Hospital/SCPMG ROI Unit, (2) Kaiser Foundation Hospital/SCPMG-Bills, (3) Kaiser Foundation Hospital-Films, and (4) Central Valley Medical Corp. (collectively the “Medical Providers”). Defendant seeks all medical records without limitations, though Defendant subsequently agreed to limit the scope to the five-ye...

Excerpt: ...California (“Blue Shield”) by Defendants Garo and Rima Mardirosian (collectively “Defendants”). The subpoena seeks all medical and insurance records without limitation. Defendants oppose the motion to quash. The Court grants the motion by limiting the subpoena to exclude all OB-GYN and reproductive health records, as well as any mental health and cosmetic surgery records. The Court also grants the motion by limiting the subpoena to record...

Excerpt: ...Plaintiff obtained medical treatment at Edwards Air Force Base Health Clinic (the “Edwards AFB Health Clinic”). Defendant previously moved to compel Edwards AFB Health Clinic to comply with a deposition subpoena for Plaintiff's records. The Court denied the motion but noted that Defendant may issue a subpoena directly to Plaintiff for the records since he presumably has custody or control over his own medical records. Defendant did not do so....

Excerpt: ...f previously resided. Plaintiff alleges that his neighbor attacked him, based on which he asserts claims for negligence and intentional tort against Defendants. Now, Defendants demur to Plaintiff's complaint, which Plaintiff opposes. The demurrer is sustained with leave to amend. Defendants also move to strike portions of the complaint, which is granted in the alternative. LEGAL STANDARD “It is black letter law that a demurrer tests the legal s...

Excerpt: ...sue, evidentiary, and monetary sanctions against Defendant, contending that Defendant failed to preserve or destroy video footage of her accident. Plaintiff alleges that Defendant has been evasive about video footage of Plaintiff's 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 ...

Excerpt: ...ampaign 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 ...

Excerpt: ...d on an accident in which Plaintiff fell out of a wheelchair while riding on a shuttle bus at Los Angeles International Airport (“LAX”). Defendant moves for summary judgment on Plaintiff's complaint for negligence. The Court grants the motion for summary judgment. After Defendant filed a motion for summary judgment, and only four court days before the hearing, Plaintiff filed a request to dismiss the case against Defendant. That request is de...

Excerpt: ...s Aureus (“MRSA”) at Defendant's spa facility following a body scrub, herbal massage, and mineral bath. Defendant moves for summary judgment on Plaintiff's complaint for negligence. 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, a...

Excerpt: ... Defendant moves for a protective order to preclude Plaintiff's wife, Lauren Swerdloff, M.D. (“Swerdloff”), from attending depositions in this matter. Plaintiff opposes the motion, and Defendant has waived any objection to the untimely opposition, which the Court also will consider. The motion is granted. LEGAL STANDARD The court may make an order to exclude a person, other than parties to the litigation and their counsel, be excluded from at...

Excerpt: ...fendant. Defendant now moves for summary judgment on Plaintiff's complaint, or, in the alternative, for summary adjudication of Plaintiff's causes of action for negligence and premises liability. 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...

Excerpt: ...iff's complaint. Plaintiff opposes the demurrer. 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 cou...

Excerpt: ...r negligence against NRG Energy, Inc. (“Defendant”) and alleged that it owned the property where the filming occurred. Defendant now moves for summary judgment, arguing that it does not, in fact, own the property. 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 fact and that he is entitled to judgment as ...

Excerpt: ...). The Court sets the reasonable rate of compensation for Maugeri at $500 per hour of deposition. As a treating health care practitioner, Maugeri is entitled to reasonable fees for his deposition testimony if Defendant will ask Maugeri “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 made by the p...

Excerpt: ...8, the Court granted Harvester's motion for summary judgment. Then, Defendants John B. Johannessen and Johannessen Construction Company (collectively, “Johannessen”) filed a cross-complaint against Harvester asserting causes of action for express indemnity, equitable indemnity, contribution, declaratory relief, breach of contract relating to the duty to indemnify, and breach of contract relating to the duty to defend. Now, Harvester demurs to...

Excerpt: ...endant County of Los Angeles (“Defendant”) based on an incident in which co-Defendant Lesbia Turcios struck Cruz with her vehicle while Cruz was in a crosswalk. Defendant demurs to Plaintiff's first amended complaint. Plaintiffs oppose the demurrer. 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.(20...

Excerpt: ... and Emely Ayala (“Plaintiffs”) was in good faith. The unopposed motion is granted. In Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, the California 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 approximation of plaintiff's total recovery and the settlor's proportionate liability; (2) the amount paid in settlement; (3) t...

Excerpt: ...019. The Court hereby provides notice that it may take judicial notice of this order pursuant to Evidence Code 452(d). The Court will provide the parties an opportunity to be heard at the hearing, set for June 3, 2019, at 1:30 p.m. BACKGROUND Plaintiff Lon Daugherty (“Plaintiff”) was making a delivery to the U.S. Post Office in Glendale, California when he allegedly was injured by a dock leveler. Plaintiff filed this action in the Los Angeles...

Excerpt: ...ants owned and operated. Plaintiff moves the Court for leave to amend to add a claim for punitive damages. The motion is denied without prejudice. DISCUSSION California Rules of Court, rule 3.124, requires the moving party to advance a declaration stating the effect of the amendment, why the amendment is necessary and proper, when the facts giving rise to the amended allegations were discovered, and the reasons why the request for amendment was n...

Excerpt: .... Defendant requests an order compelling Plaintiff to submit to an additional physical examination by an orthopedic surgeon because Plaintiff is asserting orthopedic injuries. Plaintiff opposes the motion, which 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...