Excerpt: ... related to the spine, brain and/or eyes. USC Verdugo is ordered to produce documents responsive to the subpoena as modified by this order within 30 days of notice of this order (or by any later date to which Defendant agrees). In this action, Plaintiff Doris Coleman claims she was injured in a motor vehicle accident on June 20, 2017. Ms. Coleman claims injuries to her cervical and lumbar spine, a traumatic brain injury, and injury to her vision....

Excerpt: ...allegedly acting within the course and scope of his employment with State 2 State Truck, Inc. Plaintiffs also allege that State 2 State Truck, Inc. negligently hired Nobles, whom Plaintiffs contend was incompetent or unqualified to operate a tractor trailer. Plaintiffs are residents of Alabama. Defendant State 2 State Truck, Inc. is a California domestic corporation with its principal place of business in California. Stephen Anthony Nobles, who h...

Excerpt: ...s as against Defendant Hector Carranza Torres is DENIED. The motion to strike the allegations of intentional conduct and the claim for intentional tort is DENIED. Leave to amend is denied (although Plaintiff may move to amend to add a claim for punitive damages should subsequent discovery reveal a basis for such claim). In this action, Plaintiff Morris Ghadishah alleges he was injured in a motor vehicle accident. The complaint alleges that Plaint...

Excerpt: ... Angeles and sustained fatal injuries. Plaintiffs assert a claim for dangerous condition of public property against Defendant City of Los Angeles and a claim for premises liability against Defendants Walnut Villas HOA and Westcom Property Services, Inc. (collectively Defendants). The HOA owned the adjoining property and Westcom managed it. Walnut Villas and Westcom move for summary judgment. EVIDENCE A. Moving Defendants' Evidence NOTE: THE DEPOS...

Excerpt: ...d, manufactured and constructed” “certain real property and premises” and that the property was in a “defective and dangerous condition.” The complaint identifies the defective and dangerous condition as “an unsafe slippery surface” that “caused Plaintiff to slip and fall and strike the ground,” causing injuries. Defendant moves for summary judgment, claiming that the primary assumption of the risk doctrine provides a complete d...

Excerpt: ... alleges that Terlecki was under the influence at the time of the accident, with a blood alcohol level “well over” the legal limit. Plaintiff seeks compensatory and punitive damages against Terlecki. Terlecki moves to strike the claim for punitive damages. To state a claim for punitive damages under Civil Code section 3294, a plaintiff must allege specific facts showing that the defendant has been guilty of malice, oppression or fraud. (Smith...

Excerpt: ...Defendant Guillet's Motion for Attorney's Fees is DENIED as to the 1 st and 3 rd through 8 th causes of action based on CC §1717(b)(2) and DENIED as to the 2 nd cause of action for fraud for failure to show an enforceable contract exists that would allow for recovery of fees incurred in connection with that cause of action. I. Plaintiff's 1 st and 3 rd through 8 th causes of action were actions “on the contract” subject to Civil Code §1717....

Excerpt: ...ll on broken and uneven roadway controlled and maintained by Defendant City of Los Angeles (“the City”). She alleges that the incident occurred at 434 E. 60th St., Los Angeles, CA 90007. She asserts a single claim for general negligence against the City. The City demurs on two grounds: (1) Plaintiff has not identified a statutory basis for liability; and (2) Plaintiff failed to comply with the claims presentation requirements in the Governmen...

Excerpt: ...dent at issue here occurred on June 14, 2017 at around 6:00 p.m. Plaintiff fell in the parking lot, after tripping on uneven asphalt. Plaintiff marked where she fell on Exhibits 5, 6, 7, and 8 to her deposition. Exhibits 5, 6, 7 and 8 are attached. The photographs depict a concrete slab abutting asphalt that appears to be worn, with spalling, divots, jagged edges and cracks. The photographs are difficult to decipher. 3. Declaration of Roberto Guz...

Excerpt: ...claims for negligence and premises liability. Defendant moves for summary judgment. EVIDENCE A. Defendant's Evidence 1. Soza Declaration On February 18, 2017, Mr. Soza was employed as a personal banker at the branch. On rainy days when the branch was open, caution signs would be affixed to the door. Exhibits 1 and 2 are photographs of the signs on the day in question; the photographs show signs in Spanish and English saying “caution, wet floor�...

Excerpt: ...W. Palmer Avenue, Glendale, CA. Plaintiff asserts claims for negligence, premises liability, strict liability, and negligent infliction of emotional distress. The summons and complaint were served on a Salvador Bautista at 343 W. Palmer Avenue, Glendale CA. In the proof of service, the person who was served is described as a 35‐year‐old male. The complaint was answered by Salvador Bautista, Sr., who now moves for summary judgment. Plaintiff d...

Excerpt: ... as a matter of law. EVIDENCE A. Defendant's Evidence In support of the motion, Defendant presents the following evidence: 1. Excerpts from Plaintiff's Deposition Plaintiff testified that on June 15, 2018 she was walking down the sidewalk when her shoe caught on the edge of an uplifted concrete sidewalk panel. The incident occurred at approximately 3 pm on a sunny day. Plaintiff contends that a shadow from a nearby tree obstructed her view of the...

Excerpt: ...ive notice. In this action, Plaintiff alleges he was struck in face by a gate that had broken loose from its weld on Defendants' property. Plaintiff alleges that he was lawfully on the property; that defendants negligently owned, maintained, managed and operated the premises; that defendants willfully and maliciously failed to guard or warn against the dangerous condition; and that the acts of the defendants were the legal cause of Plaintiff's in...

Excerpt: ...ile and serve a memorandum of costs that included both the summary and worksheet. Plaintiff argues that the memorandum of costs was due on April 12, 2020. Defendant served a memorandum of costs on April 7, 2020 that included only the summary, and after Plaintiff informed Defendant that the worksheet was missing, on April 14, 2020 Defendant served an amended memorandum of cost that included a worksheet. Plaintiff claims that the service of the wor...

Excerpt: ...f alleges that she slipped at fell on an unknown liquid substance outside of a restroom on the premises of Los Angeles World Airport, also known as Los Angeles International Airport, which is allegedly owned and operated by the City of Los Angeles. She asserts two causes of action: negligence and government liability under Government Code section 835. Defendant demurs to each claim. Under the Government Claims Act, “[a] public entity is not lia...

Excerpt: ...onzalez based on the undisputed material facts proffered. Code Civil Procedure § 437c(p)(2). The complaint in this action alleges that on 03/01/2018, Plaintiff Leonardo Gonzalez was working as a journeyman ironworker at a construction site for the purpose of installing rebar. Plaintiffs contend that Defendants failed to secure live electrical wire which flowed into the metal rebar pieces, causing Plaintiff to be electrocuted. Plaintiff Leonardo ...

Excerpt: ...nitive damages on page 6, paragraph 4. The Court denies the motion to strike to the extent it seeks to strike other portions of paragraph 14. The Plaintiff has 15 days from notice of this order to amend. This ruling is without prejudice to a future motion for leave to amend to add a claim of punitive damages should Plaintiff later discover facts that would justify a claim for punitive damages. ALLEGATIONS In the complaint, Plaintiffs Erik O. Sanc...

Excerpt: ...ENIES the motion to strike the remaining language. The Plaintiff has 15 days from notice of this order to amend. This ruling is without prejudice to a future motion for leave to amend to add a claim of punitive damages should Plaintiff later discover facts that would justify a claim for punitive damages. In the first amended complaint, Plaintiff Eva Poon alleges that she was injured in a car accident caused Defendant who was angrily texting with ...

Excerpt: ...elease of Information Unit, Kaiser Permanente/ Radiology, and Accurate Medical Services. The subpoenas seek all records related to the plaintiff without limitation. Plaintiff argues that the subpoenas should be limited to the body parts or medical conditions at issue in this litigation. Litigants have a right to constitutionally protected right to privacy in their medical records. (Davis v. Superior Court (1992) 7 Cal.App.4th 1008, 1014; Harris v...

Excerpt: ...m oral surgery on Plaintiff at the offices of Mid‐ Wilshire Dentistry, which surgery Plaintiff contends was negligently performed, causing her injury. Plaintiff alleges that she received follow‐up care at Mid‐Wilshire Dentistry from an unnamed dentist in Dr. Laska's office, which follow up care Plaintiff also contends was negligent. Plaintiff alleges, among other things, that Dr. Laska and Mid Wilshire Dentistry are vicariously liable for D...

Excerpt: ... and her dogs were attacked by a dog allegedly owned by Defendants Adolpho Gonzales, Ruth Gonzales and Alez Gonzales. Plaintiff seeks compensatory and punitive damages. Defendants move to strike the punitive damages claim, claiming that the complaint does not allege facts sufficient to support a finding of malice, oppression or fraud pursuant to Civil Code section 3294. Plaintiff alleges that on April 13, 2019, her dogs were secured in her yard. ...

Excerpt: ...n a glass display case fell on her foot; Bowie Myers alleges he witnessed the accident and suffered emotional distress as a result. Plaintiffs, through their guardian ad litem, have filed expedited petitions for approval of the minors' compromises, and seek leave to file the unredacted versions of the petitions under seal. Plaintiffs specifically seek to protect their ages, addresses, dates of birth and medical information. The Court intends to g...

Excerpt: ...counsel Julia Sklar in the amount of $2,670, jointly and severally, to reimburse Defendants for the cancellation fees that Defendants incurred when Plaintiff cancelled at the last minute after agreeing to appear. The Court declines to consider the request for additional relief sought by Defendant City of Los Angeles in the purported “joinder” in this motion. DISCUSSION Defendants John Bean Technologies Corporation and Tom Bradley Internationa...

Excerpt: ... she slipped and fell on water that had allegedly leaked from a faulty pipe. Plaintiff alleges that Defendant had actual knowledge that the pipes in the apartment building were defective because Plaintiff had previously complained about them. Plaintiff further alleges that the failure to fix the pipes constituted malice, fraud or oppression. Plaintiff seeks compensatory and punitive damages. Defendant moves to strike the prayer for punitive damag...

Excerpt: ...ges that she was injured because of a dangerous condition on the sidewalk at or near the southeast corner of Burton Way and Le Doux Road in the City of Los Angeles. Plaintiff alleges that the sidewalk at that location was controlled by Defendants City of Los Angeles, Caruso Property Management and 8500 Burton Way, LLC. Defendants have moved for summary judgment on the ground that the alleged defect was trivial as a matter of law. EVIDENCE On Apri...