Excerpt: ...as driving a vehicle at an unsafe speed while under the influence of alcohol or drugs or a combination of both and was further operating the vehicle without a valid driver's license. As Defendant approached Plaintiff, Defendant made an unsafe turning motion and caused his vehicle to collide into Plaintiff at a high rate of speed. The impact caused severe crushing and lacerations to both of Plaintiff's legs, resulting in their amputation above the...

Excerpt: ...ith a public issue. (See Navellier v. Sletten (2002) 29 Cal.4th 82, 88). If the moving defendant makes this showing, then the burden shifts to the plaintiff to establish a probability that the plaintiff will prevail on the claim, i.e., a showing of facts that would, if proved at trial, support a judgment in the plaintiff's favor. (See DuPont Merck Pharmaceutical Co. v. Superior Court (2000) 78 Cal.App.4th 562, 567 568). Defendants fail to show th...

Excerpt: ...ges that Defendant Douglas Terra, while driving a Dodge Charger, struck Plaintiffs' decedent who was attempting to cross the street at the time. Plaintiffs allege claims for negligence, negligent entrustment, and negligent hiring, supervision, and retention. Defendants advise that the parties have arrived at settlement, subject to the Court's approval of the settlements made on behalf of the minor claimants Christopher and Jacklyn Castaneda. Defe...

Excerpt: ...Code Civ. Proc. § 437c). In these consolidated actions, Plaintiff alleges that he was attacked and falsely arrested by Defendants Cesar Aguero and Alrick Cooper while they were working as security guards at a nightclub operated by Defendant Nazkor LLC, dba Hyde Sunset Kitchen and Cocktails (also sued as Club Hyde and the Hyde Club) (Nazkor and Hyde entities are collectively referred to as Nazkor or Nazkor Defendants). Aguero and Cooper were empl...

Excerpt: ...due to the negligence of an employee of the Los Angeles Department of Water and Power (“DWP”). Pursuant to Government Code section 911.2, subd. (a), Petitioner was required to present a written claim for damages to the DWP within six months of accrual of Petitioner's cause of action, or by October 14, 2019. Petitioner submitted a claim to the wrong entity – the County of Los Angeles ‐‐ on May 1, 2019. The claim submitted to the County s...

Excerpt: ...pplication was served by certified mail on the same date. On 6/29/20, the Court set a hearing date of 9/1/20 for the Defendant's application. Notice of the hearing was served on all parties by the clerk on the same date. On 7/17/20, Defendant Ochoa also gave notice of the 9/1/20 hearing. Ordinarily, where the settling party elects to obtain an order by filing a notice of settlement and an application for good faith determination and serves the ap...

Excerpt: ... of a concrete pull box and cover. She alleges a single cause of action based on the alleged dangerous condition of public property. Defendant has moved for summary judgment. EVIDENCE A. DEFENDANT'S EVIDENCE Defendant presents the following evidence in support of its motion: ‐‐ Excerpts from Plaintiff's deposition: Plaintiff testified that at around 8:30 a.m. on May 30, 2018, she was walking from her home to work along her regular route. She ...

Excerpt: ...d and/or under the influence of drugs at the time of the collision and wantonly and recklessly chose to operate a motor vehicle under that condition. Leave to amend is GRANTED; Plaintiff has 20 days from notice of this order to amend to allege additional facts that may support a punitive damage claim. ALLEGATIONS In the complaint, Plaintiff Chad Tulik alleges he was injured in a motor vehicle collision allegedly caused by the negligent driving of...

Excerpt: ...ed that Ms. Xu undergo a pericardiocentesis and advised that she should be transferred to another hospital for a heart and lung transplant. Plaintiffs allege that Defendants were negligent in providing treatment, punctured their decedent's right ventricle, and failed to effectuate a transfer to another facility, all resulting in Ms. Xu's death on April 7, 2018. Plaintiffs allege a claim for medical negligence and Dr. Ahamdi‐Kashani and other de...

Excerpt: ...s in the indoor plant aisle. Plaintiff asserts causes of action for negligence and premises liability. Defendant moves for summary judgment. EVIDENCE In support of the motion, Defendant presents the following evidence: ‐‐ Plaintiff's deposition: Plaintiff was shopping in the Home Depot store on Sunset Boulevard when he slipped and fell. After he fell, he found a couple of leaves stuck to the bottom of his shoe. In addition, the bottom heel of...

Excerpt: ...ects. Petitioner is ordered to file the additional information set forth above in a Supplement to the Petition by 9/21/20 for review by the Probate Department. This action arises from a fire that occurred on 12/9/17 at Plaintiffs residence. Plaintiffs allege they were tenants of Defendant, Mabel Pena. Plaintiffs allege the electrical system in the residence was not code compliant and was a fire hazard. A fire ensued resulting in the death of Aida...

Excerpt: ... an automobile accident that occurred on 8/31/17. Plaintiffs allege they were passengers in a Ford E350 being driven by Defendant Steven Velarde who was then employed by the State of California. Plaintiff alleges that Velarde failed to yield to traffic and struck another car. Plaintiffs allege one cause of action for negligence. As Plaintiff did not file an opposition, the material facts are not in dispute. Plaintiff alleges he was injured while ...

Excerpt: ...fendants James Goodhart and Erin Goodhart (Doe 1). Plaintiffs allege that both James and Erin were the driver and owners of the vehicle. Plaintiffs assert three causes of action for negligence, labeled “motor vehicle negligence,” “gross negligence,” and “negligence.” James Goodhart moves for summary judgment, claiming he was not present at the scene of the collision and was not the owner of any vehicle involved in the accident. EVIDEN...

Excerpt: ...pport of the motion, the City presents Plaintiff's testimony that the incident happened at about noon on a sunny day in front of a medical or dental clinic. When asked if there were any leaves, dirt or debris obscuring the uplift, Plaintiff testified that he guessed that there may have been a shadow, but he does not recall one way or another if there was. Matthew Binder, a Street Crew Supervisor for the City's Public Works Maintenance Services Se...

Excerpt: ...amended complaint, Plaintiff Abigail Bolde alleges that on December 9, 2016, she was driving on the freeway when a seven‐foot portion of a truck's exhaust pipe broke off and flew through Plaintiff's front windshield, striking her on the head and causing severe injuries. The complaint alleges that the tractor was manufactured by Defendant and Cross Complainant Navistar Inc., owned by (now former) Defendant Vaso Express, Inc., and driven by Defen...

Excerpt: ...iser Permanente – Central Release of Information Unit and Kaiser Permanente/ Radiology. The subpoenas seek all records related to the plaintiff over the past 10 years. 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; Har...

Excerpt: ...employment by Defendant California Highway Patrol at the time of the incident. Plaintiffs assert claims for negligence and motor vehicle negligence against both defendants. Defendants State of California, acting by and through the California Highway Patrol (“California Highway Patrol”) and Jeremy Kerekes move for judgment on the pleadings, contending that judicially noticeable facts demonstrate that Plaintiffs failed to submit government clai...

Excerpt: ...ammond, through his guardian ad litem Kimberly Hammond, alleges that on November 16, 2016, he was playing with other children in the upper section of the gym at Long Beach City College when his foot got caught in a gap between the mats and was subsequently injured. Plaintiff contends that the location, arrangement and condition of the mats constituted a dangerous condition. He asserts a claim for dangerous condition of public property against Def...

Excerpt: ...mith v. Superior Court (1992) 10 Cal. App. 4th 1033, 1042.) Negligence, gross negligence or even reckless conduct is insufficient to support a claim for punitive damages. (Dawes v. Superior Court (1980) 111 Cal. App. 3d 82, 87.) “Malice” is defined in section 3294(c)(1) as “conduct which is intended by the defendant to cause injury” or “despicable conduct which is carried on by the defendant with a willful and conscious disregard of the...

Excerpt: ...livery truck. Ms. Moreno was an employee of Charlie's Produce, a tenant of the property at the time of the accident. Plaintiffs allege claims for negligence and premises liability against the owners of the property. On 10/22/19, Plaintiff amended the complaint substituting Charlie's Produce for DOE 2. As Plaintiffs did not oppose the motion, all material facts proffered by Charlie's Produce remain undisputed. Charlie's Produce operates a warehous...

Excerpt: ..., who was driving under the influence of alcohol at the time of the collision. Plaintiff further alleges that Malespin's employer, Defendant Blue Stone Management, LLC (Doe 1) (“Blue Stone”), is vicariously liable. Blue Stone moves for summary judgment, arguing that Malespin was not acting in the scope of his employment at the time of the collision. I. EVIDENCE The parties do not dispute that the accident at issue occurred on August 31, 2018 ...

Excerpt: ... the 7th Street/ Metro Center Station that belonged to and was operated by Los Angeles County Metropolitan Transportation Authority. Plaintiff asserts causes of action for product liability and negligence against Defendant Kone, Inc. In the products liability claim, Plaintiff alleges that Kone supplied the elevator and that it was defective when it left Kone's control. In the cause of action for negligence, Plaintiff alleges that Kone had a duty ...

Excerpt: ... injuries were caused by Defendants' negligence. Plaintiff asserts causes of action for negligence, premises liability and negligence per se. Defendants have moved for summary judgment, or in the alternative, summary adjudication, arguing that Defendants owed no duty to Plaintiff because he was an independent contractor; Defendants did not permit a dangerous condition to exist on the premises; and Ivy Yang does not own the premises and thus did n...

Excerpt: ...dant The Vons Companies, Inc. (“Vons”) has moved for summary judgment, claiming that the undisputed evidence establishes, as a matter of law, that Vons did not have actual or constructive notice of the allegedly dangerous condition. EVIDENCE In support of the motion, Vons presented excerpts from Plaintiff's deposition. Plaintiff testified that she was in the store just minutes before she fell. She fell in the floral department, as she was hea...

Excerpt: ...nt against the City of Los Angeles. Since Wizel is not liable to Plaintiff, there is no basis for Wizel's equitable indemnity and contribution claims against the City of Los Angeles. In this action Plaintiff Yubia Sandoval alleges she was injured when she tripped and fell on a public sidewalk in the City of Los Angeles. Plaintiff sued Defendants City of Los Angeles (“City”), Judy Wizel (Doe 1) and Judy Wizel Trust (Doe 2). The City and Judy W...