Excerpt: ... of a building owned, repaired, or managed by Defendants Jones and Jones Management Group, Inc. (“Jones”) and Landcare USA LLC (Doe 1) (“Landcare”). Each defendant has moved for summary judgment, arguing that no duty was owed because the condition was trivial and open and obvious, and that the defendants did not have actual or constructive knowledge of the condition. The defendants' motions are nearly identical, so the Court considers the...

Excerpt: ... judgment to the Court within 10 days. Cal. Code Civ. Proc. § 664.6 permits entry of judgment pursuant to the terms of the settlement if there is a writing signed by the parties or if the settlement is made orally before the court. Cal. Code Civ. Proc. § 664.6. The court acts as the trier of fact and determines whether the parties entered into a valid and binding settlement. Terry v. Conlan (2005) 131 Cal.App.4th 1445, 1454. The court's power i...

Excerpt: ... damages for the value of these services. Defendant contends that such damages are not recoverable as a matter of law. In January 2020, the parties stipulated to allow Defendant to bring a motion for summary adjudication pursuant to Code of Civil Procedure section 437c, subdivision (t) on this issue. The Court ordered that such a motion would be allowed. EVIDENCE Viewing the evidence in the light most favorable to the non‐moving party, the evid...

Excerpt: ...him. Defendant Wholesale Interiors Inc. seeks an order compelling a mental examination with psychologist Dr. Jeffrey Lulow. Section 2032.020, subdivision (a) of the Code of Civil Procedure provides: “Any party may obtain discovery . . . by means of a . . . mental examination of [] a party to the action . . . in any action in which the mental . . . condition . . . of that party is in controversy in the action.” “A mental examination conducte...

Excerpt: ...ne of the vehicles involved. She asserted claims for negligence against Urbina and Does 1 to 25 for the negligent “operation, ownership, entrustment and control.” The complaint alleges that two vehicles were negligently operated and entrusted: “a Toyota Corolla CA license plate 4URY624 and Ford F‐150 CA license plate 8576893.” On 12/4/2019, Plaintiff amended the complaint to add Jose Gonzalez‐Tejeda as Doe 1, alleging that upon the fi...

Excerpt: ... ONLY. Summary adjudication is DENIED as to the theories of liability alleged in paragraphs MV‐2b, MV‐2d, and MV2‐e. Ruskin does not move for summary adjudication with respect to the theory of liability alleged in paragraph MV‐2c. In the complaint, plaintiffs allege that they were injured in an automobile accident as a result of the negligence of defendants Aaron Lee Ruskin, Shauna Ruskin and Jorge Favela (erroneously sued as George Favel...

Excerpt: ...Defendants Stephen S. Lee, Stephen S. Lee Trust, Save Greens and Bryon M. Bigrigg owned and operated a cannabis dispensary. Plaintiff further alleges that on April 1, 2019, security guards employed by Defendants attacked Plaintiff without provocation, causing Plaintiff to sustain severe injuries. Plaintiff alleges five causes of action against all defendants: (1) battery; (2) premises liability; (3) negligence; (4) intentional infliction of emoti...

Excerpt: ...it the document production based on body parts or medical condition. The Court's preliminary inclination is to order Kaiser to produce the records simultaneously to both counsel pursuant to an order to protect confidentiality. During this preliminary stage, the protective order would be an attorney's‐eyes‐only order. Counsel would then meet and confer to determine which documents are beyond the scope of the original subpoena. Defendant would ...

Excerpt: ...ey were injured in a traffic collision caused by a defective traffic signal. The accident occurred at the intersection of Inglewood Avenue and 104th St., in an unincorporated part of the County of Los Angeles. Plaintiffs' counsel mistakenly believed that the accident occurred in the City of Los Angeles. On 1/15/2019, Plaintiffs, through their counsel, presented a government claim to the City of Los Angeles. On 3/20/2019, Plaintiffs' counsel recei...

Excerpt: ...iff and his counsel of record are ordered to pay sanctions in the amount of $800. In this action, Plaintiff alleges that Defendant was negligent in providing medical care and treatment that resulted in below‐the‐knee amputations of both of Plaintiff's legs. The experts for both sides were deposed. Prior to the depositions, the parties agreed if any expert were to formulate any “new or different opinions,” the expert would be produced for ...

Excerpt: ...nter. She asserts a claim of premises liability against the defendant. Defendant moves for summary judgment, contending that there was no dangerous condition. Prior to the accident, plaintiff was crossing an elevated roadway or drive deck in a marked cross‐walk. To the left of the crosswalk was a metal expansion joint that connects the bridge for the parking structure and a bridge to another building on the hospital campus. The expansion joint ...

Excerpt: .... In the complaint, Plaintiff alleges that on December 31, 2015, Plaintiff was exiting an elevator at his workplace when the elevator malfunctioned, causing severe injuries. Plaintiff asserts three causes of action against Defendants Schindler and Kone (along with other defendants): negligence; premises liability; and strict products liability. Schindler and Kone have moved for summary judgment. Plaintiff has not opposed the motions SCHINDLER'S M...

Excerpt: ...ment on the pleadings, claiming that CASSA is a public entity and that plaintiff did not comply with the California Tort Claims Act by presenting a timely claim to CASSA before filing suit. Pursuant to Code of Civil Procedure section 438(d), the grounds for a motion for judgment on the pleadings must “appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” Subject to certain ex...

Excerpt: ...To the extent that the discovery and motion cut off dates had not yet expired by that time, the dates are to be determined by the new trial date. Motion for Sanctions by Plaintiff‐In‐Intervention Midwest Employers Insurance Co. is GRANTED. The Court imposes sanctions in the amount of $900 on Plaintiff's counsel of record, Hussein A. Chahine and Chahine Law, APC, jointly and severally, to be paid to moving party Plaintiff‐in‐Intervention M...

Excerpt: ...t was under the influence of alcohol at the time of the accident and that he had consumed the alcohol with the intent to operate his vehicle. Plaintiff further alleges that Defendant failed to stop at a stop sign and “violently struck Plaintiff's vehicle at a high rate of speed.” Plaintiff further alleges that Defendant “in consuming the alcohol, was substantially certain, and with foreseeability, that the alcohol would and did impair his a...

Excerpt: ...City of Los Angeles “owns, manages, maintains, controls and inspects the sidewalk and street” at the location of the incident. Plaintiff further alleges that based on California Civil Code section 831, Defendant Westchester Church of the Nazarene (the “Church”) is “presumed to own, manage, maintain, control and inspect to the center of the street” the property in front of its building to the center of the street. Plaintiff alleges tha...

Excerpt: ...ult of a crack in the sidewalk in the City of Long Beach. Plaintiff asserts a claim for dangerous condition of public property. Defendant moves for summary judgment, contending that the defect was trivial as a matter of law. EVIDENCE Plaintiff claims that on December 24, 2017, at about 9:30 a.m., she tripped on a crack in the sidewalk at 249 East Ocean Boulevard, Long Beach, CA, and fell, sustaining injuries. Plaintiff was walking alone on the da...

Excerpt: ...aintiff's counsel undertook to schedule the depositions on the witnesses' behalf and made clear to Defendant's counsel that Plaintiff's counsel was representing the witnesses at least for the purposes of scheduling. Through communications with Plaintiff's counsel, Defendant agreed to continue the depositions to September 26, 2019. Two days before the depositions, Plaintiff's counsel requested that the depositions be continued to October. The part...

Excerpt: ...that order. Contrary to Plaintiff's argument, Defendants' motion is not one for reconsideration. Defendants are entitled to move to withdraw or amend admissions and the Court can grant the motion “only if it finds that the admissions were the result of mistake, inadvertence, surprise or excusable neglect,” and the requesting party will not suffer prejudice as a result of the amendment. Code Civ. Proc., § 2033.300. In Brigante v. Huang (1993)...

Excerpt: ... its parts fell on Plaintiff while she was sitting in a classroom on Defendant's premises. Plaintiff alleges claims for negligence and premises liability. The District argues that Plaintiff failed to timely submit a government claim to the District within six months of accrual of the cause of action, and therefore, her claims are barred. Plaintiff admits the material facts pertinent to Defendant's argument. Plaintiff was injured at the Glendale C...

Excerpt: ...t/Cross-Complainant Yun Lin Chu filed a cross- complaint against Roes 1-50 seeking implied indemnity, equitable indemnity, total equitable indemnity, and declaratory relief. On March 21, 2018, Defendant/Cross-Complainant Lauren Fen Chiang filed a cross- complaint against Moes 1-50 seeking implied indemnity, equitable indemnity, total equitable indemnity, and declaratory relief. PARTY'S REQUESTS Defendant Yen Lin Chu moves the Court for summary ju...

Excerpt: ...Plaintiff asserts a single claim under Government Code section 835 for dangerous condition of public property. Defendant City of Claremont moves for summary judgment, contending the defect is trivial as a matter of law. EVIDENCE The incident at issue here occurred on May 21, 2017 at approximately 10 a.m. on a clear, sunny day on a residential street in the city of Claremont. The sidewalk was shaded by a tree. Plaintiff was very familiar with the ...

Excerpt: ...rt, as set forth below. The motion to quash the subpoena directed to the City of Los Angeles – Department of Building & Safety is DENIED AS MOOT. The request for sanctions is DENIED. This case arises out of an automobile accident. Plaintiff alleges that he suffered traumatic brain injury, cervical and lumbar disc herniations, numbness and tingling in his legs, post‐traumatic stress disorder, headaches, nausea, memory loss, concentration probl...

Excerpt: ... of the punitive damages claim are as follows: James or Erin Goodhart (“the driver”) intentionally and recklessly made an unsafe and unlawful left turn at a grossly excessive and dangerous rate of speed, losing control of the vehicle and colliding with Plaintiffs' vehicle. The driver knowingly and intentionally operated the vehicle while under the influence of alcohol, drugs and/or other intoxicants. The driver ingested the intoxicating subst...

Excerpt: ...ke a prayer for punitive damages, a plaintiff must plead ultimate facts showing its entitlement to such relief. (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) Allegations, devoid of any factual assertions, are insufficient to support a conclusion that parties acted with oppression, fraud, or malice. (Smith v. Superior Court (1992) 10 Cal.App.4th 1033, 1042.) To state a claim for punitive damages under Civil Code section 3294, a pla...