Excerpt: ...who was allegedly injured while jumping on a trampoline at a facility owned and operated by Defendants. Defendants have produced a copy of a Participation Agreement that Defendants contend was digitally completed. The agreement includes a “signature certificate” that purports to indicate that Plaintiff Shay Aldandari, Mia's father, was the “signing party” who “digitally agreed” to the agreement. The Participation Agreement includes an...

Excerpt: ... Plaintiff to undergo emergency medical treatment for gangrene. She suffered partial loss of her toes. Plaintiff alleges one cause of action for negligence and medical malpractice. Plaintiff has not opposed the motion. To support a claim for medical malpractice, Plaintiffs must establish the following elements: “'(1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and e...

Excerpt: ...ocated in the checkout aisle at 12:55:33. Liquid dripped from this customer cart onto the floor. The liquid is visible in a surveillance video at 12:56:21. Plaintiff slipped and fell from this liquid at 12:58:41. Defendant contends that the liquid had been hidden from view by the customer's shopping cart until 12:58:27, when the customer took the cart away. Defendant contends that the cashier exited her area at 12:58:18, before the cart was taken...

Excerpt: ...press contends is responsible for the accident that it is at issue in this case. The Court may grant leave to file a permissive cross‐complaint against a co‐ defendant or third party if doing so would be in the “interests of justice.” Code Civ. Proc. section 428.50(c). The Court finds that the interests of justice would be served by permitting Federal Express to file the cross‐complaint. Doing so would permit the indemnity claim to be r...

Excerpt: ... written communication documenting Defendant's efforts to meet and confer. Defendant first sent a meet and confer letter on 9/12/19 raising only the issue of the propriety of recovering prejudgment interest. Opposition, Ex. A. Defendant followed up with an email on 9/18/19 to meet and confer about inclusion of prejudgment interest in the Complaint. Opposition, Ex. A. The demurrer was filed on 9/18/19. Defense counsel first raised the issue of Pla...

Excerpt: ...ch 15, 2018, Plaintiff's counsel filed a lawsuit against Greer for wrongful death. On July 26, 2018, Plaintiff's counsel learned that Greer had died on July 28, 2017 and that the administration of his estate had commenced. Plaintiff filed a probate <011e011a03580003000300 filed Doe amendments <0003011e0190019a010201 015a011e0003011e0190Ltate itself as defendants in this action. Defendants move for summary judgment, claiming, among other things, t...

Excerpt: ... set. Cal Code Civil Procedure § 2024.050(a). Among the factors to be considered in granting relief are the diligence or lack of diligence in seeking discovery, the likelihood that permitting discovery will prevent the case from going to trial, and resulting prejudice to the opposing party, among other things. Cal Code Civ Procedure § 2024.050. <015d0150011e0176011001 011e01750189019a015d>ng to schedule the depositions of Ms. Hesse and Mr. Zime...

Excerpt: ...es of action. First Cause of Action for Breach of Restrictive Covenants The Hommes argue the complaint admits defendants' building plan was approved by the architectural committee, establishing no violation of the CC&Rs. The FAC alleges defendants' submission to the architectural committee did not truthfully represent their intended construction, so the committee's approval was invalid. Even were the committee's approval valid, covenant (f) of th...

Excerpt: ...ondition on Defendant's property and <0102015d0176019a015d01 00030190015a011e0003>fell. The claim for premises liability alleges, among other things, that Defendant “intentionally failed to warn” Plaintiff of the allegedly dangerous condition on the property. Defendant moves to strike the allegations that Defendant had a duty to render aid and that Defendant intentionally failed to warn. A. Allegations regarding duty to render aid In support ...

Excerpt: ...e court may in its <0190011e011001b5019a01 01b501020176019a0003Lto this article on its own motion or on motion of the defendant if to do so appears to the court appropriate under the circumstances of the case.” The Court may exercise this discretion to dismiss an action <017d019a00030175010201 01760003019a01c1017dL years after the action is commenced against the defendant.” CCP § 583.420. The plaintiff opposing a motion to dismiss for delay ...

Excerpt: ...el & Conference Center in Pomona, CA. She alleges that she “tripped and fell on a foreign object <017d018c00030110018c01 0003011a010201760150Lerous condition.” She purports to assert two causes of action against Defendant Starwood Hotels & Resorts Worldwide, Inc. (“Starwood”), the owner and operator of the Sheraton Fairplex Hotel: premises liability and negligence. Starwood has moved for summary judgment, or in the alternative, summary ad...

Excerpt: ...onal Park, which allegedly was owned and managed by the Defendant County of Los Angeles (“Defendant” or the “County”). Plaintiff further alleges that prior to bringing the action, she presented a timely <011a011e011a0003019001 n regarding the exact location within the park when requested to do so. The County demurs to the FAC, claiming that Plaintiff failed to substantially comply with the Government Tort Claim Act. The Court overrules th...