Excerpt: ...td. on November 5, 2021. Plaintiff asserts several disability discrimination claims under FEHA and wrongful termination in violation of public policy. Defendant filed a motion to compel arbitration on February 24, 2022. Defendant relies on an arbitration agreement between Filtec, Ltd. and Plaintiff. Defendant's human resources director states that Defendant Industrial Dynamics Company, Ltd. does business as Filtec, Ltd. The agreement provides tha...

Excerpt: ...chael Aguilera sues Premier Automotive of Placentia dba Premier Chrysler Dodge Jeep Ram of Buena Park (“Premier CDJR of Buena Park”) and FCA US LLC for violations of the Song Beverly Act against FCA US LLC and negligent repair against Premier CDJR of Buena Park. Plaintiff leased a car from Surf City Auto Group dba Huntington Beach CDJ Ram. The lease contained an arbitration provision which stated in relevant part: “Any controversy or claim ...

Excerpt: ...of (1) a duty to conform to the relevant standard of care; (2) a breach of that duty, i.e., the negligent conduct; (3) a proximate causal connection between the negligent conduct and the injury; and (4) resulting damage. (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968.)? Duty is measured by the standard of care in the medical community. (Munro v. Regents of the University of California?(1989) 215 Cal.App.3d 977.) A healthcare provider is neg...

Excerpt: ... Defendant, Sean Elyaszadeh, in 19STCV06801 is GRANTED. The default entered on 12/30/20 is vacated. Defendant is ordered to file an Answer forthwith. This action arises from alleged misconduct with respect to Defendant Rafalian's control and management of real property located at 500 Carson Town Center in Carson. Plaintiff alleges claims for: 1. Breach of fiduciary duty 2. Accounting 3. Conversion 4. Declaratory relief 5. Fraudulent transfer 6. Q...

Excerpt: ...&1800 Boardup is sustained with leave to amend. The complaint alleges that Protech Construction was hired to restore Plaintiffs' mother's home after a fire pursuant to plans and specifications approved by the City of Compton. The city's building inspector requires correction to the patio cover built by Defendants. However, Defendants allegedly refuse to make the corrections. Plaintiffs allege one cause of action for breach of contract. Defendants...

Excerpt: ...ent, LLC. Plaintiff alleges that on the eve of closing escrow, Defendant prematurely delivered cancellation instructions although Plaintiff had obtained loan approval and was ready, willing, and able to perform. Plaintiff alleges claims for breach of contract and specific performance. The Court's file reflects that the parties stipulated to resolve their dispute through binding contractual arbitration as provided for in their contract. Stipulatio...

Excerpt: ...intiff owned in Compton, a hair salon owned by Plaintiff, vehicles, and cash. Plaintiff alleges the following causes of action: Against Defendants: Fraud Bustamante and Petrolla Avenue, LLC Elder Abuse All Defendants Intentional Interference with Contractual Relations Bustamante only Intentional Interference with Prospective Economic Relations Bustamante Only Factual History On 3/11/13, Plaintiff McKenzie filed a quiet title action bearing Case N...

Excerpt: ...ted on 11125 Penn Street in Lynwood. Plaintiff alleges he is the owner of the real property by adverse possession. On 4/15/19, Plaintiff amended the complaint to substitute Defendant, Belinda Lujan, for Doe 1. Lujan filed an answer and Cross-Complaint against Plaintiff for intentional and negligent misrepresentation, ejection, trespass, unfair competition, and for declaratory relief. On 9/8/20, Plaintiff amended the complaint to substitute Michae...

Excerpt: ...OTION TO STRIKE: An order striking the following portions of the complaint: (1) “General Damages” at p.9:13, (2) “attorneys fees” at p.9:15 and (3) “For punitive and exemplary damages against Defendants for their despicable conduct” at p.9:17-18. RULING: The demurrer is overruled. The motion to strike is granted, without leave to amend, as to “General Damages” at p.9:13 and is otherwise denied. Answer is due within 20 days. Defend...

Excerpt: ...ditor of Xavier Mitchell and Dana Bell (Mitchell and Bell) in the matter of LASC 15P04303 Talin Zohrabian v. Xavier Mitchell, Dana Bell, et al. In that action, Plaintiff obtained a judgment against Mitchell/Bell for $24,295.00. Plaintiff obtained a writ of execution on 9/14/18 and 10/1/18 and served two bank garnishments instructing BBVA to capture any funds held by each judgment debtor. Defendant Bank captured $399.02 from one account. Plaintiff...

Excerpt: ...g Receiver to Carry Judgment Into Effect and the First Report submitted by Receiver, Andrew Adams. As further explained below, the Court continues the hearing to _____________________________ to permit the Receiver to file a Second Report. Plaintiff, People of the State of California, brought this action to abate a public nuisance on two parcels of real property owned by Defendant. Plaintiff alleges that Defendant permitted dilapidated, unsanitar...

Excerpt: ... Plaintiff Vasquez leased from Defendants commercial real property located at 11206 S. Wilmington Ave in Los Angeles pursuant to a written contract. Plaintiff intended to use the space as a dessert shop. However, the property was legally authorized to be used as office or retail space, not restaurant space. Defendants allegedly breached the agreement by failing to submit an application to the Los Angeles Building department to change the building...

Excerpt: ... (Code Civ. Proc. § 367.) The complaint must allege the plaintiff's standing to sue. (See Friendly Village Community Assn., Inc. v. Silva Hill Constr. Co. (1973) 31 Cal. App. 3d 220, 223.) In the unlawful detainer context, this means that the plaintiff must allege the basis for its claim to a right of possession. Generally, the real party in interest in an unlawful detainer action is the person who owns or hold title to the claim or property inv...

Excerpt: ...ses; the third cause of action for breach of the implied covenant of good faith and fair dealing; conversion; money had and received; and unjust enrichment. Plaintiff has 30 days to amend. The demurrer is OVERRULED as to the claim for breach of fiduciary duty. (Ali and Eagles Mortgage Company, Inc. did not demur to the thirteenth cause of action for unlawful business practices in violation of Business and Professions Code section 17200.) ALLEGATI...

Excerpt: ...fendant's former employee Terrance Jackson, R.N. as Plaintiff must subpoena former employees. The request for sanctions is DENIED. In this medical malpractice action, Plaintiff Aida Iniguez alleges that Defendants were negligent in her care and treatment, resulting in the amputation of both her legs and other injuries. Plaintiff seeks to compel the depositions of two nurses involved in Plaintiff's treatment while allegedly employed by Defendant S...

Excerpt: ...Complaint alleges that Plaintiffs' decedent, Rosa Maria Salazar, died from injuries sustained in an automobile collision allegedly caused by Defendant Asuncion Garcia. Plaintiffs allege that Garcia was negligent in operating his vehicle while acting within the course and scope of employment with Defendant Expert Plant Care. Plaintiffs allege claims for negligence and negligence per se and dangerous condition of public property pursuant to Governm...

Excerpt: ..., 2021 to permit defense counsel an opportunity to obtain verifications from the incarcerated defendant. The complaint alleges one cause of action for breach of contract based on Defendant's alleged failure to pay Plaintiff for attorney services rendered. The summons and complaint were served on Ms. Eng on February 18, 2021. On March 8, 2021, Mr. Fletcher served the discovery at issue in this motion. Discovery was served before Ms. Eng appeared, ...

Excerpt: ...h a 60‐day notice to quit by posting and mailing. The notice was entitled “Sixty Day Notice to Terminate Tenancy Pursuant to Civil Code Section 799.70” and further states in relevant part: “You are further notified that pursuant to California Civil Code Section 799.70 you have violated the provision(s) of the lease, rental agreement or rules by doing or failing to do the following: You have become an extreme nuisance and a threat to the n...

Excerpt: ...y, issue or terminating sanctions. In the complaint, Plaintiff Noratel Power Engineering, Inc. alleges that Defendant Gregory Robinson, Plaintiff's former CEO, stole $3.6 million from the company by submitting hundreds of fraudulent expense‐reimbursement requests. Plaintiff asserts claims for fraudulent misrepresentation, fraud by concealment, breach of fiduciary duty, money had and received and conversion. On August 11, 2020, the court granted...

Excerpt: ...ing that the conduct of defendants related to the pleaded causes is such as to constitute constitutionally cognizable ‘minimum contacts.'” (DVI, Inc. v. Superior Court (2002) 104 Cal. App. 4th 1080, 1090‐91 [internal citations omitted.]) Plaintiff's argument focuses on the fact that TitleMax is a wholly owned subsidiary of TMX. “In analyzing the evidence of contacts, [the court] start[s] with the firm proposition that neither ownership no...

Excerpt: ...rting causes of action related to property commonly known as 500 Carson Town Center (“Carson Property”). On September 1, 2005, Elyaszadeh filed a cross‐complaint in that prior action, alleging causes of action relating to his claim of title in and to the property. On or about November 6, 2006, judgment was entered in favor of Elyaszadeh and against Rafalian. Among other things, the court declared: ‐‐ that Elyaszadeh had a 50% ownership ...

Excerpt: ... agreed to sell Cala the subject property. Judgment was entered against Ms. Baker‐Toler, and the court ordered specific performance of the agreement. Cala acquired the title to the property, and thereafter purported to serve Ms. Baker‐Toler and Mr. Toler with a three‐day notice to quit. Defendants failed to vacate the property, and Cala filed this action. The court previously granted summary judgment in favor of Plaintiff and against Defend...

Excerpt: ...ler had agreed to sell Cala the subject property. Judgment was entered against Ms. Baker‐Toler, and the court ordered specific performance of the agreement. Cala acquired the title to the property, and thereafter purported to serve Ms. Baker‐Toler and Mr. Toler with a three‐day notice to quit. Defendants failed to vacate the property, and Cala filed this action. The court previously granted summary judgment in favor of Plaintiff and against...

Excerpt: ...t Maxine Turner is alleged to be its president. Taylor alleges that Turner made defamatory statements regarding Taylor in the course and scope of her activities as the Association's president. Plaintiff also alleges that Turner and the Association violated the Davis‐Stirling Act by failing to maintain common areas as required by the CCRs and by failing to comply with the open‐meetings requirements. Plaintiff purports to allege four causes of ...

Excerpt: ...amended complaint, Plaintiff Orianthi Perez, through her guardian ad litem, alleges that shortly after she was born, a lumbar puncture test was performed, during which her arm and leg were fractured. A non‐accidental trauma investigation was performed, which involved both social services and the LAPD. From the medical records, Plaintiff deduces that the break occurred during the care provided by medical professionals employed by Defendant St. F...

Excerpt: ...12/20. The settlement and the terms of the Special Needs Trust are approved, and the Petition is GRANTED. The Court finds that counsel's request for attorney's fees of 40% of the gross settlement is reasonable pursuant to the factors at Cal Rules of Court, Rule 7.955(b). Plaintiff's counsel's supplemental declaration provides the required copy of the signed retainer agreement. The Court approves the following distribution. Attorney's fees (40%) $...

Excerpt: ...ed to pay for the value of an automobile or the amount necessary to repair or replace the automobile. The policy allegedly provided the same coverage for any replacement or substitute vehicle. Coronado further alleges that on or about May 5, 2018, Coronado acquired a new BMW 328i to replace the vehicle she had insured with Infinity. As Plaintiff's brother was driving the vehicle home from the dealership, he was involved in a collision that render...

Excerpt: .../20. The settlement and the terms of the Special Needs Trust are approved, and the Petition is GRANTED. The Court finds that counsel's request for attorney's fees of 40% of the gross settlement is reasonable pursuant to the factors at Cal Rules of Court, Rule 7.955(b). Plaintiff's counsel's supplemental declaration provides the required copy of the signed retainer agreement. The Court approves the following distribution. Attorney's fees (40%) $7,...

Excerpt: ...agreed to pay for the value of an automobile or the amount necessary to repair or replace the automobile. The policy allegedly provided the same coverage for any replacement or substitute vehicle. Coronado further alleges that on or about May 5, 2018, Coronado acquired a new BMW 328i to replace the vehicle she had insured with Infinity. As Plaintiff's brother was driving the vehicle home from the dealership, he was involved in a collision that re...

Excerpt: ...ationship between Plaintiff and Defendant and no rental agreement or lease. Defendant was allegedly served with a 30-day notice to quit under Civil Code section 789, which applies to tenancies at will. Defendant moves for summary judgment, claiming that the 30-day notice is defective because “the notice states an insufficient basis for unlawful detainer under the Code of Civil Procedure [section] 1946.2.” (See Notice of Motion). Although the ...

Excerpt: ...cuments as set forth below within 20 days' notice of this order. A. RULINGS REGARDING SPECIFIC REQUESTS REQUESTS FOR PRODUCTION NOS. 1, 11, 12, 13, 14, 15, 25, 26, 27, 30, 31, 34: The motion to compel further responses is GRANTED. Plaintiff has shown good cause for the discovery sought by the demands. The court overrules the objections, except the attorney‐client privilege and attorney work product objections to the communications referenced on...

Excerpt: ...or and could not move his body below his neck. He was transported to Defendant St. Francis Medical Center for treatment and medical care, where he allegedly received treatment from several physicians and surgeons, including Defendant David Razi, M.D. Plaintiffs allege that Dr. Razi's treatment of Mr. Ferguson fell below the standard of care and caused him injury, including permanent damage to his spinal cord, resulting in the loss of mobility. Mr...

Excerpt: ...use of action for unfair business practices and quiet title are SUSTAINED WITH LEAVE TO AMEND against the moving defendants only. Plaintiff has 20 days to amend. In the first amended complaint, Plaintiff Porfiro Zamora alleges that he is the rightful owner of real property located at 15319 California Avenue, Paramount, CA 90723. Plaintiff alleges that in October 2018, he was looking to borrow approximately $200,000 for an investment. A mutual fri...

Excerpt: ...demurrer to the seventh cause of action for breach of contract and the ninth cause of action for a violation of section 17200, et seq. of the Business Code. Cross‐complainant is allowed 20 days from notice of this order to amend. In the first amended cross‐complaint, Cross‐Complainant Global Logistical Connections, Inc. (“GLC”) asserts claims against Cross‐Defendants Snelling Staffing, LLC (“SSL”) and State Compensation Insurance ...

Excerpt: ...able dwelling and nuisance). Leave to amend is denied. Defendant is ordered to file an answer within 30 days of notice of this ruling. In the complaint, Plaintiffs Maria Guadalupe Avila, Jocelyn Avila and Javier Avila allege that they are tenants of a multiple‐unit apartment building owned and operated by Defendant Park Village Family Apartments LP. Plaintiffs further allege that the property was untenantable pursuant to Civil Code section 1941...

Excerpt: ...ther alleges that defendant entered into a written rental or lease agreement with Plaintiff's agent. Plaintiff further alleges, among other things, that Defendant was served with a three‐day notice to cure or quit, and that Defendant failed to comply with the requirements of the notice by its expiration. The notice was allegedly served on the Defendant by posting a copy on the premises and mailing a copy to defendant on the premises on December...

Excerpt: ...im Baksh dba Baksh Construction Company (“Baksh”) constructed a two‐unit income property on 97th Street in Los Angeles. On November 6, 2017, Baksh allegedly issued a warranty of completion of construction, in which Baksh allegedly warranted against all defects of equipment, materials and workmanship and agreed to remedy any defects for one year. In April and June of 2018, Plaintiff allegedly notified Baksh of major defects in the constructi...

Excerpt: ...purchase of various equipment, including three utility trailers. Plaintiff perfected a security interest in the vehicles. Defendant Tom Kim aka Tom Pongil Kim allegedly executed a personal guaranty of all of Defendant OT Truckline's obligations under the agreement. On or about November 15, 2019, Defendant OT Trucklines allegedly breached the terms of the agreement by missing payment. Plaintiff asserts claims for breach of written agreement agains...

Excerpt: ...hen employed by Defendant TAP Worldwide LLC d/b/a 4 Wheel Parts Performance Center. Plaintiff asserts claims under the Fair Employment and Housing Act, among others. Defendant has moved to compel arbitration, which Defendant opposes on the ground that, among other things, he never agreed to arbitration. Defendant now seeks limited discovery into issues relevant to the motion to compel arbitration. Specifically, Defendant seeks to compel Plaintiff...

Excerpt: ... Damien Cayetano. Plaintiff Daniel Cayetano is Orozco's husband and Plaintiff Esperanza Perez is Orozco's grandmother. Plaintiffs assert the following claims against the County: (1) professional negligence asserted by Plaintiff Orozco; (2) negligent hiring, training and supervision asserted by Plaintiff Orozco; (3) wrongful death asserted by Plaintiffs Orozco and Cayetano; (4) negligent infliction of emotional distress (bystander) asserted by all...

Excerpt: ...rent or quit on 2/5/2020, which notice demands back‐due rent in the amount of $10,900 for the period from August 1, 2019 to February 29, 2020, or $1,557.14 for 7 months. Defendant moves for summary judgment. EVIDENCE A. Defendant's Evidence Defendant presents a declaration stating that she moved into the premises at issue in this matter in 2016. At the time she moved in, there was another tenant living on the property and Defendant's share of t...

Excerpt: ...presentation and denied as to the other claims. Cross‐defendants have 30 days' leave to amend. The Nimmers did not demur to any other claim. In the cross‐complaint, Cross‐Complainant Harreld D. and Pauline E. Webster (“Websters”) allege that in February 2019, the Websters and Cross‐Defendants Devin and Hollie Nimmers (“Nimmerses”) entered into a residential purchase agreement dated February 14, 2019, whereby the Nimmerses agreed t...

Excerpt: ... costs. Plaintiff demands a jury trial. Defendant moves for a determination that a jury trial is not permitted in a PAGA action. Plaintiff opposes. “Under California law, the right to a jury trial in a civil action may be afforded either by statute or by the California Constitution . . . .” Nationwide, supra, 9 Cal. 5th at 296‐97. There is no express statutory right to a jury trial in the PAGA Act. Instead, the language of the act makes cle...

Excerpt: ...he fourth cause of action for intentional infliction of emotional distress WITH LEAVE TO AMEND; and SUSTAINS the demurrer to the fifth cause of action for violation of the Unruh Act WITHOUT LEAVE TO AMEND. Plaintiff has 30 days to file an amended complaint. In the first amended complaint, Plaintiff ZN alleges the incident at issue in the lawsuit occurred when she was a second grade student at 116th Street Elementary, a school operated by Defendan...

Excerpt: ...ssories Inc. dba Luxe Linens, Dahlia Wexler, and Gary Wexler where Defendants agreed to pay Plaintiff a monthly rent of $11,717 for five years. Plaintiff alleges that it served a 3-day notice upon Defendants to pay rent owed in the amount of $61,028 or quit, and then the 3-day notice expired on 12/18/20. Plaintiff commenced this unlawful detainer action on 12/30/20. The complaint seeks recovery of past-due rent of $47,526.92, reasonable attorney ...

Excerpt: ... The requests for sanctions are denied. This is a breach of contract action. The First Amended Complaint alleges that Plaintiff, Prestige Development Corp., entered into a building construction contract with Defendants, Frank Harvey III and Krista S. Harvey, to build a car wash shell structure at Compton Car Studio Express Car Wash. The individual Harvey defendants and the Frank Harvey III and Krista S. Harvey Revocable Trust own the car wash. Pl...

Excerpt: ...ing, issue or evidentiary sanctions should Plaintiffs fail to comply fully with the court's October 20, 2020 order within 15 days of notice of this order. On October 20, 2020, the court granted Defendant Los Angeles County Metropolitan Transportation Authority's (“LACMTA”) motions to compel initial responses to the following written discovery: Special Interrogatories, Set One; Form Interrogatories, Sets One and Two; Requests for Production, S...

Excerpt: ...e court's order calls for the production of documents protected by the attorney client privilege or attorney work product doctrine, Defendant may withhold the document from the production and provide a privilege log. The parties are ordered to meet and confer regarding a stipulated protective order. Defendant is ordered to submit a proposed protective order within 7 days of the date of this order and to call the courtroom in Department A to infor...

Excerpt: ...iff Michael L. Whitfield, Sr. alleges that he was defamed by Defendants Aubrey Manuel, Donald Harris, Mable Harris, Norris Smith, Kathleen Powell, and Sam Stella. Plaintiff alleges that he was and is a member and pastor of the New True Faith Missionary Baptist Church. Defendants are alleged to have been officers or board members of the church. Plaintiff alleges that in the fall of 2017, Plaintiff discovered evidence of financial fraud that appear...

Excerpt: ...did not expressly request expungement of the lis pendens, the court declines to grant that relief at this time. A separate application must be made pursuant to Code of Civil Procedure section 405.30. I. ALLEGATIONS IN THE SECOND AMENDED COMPLAINT This action was filed in June 2017 against Defendant Bryon Lamont Halcromb only. The first amended complaint was filed February 22, 2019, and the summons issued in March 2019. The first amended complaint...

Excerpt: ...LING: The motion is granted. Plaintiff is ordered to provide a further verified response to Special Interrogatory number 5 in Set 1 within 15 days. This action arises out of the termination of Plaintiff's employment with Defendant Desert Pathology Medical Group, Inc., a subsidiary of Unilab Corporation dba Quest Diagnostics (Quest). Quest employed Plaintiff from 2005 to 10/30/18 as a general pathologist. (Compl. ¶¶11-13). Quest contends that Pl...

Excerpt: ...ession, on or about 1/15/2020, Defendant Johnny Peterson entered the premises and expelled Plaintiff by force. On or about 12/7/2020, Ms. Slater served defendants a written notice requiring and demanding that Mr. Peterson deliver the premises to Ms. Slater within 5 days after service of the notice. Mr. Peterson failed to deliver the premises. The complaint further alleges that the value of the property is $63.33 a day and that Plaintiff is enttil...

Excerpt: ...rm‐of‐years tenancy pursuant to a written agreement and agreed to pay rent in the amount of $6,500.00 per month on the first of the month. Plaintiff allegedly served Defendant a three‐day notice to cure or quit on 1/3/20, and that Defendant failed to comply with the requirements of the notice. Plaintiff requests damages at the fair rental value of $216.67 per day from 1/3/20 for each day that Defendant remains in possession through entry of...

Excerpt: ...al trauma investigation was performed, which involved both social services and the LAPD. From the medical records, Plaintiff deduces that the break occurred during the care given by nurses employed by Defendant St. Francis. Plaintiff alleges eight causes of action: (1) professional negligence; (2) lack of informed consent; (3) medical battery; (4) intentional misrepresentation; (5) concealment of material facts; (6) negligent misrepresentation; (...

Excerpt: ...laintiff orally agreed to purchase real property to be held solely in Defendants' names. Plaintiff and Defendant, Leslye Gonzalez (“Leslye”), agreed that while Plaintiff would not be on title to the property, Plaintiff would be an equal owner with Defendants. Defendant Leslye filed an unlawful detainer action against Plaintiff, which is currently pending. Plaintiff alleges the following causes of action: 1. Breach of contract 2. Specific Perf...

Excerpt: ...order calls for the production of documents protected by the attorney client privilege or attorney work product doctrine, Defendant may withhold the document from the production and provide a privilege log. The parties are ordered to meet and confer regarding a stipulated protective order. Defendant is ordered to submit a proposed protective order within 7 days of the date of this order and to call the courtroom in Department A to inform the cler...

Excerpt: ...y motions heard on or before the 15th day before the date initially set for trial. (CCP § 2024.020(a).) A continuance or postponement of the trial date does not operate to reopen discovery proceedings. (CCP § 2024.020(b).) On motion of a party, the court may reopen discovery after a new trial date has been set. (CCP § 2024.050(a).) Such motions must be accompanied by a meet and confer declaration. (Ibid.) The reopening of discovery is a matter...

Excerpt: ...tition to compel arbitration the trial court's first task is to determine whether the parties have in fact agreed to arbitrate the dispute. [Citation.] A party seeking to compel arbitration has the burden of proving the existence of a valid agreement to arbitrate. Once that burden is satisfied, the party opposing arbitration must prove by a preponderance of the evidence any defense to the petition. [Citation.] Although the FAA preempts any state ...

Excerpt: ...very responses or attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. (Code Civ. Proc. § 2025.450, subd. (h) (depositions); § 2030.290, subd. (c) (interrogatories); § 2031.300, subd. (c) (demands for production of documents).) “The trial court may order a terminating sanction for discovery abuse ‘after considering the totality of the circumstances: [the] conduct of the party to determine if...

Excerpt: ...ions, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that t...

Excerpt: ...he same as that arguable by general demurrer, namely, the failure to state a cause of action or defense. (Dobbins v. Hardister (1966) 242 Cal.App.2d 787, 791; See also Sofias v. Bank of America (1985) 172 Cal.App.3d 583, 586 [The non statutory motion for judgment on the pleadings can be made at any time, even during trial, since the grounds for a general demurrer are never waived.].) A motion for judgment on the pleadings performs the same functi...

Excerpt: ...ant D.B. Hannam Chain, Inc. (“D.B Hannam”) for negligence and premises liability relating to a slip and fall that occurred on October 2, 2017. Plaintiff alleges D.B. Hannam created and maintained an unreasonably dangerous condition at its business location because she slipped and fell on an uneven area of pavement. Plaintiff further alleges that D.B. Hannam owed her a duty of reasonable care, and this duty was breached because of the unreason...

Excerpt: ..., upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc., § 436, subd. (a)-(b); Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) Discussion Defendants move to strike punitive ...

Excerpt: ...r. ANALYSIS Legal Standard CCP section 2023.030 provides that, “[t]o the extent authorized by the chapter governing any particular discovery method . . . , the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose . . . [monetary, issue, evidence, or terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process . . . .” CCP section 2023.010 provides ...

Excerpt: ...'s Evidence: i. The following are overruled: 2, 3 ii. The following are sustained: 1 ANALYSIS 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 evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Code of Civil Procedure (�...

Excerpt: ...medical operation. On December 30, 2020, Plaintiff Karapet Uzunyan (“Plaintiff”) filed a complaint against Defendants Benjamin Song, M.D. (“Song”), Krikor Kalindjian (“Kalindijan”), and Hollywood Presbyterian Medical Center (“HPMC”), and Does 1-100 for professional negligence/medical malpractice. On February 3, 2021, Defendant HPMC filed the instant demurrer to the complaint and motion to strike. Thereafter, Plaintiff filed opposi...

Excerpt: ...r Monetary Sanctions is DENIED. ANALYSIS Legal Standard CCP section 2023.030 provides that, “[t]o the extent authorized by the chapter governing any particular discovery method . . . , the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose . . . [monetary, issue, evidence, or terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process . . . .” C...

Excerpt: ...riting as to an alternate convenient date and time. Plaintiff's request for monetary sanctions against Defendant and her counsel, jointly and severally, is GRANTED in the reduced amount of $460. Sanctions are payable within 30 days. Defendant Guillermina Hernandez's motion for a protective order is DENIED. ANALYSIS This action arises from an automobile collision that occurred on March 27, 2019. On July 22, 2020, Plaintiff Maria Sandoval filed a c...

Excerpt: ...e their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as...

Excerpt: ...tisfied: (A) A provision of law confers an unconditional right to intervene. (B) The person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties. (2) The court...

Excerpt: ... sustained without leave to amend. Moving Defendants' motion to strike is denied as moot. Legal Standard A. Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of the complaint, the court must assume the truth of (1) the properly pleaded factual allegations; (2) facts that can be reasonably inferred...

Excerpt: ...the chapter governing any particular discovery method . . . , the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose . . . [monetary, issue, evidence, or terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process . . . .” CCP section 2023.010 provides that “[m]issues of the discovery process include, but are not limited to, the following: . . ....

Excerpt: ...ED. ANALYSIS Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc. § 2030.290(b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly serv...

Excerpt: ...her counsel's information, if she obtained a new attorney. Legal Standard Motion to Compel Deposition with Production of Documents Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify, as well as to produce docum...

Excerpt: ...f determining whether an agreement can be reached through a filing of an amended pleading that would resolve the objections to be raised in the demurrer. (CCP §§ 430.41.) The Court finds that Demurring Defendants have filed code-compliant meet and confer declarations. (Taylor Decl., ¶¶ 4-6; CCP § 430.41(a)(3)(B).) Demurrer Defendant can demur within the same period of time it has to answer the complaint, i.e., 30 days after service, unless e...

Excerpt: ...ny of Los Angeles, LLC's Motion to Dismiss the Complaint of Plaintiff Claudia Martin is GRANTED. Defendant's request for monetary sanctions against Plaintiff Claudia Martin is DENIED. ANALYSIS Legal Standard CCP section 2023.030 provides that, “[t]o the extent authorized by the chapter governing any particular discovery method . . . , the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impo...

Excerpt: ...'s requests for sanctions are GRANTED. ANALYSIS: Legal Standard Compel RPDs Where there has been no timely response to a demand for the production of documents, the demanding party may seek an order compelling a response. (Code Civ. Proc. § 2031.300(b).) Failure to timely respond waives all objections, including privilege and work product. (Code Civ. Proc. § 2031.300(a).) Thus, unless the party to whom the demand was directed obtains relief fro...

Excerpt: ...orized by the chapter governing any particular discovery method . . . , the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose . . . [monetary, issue, evidence, or terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process . . . .” CCP section 2023.010 provides that “[m]issues of the discovery process include, but are not limited to, the follow...

Excerpt: ...d A court order is required to obtain a party's mental examination. (Code Civ. Proc. § 2032.310(a).) Such an order may be made only after notice and hearing, and for "good cause shown." (Code Civ. Proc., §§ 2032.310(c), 2032.320(a).) The motion must state the time, place, identity and specialty of the examiner, and the "manner, conditions, scope and nature of the examination." (Code Civ. Proc., § 2032.310(b).) “An order granting a physical ...

Excerpt: ...ion of Documents, Set One are GRANTED. Defendants' requests for sanctions are GRANTED. Legal Standard If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc. § 2030.290(b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers...

Excerpt: ...ingstone, Inc. (“Pacific”), and California Waterscapes Incorporated (“California Waterscapes”) negligently executed a left hand turn directly into the motor vehicle Plaintiff Zepeda was operating and in which Plaintiff Maradiaga was a passenger. On April 6, 2018, Plaintiffs filed a complaint against Defendants for motor vehicle and general negligence. On December 17, 2020, the Court granted the motions to compel Plaintiffs' depositions fi...

Excerpt: ...trict liability based on Civ Code § 3342, common law strict liability, negligence, and premises liability. The complaint also prays for recovery of punitive damages. Defendant moves to strike the allegations in support of recovery of punitive damages and the prayer for attorney's fees. Defendant argues Plaintiff did not allege specific facts to indicate Defendant caused the accident, controlled the dog, owned the dog, or even that she was presen...

Excerpt: ...n 5/10/14. The complaint alleges that Defendant, Herman Hunter, negligently operated his vehicle, causing a collision with Plaintiff's vehicle. Plaintiff alleges claims for negligence and motor vehicle negligence. On 1/2/18, Plaintiff filed an Amendment to Complaint substituting the Estate of Herman Hunter for Doe 1. Defendant argues that Plaintiff's complaint is barred by the 1‐year statute of limitations set forth at Probate Code § 551. Defe...

Excerpt: ...other damages, the complaint prays for imposition of punitive damages against the Doe defendant who allegedly attacked Plaintiff and against Defendant Home Depot U.S.A., Inc., the employer. To support a claim for punitive damages, Plaintiff must allege facts and circumstances showing conduct constituting malice, fraud or oppression. Grieves v. Superior Court (1984) 157 Cal. App. 3d 159, 166. The predicate acts to support a claim for punitive dama...

Excerpt: ... from a motor vehicle accident that allegedly occurred on 10/27/19. Plaintiffs allege that Defendant, Alfredo Gutierrez (“Gutierrez”), while operating his CHP motorcycle, struck and killed Plaintiffs' decedent, Cezannie Mount. Plaintiffs allege claims for wrongful death and negligence. Defendants argue that Gutierrez is a Defendant in the related criminal matter arising from the same traffic accident. Requiring him to respond to discovery or ...

Excerpt: ...efendant failed to maintain the premises and permitted a number of leaks throughout the premises. Plaintiff Gomez slipped and fell on liquid substance near the restrooms. Plaintiff alleges one cause of action for negligence. Plaintiff moves to amend the complaint to add a prayer for punitive damages against Defendant. Plaintiff asserts that Defendant knew of the extensive water leaks in the ceiling, but Defendant failed to remedy or repair the le...

Excerpt: ...nt Los Angeles County Metropolitan Transit Authority (“LACMTA”). LACMTA moves for summary judgment. Plaintiff does not oppose. EVIDENCE Plaintiff was a passenger on Metro bus No. 9239 on Line 851 on August 5, 2018. Plaintiff submitted a claim for damages to LACMTA, stating that as she tried to exit the bus, the driver closed the door on her, causing her to fall. In responses to RFAs, Plaintiff admits that at the time of the incident LACMTA bu...

Excerpt: ...nal distress and the sixth cause of action for imputed liability are SUSTAINED WITHOUT LEAVE TO AMEND as to Defendant Walnut Valley Unified School District ONLY. In the second amended complaint, Plaintiff Dylan Joyce alleges that he was a student at Diamond Bar High School in the Walnut Valley Unified School District when he was violently attacked by a fellow student, Vehi Pulu. Plaintiff further alleges that employees of Defendant Walnut Valley ...

Excerpt: ...d to it is proper. The court rejected the filing of the second amended complaint on 11/30/2020 because Plaintiff did not obtain leave of court permitting its filing. Defendant, however, treats the second amended complaint as if it had been properly filed and addresses its merits. For efficiency's sake, the court orders the clerk to file the second amended complaint and deems it filed as of 11/30/2020. This action arises from an incident that alle...

Excerpt: ...§ 2025.610.) This order is without prejudice to a motion for a protective order should Plaintiff's counsel obtain relevant, medically verified information regarding Plaintiff's capacity within the next 60 days. The motion for sanctions is DENIED. This action arises from an incident that occurred on 12/12/17. The complaint alleges that Plaintiff slipped on liquid while shopping and fell. Plaintiff alleges claims for negligence and premises liabil...

Excerpt: ...er. Plaintiff asserts causes of action for medical negligence and medical battery. Defendant demurs on the following grounds: (1) Plaintiff inappropriately and without leave of court amended her first cause of action for professional negligence after having been granted leave to amend to add a claim for medical battery; (2) Plaintiff's claim for medical battery is uncertain, fails to allege facts sufficient to constitute a cause of action, and is...

Excerpt: ...stopping to render aid and exchange information, Defendant Villatoro fled from the scene. Plaintiff purports to allege two causes of action, negligence and negligence per se. In the negligence claim, Plaintiff alleges, among other things, that Defendant negligently operated the vehicle, causing injury to Plaintiff. DISCUSSION In the second cause of action for negligence per se, Plaintiff alleges that Defendant violated “Vehicle Code section 200...

Excerpt: ...ides in relevant part: “When the plaintiff in an action or special proceeding resides out of the state . . . the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs . . . .” Subdivision (b) provides, in part: “The motion shall be made on the grounds that the plaintiff resides out of state . . . and there is a reasonable possibility that the mo...

Excerpt: ...�90210 SMC”) and was injured as a result of the professional negligence of Defendant 90210 SMC and its employees. The complaint further alleges that Defendant Cedars‐Sinai Medical Center (“Cedars”) had a controlling interest in 90210 SMC and that the nurse who performed the procedure at issue was an employee of both 90210 SMC and Cedars. Cedars moves for summary judgment, arguing that there is no evidence that Cedars was directly negligen...

Excerpt: ...h California Rules of Court Rule 3.1350(f). That rule requires the party opposing summary judgment to file a statement in 2‐column format that “states on the right side of the page, directly opposite the fact in dispute, the nature of the dispute and describe the evidence that supports the position that the fact is controverted. That evidence shall be supported by citation to exhibit, title, and page and line numbers in the evidence submitted...

Excerpt: ...attempting to escape from a vicious dog owned or kept by Defendants Erasmo Quijaas and Nicholas Quijaas. Plaintiff alleges that the dog had a history of past aggression and that Defendants were aware of the dog's vicious and dangerous propensities. Plaintiff further alleges that Defendants failed to restrain their dog from attacking others in the past; failed to adequately restrain the dog in this instance; and acted recklessly in exposing others...

Excerpt: ... that she slipped and fell at a grocery store owned and operated by Defendant Super Center Concepts, Inc., dba Superior Grocers, as a result of Defendant's negligence. Plaintiff asserts claims for general negligence and premises liability. Defendant moves for summary judgment. EVIDENCE A. DEFENDANT'S EVIDENCE 1. Excerpts from Plaintiff's Deposition Plaintiff testified that she entered Defendant's store at about 1:45 p.m. on October 20, 2017, walk...

Excerpt: ... owned or operated by Defendants Anoush Catering and LA Banquets, LLC. Plaintiff alleges that she slipped or tripped and fell on the steps leading up to the stage because of insufficient lighting in the area. Plaintiff contends that the inadequate lighting constituted a dangerous condition and that Defendants knew or should have known about it. Plaintiff asserts a premises liability claim. DISCUSSION Section 1030, subdivision (a) of the Code of C...

Excerpt: ...for strict products liability. Plaintiff alleges that he lost his balance and fell from the outer ledges of a dumpster that he climbed to empty trash. Plaintiff alleges Defendant's dumpster contained design and manufacturing defects. Defendant moves to strike Plaintiff's prayer for punitive damages. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Cal. Civ....

Excerpt: ...5 for a dangerous condition of public property. The City moves for summary judgment, contending the undisputed evidence establishes that the defect was trivial. EVIDENCE A. CITY OF LONG BEACH'S EVIDENCE IN SUPPORT OF THE MOTION 1. Excerpts from Plaintiff's Deposition Plaintiff testified as follows: The incident at issue in this lawsuit occurred on July 12, 2018 in front of a restaurant called Los Reyes Del Taco Sabroso at 2345 E. Anaheim St., Sui...