Excerpt: ... Plaintiff William Seneviratne, by and through his guardian ad litem, alleges he was injured when Defendant hit his father's vehicle as he was exiting the vehicle. Plaintiff, a thirteen‐year‐old boy alleges severe physical and mental injuries, including a traumatic brain injury. Plaintiff contends that he suffers from insomnia, impaired memory, dizziness and cognitive impairment and also contends that his injuries have impaired his future ear...

Excerpt: ...ier Lopez, through their guardian ad litem Laura Rocha, allege they were injured by Defendant Diana Arreola and her employer Defendant Mi Sueno Speech Therapy. Plaintiffs allege that Ezekiel was diagnosed with developmental delays and possible autism by physicians at the Pomona Regional Medical Center (“PRMC”). PRMC contracted with Mi Sueno Speech Therapy Inc. (“Mi Sueno”) to provide Ezekiel with speech therapy to improve his communicatio...

Excerpt: ...nt Elizabeth Ochoa. Plaintiff and Ochoa entered into a settlement agreement for Ochoa's $15,000 policy insurance policy limits. At the time of the settlement, Plaintiff had incurred approximately $118,708.50 in medical expenses. Ochoa applied for a good faith settlement determination pursuant to Code of Civil Procedure section 877.6. The non‐settling defendants contest the application, claiming that the settlement is far outside of the ballpark...

Excerpt: ...rst amended complaint within 20 days. In the first amended complaint, Plaintiffs Ethan Sharim and Farhad Sharim allege they were injured in a car accident as a result of the negligence of Defendant Petros Melkonyan. Plaintiffs assert claims for general negligence, motor vehicle negligence and negligent infliction of emotional distress. The claim for negligent infliction of emotional distress is asserted only on behalf of Ethan Sharim. The complai...

Excerpt: ... met their burden of establishing that ALL defendants reside outside of Los Angeles County. DISCUSSION In the complaint, Plaintiff Cinda Mickols alleges that she was injured by the alleged professional negligence of Defendants Dr. Mark Andrew Liker; Adventist Health Bakersfield; San Joaquin Community Hospital; Dr. Sudhir Shyam Joshi; Dr. Imad Abumeri; Dr. Mary Grace Magalong; Dr. Gary S. Rubiaco; Dr. Lorraine M. Ash; Dr. Jeffrey Chen; and Dr. Bar...

Excerpt: ...he was injured in a car collision caused by the negligence of Defendant Jennifer Brown, who is alleged to have been the driver of the car who Plaintiff's car. The complaint purports to state three causes of action: (1) negligence; (2) negligence per se; and (3) statutory liability under Vehicle Code sections 17150‐17159. Defendant demurs to the second and third causes of action. TIMELINESS OF DEMURRER Plaintiff argues that the demurrer is untim...

Excerpt: ...gence of Defendant Maria Mahgerefteh Samouha. He claims to have suffered personal injuries, damage to his vehicle, loss of use of his vehicle and lost wages, among other categories of damages. Defendant moves for summary judgment, claiming that the undisputed evidence establishes that Defendant was not negligent. In opposition, Plaintiff claims there are disputed issues of fact. EVIDENCE A. Defendant's Evidence 1. Excerpts from Deposition of Defe...

Excerpt: ...ms for negligence, strict liability pursuant to Civ Code § 3342, and negligent infliction of emotional distress. Plaintiffs Daniel Wagner and Noah Wagner, by and through their guardian ad litem Allen Wagner, move for a preferential trial setting. Daniel is 8 years old, and Noah is 12 years old. Both have a substantial interest in this litigation as a whole since Daniel was bitten, and Noah suffered emotional distress witnessing the attack. Defen...

Excerpt: ...al and motor vehicle negligence. Defendant, Karen Tang, argues that the Court should reconsider its order of 9/4/20 and revoke it on a number of grounds. The Court set the date for the hearing for 9/2/20, but Plaintiffs did not give notice to Defendant as ordered by the Court. Defendant had previously responded to all written discovery on 3/17/20. Defendant had previously prepared and served oppositions that were not filed with the Court due to p...

Excerpt: ...chard Theodore Guttman. Plaintiff seeks recovery for, among other things, past and future medical expenses, lost income and property damage. Defendants Little and Guttman have each filed a cross‐ complaint against the other for indemnity, apportionment of fault and declaratory relief. In this motion, Plaintiff seeks to quash the following subpoenas: 1. Two subpoenas directed to Mend Urgent Care in Sherman Oaks. The subpoenas seek the production...

Excerpt: ...ss‐complaint against Harris and DL Peterson Trust, for indemnity, apportionment of fault and declaratory relief. In this motion, Defendant seeks to quash a subpoena for the production of business records directed to California Casualty Insurance Company (“CCIC”). Several subpoenas are attached to Defendant's motion; the subpoena at issue in this motion appears to be the subpoena dated 7/28/2020, attached as Exhibit E to the motion. The subp...

Excerpt: ... claim. ALLEGATIONS OF THE COMPLAINT In the first amended complaint, Plaintiff Jessica Siano alleges that on October 29, 2016 she was violently attacked by Defendants' dog. Plaintiff alleges that prior to the subject attack, “each Defendant was and/or should have been aware that the dog had previously attacked and/or otherwise aggressively barked, growled, or otherwise threatened the public.” Plaintiff further alleges that each defendant “k...

Excerpt: ..., Aegean Stoneworks, Inc. The load allegedly exceeded the weight capacity limit for the truck. Defendant allegedly parked the truck on an uneven surface and failed to chock the wheels of the truck. Defendant directed Plaintiff to remove the straps after telling Plaintiff it was safe to do so. As Plaintiff cut the last strap, the stone slabs fell on Plaintiff. Plaintiff alleges claims for negligent hiring/supervision/retention, negligence, and neg...

Excerpt: ...the City of Industry (“City”) for public entity liability under Government Code sections 815.2, 815.4, 815.6 and dangerous condition of public property under Government Code sections 835, 840.2, 840.4. Plaintiff also asserts a claim for general negligence against non‐public entity Does. The City demurs on the ground that the action is time barred under the Government Claims Act. REQUEST FOR JUDICIAL NOTICE In ruling on a demurrer involving ...

Excerpt: ...cle collision that occurred on 12/17/2017. Plaintiff alleges he was a passenger in a LACMTA van driven by LACMTA employee Victor Joe Romero when the LACMTA van collided with a car being driven by Quin Hui Cham. Plaintiff sued Defendants LACMTA, Romero, Quin Hui Cham and Phuc Cham for negligence. LACMTA filed a cross‐ complaint against Quin Hui Cham and Phuc Cham for indemnity, contribution and declaratory relief. Quin Hui Cham settled with Plai...

Excerpt: ...Li Qing, Ruben Madrigal Aliantar, Alicia Nunez and Froylan Ocampo Nunez. Liu and Froylan Nunez each filed cross‐complaints against other defendants. Plaintiff served a statement of damages, claiming $275,000 in economic damages and $500,000 in non‐ economic damages, for a total damage claim of $775,000. The alleged economic damages consist of past and future medical expenses and past and future lost wages. Plaintiff entered into a settlement ...

Excerpt: ...The attack occurred on or near property owned, operated or managed by defendants. Prior to the attack, defendants knew that the dog was dangerous and vicious. Defendants negligently failed to control their dog, which in the exercise of due care they could have done. Plaintiff alleges that defendants caused the dog to be unattended and unrestrained on the premises. The dog had previously attacked at least two other people and had been deemed “vi...

Excerpt: ... Judy Wizel's cross‐complaint 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...

Excerpt: ...and on March 27, 2020, amended the complaint to substitute Los Angeles Unified School District as Doe 1. LAUSD demurrers on the ground that Plaintiff failed to comply with the claims presentation requirement and on the ground that Plaintiff was not genuinely ignorant of LAUSD's identity at the commencement of the litigation. Plaintiff, in turn, has filed a petition, pursuant to Government Code section 946.6, to be relieved from the claims filing ...

Excerpt: ...tone Blvd. in the City of South Gate. The incident occurred on April 7, 2019. Plaintiff asserts a claim for dangerous condition of public property against the City of South Gate and other defendants. Pursuant to Government Code section 911.2, subd. (a), Plaintiff was required to present a written claim for damages to the City of South Gate within six months of accrual of Plaintiff's cause of action, or by October 7, 2019. Plaintiff, through her c...

Excerpt: ...s negligently provided adequate security. Plaintiff alleges claims for negligence, battery, and negligent hiring. Defendant Trustee demurs to the second cause of action for battery and the third cause of action for negligent hiring. Defendant argues that the FAC does not allege actionable conduct against the Trust for the alleged battery or for the alleged negligent hiring of an employee of the pub. Defendant also moves to strike the punitive dam...

Excerpt: ...provided by Defendant Bird Rides, Inc. (“Bird”) due to the negligence of Bird and Defendant City of Santa Monica (“Doe 1”). Plaintiff asserts claims for negligence, gross negligence and declaratory relief. Bird moves to compel arbitration. Bird presents evidence that when new users sign up to access the Bird platform through the Bird app, new users receive, review and accept the terms of a Bird Rental Agreement, Waiver of Liability and Re...

Excerpt: ...his 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. Defendant's Demurrer to Plaintiff's Complaint Pursuant to Code of Civil Procedure Section 430.10, subd. (e) is OVERRULED as moot. In the complaint, Plaintiffs allege they were injured in a motor vehicle collision caused by Defendant Madelin Salazar. In the e...

Excerpt: ...ccordance with newly enacted section 2025.310 of the Code of Civil Procedure (effective September 18, 2020). In this action, Plaintiff Lisa Stern alleges she was seriously injured when she fell into a deep hole on premises owned or controlled by Defendants Douglas Emmett 2014 LLC, and ABM Industries Inc. Plaintiff asserts claims for premises liability and negligence. In this motion Plaintiff seeks to compel the further deposition of ABM's “pers...

Excerpt: ...lleged driver of the car), and Sara Rios (the alleged owner of the car). Defendant Uber Technologies, Inc., move to compel arbitration. No party has opposed. Uber presents evidence that Plaintiff registered to use the Uber App as a rider over the internet. He received and accepted Uber's updated terms and conditions in 2017. The terms and conditions included an arbitration provision that states, in part: “By agreeing to the Terms, you agree tha...

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...

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: ... 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: ...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...

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...