Excerpt: ... M.D. moves for summary adjudication of Plaintiff Elinor Massachi's (“Plaintiff”) second cause of action for battery. A cause of action for medical battery requires the following elements: (1) defendant performed a medical procedure without plaintiff's consent; (2) plaintiff was harmed; and (3) defendant's conduct was a substantial factor in causing plaintiff's harm. (CACI 530A.) “Our high court has made it clear that battery and lack of in...

Excerpt: ...e location of the dangerous condition as 797 South Fair Oak, Pasadena CA. The Court takes judicial notice of the claim form in ruling on the demurrer. Gong v. City of Rosemead (2014) 226 Cal. App. 4th 363, 376 “Government Code section 945.4 provides that ‘no suit for money or damages may be brought against a public entity on a cause of action for which a claim is required to be presented in accordance with ... Section 910 ... until a written ...

Excerpt: ...parate trial on the issue of the validity of the release under section 597, 598 and 1048 of the Code of Civil Procedure. Code of Civil Procedure section 597 provides in relevant part: “When the answer pleads that the action is barred . . . [by a] defense not involving the merits of the plaintiff's cause of action but constituting a bar or ground of abatement to the prosecution thereof, the court may, either upon its own motion or upon the motio...

Excerpt: ...b Demonstration Services, Inc. (“CDS”) (collectively, “Defendants”), general negligence and premises liability. Defendants move for summary judgment, contending that the undisputed evidence establishes that Defendants exercised reasonable care and that Plaintiff does not have and cannot reasonably obtain evidence sufficient to establish one or more elements of her claim. Plaintiff has not opposed the motion. A store owner can be held liab...

Excerpt: ... of the first amended complaint. The Court DENIES the motion as to “any other references to intentional conduct”; there is nothing improper about alleging intentional conduct. The Court also DENIES the motion to the extent it seeks an order striking “any other references to punitive damages and/or exemplary damages” as too vague. Defendant must identify with particularity the specific portions of the pleading that he seeks to strike. Leav...

Excerpt: ...nt was not given the 5-day extended notice for service by mail. Cal Code Civil Procedure § 1005(b). However, Defendant has not shown any prejudice resulting from the defective notice. Under certain circumstances, a party may be deemed to have waived any irregularity in the notice by appearing at the hearing, opposing the motion, not asking for a continuance and not demonstrating any prejudice resulting from the shortened notice.Carlton v. Quint ...

Excerpt: ... consisted of a vertical offset between two sidewalk slabs of about an inch. Plaintiff asserts a single claim under Governement 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 Clare...

Excerpt: ...). Plaintiff's sister, Flora Meza, was in the midst of buying the property from Defendant. Ms. Meza allegedly made an appointment for her and her sisters to view the property, but the agent (Defendant Maria Richardson Madrigal) could not make the appointment. She allegedly told Ms. Meza that the women could view the interior of the property by looking through the windows. Plaintiff tried to look through the window from atop a short, wooden “sta...

Excerpt: ... undergone two defense examinations, one with a medical doctor specializing in orthopedics and one with a licensed chiropractor who purported to administer an “objective eye test” to evaluate traumatic brain injury, the results of which were then evaluated by a biomedical engineer. To obtain a further examination, Plaintiff must demonstrate good cause. Shapira v. Superior Court (1990) 224 Cal. App. 3d 1249, 1255. Defendant states that there i...

Excerpt: ...ipped on was an unknown liquid that was clear with beige colored particles resembling grated parmesan cheese. Plaintiff claims that the liquid was copious enough to soak through the fabric on Plaintiff's pants and onto her skin. Plaintiff asserts two causes of action against Bristol Farms: general negligence and premises liability. Bristol Farms moves for summary judgment, claiming that the undisputed evidence establishes that Bristol Farms did n...

Excerpt: ... doctor specializing in orthopedics and one with a licensed chiropractor who purported to administer an “objective eye test” to evaluate traumatic brain injury, the results of which were then evaluated by a biomedical engineer. To obtain a further examination, Plaintiff must demonstrate good cause. Shapira v. Superior Court (1990) 224 Cal. App. 3d 1249, 1255. Defendant states that there is good cause for the mental examination because “Plai...

Excerpt: ...ernatively, the Court exercises its discretion under section 2034.610 to allow Defendant to augment the original designation. Defendant is ordered to make the newly designated experts available for deposition prior to the expert discovery cut off date. In this action, Plaintiff alleges she was injured when she slipped and fell at Defendant's supermarket. Defendant seeks to supplement or augment its designation of expert witnesses. PROCEDURAL HIST...

Excerpt: ... Mr. Hill has 30 days to amend. The motion is denied as moot as to Defendant Kaiser Foundation Health Plan, Inc. because that defendant has been dismissed. A motion for judgment on the pleadings may be made on grounds the complaint does not state facts sufficient to constitute a cause of action. Cal Code Civ Procedure § 438(c)(1)(B). Grounds for the motion must appear on the face of the pleading or from matters subject to judicial notice. Id. Th...

Excerpt: ...ehicle allegedly owned by Defendant Hertz Vehicles LLC. Plaintiff alleges that Defendant Hertz Vehicles LLC ("Defendant") negligently “maintained and entrusted” the vehicle “so as to cause a traffic collision” with Plaintiff's vehicle. Compl. ¶ 10. Plaintiff seeks to hold Defendant vicariously liable as the owner of the vehicle and liable for Defendant's own alleged negligence in maintaining and entrusting the vehicle. Plaintiff asserts ...

Excerpt: ...tly maintained the premises such that it was insufficient to properly secure the dog.” Complaint, ¶ 8. Plaintiff asserts claims of general negligence, negligent infliction of emotional distress and strict liability against all defendants. Defendant Jomafa has moved for summary judgment. Plaintiff has filed a notice of non‐opposition, and no other party has opposed the motion. As to the negligence and negligent infliction of emotional distres...

Excerpt: ...sult of as the result of an unpainted depression in the sidewalk and curb leading to the parking lot. Plaintiff alleges that an unpainted handicap cut out ramp in the middle of the sidewalk created a large gap that caused her to fall. Plaintiff alleges, among other things, that Defendant failed to maintain the sidewalk in a safe condition, failed to properly inspect the parking lot and sidewalk, failed to add appropriate signage or warnings to pa...

Excerpt: ...he ends of justice would be promoted by the change.” Code Civ. Proc. § 397(a) & (c). In an action for personal injury or wrongful death, venue is proper “in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action.” Code Civ. Proc. § 395. Venue is determined at the outset of the action, based on the allegations in the original ...

Excerpt: ...or opposition and reply are governed by Cal Code Civil Procedure § 1005(b) and will be based on the new hearing date. 1) Defendant contends that the motion for reconsideration is untimely. A party affected by a prior court order may bring a motion for reconsideration within 10 days after service of written notice of the order, provided that the moving party can show new or different facts, circumstances or law that would warrant reconsideration ...

Excerpt: ...course and scope of his employment with Defendant Two Star Trucking at the time of the accident. The complaint alleges that the collision occurred on August 15, 2016. Plaintiff now seeks to amend his complaint to add an additional plaintiff, Destinee Brown, as a plaintiff to the action. Ms. Brown was allegedly in the car with Mr. Lopez and allegedly suffered injuries as a result of the collision. Defendants oppose the motion on the ground that Ms...

Excerpt: ...ve within the meaning of Civil Code 3294 and subjects them to an award of punitive and/or exemplary damages”; land Page 8, ¶ 7, line 5: “For punitive and/or exemplary damages according to proof.” In the complaint, Plaintiff Adelmo Francisco alleges that he slipped and fell at Defendant's theater as a result of the Defendant's negligence. Plaintiffs alleged that upon entering the theater and approaching their assigned seats, they became awa...

Excerpt: ...cal Institute, Inc. (“Rexford”). Plaintiff was referred to Dr. Waldrep by Defendant Shapour Daniel Golshani, M.D. Plaintiff asserts claims for negligence against Waldrep, Golshani, and Rexford and claims for battery against Waldrep and Rexford. Defendants Golshani and Rexford move for summary judgment, claiming that the undisputed evidence establishes that their treatment complied with the applicable standard of care and that no negligent act...

Excerpt: ...ant 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 moving defendant ...

Excerpt: ...ge. Dr. Yadegar moves for summary judgment, claiming that the undisputed evidence establishes that his treatment complied with the applicable standard of care and that no negligent act or omission by Dr. Yadegar caused or contributed to Plaintiff's injuries. Plaintiff opposes the motion. To make out a claim for professional negligence, a plaintiff must establish the following elements: “'(1) the duty of the professional to use such skill, prude...

Excerpt: ...y made, and the granting of the motion will not prejudice the opposing party, it is error for the court to grant permission to amend. Morgan v. Superior Court of Los Angeles (1959) 172 Cal. App. 2d 527, 530. In addition, the Court does not ordinarily “consider the validity of the proposed amended pleading in deciding whether to grant leave to amend.” Kittredge Sports Co. v. Superior Court (1989) 213 Cal. App. 3d 1045, 1048. “Grounds for dem...

Excerpt: ...s”). Lisa Goodrich was a passenger in the car at the time of the accident. Padilla and R&L Carriers have filed a cross‐complaint against Lisa Goodrich and Erik Goodrich, the driver of the car, alleging that the accident was caused by Erik Goodrich's negligence and Lisa Goodrich's negligent entrustment of her vehicle. The cross‐complainants also allege claims for express contractual indemnity, equitable indemnity, and contribution against Er...

Excerpt: ...na negligently maintained the premises, allowing for the creation or existence of a dangerous condition. Specifically, Plaintiff alleges that Defendant knew or should have known, in the exercise of reasonable care, that “pushing shopping carts where customers were walking created an unreasonable risk of harm”; that Defendant “failed to block/cordon off or protect the area where shopping carts were being used”; and otherwise failed to exer...

Excerpt: ...ed to meet and confer regarding the precise tests to be administered and the date for the examination. A party may obtain discovery by means of a mental examination of another party in any action in which the mental condition of the party is “in controversy” in the action CCP 2032.020. A party must obtain leave of court for a mental examination, which the Court must grant for good cause shown. CCP 2032.310; 2032.320. “A mental examination c...

Excerpt: ...in Hirsh (“Defendant”). He asserts claims for negligence and negligence per se and seeks punitive damages pursuant to Civil Code section 3294. The allegations in support of the punitive damages claim are as follows: Defendant was driving well above the speed limit of 65 miles per hour while heavily intoxicated. He unsuccessfully attempted to cut across multiple lanes of traffic in order not to miss his freeway exit. He lost control of the veh...

Excerpt: ...fendant Wendy Jane Folia. Plaintiff contends that at the time of the accident Folia was engaged in picking up a passenger through the Lyft application and platform. On June 18, 2019, Plaintiff amended the complaint to add Lyft as a defendant, contending, among other things, that Lyft is liable under a respondeat superior theory. On August 26, 2019, counsel for Plaintiff signed a “Confidential Stipulation” on behalf of “Plaintiff.” The two...

Excerpt: ...ured as a result of Defendants' negligence and claims damages for future and past medical expenses associated with treatment for his neck, right shoulder, right arm, lower back and past and future pain and suffering. Plaintiff is not making a claim for loss of income or earning capacity. On October 28, 2019, Defendants issued subpoenas to Suez North America and Rabano c/o Meiyen Chong, Plaintiff's current and former employers, respectively, seeki...

Excerpt: ...me Best Buy Stores, L.P as a defendant and there are currently no claims pending against that party. In the first amended complaint in this action, Plaintiff alleges he was robbed and battered in the parking lot of a Best Buy store in Burbank, California. Plaintiff asserts claims against Defendants Burbank Empire Center, LLC; Tiarna Real Estate Services, Inc.; and Allied Universal. Burbank Empire has moved for summary judgment. Defendant Burbank ...

Excerpt: ...or to the accident and claims to have missed approximately 12 to 16 days of work due to the incident over the last three years. Plaintiff alleged claims against the following defendants: TWT, Inc.; OUE Skyspace, LLC; Legends Hospitality, LLC; Legends Attractions, LLC and Beringia Central LLC. Defendants Legends Hospitality LLC and Legends Attractions LLC filed a cross‐complaint against Oue Skyspace LLC, Beringia Central LLC and TWT Inc. The cro...

Excerpt: ...near the produce section. Plaintiff contends that the baby oil on the floor constituted a dangerous condition that Defendant negligently failed to prevent. Defendant has moved for summary judgment, claiming that the undisputed evidence establishes, as a matter of law that Defendant did not have actual or constructive notice of the dangerous condition. To establish premises liability, a plaintiff must prove that the defendant knew, or through the ...

Excerpt: ...efendant's alleged negligence. A settlement for Ms. Carvajal‐Bolanos' policy limits of $15,000 was reached on behalf of the minor, and, on 9/26/2017, the Court approved the settlement upon an expedited petition to approve a compromise of disputed claim of a minor. The funds were ultimately deposited into a blocked account. On 3/28/2018, the case was dismissed. Ms. Farrell subsequently proceeded with an underinsured motorist arbitration and obta...

Excerpt: ... not result in prejudice to the opposing party, it is error to refuse permission to amend. Morgan v. Superior Court of Los Angeles County (1959) 172 Cal. App. 2d 527, 530. It is an abuse of discretion to refuse permission to amend where the refusal results in a party being deprived of the right to assert a meritorious defense. Id. Plaintiff has not established that Defendant's motion is untimely or that Defendant lacked diligence in making the mo...

Excerpt: ... that on or about July 23, 2016, she was in her room at Alhambra Behavioral Hospital when she was allegedly injured by the negligence and intentional tort of Defendant Doe 1. Plaintiff alleges that Doe 1 violently opened the heavy door to her room and knocked Plaintiff to the floor, seriously injuring her. Plaintiff alleges that Doe 1 was an employee or agent of Defendants Universal Health Services Inc. (“Universal”) and BHC Alhambra Hospital...

Excerpt: ...that she was injured while engaging in rock climbing activities at Defendant Boulderdash's Indoor Rock Climbing facility. She alleges that her injuries resulted from Defendant's gross negligence and recklessness in maintaining, owning and managing the facility, and asserts claims for negligence and premises liability. Defendant has moved for summary judgment, contending that the claims are barred by the primary assumption of the risk doctrine and...

Excerpt: ... 2017 at Mercy Hospital in Bakersfield from sepsis secondary to a bowel leak. Decedent had been a patient at defendant HMH from September 8, 2017 through September 10, 2017, during which time decedent underwent a duodenal switch procedure. The Complaint alleges that decedent was prematurely discharged and that complications from the surgery were negligently overlooked, and that the negligence of HMH and its agents were substantial factors in caus...

Excerpt: ...e supervision. Plaintiff also alleges that the slide was negligently maintained, creating a dangerous condition that led to Plaintiff's injuries. Plaintiff has asserted claims for general negligence and premises liability against Defendant Compton Unified School District, a public entity. Defendant has demurred. Plaintiff claims that demurrer is improper because Defendant failed to comply with Code of Civil Procedure section 430.41(a). Plaintiff'...

Excerpt: ...tuted in as Doe 1) has been dismissed). Defendants have moved for summary judgment, contending that the undisputed evidence establishes that neither defendant was negligent as a matter of law and that no negligent act or omission by either defendant was a substantial factor in causing Plaintiff's injuries. Plaintiff has not opposed the motion. I. EVIDENCE Defendants have presented evidence of the following facts. This action arises from a vehicle...

Excerpt: ...ra Behavioral Hospital when she was allegedly injured by the negligence and intentional tort of Defendant Doe 1. Plaintiff alleges that Doe 1 was an employee or agent of Defendants Universal Health Services Inc. and BHC Alhambra Hospital Inc. and that he was acting in the course and scope of his employment at the time of the incident. Plaintiff also alleges that Defendants Universal Health Services Inc. and BHC Alhambra Hospital Inc. are liable o...

Excerpt: ...obtains a verdict in its favor on the issue of liability, there will be no need to determine damages. That is true of every personal injury case, but this does not require bifurcation of every personal injury case. The facts of a particular case must justify bifurcation. Foreman & Clark Corp. v. Fallon (1971) 3 Cal. 3d 875, 888, fn. 8. Here, the Court concludes that judicial economy and efficiency will be best served by having all the issues dete...

Excerpt: ...il action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. *** (e) Notwithstanding any other provision of law, the court may in its discretion grant a mot...

Excerpt: ...aintiff and Christopher Craig Mosier appeared for Defendants. The Clerk gave notice of the Court's ruling to Plaintiff and Defendants via mail on January 23, 2019. Plaintiff Isidoro Aguilar (“Plaintiff”) moves for an order setting aside the dismissal. As a preliminary matter, Plaintiff's notice of motion erroneously states the Court, on its own motion, dismissed this action on March 21, 2019. As set forth above, the Court dismissed Plaintiff'...

Excerpt: ...ctions were made; (3) appointing a discovery referee; and (4) imposing sanctions against Defendant and his counsel in the amount of $3,260.00. C.C.P. §2025.480 provides, in pertinent part, as follows: (a) If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking disc...

Excerpt: ...ment, contending that the defect is trivial as a matter of law. I. WHETHER THIS MOTION IS PERMITTED BECAUSE OF A CHANGE IN THE LAW The Court previously denied summary judgment, or in the alternative, summary adjudication on the issue presented in this motion. Section 437(f)(2) of the Code of Civil Procedure provides in relevant part: “[A] party shall not move for summary judgment based on issues asserted in a prior motion for summary adjudicati...

Excerpt: ...to sustain injuries. The complaint further alleges that at the time of the accident Mr. Lopez Velasquez was acting in the course and scope of his employment with Defendant the City of Hawaiian Gardens. The complaint alleges a cause of action for negligence against Defendants City of Hawaiian Gardens and Mr. Lopez Velasquez (collectively, “City Defendants). The City Defendants have moved for summary adjudication of several issues. As an initial ...

Excerpt: ...LLC (erroneously sued as “LA Fitness”) when a punching bag he was working with detached from the wall and fell on Plaintiff, causing Plaintiff to suffer injuries. Plaintiff alleges that Defendant failed to maintain, inspect, secure and tighten the screw that was used to secure the punching bag, which caused a dangerous condition for patrons and guests using the punching bag. Plaintiff further alleges that Defendant had actual or constructive ...

Excerpt: ...ffs' complaint on 8/15/2019. The hearing was held on 9/16/2019. Plaintiffs did not file a written opposition but counsel for Plaintiffs appeared and was heard at the hearing. Judge Georgina Rizk sustained the demurrer without leave to amend. Judge Rizk's order stated that it was Plaintiffs' burden to demonstrate how the defects in the complaint could be cured. Judge Rizk concluded that because Plaintiffs had not filed a written opposition to the ...

Excerpt: ...endants' negligence. Plaintiff claims injuries to his head, neck, back, bilateral arms, and hips. He claims neck pain, headaches, tingling in the arms, back pain, sciatic pain, cervical sprain/ strain, bilateral arm tingling, lumbar sprain / strain, hip pain/ strain and anxiety. Plaintiff is not making a loss of earnings claim. On October 23, 2019, Defendants issued a deposition subpoena to Lyft, Inc., Plaintiff's employer, seeking “any and all...

Excerpt: ...Civ. Proc. § 437c(p)(2) In April 2017, Plaintiff David White underwent surgery for cervical disc issues. The first amended complaint alleges that Plaintiff was injured as a result of medical negligence during that procedure. Among the defendants is Providence, the health care facility where Mr. White had the surgery. Providence moves for summary judgment, claiming that the undisputed evidence establishes that the treatment provided by Providence...

Excerpt: ...otice of Deposition and issued a subpoena to Niveen Abdelmessi, M.D., requiring his appearance at a deposition on 11/19/19 and to produce “any and all records” pertaining to Plaintiff, Amanda Dolores Cameron, without limitation in scope or time. The subpoena appears moot since Defendant advised that the deposition would not proceed and the subpoena as sent was withdrawn. Defendant agreed to limit the subpoena to the body parts Plaintiff speci...

Excerpt: ...off the edge of the stage, sustaining permanent injuries. She alleges a single cause of action for premises liability against Defendants City of La Mirada and La Mirada Theatre for the Performing Arts, based on three separate theories: negligence, willful failure to warn, and dangerous condition of public property. Ms. Nielsen's husband, Plaintiff Clifford Wesley Nielsen asserts a claim for loss of consortium. The City of La Mirada demurs on thre...

Excerpt: ...control their two large dogs. The dogs attacked and killed Plaintiff's dog, which allegedly caused Plaintiff to suffer personal injury. Plaintiff further alleges that the Melgarejos negligently failed to warn of the presence of vicious dogs. Plaintiff asserts four causes of action against the Melgarejos: (1) negligence; (2) intentional infliction of emotional distress; (3) premises liability; and (4) strict liability. Plaintiff's prayer seeks com...

Excerpt: ...10 upon a showing of good cause. Cal Code Civil Procedure § 2032.320(a). Defendant is not limited to one examination. Multiple examinations are permitted on a showing of good cause. Shapira v. Superior Court (1990) 224 Cal.App.3d 1249, 1255. Defendant has shown good cause to require Plaintiff to submit to a second examination with Dr. Rose, a specialist in orthopedic injuries. “Good cause” is established where there are specific facts justif...

Excerpt: ... dangerous condition of public property; (2) negligence based on the operation of the bus; and (3) violation of statutes governing common carriers. The second cause of action alleges two theories of liability against LACMTA: (a) vicarious liability based on the negligence by the bus driver and/ or other operators of the bus; and (b) negligent hiring, training, screening, supervision, and/or monitoring of the bus driver. In the present motion, LAC...

Excerpt: .... During the procedure his colon was perforated, which required emergency surgical intervention to repair and a lengthy hospitalization. Plaintiff further alleges that he subsequently developed supraventricular tachycardia. Plaintiff asserts a single cause of action for negligence, claiming that Defendant Wu's treatment fell below the standard of care. Dr. Wu has moved for summary judgment, claiming that the undisputed evidence establishes his tr...

Excerpt: ...otions to compel responses to Defendant's supplemental interrogatories and supplemental demand for production of documents, set one and defendant's special interrogatories and demand for production, set two. The motions were heard and granted. Plaintiff was ordered to serve her verified responses, without objection, within 30 days. The due date was October 3, 2019. The Court subsequently granted Plaintiff an additional extension to October 17, 20...

Excerpt: ...tiff. They further allege that Defendant Brett Joseph Dimario and Does 1‐25 were the operators of the motor vehicle; that Does 1‐25 employed Dimario and Does 1‐25, and that Dimario and Does 1‐25 were acting in the course and scope of employment; that Does 1‐25 owned the motor vehicle that was operated by Demario and Does 1‐25 with permission; that Does 1‐25 negligently entrusted the motor vehicle to Dimario and Does 1‐25; and that...

Excerpt: ...ve of the bathtub, which leaked and caused water to pool on the floor, and that this failure to maintain the bathtub caused her injury. Plaintiff further alleges that Defendants failed to warn of this condition. Based on these facts, Plaintiff asserts two causes of action, premises liability and general negligence. Defendant has demurred to each of these claims, stating (1) the complaint is barred by a delay in prosecution under Code of Civil Pro...

Excerpt: ...s follows: Ms. Herberg had a habit and custom of drinking alcohol to excess and was well aware of the dangerousness of driving while intoxicated. Approximately an hour before the collision, Ms. Herberg began to consume a large quantity of alcohol with the knowledge and intention that she would be operating a motor vehicle shortly thereafter. She knew that she would be intoxicated as a result of her alcohol consumption. Knowing full well that she ...

Excerpt: ...ately caused Plaintiff to suffer partial loss of her toes. Plaintiff alleges causes of action for negligence and medical malpractice against Dr. Kashanian and her employer, Defendnat Precision Foot and Ankle Centers. Defendants move for summary judgment, claiming that the undisputed evidence establishes that the treatment complied with the applicable standard of care and that no negligent act or omission by Defendants caused or contributed to Pla...

Excerpt: ...n John Rossi, M.D.; Paul Pao‐Chien Lai, D.O.; and Joseph Glenn Winship, M.D. for medical malpractice for allegedly failing to diagnose cancer in a timely manner. Southern California Permanente Medical Group (“Permanente”) has filed a Petition to Compel Arbitration, contending that the claims are subject to binding arbitration pursuant to the provisions of a 2017 Group Agreement and Evidence of Coverage between Kaiser Foundation Health Plan,...

Excerpt: ...kitchen to the basement and was injured. Plaintiff alleges two causes of action for negligence and premises liability. Defendant Rebecca Woolf was the owner of the house. She moves for summary judgment. EVIDENCE On February 12, 2017, Plaintiff, her husband and two daughters were being shown a home for sale in Crescent Heights by Plaintiff's real estate agent, Defendant Randy Wright. The property had been owned by Rebecca Woolf since July 2012. Pl...

Excerpt: ...'s job as Chief Compliance Officer requires him to travel to other MMWK worksites quarterly, but Frye spends the majority of his time working out of the home office in Plano, Texas. MMWK's Director of Human Resources estimates that Mr. Frye spends 98 to 99 percent of his employment time working out of the Plano office. Plaintiff was injured when Mr. Frye hit Plaintiff on his bicycle with the rented vehicle Mr. Frye was driving in Woodland Hills, ...

Excerpt: ... under Civil Code section 3294, a plaintiff must allege specific facts showing that the defendant has been guilty of malice, oppression or fraud. Smith v. Superior Court (1992) 10 Cal. App. 4th 1033, 1042. The basis for punitive damages must be pled with specificity; conclusory allegations devoid of any factual assertions are insufficient. Id. “Malice” is defined in section 3294(c)(1) in relevant part as “despicable conduct which is carried...

Excerpt: ...rgency room at PIH Health Hospital in Downey on 9/13/18 for complaints of pain to his right foot due to a fall from a ladder. UF 1. X-rays revealed no abnormalities to the right foot and ankle. UF. Defendant. Shirley S. Tung, was the attending emergency room physician who agreed with the assessment and care plan for Plaintiff, confirming diagnosis of a foot sprain. UF 3-4. Plaintiff was discharged from the emergency room on 9/14/18. Defendant's e...

Excerpt: ...ay have. I. TIMELINESS OF OPPOSITION Plaintiff contends that the opposition is untimely because Defendant did not serve the opposition in a manner that would reach Plaintiff by the end of the next business day as required by Code of Civil Procedure section 1005(c). Plaintiff contends she received the opposition on 11/1/19, instead of 10/29/19. Reply 2:6‐7. Plaintiff asks the Court to disregard the opposition. The Court exercises its discretion ...

Excerpt: ...d before a summary judgment is made, and a party objects to a declaration from an undisclosed expert, the admissibility of the expert's opinion can and must be determined before the summary judgment motion is resolved.”) THE COURT HAS NOT REACHED A TENTATIVE DECISION AS TO THE RESULT IN THE EVENT THE OBJECTION TO THE AVRIT DECLARATION IS SUSTAINED. I. EVIDENCE This action arises from a slip and fall that occurred at Defendant's supermarket. An ...

Excerpt: ...ment Code section 830 and 835. Defendant has moved for summary judgment on that claim. I. EVIDENCE On the evening of March 12, 2017, Plaintiff was walking along a street in Beverly Hills when her shoe got caught in a crack in the pavement, causing her ankle to twist and then break, and causing Plaintiff to fall. Photographic evidence shows that the incident occurred in a construction zone where the sidewalks had been blocked and a pedestrian acce...

Excerpt: ...t was required to file the demurrer by 8/29/19. It was filed on 9/27/19. The court has discretion to consider an untimely filed demurrer in the furtherance of justice so long as the defect does not affect the substantial rights of the parties. McAllister v. County of Monterey (2007) 147 Cal.App.4th 253, 282. Defendant could have filed a non‐statutory motion for judgment on the pleading and raised the statute of limitations issue. Such motions c...

Excerpt: ...aintiff is DENIED. Summary judgment against Defendant and Cross‐Complainant Rental Car Finance Corporation is also DENIED. This ruling does not preclude Ean Holdings from bringing a subsequent motion for summary judgment. In this action, Plaintiff alleges that he was injured in a collision that occurred on August 9, 2017. One of the vehicles involved had been rented to non‐party Damian Aaron Armstrong by Enterprise Rent‐a‐Car. Armstrong w...

Excerpt: ...cts sufficient to constitute a cause of action. [The court notes that MV Transportation filed a Notice of Settlement on August 8, 2019, and MV Transportation took its demurrer and motion to strike off calendar through the court reservation system. Therefore, this court will only address City's demurrer.] The Second Amended Complaint (“SAC”) alleges that on December 10, 2017, Defendants negligently entrusted, managed, maintained, drove, operat...

Excerpt: ...oss-Defendants' request for judicial notice is GRANTED as to the existence of the documents, but not as to any hearsay statements contained therein. (Cal. Ev. Code §452.) Cross-Defendants move for a stay of these proceedings pursuant to CCP §1281.4. Cross-Defendants argue that section 1281.4 requires the trial court to stay any proceedings in which any issue or controversy within the litigation has been ordered to arbitration, and that a stay i...

Excerpt: ...ntract was filed by Plaintiff OSCAR BARRAGAN on March 8, 2019. Plaintiff alleges that he “was the insured pursuant to a written policy of insurance covering a vehicle owned by plaintiff…issued by defendant Geico Indemnity Company.” (Complaint ¶3.) Plaintiff further alleges that in October 2017, the vehicle covered under the subject policy was damaged in an automobile accident, vandalized, and that certain parts of the vehicle were stolen. ...

Excerpt: ...ntract was filed by Plaintiff OSCAR BARRAGAN on March 8, 2019. Plaintiff alleges that he “was the insured pursuant to a written policy of insurance covering a vehicle owned by plaintiff…issued by defendant Geico Indemnity Company.” (Complaint ¶3.) Plaintiff further alleges that in October 2017, the vehicle covered under the subject policy was damaged in an automobile accident, vandalized, and that certain parts of the vehicle were stolen. ...

Excerpt: ...leave to amend, Plaintiffs have 30 days to amend. I. Defendants INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB and AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA's motion to strike portions of Plaintiff's First Amended Complaint is MOOT in part, GRANTED without leave to amend in part, and OFF‐ CALENDAR as MOOT in part. Moving Party to give Notice. No Opposition(s) filed as of August 6, 2019. The demurrer and motion to strike as to Defendant AUTOMOBILE ...

Excerpt: ...days to amend. B. The demurrers to the sixth and seventh causes of action against Rescue One are OVERRULED. C. The demurrers to the first and fourth causes of action against Defendants Andrew Boulos and William Watson are SUSTAINED with leave to amend. Plaintiff has 20 days to amend. D. The demurrers to the fifth, sixth and seventh causes of action against Defendants Andrew Boulos and William Watson are OVERRULED. Moving party to give notice. The...

Excerpt: ...HEY (“Defendant Mulcahey”) and nominally against Defendants DIGITAL DOGMAN CORP. and MULSH HOLDINGS, LLC. Plaintiff asserts both individual claims and shareholder derivative claims. Defendant Mucahey has moved for an order requiring Plaintiff to provide a $50,000 bond pursuant to section 800(c) of the California Corporations Code. Corporations Code section 800(c) provides that in any purported shareholder derivative suit, “the corporation o...

Excerpt: ...ight to att achorder, which shall state the amount to be secured by the attachment determin ed by the court in accordance withSection 483.015 or 483.020, if it finds all of the following: 1. The claim upon which the attachment is based is one upon which an attachment may be issued 2. The plaintiff has established the probable validity of the claim upon which the attachment is based 3. The attachment is not sought for a purpose other than the reco...

Excerpt: ...ent/adjudication has met its burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (CCP 437c(p)(2).) California Law Governs Plaintiff's complaint alleges claims for sex discrimination, sexual orientation discrimination, and retaliation based on New York state law. However, Plaintiff's claims are governed by California law because the parties entere...

Excerpt: ...OSA, SR., CESAR SOSA, JR., HECTOR SOSA, and the SOSA CORPORATION's Motion to Strike Portions of the Fifth Amended Cross-Complaint of Cross-Complainant/Cross- Defendant RICHARD HERNANDEZ is GRANTED in part, MOOT in part, and DENIED in part. Moving Party to give Notice. After the Court granted judgment on the pleadings with leave to amend to the prior cross-complaint, Cross-Complainant RICHARD HERNANDEZ (“Hernandez”) filed a Fifth Amended Cross...

Excerpt: ...o Department C, but no courtesy copies were received from Hoover. Counsel is ordered to provide those courtesy copies no later than 5 p.m. on May 8, 2019. II. THE COURT WILL NOT BE ISSUING TENTATIVE ORDERS ON THE OTHER PENDING MOTIONS FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION. THE PARTIES SHOULD BE PREPARED TO ADDRESS THE ISSUES BELOW IN THEIR ORAL ARGUMENT. A. SMARK DEFENDANTS' MOTIONS With respect to the Motions for Summary Judgment of D...

Excerpt: ...nded Complaint and the 1 st – 7 th causes of action on the grounds that they fail to state facts sufficient to constitute causes of action and are uncertain. SECOND AMENDED COMPLAINT (“SAC”) Plaintiff alleges that he is a dark skin African American man. (SAC, ¶ 28.) On 8/5/16, Plaintiff brought his wife's Mercedes C 300 in for service at Fletcher Jones Mercedes-Benz; he was directed to “a small office to obtain a loaner car”; a “Cauc...

Excerpt: ...983, and Conspiracy - Violation of RICO: “Under the doctrine of res judicata, a valid, final judgment on the merits is a bar to a subsequent action by parties or their privies on the same cause of action. In California, a "cause of action" is defined by the "primary right" theory. The most salient characteristic of a primary right is that it is indivisible: the violation of a single primary right gives rise to but a single cause...

Excerpt: ...o prepare a separate proposed transfer order in accordance with the terms set forth below. Plaintiff Transportation Alliance Bank, Inc. applies for two writs of possession pursuant to CCP § 512.010 against Defendants A&V Carriers, Inc. and Edgar Stephanian. Notice Section 512.303 of the CCP requires a plaintiff to serve the defendant with the following documents prior to the hearing: (a) a copy of the summons and complaint; (b) A Notice of Appli...

Excerpt: ...the requested discovery is relevant to the personal jurisdiction issue. No tentative order is issued regarding the motion for a protective order. I. Pro Hac Vice Attorneys Williams and Hedley's applications for admission pro hac vice are GRANTED. Applications to appear pro hac vice are governed by CRC 9.40. The rule requires that the attorney be admitted to practice before a U.S. court or the highest court of any state or territory. A member of t...

Excerpt: ...y time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (CCP 436(b).) Relying on Grell v. Laci Le Beau Corp. (1999) 73 Cal.App.4 th 1300, Reed v. Norman (1957) 48 Cal.2d 338, and Truck Exchange v. Superior Court (...

Excerpt: ...NEZ; FELICIANO MOJARRO; PATRICIA MOJARRO; SILVIA MOJARRO; SONIA CUEVAS, in her individual capacity and as guardian ad litem for A. CUEVAS and I. CUEVAS; RENE CUEVAS; ELIA AIMEE GARCIA; JESSIE GARCIA; ANA MARIA GARCIA; MARGARITA VELEZ; and TERRA MAXWELL (collectively, “MOJARRO PLAINTIFFS”); and In case number BC666844, against Plaintiff STEFANIE OVIATT. Defendant WCA's motion for summary judgment is DENIED. Moving party to give notice. PAPERS ...

Excerpt: ... Barbara C. Luna, CPA under CCP §1987.1, or alternatively for a protective order. Defendant argues that the subpoena fails to comply with the statutory requirements governing subpoenas that seek personal records of consumers; and that the subpoena seeks the deposition of Plaintiff's expert witness prematurely prior to the formal designation of expert witnesses in this matter. In Opposition, Plaintiff argues that he is entitled to depose and obta...

Excerpt: ... Merit and Certificate of Corroborative Fact was GRANTED on April 24, 2018. Defendant THE ROMAN CATHOLIC ARCHBISHOP OF LOS ANGELES, a corporation sole (“Defendant”) moves to compel Plaintiff's production of Certificates of Merit and Certificate of Corroborative Fact. Defendant argues that Plaintiff's Certificates are neither privileged nor confidential. In Opposition, Plaintiff argues: (1) Defendant's Motion to Compel is not the proper vehicl...

Excerpt: ... follows: “Defendants claim an interest in the [Subject Property] adverse to Plaintiff's interests as a result of [a] fraudulent real property transaction and loan. Since Plaintiff has paid a substantial amount of the loan back to the mortgagor, including the $160,000 down payment, Plaintiff has ownership interest and has a right, title, estate, lien or interest superseding Defendants' title.” (FAC ¶31.) The FAC asserts the following causes ...

Excerpt: ...iff sought possession of the premises, past-due rent, forfeiture of the agreement, holdover damages for each day that the defendants remained in possession, attorneys fees and costs. Possession is no longer at issue because Defendants have vacated the premises. In the amended motion for summary judgment, Plaintiff seeks recovery of amounts due under the lease agreement for the entire period of the lease, including after the Defendants vacated the...

Excerpt: ...r) on September 21, 2018. The Complaint alleges the following facts: On or about March 13, 2017, plaintiff arrived at the airport at about 8:20 a.m. for a 9:50 a.m. flight to St. Louis. Plaintiff proceeded to security with three carry-on bags – a laptop, sample box and small carry-on bag. TSA instructed plaintiff to check one of the bags because only two carry-on bags were allowed. Plaintiff returned to the American Airlines (“AA”) counter ...

Excerpt: ...nder which each party to a lawsuit ordinarily must pay his or her own attorney fees. (CCP § 1021; Musaelian v. Adams (2009) 45 Cal.4th 512, 516.) In order to prevail on a motion for attorney's fees, a party must establish an entitlement to fees and also support the specific amount of fees claimed. (ComputerXpress, Inc. v. Jackson (2001) 93 Cal.App.4th 993, 1020.) Defendants argue that the subject agreement between the parties contains a clause i...

Excerpt: ...s JUNE SHIVANGI VYAS and SHAE (SWEETY) STEFANI (collectively “Plaintiffs”) on October 17, 2018. The relevant facts, as alleged, are as follows: “On or about June 15, 2017, defendant KUMAR and DOES 1 through 5, inclusive, met, in person, with SHIVANGI for the purpose of obtaining a personal loan in the amount of $50,000.00. [¶] Defendant KUMAR and DOES 1 through 5, inclusive, repeatedly implored SHIVANGI for the loan, by claiming to be phys...

Excerpt: ... of the parties, which provides in relevant part: “You or we may demand appraisal of the loss. Each will appoint and pay a competent and disinterested appraiser and will notify the other of the appraiser's identity within 20 calendar days of the receipt of the written request. Each will equally share other appraisal expenses. The appraisers or a court having jurisdiction, will select an umpire to decide any differences. Each appraiser will stat...

Excerpt: ...diction is challenged by a nonresident defendant, the burden of proof is upon the plaintiff to demonstrate that ‘minimum contacts' exist between defendant and the forum state to justify imposition of personal jurisdiction.” (Mihlon v. Sup.Ct. (Murkey) (1985) 169 Cal.App.3d 703, 710; Floveyor Int'l, Ltd. v. Sup.Ct. (Shick Tube-Veyor Corp.) (1997) 59 Cal.App.4th 789, 793; Elkman v. National States Ins. Co. (2009) 173 Cal.App.4th 1305, 1313.) If...

Excerpt: ...Defendant filed an amended answer and a cross- complaint. Defendant did not seek leave of Court before filing the Cross- Complaint. Plaintiff has moved to strike the Cross-Complaint as untimely. Defendant argues that the Court should not strike the Cross-Complaint because it arises out of the same transaction as the Complaint and thus is compulsory. Defendant argues that it would conserve judicial resources to allow its Cross-Complaint to stand r...

Excerpt: ...as to the allegations regarding attorneys' fees, and DENIED as moot as to remaining allegations. Opposing Party to give Notice. RULING ON DEMURRERS: This action for breach of contract was filed by Plaintiff Tommy H. Chen, M.D., Inc. on August 27, 2018. Plaintiff's Complaint asserts the following causes of action: (1) Breach of Contract; (2) Conversion; and (3) Unlawful Business Practices. Defendant PIH HEALTH PHYSICIANS demurs to all three causes...