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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...'s Evidence: i. The following are overruled: 2, 3 ii. The following are sustained: 1 ANALYSIS Legal Standard The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Code of Civil Procedure (�...

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

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

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

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

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

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

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

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

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

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