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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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