Excerpt: ...he pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions or conclusions of fact or law. We accept the factual allegations of the complaint as true and also consider matters which may be judicially noticed. [Citation....

Excerpt: ...y Department; North East Community Clinic; Olympia Medical Center/ Medical; Olympia Medical Center/Business Office; Olympia Medical Center/ Radiology Department; and Truong Neuroscience Institute. Plaintiff objects to the subpoenas on the grounds that they are overly broad, invade her privacy, and seek information not reasonably calculated to lead to the discovery of admissible evidence. Plaintiff contends she is seeking damages concerning injuri...

Excerpt: ...c., (“Seven Bros”) for February 13, 2019, March 20, 2019, and August 14, 2019. Plaintiff states he noticed the depositions of Kevin Trinh and Howard Trinh for March 20, 2019 and August 13, 2019. In October and December, Plaintiff's counsel sent emails requesting deposition dates. Upon receiving no responses, Plaintiff filed this motion to compel the depositions. Defendants filed no opposition. Any party may obtain discovery, subject to restri...

Excerpt: ...egligent manner to cause his bodily injuries. On November 25, 2019, Defendant demurred to Plaintiff's complaint and moved to strike Plaintiff's prayer for punitive damages. Plaintiff did not oppose. A demurrer may be brought if insufficient facts are stated to support the cause of action asserted. (Code Civ. Proc., § 430.10, subd. (e).) “A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, bec...

Excerpt: ...tion of emotional distress; and battery. Plaintiffs allege that Defendants engaged in negligent care of newborn Roman Aguilar. The FAC alleges Dinora Cubias and Cesar Aguilar are Roman's parents. Dignity demurs to the first, second, fourth, and fifth causes of action. First Cause of Action for Medical Malpractice Dignity argues the first cause of action is uncertain because it does not state which Plaintiff Dignity allegedly injured and what duty...

Excerpt: ...$156,000.00 will be used for attorney's fees, and $3,864.57 will be used for non-medical expenses, leaving a balance of $229,814.43 for Claimant, which will be delivered to the conservator of Claimant's estate. Court approval is required for all settlements of a minor's claim. (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.) The Court has reviewed the proposed settlement and finds that it is fair and reasonable. However, there is ...

Excerpt: ...f the accident. Except as otherwise provided, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for trial of the action. (Code Civ. Proc., § 2024.020, subd. (a).) On motion of any party, the court may grant leave to complete discovery proceedings, or to have a motion concerning discov...

Excerpt: ...self-represented, appeared at the hearing via Court Call. At the hearing, Plaintiff stated he had mailed the responses. Defense counsel stated the form interrogatories were not verified and no responses to the document requests or special interrogatories had been received. On October 15, 2019, the Court ordered Plaintiff to provide verified responses, without objections, to Flannery's written discovery (including special interrogatories, form int...

Excerpt: ...ended the Complaint to add Enterprise Rent-A-Car <0044000300270052004800 00510057001100030003[Defendant now demurs to Plaintiff's complaint on the grounds that it fails to state facts sufficient to constitute a cause of action and because Defendant cannot be held vicariously liable for the negligent acts of its customers under 49 U.S.C. Section 30106 (the “Graves Amendment”). Defendant's demurrer is unopposed. Defendant also requests the Cour...

Excerpt: ... this case successfully moved to require Plaintiff to file an undertaking. Where a plaintiff in an action resides out of the state, the defendant may, at any time, apply to the court for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action. (Code Civ. Proc., § 1030, subd. (a).) The motion shall be made on grounds that the plaintiff resides out of the state and ...

Excerpt: ...when he was appearing in court regarding multiple criminal suits. (Declaration of Garrett Sutkowski (“Defendant's Decl.”), ¶ 2.) Defendant glanced at the paperwork and assumed they pertained to restitution in the criminal matters being heard that day. (Id. at ¶ 4.) He placed the papers in a folder containing other files pertaining to the criminal matters and did not look at them again. (Id.) Default was entered on September 11, 2018. Defend...

Excerpt: ...the property from its owner, Chase Glendale Services, LLC ("Chase"). Per the lease, Chase retains all responsibility to maintain and repair the subject property to keep it in good repair. Chase also has a property management agreement with Charles Dun Real Estate Services, Inc. (“Charles Dunn”), and Chase delegated its maintenance, inspection and repair responsibilities to Charles Dunn. After Plaintiff filed her complaint against Chas...

Excerpt: ...��) to transport her to and from Defendant's dialysis facility. (Complaint, ¶ 5.) Plaintiff alleges WMT negligently provided an unsafe stool for her to use to get into the vehicle and failed to supervise her entry into the vehicle such that Plaintiff slipped off the stool and fell. (Complaint, ¶ 10.) Plaintiff ties Defendant's acts to WMT by alleging Defendant “negligently and wantonly selected” WMT for transportation to and from their faci...

Excerpt: ...ed to Mary Louise Mata (“Decedent”). On October 5, 2018 Plaintiffs initiated this action against Defendant along with defendants Daniel Drake, M.D., Andrius Kirsonis, M.D., Alexander Grimm M.D., and Edgar Enriquez, M.D. II. FACTUAL BACKGROUND The Decedent was a 73-year old obese female, with a past and current medical history including hypertension, diabetes type 2, chronic kidney disease stage 2, morbid obesity, hyperlipidemia, GERD, hiatal ...

Excerpt: ...moni (collectively, “Defendants”) for negligence, failure to obtain workman's compensation insurance policy, premises liability, and intentional infliction of emotional district. The FAC was filed after the demurrer of Rancho Villa and Encino Ranch was sustained and Plaintiff given leave to amend. Plaintiff seeks leave to file a Second Amended Complaint (“FAC”), which proposes additional causes of action for failure to pay minimum wage, f...

Excerpt: ...xamination was served on Plaintiff on June 12, 2019 for an examination date of August 14, 2019 by Dr. Dean C. Delis. The parties do not dispute the propriety of a mental examination in this case. The parties disagree on whether the actual test, test answers, interpretative materials used, reports of tests, raw data generated, scoring, and all test results will be produced directly to Plaintiff's counsel and Plaintiff. Defendants proposed to have ...

Excerpt: ...gen Passat that was struck in the rear by a truck owned by U.S. Equipment, Co. Inc and that was driven by Mr. Camarillo. The impact pushed the Volkswagen Passat into the car that was in front. Plaintiff asserts two causes of action against Volkswagen: (1) negligence, and (2) product liability, consisting of strict liability, negligence, and breach of warranty. <0059004800470003005500 00490052005500030044[dmission (“RFA” or “RFAs”) on Plai...

Excerpt: ...from the rear; first by the STA <00440003000b0047005500 004800550055005200b6[s car) collided with the STA bus, which pushed the bus further into Plaintiff's car. Defendants Menchaca and Fierro (“Settling Defendants”) filed an application seeking a determination that their settlement with Plaintiff for $25,000 was made in good faith. Defendants STA and Fuentes (“Non-Settling Defendants”) requests the Court deny the application. In the alte...

Excerpt: ... slipped and fell near the deli counter. (UMF No. 3.) Plaintiff has no information as to how the liquid got onto the floor or how long it was there. (UMF No. 4.) Defendant moves for summary judgment on the grounds that Plaintiff cannot prove Defendant had actual or constructive notice of the alleged dangerous condition. II. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply a three-step analysis: “(1) identify the iss...

Excerpt: ... with other injuries. Defendant Hussain seeks to compel the independent medical examination of Plaintiff by Dr. Nicholas Rose on October 15, 2019 at 10:30 a.m. Dr. Rose's office is located at 360 San Miguel Drive, Suite 701, Newport Beach, California. Plaintiff resides in Carrollton, Texas, which is approximately 1,441 miles away. Plaintiff objects that the examination is located more than 75 miles from her residence. In any case in which a plain...

Excerpt: ... Code of Civil Procedure section 473. That motion was set for hearing on February 27, 2018, at which time the Court granted the motion and reinstated the case. Plaintiff then waited until January 16, 2019 to serve Defendant. Defendant seeks dismissal of this action for Plaintiff's failure to serve Defendant with the summons and complaint within the three-year statutory period set forth in Code of Civil Procedure section 583.210. Section 583.210, ...

Excerpt: ...ssenger on a LACMTA bus, which made a sudden stop when it and Defendant Diane Lamb's vehicle collided. (FAC ¶¶ 7, 10.) <004b004500520058005100 00580048005500520044[ Street in Los Angeles. (UMF No. 7.) The LACMTA bus was also traveling southbound on Figueroa Street. The bus was traveling in the far-right curb lane (#2 lane) and Ms. Lamb's car was traveling in the lane to the left of the bus (#1 lane). (UMF No. 8.) The bus was traveling straight ...

Excerpt: ...6 against Defendant Louisville Ladder, <004c004f004f0048000300 004c004f004800470003[an answer to the complaint. On September 12, 2016, the parties filed a joint report pursuant to Federal Rule of Civil Procedure 26(f). Both parties filed trial documents in May and June 2017. One of those trial documents was a motion in limine filed by Louisville Ladder to dismiss the federal action. Skinner had filed for bankruptcy the previous year, and Louisvil...

Excerpt: ... 7, 30.) Plaintiff alleges Ms. Inouye falsely held herself out as a physician's assistant while working at Dr. Rubottom's office by wearing a white physician's jacket, performing physical examinations of Plaintiff, collecting personal and medical information from Plaintiff, making medical and diagnostic recommendations to Plaintiff, and signing medical records as a physician's assistant. (FAC, ¶¶ 11, 32.) Plaintiff alleges Defendants knew that ...

Excerpt: ...ndant. Defendant contends it is entitled to summary judgment on Plaintiff's negligence and premises liability claims because: (1) Defendant did not owe Plaintiff a duty to warn her or prevent the squirrel attack; and (2) Defendant's failure to warn Plaintiff of the potential for squirrel attacks did not cause Plaintiff's injuries as a matter of law. II. FACTUAL BACKGROUND Defendant owns Terranea Resort (“Terranea”), a hotel resort of 102 acre...

Excerpt: ...ve to amend the complaint to add a cause of action for negligent entrustment and a claim for punitive damages. Trial is on October 8, 2019. The court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading. (Code Civ. Proc., § 473, subd. (a)(1).) “Public policy dictates that leave to amend be liberally granted.” (Centex Homes v. St. Paul Fire & Marine Ins. Co. (2015) 23...

Excerpt: ...ndants filed this demurrer and motion to strike. Plaintiffs did not oppose. II. DEMURRER A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions or conclusions of fact or l...

Excerpt: ...II. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply a three-step analysis: “(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence of a triable, material factual issue.” (Hinesley v. Oakshade Town Center (2005) 135 Cal.App.4th 289, 294.) “[T]he initial burden is always on t...

Excerpt: ...d mounted a spare tire on the rear axle as well. Plaintiff alleges that the spare tire was over 14 years old at that time. On March 26, 2017, the thread and outer steel belt on the spare tire separated while Plaintiff was driving, causing Plaintiff to crash. Defendant moves for summary judgment on the ground that Plaintiff is not the real party in interest and lacks standing to bring her claim and that Defendant owed Plaintiff no duty of care. II...

Excerpt: ...l Fact (“AMF”) No. 12.) At the time of the incident, Plaintiff had just finished grabbing some grapes from the produce display. (Defendant's Undisputed Material Fact (“UMF”) Nos. 4 and 8.) Plaintiff slipped near, but not immediately next to, the grape stand. (UMF No. 6.) Plaintiff did not see the grape before his accident. (UMF No. 7.) Defendant moves for summary judgment on the grounds that Plaintiff cannot prove Defendant had actual or ...

Excerpt: ...eof. (Code Civ. Proc., § 435, subd. (b)(1).) The court <0046005500480057004c00 00580053005200510003[terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436, subd. (a); Stafford v. Shultz (1954) 42 Cal.2d 767, 782 [“Matter in a pleading which is not essential to the claim is surplusage; probative facts are surplusage and may be stricken out or disregarded”].) The court may als...

Excerpt: ...ourt ordered Plaintiff to appear for his deposition and pay monetary sanctions in the amount of <0003001500130014001c00 0058005500570003004a[ranted Plaintiff's counsels' motions to be relieved as counsel. A Notice of Ruling of the orders to be relieved as counsel was served on Plaintiff by Plaintiffs' former counsel on June 20, 2019. On June 25, 2019, Defendants served a Notice of Ruling on Plaintiff regarding the court order for Plaintiff to app...

Excerpt: ...s in her pinky finger. Defendant moves for summary judgment. II. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply a three-step analysis: “(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence of a triable, material factual issue.” (Hinesley v. Oakshade Town Center (2005) 135 ...

Excerpt: ...mary judgment, courts must apply a three-step analysis: “(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence of a triable, material factual issue.” (Hinesley v. Oakshade Town Center (2005) 135 Cal.App.4th 289, 294.) “A party may move for summary adjudication as to one or more causes of action within ...

Excerpt: ... plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff where: (1) the examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; and (2) the examination is conducted at a location within 75 miles of the residence of the examinee. (Code Civ. Proc., § 2032.220, subd. (a).) Where any party seeks to obtain discovery by a physical examinati...

Excerpt: ...h Coast. Defendants move to strike Plaintiff's request 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. (Code Civ. Proc., § 435, subd. (b)(1).) The court <0046005500480057004c00 00580053005200510003[terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436, subd. (a); Sta...

Excerpt: ...uest for entry of default judgment. On July 18, 2019, Defendant filed this motion to set aside the default pursuant to Code of Civil Procedure section 473(b). Defendant argues, among other things, that Plaintiff's November 18, 2019 statement of damages is insufficient under Code of Civil Procedure section 425.11 because it is not on the mandatory Judicial Council form (Form CIV-050) and does not specify that Plaintiff was seeking $2,000,000.00 in...

Excerpt: ...gal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions or conclusions of fact or law. We accept the factual allegations of the complaint as true and also consider matters which may be judicially...

Excerpt: ...r). Plaintiffs seek punitive damages. On July 16, 2019, Defendant filed this motion to strike the portions of the Plaintiffs' complaint seeking punitive damages. Additionally, Defendant seeks to strike Plaintiffs' intentional tort claim in its entirety because it is uncertain, ambiguous, and unintelligible. Defendant did not file a declaration showing the parties met and conferred before Defendant filed this motion. In the future, the parties are...

Excerpt: ...6, Plaintiff was volunteering at LAUSD's Sylmar Leadership Academy when she fell from a ladder while hanging posters in the Multi-Purpose Room (“MPR”) in preparation for the holiday season. (Undisputed Material Fact (“UMF”) No. 3.) Plaintiff was helping LAUSD Parent Director and Campus Aide, Ms. Jazmin Vega. (UMF No. 4.) Initially, Plaintiff was not using a ladder and was handing posters up to Ms. Vega as Ms. Vega was on her own ladder hu...

Excerpt: ...2018. On July 19, 2019, Defendant LVUSD demurred to the entire complaint. Plaintiff did not oppose. Defendant demurs to all causes of action on grounds that Plaintiff did not allege a statutory basis to hold Defendant liable. California Government Code section 815 provides that “[a] public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person” exc...

Excerpt: ...es. Plaintiff does not allege any facts specific to Defendant Brent-Air Towing, Inc. (“Brent-Air”). Defendants Auto Club and Brent-Air move for summary judgment. II. EVIDENTIARY OBJECTIONS Defendants Objection Nos. 1-19 are OVERRULED. III. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply a three-step analysis: “(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated th...

Excerpt: ...ant Samuel Jaramillo (“Defendant”) had violated traffic laws and driven in an unsafe and illegal manner was not sufficient to state grounds for punitive damages, and that fleeing the scene of an accident cannot support punitive damages unless the act of fleeing caused additional injuries to Plaintiff. Plaintiff filed a First Amended Complaint (“FAC”). On August 12, 2019, Defendant file this motion to strike Plaintiff's request for punitiv...

Excerpt: ...o ride at Hansen Dam Park, where Plaintiff was thrown off the horse. Plaintiff alleges that City owns and operates Hansen Dam Park and that City failed to properly maintain, inspect, repair, or properly warn of dangerous conditions. City filed a demurrer. A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc....

Excerpt: ...480047[ Defendant Stockman. On July 3, 2019, Defendant Stockman filed this motion to dismiss. The court may, in its discretion, dismiss an action for delay in prosecution where service is not made within two years after the action is commenced against the defendant (Code Civ. Proc., § 583.420, subd. (a)(1)), or where the action is not brought to trial within two years after the action is commenced against the defendant. (Code Civ. Proc., § 583....

Excerpt: ...g Defendants violated specific sections of the American with Disabilities Act, California Health and Safety Code, Los Angeles City Municipal Code, and other unspecific building codes and ordinances. 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. (Code Civ. Proc., § 435, subd. (b)(1).) The court <0046005500480057004c00 00580053005200510003[terms it deems p...

Excerpt: ... Payless Foods Store No. 10. On August 14, 2014, “Payless Foods” filed an Answer. Nothing was filed for the next year. On August 28, 2015, Plaintiff amended the Complaint to name “Koshan, Inc. dba Payless Foods” as Doe 1. In later 2015, the Court held two Final Status Conferences where Defendant did not appear. The Court then set an OSC re sanctions and ordered Plaintiff's counsel to give notice. Plaintiff's counsel did not do so. On Marc...

Excerpt: ...akemi filed its answer. On April 20, 2018, Gateway filed its answer. Drollinger has not appeared. Plaintiff and Pakemi entered in a settlement agreement for $60,000.00, apportioned as $5,000 for economic damages and $55,000 for non-economic damages. Pakemi seeks a determination of good faith settlement. At the hearing on August 13, 2019, the Court continued the hearing to September 6, 2019 and ordered both Pakemi and Plaintiff to submit briefs an...

Excerpt: .... Plaintiffs move to compel responses to Form Interrogatories and Requests for Production of Documents and to deem Plaintiff Rima's Requests for Admissions admitted. Four motions <0052005100480003005000 00030056004800570003[to be heard on September 24, <00030049004c0059004800 0011000300030037004b[e Court rules on all five motions on this date and the September 24, 2019 hearing is taken off calendar. Where a party fails to serve timely responses t...

Excerpt: ...and DOES 1 through 30 for motor vehicle and general negligence based on an automobile accident that occurred on December 16, 2014. On May 22, 2019, counsel for Plaintiff notified defense counsel that Plaintiff had undergone surgery. On May 28, 2019, Plaintiff provided executed authorizations to allow Defendant to obtain Plaintiff's medical records related to her recent surgery. On May 31, 2019, the Court continued the trial to October 16, 2019. D...

Excerpt: ...on. On September 27, 2018, Nuvair filed a cross-complaint against Aerotecnica Coltri S.p.A. (“Aerotecnica”) and Americas Compressors, LLC (“Americas”) for total implied equitable indemnity, partial implied equitable indemnity, and declaratory relief. Aerotecnica moves to quash the summons and cross-complaint based on lack of personal jurisdiction or alternatively, to dismiss for inconvenient forum. At the June 6, 2019 hearing, Nuvair requ...

Excerpt: ...er filed a motion for summary judgment. Plaintiff filed opposition papers on August 27, 2019. Alameda Surgery Center filed <001c000f00030015001300 00510047004400510057[ Dr. Garrett filed a motion for summary judgment. Plaintiff did not oppose. II. FACTUAL BACKGROUND <0048005100570048004700 00480047004400030036[urgery Center for an EGD with colonoscopy. (Alameda Surgery Center's Undisputed Material Fact (“UMF”) No. 1.) Plaintiff was classified...

Excerpt: ...ving party must present new facts, circumstances or law. (Code Civ. Proc., § 1008, subd. (a).) “[T]he party seeking reconsideration must provide not only new evidence but also a satisfactory explanation for the failure to produce that evidence at an earlier time.” (Glade v. Glade (1995) 38 Cal.App.4th 1441, 1457.) Plaintiff submits an updated declaration stating that she unexpectedly slipped next to the shopping cart position next to a dolly...

Excerpt: ...nting the motion to be relieved was effective only upon counsel's filing a proof of service showing service of the Order on Plaintiff. As Plaintiff's location is unknown, on March 7, 2019, Plaintiff's counsel filed a Proof of Service stating the order granting the motion to be relieved as counsel was served on “LASC-SSC” and delivered to Department 7 located at 312 N. Spring Street. <0057004800470003002700 00b60056000300300052[tion for Order ...

Excerpt: ...procedure that is painful, protracted, or intrusive; and (2) the examination is conducted at a location within 75 miles of the residence of the examinee. (Code Civ. Proc., § 2032.220, subd. (a).) A defendant may make a demand for physical examination without leave of the court after that defendant has been served or has appeared (Code Civ. Proc., <004c005100440057004c00 00470048004700030056[hall be scheduled for a date at least 30 days after ser...

Excerpt: ... <0051000300520049000300 3700520055005500480056[ Defendant seeks to take another deposition of Jesus Torres, a non-party. According to ex parte opposition papers filed by Plaintiff, this motion is moot because Mr. Torres agreed to appear for a deposition on August 28, 2019. However, Defendant has not taken the motion off calendar, so the Court cannot determine if the deposition has occurred. Plaintiff did not file an opposition to the motion. In ...

Excerpt: ...he purchased a high-pressure air compressor system (“high compressor system”) from Defendant to use for his diving vessel in March 2012. Plaintiff alleges that Defendant installed the high compressor system and performed maintenance and servicing on the system and its component parts on various dates after installation. Plaintiff alleges that he suffered severe injuries when parts of the high <0044005c00030014000f00 03001500130014001a0011[ De...

Excerpt: ...300470048004f[ivery for observation. (Undisputed Material Fact “UMF” No. 1.) Plaintiff was admitted by her treating physician, Dr. Anthony Chin, after he observed her blood pressure to be 160/95, and her estimated delivery date was <0044005700480047000f00 00520047000300530055[essure improved, appropriate labs were ordered, and her preeclampsia panel (PIH) and antenatal non-stress testing were normal. (UMF No. 2.) Pursuant to Dr. Chin's Pr...

Excerpt: ...s oncoming vehicle, the parties collided. Plaintiff was a passenger in the car driven by Hussain. Plaintiff and Defendant Mathai settled for $50,000.00 Defendant Mathai now moves the court for a Determination of Good Faith Settlement. The Court must approve any settlement entered into by less than all joint tortfeasors or <0056000300550048005400 00030049005800550057[hers two sometimes-competing policies: (1) the equitable sharing of costs among t...

Excerpt: ...3 Lee Parkway, # Suite 600 Dallas, TX 75219 (the “Dallas address”). The Complaint and Summons were left with Giovanni Bermudez, “Receptionist – person in charge.” Defendants move to quash service of the summons and complaint. Personal service may be accomplished by personally delivering a copy of the summons and complaint to the person to be served. (Code Civ. Proc., § 415.10.) If a copy of the summons and complaint cannot with reasona...

Excerpt: ...icle was allegedly caused by a third party not named in this lawsuit. On May 9, 2018, Plaintiff filed a complaint against Defendants, alleging (1) Negligence, (2) Negligence Per Se, (3) Negligent Entrustment, and (4) Negligent Hiring, Supervision or Retention. Jury trial is currently set for March 17, 2020. <004400510056000f000300 000300370048004f0048[sforo Herrera Serrano (hereinafter, “Defendants”) filed this Motion for Leave to File a Cros...

Excerpt: ... for (1) violation of Gov. Code § 835, premises liability; (2) violation of Gov. Code § 835, premises liability; (3) violation of Gov. Code §§ 815.2, 820, negligence; (4) violation of Gov. Code §§ <0003002600520047004800 0015000f0003001b0015[0, common carrier negligence, foreseeable post injury negligence; and (6) violation of 42 USC § 1983, cruel and unusual punishment. Defendant Los Angeles County Sheriff's Department demurs to the fifth...

Excerpt: ...ff moves for an order deeming admitted requests for admissions. Where a party fails to timely respond to a request for admission, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted. (Code Civ. Proc., § 2033.280, subd. (b).) The party who failed to respond waives any objections to the demand, unless the court grants them relief from the waiver...

Excerpt: ...ne photograph. On February 8, 2019, Plaintiff propounded another document request (No. 39) asking for “All recordings of sub rosa or surveillance of Plaintiff” and Request No. 34 asking Defendant to supplement past productions. On March 28, 2019, the parties stipulated to continue the trial to September 10, 2019 and to base all discovery and motion cutoff dates on the new trial date. Plaintiff's counsel says that on March 29, 2019, defense co...

Excerpt: ...ed, women's only area and used the women's hot-tub/whirlpool. (Id. ¶ 12.) Plaintiffs allege that non-party Andre D. Durham, who Plaintiffs allege was not a member of Defendant, was granted access by Defendant's employee and sexually assaulted her. (Id. ¶¶ 13-15.) Ortega's claim for loss of consortium is based on Venegas' injury. On August 25, 2017, Plaintiffs filed their complaint, asserting three causes of action: (1) general negligence; (2) ...

Excerpt: ...liquid on the floor at the McDonald's restaurant owned by Henrose. McDonald's moves for summary judgment or adjudication. I. LEGAL STANDARD In reviewing a motion for summary judgment, courts must apply a three-step analysis: “(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence of a triable, material fact...

Excerpt: ...st non-party Wastebuilt Environmental Solutions, LLC. Valley Bobcat contends that it recently learned of Wastebuilt's identity and believes Wastebuilt supplied the allegedly defective parts to Valley Bobcat, which then supplied the parts to Vazquez, who installed the parts on the excavator. Vazquez filed a notice of joinder. A cross-complaint may be filed at any time before the court has set a date for trial. (Code Civ. Proc., § 428.50, subd. (b...

Excerpt: ...he time of her alleged injury and has become obligated to pay workers' compensation. As of this date, Defendants have not appeared in the action. A nonparty shall petition the court for leave to intervene by noticed motion or by ex parte application. The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests. (Code Civ. Proc., § 387, subd. (c).) Th...

Excerpt: ...llectively “the Zaslows”) for (1) dangerous condition of public property and (2) premises liability. Plaintiff alleges only a premises liability cause of action against the Zaslows. On April 18, 2018, the Zaslows filed a cross-complaint against City (Roe 1) and Roes 2 through 20 for total indemnity, implied partial indemnity, declaratory relief, and equitable apportionment. Plaintiff and the Zaslows have agreed to a settlement and seek a dete...

Excerpt: ...ended Complaint (“FAC”). II. DEMURRER Defendant Jerry Jamgotchian (“Defendant” or “Jamgotchian”) demurs to the FAC on grounds that Plaintiff failed to plead alter ego liability or a piercing of the corporate veil, or that Jamgotchian is personally liable. Plaintiff argues that she alleged that Jamgotchian negligently owned, operated, managed, controlled, and repaired the premises where Plaintiff fell, and therefore pleads facts from w...

Excerpt: ...ff's complaint and a motion to strike Plaintiff's prayer for punitive. Plaintiff does not oppose. II. DEMURRER A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc.<000300500044005c000300 004b00570003004c0049[ insufficient facts are stated to support the cause of action asserted. (Code Civ. Proc., § 430.10,...

Excerpt: ... Onesource Distributors Holdings, LLC, Onesource Distributors, Evell, Ean Holdings, LLC, and DOES 1 to 50 for (1) negligence and (2) negligent entrustment pursuant to <0051004700440051005700 0053004c004800030044[nd Orange Courier (“Defendants”) filed this motion for summary judgment. II. FACTUAL BACKGROUND On April 10, 2015, at approximately 3:40pm, Plaintiff Carrell and Defendant Gillispie were involved in a traffic collision at the intersec...

Excerpt: ...iff alleges Defendant Nadine Ali Elhor's vehicle hit Plaintiff's vehicle, and that the County and City attempted to transport the plaintiff to the hospital but failed to secure Plaintiff on the stretcher so Plaintiff fell off the stretcher and was injured. <0055004800550003005200 0018000f000300150013[19 on grounds that Plaintiff's second cause of action for Negligence (1) is barred by Health & Safety Code sections 1799.106, 1799.107, and 1799.108...

Excerpt: ...laint was filed, the amendment did not relate back to the filing of the complaint, and therefore it was time-barred. The Court of Appeal affirmed. On May 25, 2018, Plaintiff filed a Doe amendment adding Nahid Sayani as a defendant. On July 11, 2019, Plaintiff filed this motion for leave to amend the complaint to add a second cause of action against Nahid for negligent supervision, alleging she was a passenger in the car at the time of the acciden...

Excerpt: ...his foot caught on an uneven trench or depression in the asphalt parking lot outside of Bristol Farms' offices. (UMF No. 4.) On June 14, 2017, Plaintiff filed this action against Bristol Farms, Watson Land Company, and Watson Partners, L.P. for premises liability and general negligence arising out of the trip and fall. Plaintiff alleges Defendants negligently owned, leased, occupied, and/or controlled the property as to allow or create a dangerou...

Excerpt: ...ky Management Corp. (“M. Pernecky”), and Does 1 through 100 for premises liability and general negligence arising from a slip and fall that occurred on May 19, 2016. On July 25, 2019, Defendant Walmart filed a motion for terminating sanctions. On July 31, 2019, Defendants M. Pernecky and McDonald's also filed a motion terminating sanctions. Plaintiff did not file any oppositions. I. LEGAL STANDARD Where a party fails to obey an order compelli...

Excerpt: ...ers for attorney's fees and punitive damages. Plaintiff did not file an opposition. II. LEGAL STANDARDS 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. (Code Civ. Proc., § 435, subd. (b)(1).) The court <0046005500480057004c00 00580053005200510003[terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Pr...

Excerpt: ... agreement enforceable under Code of Civil Procedure section 664.6. Section 664.6 states: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” To be enforceable, the writing must be signed by the parties. (Provost v. Regents of...

Excerpt: ... CSMC (“Defendant” or “CSMC”) filed the instant motion for summary judgment. Plaintiffs filed a notice of non-opposition on July 18, 2019. II. FACTUAL BACKGROUND Plaintiff Shannon has a history of left hip pain that developed after she fell from a 25-foot ledge on May 18, 2006. (Undisputed Material Fact (“UMF”) No. 1.) On June 16, 2016, after a referral from Anthony C. Romero, M.D. (“Dr. Romero”), Shannon was evaluated by Dr. Snib...

Excerpt: ...(“Defendant”) person most knowledgeable (“PMK”) for April 9, 2019. Defendant objected to the date, and Plaintiff took the deposition off calendar. Defense counsel offered dates between June 18 and <0048000300490052005500 000f0003001500130014[9. Defense counsel advised the PMK was not available that date, so Plaintiff again took the deposition off calendar. Plaintiff unsuccessfully attempted to obtain dates after that. Plaintiff now moves ...

Excerpt: ...on. In support of her motion Defendant submits a police report stating that Defendant “suffers a medical emergency, a seizure, while [Plaintiff] is making a left turn.” (Exh. A.) Defendant states the seizure was later diagnosed as a stroke and submits a letter from the neurologist that Defendant has a “neurological condition which impairs her speech and affects her memory.” (Exh. B.) According to the neurologist, the conditions “has bee...

Excerpt: ...n Authorization for Release of Medical Records from Makati Medical Records. Defendant states Plaintiff has placed his medical records from Makati Medical Center, a hospital in the Philippines. But Mataki Medical Center will only release Plaintiff's medical records with a signed authorization. Defendant contends she needs an order compelling Plaintiff to sign authorizations for the release of the records because she cannot subpoena a foreign entit...

Excerpt: ...ummary adjudication of her fifth affirmative defense that Plaintiff's negligence action is barred by the applicable statute of limitations. I. OBJECTIONS Marta's evidentiary objections are overruled. I. LEGAL STANDARD “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the cause...

Excerpt: ...rvision; and (4) dangerous condition of public property – and seeks general damages, special damages, punitive damages, attorney fees, interest, costs, and other relief the Court may deem proper. Defendant demurs to the first and fourth causes of action and moves to strike portions of the Plaintiff's FAC referring to dangerous conditions of public property and his prayer for attorneys' fees and punitive damages. II. DEMURRER A demurrer tests th...

Excerpt: ...Linares (“Plaintiff”) filed this action against Defendants Jovan Galu Springman and Bonnie Leigh Albrecht, alleging causes of action for (1) “general negligence,” (2) “negligence per se theory,” (3) “negligence – negligent entrustment,” (4) “negligence – negligence per se theory.” Plaintiff seeks for punitive damages against Defendant Springman. Defendant Springman filed this Demurrer and Motion to Strike on July 22, 2019....

Excerpt: ...overy. On March 29, 2019, the Court continued the hearing to accommodate the meet and confer process. The parties thereafter participated in several informal discovery conferences. At an IDC on May 22, 2019, the parties agreed to continue the hearing on the motion to August 22, 2019, with the parties filing supplemental briefs identifying the remaining issues in dispute, according to the schedule for motion briefing set forth in the Code of Civil...

Excerpt: ...efault was entered against Oh La La Nail. On July 15, 2019, the court granted United States Liability Insurance Company's (“USLI”) motion for leave to intervene. On July 25, 2019, USLI filed a Complaint in Intervention. On May 10, 2019, Defendants Raafat Iskander and Koharik Iskander (“Defendants”) filed this Motion for Leave to File a Cross-Complaint against Oh La La Nail and Roes 1 to 50. Plaintiff filed an opposition on August 9, 2019....

Excerpt: ...cident”). On July 12, 2018, Plaintiffs Dora Garceran and Jose Tintos filed a complaint (in BC713295) against Defendant Queen Eze for negligence. Plaintiffs alleged they suffered injuries as a result of an automobile accident that occurred on July 16, 2016 (“First Accident”). Plaintiffs filed a Request for Dismissal on January 23, 2019, dismissing Plaintiff Dora Garceran from the action. On February 7, 2019, the court related BC681043 and BC...

Excerpt: ...negligence, premises liability, and loss of consortium. The City, County, and Los Potros were dismissed. On May 4, 2017, Plaintiff Lilia was standing outside Los Potros Restaurant near the outside seating area waiting to purchase food. Defendant Bell caused the vehicle he was driving to enter onto the sidewalk and penetrate Los Potros Restaurant's metal fence and other barriers. The vehicle hit Plaintiff Lilia. Plaintiffs were lawfully married an...

Excerpt: ...on on June 10, 2019. Plaintiff alleges that she slipped on a liquid substance on the floor in Defendant Costco Wholesale Corporation's store, causing her to fall and sustain serious injuries. Defendant Costco Wholesale Corporation (“Costco” or “Defendant”) filed this Demurrer and Motion to Strike on July 17, 2019. II. DEMURRER STANDARD A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is...

Excerpt: ...d the trial from March 11, 2019 to May 22, 2019. All discovery and motion cut-off dates were to follow the new trial date. On April 25, 2019, the Court granted Plaintiff's ex parte application in part and continued trial from May 22, 2019 to September 11, 2019. The Court did not continue the fact discovery and expert exchange dates as those dates had passed, and stated that if a party wished to reopen those discovery dates, the party should file ...

Excerpt: ...t of a November 19, 2015 incident where Plaintiff was hit twice on the head by a classmate with a brick that was on the premises owned and/or managed by Defendant. Defendant moves to strike Plaintiff's Amended Expert Witness Designation on grounds Plaintiff's newly added expert was not previously disclosed, Plaintiff has not moved for the appropriate relief, and the expert Plaintiff previously believed to be available is now available, obviating ...

Excerpt: ...D. In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff. (Code Civ. Proc., § 2032.220, subd. (a).) A defendant may make a demand for physical examination without leave of the court after that defendant has been served or has appeared (Code Civ. Proc., § 2032.220, subd. (b)), and the physical examination demanded shall be scheduled for a date at least 30 da...

Excerpt: ...ttacked her. Plaintiff contends Defendant had the duty to remove aggressive squirrels from the resort. Plaintiff now seeks leave to file a first amended complaint to add a cause of action for strict liability and a prayer for punitive damages on the grounds that Defendant is the keeper of the squirrel. II. DISCUSSION “The court may . . . in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to ...

Excerpt: ...cate liability from damages. Plaintiff opposes. “The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than...

Excerpt: ...orney's fees, and $31,198.89 will be used for non-medical expenses, leaving a balance of $328,018.77 for Claimant. Of the amount for Claimant, $313,018.77 will be invested in an annuity and $15,000 will be paid or transferred to the trustee of a special needs trust (“SNT”). Court approval is required for all settlements of claims by a person with a disability. (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.) The Court finds th...

Excerpt: ...x Crop., Intex Recreation Corp., and Intex Group (collectively, “Defendants”) sold a defective above-ground pool and pool ladder, which caused Nina's injuries. Plaintiffs served deposition subpoenas for records on Dennis L. Webb and Stephen M. Feurch, two attorneys who apparently litigated cases for other plaintiffs against Defendants involving Defendants' pool ladders. Defendants move to quash the subpoenas. Subpoena on Dennis L. Webb Plaint...

Excerpt: ...or Production of Documents from Lapplapplander and responses to Form Interrogatories and Special Interrogatories from both Plaintiffs. It is well-settled that “unsworn responses are tantamount to no responses at all.” (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636; Zorro Inv. Co. v. Great Pacific Securities Corp. (1977) 69 Cal.App.3d 907, 914.) Where a party fails to serve timely responses to discovery requests, the court may make...

Excerpt: ... moved to compel a neuropsychiatric examination of Plaintiff by Po-Haong Lu, Ph.D., a board-certified neuropsychologist, and Thomas Garrick, M.D., a board-certified psychiatrist. The parties do not dispute the appropriateness of a mental examination, but rather dispute whether the two doctors can do it as a team. Where a party seeks to obtain discovery by a mental examination, the party shall obtain leave of the court. (Code Civ. Proc., § 2032.3...

Excerpt: ...es liability. The Complaint alleges Plaintiffs fell from the second floor of the apartment building to the patio below due to a faulty railing after Plaintiffs had warned Peartree and Allied that the rail was defective and loose. On September 10, 2018, Allied filed a cross-complaint against Levy, Stephen Melancon, and Peartree for equitable indemnity, contribution, and declaratory relief. On December 12, 2018, Cross-Defendant Stephen Melancon was...