Excerpt: ...case in which a 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 phy...

Excerpt: ...int (“FAC”). Bennet demurs on grounds Plaintiff fails to state fact sufficient to constitute a cause of action and that the allegations are ambiguous and uncertain. Bennet also moves to strike portions of the FAC. 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.) “W...

Excerpt: ...ent for negligence, strict liability, premises liability, and negligent infliction of emotional distress arising out of a January 6, 2017 dog bite. Lee Family Trust, Leo Y. Lee, and Hyo S. Lee (collectively, “Defendants”) demur to the complaint on grounds there are insufficient facts to state a cause of action. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defectiv...

Excerpt: ...lsig, HS Film, LLC, Jerry Bruckheimer, Clay Lilley, and Movin On Livestock NM, LLC (collectively, “Defendants”) move for summary judgment. On April 19, 2019, Defendants filed an ex parte application to have documents, in particular exhibits for their summary judgment motion, deemed confidential and filed under seal. The ex parte application asked the Court to deem the documents confidential and file them under seal based solely on the fact th...

Excerpt: ... Demurrer Jaramillo demurs to the Second Cause of Action for negligent hiring, training, retention, and supervision, as Plaintiff has not alleged facts supporting this cause of action against Jaramillo. Plaintiff does not oppose Jaramillo's demurrer to the Second Cause of Action. Jaramillo's demurrer to the Second Cause of Action is SUSTAINED. Motion to Strike Plaintiff alleges Jaramillo was driving in a rampage ignoring the speed limit and traff...

Excerpt: ...ve supplemental interrogatory responses identifying specific documents or containing substantive responses by March 15, 2019, and by March 8, 2019, both parties would produce responsive documents and a privilege log for any documents being withheld on the basis of any type of privilege, including pursuant to Evidence Code section 1157, attorney/client privilege, or work product. On March 7, 2019, Defendants served a privilege log. It is not clear...

Excerpt: ...rataliev (“Murataliev”), Harutyun Ajaryan, Irena Arakelyan, Vahagn Siroyan, SVS Transporation LLC, and Unique Transportation, Inc. for general negligence and motor vehicle negligence arising out of a March 4, 2015 motor vehicle accident. Defendants Harutyun Ajaryan (“Ajaryan”) and Irena Arakelyan (“Arakelyan”) (collectively, “Defendants”) move for summary judgment. Neither defendant was driving the BMW. (UMF Nos. 3, 4.) Neither de...

Excerpt: ...tions based on Defendant's spoliation of evidence. II. FACTUAL BACKGROUND From January 13, 2016 through November 2016, Plaintiff, his mother, Sandra Carbajal (“Carbajal”), older brother, younger brother, maternal grandmother, and maternal uncle lived in Unit 58 of a 61-unit residential apartment complex managed by Defendant. On June 15, 2016, Plaintiff fell out of the window in their living room. On June 21, 2016, six days after the incident,...

Excerpt: ...wer A verified complaint must be denied positively or according to information and belief. A general denial is effective to controvert all material allegations of an unverified complaint. (Code Civ. Proc., § 431.30, subd. (d).) Anything less than a general denial of the whole complaint is a “qualified” or “specific” denial. A defendant can direct his or her denials to specific sentences, paragraphs, of parts of the complaint. Although no...

Excerpt: ...eira, a nurse midwife, negligently used excessive force while inserting an intrauterine pressure catheter which resulted in placental trauma and necessitated an emergency C-section. On March 1 ,2019, Defendants served deposition subpoenas for production of business records on Rockland Community College, Chamberlain University, and Devry, out-of-state schools that Plaintiff attended and received nursing degrees from. The subpoenas sought “[a]ll ...

Excerpt: ...ene 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).) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if a provision of law confers an unconditional right to intervene, or the person seeking intervention ...

Excerpt: ...o recover damages that were not covered by insurance. 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).) The court shall, upon timely application, permit a nonparty to intervene in the action or proc...

Excerpt: ... adverse party, allow, upon any terms as may be just, an amendment to any pleading, including adding or striking out the name of any party, or correcting a mistake in the name of a party, or a mistake in any other respect. (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) 237 Cal.App.4th 23, 32.) “Although courts are bound to ap...

Excerpt: ...en discovery requests and defendant's deposition. The parties' counsel reached an agreement that Defendant would produce additional documents and to serve supplemental responses to form interrogatories. Defendant failed to produce the agreed-upon documents and supplemental responses. On January 11, 2019, the Court granted Plaintiff's motion to compel Defendant's deposition, ordered Defendant to appear for a deposition within sixty days, and order...

Excerpt: ...fs filed a proof of service of summons showing personal service on Electrical and Instrumentation Unlimited of Louisiana, Inc. on “Julie Stevens, Human Resources Personnel, Authorized Person to Accept Service of Process” on November 7, 2018 at 204 South Bernard Road, Broussard, Louisiana 70518. “Electrical and Instrumentation, LLC” and “Electrical and Instrumentation Unlimited of Louisiana, LLC” (“Moving Parties”) state they were ...

Excerpt: ...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 30 days before the trial date, that the trial of any i...

Excerpt: ...nce relating to June 21, 2016 spinal surgery performed on Michelle Friedman. Defendant moves for summary judgment. Plaintiffs filed a Notice of Non-Opposition. II. FACTUAL BACKGROUND On June 21, 2016, Plaintiff Michelle Friedman presented to Torrance Memorial Medical Center for surgery to be performed by Dr. Rogers, an orthopedic spine surgery. (Undisputed Material Fact “UMF” No. 1.) Prior to surgery, Dr. Rogers explained the elective procedu...

Excerpt: ... grounds Plaintiff failed to file her action within six months of receiving written notice of rejection of her claim as required by the California Tort Claims Act. II. FACTUAL BACKGROUND The facts are generally undisputed. On January 4, 2017, a LACMTA bus rear-ended a school bus on which Plaintiff was a passenger. On February 14, 2017, LACMTA served a Notice of Rejection of Plaintiff's claim for damages, which Plaintiff's counsel received. (Undis...

Excerpt: ...ing $10,097.88 for Claimant to be paid to Petitioner. Court approval is required for all settlements of <0003001600180013001300 [et seq.; Code Civ. Proc. § 372.) Claimant passed away on November 6, 2018. (Declaration of Derek C. Holland, ¶ 28.) The petition proposes that the balance of the settlement be paid to Petitioner, who is Claimant's daughter. On April 11, 2019, the Court denied the request to approve the settlement because when a plaint...

Excerpt: ...intiffs. Plaintiffs failed to respond, and Defendants moved to compel Plaintiffs' responses to discovery. On February 20, 2019, the Court granted Defendants' motions to compel Plaintiffs' responses to written discovery requests, ordering Plaintiffs to serve verified responses and to pay monetary sanctions within twenty (20) days of that date. Plaintiffs failed to comply with the Court's Order. Defendants move for terminating sanctions. Where a pa...

Excerpt: ...to strike the 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. (Code Civ. Proc., § 435, subd. (b)(1).) The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436, subd. (a); Stafford v. Shultz(...

Excerpt: ...tes in this action were reset in the lead case. Trial was set for December 26, 2018. It appears that the parties in the consolidated cases then stipulated to continue the December 26, 2018 date to March 28, 2019, which the Court ordered on September 7, 2018. However, it appears that the Court did not change the trial date from December 26 to March 28 in Case No. BC668607. On December 26, 2018, the parties failed to appear on for trial, and the Co...

Excerpt: ...is over 70 years old 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; and (2) the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. (Code Civ. Proc., § 36, subd. (a).) An affidavit submitted in support of a motion for preference under subd...

Excerpt: ...tober 14, 2017 collision. Plaintiffs allege a LAPD officer rear-ended Plaintiffs' vehicle. Defendants Los Angeles City (“City”) and Bridgette Puentes (“Puentes”) move for summary judgment or summary adjudication. As a preliminary matter, Plaintiff did not file a responsive separate statement to Defendants' separate statement of undisputed facts. “An opposition papers shall include a separate statement that responds to each of the materi...

Excerpt: ...he parties were involved in a multi-vehicle rear-end accident. Plaintiff's was the first or front vehicle. Campos drove the car behind Plaintiff's, and Park drove the third vehicle. Espino drove the fourth and last vehicle. Plaintiff testified at his deposition that he was stopping for traffic and Campos's vehicle came to stop behind Plaintiff's vehicle. Park was unable to stop and struck the rear of Campos's vehicle, pushing it into Plaintiff's ...

Excerpt: ...mended Complaint (“FAC”) against Defendants for general negligence. In the FAC, Plaintiff changed the date of the incident to November 20, 2019, which is obvious a typo. However, elsewhere the complaint still states the incident at issue occurred on November 20, 2009. City demurs on grounds: (1) these claims was previously litigated and dismissed in Case No. BC636966; (2) the negligence cause of action is barred by the statute of limitations;...

Excerpt: ...ompany of Los Angeles, LLC (erroneously sued as Alamo Rent A Car as Doe 1) (“Enterprise”) demurs to the complaint on grounds it is uncertain and fails to allege facts to state a cause of action against it. Plaintiffs filed no opposition to this demurrer. II. LEGAL STANDARDS 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, Pierc...

Excerpt: ...of emotional distress arising out of February 1, 2018 treatment Plaintiff received at UCLA Medical Center's Emergency Department. 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 may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper ma...

Excerpt: ...d file a notice of motion to strike the whole or any part thereof. (Code Civ. Proc., § 435, subd. (b)(1).) The court may, upon a motion, or at any time in its discretion, and upon 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 fact...

Excerpt: ...rsuant to Code of Civil Procedure section 36, subdivision (a). A party who is over 70 years old 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; and (2) the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. (Code Civ. Proc., § 36, subd. (a...

Excerpt: ...n Cowan (“Decedent”). Dr. Sattler moves for summary judgment. Plaintiffs filed a notice of non-opposition. II. FACTUAL BACKGROUND On August 4, 2015, Decedent presented to Dr. Sattler, who recommended treatment to address Decedent's pancreatitis including stool studies, laboratory studies, and a CT scan. Following the CT scan Dr. Sattler appropriately scheduled an endoscopic ultrasound for further evaluation. When the ultrasound revealed sludg...

Excerpt: ...concealment relating to care and treatment rendered to Plaintiff between March 2016 and April 11, 2016. On March 18, 2019, the Court sustained Defendants' demurrer to the Second, Third, and Fourth causes of action with twenty (20) days' leave to amend. On April 4, 2019, Plaintiff filed a First Amended Complaint (FAC) for (1) medical malpractice, (2) fraudulent concealment, and (3) negligent hiring and retention. Defendants demur to the Second and...

Excerpt: ...s action against Defendants City of Los Angeles and Paul Johnson (collectively, “Defendants”) for motor vehicle and general negligence arising out of an April 4, 2016 automobile collision. Defendant moves to compel Plaintiff's independent medical examination and monetary sanctions. In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff where: (1) the exami...

Excerpt: ...plainant Anetta Sagar (“Sagar”) filed a Cross-Complaint (“XC”) for damages and specific performance arising out of a Section 998 offer to compromise against Plaintiff/Cross-Defendant Kathleen Coleman (“Coleman”). Coleman demurs and moves to strike portions of the Cross-Complaint. Sagar alleges that on October 19, 2016, Coleman served a statutory offer to compromise under Code of Civil Procedure section 998 for $100,000.00. (XC, ¶ 7.)...

Excerpt: ...nd Universal City Studios LLC. Universal Studios LLC (erroneously sued as Universal Studios, LLC and NBC Universal Media, LLC) (“Defendant”) demurs to the FAC. II. LEGAL STANDARDS 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 ...

Excerpt: ...IME. On February 12, 2019, the parties entered into a stipulation that Plaintiff would submit to an IME with Kevin Ehrhart, M.D. on February 27, 2019 at 12:30 p.m. The Court entered the stipulation on February 25, 2019. Plaintiff failed to appear on February 27, 2019, and Defendant moves for terminating sanctions based on Plaintiff's repeated failures to comply with discovery obligations. Where a party fails to obey an order compelling answers to...

Excerpt: ...or motor vehicle negligence, negligence per se, and intentional infliction of emotional distress arising out of an October 11, 2016 automobile accident. Defendant demurs to the second and third causes of action and moves to strike allegations relating to Plaintiffs' prayer for exemplary damages. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City...

Excerpt: ...ing out of a March 4, 2018 horseback riding incident. II. LEGAL STANDARDS 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 law. We accept t...

Excerpt: ...ril 29, 2019, Defendant filed a demurrer to Plaintiff's FAC. On April 30, 2019, Plaintiff filed a Second Amended Complaint (SAC) alleging motor vehicle negligence, general negligence, and negligent misrepresentation. On May 16, 2019, Defendant filed an “objection” to the SAC. II. LEGAL STANDARDS 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...

Excerpt: ...efendant does not own. Plaintiff obtained a copy of the Los Angeles Department of Animal Services report regarding this incident but it was redacted, preventing Plaintiff from obtaining Defendant's address. (Declaration of Stephanie Folan, ¶¶ 8, 9.) Plaintiff's counsel states she was informed that a court order would be necessary to obtain an unredacted copy of the report. (Folan Decl., ¶ 10.) However, Plaintiff cites to no authority, and the ...

Excerpt: ...ent where he was struck by a forklift. II. FACTUAL BACKGROUND <004800470003004c005100 0010005c004800440055[ contract with Workforce Solutions, Inc. (“Workforce”). Workforce was to supply Defendant with services of temporary associates employed by Workforce. (Undisputed Material Fact “UMF” No. 1.) The agreement called for Defendant to be responsible for the supervision and training of these employees. (UMF No. 2.) On March 29, 2016, Plaint...

Excerpt: ...he complaint on grounds Plaintiff fails to allege sufficient factual allegations and the action is barred by the Graves Amendment. II. LEGAL STANDARDS 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 plead...

Excerpt: ...0057004b00 00480044005700480055[ on Santa Monica Boulevard in Los Angeles with her cousin Evelyn Glassford (“Glassford”) and Glassford's friend, Ron Nakagawa (“Nakagawa”). (Undisputed Material Fact “UMF” No. 1.) As Plaintiff was entering the theater, she fell and landed forward, face down on the theater's hard surface floor. (UMF Nos. 3, 4.) III. LEGAL STANDARDS In reviewing a motion for summary judgment, courts must apply a three-ste...

Excerpt: ...y 25, 2014 when he was struck by a falling tree branch from a tree being trimmed. When he filed the complaint, Plaintiff's lawyer was Chris Purcell. On April 11, 2017, the Court granted Plaintiff's counsel's request to be relieved as counsel, which was effective on April 19, 2017 when Plaintiff's counsel served the order on Plaintiff. Thereafter, Plaintiff represented himself. On August 3, 2017, Defendant served written discovery requests, includ...

Excerpt: ...dence showing the source of the liquid on which Plaintiff slipped. II. FACTUAL BACKGROUND <0003004400030053004400 002b004c004500440046[hi Buffet. (Undisputed Material Fact “UMF” No. 2.) Plaintiff went to use the restroom. (UMF No. 3.) Plaintiff did not notice any liquid on floor before he entered the restroom. (UMF Nos. 4, 5.) Plaintiff was in the restroom for approximately 45 seconds to 1 minute. (UMF No. 8.) Plaintiff exited the restroom an...

Excerpt: ...n's motion to compel Plaintiff's discovery responses and imposing monetary sanctions. On July 11, defense counsel sent an email to Plaintiff's counsel advising him of the Court's ruling. On July 12, defense counsel served a Notice of Ruling on all parties. Plaintiff failed to serve responses or to pay monetary sanctions. On September 5, 2018, the Court granted Volkswagen's motion for terminating sanctions. Plaintiff moves to set aside the dismiss...

Excerpt: ...cember 18, 2017. Defendant City of Los Angeles (“City”) demurs to first cause of action for wrongful death as being barred as a matter of law. (City established that it originally tried to file this demurrer on January 10, 2019, and received a receipt saying the demurrer had been successfully filed that date.) II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective...

Excerpt: ...'s responses to discovery, and Plaintiff was ordered to serve responses and pay monetary sanctions within twenty (20) days of the date of the Order. On January 28, 2019, Defendant served a Notice of Ruling on Plaintiff. To date, no responses have been received and no sanctions have been paid. (Declaration of Perry A. Lasicka, ¶ 4.) Where a party fails to obey an order compelling answers to discovery, “the court may make those orders that are j...

Excerpt: ...ndant Villalobos (“Villalobos”). On October 4, 2018, Plaintiffs named Young Poong USA Corporation as Doe 2 (“Defendant”). Defendant moves to quash service and seeks to be dismissed from this action because (1) service of summons was not proper; and (2) the court lacks personal jurisdiction over it. II. LEGAL STANDARDS A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good ...

Excerpt: ...nsortium relating to an injury sustained by Alfred while working on Defendants' premises. Defendants previously filed a Motion for summary judgment on grounds Plaintiffs' claims were barred by the Privette doctrine because Alfred was acting as an employee of Defendant's independent contractor at the time of injury. Defendants now move for summary judgment or summary adjudication on grounds Plaintiffs' claims are barred by Workers' Compensation ex...

Excerpt: ...��Defendants”) for injuries suffered when their vehicle was rear-ended by Defendants' vehicle. On March 5, 2019, the demurrer to Plaintiffs' second amended complaint was sustained with leave to amend. On March 26, 2019, Plaintiffs' filed their Third Amended Complaint (TAC). State demurs to the TAC on grounds Plaintiffs failed to comply with the Government Code section 945.6. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the plea...

Excerpt: ...who is over 70 years old 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; and (2) the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. (Code Civ. Proc., § 36, subd. (a).) An affidavit submitted in support of a motion for preference under ...

Excerpt: ...s City of Santa Monica and Mark Bivens (collectively, “Defendants”) move for summary judgment on grounds Plaintiff failed to comply with the Government Tort Claims Act. II. FACTUAL BACKGROUND <00560003004c0051005900 00030044005100030044[ccident with a City of Santa Monica (“City”) bus driven by its employee, Mark Bivens (“Bivens”). (Undisputed Material Fact “UMF” No. 2.) On January 25, 2017, Plaintiff's counsel served a preservati...

Excerpt: ... pertaining to Plaintiff's treatment. Plaintiff moves to quash on grounds the subpoenas are overbroad. A deposition subpoena may request (1) only the attendance and testimony of a deponent, (2) only the production of business records for copying, or (3) the attendance and testimony, as well as the production of business records. (Code Civ. Proc., § 2020.020.) The court, upon motion or the court's own motion, “may make an order quashing the sub...

Excerpt: ...no and Serrano Trucking (collectively, “Defendants”) move to strike portions of the Complaint. 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 may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. ...

Excerpt: ...lure to bring this action to trial within two years after this action was commenced. 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., § 583.420, subd...

Excerpt: ...continued to May 22, 2019. <0048005300520056004800 0003002e0059004c0057[ne, M.D. (“Dr. Kvitne”). The deposition notice also demanded the production of documents. Three days before the scheduled deposition, Plaintiffs' counsel produced the requested documents, except for a Federal Court Rule 26 report. At Dr. Kvitne's deposition, Plaintiffs' counsel asked if Dr. Kvitne could produce his most recent Federal Rule 26 report disclosing all other c...

Excerpt: ... Marengo Elementary School. SPUSD moves for summary judgment, or in the alternative, summary adjudication, on grounds SPUSD had no duty to remedy the alleged dangerous condition; it had no notice of any dangerous condition; and SPUSD cannot be liable for vicarious liability as a matter of law. II. FACTUAL BACKGROUND <0057005500440057004900 004800570003004c0051[ South Pasadena, California, heading to the school when she slipped and fell on small r...

Excerpt: ...ither Defendant has been served with the summons or complaint. 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).) In ruling on a motion to dismiss, the court must consider the court file, diligence in seeking effective service of process, the extent to which parties engaged in any s...

Excerpt: ...moves for summary judgment on grounds this action is barred by the statute of limitations and Plaintiff cannot prove the elements of negligence. II. FACTUAL BACKGROUND Nursing registries provide staffing to hospitals on an as needed basis. Nurses and registry nurses at Southern California Hospital at Hollywood (“SCHH”) hold the same title, perform the same job function, and obtain their patient assignments from the charge nurse in the same wa...

Excerpt: ...ertain and fails to state facts sufficient for premises liability. II. LEGAL STANDARDS 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 law...

Excerpt: ...urt issued a tentative order sustaining the demurrer with leave to amend. At the March 15, 2019 demurrer hearing, the demurrer to the Complaint was taken off calendar as Plaintiff had Plaintiff filed a First Amended Complaint (FAC). Defendant demurs to the FAC on grounds Plaintiff fails to state a cause of action and is uncertain, ambiguous, and unintelligible. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will b...

Excerpt: ...e Court denied a motion for terminating sanction but ordered Plaintiffs to respond to Defendant's written discovery requests within 30 days of the Order. Defendant served a Notice <00510003002d0044005100 0003001500130014001c[, Plaintiffs' counsel responded that he was in receipt of the Notice of Ruling and Defendant's discovery requests and would provide Plaintiff's verified, objection-free responses by February 1, 2019. Despite numerous meet and...

Excerpt: ...Declaration of Sergio C. Ponce, ¶ 5.) On February 15, 2019, Dr. Moussazadeh informed defense counsel that he required a deposition fee of $2,500.00 for the first hour and $2,000.00 for every hour thereafter. (Ponce Decl., ¶ 6.) Defendant argues this fee is excessive and cannot be supported. Defendant seeks an order from the court setting Dr. Moussazadeh's fee. If a party desiring to take the deposition of an expert witness deems that the hourly...

Excerpt: ...8, Plaintiff served her expert designations, including the designation of Ted Kobayashi (“Kobayashi”), an accident reconstruction engineer. (Declaration of Keith W. Moreton, ¶ 4.) Defendants served a Notice of Taking the Deposition of Kobayashi setting his deposition for October 8, 2018. (Moreton Decl., ¶ 5.) The deposition was continued to December 13, 2018 and again to February 1, 2019. On January 25, 2019, Plaintiff objected to the depos...

Excerpt: ...nd on October 1, 2018, the Court granted Defendant's Motion to compel Plaintiffs' responses and imposed monetary sanctions. Plaintiffs and their counsel of record were ordered to serve verified responses without objection and to pay $527.50 in monetary sanctions within twenty (20) days of the date of the Order. Where a party fails to obey an order compelling answers to discovery, “the court may make those orders that are just, including the imp...

Excerpt: ...cember 28, 2016, Plaintiff suffered a fall at home, injuring her right knee. (Undisputed Material Fact “UMF” No. 1.) On December 29, 2016, Plaintiff presented to <0044005600030056004800 00110003002500580057[cher. (UMF No. 2.) An x-ray of Plaintiff's right knee revealed a non-displaced fracture of the right anterior patella. (UMF No. 3.) Dr. Butcher subsequently placed Plaintiff in a neoprene-type brace and gave her crutches. (UMF No. 4.) Dr. ...

Excerpt: ... incident. On March 11, 2019, Plaintiff filed a First Amended Complaint (FAC). Kellermeyer demurs to the complaint and moves to strike punitive damages allegations. Leon moves to strike punitive damages allegations. II. LEGAL STANDARDS 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.4...

Excerpt: ...ended Answer. Plaintiffs demur to the amended answer. Answers to the Complaint A verified complaint must be denied positively or according to information and belief. A general denial is effective to controvert all material allegations of an unverified complaint. (Code Civ. Proc., § 431.30, subd. (d).) Anything less than a general denial of the whole complaint is a “qualified” or “specific” denial. A defendant can direct his or her denial...

Excerpt: ...ersus semi-truck collision. On February 8, 2019, Plaintiff filed a First Amended Complaint (FAC) seeking punitive damages. Defendants move to strike the punitive damages claim. Plaintiff alleges she was injured in an automobile accident with a freightliner semi-truck driven by Akbari and owned by I.T. and Ghazarian. Plaintiff alleges Akbari negligently operated the semi-truck, and punitive damages are warranted because I.T. and Ghazarian did not ...

Excerpt: ...med on Michelle Friedman. Dr. Rogers moves for summary judgment. Plaintiffs filed a Notice of Non-Opposition. II. FACTUAL BACKGROUND <0057000300530055004800 00520003002700550011[ Rogers complaining of moderate to several low back and gluteal pain for the prior two years. The pain occurred gradually without injury and MRI revealed lumbar stenosis. (Undisputed Material Fact “UMF” No. 1.) Dr. Rogers ordered an updated MRI, prescribed Gabapentin ...

Excerpt: ... expert designation on grounds Plaintiff failed to comply with the Code of Civil Procedure and improperly designated expert witnesses. Procedural Background Defendant objected to: (1) Plaintiff's designation of “Brad Avrit, P.E. and/or Philip Rosescu” as a liability expert; (2) Plaintiff's failure to provide a statement of her expert's qualification, a representation that her experts will be sufficiently familiar with the case to submit to a ...

Excerpt: ...g in a vehicle driven by Chen when a StarCraft shuttle driven by Ni collided with Plaintiffs' vehicle. On May 2, 2019, Chen, Hu, and Lu dismissed their complaint. Defendants move for summary judgment as to Hernandez on res judicata grounds. [1] 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 negat...

Excerpt: ...Arakelyan (collectively, “Defendants”) move for an order allowing a second medical examination of Plaintiff. In any case in which a 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 ...

Excerpt: ... Trotter Building Designs seeking documents related to any and all contracts, services, projects, correspondence and documents between Trotter Building Designs and Defendants. Defendants seek a protective order on grounds the subpoena is overbroad, seeks documents not reasonably calculated to lead to the discovery of admissible evidence, invades Defendant Khoury's privacy rights, and is not limited in time or scope. A deposition subpoena may ...

Excerpt: ... 18, 2019, Defendant demurred to the FAC, which was sustained with twenty (20) days' leave to amend. On March 12, 2019, Plaintiff filed a Second Amended Complaint for premises liability and general negligence arising out of a May 22, 2016 incident on the “go kart” racing track at Defendant's premises. Defendant demurs on grounds Plaintiff fails to state facts sufficient to state a cause of action and the SAC is uncertain. II. LEGAL STANDARDS ...

Excerpt: ...Greenburg, M.D., and (3) Timothy Schultz, D.O. Plaintiff moves to quash or modify the subpoenas. A deposition subpoena may request (1) only the attendance and testimony of a deponent, (2) only the production of business records for copying, or (3) the attendance and testimony, as well as the production of business records. (Code Civ. Proc., § 2020.020.) The court, upon motion or the court's own motion, “may make an order quashing the subpoena ...

Excerpt: ... of emotional distress arising out of care and treatment rendered to Plaintiff in September, October, and November 2017. II. LEGAL STANDARDS 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...

Excerpt: ...pposition to this motion was filed. The Court must approve any settlement entered into by less than all joint tortfeasors or co-obligors. (Code Civ. Proc., § 877.6.) This requirement furthers two sometimes-competing policies: (1) the equitable sharing of costs among the parties at fault, and (2) the encouragement of settlements. (Erreca's v. Superior Court (1993) 19 Cal.App.4th 1475, 1487.) If the settlement is made in good faith, the Court “s...

Excerpt: ... used to pay medical expenses, $1,750.00 will be used to pay attorney's fees, and $254.00 will be used to pay non-medical expenses, leaving a balance of $2,996.00 for Lar. Under the disposition of balance of proceeds of settlement, Petitioner checks the box stating there is a guardianship of the estate of the minor. There does not appear to be a guardianship of the estate, as a Guardian Ad Litem is not the same as a guardianship. The Court assume...

Excerpt: ... moves to strike Plaintiff's prayer for punitive damages and related allegations. The court may, upon a motion, or at any time in its discretion, and upon 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 ...

Excerpt: ...f the Order. Pursuant to the Court's order, Defendant inquired at the local post office whether there was a forwarding address of Plaintiff, and was told no change of address was on file. On February 12, 2019, BF Rodd served a Notice of Ruling and a deposition notice on Plaintiff's last known address. To date, Plaintiff has failed to appear for his deposition. BF Rodd moves for terminating sanctions. Dollar Tree filed a joinder. Where a party fai...

Excerpt: ...ance, (2) The General Automobile Insurance Services, (3) Permanent General Assurance Corporation, and (4) American Automobile Association. The parties' attorneys met and conferred several times over email, but were unable to reach an agreement. Plaintiff moves for a protective order or to quash the subpoenas. Defendants filed a late opposition. A deposition subpoena may request (1) only the attendance and testimony of a deponent, (2) only the pro...

Excerpt: ...the Complaint <005000580051004c005700 5c0011[ II. LEGAL STANDARDS 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 law. We accept the factu...

Excerpt: ...minary matter, default was previously entered against Defendant and an OSC re: default judgment was set for June 4, 2018. However, on June 1, 2018, Defendant's motion to set aside default was granted. The OSC re: default judgment should have been taken off calendar at that time, but due to a clerical error, was not. Thereafter, when there was no appearance at the June 4, 2018 OSC, the Court dismissed the action without prejudice. The Court, on it...

Excerpt: ...tiff filed an opposition to the Demurrer. At the March 20 hearing, the Court continued the hearing to May 8, 2019, and ordered that if Plaintiff wished to alter his opposition, he must file and serve the amended opposition by April 22, 2019. Instead, on April 25, 2019, Plaintiff filed a First Amended Complaint. “A party may amend its pleading once without leave of court at any time before the answer, demurrer, or motion to strike is filed, or a...

Excerpt: ...n he collided with Plaintiff. American Fire and Casualty Company (“Intervenor”) insures Safari and seeks leave to intervene in this 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).) The ...

Excerpt: ... Plaintiff did not submit a separate statement responding to Defendant's statement of undisputed facts and instead submitted a statement containing only additional facts. The failure to comply with the separate statement requirement is sufficient ground, in the court's discretion, for granting the motion. (Code Civ. Proc., § 437c, subd. (b)(3).) Instead, the Court will consider the facts submitted in Defendant's separate statement to be undisput...

Excerpt: ...nt's first motion for terminating sanctions after Plaintiff Jose Vivian failed to appear for his deposition and disobeyed a court order to appear. Bob B. Khakshooy filed the complaint on behalf of plaintiffs, but on May 17, 2018, BB Law Group filed an association for plaintiffs. Then, on December 11, 2018, BB Law group advised they would no longer be representing plaintiffs due to a conflict of interest. Khakshooy filed an opposition to Defendant...

Excerpt: ...s attacked, assaulted, and shot. On June 18, 2018, Plaintiff named United Forces Security Services (“United Forces”) as Doe 1. Plaintiff served United Forces at an address in Riverside, California. On December 6, 2018, defense counsel received notice from Sedgwick Claims Management Services, Inc., administrator on behalf of Everest National Insurance Company, Inc. (“Everest”), that it was assigned to defend United Forces under its applica...

Excerpt: .... On August 16, 2018, the San Bernardino court sustained the demurrer with leave to amend. On November 29, 2018, Plaintiff filed her Second Amended Complaint (“SAC”). On March 4, 2019, the case was transferred to Los Angeles County. Defendant demurs to the SAC on grounds the action is barred by the statute of limitations, it is uncertain, and Plaintiff fails to plead facts sufficient to constitute a cause of action. II. LEGAL STANDARDS A demu...

Excerpt: ... Plaintiff first presented to Defendant on October 30, 1986. (Undisputed Material Fact “UMF” No. 2.) In 1986, Defendant's patient notes indicate Plaintiff's periodontal condition was healthy and stable with periodontal measurements generally 2-3 mm. He also noted Plaintiff gave a history of smoking one pack of cigarettes per day. (UMF No. 3.) In July 1990, Defendant performed deep scaling and root planning and noted Plaintiff had “bony defe...

Excerpt: ... of evidence arising out of an April 17, 2015 work-related injury meat grinder incident where three of Plaintiff's fingers were amputated. Trial is currently set for August 9, 2019. Hollymatic Corporation (Doe 1) (“Defendant”) seeks to continue trial and trial- related dates. A party seeking a continuance of the date set for trial must make the request for a continuance by a noticed motion or an ex parte application as soon as reasonably prac...

Excerpt: ...lided with Plaintiff's vehicle. On January 28, 2019, Plaintiff filed a proof of service showing substitute service on Defendant on January 22, 2019 on Anton Kritzinger – Brother/Co-Tenant at an address on Barry Avenue in Los Angeles, California. Michaela moves to quash service of the summons and complaint on grounds she is a resident of Johannesburg, South Africa and she was never properly served. Personal service may be accomplished by persona...

Excerpt: ... trial to March 2019. On January 29, 2019, Defendant substituted current counsel as trial counsel. On February 19, 2019, the parties stipulated to continue the trial to May 10, 2019, indicated they would request the case to be assigned to a long cause courtroom, and agreed to a further continuance of the trial to August or September 2019. The stipulation included a schedule for completing expert discovery, and stated that non-expert discovery was...

Excerpt: ... summary adjudication. II. FACTUAL BACKGROUND <0048005500030049005500 0052005100510048000f[ visited a Starbucks Coffee store in Arcadia, California. (Undisputed Material Fact “UMF” No. 1.) Both Plaintiff and Yvonne ordered drinks of hot tea. (UMF Nos. 3, 4.) Yvonne sat down at a table while Plaintiff waited for the drinks. (UMF No. 5.) After the drinks were ready, Plaintiff retrieved them from the counter. (UMF No. 6.) Both drinks were double...

Excerpt: ...nt medical examinations of Plaintiffs for August 1, 2019 with Clive M. Segil, M.D. On March 7, 2019, Plaintiffs served objections to the demands on grounds they had improper reference to “independent” examinations rather than “defense” examinations. Defendants served amended demands on March 14, 2019, which deleted reference to “independent” examinations. Plaintiffs then objected on grounds they were unavailable on August 1, 2019. On ...

Excerpt: ...red significant injuries resulting in medical treatment, including multiple surgical procedures, costing over $200,000.00 to date. In her Answer, Defendant raised affirmative defenses based on comparative negligence, assumption of risk, failure to mitigate damages, superseding causes, and contributory fault of unidentified third parties. On March 25, 2019, Defendant filed a motion for protective order. On April 4, 2019, Plaintiffs filed motions t...

Excerpt: ...leging negligent entrustment and prayer for prejudgment interest. 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 may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436, subd. (...

Excerpt: ...m the Complaint. II. LEGAL STANDARDS The court may, upon a motion, or at any time in its discretion, and upon 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 cour...